41- 
 ICJI4- 
 
 (jDrnell Slam *rl}nnl Elbrarg 
 
Cornell University Library 
 KEY 411914 
 
 The consolidated ordinances of the Yulton 
 
 3 1924 017 884 556 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924017884556 
 
r. 
 
 THE 
 
 CONSOLIDATED ORDINANCES 
 
 OF THE 
 
 YUKON TERRITORY 
 1914 
 
 Being a Consolidation of the Public General Ordinances 
 
 OF THE 
 
 COUNCIL OF THE YUKON TERRITORY 
 
 Printed by direction of the Commissioner of the Yukon Territory 
 
 1915 
 70263— A 
 
CONSOLIDATED ORDINANCES 
 
 OF THE 
 
 YUKON TERRITORY, 
 
 1914. 
 
 TABLE OF CONTENTS. 
 
 PAGE. 
 
 Proclamation brmgmg into force the Consolidated Ordinances, 1914 vii 
 
 Ordinance authorizing the Consolidation of the Ordinances of the Yukon Terri- 
 tory and By-Laws of the City of Dawson. viii 
 
 Ordinance respecting the ConsoMdated Ordinances of the Yukon Territory and By- 
 Laws of the city of Dawson x 
 
 The Yukon Act as amended y}./'.\p:'.\- xiv 
 
 Ordinance respecting Hens in favour of Miners (by Order in Council) xxxix 
 
 Yukon Ordinances. 
 
 , CHAP. 
 
 1. Interpretation Ordinance 3 
 
 2. Alimony, ordinance respecting 12 
 
 3. Animals, impounding of trespassing and straying 13 
 
 4. Arbitration, ordinance respecting 18 
 
 5. Assessment, ordinance respecting 22 
 
 6. Auctioneers, Hawkers, and Pedlars, respecting 48 
 
 7. BUls of Sale, ordinance respectiag 50 
 
 8. Births, Deaths and Marriages, registration of 61 
 
 9. BoUers, inspection of 71 
 
 10. Bread, weight and sale of 80 
 
 11. Bridges, protection of 82 
 
 12. Cemeteries, ordinance respecting 83 
 
 13. Clerk and Deputy Clerk of Court, respecting 90 
 
 14. Chemists and Druggists, respecting 94 
 
 15. Choses in Action, respecting 102 
 
 16. Collection of Debts, respecting — 104 
 
 70263— Ai iii 
 
iv TABLE OF CONTENTS. 
 
 CHAP. PAGE. 
 
 17. Commissioners to administer oaths 108 
 
 18. Companies, ordinance 109 
 
 19. Compensation to families of persons killed by accident, respecting 258 
 
 20. Constables, respecting 259 
 
 21. Constitutional and other questions, respecting decision of 260 
 
 22. Controverted Elections, respecting 261 
 
 23. Coimcil of the Yukon Territory, respecting 269 
 
 24. Creditors relief ordinance 278 
 
 25. Dentistry, practice of, concerning 284 
 
 26. Distress and Extra-judicial seizure, respecting 289 
 
 27. Dogs, respecting - 291 
 
 28. Elections, respecting 295 
 
 29. Employers Liability ordinance 333 
 
 30. Evidence and witnesses, respecting 343 
 
 31. Exemptions from Seizure, respecting 355 
 
 32. Factors and Agents, respecting '. 357 
 
 33. Fast driving, respecting 361 
 
 34. Ferries, respecting 362 
 
 35. Fires, investigation of, respecting accidents by 366 
 
 36. Fires, prevention, respecting 368 
 
 37. Forest Fires, respecting 371 
 
 38. Foxes, exportation of, respecting 374 
 
 39. Game, preservation of, respecting 377 
 
 40. Health, respecting PubHc 3g2 
 
 41. Highway, regulation of traflfic on, respecting 393 
 
 42. Hire, Receipts and Conditional Sales, respecting 396 
 
 43. Hospitals, respecting 399 
 
 44. Hotel and Boarding House Keepers, respecting 401 
 
 45. Inquiries concerning Public Matters 4Q3 
 
 46. Insane Persons, respecting 4O4 
 
 47. Insurance for benefit of wjfe and children, resperting 4O6 
 
 (Interpretation, Chap. 1). 
 
TABLE OF CONTENTS. v 
 
 CHAP. 
 
 48. Judicature ordinance ., ' 
 
 412 
 
 49. Juries ordinance -,- 
 
 547 
 
 50. Legal profession ordinance tcy 
 
 51. Liens in favour of mechanics and others, respecting 56S 
 
 52. Liens, Miners, respecting cyo 
 
 Liens, Miners {Order in Council) page xxxix. 
 
 53. Liens in favour of Woodmen and others, respecting 534 
 
 54. Lien Actions, respecting personal judgments in 593 
 
 55. Limitation of Actions, respecting 595 
 
 56. Liquor Licenses, respecting gay 
 
 57. Liquors, intoxicating, respecting importation of and traffic in 635 
 
 58. Livery Stable Keepers, respecting 637 
 
 59. Logs and timber, respecting driving of 639 
 
 60. Marriages, respecting 646 
 
 61 . Married women, respecting personal property of ' 650 
 
 62. Masters and Servants, respecting 651 
 
 63. Mechanics and Literary Institutes, respecting 653 
 
 64. Medicine and Surgery, respecting the profession of 657 
 
 65. Miners, ordinance for the protection of 662 
 
 66. Motor Vehicles, regulating speed and operation of 676 
 
 67. Newspapers, ordinance respecting 684 
 
 68. Notaries Public, ordinance respecting 686 
 
 69. Partnerships, ordinance respecting 687 
 
 70. Pawnbrokers, ordinance respecting 692 
 
 71. PoUce Magistrates Courts, respecting procedure in civil cases in 694 
 
 72. Pollution of running streams, respecting 698 
 
 73. Preferential assignments, respecting 699 
 
 74. Public Administrator, ordinance respecting the office of 700 
 
 75. Pubhc Printing, ordinance respecting 703 
 
 76. Public Service ordinance 706 
 
 77. Road Houses, ordinance respecting 714 
 
 78. Sale of goods, ordinance respecting 716 
 
 79. Schools, ordinance respecting 732 
 
vi . TABLE OF CONTENTS. 
 
 CHAP. PAGE. 
 
 80. Sheep and other animals, ordinance for protection of 764 
 
 81. Sheriff and Deputy Sheriff, ordinance respecting 765 
 
 82. Slander, ordinance to amend the Law relating to 772 
 
 83. Slaughter Houses and the kilUng and dressing of animals, respecting 773 
 
 84. Societies, Benevolent and others, respecting 777 
 
 85. Succession Duties, respecting 782 
 
 86. Tenancy in common, respecting 788 
 
 87. Time, Standard, respecting 789 
 
 88. Towns, ordinance respecting 790 
 
 89. Trespassers on PubUc Property, removal of 802 
 
 SCHEDULES. 
 
 Schedule 1 — 
 
 Ordinances repealed prior to consolidation of 1914 803 
 
 Schedule 2 — 
 
 Ordinances repealed from the date of coming into force of the Consolidation of 1914. 805 
 
 Schedule 3— 
 
 Ordinances left unrepealed 809 
 
PROCLAMATION. 
 
 Bringing into Force "The Consolidated Ordinances of The Yukon 
 
 Territory, 1914. 
 
 GEORGE BLACK, 
 
 Commissioner . 
 
 CANADA. 
 
 Yukon Territory. 
 
 To all to whom these Presents shall come: 
 
 Greeting. 
 
 Whereas in and by a certain Ordinance of the Commissioner in Council, 
 assented to on the thirtieth of March, 1914, intituled "An Ordinance Respecting 
 the Consolidated Ordinances of the Yukon Territory, 1914, and By-Laws of the 
 City of Dawson", it was, inter alia, enacted that so soon as the consolidation 
 of such Ordinances and the Schedules should be completed pursuant to the said 
 Ordinance and to the provisions of Chapter 6 of the Ordinances of the said 
 Commissioner in Council of 1913, being an Ordinance to authorize such con- 
 solidation, the Commissioner might cause a correct 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 effect as Lav/ by the designation of "The 
 Consolidated Ordinahces of the Yukon Territory, 1914." 
 
 And Whereas the said consolidation and Schedules have been completed 
 and the Commissioner has caused a correct Roil thereof attested under his 
 signature and countersigned by the Clerk of the Council to be deposited in the 
 office of the Territorial Secretary; 
 
 Now Know Ye that I do by this 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, 1914" 
 on, from and after the first day of the month of April in the year one thousand 
 nine hundred and fifteen. 
 
 Given under the hand of the Commissioner and issued under the Seal of 
 the Yukon Territory at Dawson this twenty-sixth day of March, one thousand 
 nine hundred and fifteen and in the fifth year of His Majesty's Reign. 
 
 (SEA L.) A. F. ENGELHARDT, 
 
 Territorial Secretary, 
 vii 
 
vin 
 
 Consolidated Ordinances. 
 
 ORDINANCE No. 6 OF 1913. 
 
 Preamble. 
 
 An Ordinance Authorizing the Consolidation of the 
 Ordinances of the Yukon Territory and the 
 By-Laws of the City of Dawson. 
 
 [Assented to April 15th, 191S.] 
 
 Whereas, It is expedient bhat measures should be adopted 
 for consolidating the Ordinances of the Yukon Territory and the 
 By-Laws of the City of Dawson. 
 
 The Commissioner of the Yukon Territory, by and with the 
 advice and consent of the Council of said Territory, therefore 
 enacts as follows: 
 
 Commission 
 to be 
 
 Ordinances 
 and By-laws. 
 
 1. It shall be lawful for the Commissioner to issue a com- 
 mission to two or more persons, constituting them Commission- 
 to wwmolidate ers for consolidating the Ordinances of the North- West Terri- 
 tories in force in the Yukon Territory, the Ordinances of the 
 Yukon Territory and the By-Laws of the City of Dawson, and to 
 include in such consolidation and revision the Ordinances and 
 By-Laws passed at the present Session of the Yukon Council, 
 and such Ordinances and By-Laws passed at the next Session 
 of said Council as it may be deemed expedient so to include, and 
 from time to time, in case of the death or refusal or incapacity 
 to act of any of the said Commissioners, to appoint some other 
 person or persons to be a Commissioner or Commissioners as 
 aforesaid to accomplish the purpose of this Ordinance. 
 
 Commis- 
 sioners to 
 prepare and 
 arrange for 
 publication 
 Ordinances 
 and 
 By-Laws. 
 
 2. The said Commissioners are hereby authorized and empow- 
 ered to prepare and arrange for publication of the said Ordi- 
 nances and By-Laws, to omit all such Ordinances and By-Lasw 
 and parts of Ordinances and By-Laws as have expired, been re- 
 pealed or had their effect and all Ordinances and By-Laws 
 repealing any or any parts of any Ordinances and By-Laws, 
 as well as the Ordinances and By-Laws, and parts or Ordinances 
 and By-Laws repealed and the schedules of all such repealed 
 or repealing Ordinances and By-Laws, and to alter the numbers 
 of the said Ordinances and By-Laws and the Sections thereof, 
 and without in any manner changing or affecting the legal effect 
 of the said Ordinances and By-Laws, correct any misprint or 
 error or any contradiction or ambiguity in the said Ordinances 
 and By-Laws, and to make such alterations in their language as 
 are requisite in order to preserve a uniform mode of expression 
 and may make such minor amendments as are necessary to bring 
 out more clearly what they deem to have been the intention of 
 the Yukon Council or the City Council, as the case may be, or to 
 reconcile seemingly inconsistent enactments, or to correct clerical 
 or typographical errors and to frame a comprehensive index to 
 the entire work. 
 
Consolidated Ordinances. ix 
 
 3. It shall be lawful for the Commissioner to direct the pay- Commis- 
 ment of such sum or sums as he may think fit, not exceeding fzed^to^direct 
 the moneys to be appropriated from time to time by the Com- payment for 
 missioner in Council for such purpose, as a remuneration for such p^fntin^^'tc^"^ 
 Commissioners, and also for such further charges and expenses 
 as may be incurred, laid out and expended in the printing and 
 binding of the said Consolidated Ordinances and By-Lawn's or 
 incident thereto. 
 
Consolidated Ordinances. 
 
 ORDINANCE No. 5 OF 1914. 
 
 An Ordinance respecting the Consolidated Ordinances- 
 of the Yukon Territory, 1914, and By-Laws of the 
 City of Dawson. 
 
 [Assented to March 30th, 191/+.] 
 
 Preamble. Whereas, Pursuant to the provisions of Cliapter 6 of the 
 
 Ordinances of 1913, a Commission was issued under the seal of 
 the Yukon Territory empowering certain Commissioners to 
 revise and consolidate the Ordinances of the Yukon Territory 
 and the By-Laws of the City of Dawson; and, 
 
 Whereas, It is expedient to provide for the incorporation 
 with such revision and consolidation the Public and General 
 Ordinances and By-Laws which may be pas^d during the present 
 session of the Yukon Council. 
 
 The Commissioner of the Yulcon Territory, by and with the 
 advice and consent of the Council of said Territory, therefore 
 enacts as follows: 
 
 Roll to be 1. So soon as the said consolidation of such Ordinances and 
 
 deposited. By-Laws has been completed the Commissioner may cause 
 correct rolls thereof respectively (which may be partly printed 
 and partly written), attested under his signature and counter- 
 signed by the Clerk of the Council, to be deposited in the office 
 of the Territorial Secretary, which rolls shall be held to be the 
 original thereof and to embody the several Ordinances and parts- 
 of Ordinances and By-Laws mentioned as repealed in the 
 Schedules thereto respectively annexed. Any marginal notes, 
 however, and headings in the body of the Ordinances and 
 By-Laws and references to former enactments being held to 
 form no part of the said Ordinances or By-Laws, but to b& 
 inserted for convenience of reference only. 
 
 2. The Commissioner after such deposit of the said rolls 
 respectively 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 respectively of "The Consolidated 
 Ordinances of the Yukon Territory, 1914," and "The Revised 
 By-Laws of the City of Dawson, 1914," and the expression 
 "Consohdated Ordinances" wherever hereinafter in this Ordi- 
 nance used shall mean "The Consolidated Ordinances of the 
 Yukon Territory, 1914." 
 
 ■^rocfamltion ^' '^^ ^^^ ^'"°™ ^^^^ ^^^ *^*^ &sime shall accordingly come 
 proc ama ion. ^^^^ ^^^^^ ^^^ effect by the said designations 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 
 
 Commis- 
 sioner by 
 proclamation 
 to declare 
 date of 
 comiing into 
 force of 
 Consolidated 
 Ordin:vnees. 
 
Consolidated Ordinances. xi 
 
 from such day; and on and from the same day all the enact- 
 ments in the several Ordinances and parts of Ordinances and 
 By-Laws and parts of By-Laws in such Schedules mentioned 
 as far as they relate to the Territory shall stand and be 
 repealed to the extent mentioned in the said Schedules save 
 only as hereinafter provided. 
 
 4. The repeal of the said Ordinances and parts of Ordi- Saving as to 
 nances shall not revive any Ordinance or provision of law repealed anterior'"" 
 by them; nor shall the said repeal prevent the effect of any to repeal. ' 
 saving clause in the said Ordinances and parts of Ordinances or 
 
 the application of any 6f the said Ordinances or parts of Or- 
 dinances or of any Ordinance or provision of law formerly 
 in force to any transaction, matter or thing anterior to the 
 said repeal to which they would otherwise apply. 
 
 5. The repeal of the said Ordinances and parts of Or- ^g**^^ ^°* 
 dinances shall not affect: repeal. 
 
 (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, grant- 
 ed, completed, pending, existing, or in force at the time of such 
 repeal; 
 
 '(c) Any act, deed, right, title, interest, grant, assurance, 
 descent, will, registry, by-law, rule, regulation, proclamation, 
 contract, lien, charge, status, capacity, immunity, matter or 
 thing had, done, made, acquired, established or existing at the 
 time of such repeal; 
 
 (d) Any office, appointmeiit, commission, salary, allowance, 
 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 preju- 
 dicially 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; 
 
 (6) 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, proclamation, contract, 
 lien, charge, status, capacity, immunity, matter or thing; 
 
 (d) Office, appointment, commission, salary, allowance, se- 
 curity or duty; 
 
 (e) Marriage 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 continued, prosecuted, 
 enforced and proceeded with under the said Consolidated Ordi- 
 
XII 
 
 Consolidated Ordinances. 
 
 Consolidated 
 Ordinances 
 not to be 
 deemed 
 new law. 
 
 Construction 
 where the 
 same in 
 effect as 
 repealed 
 Ordinances. 
 
 Reference in 
 former 
 Ordinance 
 to repealed 
 Ordinances. 
 
 nances 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. 
 
 6. The said Consolidated Ordinances shall not be held 
 to operate as new laws, but shall be construed and have effect 
 as a consolidation of the law as contained in the said Ordinances 
 and parts of Ordinances of the Territory and substituted, and 
 the Commissioner in Council is not to be deemed to have adopted 
 the construction which may by judicial decision or otherwise 
 have been placed upon the language of any of the Ordinances in- 
 cluded amongst the said Consolidated Ordinances. 
 
 2. The various portions of the Consolidated Ordinance 
 corresponding to and substituted for the provisions of the 
 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 retrospectively 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. 
 
 T. Any reference in any former Ordinance remaining in force 
 or in any instrument or document to any Ordinance or enactment 
 so repealed shall after the Consolidated Ordinances take effect 
 be held as regards any subsequent transaction, matter or thing 
 to be a reference to the enactments in the Consolidated Ordi- 
 nances having the same effect as such repealed Ordinances or 
 enactment. 
 
 Effect of 8, The insertion of any such Ordinance in the said Schedule 
 
 MfordSance ^^sM not be construed as a declaration that such Ordinance or any 
 in Schedule II. part of it was Or was not in force immediately before the 
 coming into force of the said Consolidated Ordinances. 
 
 Copies 9. Copies of the Consolidated Ordinances printed under the 
 
 direction^ direction of the Commissioner from the roll so deposited shall be 
 
 of Commis- received as evidence of the said Consolidated Ordinances in all 
 
 sioner to be Courts and places whatsoever. 
 
 evidence, ^ 
 
 Distribution 
 of copies. 
 
 lO. The Consolidated Ordinances shall be distributed in 
 such numbers and to such persons only as the Commissioner 
 may direct. 
 
 This 
 
 Ordinance to 
 be pnnted 
 with 
 
 Consolidated 
 Ordinances. 
 
 Citation of 
 
 Consolidated 
 
 Ordinances. 
 
 11. This Ordinance shall be printed with the said Consol- 
 idated Ordinances and shall be subject to the same rules of 
 construction as the said Consolida,ted Ordinances. 
 
 12. Any Chapter of the said Consolidated Ordinances may 
 be cited and referred to in any Ordinance or proceeding whatso- 
 ever 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 parti- 
 cular chapter), or by using the expression "The Consolidated 
 
Consolidated Ordinances. xiii 
 
 Ordinances, 1914, Chapter " (adding tlie number of the 
 
 particular chapter printed in the copies printed under the direc- 
 tion of the Cqmmissioner) . 
 
 13. The provisions and enactments of this Ordinance in re- Provisions to 
 gard to the Ordinances and Consolidated Ordinances aforesaid rl?i^iono£ 
 and the revision and consolidation thereof shall as far as applic- By-Laws of 
 able apply to and include the By-Laws of the City of Dawson and ^'*^^°"- 
 the revision and consolidation thereof by said Commission. 
 
XIV 
 
 Yukon Ad. 
 
 CHAPTER 63, R.S.C., 1906. 
 
 An Act to provide for the Government of the Yukon 
 
 Territory. 
 
 As amended by Chapter 53, 6-7 Edward VII., Chapter 76, 7-8 
 Edward VII., Chapter 37, 8-9 Edward VII and Chapter 
 66, 2 George V. 
 
 Note — This consolidation ot Chapter 63 R.S. and its amending Acts, above 
 mentioned, is a consolidation for office purposes. 
 
 New sections from amending Acts have the numbers bracketed thus (6). 
 
 SHOET TITLE. 
 
 Short title. 1. This Act may be cited as The Yukon Act. 61 V., c. 6, 
 s. 1. 
 
 INTERPRETATION . 
 
 Definitions. 
 
 "Council" 
 defined. 
 
 "Commis- 
 sioner in ' 
 Council." 
 
 3. In this Act, unless the context otherwise requires, — 
 
 (a) "Territory" means the Yukon Territory; 
 
 (6) ' ' Commissioner " means the Commissioner of the Yukon 
 Territory; 
 
 (c) "Council" means the Council of the Yukon Territory; 
 
 {d) "Court" means the Territorial Court for the Yukon 
 Territory; 
 
 (e) "Intoxicating liquor" means and includes all spirits, 
 strong waters, spirituous liquors, wines, fermented or 
 compounded liquors or intoxicating fluids; 
 
 (/) "Intoxicant" includes opium or any preparation thereof, 
 and any other intoxicating drug or substance, and to- 
 bacco or tea mixed, compounded or impregnated with 
 opium, or with any other intoxicating drug, spirit or 
 substance, and whether the same or any of them is liquid 
 or solid. 61 V., c. 6, ss. 3 and 10; 62-63 V., c. 11, ss. 1 
 and 5; 1 E. VII., c. 41, s. 13, as amended by 7-8 E. VII., 
 c. 76, s. 1. 
 
 (g) "Commissioner in Council" means the Commissioner 
 by and with the advice and consent of the Council. 
 7-8 E. VII., c. 76, s. 2. 
 
 TERRITORY. 
 
 Continued a 3. The territory described in the schedule to this Act shall 
 territo^ continue to be a separate territory under the name of the Yu- 
 kon^Territory. 1. E VII., c. 41, s. 13. 
 
Yukon Act. xv 
 
 COMMISSIONER. 
 
 4. The Governor in Council may, by instrument under tlie Commis- 
 Great Seal, appoint for the Territory a chief executive officer to sioner. 
 be styled and known as the Commissioner of the Yukon Terri- 
 tory. 61 v., c. 6, s. 3. 
 
 5. The Commissioner shall administer the government of Administra- 
 the Territory under instructions from time to time given him tion of 
 
 by the Governor in Council or the Minister of the Interior. g°'^ernment. 
 61 v., c. 6, s. 4. 
 
 6. The Governor in Council may from time to time appoint Appointment 
 an Administrator to execute the office and functions of the of Adminis- 
 Commissioner during his absence or illness or other inability. *''''*'"'■ 
 
 7-8 E. VII., c. 76, s. 3. 
 
 6a. The Commissioner and every Administrator appointed Oaths of 
 under the said Act as so amended shall, before assuming the duties Commia- 
 of his office, take and subscribe before the Governor General, Administra- 
 or before some person duly authorized to administer such oaths, tor. 
 an oath of allegiance and an oath of office similar to those re- 
 quired to be taken by a lieutenant governor under the British 
 North America Act, 1867. 7-8 E. VII., c. 76, s. 4. 
 
 6b. The salary of the Commissioner and of the Administra- Salaries. 
 tor shall be fixed by the Governor in Council and shall be pay- 
 able out of the Consolidated Revenue Fund of Canada. 7-8 
 E. VIL, c. 76, s. 5. 
 
 COUNCIL. 
 
 7. There shall be a Council of the Yukon Territory, which Elective 
 shall be composed of ten members elected to represent the council, 
 electoral districts to be named and described by the Commis- 
 sioner in Council. 
 
 2. Any person shall be eligible for election as a member of Qualification 
 the Council who is qualified to vote at an election of such a mem- of councillor, 
 ber. 7-8 E. VII., c. 76, s. 6. 
 
 8. The members of the Council shall, before entering upon oaths of 
 the duties of their office, take and subscribe before the Commis- office and 
 sioner such oaths of allegiance and office as the Governor in ^'^^siance. 
 Council may prescribe. 62-63 V., c. 11, s. 1; 2 E. VIL, c. 34, s. 1. 
 
 O. The Commissioner in Council may prescribe the qualifi- Qualification 
 cations of those entitled to vote at an election of members to of electors, 
 the Council; provided that only those persons shall be entitled 
 to so vote who are natural born or naturalized male British sub- 
 jects of the full age of twenty-one years, and who have resided 
 in the Territory for a period of twelve months prior to the date 
 of the election. 7-8 E. VIL, c. 76, s. 7. 
 
 (9a) Until the Commissioner in Council otherwise pro- 
 vides, the laws in force in the Territory immediately before the 
 coming into force of this Act relating to the Council and to the 
 election of representative members of the Council, shall, sub- 
 
XVI 
 
 Yukon Act. 
 
 Writs for 
 first election. 
 
 Duration 
 of council. 
 
 Yearly 
 session. 
 
 Sittings 
 separate 
 from Com- 
 missioner. 
 
 Sanction 
 of Bills. 
 
 Quorum. 
 
 Yukon 
 
 Consolidated 
 
 Fund. 
 
 Money Bills. 
 
 Recom- 
 mendation of 
 Com- 
 missioner. 
 
 Sessional 
 indemnity of 
 councillors. 
 
 Appropriation 
 of moneys 
 granted by 
 Parliament. 
 
 Audit by 
 
 Auditor 
 
 General. 
 
 ject to the provisions of this Act, apply to the Council as con- 
 stituted under this Act and to the election of members of the 
 Council. 7-8 E. VII., c. 76, s. 7; 
 
 (9&) The writs for the election of the first Council under this 
 Act shall be issued by the Commissioner and be returned within 
 four months after this Act comes into force. 7-8 E. VII., c. 
 76, s. 10; 
 
 (9c) Every Council shall continue for three years from the 
 date of the return of the writs for the general election, and no 
 longer; but the Commissioner may, at any time, dissolve the 
 Council and cause a new one to be elected. 7-8 E. VII., c. 76, 
 s. 11; 
 
 (9d) There shall be a session of the Council convened by the 
 Commissioner at least once in every year after the first session 
 thereof, so that twelve months shall not intervene between the 
 last sitting of the Council in one session and its first sitting in 
 the next session. 7-8 E. VII., c. 76, s. 12; 
 
 (9e) The Council shall sit separately from the Commissioner 
 and shall present Bills passed by it to the Commissioner for his 
 assent, and he may approve or disapprove of any of such Bills 
 or reserve them for the assent of the Governor in Council. 7-8 
 E. VII., c. 76, s. 13; 
 
 (9/) A majority of the Council, including the Speaker, shall 
 form a quorum. 7-8 E. VII., c. 76, s. 14; 
 
 {9g) All public moneys and revenue over which the Commis- 
 sioner in Council has the power of appropriation shall form a 
 fund to be known as the Yukon Consolidated Revenue Fund. 
 7-8 E. VII., c. 76, s. 15; 
 
 (9h) Bills for appropriating any part of the public revenue of 
 the Territory or for imposing any tax or impost, shall originate 
 in the Council. 7-8 E. VII., c. 76, s. 16; 
 
 (9%) It shall not be lawful for the Council to adopt or pass 
 any vote, resolution, address, or bill for the appropriation of 
 any part of the public revenue of the Territory, or of any tax or 
 impost, to any purpose that has not been first recommended to 
 Council by message of the Commissioner, in the session in 
 which such vote, resolution, address, or bill is proposed. 7-8 
 E. VII., c. 76, s. 17; 
 
 (9j) The Commissioner in Council may provide for the pay- 
 ment to each member in attendance in each session of the 
 Council a sum not to exceed six hundred dollars, together 
 with his actual travelling expenses, which allowance shall be 
 payable out of the Yukon Consolidated Revenue Fund. 7-8 
 E. VII., c. 76, s. 18; 
 
 (Qk) When any sum of money is granted to His Majesty by 
 Parliament to defray expenses for any specified public service 
 in the Yukon Territory, the power of appropriation by the 
 Commissioner in Council over that sum shall be subject to the 
 specified purpose for which it is granted. 7-8 E. VII., c. 76, 
 s. 19; 
 
 {91} The receipt and expenditure of territorial funds and of 
 such portion of any moneys appropriated by Parliament for 
 the territory as the Commissioner is authorized to expend by 
 
Yukon Act. xvii 
 
 and with the advice and consent of the Council or any committee 
 thereof, and the accounts with respect to such receipt and 
 expenditure, shall be subject to examination and audit by the 
 Auditor General in the same manner and to the same extent as 
 are the receipt and expenditure of public moneys of Canada 
 and the accounts with respect thereto under The Consolidated 
 Revenue and Audit Act. 
 
 2. The Auditor General shall within the first three months Annual 
 of each fiscal year depute an officer of his office to proceed to ''"'^"■ 
 the Territory for the purpose- of examining and auditing such 
 receipt, expenditure and accounts, and reporting thereon to 
 him. 
 
 3. The public accounts of the Territory shall include the Fiscal year. 
 period from the first day of April in one year to the thirty-first 
 
 day of March in the next year, which period shall constitute the 
 fiscal year, both inclusive. 7-8 E. VII., c. 76, s. 20. 
 
 (9m) The Governor in Council may appoint a fit and proper Appointment 
 person, being a barrister or advocate of at least five years ^1^"^^^^^^*^" 
 standing at the bar of any of the provinces of Canada, to be °'^ ^^ °^' 
 pubUc' administrator and official guardian in and for the Terri- 
 tory, under the name of "Public Administrator," and to hold 
 office during pleasure. 
 
 2. The public administrator shall perform such duties as His duties 
 are imposed upon him, and be invested with such powers as are ^"<i powers, 
 bestowed upon him, by or under any Act of the Parliament of 
 Canada, or any Ordinance of the Governor in Council or the 
 Commissioner in Council, and shall be otherwise subject to the 
 provisions of any such Act or Ordinance with respect to the said 
 
 office of public administrator: Provided that no such Ordinai(ce 
 of the Commissioner in Council shall have force or effect except 
 in so far as it is not inconsistent with any Ordinance of the 
 Governor in Council or any Act of the Parliament of Canada. 
 
 3. With respect to such services or duties as he is required Remunera- 
 to render or perform by order of the Governor' in Council or 
 
 under any Ordinance of the Governor in Council or of the Com- 
 missioner in Council, the Public Administrator shall receive and 
 be paid such fees or other remuneration as is prescribed by the 
 Commissioner in Council. 
 
 4. Before entering upon his duties the public administrator Oath of office 
 shall take such oath of office and furnish such security for the ^^^ security. 
 faithful and proper performance of the duties of his office as 
 
 are from time to time prescribed by the Governor in Council. 
 
 5. The work and operation of the office of pubhc adminis- Audit of 
 trator, and his dealings and accounts in connection with estates work of 
 or property coming into his hands by virtue of his office, shall ° 
 
 be subject to inspection, exam^iation and audit by the Auditor 
 General of Canada, or by any officer deputed by him for that 
 purpose. 7-8 E. VII., c. 76, s. 21. 
 
 (Qn) The Auditor General, and, while he is engaged in any Powers of 
 examination and audit under section 20, or in any inspection, ^^^^^ 
 examination and audit under section 21 of this Act, the officer 
 so deputed by him, shall, in connection with such inspection, 
 70263— B 
 
xviu 
 
 Yukon Act. 
 
 Commence- 
 ment of Act. 
 
 Other 
 Ordinances. 
 Taxation. 
 Juries. 
 
 Liquor 
 traffic. 
 
 Game. 
 
 examination and audit, have all the powers which the Auditor 
 General has under The Consolidated Revenue and Audit Act in 
 connection with the examination and audit of the receipt and 
 expenditure of public moneys of Canada and the accounts with 
 respect thereto. 7-8 E. VII., c. 76, s. 22. 
 
 (9o) This Act shall come into force on the first day of May, 
 one thousand nine and nine. 7-8 E. VII., c. 76, s. 23. 
 
 [Section 10 of the Yukon Act repealed. 7-8 E. VII., c. 76, 
 s. 8]. 
 
 11. The Commissioner in Council may make ordinances, — 
 
 (a) imposing taxes for any purpose within his Jurisdiction; 
 
 (b) respecting the summoning of juries and the enforce- 
 ment of the attendance of jurors for the trial of civil and 
 criminal cases and respecting the payment of the costs 
 and expenses in connection therewith; 
 
 (c) for the control and regulation of the sale of and traffic 
 in intoxicating liquor in the Territory, subject to the pro- 
 visions of any Ordinance of the Governor in Council and 
 notwithstanding anything to the contrary in any Act of 
 Parliament ; 
 
 (d) for the preservation of game in the Territory. 62-63 
 v., c. 11, s. 2; 63-64 V., c. 34, s. 1; 2 E. VII., c. 34, s. 2; 
 3 E. VII., c. 73, s. 1. 
 
 Further 
 powers to 
 make 
 Ordinances. 
 
 Territorial 
 offices and 
 officers. 
 
 Prisons. 
 
 Municipal 
 institutions. 
 
 Licenses. 
 
 Incorporation 
 of companies. 
 
 Marriage. 
 Property and 
 civil rights. 
 Administra- 
 tion of 
 justice. 
 
 13. The Commissioner in Council may also, subject to the 
 provisions of this Act, and of any other Act of the Parliament 
 of Canada applying to the Territory, and of any Ordinances 
 of the Governor in Council, make Ordinances for the govern- 
 ment of the Territory in relation to the classes of subjects next 
 hereinafter mentioned, that is to say: — 
 
 (a) The establishment and tenure of territorial offices and 
 the appointment and payment of territorial officers out of 
 territorial revenues; 
 (6) The establishment, maintenance and management of 
 prisons in and for the Territory, the expense thereof 
 being payable out of territorial revenues; 
 
 (c) Municipal institutions in the Territory; 
 
 (d) Shop, saloon, tavern, auctioneer and other licenses in 
 order to raise a revenue for territorial or municipal pur- 
 poses; 
 
 (e) The incorporation of companies with territorial objects, 
 excepting railway companies (not including tramway and 
 street railway companies) and steamboat, canal, telegraph 
 and irrigation companies; 
 
 (/) The solemnization of marriage in the Territory; 
 
 (g) Property and civil rights in the Territory; 
 
 (h) The administration of justice in the Territory, includ- 
 ing the constitution, organization and maintenance of ter- 
 ritorial courts of civil jurisdiction, including procedure 
 therein, but not including the appointment of judicial 
 officers, or the constitution, organization and maintenance 
 of courts of criminal jurisdiction, or procedure in criminal 
 matters ; 
 
The Yukon Act. xix 
 
 •^^^"^^.^ ^'^^'^^g o^ *^e powers, duties and obligations of Sheriffs and 
 sherifts and clerks of the courts and their respective ''•erka of - 
 deputies; ^oi't. 
 
 (i) The conferring on territorial courts of jurisdiction in Alimony. 
 
 matters of alimony; 
 (/c) The imposition of punishment by fine, penalty or im- Enforcing of 
 prisonment, for enforcing any territorial Ordinances; Ordinances. 
 . (0 The expenditure of territorial funds and such portion Expenditure 
 of any moneys appropriated by Parliament for the Terri- of territorial 
 tory as the Commissioner is authorized to expend by and '"'"^^' 
 with the advice of the Council or of any committee thereof; 
 (m) Generally, all matters of a merely local or private nature Local and 
 in the Territory. private. 
 
 2. The Commissioner in Council shall continue to have General 
 all the power and authority to make Ordinances which he had saying of 
 at the time of the coming into force of this Act, and any power power"^ 
 to repeal, re-enact or substitute provisions which, upon the com- 
 ing into force of this Act, the Commissioner in Council had 
 with respect to the provisions of the Northwest Territories Act, 
 The Revised Statutes of Canada, chapter fifty, and the Acts in 
 amendment thereof as applying to the Territory, is hereby pre- 
 served and shall continue with respect to the corresponding 
 provisions of this Act, if any. 2 E. VII., c. 34, s. 2. 
 
 13. Nothing in the last preceding section contained shall be Powers not 
 construed to give to the Commissioner in Council any greater t?*^™®®,*^ 
 powers with respect to the subjects therein mentioned than are provincial 
 given to provincial legislatures under the provisions of section legislatures, 
 ninety-two of The British North America Act,-18Q7, with respect 
 
 to the similar subjects therein mentioned. 2 E. VII., c. 34, s. 2. 
 
 14. The Commissioner in Council shall pass all necessary Education. 
 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 Territory 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 rates therefor; and also that the 
 minority of the ratepayers therein, whether Protestant or 
 Roman Catholic, may establish separate schools therein, and in 
 such case , the ratepayers establishing such Protestant or Roman 
 Catholic separate schools shall be liable only to assessments of 
 such rates as they impose upon themselves in respect thereof. 
 2 E. VII., c. 34, s. 2. 
 
 15. A copy of every Ordinance made by the Commissioner Ordinances 
 in Council shall be despatched by mail to the Secretary of State ^^^^^^ *' 
 of Canada within ten days after the passing thereof, and shall Parliament. 
 be laid before both Houses of Parliament as soon as conveniently 
 
 may be thereafter. 
 
 2. Any such Ordinance may be disallowed by the Governor in Disaiiow- 
 Council at any time within two years after its passage. 61 V., ^'""'■ 
 c. 6, s. 7. 
 
 70263— B* 
 
XX 
 
 The Yukon Act. 
 
 General 
 powers. 
 
 Proviso- 
 
 Specific. 
 
 Royalties on 
 gold and 
 silver. 
 
 Collection 
 thereof. 
 
 Forfeiture 
 for non- 
 payment. 
 
 Powers of 
 officers. 
 
 No tax 
 except as 
 authorized. 
 
 Ordinances 
 must be 
 approved by 
 Parliament. 
 
 OEDINANCES BY GOVEBNOR IN COUNCIL. 
 
 16. 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 subjects and 
 others therein: Provided that no such Ordinance shall,— 
 
 (a) for the enforcement of any Ordinance, impose any pen- 
 alty exceeding five hundred dollars; 
 (6) alter or repeal the punishment provided in any Act of 
 the ParUament of Canada in force in the Territory for 
 any offence; 
 (c) appropriate any public land or other property of Canada 
 without authority of Parliament, or impose any duty of 
 Customs or any excise. 
 
 2. Without limiting the generality of the powers so confer- 
 red the Governor in Council may make Ordinances, — 
 
 (a) imposing a tax or royalty, not exceeding five per centum 
 thereof, upon gold or silver the output of mines in the 
 Territory, to be levied from and after the date of the 
 Ordinance imposing it; 
 
 (6) prescribing and regulating the place and manner of 
 collection of such tax or royalty, and the methods of 
 securing and enforcing the payment thereof; 
 
 (c) 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; 
 
 (d) giving to any officer of the Crown, in respect of 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. 
 
 3. No tax shall be imposed by Ordinance except as in this 
 Act provided. 2 E. VII., c. 34, s. 3, 
 
 17. Every Ordinance made under the authority of the last 
 preceding section shall remain in force until the day immediately 
 succeeding the day of prorogation of the then next session of 
 Parliament, and no longer, unless during such session of Parlia- 
 ment such Ordinance is approved by resolution of both Houses of 
 Parliament. 2 E. VII., c. 34, s. 3. 
 
 Publication. 
 
 Ordinances 
 to be laid 
 before 
 ParUament. 
 
 18. Every Ordinance made by the Governor in Council 
 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. 
 
 2. All such Ordinances shall be laid before both Houses of 
 Parhament within the first fifteen days of the session next after 
 the date thereof. 2 E. VII., c. 34, s. 3. 
 
The Yukon Act. xxi 
 
 LAWS APPLICABLE TO TERRIIORY. 
 
 19. Subject to the provisions of this Act, the laws relating Existing laws 
 to civil and criminal matters and the Ordinances in force in the "^t'^^^d. 
 Northwest Territories on the thirteenth day of June, one thou- 
 sand eight hundred and ninety-eight, shall be and remain in 
 
 force in the Territory, in so far as the same are applicable there- 
 to, and in so far as the same have not been or are not hereafter 
 repealed, abolished or altered 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. 
 61 v., c. 6, s. 9. 
 
 20. Every Act of the Parliament of Canada, except in so far Application 
 as otherwise provided in any such Act, and except in so far as parffament. 
 the same is, by its terms, applicable only to one or more of the 
 provinces of Canada, or is, for any reason, inapplicable to the 
 Territory, shall, subject to the provisions of this Act, apply to 
 
 and be in force in the Territory. 61 V., c. 6, s. 9. 
 
 31. The Governor in Council may, by proclamation, from Acts may be 
 time to time, direct that any Act of the Parliament of Canada, ™fy ^y 
 or any part or parts thereof, or any one or more of the sections proclamation, 
 of any such Act not then in force in the Territory, shall be in 
 force in the Territory generally, or in any part or parts thereof 
 mentioned in such proclamation. 61 V., c. 6., s. 9. 
 
 WILLS. 
 
 22. Every person of the full age of twenty-one years may Who may 
 devise, bequeath or dispose of by will, executed in manner here- ™^ ®' 
 inafter 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 de- 
 volve upon his heir-at-law, or upon his executor or adminis- 
 trator. 61 v., c. 6, s. 9. 
 
 23. No will shall be' valid unless it is in writing and signed Execution. 
 at the foot or end thsreof, by the testator or by some other per- 
 son in his presence and by his direction; and such sigiiature 
 
 shall be made or acknowledged by the testator, in the presence 
 of two or more witnesses present at the same time, who shall 
 attest and subscribe the will in the presence, of the testator. 
 
 2. No form of attestation shall be necessary and no other Attestation. 
 publication than as aforesaid shall be required. 61 V., c. 6, s. 9. 
 
 24. If any person who attests the execution of a will is, incompetence 
 at the time of the execution thereof, or at any time afterwards, °^];'*°f|a°°* 
 incompetent to be admitted as a witness to prove the execution 
 thereof, such will shall not, on that account, be invalid. 61 V., 
 
 c. 6, s. 9. 
 
 25. No person shall, on account of his being an executor of Executor 
 a will, be incompetent to be admitted as a witness to prove the ^^^ess. 
 
xxu 
 
 The Yukon Act. 
 
 execution of such will, or as a witness to prove the validity or 
 invalidity thereof. 61 V., c. 6., s. 9. 
 
 Devise or 2|}, jf any person attests the execution of any will, to whom 
 
 attesting*" ^^ ^° whose wife or husband, any beneficial devise or legacy 
 witness void, affecting any real or personal property other than a charge for the 
 payment of a debt is thereby given, such devise or legacy shall, 
 so far only as concerns such person attesting the execution 
 of such will, or the wife or husband of such person, or any person 
 claiming under such person, wife or husband, be null and void, 
 and such person, so attesting shall be admitted to prove the 
 execution of such will, or the validity or invalidity of such will, 
 notwithstanding such devise or legacy. 61 V., c. 6. s. 9. 
 
 Revocation. gy. j^q will Or codicil, or any part thereof, shall be revoked 
 otherwise than by,^ — ■ 
 (o) marriage; or 
 
 (b) another will or codicil executed in manner hereinbefore 
 required; or 
 
 (c) some writing declaring an intention to revoke the same, 
 and executed in the manner in which a will is hereinbefore 
 required to be executed; or, 
 
 (d) the burning, tearing or otherwise destroying the same, 
 by the testator or by some person in his presence and by 
 his direction, with the intention of revoking the same. 
 61 v., c. 6, s. 9. 
 
 Construed as 28, Every will shall be construed with reference to the real 
 immediately ^'^4 Personal property affected by it, to speak and take effect 
 before death, as if it had been executed immediately before the death of the 
 
 testator, unless a contrary intention appears by the will. 61 V., 
 
 c. 6, s. 9. 
 
 Whole estate 
 in realty to 
 pass unless 
 contrary 
 intention 
 appears. 
 
 29. If any real property is devised to any person without 
 any words of limitation, such devise shall be construed to pass 
 the fee simple, or other the whole estate or interest which the 
 testator had power to dispose of by will, in such real property, 
 unless a contrary intention appears by the will. 61 V., c. 6, s. 9. 
 
 Married Women. 
 
 Earnings, 
 etc. 
 
 No order for 
 protection. 
 
 3®. All the wages and personal earnings of a married woman, 
 and any acquisitions therefrom, and all proceeds or profits 
 derived from any occupation or trade which she carries on 
 separately from her husband, or from any literary, artistic or 
 scientific skill, and all investments of such wages, earnings, 
 moneys or property, shall be free from the debts or dispositions 
 ot the husband and shall be held and enjoyed by such married 
 woman, and disposed of without her husband's consent, as fully 
 as it she were a feme-sole. 
 
 2. No order for protection shall be necessary in respect of 
 any such earnings or acquisitions. 
 
The Yukon Act. xxiii 
 
 3. The possession, whether actual or constructive, of the Possession 
 husband of any personal property of any married woman, shall Sable. ""^ ^ 
 not render the same liable for his debts. 61 V., c. 6., s. 9. 
 
 31 . A married woman may make deposits of money in her Deposits in 
 own name in any savings or other bank, and withdraw the same ^^°'^- 
 by her own cheque; and her receipt or acquittance shall be a 
 sufficient discharge to any such bank. 61 V., c. 6, s. 9, 
 
 33. Nothing hereinbefore contained in reference to moneys Deposits of 
 deposited or investments by any married woman, shall, as 1°^^^*^^?*^ 
 against any creditor of the husband, give validity to any creditors of 
 deposit or investment of moneys of the husband made in fraud tusband not 
 of such creditor; and any money so in fraud deposited or invested ^^ ' **^ ' 
 may be followed as if this Act had not been passed. 61 V., c. 6, 
 S.9. 
 
 33. A husband shall not, by reason of any marriage, be ^i*®'^ <^^^^- 
 liable for the debts of his wife, contracted before marriage, nor UaUe?" 
 for any debts of his wife in respect of any employment or busi- 
 ness in which she is engaged on her own behalf, or in respect of 
 
 any of her own contracts. 
 
 2. The wife shall be liable to be sued for any debts by her Wife liable 
 contracted before marriage, and any property belonging to her nuptfardebts. 
 for her separate use shall be liable to satisfy such debts as if 
 she had continued unmarried. 61 V., c. 6, s. 9. 
 
 34. A married woman may maintain an action in her own *^*y s"« '" 
 
 , ,, . •' . own name. 
 
 name for the recovery of any wages, earnings, money or pro- 
 perty, 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, earn- 
 ings, money and property, and of any chattels or other her 
 separate property, for her own use, as if such wages, earnings, 
 money, chattels and property belonged to her as an unmarried 
 woman. 61 V., c. 6, s. 9. 
 
 35. Any married woman may be sued or proceeded against ^p^ ^^giy^'' 
 separately from her husband in respect of any of her separate 
 
 debts, engagements, contracts or torts, as if she were unmarried. 
 61 v., c. 6, s. 9. 
 
 TERRITORIAL COURT. 
 
 36. There shall continue to be a superior court of record in Temtorml 
 and for the Territory, called the Territorial Court, consisting ^nued. 
 
 of one or more judges appointed by the Governor in Council by 
 letters patent under the Great Seal. 61 V., c. 6, s. 10. 
 
 37. Any person may be appointed a judge of the court who Quaiificationst 
 is or has been a judge of a superior or a county court of any pro- 
 vince of Canada or of the Northwest Territories, or a barrister 
 
XXIV 
 
 ■ The Yukon Act. 
 
 or advocate of at least ten years standing at the bar of any such 
 province or of the Northwest Territories or of the Yukon Terri- 
 tory. 61 v., c. 6, s. 10. 8-9 E. VII., c. 37, s. 1. 
 
 Sher office'^ 38. A judge of the Court shall not hold any Other office of 
 of emolument, emolument under the Government of Canada, or of any pro- 
 vince of Canada or of the Territory: Provided that a judge of 
 the Court shall be eligible for appointment as a member of the 
 Council of the Territory. 61 V., c. 6, s. 10. 
 
 Law as to • 
 riglits, etc., 
 of court and 
 judges. 
 
 3©. The law governing the rights, privileges, power, author- 
 ity and jurisdiction of the court and the judge or judges thereof, 
 shall be the same, mutatis mutandis, as the law governing the 
 rights, privileges, power, authority and jurisdiction of the 
 Supreme Court of the Northwest Territories and of the judges 
 of that court except as the same are expressly varied by this 
 Act. 62-63 v., c. 11, s. 6. 
 
 Residence of 40. Each judge of the Court shall reside at such place in 
 
 judges. tije Territory as the Governor in Council,, in the commission to 
 
 such judge, or by order in council, directs. 62-63 V., c. 11, s. 6. 
 
 Tenure of 
 office. 
 
 41. The judges of the Court shall hold office during good 
 behaviour, but shall be removable by the Governor General, 
 on address of the Senate and House of Commons of Canada. 
 62-63 v., c. 11, s. 6. 
 
 Oath of 
 office. 
 
 42. Every judge shall, previously to entering upon the 
 duties of his office as such judge, take an oath in the form fol- 
 lowing : — 
 
 'I, , do solemnly and sincerely promise and 
 
 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 Territorial Court. So help me God.' 
 
 2. Such oath shall be administered by the Commissioner or 
 by a judge of the Court. 62-63 V., c. 11, s. 6. 
 
 Officers of 
 the court. 
 
 Powers of 
 court. 
 
 43. The Governor in Council may appoint such officers of 
 the court and such other officers for the due administration of 
 justice in the Territory, as are deemed necessary, and may de- 
 fine and specify the duties of such officers, and fix the fees or 
 emoluments of such officers, and of 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. 61, V., c. 6, ss. 13 and 20. 
 
 44. The Court shall, within the Territory, and for the ad- 
 ministration of the laws for the time being in force within the 
 Territory, possess all such powers and authorities as by the law 
 of England are incident to a superior court of civil 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. 
 
The Yukon Act. 
 
 XXV 
 
 as the same were on the fifteenth day of July, one thousand 
 eight hundred and seventy, used, exercised and enjoyed in 
 England by any superior court of common law, or by the Court 
 of Chancery, or by the Court of Probate. 62-63 V., c. 11, s. 6. 
 
 45_. The Court shall have jurisdiction in all and all manner Jurisdiction. 
 of actions, causes and suits as well criminal as civil, real, person- 
 al, and mixed, and shall proceed 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 determine all issues of law, and shall also hear, and 
 with or without 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 
 am.ple a manner as might at the said date be done in England 
 in the Court of Queen's Bench, or the Court of Common Bench, 
 or the Court of Chancery, or the Court of Probate, or in matters 
 regarding the public revenue, including the condemnation of 
 contraband or smuggled goods, in the Court of Exchequer. 
 62-63 v., c. 11, s. 6. 
 
 46. The Court of Appeal of British Columbia is hereby New s. 46. 
 constituted a Court of Appeal for the Territory. Appeal*^ 
 
 2. An appeal shall lie from any final judgment of the Terri- jurisdiction 
 torial Court to the judges of the said Court of Appeal sitting 
 together as a full court where the matter in controversy amounts 
 
 to the sum or value of five hundred 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 re- 
 lates 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 affect- 
 ing future rights, or in cases of proceedings for or upon mandamus, 
 prohibition or injunction. 
 
 3. The said Court of Appeal and the judges thereof shall Powers. 
 have the same powers, jurisdiction and authority with reference 
 
 to any such appeal and the proceedings thereon as if it were an ap- 
 peal duly authorized from a like judgment, order or decree made 
 by the Supreme Court of British Columbia, or a judge thereof, in 
 the exercise of its ordinary jurisdiction. 
 
 4. Notice of any such appeal shall be given v/ithin twenty Notice of 
 days from the day upon which the judgment appealed from is Appeal. 
 pronounced or given, or within such further time as the Terri- 
 torial Court m9.y allow. 
 
 5. Execution of the judgment appealed from shall not be Execution, 
 stayed except upon application to the Territorial Court or to 
 
 the said Court of Appeal or a judge thereof, and upon such terms 
 as may be just. 
 
 6. Three judges of the said Court of Appeal shall constitute Quorum. 
 a quorum for the hearing of appeals from the Territorial Court. 
 
 7. The procedure upon such appeals shall be regulated by Procedure, 
 the ordinary practice and procedure upon similar appeals 
 coming before the said Court of Appeal, so far as such practice 
 
 and procedure are applicable and are not inconsistent with any- 
 
XXVI 
 
 The Yukon Act. 
 
 Rules. 
 
 Appeal to 
 Supreme 
 Court of 
 Canada. 
 
 Powers of 
 judge of 
 Territorial 
 Court. 
 
 thing in this Act, and except in so far as is otherwise provided 
 by general rules made in pursuance of this Act. 
 
 8. The judges of the said Court of Appeal, or any three of 
 them, may make general rules not inconsistent with this Act 
 for regulating the practice and procedure upon appeals from 
 the Territorial Court. 
 
 9. An appeal shall lie to the Supreme Court of Canada from 
 the judgment upon any appeal authorized by this Act of the 
 Court of Appeal of British Columbia, wherever such an appeal 
 to the Supreme Court of Canada would have been authorized 
 had the judgment appealed from been delivered by the Court of 
 Appeal of British Columbia in a like case in the exercise of its 
 ordinary jurisdiction upon appeal in respect of cases originating 
 in the courts of the said province. 2 George V., c. 56, s. 2. 
 
 46. (a) All references in the Yukon Act to the judges of the 
 Territorial Court shall be construed as referring to the judge 
 of the Territorial Court and, except as otherwise provided 
 in the case of appeals, the judge of the Territorial Court shall 
 have all the powers and authority now vested in any or all of the 
 said judges. 2 Geo. V., c. 56, s. 3. 
 
 Trial of 
 
 controverted 
 
 elections. 
 
 46. (6) When, under the provisions of the Dominion Con- 
 troverted Elections Act, two judges are required for the trial of 
 an election petition in the Yukon Territory, or for the hearing 
 of a special case under the said Act, such judges shall be the 
 judge of the Territorial Court and a judge of the Court of 
 Appeal of British Columbia or of the Supreme Court of British 
 Columbia, or two judges of the said courts of British Columbia, 
 or either of such courts, and every such judge shall, for the 
 purposes of the said Act, have all the powers of a judge of the 
 Territorial Court. 2 Geo. V., c. 56, s. 5. 
 
 Illness or 
 absence of 
 judge. 
 
 46. (c) In case of the illness of the judge of the Court, or if 
 the judge be absent, the Governor in Council may specially ap- 
 point any barrister or advocate of at least ten years standing to 
 discharge the duties of the judge during his illness or absence, and 
 the person so appointed shall, during the period aforesaid, have 
 all the powers incident to the office of the judge of the Court. 
 2 Geo. v., c. 56, s. 6. 
 
 Disqualifi- 
 cation of 
 judge. 
 
 Judge pro 
 hac vice. 
 
 46. (d) If the judge of the Court — 
 
 (a) is interested in any cause or matter, or is disqualified by 
 
 kinship to any party; or 
 
 (6) has been professionally engaged in any cause or matter 
 
 as counsel or solicitor for any party previously to his 
 
 appointment to the office of judge, and considers himself 
 
 thereby incapacitated from sitting or adjudicating therein, 
 
 the Governor in Council may, upon the written application of 
 
 the judge, setting out such impedimeijt, appoint any other 
 
 person having the qualifications hereinbefore mentioned to act 
 
 as judge pro hac vice in relation to any such cause or matter. 
 
 2 Geo. v., c. 56, s. 7. 
 
The Yukon Act. xxvii 
 
 46. (e) Every such temporary judge, or judge 'pro hac vice, Oath, 
 shall be sworn to the faithful performance of the duties of his 
 office. 2 Geo. V, c. 56, s. 8. 
 
 46. (/) Any judge temporarily appointed to discharge the May conclude 
 duties of the judge may, notwithstanding the expiry of the term proee'elings. 
 of his appointment, or the happening of any event upon which 
 his appointment terminates, proceed with and conclude the 
 trial or hearing at that time actually pending before him of any 
 cause, matter or proceeding, and pronounce judgment therein, 
 and may likewise pronounce judgment in any cause, niatter or 
 proceeding previously heard by him and then under considera- 
 tion or reserve; and any such trial, hearing or judgment shall 
 have the same validity and effect as if heard or pronounced 
 during the said term or previously to the happening of the 
 said event. 2 Geo. V., c. 56, s. 9. 
 
 46. (g) His Majesty may, by letters patent under the Great Annuity for 
 Seal, grant to each of two of the judges of the Territorial Cour^ of *'"° ""^«^^- 
 the Yukon Territory now holding office, an annuity equal to the 
 salary of the office now held by him, which annuity shall com- 
 mence immediately after his resignation and continue thenceforth 
 during his natural life : Provided that if, in the opinion of the Proviso as to 
 Governor in Council, it becomes necessary or expedient at any ^ duties'!?* 
 time during the continuation of such annuities that there should required. 
 be two or more judges in the said Territorial Court, or in any 
 superior court of record in and for the said Territory, or if any 
 judge of any such court should die, resign or otherwise vacate 
 his office as such judge, the Governor in Council may appoint 
 either or both of the judges receiving such annuity as aforesaid a 
 judge or judges of such court, and if any judge so appointed, not 
 being at the time incapacitated by illness or infirmity, does not 
 thereafter perform the duties appertaining to such judgeship, 
 such annuity shall forthwith cease and determine; but this pro- 
 vision shall not affect the authority of the Governor in Council to 
 appoint any other qualified person to be a judge of such court, 
 2 Geo. v., c. 56, s. 1. 
 
 (Sections 4:'7 and 4§ of the Yukon Act repealed. 2 Geo. V., 
 c. 66, s. 2.) 
 
 49. Sittings of the court presided over by a judge or judges Sittings of 
 shall be held at such times and places as the Governor in Council the court. 
 or the Commissioner appoints, and such sittings shall be pubhc. 
 2 E. VII., c. 34, s. 4. 
 
 5©. The Governor in Council may, at any time, by pro- Judicial 
 clamation divide the Territory into judicial districts, and give belormed"*^ 
 to each such district an appropriate name, and, in like manner, 
 from time to time, alter the limits and extent of such districts. 
 62-63 v., c. 11, s. 6. 
 
 51. Every judge of the court shall have jurisdiction through- Powers of 
 out the Territory, but shall usually exercise the same within the ^"-^^^ J"'^^^- 
 
XXVIU 
 
 The Yukon Act. 
 
 Certiorari. 
 
 Powers of a 
 judge. 
 
 Rules and 
 orders. 
 
 judicial district, if any, to which he is assigned by the Governor 
 in Council, and in all causes, matters and proceedings, other than 
 such as are usually cognizable by a court sitting en banc, and not 
 by a single judge thereof, shall have and exercise all the 
 powers, authorities and jurisdiction of the court. 62-63 V., c. 
 11, s. 6. 
 
 52. Subject to any statute prohibiting or restricting pro- 
 ceedings by way of certiorari, a single judge shall, in addition to 
 his other powers, have all the powers of the court as to proceed- 
 ings by'vvay of certiorari over the proceedings, orders, convic- 
 tions, and adjudications had, taken and made by justices of 
 the peace, and, in addition thereto, shall have the power of revis- 
 ing, amending, modifiying or otherwise dealing with the same; 
 and writs of certiorari may, upon the order of a judge, be 
 issued by the clerk of the court mentioned in such order return- 
 able as therein directed. 62-63 V., c. 11, s. 6 
 
 53. Whenever, under any Act in force in the Territory, 
 any power or authority is to be exercised, or anything is to be 
 done, by a judge of a court, such power or authority shall, in 
 the Territory, be exercised or such thing shall be done by a 
 judge of the Territorial Court, unless some other provision is 
 made in that behalf by such Act. 62-63 V., c. 11, s. 6. 
 
 54. Subject to the provisions of any Act or Ordinance re- 
 lating to the Territorial Court, the judges of the said court may 
 make general rules and orders prescribing and regulating the 
 procedure and practice of the court in civil matters. 2 E. VII., 
 c. 35, s. 7. 
 
 SPECIAL PROVISIONS AS TO JURISDICTION IN CIVIL MATTERS. 
 
 Jurisdiction 
 of judge. 
 
 Actions of 
 slander, etc. 
 
 Jury. 
 
 55. Every judge of the Court shall have jurisdiction, power 
 and authority to hold courts, whether established by Ordinance 
 or not, at such times and places as he thinks proper, and at 
 such courts, as sole judge, to hear all claims, disputes and de- 
 mands whatsoever, except as herein provided, which are brought 
 before him, and to determine any questions arising thereout, as 
 well of fact as of law, in a summary manner; and such courts shall 
 be open public courts. 
 
 2. On the application to set a cause down for trial, if the 
 action be for slander, libel, false imprisonment, malicious pro- 
 secution, seduction or breach of promise of marriage, or if the 
 case arises out of a tort, wrong or grievance in which the dam- 
 ages claimed exceed five hundred dollars, or if the action be for 
 debt or founded on contract wherein the amount claimed or the 
 damages sought to be recovered exceed one thousand dollars, or if 
 the action be for the recovery of real property, and if either party 
 signify his desire to have the issues of fact therein tried by a judge 
 with a jury, or the judge so direct, the same shall be tried by a 
 jury. 62-63 V., c. 11, s. 6. 
 
The Yukon Act. 
 
 XXIX 
 
 56. In cases of disputed accounts, the judge may, in place Disputed 
 of a trial by jury, direct the evidence to be taken by any clerk =''"'°""*^- 
 of the court, or by any other competent person; which clerk or 
 other person shall be sworn to take the same truly, and to reduce 
 it to writing. 62-63 V., c. 11, s. 6. 
 
 5T. The judge may give judgment on the verdict of the Judgment in 
 jury or upon the evidence taken by the clerk or other person ^""^ °''^''^- 
 as aforesaid, or may, irt the case of a verdict, order a new trial, 
 when justice seems to require it. 62-63 V., c. llj s. 6. 
 
 58. In all cases a judge may give such judgment and make Equity and 
 such orders and decrees, interlocutory and final, as appear just fci^nce°to 
 and agreeable to equity and good conscience. 62-63 V., c. 11 direct. 
 
 s. 6. 
 
 59. No court or judge in the Territory shall have jurisdic- Gambling 
 tion in respect of any action for a gambling debt, or of any ^''*^' 
 action by any person on any promissory note, bill of exchange, 
 cheque, draft or other document or writing whatsoever, the 
 -consideration or any part of the consideration for which was a 
 gambling debt. 62-63 V., c. 11, s. 6. 
 
 6©. Every judgment of the judge shall be pronounced in Judgment, 
 ■open court as soon as may be after the hearing of the case; ^"^s"'^™- 
 except that, in any case where the judge is not prepared 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. 62-63 V., c. 11, s. 6. 
 
 61. The proceedings to carry into effect any judgment. Execution of 
 order or decree of the court whether interlocutory or final, Jo^eni™*- 
 shall be as prescribed by Ordinance of the Commissioner in 
 Council; or, if no such ordinance is in force when the judgment, 
 
 order or decree is rendered, then in such manner as the judge 
 who pronounced the same directs. 62-63 V., c. 11, s. 6. 
 
 62. The Governor in Council may, from time to time, by Repealot 
 proclamation repeal the provisions of the seven sections next sections 
 preceding, or any of them, from and after a day to be named '"^""^ '"^^ 
 in such proclamation, 62-63 V., c. 11, s. 6. 
 
 ADMINISTRATION OF CRIMINAL LAW. 
 
 63. The procedure in criminal cases in the Territorial Procedure 
 Court shall, subject to any Act of the Parhament of Canada, J."^^''™'"'^' 
 conform. as nearly as may be to the procedure existing in like 
 cases in the Northwest Territories on the thirteenth day of 
 June, one thousand eight hundred and ninety-eight. 
 
 2. No grand jury shall be summoned or sit in the Territory. No grand 
 61 v., c. 6, s. 15. '"^- 
 
XXX 
 
 The Yukon Act. 
 
 Judge to ©4. Every judge of the Court shall have and may exercise 
 
 oflZem^^^ the powers of a justice of the peace, or of any two justices of 
 more justices, the peace, under any laws or ordinances in force in the Ter- 
 ritory. 61 v., c. 6, s. 15: 
 
 Summary 
 trial in 
 certain cases. 
 
 Theft, etc. 
 
 Wounding. 
 
 Indecent 
 assault. 
 
 Escape, etc. 
 
 Trial with 
 jury. 
 
 Summary 
 trial with 
 consent. 
 
 Jury of six. 
 
 Accused 
 summarily 
 tried for one 
 offence may 
 be-convicted 
 of another. 
 
 Punishment 
 in such 
 case. 
 
 65. Every such judge may in a summary way, and without 
 the intervention of a jury, hear, try and determine any charge 
 against any person of having committed in the Yukon Territory 
 the offence of, — ■ 
 
 (a) theft or attempt to steal, or obtainiag money or pro- 
 perty by false pretences, or unlawfully receiving stolen 
 property, in any case in which the value of the whole pro- 
 perty alleged to have been stolen, obtained or received, 
 does not, in the opinion of such judge, exceed two hundred 
 dollars; or, 
 (&) unlawfully wounding or inflicting any grievous bodily 
 harm upon any other person, either with or without a 
 weapon or instrument; or, 
 
 (c) indecent assault on any female, or on a male person 
 under the age of fourteen years, when such assault, if 
 upon a female, does not, in his opinion, amount to an 
 assault with intent to commit rape; or, 
 
 (d) escaping from lawful custody or committing prison 
 breach, or assaulting, resisting or wilfully obstructing any 
 judge or any public or peace officer engaged in the execu- 
 tion of his duty, or any person acting in aid of such officer. 
 61 v., c. 6, s. 15. 
 
 6©. When any person is charged with a criminal offence 
 not within the next preceding section, and which is not other- 
 wise by any law made summarily triable without the consent 
 of the accused, the charge shall he heard, tried, and determined 
 by the judge with the intervention of a jury: Provided that in 
 any case the accused may, with his own consent, be tried by a 
 judge in a summary way and without the intervention of a 
 jury. 61 v., c. 6, s. 15. 
 
 6T. In any case of trial with the intervention of a jury, the 
 jury shall be composed of six jurors. 61 V., c. 6, s. 15. 
 
 68. Whenever upon a trial before a judge in a summary 
 way such judge is not satisfied that the accused is guilty of the 
 offence with which he stands charged, but the circumstances 
 are such that, upon a trial before a jury under the Criminal 
 Code for the like offence, the accused might be found guilty 
 of some other offence, the judge shall have the same power as to 
 findings as a jury would have in the like circumstances under 
 the Criminal Code, and may convict the accused of such other 
 offence, notwithstanding that such offence is one for which under 
 the preceding sections, the accused could not, without his own 
 consent, have been tried in a summary way. 
 
 2. The person so convicted shall be liable to the punish- 
 ment by the Criminal Code or otherwise by law prescribed 
 for the offence of which he is so found guilty. 61 V., c. 6, s. 15. 
 
The Yukon Act. xxxi 
 
 69. The judge shall, upon every such trial, take or ca,use C9nduct of 
 to be taken down in writing full notes of the evidence and *"'*'■ 
 other proceedings thereat; and all persons tried as aforesaid 
 
 shall be admitted, aiter the close of the case for the prosecution, 
 to make full answer and defence by counsel, attorney or agent. 
 61 v., c. 6, s. 15. 
 
 70. When any person is convicted of a capital offence and Capital 
 is sentenced to death, the judge shall forward to the Minister °'^^"'"'^- 
 of Justice full notes of the evidence, with his report upon the 
 
 case; and the execution shall be postponed, from time to time, 
 by the judge, if found necessary, until such report is received 
 and the pleasure of the Governor General thereon is communicat- 
 ed to the Commissioner. 61 V., c. 6, s. 15. 
 
 71. Subject to the provisions of any Ordinance of the Com- Summoning 
 missioner in Council, persons required as jurors for a trial shall ° '"™"- 
 be summoned by a judge from among such male persons as he 
 
 thinks suitable in that behalf; and the jury required on such 
 trial shall be called from among the persons so summoned as 
 such jurors, and shall be sworn by the judge who presides at the 
 trial. 61 V., c. 6, s. 15; 3, E. VII., c. 73, s. 1. 
 
 72. Any person arraigned for treason or an offence punish- Peremptory 
 able with death, or an offence for which he may be sentenced acrased^'' ^^ 
 to imprisonment for more than five years, may challenge per- 
 emptorily and without cause any number of jurors not exceed- 
 ing six; and every peremptory challenge beyond that number 
 
 shall be void. 
 
 2. The Crown may peremptorily challenge any number of By the 
 jurors not exceeding tour. 
 
 3. Challenges for cause shall be the same as are provided for Challenges 
 in the Criminal Code. 61 V., c. 6, s. 15. 
 
 73. Subject to the provisions of any ordinance of the Com- Sunimoning 
 
 . . • /-i -1 -r I, J? 1. 11 j-i. • of additional 
 
 missioner m Council, it by reason ot challenges or otherwise, jurymen, 
 the number of jurors summoned for the trial is exhausted, the 
 judge shall direct some constable or other person to summon 
 by word of mouth from among the bystanders or from the 
 neighbourhood, such number of persons as are necessary to 
 make up a jury, who shall be subject to challenge as if sum- 
 moned by the judge in the first instance, and the like proceed- 
 ings shall be repeated if necessary, until a jury is obtained, 
 competent to try the case. 61 V., c. 6, s. 15; 3 E. VII., c. 73, s. 1. 
 
 74. Subject to the provisions of any ordinance of the Com- Penalty for 
 
 .' ,~, ., '■ J , non-attend- 
 
 missioner in Council, any person so summoned to serve as a a,noe. 
 juror who makes default or refuses to serve as such juror, with- 
 out lawful excuse to the satisfaction of the judge, may be fined 
 by him in a sum not exceeding ten dollars, and committed to 
 prison until such fine is paid. 61 V., c. 6, s. 15; 3 E. VII., c. 73, 
 s. 1. 
 
xxxu 
 
 The Yukon Act. 
 
 Attendance 
 of witnesses. 
 
 75. Any person duly summoned', whether on behalf of the 
 prisoner or against him, to attend and give evidence on any 
 such trial, shall be bound to attend on the day appointed for the 
 same, and shall remain in attendance throughout the whole 
 trial; and, if he fails so to attend, he shall be deemed guilty of 
 contempt of court and may be proceeded against therefor. 61 
 v., 0. 6, s. 15. 
 
 Bench 
 warrant. 
 
 76. Upon proof to the satisfaction of the judge of the sum- 
 moning of any witness who fails to attend, and upon such judge 
 being satisfied that the presence of such witness before him is 
 indispensable to the ends of justice, he may, by his warrant, 
 cause such witness to be apprehended and forthwith brought 
 before him to give evidence and to answer for his contempt; 
 and such witness may be detained on such warrant with a view 
 to secure his presence as a witness, or may be released on recog- 
 nizance, with or without sureties, conditioned for his appear- 
 ance to give evidence as therein mentioned, and to answer for 
 his contempt. 61 V., c. 6, s. 15. 
 
 Charge of 
 contempt. 
 
 77. The judge may, in a summary manner, examine and 
 dispose of the charge of contempt against such witness who, if 
 found guilty of contempt, may be fined or imprisoned, or both, 
 such fine not to exceed one hundred dollars, and such imprison- 
 ment to be with or without hard labour, and not to exceed the 
 term of ninety days. 61 V., c. 6, s. 15. 
 
 Returns of 
 trial . 
 
 78. Returns of all trials and proceedings, civil and criminal, 
 shall be made to the Commissioner in such form and at such times 
 as he directs. 61 V., c. 6, s. 9. 
 
 CouncU may ^^' '^^^ Governor in Council may at any time by proclama- 
 repeai 13 tion declare that the thirteen sections last preceding shall be 
 sections repealed from and after the date named in such proclamation. 
 
 61 v., c. 6, s. 9. 
 
 preceding. 
 
 BritSh"'°^'' 80. No person shall be summoned or sworn as a juryman 
 subjects. on any trial in the Territorial Court, unless he is a British subject. 
 61 v., c. 6, s. 17. 
 
 Charge in 
 writing 
 against 
 accused. 
 
 81. The trial of any person charged with a criminal offence 
 shall be commenced by a formal charge in writing setting forth 
 as in an indictment the offence wherewith he is charged. 61 V., 
 c. 6. s. 15. 
 
 Justices 
 
 holding 
 
 preliminary 
 
 investigation 
 
 to transmit 
 
 papers to 
 
 court. 
 
 8S. Every justice of the peace or other magistrate holding 
 a preliminary investigation into any criminal offence which 
 may not be tried under the provisions of Part XV of the Crim- 
 inal Code shall. Immediately after the conclusion of such inves- 
 tigation, transmit to the clerk of the court, or the clerk of the 
 court for the judicial district in which the charge was made, all 
 informations, examinations, depositions, recognizances, inquisi- 
 tions and papers connected with such charge, and such clerk 
 
The Yukon Act. xxxiii 
 
 shall notify the senior judge of the court or the judge for the 
 district of such investigation and the result thereof. 61 V., c. 6, - 
 s. 15. 
 
 83. Whenever any person charged is committed to jail for Notice by 
 trial, the sheriff or other person in charge of such jail shall, •u|"e'^of*° 
 within twenty-four hours, notify a judge of the court, in writ- Committal 
 ing, that such prisoner is so confined, stating his name and the f°f *"ai- 
 nature of the charge preferred against him; whereupon, with 
 
 as little delay as possible, one of the judges of the court shall - 
 cause the prisoner to be brought before him for trial, either 
 with or without a jury, as the case requires. 61 V., c. 6, s. 15. 
 
 84. The Governor in Council may, from time to time, direct Establish- 
 that any building, or any part thereof, or any inclosure, in any j™fi3*a°d 
 part of the Territory, shall be a jail or lock-up for the confine- lock-ups. 
 ment 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. 61 V., c. 6, s. 9. 
 
 85. The Governor in Council may, at any time, direct that Disestablish- 
 any building, or any part thereof, or any inclosure shall cease ™''"'' 
 
 to be a jail or lock-up, and thereupon such building or part 
 thereof, or such inclosure, shall cease to be a jail or lock-up. 
 61 v., c. 6, s. 9. 
 
 8©. The Governor in Council may, from time to time. Terms and 
 prescribe the terms and conditions upon which persons convicted eonfinement* 
 or accused of any offence under any ordinance in force in the of offenders 
 Territory, or any municipal by-law or regulation, or sentenced ""^F 
 to confinement under any such ordinance, by-law or regulation, etc. 
 or arrested under any civil process, shall be received and kept 
 in any jail or lock-up created under the authority of the two 
 next preceding sections; and he may, from time to time, specify 
 what jails and lock-ups shall be available for the confinement 
 of such persons. 61 V., c. 6, s. 9. 
 
 8T. Every lock-up, guard-room, guard-house or place of Police guard- 
 confinement provided by or for or under the direction of the to'be peni-" 
 _ Royal Northwest Mounted Police Force, or the regular military tentiaries, 
 " force, or a municipal body, or by the Commissioner or Com- p^ace^"of 
 missioner in Council of the Territory, shall be a penitentiary, confineinent. 
 jail, and place of confinement for. all persans sentenced to im- 
 prisonment in the Territory, and the Commissioner shall direct 
 in which such penitentiary, jail or place of confinement any 
 person sentenced to imprisonment shall be imprisoned. 61 V., 
 c. 6, s. 18. 
 
 88. The Governor in Council may make rules and regula- Their 
 tions respecting the management, discipline and policy of every management 
 
 70263— C discipline. 
 
XXXIV 
 
 The Yukon Act. 
 
 penitentiary, jail or place of confinement used as such in the 
 Territory. 61 V., c. 6, s. 18. 
 
 Appointment . 
 
 Tenure of 
 office. 
 
 Salaries. 
 
 Living 
 allowances. 
 
 POLICE MAGISTRATES AND THEIR SPECIAL JURISDICTION. 
 
 89. The Governor in Council may appoint police magis- 
 trates for Dawson and Whitehorse in the Territory, who shall 
 reside at those places, respectively, and shall ordinarily exercise 
 their functions there, but who shall have jurisdiction respec- 
 tively in such portions of the Territory as are defined in their 
 commissions. 1 E. VII, c. 41, s. 1. 
 
 9©. Such police magistrates shall hold office during pleasure 
 and shall be debarred from practising professionally while hold- 
 ing office. 1 E. VII., c. 41, s. 2. 
 
 91. The annual salary of each of such police magistrates 
 shall be four thousand dollars, and such salaries may be paid 
 out of any unappropriated moneys forming part of the Con- 
 solidated Revenue Fund of Canada. 
 
 2. Such magistrates may be paid in addition to the said 
 salaries such living allowances as may be fixed by the Governor 
 in Council. 1 E. VII., c. 41, s. 3; 2 E. VII., c. 36, s. 1. 
 
 Qualiiication. 92. No person shall be appointed a police magistrate here- 
 under unless he has been admitted and has practised as an 
 advocate, barrister or solicitor in one of the provinces of Canada 
 for a period of not less than three years. 1 E. VII., c. 41, s. 4. 
 
 Ez Officio 
 justices. 
 
 93. Each of the police magistrates so appointed shall 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 act- 
 ing together. 1 E. VII., c. 41, s. 5. 
 
 And 
 
 magistrates 
 for summary 
 trials. 
 
 94. Each such police magistrate shall also, within such 
 limits, be a magistrate for the purpose of Part XVI of the 
 Criminal Code, and shall have and exercise all the jurisdiction 
 of such a magistrate, including that vested in police magistrates 
 of cities and incorporated towns by the said Part; and his 
 jurisdiction under the said Part shall be absolute without the 
 consent of the person charged, except in cases where such juris- 
 diction is dependent upon the provision of the said Part with 
 respect to police magistrates of cities and incorporated towns, 
 or where the accused is charged with theft or with obtaining 
 property by false pretences, or with unlawfully receiving stolen 
 property, and the value of the property stolen, obtained or 
 received exceeds ten dollars, in which cases, unless the accused 
 consents to be tried by the police magistrate, or unless he is a 
 person in respect of whom the magistrate has absolute juris- 
 diction under the said Part, he shall be dealt with as in ordi- 
 nary cases of indictable offences. 1 E. VII., c. 41, s. 5. 
 
The Yukon Act. xxxv 
 
 95. The Governor in Council may, subject to the limitations Civil 
 hereinafter mentioned, if he thinks proper, vest any police J^'siiictioii. 
 magistrate so appointed with civil jurisdiction, — 
 
 (a) in cases of claims and demands of debt, or account, or 
 breach of contract or covenant, or money demand, 
 whether payable in money or otherwise, where the amount 
 does not exceed five hundred dollars; 
 
 (6) in other personal actions where the amount claimed does 
 not exceed three hundred dollars, or, if the parties consent 
 ill writing, does not exceed five hundred dollars; 
 
 (c) in all cases of claims for the recovery of a debt or money 
 demand where the amount or balance of the claim does not 
 exceed one thousand dollars exclusive of interest as here- 
 inafter mentioned, and such amount or balance is ascer- 
 tained by the signature of the defendant or of the person 
 whom as executor or administrator the defendant repre- 
 sents, notwithstanding that the claim with the interest 
 accrued or accumulated since such ascertainment exceeds 
 the sum of one thousand dollars. 1 E. VII., c. 41, s. 6. 
 
 96. Such police magistrates, if given civil jurisdiction, shall Replevin up 
 also have jurisdiction in cases of replevin where the value of *° *^'"'- 
 the goods or other property or effects distrained, taken or detain- 
 ed, does not exceed three hundred dollars. 1 E. VII., c. 41, s. 7. 
 
 97. Such police magistrates shall not have jurisdiction, in Jurisdiction 
 respect of actions,— excluded in 
 
 / \ c IT 1 1 _L certain cases, 
 
 (a) for gambnng debts; 
 
 (6) for spirituous or malt liquors drunk in a hotel, tavern, 
 
 or house of public entertainment; 
 
 (c) on notes of hand given wholly or partly in consideration 
 of a gambling debt or for such liquors; 
 
 (d) for the recovery of land or in which the right or title to 
 any corporeal or incorporeal hereditament, or to any toll, 
 custom xir franchise, comes in question; 
 
 (e) in which the validity of any devise, bequest or limitation 
 under a will or settlement is disputed; 
 
 (/) for malicious prosecution, libel, slander, criminal con- 
 versation, seduction, or breach of promise of marriage; 
 
 {g) against a justice of the peace for anything done bj'^ him 
 in the execution of his office, if he objects to such jurisdic- 
 tion. 1 E. VII., c. 41, s. 8. 
 
 98. Each of the judges of the Territorial Court shall have. Judges to 
 and may exercise in any part of the Territory, the criminal ^^^^i^jj] 
 jurisdiction vested by this Act in police magistrates, and, in the jurisdiction 
 exercise of such jurisdiction, shall have all the powers of aofpo'ic" 
 police magistrate. 2 E. VII., c. 35, s. 1. magistrates. 
 
 99. The Governor in Council may, from time to time, assign ^^'^ ^^\ 
 to one of the judges of the said court the duty of ordinarily 
 exercising such jurisdiction. 2 E. VII., c. 35, s. 2. 
 
XXXVl 
 
 The Yukon Act. 
 
 Appeal to 
 
 Territorial 
 
 Court. 
 
 Hearing and 
 decision. 
 
 lOO. 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 one hundred 
 dollars. 
 
 2. The appeal in such case shall be heard upon the evidence 
 taken before the police magistrate, and the judgment of the 
 Territorial Court shall be final. 1 E. VII., c. 41, s. 9. 
 
 and'^prartlce. lOl. The Commissioner in Council shall have full power, 
 from time to time, to make ordinances, — 
 
 (a) prescribing and regulating the procedure and practice 
 to be observed in connection with the exercise of the civil 
 jurisdiction of police magistrates under this Act; or, 
 (6) empowering the judges of the Territorial Court to make 
 general rules and orders prescribing and regulating such 
 procedure and practice. 1 E. VII., c. 41, s. 10. 
 
 APPEAL ON CRIMINAL CASES. 
 
 Temtoriai" l^^- For the purpose of Part XIX of the Criminal Code 
 Court. the court of appeal from the verdict or judgment of the Terri- 
 
 torial Court or a judge thereof shall be the Supreme Court of 
 Canada. 1 E. VII., c. 41, s. 11. 
 
 Courtof 103. For the purpose of Part XIX of The Criminal Code, 
 
 Part XIX oT t^6 court of appeal from the judgment of a police magistrate in 
 Criminal a casc where his jurisdiction is dependent upon the provision 
 Code. Qf ^jjg gg^j^j Part with respect to police magistrates of cities and 
 
 incorporated towns shall be the Territorial Court, and there 
 shall be an appeal from the Territorial Court to the Court of Ap- 
 peal of British Columbia. 2 Geo. V., c. 56, s. 4. 
 
 104. In the Territory the appeal from a summary con\'ic- 
 tion or order under Part XV of the Criminal Code shall be to 
 a judge of the Territorial Court sitting without a jury at the 
 place where the cause of the information or complaint arose, or 
 the nearest place thereto where a court is appointed to be held. 
 1 E. VII., c. 41, s. 11. 
 
 Appeal from 
 
 summary 
 
 convictions. 
 
 JUSTICES OF THE PEACE. 
 
 Justice with 
 authority of 
 two justices. 
 
 105. While in the Territory, the Commissioner, each member 
 of the Council, every judge of the court, and every commis- 
 sioned officer of the Royal Northwest Nounted 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 Territory, and 
 the Governor in Council may, by commission, appoint such other 
 persons justices of the peace or police commissioners, having 
 each the power of two justices of the peace within the Territory, 
 as may be deemed desirable. 61 V., c. 6, s. 16. 
 
The Yukon Act. xxxvii 
 
 CORONERS. 
 
 106. All persons possessing the powers of two justices of Coroners, 
 the peace in the Territory shall also be coroners in and for the *° 
 Territory, 61 V., c. 6, s. 19. 
 
 107. Except as hereinafter provided, no inquest shall be Inquests, 
 held upon the body of any deceased person by any coroner, be heid"'^ *° 
 unless it has been made to appear to such coroner that therd 
 
 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 in- 
 vestigation, and not through mere accident or mischance. 61 V., 
 c. 6, s. 9. 
 
 lOS. Upon the death of any prisoner, the jailer or officer Death of 
 in charge of the jail wherein such prisoner dies shall imme- p^^o^^''- 
 diately give notice to the nearest resident coroner, and such 
 coroner shall proceed forthwith to hold an inquest upon the 
 body. 61 v., c. 6, s. 9. 
 
 109. It shall not be necessary in any case that a coroner's Coroner's 
 jury shall exceed six persons, but in every case of an inquest six 
 jurors must agree in order to render the verdict valid. 61 V., 
 c. 6, s. 9. 
 
 110. Coroners shall have the same power to summon wit- Po^er to 
 nesses and to punish them for disobeying a summons to appear witnesses, 
 or for refusing to be sworn or to give evidence as are possessed e*«- 
 
 by justices of the peace. 61 V., c. 6, s. 9. 
 
 111. The fees of coroners, jurors and witnesses attending ^«^s of 
 inquests may be fixed, from time to time, by the Governor in *'°™" 
 Council, and paid in such manner as he directs. 61 V., c. 6, s. 20. 
 
 ENFORCEMENT OF TERRITORIAL ORDINANCES. 
 
 112. Unless otherwis3 therein specially provided, proceed- ^f'g°g''s^'^t"* 
 ings for the imposition of punishment by fine, penalty or im- 
 prisonment for enforcing any ordinance in force in the Terri- 
 tory may be brought summarily before a justice of the peace 
 
 under the provisions of Part XV of the Criminal Code. 61 V., 
 c. 6, s. 9. 
 
 PROHIBITION OF INTOXICANTS. 
 
 113. No intoxicating liquor or intoxicants shall be manu- Manufacture, 
 factured, compounded, or made in the Territory; and no intoxi- °^n™ro-'^*''" 
 eating liquor or intoxicants shall be imported or brought into hibited. 
 the Territory from any province or territory in Canada or else- 
 where, except by permission of the Governor in Council. 62-63 
 
 v., c. 11, s. 3. 
 
xxxvm 
 
 Such 
 
 importation 
 subject to 
 customs and 
 excise law. 
 
 Yukon Ad. 
 
 114. All intoxicating liquors or intoxicants imported or 
 brought from any place out oi Canada, into the Territory, 
 shall be subject to the Customs and excise laws of Canada. 
 62-63 v., c. 11, s. 4. 
 
 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 River, by the northern boundary of the province of 
 British Columbia in approximate longitude 124° 16' west of 
 Greenwich; thence northwesterly along the line of the water-shed 
 separating the streams flowing into the Liard River below the 
 point of beginning or into the Mackenzie River, from those flowing 
 into the Liard River 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 Terri- 
 tory 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. 1 E. VII., c. 41, sch. 
 
Miners Liens. xxxix 
 
 An Ordinance Respecting Liens in Favour of Miners. 
 At the Government House at Ottawa. ' 
 
 Saturday, the 26th day of May, 1906. 
 Pbesent: 
 His Excellency the Governor General in Council. 
 
 The Governor General by and with the advice and consent 
 • of His Majesty's Privy Council for Canada, enacts as follows: — 
 
 1. This Ordinance may be cited as The Miners Lien Or din- Short title. 
 ance. 
 
 2. In this Ordinance: 
 
 (a) The expression "owner" extends to and includes a person interpretation 
 having any estate or interest in the mine upon or in respect to "owner." 
 which the work or wood in respect of which a lien is claimed is 
 done or furnished, and all persons claiming under him whose 
 rights are acquired after such work is begun or such wood is 
 commenced to be furnished; 
 
 (6) The expression "layman" means any person other than "Layman." 
 the owner who is working said mining claim or a part thereof 
 for an interest or share of the minerals or ore produced there- 
 from; 
 
 (c) The words "registering" or "registration" means the "Register- 
 filing or depositing of an instrument with the Gold Commissioner ^"^■ 
 
 or Mining Recorder. 
 
 (d) The word "miner" means any person working upon a "Miner." 
 mining claim or in connection therewith. 
 
 (e) The words "Court" or ".Judge" mean the Territorial "Court ot 
 Court of the Yukon Territory or a judge thereof. Judge. 
 
 lien for work or wood. 
 
 3. Any person who performs any work or service upon or in who shall 
 respect to, or furnishes any wood to be used in the working ^^^'^ ''^"■ 
 of any placer or quartz mining claim, shall by virtue thereof 
 
 have a lien for the price of such work or services or wood upon 
 the said mining claim with the appurtenances thereto, the 
 minerals or ore produced therefrom, the lands occupied thereby, 
 or enjoyed therewith, or upon or in respect to which such work 
 or service is performed or for, or upon which such wood is 
 furnished as well as upon the machinery and chattels upon such 
 lands, limited, however, in amount to the sum justly due to the 
 person entitled to the lien. 
 
x] 
 
 Effect or 
 lien. 
 
 To what 
 property 
 lien attaches. 
 
 Lien, as to 
 half interest, 
 takes 
 
 priority over 
 mortgage, 
 etc. 
 
 Miners Liens. 
 
 4. Such lien upon registration as in tliis Ordinance provided 
 shall attach and take effect upon the date of the registration as 
 against subsequent purchasers, mortgagees or other encumbran- 
 cees whose mortgages or encumbrances are registered subsequent 
 to the performance of such work or the furnishing of such wood. 
 
 5. The lien shall attach upon the estate or interest of the 
 owner and all persons having any interest in the mine and the 
 minerals or ores produced therefrom, and upon the appurten- 
 ances thereto, the lands occupied thereby or enjoyed therewith 
 and the machinery and chattels upon such lands. 
 
 6. Any lien registered under the provisions of this Ordinance 
 shall, as to an undivided one-half interest in said mining claim, 
 the appurtenances thereto, the lands occupied thereby or en- 
 joyed therewith and the machinery and chattels upon such 
 lands and as to one-half of the output from said mining claim, 
 take priority over all mortgages and encumbrances against 
 the same : Provided that a lien registered under this Ordinance 
 shall not have priority over mortgages or encumbrances regis- 
 tered prior to the passing thereof. 
 
 BEGISTBATION OF LIEN. 
 
 Claim 
 deposited 
 with Mining 
 Recorder and 
 Gold Com- 
 missioner. 
 
 What to 
 state. 
 
 Verified by 
 affidavit. 
 
 7. A claim of lien may be deposited in the office of the Mining 
 Recorder for the district in which the mine is situated and the 
 office of the Gold Commissioner, 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 was done or wood furnished, and the 
 time or period within which the same was or was to' be done 
 or furnished; 
 
 (6) The work done or wood furnished; 
 
 (c) The sum claimed as due or to become due; 
 
 {d) The description of the property to be charged; and, 
 
 (e) The date of the expiring of the period of credit agreed to 
 by the claimant for payment for his work or wood. 
 
 2. Such claims shall be verified by the affidavit of the claim- 
 ant or his agent having a personal knowledge of the facts sworn 
 to. 
 
 Claims may 
 be joined. 
 
 8. A claim may include the claims of any number of claim- 
 ants aforesaid who may choose to unite therein; each claimant 
 shall verify his claim by his affidavit but need not repeat the 
 facts set out in the claim. 
 
 Claims may 9« The claim may be registered at any time within thirty days 
 be registerwi after the last day's labour for which the wages are payablej or 
 days!"^" oi^ which wood was furnished, or within thirty days after the 
 time fixed for payment, or if the labour is performed or wood 
 furnished between the first day of November in any year and the 
 thirtieth day of April in the following year, at any time within 
 thirty days after the said thirtieth day of April. 
 
Miners Liens. ' xli 
 
 10. The Mining Recorder, or his agent, in whose office the Mining 
 claim is deposited, shall forthwith forward to the Gold Com- forward" o° 
 missioner a copy of such claim certified by him to be a true to'^GoM ""''^ 
 copy, and the Gold Commissioner shall enter a memoran- Commr. 
 dum thereof against the mining claim described therein. 
 
 11. Every lien in respect of which a claim has not been Lien ceases 
 duly deposited under the provisions of this Ordinance shall expiration of 
 absolutely cease to exist on the expiration of the time herein- time for 
 before limited for the registration thereof. registration 
 
 where claim 
 not deposited. 
 
 peoceedin'gs to realize lien. 
 
 12. Every lien in respect of which a claim has been duly Lien ceases 
 deposited under the provisions of this Ordinance shall absolutely f/*^ reg?-^^^ 
 cease to exist upon the expiration of sixty days from the regis- stration 
 tration of such lien unless in the meantime proceedings are in- ^^^'^It'd'"^ 
 stituted to realize the claim under the provisions of this Ordi- ^^°^^ ^ 
 nance 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 Gold Commissioner. 
 
 13. Liens may be enforced by originating summons in which Liens 
 shall be set forth the grounds upon which such lien is claimed. oHg[nafin/ 
 Such summons shall be granted upon affidavit of the facts set summons. ' 
 forth therein, 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. 
 
 14. Upon such summons being granted the Court or judge Court may 
 may, after notice given to the various parties interested, in- determiniT 
 eluding the workmen on the mining claim, which notice shall be liability. 
 given in such manner as the Court or judge directs, summarily 
 determine and fix the liability of the owner or layman for wages 
 
 due to the claimant and other workmen who have filed claims and 
 also his liability to any other person in respect of wood furnished. 
 
 15. Any number of lien-holders may join in one summons Lien-holders- 
 
 ' " " may jo:' 
 
 action. 
 
 and any action brought by a lien-holder shall be taken to be ^^V J"'" "^ 
 
 brought on behalf of all the lien-holders 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 pro- 
 per office of the Court from which the summons issued a statement 
 of their respective claims intituled in or referring to the said 
 action. 
 
 2. In the event of the death of the plaintiff or his refusal or in event of 
 neglect to proceed, any other lien-holder who has registered his death, etc., 
 claim or filed his statement in the manner and within the time proseouta^^ 
 above limited for that purpose, may be allowed to prosecute and claim, 
 continue the action on such terms as are considered just and 
 reasonable by the Court or judge; 
 
 70263— D 
 
xlii 
 
 Miners Liens. 
 
 Estate may 
 be sold when 
 claim not 
 aatisfied. 
 
 Machinery, 
 etc., may be 
 sold. 
 
 Costs may 
 be added. 
 
 Security 
 may be 
 given. 
 
 Registration 
 
 may be 
 
 annulled. 
 
 Court to 
 
 determine 
 
 whole 
 
 matter. 
 
 3. If the minerals or ore produced from said mining claim are 
 not sufficient 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 reason- 
 able notice thereof; 
 
 4. Xhe Court or judge may also direct the sale of any wood, 
 machinery and chattels charged with the lien; 
 
 5. When judgment is given in favour of the lien-holder the 
 Court or judge may add to the judgment the costs of and inci- 
 dental to registering the lien as well as the costs of the action; 
 
 6. 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 registration of the lien; 
 
 7. The Court or judge may annul the said registration upon 
 any other ground; 
 
 8. In any case the Court or judge may proceed to hear and 
 determine the matter of the lienand-make such order as is just, 
 and in case the person claiming the lien has wrongfully refused 
 to give a discharge thereof, or has no just cause for his claim 
 or claims a larger sum than is found by the Court or judge to be 
 due, the Court or judge may order and adjudge him to pay the 
 costs of the other party. 
 
 DEVOLUTION AND ASSIGNMENT. 
 
 "^i™ Passes 16. In the event of the death of a lien-holder his right of lien 
 holder. ° shall pass to Ms personal representatives. 
 
 Lien may 
 be assigned. 
 
 IT. The right of a iien-holder may be assigned by instrument 
 in writing. 
 
 DISCHARGE OP LIEN. 
 
 Discharge 
 .of lien. 
 
 18. A lien may be discharged by a receipt signed by the 
 claimant or his agent and verified by affidavit and filed in the 
 offices mentioned in section 7 of this Ordinance; such receipt 
 shall be numbered and entered like other instruments. 
 
 FEES. 
 
 Registration 19. The fee for registering any instrument under this Ordi- 
 '®®- nance shall be $2. 
 
 ENCUMBERED MINES. 
 
 Mortgagee, 
 '«tc., to be 
 
 notified by 
 •owner or 
 -layman. 
 
 20. Every owner or layman, or if any owner or layman is an 
 incorporated company, or is absent from the territory, the man- 
 ager or agent of such owner or layman, who hires, or contracts 
 with, any person to perform any work or service upon or in re- 
 spect to or to furnish any wood to be used in the working of any 
 mining claim, against which any mortgage or encumbrance was 
 
Miners Liens. xliii 
 
 registered prior to the passing of this Ordinance, shall, immedia- 
 tely upon such hiring or contract, give notice in writing to every 
 person holding any such mortgage or encumbrance of the fact 
 of such hiring or contract. Such notice may be in form A in the 
 schedule to this Ordinance. 
 
 31. Any person failing to give such notice who fails to pay any Penalty for 
 such person hired by him, or by whom wood has been furnished ^^^[fp *° 
 as in the next preceding section mentioned the full amount due "° ^ ^' 
 such person, shall be liable to a penalty of not exceeding two 
 hundred and fifty dollars, and, in default of payment of such 
 penalty and the amount so due, to imprisonment for a term not 
 exceeding three months unless he sooner pays such penalty and 
 amount. 
 
 22. After a lien has been registered by any person so hired, or After lien 
 who has furnished wood, as aforesaid for money due him in noToid to be 
 respect of such hiring, or for such wood, against any placer removed. ' 
 mining claim, it shall not be lawful for the owner or layman to 
 remove any gold from such mining claim if a lien-holder who has 
 registered his lien gives to such owner or laymen a written notice 
 
 in form B in the schedule to this Ordinance. After such notice 
 is given any person interested in such mining claim either on 
 account of wages or for wood, or as owner, layman, mortgagee 
 or encumbrancer, may notify the mining inspector residing 
 nearest to such mining claim that a lien has been registered 
 against such mining claim and that a lien-holder has forbidden 
 the removal of any gold therefrom, and upon receipt of such 
 notice the mining inspector shall forthwith by himself or his 
 agent take possession of every dump and sluice box upon and 
 all gold dust produced from, such mining claim, and make pro- 
 vision for obtaining the gold therefrom at the expense of the own- 
 er or layman, and in the event of there being a prior mortgage or jj.^. 
 encumbrance against said mining claim shall pay or apportion inspector to 
 pro rata not exceeding one-half of such gold and gold dust to and take charge 
 among all persons to whom amounts are due for wages or for pay'^j'rato! 
 wood furnished in connection with said mining claim and the 
 balance to the owner of the mine or ths mortgage or encumbrance. 
 If there is no prior encumbrance on said mining claim the full 
 amount of such gold and gold dust and so much thereof as may 
 be required for the purpose shall be applied and so apportioned 
 in payment of the amounts due to such persons for wages or for 
 wood and any balance shall be paid to the owner of the mine. 
 
 2. If there is any dispute as to the amount due for wages or in case of 
 wood, the said mining inspector shall deposit with the clerk of to^be ^' 
 the Territorial Court the gold dust produced from the mining deposited in 
 claim to abide the decision of a judge upon any action to enforce Court, 
 the lien. 
 
 23. At every clean-up on any placer mining claim the men Claimants to 
 hired, or who have furnished wood, shall be entitled to have a represented at 
 representative present, as well as at the weighing of the gold clean up. 
 dust obtained thereby, and it shall be the duty of the owner or 
 
Penalty for 
 violation of. 
 
 '^^iv Miners' Liens. 
 
 layman to give to such representative, if required, a statement in 
 writing of the quantity of gold obtained from time to time from 
 such mining claim. 
 
 34. Any owner or layman who violates any of the provisions 
 of the next two preceding sections and fails to pay to any such 
 person so hired, or who has furnished wood, the amount due to 
 such person in respect of such hiring or for such wood, shall be 
 liable to a penalty not exceeding two hundred and fifty dollars and 
 in default of payment of such penalty and the amounts due by 
 him for wages or for wood to imprisonment for a term not 
 exceeding three months, unless he sooner pay such penalty and 
 the amount due and unpaid in respect to such wages or for wood. 
 
 Ordinance to 25. This Ordinance shall come into force on the first day of 
 
 for^eonJuly Ju^Y' 1906. 
 1st, 1906. 
 
 Schedule — Form A. 
 
 Schedule 
 "A." 
 
 To Take notice that 
 
 I have hired the following men to work mining claim No. 
 (here give the ordinary description of the claim so as to clearly 
 identify it and a list of the men hired) and that I propose to 
 work such claim subject to the provisions of "The Miners Lien 
 Ordinance" and to pay such men in accordance therewith and 
 any other man who may be hired to work the same, whose name 
 will be furnished by me when he is hired. 
 
 Take further notice that, unless you give notice in writing ob- 
 jecting to such hiring, the wages of such men will be given 
 priority to your mortgage or encumbrance as to such one-half 
 of the gold received. 
 
 Form B. 
 
 Schedule To Take notice 
 
 "^•" that (name of workman who has filed lien) 
 
 has filed a lien against mining claim No. (here 
 
 give the ordinary description of the claim so as to clearly identify 
 it) and that I, ths undersigned, being a lien-holder on said claim, 
 forbid the removal from such mining claim of any gold or gold 
 dust imtil the amount due for wages or for wood on said claim, 
 is paid. 
 
 RODOLPHE BOUDREAU, 
 
 Assistant Clerk of the Privy Council. 
 
THE 
 
 CONSOLIDATED ORDINANCES 
 
 YUKON TERRITORY 
 
 1914 
 
 Be it enacted by the Commissioner of the Yukon Territory, by and with 
 the advice and consent of the Council of said Territory, as follows: — 
 
THE 
 
 CONSOLIDATED ORDINANCES 
 
 OF THE 
 
 YUKON TERRITORY. 
 
 CHAP. I. 
 
 An Ordinance respecting the Form and Interpretation 
 of Ordinances. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as " The Interpretation Short title. 
 Ordinance." C.O.Y.T. c. 1, s. 1. 
 
 THE CONSOLIDATED ORDINANCES CITATION. 
 
 3. This Ordinance and following series of Ordinances shall What 
 constitute and may be cited for all purposes as " The Con- consolidated 
 solidated Ordinances of the Yukon Territory, 1914, " and any Ordinances 
 chapter of the said consolidated Ordinances may be cited °'*'»t'°"- 
 and referred to for all purposes whatever either by its title 
 as an Ordinance or by its short title or by using the expression 
 "The Ordinance (or The Consolidated Ordinance) respecting 
 
 " (adding the remainder of the title given at the 
 
 beginning of the particular chapter) or by using the expression 
 "The Consolidated Ordinances" or "The Consolidated Ordinances 
 of the Yukon Territory" together with a reference to the number 
 of the particular chapter in the copies printed by authority. 
 C.O.Y.T. c. 1, s. 2. 
 
 APPLICATION. 
 
 3. This Ordinance and every provision thereof shall Application of 
 extend and apply to every Ordinance of the Territory, now or o^rJinance 
 hereafter passed except in so far as the provision is inconsistent 
 with the intent and object of such Ordinance or the interpreta- 
 tion which such provision would give to any word, expression 
 
 70263—1^ 3 or 
 
Chap. 1. 
 
 Interpretation. 
 
 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 omission in any Ordinance of a 
 declaration that The Interpretation Ordinance applies thereto 
 shall not be construed to prevent it so applying although such 
 express declaration is inserted in some other Ordinance or 
 Ordinances of the same session. C.O.Y.T. c. 1, s. 3. 
 
 FORM OF ENACTING. 
 
 4. The following words may be inserted in the preambles 
 of Ordinances and shall indicate the authority by virtue of 
 which 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." C.O.Y.T- c. 1, s. 4. 
 
 o "^eraUve* "art ®* -^^*^^ *^^ insertion of the words aforesaid, which shall 
 ofordinaifcpa. foUow the Setting forth (if any) of the considerations or reasons 
 upon which the law is grounded and which shall with these 
 considerations or reasons constitute the- entire preamble, the 
 various clauses of the Ordinance shall follow in a concise and 
 enunciative form. C.O.Y.T. c. 1, s. 5. 
 
 TIME OF COMMENCEMENT OF ORDINANCES. 
 
 Form of 
 enacting 
 clftuse. 
 
 Indorsement 
 of assent. 
 
 6. The Territorial Secretary shall indorse on every 
 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 Governor General; and in the latter case such Secretary 
 shall also indorse thereon the day, month and year when the 
 Commissioner has signified (either by speech or message to the 
 Council or by proclamation) that the same was laid before the 
 Governor General and that the Governor General was pleased 
 to assent to the same; 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 provided. C.O.Y.T. c. 1, s. 6. 
 
 AMENDMENT OR REPEAL. 
 
 Amendment 
 of law in 
 same session. 
 
 7. Any Ordinance of the Territory may be amended, altered 
 or repealed by any Ordinance passed in the same session. 
 C.O.Y.T. c. 1, s. 7. 
 
 Interpreta- 
 tion. 
 
 Law always 
 speaking. 
 
 - INTERPRETATION. 
 
 8. In every Ordinance unless the context otherwise requires — 
 1. The law shall be considered as always speaking; and 
 whenever any matter or thing is expressed in the present tense 
 the same shall be applied to the circumstances as they arise so 
 that effect may be given to each Ordinance and every part 
 thereof according to its spirit, true intent and meaning. 
 
Interpretation. Chap. 1. 5 
 
 2. The expression "shall" shall be construed as imperative, "Shall." 
 and the expression "may" as permissive; "May." 
 
 3. Whenever the expression "herein" is used in any section "Herein." 
 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 
 Crown," means His Majesty, his Heirs and Successors, Sove- ^°"^®"'^'8"- 
 reigns of the United Kingdom of Great Britain and Ireland 
 
 and of the British Dominions beyond the seas; 
 
 5. The expression "Commissioner" means the Commissioner "Commis- 
 for the time being or other chief executive officer or adminis- ^ioner." 
 trator for the time being carrying on the government 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 council"" 
 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 expressions "Government," "Government of the "Govem- 
 Territory" or "Yukon Government" used in any Ordinance'"^"' 
 whenever enacted mean His Majesty the King acting for the 
 Territory; 
 
 8. The expression "the United Kingdom" means the United '^V°**p^ „ 
 Kingdom of Great Britain and Ireland; '"^ °™' 
 
 9. The expression "the United States" means the United ''P?'*«^ 
 States of America; 
 
 10. The expression "Territory" means the Yukon Territory "Territory." 
 as defined by The Yukon Act. 
 
 11. The name commonly applied to any country, place, Name of 
 body, corporation, society, officer, functionary, person, party offioerf e^c*'^'*' 
 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 "Proclar 
 under the seal of the Territory; _ mation." 
 
 13. When the Commissioner is authorized to do any act by Acts by 
 proclamation such proclamation is to be understood to be a proclamation, 
 proclamation issued under an Order of the Commissioner, 
 
 but it shall not be necessary to mention in the proclamation 
 that it is issued under such Order; 
 
 14. Words importing the singular number or the masculine Number and 
 gender only, include more persons, parties or things of the sender, 
 same kind than one and females as well as males arid the converse; 
 
 15. The expression "person" includes any body corporate "Person." 
 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 "v/riting," "written" or any term of "Writing." 
 like import includes words printed, painted, engraved, litho- 
 graphed or otherwise traced or copied; 
 
 17. The expression "now" or "next" shall be construed ||Now.'_'_ 
 as having reference to the time when the Ordinance was assented "Next." 
 to: 
 
Chap. 1. 
 
 Interpretation. 
 
 'Month.' 
 'Year." 
 
 'Holiday. 
 
 "'Gazette.'' 
 
 Time expirinj 
 on holiday. 
 
 Standard 
 time. 
 
 'Felony. 
 
 "Oath.' 
 
 "Sworn." 
 
 Officers to 
 take oath.s. 
 
 "Sureties" 
 "Security" 
 
 "Magistrate 
 
 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 our 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 proclamation 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 for the planting of forest and other trees, any 
 other day appointed by proclamation for a general fast or 
 thanksgiving and the 17th day of August to be known as 
 Discovery Day. 
 
 20. The term "gazette" or "official gazette" means The 
 Yukon Official Gazette; 
 
 • 21. If the time limited by any Ordinance for any proceeding 
 or the doing of anything under its provisions expires or falls 
 upon a holiday, the time so limited shall be extended to and 
 such thing may be done on the day next following 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 Ordinance here- 
 tofore or hereafter passed refers to any particular 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 "misdemeanour" means 
 any crime or offence which before the passing of the said Code 
 would have been a misdemeanour 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 declaration 
 may be made instead of an oath; and in like cases the expression 
 "sworn" includes the expression "affirmed" or "declared"; 
 
 25. Whenever (by any Ordinance or by any Order, regulation 
 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 administered 
 may be given by any one named in any such Ordinance, Order, 
 regulation or commission, or by a judge of any court, a notary 
 public, a justice of the peace or a commissioner for taking 
 affidavits having authority or jurisdiction 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; 
 
Interpretation. Chiip. 1. 7 
 
 28. The expression "justice" means a justice of the peace "Justice.'; 
 ■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 Official 
 
 or a justice of the peace or other public functionary or officer, jurisdiction, 
 it shall be done by or before one whose jurisdiction or powers 
 extend to the place where such thing is to be done; 
 
 30. Whenever power is given to any person, officer or function- implied 
 ary to do or to enforce the doing of any act or thing, all such p°^«"- 
 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 impri- imprison- 
 soned 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 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 imder 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 f^^'^Jij;* ^ 
 appropriated for any purpose or directed to be paid by the ^^^^^ 
 Commissioner or the Government, then (if no other provision 
 
 is made respecting it) such sum shall be payable under warrant 
 of the Commissioner directed to the Treasurer of the Territory 
 out of the general revenue fund of the Territory; and all persons 
 «ntrusted 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 officer Appointment, 
 or functionary or any deputy include the power of removing of officials. ' 
 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 and'deputles 
 functionary to do any act or thing or otherwise applying to him of officials, 
 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 imder ^^"^gj 
 the authority of an Ordinance (whether by commission or during 
 otherwise) shall remain in office during pleasure only unless pleasure, 
 otherwise. provided by law; 
 
 36. When any act or thing is required to be. done by more ^^?JJ,jjy ^^^y 
 than two persons a majority of them may do it; act. 
 
 37. Words making any association or number of persons Effect of ia- 
 ■a, corporation or body politic and corporate shall vest in such corporation, 
 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 
 
Chap. 1. 
 
 Interpretation. 
 
 Forms. 
 
 Repeal of 
 by-laW8, cte. 
 
 Private 
 Ordinances. 
 
 Power of 
 
 repeal 
 
 reserved. 
 
 Effect of 
 
 repeal 
 
 limited. 
 
 Repeal no 
 declaration i 
 to law 
 previously. 
 
 Repeal. 
 
 Continuation 
 of previous 
 ofRcers, etc. 
 
 Repeal. , 
 
 By-laws, etc. 
 continued. 
 
 Repeal. 
 
 personal property or movables for the purposes for which 
 the corporation is constituted and to alienate the same at plea- 
 sure; and shall also vest in any majority of the members of the 
 corporation the power to bind the otliers by their acts; and 
 shall exempt the individual members of the corporation from 
 personal liability for its debts or obligations or acts, provided 
 they do not violate the provisions of the Ordinance incorporating 
 them; 
 
 38. Whenever forms are prescribed slight deviations there- 
 from not affecting the substance or calculated to mislead 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; 
 
 40. No provision or enactment in any Ordinance which 
 is of the nature of a private Ordinance shall afifect the rights 
 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 
 to the Council the power of repealing or amending it and of 
 revoking, restricting or modifying any power, privilege or 
 advantage thereby vested in or granted to any person or party 
 whenever such repeal, amendment, revocation, 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 
 shall not revive any Ordinance or provision of law repealed 
 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 
 ' be deemed to be or to involve any declaration whatsoever as to 
 
 the previous state of the law; 
 
 44. Whenever any Ordinance is repealed (wholy or in part) 
 and other provisions are substituted and whenever any regula- 
 tion is revoked and other provisions substituted all officers, 
 
 ■ persons, bodies politic or corporate acting under the old law or 
 regulation shall contiaue to act as if appointed imder the new 
 law or regulation until others are appointed in their stead; and 
 all proceedings taken xmder 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 recovered 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, pur- 
 suing 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 part) 
 and other provisions are substituted all by-laws, 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, enactment or provision until 
 they are annulled or others made in their stead; 
 
 46. Whenever any Ordinance or part of an Ordinance is 
 repealed and other provisions are substituted by way of amend- 
 
Interpretation. Chap. 1. & 
 
 ment, revision or consolidation, any reference in any unrepealed Reference to 
 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 enactment: 
 
 Provided always that where there is no provision in the 
 substituted Ordinance or enactment relating to the same sub- 
 ject-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; 
 
 47. The repeal of an Ordinance or the revocation of a regula- Repeal. 
 tion at amy time shall not affect any act done or any right rights"^ 
 or right of action existing, accruing, accrued or established reserved. 
 or any proceedings commenced in a civil cause before the time 
 when such repeal or revocation takes effect; but the proceed- 
 ings in such case shall be conformable when necessary to the 
 repealing Ordinance or regulation; 
 
 48. Unless otherwise therein specially provided, proceed- Enforcement 
 ings for the imposition of punishment by fine, penalty or im- ° "^ inancee. 
 prisonment for enforcing any Territorial Ordinance or municipal 
 
 by-law may be brought summarily before a justice of the peace 
 under the provisions of part XV of The Criminal Code; and 
 the words "on summary conviction" whenever they occur in 
 any Ordinance shall refer to and mean under and by virtue 
 of part XV aforesaid; 
 
 49. Whenever any conviction made Under the Ordinances Proviaions 
 of the Yukon Territory adjudges a pecuniary penalty or com- comdcSs. 
 pensation to be paid, or an order requires the payment of a 
 
 sum of money whether the Ordinance authorizing such convic- 
 tion or order does or does not provide the mode of raising 
 or levying the penalty, compensation or sum of money, or 
 of enforcing the payment thereof, the justice by his conviction 
 or order, after adjudging payment of such penalty, compensation 
 or sum of money with or without costs, may order and adjudge 
 mutatis mutandis as if the conviction were under Sections 739, 
 740 and 741 of The Criminal Code; 
 
 50. Any duty, penalty, fine or sum of money or the proceeds Application of 
 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; 
 
 51. Where a pecuniary penalty or a forfeiture is imposed ^^°{l^^/i°^ 
 for the contravention of any Ordinance then (if the provisions Snprovfde'd 
 of part XV of The Criminal Code are not applicable to the cases. 
 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 recover- 
 able 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 
 
10 
 
 Chap. 1. 
 
 Interpretation. 
 
 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 Government of the Territory and 
 the other half shall belong to the private plaintiff if there is 
 any, and if there is none the whole shall belong to the Crown; 
 Penafties and ^2. No offence Committed and no penalty or forfeiture 
 forfeitures not incurred and no proceeding pendifig under any Ordinance 
 affected. at any time repealed or under any regulation at any time re- 
 voked 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 pro- 
 visions shall be extended and applied to any judgment to be 
 pronoimced after such repeal or revocation; 
 
 53. Every Ordinance shall (unless by express provision it is 
 declared to be a private Ordinance) be deemed to be a public 
 Ordinance and shall be judicially noticed by all judges, justices 
 of the peace and others; 
 
 54. Every copy of any Ordinance (public or private) printed 
 by authority of law shall be evidence of such 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; 
 
 55. A copy of any regulation or Order of the Commissioner 
 printed by The Yukon Official Gazette or a written copy thereof 
 attested by the signature of the Territorial Secretary shall 
 be evidence of such regulation or Order; 
 
 56. The preamble of every Ordinance shall be deemed a 
 part thereof intended to assist in explaining the purport and 
 object of the Ordinance; and every Ordinance and every pro- 
 vision 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 suck fair, large and 
 liberal construction and interpretation as will best insure the 
 attainment of the object of the Ordinance and of such provision 
 or enactment according to its true intent, meaning and spirit; 
 
 57. Where reference is made in any Ordinance by number 
 to two or more sections, subsections, clauses or paragraphs 
 of any Ordinance or Statute, the number first mentioned and 
 the number last mentioned shall both be deemed to be included 
 in the reference. 
 
 58. Reference by number to any section, subsection, para- 
 graph, clause or line of any other Ordinance shall be deemed 
 to be a reference to such section, subsection, paragraph, clause 
 or line of such other Ordinance as printed by authority of law: 
 
 59. Where an Ordinance is not to come into operation im- 
 mediately on the passing thereof and confers power to hold 
 
 preiimTnary any election, to make any appointment, to make, grant or 
 
 to coming iggue 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 purposes 
 
 Ordinances 
 public. 
 
 Judicial 
 notice. 
 
 Printed copies 
 of Ordinances. 
 
 Evidence of 
 Orders in 
 Council. 
 
 Construction 
 of Ordinances 
 
 Reference to 
 sections. 
 
 Reference 
 by number 
 
 Proceedings 
 
 under 
 
 Ordinance 
 
 into force. 
 
Inter pviiatiou. Cliap. 1. 11 
 
 of the Ordinance, that power may (unless the contrary intuntion 
 appears) be exercised at any time after the passing of the Ordi- 
 nance 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; 
 
 60. Nothing in this section shall exclude the application General rules 
 to any Ordinance of any rule of construction applicable thereto tLn""^*™" 
 and not inconsistent with this section. C.O.Y.T. c. 1, s. 8; 
 No. 2 of 1904; No. 2 of 1912. 
 
 CUSTODY OF ORDINANCES. 
 
 d. All Ordinances heretofore passed, now passed and here- Ordinances to 
 after to be passed shall be and continue to remain of record ^® °' record. 
 in the custody of the Territorial Secretary. C.O.Y.T. c. 1, 
 s. 9. 
 
 CERTIFIED COPIES OF ORDINANCES. 
 
 lO. The Territorial Secretary shall affix the seal of the Authenti- 
 
 - -- - - - - cation "' 
 
 copies. 
 
 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 evidence (as 
 if printed by lawful authority) of such Ordinances and of their 
 contents. C.O:Y.T., c. 1, s. 10. 
 
 11. The Territorial Secretary shall furnish a certified copy ^^^'j'g^®'^ 
 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. C.O.Y.T. c. 1, s. 11. 
 
 12. The Territorial Secretary shall insert at the foot of Certificate, 
 every such copy so required to be certified a written certifi- 
 cate duly signed and authenticated by him to the effect that 
 
 it is a true copy; and, in case of any Ordinance disallowed r>isaiiowa"ce. 
 after it came into force, " but disallowed by the Governor 
 General in Council, which disallowance took effect on the 
 day of A.D. 19 ." C.O.Y.T. 
 
 c. 1, s. 12. 
 
 CONSTRUCTION OF THIS ORDINANCE. 
 
 13. The provisions of this Ordinance shall apply to the ^^JfJ^^'hereof. 
 construction thereof and to the words and expressions used 
 
 therein. C.O.Y.T. c. 1., s. 13. 
 
12 Chap. 2. Alimony. 
 
 CHAP. 2. 
 An Ordinance respecting Alimony. 
 
 Jurisdiction of 1. The Territorial Court of the Yukon Territory shall have 
 CourHn aii-*^ JP^^*^^^**°^ *° 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 husband lives 
 separate from her without any sufficient cause and under cir- 
 cumstances 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. C.O.Y.T. c. 27, s. 1. 
 
Trespassing and Straying of Animals. Chap. 3. 13 
 
 CHAP. 3. 
 
 An Ordinance respecting Trespassing and Straying 
 
 of Animals. 
 
 1. In this Ordinance — Interpretation 
 
 1. The word " animal " means any horse, mule, jack, goat, "Animal." 
 neat cattle, swine or geese; 
 
 2. The word " trespasser " means any animal which breaks "Trespasser." 
 into any ground inclosed by a lawful fence; 
 
 3. The word " estray " means any horse, mule, jack or one "Estray." 
 of the neat cattle species, or any swine or geese running at large; 
 
 4. A legal fence, for the purpose of this Ordinance, shall be Legal fenor . 
 held to be 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. C.O.Y.T., c. 71, s. 1. 
 
 2. The Commissioner may, by order published in the Yukon Commis- 
 Official Gazette, constitute any part of the Yukon into a pound maT"^ 
 district, and appoint therefor one or more pound-keepers, constitute 
 
 COYTp71<59 pound 
 
 Vv.U.I.i. C. /I, S. Z. districts and 
 
 appoint 
 
 3. The owner or occupier of any land surrounded by a lawful keepers 
 fence, or his agent, may capture any trespasser upon such land, owner or 
 and drive and deliver the same to the nearest pound-keeper of occupier of 
 the district in which the trespass was committed, and the said surrounded bj' 
 pound-keeper shall impound such trespasser and shall be re- lawful fen 
 sponsible for the feed and safe-keeping thereof, so long as he is ™^y "^p 
 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 other incidental expenses connected with such Pound-keei«i 
 trespasser, before delivering up the same to the owner; and it ^*y collect 
 shall be the duty of the captor to leave with the pound-keeper a ''™^^®^' 
 statement in writing of his claim for damages done by such 
 trespasser, and his reasonable charges incurred in driving the 
 same to and delivering the same to the pound-keeper. C.O.Y.T. 
 c, 71, s. 3. 
 
 4. Any resident in the Yukon Territory may capture any Any person 
 estray found within any pound district, and drive and deliver ^tray*^to^^' 
 the same to the pound-keeper of such district, and the said pound-keeper, 
 estray shall be dealt with in every way -as a trespasser under 
 
 this Ordinance. C.O.Y.T. c. 71, s. 4. 
 
 5. In every case where damage is done to the inclosed lands Animal _ 
 of any person by any of the animals hereinbefore mentioned encfosed land 
 breaking the fences inclosing the same, such animal shall be trespasser. 
 considered and treated as a trespasser within the meaning of 
 
 this Ordinance, if that part of the fence broken by such animal 
 
14 
 
 Chap. 3. Trespassing and Straying of Animals. 
 
 Person in 
 charge liable 
 sanio as owner 
 
 is legal; although other parts of the inclosing fence are not 
 legal; and any animal hereinbefore 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. C.O.Y.T. c. 71, s. 5. 
 
 6. The owner or occupant of any land, or the person in 
 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 inclosing the premises is not a legal 
 one. C.O.Y.T. c. 71, s. 6. 
 
 Person Y. The pcrson capturing any animal shall, at the time of 
 
 animaf with delivering the same to the pound-keeper, deposit poundage fees, 
 pound-keeper if such are demanded, and with the statement of his demand,, 
 to deposit 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 {describ- 
 ing 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 estab- 
 lished." C.O.Y.T. c. 71, s. 7. 
 
 poundage 
 
 fees 
 
 Owner 
 entitled to 
 animal on 
 giving 
 security. 
 
 8. The owner of any animal impounded shall at any time 
 be entitled to his animal on demand made therefor without 
 payment of any poundage fees, on giving satisfactory security 
 to the pound-keeper for all costs, damages and poundage fees 
 that are established against him. C.O.Y.T. c. 71, s. 8. 
 
 9. On the pound-keeper impounding an animal it shall be 
 his duty: 
 
 Notify owner. 1. If the owner is known, to immediately notify him of 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 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 such animal by public auctiour 
 2. If the owner is not known, to cause to be posted forthwith 
 in three of the most public places in the pound district, a notice 
 giving as near as possible all the marks, natural and artificial, 
 colour, and probable age of such animal; and after the expira- 
 tion 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 
 (6) Six days. 
 If the animal is of the last mentioned kinds under two 
 years old, or of any other kind of any age. 
 
 Duty of 
 pound-keeper 
 
 Advertise. 
 
 Sell. 
 
 If owner not 
 known post 
 notices. 
 
Trespassing and Straying of Animals. Chap. 3. 15 
 
 If no owner is found the pound-keeper shall advertise if owner not 
 and sell the animal in the same manner as herein f°"°d 
 provided when the owner is known. C.O.Y.T. c. 71, andYeir 
 s. 9. 
 
 10. The pound-keeper shall apply the proceeds of any such Howproceeda 
 sale as follows: f «f>j*° ^« 
 
 1. To the payment of his own proper charges; 
 
 2. To the payment of the captor's reasonable charges and 
 damages; 
 
 3. The balance to the owner of the animal sold, if known, 
 and if not known, after the same has remained in his hands for 
 three months unclaimed, to the Commissioner, to become, if 
 still unclaimed for one year thereafter, a part of the general 
 revenue fund. C.O.Y.T. c. 71, s. 10. 
 
 11. The pound-keeper shall neither directly nor indirectly Pound-keeper 
 become the purchaser at any sale conducted under his direction. "°li° ^t 
 
 C.O.Y.T. C. 71, S. 11. at sale 
 
 13. The persons mentioned in this Ordinance shall be en- Expenses 
 titled to receive the following amounts: ^"^ *®®^- 
 
 1. The owner or occupant of the land injured by-a trespasser, 
 or the captor of an estray, for driving and delivering the same 
 to the pound-keeper, his reasonable expenses; 
 
 2. The pound-keeper — 
 
 For every horse, mule or jack, or head of cattle or swine, 
 four dollars; for every sheep or goat, each one dollar 
 and sixty cents, for each day the same shall be impounded, 
 for their support; 
 
 For notifying the owner of the animal impounded, fifty 
 cents; 
 
 For posting notices, if the owner is not known, one dollar; 
 and the actual cost of newspaper advertisements when 
 incurred; 
 
 For posting notices of sale, one dollar; 
 
 And for each mile necessarily travelled in the performance 
 of his duties, ten cents; 
 
 And 5 per cent commission upon the amount realized on 
 the sale, for selling animal and applying proceeds ac- 
 cording to the provisions of this Ordinance. C.O.Y.T. 
 0. 71, s. 12. 
 
 13. The owner of any animal captured or impovmded under Owner may 
 the provisions of this Ordinance shall be entitled to recover the anima/on 
 same from any person in whose possession such animal may be, tender of 
 upon tender of all damages committed and the charges incurred expenses 
 
 up to the time of the tender. C.O.Y.T. c. 71, s. 13. ^""^ ""''^^^ 
 
 14. A pound-keeper guilty of any neglect of duty imposed ^^^^^^1^°^ 
 upon him by this Ordinance shall be liable to a penalty not duty. 
 exceeding one hundred dollars, upon the complaint of the party 
 
 who suffered by such neglect. C.O.Y.T. c. 71, s. 14. 
 
16 Chap. 3. Trespassing and Straying of Animals. 
 
 Penalty for 15, If any person shall rescue any trespasser or estray from 
 «stray!^ the person lawfully taking the same to the pound, he shall be 
 
 liable to a penalty not exceeding one hundred dollars; and if 
 any person shall make a breach of any pound, or shall unduly 
 set at large any animal impounded, he shall be liable to a penalty 
 not exceediug one hundred dollars. C.O.Y.T, c. 71, s. 15. 
 
 J. P. to 16. In case of dispute between any of the parties mentioned 
 
 complaints in ^^ ^^^^ Ordinance, or of any complaint being made that any 
 summaiy penalty has been incurred, the same may be brought before a 
 manner. justice of the peace and disposed of by him in a summary manner. 
 C. O. Y. T., c. 71, s. 16. 
 
 Not to affect XT'. Nothing herein contained shall be construed to impair 
 treepaBs"' ^^^ action Under any Statute, Ordinance or the Common Law, 
 
 for damages occasioned by trespassers within the meaning of 
 
 this Ordinance. C.O.Y.T. c. 71, s. 17. 
 
 Pound-keeper 18. Every pound-keeper shall forward to the Commissioner, 
 rep^ort'to On the thirty-first day of December of each year, a return in 
 Commis- such form as he directs, showing all cattle impounded during 
 sioner. ^j^g year, and the amount of damages and other charges paid, 
 
 and all sales made by him, and the surplus, if any, on each sale 
 and how such surplus was disposed of. C.O.Y.T. c. 71, s. 18. 
 
 Does not 19. This Ordinance shall not apply within any municipality. 
 
 apply to C O Y T p 71 s 19 
 
 municipality. ^■^■^■^- C- /l, t>. ly. 
 
 Animals 20. No animal is to be turned loose to pasture between the 
 
 turned iMse, 39^}^ ^f Qctober and the 30th of March unless it is in good con- 
 
 ^odcondl- dition and unless feed and water are obtainable where the 
 
 tion, etc. animal is turned loose. C.O.Y.T. c. 71, s. 20. 
 
 Animals 21. Any One finding an estray in a weak or poor condition 
 
 ^"^""k or poor during the winter shall notify the nearest police detachment, 
 condition. 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. C.O.Y.T. 
 c. 71, s. 21. 
 
 When no 22. If no purchaser can be found for an animal at the pound- 
 
 purchaser^ keeper's sale, the pound-keeper may kill it and sell it for dog 
 be* killed. feed unless it can be disposed of by private sale. C.O.Y.T. 
 c. 71, s. 22. 
 
 Damaging 23. An estray found damaging caches may be impounded, 
 
 caches. C.O.Y.T. c. 71, s. 23. 
 
 Penalty for 24, Any One found guilty of turning an animal out to graze 
 
 tuminr*^'^ during the period mentioned above in section 1 of this Ordinance 
 
 animals out. 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 
 
Trespassing and Straying of A7iimals. Chap. 3. 17 
 
 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 and costs, and in default of 
 payment, be sentenced to thirty days' imprisonment, with or 
 without hard labour. C.O.Y.T. c. 71, s. 24. 
 
 70263—2 
 
18 
 
 Chap. 4r. 
 
 Arbitration. 
 
 CHAP. 4- 
 
 An Ordinance respecting Arbitration. 
 
 SHORT TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as The Arhitration Ordi- 
 nance. C.O.Y.T. c. 32, s. 1. 
 
 Interpretation 
 
 '•Sub- 
 miss-ion." 
 
 "Court." 
 ' 'Judge. ' 
 
 ' ' Rules of 
 Court." 
 
 INTEEPKETATION . 
 
 3. In this Ordinance unless the contrary intention appears: 
 
 1. "Submission" means a written agrement to submit present 
 or future difference to arbitration whether an arbitrator is 
 named therein or not; 
 
 2. "Court" means the Territorial Court of the Yukon Terri- 
 toryj 
 
 3. "Judge" means a judge of the Territorial Court of the 
 Yukon Territory; 
 
 4. "Rules of Court" means the rules of the Territorial Court 
 of the Yukon Territory. C.O.Y.T. c. 32, s. 2. 
 
 HEFERENCES BY CONSENT OUT OF COURT. 
 
 Effect of 
 .submission. 
 
 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. C.O.Y.T. c. 32, s. 3. 
 
 Submission 
 includes 
 
 4. A submission unless a contrary intention is expressed 
 provisions m therein shall be deemed to include the provisions set forth in 
 schedule. the schedulc to this Ordinance so far as they are applicable 
 to the reference under submission. C.O.Y.T. c. 32, s. 4. 
 
 stay of_ 
 proceedings. 
 
 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 proceedings may 
 at any time after appearance and before delivering any plead- 
 ings or taking any other steps in the proceedings apply to that 
 court to stay the proceedings and 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 
 that the applicant was at thi; 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. C.O.Y.T. c. 32, s. 5. 
 
Arbitration. Chap. 4. 19 
 
 0. In any of the following cases: Appointment 
 (a) Where a submission provides that a reference shall S! eertaS*'"' 
 
 be to a single arbitrator and all the parties do not concur cases, 
 in the appointment of an arbitrator; 
 (6) If an arbitrator refuses to act or is incapable 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 submission 
 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 arbitrator, 
 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. CO. 
 Y.T. c. 32, s. 6. 
 
 T. Where a submission provides that the reference shall oF^^umtms 
 be to two arbitrators one to be appointed by each party then where two 
 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 aforesaid 
 for seven clear days after the other party having appointed 
 his arbitrator has served the party making default 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: 
 
 Provided that the court or a judge rhay set aside any appoint- 
 ment made in pursuance of this section. 
 
 8. The arbitrators or umpire acting under a submission Powers of 
 shall unless the submission expresses a contrary intention have arbitrators, 
 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 
 
 3. To correct in an award any clerical mistake or error arising 
 from any accidental slip or omission. CO. Y.T. c. 32, s. 8. 
 
20 
 
 Chap. 4. 
 
 Arbitration. 
 
 otZhneisL ®* ^^^ ^^^ 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 subpoena 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. C.O.Y.T. c. 32, s. 9. 
 
 of°ttmeToT* lO. The time for making an award may from time to time 
 award. be enlarged by order of the Court or a judge whether the time 
 
 for making an award has expired or not. C.O.Y.T. c. 32, s. 10. 
 
 Reconsidera- 
 tion by 
 arbitrator. 
 
 Misconduct 
 of arbitrator. 
 
 Setting aside 
 award . 
 
 Enforcement 
 of award. 
 
 11. In all cases of reference to arbitration the Court or a 
 judge may from time time remit the matters referred or any 
 of them to the reconsideration of the 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. C.O.Y.T. c. 32, s. 11. 
 
 IS. Where an arbitrator or umpire has misconducted him- 
 self 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 procured 
 the Court may set the award aside. C.O.Y.T. c. 32, s. 12. 
 
 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 effect. C.O.Y.T. c. 32, s. 13. 
 
 GENERAL. 
 
 ot'w^^esa" ^^' "^^^ Court or a judge may order that a writ of sub- 
 poena ad testificandum or of subpoena duces tecum shall issue 
 to compel the attendance before an official or special referee 
 or before any arbitrator or umpire of a witness wherever he 
 may be within the territory. 
 
 or'arbitriton (2) The Court or a judge may also order that a writ of habeas 
 ' corpus ad testificandum shall issue to bring up a prisoner for 
 examination, before an official or special referee or before any 
 arbitrator or umpire. C.O.Y.T. c. 32, s. 14. 
 
 Special case 
 for opinion 
 of court. 
 
 15. Any referee, arbitrator or umpire may, at any stage 
 of the proceedings under a reference, and shall if so directed 
 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. C.O.Y.T. c. 32, s. 15. 
 
 16. Any order made under this Ordinance may be made 
 on such terms as to costs or otherwise as the authority making 
 the order thinks just. C.O.Y.T. c. 32, s. 16. 
 
Arbitration. Chap. 4. 21 
 
 It. Whenever it is directed by amy Ordinance that any directions for 
 party or parties shall proceed to the appointment of arbitra- b^deemed*'* 
 tors or appoint arbitrators as provided by this Ordinance or submission. 
 that any party or parties shall 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. C.O.Y.T. c. 32, s. 17. 
 
 SCHEDULE. 
 
 . (a) If no other mode of reference is provided the reference Single 
 shall be to a single arbitrator. arbitrator. 
 
 (6) 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 within Time and 
 six weeks after entering on the reference or after having been manner of 
 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 "^ t^lf^^'l 
 to any party to the submission or to the umpire a notice in "''"^" "^^ ' 
 writing stating that they cannot agree the umpire may forth- 
 with enier on the reference in lieu of the arbitrators. 
 
 (e) The umpire shall make his award within one month Time for 
 after the original or extended time appointed for making the awarT ^ 
 award of the arbitrators has expired or oq or before any later 
 
 day to which the umpire by any writing signed by him may 
 from time to time enlarge the time for making his award. 
 
 (/) The parties to the reference and all persons claiming Examination 
 through them respectively shall subject to any legal objec- ° p^''*'®^- 
 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 Production 
 umpire all books, deeds, papers, accounts, writings and docu- of papers. 
 ments 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 arbitrators or 
 umpire requires. 
 
 (g) The witnesses on the reference shall if the arbitrators Oath or 
 or umpire think fit be examined on oath or afiirmation. affirmation. 
 
 (h) The award to be made by the umpire or arbitrators Finality of 
 shall be final and binding on the parties and the persons claim- ^^""^ ■ 
 ing under them respectively. 
 
 (i) The costs of the reference and award shall be in the 9?^*^ °' 
 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 costs to be 
 so paid or any part thereof. C.O.Y.T. c. 32. 
 
22 
 
 Chap. 5. 
 
 Assessment. 
 
 CHAP. 5. 
 
 An Ordinance respecting Assessment. 
 
 SHORT TITLE. 
 
 Short title. 
 
 1. This Ordinance may be cited as The Assessment Ordi- 
 nance. C.O.Y.T. c. 17, s. 1. 
 
 Interpreta- 
 tion. 
 
 ■"Assessor.' 
 
 "Income' 
 
 "Person." 
 
 "Personal 
 property." 
 
 ■Pr operty. 
 
 "Real 
 property ' 
 
 "Town.' 
 
 "Land. 
 
 ' 'Improve- 
 ments." 
 
 INTERPRETATION. 
 
 3. In this Ordinance, unless the context otherwise requires, 
 the follo'wing 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 to'wn in which property 
 is liable to taxation and the person elected or appointed 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, labour or occupation and directly or 
 indirectly received by any person and includes the interest 
 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 corpo- 
 ration. 
 
 4. "Personal property" includes all such goods and chattels 
 and other property as are enumerated in the first schedule 
 to this Ordinance. 
 
 5. "Property" includes both real and personal property. 
 
 6. "Real property" includes land and land covered with 
 water and whatever is erected or growing upon or affixed to 
 land and also rights issuing out of, annexed to or exercisable 
 within or about the same. 
 
 7. "To-wn" includes the city of Dawson, any incorporated 
 town, and any town organized under the provisions of the 
 Ordinance respecting to'wns. 
 
 8. "Land" means the ground or soil and everything annexed 
 to it by nature or that is in or under the soil except mines and 
 minerals, precious and base, belonging to the Cro-wn. 
 
 9. "Improvements" extend to and mean all buildings and 
 structures and all machinery and fixtures annexed to any 
 building or structure. C.O.Y.T. c. 64, s. 2. No. 8 of 1903, s. 1. 
 
 PROPERTY LIABLE TO TAXATION. 
 
 Property 
 liable to 
 
 assesement. 
 
 3. All real and personal property in any town and the 
 income of every person carrying on any profession, trade, 
 calling, employment, labour or occupation or filling any place 
 
Assessment Chap. 5. 23 
 
 or filling or exercising any office and of every person residing 
 in any town shall be liable to taxation for all purposes for which 
 taxes and rates are levied by authority of law. 
 
 (1) The word "income" in this section includes the money Income 
 described as "living allowance" paid by the Government of H^in*^^^ 
 Canada to all persons in the Yukon Territory who hold office or allowanc*. 
 appointment of any kind under the said Goverament of Canada 
 whether Federal or Territorial. C.O.Y.T. c. 64, s. 3. No. 5 of 
 1912. s. 3. 
 
 PROPERTY EXEMPT FROM TAXATION. 
 
 4. The following property shall be exempt from taxation. 
 That is to say: 
 
 (0) 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 property itself 
 shall not be liable; 
 
 (6) 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 purposes 
 of such town; 
 
 (g) Household furaiture in actual use; 
 
 (h) Tools to the value of two hundred dollars belonging to 
 a miner or mechanic and necessary for carrying on his business; 
 
 (i) Property specially exempted from taxation by any 
 Ordinance of the Yukon Council; 
 
 ij) Income to the extent of two thousand dollars; 
 
 (k) 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. No. 29 of 1901, s. 4. 
 
 (1) Gold dust and buUion. C.O.Y.T. c. 64, s. 4. No. 16 
 of 1903, s. 1. 
 
 DUTIES OF ASSESSORS. 
 
 5. Every assessor shall, before the 20th day of September, '^^^^^^. 
 in every year, ascertain by diUgent inquiry and examination toTe^made. 
 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. C.O.Y.T. 
 c. 64, s. 5. 
 
24 
 
 Chap. 5. 
 
 Assessment. 
 
 AesesBor to 
 set down 
 particulars 
 in assess- 
 ment roU. 
 
 Land and 
 improve- 
 ments 
 
 at fair value. 
 
 Income to be 
 assessed at 
 actual 
 amount. 
 
 Personal 
 property to 
 be assessed 
 to owner. 
 
 Real estate to 
 be assessed 
 where 
 situated. 
 
 Non resident 
 property. 
 
 6. The assessor having ascertained as nearly as maybe the 
 names of all adult male persons resident in the city of Dawson, 
 and the particulars of the land improvements ,and personal 
 property and income to be assessed, shall prepare an assessment 
 roll in which he shall set down in separate columns the names 
 and description of every person liable to be rated, designating 
 every such person by a number on the roll and by a statement 
 of the occupation and residence of such person, distinguishing 
 the resident from the non-resident and showing whether such 
 person is assessed as owner, occupant or tenant, or on account 
 of income. The assessor shall also set down a description 
 of and the value of the land and improvements and personal 
 property and income, showing thereunder as far as possible the 
 various particulars enumerated in form "A" in the second 
 schedule of this Ordinance and note any other facts that may aid 
 in securing the 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 
 "taxes on land" and "taxes on improvements, personal property 
 and income" form part of the rate book and not of the assess- 
 ment roll. No. 8 of 1903, s. 4. No. 11 of 1904, s. 4. 
 
 T. In making up the assessment roll the assessor shall be 
 governed by the following rules: 
 
 Rule 1. Land shall be assessed separately from improvements. 
 Land and improvements shall be assessed at their fair value. 
 In estimating such value regard shall be had to the situation 
 of the property and the purpose for which it is used, or if sold 
 by the then owners it could and would probably be used in the 
 next succeeding twelve months. In case where the value at 
 which any specified land or improvements has been assessed 
 appears to be more or less than its true value the amount of the 
 assessment shall nevertheless not be varied on appeal unless the 
 difference be gross if the value at which it is assessed bears 
 a fair and just proportion to the value at which land and impro- 
 vements in the immediate vicinity of the land or improvements 
 in question are assessed. 
 
 Rule 2. Income shall be assessed at its actual amount and 
 the amount of any person's income during the year preceding 
 shall be taken in the absence of more certain information 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 expense of living. 
 
 Rule 3. Personal property shall be assessed to the owner 
 if known to the assessor, otherwise in the name of the person 
 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. 
 
 Rule 4. Persons owning land or improvements situated in any 
 town shall be assessed for such property in the town in which the 
 property lies. 
 
 Rule 5. Where the person liable to be assessed in respect 
 to any land or improvements which is \moccupied is not resident 
 
Assessment. Chap. 5. 25 
 
 within the town in which the property lies or is unknown such 
 real property shall be assessed as property of a non-resident 
 and shall be so designated in the assessment roll. 
 
 Rule 6. Land and improvements shall, in all cases, be assessed Real property 
 
 + „ 4.u„ „„. „ J.V. r to be assessed 
 
 to tne owner thereof. to owner. 
 
 Rule 7. Income derived from any profession, trade, calling, income to be 
 employment, labour or occupation and the income derived ^^^|f ^^ 
 from any place or office shall be assessed in the town in which party resides, 
 such profession, labour, trade, calling, employment or occupa- 
 tion 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. The income 
 of a partnership or incorporated company shall be assessed Assess- 
 against the firm or company at the usual place of business of the ^rtnerehip. 
 partnership or company in the Yukon Territory, and if a partner- 
 ship or incorporated company has more than one place of 
 business, each branch shall be assessed as far as may be in the 
 locality where it is situated for that portion of the income of the 
 partnership or company which is received at that particular 
 branch. 
 
 Rule 8. Whenever two or more persons are either as business income of alt 
 partners or by any other kind of joint, or joint and several ei^ered mi''^ 
 interest, the owners of any personal property or of real and roll, 
 personal property together, the names of each of such persons 
 shall be entered on the assessment roll and the property appor- 
 tioned among them to the best of the assessor's judgment. 
 
 Rule 9. All property under the control of any person as y^Jgr'^gontroi 
 executor, administrator, trustee, guardian or agent, tlie separate of trustee or 
 property of a married woman and property of an infant shall executor to b& 
 be assessed and rated in the name of the person exercising tmm. 
 control over 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 Sep- ^"^^7'^''^'' 
 tember in each year complete the roll. completed. 
 
 2. The assessor shall forthwith thereafter sign the said A^^essor to 
 roll, first attaching thereto a certificate in form "B" in the^'^'^"^" " 
 second schedule to this Ordinance. 
 
 Rule 11. Notice that the assessment roll certified as required ^^^^j^^^^^ ^^ 
 by the next preceding rule is completed shall as soon as practi- as^s^sment ta 
 cable and not later than one week after the day fixed for the be given to 
 completion of the roll in each year be forwarded by the assessor Ig^^^eta™. 
 to the Territorial Secretary. Such notice shall state the number 
 of persons assessed, the total value of lands or improvements, 
 of personal property and of income assessed in such roll and the 
 total of all such assessments. C.O.Y.T. c. 64, s. 7. No. 8 of 
 1903, ss. 5, 6, 7, 8, and 9. No. 11 of 1904, s. 5. 
 
 8. The assessor shall forthwith on the completion of the Notice of 
 assessment roll give notice of the assessment by delivering to be^gf^n^o ° 
 each person, firm, company, association or corporation, or by each person 
 
 on roll. 
 
26 
 
 Chap. 5. 
 
 Assessment. 
 
 mailing to such person, firm, company, association or corpora- 
 tion postage prepaid, a notice setting forth the sums at which 
 the lands or improvements, the personal property and income 
 respectively of such person, firm, company, association or 
 corporation are assessed. The assessor shall enter on the roll 
 opposite the proper name the date of such delivery or mailing 
 and such entry shall be presumptive evidence of such delivery 
 or mailing. 
 
 2. Such notice may be in the Form "C," in the second 
 schedule to this Ordinance, or to the like effect. C.O.Y.T. 
 c. 64, s. 8. 
 
 Person 9, Every person who commences business of any kind in 
 
 busi^s^'after ^ towii and whosc property has not been assessed at the previous 
 assessment to general assessment or who has not been rated, shall give notice 
 give notice. ^ writing to the assessor within one week after commencing 
 business of his place of residence and his place of business and 
 the assessor shall, within one week after such notice, assess 
 the property of the person so coinmencing business in the same 
 way as other ratepayers are assessed under the general assess- 
 ment. The assessor may, at any time, upon learaing that 
 any such person has commenced business, whether such person 
 has given such notice or not, assess the property of such person 
 in such way as aforesaid. 
 To be as- 2. The assessor shall rate such person at the same rate as 
 
 rate''** ** ^*™® the ratepayers 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 assess- 
 ment 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 'n default of payment to imprisonment for a period not 
 less than thirty days and not more than ninety days. C.O.Y.T. 
 c. 64, s. 9. 
 
 Penalty for 
 not giving 
 notice. 
 
 May add 
 property 
 missed after 
 assessment. 
 
 May appeal. 
 
 If person 
 assessed dies 
 notice to be 
 given to 
 adminis- 
 trator. 
 
 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 before 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 assessment appeal court shall have 
 power to reverse, vary or modify the assessment so made and 
 amend the assessment roll accordingly. C.O.Y.T. c. 64, s. 10. 
 
 11. If any person who is assessed in the assessment roll 
 dies after the making of the assessment by the assessor the 
 notices required by this Ordinance to be given to the person 
 assessed may be given to his executors or administrators, if- 
 any, and to the public administrator, if there are no executors 
 
• Assessment. Chap. 5. 27 
 
 _ <)r administrators, and they or he shall have the right of appeal 
 in the same manner as if they or he were assessed as such 
 €xeeutors or administrators in respect to the property assessed 
 agamst the deceased. C.O.Y.T. c. 64, s. 11. 
 
 12. If, before the rate referred to in section 45 is struck. Assessor 
 the assessor believes that any person who may be Hable to be f^^ ^^''^^ 
 assessed is about to leave the Yukon Territory, he may demand party leai 
 from such person payment of a tax not exceeding two dollars i°s territory. 
 per centum on what the assessor then deems the assessable value 
 
 of the real and personal property and income of such person 
 and may forthwith proceed to collect such tax as if the same 
 was due and payable after a rate had been duly levied. 
 
 1. If the tax so collected is les? than the amount subsequently Balance due 
 shown on the rate book to be due by such person, the balance, SsuaTwfv ° 
 after deducting the amount so collected, shall become due and 
 payable and shall be collected in the same way as if no previous 
 amount had been collected. 
 
 2. If such tax is greater than such amount the balance Refund. 
 shall be forthwith refunded to such person. No. 5 of 1906, s. 1. 
 
 13. Personal property within the city of Dawson shall be Non-resident 
 liable to be assessed and rated in said city notwithstanding the propl/ty'tax- 
 owner of such property is not a resident of such city unless aiiie except 
 it is the property of the holder of a license issued under the '° *''^"sit. 
 provisions of this Ordinance; provided that such property, if 
 
 in the said city merely in transit, shall not be so liable unless 
 it remains within the said city more than twenty days. No. 5 
 of 1906, s. 2. 
 
 14. There shall be levied and collected annually on every Railways; 
 railway within the Yukon Territory, including the city of *^'"' p®"" ■"^'''• 
 Dawson, if such railway has been or as soon as it has been in 
 operation for two years or more, a tax equal to f 100 per mile 
 
 of the line of railway actually operated in lieu of any rate which 
 might be levied in assessment of personal property and income. 
 No. 5 of 1906, s. 3. 
 
 15. There shall be levied on every person and company steamers; 
 engaged in passenger and freight traffic or either, on water, ton."™*^ "^'^ 
 between places within the Yukon Territory, including the 
 
 city of Dawson, a tax equal to 50 cents per ton on the net 
 tonnage, customs-house measurement, of each vessel pro- 
 pelled by mechanical power engaged at any time during the year 
 in such traflBic. Such tax shall be in lieu of any rate which 
 might be levied on assessment of personal property and income. 
 No. 5 of 1906, s. 4. 
 
 16. Every bank having one or more offices within the Banks; in 
 Yukon Territory, including the city of Dawson, shall pay $t2M°'else- 
 annually to the Collector of Rates on the first day of January where $250, 
 in respect to each such office, if within the city of Dawson 
 
 the sum of $1,200, and if elsewhere within the said Territory 
 the sum of $250. 
 
28 Chap. 5. Assessment. 
 
 ?ome l^" . 1- Every such sum shall be due and payable whether a rate- 
 personal is levied or not and shall exempt such bank from assessment 
 empf*^ ""- aiid rate in respect to the income and personal property of 
 such bank except such personal property as is held by such 
 bank as security. No. 5 of 1906, ss. 4 and 5. 
 
 WcSikc"!' !''• The amount so due and payable imder the provisions 
 
 cd. of the next four preceding sections or any one of them may be 
 
 collected in the same manner, and delay in payment shall be 
 
 subject to the same penalty as if the said amount was due 
 
 after assessment made and rate levied. No. 5 of 1906, s. 7. 
 
 loalndusfv^ 1 8. The following provisions of this Ordinance from section 19 
 only in next following to 20 A, both inclusive, relating to licenses and 
 
 force after taxes on land shall apply only to and within such area or areas 
 of^ommis-" within the Territory as the Commissioner from time to time 
 sioncr. designates by proclamation. No. 5 of 1906, s. 9. 
 
 19. Within every such area there shall be levied and 
 collected the following taxes: 
 
 (a) On every unoccupied lot of land as shown on the Govern- 
 ment plan of land within such area, $5; 
 
 (b) On every such lot occupied by a residence whether 
 inhabited or not, SIO; and, 
 
 (c) On every other such lot, $25. 
 
 20. No person shall carry on within any such area any 
 of the callings in this section mentioned without having first 
 obtained a license for the purpose and paid the fee mentioned 
 in this section. 
 
 The license fee shall be for, 
 (1.) Auctioneer, $50; 
 (2.) Baker, $10; 
 
 (3.) Barber — keeping barber shop, $10 for one chair and $5 
 for every additional chair; 
 
 (4.) Billiard — keeping billard or pool table or bagatelle board 
 or Mississippi, pigeon hole or other table or board for play 
 with balls, $10 for one table or board and $5 for every additional 
 table or board; 
 
 (5.) Blacksmith, $10; 
 
 (6.) Bottling works — carrying on work of botthng, $50. 
 (7.) BowUng alley — keeping bowling alley, each alley, $10; 
 (8.) Brewery^ — ^keeping brewery, $250; 
 
 (9.) Broker — carrying on business of broker of any kind, $25; 
 (10.) Butcher — butcher or keeper of meat market, retail, $25; 
 (11.) Butcher — butcher or keeper of meat market, importing 
 stock, wholesale, $200; 
 
 (12.) Cigar stand or store— keeping cigar stand or store, $10; 
 (13.) Dealer — second-hand dealer, $25; 
 (14.) Drug<?ist, $25; 
 
 (15.) Electric light plant — ^keeping electric light plant, fur- 
 nishing light or power for sale, $200; 
 
 (16.) Freighting by horses or mules, $10; 
 (17.) Grocer of any kind. 
 
Assessment. Chap. 5. 29 
 
 (18.) Hawker, $25; 
 
 (19.) Insurance agent, $10; 
 
 (20.) Jeweller, $25; 
 
 (21.) Steam laundry — keeper of a steam laundry, $25; 
 
 (22.) Livery and boarding stable — keeping livery stable, $25; 
 
 (23.) Manufacturer of any kind, including tinsmiths, plumbers, 
 painters and paper hangers, $25; 
 
 (24.) Merchant — -hardware, stationery or dry goods, $50; 
 
 (25.) Merchant— general, $100; 
 
 (26.) Merchant, fruit selling, candy, tobacco or cigars, $10; 
 
 (27.) Merchant of any other kind, $50; 
 
 (28.) Miller— sawmill, $100; 
 
 (29.) Patent medicine vendor not conducting general drug 
 business, $50; 
 
 (30.) Pawn-broker, $25; 
 
 (31.) Pedlar, $25; 
 
 (32.) Photographer, $10; 
 
 (33.) Printing office, $10; 
 
 (34.) Professions — ^practising as barrister, soUcitor or advocate 
 or as physician or surgeon or dentist or surveyor or in any 
 profession, $25; 
 
 (35.) Restaurant keeper, $15; 
 
 (36.) Rifle or shooting gallery, $15; 
 
 (37.) Scavenger, $10; 
 
 (38.) Transfer or express business, $10; 
 
 (39.) Water dealer — each wagon, $10; 
 
 (40.) Dress-makers, milliners and shoe-makers carrying small 
 stocks of goods, $15. 
 
 (41.) Hand laundry, $10. 
 
 (42.) Ice cream and soda fountain parlours, unless otherwise 
 licensed, $10. 
 
 (43.) Rooming houses, $25. 
 
 (44.) Wood dealers, $25. 
 
 (45.) Wood sawing machines, whether steam or gasohne, 
 $25. No. 5 of 1906, s. 10. No. 11 of 1907, ss. 1 and 2. 
 
 30a. (a). All licenses shall be issued by the Territorial All licenses 
 Treasurer or by some person or persons named bj-- him and the tk>n^of iw- 
 matter of application for licenses and their issue and all matters torial Treas- 
 incidental thereto shall be under the direction and control and "''''''• 
 with the Department of the Territorial Treasurer; and all 
 license fees and taxes on land under this Ordinance shall be 
 collected by the Treasurer or by such person or persons. 
 
 (6) Applications for licenses shall be in \\Titing setting forth Applications 
 the following particulars: "partU" 
 
 (1) The name, occupation and address of the applicants; ulars. 
 
 (2) The nature of the license applied for; 
 
 (3) The place where the calling to be licensed is to be carried 
 on. 
 
 (c) One license shall be sufficient for any one place of pre- f^" partner- 
 mises for a partnership or company. ship. 
 
 (d) All licenses, unless they are expressed to be granted for All licenses 
 a shorter period, shall be for the year current at the time of ^^^"^^ ^"^^ 
 
30 
 
 Chap. 5. 
 
 Assessment. 
 
 No reduction 
 for portion 
 of year. 
 
 .Existing 
 licenses 
 valid . 
 
 Liccnyi' to 
 be produced. 
 
 Tran.'ifer of 
 license. 
 Fee, si 
 
 Provisions for 
 s^ale of land 
 for taxes 
 apply to 
 collection of 
 license fees. 
 Penalty for 
 operating 
 without 
 license. 
 
 issue thereof, and shall expire on the 30th day of June next 
 thereafter. 
 
 (e) The fee payable in respect to any license shall be the 
 annual fee whether the license is issued on the first of July in 
 any year, including the said year current or later. 
 
 (f) Existing licenses shall be valid until the expiration of 
 their several terms, and the holders during the term of such 
 licenses, shall not be obUged to take out similar licenses. 
 
 (g) Every licensee shall produce his license when required 
 so to do by the Treasurer or person or persons named by him, 
 or by any police magistrate, justice of the peace or by any 
 police officer. 
 
 (h) Licenses may be transferred provided that the person 
 desiring to obtain a transfer of a license makes application iii 
 writing for such transfer to the same officer setting out the 
 same particulars in regard to transfer as would be required if 
 he was applying for a license and pays a fee of $1. 
 
 (i) All the provisions of this Ordinance respecting the col- 
 lection of license fees and the sale of land for takes shall apply 
 to the collection of the license fees and taxes provided for by 
 the two next preceding sections thereof. 
 
 (J) Any person carrying on or attempting to carry on any 
 calling mentioned in section 20 of this Ordinance without the 
 license required by this Ordinance shall be liable to a penalty 
 equal to three times the fee payable for such license and in de- 
 fault of payment to imprisonment for a term not exceeding six 
 months. 
 
 ASSESSMENT APPEAL COURT. 
 
 Court of 
 appeal. 
 
 Members of 
 court. 
 
 Quorum. 
 
 Assessor to 
 be clerk. 
 
 21. There shall be a court of appeal consisting of not more 
 than three members appointed by the Commissioner in every 
 town and such court shall hear all appeals from persons aggrieved 
 by the assessment made by the assessor. 
 
 2. The person named by the Commissioner when present 
 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 
 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. C.O.Y.T. 
 c. 64, s. 12. 
 
 Roll to be 
 open for 
 inspection. 
 
 INSPECTiON OF ROLL. 
 
 22. On and after the assessment roll is completed by the 
 assessor and until ten days after such roll is revised and cor- 
 rected 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. C.O.Y.T. c. 64, s. 13. 
 
Assessment. Chap. 5. 31 
 
 APPEALS FEOM ASSESSMENT. 
 
 23. Any person complaining that he has been wrongfully Persons 
 inserted in or omitted from the roll or that his property has Tssesfed may 
 been undervalued or overvalued by the assessor may give appeal. 
 notice in writing to the assessor that he appeals from the assess- 
 ment 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 imdervalued another 
 or overvalued or that any person has been wrongfully inserted person. 
 in or omitted from the roll he may give notice in writing to 
 such person and to the assessor that 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: 
 
 Provided that no person shall have the right to appeal No appeal as 
 from his assessment in respect to personal property if after property'and 
 demand in writing he has, income un- 
 
 (a) refused permission to the assessor to enter any building condftions! 
 in which such property or any part of it is stored, or 
 
 (6) failed to produce his books, invoices and accounts relating 
 thereto, or 
 
 (c) failed to give to the assessor any other information in 
 regard thereto, or 
 
 (d) furnished the assessor with any false or misleading Do, as to in- 
 information in regard thereto, ''°'"^' 
 
 And provided that no person shall have the right to appeal 
 from his assessment in respect to income, if after such demand 
 he has, 
 
 (a) failed to furnish the assessor with all information neces- 
 sary to determine the amount of such income, or 
 
 (b) furnish the assessor with any false or misleading infor- 
 mation in regard thereto. 
 
 The court of appeal shall forthwith dismiss any appeal Appeal dis- 
 from an assessment of property or income in respect to which ""^^'^ ' 
 the assessor proves such demand and such refusal, failure 
 or false or misleading information as aforesaid. C.O.Y.T. 
 c. 64, s. 14. No. 5 of 1906, s. 8. 
 
 24. The notice of appeal may be in the form given in form ]^°^^™ °f 
 "C" in the schedule of this Ordinance. Such notice shall "ppe'S." 
 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 after the notice of assessment 
 has been given by delivering or mailing the same. C.O.Y.T. 
 c. 64, s. 15. 
 
 25. The court shall meet for the hearing of appeals on or Time of 
 before the fourth Tuesday in October in each year at the court- ^^comt 
 house, if there is any, in such town, and if not, in such place 
 
 as the chairman of the court appoints. The court may adjourn 
 from time to time and from place to place. C.O.Y.T. c. 64, 
 s. 16. 
 
32 
 
 Court may 
 adjourn. 
 
 Chap. 5. 
 
 Assessvient. 
 
 Witnesses 
 may be 
 examined 
 on oath. 
 
 Court 
 may issue 
 subpcenas. 
 
 Subject to 
 the same 
 penalties as i 
 Territorial 
 court for 
 disobeying 
 subpoena. 
 
 Assessor to 
 prepare list 
 of appeals. 
 
 26. If at the tiltne appointed for the meeting of the court 
 a quorum is not present the chairman or, in his absence or 
 if there is no chairman, any member of the court present may- 
 adjourn the court until another time; and if no member of 
 the court is present it shall stand adjourned until the following 
 day at the same place and hour. C.O.Y.T. c. 64, s. 17. 
 
 ST. The court shall have the power to examine witnesses 
 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. C.O.Y.T. c. 64, s. 18. 
 
 28. The court shall have the power to issue subpcenas 
 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 
 1 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. CO. 
 Y.T. c. 64, s. 19. 
 
 29. The assessor shall, immediately after the expiration of 
 the time for giving notice of appeal, prepare a list of appeals to 
 be heard, entering them thereon in the order in 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 transferred, 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. C.O.Y.T. 
 c. 64, s. 20. 
 
 Assessor to 
 give notice 
 of sitting 
 of court 
 of revision. 
 
 SO. The assessor shall give notice of the time and place of 
 hearing such appeals by — 
 
 (a) Posting a copy of such list with notice of the time and 
 place of the first meeting of the assessment appeal court in at 
 least five conspicuous public places in the town, one of which 
 shall be the post office and another the office of the assessor, 
 or — 
 
 (6) 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. 
 C.O.Y.T. c. 64, s. 21. 
 
 C™rt to.^hear 31. The court shall proceed with the appeals in the order 
 OTderof'" as nearly as may be in which they are entered, but the court 
 entry. may, if it sees fit, grant an adjournment of the hearing of any 
 
Assessment. Chap. 5. 33 
 
 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. 
 C.O.Y.T. c. 64, s. 22. 
 
 33. The court after hearing the complainant and any wit- Court to 
 nesses he produces and the party complained against and such hearing^"^" 
 witnesses as he produces and the assessor, if necessary, shall complaint 
 determine the matter. and witnesses. 
 
 2 If the object of the appeal is to reduce the assessment, 
 the assessor shall appear and represent the interests of the town. 
 C.O.Y.T. c. 64, s. 23. 
 
 33. On any appeal the court may: Court may 
 
 (a) Confirm, reduce or increase the value of any property or amend, add or 
 income on the assessment roll. strike off roll 
 
 (b) Add to the roll the name and assessment of any person assessment 
 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 generally 
 to correct any clerical errors made by the assessor in the assess- 
 ment roll. C.O.Y.T. c. 64, s. 24. 
 
 34. The court shall also have power of its own motion and Court may 
 after notice to add to the roll the name of any person improperly any person" 
 left off, with the value of property and income for which in the improperly 
 judgment of the court such person should be assessed and to ®^* °^' 
 the amount of the assessment of any person. C.O.Y.T. c. 64, 
 
 s. 25. 
 
 35. All reductions and increases of assessments rendered Amendnaents 
 necessary by the decisions of the court as well as all transfers ass^ssOT^ in ^^ 
 of assessment from one person to another and all other necessary red ink. 
 changes, corrections, alterations or additions made by the said 
 
 court shall be minuted upon the assessment roll by the assessor 
 in red ink. C.O.Y.T. c. 64, s. 26. 
 
 36. If either party fails to appear the court may proceed Court may 
 ^x parte, and if neither party appears the court may confirm ll°pllte 
 -the assessment. C.O.Y.T. c. 64, s. 27. 
 
 37. It shall not be necessary to hear the complainant or Court need 
 assessor or person complained against except where the court complainant 
 deems it necessary or proper or where evidence is tendered by or assessor 
 or on behalf of either party. C.O.Y.T. c. 64, s. 28. ^^^J-^ 
 
 necessary. 
 
 70263—3 
 
34 
 
 Chap. 5. 
 
 Assessment. 
 
 Chairman to 38. The chairman of the court shall have such and the like 
 powerT™^ power and authority to preserve order in such court during the 
 preserve order sitting thereof and by the like ways and means as are exercised 
 as Territorial and used in like cases by the Territorial court. C.O.Y.T. 
 '=°"*- c. 64, s. 29. 
 
 Decision to 
 be final. 
 
 39. The decision of the court shall in all cases be final. 
 C.O.Y.T. c. 64, s. 30. 
 
 MISCELLANEOUS PROVISIONS RESPECTING APPEAL. 
 
 Sum rated 
 may be 
 recovered 
 notwith- 
 standing 
 appeal. 
 
 40. Any sum rated upon any person may be collected or 
 recovered notwithstanding any appeal, but if any money has 
 been paid by the appellant and the court adjudges that the 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. C.O.Y.T. c. 64, s. 31. 
 
 Certiorari 41. No certiorari to remove any assessment, rate or order 
 
 eranted ^ or any 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 assessment, 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 general assessment 
 or rate for any illegality in the assessment or rate of any indi- 
 vidual, except as to such individual. C.O.Y.T. c. 64, s. 32. 
 
 No action 42. No action shall be brought against an assessor, collector 
 
 ag^nst"^""^^* ^^ other person who has received money on a rate subsequently 
 assessor quashed, reversed or varied; any person who has paid such 
 
 or collector, 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 assess- 
 ment appeal court. C.O.Y.T. c. 64, s. 33. 
 
 Assessment 43. The assessment roll as finally passed by such court 
 
 certi*fied%y ^^^^^ ^^ Certified by the assessor as so passed, and shallbind 
 
 assessor and all persons assessed in such roll notwithstanding any defect 
 
 bind all or error therein or any irregularity on the part of the assessor 
 
 assessed. o^ ™ respect to the making up of the roll or in the 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. C.O.Y.T. c. 64, s. 34. 
 
 Copy certi- 44. A copy of any assessment roll or portion of any assess- 
 fe^ssor^rfma i^ent roll written or printed without any erasure or interlineation 
 fade evidence, and certified to be a true copy by the assessor shall be received 
 as prima fade 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. C.O.Y.T. c. 64, s. 35. 
 
Assessment. Chap. S. 35' 
 
 RATE BOOK. 
 
 45. Upon an estimate being made by the proper authority Assessor to 
 of all sums which are required for the lawful purposes of the eoiiect°rate 
 town for the then current year after crediting the probable suflScient to 
 receipts from all sources of revenue other than the rates for such aSount 
 year, and after making due allowance in such estimate for the estimated, 
 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 collectable the assessoi shall determine upon, 
 levy and collect a rate or rates of so much on the dollar of the 
 assessed value of the property and income assessed in such roll 
 as he deems sufficient 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. C.O.Y.T. c. 64, s. 36. No. 18 of 1914, s. 2. 
 
 46. No individual taxpayer who is the owner of real pro- All owners 
 perty shall pay less than two dollars in annual taxes on all his tetefto pay- 
 real property and after the rate is levied the assessor is at least |2 
 empowered to collect at least two dollars from each such tax- *^^^^- 
 payer. No. 11 of 1907, s. 3. 
 
 47. The assessor shall make a rate book by carrying out in ^Jg'book"^ 
 form "A" under the several headings "Taxes on Land" and 
 "Taxes on Improvements, Personal Property, and Income" 
 opposite the name of each person, firm, company and corpora- 
 tion, the rate of mills on the dollar, the arrears of taxes, taxes 
 
 for the year 19 and the total amount of taxes due. 
 
 2. Such rate book shall be revised; t^*^| ^°°^^ 
 (a) In the city of Dawson by the city clerk, aided by such by person 
 
 persons as he may select, and appointed by 
 
 (6) In other towns by such person or persons as may be sioner. 
 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 refeu 
 such rate book back for further revision and report. C.O.Y.T. 
 c. 64, s. 37. No. 11 of 1904, s. 7. 
 
 COLLECTOR OF RATES. 
 
 48. In the city of Dawson the assessor shall be the collector ^^^^°l ^ 
 of rates, in other towns the overseer shall be such collector. be^cofle'etor. 
 
 COLLECTION OF KATES. 
 
 49. As soon as the rate book has been revised and not ^^d^^otice 
 later than the 10th day of November the person or persons in form F ■ 
 
 70263—31 
 
36 Ghap. 5. Assessment. 
 
 Mfhose 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 secretary 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 residence or business 
 of such agent, manager, cashier or secretary or by mailing the 
 same to his or their last or usual address or by posting up the 
 same on the property assessed. 
 
 3. AH 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. C.O.Y.T. c. 64, s. 39. 
 
 K taxes 50. If any person, firm, company, association or corporation 
 
 forthwith ^^^^ *° P^^ *° ^^^ assessor the rates due and payable by him, 
 aaaesaor may the assessor may by himself or his agent levy the same with costs 
 
 levy by w distress of the goods of such person, firm, company, associa- 
 
 distress. , ••' , • ° r i • ii_ ■ r i_ 
 
 tion or corporation, or of any goods m the possession oi such 
 
 person, firm, company, association or corporation wherever 
 the same may be found. 
 Lien, distress 2. If such rates are due and payable in respect to lands 
 tMes*'^ *°'' and improvements the same shall constitute and be a lien upon 
 such real property having priority over any deed, transfer, 
 mortgage, judgment, private lien, claim or encumbrance of any 
 kind whatsoever and the assessor may levy such rates with 
 costs by distress of any goods found by him upon such lands 
 and improvements at any time after such thirty days whether 
 such goods are the property of the person assessed and rated in 
 respect to such lands and improvements or of any other person 
 whatsoever. If such rates are not paid by the person liable 
 therefor or by distress made under this section for six months 
 after such rates become due and payable the assessor may sell 
 such lands and improvements under the provisions relating to 
 such sale in this Ordinance hereinafter contained. 
 Distress tor 3. If any person, firm, company, association or corporation 
 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 mentioned person, firm, 
 company, association or corporation and the person, firm, com- 
 pany, 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 sufficient to pay such rates and such distress 
 shall be a discharge and release as aforesaid. 
 
 rates on 
 income 
 
Assessment. Chap.. 5. 37 
 
 4. No warrant shall be necessary to enable the assessor Notice of 
 to levy distress under this section or to justify him in so doing, distress. 
 It shall be sufficient 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 premises Goods to be 
 or any part thereof on which they are found or may be removed ™po"nded. 
 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. C.O.Y.T. c. 64, s. 40. No. 8 of 1903, 
 s. 12. 
 
 51. The assessor after giving five days' notice of sale by Assessor may 
 handbills posted in at least five conspicuous places in the da's^'noti^e^^ 
 locality in which the sale is to take place shall sell such 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. C.O.Y.T. c. 64, s. 41. 
 
 52. The assessor may at his option sue for any unpaid Assesor may 
 rate and 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. C.O.Y.T. c. 64, s. 42. 
 
 53. If any person who is indebted to the town for rates if person 
 and who has been served with a notice requiring him to pay the about to leave 
 sa-me is about to leave the town the assessor may make an town, judge 
 affidavit before a judge of the Territorial Court or before any may order 
 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 dis- 
 trained or unless such person is forthwith arrested and there- 
 upon 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 person 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 affidavit 
 the grounds of belief. 
 
 3. Such order directing the assessor to levy distress shall' 
 authorize and justify 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 409 to 419 both inclusive 
 
38 
 
 Chap. 5. 
 
 Assessment. 
 
 of the Judicature Ordinance so far as the same relates to the 
 execution of a special order and the imprisonment of any person 
 thereunder. C.O.Y.T. c. 64, s. 43. 
 
 aeteBsor'tobi ^** I^ ^ny action brought against any person for the 
 prima facie recovery 01 rates due to a town where there is a defence 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 facie evidence in any court of such rates being due and 
 unpaid. C.O.Y.T. c. 64, s. 44. 
 
 evidence of 
 taxes due. 
 
 Persons pay- 
 ing taxea 
 before cer- 
 tain dates 
 entitled to 
 reduction. 
 
 Taxes not 
 paid until 
 after 31st 
 December 
 entitled to 
 penalty of 
 4%. 
 
 Commis- 
 sioner may 
 grant rebate 
 of penalty in 
 certain 
 
 55. All persons paying . taxes on or before the fifteenth 
 day of November of the year in which such taxes were levied 
 shall be entitled to a reduction of ten per ceat on the amount 
 of such taxes, aud all persons paying taxes after the fifteenth 
 aad before the thirtieth day of November of the year in which 
 such taxes were levied shall be entitled to a reduction of five 
 per cent on the same. No. 2 of 1913, s. 1. 
 
 56. Upon all taxes remaining due and unpaid on the 31st 
 day of December of the year in which such taxes were levied 
 there shall be added at the beginning of each month thereafter, 
 as a penalty, an additional sum amounting to four per cent 
 of such taxes. 
 
 2. Provided that the Commissioner, in any case where 
 it is deemed by him equitable to do so, may, upon payment 
 of taxes in arrear, by memorandum in writing over his signature, 
 grant and allow a rebate of such penalty or so much thereof 
 as he may think just, and such memorandum shall be filed 
 with the tax collector and shall set forth the grounds upoa 
 which the rebate is granted, aud a copy thereof shall be laid 
 before the Yukoa Council within the first five days of the 
 session of said Council next after the granting of any such 
 rebate. C.O.Y.T.;^c. 64, s. 46. No. 2 of 1913, s. 2. 
 
 GENERAL PBOVISIONS. 
 
 If ?ers™ 57. Any person absent or absconding from the town who 
 
 abscond"*^ *s indebted for rates may be proceeded against for such rates 
 attachment imder the provisions of Order 35, of the Judicature Ordinance 
 mT amount' notwithstanding that the amount of such rates is less than 
 one hundred dollars. C.O.Y.T. c. 64, s. 47. 
 
 Taxes to be 
 lien against 
 insolvent 
 estate. 
 
 58. The rates of any person who becomes insolvent or 
 assigns his property shall constitute a lien upon his estate and 
 shall be paid by the trustee or assignee of such property 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. C.O.Y.T. c. 64, s. 48. 
 
Assessment. Chap. 5. 39 
 
 59. No personal property shall be taken possession of by ^o transfer of 
 the holder of any transfer, bill of sale, mortgage, judgment goocTu^ii" ^ 
 or any lien thereon nor shall the same be seized or levied upon, taxes paid, 
 under or by virtue of any warrant, execution, attachment 
 
 or other process, nor shall the same be distrained for rent, 
 nor shall the same be sold under any order of any court uatil 
 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 personally 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. 
 C.O.Y.T. c. 64, s. 49. 
 
 SALE OF LANDS AND IMPHOVEMENTS FOB HATES. 
 
 60. When any lands and improvements become liable to Proceedings 
 be sold for rates in respect thereto unpaid the assessor may property for 
 proceed in the following manner: — taxes. 
 
 1. He shall prepare a copy of the list of lands to be sold, List of lands 
 as authorized by this Ordinance, with the amount of taxes *°jj^^ |'°'^g^°'" 
 due thereon, and shall include therein, in a separate column prepared. 
 
 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 news- 
 paper is published in said two 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 'n the 
 will be offered for sale for arrears of taxes on the day 
 
 of 19 , 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 of sale. 
 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 conspicuous place upon 
 such property at least twenty days before the day fixed for 
 the sale. 
 
40 Chap. 5. Assessment. 
 
 S^°^*° 3. Such notice shall state the amount of the rates unpaid, 
 
 etc. ' the property proposed to be sold and the time aad place of 
 
 such sale. 
 T? be sold to 4. At the time and place appointed for such sale the assessor 
 bidder. by himself or his agent shall proceed to sell such property 
 
 at public auction to the highest bidder therefor. 
 Form of 5. Upou the Sale of such property to such bidder the assessor 
 
 receipt. gj^^^jj ^jejiygj. ^q ^he purchaser a receipt for the price paid therefor, 
 
 in form G, in the second schedule to this Ordinauce. CO. 
 
 Y.T. c. 54, s. 50. No. 8 of 1903, s. 13. No. 1 of 1906, s. 1. 
 
 Out of price Ol. Out of the price realized at such sale the assessor shall 
 pay'eosts" ^^st pay the costs and expenses of and incidental to such sale 
 expenses and and the Said rates and shall pay the balance to the owner of 
 ba\?nce°*^ such property if known to the assessor unless the said property 
 to owner. is subjcct to a lien or encumbrance. If the owner of such pro- 
 perty 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. C.O.Y.T. c. 64, s. 51. 
 
 J^P^rchaser ©g. If the purchaser of any property at such sale fails 
 property*'^ immediately upon the same being knocked down to him to pay 
 may be resold the assessor or his agent the amount of the purchase price 
 thereof or to deposit with the assessor or 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. C.O.Y.T. c. 64, s. 52. 
 
 Mortgagee ©3, ^.ny mortgagee, judgment creditor or other person 
 
 amount^ue holding any encumbrance upon or against any real property 
 and add same advertised f or sale under the provisions of this Ordinance may 
 to mortgage, pg^y ^j^g rates, costs and expenses incidental to 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 encum- 
 brance. C.O.Y.T. c. 64, s. 53. 
 
 Error n?* to 64. No error, informality or irregularity on the part of the 
 ty ^of* as's^ess-' assessor, the assessment appeal court, the person or persons 
 ment. 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 individual 
 assessment or rate shall not extend to or affect the validity 
 of any general asesssment or of any other assessment or rate. 
 C.O.Y.T. c. 64, s. 54. 
 
 Application to OS. No application for an order for confirmation of a sale 
 
 "o^fi""™ sale of lands or improvements for taxes made under the provisions 
 
 of this Ordinance shall be heard by a judge until three months 
 
Assessment. Chap. 5. 41 
 
 after the said sale and until all persons appearing by the records taxes not to be 
 of the proper Land Titles Office to have any interest in the ^^g^jj^°*i 
 said lands or improvements have received notice of such appli- aneTsaie! 
 cation unless such notice is dispensed with by the judge. 
 
 2. The application to confirm a tax sale made under this To confirm 
 Ordinance may be made by the assessor making the sale, the 
 
 Legal Adviser, or any person interested in the sale on notice 
 to the owner, unless the judge to whom the application is made 
 dispenses with such notice. 
 
 3. Such notice shall be given by summons of the judge Notice to 
 obtained ex parte to be served in such manner as the judge ^ ^^^'^' 
 directs and returnable in one month or such longer time as the . 
 judge directs after service thereof. C.O.Y.T. c. 64, s. 55. 
 
 No. 8 of 1903, s. 15. No. 1 of 1906, s. 2. 
 
 66. Any person interested in such lands or improvements Person 
 may at any time before the time for hearing such application mi^J^pa^'^ 
 redeem the said lands or improvements by paying to the pur- taxes and 
 chaser or his assignee the amount of the purchase money paid, °°^*^- 
 and any further sums charged against the said lands or improve- 
 ments and lawfully paid, together with 20 per cent thereon, 
 
 and such costs as the judge allows. C.O.Y.T. c. 64, s. 56. 
 No. 8 of 1903, s. 15. 
 
 67. From the time of payment to the purchaser or his After 
 assignee of the amounts mentioned in the next preceding section tSeTand ° 
 all right and interest of the purchaser in said lands or improve- costs 
 ments shall cease and determine. mteresr^'^ 
 
 to cease. 
 
 68. Subject to the foregoing provisions, on a,ny application ^^,-^^^1 ^ 
 for an order for such confirmation the production of a receipt evidence"of 
 for the price paid for the said lands or improvements, executed Ordinance 
 by the proper officer, shall be prima facie evidence that all ^fl^^ ^°^' 
 conditions have existed, and all acts been performed and all 
 requirements of this Ordinance in that behalf been complied with 
 necessary to entitle the applicant to the order of confirmation 
 applied for. 
 
 2. If such application be not made until after the expiration ^^g^u^iy ° ^^ 
 of six months from the date of the receipt, such receipt shall evidence if 
 be conclusive evidence that all conditions have existed, and all application to 
 acts been performed and all requirements of the Ordinance madeTor" 
 in that behalf been complied with necessary to entitle the six months. 
 applicant to the order of confirmation applied for, except on 
 one of the following grounds : 
 
 1. Fraud or collusion. 
 
 2. That all taxes have been paid previous to the sale. 
 
 3. That the land was not liable to assessment. C.O.Y.T. 
 c. 64, s. 58. No. 8 of 1903, s. 15. No. 1 of 1906, s. 2. 
 
 69. Forthwith upon the passing of a judge's order con- Assessor to 
 firming any such sale, the assessor shall, in his own name as sive transfer, 
 such assessor, execute and deliver to the purchaser a transfer 
 
 in form "H" in the schedule to this Ordinance, which shall 
 be as effectual to convey all the estate of the owner thereof 
 
42 Chap. 5. Assessment. 
 
 in the property sold 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 des- 
 cription. No. 1 of 1906, s. 3. 
 
 ^°^^°^. ^°^ 70. No action shall be commenced for anything done in 
 
 done must be pursuance of any provision of this Ordinance after six months 
 brought from the date of the act complained of and the place of trial 
 months!*^ of every such action shall be the place where a court is held 
 
 nearest to the place where the cause of action arose. C.O.Y.T. 
 
 c. 64. s. 59. 
 
 Penalty for 71. Any person guilty of any other infraction of any of 
 
 °io^l "^^°' the provisions of this Ordinance other than the provisions of 
 
 section 20 hereof shall be liable to a penalty of not less than 
 
 $25 and not exceeding $500 and to imprisonment for a term not 
 
 exceeding six months. No. 5 of 1906, s. 22. 
 
 FIRST SCHEDULE. 
 
 Personal 1. All personal goods and chattels of every kind and des- 
 
 asses^ed at^^ ^"P*^*'^ ^* their actual cash value, including the bonds and 
 cash value, debentures of all incorporated and joint-stock companies except 
 
 as in this schedule qualified, 
 ^v^^ase 2. The average stock of goods on hand of every merchant, 
 
 assessed. ^ trader, dealer, manufacturer, tradesman or mechanic; such 
 
 average stock to be arrived at by taking the mean between the 
 
 various amounts of goods on hand at different times of the year 
 
 estimated at cost. 
 
Chap. 5 
 
 A3 
 
 .a 
 
 ■a 
 
 w 
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 p 
 
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 m 
 
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 Income. 
 
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 w 
 
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 II 
 
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 Taxes on 
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 191 . 
 
 «* 
 
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 for the 
 
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 «i» 
 
 
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 Exemptions. 
 
 V» 
 
 13 
 
 
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 Personal 
 
 Property. 
 
 *» 
 
■44 Chap. 5 Assessment. 
 
 Form B. 
 Section 7. 
 
 I certify that I have set down in the foregoing Assessment 
 Roll with the names numbered from 1 to No both 
 
 inclusive, all of the land and improvements 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 Assessment Roll contains 
 a true statement of the aggregate amount of the personal 
 property and improvements and of the taxable income of every 
 person named on the said roll, and that I have estimated and 
 set down the same according to the best of my information 
 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., 19 
 
Assessment. 
 
 Chap. 5. 
 
 45 
 
 
 
 H 
 
 
 
 
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 Real 
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 Estate. 
 
 
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 += 03 
 
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 .-d += 
 
 *=! d 
 
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46 
 
 Chap. 5. 
 
 Assessment. 
 
 FOKM D. 
 
 Section 28. 
 
 STJBPCENA AD TESTIFICANDUM. 
 
 Town of To AB, CD and EF (according to the 
 
 number). 
 
 You and every one of you are hereby required to appear before 
 the assessment appeal court at ^ 
 
 in the town of on the day of j*'.^- 
 
 19 at the hour of of the clock in the noon to 
 
 give evidence on the part of on an appeal 
 
 now pending before the said court, wherein the assessment 
 of (or the insertion or omission of the name 
 
 of ) is complained of which you are not to 
 
 omit under the penalty by law in such case made and provided. 
 
 Dated at this day of 
 
 A.D. 19 
 
 Member of the assessment appeal court. 
 
 Form D. 
 Section 28. 
 
 SUBPOENA DUCES TECUM. 
 
 The same as form D above except that the following should 
 be inserted between the words "is complained of" and the 
 word "which," that is to say: 
 
 "And also to bring with you and produce at the time and 
 place aforesaid {^specify the documents to he produced)." 
 
 Form E. 
 
 Section 29. 
 
 Appeals to be heard at a court to be held at 
 on the day of 
 
 19 
 
 Appellant. 
 
 Respecting Whom. 
 
 Matter Complained of. 
 
 A.B. 
 CD. 
 G.H. 
 L.M. 
 
 Self. 
 E. F. 
 J.K. 
 N.O. 
 
 Over-assessed. 
 
 Name omitted. 
 
 Not bona fide owner or occupant. 
 
 Personal property under-assessed. 
 
Assessment. Chap. 5. 47 
 
 Form F, 
 Section 49. 
 
 Take notice that you have been rated in the town of 
 
 for the year 19 for the sum of $ and 
 
 that such sum is due and payable at my office within five days 
 after mailing or posting of this notice. 
 
 Dated at this day of A.D. 19 . 
 
 No. 29 of 1901. 
 
 Collector of Taxes. 
 
 Form G. 
 
 Section 60. 
 
 , Y.T. 
 No. 
 
 TAX SALE INTERIM RECEIPT. 
 
 Roll No. 
 
 , Y.T., 
 
 Received from Mr. 
 the sum of dollars, 
 
 in payment of the following property purchased at tax sale: 
 D. G. S. No Block No. Lot No. 
 
 This receipt to be surrendered to the tax collector on delivery 
 to purchaser of transfer of such property under Sec. 60 of 
 Chapter 5 of the Consolidated Ordinances of the Yukon 
 Territory. 
 
 Tax Collector for 
 
 Form H. 
 Section 69. 
 
 TRANSFER OF LAND ON SALE FOR TAXES. 
 
 I, , of 
 
 in the Yukon Territory, assessor in and for 
 
 , by virtue of authority vested in me to 
 sell lands for arrears of taxes by Chapter 5 of the Consolidated 
 Ordinances of the Yukon Territory and Ordinances in amend- 
 ment thereof, do hereby in consideration of the sum of 
 
 dollars paid to me by of 
 
 transfer to the said all 
 
 that piece of land being (here insert a- sufficient description of the 
 land and refer to the certificate of title). 
 Signed by the above named in presence of 
 
 (Signature with official seal.) 
 
48 
 
 Chap. 6. Auctioneers, Hawkers and Pedlars. 
 
 CHAP. 6. 
 
 An Ordinance respecting Auctioneers, Hawkers 
 and Pedlars. 
 
 "Hawker" 
 or "pedlar" 
 interpreta- 
 tion. 
 
 Must have 
 license. 
 
 Applicant to 
 furnish list 
 of wares. 
 
 1. In this Ordinance the expression " hawker " or " pedlar " 
 means and includes any person who (being a principal or 
 any agent in the employ of any person) goes from house to 
 house selling or offering for sale any goods, wares or merchan- 
 dise or carries and exposes samples or patterns of any goods, 
 wares or merchandise to be afterwards delivered within the 
 Yukon Territory to any person not being a wholesale or retail 
 dealer in such goods, wares or merchandise; but shall not mean 
 or include any persons selling fish or game caught in the Yukon 
 Territory, or farm produce grown in said Territory. No. 11, 
 1903, s. 1. 
 
 3. No person shall follow the calling or pursue the business 
 of an auctioneer, hawker, or pedlar within the Yukon Territory 
 without having first obtained a license therefor, which license 
 shall, when so ordered by the Commissioner, be issued by the 
 Territorial Secretary. No. 11, 1903, s. 2; No. 11, 1914, s. 1. 
 
 3. Every applicant for a hawker's or pedlar's license shall, 
 as part of his application for such license furnish a statement 
 in writing containing a full description of the goods, wares and 
 merchandise which he proposes to sell or offer for sale under 
 such license. No. 11, 1903, s. 3. 
 
 License fee. 
 
 Person not 
 resident of 
 Territory 
 for six 
 months not 
 entitled to 
 license. 
 
 4. On every application for a license under this Ordinance 
 there shall be paid the sum of $25. 
 
 2. No license shall be issued under this Ordinance to any 
 person who at the time of the application therefor has not been 
 a resident of the Yukon Territory and domiciled therein for at 
 least six months immediately preceding the date of such appli- 
 cation. No. 11, 1914, s. 2. 
 
 Restrictions. 5« No hawker or pedlar shall sell or offer for sale any goods, 
 wares or merchandise other than those set forth in his applica- 
 tion for license. No. 11, 1903, s. 5. 
 
 Expiry of 
 license. 
 
 Penalty. 
 
 6. Every license issued under this Ordinance shall expire of 
 the thirty-first day of December of the year in which it is issued. 
 No. 11, 1903, s. 6. 
 
 7. Any person violating the provisions of this Ordinance 
 shall be liable on summary conviction thereof to a fine not 
 exceeding $100 and costs of prosecution. No. 11, 1903, s. 7. 
 
Auctioneers, Hawkers and Pedlars. Chap. 6. 49 
 
 8. The provisions of this Ordinance shall not apply within a Not to 
 municipality nor shall any license be issued under the provisions municipality, 
 hereof in any such municipality, nor shall such provisions apply 
 or any license be issued under the provisions hereof, within any 
 district brought by proclamatioa within the provisions of 
 Section 18 of The Assessment Ordinance. No. 11, 1903, s. 8 ; 
 No. li, 1914, s. 3. 
 
 70263—4 
 
50 
 
 Chap. 7. 
 
 Bills of Sale. 
 
 CHAP. 7. 
 
 An Ordinance respecting Mortgages and Sales of 
 Personal Property. 
 
 SHOBT TITLE. 
 
 Short title. 1. This Ordinance may be cited and known as The Bills of 
 Sale Ordinance. C.O.Y.T. c. 39, s. 1. 
 
 KEGISTBATION DISTRICTS. 
 
 Registration 
 districts. 
 
 2. For the purpose of the registration of mortgages and other 
 transfers of personal property in the Territory the following 
 shall be registratioa districts : 
 
 (a) The registratioa district of "Whitehorse " comprising 
 that part of the Yukon Territory forming the district of the 
 deputy clerk at Whitehorse. 
 
 (6) The registration district of "Dawson," comprising all of 
 
 the Yukon Territory lying to the north of the Whitehorse 
 
 registratioa district. 
 
 New districts. 2. The Commissioner may from time to time constitute any 
 
 other portion of the Territory a registration district and appoint 
 
 a registration clerk therefor and dssignate at what place the office 
 
 of such clerk shall be kept. C.O.Y.T. c. 39, 3. 2. 
 
 Whitehorse 
 district. 
 
 Dawson 
 district. 
 
 REGISTRATION CLERKS. 
 
 Appointments 3. The Commissioner may appoint a registration clerk for 
 by Commis- ggch of Said registration districts, who shall hold office during 
 "9°«''. pleasure and their offices shall be kept at places to be deaigaated 
 
 by the Commissioner. 
 
 2. In the event of any vacancy occurriag in the office of 
 
 registration clerk by reason of death, resignation or otherwise, 
 
 the vacancy shall be filled by the Commissioner. C.O.Y.T. 
 
 c. 39, s. 3. 
 
 Office hours. 4. The registration clerks under this Ordinance shall keep 
 their respective offices open between the hours of ten in the 
 forenoon and four in the afternoon on all days excepting Sundays 
 and holidays, and except on Saturdays and during the period of 
 vacation prescribed by The Judicature Ordinance, when the 
 same shall be closed at one o'clock in the afternoon, and during 
 office hours only shall registrations be made. C.O.Y.T. c. 39, 
 s. 4. 
 
 5. No registration clerk shall draw or prepare any document 
 or conveyance which may be filed or registered in his office under 
 the provisions of this or any other Ordinance. C.O.Y.T. 
 c. 39, s. 5. 
 
Bills of Sale. Chap. 7. 51 
 
 MORTGAGES AND SALES OF CHATTELS. FORM AND 
 REGISTRATION. 
 
 6. Every mortgage or conveyance intended to operate as a Mortgages 
 mortgage of goods and chattels which is not accompanied by an p"^fgj'by 
 immediate delivery and an actual and. continued change of delivery and 
 possession of the things mortgaged shall within thirty days c^iange of 
 from the execution thereof be registered as hereinafter provided goodT'°' ° 
 together with the affidavit of a witness thereto of the due execu- 
 tion of such mortgage or conveyance and also with the affidavit 
 of the mortgagee or one of several mortgagees or the agent of 
 the mortgagee or mortgagees if such agent is aware of all the 
 circumstances connected therewith and is properly authorized by 
 power in writing to take such mortgage in which case a copy of 
 such authority shall be attached thereto (save as hereinafter 
 provided under section 21 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 mort- 
 gage, that it was executed in good faith and for the express 
 purpose of securing the payment of money justly due or accru- 
 ing due and not for the purpose of protecting the goods and 
 chattels mentioned therein against the 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 ffiing thereof. C.O.Y.T. c. 39, s. 6. 
 
 '7. Except as to cases provided in the next following section Mortgage 
 of this Ordinance a mortgage or conveyance intended to operate J^^ ^^ ™ 
 as a mortgage of goods and chattels may be made in accordance pe™edr 
 with form A in the schedule to this Ordinance. C.O.Y.T. e. 39 
 
 s. 7. 
 
 8. In case of an agreement in writing for future advances Mortgage to 
 for the purpose of enabling the borrower to enter into and carry advance*"? 
 on business with such advances and in case of a mortgage of to indemnify 
 goods and chattels for securing the mortgagee repayment of indorsers, etc. 
 such advances or in case of a mortgagee 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 mortgagor not extending 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 
 accompanied 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 duly 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 circumstances connected there- 
 with, then, if accompanied by the affidavit of such agent, such 
 70263—41 
 
52 Chap. 7. Bill of Sale. 
 
 affidavit whether of the mortgagee 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 executed 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 lia- 
 bility for the mortgagor, as the case may be, and not for the pur- 
 pose of securing the goods and chattels mentioned 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. C.O.Y.T. 
 c. 39, s. 8. 
 
 Sale of gooda 9. Every sale, assignment and transfer of goods and chattels 
 bjr*delive^ not accompanied by an immediate delivery and followed by an 
 and change of actual and continued change of possession of the goods and 
 possession. chattels Sold shall be in writing and such 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 sev- 
 eral 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 of holding or enabling the 
 bargainee to hold the goods mentioned therein against the credi- 
 tors 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 absolutely void a^ 
 against the creditors of the bargainor and as against subsequent 
 purchasers or mortgagees in good faith. C.O.Y.T. c. 39, s. 9. 
 
 Affidavit to lo. In the case of a mortgage or conveyance of goods and 
 chattels of any company incorporated by or under any Imperial 
 Act or Charter or by or under any Act or Charter of the Do- 
 minion of Canada or by or under any Ordinance or Charter of 
 the Yukon Territory made to a bondholder or bondholders, or 
 to a trustee or trustees for the purpose of securing the bonds 
 or debentures of such company, instead of the affidavit of bona 
 fides required by sections 6, 8 and 9 of this Ordinance it shall 
 be sufficient for the purposes of this Ordinance if an affidavit 
 be filed too as thereby required, made by the mortgagee or one of 
 the mortgagees, to the effect that the said mortgage or convey- 
 ance was executed in good faith and for the express purpose of 
 securing the payment of the bonds or debentures referred to 
 therein, and not for the purpose of protecting the goods and 
 chattels mentioned therein against the creditors of the mortga- 
 gors, or of preventing the creditors of such mortgagors from 
 obtaining payment of any claim against them. 
 
 be filed. 
 
Bills of Sale. Chap. 7. 53 
 
 2. Any such mortgage may be renewed in the manner Mortage 
 and with the effect provided by section 16 and subsequent renewed. 
 sectioQs of this Ordinance upon the filing of a statement by 
 
 the mortgagee or one of the mortgagees exhibiting the interest 
 of the mortgagee or mortgagees in the property claimed by 
 virtue of the said mortgage, and showing the amount of the 
 bond or debenture debt which the same was made to secure, 
 and showing all paymeats on account thereof which, to the best 
 of the information and belief of the person making such state- 
 ment, have been made or of which he is aware or has been 
 informed, together with an affidavit of the person making such 
 statement, that the statement is true to the best of his knowledge, 
 information and belief, and that the mortgage has not been 
 kept on foot for any fraudulent purpose and such statement 
 shall be filed instead of the statement required by said section 
 16 of this Ordinance. 
 
 3. If any mortgage as aforesaid be made to an incorporated President 
 company, the several affidavits and statements herein mentioned rtc.!'Sc^!' 
 may be * made by the president, vice-president, manager or may make 
 assistant manager of such mortgagee company, or any other affidavits, 
 officer of the company authorized for such purpose. 
 
 4. Where such mortgage or conveyance is made as a security Not neces- 
 for debentures and the by-law authorizing the issue of the renew" 
 debentures as a security for which the mortgage or conveyance mortgage 
 was made, or a copy thereof, certified under the hand of the taijrco"^ndr- 
 president or vice-president and secretary of the company and tions. 
 verified by an affidavit of the secretary thereto attached or 
 indorsed thereon, and having the corporate seal attached 
 thereto, is registered with the mortgage or conveyance, it 
 
 shall not be necessary to renew the said mortgage or conveyance, 
 but the same shall in such case continue to be as valid as if 
 the same had been duly renewed as in this Act provided. 
 
 5. The preceding subsection shall apply to every such A<=«™ed 
 mortgage or conveyance made and registered after the 5th "|ected. 
 day of August, 1909, but nothing herein contained shall affect 
 
 any accrued rights or any litigation pending on the 5th day 
 of August, 1909. No. 10, 1909, s. 1. 
 
 11. Such registration shall only have effect in the regis- Kegistration 
 tration district wherein such registration has been made, district whlr« 
 
 C.O.Y.T. C. 39, S. 10. niade. 
 
 12. In case such mortgage or conveyance and affidavits Omisdon to 
 are not registered as hereinbefore provided or in case the con- false 
 sideration for which the same is made is not truly expressed «*^*^^^^*i°*„ 
 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. C.O.Y.T. c. 39, s. 11. 
 
 13. All the instruments mentioned in this Ordinance whether ^^^"^^'"""^ 
 for the mortgage or sale, assignment or transfer of goods and 
 
 chattels shall contain such sufficient and full description thereof 
 that the same may be readily and easily known and distinguished 
 
54 Chap. 7. Bills of Sale. 
 
 ^fifnment^^ except in the case of assigxxmeats for the general benefit of 
 
 creditors. Creditors in which case the description 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. C.O.Y.T. c. 39, s. 12. 
 
 Registration 14. The proper registration officer for instruments being 
 district where ™'''^*sages and transfers of personal property shall be the 
 property clerk of 'the registration district in which the property des- 
 situate. cribed 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 in- 
 spection of the public, subject to the payment of the proper 
 fees. C.O.Y.T. c. 39, s. 13. 
 
 Clerk to 
 enter 
 
 instruments 
 in a book. 
 
 15. Every such clerk shall number each instrument or 
 copy filed in his office and shall enter in alphabetical order 
 in a book to be provided by him the aames of all the parties 
 to such instrument with the number indorsed thereon opposite 
 to each name; and such entry shall be repeated alphabetically 
 under the name of every party thereto. C.O.Y.T. c. 39, s. 14. 
 
 PROCEDURE UNDER MORTGAGE ON DEFAULT. 
 
 Cause for 
 seizure by 
 mortgagee. 
 
 Default in 
 payment or 
 performance 
 of agreements, 
 
 , Removal of 
 goods. 
 
 Rent or taxes. 
 
 Execution. 
 
 Attempt to 
 dispose of 
 goods. 
 
 16. 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 aay 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 provided 
 for payment or in the performance of any covenant or agree- 
 ment contained in the mortgage or conveyance intended to 
 operate as a mortgage and necessary for maintaining the security; 
 
 2. If the grantor without the written permission of the 
 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 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 
 grantor under any judgment at law; 
 
 5. If the grantor attempts to sell or dispose of or in any 
 way part with the possession of the said goods. C.O.Y.T. 
 c. 39, s. 15. 
 
 RENEWAL OF MORTGAGES. 
 
 Mortgage 17. Every mortgage filed in pursuance of this Ordinance 
 
 to*be*va^d'* shall cease to be valid as against the creditors of the persons 
 
Bills of Sale. Chap. 7. 55 
 
 making the same and against subsequent purchasers or mort- after two 
 gagees in good faith for valuable consideration after the expira- renewed. 
 tion 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 due 
 for principal and interest thereon and of all payments made 
 on account thereof is again filed ia the office of the registration 
 clerk of the district where the property is then situate with an 
 affidavit of the mortgagee 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 auth- 
 orized for that purpose, as the case may be, stating that such 
 statements 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. C.O.Y.T. c. 39, 
 s. 16. 
 
 18. Such statement and affidavit shall be in the following ^^^^{■^ °' 
 form or to the like effect: mortgage. 
 
 STATEMENT exhibiting the interest of CD. in 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 
 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 CD. 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 assignment 
 thereof from the said CD. to him dated the 
 day of 19 , {or 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 follows : 
 
 {Here qive the commutation.) 
 
 CD. 
 
 Yukon Territory, \ I of Affidavit. 
 
 To Wit: J the mortgagee 
 
 named in the chattel mortgage mentioned in the foregoing 
 {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: 
 
56 
 
 Chap. '7. 
 
 Bills of Sale. 
 
 Further 
 renewal 
 yearly 
 after first 
 renewal. 
 
 (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 
 
 C.O.Y.T. c. 39, s. 17. 
 
 19. Another statement in accordance with the provisions 
 of section 17 hereof duly verified as required by that section 
 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 ths day 
 of the filing of the former statement and in default thereof such 
 mortgage shall cease to be valid as aforesaid. C.O.Y.T. c. 39, 
 s. 18. 
 
 Affidavit by 20. The affidavit required by section 17 of this Ordinance 
 persona,]^^'^ ""^ may be made by any next of kia, executor or admiaistrator 
 representative of any deceased mortgagee or by an assigaee claiming by or 
 of assignee, through any mortgagee or any next of kin, executor or adminis- 
 trator of any such assignee; but if the affidavit is made by 
 any assignee, next of kin, executor or administrator of any 
 Filing such assignee the assignment or the several assignments through 
 
 assignments, which such assignee claims shall be filed in the office in which 
 the mortgage is originally filed at or before the time of such 
 refiling by such assignee, next of kin, executor or administrator 
 of such assignee. C.O.Y.T. c. 39, s. 19. 
 
 AGENTS ATJTH DEITY TO TAKE CONVEYANCES. 
 
 Authority for 21. An authority for the purpose of taking or renewing 
 instruments ^ mortgage or Conveyance intended to operate as a mortgage 
 maybe or Sale, assignment or transfer of goods and chattels under 
 
 general. the provisions of this Ordinance may be a general one to take 
 
 and renew all or any mortgages or conveyances to the mort- 
 gagee or bargainee; and provided such general authority is 
 duly filed with the clerk it shall not be necessary to attach a 
 copy thereof to any mortgage filed. C.O.Y.T. c. 39, s. 20. 
 
 "Mortgagee" 
 to include 
 agent or 
 manager of 
 company. 
 
 22. For the purpose of making the affidavit of bona fides 
 required by sections 6, 8 and 9 of this Ordinance and the affi- 
 davit required by section 17 of this Ordinance the expressions 
 "mortgagee," "bargainee," or "assignee" in addition to 
 their primary meaning, means and includes the agent or manager 
 of any mortgagee, bargainee or assignee being an incorporated 
 company. C.O.Y.T. c. 39, s. 21. 
 
Bills of Sale. Chap. 7. 57 
 
 OMISSIONS AND ERRORS. 
 
 23. Subject to the rights of third persons accrued by reason Rectification 
 of such omissions as are hereinafter defined any Judge of the and^wora"^ 
 Territorial Court of the Territory on being satisfied that the 
 omission to register a mortgage 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 misstatement 
 
 of the name, residence or occupation of any person was accidental 
 or due to inadvertence or impossibility in fact, may in his 
 discretion order such omission or misstatement 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. C.O.Y.T. c. 39, s. 22. 
 
 ASSIGNMENT OF MORTGAGES. 
 
 24. In case any registered chattel mortgage has been assigned Filing 
 such assignment may upon proof by the affidavit of a sub- assignments 
 scribing witness be numbered and entered in the book mentioned ° ^°^^s^sea. 
 in section 15 hereof in the same manner as a chattel mortgage 
 
 and the proceedings authorized by sections 26 and 27 of this 
 Ordinance may and shall be had upon a certificate of the assignee 
 proved in manner aforesaid. C.O.Y.T. c. 39, s. 23. 
 
 DISCHARGE OF MORTGAGES. 
 
 25. Where any mortgage of goods and chattels is regis- Discharge of 
 tered under the provisions of this Ordinance such mortgage "^°^ ^^^^' 
 may be discharged by the filing in the office in- which the same 
 
 is registered of a certificate signed by the mortgagee, his exe- 
 cutors or administrators in form B in the schedule hereto or 
 to the like effect. C.O.Y.T. c. 39, s. 24. 
 
 26. The officer with whom such chattel mortgage is filed Entry and 
 upon receiving such certificate duly proved by the affidavit o° discharge 
 of a subscribing witness shall at each place where the number of mortgage. 
 of such mortgage has been entered with the name of any of 
 
 the parties thereto in the book kept under section 15 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 number of certificate)"; and 
 he shall also indorse the fact of such discharge upon the instru- 
 ment discharged and shall affix his name to such indorsement. 
 C.O.Y.T. c. 39, s. 25. 
 
 2*?. Any person filing a discharge of mortgage or a partial Certificate of 
 discharge of mortgage as aforesaid shall be entitled to ask discharge. 
 for and receive from such clerk a certificate (other than the 
 certificate which might be indorsed on a copy or duplicate 
 
68 
 
 Chap. T. 
 
 Bills of Sale. 
 
 of the mortgage as aforesaid) of such discharge or partial dis- 
 charge in the form following or to the like effect: 
 
 Form of Yukon Territory, 
 certiiicate. Registration 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) E.M., Clerk.. 
 
 C.O.Y.T. c. 39, s. 26. 
 
 Mortgaged 
 goods not to 
 be removed 
 without 
 notice. 
 
 Removal of 
 goods to 
 another 
 district. 
 
 REMOVAL OF CHATTELS MORTGAGED. 
 
 28. No goods or chattels under mortgage shall be removed 
 into another registration district without a notice of the inten- 
 tion to remove be mailed post paid and registered to the 
 mortgagee at his last known place of address not less than 
 twenty days prior to such removal. C.O.Y.T. c. 39, s. 27. 
 
 29. In the event of the permanent removal of goods and 
 chattels mortgaged as aforesaid from the registration district 
 in which they were at the time of the execution of the mortgage, 
 to another registration district before the payment and dis- 
 charge of the moj^gage a certified copy of such mortgage under 
 the hand of the registration clerk in whose office it was first 
 registered and of the affidavit and documents and instruments 
 relating thereto filed in such office, shall be filed with the regis- 
 tration 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 
 vmder 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. 
 C.O.Y.T. c. 39, s. 28. 
 
 Certified 
 copies. 
 
 EVIDENCE, CERTIFIED COPIES. 
 
 30. Copies of any instrument filed under this Ordinance, 
 certified by the registration clerk, shall be received as prima 
 fade evidence for all purposes as if the original instrument 
 was produced and also as prima fade evidence of the execution 
 of the original instrument according to the purport of such copy 
 and the clerk's certificate shall also be prima fade evidence 
 of the date and hour of registration and filing. C.O.Y.T. 
 c. 39, s. 29. 
 
Bills of Sale. Chap. 7. 59 
 
 AFFIDAVITS. 
 
 31. 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 authorized 
 
 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 every oath thus administered. C.O.Y.T. c. 39, s. 30. 
 
 EXPIRY ON HOLIDAY OF TIME. FOB FILING. 
 
 32. Where under any provisions of this Ordinance the Time for 
 time for registering or filing any mortgage, bill of sale, instru- exJ^^g „„ 
 ment, document, affidavit or other paper expires on a Sunday Sunday or 
 or other day on which the office in which the registering or JioUday. 
 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 far as regards the time of doing or 
 making the same be held to be duly done or made if done or 
 made on the day on which the office shall next be open. C.O.Y.T. 
 c. 39, s. 31. 
 
 clerk's fees. 
 
 33. For services under this Ordinance each clerk aforesaid Clerk's fees. 
 shall be entitled to receive the following fees: 
 
 1. For filing each instrument and affidavit, including the 
 certificate on a duplicate, if any, and for entering the same in 
 a book as aforesaid, $2; 
 
 2. For filing assignment of each instrument and for making 
 all proper indorsements in connection therewith, $2; 
 
 3. For filing certificate of discharge of each instrument and for 
 making all proper entries and indorsements connected there- 
 with, $2; 
 
 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 words; 
 
 6. For every certificate under section 26 of this Ordinance, 
 $2. C.O.Y.T. c. 39, s. 32. 
 
 SCHEDULE. 
 
 Form A. ' 
 
 (Section 7.) 
 
 MORTGAGE OF CHATTELS. 
 
 This Indenture made the day of A.D. 19 
 
 between A.B., 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 A.B. 
 hereby acknowledges {or whatever else the consideration may be) 
 
60 Chap. 7. Bills of Sale. 
 
 he the said A.B. doth hereby assign to the said CD. his execu- 
 tors, administrators and assigns all and singular the 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 I and interest thereon at the rate of 
 
 per cent per annum (or whatever else may be the rate) and the 
 said A.B. doth further agree and declare that he will duly pay 
 to the said CD. the principal sum aforesaid together with the 
 interest then due on the day of 
 
 A.D. 19 (or whatever else may he 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 
 16 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.) 
 
 A.B. 
 
 Form B. 
 (Section 25.) 
 
 DISCHABGE 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.D. 19 
 
 and was registered (or in case the mortgage has been renewed 
 was renewed) in the office of the registration clerk of the regis- 
 tration district of on 
 the day of A.D. 19 as 
 number (here mention the day and date 
 of registration of each assignment thereof and the names of the 
 parties or mention that such mortgage has not been assigned as 
 the fact may be) and that I am the person entitled by law to 
 receive the money; and that such mortgage is therefore dis- 
 charged. 
 
 Witness my hand this day of A.D. 19 
 
 Witness (stating residence and \ 
 occupation.) \ A.B. 
 
 E.F. 
 
Vital Statistics. Chap. ,8» 61 
 
 CHAP. 8. 
 
 An Ordinance respecting the Registration of Births, 
 Marriages and Deaths. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Vital Statistics Ordir Short title. 
 nance. C.O.Y.T. c. 6, s. 1. 
 
 INTERFKETATION. 
 
 2. In this Ordinance, unless the context otherwise requires — 
 
 1. The expression "head of the department" means the V^^^'^ °f % 
 head of the department administering this Ordinance; department. 
 
 2. The expression "department" means the department "Depart- 
 administering this Ordinance; ™^° " 
 
 3. The expression "occupier" where used in sections 8 and "Occupier." 
 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 
 
 pubhc or private charitable institution. C.O.Y.T. c. 6, s. 2. 
 
 ADMINISTRATION . 
 
 3. The Commissioner may direct this Ordinance to be Administra- 
 administered by the head of any department; and in the absence Territorial 
 of any such direction the Ordinance shall be administered by Secretary. 
 the Territorial Secretary. C.O.Y.T. c. 6, s. 3. 
 
 REGISTRATION DIVISIONS REGISTRARS. 
 
 4. For the purposes of this Ordinance the Commissioner Registration 
 shall establish divisions for the registration of births, mar- ^■^'®'°°^- 
 riages and deaths occurring within the limits of such divisions 
 
 and shall appoint registrars therefor. C.O.Y.T. c. 6, s. 4. Registrars. 
 
 5. The department shall from time to time supply the ^orms. 
 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. 
 
 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. C.O.Y.T. c. 6, s. 5. 
 
62 
 
 Chap. 8. 
 
 Vital Statistics. 
 
 Monthly 
 returns . 
 
 6. Each registrar shall within the first week of each month, 
 in every year transmit to the department duly certified under 
 his hand the forms containing the original entries of all births, 
 marriages or deaths reported to him during the previous month. 
 C.O.Y.T. c. 6, s. 6. 
 
 Persons to 
 
 register 
 
 births. 
 
 Registrar's '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. C.O.Y.T. 
 
 c. 6, s. 7. 
 
 REGISTRATION OF BIRTHS. 
 
 8. The father of any child bom in the Territory or (in 
 case of his death or absence) 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 knowledge 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 regis- 
 trar of the division in which the child was born, giving as far 
 as possible the particulars required 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. C.O.Y.T. 
 c. 6, s. 8. 
 
 ^^^*T*'°"t ®* ^^ registering the birth of an illegitimate child, it shall 
 children!™* ^ lot be lawful for the name of any person to be entered as the 
 father unless at the joint request of the mother and of the 
 person acknowledging himself to be the father; arid in all 
 cases of the registration of the birth of illegitimate children 
 the registrar shall write the word "Illegitimate" in the column 
 set apart for the name of the child and immediately under 
 the name if any. C.O.Y.T. c. 6, 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 altered 
 or (if it was registered without a name) when a name is given it, 
 the parent or guardian of the child or other person procuring 
 such name to be altered or given may within two years next 
 after the date of the birth deliver to the department 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. 
 C.O.Y.T. c. 6, s. 10. 
 
 REGISTRATION OF MARRIAGES. 
 
 clCTgymanto ^^' E'very clergyman, minister, or other person authorized 
 report. by law to Celebrate marriages shall be required to report every 
 
Vital Statistics. Chap." 8. 63 
 
 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 particulars 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 particulars required by said form B. C.O.Y.T. c. 6, s. 11. 
 
 REGISTRATION OF DEATHS. 
 
 12. The occupier of the house or tenement in which a death Who shall 
 takes place or (if the occupier is the person who has died) then d^ft^f 
 some one of the persons residing in the house in which the death 
 
 took place or (if the death has not taken place within a house) 
 then any person present at the death or having any knowledge 
 of the circumstances attending the same or the coroner attending 
 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 behef all the particulars required to be 
 registered touching such death, according to form C in the 
 schedule to this Ordinance. C.O.Y.T. c. 6, s. 12. 
 
 13. Every registrar shall (immediately upon registering Certificate o 
 any death or as soon thereafter as he is required so to do) ''^s'^*''**'""- 
 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 particulars of such 
 death have been duly registered. C.O.Y.T. c. 6, s. 13. 
 
 14. Every clergyman, minister or other person who buries Clergyman to 
 or performs any funeral or religious service for the burial of deaths' if not 
 any dead body (unless he has received a certificate under the hand registered 
 
 of the registrar of the division in which the death took place before burial, 
 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 C 
 in the schdule to this Ordinance to the registrar of the diAdsion 
 in which the death took place. C.O.Y.T. c. 6, s. 14. 
 
 15. Every duly qualified medical practitioner who was Doctor to 
 last in attendance dm-ing the last illness of any person shall of^gatiT"^^ 
 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 registrar for blank forma for that purpose; 
 and upon the receipt of the certificate from the medical practi- 
 tioner by the registrar he shall attach the same to the form 
 as provided in form C in the schedule hereto containing the 
 particulars of such death. C.O.Y.T. c. 6, s. 15. 
 
64 
 
 Chap. 8. 
 
 Vital Statistics. 
 
 ^arXkere to Every superintendent, caretaker or owner of any ceme- 
 
 report burials ^^ry Or burial ground whether pubhc or private permitting 
 
 unless previ- any dead body to be interred in the grounds over which he has 
 
 tered/^^'^' 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 seven 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. 
 
 C.O.Y.T. c. 6, s. 16. 
 
 Penalty for 
 neglect of 
 registration. 
 
 PENALTY FOR DEFAULT OF EEGISTERING. 
 
 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 neglect- 
 ing 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 prq- 
 secuting defaulters. C.O.Y.T. c. 6, s. 17. 
 
 Correction of 
 erroneous 
 entry, etc. 
 
 Registration 
 after two 
 
 CORRECTION OF ERRORS — ^SUBSEQUENT REGISTRATION. 
 
 18. If it is discovered that any error has been made in 
 the entry of any birth, marriage or death then (upon the 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. C.O.Y.T. c. 6, s. 18. 
 
 19. Every registration of a birth, marriage or death shall 
 be made within the time specified; but nothing herein contained 
 shall prevent the 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, marriage 
 or death shall not be registered except with the written 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. C.O.Y.T. c. 6, s. 19. 
 
 RETURNS. 
 
 Vital statis- 20. The retums of births, marriages and deaths shall be 
 b "Y^^tT^ *° transmitted by registrars to the department by registered 
 department. 
 
Vital Statistics. Chap. 8. 65 
 
 mail; and shall be arranged, indexed and kept in the archives 
 of the department; and any person shall be entitled to have 
 them searched during the regular business hours of the depart- 
 ment on payment of twenty-five cents for each search and to Fees for 
 require extracts duly certified by the head of the department search and 
 on payment of fifty cents for each such certificate. certificate. 
 
 (2) In case such searches are required to be made and extracts 
 to be furnished before the returns have been transmitted 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 section; 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 : 
 
 Provided that any coroner shall be entitled to have the Proviso, 
 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 fade evidence of the facts therein stated in any 
 court. C.O.Y.T. c. 6, s. 20. 
 
 REGULATIONS. 
 
 21. The Commissioner may from time to time make such Commis- 
 further rules, orders and regulations as are required for the ^°^®J ^.^^^ 
 purpose of effectually obtaining the information required 
 by this Ordinance. C.O.Y.T. c. 6, s. 21. 
 
 PENALTIES AND PBOSECUTIONS. 
 
 22. Any person who knowingly or wilfully makes or causes Penalty (or 
 to be made a false statement touching any of the particulars ment^*"** 
 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. C.O.Y.T. c. 6, s. 22. 
 
 23. For the purpose of proceedings under this Ordinance Place of 
 or any order or regulation made thereunder, every offence hereunder, 
 against this Ordinance or any such order or regulation shall 
 
 be deemed to have been committed and every cause of complaint 
 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. C.O.Y.T. 
 c. 6, s. 23. 
 
 70263—5 
 
66 
 
 Chap. 8. 
 
 Vital Statistics. 
 SCHEDULE. 
 
 FORM A.— SECTION 8. 
 
 REGISTRATION OF BIRTH. 
 
 Registration Division of 
 
 When Born 
 
 
 Name 
 
 
 Sex 
 (male or female.) 
 
 
 Name and surname 
 of father. 
 
 i 
 
 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 to the 
 best of my knowledge and belief. 
 
 Given under my hand at the day of 19 
 
 Informant. 
 
 I hereby certify the foregoing to be the true and correct 
 original entry of birth returned to me on the above mentioned 
 date. 
 
 Given imder my hand at the day of 19 
 
 Registrar. 
 
Vital Statistics. 
 
 Chap. 8. 
 
 67 
 
 FORM B— SECTION 11. 
 
 REGISTRATION OF MARRIAGE. 
 
 Registration Division of 
 
 His name. 
 
 BRIDEGROOM. 
 
 Age. 
 
 
 Residence 
 when married. 
 
 
 Place of birth. 
 
 
 Bachelor or widower 
 (b or w) 
 
 
 Rank or profession . 
 
 
 Religious denomina- 
 tion. 
 
 
 Names of parents. 
 
 
 Her name. 
 
 BRIDE. 
 
 Age. 
 
 
 Residence, 
 when married. 
 
 
 Place of birth. 
 
 
 Spinster or widow, 
 (s or w.) 
 
 
 Religious denomin- 
 ation. 
 
 
 Name of parents. 
 
 
 Names and resi- 
 dences of witnesses. 
 
 
 Date of 
 marriage. 
 
 
 By License or banns. 
 (l or B.) 
 
 
 Remarks. 
 
 
 70263—5^ 
 
Chap. 8. , Vital Statistics. 
 
 I hereby ceittify the foregoing to be true and correct to the 
 best of my knowledge and belief. 
 
 Given 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 men- 
 tioned date. 
 
 Given under my hand at the day 
 
 of 19 
 
 Registrar. 
 
Vital Statistics. 
 FORM C— SECTION 12. 
 
 REGISTRATION Off DEATH. 
 
 Chap. 8. 
 
 69 
 
 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 
 
 Informant. 
 
 I hereby certify the foregoing to be the true and correct 
 original entry of death returned to me on the above mentioned 
 date. 
 
 Given under my hand at the day of 19 
 
 Registrar. 
 
70 Chap. 8. Vital Statistics. 
 
 FORM D,— SECTION 13. 
 
 I, 
 Division of 
 
 particulars of the death of 
 have been duly registered. 
 
 Given under may 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 
 
 
 
 
 Duration 
 
 
 surname of 
 
 Sex. 
 
 Resi- 
 
 Rank or 
 
 of 
 
 Cause of 
 
 deceased. 
 
 
 dence. 
 
 profession. 
 
 illness. 
 
 death. 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 \ 
 
 
 
 
 
 
 
 
 I hereby certify the foregoing to be a true and correct certi- 
 ficate of the cause of the death of the person therein named. 
 
 Given under my hand at this day 
 
 of , 19 
 
 M.D. 
 
Boilers Inspection. Chap. 9. 71 
 
 CHAP. 9. 
 
 An Ordinance Respecting the Inspection of Steam 
 Boilers and the Examination of Engineers. 
 
 SHOBT TITLE. 
 
 1. This Ordinance may be cited as The Steam Boiler Ordi- Short title. 
 nance. C.O.Y.T. c. 7, s. 1. 
 
 INTERPBETATION. 
 
 3. In this Ordinance unless the context otherwise requires — interpreta- 
 
 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 
 square 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 person, "Owner." 
 firm or corporation, the owner or lessee of a boiler and the 
 manager or other head officer in charge of the business of any 
 
 such firm or corporation; 
 
 3. The expression "engineer" means any person having charge "Engineer." 
 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 "<:!ommis- 
 Territory under the provisions of this Ordinance. C.O.Y.T. ^'°"^'"" 
 
 c. 7, 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 ° ^^^^^'^ °^^- 
 for the purpose of carrying out the provisions of this Ordinance 
 
 and may fix the remuneration to be paid such inspector or 
 inspectors. C.O.Y.T., c. 7, s. 3. 
 
 4. No person holding the office of inspector under the inspectors to 
 
 have no 
 
 provisions of this Ordinance shall be either directly or indirectly interest 
 
 in 
 
 interested in the sale of boilers or steam machinery. C.O.Y.T. sale of boilers 
 
 (• 7 o A or steam 
 
 I/. J , o. t. machinery. 
 
 5. Every inspector appointed under the provisions of this Oath of office 
 Ordinance shall before entering upon the performance of his *° ^^ **''®"' 
 duties take and subscribe an oath that he will faithfully and 
 impartially perform the duties of his office. C.O.Y.T. c. 7, s. 5. 
 
72 Chap. ©. Boilers Inspection. 
 
 Duties of 6. The inspectors appointed under this Ordinance sh&U — 
 
 inspectors. (^j) Inspect all new steam boilers within their respective 
 
 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 inside 
 
 and out and by a hammer test after the hydrostatic 
 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 certi- 
 cate; 
 
 (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 pressure 
 boilers the water shall not be less than four inches 
 above crown of flue sheet in upright boilers; 
 
 (m) Satisfy themselves that means for blowing out are 
 provided so that mud, sediment or scale may be 
 removed while the boiler is under steam. C.O.Y.T., 
 c. 7, s. 6. 
 
 Certain ly, -phe provisions of this Ordinance respecting the inspection 
 
 exempted of boilers shall not apply to any boiler insured and inspected 
 
 from by any duly incorporated boiler insurance company doing 
 
 thS^ordinance. business in Canada if the owner or owners of such boilers shall 
 
 when required by an inspector appointed under the provisions 
 
 of this Ordinance produce the certificate of inspection from such 
 
 company. C.O.Y.T. c. 7, s. 7. 
 
 Inspectors 8. For the purpose of seeing that the provisions of this 
 
 premises^"^ Ordinance are complied with any of the inspectors appointed 
 
 under this Ordinance may at any reasonable hour enter upon 
 
 any lands or into any building where any steam boiler is operated. 
 
Boilers Inspection. Chap. 9. 73 
 
 2. Any person interfering with or obstructing any inspector 
 in the performance of his duties under this Ordinance shall be 
 guilty of an offence and liable on summary conviction to a 
 penalty not exceeding $100. C. 0. Y. T. c. 7, s. 8. 
 
 9. Every owner of a boiler shall cause it to be inspected at Boilers to be 
 least once in each and every year by an inspector appointed Annually. 
 under the provisions of this Ordinance and shall pay to such 
 inspector a fee of $5 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. Upon the completion of any inspection the inspector shall Certificate 
 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 ^"^"f*'"" 
 owner upon the demand of an inspector appointed under 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 Ordinance shall 
 be guilty of an infraction of this Ordinance. 
 
 5. AH boilers of fifteen nominal horse-power or under, used 
 for mining or prospecting purposes shall be inspected by the 
 boiler inspector free of charge, and the use of such boiler prior 
 to such inspection shall not be deemed an infraction of this 
 Ordinance. C.O.T.Y. c. 7, s. 9; No. 19, 1903, s. 7; No. 12, 
 1907, s. 7. 
 
 10. In subjecting to hydrostatic tests boilers usually desig- Hydrostatic 
 nated as high pressure, inspectors shall assume one hundred and t^^^^- 
 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. C.O.Y.T. c. 7, s. 10. 
 
 11. Inspectors shall rate the working pressure of all boilers working 
 according to their strength as compared with the standard pressure of 
 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. C.O.Y.T. c. 7, 
 s. 11. 
 
 IS. In addition to the annual inspection of all boilers re- Owner to ^ 
 quired by this Ordinance it shall be the duty of each inspector ^he"re°' ^' 
 to examine and inspect at any time any boilers which may be quired, 
 reported to him to be in an unsafe condition and to notify in 
 writing the owner or person using such boiler to make such re- 
 pairs as he deems necessary in order to render such boiler 
 serviceable and safe for use. C.O.Y.T. c. 7, s. 12. 
 
 13. Any boiler declared to be unsafe by an inspector shall Unsafe 
 not be used until such repairs as are ordered by the inspector tote'^u^ed 
 have been made, and any person operating a boiler declared to 
 be unsafe by an inspector before the repairs ordered by the 
 
74 
 
 Penalty. 
 
 Chap. 9. 
 
 Boilers Inspection. 
 
 Provision of 
 fusible plug. 
 
 inspector are completed shall be guilty of an offence ^d upon 
 summary conviction thereof liable to a penalty of $100. C.O. 
 Y.T. c. 7, 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 furnace when the 
 water therein falls below the prescribed limit so that the plug 
 will fuse and put the fire out. C.O.Y.T. c. 7, s. 14. 
 
 Steam gauge, jg^ Every steam boiler shall be provided with a reliable 
 steam gauge of approved make. C.O.Y.T. c. 7, 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 covering 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. C.O.Y.T. c. 7, s. 16. 
 
 Boilers in l^. Inspectors shall have the right at all reasonable hoius 
 
 construction *° examine boilers in course of construction or undergoing 
 
 or repair may repair and to refuse to grant a certificate of inspection for any 
 
 •be examined, boiler found to be improperly constructed or repaired or of 
 
 which permission to make such inspection has been refused. 
 
 C.O.Y.T. c. 7, s. 17. 
 
 Record to 
 be kept. 
 
 Annual 
 report. 
 
 Only 
 licensed 
 engineers 
 to operate 
 boilers over 
 15 h. p. 
 
 Four 
 classes of 
 en^neers. 
 
 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 con- 
 nection with boilers in his district. C.O.Y.T. c. 7, s. 18. 
 
 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 the pre- 
 ceding year, and of all accidents and casualties that may have 
 happened connected with the operation of steam boilers within 
 his district. C.O.Y.T. c. 7, s. 19. 
 
 20. No person shall operate a steam engine or boiler of 
 a greater capacity than fifteen horse-power nor shall any owner 
 employ any person to operate any such engine or boiler unless 
 he is of the full age of twenty-one years and has obtained a 
 license as hereinafter provided. No. 19, 1903, s. 1. 
 
 21. There shall be four classes of persons entitled to take 
 charge of a steam engine or boiler. 
 
 (a) The first class shall be engineers qualified to take charge 
 of any steam engine or boiler. 
 
 (5) The second class shall be engineers qualified to take 
 charge of any steam engine or steam boiler not exceeding 100 
 nominal horse-power. 
 
Boilers Inspection. Chap. 9. 75 
 
 (c) The third class shall be engineers qualified to take charge 
 of any steam engine or boiler not exceeding 50 nominal horse- 
 power. 
 
 (d) The fourth class shall be firemen qualified to take charge 
 of any boiler when under the general supervision of an engineer 
 of the first, second or third class, according to the rating of the 
 boiler. No. 12, 1907, s. 2. 
 
 22. Any candidate who considers he has been unfairly Appeal from 
 dealt with may appeal in writing to the "Commissioner, who i°speotor. 
 shall refer the appeal to a Board of three engineers holding 
 first-class certificates, said Board to be appointed by the Com- 
 missioner and to hold office at his pleasure. 
 
 (a) The Board shall, at once, cause such grievance to be Decision of 
 investigated and shall give a decision in the matter which f°^i'"'^ *° ^^ 
 shall be final. 
 
 (b) The Board, with the inspector, shall also act as a Board ?oar<i of 
 of Inquiry in all boiler accidents occurring within its juris- boiier^ ^" 
 
 diction. accidents. 
 
 (c) All engineers on taking or leaving a position must notify ^(Jta"*^^'^ *° 
 the inspector in writing. fnspeetors. 
 
 (d) The rating of the horse-power of all boilers in use in Rating of 
 the Yukon Territory shall be calculated by the inspector accord- horse-power. 
 ing to the following schedule: 
 
 Twelve square feet of heating surface per nominal horse- 
 power for internally fired boilers. 
 
 Fifteen square feet of heating surface per nominal horse- 
 power for externally fired boilers. No. 12, 1907, s. 2. 
 
 23. The Territorial Secretary shall cause to be prepared List to be 
 a list of the engineers, entitled to operate an engine and boiler p'^^p*'^^ ■ 
 under this Ordinance, and shall specify therein the kind of engine 
 
 and boiler such engineers may operate. Said list shall include 
 the names of all persons who were on the seventeenth day of 
 October, 1903 possessed of certificate of qualification under 
 the Steam Boiler Ordinance. No. 19, 1903, ss. 3. and 4. 
 
 24. In addition to the persons so entitled to be entered ^*^^^^^'^' 
 on said list, every person who is the holder of a certificate of ^^ybe" 
 qualification from any incorporated body authorized to grant entered on list, 
 such certificates of qualification for operating steam boilers 
 
 and engines or from the Dominion or any Provincial Gov- 
 ernment, or from any other competent authority in any other 
 portion of the British Empire or the United States of America, 
 shall be entitled upon making application to the Territorial 
 Secretary and upon payment of a fee of $5, to obtain a 
 certificate of qualification and to be registered under the provi- 
 sions of this Ordinance. No. 19, 1903, s. 5. 
 
 25. Any other person who may desire to qualify for' regis- Persons 
 tration and to obtain a certificate entitling him to operate ^ecoSf *e°n- 
 steam boilers and engines connected herewith in the Territory gineers to 
 and who shall have served twelve months as engineer, fireman S^g 
 
 or oiler shall pass an examination before one of the inspectors ^^ 
 
76 
 
 Chap. 
 
 Boilers Inspection. 
 
 montha appointed under this Ordinance to~ prove that he has the 
 
 eiamSion. necessary knowledge of the construction, care and operation 
 of stationary steam boilers and engines connected therewith; 
 if the inspector conducting such examination is satisfied as 
 to the knowledge and qualification of the candidate, and also 
 as to his having served the term of twelve months as herein 
 provided, he shall upon obtaining a fee of $5 issue a certificate 
 to that effect and stating the kind of boiler and engine said 
 candidate may operate. No. 12, 1907, s. 3 and No. 9, 1908, s. 2. 
 
 Second- 
 class engi- 
 neer may 
 be assistant 
 to first-class 
 engineer. 
 
 Third-class 
 engineer 
 may be as- 
 sistant to 
 second-class 
 engineer. 
 
 26. On all steam plants of over 100 horse-power where 
 two or more engineers are employed it shall only be obligatory 
 that the engineer in charge shall hold a first-class certificate. 
 In such cases the holder of a second-class certificate shall be 
 considered duly qualified to act as assistant or second engineer. 
 
 2. On all steam plants of over 50 horse-power and not 
 more than 100 horse-power, when two or more engineers are 
 employed it shall only be obligatory that the engineer in charge 
 shall hold a second-class certificate. In such cases the holder 
 of a third-class certificate shall be considered duly qualified 
 to act as assistant or second engineeer. 
 
 3. Not more than one certificated engineer shall be required 
 to be on duty in connection with any one plant. No. 12, 1907, 
 s. 4. 
 
 ST. It shall be the duty of the boiler inspector to make 
 all examinations of applicants for engineers' certificates in 
 writing and in accordance with the schedule hereto annexed, 
 questions and answers both to be placed on file and retained 
 in the ofiice of said inspector, such file to be open during office 
 hours to the Board appointed by the Commissioner as provided 
 for in section 22 of this Ordinance. No. 12, 1907, s. 5. 
 
 Additional 38. AH engineers holding second- and third-class certifi- 
 
 requiredfor cates under any former Ordinance shall be confined to the 
 rating under rating of boilers fixed by said Ordinance. Said engineers 
 Lanc?."^**" shall be required to pass an additional examination to become 
 
 qualified under the rating of engineers fixed by this Ordinance. 
 
 The applicant for such examination shall pay an examination 
 
 fee of $2.50. No. 12, 1907, s. 6. 
 
 Examination 
 to be in 
 writing, etc. 
 
 Certificate to 
 be posted or 
 produced to 
 inspector. 
 
 Absence or 
 non-produc- 
 tion of 
 certificate. 
 
 39. Every person holding a certificate under this Ordinance 
 shall 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 inspection 
 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 oper- 
 ating the engine and boiler has no certificate. C.O.Y.T. c. 7, 
 s. 23. 
 
Boilers Inspection. Chap. O. 77 
 
 30. In case any owner of a steam boiler shows to the satis- fotUiT^in 
 faction of an inspector that he is unable by reason of some absence of 
 unforeseen occurrence to immediately secure the services of a certified 
 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 appli- 
 cation 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 such Fee for per- 
 permit issued by him. C.O.Y.T. c. 7, s. 25. '"'*■ 
 
 EEGUIiATIONS AND FOKMS. 
 
 31. 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. C.O.Y.T. c. 7, s. 26. 
 
 33. The fees payable under this Ordinance shall be paid Fees. 
 into the general revenue fund. C.O.Y.T. c. 7, s. 27. 
 
 PENALTIES. 
 
 33. Any person guilty of a breach of any of the .provisions Penalties. 
 of this Ordinance for which no provision is herein made shall 
 
 on summary conviction thereof be liable to a penalty not 
 exceeding $100. C.O.Y.T. c. 7, s. 33. 
 
 34. Notwithstanding anything contained in this Ordinance No license 
 no male person above the age of eighteen years shall be obliged outside 
 to obtain a certificate entitling him to operate any steam boiler Dawson, 
 or engine outside of the towns of Dawson, Whitehorse and ^*''' 
 Klondike City. No. 9, 1908, s. 1. 
 
 SCHEDULE. 
 
 Form A, — Section 9. 
 
 CERTIFICATE 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 arid connections have found 
 the same in condition 
 
 and therefore authorize a steam pressure of 
 
 pounds as a working pressurefor the said 
 boiler and no more. 
 
 Dated this day of 
 
 A.D., 19 
 This certificate expires on the day of 
 
 19 
 
 Inspector. 
 
78 Chap. O. Boilers Inspection. 
 
 Rules to Be Observed in the Examination of Engineers. 
 
 Section 29. 
 
 Examination 
 for fireman. 
 
 Examination 
 for third- 
 class engi- 
 neer. 
 
 Fireman. 
 
 The fireman will be required (1) to possess some elemen- 
 tary knowledge of boiler management under working steam 
 pressure; (2) to know the use to which the different fittings 
 are put; (3) to be able to ascertain when they are working 
 properly and how to act should they get out of good working 
 order so as to secure complete safety; (4) to know the manner 
 of firing economically and skilfully and the methods for keeping 
 boilers clean internally, and (5) how to act in case of low water 
 and hot plates, etc. 
 
 Third-Class Engineer. 
 
 The third-class engineer will be required (1) to possess, 
 in addition to the requirements of a fireman, a general ele- 
 mentary knowledge of how boilers are constructed, set in 
 brick work and fitted up complete with all connections; (2) to 
 be able to keep pipes and fittings in good tight condition; 
 (3) to understand foaming, priming, incrustation, corrosion, 
 and their remedies; (4) to be able to detect anything going wrong 
 or weakness developing; (5) to have had at least one year's 
 experience as fireman in this Territory or elsewhere, and, 
 (6) generally to understand the working of a steam engine, 
 and to be able to handle and attend to the same in case the 
 establishment be not large enough to warrant the employment 
 of two engineers. He shall be able to read and write a legible 
 hand and understand the first five rules of arithmetic. 
 
 Examination 
 for second- 
 class engi- 
 neer. 
 
 Second-Class Engineer. 
 
 The engineer of the second class will be required (1) to 
 have had at least two years' experience in the handling of a 
 steam engine as per third class; (2) to understand the design 
 and construction of steam boilers and engines, and the principle 
 that regulates the strength and design of the various parts and 
 details of same; (3) to be conversant with the setting of engine 
 valves; (4) to be able efficiently to supervise the working of said 
 boilers and to keep in good safe condition; (5) to know how to 
 read and write a legible hand, and (6) to be conversant with the 
 first five rules of arithmetic and decimals. 
 
 Examination 
 for first- 
 class engi- 
 neer. 
 
 FIRST-CLASS ENGINEER. 
 
 The engineer of the first class must be able, (1) to take 
 charge of any boiler; (2) calculate the thickness of plates 
 required for a boiler of given dimensions and construction to 
 carry a fixed pressure of steam, and also the dimensions and 
 construction of the boiler and thickness of plates; (3) being 
 given the pressure that the boiler may carry he must be able to 
 
Boilers Inspection. Chap. O. 79 
 
 calculate the strength of its stays, connections, joints and other 
 parts, the tensile and crushing strength of the material used 
 in its construction; (4) to calculate the required capacity of the 
 feedpump, the area of the safety valve for a boiler of given 
 size or dimensions, and the power of the engine from a diagram 
 of its workings; (5) to define the position of the crank and 
 eccentric as indicated by a diagram; (6) know the relative 
 volume of steam and water at given temperatures and pressures, 
 the chemical constituents of coal, its heating and mechanical 
 equivalents and the quantity of air required for its combustion ; 
 (7) to be competent to make a working drawing of any part of 
 an engine, and explain the operation of the engine or any of its 
 parts in connection with the whole; (8) to be conversant with 
 surface condensation and the working of steam expansively, 
 and, (9) he must understand the construction of and be able 
 to maintain in a working condition dynamos of ordinary types; 
 (10) his knowledge of arithmetic must include the extraction 
 of the square and cube root. The examination will be made 
 viva voce, but may be in writing in certain cases, at the discretion 
 of the inspector, who may, at any time, if he deems it necessary, 
 re-examine the applicant. 
 
80 
 
 Chap. lO. 
 
 Bread, Weight and Sale of 
 
 CHAP. 10. 
 
 An Ordinance to Provide for the Weight and Sale of 
 
 Bread. 
 
 Bread ven- 
 dor to keep 
 scales. 
 
 No deleteri- 
 ous material 
 to be 
 used. 
 
 Duties and 
 powers of 
 Medical 
 Health 
 Officer. 
 
 Bread ven- 
 dors to as- 
 sist Medical 
 Health 
 Officer in 
 his duties. 
 
 1. Every vendor of bread shall keep scales and weights 
 suitable for the weighing of bread in a conspicuous place in 
 his shop, and every vendor of bread shall weigh the bread 
 offered for saleif requested. No. 2, 1907, s. 1. 
 
 3. No person shall use any deleterious material in making 
 any bread for sale. No. 2, 1907, s. 2. 
 
 3. It shall be lawful for the medical health officer at all 
 reasonable hours to enter into, inspect and examine every 
 bakery and baker's shop and other buildings or premises in the 
 Yukon Territory where any bread is or shall be baked, stored 
 or deposited or offered for sale, and to inspect and examine all 
 flour and materials therein intended to be used in the making 
 of bread for sale, and also to examine all bread found therein, 
 and to weigh the same, and also to examine every vehicle and 
 sleigh on which bread may be placed or stored in the said 
 Territory for the purpose of delivery before and after the sale 
 thereof, and to examine all bread found therein, and to weigh 
 the same and to seize and carry away any bread found under 
 weight or any bread made contrary to the provisions of this 
 Ordinance and to prosecute all breaches of this Ordinance, and 
 all such bread as shall be found deficient in weight or made 
 contrary to the provisions of this Ordinance shall be seized and 
 forfeited to the Territory in such manner as may be directed 
 by the Commissioner, and if any unwholesome flour or any 
 deleterious material intended to be used in the making of bread 
 for sale shall be found in any bakery or shop or on the premises 
 thereof, the medical health officer shall take away a small 
 sample thereof for the purpose of evidence. No. 2, 1907, s. 3. 
 
 4. Every person making or selling any bread or having 
 or offering any bread for sale or for delivery upon or after 
 sale or in supply of contract or being in possession or in charge 
 of any bread for sale or delivery within the said Yukon Terri- 
 tory or of any bakery or shop within the said Territory, for the 
 making of bread, or of any vehicle or sleigE for the delivery 
 of bread before or after sale thereof shall, upon the request of 
 the medical health officer, submit to and permit and assist the 
 inspection, weighing and examination of such bread under this 
 Ordinance and also the inspection of his vehicle or sleigh for the 
 delivery of bread, and also his bakery or shop and all bread 
 therein, and also all flour, meal and materials found therein 
 intended to be used in the making of bread for sale, and for 
 that purpose shall open all ways, doors, locks, and fastenings 
 
Bread, Weight and Sale of Chap. 10. 81 
 
 in and about the same and in and about all cupboards, boxes 
 and compartments therein, and no such person or persons as 
 aforesaid shall, nor shall any other person whomsoever in any 
 way thwart, refjise, impede, hinder, or prevent any such inspec- 
 tion, weighing and examination of bread or the inspection of 
 any vehicle or sleigh for the delivery of bread, or any bakery 
 or shop or any flour, meal or other materials therein intended 
 for use or to be used in the making of bread for sale. No. 2, 1907, 
 s. 4. 
 
 5. The inspection and weighing provided for in the third Allowances 
 section of this Ordinance shall be made not less than once in o? bread, 
 each month, and upon any such weighing the following allow- 
 ances shall be made, that is to say: for bread made twelve hours 
 
 and under twenty-four hours previously, one ounce light weight 
 to be allowed for each loaf of two pounds weight, and two 
 ounces for each loaf of four pounds weight; for any period 
 over twenty-four hours double the allowance in each case 
 respectively shall be made. No. 2, 1907, s. 5. 
 
 6. Any person or persons found guilty of an infraction of any Penalty. 
 of the provisions of this Ordinance shall be liable, on summary 
 conviction, to a fine of not less than $10 and not exceeding 
 $100, and in default of payment to imprisonment with or 
 without hard labour for a term not exceeding one month. No. 2, 
 1907, s. 6. 
 
 7. This Ordinance shall only apply to the city of Dawson. J^^^g^^'" 
 No. 2, 1907, s. 7. oiJy.^°° 
 
 70263—6 
 
82 Chap. 11. Protection of Bridges. 
 
 CHAP. II. 
 
 An Ordinance for the protection of Bridges. 
 Penalty for 1, Evcrv person who rides or drives any animal or vehicle 
 
 driving across il • i j. x xi n • 
 
 bridge faster over any bridge or causeway at a pace greater than a walking 
 than at a pace shall be liable to a penalty not exceeding fifty dollars, and 
 
 in default of payment, to imprisonment for a term not exceeding 
 
 thirty days. C.O.Y.T. c. 15, s. 1. 
 
 walk. 
 
 Penalty for 2. Every person who moors, makes fast, or in any way 
 boate'.Ttc, to attaches any raft, steamboat, vessel, boat, barge or other 
 bridges. ' floating body to any bridge or to any pier, pile, trestle or abut- 
 ment 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. C.O.Y.T. c. 15, s. 2. 
 
Cemeteries. Chap. 12. 83 
 
 CHAP. 12. 
 An Ordinance respecting Cemeteries. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Cemetery Ordinance, short title 
 C.O.Y.T. c. 63, s. 1. 
 
 INCORPORATION OF COMPANIES. 
 
 3. Any number of persons not less that ten may form them- Conditions of 
 selves into a company for the ptiirpose of establishing one or incorporation. 
 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 — 
 (o) Subscribed stock to an amount adequate to the pur- 
 chase of the ground required for such cemetery; a ad 
 
 (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 twenty- 
 five per cent of the capital stock intended to be raised; 
 and 
 
 (d) Deposited such instrument, or a duplicate thereof, to- 
 gether with a receipt from the treasurer for the first 
 instalment of twenty-five per cent in the office of the 
 Territorial Secretary; C.O.Y.T. c. 63, s. 2. 
 
 3. Notice of the formation of the proposed company shall be Territorial 
 forthwith given by the Territorial Secretary in the Yukon Official Secretary to 
 Gazette, setting forth the name of the said company and the ofproposed'"^ 
 persons constituting the same and from and after the date of formation of 
 the publication of such notice the persons therein named and "o^P'^^y- 
 their successors shall be a body corporate 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 Powers. 
 alienate both real and personal estate for all the purposes of 
 the company. C.O.Y.T. c. 63, s. 3. 
 
 4. The instrument referred to in section 2 of this Ordinance F*"'™ of 
 may be in the form following:— instrument. 
 
 " 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 Ordi- 
 nance, and we do hereby agree that the capital stock of the said 
 70263— 6§ 
 
84 
 
 Chap. 12. 
 
 Cemeteries. 
 
 company shall be dollars to be divided into 
 
 shares of dollars each entitling the holder to 
 
 one hundred superficial feet; and we the undersigned share- 
 holders 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. 
 
 NO. OF SHARES. 
 
 AMOUNT. 
 
 C.O.Y.T. c. 63, s. 4. 
 
 TRUSTEES OF RELIGIOUS BODIES. 
 
 Organization 
 of board of 
 trustees. 
 
 Land to be 
 outside town. 
 
 5. When any one or more religious societies or congregations 
 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 common of such soci- 
 eties or congregations such society or congregation or societies 
 or congregations as the case may be, may appoint trustees 
 to whom and their successors to be appointed 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 succession 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 thereof 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 town for 
 such establishment within the limits. C.O.Y.T. c. 63, s. 5, 
 
 ot^'succeSora ®' ^^ ^^^ ^^®^ °^ Conveyance or transfer of such land does 
 to trustees, ^ot Specify the manner in which the successors to the 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 successors of the trustees for 
 
Cemeteries. Chap. 13. 85 
 
 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 congregation or societies or congregations 
 and signed by the accredited agents of such society or congre- 
 gation 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. C.O.Y.T. 
 c. 63, s. 6. 
 
 7. Such trustees shall within twelve months after the execu- Transfer of 
 tion of the deed of conveyance or transfer cause the deed or registered, 
 transfer to be registered in the land titles office of the Yukon 
 
 land registration district, otherwise the said deed shall be 
 void. C.O.Y.T. c. 63, s. 7. 
 
 8. The trustees and their successors shall thenceforth hold Purposes 
 and convey the land for the purpose exclusively of a cemetery ° 
 
 or place for the burial of the dead. C. 0. Y.T., c. 63, s. 8. 
 
 PROVISIONS AFFECTING COMPANIES. 
 
 9. From and out of the proceeds of the sales of burial sites interest on 
 
 1 1 ii ii i -x 1. paid-up stock. 
 
 made by the company the company may pay to its snare- 
 holders who may not desire to take land in the cemetery 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 share- 
 holders the amount of paid-up stock held by them not repre- 
 sented 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 rights shareholders, 
 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. 
 
 3. Except as aforesaid ao dividend or profit of any kind When no 
 shall be paid by the company to any member thereof. CO. payable 
 Y.T. c. 63, s. 9. 
 
 10. Subject to the provisions in the next preceding^ section ^jPPjj.'^feds 
 contained one half of the proceeds of all sales of burial sites of sale, 
 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 incidental 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 embellishment of the cemetery and to the 
 incidental expenses thereof, and to no other purpose whatever. 
 C.O.Y.T. c. 63, s. 10. 
 
86 
 
 Chap. 13. 
 
 Cemeteries. 
 
 ?sZrehoMer **' ^'^^^'^ 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. C.O.Y.T. c. 63, s. 11. 
 
 of"directors" ^^' ^'^^^J shareholder who has paid to the company not 
 less than $5 in all on his share or shares shall be eligible as a 
 director. C.O.Y.T. c. 63, s. 12. 
 
 Size of lots. 
 Rights of 
 owners. 
 
 Board of 
 directors. 
 
 Choice of 
 directors. 
 
 Qualification 
 of share- 
 holders 
 to vote. 
 
 President. 
 
 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. C.O.Y.T. 
 c. 63, s. 13. 
 
 14. The affairs and property of the company shall be managed 
 by three directors, a majority of whom shall form a quorum. 
 C.O.Y.T. c. 63, s. 14. 
 
 15. The first directors, shall be chosen by ballot from among 
 the subscribers to the instrument creating the company; and 
 thereafter the directors shall be annually elected by the share- 
 holders on the first Monday in June in every year. C.O.Y.T. 
 c. 63, s. 15. 
 
 16. Upon every election of directors, including the first, 
 every shareholder shall be entitled to one vote for every share 
 he holds or is possessed 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. 
 C.O.Y.T. c. 63, s. 16. 
 
 IT. The directors or a majority of them shall at their first 
 meeting elect one of their number to be president of the com- 
 pany 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. CO. 
 Y.T. c. 63, s. 17. 
 
 Calls on 
 stock. 
 
 18. The directors may also call for instalments on the 
 sums subscribed for and may appoint a time for the payment 
 thereof, and if the same are not then paid the right of the 
 subscriber and every instalment formerly paid shall be forfeited 
 FoTteHnre for a^fj j^e shall be held not to have subscribed unless the directors 
 non-paymen . .(.j^jj^jj. j^. expedient to remit the forfeiture which they may do if 
 the instalments are paid with interest within one year after 
 the day when they ought to have been paid. C.O.Y.T. c. 63, 
 s. 18. 
 
 Records. 19. The directors shall record in a book kept for the purpose, 
 
 all their by-laws and proceedings, and every shareholder shall 
 
Cemeteries. Chap. 12. 87 
 
 have access to such book for the purpose of searching and 
 making extracts therefrom, without payment of any fee. 
 C.O.Y.T. c. 63, s. 19. 
 
 20. The directors may reserve for the exclusive use of Exclusive 
 any religious society or congregation such part of the cemetery '■^^^'^ation. 
 upon such terms and conditions as are agreed upon. C.O.Y.T. 
 
 c. 63, s. 20. 
 
 21. The company shall furnish graves for strangers and Graves for 
 for the poor of all denominations free of charge on the certificate, andS 
 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 purchase a lot in the cemetery. 
 C.O.Y.T. c. 63, s. 21. 
 
 GENERAL PROVISIONS. 
 
 22. The company shall within two years from its incor- Walls and 
 poration and the trustees shall within two years from their ^^'"'^s- 
 appointment by walls or other fences inclose every part of the 
 cemetery held by them. C.O.Y.T. c. 63, s. 22. 
 
 23. The company or trustees as the case may be shall Repair of 
 keep the cemetery and the buildings and fences thereof in P''°perty. 
 complete repair and in good order and condition. C.O.Y.T. c. 
 
 63, s. 23. 
 
 24. The company or trustees as the case may be shall Drains and 
 make all proper and necessary sewers and drains in and ^®^^"- 
 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 the 
 consent in writing of the person having the management 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 damage as possible to the street, 
 road or land within which the same is made and restoring it 
 to the same or as good condition as it was in before being 
 disturbed. C.O.Y.T. c. 63, s. 24. 
 
 25. If the company or trustees as the case may be at any Penalty for 
 time cause or suffer to be brought to or to flow in any river, '°"i'°2 water. 
 spring, well^ stream, canal, reservoir, aqueduct, pond or watering 
 
 place any offensive inatter from the cemetery whereby the 
 water is fouled the company or trustees as the case may be 
 shall forfeit for every such offence $500. C.O.Y.T. c. 63, s. 25. 
 
 26. The said penalty with full costs of suit may by a civil Suit for 
 action in any court of competent jurisdiction, be recovered by P™^i*y- 
 any person having a right to use the water; but the penalty Limitation 
 and costs shall not be recoverable unless sued for during the °' action. 
 continuance of the offence or within six months after it has 
 ceased. C.O.Y.T. c. 63, s. 26. 
 
88 
 
 Chap. 12. 
 
 Cemeteries. 
 
 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 sustained 
 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. C.O.Y.T. c. 63, 
 s. 27. 
 
 No grave 
 
 near 
 
 buildings. 
 
 Proper 
 conduct of 
 funerals. 
 
 Exemption 
 from taxes 
 and seizure. 
 
 By-laws. 
 
 Record of 
 regulations 
 and burials. 
 
 Penalties. 
 
 28. No body shall be buried in a vault or other space under 
 any chapel or other building in the cemetery nor within fifteen 
 feet of the outer wall of any such chapel or building. C.O.Y.T. 
 c. 63, s. 28. 
 
 29. The company or trustees as the case may be shall 
 make regulatioj3.s to ensure all burials within the cemetery 
 being conducted in a decent and solemn manner. C.O.Y.T. 
 c. 63, s. 29. 
 
 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. C.O.Y.T. c. 63, s. 30. 
 
 31. The directors of the company may pass by-laws and 
 the trustees may frame regulations for the laying out, selling 
 and management of the cemetery and for regulating the erection 
 of tombs, monuments and gravestones therein; and the directors 
 of the company may pass by-laws empowering the president 
 to execute conveyances of plots to shareholders. C.O.Y.T. 
 c. 63, s. 31. 
 
 32. The directors shall keep a record of the by-laws and 
 the trustees shall keep a record of the regulations referred 
 to in 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 be 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. C.O.Y.T. c. 63, s. 32. 
 
 33. Any person who in a cemetery established under 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; 
 
Cemeteries. Chap. 13. 89 
 
 shall on summary conviction thereof be liable to a fine not 
 exceeding $100 and costs of prosecution. C.O.Y.T. c. 63, s. 33. 
 
 34:. The trustees shall be personally liable for any judgment Liability of 
 recovered against them as trustees. C.O.Y.T. c. 63, s. 34. trustees. 
 
90 
 
 Chap. 13. Clerk and Deputy Clerk of Court. 
 
 CHAP. 13, 
 
 An Ordinance respecting the Clerk and Deputy Clerk 
 of the Court. 
 
 DEPUTY CLERK. 
 
 Clerk of 
 court to 
 appoint 
 deputy. 
 
 1. The clerk of the Territorial Court shall appoint a deputy 
 at Whitehorse and such deputy clerk shall have and perform 
 the powers, duties and obligations hereinafter mentioned. 
 C.O.Y.T. c. 18, s. 1. 
 
 DEPUTY CLEHK S DISTRICTS. 
 
 District of 
 deputy. 
 
 2. For the purposes hereinafter mentioned the district of 
 the said deputy clerk shall consist of all the Yukon Territory 
 lying south of the 62nd degree of latitude. C.O.Y.T. c. 18, s. 2. 
 
 DEPUTY CLERK S POWERS AND DUTIES. 
 
 Where action 
 may be 
 commenced. 
 
 Powers and 
 duties of 
 deputy. 
 Seal and 
 books. 
 
 Probate. 
 
 Guardianship 
 of persona. 
 
 Guardianship 
 of estates. 
 
 Proceedings 
 commencing 
 without writ. 
 
 3. All actions and other proceedings commenced in the 
 office of the said deputy clerk shall be carried on in the same 
 office and in respect thereof such deputy clerk shall in all 
 respects have and perform all the powers, duties and obligations 
 of the clerk of the court; and such deputy clerk shall have and 
 use a duplicate of the seal of the court used by the clerk and 
 keep such books as are kept by the clerk. 
 2. And in respect of the following matters : 
 
 (a) Applications for letters probate or letters of admin- 
 istration where the deceased died within the deputy 
 clerk's district or where the whole of the "estate in 
 respect whereof letters probate or letters of adminis- 
 tration are applied for lies within the deputy clerk's 
 district; 
 (&) Applications for the appointment of a guardian of the 
 estate of an infant or a lunatic where the infant or the 
 lunatic resides within the deputy clerk's district; 
 
 (c) Applications for the appointment of a guardian of the 
 
 estate of an infant or a lunatic where the infant or the 
 lunatic resides within the deputy clerk's district; or 
 where the whole of the estate to be affected lies 
 within the deputy clerk's district; 
 
 (d) Proceedings commenced by originating summons 
 and proceedings originating by petition, notice of 
 motion, or judge's summons where the solicitor for 
 the applicant resides in a deputy clerk's district; 
 
 such deputy clerk shall and in applications of the character 
 of those marked (a) and (c) where a part only of the property 
 to be affected lies within the deputy clerk's district such deputy 
 
Clerk and Deputy Clerk of Court. Chap. 13. 91 
 
 clerk may have and perform all the powers, duties and obliga- 
 tions of the clerk. C.O.Y.T. c. 18, s. 3. 
 
 4. In any action, suit or other proceeding wherever com- Examination 
 menced if it is desired to examine a person for discovery and discovery. 
 such person resides within the district of the said deputy clerk 
 
 such deputy clerk shall for the purposes of such examination 
 have and perform all the powers, duties and obligations of the 
 clerk. C.O.Y.T. c. 18, s. 4. 
 
 5. In respect of appeals from convictions or orders made Appeals from 
 by ajustice of the peace under the authority of any Ordinance """"^'"^lo^s. 
 relating to matters within the legislative authority of the 
 
 Yukon Council or under the authority of a municipal by-law 
 where the conviction or order is made within the district of the 
 said deputy clerk the office of such deputy clerk shall be the 
 office of the court in which all proceedings relating to such 
 appeal shall be carried on and in respect thereof such deputy 
 clerk shall have and perform all the powers, duties and obliga- 
 tions of the clerk. C.O.Y.T. c. 18, s. 5. 
 
 PEOCESS ISSUERS. 
 
 6. In any section of the Territory where the convenience of Process 
 the public may be the better served the clerk with the approval '^™®''^- 
 of the judge may also appoint a process issuer who being supplied 
 with blank forms original and mesne processes signed by the 
 clerk may issue the same under his direction from time to time, 
 such process issuer countersigning each one so issued and 
 making returns of all processes so issued to the clerk as required 
 
 by the clerk or as directed by the judge and in such cases the 
 clerk and his sureties shall be responsible for all the acts and 
 omissions of such issuer. C.O.Y.T. c. 18, s. 6. 
 
 SECUBITIES AND OATHS OF OFFICE OF CLERK. 
 
 7. The clerk before entering upon the duties of his office ^^^^^ ^'* 
 and if after entering upon his duties a new security is sub- security of 
 stituted for any previously given shall file in the office of the office. 
 Territorial Secretary a copy, certified as such by the Secretary 
 
 of State for Canada, of the security required by and given under 
 The North-West Territories Act or of such substituted security. 
 C.O.Y.T. c. 18, s. 7. 
 
 8. Such security shall be available to and may be sued Security may 
 upon by any person suffering damages by the default, breach ^ ™® 
 
 of duty or misconduct of such clerk. C.O.Y.T. c. 18, s. 8. 
 
 9. A copy of such security purporting to be such, certified Certified 
 by the Territorial Secretary, shall be received in all courts as evidence. 
 'prima facie evidence of the due execution and contents thereof . 
 without further proof. C.O.Y.T. c. 18, s. 9. 
 
92 
 
 Chap. 13. Clerk and De-puty Clerk of Court. 
 
 Right of 
 action on 
 security. 
 
 Deputy clerk _ lO. The deputy clerk before entering upon the duties of 
 security. ^^^ office shall give security to the Commissioner to the satis- 
 faction of the Commissioner in the sum of one thousand dollars 
 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 non- 
 performance or improper or undue performance of any such 
 duties or obligations or by reason of the non-payment over 
 of any such moneys shall have and possess a right of action 
 against such deputy clerk and his sureties upon such security 
 for the amount of such damages. C.O.Y.T. c. 18, s. 10. 
 
 Clerk not 11. The clcrk shall not after the giving of such security 
 
 for^de^ut'^ by Ms Said deputy be answerable or accoimtable for the acts 
 epu y. ^^ non-performance or improper performance of the duties 
 and obligations of' his said deputy. C.O.Y.T. c. 18, s. 11. 
 
 Deputy clerk 12. Every deputy clerk appointed under the provisions 
 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 Ordin- 
 ance and also the oath of allegiance. 
 
 2. All such oaths shall be filed in the office of the Terri- 
 torial Secretary immediately after being taken. C.O.Y.T. 
 c. 18, s. 12. 
 
 Disposition of 
 books, etc., 
 when 
 vacancy 
 occurs. 
 
 Forcible 
 recovery of 
 office books, 
 etc. 
 
 VACANCY. 
 
 13. Whenever a vacancy occurs in the office of clerk and 
 until the same is filled by the proper authority the books, 
 records, moneys and other matters and things the property 
 of the Government of the Territory shall be handed over by 
 the person in whose possession or control they are to such 
 person as the court appoints to receive the same and such 
 appointee during such vacancy is authorized to perform the 
 duties of the clerk of the court. 
 
 2. Without prejudice to any other powers of the court or 
 judge by way of attachment, committal or otherwise, the judge 
 may on summary application make an order directing the 
 sheriff or other person named by him to take and seize such 
 books, records, moneys and other things wheresoever foimd 
 and for such purpose may authorize such sheriff or other person 
 to break and open any doors and windows, buildings or inclo- 
 sures and such order shall be full justification to such sheriff 
 or other person for any action taken in pursuance thereof. 
 C.O.Y.T. c. 18, s. 13. 
 
 PROHIBITION FROM PRACTICE AS SOLICITOR. 
 
 Clerk or 14. No clerk or deputy clerk while holding office shall 
 
 act a*/ °°* *° Pi'actise as a barrister or solicitor of the Territory or be a 
 solicitor. member of any firm of barristers or solicitors practising in the 
 Territory. C.O.Y.T. c. 18, s. 14. 
 
Clerk and Deputy Clerk of Court. Chap. 13. 93 
 
 2. This section shall not apply to such clerk while acting Shall not 
 as Legal Adviser for the Commissioner of the Yukon Territory ^f^^^ *° 
 and for the Yukon Council, and only when the matter in litiga- acting as 
 tion affects any interest or property of the Yukon Territory, or Legal Ad- 
 any Department or interest of the public service, or property for^commL 
 of the Dominion of Canada and for such legal services the sioner ot 
 Legal Adviser shall not be entitled to any fees. No. 4, 1911, s. 1. DomiS°'' 
 
 Government. 
 BOOKS AND FOBMS. 
 
 15. All necessary books and forms required for use in the Books and 
 clerk's or deputy clerk's offices may be provided by and shall forms. 
 be the property of the Yukon Government. G.O.Y.T. c. 18, 
 s. 15. 
 
 SCHEDULE. 
 
 Deputy Clerk's Oath of Office. 
 
 I, do swear that I will truly and 
 
 faithfully perform the several duties of deputy clerk of the 
 Territorial Court of the Yukon Territory 
 
 to which 
 I have been appointed without fear, favour or malice. So 
 help me God. 
 
 Sworn before me at 1 
 
 in the Yukon Territory, > 
 this day of 19 I 
 
94 Chap. 14. Chemists and Druggists. 
 
 CHAP i4. 
 An Ordinance respecting Chemists and Druggists. 
 
 SHORT TITLE. 
 
 Short title. 1. This Ordinance may be cited as the Pharmaceutical 
 Chemists' Ordinance. C.O.Y.T. c. 50, s. 1. 
 
 REGISTERED QUALIFICATIONS. 
 
 Pharmaceu- 2. The Territorial Secretary shall cause to be prepared a 
 ticai register. j.ggigter to be called a "Pharmaceutical Register" for the 
 Yukon Territory. C.O.Y.T. c. 50, s. 2. 
 
 entered i*n^* 3. He shall forthwith cause to be entered in such register 
 register. the date of entry and name of: — 
 
 Persons 1. Any person who shall produce satisfactory evidence that 
 
 'raot^fed ^® ^^^ been engaged in the actual practice of the profession or 
 
 business of a chemist and druggist or dispensing chemist or 
 
 apothecary in the Yukon Territory on or before the ].2th day 
 
 of September, 1902, and who was then a resident of the Yukon 
 
 Territory. 
 
 Persons 2. Any person possessing a diploma or certificate of per- 
 
 certifi^ates mission to practise as a pharmaceutical chemist in any part of 
 
 from British His Majesty's Dominions by any Pharmaceutical Association or 
 
 college. College of Pharmacy empowered by law to grant such diplomas 
 
 or certificate. 
 Persons 3. Any person on the 10th of July, 1903, serving or acting 
 
 five'^ars^^ as clerk or manager in any drug store in the Yukon Territory 
 who has served at least five years with a pharmaceutical chemist 
 who has passed any examination prescribed by or under the 
 provisions of the Pharmaceutical Chemists Ordinance, Chapter 
 50 of the Consolidated Ordinances, 1902, or of this Ordinance, 
 and in all other respects complied with the provisions of said 
 Chapter 50 or of this Ordinance and produces from such phar- 
 maceutical chemist with whom he has served a certificate of 
 service and of good character. C.O.Y.T. c. 50, s. 3; No. 4, 
 1903, s.l. 
 
 Fee of $25 to 4. The Territorial Secretary shall enter in such register no 
 ^*' ' person until he has paid to the Territorial Treasurer a fee of $25. 
 C.O.Y.T. c. 50, s. 4. 
 
 No person to 5. No person shall carry on business in the Yukon Terri- 
 tmsmess ^ory as a pharmaceutical chemist unless his name has been 
 unless entered in such register under the provisions of this Ordinance. 
 
 registered. C.O.Y.T. C. 50, S. 5. 
 
Chemists and Druggists. Chap. 14. 95 
 
 6. No name shall be entered in the register except the Ter- Name not be 
 ritorial Secretary is satisfied by proper evidence that the person registOT''unie°88 
 claiming is entitled to be l-egistered, and any entry fraudulently entitled. 
 
 or incorrectly made may be erased by the Territorial Secretary. 
 C.O.Y.T. c. 50, s. 6. , 
 
 7. Upon any person being registered as aforesaid he shall be Person 
 entitled to receive a certificate in Form B, in schedule 1 hereto registered 
 or to like effect, signed by the Territorial Secretary and shall certSe. 
 be entitled to a similar certificate annually upon payment of 
 
 the annual fee as provided in section 14 of this Ordinance. 
 C.O.Y.T. c. 50, s. 7. 
 
 EXAMINATION OF STUDENT CLEKKS. 
 
 8. The Commissioner may from time to time appoint a board Commis- 
 of two or more examiners in pharmacy who shall prepare all f °°^nt*° 
 exarnination papers and make rules to govern the qualification, board of 
 service and registration of clerks as qualified pharmaceutical examiners, 
 chemists, subject however to the approval of the Commissioner. 
 C.O.Y.T. c. 50, s. 8. 
 
 9. Every candidate for examination shall produce evidence Candidates to 
 that he has served at least two years in a drug store in the Yukon p^duoe 
 Territory and shall pass an examination which shall embrace hlving^sCTved 
 chemistry, pharmacy, botany, materia medica, reading and t^o years 
 translating prescriptions and practical dispensing and such other examfnattona. 
 subjects as may be prescribed imder the provisions of this 
 Ordinance, and upon producing the required certificates shall 
 
 be registered as a pharmaceutical chemist. C.O.Y.T. c. 50, 
 s. 9. 
 
 10. The examination referred to shall take place and be Examinations 
 regulated by such rules and regulations as may be in force at j^°^j '^®^"" 
 the time such examination is held, and all candidates for the 
 
 same shall pay such fees as may be imposed by such rules or regu- 
 lations. C.O.Y.T. c. 50, s. 10. 
 
 11. The board of examiners shall have authority notwith- Board to 
 standing anything contained in this Ordinance to prescribe the subleots^ 
 subjects which candidates for competency shall be examined in, 
 
 and to establish a scale of fees to be paid by persons applying Fix fees. 
 for examination, subject, however, to the approval of the Com- 
 missioner. C.O.Y.T. C.50, s. 11. 
 
 12. A certificate of the examiners recommending the regis- Certificate of 
 tration of any clerk as qualified and entitled to be registered as ^'^ 
 
 a qualified pharmaceutical chemist shall entitle sujh clerk to be 
 registered on payment of the registration fee. 
 
 2. "Clerk " under this Ordinance shall mean any person "Clerk." 
 who has given notice in accordance with section 13 of this 
 Ordinance. C.O.Y.T. c. 50, s. 12. 
 
96 Chap. 14. Chemists and Druggists. 
 
 SERVICE OF CLERKS NOTICE. 
 
 give'notfce. ^^' 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 
 
 chemist or druggist with whom he is serving; 
 (6) 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, 
 t^b** n^^'d ^' ■'^'^y person having before the passing of this Ordinance 
 
 o e a owe . ggjyg^j ^g g^ 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. 
 Eecord of 3. The Territorial Secretary shall keep a record of all such 
 
 notices. notices and of the particulars required to be set forth as provided 
 
 in the- next preceding section. C.O.Y.T. c. 50, s. 13. 
 
 ANNUAL FEE. 
 
 Annual fee. 14. Every person whose name is entered on the chemists' or 
 druggists' register shall on or before the 30th day of June in 
 each year pay the Territorial Treasurer a fee of $10 and be 
 entitled to a receipt therefor. C.O.Y.T. c. 50, s. 14. 
 
 PHARMACEUTICAL CHEMISTS PRESCRIPTIONS. 
 
 Only 15. Any person registered and no other shall be entitled a 
 
 pefstm to^be " Pharmaceutical Chemist," and no other except a pharmaceu- 
 pharmaoeu- tical chemist as aforesaid or his clerk shall be authorized to 
 tical chemist, compound as aforesaid prescriptions of medical practitioners or 
 other persons. C.O.Y.T. c. 50, s. 15. 
 
 REMOVAL OF NAME FROM REGISTER. 
 
 Names of 16. The Territorial Secretary shall erase from such re- 
 
 payb°^fee* gi^ter the name of every person who does not on or before 
 to be erased, the 30th day of June in any year produce such receipt signed 
 by the Treasurer, or other satisfactory evidence showing pay- 
 ment of such annual fee and the name of any such person may 
 be re-entered on the register upon payment 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 Secretary. C.O.Y.T. c. 50, s. 16. 
 
 Name of 17. Any person who makes any false representation for 
 
 maBne false *^® purpose of Securing the entry in the register of his name 
 
 ^^^ or in the course of applying to have his name entered in the 
 
Chemists and Druggists. Chap. 14. 97 
 
 register shall forfeit the right to have his name entered in the If^^'^r'h*" 
 register and if the same has been entered in the register it shall erased, 
 be erased therefrom and a note made by the Territorial Secre- 
 tary of the cause of such erasure. C.O.Y.T. c. 50, s. 17. 
 
 1 8. Every registered pharmaceutical chemist who has If guilty of 
 after due inquiry been adjudged or found by the board ofsJJ,n™i®^' 
 examiners appointed by the Commissioner to be guilty of conduct to 
 infamous conduct in any professional respect, or, ^"^ erased. 
 
 2. To have made any material misrepresentation to the Or of misre- 
 Territorial Secretary in order to secure his name on the register, p^'^^^"*^*'""- 
 
 3. To have been convicted of any crime punishable by Or if con- 
 imprisonment in the penitentiary, shall forfeit the right to crim^ ° 
 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. C.O.Y.T. c. 50, s. 18. 
 
 PUBLICATION OF LIST. 
 
 19. The Territorial Secretary shall on or before the lOthL'sttobe 
 day of July in each year publish in the Yukon Official 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. C.O.Y.T. c. 50, s. 19. 
 
 SALE OF POISONS. 
 
 20. It shall be unlawful to keep open any shop for dispensing, No P^^|°^g*° 
 retailing or compounding poisons, other than those contained unless 
 
 in schedule 3 hereto, or to assume the title "chemist and drug- registered, 
 gist" or "pharmaceutical chemist" or "druggist" or "phar- 
 macist" or "apothecary" or "dispensing chemist" or "dis- 
 pensing druggist" in any part of the Yukon Territory unless 
 such person is registered under provisions of this Ordinance. 
 C.O.Y.T. c. 50, s. 20. 
 
 21. No person selling any article or articles in violation Cannot , 
 of the provisions of this Ordinance shall recover any charges ••«<'°^«'' p"'=«- 
 in respect thereof in any court of law or equity nor shall any 
 
 branch drug business be carried on by a pharmaceutical chemist 
 unless he employs in it a duly registered pharmaceutical chemist. 
 C.O.Y.T. c. 50, s. 21. 
 
 22. Any person transgressing any other of the provisions Penalty, 
 herein contained or selling any poison in violation thereof 
 shall, except as otherwise provided, on the first offence incur 
 
 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. C.O.Y.T. c. 50, s. 22. 
 
 70263—7 
 
98 Chap. 14. Chemists and Druggists. 
 
 PENALTIES ONUS OP PROOF. 
 
 Penalty for. 23. Every person whose name is not registered under 
 
 the provisions of this Ordinance who, — 
 Keeping shop. 1. Keeps open shop for the sale of any drugs or compounds 
 
 any prescription for gain or hope of reward, or 
 Pretending to 2. Wilfully Or falsely pretends to be a pharmaceutical 
 
 be a chemist. chemist Or to be registered under the provisions of this 
 
 Ordinance; or, 
 Taking name. 3. Takes or uses any name, title, addition or description 
 
 implying or calculated to lead people to infer that his 
 name is registered under this Ordinance; or, 
 Advertising. 4. Professes by public advertisement, card, sign or other- 
 
 wise to be entitled to carry on business as a pharma- 
 ceutical 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. C.O.Y.T. 
 c. 50, s. 23. 
 
 What deemed 24. The several articles named and described in schedules 
 poisons. 2 and 3 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 resolution named ought 
 to be deemed a poison within the meaning hereof, subject to 
 the approval of the Commissioner and if such approval is 
 given then the Territorial Secretary shall give notice of such 
 resolution and approval in the Yukon Official Gazette, and on 
 the expiration of two 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 herein contained. C.O.Y.T. c. 50, s. 24. 
 
 Unlawful to 25. It shall be unlawful to sell any poison named in the 
 unless°marked ^^st part of the Said Schedule 2 either by wholesale or 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 establishment in which such poison 
 is sold; and it shall be unlawful 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 C 
 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 name of the purchaser shall be affixed. 
 2. Any person selling the drugs mentioned in schedule 
 3 hereof shall also comply with the provisions of this section. 
 C.O.Y.T. c. 50, s. 25. 
 
Chemists and Druggists. Chap. 14. 99 
 
 26. Every person who wilfully procures or attempts to pro- pro"frmi°' 
 cure his name to be registered under this Ordinance by making name to be 
 or producing or causing to be made or produced any false ^^^'f^fg^®*^ 
 representation or declaration, either verbally or in writing and re^resenta- 
 every person knowingly aiding or assisting him therein shall tion. 
 be liable to a penalty of $200. C.O.Y.T. c. 50, s. 26. 
 
 ST. Every penalty under this Ordinance shall be recoverable b|"gued for^ 
 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 the person instituting such action 
 or the same may be recovered in a summary manner before 
 any justice of the peace. C.O.Y.T. c. 50, s. 27. 
 
 28. Upon the trial of any action or on any prosecution musTproduce 
 hereunder it shall be incumbent on the defendant or person right to sell, 
 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 certificate 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. C.O.Y.T. 
 c. 50, s. 28. 
 
 29. No action or prosecution shall be commenced after o/^g*?*^°° 
 one year from the date of the offence or commencement of the 
 
 cause of action. C.O.Y.T. c. 50, s. 29. 
 
 EXCEPTIONS FROM OPERATION OF ORDINANCE. 
 
 SO. Nothing herein contained shall extend to interfere ^°^^j°^^ ^j, 
 with the privileges conferred upon physicians and surgeons physicianl" 
 by any Ordinance relating to the practice of medicine and 
 surgery in the Yukon Territory, and they may be registered 
 as pharmaceutical chemists without undergoing any examina- 
 tion; 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 surgeon, 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 auth- 
 orized 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. C.O.Y.T. 
 c. 50, s. 30. 
 
 70263—71 
 
100 Chap. 14. Chemists and Druggists. 
 
 SCHEDULE 1, FORM A. 
 
 NOTICE OF, SEKVICE BY CLEEK. 
 
 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 Territory this day of 
 
 A.D., 19 . 
 
 (Signed) 
 
 Clerk. 
 To the Territorial Secretary, 
 
 Yukon Territory. 
 
 FORM B.— Sec. 7. 
 
 CERTIFICATE OF KEGISTRATION. 
 
 I hereby certify that C. D. being entitled to registration 
 
 by having was on the.... day of.... A.D. 19 , 
 
 duly registered as a pharmaceutical chemist and is authorized 
 to carry on business as a chemist and druggist in the Yukon 
 Territory from the day A.D., 19 to the 
 
 . day of . 
 (Signed.) 
 
 (Seal.) 
 
 .A.D. 19 
 
 Territorial Secretary. 
 
 SCHEDULE 1.— FORM C— Sees. 25. 
 
 POISONS SALES BBGISTER. 
 
 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 
 
 Seller. 
 
Chemists and Druggists. Chap. 14. 101 
 
 SCHEDULE 2.— Sec. 24 and 25. , ' . - '4 ^Or'^- 
 
 / ■■•-.\ ^,-'\ 
 
 LIST OF POISONS PAET 1. ' ' . \ Tc ' 
 
 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. 
 
 PART 2. 
 
 Acetate of lead. 
 
 Calabar beans. 
 
 Carbolic acid. 
 
 Elaterium. 
 
 Goulard's extract. 
 
 Hellebore. 
 
 Henbane and its preparations. 
 
 Iodine. 
 
 Phosphorus. 
 
 Red and white precipitate. 
 
 Verdigris. 
 
 Sulphate of zinc. 
 
 SCHEDULE 3.— Sees. 20 and 21. 
 
 Cantharides blister. 
 
 Paregoric in original packages. , 
 
 Acetate of lead. 
 
 Carbolic acid. 
 
 Hellebore. 
 
 Paris green. 
 
 Red precipitate. 
 
 Sulphate of zinc. 
 
102 
 
 Chap. 15. 
 
 Choses in Action. 
 
 Asaignment 
 of debts and 
 choses in 
 action. 
 
 "Assignee." 
 
 CHAP 15. 
 An Ordinance respecting Choses in Action. 
 
 1. Every debt and any chose in action arising out of con- 
 tract shall be assignable at law by any form of writing which 
 shall contain apt words in that behalf but subject 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 originally 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. 
 C.O.Y.T. c. 37, s. 1. 
 
 2. The term "assignee" in the next preceding section in- 
 cludes any person now being or hereafter becoming entitled 
 to any first or subsequent assignment or transfer or any deriva- 
 tive 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 effectual discharge therefor. 
 C.O.Y.T. c. 37, s. 2. 
 
 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 origi- 
 nal creditor or of the person to whom the cause of action accrued. 
 C.O.Y.T. c. 37, s. 3. 
 
 Equities of 4t. lii case of any assignment of a debt or chose in action 
 assignor^*'"^* arising out of contract and not assignable by delivery such 
 before notice, 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 sapie 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 con- 
 tract. C.O.Y.T. c. 37, s. 4. 
 
 Assignee's 5. In case of any assignment made in conformity with the 
 
 notice to ^"^ provisions hereof and notice thereof given to the debtor or 
 debtor. person liable in respect of the subject of such assignment the 
 
 Action for 
 debt on 
 
Choses in Action. Chap. 15. 103 
 
 assignee shall have, hold and enjoy the same free of any claims, 
 defences or equities which may have arisen subsequent to such 
 notice by any act of the assignor or otherwise. C.O.Y.T. c. 37, 
 s. 5. 
 
 G. The bonds or debentures of -corporations made payable Securities 
 ,1 ij.i_-i_ uj. transferable 
 
 to bearer or any person named therein or bearer may be trans- by delivery. 
 
 ferred 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 debentures in his own name. 
 
 C.O.Y.T. c. 37, s. 6. 
 
 7. The provisions of the preceding sections shall not be Negotiable 
 construed to apply to bills of exchange or promissory notes or ^"^ ^"^ 
 instruments which are negotiable or in respect of which the 
 property therein passes by mere delivery. C.O.Y.T. c. 37, 
 
 s. 7. 
 
104 
 
 Chap. 16. 
 
 Collection of Debts. 
 
 CHAP. i6. 
 
 Title. 
 
 Interpretation 
 "Judge." 
 
 "Clerk." 
 
 "Judgment." 
 
 "Amount 
 due on the 
 judgment." 
 
 "Creditor." 
 "Debtor." 
 "Debt." 
 "Liability." 
 
 Judgment 
 summons. 
 
 Two or more 
 debtors may 
 be examined 
 as to joint or 
 partiiership 
 property. 
 
 If debt incur- 
 red outside 
 Yukon Terri- 
 tory no order 
 to be made. 
 
 An Ordinance respecting the Collection of Debts. 
 
 1. This Ordinance may be cited as The Collection Ordinance. 
 No. 6, 1904, s. 1. 
 
 2. In this Ordinance, unless the context otherwise requires, 
 (a) The expression " Judge " means a judge of the Terri- 
 torial Court of the Yukon Territory; 
 
 (6) The expression " clerk " means the clerk of the said 
 Court and includes any deputy of said clerk; 
 
 (c) The expression " judgment " means any adjudication or 
 order directing the payment of money, whether debt, damages 
 or costs, and includes judgments obtained in any court in the 
 Territory, or order of the Gold Commissioner in any protest 
 tried before him, or before any police magistrate or justice of 
 the peace; 
 
 (d) The expression " amount due on the judgment " includes 
 the costs incurred subsequently to those forming part of the 
 judgment, and which may be recovered by an execution issued 
 upon the judgment; 
 
 (e) The expression " creditor " means the person or corpor- 
 ation entitled to receive the amount due on the judgment; 
 
 (/) The expression " debtor " means the person liable to pay 
 the amount due on the judgment; 
 
 (g) The expression " debt " includes any item or part of the 
 debt forming the subject of the judgment; 
 
 (h) The expression " liability " includes part of a liability 
 forming the subject of the judgment. No. 6, 1904, s. 2. 
 
 3. Any party having an unsatisfied judgment may procure 
 from the clerk a judgment summons in the Form No. 1 in the 
 schedule to this Ordinance or to the like effect requiring the 
 debtor to appear at the time and place therein expressed to be 
 examined upon oath touching his estate and effects and the 
 manner and circumstances under which he contracted the debt 
 or incurred the damages or liability forming the subject of the 
 judgment and as to the means and expectations he then had and 
 as to the property and means he still has of discharging the said 
 debt, damages or liability and as to the disposal he has made of 
 any property; and such judgment summons shall be served in 
 the same manner as a writ of summons. Provided that in case 
 the judgment is against two or more debtors such debtors may 
 be examined touching their joint or partnership property, estate 
 and effects as well as the separate property, estate and effect 
 of each of them. And provided that if upon such examination 
 it appears to the satisfaction of the Judge that the debt upon 
 which the judgment was obtained was incurred elsewhere than 
 
Collection of Debts. Chap. 16. 105 
 
 m the Yukon Territory, no order shall be made against the 
 judgment debtor. No. 6, 1904, s. 3. 
 
 4. Any party having an unsatisfied judgment, as set forth in Second 
 paragraph 3 hereof, may procure from the clerk a second judg- Judgment 
 ment summons, and any further or subsequent judgment sum- mS^"i°s°ue if 
 mons, upon filing with the clerk of the Court an affidavit that debtor not 
 the judgment is unsatisfied, in whole or in part, and that the undTr previ- 
 debtor was not examined on the judgment summons that ous one, or 
 issued immediately previous to the one applied for, or that 90 ^f ^^^P 
 days have elapsed since the debtor was examined under a judg- Affidavit to 
 ment summons in the case in which the judgment summons is be filed, 
 being applied for. No. 3., 1910, s. 1. 
 
 5. The person obtaining any such summon? and all witnesses All wit- 
 whom the Judge thinks requisite may be examined upon oath qufrldmay 
 touching the inquiries authorized to be made as aforesaid. No. be examined. 
 6, 1904, s. 4; No. 3, 1910, s. 2. 
 
 6. The examination shall be held in the Judge's Chambers, Examination 
 unless the Judge otherwise orders. No. 6, 1904, s. 6. chSers. 
 
 T. The Judge may adjourn the examination from time to Judge may 
 
 time adjourn 
 
 o "rni T 1 ■; ii 1 1 ■ -1 .. 1 • examination. 
 
 2. ihe Judge may commit the debtor to jau until the time May commit 
 fixed for the adjourned hearing, unless the debtor enters into a debtor to 
 bond in favour of the creditor with securities to the satisfaction ^*^^' 
 of the Judge to attend at the time and place to which such 
 examination is adjourned. No. 6, 1904, s. 6. 
 
 8. The costs of and incidental to such judgment summons shall Costs in 
 be costs in the cause, unless the Judge otherwise directs. No. 6, fess^other- 
 
 1904, S. 7. wise 
 
 directed. 
 
 9. If the party so summoned If party 
 (a) Does not attend as required by the summons or show ^"^g^^f*^ 
 
 a sufficient reason- for not attending; or attend, etc. 
 
 (&) If he attends and refuses to be sworn, or to declare any 
 of the things aforesaid; or 
 
 (c) If it appears to the Judge either by examination of the 
 party or other evidence 
 
 (i) That the debt which forms the subject of the judgment 
 
 was fraudulently contracted; or 
 
 (ii) That the credit was obtained under false pretences; or 
 
 (iii) That the debtor contracted such debt without having 
 
 at the time any reasonable expectation of being able to 
 
 pay the same; or 
 
 (iv) That any other fraudulent circumstances have occurred 
 
 in connection with the contracting of such debt; or 
 (v) That the debtor has made any fraudulent gift, delivery, 
 transfer or disposition of his property real and personal 
 or mixed, or any portion thereof; or 
 (vi) In cases of tort, including libel, slander; 
 
106 
 
 Chap. 16. 
 
 Collection of Debts. 
 
 commirto • Judge may, if he thinks fit, order such party to be com- 
 jail. mitted to a common jail for any period not exceeding one year. 
 
 No. 6, 1904, s. 8. 
 
 Judge may 
 order pay- 
 ment by in- 
 stalments. 
 
 Order to state 
 amount of in- 
 stalments and 
 time and place 
 of payment. 
 Judge may 
 order pay- 
 ment of 
 costs of 
 judgment 
 summons. 
 If debtor 
 fails to pay 
 instalment 
 Judge may 
 order com- 
 mitment. 
 
 Order for 
 commitnient 
 to be de- 
 livered to 
 the sheri£f, 
 who shall 
 arrest 
 debtor and 
 convey him 
 to common 
 jail. 
 Person 
 imprisoned 
 who satis- 
 fies debt to 
 be dis- 
 charged from 
 custody. 
 Judge may 
 order dis- 
 charge of 
 debtor from 
 custody. 
 Imprison- 
 ment not to 
 extinguish 
 debt. 
 No judg- 
 ment sum- 
 mons to issue 
 until writ of 
 execution 
 agailist 
 goods is 
 returned 
 nulla bona. 
 
 Upon the 
 issuing of 
 judgment 
 summons 
 the action 
 or proceed- 
 ing shall be 
 
 10. If upon such examination it appears to the satisfaction 
 of the Judge that the debtor is possessed of means or income 
 sufficient therefor he may make an order requiring the debtor to 
 pay the amount due on the judgment by instalments. 
 
 2. Such order shall state the amount of such instalments and 
 the time when and the place where the same shall be paid. 
 
 3. The Judge may also, in his discretion, direct that the 
 debtor shall pay the costs of and incidental to the judgment 
 summons and proceedings thereon with the first or any other 
 instalment, and it shall be sufficient to indicate the amount of 
 such costs upon the order without further taxation. 
 
 4. If the debtor fails to pay any of the instalments so ordered 
 the creditor may, "upon his own affidavit or the affidavit of his 
 solicitor, agent or some other person on his behalf having a full 
 knowledge of the matter proving such default, obtain ex parte 
 from a Judge an order committing the debtor to a common jail 
 for a period not exceeding one year. 
 
 5. Whenever any order for commitment as aforesaid has been 
 made, such order shall be delivered to the Sheriff of the Yukon 
 Territory, and such Sheriff or the Deputy of such Sheriff or any 
 bailiff, constable or peace officer to whom the said Sheriff may 
 hand the said order for execution shall arrest the person against 
 whom such order has issued and convey him to a common jail 
 and every jailer or keeper of such jail shall receive and keep 
 the person so arrested until discharged under the provisions 
 of this Ordinance or otherwise by due course of law. 
 
 6. Any person imprisoned under this Ordinance who has 
 satisfied the debt, demand and liability and the amount due on 
 the judgment, shall upon the certificate of such satisfaction 
 signed by the clerk, be discharged from custody. 
 
 7. A Judge may upon any ground arising subsequent to the 
 order of commitment that appears to him sufficient, direct that 
 the debtor be discharged from custody. No. 6, 1904, s. 9. 
 
 11. No imprisonment under this Ordinance shall impair the 
 judgment or extinguish the debt or cause of action on which 
 a judgment has been obtained or deprive the creditor of any 
 right to take out execution against the debtor. No. 6, 1904, s. 10. 
 
 12. Notwithstanding the provisions of this Ordinance in the 
 case of a judgment obtained in the Territorial Court of the 
 Yukon Territory for a sum exceeding $100 no judgment summons 
 shall issue before an execution against the goods and chattels 
 of the debtor has beenreturned nulla bona. No. 6, 1904, s. 11. 
 
 13. Upon the issuing of a judgment summons the action or 
 proceeding in which the judgment was obtained shall for the 
 purposes of this Ordinance become a cause, action or matter 
 in the Territorial Court of the Yukon Territory, and subject 
 to the provisions of this Ordinance the practice and procedure 
 and the costs and fees payable in connection therewith shall 
 
Collection of Debts. Chap. 16. 107 
 
 be those now in force in the said Territorial Court under the F°rp^^^^Q^ 
 lowest scale of costs and fees. No. 6, 1904, s. 12. Si Court?'^" 
 
 14. No counsel fee shall be allowed on any judgment summons No counsel 
 or on any proceedings thereon. No. 6, 1904, s. 13. ^^e allowed. 
 
 15. The Police Magistrate at Whitehorse may in respect ^^^"^ Mag- 
 to judgments entered at Whitehorse perform all the duties and whftelorse 
 exercise all the powers and jurisdiction of a Judge under this to have 
 Ordinance. No. 6, 1904, s. 14. if1udge!°° 
 
 16. The cost of the maintenance of any such debtor, not to cost of 
 exceed $1.50 per day, who may be committed to a common maintenance 
 jail by the Judge, under the provisions of this Ordinance, shall biplid°by ° 
 be borne by the creditor, who shall deposit the amount thereof creditor, 
 with the Sheriff of the Yukon Territory before the order for 
 
 such commitment is executed, and the cost of such maintenance ^ded^to""^ 
 shall be added to the judgment debt. No. 2, 1911, s. 1. debt. 
 
 17. No order of commitment shall have any force or effect Order of 
 after the expiration of three months from the date thereof, to'be'in"^"* 
 unless the same shall have been duly executed within such period: force only 3 
 Provided, this section shall not apply in cases where the Order i^°g°erecuted 
 cannot be executed owing to the absence of the debtor from the unless 
 Yukon Territory. No. 2, 1911, s. 1. debtor ab- 
 
 ■' ' sent from 
 
 Territory. 
 
 SCHEDULE. 
 
 FORM NO.. 1. JUDGMENT SUMMONS. 
 
 (Style of cause) 
 To (name of debtor) 
 
 WHEREAS it has been made to appear that (creditor's 
 
 name) is entitled to receive from you $ in 
 
 respect to a certain judgment (or order) of the 
 Court, of Which he has been unable to obtain satisfaction. 
 
 THEREFORE you are hereby summoned to attend an 
 examination before at the Court House 
 
 at in the Yukon Territory on day 
 
 the day of A. D. 19 at the 
 
 hour of o'clock in the noon there to be dealt 
 
 with as in "The Collection Ordinance" is provided. 
 
 AND TAKE NOTICE that in the event of your failing to 
 attend at such time and place, you may be arrested and com- 
 mitted to the common jail. 
 
 Dated at in the Yukon Territory this 
 
 day of A. D. 19 . . . , ^ , 
 
 Clerk of the Territorial Court. 
 
108 
 
 Chap. 17. 
 
 Commissioners to Administer Oaths. 
 
 CHAP. 17. 
 
 Barristers 
 to be 
 commis- 
 sionera. 
 
 Commis- 
 sioner may 
 appoint 
 commission- 
 ers. 
 
 An Ordinance respecting Commissioners to administer 
 
 Oaths. 
 
 1. All barristers entitled to practise in the Yukon Territory 
 and all justices of the peace, are hereby empowered to admin- 
 ister oaths and take and receive affidavits, declarations and 
 affirmations in the said Territory. C.O.Y.T. c. 22, s. 1. 
 
 2. The Commissioner of the Yukon Territory may, by com- 
 mission under his hand and seal from time to time, empower 
 such and so many other persons as he thinks fit and necessary 
 to administer oaths and take and receive affidavits, declarations 
 and affirmations within the said Territory, and may revoke 
 the commission or commissions of any such persons and such 
 revocation shall operate as a revocation for all purposes. C. 0. 
 Y.T. c. 22, s. 2. 
 
 Commis- 
 sioner may 
 appoint 
 commis- 
 sioners out- 
 side the 
 Territory. 
 
 3. The Commissioner may, by a commission under his hand 
 and the seal of the Yukon Territory, from time to time empower 
 such and so many persons as he thinks fit and necessary to 
 administer oaths and 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 proceedings in the Territorial Court of the Yukon Terri- 
 tory, 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 purposes as if such 
 oath, affidavit, declaration or affirmation had been adminis- 
 tered, taken, sworn, made or affirmed before a commissioner 
 for taking affidavits within the Yukon Territory, or other 
 competent authority of the like nature. C.O.Y.T. c. 22, s. 3. 
 
 style of com- 4. The commissioners so appointed shall be styled "Com- 
 missioners, missioners for taking affidavits in and for the Yukon Territory." 
 C.O.Y.T. c. 22, s. 4. 
 
Companies. Chap. 18. 109 
 
 CHAP. 18. 
 An Ordinance Relating to Joint-Stock Companies. 
 
 , SHOBT TITLE. 
 
 1. This Ordinance may be known and cited as The Companies Short title. 
 Ordinance. No. 15 of 1914, s. 1. 
 
 INTERPRETATION, ETC. 
 
 2. In this Ordinance and in all letters patent and supplement- Iftterpre- 
 ary letters patent issued under it, unless the context otherwise *^*^°°- 
 requires, the following expressions shall have the meanings 
 hereby assigned to them, that is to say: — 
 
 "Existing company" means a company formed and regis- "Existing 
 tered under some former public Ordinance of this Terri- company." 
 tory; 
 
 "Company" means a company formed and registered "Company." 
 under this Ordinance or an existing company; 
 
 "Extra-territorial company" means any duly incorporated "Extra- 
 company other than a company incorporated under the companyi'" 
 laws of the Yukon Territory or the Parliament of Canada; 
 
 "Articles" means the articles of association of a company "Articlea." 
 as originally framed or as altered by special resolution, 
 including so far as they apply to the company, the regu- 
 lations contained (as the case may be) in Table A in the 
 First Schedule to this Ordinance, or in such table as 
 altered in pursuance of the provisions of this Ordinance, 
 and shall include the by-laws of any existing company 
 except by-laws made by directors; 
 
 "Memorandum" means the memorandum of association of "Memoran- 
 a company as originally framed or as altered in pursuance '*"™- ' 
 of the provisions of this Ordinance; 
 
 "Charter" of a company means the Statute, Ordinance, "Charter." 
 or other provision of law by or under which the compa,ny 
 is incorporated, and any amendments thereto applying 
 to such company, whether of this Territory or of any 
 Province, or of the Dominion, or of the United Kingdom, 
 or of any colony or dependency thereof, or of any foreign 
 State or country, the memorandum of association or 
 agreement or deed of settlement of the company, arid the 
 letters patent or charter of incorporation, and the license 
 or certificate of registration of the company, as the case 
 may be; 
 
 "Charter and regulations" of a company means the charter "Charter 
 of the company and the articles of association, and all gufat^^g." 
 by-laws, rules, and regulations of the company, and all 
 resolutions and contracts relating to or affecting the 
 capital and assets of the company; 
 
no 
 
 "Council." 
 "Document.' 
 
 "Share." 
 
 "Debenture.' 
 "Books and 
 papers." 
 
 "The 
 Registrar." 
 
 "The Court.' 
 
 "General 
 rules." 
 
 "Pre- 
 scribed." 
 
 'Director. 
 
 "Pros- 
 pectus.' 
 
 "Real 
 estate" or 
 "land." 
 
 "Share- 
 holder." 
 
 "Sub- 
 scriber." 
 
 "Company 
 limited by 
 shares." 
 
 Chap. 18. 
 
 Companies. 
 
 "Council" means the Council of the Yukon Territory; 
 "Document" includes summons, notice, order, and other 
 
 legal process and registers; 
 "Share" means share in the share capital of the company, 
 
 and includes stock except where a distinction between 
 
 stock and shares is expressed or implied; 
 "Debenture" includes debenture stock; 
 "Books and papers" -and "books or papers" include 
 
 accounts, deeds, writings, and documents; 
 "The Registrar" means the Registrar of Joint-Stock 
 
 Companies or other officer performing under this Ordin- 
 ance the duty of registration of companies; 
 "The Court," used in relation to a company, means the 
 
 Territorial Court of the Yukon Territory; 
 "General rules" means general rules made under this 
 
 Ordinance, and includes forms; 
 "Prescribed" means prescribed by general rules or by the 
 
 Commissioner of the Yukon Territory or other lawful 
 
 authority; 
 "Director" includes any person occupying the position 
 
 of director by whatever name called; 
 "Prospectus" means any prospectus, notice, circular, 
 
 advertisement, or other document offering to the public 
 
 for subscription or purchase any shares or debentures 
 
 of a company; 
 "Real estate" or "land" shall include all messuages, lands, 
 
 tenements, hereditaments of any tenure, leaseholds, 
 
 and all immovable property of every kind; 
 "Shareholder" means every subscriber to or holder of 
 
 shares in a company, and shall extend to and include the 
 
 personal representatives of such shareholder; 
 "Subscriber" means any person who subscribes for shares 
 
 in the memorandum of association of a company; 
 "Company limited by shares" shall include a company 
 
 incorporated under Part V. of this Ordinance. 
 In addition to the above, the following words are defined 
 in this Ordinance: — 
 
 "Company"— Sees. UOA, 129 (3), 170. 
 
 "A company limited by shares," "a company limited by 
 
 guarantee," " an unlimited company" — Sec. 12. 
 "Contributory"— Sec. 210. 
 "Deed of settlement"— Sec. 314 (4). 
 "Expert"— Sec. 93 (5). 
 "Joint-Stock company" — Sec. 302. 
 "Member"— Sec. 32. 
 "Minimum subscription" — Sec. 94 (2). 
 "Private company" — Sec. 130. 
 "Promoter"— Sec. 93 (5). 
 "Registered office"— Sec. 70. 
 
 "Resolution for reducing share capital" — Sec. 53 (2). 
 "Share warrant " — Sec. 45. 
 
 "Special and extraordinarv resolution" — Sec. 77 (1), (2). 
 "Statutory meeting"— Sec. 73 (1). 
 "Statutory report "—Sec. 73 (2). 
 
 No. 15 of 1914, s. 2. 
 
Companies. Chap. 18. Ill 
 
 DIVISION OF ORDINANCE. 
 
 3. This Ordinance is divided into thirteen parts, relating Division of 
 
 to the following subjects: — Ordinance. 
 
 Part. Page. 
 
 I. — Preliminary m 
 
 11. — Constitution and Incorporation 112 
 
 JII.— Distribution and Reduction of Share Capital, 
 Registration of Unlimited Company as 
 Limited, and Unlimited Liability of Directors 119 
 
 IV. — Management and Administration 133 
 
 V. — Incorporation of Mining Companies without 
 
 any Personal Liability 163 
 
 VI. — Licensing and Registration of Extra-territorial 
 
 Companies 169 
 
 VII. — Process against Unregistered Extra-territorial 
 
 Companies 177 
 
 VIII.— Public Utilities '.]',][ 179 
 
 IX. — Winding-up 186 
 
 X. — Registration Office and Fees 213 
 
 XL — Application of Ordinance to Companies formed 
 and registered under Former Companies 
 
 Ordinance 214 
 
 XII. — Companies authorized to register under this Ordin- 
 ance 215 
 
 XIIL — Miscellaneous and Supplemental 221 
 
 No. 15 of 1914, s. 3. 
 
 PART I. 
 
 Preliminary. 
 
 4. The Commissioner of the Yukon Territory, from time to Powers of 
 time, may,j3y Order,— 2'^^'^- 
 
 (a) Appoint such person or persons as he shall think Appointment 
 proper to act as Registrar or Deputy Registrar of Joint- of Registrar 
 stock Companies: Re^iSra?*of 
 
 (b) Make and establish such general rules and orders, not Companies, 
 inconsistent with this Ordinance, as may appear neces- Rules, 
 sary or expedient for the purpose of giving full effect to 
 
 the provisions of this Ordinance, or any of them, and 
 for prescribing the course to be adopted in the course 
 of official business under this Ordinance: 
 
 (c) Make such alterations in the tables and forms con- Alterations 
 tained in the First Schedule hereto (so that it does not ^° forms, 
 increase the amount of fees payable to the Registrar 
 
 in the said Schedule mentioned) and in the forms in the 
 Second Schedule, or make such additions to the last- 
 mentioned forms as may be requisite; but no alteration 
 made by the Commissioner in the Table A in the First 
 Schedule shall affect any company registered prior to 
 the date of such alteration, or repeal, as respects such 
 company, any portion of that table. No. 15 of 1914, s. 4. 
 
112 
 
 Registrar's 
 duty to 
 enforce 
 compliance. 
 
 Chap. 18. 
 
 Companies. 
 
 5. It shall be the duty of the Registrar to enforce compliance 
 ■with the several provisions, regulations, and stipulations con- 
 tained in this Ordinance or in any regulations made thereunder, 
 but such duty shall not affect the right of any other person to 
 compel compliance with the provisions hereof. No. 15 of 
 1914, s. 5. 
 
 Forms to 
 be used. 
 
 6. The forms set forth in the Second Schedule hereto, or 
 forms as near thereto as circumstances admit, shall be used in 
 all matters to which such forms refer. No. 15 of 1914, s. 6. 
 
 Railway and 17. No company shall be incorporated under this Ordinance for 
 companies ^^^ Construction and working of railways, or for carrying on 
 not to be the business of banking or insurance, or steamboat, canal, 
 incorporated, telegraph, or irrigation companies. No. 15 of 1914, s. 7. 
 
 Ssm-ance" °^ ^* ^^^ ^^^ purposes of this Ordinance, a company that carries 
 company. on the business of fire, life, marine, or other insurance in common 
 
 with any other business shall be deemed to be an insurance 
 
 company. No. 15 of 1914, s. 8. 
 
 Prohibition 
 of partner- 
 ship exceed- 
 ing a certain 
 number. 
 
 Issue of 
 
 bank-notes 
 
 prohibited. 
 
 9. No company, association, or partnership consisting of more 
 than twenty persons shall be formed for the purpose of carrying 
 on any business that has for its object the acquisition of gain 
 by the company, association or partnership, or by the individual 
 members thereof unless it is registered as a company under this 
 Ordinance, or is formed in pursuance of some other Ordinance, 
 or of letters patent. No. 15 of 1914, s. 9. 
 
 10. Nothing in this Ordinance shall be construed to authorize 
 a company tp issue any note payable to the bearer thereof, or 
 any promissory note intended to be circulated as money, or as 
 the note of a bank, or to engage in the business of banking. No. 
 15 of 1914, s. 10. 
 
 Ordinance 
 does not 
 apply to 
 certain 
 companies. 
 
 11. This Ordinance shall not apply to — 
 
 (a) Companies incorporated under the provisions of any 
 
 Act of the Parliament of Canada; 
 (&) A company that carries on the business of insurance 
 
 only. No. 15 of 1914, s. 11. 
 
 PART II. 
 Constitution and Incokpoeation. 
 
 Mode of 
 forming 
 incorporated 
 company. 
 
 Memorandum of Association. 
 
 13. Any five or more persons (or, where the company to be 
 formed will be a private company within the meaning of this 
 Ordinance, any two or more persons) associated for any lawful 
 purpose may, by subscribing their names to a memorandum of 
 association and otherwise complying with the requirements of 
 
Companies. Chap. 18. 113 
 
 this Ordinance in respect of registration, form an incorporated 
 company, with or without limited liability, that is to say, 
 either — 
 
 (a) A company having the liability of its members limited 
 by the memorandum to the amount (if any) unpaid on 
 the shares respectively held by them (in this Ordinance 
 termed " a company limited by shares "); or 
 (6) A company having the liabihty of its members limited 
 by the memorandum to such amount as the members 
 may respectively thereby undertake to contribute to the 
 assetsof the company in the event of its being wound up 
 (in this Ordinance termed " a company limited by guar- 
 antee ") ; or 
 
 (c) A company not having any limit on the liability of its 
 members (in this Ordinance termed " an unlimited com- 
 pany ") ; or 
 
 (d) A company having the liabihty of its members specially 
 limited under section 131. 
 
 1 3. In the case of a company limited by shares, — Memorandum 
 
 (1) The memorandum must state— lim'itS''b7 
 
 (a) The name of the company, with " limited " as the sharea. 
 last word in its name; 
 
 (6) The city or town in .the Territory in which the 
 registered office of the company will be situate; 
 
 (c) The objects of the company; 
 
 (d) That the liability of the members is limited; 
 
 (e) The amount of share capital with which the com- 
 pany proposes to be registered, and the division thereof 
 into shares of a fixed amount: 
 
 (2) No subscriber of the memorandum may take less than 
 one share: 
 
 (3) Each subscriber must write opposite to his name the 
 number of shares he takes. No. 15 of 1914, s. 13. 
 
 14. In the case of a company limited by guarantee, — ^rcmany"^"^ 
 (1) The memorandum must state — limited by 
 
 (a) The name of the company, with " limited " as the guarantee, 
 last word in its name; 
 
 (6) The city or town in the Territory in which the 
 registered office of the company will be situate; 
 
 (c) The objects of the company; 
 
 (d) That the liability of the members is limited; 
 
 (e) That each member undertakes" to contribute to the 
 assets of the company in the event of its being wound up 
 while he is a member, or within one year afterwards, for 
 payment of the debts and liabilities of the company con- 
 tracted before he ceases to be a member, and of the costs, 
 charges, and expenses of winding-up, and for adjustment 
 of the rights of the contributaries among themselves, 
 such amount as may be required, not exceeding a specified 
 amount: 
 
 70263—8 
 
114 
 
 Chap. 18. 
 
 Companies. 
 
 Memorandum 
 of unlimited 
 company. 
 
 (2) If the company has a share capital,— 
 
 (a) The memorandum must also state the amount of 
 share capital with which the company proposes to be 
 registered and the division thereof into shares of a fixed 
 amount; 
 
 (6) No subscriber of the memorandum may take less 
 than one share; 
 
 (c) Each subscriber must write opposite to his name 
 the number of shares he takes. 
 
 15. In the case of an unlimited company, — 
 
 (1) The memorandum must state — 
 
 (a) The name of the company; 
 
 (6) The city or town in the Territory in which the 
 registered office of the company will be situate; 
 (c) The objects of the company: 
 
 (2) If the company has a share capital, — 
 
 (a) No subscriber of the memorandum may take less 
 than one share; 
 
 (5) Each subscriber must write opposite to his name 
 the number of shares he takes. No. 15 of 1914, s. 14. 
 
 Execution of 1©, The memorandum must be signed by each subscriber in 
 randum. the presence of at least one witness, who must attest the sig- 
 
 nature. No. 15 of 1914, s. 16. 
 
 Restriction IT. A company may not alter the conditions contained in 
 on alteration j^g memorandum, except in the cases and in the mode and to 
 randum " the extent for which express provision is made in this Ordinance. 
 No. 15 of 1914, s. 17. 
 
 Name of 
 company 
 and change 
 of name. 
 
 18. 1. A company or society may not be incorporated nor 
 may an extra-territorial company be licensed or registered by 
 a name identical with that by which a company or society or 
 firm in existence is carrying on business or has been incorporated, 
 licensed, or registered, or so nearly resembling that name as in 
 the opinion of the Registrar to be calculated to deceive, or by 
 a name of which the Registrar shall for any other reason dis- 
 approve, except where such company or society or firm in 
 existence is in the course of being dissolved or has ceased to 
 carry on business, and signifies its consent by resolution duly 
 passed and filed by the Registrar. 
 
 2. Any company or society that has, through inadvertence 
 or otherwise, become incorporated, licensed, or registered by a 
 name identical with that by which a company or society or 
 firm has been incorporated, licensed, or registered, or has been 
 carrying on 'business prior to the incorporation, licensing, or 
 registration of such first-mentioned company or society, or so 
 nearly resembling that name as to be calculated to deceive, 
 shall change its name in manner provided by this section: 
 Provided that this amendment shall not affect litigation now 
 pending in regard to the name of any company. 
 
Companies. Chap. 18. 115 
 
 3. Ally company may also at any time, by special resolution 
 and with the approval of the Registrar signified in writing, 
 change its name. 
 
 4. The company shall, in the last-mentioned case, give at 
 least one month's previous continuous notice in the Gazette and 
 in some newspaper or newspapers published or circulated in the 
 locality in which the registered office of the company is situate, 
 and in the locality in which the operations of the company are 
 carried on, of the intention to apply for the change of name, 
 and shall state the name proposed to be adopted. 
 
 5. Where a company changes its name, the Registrar shall 
 enter the new name on the register in place of the former name, 
 and shall issue a certificate that such company has changed its 
 name; and in such certificate the Registrar shall state the name 
 by which such company shall as from the date of such certificate 
 be kno'OTi. 
 
 6. The change of name shall not affect any rights or obliga- 
 tions of the company, or render defective any legal proceedings 
 by or against the company, and any legal proceedings that 
 might have been continued or commenced against it by its 
 former name may be continued or commenced against it by its 
 new name. 
 
 7. The registrar may, on request, reserve any name which 
 may be taken by an intended company, or by a company as a 
 change of name, or the name of any extra-territorial company 
 intending to apply for a license or registration, for a period of 
 fourteen days or any extended period he may allow, not exceed- 
 ing in the whole thirty days. No. 15 of 1914, s. 18. 
 
 19. Subject to the provisions of this section, a company Alteration of 
 may, by special resolution, alter the provisions of its memo- °J^°*'„°* 
 randum with respect to the objects of the company, so far as 
 may be required to enable it — 
 
 (a) To carry on its business more economically or more 
 efficiently; or 
 
 (6) To attain its main purpose by new or improved means; or 
 
 (c) To enlarge or change the local area of its operations; or 
 
 (d) To carry on some business which, under existing cir- 
 cumstances, may conveniently or advantageously be 
 combined with the business of the company; or 
 
 (e) To restrict or abandon any of the objects specified in the 
 
 memorandum. 
 
 2. The alteration shall not take effect until and except m so 
 far as it is confirmed on petition by the Court. 
 
 3. Before confirming the alteration the Court must be 
 
 satisfied — . 
 
 (a) That sufficient notice has been given to every holder ot 
 debentures of the company, and to any persons or class 
 of persons whose interests will, in the opinion of the 
 Court, be affected by the alteration; and _ 
 
 (6) That, with respect to every creditor who, in the opinion 
 of the Court, is entitled to object, and who signifies his 
 objection in manner directed by the Court, either his 
 
 70263—8* 
 
116 Chap. 18. Comvanies. 
 
 consent to the alteration has been obtained or his debt 
 
 or elaim has been discharged or has determined, or has 
 
 been secured to the satisfaction of the Court: 
 
 Provided that the Court may, in the case of any person 
 
 or class, for special reasons, dispense with the notice required 
 
 by this section. 
 
 4. The Court may make an order confirming the alteration 
 either wholly or in part, and on such terms and conditions 
 as it thinks fit, and may make such order as to costs as it thinks 
 proper. 
 
 5._ The Court shall, in exercising its discretion under this 
 section, have regard to the rights and interests of the members 
 of the company or of any class of them, as well as to the rights 
 and interests of the creditors, and may, if it thinks fit, adjourn 
 the proceedings in order that an arrangement may be made 
 to the satisfaction of the Court for the purchase of the interests 
 of dissentient members; and may give such directions and make 
 such orders as it may think expedient for facilitating or carrying 
 into effect any such arrangement: Provided that no part of the 
 capital of the company may be expended in any such purchase. 
 
 6. An office copy of the order confirming the alteration, 
 together with a copy of the memorandum as altered, shall, 
 within fifteen days from the date of the order, be delivered by 
 the company to the Registrar, and he shall register the same, 
 and shall certify the registration under his hand, and the certi- 
 ficate shall be conclusive evidence that all the requirements 
 of this Ordinance with respect to the alteration and the con- 
 firmation thereof have been complied with, and thenceforth 
 the memorandum so altered shall be the memorandum of the 
 company. 
 
 The Court may by order at any time extend the time for the 
 delivery of documents to the Registrar^ under this section for 
 such period as the Court may think proper. 
 
 7. The Registrar shall cause the certificate, together with 
 a statement of the objects of the company, as altered, to be 
 published at the expense of the company for four weeks in the 
 Gazette. 
 
 8. If a company makes default in delivering to the Registrar 
 any document required by this section to be delivered to him, 
 the company shall be liable to a fine not exceeding fifty dollars 
 for every day during which it is in default. No. 15 of 1914, s. 19 . 
 
 Articles of Association. 
 
 Registration 20. There may, in the case of a company limited by 
 of articles. glares, and there shall, in the case of a company limited by 
 guarantee or unlimited, be registered with the memorandum 
 articles of association signed by the subscribers to the memo- 
 randum and prescribing regulations for the company. 
 
 2. A company may by its articles of association adopt 
 all or any of the regulations contained in Table A in the First 
 Schedule to this Ordinance. 
 
Companies. Chap. 18. 117 
 
 3. In the case of an unlimited company or a company 
 limited by guarantee, the articles, if the company has a share 
 capital, must state the amount of share capital with which the 
 company proposes to be registered. 
 
 4. In the case of an unlimited company or a company 
 limited by guarantee, if the company has not a share capital, 
 the articles must state the number of members with which 
 the company proposes to be registered, for the purpose of 
 enabling the Registrar to determine the fees payable on registra- 
 tion. No. 15 of 1914, s. 20. 
 
 21. In the case of a company limited by shares and registered Application 
 after the first day of May, 1914, if articles are not registered, °f Table A. 
 or, if articles are registered, in so far as the articles do not 
 exclude or modify the regulations in Table "A in the First 
 Schedule to this Ordinance, those regulations shall, so far as 
 applicable, be the regulations of the company in the same 
 manner and to the same extent as if they were contained in 
 
 duly registered articles. No. 15 of 1914, s. 21. 
 
 22. Articles must — Form and 
 
 (a) Be printed or typewritten : eignature of 
 
 (6) Be divided into paragraphs numbered consecutively: 
 (c) If registered with the memorandum, be signed by 
 each subscriber of the memorandum of association in the 
 presence of at least one witness, who must attest the 
 signature. No. 15 of 1914, s. 22. 
 
 23. Subject to the provisions of this Ordinance and to Alteration of 
 the conditions contained in its memorandum, a company may H^eci&f ^^ 
 by special resolution alter or add to its articles; and any altera- resolution, 
 tion or addition so made shall be as valid as if originally contained 
 
 in the articles, and be subject in like manner to alteration by 
 special resolution. 
 
 2. The power of altering articles under this section shall, 
 in the case of an unlimited company, extend to altering any 
 regulations relating to the amount of capital or its distribution 
 into shares, notwithstanding that those regulations ara contained 
 in the memorandum. No. 15 of 1914, s. 23. 
 
 General Provisions. 
 
 24. The memorandum and articles shall, when Effect of 
 registered, bind the company and the members thereof to the ^d"articie"'" 
 same extent as if they respectively had been signed and sealed 
 by each member, and contained covenants on the part of each 
 member, his heirs, executors, and administrators, to observe 
 all the provisions of the memorandum and of the articles, subject 
 to the provisions of this Ordinance. 
 
 2. All money payable by any member to the company 
 under the memorandum or articles shall be a debt due from 
 him to the company of the nature of a specialty debt. No. 15 
 of 1914, s. 24. 
 
 :lee. 
 
118 
 
 Chap. 18. 
 
 Companies. 
 
 Registration 
 of memoran- 
 dum and 
 articles. 
 
 Contents of 
 certificate of 
 registration. 
 
 25. The memorandum and the articles (if any) shall be 
 delivered to the Registrar, and he shall retain and register 
 them. No. 15 of 1914, s. 25. 
 
 26. On the registration of thp memorandum of a com- 
 pany the Registrar shall issue a csrtificate under his seal of 
 office, showing — 
 
 (a) That the company is incorporated: 
 (6) The amount of its capital (if any) : 
 
 (c) The number of shares into which it is divided: 
 
 (d) In the case of a limited company, that the company 
 is limited: 
 
 (e) In the case of a mining company incorporated with 
 non-personal liability, that the liability of the company 
 and the shareholders therein is specially limited under 
 Party.: 
 
 (y) The place where the registered office of the company is 
 to be situate. 
 
 2. From the date of incorporation mentioned in the cer- 
 tificate of incorporation the subscribers of the memorandum 
 together with such other persons as may from time to time 
 become members of the company, shall be a body corporate by 
 the name contained in the memorandum, capable forthwith 
 of exercising all the functions of an incorporated company, 
 and having perpetual succession and a common seal, with power 
 to hold lands, but with such liability on the part of the members 
 to contribute to the assets of the company in the event of its 
 being wound up as is mentioned in this Ordinance. 
 
 3. The Registrar shall, at the cost of the parties applying 
 for registration of a memorandum of association, publish the 
 certificate of incorporation and a statement showing the objects 
 for which the company named in the certificate has been incor- 
 porated, for four weeks in the Gazette. No. 15 of 1914, s. 26. 
 
 Conclusive- 27. A Certificate of incorporation given by the Registrar 
 certificate of ii respect of any company shall be conclusive evidence that 
 incorporation. aU the requirements of this Ordinance in respect of registra- 
 tion and of matters precedent and incidental thereto have been 
 complied with, and that the association is a company authorized 
 to be registered and duly registered under this Ordinance. 
 2. A statutory declaration by a solicitor of the Territorial 
 Court engaged in the formation of the company, or by a person 
 named in the articles as a director or secretary of the company, 
 of compliance with all or any of the said requirements shall be 
 produced to the Registrar, and the Registrar may accept such 
 a declaration as sufficient evidence of compliance. No. 15 of 
 1914, s. 27. 
 
 Copies of 28. Every company shall send to every member, at 
 
 Mdartfcles™ ^^^ request, and on payment of two dollars or such less sum 
 to be given as the company may prescribe, a copy of the memorandum 
 to members. ^^^^ ^f ^jje articles (if any). 
 
 2. If a company makes default in complying with the 
 requirements of this section, it shall be liable for each offence 
 to a fine not exceeding five dollars. No. 15 of 1914, s. 28. 
 
 Publication 
 of certificate. 
 
Companies. Chap. 18. 119 
 
 Companies limited by Guarantee. 
 
 29. In the case of a company Umited by guarantee Provisions as 
 and not having a share capital, and registered after the first lir^^^b'y"^ 
 day of May, 1914, every provision in the memorandum or articles guarantee. 
 or m any resolution of the company purporting to give any 
 person a right to participate in the divisible profits of the com- 
 pany otherwise than as a member shall be void. 
 
 2. For the purpose of the provisions of this Ordinance 
 relating to the memorandum of a company limited by guarantee 
 and of this section, every provision in the memorandum or 
 articles, or in any resolution, of any company limited by guar- 
 antee and registered on or after the first day of May, 1914, 
 purporting to divide the undertaking of the company into 
 shares or interests shall be treated as a provision for a share 
 capital, notwithstanding that the nominal amount or number 
 of the shares or interests is not specified thereby. No. 15 of 
 1914, s. 29. 
 
 PART III. 
 
 Distribution and Reduction of Share Capital, Registra- 
 tion OF Unlimited Company as Limited, and 
 Unlimited Liability of Directors. 
 
 Distribution of Share Capital. 
 
 SO. The shares or other interest of any member in a Nature of 
 company shall be personal estate, transferable in manner ^^*'"^^- 
 provided by the articles of the company, and shall not be of the 
 nature of real estate. 
 
 2. Each share in a company having a share capital shall be Numbering 
 distinguished by its appropriate number. No. 15 of 1914, «^*''«=- 
 s. 30. 
 
 31. A certificate, under the common seal of the company. Certificate of 
 specifying any shares or stock held by any member, shall be gtookV^ 
 prima facie evidence of the title of the member to the shares evidence of 
 or stock. No. 15 of 1914, s. 31. title. 
 
 32. The subscribers of the memorandum of a company Definition of 
 shall be deemed to have agreed to become members of the member, 
 company, and on its registration shall be entered as members 
 
 in its register of members. 
 
 2. Every other person who agrees to become a member 
 of a company, and whose name is entered in its register of 
 members, shall be a member of the company. No. 15 of 1914, 
 s. 32. 
 
 33. Every company shall keep in one or more books Register of 
 a register of its members, and enter therein the following parti— ■"«'"^«''s. 
 culars : — 
 
120 
 
 Chap. 18. 
 
 Companies. 
 
 (a) The names and addresses and the occupations (if 
 any) of the members, and, in the case of a company 
 having a share capital, a statement of the shares held 
 by each member, distinguishing each share by its num- 
 ber, and of the amount paid or agreed to be considered 
 as paid on the shares of each member: 
 
 (6) The date at which each person was entered in the 
 register as a member : 
 
 (c) The date at which any person ceased to be a member. 
 
 2. If a company fails to comply with this section it shall 
 be liable to a fine not exceeding twenty-five dollars for every 
 day during which the default continues; and every director 
 and nianager of the company who knowingly and wilfully 
 authorizes or permits the default shall be liable to the like penalty 
 No. 15 of 1914, s. 33. 
 
 Annual list 
 of members 
 and sum- 
 mary. 
 
 34. Every company having a share capital shall once 
 at least in every year make a list of all persons who, on the 
 fourteenth day after the first or only ordinary general meeting 
 in the year, are members of the company, and of all persons 
 who have ceased to be members since the date of the last return 
 or (in the case of the first return) of the incorporation of the 
 company. 
 
 _ 2. The list must state the names, addresses, and occupa- 
 tions of all the past and present members therein mentioned, 
 and the number of shares held by each of the existing members 
 at the date of the return, specifying shares transferred since 
 the date of the last return, or (in the case of the first return) 
 of the incorporation of the company, by persons who are still 
 members and have ceased to be members respectively, and 
 the dates of registration of the transfers, and must contain a 
 summary distinguishing between shares issued for cash and 
 shares issued as fully or partly paid up otherwise than in cash, 
 and specifying the following particulars: — 
 
 (a) The amount of the share capital of the company, 
 and the number of the shares into which it is divided: 
 
 (b) The number of shares taken from the commencement 
 of the company up to the date of the return: 
 
 (c) The amount called up on each share: 
 
 (d) The total amount of calls received : 
 
 (e) The total amount of calls unpaid: 
 
 (/) The total amount of the sums (if any) paid by way 
 of conimission in respect of any shares or debentures, 
 or allowed by way of discount in respect of any deben- 
 tures, since the date of the last return: 
 
 (g) The total number of shares forfeited: 
 
 (h) The total amount of shares or stock for which share 
 warrants are outstanding at the date of the return: 
 
 (t) The total amount of share warrants issued and sur- 
 rendered respectively since the date of the last return: 
 
 (j) The number of shares or amount of stock comprised 
 in each share warrant: 
 
Companies. Chap. 18. 121 
 
 (fc) The names and addresses of the persons who at the 
 date of the return are the directors of the company, 
 or occupy the position of directors, by whatever name 
 called; and 
 
 (I) The total amount of debt due from the company in 
 respect of all mortgages and charges which are required 
 to be registered with the Registrar under this Ordinance: 
 
 3. The summary must also (except where the company 
 is a private company) include a statement, made up to such 
 date as may be specified in the statement, in the form of a 
 balance-sheet, audited and signed by the company's auditors, 
 and containing a summary of its share capital, its liabilities 
 and its assets, giving such particulars as will disclose the general 
 nature of those liabilities and assets, and how the values of the 
 fixed assets have been arrived at, but the balance-sheet need 
 not include a statement of profit and loss. 
 
 4. The above list and summary must be contained in 
 a separate part of the register of members, and must be com- 
 pleted within seven days after the fourteenth day aforesaid, 
 and the company must forthwith forward to the Registrar 
 a copy signed by the manager, the secretary, or by some other 
 ofiicer of the companJ^ 
 
 5. If a company makes default in complying with the 
 requirements of this section it shall be liable to a fine not exceed- 
 ing twenty-five dollars for every day during which the default 
 continues, and every director and manager of the company 
 who knowingly and wilfully authorizes or permits the default 
 shall be liable to the like penalty. 
 
 6. Every extra-territorial registered company shall, within 
 the time hereinbefore mentioned, file with the Registrar a 
 statement setting forth all the information with reference to 
 such company required by subclauses (k) and (I) of subsection 
 (2) hereof and by subsection (3) hereof, and such statement shall 
 be certified by the auditors and by the president, vice-president, 
 secretary, or other officer of such company; but, save as aforesaid, 
 this section shall not apply to an extra-territorial company. 
 No. 15 of 1914, s. 34. 
 
 35. No notice of any trust, expressed, implied, or con- Trusts not 
 
 to be entere 
 on register. 
 
 structive, shall be entered on the register, or be receivable, by *° ^^ entered 
 
 the Registrar, in the case of companies registered pursuant 
 to this Ordinance. No. 15 of 1914, s. 35. 
 
 36. On the application of the transferor of any share or Registration 
 interest in a company, the company shall enter in its register °[ request of 
 of members the name of the transferee in the same manner transferor, 
 and subject to the same conditions as if the application for the 
 entry were made by the transferee. No. 15 of 1914, s. 36. 
 
 3'7. A transfer of the share or other interest of a deceased Transfer by 
 member of a company made by his personal representative presentative. 
 shall, although the personal representative is not himself a 
 member, be as valid as if he had been a member at the time of 
 
122 
 
 Chap. 18. 
 
 Companies. 
 
 Executors 
 and pledgors 
 voting. 
 
 the execution of the instrument of transfer. No. 15 of 1914, 
 s. 37. 
 
 38. Every executor, administrator, guardian, or trustee 
 shall represent the shares or stock in his hands at all meetings 
 of the company, and may vote accordingly as a shareholder; 
 and every person who pledges his stock may nevertheless 
 represent the same at all such meetings, and may vote accord- 
 ingly as a shareholder. No. 15 of 1914, s. 38. 
 
 Trustees, etc. 39, ^^ person holding shares, stock, or other interest in the 
 company as executor, administrator, guardian, or trustee shall 
 be personally subject to liability as a shareholder; but the 
 estates 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 person interested in the trust fund would 
 be if living and competent to act and holding such shares, 
 stock, or other interest in his own name. No. 15 of 1914, s. 39. 
 
 40. No person holding shares, stock or other interest as 
 collateral security shall be personally subject to liability as 
 a shareholder; but the person pledging such shares, stock, or 
 other interest as such collateral security shall be considered 
 as holding the same, and shall be liable as a shareholder in 
 respect thereof. No. 15 of 1914, s. 40. 
 
 Non-personal 
 liability of 
 mortgagee or 
 pledgee of 
 shares. 
 
 Inspeo tion 
 of register 
 of members. 
 
 Power to 
 
 close 
 
 register. 
 
 41. The register of members, commencing from the date 
 of the registration of the company, shall be kept at the registered 
 office of the company, and, except when closed under the pro- 
 visions of this Ordinance, shall during business hours (subject 
 to such reasonable restrictions as the company in general 
 meeting may impose, so that not less than two hours in each 
 day be allowed for inspection) be open to the inspection 
 of any member gratis, and to the inspection of any other person 
 on payment of twenty-five cents, or such less sum as the company 
 may prescribe, for each inspection. 
 
 2. Any member or other person may require a copy of the 
 register, or of any part thereof, or of the list and summary 
 required by this Ordinance, or any part thereof, on payment 
 of twenty-five cents, or such less sum as the company may pre- 
 scribe, for every hundred words or fractional part thereof 
 required to be copied. 
 
 3. If any inspection or copy required under this section 
 is refused, the company shall be liable for each refusal to a 
 fine not exceeding ten dollars, and to a further fine not exceeding 
 ten dollars for every day during which the refusal continues, 
 and every director and manager of the company who knowingly 
 authorizes or permits the refusal shall be liable to the like 
 penalty; and any Judge of the Territorial Court may by order 
 compel an immediate inspection of the register. No. 15 of 
 1914, s. 41. 
 
 42. A company may, on giving notice by advertisement 
 in some newspaper circulating in the district in which the 
 
Companies. Chap. 18. 123 
 
 registered office of the company is situate, close the register of 
 members for any time or times not exceeding in the whole 
 thirty days in each year. No. 15 of 1914, s. 42. 
 
 43. If— 
 
 (a) The name of any person is, without sufficient cause, Power of 
 entered in or omitted from the register of members of rectify*" 
 a company; or register. 
 
 (b) Default is made or unnecessary delay takes place in 
 entering on the register the fact of any person having 
 ceased to be a member, — 
 
 the person aggrieved, or any member of the company, or the 
 company, may apply to the Court for rectification of the register. 
 
 2. The application may be made to a Judge of the Territorial 
 Court sitting in Chambers; and the Court may cither refuse 
 the application, or may direct rectification of the register, 
 and payment by the company of any damages sustained by any 
 party aggrieved. 
 
 3. On any application under this section the Court may 
 decide any question relating to the title of any person who is 
 a party to the application to have his name entered in or omitted 
 from the register, whether the question arises between members 
 or alleged members, or between members or alleged members 
 on the one hand and the company on the other hand; and 
 generally may decide any question necessary or expedient to 
 be decided for rectification of the register. 
 
 4. In the case of a company required by this Ordinance 
 to send a list of its members to the Registrar, the Court, when 
 making an order for rectification of the register, shall by its 
 order direct notice of the rectification to be given to the Regis- 
 trar. No. 15 of 1914, s. 43. 
 
 44. The register of members shall be prima facie evidence Register to 
 of any matter by this Ordinance directed or authorized to be ^® evidence, 
 inserted therein. No. 15 of 1914, s. 44. 
 
 SHARE WARRANTS. 
 
 45. A company limited by shares, if so authorized ^f^^^^^j^ 
 by its articles, may, with respect to any fully paid-up shares, shfre war- 
 
 or to stock, issue under its common seal a warrant stating that rants to ' 
 
 the bearer of the warrant is entitled to the shares or stock ''®^''^'■• 
 therein specified, and may provide, by coupons or otherwise, 
 for the payment of the future dividends on the shares or stock 
 included in the warrant (in this ■ Ordinance termed "a share. 
 
 warrant")- 
 
 2. A share warrant shall entitle the bearer thereof to the 
 shares or stock therein specified, and the shares or stock may 
 be transferred by delivery of the warrant. 
 
 3. The bearer of a share warrant shall, subject to the articles 
 of the company, be entitled, on surrendering it for cancellation, 
 to have his name entered as a member in the register of members; 
 and the company shall be responsible for any loss incurred by 
 
124 
 
 Chap. 18. 
 
 Companies. 
 
 Power of 
 company to 
 arrange for 
 different 
 amounts 
 being paid 
 on shares. 
 
 Power to 
 return 
 
 accumulated 
 profits in 
 reduction of 
 paid-up 
 share 
 capital. 
 
 any person by reason of the company entering in its register 
 the name of a bearer of a share warrant in respect of the shares 
 or stock therein specified without the warrant being surrendered 
 and cancelled. 
 
 4. The bearer of a share warrant may, if the articles of the 
 company so provide, be deemed to be a member of the company 
 within the meaning of .this Ordinance, either to the full extent 
 or for any purposes defined in the articles; except that he shall 
 not be qualified in respect of the shares or stock specified in 
 the warrant for being a director or manager of the company, 
 in cases where such a qualification is required by the articles. 
 
 5. On the issue of a share warrant the company shall strike 
 out of the register of members the name of the member then 
 entered therein as holding the shares or stock specified in the 
 warrant as if he had ceased to be a member, and shall enter 
 in the register the following particulars, namely : — 
 
 (a) The fact of the issue of the warrant; 
 (6) A statement of the shares or stock included in the 
 warrant, distinguishing each share by its number; and 
 (c) The date of the issue of the warrant. 
 
 6. Until the warrant is surrendered, the above particu- 
 lars shall be deemed to be the particulars required by this 
 Ordinance to be entered in the register of members; and, 
 on the surrender, the date of the surrender must be entered 
 as if it were the date at which a person ceased to be a member 
 No. 15 of 1914, s. 45. 
 
 differential Shares. 
 
 46. A company, if so authorized by its articles, may do 
 any one or more of the following things, namely: — 
 
 (1.) Make arrangements on the issue of shares for a differ- 
 ence between the shareholders in the amounts and 
 times of payment of calls on their shares: 
 
 (2.) Accept from any member who assents thereto the 
 whole or a part of the amount remaining unpaid on any 
 shares held by him, although no part of that amount 
 has been called up: 
 
 (3.) Pay dividend in proportionate the amount paid up 
 on each share where a larger amount is paid up on some 
 shares than on others. No. 15 of 1914, s. 46. 
 
 Reduction of Paid-up Capital out of Profits. 
 
 47. When a company has accumulated a sum of un- 
 divided profits, which with the sanction of the shareholders 
 may be distributed among the shareholders in the form of a 
 dividend or bonus, it may, by special resolution, return, the 
 same, or any part thereof, to the shareholders in reduction 
 of the paid-up capital of the company, the unpaid capital being 
 thereby increased by a similar amount. 
 
 2. The resolution shall not take effect until a memoran- 
 dum, showing the particulars required by this Ordinance in 
 the case of a reduction of share capital, has been produced 
 
Companies Chap. 18. 125 
 
 to and registered by the Registrar, but the other provisions 
 of this Ordinance with respect to reduction of share capital 
 shall not apply to a reduction of paid-up share capital under 
 this section. 
 
 3. On a reduction of paid-up capital in pursuance of this 
 section, any shareholder, or any one or more of several joint 
 shareholders, may, within one month after the passing of the 
 resolution for the reduction, require the company to retain, 
 and the company shall retain accordingly, the whole of the 
 money actually paid on the shares held by him either alone 
 or jointly with any other person, which, in consequence of the 
 reduction, would otherwise be returned to him or them, and 
 thereupon those shares shall, as regards the payment of dividend, 
 be deemed to be paid up to the same extent only as the shares 
 on which payment has been accepted by the shareholders in 
 reduction of paid-up capital; and the company shall invest 
 and keep invested the money so retained in such securities 
 authorized for investment by trustees as the company may 
 determine, and on the money so invested, or on so much thereof 
 as from time to time exceeds the amount of calls subsequently 
 made on the shares in respect of which it has been retained, 
 the company shall pay the interest received from time to time 
 on the securities. 
 
 4. The amount retained and invested shall be held to 
 represent the future calls which may be made to replace the 
 share capital so reduced on those shares, whether the amount 
 obtained on sale of the whole or such proportion thereof as 
 represents the amount of any call when made produces more 
 or less than the amount of the call. 
 
 5. On a reduction of paid-up share capital in pursuance 
 of this section, the powers vested in the directors of making 
 calls on shareholders in respect of the amount unpaid on their 
 shares shall extend to the amount of the unpaid share capital 
 as augmented by the reduction. 
 
 6. After any reduction of share capital under this section 
 the company shall specify in the annual list of members re- 
 quired by this Ordinance the amounts retained at the request 
 of any of the shareholders in pursuance of this section, and 
 shall specify in the statements of account laid before any general 
 meeting of the company the amount of undivided profits re- 
 turned in reduction of paid-up share capital under this section. 
 No. 15 of 1914, s. 47. 
 
 Alteration of Share Capital. 
 
 48. A company limited by shares, if so authorized Power of 
 by its articles, may alter the conditions of its memorandum Jg^f^^d by, 
 as follows; that is to say, it may — shares to 
 
 (a) Increase its share capital by the issue of new shares ^^^^^^g'^lpit^i. 
 
 of such amount as it thinks expedient: 
 (&) Consolidate and divide all or any of its share capital 
 into shares of larger amount than its existing shares: 
 (c) Convert all or any of its paid-up shares into stock, 
 and reconvert that stock into paid-up shares of any 
 denomination: 
 
126 
 
 Chap. 18. 
 
 Companies. 
 
 (d) Subdivide its shares, or any of them, into shares of 
 smaller amount than is fixed by the memorandum, 
 so, however, that in the subdivision the proportion 
 between the amount paid and the amount (if any) 
 unpaid on each reduced share shall be the same as it 
 was in the case of the share from which the reduce 
 share is derived: 
 
 (e) Cancel shares which, at the data of the passing of 
 the resolution in that behalf, have not been taken or 
 agreed to be taken by any person, and diminish the 
 amount of its share capital by the amount of the shares 
 so cancelled. 
 
 2. The powers conferred by this section with respect to 
 subdivision of shares must be exercised by special resolution. 
 
 3. Where any alteration has been made under this section 
 in the memorandum of a company, every copy of the mem- 
 orandum issued after the date of the alteration shall be in 
 accordance with the alteration. 
 
 If a company makes default in complying with this provision 
 it shall be liable to a fine not exceeding five dollars for each 
 copy in respect of which default is made; and every director 
 and manager of the company who knowingly and wilfully 
 authorizes or permits the default shall be liable to the like 
 penalty. 
 
 4. A cancellation of shares in pursuance of this section 
 shall not be deemed to be a reduction of share capital within 
 the meaning of this Ordinance. No. 15 of 1914, s. 48. 
 
 Notice to 
 Registrar of 
 consolidation 
 of share 
 capital, con- 
 version of 
 shares into 
 stock, etc. 
 
 49. Where a company having a share capital has consoli- 
 dated and divided its share capital into shares of larger amount 
 than its existing shares, or converted any of its shares into 
 stock, or reconverted stock into shares, it shall give notice 
 to the Registrar of the consolidation, division, conversion, 
 or reconversion, specifying the shares consolidated, divided, 
 or converted, or the stock reconverted. No. 15 of 1914, s. 49. 
 
 Effect of 
 conversion 
 of shares 
 into stock. 
 
 Notice of 
 increase 
 share capital 
 or of 
 members. 
 
 50. Where a company having a share capital has converted 
 any of its shares into stock, and given notice of the conversion 
 to the Registrar, all the provisions of this Ordinance which 
 are applicable to shares only shall cease as to so much of the 
 share capital as is converted into stock; and the register of 
 members of the company, and the list of members to be for- 
 warded to the Registrar, shall show the amount of stock held by 
 each member instead of the amount of shares and the par- 
 ticulars relating to shares hereinbefore required by this Ordi- 
 nqjice. No. 15 of 1914, s. 50. 
 
 51. Where a company having a share capital, whether 
 its shares have or have not been converted into stock, has 
 increased its share capital beyond the registered capital, 
 and where a company not having a share capital has increased 
 the number of its members beyond the registered number, 
 it shall give to the Registrar, in the case of an increase of share 
 
Companies. Chap. 18. 127 
 
 capital, within fifteen days after the passing, or in the case 
 of a special resolution the confirmation, of the resolution author- 
 izing the increase, and in the case of an increase of members 
 within fifteen days after the increase was resolved on or took 
 place, notice of the increase of capital or members, and the 
 Registrar shall record the increase. 
 
 2. If a company makes default in complying with the 
 requirements of this section it shall be liable to a fine not exceed- 
 ing twenty-five dollars for every day during which the default 
 continues; and every director and manager of the company 
 who knowingly and wilfully authorizes or permits the default 
 shall be Kable to the like penalty. No. 15 of 1914, s. 51. 
 
 52. A company limited by shares may, by special Reorganiza- • 
 resolution confirmed by an order of the Court, modify the f°\°{ ^^"® 
 conditions contained in its memorandum so as to reorganize "^^^ 
 
 its share capital, whether by the consolidation of shares of 
 different classes or by the division of its shares into shares 
 of different classes : 
 
 Provided that no preference or special privilege attached 
 to or belonging to any class of shares shall be interfered with 
 except by a resolution passed by a maj ority in number of share- 
 holders of that class holding three-fourths of the share capital 
 of that class and confirmed at a meeting of shareholders of that 
 class in the same manner as a special resolution of the company 
 is required to be confirmed, and every resolution so passed 
 shall bind all shareholders of the class. 
 
 2. Where an order is madeunder this section. a copy thereof, 
 certified by the clerk of the Court, shall be filed with the Regis- 
 trar within seven days after the making of the order, or within 
 such further time as the Court may allow, and the resolution 
 shall not take effect until such a copy has been so filed. No. 15 . 
 of 1914, s. 52. 
 
 Reduction of Share Capital. 
 
 53. Subject to confirmation by the Court, a company Special reso- 
 limited by shares, if so authorized by its articles, may by special reduction of 
 resolution reduce its share capital in any way, and in particular share 
 (without prejudice to the generality of the foregoing power) capital. 
 may — 
 
 (a) Extinguish or reduce the liability on any of its shares 
 in respect of share capital not paid up; or 
 
 (b) Either with or without extinguishing or reducing 
 liability on any of its shares, cancel any paid-up share 
 capital which is lost or unrepresented by available assets; 
 or 
 
 (c) Either with or without extinguishing or reducing 
 liability on any of its shares, pay off any paid-up share 
 capital which is in excess of the wants of the company; 
 
 and may, if and so far as is necessary, alter its memorandum 
 by reducing the amount of its share capital and of its shares 
 accordingly. 
 
128 
 
 Chap. 18. 
 
 Companies. 
 
 Application 
 to Court for 
 confirming 
 order. 
 
 Addition to 
 name of 
 company of 
 "and 
 reduced." 
 
 Objections 
 by creditors, 
 and settle- 
 ment of list 
 of objecting 
 creditors. 
 
 2. A special resolution under this section is in this Ordi- 
 nance called "a resolution for reducing share capital". No. 15 
 of 1914, s. 53. 
 
 54. Where a company has passed and confirmed a reso- 
 lution for reducing share capital it may apply to the Court 
 for an order confirming the reduction. No. 15 of 1914, s. 54. 
 
 55. On and from the confirmation by a company of a reso- 
 lution for reducing share capital, or where the reduction does 
 not involve either the diminution of any liability in respect 
 of unpaid share capital, or the payment to any shareholder 
 of any paid-up share capital, then on and from the presenta- 
 tion of the petition for confirming the reduction, the company 
 shall add to its name, until such date as the Court may fix, 
 the words "and reduced," as the last words in its name, and 
 those words shall, until that date, be deemed to be part of the 
 name of the company : 
 
 Provided that, where the reduction does not involve either 
 the diminution of any liability in respect of unpaid share capital 
 or the payment to any shareholder of any paid-up share capital, 
 the Court may, if it thinks expedient, dispense altogether with 
 the addition of the words "and reduced." No. 15 of 1914, 
 s. 55. 
 
 56. Where the proposed reduction of share capital 
 involves either diminution of liability in respect of unpaid 
 share capital or the payment to any shareholder of any paid-up 
 share capital, and in any other case if the Court so directs, 
 every creditor of the company who at the date fixed by the 
 Court is entitled to any debt or claim which, if that date were 
 the commencement of the winding-up of the company, would 
 be admissible in proof against the company, shall be entitled 
 to object to the reduction. 
 
 2. The Court shall settle a list of creditors so entitled 
 to object, and for that purpose shall ascertain, as far as possible 
 without requiring an application from any creditor, the names 
 of those creditors and the nature and amount of their debts 
 or claims, and may publish notices fixing a day or days within 
 which creditors not entered oil the list are to claim to be so 
 entered or are to be excluded from the right of objection to 
 the reduction. 
 
 3. Where a creditor entered on the list whose debt or claim 
 is not discharged or determined does not consent to the reduc- 
 tion, the Court may, if it thinks fit, dispense with the consent 
 of that creditor, on the company securing payment of his debt 
 or claim by appropriating, as the Court may direct, the following 
 amount, that is to say: — 
 
 (a) If the company admits the full amount of his debt or 
 claim, or, though not admitting it, is willing to provide 
 for it, then the full amount of the debt or claim: 
 
 (6) If the company does not admit or is not willing to 
 provide for the full amount of the debt or claim, or if 
 
Companies. Chap. 18. 129 
 
 the amount is contingent or not ascertained, then an 
 amount fixed by the Court after the like inquiry and 
 adjudication as if the company were being wound up 
 by the Court. No. 15 of 1914, s. 56. 
 
 ST. The Court, if satisfied, with respect to every creditor of Order con- 
 the company who under this Ordinance is entitled to object to ^/J^gtfon 
 the reduction, that either his consent to the reduction has been 
 obtained or his debt or claim has been discharged or has deter- 
 mined, or has been secured, may make an order confirming the 
 reduction on such terms and conditions as it thinks fit. No. 15 
 of 1914,. s. 57. 
 
 58. 1. The Registrar, on production to him of an order of Registration 
 the Court confirming the reduction of the share capital of a °^°u+*'^of"'^ 
 company, and the delivery to him of a copy of the order and of reduction. 
 
 a minute (approved by the Court), showing with respect to the 
 share capital of the company, as altered by the order, the 
 amount of the share capital, the number of shares into which it is 
 to be divided, and the amount of each share, and the amount 
 (if any) at the date of the registration deemed to be paid up 
 on each share, shall register the order and minute. 
 
 2. On the registration, and not before, the resolution for 
 reducing the share capital as confirmed by the order so registered 
 shall take effect. 
 
 3. Notice of the registration shall be published in such 
 majiner as the Court may direct. 
 
 4. The Registrar shall certify under his hand the registra- 
 tion of the order and minute, and his certificate shall be con- 
 clusive evidence that all the requirements of this Ordinance 
 with respect to reduction of share capital have been com- 
 plied with, and that the share capital of the company is such as 
 is stated in the minute. No. 15 of 1914, s. 58. 
 
 59. (1.) The minute whan registered shall be deemed to be j'^^^*''^^ 
 substituted for the corresponding part of the memorandum of „£ memor- 
 the company, and shall be valid and alterable as if it had been andum. 
 originally contained therein, and must be embodied in every 
 
 copy of the memorandum issued after its registration. 
 
 2. If a company makes default in complying with the re- 
 quirements of this section it shall be liable to a fine not exceeding 
 five dollars for each copy in respect of which default is made ; 
 and every director and manager of the company who knowingly - 
 and wilfully authorizes or permits the default shall be liable to 
 the like penalty. No. 15 of 1914, s. 59. 
 
 60. A member of the company, past or present, shall not be Liability of 
 liable in respect of any share to any call or contribution exceed- ^l^ct* of'" 
 ing in amount the difference (if any) between the amount paid, reduced 
 or (as the case may be) the reduced amount (if any) which is shares. 
 
 to be deemed to have been paid, on the share and the amount 
 of the share as fixed by the minute: 
 
 Provided that if any creditor, entitled in respect of any debt 
 or claim to object to the reduction of share capital, is, by reason 
 70263—9 
 
130 
 
 Chap. 18. 
 
 Companies. 
 
 of his ignorance of the proceedings for reduction, or of their 
 iiature and effect with respect to his claim, not entered on the 
 list of creditors, and, after the reduction, the company is unable, 
 within the meaning of the provisions of this Ordinance with 
 respect to winding-up by the Court, to pay the amount of his 
 debt or claim, then — 
 
 (a) Every person who was a member of the company at 
 the date of the registration of the order for reduction and 
 minute shall be liable to contribute for the payment of 
 tha,t debt or claim an amount not exceeding the amount 
 which he would have been liable to contribute if the 
 company had commenced to be wound up on the day 
 before that registration; and 
 (6) If the company is wound up, the Court, on the appli- 
 cation of any such creditor, and proof of his ignorance 
 as aforesaid, may, if it thinks fit, settle accordingly a list 
 of persons so liable to contribute, and make and enforce 
 calls and orders on the contributories settled on the list 
 as if they were ordinary contributories in a winding-up. 
 Nothing in this section shall affect the rights of the contribu- 
 tories among themselves. No. 15 of 1914, s. 60. 
 
 61. If any director, manager, or officer of the company 
 wilfully conceals the name of any creditor of the company 
 entitled to object to the reduction, or wilfully misrepresents the 
 nature or amount of the debt or claim of any creditor, or if any 
 director or manager of the company aids or abets in or is pri,vy 
 to any such concealment or misrepresentation as aforesaid, every 
 such director, manager or officer shall, for every such violation 
 of this Ordinance, upon summary conviction, be liable to a fine 
 not exceeding five hundred dollars. No. 15 of 1914, s. 61. 
 
 Publication <}2. In any case of reduction of share capital, the Court 
 for reduction, ^'^^.y require the company to publish as the Court directs the 
 reasons for reduction, or such other information in regard thereto 
 as the Court may think expedient with a view to give proper 
 information to the public, and, if the Court thinks fit the causes 
 which led to the reduction. No. 15 of 1914, s. 62. 
 
 Concealing 
 name of 
 creditor 
 entitled to 
 object. 
 
 Increaae and 
 reduction of 
 share capital 
 in case of 
 a company , 
 limited by 
 guarantee 
 having a 
 share 
 capital. 
 
 63. A company limited by guarantee and registered after 
 the first day of May, 1914, may, if it has a share capital and is 
 so authorized by its articles, increase or reduce its share capital 
 in the same manner and subject to the same conditions in and 
 subject to which a company limited by shares may increase or 
 reduce its share capital under the provisions of this Ordinance. 
 No. 15 of 1914, s. 63. 
 
 Reduction of Capital by certain Limited Companies. 
 
 64. 1. In addition to the aforesaid power of reducing its 
 share capital, it shall be lawful for companies incorporated 
 under this or any former Ordinance of the Territory, whose 
 principal and main business is to acquire tracts of land with 
 
 netproce'eds the object of Subdividing the same into lots and selling such 
 
 Certain land 
 companies 
 empowered 
 to pay 
 dividends 
 out of the 
 
Companies. Chap. 18. 131 
 
 lots when so sub-divided as aforesaid, to declare and pay divi- f^f^^ °^ 
 dends out of the moneys being the net proceeds of the sale of 
 their lands so subdivided as aforesaid; and all such dividends 
 and payments shall be taken and considered as a reduction of 
 the capital of such company : 
 
 Provided such companies have paid all debts legally owing 
 by them, or have made ample provision for the payment of 
 the same, testified by a statutory declaration made by the 
 secretary of the company, who shall also exhibit and file with 
 the Registrar a full, true and correct account of the liabilities 
 and assets of the company. 
 
 2. A resolution passed by the shareholders holding at least 
 two-thirds in value of the paid-up capital stock of the company, 
 at any general meeting of shareholders, shall be necessary for 
 the declaration and payment of such dividends; and such reso- 
 lution shall only be passed after the expiration of ten days from 
 the filing of the statutory declaration hereinbefore required to 
 be filed with the Registrar. 
 
 3. A copy of every such resolution, under the seal of the 
 company, and certified to by the secretary of the company, 
 shall be filed in the office of the Registrar within ten days after 
 the passing of the resolution, and ten days shall elapse after the 
 filing thereof before payment out of any such dividends to the 
 shareholders shall be made. 
 
 4. After the filing of every such resolution with the Regis- 
 trar, the said Registrar shall, by a notice published in four 
 issues of the Gazette, declare to what sum the capital of any such 
 company, by such payment of dividends, stands reduced; and 
 the company shall pay the Registrar the costs of such publica- 
 tion. No. 15 of 1914, s. 64. 
 
 Registration of Unlimited Company as Limited. 
 
 G5. 1. Subject to the provisions of this section, any com- Registration 
 pany registered as unlimited may register under this Ordinance, oompany*^*^ 
 as limited, but the registration of an unlimited company as a as limited, 
 limited company shall not affect any debts, liabilities, obligations, 
 or contracts incurred or entered into by, to, with, or on behalf of 
 the company before the registration, and those debts, liabilities, 
 obligations, and contracts may be enforced in manner provided 
 by Part XII of this Ordinance in the case of a company regis- 
 tered in pursuance of that Part. 
 
 2. On registration in pursuance of this section the Registrar 
 shall close the former registration of the company, and may 
 dispense with the delivery to him of copies of any documents 
 with copies of which he was furnished on the occasion of the 
 original registration of the company, but, save as aforesaid, the 
 registration shall take place in the same manner and shall have 
 effect as if it were the first registration of the company under 
 this Ordinance, and as if the provisions of the Ordinance under 
 which the company was previously registered and regulated had 
 been contained in different Ordinances from those under which 
 the company is registered as a limited company. No. 15 of 
 1914, s. 65. 
 
 70263— 9§ 
 
132 
 
 Power of 
 unlimited 
 company to 
 
 Chap. 18. 
 
 Companies. 
 
 66. An unlimited company having a share capital may, 
 
 _ . by its resolution for registration as a limited company in pur- 
 
 JIse'i^e^hLe ^^P^® ^f this Ordinance, do either or both pf the following 
 
 capital on 
 registration. 
 
 Reserve 
 liability of 
 limited 
 company. 
 
 Limited 
 company 
 may have 
 directors 
 with un- 
 limited 
 liability. 
 
 Special 
 resolution of 
 limited 
 company 
 making 
 liability of 
 directoia 
 unlimited. 
 
 things, namely : — 
 
 (a) Increase the nominal amount of its share capital by 
 increasing the nominal amount of each of its shares,but 
 subject to the condition that no part of the increased 
 capital shall be capable of being called up except in the 
 event and for the purposes of the company being wound 
 up: 
 
 (b) Provided that a specified portion of its uncalled share 
 capital shall not be capable of being called up except in 
 the event and for the purposes of the company being 
 wound up. 
 
 Reserve Liability of Limited Company. 
 
 6?. A limited company may by special resolution determine 
 that any portion of its share capital which has not been already 
 called up shall not be capable of being called up, except in the 
 event and for the purposes of the company being wound up, 
 and thereupon that portion of its share capital shall not be 
 capable of being called up except in the event and for the pur- 
 poses aforesaid. No. 15 of 1914, s. 67. 
 
 Unlimited Liability of Directors. 
 
 68. 1. In a limited company the liability of the directors 
 or managers, or of the managing director, may, if so provided 
 by the memorandum, be unlimited. 
 
 2. In a limited company in which the liability of a director 
 or manager is unlimited, the directors or managers of the com- 
 pany (if any), and the member who proposes a person for 
 election or appointment to the office of director or manager, 
 shall add to that proposal a statement that the liability of the 
 person holding that office will be unlimited, and the promoters, 
 directors, managers, and secretary (if any) of the company, or 
 one of them, shall, before the person accepts the office or acts 
 therein, give him notice in writing that his liability will be 
 unlimited. 
 
 3. If any director, manager, or proposer makes default in 
 adding such a statement, or if any promoter, director, manager, 
 or secretary makes default in giving such a notice, he shall be 
 liable to a fine not exceeding five hundred dollars, and shall also 
 be liable for any damage which the person so elected or appointed 
 may sustain from the default, but the liability of the person 
 elected or appointed shall not be affected by the default. No. 
 15 of 1914, s. 68. 
 
 69. 1. A limited company, if so authorized by its articles, 
 may, by special resolution, alter its memorandum so as to render 
 unlimited the liability of its directors, or managers, or of any 
 managing director. 
 
Companies. Chap. 18. 133 
 
 2. Upon the confirmation of any such special resolution the 
 provisions thereof shall be as valid as if they had been originally 
 contained in the memorandum; and a copy thereof shall be 
 embodied in or annexed to every copy of the memorandum 
 issued after the confirmation of the resolution. 
 
 3. If a company makes default in complying with the 
 requirements of this section, it shall be liable to a fine not 
 exceeding five dollars for each copy in respect of which default 
 is made and every director or manager of the company who 
 knowingly and wilfully authorizes or permits the default shall 
 be liable to the like penalty. No. 15 of 1914, s. 69. 
 
 PART IV. 
 
 Management and Administration. 
 
 Office and Name. 
 
 TO. 1. Every company shall have a registered office in Registered 
 the Yukon Territory to which all communications and notices c^lnl 
 may be addressed, and may from time to time change the 
 location of its registered office. 
 
 2. Notice of the situation of the registered office of such 
 company shall be delivered to the Registrar with the memor- 
 andum of association, and notice of any change therein shall 
 be given to the Registrar, who shall record the same respectively. 
 
 3. If a company carries on business without complying 
 with the /requirements of this section it shall be liable to a 
 fine not exceeding twenty-five dollars for every day during 
 which it so carries on business. No. 15 of 1914, s. 70. 
 
 71. 1. Every limited company — 
 
 (a) Shall paint or affix, and keep painted or affixed, its Publication 
 name on the outside of every office or place in which its aS^mHed^ 
 business is carried on, in a conspicuous position, in company, 
 letters easily legible: 
 (h) Shall have its name engraven in legible characters 
 
 on its seal: 
 (c) Shall have its name mentioned in legible characters 
 in all notices, advertisements, and other official publica- 
 tions of the company, and in all bills of excha^ige, promis- 
 sory notes, indorsements, 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, receipts, 
 and letters of credit of the company. 
 2. If a limited company does not paint or afl&x, and keep 
 painted or affixed, its name in manner directed by this Ordin- 
 ance, it shall be liable to a fine not exceeding twenty-five dollars 
 for not so painting or afi&xing its name, and for every day during 
 which its name is not so kept painted or affixed; and every 
 director and manager of the company who knowingly and 
 wilfuUy authorizes or permits the default shall be liable to the 
 like penalty. 
 
134 
 
 Chap. 18. 
 
 Companies. 
 
 Annual 
 general 
 meeting. 
 
 First 
 statutory 
 meeting 
 of the com- 
 pany. 
 
 3. If any director, manager, or officer of a limited company, 
 or any person on its behalf, uses or authorizes the use of any 
 seal purporting to be a seal of the company whereon its name 
 IS not so engraven as aforesaid, or issues or authorizes the issue 
 of any notice, advertisement, or other official publication of the 
 company, or signs or authorizes to be signed on behalf of the 
 company any bill of exchange, promissory note, indorsement, 
 cheque, order for money or goods, or issues or authorizes to be 
 issued any bill of parcels, invoice, receipt, or letter of credit of 
 the company wherein its name is not mentioned in manner 
 aforesaid, he shall be liable, upoh summary conviction, to a 
 fine not exceeding two hundred and fifty dollars, and shall 
 further be personally 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 
 company. No. 15 of 1914, s. 71. 
 
 Meetings and Proceedings. 
 
 72. 1. A general meeting of every company shall be held 
 once at the least in every calendar year, and not more than eight- 
 een months after the holding of the last preceding general meeting, 
 and, if not so held, the company and every director, manager, 
 secretary, and other officer of the company who is knowingly 
 a party to the default shall be liable to a fine not exceeding two 
 hundred and fifty dollars. 
 
 2. When default has been made in holding a meeting of 
 the -company in accordance with the provisions of this section, 
 the Court may, on the application of any member of the company, 
 call or direct the calling of a general meeting of the company. 
 
 3. Every general meeting of the company shall be held 
 within the Territory. 
 
 4. This section shall not apply to an extra-territorial 
 company. No. 15 of 1914, s. 72. 
 
 73. 1. Every company limited by shares registered after 
 the first day of May, 1914, shall, within a period of not less than 
 one month nor more than three months from the date at which 
 the company is entitled to commence business, hold a general 
 meeting of the members of the company, which shall be called 
 "the statutory meeting." 
 
 2. The directors shall, at least seven days before the day 
 on which the meeting is held, forward a report (in this Ordin- 
 ance called "the statutory report") to every member of the 
 company and to every other person entitled under this Ordin- 
 ance to receive it. 
 
 3. The statutory report shall be certified by not less than 
 two directors of the company, or, where there are less than two 
 directors, by the sole director and manager, and shall state — 
 
 (a) The total number of shares allotted, distinguishing 
 shares allotted as fully or partly paid up otherwise than 
 in cash, and stating in the case of shares partly paid up the 
 extent to which they are so paid up, and in either case 
 the consideration for which they have been allotted: 
 
Companies. Chap. 18. 135 
 
 (6) The total amount of cash received by the company 
 in respect of all the shares allotted, distinguished as 
 aforesaid: 
 
 (c) An abstract of the receipts of the company on account 
 of its capital, whether from shares or debentures, and of 
 the payments made thereout, up to a date within seven 
 days of the date of the report, exhibiting under distinctive 
 headings the receipts of the company from shares and 
 debentures and other sources, the payments made there- 
 out, and particulars concerning the balance remaining 
 in hand, and an account or estimate of the preliminary 
 expenses of the company: 
 
 (d) The names, addresses, and descriptions of the directors, 
 auditors (if any), managers (if any), and secretary of 
 the company; and 
 
 (e) The particulars of any contract, the modification of 
 which is to be submitted to the meeting for its approval, 
 together with the particulars of the modification or 
 proposed modification. 
 
 4. The statutory report shall, so far as it relates to the 
 shares allotted by the company, and to the cash received in 
 respect of such shares, and to the receipts and payments of the 
 company on capital account, be certified as correct by the 
 auditors (if any) of the company. 
 
 5. The directors shall cause a copy of the statutory report, 
 certified as by this section required, to be filed with the Registrar 
 forthwith after the sending thereof to the members of the 
 company. 
 
 6. The directors shall cause a list showing the names, 
 descriptions, and addresses of the members of the company, 
 and the number of shares held by them respectively, to be pro- 
 duced at the commencement of the meeting, and to remain 
 open and accessible to any member of the company during 
 the continuance of the meeting. 
 
 7. The members of the company present at the meeting 
 shall be at liberty to discuss any matter relating to the forma- 
 tion of the company, or arising out of the statutory report, 
 whether previous notice has been given or not, but no resolution 
 of which notice has not been given in accordance with the 
 articles may be passed. 
 
 8. The meeting may adjourn from time to time, and at any 
 adjourned meeting any resolution of which notice has been 
 given in accordance with the articles, either before or sub- 
 sequently to the former meeting, may be passed, and the 
 adjourned meeting shall have the same powers as an original 
 meeting. 
 
 9. If a petition is presented to the Court in manner provided 
 by Part IX. of this Ordinance for winding up the company on 
 the ground of default in filing the statutory report or in holding 
 the statutory meeting, the Court, may, instead of directing that 
 the company hd wound up, give directions for the statutory 
 report to be filed or a meeting to be held, or make such other 
 order as may be just. 
 
136 
 
 Chap. 18. 
 
 Companies. 
 
 Convening 
 of extraor- 
 dinary 
 general 
 meeting on 
 requisition. 
 
 Provisions 
 as to 
 meetinga 
 arnd votes. 
 
 10. The provisions of this section as to the forwarding 
 and filing of the statutory report shall not apply in the case of 
 a private company. 
 
 11. If a company limited by shares makes default in com- 
 plying with the requirements of this section which apply to 
 it, such company shall be liable, on summary conviction, to 
 a fine not exceeding twenty-five dollars for each day during 
 which such default continues; and every director, manager, 
 or other officer of the company who knowingly and wilfully 
 authorizes or permits the default shall be liable to the like fine: 
 Provided that where default has been made in holding the 
 statutory meeting or filing the statutory report in this section 
 mentioned, the company, or any person liable for the default, 
 may apply to the Court for relief, and the Court, if satisfied 
 that such default was accidental or due to inadvertence, or that 
 it is just and equitable to grant relief, may make an order ex- 
 tending the time for compliance with this section for such period 
 as the Court may think proper. " No. 15 of 1914, s. 73. 
 
 74. 1. Notwithstanding anything in the articles of a 
 company, the directors of a company shall, on the requisition 
 of the holders of not less than one-tenth of the issued share 
 capital of the company upon which all calls or other sums then 
 due have been paid, forthwith proceed to convene an extra- 
 ordinary general meeting of the company. 
 
 2. The requisition must state the objects of the meeting, 
 and must be signed by the requisitionists and deposited at 
 the registered office of the company, and may consist of several 
 documents in like form, each signed by one or more requisi- 
 tionists. 
 
 3. If the directors do not proceed to cause a meeting to 
 be held within twenty-one days from the date of the requisition 
 being so deposited, the requisitionists, or a majority of them 
 in value, may themselves convene the meeting, but any meeting 
 so convened shall not be held after three months from the 
 date of the deposit. 
 
 4. If at any such meeting a resolution requiring confirma- 
 tion at another meeting is passed, the directors shall forthwith 
 convene a further extraordinary general meeting for the purpose 
 of considering the resolution and, if thought fit, of confirming 
 it as a special resolution; and, if the directors do not convene 
 the meeting within seven days from the date of the passing of 
 the first resolution, the requisitionists, or a majority of them 
 in value, may themselves convene the meeting. 
 
 5. Any meeting convened under this section by the requisi- 
 tionists shall be convened in the same manner, as nearly as pos- 
 sible, as that in which meetings are to be convened by directors. 
 No. 15 of 1914, s. 74. 
 
 75. In default of and subject to any regulations in the 
 articles, — 
 
 (a) A meeting of a company may be called by seven 
 days' notice in writing, served on every member in 
 manner in which notices are required to be served by 
 Table A in the First Schedule to this Ordinance: 
 
Companies. Chap. 18. 137 
 
 (6) Five members may call a meeting: 
 
 (c) Any person elected by the members present at a ineeting 
 may be chairman thereof: 
 
 (d) Every member shall have one vote in respect of each 
 share held by him. No. 15 of 1914, s. 75. 
 
 TG. A company which is a member of another company may, Representa- 
 by resolution of the directors, authorize any of its officials or any co*^p°niea at 
 other person to act as its representative at any meeting of meetings of 
 that other company, and the person so authorized shall be °^^?^ ""P" 
 
 DfimP^ Or 
 
 entitled to exercise the same powers on behalf of the company which they 
 which he represents as if he were an individual shareholder of ^^^ members, 
 that other company. No. 15 of 1914, s. 76. 
 
 TT. 1. A resolution shall be an extraordinary resolution Definitions 
 when it has been passed by a majority of not less than three- "^ry and^ 
 fourths of such members entitled to vote as are present in special 
 person or by proxy (where proxies are allowed) at a gfeneral resolution, 
 meeting of which notice specifying the intention to propose the 
 resolution as an extraordinary resolution has been duly given. 
 
 2. A resolution shall be a special resolution when it has 
 been- — • 
 
 , (a) Passed in manner required for the passing of an extra- 
 ordinary resolution; and 
 (5) Confirmed by a majority of such members entitled 
 to vote as are present in person or by proxy (where 
 proxies are allowed) at a subsequent general meeting, 
 of which notice has been duly given, and held after an 
 interval of not less than fourteen days, nor more than 
 one month, from the date of the first meeting. 
 
 3. At any meeting at which an extraordinary resolution 
 is submitted to be passed or a special resolution is submitted 
 to be passed or confirmed, a declaration of the chairman that 
 the resolution is carried shall, unless a poll is demanded, be 
 conclusive evidence of the fact without proof of the nuniber 
 or proportion of the votes recorded in favour of or against 
 the resolution. 
 
 4. At any meeting at which an extraordinary resolution 
 is submitted to be passed or a special resolution is submitted 
 to be passed or confirmed a poll may be demanded, if demanded 
 by three persons for the time being entitled according to the 
 articles to vote, unless the articles of the company require a 
 demand by such number of such persons, not in any case exceed 
 ing five, as may be specified in the articles. 
 
 5. When a poll is demanded in accordance with this section, 
 in computing the majority on the poll reference shall be had 
 to the number of votes to which each member is entitled by 
 the articles of the company. 
 
 6. For the purposes of this section notice of a meeting 
 shall be deemed to be duly given and the meeting to be duly 
 held when the notice is given and the meeting held in manner 
 provided by the articles. No. 15 of 1914, s. 77. 
 
138 
 
 Registration 
 and copies 
 of special 
 resolutions. 
 
 Chap. 18. 
 
 Companies. 
 
 Minutes of 
 proceedings 
 of meetings 
 and di- 
 rectors. 
 
 Restrictions 
 on appoint- 
 ment or ad- 
 vertisement 
 of director. 
 
 78. 1. A copy of every special and extraordinary reso- 
 lution duly authenticated as in section 124 of this Ordinance 
 provided, shall, within fifteen days from the confirmation of 
 the special resolution or from the passing of an extraordinary 
 resolution, as the case may be, be filed with the Registrar of 
 Companies. 
 
 2. Where articles have been registered, a copy of every 
 special resolution for the time being in force shall be embodied 
 in or annexed to every copy of the articles issued after the con- 
 firmation of the resolution. 
 
 3. Where articles have not been registered, a copy of every 
 special resolution shall be forwarded to any member at his 
 request, on payment of twenty-five cents, or such less sum 
 as the company may direct. 
 
 4. If a company makes default in forwarding a copy of 
 a special or extraordinary resolution to the Registrar, it shall 
 be liable to a fine not exceeding ten dollars for every day during 
 which the default continues. 
 
 5. If a company makes default in embodying in or annexing 
 to a copy of its articles or in forwarding to a member when 
 required by this section a copy of a special resolution,, it shall 
 be liable to a fine not exceeding five dollars for each copy in 
 respect of which default is made. 
 
 6. Every director and manager of a company who know- 
 ingly and wilfully authorizes or permits any default by the 
 company in complying with the requirements of this section 
 shall be liable to the like penalty as is imposed by this section 
 on the company for that default. No. 15 of 1914, s. 78. 
 
 TO. 1. Every company shall cause minutes of all pro- 
 ceedings of general meetings and (where there are directors 
 or managers) of its directors or managers to be entered in 
 books kept for that purpose. 
 
 2. Any such minute if purporting to be signed by the 
 chairman of the meeting at which the proceedings were had, 
 or by the chairman of the next succeeding meeting, shall be 
 evidence; of the proceedings. 
 
 3. Until the contrary is proved, every general meeting 
 of the company or meeting of directors or managers in respect 
 of the proceedings whereof minutes have been so made shall 
 be deemed to have been duly held and convened, and all pro- 
 ceedings had thereat to have been duly had, and all appoint- 
 ments of directors, managers, or liquidators shall be deemed 
 to be valid. No. 15 of 1914, s. 79. 
 
 Appointment, Qualification, etc., of Directors. 
 
 8©. 1. A person shall not be capable of being appointed 
 director of a company by the articles, and shall not be named 
 as a director or proposed director of a company in any pros- 
 pectus issued by or on behalf of the company, unless, before 
 the registration of the articles or the publication of the pros- 
 pectus, as the case may be, he has, by himself or by his agent 
 authorized in writing, — • 
 
Companies. Chap. 18. 139 
 
 (a) Signed and filed with the Registrar a consent in writing 
 to act as such director; and 
 
 (6) Either signed the memorandum for a number of shares 
 not less than his qualification (if any), or signed and 
 filed with the Registrar a contract in writing to take 
 from the company and pay for his qualification shares 
 (if any). 
 
 2. On the application for registration of the memorandum 
 and articles of a company the applicant shall deliver to the 
 Registrar a fist of the persons who have consented to be directors 
 of the company, and, if this list contains the name of any person 
 who has not so consented, the applicant shall be liable to a 
 fine not exceeding two hundred and fifty dollars. 
 
 3. This section shall not apply to a private company nor 
 to a prospectus issued by or on behalf of a company after the 
 expirabion of one year from the date at which the company 
 is entitled to commence business. No. 15 of 1914, s. 80. 
 
 81. 1. Without prejudice to the restrictions imposed Qualification 
 by the last preceding section, it shall be the duty of every °^ director. 
 director who is by the regulations of the company required 
 to hold a specified share qualification, and who is not already 
 qualified, to obtain his qualification within two months after 
 his appointment, or such shorter time as may be fixed by the 
 regulations of the company. 
 
 2. The office of director of a company shall be vacated 
 if the director does not within two months from the date of 
 his appointment, or within such shorter time as may be fixed 
 by the regulations of the company, obtain his qualification, 
 or if after the expiration of such period or shorter time he ceases 
 at any time to hold his qualification; and a person vacating 
 ofiice under this section shall be incapable of being reappointed" 
 director of the company until he has obtained his qualification. 
 3. If after the expiration of the said period or shorter 
 time any unqualified person acts as a director of the company, 
 he shall be liable to a fine not exceeding twenty-five dollars 
 for every day between the expiration of the said period or 
 shorter time and the last day on which it is proved that he 
 acted as a director. No. 15 of 1914, s. 81. 
 
 83. The acts of a director or manager shall be valid not- Validity of 
 withstanding any defect that may afterwards be discovered |9j|^°f^^ 
 in his appointment or qualification. No. 15 of 1914, s. 82. 
 
 83. 1. Every company shall keep at its registered office ^^*^°^j,g 
 a register containing the names and addresses and the occu- ^I'^^l gg^^ 
 pations of its directors or managers, and send to the Registrar to Registrar, 
 a copy thereof, and from time to time notify to the Registrar 
 any change among its directors or managers. 
 
 2. If default is made in compliance with this section, the 
 company - shall be liable to a fine not exceeding twenty-five 
 dollars for every day during which the default continues; and 
 every director and manager of the company who knowingly 
 
140 
 
 Chap. 18. 
 
 Companies. 
 
 Form of 
 contracts. 
 
 and wilfully authorises or permits the default shall be liablt 
 to the like penalty. No. 15 of 1914, s. 83. 
 
 Contracts, etc. 
 
 84. 1. Contracts on behalf of a company may be made 
 as follows, thi.t is to say:^ — ■ 
 
 (a) Any contract which if made between private persons 
 woula be by law required to be in writing, and if made 
 according to the law of the Territory or of the Dominion 
 to be under seal, may be made on behalf of the company 
 in writing under the common seal of the company, 
 and may in the same manner be varied or discharged: 
 (6) Any contract which if made between private persons 
 would be by law required to be in writing, signed by the 
 parties to be charged therewith, may be made on behalf 
 of the company in writing signed by any person acting 
 under its authority, express or implied, and may in the 
 same manner be varied or discharged: 
 (c) Any contract which if made between private persons 
 would by law be valid although made by parole only, 
 and not reduced into writing, may be made by parole 
 on behalf of the company by any person acting under 
 its authority, express or implied, and may in the same 
 manner be varied or discharged. 
 2. All contracts made according to this section shall be 
 effectual in law, and shall bind the company and its successors 
 and all other parties thereto, their heirs, executors, or adminis- 
 trators, as the case may be. No. 15 of 1914, s. 84. 
 
 Bilja of 85. A bill of exchange or promissory note shall be deemed 
 
 promissory" to have been made, accepted, or indorsed on behalf of a com- 
 
 notea. pany if made, accepted, or indorsed in the name of, or by or 
 
 on behalf or on account of, the company by any person acting 
 
 under its authority. No. 15 of 1914, s. 85. 
 
 Contracts 
 generally 
 when made 
 by com- 
 pany, etc. 
 
 86. Every contract, agreement, engagement, or bargain 
 made, and every bill of exchange drawn, accepted, or indorsed, 
 and every promissory note and cheque made, drawn, or indorsed 
 on behalf of the company by any agent, officer, or servant 
 of the company, in general accordance with his powers as such 
 under the regulations of the company, shall be binding upon 
 the company; and in no case shall it be necessary 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 regulations 
 or special resolution or order; nor shall the party so acting as 
 agent, officer, or servant of the company be thereby subjected 
 individually to any liability whatsoever to any third party 
 therefor. No. 15 of 1914, s. 86. 
 
 Power of sy, A company may, by writing under its common seal, 
 
 company.''^ empower any person, either generally or in respect of any specified 
 
Companies. Chap. 18. 141 
 
 matters as its attorney, to execute deeds on its behalf in any- 
 place situate within or without the limits of the Territory; 
 and every degd signed by such attorney, on behalf of the com- 
 pany and under his seal, shall bind the company and have 
 the same effect as if it were under the common seal of the com- 
 pany. No. 15 of 1914, s. 87. 
 
 88. 1. A company whose objects require or comprise Power for 
 the transaction of business in foreign countries may, if author- havloffiokl 
 ized by its articles, have for use in any territory, district or place seluor use 
 not situate in the Territory an official seal, which shall be a abroad, 
 fascimile of the common seal of the company, with the addition 
 on its face of the name of every territory, district, or place 
 where it is to be used. 
 
 2. A company having such an official seal may, by writing 
 under its common seal, authorize any person appointed for 
 the purpose in any territory, district, or place not situate in 
 the Territory to affix the same to any deed or other document 
 to which the company is party in that territory, district, or 
 place. 
 
 3. The authority of any such agent shall, as between the 
 company and any person dealing with the agent, continue 
 during the period (if any) mentioned in the instrument con- 
 ferring the authority; or if no period is there mentioned, then 
 until notice of the revocation or determination of the agent's 
 authority has been given to the person dealing with him. 
 
 4. The person affixing any such official seal shall, by writing 
 under his hand, on the deed or other document to which the 
 seal is aflSxed, certify the date and place of afiixing the same. 
 
 5. A deed or other document to which an official seal is 
 duly affixed shall bind the company as if it had been sealed 
 with the common seal of the company. No. 15 of 1914, s. 88. 
 
 Prospectus. 
 
 80. 1. Every prospectus which relates to any company Filing of 
 or intended company, and is issued by or on behalf of any prospectus. 
 such company or intended company or by or on behalf of any 
 person interested in any such company or intended company, 
 shall be dated, and that date shall, unless the contrary be 
 proved, be taken as the date of publication of the prospectus. 
 
 2. A copy of every such prospectus, signed by every person 
 who is a director or proposed director of the company on the 
 date mentioned in the last preceding subsection hereof, or 
 where such prospectus is issued by or on behalf of any person 
 interested as aforesaid, signed by such person, or in any case 
 signed by an agent of such director or proposed director or 
 person, duly authorized in writing, shall be filed with the Regis- 
 trar on or before the date of its publication, and no such pros- 
 pectus shall be issued until a copy thereof has been so filed 
 and registered. 
 
 3. The Registrar shall not file any prospectus unless it is 
 dated, and the copy thereof signed, in manner required by this 
 section. 
 
142 Chap. 18. Companies. 
 
 4. Every prospectus shall state on the face of it that a copy- 
 has been filed as required by this section. 
 
 5. If a prospectus is issued without a copy thereof being so 
 filed, the company, and every person who is knowingly a party 
 to the issue of the prospectus, shall be liable to a fine not ex- 
 ceeding twenty-five dollars for every day from the date of the 
 issue of the prospectus until a copy thereof is so filed. ' No. 15 
 of 1914, s. 89. 
 
 Specific 9©. (1.) Every prospectus issued as mentioned in the last 
 
 Is'toTaT''*^ preceding section hereof must state— 
 
 ticulars of (a) The contents of the memorandum, vnth the names, 
 
 prospectus. descriptions, and addresses of the signatories, and the 
 
 number of shares subscribed for by them respectively; 
 and the number of founders or management or deferred 
 shares (if any), and the nature and extent of the interest 
 of the holders in the property and profits of the company; 
 (6) The number of shares (if any) fixed by the articles as 
 the qualification of a director, and any provision in the 
 articles as to the remuneration of the directors; 
 
 (c) The names, descriptions and addresses of the directors 
 or proposed directors; 
 
 (d) The minimum subscription on which the directors may 
 proceed to allotment, and the amount payable on the 
 application and allotment on each share; and in the case 
 of a second or subsequent offer of shares, the amount 
 offered for subscription on each previous allotment made 
 within the two preceding years, and the amount actually 
 allotted, and the amount (if any) paid on shares so 
 allotted; 
 
 (e) The number and amount of shares and debentures 
 which within the two preceding years have been issued, 
 or agreed to be issued, as fully or partly paid up other- 
 wise than in cash, and in the latter case the extent to 
 which they are so paid up, and in either case the con- 
 sideration for which those shares or debentures have 
 been issued or are proposed or intended to be issued; 
 
 (/) The names and addresses of the vendors of any property 
 purchased or acquired by the company, or proposed so to 
 be purchased or acquired, which is to he paid for wholly 
 or partly out of the proceeds of the issue offered for 
 subscription by the prospectus, or the purchase or ac- 
 quisition of which has not been completed at the date 
 of issue of the prospectus, and the amount payable in 
 cash, shares, or debentures to the vendor, and where 
 there is more than one separate vendor, or the company 
 is a sub-purchaser, the amount so payable to each vendor: 
 Provided that where the vendors or any of them are a 
 firm the members of the firm shall not be treated as 
 separate vendors; 
 
 (g) The amount (if any) paid or payable as purchase money 
 in cash, shares, or debentures for any such property as 
 aforesaid, specifying the amount (if any) payable for 
 goodwill; 
 
Companies. Chap. 18. 143 
 
 (/i) The amount (if any) paid within the last two preceding 
 years, or payable, as commission for subscribing or agree- 
 ing to subscribe, or procuring, or agreeing to procure 
 subscriptions, for any shares in or debentures of the 
 company, or the rate of any such commission: Provided 
 that it shall not be necessary to state the commission 
 
 , payable to sub-underwriters; 
 
 (i) The amount or estimated amount of preliminary 
 expenses; 
 
 (j) The amount paid within the last two preceding years 
 or intended to be paid to any promoter, and the con- 
 sideration for any such payment; 
 
 (fc) The dates of and parties to every material contract, 
 and a reasonable time and place at which any material 
 contract or a copy thereof may be inspected: Provided 
 that this requirement shall not apply to a contract 
 entered into in the ordinary course of the business carried 
 on or intended to be carried on by the company, or^to 
 any contract entered into more than two years before the 
 date of issue of the prospectus; 
 
 (l.) The names and addresses of the auditors (if any) of the 
 company; 
 
 (m) Full particulars of the nature and extent of the interest 
 (if any) of every director in the promotion of, or in the 
 property proposed to be acquired by the company, or, 
 where the interest of such a director consists in being a 
 partner in a firm, the nature and extent of the interest 
 of the firm, with a statment of all sums paid or agreed 
 to be paid to him or to the firm in cash or shares or other- 
 wise by any person either to induce him to become, or to 
 qualify him as, a director, or otherwise for services ren- 
 dered by him or by the firm in connection with the pro- 
 motion or formation of the company; and 
 
 (n) Where the company is a company having shares of 
 more than one class, the right of voting at meetings of 
 the company conferred by the several classes of shares 
 respectively. 
 
 2. For the purposes of this section every person shall be 
 deemed to be a vendor who has entered into any contract, 
 absolute or conditional, for the sale or purchase, or for any 
 option of purchase, of any property to be acquired by the com- 
 pany, in any case where — 
 
 (a) The purchase money is not fully paid at the date of issue 
 of the prospectus; or \ 
 
 (b) The purchase money is to be paid or satisfied wholly or 
 in part out of the proceeds of the issue offered for sub- 
 scription by the prospectus; or 
 
 (c) The contract depends for its validity or fulfilment on 
 the result of that issue. 
 
 3. Where any of the property to be acquired by the com- 
 pany is to be taken on lease, this section shall apply as if the 
 expression " vendor " included the lessor, and the expression 
 " purchase money " included the consideration for the lease, 
 and the expression " sub-purchaser " included a sub-lessee. 
 
144 Chap. 18. Companies. 
 
 4. Any condition requiring or binding any applicant for 
 shares or debentures to waive compliance with any requirement 
 of this section, or purporting to affect him with notice of any 
 contract, document, or matter not specifically referred to in the 
 prospectus, shall be void. 
 
 5. Where such prospectus as is mentioned in this section is 
 published as a newspaper advertisement, it shall not be necessary 
 in the advertisement to specify the contents of the memorandum 
 or the signatories thereto, and the number of shares subscribed 
 for by them. 
 
 6. In the event of non-compliance with any of the require- 
 ments of this section, a director or other person responsible for 
 the prospectus shall not incur any liability by reason of the 
 non-compliance, if he proves that — 
 
 (a) As regards any matter not disclosed, he was not cogni- 
 zant thereof; or 
 {b) The non-compliance arose from an honest mistake of 
 fact on his part: 
 Provided that, in the event of non-compliance with the re- 
 quirements contained in paragraph (m) of subsection (1) of 
 this section, no director or other person shall incur a-ny liability 
 in respect of the non-compliance unless it is proved that he 
 had knowledge of the matters not disclosed. 
 
 7. This section shall not apply to a circular or notice in- 
 viting existing members or debenture-holders of a company to 
 subscribe either for shares or for the debentures of the company, 
 whether with or without the right to renounce in favour of other 
 persons; but, subject as aforesaid, this section shall apply to 
 any prospectus whether issued on or with reference to the 
 formation of a company or subsequently. 
 
 8. The requirements of this section as to the memorandum 
 and the qualification, remuneration, and interest of directors, 
 the names, descriptions, and addresses of directors or proposed 
 directors, and the amount or estimated amount of preliminary 
 expenses, shall not apply in the case of a prospectus issued more 
 than one year after the date at which the company is entitled 
 to commence business. 
 
 9. Nothing in this section shall limit or diminish any liability 
 which any person may incur under the general law or this Ordi- 
 nance apart from this section. No. 15 of 1914, s. 90. 
 
 Obligations 91. 1. A company which does not issue a prospectus on 
 wherrno"'*^ ^^ with reference to its formation shall not allot any of its 
 prospectus shares or debentures unless before the first allotment of either 
 is issued. shares or debentures there has been filed with the Registrar a 
 statement in lieu of prospectus signed by every person who is 
 named therein as a director or a proposed director of the com- 
 pany or by his agent authorized in writing, in the form and 
 containing the particulars set out in the Second Schedule to 
 this Ordinance. 
 
 2. This section shall not apply to a private company or to 
 a company which has allotted any shares or debentures before 
 the first day of May, 1914. No. 15 of 1914, s. 91. 
 
Companies Chap. 18. 145 
 
 9S. A company shall not, previously to the statutory meet- Restriction 
 ing, vary the terms of a contract referred to in the prospectus, ""termToT" 
 except subject to the approval of the statutory meeting. No. contract 
 
 15 of 1914, S. 92. mentioned in 
 
 ' prospectus. 
 
 ®3. (1.) Where a prospectus invites persons to subscribe for Liability for 
 shares in or debentures £)f a company, every person who is a in^'prMpeotus. 
 director of the company at the time of the issue of the prospectus 
 and every person who has authorized the naming of him and is 
 named in the prospectus as a director or as having agreed to 
 become a director either immediately or after an interval of 
 time, and every promoter of the company, and every person 
 who has authorized the issue of the prospectus, shall be liable 
 to pay compensation to all persons who subscribe for any shares 
 or debentures on the faith of the prospectus for the loss or 
 damage they may have sustained by reason of any untrue 
 statement therein, or in -any report or memorandum appearing 
 on the face thereof, or by reference incorporated therein or 
 issued therewith, unless it is proved — ■ 
 
 (a) With respect to every untrue statement not purporting 
 to be made on the authority of an expert, or of a public 
 of&cial document or statement, that he had reasonable 
 ground to believe, and did up to the time of the allot- 
 ment of the shares or debentures, as the case may be, 
 believe, that the statement was true; and 
 (6) With respect to every untrue statement purporting to 
 be a statement by or contained in what purports to be 
 a copy of or extract from a report or valuation of an expert, 
 that it fairly represented the statement, or was a correct 
 and fair copy of or extract from the report or valuation: 
 Provided that the director, person named as director, 
 promoter, or person who authorized the issue of the pros- 
 pectus, shall be liable to pay compensation as aforesaid 
 if it is proved that he had no reasonable ground to believe 
 that the person making the statement, report, or valua- 
 tion was competent to make it; and 
 
 (c) With respect to every untrue statement purporting to be 
 a statement made by an of&cial person or contained in 
 what purports to be a copy of or extract from a public 
 official document, that it was a correct and fair repre- 
 sentation of the statement or copy of or extract from the 
 document; 
 
 or unless it is proved — 
 
 (d) That having consented to become a director of the 
 company he withdrew his consent before the issue of the 
 prospectus, and that it was issued without his authority 
 or consent; or 
 
 (e) That the prospectus was issued without his knowledge 
 or consent, and that on becoming aware of its issue he 
 forthwith gave reasonable public notice that it was 
 issued without his knowledge or consent; or 
 
 (/) That after the issue of the prospectus and before allot- 
 ment thereunder, he, on becoming aware of any untrue 
 70263—10 
 
146 Chap. 18. Companies. 
 
 statement therein, withdrew his consent thereto, and 
 gave reasonable public notice of the withdrawal, and 
 of the reason therefor. 
 
 2. Where an existing company has issued shares or deben- 
 tures, and for the purpose of obtaining further capital by- 
 subscriptions for shares or debentures issues a prospectus, 
 a director shall not be liable in respect of any statement therein, 
 unless he has authorized the issue of the prospectus, or has 
 adopted or ratified it. 
 
 3. Where the prospectus contains the name of a person 
 as a director of the company, or as having agreed to become 
 a director thereof, and he has not consented to become a director 
 or has withdrawn his consent before the issue of the prospectus, 
 and has not authorized or consented to the issue thereof, the 
 directors of the company, except any without whose knowledge 
 or consent the prospectus was issued, and any other person who 
 authorized the issue thereof, shall be liable to indemnify the 
 person named as aforesaid against all damages, costs, and ex- 
 penses to which he may be made liable by reason of his name 
 having been inserted in the prospectus, or in defending himself 
 against any action or legal proceedings brought against him 
 in respect thereof. 
 
 4. Every person who by reason of his being a director, 
 or named as a director or as having agreed to become a director, 
 or of his having authorized the issue of the prospectus, becomes 
 liable to make any payment under this section may recover 
 contribution, as in cases of contract, from any other person who, 
 if sued separately, would have been liable to make the same 
 payment, unless the person who has become so liable was, 
 and that other person was not, guilty of fraudulent misrepre- 
 sentation. 
 
 5. For the purposes of this section — 
 
 The expression "promoter" means a promoter who was a 
 party to the preparation of. the prospectus, or of the 
 portion thereof containing the untrue statement, but 
 does not include any person by reason of his acting in 
 a professional capacity for persons engaged in procuring 
 the formation of the company: 
 
 The expression "expert" includes engineer, valuer, account- 
 ant, and any other person whose profession gives authority 
 to a statement made by him. No. 15 of 1914, s. 93. 
 
 Allotment. 
 
 Restriction ©4. No allotment shall be made of any share capital 
 ^11 *t t °^ ^ company offered to the public for subscription, unless the 
 men . following conditions have been complied with, namely: — 
 
 (a) The amount (if any) fixed by the memorandum or 
 articles and named in the prospectus as the minimum 
 subscription upon which the directors may proceed 
 to allotment; or 
 (6) If no amount is so fixed and named, then the whole 
 amount of the share capital so offered for subscription, — 
 
Companies. Chap. 18. 147 
 
 has been subscribed, and the sum payable on application for 
 the amount so fixed and named, or for the whole amount offered 
 for subscription, has been paid to and received by the company. 
 
 2. The amount so fixed and named and the whole amount 
 aforesaid shall be reckoned exclusively of any amount payable 
 Otherwise than in cash, and is in this Ordinance reierred to as 
 "the minimum subscription." 
 
 3. The amount payable on application on each share shall 
 not be less than five per cent of the nominal amount of the 
 share. 
 
 4. If the conditions aforesaid have not been complied with 
 on the expiration of sixty days after the first issue of the pros- 
 pectus, all money received from applicants for shares shall 
 be forthwith repaid to them without interest; and if any such 
 money is not so repaid within seventy-five days after the issue 
 of the prospectus, the directors of the company shall be jointly 
 and severally liable to repay that money with interest at the 
 rate of five per centum per annum from the expiration of the 
 seventy-fifth day: 
 
 Provided that a director shall not be liable if he proves that 
 the loss of the money was not. due to any misconduct or negli- 
 gence on his part. 
 
 5. Any condition requiring or binding any applicant for 
 shares to waive compliance with any requirement of this section 
 shall be void. 
 
 6. This section, except subsection (3) thereof, shall not apply 
 to any allotment of shares subsequent to the first allotment of 
 shares offersd to the public for subscription. 
 
 7. In the case of the first allotment of share capital payable 
 in cash of a company which does not issue any invitation to the 
 pubHc to subscribe for its shares, no allotment shall be made 
 unless the minimum subscription, that is to say,— 
 
 (a) The amount (if any) fixed by the meraorandum or 
 articles as the minimum subscription upon which the 
 directors may proceed to allotment; or 
 (6) If no amount is so fixed and named, then the whole 
 amount of the share capital other than that issued or 
 agreed to be issued as fully or partly paid up otherwise 
 than in cash, — 
 has been subscribed, and an amount not less than five per cent 
 of the nominal amount of each share payable in cash has been 
 paid to and received by the company. 
 
 This subsection shall not apply to a private company or to 
 a company which has allotted any shares or debentures before 
 the first day of May, 1914. No. 15 of 1914, s. 94. 
 
 95. An allotment made by a company to an applicant Effect of 
 in contravention of the provisions of the last preceding section Xtment. 
 shall be voidable at the instance of the applicant within one 
 month after the holding of the statutory meeting of the company 
 and not later, and shall be so voidable notwithstanding that 
 the company is in course of being wound up. 
 
 2.' If any 'director of a -company knowingly contravenes 
 or permits or authorizes the contravention of any of the pro- 
 70263—101 
 
148 
 
 Chap. 18. 
 
 Companies. 
 
 visions of the last preceding section with respect to allotment, 
 he shall be liable to compensate the company and the allottee 
 respectively for any loss, damages, or costs which the company 
 or the allottee may have sustained or incurred thereby: Pro- 
 vided that proceedings to recover any such loss, damages, or 
 costs shall not be commenced after the expiration of two years 
 from the date of the allotment. No. 15 of 1914, s. 95. 
 
 Restrictions 
 on com- 
 mencement 
 of business. 
 
 96. A company shall not commence any business or 
 exercise any borrowing powers unless — 
 
 (o) Shares held subject to the payment of the whole 
 amount thereof in cash have been allotted to an amount 
 not less in the whole than the minimum subscription; 
 and 
 (6) Every director of the company has paid to the company 
 on each of the shares taken or contracted to be taken 
 by him, and for which he is liable to pay in cash, a 
 proportion equal to the proportion payable on applica- 
 tion and allotment on the shares offered for public 
 subscription, or in the case' of a company which does 
 not issue a prospectus inviting the public to subscribe 
 for its shares, on the shares payable in cash; and 
 
 (c) There has been filed with the Registrar a statutory 
 declaration by the secretary or one of the directors, in 
 the prescribed form, that the aforesaid conditions have 
 been complied with; and 
 
 (d) In the case of a company which does not issue a pros- 
 pectus inviting the public to subscribe for its shares, 
 there has been filed with the Registrar a statement in 
 lieu of prospectus. 
 
 2. The Registrar shall, on the filing of this statutory declara- 
 tion, certify that the company is entitled to commence business, 
 and that certificate shall be conclusive evidence that the company 
 is so entitled. 
 
 3. Any contract made by a company before the date at which 
 it is entitled to commence business shall be provisional only, and 
 shall not be binding on the company until that date, and on that 
 date it shall become binding. 
 
 4. Nothing in this section shall prevent the simultaneous 
 offer for subscription or allotment of any shares and debentures 
 or the receipt of any money payable on application for deben- 
 tures. 
 
 5. If any company commences business or exercises borrow- 
 ing-powers in contravention of this section, every person who is 
 responsible for the contravention shall, without prejudice to any 
 other liability, be liable to a fine not exceeding two hundred 
 and fifty dollars for every day during which the contravention 
 continues. 
 
 6. Nothing in this section shall apply to a private company 
 or to a company registered before the first day of May, 1914, 
 or to a company which does not issue a prospectus inviting the 
 public to subscribe for its shares, or to a companj^ incorporated 
 under the Consolidated Ordinances of the Yukon Territory, 
 
Companies. Chap. 18. 149 
 
 1902, Chapter 57, or hereafter incorporated under Part V of 
 this Ordinance. No. 15 of 1914, s. 96. 
 
 97. Whenever a company limited by shares makes any Return as to 
 allotment of its shares, the company shall within one month allotments, 
 thereafter file with the Registrar — 
 
 (a) A return of the allotments, stating the number and 
 nominal amount of the shares comprised in the allot- 
 ment, the names, addresses, and descriptions of the 
 allottees, and the amount (if any) paid or due and payable 
 on each share; and 
 (6) In the case of shares allotted as fully or partly paid up 
 otherwise than in cash, a contract in writing constituting 
 the title of the allottee to the allotment, together with 
 any contract of sale, or for services or other considera- 
 tion in respect of which that allotment was made, and 
 a return stating the number and nominal amount of 
 shares so allotted, the extent to which they are to be 
 treated as paid up, and the consideration for which 
 they have been allotted. 
 
 2. Where such a contract as above mentioned is not 
 reduced to writing, the company shall within one month after 
 the allotment file with the Registrar the prescribed particulars 
 of the contract. 
 
 3. If default is made in complying with the requirements 
 of this section, every director, manager, secretary, or other 
 officer of the company who is knowingly a party to the default 
 shall be liable to a fine not exceeding two hundred and fifty 
 dollars for every day during which the default continues: 
 
 Provided that, in case of default in filing with the Registrar 
 within one month after the allotment any document required 
 to be filed by this section, the company, or any person liable 
 for the default, may apply to the Court for relief, and the 
 Court, if satisfied that the omission to file the document was 
 accidental or due to inadvertence or that it is just and equit- 
 able to grant relief, may make an order extending the time for 
 the filing of the document for such period as the Court may think 
 proper. No. 15 of 1914, s. 97. 
 
 Commissions and Discounts. 
 
 98. It shall be lawful for a company to pay a commission Power to 
 to any person in consideration of his subscribing or agreeing goJ^^fg^^ong 
 to subscribe, whether absolutely or conditionally, for any and prohi- 
 shares in the company, or procuring or agreeing to procure bition of 
 subscriptions, whether absolute or conditional, for any shares afi^other ° 
 in the company, if the payment of the commission is authorized commissions, 
 by the memorandum or articles, and the commission paid or d^^°°""*S' 
 agreed to be paid does not exceed the amount or rate so author- 
 ized, and if the amount or rate per cent of the commission paid 
 or agreed to be paid is, in the case of shares offered to the 
 public for subscription, disclosed in the prospectus. 
 
 2. Save as aforesaid, no company shall apply any of its 
 shares or capital money either directly or indirectly in payment 
 
150 
 
 Chap. 18. 
 
 Companies. 
 
 of any commission, discount or allowance to any person in 
 consideration of his subscribing or agreeing to subscribe, whether 
 absolutely or conditionally, for any shares of the company, or 
 procuring or agreeing to procure subscriptions, whether absolute 
 or conditional, for any shares in the company, whether the 
 shares or money be so applied by being added to the purchase 
 money of any property acquired by the company or to the 
 contract price of any work to be executed for the company, or 
 the money be paid out of the nominal purchase money or 
 contract price, or otherwise. 
 
 3. Nothing in this section shall affect the power of any 
 company to pay such brokerage as it has heretofore been 
 lawful for a company to pay, and a vendor to, promoter of, 
 or other person who receives payment in money or shares from, 
 a company shall have and shall be deemed always to have had 
 power to apply any part of the money or shares so received 
 in payment of any commission, the payment of which, if made 
 directly by the company, would have been legal omder this 
 section. No. 15 of 1914, s. 98. 
 
 Statement in 99. "Where a company has paid any sums by way of com- 
 
 sheet'as to mission in respect of any shares or debentures, or allowed any 
 
 commissions sums by Way of discount in respect of any debentures, the 
 
 and discounts, total amount SO paid or allowed, or so much thereof as has 
 
 not been written off, shall be stated in every balance-sheet 
 
 of the company until the whole amount thereof has been written 
 
 off. No. 15 of 1914, s. 99. 
 
 Payment of Interest out of Capital. 
 
 Power of 
 comipany to 
 pay interest 
 out of 
 capital in . 
 certain 
 
 lOO. Where any shares of a company are issued for the 
 purpose of raising money to defray the expenses of the con- 
 struction of any works or buildings or the provision of any 
 plant which cannot be made profitable for a lengthened period 
 the company may pay interest on so much of that share capital 
 as is for the time being paid up for the period and subject to 
 the conditions and restrictions in this section mentioned, and 
 may charge the same to capital as part of the cost of construction 
 of the work or building, or the provision of plant: 
 Provided that — ■ 
 
 (1.) No such payment shall be made unless the same is 
 
 authorized by the articles or by special resolution: 
 (2.) No such payment, whether authorized by the articles 
 or by special resolution, shall be made without the 
 previous sanction of the Commissioner: 
 (3.) Before sanctioning any such payment the Commis- 
 sioner may, at the expense of the company, appoint 
 • a person to inquire and report to him as to the circum- 
 stances of the case, and may, before making the appoint- 
 ment, require the company to give security for the 
 payment of the costs of the inquiry: 
 (4.) The payment shall be made only for such period 
 as may be determined by the Commissioner, and such 
 
Companies. Chap. 18. 151 
 
 period shall in no case extend beyond the close of the 
 half-year next after the half-year during which the 
 works or buildings have been actually completed or 
 the plant provided : 
 
 (5.) The rate of interest shall be that agreed upon, and 
 if there shall be no such agreement, shall be the rate 
 provided by Statute in cases where interest is by law 
 payable and the rate is not agreed upon: 
 
 (6.) The payment of the interest shall not operate as a 
 reduction of the amount paid up on the shares in respect 
 of which it is paid : 
 
 (7.) The accounts of the company shall show the share 
 capital on which, and the 'rate at which, interest has 
 been paid out of capital during the period to which 
 the accounts relate. No. 15 of 1914, s. 100. 
 
 Certificates of Shares, etc. 
 
 lOl. Every company shall within two months after Limitation 
 the allotment of any of its shares, debentures, or debenture °ggu*™f ^°^ 
 stock, and within two months after the registration of the oertificatea. 
 transfer of any such shares, debentures, or debenture stock, 
 complete and have ready for delivery the certificate? of all 
 shares, the debentures, and the certificates of all debenture 
 stock allotted or transferred, unless the conditions of issue of 
 the shares, debentures, or debenture stock otherwise provide. 
 
 2. If default is made in complying with the requirements 
 of this section, the company, and every director, manager, 
 secretary, and other officer of the company who is knowingly 
 a party to the default, shall be liable to a fine not exceeding 
 twenty-five dollars for every day during which the default 
 continues. No. 15 of 1914, s. 101. 
 
 Informaiion as to Mortgages, Charges, Etc. 
 
 lOS. Every mortgage or charge created by a company Registration 
 after the first day of May, 1914, and being either — _ anddxafgfl.^ 
 (a) A mortgage or charge for the purpose of securing 
 
 any issue of debentures; or 
 (6) A mortgage or charge on uncalled share capital of 
 the company; or 
 
 (c) A mortgage or charge created or evidenced by an 
 instrument which, if executed by an individual, would 
 require registration as a bill of sale; or 
 
 (d) A mortgage or charge on any land, wherever situate, 
 or any interest therein; or 
 
 (e) A mortgage or charge on any book debts of the com- 
 pany; or 
 
 (/) A floating charge on the undertaking or property of 
 the company, — 
 shall, so far as any security on the company's property or 
 undertaking is thereby conferred, be void against bona fide 
 purchasers and mortgagees for valuable consideration, and 
 the liquidator and any creditor of the company, unless the 
 
162 Chap. 18. Companies. 
 
 instrument, or a true copy thereof, by which the mortgage 
 or charge is created or evidenced, is registered by filing the 
 same with the Registrar for registration within twenty-one 
 days after the date of its creation, but without prejudice to 
 any contract or obHgation for repayment of the money thereby 
 secured; and when a mortgage or charge becomes void under 
 this section the money secured thereby shaH immediately become 
 payable: 
 
 Provided that — 
 
 (g) The time for registration of a mortgage or charge 
 created outside the Territory, and requiring registra- 
 tion under this Ordinance, shall be thirty days from 
 the creation of such mortgage or charge; 
 (h) Where the mortgage or charge is created in the Terri- 
 tory, but comprises property outside the Territory, the 
 instrument creating or purporting to create the mortgage 
 or charge may be registered notwithstanding that further 
 proceedings may be necessary to make the mortgage 
 or charge valid or effectual according to the law of 
 the country in which the property is situate; and 
 (z) Where a negotiable instrument has been given to secure 
 the payment of any book debts of a company, the de- 
 posit of the instrument for the purpose of securing an 
 advance to the company shall not, for the purposes 
 of this section be treated as a mortgage or charge on 
 those book debts; and 
 (j) The holding of debentures entitling the holder to 
 a charge on land shall not be deemed to be an interest 
 in land. 
 
 2. The Registrar shall keep a register of all mortgages 
 and charges requiring registration under this section, and 
 shall, on jpayment of the prescribed fee, enter in the register, 
 with respect to every such mortgage or charge, the date of 
 the same, the amount secured by it, short particulars of the 
 property mortgaged or charged, the names of the mortgagors, 
 and the names of the mortgagees or other persons entitled 
 to the charge. 
 
 3. Where a series of debentures containing, or giving 
 by reference to any other instrument, any charge to the benefit 
 of which the debenture-holders of that series are entitled pari 
 passu is created by a company, it shall be sufficient if there 
 are delivered to and filed with the Registrar within twenty- 
 one days after the execution of the deed containing the charge, 
 or, if there is no such deed, after the execution of any debentures 
 of the series, the following particulars: — 
 
 (a) The total amount secured by the whole series; and 
 (&) The dates of the resolutions authorizing the issue 
 of the series and the date of the covering deed (if any) 
 by which the security is created or defined; and 
 
 (c) A general description of the property charged; and 
 
 (d) The names of the trustees (if any) for the debenture 
 holders, — 
 
 together with the deed containing the charge, or, if there is 
 no such deed, one of the debentures of the series, or a true 
 
Companies. Chap. 18, 163 
 
 copy of such deed or debenture, and the Registrar shall, on 
 payment of the prescribed fee, enter those particulars in the 
 register : 
 
 Provided that, where nn.ore than one issue is made of deben- 
 tures in the series, there shall be sent to the Registrar for entry 
 in the register particulars of the date and amount of each issue, 
 but an omission to do this shall not affect the validity of the 
 debentures issued. 
 
 4. Where any commission, allowance, or discount has 
 .been paid or made either directly or indirectly by the company 
 to any person in consideration of his subscribing or agreeing 
 to su"bscribe, whether absolutely or conditionally, for any 
 debentures of the company, or procuring or agreeing to procure 
 subscriptions, whether absolute or conditional, for any such 
 debentures, the particulars required to be sexit for registration 
 under this section shall include particulars as to the amount 
 or rate per cent of the commission, discount, or allowance 
 so paid or made, but an omission to do this shall not affect the 
 validity of the debentures issued: 
 
 Provided that the deposit of any debentures as security 
 for any debt of the company shall not for the purposes of this 
 provision be treated as the issue of the debentures at a discount. 
 
 5. The Registrar shall give a certificate under his hand 
 of the registration of any mortgage or charge registered in 
 pursuance of this section, stating the amount thereby secured, 
 and the certificate shall be conclusive evidence that the require- 
 ments of this section as to registration have been complied with. 
 
 6. The company shall cause a copy of every certificate 
 of registration, given under this section to be indorsed on every 
 debenture or certificate of debenture stock which is issued by 
 the company, and the payment of which is secured by the 
 mortgage or charge so registered: 
 
 Provided that nothing in this subsection shall be construed 
 as requiring a company to cause a certificate of registration 
 of any mortgage or charge so given to be indorsed on any deben- 
 ture or certificate of debenture stock which has been issued 
 by the company before the mortgage or charge was created. 
 
 7. It shall be the duty of the company to register every 
 m.ortgage or charge and every series of debentures _ created 
 or issued by it requiring registration under this section, but 
 registration of any such mortgage or charge may be effected 
 on the application of any person interested therem. Where 
 the registration is effected on the application of some person 
 other than the company, that person shall be entitled to recover 
 from the company the amount of any fees properly paid by 
 him to the Registrar on the registration. 
 
 8. The register kept in pursuance of this section shall 
 be open to inspection by any person on payment of the pre- 
 scribed fee, not exceeding twenty-five cents for each inspection. 
 
 9. Every company shall cause a copy of every instrument 
 creating any mortgage or charge requiring registration under 
 this section to be kept at the registered office of the company: 
 Provided that, in the case of a series of uniform debentures. 
 
154 
 
 Registration 
 of enforce- 
 ment of 
 security. 
 
 Chap. 18. 
 
 Companies. 
 
 a copy of one such debenture shall be sufficient. No. 15 
 of 1914, s. 102. 
 
 103. If any person obtains an order for the appoint- 
 ment of a receiver or manager of the property of a company, 
 or appoints such a receiver or manager under any powers con- 
 tained in any instrument, he shall, within ten days from the 
 date of the order or of the appointment under the powers con- 
 tained in the instrument, give notice of the fact to the Regis- 
 trar, and the Registrar shall, on payment of the prescribed 
 fee, enter the fact in the register of mortgages and charges. 
 
 2. If any person makes default in complying with the 
 requirements of this section he shall be liable to a fine not 
 exceeding twenty-five dollars for every day during which the 
 default continues. No. 15 of 1914, s. 103. 
 
 Filing of 104. Every receiver or manager of the property of 
 
 receivers" ^ Company who has been appointed under the powers con- 
 and managers, tained in any instrument, and who has taken possession, shall, 
 once in every half-year while he remains in possession, and 
 also on ceasing to act as receiver or manager, file with the 
 Registrar an abstract in the prescribed form of his receipts 
 and payments during the period to which the abstract relates, 
 and shall also on ceasing to act as receiver or manager file wHh 
 the Registrar notice to that effect, and the Registrar shall 
 enter the notice in the register of mortgages and charges. 
 
 2. Every receiver or manager who makes default in com- 
 plying with the provisions of this section shall be liable to a 
 fine not exceeding two hundred and fifty dollars. No. 15 of 
 1914, s. 104. 
 
 Rectification 
 of register 
 of mortgages. 
 
 Entry of 
 satisfaction. 
 
 105. A Judge of the Territorial Court, on being satisfied 
 that the omission to register a mortgage or charge within the 
 time hereinbefore required, or that the omission or misstate- 
 ment of any particular with respect to any such mortgage 
 or charge, was accidental, or due to inadvertence or to some 
 other sufficient cause, or is not of a nature to prejudice the 
 position of creditors or shareholders of the company, or that 
 on other grounds it is just and equitable to grant relief, may, 
 on the application of the company or any person interested, 
 and on such terms and conditions as seem to the judge just 
 and expedient, order that the time for registration be extended, 
 without prejudice to the rights of parties acquired prior to the 
 actual date of registration, or, as the case may be, that the 
 omission or misstatement be rectified. No. 15 of 1914, s. 105. 
 
 106. The Registrar may, on evidence being given to his 
 satisfaction that the debt for which, any registered mortgage 
 or charge was given has been paid or satisfied, order that a 
 memorandum of satisfaction be entered on the register, and 
 shall, if required, furnish the company with a copy thereof. 
 No. 15 of 1914, s. 106. 
 
Companies. Chap. 18. 155 
 
 lOT. If default be made in the registration of any Penalties. 
 mortgage or charge or of the issues of debentures of a series 
 requiring registration under this Ordinance, then every company, 
 and every director, manager, or secretary of a company, and 
 every person knowingly a party to the default shall, on con- 
 viction, be liable to a fine not exceeding two hundred and fifty 
 dollars for every day during which the default continues. 
 6» 2. If any person knowingly and wilfully authorizes or per- 
 mits the delivery of any debenture or certificate of debenture 
 stock requiring registration with the Registrar under the fore- 
 going provisions of this Ordinance without a copy of the cer- 
 tificate of registration being indorsed upon it, he shall, without 
 prejudice to any other liability, be liable to a fine not exceeding 
 five hundred dollars. No. 15 of 1914, s. 107. 
 
 lOS. Every limited company shall keep a register of Company's 
 mortgages and enter therein all mortgages and charges specifi- mortgugM. 
 cally affecting property of the company, giving in each case a 
 short description of the property mortgaged or charged, the 
 amount of the mortgage or charge, and (except in the case of 
 securities to bearer) the names of the mortgagees or persons 
 entitled thereto. 
 
 2. If any director, manager, or other officer of the company 
 knowingly and wilfully authorizes or permits the omission of any 
 entry required to be made in pursuance of this section, he shall 
 be liable to a fine not exceeding two hundred and fifty dollars. 
 No. 15 of 1914, s. 108. 
 
 109. The copies of instruments creating any mortgage Right to 
 or charge requiring registration under this Ordinance with the ^^p^^s of 
 Registrar, and the register of mortgages kept in pursuance of instruments 
 the last preceding section, shall be open at all reasonable times ^^^^"l^g 
 to the inspection of any creditor or member of the company and charges 
 without fee, and the register of mortgages shall also be open ^l^^^^^' 
 to the inspection of any other person on payment of such fee, register of 
 not exceeding twenty-five cents for each inspection as the mortgages. 
 company may prescribe. 
 
 2. If inspection of the said copies or register is refused, any 
 officer of the company refusing inspection, and every director 
 and manager of the company authorizing or knowmgly and 
 wilfully permitting the refusal, shall be liable to a fine not ex- 
 ceeding twenty-five dollars, and a further fine not exceedmg ten 
 dollars for every day during which the refusal continues; and, 
 in addition to the above penalty, any Judge of the Territorial 
 Court sitting in chambers may by order compel an immediate 
 inspection of the copies or register. No. 15 of 1914, s. 109. 
 
 110. Every register of holders of debentures of a com- ^g^*^"^^. 
 pany shall, except when closed in accordance with the articles holders to 
 during such period or periods (not exceeding in the whole thirty mspeot the 
 days in any year) as may be specified in the articles, be open to debenture- 
 the inspection of the registered holder of any such debentures, holders and 
 and of any holder of shares in the company, but subject to such 
 
156 
 
 Chap. 18. 
 
 Companies. 
 
 to have 
 copies of 
 trust deed. 
 
 Company 
 includes 
 society, etc. 
 
 reasonable restrictions as the company may in general meeting 
 impose, so that at least two hours in each day are appointed for 
 inspection, and every such holder may require a copy of the 
 register or any part thereof on payment of ten cents for every 
 one hundred words required to be copied. 
 
 2. A copy of any trust deed for securing any issue of deben- 
 tures shall be forwarded to every holder of any such debentures 
 at his request on payment in the case of a printed trust deed 
 of the sum of twenty-five cents or such less sum as may be 
 prescribed by the company, or, where the trust deed had not 
 been printed, on payment of ten cents for every one hundred 
 words required to be copied. 
 
 3. If inspection is refused, or a copj^ is refused or not for- 
 warded, the company shall he liable to a fine not exceeding 
 twenty-five dollars, and to a further fine not exceeding ten 
 dollars for every day during which the refusal continues; and 
 every director, manager, secretary, or other officer of the com- 
 pany who knowingly authorizes or permits the refusal shall 
 incur the like penalty. No. 15 of 1914, s. 110. 
 
 IIOA. The word " company" infections 102 to 110 (both 
 inclusive) of this Ordinance shall meanand include any company, 
 society or association incorporated by or under any public 
 Ordinance of the Territory. No. 15 of 1914, s. 110a. 
 
 Debentures and Floating Charges. 
 
 Conditions 
 in deben- 
 tures not 
 invalid. 
 
 111. A condition contained in any debentures or in any 
 deed for securing any debentures, whether issued or executed 
 before or after the commencement of this Ordinance, shall not 
 be invalid by reason only that thereby the debentures are made 
 irredeemable or redeemable only on the happening of a contin- 
 gency, however remote, or on the expiration of a period, however 
 long, any rule of equity to the contrary notwithstanding. No. 
 15 of 1914, s. 111. 
 
 Power to 
 
 reissue 
 
 redeemed 
 
 debentures 
 
 in certain 
 
 cases. 
 
 112. Where either before or after the commencement of 
 this Ordinance a company has redeemed any debentures pre- 
 viously issued, the company, unless the articles or the conditions 
 of issue expressly otherwise provide, or unless the debentures 
 have been redeemed in pursuance of any obligation on the 
 company so to do (not being an obligation enforceable only by 
 the person to whom the redeemed debentures were issued or 
 his assigns), shall have power, and shall be deemed to always 
 have had power, to keep the debentures alive for the purpose 
 of reissue; and where a company has purported to exercise such 
 a power the company shall have power, and shall be deemed 
 always to have had power, to reissue the debentures either by 
 reissuing the same debentures or by issuing other debentures in 
 their place, and upon such a reissue the person entitled to the 
 debentures shall have, and shall be deemed always to have had, 
 the same rights and priorities as if the debentures had not 
 previously been issued. 
 
Companies. Chap. 18. 157 
 
 2. Wherewith the object of keeping debentures alive for the 
 purpose of reissue they have either before or after the com- 
 mencement of this ordinance been transferred to a nominee of 
 the cornpany, a transfer from that nominee shall be deemed to 
 be a reissue for the purposes of this section. 
 
 3. Where a company has either before or after the com- 
 mencement of this Ordinance deposited any of its debentures to 
 secure advances from time to time on current account or other- 
 wise, the debentures shall not be deemed to have been redeemed 
 by reason only of the account of the company having ceased to 
 be in debit whilst the debentures remained so deposited. 
 
 4. The reissue of a debenture or the issue of another deben- 
 ture in its place under the power of this section given to or 
 deemed to have been possessed by a company, whether the 
 reissue or issue was made before or after the commencement of 
 this Ordinance, shall not be treated as the issue of a new deben- 
 ture for the purposes of any provision limiting the amount or 
 number of debentures to be issued. 
 
 5. Nothing in this section shall prejudice — 
 
 (a) The operation of any judgment or order of a court of 
 competent jurisdiction pronounced or made before the 
 first day of May, 1914, as between the parties to the pro- 
 ceedings in which the judgment was pronounced or the 
 order made, and any appeal from any such judgment or 
 order shall be decided as if this Ordinance had not been 
 passed; or 
 
 (b) Any power to issue debentures in the place of any 
 debentures paid off or otherwise satisfied or extinguished, 
 reserved to a company by its debentures or the securities 
 for the same. No. 15 of 1914, s. 112. 
 
 113. A contract with a company to take up and pay for any Specific 
 debentures of the company may be enforced by an order f or o| g"^™^"^® 
 specific performance. No. 15 of 1914, s. 113. to subscribe 
 
 for 
 
 114. Where in the case of a company registered under payments of 
 this Ordinance, either a receiver is appointed on behalf of the certain debts 
 holders of any debentures of the company secured by a floating gubject^^^^*^ 
 charge, or possession is taken by or on behalf of those debenture floating 
 holders of any property comprised in or subject to the charge, ''^^^ff ^\^ 
 then, if the company is not at the time in course of being v/ound daims^under 
 up, the debts which in every winding-up are, under the pro- the charge, 
 visions of Part IX of this Ordinance relating to preferential 
 payments, to be paid in priority to all other debts shall be paid 
 forthwith out of any assets coming to the hands of the receiver 
 
 or other person taking possession as aforesaid in priority to any 
 claim for principal or interest in respect of the debentures. 
 
 2. The periods of time mentioned in the said provisions of 
 Part IX of this Ordinance shall be reckoned from the date of 
 the appointment of the receiver or of possession being taken as 
 aforesaid, as the case may be. 
 
 3. Any payments made under this section shall be recouped 
 as far as may be out of the assets of the company available for 
 payment of general creditors. No. 15 of 1914, s. 114. 
 
158 Chap. 18. Companies. 
 
 Statement to he published by certain Companies. 
 
 Certain com- 115. Every association or society formed under any of 
 publish" t^^ Ordinances of the Territory shall, before it commences busi- 
 statement in ness, and also on the first Monday in February in every year 
 Schedule. during which it carries on business, make a statement in the 
 
 form F in the second cchedule to this Ordinance, or as near 
 
 thereto as circumstances will admit. 
 
 2. A copy of the statement shall be put up in a conspicuous 
 place in the registered or head office of the company or society, 
 and in every branch office where the business of the company 
 or society is carried on. 
 
 3. Every member and every creditor of the company or 
 society shall be entitled to a copy of the statement on payment 
 of a sum not exceeding twenty-five cents. 
 
 4. If default is made in compliance with this section, the 
 company, association, or society shall be liable to a fine not 
 exceeding twenty-five dollars for every day during which the 
 default continues; and every director and manager of the 
 company who knowingly and wilfully authorizes or permits the 
 default shall be liable to the like penalty. No. 15 of 1914, s. 115. 
 
 Inspection and Audit. 
 
 Investigation 116. The Commissioner may appoint one or more 
 company by Competent inspectors to investigate the affairs of any company 
 Government and to report thereon in such manner as he directs — 
 inspectors. ((j) jn the case of a company having a share capital, on 
 
 the application of members holding not less than one- 
 tenth of the shares issued; 
 (6) In the case of a company not having a share capital, 
 on the application of not less than one-fifth in number 
 of the persons on the company's register of members. 
 
 2. The application shall be supported by such evidence as 
 the Commissioner may require for the purpose of showing that 
 the applicants have good reason for, and are not actuated by 
 malicious motives in requiring the investigation; and the 
 Commissioner may, before appointing an inspector, require 
 the applicants to give security for payment of the costs of the 
 inquiry. 
 
 3. It shall be the duty of all officers and agents of the 
 company to produce to the inspectors all books and documents 
 in their custody or power. 
 
 4. An inspector may examine on oath the officers and 
 agents of the company in relation to its business, and may 
 administer an oath accordingly. 
 
 5. If any officer or agent refuses to produce any book or 
 document which under this section it is his duty to produce, 
 or to answer any question relating to the affairs of the company, 
 he shall be liable to a fine not exceeding twenty-five dollars in 
 respect of each such refusal. 
 
 6. On the conclusion of the investigation the inspectors 
 shall report their opinion to -the Commissioner, and a copy of 
 
Companies. Chap. 18. 159 
 
 the report shall be forwarded by the Territorial Secretary to 
 the registered office of the company, and a further copy shall, 
 at the request of the applicants for the investigation, be deliv- 
 ered to them. 
 
 _ 7. The report shall be written or printed, as the Commis- 
 sioner may, direct. 
 
 8. The Commissioner may make such order as to the 
 costs and expenses incidental to such investigation as may be 
 deemed proper. No. 15 of 1914, s. 116. 
 
 HT. A company may by special resolution appoint Power of 
 inspectors to investigate its affairs. company to 
 
 2. Inspectors _ so appointed shall have the same powers inspectors, 
 and duties as .inspectors appointed by the Commissioner, 
 except that,_ instead of reporting to the Commissioner, they 
 
 shall report in such manner and to such persons as the company 
 in general meeting may direct. 
 
 3. Officers and agents of the company shall incur the like 
 penalties in case of refusal to produce any book or document 
 required to be produced to inspectors so appointed, or to 
 answer any question, as they would have incurred if the inspec- 
 tors had been appointed by the Commissioner. No. 15 of 
 1914, s. 117. 
 
 118. A copy of the report of any inspectors appointed under Report of 
 this Ordinance, authenticated by the seal of the company b?evid?nce? 
 whose affairs they have investigated, shall be admissible in 
 
 any legal proceeding as evidence of the opinion of the inspectors 
 in relation to any matter contained in the report. No. 15 of 
 1914, s. 118. 
 
 119. Every company shall at each annual general Appourtment 
 meeting appoint an auditor or auditors to hold office until muneration 
 the next annual general meeting. of auditors 
 
 2. If an appointment of auditors is not made at an annual 
 general meeting, the Commissioner may, on the application 
 of any member of the company, appoint an auditor of- the 
 company for the current year, and fix the remuneration to be 
 paid to him by the company for his services. 
 
 3. A director or officer of the company shall not be capable 
 of being appointed auditor of the company. 
 
 4. A person, other than a retiring auditor, shall not be 
 capable of being appointed auditor at an annual general meeting 
 unless notice of an intention to nominate that person to the 
 office of auditor has been given by a shareholder to the company 
 not less than fourteen days before the annual general meeting; 
 and the company shall send a copy of any such notice to the 
 retiring auditor, and shall give notice thereof to the shareholders, 
 either by advertisement or in any other mode allowed by the 
 articles, not less than seven days before the annual general 
 meeting: 
 
 Provided that if, after notice of the intention to nominate 
 an auditor has been so given, an annual general meeting is called 
 
160 Chap. 18. Companies. 
 
 for a date fourteen days or less after the notice has been given, 
 the notice, though not given within the time required by this 
 provision, shall be deemed to have been properly given for the 
 purposes thereof, and the notice to be sent or given by the 
 company may, instead of being sent or given within the time 
 required by this provision, be sent or given at the same time as 
 the notice of the annual general meeting. 
 
 5. The first auditors of the company may be appointed 
 by the directors before the statutory meeting, and if so appointed 
 shall hold office until the first annual general meeting, unless 
 previously removed by a resolution of the shareholders in 
 general meeting, in which case the shareholders at that meeting 
 may appoint auditors. 
 
 6. The directors may fill any casual vacancy in the office 
 of auditor, but while any such vacancy continues the surviving 
 or continuing auditor or auditors (if any) may act. 
 
 7. The remuneration of the auditors of a company shall 
 be fixed by the company in general meeting, except that the 
 remuneration of any auditors appointed before the statutory 
 meeting, or to fill any casual vacancy, may be fixed by the 
 directors. No. 15 of 1914, s. 119. 
 
 Powers and 12©. Every auditor of a company shall have a right 
 auditors. '^^ access at all times to the books and accounts and vouchers of 
 the company, and shall be entitled to require from the directors 
 and officers of the company such information and explanation 
 as may be necessary for the performance of the duties of the 
 auditors. 
 
 2. The auditors shall make a report to the shareholders 
 on the accounts examined by them, and on every balance-sheet 
 laid before the company in general meeting during their tenure of 
 office, and the report shall state — 
 
 (a) Whether or not they have obtained all the information 
 and explanations they have required; and 
 
 (6) Whether, in their opinion, the balance-sheet referred to 
 in the report is properly drawn up so as to exhibit a true 
 and correct view of the state of the company's affairs 
 according to the best of their information and the explana- 
 tions given to them, and as shown by the books of the 
 company. 
 
 3. The balance-sheet shall be signed on behalf of the board 
 by two of the directors of the company, or if there is only one 
 director, by that director, and the auditors' report shall be 
 attached to the balance-sheet, or there shall be inserted at 
 the foot of the balance-sheet a reference to the report, and the 
 report shall be read before the company in general meeting, 
 and shall be open to inspection by any shareholder. 
 
 Any shareholder shall be entitled to be furnished with a copy 
 of the balance-sheet and auditors' report at a charge not exceed- 
 ing ten cents for every hundred words. 
 
 4. If any copy of a balance-sheet which has not been signed 
 as required by this section is issued, circulated, or published, 
 or if any copy of a balance-sheet is issued, circulated, or pub- 
 
Companies. Chap. 18. 161 
 
 lished without either having a copy of the auditors' report 
 attached thereto or containing such reference to that report 
 as is required by this section, the company, and every director, 
 manager, secretary, or other ofl&cer of the company who is know- 
 ingly a party to the default, shall on conviction be liable to 
 a fine not exceeding two hundred and fifty dollars. No. 15 of 
 1914, s. 120. 
 
 121. Holders of preference shares and debentures of a Rights of 
 company shall have the same right to receive and inspect Pf''*®''^°f? 
 the _ balance-sheets of the company and the reports of the etc.?as to ™ 
 auditors and other reports as is possessed by the holders of receipt and 
 ordinary shares in the company. reports'°etc! 
 
 2. This section shall not apply to a private company nor 
 to a company registered before the first day of May, 1914. 
 No. 15 of 1914, s. 121. 
 
 Carrying on Business with less than the Legal Minimum of 
 
 Members. 
 
 133. If at any time the number of members of a company is Prohibition 
 reduced, in the case of a private company, below two, or, °„"busuiefs' 
 in the case of any other company, below five, and it carries on with fewer 
 business for more than six months while the number is so t^H? ^ZLT' 
 
 , , , . 1 r- , 1 , . in the case 
 
 reduced, every person who is a member oi the company durmg of a private 
 the time that it so carries on business after those six months, company, ^^ 
 and is cognizant of the fact that it is carrying on business with 
 fewer than two members, or five members, as the case may be, 
 shall be severally liable for the payment of the whole of the 
 debts of the company contracted during that time, and may be 
 sued for the same, without joinder in action of any other member. 
 No. 15 of 1914, s. 122. 
 
 Service and Authentication of Documents. 
 
 133. A document may be served on a company by leaving Service of 
 it at or sending it by post to the registered ofiice of the company, o°°"^pany. 
 or by serving the president, chairman, secretary, or any director 
 
 of the company, or by leaving the same at the residence of either 
 of them, or with any adult person of his family or in his employ; 
 or, if the company has no registered ofiice, and has no known 
 president, chairman, secretary, or director, the Court may order 
 such publication as it deems requisite to be made in the premises, 
 and such publication shall be held to be due service upon the 
 company. No. 15 of 1914, s. 123. 
 
 134. A document or proceeding requiring authentication Authentic 
 by a company may be signed by a director, secretary, or other dooumets 
 authorized officer of the company, and need not be under its 
 common seal. No. 15 of 1914, s. 124. 
 
 70263—11 
 
162 
 
 Application 
 and alter- 
 ation of 
 tables and 
 forms. 
 
 Commis- 
 sioner may 
 alter tables 
 and forms. 
 
 Alterations 
 to be pub- 
 lished in 
 Gazette. 
 
 Chap. 18. 
 
 Companies. 
 Tables and Forms. 
 
 135. The forms in the second schedule to this Ordinance, 
 or forms as near thereto as circumstances admit, shall be used 
 in all matters to which those forms refer. No. 15 of 1914, s. 125. 
 
 136. The Commissioner may alter any of the tables and 
 forms in the first schedule to this Ordinance, so that it does 
 not increase the amount of fees payable to the Registrar in the 
 said schedule mentioned, and may alter or add to the forms in 
 the said Second Schedule. No. 15 of 1914, s. 126. 
 
 137. Any such table or form, when altered, shall be pub- 
 lished in the Gazette, and thenceforth shall have the same force 
 as if it were included in one of the schedules to this Ordinance; 
 but no alteration made by the Commissioner in Table A in the* 
 said first schedule shall affect any company registered before 
 the alteration, or repeal, as repects that company, any portion 
 of such table. No. 15 of 1914, s. 127. 
 
 Arbitration 
 between 
 companies 
 and others. 
 
 Arbitrations. 
 
 138. A company may, by writing under its common 
 seal, agree to refer and may refer to arbitration, in accordance 
 with The Arbitration Ordinance, any existing or future differ- 
 ence between itself and any other company or person. 
 
 2. Companies, parties to the arbitration, may delegate to 
 the arbitrator power to settle any terms or to determine any 
 matter capable of being lawfully settled or determined by the 
 companies thamselves, or by their directors or other managing 
 body. 
 
 3. Subject to any express provisions on the subject, all the 
 provisions of The Arbitration Ordinance shall apply to arbitra- 
 tions between companies and persons in pursuance of this 
 Ordinance. No. 15 of 1914, s. 128. 
 
 Power to 
 compromise 
 with credi- 
 tors and 
 members. 
 
 Power to Compromise. 
 
 130. Where a compromise or arrangement is proposed 
 between a company and its creditors or any class of them, or 
 between the company and its members or any class of them, the 
 Court may, on the application in a summary way of the com- 
 pany or of any creditor or member of the company, or, in the 
 case of a company being wound up, of the liquidator, order a 
 meeting of the creditors or class of creditors, or of the members 
 of the company or class of members, as the case may be, to 
 be summoned in such manner as the Court directs. 
 
 2. If a majority in number representing three-fourths in 
 value of the creditors or class of creditors, or members or class 
 of members, as the case may be, present either in 'person or 
 by proxy at the meeting, agree to any compromise or arrange- 
 ment, the compromise or arrangement shall, if sanctioned 
 by the Court, be binding on all the creditors or the class of 
 
Companies. Chap. 18. 103 
 
 directors, or on the members or class of members, as the case may 
 be, and also on the company or, in the case of a company in 
 the course of being wound up, on the liquidator and contribu- 
 tories of the company. 
 
 3. In this section the expression "company" means any 
 company liable to be wound up under this Ordinance. No, 15 
 of 1914, s. 129. 
 
 Meaning of "Private Company." 
 
 130. For the purposes of this Ordinance the expression Meaning of 
 private company" means a company which by its memorandum "P"vate 
 
 or articles — oompany. 
 
 (a) Restricts the right to transfer its shares; and 
 
 (6) Limits the number of its members (exclusive of persons 
 
 who are in the employment of the company) to fifty; and 
 (c) Prohibits any invitation to the public to subscribe for 
 
 any shares or debentures of the company. 
 
 2. A private company may, subject to anything contained 
 in the memorandum or articles, by passing a special resolu- 
 tion and by filing with the Registrar such a statutory declara- 
 tion as the company, if a pubhc company, would have had to 
 file before commencing business, turn itself into a public 
 company. 
 
 3. where two or more persons hold one or more shares in 
 a company jointly they shall, for the purposes of this section, 
 be treated as a single member. No. 15 of 1914, s. 130. 
 
 PART V. 
 
 Incoepokation of Mining Companies without any 
 Personal Liability. 
 
 131. The memorandum of a company incorporated Mining 
 or reincorporated under this Ordinance, the objects whereof ^'yf''"'®'' 
 are restricted to acquiring, managing, developing, working, and epeoialiy 
 selling mines (including coal mines), mineral claims, placer {-"jj*,?? 
 mining claims, mining properties, and petroleum claims, and the shares.^ °" 
 winning, getting, treating, refining, and marketing of mineral, 
 coal or oil therefrom, may contain a provision that no personal 
 liability shall attach to any subscriber or holder of shares in a 
 company so incorporated, and the certificate of incorporation 
 issued under section 26 of. this Ordinance shall state that the 
 company is specially limited under this section. 
 
 2. Every company, the objects whereof are restricted Powers of 
 as aforesaid, shall be deemed to have the following, but, except JiabiuHy""'^ 
 as in this Ordinance otherwise expressed, no greater powers, mining 
 
 that is to say:— _ companies. 
 
 (a) To obtain by purchase, lease, hire, discovery, location 
 or otherwise, and hold, within the Territory, mines, 
 
 70263—11^ 
 
164 Chap. 18. Companies. 
 
 mineral claims, mineral leases, prospects, mining land 
 and mining rights of every description, and to work, 
 develop, operate, and turn the same to account, and 
 to sell or otherwise dispose of the same or any of them, 
 or any interest therein: 
 (6) To dig for, raise, crush, wash, smelt, assay, analyse, 
 reduce, amalgamate, and otherwise treat gold, silver, 
 coal, copper, lead ores or deposits, and other minerals 
 and metallic substances and compounds of all kinds, 
 whether belonging to the company or not, and to render 
 the same merchantable, and to buy, sell, and deal in 
 the same or any of them: 
 
 (c) To carry on the business of a mining, smelting, milling, 
 and refining company in all or any of its branches: 
 
 (d) To acquire by purchase, lease, hire, exchange, or other- 
 wise, such timber lands or leases, timber claims, licenses 
 to cut timber, surface rights, and rights-of-way, water 
 rights and privileges, mills, factories, furnaces for smelting 
 and treating ores and refining metals, buildings, mach- 
 inery, plant, or other real or personal property as may 
 be necessary for or conducive to the proper carrying 
 out of any of the objects of the company: 
 
 (e) To construct, maintain, alter, make, work and operate 
 on the property of the company, or on property con- 
 trolled by the company, any canals, trails, roads, ways, 
 tramways, bridges and reservoirs, dams, flumes, race 
 and other ways, water-courses, aqueducts, wells, wharves, 
 piers, furnaces, sawmills, crushing-works, smelting works, 
 concentrating works, hydraulic works, coke ovens, 
 electrical works and appliances, warehouses, buildings, 
 machinery, plant, stores and other works and conveniences 
 which may seem conducive to any of the objects of 
 the company, and, with the consent of the shareholders 
 in general meeting, to contribute to, subsidize, or 
 otherwise aid or take part in any such operation, though 
 constructed and maintained by any other company 
 or persons outside of the property of the company; 
 and to buy, sell, manufacture and deal in all kinds of goods, 
 stores, implements, provisions, chattels and effects 
 required by the company or its workmen and servants: 
 
 (/) To build, acquire, own, charter, navigate and use 
 steam and other vessels for the purposes of the company: 
 
 (g) To take, acquire and hold as the consideration for 
 ores, metals or minerals sold or otherwise disposed 
 of, or for goods supplied or for work done by contract 
 or otherwise, shares, debentures, bonds or other secu- 
 rities of or in any other company the objects of which 
 are restricted as herein aforesaid, and to sell or otherwise- 
 dispose of the same : 
 
 (h) To enter into any arrangement for sharing profits, 
 union of interests, or co-operation with any other person 
 or company carrying on, or about to carry on, any 
 business or transaction which a company specially limited 
 under this section is authorized to carry on: 
 
Companies. Chap. 18. 165 
 
 (i) To purchase, or otherwise acquire and undertake all 
 or any of the assets, business, property, privileges, 
 contracts, rights, obligations and liabilities of any 
 person or company carrying on any part of the business 
 which a company specially limited under this section 
 is authorized to carry on, or possessed of property suitable 
 for the purposes thereof: 
 
 0") To borrow or raise money for the purposes of the 
 company, but so that the amount so borrowed or raised 
 shall not, without the sanction of a general meeting 
 of the company, exceed one-quarter of the amount of 
 the paid up capital for the time being, and for the purpose 
 of securing such money and interest, or for any other 
 purpose, to mortgage or charge the undertaking or 
 all or any part of the property of the company, present 
 or after acquired; and to create, issue, make, draw, 
 accept and negotiate perpetual or redeemable debentures 
 or debenture stock, promissory notes, bills of exchange, 
 bills of lading, warrants, obligations, and other negotiable 
 and transferable instruments: Provided, however, that 
 the restriction in this subsection contained as to borrow- 
 ing without the sanction of a general meeting shall 
 not be deemed to be imperative, and shall in no wise 
 limit, control, or affect any power of borrowing vested 
 in the board of directors of the company or of the com- 
 pany under the memorandum, articles or by-laws f)f the 
 company: 
 
 {k) To distribute any of the property of the company 
 among the members in specie: 
 
 (Z) To sell, improve, manage, develop, exchange, lease, 
 mortgage, dispose of, turn to account, or otherwise 
 deal with the undertaking or the whole or any part of 
 the property and rights of the company, with power 
 to accept as the consideration any shares, stocks, or 
 obligations of any company: Provided, however, that 
 in case of a sale for shares in a company other than a 
 non-personal liability company, such shares shall be 
 fully paid up : 
 
 (m) To do all such other things as are incidental or con- 
 ducive to the attainment of the foregoing objects. 
 No. 15 of 1914, s. 131. 
 
 133. Where a certificate of incorporation incorporating Shares to 
 any such company, or a license or certificate of registration marked.* ^ 
 to any extra-territorial company, has been issued containing 
 the provisions mentioned in section 131 of this Ordinance, 
 every certificate pf shares or stock issued by the company shall 
 bear upon the face thereof, distinctly written or printed in 
 red ink, after the name of the company, the words "issued 
 under section 131, respecting mining companies, of The Com- 
 panies Ordinance, ' ' and where such shares or stock are issued 
 subject to further assessments the word "assessable," or if 
 not subject to further assessment the word "non-assessable," 
 as the case may be. No. 15 of 1914, s. 132. 
 
166 
 
 Chap. 18. 
 
 Companies. 
 
 Charter, 
 prospectuses, 
 and other 
 documents 
 of such 
 company to 
 be specially 
 marked. 
 
 Penalty. 
 
 133. Every company, the objects whereof are restricted 
 as aforesaid, shall have written or printed on its charter, pros- 
 pectuses, stock certificates, bonds, contracts, agreements, 
 notices, advertisements, and other official publications, and 
 in all bills of exchange, promissory notes, indorsements,-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, 
 receipts, and letter heads 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 such 
 words shall be the last words of its name; and every such com- 
 pany which refuses, or knowingly neglects, to comply with 
 this section shall incur a penalty of twenty dollars for every 
 day during which such name is not so kept written or printed, 
 recoverable upon summary conviction; and every director 
 and manager, secretary, and officer of the company who know- 
 ingly and wilfully authorizes or permits such default shall be 
 liable to the like penalty. No. 15 of 1914, s. 133. 
 
 linforcement 
 of payment 
 of assess- 
 ment on 
 such shares. 
 
 134. In the event of any call or calls on assessable shares 
 in a company, the objects whereof are restricted as aforesaid, 
 remaining unpaid by the siibscriber thereto, or holder thereof, 
 for a period of sixty days after notice and demand of payment, 
 such shares may be declared by the directors to be in default, 
 and the secretary of the company may advertise such shares 
 for sale at public auction to the highest bidder for cash, by 
 giving notice of such sale in some newspaper published or cir- 
 culating in the city or district where the principal office of the 
 company is situated, for a period of one month; and said notice 
 shall contain the number of the certificate or certificates of 
 such shares, and the number of shares, the amount of the assess- 
 ment 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 subscriber or holder by regis- 
 tered letter mailed to his last known address; and if the sub- 
 scriber or holder of such shares shall fail to pay the amount 
 due upon such shares, with interest upon the same at the rate 
 provided by the articles, by-laws, or regulations of the company, 
 or where no rate is so fixed, at the same rate as is provided 
 by Statute in other cases where interest is by law payable and 
 the rate is not agreed upon, 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 such interest and cost of advertising: 
 Provided that if the price of the share so sold exceeds the amount 
 due with said interest and cost thereon, the excess thereof 
 shall be paid to the defaulting subscriber or holder. No. 15 
 of 1914, s. 134. 
 
 Liability of 135. No shareholder or subscriber for shares in any com- 
 
 on^such "^ pany, the objects whereof are restricted as aforesaid, shall 
 
 shares. be personally liable for non-payment of any calls made upon 
 
 his shares, nor shall such shareholder or subscriber be personally 
 
Companies. Chap. 18^ 167 
 
 liable for any debt contracted by the company, or for any sum 
 payable by the company. No. 15 of 1914, s. 135. 
 
 136. Wherever any shares have been, prior to the first day Existing 
 of May, 1914, issued by any company duly incorporated under h«3"'®' 
 any Ordinance as fully paid-up shares, either at a discount revisfon of 
 or in payment for any mine, mineral claim, or mining property ^^^*- 
 purchased or acquired by such company, or for the acquiring 
 whereof such company has been incorporated, all such shares 
 
 shall, except as to any debts contracted by the company before 
 the first day of May, 1914 (in regard to which the liability in 
 such shares shall be the same as if this Ordinance had not been 
 passed;), be deemed and held to be fully paid up, and the holder 
 thereof shall be subject to no personal liability thereon, in 
 the same manner as if the memorandum of association of the 
 company had contained the provision aforesaid. No. 15 
 of 1914, s. 136. 
 
 137. Any company with specially limited Uability on shares Shares in 
 heretofore incorporated under an Ordinance respecting mining iSp'SSted 
 companies, being Chapter 60 of the Consolidated Ordinances under 
 
 of the Yukon Territory, 1902, and the powers, rights, and S'^ConsoU? 
 liabilities of any such company and of its shareholders, shall dated Ordi- 
 be and remain specially limited as provided in those sections °o"be at au"^' 
 and all shares of any such company heretofore issued, or that times lull 
 may hereafter be issued, as. full paid and non-assessable, as paid and 
 therein provided, shall at all times be deemed to be f<ill-paid assessable. 
 and non-assessable. No. 15 of 1914, s. 137. 
 
 138. In case a resolution authorizing reincorporation Reincorpora- 
 and registration under the provisions of this Ordinance, and o^in|,^° 
 authorizing the execution by the directors on behalf of the limited 
 shareholders of the company of a memorandum of association company. 
 for the objects specified in such resolution, is passed at a general 
 meeting of the shareholders of the company duly called specially 
 
 for the purpose, at which meeting at least two-thirds in value 
 of all the shares of the company are represented by the holders 
 thereof in person or by proxy and vote in favour of such reso- 
 lution, any company heretofore incorporated, or hereafter 
 incorporated, subject to the provisions contained in section 
 131 of this Ordinance, or to the like provisions of any former 
 Ordinance, and being at the time of registration a subsisting 
 and valid company, and upon payment to the Registrar of 
 a fee of ten dollars, and no more (except where the capital is 
 increased), shall be entitled to receive from the Registrar a 
 certificate of the reincorporation and registration of the com- 
 pany under this Ordinance as an unlimited company, or as 
 a company limited by shares, or as a company limited by guar- 
 antee, for the objects and purposes to be set out in the mem- 
 orandum of association executed in pursuance of such resolu- 
 tion, and thereupon the old company shall, as such company, 
 cease to exist, and all the rights, property, and obliga,tions of 
 the former company shall thereby be and be deemed ipso facto 
 
168 Chap. 18. Companies. 
 
 to have been transferred to the new company, and all proceedings 
 may be continued or commenced by or against the new company 
 that might have been continued or commenced by or against 
 the old company, and it shall not be necessary in the certificate 
 of reincorporation or registration to set out the names of the 
 shareholders, and after such reincorporation and registration 
 the company shall be governed in all respects by the provisions 
 of this Ordinance, except that the liabilities of the shareholders 
 to creditors of the old company shall remain as at the time of 
 reincorporation; and of such reincorporation the certificate 
 aforesaid shall be conclusive evidence, as well as conclusive 
 evidence of the due registration and observance of all statutory 
 requirements with respect to registration or incorporation 
 in force prior to the passing of this Ordinance: 
 
 (a) Where an existing company applies for registration 
 under this section, the directors may, in and by the 
 memorandum of association executed pursuant to and 
 conforming to the resolution of the company authorizing 
 the execution thereof, extend, vary, or limit the powers 
 and objects of the company, and the certificate of regis- 
 tration under this section shall be to the new company 
 by a different name than that of the old company: 
 
 (b) Where the existing company is registered under this 
 section, the capital of the company may be increased 
 or decreased to any amount which may be fixed by the 
 resolution of the company authorizing such registration; 
 but where increased the fees for increase of capital 
 mentioned in Table B to this Ordinance shall be paid to 
 the Registrar: 
 
 (c) The said resolution shall prescribe the manner in which 
 the shares in the new company are to be allotted to 
 holders of shares in the old company, and shall prescribe 
 to what amount (if any) the shares in the new company 
 shall be assessable, and generally the terms upon which 
 the new shares shall be deliverable to the allottees: 
 Provided, however, that no shareholder in the old 
 company shall be liable upon any shares in the new 
 company unless he accepts the allotment to him of the 
 same: 
 
 (d) The memorandum of association may be accompanied 
 by articles of association, in accordance with section 20 
 of this Ordinance, and. such articles of association must 
 be authorized by the resolution authorizing registration 
 under the provisions of this section: 
 
 (e) Whenever the Registrar considers that public notice- 
 of an intended application for reincorporation and 
 registration under this section should be given, he shall 
 require notice to be published in the Gazette, or otherwise, 
 as he thinks proper: 
 
 (/) The Registrar may, in any case where he thinks it 
 proper so to do, refuse reincorporation and registration: 
 Provided that the company may appeal from the decision 
 of the Registrar under this section to the Territorial 
 Court, or a Judge thereof in Chambers, by motion: 
 
Companies. Chap. 18. 169 
 
 (g) Every certificate of registration issued under this 
 section shall be published in one issue of the Gazette and 
 in one issue of a newspaper circulating in the city or 
 district in which the registered office of the company is 
 situate. No. 15 of 1914, s. 138. 
 
 PART VI. 
 
 Licensing and Registration op Extra-territoeial 
 Companies. 
 
 General. 
 
 139. Every extra-territorial company, other than a company Extra- 
 incorporated under authority of an Act of Parliament of Territorial 
 Canada, having gain for its purpose and object within the scope req™S'to 
 of this Ordinance is hereby required to be licensed or registered become 
 under this or some former Ordinance, and no company, firm, rg^l^tlreT. 
 broker, or other person shall, as the representative or agent of 
 
 or acting in any other capacity for any such extra-territorial 
 company, carry on any of the business of an extra-territorial 
 company within the Yukon Territory until such extra-territorial 
 company shall have been licensed or registered as aforesaid. 
 
 This section shall apply to an extra-territorial company f^J'^t^ .. [ 
 notwithstanding that it was heretofore registered as a foreign companies 
 company under the provisisions of any Ordinance. No. 15 of lieretofore 
 
 1914, S. 139. registered. 
 
 140. The Registrar may, for good cause shown, dispense ■^'^l^^j.*'^^''^'^ 
 with the filing by an extra-territorial company, _ proceeding §ig^ense° 
 to obtain a license or registration under the provisions of this with filing 
 Part of this Ordinance, of one or more of the documents which °' documents. 
 compose its charter and regulations, and may allow to _ be 
 substituted therefor a list of the documents so dispensed with, 
 accompanied by a statement of the reasons for dispensing with 
 
 the originals, and (if he so require) by such memorandum of the 
 contents of such originals as he may deem sufficient. No. 15 
 of 1914, s. 140. 
 
 141. Any extra-territorial company licensed or registered ^Ifj^*^^,^^. 
 under this or some former Ordinance may sue and be sued in its p^ny to sue, 
 corporate name, and, if authorized so to do by its charter and hold land, 
 regulations, may acquire and hold lands in the Yukon Territory "^ "■ 
 
 by gift, purchase, or as mortgagees or otherwise, as fully and 
 freely as private individuals; and may sell, lease, mortgage, or 
 otherwise alienate the same. No. 15 of 1914, s. 141. 
 
 142. Every extra-territorial company registered as a com- f^'f-^g^Jf"'^ 
 pany under this or some former Ordinance shall, subject to registered 
 the provisions of its charter and regulations, and of this Ordin- companies. 
 ance, have and may exercise all the rights, powers, and privi- 
 
 eges by this Ordinance granted to and conferred upon 
 
170 
 
 Chap. 18. 
 
 Companies. 
 
 companies incorporated thereunder; and every such extra- 
 territorial company and the directors, of&cers, and members 
 tliereof shall, save as in this Ordinance otherwise -provided, 
 1)6 subject to and shall, subject as aforesaid, observe, carry out, 
 and perform every act, matter, obligation, and duty by this 
 Ordinance prescribed and imposed upon companies incorporated 
 thereunder, or upon the directors, officers, and members thereof. 
 No. 15 of 1914, s. 142. 
 
 Power to 
 issue and 
 transfer 
 shares. 
 
 Register. 
 
 143. Ever}^ extra-territorial company registered under 
 this Part of this Ordinance shall, in and by the power of attorney 
 hereinafter prescribed empower its attorney to issue and transfer 
 Shares of the company. 
 
 Every such extra-territorial company shall, at its head office 
 or chief place of business in the Territory, provide and keep, in 
 form and manner provided by section 33 of this Ordinance, 
 a register of all shares issued at such head office or chief place 
 of business, and of all transfers of shares in the company made 
 within the Territory and presented for record at such head 
 office or chief place of business; and every lawful transfer of 
 shares made by a member shall, upon the entry and record on 
 such register, be valid and binding to all intents and purposes; 
 and every act, matter, or thing lawfully done by the attorney 
 of the company pursuant to this section shall bd as valid and 
 binding in all respects as if done by the company or the directors, 
 managers, or officers of the company, pursuant to the provisions 
 of the charter and regulations of the company and of this 
 Ordinance in that behalf. No. 15 of 1914, s. 143. 
 
 Surrender of 
 certificate 
 of regis- 
 tration for 
 license. 
 
 What certi- 
 ficate of 
 registration 
 or license to 
 extra-terri- 
 torial com- 
 panies to 
 contain. 
 
 What extra- 
 territorial 
 companies 
 subject 
 to the 
 Ordinance. 
 
 144. Every extra-territorial company duly incorporated 
 under the laws of the United Kingdom, or of the late Province 
 of Canada, or of any of the Provinces of Canada, registered 
 prior to the first day of May, 1914, in the Territory as a foreign 
 company under the provisions of any Ordinance, may surrender 
 to the Registrar the certificate of registration of the company 
 issued under such Ordinance and obtain from him a license 
 under the provisions of this Part of this Ordinance; and for the 
 purpose of obtaining such license the surrender of such certificate 
 of registration and the filing of the power of attorney prescribed 
 by clause (c) of section 152 of this Ordinance shall be deemed 
 to be a sufficient compliance with the requirements of this Part. 
 No. 15 of 1914, s. 144. 
 
 145. The license issued in pursuance of the last preceding 
 section of this Ordinance to an extra-territorial company 
 heretofore registered as a foreign company need not contain 
 in detail the objects of the company, but may incorporate 
 them by reference to the former certificate of registration 
 of the company. No. 15 of 1914, s. 145. 
 
 146. Every extra-territorial company registered in the 
 Territory before the passage of this Ordinance, as a foreign 
 company under the provisions of ftny Ordinance in that behalf 
 
Companies. Chap. 18. 171 
 
 (other than a company entitled to obtain, and which has 
 obtained, a license under some former Ordinance, or may obtain 
 a license under this Part of this Ordinance), and the directors, 
 officers, and members thereof, shall be subject to and shall 
 observe, carry out, and perform every act, matter, obligation, 
 and duty by this Ordinance prescribed and imposed upon 
 companies incorporated thereunder, or upon the directors, offi- 
 cers, and members thereof. No. 15 of 1914, s. 146. 
 
 14'7. In case of any suit or other proceeding being com- Security for 
 menced by any extra-territorial company against any person g°^ra- ^ 
 or corporation residing or carrying on business in the Territory, territorial 
 such extra-territorial company shall furnish security for costs, company. 
 if demanded. No. 15 of 1914, s. 147. 
 
 148. The Commissioner may, by an order to be published Commis- 
 in three consecutive issues of the Gazette, suspend or revoke po^g^ to 
 and make null and void any license granted or any registration suspend or 
 effected under this or some former Ordinance to any company f?™^^^ 
 which refuses or fails to keep a duly appointed attorney within 
 
 the Territory, or to comply with any of the provisions of this 
 Part of this Ordinance; and, notwithstanding such suspension 
 or revocation, the rights of creditors of the company shall remain 
 as at the time of such suspension or revocation. No. 15 of 
 1914, s. 148. 
 
 149. Sections 102 to 110 A, both inclusive, of this Ordinance ^[^^J^^" 
 shall apply to every extra-territorial company. No. 15 of 1914, sections to 
 
 o 14.0 " extra- 
 
 *■ -^*"- ' territorial 
 
 companies. 
 
 150. The license or certificate of registration to any extra- Ertra-t«r- 
 territorial company (the objects whereof are restricted as men- ritoriai . 
 tioned in section 131, subsection (1), of this Ordinance) may, ^^"obtain 
 if so applied for in the application for such license, or in the benefit of 
 petition for such registration, contain the provision that the j\°^-5?[^™"^ 
 company is specially limited as in that section expressed; 
 
 and in such case the provisions of sections 131, 132, 133, 134, 
 and 135 of this Ordinance shall apply to such extra-terntorial 
 company. No. 15 of 1914, s. 150. 
 
 Licensing of Extra-territorial Companies. 
 
 151. Any extra-territorial company duly incorporated under Compames 
 
 the laws of — license. 
 
 (a) The United Kingdom; 
 
 (6) The former Province of Canada; and 
 
 (c) Any of the Provinces of the Dominion; 
 duly authorized by its charter and regulations to carry out or 
 effect any of the purposes or objects to which the legislative 
 authority of the Council extends, may obtain a license from the 
 Registrar authorizing it to carry on business within the Terri- 
 tory on compliance with the provisions of this Ordinance, and 
 on payment to the Registrar in respect of the several matters 
 mentioned in the Table B in the First Schedule hereto the 
 
172 Chap. 18. Companies. 
 
 several fees therein specified, and shall, subject to the pro- 
 visions of the charter and regulations of the company, and to 
 the terms of the license, thereupon have the same powers and 
 privileges in the Territory as if incorporated under this Ordi- 
 nance. No. 15 of 1914, s. 151. 
 
 Proceedings 152. Before the issue of a license to any such extra-territorial 
 such license. Company, the company shall file in the office of the Registrar — 
 
 (a) A true copy of the charter and regulations of the 
 company, verified in manner satisfactory to the Registrar, 
 and showing that the company by its charter has author- 
 ity to carry on business in the Territory; and if any 
 instrument included in the aforesaid is not written in the 
 English language, a notarially certified translation 
 thereof: 
 
 (6) An affidavit or statutory declaration that the company 
 is still in existence and legally authorized to transact 
 business under its charter: 
 
 (c) A duly executed power of attorney, under its common 
 seal, empower in some person therein named, and resid- 
 ing in the city or place where the head office of the 
 company in the Territory is situate, 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 and 
 within the Territory, to accept service of process and to 
 receive all lawful notices, and to do all acts and to execute 
 all deeds and other instruments relating to the. matters 
 within the scope of the power of attorney and of the 
 company to give to its attorney; and such company 
 may from time to time, by a new or other power of 
 attorney executed and filed as aforesaid, appoint another 
 attorney within the Territory for the purposes aforesaid 
 to replace the attorney formerly appointed. The power 
 of attorney may be according to a form approved of and 
 provided by the Registrar: 
 
 (rf) Notice of the place where the head office without the 
 Territory is situate: 
 
 (e) Notice of the city, town or district in the Territory 
 where the head office of the company is proposed to be 
 situate : 
 
 (f) The amount of the capital of the company: 
 
 (g) The number of shares into which it is divided. No. 15 
 of 1914, s. 152. 
 
 Contents of 153. The license shall set forth — 
 
 ""'"^'^- (a) The corporate nanj3 of the company: 
 
 (b) The place where the head office of the company is 
 situate : 
 
 (c) The place where the head office of the company in the 
 Territory is situate : 
 
 (d) The name, address, and occupation of the attorney of 
 the company: 
 
 (e) The amount of the capital of the company: 
 (/) The number of shares into which it is divided: 
 
of 
 
 Companies. Chap. 18. 173 
 
 (g) The time of the existence of the company, if incorpor- 
 ated for a limited period: 
 (h) In the case of a limited company, that the company 
 
 (i) In the case of a mining company, to which the non- 
 personal hability sections in Part V of this Ordinance 
 apply that the liability of the members is so specially 
 
 and such certificate, together with a statement by the Registrar Evidonoo. 
 of the objects for which the company has been established and 
 licensed, shall be published at the expense of the company for 
 tour weeks m the Gazette; and suoh license shall be conclusive 
 evidence of compliance with all the requirements of this Ordi- 
 nance. 
 
 Notice of the appointment of a new attorney, or of the com- 
 pany ceasing to carry on business in the Territory, shall likewise 
 be pubhshed for the time and in the manner aforesaid. No 15 
 of 1914, s. 153. 
 
 154. The license, or a copy thereof certified under the hand Evidence 
 and seal of the Registrar, or a copy of the Gazette containing ''"'""''• 
 such hcense, shall be sufficient evidence in any proceeding in 
 any Court in the Territory of the due licensing of the company 
 aforesaid. No. 15 of 1914, s. 154. 
 
 155. If the power of attorney hereinbefore prescribed Substitu- 
 becomes invalid or ineffectual from any reason, or if other *'™?' 
 service cannot be readily effected, the Court or Judge may order ^•''■'^""'• 
 substitutional service of any process or proceeding upon the 
 company to be made by such publication as is deemed requisite 
 to be made in the premises, for at least four weeks in at least 
 one newspaper; and such publication shall be held to be due 
 service upon the company of such process or proceeding. No. 
 15 of 1914, s. 155. 
 
 Registration of Extra-territorial Companies. 
 
 156. Any other extra-territorial company, duly authorized Power for 
 by its charter and regulations to carry out or effect any of the f^^'^^r . 
 purposes or objects to which the legislative authority of the company to 
 Council extends, may register the company as a company under register. 
 this Ordinance on compliance with the provisions of this Part, 
 and on payment to the Registrar in respect of the several mat- 
 ters mentioned in the Table B in the First Schedule hereto the 
 several fees therein specified, and such company shall, subject 
 to the provisions of the charter and regulations of the company 
 and of this Ordinance, thereupon have the same powers and 
 privileges in the Territory as if incorporated under the pro- 
 visions of this Ordinance. No. 15 of 1914, s. 156. 
 
 157. Any extra-territorial company desiring to become Proceedings 
 registered as a company under this Ordinance as aforesaid may p^nfpany to 
 petition therefor under the common seal of the company, and obtain 
 with such petition shall file in the office of the Registrar — registration. 
 
174 
 
 Chap. 18. 
 
 Companies. 
 
 Powers of 
 attorney 
 by extra- 
 territorial 
 companies 
 Beeking 
 registration. 
 
 (a) A true copy of the charter and regulations of the 
 company, verified in manner satisfactory to the Registrar, 
 and showing that the company by its charter has au- 
 thority to carry on business in the Territory; and if any 
 instrument included in the aforesaid is not written in 
 the English language, a notarially certified translation 
 thereof: 
 
 (6) An affidavit or statutory declaration that the said 
 company is still in existence and legally authorized to 
 transact business under its charter: 
 
 (c) A duly executed power of attorney, under its common 
 seal, empowering some, person therein named, and resid- 
 ing in the city or place where the head office of the 
 company in the Territory is situate, 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 and within 
 the Territory, to accept service of process and to receive 
 all lawful notices, to issue and transfer shares or stock, 
 and to do all acts and to execute all deeds and other 
 instruments relating to the matters within the scope of 
 the power of attorney and of the company to give to its 
 attorney; and such company may from time to time, by 
 a new or other power of attorney executed and deposited 
 as aforesaid, appoint another attorney within the Terri- 
 tory for the purposes aforesaid to replace the attorney 
 formerly appointed. The power of attorney may be 
 according to a form approved of and provided by the 
 Registrar: 
 
 (d) Notice of the place where the head office of the com- 
 pany without the Territory is situate: 
 
 (e) Notice of the city, town or district in the Territory 
 where the head office of the company is proposed to be 
 situate: 
 
 if) The amount of the capital of the company: and 
 (g) The number of shares into which it is divided. No. 15 
 of 1914, s. 157. 
 
 158. The Registrar may accept from any extra-territorial 
 company, proceeding to obtain registration under the provisions 
 of section 157 of this Ordinance, a power of attorney which 
 varies in substance from that called for by clause (c) of said 
 section, in that it omits to empower the attorney named therein 
 to issue and transfer shares or stock, upon its being shown to 
 his satisfaction either that the company is not a public company 
 the shares or stock whereof are upon the market, or that although 
 the company is a public company, and the shares or stock thereof 
 are upon the market, yet that, either owing to the small quantity 
 of the shares or stock of the company held in the Territory and 
 to the fact that the company does not propose to place any ot 
 the shares or stock upon the market in the Territory, or to the 
 fact that the consent of the holders of shares or stock within the 
 Territory has been obtained, the preponderance of convenience 
 is in favour of exempting the company from empowering their 
 attorney in the manner specified: 
 
Companies. Chap. 18. 176 
 
 (a) The certificate of registration issued to the company 
 under the provisions of section 159 shall state, after the 
 name, address and occupation of the attorney, that such 
 attorney is not empowered to issue or transfer shares or 
 stock: 
 
 (6) The company shall thereupon be relieved from com- 
 pliance with section 143 of this Ordinance. No. 15 of 
 1914, s. 158. 
 
 159. The Registrar shall issue to any extra-territorial com- Contents of 
 pany registerd under this Ordinance a certificate of registration certificate. 
 which shall set forth — 
 
 (a) The corporate name of the company: 
 (6) The place where the head office of the company is 
 situate: 
 
 (c) The place where the head office of the company in the 
 Territory is situate: 
 
 (d) The name, address, and occupation of the attorney of 
 of the company: 
 
 (e) The amount of the capital of the company: 
 
 (/) The number of shares into which it is divided, and the 
 
 amount of each share: 
 (g) The time of the existence of the company, if incorpor- 
 ated for a limited period: 
 (h) In the case of a limited company, that the company 
 
 is limited : 
 (i) In the case of a mining company, to which the non- 
 personal liability sections in Part V of this Ordinance 
 s-PPlyj that the liability of the members of the company 
 is so specially limited: 
 and such certificate, together with a statement by the Registrar Publication. 
 of the objects for which the company has been established and 
 registered, shall be published at the expense of the company 
 for four weeks in the Gazette; and such certificate shall be con- 
 clusive evidence of compliance with all the requirements of 
 this Ordinance. 
 
 Notice of the appointment of a new attorney, or of the com- 
 pany ceasing to carry on business in the Territory, shall likewise 
 be published for the time and in manner aforesaid. No. 15 of 
 1914, s. 159. 
 
 160. The certificate of registration, or any copy thereof Evidence 
 certified under the hand and seal of the Registrar, or a copy of °^ such 
 the Gazette containing such certificate of registration, shall be ^"^'^ 
 sufficient evidence in any proceeding in any Court in the Terri- 
 tory of the due registration of the company as aforesaid. No . 
 
 15 of 1914, s. 160. 
 
 161. If the power of attorney hereinbefore prescribed be- Substitu- 
 comes invalid or ineffectual from any reason, or if other service f°^^ 
 cannot readily be effected, the Court or Judge may order sub- on such 
 stitutional service of any process or proceeding upon the com- Company. 
 pany to be made by such publication as is deemed requisite to 
 
 be made in the premises, for at least four weeks in at least one 
 
176 
 
 Chap. 18. 
 
 Provision 
 requiring all 
 transactions 
 of an un- 
 registered 
 company to 
 conform to 
 the laws of 
 the 
 Territory. 
 
 Companies. 
 
 newspaper; and such pubUcation shall be held to be due service 
 upon the company of such process or proceeding. No. 15 of 
 1914, s. 161. 
 
 163. No act, matter, disposition, or thing affecting the 
 corporate rights and property of the company within the Ter- 
 ritory, made, done, or executed by any extra-territorial company 
 entitled to registration only under this Part of this Ordinance, 
 although valid by the laws of the country or State under which 
 such company is incorporated, or permissible under its original ■ 
 corporate powers, shall be of any force or effect, or enforceable 
 by the company or any one on its behalf by action in any Court 
 in the Territory, unless such act, matter, disposition, or thing 
 be valid and permissible by the laws of the Territory. No. 15 
 of 1914, s. 162. 
 
 Penalty for 
 doing busi- 
 ness without 
 license. 
 
 Disabilities and Penalties. 
 
 163. If any extra-territorial company shall, without being 
 licensed or registered pursuant to this or some former Ordinance 
 carry on in the Territory any part of its business, such extra- 
 territorial company shall be liable to a penalty of fifty dollars 
 for every day upon which it so carries on business. No. 15 of 
 1914, s. 163. 
 
 Unlicensed 
 company not 
 capable of 
 maintaining 
 action. 
 
 Pi'oviso. 
 
 164. So long as any extra-territorial company remains 
 unlicensed or unregistered under this or some former Ordinance, 
 it shall not be capable of maintaining any action, suit, br other 
 proceeding in any Court in the Territory in respect of any 
 contract made in whole or in part within the Territory in the 
 course of or in connection with its business, contrary to the 
 requirements of this Part of this Ordinance. 
 
 Provided, however, that upon the granting or restoration of 
 the license or the issuance or restoration of the certificate of 
 registration or the removal of any suspension of either license 
 or the certificate, any action, suit, or other proceeding may be 
 maintained as if such license or certificate had been granted or 
 restored or such suspension removed before the institution of 
 any such action, suit, or other proceedings. No. 15 of 1914, 
 s. 164. 
 
 Cannot hold 
 land. 
 
 Proviso. 
 
 Penalty for 
 agent of 
 unlicensed or 
 unregistered 
 company 
 carrying on 
 business. 
 
 165. No extra-territorial company required by this Ordi- 
 nance to be licensed or registered shall be capable of acquiring 
 or holding lands or any interest therein in the Territory, or 
 registering any title thereto under the Land Titles Act, unless 
 duly licensed or registered under this or some former Ordinance: 
 
 Provided, however, that the granting of a license or certificate 
 of registration shall operate as a removal of any disability under 
 this section. No. 15 of 1914, s. 165. 
 
 166. If any company, firm, broker, or other person acting 
 as the agent or representative of or in any other capacity for 
 an extra-territorial company not licensed or registered under 
 this or some former Ordinance shall carry on any of its business 
 contrary to the requirements of this Part of this Ordinance, 
 
Companies. Chap. 18. 177 
 
 such company, firm, broker, agent, or other person shall be 
 liable to a penalty of twenty dollars for every day it, he, or 
 they shall so carry on such business. No. 15 of 1914, s. 166. 
 
 lOT. The Commissioner may, when or after a license has Power to 
 been granted or a certificate issued, remit in whole or part ''^™'* . ^ 
 any_ penalty incurred under this Ordinance by the company ^^^^ 
 receiving the license or the certificate, or by any representative 
 or agent thereof, and may also remit in whole or part the costs 
 of any action or proceeding commenced for the recovery of 
 any such penalty, and thereupon the whole or such part of 
 the costs, as the case may be, shall not be recoverable. No. 15 
 of 1914, s. 167. 
 
 1G8. The penalties imposed by this Part of this Ordinance Penalties- 
 shall be recoverable only by action at the suit of or brought "rabie'^by^' 
 with the written consent of the Commissioner, and any action or with Con- 
 or proceeding to recover any such penalty shall be commenced ^°s*s°oner ™ 
 within six months after the liability for such penalty has been 
 incurred, and not afterward: Provided that in any action to 
 recover any such penalty the onus of proving that a company 
 is duly licensed or registered under this or some former Ordi- 
 nance shall be upon the defendant. No. 15 of 1914, s. 168. 
 
 169. No act, matter, contract, agreement, undertaking. Acts of 
 or proceeding of an extra-territorial company carrying on companies 
 business in the Territory prior to the passage of this Ordinance not invali- 
 shall be attached, nor shall the same be invahdated, nullified, ^^j^auit^J, 
 or held so to be by reason only of the fact that the company, dircctora. 
 or the directors, officers, or members thereof, or any of them, 
 may hereafter becomeliable to a penalty for neglect to observe 
 any provision of this Ordinance. No. 15 of 1914, s. 169. 
 
 169a. The taking orders by travellers for goods, wares Sabs^by^ ^^ 
 or merchandise to be subsequently imported into the Yukon ^y por- 
 Territory to fill such orders, or the buying or the sellling of respondenco. 
 such goods, wares or merchandise by correspondence, if the 
 company has no resident agent or representative and no ware- 
 house, office or place of business in the Yukon Territory, the 
 onus of proving which shall in any prosecution under this Part 
 rest on the accused, shall not be deemed to be carrying on 
 business within the meaning of this Part. No. 15 of 1914, c. 169a. 
 
 PART VII. 
 
 Process against Unregistered Extra territorial 
 
 Companies. 
 
 170. In this Part of this Ordinance the word "company" P^o^j^ny"^ 
 shall be construed to mean any unlicensed and unregistered ;„ this Part, 
 extra-territorial company which has done, entered into, or made 
 
 70263—12 
 
178 
 
 Chap. 18. 
 
 Companies. 
 
 Service of 
 process on 
 unregistered 
 company. 
 
 Publication 
 of such 
 process. 
 
 any act, matter, contract, or disposition giving to any person 
 or company a right of action in any Court in the Tterritory. 
 No. 15 of 1914, s. 170. 
 
 lYl. Any writ or summons, plaint, injunction, or other 
 legal proceeding duly issued at the instance or suit of any 
 person by the Territorial Court of the Yukon Territory, or 
 any Police Magistrate's Court, or officer of such Court, may 
 be served as against the company by delivering the same at 
 Dawson to the clerk of the Territorial Court. No. 15 of 
 1914, s. 171. 
 
 173. It shall be the duty of such clerk to cause to be inserted 
 in the four regular issues of the Gazette, consecutively, following 
 the delivery of such process to him, a notice of such process 
 with a memorandum of the date of delivery, stating generally 
 the nature of the relief sought and the time limited and the 
 place mentioned for entering an appearance. No. 15 of 1914, 
 s. 172. 
 
 When such 
 
 service 
 
 valid. 
 
 Procedure 
 on entering 
 a judgment 
 against 
 company. 
 
 173. After such advertisement shall have appeared in 
 such four issues, the delivery of such process to such clerk 
 as aforesaid shall be deemed, as against the defendant company, 
 to be good and valid service of such process. No. 15 of 1914, 
 s. 173. 
 
 174. In entering up, applying for, or obtaining a judgment 
 by default, or for the purpose of taking any proceeding con- 
 sequent or following on such service, it shall not be necessary, 
 so far as such service is concerned, to file any affidavit, but 
 the plaintiff shall, instead thereof, file a copy of each of the four 
 issues of the Gazette in which the advertisement shall have 
 appeared: Provided always that when service of process shall 
 have been effected as hereinbefore mentioned, the plaintiff 
 shall and he is hereby required to prove the amount of the 
 debt or damages claimed by him in manner following, that 
 is to say: Before a Judge of the Territorial Court or ia Police 
 Magistrate, or before the clerk, as a Judge of the said Court, 
 or Police Magistrate may direct; and the making of such 
 proof shall be a condition precedent to the plaintiff obtaining 
 judgment. No. 15 of 1914, s. 174. 
 
 173. In any action, suit, or proceeding against the company, 
 it shall not be necessary to aver in any pleading, or to adduce 
 any evidence, that the company was organized or incorporated 
 under the laws of any foreign State or jurisdiction, or that 
 the company has power under its organization or incorporation 
 to make the contract or incur the liability in respect of which 
 the action, suit, or proceeding against the company shall be 
 brought. No. 15 of 1914, s. 175. 
 
 Ordinance 176. Nothing in this Part of this Ordinance contained 
 
 remedies^^'^* shall be deemed to limit, abridge, or take away any legal right, 
 
 against recourse or remedy against a company not therein enacted of 
 companies. 
 
 Averment in 
 action 
 against 
 company. 
 
Companies. Chap. 18. 179 
 
 recognized, nor to absolve or lessen any obligation, rule, or 
 duty imposed by law on a company. No. 15 of 1914, s. 176. 
 
 PART VIII. 
 
 Public Utilities. 
 
 177. This Part of the Ordinance shall apply to all appli- Applies to 
 cations for incorporation of companies intended to operate Jta-j" 
 or control any public or municipal franchise, undertaking or companies, 
 utility, including water, gas, electric and telephone companies, 
 or which may require for its purposes the erection of any per- 
 manent structure in or upon any highway, stream or adjoining 
 navigable waters, and to such companies when incorporated. 
 No.'lSof 1914, s. 177. 
 
 17S. With the appHcation for incorporation the applicants Evidence to 
 shall file with the Registrar of joint-stock companies and pro- apS'tfon. 
 dues to the Commissioner of the Yukon Territory: 
 
 (a) Evidence that the proposed capital is sufficient to 
 carry out the objects for which the company is to be 
 incorporated; that such capital has been subscribed 
 or underwritten and that the applicants are likely to 
 command public trust and confidence in the undertaking: 
 
 (b) A detailed description of the plant, works and intended 
 operations of the company, and an estimate of their cost: 
 
 (c) A by-law of every municipality in which the operations 
 of the company are to be carried on authorizing the 
 execution thereof in the manner set out in the detailed 
 description above referred to: 
 
 (d) If the undertaking is to be carried on in an unorganized 
 district a letter from the Commissioner of the Yukon 
 Territory, approving of the undertaking: 
 
 (e) If it is proposed that the company shall acquire any 
 plant, works, land, undertaking, good will, contract 
 or other property or assets, a detailed statement of the 
 nature and value thereof. No. 15 of 1914, s. 178. 
 
 179. The Commissioner of the Yukon Territory may Reference to 
 refer the application and all statements, evidence and material otheTexperts 
 filed thereon to engineers, architects, valuators or other experts to report. 
 for consideration, investigation and report regarding the public 
 necessity for the undertaking of the company, the amount of 
 
 capital required therefor, the value of any plant, works, lands, 
 undertaking, good will, contract or other property or assets 
 to be acquired by the company and any other matter which 
 may appear to be in the public interest regarding such under- 
 taking. No. 15 of 1914, s. 179. • 
 
 180. All Letters Patent and Supplementai-y Letters Patent Letters 
 of companies to which the provisions of this Part of this Ordi- ^0*^"*^ 
 nance are made applicable and of all companies heretofore 
 incorporated for any purpose referred in section 177 shall be 
 issued on order of the Commissioner of the Yukon Territory, 
 
 70263— 12§ 
 
180 
 
 Chap. 18. 
 
 Companies. 
 
 Notice of 
 application 
 to be 
 "published. 
 
 .Supplemen- 
 tary letters. 
 
 Power to 
 
 paS3 
 
 by-laws. 
 
 By-laws to 
 be approved 
 •by Commis- 
 : aioner and 
 published. 
 
 Annual 
 report to 
 .Registrar. 
 
 Books open 
 to inspection. 
 
 Commis- 
 .sioner may 
 appoint 
 inspector. 
 
 and such Letters Patent or Supplementary Letters Patent 
 may be issued in terms and conditions different from those 
 applied for. No. 15 of 1914, s. 180. 
 
 181. Notice of the application shall be published in such 
 manner and shall be given to such persons or corporations as 
 the Commissioner of the Yukon Territory may determine. 
 No. 15 of 1914, s. 181. 
 
 182. Upon any application for Supplementary Letters 
 Patent extending the powers, increasing the capital or other- 
 wise varying any term of the Letters Patent the company shall 
 produce such evidence and statements as are referred to in 
 section 178 hereof and such other evidence and statements as 
 the Commissioner of the Yukon Territory may require, and 
 he may refer the same in the manner and for the purposes set 
 out in section 179. No. 15 of 1914, s. 182. 
 
 183. The company may pass by-laws regarding the control 
 and management of its undertaking; its dealings with the 
 public it is incorporated to serve; the fixing and collection 
 of tolls, charges, rates or levies for the public service given by 
 the company: Provided, however, that no such Tjy-laws shall 
 have any force or effect or be acted upon until approved by 
 the Commissioner of the Yukon Territory, and published two 
 times in a public newspaper at the place where the undertaking 
 of the company is carried on or as near thereto as may be, and 
 in the Gasette. No. 15 of 1914, s. 183. 
 
 184. In addition to the other returns which may be 
 required by this or any other Ordinance, the company shall 
 on or before the first day of March in each year make a report 
 to the Registrar of joint stock companies under oath of the 
 president and secretary which shall specify: 
 
 (a) The cost of work, plant and undertaking of the con- 
 
 pany: 
 (6) The amount of its capital, and the amount paid thereon: 
 
 (c) The amount received during the year from tolls, levies, 
 rates and charges and all other sources, stating each 
 separately : 
 
 (d) The amount and rate of dividends paid: 
 
 (e) The amount expended for repairs; and 
 
 (/) A detailed description of any extension or improve- 
 ment of the works or of any new works proposed to be 
 undertaken in the current year, together with an estimate 
 of the cost thereof. No. 15 of 1914, s. 183. 
 
 185. The books of account of the company shall be at all 
 reasonable times open to the inspection and examination of 
 any shareholder. No. 15 of 1914, s. 185. 
 
 186. The Commissioner of the Yukon Territory, should 
 he have any doubts as to the correctness or truth of any state- 
 ments furnished by the company, may appoint a person to 
 
Companies. Chap. 18. 181 
 
 inspect and examine such books, and every person so appointed 
 may take copies or extracts from the same, and may require 
 and receive from the keeper of such books, and also from the 
 president and each of the directors of the company, and all 
 other officers and servants thereof, all such information as to 
 such books and the affairs of the company generally, as the 
 person so appointed deems necessary for the full and satisfactory 
 mvestigation into and report upon the state of affairs of the 
 company, so as to enable him to ascertain the correctness of 
 statements furnished by the company. No. 15 of 1914, s. 186. 
 
 187. The Commissioner of the Yukon Territory may, by Term of 
 Supplementary Letters Patent, extend the term of existence company's 
 of any company incorporated for a limited period under this Zf^hf 
 Ordinance, for such further period as by Order in Council extended. 
 made previous to the expiry of such period, he may direct, and 
 
 the provisions of this Ordinance, having regard to the expiration 
 of the term of existence of a company, shall thereupon apply 
 to such term as so extended. No. 15 of 1914, s. 187. 
 
 188. A company incorporated for any of the purposes to Erection of 
 which this Part of the Ordinance applies shall respectively ^°^'^'^^ 
 have full power to construct, maintain, complete and operate 
 
 works and apparatus for the production, sale and distribution 
 of gas, water, electricity or other products for the purpose of 
 light, heat or power or of operating a system of telephones, 
 or for such other purpose as the company may be incorporated 
 for, 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 agreement in res- coStracr 
 pect 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 municipality may, by agreement ratified 
 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 distribu- 
 tion thereof for any number of years not in the first instance Exemption 
 exceeding ten years, and renew any such contract from time to taxation. 
 time for such period not exceeding ten years as such council 
 desires. In the case of streets, highways and public places 
 not within the limits of any municipahty, the right of any such ^he^roads 
 * gas, water, electric or telephone company to make use of such not within''a 
 streets, highways or public places to the extent indicated in municipality, 
 this Ordinance, shall be subject to such terms as may be imposed 
 by the Commissioner upon application first made by such 
 company. No. 15 of 1914, s. 188. 
 
 189. Every such company may sell and dispose of gas meters Powers of 
 and gas, water and electric fittings of every description for the oompanios. 
 use of private and public houses or for any establishment, 
 company or corporation whatsoever, as well as coke, coal, tar, 
 
 and all and every the products of their works, refuse or residuum 
 arising to be obtained from the materials used or necessary 
 
182 
 
 Chap. 18. 
 
 Companies. 
 
 Laying 
 mains and 
 wires on 
 streets. 
 
 Company's 
 rights 
 regarding 
 mains and 
 
 Supplying 
 
 parts of 
 
 buildings 
 
 having 
 
 different 
 
 owners or 
 
 tenants. 
 
 Breaking up 
 
 passages, 
 
 etc. 
 
 for the manufacture of gas or electricity; 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. No. 15 of 1914, s. 189. 
 
 190. Any such company may break up, dig and trench 
 and use so much and so many of the streets, squares, highways, 
 lanes and public places of the locality for supplying which with 
 gas, water, electricity, or other product or service 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 electricity or 
 other product and to supply such services from the works of 
 and by the company to and for 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 uninterrupted passage 
 through the said streets, squares, highways, lanes and public 
 places while the works are in progress. No. 15 of 1914, s. 190. 
 
 191. When any such company has laid down mains, pipes, 
 wires or conductors for the supply of gas, water or electricity 
 through any of the streets, squares or public places of any localitj'' 
 no other person or persons, bodies politic or corporate shall 
 without the consent of such company first had and obtained nor 
 otherwise than on payment to such company of such compensa- 
 tion as may be agreed upon, or in default of agreement being 
 arrived at, settled by arbitration as hereinafter provided, lay 
 down any pipe, wire or conductor for the supply of gas, water 
 or electricity within six feet of such company's main pipes, 
 wires or conductors or if it be impracticable to cut drains for 
 such other main pipes, wires or conductors at a greater distance 
 then as nearly six feet as the circumstances of the case will 
 admit. This section shall apply to mains, pipes, wires or 
 conductors crossing as well as running or parallel with other 
 mains, pipes, wires or conductors. No. 15 of 1914, s. 191. 
 
 193. When there are buildings within the locality the 
 different parts whereof belong to different proprietors or are 
 in possession of different tenants or lessees the company may carry 
 pipes, wires or conductors to any part of any building so situate 
 passing over the property of one or more proprietors 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 conductors shall be carried up 
 and attached to the outside of the building. No. 15 of 1914, 
 s. 192. 
 
 193. The company may also break up and uplift all passages 
 common to neighbouring proprietors or tenants and dig 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. No. 15 of 1914, s. 193. 
 
Companies. Chap. 18. 183 
 
 194. Every company shall make satisfaction to the owners Compen- 
 or proprietors of buildings or other property or to the public for nation. 
 all damages by them sustained in or by the execution 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 hfereby granted. 
 
 2. Every • person claiming compensation from the company Procedure. 
 under this section shall proceed by originating summons. 
 No. 15 of 1914, s. 194. 
 
 195. Every such company shall construct, locate and operate Location of 
 their gas works, water works or electric or telephone system ^"^ ^' 
 and all apparatus and appurtenances thereto belonging or 
 appertaining or therewith connected and wheresoever situated 
 
 so as not to endanger the public health or safety. No. 15 of 
 1914, s. 195. 
 
 196. Nothing contained in this Ordinance shall authorize Limitation 
 any such company or any person acting under the authority of complny. ° 
 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, plantation, 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. No. 15 
 of 1914, s. 196. 
 
 197. Nothing in this Ordinance shall authorize any company S^'dthlf 
 established under it to interfere with or infringe upon any companies. 
 exclusive privilege granted to any other company. No. 15 of 
 
 1914, s. 197. 
 
 198. Nothing in this Ordinance contained shall prevent any Jfg^'j'^'^"'^^ 
 person from constructing any works for the supply of gas, water, 
 electricity or telephones to his own premises, but no person 
 supplying electricity, water or telephone to any other premises 
 
 than his own shall be subject to the pro-visions of this Part 
 and shall pay the license or fee at any time imposed on any 
 other company or person supplying similar utilities in the same 
 city, town or district. No. 15 of 1914, s. 198. 
 
 199. Neither the service nor the connecting pipes, wires or ^l^f^'^^^^ 
 conductors of the company, nor any meters, lustres, lamps, ^nd seizure, 
 pipes, gas fittings, electric fittings, or any other property ot 
 
 any kind whatsoever of the company shall be subject to or 
 liable for rent nor liable to be seized or attached 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 supplied by the company notwith- 
 standing the actual or apparent possession thereof by such person. 
 No. 15 of 1914, s. 199. 
 
184 
 
 Chap. 18. 
 
 Companies. 
 
 Nonpayment 
 of rates, etc. 
 
 300. If any person supplied by the company with gas, water, 
 electricity or other product, telephone or other service neglects 
 to pay the rent, rate or charge due to the company at any of 
 the times fixed for the payment thereof the company or any one 
 acting under its authority on giving forty-eight hours' previous 
 notice to the person supplied may stop the supply of gas, water, 
 electricity or other product from entering or being supplied, 
 and may cut off such telephone or other service to the premises 
 of and to 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 expense of 
 cutting off the gas, water, electricity or other product or service 
 as the case may be, in any competent court notwithstanding any 
 contract to furnish for a longer time. No. 15 of 1914, s. 200. 
 
 Entry of 
 premises by 
 employees 
 of company. 
 
 301. In all cases where the company may lawfully cut off 
 and take away the supply of gas, water, electricity or other 
 product or service from any house, building or premises the 
 company, their agents 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 
 afternoon, making as little disturbance and inconvenience as 
 possible and may remove and take away any pipe, meter, cock,' 
 branch, lamp, fitting, telephone or other 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, electricity or other product or 
 service as aforesaid have been taken or supplied for the purpose 
 of repairing and making good any such house, building or 
 premises or for the purpose of examining anj- meter, pipe, appar- 
 atus or fitting belonging to the company or used for their gas, 
 water, electricity or other product or service, and if any person 
 refuses to permit or does not permit the servants and oflJcers 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. No. 15 of 
 1914, s. 201. 
 
 Removal of 
 fittings, etc., 
 where 
 service 
 discontinued. 
 
 303. Where any customer discontinues the use of the gas, 
 or other means of lighting or heating, or water, electricity or 
 power or other, product or service furnished or supplied by a 
 company incorporated under this Ordinance and subject to 
 the provisions of this Part, or the company lawfully refuses 
 to continue any longer to supply the same, the officers 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, water, electricity, 
 power or other product or service for the purpose of removing 
 therefrom any fittings, machines, apparatus, meters, pipes. 
 
Companies. Chap. 18. 185 
 
 wires, conductors, telephones or other things, being the pro- 
 perty of the company, in or upon such premises and may remove 
 the same therefrom, doing no unnecessary damage. No. 15 of 
 1914, s. 202. 
 
 303. If it is found necessary or deemed proper to conduct Expropri- 
 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 locaUty for supplying which 
 the company is incorporated and the consent of such person 
 cannot be obtained for that purpose the company may take 
 or use the land required and nominate and appoint a dis- 
 interested person and the owner or owners of the land taken or 
 damaged may _ nominate and appoint another, which two 
 persons so appointed shall nominate and appoint a third person 
 and the said three persons shall act as arbitrators in the matter ^^ariJitrT"* 
 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 196 of this Ordinance. No. 15 of 1914, s. 203. 
 
 204. The said arbitrators shall examine all witnesses and Powers and 
 administer all necessary oaths or declarations to them and the frbit?ators. 
 said arbitrators or a majority of them shall award, determine 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. No. 15 of 1914, s. 204. 
 
 205. The sum or sums of liioney so awarded shall be paid Payment of 
 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. No. 15 of 1914, s. 205. 
 
 206. In the event of the company or the owner of such Failure to 
 property failing to appoint an arbitrator after eight days' arbitrator. 
 notice from one of the said parties to the other or of the said two 
 arbitrators failing to appoint a third, a Judge of the Territorial 
 
 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. No. 15 of 1914, s. 206. 
 
 206A. All companies having the privileges conferred by Company 
 this Part of the Ordinance shall supply the utility controlled «i^^'i ^"ppI^- 
 by them to all persons within the area covered by the privilege 
 except in such cases where the company may lawfully refuse to 
 supply such utility. No. 15 of 1914, s. 206A. 
 
 207. This part of the Ordinance in so far as the same may Applies to 
 be applicable shall apply to any company heretofore incorpor- heretofore 
 ated under any general or special Ordinance for any of the incorporated. 
 purposes referred to in section 177. No. 15 of 1914, s. 207. 
 
186 
 
 Modes of 
 winding-up. 
 
 Ohap. 18. Companies. 
 
 PART IX. 
 
 Winding-up. 
 
 Preliminary. 
 
 208. (1.) The winding-up of a company may be either — 
 (a) By the Court; or 
 (&) Voluntary; or 
 (c) Subject to the supervision of the Court. 
 
 2. The provisions of this Ordinance with respect to winding- 
 up apply, unless the contrary appears, to the winding-up of a 
 company in any of those modes. 
 
 3. The following sectioas of this Part shall apply to the 
 winding-up of all companies or associations incorporated by or 
 under the authority of the Council, except those companies or 
 associations wound up on the ground of the bankruptcy or 
 insolvencv of such company or association. No. 15 of 1914, 
 s. 208. 
 
 Conirihutories. 
 
 Liability as 209. In the event of a company being wound up, every 
 torie"o"" present and past member shall, subject to the proAdsions 
 present and of this scctiou, be liable to contribute to the assets of the com- 
 f^^* b 'i pany to an amount sufficient for payment of its debts and 
 liabilities and the costs, charges, and expenses of the winding-up, 
 and for the adjustment of the rights of the contributories among 
 themselves, with the qualifications following, that is to say: — 
 (a) A past member shall not be liable to contribute if he 
 has ceased to be a member for one year or upwards 
 before the commencement of the winding-up: 
 ih) A past member shall not be liable to contribute in 
 respect of any debt or liability of the company contracted 
 after he ceased to be a member: 
 (c) A past member shall not be liable to contribute unless 
 it appears to the Court that the existing members are 
 unable to satisfy the contributions required to be made 
 by them in pursuance of this Ordinance: 
 {d) In the case of a company limited by shares, no contri- 
 bution shall be required from any member exceeding the 
 amount (if any) unpaid on the shares in respect of which 
 he is liable as a present or past member: 
 (e) In the case of a company limited by guarantee, no contri- 
 bution shall be required from any member exceeding the 
 amount undertaken to be contributed by him to the 
 assets of the company in the event of its being wound up : 
 (/) A sum due to any member of a company, in his cha- 
 racter of a member, by way of dividends, profits, or 
 otherwise, shall not be deemed to be a debt of the com- 
 pany, payable to that member in a case of competition 
 between himself and any other creditor not a member 
 of the company; but any such sum may be taken into 
 
Companies. Chap. 18. 187 
 
 account for the purpose of the final adjustment of the 
 rights of the contributories among themselves. 
 
 2. In the winding-up of a limited company, any director or 
 manager, whether past or present, whose liability is, in pur- 
 suance of this Ordinance, unlimited, shall, in addition to his 
 liabihty (if any) to contribute as an ordinary member, be liable 
 to make a further contribution as if he were, at the commence- 
 ment of the winding-up, a member of an unlimited company: 
 Provided that— 
 
 (a) A past director or manager shall not be liable to make 
 such further contribution if he has ceased to hold office 
 for a year or upwards before the commencement of the 
 winding-up : 
 
 (6) A past director or manager shall not be liable to make 
 such further contribution in respect of any debt or liabil- 
 ity of the company contracted after he ceased to hold 
 office: 
 
 (c) Subject to the articles of the company, a director or 
 manager shall not be liable to make such further contri- 
 bution unless the Court deems it necessary to require 
 that contribution in order to satisfy the debts and liabil- 
 ities of the company, and the costs, charges, and expenses 
 of the winding-up. 
 
 3. In the winding-up of a company limited by guarantee 
 which has a share capital, every member of the company shall be 
 liable, in addition to the amount undertaken to be contributed 
 by him to the assets of the company in the event of its being 
 wound up, to contribute to the extent of any sums unpaid on 
 any shares held by him. No. 15 of 1914, s. 209. 
 
 310. The term " contributory " means every person liable Defiuitionof 
 to contribute to the assets of a company in the event of its <=ont'''''«*o'"y- 
 being wound up, and, in all proceedings for determining and in 
 
 all proceedings prior to the final determination of the persons 
 who are to be deemed contributories, includes any person alleged 
 to be a contributory. No. 15 of 1914, s. 210. 
 
 311. The liability of a contributory shall create a debt, of Nature of 
 the nature of a specialty, accruing due from him at the time c'o^tributory- 
 when his liability commenced, but payable at the times when 
 
 calls are made for enforcing the liability. No. 15 of 1914, s. 211. 
 
 313. 1. If a contributory dies either before or after he has Contribu- 
 been placed on the list of contributories, his personal represent- case^f" 
 atives and his heirs and devisees shall be liable in a due course death of 
 of administration to contribute to the assets of the company in ™'""°^''- 
 discharge of his liability, and shall be contributories accordingly. 
 
 2. Where the personal representatives are placed on the list 
 of contributories, the heirs or devisees need not be added, but 
 they may be added as and when the Court thinks fit. 
 
 3. If the personal representatives make default in paying 
 any money ordered to be paid by them, proceedings may be 
 taken for administering the personal and real estates of the 
 
188 
 
 Chap. 18. 
 
 Companies. 
 
 Application 
 of Part. 
 
 Circum- 
 stances in 
 which com- 
 pagy may 
 be wound up 
 by Court. 
 
 Provisions as 
 to applica- 
 tions for 
 winding-up. 
 
 deceased contributory, or either of them, and of compelling^ 
 payment thereout of the money due. No. 15 of 1914, s. 212. 
 
 Winding-up by Court, 
 
 SI 3. The following sections of this Part shall apply to the 
 winding-up of all companies or associations incorporated by or 
 under the authority of the Council, except those companies or 
 associations wound up on the ground of the bankruptcy or 
 insolvency of such company or association. No. 15 of 1914, 
 s. 213. 
 
 214. A company may be wound up by the Court — 
 
 (a) If the company has by special resolution resolved that 
 
 the company be wound up by the Court: 
 (&) If default is made in filing the statutory report or in 
 
 holding the statutory meeting: 
 
 (c) If the company does not commence its business within 
 a year from its incorporation, or suspends its business 
 for a whole year: 
 
 (d) If the number of members is reduced, in the case of a 
 private company, below two, or in the case of any com- 
 pany registered prior to this Ordinance, below three, or, 
 in the case of any other company, below five: 
 
 (e) If the Court is of opinion that it is just and equitable 
 that the company should be wound up. No. 15 of 1914, 
 s. 214. 
 
 313. 1. An application to the Court for the winding-up 
 of a company shall be by petition, presented subject to the 
 provisions of this section either by the company, or by any 
 contributory or contributories, or either of those parties, to- 
 gether or separately: Provided that — 
 
 (a) A contributory shall not be entitled to present a petition 
 for winding up a company unless — 
 
 (1.) Either the number of members is reduced, in the 
 case of a private company, below two, or, in the case of 
 any other company, below five; or 
 
 (2.) The shares in respect of which he is a contributory, 
 or some of them, either were originally allotted to him 
 or have been held by him and registered in his name for 
 at least six months during the eighteen months before 
 the commencement of the winding-up, or have devolved 
 on him through the death of a former holder; and 
 (6) A petition for winding-up a company on the ground of 
 default in filing the statutory report or in holding the 
 statutory meeting shall not be presented by any person 
 except a shareholder, nor before the expiration of four- 
 teen days after the last day on which the meeting ought 
 to have been held. 
 2. Where a company is being wound up voluntarily or 
 subject to supervision, a petition may be presented by the liquid- 
 ator, as well as by any other person authorized in that behalf 
 under the other provisions of this section, but the Court shall 
 
Companies. Chap. 18. 189 
 
 not make a winding-up order on the petition unless it is satisfied 
 that the voluntary winding-up or winding-up subject to super- 
 vision cannot be continued with due regard to the interests of 
 the creditors or contributories. No. 15 of 1914, s. 215. 
 
 316. An order for winding-up a company shall operate in Effect of 
 ivour of all the creditors and of '" " 
 company. No. 15 of 1914, s. 216. 
 
 favour of all the creditors and of all the contributories of the ordcr"^""'' 
 
 21 Y. A winding-up of a company by the Court shall be ^°„t'of '"^'^ 
 ■deemed to commence at the time of the presentation of the winding-up 
 petition for the winding-up. No. 15 of 1914, s. 217. by Court. 
 
 31$. At any time after the presentation of a petition for Power to 
 winding-up, and before a winding-up order has been made, the restoin 
 •company, or any contributory, may — proceedings 
 
 (a) Where any action or proceeding against the company gf^'^any. 
 is pending in the Territorial Court or Court of Appeal of 
 British Columbia, apply to the Court in which the action 
 
 or proceeding is pending for a stay of proceedings therein; 
 and 
 
 (b) Where any other action or proceeding is pending against 
 the company, apply to the Court having jurisdiction to 
 wind up the company to restrain further proceedings in 
 the action or proceeding; 
 
 and the Court to which application is so made may, as the case 
 may be, stay or restrain the proceedings accordingly on such 
 terms as it thinks fit. No. 15 of 1914, s. 218. 
 
 319. 1. On hearing the petition the Court may dismiss it Powers of 
 with or without costs, or adjourn the hearing conditionally or J^e°a"rhig°" 
 unconditionally, or make any interim order, or any other order petition. 
 that it deems just, but the Court shall not refuse to make a 
 ■winding-up order on the ground only that the assets of the 
 ■company have been mortgaged to an amount equal to or in ^ 
 ■excess of those assets, or that the company has no assets. 
 ^2.|Where the petition is presented on the ground of default 
 in filing the statutory report or in holding the statutory meetmg 
 the Court may order the costs to be paid by any persons who, m 
 the opinion of the Court, are responsible for the default. No. 
 15 of 1914, s. 219. 
 
 W 330. When a winding-up order has been made, no action Actions ^^ 
 or proceeding shall be proceeded with or commenced against the ^?Si„g°up 
 company except -by leave of the Court, and subject to such order, 
 terms as the Court may impose. No. 15 of 1914, s. 220. 
 
 331. On the making of a winding-up order, a copy of the ^°py^°l^^^ 
 order must forthwith be forwarded by the company to the forwarded to 
 Registrar, who shall make a minute thereof in his books relatmg Registrar. 
 to the company. No. 15 of 1914, s. 221. 
 
190 
 
 Power of- 
 Court to stay 
 winding-up. 
 
 Chap. 18. 
 
 Companies. 
 
 333. The Court may at any time after an order for winding- 
 up, and on proof to the satisfaction of the Court that all pro- 
 ceedings in relation to the winding-up ought to be ^ayed, make 
 an order staying the proceedings, either altogether or for a 
 limited time, on such terms and conditions as the Court thinks 
 fit. No. 15 of 1914, s. 222. 
 
 Court may 
 have regard 
 to wishes of 
 creditors 
 or contribu- 
 tcries. 
 
 Appointment, 
 remunera- 
 tion, and 
 title of > 
 liquidators. 
 
 333. The Court may, as to all matters relating to a winding 
 up, have regard to the wishes of the creditors or contributories 
 as proved to it by any sufficient evidence. No. 15 of 1914, s. 223. 
 
 Liquidators. 
 
 334. 1. For the purpose of conducting the proceedings 
 in winding up a company and performing such duties in refer- 
 ence thereto as the Court may impose, the Court may appoint 
 a liquidator or liquidators. 
 
 2. The Court may make such an appointment provisionally 
 at any time after the presentation of a petition and before 
 the making of an order for winding up: 
 
 (a) If a provisional liquidator is appointed before the 
 making of a winding-up order, any fit person may be 
 appointed : 
 
 (6) Such provisional liquidator shall promptly give notice 
 of his appointment to the Registrar and give security 
 in such amount as the Court may direct, to the' satis- 
 faction of the Clerk of the Court: 
 
 (c) When any person other than the provisional liqui- 
 dator is afterwards appointed liquidator, he shall not 
 be capable of acting as liquidator until he has notified 
 his appointment to the Registrar and given security, 
 in the prescribed manner to the satisfaction of the Clerk 
 of the Court. 
 
 3. If more than one liquidator is appointed by the Court, 
 the Court shall declare whether any act by this Ordinance 
 required or authorized to be done by the liquidator is to be 
 done by all or any one or more of the persons appointed. 
 
 4. A liquidator appointed by the Court may resign or, 
 on cause shown, be removed by the Court. 
 
 5. A vacancy in the office of a liquidator appointed by 
 the Court shall be filled by the Court. 
 
 6. The liquidator shall receive such salary or remuneration 
 by way of percentage or otherwise as the Court may direct;: 
 and, if more such persons than one are appointed liquidators, 
 their remuneration shall be distributed among them in such 
 proportions as the Court directs. _ ; 
 
 7. A liquidator shall be described by the style of the liqui- 
 dator of the particular company in respect of which he is appoiot- 
 ed, and not by his individual name. 
 
 8. The acts of a liquidator shall be valid notwithstanding 
 any defects that may afterwards be discovered in his appoint- 
 ment or qualification. No. 15 of 1914, s. 224. 
 
Companies. Chap. 18. 191 
 
 v,^w.^i* ^- ^"^ ^ winding-up by the Court the liquidator Custody of 
 Shall take into his custody, or under his control, all the property "ompany's 
 and things in action to which the company is or appears to be p™"®'*^' 
 entitled. 
 
 2. In a winding-up by the Court, if and so long as there 
 is no liquidator, all the property of the company shall be deemed 
 to be in the custody of the Court. No. 15 of 1914, s. 225. 
 
 u^i^?* ^' '^^^ liquidator in a winding-up by the Court Powers of 
 shall have power, with the sanction either of the Court or liquidator. 
 of the committee of inspection (if any), — 
 
 (a) To bring or defend any action or other legal- proceeding 
 m the name and on behalf of the company: 
 
 (b) To carry on the business of the company, so far as 
 may be necessary for the beneficial winding up thereof: 
 
 (c) To_ employ a solicitor or other agent to take any pro- 
 ceedings or do any business which the liquidator is 
 unable to take or do himself; but the sanction in this 
 case must be obtained before the employment, except 
 in cases of urgency, and in those cases it must be shown 
 that no undue delay took place in obtaining the sanction. 
 
 2. The liquidator in a winding-up by the Court shall have 
 power — 
 
 (o) To sell the real and personal property and things 
 in action of the company by public auction or private 
 contract, with power to transfer the whole thereof to 
 any person or company, or to sell the same in parcels: 
 
 (b) To do all acts and to execute, in the name and on 
 behalf of the company, all deeds, receipts, and other 
 documents, and for that purpose to use, when necessary, 
 the company's seal: 
 
 (c) To prove, rank, and claim in the distribution of the 
 estate of any contributory, for any balance against 
 his estate, and to receive dividends in such distribution 
 in respect of that balance, as a separate debt due from 
 the estate of the contributory, and ratably with the 
 other separate creditors : 
 
 (d) To draw, accept, make, and indorse any bill of exchange 
 or promissory note in the name and on behalf of the 
 company, with the same effect with respect to the liability 
 of the company as if the bill or note had been drawn, 
 accepted, made, or indorsed by or on behalf of the com- 
 pany in the course of its business: 
 
 (e) To raise on the security of the assets of the company 
 any money requisite : 
 
 (/) To take out in his official name letters of administra- 
 tion to any deceased contributory, and to do in his 
 official name any other act necessary for obtaining 
 payment of any money due from a contributory or 
 his estate which cannot be conveniently done in the 
 name of the company; and in all such cases the money 
 due shall, for the purpose of enabling the liquidator 
 to take out the letters of administration or recover the 
 money, be deemed to be due to the liquidator himself: 
 
192 
 
 Chap. 18. 
 
 Companies. 
 
 Meetings of 
 oreditors and 
 contribu- 
 tories in 
 •winding-up. 
 
 Payments of 
 liquidator in 
 winding-up 
 into bank. 
 
 Audit of 
 liquidator's 
 accounts in 
 ■winding-up. 
 
 (g) To do all such other things as may be necessary for 
 winding up the affairs of the company and distributing 
 its assets. 
 
 3. The exercise by the liquidator of the powers conferred 
 by this section shall be subject to the control of the Court, 
 and any creditor or contributory may apply to the Court with 
 respect to any exercise or proposed exercise of any of those 
 powers. 
 
 4. Where a liqiidator is provisionally appointed by the 
 Court, the Court may limit and restrict his powers by the 
 order appointing him. No. 15 of 1914, s. 226. 
 
 22'7. 1. When a winding-up order has been made by 
 the Court, the liquidator shall summon separate meetings 
 of the creditors and contributories of the company for the 
 purpose of — 
 
 (a) Determining whether or not an application is to be 
 made to the Court for the appointment of a committee 
 of inspection to act with the liquidator, and who are 
 to be the members of the committee if appointed. 
 2. The Court may make an appointment and order re- 
 quired to give effect to any such determination, and, if there 
 is a difference between the determinations of the meetings 
 of the creditors and contributories in respect of any of the 
 matters mentioned in the foregoing provisions of this section, 
 the Court shall decide the difference and make such order 
 thereon as the Court may think fit. No. 15 of 1914, s. 227. 
 
 228. 1. Every liquidator of a company which is being 
 wound up by the Court shall, in such manner and at such times 
 as the Court may direct, pay the money received by him into 
 some chartered bank. 
 
 2. If any such liquidator at any time retains for more than 
 ten days a sum exceeding two hundred and fifty dollars, 
 or such other amount as the Court in any particular case author- 
 izes him to retain, then, unless he explains the retention to the 
 satisfaction of the Court, he shall pay interest on the amount 
 so retained in excess at the lawful rate per annum, and shall 
 be liable to disallowance of all or such part of his remunera- 
 tion as the Court may think just, and to be removed from his 
 office by the Court, and shall pay any expenses occasioned 
 by reason of his default. 
 
 3. A liquidator of a company which is being wound up 
 by the Court shall not pay any sums received by him as liqui- 
 dator into his private banking account. No. 15 of 1914, s. 228. 
 
 229. 1. Every hquidator of a company which is being 
 wound up by the Court shall, at such times as may be pre- 
 scribed, but not less than twice in each year during his tenure 
 of office, send to the Clerk of the Court an account of his receipts 
 and payments as liquidator. 
 
 2. The account shall be in a prescribed form, shall be 
 made in duplicate, and shall be verified by a statutory decla- 
 ration in the prescribed form. 
 
Companies. Chap. 18. 193 
 
 3. The Court shall cause the account to be audited, and 
 for the purpose of the audit the liquidator shall furnish the 
 auditor with such vouchers and information as he may require, 
 and the auditor may at any time require the production of and 
 inspect any books or accounts kept by the liquidator. 
 
 4. When the account has been audited, one copy thereof 
 shall be filed with the Court, and such copy shall be open to 
 the inspection of any creditor, or of any person interested. 
 
 5. The auditor shall cause the account when audited or 
 a summary thereof to be printed, and shall send a printed 
 copy of the account or summary by post to every creditor and 
 contributory. No. 15 of 1914, s. 229. 
 
 330. Every liquidator of a company which is being wound Books to be 
 up by the Court shall keep, in manner prescribed, proper books ^'^p*]'^ ■ 
 in which he shall cause to be made entries or minutes of pro- wmding-uy^ 
 ceedings at meetings, and of such other matters as may be 
 prescribed and any creditor or contributory may, subject 
 to the control of the Court, personally or by his agent inspect 
 any such books. No. 15 of 1914, s. 230. 
 
 3 SI. When a liquidator of a company which is being Release of 
 wound up by the Court has realized all the property of the ^"^"^ ^ °'^^' 
 company, or so much thereof as can, in his opinion, be realized 
 without needlessly protracting the liquidation, and has dis- 
 tributed a final dividend (if any) to the creditors and adjusted 
 the rights of the contributories among themselves, and made a 
 final return (if any) to the contributories, or has resigned, or has 
 been removed from his office, the Court shall, on his applica- 
 tion, cause a report on his accounts to be prepared, and, on 
 his complying with all the requirements of this Ordinance, 
 shall take into consideration the report, and any objection 
 which may be urged by any creditor, or contributory, or person 
 interested against the release of the liquidator, and shall either 
 grant or withhold the release accordingly. 
 
 2. Where the release of a liquidator is withheld, the Court 
 may, on the application of any creditor or contributory, _ or 
 person interested, make such order as it thinks just, charging 
 the liquidator with the consequences of any act or default 
 which he may have done or made contrary to his duty. 
 
 3. An order of the Court releasing the liquidator shall 
 discharge him from all liability in respect of any act done 
 or default made by him in the administration of the affairs 
 of the company, or otherwise in relation to his conduct as 
 liquidator, but any such order may be revoked on proof that 
 it was obtained by fraud or by suppression or concealment 
 of any material fact, or may be reversed on appeal to the Court 
 of Appeal of British Columbia. 
 
 4. Where the liquidator has not previously resigned or 
 been removed, his release shall operate as a removal of him 
 from his office. No. 15 of 1914, s. 231. 
 
 S32. Subject to the provisions of this Ordinance, the ^„X<!rof"'^ 
 liquidator of a company which is being wound up by the Court liquidator's 
 70263—13 P"^"""'- 
 
194 
 
 Chap. 18. 
 
 Companies. 
 
 shall, in the administration of the assets of the company and 
 in the distribution thereof among- its creditors, have regard 
 to any directions that may be given by resolution of the creditors 
 or contributories at any general meeting, or by the committee 
 of inspection; and any directions given by the creditors or 
 contributories at any general meeting shall, in case of conflict, 
 be deemed to override any directions given by the committee 
 of inspection. 
 
 2. The liquidator may summon general meetings of the 
 creditors or contributories for the purpose of ascertaining 
 their wishes, and it shall be his duty to summon meetings at 
 such times as the creditors or contributories, by resolution, 
 either at the meeting appointing the liquidator or otherwise, 
 may direct, or whenever requested in writing to do so by one- 
 tenth in value of the creditors or contributories, as the case 
 may be. 
 
 3. The liquidator may apply to the Court in maimer 
 prescribed for directions in relation to any particular matter 
 arising under the winding-up. 
 
 4. Subject to the provisions of this Ordinance, the liquidator 
 shall use his own discretion in the management of the estate 
 and its distribution among the creditors. 
 
 5. If any person is aggrieved by any act or decision of the 
 liquidator, that person may apply to the Court, and the Court 
 may confirm, reverse, or modify the act or decision complained 
 of, and make such order in the premises as it thinks just. No. 15 
 of 1914, s. 232. 
 
 233. The Court shall take cognizance of the conduct 
 of liquidators of companies which are being wound up by the 
 Court, and, if a liquidator does not faithfully perform his 
 duties and duly observe all the requirements imposed on him 
 by Ordinance, rules, or otherwise with respect to the perform- 
 ance of his duties, or if any complaint is made to the Court 
 by any creditor or contributory in regard thereto, the Court 
 shall inquire into the matter, and take such action thereon 
 as it may be deemed expedient. 
 
 2. The Court maj' at any time require any liquidator of a 
 company which is being wound up by the Court to answer 
 any inquiry in relation to any winding-up in which he is engaged, 
 and may, if thought fit, order his examination on oath before 
 the Clerk of the Court or any special examiner appointed by 
 the Court concerning the winding-up. 
 
 3. The Court may also direct a local investigation to be 
 made of the books and vouchers of the liquidator. No. 15 
 of 1914, s. 233. 
 
 Committee of Inspection, Special Manager, Receiver. 
 
 Committee 334. A committee of inspection appointed in pursu- 
 inwmding-up ^'^'^^ °^ ^^^^ Ordinance shall consist of creditors and contribu- 
 tories of the company or persons holding general powers of 
 attorney from creditors or contributories in such proportions 
 as may be agreed on by the meetings of creditors and con- 
 
 Control of 
 
 Court over 
 liquidators. 
 
Com'panies. Chap. 18. 195 
 
 tributories, or as, in case of difference, may be determined by the 
 Court. 
 
 2. The committee shall meet at such times as they from 
 • time to time appoint, and, failing such appointment, at least 
 
 once a month; and the liquidator or any member of the com- 
 mittee may also call a meeting of the committee as and when 
 he thinks necessary. 
 
 3. The committee may act by a majority of their members 
 present at a meeting, but shall not act unless a majority of the 
 committee are present. 
 
 4. Any member of the committee may resign by notice in 
 writing signed by him and delivered to the liquidator. 
 
 5. If a member of the committee becomes insolvent, 
 compounds or arranges with his creditors, or is absent from 
 five consecutive meetings of the committee without the leave 
 of those members who together with himself represent the 
 creditors or contributories, as the case. may be, his office shall 
 thereupon become vacant. 
 
 6. Any member of the committee may be removed by an 
 ordinary resolution at a meeting of creditors (if he represents 
 creditors) or of contributories (if he represents contributories), 
 of which seven days' notice has been given, stating the object 
 of the meeting. 
 
 7. On a vacancy occurring in the committee the liquidator 
 shall forthwith summon a meeting of creditors or of contribu- 
 tories, as the case may require, to fill the vaca.ncy, and the 
 meeting may, by resolution, reappoint the same or appoint 
 another creditor or contributory to fill the vacanc3^ 
 
 8. The continuing members of the committee, if not less 
 than two, may act notwithstanding any vacancy in the 
 committee. 
 
 9. If there is no committee of inspection, any act or thing 
 or any direction or permission by this Ordinance authorized or 
 required to be done or given by the committee maj^^ be done 
 or given by the Court on the application of the liquidator. 
 No. 15 of 1914, s. 234. 
 
 235. The liquidator of a company, whether provision- Power to 
 ally or otherwise, may, if satisfied that the nature of the estate ^^1°^^ 
 or business of the company, or the interests of the creditors or manager. 
 contributories generally, require the appointment of a special 
 manager of the estate or business of the company other than 
 himself, apply to the Court to, and the Court may on such 
 application, appoint a special manager thereof to act during 
 such time as the Court may direct, with such powers, including 
 any of the powers of a receiver or manager, as may be intrusted 
 to him by the Court. 
 
 2. The special manager shall give such security and account 
 in such manner as the Court may direct: 
 
 3. And shall receive such remuneration as may be fixed 
 by the Court. No. 15 of 1914, s. 235. 
 
 70263—131 
 
196 
 
 Chap. 18. 
 
 Companies. 
 
 Settlement 
 of list of 
 contrlbu- 
 toriea and 
 application 
 of assets. 
 
 Ordinary Powers of Court. 
 
 330. As soon as may be after making a winding-up 
 order, the Court shall settle a list of contributories, with power 
 to rectify the register of members in all cases where rectification 
 is required in pursuance of this Ordinance, and shall cause 
 the assets oi the company to be collected and applied in discharge 
 of its liabilities. 
 
 2. In settling the list of contributories, the Court shall 
 distinguish between persons who are contributories in their 
 own right and persons who are contributories as being repre- 
 sentatives of or liable to the debts of others. No. 15 of 1914, 
 s. 236. 
 
 Power to 
 require 
 delivery of 
 property. 
 
 237. The Court may, at any time after making a winding-up 
 order, require any contributory for the time being settled on 
 the list of contributories, and any trustee, receiver, banker, 
 agent, or officer of the company, to pay, deliver, convey, sur- 
 render, or transfer forthwith, or within such times as the Court 
 directs, to the liquidator any money, property, or books and 
 papers in his hands to which the company is prima fade 
 entitled. No. 15 of 1914, s. 237. 
 
 Power to 
 order pay- 
 ment of 
 debts by 
 contributory. 
 
 33$. The Court may, at any time after making a 
 winding-up order, make an order on any contributory for the 
 time being settled on the list of contributories to pay, in manner 
 directed by the order, any money due from him or from the 
 estate of the person whom he represents to the company, exclu- 
 sive of any money payable by him or the estate by virtue of 
 any call in pursuance of this Ordinance. 
 
 2. The Court in making such an order may, in the case 
 of an unlimited company, allow to the contributory by way 
 of set-off any money due to him, or to the estate which he 
 represents, from the company on any independent dealing or 
 contract with the company, but not any money due to him 
 as a member of the company in respect of any dividend or 
 profit; and may, in the case of a limited company, make to 
 any director or manager whose liability is unlimited or to his 
 estate the like allowance. 
 
 3. But in the case of any company, whether limited or 
 unlimited, when aii the creditors are paid in full, any money 
 due en any account whatever to a contributory from the 
 company may be allowed to him by way of set-off against 
 any subsequent call. No. 15 of 1914, s. 238. 
 
 Power of 
 Court to 
 make calls. 
 
 239. The Court may, at any time after making a 
 winding-up order, and either before or after it has ascertained 
 the sufficiency of the assets of the company, make calls on and 
 order payment thereof by all or any of the contributories for 
 the time being settled on the list of the contributories to the 
 extent of their liability, for payment of any money which 
 the Court considers necessary to satisfy the debts and liabilities 
 of th(! company, and ths costs, charges, and expenses of winding- 
 
Companies. Chap. 18. 197 
 
 up, and for the adjustment of the rights of the contributories 
 among themselves. 
 
 2. In making a call the Court may take into consideration 
 the probability that some of the contributories may partly or 
 wholly fail to pay the call. No. 15 of 1914, s. 239. 
 
 340. The Court may order any contributory, purchaser. Power to 
 or other person from whom money is due to the company ^^^J P^^' 
 to pay the same into some chartered bank to the account of the bank. 
 liquidator instead of to the liquidator, and any such order may 
 be enforced in the same manner as if it had directed payment to 
 the liquidator. 
 
 2. AH moneys and securities paid or delivered into any 
 bank or any branch thereof in the event of a winding-up by the 
 Court shall be subject in all respects to the orders of the Court. 
 No. 15 of 1914, s. 240. 
 
 241. An order made by the Court on a contributory Order on 
 shall (subject to any. right of appeal) be conclusive evidence g°a*Jysf^°''^ 
 that the money (if any) thereby appearing to be due or ordered evidence. 
 to be paid is due. 
 
 2. All other pertinent matters stated in the order shall be 
 taken to be truly stated as against all persons, and in all pro- 
 ceedings, except proceedings against the real estate of a deceased 
 contributory, in which case the order shall be" only prima facie 
 evidence for the purpose of charging his real estate, unless his 
 heirs or devisees were on the list of contributories at the time 
 of the order being made. No. 15 of 1914, s. 241. 
 
 242. The Court may fix a time or times within which ^j^°]^®|g*° 
 creditors are to prove their debts or claims, or to be excluded oredHors not 
 from the benefit of any distribution made before those debts proving in 
 are proved. No. 15 of 1914, s. 242. *'"'^- 
 
 243. The Court shall adjust the rights of the contributories Adjustment 
 among themselves, and distribute any surplus among the ™ "f„tr;hu- 
 persons entitled thereto. No. 15 of 1914, s. 24.3. tories. 
 
 244. The Court may, in the event of the assets being P'Jj^f ^^^^ 
 insufficient to satisfy the liabilities, make an order as to the 
 payment out of the assets of the costs, charges, and expenses 
 incurred in the winding-up in such order of priority as the 
 
 - Court thinks just. No. 15 of 1914, s. 244. 
 
 245. When the affairs of a company have been completely Dissolution of 
 wound up, the Court shall make an order that the company 
 
 be dissolved from the date of the order, and the company 
 shall be dissolved accordingly. , , , 
 
 2. The order shall be reported by the liquidator to the 
 Registrar, who shall make in his books a minute of the dissolu- 
 tion of the company. - , . j.i, 
 
 3. If the liquidator makes default m complying witn the 
 requirements of this section, he shall be liable to a fine not 
 exceeding twenty-five dollars for every day during which lie 
 is in default. No. 15 of 1914, s. 245. 
 
198 
 
 hap. 18. 
 
 Companies. 
 
 u.'^ifquida'tor ^4®' General rules may be made for enabling or requiring 
 of certain "I'l Or any of the powers and duties conferred and imposed on 
 powers of the Court by this Ordinance, in respect of the matters following, 
 - °"'' ■ to be exercised or performed by the liquidator as an officer of 
 
 the Court and si^bject to the control of the Court; that is 
 to say, the powers and duties of the Court in respect of — 
 
 (a) Holding and conducting meetings to ascertain the 
 wishes of creditors and contributories : 
 
 (b) Settling lists of contributories and rectifying the 
 register of members where required, and collecting 
 and applying the assets: 
 
 (c) Requiring delivery of property or documents to the 
 liquidator: 
 
 (d) Making calls: 
 
 (e) Fixing a time within which debts and claims nmst be 
 proved : 
 
 Provided that the liquidator shall not, without the special 
 leave of the Court, rectify the register of members, and shall 
 not make any call without either the special leave of the Court 
 or the sanction of the committee of inspection. No. 15 of 1914, 
 s. 246. 
 
 Extraordinary Powers of Court. 
 
 24T. The Cburt may, after it has made a winding-up 
 ord^r, summon before it any officer of the company or person 
 known or suspected to have in his possession any property 
 of the company or supposed to be indebted to the company, 
 or any person whom the Court deems capable of giving informa- 
 tion concerning the trade, dealings, affairs, or property of the 
 company. 
 
 2. The Court may examine him on oath concerning the 
 same, either by word of mouth or on written interrogatories, 
 imd may reduce his answers to writing and require him to sign 
 them. 
 
 3. The Court may require him to produce any books and 
 papers in his custody or power relating to the company; but, 
 where he claim.s any lien on books or papers produced by him, 
 the production shall be without prejudice to that lien, and the 
 Court shall have jurisdiction in the winding-up to determine 
 all questions relating to that lien. 
 
 4. If any person so summoned, after being tendered a reason- 
 able sum for his expenses, refuses to come before the Court 
 at the time appointed, not having a lawful impediment (made 
 known to the (Jourt at the time of its sitting, and allowed by it), 
 the Court may cause him to be apprehended and brought before 
 the Court for examination. No. 15 of 1914, s. 247. 
 
 Power to 248. When an order has been made for winding up 
 
 examination ^ company by the Court, and the liquidator has made report 
 of promoters, Under this Ordinance stating that in his opinion a fraud has 
 directors, etc. been committed by any person in the promotion or formation 
 of the company, or by any director or other officer of the com- 
 pany in relation to the company since its formation, the 
 
 Power to 
 
 summon 
 
 persons 
 
 suspected of 
 
 having 
 
 property of 
 
 company. 
 
Companies. Chap. 18. 199 
 
 Court may, after consideration of the report, direct that any 
 person who has taken any part in the promotion or formation 
 of the company, or has been a director or officer of the company, 
 shall attend before the Court on a day appointed by the Court 
 for that purpose and be publicly examined as to the promotion 
 or formation or the conduct of the business of the company, 
 or as to his conduct and dealings as director or officer thereof. 
 
 2. The liquidator and any creditor or contributory may 
 take part in the examination, either personally or by solicitor 
 or counsel. 
 
 3. The Court may put such questions to the person examined 
 as the Court thinks fit. 
 
 4. The person examined shall be examined on oath, and 
 shall answer all such questions as the Court may put or allow 
 to be put to him. 
 
 5. A person ordered to be examined under this section 
 shall at his own cost, before his examination, be furnished 
 with a copy of the liquidator's report and may at his own 
 cost employ a solicitor with or without counsel, who shall 
 be at liberty to examine him for the purpose of enabling him 
 to explain or qualify any answers given by him : Provided that 
 if he is, in the opinion of the Court, exculpated from any charges 
 made or suggested against him, the Court may allow him 
 such costs as in its discretion it may think fit. 
 
 6. Notes of the examination shall be taken down either 
 in shorthand or in writing, and if in writing shall be read over 
 to or bj^, and signed by, the person examined, and may there- 
 after be used in evidence against him, and shall be open to the 
 inspection of any creditor or contributory at all reasonable 
 times. 
 
 7. The Court may, if it thinks fit, adjourn the examination 
 from time to time. 
 
 8. An examination under this section may, if the Court 
 so directs, and subject to general rules, be held before any 
 officer of the Court being a clerk or deputy clerk of the Court 
 named for the purpose, and the powers of the Court under ' 
 this section as to the conduct of the examination, but not as 
 to costs, may be exercised by the person before whom the 
 examination is held. No. 15 of 1914, s. 248. 
 
 249. The Court, at any time either before or after making Power to 
 a winding-up order, on proof of probable cause for believing Absconding 
 that a contributory is about to quit the Territory, or otherwise contributory, 
 to abscond or to remove or conceal any of his property for the 
 purpose of evading payment of calls or of avoiding examina- 
 tion respecting the affairs of the company, may cause the con- 
 tributory to be arrested, and his books and p^ipers and movable 
 personal property to be seized, and him and them to be safely 
 kept until such time as the Court may order. No. 15 of 1914, 
 s. 249. 
 
 350. Any powers by this Ordinance conferred on the Court Po'^'ers of 
 shall be in addition to and not in restriction of any existing cumulative, 
 powers of instituting proceedings against any contributory 
 
200 
 
 Chap. 18. 
 
 Power to 
 
 enforce 
 
 orders. 
 
 Appeals from 
 order. 
 
 Companies. 
 
 or debtor of the company, or the estate of any contributory 
 or debtor, for the recovery of anv call or other sums. No. 15 
 of 1914, s. 250. 
 
 Enforcement of and Appeal from Orders. 
 
 251. Orders made by the Court under this Ordinance may 
 be enforced in the same manner as orders made in any action 
 pending therein. No. 15 of 1914, s. 251. 
 
 252. Subject to Rules of Court, an appeal from any order 
 or decision made or given in the winding-up of a company by 
 the Court under this Ordinance shall lie in the same manner 
 and subject to the same conditions as an appeal from any 
 order or decision of the Court in cases within its ordinary juris- 
 diction. No. 15 of 1914, s. 252. 
 
 Voluntary Winding-up. 
 
 Circum- 
 stances in 
 which com- 
 pany may 
 be wound-up 
 voluntarily. 
 
 Commence- 
 ment of 
 voluntary 
 winding-up. 
 
 Effect of 
 voluntary 
 winding-up 
 on status of 
 company. 
 
 253. A company may be wound up voluntarily — 
 
 ' (1.) When the period (if any) fixed for the duration of 
 the company by the Ordinance, charter, or instrument 
 of incorporation has expired; or when the event (if any) 
 has occurred, upon the occurrence of which it is pro- 
 vided by the Ordinance or charter or instrument of 
 incorporation that the company is to be dissolved, 
 and the company in general meeting has passed a reso- 
 lution requiring the company to be wound up: 
 
 (2.) If the company resolves by special resolution that 
 the company be wound up voluntarily: 
 
 (3.) If the company, although it may be solvent as res- 
 pects creditors, resolves by extraordinary resolution 
 to the effect that it cannot by reason of its liabilities 
 continue its business, and that it is advisable to wind 
 up. 
 
 254. A voluntary winding-up shall be deemed to com- 
 mence at the time of the passing of the resolution authorizing 
 the winding up. No. 15 of 1914, s. 254. 
 
 255. When a company is wound up voluntarily, the com- 
 pany shall, from the commencement of the winding up, cease 
 to carry on its business, except so far as may be required for 
 the beneficial winding-up thereof: 
 
 Provided that the corporate state and corporate powers 
 of the company shall, notwithstandiiig ' anything to the con- 
 trarv in its articles, continue until it is dissolved. No. 15 
 of 1914, s. 255. 
 
 Notice of 
 resolution to 
 wind up 
 voluntarily. 
 
 256 When a company has resolved by special or extra- 
 ordinary resolution to wind up voluntarily, it shall give notice 
 of the resolution by advertisement in the Gazette. No. 15 of 
 1914, s. 256. 
 
Companies. Chap. 18. 201 
 
 257. The following consequences shall ensue on the vol- Conaequenccs 
 untary wmdmg up of the company : — of voluntary 
 
 (a) The property of the company shall be applied jn '^'°'^'"^-"''- 
 satisfaction of its liabilities pari passu, and, subject 
 thereto, shall, unless the articles otherwise provide, 
 be distributed among the members accoiding to their 
 rights and interests in the company: 
 (6) The company in general meeting shall appoint one 
 or more hquidators for the purpose of winding-up the 
 affairs and distributing the assets of the company, and 
 may fix the remuneration to be paid to him or them: 
 
 (c) On the appointment of a liquidator all the powers of 
 the directors shall cease, except so far as the company 
 in general meeting, or the liquidator, sanctions the 
 continuance thereof: 
 
 (d) The liquidator may, without the sanction of the Court, 
 exercise all powers by this Ordinance given to the liqui- 
 dator in a winding up by the Court: 
 
 (e) The liquidator may exercise the powers of the Court 
 under this Ordinance of settling a list of contributories, 
 and of making calls, and shall pay the debts of the 
 company, and adjust the rights of the contributories 
 among themselves: 
 
 (/) The list of contributories shall be prima facie evidence 
 
 . of the liability of the persons named therein to be con- 
 tributories : 
 
 (g) When several liquidators are appointed, every power 
 hereby given may be exercised by such one or more 
 of them as may be determined at the time of their 
 appointment, or in default of such determination by 
 any number not less than two: 
 
 (h) If from any cause whatever there is no liquidator 
 acting, the Court may, on the application of a contri- 
 butory, appoint a liquidator: 
 
 (i) The Court may, on cause shown, remove a liquidator, 
 and appoint another liquidator. No. 15 of 1914, s. 2.57. 
 
 258. The liquidator in a voluntary winding up shall, Notice by 
 within twenty-one days after his appointment, file v/ith the hJ^^appoint' 
 Registrar a notice of his appointment in the form prescribed, mcnt. 
 
 2. Tf the liquidator fails to comply with the requirements 
 of this section, he shall be liable to a fine not exceeding twenty- 
 five dollars for every day during which the default continues. 
 No. 15 of 1914, s. 258. 
 
 259. Every liquidator appointed by a company in Rights ot 
 a voluntary winding up shall, within seven days from his appoint- creditorain 
 ment, send notice by post to all persons who appear to him winding-uj^ 
 to h,e creditors of the company that a meeting of the creditors 
 
 of the company will be held on a date, not being less than 
 fourteen nor more than twenty-one days after his appointment, 
 a;nd at a place and hour, to be specified in the notice, and shall 
 also advertise notice of the meeting once in the Gazette and 
 
^^ Chap. 18. Companies. 
 
 once at least in one local newspaper circulating in the district 
 where the registered office or principal place of business of 
 the company was situate. 
 
 2. At the meeting to be held in pursuance of the foregoing 
 provisions of this section the creditors shall determine v/hether 
 an application shall be mads to the Court for the appointment 
 of any person as liquidator in the place of or jointly with the 
 liquidator appointed by the company, or for the appointment 
 of a committee of inspection, and, if the creditors so resolve, 
 an application may be made accordingly to the Court at any 
 time,not later than fourteen days after the date of the meeting, 
 by any creditor appointed for the purpose of the meeting. 
 
 3. On any such application the Court may make an order 
 cither for the removal of the liquidator appointed by the com- 
 pany and for the appointment of some other person as liqui- 
 dator or for the appointment of some other person to act as 
 liquidator jointly with the liquidator appointed by the company, 
 or for the appointment of a committee of inspection either 
 together with or without any such appointment of a liquidator, 
 or such other order as, having regard to the interests of the 
 creditors and contributories of the company, may seem just. 
 
 4. No appeal shall lie from any order of the Court upon 
 an application under this section. 
 
 5. The Court shall make such order as to the costs of 
 the application as it may think fit, and if it is of opinion that, 
 having regard to the interests of the creditors in the liquidation, 
 there were reasonable grounds for the application, may order 
 the costs of the application to be paid out of the assets of the 
 coinpany, notwithstanding that the application is dismissed 
 or otherwise disposed of adversely to the applicant. No. 15 
 of 1914, s. 259. 
 
 Bower to fill 26©. If a vacancy occurs by death, resignation, or 
 ^re'of '" otherwise in the office of liquidator appointed by the company 
 liquidator. in a voluntary winding up, the company in general meeting 
 
 may, subject to any arrangement with its creditors, fill the 
 
 vacancj'. 
 
 2. For that purpose a general meeting may be convened 
 ]>y any contributory or, if there were more liquidators than 
 one, by the continuing liquidators. 
 
 3. The meeting shall be held in manner prescribed by the 
 articles, or in such manner as may, on application by any 
 contributory or by the continuing liquidators, be determined 
 by the Court. No. 15 of 1914, s. 260. 
 
 Delegation 261. A company about to be, or in course of being, 
 
 toappoSt^^^ wound up voluntarily may, by extraordinary resolution, dele- 
 Hquidators. gate to its creditors, or to any committee of them, the power 
 of appointing liquidators or any of them, and of supplying 
 vacancies among the liquidators, or enter into any arrangement 
 with respect to the powers to be exercised by the liquidators, 
 and the manner in which they are to be exercised. 
 
 2. Any act done by creditors in pursuance of any such 
 delegated power shall have the same effect as if it had been 
 done by the company. No. 15 of 1914, s. 261. 
 
Com.'panies. Chap. 18. 203 
 
 263. Any arrangement entered into between a company Arrangement 
 about to be, or in the course of being, wound up voluntarily JJ'ig^on''^"''' 
 and its creditors shall, subject to any right of appeal under creditors. 
 this section, be binding on the company if sanctioned by any 
 extraordinary resolution, and on the creditors if acceded to 
 by three-fourths in number and value of the creditors. 
 
 2. Any creditor or contributory may, within three weeks 
 from the completion of the arrangment, appeal to the Court 
 against it, and the Court may thereupon, as it thinks just, 
 amend, vary, or confirm the arrangement. No. 15 of 1914, s. 262. 
 
 363. Where a company is proposed to be, or is in course Power of 
 of being, wound up altogether voluntarily, and the whole or to'*acoe*r 
 part of its business or property is proposed to be transferred shares?''etc., 
 or sold to another company (in this section called "the trans- '*?. <=<?'^sider- 
 feree company"), the liquidator of the first-mentioned com- sale"of°'^ 
 pany (in this section called "the transferor company") may, pi'opeity of 
 with the sanction of special rssolution of -that company, con- '^°'"P"'"y- 
 ferring either a general authority on the liquidator or an authority 
 in respect of any particular arrangement, receive, in com- 
 pensation or part compensation for the transfer or sale, shares, 
 policies, or other like interests in the transferee company, for 
 distribution among the members of the transferor company, 
 or may enter into any other arrangement whereby the members 
 of the transferor company may, in lieu of receiving cash, shares, 
 policies, or other like interests, or in addition thereto, parti- 
 cipate in the profits of or receive any other benefit from the 
 transferee company. 
 
 2. Any sale or arrangement in pursuance of this section 
 shall be binding on the members of the transferor company. 
 
 3. If any member of the transferor company who did not 
 vote in favour of the special resolution at either of the meetings 
 held for passing and confirming the same expresses his dissent 
 therefrom in writing addressed to the liquidator, and left at the 
 registered office of the company within seven days after the 
 confirmation of the resolution, he may require the liquidator 
 either to abstain from carrying the resolution into effect, or to 
 purchase his interest at a price to be determined by agreement 
 or by arbitration in manner provided by this section. 
 
 4. If the liquidator elects to purchase the member's interest 
 the purchase money must be paid before the company is dis- 
 solved, and be raised by the liquidator in such manner as may 
 be determined by special resolution. 
 
 5. A special resolution shall not be invalid for the purposes 
 of this section by reason that it passed before or concurrently 
 with a resolution for winding up the company, or for appointing 
 liquidators; but, if an order is made within a j^ear for winding 
 up the company by or subject to the supervision of the Court, 
 the special resolution shall not be valid unless sanctioned bj^ 
 the Court. 
 
 6. For the purpose of an arbitration under this section the 
 provisions of The Arbitration Ordinance with respect to the 
 settlement of disputes by arbitration shall be incorporated 
 with this Ordinance. No. 15 of 1914, s. 263. 
 
204 
 
 Chap. 18. 
 
 Companies. 
 
 Power to 
 apply to 
 Court. 
 
 264. Where a company is being wound up voluntarily, 
 the liquidator or any contributory or creditor may apply to the 
 Court to determine any question arising in the winding-up, or 
 to exercise, as respects the enforcing of calls, or any other 
 matter, all or any of the powers which the Court might exercise 
 if the Company were being wound up by the Court. 
 
 2. The Court, if satisfied that the determination of the 
 question or the required exercise of power will be just and bene- 
 ficial, may accede wholly or partially to the application on such 
 terms and conditions as the Court thinks fit, or may make such 
 other order on the application as the Court thinks just. No. 15 
 of 1914, s. 264. 
 
 Power of 
 liquidator 
 to call 
 general 
 meeting. 
 
 365. Where a company is being wound up voluntarily, 
 the liquidator may summon general meetings of the company for 
 the purpose of obtaining the sanction of the company by special 
 or extraordinary resolution, or for any other purposes he may 
 think fit. 
 
 2. In the event of the winding-up continuing for more than 
 one year, the liquidator shall summon a general meeting of the 
 company at the end of the first year from the commencement 
 of the winding-up, and of each succeeding year, or as soon 
 thereafter as may be convenient, and shall lay before the meet- 
 ing an account of his acts and dealings and of the conduct of 
 the winding-up during the preceding year. . No. 15 of 1914, 
 s. 265. 
 
 Final ineeL- 
 ing and 
 dissolution. 
 
 366. In the case of every voluntary winding-up, as 
 soon as the affairs of the company are fully wound up, the 
 liquidator shall make up an a-ccount of the winding-up, showing 
 how the winding-up has been conducted and the property of 
 the company has been disposed of; and thereupon shall call a 
 general meeting of the company for the purpose of laying 
 before it the account, and giving any explanation thereof. 
 
 2. The meeting shall be called by advertisement in the 
 Gazette, specifying the time, place, and object thereof, and 
 published continuously for one month at least before the meeting. 
 
 3. Within one week after the meeting, the liquidator shall 
 make a return to the Registrar of the holding of the meeting 
 and of its date, and in default of so doing shall be liable to a fine 
 not exceeding twenty-five dollars for every day during w"hich 
 the default continues. 
 
 4. The Registrai- on receiving the return shall forthwith 
 register it, and on the expiration of three months from the 
 registration of the return the company shall be deemed to be 
 dissolved: 
 
 Provided that the Court may, on the application of the 
 liquidator or of any other person who appears to the Court to 
 Ije interested, make an order deferring the date 'at which the 
 dissolution of the company is to take effect for such time as 
 the Court thinks fit. 
 
 5. It shall be the duty of the person on whose application 
 an order of the Court under this section is made, within seven 
 
Compa?iies. Chap. 18. 205 
 
 days after the making of the order, to file with the Registrar 
 an office copy of the order, and if that person fails so to do he 
 shall be liable to a fine not exceeding twenty-five dollars for 
 every day during which the default continues. No. 15 of 1914, 
 s. 266. 
 
 2©T. All costs, charges, and expenses properly incurred in Costs of 
 the voluntary winding-up of a company, including the remuner- liquidation. 
 ation of the liquidator, shall be payable out of the assets of the 
 company in priority to all other claims. No. 15 of 1914, s. 267. 
 
 268. The voluntary winding-up of a company shall not bar Saving for 
 the right of any creditor or contributory to have it wound up "]|ditors and 
 by the Court, if the Court is of opinion that the rights of the contribu- 
 creditors or that the rights of the contributories will be preju- to"es. 
 diced by a voluntary winding-up. No. 15 of 1914, s. 268. 
 
 369. Where a company is being wound up voluntarily, and Power of 
 an order is made for winding-up bjr the Court, the Court may, ^dopt p?o- 
 if it thinks fit, by the same or any subsequent order, ceedings of 
 provide for the adoption of all or any of the proceedings in the ^"ndi^g^up 
 voluntary winding-up. No. 15 of 1914, s. 269. 
 
 Winding-up subject to Supervision of Court. 
 
 270. When a company has by special or extraordinary Power to 
 resolution resolved to wind up voluntarily, the Court may ^ng-uplub-' 
 make an order that the voluntary winding-up shall continue, ject to 
 but subject to such supervision of the Court, and with such supervision. 
 liberty for creditors, contributories, or others_ to apply to the 
 Court, and generally on such terms and conditions as the Court 
 thinks just. No. 15 of 1914, s. 270. 
 
 2T1. A petition for the continuance of a voluntary winding- ^g^?^|*°'fQj, 
 up subject to the supervision of the Court shall, for the purpose winding-u°p 
 of aiving iurisidction to the Court over actions, be deemed to subject to 
 be a petition for winding-up by the Court. No. 15 of 1914, supervision, 
 s. 271. 
 
 272. The Court may, in deciding between a winding-up by ^°^l\^^^^ 
 the Court and a winding-up subject to supervision, in the ap- to wishes of 
 pointment of liquidators, and in all other matters relatmg to creditors and 
 the winding-up subject to supervision, have regard to the wishes 1°"^^^ "' 
 
 of the creditors or contributories as proved to it by any sufltt- 
 cient evidence. No. 15 of 1914, s. 272. 
 
 273. Where an order is made for a winding-up subject g^^^f/""^ 
 to supervision, the Court may, by the same or any subsequent appoint or 
 order, appoint any additional liquidator. Ifq"idators 
 
 2. A liquidator appointed by the Court under this section 
 shall have the same powers, be subject to the same obligations, 
 and in all respects stand in the same position as if he had been 
 appointed by the company. 
 
206 
 
 Chap. 18. 
 
 Companies. 
 
 Effect of 
 
 supervision 
 
 order. 
 
 Avoidance of 
 transfer.-', etc., 
 after 
 
 commene- 
 ment of 
 winding-ui). 
 
 3. The Court may remove any liquidator so appointed by 
 the Court or any liquidator continued under the supervision 
 order and fill any vacancy occasioned by the removal, or by 
 death or resignation. No. 15 of 1914, s. 273. 
 
 2'74. Where an order is made for a winding-up subject 
 to supervision, the liquidator may, subject to any restrictions 
 imposed by the Court, exercise all his powers, without the 
 sanction or intervention of the Court, in the same manner as 
 if the company were being wound up altogether voluntarily. 
 
 2. An order for a winding-up subject to supervision shall 
 for all purposes, including the staying of actions and other pro- 
 ceedings, the making and enforcement of calls, and the exercise 
 of all other powers, be deemed to be an order for winding-up 
 by the Court. No. 15 of 1914, s. 274. 
 
 Supplemental Provisions. 
 
 STS. In the case of voluntary winding-up, every trans- 
 fer of shares, except transfers made to or within the sanction of 
 the liquidator, and every alteration in the status of the mem- 
 bers of the company mads after the commencement of the 
 winding-up, shall be void. 
 
 2. In tJie case of a winding-up by or subject to the super- 
 vision of the Court, every disposition of the property (including 
 things in action) of the company, and every transfer of shares 
 or alteration in the status of its members, made after the com- 
 mencement of the winding-up, shall, unless the Court otherwise 
 orders, be void. No. 15 of 1914, s. 275. 
 
 Debts of all 
 description 
 to be proved. 
 
 Preferential 
 payments . 
 
 ST®. In every winding-up under this Ordinance, all debts 
 payable on a contingency, and all claims against the company, 
 present or future, certain or contingent, ascertained or sound- 
 ing only in damages, shall be admissible to proof against the 
 company, a just estimate being made, so far as possible, of the 
 value of such debts or claims as may be subject to any contin- 
 gency or sound only in damages, or for some other reason do 
 not bear a certain value. No. 15 of 1914, s. 276. 
 
 STT. In a winding-up there shall be paid in priority 
 to all other debts — 
 
 (a) All assessed taxes, rates, real-property tax, personal- 
 property tax, wild-land tax, coal-land tax, timber-land 
 tax, or income tax assessed on the company up to the 
 first day of January next before that date, and not 
 exceeding in the whole one year's assessment; and 
 
 (b) All wages or salary of any clerk or servant in respect 
 of services rendered to the company during three months 
 before the said date, not exceeding two hundred and fifty 
 dollars; and ' 
 
 (c) All wages of any workman or labourer, whether payable 
 for time or for piece work, in respect of services rendered 
 to the company during three months before the said 
 date; and 
 
Companies. Chap. 18. 207 
 
 (d) Unless the company is being wound up voluntarily 
 merely for the purposes of reconstruction or of amalga- 
 mation with another company, all amounts (not exceed- 
 ing in any individual case five hundred dollars) due in 
 respect of compensation under the Workmen's Com- 
 pensation Ordinance. 
 
 2. The foregoing debts shall — • 
 
 (a) Rank equally among themselves and be paid in full, 
 unless the assets are insufficient to meet them, in which 
 case they shall abate in equal proportions; and 
 
 (6) In so far as the assets of the company available for 
 payment of general creditors are insufficient to meet 
 them have priority over the claims of holders of deben- 
 tures under any floating charge created by the company' 
 and be paid accordingly out of any property comprised 
 in or subject to that charge. 
 
 3. Subject to retention of such sums as may be necessary 
 for the costs and expenses of the winding-up, the foregoing debts 
 shall be discharged forthwith so far as the assets are sufficient to 
 meet them. 
 
 4. In the event of the landlord or other person distraining 
 or having distrained on any goods or effects of the company 
 within one month next before the date of a winding-up order, 
 the debts to which priority is given by this section shall be a 
 first charge on the goods or effects so distrained on, or the 
 proceeds of the sale thereof: 
 
 Provided that in respect of any money paid under any such 
 charge the landlord or other person shall have the same rights 
 of priority as the person to whom the payment is made. 
 
 5. The date hereinbefore in this section referred to is — • 
 
 (a) In the case of a company ordered to be wound up 
 compulsorily which had not previously commenced to be 
 wound up voluntarily, the date of the winding-up order; 
 and 
 
 (6) In any other case, the date of the commencement of 
 the winding up. No. 15 of 1914, s. 277. 
 
 278. Any conveyance, mortgage, delivery oi goods, pay- Fraudulent 
 ment, execution, or other act relating to property which would, "'''' '"■^'"*- 
 if made or done by or against an individual, be deemed a fraud- 
 ulent preference shall, if made or done by or against a company, 
 
 be deemed, in the event of its being wound up, a fraudulent 
 preference of its creditors and be invalid accordingly. No. 15 
 of 1914, s. 278. 
 
 279. Where any company is being wound up by or subject ■^^^"^^'"^'^ 
 to the supervision of the Court, any attachment, sequestration, attachments, 
 distress, or execution put in force against the estate or effects executions, 
 of the company after the commencement of the winding-up ^ "■ 
 
 shall be void to all intents. No. 15 of 1914, s. 28. 
 
 28©. The liquidator may, with the sanction following. General 
 
 , , , . . scheme of 
 
 that IS to say : — liquidation 
 
 may be 
 sanctioned. 
 
208 
 
 Chap. 18. 
 
 Companies. 
 
 (a) In the case of a winding-up by the Court with the 
 sanction either of the Court or of the committee of 
 inspection : 
 
 (6) In the case of a voluntary winding-up with the sanction 
 of an extraordinary resolution of the company, — 
 do the following things or any of them : — 
 
 (c) Pay any classes of creditors in full: 
 
 (d) Make any compromise or arrangement with creditors 
 or persons claiming to be creditors, or having or alleging 
 themselves to have any claim, present or future, certain 
 o^r contingent, ascertained or sounding only in damages 
 against the company, or whereby the company may be 
 rendered liable: 
 
 (e) Compromise all calls and liabilities to calls, debts, and 
 liabilities capable of resulting in debts, and all claims, 
 present or future, certain or contingent, ascertained or 
 sounding only in damages, subsisting or supposed- to 
 subsist between the company and a contributory, 'or 
 alleged contributory, or other debtor or person apprehend- 
 ing liability to the company, and all questions in any. way 
 relating to or affecting the assets or the winding-up of the 
 company, on such terms as may be agreed, and take any 
 security for the discharge of any such call, debt, liability, 
 or claim, and give a complete discharge in respect thereof. 
 
 2. In the case of a winding-up by the Court, the exercise 
 by the liquidator of the powers of this section shall be subject 
 to the control of the Court, and any creditor or contributory 
 may apply to the Court with respect to any exercise or proposed 
 exercise of any of those powers. No. 15 of 1914, s. 280. ': 
 
 281. Where in the course of winding up a company it 
 appears that any person who has taken part in the formation or 
 promotion of the company, or any past or present director, 
 manager, or liquidator, or any officer of the company, has 
 misapplied or retained or become liable or accountable for any 
 money or property of the company, or been guilty of any 
 misfeasance or breach of trust in relation to the company, the 
 Court may, on the application of the liquidator, or of any creditor 
 or contributory, examine into the conduct of the promoter, 
 director, manager, liquidator, or officer, and compel him io 
 repay or restore the money or property or any part thereof^ 
 respectively, with interest at such rate as the Court thinks 
 just, or to contribute such sum to the assets of the company 
 by way of compensation in respect of the misapplication, 
 retainer, misfeasance, or breach of trust as the Court thinks 
 just. 
 
 2. This section shall apply notwithstanding that the offence 
 is one for which the offender may be criminally responsible. 
 
 3. Where an order for payment of money is made 'Under 
 this section, the order shall be deemed to be a final judgment. 
 No. 15 of 1914, s. 281. 
 
 Prosecution 282. If it appears to the Court in the course of a wind- 
 H^-^^to*^"^"* ing-up by or subject to the supervision of the Court that any 
 etc*" '^' past or present director, manager, officer, or member of the 
 
 Power of 
 Court to 
 assess '4 
 damages 
 against 
 delinquent 
 directors, 
 etc. 
 
Companies. Chap. 18. 209 
 
 company has been guilty of an offence in relation to the company 
 for which he is criminally responsible, the Court may, on the 
 application of any person interested in the winding-up, or of 
 its own motion, direct the liquidator to prosecute for the offence, 
 and may order the costs and expenses to be paid out of the 
 assets of the company. 
 
 2. If it appears to the liquidator in the course of a voluntary 
 winding-up that any past or present director, manager, officer, 
 or member of the company has been guilty of any offence in 
 relation to the company for which he is criminally responsible, 
 the liquidator, with the previous sanction of the Court, may 
 prosecute the offender, and all expenses properly incurred by 
 him in the prosecution shall be payable out of the assets of the 
 company in priority to all other liabilities. No. 15 of 1914, s. 282. 
 
 283. Where by this Ordinance the Court is authorized, Meetings to 
 in relation to winding-up, to have regard to the wishes of ^shes of 
 creditors or contributories, as proved to it by any sufficient creditors or 
 evidence, the Court may, if it thinks fit, for the purpose of toSe" " 
 ascertaining those wishes, direct meetings of the creditors or 
 contributories to be called, held, and conducted in such manner 
 
 as the Court directs, and may appoint a person to act as chair- 
 man of any such meeting, and to report the result thereof to 
 the Court. 
 
 2. In the case of creditors, regard shall be had to the value 
 of each creditor's debt. 
 
 3. In the case of contributories, regard shall be had to the 
 number of votes conferred on each contributory bv the articles. 
 No. 15 of 1914, s. 283. 
 
 284. Where any company is being wound up, all books and fo°i^p|ny to 
 papers of the company and of the liquidators shall, as between the be evidence. 
 contributories of the company, be prima facie evidence of the 
 
 truth of all matters purporting to be therein recorded. No. 15 
 of 1914, s. 284. 
 
 285. After an order for a winding-up by or subject to the Inspection of 
 supervision of the Court, the Court may make such order ^°°'^=- 
 
 for inspection by creditors and contributories of the company 
 of its books and papers as the Court thinks just, and any books 
 and papers in the possession of the company may be inspected 
 by creditors or contributories accordingly, but not further or 
 otherwise. No. 15 of 1914, s. 285. 
 
 286. When a company has been wound up and is ^^^^P°«^^^^°f 
 about to be dissolved, the books and papers of the company papers of 
 and of the Hquidators may be disposed of as follows, that is company. 
 
 to say: — 
 
 (a) In the case of winding-up by or subject to the super- 
 vision of the Court, in such way as the Court directs: 
 
 (b) In the case of a voluntary winding-up, in such way as 
 the company by extraordinary resolution directs. 
 
 2 After two years from the dissolution of the company 
 no responsibility shall rest on the company or the Hquidators 
 70263—14 
 
210 Chap. 18. Companies. 
 
 or any person to whom the custody of the books and papers 
 has been committed, by reason of the same not being forth- 
 coming to any person claiming to be interested therein. No. 15 
 of 1914, s. 286. 
 
 Court to SST. Where a company has been dissolved, the Court 
 
 declare ° may, at any time within one year of the date of the dissolution, 
 
 dissolution of on an application being made for the purpose by the liquidator 
 
 voW^*"'' of the company or by any other person who appears to the 
 
 Court to be interested, make an order, upon such terms as the 
 
 Court thinks fit, declaring the dissolution to have been void, 
 
 and thereupon such proceedings may be taken as might have 
 
 been taken if the company had not been dissolved. 
 
 2. It shall be the duty of the person on whose application 
 the order was made, within seven days after the making of the 
 order, to file with the Registrar a copy of the order, certified 
 by the clerk of the Court; and if that person fails so to do 
 he shall be liable to a fine not exceeding twenty-five dollars 
 for every day during which the default continues. No. 15 of 
 1914, s. 287. 
 
 Information 288. If the winding-up is not concluded within one 
 h^uida™onsf y^^'" after its commencement, the liquidator shall, at such 
 intervals as may be prescribed, until ths winding-up is con- 
 cluded, send to the Registrar a statement in the prescribed 
 form and containing the prescribed particulars with respect 
 to the proceedings in and position of the liquidation. 
 
 2. Any person stating himself in writing to be a creditor 
 or contributory of the company shall be entitled, by himself 
 or by his agent, at all reasonable times, on payment of the 
 prescribed fee, to inspect the statement, and to receive a copy 
 thereof or extract therefrom; but any person untruthfully so 
 stating himself to be a creditor or contributory shall be guilty of 
 a contempt of Court, and shall be punishable accordingly 
 on the application of the liquidator. 
 
 3. If a liquidator fails to comply with the requirements 
 of this section, he shall be liable to a fine not exceeding one 
 hundred dollars for each day during which the default con- 
 tinues. 
 
 4. If it appears from any such statement or otherwise that 
 a liquidator has in his hands or under his control any money 
 representing unclaimed or undistributed assets of the company 
 which have remained unclaimed or undistributed for six months 
 after the date of their receipt, the liquidator shall forthwith 
 pay the same into the Territorial Treasury with a copy of the 
 statement referred to in subsection (1), and shall be entitled 
 to the prescribed certificate of receipt for the money so paid, 
 and that certificate shall be an effectual discharge to him in 
 respect thereof. 
 
 5. Any person claiming to be entitled to any money paid 
 into the Territorial Treasury in pursuance of this section may 
 apply to the Commissioner for payment of the same, and the 
 said Commissioner may, on a certificate by the liquidator that 
 the person claiming is entitled, make an order for the pavment 
 to that person of the sum due. 
 
Companies. Chap. 18. 211 
 
 6. Any person dissatisfied with the decision of the said 
 Commissioner in respect of any claim made in pursuance 
 of this section may appeal to the Court. No. 15 of 1914, s. 288. 
 
 389. In all proceedings under this Part of this Ordinance, Judicial 
 all Courts, Judges, and persons judicially acting, and all officers, signature of 
 judicial or ministerial, of any Court, or employed in enforcing officera. 
 the process of any Court, shall take judicial notice of the signa- 
 ture of any officer of the Court appended to or impressed on 
 any document made, issued, or signed under the provisions of 
 this Part of this Ordinance, or any official copy thereof. No. 15 
 of 1914, s. 289. 
 
 290. The clerk of the Territorial Court shall be a Special 
 Commissioner for the purpose of taking evidence under this fo™rece!ving 
 Ordinance, and the Court may refer the whole or any part of evidence, 
 the examination of any witnesses under this Ordinance to any 
 
 person hereby appointed Commissioner, who is hereby required 
 to act as such Commissioner. 
 
 2. Every Commissioner shall, in addition to any other 
 powers which he might lawfully exercise, have in the matter 
 so referred to him all the same powers of summoning and 
 examining witnesses, of requiring the production or delivery 
 of documents, of punishing defaults by witnesses, and of allow- 
 ing costs and expenses to witnesses as the Court which made 
 the winding-up order. 
 
 3. The examination so taken shall be returned or reported 
 to the Court which made the order in such manner as that 
 Court directs. No. 15 of 1914, s. 200. 
 
 291. Any affidavit required to be sworn under the Affidavits, 
 provisions or for the purposes of this Part of this Ordinance ^*''- 
 may be sworn before any person lawfully authorized to take 
 
 and receive affidavits pursuant to "The Evidence Ordinance." 
 2. All Courts, Judges, Justices, Commissioners, and persons 
 acting judicially shall, take judicial notice of the seal or stamp 
 or signature, as the case may be, of any such person attached, 
 appended, or subscribed to any such affidavit or to any other 
 document to be used for the purposes of this Part of this Ordin- 
 ance. No. 15 of 1914, s. 291. 
 
 292. The officers of the Courts acting in the winding-up of Returns by 
 companies shall make to the Registrar, at Dawson, such returns ^i„dY„y"p. 
 of the business of their respective Courts and offices, at such 
 
 times and in such manner and form as may be prescribed, 
 and from those returns the Registrar shall cause books to be 
 prepared which shall be open for public information and 
 searches. No. 15 of 1914, s. 292. 
 
 293. All documents purporting to be orders or certifi- f™^|^fjj;f, 
 cates made or issued by the Registrar for the purposes of this 
 Ordinance, and to be sealed with his seal of office, shall be 
 received in evidence and deemed to be such orders or certificates 
 without further proof, unless the contrary is shown. 
 
 70263—141 
 
212 
 
 Chap. 18. 
 
 Companies. 
 
 2. A certificate purporting to be signed by the Territorial 
 Secretary that any order made, certificate issued, or act done 
 IS the order, certificate, or act of the Commissioner, shall be 
 conclusive evidence of the fact so certified. No. 15 of 1914, 
 s. 293. 
 
 Rules and 
 lees tor 
 winding-up. 
 
 Rules and Fees. 
 
 394. The Commissioner may make general rules for 
 carrying into effect the objects of this Part of this Ordinance. 
 
 2. All general rules made under this section shall be laid 
 before the Yukon Council within three weeks after they are 
 made, if the Council is then sitting, and, if it is not sitting, 
 within one week after the beginning of the next session of the 
 Council, and shall be judicially noticed, and shall have effect as if 
 enacted by this Ordinance. 
 
 3. There shall be paid in respect of proceedings under this 
 Ordinance in relation to the winding up of companies such 
 fees as the Commissioner may direct, and the Commissioner 
 may further direct by whom and in what manner the same 
 are to be collected and accounted for, and to what account 
 they are to be paid. No. 15 of 1914, s. 294. 
 
 Removal of Defunct Companies from Register. 
 
 Registrar 
 may strik 
 
 395. Where a company incorporated under any public 
 defunct Ordinance in this Territory, or a registered extra-territorial 
 
 company off company, has failed for any period of two years after such 
 register. incorporation or registration to send or file any return notice 
 
 or document required to be made or filed or sent to the Registrar 
 pursuant to this Ordinance or any former public Ordinance, 
 or the Registrar has reasonable cause to believe that such com- 
 pany or an extra-territorial licensed company is not carrying 
 on business or in operation, he shall send to the company by 
 post a registered letter inquiring whether such company is 
 carrying on business or in operation and notifying it of its 
 default (if any) ; and 
 
 2. If within two months no reply to such letter is received 
 by the Registrar, or such company fails to fulfil the lawful 
 requirements of the Registrar or notifies the Registrar that 
 it is not carrying on business or in operation, he may, at the 
 expiration of another fourteen days, publish in the Gazette 
 and send to such company a notice that at the expiration of 
 two months from the date of that notice the name of such 
 company mentioned therein will, unless cause is shown to the 
 contrary, be struck off the register, and the company, if one 
 incorporated as aforesaid, will be dissolved. 
 
 3. At the expiration of the time mentioned in such last 
 mentioned notice, the Registrar shall, unless cause to the 
 contrary is previously shown by such company, strike the 
 name of such company off the register, and shall publish notice 
 thereof in the Gazette for one month, and on such last mentioned 
 publication the company, being an incorporated company 
 
Companies. Chap. 18. 213 
 
 as aforesaid, shall be dissolved; or, being an extra-territorial 
 company, shall be deemed to have ceased to do business in the 
 Territory, under its license or certificate of registration: Pro- 
 vided that the liability (if any) of every director, managing 
 officer, and member of any such company shall continue and 
 may be enforced as if the name of said company had not been 
 struck off the register. 
 
 4. If any such company or a member or creditor thereof 
 feels aggrieved by the name of such company having been 
 struck off the register in pursuance of this section, the com- 
 pany or member or creditor may, before the completion of the 
 last mentioned publication, apply to the Court; and the Court, 
 if satisfied that the company was at the time of the striking off 
 carrying on business or in operation and that it is just to do 
 so, may, upon such terms as the Court may see fit to impose, 
 including the payment of any costs and expenses, order the 
 name of the company to be restored to the register, and there- 
 upon the company shall be deemed to have continued in existence 
 as if the name thereof had never been struck off; and the Court 
 may by the order give such directions and make such provisions 
 as seem just for placing the company and all other persons 
 in the same position, as nearly as may be, as if the name of the 
 company. had never been struck off'. 
 
 5. A letter or notice authorized or required for the purpose 
 of this section to be sent to any such company may be sent 
 by post addressed to the company at its registered or head 
 office in the Territory; or, if no office has been registered, 
 addressed to the care of some director or officer of the company; 
 or, if there be no director or officer of the company whose name 
 and address are known to the Registrar, the letter or notice 
 in identical form may, in the case of a company incorporated 
 as aforesaid, be sent to each of the persons who subscribed 
 the memorandum of association, addressed to him at the address 
 mentioned in the memorandum; and in the case of an extra- 
 territorial company sent to the attorney of^ such company. 
 
 6. Where a company is being wound up,' and the Registrar 
 has reasonable cause to believe either that no liquidator is 
 acting or that the affairs of the company are fully wound up 
 and the returns required to be made by the liquidator have 
 not been made for a period of three consecutive months, after 
 notice by the Registrar demanding the returns has been sent 
 by post to the registered address of the company and to the 
 liquidator at his last known place of business, the provisions 
 of this section shall apply in like manner as if the Registrar 
 had not within two months after sending the letter first men- 
 tioned received any answer thereto. No. 15 of 1914, s. 295. 
 
 PART X. 
 
 Registration Office and Fees. 
 296. The Commissioner may appoint such Assistant Appgntment 
 Registrars, clerks, and servants as may be deemed necessary for 
 the registration of companies under this Ordinance, and the 
 
214 
 
 Chap. 18. 
 
 Companies. 
 
 Inspection of 
 
 documents. 
 
 Copies. 
 
 Copies. 
 
 Fees. 
 
 carrying out of such other duties as may be imposed upon them, 
 and may make regulations with respect to their duties and 
 may remove any persons so appointed. 
 
 2. The Commissioner may direct a seal or seals to be pre- 
 pared for the authentication of documents required for or 
 connected with the registration of companies. 
 
 3. Any person may inspect the documents kept by the 
 Registrar on payment of such fees as may be appointed by 
 the Commissioner, not exceeding twenty-five cents for each 
 inspection; and any person may require a certificate of the 
 incorporation of any company, or a copy or extract of any 
 other docuirient or any part of any other document, to be 
 certified by the Registrar, on payment for the certificate, 
 certified copy, or extract of the prescribed fees, not exceeding 
 one dollar for a certificate of incorporation, and not exceeding 
 ten cents for each folio of a certified copy or extract. 
 
 4. A copy of or extract from any document kept and regis- 
 tered at the office of the registration of companies, certified 
 to be a true copy under the hand of the Registrar or a Deputy 
 or an Assistant Registrar (whose ofiicial position it shall not be 
 necessary to prove), shall, in all legal proceedings, be admissible 
 in evidence as of equal validity with the original document. 
 
 5. Whenever any act is by this Ordinance directed to 
 be done to or by the Registrar, it shall, until the Commissioner 
 otherwise directs, be done to or by the existing Registrar, or, 
 in his absence, to or by such person as the Commissioner may 
 for the time being authorize. No. 15 of 1914, s. 296. 
 
 29T. There shall be paid to the Registrar in respect 
 of the several matters mentioned in Table B in the first schedule 
 to this Ordinance the several fees therein specified, or such 
 smaller fees as the Commissioner may from time to time direct. 
 
 2. AH fees paid to the Registrar in pursuance of this Ordi- 
 nance shall be paid into the Territorial Treasury. No. 15 of 
 1914, s. 297. 
 
 PART XI. 
 
 Application of Ordinance to companies formed and 
 registered under former companies ordinances. 
 
 Application S98. In the application of this Ordinance to existing com- 
 to companies pa-^ies, it shall apply in the same manner in the case of a limited 
 formed under Company, other than a company limited by guarantee, as if 
 former the company had been formed and registered under this Ordi- 
 
 Ordmances. nance as a company limited by shares; in the case of a company 
 limited by guarantee, as if the company had been formed and 
 registered under this Ordinance as a company limited by guar- 
 antee; in the case of a company specially limited under the 
 provisions of Chapter 60 of the Consolidated Ordinances of 
 the Yukon Territory, 1902, as a company specially limited 
 under Fart V of this Ordinance, and in the case of a company. 
 
Com-panies. Chap. 18. 215 
 
 other than a hmited company, as if the company had been 
 formed and registered under this Ordinance as an unlimited 
 company : 
 
 Provided ,that reference, express or implied, to the date of 
 registration shall be construed as a reference to the date at which 
 the company was registered under the Acts or Ordinances, 
 as the case may be, under which it was registered. No. 15 of 
 1914, s. 298. 
 
 299. Save as hereinbefore provided, this Ordinance shall Application 
 apply to every company registered under any former pubhc f Ordinance 
 Act or Ordinance, in the same manner as it is hereinafter in reglstercT^* 
 this Ordinance declared to apply to companies registered but "°<i^'' former 
 not formed under this Ordinance. Ac"or"'^^ 
 
 Provided that reference, express or implied, to the date of Ordinances, 
 registration shall be construed as a reference to the date at 
 which the company was registered under the aforesaid Acts- 
 or Ordinances, as the case may be. No. 15 of 1914, s. 299. 
 
 SO®. Any existing company may causs its shares to be Mode of 
 transferred in manner hitherto in use, or in such other manner transferring 
 as the company may direct, and shall not require any greater ^ '^^^^' 
 number of shareholders than required by the Act or Ordinance 
 under which incorporated. 
 
 (a) Nothing in this Ordinance shall affect or shall be 
 deemed to affect pending litigation. No. 15 of 1914, 
 s. 300. 
 
 PART XII. 
 
 COMI'ANIES AUTH0RI7ED TO BEGISTER UNDER IHIS ORDINANCE. 
 
 301. With the exceptions and subject to the provisions Companies 
 mentioned and contained in this section, — he^z * ° 
 
 (a) Any company consisting of three or more members registered. 
 
 which was in existence on the first day of May, 1914; and 
 (6) Any company formed after the date aforesaid, whether 
 before or after the commencement of this Ordinance, 
 in pursuance of any Ordinance of the Council other 
 than this Ordinance, or of letters patent, or being other- 
 wise duly constituted by law, and consisting of five 
 or more members, — 
 may at any time register under this Ordinance as an unlimited 
 company, or as a company limited by shares, or as a company 
 limited by guarantee; and the registration shall not be invalid 
 by reason that it has taken place with a view to the company 
 being wound up. 
 2. Provided as follows: — 
 
 (c) A company having the liability of its members limited 
 by Ordinance of the Council or letters patent, and not 
 being a joint-stock company as hereinafter defined, shall 
 not register in pursuance of this section: 
 
216 
 
 Chap. 18. 
 
 Companies. 
 
 Definition of 
 ' 'joint-stock 
 company." 
 
 Require- 
 ments for 
 registration 
 by joint- 
 stock 
 companies. 
 
 id) A company having the liability of its members limited 
 by Ordinance of the Council or letters patent shall not 
 register in pursuance of this section as an unlimited 
 company or as a company limited by guarantee: 
 
 (e) A company that is not a joint-stock company as here- 
 inafter defined shall not register in pursuance of this 
 section as a company limited by shares: 
 
 (f) A company shall not register in pursuance of this 
 section without the assent of a majority of such of its 
 members as are present in person or by proxy (in cases 
 where proxies are allowed by the regulations of the 
 company) at a general meeting summoned for the pur- 
 pose: 
 
 (g) "Where a company not having the liability of its mem- 
 bers limited by Ordinance of the Council or letters 
 patent is about to register as a limited company, the 
 majority required to assent as aforesaid shall consist 
 of not less than three-fourths of the members present 
 in person or by proxy at the meeting: 
 
 {h) Where a company is about to register as a company 
 limited by guarantee, the assent to its being so registered 
 shall be accompanied by a resolution declaring that 
 each member undertakes to contribute to the assets 
 of the company, in the event of its being wound up while 
 he is a member, or within one year afterwards, for pay- 
 ment of the debts and liabilities of the company contracted 
 before he ceased to be a member, and of the costs and 
 expenses of winding up, for the adjustment of the rights 
 of the contributories among themselves, such amount 
 as may be required, not exceeding a specified amount. 
 3. In computing any majority under this section when a 
 poll is demanded, regard shall be had to the number of votes to 
 which each member is entitled according to the regulations of 
 the company. No. 15 of 1914, s. 301. 
 
 303. For the purposes of this Part of this Ordinance, as far 
 as relates to registration of companies as companies limited by 
 shares, a " joint-stock company " means a company having a 
 permanent paid-up or nominal share capital of fixed amount, 
 divided into shares, also of fixed amount, or held and transfer- 
 able as stock, or divided and held partly in one way and partly 
 in the other, and formed on the principle of having for its 
 members fhe holders of those shares or that stock, and no 
 other persons; and such a company when registered with 
 limited liability under this Ordinance shall be deemed to be_a 
 company limited by shares. No. 15 of 1914, s. 302. 
 
 303. Before the registration in pursuance of this Part of 
 this Ordinance of a joint-stock company there shall be delivered 
 to the Registrar the following documents, that is to say: — ■ 
 
 (1.) A list showing the names, addresses, and occupations 
 of all persons who on a day named in the list, not being 
 more than six clear days before the day of registration, 
 were members of the company, with the addition of the 
 
Companies. Chap. 18. 217 
 
 shares or stock held by them respectively, distinguishing, 
 in cases where the shares are numbered, each share by 
 its number; 
 (2.) A copy, of any private Ordinance of the Council, Royal 
 charter, letters patent, deed of settlement, contract of 
 copartnery, memorandum and articles of association and 
 by-laws, or any other instrument constituting or regula- 
 ting the company; and 
 (3.) If the company is intended to be registered as a limited 
 company, a statement specifying the following particu- 
 lars, that is to say: — 
 
 (a) The nominal share capital of the company and the 
 number of shares into which it is divided, or the amount 
 of stock of which it consists; 
 
 (6) The number of shares taken and the amount paid 
 on each share ; 
 
 (c) The name of the company, with the addition of 
 the word " limited " as the last word thereof; and 
 
 (d) In the case of a company intended to be registered 
 as a company limited by guarantee, the resolution de- 
 claring the amount of the guarantee. No. 15 of 1914 
 s. 303. 
 
 j.u-*^*j- -^^^^^^ *^® registration in pursuance of this Part of Requh-e- 
 this Ordinance of any company not being a ioint-stock companv ,™^°*^ . 
 there shall be delivered to the Registrar— tiln^^ 
 
 (1.) A list showing the names, addresses, and occupations other than 
 of the directors or other managers (if any) of the com- iommS 
 pany; and 
 (2.) A copy of any Ordinance of the Council, letters patent, 
 deed of settlement, contract of copartnery, or other 
 instrument constituting or regulating the company; and 
 (3.) In the case of a company intended to be registered as 
 a company limited by guarantee, a copy of the resolution 
 declaring the amount of the guarantee. Nov. 15 of 1914, 
 s. 304. 
 
 305. The lists of members and directors and any other Authentica- 
 particulars relating to the company required to be delivered to m°ente of**^ 
 the Registrar shall be verified by a statutory declaration of any existing 
 two or more directors or other principal officers of the company, ''ompanies- 
 No. 15 of 1914, s. 305. 
 
 306. The Registrar may require such evidence as he thinks Registrar, 
 necessary for the purpose of satisfying himself whether any ^iden^^ 
 company proposing to be registered is or is not a joint-stock to "ature of 
 company as hereinbefore defined. No. 15 of 1914, s. 306. company. 
 
 SOT. No fees shall be charged in respect of the registration fertSn''"" "^ 
 in pursuance of this Part of this Ordinance of a company if it companies 
 has already paid the same fees as if it had originally been regis- ^°™ ^fees. 
 tered under this Ordinance, otherwise the same fees shall be 
 paid as are payable by a company registering under this Ordi- 
 nance. No. 15 of 1914, s. 307. 
 
218 
 
 Addition of 
 "limited" 
 to name. 
 
 Certificate 
 of registra- 
 tion of 
 existing 
 companies. 
 
 Chap. 18. 
 
 Companies. 
 
 Vesting of 
 property on 
 
 registration. 
 
 Saving for 
 
 existing 
 
 Uabilitie.s. 
 
 Continuation 
 of exiatins 
 actions. 
 
 Effect of 
 registration 
 under. 
 Ordinance. 
 
 308. When a company registers in pursuance of this Part of 
 this Ordinance with limited hability, the word " limited " shall 
 form and be registered as part and the last word of its name. 
 No. 15 of 1914, s. 308. 
 
 3©9. On compliance with the requirements of this Part of 
 this Ordinance with respect to registration, and on payment of 
 such fees (if any) as are payable under Table B in the first 
 schedule to this Ordinance, the Registrar shall certify under 
 his hand that the company applying for registration is incor- 
 porated as a company under this Ordinance, and in the case of 
 a limited company that it is limited, and thereupon the company 
 shall be incorporated, and shall have perpetual succession and a 
 common seal, with power to hold lands. No. 15 of 1914, s. 309. 
 
 310. All property, real and personal (including things in 
 action), belonging to or vested in a company at the date of its 
 registration in pursuance of this Part of this Ordinance shall, 
 on registration, pass to and vest in the company as incorporated 
 under this Ordinance for all the estate and interest of the company 
 therein. No. 51 of 1914, s. 310. 
 
 311. Registration of a company in pursuance of this Part 
 of this Ordinance shall not affect the rights or liabilities of the 
 company in respect of any debt or obligation incurred, or any 
 contract entered into, by, to, with, or on behalf of the company 
 before registration. No. 15 of 1914, s. 311. 
 
 31 S. All actions and other legal proceedings which at the 
 time of the registration of the company in pursuance of this 
 Part of this Ordinance are pending by or against the company, 
 or the public officer or any member thereof, may be continued 
 in the same manner as if the registration had not taken place; 
 nevertheless, execution shall not issue against the effects of an 
 individual member of the company on any Judgment, decree, or 
 order obtained in any such action or proceeding; but, in the 
 event of the property and effects of the company being in- 
 sufficient to satisfy the judgment, decree, or order, an order 
 may be obtained for winding up the companjr. No. 15 of 1914, 
 s. 312. 
 
 313. When a company is registered in pursuance of this Part 
 of this Ordinance, — 
 
 (1.) All provisions contained in any Ordinance of the 
 Council, deed of settlement, contract of copartnery, 
 letters patent, or other instrument constituting or regu- 
 lating the company, including, in the case of a company 
 registered as a company limited by guarantee, the resolu- 
 tion declaring the amount of the guarantee, shall be deemed 
 to be conditions and regulations of the company, in the 
 same manner and with the same incidents as if so much 
 thereof as would, if the company had been formed under 
 this Ordinance, have been required to be inserted in the 
 memorandum were contained in a registered memorandum, 
 and the residue thereof were contained in registered articles : 
 
Companies. Chap. 18. 219 
 
 (2.) All the provisions of this Ordinance shall apply to the 
 company, and the members, contributories, and creditors 
 thereof, in the same manner in all respects as if it had 
 been formed under this Ordinance, subject as follows, 
 that is to say: — 
 
 (a) The regulations in Table A in the first schedule 
 to this Ordinance shall not apply unless adopted by 
 special resolution; 
 
 (&) The provisions of this Ordinance, relating to the 
 numbering of shares shall not apply to any joint-stock 
 company whose shares are not numbered; 
 
 (c) Subject to the provisions of this section, the company 
 shall not have power to alter any provision contained 
 in any Ordinance of the Council, relating to the com- 
 pany; 
 
 (d) Subject to the provisions of this section, the com- 
 pany shall not have power, without the sanction of the 
 Commissioner, to alter any provision contained in any 
 letters patent relating to the company; 
 
 (e) The company shall not have power to alter any 
 provision contained in a Royal charter, or letters patent 
 with respect to the object of the company; 
 
 (/) In the event of the company being wound up, 
 every person shall be a contributory, in respect of the debts 
 and liabilities of the {company contracted before registra- 
 tion, who is liable to pay or contribute to the payment of 
 any debt or liabihty of the company contracted before 
 registration, or to pay or contribute to the payment of 
 any sum for the adjustment of the rights of the members 
 among themselves in respect of any such debt or liability; 
 or to pay or contribute to the payment of the costs and 
 expenses of winding-up the company, so far as relates to 
 such debts or liabilities as aforesaid; and every contribu- 
 tory shall be liable to contribute to the assets of the 
 company, in the course of the winding-up, all sums due 
 from him in respect of any such liability as aforesaid; 
 and, in the event of the death of any contributory, the 
 provisions of this Ordinance with respect to the personal 
 representatives, heirs, and devisees of deceased contribu- 
 tories shall apply: 
 (3.) The provisions of this Ordinance with respect to — • 
 
 (a) The registration of an unlimited company as lim- 
 ited; 
 
 (6) The powers of an unlimited company on registration 
 as a limited company to increase the nominal amount of 
 its share capital and to provide that a portion of its 
 share capital shall not be capable of being called up 
 €xcept in the event of winding-up; 
 
 (c) The power of a limited company to determine that 
 a. portion of its share capital shall not be capable of 
 being called up except in the event of winding-up, — 
 shall apply, notwithstanding any provisions contained in 
 any Ordinance^ of the Council, Royal charter, deed of 
 
220 
 
 Chap. 18. 
 
 Companies. 
 
 settlement, contract of copartnery, letters patent, or 
 other instrument constituting or regulating the com- 
 pany : 
 
 (4.) Nothing in this section shall authorize the company 
 to alter any such provisions contained in any deed of 
 settlernent, contract of copartnery, lettsrs patent, or 
 other instrument constituting or regulating the company, 
 as would, if the company had originally been formed 
 uiider this Ordinance, have been required to be con- 
 tained in the memorandum and are not authorized to be 
 altered by this Ordinance : 
 
 (5.) Nothing in this Ordinance shall derogate from any 
 power of altering its constitution or regulations which 
 may, by virtue of any Ordinance of the Council, deed of 
 settlement, contract of copartnery, letters patent, or 
 other instrument constituting or regulating the company, 
 be vested in the company. No. 15 of 1914, s. 313. 
 
 ^Trt*? 314. Subject to the provisions of this section, a company 
 
 memorandum registered in pursuance of this Part of this Ordinance may, by 
 and articles special resolution, alter the form of its constitution bj^ substitu- 
 settfemenf ^^^S ^ memorandum and articles for a deed of settlement. 
 
 2. The provisions of this Ordinance with respect to con- 
 firmation by the Court and registration of an alteration of the 
 objects of a company shall, so far as applicable, apply to an 
 alteration under this section, with the following modifications:— 
 (a)) There shall be substituted for the copy of the altered 
 memorandum required to be delivered to the Registrar 
 a copy of the substituted memorandum and articles; and 
 (b) On the registration of the alteration being certified by 
 the Registrar, the substituted memorandum and articles 
 shall apply to the company in the same manner as if it 
 were a company registered under this Ordinance with 
 that memorandum and those articles, and the company's 
 deed of settlement shall cease to apply to the company. 
 
 3. An alteration under this section may be made either 
 with or without any alteration of the objects of the company 
 under this Ordinance. 
 
 4. In this section the expression "deed of settlement" 
 includes any contract of copartnery or other instrument con- 
 stituting or regulating the company, not being an Ordinance 
 of the Council, a Royal charter or letters patent. No. 15 of 
 1914, s. 314. 
 
 Power of 
 Court to 
 stay or 
 restrain 
 proceedings. 
 
 315. The provisions of this Ordinance with respect to 
 staying and restraining actions and proceedings against a 
 company at any time after the presentation of a petition for 
 winding-up and before the making of a winding-up order shall, 
 in the case of a company registered in pursuance of this Part 
 of this Ordinance, where the application to stay or restrain 
 is by a creditor, extend to actions and proceedings against 
 any contributory of the company. No. 15 of 1914, s. 315. 
 
Companies. Chap. 18. 221 
 
 316. Where an order has been made under this Ordinance Actions 
 
 stayed on 
 up 
 
 for winding up a company registered in pursuance of this Part winding 
 of this Ordinance, no action or proceeding shall be commenced or order. 
 proceeded wiil; against the company or any contributory of 
 the company in respect of any debt of the companjr except 
 by leave of the Court, and subject to such terms as the Court may 
 impose. No. 15 of 1914, s. 316. 
 
 PART XIII. 
 
 Miscellaneous and Supplemental. 
 Legal Proceedings, Offences, etc. 
 
 317. All violations of the provisions of this Ordinance Prosecution 
 made punishable by any fine may be prosecuted under the °* off™ces. 
 provisions regarding summary convictions contained in Part X"\'' 
 of the Criminal Code. No. 15 of 1914, s. 317. 
 
 31 S. The Court imposing any fine under this Ordinance Court may 
 may direct that the whole or any part thereof be applied in or paymenro*" 
 towards payment of the costs of the proceedings, or in or costs: other- 
 towards the rewarding the person on whose information or at ^f"^ ''^y 
 whose suit the fine is recovered; and subject to any such xroa.sury. 
 direction all fines ujnder this Ordinance shall, notwithstanding 
 anything in any other Ordinance, be paid into the Territorial 
 Treasury. No. 15 of 1914, s. 318. 
 
 319. Where a limited company is plaintiff in any action insolvent 
 or other legal proceeding, any Judge having jurisdiction in the plaintiff, 
 matter may, if it appears by credible testimony that there is ol-dfr s"™^ 
 reason to believe that the company will be unable to pay the rity for costs. 
 costs of the defendant if successful in his defence, require 
 sufficient security to be given for those costs, and may stay all 
 proceedings u,ntil the security is given. No. 15 of 1914, s. 319. 
 
 3SO. If in any proceeding against a director, or person Keii<=i 
 occupying the position of director, of a company for negligence breach of 
 or breach of trust it appears to the Court hearing the case that trust. 
 the director or person is or may be liable in respect of the 
 negligence or breach of trust, but has acted honestly and reason- 
 ably, and ought fairly to be excused for the negligence or breach 
 of trust, that Court may relieve him, either wholly or partly, 
 from his liability on such terms as the Court may think proper. 
 No. 15 of 1914, s. 320. 
 
 321. If any person or persons trade or carry on business ^'o ono^to^^_ 
 wifhin the Territory under any name or title of which "limited" afpar^f " 
 is the last word, that person or those persons shall, unless duly name unless 
 incorporated with limited liabihty or licensed or registered, incorporated. 
 and entitled to use the word "limited" as the last word of 
 their name, be liable to a fine not exceeding twenty-five dollars 
 for every day upon which that name or title has been used. 
 No. 15of 1914, s. 321. 
 
222 
 
 Applicatlona 
 to the Court. 
 
 Chap. 18. 
 
 Companies. 
 
 Power to 
 adjourn. 
 
 Power to 
 relieve from 
 penalties. 
 
 Authentica- 
 tion of 
 documents 
 issued by 
 Commis- 
 
 Ordinances 
 repealed. 
 
 Saving 
 clause. 
 
 Application 
 
 of Part IX. 
 
 of this 
 
 Ordinance 
 
 to all 
 
 companies. 
 
 Disposition 
 
 by companies 
 
 under 
 
 repealed 
 
 Ordinances 
 
 332. All applications to the Court authorized by this 
 Ordinance in which the procedure is not otherwise prescribed 
 may, in all actions pending or other proceeding already in Court, 
 be made to the Court or to a Judge in Chambers by motion, and 
 in all other cases to a Judge in Chambers by petition. No. 15 
 of 1914, s. 322. 
 
 _ 323. A Judge in Chambers may adjourn any matter before 
 him into Court for further argument and consideration. No. 15 
 of 1914, s. 323. 
 
 324^. A Judge "in Chambers shall have power at any time 
 to remit or relieve from, either absolutely or upon condition, 
 any penalty imposed or to which a company may be hable 
 for the infraction of this Ordinance. No. 15 of 1914, s. 324. 
 
 Authe7itication of Documents issued by the Commissioner. 
 
 325. Any approval, sanction, or license, or revocation of 
 license, which under this Ordinance may be given or made by 
 the Commissioner may be under the hand of any person author- 
 ized in that behalf by the Commissioner. No. 15 of 1914, s. 325. 
 
 Repeal of Ordinances and Transitional Provisions. 
 
 320. The Ordinances following are herel>y repealed: — 
 
 Chapter 57 of the Consolidated Ordinances of the Yukon 
 Territory, 1902, being The Companies Ordinance. 
 
 Chapter 58 of the Consolidated Ordinances of the Yukon 
 Territory, 1902, being An Ordinance to auUwrize the 
 changing of the names of Incorporated Companies. 
 
 Chai^ter 59 of the Consolidated Ordinances of the Yukon 
 Territory, 1902, being The Foreign Companies Ordin- 
 ajice. 
 
 Chapter 60 of the Consolidated Ordinances of the Yukon 
 Territory, 1902, being An Ordinance respecting Mining 
 Companies. 
 
 Chapter 3 of the Ordinances of the Yukon Territory, 1909, 
 being An Ordinance to amend The Companies Ordinance.^ 
 2. The repeal of the Ordinances mentioned in this section 
 shall be subject to the following provisos: — 
 
 (a) That such repeal shall not be held or taken to in any 
 way alter, limit, or affect the corporate existence, rights, 
 privileges, powers, and liabilities of any company incor- 
 porated under the said repealed Ordinances, or any or 
 either of them: 
 
 (6) That the provisions of Part IX of this Ordinance shall 
 apply to every company incorporated under the said 
 repealed Ordinances, or any or either of them; and 
 
 (c) That every company incorporated under the said 
 repealed Ordinances, or any or either of them, may 
 dispose of the whole or any portion of its assets, rights, 
 powers, privileges, and franchise by resolution duly 
 passed to such effect at a general or special meeting of 
 the shareholders representing at least two-thirds in 
 
Companies. Chap. 18. 223 
 
 value of the paid-up capital of the company, which of assets, 
 meeting shall be held in the city, town, or district where resoiutfon. 
 the company has its chief place of business in the Terri- 
 tory: Provided always that at least one month's notice 
 of such meeting, signed by the secretary, or, in the event 
 of his death or absence, by the acting-secretary, or if there 
 be neither secretary nor acting-secretary, then by one 
 of the Trustees, shall be published in at least four issues 
 of the Gazette and of some newspaper published in the 
 city, town, or district aforesaid: Provided always that 
 nothing herein contained shall be construed or allowed 
 to prejudice any claim against the corporation: 
 Provided also that the power hereby conferred shall be deemed Construotibn 
 to be enabling and not imperative, and shall in nowise limit, on repeal^ 
 control or affect any pow:er of sale vested in any company incor- clause. 
 porated under the repealed Ordinances by its memorandum 
 of association, or any provisions or conditions as to the exercise 
 of such power contained in its articles of association or by-laws. 
 No. 15 of 1914, s. 326. 
 
 337. Where any repealed enactment is mentioned or Reference to 
 referred to in any document, that document shall be read as documents, 
 if the corresponding provision (if any) of this Ordinance were 
 therein mentioned or referred to and substituted for the repealed 
 enactment. No. 15 of 1914, s. 327. 
 
 328. The provisions of this Ordinance, with respect to Saving of 
 Winding-up shall not apply to any company of which the proceedings 
 winding-up has commenced before the first day of May, 1914, for 
 but every such company shall be wound up in the same manner i^inding-up. 
 and with the same incidents as if this Ordinanca had not passed, 
 and, for the purposes of the winding-up, the Ordinance or 
 Ordinances under which the winding-up commenced shall be 
 deemed to remain in full force. No. 15 of 1914, s. 328. 
 
 339. Every conveyance, mortgage, or other deed 'made Saving of 
 before the first day of May, 1914, in pursuance of any enact- ^''^'^^■ 
 ment repealed by this Ordinance, shall be of the same force 
 as if that Ordinance had not passed, and for the purposes of 
 that deed the repealed enactment shall be deemed to remain 
 in full force. No. 15 of 1914, s. 329. 
 
 Offices. 
 
 330. Registers of companies kept in any existing office 2^|^^°s^ ^^ 
 shall be deemed part of the registers of companies to be kept "ontfnued. " 
 under this Ordinance. No. 15 of 1914, s. 330. 
 
 Rules and Regulations. 
 
 331. The Commissioner may from time to time make rules ^"^^""jljjjgg 
 and regulations for carrying out the purpose of this Ordinance, "''' ° 
 including matters in respect whereof no express or only partial 
 
 or imperfect provision has been made. No. 15 of 1914, s. 331. 
 
224 
 
 Power to 
 make rules. 
 
 Sections 34, 
 74. 83, 119, 
 and 120 
 amdicable 
 toaU 
 
 companies. 
 Date of 
 coming into 
 force. 
 
 Chap. 18. 
 
 Companies. 
 
 332. Subject to this Ordinance and to any rules made by 
 the Commissioner, the Registrar may make rules and regulations 
 tor the management of his office and the conduct of business 
 therein. No. 15 of 1914, s. 332. 
 
 333. Sections 34, 74, 83, 119, and 120 of this Ordinance 
 shall apply to all companies heretofore or hereafter incorporated 
 u ,.,. ^ ,. .,, ^ ., „ 15 of 1914, s. 333. 
 
 by any public Ordinance of the Council. No. 
 
 334. This Ordinance shall come into force on the first day 
 of May, A.D. 1914. No. 15 of 1914, s. 334. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Table A. 
 
 Regulations for Management of a Company Limited by 
 
 Shares. 
 
 Preliminary. . 
 
 1. In these regulations, unless the context otherwise requires, 
 expressions defined in the Companies Ordinance, or any statutory 
 modification thereof in force at the date at which these regula- 
 tions become binding on the company, shall have the meanings 
 so defined; and words importing the singular shall include the 
 plural, and vice versa, and words importing the masculine 
 gender shall include females, and words importing persons 
 shall include bodies corporate. 
 
 Business. 
 
 2. The directors shall have regard to the restrictions on the 
 commencement of business imposed by section 96 of the 
 Companies Ordinance, if, and so far as, those restrictions are 
 binding upon the company. 
 
 Shares. 
 
 3. Subject to the provisions (if any) in that behalf of the 
 memorandum of association of the company, and without 
 prejudice to any special rights previously conferred on the 
 holders of existing shares in the company, any share in the 
 company may be issued with such preferred, deferred, or other 
 special rights or such restrictions, whether in regard to dividend, 
 voting, return of share capital, or otherwise, as the company 
 may from time to time by special resolution determine. 
 
Companies. Chap. 18. 225 
 
 4. If at any time the share capital is divided into different 
 classes of shares, the rights attached to any class (unless other- 
 wise provided by the terms of issue of the shares of that class) 
 may be varied with the consent in writing of the holders of 
 three-fourths of the issued shares of that class, or with the 
 sanction of an extraordinary resolution passed at a separate 
 general meeting of the holders of the shares of the class. To 
 every such separate general meeting the provisions of these 
 regulations relating to general meetings, shall, mutatis mutandis, 
 apply, but so that the necessary quorum shall be two persons 
 at least holding or representing by proxy one-third of the issued 
 shares of the class. 
 
 5. No share shall be offered to the public for subscription 
 except upon the terms that the amount payable on application 
 shall be at least five per cent of the nominal amount of the 
 share; and the directors shall, as regards any allotment of 
 shares, duly comply with such of the provisions of sections 94 
 and 97 of the Companies Ordinance as may be applicable thereto. 
 
 6. Every person whose name is entered as a member in the 
 register of members shall, without payment, be entitled to a 
 certificate under the common seal of the company specifying 
 the share or shares held by him and the amount paid up thereon; 
 provided that, in respect of a share or shares held jointly by 
 several persons, the company shall not be bound to issue more 
 than one certificate, and delivery of a certificate for a share 
 to one of several joint holders shall be sufficient "delivery to all. 
 
 T. If a share certificate is defaced, lost, or destroyed, it may 
 be renewed on payment of such fee (if any), not exceeding 
 twenty-five cents, and on such terms (if any) as to evidence 
 and indemnity as the directors think fit. 
 
 8. No part of the funds of the company shall be employed 
 in the purchase of, or in loans upon the security of, the com- 
 pany's shares. 
 
 Lien. 
 
 O. The company shall have a lien on every share (not being a 
 fully paid share) for all moneys (whether presently payable or 
 not) called or payable at a fixed time in respect of that share, 
 and the company shall also have a lien on all shares (other 
 than fully paid shares) standing registered in the name of a 
 single person for all moneys presently payable by him or his 
 estate to the company; but the directors may at any time 
 declare any share to be wholly or in part exempt from the 
 provisions of this clause. The company's lien (if any) on a 
 share shall extend to all dividends payable thereon. 
 
 lO. The company may sell, in such manner as the directors 
 think fit, any shares on which the company has a lien, but no 
 sale shall be made unless some sum in respect of which the 
 70263—15 
 
226 Chap. 18. Companies. 
 
 lien exists is presently payable, nor until the expiration of 
 fourteen days after a- notice in writing, stating, and demanding 
 payment of such part of the amount in respect of which the 
 lien exists as is presently payable, has been given to the regis- 
 tered holder for the time being of the share, or the person entitled 
 by reason of his death or bankruptcy to the share. 
 
 11. The proceeds of the sale shall be applied in payment 
 of such part of the amount in respect of which the lien exists 
 as is presently payable, and the residue shall (subject to a like 
 lien for sums not presently payable as existed upon the shares 
 prior to the sale) be paid to the person entitled to the shares at 
 the date of the sale. The purchaser shall be registered as the 
 holder of the shares, and he shall not be bound to see to the 
 application of the purchase money, nor shall his title to the 
 shares be affected by any irregularity or invalidity in the pro- 
 ceedings in reference to the sale. 
 
 Calls on Shares. 
 
 12. The directors may from time to time make calls upon 
 the members in respect of any moneys unpaid on their shares: 
 Provided that no call shall exceed one-fourth of the nominal 
 amount of the share, or be payable at less than one month from 
 the last call; and each member shall (subject to receiving at 
 least fourteen days' notice specifying the time or times of pay- 
 ment) pay to the company at the time or times so specified 
 the amount called on his shares. 
 
 13. The joint holders of a share shall be jointly and severally 
 liable to pay all calls in respect thereof. 
 
 14. If a sum called in respect of a share is not paid before or 
 on the day appointed for payment thereof, the person from 
 whom the sum is due shall pay interest upon the sum at the 
 rate of five per centum per annum from the day appointed 
 for the payment thereof to the time of the actual payment, 
 but the directors shall be at liberty to waive payment of that 
 interest wholly or in part. 
 
 15. The provisions of these regulations as to payment of 
 interest shall apply in the case of non-payment of any sum 
 which, by the terms of issue of a share, becomes payable at 
 a fixed time, whether on account of the amount of the share, 
 or by way of premium, as if the same had become payable 
 by virtue of a call duly made and notified. 
 
 16. The directors may make arrangments on the issue 
 of shares for a difference between the holders in the amount 
 of calls to be paid and in the times of payment. 
 
 17. The directors may, if they think fit, receive from any 
 member willing to advance the same all or any part of the 
 moneys uncalled and unpaid upon any shares held by him. 
 
Companies. Chap. 18. 227 
 
 and upon all or any of the moneys so advanced may (until the 
 same would, but for such advance, become presently payable) 
 pay interest at such rate (not exceeding, without the sanction 
 of the company in general meeting, six per cent) as may be 
 agreed upon between the member paying the sum in advance 
 and the directors. 
 
 Transfer and Transmission of Shares. 
 
 18. The instrument of transfer of any shares in the company 
 shall be executed both by the transferor and transferee, and 
 the transferor shall be deemed to remain a holder of the share 
 until the name of the transferee is entered in the register of 
 members in respect thereof. 
 
 19. Shares in the company shall be transferred in the following 
 form, or in any usual or common form which the directors shall 
 Approve : — 
 
 I, A. B., of , in consideration of the sum of $ 
 
 paid to me by C. D., of (hereinafter called "the said 
 
 transferee"), do hereby transfer to the said transferee the share 
 (or shares) numbered in the undertaking called the 
 
 Company, Limited, to hold unto the said transferee, his execu- 
 tors, administrators, and assigns, subject to the several con- 
 ditions on which I held the same at the time of the execution 
 hereof; and I, the said transferee, do hereby agree to take the 
 said share (or shares) subject to the conditions aforesaid. 
 
 As witness our hands the day of 
 
 Witness to the signatures of, etc. 
 
 20. The directors may decline to register any transfer of 
 shares not being fully paid shares, to a person of whom they 
 do not approve, and may also decline to register any transfer 
 of shares on which the company has a lien. The directors 
 may also suspend the registration of transfers during the fourteen 
 days immediately preceding the ordinary general meeting in 
 each year. The directors may decline to recognize any instru- 
 ment of transfer unless — 
 
 (a) A fee not exceeding fifty cents is paid to the company 
 in respect thereof; and 
 
 (6) The instrument of transfer is accompanied by the cer- 
 tificate of the shares to which it relates, and such other 
 evidence as the directors may reasonably require to show 
 the right of the transferor to make the transfer. 
 
 31. The executors or administrators of a deceased sole holder 
 of a share shall be the only persons recognized by the company 
 as having any title to the share. In the case of a share regis- 
 tered in the names of two or more holders, the survivors or 
 survivor, or the executors or administrators of the deceased 
 survivor, shall be the only persons recognized by the company 
 as having any title to the share. 
 
 22, Any person becoming entitled to a share in consequence 
 of the death or bankruptcy of a member shall, upon such evi- 
 70263—151 
 
228 Chap. 18. Companies. 
 
 dence being produced as may from time to time be required by 
 the directors, have the right either to be registered as a member 
 in respect of the share, or, instead of being registered himself, to 
 make such transfer of the share as the deceased or bankrupt 
 person could have made; but the directors shall, in either case, 
 have the same right to decline or suspend registration as they 
 would have had in the case of a transfer of the share by the 
 deceased or bankrupt person before the death or bankruptcy. 
 
 33. A person becoming entitled to a share by reason of the 
 death or bankruptcy of the holder shall be entitled to the same 
 dividends and other advantages to which he would be entitled 
 if he were the registered holder of the share, except that he shall 
 not, before being registered as a member in respect of the share, 
 be entitled in respect of it to exercise any right conferred by 
 membership in relation to meetings of the company. 
 
 Forfeiture of Shares. 
 
 24. If a member fails to pay any call or instalment of a call 
 on the day appointed for the payment thereof, the directors may, 
 at any time thereafter during such time as any part of such call 
 or instalment remains unpaid, serve a notice on him requiring 
 payment of so much of the call or instalment as is unpaid, to- 
 gether with any interest which may have accrued. 
 
 25. The notice shall name a further day (not earlier than 
 the expiration of fourteen days from the date of the notice) on 
 or before which the payment required by the notice is to be 
 made,. and shall state that in the event of non-payment at or 
 before the time appointed the shares in respect of which the 
 call was made will be liable to be forfeited. 
 
 26.. If the requirements of any such notice as aforesaid are 
 not complied with, any share in respect of which the notice has 
 been given may at any time thereafter, before the payment 
 required by the notice has been made, be forfeited by a reso- 
 lution of the directors to that effect. 
 
 27. A forfeited share may be sold or otherwise disposed of 
 on such terms and in such manner as the directors think fit, and 
 at any time before a sale or disposition the forfeiture may be 
 cancelled on such terms as the directors think fit. 
 
 28. A person whose shares have been forfeited shall cease to 
 be a member in respect of the forfeited shares, but shall, not- 
 withstanding remain liable to pay to the company all moneys 
 which, at the date of forfeiture, were presently payable by him 
 to the company in respect of the shares, but his liability shall 
 cease if and when the company receives payment in full of the 
 nominal amount of the shares. 
 
 29. A statutory declaration in writing that the declarant is 
 a director of the company, and that a share in the company has 
 
Companies. Chap. 18. 22,@i 
 
 been duly forfeited on a date stated in the declaration, shall be 
 conclusive evidence of the .facts therein stated as against all . 
 persons claiming to be entitled to the share^ and that declaration, 
 and the receipt of the company for the consideration (if any) 
 given for the share on the sale or disposition thereof, shall con-- 
 stitute a good title to the share, and the person to whom the 
 share is sold or disposed of shall be registered as the holder of the 
 share and shall not be bound to see to the application of the 
 purchase money (if any), nor shall his title to the share be 
 affected by any irregularity or invalidity in the proceedings in 
 reference to the forfeiture, sale, or disposal of the share. 
 
 3©. The provisions of these regulations as to forfeiture shall 
 apply in the case of non-payment of any sum which, by the 
 terms of issue of a share, becomes payable at a fixed time, 
 whether on account of the amount of the share or by way of 
 premium, as if the same had been payable by virtue of a call 
 duly made and notified. 
 
 Conversion of Shares into Stock. 
 
 31. The directors may, with the sanction of the company 
 previously given in general meeting, convert any paid-up shares 
 into stock, and may with the like sanction reconvert any stock 
 into paid-up shares of any denomination. 
 
 32. The holders of stock may transfer the same, or any part 
 thereof, in the same manner and subject to the same regulations 
 as, and subject to which, the shares from which the stock arose 
 might previously to conversion have been transferred, or as 
 near thereto as circumstances admit; but the directors may 
 from time to time fix the minimum amount of stock transferable, 
 and restrict or forbid the transfer of fractions of that minimum, 
 but the minimum shall not exceed the nominal amount of the 
 shares from which the stock arose. 
 
 33. The holders of stock shall, according to the amount of 
 the stock held by them, have the same rights, privileges, and 
 advantages as regards dividends, voting at meetings of the 
 company, and other matters as if they held the shares from 
 which the stock arose, but no such privilege or advantage (except 
 participation in the dividends and profits of the company) shall 
 be conferred by any such aliquot part of stock as would not, if 
 existing in shares, have conferred that privilege or advantage. 
 
 34. Such of the regulations of the company (other than 
 those relating to share warrants) as are applicable to paid-up 
 shares shall apply to stock, and the words " share " and "share- 
 holder " therein shall include " stock " and " stockholder." 
 
 Share Warrants. 
 
 35. The company may issue share warrants, and accordingly 
 the directors may in their discretion, with respect to any share 
 
230 Chap. 18. Companies. 
 
 which is fully paid up, on application in writing signed by the 
 person registered as holder of the share, and authenticated by 
 such_ evidence (if any) as the directors may from time to time 
 require as to the identity of the person signing the request, and 
 on receiving the certificate (if any) of the share, and such fee 
 as the directors may from time to time require, issue under the 
 company's seal a warrant, duly stamped, stating that the bearer 
 of the warrant is entitled to the shares therein specified, and 
 may provide by coupons or otherwise for the payment of divi- 
 dends, or other moneys, on the shares included in the warrant. 
 
 36. A share warrant shall entitle the bearer to the shares 
 included in it, and the shares shall be transferred by the delivery 
 of the share warrant, and the provisions of the regulations of 
 the company with respect to transfer and transmission of 
 shares shall not apply thereto. 
 
 37. The bearer of a share warrant shall, on surrender of 
 the warrant to the company for cancellation, and on payment 
 of such sum as the directors may from time to time prescribe, 
 be entitled to have his name entered as a member in the register 
 of members in respect of the shares included in the warrant. 
 
 38. The bearer of a share warrant may at any time deposit 
 the warrant at the office of the company, and so long as the 
 warrant remains so deposited the depositor shall have the same 
 right of signing a requisition for calling a meeting of the company, 
 and of attending and voting and exercising the other privileges 
 of a member at any meeting held after the expiration of two 
 clear days from the time of deposit, as if his name were inserted 
 in the register of members as the holder of the shares included in 
 the deposited warrant. Not more than one person shall be 
 recognized as depositor of the share warrant. The company 
 
 ■hall, on two days' written notice, return the deposited share 
 v.'arrant to the depositor. 
 
 39. Subject as herein otherwise expressly provided, no 
 person shall, as bearer of a share warrant, sign a requisition for 
 calling a meeting of the company, or attend, or vote, or exercise 
 any other privilege of a member at a meeting of the company 
 or be entitled to receive any notices from the company; but the 
 bearer of a share warrant shall been titled in all other respects, 
 to the same privileges and advantages as if he were named 
 in the register of members as the holder of the shares included 
 in the warrant, and he shall be a member of the company. 
 
 40. The directors may from time to time make rules as to 
 the terms on which (if they shall think fit) a new share warrant 
 or coupon may be issued by way of renewal in case of defacement, 
 loss, or destruction. 
 
Companies. Chap. 18. 231 
 
 Alteration of Capital. 
 
 41. The directors may, with the sanction of an extraordinary 
 resolution of the company, increase the share capital by such 
 sum, to be divided into shares of such amount, as the resolution 
 shall prescribe. 
 
 43. Subject to any direction to the contrary that may be 
 given by the resolution sanctioning the increase of share capital, 
 all new shares shall, before issue, be offered to such persons as 
 at the date of the offer are entitled to receive notices from the 
 company of general meetings in proportion, as nearly as the 
 circumstances admit, to the amount of the existing shares to 
 which they are entitled. The offer shall be made by notice 
 specifying the number of shares offered, and limiting a time 
 within which the offer, if not accepted, will be deemed to be 
 declined, and after the expiration of that time, or on the receipt 
 of an intimation from the person to whom the offer is made 
 that he declines to accept the shares offered, the directors may 
 dispose of the same in such manner as they think most beneficial 
 to the company. The directors may likewise so dispose of any 
 new shares which (by reason of the ratio which the new shares 
 bear to shares held by persons entitled to an offer of new 
 shares) cannot, in the opinion of the directors, be conveniently 
 offered under this article. 
 
 43. The new shares shall be subject to the same provisions 
 with reference to the payment of calls, lien, transfer, trans- 
 mission, forfeiture, and otherwise as the shares in the original 
 share capital. 
 
 44. The company may, by special resolution, — 
 
 (a) Consolidate and divide its share capital into shares of 
 larger amount than its existing shares : 
 
 (6) By subdivision of its existing shares, or any of them, 
 divide the whole or any part of its share capital into 
 shares of smaller amount than is fixed by the memoran- 
 dum of association, subject, nevertheless, to the provisions 
 of paragraph (d) of subsection (1) of section 48 of the 
 Companies Ordinance: 
 
 (c) Cancel any shares which, at the date of the passing of 
 the resolution, have not been taken or agreed to be taken 
 by any person : 
 
 (d) Reduce its share capital in any manner and with, and 
 subject to, any incident authorized, and consent required, 
 by law. 
 
 General Meetings. 
 
 45. The statutory general meeting of the company shall be 
 held within the period required by section 73 of the Companies 
 Ordinance. 
 
232 Chap. 18. Companies. 
 
 46. A general meeting shall be held once in every year at 
 such time (not being more than fifteen months after the holding 
 of the last preceding general meeting) and place as may be 
 prescribed by the company in general meeting, or, in default, 
 at such time in the month following that in which the anniversary 
 of the company's incorporation occurs, and at such place as the 
 directors shall appoint. In default of a general meeting being 
 so held, a general meeting shall be held in the month next follow- 
 ing, and may be convened by any two members in the same man- 
 ner as nearly as possible as that in which meetings are to 
 be convened by the directors. 
 
 4T. The above-mentioned general meetings shall be called 
 ordinary meetings; all other general meetings shall be called 
 extraordinary. 
 
 48. The directors may, whenever they think fit, convene an 
 extraordinary general meeting, and extraordinary general 
 meetings shall also be convened on such requisition, or, in default, 
 may be convened by such requisitions, as provided by section 74 
 of the Companies Ordinance. If at any time there are not 
 within the Territory sufficient directors capable of acting to 
 form a quorum, any director or any two members of the com- 
 pany may convene an extraordinary general meeting in the 
 same manner as nearly as possible as that in which meetings 
 may be convened by the directors. 
 
 Proceedings at General Meeting. 
 
 4f>. Seven days' notice at the least (exclu§ive of the day on 
 which the notice is served or deemed to be served, but inclusive 
 of the day for which notice is given), specifying the place, 
 the day, and the hour of meeting, and, in case of special business, 
 the general nature of that business, shall be given in manner 
 hereinafter mentioned, or in such other manner (if any) as 
 may be prescribed by the company in general meeting, to such 
 persons as are, under the regulations of the company, entitled 
 to receive such notices from the company; but the non-receipt 
 of the notice by any member shall not invalidate the proceed- 
 ings at any general meeting. 
 
 50. All business shall be deemed special that is transacted 
 at an extraordinary meeting, and all that is transacted at an 
 ordinary meeting, with the exception of sanctioning a dividend, 
 the consideration of the accounts, balance-sheets, and the 
 ordinary report of the directors and auditors the election of 
 directors and other officers in the place of those retiring by 
 rotation, and the fixing of the remuneration of the auditors. 
 
 51. No business shall be transacted at any general meeting 
 unless a quorum of members is present at the time when the 
 meeting proceeds to business; save as herein otherwise pro- 
 vided, three members personally present shall be a quorum. 
 
Companies. Chap. 18. 233 
 
 "53. If Avithin half an hour from the time appointed for 
 the meeting a quorum is not present, the meeting, if convened 
 upon the requisition of members, shall be dissolved; in any 
 other case it shall stand adjourned to the same day in the next 
 week, at the same time and place, and, if at the adjourned 
 meeting a quorum is not present within half an hour from the 
 time appointed for the meeting, the members present shall be 
 a quorum. 
 
 53. The chairman (if any) of the board of directors shall 
 preside as chairman at every general meeting of the company. 
 
 54. If there is no such chairman, or if at any meeting he is 
 not present within fifteeen minutes after the time appointed for 
 holding the meeting or is unwilling to act as chairman, the 
 members present shall choose some one of their number to be 
 chairman. 
 
 55. The chairman may, with the consent of any meeting at 
 which a quorum is present (and shall if so directed by the meet- 
 ing), adjourn the meeting from time to time and from place to 
 place, but no business shall be transacted at any adjourned 
 meeting other than the business left unfinished at the meeting 
 from which the adjournment took place. When a meeting 
 is adjourned for ten days or more, notice of the adjourned 
 meeting shall be given as in the case of an original meeting. 
 Save as aforesaid, it shall not be necessary to give any notice 
 of an adjournment or of the business to be transacted at an 
 adjourned meeting. 
 
 56. At any general meeting a resolution put to the vote of 
 the meeting shall be decided on a show of hands, unless a poll 
 is (before or on the declaration of the result of the show of 
 hands) demanded by at least three members, and, unless a 
 poll is so demanded, a declaration by the chairman that a 
 resolution has, on a show of hands, been carried, or carried 
 unanimously, or by a particular majority, or lost, and an 
 entry to that effect in the book of the proceedings of the com- 
 pany, shall be conclusive evidence of the fact, without proof of 
 the number or proportion of the votes recorded in favour of, 
 or against, that resolution. 
 
 57. If a poll is duly demanded it shall be taken in such 
 manner as the chairman directs, and the result of the poll shall be 
 deemed to be the resolution of the meeting at which the poll was 
 demanded. 
 
 58. In the case of an equality of votes, whether on a show of 
 hands or on a poll, the chairman of the meeting at which the 
 show of hands takes place or at which the poll is demanded 
 shall be entitled to a second or casting vote. 
 
 59. A poll demanded on the election of a chairinan, or 
 on a question of adjournment, shall be taken forthwith. A 
 
^4 Chap. IS. Companies. 
 
 poll demanded on any other question shall be taken at such 
 time as the chairman of the meeting directs. 
 
 Votes of Members. 
 
 60. On a show of hands every member present in person 
 shall have one vote. On a poll every member shall have one 
 vote for each share of which he is the holder. 
 
 61. In the case of joint holders the vote of the senior who' 
 tenders a vote, whether in person or by proxy, shall be accepted 
 to the exclusion of the votes of the other joint holders; and 
 for this purpose seniority shall be determined by the order in 
 which the names stand in the register of members. 
 
 62. A member of unsound mind, or in respect of whom an 
 order has been made by any Court having jurisdiction in lunacy 
 may vote, whether on a show of hands or on a poll, by his com- 
 mittee, curator bonis, or other person in the nature of a commit- 
 tee or curator bonis appointed by that Court and any such 
 committee, curator bonis, or other person may, on a poll, vote 
 by proxy. 
 
 63. No member shall be entitled to vote at any general 
 meeting unless all calls or other sums presently payable by 
 him in respect of shares in the company have been paid. 
 
 64. On a poll votes may be given* either personally or by 
 proxy. 
 
 65. The instrument appointing a proxy shall be in writing 
 under the hand of the appointor or of his attorney duly author- 
 ized in writing, or, if the appointor is a corporation, either 
 under the common seal or under the hand of an officer or attorney 
 so authorized. No person shall act as a proxy unless he is 
 entitled on his own behalf to be present and vote at the meeting 
 at which he acts as proxy, or he has been appointed to act at 
 that meeting as proxy for a corporation. 
 
 66. The instrument appointing a proxy and the power of 
 attorney or other authority (if any) under which it is signed, 
 or a notarially certified copy of that power or authority, ghall 
 be deposited at the registered office of the company not less 
 than forty-eight hours before the time for holding the meeting 
 at which the person named in the instrument proposes to vote, 
 and in default the instrument of proxy shall not be treated as 
 vahd. 
 
 67. An instrument appointing a proxy may be in the follow- 
 ing form, or in any other form which the directors shall approve : 
 
 Company, Limited. 
 I, , of , in the , being a member 
 
 of the Company, Limited, hereby appoint , of 
 
Companies. Chap. 18. 335 
 
 , as my proxy to vote for me and on my behalf at 
 the [ordinary or extraordinary, as the case may be] general 
 meeting of the company to be held on the day of 
 
 , and at any adjourment thereof. 
 Signed this day of 
 
 Directors. 
 
 _ 68. The number of the directors and the names of the first 
 directors shall be determined in writing by a majority of the 
 subscribers of the memorandum of association. 
 
 69. The remuneration of the directors shall from time to 
 time be determined by the company in general meeting. 
 
 70. The qualification of a director shall be the holding of at 
 least one share in the company, and it shall be his duty to comply 
 with the provisions of section 81 of the Companies Ordinance. 
 
 Powers and Duties of Directors. 
 
 Tl. The business of the company shall be managed by the 
 directors, who may pay all expenses incurred in getting up and 
 registering the company, and may exercise all such powers of 
 the company as are not, by the Companies Ordinance, or any 
 statutory modification thereof for the time being in force, or by 
 these articles, required to be exercised by the company in general 
 meeting, subject nevertheless to any regulation of these articles, 
 to the provisions of the said Ordinance, and to such regulations, 
 being not inconsistent with the aforesaid regulations or pro- 
 visions, as may be prescribed by the company in general meeting; 
 but no regulation made by the company in general meeting 
 shall invalidate any prior act of the directors which would have 
 been valid if that regulation had not been made. 
 
 72. The directors may from time to time appoint one or 
 more of their body to the office of managing director or manager 
 for such term and at such remuneration (whether by way of 
 salary, or commission, or participation in profits, or partly in 
 one way and partly in another) as they may think fit, and a 
 director so appointed shall not_, while holding that office, be 
 subject to retirement by rotation, or taken into account in 
 determining the rotation of retirement of directors; but his 
 appointment shall be subject to determination ipso facto if he 
 ceases from any cause to be a director, or if the company_ in 
 general meeting resolve that his tenure of the office of managing 
 director or manager be determined. 
 
 73. The amount for the time being remaining undischarged 
 of moneys borrowed or raised by the directors for the purposes 
 of the company (otherwise than by the issue of share capital) 
 shall not at any time exceed the issued share capital of the 
 company without the sanction of the company in general 
 meeting. 
 
236 Chap. 18. Companies. 
 
 74. The directors shall duly comply with the provisions of 
 the Companies Ordinance, or any statutory modification thereof 
 for the time being in force, and in particular with the provisions 
 in regard to the registration of the particulars of mortgages and 
 charges affecting the property of the company, or created by it, 
 and to keeping a register of the directors, and to sending to the 
 Registrar of Companies an annual hst of members, and a sum- 
 mary of particulars relating thereto, and notice of any consoli- 
 dation or increase of share capital or conversion of "shares into 
 stock, and copies of special resolutions, and a copy of the register 
 of directors and notifications of any changes therein. 
 
 75. The directors shall cause minutes to be made in books 
 provided for the purpose — 
 
 (a) Of all appointments of officers made by the directors; 
 (6) Oi the names of the directors present at each meeting 
 
 of the directors and of any committee of the directors; 
 (c) Of all resolutions and proceedings at all meetings of the 
 company, and of the directors, and of committees of 
 directors; 
 and every director present at any meeting of directors or com- 
 mittee of directors shall sign his name in a book to be kept for 
 that purpose. 
 
 The Seal. 
 
 76 . The seal of the company shall not be affixed to any 
 instrument except by the authority of a resolution of the board 
 of directors, and in the presence of at least two directors and of 
 the secretary or such other person as the directors may appoint 
 for the purpose; and these two directors and secretary or other 
 person as aforesaid shall sign every instrument to which the 
 seal of the company is so affixed in their presence. 
 
 Disqualifications of Directors. 
 
 77. The office of director shall be vacated if the director — 
 
 (a) Ceases to be a director by virtue of section 81 of the 
 Companies Ordinance; or 
 
 (b) Holds any other office of profit under the* company 
 ' except that of managing director or manager; or 
 
 (c) Becomes bankrupt; or 
 
 (d) Is found lunatic or becomes of unsound mind; or 
 
 (e) Is concerned or participates in the profits of any con- 
 tract with the company: 
 
 Provided, however, that no director shall vacate his office by 
 reason of his being a member of any company which has entered 
 into contracts with or done any work for the company of which 
 he is a director; but a director shall not vote in respect of any 
 such contract or work, and if he does so vote his vote shall not 
 be counted. 
 
Conpanies. Chap. 18. 237 
 
 Rotation of Directors. 
 
 78. At the first ordinary meeting of the company the whole 
 of the directors shall retire from ofl&ce, and at the ordinary 
 meeting in every subsequent year one-third of the directors for 
 the time being, or, if their number is not three or a multiple of 
 three, then the number nearest to one-third, shall retire from 
 office. 
 
 79. The directors to retire in every year shall be those who 
 have been longest in office since their last election, but as between 
 persons who became directors on the same day, those to retire 
 shall (unless they otherwise agree among themselves) be deter- 
 mined by lot. 
 
 80. A retiring director shall be eligible for re-election. 
 
 81 . The company at the general meeting at which a director 
 retires in manner aforesaid may fill up the vacated office by 
 electing a person thereto. 
 
 82. If at any meeting at which an election of directors ought 
 to take place the places of the vacating directors are not filled 
 up, the meeting shall stand adjourned till the same day in the 
 next week, at the same time and place, and, if at the adjourned 
 meeting the places of the vacating directors are not filled up, 
 the vacating directors, or such of them as have not had their 
 places filled up, shall be deemed to have been re-elected at the 
 adjourned meeting. 
 
 83. The company may from time to time in general meeting 
 increase or reduce the number of directors, and may also deter- 
 mine in what rotation the increased or reduced number is to 
 go out of office. 
 
 84. Any casual vacancy occurring in the board of directors 
 may be filled up by the directors but the person so chosen shall 
 be subject to retirement at the same time as if he had become a 
 director on the day on which the director in whose place he is 
 appointed was last elected a director. 
 
 85. The directors shall have power at any tiine, and from time 
 to time, to appoint a person as an additional director who shall 
 retire from office at the next following ordinary general meeting, 
 but shall be eligible for election by the company at that meeting 
 as an additional director. 
 
 86. The company may by extraordinary resolution remove 
 any director before the expiration of his period of office, and 
 may by an ordinary resolution appoint another person in his 
 stead; the person so appointed shall be subject to retirement 
 
 V at the same time as if he had become a director on the day on 
 which the director in whose place he is appointed was last 
 elected a director. 
 
238 Chap. 18. Companies. 
 
 Proceedings of Directors. 
 
 87. The directors may meet together for the despatch of 
 business, adjourn and otherwise regulate their meetings, as 
 they think fit. Questions arising at any meeting shall ■ be 
 decided by a majority of votes. In case of an equality of 
 votes the chairman shall have a second or casting vote. A 
 director may, and the secretary on the requisition of a director 
 shall, at any time summon a meeting of the directors. 
 
 88. The quorum necessary for the transaction of the business 
 of the directors may be fixed by the directors, and unless so 
 fixed shall (when the number of directors exceeds three) be three. 
 
 89. The continuing directors may act notwithstanding any 
 vacancy in their body, but, if and so long as their number is 
 reduced below the number fixed by or pursuant to the regula- 
 tions of the company as the necessary quorum of directors, the 
 continuing directors may act for the purpose of increasing the 
 number of directors to that number, or of summoning a general 
 meeting of the company, but for no other purpose. 
 
 90. The directors may elect a chairman of their meetings 
 and determine the period for which he is to hold office; but, if 
 no such chairman is elected, or if at any meeting the chairman 
 is not present within five minutes after the time appointed for 
 holding the same, the directors present may choose one of 
 their number to be chairman of the meeting. 
 
 91. The directors may delegate any of their powers to commit- 
 tees consisting of such member or members of their body as 
 they think fit; any committee so formed shall in the exercise 
 of the powers so delegated conform to any regulations that may 
 be imposed on them by the directors. 
 
 92. A committee may elect a chairman of their meetings; if 
 no such chairman is elected, or if at any meeting the chairman 
 is not present within five minutes after the time appointed for 
 holding the same, the members present may choose one of their 
 number to be chairman of the meeting. 
 
 93. A committee may meet and adjourn as they think proper. 
 Questions arising at any meeting shall be determined by a 
 majority of votes of the members present, and in case of an 
 equality of votes the chairman shall have a second or casting 
 vote. 
 
 94. All acts done by any meeting of the directors or of a 
 committee of directors, or by any person acting as a director 
 shall, notwithstanding that it be afterwards discovered that there 
 was some defect in the appointment of any such directors or, 
 persons acting as aforesaid, or that they or any of them were 
 disqualified, be as valid as if every such person had been duly 
 appointed and was qualified to be a director. 
 
Companies. Chap. 18. 239 
 
 dividends and Reserve. 
 
 95. The company in general meeting may declare dividends, 
 but no dividend shall exceed the amount recommended by the 
 directors. 
 
 96. The directors may from time to time pay to the members 
 such interim dividends as appear to the directors to be justified 
 by the profits of the company. 
 
 97. No dividend shall be paid otherwise than out of profits. 
 
 98. Subject to the rights of persons (if any) entitled to 
 shares with special rights as to dividends, all dividends shall be 
 declared and paid according to the amounts paid on the shares; 
 but if, and so long as nothing is paid up on any of the shares in 
 the company, dividends may be declared and paid according 
 to the amounts of the shares. No amount paid on a share in 
 advance of calls shall, while carrying interest, be treated for 
 the purposes of this article as paid on the share. 
 
 99. The directors may, before recommending any dividend 
 set aside out of the profits of the company such sums as they 
 think proper as a reserve or reserves, which shall, at the discre- 
 tion of the directors, be applicable for meeting contingencies, 
 or for equalizing dividends, or for any other purpose to which 
 the profits of the company may be properly applied, and 
 pending such application may, at the like discretion, either 
 be employed in the business of the company or be invested in 
 such investments (other than shares of the company) as the 
 directors may from time to time think fit. 
 
 100. If several persons are registered as joint holders of 
 any share, any one of them may give effectual receipts for 
 any dividend payable on the share. 
 
 101. Notice of any dividend that may have been declared 
 shall be given in manner hereinafter mentioned to the persons 
 entitled to share therein. 
 
 103. No dividend shall bear interest against the company. 
 
 Acc&unts. 
 
 103. The directors shall cause true accounts to be kept — 
 Of the sums of money received and expended by the com- 
 pany and the matter in respect of which such receipt 
 and expenditure takes place: and 
 
 Of the assets and liabilities of the company. 
 
 104. The books of account shall be kept at the registered 
 office of the company, or at such other place or places as the 
 directors think fit, and shall always be open to the inspection 
 of the directors. 
 
240 Chap. 18. Companies. 
 
 105. The directors shall from time to time determine 
 whether and to what extent and at what times and places and 
 under what conditions or regulations the accounts and books 
 of the company or any of them shall be open to the inspection 
 of members not being directors, and no member (not being a 
 director) shall have any right of inspecting any account or 
 book or document of the company except as conferred by Ordi- 
 nance or authorized by the directors or by the company in general 
 meeting. 
 
 106. Once at least in every year the directors shall lay 
 before the company in general meeting a profit and loss account 
 for the period since the preceding account or (in the case of 
 the first account) since the incorporation of the company, 
 made up to a date not more than six months before such meeting. 
 
 lOT. A balance-sheet shall be made out in every year and 
 laid before the company in general meeting made up to a date 
 not more than six months before such meeting. The balance- 
 sheet shall be accompanied by a report of the directors as to 
 the state of the company's affairs, and the amount which 
 they recommend to be paid by way of dividend, and the amount 
 (if any) which they propose to carry to a reserve fund. 
 
 108. A copy of the balance-sheet and report shall, seven 
 days previously to the meeting, be sent to the persons entitled 
 to receive notices of general meetings in the manner in which 
 notices are to be given hereunder. 
 
 Audit. 
 
 109. Auditors shall be appointed and their duties regulated 
 in accordance with sections 119 and 120 of the Companies 
 Ordinance or any statutory modification thereof for the time 
 being in force. 
 
 Notices. 
 
 110. A notice may be given by the company to any member 
 either personally or by sending it by post to him to his registered 
 address, or (if he has no registered address in the Yukon Terri- 
 tory) to the address (if any) within the said Territory supplied 
 by him to the company for the giving of notices to him. 
 
 Where a notice is sent by post, ser-vice of the notice shall be 
 deemed to be effected by properly addressing, prepaying, and 
 posting a letter containing the notice, and, unless the contrary 
 is proved, to have been effected at the time at which the letter 
 would be delivered in the ordinary course of post. 
 
 111. If a member has no registered address in the Yukon 
 Territory and has not supplied to the company an address 
 within the said Territory for the giving of notices to him, a 
 
Companies. Chap. 18. 241 
 
 notice addressed to him and advertised in a newspaper cir- 
 culating in the neighbourhood of the registered office of the 
 company shall be deemed to be duly given to him on the day 
 on which the advertisement appears. 
 
 113. A notice may be given by the company to the joint 
 holders of a share by giving the notice to the joint holder named 
 first in the register in respect of the share. 
 
 113. A notice may be given by the company to the persons 
 entitled to a share in consequence of the death or bankruptcy of 
 a member by sending it through the post in a prepaid letter 
 addressed to them by name, or by the title of representatives 
 of the deceased, or trustee of the bankrupt, or by any like 
 description, at the address (if any) in the Yukon Territory 
 supplied for the purpose by the persons claiming to be so entitled, 
 or (until such an address has been so supplied) by giving the 
 notice in any manner in which the same might have been given 
 if the death or bankruptcy had not occurred. 
 
 114. Notice of every general meeting shall be given in some 
 manner hereinbefore authorized to (a) every member of the 
 company (including bearers of share warrants) except those 
 members who (having no registered address within the Yukon 
 Territory) have not supplied to the company an address within 
 the said Territory for the giving of notices to them, and also 
 to (6) every person entitled to a share in consequence of the 
 death or bankruptcy of a member, who, but for his death or 
 bankruptcy, would be entitled to receive notice of the meeting. 
 No other persons shall be entitled to receive notices of general 
 meetings. 
 
 TABLE B. 
 
 Table of Fees to be paid to the Registrar of Joint-stock com- 
 panies by a Company having a Capital divided into Shares. 
 
 1 . For registration of a company whose nominal cap- 
 ital does not exceed $10,000, a fee of $100.00 
 
 2. For registration of a company whose nominal 
 capital exceeds $10,000, the above fee of $100, 
 with the following additional fees, regulated ac- 
 cording to the amount of nominal capital, that is 
 to say: — 
 
 For every $5,000 of nominal capital or part of 
 $5,000, after the first $10,000, up to 
 $25,000 $10.00 
 
 For every $5,000 of nominal capital, or 
 part of $5,000, after the first $25,000, 
 up to $200,000 $ 5 .00 
 
 70263—16 
 
242 Chap. 18. Companies. 
 
 For every $5,000 of nominal capital, or 
 part of $5,000, after the first $200,000 
 up to $500,000 $3.00 
 
 For every $5,000 of nominal capital, or 
 part of $5,000, after the first $500,000$ 1.25 
 
 3. For registration of any increase of capital made 
 after the first registration of the company, the same 
 fees per $5,000 or part of $5,000 as would have 
 peen payable if such increased capital had formed 
 part of the original capital at the time of registra- 
 tion. This provision shall apply to an extra-ter- 
 ritorial company licensed or registered which in- 
 creases its capital, excepting an insurance company. 
 
 4. For a license to or registration of any extra-terri- 
 torial company, the same fees as are payable for 
 incorporating a new company. In the case of an 
 extra-territorial company having a nominal capital 
 exceeding $450,000 which proves to the satisfaction 
 of the Registrar that it is actually carrying on an 
 established business beyond the Territory in which 
 at least fifty per cent of its subscribed capital is 
 invested, there shall be accepted in commutation 
 
 of the fees prescribed by this table a fee of . ... 250 . 00 
 
 5. For registration under this Ordinance of any exist- 
 ing company, the certificate of registration whereof 
 is issued pursuant to section 130 hereof, or the 
 capital whereof is increased, the same fees as are 
 payable for registering a new company hereunder, 
 allowing credit as part of such fees for the amount 
 of fees paid by such company in respect of its 
 original registration. (See section 307.) 
 
 6. For a license to or registration under this Ordi- 
 nance of any extra-territorial company already 
 registered in this Territory as a foreign company. 10.00 
 
 And in addition thereto, if the license or certifi- 
 cate of registration under this Ordinance is 
 issued pursuant to section 131 hereof, the 
 same fees as are payable for registering a new 
 company hereunder, allowing credit as part 
 of such fees for the amount of fees paid by 
 such extra-territorial company in respect of its 
 original registration in this Territory. 
 
 7. For registering or filing any document hereby re- 
 quired or authorized to be registered or filed, other 
 
 than the memorandum of association 1 00 
 
 8. For making a record of any fact hereby authorized 
 or required to be recorded by the Registrar, a fee 
 
 of 1.00 
 
Companies. Chap. 18. 243 
 
 9. Publication in the Gazette, according to the scale of 
 charges paid by the Government for printing 
 therein. 
 
 10. For each and every search .25 
 
 The scale of fees provided by this Table B shall 
 apply to, and the fees therein specified shall 
 be taken on all registrations, proceedings, or 
 transactions relating to companies incorpor- 
 ated and carrying on business under any Or- 
 dinance repealed by the Companies Ordinance, 
 dealt with in the office of the Registrar after 
 the first day of May, 1914. 
 Fees to be paid on Registration of Mortgage 
 or charge. 
 
 11. Where the amount of the mortgage or charge does 
 
 not exceed $1,000 5 00 
 
 12. Where the amount of the mortgage or charge 
 exceeds $1,000 10.00 
 
 Provided that in the case of a series of debentures 
 registered in accordance with subsection (3) 
 of section 102 the above fees shall be charged 
 on the first debenture of such series, and a 
 further fee of fifteen cents on each subsequent 
 debenture of the series. Provided further that 
 where a mortgage or charge requiring regis- 
 tration under section 102 of this Ordinance is 
 one that also requires to be registered under 
 the provisions of the Land Titles Act or of 
 the Bills of Sale Ordinance, the fee for regis- 
 tering the same shall be one dollar. 
 
 TABLE B— Part II. 
 
 Table of fees to be paid to the Registrar of Joint-Stock Com- 
 panies by a Company not having a Capital divided into Shares. 
 
 1. For registration of a company whose number of 
 members as stated in the articles of association, 
 
 does not exceed 20 1 10.00 
 
 2. For registration of a company whose number of 
 members, as stated in the articles of association, 
 exceeds 20, but does not exceed 100 25.00 
 
 3. For registration of a company whose number of 
 members, as stated in the articles of association, 
 exceeds 100, but is not stated to be unlimited, the 
 above fee of $25, with an additional $1 for every 
 50 members or less number than 50 members after 
 the first 100. 
 
 70263—161 
 
244 Chap. 18. Companies. 
 
 4. For registration of a company in which the number 
 of members is stated in the articles of association 
 to be unlimited, a fee of $100 00 
 
 ■5. For registration of any increase on the number of 
 members made after the registration of the com- 
 pany in respect of every 50 members, or less 
 than 50 members, of such increase 1 00 
 
 ■6. Provided that no one company shall be liable to 
 pay on the whole a greater fee than $100 in 
 respect of its number of members, taking into 
 account the fee paid on the first registration of 
 the company. 
 
 7. For registering any document hereby required or 
 authorized to be registered, other than the mem- 
 orandum of association 1 00 
 
 ■8. For making a record of any fact hereby authorized 
 or required to be recorded by the Registrar of 
 Companies, a fee of 1 00 
 
 SECOND SCHEDULE. 
 
 FORM A. 
 
 -Memohandum of Association of a Company Limited by 
 
 Shakes. 
 
 1st. The name of the Company is "The Eastern Steam 
 Packet Company, Limited." 
 
 2nd. The registered office of the Company will be situate in 
 
 3rd. The objects for which the Company is established are: 
 "The conveyance of passengers and goods in ships or boats 
 between such places as the Company may from time to time 
 determine, and the doing of all such other things as are incidental 
 or conducive to the attainment of the above object." 
 
 4th. The liability of the members is limited. 
 
 5th. The share capital of the Company is dollars, 
 
 •divided into shares of dollars each. 
 
 We, the several persons whose names and addresses are sub- 
 scribed, are desirous of being formed into a Company, in 
 pursuance of this Memorandum of Association, and we 
 respectively agree to take the number of shares in the capital 
 of the Company set opposite our respective names. 
 
Companies. 
 
 Chap. 18. 
 
 245 
 
 Names, Addresses, and Descriptions of Subscribers. 
 
 Number of 
 Shares taken 
 
 by each 
 Subscriber. 
 
 "1. John Jones of , in the 
 
 "2. John Smith, of , in the 
 
 "3. Thomas Green, of , in the 
 
 "4. John Thompson, of , in the 
 
 "5. Caleb White, of , in the 
 
 Total shares taken. 
 
 , Merchant 
 
 200 
 25 
 30 
 40 
 15 
 
 310 
 
 Dated the day of 
 
 Witness to the above signatures : 
 Name 
 Address 
 Occupation 
 
 19 
 
 FORM B. 
 
 Memorandum and Articles of Association of a Company 
 Limited bt Guarantee and not having a Share Capital. 
 
 Memorandum of Association. 
 
 1st. The name of Company is "The Highland Hotel Com- 
 pany, Limited." 
 
 2nd. The registered office of the Company will be situate in 
 
 3rd. The objects for which the Company is established are:; 
 "Facilitating travelling in the Territory by providing hotels 
 and conveyances by water and by land for the accommodation 
 of travellers, and the doing of all such other things as are inciden- 
 tal or conducive to the attainment of the above objects." 
 
 4th. The liability of the members is limited. 
 
 5th. Every member of the Company undertakes to contribute 
 to the assets of the Company in the event of its being wound up 
 while he is a member, or within one year afterwards, for pay- 
 ment of the debts and liabilities of the Company contracted 
 before he ceases to be a member, and the costs, charges, and 
 expenses of winding-up, and for the adjustment of the rights- 
 of the contributories among themselves, such amount as may 
 be required, not exceeding fifty dollars. 
 
-246 Chap. 18. Comvantes. 
 
 We, the several persons whose names and addresses are sub- 
 scribed, are desirous of being formed into a Company, 
 m pursuance of this Memorandum of Association. 
 
 Names, Addresses, and Descriptions of Subscribers. 
 
 "1. John Jones, of , in the , Merchant. 
 
 "2. John Smith, of , in the 
 
 "3. Thomas Green, of , in the 
 
 "4. John Thompson, of , in the 
 
 "5. Caleb White, of , in the 
 
 Dated the day of , 19 . 
 
 Witness to the above signatures: 
 Name 
 Address 
 Occupation 
 
 Articles of Association to Accompany Preceding 
 Memorandum of Association. 
 
 Number of Members. 
 
 1. The Company for the purpose of registration, is declared 
 to consist of five hundred members. 
 
 2. The directors hereinafter mentioned may, whenever the 
 business of the Association requires it, register an increase of 
 members. 
 
 General Meetings. 
 
 3. The first general meeting shall be held at such time, not 
 being less than one month nor more than three months after 
 the incorporation of the Company, and at such place as the 
 directors may determine. 
 
 4. A general meeting shall be held once in every year at such 
 time (not being more than fifteen months after the holding of 
 the last preceding general meeting) and place as may be pre- 
 scribed by the Company in general meeting, or, in default, 
 at such time in the month following that in which the anniver- 
 sary of the Company's incorporation occurs, and at such place, 
 as the directors shall appoint. In default of a general meeting 
 being so held, a general meeting shall be held in the month 
 next following, and may be convened by any two members 
 in the same manner as nearly as possible as that in which meet- 
 ings are to be convened by the directors. 
 
 5. The above mentioned general meetings shall be called 
 ordinary meetings; all other general meetings shall be called 
 extraordinary. 
 
 6. The directors may, whenever they think fit, and shall, 
 on a requisition made in writirg by any five or more members, 
 
 ■convene an extraordinary general meeting. 
 
Companies. Chap. 18. 247 
 
 7. Any requisition made by the members must state the 
 object of the meeting proposed to be called, and must be signed 
 by the requisitionists and deposited at the registered office 
 of the Company. 
 
 8. On receipt of the requisition the directors shall forthwith 
 proceed to convene a general meeting; if they do not proceed 
 to cause a meeting to be held within twenty-one days from the 
 date of the requisition being so deposited, the requisitionists, 
 or any other five members, may themselves convene a meeting. 
 
 Proceedings ai, General Meetings. 
 
 9. Seven days' notice at the least, specifying the place, the 
 day, and the hour of meeting, and in case of special business 
 the general nature of the business, shall be given to the mem- 
 bers in manner hereinafter mentioned, or in such other manner 
 (if any) as may be prescribed by the Company in general meeting; 
 but the non-receipt of such notice by any member shall not 
 invalidate the proceedings at any general meeting. 
 
 10. All business shall be deemed special that is transacted 
 at an extraordinary meeting, and all that is transacted at an 
 ordinary meeting, with the exception of the consideration of 
 the accounts, balance-sheets, and the ordinary report of the 
 directors and auditors, the election of directors and other 
 officers in the place of those retiring by rotation, and the fixing 
 of the remuneration of the auditors. 
 
 11. No business shall be transacted at any meeting except 
 the declaration of a dividend, unless a quorum of members is 
 present at the commencement of the business. The quorum 
 shall be ascertained as follows, that is to say: If the members 
 of the Company at the time of the meeting do not exceed ten 
 in number, the quorum shall be five; if they exceed ten, there 
 shall be added to the above quorum one for every five addi- 
 tional members up to fifty, and one for every ten additional 
 members after fifty, with this limitation, that no quorum shall 
 in any case exceed thirty. 
 
 12. If within one hour from the time appointed for the meet- 
 ing a quorum of members is not present, the meeting, if convened 
 on the requisition of the members, shall be dissolved; in any 
 other case it shall stand adjourned to the same day in the follow- , 
 ing week at the same time and place; and if at such adjourned 
 meeting a quorum of members is not present, it shall be ad- 
 journed sine die. 
 
 13. The chairman (if any) of the directors shall preside as 
 chairman at every general meeting of the Company. 
 
 14. If there is no such chairman, or if at any meeting he is 
 not present at the time of hold ng the same, the mehabers 
 present shall choose some one of their number to be chairman 
 of that meeting. 
 
■*48 Chap. 18. Companies. 
 
 15. The chairman may, with the consent of the meeting, 
 adjourn the meeting from time to time and from place to place, 
 but no business shall be transacted at any adjourned meeting 
 other than the business left unfinished at the meeting from 
 which the adjournment took place. 
 
 16. At any general meeting, unless a poll is demanded by at 
 least three members, a declaration by the chairman that a 
 resolution has been carried and an entry to that effect in the 
 book of proceedings of the Company shall be conclusive evi- 
 dence of the fact without proof of the number or proportion 
 of the votes recorded in favour of or against the resolution. 
 
 17. If a poll is demanded in manner aforesaid, the same shall 
 be taken in such manner as the chairman directs, and the result 
 of the poll shall be deemed to be the resolution of the meeting 
 at which the poll was demanded. 
 
 Votes of Members. 
 
 18. Every member shall have one vote and no more. 
 
 19. If any member is a lunatic or idiot he may vote by his 
 committee, curator bonis, or other legal curator. 
 
 20. No member shall be entitled to vote at any meeting 
 unless all moneys due from him to the Company have been paid. 
 
 21. On a poll votes may be given either personally or by 
 proxy. A proxy shall be appointed in writing under the hand of 
 the appointer, or, if such appointer is a corporation, under its 
 common seal. 
 
 22. No person shall act as a proxy unless he is a member, or 
 unless he is appointed to act at the meeting as proxy for a 
 corporation. 
 
 The instrument appointing him shall be deposited at the 
 registered office of the company not less than forty-eight hours 
 before the time of holding the meeting at which he proposes to 
 vote. 
 
 23. Any instrument appointing a proxy shall be in the follow- 
 ing form: — 
 
 Company, Limited. 
 
 , of , in the , being a member of 
 
 the Company, Limited, hereby appoint , of 
 
 , as my proxy, to vote for me and on my behalf at the 
 [ordinary or extraordinary, as the case may be] general 
 meeting of the Company to be held on the day 
 
 of , and at any adjournment thereof. 
 
 Signed this day of , 19 . 
 
Companies. Chap. IS. 249 
 
 Directors. 
 
 24. The number of directors, and the names of the first 
 directors, shall be determined by the subscribers of the Memor- 
 andum of Association. 
 
 25. Until directors are appointed the subscribers of the 
 Memorandum of Association shall, for all the purposes of the 
 Companies Ordinance be deemed to be directors. 
 
 Powers of Directors. 
 
 26. The business of the Company shall be managed by the 
 directors, who may exercise all such powers of the Company as 
 are not by the Companies Ordinance, or by any statutory modi- 
 fication thereof for the time being in force, or by these articles 
 required to be exercised by the Company in general meeting; 
 but no regulation made by the Company in general meeting 
 shall invalidate any prior act of the directors which would have 
 been valid if that regulation had not been made. 
 
 Election of Directors. 
 
 27. The directors shall be elected annually by the Company 
 in general meeting. 
 
 Audit. 
 
 28. Auditors shall be appointed and their duties regulated in 
 accordance with sections 119 and 120 of the Companies Ordinance 
 or any statutory modification thereof for the time being in force, 
 and for this purpose the said sections shall have effect as if the 
 word " members " were substituted for " shareholders," and as 
 if " first general meeting " were substituted for " statutory 
 meeting." 
 
 Notices. 
 
 29. A notice may be given by the Company to any member 
 either personally, or by sending it by post to him to his regis- 
 tered address. 
 
 30. Where a notice is sent by post, service of the notice shall 
 be deemed to be effected by properly addressing, prepaying and 
 posting a letter containing the notice, and, unless the contrary 
 is proved, to have been effected at the time at which the letter 
 would be delivered in the ordinary course of post. 
 
 Names, Addresses, and Descriptions of Subscribers. 
 
 1. John Jones, of , in the Merchant 
 
 2. John Smith, of , in the " 
 
 3. Thomas Green, of , in the " 
 
 4. John Thompson, of , in the " 
 
 5. Caleb White, of , in the " 
 Dated the day of , 19 . 
 
 Witness to the above signatures : 
 Name 
 Address 
 Occupation 
 
250 Chap. 18. Companies. 
 
 FORM C. 
 
 Memorandum and Articles of Association of a Company 
 Limited by Guarantee and having a Share Capital. 
 
 Memorandum of Association. 
 
 1st. The name of the Company is " The Killarney Hotel 
 Company, Limited." 
 2nd. The registered office of the Company will be situate in 
 
 3rd. The objects for which the Company is established are: 
 " The facilitating travelling in the mountains of Yukon Terri- 
 tory by providing hotels and conveyances by sea and by land 
 for the accommodation of travellers, and the doing all such 
 other things as are incidental or conducive to the attainment of 
 the above object." 
 
 4th. The liability of the members is limited. 
 5th. Every member of the company undertakes to contribute 
 to the assets of the Company in the event of its being wound up 
 while he is a member, or within one year afterwards, for pay- 
 ment of the debts and liabilities of the company, contracted 
 before he ceases to be a member, and the costs, charges, and 
 expenses of winding up the same and for the adjustment of the 
 rights of the contributories amongst themselves, such amount 
 as may be required, not exceeding one hundred dollars. 
 
 6th. The share capital of the Company shall consist of 
 dollars, divided into shares of dollars each. 
 
 We, the several persons whose names and addresses are sub- 
 scribed, are desirous of being formed into a Company, in 
 pursuance of this Memorandum of Association, and we 
 respectively agree to take the number of shares in the capital 
 of the Company set opposite our respective names. 
 
 Names, Addresses, and Descriptions of Subscribers. 
 
 Number of 
 Shares taken 
 
 by each 
 Subscriber. 
 
 1. 
 
 2. 
 3. 
 4. 
 6. 
 
 John Jones, of , in the 
 John Smith, of , in the 
 Thomas Green, of , in the 
 John Thompson, of , in the 
 Caleb White, of , in the 
 
 Total shares taken 
 
 , Merchant.. 
 
 a 
 
 200 
 25 
 30 
 40 
 15 
 
 
 310 
 
 
 
 
 
 Dated the day of ,19 
 
 Witness to the above signatures: 
 Name 
 Address 
 Occupation. 
 
Companies. Chap. 18. 251 
 
 Articles of Association to Accompany Preceding 
 Memorandum of Association. 
 
 1. The directors may, with the sanction of the Company in 
 general meeting, reduce the amount of shares in the Company. 
 
 2. The directors may, with the sanction of the Company in 
 general meeting, cancel any shares belonging to the Company. 
 
 3. All the articles of Table A of the Companies Ordinance 
 shall be deemed to be incorporated with these articles and to 
 -apply to the Company. 
 
 Names, Addresses, and Descriptions of Subscribers. 
 
 1. John Jones, of , in the Merchant. 
 
 2. John Smith, of , in the " 
 
 3. Thomas Green, of , in the " 
 
 4. John Thompson, of , in the " 
 
 5. Caleb White, of , in the 
 
 Dated the day of ,19 
 
 Witness to the above signatures ; 
 Name 
 Address 
 Occupation 
 
 FORM D. 
 
 Memorandum and Articles of Association of an Unlimited 
 Company having a Share Capital. 
 
 Memorandum of Association. 
 
 1st. The name of the Company is "The Patent Stereotype 
 
 Company." 
 2nd. The registered oflSce of the Company will be situate 
 
 in 
 
 3rd. The objects for which the Company is established are: 
 
 "The working of a patent method of founding and casting 
 
 stereotype plates, of which method John Smith of , 
 
 is the sole patentee." 
 
 We, the several persons whose names are subscribed, are desirous 
 of being formed into a Company, in pursuance of this Mem- 
 orandum of Association, and we respectively agree to take 
 the number of shares in the capital of the Company set 
 opposite our respective names. 
 
252 
 
 Chap. 18. 
 
 Companies. 
 
 « 
 Names, Addresses, and Descriptions of Subscribers. 
 
 Number of 
 Shares taken 
 
 by each 
 Subscriber. 2 
 
 1. John Jones, of , in the , Merchant .. 
 
 2. John Smith, of , in the " 
 
 3. Thomas Green, of , in the " 
 
 4. John Thompson, of , in the " 
 
 5. Caleb "White, of , in the 
 
 3 
 2 
 
 1 
 2 
 2 
 
 Total shares taken 
 
 10 
 
 
 
 Dated the day of 
 
 Witness to the above signatures : 
 Name 
 Address 
 Occupation 
 
 19 
 
 Articles of Association to Accompany the Preceding 
 Memorandum of Association. 
 
 1. The share capital of the Company is dollars, 
 divided into twenty shares of dollars each. 
 
 2. All the articles of Table A of the Companies Ordinance 
 shall be deemed to be incorporated with these articles and to 
 apply to the Company. 
 
 Names, Addrfesses, and Descriptions'of Subscribers. 
 
 1. John Jones, of , in the 
 
 2. John Smith, of , in the 
 
 3. Thomas Green, of , in the 
 
 4. John Thompson, of , in the 
 
 5. Caleb White, of , in the 
 
 Dated the day of 
 
 Witness to the above signatures: 
 Name 
 Address 
 Occupation 
 
 Merchant. 
 
 it 
 
 i( 
 
 u 
 
 19 
 
Companies . 
 
 Chap. 18. 
 
 253 
 
 FORM E. 
 (As required by Part III of the Ordinance.) 
 
 Summary of Share Capital and Shares of the Company 
 
 Limited, made up to the day of ,19 
 
 (being the fourteenth day after the date of the first ordinary 
 general meeting in 19 ). 
 
 Nominal share capital, $ , divided { shares of $ each, 
 into^ shares of | each. 
 
 Total number of shares taken up^ to the 
 day of , 19 
 
 (which number must agree with the 
 total shown in the list as held byl, 
 existing members). 
 
 Number of shares issued subject to payment wholly in 
 cash. 
 
 Number of shares issued as fully paid up otherwise than 
 in cash. 
 
 Number of shares issued as partly paid up to] 
 the extent of per share otherwise than> 
 
 in cash ( 
 
 ^There has been called up on each of shares, $| 
 
 There has been called up on each of shares, | ) 
 ^There has been called up on each of shares, 
 ^Total amount of calls received, including pay-\ 
 ments on application and allotment. 
 
 Total amount (if any) agreed to be considered as] 
 paid on shares which have been[ 
 
 issued as fully paid up otherwise than in cash I 
 
 Total amount (if any) agreed to be considered] 
 as paid on shares which have been-j 
 
 issued as partly paid up to the extent of 
 
 per share 
 
 Total amount of calls unpaid 
 
 Total amount (if any) of sums paid by way 
 of commission in respect of shares or deben- 
 tures or allowed by way of discount since ■ 
 date of last summary 
 
 Total amount (if ar^y) paid on* shares 
 forfeited f 
 
 Total amount of shares and stock for whichl 
 share warrants are outstanding J 
 
 Total amount of share warrants issued and sur- 
 rendered respectively since date of last sum- 
 mary 
 
 Number of shares or amount of stock comprised^ 
 in each share warrant 
 
254 
 
 Chap. 18. 
 
 Companies. 
 
 Total amount of debt due from the Company in 
 respect of all mortgages^nd charges which are 
 required to be registered with the Registrar 
 of Companies, or which would require regis- 
 tration if created after the twelfth day of 
 March, 1906 
 
 'When there are shares of different kinds or amounts{e.g., preference and ordinary, 
 or $10 or $5), state the numbers and nominal values separately. 
 
 ^Where various amounts have been called or there are shares of different kinds, 
 state them separately. 
 
 'Include what has been received on forfeited as well as on existing shares. 
 
 'State the aggregate number of shares forfeited (if any). 
 
 Statement in the form of a balance-sheet made up to the 
 day of ) 19 ) containing the particulars of the capital, 
 
 liabilities, and assets of the Company. 
 
 The Return must be signed at the end by the manager or 
 secretary of the Company. 
 
 Presented for filing by 
 
 List of persons holding shares in the Company, Limited, 
 
 on the day of , 19 , and of persons who have 
 
 held shares therein at anytime since the date of the last Return, 
 showing their names and addresses, and an account of the 
 shares, so held. 
 
 
 Names, Addresses and 
 
 Account of Shabes. 
 
 
 Occupations. 
 
 
 
 
 
 
 
 
 tParticuIars of 
 
 tParticulars of 
 
 
 
 
 
 
 
 Shares trans- 
 
 Shares trans- 
 
 
 
 
 
 
 ♦Num- 
 
 ferred since the 
 
 ferred since the 
 
 Folio 
 
 
 
 
 
 ber of 
 
 Date of the Last 
 
 Date of the Last 
 
 in Reg- 
 
 
 
 
 
 Shares 
 
 Return by Per- 
 
 Return by Per- 
 
 ister 
 
 
 
 
 
 held by 
 
 sons who are 
 
 sons who have 
 
 Ledger 
 
 Sur- 
 
 Chris- 
 
 Ad- 
 
 Occu- 
 
 Exists 
 
 still Members. 
 
 ceased to be 
 
 con- 
 
 nanle. 
 
 tian 
 
 dress. 
 
 pation . 
 
 ing 
 
 
 Members. 
 
 taining 
 
 
 Name. 
 
 
 
 Mem- 
 
 
 
 
 
 Particu- 
 
 
 
 
 
 bers at 
 
 
 
 
 
 lars. 
 
 
 
 
 
 Date of 
 
 
 Date of 
 
 
 Date ol 
 
 
 
 
 
 
 Return . 
 
 Num- 
 bw.t 
 
 Regis- 
 tration 
 
 of 
 Trans- 
 fer. 
 
 Num- 
 ber.! 
 
 Regis- 
 tration 
 
 of 
 Trans- 
 fer. 
 
 
 
 
 
 
 
 
 
 
 
Companies. 
 
 Chap. IS. 
 
 255 
 
 Names and addresses of the persons who are the Directors of 
 
 the , Limited, on the day of 
 
 19 
 
 Names. 
 
 Addresses. 
 
 (Signature) 
 
 (State whether manager or secretary) . 
 
 *The aggregate number of shares held, and not the distinctive numbers, must 
 be stated, and the column must be added up throughout so as to make one total to 
 agree with that stated in the summary to have been taken up. 
 
 tThe date of registration of each transfer should be given as well as the number 
 of shares transferred on each date. The particulars should be placed opposite the 
 name of the transferor and not opposite that of the transferee, but the name of the 
 transferee may be inserted in the "Remarks" column immediately opposite the 
 particulars of each transfer. 
 
 tWhen the shares are of different classes these columns may be subdivided so 
 that the number of each class held or transferred may be shown separately. 
 
 FORM F. 
 
 Form of Statement to be Published by Societies, 
 and other associations. 
 
 (Section 115.) 
 
 divided into 
 
 *The share capital of the Company is 
 shares of each. 
 
 The number of shares issued is 
 
 Calls to the amount of dollars per share have been 
 
 made, under which the sum of dollars has been 
 
 received. 
 
 The liabilities of the Company on the first day of January 
 
 (or July) were: — 
 Debts owing to sundry persons by the Company— 
 
 On judgment, $ 
 
 On specialty, $ 
 
 On notes or bills, $ 
 
 On simple contracts, $ 
 
 On estimated liabilities, I 
 The assets of the Company on that day were — 
 Government securities [stating them] , 
 
 Bills of exchange and promissory notes, $ 
 
 Cash at the bankers, $ 
 
 Other securities, $ 
 
 *If the Company has no share capital, the portion of the Statement relatm.- 
 o capital and shares must be omitted. 
 
256 Chap. 18. Companies. 
 
 STATEMENT IN LIEU OF PROSPECTUS. 
 (Section 91). 
 
 (a.) For defi 
 nition of 
 vendor, see 
 section 90 
 (2) of the. 
 "Companies 
 Ordinance." 
 
 (b.) See sec- 
 tion 90 (3) 
 of the 
 
 "Companies 
 Ordinance." 
 
 The nominal share capital of the company 
 
 Divided into . 
 
 Names, descriptions and addresses of directors 
 or proposed directors. 
 
 Minimum subscription (if any) fixed by the 
 Memorandum or Articles of Association on 
 which the Company may proceed to allot 
 ment. 
 
 Shares of S each. 
 
 Shares of S , each. 
 
 Shares of -S each. 
 
 Number and amount of shares and debentures 
 agreed to be issued as fully or partly paid up 
 otherwise than in cash. 
 
 The consideration for the intended issue of those 
 ahare-s and debentures. 
 
 Names and addresses of (a) vendors of property 
 purchased or acquired, or proposed to be (b) 
 purchased or acquired lay the Company. 
 
 Amount (in cash, shares, or debentures) payable 
 to each separate vendor. 
 
 Amount (if any) paid or payable (in cash or 
 shares or debentures) for any such property, 
 specifying amount (if any) paid or payable for 
 goodwill. 
 
 Amount, (if any) paid or payable as commission 
 for subscribing or agreeing to subscribe, or 
 procuring or agreeing to procure, subscriptions 
 for any shares or debentures in the Company 
 or, 
 
 Rate of the commission 
 
 Estimated amount of preliminary expenses $ 
 
 1. shares of $ fully paid. 
 
 2. shares upon which $ 
 per share credited as paid . 
 
 3. debenture , S 
 
 4. Consideration. 
 
 Total purchase price . 
 
 Cash 
 
 Shares 
 
 Debentures 
 
 Goodwill 
 
 Amount paid. 
 Amount payable. 
 
 Rate per cent. 
 
 Amount paid or intended to be paid to any pro- 
 moter . 
 Consideration for the payment. 
 
 Name of promoter. 
 Amount, S 
 Consideration. 
 
Companies. (Dhap. 18. 
 
 STATEMENT IN LIEU OF PROSPECTUS— Concluded. 
 
 237 
 
 Dates of and parties to evei-y material contract 
 (other than contracts entered into in the 
 ordinary course of the business intended to be 
 carried on by the company, or entered into 
 more than two years before the filing of this 
 statement) . 
 
 
 Time and place at which the contracts or copies 
 thereof may be inspected . 
 
 
 Names and addresses of the auditors of the 
 Company (it any). 
 
 
 Full particulars of the nature and extent of the 
 interest of every director in the promotion of or 
 in the property proposed to be acquired by the 
 Company, or, where the interest of such a 
 director consists in being a partner in a firm, 
 the nature and extent of the interest of the 
 firm, with a statement of all sums paid or 
 agreed tb be paid to him or to the firm in 
 cash or shares, or otherwise, by any person 
 either to induce him to become or to qualify 
 him as a director, or otherwise for ser ices 
 rendered by him or by the firm in connection 
 with the promotion or formation of the Com- 
 pany. 
 
 
 Whether the articles contain any provisions pre- 
 cluding holders of shares or debentures receiv- 
 ing and inspecting balance-sheets or reports of 
 the auditors or other reports . 
 
 Nature of the provisions. 
 
 .(Signatures of the persons above named as 1 
 directors or proposed directors, or of their |- 
 agents authorized in writing.) J 
 
 70263—17 
 
258 
 
 Chap. 1». Compensation for Death by Accident. 
 
 CHAP. 19. 
 
 An Ordinance respecting Compensation to the Families 
 of Persons Killed by Accident. 
 
 1. The following words and expressions have in this Ordi- 
 nance the naeanings hereby assigned to them respectively so 
 far as such meanings are not excluded by the context or by the 
 nature of the subject-matter: 
 
 1. "Parent" includes father, mother, grandfather, grand- 
 mother, stepfather, stepmother, and 
 
 2. "Child" includes son, daughter, grandson, grand-daughter, 
 stepson, stepdaughter. C.O.Y.T. c. 44, s. 1. 
 
 3. Whenever the death of a person has been caused by such 
 wrongful act, neglect or default as would (if death had not 
 
 compenaa ion ^^g^g^^ 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 notwithstanding the death of 
 the party injured. C.O.Y.T. c. 44, s. 2. 
 
 Interpreta- 
 tion. 
 
 "Parent." 
 
 "ChUd." 
 
 When 
 
 recoverable. 
 
 Who to 
 benefit by 
 action. 
 
 Limitation 
 of action. 
 
 3. Every such action shall be for the benefit of the wife, 
 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. C.O.Y.T. c. 44, s. 3. 
 
 4. Not more than one action shall lie for and in respect of 
 the same subject matter of complaint and every such action 
 shall be commenced within twelve months after the death of 
 the deceased person. C.O.Y.T. c. 44, s. 4. 
 
Constables. Chap. 19. 259 
 
 CHAP. 20. 
 An Ordinance Respecting Constables. 
 
 1. Any justice of the peace may in writing appoint one or Juatlcea may 
 more constables whose powers and duties as such shall extend "''P°i°J, 
 
 to the whole of the Territory; such appointment to be in force '^°***'"^- 
 for the time mentioned in the appointment but shall at no Duration of 
 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. C.O.Y.T. c. 30, s. 1. 
 
 2. Every constable so appointed shall before entering upon Oath, 
 the duties of his office take and subscribe before a justice 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 oflice according to the best of my skill and ability. So 
 help me God. C.O.Y.T. c. 30, s. 2. 
 
 3. It shall be lawful for any Sheriff, Deputy Sheriff, Con- Sheriff and 
 stable or other peace officer of the Territory, whether uniformed may^enter'^'^^ 
 or otherwise vested with a badge or other sign showing his buildings at 
 authority to enter, without a warrant, at any hour of the day any time to 
 or night; any dwelling, shop or other building, or appurtenances ^oea°are' 
 within the curtilage thereof, wherein any business is conducted, violated. 
 
 or supposed to be conducted, and for which a special license 
 has been, or should have been previously obtained under any 
 Ordinance of the Territory, or any rule, orders or by-laws there- 
 under, 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. C.O.Y.T. c. 30, s. 3. 
 
 4. Any one assaulting, or obstructing, any such oflBicer or Penalty for 
 refusing to permit any such officer to enter and inspect any oflf*^"*"^ 
 such premises for the purpose aforesaid, or any one instructing 
 
 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 exceeding $100 
 and costs, and in default of payment, to imprisonment not 
 exceeding two months. C.O.Y.T. c. 30, s. 4. 
 
 70263—171 
 
260 
 
 Chap. 31. Decision of Consiitutional Questions. 
 
 CHAP. 21. 
 
 An Ordinance Relating to the Decision of Constitu- 
 tional and other Questions. 
 
 Interpre- 
 tation. 
 
 Commis- 
 sioner may 
 refer certain 
 matters tx> 
 the Conrt. 
 
 1. In the construction of this Ordinance the word "Court" 
 ghall mean "The Territorial Court for the Yukon Territory," 
 and the word "Judge" shall mean a Judge of the said Court. 
 No. 2, 1914, s. 1. 
 
 2. The Commissioner of the Yukon Territory may refer 
 to the Court for hearing and consideration any matter which 
 he thinks fit to refer and the Court shall thereupon hear and 
 consider the same and if the matter referred involves the deter- 
 mination of a question of fact, the same shall be tried and 
 determined in all respects as if it were an issue in any ordinary 
 action in said Court. No. 2, 1914, s. 2. 
 
 Court to 
 
 certify 
 
 opinion. 
 
 3. The Court shall certify to the Commissioner the opinion 
 or decision of the Court in the matter referred, with the reasons 
 therefor, which shall be given as in the case of an ordinary 
 action. No. 2, 1914, s. 3. 
 
 Attorney- . 4. If the matter relates to the constitutional validity of any 
 notifi™ . "^ * Ordinance of the Territory, or of any provision in any such 
 Ordinance, the Attorney General of Canada shall be notified 
 of the hearing in order that he may be heard if he thinks fit 
 and notice of such hearing shall be given in such manner as 
 the Court or Judge shall order. No. 2, 1914, s. 4. 
 
 Court may 
 direct that 
 persons 
 interested 
 be notified. 
 
 5. The Court or Judge, shall have power to direct that any 
 person interested, or, where there is a class of persons interested, 
 any one or more persons as representative of such class, be 
 notified of the hearing in such manner as the Court or Judge 
 may direct, and such person or persons .shall be entitled to 
 be heard. No. 2, 1914, s. 5. 
 
 , 6. Where any interest affected is not represented by Counsel 
 the Court or Judge shall have discretionary power to request 
 Counsel to appear and argue the matter on behalf of such 
 interest, and the reasonable and proper charges and expenses 
 thereby occasioned shall be paid out of the general revenue 
 of the Territory. No. 2, 1914, s. 6. 
 
 Dccisionto 7. The decision of the Court or Judge upon any such reference, 
 mJnT^nt a'though advisory only, shall for all purposes of appeal be con- 
 of Court. sidered and treated as a final judgment of the Court between 
 parties. No. 2, 1914, s. 7. 
 
 Court may 
 appoint 
 counsel to 
 represent 
 absentees. 
 
Controverted Elections. Chap. 22. 261 
 
 CHAP. 22. 
 An Ordinance Respecting Controverted Elections. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Controierted Elections Short title. 
 Ordinance. C.O.Y.T. c. 4, s. 1. 
 
 INTERPRETATION. 
 
 2. In this Ordinance unless the context otherwise requires: tion.'^'* *" 
 
 (1) The expression "the judge" means a judge of the Terri- "juHge." 
 torial Court; 
 
 (2) The expression " the clerk " means the clerk of the said "Cletk." 
 Court. C.O.Y.T. c. 4, s. 2. 
 
 PETITIONS. 
 
 3. At any time within one month after the publication by Time for- 
 the Territorial Secretary of the notice prescribed by section 96 pg^iy"" 
 of the Ordinance repecting elections any defeated candidate or 
 
 any duly qualified elector of the electoral district in which the ^^o m^y 
 election was held may petition against the undue return or undue petition., 
 election of any candidate at such election. C.O.Y.T. c. 4, s. 3. 
 
 4. Such petition may be in form A in the schedule hereto; Form of 
 and shall within the time prescribed by the last preceding sec- petition, 
 tion be filed in the office of the clerk of the Territorial Court, Filing, 
 and shall contain the follow"ing statements : 
 
 (a) The right of the petitioner to petition; 
 
 (6) The holding and result of the election in general terms; 
 
 (c) In a brief form the facts and grounds relied on to sanc- 
 tion 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. C.O.Y.T. c. 4, s. 4. 
 
 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 g:^^^^'!^'^""**' 
 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. C.O.Y.T. c. 4, s. 5. 
 
 SERVICE OF PETITION. 
 
 6. A copy of such petition shall be served on the candidate J^^p^'^^^j 
 against whom such petition is filed (herein called the respondent) ^ith copy of 
 within twenty days after the same is so filed; and such service petition. 
 
262 Chap. 22. Controverted Elections. 
 
 may be effected in the way that service of a writ of summons 
 in an ordinary civil action in the said court is effected. CO. 
 Y.T. c. 4, s. 6. 
 
 ImffOT""' ''• Upon the judge being satisfied by affidavit either before 
 service. Of after thetime hereinbefore limited for the service 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 
 sen-Ice"*'""*' make an ex parte order for substitutional service of such petition 
 in such manner as he directs. <^.O.Y.T. c. 4, s. 7. 
 
 ADDRESS FOE SERVICE. 
 
 Petitioner 8. The petitioner shall endorse on the petition filed with the 
 
 addressfor derlc and on the copy thereof served on the respondent an address 
 
 service on for service (which shall not be more than three miles from such 
 
 petition. 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 and other 
 
 papers in the proceedings may be served on him by being filed 
 
 with the clerk. CO. Y.T. c. 4, s. 8. 
 
 Respondent 9. The respondent shall, within ten days after being served 
 ^^dre°**for '^^^^^ ^ copy of the petition as hereinbefore provided, file with 
 service. the clerk a notice in writing specifying an address 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 summon- 
 ses, notices, demands or other papers may be served on him 
 by being filed with the clerk. CO.Y.T. c. 4, s. 9. 
 
 PRELIMINARY OBECTIONS. 
 
 Respondent lO. The respondent may, at any time within twenty days 
 have^tition ^^^^'^ *^^ service upon him of the petition apply to the judge 
 set aside. to set such 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 a 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 sufficient 
 grounds or facts to have the election set aside or declared 
 void; 
 
 (e) That service of a copy of such petition has not been 
 piade 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; 
 
Controverted Elections. Chap. 22, 263 
 
 or (if not so satisfied) may dismiss the application with or with- 
 out cost? as aforesaid. C.O.Y.T. c. 4, s. 10. 
 
 PARTICULARS. 
 
 lit Evidence need not be stated in the petition, but the Respondent 
 respondent may at any time within twenty days after service flJrther^'^ ^°' 
 upon him of the petition (unless he makes an application under particulars, 
 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 particu- 
 lars 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 pre- 
 scribed the petitioner shall not be at liberty to give any evidence 
 at the trial with respect to facts and grounds of which particu- 
 lars are ordered and not delivered. C.O.Y.T. c. 4, s. 11. 
 
 PETITION CLAIMING SEAT; OBJECTIONS. 
 
 12. If the petitioner claims the seat for any other candidate Respondent 
 than the one certified to be elected the respondent may within ^atemelit of 
 twenty days after service upon him of the petition (unless he objections if 
 applies to set aside the petition under section 10 hereof, and if p^t ojaimed 
 he does then within ten days after such application is disposed retumecf *° 
 of if it is refused or dismissed) file with the clerk a statement candidate, 
 in form B in the schedule hereto, claiming that the seat ought 
 
 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; 
 (6) He at the election in question was guilty of some act 
 or acts in contravention of sections 99, 100 or 101 of 
 the Ordinance respecting elections; 
 and serve a copy of such statement on the pteitioner. CO. 
 Y.T. c. 4, s. 12. 
 
 SETTING ASIDE OBJECTIONS. 
 
 13. The petitioner within ten days after service upon him ^^*'^*^°°®j'^ ^^ 
 of the said statement may apply to the judge to set such state- hl^ state- ° 
 ment aside and have it removed from the files of the court on ^P*°^ 
 any of the following grounds: setlside.' 
 
 (a) That is 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; 
 
264 
 
 Chap. 22. 
 
 Controverted Elections. 
 
 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 
 reraoved 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 court with or without costs as he directs; and if 
 not so satisfied he shall dismiss the application with or without 
 costs as he directs. C.O.Y.T. c. 4, s. 13. 
 
 evidence; particulars. 
 
 Petitiouer 
 may apply 
 for further 
 particulars. 
 
 14. Evidence need not be stated in such statement but 
 the petitioner may at any time within ten days after service 
 upon him of the said statement (unless he makes an applica- 
 tion under section 13 hereof to set the statement aside, and 
 if he does then within five days after such application is dis- 
 posed 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 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 necessary to prevent surprise and to ensure a fair and effec- 
 tual trial in the same manner and with the same consequence 
 as prescribed in section 11 of this Ordinance. C.O.Y.T. 
 c. 4, s. 14. 
 
 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 authorized 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 applica- 
 tions have been made. C.O.Y.T. c. 4, s. 15. 
 
 AMilication 16» At any time after the said petition is at issue the peti- 
 ol petitioner tioner may apply to the judge to appoint a time and place for 
 p°aoe^f trial. ^^^ 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. C.O.Y.T. c. 4, s. 16. 
 
 Application of IT. If the petitioner does not within one month after the 
 regpondent for pe^itJQji jg ^t issue apply to the judge to appoint a time and 
 petition. place for the trial of the petition the respondent may apply 
 to the judge to dismiss the petition; and the judge may there- 
 upon 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. C.O.Y.T. c. 4, s. 17. 
 
Controverted Elections. Chap. 22. 266 
 
 GENERAL. 
 
 18. The said petition and aill proceedings thereunder shall Petition and 
 be deemed to be a cause in the court in which the said petition ?hereund?/ 
 is filed, and all the provisions of The Judicature Ordinance deemed cause 
 m so far as they are applicable and not inconsistent with the '" """''*• 
 provisions of this Ordinance shall be applicable to such petition 
 
 and proceedings; and the tariff of costs for clerks, sheriffs, 
 solicitors and interpreters (whether prescribed by The Judica- 
 ture Ordinance or under its authority) shall be applicable to 
 such proceedings. C.O.Y.T. c. 4, s. 19. 
 
 19. Applications to the judge shall be made in chambers Applications 
 and unless authorized to be made ex parte shall be made by chimberl" 
 notice. C.O.Y.T. c. 4, s. 18. 
 
 TRIAL. 
 
 20. The judge shall attend at the time and place appointed Trial. 
 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 may be adjourned from day to day 
 
 or for such further time as the judge may direct. C.O.Y.T. 
 c. 4, s. 20. 
 
 judge's report. 
 
 31. If the judge on such trial finds that the respondent Judge to 
 was unduly returned or elected a member of the council by xereitorial 
 reason of any of the matters alleged in the petition he shall Secretary, 
 forthwith after the expiration of fourteen days from delivering 
 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 re- 
 turned 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 question he was guilty of any acts in 
 contravention of sections 99, 100 or 101 of the Ordinance 
 respecting elections, provided 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 another 
 candidate i,3 entitled to the seat the election shall be void and 
 
266 Chap. 32. Controverted Elections. 
 
 set aside and a writ of election shall be issued to fill the vacancy 
 so created. C.O.Y.T. c. 4, s. 21. 
 
 Stltiln*'"' ■ ^^' ^^•*'^® ^"^^^ ^* ^'^^ ^"^'^ fii^ds that the matters set forth 
 m the petition are not proved to his satisfaction he shall dismiss 
 the petition. C.O.Y.T. c. 4, s. 22. 
 
 WITHDKAWAL OF PETITIONS. 
 
 Withdrawal 33. The petitioner may at any time withdraw his petition 
 on. ^y gjjj^g ^^j^ ^j^g ^jg^j^ ^ statement in writing that he so with- 
 draws 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 respondent's costs of and inci- 
 dental to the petition and the proceedings thereunder. CO. 
 Y.T. c. 4, s. 23. 
 
 Withdrawal 34. The respondent may at any time withdraw any state- 
 by res^Tent ^^^^ filed by him under section 12 of this Ordinance by filing 
 with the clerk a statement that he so withdraws it and serving 
 the petitioner with a notice of such withdrawal; and in such 
 case the judge shall on application order the respondent to 
 pay the petitioner's costs of and incidental to such statement 
 C.O.Y.T. c. 4, s. 24. 
 
 ADMISSION OF UNDUE ELECTION. 
 
 Admission of 35. Unless the seat is claimed for a candidate other than 
 filed by*^"*'"" ^^^ respondent, the respondent may at any time admit that he 
 respondent, was unduly returned or elected by filing with the clerk a state- 
 election ment in writing admitting such fact and serving the petitioner 
 ecare voi ^j^j^ ^ 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 Territorial Secretary that the respon4ent 
 has admitted that he was unduly returned or elected; where- 
 upon the election shall be void and set aside and a writ of election 
 shall be issued to fill the vacancy so created. C.O.Y.T. c. 4, 
 s. 25. , 
 
 COSTS. 
 
 Costs in 86. Except when otherwise provided the costs of the petition 
 
 judge^*'°"°^ and all matters incidental thereto and arising thereout shall 
 be in the discretion of the judge. C.O.Y.T. c. 4, s. 26. 
 
 Judge may 3T. If the judge at any time orders costs to be paid by 
 
 be^^aid'out *° *^® petitioner, he may (when the petition and all matters 
 
 ofsecuri°y arising thereout have been finally determined and disposed 
 
 deposited. of) 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 
 
Controverted Elections. Chap. 22. 267 
 
 been awarded to him according to the ordinary practice of 
 the court. C.O.Y.T. c. 4, s. 27. 
 
 APPEAL. 
 
 38. An appeal shall lie to the Court of Appeal for the Yukon Appeal shall 
 Territory as constituted by Section 46 of the Yukon Act from ^[^ ^°i"f*^ 
 any order or determination of the Judge and such appeal and Temto^ °^ 
 all proceedings relating thereto shall be had and taken in the 
 same manner as in the case of an appeal from a judgment of 
 the Territorial Court in an ordinary action in said last named 
 Court. No. 9, 1913, s. 1. 
 
 29. If such appeal is from an order or determination other interlocutory 
 than any finding or determination under section 21 or 22 of ^^p^*'^- 
 this Ordinance it shall not operate as a stay of proceedings 
 
 unless so ordered by the judge; and the judge may for reasonable 
 cause at any time set aside any stay of proceedings he may 
 so order. C.O.Y.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 the ^n°appe^^ 
 expiration of the fourteen days mentioned in that section) from final 
 apply ex parte to the judge for a stay of proceedings; and the J"<ig™ent. 
 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 fo^dday*'''' 
 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 forth- 
 with forward his report to the Territorial 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. C.O.Y.T. c. 4, s. 30. 
 
 31. When any appeal to the said Court of Appeal is duly ^';^^'P^^^^ 
 lodged with the clerk it shall be proceeded and dealt with of appeals. 
 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 21 ^^p^'^*", 
 and as varied or modified by the order of the said court of Secretary. 
 appeal if so varied or modified. C.O.Y.T. c. 4, s. 31; No. 9, 
 1913, s. 2. 
 
268 Chap. 22. Controverted Elections. 
 
 BALLOTS NOT TO BE COUNTED. 
 
 b^tSlots bv°^ *^* Nothing in this Ordinance contained shall be construed 
 judge. " to authorize the judge to count or recount the ballots cast at 
 any election but the count of such ballots and the recount (if 
 any) under the Ordinance respecting elections shall be con- 
 sidered conclusive. C.O.Y.T. c. 4, s. 32. 
 
 SCHEDULE. 
 
 Form A. — Section 4. 
 
 In the Territorial Court. 
 
 Between A.B., Petitioner, 
 and 
 C .D., Respondent. 
 
 The petition qf A.B., of (stating petitioner's residence and 
 occupation) showeth: 
 
 1. An election was held on the day of 
 
 A.D. 19 (state the date of the general polling day) for the Elec- 
 toral District of (state the name of the 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 (state 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 de- 
 clared that the said E.F. was duly elected. 
 
 Dated the day of A.D. 19 
 
 A.B. 
 
 Form B. — Section 12. 
 
 In the Territorial Court. 
 
 Between A.B., Petitioner, 
 and 
 CD., Respondent. 
 
 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. 
 
Yukon Council. Chap. 33. . 26& 
 
 CHAP. 23. 
 
 An Ordinance Respecting the Council of the Yukon 
 
 Territory. 
 
 COUNCIL. 
 
 1. The elected members of the Yukon Council shall be Yukon 
 elected to represent the electoral districts set forth in Schedule C'°""''''- 
 1 appended to this Ordinance. C.O.Y.T. c. 2, s. 1. 
 
 VACATING OF SEATS. 
 
 2. Any elected m.emljer of the Yukon Council may vacate Resignation 
 his seat therein in the manner herein provided: of members. 
 
 (1.) He may openly in his place in Council declare his wish lii House, 
 to vacate 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 To eommis- 
 Territory a statement in writing under his hand, attested ®"'"^''' 
 by two witnesses, declaring his resignation of such seat; upon 
 receipt whereof by the Commissioner (whether during a session 
 of the Council or not) the seat of such member shall become 
 vacant. C.O.Y.T. c. 2, s. 2. 
 
 3. Upon any vacancy in the representation of any electoral Vacancy 
 district created by death or in any way other than by resigna- resignation.''^ 
 tion, any two members of the Council may give notice of the 
 vacancy to the Commissioner. C.O.Y.T. c. 2, s. 3. 
 
 4. The Commissioner upon receiving notice of the resignation issue of writ 
 or death of any Member of the Council shall fix the date for the ^^^l^y 
 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 Returning OflSicer 
 requiring him to hold such election. C.O.Y.T. c. 2, s. 4. 
 
 (1.) It shall not be necessary to prepare new voters' lists New Voters' 
 for the purpose of any election to be held in consequence of a necessary. 
 vacancy in the Yukon Council caused by the death or resig- 
 nation of any member thereof, or by a vacancy from any cause 
 whatsoever, when such election takes place within twelve 
 months from the date of a previous election in the Electoral 
 District where such vacancy occurs, but the list prepared for 
 such previous election shall be used. No. 9, 1912, s. 1. 
 
 (2.) If the name of any person otherwise entitled to vote Persons not 
 at such election and who is not otherwise disqualified from L^gts°^ay 
 voting does not appear upon the said Voters' List such person vote on taking 
 shall be entitled to vote and his name shall be placed upon the °**^- 
 
270 
 
 Chap. 23. 
 
 Yukon Council. 
 
 Voters' List by the Deputy Returning Officer and shall receive 
 a ballot paper upon taking and subscribing to the oath follow- 
 ing: 
 
 Ij of in the Yukon 
 
 Territory, do solemnly swear, 
 
 1. That I am a natural born (or naturalized) British subject 
 of the full age of twenty-one years. 
 
 2. That I have continuously resided in the Yukon Territory 
 for a period of not less than twelve months and in this Electoral 
 District of not less than one month immediately prior to this 
 date, 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 . 
 
 Resignation 
 not allowed 
 pending elec- 
 tion petition. 
 
 Resignation 
 not to affect 
 proceedings. 
 
 Deputy Returning Officer. 
 
 No. 7, 1913, s. 1. 
 
 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 has been finally 
 declared elected. C.O.Y.T. c. 2, s. 5. 
 
 6. The resignation of a Member shall in no way affect the 
 conduct or result of any proceedings taken under the pro- 
 visions of any Ordinance of the Territory respecting controverted 
 elections. C.O.Y.T. c. 2, s. 6. 
 
 Members' 
 Indemnity. 
 
 How paid. 
 
 Members to 
 receive 
 travelling 
 expenses. 
 
 INDEMNITY TO MEMBERS. 
 
 T. The Commissioner shall pay to each elected member of the 
 Yukon Council an indemnity of six hundred dollars for each 
 year of service after election, provided always that a deduction 
 at the rate of fifteen dollars per day shall be made from such 
 indemnity to any member for every day for which the council 
 has been summoned or to which it is adjourned, and for every 
 meeting of any committee of such council, of which notice 
 has been given on which such member does not attend. No. 17, 
 1904, s. 2. 
 
 8. Such indemnity may be paid from time to time as any 
 Member becomes entitled to the same, to the extent of twenty- 
 five dollars for each day's attendance, but three hundred dollars, 
 less the amount already paid may be paid at the end of each 
 six months of any fiscal year. No. 17, 1904, s. 2. 
 
 9. There shall also be paid to each member of the Council 
 his actual travelling expenses from his place of residence in 
 attending the sittings of the Council and of any Committees 
 thereof and returning to such place of residence. No. 7, 1908, 
 s. 1. 
 
Yukon Council. Chap. 23. 271 
 
 lO. The Council may by resolution waive any deduction Council may 
 for non-attendance of any representative. C.O.Y.T. c. 2, s. 10. ^^^^ ^^'^"°- 
 
 EXAMINATION OF WITNESSES. 
 
 11 • The Council may at all times command and compel Attendance of 
 the attendance before the Council or before any committee witnesses. 
 thereof of such persons, papers and things as the Council or 
 committee may deem necessary for any of its proceedings or 
 deliberations. C.O.Y.T. c. 2, s. 11. 
 
 12. Whenever the Council requires the attendance of any Clerk's 
 person before the said Council or before a committee thereof, ^b^rena"'^ 
 the Clerk may issue hii warrant directed to the person named 
 
 in the order of the Council requiring the attendance of such 
 person before the Council or a committee thereof and the 
 production of such papers and things as may be ordered. CO. 
 Y.T. c. 2, 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 °" °^^^' 
 
 of inquiry to be verified or otherwise ascertained by the oral 
 examination of witnesses and may examine such witnesses 
 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 or in B in the Schedule 2 to 
 this Ordinance. C.O.Y.T. c. 2, s. 13. 
 
 14. In all matters and cases not specially provided for Privileges 
 by any enactment of this Territory, the Council and the com- °^ Council, 
 mittees and members thereof respectively shall hold, enjoy 
 
 and exercise such and the like privileges, immunities and powers 
 as are from time to time held, enjoyed and exercised by the 
 House of Commons of Canada and by the committees and 
 members thereof respectively. No. 15, 1903, s. 1. 
 
 15. No member of the Council shall be liable to any civil Not liable to 
 action or to prosecution, arrest, imprisonment or damages by *'°^ ""^ '°°' 
 reason of any matter or thing brought by him by petition, bill, 
 resolution, motion or otherwise, or said by him, before the 
 Council. No. 15, 1903, s. 1. 
 
 16. Except for any violaiion of this Ordinance, no member Not liable to 
 of the Council shall be liable to arrest, detention or molestation '^^^^^ action. 
 for any debt or cause whatever of a civil nature, during any 
 
 session of the Council, or during the fifteen days preceding or 
 the fifteen days following such session. No. 15, 1903, s. 1. 
 
 17. During the periods mentioned in the next preceding Exempt 
 section, all officers and servants of the Council, and all witnesses ing'^g^^'^^' 
 summoned to attend before the Council or any committee, jurors. 
 
272 
 
 Chap. 33. 
 
 Yukon Council. 
 
 Not liable in 
 damages. 
 
 May make 
 rules. 
 
 shall be exempt from serving or attending as jurors before 
 any court of justice. No. 15 1903, s. 1. 
 
 18. No person shall be liable in damages or otherwise 
 for any act done under the aubhority and within the legal 
 power of the Council, or under or by virtue of any warrant 
 issued under such authority. All persons to whom such war- 
 rants are directed may command the, aid and assistance of all 
 sheriffs, bailiffs, constables and others; and every refusal or 
 failure to give such aid or assistance when required shall be a 
 violation of this Ordinance. No. 15, 1903, s. 1. 
 
 19. The Council may establish rules for its government 
 and the attendance and conduct of its members, and alter, 
 amend and repeal the same; and may punish members for 
 disorderly conduct or breach of the rules of the Council. The 
 rules and orders of the Council now existing shall continue in 
 force until altered, amended or repealed. All rules of the 
 Council not inconsistent with this Ordinance shall have the 
 force and effect of law, until altered, amended or repealed by it. 
 No. 15, 1903, s. 1. 
 
 What are 
 
 deemed 
 
 violations. 
 
 20. The following acts, matters and things are prohibited, 
 and shall be deemed violations of this Ordinance: 
 
 (1.) Insults to or assaults or libels upon members of the 
 Council during the session of the Council; 
 
 (2.) Obstructing, threatening or attempting to force or 
 intimidate members of the Council; 
 
 (3.) The refusal or failure of any member or officer of the 
 Council, or other person, to obey any rule, order or resolution 
 of the Council; 
 
 (4.) The offering to or acceptance by any member of the 
 Council of a bribe to influence him in his proceedings as such 
 member, or the offering to or acceptance by any such member 
 of any fee, compensation or reward for or in respect to the 
 promotion of any bill, resolution, matter or thing submitted to 
 or intended to be submitted to the Council or any committee; 
 
 (5.) Assaults upon or interference with officers of the 
 Council while in the execution of their duty; 
 
 (6.) Tampering with any witness in regard to evidence 
 to be given by him before the Council or any committee; 
 
 (7.) Giving false witness or prevaricating, or otherwise 
 misbehaving in giving or refusing to give evidence or to produce 
 papers before the Council or any committee; 
 
 (8.) Disobedience to a warrant issued under the authority 
 of this Ordinance requiring the attendance of witnesses before 
 the Council or any committee; 
 
 (9.) Presenting to the Council or to any committee any 
 forged or falsified document, with intent to deceive the Council 
 or committee; 
 
 (10.) Forging, falsifying or unlawfully altering any of 
 the records of the Council or of any committee, or any document 
 or petition presented or filed, before the Council or committee. 
 
Yukon Council. Chap. 23. 273 
 
 or the setting or subscribing by any person of the name of any 
 other person to any such document or petition with intent to 
 deceive; 
 
 11. The bringing of any civil action or prosecution against, 
 or the causing or effecting of any arrest or imprisonment of any 
 member of the Council in any civil proceeding for or by reason 
 of any matter or thing brought by him by petition, bill, resolu- 
 tion, motion or otherwise, or said by him before the Council; 
 
 12. The causing or effecting the arrest, detention, or 
 molestation of a member of the Council- for any debt or cause 
 whatever of a civil nature, during a session of the Council, 
 or during the fifteen days preceding or the fifteen days following 
 such session. No. 15, 1903, s. 1. 
 
 21. Every person who is guilty of a violation of this Penalty for 
 Ordinance shall be liable (in addition to any other penalty or breach of 
 punishment to which he is by law liable), to imprisonment ^''•^'"^"''e. 
 for such time during the session of the Council then being held 
 
 as is determined by the Council before which such violation 
 is inquired into. No. 15, 1903, s. 1. 
 
 22. The Council shall be a court of record and shall have Council a 
 all the rights and privileges of a court of record for the purpose court of 
 of summarily inquiring into and punishing the acts, matters '^"""'^ 
 and things herein declared to be violations of this Ordinance. 
 
 No. 15, 1903, s. 1. 
 
 2. For the purposes of this Ordinance the Council is hereby Powers 
 
 declared to possess all such powers and iurisdiction as is necessary awarded 
 ,. ..^..j. '^, ". ,, ..•' council. 
 
 for mquinng into, judging and pronouncing upon the commission 
 
 or doing of any such acts, matters or things, and awarding and 
 
 carrying into execution the punishment therefor provided by 
 
 this Ordinance. 
 
 3. Every warrant of commitment under this section Warrant. 
 shall succinctly and clearly state and set forth on its face the 
 nature of the offence in respect of which it is issued. 
 
 4. The Council shall have power to make such rules as Procedure, 
 are deemed, necessary or proper for its procedure as such court 
 
 as aforesaid. 
 
 23. The determination of the Council upon any pro- Determina- 
 ceeding under this Ordinance shall be final and conclusive, tio" fi^^i- 
 No. 15, 1903, s. 1. 
 
 INDEPENDENCE. 
 
 24. No member of the Council, and no barrister or solicitor No fee for 
 who in the practice of his profession is a partner of any member ^j°™°*"^ 
 of the Council, shall accept or receive, either directly or indirectly, 
 
 any fee, compensation or reward for or in respect of the pro- 
 moting of any bill, resolution, matter or thing submitted or 
 intended to be submitted to the consideration of the Council 
 or any committee. 
 70263—18 
 
274 
 
 Chap. 23. 
 
 Yukon Council. 
 
 Penalty. 
 
 How to be 
 recovered. 
 
 2. Any person violating the provisions of this section shall 
 be liable to a penalty of three hundred dollars in addition to 
 the amount or value of the fee, compensation or reward accepted 
 or received by him. 
 
 3. Such penalty and such amount or value may be 
 recovered in the Territorial Court by any person who sues 
 for the same. One-half of the amount recovered shall belong 
 to the crown and one-half to the person who sues, unless he 
 was a party to or implicated in the violation of this Ordinance 
 in respect to which the action was brought, or was a witness 
 at the trial of the action, in which cases the whole shall belong 
 to the crown. No. 15, 1903, s. 1. 
 
 GENERAL PBOVISIONS. 
 
 ^^*^j 25. Upon any inquiry touching the privileges, immunities 
 
 prima facie or powers of the Council, or of any committee or member 
 
 evidence of thereof, any copy of the journals of the Council printed or 
 
 journa a. purporting to be printed by the order of the same shall be 
 
 admitted as prima facie evidence of such journals by all courts, 
 
 justices and others without further proof that such copy was 
 
 so printed. No. 15, 1903, s. 1. 
 
 Action Btayed 26. In any civil proceeding against any person for or on 
 on production account or in respect of the publication of any copy of any 
 jouma 3. report, paper, vote or proceedings of the Council the defendant 
 at any stage of the proceedings may lay before the Court or 
 judge such report, paper, vote or proceeding, and such copy, 
 with an affidavit verifying such report, paper, vote or pro- 
 ceedings, and the correctness of such copy; and the Court or 
 judge shall immediately stay such civil proceeding, and the 
 same, and every writ or process issued therein, shall be finally 
 put an end to, determined and superseded. No. 15, 1903, s. 1. 
 
 Publication 
 bona fide 
 and without 
 malice a 
 defence. 
 
 Evidence of 
 journals. 
 
 Immunity 
 of ofScera. 
 
 27. It shall be lawful in any civil proceeding against any 
 person for printing any extract from or abstract of any such 
 report, paper, vote or proceedings, to give in evidence such 
 report, paper, vote or proceedings, and to show that such 
 extract or abstract was published bona fide, and without malice; 
 and if in the opinion of the court, or if in the opinion of the jury, 
 if there is a jury, such publication was bona fide and without 
 malice, judgment shall be rendered or a verdict shall be entered 
 for the defendant. No. 15, 1903, s. 1. IS *s^ 
 
 28. A copy of the journals of the Council, printed or 
 purporting to be printed by order of the same, or certified by 
 the Clerk of the Council, shall be admitted as prima fade evidence 
 of such journals by all courts and justices without further proof 
 that such copies were so printed. No. 15, 1903, s. 1. 
 
 29. No action shall be brought against any officer of the 
 Council, or any person assisting such officer, for any act or 
 thing done by authority of the Council. No. 15, 1903, s. 1. 
 
Yukon Council. Chap. 23. 275 
 
 30. The Council of the Yukon Territory may sue and be X"*^""^. 
 sued, plead or be impleaded in any court, and service of process aue""tc.'"*^ 
 upon the Commissioner of Jihe Yukon Territory shall be deemed 
 
 good and sufficient service upon the Council of said Territory. 
 No. 4, 1907, s. 1. 
 
 31. In case of the absence of the Commissioner from the i" absence 
 Yukon Territory service of process upon the Acting Commis- sioner"™'^ 
 sioner shall be deemed good and sufficient service upon the 
 Council of said Territory. No. 4, 1907, s. 1. 
 
 32. Notwithstanding anything contained in this Ordi- Consent of 
 nance no action shall be commenced in any court against the ^onerrt 
 Council of the Yukon Territory except upon the written consent quired, 
 of the Commissioner obtained upon petition presented to him 
 
 by an interested party. No. 4, 1907, s. 1. 
 
 SCHEDULE 1. 
 
 1. The electoral District of North Dawson shall consist of all 
 that portion of the Yukon Territory commencing at the point 
 of intersection of the eastern limit of the Yukon Territory with 
 the watershed, dividing Peel River and its tributaries from the 
 Stewart River and its tributaries; thence westerly along said 
 watershed to the head of the Klondike River; thence southerly 
 and westerly along the centre of the main channel of the Klondike 
 River to its intersection with the eastern boundary of the City 
 of Dawson; thence northerly along the eastern boundary line 
 of the City of Dawson to its intersection with the prolongation of 
 the centre line of King street; thence southerly along the centre 
 line of King street and the prolongation to the centre of the 
 Yukon River; thence along the centre of the main channel of the 
 Yukon River to the mouth of Dawson Creek; thence up Dawson 
 Creek to the watershed dividing the Fortymile River and tribu- 
 taries from the Sixtymile River and tributaries; thence westerly 
 along said watershed to its intersection with meridian 141 degrees 
 west; thence north along said meridian to the northern limit 
 of the Yukon Territory; thence easterly and southerly along 
 the northern and eastern limits of the Yukon Territory to the 
 point of commencement, and such electoral district shall return 
 two members. No. 17, 1904, s. 3. 
 
 2. The Electoral District of South Dawson shall consist of all 
 that portion of the Yukon Territory commencing at the junction 
 of the Klondike River with the eastern boundary of the City 
 of Dawson; thence northerly along the eastern city limit of 
 Dawson to its intersection with the prolongation of the centre 
 line of King street; thence southerly along the centre line of 
 King street and a prolongation thereof to the centre of the 
 Yukon River; thence along the centre of the Yukon River to the 
 mouth of Dawson Creek; thence up Dawson Creek to the 
 watershed dividing the Fortymile River and tributaries from 
 the Sixtymile River and tributaries; thence along said water- 
 
276 Chap. 23. Yukon Council. 
 
 shed to its intersection with meridian 141 degrees west; thence 
 south along said meridian to its intersection with the main 
 channel of the White River; thence down stream along the 
 centre of the main channel of the White River and Yukon 
 River to the mouth of the Klondike River; thence up-stream 
 along the centre of the main channel of the Klondike River to 
 the point of commencement, and such electoral district shall 
 return two members. No. 17, 1904, s. 3. 
 
 3. The Electoral District of Klondike shall consist of all that 
 portion of the Yukon Territory commencing at a point in the 
 centre of the Klondike River at the old Bonanza Upper Ferry 
 Crossing; thence along the centre of the old Bonanza trail with 
 its junction with the Ridge Road so called; thence along the 
 centre line of the Ridge Road and the watershed between 
 Bonanza and Hunker Creeks to King Solomon's Dome; thence 
 along the watershed dividing Sulphur and Quartz Creeks to the 
 centre of the Indian River at the mouth of Australia Creek ; 
 thence up the centre of Indian River to its intersection with 
 the Whitehorse Overland Trail; thence along said Whitehorse 
 Overland Trail to its intersection with the watershed dividing 
 the Stewart River and its tributaries from the Felly River and 
 its tributaries; thence easterly along the said watershed to the 
 eastern limit of said Territory; thence northwesterly along 
 the eastern limit of the said Territory to its intersection with 
 the watershed dividing the Feel River and its tributaries from 
 the Stewart River and its tributaries; thence westerly along 
 the said watershed to the head of the Klondike River; thence 
 southerly and westerly along the centre of the main channel of 
 the Klondike River to the point of commencement, and such 
 electoral district shall return two members. No. 17, 1904, s. 3. 
 
 4. The Electoral District of Bonanza shall consist of all that 
 portion of the Yukon Territory commencing at a point in the 
 centre of the Klondike River at the crossing of the old Bonanza 
 Upper Ferry ; thence along the centre of the old Bonanza 
 trail to its junction with the Ridge Road; thence along the 
 centre line of the Ridge Road along the watershed dividing 
 Hunker and Bonanza Creeks to King Solomon's Dome; thence 
 down the watershed dividing Sulphur from Quartz Creeks to 
 the centre of Indian River at the mouth of Australia Creek; 
 thence up the centre of Indian River to its intersection with 
 the _ Whitehorse Overland Trail; thence along said Overland 
 Trail to its intersection with the watershed dividing Stewart 
 River and its tributaries from the Felly River and its tribu- 
 taries; thence along said watershed to the eastern limit of said 
 Territory; thence southeasterly and westerly along the eastern 
 and southern limits of the Yukon Territory to the intersection 
 of the southern boundary line of said Territory with the water- 
 shed dividing the Felly River and tributaries from the Yukon 
 River and tributaries; thence northwesterly along said water- 
 shed to the confluence of the Yukon and Felly Rivers; thence 
 down the centre of tlie main channel of the Yukon River to 
 the mouth of the Klondike River; thence up the centre of the 
 Klondike River to the point of commencement, and such elec- 
 toral district shall return two members. No. 17, 1904, s. 3. 
 
Yukon Council. Chap. 23. 277 
 
 5. The Electoral District of Whitehorse shall consist of all 
 those portions of the Yukon Territory not included in Electoral 
 Districts Numbers 1, 2, 3 and 4 hereinbefore described, and 
 such electoral district shall return two members. No. 17, 1904, 
 s. 3. 
 
 SCHEDULE II. 
 
 Section 13. — 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, God. 
 
 Form B. 
 
 You do solemnly, sincerely and truthfully aflBrm that the 
 evidence you shall give on this examination shall be the truth, 
 the whole truth and nothing but the truth. 
 
278 
 
 Chap. 34. 
 
 Creditors^ Relief. 
 
 CHAP. 24. 
 
 An Ordinance to Abolish Priority among Execution 
 
 Creditors. 
 
 SHORT TITLE. 
 
 Short title. 
 
 1. This Ordinance may be cited as The Creditors' Relief 
 Ordinance. C.O.Y.T., c. 24, s. 1. 
 
 INTERPRETATION . 
 
 Interpreta- 
 tion. 
 
 3. In this Ordinance the expression "sheriff" includes 
 deputy sheriffs, duly appointed bailiffs, coroners and any other 
 person discharging the duties of sheriff in the particular case 
 or for the time being; the expression "judge" means a judge 
 of the Territorial Court of the Yukon Territory. C.O.Y.T. 
 c. 24, s. 2. 
 
 PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS 
 
 REALIZED. 
 
 Priorities 
 «boliehed. 
 
 When levy 
 made. 
 
 Sheriff to 
 ^ive notice. 
 
 Ratable 
 ■distribution. 
 
 Form o( 
 notice. 
 
 Interpleader 
 proceedings. 
 
 Persona 
 entitled after. 
 
 3. Subject to the provisions hereinafter contained there 
 shall be no priority among creditors by execution from the 
 Territorial Court of the Yukon Territory. 
 
 (a) If a sheriff levies money upon an execution against the 
 property of a debtor he shall forthwith enter in a book to be 
 kept in his office open to public inspection without charge a notice 
 stating that such levy has been made and the amount and 
 date thereof and the money levjed shall at the expiration of 
 two months from the levy unless otherwise ordered by a judge 
 be distributed ratably amongst all execution 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 realized by sale of lands for which 
 a certificate of title has been granted under The Lands Titles 
 Act, the said period of two months shall be computed from the 
 date of confirmation of the sheriff's sale under the said Act. 
 
 (6) The notice shall state the day upon which it was entered 
 and may be in form A given in the schedule hereto. 
 
 (c) Where proceedings are taken by the sheriff or other 
 officer for relief under any provisions relating to interpleader 
 those creditors only who are parties thereto and who agree 
 to contribute pro rata (in proportion to the amount of their 
 
Creditors' Relief. Chap. 24. 279 
 
 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 Sheriff's 
 into court by the sheriff pending the trial of an interpleader mo^y 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- p"*®^'^'!?^^*' 
 ings on behalf of all creditors interested and the cost thereof Costs, 
 as between solicitor and client shall be a first charge upon the 
 moneys or goods which are found by the proceedings to be 
 applicable upon the executions. 
 
 (d) If the sheriff shall subsequently to the entry of the notice Procedure 
 but within the two months levy a further amount upon the levy made, 
 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 
 shall 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 pro- 
 visions of this section and so on from time to time: 
 
 Provided, however, that the judge may on application delay 
 any of such distribution or any part thereof to give reasonable 
 time for obtaining judgment and fix a date for such distri- 
 bution. 
 
 (e) If a debtor voluntarily and without any sale by the sheriff Pa'* of ^ 
 pays to the sheriff part of the amount owing in respect of an debTpaid 
 execution in the sheriff's hands and there is at the time no other before sale, 
 execution in the sheriff's hands the sheriff is to apply the same 
 
 on the execution so in his hands and subsections (a) (6) (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 against under^^' * ^ 
 ^oods only or lands only shall be entitled to share ratably execution 
 with all others any moneys reaUzed under execution either 8°°'^^' ^*<'- 
 against goods or lands or against both. C.O.Y.T. c. 24, s. 3. 
 
 4. When the amount levied by the sheriff is not sufficient Costs made 
 to pay the execution debts with costs in full the moneys shall Preference, 
 be applied to the payment ratably of such debts and 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 instance and under 
 whose execution the seizure and levy were made. C.O.Y.T. 
 c. 24, s. 4, 
 
 5. Moneys realized by the sheriff as the result of attach- Attachment 
 ment of personal property shall be distributable under the p™'=^'^"'88- 
 provisions of this Ordinance. C.O.Y.T. c. 24, s. 5. 
 
280 
 
 Execution 
 creditors 
 alone to 
 share. 
 
 Chap. 34. 
 
 Creditors' Relief. 
 
 6. No creditor 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. C.O.Y.T. c. 24, s. 6. 
 
 of^lxl^Xn' '*'• If *lie debtor without any sale by the sheriff pays the 
 paid without fuU amount owing in respect of the executions in the sheriff's 
 s»i«- hands at the time of such payment and no other execution 
 
 has been placed in his hands or in case all executions in the 
 sheriff's hands are withdrawn no notice shall be entered as 
 required by section 3 of this Ordinance and no further pro- 
 ceedings 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. 
 C.O.Y.T. c. 24, s. 7. 
 
 Prooedui'e 
 where writ 
 stayed. 
 
 Fund in court 
 belonging to 
 execution 
 debtor. 
 
 8. Where there is in any court a fund belonging to an execu- 
 tion debtor and to which he is entitled the same or a sufficient 
 part thereof to pay the executions in the sheriff'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. 
 C.O.Y.T. c. 24, s. 8. 
 
 One seizure ©. One Seizure by the sheriff of the goods and lands of the 
 ^x^utlons^'^ debtor shall be deemed sufficient and shall be deemed a seizure 
 sharing. on behalf of all creditors sharing under such seizure as here- 
 
 inbefore provided. C.O.Y.T. c. 24, s. 9. 
 
 SheriflE 
 entitled to 
 single 
 poundage 
 only. 
 
 lO. Where money is to be distributed under this Ordi- 
 nance the sheriff shall not be entitled to poundage as upon 
 separate writs but only upon the net proceeds of the estate 
 distributed by him and at the same rate as if the whole amount 
 had been payable under one writ. C.O.Y.T. c. 24, s. 10. 
 
 Sheriff's 
 return after 
 levy. 
 
 11. When money is made upon a writ the same shall be 
 taken for the purposes of the sheriff's return and otherwise 
 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 
 
Creditors' Relief. Chap. 34. 281 
 
 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 Compelling 
 by the sheriff of money payable in respect of an execution Cher's!"* ^^ 
 or other claim as may now be had to compel the return by the 
 sheriff of a writ of execution. C.O.Y.T. c. 24, s. 11. 
 
 12. The sheriff shall, pending the distribution of moneys SherlflEtokeep 
 levied, keep in the said book mentioned in section 3 of this ^arti^fars"' 
 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; 
 
 (6) Each execution in his hands at the time of entering 
 the notice form A required by section 3 hereof or sub- 
 sequently received during the month, the amount thereof 
 for debt and cost and the date of receipt and such state- 
 ment shall be amended from time to time as an addi- 
 tional amount is levied or a new execution is received. 
 C.O.Y.T. c. 24, s. 12. 
 
 13. Where the money levied is insufficient to pay all claims Questions as 
 in full and the sheriff is bona fide in doubt as to how the proceeds to distribution 
 should be distributed or where any contest arises among the 
 creditors as to the distribution of the 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 Contestation. 
 for distribution and the executions 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 chamber for a summons 
 calling upon all parties interested to attend before the judge 
 in chambers to settle a scheme of distribution and such sum- 
 mons shall be made returnable at such time and shall be served 
 on 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 contestation Direction by 
 the judge shall give such directions for saving the expense ^"^fraf'^^''® 
 of an unnecessary number of parties and trials or of unnecessary creditors. 
 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 inter- 
 ested in the same or by any party to such contestation. CO. 
 Y.T. c. 24, s. 13. 
 
282 
 
 Chap. 24. 
 
 Creditors' Relief. 
 
 ShCTifEto 14. The sheriff shall at all times, without fee, answer any 
 
 information, reasonable question which he is asked orally in respect to the 
 estate of the debtor by a creditor or any one acting on behalf 
 of a creditor and shall facilitate the obtaining 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. C.O.Y.T. c. 24, s. 14. 
 
 money^o^be^ 15. If a sheriff has money in his hands which by reason 
 placed in of the provisions of this Ordinance or otherwise he cannot 
 bank. 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 incorporated bank 
 in which the public money is then being deposited, and such 
 deposit shall be made in the name of the sheriff in trust, CO. 
 Y.T. c. 24, s. 15. 
 
 Irregularities 
 not to void 
 proceeding. 
 
 16. No proceeding under this Ordinance shall be void for 
 any defect of form and the rules for amending or otherwise 
 curing 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 aside by the judge with 
 or without costs as he thinks fit. C.O.Y.T. c. 24, s. 16. 
 
 When i^ 17. The provisions of this Ordinance shall not apply to 
 SamHcaMe *^^ procccds of any seizure allowed under section 4 of chapter 
 ■ 30 of The Consolidated Ordinances. C.O.Y.T. c. 24, s. 17. 
 
 h^e^pnori/y ^^' ^^^ persons in the employment of an execution debtor 
 of claim. at the time of the notice mentioned in subsection (a) of sec- 
 tion 3 of this Ordinance or within one month before such notice, 
 who shall become entitled to share in the distribution 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. 
 C.O.Y.T. c. 24, s. 18. 
 
 # See errata, slip immediaMy 
 
Creditors' Relief. 
 
 Chap. 24. 
 
 283 
 
 SCHEDULE. 
 FORM A. 
 
 Shebiff's Notice. 
 
 Section 12. 
 
 Notice is hereby given that I have by virtue of certain exe- 
 cutions 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 C.D. entitled to share 
 therein at the expiration of two months from the 
 day of 19 
 
 T.G. 
 Sheriff. 
 Dated, etc. 
 
 FORM B. 
 
 Shebiff's Statement of Executions in Hand against C.D. 
 
 Section 12. 
 
 Cause. 
 
 Pro- 
 ceeding. 
 
 Claim 
 
 Without 
 
 Costs. 
 
 Costs. 
 
 Date of 
 
 Receipt by 
 
 Sheriff. 
 
 Amount 
 Levied. 
 
 Date of 
 Levy. 
 
 A. B. vs. C.D. 
 
 F. G. vs. C. D. 
 and E. G. 
 
 Fi-fa 
 goods. 
 
 Fi-fa 
 lands. 
 
 3 504 
 $ 400 
 
 $30.00 
 $20.00 
 
 18 Feb., 1893 
 20 Feb.,1893 
 
 $500,00 
 $200.00 
 
 1 May, 1893. 
 
 3 May, 1893. 
 Nothing 
 
 made 
 
 against 
 
 E.G. 
 
 
 
 
 
 . - 
 
 .'•--^ r4. i 
 
 :• • - • •■ 
 
284 
 
 Chap. 35. 
 
 Dentistry. 
 
 CHAP. 25. 
 An Ordinance respecting the Practice of Dentistry. 
 
 SHORT TITLE. 
 
 Short title. 1. This Ordinance may be cited as The Dental Ordinance. 
 C.O.Y.T. c. 49, s. 1. 
 
 REGISTER. 
 
 Dental 
 register. 
 
 Who to be 
 entered on 
 reglst-er. 
 
 3. The Territorial Secretary shall cause to be prepared a 
 register to be called the Dental Register for the Yukon Terri- 
 tory. C.O.Y.T. c. 49, s. 2. 
 
 3. He shall forthwith cause to be entered in such register 
 with the date of entry the name of — 
 
 1. Every person who at the time of the coming into 
 force of the Consolidated Ordinances of the Yukon Terri- 
 tory, 1902 was and had been for twelve months next 
 preceding such time actively engaged within the Yukon 
 Territory in the practice of the profession of Dentistry 
 or Dental Surgery and who has verified such fact by statutory 
 afiirmation. And shall from time to time upon application 
 and production of satisfactory evidence enter in such Register 
 with the date of entry the name of: 
 
 2. Every person who possesses a diploma of graduation in 
 Dental Surgery from any Dental College in Canada or from any 
 University in Canada having a special Dental department or 
 from any Dental College or University having such depart- 
 ment in Great Britain or in any of her dependencies. 
 
 3. Every person who has served two years as an apprentice 
 to a dental practitioner within the Yukon Territory having at 
 the time of the commencement of such apprenticeship and during 
 such two years the qualifications contained in any one of the 
 preceding subsections of this section or whose name was at such 
 time and during such two years entered in such register under 
 this Ordinance, if such person has passed such examination as is 
 prescribed by the Dental Board, and obtains from such prac- 
 titioner to whom he was apprenticed a certificate of satisfactory 
 service and good moral character. 
 
 4. Every person who produces a diploma of graduation 
 frorn a foreign dental college or school of dentistry, or who 
 furnishes a certificate from the Government of his country, 
 authorizing him to practise in his country, and passes the 
 examination hereinafter prescribed. C.O.Y.T. c. 49, s. 3. 
 No. 18, 1903, s. 2. 
 
 No person to 4. The Territorial Secretary shall not enter in such register 
 uSls8*1eIs ^^y person until such person has paid to the Territorial Treasurer 
 paid. a fee of Twenty-five Dollars, if he is entitled to be so entered 
 
Dentistry. Chap. 25. 285 
 
 under subsection (1) of the next preceding section, or a fee of 
 Fifty Dollars, if he is entitled to be so entered under any other 
 subsection of said section. C.O.Y.T. c. 49, s. 4. 
 
 5. No person shall practise the profession of Dentistry or No person to 
 Dental Surgery within the Yukon Territory unless his name Practise unless 
 has been entered in such register under the provisions of this regfster " 
 Ordinance. C.O.Y.T. c. 49, s. 5. 
 
 6. On or before the 1st day of August in each and every year Dental 
 the Commissioner of the Yukon Territory shall appoint two or ^°'"'''- 
 more examiners in dentistry and dental surgery, to be called the 
 Dental Board, to serve for a period of two years or until their 
 successors are appointed, whose duty it shall be to examine the 
 credentials of the candidates, prepare examination papers and 
 conduct examinations. In the event of a vacancy on the said 
 Board caused by the death, resignation, removal from the 
 country, or otherwise, the Commissioner shall appoint another 
 
 or others in their stead. 
 
 2. Every candidate for examination shall pay to the Candidates 
 Dental Board such fee as is fixed by the Commissioner for such and pai^^ 
 examination, and shall produce a diploma of graduation from a examination. 
 dental college or school of dentistry or satisfactory evidence of 
 
 having served an apprenticeship as provided for in this Ordi- 
 nance, and pass an examination in the following subjects: 
 Anatomy, Physiology, Chemistry, Histogeny, Materia Medica, 
 General and Dental Pathology, Metallurgy, Operative and 
 Prosthetic Dentistry, Oral Surgery and such other subjects 
 as are prescribed by such Board from time to time and approved 
 by the Commissioner. 
 
 3. The Dental Board may retain the examination fee in Dental 
 payment for their services as such examiners. C.O.Y.T. ^°^^^ , . 
 c. 49, s. 6. No. 18, 1903, s. 4. ir.^"*"'" 
 
 7. A certificate from the Dental Board that a candidate ^^S'^Si* 
 has passed the prescribed examination shall entitle such candi- Board, 
 date to be registered upon payment of the registration fee. No. 
 
 18, 1903, s. 5. 
 
 8. The Territorial Secretary shall upon request issue to Certificate of 
 any person whose name is entered in such register a certificate on*register t<f 
 of such entry and of the date thereof and such certificate shall be given. 
 
 be sufficient evidence of the facts so certified. C.O.Y.T. 
 c. 49, s. 8. 
 
 8. Every person who proposes to become entitled to be Apprentices 
 entered on the register by reason of service of apprenticeship to f CTritoriaf 
 in the Yukon Territory to be performed after the passing of Secretary and 
 this Ordinance shall give notice to the Territorial Secretary ^'® articles, 
 of the fact and file with such Secretary a verified copy of his 
 articles of apprenticeship. C.O.Y.T. c. 49, s. 9. 
 
 lO. The Secretary shall keep a record of such notices and bl°^tered*1n 
 copies and shall enter no such person in the Dental Register register until 
 unless two years have passed since the receipt by the Secretary of *{|^°/fi^^„ 
 such notice and copy. C.O.Y.T. c. 49, s. 10. articles. 
 
286 
 
 Chap. 35. 
 
 Dentistry. 
 
 PAYMENT OF ANNUAL FEE. 
 
 Annual fee. 
 
 Names to be 
 erased if 
 annual fee 
 nofTpaid . 
 
 11. Every person whose name is entered in the Dental 
 Register shall on or before the thirtieth day of June in each 
 year, pay to the Territorial Treasurer a fee of Ten Dollars 
 and obtain a receipt therefor. C.O.Y.T. c. 49, s. 11. 
 
 12. The Territorial Secretary shall erase from such register 
 the name of every person who does not on or before the 30th 
 day of June in any year produce to him such receipt, signed 
 by the Treasurer, showing payment of said fee. The name of 
 such person may be re-entered upon payment of a fee of Twenty- 
 five Dollars to the Treasurer, and production to the Secretary 
 of proof of such payment. C.O.Y.T. c. 49, s. 12. 
 
 ONLY REGISTERED DENTISTS TO PRACTISE. 
 
 No person to 
 practise 
 dentistry 
 unless name 
 on register. 
 
 Name may 
 be struck 
 off register. 
 
 Territorial 
 secretary to 
 send notice. 
 
 Decision to 
 be final. 
 
 13. Subject to the exceptions hereinafter made no person 
 shall practise Dentistry or Dental Surgery in any of its several 
 branches in the Yukon Territory unless his name is entered in 
 the Dental Register. 
 
 2. The Territorial Secretary upon proof by statutory 
 declaration that any person registered under any of the pro- 
 visions of this Ordinance is not domiciled in, or a bona fide 
 resident of the Yukon Territory, shall erase the name of such 
 person from the Dental Register and the name of such person 
 shall not be entered on the Dental Register except under the 
 provisions of subsection 2 of Section 6 of this Ordinance. 
 
 3. Before striking off the name of any such person the 
 Territorial Secretary shall give written notice to such person 
 by posting, duly registered, addressed to such person at the 
 address left with him by such person, or if no address is left, 
 then at Dawson, Y.T., a statement that such statutory declara- 
 tion has been made at least twenty days before a date named in 
 such statement. On such date if such person does not appear 
 at the office of the Territorial Secretary by himself or some other 
 person and disprove the allegations contained in such declara- 
 tion his name shall be struck from the register. 
 
 4. The decision of the Territorial Secretary shall be final 
 C.O.Y.T. c. 49, s. 13. No. 18, 1903, s. 6. 
 
 STRIKING NAME OFF THE REGISTER. 
 
 Persons 14. Every person who makes any false representations for 
 
 regfstCT by ^^^. P^^'Pose of Securing the entry in the register of his name, 
 false or in the course of applying to have his name so entered shall 
 
 representation forfeit the right to have his name entered and if the same has 
 oflf. ® ^ ""^ been entered in the register the same shall be erased therefrom 
 
 and a note made by the Secretary of the ground of such erasure. 
 
 C.O.Y.T. c. 49, s. 14. 
 
Dentistry. Chap. 35. 287 
 
 15. Every practitioner who has: Names to be 
 
 1. After due inquiry been adjudged by a Board appointed by erased (or 
 the Commissioner to have been guilty of infamous conduct cause. 
 
 in any professional respect, or 
 
 2. Made any material misrepresentation to the Secretary in 
 order to procure the entry of his name on the register, or 
 
 3. Been convicted of any crime punishable by imprisonment 
 in the penitentiary, shall forfeit the right to have his name 
 entered in the register and his name, if entered, shall be erased 
 from the register and his name shall be published in the Yukon 
 Official Gazette as having been so erased. C.O.Y.T. c. 49, s. 15. 
 
 PUBLICATION OF BEGISTEE. 
 
 16. The Secretary shall on or before the tenth day of July List of names 
 in each year publish in the Gazette aforesaid a list of the persons Jf^'^^^I^'J *j 
 whose names are entered in the Dental Register and who are annually^ ^ 
 entitled to practise Dentistry and Dental Surgery. C.O.Y.T. 
 
 c. 49, s. 16. 
 
 IT. No person shall be entitled to recover any charge in any No charge to 
 court of justice for any professional advice or attendance or recover 
 for the performance of any operation appertaining to the registered, 
 practice of dentistry or dental surgery or for any surgical or 
 dental appliances which he has supplied, unless his name is 
 registered under this Ordinance, but this section shall not 
 apply to duly qualified medical practitioners or to duly qualified 
 druggists or chemists in the course of their practice or business. 
 C.O.Y.T. c. 49, s. 17. 
 
 18. Every person whose name is not registered under the Penalties. 
 provisions of this Ordinance who, 
 
 (a.) practises dentistry or dental surgery for hire, gain or 
 hope of reward, or 
 
 (6.) wilfully or falsely pretends to be a practitioner of dentistry 
 or dental surgery, or 
 
 (c.) takes or uses any name, title, addition or description 
 implying or calculated to lead people to infer that his name 
 is registered under this Ordinance, or 
 
 (d.) professes by public advertisement, card, circular, sign 
 or otherwise to practise dentistry or dental surgery or to give 
 advice therein or in any wise to lead people to infer that he is 
 qualified to practise dentistry or dental surgery in the Yukon 
 Territory, shall be liable to a penalty of fifty dollars, and every 
 day on which any such offence occurs shall be deemed a separate 
 offence. C.O.Y.T. c. 49, s. 18. 
 
 19. Every person who wilfully procures or attempts to Penalty for 
 procure his name to be registered under this Ordinance by ^«|'j^\«™e 
 making or producing or causing to be made or produced any represen- 
 false or fraudulent representation or declaration either verbally tations. 
 
 or in writing and every person knowingly aiding and assisting 
 him therein shall be liable to a penalty of five hundred dollars. 
 C.O.Y:T. c. 49, s. 19. 
 
288 
 
 Chap. 25. 
 
 Dentistry. 
 
 Penalties. 
 
 How 
 
 recovered. 
 
 20. Every penalty under this Ordinance shall be recover- 
 able with costs and may be sued for and recovered in the same 
 manner as a private debt by the Territorial Secretary or by any 
 dental practitioner, whose name is registered under this Ordi- 
 nance in the Territorial Court and being recovered shall belong 
 to the general revenue fund of the Yukon Territory. C.O.Y.T. 
 c. 49, s. 20. 
 
 Burden ot 21. Upon the trial of any action under the provisions of 
 
 defendant to" *^is Ordinance the burden of proof as to the right of defendant 
 show right to practise dentistry or dental surgery in the Yukon Territory 
 shall be upon the defendant. C.O.Y.T. c. 49, s. 21. 
 
 to practise. 
 
 Action. 
 When to be 
 commenced. 
 
 22. No such action shall be commenced after one year 
 from the date of the offence or cause of action. C.O.Y.T. 
 c. 49, s. 22. 
 
 GENERAL PROVISIONS. 
 
 Aid given in 23. Nothing in this Ordinance shall prevent any person 
 prevented by ^^om giving neccssary aid to any one in urgent need of it; 
 this Ordi- provided that such aid is not given for hire or gain nor the 
 °?°°?, , giving of such aid made a business or way of gaining a liveli- 
 no Charge hood. C.O.Y.T., c. 49, s. 23. 
 
 made. 
 
Distress and Extra-judicial Seizure. Chap. 36. 289 
 
 CHAP. 26. 
 
 An Ordinance respecting Distress for Rent and Extra- 
 judicial Seizure. 
 
 1. No person making any distress for rent nor any person Costs in 
 employed in any manner in making such distress or doing any distraints 
 act in the course of such distress or for carrying the same into ?ates"in'"^'"' 
 effect shall have, take or receive out of the proceeds of the schedule. 
 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 per- 
 formed or done. C.O.Y.T. c. 31, s. 1. 
 
 S. No person making any seizure under the authority of any Seizure under 
 chattel mortgage, bill of sale or any other extra-judicial process mortgage 
 nor any person employed in any manner in making such seizure etc., costs 
 or doing any act in the course of such seizure or for carrying the regulated. 
 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 person 
 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. C.O.Y.T. c. 31 
 s. 2. 
 
 3. If any person making any distress or seizure referred to Penalty for 
 in sections 1 and 2 of this Ordinance takes or receives any other exoesSvo 
 or greater costs than are set down in the said schedule or makes costs. 
 any charge for any act, matter or thing mentioned in the said 
 schedxile 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 provisions of this Ordinance and the costs of suit. CO. 
 Y.T. c. 31. s. 3. 
 
 4. A landlord shall not distrain for rent on the goods and Distraint for 
 chattels the property of any person except the tenant or person to"pro^rty'' 
 who is liable for the rent although the same are found on the of tenant. 
 
 70263—19 
 
290 Chap. 26. Distress and Extra-judicial Seizure. 
 
 Exceptions, premises; but this restriction shall not apply in favour of a 
 person claiming title under or by virtue of an execution against 
 the tenant or in favour of any person 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 
 between 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 restriction apply 
 where the property is claimed by the wife, husband, 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. C.O.Y.T. c. 31, s. 4. 
 
 Stere^ro^n'^ 5. The right of a mortgagee of land or his assigns to distrain 
 mortgage. for interest in arrear or principal due upon a mortgage shall 
 notwithstanding anything stated to the contrary in the mort- 
 gage 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. C.O.Y.T. c. 31, s. 5. 
 
 Notice of Bale. 6. Goods distrained for such interest or principal shall not 
 be sold except after such notice as is required to be given by a 
 landlord who sells goods distrained for rent. C.O.Y.T. c. 31, 
 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 additional 
 $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 ad- 
 
 vertising. 
 
 5. Catalogue, sale, commission and delivery of goods, 
 
 three per cent on the net proceeds of the goods up 
 to $1,000 and one and one-half per cent thereafter. 
 
Dogs. Chap. 27. 291 
 
 CHAP. 27. 
 
 An Ordinance respecting Dogs. 
 
 1. In this Ordinance, unless the context otherwise requires: Jretation 
 
 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 muzzle "Muzzled." 
 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 " means any person owning any "Owner." 
 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 as "Peace." 
 defined by the Criminal Code and includes any member of the 
 Royal 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, 
 
 (b) 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 large " aUarge"" 
 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, 
 
 (6) Confined within any building or other enclosure. 
 C.O.Y.T. c. 70, 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 ^thout*"^^^ 
 Territory, if not wearing a strap with the tag herein provided strap and 
 for, shall be liable to be killed or impounded by any peace officer. *^^" 
 
 2. No dog shall be permitted to run at large that is of a ^"dangerous 
 vicious temperament or dangerous to the public safety; and dog to run 
 any such dog running at large shall be liable to be killed or im- at large, 
 pounded by any peace officer. 
 
 3. The owner of any dog shall on or before the 1st day of ^u^foen°e*^^ 
 June in every year obtain in the manner provided in this Ordi- 
 nance a license for such dog, and shall cause such dog to wear 
 
 a strap around its neck with the tag furnished by a pound- 
 keeper to such owner attached to such strap. 
 
 4. The owner of any dog running at large contrary to the Penalty, 
 provisions of this section shall be liable to a penalty of not less 
 
 than five dollars and not more than thirty dollars, and in de- 
 
 70263—191 
 
292 
 
 Chap. 27. 
 
 Dogs. 
 
 fault of payment, to imprisonment for a term not exceeding 
 thirty days. • 
 
 Judgment to 5. ]S[o judgment shall be recovered against a peace officer 
 againstofficer. for killing or impounding any dog unless the owner proves that 
 when killed or impounded, 
 
 (a) Such dog was nor running at large contrary to the 
 
 provisions of this section, and 
 (6) That the owner had paid the license fee in respect to 
 such dog. 
 6. Notwithstanding anything contained in this Ordinance, 
 no bitch when in heat shall be permitted to run at large, and 
 any bitch running at large contrary to the provisions of this 
 section shall be liable to be impounded by any peace officer or 
 citizen. C.O.Y.T. c. 70, s. 2; No. 7, 1907, sees. 1, 2, 3 and 4. 
 
 Bitch in 
 heat not 
 to run at 
 large. 
 
 ( .'ommis- 
 sioner or 
 Officer 
 rommanding 
 
 n:.w.m.p. 
 
 to appoint 
 pound keeper. 
 Keeper to be 
 furnished 
 with license 
 forms and 
 tags. 
 
 Forms etc. 
 to be 
 furnished. 
 License to be 
 numbered. 
 
 Tag to be 
 numbered. 
 
 3. The Commissioner or the commanding officer of the Royal 
 Northwest Mounted Police force in_ the Yukon Territory shall 
 appoint for every pound a peace officer or other person as keeper 
 thereof. 
 
 2. Such keeper or other person specially appointed for that 
 purpose 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 separ- 
 ated 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. 
 C.O.Y.T. c. 70, s. 3; No. 7, 1907, sees. 5 and 6. 
 
 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 for a dog and five dollars for a bitch, the 
 pound-keeper or person appointed to collect fees under this 
 Ordinance 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. 
 C.O.Y.T. c. 70, s. 4; No. 7, 1907, s.-7. 
 
 Particulars of 5. The pound-keeper or person appointed to collect fees 
 entered on "^ under this Ordinance shall enter the same particulars on the 
 counterfoil, counterfoil of the license and retain the counterfoil. C.O.Y.T. 
 c. 70, s. 5; No. 7, 1907, s. 8. 
 
 Tag to be 
 given with 
 license. 
 
 6. The pound-keeper or person appointed to collect fees 
 under this Ordinance shall deliyer to the person who obtains 
 a license such one of the tags furnished to such pound-keeper 
 as bears the same number as the license. C.O.Y.T. c. 70, 
 s. 6; No. 7, 1907, s. 9. 
 
Dogs. Chap. 27. 293 
 
 7. No owner of any dog impounded shall be entitled to P"'""' *o ^ok 
 recover possession of such dog without paying to the pound- ^ nTfe^es 
 keeper, ' 
 
 1. A sum equal to seventy-five cents a day for each day 
 such dog has been impounded, and 
 
 2. A license fee for such dog, if not already paid. C.O.Y.T 
 c. 70, s. 7. 
 
 8. If such sum and fee have not been paid within 15 days if fees not 
 after such dog has been first impounded, the pound keeper P'''^ f?s *" 
 may sell such dog at public auction after five days' public notice. 
 
 2. All impounded dogs for which no bid is obtained at ¥ '"'.^^^ 
 any pubhc auction held under this section shall be forthwith deftroyed 
 destroyed by the pound-keeper. C.O.Y.T. c. 70, s. 8- No 7 
 1907, s. 10. ' , , 
 
 9. The sum realized from such sale shall be appropriated How sum 
 
 1. To payment of the pound-keeper the sum of seventy- ^;^\!^^ltJ{« 
 five cents for each day such dog has been impounded; 
 
 2. To payment of any unpaid license fee in respect to such 
 dog; 
 
 3. 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 de- 
 mand; 
 
 5. If there is no bid for any dog offered for 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. C.O.Y.T. c. 70, s. 9. 
 
 10. Every pound-keeper or person appointed to collect fo°™f^e**'''*'' 
 fees under this Ordinance, shall quarterly, and whenever re- q°uSteriy 
 quired by said commanding officer, account to such officer returns. 
 
 for the licenses, tags and straps furnished to such pound-keeper, 
 or such other person, and shall deliver to such officer the de- 
 tached counterfoils in the possession of such pound-keeper, 
 or such other person, and when so required, the licenses, tags 
 and straps also, and shall pay to such officer the license fees 
 received by such pound-keeper, or such other person. CO. 
 Y.T. c. 70, s. 10; No. 7, 1907, s. 11. 
 
 11. Every pound-keeper shall keep a record of every dog To keep 
 impounded, which record shall show the reason for impounding, [mpounded"^" 
 the date such dog was first impounded, length of time impound- 
 ed, 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 command- 
 ing officer. C.O.Y.T. c. 70, s. 11. 
 
 12. Every pound-keeper shall forthwith upon selling any To report^ 
 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 
 
294 
 
 Chap. 27. 
 
 Dogs. 
 
 After three 
 months, 
 balance to 
 be paid 
 comptroller. 
 
 of such price after deducting therefrom the sum of seventy-five 
 cents for each day the dog sold was impounded. C.O.Y.T. 
 c 70, s. 12. 
 
 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. CO. 
 Y.T. c. 70, s. 13. 
 
 e^c ''to^be^*' ^^' ^^^ject to the provisions of the two next preceding 
 paid to. ^ 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 forthwith paid to such Treasurer and shall form 
 part of said fund. C.O.Y.T. c. 70, s. 14. 
 
 Owner to 15. Every owner shall when required by a peace officer 
 
 of dDga"ovraed furnish in writing to such peace officer a true statement of 
 or kept by the number of dogs owned or kept by him. C.O.Y.T. c. 70, 
 him. s 15^ 
 
 Penalty. 1©. 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. C.O.Y.T. c. 70, s. 16. 
 
Elections. Chap. 28. 295 
 
 CHAP. 28. 
 An Ordinance respecting Elections. 
 
 ELECTORAL DISTRICTS AND VOTERS' LISTS. 
 
 1. The Commissioner may divide each electoral district Commis- 
 into as many polling divisions as may be necessary and may d^de*° 
 appoint such number of revisors as may be necessary to prepare eleotOTal 
 a list of persons entitled to vote at elections of a member for districta 
 the Yukon Council for each such polling division. No. 18 of diviswns"^ 
 1904, S. 1. and appoint 
 
 assessors. 
 
 3. Every revisor shall be qualified to vote and a resident Revisers 
 within the electoral district within which his duties are to be ^here his 
 exercised and shall before acting as such take the oath of office duties are 
 inform "R" in schedule 1 to this Ordinance. No. 18 of 1904, s. 2. exercised. 
 
 3. Every revisor after taking said oath shall post up at three Reyisor to 
 of the most public places within the polling division" for which ^^ "° '"*" 
 he has been appointed revisor a notice that he has been appointed 
 
 and that he will proceed forthwith to compile and within 
 thirty days after the posting of such notice will compile the 
 voters' list for such polling division, and designating the office or 
 place within such division where he may be found and the time, 
 not less than eight hours a day during the said thirty days, 
 during which he will attend at such office or place for the 
 purposes of compilation. 
 
 2. Such notice shall designate the time and place during Notice to 
 and at which the final revision of the list for which provision and pla™^ 
 is in this Ordinance hereinafter made, will take place. No. 11 
 
 of 1906, s. 1. 
 
 4. Every revisor shall, immediately after taking the oath of Revisor to 
 office compile a list of the persons qualified to vote in each polling "o^P'le list, 
 district at such election, and he shall make three plainly written 
 
 copies thereof, with the names of the voters alphabetically 
 arranged giving the occupation and residence of each voter in 
 the form "S" in said Schedule No. 1 to this Ordinance. No. 
 18 of 1904, s. 4. 
 
 5. In the compilation of such list the revisor shall use as the F^^^'^^i^^*^ 
 basis a list of voters for the division prepared for the election a°basisf 
 
 of a member of the Yukon Council at the election then last 
 held, and shall enter on the list to be compiled by him the names 
 of all persons on the list so used as a basis whom he believes 
 to be still qualified as voters in such division and shall also enter 
 on such list the name of every person proved to the satisfaction 
 of the revisor by statutory declaration as prescribed in form 
 
296 
 
 Chap. 38. 
 
 Elections. 
 
 Voter to re- 
 side one 
 month. 
 
 "T" in said Schedule 1, of such person or of an agent of such 
 person having knowledge of the facts to be qualified as a voter 
 in such division. No. 11 of 1906, s. 3. 
 
 6. The revisor shall not enter upon the list of voters for 
 any polling division the name of any person who has not resided 
 in such division for _at least one month next previous to the 
 commencement of the compilation of such list. No. 11 of 
 1906, s. 9. 
 
 Revisor to Y. Every revisor shall compile the list within such thirty 
 
 in 3o'da T*^~ days and shall afl&x thereto the date of compilation, his place 
 of residence and his signature. He shall forthwith post up in his 
 office and in each of at least two of the most public places within 
 the polling division a copy of such list and shall retain one copy 
 for revision. Every copy of such list shall have appended 
 thereto notice of the time and place of final revision. Every 
 such copy shall be posted at least seven days before the com- 
 mencement of revision. No. 11 of 1906, s. 4. 
 
 Revisor to 
 
 complete 
 
 list. 
 
 Duties. 
 
 Party sti-uck 
 off to be 
 notified. 
 
 Revisor to 
 preserve 
 original list. 
 
 Revisor to 
 attend at 
 certain 
 hours. 
 
 8. At the time and place designated in the notice of final 
 revision the revisor shall sit to revise the list prepared by him 
 and shall complete such revision within the time mentioned 
 in such notice. He shall, 
 
 (a) Add to the list the name of every person proved to 
 his satisfaction by such statutory declaration as afore- 
 said to be qualified as a voter, and 
 
 (b) Strike off said list the name of every person on said list 
 who by statutory declaration filed with the revisor 
 is proven to be not qualified to vote, and 
 
 (c) Make such corrections in the occupation, addition 
 or residence of persons on said list as he deems just. 
 
 2. The revisor shall not strike off said list the name of any 
 person without proof of due notice by the revisor to such 
 person by personal service or by registered letter of the pro- 
 posal to strike off his name. It shall be sufficient for the 
 revisor to draw a line through any name struck off and place 
 his initials opposite such line. 
 
 3. The revisor shall preserve the list revised by him showing 
 the names added and those struck off and the corrections made 
 with his initials opposite each such addition, staking off and 
 correction. No. 11 of 1906, s. 5. 
 
 4. The revisor shall attend at his office for the purpose 
 of revision at least eight hours a day for two days and shall 
 close the work of revision at six o'clock in the afternoon of the 
 last of such days. No. 11 of 1906, s. 6. 
 
 Certificate 
 to be added 
 to revised 
 and cor- 
 rected list 
 by revisor. 
 
 9. Every revisor, having revised and corrected such retained 
 copy of each voters' list compiled by him, if he deem such 
 correction necessary, as provided in the next preceding section, 
 shall write at the foot of such copy and close to the last name 
 thereon, at least ten days before the polling day, a certificate 
 
Elections. Chap. 28. 297 
 
 in the form of the second certificate contained in form "B" in 
 the schedule to this Ordinance. No. 18 of 1904, s. 8. No. 
 11 of 1906, s. 7. 
 
 lO. The revisor shall deliver the voters' list so certified Certified 
 forthwith to the Territorial Secretary together with all statutory Jjeii^g^ed 
 declarations filed with him in connection with the compilation to the 
 
 and revision of such list. Territorial 
 
 2. Any candidate or his agent duly appointed in writing candidate 
 shall be entitled to receive a copy of such voters' list from entitled to 
 the Territorial Secretary as soon as the same is revised, upon ™p^°^ '"'*'■ 
 paying therefor at the rate of two cents per voter named on 
 such list. No. 18 of 1904, s. 9; No. 11 of 1906, s. 8. 
 
 ISSUE OF WHIT. 
 
 11. 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 f^^ *"^ ''''" 
 as the Commissioner determines, and shall be issued by the 
 Territorial Secretary under his hand and the seal of the Terri- 
 tory to such resident elector of the electoral district in which 
 
 the election is to be held as the Commissioner appoints, and 
 such person shall be the returning officer at the electibn to 
 which such writ relates. Provided always that if the person Returning 
 to whom the writ has been addressed refuses or is unable or Refusal or 
 not qualified to act, he shall (under penalty hereinafter pro- inability 
 vided) forthwith after the receipt of such writ, notify the Com- '° ''^*' 
 missioner by the most speedy means available of such refusal, 
 inability or want of qualification, when the Commissioner may 
 order another writ to issue or may appoint some other resident 
 elector as returning .ofiicer who shall act under the writ already 
 issued. Provided also, that no election shall be declared Pio\'iso. 
 void if the person to whom the writ is addressed ac^ts thereunder 
 as returning officer on the ground that such person is not a 
 resident elector of the district or is otherwise disqualified to 
 act as returning officer. C.O.Y.T. c. 3, s. 1. 
 
 12. The Commissioner shall fix the day and locality for Day and place 
 the nomination of candidates at such election; and the 4^^ to beamed "^ 
 and locality so fixed shall be specified in the writ of election in writ. 
 
 for that electoral district. Provided always that in the case 
 of a general election the day so fixed shall be the same in the a general 
 case of every electoral district except that it may be varied election day 
 when rendered necessary under any other provision of this [° ^il ^^™'* 
 Ordinance. Provided further, that there shall be an interval districts. 
 of at least fourteen days between the date of the writ and the Fourteen 
 day of nomination mentioned therein. elapL^be- 
 
 2. The writs of election shall be in form A in Schedule tween date of 
 2 to this Ordinance and shall be transmitted by registered writ and 
 letter by the Territorial Secretary addressed to the respective "J""'"^ '°"- 
 returning officers, unless otherwise ordered by the Commissioner. Ho™to be^ 
 
 C.O.Y.T. C. 3, S. 2. transmitted. 
 
298 
 
 Chap. 38. 
 
 Elections. 
 
 RETURNING OFFICER. 
 
 Indorsement 13. The returning officer shall, on receiving the writ of 
 o^receip o election forthwith indorse thereon the date on which he re- 
 ceived the same and before taking any action under this Ordi- 
 nance, shall take before a Justice of the Peace or Commissioner 
 Oath of office. ?°^ taking affidavits the oath of office set out in form "A" 
 in said Schedule 1, and shall forthwith thereafter cause a certi- 
 ficate (form "B" in said Schedule) made by such Justice of 
 the Peace or Commissioner, of the said oath having been taken, 
 to be filed with the Territorial Secretary. C.O.Y.T. c. 3, s. 3. 
 
 To appoint an 14. The returning officer, by a warrant under his hand, 
 election clerk. ^^ f^^^ u(j„ ^^ g^j^ Schedule 1, shall appoint an election clerk, 
 and may, at any time, during the election, appoint in the same 
 manner, another election clerk, if the one so appointed resigns 
 or is unable to perform his duties as such clerk. C.O.Y.T. c. 
 3, s. 4. 
 
 Duties o£ 
 
 election 
 
 clerk. 
 
 Respon- 
 sibility of 
 election 
 clerks acting 
 as returning 
 officers. 
 
 Oath of 
 election clerk. 
 
 Penalties. 
 
 15. The election clerk shall assist the returning officer in 
 the performance of his duties, and act in his stead as returning 
 officer whenever the returning officer, after appointing such 
 election clerk refuses or is unable to perform his duties. 
 
 2. All the provisions of this Ordinance in regard to returning 
 officers shall apply to election clerks acting as returning officers. 
 
 3. The returning officer or election clerk shall not act 
 as deputy returning officer or poll clerk in any polling place. 
 C.O.Y.T. c. 3, s. 5. 
 
 16. The election clerk before acting as such shall take the 
 oath of office inform "D" in said Schedule 1 before the return- 
 ing officer or any person authorized to administer an oath 
 within the Territory; and a certificate as in form "E" in said 
 schedule of his having taken such oath shall be delivered to 
 him by the person before whom such oath is taken, which 
 he shall cause to be forwarded to the Territorial Secretary. 
 C.O.Y.T. c. 3, s. 6. 
 
 IT. The election clerk when acting for or in the stead of 
 the returning officer shall be subject to like penalties as the 
 returning officer for violating any of the provisions of this 
 Ordinance, but this shall not relieve the returning officer from 
 any penalties to which he may render himself liable. CO. 
 Y.T. c. 3, s. 7. 
 
 POLLING DIVISIONS. 
 
 18. The returning officer shall with all reasonable speed 
 after receiving the writ of election, — 
 Building for (1.) Fix upon and secure a suitable building in the locality 
 hustings. jj^ which the nomination is to be held for use as a hustings; 
 Buildings for (2.) Provide suitable and conveniently situated buildings 
 polling place, fgj. ygg a,s polling places; 
 
Elections. Chap. 28. 299 
 
 (3.) Procure or cause to be procured, as many boxes (here- Ballot boxes 
 inafter called ballot boxes) as there are polling places within procured 
 the District; 
 
 (4.) The ballot boxes shall be made of some durable material, Ballot boxes 
 shall be provided with a lock and key and shall be so constructed ^""^ "'^^^■ 
 that the ballot paper can be introduced therein and not with- 
 drawn therefrom unless the box is unlocked; 
 
 (5.) The name and number of the polling place at which Name and 
 the ballot box is to be used shall be plainly painted, or other- poiung place 
 wise securely marked thereon, so that it may be easily dis- to be on the 
 tinguished from the ballot box of any other polling place; '^°''- 
 
 (6.) If the returning officer fails to furnish ballot boxes in Penalty for 
 the manner herein provided, he shall incur a penalty of one f2J.„P4*baUot 
 hundred dollars in respect of every ballot box which he has boxes. 
 failed to furnish in the manner prescribed. C.O.Y.T. c. 3, s. 
 8. No. 18 of 1904, s. 10. 
 
 19. At least seven days before the day fixed for the nomi- -^la^^yon"' 
 nation of candidates, the returning officer shall provide and " ^"^^ '°"' 
 cause to be posted up in some conspicuous place in the im- 
 mediate neighbourhood of each polling place a proclamation 
 
 in form "F" in said Schedule 1, in which proclamation shall 
 be set forth: 
 
 (a) The time and place at which the nomination is to be 
 held; 
 
 (6) The place or building to be actually used; 
 
 (c) The time allowed for the nomination by this Ordinance; 
 
 id) The date when the polls will be opened at the several 
 polling places, if a poll is required, and the time during which 
 such polls shall remain open; 
 
 (e) The numbers and names of the places at which the several 
 polls shall be held. C.O.Y.T. c. 3, s. 9; No. 18 of 1904, s. 11. 
 
 POSTPONEMENT OF NOMINATION. 
 
 20. Whenever, from unforeseen accident, delay or other- Nominations 
 wise, the proclamation cannot be posted up so as to leave ^ned by re- 
 the required time between the posting up of the proclamation turning 
 and the nomination day, or whenever any candidate dies, ° ''^^' 
 after being nominated, and before the close of the polls, the 
 returning officer shall fix another day for the nomination 
 
 of candidates, which day shall be the nearest day conveniently 
 possible after allowing the number of days required by section 
 19 of this Ordinance between the posting up of the proclamation 
 and nomination day, and in every such case the returning 
 officer shall proceed as directed in said section 19, and shall, 
 with his return, make to the Territorial Secretary a special 
 and full report under oath of the causes which occasioned the 
 postponement of the election. C.O.Y.T. c. 3, s. 10. 
 
 NOMINATIONS. 
 
 31. At any time before twelve o'clock noon of the day Time and 
 fixed for the nomination, any ten or more electors may nomi- ^mination. 
 
300 
 
 Chap. 28. 
 
 Elections. 
 
 Vote for 
 person not 
 nominated. 
 
 Nomination 
 papers. 
 
 Witness to 
 signatures. 
 
 Absent 
 candidatf 
 
 Deposit of 
 $200. 
 
 Receipt for 
 nomination 
 paper. 
 
 How deposit 
 may be made, 
 
 Condition 
 upon which 
 deposit may 
 be returned. 
 
 Forfeiture of 
 deposit. 
 
 nate a candidate by signing before any credible witness or 
 witnesses, and causing to be filed with the returning officer 
 a nomination paper in form "G" in said Schedule 1, and any 
 vote given at the election for any person other than a candidate 
 so nominated shall be null and void. 
 
 2. A nomination paper shall not be valid or be acted upon 
 by the returning officer unless^ — 
 
 (a) It is accompanied by an affidavit of some credible witness 
 or witnesses that the persons whose signatures are appended 
 to the nomination paper are severally known to such witness 
 or witnesses and that they are, or will be, to the best of his- 
 knowledge and belief, electors severally entitled to vote at 
 the election under this Ordinance; 
 
 (6) It is accompanied by the consent in writing of the person 
 therein nominated (except when such person is absent from 
 the Territory, when such absence shall be stated in the nomi- 
 nation paper) ; and, 
 
 (c) A sum of two hundred dollars is deposited in the hands 
 of the returning officer at the time the nomination paper is 
 filed with him. 
 
 3. The returning officer shall, the foregoing requirements 
 of this section being complied with, give his receipt for the 
 nomination paper, and the said receipt of the returning officer 
 shall in every case be sufficient evidence of the production 
 of the nomination paper, of the consent of the candidate and 
 of the payment herein mentioned. 
 
 4. The returning officer shall accept the sum of money 
 hereinbefore mentioned if it is tendered — 
 
 (a) In gold coin; 
 
 (b) In Dominion of Canada notes; 
 
 (c) In the notes of, or accepted cheque oil any bank chartered 
 by the Parliament of Canada which, at the time, is redeeming 
 its notes on demand ; or 
 
 {d) Partly in one and partly in another or others of the 
 description of money herein mentioned; but he will not be 
 obliged to accept such tender if any part of it consists of other 
 descriptions of money than herein specified. 
 
 5. The sum so deposited by any candidate shall be returned 
 to him in the event of his being elected, or of his obtaining a 
 number of votes at least equal to oiie half the number of votes 
 polled in favour of the candidate elected, as decided in the final 
 count, who polls the smaller number of votes. 
 
 6. If such candidate has not obtained the number of votes 
 in the next preceding subsection mentioned, the said deposit 
 shall be transmitted by the returning officer to the Territorial 
 Treasurer and by him deposited to the credit of the general 
 revenue fund of the Territory. C.O.Y.T. c. 3, s. 11. 
 
 NOMINATION PKOCEEDINGS. 
 
 at'Singff ^^' Ev^i"y returning officer shall on the date of nominatioa 
 and at the place fixed as aforesaid, proceed to the hustings, 
 which shall be at such a place that all the electors may have 
 
Elections. Chap. 28. 301 
 
 free access thereto, and at the hour of eleven of the clock in the 
 forenoon, shall proceed to read in an audible voice the nomina- 
 tions which he has received, and from time to time until twelve 
 o'clock of the day shall so read further nominations as he 
 receives them. C.O.Y.T. c. 3, s. 12. 
 
 33. At the hour of twelve o'clock the returning officer shall Closing 
 declare the nominations closed and shall announce in an audible nominations, 
 voice the names of the several candidates. C.O.Y.T. c. 3, s. 13. 
 
 24. If, at the close of the hour for receiving nominations Pi;ocedure 
 only one candidate, or if there are two candidates to be elected, ^ne^candidate 
 only two candidates remain in nomination, the returning officer is nominated. 
 shall then and there — " 
 
 (a) Declare the said candidate or candidates duly elected; 
 
 (b) Give to such candidate or each of such candidates or any 
 agent of either of such candidates if the candidate is not present, 
 a certificate that such candidate has been duly elected; 
 
 (c) Forward to the Territorial Secretary, a certificate in 
 writing declaring such candidate or candidates duly elected; 
 and all ballot boxes, poll books and other books, forms, 
 materials and things sent to him to be used in the election and 
 which have not been used. C.O.Y.T. c. 3, s. 14. 
 
 25. If at the close of the hour for receiving nominations Procedure^ 
 more candidates than the number required to be elected remain than^oM°'^'^ 
 in nomination, the returning officer shall announce the day candidate is 
 upon which a poll will be held, and the day, hour and place at "on^nated. 
 which the ballots will be counted, which must not be more than 
 fourteen days after the polling. C.O.Y.T. c. 3, s. 15. 
 
 26. Any candidate nominated may withdraw at any time Candidate 
 after his nomination and before the opening of the poll by filing ™raw Ms 
 with the returning officer a declaration in writing under oath nomination. 
 to that effect, signed by himself, and stating that his with- 
 drawal is bona fide, and not for the purpose of assisting or 
 injuring the prospects of election of any other candidate; and 
 
 any vote cast for a candidate who shall have so withdrawn 
 shall be null and void, and in case after such withdrawal there 
 should remain only .the number of candidates to be elected 
 then it shall be the duty of the returning officer to forthwith 
 return as duly elected the candidate or candidates so remaining, 
 and to proceed as directed in section 24 of this Ordinance. 
 
 Provided always that if a candidate withdraw at any time But wui foi- 
 after his nomination he shall forfeit the money deposited by deposit. 
 him and the returning officer shall transmit the sarue to the 
 Territorial Treasurer as provided in section 21 of this Ordin- 
 ance. C.O.Y.T. c. 3, s. 16. 
 
 PROVIDING FOR THE POLLING. 
 
 27. Whenever a poll has been granted it shall be held Date^and 
 on the fourteenth day after the day of nomination, and shall pouLg. 
 
302 
 
 Chap. 28. 
 
 Elections. 
 
 Election 
 notices. 
 
 Information 
 to electors. 
 
 Ballots to be 
 printed. 
 
 What to 
 contain. 
 
 be opened at nine o'clock in the forenoon, and kept open until 
 nye clock in the afternoon, of the same day, and the votes at 
 the several polling places shall be given between the said hours 
 01 that day. 
 
 28. Immediately after having granted a poll, the returning 
 oliicer shall cause to be posted up with all reasonable speed, at 
 all places where the proclamation of the election was posted up, 
 and at least eight days before the day of voting, an election 
 notice setting forth the following information: 
 
 (a) The names of the several candidates; 
 
 (6) The day and hours of the day on which votes will be 
 received; 
 
 (c) The day, hour and place at which the votes will be counted 
 and the return declared. C.O.Y.T. c. 3, s. 18. 
 
 29. The returning officer shall also cause to be posted up 
 near to the aforesaid election notice copies of form "H" in 
 said Schedule 1, containing information to electors. C.O.Y.T. 
 c. 3, s. 19; No. 18 of 1904, s. 17. 
 
 30. Where a poll has been granted the returning officer 
 shall forthwith cause to be printed such a number of ballot 
 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 candi- 
 dates, arranged alphabetically in the order of their 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. C.O.Y.T. c. 3, s. 20. 
 
 Tendered 31. In addition to the ballot papers hereinbefore referred to, 
 
 ballot papers, ^jjg returning officer shall cause to be printed such a number of 
 
 other ballot papers — hereinafter called "tendered ballot papers" 
 
 — to be used in the manner hereinafter directed, as will be 
 
 sufficient for the purposes of the election. C.O.Y.T. c. 3, s. 21. 
 
 Colour of 
 tendered 
 ballot papers. 
 
 32. The tendered ballot papers shall be in the same forln 
 as the ballot papers hereinbefore referred to, but shall be of 
 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." C.O.Y.T. 
 c. 3, s. 22. 
 
 DEPUTY RETURNING OFFICER. 
 
 Appointment 33, For the purpose of taking the votes at an election, 
 
 returmng ^^^ returning officer shall by writing over his signature appoint 
 
 officer. a deputy returning officer for each polling place and shall 
 
 thereby require the deputy returning officer to open and hold 
 
Elections. Chap. 28. 303 
 
 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 retomng 
 person authorized to adminsier oaths within the Territory, officer, 
 the oath in form "J" in said Schedule 1. 
 
 3. The returning officer shall, upon request, furnish each U^Vq 
 candidate, or his agent, with a list of the deputy returning be forwarded 
 officers throughout the District. C.O.Y.T. c. 3, s. 23. candidate. 
 
 34. The returning officer shall cause to be supplied to each Election 
 deputy returning officer, at least one day before polling day, b^*euppiied° 
 a copy of the list of voters for the polling division, the books, deputjf 
 ballots, ballot boxes, pencils, and other material necessary r^uming 
 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 Jf'^^lterial"" 
 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. Provision if 
 statements or other forms or articles (such as poll books, ballots, ^t opening^ 
 ballot boxes, envelopes, pencils, or other materials required of poll, 
 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 returning 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, ballots, envelopes, pencils or , 
 
 other material) as may be required 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. 
 
 4 The poll books to be supplied the Deputy Returning P°'^ Book. 
 Officers shall be in form "L" in said Schedule 1 of this 
 Ordinance. C.O.Y.T. c. 3, s. 24; No. 18 of 1904, s. 12; 
 No. 10 of 1914, s. 2. 
 
 35. The deputy returning officer shall, before the hour Poll clerk 
 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. 
 
 2 Each deputy returning officer and poll clerk appointed d.r.o. and 
 under this Ordinance shall be a constable during the day of "^[^^J^ *° 
 polling. C.O.Y.T. c. 3, s. 25. stables. 
 
 36. The deputy returning officer shall prepare a PoUing Hace for 
 place suitable for the purposes of this Ordinance withm the •* 
 
304 
 
 Chap. 28. 
 
 Elections. 
 
 Proceedings 
 at opening of 
 poll. 
 
 Ballot boxes 
 to be 
 inspected 
 and sealed. 
 
 Objections to 
 be entered in 
 poll book. 
 
 building mentioned in the proclamation of the returning officer, 
 if that is practicable and if not, then as near thereto as may be; 
 and shall truly inform any elector, inquiring of him, the locality 
 of such polling place. C.O.Y.T. c. 3, s. 26. 
 
 3T. The deputy returning officer, or his poll clerk shall, 
 within five minutes before the time appointed for opening 
 the poll, publicly and audibly announce the time of day, and shall 
 show the ballot box to the candidates, their agents or scrutineers, 
 or, in their absence, to any electors present who may claim to 
 act for any of the candidates, so that they may see that it is 
 empty; and he shall then in their presence 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 then, 
 in the presence of the candidates, their agents or 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 candidate, or his agent, or by any 
 elector. C.O.Y.T. c. 3, s. 27. 
 
 Outer and 
 inner rooms. 
 
 Division of 
 room by 
 
 srrepn. 
 
 POLLING PLACE. 
 
 38. The polling place shall have an outer room suitable 
 for the accommodation of the persons or things required for 
 taking the vote under this Ordinance, and opening therefrom, 
 an inner room in which the voter may mark his ballot, screened 
 from all observation. Provided, that where it is difficult or 
 impossible to secure two rooms, as required, 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 
 1)6 sufficient. C.O.Y.T. c. 3, s. 28. 
 
 Poll book and 39. In the outer roon shall be kept the poll book and 
 
 be k°e* t in ^° '^^l^^* ^OX. 
 
 outer room. 2. The poll book shall be open to inspection on demand, 
 i^jspectionof i^y any candidate, agent, or scrutineer, for a reasonable time, 
 for the purpose of checking an entry. 
 
 3. The ballot box shall be kept 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 voting, 
 be touched by any person, except the deputy returning officer, 
 or poll clerk acting for him, and only touched by him in such 
 manner that the candidates, their scrutineers or agents, can 
 observe it if present. C.O.Y.T. c. 3, s. 29. 
 
 poll book. 
 
 Position of 
 ballot box. 
 
 Persons who 40. Except as hereinafter provided, no person shall have 
 may have access to the inner room but the voter who is engaged in marking 
 
 fnneTroom. his ballot. C.O.Y.T. C. 3, S. 30. 
 
Elections. Chap. 28. 305 
 
 1 *''■* i? *^® ^^^^ ^^^^^ ^^^^ ^^ *^® polling place there shall Contents of 
 be a table suitable for use in marking ballots; there shall be'"'""'™''"'' 
 P?f*^d on the walls a copy of the information to electors pro- 
 vided in form "H" in said Schedule 1, and a copy of the election 
 notice^ provided in section 18 of this Ordinance. 
 
 ,,^ AGENTS AND SCRUTINEEES. 
 
 ^42. Every candidate shall be entitled to be represented Agent of 
 at each polling place by an agent who shall produce to the "^ndidate at 
 deputy returning officer his appointment as agent signed by """'"^ "''*""■ 
 the candidate, or m case of his absence from the Territory, 
 by two of the electors nominating such candidate, Avhich shall 
 be filed by the deputy returning officer. 
 
 E2. The agent so appointed shall have the right to appoint. Appointment 
 over his signature, one or more, but not exceeding two, scruti- °^ sorutineerM. 
 neers on behalf of his principal. C.O.Y.T. c. 3, s 32 
 
 ff 43. In addition to the deputy returning officer and his Persons who 
 poll clerk, each candidate, his agent and one of his scruti- P'^^r™^"' 
 neers, or in the absence of the agent, the two scrutineers, an o" poifing''°°'" 
 interpreter, if one is required, during the time for which his p^'""' 
 services are required and no longer, a peace officer, if his ser- 
 vices are required, and not otherwise, and the voter actually 
 €ngaged in voting and no others, shall be permitted to remain 
 in the outer room of the polling place. No. 33 of 1900, s. 33. 
 
 W 44. An elector may vote at any poUing place; but no elector Where 
 shall vote at more than one polling place. C.O.Y.T. c. 3, s. 34. ^ote."'' '"''^ 
 
 VOTING. 
 
 45. All persons whose names are registered on the list of Persons 
 voters for any polling division in any electoral district in force ttiht ^^"^'^ 
 on the day of the polling at any election for any electoral dis- entitled to 
 trict, shall be entitled to vote at any such election for such '^°*''- 
 electoral district and no other persons shall be entitled to vote 
 thereat, except as hereinafter provided. 
 
 {a) Any person whose name is on the list of registered voters Returning 
 for any polling division in any electoral district shall, upon mS^rive 
 application therefor, be entitled to receive a certificate from certificate 
 the Returning Officer that his name is on the voters list for °[ transfer 
 such Electoral District and that he wishes to vote at a poUing 
 place in said District, designating such polling place, other than ' 
 
 at the polling place for which his name appears on the voters' 
 list, provided that such application shall be made before the 
 Returning Officer has delivered or forwarded the voters' list 
 to the deputy returning officer for the polling place where 
 such person desires to vote and upon producing and filing 
 such certificate with the deputy returning officer at the 
 polling place designated therein, such person shall, if other- 
 wise qualified, be entitled to vote thereat and shall not be 
 entitled to vote elsewhere in said Electoral District at said 
 election. 
 
 70263—20 
 
306 
 
 Chap. 28. 
 
 Elections. 
 
 Name to be 
 erased from 
 list when 
 transfer 
 given. 
 
 Certificates 
 of transfer 
 to be 
 returned 
 with 
 ballot box. 
 
 Form of 
 certificate. 
 
 (b) Upon giving any such certificate the Returning Officer 
 shall erase the name of the voter to whom it is given from 
 the voters' list where such name is registered, by drawing 
 a line through such name and writing his initials and the word 
 "certificate" opposite such name on the list. The Returning 
 Officer shall keep a record and make return of all such certi- 
 cates to the clerk of the Territorial Court, such record to show 
 to whom each such- certificate is granted, the polling place 
 upon the list for which such name was registered and the polling 
 place at which the certificate entitles such person to vote. 
 
 (c) All such certificates shall, before voting thereon, be 
 deposited with the Deputy Returning Officer at the polling 
 place where the same are used and shall be by such Deputy 
 Returning Officer returned with the ballot box to the Returning 
 Officer. 
 
 (d) Said certificate to be given by the Returning Officer 
 shall be in Form "U" hereto or to the like effect. No. 18 of 
 1904, s. 13; No. 10 of 1914, ss. 6 and 7. 
 
 To vote once 46. No person shall be entitled to vote or shall vote more 
 oneefection ^^^^^ ^^^^ ^.t any election, and if elections are held in more 
 than one polling district on the same day he shall only be entitled 
 to vote once at such election. No. 11 of 1906, s. 46. 
 
 Agent to 
 have trans- 
 fer of vote. 
 
 Voter to 
 take oath M. 
 
 47. Any voter who is named as the agent of any of the 
 candidates for a polling station other than the one where he 
 is entitled to vote may vote at such station upon the production 
 of a certificate of the Returning Officer that he is entitled to 
 vote at the election in the polling district to which such station 
 belongs and shall not be entitled to vote elsewhere; but no 
 such certificate shall entitle such voter to vote at such polling 
 station unless he has been actually engaged as such agent 
 at such station during the day of polling. No. 11. of 1906, s. 11. 
 
 48. Every voter shall, before receiving a ballot paper, take 
 and subscribe the oath of qualification set forth in form "M" in 
 said Schedule 1, if required so to do by the deputy returning 
 officer or by the agent of any candidate. C.O.Y.T. c. 3, s. 36; 
 No. 18 of 1904, s. 14; No. 11 of 1906, s. 12. 
 
 Voter may be 49. The deputy returning officer shall also, on the request 
 
 ta^eoath*N. ^^ ^ scrutineer, or person acting as such, require 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. C.O.Y.T. c. 3, s. 37. 
 
 fitedVuh D ®**' ^^^ oaths taken and subscribed under sections 48 and 49 
 R.o. ^' shall be filed by the deputy returning officer, who is hereby 
 
 authorized to administer the same. C.O.Y.T. c. 3, s. 38. 
 
 Refusal to 
 take oath. 
 
 51. If a person who desires to vote refuses or fails to take 
 and subscribe either of the oaths aforesaid when required 
 to do so, the poll clerk shall write after the entry of his name 
 
Elections. Chap. 28. 307 
 
 and place of residence in the poll book, the words, "Refused 
 oath Form" — 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. C.O.Y.T. 
 c. 3, s. 39. 
 
 52. If the person required to subscribe is unable to sign Signature by 
 his name, he shall make his mark which shall be certified by ""^rksman. 
 the signature of the deputy returning officer. C.O.Y.T. 
 
 c. 3, s. 40. 
 
 53. If the person desiring to vote is unable to understand interpreter 
 the English language, or to swear to the oath form "M" in ^^joygj 
 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 inter- 
 preter can be procured, who shall, after taking the oath pro- 
 vided in form "Q" in said schedule before the deputy returning 
 officer, interpret the proceedings to each voter in whose case 
 he is employed. 
 
 2. When an interpreter is employed, his name shall be P"*'P' '" p°^' 
 entered 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. C.O.Y.T. c. 3, 
 s. 41. 
 
 54. Where the proper entries respecting the person so i"'^ ^i'i"^ "' 
 claiming to vote have been made in the poll book in the manner d.r.o.^ 
 prescribed, the deputy returning officer shall sign his name or 
 initials upon the back of the ballot paper and upon the counter- 
 foil; 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 ^^j^?;;*?^,^ 
 candidate present or his agent, exhibit the name or initials ^ °^gj 
 signed by such deputy returning oflficer upon the back of the 
 
 ballot paper before handing the ballot paper to the voter. 
 
 3. Any person desiring to vote may decline to receive a Voter may 
 ballot paper which has not the name or initials of the deputy ^|^'e°g*,'5<ft"^- 
 retxirning officer signed upon it. paPF,p°* 
 
 4. The ballot paper shall be detached from the counterfoil initialled, 
 and delivered to such person. C.O.Y.T. c. 3, s. 42. 
 
 55. The counterfoil shall be retained in the book by t^^ i^o.jo^be^ 
 deputy returning officer, who shall write or otherwise mark gp„„tgj.foii. 
 upon the counterfoil the number prefixed to the name of such 
 person in the poll book. C.O.Y.T. c. 3, s. 43. 
 
 56. The deputy returning officer may, and upon request dji-O.^o^^ 
 shall, either personally or through his clerk, explain to the ^j .,,oti„g_ 
 person offering to vote as concisely as possible the mode of 
 
 voting. C.O.Y.T. c. 3, s. 44. 
 70263— 20i 
 
308 Chap. 28. Elections. 
 
 Directions to 57. 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 pro- 
 vided 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 candidate or candidates; and he shall then 
 fold the ballot paper across so as to conceal 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 compartment 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 candidates 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 
 disclosing 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 polling place; and the 
 voter shall forthwith leave the polling place. C.O.Y.T. c. 3, 
 s. 45. 
 
 .\o one but 58. While the voter is in a balloting compartment for the 
 
 in°inner"°"'"' P^Tpose of marking his ballot paper, no other person shall be 
 pompartnient. 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. C.O.Y.T. c. 3, s. 46. 
 
 ^^i^^-^ot paper 59. No person who has received a ballot paper or tendered 
 taken ou*t of ballot paper from the deputy returning officer shall take the 
 poiiiriK pinco. same out of the polling place, and any person having so re- 
 ceived 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 he same declining 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 peserve it to be returned to the returning officer. 
 C.O.Y.T. c. 3, s. 47. 
 
 tendering ^^' ^^ ^ pcrson representing himself to be a particular elector 
 
 vote under whose name already appears in the poll book as having voted 
 name airotidy or as having refused to sign a statement, applies to vote, unless 
 voted. ^jjg 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 
 
Elections. Chap. 28. 309 
 
 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 state- 
 ment provided in form "M" of said Schedule 1, and shall enter 
 his name and residence in the poll book, and shall give him a 
 ballot paper as provided in section 54 hereof. C.O.Y.T. c. 3, 
 s. 48; No 18 of 1904, s. 18. 
 
 61. In case of an application by a person claiming to be incapacitut. a 
 entitled to vote who is incapacitated by blindness or other lo^^^le^"'''' 
 physical cause, or by inability to read, from marking his ballot 
 
 paper, the deputy returning ofl&cer shall in the plain view of 
 the candidates or their agents or scrutineers (if present) cause 
 the vote 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 be 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. C.O.Y.T. c. 3, s. 50. 
 
 62. A person claiming to be entitled to vote who has in- f o'/igj^'g^j,. 
 advertently dealt with his ballot paper in such a way that used ^ 
 
 it cannot conveniently be used as a ballot paper on delivering 
 to the deputy returning officer the ballot paper so inadvertently 
 dealt with and proving the fact of the inadvertence 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. C.O.Y.T. 
 c. 3. s. 51. 
 
 CLOSE OF THE POLL. 
 
 63. At the hour of five o'clock in the afternoon the deputy Timo of ciot& 
 returning officer shall declare the poll closed and shall not allow of p°"- 
 
 any more votes to be polled, except the vote of the person 
 who may be in some part in the act of voting at that hour. 
 
 2. Immediately after the last ballot, as above provided, dealing of 
 has been placed in the ballot box the deputy returning officer "^ "^^ • 
 shall fill up and securely the seal the opening in the Ud of the 
 box through which the ballots were inserted. C.O.Y.T. 
 c. 3, s. 52. 
 
 COUNT BY DEPUTY RETURNING OFFICER. 
 
 64. Immediately after the closing of the poll the deputy ^^^^^^ 
 returning officer shall enter in a book a certificate that his 
 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 ballot Opsning of 
 box and examine the ballot papers to ascertain if they are ^^^™,^,^ 
 the ballot papers which he supplied, and such examination 
 shall be made and completed before opening any of the ballot 
 
310 Chap. 28. Elections. 
 
 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 the 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 candidate. 
 What ballot 3. Every ballot paper which has not been supplied by the 
 be''count°d.° deputy returning officer or on which votes are given to more 
 than the number of candidates to be elected, or on which any- 
 thing 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. 
 Objections to 4. The deputy returning officer shall make a note in the 
 noted Inpoll book of any objection made by a candidate, or by his agent, 
 book. or by any elector present to any ballot paper found 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. 
 Objections to 5. Every objection to a ballot paper shall be numbered 
 be numbered, j^^j ^ corresponding number shall be placed on the back of 
 the ballot paper, and shall be initialled by the deputy returning 
 officer. 
 Rejected 6. The deputy returning officer shall indorse "Rejected" 
 
 papers. ^^ every ballot paper which he may reject as invalid, and 
 shall indorse "Rejection objected to" if any objection be 
 made to his decision. 
 Votes to be 7_ -phe deputy returning officer shall then count up the 
 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 each 
 Statement to candidate and of the number of balldt papers rejected and 
 PoU^boolc^ '° not counted by him, and the number of those rejected shall 
 be entered in said poll book under the several heads following: 
 
 (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 voters 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. C.O.Y.T. e. 3, s. 53. 
 
 Only two 65. No more than two agents or scrutineers for a candidate 
 
 wle^ent*" "^^ ^^^^^ ^^ entitled to be present at the same time at the counting 
 of the votes. C.O.Y.T. c. 3, s. 54. 
 
Elections. Chap. 28. 311 
 
 66. Every deputy returning officer shall, at the close of d.r.o. to 
 the poll certify over his signature in the poll book in full words, ^^8° certifi- 
 as indicated in form "L" aforesaid, the total number of persons book?''" 
 who have voted at the polling place at which he has been ap- 
 pointed to preside. C.O.Y.T. c. 3, s. 55. 
 
 67. At the close of the poll the deputy returning ofhcer D-R-O. to 
 on being requested to do so, shall dehver to each of the candi- number^of 
 dates or their agents, or in the absence of the candidates or votes polled 
 agents, to the electors present representing the candidates *° "aididates. 
 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. C.O.Y.T. 
 c. 3, s. 56. 
 
 68. Every deputy returning officer, at the completion of D.R.O. to 
 the counting of votes, after the close of the poll, shall, in the bTliots. 
 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 men- 
 tioned, 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 objected 
 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; 
 
 (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 Ordinance 
 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 return- 
 ing officer and the name and number of the polling place. CO. 
 Y.T. c. 3, s. 57. 
 
 69. The deputy returning officer shall forthwith deliver D.R.O. to 
 the packets personally to the returning officer; and if he he^l^^^^^„ 
 unable to do so, owing to illness or other cause, he shall deliver returning 
 the packets to a person chosen by him for the purpose of deliver- °ffi<=er. 
 ing the same to the returning officer and shall mention on the 
 outside of the cover of each of the packets the name of the 
 person to whom the same had been so delivered, and shall 
 
312 
 
 Chap. 28. 
 
 Elections. 
 
 Poll book lo 
 contain state- 
 ment. 
 
 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 " O " in said Schedule 
 1. C.O.Y.T. c. 3, s. 58. 
 
 TO. The poll book shall contain a statement made4,by the 
 deputy returning officer showing the number of ballot 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 statement shall 
 be made in form "P" in said Schedule 1, and in this Ordinance 
 referred to as the "Ballot paper account. " C.O.Y.T. c. 3, s. 59. 
 
 ?fficer"nmto ''*' ^^ returning officer or deputy returning officer shall 
 grant grant, make or enter into a scrutiny of the votes given at an 
 
 election. C.O.Y.T. c. 3, s. 60. 
 
 snrutinv. 
 
 COXTNT BY RETURNING OFFICERS. 
 
 [^'"ifTi^ "' 72. The returning officer shall have the custody of the 
 
 ballot box from the time it leaves the hands of the deputy 
 returning officer, and shall be subject to the penalty provided 
 in section 106 of this Ordinance if it is opened by himself or 
 any other person until the day and hour appointed for the 
 counting of the votes, or, in case the Court is adjourned under 
 section 73 of this Ordinance until the day and hour of such 
 adjournment. C.O.Y.T. c. 3, s. 75. 
 
 Production of '73. The returning officer at the place and on the day and 
 
 time fix" i for hour mentioned by him in his announcement on nomination 
 
 count. day that a count would be held, shall appear and produce the 
 
 poll books, statement sheets of the deputy returning officers, 
 
 and the ballot boxes of the several polling places. 
 
 2. If all the returns have not been received from the 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, 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 officers. C.O.Y.T. c. 3, 
 s. 76. No. 18 of 1904, s. 10. 
 
 Record book. 74. The returning officer shall be provided with a suit- 
 able book to be called a "record book" in which he shall enter 
 the particulars required by this Ordinance to be kept on record. 
 C.O.Y.T. c. 3, s. 77. 
 
 Adjournment 
 of court . 
 
 Recount. 
 
 75. The returning officer, when the day and hour for count- 
 ing the votes has arrived, whether according to his announce- 
 ment on nomination day or in pursuance of any adjournment. 
 
Elections. Chap. 28. 313 
 
 shall then appear at the place designated and produce the 
 proper books and material specified in section 73 of this Ordi- 
 nance 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. C.O.Y.T. c. 3, s. 78. 
 
 TG. If the number is not the same as that mentioned in the pisciepancy 
 return of the deputy returning officer, he shall make a note of '" ""™'^'"'- 
 that fact. C.O.Y.T. c. 3, s. 79. 
 
 YT. He shall then count, without examination, and place Good 
 in an open vessel the ballots which have been already counted ^^^^°^^- 
 by the deputy returning officer, and shall enter the number in 
 his record book. C.O.Y.T. c. 3, S.-82. 
 
 78. He shall then count the spoiled ballots and enter the ^p°/^'^'' 
 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 initialled by the deputy returning 
 officer, among the ballots already counted by the deputy 
 returning. officer and shall enter the number in his record book; 
 
 and shall keep separately arid place in a securely sealed package 
 those which he considers do not make apparent the intent of 
 the voter, or are not properly initialled, and shall enter the 
 number in his record book. C.O.Y.T. c. 3, s. 83. 
 
 79. The returning officer, after mixing the ballots so that Coi^t of 
 those put in last shall not be distinguishable, shall proceed to ™'^''' 
 open the ballots and count the number cast for each candidate. 
 C.O.Y.T. c. 3, s. 85. 
 
 80. In case a ballot is so marked that it is difficult or impos- Ballots that 
 sible to distinguish for which candidate or candidates it was dirked 
 intended to be counted, it shall be placed with the ballots 
 
 which do not make apparent the intent of the voter mentioned 
 in section 78 of this Ordinance. C.O.Y.T. c. 3, s. 86. 
 
 81. When all the ballots contained in the ballot box have f^^^^l""- 
 been counted, the returning officer shall announce the result results. 
 and shall record the same in his record book; and shall proceed 
 
 to seal up in separate parcels the counted ballots and the spoiled 
 ballots; and these parcels with the ballots still the subject Disposition 
 of appeal shall be returned to the ballot box, which the return- °l^^^l°^ 
 ing officer shall seal so that it cannot be opened without breaking 
 the seal; and the candidates or their agents shall also be per- 
 mitted to similarly affix their seals. C.O.Y.T. c. 3, s. 87. 
 
 82. The returning officer shall then proceed similarly with ^°°*^^'J''*'°'' 
 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. C.O.Y.T. c. 3, s. 88. 
 
314 
 
 Chap. 28. 
 
 Elections. 
 
 DECLARATION OF ELECTION. 
 
 Declaration 
 of result of 
 polling. 
 
 Procedure in 
 case of tie. 
 
 Ballot 
 boxes, etc., 
 to be deliv- 
 ered to Clerk 
 of Court. 
 
 Certificate 
 of election 
 ,to be filed 
 with 
 
 Territorial 
 Secretary. 
 
 Candidates 
 deemed duly 
 elected. 
 
 83. The returning officer shall then declare elected the 
 candidate, or if there are more than one candidate to be 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 candi- 
 date is not present, a written statement declaring the said 
 candidate duly elected; and such statement shall specify the 
 number of ballots counted for each candidate and the number 
 of spoiled ballots. 
 
 2. In case of a tie the returning officer shall give a casting 
 vote, which shall be entered in his record book. • C.O.Y.T. 
 c. 3, s. 89; No. 18 of 1904, s. 15. 
 
 84. The returning officer shall then — ■ 
 
 1. Cause all ballot boxes, poll books, record books, ballots 
 and other materials or forms used at each polling place to be 
 placed in the custody of the Clerk of the Territorial Court. 
 
 2. Forward to the Territorial Secretary a certificate in 
 writing specifying the names of the candidate or candidates 
 declared by him elected. 
 
 3. The candidate or candidates so certified as elected shall 
 be deemed to be duly elected until and unless a judge upon 
 recount as hereinafter provided shall declare another or other 
 candidates elected. No. 10 of 1914, s. 3. 
 
 RECOUNT BY JUDGE. 
 
 Demand of 
 recount. 
 
 $100 to be 
 deposited. 
 
 Disposition 
 of deposit. 
 
 Ballot box 
 etc., to be 
 subject to 
 order of 
 judge. 
 
 Time and 
 place of 
 recount. 
 
 85. Upon any candidate or his agent placing in the hands 
 of the returning officer the sum of $100, 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, on application 
 made to him as hereinafter mentioned, hold a recount. 
 
 2. No application for a recount shall be entertained 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. 
 
 3. The money deposited with a demand for a recount shall 
 be disposed of by order of the judge in defraying the necessary 
 expenses of holding the recount; and the remainder, if any, 
 shall be returned to the person who deposited it. 
 
 ^ 4. The ballot boxes, poll books, books of record and other 
 materials or forms used at the polling place, respecting which 
 the demand for a recount has been made, shall be subject to 
 the order of the judge during such recount. C.O.Y.T. c. 3, 
 s. 100; No. 18 of 1904, s. 16. 
 
 8C Upon the party demanding a recount, or any person on 
 his behalf, satisfying the judge by affidavit, verifying the de- 
 mand, 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 
 
Elections. Chap. 28. 315 
 
 in the next preceding section, the judge shall sign an appoint- 
 ment 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. C Y T 
 c. 3., s 101. 
 
 87. The judge shall attend at the time and place so ap- Procedure 
 pointed and upon being satisfied by affidavit that his appoint- tliereat. 
 ment 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 Proviso 
 agent to show by evidence, either viva voce or upon affidavit, as the proD^erl"* °°* 
 the judge may direct, that the demand for a recount was not demanded or 
 made or the sum of money was not deposited with the returning security 
 officer as provided by section 85 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 
 effect signed by him; and thereupon the said recount shall be 
 abandoned. C.O.Y.T. c. 3, s. 102. 
 
 88. If the judge proceeds with the recount he shall, in the Count of 
 presence of such of the candidates or their agents appointed as '^*"°*s. 
 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 contained therein; and shall note the 
 number in a book and shall place the ballots in an open vessel. 
 C.O.Y.T. c. 3, s. 103. 
 
 89. The judge shall' then pi-oceed to examine and count the Examination 
 ballots for the several candidates as it appears to him to have ballots!" ° 
 been the intent of the several voters marking the ballots, reject- 
 ing only those by which the voter has not made his intent Illegal ballots, 
 apparent or which have not been properly initialled. C.O.Y.T. 
 
 c. 3, s. 104. 
 
 90. The judge shall enter in a suitable book the number of Particulars to 
 the polling places and the particulars regarding the ballots ^ ''^''o'^'ied. 
 examined, and shall then return the ballots to the ballot box Disposition of 
 from which they were taken; and securely lock and seal the boxeslftlr 
 same; and shall cause it to be returned to the custody of the recount, 
 clerk 'of the Territorial Court. C.O.Y.T. c. 3, s. 105. 
 
 91. He shall then proceed similarly with each of the other Other ballot 
 ballot boxes regarding which a recount has been demanded. ^°'"^s- 
 C.O.Y.T. c. 3, s. 106. 
 
 92. The costs of the recount beyond the amount of the de- Costs of 
 posit required by section 85 of this Ordinance shall be charged ''''''°"°*- 
 
 to the general expenses of the election, according to such regu- Election foes. 
 lation as to fees and otherwise as may be prescribed from time 
 to time by the Commissioner. C.O.Y.T. c. 3, s. 107. 
 
316 Chap. 28. Elections. 
 
 statement of 93. The judge shall prepare a statement showing— 
 
 (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; 
 
 (6) 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 candidate or candi- 
 dates 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 
 His him on such recount; and upon certificate being given such 
 
 certificate, declaration shall be final and conclusive to all intents and pur- 
 poses, subject to the provisions of The Controverted Eleaions 
 Ordinance. 
 ^"tercd no*""^" ^' ■'■^ ^^^^ ^ candidate declared elected by the judge is other 
 UabiUty"oii than the one declared elected by the returning officer no penalty 
 person first or damages shall be incurred by the person at first declared 
 returned. elected by reason of any act done by him as duly elected repre- 
 sentative. 
 In CISC of a tie. 3. The Casting vote of the returning officer, if he has 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. 
 f^'^stin^ vote 4. If the returning officer has not given a casting vote and 
 the recount of the judge results in a tie, the returning officer 
 shall forthwith on the written request of the judge give a casting 
 vote. C.O.Y.T. c. 3, s. 108. 
 
 if requirorl. 
 
 MISCELLANEOUS. 
 
 No candidate f>4. No Candidate shall be permitted to resign after the 
 
 pendfnl" ^^^^^ ^^ *^^ polling Until the question as to which candidate 
 
 proceedings, has been elected has been finally determined by virtue of the 
 
 provisions of this Ordinance. C.O.Y.T. c. 3, s. 109. 
 
 Dutj- of court 95. When all proceedings in any way affecting the election, 
 
 procetdinga including proceedings under The Controverted Elections Ordinance, 
 
 ended. ,^ if any, are included, the clerk of the Territorial 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 thereupon open the ballot boxes and 
 
 destroy the ballots therein with fire. C.O.Y.T. c. 3, s. 110. 
 
 Public notice 96. The Territorial Secretary shall, as soon as he can con- 
 candidlJte ° veniently do so, give public notice of the names of the candidates 
 returned. elected. C.O.Y.T. c. 3, s. 111. 
 
 -i- O-'?. er-rfe clip irrrafrii? h'-- v 
 
Elections. Chap. 28. 317 
 
 FEES AND EXPENSES OP RETURNING OFFICERS, ETC. 
 
 OY. Except as hereinbefore provided, the fees in tariff "A" Pees to 
 m section 2 of said Schedule 1, mentioned in respect of the o^of-''^ 
 several matters therein contained, and no others, shall be 
 allowed to the several officers and persons therein mentioned 
 respectively, for the services and disbursements in the said 
 schedule mentioned. C.O.Y.T. c. 3, s. 112. 
 
 S8. Anything to the contrary in this Ordinance notwith- Reasonable 
 standing, the Commissioner may direct the payment out of the extraordin°'r ' 
 general revenue fund of such sums, over and above the amounts servtoes.""'''^^ 
 hereinbefore authorized, as may bo required, to pay the expenses 
 reasonably incurred by any person for services rendered under 
 this Ordinance and also reasonable fees and allowances for 
 any extraordinary service rendered by any person there- 
 under. C.O.Y.T. c. 3, s. 113. 
 
 CORRUPT PRACTICES. 
 
 99. No person shall directly or indirectly by himself or by Acts 
 any other person on his behalf, do or commit any of the follow- P^'i't"*'"'- 
 ing acts: — 
 
 (1.) Give, lend, or agree to give, or lend or offer or promise Give, etc., 
 any money or valuable security, or promise to procure or en- tolnduce*"'" 
 deavour to procure any money or valuable consideration to or voter to vote 
 for any voter or to or for any other person in order to induce °'' refrain 
 any voter to vote or refrain from voting at any election. ^"^ ^° '"^' 
 
 (2.) Give or procure or agree to give or procure, or offer or Give place or 
 promise any office, place or employment or promise to procure t^hiduc'e^"* 
 or endeavour to procure any office, place or employment to or voter to vote. 
 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. 
 
 (3.) Make any gift, loan, offer, promise, procurement or Make gift to 
 agreement as aforesaid to or for any person in order to induce |^g°u"^of 
 such person to procure or endeavour to procure the return of person. 
 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 ™°'^Y ^°' 
 that such money or any part thereof shall be expended for any purpo.se. 
 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, violence t'^\?„^'i^^/*^ 
 or restraint, or inflict or threaten the infliction by himself or by voter to vote. 
 •or through any other person of any injury, damage, harm, or loss, 
 or in any manner practise intimidation upon or against any 
 person in order to induce or compel 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 device or contrivance impede, prevent or 
 otherwise interfere with the free exercise of the franchise of any 
 
318 
 
 Chap. 28. 
 
 Elections. 
 
 Penalty. 
 
 Candidate 
 not to pay 
 expenses of 
 voters. 
 
 Penalty . 
 
 Candidate 
 not to pay for 
 horse hire. 
 
 Penalty. 
 
 voter or thereby 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 be 
 liable to a penalty not exceeding $500. C.O.Y.T. c. 3, s. 114. 
 
 100. No candidate shall, by himself, or by or with any 
 other person, or by any other ways or means on his behalf at 
 any time, either before or during election, directly or indirectly, 
 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, refreshment, or provision to or 
 for any person in order to be elected, or for being elected, or 
 for the purpose of influencing 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. C.O.Y.T. c. 3, s. 115. 
 
 101. No candidate shall, nor shall any person on his behalf 
 hire, promise to pay or pay for any horse, team, carriage, 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 anv 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. C.O.Y.T. c. 3, s, 116. 
 
 Election shall 1©2. If any court, judge, or other tribunal sitting or holding 
 ilfegal aots°of ^^ inquiry under The Controverted Elections Ordinance reports 
 candidate. 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 consent of such candidate committed any 
 act in contravention of sections 99, 100 and 101 of this Ordi- 
 nance 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, unless such court, judge or other tribunal certifies under 
 section 21 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. C.O.Y.T. c. 3, s. 117. 
 
 Illegal acts of 
 voter. 
 
 Receive con- 
 sideration to 
 vote. 
 
 Receive 
 money to 
 induce an- 
 other person 
 to vote. 
 Hire horse to 
 candidate. 
 
 103. 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. Receive, agree, contract or ask for any money, gift, loan 
 or valuable consideration, ofiice, place or employment for 
 himself or any other person for voting or agreeing to vote or 
 for refraining or agreeing to refrain from voting at any election; 
 
 2. Receive or ask for any money or valuable consideration 
 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 to hire any horse, team, carriage or other 
 vehicle to any candidate or to any agent of any candidate for 
 the purpose of conveying any voter or voters to or from the 
 polling place or to or from the neighbourhood thereof; 
 
Elections. Chap. 28. 319 
 
 (4.) Any person convicted of a breach of this section shall be Penalty, 
 liable to a penalty not exceeding $500. C.O.Y.T. c. 3, s. 118. 
 
 104. Any person appointed as returning oflEicer, election Failure of 
 clerk, deputy returning ofl&cer or poll clerk who wilfully fails to "^^^'^'^ to 
 carry out any of the duties imposed upon him by this Ordinance duty'. °" 
 or who wilfully contravenes any of its provisions shall be liable 
 
 to a fine not exceeding $500 and costs or to imprisonment for a Penalty. 
 term not exceeding one year, or both. 
 
 2. If any person fails to return to the deputy returning Improper con- 
 officer the ballot paper handed to him by the deputy returning **"''* °^ voter. 
 officer, as provided in section 57 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 or by any means takes or 
 causes to be taken from the ballot box any ballot paper except 
 as directed under the provisions of this Ordinance or defaces or 
 destroys any ballot paper after it has been initialled or stamped 
 by the deputy returning officer except as provided in section 62 
 of this Ordinance, shall be liable to the penalty provided in the 
 first part of this section. C.O.Y.T. c. 3, s. 119. 
 
 105. Unless in this Ordinance otherwise provided any Improper con- 
 other person than those mentioned in the next preceding sec- pgraons °*'^^'^ 
 tion who wilfully contravenes any of the provisions of this 
 Ordinance or attempts in any way to hinder its provisions 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. C.O.Y.T. c. 3, s. 120. 
 
 106. If the number of ballots found in the ballot box at Discrepancy 
 any polling place at the count by the deputy returning officer b'aUots'^^'^ 
 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 or to imprisonment for a term Penalty, 
 not exceeding three months, or both. C.O.Y.T. c. ^, s. 121. 
 
 107. Any person who attempts to violate the secrecy of the Violation of 
 ballot by marking a ballot in a peculiar manner or by showing ballot^ °^ 
 it to any one after it has been marked, or instigating any voter 
 
 to peculiarly mark or to show his marked ballot shall be liable to . 
 
 a fine not exceeding $500 and costs or to imprisonment for a penaity 
 
 term not exceeding three months, or both. C.O.Y.T. c. 3, s. 122. 
 
 108. Every one 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 
 
 (h) Having voted once at any such election, applies again to Voting .„. 
 vote at the same election in his own name, is guilty of an offence than once 
 
 more 
 
320 Chap. 28. Elections. 
 
 and liable to a penalty not exceeding $500 and costs or imprison- 
 ment for a term not exceeding six months, or both. C.O.Y.T. 
 c. 3, s. 123. 
 
 of'penaitfes. 109. Penalties under this Ordinance may be recovered on 
 summary conviction before two Justices of the Peace. C.O.Y.T. 
 c. 3, s. 124. 
 
 No liquor to -■t««v r\ n- 
 
 be sold. J.10. On polling day no intoxicating liquor shall be sold 
 
 before the hour of six o'clock in the evening, and any person 
 contravening the provision of this section shall be subject to a 
 fine not exceeding $500, with costs, or to imprisonment for a term 
 not exceeding six months, or to both. C.O.Y.T. c. 3, s. 125. 
 
 SCHEDULE I. 
 
 FOEM A. 
 
 Schedules. Qath of Returning Officer— Sec. 13. 
 
 I, 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 j 
 
 Signature of officer, administering oath. 
 
 Form B. 
 
 Certificate of Returning Officer having taken oath of office — 
 Sec. 13. 
 
 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 re- 
 quired of a returning officer by section 3 of the Ordinance res- 
 pecting elections. 
 
 In testimony whereof I have delivered to him this certificate. 
 
 Signature of officer administering oath. 
 
Elections. Chap. 28. 321 
 
 Form C. 
 
 Commission of Election Clerk — Sec. 14. 
 
 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 
 
 hereby appoint you to be my election clerk to act in that 
 capacity according to law at the election for the said Electoral 
 District, to be holden under the Ordinance respecting elections. 
 
 Given under my hand this day of 
 
 in the year . ' 
 
 Returning Officer. 
 
 FORM D. 
 
 Oath of Election Clerk— Sec. 16. 
 
 I, the undersigned 
 appointed election clerk for the Electoral District of 
 solemnly swear that I will act faithfully in my said capacity 
 as election clerk and also in that of returning officer, if required 
 to act as such, according to law, without partiality, fear, 
 favour or affection. So help me God. 
 
 Election Clerk. 
 
 Sworn before me at in thel 
 
 Yukon Territory, this 
 day of , A.D., 19 J 
 
 Signature of officer administering oath. 
 
 FORM E. 
 
 Certificate of Election Clerk having taken the oath of office 
 —Sec. 16. 
 
 I, the undersigned, hereby certify that on the 
 day of election clerk for Electoral District of 
 
 took and subscribed before rae 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 certificate 
 under mv hand. 
 
 Returning Officer. 
 Or signature of any other officer administering oath. 
 70263—21 
 
322 Chap. 28. Elections. 
 
 FORM F. 
 Proclamation of Returning Officer— Sec. 19. 
 
 PROCLAMATION. 
 
 Yukon Territory, 
 To wit: 
 
 Public notice is hereby given to the electors of the Electoral 
 Division of aforesaid, that in obedience to the 
 
 Ordinance respecting elections, I require the presence of said 
 electors at (here describe with reasonable cer- 
 
 tainty 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 Territorial Council of 
 said Yukon Territory; and that in case more than one candi- 
 date or two candidates, if two candidates 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 in 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. 
 
 Returning Officer. 
 
 FORM G. 
 
 Nomination paper — Sec. 21. 
 
 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 Yukon Territorial Council. 
 (If the persons nominated are absent from the Yukon Territory 
 it must be stated here). 
 
Elections. Chap. 28. 323 
 
 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 consent 
 to such nomination. 
 
 Signed in the presence of 
 
 Name of Candidate. 
 Name of Witness to candidate's signature. 
 
 FORM H. 
 Information to Electors — Sec. 29. 
 
 "Every natural born or naturalized male British subject 
 in the Territory who has attained the full age of twenty-one 
 years and continuously resided in such Territory for a period 
 of not less than twelve months shall be entitled to vote in 
 the polling division of the electoral district for which his name 
 is entered upon the list of voters and not elsewhere." 
 
 The voter is to vote for not more than one, of if there are 
 two candidates to be elected, two candidates. 
 
 The voter is to go into the compartment provided and, 
 with the pencil provided iu 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 satisfied 
 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 ballot 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. 
 70263—211 
 
324 
 
 Chap. 28. 
 
 Elections. 
 
 (In the following form of ballot paper given for illustra- 
 tion, the candidates are John Doe, Richard Roe, Geoffrey Stiles 
 and John Stiles, and the voter has marked his ballot in favour 
 of Richard Roe and John Stiles.) 
 
 [ELECTION FOR 
 THE ELECTO- 
 RAL DISTRICT 
 OF 
 
 1 
 
 DOE, 
 John Doe, Forty-Mile, Miner. 
 
 2 
 
 ROE. X 
 Richard Roe, Bonanza Creek, 
 Miner. 
 
 No. ON POLL 
 BOOK. 
 
 3 
 
 STILES, 
 Geoffrey Stiles, Dawson, Advo- 
 cate. 
 
 
 4 
 
 STILES, X 
 John Stiles, White Horse, Mer- 
 chant. 
 
 FORM J. 
 
 Oath of Deputy Returning Officer — subsec. 2, sec. 33. 
 
 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 capacity of Deputy 
 Returning Officer without partiality, 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 j 
 
 Signature of officer administering oath. 
 
Elections. Chap. 28. 325 
 
 FORM K. 
 
 Oath of Poll Clerk— Sec. 35. 
 
 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 permitted 
 by law to aflu-m 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 such according 
 to law, without partiality, fear, favour or affection. So help 
 me God. 
 
 Poll Clerk. 
 Sworn before me at in the"! 
 
 Yukon Territory, this \ 
 
 day of A.D., 19 | 
 
 Signature of officer administering oath. 
 
S26 
 
 Chap. 28. 
 
 Elections. 
 
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Elections. Chap. 28. 327 
 
 FORM M— Sec. 48. 
 
 I) , of , in the Yukon Territory, 
 
 do solemnly swear that I am a natural born (or naturalized) 
 male British subject of the full age of twenty-one years. That 
 I have been for a period of twelve months immediately prior to 
 this date a resident of and domiciled within the Yukon Territory, 
 and that I have been for a period of one month immediately 
 prior to the said date, a resident of and domiciled within the 
 Electoral District of 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, the 
 day of , 191 
 
 (Signature and office of Officer Administering the Oath.) 
 
 FORM N. 
 
 Oath that voter has received no bribe or other consideration 
 for his vote — Sec. 49. 
 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, travelling 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 influenced by fear or by expectation of favour. So help me 
 God. 
 
 Sworn before me at 1 
 
 in the Yukon Territory, this [ 
 day of A.D. 19 J 
 
 Signature of officer administering oath. 
 
 FORM 0. 
 
 Oath by messengers where the deputy returning officer is un- 
 able to deliver packet to the returning officer. — Sec. 69. 
 
 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 
 
328 Chap. 28. Elections. 
 
 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 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 returning officer. So help me, God. 
 
 Sworn before me at ) 
 
 in the Yukon Territory, this \ 
 day of A.D., 19 J 
 
 Signature of officer administering Oath. 
 
 Note. — ^Where the deponent is one of the persons permitted 
 by law to affirm in civil cases, he may solemnly affirm. 
 
 FORM P. 
 Ballot paper account. — Section 70. 
 
 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 
 
 7 No. declaration of "inabi'itj'- to read" and " physical 
 
 incapacity" and all certificates received by deputy 
 returning officer, packet H 
 
 8 No. of ballot papers taken from the polling place 
 
 (Signed) 
 
 Deputy Returnmg Officer. 
 
 Dated this day of A.D., 19 
 
 Note. — The several "packets" mentioned above are those 
 referred to in section 57 of this Ordinance. 
 
Elections. Chap. 28. 329 
 
 FORM Q. 
 Interpreter's Oath — Sec. 53. 
 
 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 interpret all such instruc- 
 tions 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 anything to any 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 j 
 
 Signature of Deputy Returning Officer. 
 
 FORM R. 
 
 Revisor's Oath — Sec. 2. 
 
 I, the undersigned appointed revisor for 
 
 the polling district No. (or as the case may be) of the 
 
 Electoral District of the Yukon Territory, 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 
 capacity of revisor without partiality, fear, favour or affection; 
 so help me God. 
 
 (Signature) 
 
 CERTIFICATE OF A REVISOR HAVING TAKEN THE 
 OATH OF OFFICE. 
 
 I, the undersigned, hereby certify that on the 
 day of the month of revisor for the poll- 
 
 ing district No. 1 (or as the case maybe) of the Electoral District 
 of took and subscribed the oath (or affirma- 
 
 tion) of office, required in such case of revisor, by The 
 Election Ordinance. 
 
 In testimony whereof, I have delivered to him this certificate 
 under my hand. 
 
 (Signature) CD., 
 
 Justice of the Peace. 
 
 Or A. B., 
 Returning Officer. 
 
330 Chap. 28. Elections. 
 
 FORM S. 
 List of Voters. 
 
 Sec. 4. 
 
 Electoral District of the Yukon Territory, Polling Division 
 No. 1 (or as the case may be.) 
 
 No. 
 
 Name. 
 
 Occupation, 
 or addition. 
 
 Residence. 
 
 Remarks. 
 
 
 
 
 1 
 
 1 
 
 I certify that the foregoing is a true copy of the voters' list 
 in polling division No. 1 (or as the case maybe) of the Electoral 
 District of the Yukon Territory, as prepared by me for use in 
 the election of a member (or members, as the case may be) for 
 the Yukon Council for the said electoral district now pending. 
 
 (Signature) I- J., 
 
 Revisor. 
 
 (Here the revisor shall make any addition to the list which 
 he finds necessary). 
 
 I certify that the foregoing is a correct list of the voters in 
 polling division No. 1 (or as the case may be) of the Electoral 
 District of the Yukon Territory as revised (or if no correction is 
 made, as finallv approved) by me this day of 
 
 19 
 
 (Signature) I. J-, 
 
 Revisor. 
 
 FORM T. 
 
 Statutory declaration — Sec. 5. 
 
 1, (name of person) of (residence) 
 
 (occupation) do solemnly declare as follows: 
 
 1. I am desirous of having may name added to the list of 
 voters for (name the division) (or, if made by an Agent, I am 
 agent of) (name) (residence) (occupation) (and am 
 desirous as above). 
 
 2. I am (or .he is) a British Subject (by birth or by naturaliza- 
 tion as the case may be). 
 
 3. I have (or he has) attained the full age of twenty-one 
 years. 
 
 4. I have been a resident of and domiciled within the Yukon 
 Territory for a period of not less than twelve months immediately 
 prior to this date. 
 
Elections. Chap. 28. 331 
 
 5. I have been a resident of and domiciled within polling 
 division (here describe division) for one month immediately 
 preceding this date. 
 
 And I make this solemn declaration conscientiously believing 
 it to be true and knowing that it is of the same force and effect 
 as if made under oath and by virtue of the Canada Evidence Act. 
 
 Declared before me at 
 in the Yukon Territory, this 
 
 day of , 19 
 
 No. 10 of 1914, ss. 4 and 5. 
 
 SCHEDULE 1— SECTION 2. 
 
 TARIFF A. 
 
 Fees for Election Services- — Sec. 97. 
 
 1. The Returning Officer, where no poll is held $100 00 
 
 2. Election Clerk, where no poll is held 25 00 
 
 3. Returning Officer where poll is held 200 00 
 
 4. Election Clerk, where poll is held 75 00 
 
 5. Deputy Returning Officer 15 00 
 
 6. Poll Clerk 10 00 
 
 7. Deputy Returning Officer and Justice of the Peace 
 
 sitting as Court of Revision, per day, each .... 10 00 
 
 8. Each Officer, for every mile necessarily travelled 
 
 in discharge of his duties 25 
 
 9. *Rent of house for Nomination 
 
 10. *Rent of house for Polling Station 
 
 11. *Rent of house for Court of Revision 
 
 12. *Rent of house for count by Returning Officer 
 
 *Actual cash not to exceed ten dollars for any one item. 
 
 FORM U. 
 Certificate Transferring Vote — Sec. 45. 
 
 This certifies that the name A. B. is on the list of registered 
 voters for Polling Division in the Elec- 
 
 toral District of for the Yukon Council 
 
 Election now being held, and that the said A. B. has applied for 
 a certificate to vote at Polling Place in said 
 
 Electoral District which is hereby granted. 
 
 Dated. 
 
 Returning Officer for said Electoral District. 
 
 No. 10 of 1914, s. 8. 
 
332 Chap. 28. Elections. 
 
 SCHEDULE 2— FORM A. 
 
 Wbit of Election — Sec. 12. 
 
 To of . in the Electoral 
 
 District of in the Yukon Territory: 
 
 Whereas the Commissioner of the Yukon Territory has seen 
 fit under and by virtue of the provisions of the Ordinance 
 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 Officer; 
 
 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 Terri- 
 tory 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 
 
 Given under my hand and i he seal of said Territory at Dawson 
 in the said Yukon Territory this day of 
 
 19 
 
 Territorial Secretary. 
 
 INDORSEMENT. 
 
 Received the within writ on the day of 
 
 19 
 
 Returning Officer. 
 
Employers' Liability. Chap. 29. 333 
 
 CHAP. 29. 
 
 An Ordinance to Secure Compensation for Personal 
 Injuries Suffered by Workmen in Certain Cases. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as the "Employers' Lia- Short title, 
 bility Ordinance." No. 5, 1908, s. 1. 
 
 2. Unless otherwise declared or indicated by the context, luterpreta- 
 wh,erever any of the following words or expressions occur in this *'°°- 
 Ordinance, they shall have the meanings hereinafter expressed, 
 
 that is to say: 
 
 (1) The expression "superintendence" shall, unless a con- "Superin-_ 
 trary intention appears, be construed as meaning such tendance." 
 general superintendence over workmen as is exercised 
 
 by a foreman or person in like position to a foreman, 
 whether the person exercising superintendence is or is 
 not ordinarily engaged in manual labour; 
 
 (2) The expression "employer" shall, unless a contrary "Employer.' 
 intention appears, include a body of persons, corporate 
 
 or unincorporate, and also the legal personal represent- 
 atives of a deceased employer, and the person liable to 
 pay compensation under section 5 of this Ordinance; 
 
 (3) The expression "workman" does not include a domestic "Workman.' 
 or menial servant, but, save as aforesaid, means any 
 railway servant, and any person who, being a labourer, 
 servant in husbandry, journeyman, artificer, handi- 
 craftsman, miner or otherwise engaged in manual 
 labour, whether under the age of twenty-one years, or 
 
 above that age, has entered into or works under a con- 
 tract with an employer, whether the contract be made 
 before or after the passing of this Ordinance, be ex- 
 pressed or implied, oral or in writing, and be a contract 
 of service or a contract personally to execute any work 
 or labour; 
 
 (4) The expression "railway servant" shall mean and in- " Railway 
 elude a railway servant and tramway servant; Servant." 
 
 (5) The word "packing" shall mean a packing of wood or "Packing." 
 metal or some other equally substantial and solid 
 material, of not less than two inches in thickness, and 
 
 which, where filled in, shall extend to within two inches 
 of the crown of the rails in use on any railway, shall be 
 neatly fitted so as to come against the web of such rai^s, 
 and shall be well and solidly fastened to the ties on which 
 such rails are laid. No. 5, 1908, s. 2. 
 
334 Chap. 29. Employers' Liability. 
 
 entUledTo ^' W^iere, after the commencement of this Ordinance, per- 
 
 compensa- sonal injury is caused to a workman — 
 
 fowing l°ises. ^^^ ^'^ reason of any defect in the condition or arrangement 
 
 of the ways, works, dredges, machinery, plant, build- 
 ings, or premises connected with, intended for, or used 
 in the business of the employer or by reason of any 
 defect in the construction of any stages, scaffolds or 
 other erections erected by or for the employer, or in the 
 materials used in the construction thereof; or 
 
 (2) By reason of the negligence of any person in the service 
 of the employer who has any superintendence en- 
 trusted to him whilst in the exercise of such super- 
 intendence; or 
 
 (3) By reason of the negligence of any person in the service 
 of the employer to whose orders or directions the 
 workman at the time of the injury was bound to 
 conform and did conform, which such injury resulted 
 from his having so conformed; or 
 
 (4) By reason of the act or omission of any person in the 
 service of the employer done or made in obedience to 
 the rules or by-laws of the employer, or in obedience 
 to particular instructions given by the employer or 
 by any person delegated with the authority of the 
 employer in that behalf; or 
 
 (5) By reason of the negligence of any person in the service 
 of the employer who has the charge or control of any 
 signal points, locomotive, engine, machine or train 
 upon a railway or tramway; or 
 
 (6) By reason of the negligence of any telegraph operator 
 or train despatcher in the service of the employer; 
 
 the workman', or, in case the injury results in death, the legal 
 ' personal representatives of the workman, shall have the same 
 right of compensation and remedies against the employer as if 
 the workman had not been a workman of, nor in the service 
 of the employer nor engaged in his work. No. 5, 1908, s. 3. 
 
 Certain de- 4. Where wlthin this Territory personal injury is caused to 
 wa*Vto te'" ^ workman employed on or about any railway — 
 deMned (1) By reason of the lower beams or members of the 
 
 negligence. Superstructure of any highway, or other over- 
 
 head bridge, or any other erection or structure 
 over said railway, not being of a sufficient height, 
 from the surface of the rails to admit of an open 
 and clear headway of at least seven feet between 
 the top of the highest freight car then running on 
 such railway, and the bottom of such lower beams 
 or members; or 
 
 (2) By reason of the space between the rails in any railway 
 frog, extending from the point of such frog backwards 
 to where the heads of such rails are not less than five 
 inches apart, not being filled in with packing; or 
 
 (3) By reason of the space between any wing-rail and any 
 railway frog, and between any guard-rail and any 
 
, Employers' Liability. Chap. 29. 335 
 
 other rail fixed and used alongside thereof as aforesaid, 
 and between all wing-rails where no other rail inter- 
 venes (save only where the space between the heads 
 of any such wing-rail where no other rail intervenes 
 as aforesaid, is either less than one and three-quarters of 
 an inch or more than five inches in width) not being at 
 all times during every month of April, May, June, July, 
 August, September and October, filled in with packing: 
 such injury shall be deemed and taken to have been caused by 
 reason of a defect within the meaning of subsection (1) of section 
 3 of this Ordinance. But nothing in this section contained shall 
 be taken or construed as in any respect or for any purpose 
 restricting the meaning of said' subsection. No. 5, 1908, s. 4. 
 
 5. Where the execution of any work is being carried into if the person 
 effect under any contract, and work'ino*^e^ 
 
 (o) The person for whom the work or any part thereof is owns the plant 
 done, owns or supplies any ways, works, dredges, ^^ f }ia.hle in 
 machinery, plant, stages, scaffolds or the materials 
 therefor, buildings, or premises used for the purpose of 
 executing the work; and 
 (6) By reason of any defect in the condition or arrange- 
 ment of such ways, works, dredges, machinery, plant, 
 stages, scaffolds, or the materials therefor, buildings 
 or premises, personal injury is caused to any workman 
 employed by the contractor or by any sub-contractor; 
 and 
 (c) The defect or failure to discover or remedy the defect 
 arose from the negligence of the person for whom the 
 work or any part thereof is done, or of some pei'son 
 being in his service and entrusted by him with the 
 duty of seeing that such condition or arrangement is 
 proper; 
 the person for whom the work, or that part of the work, is done 
 shall be liable to pay compensation for the injury as if the 
 workman had been employed by him, and for that purpose 
 shall be deemed to be the employer of the workman within the 
 meaning of this Ordinance: Provided always that any such 
 contractor or sub-contractor shall be liable to pay compensation 
 for the injury as if this section had not been enacted, so how- 
 ever, that double compensation shall not be recoverable for the 
 same injury; 
 
 2. Nothing in this section contained shall affect any rights 
 or liabilities of the person for whom the work is done and the 
 contractor or sub-contractor (if any) as between themselves. 
 No. 5, 1908, s. 5. 
 
 6. In an action against an employer under this Ordinance, Knowledge 
 a workman shall not, be reason only of his continuing in the alone not a 
 employment of the employer with knowledge of the defect, bar to work- 
 negligence, act or omission, which caused his injury, be deemed ""^^'snghts. 
 to have voluntarily incurred the risk of the injury. No. 5. 1908, 
 S.6. 
 
336 
 
 Workman 
 not entitled 
 to compen- 
 sation under 
 certain cir- 
 cumstances. 
 
 Chap. 39. 
 
 Employers' Liabihty. 
 
 7. A workman shall not be entitled undcrthis Ordinance to 
 any right of compensation or remedy against the employer in 
 any of the following cases, that is to say: 
 
 (1.) Under subsection (1) of section 3, unless the defect 
 therein mentioned arose from or had not been discovered or 
 remedied owing to the negligence of the employer or of some 
 person entrusted by him with the duty of seeing that the con- 
 dition or arrangement of the ways, works, dredges, machinery, 
 plant or premises are proper, or that no defect exists in the 
 construction of any stages, scaffolds or other erections erected 
 by or for the employer, or in the materials used in the con- 
 struction thereof; 
 
 (2) Under subsection (4) of section 3, unless the injury 
 resulted from some impropriety or defect in the rules, by-laws 
 or instructions therein mentioned; provided, that where a rule 
 or by-law has been approved, or has been accepted as a proper 
 rule or by-law, either by the Commissioner in Council, or under 
 and pursuant to any provision in that behalf of any Ordinance 
 of the Council of the Yukon Territory, or Act of the Parliament 
 of Canada, it shall not be deemed for the purposes of this Ordi- 
 nance to be an improper or defective rule or by-law; 
 
 (3) In any case where the workman knew of the defect or 
 negligence which caused his injury, and failed, without reason- 
 able excuse, to give or cause to be given, within a reasonable 
 time, information thereof to the employer or the person in 
 superintendence, unless he was aware that the employer or such 
 superior already knew of the said defect or negligence. No. 5, 
 1908, s. 7. 
 
 Compensa- 8, The amount of compensation recoverable under this 
 
 excee'd\hree Ordinance shall not exceed either such sum as niay be found 
 
 years' to be equivalent to the estimated earnings during the three 
 
 ^^00°"^ years preceding the injury of a person in the same grade em- 
 
 ' ' ployed during those years in the like employment within this 
 
 territory, or the sum of two thousand five hundred dollars, 
 
 whichever is larger; and such compensation shall not be subject 
 
 to any deduction or abatement, by reason, or on account, or 
 
 in respect of any matter or thing whatsoever, save such as is 
 
 specially provided for in section 11 of this Ordinance. No. 5, 
 
 1908, s. 8. 
 
 Notice of 
 injury with- 
 in six 
 months. 
 
 9. An action for the recovery under this Ordinance of com- 
 pensation for an injury shall not be maintainable against the 
 employer of the workman unless notice in writing that injury 
 has been sustained is given by a person entitled to recover 
 compensation or by any one authorized in writing by such 
 person, within six months, and the action is commenced within 
 nine months from the occurrence of the accident causing the 
 injury, or in case of death, within fifteen months from the 
 time of death. No. 5, 1908, s. 9. 
 
Employers' Liability. Chap. 20. 337 
 
 10. No contract or agreement made or entered into by a When work- 
 workman shall be a bar or constitute any defence to an action Xtrartout 
 for the recovery under this Ordinance for compensation for an o° ordinance, 
 injury; 
 
 (1) Unless for such workman entering into or making such 
 contract or agreement there was other consideration than 
 that of his being taken into or continued in the employ- 
 ment of the defendant; nor 
 
 (2) Unless such other consideration was, in the opinion of 
 the court or judge before whom such action is tried, 
 ample and adequate; nor 
 
 (3) Unless, in the opinion of such court or judge, such 
 contract or agreement, in view of such other consider- 
 ation, was not on the part of the workman improvident, 
 but was just and reasonable; 
 
 and the burthen of proof in respect of such other consideration 
 and of the same being ample and adequate, as aforesaid, and 
 that said contract was just and reasonable and was not im- 
 provident, as aforesaid, shall, in all cases, rest upon the defend- 
 ant: Provided always, that notwithstanding anything in this 
 section contained, no contract or agreement whatsoever made 
 or entered into by a workman shall be a bar or constitute any 
 defence to an action for the recovery under this Ordinance of 
 compensation for any injury happening or caused by reason of 
 any of the matters mentioned in section 4 of this Ordinance. 
 No. 5, 1908, s. 10. 
 
 11. There shall be deducted from any compensation awarded Effeota of 
 to any workman or representatives of a workman, or persons nance on" 
 claiming by, under, or through a workman in respect of any workman's 
 cause of action arising under this Ordinance, any penalty or "ghts under 
 
 1 I c ii 1 1*1 * O'LD.GT SbCXS OF 
 
 damages or part ot a penalty or damages, which may m pur- ordinances, 
 suance of any -Act of the Parliament of Canada or Ordinance 
 of the Council of the Yukon Territory, have been paid to such 
 workman, representatives, or persons in respect of the same 
 cause of action; and where an action has been brought under 
 this Ordinance by any workman, or the representatives of any 
 workman, or any persons claiming by, under, or through such 
 workman for compensation in respect of any cause of action 
 arising under this Ordinance, and payment has not previously 
 been made of any penalty or damages, or part of a penalty or 
 damages under any such Act of the said Parliament, or Ordinance 
 of the said Council, in respect of the same cause of action, such 
 workman, representatives or persons shall not, so far as the said 
 Council has power so to enact, be entitled thereafter to receive 
 in respect of the same cause of action, any such penalty or 
 damages, or part of a penalty or damages, under any such last- 
 mentioned Ordinance. No. 5, 1908, s. 11. 
 
 12. (1) Notice in respect of any injury under this Ordinance Notice of 
 shall give the name and address of the person injured, and 1°^^'^';^°^ 
 shall state in ordinary language the cause of the injury and ° ^^''^^"' 
 the date at which it was sustained, and shall be served on the 
 
 70263—22 
 
338 
 
 Chap. 29. 
 
 Employers' Liability. 
 
 Form of 
 notice. 
 
 Notice of 
 intention to 
 rely for de- 
 fence on 
 want of no- 
 tice, or not 
 being 
 employer. 
 
 Court may 
 direct to 
 
 employer, or if there is more than one employer, upon one of 
 SiMch employers; i j > f 
 
 (2) The notice may be served by delivering the same to or 
 at the residence or place of business of the person on whom it 
 is to be served; 
 
 1 ++ '^!i^ notice may also be served by post, by a registered 
 letter, addressed to the person on whom it is to be served at 
 his last known place of residence or place of business, and if 
 served by post shall be deemed to have been served at the time 
 when a letter containing the same would be received in the 
 ordinary course of post, and in proving the service of such 
 notice it shall be sufficient to prove that the notice was properly 
 addressed and registered; 
 
 (4) When the employer is a body of persons corporate or 
 unincorporale the notice shall be served by delivering the same 
 at or by sending it by post in a registered letter addressed to the 
 office, or if there be more than one office, any one of the offices 
 of such body; 
 
 (5) A notice under this section shall be deemed sufficient if 
 in the form or to the effect following: 
 
 To A. B. of (here insert employer's address) 
 
 or to the Company (or as the case may be). 
 
 Take notice that on the day of 
 
 19 , C. D., of (here insert address of injured person), a work- 
 man in your employ, sustained personal injury (add " of which 
 he died," if such be the case) and that such injury was caused 
 by (state shortly the cause of the injury, e.g., the fall of a beam). 
 
 Date, 
 
 Yours, etc., 
 
 X. Y. 
 No. 5, 1908, s. 12. 
 
 13. If the defendant in any action against an employer for 
 compensation for an injury sustained by a workman in the 
 course of his employment intends to rely for a defence on the 
 insufficiency of notice, or on the ground that he was not the 
 employer of the workman injured, he shall, not less than seven 
 days before the hearing of the action or such other time as 
 may be fixed by the rules regulating Ihe practice of the court 
 in which the action is brought, give notice to the plaintiff of his 
 intention to rely on that defence, and the Court may, in its 
 discretion, and upon such terms and conditions as maybe just 
 in that behalf, order and allow an adjournment of the case for 
 the purpose of enabling such notice to be given and subject to 
 any such terms and conditions, any notice given pursuant to 
 and in compliance with the order in that behalf, shall, as to any 
 such action and for all purposes thereof, beheld to be a notice 
 given pursuant to and in conformity with sections 9 and 12 of 
 this Ordinance. No. 5, 1908, s. 13. 
 
 14. When in any action under this Ordinance compensation 
 is awarded in the case of death of a workman for an injury 
 
Employers' Liability. < Chap. 29. 339 
 
 sustained by him in the course of his employment, the amount whom dam- 
 recovered after deducting the costs not recovered from the If paW " 
 defendant, may, if the Court or Judge before whom the action 
 is tried so directs, be divided between the wife, husband, parent 
 and child of the deceased in such shares' as the Court or Judge 
 with or without assessors, as the case may be, or if the action is 
 tried by a jury, as the jury may determine. No. 5, 1908, s. 14. 
 
 15. Notwithstanding anything contained in this Ordinance Liability 
 an action under sections 3, 4 and 5 of this Ordinance shall lie ptends to 
 against the legal personal representatives of a deceased em- sentatlw^s%f 
 ployer. No 5, 1908, S. 15. deceased 
 
 employer. 
 
 16. In any action brought under this Ordinance the parti- statement 
 culars of demand or statement of claim shall state in ordinary °^ claim, 
 language the cause of the injury, and the date at which it was 
 sustained, and the amount of compensation claimed; and where 
 
 the action is brought by more than one plaintiff, the amount 
 of compensation claimed by such plaintiff and where the in- 
 jury of which the plaintiff complains shall have arisen by reason 
 of the negligence, act or omission of any person in the service of 
 the defendant, the particulars shall give the name and descrip- 
 tion of such person. No 5, 1908, s. 16. 
 
 17. (1) Upon the trial of any action for the recovery of How asaessor 
 compensation under this Ordinance before a judge without a "^^Y. ^^, 
 
 a jury, one or more assessors may be appointed by the Court or ^'"' '^ 
 Judge for the purpose of ascertaining the amount of compensa- 
 tion and the remuneration (if any) to be paid to such assessors 
 shall be fixed and determined by the Judge at the trial; 
 
 (2) Any person who shall, as hereinafter provided, be appoint- 
 et to act as an assessor in such action, shall be qualified so to act; 
 
 (3) In any such action a party who desires assessors to be ap- 
 pointed shall, eight clear days at least before the day for holding 
 the Court at which the action is to be tried, file an application 
 stating the number of assessors he proposes to be appointed, and 
 the names, addresses, and occupations of the persons who may 
 have expressed their willingness in writing to act as assessors. 
 If the applicant has obtained the consent of the other party to 
 the persons named being appointed, he shall file such consent 
 with his application; 
 
 (4) Where the application for the appointment of assessors 
 has been made by one party to an action only, he shall, five clear 
 days at least before the day for holding the Court at which the 
 action is to be tried, serve a copy of the application so filed, 
 upon the other party, who may then either file an application 
 for assessors, or file objections to one or more of the persons 
 proposed; 
 
 (5) An application for the appointment of assessors may be in ^0™ of 
 the form following or to the like effect, namely : In the ^^^ '"^ '°°' 
 Territorial Court of the Yukon Territory. 
 
 "The Employers' Liability Ordinance." 
 Between Plaintiff, 
 
 — and — 
 
 Defendant. 
 
34.0 Chap. 28. Employers' Liability. 
 
 The plaintiff (or defendant) appUes to have an assessor (or 
 assessors) appointed to assist the Court in ascertaining the 
 amount of compensation to be awarded to the plaintiff, should 
 the judgment be in his favour, and he submits '.he names of the 
 following persons, who have expressed their willingness in writing 
 to act as assessors should they be appointed. (Here set out the 
 names, addresses and occupations of the persons above referred 
 to). (If the other party consent to the appointment, add the 
 following) : 
 
 The defendant (or plaintiff) consents to the appointment of any 
 of the persons above named to act as-assessors in this action, as 
 appears by his consent thereto filed herewith. 
 
 Dated this day of 
 
 A. B. 
 The above named plaintiff 
 
 (or as the case may be.) 
 
 (6) Where separate applications are filed by the parties no 
 objections to the persons proposed shall be made by either party, 
 but the Court or Judge may appoint from the persons named 
 in each such application one or more assessor or assessors provided 
 that the same number of assessors be appointed from the 
 names given in such applications respectively; 
 
 (7) Where application for the appointment of assessors is 
 granted the Court or Judge shall appoint such of the persons 
 proposed for assessors as by the Court or Judge may be deemed 
 fit, subject to the provisions contained in this Ordinance; 
 
 (8) In any such action where an application for the appoint- 
 ment of assessors has been filed, the Court or Judge may, at any 
 time prior to the trial thereof, nominate one or more additional 
 persons to act as assessors in the action. Where no application 
 for assessors has been made, the Court or Judge may appoint 
 any one or more persons to act as assessor or assessors in the 
 action before or on the trial of the action ; 
 
 (9) If at the time and place appointed for the trial all or any 
 of the assessors appointed shall not attend, the Court or Judge 
 may either proceed to try the action with the assistance of such 
 of the assessors, if any, as shall attend, or may adjourn the trial 
 generally, or upon any terms which the Court or Judge may 
 think fit, or may appoint any person who may be available and 
 who is willing to act, and who is not objected to, or who, if ob- 
 jected to is objected to on some insufficient ground or the Court 
 or Judge may try the action without assessors; 
 
 (10) Every person requiring the Court or Judge to be assisted 
 by assessors shall, at the time of filing his application, deposit 
 therewith the sum of five dollars for each assessor proposed and 
 a further sum of five dollars for each assessor nominated by him 
 and acting on each day of said trial after the first day, and such 
 payments shall be considered as costs in the action, unless other- 
 wise ordered by the Court or Judge : Provided, that where a per- 
 son proposed as an assessor shall have in writing agreed and con- 
 sented that he will not require his remuneration to be so de- 
 posited, no deposit in respect of such person shall be required; 
 
Employers' Ldability. Chap. 28. 341 
 
 (11) Where an action shall be tried by the Court or Judge 
 with the assistance of any assessors in addition to or indepen- 
 dently of any assessors proposed by the parties, the remuneration 
 of such assessors shall be borne by the parties or either of them, 
 as the Court or Judge shall direct : 
 
 (12) If after an assessor has been appointed the action shall 
 not be tried, the Court or Judge shall have power to make an 
 allowance to him in respect of any expense or trouble which he 
 may have incurred by reason of his appointment, and direct the 
 payment to be made out of any sum deposited for his remune- 
 ration; 
 
 (13) The assesors shall sit with and assist the Court or Judge 
 when required with their opinion and special knowledge for the 
 purpose of ascertaining the amount of compensation, if any, 
 which the plaintiff shall be entitled to recover. No. 5, 1908, s. 17. 
 
 18. (1) Where several actions shall be brought under this Consohda- 
 - - - - - - tion ol 
 
 actions. 
 
 Ordinance against a defendant in the same Court in respect of the *'°" "' 
 
 same negligence, act or omission, the defendant shall be at 
 liberty to apply to the Judge that the said actions shall b? con- 
 solidated; 
 
 (2) Aoplications for consolidation of actions shall be made 
 upon notice to the plaintiffs affected by such consolidation; 
 
 (3) In case several actions shall be brought under this Or- 
 dinance against a defendant in the same Court in respect of 
 the same negligence, act or omission, the defendant may, on 
 filing an undertaking to be bound so far as his liability for such 
 negligence, act or omission, is concerned by the decision in such 
 one of said actions as may be selected by the Court or Judge, 
 ajjply to the Court or Judge for an order to stay the proceedings 
 in the actions other than in the one so selected, until judgment is 
 given in such selected action; 
 
 (4) Applications for stay of proceedings shall be made upon 
 notice to the plaintiffs affected by stay of proceedings or ex 
 parte; 
 
 (5) Upon the hearing of any application for consolidation of 
 actions or for stay of proceedings, the Court or Judge shall have 
 power to impose such terms and conditions and make such order 
 in the matter as may be just; 
 
 (6) If any order shall be made by a Court or Judge upon an ex 
 parte application to stay proceedings it shall be competent to the 
 plaintiffs affected by such order to apply to th^ Court or Judge 
 (as the case may be) upon notice or ex parte, to vary or discharge 
 the order so made and upon such last-mentioned application such 
 order shall be made as the Court or Judge shall think fit, and the 
 Court or Judge shall have power to dispose of the costs occasioned 
 by such order or orders as may be deemed right; 
 
 (7) In case a verdict or judgment in the selected action shall 
 be given against the defendant, the plaintiffs in the actions stayed 
 shall be at liberty to proceed for the purpose of ascertaining and 
 recovering their damages and costs; 
 
 (8) A defendant may, by notice to the opposite party to be 
 given or served at least six days before the day appointed for the 
 trial of the action, admit the truth of any statement of his liability 
 
342 Chap. 29. Employers' Uahility. 
 
 for any alleged negligence, act or omission as set forth or con- 
 tained in the plaintiff's statement or particulars of claim in the 
 action, and after such notice given the plaintiff shall not be allowed 
 any expense thereafter incurred for the purpose of proving the 
 matters so admitted; 
 
 (9) Where two or more persons are joined as plaintiffs under 
 subsection (1) of this section, and the negligence, act or omis-, 
 sion which is the cause of action shall be proved, the judgment 
 shall be for all the plaintiffs, but the amount of compensation, if 
 any, that each plaintiff is entitled to shall be separately found and 
 set forth in the judgment, and the amount of costs awarded in 
 the action shall be ordered to be paid to such person and in such 
 manner as the Court or Judge may think fit. Should the de- 
 . fendant fail to pay the several amounts of compensation and the 
 costs awarded in the action, execution may issue as in an ordinary 
 action, and should the proceeds of the execution be insufficient, 
 after deducting all costs, to pay the whole of the amoimts 
 awarded, a dividend shall be paid to each plaintiff, calculated 
 upon the proportion of the amount which shall have been award- 
 ed to the respective plaintiffs to the total amount realized after 
 the deduction of all the costs of the action as aforesaid. No. 5, 
 1908, s. 18. 
 
 Rules of 19. In any action brought to recover compensation under 
 
 prevail*." ^'^^^ Ordinance the forms and methods, and the rules and orders 
 in force in the Territorial Court of the Yukon Territory shall, 
 subject to and save as otherwise provided by the terms and pro- 
 visions of this Ordinance, apply to and regulate all matters of 
 pleading, practice and procedure in such action, and notwith- 
 standing anything in this Ordinance contained, the forms and 
 methods and the pleadings, practice and procedure in any such 
 action shall conform to and be regulated by any rules or order 
 in that behalf hereafter lawfully and duly made or prescribed 
 with respect to actions brought in said Court. No. 5, 1908, s. 19. 
 
Witnesses and Evidence. Chap. SO. 343 
 
 CHAP. 30. 
 An Ordinance respecting Witnesses and Evidence. 
 
 1. This Ordinance may be cited as The Evidence Ordinance. Title. 
 No. 5, 1904, s. 1. 
 
 2. In this Ordinance unless the context otherwise requires, Interpre- 
 (a) The expression "witnesses" includes parties to an *f *?" 
 
 action when entitled or compellable to be examined; "Witness." 
 Q>) The expression "Commissioner" includes a commis- "Commis- 
 sioner appointed for taking affidavits, and also a com- ^•°°^'^-" 
 missioner and any other person specially authorized 
 under this Ordinance or The Judicature Ordinance or the 
 rules of the Territorial Court to take examinations, depo- 
 sitions, affirmations or answers; 
 (c) The expression "Court" includes any person having "Court." 
 by law or consent of parties authority to receive evidence. 
 No. 5, 1904, s. 2. 
 
 3. Evidence of any statute of the Imperial Parliament, or the Evidence of 
 "Parliament of Canada, or of any province, colony or territory o°^oionia^ 
 forming part of Canada or of any ordinances of this territory statute giv- 
 or of any territory of Canada, may be given in any court by the ™ ^J p™- 
 reproduction of a copy of such statute or ordinance purporting copy print- 
 to be printed and published by the King's Printer or the Govern- ed by 
 ment Printer for Great Britain or Canada, or for such province, Prin^n 
 colony or territory. No. 5, 1904, s. 3. 
 
 I'UBLIC DOCUMENTS. 
 
 4. Imperial proclamations, orders in council, treaties, orders, imperial pro- 
 
 , T .-ri i 1 1 i- iu claraations, 
 
 warrants, licenses, certificates, rules, regulations, or other orders in 
 
 Imperial official records, acts, or documents, may be proved: council, etc. 
 
 (a) In the same manner as the same are from time to time ^^me^ m'anner. 
 provable in any Court in England; or As in courts 
 
 (6) By the production of a copy of The Canada Gazette, Byp?lduction 
 or a volume of the Acts of the Parliament of Canada of Canada 
 purporting to contain a copy of the same, or a notice Gazette ot vol- 
 
 J -i n UIHG 01 Acts 
 
 thereof ; or of Canada. 
 
 (c) By the production of a copy thereof, purporting to be By produc- 
 printed by the King's Printer for Canada or for the *;^"ted"br 
 Yukon Territory. No. 5, 1904, s. 4. King's 
 
 Printer. 
 
 5. Evidence of any proclamation, order, regulation, or Evidence of 
 appointment made or issued by the Governor General or by the prociama- 
 Governor General in Council, or by or under the authority tion, order, 
 ot any minister or head of any department of the Government u* "'G^emor 
 of Canada, may be given in any Court of justice in the Yukon General^'^""'^ 
 Territory and in all or any legal proceedings of any kind in the may be 
 Yukon Territory, in any one of the modes hereinafter mentioned, si^en. 
 
 hat is to say: 
 
344 
 
 By produc- 
 tion of 
 
 Canada Gazette 
 or volume 
 of Act. 
 
 By produc- 
 tion of a 
 copy print- 
 ed by King's 
 Printer. 
 By produc- 
 tion of a 
 copy certi- 
 fied by clerk 
 of King's 
 Privy 
 Council. 
 
 Chap. 30. 
 
 Witnesses and Evidence. 
 
 Evidence of 
 any procla- 
 mation, or- 
 der, etc., 
 made by a 
 Lieutenant 
 Governor 
 may be 
 given. 
 
 By produc- 
 tion of copy 
 printed by 
 King's 
 Printer. 
 
 By produc- 
 tion of 
 Official 
 Gazette. 
 
 By produc- 
 tion of copy 
 certified by 
 clerk of 
 executive 
 council. 
 
 (a) By the production of a copy of The Canada Gazette or 
 of a volume of the Acts of Parliament of Canada, pur- 
 porting to contain a copy of such proclamation, order, 
 regulation or appointment, or a notice thereof; 
 
 (o) By the production, in case of any proclamation, order, 
 regulation or appointment, of a copy thereof purporting 
 to be printed by the King's Printer of Canada; or 
 
 (c) By the production in case of any proclamation, order, 
 regulation or appointment, made or issued Isy the 
 Governor General or by the Governor General in council, 
 of a copy or extract purporting to be a true copy 
 thereof by the clerk or assistant, or acting clerk of the 
 King's Privy Council for Canada; and in the case of 
 any order, regulation or appointment made or issued 
 by or under the authority of any minister or head 
 of a department by the production of a copy 
 thereof, or extract therefrom, purporting to be certified 
 as true by such minister or by his deputy or acting 
 deputy, or by the secretary, or acting secretary of the 
 department over which he presides. No. 5, 1904, s. 5. 
 
 6. Evidence of any proclamation, order, regulation or 
 appointment made or issued by the Lieutenant Governor or 
 Lieutenant Governor in Council of any of the provinces or 
 territories of Canada, or by or under the authority of any 
 member of the executive council, being the head of any 
 department of the Government of such province or territory 
 or by the Commissioner of the Yukon Territory, maj' be 
 given in any Court of justice in the Yukon Territory and in 
 all or any legal proceedings of any kind in the Y'ukon 
 Territory, in any one of the modes hereinafter mentioned, that 
 is to say: 
 
 (a) By the production of a copy of such proclamation, 
 order, regulation or appointment, purporting to be 
 printed by the King's Printer of the Yukon Territory, 
 or by the Government Printer for the province or 
 territory; 
 (6) By the production of a copy of the Official Gazette for 
 the province or territory, purporting to contain a copy 
 of such proclamation, order, regulation or appointment 
 or a notice thereof;' 
 (c) By the production of a copy or extract of such proclama- 
 tion, order, regulation or appointment certified to be a 
 true copy by the clerk or assistant clerk or acting clerk 
 of the executive council or bj^ the head of any depart- 
 ment of any such provincial or territorial government 
 or by his deputy or acting deputy, as the case may be. 
 No. 5, 1904, s. 6. 
 
 Any order 7', Any order in writing signed by the Secretary of State 
 
 Secretary of of Canada, and purporting to be written by command of the 
 
 State Governor General, shall be received in evidence as the order of 
 
 received in ^j^g Governor General. No. 5, 1904, s. 7. 
 evidence. ' ' 
 
Witnesses and Evidence. Chap. 30. 345 
 
 8. Any order in writing signed by the Territorial Secretary Any order 
 of the Yukon Territory and purporting to be written by command ^jf°?^ ^Y 
 of the Commissioner of the Yulcon Territory shall be received tofial ^'c- 
 in evidence as the order of the Commissioner. No. 5, 1904, retary re- 
 
 e a ceived in 
 
 evidence. 
 
 9. Proclamations, treaties and other acts of state of any Proelama- 
 foreign si ate, or of any British colony may be proved by the *^°j°q^;J*^-' 
 production of a copy purporting to be sealed with the seal stateT^" 
 of the foreign state or British colony to which the original docu- P^ved by 
 ment belongs. No. 5, 1904, s. 9. ^Pcopy'"" 
 
 sealed. 
 OFFICIAL DOCUMENTS. 
 
 10. All copies of official and other notices, advertisements Production 
 and documents printed in The Canada Gazette or in The Yukon °^ <^azette 
 Gazede shall be prima facie evidence of the original and of the noti&es,^°5;c., 
 contents thereof. No. 5, 1904, s. 10. primajade 
 
 evidence. 
 
 11. In every case in which the original record could be When original 
 received in evidence, record can be 
 
 (a) A copy of any grant, map, plan, report, letter, or official evidence. 
 or public document, belonging to or deposited in any Copy oerti- 
 department of the Government of Canada, of this ^SJ* *° ^y 
 territory, or of any province or territory of Canada, be received, 
 purporting to be certified under the hand of any officer 
 
 or person in whose custody such grant, map, plan, report, 
 letter, or official or public document is placed, and 
 
 (b) A copy of a document by law, rule, regulation or Certificate 
 proceeding or of any entry in any register or other book corporation! 
 of any municipal or other corporation created by charter 
 
 or statute of Canada or of this territory, or of any pro- 
 vince or territory of Canada, purporting to be certified 
 under the seal of the corporation and the hand of the 
 presiding officer, clerk, or secretary thereof, 
 shall be received in evidence in any Court without proof of 
 the seal of the corporation or of the signature, or of the official 
 character of the person or persons appearing to have signed the 
 same, and without further proof thereof. No. 5, 1904, s. 11. 
 
 12. Every certificate granted by the Treasury Board under S.a'nted^b^ 
 the fourteenth section of Chapter thirty-one of the Acts of Treasury ^ 
 Canada for the fifty-third year of Her Majesty's reign, 1890, ^"^g^"":, 
 entitled An Act Respecting Banks and Banking, shall, on proof cli. 3i°'s. c. 
 of the signature subscribed thereto, be received as evidence of 53 Vic, to 
 the contents of such certificate, and that the same was granted ^ evidence 
 by such Treasury Board. No. 5, 1904, s. 12. 
 
 13. A copy of any entry in any book kept in any department Copy oi en- 
 of the Government of Canada, or of this territory, shall be departmental 
 received as evidence in any Court of such entry, and of the book 
 matters, transactions, and accounts therein recorded, if it is ^^th^of ^^ 
 proved by the oath or afiidavit of an officer of such department officer to be 
 that such book was, at the time of the making of the entry, one received in 
 of the ordinary books kept in such department, that the entry 
 
346 
 
 Chap. 30. 
 
 Witnesses and Evidence. 
 
 was made in the usual and ordinary course of business of such 
 department, and that such copy is a true copy thereof. No. 5, 
 1904, s. 13. 
 
 Contents of 14. Where a book or other document is of so public a nature 
 
 ofpubiio " ' ^^ *o b® admissible in evidence on its mere production from the 
 
 nature may proper custody, and no other statute exists which renders its 
 
 by ^ertfficate contents provable by means of a copy, a copy thereof or extract 
 
 of officer. therefrom shall be received in evidence in any Court, provided it 
 
 is proved that it is a copy or extract purporting to be certified 
 
 to be true by the officer to whose custody the original has been 
 
 entrusted. No. 5, 1904, s. 14. 
 
 DOCUMENTS IN COURTS. 
 
 Copy of 
 Court docu- 
 ments, etc., 
 certified by 
 officer 
 received in 
 evidence. 
 Copy of 
 judgments 
 certified by 
 officer, 
 sufficient 
 proof thereof. 
 
 Evidence of 
 proceeding 
 1 in any court 
 may be 
 given by 
 production 
 of certified 
 copy thereof. 
 
 15. A copy of any document, writing, or proceeding, 
 filed in any Court in this territory, shall be received as evidence 
 to the same extent as the original, if it is certified under the 
 seal of the Court, or by the proper officer, under his hand. 
 
 2. A copy of any order for judgment, or of the entry of the 
 judgment in the docket of judgments, certified under the hand 
 of the proper officer, shall be sufficient proof of the judgment 
 in any Court without the production of any record or other 
 proceeding in the action. No. 5, 1904, s. 15. 
 
 IG. Evidence of any proceeding or record whatsoever of, in, 
 or before any Court in the United Kingdom, or the Supreme or 
 Exchequer Courts of Canada, or any Court, or before any justice 
 of the peace, or anj^ coroner, in any province or territory of 
 Canada, or any Court in any British colony or possession, or 
 any Court of Record of the United States of America, or of any 
 state of the United States of America, or of any other foreign 
 country, may be given in any action or proceeding by a certified 
 copy thereof, purporting to be under the seal of such Court, or 
 under the hand or seal of such justice or coroner, as the case may 
 be, without any proof of the authenticity of such seal, or of the 
 signature of siich justice or coroner, or other proof whatever; 
 and if any such Court, justice, or coroner has no seal, or so 
 certifies, then by a copy purporting to be certified under the 
 signature of a judge or presiding magistrate of such Court, 
 or of such justice or coroner, without any proof of the authen- 
 ticity of such signature, or other proof whatsoever. No. 5, 
 1904, s. 16. 
 
 SHIPS TITLES. 
 
 Registration 
 of a ship 
 proved by 
 copy certi- 
 fied to by 
 custodian 
 of original. 
 
 17. Every register of, or declaration made in respect to, 
 any British ship, in pursuance of any of the Acts relating to 
 the registry of British ships, may be proved in any Court, 
 either by the production of the original, or by a copy thereof, 
 purporting to be certified under the hand of the person having 
 the custody of the original. 
 
Witnesses and Evidence. Chap. 30. 347 
 
 2. Every register, or copy of register, and every certificate Register or 
 of registry granted under any of the Acts relating to the registry "opy and 
 of British vessels, and purporting to be signed as required by of regi'sti^ 
 law, shall be received in evidence in any Court as presumptive eranted and 
 proof of all the matters contained or recited in such register, fi^^tred 
 when the register, or such copy thereof as aforesaid, is pro- shall be 
 duced, and of all the matters contained or recited in, or indorsed evidm^c*^ ^^ 
 upon, such certificate of registry when such certificate is pro- presumptive 
 
 duced. No. 5, 1904, S. 17. proof thereof. 
 
 DOCUMENTS ADMISSIBLE IN ENGLAND. 
 
 18. Every document which is admissible in evidence of any Documents 
 particular in any Court of justice in England, or Ireland, without courw '° 
 proof of the seal, or stamp, or signature, authenticating the same, England 
 or of the judicial or official character of the person appearing to ^tho^^i*"*^ 
 have signed the same, shall be received in evidence to the same ^oot°of 
 extent, and for the same purposes, in any Court without proof signature, 
 of the seal, or stamp, or signature authenticating the same, or received in 
 of the judicial or official character of ihe person appearing to same man- 
 have signed the same. No. 5, 1904, s. 18. CoVrt ""^ 
 
 TOWNSITES AND GRANTS. 
 
 IS. The plan of any townsite, or the plan of partition, Plans of 
 allotment or location of any Crown grant of land in this territory, of ^ftSion^ ' 
 may be proved in any Court by the production, of Fand' '°° 
 
 (a) Of a copy of any such plan, certified by the Crown F"'^®'^ , 
 Timber and Land Agent to be a copy of the original plan, tion^'rf."'^" 
 or of the duplicate original plan, or the certified copy of Copy oerti- 
 the plan on file in his department; or Crow'Tim- 
 
 (6) Of a copy of any such plan on file in the Land ber and 
 Titles' OfiJce for any of the Yukon Land Registration ^l""^ j^^*- 
 Districts in which such townsite or land granted is, in fied^by^'^ ^" 
 whole or in part, situated, provided such copy is certified Registrar of 
 by the Registrar of any of such Land Registration Districts DiftricT*'°" 
 to be a true copy of the original plan (or of such duplicate 
 or certified copy) on file in his department. 
 
 2. Every such plan on file in such registry office which bears Plana on 
 the certificate of the Crown Timber and Land Agent or of the ^egistr 
 Assistant Gold Commissioner or of the Director of Surveys office certi- 
 or of 1 any former Crown Timber and Land Agent, Assistant ^^d to, 
 Gold Commissioner or Director of Surveys, to the effect that evldenre.^^^ 
 such plan is an original plan returned to the said respective 
 
 offices, shall be presumptive evidence that the same is the 
 original plan so returned. 
 
 3. Every such plan or copy shall be received in evidence Plans ao- 
 without proof of the report or other proceedings taken in respect out*pTOoT*^' 
 to the partition, location or allotment of such townsite or of report. 
 grant. 
 
 4. The report, allotment, or other document in respect to any Any docu- 
 townsite, or in respect to the partition, allotment, or location ™gpect'to 
 of any grant of land, may be proved in any Court by the pro- townsite or 
 
348 
 
 Chap. 30. 
 
 Witnesses and Evidence. 
 
 land proved 
 by copy 
 certified . 
 
 Five days' 
 notice to be 
 given. 
 
 Duplicate 
 original 
 deposited in 
 Crown Tim- 
 ber office 
 certified by 
 agent to be 
 received. 
 Plan filed in 
 said offices 
 and refer- 
 red to in 
 duplicate 
 original 
 deemed to 
 be plan re- 
 ferred to. 
 
 Copy of 
 deeds, etc., 
 in Land 
 Titles Office 
 certified by 
 Registrar 
 accepted. 
 Copy of 
 probate of 
 will certi- 
 fied by Ter- 
 ritorial 
 Clerk 
 
 accepted in 
 evidence. 
 
 Section 
 shall apply 
 to wills, etc., 
 proved out- 
 side the 
 territory. 
 
 Five days' 
 notice to 
 be given . 
 
 duction of a copy, certified by the proper officer having custody 
 of the same, to be a true copy of the original document on file 
 m his department. 
 
 5. If there is comprised in any such plan or document more 
 than one lot of the original lots, it shall be sufficient to produce 
 m evidence an extract, representing or having reference to the 
 lot in question, certified to be a true extract, provided that the 
 party intending to produce the same has, five days before the 
 trial, given to the party against whom it is intended to be 
 produced notice of such intention. No. 5, 1914, s. 19. 
 
 20. A copy of any duplicate original of a grant or patent 
 from the Crown deposited in the Crown Timber and Land 
 Office, or in the Land Titles' Office, certified by the agent or 
 Registrar at said office, shall be received in evidence in any 
 Court to the same extent as the original grant or patent. 
 
 2. If any such duplicate original contains a reference to 
 any plan, and there is on file in such office a plan corresponding 
 to the description in, or meeting the requirements of, the said 
 duplicate original, such plan shall be deemed to be the plan 
 referred to in such duplicate original, notwithstanding the 
 same is not annexed to such duplicate original. 
 
 DEEDS, WILLS, AND OTHER DOCUMENTS. 
 
 21. A copy of any deed, or any document on file in the 
 Land Titles' Office certified under the hand of the Registrar 
 or proved to be a true copy taken therefrom shall be taken 
 in evidence in place of the original. No. 5, 1904, s. 21. 
 
 22. The probate of a will, or a copy thereof, certified 
 under the hand of the clerk of the Territorial Court, or proved 
 to be a true copy of the original will, when such will shall have 
 been probated, shall be received as evidence of the original 
 will ; but the Court may, upon due cause shown upon affidavit, 
 order the original will to be produced in evidence, or may 
 direct such other proof of the original will as under the cir- 
 cumstances appears necessary or reasonable for testing the 
 authenticity of the alleged original will and its unaltered con- 
 dition, and the correctness of the prepared copy. 
 
 2. This section shall apply to wills and the probate and 
 copies of wills proved elsewhere than in this territory, pro- 
 vided that the original wills have been deposited, and the pro- 
 bate and copies granted in Courts having jurisdiction over the 
 proof of wills and administration of intestate estates, or the 
 custody of wills. No. 5, 1904, s. 22. 
 
 23. A party intending to avail himself of the next two 
 preceding sections shall give notice in writing, of such intention 
 to the opposite party at least five days before the trial, with a 
 schedule of the deeds, documents or wills so intended to be 
 given in evidence, and the books wherein the same are regis- 
 tered; but the judge may dispense with such notice if he is 
 satisfied that no injustice has been done by the want thereof. 
 No. 5, 1904, s. 23. 
 
Witnesses and Evidence. Chap. 30. 349 
 
 24. Every bill of sale or other document filed in the office Bill of sale 
 of the Gold Commissioner, may be proved in any Court by the commis- ° 
 production of a copy thereof certified under the hand of the sioner's office 
 Gold Commissioner or Assistant Gold Commissioner. No. 5, J^°y,^„'^,M a 
 
 1904, S. 24. oopyoertifaed. 
 
 25. The registration of any deed, or other document regis- Registration 
 tered in the Land Titles' Office, may be proved in any Court etct"in 
 
 by the production of the certificate of registry signed by the Land Titles 
 Registrar, indorsed on such deed or document, or upon any prfvld by " 
 certified copy of such deed or document. No. 5, 1904, s. 25. certificate 
 
 of Registrar. 
 
 2G. The registration of any bill of sale or other document Registration 
 registered in the Gold Commissioner's Office, may be proved "^^f^^j^"!^ 
 in any Court by the production of the certificate of registry c's''office 
 signed by the Gold Commissioner or any person authorized P^yed by 
 to sign on his behalf, indorsed on such bill of sale or document, g^*^?''^*® °' 
 or upon any certified copy of such bill of sale or document. 
 No. 5, 1904, s. 26. 
 
 27. A deed, bill of sale or other document executed out of Documents 
 the territory, as well in foreign countries as in British dominions, outs?de*^ 
 shall be received in evidence in any Court, if such deed, bill Territory. 
 of sale or other document, is accompanied by such certificate 
 
 of execution as is required to obtain registration thereof in 
 the Land Titles' Office within the Territory. No. 5, 1904. s. 27. 
 
 28. The production in any Court of any protest, wherever Production 
 made, under the hand or seal of one or more Notaries Public, by^notart 
 of a bill of exchange or promissory note, shall be prima facie public of 
 evidence of the making of such protest, and of the statements ^^" °^ ^^- 
 therein contained. No. 5, 1904, s. 28. "^^' ^ 
 
 29. Any note, memorandum, or certificate at any time made Any note, 
 by a notary, or firm of notaries, in Canada, in the handwriting ?*"•' ™^*^® 
 of such notary, or a member of such firm, signed by such notary ■prima facie 
 or firm at the foot of or embodied in any protest, or in a regular evidence of 
 register of official acts kept by such notary or firm, shall be ance?*etT, 
 prima facie evidence in the Yukon Territory of the fact of of bill of 
 notice of non-acceptance or non-payment of a bill of exchange gtc***"^® 
 or promissory note having been sent or delivered at the time, 
 
 and in the manner stated in such note, certificate or memoran- 
 dum. No. 5, 1904, s. 29. 
 
 30. In any action or other proceeding where a party intends Fiye days' 
 to prove a telegraphic message, he may give notice to the "°*"'^- 
 opposite party, at least five days before the trial or other pro- 
 ceeding, that he intends, at such trial or proceeding, to give 
 
 in evidence as proof of the contents of the original telegraphic 
 message, the message received by him from the telegraph 
 office, and such message so received, shall be received as such 
 proof in .any Court, provided the party so receiving the same 
 proves that it was received at the telegraph office of the place 
 to which it purports to be addressed. No. 5, 1904, s. 30. 
 
350 
 
 Chap 30. 
 
 Witnesses and Evidence. 
 
 No proof of 
 handwriting 
 or official 
 position 
 required. 
 
 Not neces- 
 sary to 
 prove by 
 attesting 
 ■witness 
 where at- 
 testation 
 not neces- 
 sary. 
 
 Comparison 
 
 of disputed 
 
 writing 
 
 with 
 
 genuine 
 
 permitted. 
 
 MODE OF PROVING. 
 
 31. No proof shall be required of the handwriting or official 
 position of any person certifying, in pursuance of this ordinance, 
 to the truth of any copy of or extract from any proclamation, 
 order, regulation, appointment, book, grant, map, plan, will, 
 deed, or other document; and any such copy or extract may 
 be in print or in writing or partly in print and partly in writing. 
 No. 5, 1904, s. 31. 
 
 3S. It shall not be necessary to prove by the attesting wit- 
 ness, any instrument to the validity of which attestation is not 
 requisite; and such instrument may be proved by admission or 
 otherwise, as if there had been no attesting witness thereto. 
 No. 5, 1904, s. 32. 
 
 33. Comparison of a disputed writing with any writing 
 proved to the satisfaction of the judge to be genuine, shall be 
 permitted to be made by witnesses, and such writing and the 
 evidence of witnesses respecting the same, may be submitted to 
 the Court and jury as evidence of the genuineness or otherwise 
 of the writing in dispute.- No. 5, 1904, s. 33. 
 
 COMPETENCY OF WITNESSES. 
 
 No person 
 
 incompetent 
 
 witness 
 
 through 
 
 crime or 
 
 interest. 
 
 Parties to 
 action 
 and their 
 wives or 
 husbands 
 compe- 
 tent and 
 compellable 
 witnesses. 
 
 Corrobora- 
 tion requir- 
 ed in case 
 representa- 
 tives of 
 deceased 
 persons. 
 
 Preceding 
 section not 
 to apply to 
 action in 
 consequence 
 of adultery. 
 
 Witness not 
 obliged to 
 answer self- 
 incriminating 
 questions, etc. 
 
 34. No person shall be an incompetent witness by reason of 
 incapacity from crime or from interest. No. 5, 1904, s. 34. 
 
 35. On the trial of any action, matter, or proceeding in any 
 Court, the parties thereto, and the persons in whose behalf any 
 such action, matter, or proceeding is brought, or instituted, or 
 opposed, or defended, and the husbands and wives of such parties 
 and persons, shall, except as hereinafter excepted, be competent 
 and compellable to give evidence, according to the practice of the 
 Court, on behalf of either or any of the parties to the action, 
 matter or proceeding: Provided, that in any action, or proceed- 
 ing in any Court, by or against the heirs, executors, adminis- 
 trators, or assigns of a de<4eased person an opposite or interested 
 party to the action shall not obtain a verdict, judgment, award, 
 or decision therein on his own testimony, or that of his wife, or 
 both of them, in respect to any dealing, transaction, or agreement 
 with the deceased, or in respect to any act, statement, acknow- 
 ledgement, or admission of the deceased, unless such testimony 
 is corroborated by other material evidence. No. 5, 1904, s. 35. 
 
 36. Nothing in the next preceding section shall apply to any 
 action, suit, or proceeding in any Court instituted by the husband 
 or wife in consequence' of adultery. No. 5, 1904, s. 36. 
 
 3T. Nothing in this Ordinance contained shall render 
 any person compellable to answer any question tending to sub- 
 ject him to criminal proceedings, or to prosecution for any 
 penalty. 
 
Witnesses and Evidence. Chap. SO. 351 
 
 2. Nothing in this Ordinance contained shall render any No person 
 person who, in any criminal proceeding, is charged with the ^^^''^ 
 commission of any offence under the Ordinances of the T3rri- offence, or 
 tory, or the wife or husband of the person so charged, compell- ^^^^^"^ ""^ 
 able to give evidence against the person so charged. No. 5, Compellable 
 
 1904, S. 37. witness. 
 
 38. No husband shall be compellable to disclose any com- Husband 
 munication made to him by his wife during the marriage; and not eom- 
 no wife shall be compellable to disclose any communication made pelled to 
 to her by her husband during marriage. No. 5, 1904, s. 38. disclose 
 
 ° ' ' communica- 
 
 tions. 
 
 Attendance of witnesses. 
 
 S9. No person shall be obliged to attend or give evidence in Witnesses 
 any action, before any Court, unless he is tendered his legal fees to^atten^d*^ 
 for such attendance and necessary travel. No. 5, 1904, s. 39. court if" 
 
 fees are not 
 paid. 
 
 EXAMINATION OF WITNESSES. 
 
 40. A party producing a witness shall not be allowed to Party not 
 impeach his credit by general evidence of bad character; but he allowed to 
 may, in case the witness, in the opinion of the j udge, proves credTibility 
 adverse, contradict him by other evidence, or, by leave of the of his own 
 judge, prove that he has made at other times a statement in- ^'*°''s^- 
 consistent with his present testimony; but before such last men- 
 tioned proof can be given the circumstances of the supposed 
 statement, sufficient to designate the particular occasion, shall 
 
 be meritioned to the witness, and he shall be asked whether or 
 not he made such statement. No. 5, 1904, s. 40. 
 
 41. If a witness, upon cross-examination as to a former state- n witness 
 ment made by him relative to the subject-matter of a cause, and °" cr9ss- 
 inconsistent with his present testimony, does not distinctly admit d^i^s°hav?ng 
 that he made such statement, proof may be given that he did in made 
 
 fact make it; but before such proof can be given the circum- prool"ina,y 
 stances of the supposed statement, sufficient to designate the be given 
 particular occasion, shall be mentioned to the witness, and he ^a^e^ft'^"^ 
 shall be asked whether or not he made such statement. No. 5, 
 1904, s. 41. 
 
 42. A witness may be cross-examined as to previous state- witness 
 ments made by him in writing, or reduced into writing, relative ^^y ^^ 
 to the subject-matter of the cause, without such writing being ine?'as to 
 shown to him, but if it is intended to contradict such witness by previous 
 the writing, his attention shaU, before such contradictory proof in^wrSg 
 can be given, be called to those parts of the writing which are but if 
 
 to be used for the purpose of so contradicting him: Provided, J,o^^tradfct*° 
 always that it shall be competent for the judg3, at any time writing 
 during the trial, to require the production of the writing for his m"st be 
 inspection; and h3 may thereupon make such use of it for the ^l^_ ^ °^™ 
 purposes of the trial as he thinks fit. No. 5, 1904, s. 42. 
 
352 
 
 Chap. 30. 
 
 Witnesses and Evidence. 
 
 Witness 
 may be 
 questioned 
 as to 
 
 whether he 
 has been 
 convicted of 
 any crime. 
 
 43. A witness iii any cause may be questioned as to whether 
 he has been convicted of any crime; and upon being so ques- 
 tioned, if he either denies the fact or refuses to answer, the 
 opposite party may prove such conviction; and a certificate, 
 containing the substance and effect only (omitting the formal 
 part) of the indictment and conviction for the offence, purporting 
 to be signed by the clerk of the Court or other officer having 
 custody of the records of the Court in which the witness was con- 
 victed, or by the deputy of such clerk or officer shall, upon proof 
 of the identity of the person, be sufficient evidence of the con- 
 viction, without proof of the signature or official character of 
 the person appearing to have signed the same. ISio. 5, 1904, 
 s. 43. 
 
 ADMINISTERING OATHS AND AFFIRMATIONS. 
 
 If witness 
 objects to 
 taking oath 
 he may 
 affirm. 
 
 44. Every person, upon objecting to being sworn and 
 stating as the ground of such objection either that he has 
 no religious belief, or that the taking of an oath is contrary 
 to his religious belief, shall be permitted to make his solemn 
 affirmation instead of taking an oath, in all places and for 
 all purposes where an oath is or shall be required by law, which 
 affirmation shall be of the same force and effect as if he had 
 taken the oath. 
 
 Form of 
 affirmation. 
 
 Who may 
 
 administer 
 
 oath. 
 
 2. Every such affirmation shall be as follows: "I, A. B., 
 do solemnly, sincerely and truly declare and affirm," and 
 then proceed with the words of the oath prescribed by law, 
 omitting any words of imprecation or calling to witness. No. 5, 
 1904, s. 44. 
 
 45. Every Court, judge, justice, officer, commissioner, 
 arbitrator, or other person now or hereafter having, by law 
 or by consent of parties, authority to hear, receive, and examine 
 evidence, may administer an oath to any witness legally called 
 before such Court, judge, justice, officer, commissioner, arbi- 
 trator, or other person respectively, and administer an affirma- 
 tion to any witness who is exempted from taking an oath. No. 5, 
 1904, s. 4.5. 
 
 OATHS, AFFIDAVITS, ETC., ABROAD. 
 
 By whom 40. Oaths, affidavits, affirmations, or declarations adminis- 
 
 may iDo^*" ' tered, sworn, affirmed or made out of the territory before some 
 administered one of the following persons: 
 
 outside of (-^^ ^ commissioner authorized by the laws of the Yukon 
 
 Territory. Territory to take affidavits in and for any of the courts 
 
 of this Territory; 
 
 (5) A commissioner authorized to administer oaths in the 
 Supreme Court of Judicature in England or Ireland; 
 
 (c) A judge of the Supreme Court of Judicature in England 
 or Ireland; 
 
 (d) A judge of the Court of Sessions or the Justiciary 
 Court in Scotland; 
 
Witnesses and Evidence. Chap. 30. 353 
 
 (e) A judge of any of the county Courts of Great Britain 
 
 or Ireland; 
 (/) A judge of any Court of record or of supreme juris- 
 diction in any colony or possession belonging to the 
 Crown of Great Britain, or any dependency thereof, 
 or in any foreign country; 
 (g) The mayor or chief magistrate of any city, borough, 
 or town corporate, in Great Britain or Ireland, or in 
 any colony of His Majesty, or in any foreign country, 
 and certified under the common seal of such city, borough, 
 or town corporate; 
 (h) If made in the British possessions of India, any magis- 
 trate or collector certified to be such ilnder the hand of 
 the Governor of any such possession; 
 (i) If made in Quebec, a judge or prothonotary of the 
 Superior Court or clerk of the Circuit Court, or a Judge 
 of Sessions; 
 (j) A notary public, and certified under his hand and 
 
 official seal wherever made; 
 (fc) Consul General, Consul, Vice-Counsul, Pro-Consul, 
 or Consular Agent of His Majestj"^ exercising this function 
 in any foreign place or any person acting as such; 
 shall, for the purposes of, and in or concerning any cause, matter 
 or thing depending or to be had in any Court in the Territory, 
 be as valid and effectual, and shall be of like force and effect 
 to all intents and purposes, as if such oath, affidavit, affirma- 
 tion or declaration had been administered, sworn, affirmed or made 
 in this Territory before a Commissioner for taking affidavits 
 therein, or other competent authority of the like nature. 
 
 2. Any document purporting to have affixed, iinprgssed. Document 
 or subscribed thereon, or thereto, signaSre 
 
 (a) The signature of any such commissioner; of commis- 
 
 (b) The signature of such judge, and the seal of the Court ^^^^l' ®*°"' 
 of which he is a member; received 
 
 (c) The seal of the corporation and the signature of such without 
 mayor; _ signature. 
 
 (d) The signature of such chief magistrate or governor as 
 aforesaid; 
 
 (e) The official seal and signature of such prothonotary, 
 clerk. Consul General, Consul, Vice-Consul, Pro-Consul, 
 Consular Agent, or any person acting as such, or notary 
 public, the testimony of such oath, affidavit, affirma- 
 tion or declaration having been administered, sworn, 
 afi&rmed, or made by or before him, or for any other 
 purpose authorized by this Ordinance, 
 
 shall be admitted in evidence without proof of such signature, 
 or seal and signature, being the signature or the seal and sig- 
 nature which they respectively purport to be, or of the official 
 character of such person. No. 5, 1904, s. 46. 
 
 70263—23 
 
354 
 
 Chap. 30. 
 
 Witnesses and Evidence. 
 
 Declarations 
 made under 
 Imperial 
 Act, Chap. 
 62 of 5-6 
 William IV 
 effective in 
 Territory. 
 
 Acts, deeds, 
 etc., in 
 British 
 possessions 
 ■with form 
 of proof 
 required 
 where made 
 to have 
 same force 
 in this 
 Territory. 
 
 If any 
 competent 
 tribunal 
 issues _ 
 commission 
 to take 
 evidence 
 in territory 
 a judge may 
 order 
 
 witnesses and 
 production of 
 documents. 
 
 DECLARATIONS AND ACKNOWLEDGEMENTS IN HIS MAJESTY'S 
 
 DOMINIONS. 
 
 47. Declarations made in conformity with, and which 
 have legal effect and operation in the place where the same 
 are made under and by virfcue of an Act of the Imperial Par- 
 liament passed in the fifth and sixth years of the reign of his 
 late Majesty King William the Fourth, Chapter sixty-two, 
 relating to the abolition of oaths in certain cases, and of any 
 Act in amendment thereof, shall have the same operation and 
 effect in this Territory as if authenticated under oath before 
 the same officers before whom the declaration had been made, 
 and as if these officers had been authorized to administer such 
 oaths. No. 5, 1904, s. 47. 
 
 48. Acts, deeds, evidence, acknowledgements, and decla- 
 rations, now or hereafter done, made, taken or proved in Great 
 Britain or Ireland, or in any of His Majesty's possessions, 
 with those forms of proof and authentication which are the 
 legal mode of proof and authentication in those places, shall 
 have the same force and effect in this Territory as if sworn 
 to before the same persons or officers by and before whom the 
 proof and authentication may be made, and as if those persons 
 or officers had power to administer an oath. No. 5, 1904, s. 48. 
 
 49. Where a Court or tribunal of competent jurisdiction 
 in any part of His Majesty's dominions, or in any foreign 
 country, in some proceeding before it, issues or authorizes a 
 commission or order for obtaining the testimony of some person 
 being within this Territory, or the production of papers therein, 
 it shall be lawful for the Territorial Court, or a judge,if satisfied 
 of the authenticity of the commission or order, and the pro- 
 priety of the examination or production, by order to direct 
 the examination of the persons whom it is desired to examine 
 and the production of papers, when required, in the manner 
 prescribed in the commission or order for examination, or in 
 such other manner, and before such person, and with such 
 notice, as the Court or a judge directs. No. 5, 1904, s. 49. 
 
Exemptions. Chap. 31. 355 
 
 CHAP. 31. 
 
 An Ordinance exempting certain Property from 
 Seizure and Sale under Execution. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Exemptions Ordinance. Short title. 
 
 EXEMPTIONS. 
 
 2. The following real and personal property of an execution Exemption 
 debtor and his family is hereby declared free from seizure by ^^°™ seizure, 
 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 veget- 
 ables 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 hun- 
 dred dollars. C.O.Y.T. c. 25, s. 2. 
 
 GENERAL. 
 
 3. The execution debtor shall be entitled to a choice from Debtor's 
 the greater quantity of the same kind of articles which are choice, 
 hereby exempted from seizure. C.O.Y.T. c. 25, s. 3. 
 
 4. Nothing in this Ordinance shall exempt from seizure any Articles 
 article except the food, clothing and bedding of the execution forming 
 debtor and his family, the price of which forms the subject ^?Yud|Sent" 
 matter of the judgment upon which the execution is issued. 
 C.O.Y.T. c. 25, s. 4. 
 
 5. In case of the death of Ihe execution debtor, his property Rights of 
 exempt from seizure under execution shall be exempt from family of 
 seizure under execution against his personal representative if ^ebtor^*^ 
 the said property is in the use and enjoyment of the widow 
 
 and children or widow or children of the deceased and is neces- 
 sary for the maintenance and support &f said widow and chil- 
 dren or any of them. C.O.Y.T. c. 25. s. 5. 
 70263—231 - 
 
356- Chap. 31. Exemptions. 
 
 ^^j^sconding ft. 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 behind. CO. 
 Y.T. c. 25, s. 6. 
 
Factors and Agents. Chap. 33. 357 
 
 CHAP. 32. 
 An Ordinance respecting Factors and Agent"* 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Factors Ordinance. Short title. 
 C.O.Y.T. c. 36, s. 1. 
 
 INTERPRETATION . 
 
 2. For the purposes of this Ordinance — Interpreta- 
 
 1. The expression " mercantile agent " means a mercantile tion. 
 agent having,^ in the customary course of his business as such "Mercantile 
 agent, authority either to sell goods or to consign goods for the agent." 
 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 behalf; 
 
 3. The expression " goods " includes wares and merchandise; "Goods." 
 
 4. The expression "document of title" includes "any bill of "Document 
 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 authorizing or purporting to authorize 
 either by indorsement or delivery the possessor of the document 
 to transfer or receive goods thereby represented; 
 
 5. The expression " pledge " includes any contract pledging "piedge." 
 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 of persons 'Person." 
 corporate or incorporate. C.O.Y.T. c. 36, s. 2. 
 
 DISPOSITIONS BY MERCANTILE AGENTS. 
 
 3. Where a mercantile agent is with the consent of the Powers of 
 owner, in possession of goods or of the documents of title to mercantile 
 , goods any sale, pledge or other disposition of the goods made respecting 
 by him when acting in the ordinary course of business of a mer- disposition 
 cantile agent shall subject to the provisions of this Ordinance ° ^°° ^' 
 be as valid as if he were expressly authorized 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 
 
358 
 
 Chap. 32. 
 
 Pactors and Agents. 
 
 to goods any sale, pledge or other disposition which would have 
 been valid if the consent had continued, shall be valid notwith- 
 standing 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 
 document 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 of 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. C.O.Y.T. c. 36, s. 3. 
 
 4. A pledge of the documents of title to goods shall be deemed 
 to be a pledge of the goods. C.O.Y.T. c. 36, 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. C.O.Y.T. c. 36, s. 5. 
 
 6. The consideration necessary for the validity of a sale, 
 pledge or other disposition of goods in pursuance of this Ordi- 
 nance may be either a payment in cash or the delivery or trans- 
 fer of other goods or of a document of title to goods or of a 
 negotiable security or any other valuable consideration; but 
 where goods are pledged by a mercantile agent in consideration 
 of the delivery or transfer of other goods or of a document of 
 title to goods or of a negotiable security the pledgee shall ac- 
 quire 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. C.O.Y.T. c. 36, s. 6. 
 
 T. For the purposes of this Ordinance an agreement made 
 with a mercantile agent through a clerk or other person author- 
 ized in the ordinary course of business to make contracts of 
 sale or pledge on his behalf shall be deemed to be an agreement 
 with the agent. C.O.Y.T. c. 36, s. 7. 
 
 Provisions as 8. Where the owner of goods has given possession of the 
 to^ consignors gg^^g ^q another person for the purpose of consignment or 
 consignees. 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 such lien to another person. 
 
 2. Nothing in this section shall limit or affect the validity 
 of any sale, pledge or disposition by a mercantile agent. CO. 
 Y.T. c. 36, s. 8. 
 
 Effect of 
 pledge of 
 documents 
 of title.- 
 
 Pledge for 
 antecedent 
 debt. 
 
 Rights 
 acquired by 
 exchange of 
 goods or 
 documents. 
 
 Agreements 
 through 
 clerks, etc. 
 
Factors and Agents. Chap. 32. 359 
 
 DISPOSITIONS BY BUYEES AND SELLERS OF GOODS. 
 
 O. Where a person having sold goods continues or is in Disposition 
 possession of the goods or of the documents of title to the rJ^^ainfng in 
 goods the delivery or transfer by that person or by a mer- possession. 
 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. C.O.Y.T. c. 36, s. 9. 
 
 10. Where a person having bought or agreed to buy goods Disposition 
 obtains with the consent of the seller possession of the goods o^^^imng 
 or the documents of title to the goods, the delivery or transfer possession, 
 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 agreement 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 possession of the goods or documents of title with 
 the consent of the owner. C.O.Y.T. c. 36, s. 10. 
 
 11. Where a document of title to goods has been lawfully Effect of 
 transferred to a person as buyer or owner of the goods and that j^* „^^g„°s' o„ 
 person transfers the document to a person who takes the docu- vendor's lien 
 ment in good faith and for valuable consideration the last ^^"s^ht of 
 mentioned transfer shall have the same effect for defeating any f„°?ansf(M. 
 vendor's lien or right of stoppage in transitu as the transfer of 
 
 bill of lading has for defeating the right of stoppage in transitu. 
 C.O.Y.T. c. 36, s. 11. 
 
 SUPPLEMENTAL. 
 
 12. For the purposes of this Ordinance the transfer of a Mode of 
 document may be by indorsement or where the document t^a^-^sfemng 
 is by custom or by its express terms transferable by delivery 
 
 or makes the goods deliverable to the bearer then by delivery. 
 
 13. Nothing in this Ordinance shall authorize an agent to Liability of 
 exceed or depart from his authority as between himself and ^^^° ■ 
 
 his principal or exempt him from any liability civil or criminal for 
 so. doing. 
 
 2. Nothing in this Ordinance shall prevent the owner of Saving for 
 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 
 
360 Chap. 33. Factors and Agents. 
 
 agent would by law be entitled to retain the goods or the 
 documents of title thereto or any of them by way of lien as 
 against the owner or from recovering from any person with 
 whom the goods have 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 anj'^ right of set-oflf on the part of the buyer against 
 the agent. C.O.Y.T. c. 36, s. 13. 
 
 Saving for 14. The provisiOns of this Ordinance shall be construed 
 
 poweraof^^ in amplification and not in derogation of the powers exercisable 
 agent. by an agent independently of this Ordinance. C.O.Y.T. c. 36, 
 
 s. 14. 
 
 LIABILITY OF AGENT OF NON-RESIDENT PEINCIPAL. 
 
 Person acting 15. Any one acting either as an agent, partner or otherwise 
 fiabfe^'unlMs ^ ^^ ^^Y trading, business or calling in the Yukon Territory, 
 full nanie, etc. for or On behalf of any person, partnership, association or 
 disdosed** 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, partnership, associa- 
 tion or company, unless he or they have 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 association or a company, the principal 
 place of business of that association or company, bj'' a declara- 
 tion to be made, in all cases, to that effect, and registered at 
 the registration office according, or in addition to whatever 
 may be already required by any law or Ordinance in force 
 in this Territory concerning the registration of trading, partner- 
 ship, association or company. C.O.Y.T. c. 36, s. 15. 
 
 Execution ig. Upon any judgment obtained against any such person 
 
 agams?"^ acting as such agent, partner or otherwise, based upon a contract, 
 
 principal as transaction or obligation entered into, made or incurred for, 
 
 well as agent, qj. qj^ behalf of any such person, parbnership, 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, association or company. 
 
 C.O.Y.T. c. 36, s. 16. 
 
Fast Driving. Chap. 33. 361 
 
 CHAP. 33 
 
 An Ordinance respecting Fast Driving. 
 
 1. Any person riding or driving in or through the streets or Fast driving 
 highways of any town, village or assemblage of dwellings in the P''°'i''"*ed. 
 Yukon Territory at a rate or pace greater than six miles an hour 
 shall be liable to a penalty not exceeding $50 and costs, to be 
 recovered summarily before a justice of the peace. C.O.Y.T. 
 c. 69, s. 1. 
 
 3. The provisions of this Ordinance shall apply to the driving fppiy\^ dogs 
 of dogs. C.O.Y.T. c. 69, s. 2. 
 
 3. The fire department of towns, villages or assemblages of Not to apply 
 dwellings shall not be subject to the provisions of this Ordinance, deoartments 
 C.O.Y.T. c. 69, s. 3. y ■ 
 
362 
 
 Chap. 34. 
 
 Ferries. 
 
 Short title. 
 
 CHAP. 34. 
 An Ordinance respecting Ferries. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Yukon Ferries 
 Ordinance. C.O.Y.T. c. 8, s. 1. 
 
 Interpreta- 
 tion. 
 
 "Perry." 
 
 'Licensee.' 
 
 INTEEPRETATION. 
 
 2. In this Ordinance, unless the context otherwise requires — 
 
 (1) The term "Ferry" or "Ferries" means any scow, 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 holding 
 a license to operate a ferry in accordance with the provisions 
 of this Ordinance. C.O.Y.T. c. 8, s. 2. 
 
 Commis- 
 sioner 
 to issue 
 licenses. 
 
 Terms of 
 license. 
 
 TolJs. 
 
 Fee for 
 license. 
 
 Hours. 
 
 LICENSES. 
 
 3. Subject to the provisions of this Ordinance the Commission- 
 er may at any time issue a license to any person or persons for 
 the establishment and operation of a ferry or ferries on any river, 
 stream or other body of water in the Territory, granting th€ ex- 
 clusive 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. C.O.Y.T. c. 8, s. 3. 
 
 4. No license shall be granted for — 
 (a) A longer tern than one year; 
 
 (6) 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. C.O.Y.T. c. 8, s. 4. 
 
 5. The maximum rate of tolls which may be charged for 
 each crossing by means of a licensed ferry shall be fixed from 
 time to time by the Commissioner, and in every ferry license 
 granted the maximum rate of tolls which can be collected shall 
 be specified. C.O.Y.T. c. 8. s. 5. 
 
 6. The fee to be paid by a licensee on receiving a ferry license 
 as hereinbefore provided shall be $75. C.O.Y.T. c. 8, s. 6. 
 
 7. Licensed ferries shall be run at all hours of the day and 
 night (Sundays included) at which they are required, unless in 
 
Ferries. Chap. 34. 363 
 
 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 
 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. C.O.Y.T. c. 8, s. 7. 
 
 8. Notwithstanding anything contained in this Ordinance, No toll to be 
 no toll shall be charged for children going to or returning from Bohool 
 school, and in no case shall His Majesty's mail be obstructed or children and 
 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. C.O.Y.T. c. 8, s. 8. 
 
 9. If the water in any stream, river or other body of water Licensee may 
 upon which the license for the operation of a ferry has been ghaUow* '" 
 issued, becomes too shallow to permit of such ferry being oper- water, 
 ated, 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. C.O.Y.T. 
 c. 8, s. 9. 
 
 10. The immediate approaches to every ferry shall be kept Licensees to 
 in such order and condition by the licensee as is necessary to approaches in 
 make the ferry accessible at all times for loaded vehicles and order, 
 animals attached thereto without danger or injury. C.O.Y.T. 
 
 c. 8, s. 10. 
 
 11. A ferry on any stream, river, or other body of water that F?"7?°\ *° 
 may be 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. C.O.Y.T. c. 8, s. 11. 
 
 12. Every ferry license granted shall specify the kind and License to 
 size of scow, barge, or boat to be used in such ferrying, the H^^ londt ° 
 limits of the stream, river, or other body of water within which tions, &c. 
 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. C.O.Y.T. c. 8, s. 12. 
 
 13. Every person holding a ferry license shall keep at all Schedule of 
 times, posted up in a conspicuous place on such ferry, a schedule j^lp^*" "^ted 
 certified by the Commissioner, showing the authorized ferry 
 
 rates for the different hours of crossing. C.O.Y.T. c. 8, s. 13. 
 
 14. The Commissioner may from time to time appoint Commis- 
 such person as he sees fit to inspect and report on the condition appofn™^^ 
 of any ferry, or with reference to the complaint of any person inspector. 
 
364 
 
 Chap. 34. 
 
 Ferries. 
 
 -Offences. 
 
 Penalty. 
 
 Penalty for 
 violating 
 terms of 
 license. 
 
 Conviction 
 not to be a 
 bar to civil 
 suit. 
 
 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 Commissioner 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. C.O.Y.T. c. 8, s. 14. 
 
 15. Any licensee using insulting language to, or illtreating 
 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 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 
 the peace of violating any of the terms or conditions of his 
 license or of this Ordinance, he shall be liable on summary 
 conviction thereof to a penalty not exceeding $50, and in default 
 thereof to imprisonment for any period not exceeding one 
 rtitonth and shall be further liable to forfeit his license under 
 the directions of the Commissioner. C.O.Y.T. c. 8, s. 15. 
 
 lO. No conviction, as provided by the next preceding section, 
 shall be a bar to the ordinary civil suit for damages by the 
 person upon whose complaint the conviction was obtained. 
 C.O.Y.T. c. 8, s. 16. 
 
 Fees received IT. All money received for ferry licenses, fees or bonuses, 
 go'^ to ^glnlra° ^^^^^ ^his Ordinance, shall be deposited to the credit of the 
 revenue fund general revenue fund of the Yukon Territory. C.O.Y.T. 
 c. 8, s. 17. 
 
 Licensee 
 liable for 
 damages. 
 
 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 suitabil- 
 ity of anv of the appliances used in connection with the ferry. 
 C.O.Y.T.' c. 8, s. 18. 
 
 Penaityfor 19. Any person taking, carrying or conveying, across any 
 T^hout ^"^ stream, river or other body of water, any person or personal 
 license. 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 conviction 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. C.O.Y.T. c. 8, s. 19. 
 
 Penalty for 20. If any person using an authorized ferry refuses to pay 
 
 "^av^toUs*" *^^ authorized toll or rates chargeable for ferrying himself or 
 
 his property, the licensee of such ferry may forthwith seize any. 
 
Femes. Chap. 34. 365 
 
 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 imprison- 
 ment for a period not exceeding 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. C.O.Y.T. c. 8, s. 20. 
 
366 
 
 Chap. 35. 
 
 Investigation of Accidents by Fire. 
 
 CHAP. 35- 
 
 An Ordinance respecting the Investigation of 
 Accidents by Fire. 
 
 Magistrate 1. Any justice of the peace may subject to the provisions 
 
 fnquire^into*° hereinafter contained institute an inquiry into the cause or origin 
 cause of fires, of any fire and whether it was kindled by design or was the 
 
 result of negligence or accident aiid act according to the result 
 
 of such inquiry. C.O.Y.T. c. 33, s. 1. 
 
 No inquiry to 
 be held 
 except on 
 reasonable 
 suspicion. 
 
 Examination 
 of witnesses. 
 
 Penalty for 
 not 
 
 attending 
 as witness. 
 
 2. No justice of the peace shall institute an inquiry into 
 the cause or origin of any such fire until a sworn statement in 
 writing has been made before him that there is reasonable 
 suspicion that such fire was the result of culpable or negligent 
 conduct or design or occurred under such circumstances as in 
 the interests of justice and for the due protection of property 
 require an investigation. C.O.Y.T. c. 33, s. 2. 
 
 3. For the purpose of any inquiry under this Ordinance 
 such justice of the peace shall summon and bring before him all 
 persons whom he deems capable of giving information 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 Commissioner. C.O.Y.T. c. 33, s. 3. 
 
 4. If any person having been duly summoned as a witness 
 to give evidence upon any such inquiry does not after being 
 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 the goods and chattels of such offender and in default of 
 such distress or if such distress proves insufficient such justice 
 of the peace may commit the offender to prison for any *^erm 
 not exceeding twenty-one days. C.O.Y.T. c. 33, s. 4. 
 
 Justice may 5. If upon such investigation, it is made to appear to the 
 causing'^fire. satisfaction of the justice of the peace before whom such investi- 
 gation is held, that any such fire was caused by the culpable or 
 negligent conduct of any person, he shall have power to summon 
 
Investigation of Accidents by Fire. Chap. 35. 367 
 
 such person before him, and, upon summary conviction, to 
 impose upon such person a fine not exceeding $500 and costs, 
 including those of the investigation, to be allowed upon the 
 same scale as on a summary conviction. C.O.Y.T. c. 33, s. 5. 
 
368 Chap. 36. An Ordinance for the Prevention of Fires. 
 
 CHAP. 36. 
 
 An Ordinance for the Prevention of Fires. 
 
 Quantities of 1. No person shall keep on any premises a larger quantity of 
 that may be gunpowder Or other explosive than twenty-five pounds unless 
 kept in the same is stored at least one hundred feet from any building, 
 
 one place. nor shall any greater quantity than one hundred pounds be 
 
 kept within any fire limits nor within one mile from the centre 
 
 thereof. C.O.Y.T. c. 67, s. 1. 
 
 kerostne^that ^* ^° person shall keep on any premises a greater quantity 
 
 may be kept of kerosene than one hundred and twenty gallons or a greater 
 
 in one place, quantity of gasoline than forty gallons, unless the same is stored 
 
 at least sixty-five feet from any building. C.O.Y.T. c. 67, s. 2. 
 
 Fire not to be 3. No person shall set out fire within fifty feet of any bui'ding; 
 fi£ty7ert"of provided, nevertheless, that a blacksmith may build a fire 
 building. within fifty feet of his shop for the purposes of his trade. CO. 
 Y.T. c. 67, s. 3. 
 
 Ashes not to 4. No person shall deposit ashes in any wooden vessel unless 
 tn wooX it is lined with metal. C.O.Y.T. c. 67, s. 4. 
 
 vessel. 
 
 Space to be 5. There shall be a space of at least nine inches between any 
 
 stovepipe^and stovepipe and partition or floor through which it passes unless 
 
 partition. such stoveplpe is surrounded in such partition or floor by a 
 
 thimble of brick, cem3nt 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. 
 
 Distance of 2. At least twelve inches shall intervene between any stove- 
 
 from^ waU. pipe in use and the partition or wall nearest thereto. C.O.Y.T. 
 
 c. 67, s. 5. 
 
 one"story^to ^' ^very proprietor of any house more than one-story high, 
 have ladder with a roof having a pitch greater than one foot in three shall 
 on roof. keep a ladder on such roof near the chimney thereof. C.O.Y.T. 
 c. 67, s. 6. 
 
 Commis- T . The Commissioner may by proclamation published in 
 
 majfestabiish ^^^ Yukou Official Gazette and in one newspaper published in 
 fire districts, the district alfected by such proclamation (if there is one pub- 
 lished in said district), establish fire limits within the boundaries 
 of which no person shall erect, or after a date therein named, 
 maintain any building or structure of any description con- 
 structed 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 
 
An Ordinance for the Prevention of Fires. Chap. 36. 369 
 
 compensation by any person under direction of the officer for the 
 time being commanding the Royal Northwest Mounted Police 
 in said district. C.O.Y.T. c. 67, s. 7. 
 
 8. Any person guilty of a violation of any of the provisions of Penalty, 
 this Ordinance shall be liable on summary conviction, to a 
 penalty not exceeding fifty dollars and costs, and in default of 
 payment to imprisonment for a period not exceeding three 
 months. C.O.Y.T. c. 67, s. 8. 
 
 O. In this Ordinance the expression "village" shall extend "Village" 
 to and include any collection of not less than five inhabited or <l^fi°^<*- 
 occupied buildings which are not more than one hundred feet 
 apart, and will apply only to towns or villages outside of Dawson. 
 No. 10, 1907. s. 1. 
 
 10. No person shall hereafter place any stove or range in any Space to be 
 house or building in any village, without leaving twenty ^5'* betweea 
 inches clear from any woodwork, immediately above such stove woolwork, 
 or range and fourteen inches from any woodwork opposite 
 
 the sides, unless the same is covered by a zinc guard backed with 
 asbestos, and will leave a clear open space between such range 
 or stove. Floors under all stoves shall be protected by a cover- 
 ing of incombustible material. No. 10, 1907, s. 1. 
 
 11 . All ovens, furnaces or stoves shall be properly connected Provision 
 with a chimney of brick, stone or metal, extending at least three comec^oni- 
 f eet clear of any roof and all stove pipes where passing with chim- 
 through any floor, wall, partition or roof shall be protected with "^^^ ^*°- 
 
 a thimble of metal having an air space of at least four inches 
 and having a metal core built in same, such core to be at least 
 one-half an inch larger than the stove pipe passing through it, 
 and said thimble shall be the full width of floor, wall, partition 
 or roof through which it passes. No. 10, 1907, s. 1. 
 
 12. No stove pipe shall pass through any attic, garret or loft, Provisions 
 unless the same be protected by a regulation thimble, extending ^sses ^'^^ 
 from the ceiling below such attic, garret or loft to the required through 
 distance above the roof. No. 10, 1907, s. 1. '°"' ^*°- 
 
 13. The standard weight of metal for stove pipes shall be: standard 
 inside or interior pipes, number 24 gauge steel. Exposed or mefaU for 
 exterior, number 24 gauge galvanized steel; all of which must stove pipes, 
 be properly guyed and riveted and so constructed as to admit 
 
 of their being scraped, brushed or cleaned. No person shall 
 maintain, use or permit to be used within the village any pipe 
 or pipes of a lighter weight than number 24 gauge steel, and all 
 such pipe of a lighter weight may be condemned by any member 
 of the Royal Northwest Mounted Police specially detailed for 
 that purpose or by any other person named by the Commis- 
 sioner, and may be removed or destroyed upon the order of a 
 Stipendiary Magistrate having jurisdiction in the village. No. 
 10, 1907, s. 1. 
 
 70263—24 
 
370 Chap. 36. An Ordinance for the Prevention of Fires. 
 
 et°7to'br^' •"■*' ^^} persons shall keep their chimneys and stove pipes in 
 kept in good repair and have the same properly cleaned once a month. 
 
 repair. No. 10, 1907, S. 1. 
 
 inspect. IS- Any member of the Royal Northwest Mounted Police 
 
 specially detailed for that purpose or any other person named 
 by the Commissioner, may at any time during day time, enter 
 any inhabited or occupied building in any village to inspect 
 the same regarding the provisions of this Ordinance. No. 10, 
 1907, s. 1. 
 
 Ordinance jg. T^ig Ordinance shall not apply to the City of Dawson. 
 
 not to apply ^i n V Ti „ CT n 
 
 to Dawson. CU.Y.i. C. d7, S. 9. 
 
Forest Fires. Chap. 37. 371 
 
 CHAP. 37- 
 
 An Ordinance for the Prevention of Prairie and 
 Forest Fires. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Forest Fires Ordinance. Short title. 
 C.O.Y.T. c. 74, s. 1. 
 
 PROVISIONS AGAINST KINDLING FIRES. 
 
 3. Any person who shall either directly or indirectly, per- Causing 
 sonally or through any servant, employee or" agent — ^^^" 
 
 1. Kindle a fire and let it run 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 conviction Penalty, 
 thereof be liable to a penalty of not less than $25 and not more 
 than $500 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 anv such fire. C.O.Y.T. c. 74, 
 s. 2; No. 3, 1912, s. 1. 
 
 CAMP OR BRANDING FIRES. 
 
 3. Any person who kindles or is a party to kindling a fire ^^™p. °'^ 
 in the open air for camping or branding purposes and who gres "^ 
 leaves the same without having extinguished it shall be guilty extinguish- 
 of an offence and liable on summary conviction thereof to a '"*"*• 
 penalty not exceeding $500. C.O.Y.T. c. 24, s. 3; No. 3, 
 
 1912, s. 2. 
 
 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, or for the purpose of burning the limbs of 
 trees to be used for firewood or timber unless the land on which 
 the fire is started is at the time it is started completely sur- 
 rounded by a fireguard not less than twenty feet in width con- 
 sisting of 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 continuance cause 
 
372 
 
 Chap. 3T. 
 
 Forest Fires. 
 
 it to be guarded by three adult persons provided with proper 
 
 appliances for extinguishing prairie or forest 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 $500. 
 Written per- 3. No person shall kindle any such fire as is herein mentioned 
 C^mlssioii- ""^'t^iout first having obtained the written permission of the 
 cr required. Commissioner of the Yukon Territory, or some person appointed 
 
 by him for that purpose. C.O.Y.T. c. 74, s.4. No. 7, 1904, s. 1. 
 
 FIRES BY RAILWAY EMPLOYEES. 
 
 Railwa:)r 
 companies 
 and 
 employees. 
 
 5. Nothing in this Ordinance shall prevent any railway 
 company or its employees from burning over the land held 
 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 extinguishing prairie or 
 forest fire and in default thereof shall be guilty of an offence and 
 liable on summary conviction thereof to a penalty not exceeding 
 $500. 
 
 3. This section shall not relieve any person from liability 
 under this Ordinance if any fire so started shall escape or run 
 at large. C.O.Y.T. c. 74, s. 5. No. 3, 1912, s. 4. 
 
 SPRING BURNING. 
 
 Fires before 
 7th May. 
 
 6. Nothing herein contained shall prevent any person from 
 kindling fire before the 7th day of May in any year for the 
 purpose of clearing any area of land not exceeding three hundred 
 and twenty acres if such 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 : 
 C.O.Y.T. c. 74, s. 6. No. 3, 1912, s. 6. 
 
 PROSECUTIONS. 
 
 Bnrden of 
 proof. 
 
 T. It shall not be necessary that any prosecutor or com- 
 plainant shall in any information or complaint for an offence 
 under this Ordinance negative any exemption, exception, 
 proviso or condition herein contained or prove any such negative 
 
Forest Fires. Chap. 37. 373 
 
 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. C.O.Y.T. c. 74, s. 7. 
 
 BIGHT OF ACTION PRESERVED. 
 
 8. Nothing in this Ordinance shall bar or prevent any person Right 
 from bringing any action against any person to which he °l^"*i^"j 
 is otherwise entitled. C.O.Y.T. c. 74, s. 8. preservea. 
 
 T-IRE GUARDIANS. 
 
 9. The Commissioner may appoint fire guardians having ^™^ ,. 
 the powers of constables to enforce the provisions of this s"^™'*°»- 
 Ordinance and all justices of the peace, and all members of 
 
 the Royal Northwest Mounted Police force shall be ex officio 
 fire guardians. C.O.Y.T. c. 74, s. 9. 
 
 10. Any fire guardian may order any grown-up male person Powers of 
 under sixty years of age (other than postmasters, railway station guardians, 
 agents, members of the medical profession, telegraph operators, 
 conductors, engineers, brakesmen, firemen or trainmen) residing 
 
 or then being within ten miles of a prairie fire or within fifteen 
 miles of a bush fire to proceed at once to the locality of such 
 fire and assist in extinguishing it; and any person neglecting 
 or refusing without 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. C.O.Y.T. c. 74, s. 10. 
 
 11. Upon the conviction of any person or persons for any One-half fine 
 contravention of this Ordinance one-half of the fine imposed pro^^Jfto*" 
 shall, upon payment by the person convicted, be paid to the 
 prosecutor or complainant. No. 3, 1912, s. 6. 
 
374 
 
 Chap. 38. 
 
 Fox Protection Ordinance. 
 
 CHAP. 38. 
 An Ordinance regulating the Exportation of Foxes. 
 
 Short title. 
 
 Interpre- 
 tation. 
 
 "Person" or 
 "party." 
 
 "Penalty" 
 includes 
 "fine" and 
 imprison- 
 ment. 
 
 Close season 
 for foxes 
 under one 
 year. 
 
 Registration 
 and permit 
 to export. 
 
 1. This 
 Ordinance. 
 
 Exportation 
 of foxes not 
 born in 
 captivity. 
 
 Permit of 
 Commis- 
 sioner. 
 
 Statutory 
 
 declaration 
 
 required. 
 
 Ordinance may be cited as The Fox Protection 
 No. 8, 1914, s. 1. 
 
 INTERPHETATION . 
 
 3. In this Ordinance the following expressions have the 
 meaning assigned to them in this Section unless the context 
 otherwise requires: 
 
 (a) The word "person" or "party" shall include any person 
 or party, persons or parties or any body corporate or politic, 
 partnership, company or society and the heirs, executors, 
 adminstrators or other legal representatives of such persons 
 to whom or which the context is capable of applying. 
 
 (b) The word "penalty" with reference to an offence under 
 this Ordinance includes any fine to which the offender may be 
 liable under this Ordinance and also any imprisonment which 
 under the provisions hereof may be imposed in default of the 
 payment or satisfaction of such fine and also to all forfeitures 
 provided for under the provisions of this Ordinance. No. 8 of 
 1914, s. 2. 
 
 3. No one shall hunt, take, kill, shoot at, wound, injure or 
 molest in any way between the first day of April and the first day 
 of June any fox under one year of age. No. 8 of 1914, s. 3. 
 
 4. Every person who at the date of the coming into force 
 of this Ordinance is the owner of any live fox or foxes in captivity 
 within the Yukon Territory shall not later than two months 
 thereafter file with the Territorial Secretary at Dawson or some 
 person at Whitehorse to be appointed by the Commissioner a 
 statement in writing under oath containing the name of the 
 owner thereof and the number of foxes owned by him with a 
 description of each of such foxes and such person shall there- 
 upon be entitled to a permit from the Commissioner or some 
 person appointed by him for the purpose at Whitehorse 
 authorizing such person to export and ship such foxes to any place 
 without the Territory. No. 8 of 1914, s. 4. 
 
 5. No person, corporation, railway company, express 
 company or other common carrier shall at any time or in any 
 manner export or cause to be exported or carried or have in 
 possession for the purpose of exporting or carrying out of the 
 limits of this Territory any live fox not born in captivity or any 
 other live fox which has not been in captivity for a period of at 
 least two years, but no live foxes of any kind shall be exported 
 from the Territory except in pursuance and by virtue of a permit 
 from the Commissioner or some person at Whitehorse to be 
 appointed by the Commissioner for that purpose. No. 8 of 
 1914, s. 5. 
 
 <». Before any permit for exporting any live fox is granted 
 there shall be filed with the person issuing such permit a statu- 
 tory declaration by the owner of such fox or his agent that such 
 
Fox Protecdon Ordinance. Chap. 38. 375 
 
 fox has either been born in captivity or has been in captivity for 
 at least two years. Such declaration to specify the kind and 
 colour of each fox to be exported. The fee for each permit issued 1^^^. 
 shall be $5. No. 8 of 1914, s. 6. 
 
 t. Every person, corporation, railway company, express com- Permit 
 pany, or other common carrier shall, on production of such permit tolxport 
 by the holder thereof, be entitled to carry without the Territory 
 the foxes in such permit described. Such permit to be taken up by 
 them and forwarded to the Territorial Secretary. No. 8 of 1914, 
 s. 7. 
 
 8 Every one is guilty of an offence and liable to the penalty Approaching 
 hereinafter provided who at any time hereafter in any part of yirdj^of' 
 the Territory, without the consent of the owner or caretaker of indosure 
 a ranch or enclosure where foxes or other fur-bearing animals are ^g®^| ^""^^ 
 kept in captivity for breeding purposes, shall approach or enter an^offTnce. 
 uppn the private grounds of the owner or owners of the said 
 animals within a distance of twenty-five yards from the outer 
 fence or enclosure within which the pens or dens of the said 
 animals are located and upon which said fence notice forbidding 
 trespassing on the said premises is kept posted so as to be plainly 
 discernible at the said distance of not less than twenty-five 
 yards, provided a public highway does not run closer than 
 twenty-five yards. No. 8 of 1914, s. 8. 
 
 PENALTIES. 
 
 9. Every person who violates any of the provisions of this Penalties 
 Ordinance is liable on summary conviction thereof to a penalty 
 
 as follows: 
 
 (a) Any person who commits an offence under or against the 
 provisions of Section 5 of this Ordinance to a penalty of not less 
 than $50 and not exceeding $300 and in default of payment 
 or satisfaction, to suffer imprisonment for a period not ex- 
 ceeding six months, with or without hard labour. 
 
 (b) Any person who commits an offence under or against the 
 provisions of section 3 or section 8 of this Ordinance to a penalty 
 of not less than $10 and not exceeding $100 and in default 
 of payment or satisfaction to suffer imprisonment for a period 
 not exceeding three months, with or without hard labour.' 
 
 (c) In addition to the penalty provided in subsections "a" Confiscatlo^ 
 and "6 "hereof, all foxes found being exported or shipped from bef^^^ 
 the Territory or which have been taken within the prohibited unlawfully 
 period in violation of the provisions of sections 3 and 5 of this exported. 
 Ordinance, shall, on conviction of any person so taking, exporting 
 
 or shipping the same, be forfeited to and become the property of 
 the Yukon Government. No. 8 of 1914, s. 9. 
 
 10. Every fee, fine or penalty recovered under this Ordinance Fees, etc., 
 shall be paid into the office of the Territorial Treasurer. No. 8 of *° be paid 
 1914, s. 10. *° ''"^""' 
 
 11. All fines, penalties, fees and moneys recovered or paid ^ees, etc., 
 under any of the provisions of this Ordinance shall form part o°™neral 
 of the general revenue fund of the Territory. No. 8 of 1914, revenue, 
 s. 11. 
 
376 
 
 Chap. 39. 
 
 Preservation of Game. 
 
 CHAP. 39. 
 An Ordinance respecting the Preservation of Game. 
 
 Interpreta- 
 tion. 
 
 "Game 
 guardian." 
 
 Seasons. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Yukon Game 
 Ordinance. 
 
 2. 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 Or- 
 dinance. 
 
 2. The time within which beasts and birds may be hunted 
 and killed under this Ordinance is called the "Open Season," 
 and the time within which such hunting and killing is prohibited 
 is called the "Close Season." C.O.Y.T. c. 72, s. 1. No. 6 of 
 1908, s. 1. 
 
 Buffalo or 3. Except as hereinafter provided, buffalo or bison shall not 
 
 b?kuied. ° be hunted, taken, killed, shot at, wounded, injured, or molested 
 in any way, at any time of the year. C.O.Y.T. c. 72, s. 2. 
 
 4. Except as hereinafter provided, the following beasts and 
 birds shall not be hunted, taken, killed, shot at, wounded, in- 
 jured, 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 March and 
 the first day of September in each year. 
 
 2. Grouse, partridge, ptarmigan, pheasants and prairie 
 chickans, between the fifteenth day of January and the first day 
 of October in each year. 
 
 3. Wild swans, wild ducks, and wild geese, snipe, sandpipers 
 or cranes, between the first day of June and the tenth day of 
 August in each year. 
 
 4. No one person shall have the right to kill during the Open 
 Season, except as hereinafter provided, more than two elk or 
 wapiti, two moose, two musk-oxen, six deer, six caribou, two 
 mountain sheep and two mountain goats, and no females shall be 
 killed at any time except as provided by section 21 of this 
 Ordinance. 
 
 _ 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. 
 
 6. Any person purchasing the meat of any 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. 
 
 Close season. 
 
 Number of 
 animals to 
 be killed. 
 
 Persons 
 killing 
 animals 
 to report. 
 
 Traders to 
 keep date of 
 purchasing 
 meat. 
 
Preservation of Game. Chap. 39. 377 
 
 7. All members of the Royal Northwest Mounted Police shall R-N-W.m.p. 
 be ex-officio "game guardians" under this Ordinance, and the guardS^ 
 Commissioner 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- possession 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 re- 
 fusing, molesting or obstructing the said game guardian in the 
 accomplishment of such duties, is liable upon summary convic- 
 tion to a penalty not exceeding $100 and costs, and in default of 
 payment to imprisonment not exceeding one month. C. 0. 
 Y.T. c. 72, s. 3. No. 12, 1903, s. 1. No. 5, 1905, s. 5. 
 
 5. The Commissioner in Council may from time to time, Close season 
 when they deem it necessary or expedient so to do, alter by ^tended 
 resolution, any of the times fixed by sections 3 and 4 of this 
 Ordinance. C.O.Y.T. c. 72, s. 4. 
 
 6. No person who is not a resident of this Territory shall Non-residents 
 have the right to hunt, take, kill, shoot at or carry away any of °^ Territory 
 the beasts mentioned in this Ordinance unless he is possessed ii^°nse^^° 
 
 of a license to that effect, signed by the Commissioner of the 
 Yukon Territory or any person appointed by him for that pur- 
 pose, which license shall be granted only upon payment of a 
 fee of one hundred dollars ($100), which will form part of the 
 General Revenue Fund of the Territory. No. 6 of 1908, s. 4 
 No. 1 of 1909 s. 1. 
 
 T. All persons obtaining a license under the next preceding Licensees to 
 section shall, before leaving the Territory, be required to make ™^^ . 
 oath before a game guardian that they have not violated any 
 of the provisions of this Ordinance giving any particulars with 
 relation thereto that may be required by the game guardian. 
 No. 6 of 1908, s. 4. 
 
 8. Except as hereinafter provided no eggs in the nests of Eggs not to 
 any of the birds above mentioned, or in the nest of any other ^^ taken, 
 species of wild fowl, shall be taken, destroyed, injured or 
 molested at any time of the year. C.O.Y.T. c. 72, s. 5. 
 
 9. Notwithstanding anything in sections 2, 3, 4 and 5 of this Exceptions. 
 Ordinance, the beasts and birds mentioned in those sections may 
 
 ba lawfully hunted, taken or killed, and eggs of any of the birds 
 or other wild fowl so mentioned may be lawfully taken: 
 
 1. By explorers, surveyors, prospectors, miners or travellers 
 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. C.O.Y.T. c. 72, 
 s. 6. 
 
378 
 
 Chap. 39. 
 
 Preservation of Game. 
 
 Game not to 
 be taken by 
 certain 
 contrivances. 
 
 Not to be 
 poisoned. 
 
 No poison, 
 to be used. 
 
 Dogs not to 
 be used. 
 
 10. None of the contrivances for taking or killing wild fowl, 
 known as batteries, swivel guns or sunken punts, shall be used at 
 any time, of the year, to take, destroy, or kill any of the birds 
 mentioned in this Ordinance, or any other species of wild fowl. 
 C.O.Y.T. c. 72, s. 7. 
 
 11. None of the birds and beasts mentioned in this Ordinance 
 shall be taken, or killed, at any time of the year by the use of 
 poison or poisonous substances, or pits or falls. 
 
 2. It shall be unlawful for any person to use poison or poison- 
 ous substances for the purpose of taking or killing any birds or 
 beasts of any kind whatsoever, and the fact that any person 
 places any poison or poisonous substances in such a position that 
 it may be reached or taken by any bird or beast, shall be proof 
 that it was used for such purpose and shall be deemed an offence 
 against the provisions of this Chapter. C.O.Y.T. c. 72, s. 8. 
 No. 5, 1905, s. 1. 
 
 12. No dog shall be used at any time of the year for hunting, 
 taking, running, killing, injuring or in any way molesting buffalo 
 or bison, or during the close season, any of the other beasts, or any 
 of the birds mentioned in this Ordinance. C.O.Y.T. c. 72, s. 9. 
 
 Indians not to 13. No One shall enter into any contract or agreement with 
 be emp oye . ^^ 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. 
 C.O.Y.T. c. 72, s. 10. 
 
 Offences. 
 
 Enforcement 
 of penalties. 
 
 14. 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. 
 
 2. And for the violation as to any other of the provisions 
 of this Ordinance to a penalty of not more than $100. 
 
 3. And he is also liable in every case to pay the costs of con- 
 viction. C.O.Y.T. c. 72, s. 11. 
 
 15. The authority making the conviction may order that 
 in default of payment- of the penalty and the costs of conviction 
 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 imprisoned for a period 
 of not more than three months, unless the penalty and costs 
 are sooner paid. 
 
Preservation of Game. Chap. 3d. 379 
 
 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. 
 C.O.Y.T. c. 72, s. 12. 
 
 1 6. In all cases of a conviction under this Ordinance one-half One-halt of 
 of the fine shall be paid to the informer and one-half shall form ^former.^ 
 part of the General Revenue Fund of the Territory. No. 6 of 
 1908, s. 5. 
 
 IT. Any beast, bird or eggs in respect of which any con- On conviction 
 viction has been made under this Ordinance shall be held to fo^^gga'ted.'' 
 be thereby confiscated, and the authority who has made the 
 conviction may make such disposal of them as he thinks fit, 
 except to sell or barter the same. C.O.Y.T. c. 72, s. 14. 
 
 18. 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 however, 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, 
 for a period of sixty days after the beginning of the close 
 season. C.O.Y.T. c. 72, s. 15. 
 
 19. Any justice of the peace, when he considers it necessary Justice may 
 to do so, may appoint a constable or constables to apprehend cSable. 
 and arrest any person who has done, or who he has reason to 
 believe has done anything in contravention of any of the pro- 
 visions 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. 
 C.O.Y.T. c. 72, s. 16. 
 
 20. Any justice of the peace, upon proper information that Justice may 
 there is reason to suspect that a breach of any of the provisions ^a^anl!'' 
 of this Ordinance has been committed, or that any beast. 
 
380 
 
 Chap. 39. 
 
 Preservation of Game. 
 
 Permits to 
 kill for 
 scientific 
 
 purposes. 
 
 Game 
 guardian. 
 
 bird or eggs, in respect of which such a breach has been com- 
 mitted, 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 afterwards according to the provisions 
 of this Ordinance. C.O.Y.T. c. 72, s. 17. 
 
 21. The Commissioner or any officer or person duly author- 
 ized by him may issue a permit to any person to take or kill, 
 for scientific purposes or for food, or to take with a view to 
 dom^ication, any number, to be fixed by the Commissioner 
 of each of the said beasts, or birds, except buffalo and bison, or 
 to take 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. C.O.Y.T. c. 72, s. 18. No. 6 of 1908, s. 6. 
 
 22. The Commissioner may appoint one or more game 
 guardians for the purpose of carrying out the provisions of 
 this Ordinance. C.O.Y.T. c. 72, s. 19. 
 
 To take oath. 23. 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 faith- 
 fully, honestly and impartially fulfil, execute and perform the 
 office and duty of such game guardian according to the true 
 intent and meaning of the Ordinance respecting the preserva- 
 tion of game in the Yukon Territory and of all regulations 
 made or to be made thereunder. " So help me God. C.O.Y.T. 
 c. 72, s. 20. 
 
 Remunera- 
 tion. 
 
 Rules and 
 regulations. 
 
 24. 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. C.O.Y.T. c. 
 72, s. 21. 
 
 25. The Commissioner may from time to time make such 
 rules and 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. C.O.Y.T. c. 72, s. 22. 
 
Preservation of Game. Chapter 39. 381 
 
 36. Any person who kills any of the beasts or birds men- Meat to be 
 tioned in this Ordinance and does not use the meat thereof "f sold °°^ 
 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 
 m default of payment to imprisonment for a period not exceed- 
 ing three months. C.O.Y.T. c. 72, s. 24. 
 
 27. Every person who has in his possession without lawful Penalty for 
 excuse, during the close season, any beast, bird, or eggs, in^'^pofsfsTon. 
 Killed or taken during such close season, shall be liable on 
 nummary conviction to a penalty not exceeding $500 and in 
 
 default of payment to imprisonment for a period not exceeding 
 three months. No. 5, 1905, s. 2. 
 
 28. With the exception of section 3 hereof, this Ordinance Ordinance 
 shall not apply to Indians who are inhabitants of the Yukon to intSans' 
 Territory. C.O.Y.T. c. 24, s. 25. 
 
 29. No person shall be allowed to export from the Territory Exportation. 
 except as herein provided. No. 6 of 1908, s. 7. 
 
 30. No trophies shall be allowed to be exported until the same ^^tJJ,"" h'^i™ 
 have been declared to a game guardian with particulars as to ° ^°^ '^^' 
 when and where killed. No. 6 of 1908, s. 8. 
 
 31. It shall be the duty of game guardians to issue licenses Licenses and 
 and permits for the export of trophies under this Ordinance. fo^xpTort 
 No. 6 of 1908, s. 9. 
 
 32. The Commissioner may, by proclamation, set aside any Commis- 
 portion of the Territory from the operation of this Ordinance get"fJiS*^ 
 for such period of time as he desires in order to provide susten- portion of 
 ance for isolated camps, and when any locality is so set aside Territory 
 under this section, the Commissioner may license one or more tion'of'^'^^' 
 hunters to hunt for said district under such restrictions as he Ordinance, 
 deems necessary. No. 6 of 1908, s. 10. 
 
382 
 
 Chap. 40. 
 
 Health. 
 
 CHAP. 40. 
 An Ordinance respecting the Public Health. 
 
 SHORT TITLE. 
 
 Short title. 1. This Ordinance may be cited as The Yukon Health Ordin- 
 ance. C.O.Y.T. c. 9, s. 1. 
 
 Interpreta- 
 tion. 
 
 "Local 
 Board." 
 
 "Owner." 
 
 'House.' 
 
 "Street." 
 
 INTERPBETATION . 
 
 2. In this Ordinance, unless the context otherwise requires, 
 the expressions hereinafter mentioned shall have and include the 
 following meanings: 
 
 1. "Local Board" means the Board of Health for any 
 city or town; 
 
 2. "Owner" means the person for the time being 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 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, lane, 
 court, allev and passage, whether a thoroughfare or not. CO. 
 Y.T. c. 9, s. 2. 
 
 Commis- 
 
 msioner 
 
 may appoint 
 
 medical 
 
 Health 
 
 Officer. 
 
 Medical 
 Health 
 Officer 
 make regula- 
 tions. 
 
 Penalty. 
 
 MEDICAL HEALTH OFFICER. 
 
 3. The Commissioner of the Yukon Territory may appoint 
 one or more duly qualified medical practitioner or practitioners 
 to act as Medical Health Officer or Officers for the Yukon 
 Territory or any part thereof. No. 6, 1912, s. 1. 
 
 4. The Medical Health Officer with the approval of the Com- 
 missioner may from time to time make sanitary regulations for 
 the prevention of infectious and contagious diseases, for the relief 
 of persons suffering 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 regulations shall be pubhshed in the Yukon 
 Official Gazette, and the production of any copy of the Yukon 
 Official Gazette containing any such regulation shall be prima 
 facie evidence of the making, date and contents thereof. CO. 
 Y. T. c. 9, s. 4. 
 
Health. Chap. 40. 383 
 
 5. The Medical Health Officer may by such sanitary regula- May make 
 
 tions provide: regulations. 
 
 1 . For the frequent and effectual cleansing of the streets, yards for clearing 
 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; nuSancef 
 
 3. For cleansing, purifying, ventilating and disinfecting cleaning 
 houses, churches, buildings and places of assembly, railway houses, etc. 
 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 infectious preventing 
 disease, the entry or departure of boats or vessels running IS^e"^ 
 between points in the Yukon Territory at the different ports or 
 places in said Territory and the landing of passengers or cargoes 
 
 from such boats or vessels, or from railway carriages or cars or 
 scows, and receiving passengers or cargoes on board the same; 
 
 5. For the sale and speedy burial of the dead 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 medi- medicl?iid 
 cine and such other articles as are deemed necessary for regu- 
 lating any epidemic, endemic or contagious disease; 
 
 7. For preventing or mitigating such epidemic, endemic or §igjas"*'"^ 
 contagious disease in such other manner as to him seems ex- 
 pedient; 
 
 8. For the compulsory vaccination in the Yukon Territorv or compulsory 
 
 , , • , 1 I. • . . , - vaccination, 
 
 m any part or section thereof, or m any city or town; 
 
 9. For the expense of the vaccination of such persons as are j^nj^f'"^*'"^ 
 unable to pay therefor; '" '^^° ^ 
 
 10. For prescribing the periods of quarantine and the for- ^."'"s periods 
 
 1 r J- • r J.- of quarantine 
 
 mulae of disinfection; 
 
 11. For securing the enforcement of this Ordinance by local "^forcing 
 
 1 J r-i r\ ir m rv r ordinance by 
 
 boards. C.O.Y.T. c. 9, s. 5. local board 
 
 6. The Commissioner may declare any area or district or commis- 
 any steamboat, boat or vessel running between points in the ^^'y'^ 
 Yukon Territory in quarantine because of the existence therein or establish 
 thereon of any contagious or infectious disease, and may appoint quarantine. 
 any medical practitioner as health officer, and may appoint a sani- 
 tary inspector or sanitary inspectors for such district or steam- 
 boat during the continuance of such quarantine and may, subject 
 
 to the provisions of this Ordinance, prescribe their powers, duties 
 and remuneration. C.O.Y.T. c. 69, s. 6. 
 
 LOCAL BOARDS. 
 
 7. In every city or town the Council shall be the Board of Town 
 Health. C.O.Y.T. c. 9, s. 7. b°eTheiocal 
 
 board. 
 
 8. The Local Board shall have power to make, revoke, renew Powers of 
 and alter sanitary orders, rules and regulations, including those '""^^ board, 
 set out in the schedule hereto in so far as the same affect the 
 district over which said Local Board has jurisdiction, not in- 
 
384 
 
 Chap. 40. 
 
 Health. 
 
 May make 
 regulation for 
 
 preventing 
 disease 
 
 supplying 
 medical aid 
 
 domestic 
 quarantine 
 
 cleaning 
 dwellings 
 
 burial of 
 dead 
 
 cleaning 
 building by 
 owners 
 
 removing 
 nuisances 
 
 establishing 
 
 infectious 
 
 disease 
 
 hospital 
 
 appointing 
 
 sanitary 
 
 police 
 
 doing work at 
 the cost of 
 person 
 
 required to do 
 it 
 
 collection of 
 amount by 
 distress 
 
 Penalties. 
 
 consistent with any orders, rules or regulations of the Medical 
 Health Officer in relation to any of the following classes of sub- 
 jects, that is to say: 
 
 1. For the prevention or mitigation of any infectious epide- 
 mic, endemic or contagious disease prevalent in the city or 
 town, in such manner as is deemed expedient;' 
 
 2. For supplying accommodation, medical aid and medicines 
 and such other articles as are deemed necessary; 
 
 3. For domestic quarantine and for preventing the admission 
 of persons to, or the departure of persons from any infected 
 building, house or place within the city or town and for detaining 
 p^sons or things and closing up shops, dwelling houses and build- 
 ings that have been exposed to infection, for inspection and dis- 
 infection until the danger of infection is passed; 
 
 4. For the cleansing, purifying, ventilating and disinfecting 
 of dwellings, hotels, saloons, schools, churches, public buildings 
 and places of assembly, carriages, cars and boats, and conveyances 
 coming into or landing passengers in the city or town by the 
 owners, occupiers or agents or persons having charge of the 
 same; 
 
 5. For the reporting of all cases of disease and the safe and 
 speedy interment of the dead, and the conduct of funerals; 
 
 6. For the frequent and effectual cleansing of public and 
 private buildings, yards and outhouses, by the owners, occupiers, 
 tenants or agents of the same; 
 
 7. For the removal of nuisances or anything declared by the 
 Local Board to be detrimental to the public health; 
 
 8. For the establishment, management and maintenance of 
 an infectious disease hospital, the isolation of patients out of the 
 hospital and their removal to and detention in the same; 
 
 9. For the appointment of sanitary police, to be paid bv the 
 city or town for the purpose of carrying out and enforcing the 
 regulations and orders of the Local Board; 
 
 11. For the doing of any work, matter or thing at the cost 
 and expense of any person or corporation who has been ordered 
 or required by the Local Board to do the same and has neglected 
 or refused to do so, and for collecting and recovering the amount 
 so expended by distress and sale of goods or property of the 
 person or corporation so neglecting or refusing, or by action 
 at law or otherwise. 
 
 12. The Local Board may fix penalties for the violation of 
 any such sanitary orders, rules or regulations not exceeding 
 $100 and costs for any offence. C.O.Y.T. c. 9, s. 8. 
 
 SANITARY INSPECTORS. 
 
 Commis- 
 sioner 
 appoint 
 officers. 
 
 9. The Commissioner may appoint such other officers to be 
 known as sanitary inspectors as he deems necessary to assist 
 the Medical Health Officer in carrying out the provisions of this 
 Ordinance. Every sanitary inspector shall perform such duties 
 under this Ordinance, and the regulations made thereunder as 
 may from time to time be required by the Medical Health 
 Officer. C.O.Y.T. c. 9, s. 9. 
 
Health. Chap. 40. 385 
 
 lO. The Medical Health Officer and the sanitary inspectors Fix salaries. 
 shall be paid such salaries as may from time to time be fixed by 
 the Commissioner. C.O.Y.T. c. 9, s. 10. 
 
 POWERS OF MEDICAL HEALTH OFFICER. 
 
 11. The Medical Health Officer may, in the day time, as Powers of 
 often as he thinks necessary, enter into and upon any premises Heath* 
 and examine such premises. If upon such examination he Officer, 
 finds that the premises are in a filthy or unclean state, or that 
 any matter or thing is there which in his opinion may endanger 
 the public health, he may order the owner or occupant of the 
 premises to cleanse the same and to remove what is so found 
 there. C.O.Y.T. c. 9, s. 11. 
 
 13. The Medical Health Officer may also enter in and upon May enter 
 any house, outhouse or premises, in the day time, or into any car, p''^™'^^^- 
 steamboat, stage or other conveyance at any time, for the pur- 
 pose of making inquiry and examination with respect to the state 
 of health of any person therein; and may also cause any person 
 found therein infected with a dangerously contagious or infec- 
 tious disease to be removed to some hospital or other proper 
 place; but no such removal shall take place unless such person 
 can be removed without danger to life, and unless such removal 
 is necessary in order to guard against the spread of such disease 
 to th6 adjoining house or houses. C.O.Y.T. c. 9, s. 12. 
 
 13. In case the owner or occupant of any house or premises ^^'^.y «^il 
 neglects or refuses to obey the orders given by the Medical assistance.'^ 
 Health Officer,- such officer may call to his assistance all con- 
 stables and peace officers, and such other persons as he thinks fit, 
 
 and may enter into such dwelling or premises and cleanse the 
 same, and execute or cause to be executed therein the regu- 
 lations made under this Ordinance, and remove therefrom and 
 destroy whatsoever it is' necessary to remove or destroy for the 
 preservation of the public health. C.O.Y.T. c. 5, s. 13. 
 
 14. Where under the provisions of this Ordinance the Medical Owners have 
 Health Officer removes any dirt, filth, refuse or other thing g^hr '"^ *° a 
 which is likely to endanger the public health or to become or ^ ^^ 
 cause a nuisance or which is or is causing a nuisance, such dirt, 
 
 filth, refuse or other thing shall be subject to the disposition of 
 the Medical Health Officer, and the owner of such shall have no 
 claim in respect thereof. C.O.Y.T. c. 5, s. 14. 
 
 15. Whenever any physician knows that any person whom physician to 
 he is called upon to visit is infected with small-pox, scarlet fever, "^^'^ health 
 diphtheria, typhoid fever, bubonic plague or cholera, such phy- "nfectious 
 sician shall (subject in case of refusal or neglect to the penalties disease, 
 hereinafter provided) within twenty-four hours give notice there- 
 of to the Medical Health Officer. C.O.Y.T. c. 5, s. 15. 
 
 70263—25 
 
386 
 
 Chap. 40. 
 
 Health. 
 
 Medical 16. The Medical Health Officer within six hours after he 
 
 to put up " ^^^11 '^^y® received a notice of the existence of scarlet fever, 
 notice. diphtheria, small-pox, cholera or bubonic plague, in any house, 
 
 shall affix or cause to be affixed by the head of the household or 
 by some other person near the entrance of such house a card at 
 least twelve inches square stating that such disease exists in said 
 house. No person shall remove such card without the per- 
 mission of the Medical Health Officer. C.O.Y.T. c. 5, s. 16. 
 
 may inspect 
 food 
 
 Penalty. 
 
 Medical 17. Any Medical Health Officer or sanitary inspector may at 
 
 Sav^i^iSi^ff all reasonable times inspect any animal, carcass, meat, poultry, 
 game, flesh, fish, fruit, vegetables, grain, bread, flour, milk, or 
 other article of food exposed for sale or deposited in any place 
 for the purpose of sale, or for preparation for sale, and intended 
 for food for man, the proof that the same was not exposed or de- 
 posited for any such purpose, or was not intended for food for 
 man, resting with the party charged; and if any such animal, 
 carcass, meat, poultry, game, flesh, fish, fruit, vegetables, grain, 
 bread, flour, milk or other article of food appears to such Medical 
 Health Officer or inspector to be diseased, or unsound or unwhole- 
 some or unfit for food for man, he may seize and carry away the 
 same in order that he may cause it to be destroyed or so disposed 
 of as to prevent it from being exposed for sale or used for food 
 for man; 
 
 '2. The person to whom the same belongs, or did belong at 
 the time of exposure for sale, or in whose possession or on whose 
 premises the said food was found, shall be liable to a penalty not 
 exceeding $100 for every animal, carcass, or fish, or piece of meat, 
 flesh or fish, or any poultry or game or for the parcel of fruit, 
 vegetables, grain, bread, flour, or for the milk so condemned, or 
 for every other parcel or package of food; or at the discretion of 
 the convicting justice without the infliction of a fine to imprison- 
 ment for a term not exceeding three months. C.O.Y.T. c. 9, s. 
 17. 
 
 May call 18. Any Medical Health Officer or sanitary inspector may, 
 
 asaistanc '^'^ when obstructed in the performance of his duty, call to his 
 
 assistance any constable, or other person he thinks fit, and it 
 
 shall be the duty of every such constable or other person so 
 
 called upon to render, such assistance. C.O.Y.T. c. 9, s. 18. 
 
 May do thing 19. Whenever the Medical Health Officer has any authority 
 
 pers^ons"^^ to direct that any matter or thing should be done by any person 
 
 required. or corporation, he may also, in default of its being done, direct 
 
 that such matter or thing shall be done at the expense of the 
 
 person or corporation in default, and may recover the expense 
 
 thereof with costs by action or distress. C.O.Y.T. c. 9, s. 19. 
 
 H°^ithOffi ^^' ^^^^^ ^^y steamboat, boat or vessel is quarantined 
 
 in^quarantine ^^ ^ quarantine district is established a health officer or sanitary 
 district. inspector shall have power: 
 
 To prevent 1. To prevent the departure or removal of any person or 
 person's.'^^ °^ thing from said steamship, boat or vessel, or of persons or con- 
 veyances from or into any such locality. 
 
Health. Chap. 8©. 387 
 
 2. To detain persons or conveyances who or which have To detain 
 been exposed to infection or contagion for inspection; and con^eyancee. 
 may order the cleansing, purifying, and disinfecting thereof 
 and anything contained therein at the expense of the owner, 
 occupier, or the person having the care and control thereof, and 
 may order the detention for this purpose of any steamboat, rail- . 
 way carriage or car and any public conveyance and anything 
 contained therein and any person travelling thereby as long 
 as may be necessary to ensure that all danger of infection is 
 past. C.O.Y.T. c. 9, s. 20. 
 
 21. Every milk vendor shall permit all his milch cows and Inspection 
 cow byres and all dairies and other places in which milk is dairiMf'eto. 
 kept or sold for general use, to be inspected by the Medical 
 Health Officer or whoever he may desire to do so, and no vendor 
 
 of milk shall keep any milk intended for sale or which may be 
 afterwards sold or offered for sale in the Yukon Territory, 
 in any place where such milk is likely to become unwholesome 
 or liable to produce disease either by reason of adulteration, 
 contamination with sewage, absorption of disease germs, infec- 
 tion of cows, uncleanliness or any other recognized cause, or 
 in any place condemned by the Medical Health Officer. No. 5, 
 1907, s. 1. 
 
 22. The Medical Health Officer may destroy any cow affected M^y destroy 
 with any infectious or contagious disease. No. 5, 1907, s. 1. cows.^^ 
 
 23. The Medical Health Officer or sanitary inspector may Nuisance 
 establish a nuisance ground within the immediate vicinity of P°^^^^^^ 
 any town or village in the Territory, within which all garbage lished by 
 and refuse shall be deposited in accordance with regulations ^^^^^ 
 made by the Medical Health Officer. No. 2, 1908, s. 1. ^^''"■ 
 
 24. The Medical Health Officer or sanitary inspector may Nuisance 
 change any nuisance ground from time to time as occasion b^°"^„™e^ 
 may require. No. 2, 1908, s. 1. 
 
 APPOINTMENT OF LOCAL HEALTH OFFICER. 
 
 25. Every city or town may appoint a health officer, and, city may 
 subject to the provisions of this Ordinance, may prescribe g'P°j'.'i* '"""^ 
 his powers, duties, and remuneration, and the clerk of the officer, 
 council of such city or town shall file a notice of such appointment 
 
 with the Commissioner within fourteen days thereafter. 
 C.O.Y.T. c. 9, s. 21. 
 
 26. Every health officer of a city or town shall before the Health 
 third day of every month report to the Commissioner in the P^^jg^^ 
 form A in the schedule to this Ordinance, the number of cases ° ^^^^ ' 
 of contagious or infectious disease and of typhoid fever arising 
 within the limits of such city or town during the preceding 
 month. C.O.Y.T. c. 9, s. 22. 
 
 79263—25^ 
 
388 
 
 Chap. 40. 
 
 Health. 
 
 May compel 
 removal of 
 inhabitant. 
 
 27. Whenever a disease of a fatal or malignant character 
 IS discovered to exist in any house and such house is situated 
 in an unhealthy or crowded place or is in a filthy or neglected 
 state or is inhabited by too many persons, the health officer 
 having jurisdiction in the place in which it is situate may 
 compel the inhabitants of such house to remove therefrom and 
 may place them in some more healthful situation under good 
 shelter until measures can be taken for the immediate cleansing, 
 ventilation, purification or disinfection of such house. C.O.Y.T. 
 c. 9, s. 23. 
 
 PBECAUTIONS AGAINST CONTAGION. 
 
 Penalty for 
 refusing to 
 cause disin- 
 fection. 
 
 Allowing 
 •"-^rson to 
 enter 
 infected 
 house. 
 
 Entering 
 
 quarantine 
 
 district 
 
 without 
 
 permission. 
 
 Physician 
 for not 
 disinfecting 
 clothes. 
 
 Nurse not 
 disinfecting. 
 
 Owner 
 offering 
 house not 
 disinfected. 
 
 Allowing 
 child in 
 infected 
 holise to 
 attend 
 school. 
 
 28. Any person who — 
 
 1. Having reason to believe that he or any person over whom 
 he has control whether as parent, guardian or master, or captain 
 of a steamboat; or that anything within his possession has 
 become infected and who does or causes or permits to be done 
 any act whereby any other person is or may become exposed 
 to infection, or who refuses or neglects to cause such disinfection 
 of any such person or thing as is herein prescribed; or who, 
 
 2. Being occupant of any infected house causes or permits to 
 enter therein any person who is not a medical practitioner or 
 other necessary attendant on the sick or a person acting under 
 instructions from any health officer; or who, 
 
 3. Not being an inmate of any infected house or a resident of 
 any quarantined steamboat or district or a medical practitioner 
 or other necessary attendant on the sick, or a person acting 
 under instructions from any health officer, knowingly enters 
 any infected house or steamboat; or who, 
 
 4. Being a physician in attendance on any infected person 
 fails to take such precautions as to disinfection of his person 
 and clothing as are prescribed by the Medical Health Officer; 
 or who, 
 
 5. Being a nurse or other person charged with the care or 
 nursing of any infected person or of any person ill of typhoid 
 fever refuses or neglects to take such measures respecting the 
 disinfection and disposal of the discharges from any such 
 person as are prescribed by the Medical Health Officer; or who, 
 
 6. Being owner or tenant of any infected house either bj him- 
 self or his agent knowingly offers for sale or hire such house 
 or any part thereof without first causing it to be disinfected 
 as prescribed by the Medical Health Officer, and for the pur- 
 poses of this section a house shall be deemed to be let for hire 
 to any part of which any person is admitted as a boarder or 
 lodger; or who, 
 
 7. Being the parent or guardian of any pupil in attendance 
 at any school residing in any house which has become infected, 
 or the proprietor of any house which has become infected at 
 which any child is boarded or lodged, thereafter allows such 
 pupil to attend any school without first delivering to the teacher 
 of such school a medical practitioner's certificate certifying to 
 the fact that the disinfection prescribed by the Medical Health 
 
HeaUh. Chap. 40. 389 
 
 Officer has been done under his direction both as to the person 
 and clothing of the child and the house at which it is boarded 
 or lodged, shall be guilty of an offence and liable on summary 
 conviction thereof to a penalty not exceeding $50 and costs; 
 
 Provided that any healthy adult inmate of any house infected Proviso, 
 with measles or scarlet fever may under the direction of a medical 
 practitioner be disinfected as to his person and clothing as 
 prescribed by the Medical Health Officer and thereupon be al- 
 lowed to change his place of abode; and, 
 
 Provided that any inmate of any infected house may do what- 
 ever is necessary to procure medical or other aid in any emer- 
 gency. 
 
 (2.) The medical practitioner in attendance or any health Medical 
 officer may order the removal of any infected person or thing to officer 
 any hospital, pest house or any isolated building or tent provided ^trent'""^" 
 for the purpose. C.O.Y.T. c. 9, s. 24. 
 
 29. Any person who knowingly, without permission from Penalty, 
 the Medical Health Officer or a local board in the place to which 
 
 such person is brought, 
 
 1. Brings into the Territory any person ill of any infectious or Por bringing 
 contagious disease, dangerous to the public health, or HftoTe^rrit™"! 
 
 2. Lands in any part of the Territory any person so ill from any Landing 
 vessel or ship, shall be liable to a penalty of not less than one vessel in 
 hundred or more than four hundred dollars. C.O.Y.T. c. 9, ^X*"'^ 
 
 S. 25. infected 
 
 person. 
 
 30. When any person becomes sick of small-pox, malignant Owner to put 
 cholera, diphtheria, typhoid fever, scarlet fever or any infectious Sfectious ° 
 disease, in any house, vessel or other place, in the Territory, the disease, 
 proprietor or other person in charge or possession of such house, 
 
 vessel or place, shall display in some conspicuous place thereon a 
 yellow flag or a placard, not less than twelve inches square, and 
 shall keep the same displayed during the prevalence of any such 
 infectious disease. C.O.Y.T. c. 9, s. 30. 
 
 31. Any medical practitioner attending any person ill of Medical 
 typhoid fever not within the limits of any city or town shall practitioner 
 inspect the premises where such person resides and if he should premises* 
 have reason to believe that the water supply thereof has become where infected 
 contaminated by reason of any cesspool or privy pit being ad- regf|"g 
 jacent thereto he shall forthwith notify the owner or occupant 
 
 of such premises to cause immediate removal of the contents 
 thereof, and the subsequent disinfection and filling up with 
 earth of such cesspool or privy pit. 
 
 2 Any medical practitioner refusing or neglecting to comply penalty, 
 with the provisions of this section shall be guilty of an offence 
 and liable on summary conviction thereof to a penalty not ex- 
 ceeding $10 and costs. 
 
 3. Any person refusing or neglecting to obey any order or Penalty for 
 notice given pursuant to the provisions of this section shall be °be'^°o^^r*° 
 guilty of an offence and liable on summary conviction thereof ° ^^ ""^ * • 
 to a penalty not exceeding $10 and costs. C.O.Y.T. c. 9, s. 27. 
 
i^} 
 
 Chap. 40. 
 
 Health. 
 
 Penalty. 
 
 Penalty for 
 
 continued 
 
 offence. 
 
 PENALTIES. 
 
 32. Any person who violates any provision of this Ordinance 
 or any regulation made by the Medical Health Officer there- 
 under, shall be liable for every such offence to a penalty not ex- 
 ceeding $100 and costs. 
 
 2. Where any person has been convicted of an offence under 
 thia Ordinance, or under any regulation of- the Medical Health 
 Officer in force thereunder, and such offence is in the nature of 
 an omission or neglect, or is in respect of the existence of a 
 nuisance or other unsanitary condition, which it is such person's 
 duty to remove, or is in respect to the erection or construction of 
 anything contrary to the provisions of this Ordinance, or of any 
 regulation of the Medical Health Officer in force thereunder, then 
 in case the proper authority in that behalf gives reasonable notice 
 to such person to make good such omission or neglect or to re- 
 move such nuisance or unsanitary condition, or to remove 
 the thing which has been erected or constructed contrary 
 to this Ordinance or to its regulations, and default is made in 
 respect thereof, the person offending may be convicted for such 
 default, and shall be liable to the punishment as was, or might 
 have been imposed for the original offence, and so on from time 
 to time as often as after another conviction a new notice is 
 given and the default continues; and in the case of a third or 
 subsequent conviction, it shall not be necessary in the in- 
 formation, conviction or other proceedings to make any refer- 
 ence to any conviction except the first, or to any notice except 
 that in respect of which the proceedings are then being taken. 
 C.O.Y.T. c. 9, s. 28. 
 
 Penalty for 33, Any person defacing, destroying or removing any notice 
 
 notice*.^'"^ provided for by this Ordinance before the disinfection herein 
 
 provided for has been done shall be guilty of an offence and be 
 
 liable on conviction thereof to a fine not exceeding $10 and 
 
 costs. C.O.Y.T. c. 9, s. 29. 
 
 Penalty for 34, Any person who neglects or refuses to obey any order 
 
 obey order of given to him by a health officer, medical practitioner or sanitary 
 
 health officer, inspector in pursuance of the provisions of this Ordinance shall 
 
 be guilty of an offence and on summary conviction thereof be 
 
 liable to a penalty not exceeding $100 with costs. C.O.Y.T. c. 9, 
 
 s. 30. 
 
 Penalty for 35. Whoever assaults, obstructs, molests or hinders any 
 health-officer, health officer, constable or other person in the execution of any 
 duty or exercise of any power conferred upon him by this Ordin- 
 ance shall be guilty of an offence and liable on summary con- 
 viction thereof to a penalty not exceeding $25 and costs. CO. 
 Y.T. c. 9, s. 31. 
 
 EXPENDITURE UNDER ORDINANCE. 
 
 Payment out 36. The Commissioner may order the payment of any fee, 
 revCTiue!^ allowance or other remuneration for services rendered or sup- 
 
Health. Chap. 40. 391 
 
 plies furnished under the provisions of this Ordinance out of the 
 general revenue fund. C.O.Y.T. c. 9, s. 32. 
 
 3^. Where the necessity and urgency for so doing is estab- Payment for 
 lished to the satisfaction of the Commissioner by reason of the "rglnf^^ ^""^ 
 inability of any person or the friends of any person who may be expenditure, 
 suffering from any infectious or contagious disease to provide 
 for such person the medical aid, accommodation, and such other 
 services or articles necessary 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. CO. 
 Y.T. c. 9, s. 33. 
 
 DISEASE OUTSIDE THE TERRITORY. 
 
 38. When any part of the Territory becomes exposed to Ingress from 
 any contagious, infectious or epidemic disease then existing in any fg^g^g^ 
 place outside the Territory, the Commissioner may declare that may be 
 such disease exists in such place as aforesaid and proscribe all in- proscribed. 
 gress to the Territory therefrom for a period to be named in such 
 
 order. C.O.Y.T. c. 9, s. 34. 
 
 GENERAL. 
 
 39. The regulations set forth in the schedule to this Ordin- Regulations 
 ance 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 ob- 
 servance. C.O.Y.T. c. 9, s. 35. 
 
 SCHEDULE. 
 
 1. No person shall suffer the accumulation upon his premises, Not to 
 or'deposit, or permit the deposit, upon any lot belonging to him, ^efu^sT"'^** 
 of arjrthing which may endanger the public health, or deposit on premises. 
 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 animal, Not to offer 
 or any meat, fruit, fish, vegetables, milk or other article of food animal for 
 whijh, by reason of disease, adulteration, impurity or any other sale. 
 cause, is unfit for use. 
 
 3. AH privies, privy vaults and cesspools shall be regularly Privies to be 
 emptied by the occupant of the premises whereon they are regularly, 
 situated, at least once a week during the period from June 1 to 
 October 1. 
 
 4. All putrid and decaying animal or vegetable matter shall be ^"*'l''^ 
 removed from all cellars, buildings or out-buildings and yards ^^e^"^ 
 on or before the 1st day of May in each year. removed. 
 
 5. Every householder and every hotel and restaurant keeper Garbage to 
 or other person shall dispose of all garbage for the disposal of <jf ^^^^^ 
 
392 
 
 Chap. 40. 
 
 Health. 
 
 Hogs to be 
 kept in pens. 
 
 Livery 
 stables 
 to be kept 
 clean. 
 
 Animal 
 infected 
 with 
 
 contagious 
 disease not to 
 be exported. 
 
 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 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 his 
 stable and yard clean, and shall not permit between the 15th day 
 of May and the 1st day of November, more tham 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 
 disease shall be brought or kept within any district. C.O.Y.T. 
 c. 9. 
 
 FORM A,— SECTION 26. 
 
 REPORT OF CONTAGIOUS AND INFECTIOUS DISEASES. 
 Attended by Dr of during the month of A.D. 19. 
 
 Name of Patient. 
 
 Age. 
 
 Sex. 
 
 Residence. 
 
 Disease. 
 
 Remarks. 
 
 Dated at 
 
 this 
 
 day of 
 
 A.D. 19 
 
 M.D. 
 
Traffic on Highways. Chap. 4:1. 393 
 
 CHAP. 41. 
 
 An Ordinance for the better Regulation of traffic on 
 
 Highways. 
 
 SHORT TITLE. 
 
 1. This Ord nance may be cited as The Highway Traffic Short Title. 
 Ordinance. 
 
 3. The expression "highway" means and includes all public Interpretation 
 wagon roads, streets, lanes and bridges not within the limits "Highway." 
 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. C.O.Y.T. c. 14, s. 1. 
 
 3. If a person travelling or being upon a highway in charge Vehicles 
 of a motor vehicle or of a vehicle drawn by one or more horses, ?^^^*"^.^° 
 or one or more other animals, meets another motor vehicle right. 
 
 or a 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. 12, 1914, s. 1. 
 
 4. If a person travelling or being upon a highway, in charge Vehicles 
 of a motor vehicle or of a vehicle drawn as aforesaid, or on horse- T^^^^t^ 
 back, is overtaken by any other vehicle or horseman travelling the right, 
 at a greater speed, the person so overtaken shall turn out to the 
 
 right and allow the said vehicle or horseman to pass. No. 12, 
 1914, s. 1. 
 
 5. If a person traveUing upon a highway, in charge of a Vehicle 
 motor vehicle or of a vehicle drawn as aforesaid or upon horse- °^^t^^^t^ 
 back, overtakes any other vehicle or horseman, it shall be the turn to 
 duty of such person to turn out to the left in passing such t^ie left. 
 vehicle or horseman, and if he finds it impracticable to turn 
 
 out as aforesaid, he shall regulate the speed of his vehicle or 
 horse so as to allow the overtaken vehicle or horseman to 
 precede him to some point on the highway where such turning 
 out to the left and a passing can safely be effected. No. 12, 
 1914, s. 1. 
 
 6. If one vehicle is met or overtaken by another and by if vehicle 
 reason of the extreme weight of the load on either of the vehicles requ°red'must 
 so meeting, or the vehicle so overtaken, the driver finds it stop while 
 impracticable to turn out as aforesaid, he shall immediately °^^^^ passes, 
 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. C.O.Y.T. c. 14, s. 5. 
 
394 
 
 Chap. 41. 
 
 Traffic on Highways. 
 
 Where road 
 runs along a 
 bluS motor 
 vehicles to 
 turn to the 
 outside 
 allowing 
 other 
 vehicle to 
 pass on 
 the inside. 
 
 Width of 
 sleigh. 
 
 Width of 
 
 tires. 
 
 Onus of 
 proof. 
 
 Width of 
 felloe. 
 
 T. A person travelling or being upon a highway, in charge 
 of a motor vehicle, on meeting a vehicle drawn by one or more 
 horses, at a point where the road is built along a bluff, embank- 
 ment or hillside with a wall or steep ascent on the inside of 
 said road and a drop or steep declivity on the outside of said 
 road, shall turn out to the outside of said road to pass the vehicle 
 drawn by one or more horses and the person in charge of the 
 vehicle drawn by one or more horses shall turn out to the inside 
 of said road arid shall pass between said motor vehicle and the 
 wall or bluff on the inside of said road. No. 12, 1914, s. 2. 
 
 8. It shall be unlawful for any person or company freighting 
 or operating stages between Dawson and Whitehorse or White- 
 horse and Dawson during the winter season over the highway 
 between the said two places to use any sled or stage which has 
 a width of less than fifty-six inches from the centre of one 
 runner to the centre of the other runner. No. 12, 1914, s. 3. 
 
 9. It shall be unlawful for any wagon or vehicle carrying 
 a load of freight of two tons avoirdupois to be drawn or driven 
 on any of the public highways of the Territory unless the tires 
 of such wagon or vehicle are at least two inches in width, or to 
 carry a load of freight of more than three tons avoirdupois, unless 
 the tires of such wagon or vehicle are at least three inches in 
 width; or to carry a load of freight of more than four tons 
 avoirdupois along such highways unless the tires of such wagon 
 or vehicle are at least four inches in width. No. 2, 1903, s. 1. 
 
 1©. It shall be sufficient prima facie evidence that any wagon 
 or vehicle has, carried too large a load, contrary to the provisions 
 of this Ordinance, for any crediblie 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 
 Ordinance, carried too large a load, and upon such evidence 
 being given the onus shall be cast upon the party charged of 
 disproving that the load was too large. No. 2, 1903, s. 2. 
 
 11. The felloe of every wheel of every wagon or vehicle 
 shall be of equal width with the tii e of such wagon or vehicle. 
 No. 2, 1903, s. 3. 
 
 water°from'^ ^^: ^° Person shall allow any water to run on, over or across 
 sluice box to ^ny highway from any flume, ditch or sluice box owned or used 
 run across by him unless he conducts the same across said highway by an 
 overhead flume at a sufficient height not to interfere with 
 traflac, or under said road by a culvert, approved of by the 
 Superintendent of Works. C.O.Y.T. c. 14, s. 9. 
 
 highway. 
 
 No one to fill 
 up ditch. 
 
 13. No person shall fill up any ditch alongside a highway, 
 and if any person requires to cross a ditch, he shall build a 
 bridge across the same. C.O.Y.T. c. 14, s. 10. 
 
 dLm*tithout ■*■*• ^° person shall build a dam across any creek running 
 waste gate, near a highway without putting a waste gate in the same so as to 
 
Traffic on Highways. Chap. 41. 395 
 
 prevent the water of the creek from flooding the highway. 
 C.O.Y.T. c. 14, s. 11. 
 
 15. Any person who contravenes or permits the contra- Persons 
 vention of any of the provisions of this Ordinance shall be to be gutuy^f 
 deemed guilty of an offence against this Ordinance. C.O.Y.T. offence. 
 
 c. 14, s. 12. 
 
 16. The following acts, practices, matters and things shall ^^g^* ^^ 
 be deemed to be offences against this Ordinance, viz: offences. 
 
 1. Leaving or keeping a wagon standing upon any highway 
 without leaving a space of eight feet clear on one side of the 
 road. 
 
 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, whether by day or night. C.O.Y.T. c. 14, s. 13. 
 
 IT. Upon being satisfied by information upon oath made Power of 
 before him that there exists any practice, matter or thing ^^^H^ "' *^® 
 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 necessary 
 to comply with the provisions of this Ordinance, and may entrust 
 the execution of such warrant to any constable or other person, 
 and the person or persons causing the offence aforesaid shall 
 upon summary conviction thereof, be liable to pay, in addition 
 to any other penalty by this Ordinance imposed for such offence, 
 all costs and expenses incurred in and about the removal of the 
 cause of the offence, or to comply with the provisions of this 
 Ordinance as aforesaid, to be recoverable in manner provided 
 for the recovery of penalties. C.O.Y.T. c. 14, s. 14. 
 
 18. Any person guilty o_f an offence against this Ordinance Penalty. 
 shall, upon summary conviction thereof before a Justice of the 
 Peace, be liable to a penalty not exceeding $500, and in 
 default of immediate payment to imprisonment for a period 
 not exceeding three months. C.O.Y.T. c. 14, s. 15. 
 
396 Chap. 43. Hire Receipts and Conditional Sales. 
 
 CHAP. 42. 
 
 An Ordinance respecting Hire Receipts and Condi- 
 tional Sales of Goods. 
 
 Conditional 1. Whenever on a sale or bailment of goods of the value 
 Mods"' °^ ^•'■^ '^^ °"^^^ ^* ^^ agreed, provided or conditioned that the 
 
 right of property or right of possession in whole or in part shall 
 remain in the seller or bailor notwithstanding that the actual 
 possession of the goods passes to the buyer or bailee the seller 
 or bailor shall not be permitted to set up any such right of 
 property or right of possession as against any purchaser or 
 mortgagee of or from the buyer or bailee of such goods in good 
 faith for valuable consideration or as against judgments, 
 executions or attachments against the purchaser or bailee 
 unless such sale or bailment with such agreement, proviso or 
 condition is in writing signed by the bailee or his agent and 
 registered as hereinafter provided. Such writing shall contain 
 such a description of the goods the subject of the bailment that 
 the same may be readily and easily known and distinguished: 
 Proviso. Provided that nothing in this section shall apply to any 
 
 bailment where it is not intended that the property in the 
 goods shall eventually pass to the bailee on payment of purchase 
 money in whole or in part or the performance of some condition 
 by the bailee. C.O.Y.T. c. 40, S. 1. 
 
 Registration. g. guch writing Or a true copy thereof shall be registered 
 in the office of the registration clerk for chattel mortgages 
 in the registration district within which the buyer or bailee 
 resides within 30 days of such sale or bailment and also in the 
 registration district in which the goods are delivered or to which 
 they may be removed within 30 days of such delivery or removal 
 verified by the affidavit of the seller or bailor or his agent, 
 stating that the writing (or copy) truly sets forth the agreement 
 between the parties, and that the agreement therein set forth 
 is bona fide and not to protect the goods in question against 
 the creditors of the buyer or bailee as the case may be. C. 0. 
 Y.T. c. 40, s. 2. 
 
 Renewal of 3, The Seller or bailor, his executors, administrators or 
 registration, assigns Or his or thsir agent shall within 30 days next preceding 
 the expiration of two years from the date of such registration 
 file with such registration clerk a renewal statement verified by 
 afiidavit showing the amount still due to him for principal and 
 interest if any and of all payments made on account thereof and 
 whether or to what extent the condition if any of the bailment is 
 still unperformed and thereafter from year to year a similar 
 statement similarly verified within 30 days next preceding the 
 expiration of the year from the filing of the last renewal statement 
 
Hire Receipts and Conditional Sales. Chap. 41. 397 
 
 and in default of such fiUng the seller or bailor shall not be 
 permitted to set up any right of property or right of possession 
 in the said goods as against the creditors of the buyer or bailee 
 or any purchaser or mortgagee of or from the buyer or bailee in 
 good faith for valuable consideration. C.O.Y.T. c. 40, s. 3. 
 
 4. Any seller or bailor or agent of such seller or bailor making Penalty for 
 any false statement in such renewal statement shall be guilty statement 
 of an offence and liable on summary conviction thereof to a fine ^™^" ' 
 not exceeding $100. C.O.Y.T. c. 40, s. 4. 
 
 5. Any such seller or bailor shall be bound by any statement Seller bound 
 made by him or his agent in such renewal statement and the m'^deln^'"^"* 
 goods shall be liable to redemption and the seller or bailor to be renewal, 
 divested of his property and right of possession if any in the 
 
 goods upon payment of the amount actually due and owing in 
 respect thereof or upon performance of the condition of the 
 bailment by the buyer, bailee or any person claiming by, through 
 or under the buyer or bailee. C.O.Y.T. c. 40, s. 5. 
 
 6. The seller qr bailor shall upon payment or tender of the Memorandum 
 amount due in respect of such goods or performance of the °( seiier^°*'°" 
 conditions of the bailment sign and deliver to any person demand- 
 ing it a memorandum in writing stating that his claims against 
 
 the goods are satisfied, and such memorandum shall thereupon 
 operate to divest the seller or bailor of any further interest or 
 right of possession if any in the said goo'ds. Any such memor- 
 andum if accompanied by an affidavit of execution of an attesting 
 witness may be registered. C.O.Y.T. c. 40, s. 6. 
 
 7. In case the seller or bailor shall retake possession of the Retaking 
 goods he shall retain the same in his possession for at least 20 poss^ss^o'i- 
 days and the buyer, bailee or any one claiming by or through 
 
 or under the buyer or bailee may redeem the same upon payment 
 of the amount actually due thereon and the actual necessary 
 expenses of taking possession. C.O.Y.T. c. 40, s. 7. 
 
 8. The goods or chattels shall not be sold without five days' fo^ce^o^^g^ig 
 notice of the intended sale being first given to the buyer or to be^given^ ^ 
 bailee or his successor in interest. The notice may be personally 
 
 served or may in the absence of such buyer, bailee or his successor 
 in interest be left at his residence or last place of abode, or may 
 be sent by registered letter deposited in the post office at least 
 seven days before the time when the said five days will elapse 
 addressed to the buyer or bailee or his successor in interest at 
 his last known post office address in Canada. The said five 
 days or seven days may be part of the 20 days mentioned in 
 section 7 hereof. C.O.Y.T. c. 40, s. 8. 
 
 9. Copies of any instrument filed under this Ordinance Copies of 
 certified by the registration clerk shall be received as prima be*evSence.° 
 facie evidence for all purposes as if the original instrument were 
 produced and also as prima facie evidence of the execution of 
 
398 Chap. 42. Hire Receipts and Conditional Sales. 
 
 the original instrument according to the purport of such copy. 
 And the clerk's certificate shall also be prima facie evidence of 
 the date and hour of registration or filing. C.O.Y.T. c. 40, s. 9. 
 
 Registration 10. The registration clerk shall be entitled to charge a fee 
 
 ^*^' of $2 for each registration including certificate of same on 
 
 registration, 50 cents for each search, 20 cents per 100 words 
 
 for copies of documents and 50 cents for each certificate. CO. 
 
 Y.T. c. 40, s. 10. 
 
Hospitals. Chap. 43. 399 
 
 CHAP. 43. 
 An Ordinance to regulate Public Aid to Hospitals. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Hospitals Ordinance. Short title 
 C.O.Y.T. c. 10, s. 1. 
 
 INTERPRETATION. 
 
 2. In this Ordinance, unless the context otherwise requires — interpretation. 
 
 1. The expression "free patient" means every person admitted "Free 
 to a hospital for actual treatment and stay by or for whom or on patient." 
 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 "Partially 
 person admitted to a hospital for actual treatment and stay patient " 
 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. CO. 
 
 Y.T. c. 10, s. 2. 
 
 GRANTS IN AID OF HOSPITALS. 
 
 3. Aid from the general revenue fund of the Territory may Hospitals 
 be given to hospitals named in the schedule to this Ordinance which may 
 upon the terms and under the provisions of this Ordinance. ^^ aided. 
 C.O.Y.T. c. 10, s. 3. 
 
 4. In case of public moneys being appropriated for the Grants 
 purposes of this Ordinance by the Commissioner in Council from 
 every such hospital complying with the requirements of this Moneys. 
 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 additional 
 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 additional 
 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. 
 C.O.Y.T. c. 10, s. 4. 
 
 5. If in any year the aggregate aid payable under this Ordin- When 
 ance shall exceed the amount of money so appropiated then every fnsuffiMCTit."" 
 
400 
 
 Chap. 43. 
 
 Hospitals. 
 
 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. C.O.Y.T. c. 10, s. 5. 
 
 When and 
 how returns 
 to be made. 
 
 Quarterly 
 reports to 
 be delivered. 
 
 RETURNS. 
 
 G. The Commissioner may from time to time fix and direct 
 the particulars to be contained in and the form, manner and 
 time of making returns and shall fix and direct the form and 
 manner of the oath, affirmation or declaration required for the 
 verification of any such return and the person or persons by whom 
 such oath shall be made. C.O.Y.T. c. 10, s. 6. 
 
 2. All hospitals receiving aid under this Ordinance shall 
 deliver quarterly reports to che Commissioner on the first day of 
 January, April, July and October in each year. Each report 
 shall contain an itemized account of all receipts from whatever 
 sources and expenditures with respect to the maintenance of the 
 hospital during the previous three months. No. 13, 1907, s. 1. 
 
 Inspection 
 of hospitals. 
 
 INSPECTION OF HOSPITALS. 
 
 T. The Commissioner may from time to time appoint an 
 inspector or inspectors to visit and inspect every such hospital 
 and make all proper inquiries as to the maintenance, manage- 
 ment and affairs thereof; and by examination of the registers 
 and by such other means as he or they deem necessary all and 
 every such inspector or inspectors 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. C.O.Y.T. c. 10, s. 7. 
 
 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 Com- 
 missioner shall on summary conviction incur a penalty of $500. 
 C.O.Y.T. c. 10, s. 8. 
 
 Extension of 
 aid to other 
 hospitals. 
 
 EXTENSION TO OTHER HOSPITALS. 
 
 O. The Commissioner may by order direct that any institu- 
 tion similar to those named in the schedule hereto shall be there- 
 after 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. C.O.Y.T. c. 10, s. 9. 
 
 SCHEDULE. 
 
 The Good Samaritan Hospital, Dawson. 
 St. Mary's Hospital, Dawson. 
 
Hotel Keepers Chap. 44. 401 
 
 CHAP. 44. 
 
 An Ordinance respecting Hotel and Boarding 
 House Keepers. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited a,s The iJoteifceepers' Ordin- Short title. 
 ance. C.O.Y.T. c. 51, s. 1. 
 
 LIEN OF HOTEL OR BOARDING HOUSE KEEPER. 
 
 2. Any hotel, boarding or lodging house keeper may seize detention and 
 and detain in his hotel, house, or on his premises, and before sale of goods 
 the same shall have been removed 'therefrom, the trunks and ?^j'?'i^j'^ 
 personal property of any person who is indebted to him for board,\tc." 
 board and lodging and shall be responsible for the safe keeping 
 
 of the same; and in addition to all remedies provided 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 amount 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 entitled thereto" on application being Disposition 
 made by him therefor; and in case application therefor is not °' surplus, 
 forthwith made he shall immediately pay the same to the Terri- 
 torial 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. C.O.Y.T. c. 51, s. 2. 
 
 3. No hotel, boarding or lodging house keeper shall have N° ''en fo^ 
 a right to detain the trunks or personal property of any one, "*"°"- 
 or to have a lien thereon, for wines or spirituous or fermented 
 liquors supplied to him or to any one else by his order. CO. 
 
 Y.T. c. 51, s. 3. 
 
 LIABILITY OF HOTEL KEEPER. 
 
 4. No hotel keeper shall be liable to make good to any guest Limitation of 
 of such hotel keeper any loss of or injury to goods or property Jjotelkfep" r in 
 brought to his hotel (not being a horse or other live animal or certain cases. 
 any gear appertaining thereto or any carriage), to a greater 
 
 amount than $200, except in the following cases, that is to say : 
 70263—26 
 
402 
 
 Chap. 44. 
 
 Hotel Keepers. 
 
 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 de- 
 positing the same. C.O.Y.T. c. 51, s. 4. 
 
 Refusal of 5. If any hotel keeper shall refuse to receive for safe custody 
 
 to rec^v^e^"^ as before mentioned any goods or property of his guest, or if any 
 goods into such gucst shall through any default of the hotel keeper be unable 
 safe custody, ^q 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. C.O.Y.T. c. 51, s. 5. 
 
 ORDINANCE TO BE POSTED. 
 
 This 6. Every hotel keeper shall cause to be kept conspicuously 
 
 beljMtTd *° posted in the office and public rooms in his hotel a copy of this 
 in hotels. Ordinance printed or plainly written, and he shall be entitled 
 to the benefits of this Ordinance in respect of such goods or pro- 
 perty only as shall be brought to his hotel while such copy shall 
 be so posted as aforesaid. C.O.Y.T. c. 51, s. 6. 
 
Inquiries, Public Matters. Chap. 45. 403 
 
 CHAP. 45. 
 
 An Ordinance respecting Commissioners to make 
 Inquiries concerning Public Matters. 
 
 1. The Commissioner of the Yukon Territory may, when he Commis- 
 deems it expedient to cause inquiry to be made into and con- ml^'appoint 
 cerning any matter within the jurisdiction of the Council of the commis- 
 said Yukon Territory, appoint commissioners to make such sioners 
 inquiry and report thereon. C.O.Y.T. c. 11, s. 1. into"pubi?c 
 
 matters. 
 
 2. He may, by the commission by which he appoints them, He may 
 confer upon the commissioners the power of summoning wit- ^^^sJ 
 nesses before them and to require such witnesses to give evidence sioners 
 
 on oath, orally or in writing, or on solemn affirmation if they are to summon 
 persons entitled to affirm in civil matters, and to produce such witnesses on 
 documents and things as the commissioners may deem requisite oath, 
 to the full investigation of the matters into which they are 
 appointed to inquire; and the commissioners shall have the same 
 power to ejiforce the attendance of witnesses, and to compel 
 them to give evidence, as is vested in any court of record in 
 civil cases. C.O.Y.T. c. 11, s. 2. 
 
404 
 
 Chap. 46. 
 
 Insane Persons. 
 
 CHAP. 46. 
 An Ordinance respecting Insane Persons. 
 
 Issue of 
 warrant on 
 information 
 before J. P. 
 
 1. When an information is laid before a justice of the peace 
 that any person is or is suspected and believed to be insane 
 such justice may issue his warrant in form A in the schedule 
 hereto to apprehend such person and cause him to be brought 
 before him or some other justice of the peace. C.O.Y.T. c. 77, 
 s. 1. 
 
 Evidence to 
 be taken. 
 
 Committal 
 of insane. 
 
 Public Ad- 
 ministrator 
 to be 
 guardian. 
 
 Estate of 
 insane per- 
 sons to be 
 liable for 
 maintenance. 
 
 2. Upon the person charged as aforesaid being brought 
 before such justice the said justice shall proceed to hear such 
 evidence under oath as may be adduced with reference — 
 
 (a) To the alleged insanity 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; 
 
 (6) 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. C.O.Y T. c. 77, s. 2. 
 
 3. If, after hearing the evidence adduced, the justice of the 
 peace is satisfied that the person so brought before him is 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 infor- 
 mation and evidence taken, to the Public Administrator, who 
 shall have power, if he sees fit, to order further inquiries to be 
 made; and who shall, unless otherwise ordered by the Territorial 
 Court of the Yukon Territory, be guardian of the estate and 
 effects of such person, with full power to deal with the same 
 during the insanity of the person so declared or adjudged to be 
 insane. 
 
 2. The estate and effects of any person heretofore, or 
 hereafter who shall so be declared or adjudged to be insane 
 under the provisions of this Ordinance, or by the Territorial 
 Court, or a judge thereof, shall be liable for the maintenance 
 and support of such person, and for any cost or charge that 
 may be necessarily incurred by or on his or her behalf during 
 svich insanity. No. 3, 1911, s. 1. 
 
Insane Persons. Chap. 4<». 405 
 
 4. In case it appears to such justice that such person is not 9.*^?'^'^^^^ 
 insane the justice shall discharge him. C.O.Y.T. c. 77, s. 4. '^'^°'^^''seA. 
 
 5. The justice of the peace acting under the provisions of Power to 
 ^ ,. _ __ . i . .-_ o _ . - ' ... summon 
 
 witnesses 
 
 this Ordinance shall have the like "authority for compelling ^"°""°° 
 
 the attendance of witnesses as such justice would have under 
 any law or statute in force respecting summary convictions 
 and shall be entitled to the same fees. C.O.Y.T. c. 77, s. 5. 
 
 SCHEDULE. 
 
 Form A. — Sec. 1. 
 
 Canada: \ To all or any of the constables or other 
 
 Yukon Territory.) 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 whose 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./ peace officers in the said Territory and to 
 the Royal 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 Royal 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 command 
 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. 
 
 Given und§r my hand and seal this day of 
 
 A.D. 19 , at in the Yukon Territory. 
 
 A.B., 
 
 J.P. [l.s.J 
 
406 Chap. 47. Insurance for Wife and Children. 
 
 CHAP. 47. 
 
 An Ordinance respecting Insurance for the benefit of 
 Wife and Children. 
 
 Interpretation 1. In this Ordinance "maturity of the policy" or "maturity 
 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. C.O.Y.T. c. 45, s. 1. 
 
 Husband may 2. Any person may insure his life for the whole term thereof 
 
 ber^fit erf wife ^^ ^^^ ^^Y definite period for the benefit of his wife and children 
 
 .or children, or of his wife and some one of his children or 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 
 
 insurancs money as he deems proper. C.O.Y.T c. 45, s. 2. 
 
 May be in 3. The insurance may be effected either in the name of 
 
 or trustee! *^® pcrson whosc life is insured or in the name of his wife or of 
 
 any other person (with the assent of such other person) as 
 
 trustee. C.O.Y.T. c. 45, s. 3. 
 
 Insurance 4, In casc a policy or written contract of life insurance ef- 
 
 deciaredfor fected by a man on his life, is expressed upon the face of it 
 benefit of wife to be for the benefit of his wife or his wife and children or 
 or children, ^^j q£ i}^qj^ or in case he has heretofore indorsed or may here- 
 after indorse or by any writing identifying the policy by its 
 number or otherwise has made or may hereafter make a decla- 
 ration 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 according to the intent so ex- 
 pressed 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 interfere with any pledge of 
 the policy to any person prior to such declaration. 
 Antenuptial 2. In the case of a policy or written contract of life insur- 
 pohcy. g^Qpg effected before marriage a declaration under this section 
 
 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 proceeding 
 now pending. C.O.Y.T. c. 45, s. 4. 
 
 Apportion- g. "phe insured may by an instrument in writing attached 
 
 be^var^d^ 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 
 
Insurance for Wife and Children. Chap. 4'7. 407 
 
 one or more of them although the policy is expressed to be for 
 the benefit of the wife alone or the child or children alone or 
 although a prior declaration was so restricted; and he may also 
 apportion the insurance money among the persons intended to be Apportion- 
 benefited; and may from time to time by an instrument in ment by will. 
 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 apportionment made by his will shall prevail over 
 any other raade before the date of the will except so far as such 
 other apportionment has been acted on before notice of the 
 apportionment by the will. 
 
 2. This section applies to policies heretofore issued as well as 
 to future policies. C.O.Y.T. c. 43, s. 5. 
 
 6. Where no apportionment is made all persons entitled to be Provision 
 benefited by the insurance shall be held to share equally in the portion- 
 same; and where it is stated in the policy or declaration that the ment. 
 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 the 
 wife living at the maturity thereof. C.O.Y.T. c. 45, s. 6. 
 
 y. Any such policy may be surrendered or assigned: Surrender or 
 
 (a) Where the policy is for the benefit of children only ^fp'^S^/.''* 
 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 
 (6) Where the policy is for the benefit of both a wife and 
 children and the surviving children are all of the full age 
 of twenty-one years if the person insured and his then wife 
 if any and all such surviving children agree to so surrender 
 or assign; or 
 (c) 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. C.O.Y.T. c. 45, s. 7. 
 
 8. Where an apportionment as in sections 2 and 5 hereof Apportioned 
 provided for has been made if one or more of the persons in p"^"'^- 
 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 
 identifying the policy of insurance declare that the share form- 
 erly apportioned to the person so dying shall be for the benefit 
 of such other person or persons as he names in that behalf not P^^^^ ?^ 
 being other than the wife and children of the insured and in be"ore°person 
 default of any such declaration the share of the person so dying insured. 
 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 part 
 of his estate. C.O.Y.T. c. 45, s. 8. 
 
408 
 
 Chap. 47. Insurance for Wife and Children. 
 
 No apBortion- 
 ment. 
 Death of 
 beneficiary. 
 
 Payment of 
 
 insurance 
 
 money. 
 
 9. Where no apportionment as in sections 2 and 5 hereof 
 provided for has been made if one or more of the persons en- 
 titled to the benefit of the insurance die in the lifetime of the 
 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 lifetime of thje 
 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 instrument 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. C.O.Y.T. c. 45, s. 9. 
 
 10. When the insurance money becomes due and payable 
 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. C.O.Y.T. c. 45, s. 10. 
 
 Insurance 
 for children. 
 
 Proof to be 
 adduced. 
 
 11. Where the insurance money or part thereof is for the 
 benefit in whole or in part of the children of the insured and the 
 children are mentioned as a class and not by their 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. C.O.Y.T. c. 45, s. 11. 
 
 Appointment 
 of trustees. 
 
 12. The insured may by the policy or by.h^s will or by any 
 writing under his hand appoint a trustee or trustees of 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 investment of the money payable 
 under the policy. Payment made to such trustee or trustees 
 shall discharge the company. C.O.Y.T. c. 45, s. 12. 
 
 Payment 
 where no 
 trustees. 
 
 Investment 
 by trustees. 
 
 13. If no trustee is named in the policy or appointed as men- 
 tioned in section 12 hereof to receive the shares to which infants 
 are entitled their shares may be paid to the executors of the last 
 will and testament of the insured or to a guardian of the infants 
 duly appointed by the Territorial Court of the Yukon Terri- 
 tory or a judge thereof upon the application of the wife or of 
 the infants or their guardian and such payment shall be a good 
 discharge to the insurance company. C.O.Y.T. c. 45, s. 13. 
 
 14. Any trustee named as provided for in the next preceding 
 two sections and any executor or guardian may invest the money 
 received in government securities or municipal or school deben- 
 tures or in mortgages of real estate or in any other manner 
 authorized 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 
 
Insurance for Wife and Children. Chap. 4T. 409 
 
 and education in such manner 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 of the 
 share of the child of and in the money for the advancement or 
 preferment in the world or on the marriage of such child. CO. 
 Y.T. e. 4.5, s. 14. 
 
 15. A guardian appointed as provided in section 13 hereof Security by 
 shall give security to the satisfaction of the Court or judge for e^ardian. 
 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 guardian or executor shall be $4 and no more and such 
 fees shall be regulated in the manner prescribed. CO. Y.T. 
 c. 45, s. 15. 
 
 16. If there is no trustee, executor or guardian competent Payment of 
 to receive the share of any infant in the insurance money and moif^into 
 the insurance company admits the claim or any part thereof court where 
 the company at any time after ■ the expiration of two months °°^t"'stees, 
 from the date of their admission of the claim or part 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 other- 
 wise 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 Order for 
 time the claim is admitted either pay the same to some per- -"nsurance"^ 
 son competent to receive the money under this Ordinance or moneys, 
 pay the same into the Territorial Court the said Court or judge 
 thereof may upon application made by some one competent 
 
 to receive the said money or by some other person on behalf 
 of the infant order the insurance money or any part thereof 
 to 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 application Costs. 
 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 incidental to obtaining out of Court 
 moneys voluntarily paid in by a company to be paid out of such 
 moneys. C.O.Y.T. c. 45, s. 16. 
 
 1 T. If a person who has heretofore effected or who here- Surrender of 
 after effects an insurance for the purposes contemplated by paid-up°'^ 
 this Ordinance whether the purpose appears by the terms policy. 
 
410 
 
 Chap. 47. Insurance for Wife and Children. 
 
 of the policy or by indorsement thereon or by an instrument 
 referring to and identifying the policy finds himself unable to 
 continue to meet the premiums he may surrender 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 
 surrendered, would have been payable; and the company may 
 accept the surrender and grant the paid-up policy notwith- 
 standing any declaration or direction in favour of the wife and 
 children or any of them. C.O.Y.T. c. 45, s. 17. 
 
 Borrowing for 
 payment of 
 premiums. 
 
 18. The person insured may from time to time borrow from 
 the company insuring or from any other company or 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 to- 
 gether with such lawful interest 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 
 declaration or direction in favour of the wife or children or any or 
 either of them. C.O.Y.T. c. 45, s. 18. 
 
 Bonuses and 
 profits. 
 
 19. Any person insured under the provisions of this Ordi- 
 nance may in writing require the insurance company 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 insured in such way as he 
 directs; or to add the said bonuses or profits to the policy; and 
 the company shall pay 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 manner than sti- 
 pulated in the policy or the application therefor. C.O.Y.T. c. 
 45, s. 19. 
 
 Several 
 actions. 
 Consolida- 
 tion. 
 
 Parties. 
 
 20. In case of several actions being brought for insurance 
 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 iniants 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 en- 
 titled 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. CO. 
 Y.T. c. 45, s. 20. 
 
Insurance for Wife and Children. Chap. 4'7. 411 
 
 21. No declaration or appointment affecting the insurance Notice to 
 money or any portion thereof nor any appointment or revocation J^mpany. 
 of a trustee shall be of any force or effect as respects the company 
 
 until the instrument or a duplicate or copy thereof is deposited 
 with the company. Where a declaration or indorsement has 
 been heretofore made and notice has not been given the com- 
 pany may until they receive notice thereof deal with the insured 
 or his executors, 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. C.O.Y.T. c. 45, s. 21. 
 
 22. If the policy was effected and premiums paid by the Rights of 
 insured with intent to defraud his creditors the creditors shall "'•editors, 
 be entitled to receive out of the sum secured an amount equal to 
 
 the premiums so paid. C.O.Y.T. c. 45, s. 22. 
 
 23. Nothing contained in this Ordinance shall be held or No 
 construed to restrict or interfere with the right of any person ^If^other^ 
 to effect or assign a policy for the benefit of his or her father, modes of 
 mother, husband or wife or children or some one of them in any assignment, 
 other mode allowed by law. C.O.Y.T. c. 45, s. 23. 
 
 24. Where all the persons entitled to be benefited whether fg"gY'n°^ra°'of 
 by original insurance, by written declaration or instrument of policy, 
 variation or apportionment under any policy are of full age they 
 
 and the person insured may surrender the policy or assign the 
 same either absolutely or by way of security. C.O.Y.T. c. 45, 
 s. 24. 
 
 25. Where any policy of insurance or written contract of Persons 
 life insurance or the declaration indorsed upon or attached fn*succession. 
 to any policy of insurance to which this Ordinance applies whe- 
 ther such declaration has heretofore been or shall hereafter be 
 
 made provides that th3 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 per- 
 son entitled to be benefited under such policy. C.O.Y.T. c. 45, 
 s. 25. 
 
412 
 
 Chap. 48. 
 
 Judicature. 
 
 CHAP. 48. 
 
 An Ordinance respecting the Administration of Civil 
 
 Justice. 
 
 Short 
 title. 
 
 1. This Ordinance may be cited 
 nance. C.O.Y.T. c. 17, s. 1. 
 
 as The Judicature Ordi- 
 
 SHORT TITLE. 
 
 INTERPRETATION OF TERMS. 
 
 Interpretation 2. In the construction of this Ordinance and the rules of 
 Court, unless there is anything in the subject or context 
 repugnant thereto, the several expressions hereinafter mentioned 
 or referred to have or include the meanings following: 
 
 1. "Cause" includes any action, suit, or other original 
 proceeding between a plaintiff and a defendant; 
 
 2. "Action" includes suit and means a civil proceeding 
 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 in a 
 cause; 
 
 4. "Originating summons" means a summons by whicxi 
 proceedings are commenced without writ; 
 
 5. "Plaintiff." "petitioner," "defendant," "party," "per- 
 son," include bodies politic or corporate holding the relation 
 of plaintiff, defendant or party; 
 
 6. "Receiver" includes consignee or manager appointed 
 by or under an order of the Court; 
 
 7. "Plaintiff" includes any person asking any relief (other- 
 wise than by way of counterclaim as a defendant) against any 
 other person by any form or proceeding, whether the same be 
 taken by action, petition, motion, summons or otherwise; 
 
 8. "Petitioner" includes every person making any application 
 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; 
 
 "Cause." 
 
 "Action.' 
 
 'Matter.' 
 
 "Originating 
 summons." 
 
 "Parties."' 
 
 ' ' Receiver. ' 
 
 "Plaintiff." 
 
 "Petitioner.' 
 
 "Defendant." 
 
 "Party.'' 
 
 "Person." 
 "Clerk." 
 
 "Sheriff." 
 
Judicature. Chap. 48. 413 
 
 14 "Pleading" includes any petition or summons (other "Pleading." 
 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; "Judgment." 
 
 16. "Order" includes rules; ■■Order." 
 
 17. "Affidavit" or "oath" includes affirmation where -oSh^'^'*'" 
 authorized by law; 
 
 18. /'Rule of Court" or "rules of Court" mean the rules eo^^i^-"' 
 contained in this Ordinance or any rules of Court passed in 
 pursuance or under the authority thereof; 
 
 19. "Lunatic" incldes an idiot or other person of unsound ■'Lunatic." 
 mind. 
 
 20. "Execution creditor" includes an assignee of the execution '■Execution 
 creditor. C.O.Y.T. c. 17, s. 2. creditor." 
 
 JURISDICTION. 
 
 3. The jurisdiction of the Territorial Court of the Yukon Jurisdiction. 
 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 Practice and 
 nearly as may be as in the Supreme Court of Judicature in procedure. 
 England as it existed on the first day of January, 1898. 
 C.O.Y.T. c. 17, s. 3. 
 
 4. If there is a district of a deputy clerk established by Entry and 
 Ordinance, suits in which the cause of action arose or the *„ what^"'*^' 
 defendant resides in such deputy clerk's district shall be entered district. , 
 in the office of the deputy clerk, and suits in which the cause 
 
 of action arose or the defendant resides in the remaining portion 
 of the Territory shall be entered in the office of the clerk of the 
 court, and if in any suit the cause of action arose in the deputy 
 clerk's district and the defendant 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. C.O.Y.T. c. 17, 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 chambers 
 the powers and authorities, rights, privileges, immunities and mentTha't 
 incidents of the said Court, and any judgment given or decision sitting in 
 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 provisions in this Ordinance 
 relating to appeal to the Court en banc. C.O.Y.T. c. 17, s. 5. 
 
 6. In every case in which the Court has authority 'to order Court maj; 
 the execution of a deed of conveyance, transfer or assignment ™5'^rs^'**'"^ 
 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 transfer if executed; 
 
414 
 
 Chap. 4S. 
 
 Judicature. 
 
 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 whom 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. 
 C.O.Y.T. c. 17, s. 6. 
 
 Sittings of y. The Territorial Court presided over by a single judge 
 
 for the transaction of the business of the Court may sit and 
 act at any such time and place in the Territory as the Com- 
 missioner appoints. C.O.Y.T. c. 17, s. 7. 
 
 RULES OF LAW. 
 
 Equitable 
 estate, right 
 or relief 
 claimed by 
 plaintiff. 
 
 Equitable 
 estate, right 
 or relief 
 claimed by 
 defendant. 
 
 Counterclaim 
 and third 
 parties. 
 
 8. In every civil cause or matter commenced 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 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 whatsoever asserted by any defendant or respon- 
 dent 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. 
 
 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 or 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 proceeding instituted in that Court 
 for the same or like purpose. 
 
 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 petitioner 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 pursuant 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 
 
Judicature. Chap. 48. 415 
 
 party to such cause or matter with the same rights in respect 
 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 Et^itable 
 and take notice of all equitable estates, titles and rights and awiea^ring 
 all equitable duties and liabilities appearing incidentally in incidentally, 
 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 proceeding duly 
 instituted therein. 
 
 5. The Territorial Court in the exercise of its j urisdiction J"?*! . . 
 in every cause or matter pending before it shall have power to of matters in° 
 grant, and shall grant either absolutely or on such reasonable controversy, 
 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 respectively in such cause 
 or matter; so that as far as possible all matters so in contro- 
 versy between the said parties respectively may be completely Multiplicity 
 and finally determined and all multiplicity of legal proceedings tobe°avofdey 
 concerning any such matters avoided. C.O.Y.T. c. 17, s. 8. ° ^^^°' ^ 
 
 9. In the case of lunatics and their property and estates, Lunatics, 
 the jurisdiction of the Court shall, subject to the rules of Court, jurisdiction 
 include that which in England is conferred upon the Lord of court. 
 High Chancellor by Commission from the Crown under the 
 
 Sign Manual. C.O.Y.T. c. 17, s. 9. 
 
 10. The law to be administered in the Territory as to the 
 matters next hereinafter mentioned shall be as follows : 
 
 1. No claim of a cestui que trust against his trustee for any Express 
 property held on an express trust or in respect of any breach trusts. 
 of such trust shall be held io be barred by any Statute of Limita- 
 tions. 
 
 2. An estate for life without any impeachment of waste Equitable 
 shall not confer or be deemed to have conferred upon the tenant ^aste. 
 for life any legal right to commit waste of the description known 
 
 as equitable waste unless an intention to confer such right 
 shall expressly appear by the instrument creating such estate. 
 
 3. There shall not be any merger by operation of law only Merger, 
 of any estate 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 possession Mortgagors 
 or receipt of the rents and profits of any land as to which no of lf°*i> 
 notice of his intention to take possession or to enter into the"g^i*^°( 
 receipt of the rents and profits thereof shall have been given 
 
 by the mortgagee may sue for such possession, 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. 
 
416 
 
 Chap. 48. 
 
 Judicature. 
 
 Assignment 
 of chose in 
 action. 
 
 Conflicting 
 claims. 
 
 Interpleader. 
 
 Stipulations 
 in contracts 
 as to time, 
 etc. 
 
 Part 
 
 performance 
 when 
 satisfaction. 
 
 Interlocutory 
 mandamus . 
 
 Injunction. 
 
 Receiver. 
 
 Damages 
 
 in addition to 
 
 or instead of 
 
 injunction or 
 
 specific 
 
 performance. 
 
 Orders of 
 court as 
 against 
 purchasers. 
 
 Rules of 
 equity 
 to prevail. 
 
 Evidence. 
 
 5. In case of an assignment of a debt or other chose in action, 
 if the debtor, trustee or other person liable in respect of such 
 debt or chose in action has had notice that such assignment 
 is disputed by the assignor or any one claiming under him, 
 or of any other opposing or conflicting claims to such debt 
 or chose in action, he shall be entitled if he thinks fit to call 
 upon the several peisons making claim thereto to interplead 
 concerning the same. 
 
 6. Stipulations in contracts as to time or otherwise which 
 would not heretofore have been deeined to be or to have become 
 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 
 a breach thereof when expressly accepted by the creditor in 
 satisfaction or rendered in pursuance of an agreement for 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 judge in all 
 cases in which it appears to the Court or judge to be just or 
 convenient that such order should be made and any such order 
 may be made either unconditionally or upon such terms and 
 conditions as the Court 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 injunction may be granted, if the Court or judge 
 thinks fit whether the person against whom such injunction 
 is sought is or is not in possession under any claim of title or 
 otherwise 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 entertain 
 an application for an injunction against a breach of any 
 convenant, contract or agreement or against the commission 
 or continuance of any wrongful act or for the specific performance 
 of any covenant, contract or agreement, the Court 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 juris- 
 diction or of want of any concurrence, consent, notice or service. 
 
 11. Generally 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 
 
Jvdicature. Chap. 48. 417 
 
 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 Minors, 
 age. C.O.Y.T. c. 17, s. 10. 
 
 cleek's duties. 
 
 11. The duties of the clerk shall be: ^^^^ 
 
 1. To attend at his office and keep the same open between Hours of 
 the hours of ten in the forenoon and four in the afternoon on office, 
 all days except Sundays and holidays and except on Saturdays 
 
 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, Official duties 
 (a) To receive all complaints and other papers required 
 
 to be filed in Court; 
 (6) 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 judgments 
 
 and orders pronounced, given and made; 
 
 3. To keep an account of all fines, fees and moneys payable Accounts 
 or paid into Court, entering all such amounts in proper 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 his s*^**'"g in 
 attendance is dispensed with by the judge; and '^ ""^ '"^''' 
 
 5. To do and perform all such other acts and duties as are Duties 
 necessary for the due administration of civil justice in the generally. 
 Territory. C.O.Y.T. c. 17, s. 11. 
 
 13. In the absence of the clerk the Court may appoint a Absence 
 suitable person to perform the duties prescribed in the pre- °^ '''*''''^- 
 ceding section. C.O.Y.T. c. 17, s. 12. 
 
 13. All books, papers, documents and moneys in the On vacancy, 
 possession of the clerk by virtue of or appertaining to his office Appointment 
 shall upon his resignation, removal or death immediately of substitute. 
 become the property of such person as the court appoints as 
 
 clerk pending the appointment of a new clerk of the court. 5'^P°jjg'°" 
 
 C.O.Y.T. C. 17, S. 13. documents 
 
 and moneys. 
 
 PRACTICE AND PKOCEDUKE. 
 
 14. The practice and procedure of the Territorial Court of Practice 
 the Yukon Territory shall be regulated by this Ordinance and procedure, 
 the Rules of Court, but the judge of the said Court shall have 
 power to frame and promulgate such additional Rules of Court 
 
 as he sees fit and may therein vary, annul, add to or amend the 
 existing rules subject to the following conditions : No. 7 of 1914, 
 s. 1. 
 
 70263—27 
 
418 
 
 Chap. 48. 
 
 Judicature. 
 
 Rules of 
 court. 
 
 (a) Such rules shall be forthwith posted in the office jof 
 the clerk of the Court at Dawson and shall state a day 
 not less than ten clear days from such posting upon which 
 the same shall take effect so as to permit of the publication 
 of the same in the Yukon Official Gazette as hereinafter 
 provided, and a copy of such rules shall be transmitted to 
 the Territorial Secretary and by him published in the 
 Yukon Official Gazette at least ten clear days before the 
 same shall take effect; 
 
 (6) All such rules shall be laid before the Yukon Council 
 at the session thereof next following the making of such 
 rules, and shall remain in force until the conclusion of 
 such session and no longer, unless approved by the said 
 Council. C.O.Y.T. c. 17, s. 14. No. 22 of 1903, s. 2. 
 
 15. Subject to the provisions of this Ordinance and the rules 
 of Court the practice and procedure existing in the Supreme 
 Court of Judicature in England on the first day of January 1898, 
 shall as nearly as possible be followed in all causes, matters and 
 proceedings. C.O.Y.T. c. 17, s. 15. 
 
 RULES OF COURT. 
 
 [The division of these rules into orders and headings is not to 
 affect the interpretation thereof.] 
 
 PART I. 
 
 GENERAL PRACTICE AND PROCEDURE. 
 
 ORDER I. 
 
 FORM AND COMMENCEMENT OF ACTION. 
 
 Commence- 
 ment 
 of action. 
 
 Statement 
 of claim. 
 
 1. Every action except as otherwise provided shall be com- 
 menced by writ of summons in form "A" in the schedule' 
 hereto, with such variations as circumstances require, which 
 writ shall be issued by the clerk upon receiving from the plaintiff 
 the documents specified in Rule 2, and the proper fees. 
 
 3. At the time of the issue of the writ, the plaintiff or his 
 solicitor shall deliver to the clerk two copies of the plaintiff's 
 statement of claim, and one of such copies shall be attached 
 to such writ and filed with it by the clerk in his ofiice, and a 
 copy of such statement of claim shall be attached to each copy 
 of such writ served. No. 22 of 1903, s. 4. 
 
Judicature. Chap. 48. 419 
 
 ORDER II. 
 
 WRIT OF SUMMONS. 
 
 I. — General. 
 
 3. Every writ of summons and also (unless otherwise pro- Writs to be 
 vided) every other writ shall bear the date of the day on which '^''*^'^- 
 the same is issued. 
 
 2. If the writ of summons is served within a distance of Time for 
 ten miles from the clerk's office whence it is issued the time for "^et"™"' ™t' 
 appearance shall be eight days from such service, and if it is 
 
 served at a distance of more than ten miles from such office an 
 additional day for every additional ten miles shall be added 
 to such time for appearance. 
 
 3. A judge may by order shorten the time for appearance. Srtened. 
 
 4. The writ need not state the defendant's address. CO. Defendant's 
 
 Y.T. C. 17, R. 3. No. 22 of 1903, S. 6. address on 
 
 writ not 
 
 II. — Concurrent Writ. 
 
 4. The plaintiff in any action may at the time of or at any ^"* 
 time within twelve months after the issuing of the original origin"h" 
 writ of summons issue one or more concurrent writ or writs 
 
 each concurrent wsit 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 concui:rent 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 the Concurrent 
 defendant or one of several defendants is without the Territory ^^i°eex 
 on application as is in these rules hereafter provided for service Mia. 
 out of the jurisdiction the judge may order a concurrent writ to 
 issue. C.O.Y.T. c. 17, R. 4. 
 
 III. — Renewal. 
 
 5. No original writ of summons shall be in force for more Duration 
 than twelve months from the date thereof including the 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 for leave to renew the writ 
 
 and the -judge if satisfied that reasonable efforts have been Application 
 made to serve such defendant or for other good reason may ^°^ renewal. 
 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 time 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 
 70263—271 
 
420 
 
 Chap. 48. 
 
 Judicature. 
 
 Evidence of 
 renewal and 
 commence- 
 ment of 
 
 action. 
 
 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. (E. 45.) C.O.Y.T. c. 17, R. 5. 
 
 6. The production of a writ of summons purporting to have 
 been renewed in manner aforesaid shall be sufficient 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. [E. 46.] C.O.Y.T. R. 6. 
 
 Copy may 
 be sealed. 
 
 Indorsement 
 on writ by 
 solicitor. 
 
 Plaintiff 
 3uing in 
 pereon. 
 
 Address for 
 
 ser^'ice. 
 
 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.] CO. 
 Y.T. c. 17, R. 7. 
 
 v. — Indorsement by Solicitor. 
 
 H. The solicitor of a plaintiff 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 office 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. 19 and 20.] C.O.Y.T. c. 17, 
 R.8. 
 
 O. 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 therewilih or has 
 appeared 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 proceedings upon the same shall be 
 stayed and no further proceedings shall be taken thereupon 
 without leave of the judge. [E. 42.] C.O.Y.T. c. 17, R. 9. 
 
 VI. — Change of Solicitor. 
 
 lO. A party suing or defending by a solicitor may change 
 his solicitor in any cause or matter without an order for that 
 
Judicature. Chap. 48. 421 
 
 purpose upon notice of such change being filed in the clerk's 
 omce in which the cause or matter is proceeding; but until such 
 °i?*Jf^ 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.] C.O.Y.T. c. 17, 
 R. 10. L J , 
 
 11. Where a party after having sued or appeared in person Employment 
 has given notice in writing to the opposite party or his solicitor of solicitor 
 through a solicitor that such solicitor is authorized to act in the proJeedingr 
 cause or matter on his behalf all writs, notices, pleadings, in person, 
 summonses, orders, warrants and other documents, proceedings 
 and written communications 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. CO. 
 Y.T. c. 17, R. 11. 
 
 ORDER III. 
 
 SERVICE OF WRIT 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 than ^^^ whom. 
 a plaintiff but except by order of a judge no fees for service shall Fees. 
 
 in such latter case be allowed. C.O.Y.T. c. 17, R. 12. 
 
 13. Service of writ of summons shall be effected by copy Manner of 
 
 as follows: service 
 
 1. By personal service anywhere in the Territory; Personal. 
 
 2. Where the service of a writ out of the Territory may be Service on 
 allowed under Rule 17 and the defendant, whether a British where de- 
 subject or not, is, or was at the time the cause of action arose, fendantput 
 carrying on business within the Territory, the Court or judge tL^"^*^"^ 
 may, if the cause of action arose in respect of such business, 
 
 make an order allowing service upon any person having the 
 control or management of the business, and such service shall 
 be equivalent to personal service; (Ont. 147.) 
 
 3. Every writ of summons issued against a corporation and Corporation. 
 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 representa- 
 tive, 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; 
 
422 
 
 Chap. 48. 
 
 Judicature. 
 
 Recovery 
 of land . 
 
 Vacant 
 possession. 
 
 Husband 
 and wife. 
 
 Infant 
 defendant. 
 
 Lunatic. 
 
 4. Service of a writ of summons in an action to recover 
 possession of land may, in case of vacant possession, when it 
 cannot be otherwise effected, by leave of the judge be made by 
 posting a copy of the writ and statement of claim upon the door 
 of the dwelling house or other conspicuous part of the premises; 
 [E. 56.] 
 
 5. When husband and wife are both defendants to the action 
 they shall both be served unless the judge otherwise orders; 
 
 6. When an infant is a defendant to the action service on his 
 father or guardian or if none then upon the person with whom 
 the infant resides or under whose care he is and the public ad- 
 ministrator shall unless the judge otherwise orders be deemed 
 good service on the infant: 
 
 Provided that the judge may order that service made or to be 
 made on the infant shall be deemed good service; 
 
 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. C.O.Y.T. c. 17, R.13. No. 22 o! 1903 
 s. 7. 
 
 II — Substitutional Service. 
 
 Sub- 
 stitutional 
 service. 
 
 14. In any case if it be made to appear to a judge that the 
 plaintiff is from any cause unable to effect prompt personal 
 service the judge may make such order for substituted or other 
 service by advertisement or otherwise as is just (E. 63). CO. 
 Y.T. c. 17, R. 14. 
 
 Original writ 
 served in- 
 stead of copy. 
 
 15. In any case if it be made to appear to a judge that the ori- 
 ginal 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 production of such original. C.O.Y.T. 
 c. 17, R. 15. 
 
 Indorsement 
 of service 
 unnecessary. 
 
 III. — Indorsement of Service Unnecessary. 
 
 16. It shall not be necessary for the person serving a 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. C.O.Y.T. c. 17, R. 16. 
 
 ORDER IV. 
 
 SERVICE OUT OF THE JURISDICTION. 
 
 Service out IT. Service of a Writ of Summons or notice of Writ of Summons 
 wh'en allowed! ^"^ ^ defendant out of the Territory may be allowed by a judge 
 whenever — 
 
 1. The whole subject matter of the action is land or a 
 mining claim or claims situate within the Territory or any in- 
 terest therein (with or without rents or profits) ; or. 
 
Judicature. Chap. 48. 423 
 
 2. Any act, deed, will, contract, obligation or liability 
 attectmg land or hereditaments situate within the Territory is 
 sought to be construed, rectified, set aside or enforced in the 
 action; or 
 
 3. Any relief is sought against any person domiciled or or- 
 dmarily resident within the jurisdiction; or 
 
 4. The action is for the administration of the estate of any 
 deceased person who at the time of his death was domiciled within 
 the Territory or for the execution (as to property the whole 
 or some part of which is within the Territory) of the trusts of any 
 written instrument of which the person to be served is a trustee 
 which ought to be executed according to the laws of the Territory; 
 or 
 
 5. The action is for the dissolution or winding up of any 
 partnership carrying on or which has carried on business within 
 the Territory, so far as the business or property thereof within 
 the Territory is concerned, or for any relief incidental thereto; or 
 
 6. The action is for the recovery of any debt contracted 
 within the jurisdiction or is founded on any breach or alleged 
 breach within the jurisdiction of any contract wherever made 
 which according to the terms thereof ought to be performed 
 within such jurisdiction or is founded on a tort committed within 
 the jurisdiction; or 
 
 7. An injunction is sought as to anything to be done within 
 the jurisdiction or any nuisance within the jurisdiction is sought 
 to be prevented or removed whether damages are or are not also 
 sought in respect thereof; or 
 
 8. Any person out of the jurisdiction is a necessary or proper 
 party to an action properly brought against some other person 
 duly served within the jurisdiction; or 
 
 9. The action is upon a foreign judgment and it is proved to 
 the satisfaction of a judge that the defendant has assets within 
 the Yukon Territory. (E. 64.) C.O.Y.T. c. 17, R. 17. No. 22, 
 of 1903, ss. 8,9, 10. 
 
 18. Every application for leave to serve such writ of summons Service 
 
 or notice on a defendant out of the jurisdiction shall be before ?"ris"diotion 
 writ 'issued, except as hereinbefore provided for, and supported 
 by affidavit stating that in the belief of the deponent the plaintiff 
 has a good cause of action and showing in what place or country 
 the defendant is or probably may be found, and whether such 
 defendant is a British subject or not, and the grounds on which 
 the application is made; but no such leave shall be granted 
 unless it shall be ipade sufficiently to appear to the judge that the 
 case is a proper one for service out of the Territory aforesaid. 
 
 2. When the defendant is neither a British subject nor in in foreign 
 British Dominions, notice of the writ and not the writ itself shall notioe"only 
 be served upon the defendant in the manner in which writs of to be served, 
 summons are served. (E. 69 and 70). No. 22 of 1903, s. 11. 
 
 19. Any order giving leave to effect such service shall limit a Time for 
 time after such service within which such defendant may enter an ^pp^*''^"''^- 
 appearance, such time to depend on the place or country where 
 
 or within which the writ or notice is to be served. [E. 68.] C. 
 0. Y. T. c. 17, R. 19. No. 22, of 1903, s. 12. 
 
424 
 
 Chap. 48. 
 
 Judicature. 
 
 Form of 
 writ. 
 
 Substitu- 
 tional service. 
 
 20. A writ of summons for service outside the jurisdiction 
 shall be in form AA in the Schedule hereto. No. 8 of 1909, s. 1. 
 
 21. In any such case if it is made to appear to a judge that 
 service as ordered out of the jurisdiction cannot be made and 
 that reasonable efforts (showing them) have been made to effect 
 such service the judge may make an order for substitutional ser- 
 vice by advertisement or otherwise as seems proper. C.O.Y.T. 
 c. 17, E. 20. 
 
 Substitu- 
 tional service 
 where 
 defendant's 
 whereabouts 
 unknown. 
 
 Judgment by 
 default. 
 
 Proof of 
 claim. 
 
 22. In any case if it is made to appear to the judge that 
 the whereabouts of the defendant is unkown after all reasonable 
 efforts have been exhausted to ascertain them the judge may in 
 any action affecting land in the Territory or in any other case 
 in which he deems it proper dispense with any order for service 
 out of the jurisdiction and make such order for service of the 
 writ by advertisement or otherwise as he deems proper subject 
 to such terms and conditions as may be necessary to protect the 
 defendant from injustice; but judgment shall not be entered on 
 default of appearance in any such case until the judge is satisfied 
 by such proof as he requires of the justice of the claim. C.O.Y. 
 T. c. 17, R. 21. 
 
 ORDER V. 
 
 SERVICE OF OTHER PROCEEDINGS. 
 
 Service of 
 notices, 
 pleadings, 
 etc. 
 
 Substitutional 
 service of 
 
 notices, etc. 
 
 23. Where personal service of any notice, pleading, order, 
 summons, warrant or other document, proceeding or written 
 communication is required the service shall be effected as nearly 
 as may be in the manner prescribed for the personal service 
 of a writ of summons. C.O.Y.T. c. 17, R. 22. 
 
 24. Where personal service of any notice, pleading, summons, 
 order, warrant or other document, proceeding or written com- 
 munication is required and it is made to appear to the court 
 or a judge that prompt personal service cannot be effected 
 the court or the judge may make such order for substituted 
 or other service or for the substitution for service of notice by 
 letter, public advertisement or otherwise as is just. C.O.Y.T. 
 c. 17, R. 23. 
 
 Admissions 25. Admissions and acceptances of service of papers and 
 onsb^rcHors documcnts purporting to be signed by or on behalf of a solicitor 
 
 need not be verified by affidavit but shall be accepted as prima 
 
 facie proof. C.O.Y.T. c. 17, R. 24. 
 
Judicattire. ■ Chap. 4-8. 425 
 
 ORDER VI. 
 
 PARTIES. 
 
 I.^ — General. 
 
 26. All persons may be joined in one action as plaintiffs, Joinder of 
 in whom any right to relief in respect of or arising out of the p''""*'**^. 
 same transaction or series of transactions is alleged to exist, 
 whether jointly, severally, or in the alternative, where if such 
 persons brought separate actions any common question of law 
 
 or fact would arise; provided that if upon the application of any 
 defendant it shall appear that such joinder may embarrass 
 or delay the trial of action, the Court or judge may order 
 separate trials, or make such other order as is expedient, and 
 judgment may be given for such one or more of the plaintiffs as 
 are found to be entitled to relief, for such relief as he or they is 
 or are entitled to, without any amendment. But the defendant, 
 though unsuccessful, shall be entitled to his costs occasioned 
 by 30 joining any person who is not found entitled to relief 
 unless the Court or a judge in disposing of the costs otherwise 
 directs. (E. 123.) 
 
 2. Any number of servants, workmen or employees of any Employees 
 person may join as plaintiffs in one action to recover any amounts ^tim" ™ 
 alleged to be due them for wages from such person. No. 22 of wages. 
 1903, s. 13. 
 
 27. Where an action has been commenced in the name Wrong person 
 of the wrong person as plaintiff or where it is doubtful whether "fjjjjfjfg ® 
 
 it has been commenced in the name of the right plaintiff the judge ^ ""' 
 may, if satisfied that it has been so commenced through a bona 
 fide miitake and that it is necessary for the determination of the 
 real matter in dispute so to do, order any other person to be 
 substituted or added as plaintiff upon such terms as are just. 
 [E. 124.] C.O.Y.T. c. 17, R. 26. 
 
 28. Where in any action any person has been improperly Misjo^Mer of 
 or unnecessarily joined as a co-plaintiff and a defendant has ^ '*™ ' ' . 
 set up a counterclaim or set-off he may obtain the benefit Counterclaim- 
 thereof by establishing his set-off or counterclaim as against 
 
 th'e parties other than the co-plaintiff so joined notwithstanding 
 the misjoinder of such plaintiff or any proceeding consequent 
 thereon. [E. 125.] C.O.Y.T. c. 17, R. 27. 
 
 29. All persons may be joined as defendants against whom ^°i''^|^°^g 
 the right to any relief is alleged to exist whether jointly, severally ^ ^" ^° '^^ 
 or in the alternative; and judgment may be given against such 
 
 one or more of the defendants as are found to be liable according 
 to their respective liabilities without any amendment. [E. 126.] 
 C.O.Y.T. c. 17, R. 28. 
 
 3©. It shall not be necessary for every defendant to be °f|"„^o^t°be 
 interested as to all the relief prayed for or as to every cause of interested in 
 action included in any proceedings against him; but the judge ^}|^?^^^ 
 
426 
 
 Chap. 48. 
 
 Judicature. 
 
 Joinder of 
 persons 
 severally 
 liable. 
 
 may make such order as appears just to prevent any defendant 
 from being embarrassed or put to expense by being required 
 to attend any proceedings in which he has no interest. [E. 127.] 
 C.O.Y.T. c. 17, R. 29. 
 
 31. The plaintiff may at his option join as parties to the 
 same action all or any of the persons severally or jointly and 
 severally liable on any one contract including parties to bills 
 of exchange and promissory notes. [E. 128.] C.O.Y.T. c. 17, 
 R. 30. 
 
 Plaintiff in 
 doubt as to 
 person liable. 
 
 32. Where the plaintiff is in doubt as to the person from 
 whom he is entitled to redress he may by leave of the judge 
 on ex parte application join two or more defendants to the 
 intent that the question as to which if any of the defendants 
 is liable and to what extent may be determined as between 
 all parties. [E. 129.] C.O.Y.T. c. 17, R. 31. 
 
 Trustees, etc., 
 may sue and 
 be sued as 
 representa- 
 tives. 
 
 33. Trustees, executors and administrators may sue and 
 be sued on behalf of or as representing the property or estate 
 of which they are trustees or representatives without joining any 
 of the persons beneficially interested in the trust or estate and 
 shall be considered as representing such persons; but the judge 
 may at any stage of the proceedings order any such persons to 
 be made parties either in addition to or in lieu of the previously 
 existing parties. 
 
 2. If the plaintiff sues or the defendant is sued in a 
 representative capacity the statement of claim shall show in 
 what capacity the plaintiff or defendant sues or is sued as the 
 case may be. [E. 130.] C.O.Y.T. c. 17, R. 32. 
 
 Suit or 
 defence by 
 one person 
 for class. 
 
 34. Where there are numerous persons having the same 
 interest in one cause or matter one or more of such persons may 
 sue or be sued or may be authorized by the judge to defend in 
 such cause or matter on behalf or for the benefit of all persons 
 so interested. [E. 131.] C.O.Y.T. c. 17, R. 33. 
 
 M?^"oind^r °'^ ^^* ^° cause or matter shall be defeated by reason of the 
 not^to°defeat misjoinder or nonjoinder of parties and the judge may in every 
 
 striking out 
 or adding 
 parties. 
 
 cause or matter deal with the matter in controversy so far as 
 regards the rights and interests of the parties actually before 
 him. The judge may at any stage of the proceedings either 
 upon or without the application of either party and on such 
 terms as appear just order that the names of any parties im- 
 properly joined whether as plaintiffs or defendants be struck 
 out and that the names of any parties whether plaintiffs or 
 defendants who ought to have been joined or whose presence in 
 the cause is necessary in order to enable the judge to effectually 
 and completely adjudicate upon and settle all the questions 
 involved in the cause or matter be added. Every party whose 
 name is so added as a defendant shall be served with a summons 
 or notice in such manner as the judge may order and the pro- 
 ceedings as against such party shall be deemed to have begun 
 
Judicature. Chap. 48. 427 
 
 only on the service of such summons or notice. [E. 133.1 CO. 
 Y.T. c. 17, R. 34. 
 
 36 Any application to add or to strike out or substitute Applications 
 a plaintiff or defendant may be made to the judge at any time ^^ t° Parties- 
 before trial supported by affidavit or at the trial of the action 
 in a summary manner. [E. 134.] C.O.Y.T. c. 17, R. 35. 
 
 II. — Partners. 
 
 37. Any two or more persons claiming or being liable as co- Suits in 
 partners and carrying on business within the jurisdiction may '''" °*™^- 
 sue or be sued in the name of the respective firms if any of which 
 
 such persons were co-partners at the time of the accruing of the 
 
 cause of the .action; and any party to an action may in such 
 
 case apply by summons to a judge for a statement of the names Disclosure 
 
 and addresses of the persons who were at the time of the accruing paSrs^ °^ 
 
 of the cause of action co-partners in any such firm to be furnished 
 
 in such manner and verified on oath or otherwise as the judge 
 
 directs. 
 
 2. Any person carrying on business in the name of a firm 
 apparently consisting of more than one person may be sued in 
 the name of such firm. [E. 137, 648o.] C.O.Y.T. c. 17, R. 36. 
 
 38. When a writ is issued out by partners in the name of their Plaintiff firm, 
 firm the plaintiffs or their solicitors shall on demand in writing names of "'^ 
 by or on behalf of any defendant forthwith declare in writing persons 
 
 the names and places of residence of all the persons constituting composing, 
 the firm on whose behalf the action is brought; and if ^^^jjfaultin 
 plaintiffs or their solicitors fail to comply with such demand all furn?s\ing. 
 proceedings in the action may upon an application for that 
 purpose be stayed upon such terms as the Court or a judge 
 directs; and when the names of the partners are so declared the Egeotwhen 
 action shall proceed in the same manner and the same con- furnished, 
 sequences in all respects shall follow as if they had been named 
 as the plaintiffs in the writ; but all the proceedings shall never- 
 theless continue in the name of the firm. [E. 6486.] CO. 
 Y.T. c. 17, R. 37. 
 
 39. Where persons are sued as partners in the name of their ^^^„'^Xps. 
 firm the writ shall be served either upon any one or more of the 
 partners or at the principal place within the jurisdiction of the 
 business oi the partnership upon any person having at the time 
 
 of service the control or management of the partnership business 
 there; and subject to these rules such service shall be deemed 
 good service upon the firm so sued whether any of the members 
 thereof are out of the jurisdiction or not and no leave to issue 
 a writ against them shall be necessary. ' t> • i. 
 
 Provided that in the case of a co-partnership which has been ^f°^J^J^^'' 
 dissolved to the knowledge of the plaintiff before the commence- 
 ment of the action the writ of summons shall be served upon 
 every person within the jurisdiction sought to be made liable. 
 [E. 648c.] C.O.Y.T. c. 17, R. 38. 
 
428 Chap. 48. Judicature. 
 
 oa'acft°'in ^^' ^^^^'^ ^ '^^^^ ^^ issued against a firm and is served as 
 
 whkih person directed every person upon whom it is served shall be informed 
 served. by notice in writing given at the time of such service whether he 
 
 is served as a partner or as a person having control or manage- 
 ment of the partnership business or in both characters. In 
 default of such notice the person served shall be deemed to be 
 served as a partner. [E. 648d.] C.O.Y.T. c. 17, R. 39. 
 
 by partners ^^' Where persons are sued as partners in the name of their 
 firm they shall appear individually in their own names; but all 
 subsequent proceedings shall nevertheless continue in the name 
 of the firm. [E. 648e.] C.O.Y.T. c. 17, R. 40. 
 
 served on '^^' Where a writ is served upon a person having the con- 
 
 representative trol or management of the partnership business no appearance 
 appearance, by him shall be necessary unless he is a membei; of the firm 
 sued. [E. 648/.] C.O.Y.T. c. 17, R. 41. 
 
 Appearance 43. Any person served as a partner may enter an appearance 
 oFperso™*^^* under protest denying that he is a partner; but such appearance 
 served as shall not preclude the plaintiff from otherwise serving the firm 
 partner. g^jj^ obtaining judgment against the firm in default of appearance 
 
 if no partner has entered an appearance in the ordinary form. 
 
 [E. 648,9.] C.O.Y.T. c. 17, R. 42. 
 
 III. — Administration and Execution of Trusts. 
 
 Determina- 44, In any case in which the right of an heir-at-law or the 
 unascertained i^^xt of kin or a class depends upon the construction which the 
 heirs at law, Court or a judge puts upon an instrument and it shall not be 
 or dass^'" known or shall be difficult to ascertain who is or are such heir- 
 at-law or next of kin or class and the Court or judge considers 
 that in order to save expense or for some other reason it will be 
 convenient to have the questions of construction determined 
 before such heir-at-law, next of kin or class have been ascertained 
 by means of inquiry or otherwise the Court or judge shall 
 appoint the public administrator to represent such heir-at-law, 
 next of kin or class and the judgment of the Court or judge in 
 the presence of the public administrator shall be binding upon 
 the heir-at-law, next of kin or class so represented. [E.154]. 
 C.O.Y.T. c. 17, R. 43. 
 
 Adminis- 45. Any residuary legatee or next of kin entitled to a judg- 
 
 tration, rights ment or order for the administration of the personal estate of a 
 legatee and deceased person may have the same without serving the remain- 
 next of kin. ing residuary legatees or next of kin. [E. 155.] C.O.Y.T. 
 c. 17, R. 44. 
 
 Persons 40. Any legatee interested in a legacy charged upon land 
 
 prora^ds** '" ^^^ ^^y person interested in the proceeds of land directed to be 
 of land. sold and who is entitled to a judgment or order for the adminis- 
 
 tration of the estate of a deceased person may have the same 
 without serving any other legatee or person interested in the 
 proceeds of the estate. [E. 156.] C.O.Y.T. c. 17, R. 45. 
 
Judicature. Chap. 48. 429 
 
 ■iT. Any residuary devisee or heir entitled to the like judg- Residuary 
 ment or order may have the same without serving any co- ^XTrf 
 residuary devisee or co-heir. [E. 157.] C.O.Y.T. c. 17, R. 46. °'^""'^^- 
 
 48. Any one of several cestuis qui trustent under any deed Cestuis qui 
 or instrument entitled to a judgment or order for the execution ''•"^'«"'- 
 of the trusts of the deed or instrument may have the same 
 without serving any other cestui qui trust. [E. 158. C.O.Y.T. 
 
 c. 17, R. 47. 
 
 49, In all cases of actions for the prevention of waste or Protection of 
 otherwise for the protection of property one person may sue P''°perty- 
 on behalf of himself and all persons having the same interest. 
 
 [E. 159.] C.O.Y.T. c. 17, R. 48. 
 
 oO. Any executor, administrator or trustee entitled thereto Executor, 
 may have a judgment or order against any one legatee, next administrator 
 of kin or cestui qui trust for the administration of the estate "^"^ '^^' 
 or the execution of the trusts. [E. 160.] C.O.Y.T. c. 17, R. 49. 
 
 51. The Court or a judge may require any person to be *^i.oceedin°s 
 made a party to any action or proceeding and may give the '"^""'"^ *"^^' 
 conduct of the action or proceeding to such person as he thinks 
 
 fit and may make such order in any particular case as he thinks 
 just for placing the defendant on the record on the same footing 
 in regard to costs as other parties having a common interest *^°^*s- 
 with him in the matters in question. [E. 161.] C.O.Y.T. c. 17, 
 R. 50. 
 
 52. Wherever in any action for the administration of the Judgments 
 estate of a deceased person or the execution of the trusts of °'^ °'^'^'^^^- 
 any deed or instrument or for the partition or sale of any here- 
 ditaments a judgment or an order has been pronounced or made 
 affecting the rights or interests of persons not parties to the 
 action the Court or judge may direct that any persons interested 
 
 in the estate or under the trusts or in the lands shall be served Service on 
 with notice of the judgment or order; and after such notice such ''^rti"^b°t 
 persons shall be bound by the proceedings in the same manner interested, 
 as if they had originally been made parties and shall be at 
 liberty to attend the proceedings under the judgment or order. 
 Any person so served may within one month after such service 
 apply to the Court or judge to discharge, vary or add to the 
 judgment or order. [E. 162.] C.O.Y.T. c. 17, R. 51. 
 
 53. It shall not be necessary for any person served with notice Appearance 
 of any judgment or order to obtain an order for liberty to ^' 
 attend the proceedings under such judgment or order but 
 
 such person shall be at liberty to attend the proceedings upon 
 entering an appearance in the clerk's office in the same manner 
 and subject to the same provisions as a defendant entering 
 an appearance. [E. 163.] C.O.Y.T. c. 17, R. 52. 
 
 54. A memorandum of the service upon any person of Entry to 
 notice of the judgment or order in any action under the next of service. 
 
430 
 
 Chap. 48. 
 
 Judicature. 
 
 but one preceding section shall be entered in the clerk's office 
 
 upon due proof by affidavit of such service and notice of a 
 
 Indorsement judgment or Order served pursuant to such rule shall be entitled 
 
 i*udgment. }^ *^^ action and there shall be indorsed thereon a memorandum 
 
 in the following form: 
 
 Take notice that from the time of the service of this 
 notice you {or as the case may be, the infant or person 
 of unsound mind) will be bound by the proceedings in 
 the a,bove cause in the same manner as if you {or the 
 said infant or person of unsound mind) had been origin- 
 ally made a party and that you {or the said infant or 
 person of unsound mind) may on entering an appear- 
 ance at the clerk's office attend the proceedings under 
 the within-mentioned judgment {or order) and that 
 you {or the said infant or person of unsound mind) 
 may within one month after the service of this notice 
 apply to the Court to discharge, vary or add to the 
 judgment {or order.) [E. 164 and 165.] C.O.Y.T. c. 17 
 R. 53. 
 
 Service on 55. Notice of a judgment or order on an infant or person 
 
 dSaSy "^ of unsound mind not so found by inquisition shall be served 
 
 in the same manner as a writ of summons in an action. [E. 166.1 
 
 C.O.Y.T. c. 17, R. 54. 
 
 tosts*or''wm ^®* ^^ ^^^ cause or matter to execute the trusts of a will 
 
 ■ it shall not be necessary to make the heir-at-law a party but 
 
 Parties. ^'^^ plaintiff shall be at liberty to make the heir-at-law a party 
 
 where he desires to have the will established against him. [E. 
 
 167,] C.O.Y.T. c. 17, R. 55. 
 
 Where no 57'. If in any cause, matter or other proceeding it appears 
 
 represMitetive ^^ the Court Or a judge that any deceased person who was in- 
 Courtmay terested in the matter in question has no legal personal repre- 
 or^appoLt^**^ sentative the Court or judge may proceed in the absence of any 
 representa- person representing the estate of the deceased person or may 
 appoint some person to represent his estate for all the purposes 
 of the cause, matter or other proceeding on such notice to such 
 person (if any) as the Court or judge thinks fit either specially 
 or generally by public advertisement and the order so made and 
 any order consequent thereon shall bind the estate of the de- 
 ceased person in the same manner in every respect as if a diily 
 constituted legal personal representative of the deceased had 
 been a party to the cause, matter or proceeding. [E. 168.] 
 C.O.Y.T. c. 17, R. 56. 
 
 tive. 
 
 Adminis- 
 tration. 
 
 Appearance 
 at chambers 
 in respect 
 of creditors' 
 claims. 
 
 58. In any cause or matter for the administration of the 
 estate of a deceased person no party other than the executor 
 or adniinistrator shall unless by leave of the Court or a judge 
 be entitled to appear either in court or in chambers on the 
 claims of any person not a party to the cause or matter against 
 the estate of the deceased person in respect of any death or 
 liability. The Court or a judge may direct or give liberty to 
 any other party to the cause or matter to appear either in 
 
Judicature. Chap. 48. 431 
 
 addition to or in the place of the executor or administrator 
 upon such terms as to costs or otherwise as they or he thinks fit. 
 [E. 169.] C.O.Y.T. c. 17, R. 57. 
 
 IV. — Constitutional Questions. 
 
 5®. Wherever in any cause, matter or proceeding depending Questions 
 in the Territorial Court any question is raised as to the validity [nYolving 
 or constitutionality of any Ordinance of the Territory or when- validity of 
 ever it is sought to have any Ordinance of the Territory declared Ordinances, 
 or held ultra vires the party so raising or intending to raise such a 
 question shall forthwith give notice to the Legal Adviser for 
 the Territory accompanied by a copy of the pleadings or such 
 other documents as may be necessary to clearly indicate the 
 circumstances under which such question arises; and the Legal i^°*i°adviser 
 Adviser or his agent shall be entitled to intervene and to be 
 heard on the argument of such question; and whenever it ap- 
 pears to the Court or judge that any such question arises in any 
 cause, matter or proceeding the Court or judge shall not decide 
 such question until the Legal Adviser is so notified and given 
 an opportunity of being heard by the Court or judge by himself 
 or his agent. C.O.Y.T. c. 17, R. 58. 
 
 V. — Third Party Procedure. 
 
 60. Where a defendant claims to be entitled to contribution Notice to 
 or indemnity over against any person not a party to the action ^^'^ ^' 
 he may by leave of the Court or a judge to be obtained ex parte 
 
 issue a notice (hereinafter called the third party notice) to that 
 effect stamped with the seal with which writs of summons are 
 sealed; a copy of such notice shall be filed with the clerk and 
 served on such person according to the rules relating to the Filing and 
 service of writs of summons. The notice shall state the nature service. 
 and grounds of the claim and shall unless otherwise ordered by 
 the Court or a judge be served within the time limited for deliver- 
 ing his defence and therewith shall be served a copy of the state- 
 ment of claim and a copy of the writ of summons in the action. 
 [E. 170.] C.O.Y.T. c. 17, R. 59. 
 
 61. If a person not a party to the action who is served as Appearance 
 mentioned in the 'next preceding rule (hereinafter called the •'^^^"^^p^'^*^- 
 third party) desires to dispute the plaintiff's claim in the action 
 
 as against the defendant on whose behalf the notice has been 
 
 given or his own Uability to the defendant the third party shall 
 
 enter an appearance in the action within ten days from the service 
 
 of the notice. In default of his so doing he shall be deemed to ad- Admission by 
 
 mit the vaUdity of the judgment obtained against such de- ^on-appear- 
 
 fendant whether obtained by consent or otherwise and his own ^'""'' 
 
 liability to contribute or indemnify as the case may be to the 
 
 extent claimed in the third party notice: 
 
 Provided always that a person so served and failing to appear Leave to 
 within the said period of ten days may apply to the Court or a ^Pfl^^^^"'''' 
 judge for leave to appear and such leave may be given upon 
 
432 
 
 Chap. 48. 
 
 Judicature. 
 
 Defendant 
 suffering 
 judgment by 
 default. 
 
 Rights 
 against third 
 party. 
 
 Plaintiff 
 
 succeeding, 
 
 Judgment for 
 
 defendant 
 
 against 
 
 non-appearing 
 
 third party. 
 
 Proviso as 
 to issue of 
 execution . 
 
 Third party 
 appearing. 
 
 Application 
 for directions 
 
 What 
 directions 
 may be given. 
 
 such terms if any as the Court or judge thinks fit. [E. 171.] 
 C.O.Y.T. c. 17, R. 60. 
 
 62. Where a third party makes default in entering an ap- 
 pearance in the action in case the defendant giving the notice 
 suffers judgment by default he shall be entitled at any time after 
 satisfaction of the judgment against himself or before such sa- 
 tisfaction by leave of the Court or a judge to enter judgment 
 against the third party to the extent of the contribution or 
 indemnity claimed in the third party notice: 
 
 Provided that it shall be lawful for the Court or a judge to 
 set aside or vary such judgment upon such terms as seems just. 
 [E. 172.] C.O.Y.T. c. 17, R. 61. 
 
 63. Where a third party makes default in entering an ap- 
 pearance in the action in case the action is tried and results 
 in favour of the plaintiff the judge who tries the action may at 
 or after the trial order the entry of such judgment as the nature 
 of the case requires for the defendant giving the notice against 
 the third party : 
 
 Provided that execution thereof shall not be issued without 
 leave of the judge until after satisfaction by such defendant of 
 the verdict or judgment against him; and if the action is finally 
 decided in the plaintiff's favour otherwise than by trial the Court 
 or a judge may on application order such judgment as the nature 
 of the case requires to be entered for the defendant giving the 
 notice against the third party at any time after satisfaction by 
 the defendant of the amount recovered by the plaintiff against 
 him. [E. 173.1 C.O.Y.T. c. 17, R. 62. 
 
 64. If a third party appears pursuant to the third party 
 notice the defendant giving the notice or such third party may 
 apply to the Court or a judge for directions and the Court or 
 judge upon the hearing of such application, may if satisfied that 
 there is a question proper to be tried as to the liability of the 
 third party to make the contribution or indemnity claimed in 
 whole or in part order the question of such liability as between 
 the third party and the defendant giving the notice to be tried 
 in such manner at or after the trial of the action as the Court or 
 judge directs; and if not so satisfied may order such judgment 
 as the nature of the case requires to be entered in favour of the 
 defendant giving the notice against the third party. [E. 174.] 
 C.O.Y.T. c. 17, R. 63. 
 
 65. The Court or judge upon the hearing of the application 
 mentioned in the next preceding rule may if it appears desirable 
 to do so give the third party liberty to defend the action upon 
 such terms as are just or to appear at the trial and take such part 
 therein as is just and generally may order such proceedings to be 
 taken, documents to be delivered or amendments to be made and 
 give such directions as to the Court or judge appears proper for 
 having the question most conveniently determined and as to the 
 mode and extent in or to which the third party shall be bound 
 or made liable by the judgment in the action. [E. 175.] CO. 
 Y.T. c. 17, R. 64. 
 
Jtidicature. Chap. 48. 433 
 
 <»6. The Court or a judge may decide all questions of costs Costs, 
 as between a third party and the other parties to the action and 
 may order any one or more to pay the costs of any other or 
 others or give such directions as to costs as the justice of the case 
 requires. [E. 176.] C.O.Y.T. c. 17, R. 65. 
 
 G7. Where a defendant claims to be entitled to contribu- Defendant 
 tion or indemnity against any other defendant to the action a a'^^^g"^ 
 notice may be issued and the same procedure shall be adopted co-defendant, 
 for the determination of such questions between the defendants 
 as would be issued and taken against such other defendant if 
 such last mentioned defendant was a third party; but nothing 
 herein contained shall prejudice the rights of the plaintiff against 
 any defendant in the action. [E. 177.] C.O.Y.T. c. 17, R. 66. 
 
 68. A plaintiff is not to be unnecessarily delayed in re- Plaintiff not 
 covering his claim by reason of the questions between defendants by questions 
 in which the plaintiff is not concerned; and the judge is to give between 
 such direction as may be necessary to prevent such delay of the defendants. 
 plaintiff where this can be done on terms or otherwise without 
 injustice to the defendants. C.O.Y.T. c. 17, R. 67. 
 
 VI. — Change of Parties. 
 
 69. A cause or matter shall not become abated by reason Noabatement 
 of the marriage, death or insolvency of any of the parties if ^ aodon"^'' 
 the cause of action survives or continues and shall not become continues. 
 defective by the assignment, creation or devolution of any 
 
 estate or title pendente lite; and whether the cause of action 
 survives or not there shall be no abatement by reason of the Judgment 
 death of either party between the verdict or finding of the issues ^f^l^ ver^d^ct. 
 of fact and the judgment; but judgment may in such case 
 be entered notwithstanding the death. [E. 178.] C.O.Y.T. 
 c. 17, R. 68. 
 
 TO. In case of the marriage, death or assignment or devo- Adding 
 lution of the estate by operation of law of any party to a cause successors 
 or matter the judge may if it is deemed necessary for the com- in interest. 
 plete settlement of all the questions involved order that the 
 husband, personal representative, trustee or other successor 
 in interest, if any, of such party be made a party in such manner 
 and on such terms as the judge thinks just and make such order 
 for the disposal of the cause or matter as is just. [E. 179.] 
 C.O.Y.T. c. 17, R. 69. 
 
 71. In case of an assignment, creation or devolution of any Continuation 
 estate or title pendente lite the cause or matter may be continued ^here change 
 by or against the person to or upon whom such estate or title has of interest. 
 come or devolved. [E. 180.] C.O.Y.T. c. 17, R. 70. 
 
 72. Where by reason of marriage, death or assignment or ^^^^1^^^^^^.^ 
 any other event occurring after the commencement of a cause change ot ""^^ 
 or matter and causing a change or transmission of interest interest. 
 
 70263—28 
 
434 
 
 Chap. 48. 
 
 Judicature. 
 
 or liability or by reason of any person interested coming into 
 existence after the commencement of the cause or matter it 
 becon^es necessary or desirable that any person not already a 
 party should be made a party or that any person already a 
 party should be made a party in another capacity the judge may 
 order that the proceedings shall be carried on between the con- 
 tinuing parties and such new party or parties in such manner and 
 on such terms as are thought proper. [E. 181.] C.O.Y.T. c. 17, 
 R. 71. 
 
 Applications 
 ex parte. 
 
 Service of 
 order. 
 
 73. Applications under rules 70 and 72 may be made ex parte. 
 C.O.Y.T. c. 17, R. 72. 
 
 74:. An order so obtained shall unless the Court or judge 
 otherwise directs be served upon the continuing party or parties 
 or their solicitors and also upon each such new party unless the 
 person making the application is himself the only new party and 
 the order shall from the time of such service subject nevertheless 
 to the next two following rules be binding on the person served 
 therewith and every person served therewith who is not already a 
 party to the cause or matter shall be bound to enter an appear- 
 ance thereto within the same time and in the same manner as if 
 he had been served with a writ of summons. [E. 182.] CO. 
 Y.T. c. 17, R. 73. 
 
 Application 
 to discharge 
 order. 
 
 Application 
 to discharge 
 order. 
 
 75. Where any person who is under no disability or under 
 no disability other than coverture or being under any disa- 
 bility other than coverture but having a guardian ad litem in 
 the cause or matter is served with such order such person may 
 apply to the Court or judge to discharge or vary such order at 
 any time within twelve days from the service thereof. [E. 183.] 
 C.O.Y.T. c. 17, R. 74. 
 
 76. • Where any person being under any disability other than 
 coverture and not having a guardian ad litem in the cause or 
 matter is served with any such order such person may apply to 
 the Court or a judge to discharge or vary such order at any time 
 within twelve days from the appointment of a guardian ad 
 litem for such party and until such period of twelve days has 
 expired such order shall have no force or effect as against such 
 last mentioned person. [E. 184.] C.O.Y.T. c. 17, R. 75. 
 
 Death of sole 77. When the plaintiff or defendant in a cause or matter 
 deTendfnt^ ^^^^ ^^'^ '^^^ cause of action survives but the person entitled 
 to proceed fails to proceed on application of the defendant 
 (or the person against whom the cause or matter may be con- 
 tinued) the judge may order the plaintiff (or the person entitled 
 to proceed) to proceed within a given period and in default 
 of such proceeding judgment may be entered for the defendant, 
 or as the case may be, for the person against whom the cause 
 or matter might have been continued. [E. 185.] C.O.Y.T. 
 c. 17, R. 76. 
 
 Omission 
 to proceed 
 with cause. 
 
Judicature. Chap. 48. 43.5 
 
 78. Where any cause or matter becomes abated or in the Solicitor for 
 case of any such change of interest as is by this order provided Plaintiff to 
 for the solicitor for the plaintiff or person having the conduct of IbrtemenT, 
 the cause or matter as the case may be shall certify the fact «*«■ 
 to the proper officer who shall cause an entry thereof to be made 
 m the procedure book opposite to the name of such cause or 
 matter. [E. 186.] C.O.Y.T. c. 17, R. 77. 
 
 ORDER VII. 
 
 JOINDER OF CAUSES OF ACTION. 
 
 t9. A plaintiff may unite in the same action several causes Uniting 
 of action; but if it appears to the judge that any such causes aotfo^n °^ 
 of action cannot be conveniently tried or disposed of together 
 he may order separate trials of any such causes of action to be 
 had or may make such other order as is necessary or expedient 
 for the separate disposal thereof or may order any such causes Disposal 
 of action to be excluded and consequential amendments to be ^^^^^^ ® ^■ 
 made. [E. 188 and 196.] C.O.Y.T. c. 17, R. 76. 
 
 ORDER VIII. 
 
 APPEARANCE. 
 
 80. Within the time limited for appearance by the writ Entry of 
 
 of summons or afterwards before the plaintiff has taken any by''defendant 
 further step in the cause if the defendant or if there be more 
 than one defendant in the action a defendant desires to contest 
 the plaintiff's claim and defend the action he shall by himself 
 or his solicitor enter an appearance in the office of the clerk 
 whence the writ of summons issued and within six days there- 
 after or such further time as may by order of the judge be -^'^^"^ ^"J^ 
 allowed for the purpose file in the clerk's office a statement defence. 
 irf defence and serve a copy thereof on the plaintiff or his solicitor. 
 C.O.Y.T. c. 17, R. 79. 
 
 81. Upon or with every appearance when entered a memo- Indorsement 
 randum in writing shall be indorsed or attached giving the o" appearance, 
 defendant's address or the address of his solicitor if he defends 
 
 by solicitor; and if the defendant or his solicitor resides over 
 
 three miles from the clerk's office naming an address within 
 
 three miles of the clerk's office where documents in the suit Address for 
 
 requiring service upon him may be left, such place to be known service. 
 
 and designated as his "address for service. " [E. 80.] C.O.Y.T. 
 
 c. 17, R. 80. 
 
 82. Where no appearance has been entered for a party Service where 
 all orders, notices, papers, documents in or relating to the o°„^o^^ddre"sf 
 action may unless otherwise ordered by a judge be served by for service or 
 
 70263—28* false address. 
 
436 Chap. 48. Judicature. 
 
 posting up the same or a copy thereof in the clerk's office; and 
 where the address mentioned in the next preceding rule is not 
 given all such orders, notices, papers and documents may be 
 served in like manner; but if an address is supplied and such 
 address is illusory or fictitious the judge may on application 
 of the plaintiff direct the manner in which such orders, notices, 
 papers and documents may be served. [E. 82.] C.O.Y.T. c. 
 17, R. 81. 
 
 Recovery 83. Any person not named as a defendant in a writ of 
 
 otland. summons in an action for the recovery of the possession of 
 
 Appearance land, may by leave of the judge appear and defend on filing 
 defendant"" an affidavit showing that he is in possession of the land either 
 by himself or by his tenant. [E. 95.] C.O.Y.T. c. 17, R. 82. 
 
 appear'M *° ®^* ^"^^ person appearing to defend an action for the 
 
 such. recovery of the possession of the land as laiidlord in respect 
 
 of property whereof he is in possession only by his tenant 
 
 shall state in his appearance that he appears as landlord. [E. 
 
 96.] C.O.Y.T. c. 17, R. 83. 
 
 ^bt'fi ^^* Where a person not named as defendant in any writ 
 
 °eave"to^ of summons for the recovery of the possession of land has 
 defend obtained leave of the judge to appear and defend he shall 
 
 proceedhigs. comply with the provisions of this order in respect of defendants 
 appearing and defending and in all subsequent proceedings 
 be named as a party defendant. [E. 97.] C.O.Y.T. c. 17, R. 84. 
 
 b'^r ""'t "d**^ 86. Any person appearing to a writ of summons for the 
 to part of recovery of the posession of land shall be at liberty to limit 
 property. his defence to a part only of the property mentioned in the 
 writ describing that part with reasonable certainty in his 
 appearance and an appearance where the defence is not limited 
 as above mentioned shall be deemed an appearance to defend 
 for the whole. [E. 98.] C.O.Y.T. c. 17, R. 85. 
 
 sret'aside°wrH ®'^* ^ defendant before appearing shall be at liberty to 
 
 or service. apply to a judge to set aside the service of the writ upon him, 
 
 to discharge or set aside the order authorizing such service 
 
 or to set aside the writ on the ground of irregularity or otherwise. 
 
 C.O.Y.T. c. 17, R. 86. 
 
 ORDER IX. 
 
 DEFAULT OF APPEARANCE. 
 
 Default of 88. Where no appearance has been entered to a writ of 
 
 iSant'^or "** ^^ summons for a defendant who is an infant or a person of unsound 
 person of mind not so found by inquisition the plaintiff shall before further 
 unsound mind, proceeding with the action against the defendant apply to the 
 Court or judge for an order that some proper person be assigned 
 
Judicature. Chap. 48. 437 
 
 guardian of such defendant by whom he may appear and defend 
 the action; but no such order shall be made unless it appears 
 on the hearing of such application that the writ of summons was 
 duly served and that notice of such application was after the 
 expiration of the time allowed for appearance and at least six 
 clear days before the day in such notice named for hearing the 
 application served upon or left at the dwelling house of the person 
 with whom or under whose care such defendant was at the time 
 of serving such writ of summons and also (in the case of such 
 defendant being an infant not residing with or under the care 
 of his father or guardian) served upon or left at the dwelling 
 house of the father or guardian if any of such infant unless the 
 Court or judge at the time of hearing such application shall 
 dispense with such last m_entioned service. [E. 101.] C.O.Y.T. 
 c. 17, R. 87. 
 
 8?>. When any defendant fails to appear to a writ of summons Writ and 
 and the plaintiff is desirous of proceeding upon default of tervierto* 
 appearance he shall before taking such proceeding upon default be filed, 
 file the writ (or an order dispensing with such "filing) with an 
 affidavit of service or of compliance with any order for sub- 
 stitutional service as the case may be. [E. 102.] 
 
 2. It shall not be necessary on signing judgment in default Affidavit of 
 of appearance to file any affidavit of default. neceLary°* 
 
 3. Where service is made within the jurisdiction the affidavit 
 of service shall state the distance of the place of service from the 
 clerk's office whence the writ issued. C.O.Y.T. c. 17, R. 88. 
 No. 22 of 1903, s. 14. 
 
 90. Where the plaintiff's claim is for a debt or liquidated Claim 
 demand only and the defendant fails or all the defendants iifi"'dated. 
 if more than one fail to appear thereto the plaintiff may after 
 the time limited for appearance has elapsed enter final judgment 
 for any sum not exceeding the sum claimed in the action together 
 with legal interest and costs of suit. [E. 103.] C.O.Y.T. c. 17, 
 R. 89. 
 
 SI. Where the plaintiff's claim is for a liquidated demand Liquidated 
 and there are several defendants of whom one or more appear demand, 
 and another or others of them fail to appear the plaintiff may Several 
 enter final judgment as in the next preceding rule agamst such »«"«»" 's. 
 as have not appeared and may issue execution upon such 
 judgment without prejudice to his right to proceed with the 
 action against such as have appeared. [E. 104.] C.O.Y.T. 
 c. 17, R. 90. 
 
 92. Where the plaintiff's claim is for detention of goods c^ai^^ ^^^ 
 and pecuniary damages or either of them and the defendant dauiageg. 
 fails or all the defendants if more than one fail to appear on 
 application of the plaintiff the judge may assess the value ^o";^^^^^ 
 or amount of damages or either of them or order that they 
 shall be ascertained in any way he directs and judgment shall 
 be entered thereupon with costs of suit. [E. 105.] C.O.Y.T. 
 c. 17, R. 91. 
 
438 
 
 Chap. 48. 
 
 Judicature. 
 
 Striking out 
 
 appearing 
 
 defendants. 
 
 93. Where in an action for detention of goods and pecuniary- 
 damages or either of them there is more than one defefidant 
 and one or more of such defendants have appeared while one 
 or other of the defendants have not the judge on application 
 of the plaintiff may order the striking out of any one or more 
 of the defendants who has or have appeared on payment of 
 costs or otherwise as may be considered just and allow the 
 plaintiff to proceed with his action against the defendant or 
 defendants who has or have not appeared. C.O.Y.T. c. 17, 
 R. 92. 
 
 Interlocutory 
 judgment 
 against 
 non- 
 appearing 
 defendants. 
 
 94. Where the plaintiff's claim is for detention of goods and 
 pecuniary damages or either of them and there are several 
 defendants of whom one or more appear to the writ and another 
 or others of them fail to appear the plaintiff may sign inter- 
 locutory judgment against the defendant or defendants so 
 failing to appear and on application of the plaintiff the value 
 of the goods and the damages or either of them as the case 
 may be shall be assessed as against the defendant or defendants 
 failing to appear at the same time as the trial of the action or 
 issue therein against the other defendant or defendants unless 
 the judge otherwise directs. [E. 106.] C.O.Y.T. c. 17, R. 93. 
 
 Claim, 
 detinue and 
 liquidated 
 demand . 
 
 95. When the plaintiff's claim is for detention of goods 
 and pecuniary damages or either of them and also for a liquidated 
 demand and any defendant fails to appear to the writ the plain- 
 tiff may enter final judgment for the debt or liquidated demand, 
 interest or costs against the defendant or defendants failing to 
 appear and proceed as mentioned in such of the rules of this 
 order as are applicable. [E. 107.] C.O.Y.T. c. 17, R. 94. 
 
 Claim 
 recovery 
 of land . 
 
 96. In case no appearance is entered in an action for the 
 recovery of land within the time limited for appearance, or if 
 an appearance is entered but the defence is limited to part only 
 the plaintiff shall be at liberty to enter a judgment that the 
 person whose title is asserted in the writ shall recover possession 
 of the land or of the part thereof to which the defence does not 
 apply with or without costs as the judge orders. [E. 108.] 
 C.O.Y.T. c. 17, R. 95. 
 
 Claim, mesne 97. When the plaintiff's statement of claim is for mesne 
 or°^a*mages Pi'ofits, arrears of rent or damages for breach of contract and 
 and recovery also for the recovery of land he may enter judgment as in the 
 of land. next preceding rule mentioned for the land and may proceed 
 
 as in the other preceding rules mentioned as to such other claim. 
 
 [E. 109.] C.O.Y.T. c. 17, R. 96. 
 
 Claim: 98. Where the action is in respect of a mortgage, lien or 
 
 foreclosure, charge and the plaintiff claims foreclosure or sale or redemption, 
 red^emption or or where the action is for the administration of an estate or 
 adminis- partition the plaintiff if the defendant does not appear shall be 
 
 entitled to such a judgment upon such evidence as the judge 
 
 orders. C.O.Y.T. c. 17, R. 97. 
 
 tration . 
 
Judicature. Chap. 48. 439 
 
 99. In any other action upon default of appearance by one Judgment in 
 or more defendants the plaintiff may apply ex parte to a judge °°^' 
 for an order for judgment and the judge shall order such judg- 
 ment to be entered as the plaintiff appears entitled to with or 
 without evidence of the truth of the statement of claim (which 
 
 may be given viva voce or by affidavit) in the discretion of the 
 judge. C.O.Y.T. c. 17, R. 98. 
 
 100. Any judgment entered upon default of appearance or Setting aside 
 in delivering any pleading or in compliance with any order may d'eflSr.'' ^ 
 be set aside or varied by the Court or judge upon such terms as 
 
 &vd just. [E. 110.] C.O.Y.T. c. 17, R. 99. 
 
 101. Where in an action there are several defendants of Where several 
 whom one or more have been served and another or others of ^^^^ ^g^' 
 them have not, the Court or judge may order the striking out of served. 
 
 the defendant or defendants not served and allow the plaintiff 
 to proceed with his action against the defendant or defendants 
 served on payment of costs or otherwise as is considered just. 
 C.O.Y.T. C. 17, R. 100. 
 
 103. Any order made by the judge under any of the rules Setting aside 
 of this order and any judgment entered pursuant to such order or<to'?or^ 
 may be set aside or varied by the judge or the Court upon such judgments, 
 terms as are just. [E. 110.] C.O.Y.T. c. 17, R. 101. 
 
 ORDER X. 
 
 STRIKING OUT APPEARANCE. 
 
 103. Where the action is brought to recover a debt or^ a ^PP'^°f„t'iff to 
 liquidated demand and the defendant or one or more of the st^irout 
 defendants if there are several defendants has or have appeared appearance 
 the plaintiff or one of the plaintiffs if more than one may on ^^^H^^^ 
 affidavit of himself or of any other person who swears positively 
 to the facts verifying the cause of action and the amount clainaed 
 and stating that in his belief there is no defence to the action 
 apply to the judge for leave to enter final judgment for the j^^ ^^^ 
 amount of the claim or the amount so verified as due the plaintiff unless defence 
 together with interest (if any) and costs; and the judge may shown, 
 thereupon unless the defendant by affidavit or otherwise satisfies 
 him that he has a good defence to the action on the merits or 
 disclose such facts as are deemed sufficient to entitle him to 
 defend make an order empowering the plaintiff to enter judg- 
 ment accordingly. . . 
 
 2. If on the hearing of the application under this rule it Y^'^^f^'*^*^'^ 
 appears that a cause or causes of action other than for a debt included, 
 or a liquidated deihand have been joined therewith the judge 
 may if he thinks fit forthwith amend the statement of claim by 
 striking out such other cause or causes of action or may deal 
 with such claims for debts or hquidated demands as if no other 
 claim had been joined in the action and allow the action to 
 
440 
 
 Chap. 48. 
 
 Judicature. 
 
 proceed as respects the cause or causes of action other than for 
 -such debt or liquidated demand. [E. 115.] C.O.Y.T. c. 17, 
 R. 102. 
 
 Defendant 
 may show 
 cause. 
 
 Summons. 104:. The application by the plaintiff under the next pre- 
 
 ceding rule shall be by notice. A copy of the notice and copies 
 
 Affidavits. of affidavits and exhibits referred to therein (unless service of 
 copies of such exhibits is dispensed with by the judge) shall be 
 served at least four clear days before the notice is returnable 
 unless such time be abridged by a judge. [E. 116.] C.O.Y.T. 
 c. 17, s. 103. No. 22 of 1903, s. 15. 
 
 105. The defendant may show cause against such appli- 
 cation by affidavit of himself or some one who swears positively 
 to the facts or by offering to bring into court the amount claimed 
 in the action. If by affidavit such affidavit shall state w^hether 
 the defence alleged goes to the whole or to part only and if so 
 what part of the plaintiff's claim; and the judge may if he thinks 
 fit order the defendant or whoever makes the affidavit on his 
 behalf or in the case of a corporation any officer thereof to attend 
 and be examined on oath and to produce any letters, books or 
 documents or copies of or extracts therefrom. [E. 117.] CO. 
 Y.T. c. 17, R. 105. 
 
 106. If it appears that the defence set up by the defendant 
 applies only to a part of the plaintiff's claim or that any part 
 of the claim is admitted the plaintiff may have judgment 
 forthwith for such part of his claim as the defence does not 
 apply to or is admitted subject to such terms (if any) as to 
 suspending execution or otherwise as the judge orders and the 
 defendants may be allowed to defend as to the residue of the 
 plaintiff's claim. [E. 118.] C.O.Y.T. c. 17, R. 105. 
 
 One defendant 107'. If it appears to the judge that any defendant has a 
 permitted good defence or ought to be permitted to defend the action 
 to defend and that any other defendant has not such defence and ought 
 and judgment not to be permitted to defend the former may be permitted 
 againstother. ^^ defend and the plaintiff shall be entitled to have final judg- 
 ment against the latter and have execution thereon without 
 prejudice to his right to proceed with his action against the 
 former. [E. 119.] C.O.Y.T. c. 17, R. 106. 
 
 Conditional 108. Leave to defend may be given unconditionally or 
 d*end*° subject to such terms as to giving security or time and mode 
 
 of trial or otherwise as the judge thinks fit. [E. 120.] C.O.Y.T. 
 
 c. 17, R. 107. 
 
 Cross 
 examination . 
 
 Defendant 
 admitting 
 or failing 
 to meet 
 application 
 as to part. 
 
Judicature. Chap. 48. 441 
 
 ORDER XL 
 
 PLEADING GENERALLY. 
 
 lOO. Every pleading shall contain and contain only a Pleading to 
 statement in a summary form of the material facts on which ^^^ ^^^^'^ 
 the party relies for his claim or defence as the case may be evidence, 
 but not the evidence by which they are to be proved and shall 
 when necessary be divided into paragraphs numbered con- p^^. 
 secutively. Dates, sums, and numbers shall be expressed in FigureTto bo 
 figures and not in words. [E. 200.] C.O.Y.T. c. 17, R. 108. "se^. 
 
 no. A defendant in an action may set off or set up by way of Set-off and 
 counterclaim against the claims of the plaintiff any right or •'^"'iterclaim. 
 claim whether such set-off or counterclaim sounds in damages 
 or not and such set-off or counterclaim shall have the same 
 effect as a cross action so as to enable the judge to pronounce 
 a final judgment in the same action both on the original and cross 
 claim; but the judge may on application of the plaintiff before 
 trial if in his opinion such set-off or counterclaim cannot be 
 conveniently disposed of in the pending action or ought not striking out. 
 to be allowed refuse permission to the defendant to avail himself 
 thereof; and if in any case in which the defendant sets up a Proceeding 
 counterclaim the action of the plaintiff is stayed, discontinued ^''.'^ ^f*^' 
 or dismissed the counterclaim may nevertheless be proceeded disponed of 
 with. [E. 199 and 249.] C.O.Y.T. c. 17, R. 109. 
 
 111. Where a counterclaim is pleaded a reply thereto shall Kepiy to 
 be subject to tha rules applicable to statements of defence, counterclaim. 
 C.O.Y.T. c. 17, R. 110. 
 
 113. A further and better statement of the nature of the Further 
 claim or defence (or written proceeding requiring particulars) particulars. 
 may in all cases be ordered upon such terms as are just; but the 
 order therefor shall not per se operate as a stay of proceedings 
 or give any extension of time. [E. 203 and 204.] C.O.Y.T. 
 e. 17, R. 111. 
 
 113. Nothing in this Ordinance shall affect the right of Not guilty by 
 any defendant to plead not guilty by statute; but if the defen- ^t^t^t^- 
 dant so pleads he shall not plead any other defence to the same 
 
 cause of action without the leave of the judge and every plea 
 of not guilty by statute shall have the same effect as 
 a plea of not guilty by statute has heretofore had. [E. 208.] 
 C.O.Y.T. c. 17, R. 112. 
 
 114. Every allegation of fact in any pleading not being a Allegations 
 petition or summons if not denied specifically or by necessary lf^^^l_ 
 implication or stated to be not admitted m the pleading of the 
 opposing party shall be taken to be admitted except as against 
 
 an infant, lunatic or person of unsound mind not so found 
 judicially. [E. 209.] C.O.Y.T. c. 17, R. 113. 
 
M2 
 
 Chap. 48. 
 
 Judicature. 
 
 All grounds 
 of defence or 
 answer to 
 be raised . 
 
 Departure. 
 
 preoedenr US* Any condition precedent the performance or occurrence 
 
 of which is intended to be contested shall be distinctly specified 
 in his pleading by the plaintiff or defendant as the case may be; 
 and subject thereto an averment of the performance or occur- 
 rence of all conditions precedent necessary for the case of the 
 plaintiff or defendant shall be implied in his pleadings. [E. 210.] 
 C.O.Y.T. c. 17, R. 114. 
 
 116. The defendant or plaintiff as the case may be must 
 raise by his pleadings all matters which show the action or 
 counterclaim not to be maintainable or that the transaction 
 is either void or voidable in point of law and all such grounds 
 of defence or reply as the case may be as if not raised would be 
 likely to take the opposite party by surprise or would raise 
 issues of fact not arising out of the preceding pleadings. [E. 211.] 
 C.O.Y.T. c. 17, R. 115. 
 
 117. No pleading not being a petition or summons shall 
 except by way of amendment raise any new ground of claim 
 or contain any allegation of fact inconsistent with the previous 
 pleadings of the party pleading the same. [E. 212.] C.O.Y.T. 
 c. 17, R. 116. 
 
 118._ It shall not be sufficient for a defendant in his state- 
 ment of defence to deny generally the grounds alleged by the 
 plaintiff's statement of claim or for the plaintiff in his reply to 
 deny generally the grounds alleged in a defence by way of counter 
 claim but each party shall deal specifically with each allegation 
 of fact of which he does not admit the truth except damages. 
 [E. 213.] C.O.Y.T. c. 17, R. 117. 
 
 119. When a party in a pleading denies an ' allegation of 
 fact in the previous pleading of the opposite party he shall not 
 do so evasively but answer the point of substance. Thus if it is 
 alleged that he received a certain sum of money it shall not be 
 sufficient to deny that he received that particular amount but 
 he must deny that he received that sum or any part thereof or 
 else set out how much he received. And if an allegation is made 
 with divers circumstances it shall not be sufficient to deny it 
 along with those circumstances. [E. 215.] C.O.Y.T. c. 17, R. 
 118. 
 
 120. When a contract, promise or agreement is alleged in 
 any pleading a bare denial of the same by the opposite party 
 shall be construed only as a denial of fact of the express contract, 
 promise or agreement alleged or of the matters of fact from which 
 the same may be implied by law and not as a denial of the legality 
 or sufficiency in law of such contract, promise or agreement 
 whether with reference to the Statute of Frauds or otherwise. 
 [E. 216.] C.O.Y.T. c. 17, R. 119. 
 
 Effect of 131. Whenever the contents of any documents are material 
 
 may™e°*^ it shall be sufficient in any pleading to state the effect thereof 
 alleged. as briefly as possible without setting out the whole or any part 
 
 Denials must 
 be specific. 
 
 Damages. 
 
 Pleadings 
 must answer 
 point of 
 substance 
 and not be 
 evasive. 
 
 Denial of 
 contract. 
 
Judicature. Chap. 48. 443 
 
 thereof unless the precise words of the documents or any part 
 thereof are material. [E. 217.] C.O.Y.T. c. 17, R. 120. 
 
 122. Whenever it is material to allege malice, fraudulent Allegation of 
 mtention, knowledge or other condition of the mind of any ^^^^f •Z''''"'^' 
 person it shall be sufficient to allege the same as a fact without eto.^ ^^' 
 setting out the circumstances from which the same is to be 
 inferred. [E. 218.] C.O.Y.T. c. 17, R. 121. 
 
 123. Whenever it is material to allege notice to any person Allegation 
 of any fact, matter or thing it shall be sufficient to allege such had*notfcT 
 notice as a fact unless the form or the precise terms of such notice 
 
 or the circumstances from which Such notice is to be inferred are 
 material. [E. 219,] C.O.Y.T. c. 17, R. 122. 
 
 124. Whenever any contract or any relation between any Contract or 
 persons is to be implied from a series of letters or conversa- j^^jj°^ f^^j^ 
 tions or_ otherwise from a number of circumstances it shall iSters, etc.™ 
 be sufficient to allege such contract or relation as a fact and 
 
 to refer generally to such letters, conversations or circum- 
 stances without setting them out in detail; and if in such case the 
 person so pleading desires to rely in the alternative upon more 
 contracts or relations than one as to be implied from such cir- Alternatives, 
 cumstances he may state the same in the alternative. [E. 220.] 
 C.O.Y.T. c. 17, R. 123. 
 
 125. Neither party need in any pleading allege any matter Presumptions 
 of fact which the law presumes in his favour or as to which the ° ^^' 
 biirden of proof lies upon the other side unless the same has 
 
 first been specifically denied. [E. 221.] C.O.Y.T. c. 17, R. 124. 
 
 126. No technical objection shall be raised to any pleading on Wa°t of form, 
 the ground of any alleged want of form. [E. 222.] C.O.Y.T. 
 
 c. 17, R. 125. 
 
 127. The judge may at any stage of the proceedings order to Unnecessary, 
 be struck out or amended any matter in any statement or plead- embarrassing 
 ing which may be unnecessary or scandalous or which may tend matter. 
 
 to prejudice, embarrass or delay the fair trial of the action with 
 or without costs to be paid by the party so offending. [E. 223.] 
 C.O.Y.T. c. 17, R. 126. 
 
 128. In case of any action founded upon a bill of exchange ^°^\°^ . 
 or other negotiable instrument the judge may order that the loss fn?tmment. 
 of such instrument shall not be set up provided such indemnity 
 
 as he approves of is given against the claims of any other person 
 upon such negotiable instrument. C.O.Y.T. c. 17, R. 127. 
 
 129. Every statement or pleading may be either printed or ^^^^^^ 
 written or partly written and partly printed. [E. 205.] CO. printed. 
 Y.T. c. 17, R. 128. 
 
444 
 
 Chap. 48. 
 
 Judicature. 
 
 . ORDER XII. 
 
 PAYMENT INTO AND OUT OF COURT AND TENDER. 
 
 1 3©. Where any action is brought to recover a debt or dam- 
 ages any defendant may before or at the time of delivering his 
 defence or at any later time by leave of the Court or a judge pay 
 into court a sum of money by way of satisfaction which shall be 
 taken to admit the claim or cause of action in respect of which the 
 payment is made; or he may with a defence denying liability 
 (except in actions or counterclaims for libel or slander) pay 
 money into court which shall be subject to the provisions of 
 rule 135 hereof. [E. 255.] C.O.Y.T. c. 17, R. 129. 
 
 Defence to 131. Payment into court shall be signified in the defence 
 
 state payment ^^^ ^^^q claim or cause of action in satisfaction of which such 
 
 payment is made shall be specified therein. [E. 256.] C.O.Y.T. 
 
 c. 17, R. 130. 
 
 Payment into 
 court — 
 
 (1) as 
 satisfaction 
 
 (2) with 
 defence 
 denying 
 liability. 
 
 Tender before 
 action. 
 
 133. With a defence setting up a tender before action' the 
 sum of money alleged to have been tendered shall be brought 
 into court. [E. 257.] C.O.Y.T. c. 17, R. 131. 
 
 Payment 
 before 
 delivery of 
 defence, 
 notice to be 
 served. 
 
 133. If the defendant pays money into court before delivering 
 his defence he shall serve upon the plaintiff a notice specifying 
 both the fact that he has paid in such money and also the claim 
 or cause of action in respect of which such payment has been 
 made; and such notice shall be in the following form, with such 
 variations as circumstances require: 
 
 "Take notice that the defendant has paid into court $ 
 
 , and says that that sum is enough to satisfy the plaintiff's 
 claim (or the plaintiff's claim for, &c.)" [E. 258.] C.O.Y.T. 
 c. 17, R. 132. No. 22 of 1903, s. 16. 
 
 Payment out 
 to plaintiff 
 in certain 
 cases. 
 
 134. In the following cases of payment into court under 
 this section, viz: 
 
 (a) When payment into court is made before delivery 
 
 of defence; 
 (6) When the liability of the defendant in respect of the 
 claim or cause of action in satisfaction of which the 
 payment into court is made is not denied in the defence; 
 (c) When payment into court is made with a defence 
 setting up a tender of the sum paid; 
 the money paid into court shall be paid out to the plaintiff 
 on his request or to his solicitor on the plaintiff's written auth- 
 ority unless the Court or a judge otherwise orders. [E. 259.] 
 C.O.Y.T. c. 17, R. 133. 
 
 Where 135. When the liability of the defendant in respect of the 
 
 denies"^"' claim or cause of action in satisfaction of which the payment 
 
 liability into court has been made is denied in the defence the following 
 
 acceptance of rules shall apply: 
 
 sum paid m. ^^ ■' 
 
Judicature. Chap. 48. 445 
 
 (a) The plaintiff may accept in satisfaction of the claim 
 or cause of action in respect of which the payment into 
 
 '^k^^i^u'^^®^^^^ made the sum so paid in, in which case he 
 shall be entitled to have the money paid out to him as 
 hereinafter provided notwithstanding the defendant's 
 denial of liability whereupon all further proceedings in 
 respect of such claim or cause of action except as to 
 costs shall be stayed; or the plaintiff may refuse to 
 accept the money in satisfaction and reply accordingly 
 in which case the money shall remain in court subject 
 to the provisions hereinafter mentioned; 
 
 (6) If the plaintiff accepts the money so paid in he shall 
 after service of such notice in the form following, viz. : 
 
 "Take notice that the plaintiff accepts the sum 
 $ paid by you into court in satisfaction 
 
 of the claim in respect of which it is paid in," 
 or after delivery of a reply accepting the money be 
 entitled to have the money paid out to himself on request 
 or to his solicitor on the plaintiff's written authority 
 unless the Court or a judge otherwise orders; 
 
 (c) If the plaintiff does not accept in satisfaction of the Payment in 
 claim or cause of action in respect of which the payment °°' accepted. 
 into court has been made the sum so paid in but proceeds 
 with the action in respect of such claim or cause of action 
 or any part thereof the money shall remain in court and be P™«ecding 
 subject to the order of the Court or a judge and shall ™*' 
 not be paid out of court except in pursuance of an order. 
 If the plaintiff proceeds with the action in respect of such 
 claim or cause of action or any part thereof and recovers 
 less than the amount paid into court the amount paid 
 in shall be applied so far as is necessary in satisfaction 
 of the plaintiff's claim and the balance (if any) shall under 
 such order be repaid to the defendant. If the defendant 
 succeeds in respect of such claim or cause of action the 
 whole amount shall under such order be repaid to him. 
 [E. 260.] C.O.Y.T. c. 17, R. 134. 
 
 136. The plaintiff when payment into court is made before Payment in 
 delivery of defence may within four days after the receipt of^^fo^^deience. 
 notice of such payment or when such payment is first signified 
 in a defence may before reply accept in satisfaction of the Acceptance in 
 claim or cause of action in respect of which such payment has satisfaction. 
 been made the sum so paid in in which case he shall give notice 
 to the defendant in the form last mentioned and shall be at 
 liberty in case the entire claim or cause of action is thereby Notice 
 satisfied to tax his costs after the expiration of four days from the thereof, 
 service of such notice unless the Court or a judge otherwise 
 orders and in case of non-payment of the costs within forty- 
 eight hours after such taxation to sign judgment for his costs Costs. 
 so taxed. [E. .261.] C.O.Y.T. c. 17, E. 135. 
 
 IST. Where money is paid into court in two or more actions Consolidated 
 which are consolidated and the plaintiff proceeds to trial in one *''-**°"^- 
 
446 Chap. 48. Judicature. 
 
 and fails the money paid in and the costs in all the actions 
 shall be dealt with under this order in the same manner as in 
 the action tried. [E. 262.] C.O.Y.T. c. 17, R. 136. 
 
 Counterclaim. 138. A plaintiff may in answer to a counterclaim pay 
 money into court in satisfaction thereof subject to the like 
 conditions as to costs and otherwise as upon payment into 
 court by a defendant. [E. 263.] C.O.Y.T. c. 17, R. 137. 
 
 Payment out. 139. Money paid into court under an order of the Court 
 or a judge shall not be paid out of court except in pursuance 
 of an order of the Court or judge: 
 
 Provided that where before the delivery of defence money 
 has been paid into court by the defendant pursuant to an order 
 under the provisions of rule 105 hereof he may (unless the Court 
 or a judge otherwise orders) by his pleading appropriate the 
 whole or any part of such money and any additional payment 
 if necessary to the whole or any specified portion of the plaintiff's 
 claim; and the money so appropriated shall thereupon be 
 deemed to be money paid into court pursuant to the preceding 
 rules of this order relating to money paid into court and shall 
 be subject in all respects thereto. [E. 265.] C.O.Y.T. c. 
 17, R. 138. 
 
 Persons under 14©. In any case or matter in which a sum of money has 
 
 Moneys ^' heen awarded to or recovered by an infant or person of unsound 
 
 awarded to or mind not SO found by inquisition the Court or a judge may at 
 
 recovered by. ^j, g^f^g^ ^j^g Ij^iqI Order that the whole or any part of such sum 
 
 shall be paid into court to the credit of an account intituled in 
 
 the cause or matter; and any sum so paid into court and any 
 
 dividends or interest thereon shall be subject to such orders as 
 
 are from time to time made by the Court or a judge concerning 
 
 the same and may either be invested or be paid out of court or 
 
 transferred to such persons to be held and applied upon and for 
 
 such trusts and in such manner as the Court or a judge directs. 
 
 [E. 269.] C.O.Y.T. c. 17, R. 139. 
 
 Disposition of 141. Money paid into court or securities purchased under 
 
 seOTnties."^ the provisions of the next preceding rule and the dividends or 
 
 interest thereon shall be sold, transferred or paid out to the 
 
 party entitled thereto pursuant to the order of the Court or a 
 
 judge. [E. 270.] C.O.Y.T. c. 17, R.140. 
 
 Jmynottobe 142. Where a cause or matter is tried by a judge with a 
 payment into J^ry no communication to the jury shall be made until after 
 court. the verdict is given either of the fact that money has been paid 
 
 into court or of the amount paid in. The jury shall be required 
 to find the amount of the debt or damages as the case may be 
 without reference to any payment into court. [E. 275a.] CO. 
 Y.T. c. 17, R. 141. 
 
 fmds^™^°*°^ 143. Cash under the control of or subject to the order of 
 c™rt the Court may be invested Jn Dominion securities upon order 
 
 of a judge. [E. 271.] C.O.Y.T. c. 17, R. 142. 
 
Judicature. Chap. 48. 447 
 
 144. All moneys paid into court shall so soon as received Banking 
 by a clerk or other proper official be deposited in one of the ™to Court! 
 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 which 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 countersigned or initialled by the judge. CO. 
 Y.T. c. 17, R. 143. 
 
 145. Notice of every application for the purpose of con- Converswn 
 version of any securities shall be served upon such persons if application 
 any as the Court or judge directs. [E. 272.] C.O.Y.T. c. 17, for. 
 
 R. 144. 
 
 ORDER XIII. 
 
 MATTEBS ARISING PENDING THE ACTION. 
 
 146. Any ground of defence which has arisen after action Defence or 
 brought but before the defendant has delivered his statement of Xo^^ eountV 
 defence and before the time limited for his doing so has expired claim arisen 
 may be raised by the defendant in his statement of defence after action, 
 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. 278.] 
 C.O.Y.T. c. 17, R. 145. 
 
 147. Where any ground of defence arises after the defendant ^^^^l^or 
 has delivered his statement of defence or after the time limited repfy ^Sen 
 for his doing so has expired the defendant may and where any after 
 ground of defence to any set-off or counterclaim arises after Pi«'»'<i'"e- 
 reply or after the time limited for delivering a reply has expired ^^^^^^^ 
 the plaintiff may within eight days after such ground of defence ^^^^^^ ^.^y 
 has arisen or at any subsequent time by leave of the Court or be served. 
 iudge deliver a further defence or further reply as the case may 
 
 be setting forth the same. [E. 279.] C.O.Y.T. c. 17, R. 146. 
 
 148. Whenever any defendant in his statements defence Confession of 
 or in any further statement of defence as mentioned m the next 
 preceding rule alleges any ground of defence which has arisen 
 
 after the commencement of the action the plaintiff may deliver 
 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. 280.] C.O.Y.T. c. 17, R. 147. 
 
448 
 
 Chap. 48. 
 
 Judicature. 
 
 ORDER XIV. 
 
 Points of law 
 raised by 
 pleading. 
 
 Disposal of. 
 
 Judgment 
 
 where point 
 
 raised 
 
 disposes 
 
 of action, etc. 
 
 Frivolous or 
 vexatious 
 actions . 
 
 Pleading 
 disclosing no 
 cause of action 
 
 or answer. 
 
 RAISING POINTS OF LAW, ETC. 
 
 149. Any party shall be entitled to raise by his pleading 
 any point of law and any point so raised shall be disposed of 
 by the judge who tries the cause at or after the trial provided 
 that by consent of the parties or by order of the judge on the 
 application of either party the same may be set down for hearing 
 and disposed of at any time before the trial. [E. 282.] CO. 
 Y.T. c. 17, R. 148. 
 
 130. If in the opinion of the Court or judge the decision 
 of such point of law substantially disposes of the whole action 
 or of any distinct cause of action, ground of defence, set-off, 
 counter-claim or reply ^herein the Court or judge may thereupon 
 dismiss the action or make such order therein as is ust. [E. 
 283.] C.O.Y.T. c. 17, R. 149. ^ . 
 
 151. The Court or judge may order any pleading to be 
 struck out on the ground that it discloses no reasonable cause 
 of action or answer and in any such case or in case of the action 
 or defence being shown by the pleadings to be frivolous or vexa- 
 tious th? Court or judge may order the action to be stayed or 
 dismissed or judgment to be entered accordingly as is just. 
 [E. 284.] C.O.Y.T. c. 17, R. 150. 
 
 Declaratory 
 
 judgments. 
 
 153. No action or proceeding shall be open to objection on 
 the ground that a merely declaratory judgment or order is 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. 285]. C.O.Y.T. c. 17, R. 151. 
 
 ORDER XV. 
 
 REPLY OR CLOSE OF PLEADINGS. 
 
 Time for 
 reply. 
 
 Pleading 
 subsequent 
 to reply . 
 
 Time for. 
 
 153. A plaintiff shall deliver his reply if any within eight 
 days after the defence or the last of the defences have been 
 delivered unless the time shall be extended by the Court or 
 judge. [E. 276.] C.O.Y.T. c. 17, R. 158. 
 
 154. No pleading subsequent to reply other than a joinder 
 of issue shall be pleaded without leave of the Court or a judge 
 and then shall be pleaded only upon such terms as the Court or 
 judge thinks fit. [E. 277.] C.O.Y-T. c. 17, R. 153. 
 
 155. Subject to the next preceding rule every pleading 
 subsequent to reply shall be delivered within eight days after 
 
Judicature. Chap. 48. 440 
 
 the delivery of the previous pleading unless the time is extended 
 by the Court .or judge. C.O.Y.T. c. 17, R. 154. 
 
 156. If the plaintiff does not deliver a reply or any party Default in 
 does not deliver any subsequent pleading within the period '■^P^y o"" 
 allowed for that purpose the pleadings shall be deemed to be pieadSI^ 
 closed at the expiration of that period and all the material 
 statements of fact in the pleading last delivered shall be deemed EfiEect of. 
 to have been denied and put in issue. [E. 302.1 C.O.Y.T. c. 17, 
 
 R. 155. 
 
 157. As soon as any party has joined issue upbn the pre- Close of 
 ceding pleading of the opposite party simply without adding ?''=»<»"«»■ 
 any further or other pleading thereto or has made default as 
 mentioned in the next preceding rule the pleadings between such 
 parties shall be deemed to be closed. C.O.Y.T. c. 17, R. 156. 
 
 ORDER XVI. 
 
 DEFAULT OF PLEADING. 
 
 158. If the plaintiff's claim is only for a debt or liquidated Default 
 demand and the defendant does not within the time allowed for daim^for 
 that purpose deliver a defence the plaintiff may at the expiration debt. 
 
 of such time enter final judgment for the amount claimed with 
 costs. [E. 291] 
 
 2. It shall not be necessary upon entering judgment in default Judgmeut. 
 of defence to file any affidavit of service of the writ of summons. 
 C.O.Y.T. c. 17, R. 157. No. 22 of 1903, s. 17. 
 
 159. When in any such action as in the next preceding Default of one 
 rule mentioned there are several defendants if one of them jej^d^ants. 
 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. 292.] C.O.Y.T. c. 17, R. 158. 
 
 16©. If the plaintiff's claim be for detention of goods and claim, 
 pecuniary damages or either of them and the defendant or detinue and 
 all the defendants if more than one make default in delivering ^"^^^^^ 
 a defence within the time allowed for that purpose the judge 
 may on application of the plaintiff assess the value of 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. 293.] C.O.Y.T. c. 17, R. 159. 
 
 161. When in any such action as in the next preceding rule Default of one 
 mentioned there are several defendants if one or more of them ^^f^Xnta 
 make default as in that rule defined the plaintiff may enter 
 an interlocutory judgment against the defendant or defendants 
 70263—29 
 
450 
 
 Chap. 48. 
 
 Judicature. 
 
 Claim 
 liquidated 
 demand and 
 debt and 
 damages. 
 
 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. 
 294.] C.O.Y.T. c. 17, R. 160. 
 
 163. If the plaintiff's claim is for a debt or liquidated 
 demand and also for detention of goods and pecuniary damages 
 or pecuniary damages only and any defendant makes default 
 in delivering his defence as aforesaid the plaintiff 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 preceding rules. [E. 295.] CO. 
 Y.T. c. 17, R. 161. 
 
 163. In an action for the recovery of land if the defendant 
 makes default in delivering a defence as aforesaid the plaintiff 
 may en^er a judgment that the person whose title is asserted 
 in the writ of summons shall recover possession of the land 
 with his costs. [E. 296.] C.O.Y.T. c. 17, R. 162. 
 
 Claim for 164. Where the plaintiff's claim is for mesne profits, arrears 
 
 arrears'of'***''' °^ ^^^* °^ doublc valuc in respect of the premises claimed or any 
 
 renter part of them or damages for breach of contract or wrong or 
 
 damages. injury to the premises claimed in an action for the recovery 
 
 of land 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 160 and 161 hereof. [E. 297.] 
 
 C.O.Y.T. c. 17. R. 163. 
 
 Beoovery 
 of land. 
 
 Where a 
 defence is 
 delivered 
 to part of 
 claim only. 
 
 165. If the plaintiff's claim is for a debt or liquidated demand, 
 the detention of goods and pecuniary damages or for any such 
 matters or for the recovery of land and the defendant delivers 
 a defence which purports to offer an answer to a part only of 
 the plaintiff's alleged cause of action the plaintiff may by leave 
 of the Court or a judge enter judgment final or interlocutory 
 as the case may be for the part unanswered provided that the 
 unanswered part consists of a separate cause of action or is 
 severable from the rest as in the case of part of a debt or liqui- 
 dated demand; provided also that where there is a counterclaim 
 execution on any judgment as above mentioned in respect to the 
 plaintiff's claim shall not be issued without leave of the Court 
 or a judge. [E. 298.] C.O.Y.T. c. 17, R. 164. 
 
 other actions, 
 defendant in 
 default. 
 
 166. 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 
 
Judicature. Chap. 48. 451 
 
 judgment to be entered accordingly or make such other order 
 as is necessary to do complete justice between the parties. [E. 
 300.] C.O.Y.T. e. 17, R. 165. 
 
 IGT. Where in any such action as mentioned in the next Where more 
 preceding rule there are several defendants then if one of defradant. 
 such defendants makes such default as aforesaid the plaintiff 
 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 or may set it down against him at the time 
 when it is entered for trial or set down on motion for judgment 
 against the other defendants. [E. 301.] C.O.Y.T. c. 17, R. 166. 
 
 IGS. In any case in which issues arise in an action other Default by 
 than between plaintiff and defendant if any party to any such than^plaSlff 
 issue makes default in delivering any pleading the opposite or defendant, 
 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 accord- 
 ingly or may make such other order as is necessary to do complete 
 justice between the parties. [E. 303.] C.O.Y.T. c. 17, R. 167. 
 
 ORDER XVII. 
 
 SETTING DOWN FOR TRIAL. 
 
 169. When any party desires and is entitled to have the Trial by 
 question of fact in any action tried by a judge with a jury he oerta^ casei 
 shall, if a plaintiff, demand a jury in his notice of trial to be given 
 
 as hereinafter provided, and if a defendant, he shall make 
 such demand by giving notice thereof in writing to the plaintiff's 
 solicitor within four days from the time of the service of notice 
 of trial by the plaintiff or within such extended time as the 
 Court or a judge allows, or in the notice of .trial to be given by 
 the defendant as hereinafter provided, and thereupon the said 
 questions of fact shall be so tried. [E. 431.] No. 22 of 1903 
 s. 18. 
 
 170. The jury for the trial of such questions of fact in Jury to 
 civil causes shall consist of six persons, whose verdict shall «^°™*g°^g 
 be unanimous. No. 22 of 1903, s. 18. 
 
 171. Notice of trial may be given in any cause or matter Nptweof 
 by the plaintiff or other party in the position of plaintiff at any pf^lntie. 
 time after the close of the pleadings. [E. 435.] 
 
 173. If the plaintiff does not within six weeks after the Notice of 
 close of the pleadings, or within such extended time as the ^^g^^dant. 
 Court or judge allows, give notice of trial, the defendant may, 
 before notice of trial given by the plaintiff, give notice of trial or 
 may apply to the Court or judge to dismiss the action for want 
 
 70263—29* 
 
452 
 
 Chap. 48. 
 
 Judicature. 
 
 Motion to 
 dismiss for 
 want of 
 prosecution. 
 
 Form of 
 notice of 
 trial. 
 
 Length of 
 notice of 
 trial. 
 
 of prosecution; and on the hearing of such application the Court 
 or a judge may order the action to be dismissed accordingly or 
 may make such order and on such terms as to the Court or 
 judge seems just. [E. 436.] No. 22 of 1903, s. 18. 
 
 ITS. Notice of trial shall state the place for which it is to be 
 entered for trial. It shall be in the form "M" in the schedule to 
 this Ordinance with such variations as circumstances require. 
 [E. 437.] 
 
 174:. Ten days' notice of trial shall be given uliless the party 
 to whom it is given has consented, or is under terms or has been 
 ordered to take short notice of trial; and shall be sufficient in all 
 cases, unless otherwise ordered by the Court or a judge. Short 
 notice of trial shall be four days' notice, unless otherwise ordered. 
 [E. 438.] 
 
 Entry of 
 trial. 
 
 Avoidance 
 of notice of 
 trial. 
 
 ITS. Notice of trial Shall be given before entering the trial, 
 and the trial may be entered as soon as notice of trial has been 
 given. [E. 439.] 
 
 1T6. Unless within six days after notice of trial is given the 
 trial shall be entered by one party or the other, the notice of 
 trial shall be no longer in force. [E. 440.] 
 
 Notice of 
 trial for 
 Dawson. 
 
 ITT. Notice of trial for Dawson shall not be or operate as 
 for any particular sittings, but shall be deemed to be for any 
 day after the expiration of the notice on which the trial may 
 come in its order upon the list. [E. 441.] 
 
 Notice of 
 
 trial 
 
 elsewhere. 
 
 ITS. Notice of trial elsewhere than in Dawson shall be 
 deemed to be for the first day of the then next sittings at the 
 place for which notice of trial is given. [E. 442.] 
 
 Counter- 
 manding 
 notice. 
 
 1T9. No notice of trial shall be countermanded except by 
 consent, or by leave of the Court or a judge, which leave may be 
 subject to such terms as to costs or otherwise as is just. [E. 443.] 
 
 Entry for 
 trial by 
 party served 
 with notice. 
 
 ISO. If the party giving notice of trial for Dawson omits to 
 enter the trial on the day or day after giving notice of trial, the 
 party to whom notice has been given may, unless the notice has 
 been countermanded under the last preceding rule, within four 
 days enter the trial. [E. 444.] 
 
 Withdrawal 
 of trial after 
 notice. 
 
 181. When a trial which has been entered has been postponed 
 or withdrawn under Rule 185 or settled, the party who made the 
 entry shall immediately thereupon give notice thereto to the 
 clerk of the Court, and such entry shall be expunged from the 
 list. [E. 449.] 
 
 Order of 
 trial. 
 
 182. If the trial is entered by both parties, it shall be tried in 
 the order of the plaintiff's entry, and the defendant's entry shall 
 be vacated. [E. 452.] No. 22 of 1903, s. 18. - 
 
Judicature. Chap. 48. 453 
 
 183. The party entering the trial shall deliver to the clerk Record, 
 of the Court a copy of the notice of trial with proof of service 
 thereof, and one copy of the whole of the pleadings. Such copy 
 shall be certified by the clerk of the Court and shall be called 
 the 'Record.' No. 22 of 1903, s. 18. 
 
 ORDER XVIII. 
 
 DISCONTINUANCE . 
 
 184. The plaintiff may at any time before receipt of the Discontinu- 
 defendant's defence or after the receipt thereof before taking '*°?? ?' 
 any other proceeding in the action, (save any interlocutory part of dalm 
 application) by notice in writing wholly discontinue his action after defence, 
 against all or any of the defendants or withdraw any part or 
 
 parts of his alleged cause of complaint and thereupon he shall 
 pay such defendant's costs of the action or if the action is not Costs, 
 wholly discontinued the costs occasioned by the matter so with- 
 drawn. Such costs shall be taxed and such discontinuance or 
 withdrawal as the case may be shall not be a defence to any sub- Subsequent 
 sequent action. Save as herein otherwise provided it shall not action, 
 be competent for the plaintiff to withdraw the record or dis- 
 continue the action without 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 uiscontinu- 
 alleged cause or complaint to be struck out. The Court or ance at other 
 judge may in like manner and with the like discretion as to terms stages. 
 upon the application of a defendant order the whole or any part ■ 
 of his alleged grounds of defence or counterclaim to be with- 
 drawn or struck out but it shall not be competent to a defendant Withdrawal 
 to withdraw his defence or any part thereof without such leave. °o,,'!,fp°^aim 
 [E. 286.] C.O.Y.T c. 17, R. 173. 
 
 185. When a cause has been entered for trial it may be Withdrawal 
 withdrawn by either plaintiff or defendant upon producing to fo* tofal*'^'*^ 
 the clerk of the Court a consent in writing signed by the parties. 
 
 [E. 287.] C.O.Y.T. c. 17, R. 174. 
 
 186. Any defendant may have judgment for the costs of Judgment 
 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. 288.] C.O.Y.T. 
 c. 17, R. 175. 
 
 187. If any subsequent action is brought before payment Stay of 
 
 of the costs of a discontinued action for the same or substan- ^etfon'^"*"* 
 tially the same cause of action the Court or judge may if they pending 
 or he deems proper order a stay of such subsequent action until payment, 
 such costs have been paid. [E. 289.] C.O.Y.T. c. 17, R. 176. 
 
454 
 
 Chap. 48. 
 
 Judicature. 
 
 ORDER XIX. 
 
 AMENDMENT. 
 
 Amendment 
 of pleadings. 
 
 18S. The Court or a judge may at any stage of the proceed- 
 ings 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. 305.] C.O.Y.T. c. 17, R. 177. 
 
 rf'clalnT^''* 189. The plaintiff may without any leave amend his state- 
 witho™leave. ™ent of claim once at any time before the expiration of the 
 
 time limited for reply and before replying. [E. 306.] CO. 
 
 Y.T. c. 17, R. 178. 
 
 Amendment 190. A defendant who has set up any counterclaim may 
 
 counterclaim w^ittout any leave amend such counterclaim at any time before 
 
 without the expiration of the time allowed him for answering the reply, 
 
 leave. [£. 307.] C.O.Y.T. c. 17, R. 179. 
 
 Disallowance 
 of improper 
 amendment. 
 
 191. Where any party has amended his pleading under 
 either of the next two preceding rules the opposite party may 
 within eight days after the delivery to him of the amended 
 pleading apply to the Court or a judge to disallow the amend- 
 ment 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. 308.] C.O.Y.T. c. 17, R. 180. 
 
 Pleading to 
 amendments. 
 
 Default of. 
 
 193. Where a party has amended his pleadings (unless 
 otherwise ordered) the opposite party shall plead to the 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 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 reply on his original pleading in answer to such 
 amendment. [E. 309.] C.O.Y.T. c. 17, R. 181. 
 
 Leave to 
 
 amend 
 
 application. 
 
 Terms. 
 
 193. In all cases not provided for by the preceding rules of 
 this Order application for leave to amend may be made by either 
 party to the Court or a judge or to 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. [E. 310.] C.O.Y.T. c. 17, 
 R. 182. 
 
 Failure to 
 amend after 
 order. 
 
 194. If a party who has obtained an order for leave bo 
 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" 
 
Judicature. Chap. 48. 455 
 
 or of such fourteen days as the case may be become ipso facto 
 void unless the time is extended by the Court or a i udge. [E . 3 1 1 1 
 C.O.Y.T. c. 17, R. 183. 
 
 195. Any statement or pleading may be amended by Manner of 
 written alterations in the copy which has been delivered and by "'"''"'^'"k- 
 additions on paper to be interleaved therewith if necessary 
 unless the amendments require the insertion of 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 delivering a printed or written 
 copy of the document as amended. [E. 312.] C.O.Y.T. c. 
 17, R. 184. 
 
 19G. Whenever any statement or pleading is amended the Marking 
 same when amended shall be marked with the date of the order pi^J^g^ 
 if any under which the same is so amended and of the day on 
 which such amendment is made in manner following, viz: 
 "Amended day of pursuant to 
 
 order of dated the day of 
 
 [E. 313.] C.O.Y.T. c. 17, R. 185. 
 
 197. Whenever any statement or pleading is amended such Delivery of 
 amended document shall be delivered to the opposite party pj^adbg 
 within the time allowed for amending the same. [E. 314.] 
 C.O.Y.T. c. 17, R. 186. 
 
 198. Clerical mistakes in judgments or orders or errors ^^^^^'^Itsor 
 arising therein from any accidental slip or omission may at any orde™^" ^ 
 time be corrected by the Court or judge on motion or summons 
 without an appeal. [E. 315.] C.O.Y.T. c. 17, R. 187. 
 
 199. The Court or a judge may at any time and on such ^""^^^^^j 
 terms as to costs or otherwise as the Court or judge thinks just amrad." 
 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. 316.] C.O.Y.T. c. 17, R. 188. 
 
 200. The costs of and occasioned by any amendment shall £^g^^*^gnt 
 be borne by the party making the same unless the Court or *™^" ™^" ' 
 judge otherwise orders. [E. 317.] C.O.Y.T. c. 17, R. 189. 
 
456 
 
 Chap. 48. 
 
 Judicature. 
 
 ORDER XX. 
 
 Bx parte 
 order for 
 discovery. 
 
 DISCOVERY OF DOCUMENTS, ETC. 
 
 SOI. 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 a Judge or the clerk of the 
 Court, 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 possssion or power relating to any 
 matter in question therein. C.O.Y.T. c. 17, R. 190. No. 22 
 of 1903, s. 19. 
 
 Affidavit of 
 discovery. 
 
 S03. The affidavit to be made by a party against whom 
 
 such order as is mentioned in the next preceding rule has been 
 
 ?i!?,?!i?°f *° made shall specify which if any of the documents therein 
 
 mentioned he objects to produce. [E. 355.] C.O.Y.T. c. 17, 
 
 R. 191. 
 
 production. 
 
 Production of 
 documents. 
 
 SO 3. It shall be lawful for the Court or judge at any time 
 during the pendency of any cause or matter to order the pro- 
 duction 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. [E. 356.] C.O.Y.T. c. 17, 
 R. 192. 
 
 Inspection of 204. Every party to a cause or matter shall be entitled 
 
 referred'to in ^'^ ^^W time by notice in writing to give notice to any other 
 
 pleadings or party in whose pleadings or affidavits reference is made to 
 
 affidavits. ^^^ document to produce such document for the inspection 
 
 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 or 
 
 judge thinks fit. [E. 357.] C.O.Y.T. c. 17, R. 193. 
 
 Notice of 
 time and 
 place of 
 inspection 
 
 305. The party to whom such notice is given shall within 
 two days from the receipt of such notice if all the documents 
 therein referred to have been set forth by him in such affidavit 
 as is mentioned in rule 202 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 
 Objections to a time within three days from the delivery thereof at which 
 production, ^j^g documents or such of them as he does not object to produce 
 
Judicature. Chap. 48. 457 
 
 may be inspected at the office of his solicitor or in case of banker's 
 books or other books of accoimt or books in constant use for the 
 purpose oi 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.] C.O.Y.T. c. 17, R. 194. 
 
 20G. If the party served with notice under the next pre- Order for 
 ceding rule omits to give such notice of a time for inspection »nspeotioii. 
 or objects to give inspection or offers inspection elsewhere than 
 at the office of his solicitor the judge may on application of the 
 party desiring it make an order for inspection 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 application 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 applying is entitled to inspect them and 
 that they are in the possession or power of the other party. 
 [E. 360.] C.O.Y.T. c. 17, R. 195. 
 
 SO'?'. If the party from whom discovery of any kind or Discovery or 
 inspection is sought objects to the same or any part thereof JJIay^i,*e°" 
 the judge may if satisfied that the right to the discovery or reserved, 
 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 deciding 
 upon the right to the discovery or inspection, order that such 
 issue or question be determined first and reserve the question 
 as to the discovery or inspection. [E. 362.] C.O.Y.T. c. 17, 
 R. 196. 
 
 208. If any person fails to comply with any order for dis- Noncom- 
 covery or inspection of documents he shall be hable to attach- ^^.'1°^ foT' 
 ment for contempt of court. He shall also if a plaintiff be discovery 
 liable to have his action dismissed for want of prosecution or inspection, 
 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 Penalty . 
 party interrogating may apply to that effect and an order may 
 be made accordingly. [E. 363.] C.O.Y.T. c. 17, R. 197. 
 
 309. Service of an order for discovery or inspection made Service of 
 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 application 
 for an attachment is made may show in answer to the application 
 that he has had no notice or knowledge of the order. [E. 364.] 
 C.O.Y.T. c. 17, R. 198. 
 
 310. A solicitor upon whom an order against any party Solicitor 
 for discovery or inspection is served under the next preceding ^^m'"^ *° 
 rule who neglects without reasonable excuse to give notice client of 
 thereof to his client shall be liable to attachment. [E. 365.] order. 
 C.O.Y.T. c. 17, R. 199. 
 
458 
 
 Chap. 48. 
 
 Judicature. 
 
 ORDER XXI. 
 
 EXAMINATION TOR DISCOVERY. 
 
 Examination 
 o{ parties 
 before trial. 
 
 Person 
 
 beneficially 
 
 interested. 
 
 When 
 
 examination 
 may take 
 place. 
 
 Examining 
 oiEoer. 
 
 Appointment 
 and conduct 
 money. 
 
 Place of 
 examination . 
 
 Appointment 
 to be served 
 on solicitor. 
 
 Examination 
 before other 
 person or 
 without 
 jurisdiction. 
 
 211. Any party to an action whether plaintiff or defendant 
 or in the case of a body corporate any one who is or 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 any witness except as 
 hereinafter provided. C.O.Y.T. c. 17, R. 200. 
 
 S12. A person for whose immediate benefit an action is 
 prosecuted or defended is to be regarded as a party for the 
 purpose of examination. C.O.Y.T. c. 17, R. 201. 
 
 313. The examination on the part of a plaintiff may take 
 place at any time after the statement of defence of the party 
 to be examined has been delivered or after the time for delivering 
 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. 
 C.O.Y.T. c. 17, R. 202. 
 
 214. Whenever a party is entitled to examine another 
 party he may procure an appointment therefor from the clerk 
 for the examination as hereafter provided of such party before 
 such clerk, deputy 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 upon payment 
 of the proper fees) shall attend thereon and submit to examina- 
 tion. 
 
 2. Such examination shall be held at the office of the clerk, 
 nearest to the place where the party to be examined resides. 
 CO Y.T. c. 17, R. 203. No. 22 of 1903, s. 20. 
 
 213. The party examining shall serve a copy of the appoint- 
 ment \ipon the solicitor of the party to be examined if he has 
 a solicitor in the cause at least forty-eight hours before the 
 examination. C.O.Y.T. c. 17, R. 204. 
 
 210. Upon application to the Court or a judge an order 
 may be made for the examination of any party liable to be 
 examined as aforesaid before any other person or in any other 
 place whether within or without the jurisdiction of the Coxirt 
 than those before mentioned and upon service of a copy of the 
 appointment of a person before whom the 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 
 
Judicature. Chap. 48. 459 
 
 upon the solicitor of the party or his agent at least forty-eight 
 hours before the examination. C.O.Y.T. c. 17, R. 205. 
 
 SIT. The party or person to be examined shall if so required Notice to 
 by notice produce on the examination all books, papers and and^papers°*' 
 documents which he would be bound to produce at the trial 
 under a subpoena duces tecum. C.O.Y.T. c. 17, R. 206. 
 
 218. In the event of any witness on his examination, cross- Certified 
 examination or re-examination producing any book, document, copies of 
 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 therefrom certified by the examiner to be a 
 true and correct copy or extract shall be attached to the deposi- 
 tions and form part thereof. C.O.Y.T. c. 17, R. 207. 
 
 319. Any party or officer so examined may be further Further 
 examined on his own behalf or on behalf of the body corporate examination 
 of which he is or has been an ofiicer in relation to any matter ownb^ehalf, 
 respecting which he has been examined in chief; and when etc. 
 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. C.O.Y.T. c. 17, 
 R. 208. 
 
 S20. Such explanatory examination shall be proceeded with Explanatory 
 immediately after the examination in chief and not at any ^^*'"'"* '°"- 
 future period except by leave of the Court or a judge and for 
 the purposes of this and the next preceding rule when the officer 
 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. C.O.Y.T. c. 17, R. 209. 
 
 331. Any party or person examined orally under the pre- Conduct of 
 ceding rules of this order shall be subject to cross-examination examination, 
 and re-examination; and such examination, cross-examination 
 and re-examination shall be conducted as nearly as may be in 
 the mode in use on a trial. C.O.Y.T. c. 17, R. 210. 
 
 333. A party to the action who admits upon his examination Production o 
 that he has in his custody or power any deed, paper, writing fo°7nTpeotion 
 or document relating to the matters in question in the cause of examiner, 
 upon the order of the person before whom he is examined shall 
 produce the same for his inspection and for that purpose a 
 reasonable time shall be allowed; but no patty shall be obliged 
 to produce any deed, paper, writing or document which is 
 privileged or protected from production. C.O.Y.T. c. 17, R. 
 211. 
 
 333. Either party may appeal from the order of the examiner Appeal from 
 and thereupon the examiner shall certify under his hand the ^^^"'"'"''^ 
 question raised and the order made thereon. C.O.Y.T. c. 17, 
 R. 21. 
 
460 
 
 Chap. 48. 
 
 Judicature 
 
 Refuaal to 
 attend or 
 answer, etc. 
 
 Penalty . 
 
 334. Any party or person refusing or neglecting to attend 
 at the time and place appointed for the examination or 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 position as if he had not defended; 
 and the party examining may apply to the Court or a judge to 
 that effect and an order may be made accordingly. C.O.Y.T. 
 c. 17, R. 213. 
 
 witness. 
 
 Decision as 
 to validity . 
 
 Objections by 333. If the party or person under examination demurs or 
 objects to any question or questions put to him the question 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 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. C.O.Y.T. 
 c. 17, R. 215. 
 4 
 fom°\etion of ^26. Subject to rules 228, 229 and 230 hereof the depositions 
 deposition" ° taken upon any such oral examination as aforesaid shall be taken 
 down in writing by the examiner not ordinarily 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. C.O.Y.T. 
 c. 17, R. 215. 
 
 Witness not 337. If the party or person examined refuses or is unable 
 
 deposition, to sign the depositions then the examiner shall sign the same; 
 
 Report of and the examiner may upon every examination state any special 
 
 special matter to the Court if he thinks fit. C.O.Y.T. c. 17, R. 216. 
 
 matter. ' 
 
 Question and 338. It shall be in the discretion of the examiner to put 
 
 objections, down any particular question or answer if there appears to be 
 
 etc. ' any special reason for so doing and any question or questions 
 
 objected to shall at the request of either party be noticed or 
 
 referred to by the examiner in or upon the depositions; and he 
 
 Recording in shall State his Opinion thereon to the counsel, solicitors, agents 
 
 deposition. qj. parties and if requested by either party he shall on the face of 
 
 the depositions refer to' such statement. C.O.Y.T. c. 17, R. 217. 
 
 Deposition 
 taken in 
 shorthand. 
 
 339. In case of an examination before the trial or otherwise 
 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 examination except where the 
 Court or a judge sees fit to order otherwise. C.O.Y.T. c. 17, 
 R. 218. 
 
Judicature. Chap. 48. 461 
 
 330. Where an examination in a cause or proceeding is Form and 
 taken by the examiner or any other authorized person in short- shorthand" ° 
 hand the examination may be taken down by question and report, 
 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. 
 C.O.,Y.T. c. 17, R. 219. 
 
 331. A copy of the deposition so taken certified by the Certified 
 person taking the same as correct shall for all purposes have the depositions, 
 same effect as the original depositions in ordinary cases. CO. 
 
 Y.T. c. 17, R. 220. 
 
 333. Wherever any such examination of any party or Filing 
 witness has been taken before a clerk of the Territorial Court depositions. 
 or before any officer or other person authorized or appointed to 
 take the same the depositions taken down by the examiner 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 ^op*gf ®*^ 
 depositions certified under the hand of the examiner taking the evidence, 
 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. CO. Y.T. c. 17, 
 R. 221. 
 
 333. Every person taking examinations may and if need be ^J'^'^^t of 
 shall make a special report to the Court in which such pro- elaminer. 
 ceedings 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. 
 C.O.Y.T. c. 17, R. 222. 
 
 334. Anv party may at the trial of an action or issue or Use of 
 
 T- i- i- • -J j: e examination 
 
 upon any application or motion use m evidence any part oi at trial, 
 the examination of the opposite parties: 
 
 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. CO. 
 Y.T. c. 17, R. 223. 
 
 335. The cost of every examination of parties or of officers Cost of 
 
 of corporations before the trial or otherwise than at the trial of examinations, 
 an action shall be costs in the cause but the Court or judge in 
 adjusting the costs of the action shall at the instance of any 
 party inquire or cause inquiry to be made into the propriety of 
 having made any such examination; and if it is .he opinion of 
 
462 
 
 Chap. 48. 
 
 Judicature. 
 
 the Court or judge or the clerk as the case may be that such 
 examination has been had unreasonably, vexatiously or at un- 
 necessary length the costs occasioned 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. C.O.Y.T. c. 17, 
 R. 224. 
 
 Notice of 
 admission 
 of facts. 
 
 ORDER XXII. 
 
 ADMISSIONS. 
 
 336. Any party to a cause or matter may give notice by his 
 pleading or otherwise in writing that he admits the truth of the 
 whole or any part of the case of any other party. [E. 371.] 
 C.O.Y.T. c. 17, R. 225. 
 
 Notice to 
 
 admit 
 
 documents. 
 
 S37. Either party may call upon the other party to admit 
 
 any document saving all just exceptions; and in case of refusal 
 
 or neglect to admit after such notice the costs of proving any 
 
 such document shall be paid by the party so neglecting or refusing 
 
 whatever the result of the cause or the matter may be unless at 
 
 (iTadmission the trial or hearing the judge is satisfied that the refusal to admit 
 
 refused t^q^q reasonable and no costs of proving any document shall be 
 
 given.*'"^ °°* 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. 
 
 [E. 372.] C.O.Y.T. c. 17, R. 226. 
 
 Costs: 
 
 Notice to 
 admit facts. 
 
 Costs where 
 
 admission 
 
 refused. 
 
 Effect of 
 admission . 
 
 Admissions. 
 Amendment 
 or with- 
 drawal. 
 
 338. Any party may by notice in writing at any time not 
 later than twelve days before the day fixed for trial call on 
 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 same within six days 
 after service of such notice or within 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 re- 
 sult of the cause, 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 made 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 admission to be 
 used against the party on any other occasion or in favour of any 
 person ot^er 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 terms as 
 are just. [E. 374.] C.O.Y.T. c. 17, R. 227. 
 
 Judgment on 
 admissions. 
 
 339. 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 question between the parties and the 
 
Judicature. Chap. 48. 463 
 
 judge may upon such application make such order or give such 
 judgment as the judge thinks just. [E. 376.1 C.O.Y.T., c. 17, 
 R. 228. 
 
 340. An affidavit of the solicitor or his clerk of the due Evidence of 
 signature of any admissions made in pursuance of any notice admiasious. 
 to admit documents or facts shall be sufficient evidence of 
 such admissions if evidence thereof is required. [E. 377.1 
 C.O.Y.T. c. 17, R. 229. 
 
 ?4:1. If a notice to admit or produce comprises documents Notice to 
 which are not necessary the costs occasioned thereby shall admit or 
 be borne by the party giving such notice. [E. 379.1 C.O.Y.T. p''°<i«<=«- 
 c. 17, R. 230. ^°^^- 
 
 ORDER XXIII. 
 
 ISSUES, INQUrfelES AND ACCOUNTS. 
 
 343. Where in any cause or matter it appears to the Court issues of fact, 
 or judge that the issues of fact in dispute are not sufficiently preparing and 
 defined the parties may be directed to prepare issues and such ^^"'™s. 
 issues shall if the parties differ be settled by the Court or judge. 
 [E. 380.] C.O.Y.T. c. 17, R. 231. 
 
 343. The Court or a judge may at any stage of the pro- Inquiries and 
 ceedings in a cause or matter direct any necessary inquiries accounts, 
 
 or accounts to be made or taken and may direct the same to how'taken. 
 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. [E. 381.] C.O.Y.T. c. 17, R. 232. 
 
 344. In cases where the statement of claim is for an account Actions for 
 or involves the taking of an account if the defendant either account, 
 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.] C.O.Y.T. c. 17, R. 233. 
 
 345. The judge may either by the judgment or order Special 
 directing an account to be taken or by any subsequent order f^^°*j°°of ^ 
 give special direction with regard to the mode in which the taking ^ 
 account is to be taken or vouched and in particular may direct account, 
 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.] C.O.Y.T. c. 17, R. 234. 
 
464 
 
 Chap. 48. 
 
 Judicature. 
 
 Account. 
 
 Verification. 
 
 Production 
 of vouchers. 
 
 Contested 
 items. 
 
 246. Where any account is directed to be taken the account- 
 ing 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 and the account shall be 
 referred to by the affidavit as an exhibit and be filed in Court. 
 [E. 383.] C.O.Y.T. c. 17, R. 235. 
 
 247'. Upon taking of any account the Court or judge may 
 direct that the vouchers shall be produced at the office of the 
 solicitor of the accounting party or at any other convenient 
 place and that only such items as may be contested or surcharged 
 shall be brought before the judge in chambers. C.O.Y.T. c. 17, 
 R. 236. 
 
 Surcharge. 248. Any party seeking to charge any accounting party 
 
 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.] C.O.Y.T. 
 c. 17, R. 237. 
 
 Inquiry as to 249. Every judgment or order for a general account of the 
 
 estate" '"^ personal estate of a testator or intestate shall contain a direction 
 
 for an inquiry as to what parts if any of such personal estate 
 
 are outstanding or undisposed of unless the Court or judge 
 
 otherwise directs. [E. 385.] C.O.Y.T. c. 17, R. 238. 
 
 Numbering 
 directions for 
 account or 
 inquiry. 
 
 250. Where by any judgment or order whether made in 
 Court by the judge any accounts are directed to be taken 
 or inquiries to be made each such direction shall be numbered 
 so that as far as may be each distinct account and inquiry 
 may be designated by a number with such variations as the 
 circumstances of the case require. [E. 386.] C.O.Y.T. c. 17, 
 R. 239. 
 
 Just 
 allowances. 
 
 251. In taking any account directed by any judgment or 
 order all just allowances shall be made without any direction 
 for that purpose. [E. 387.] C.O.Y.T. c. 17, R. 240. 
 
 Expediting 
 proceedings 
 in case of 
 undue delay . 
 
 252. If it appears to the judge that there is any undue 
 delay in the prosecution of any accounts or inquiries or in any 
 other proceedings under any judgment or order the judge may 
 require the party having the conduct of the proceedings under 
 any judgment or order or any other party to explain the delay 
 and may thereupon make such order with regard to expediting 
 the proceedings or the conduct thereof or the stay thereof and 
 as to the costs of the proceedings as the circumstances of the 
 case require; and for the the purposes aforesaid any party 
 may be directed to summon the persons whose attendance 
 is required and to conduct any proceedings and carry out any 
 directions which may be given; and any costs of such party so 
 directed shall be paid by such parties or out of such funds as the 
 judge directs. [E. 388.] C.O.Y.T. c. 17, R. 241. 
 
Judicature. Chap. 48. 465 
 
 Inquiry and Reference as to Damages. 
 
 253. In every action or proceeding in which it appears ^eTt^T"" 
 to the Court or judge that the amount of damages sought to damages. 
 be recovered is substantially a matter of calculation the Court 
 or judge may either fix the amount or direct that the amount 
 for which final judgment is to be entered shall be ascertained 
 by an officer of the Court or other person; and the attendance 
 of witnessess and the production of documents before such 
 officer or other person may be compelled by subpoena; and such 
 officer or other person may adjourn the inquiry from time to 
 time and shall indorse upon the order for referring the amount 
 of damages to him, the amount found by him and shall deliver 
 the order with such indorsement to the clerk of the court and 
 such and the like proceedings may thereupon be had as to 
 taxation of costs, entering judgment and otherwise as in ordinary 
 cases. [E. 481.] C.O.Y.T. c. 17, R. 242. 
 
 334. Where damages are to be assessed in respect of any Y^f^^ ■ 
 continuing cause of action they shall be assessed down to the cause°of"^ 
 time of assessment. [E. 482.] C.O.Y.T. c. 17, R. 243. action- 
 
 SUMMARY INQUIRIES INTO FRAUDULENT TRANSFERS. 
 
 255. Where a judgment creditor or a person entitled to ^"ginating 
 money under a judgment or order alleges that the debtor or '"" ^' 
 person who is to pay has made a conveyance of his property 
 whether real or personal which is void as being made to delay, 
 hinder or defraud creditors or a creditor an originating summons 
 may be issued by the judgment creditor calling upon the judg- i^quiy into 
 ment debtor or person who is to pay or who has acquired any fraudulent 
 interest thereunder to show cause why the property embraced conveyances. 
 in such conveyance or a competent part thereof should not be 
 sold to realize the amount to be levied under the execution. 
 C.O.Y.T. c. 17, R. 244. 
 
 250. Where any judgment creditor in an action or a person ^°oution'^*'^^ 
 entitled under a judgment or order as aforesaid alleges that the 
 debtor or person who is to pay is entitled to or has an interest in 
 any property which under the former practice could not be sold 
 under legal process but could be rendered available in an action 
 for equitable execution by sale for satisfaction of the debt, an 
 originating summons may be issued by the creditor calling upon 
 the debtor or person who is to pay and the trustee or other person . 
 having the legal estate in the property or the interest therein of 
 the debtor or the person who is to pay to show cause why the 
 property or a competent part of the said property should not be 
 sold to realize the amount to be levied under the execution. 
 C.O.Y.T. c. 17, R. 245. 
 
 257. Upon any application under either of the next twoJ^™""^ 
 preceding rules such proceeding shall be had either in a summary ""^""'y- 
 way or by the trial of an issue or by inquiry before an officer of 
 
 70263—30 
 
466 
 
 Order for 
 sale. 
 
 Chap. 48. 
 
 Judicature. 
 
 the Court or otherwise as the Court or judge deems necessary 
 or convenient for the purpose of ascertaining the truth of the 
 matters in question and whether the property or the debtor's 
 or other person's interest therein is liable for the satisfaction of 
 the execution. C.O.Y.T. c. 17, R. 246. 
 
 258. Where in a summary way or upon the trial of an issue 
 or as the result of any inquiries under the next three preceding 
 rules any property or the interest of any debtor or other person 
 therein is found liable to be sold an order shall be made by the 
 Court or judge declaring what property or what interest therein 
 is liable to be sold and directing the sale thereof according to the 
 usual practice. C.O.Y.T. c. 17, R. 247. 
 
 i^uMtion 259. Pending any such issue or inquiry an interim in- 
 
 or receiver, junction order may be issued or a receiver appointed to prevent 
 
 the transfer, or other disposition of the property. C.O.Y.T. 
 
 c. 17, R. 248. 
 
 ORDER XXIV. 
 
 SPECIAL CASE. 
 
 Special case 200. The parties to any cause or matter at any stage of 
 y consent. ^^^ cause or matter or without any previous proceedings having 
 been instituted may concur in stating the questions of law 
 arising therein in the form of a special case for the opinion of the 
 Court. Every such special case shall be divided into paragraphs 
 numbered consecutively and shall concisely state such facts and 
 documents as may be necessary to enable the Court to decide 
 the questions raised thereby. Upon the argument of such case 
 the Court and the parties shall be at liberty to refer to the 
 whole contents of such documents and the Court shall be at 
 liberty to draw from the facts and documents stated in any 
 special case any inference whether of fact or law which might 
 have been drawn therefrom if proved at a trial. [E. 389.] CO. 
 Y.T. c. 17, R. 249. 
 
 order before 
 trial 
 
 Special case 261. If it appears to the Court or judge that there is in any 
 lawSed by cause or matter a question of law which it would be convenient 
 " ' " to have decided before any evidence is given or any question or 
 issue of fact is tried or before any reference is made to a referee 
 the Court or judge may make an order accordingly and may 
 direct such question of law to be raised for the opinion of the 
 Court either by special case or in any such other manner as the 
 Court or judge deems expedient and all such further proceedings 
 as the decision of such question of law may render unnecessary 
 may thereupon be stayed. [E. 390.] C.O.Y.T. c. 17, R. 251. 
 
 Special case 262. No Special case in any cause or matter to which a 
 raided '^'^°° married woman (not being a party thereto in respect of her 
 disability separate property or of any separate right of action by or against 
 
 is party. 
 
Judicature. Chap. 48. 467 
 
 her), infant or person of unsound mind not so found by judicial 
 
 decision is a party shall be set down for argument without leave 
 
 of the Court or judge, the application for which must be sup- ' . 
 
 ported by sufficient evidence that the statements contained in 
 
 such special case so far as the same affect the interest of such 
 
 married woman, infant or person of unsound mind are true. 
 
 [E. 392.] C.O.Y.T. c. 17, R. 251. 
 
 303. The parties to a special case may if they think fit Agreement 
 enter into an agreement in writing that on the judgment of the oTmoney^"* 
 Court being given in the affirmative or negative of the questions according to 
 of law raised by the special case a sum of money fixed by the result of 
 parties or to be ascertained by the Court or in such manner as ^^"^ 
 the Court directs shall be paid by one of the parties to the other 
 of them either with or without costs of the cause or matter; and 
 the judgment of the Court may be entered for the sum so agreed 
 or ascertained with or without costs as the case may be and 
 execution may issue upon such judgment in the ordinary way 
 unless otherwise agreed or unless stayed on appeal. [E. 394.] 
 C.O.Y.T. c. 17, R. 252. 
 
 ORDER XXY. 
 
 TRIAL. 
 
 304. If when a trial is called on the plaintiff appears and the Defendant 
 defendant does not appear the plaintiff may prove his claim so appg^ring 
 far as the burden of proof lies upon him. [E. 455.] C.O.Y.T. c. 
 17, R. 253. 
 
 365. If when a trial is called on, the defendant appears Plaintiff not 
 and the plaintiff does not appear the defendant if he has no appearing, 
 counterclaim shall be entitled to judgment dismissing the 
 action but if he has a counterclaim then he may prove such 
 counterclaim so far as the burden of proof lies upon him. [E. 
 456.] C.O.Y.T. c. 17, R. 254. 
 
 360. Any verdict or judgment obtained where one party Judgment by 
 does not appear at the trial may be set aside by the Court or default, 
 judge upon such terms as seem fit upon an application within Setting aside, 
 fifteen days after the trial. [E. 457.] C.O.Y.T. e. 17, R. 255. 
 
 267. The judge may if he thinks it expedient for the inter- Postponement 
 ests of justice postpone or adjourn a trial for such time and "^jQ^^nment 
 to such place and upon such terms if any as he thinks fit; of trial, 
 but no trial shall be postponed upon the ground of the 
 absence of a material witness unless the affidavit upon which 
 the application is made distinctly states that the deponent 
 believes and is advised that the party on whose behalf the 
 application is made has a just cause of action or defence upon 
 the merits and that the application is not made solely for delay. 
 [E. 458.] C.O.Y.T. c. 17, R. 256. 
 70263—301 
 
468 
 
 Chap. 48. 
 
 Judicature. 
 
 Accidental 
 omission to 
 prove 
 material fact. 
 
 Speeches to 
 jury- 
 
 Cross 
 examination. 
 
 Vexatious or 
 
 irrevelant 
 
 questions.. 
 
 368. Where through accident or mistake or other cause any 
 party omits or fails to prove some fact material to his case the 
 judge may proceed with the trial subject to such fact being after- 
 wards proved at such time and subject to such terms and condi- 
 tions as to costs and otherwise as the judge directs and if the 
 case is being tried by a jury the judge may direct the jury to find 
 a verdict as if such fact had been proved and the verdict shall 
 take effect on such fact being afterwards proved as directed; and 
 if not so proved judgment shall be entered for the opposite party 
 unless the Court or judge otherwise directs. This rule shall 
 not apply to actions for libel or slander. C.O.Y.T. c. 17, R. 257. 
 
 S69. Upon a trial with a jury the addresses to the jury shall 
 be regulated as follows : the party who begins or his counsel shall 
 be allowed at the close of his case if his opponent does not an- 
 nounce any intention to adduce evidence to address the jury a 
 second time for the purpose of summing up the evidence and the 
 opposite party or his counsel shall be allowed to open his case and 
 also to sum up the evidence if any and the right to reply shall be 
 the same as in England. [E. 460.] C.O.Y.T. c. 17. R. 258. 
 
 STO. The judge may in all cases disallow any questions 
 put in cross-examination of any party or other witness which 
 may appear to him to be vexatious and not relevant to any matter 
 proper to be inquired into in the cause or matter. [E. 462.] 
 C.O.Y.T. c. 17, R. 259. 
 
 Delivery of 
 judgment. 
 
 2T1. The judge shall at or after trial direct judgment 
 to be entered as he thinks right and no motion for judgment 
 shall be necessary in order to obtain such judgment. [E. 463.] 
 C.O.Y.T. c. 17, R. 260. 
 
 ORDER XXVI. 
 
 EVIDENCE, ETC. 
 
 I. — Evidence Generally. 
 
 Evidence 272. In any action the judge may direct the evidence 
 
 b^examkier." either wholly or in part to be taken by any clerk of the court 
 
 or by any other competent person; which clerk or other person 
 th*^r^n or shall be sworn to take the same truly and to reduce it to writing 
 new trial. and On the return of the evidence the judge may give judgment 
 
 upon the evidence taken by the clerk or other person as aforesaid 
 
 Or may order a new trial as justice requires. C.O.Y.T. c. 17, 
 
 R. 261. 
 
 Witnesses to 
 be examined 
 viva voce 
 unless 
 otherwisf 
 agreed or 
 ordered. 
 
 273. In the absence of any agreement in writing between 
 the parties or their solicitors and subject to the provisions 
 of this Ordinance the witnesses at the trial of any action or 
 at any assessment of damages shall be examined viva voce and 
 in open court but the Court or judge may at any time for suffi- 
 
Judicature. Chap. 48. 469 
 
 cient reason order that any particular fact or facts may be 
 proved by affidavits or that the affidavit of any witness may be 
 read at the hearing or trial on such conditions as the Court or 
 judge think reasonable or that any witness whose attendance in 
 Court ought for some sufficient cause to be dispensed with be 
 examined by interrogatories or otherwise before a commissioner 
 or examiner: 
 
 Provided that where it appears to the Court or judge that the 
 other party bona fide desires the production of a witness for cross- 
 examination and that such witness can be produced an order shall 
 not be made authorizing the evidence of such witness to be 
 given by affidavit. [E. 483.] C.O.Y.T. c. 17, R. 262. 
 
 2'7'4. An order to read evidence taken in another cause or Reading 
 matter shall not be necessary but such evidence may saving taken°ki''other 
 all just exceptions be read by leave of the Court or judge, causes. 
 [E. 485.] C.O.Y.T. c. 17, R. 263. 
 
 375. Copies of all writs, records, pleadings and documents Office copies 
 filed in court when certified by the clerk shall be admissible admissible in 
 in evidence in all causes and matters and between all persons 
 
 or parties to the same extent as the original would be admissible. 
 [E. 486.] C.O.Y.T. c. 17, R. 264. 
 
 376. Impounded documents while ^n the custody of the impounded 
 court are not to be parted with; and are not to be inspected ^°°"'^®"*°' 
 except on a written order signed by the judge on whose order 
 
 they were impounded. C.O.Y.T. c. 17, R. 265. No. 7 of 1914, 
 s. 2. 
 
 II. — Examination of Witnesses. 
 
 377. The Court or judge may in any cause or matter when Order for 
 it appears necessary for the purposes of justice niake any order of^tness?"^ 
 for the examination upon oath viva voce or by interrogatories 
 
 in writing before the Court or judge or any officer of the court 
 or any other person and at any place of any witness or person 
 and may empower any party to any such cause or matter to 
 give such deposition in evidence therein on such terms if any 
 as the Court or judge directs. [E. 487.] C.O.Y.T. c. 17, R. 266. 
 
 378. The Court or judge may in any cause or matter at Order for 
 any stage of the proceedings order the attendance of any person 5o°uments °^ 
 for the purpose of producing any writings or other documents 
 
 named in the order the production of which the Court or judge 
 thinks requisite: 
 
 Provided that no 'person shall be compelled to produce under 
 any such order any writing or other document which he could 
 not be compelled to produce at the hearing or trial. [E. 489.] 
 C.O.Y.T. c. 17, R. 267. 
 
 379. Any person wilfully disobeying any order requiring Disobedience 
 his attendance for the purpose of being examined or of producing ° °^ ^^' 
 
470 Chap. 48. Judicature. 
 
 any document shall be deemed guilty of contempt of court and 
 may be dealt with accordingly. [E. 490.1 C.O.Y.T. c. 17, 
 R. 268. 
 
 Soney"* 280. Any person required to attend for the purpose of 
 
 being examined or of producing any document shall be entitled 
 to the like conduct money and payment for expenses and loss 
 of time as upon attendance at a trial in court. [E. 491.1 CO. 
 Y.T. c. 17, R. 269. 
 
 Copy of 281. Where any witness or person is ordered to be examined 
 
 be°Smii£S ° before any officer of the Court or before any person appointed 
 examiner. for the purpose the person taking the examination shall be 
 furnished by the party on whose application the order was made 
 with a copy of the proceedings in the cause or with a copy of 
 the documents necessary to inform the person taking the 
 examination of the questions at issue between the parties. 
 [E. 492.] C.O.Y.T. c. 17. R. 270. 
 
 Conduct of 282. The examination shall take place in the presence of 
 
 the parties, their counsel, solicitor or agent and the witnesses 
 shall be subject to cross-examination and re-examination. 
 [E. 493.] C.O.Y.T. c. 17, R. 271. 
 
 Depositions, 283. The depositions taken before an officer of the Court 
 teki^° or before any other person appointed to take the examination 
 
 shall be taken down in writing by or in the presence of the 
 examiner not ordinarily by question and answer but so as to 
 Reading and represent as nearly as may be the statement of the witness and 
 signatures, when completed shall be read over to the witness and signed 
 by him in the presence of the parties or such of them as think 
 fit to attend. If the witness refuses to sign the depositions 
 Questions and the examiner shall sign the same. The examiner may put down 
 ajiswers. any particular question or answer if there appears any special 
 reason for doing so and may put any question to the witness 
 Objections, ^g ^q ^j^g meaning.of any answer or as to any matter arising in 
 the course of the examination. Any questions which are 
 objected to shall be taken down by the examiner in the deposi- 
 tions and he shall state his opinion thereon to the solicitors 
 or parties and shall refer to such statement in the depositions 
 but he shall not have the power to decide upon the materiality 
 or relevancy of any question. [E. 494.] C.O.Y.T. c. 17, R. 272. 
 
 Disobedience 284. If any person duly summoned by subpoena to attend 
 of witness. f^y examination refuses to attend or if having attended he 
 refuses to be sworn or to answer any lawful question a certificate 
 of such refusal signed by the examiner shall be filed in court 
 and thereupon the party requiring the attendance of the witness 
 may apply to the Court or judge ex parte or on notice for an order 
 directing the witness to attend or to be sworn or to answer any 
 question as the case may be [E. 495.] C.O.Y.T. c. 17, R. 273. 
 
 Objections by 285. If any witness objects to any question put to him 
 witness. before an examiner the question so put and the objection of the 
 
Judicature. Chap. 48. 471 
 
 witness thereto shall be taken down by the examiner and trans- 
 mitted by him to the court to be there filed and the validity of 
 the objection shall be decided by the Court or iudse. [E. 496.1 
 C.O.Y.T. c. 17, R. 274. 
 
 3$G. If it is made to appear to the judge that a witness has Witness 
 been duly served with a subpoena and his fees for travel and gu^'^o^nl"^ 
 attendance paid or tendered to him and that such witness 
 refuses or neglects to attend to give evidence as required by his 
 subpoena and that his evidence is necessary and material it shall 
 be lawful for the judge in addition to any powers which- he 
 possesses for the punishment of such witness to issue a warrant Warrant for 
 under his hand and seal directed to the sheriff or other officer or arrest, 
 officers for the immediate arrest of such witness to be brought 
 before the court or person authorized to hear the evidence for 
 the purpose of giving evidence in the cause. C.O.Y.T. c. 17, 
 R. 275. 
 
 SST. In any case under the next three preceding rules the Costs against 
 court or judge shall have power to order the witness to pay any ^Hiness'.'™* 
 costs occasioned by his refusal or objection. [E. 497.] CO. 
 Y.T. c. 17, R. 276. 
 
 288. When the examination of any witness before any Return of 
 examiner has been concluded the original depositions authenti- depositions, 
 cated by the signature of the examiner shall be returned by him 
 
 to the clerk of the Court to whom the same is returnable and by 
 him shall be filed. [E. 498.] C.O.Y.T. c. 17, R. 277. 
 
 289. The person taking the examination of a witness under Special 
 the provisions of this order may and if need be shall make a examiner, 
 special report to the Court touching such examination and the 
 conduct or absence of any witness or other person thereon and 
 
 the Court or judge may direct such proceedings and make such 
 order as upon the report they or he thinks just. [E. 499.] CO. 
 Y.T. c. 17, R. 278. 
 
 290. Except where it is otherwise provided or is directed Depositions, 
 by the Court or judge no deposition shall be given in evidence at "vldenre. 
 the hearing or trial of the cause or matter without the consent 
 
 ffi the party against whom the same is offered unless the Court 
 or judge is satisfied that the deponent is dead or beyond the 
 jurisdiction of the Court or unable from sickness or other in- 
 firmity to attend the hearing or trial in any of which cases the 
 depositions certified under the hand of the person taking the 
 examination shall be admissible in evidence saving all just 
 exceptions without proof of the signature to such certificate. 
 [E. 500.] C.O.Y.T. c. 17, R. 279. 
 
 291. Any officer of the court or other person directed to Oaths, 
 take the examination of any witness or person may administer 
 oaths. [E. 501.] C.O.Y.T. c. 17, R. 280. 
 
472 
 
 Chap. 48. 
 
 Judicature. 
 
 Examination 
 for use in 
 proceedings 
 in cause. 
 
 Cross- 
 examination 
 on affidavit. 
 
 393. Any party in any cause or matter may by subpoena 
 ad testificandum or duces tecum require the attendance of any 
 witness before an officer of the court or other person appointed 
 to take the examination for the purpose of using his evidence 
 upon any proceeding in the cause or matter in the like manner 
 as such witness would be, bound to attend and be examined at 
 the hearing or trial; and any party or witness having made an 
 affidavit to be used or which is used on any proceeding in the 
 cause or matter shall be bound on being served with such sub- 
 poena to attend before such officer or person for cross-examination. 
 E. 502.] C.O.Y.T. c. 17, R. 281. 
 
 Evidence 393. Evidence taken subsequently to the hearing or trial 
 
 trbl" ^'^^"^ ^^ ^^y cause or matter shall be taken as nearly as may be in the 
 
 same manner as evidence taken at or with a view to a trial. 
 
 [E.503.] C.O.Y.T. c. 17, R. 282. 
 
 Practice on 394. The practice with reference to the examination, cross- 
 evjSce. examination and re-examination of witnesses at a trial shall 
 extend and be applicable to evidence taken in any cause or 
 matter at any stage. [E. 504.] C.O.Y.T. c. 17, R. 283. 
 
 Special 
 directions as 
 to taking 
 evidence. 
 
 395. The practice of the Court with respect to evidence at a 
 trial when applied to evidence to be taken before an officer of 
 the Court or other person in any cause or matter after the hearing 
 or trial shall be subject to any special directions which are given. 
 [E. 505.] C.O.Y.T. c. 17, R. 284. . 
 
 Notice to use 396. No affidavit or deposition ffied or made before issue 
 deposition at joined in any cause or matter shall without special leave of the 
 trial. Court or judge be received at the hearing or trial thereof unless 
 
 within one month after the cause is at issue or within such 
 longer time as is allowed by special leave of the Court or a judge 
 notice in writing has been given by the party intending to use 
 the same to the opposite party of his intention in that behalf. 
 [E. 506.] C.O.Y.T. c. 17, R. 285. 
 
 Evidence at 397. All evidence taken at the hearing or trial of any cause 
 subsequent ^r matter may be used in any subsequent proceedings in the 
 use of. ' cause or matter. [E. 507.] C.O.Y.T. c. 17, R. 286. 
 
 III. — Subpcena. 
 
 Subpoena for 398. When a subpoena is required for the attendance of a 
 chambers. witness for the purpose of proceedings in chambers such subpcena 
 
 shall issue from the clerk's office upon a note from the judge. 
 
 [E. 510.] C.O.Y.T. c. 17, R. 287. 
 
 Service of 
 subpcena. 
 
 399. The service of a subpoena shall be effected by deh- 
 vering a copy of the writ and of the indorsement thereon and 
 at the same time producing the original writ. [E. 514.] 
 C.O.Y.T. c. 17, R. 288. 
 
Judicature. Chap. 48. 473 
 
 IV. — Perpetuating Testimony. 
 
 300. Any person who, under the circumstances alleged Action to 
 by him to exist, becomes entitled upon the happening of any ^Simony 
 future event to any office or to any estate or interest in any ™ 
 property real or personal the right or claim to which caimot 
 
 by him be brought to trial before the happening of such event 
 may commence an action to perpetuate any testimony which 
 may be material for establishing such right or claim. [E. 517.] 
 C.O.Y.T. c. 17, R. 289. 
 
 301. Witnesses shall not be examined to perpetuate testi- Witnesses, 
 mony unless an action has been commenced for the purpose. 
 
 [E. 519.] C.O.Y.T. c. 17, R. 290. 
 
 302. No action to perpetuate the testimony of witnesses Trial 
 shall be set down for trial. [E. 520.] C.O.Y.T. c. 17, R. 291. 
 
 ORDER XXVII. 
 
 AFFIDAVITS AND DEPOSITIONS. 
 
 303. Upon any motion, petition or summons evidence Evidence on 
 may be given by affidavit; but the Court or judge may on ™°*'°"S' etc. 
 the application of either party order the attendance for cross- 
 examination of the person making any such affidavit and may 
 
 make such interim order or otherwise as appears necessary to ^'^°^^: 
 meet the justice of the case. [E. 521.] C.O.Y.T. c. 17, R. 292. ^''^'""'^*"'"- 
 
 304. Except by special leave of the Court or a judge affi- Filing of 
 davits upon which a notice of motion or petition is founded »*^<ia'^'*s. 
 shall be filed before the return day of the notice of motion or 
 petition and served therewith and any affidavits to h6 used in 
 
 reply shall be served not later than the day immediately pre- 
 ceeding the return day of such motion or petition and filed 
 before said return day, and the affidavits in reply to matter 
 may be filed and served on the morning of the return day, 
 and any exhibits, copies of which are not served with the affi- 
 davits, and which are to be used upon the application, are to 
 be deposited with the clerk at the time of the filing of the 
 affidavits, such exhibits, unless otherwise ordered, to be delivered 
 out to the party depositing same, after the disposal of the motion. 
 No. 22 of 1903, s. 21. 
 
 305. Every affidavit shall be intituled in _ the cause or i„tituiing 
 matter in which it is sworn; but in every case in which there affidavits, 
 is more than one plaintiff or defendant it shall be sufficient 
 
 to state the full name of the first plaintiff or defendant 
 respectively and that there are other plaintiffs or defendants as 
 the case may be; and the costs occasioned by any unnecessary 
 prolixity in any such title shall be disallowed. [E. 522.] CO. 
 Y.T. c. 17, R. 203. 
 
474 
 
 Chap. 4S. 
 
 Judicature. 
 
 ^onW to . ^*®* -'Affidavits shall be confined to such facts as the witness 
 
 facts. is able of his own knowledge to prove except on interlocutory 
 
 Statements of ^^^io^^s on which statements as to his belief with the grounds 
 
 beiie^!"^" ^ ° thereof may be admitted. The costs of every affidavit which 
 
 shall unnecessarily set forth matters of hearsay or argumentative 
 
 matter or copies of or extracts from documents shall be paid 
 
 by the party filing the same. [E. 523.] C.O.Y.T. c. 17, R. 204. 
 
 ^afhT^^""" ^*^' -'Affidavits sworn in the Yukon Territory shall be 
 
 sworn before a judge, clerk of the Court or deputy clerk, notary 
 public, justice of the peace or commissioner empowered to 
 administer oaths. [E. 524.] C.O.Y.T. c. 17, R. 295. 
 
 Jurat: time 
 and place 
 of oath. 
 
 Form of 
 affidavits. 
 
 308. Every person administering oaths shall express the 
 time when and the place where he takes any affidavit or recogniz- 
 ance; otherwise the same shall not be held authentic nor be 
 admitted to be filed without the leave of the Court or judge. 
 [E.'525.] C.O.Y.T. c. 17.. R. 206. 
 
 309. Every affidavit shall be drawn up in the first person 
 and shall be divided into paragraphs and every paragraph 
 shall be numbered consecutively and as nearly as may be 
 shall be confined to a distinct portion of the subject. No 
 costs shall be allowed for any af&davit or part of an affidavit 
 substantially departing from this rule. [E. 527.] C.O.Y.T. 
 c. 17, R. 298. 
 
 Description of 310. Every affidavit shall state the description and true 
 sfmataire place of abode of the deponent and shall be signed by him. 
 [E. 528.] C.O.Y.T. c. 17, R. 299. 
 
 AflSdayitsby 31X. In every affidavit made by two or more deponents 
 the names of the several persons making the affidavit shall be 
 inserted in the jurat except that if the affidavit of all the depo- 
 nents is taken at one time by the same officer it shall be sufficient 
 to state that it was sworn by both or all of the "above named" 
 deponents. [E. 529.] C.O.Y.T. c. 17, R. 300. 
 
 several 
 deponents. 
 
 313. Every affidavit used in a cause, matter or proceeding 
 C.O.Y.T., c. 17, R. 301. 
 
 Affidavits 
 
 fiied.*°''^ shall be filed. [E. 530.] 
 
 Scandalous 
 matter. 
 
 313. The Court or judge may order to be struck out from 
 any affidavit any matter which is scandalous and may order 
 the costs of any application to strike out such matter to be 
 paid by the offending party. [E. 531.] C.O.Y.T., c. 17, R. 302. 
 
 Alterations in 
 affidavits. 
 
 314. No affidavit having in the jurat- or body thereof any 
 interlineation, alteration or erasure shall without leave of the 
 Court or judge be read or made use of in any matter depending 
 in Court unless the interlineation or alteration (other than by 
 erasure) is authenticated by the initials of the officer taking the 
 affidavit nor in the case of an erasure unless the words or figures 
 appearing at the time of taking the affidavit to be written on the 
 
Judicature. Chap. 48. 475 
 
 erasure are written and signed or initialled in the margin of the 
 affidavit by the officer taking it. [E. 532.] C.O.Y.T. c. 17, 
 R. 304. 
 
 315. Where an affidavit is sworn by any person who ap- Affidavits by 
 pears to the officer taking the affidavit to be illiterate or blind illiterate or 
 the officer shall certify in the jurat that the affidavit was read in ^^'"^ p^"™' 
 his presence to the deponent, that the deponent seemed perfectly 
 
 to understand it and that the deponent made his signature or 
 mark in the presence of the officer. No such affidavit shall be 
 used in evidence in the absence of this certificate unless the 
 Court or judge is otherwise satisfied that the affidavit was read 
 over to and appeared to be perfectly understood by the de- 
 ponent. [E. 533.] C.O.Y.T. c. 17, R. 304. 
 
 316. The Court or judge may receive any affidavit sworn "Use of 
 for the purpose of being used in any cause or matter notwith- ^^1^^]^ 
 standing any defect by misdescription of parties or otherwise 
 
 in the title or jurat or any other irregularity in the form thereof 
 and n;iay direct a memorandum to be made on the document 
 that it has been so received. [E. 534.] C.O.Y.T. c. 17, R. 305. 
 
 317. A copy of an affidavit may in all cases be used the ori- Office copies. 
 ginal affidavit having been previously filed and the copy duly 
 authenticated with the certificate of the clerk with the seal 
 
 of the Court. [E. 535.] C.O.Y.T. c. 17, R. 306. 
 
 318. No affidavit shall be sufficient if sworn before the Affidavit 
 solicitor acting for the party on whose behalf the affidavit sworn before 
 is to be used or before any agent of such solicitor or before or agent 
 the party himself. [E. 536.] C.O.Y.T. c. 17, R. 307. 
 
 319. Any. affidavit which would be insufficient if sworn or clerk or 
 before the solicitor himself shall be insufficient if sworn before p^'^*"''''- 
 his clerk or partner. [E. 537.] C.O.Y.T. c. 17, R. 308. 
 
 330. Where a special time is limited for filing affidavits Time limited 
 no affidavit filed after that time shall be used unless by leave ^"'^ ^l™s. 
 
 of the Court or judge. On motions founded on affidavits either 
 party may by leave of the Court or judge make affidavits in 
 answer to the affidavits of the opposite party as to new matter Affidavits in 
 arising out of such affidavits. [E. 538.] C.O.Y.T. c. 17, R. 309. answer. 
 
 331. Except by leave of the Court or judge no order made Affidavits on 
 ex parte in court founded on any affidavits shall be of any force «* »?'''« 
 unless the affidavit on which the application was made was ™° '°"^' 
 actually made before the order was applied for and produced or 
 
 filed at the time of making the application. [E. 539.] C.O.Y. 
 T. c. 17, R. 310. 
 
 333. All affidavits which have been previously made and usein 
 read in Court upon any proceedings in a cause or matter may be chambers of 
 used before a judge in chambers. [E. 542.] C.O.Y.T. c. 17, S^'^ourt 
 R. 311. 
 
476 
 
 Chap. 48. 
 
 Judicature. 
 
 Affidavits of 
 service . 
 
 333. Affidavits of service upon any party must state when, 
 where and how and by whom such service was effected. [E. 
 1020.] C.O.Y.T. c. 17, R. 312. 
 
 ^^rifi*d°°^ '" 324. Every alteration in an account verified by affidavit 
 accounts. shall be marked with the initials of the commissioner or officer 
 before whom the affidavit is sworn and such alteration shall not 
 be made by erasure. [E. 542.] C.O.Y.T. c. 17, R. 313. 
 
 Exhibits, 325. Accounts, extracts and other documents referred to by 
 
 re erence o. a^fg^g^yj^ gj^g^U ^^^ Y)e annexed to the affidavit or referred to in the 
 
 affidavit as annexed but shall be referred to as exhibits. [E. 543.] 
 
 C.O.Y.T. c. 17, R. 314. 
 
 Certificate on 
 exhibit. 
 
 31 0. Every certificate on an exhibit referred to in an affi- 
 davit signed by the commissioner or officer before whom the 
 affidavit is sworn shall be marked with the short title of the 
 cause or matter. [E. 544.] C.O.Y.T. c. 17, R. 315. 
 
 ORDER XXVIII. 
 
 Judgment on 
 motion. 
 
 MOTION FOR JUDGMENT. 
 
 327. Except where it is otherwise provided that the judg- 
 ment may be obtained in any other manner the judgment of the 
 Court shall be obtained by motion for judgment. [E. 559.] 
 C.O.Y.T. c. 17, R. 316. 
 
 Judgment on 328. Where at or after a trial with a jury the judge has 
 findings of directed that any judgment be entered any party may apply to 
 
 set aside such judgment and enter any other judgment on the 
 Setting aside, ground that the judgment directed to be entered is wrong by 
 
 reason that the finding of the jury upon the questions submitted 
 
 to them has not been properly entered. [E. 561.] C.O.Y.T. 
 
 c. 17, R. 317. 
 
 Setting aside 
 judgment 
 directed to 
 be entered 
 by judge. 
 
 329. Where at or after a trial by a judge either with or 
 without a jury the judge has directed that any judgment be 
 entered any party may apply to set aside such judgment and 
 enter any other judgment upon the ground that upon the finding 
 as entered the judgment so directed is wrong. [E. 562.] CO. 
 Y.T. c. 17, R. 318. 
 
 Application 330. An application under the two next preceding rules 
 AoDeaf * °^ stiall be to The Court of Appeal of British Columbia. [E. 563.] 
 C.O.Y.T. c. 17, R. 319; No. 7 of 1914, s. 3. 
 
 Setting down 
 motion for 
 judgment 
 after issues 
 tried . 
 
 331. When issues have been ordered to be tried or issues or 
 questions of fact to be determined in any manner ihe plaintiff 
 may set down a motion for judgment as soon as such issues or 
 questions have been determined. If he does not set down such 
 a motion and give notice thereof to the other parties within ten 
 
Jtidicature. Chap. 48. 477 
 
 days after his right so to do has arisen then after the expiration 
 of such ten days any defendant may set down a motion for judg- 
 ment and give notice thereof to the other parties. [E. 565.] 
 C.O.Y.T. c. 17, R. 320. 
 
 333. When issues have been ordered to be tried or issues or After trial 
 questions of fact to be determined in any manner and some only P^ ^°^^ °^ 
 of such issues or questions of fact have been tried or determined ordered. 
 any party who considers that the result of such trial or deter- 
 mination renders the trial or determination of the others of 
 them unnecessary or renders it desirable that the trial or deter- 
 mination thereof should be postponed may apply to the Court 
 or judge for leave to set down a motion for judgment without Motion tor 
 waiting for such trial or determination; and the Court or judge judgment, 
 may if satisfied of the expediency thereof give such leave upon 
 such terms if any as appear just and may give any directions which 
 appear desirable as to postponing the trial of the other issues of 
 fact. [E. 566.] C.O.Y.T. c. 17, R. 321. 
 
 333. No motion for judgment shall except by leave of the Motion to 
 Court or judge be set down after the expiration of one year from ^^^^n o°^ 
 the time when the party seeking to set down the same first year, 
 became entitled so to do. [E. 567.] C.O.Y.T. c. 17, R. 322. 
 
 334. Upon a motion for judgment or upon an application for Motion for 
 a new trial the Court may draw all inferences of fact not incon- jj"'^^™?"* °^ 
 sistent with the finding of the jury and if satisfied that it has 
 
 before it all the materials necessary for finally determining the 
 questions in dispute or any of them or for awarding any relief {^|^etc^^ ° 
 sought give judgment accordingly or may if it is of opinion that 
 it has not sufficient materials before it to enable it to give judg- 
 ment direct the motion to stand over for further consideration 
 and direct such issues or questions to be tried or determined and 
 such accounts and inquiries to be taken and made as it thinks 
 fit. [E. 568.] C.O.Y.T. c. 17, R. 323. 
 
 335. Where it is made to appear to the Court or judge on Court or 
 the hearing of any application which is pending before the Court jJi^fotTny 
 or judge that it will be conducive to the ends of justice to permit application to 
 it, the Court or judge may direct any application to be turned be turned into 
 into a motion for judgment or hearing of the cause or matter; j^dgm^nt^or 
 and thereupon the Court or judge may make such order as to hearing of 
 the time and manner of giving the evidence in the cause and ''^"^''■ 
 matter and with respect to the further prosecution thereof as the 
 circumstances of the case require; and upon the hearing it shall 
 
 be discretionary with the Court or judge to either pronounce a 
 judgment or make such order as the Court or judge deems 
 expedient. C.O.Y.T. c. 17, R. 324. 
 
 330. Where at any time after the writ of summons has been Court or judge 
 issued it is made to appear to the Court or judge on an ex parte ™ay permit 
 apphcation that it will be conducive to the ends of justice to notice o° 
 permit a notice of motion for a judgment to be forthwith served motion for 
 
478 
 
 Chap. 48. 
 
 Judicature. 
 
 judgment 
 
 before 
 
 appearance. 
 
 the Court or judge may order the same accordingly and when 
 such permission is granted the Court or judge shall give such 
 directions as to the service of the notice of motion and affidavits 
 as are expedient. Upon the hearing of such motion the Court 
 or judge instead of either granting or refusing the application 
 may give such directions for the examination of either parties 
 or witnesses or for the making of further inquiries or with respect 
 to the further prosecution of the suit as the circumstances of the 
 case requires and upon such terms as to costs as the Court or 
 judge thinks right. C.O.Y.T. c. 17, R. 325. 
 
 ORDER XXIX. 
 
 Recording 
 orders, 
 decrees and 
 judgments. 
 
 Certified 
 
 copies 
 
 evidence. 
 
 JUDGMENT AND ENTRY OF JUDGMENT. 
 
 337. Except whfere oiihei^rise provided every order or 
 decree and every other judgment that the judge so directs 
 shall be entered by the proper officer at length in a book to 
 be kept for such purpose properly indexed and a copy of such 
 entry certified by the proper officer under the seal of the Court 
 shall be received for all purposes as of the same force and effect 
 as such original order, decree or judgment. C.O.Y.T. c. 17, 
 R. 326. 
 
 Judgment to 338. Where any judgment is pronounced by the Court or 
 
 asofdate'* judge the entry of judgment shall be dated as of the day on 
 
 pronounced, which such judgment is pronounced unless the Court or judge 
 
 otherwise orders and the judgment shall take effect from that 
 
 date: 
 
 Provided that by special leave of the Court or judge a judg- 
 ment may be antidated or postdated. [E. 571.] C.O.Y.T. 
 c. 17, R. 327. 
 
 Dateof entry 339. In all cases not within the next preceding rule the entry 
 
 mother cases, ^j judgment shall be dated as of the day on which the requisite 
 
 documents are left with the proper officer for the purpose 
 
 of such entry and the judgment shall take effect from that 
 
 date. [E. 572.] C.O.Y.T. c. 17, R. 328. 
 
 Time to be 340. Every judgment or order made in any cause or matter 
 
 doU^anyact requiring any person to do an act thereby ordered shall state 
 ordered to the time or the time after service of the judgment or order 
 be done. within which the act is to be done and upon the copy of the 
 judgment or order which shall be served upon the person 
 required to obey the same there shall be indorsed a memo- 
 randum in the words or to the effect following, namely : 
 Memorandum "jf you the within named A.B. neglect to obey this judgment 
 indorsed. (or order) by the time therein limited you will be liable to 
 process of execution for the purpose of compelling you to obey 
 the same judgment (or order)." [E. 573.] C.O.Y.T. c. 17, 
 R. 329. 
 
Judicature. Chap. 48. 
 
 341. In any action for tort including libel and slander the Judgment 
 judge before whom such action is tried may at the time of render- ^°j^°*'°"^ ''"' 
 ing judgment or at any subsequent time direct payment of the 
 amount due on such judgment, including costs forthwith or at 
 
 such later time as the judge deems proper and may direct 
 unless such order is complied with that the defendant be impri- 
 soned for such time as he directs not exceeding one year unless 
 the amount so due is sooner paid. No. 10 of 1904, s. 1. 
 
 342. Where it is provided that any judgment may be Entry of 
 entered upon the filing of any affidavit, or production of any production°of 
 document the clerk shall examine the affidavit or document affidavit or 
 produced and if the same is regular and contains all that is document: 
 by law required he shall enter judgment accordingly. [E. 574.] 
 C.O.Y.T. c. 17, R. 330. 
 
 343. Where any judgment may be entered pursuant to Entry on 
 any order or certificate or return to any writ the production production of 
 of such order, certificate or return shall be sufficient authority certificate. 
 to the officer to enter judgment accordingly. [E. 575.] CO. 
 
 Y.T. c. 17, R. 331. 
 
 344. In any cause or matter where the defendant has po°sent 
 appeared by solicitor no order for entering judgment shall '" ^™^° ' 
 be made by consent unless the consent of the defendant is Defendant 
 given by his solicitor or agent. [E. 577.] C.O.Y.T. c. 17, represented. 
 R. 332. 
 
 345. Where the defendant has not appeared or has appeared Consent 
 in person no such order shall be made unless the defendant Judgment, 
 attends before a judge and gives his consent in person or unless Defendant 
 his written consent is attested by a solicitor acting on his behalf. ™ person. 
 [E. 578.] C.O.Y.T. c. 17, R. 333. 
 
 346. Satisfaction of a judgment shall be signed by the Satisfaction 
 plaintiff or his personal representatives, or by a solicitor specially of judgment, 
 authorized for that purpose in writing unless the judge on special 
 circumstances set forth by affidavit dispenses with such auth- 
 orization. C.O.Y.T. c. 17, R. 334. No. 22 of 1903, s. 22. 
 
 ORDER XXX. 
 
 EXECUTION. 
 
 I. — Execution Generally. 
 347. Where any person is by order directed to pay any Judgment or 
 
 money or deliver up or transfer any property real or personal °beyed 
 to another it shall not be necessary to make any demand thereof without 
 but the person so directed shall be bound to obey such order demand 
 upon being duly served with a copy of thd same without demand 
 [E. 579.] C.O.Y.T. c. 17, R. 335. 
 
480 
 
 Chap. 48. 
 
 Judicature. 
 
 'iXment'** ' ^'**' Where any person who has obtained any judgment 
 ju gmen ^^ order upon condition does not perform or comply with such 
 condition he shall be considered to have waived or abandoned 
 such judgment or order so far as the same is beneficial to him- 
 self and any other person interested in the matter may on 
 Breach or non- breach or non-performancc of the condition take either such 
 ofconditkm. proceedings as the judgment or order in such case warrants 
 or such proceedings as might have been taken if no such judg- 
 ment or order had been made unless the Court or judge otherwise 
 directs. [E. 580.] C.O.Y.T. c. 17, R. 336. 
 
 Execution 
 to enforce 
 payment of 
 money. 
 
 Where time 
 allowed by 
 judgment. 
 
 Stay of 
 execution . 
 
 349. Every person to whom any sum of money or any 
 costs are payable under a judgment or order so soon as the 
 money or costs are payable shall be entitled to sue out one 
 or more writ or writs of fieri facias to enforce payment thereof 
 subject nevertheless as follows: 
 
 (a) If the judgment or order is for payment within a 
 period therein mentioned no such writ as aforesaid 
 shall be issued until after the expiration of such period; 
 (6) The Court or a judge may at or after the time of giving 
 judgment or making an order stay execution until such 
 time as it or he thinlis fit. [E. 595.] C.O.Y.T. c. 17, 
 R. 337. 
 
 Recovery 
 of land . 
 
 350. A judgment for the recovery or for the delivery or the 
 possession of land may be enforced by writ of possession. [E. 
 583.] C.O.Y.T. c. 17, R. 338. 
 
 Recovery of 351. A judgment for the recovery of any property other 
 other than land or money may be enforced by writ for the delivery 
 
 property. ^^ ^^^ property. [E. 584.] C.O.Y.T. c. 17, R. 339. 
 
 Judgment t9 352. A judgment requiring any person to do any act other 
 from' My art! than the payment of money or to obstain from doing anything 
 
 may be enforced by writ of attachment or by committal. [E. 585.] 
 
 C.O.Y.T. c. 17, R. 340. 
 
 Judgment on 
 condition. 
 
 Execution of. 
 
 353. Where a judgment or order is to the effect that any 
 party is entitled to any relief subject to or upon the fulfilment of 
 any condition or contingency the party so entitled may upon 
 the fulfilment of the condition or contingency and demand made 
 upon the party against whom he is entitled to relief apply to the 
 judge for leave to issue execution against such party; and the 
 judge may if satisfied that the right to relief has arisen according 
 to the terms of the judgment or order, order that execution 
 issue accordingly or may direct that any issue or question 
 necessary for the determination of the rights of the parties be 
 tried in any of the ways in which questions arising in any action 
 may be tried. [E. 587.] C.O.Y.T. c. 17, R. 341. 
 
 354. Where a judgment or order is against a firm execution 
 may issue : 
 
 Execution 
 
 in case of ^^^ »„„„... 
 
 igtm^t "firms. («) Against any property of the partnership; 
 
Judicature. Chap. 48. 481 
 
 (6) Against the property of any person who has appeared 
 in his own name or who has admitted on the pleadings 
 that he is or who has been adjudged to be a partner; 
 (c) Against the property of any person who has been indi- 
 vidually served as a partner with a writ of summons and 
 has failed to appear; 
 2. If the party who has obtained judgment or an order Application 
 claims to be entitled to issue execution against any other person -gJue ag|in°t 
 as being a member of the firm he may apply to a judge for leave members 
 so to do; and a judge may give such leave if the liability is not "f ^"^ 
 disputed or if such liability is disputed may order that the 
 liability of such person be tried and determined in any manner 
 in which any issue or question in an action may be tried and 
 determined; but except as against any property of the partner- Judgment 
 ship a judgment against a firm shall not render liable, release or "o* to affect 
 otherwise affect any member thereof who was out of the furisdlction" 
 jurisdiction when the writ was issued and who has not appeared 
 to the writ unless he has been made a party to the action or has 
 been served with the writ in the action. [E. 648/i.] C.O.Y.T. 
 c. 17, R. 342. 
 
 355. No writ of execution shall be issued without the party Precipe 
 issuing it or his solicitor filing a praecipe for that purpose; the °'' ^''^'^"t'^"- 
 praecipe shall contain the title of the action, the reference to the 
 
 record, the date of the judgment and of the order if any directing 
 the execution to be issued, the names of the parties against whom 
 or of the firm against whose goods the execution is to be issued 
 and shall be signed by or on behalf of the solicitor of the party 
 issuing it or by the party issuing it if he does so in person. [E. 
 590.] C.O.Y.T. c. 17, R. 343. 
 
 356. When entitled thereto the party in whose favour E.xecution, 
 such judgment has been entered may have one or more writs """^ °^ more. 
 of execution directed to the sheriff for levying the amount due 
 
 on such judgment and legal interest thereon and costs subse- 
 quent to such judgment by distress and sale of the goods and 
 chattels and personal property liable to seizure and sale for 
 debt of the party against whom the said judgment has been so 
 entered. C.O.Y.T. c. 17, R. 344. 
 
 357. Every writ of execution shall bear date the day of its Date of 
 issue and shall remain in force for two years from its date (and no Duration', 
 longer if unexecuted unless renewed) but such writ may at any Renewal, 
 time before its expiration and so from time to time during the conti- 
 nuance of the renewed writ be renewed by the party issuing it 
 
 for two years from the date of such renewal by being marked 
 in the margin with a memorandum to the effect following: 
 "Renewed for two years from the day of 
 
 A.D. 19 ," (signed by the clerk); 
 
 and the production of a writ of execution marked as renewed in 
 manner aforesaid shall be sufficient evidence of its having 
 been so renewed; and a writ of execution so renewed shall have 
 effect and be entitled to priority according to the time of the 
 original delivery thereof. C.O.Y.T. c. 17, R. 345. 
 70263—31 
 
482 
 
 Chap. 48. 
 
 Judicature. 
 
 Indorsement 358. Every writ of execution for the recovery of money 
 toaheriff°° ^^^^^ be indorsed with a direction to the sheriff or other officer 
 or person to whom the writ is directed to levy the money really 
 due and payable and sought to be recovered under the judgment 
 or order stating the amount and also to levy legal interest thereon 
 if sought to be recovered, together with sheriff's fees, poundage 
 and other expenses of execution. [E. 594.] C.O.Y.T. c. 17, 
 R. 346. 
 
 Execution 
 may issue 
 within six 
 
 years. 
 
 Leave to 
 issue 
 
 execution in 
 certain cases. 
 
 359. As between the original parties to a judgment or order 
 execution may issue at any time within six years from the 
 recovery of the judgment or the date of the order. [E. 600.] 
 C.O.Y.T. c. 17, R. 347. 
 
 360. In the following cases namely: 
 
 (o) Where six years have elapsed since the judgment or 
 date of the order or any change has taken place by death 
 or otherwise in the parties entitled or liable to execution; 
 
 (6) Where a husband is entitled or liable to execution upon 
 a judgment or order for or against a wife; 
 
 (c) Where a party is entitled to execution upon a judgment 
 of assets in futuro; 
 
 (d) Where a party is entitled to execution against any of 
 the shareholders of a joint stock company upon a judg- 
 ment recorded against such company or against a pubHc 
 officer or other person representing such company; 
 
 the party alleging himself to be entitled to the execution may 
 apply to the judge for leave to issue the execution accordingly; 
 and such judge may if satisfied that the party so applying is 
 entitled to issue execution make an order to that effect or may 
 order that any issue or question necessary to determine the 
 rights of the parties shall be tried in any of the ways in which 
 any question in any action may be tried; and in either case such 
 judge may impose such terms as to costs or otherwise as are just. 
 [E.601.] C.O.Y.T. c. 17, R. 348. 
 
 Enforcement 361. Every order of the Court or judge in any cause or 
 of orders. matter may be enforced against all persons bound thereby in 
 
 the same manner as a judgment to the same effect. [E. 602.] 
 
 C.O.Y.T. c. 17, R. 349. 
 
 person not a 
 party. 
 
 Executions by 363. Any person not being a party to a cause or matter 
 or against a ^Jjq obtains any order or in whose favour any order is made 
 shall be entitled to enforce obedience to such order by the same 
 process as if he was a party to such cause or matter and any 
 person not being a party to a cause or matter against whom 
 obedience to any judgment or order may be enforced shall be 
 liable to the same process for enforcing obedience to such judg- 
 ment or order as if he was a party to such cause or matter. 
 [E. 604.] C.O.Y.T. c. 17, R. 350. 
 
 Facts arisen 363. No proceeding by audita querela shall hereafter be used; 
 
 ^leaded^'^'' but any party against whom a judgment has been given may 
 
 apply to the judge for a stay of execution or other relief against 
 
Judicature. Chap. 48. 483 
 
 such judgment upon the ground of facts which have arisen too Stay of 
 late to be pleaded and the judge may give such relief and upon sMcution. 
 such terms as are just. [E. 605.] C.O.Y.T. c. 17, R. 351. 
 
 364. If a mandamus granted in an action or otherwise or Court may 
 a mandatory order, injunction or judgment for the specific °'''ler act to 
 performance of anj-^ contract is not complied with the Court or elpens? o1 
 judge besides or instead of proceedings against the disobedient partyrefusing. 
 party for contempt may direct that the act required to be done - 
 
 may be done so far as practicable by the party by whom the 
 judgment or order has been* obtained or some other person to be 
 appointed by the Court or judge at the cost of the disobedient 
 party and upon the act being done the expenses incurred may be 
 ascertained in such manner as the Court or judge directs and 
 execution may issue for the amount so ascertained and costs. 
 [E. 608.] C.O.Y.T. c. 17, R. 352. 
 
 363. Any judgment or order against a corporation wilfully Enforcement 
 disobeyed may by leave of the Court or judge be enforced by agii'i^t'"^"* 
 execution against the corporate property or by attachment of corporation, 
 the persons of the directors or other officers. [E. 609.] CO. 
 Y.T. c. 17, R. 353. 
 
 366. Every writ of execution shall follow form B in the Forms of 
 schedule hereto adapted to the circumstances of each case and execution, 
 where form B is not appropriate the form shall be settled by the 
 judge on ex parte application. C.O.Y.T. c. 17, R. 354. 
 
 367. Except as hereinafter mentioned every writ of execu- Effect of 
 tion against goods and chattels shall at and from the time of its ^§^""1^° u '"^ 
 delivery to the sheriff to be executed bind all the goods and as against**" 
 chattels or any interest in all the goods and chattels of the goods of 
 judgment debtor within the Territory and shall take priority Jfeb^tor™* 
 to any chattel mortgage, bill of sale or assignment for the benefit 
 
 of all or any of the creditors of the judgment debtor executed 
 by him after the receipt by the sheriff of such writ of execution 
 or which by virtue of the provisions of The Bills of Sale Ordinance 
 has not taken effect prior to such receipt as against the creditor's 
 or creditors' interest under the execution but shall not take 
 priority to a bona fide sale by the judgment debtor followed by an 
 actual and continued change of possession of any of his goods 
 and chattels without actual notice to the purchaser that such 
 writ is in the hands of the sheriff. C.O.Y.T. c. 17, R. 355. 
 
 368. No sale of personal property seized under any writ Notice of 
 of execution or process shall be made without such sale being siieriffs sale, 
 advertised for at least ten days by public notice thereof describ- 
 ing the property to be sold, copies of which notice shall be 
 
 posted in the offices of the clerk and sheriff and in at least five 
 
 public places in the locality where the same is to be sold; but 
 
 when the articles seized are of a perishable nature or are of such Perishable 
 
 ,a character as to not allow a delay of ten days as hereinbefore articles. 
 
 provided the same may be sold forthwith. C.O.Y.T. c. 17, R. 
 
 356. 
 
 70263— 3 U 
 
484 
 
 Chap. 48. 
 
 Judicature. 
 
 Equity of 
 redemption 
 in goods. 
 
 Leasehold 
 
 interests. 
 
 Placer 
 
 mining claims 
 may be 
 seized 
 jind sold. 
 
 Not to include 
 quartz claim 
 
 after patent. 
 
 Made 
 executor 
 against goods 
 and chattels. 
 
 Notice of 
 seizure to be 
 given. 
 
 369, On any writ of execution against goods and chattels 
 the sheriff charged with the execution of the same may seize 
 and sell the interest or equity of redemption in any goods or 
 chattels including leasehold interests in any lands of the party 
 against whom the writ has issued and such sale shall convey 
 whatever interest the mortgagor had in such goods and chattels 
 at the time of the seizure. 
 
 2. Any interest which a judgment debtor has in any mineral 
 claim or in any placer mining claim or mining property in the 
 Yukon Territory as defined by the Regulations for the disposal 
 of quartz mining property and dredging or hydraulic leases or 
 concessions, and by the Yukon Placer Mining Act, other than 
 a quartz mining claim subsequent to the issue of a patent 
 therefor, may be seized and sold under and by virtue of an 
 execution against goods and chattels, and seizure thereof may 
 be made by delivery by the sheriff of a copy of such writ of 
 execution at the office of the Mining Recorder where said 
 mineral claim or placer mining claim is recorded and payment 
 to such Mining Recorder of the proper fee for registering the 
 same or by posting notice of seizure on the claim, and in the case 
 of hydraulic or dredging leases or concessions, by posting notice 
 of the seizure on the ground included in any such lease or 
 comprised in any such concession. C.O.Y.T. c. 17, R. 357. 
 No. 4 of 1910, s. 2. 
 
 .S^'izure of 
 money, 
 bank notes, 
 cheques, etc. 
 
 370. The sheriff having the execution of any writ of execu- 
 tion against goods may seize any money or bank notes, any 
 cheques, bills of exchange, promissory notes, bonds, mortgages, 
 specialties or other securities for money belonging to the execu- 
 tion debtor and such sheriff may pay and assign them to the 
 execution creditor at the sum actually due on and secured by 
 them respectively if he will accept them as money collected 
 or the sheriff may sue in his own name for the recovery of the 
 sums secured thereby when the time of payment thereof has 
 arrived and on payment execute and give valid discharges 
 therefor but no such sheriff or other party shall be bound to 
 sue any party liable upon any such cheque, bill of exchange, 
 promissory note, bond, specialty or other security unless the 
 party who sued out the execution furnishes sufficient security 
 to indemnify him from all costs and expenses to be incurred 
 in the prosecution of the action or to which he may become 
 liable in consequence thereof. C.O.Y.T. c. 17, R. 358. 
 
 Sheriff to 
 seize gold 
 dust. 
 
 371. The sheriff having the execution of any writ of execu- 
 tion against goods or goods and chattels may seize any gold 
 or gold dust belonging to the execution debtor and may sell 
 the same to any chartered bank doing business in the Yukon 
 Territory for the best price obtainable from such bank and shall 
 pay the amount realized on such sale to the execution creditor 
 or his solicitor as provided by rule 374 of this Ordinance. No. 8 
 of 1909, s. 2. 
 
Judicature. Chap. 48. 485 
 
 37S. The officer charged with the execution of any writ Seizure of 
 of execution against goods may seize thereunder any registered jfe°onging\o 
 mortgage in favour of the execution debtor whether upon lands debtor, 
 or chattels by delivering a notice in writing of such seizure to 
 the registrar or clerk in the office where such mortgage is 
 registered; but no such mortgage shall be affected or charged 
 by any writ of execution until delivery of such notice. 
 
 2. Upon receipt of such notice the clerk or registrar shall Entry in 
 make an entry thereof in the register for which he shall be "^"^sister. 
 entitled to a fee of fifty cents: 
 
 Provided that unless and until personal service of a notice Notice to 
 of seizure on the mortgagor is made he shall not be affected """^^agor. 
 thereby, and payments made by him to the mortgagee before 
 service of such notice shall be deemed good and valid. C.O.Y.T. 
 c. 17, R. 359. 
 
 373. The transference by the sheriff to the execution Transfer of 
 creditor of any cheques or property named in Rule 370 shall dtseharees*'^ 
 discharge the sheriff to the extent of the amount due on and sherifT. 
 secured thereby. C.O.Y.T. c. 17, R. 360. 
 
 374. Subject to the provisions of The Creditors' Relief pa,ymenthy 
 Ordinance the sheriff shall pay over to the execution creditor sheriff of 
 or his solicitor all moneys recovered or a sufficient sum to "aiized. 
 discharge the amount directed by the writ to be levied; but 
 
 the sheriff shall in all cases be entitled to first deduct his fees 
 and expenses. C.O.Y.T. c. 17, R. 361. 
 
 375. No sale of growing crops whether grain or roots Growing 
 shall take place until after the same have been harvested and '"'°''^' 
 threshed or taken and removed from the ground when a'ter all 
 charges for harvesting, threshing, taking and removing have 
 
 been paid and all exemptions been claimed and reserved the 
 balance may be sold. C.O.Y.T. c. 17, R. 362. 
 
 376. Any person who becomes entitled to^ issue a writ Need not 
 of execution against goods may, without issuing such writ, j^^j®^^^"*^* 
 issue a writ of execution against the lands of the person liable, ^^^^ ^^t less 
 providing that not less than $50 remain due and unpaid on than S50 
 the judgment and dehver the same to the sheriff, but such officer """• 
 
 shall not sell the lands within less than three months from the 
 day on which the writ against the lands is delivered to him nor 
 until one month's notice of such sale has been posted in con- 
 spicuous places in the sheriff's office, and the office of the clerk 
 of the court. 
 
 2. It shall not be necessary to publish such notice in any 
 newspaper. 
 
 3. This section shall apply to all executions against lp,nds 
 now in the sheriff's hands. No. 22 of 1903, s. 24. 
 
 377. A sale under any execution against lands may be had No return 
 without a return of nulla bona in whole or in part with respect to before^sale 
 an execution against goods in the same suit or matter being of lands, 
 made by the same officer. Where there are no bidders or no 
 
486 
 
 Chap. 48. 
 
 Judicature. 
 
 ^t'^iale"""^"*' sufficient bid has been offered for the land to be sold as aforesaid 
 the sheriff may adjourn such sale from time to time and a notice 
 of the time and place of such adjourned sale shall be posted 
 by him in a conspicuous place in the sheriff's and clerk's offices 
 respectively, and such notice shall be sufficient notice of such ad- 
 journed sale. C.O.Y.T. c. 17, R. 364. No. 22 of 1903, s. 25. 
 
 toMferwh STS. In cases where the sheriff or other officer sells lands 
 
 certificate of under execution for which a certificate of title has not been granted 
 a transfer executed by him in the form prescribed for lands for 
 which a certificate of title has been granted shall be sufficient to 
 convey the execution debtor's interest therein to the purchaser. 
 C.O.Y.T. c. 17, R. 365. 
 
 title not 
 granted . 
 
 Return nulla 
 bona. 
 
 Peraon 
 issuing 
 permit, 
 entitled to 
 expense 
 thereof . 
 
 SyO. No sheriff shall make any return of nulla bona either 
 in whole or in part to any writ against goods until the whole of 
 the goods of the execution debtor liable to seizure, which he can 
 find have been exhausted. C.O.Y.T. c. 17, R. 366. 
 
 380. If the amount authorized to be made and levied under 
 the writ against goods is made and levied thereunder the person 
 issuing the writ against lands shall be entitled to the expenses 
 thereof and of any seizure or advertisement thereunder and the 
 return to be made by the officer charged with the execution of the 
 writ against lands to such writ shall be to the effect that the 
 amount has been so made and levied as aforesaid. No. 22 of 
 1903, s. 26. 
 
 Sale after 
 expiry of 
 
 writ. 
 
 381. Where under any writ of execution while in force, 
 real or personal property has been seized the sheriff may-proceed 
 to sell the same although the writ of execution has expired. 
 C.O.Y.T. c. 17, R. 368. No. 22 of 1903, s. 27. 
 
 Execution for 
 delivery of 
 property or 
 recovery of 
 
 value. 
 
 382. Where it is sought to enforce a judgment made for 
 the recovery of any property other than land or money the 
 Court or judge may upon the application of the plaintiff or 
 person entitled thereto order that execution issue for the delivery 
 of the property without giving the defendant or other party the 
 option of retaining the property and paying the assessed value 
 if any; or at the option of the plaintiff or person entitled thereto 
 that the sheriff levy and make the assessed value with or without 
 costs in either instance as is just and for such purpose separate 
 writs may be issued for the costs. [E. 647.] C.O.Y.T. c. 17, 
 R. 369. 
 
 Writ of 383. A judgment or order that a party do recover possession 
 
 Sf^t!fr°°J°' ^^ ^^y ^^"^^ ^^ ^^^^ ^^y person therein named do deliver up pos- 
 session of any land to some other person may, without any order 
 for such purpose, after fifteen days from the entry of the judg- 
 ment or service of a copy of the order, be enforced by a writ of 
 possession. [E. 644 and 645.] C.O.Y.T. c. 17, R. 370. 
 
 Execution for 384. Upon any judgment or order for the recovery or de- 
 land^and costs livery of posscssion of any land and costs there may be either 
 
 recovery of 
 land. 
 
Judicature. Chap. 48. 487 
 
 one writ or separate writs of execution for the recovery of posses- 
 sion and for the costs, at the election of the successful party. 
 [E. 646.] C.O.Y.T. c. 17, R. 371. 
 
 II. — Poundage, Interest, etc. 
 
 3S5. Upon any execution against lands or goods the sheriff Levy of 
 may in addition to the sum recovered by the judgment levy the ' o*un|a*'e and 
 poundage fees, expenses of the execution and interest upon the expenses. 
 sum so recovered from the time of entering the judgment. 
 C-.O.Y.T. c. 17, R. 372. 
 
 386. In case a part only is levied by the sheriff on or by Poundage: 
 force of any execution against goods and chattels, the sheriff chargeable in 
 shall be entitled besides his fees and expenses of execution to certain oases. 
 poundage only upon the amount so made by him whatever be 
 
 the sum indorsed upon the writ and in case the personal estate 
 of the defendant is seized or advertised on or under an execution, 
 but not sold by reason of satisfaction having been otherwise ob- 
 tained or from some other cause and no money is actually made 
 by the sheriff on or by force of such execution the sheriff shall be 
 entitled to the fees and expenses of execution and poundage only 
 on the value of the property seized not exceeding the amount 
 indorsed on the writ or such less sum as a judge of the court out 
 of which the writ issued deems reasonable under the circum- 
 stances of the case. Any party interested may apply to the 
 judge to fix such sum either before or after taxation of the 
 sheriff's bill of costs, charges and expenses or on review or appeal 
 from such taxation. C.O.Y.T. c. 17, R. 373. 
 
 387. Upon the satisfaction of an execution either in whole Sheriff's 
 or in part by payment, levy or otherwise or upon the withdrawal, "'^^J%®^ °°, 
 stay or setting aside of an execution the sheriff or officer claiming ^ay_ l^.^oi 
 any fees, poundage, incidental expenses or remuneration which execution, 
 have not been taxed shall upon being required by any party 
 interested within forty-eight hours deliver a copy of his bill in 
 
 detail to the applicant. Such bill shall be taxed by the clerk 
 of the Court upon the applicant obtaining and serving an 
 appointment for such taxation. C.O.Y.T. c. 17, R. 374. 
 
 388. No sheriff shall collect any fees, costs, poundage or sheriff's 
 incidental expenses after having been required to have the same costs, 
 taxed without taxation; and upon tender of the amount taxed Taxation, 
 no fees, costs, poundage or incidental expenses in respect of 'T®"*!^'^- 
 proceedings subsequently taken shall be allowed to any sheriff. 
 C.O.Y.T. c. 17, R. 375. 
 
 389. It shall be the duty of every taxing officer above Duty of 
 referred to to grant an appointment for the taxation of and to taxing officer, 
 tax the bills of costs presented to him for taxation as herein 
 required upon payment or tender of his fees and to give when 
 requested a certificate of such taxation and the amount thereof. 
 C.O.Y.T. c. 17, R. 376. 
 
488 
 
 Chap. 48. 
 
 Judicature. 
 
 Revision of 
 taxation . 
 
 390. Either party dissatisfied with the taxation may appeal 
 to a judge for a revision of such taxation. C.O.Y.T. c. 17, 
 R. 377. 
 
 ORDER XXXI. 
 
 Examination 
 of debtor 
 liable 
 under 
 judgment. 
 
 Examination 
 of clerk or 
 employee, 
 former clerk 
 or employee 
 or transferee 
 of debtor's 
 property. 
 
 Use of 
 examination . 
 
 DISCOVEEY IN AID OF EXECUTION. 
 
 301. When an order or judgment is for the recovery or 
 payment of money the party entitled to enforce it may obtain 
 from the clerk of the Court an appointment for the oral ex- 
 amination before him' of the debtor liable under such judgment 
 or order, or in the case of a corporation, of any officer thereof 
 as to whether any and what debts are owing to the debtor, and 
 whether the debtor has any or what property or means of 
 satisfying the judgment or order; and the party entitled to 
 enforce such judgment or order may serve upon such debtor a 
 notice requiring him to produce upon such examination any 
 books or documents. 
 
 2. Where judgment has been obtained as aforesaid the 
 Court or judge may ex parte on the application of the party 
 entitled to enforce the judgment order any clerk or employee 
 or former clerk or employee of the judgment debtor or any 
 person or officer or officers of any corporation to whom the 
 debtor has made a transfer of his property or effects since the 
 date when the liability or debt which was the subject of the 
 action in which judgment was obtained was incurred to attend 
 before the clerk of the Court or other person to be named in the 
 order and to submit to be examined upon oath as to the estate 
 and effects of the debtor and as to the property and means he 
 had when the liability or debt aforesaid was incurred and as to. 
 the property or means he still has of discharging the judgment 
 and as to the disposal he has made of any property since con- 
 tracting the debt or incurring the liability and as to any and 
 what debts are owing to him. 
 
 3. The examination shall be for the purpose of discovery 
 only and no order shall be made on the evidence given on such 
 examination but any such examination may be read on any 
 subsequent proceedings between the same parties or between 
 the execution creditor and any transferee of the property or 
 effects of the execution debtor or in any proceeding to obtain 
 payment directly or indirectly whether by attachment of debts, 
 equitable execution or otherwise. [E. 610.] C.O.Y.T. c. 17, 
 R. 378. No. 22 of 1903, s. 28. 
 
 Difficulty in 
 enforcing 
 judgment 
 other than 
 for money . 
 
 392. In case of a judgment or order other than for the 
 recovery or payment of money if any difficulty arises in or 
 about the execution or enforcement thereof any party interested 
 may apply to a judge and the judge may make such order thereon 
 for the attendance and examination of any party or otherwise 
 as is just and may direct how such judgment or order may be 
 enforced or executed. [E. 611.] C.O.Y.T. c. 17, R. 379. 
 
Judicature. Chap. 48. 489 
 
 393. Any person liable to be examined under any of the CompeUing 
 preceding rules of this order may be compelled to attend and attendance, 
 testify and to produce books and documents in the same manner Production of 
 and subject to the same rules of examination and the same con- Ru™rof"*'' 
 sequences of neglecting to attend or refusing to disclose the examination, 
 matters in respect of which he is examined as in the case of a disobedience, 
 witness on a trial. 
 
 2. Any person liable to be examined under subsection 2 of Party 
 Rule 391 shall be entitled to the like conduct money and pay- ™nduo't *° 
 mentfor expenses and loss of time as upon attendance at a mon "y. 
 trial in court, but no person liable to be examined under the 
 other provisions of the said rule shall be entitled to any conduct 
 money, witness fees or expenses. C.O.Y.T. c. 17, R. 380. 
 No. 22 of 1903, s. 29. 
 
 394. The costs of any application under this order and of Costs, 
 any proceedings arising from or incidental thereto shall be in 
 
 the discretion of the judge. [E. 612.] C.O.Y.T. c. 17, R. 381. 
 
 ORDER XXXII. 
 
 ATTACHMENT OF DEBTS AND ARREST OF DEFENDANT. 
 
 395. Any plaintiff in an action for a debt or liquidated issue of 
 demand before or after judgment and any person who has ob- fummons. 
 tained a judgment or order for the recovery or payment of rhoney 
 may issue a garnishee summons in the form or to the effect of 
 form C in the schedule hereto. Such summons shall be issued 
 by the clerk upon the plaintiff or judgment creditor, his solicitor 
 or agent filing an affidavit, by the plaintiff or judgment creditor, 
 his solicitor or agent or some person on his behalf having full 
 knowledge of the matters deposed to. 
 
 (a) Showing the nature and amount of the claim or judg- Affidavit 
 ment against the defendant or judgment debtor and* ^^^°^- 
 swearing positively to the indebtedness of the defendant 
 
 or judgment debtor to the plaintiff or judgment creditor; 
 
 (b) Stating that to the best of the deponent's information 
 and -belief the proposed garnishee (naming him) is in- 
 debted to such defendant or judgment debtor. It shall 
 not be necessary to state the reason for such belief. 
 
 2. Any number of garnishees may be included in one sum- Gamialiees 
 mons. C.O.Y.T. c. 17, R. 382. No. 22 of 1903, s. 30. No. ^tlt 
 8 of 1909, s. 3. 
 
 396. Service of such summons on the garnishee shall bind P^jyl'?,?'^ 
 all debts, obligations or liabilities owing, payable or accruing ^Lther^ 
 due from the garnishee to the defendant or judgment debtor payable in 
 at the time of the service thereof, whether such debt, obligation Xerwise 
 or liability is paj^able in money or otherwise, to the extent of may be 
 the claim of the plaintiff or judgment creditor and costs, which attached, 
 said costs shall be fixed by a judge or clerk of the Court at the-Costeto 
 time such summons is issued and stated in the summons . 
 
490 
 
 Chap. 48. 
 
 Judicature. 
 
 Kanner of 
 service. 
 
 Service on 
 defendant or 
 judgment 
 debtor. 
 
 No order to go 
 for payment 
 to plaintiff 
 until, etc. 
 
 Application 
 to set aside 
 garnishee. 
 
 Payment out 
 of court. 
 
 Garnishee's 
 costs . 
 
 Ter. 
 
 Government 
 employee 
 may be 
 garnisheed. 
 
 Ter. Sec'y 
 to be 
 served. 
 
 Default by 
 garnishee. 
 
 2. The garnishee summons may be served whether on the 
 garnishee, defendant or judgment debtor in any way that a writ 
 of summons may be served; and the provisions relating to service 
 of a writ of summons shall apply to service of ia garnishee sum- 
 mons. 
 
 3. A copy of the garnishee summons shall be served on 
 the defendant or judgment debtor (or his solicitor) within 
 twenty days after service on the garnishee or such further time 
 as a judge ex parte orders. C.O.Y.T. c. 17, R. 383. No. 4 of 
 1910, s. 3. 
 
 397. No order shall be made for payment out of any money 
 paid into Court by the garnishee until at least ten days after the 
 service of the said summons on the defendant or judgment debtor 
 and on the garnishee, nor when a garnishee summons issues prior 
 to judgment until the plaintiff has recovered a judgment against 
 defendant. 
 
 2. The defendant or judgment debtor or the garnishee or 
 any person claiming to be interested in the moneys attached may 
 apply to a judge in chambers to set aside the garnishee summons. 
 
 3. No money paid into court under these proceedings shall 
 be paid out unless on the written consent of the parties inter- 
 ested except by order of the Court or judge which order may be 
 made ex parte or on such notice as the judge directs. C.O.Y.T. 
 c. 17, R. 384. No. 10 of 1904, s. 2. 
 
 398. A garnishee paying money into Court shall be entitled 
 to deduct therefrom the necessary disbursements. C.O.Y.T. 
 c. 17, R. 385. No. 8 of 1909, s. 4. 
 
 399. The Government of the Yukon Territory may be garn- 
 isheed under the provisions of this Ordinance with regard to mo- 
 neys due or accruing due to persons employed by the Govern- 
 ment of the Territory. 
 
 2. Such garnishee process may be served upon the Terri- 
 torial Secretary in his office. No. 8 of 1909, s. 5. 
 
 400. If the garnishee does not pay into Court the amount due 
 from him to the judgment debtor or an amount equal to the claim 
 or judgment and costs fixed as aforesaid and does not dispute 
 the debt due or claimed to be due from him to such debtor, then 
 the judge may, after judgment has been entered against the 
 judgment debtor or at once when the garnishee summons is 
 founded on a judgment already recovered, order that judgment 
 be entered up against the garnishee for the amount due to the 
 plaintiff or judgment creditor from the defendant or judgment 
 debtor for principal, interest and costs and that execution issue 
 thereon and it may issue accordingly. 
 
 2. If the garnishee fails to file any statement or files a state- 
 ment admitting a debt due to the defendant or judgment debtor, 
 but does not pay the amount claimed or admitted into Court 
 with such statement, the plaintiff, judgment creditor or any in- 
 terested party (notwithstanding that judgment has not been 
 recovered in the action) may apply ex parte to a judge for an 
 
Judicature. Chap. 48. 491 
 
 order that such garnishee pay the amount claimed or so ad- 
 mitted into Court forthwith. No. 10 of 1904, s. 5. 
 
 401. If the garnishee disputes his liability or claims that Dispute by 
 the debt is not attachable he shall enter with the clerk within ea™'shee. 
 the time specified in the summons or such further time as the 
 judge allows a statement showing the grounds on which he dis- 
 putes liability or claims that the debt is not attachable. After 
 which, on application of the plaintiff or any other person in- 
 terested on two days' notice given to the garnishee, the judge 
 may fix a time and place for summarily determining the question Trial of issue. 
 of liability or whether the debt is attachable as the case may be; 
 or may order that any issue or question necessary for determining 
 such liability, or whether the debt is attachable be tried and de- 
 termined in any manner in which any issue or question in any 
 action may be tried or determined and may direct who shall be 
 the parties to such issue or question and any determination under 
 this section whether summarily or otherwise shall form a judg- 
 ment of the Court and may be enforced as such. [E. 625.] 
 
 2. If upon any trial under said rule whether summary or Order for 
 otherwise it is determined that there is a debt due from the by^garnishee. 
 garnishee to the defendant or judgment debtor an order may be 
 
 made that the garnishee forthwith pay the amount so found to 
 be due from him to the defendant or judgment debtor to the 
 credit of the cause notwithstanding judgment may not have 
 been recovered in the action. 
 
 3. At any time after the filing of a statement by a garnishee Examination 
 such garnishee may be compelled to attend for examination in ^°^ amTh^'^'^ 
 the same manner as a party might be under the provision of Order 
 
 XXI, and the provisions of the said order shall apply to the same 
 examination and to the use of the evidence taken thereon. 
 C.O.Y.T. c. 17, R. 388. No. 10 of 1904, .s. 6. 
 
 403. If within two months after the appearance by the Delay by 
 garnishee the plaintiff does not proceed to have the question P'^^t'^- 
 of liability determined as hereby provided the garnishee may Application 
 apply for an order to set aside the garnishee summons. C.O.Y.T. ^'^ garnishee. 
 c. 17, R. 389. 
 
 403. Whenever it is suggested by the garnishee or any Suggestion of 
 person claiming to be interested that the debt attached belongs p^rty.° * 
 
 to some third person, or that any third person has a lien or 
 charge upon it the judge may order such third person to appear 
 and state the nature and particulars of his claim upon such 
 debt. [E. 626.] C.O.Y.T. c. 17, R. 390. 
 
 404. After hearing the allegations of any third person Procedure 
 under such order as in the next preceding rule mentioned and Jerson "^"^ 
 of any other person whom by the same or any subsequent suggested 
 order the judge orders to appear, or in case of such third person as entitled. 
 not appearing when ordered the judge may order execution 
 
 to issue to levy the amount due from such garnishee or any issue 
 or question to be tried or determined in manner aforesaid and 
 
492 
 
 Chap. 48. 
 
 Judicature. 
 
 may bar the claim of such third person or make such other order 
 as such judge thinks fit upon such terms in all cases with respect 
 to the lien or charge (if any) of such third person and to costs as 
 the judge thinks just and reasonable. [E. 627.] C.O.Y.T. c. 17, 
 R. 391. 
 
 Costs in 
 
 garnishee 
 
 proceedings. 
 
 Garnishee 405. Payment made by or execution levied upon the 
 
 bypaynfent garnishee Under any such proceeding as aforesaid shall be a 
 
 or levy. Valid discharge to him against the debtor to the amount paid or 
 
 levied although such proceeding is set aside or the judgment 
 
 or order reversed or the plaintiff fails in his action. [E. 628.] 
 
 C.O.Y.T. c. 17, R. 392. 
 
 406. The garnishee shall not be liable for the costs of the 
 proceedings unless and in so far only as occasioned by setting 
 up a defence which he knew or ought to have known was unten- 
 able; and the plaintiff or judgment creditor in garnishee pro- 
 ceedings shall be entitled to tax against the defendant or 
 judgment debtor and add to the judgment the costs of such 
 proceedings unless the judge otherwise orders and subject 
 to this provision the costs of all parties shall be in the discretion 
 of the judge. C.O.Y.T. c. 17, R. 393. 
 
 Execution 40'7. No execution shall in any case issue to levy the money 
 
 stayed till owing from any garnishee until and so far only as such monev 
 
 money due. ^j^^jj )j^^^^^ f^^jjy ^^^ C.O.Y.T. C. 17, R. 394. 
 
 Exemption 
 of employee 
 
 875 per 
 month. 
 
 408. Unless the debt sued for or in respect of which the 
 judgment was recovered has been contracted for board and 
 lodging, the wages or salary of a mechanic, workman, labourer, 
 clerk or employee, shall not be liable to seizure or attachment, 
 unless such wages or salary exceeds the rate of seventy-five 
 dollars per month, and then only to the extent of the excess. 
 
 2. All payments which have been made on account of such 
 wages or salary during any period in which the same are being 
 earned shall be deducted from the above exemption. No. 22 
 of 1903, s. 33. 
 
 ARREST OF DEFENDANT. 
 
 If plaintiff 409. If a plaintiff in any action brought for recovery of a 
 
 swears 8100 debt, or damages arising from breach of contract, by affidavit 
 
 judge™' clerk shows to the satisfaction of a judge of the Court in which 
 
 may order the action is brought, or of the clerk of such Court, that such 
 
 defendant plaintiff has a cause of action arising within the Dominion of 
 
 about to quit Canada against the defendant, or has recovered judgment in the 
 
 the territory. Dominion of Canada against him, to the amount of one hundred 
 
 dollars or upwards, and that there is probable cause for believing 
 
 that the defendant, is about to quit the Yukon Territory with 
 
 intent to defraud creditors generally or the plaintiff in particular, 
 
 unless he is forthwith apprehended, or has disposed or is about 
 
 to dispose of his property, or any part thereof, with such intent 
 
 as aforesaid, it shall be lawful for such judge or clerk by special 
 
 order to direct that such defendant so about to quit the Yukon 
 
 Territory, or so having disposed or being about to dispose of 
 
Judicature. Chap. 48. 493 
 
 his property as aforesaid, shall be arrested and held to bail 
 for such sum (not exceeding the amount of the debt, money 
 demand, or damages as aforesaid, and costs) as to such judge 
 or clerk seems proper. 
 
 2. For the purposes of Rule 409 and all rules pertaining Powers of 
 to the arrest of a defendant the Police Magistrate at Whitehorse Ma^^-gtrate at 
 shall have all the powers of a judge of the Territorial Court. Whitehors^e** 
 C.O.Y.T. c. 17, R. 396. No. 8 of 1907, s. 1. 
 
 41©. It shall be lawful for such judge or clerk, whenever May require 
 he thinks fit to require security to be given by the plaintiff, b^eforemakin 
 to the satisfaction of such judge or clerk, for the defendant's order! "^ '"^ 
 costs and damages consequent on such arrest under such order, 
 if the plaintiff has obtained such order without reasonable and 
 probable cause. C.O.Y.T. c. 17, R. 397. 
 
 411. Every such special order shall bear date on the day Order to bear 
 of the signing thereof by the judge or clerk, and shall be valid ^gnlng^ncfbi 
 for the period therein specified, not exceeding twelve calendar good for 12 
 months. C.O.Y.T. c. 17, R. 398. months. 
 
 413. A copy of such special order, under the seal of the Copy 
 Court in which it is made, shall be sufficient authority to any au^fority for 
 sheriff, deputy sheriff, bailiff or other officer entrusted with the sheriff. 
 execution thereof, to take into custody and detain the defendant 
 named therein. C.O.Y.T. c. 17, R. 398. 
 
 413. The sheriff or other officer to whom- any such order Officer shall 
 is directed shall, within the period specified in the order, but ^^^'^^ person. 
 not afterwards, proceed to arrest the defendant thereupon; and 
 
 such defendant, when so arrested, shall remain in custody until 
 he has given security to the plaintiff, to the satisfaction of the 
 sheriff, for, or, has made deposit of, the sum mentioned in such 
 order, together with such amount for costs as is specified therein. 
 Any officer other than the sheriff, may upon instructions by 
 letter or telegram from the sheriff of the Yukon Territory, 
 arrest the defendant without actually having in his possession 
 a copy of the special order mentioned in the next preceding 
 rule; provided that at the time of sXich arrest a copy of such 
 special order is in the hands of the said sheriff. C.O.Y.T. 
 c. 17. R. 400. 
 
 414. Any special order may be made, and the defendant f^^^^f- °'^'^^'' 
 arrested in pursuance thereof, at any time after the commence- b^emadeajiy^ 
 ment of such action and before or after final judgment has been time after 
 obtained therein. Where such order is applied for at the com- m^^oTaction 
 mencement of an action, no statement of claim need be filed or before final 
 upon the issue of the writ of summons, but such statement of Judgment. 
 claim shall be filed within three days after the making of such 
 
 order for arrest; otherwise such order shall become void. CO. 
 Y.T. c. 17, R. 401. 
 
 415. It shall be lawful for any pei-son arrested upon such bSiidraTo 
 order to apply, at any time after such arrest, to a judge of the show why 
 
494 
 
 Chap. 48. 
 
 Judicature. 
 
 arrested 
 person should 
 not be 
 disohargfed . 
 
 Judge may 
 dismiss 
 defendant if 
 he has no 
 means to 
 satisfy claim. 
 
 If debt 
 incurred by 
 fraud judge 
 may commit 
 defendant to 
 jail not 
 exceeding 12 
 months. 
 
 Notice by 
 person 
 leaving 
 country. 
 
 Imprisonment 
 of debtor 
 shall not 
 operate as 
 discharge 
 of debt. 
 
 "Plaintiff" 
 
 includes 
 
 judgment 
 
 creditor, 
 
 "defendant" 
 
 judgment 
 
 debtor. 
 
 court in which the action has been commenced, by notice 
 calling on the plaintiff in such action to show cause why the 
 person arrested should not be discharged out of custody; and 
 it shall be lawful for such judge to make such order upon such 
 notice as the judge sees fit. C.O.Y.T. c. 17, R. 402. No. 
 7 of 1914, s. 4. 
 
 416. In addition to any other ground upon which such' 
 judge may order the discharge of a defendant from custody, he 
 may order such discharge upon being satisfied that such defen- 
 dant has no means or ability to satisfy the claim or judgment, 
 or any part or further part thereof: Provided always, that if 
 upon such application it appears to the judge, whether by 
 the examination of such defendant or by other evidence, that 
 such defendant has incurred the debt which is the subject of the 
 claim or judgment against him, or any material part thereof, 
 by fraud or false pretences, or that such defendant has concealed 
 or made away with his property, or any part thereof, in order to 
 defeat, delay, or defraud his creditors, or any of them, such 
 judge may order such defendant to be committed to any common 
 jail, with or without hard labour, for any term not exceeding 
 twelve calendar months, unless the claim or judgment is sooner 
 satisfied, and at the termination of such term of imprisonment 
 such defendant shall be entitled to his discharge from custody, 
 unless it is made to appear to the judge, whether by the further 
 examination of such defendant or otherwise, that he has means 
 and ability, or that it is within his power, to satisfy the claim or 
 judgment, or some portion thereof, in which case the judge may 
 order the further detention of such defendant until he satisfies 
 the Court that he is unable to further satisfy the debt. CO. 
 Y.T. c. 17, R. 403. 
 
 41 T. If any person who is about to leave the Yukon Territory 
 gives written notice to any person at whose instance he is liable 
 to arrest under the provisions of Rule 409 that he proposes to leave 
 the said Territory on a day named in said notice, such day being 
 not less than ten days after the date of the service of said notice, 
 such person shall not after the expiration of said ten days be 
 subject to arrest at the instance of any person to whom such 
 notice has been given, for any debt then existing, unless pro- 
 ceedings therefor shall have been commenced and order for 
 such arrest made before the expiration of said ten days. No. 2 
 of 1905, s. 1 and No. 14 of 1906, s. 1. 
 
 418. The imprisonment of a judgment debtor under 
 authority of this Order shall not operate as a discharge of the 
 judgment, either in whole or in part, nor operate to bar or 
 suspend any remedies which the creditor may otherwise be 
 entitled to take for the recovery of his demand. C.O.Y.T. 
 c. 17, R. 404. 
 
 419. In the next nine preceding rules the term "plaintiff" 
 includes a judgment creditor, and the term "defendant" 
 includes a judgment debtor. C.O.Y.T. c. 17, R. 405. 
 
Judicature. Chap. 48. 495 
 
 ORDER XXXIII. 
 
 INTERLOCUTORY ORDERS AS TO MANDAMUS, INJUNCTIONS OR 
 INTERIM PRESERVATION OF PROPERTY. 
 
 _420. Applications for interlocutory orders for mandamus, interlocutory 
 injunction or receiver or the interim preservation of property how'made^' 
 may be made ex parte in the first instance or by notice of motion : 
 
 Provided that on an ex parte application, the judge may require 
 notice to be given to any party or parties interested. CO. 
 Y.T. c. 17, R. 406. 
 
 431. Where by any contract a prima facie case of liability Interim 
 is established and there is alleged as matter of defencs a right ppservation 
 to be relieved wholly or partially from such liability the Court ^^"^'^ ^■ 
 or judge may make an order for the preservation or interim 
 custody of the subject matter of the litigation or raay order that 
 the amount in dispute be brought into court or otherwise secured. 
 Application for an order under this rule may be made in chambers 
 by notice of motion by any party at any time after his right 
 thereto appears from the pleadings or, if there are no pleadings, 
 is made to appear by affidavit or otherwise to the satisfaction 
 of the court or judge. [E. 657 and 663.] C.O.Y.T. c. 17, R. 407. 
 
 423. It shall be lawful for a judge on the application Order for sale 
 of any party to make any order for the sale by any person or ° ^°° *' ^*''" 
 persons named in such order and in such manner and on such 
 terms as the judge thinks desirable of any goods, wares or mer- 
 chandise which may be of a perishable nature or likely to injure 
 from keeping or which for any other just or sufficient reason it is 
 desirable to have sold at once. [E. 658.] C.O.Y.T. c. 17, 
 R. 408. 
 
 433. It shall be lawful for a judge upon the application of Detent on, 
 
 , , 1 1 j_ ■ 1 preservation 
 
 any party to a cause or matter and upon such terms as are just or inspection 
 to make any order for the detention, preservation or inspection of property, 
 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 authorize any person to enter 
 upon or into any land or building in the possession of any party 
 to such cause or matter and for all or any of the purposes afore- 
 said to authorize any samples to be taken or any observation to 
 be made or experiment to be tried which may be necessary or 
 expedient for the purpose of obtaining full information or evid- 
 ence. [E. 659.] C.O.Y.T. c. 17, R. 409. 
 
 434. It shall be lawful for the judge by whom any cause or Inspection by 
 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 manner as he thinks fit. 
 [E. 660 and 661.] C.O.Y.T. c. 17, R. 410. 
 
496 
 
 Chap. 48. 
 
 Judicature. 
 
 court. 
 
 delivery of . '^^^' Where an action is brought to recover or a defendant 
 specific in his defence seeks by way of counterclaim to recover specific 
 
 chattel property other than land and the party from whom such recovery 
 
 Ueii'or "" ^^ is sought does not dispute the title of the party seeking to recover 
 payment into the Same but claims to retain the 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 satis- 
 faction 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.] C.O.Y.T. c. 17, R. 411. 
 
 Allowance 
 out of estate 
 pendente lite. 
 
 Injunction . 
 
 426. Where any real or personal property forms the subject 
 of any proceedings in the court and the judge is satisfied that 
 the same will be more than sufficient to answer all the claims 
 thereon which ought to be provided for in such proceedings the 
 judge may at any time after the commencement of the proceed- 
 ings 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 personal property or the whole or a part 
 of the income thereof up to such times as the judge directs. 
 [E. 665.] C.O.Y.T. c. 17, R. 412. 
 
 427. 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. 667.] C.O.Y.T. c. 17. 
 R. 413. 
 
 Injunction 
 against 
 wrongful act 
 or breach of 
 contract. 
 
 428. In any cause or matter in which an inj.unction 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 injunction either upon or without terms 
 as is just. [E. 668.] C.O.Y.T. c. 17, R. 414. 
 
 MANDAMUS. 
 
 Mandamus. 429. The plaintiff in any action in which he claims a man- 
 damus to command the defendant to fulfil any duty in the fulfil- 
 statement of ment of wHch the plaintiff is personally interested shall in- 
 ciaim. elude the claim in his statement of claim. C.O.Y.T. c. 17, R. 
 
 415. 
 
 Order upon 430. If judgment is given for the plaintiff the Court or judge 
 
 performance'^ may by the judgment command the defendant either forthwith 
 
 or on the expiration of such time and upon such terms as may 
 
 appear to the Court or judge to be just to perform the duty in 
 
Judicature. - Chap. 48. 497 
 
 question. The Court or judge may also extend the time for the 
 performance of the duty. [E. 721.] C.O.Y.T. c. 17, R. 416. 
 
 431. In the event of non-compliance with the judgment as Enforcement. 
 aforesaid the same may be enforced by prerogative mandamus 
 as in England. C.O.Y.T. c. 17, R. 417. 
 
 433. No action or proceeding shall be commenced or pro- P'ot^otion of 
 secuted against any person in respect of anything done in obe- ^fi°^ ^"^'"^ 
 dience to a judgment or order for a mandamus. C.O.Y.T. mandamus. 
 c. 17, R. 418. 
 
 433. No writ of mandamus shall hereafter be issued in Mandamus to 
 any action but a mandamus shall be by judgment or order 1'^^^''^^^^, ^j. 
 which shall have the same effect as a similar judgment or order order""" 
 has in England. [E. 722.] C.O.Y.T. c. 17, R. 419. 
 
 ORDER XXXIV. 
 
 BECBIVEES. 
 
 434. Where an order is made directing a receiver to be Receiver, 
 appointed unless otherwise ordered the person to be appointed 
 
 shall first give security to be allowed by a judge duly to 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 proper salary or 
 allowance to be fixed by the judge on application of such 
 receiver, and the judge may in his discretion direct that the 
 amount of such receiver's salary or allowance be paid to him Salary of 
 forthwith, either out of the funds, if any, in Court to the credit beTxed^by 
 of the cause, or by either of the parties to such action as he deems judge, 
 just. C.O.Y.T. c. 17, R. 420. No. 22 of 1903, s. 34. 
 
 435. When a receiver is appointed with a direction that Time for 
 he shall pass accounts the judge shall fix the days upon which accounts and 
 he shall annually or at longer or shorter periods file and pass payment of 
 such accounts and also the days upon which he shall pay the balance. 
 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 Neglect of 
 his accounts and pay the balances thereof at the times so to be '•eceiver. 
 fixed for that purpose as aforesaid 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. [E. 674.] 
 C.O.Y.T. c. 17, R. 421. 
 70263—32 
 
498 
 
 Chap. 48. 
 
 Judicature. 
 
 Default of 
 receiver. 
 Procedure on. 
 
 Receiver's 
 accounts. 
 
 Passing 
 accounts. 
 
 436. In case of any receiver failing to file any account 
 or affidavit or to pass such account or to make any payment or 
 otherwise the receiver or the parties or any of 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 judge including the discharge of any receiver and appoint- 
 ment of another and payment of costs. [E. 677.] C.O.Y.T. 
 e. 17, R. 422. 
 
 43T. When a receivership has been completed the book 
 containing the accounts shall be deposited in the clerk's office. 
 C.O.Y.T. c. 17, R. 423. 
 
 438. The accounts of liquidators and of guardians shall 
 be passed and verified in the same manner as receiver's accounts. 
 C.O.Y.T. c. 17, R. 424. 
 
 ORDER XXXV. 
 
 Attachment 
 of goods. 
 
 AflSdavits 
 required. 
 
 Application 
 to judge . 
 
 ATTACHMENT OF PEBSONAL PROPERTY. 
 
 439. 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 Territory 
 
 leaving personal property liable to seizure under execution 
 
 for debt; or 
 (6) 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 inteAt 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: 
 
Judicature. Chap. 48. 499 
 
 Provided that in any case where the debtor has absconded ^o^^*?^"^^ 
 or is about to abscond from the Territory leaving no wife or 
 family behind no property of such debtor shall be exempt from 
 seizure. C.O.Y.T. c. 17, R. 425. 
 
 440. A copy of every such writ shall be served on the Copy writ of 
 debtor against whose effects the same is issued at the time of be*rerved°* *** 
 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 place where such 
 seizure is made or if no person is resident, posted in a conspicuous 
 place on the premises. C.O.Y.T. c. 17, R. 426. 
 
 441. Immediately after making a seizure under the said Sheriff's 
 writ the sheriff shall make a return of the writ and with such fnveSo^. 
 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. C.O.Y.T. c. 17, R. 427. 
 
 443. Upon the seizure of any property under the writ here- Return of 
 inbefore described the person in whose possession it was at the o^g^vinT^'^ 
 time of seizure may have the same returned to him upon giving security or 
 the sheriff sufficient security for or paying into court an amount deposit of 
 equal to its appraised value as shown by the inventory pre- claimed, 
 scribed by the next preceding rule. C.O.Y.T. c. 17, R. 428. 
 
 443. Unless the property seized is redelivered or relin- Unless 
 quished by the sheriff under any of the provisions hereof or the gherlff tohoid 
 said writ is set aside he shall hold the same until the plaintiff until 
 obtains judgment, in the cause and an execution upon such F^c^lion 
 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 
 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. C.O.Y.T. c. 17, R. 429. No. 
 22 of 1903, s. 35. 
 
 444. Notwithstanding the issue of a writ of attachment the Costs of 
 cause shall be proceeded with in the ordinary way, and the costs ^/achment 
 of such writ and all proceedings in such action shall be in the in discretion 
 discretion of the judge. No. 22 of 1903, s. 36. °f judge. 
 
 445. A writ of attachment may be set aside by a judge on |^^*^"e aside 
 satisfactory proof by affidavit that the creditor who sued out 
 
 such writ had not reasonable cause for taking such proceeding. 
 C.O.Y.T. c. 17, R. 431. 
 
 446. If any horses, cattle, sheep or any perishable goods J^t«e ot °^ 
 or chattels such as froni their nature cannot be safely kept or perishable 
 conveniently taken care of are taken under any writ of attach- ^°9^^ pending 
 
 70263-321 
 
500 
 
 Chap. 48. 
 
 Judicature. 
 
 Plaintiff 
 omitting to 
 
 givesocui-ily. 
 
 ment the officer who seized the same shall have them appraised 
 and valued on oath by two competent persons and in case the 
 plaintiff desires it and deposits with 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. C.O.Y.T. c. 17, R. 432. 
 No. 22 of 1903, s. 37. 
 
 44'7. If the plaintiff after notice to himself or his solicitor of 
 the seizure of any articles enumerated in the next preceding 
 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. C.O.Y.T. 
 c. 17, R. 433. 
 
 ORDER XXXVI. 
 
 REPLEVIN. 
 
 Recovery 
 of goods 
 unlawfully 
 detained. • 
 
 Property in 
 custody 
 of court. 
 
 Issue of writ 
 of replevin. 
 
 Affidavit 
 therefor. 
 
 448. In any action brought for the recovery of any personal 
 property and claiming whether alone or with any other claim 
 that such property was unlawfully taken or is unlawfully 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 following rules; such writ 
 shall be in form E in the schedule hereto with such variations 
 as circunstances require; but nothing herein contained shall 
 authorize the replevying any property seized by the sheriff or 
 other officer charged with the execution of any process issued 
 out of the court. C.O.Y.T. c. 17, R. 434. 
 
 449. Writs of replevin shall be issued by the clerk of the 
 Court upon the plaintiff or his duly authorized 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; 
 
Judicature. Chap. 48. 501 
 
 2. Further stating if replevin is sought in the case of property 
 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 go't out of his posses- 
 sion stating in addition to the particulars required by clause 1 
 of this rule the time and the wrongful and fraudulent 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 his Return of 
 agent may apply to the judge for an order allowing him to defendant on 
 retain or recover possession of the property, upon giving such giving 
 security to the sheriff as the judge directs, and the judge may, security, 
 on such application, make such order as he deems just. In 
 
 the event of the property replevied being returned to the 
 defendant under the provisions of this section, the security 
 given by the defendant therefor shall be assigned in request to 
 the party entitled to the benefit thereof bj^ the sheriff endorsing 
 his name thereon, and such endorsement shall be sufficient to 
 enable such party to bring action in his own name against the 
 several parties who have executed such security. C.O.Y.T. 
 c. 17, R. 435. No. 22 of 1903, s. 38. 
 
 430. Before the sheriff replevies he shall take a bond in Replevin 
 double the value of the property to be replevied as stated in *'°'"^' 
 the writ. The bond shall be assignable to the defendant by the 
 sheriff indorsing his name thereon and such indorsement shall Assignment 
 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 such variations as 
 circumstances require and the parties to such bond shall be 
 liable to the defendant and the defendant be entitled to recover Form, 
 from them in such action as well the value of the property 
 replevied as the amount of any judgment in his favour in the Defendant's 
 original action as also such damages as the defendant has rights, 
 sustained by reason of the detention of the property replevied 
 by means of the said writ. C.O.Y.T. c. 17, R. 440. 
 
 451. A copy of such writ shall be served upon the defendant Service of 
 personally or if he cannot be found left at his usual or last place '^°''^ ° '^■'*- 
 of abode with his wife or some other grown up person being a 
 member of his family or household or if no such person resident 
 there posted in a conspicuous 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 the said 
 sheriff or other officer has good reason to suspect that the pro- Property 
 party to be replevied or any part thereof is secured, contained 11^^^^°^ 
 or concealed in any dwelling house, building or enclosure of the from sheriff, 
 defendant or of any other person keeping or holding the same 
 
502 
 
 Chap. 48. 
 
 Judicature. 
 
 Sheriff's 
 return to writ. 
 
 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 
 demanded and if found therein replevy the same. C.O.Y.T^ 
 c. 17, R. 447. 
 
 452. The sheriff shall make a return to the writ to the 
 clerk of the Court whence it issued and shall annex to the return — 
 
 1. 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 protion of the 
 property mentioned in the writ and cannot replevy the residue 
 he shall stale in his return the articles which he cannot replevy 
 and the reasons why not. C.O.Y.T. c. 17, R. 438. 
 
 ORDER XXXVII. 
 
 INTERPLEADER. 
 
 Interpleader. 
 
 Cases in 
 which relief 
 granted. 
 
 Sheriff's 
 interpleader . 
 Claim to be 
 in writing. 
 Notice to and 
 by execution 
 creditor. 
 
 453. Relief by way of interpleader may be granted — 
 
 1. Where the person seeking relief (hereinafter called 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 rent; 
 
 (c) Any second or subsequent execution creditor claiming 
 priority over any previous judgment, execution, process 
 or proceeding; 
 
 (d) The execution or attachment debtor claiming the 
 benefit of any exemptions from seizure allowed by law. 
 
 C.O.Y.T. c. 17, s. 439. 
 
 454. Where a claim is made to or in respect of any goods 
 or chattels taken in execution under the process of the court 
 it shall be in writing and upon the receipt of the claim the sheriff 
 or his officer shall forthwith give notice thereof to the execution 
 creditor and the execution creditor shall within four days after 
 receiving the notice give notice to the sheriff or his officer that 
 
Judicature. Chap. 48. 503 
 
 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. 
 C.O.Y.T. c. 17, R. 440. 
 
 435. Where the execution creditor does not in due time if claim not 
 as directed by the next preceding rule admit or dispute the ab^draed^ 
 title of the claimant to the goods or chattels and the claimant issue of 
 does not withdraw his claim thereto by notice in writing to the summons, 
 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 Admiaaion or 
 execution creditor in like manner serve an admission of the title after °'""®° 
 of the claimant prior to the return day of such summons and at summons, 
 the same time give notice of such admission to the claimant the 
 judge may in and for the purposes of the interpleader pro- 
 ceedings make all such orders as to costs, fees, charges and Costs, 
 expenses as are just and reasonable. C.O.Y.T. c. 17, R. 441. 
 
 456. The applicant shall satisfy the court or judge by Matters to be 
 affidavit or otherwise — proved by 
 
 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 wilhng to pay or transfer the subject 
 matter into court or to dispose of it as the court or judge directs. 
 [E. 851.] C.O.Y.T. c. 17, R. 442. 
 
 457. The applicant shall not be disentitled to relief by Adverse 
 reason only that the titles of the claimants have not a common *ia^°ntg 
 origin but are adverse to and independent of one another. 
 
 CO Y.T. c. 17, R. 443. 
 
 458. When the applicant is a defendant application for Application 
 relief may be made at any time after service of the writ of sum- ^^ defendant, 
 mons. [E. 853.] C.O.Y.T. c. 17, R. 444. 
 
 459. The applicant may take out a summons calling on Summons by 
 the claimants to appear and state the nature and particulars ^ppi'^^nt. 
 of their claims and either to maintain or relinquish them. 
 
 [E. 854.] C.O.Y.T. c. 17, R. 445. 
 
 460. If the application is made by the defendant in an Stay of 
 action the Court or judge may stay all further proceedings in act'o"- 
 the action. [E. 855.] C.O.Y.T. c. 17, R. 446. 
 
 461. If the claimants appear in pursuance of the summons Order on 
 the Court or judge may order either that any claimant be made summons. 
 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 issue. 
 
504 
 
 Chap. 48. 
 
 Judicature. 
 
 Summary 
 disposal. 
 
 Question of 
 law. 
 
 Special ease. 
 
 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.] C.O.Y.T. c. 17, R. 447. 
 
 462. The judge may if it seems desirable so to do dispose of 
 the merits of their claims and decide the same in a summary 
 manner and on such terms as are just. [E. 857.] C.O.Y.T. 
 c. 17, R. 448. 
 
 403. 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 appUcable apply thereto. [E. 858.] C.O.Y.T. c. 17, 
 R. 449. 
 
 Claimant not 
 appearing or 
 otherwise in 
 default. 
 
 464. If a claimant having been duly served with a summons 
 calling upon him to appear and maintain or relinquish his claim 
 does not appear in pursuance of the sunlmons 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, 
 [fi. 859.] C.O.Y.T. c. 17, R. 450. 
 
 Appeal lies. 
 
 Decision 
 
 otherwise 
 
 final. 
 
 465. Subject to the provisions of this order an appeal shall 
 lie to the Court of Appeal of British Columbia from the decision 
 of the Court or a judge in any interpleader proceeding but 
 subject to such appeal the decision of the Court or judge shall 
 be final and conclusive against the claimants and all persons 
 claiming under them. C.O.Y.T. c. 17, R. 451. No. 7 of 1914, 
 s. 5. 
 
 Order for sale 
 of goods 
 
 466. When goods and chattels have been seized in execution 
 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 and upon such terms as are just. 
 [E. 861.] C.O.Y.T. c. 17, R. 452. 
 
 Creditor 
 failing to 
 contest claim. 
 
 467. In case a sheriff or other officer applies to the Court 
 or a judge for relief by interpleader proceedings and any creditor 
 under writ of attachment or execution after receiving two days' 
 notice of such application does not join in the contesting of the 
 claim of the adverse claimant, the Court or a judge may direct 
 that such creditor shall be excluded from any benefit which may 
 be derived from the contestation of such claim. Such notice 
 may be served upon the solicitor issuing the writ. No. 10 of 
 1904, s. 7. 
 
Judicature. Chap. 48. 505 
 
 4G8. The rules of court in respect to discovery and inspec- Discovery 
 tion shall with the necessary modifications apply in interpleader ^ij,'^'"®'"^'^" 
 proceedings and the judge before whom the proceedings are 
 had may finally dispose of the whole matter of the interpleader Powers of 
 proceedings including all costs not otherwise provided for. i"<lge. 
 [E. 862.] C.O.Y.T. c. 17, R. 453. 
 
 460. In case the sheriff has more than one writ at the suit Application 
 or instance of different parties against the same property it shall ^ecutionl^'^*' 
 not be necessary for the sheriff to make separate applications against same 
 on such writs or in each case; but he may make one application P™perty. 
 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. 
 C.O.Y.T. c. 17, R. 454. 
 
 470. Pending the adjudication of atiy such claim the sheriff Delivery of 
 may upon sufficient security being given to him by bond or c[°;^ant*° 
 otherwise for the forthcoming and delivery to him of the property pending 
 
 so taken or the value thereof when demanded permit the claimant adjudication. 
 to retain the possession of the same until there is final adjudi- 
 cation 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 subject of Sale of cattle 
 interpleader may at the request of either party and upon his goodT^**"'^'*' 
 furnishing sufficient 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. C.O.Y.T. c. 17, R. 455. 
 
 471. The Court or a judge may in and for the purpose of Costs and 
 any interpleader proceedings make all such orders as to costs other matters, 
 and all other matters as are just and reasonable. [E. 864] 
 C.O.Y.T. c. 17, R. 456. 
 
 472. Where an issue is directed to be tried, the costs of the Sheriflf's 
 sheriff incurred in consequence of the adverse claim shall be a ^?^^^ ^^^^ 
 first lien or charge upon the moneys or goods which may be 
 found in the issue to be applicable upon the execution. No. 10 
 
 of 1904, s. 8. 
 
 473. In case an issue is directed to be tried for the deter- Sheriff's 
 mination of an adverse claim in respect of property seized or lllf^*° ^^ 
 taken under an order for writ of attachment or writ of execution, 
 
 the sheriff (or other officer) to whom such order is delivered or 
 such writ is directed, may have the costs incurred by him in 
 consequence of such adverse claim, taxed and may, when so 
 taxed, serve a copy of the certificate of the costs taxed upon each 
 of the parties to the issue, and the attaching or execution creditor 
 shall forthwith pay the same to the said sheriff (in default of 
 
506 
 
 Chap. 48. 
 
 Judicature. 
 
 which payment a writ of execution may issue to enforce the 
 same) and if such creditor is successful upon the issue such costs 
 shall be costs in the cause. (O.R. 1158) and (M.R. 915). No. 
 10 of 1904, s. 8. 
 
 Msts'on' 474. When the proceedings are compromised between the 
 
 compromise, parties thereto, the costs of the sheriff shall be paid by the party 
 
 by whom the writ of attachment or execution was issued. No. 
 
 10 of 1904, s. 8. 
 
 ORDER XXXVIII. 
 
 Court may 
 order sale of 
 real estate. 
 
 Mode of 
 carrying out 
 sale, 
 
 mortgage, 
 etc., when 
 ordered by 
 court. 
 
 Sale by court. 
 
 Approval of 
 judge. 
 
 Parties. 
 
 SALES OF LAND, PARTITION, ETC. 
 
 4T5. If in any cause or matter relating to any real estate 
 it appears necessary or expedient that the real estate or any 
 part thereof should be sold the Court or a judge may order the 
 same to be 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. C.O.Y.T., c. 17, R. 457. 
 
 476. In all cases where a sale, mortgage, partition or 
 exchange is ordered the Court or a judge shall have power in 
 addition to the powers already existing, with a view to 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 pro- 
 duced 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, mortgaged, 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.] C.O.Y.T. c. 17, R. 458. 
 
 477. Where a judgment or order is given or made whether 
 in court or chambers directing any property to be sold, unless 
 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 shall join in the 
 sale and conveyance as the judge directs. [E. 682.] CO. 
 Y.T. c. 17, R. 459. 
 
Jvdicature. Chap. 48. 507 
 
 478. A mortgagee or mortgagor whether legal or equitable 0"g">at>ng 
 or any person entitled to or having property subject to a legal foreclosure, 
 or equitable charge or any person having the right to foreclose etc. 
 
 or redeem any mortgage whether legal or equitable may obtain 
 an originating summons returnable 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, 
 redemption, reconveyance, delivery of possession by the mort- 
 gagee. [E. 767a..] C.O.Y.T. c. 17, R. 460. 
 
 479. The judge may upon such summons pronounce such ^^^|™^"* '"' 
 judgment and make such orders as the case requires including 
 
 orders vesting such property in such person or persons as are 
 found or declared entitled thereto for such estate or interest as 
 is requisite. C.O.Y.T. c. 17, R. 461. 
 
 480. The persons to be served with such summons shall Persons 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. 7676.] C.O.Y.T. c. 17, R. 462. 
 
 481. The jud'gfe may direct such other persons to be served Service on 
 with the summons as he thinks fit. [E. 768.] C.O.Y.T. c. 17, otherpersons. 
 R. 463. 
 
 482. The application shall be supported by such evidence Evidence, 
 as the judge requires and directions may be given as he thinks questions, 
 just for the trial of any questions arising thereout. [E. 769.] 
 C.O.Y.T. c. 17, R. 464. 
 
 483. The judge may give any special directions touching Special 
 the carriage or execution of the judgment or order or the service 
 thereof upon persons not parties as he thinks just. C.O.Y.T. 
 
 c. 17, R. 465. 
 
 ORDER XXXIX. 
 
 MOTIONS AND APPLICATIONS. 
 
 484. Applications authorized to be so made by these rules Ex parte 
 may be made ex parte. Other motions in court shall be by ^pp'"=^*'°°^- 
 notice of motion and other appHcations in chambers by notice Court motion. 
 except where otherwise specially provided. But the Court or Chamber 
 judge if satisfied that delay caused by proceeding in the ordinary applications, 
 way would or might entail irreparable or serious mischief may 
 make any order ex parte upon such terms as to costs or otherwise order ex parte 
 and subject to such undertaking if any as the Court or judge «. delay 
 thinks iust; and any party affected by such order may move '"'""°"^- 
 to set it aside or to vary it. [E. 698.] C.O.Y.T. c. 17, R. 466. 
 No. 22 of 1903, s. 39. 
 
508 
 
 Chap. 48. 
 
 , Judicature 
 
 Grounds to be 
 si ated in 
 certain eases. 
 
 Service of 
 affidavits. 
 
 Motions. 
 Length of 
 notice . 
 
 485. Every notice of motion or notice to set aside, remit 
 or enforce an award or for attachment or committal or to strike 
 off the rolls shall state in general terms the grounds of the appli- 
 cation; and where any motion is made by notice a copy of any 
 affidavit intended to be used shall be served with the notice of 
 motion. [E. 699.] C.O.Y.T. c. 17, R. 467. No. 22 of 1903, s. 40. 
 
 486. Unless the Court or a judge gives special leave to the 
 contrary there must be at least two clear days between the 
 service of a notice of motion and the day named in the notice 
 for hearing the motion. [E. 700.] C.O.Y.T. c. 17, R. 468. 
 
 STournm'ent 487. If On the hearing of a motion or other application the 
 where persons Court or judge is of Opinion that any person to whom notice 
 not served, 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. 701.] C.O.Y.T. c. 17, R. 469. 
 
 rf'hearinK^"* 488. The hearing of any motion or application may from 
 time to time be adjourned upon such terms if any as the Court 
 or judge thinks fit. [E. 702.] C.O.Y.T. o. 17, R. 470. 
 
 Deciding 
 
 preliminary 
 
 question. 
 
 489. When on any application or motion in court or cham- 
 bers it appears to the judge desirable that any question of law 
 or fact should be first determined before proceeding 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 determination of such question the judge 
 may either finally dispose of the motion or application or proceed 
 with a further hearing thereof as is proper. C.O.Y.T. c. 17, 
 R. 471. 
 
 Defendant 
 not appearing 
 to writ. 
 Service of 
 notice on. 
 
 490. The plaintiff shall without any special leave he at 
 liberty to serve any notice or motion or other notice or any 
 petition upon any defendant who having been duly served 
 with a writ of summons to appear has not appeared within the 
 time limited for that purpose. [E. 703.] C.O.Y.T. c. 17, R. 472. 
 No. 22 of 1903, s. 41. 
 
 Service of 491. The plaintiff may by leave of the Court or judge to 
 
 motion°before '^® obtained ex parte serve 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. 704.] C.O.Y.T c. 17. 
 
 R. 473. 
 
 Enforcing 
 return of writ 
 or order by 
 sheriff. 
 
 492. No order shall issue for the return of any writ or 
 order to bring in the body of any person ordered to be attached, 
 arrested or committed; but a notice from the person issuing 
 the writ or obtaining the order for attachment, arrest, replevin 
 or committal (if not represented by a solicitor) or by his solicitor 
 
Judicature. Chap. 48. 509 
 
 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. [E. 706.] C.O.Y.T. c. 17, R. 474. 
 
 493. Every order shall be dated the day of the month and Date of 
 year on which the same was made, unless the Court or a judge °^^^^^- 
 otherwise directs, and shall take effect accordingly. [E. 708.1 
 C.O.Y.T. c. 17, R. 475. 
 
 4d4. Where an order has been made not embodying any Certain 
 special terms nor including any special directions, but simply ^It^l drawn 
 enlarging time for taking any proceeding or doing any act or up. 
 giving leave — 
 
 (o) For the issue of any writ other than a writ of attach- 
 ment; 
 (6) 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 officer of the court other , 
 than a soligitor; 
 
 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 matter shall not be deemed a special 
 direction within the meaning of this section. The solicitor of 
 th6 person on whose application such order is made shall forth- 
 with 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.] C.O.Y.T. c. 17, R. 476. 
 
 ORDER XL. 
 
 APPLICATIONS IN CHAMBERS. 
 
 I. — By Originating Summons. 
 
 495. Proceedings commenced by originating summons in Proceedings 
 the Supreme Court of Judicature in England may be so com- su^mmfnT*'"^ 
 menced 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. 
 C.O.Y.T. c. 17, R. 477. 
 
 490. An originating summons shall be sealed by the clerk Sealing and 
 and shall follow form G in the schedule hereto with such varia- f™™- 
 tions as are approved by the judge. C.O.Y.T. c. 17, R. 478. 
 
 497. Unless otherwise ordered, there shall be at least ten Time for 
 clear days between the service and return of an originating appearance, 
 summons.. C.O.Y.T. c. 17, R. 479. 
 
510 
 
 Chap. 48. 
 
 Judicature. 
 
 Service. 
 
 Judgment o|i 
 
 originating 
 
 summons. 
 
 498. An originating summons may be served in the same 
 manner as a writ of summons. C.O.Y.T. c. 17, R. 480. 
 
 499. Upon proof by affidavit of the due service of the 
 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. 770.] CO. 
 Y.T. c. i7,R. 481. 
 
 dfr^'cti n 500. The judge may give any special directions touching 
 
 to judgment^. '^^^ carriage or execution of the judgment or the service thereof 
 
 upon persons not parties as he thinks just. [E. 771.] C.O.Y.T. 
 
 c. 17, R. 482. 
 
 II.- — Generally. 
 
 Proceeding 501. Where any of the parties to a notice of application 
 
 where'party ^^^^ ^° attend whether upon the return of the notice or at any 
 faiistoattend. time appointed for 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-attendance 
 shall be required or allowed, but the judge may require 
 such evidence of service as he thinks just. [E. 738.] C.O.Y.T. 
 c. 17, R. 484. No. 22 of 1903, s. 43. 
 
 Reconsidera- 
 tion of ex 
 parte 
 proceedings. 
 
 503. When the case has been allowed to proceed ex parte 
 such proceeding shall not in any manner be reconsidered unless 
 the judge is satisfied that the party failing to attend was not 
 guilty of wilful delay or negligence; and in such case the costs 
 occasioned by his non-attendance shall be in the discretion of the 
 Costs. 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.] C.O.Y.T. c. 17, R. 485. 
 
 Proceeding 503. When a proceeding in chambers fails by reason of 
 
 attendance""" ^^^ non-attendance of any party and the judge does not think 
 of party. it expedient to allow ex parte proceeding the judge may order 
 Qgg^^g 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.] C.O.Y.T. c. 17, R. 486. 
 
 Summons not 
 disposed of 
 on return, 
 further 
 attendance. 
 
 504. When matters in respect of which notices given are 
 not disposed of upon the return of the notice the parties shall 
 attend from time to time without further notice at such time or 
 times as are appointed for the consideration or further con- 
 sideration of the matter. C.O.Y.T. c. 17, R. 487. No. 22 of 
 1903, s. 44. 
 
 Jurisdiction 505. A judge in chambers shall have jurisdiction to hear 
 
 chimbers" ^^^ determine any application or motion, except where it 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 
 
Judicature. Chap. 48. 511 
 
 and procedure in the Supreme Court of Judicature in England 
 may be heard and determined by any judge in chambers, master 
 or chief clerk. 
 
 2. Where any motion or application is made to the Court Where ^ 
 or a judge and it appears that the material upon which the same defective 
 is made is defective and insufficient in substance or in form, if motion 
 
 it appears to the Court or judge from statements of counsel or ^stponed. 
 otherwise that such material can be perfected by the applicant 
 within reasonable time, the motion or application shall not be 
 dismissed on account of such defective or insufficient material, 
 but the applicant may be given leave to perfect such material 
 upon payment of the costs occasioned to the opposing party by 
 his additional attendance. 
 
 3. Upon an application to the Court or a judge to set aside Party who 
 or vacate any rule or order on account of the same having been order'on 
 obtained upon defective or insufficient material, the Court or a defective 
 judge may allow the party who has obtained such rule or order ™^y jjg^ 
 
 a reasonable time to perfect the material upon which such given leave 
 rule or order was obtained by filing additional material, upon to perfect 
 such terms as are just. C.O.Y.T. c. 17, R. 488. No. 22 of ^""'■ 
 1903, s. 45. 
 
 III.— Administration and Trusis. 
 
 506. The executors or administrators of a deceased person Originating 
 or the sureties for administrators and the trustees under any reUting^to 
 deed or instrument or any of them and any person claiming to express trusts 
 be interested in the relief sought as creditor, devisee, legatee, "ion^^egtetT 
 next of kin or heir at law of a deceased person or as cestui que of deceased 
 trust under the trust of any deed or instrument or as claiming person, 
 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 tb 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 character 
 as executors, administrators or trustees; 
 
 (8.) The approval of any sale, purchase, cortipromise or other 
 transaction; 
 
 (9.) The determination of any question arising in the admin- 
 istration 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 admin- pg*d?g 
 istrators be stayed for such period as to the said judge seems 
 
512 
 
 Chap. 48. 
 
 Judicature. 
 
 performance 
 of trusts. 
 
 Interference 
 
 with 
 
 discretion 
 
 of trustee. 
 
 Service of 
 summons. 
 
 Newspaper 
 notice. 
 
 Evidence. 
 
 necessary or expedient in order that sufficient time be allowed 
 to such trustee, executor or administrator for the performance 
 of the trusts imposed upon him; provided 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.] C.O.Y.T. c. 17, R. 489. 
 
 50T. 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. 
 C.O.Y.T. c. 17, R. 490. 
 
 508. The application shall be supported by such evidence 
 as the judge requires. [E. 769.] C.O.Y.T. c. 17, R. 491. 
 
 Judgment on 
 summons. 
 
 509. 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.] C.O.Y.T. c. 17, R. 492. 
 
 Special 
 direction.s. 
 
 510. 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.] 
 C.O.Y.T. c. 17, R. 493. , 
 
 Administra- 
 tion not to be 
 ordered if 
 questions 
 otherwise 
 determinable. 
 
 511. 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.] 
 C.O.Y.T. c. 17, R. 494. 
 
 Powers of 
 court if 
 administra- 
 tion or trust 
 accounts not 
 rendered. 
 
 51S. 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 insufficient accounts have 
 been rendered the Court or a judge may in addition to the 
 powers already existing: 
 
 (a) 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; 
 (6) When necessary to prevent proceedings by other 
 creditors or by persons beneficially interested make 
 the usual judgment or order for administration with a 
 
Judicature. Chap. 48. 513 
 
 proviso that no proceedings are to be taken under such 
 judgment or order without leave of the judge in person. 
 fE. 772a.] C.O.Y.T. c. 17, R. 495. 
 
 513. Any of the following applications may be made by Appointment 
 originating summons: of new 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. 
 C.O.Y.T. c. 17, R. 496. 
 
 514. Whenever in an action for the administration of the Saleordered 
 estate of a deceased person or execution of the trusts of a written property, 
 instrument a sale is ordered of any property vested in any 
 executor, administrator or trustee the conduct of such sale Conduct of 
 shall be given to such executor, administrator or trustee unless ^^^' 
 
 the judge otherwise directs. [E. 666.] C.O.Y.T. c. 17, R. 497. 
 
 515. The judge may in such way as he thinks fit obtain Judge may 
 the assistance of accountants, merchants, engineers and other °3g*g}^„(,g 
 scientific persons the better to enable any matter at once to be of experts, 
 determined and he may act upon the certificate of any such 
 person. [E. 781.] C.O.Y.T. c. 17, R. 498. 
 
 51 G. Where a judgment or order is given or made directing Claimants 
 an account of debts, claims or liabilities or an inquiry for heirs, "o prove "^'" 
 next of kin or other unascertained persons unless otherwise excluded. 
 ordered all persons who do not come in and prove their claims 
 within the time which is fixed, for that purpose by advertisment 
 shall be excluded from the benefit of the judgment or order. 
 [E. 806.] C.O.Y.T. c. 17, R. 499. 
 
 51 T. The Court or judge may direct that notice of the Advertise- 
 time so fixed shall be given by publishing an advertisement J^r"roof*™'' 
 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. C.O.Y.T. 
 c. 17, R. 500. 
 
 518. 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 by a "°*^°''- 
 judge it shall be signed by him. C.O.Y.T. c. 17, R. 501. 
 
 519. Upon such notice being duly published and such Pers9ns not 
 other notice given or published or served as the Court or judge ciTiSs within 
 directs, all persons who do not come in and prove their claims time excluded, 
 within the time so fixed shall be excluded from the benefits 
 
 of the judgment or order. [E. 806.] C.O.Y.T. c. 17, R. 502. 
 
 530. Any trustee, executor or administrator may without Application 
 the institution of a suit upon a written statement verified on et^c.jo?'"'' 
 
 70263—33 
 
514 
 
 Chap. 48. 
 
 Judicature. 
 
 opinion and oath apply to a judge in chambers for the opinion, advice, or 
 court.'"" ° direction of such judge on any question respecting the manage- 
 ment 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: 
 Exoneration Provided nevertheless that nothing in this rule shall extend 
 
 of truetee, etc. .-j .j. ,, ij--ij.' x 
 
 to indemnify any trustee, executor or administrator m respect 
 of any act done in accordance with such opinion, advice or direc- 
 tion as aforesaid if such trustee, executor or administrator has 
 been guilty of any fraud or wilful concealment or misrepre- 
 sentation in obtaining such opinion, advice or direction. 
 C.O.Y.T. c. 17, R. 503. 
 
 Fraud or 
 concealment. 
 
 IV.- — Guardian ad litem. 
 
 Infant or 531. At any time during proceedings at chambers under 
 
 unsound mind ^^^y judgment or Order the judge may if he thinks fit appoint 
 Guardian od a guardian ad litem for an infant or person of unsound mind 
 hiem. ^^^ already so found who has been served with notice of such 
 
 judgment or order. C.O.Y.T. c. 17, R.- 504. 
 
 V. — Varying Orders. 
 
 Consent to 533. The judge may set aside, vary or discharge any order 
 
 discharge of jQ^de by him on consent of all parties interested. C.O.Y.T. 
 c. 17, R. 505. 
 
 ORDER XLI. 
 
 COSTS. 
 
 Costs 
 
 generally in 
 discretion 
 of court. 
 
 Proviso as to 
 
 trustees. 
 
 Costs where 
 cause tried 
 by jury. 
 
 I. — Generally. 
 
 533. vSubject 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 proceedings 
 of any right co 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. 976.] C.O.Y.T. 
 c. 17, R. 525. 
 
Judicature. Chap. 48. 515 
 
 534. When issues in fact and law are raised upon a claim posts ol 
 or counterclaim the costs of the several issues respectively both '^^"''^' 
 in law and fact shall unless otherwise ordered follow the event. 
 C.O.Y.T., c. 17, R. 526. 
 
 325. Where the Court or judge appoints the Public Admi- Casts of 
 nistrator or a soHcitor to be guardian ad litem of an infant or g°ardkn 
 person of unsound mind the Court or judge may direct that the ad%tem! 
 costs to be incurred in the performance of the duties of such 
 office shall be borne and paid by the parties or some one or 
 more of the parties to the cause or matter in which such appoint- 
 ment 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 repayment or allowance of costs as the 
 justice and circumstances of the case requires. [E. 988.] 
 C.O.Y.T. c. 17, R. 527. 
 
 II. — Security for Costs. 
 
 536. When the plaintiff in an action resides out of the Terri- Security 
 tory and in any other case where, by the practice and procedure ^°'' ''°^*^' 
 in England, a defendant is entitled to security for costs, the 
 defendant, or one of the defendants, if more than one, may on 
 affidavit of himself or his agent alleging that the defendant has 
 a good defence on the merits to the action, apply for an order re- 
 quiring the plaintiff within three months (or such other 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 directing that in default 
 of such security being given the action be dismissed with cost 
 unless the Court or judge on special application for that purpose 
 otherwise orders. The application for such security shall be by 
 notice. A copy of the notice and copies of affidavits to be used 
 on behalf of the defendant on the motion shall be served at least 
 four clear days before the notice is returnable. No. 7 of 1914, s. 
 7. 
 
 SST. In any cause or matter in which security for costs is Time and 
 required the security shall be of such amount and be given at ^vSig"^ °' 
 such times and in such manner and form as the Court or judge security. 
 directs. [E. 981.] C.O.Y.T. c. 17, R. 529. 
 
 528. Where a bond is given as security for costs it shall un- Obligee where 
 less the Court or judge otherwise directs be given to the party or bond given, 
 person requiring the security and not to an officer of the court. 
 
 [E. 982.] C.O.Y.T. c. 17, R. 530. 
 
 III. — Taxation and Tariffs of Costs. 
 
 529. In all cases and proceedings as also upon interlocu- Taxation of 
 tory applications where a party becomes entitled to costs from lumpsS'm* 
 any other party the same shall be taxed by the clerk in accord- ordered. 
 ance with the authorized tariffs unless the Court or judge by 
 
 70263—33^ 
 
516 
 
 Chap. 48. 
 
 Judicature. 
 
 Sheriff's and 
 clerks' fees. 
 
 order directs the payment of a sum in gross in Ueu of taxed costs 
 and by and to whom such sum in gross shall be paid. C.O.Y.T. 
 0. 17, R. 531. 
 
 530. There shall be paid to each sheriff and clerk the fees 
 prescribed by the judge 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. C.O.Y.T., c. 17, R. 532. 
 
 Cases where 531. If in any case it appears to the Court or a judge that 
 be deprived^ costs have been improperly or without any reasonable cause 
 of or ordered incurred Or that by reason of any undue delay in proceeding 
 to pay costs, ^jjjjgj. g^j^y 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 dis- 
 allowed as between the solicitor and his client and also (if the 
 circumstances 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. C.O.Y.T. c. 17, R. 533. 
 
 Notice of 
 taxation . 
 
 5S2. 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 solicitor of the party whose costs are to be taxed to the 
 other party or his solicitor in all cases where a notice to tax is 
 necessary. C.O.Y.T. c. 17, R. 534. 
 
 Unnecessary 533. Notice of taxing costs shall not be necessary in any 
 notappe!^e*d. ^^^® where the defendant has not appeared in person or by 
 his solicitor or guardian. C.O.Y.T. c. 17, R. 535. 
 
 Application 
 for review 
 of taxation. 
 
 534. Any party who is dissatisfied with the allowance or 
 disallowance by the clerk in any bill of costs taxed by him of the 
 whole or any part of 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. C.O.Y.T. 
 c. 17, R. 536. 
 
 Evidence on 535. Such application shall be heard and determined by 
 review. ^j^^ judge upon the evidence which was brought in before the 
 
 clerk and no further evidence shall be received unless the judge 
 
 otherwise directs. C.O.Y.T. c. 17, R. 537. 
 
 Tariffs to 
 be posted. 
 
 536. 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. C.O.Y.T. c. 17, R. 538. 
 
 537. Witnesses, jurors and interpreters and parties shall 
 
 Witnesses' 
 
 interpreters' be entitled to the fees and remuneration named in the Tariff of 
 fees. witnesses' , jurors' and interpreters' fees appended to this Ordinance. 
 
 C.O.Y.T. c. 17, R. 539. 
 
Judicature. Chap. 48. 517 
 
 538. All fees and allowances respectively payable under F^es payable 
 the said tariffs whether under writs of execution or otherwise '" '''^''*"''^- 
 shall be paid in advance by the parties at whose instance the 
 
 service is to be rendered but in cases where the amounts are im- 
 possible of ascertainment for any reason then the amount approxi- ^^ere'* 
 mated by the officer or fixed by the judge' shall be deposited or unascertain- 
 paid to be accounted for when the correct amount is ascertained. ^'''^• 
 C.O.Y.T. c. 17, R. 540. 
 
 539. In all causes and matters in which duly enrolled soli- Solicitors' 
 citors 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 prescribed by the judge of the 
 Territorial- Court. C.O.Y.T. c. 17, R. 541. 
 
 ORDER XLII. 
 
 MISCELLANEOUS. 
 
 I. — Forms. 
 
 540. The forms contained in the schedule to this Ordinance JForms. 
 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 variations as will make 
 them respectively applicable to proceedings in the Territorial 
 Court of the Territory may be used. C.O.Y.T. c. 17, R. 546. 
 No. 7 of 1914, s. 9. 
 
 II. — Actions against Public Officers. 
 
 541. All actions and prosecutions to be commenced against Venue, 
 any person for anji-thing purporting to be done, in pursuance of 
 
 his duty as a public ofiicer shall be commenced within six months 
 
 after the act was committed and not otherwise and notice in Limitation. 
 
 writing of such action and of the cause thereof must be given to Notice of 
 
 the defendant one month at least before the commencement of 
 
 the action. C.O.Y.T. c. 17, R. 541. 
 
 III. — Ex parte Proceedings; Non-compliance; and Irregu- 
 larities. 
 
 543. In case of ex parte proceedings the judge may leiuse ex parte 
 to proceed ex parte and may direct such notice to be given proceedings, 
 by summons or otherwise to such party or parties as he deems be°req^uired 
 fit. C.O.Y.T. c. 17, R. 545. 
 
 543. Non-compliance with any of the provisions of this Non- 
 Ordinance shall not render any proceedings void unless the ^^^p'^j^j""^- 
 Court or a judge directs but such proceedings may be set aside 
 either wholly or in part as irregu,lar or amended or otherwise 
 dealt with in such manner and upon such terms as the Court or 
 judge thinks fit. [E. 1037.] C.O.Y.T. c. 17, R. 546. 
 
518 
 
 Chap. 48. 
 
 Judicature. 
 
 Waiver of 
 irregularity. 
 
 Grounds of 
 irregularity 
 to be stated. 
 
 Costs of 
 summons. 
 
 544. 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. 1038.] C.O.Y.T. c. 17, R. 547. 
 
 545. When an application is made to set aside proceedings 
 for irregularity the several objections intended to be insisted 
 upon shall be stated in the summons or notice. [E> 1039.] CO. 
 Y.T. c. 17, R. 548. 
 
 546. 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 dismissed with 
 costs. [E. 1040.] C.O.Y.T. c. 17, R. 549. 
 
 lY.— Alias Writs. 
 
 Expiry of 
 process. 
 Alias or 
 pluries. 
 
 54'7. 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. 
 C.O.Y.T. c. 17, R. 550. 
 
 V. — Time for Service. 
 
 Hours for 
 service of 
 pleadings, 
 etc. 
 
 Reckoning 
 number of 
 days. 
 
 548. Service of pleadings, notices, summonses, orders, 
 rules and other proceedings except writs of summons, attach- 
 ment 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.] 
 C.O.Y.T. c. 17, R. 551. 
 
 540. In any case in which any number of days not expressed 
 to be clear days is prescribed in this Ordinance the same shall be 
 reckoned exclusively of the first and inclusively of the last day. 
 [E. 972.] C.O.Y.T. c. 17, R. 552. 
 
 Where time 550. Where any limited time less than six days from or 
 limited under after any date or event is appointed or allowed for doing any 
 £olid%i ^^t or taking any proceeding the days on which the offices are 
 excluded. closed Under the provisions of this Ordinance and the rules of the 
 
 Court shall not be reckoned in the computation of such limited 
 
 time. [E. 962.] C.O.Y.T. c. 17, R. 553. 
 
 Time 
 expiring 
 on hpliday. 
 
 551. Where the time for doing any act or taking any pro- 
 ceeding expires on a Sunday or other day on which the offices 
 are closed and by reason thereof such act or proceeding cannot 
 be done or taken on that day such act or proceeding 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 dav on which the 
 offices are next open. [E. 963.] C.O.Y.T. c. 17, R. 554. 
 
Judicature. Chap. 48. 519 
 
 552. The Court or a judge shall have power to enlarge or Enlargement 
 abridge the time appointed by this Ordinance or the rules of ment rf!!me. 
 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. C.O.Y.T. 
 c. 17, R. 555. 
 
 VI. — Sittings of the Court and Vacation. 
 
 553. Subject to the provisions of section 49 of the Yukon Judges may 
 Act and until the times and places of sittings are appointed court"'"^^ °^ 
 under that section, the Territorial Court, presided 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 judge of the Court appoints. 
 
 2. Between the first and twenty-fifth days, inclusive, ofp°"Y°^^' 
 every month, if there is any business to dispose of there shall be 25t™of\ach 
 at least one sitting of the Court at Dawson in said Territory on month, 
 every day of the month, except on holidays and Saturdays. 
 
 3. Every sitting of the Court shall commence at the hour Sittings to 
 of 10 o'clock in the forenoon, unless otherwise ordered by the loT.m™"'^ "* 
 judge who is to hold the sitting, or by the judges. 
 
 4. At the conclusion of the sitting of the Court on any day, At conclusion 
 unless the presiding judge otherwise orders, and, if no judge °j^J,**y|^g°'' 
 attends at any time or place appointed for a sitting of the Court, attends, court 
 then, at three of the clock in the afternoon of the day appointed, ^"f-fe"'''' 
 the Court shall be deemed to be adjourned until the hour of ten nextday^'"*' 
 of the clock in the forenoon of the next day fixed by this Ordin- 
 ance or appointed for a sitting of the court. C.O.Y.T. c. 17, 
 
 R. 556. 
 
 554. There shall be a vacation to extend from the first day Vacation, 
 of November in every year to the last day of February in the 
 
 year following, inclusive of both of said days. 
 
 2. During vacation no contested business other than under No contested 
 Part III. of this Ordinance, except as in this section provided, business to be 
 shall be transacted, and no party to a cause in which the vTc"aTiom " 
 defendant has appeared, shall be compelled 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. 
 
 3. Provided that during vacation: d'onfduring''^ 
 
 (a) Notice of motion to set a cause down, for trial may be vacation, 
 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. The Court at its appearance., 
 
520 
 
 Chap. 48. 
 
 Judicature. 
 
 discretion may give leave that' application may be made to 
 strike out appearance, and order for judgment may be made 
 and all proceedings had as provided by Order X. 
 
 (e) Costs may be taxed, and 
 
 (/) Any cause or matter may be heard and any proceedings 
 may be had or taken if the Court or a judge authorizes such 
 proceedings to be had or taken notwithstanding vacation. 
 C.O.Y.T. c. 17, R. 557. No. 10 of 1905, s. 1 and No. 14 of 
 1906, s. 1. 
 
 PART II. 
 Lunatics, Infants and Probate. 
 
 ORDER XLIII. 
 
 LUNATICS. 
 
 Petition to 
 
 judge. 
 
 Verification. 
 
 Hearing of 
 petition. 
 
 555. Proceedings in lunacy shall be by petition to the 
 judge filed with the clerk of the Court for that purpose verified 
 on oath setting forth the ground on which the application 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. C.O.Y.T. c. 17, R. 559. 
 
 556. Upon presentation of such petition the judge shall 
 appoint a time and place at which he will hear the same; 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 thereupon 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. C.O.Y.T. c. 17, 
 R. 560. 
 
 Service on 
 lunatic. 
 
 Commiasion 
 to take 
 evidence. 
 
 Appointment 
 of guardian. 
 
 557. A copy of such petition and notice of the intended 
 application shall be served on the alleged lunatic unless such 
 service is dispensed with by the judge. C.O.Y.T. c. 17, R. 561 
 
 55S. The judge may order the issue of a commission to 
 take evidence to be used on any such hearing as in any ordinary 
 suit in court and all depositions taken thereunder shall be 
 received in evidence at the hearing saving all just exceptions. 
 C.O.Y.T. c. 17, R. 562. 
 
 550. If the judge determines such person to be a lunatic 
 and that he has property the judge shall forthwith order the 
 appointment under the seal of the Court of one or more persons 
 as guardian or guardians to his estate. C.O.Y.T. c. 17, R. 563. 
 
Judicature. Chap. 48. 521 
 
 360. On every such inquiry the alleged lunatic if he is Examination 
 within the jurisdiction of the court shall be produced and °^ '""**"'• 
 examined by the judge unless such examination is dispensed 
 with. C.O.Y.T. c. 17, R. 564. 
 
 561. The judge may order the costs, charges and expenses Costs. 
 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. C.O.Y.T. c. 17, R. 565. 
 
 563. 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 ^^""uardian 
 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 Inventory. 
 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 ^J'^tSy 
 after the filing of the inventory the guardian shall file a true inventory. 
 account of the same from time to time as the same is discovered; 
 
 4. Every inventory shall be verified by the oath of the Verification. 
 guardian. C.O.Y.T. c. 17, R. 566. 
 
 363. Whenever the personal estate of a lunatic is not Where 
 sufficient for the discharge of his debts,— ItlltT^ 
 
 1. The guardian of his estate may apply by petition to insufficient 
 the judge for authority to mortgage or sell so much of the real ppt-^|o*foj. 
 estate as is necessary for the payment of such debts; realization 
 
 2. Such petition shall set forth the particulars and amount o" realty. 
 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 inquiry by 
 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, Order for sale 
 that the personal estate is not sufficient for the payment of the '"' °i°'^*8age. 
 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 sufficient portion of it to be mortgaged 
 or sold by the guardian and the moneys thus raised shall be 
 employed for the payment of the debts of the estate and if 
 
522 
 
 Chap; 48. 
 
 Judicature. 
 
 Bond by 
 
 guardian. 
 
 insufficient shall be distributed in the same way as intestates' 
 estates are distributed by law the guardian having first provided 
 a bond with sureties similar in terms to that provided by clause 
 (1) of the next preceding rule for duly accounting for the 
 proceeds so raised. C.O.Y.T. c. 17, R. 567. 
 
 Sale of 
 mortgage of 
 
 of lunatic or 
 family. 
 
 564. When the personal estate and the rents, profits and 
 realettateTor income of the real estate of the lunatic are insufficient for his 
 maintenance maintenance or that of his family or for the proper education 
 of his children or when for any other cause it 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 
 guardian the guardian having first provided a bond with sureties 
 as required by the next preceding rule. C.O.Y.T. c. 17, R. 568.. 
 
 Clerk's fees. 
 Costs. 
 
 565. The judge may order such fees to the clerk of the 
 Court and costs of and relating to any petition, order, direction 
 Guardian's and conveyamce including remuneration to the guardian as he 
 remuneration, considers reasonable to be paid and raised from the lands, rents 
 or personal estate of the lunatic in respect of whom the same 
 may be respectively incurred, made, or caused. C.O.Y.T. c. 17, 
 R. 569. 
 
 Removal of 
 guardian. 
 
 566. On sufficient grounds shown the judge may remove 
 a guardian and appoint another in his stead. C.O.Y.T. c. 17, 
 R. 570. 
 
 Intituimg 56T. In the proceedings aforesaid the petitions and papers 
 
 proceedings. , . ... i i r n 
 
 may be intituled as follows. 
 
 In the Territorial Court, 
 In the matter of 
 
 C.O.Y.T. c. 17, R. 563. 
 
 ORDER XLIY. 
 
 INFANTS. 
 
 I. — Guardians. 
 
 Guardian- 568. The Court or a judge thereof may appoint guardians 
 
 irffntaand ^f infants and of their estates (but unless the Court or judge 
 
 their estates, otherwise orders no guardian shall be appointed to the person 
 
 or estate of any infant of the age of fourteen years or over with- 
 
 Letters of out the consent of such infant) and letters of appointment may 
 
 appointment. ^^^ 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. C.O.Y.T. c. 17, R. 572. 
 
Judicature. Chap. 48. 523 
 
 569. The Court or judge may upon hearing the petition of Mother may- 
 the mother of an infant whose father is dead appoint the mother ]^ot^?h-"*^'^ 
 or some other person to take the guardianship of the person of standing other 
 the infant notwithstanding any testamentary provisions to the ^''''f'ither^"* 
 contrary or any appointment of another person as guardian ^ 
 by thefather if it appears just and proper; and may also make an Maintenance 
 order for the maintenance of the infant by the payment out of of infant. 
 any estate to which the 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 Court or judge thinks just and reasonable. 
 C.O.Y.T. c. 17, R. 573. 
 
 5TO. The Court or judge may give effect to the testamentary Testamentary 
 appointment of guardians by the mother of infant children ofmother"* 
 either as respects the person or estate or one or both notwith- may be 
 standing the previous appointment of guardians by testament Ph^l^"f^A*i° 
 of the father of such infants upon petitions presented and facts 
 proved, if it seems advisable and in the interest of the infants 
 to do so; and make an order for the maintenance of the infants Maintenance, 
 as in the next preceding rule mentioned. C.O.Y.T. c. 17, R. 574. 
 
 571. Testamentary guardians and trustees may be removed Testamentary 
 for proper cause in the same manner as other guardians and f^Jtegg"^ '*"^ 
 
 trustees. C.O.Y.T. C. 17, R. 575. Removal. 
 
 572. In all matters and applications touching or relating General 
 to the appointment of guardians, control .or removal of guar- court'^or° 
 dians of any infants and the security to be given by such guar- judge, 
 dians or otherwise, the Court or judge shall have full power and 
 authority to summon and order the attendance 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 expedifent according to the practice and proce- 
 dure of the court in that behalf and in such manner as the Court 
 or judge directs. C.O.Y.T. c. 17, R. 576. 
 
 573. Upon the written application of any infant or the Appointment 
 friend or friends of any infant and upon notice thereof to the nodce'^to''" °" 
 mother of such infant if living in the Territory the Court or mother, 
 judge may upon a proper case made out for that purpose appoint 
 
 some suitable and discreet person or persons to be guardian or 
 guardians of such infant. C.O.Y.T. c. 17, R. 577. 
 
 574. 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»ardian. 
 infants in such penal sum and with or without sureties as the 
 
 Court or judge directs or approves having regard to the circum- 
 stances 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 render to his or their said ward or his or 
 
524 
 
 Chap. 48. 
 
 Judicature. 
 
 May be 
 
 dispensed 
 
 with. 
 
 Apprenticing 
 infants. 
 
 Discharging 
 apprentice- 
 ship. 
 
 Removal of 
 guardian. 
 
 their executors or administrators 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 delay 
 deliver and pay over to the said ward or to his or her exeputors 
 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 guar- 
 dian or guardians; and such bond shall be filed and recorded in 
 the books in the office of the clerk of the court but in cases 
 where the estate is of small value such bond or bonds may 
 be dispensed with. C.O.Y.T. c. 17, R. 578. 
 
 575. The guardian or guardians of the person of an infant 
 so appointed may during the continuance of his or her guardian- 
 ship 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 the 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 employ- 
 ment; such apprenticeship 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. C.O.Y.T. c. 17, R. 579. 
 
 576. The Court or judge may on proper cause being shown 
 for that purpose discharge any such ward from the apprentice- 
 ship in the next preceding rule mentioned and order the articles 
 or instrument of apprenticeship to be delivered up to be cancelled 
 or make such other order in respect of the master or apprentice 
 or either of them as under the circumstances appears to be 
 proper and just; and may also upon reasonable complaint made 
 and sustained remove any guardian or guardians from his or 
 their guardianship and if it appears necessary appoint another 
 guardian or guardians in his or their stead. C.O.Y.T. c. 17, 
 R. 580. 
 
 Practice and 
 procedure. 
 
 577. The practice and procedure in respect of guardianship 
 and all questions relating thereto shall conform as nearly as the 
 circumstances will admit to the practice and procedure in 
 England: 
 
 Provided always that the Court or judge may in any case 
 where the circumstances warrant it to save expenses vary the 
 same. C.O.Y.T. c. 17, R. 581. 
 
 Order for 
 access of 
 mother. 
 
 II. — Custody of Infants. 
 
 578. 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 guardian after the death 
 
Judicature. Chapj 4S. 525 
 
 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 Delivery to 
 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 
 niother and there to remain for such time and under such con- 
 ditions as the Court or judge prescribes; and in dealing with any 
 such application the Court or judge may also make an order for Maintenance 
 the maintenance and education of such infant by payment by education 
 the father thereof or by payment out of any estate to which 
 such infant is entitled of such sum or sums of money from time 
 to time as according 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 ?f|*°f ^ °^ 
 and control of his infant children but it shall be lawful for the generally. 
 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 notwithstand- 
 ing. C.O.Y.T. c. 17, R. 582. 
 
 579. On the investigation of the facts on any application Evidence on 
 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 the appli- 
 cation 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. C.O.Y.T. c. 17, R. 583. 
 
 580. All orders and rules made by a judge or by the Court ^f"^°™grs^''"*' 
 under any of the preceding rules may in addition to all 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 attach- 
 ment or process for contempt. C.O.Y.T. c. 17, R. 584. 
 
 581. No order directing that the mother shall have the Mother 
 custody of or access to an infant shall be made in virtue of the ""^'^f j„|^°[ 
 preceding rules in favour of a mother against whom adultery 
 
 has been established or to whom the custody or control of an 
 infant could not be safely confided on account of improper con- 
 duct or habits of life. C.O.Y.T. c. 17, R. 585. 
 
 III. — Estate and Property of Infants. 
 
 582. When an infant is seized or possessed of or entitled to "ip^erty'D? °^ 
 any real estate in fee simple or for a term of years or otherwise infant under 
 in the Territory and the Court or judge is of opinion that a sale, °^^^[°^ 
 
526 
 
 Chap. 48. 
 
 Jxidicature. 
 
 Application, 
 by whom. 
 Consent of 
 infant. 
 
 Execution of 
 conveyance 
 for infants. 
 
 lease or other disposition of the same or any part thereof is ex- 
 pedient, necessary or proper in the interest of the infant or for 
 the maintenance or education 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 promoted 
 by such sale, lease or other disposition, the Court or judge may or- 
 der 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 expedient and may order the 
 infant to convey or demise or otherwise dispose of the estate as 
 the Court or judge thinks proper. C.O.Y.T. c. 17, R. 586. 
 
 583. The application shall be made in the name of the 
 infant by his next friend or by his guardian but shall not be made 
 without the consent of the infant if he is of the age of seven years 
 or upwards. C.O.Y.T. c. 17, R. 587. 
 
 584. When the Court or judge deems it convenient that a 
 conveyance should be executed by some person in the place of 
 the infant the Court or judge may direct some other person in 
 the place of the infant to convey the estate. C.O.Y.T. c. 17. 
 R. 588. 
 
 Conveyance 
 to be 
 effectual. 
 
 585. Every such conveyance whether executed by the 
 infant or some 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., CO. 
 Y.T. c. 17, R. 589. 
 
 Disposition of 586. The moneys arising from any such sale, lease or other 
 moneys disposition shall be laid out, applied and disposed of in such 
 
 manner as the Court or judge directs. C.O.Y.T. c. 17, R. 590. 
 
 raised . 
 
 Moneys 
 raised from 
 land to 
 devolve as 
 land. 
 
 58T. On any sale, lease or other disposition so made the 
 moneys so raised or the securities taken or the surplus 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 they 
 would in the estate sold or disposed of if no sale or other dispo- 
 sition had been made thereof. C.O.Y.T. c. 17, R. 591. 
 
 588. If any real estate of an infant is subject to any incum- 
 brance and the person entitled to such incumbrance consents in 
 ^rman nT °' Writing to accept in lieu of such incumbrance any gross sum of 
 investment of money which the Court or judge thinks reasonable or the per- 
 i"™i!i,™„°^ manent investment of a reasonable sum of money in such manner 
 ^^^^ ^j^g 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 
 
 Incumbered 
 estate. 
 
 incumbrance. 
 
Judicature. Chap, 48. 527 
 
 sum of money out of the proceeds or other disposition of the real 
 estate of the infant: 
 
 Provided always that it shall be competent for the Court or Where 
 judge in any case where the estate of the infant is subject to any ^""u^^tain^ 
 lien or incumbrance of uncertain duration to compute the duration, 
 reasonable value of the same and to order the sale or other dis- 
 position of the estate of the infant freed or discharged from such 
 incumbrance and direct the payment of the value of such in- 
 cumbrance out of the proceeds of the sale or other disposition 
 of the real estate of the infant. C.O.Y.T. c. 17, R. 592. 
 
 580. In any proceeding for the selling, letting or other dis- Appearance 
 position of the estate of an infant it shall not be necessary that °^ ''^^°* "* 
 the infant shall appear in propria persona before the Court or appl?oatbn. 
 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. C.O.Y.T. c. 17, R. 593. 
 
 590. In case of any sale or other disposition of any real Estate of 
 estate of an infant under the provisions of these rules the interest conveyed by '^ 
 and estate sold or otherwise disposed of may be conveyed to the vesting order, 
 purchaser by the vesting order of the Court which shall be to 
 all intents and purposes as effectual to pass the interest and 
 estate so sold or disposed of as a conveyance duly executed as 
 provided in these rules. C.O.Y.T. c. 17, R. 594. 
 
 ORDER XLV. 
 
 PROBATE AND LETTERS OF ADMINISTRATION. 
 
 591. Every person to whom letters of administration or Security by 
 guardianship are committed shall give a bond or bonds to the administrator 
 
 ? 1 i- ii -ii. i.- u orguardian. 
 
 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. C.O.Y.T. c. 17, 
 R. 595. 
 
 592. Any person interested in the estate may by leave of Proceedings 
 the Court or judge institute proceedings in his own name on °" °" ' 
 the bond or bonds without an assignment thereof to him. 
 C.O.Y.T. c. 17, R. 596. 
 
 593. Where any probate or letters of administration or AncUlary 
 other legal document purporting to be of the same nature j'^"^^*^^^'" 
 or an exemplification thereof granted by a court of competent admSi°tra- 
 jurisdiction in the United Kingdom or in any Province or tion. 
 Territory of the Dominion or in any other British Possession 
 
 is produced to and a copy thereof deposited with the clerk of the 
 Territorial Court of the Yukon Territory and the prescribed 
 
528 
 
 Chap. 48. 
 
 Judicature. 
 
 Security on 
 issue of 
 ancillary 
 probate, etc. 
 
 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 effect 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 granted thereby. 
 
 2. The letters of administration shall not be sealed with 
 the seal of the Territorial Court until a certificate has been 
 filed under the hand of the clerk or other officer of the court 
 wherever the same issued that security has been given in a sum 
 sufficient to cover as well the assets within the 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. C.O.Y.T. 
 c. 17, R. 597. 
 
 Administra- 
 tor ad litem. 
 
 Proceedings 594. Before probate of a will or letters of administration 
 
 probSeto of the personal estate and effects of a deceased person are 
 
 restrain granted any person may institute proceedings to restrain any 
 
 waste. Qj^g 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 entitle^ to costs of the action unless 
 
 the Court or judge otherwise orders. C.O.Y.T. c. 17, R. 598. 
 
 503. Where no probate of the will of a deceased person 
 or 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 Admin- 
 istrator administrator ad litem according as the case requires. 
 C.ay.T. c. 17, R. 599. 
 
 390. Citations, summonses or notices issued by the Court 
 or judge in the exercise of probate jurisdiction may in the 
 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. C.O.Y.T. 
 c. 17, R. 600. 
 
 Newspaper 597. All citations, summonses or notices issued by the 
 
 "if ti''n*'°"t°^ Court 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 necessarv unless the judge otherwise directs. 
 C.O.Y.T. c. 17, R. 601. 
 
 598. A judge may on the application of any executor or 
 administrator or of any trustee grant an order for creditors 
 and others to send in to the executor, administrator or trustee 
 claims against the estate of the testator, intestate or the trust 
 
 Direction of 
 citations, 
 summonses, 
 etc. 
 
 Order for 
 creditors to 
 send in claims. 
 
Judicature. Chap. 48. 529 
 
 estate as the case may be together with a statement of the Publication, 
 securities if any held by them within such time as the judge 
 fixes and notice of such order shall be published in such news- 
 paper or newspapers as the judge directs and the executor or Distribution 
 administrator on the same being so published may at the ?hereatter. 
 expiration of the time so fixed be at liberty to distribute the 
 assets of the testator or intestate or any part thereof and the 
 trustee may in like manner be at liberty to distribute the trust 
 estate or any part thereof amongst the parties entitled thereto 
 having regard to the claims of which such executor, admin- 
 istrator or trustee has then notice and shall not be liable for the 
 assets or any part thereof or the trust estate or any part thereof 
 as the case may be so distributed to any person of whose claim 
 such executor, administrator or trustee shall not have had 
 notice at the time of the distribution of the said assets or trust 
 estate or part thereof as the case may be but nothing in this rule 
 shall prejudice the right of any creditor or claimant to follow 
 the assets or trust estate or any part thereof into the hands of 
 the person or persons who have received the same respectively. 
 C.O.Y.T. c. 17, R. 602. 
 
 599. Every creditor or other person presenting or sending Verification of 
 in a claim to any executor, administrator or trustee shall verify claims, 
 the same by a statutory declaration and shall therein state 
 whether he holds any security for his claim or any part thereof 
 and shall give full particulars of the same; and if such security 
 is on the estate of the debtor or on the estate of a third party for Security to be 
 whom such debtor is only secondarily liable he shall put a specified "^^^'ued. 
 value thereon and the executor, administrator or trustee may 
 either consent to the right of the creditor or person presenting 
 the claim to rank for the claim after deducting such valuation 
 or he may require from the person presenting the claim an 
 assignment of the security at the specified value to be paid out 
 of the trust property or estate when sufficient is realized there- 
 from and in such case the difference between the value at which 
 the security is retained by the executor, administrator or trustee 
 and the just amount of the gross claim shall be the amount for 
 which the creditor or other person shall rank in respect of the 
 estate. 
 
 2. If a creditor or other person holds a claim based upon Security 
 negotiable instruments upon which the debtor is only indirectly consisting of 
 or secondarily liable and which is not mature or exigible such Sy^^^tg 
 creditor or other person shall be considered to hold security 
 
 within the meaning of this rule and shall put a value on the 
 liability of the party primarily liable thereon as being his security 
 for the payment thereof but after the maturity of such liability 
 and its non-payment he shall be entitled to amend and revalue 
 his claim. 
 
 3. If a person presenting a claim holds security for his Omission to 
 claim or any part thereof and he fails to value such security as value 
 required by these rules a judge of the Territorial Court sitting in ^^°"" ^' 
 chambers may on summary application by the executor, admin- 
 istrator or trustee or by any other person interested in the trust 
 
 70263—34 
 
530 
 
 Chap. 48. 
 
 Judicature 
 
 property or estate, of which appHcation three days' notice shall 
 be given to such claimant, order that unless a specified value 
 shall be placed upon such security and notified in writing to the 
 executor, administrator or trustee within a time to be limited 
 by the order such claimant shall in respect of the claim or the 
 part thereof for which the security is held be wholly barred of 
 any right to share in the proceeds of such trust property or 
 estate; and if a specified value is not placed on such security 
 and notified in writing to the executor, adminstrator or trustee 
 according to the exigency of such order the said claim or the 
 said part as the case may be shall be wholly barred as against 
 such trust property or estate. C.O.Y.T. c. 17, R. 603. 
 
 Administra- 
 tors to file 
 accounts. 
 
 600. Every administrator to whom letters of administration 
 have been issued shall within two years after the grant of letters 
 of administration or such further time as the Court or judge 
 allows file in the ofiice of the clerk of the Territorial Court a 
 statement and an account verified by his oath showing his 
 . administration of the estate and apply to a judge to have his 
 pass accounts" accounts passed and allowed whereupon a summons may be 
 issued calling upon the creditors, next of kin and all persons 
 interested in the estate to attend the passing of the accounts. 
 Any moneys remaining in the hands of the administrator after 
 payment of legal charges thereon and such remuneration for his 
 service as administrator as the judge allows shall be paid into 
 court. On the final winding up of the estate the judge may 
 order the administration bond to be cancelled and the admin- 
 istrator and the sureties discharged. 
 
 2. Any money paid into court under the provisions of this 
 rule shall after deducting such charges and fees for s'ervices 
 rendered in connection therewith as the judge allows be trans- 
 ferred over to the general revenue fund of the Territory. CO. 
 Y.T. c. 17, R. 604. 
 
 Cancellation 
 of bond. 
 
 Undisposed 
 of moneys. 
 
 Proceedings 
 by public 
 administrator. 
 
 601. The Public Administrator may obtain an originating 
 summons as plaintiff under rule 506 of these rules as if he were 
 a creditor or one of the next of kin of the deceased upon obtaining 
 special leave of a judge to do so, which leave shall be granted by 
 the judge ex parte upon his being satis6ed by affidavit or other- 
 wise thnt it is expedient to grant it. C.O.Y.T. c. 17, R. 605. 
 
 Action in 602. Whenever an action is brought or is pending in respect 
 
 int'rest°d °* °^ ^^^ property or estate in which one or more infants is or are 
 Public interested the writ and statement of claim shall be served on the 
 
 !'f™'°™foi°'^ Public Administrator together with a statement giving the full 
 name, age and address of such infant or infants, his or their 
 father, mother or guardian; and the Public Administrator shall 
 be the guardian ad litem and shall enter an appearance for such 
 infant or infants and shall for all purposes represent the infant 
 or infants in such action. 
 
 2. It shall be the duty of the Public Administrator to make 
 all necessary or proper inquiries, to take all necessary or proper 
 proceedings and to protect and actively attend to the interests 
 of the infant. 
 
 to be served 
 and be 
 guardian ad 
 litem. 
 
 Duties. 
 
Judicature. Chap. 48. 531 
 
 3 The costs of the guardian ad litem shall be taxed as Costa. 
 between party and party and shall, subject to the discretion 
 of the judge, generally be paid out of the estate. C.O.Y.T. 
 c. 17, R. 606. 
 
 603. In any case in which it appears desirable the Court or Public 
 judge may appoint the Public Administrator guardian of the administrator 
 estate of any infant or of the estate of any lunatic. C.O.Y.T. ^trfian 
 
 c. 17, R. 607. 
 
 604. The Public Administrator and all executors and ad- Remuneration 
 mini'strators shall be entitled to such remuneration for their "^PH^lic ad- 
 services (in addition to the costs of the grant of the probate or '"™^*^^*°''- 
 administration) as the judge allows, to be charged against 
 
 and deduced from the estate passing through their hands or 
 to be paid by the successor of the Public Administrator out of 
 the assets of the deceased; and such remuneration shall be a 
 first charge on the estate after payment of the costs of probate 
 or administration, funeral and testamentary expenses. C.O.Y. 
 T. c. 17, R. 608. 
 
 PART III. 
 
 Small Debt Procedure. 
 
 ORDER XL VI. 
 
 605. In all claims and demands for debt, account, breach procedure in 
 of contract or covenant or money demand, whether payable in "ase of debt, 
 money or otherwise, where the amount or balance claimed j*ooor'^ 
 does not exceed $100, and in all personal actions where the less. 
 amount claimed does not exceed $100 and in al' actions of 
 replevin where the value of the goods or other property or effects 
 distrained, taken or detained, does not exceed the sum of $100, 
 
 and in all claims and demands for debt where the amount 
 claimed does not exceed $200 and the claim is liquidated by the When debt 
 signature of the defendant, the procedure shall, unless otherwise g°g®e^e5°* 
 ordered or allowed by a judge be as in this part provided. But $200. 
 in all cases where the claim exceeds $100 and in the opinion where 
 of the trial judge difficult or important questions of law or fact claim 
 are involved which in his judgment are proper for trial under ^""^^ ^ 
 the general jurisdiction, he may order the case to be transferred 
 to the Court to be tried under its general jurisdiction and there- 
 after the action shall be continued in all respects with respect to 
 practice and procedure as if the action had been originally com- 
 menced under the general jurisdiction. C.C.Y.T. c. 17, R. 609. 
 No. 3 of 1908, s. 2. 
 
 606. A minor may sue under this part for wages not exceed- Minor may 
 ing $100 in the same manner as if he were of full age. No. 3 of ^"®- 
 1908, s. 2. 
 
 70263— 34i 
 
532 
 
 Chap. 48. 
 
 Judicature. 
 
 Cause of 
 action 
 cannot be 
 divided. 
 
 No 
 jurisdiction in 
 
 Actions for 
 recovery of 
 land, etc. 
 
 For libel, 
 slander, etc. 
 
 In disputes 
 relative to a 
 devise, 
 bequest, etc. 
 
 Against 
 Justice of 
 the Peace. 
 
 Entry of 
 action . 
 
 Particulars 
 of claim . 
 
 GOT. A cause of action shall not be divided into two or more 
 actions for the purpose of bringing the same within the juris- 
 diction of this part. No. 3 of 1908, s. 2. 
 
 608. Jurisdiction is not given under this part and no action 
 can be maintained under this part in any of the following cases : 
 
 1. Actions for recovery of land or actions in which the right 
 or title to any corporeal or incorporeal hereditaments is bona fide 
 in question, or any toll or franchise comes in question. 
 
 2. Actions for malicious prosecution, libel, slander, criminal 
 conversation, seduction or breach of promise of marriage. 
 
 3. Actions in which the validity of any devise, bequest, or 
 limitation under any will or settlement is disputed. 
 
 4. Actions against any justice of the peace for anything 
 done by him in the execution of his office. No. 3 of 1908, s. 2. 
 
 609. Every plaintiff when he enters an action with the 
 clerk shall do so by leaving with him (by post or otherwise) 
 a simple statement in writing (with a copy to file and one for 
 each copy of writ desired) of the cause of action in the case of an 
 account the particulars may be in the usual form of items of an 
 account or otherwise; in the case of a bill, note or order a copy 
 thereof shall be furnished and in the case of a claim under any 
 other written instrument a copy shall be furnished or a concise 
 statement of the purport or effect of the same shall be given to 
 the extent of exhibiting the grounds of action so that in each case 
 it may be known or understood by a person of ordinary intelli- 
 gence what the action is brought for and the clerk shall attach 
 such statement to the summons and shall attach to each copy of 
 the summons a copy of such statement and such summons shall 
 contain or have endorsed thereon a notice of the date and place 
 fixed for the next two sittings of the Court for the trial of Small 
 Debts Cases. C.O.Y.T. c. 17, R. 610. No. 8 of 1907, s. 3. 
 
 Address of 
 parties. 
 
 610. The plaintiff shall also at the time he so delivers his 
 statement to the clerk inform him of his post office address 
 and of the full name of the defendant where practicable and 
 also of his place of residence and post office address with as much 
 certainty and particularity as possible. C.O.Y.T. c. 17, R. 611. 
 
 Issue of 
 summons. 
 
 611. Upon receipt of such claim and upon payment of the 
 proper fees therefor the clerk shall enter such claim in the pro- 
 cedure book to be kept by him for that purpose and shall issue 
 a summons corresponding in substance with form H in the 
 schedule hereto where the cause of action is within rule 616 hereof 
 and with the form J in the schedule hereto where the cause 
 of action is not within the said rule and shall make out as many 
 copies of the said summons as there are defendants. C.O.Y.T. 
 c. 17, R. 612. 
 
 Delivery of 
 summons. 
 
 613. Upon the issue of the said summons the clerk shall 
 deliver or transmit the same and the copies thereof with the 
 copies of claim attached thereto to the plaintiff or as he directs 
 
Judicature. Chap. 48. 533 
 
 and shall attach to the original summons as many copies of the 
 affidavit of service in form K in the schedule hereto as there 
 are defendants in the said suit. C.O.Y.T. c. 17, R. 613. 
 
 613. The summons shall be returnable — Time for 
 
 1. Where the defendant resides within a distance of ten If^^oL 
 miles from the court house at Dawson at the expiration of eight 
 
 days from the service thereof; 
 
 2. Where the defendant resides outside the aforesaid distance 
 of ten miles from the court house at Dawson, one additional 
 day shall be allowed for appearing to the writ of summons for 
 each and every additional ten miles; 
 
 3. Where the defendant resides in any place in Canada 
 outside the Territory or in the United States of America, at the 
 expiration of thirty days from the service thereof; 
 
 4. Where the defendant resides in any part of the United 
 Kingdom, at the expiration of thirty days from the service 
 thereof; 
 
 5. In any of the above cases it shall not be necessary to 
 obtain an order for service out of the jurisdiction. C.O.Y.T. 
 c. 17, R. 614. 
 
 614. After the service of the said summons upon the defen- Return to 
 dant the plaintiff shall forthwith cause it to be returned to the se^^ce'*^'^ 
 clerk accompanied by an affidavit of service thereof in the said 
 
 form K. C.O.Y.T. c. 17, R. 615. 
 
 615. After the receipt of such summons with the affidavit Clerk to 
 of service thereof the clerk shall, after the expiration of the ""aJ^^jg jf 
 time limited therein for appearance thereto, notify the plaintiff dispute 
 or his solicitor whether the defendant has or has not entered ™*<"^6<^- 
 
 a dispute to the same. C.O.Y.T. c. 17, R. 616. 
 
 616. In actions where the claim or demand is a mere account Entry of 
 or is ascertained by some instrument signed by the defendant Judgment 
 as a merchant's account, the price of goods sold and delivered, of^at^pute! 
 a claim for work and services, money paid, money lent, rent, 
 
 a promissory note, a bill, order, bond, covenant for the payment 
 of money or other memorandum showing liability for the pay- 
 ment of a sum certain or which may be ascertained by computa- 
 tion and the defendant does not appear according to the writ 
 of summons the clerk may upon the said summons being returned 
 to him with an affidavit of the due service thereof, after the time 
 for appearance has expired, sign judgment for the amount of the 
 claim and costs against the defendant by entering in his proce- 
 dure book the words "judgment against the defendant by 
 default," stating the date of such entry and such entry shall 
 be the judgment of the court in the cause and execution may Execution, 
 issue and other lawful proceedings be taken thereon : 
 
 Provided always that it shall be competent for any judge on Setting aside 
 application by the person feeling- himself aggrieved by any judgment, 
 such judgment to set aside the said judgment and to let the 
 
534 
 
 Chap. 48. 
 
 Judicature. 
 
 Notice of 
 dispute. 
 
 defendant in to defend the said action, or to stay proceedings 
 on such terms as to costs and otherwise as to him seem just. 
 C.O.Y.T. c. 17, R. 617. 
 
 617. If the defendant desires to defend any action or suit 
 he must cause a written dispute note in form L in the schedule 
 hereto to be delivered by post or otherwise to the clerk before 
 the entry of judgment in which shall be stated briefly the nature 
 or grounds of his defence and where a claim is disputed in part 
 only he shall state what part thereof or the items he disputes. 
 
 2. The defendant shall in his notice of dispute give his post 
 office address. C.O.Y.T. c. 17, R. 618. 
 
 Set-off or 
 counterclaim. 
 
 618. A defendant in any action may set off or set up by 
 way of counterclaim against the claim of the plaintiff any 
 right or claim whether such set-off or counterclaim sound in 
 damages or not; such set-off or counterclaim shall have the same 
 effect as if such relief were sought in a cross-action so as to enable 
 the court to pronounce a final judgment in the same action 
 both on the original and on the cross-claim. C.O.Y.T. c. 17, 
 R. 619. 
 
 Judge to 
 fix dates of 
 trials. 
 
 Date of trial 
 when dispute 
 is filed. 
 
 619. The Judge of the Territorial Court shall, as soon 
 as possible after Long Vacation in each year, fix the days and 
 times for the trial of actions under Order 46 and for the disposing 
 of summonses under "The Collection Ordinance"; but in the 
 absence of such fixing of dates the days and times previously 
 fixed shall cohtinue to be the days and times for such hearings. 
 No. 8 of 1907, s. 4. 
 
 630. If a dispute is filed the trial of the case shall be held 
 at the next sittings of the Court, held six days after the time 
 limited for the entering of such dispute, and the defendant shall 
 receive no further or other warning of such trial, or of the time 
 and place thereof. No. 8 of 1907, s. 4. 
 
 Suit 631. Unless the judge otherwise orders, in case any action 
 
 brou"1itunder falling within the class provided for in this order is brought 
 general Under the general procedure and the plaintiff succeeds or in case 
 
 procedure or j^ an action of debt brought under the general procedure to 
 recover over $100 the plaintiff recovers less than that sum he 
 shall recover only such costs as he would have recovered had 
 the action been brought under the provisions of this order and 
 the defendant in any such action shall be entitled to tax his 
 cftsts of suit between solicitor and client and so much thereof 
 as exceeds the taxable costs of defence which would have been 
 incurred had the proceedings been had under this Order shall 
 Qn entering judgment be set off and allowed by the clerk against 
 the plaintiff's costs to be taxed or against the costs to be taxed 
 and the amount of the judgment if it be necessary and if the 
 amount of the costs so set off exceeds the amount of the plaintiff's 
 judgment and taxed costs the defendant shall be entitled to 
 judgment for the excess against the plaintiff. C.O.Y.T. c. 17, 
 R. 623. 
 
 recovery of 
 less than $100 
 
 Costs. 
 
Judicature. Chap. 48. 535 
 
 623. In every case where an action is defended and a Solicitor's 
 solicitor is employed by the successful party the clerk in addition '^«^- 
 to all other costs shall unless otherwise ordered by the judge tax 
 to the successful party a solicitor's fee equal to ten per cent of 
 the amount of the judgment recovered if such fee is taxable 
 to the plaintiff or equal to ten per cent of the amount claimed 
 by the plaintiff in the action if such fee is taxable to the defendant: 
 
 Provided that in no case shall the fee so taxable be less than 
 $1 and except as herein provided no other counsel or solicitor's 
 fee shall be taxable or payable as between party and party. 
 C.O.Y.T. c. 17, R. 624. 
 
 633. There shall be paid to the clerk or deputy clerk and Clerk's and 
 sheriff or deputy sheriff respectively for their services in actions sheriff's fees, 
 or suits within the provisions of this order the fees prescribed 
 
 by the tariff of clerk's and sheriff's fees in the Small Debt 
 Tariff contained in the schedule hereto. C.O.Y.T. c. 17, 
 R. 625. 
 
 634. Witnesses and interpreters in actions and suits within Witness and 
 the provisions of this Order shall be entitled to the fees and {"gg"^'^^*^'" 
 remuneration set forth in The Small Debt Tariff contained in the 
 schedule hereto and such fees shall be taxable to or against the 
 successful party as the case may be to the same extent as they 
 
 are taxable in other cases under these rules: 
 
 Provided that the judge may in any case direct the taxation Costof 
 to either party of the reasonable costs and expenses of obtaining cImSssion 
 evidence by commission or otherwise.- C.O.Y.T. c. 17, R. 626. etc. 
 
 635. Except as to the matters specially provided for in Adoption of 
 this Order the procedure or practice under the preceding Orders procedure 
 and rules where not inconsistent herewith shall be adopted and 
 applied in actions brought under this Order. C.O.Y.T. c. 17, 
 
 R. 627. 
 
 636. It shall not be necessary upon the commencement of Praecipe and 
 any proceeding or the issue of any process in actions coming unneclsSry* 
 under the provisions of this Order for any party to file a praecipe 
 
 nor shall it be necessary to indorse upon any such process the 
 name of the person by whom or on whose behalf the same was 
 issued. C.O.Y.T. c. 17, R. 628. 
 
 637.' No proceedings under this Order shall be deemed Informalities, 
 invalid for informality provided the same are a substantial 
 compliance with the requirements of this Order as to such 
 proceeding. C.O.Y.T. c. 17, R. 629. 
 
536 Chap. 48. Judicature. 
 
 SCHEDULE. 
 
 FORM A. 
 
 {Rule 1.) 
 
 Writ of Summons. 
 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 Plaintiff, 
 
 and 
 
 Defendant. 
 
 GEORGE V: {or name of the reigning Sovereign as the case 
 may be) by the Grace of GOD of the United Kingdom 
 of Great Britain and Ireland and of the British Dominions 
 beyond the seas, KING {or as the case may be), Defender 
 of the Faith, etc., etc., etc.. 
 
 To the above named defendant: 
 
 You are notified that the plaintiff has entered an action 
 against you in the above named court for the recovery of the 
 claim or demand, a statement of which is filed in court and 
 annexed to this summons; and you are commanded that if you 
 dispute the said claim either in whole or in part you do within 
 the time allowed by subsections (2) and (3) of rule 3, a copy 
 of which appears at the foot hereof, cause to be entered for you 
 in the office of the clerk of this court an appearance and within 
 six days thereafter file with the clerk a statement of the grounds 
 on which such dispute is based. 
 
 And take notice that in default of your so doing the plaintiff 
 may proceed in his said action and judgment may, be given in 
 your absence and without further notice to you. 
 
 Issued at the 
 
 day of A.D. 19 
 
 I.J., 
 (L.S.) Clerk of the Court. 
 
 "NOTE— 
 
 "Rule 3. (2.) If the writ of summons is served within a 
 distance of ten miles from the clerk's office whence it 
 issued, the time for appearance shall be eight days from 
 such service, and if it is served at a distance of more than 
 ten miles from such office an additional day for every 
 additional ten miles shall be added to such time for 
 appearance. " 
 
 "Rule 3. (3) A judge may by order shorten the time for 
 appearance. " 
 
Judicature. Chap. 48. 637 
 
 Memobanda to be Indorsed on Whit. 
 N.B. — This writ is to be served within twelve months from 
 the date thereof; or if renewed, within six months from the day 
 of the last renewal including the day of such date and not after- 
 wards. 
 
 This writ was issued by the plaintiff who resides at 
 and (if residence over three miles from the clerk's office) whose 
 "address for service" is at 
 
 Or, This writ was issued by of 
 
 solicitor for the plaintiff whose "address for service" (if the 
 solicitor's office is over three miles from the clerk's office) is at 
 
 AA 
 
 (Rule 20.) 
 
 WRIT OF SUMMONS 
 
 IN THE TERRITORIAL COURT OF THE YUKON 
 
 TERRITORY. 
 
 Between 
 
 Plaintiff, 
 And, 
 
 Defendant, 
 
 George V, (or name of the reigning Sovereign as the case may be) 
 by the Grace of GOD of the United Kingdom of Great Britain 
 and Ireland and of the British Dominions beyond the seas, 
 KING, Defender of the Faith, etc., etc., etc. 
 
 To the above named defendant: 
 
 You are notified that the plaintiff has entered an action Notice to 
 against you in the above named court for the recovery of the defendant, 
 claim or demand, a statement of which is filed in court and 
 annexed to this summons; and you are commanded that if you 
 dispute the said claim either in whole or in part you do within 
 
 days from the service of this 
 writ on you, exclusive of the day of such service, cause to be 
 entered for you in the office of the clerk of this court an appear- 
 ance and within six days thereafter file with the clerk a statement 
 of the grounds on which such dispute is based. 
 
 And take notice that in default of your so doing the plaintiff 
 may proceed in his said action and judgment may be given in 
 your absence and without further notice to you. 
 
 Issued at the day 
 
 of A.D. 190 . 
 
 I.J. 
 Clerk of the Court. 
 (L.S.) 
 
 Memorandum TO BE INDORSED ON WRIT. 
 
 N.B. — This writ is to be served within twelve months from the 
 date thereof; or if renewed within six months from the day 'of 
 the last renewal including the day of such date and not after- 
 wards. 
 
538 Chap. 48. Judicature. Chap. 48. 
 
 FORM B. 
 
 {Rule 366.) 
 Writ of Exectttion. 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 Plaintiff, 
 
 and 
 
 Defendant. 
 
 George V. {or the name of the reigning Sovereign as the case may be) 
 by the Grace of GOD of the United Kingdom of Great Britain 
 and Ireland and of the British Dominions beyond the Seas, 
 KING, {or as the case may be) Defender of the Faith, etc., etc., 
 etc. 
 
 To the Sheriff of the Yukon Territory: 
 
 You are commanded that of the goods and chattels {or lands 
 as the case may be) of you cause to be 
 
 made dollars and cents which 
 
 lately by the judgment {or order 
 as the case may be) of the said court recovered against him and 
 that you have the said money and in what manner you shall 
 have executed this writ make appear to the said court at 
 immediately after the execution hereof 
 before the said court at together 
 
 with this writ. 
 
 Issued at this day 
 
 of A.D. 19 
 
 I.J., 
 Clerk of the Court. 
 (L.S.) 
 
 FORM C. 
 
 {Rule 396.) 
 Garnishee Summons. 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 Plaintiff, 
 and 
 
 Defendant, 
 and 
 
 Garnishee. 
 To the above named Garnishee, 
 
 You are hereby notified that a suit has been entered in this 
 court in which the plaintiff claims of fee defendant the sum 
 of as shown 
 
Judicature. Chap. 48. 539 
 
 by his statement of claim filed in court {or You are hereby notified 
 that the plaintiff has recovered a judgment in this court against 
 the defendant for 
 
 ) and it is alleged on affidavit filed that you 
 are indebted to the said defendant. 
 
 And you are required within ten days from the service hereof 
 to appear at the clerk's office and state in writing whether or not 
 there is any debt due or accruing due from you to the defendant 
 {or judgment debtor) and, if so, what debt and why you should 
 not pay the same into court to the extent of the plaintiff's 
 claim and $ costs. 
 
 Issued at this day 
 
 of A.D. 19 
 
 (L.S.) Clerk of the Court. 
 
 {To be indorsed same as a Writ of Summons.) 
 
 FORM D. 
 
 {Rule 439.) 
 
 Whit of Attachment. 
 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 Plaintiff, 
 and 
 
 Defendant 
 
 GEORGE V, {or the name of the reigning Sovereign as the 
 case may be) by the Grace of GOD of the United Kingdom 
 of Great Britain and Ireland and of the British Dominions 
 beyond the Seas, KING {or as the case may be), Defender 
 of the Faith, etc., etc., etc. 
 
 To the Sheriff of the Yukon Territory: 
 
 You are commanded to attach, seize and safely keep all 
 the personal estate, credits and effects together with all evidences 
 of title, debts, books and book accounts or other documents, 
 vouchers or papers belonging thereto or otherwise of the above- 
 named defendant to secure and satisfy the plaintiff the sum of 
 with his costs of action and to satisfy the 
 debt and demand of such other creditors of the said defendant 
 as shall prosecute their claims to judgment and lodge executions 
 with you the said sheriff within the time allowed by The Creditor's 
 Relief Ordinance to entitle them to share in the distribution 
 of the proceeds. 
 
 And we command you the said sheriff that so soon as you 
 have executed this writ you do return the same with an affidavit 
 of service and a certificate of your action thereunder. 
 Issued at this day of A.D. 19 
 
 I.J.. 
 (L.S.) Clerk of the Court. 
 
540 Chap. 48. Judicature. 
 
 FORM E. 
 
 (Rule U8.) 
 
 Writ of Replevin. 
 
 In the Territorial Court of the Yukon Territory, 
 
 Between 
 
 Plaintiff, 
 
 and 
 
 Defendant. 
 
 George V. {or the name of the reigning Sovereign as the case may be) 
 by the Grace of GOD of the United Kingdom of Great Bri- 
 tain and Ireland and of the British Dominions beyond the 
 Seas, KING {or as the case may be), Defender of the Faith, 
 etc., etc., etc. 
 
 To the Sheriff of the Yukon Territory : 
 
 You are hereby commanded without delay to cause to be 
 replevied to the plaintiff his goods, chattels and personal pro- 
 perty following that is to say: 
 
 which the said alleges to be of the 
 
 value of dollars and which the defendant 
 
 has taken and unjustly detained {or unjustly detains as the 
 case may be) as it is alleged, in order that the plaintiff may 
 have his just remedy in that behalf. 
 
 Issued at this day 
 
 of A.D. 19 
 
 G.H., 
 Clerk of the Court. 
 
 (L.S.) 
 
 FORM F. 
 
 {Rule 450.) 
 
 Bond foe Replevin. 
 
 Know all men by these presents that we, A.B., of 
 E.F., of and 
 
 G. H., of 
 
 are jointly and severally held and firmly bound to the 
 
 sheriff of the Yukon Territory in the sum of 
 dollars of lawful money to be paid to the said sheriff, his successor 
 in office or either of their assigns for which payment well and 
 truly to be made we bind ourselves and each and every of us in 
 the whole, our and every of our heirs, executors and adminis- 
 
Judicature. Chap. 48. 541 
 
 trators firmly by these presents. Sealed with our seals, dated 
 this day of one thousand nine 
 
 hundred 
 
 Whereas the said A.B. has obtained a writ of replevin against 
 CD. to obtain possession of certain chattels (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 
 chattels {or goods) and the Court adjudges that the said chattels 
 (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. 
 
 1 A.B., [L.S.] 
 
 Signed sealed and delivered in the } E.F., [l.s.j 
 
 presence of J G.H., [l.s.] 
 
 {When the plaintiff himself does not join in the bond the form 
 must he altered to conform to the facts.) 
 
 FORM G. 
 {Rule 496.) 
 Originating 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 
 
 day of on the hearing of an application on the part 
 
 of that {here set out the object of the application.) 
 
 If you do not attend either in person or by your solicitor 
 at the time and place above-mentioned such order will be 
 made in vour absence as seems just and expedient. 
 
 K.L., 
 
 {Seal of Court.) J.S.C. 
 
 This summons was taken out by 
 solicitor for the applicant. 
 
542 Chap. 48. Judicature. 
 
 Tariff of Witnesses', Jurors' and Interpreters' Fees. 
 
 {Rule 637.) 
 
 Witnesses and jurors may be allowed the following fees: 
 
 For every day necessarily absent from residence, in going to, 
 staying at and returning from trial or other proceeding 
 
 When residence is within two miles of place of 
 
 trial $ 4 00 
 
 When over two miles 5 00 
 
 For every mile necessarily travelled by other means than 
 
 railway 25 
 
 When railway used, actual fare paid. 
 
 Professional men, when acting professionally in addition 
 
 to mileage as other witnesses, per day 25 00 
 
 INTERPRETERS. 
 
 Interpreters may when used be allowed the same mileage 
 as witnesses and for each day actually engaged as 
 interpreters 5 00 
 
 FORM H. 
 
 {Rule 611.) 
 
 Small Debt Summons A. 
 In the Territorial Court of the Yukon Territory 
 
 Between 
 
 of Plaintiff, 
 
 and 
 of Defendant. 
 
 To the above named defendant: 
 
 You are notified that the plaintiff has entered an action 
 against you in the above named Court for the recovery of the 
 claim or demand, a statement of which is filed in Court and 
 attached or indorsed hereon. You are notified that this 
 summons is returnable on the day after 
 
 the day of the service thereof upon you. If you dispute 
 the claim or any part thereof you are to leave with the clerk 
 of this Court at in said Territory, 
 
 within days after the said service upon 
 
 you, the dispute note hereto attached or one to the like 
 effect. Otherwise after such return day has passed the 
 clerk may sign judgment against you by default for the 
 plaintiff's claim and costs, but in case you give or send by mail 
 or otherwise said dispute note to the said clerk, together 
 with the sum of twenty-five cents for his fees, and he receives 
 the same within said time, the cause will be tried at the next 
 
Judicature. Chap. 48. 543 
 
 sittings of this Court to be held six days after the time limited 
 for the entering of such dispute note, and you shall receive 
 no further or other warning of such trial or of the time and 
 place thereof. 
 
 1st next sittings of Small Debt Court will be held at 
 the day of 19 , at o'clock a.m. 
 
 2nd next sittings of Small Debt Court will be held at 
 the day of , 19 , at o'clock a.m. 
 
 Dated at Dawson thi? day of , 19 , 
 
 By the Court, 
 (L.S.) Clerk. 
 
 FORM J 
 {Rule 611.) 
 Small Debt Procedure. 
 In the Territorial Court of the Yukon Territory 
 
 Between 
 
 of Plaintiff, 
 
 and 
 
 of Defendant. 
 
 To the above named defendant: 
 
 You are notified that the plaintiff has entered an action 
 against you in the above named Court for the recovery of the 
 claim or demand, a statement of which is filed in Court and 
 attached or indorsed hereon. 
 
 If you dispute the same or any part thereof, you are to leave 
 with the clerk of this Court at in said 
 
 Territory within days after the said service upon 
 
 you the dispute note hereto attached or one to the like effect. 
 
 In case you give or send by mail or otherwise the said dispute 
 note to the said clerk, together with the sum of twenty-five cents 
 for his fees and he receives the same within the said time, the 
 cause will be tried at the next sittings of this Court, to be held six 
 days after the time limited for the entering of such dispute 
 note, and you shall receive no further or other warning of such 
 trial or of the time and place thereof. 
 
 If no such dispute note is filed the plaintiff may proceed 
 in his said action and judgment may be given in your absence. 
 
 1st next sittings of Small Debt Court will be held at 
 the day of , 19 , at o'clock a.m. 
 
 2nd next sittings of Small Debt Court will be held at 
 the day of , 19 , at o'clock a.m. 
 
 Dated at Dawson this day of , 19 . 
 
 (L.S.) Clerk. 
 
544 Chap. 48. Judicature. 
 
 FORM K. 
 
 {Rule 612.) 
 Small Debt — -Affidavit of Service. 
 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 A. B., 
 Plaintiff, 
 and 
 
 C. D., 
 
 Defendant. 
 I, of ' {occupation) 
 
 make oath and say: 
 
 1. That I did on the day 
 of 19 , personally serve C. D., the above 
 named defendant with a true copy of the summons herein and 
 hereunto annexed by delivering the said copy to and leaving 
 the same with the said defendant at 
 
 2. That at the time of such service there was attached to 
 the said copy of summons so served a true copy of the particulars 
 of claim attached to or indorsed upon the said annexed summons. 
 
 3. That at the time of such service there was also attached 
 to the said copy of summons a blank form entitled in this cause 
 of which the form marked "L" is a true copy. 
 
 4. That to effect such service I necessarily travelled 
 
 miles. {Jurat.) 
 
 FORM L. 
 
 {Rule 617.) 
 
 Small Debt — Dispute Note. 
 
 In the Territorial Court of the Yukon Territory. 
 
 Between 
 
 A. B., 
 Plaintiff, 
 and 
 
 C. D., 
 
 Defendant. 
 Take notice that I dispute the plaintiff's claim on the following 
 grounds: — 
 
 {Here state briefly the grounds of defence in such manner that the 
 -particular nature of the defence may readily he ascertained.) 
 
 My post office address is: 
 
 C. D., 
 N.B. — This note must be sent by mail or otherwise to the 
 
 clerk of the Territorial Court at Dawson, Y. T. 
 
 within days from service. 
 
Judicature. Chap. 48. 545 
 
 FORM M. 
 
 {Rule 173.) 
 
 NOTICE OF TRIAL. 
 
 IN THE TERRITORIAL COURT OF THE YUKON 
 
 TERRITORY. 
 
 Between: 
 
 -And— 
 
 Plaintiff; 
 
 Defendant. 
 
 Take notice of trial of this 
 in for the 
 
 day of next. 
 
 Dated 
 
 Plaintiff's Solicitor. 
 To the Defendant's Solicitor. 
 
 Small Debt Tariff. 
 
 {Rules 623 and 624.) 
 
 clerk's fees. 
 
 The following fees and no others shall be paid to clerks of the 
 court for the several services under the Small Debt procedure 
 herein provided for: 
 
 cts. 
 Receiving claim, entering in procedure book and issuing 
 
 summons 75 
 
 Garnishee summons or writ of attachment, including 
 
 examining affidavits 50 
 
 Every original subpoena 50 
 
 Every copy of summons, garnishee or subpoena 10 
 
 Entering dispute note, or appearance by garnishee 25 
 
 On payment of money into court without dispute note 25 
 
 Every notice of trial 20 
 
 Hearing fee in contested cases 50 
 
 Every chamber summons or judge's order including 
 
 entering 25 
 
 Every commission to examine witnesses or exemplifi- 
 cation of judgment 50 
 
 Every appointment 10 
 
 Every search • 10 
 
 Entering every judgment by default including searching 
 for dispute and taxation of costs and necessary 
 
 filings 50 
 
 70263—35 
 
546 Chap. 48. Judicature. 
 
 cts. 
 Entering every judgment after trial or order for judg- 
 ment 60 
 
 Filing every exhibit at trial (no other filings to be allowied) . 10 
 
 Every reference to the clerk, per hour actually engaged ... 75 
 
 Every certificate 25 
 
 Every writ of execution 50 
 
 Every renewal thereof 25 
 
 Copies of documents, per folio 10 
 
 Necessary postages. 
 
 Sheriff's Fees. 
 
 The following fees and no others shall be allowed to sheriffs, 
 deputy sheriffs and bailiffs for services under the Small Debt 
 procedure: 
 Service of summons or other process including affidavit 
 
 of service, oath and return $ 50 
 
 Every seizure 50 
 
 Schedule of goods seized, including copy for person whose 
 
 goods seized 75 
 
 When over 500 words, per every 100 over 500 10 
 
 Every mile necessarily travelled one way to serve summons 
 or process, or in going to effect seizure under an 
 attachment or under execution where money made 
 or settlement effected after levy, provided that there 
 shall be only one allowance of mileage fees in and 
 about a seizure and the sale consequent thereon . . : . 10 
 
 Every bond including affidavits 1 00 
 
 Notice of sale 30 
 
 Each copy not exceeding five including posting up 10 
 
 Notice of postponement including copies 25 
 
 All necessary disbursements for removal and care of 
 
 property seized 
 
 For poundage on executions, five per cent, but not upon 
 any sum greater than called for by the writ under 
 which the officer acts 
 
 Witness Fees. 
 
 In cases under Small Debt procedure — 
 
 Attendance, per day $ 1 00 
 
 Mileage, each way 10 
 
 Where railway can conveniently be used witnesses shall 
 only be allowed such sum as would be sufficient to pay railway 
 fare in coming to and returning from place of trial in no case 
 to exceed mileage at above rate. 
 
 Interpreters. 
 
 In cases under Small Debt procedure — 
 
 Per day employed $ 2 00 
 
Juries. Chap. 49. 54T 
 
 CHAP. 49. 
 
 An Ordinance Respecting Juries. 
 
 1. This chapter may be cited as The Juries Ordinance. Short title. 
 No. 1, 1905, s. 1. 
 
 QUALIFICATIONS. 
 
 2. Every British subject who has resided for twelve monthe Qualifica^ 
 within the Yukon Territory shall be qualified and liable to serve *'°°^- 
 
 as juror in said Territory. No. 1, 1905, s. 2. 
 
 3. The following persons shall be exempted from serving as Exemptions 
 jurors, that is to say: — from8ervic& 
 
 ' ' .' as jurors. 
 
 EXEMPTIONS AND DISQUALIFICATIONS. 
 
 1. Members of the Privy Council or of the Senate or House 
 of Commons of Canada. 
 
 2. Members of the Yukon Council. 
 
 3. Members of the Royal North- West Mounted Police. 
 
 4. Barristers and solicitors. 
 
 5. The Superintendent of Schools, and teachers employed 
 by the Commissioner of the Territory. 
 
 6. Clergymen and Ministers of the Gospel. 
 
 7. Medical Practitioners. 
 
 8. Mail Carriers. 
 
 9. Persons actually engaged in the operating of railway 
 trains and steamboats. 
 
 10. Telegraph and Telephone operators in actual employ- 
 ment as such. 
 
 11. Persons actually in charge of a steam engine, and fire- 
 men while working on a mining claim. 
 
 12. Officers and clerks of the Dominion or Territorial Govern- 
 ment. 
 
 13. Judges, magistrates and officers of any Court of Justice 
 actually exercising the duties of their office. 
 
 14. Persons who are affected with blindness, deafness or with 
 mental or physical infirmity incompatible with the discharge 
 of the duties of jurors. 
 
 15. Persons under twenty-one and above sixty years of age. 
 
 16. Persons residing more than fifteen miles from the Court 
 House at Dawson. No. 1, 1905, s. 3. 
 
 4. No person shall be liable to serve as a juror more than Not liable 
 twice in one year except in case of his being summoned in obe- ^o^rTthaa 
 dience to a new venire facias issued under the provisions of this twice in 
 Chapter for the return of jurors when sufficient number of jurors one'year., 
 have not attended. 
 70263—351 
 
548 
 
 Chap. 49. 
 
 Juries. 
 
 No person 
 convicted 
 of criminal 
 ofEence 
 ;Bha)l serve. 
 
 2. No person shall serve as a juror who has been convicted 
 of any criminal offence for which he was s^entenced to death or 
 any term of imprisonment with hard labour for a period ex- 
 ceeding three months. No. 1, 1905, s. 4. 
 
 Xists to be 
 prepared. 
 
 In Form 
 
 "A." 
 
 Judges to 
 
 direct 
 
 preparation. 
 
 List not 
 ■open to 
 inspection. 
 
 Jury ' list for 
 Whitehorse 
 :and other 
 places. „ 
 
 PREPARATION OP LISTS. 
 
 5. The Territorial Court shall, when, and as often as it 
 is deemed necessary, cause to be prepared a list of not less than 
 two hundred persons qualified and liable to serve as jurors. 
 
 2. Such list shall be in form " A " in the schedule to this Ordin- 
 ance, and shall contain in alphabetical order the surnames of 
 each person qualified and liable to serve as a juror, with his 
 Christian name or one or more of the initials thereof, and shall 
 state his place of residence, his occupation or addition and any 
 appellation by which he is known for the purpose of distinction. 
 
 3. The list shall be prepared in accordance with such direc- 
 tion as the judges or a majority of them may give and shall be 
 subject to such amendment by adding or striking off names as the 
 judges or a majority of them may decide. 
 
 4. The said list as so signed shall be kept in the office of the 
 clerk and shall not be open to inspection. 
 
 5. The Court may, at any time, and from time to time order 
 the names of any persons to be struck off or the names of any 
 persons to be added to said list. 
 
 6. The Court may, at any time and from time to time, order 
 a similar list to be prepared for Whitehorse or for any other place 
 in the Yukon Territory and in such case all the provisions of said 
 Chapter shall apply as if the name Whitehorse or the name of 
 such other place and the deputy clerk and deputy sheriff at 
 Whitehorse or at such other place, were substituted for the name 
 Dawson and for Clerk and Sheriff in said Chapter: provided that 
 the list shall be prepared with such direction as a judge or the 
 Court may give and shall be subject to such amendment by 
 adding or striking off names as the judge or the Court may de- 
 cide: provided also that the said list may contain the names of 
 less than two hundred persons qualified and liable to serve as 
 jurors as the Court or judge may direct. No. 1, 1905, s. 5 
 No. 4, 1906, s. 1. 
 
 Method of 
 drawing 
 Jury. 
 Tickets to 
 be placed in 
 box. 
 
 Tickets to 
 be folded. 
 
 Number to 
 be written 
 on ticket. 
 
 DRAWING JURORS. 
 
 6. When a jury is required, the clerk of the court shall 
 prepare a jury box and tickets for use in drawing jurors. 
 
 2. The tickets, on which shall \)e written, as in the jury list, 
 the names with the residences and occupations or additions 
 of all persons on the jury list, each ticket having one name 
 thereon shall be placed in the jury box. 
 
 3. Every ticket shall be so folded as to conceal the name 
 written thereon. 
 
 4. The clerk, instead of writing the name, residence and 
 occupation or addition of each person on the ticket, may write 
 thereon a number corresponding to a distinguishing number to be 
 placed opposite the name of the person in the jury list. 
 
Juries. Chap. 49. 54ft^ 
 
 5. The names of the jurors may be drawn in open Court or by Names to 
 the order of the Court they may be drawn in the presence of iifopen"" 
 such persons as the Court directs. Court or 
 
 6. The tickets shall be placed promiscuously in the jury "t'^^^'^'se. 
 box. To be 
 
 placed 
 promiscu- 
 
 7. When the panel of jurors is drawn for service the ^ox^'" 
 clerk shall enter on the jury list opposite the name of each cierkto 
 person so drawn, the date of drawing. enter date. 
 
 2. If any person who is liable to serve as a juror has been Entry to be 
 drawn, but for any cause has not been summoned to attend, cancelled in] 
 or has not attended, the entry of drawing in the jury list shall c«rtain 
 be cancelled. No. 1, 1905, s. 7. '"^'^■ 
 
 PANEL. OF JURORS. 
 
 8. The panel of jurors to be drawn for the trial of jury Composition 
 causes shall be composed of such number as the court or judge °f P*"^*- 
 directs and shall consist of the persons qualified and liable 
 
 to serve whose names correspond to such number of tickets 
 first drawn. No. 1, 1905, s. 8. ' 
 
 9. At the close of the drawing the clerk shall make a list cierkto 
 containing the names, residences and occupations or additions "** ® ^^' 
 of the persons drawn and such list shall be signed by the judge 
 presiding in court at the time of drawing or the person so ordered 
 
 by the Court to attend such drawing and shall constitute the 
 panel of jurors to serve for the then next ensuing month. No. 1 , 
 1905, s. 9. 
 
 10. The clerk, when any such panel is required, shall issue Writ 
 and deliver to the sheriff a writ of venire facias for the sum- *° ''^"^" 
 moning of the person constituting such panel to attend during 
 
 the sittings for which it is drawn. No. 1, 1905, s. 10. 
 
 SUMMONING JURORS. 
 
 11. The clerk may issue a writ of venire facias without any Summons. 
 fiat or order therefor. No. 1, 1905, s. 11. 
 
 12. The sheriff shall summon each person named in the panel Sheriff t» 
 by delivering to him a notice in writing under the hand of the "° ' ^' 
 sheriff, containing the substance of such writ of venire facias. 
 
 No. 1, 1905, s. 12. 
 
 13. The writ of ventre facias and the summons may be in the Forms.. 
 forms B and C in the schedule to this Ordinance or to the like 
 effect. No. 1, 1905, s. 13. 
 
 14. The sheriff, at least twelve hours before the time Twelve 
 appointed for their attendance, shall summon such jurors n°Ji"e. 
 provided that such twelve hours' service shall not be necessary 
 when a judge otherwise orders. No. 1, 1905, s. 14.^ 
 
^50 
 
 Chap. 49. 
 
 Juries. 
 
 Sheriff to 
 report. 
 
 To annex 
 :<affidavit. 
 
 15. The sheriff shall in his return to the writ of venire 
 facias, report his proceedings as to the summoning or attempting 
 to summon the persons whose names appear in such panel. 
 
 2. He shall annex thereto any affidavit made by any such 
 person showing that such person is exempted from serving. 
 No. 1, 1905, s. 15. 
 
 Drawing. 
 
 Six to 
 
 constitute 
 
 jnry. 
 
 ATTENDANCE AND ORGANIZATION OF JURIES. 
 
 16. The clerk shall on each day on which the jurors are 
 required to stand, call, — 
 
 (a) Upon the opening of the Court, the names of all jurors, 
 
 and 
 (6) Upon any jury cause being called for trial, the names 
 
 of the jurors required to compose the jury, and shall 
 
 make an entry of the fact if any juror does not answer 
 
 to his name. No. 1, 1905, s. 16. 
 
 17. Every jury for the trial of a civil or criminal cause shall 
 consist of six persons selected from the said panel. No. 1, 1905, 
 s. 17. 
 
 Challenging. 
 
 Karnes to 
 be written 
 on tickets. 
 
 Requisite 
 number to 
 be drawn 
 fcom box. 
 
 Jurors first 
 .drawn, 
 
 Tfames to 
 be returned 
 to box. 
 
 But not 
 before other 
 names have 
 >been drawn. 
 
 "When 
 number 
 
 insufficient. 
 Talesmen. 
 
 18. In civil causes the plaintiff or plaintiffs on one side and 
 the defendant or defendants on the other side may on each 
 side, except in the case of a special jury, peremptorily challenge 
 three jurors including talesmen. No., 1, 1905, s. 18. 
 
 19. The clerk shall write the names of the jurors on tickets, 
 each ticket having one name thereon, and having folded such 
 tickets so as to conceal the name, shall place them promiscuously 
 in a box. No. 1, 1905, s. 19. 
 
 20. When any cause to be tried with a jury is called, he 
 shall draw from such box the names of jurors to the prescribed 
 number, exclusive of the names of those who are not in atten- 
 dance, and if any of the jurors whose names are so drawn are 
 challenged and set aside, he shall draw from the names until 
 the prescribed number is obtained. 
 
 2. The jurors who are first drawn and who are in attendance 
 and are not challenged and set aside, shall be sworn or permitted 
 to affirm in the usual manner and shall be the jury to try the 
 cause. 
 
 3. The names of the jurors so drawn who were not in atten- 
 dance or who were challenged and set aside, shall then be 
 returned to the box. 
 
 4. The names of the persons so sworn shall not be returned 
 to the box to be drawn again until all the names in the box 
 have been drawn in obtaining juries for subsequent trials. 
 No. 1, 1905, s. 20. 
 
 31. When a number of jurors in attendance — 
 (a) Is insufficient, or 
 
 (h) Is so reduced by challenge or by other causes as to be 
 insufficient, to constitute a jury, a tales de circumstantibus 
 
Juries. Chap. 49. 551 
 
 may, in a civil cause, at the instance of either party, and in a •■ - 
 
 criminal cause, on application on behalf of the Crown or of the 
 defendant, be ordered and summoned, and returned imme- 
 diately for service. No. 1, 1905, s. 21. 
 
 22. The presiding judge at any trial may excuse the jurors Judge may 
 from attendance during any part of the sittings and may at jj,^jf '^^e 
 any time discharge them from further attendance. No. 1, 
 1905, s. 22. 
 
 SPECIAL JURIES. 
 
 23. The Court or a judge may, upon sufficient cause Special jury. 
 therefor being shown by affidavit, order that a special jury be 
 drawn for the trial of any civil cause. 
 
 2. When a special jury is required for the trial of a cause the 
 clerk shall, at a time of which due notice has been given to both 
 parties to the cause, draw (omitting the names of any persons 
 then serving as jurors), one hundred names of persons on the 
 jury lists. 
 
 3. A list shall be kept of the names drawn, showing the order List showing 
 of drawing. Each party or his solicitor or agent shall have the j^";^. 
 right to object to twenty-five names on such list and to no more, jj^^j^ '^ 
 The first right to object shall belong to the party who applied may object 
 for the special jury and the next to the other party and so on *° 25. 
 alternately. 
 
 4. When each party has exhausted his objections the clerk Special jury; 
 shall take from such list the names of the twenty-four first on °^ drawn, 
 said list to whom there has been no objection and such twenty- 
 four shall be the panel from which the special jury shall be 
 drawn. The names on such panel shall be delivered by the clerk 
 
 to the sheriff with a venire facias and such special jury shall be Sheriff to 
 summoned at least two days before the time appointed for its |J,^fce. 
 attendance. 
 
 5. The names of the special jurors so summoned shall be Names to 
 written on tickets, each ticket having one name thereon, and ^| ™^t^ 
 such ticket shall be folded so as to conceal the name, and shall be tickets. 
 placed promiscuously in a box. 
 
 6. The clerk when the cause is called, shall draw from the Jurors first 
 box the names of jurors to the prescribed number, and the t^™^^ 
 jurors whose names are first drawn and who are in attendance, Fees. 
 shall be the jury for the trial of the cause. No. 1, 1905, s. 23. 
 
 No. 4, 1906, s. 2. 
 
 FEES AND PAYMENT OF JURORS. 
 
 24. The fees for travel and attendance of jurors in civil and Fees. 
 criminal causes, shall be as follows: — 
 For each mile necessarily travelled, going and coming from 
 
 residence to Court House — ^per mile $ 25 
 
 For every day's attendance 5 . 00 
 
 No. 1, 1905, s. 24. 
 
552 
 
 Chap. 49. 
 
 Juries. 
 
 Deposit 
 lequired 
 for jury. 
 
 Depoeit for 
 8pecial iury. 
 
 How enms 
 applied. 
 
 25. The party requiring an ordinary jury in a civil cause 
 shall, before the panel for such jury is drawn, deposit with the 
 clerk of the Court the sum of one hundred dollars and shall before 
 the commencement of the trial of such cause on each day subse- 
 quent to the first day, deposit with such clerk the further sum 
 of thirty dollars. No. 1, 1905, s. 25. 
 
 26. No special jury shall be ordered unless the party who has 
 applied therefor has first deposited with the clerk of the court 
 the sum of two hundred dollars, such party shall before the com- 
 mencement of the trial of such cause on each day subsequent to 
 the first day, deposit with the said clerk the further sum of 
 thirty dollars. No. 1, 1905, s. 26. 
 
 27. The sums deposited with the clerk of the Court under the 
 next two preceding sections shall be applied so far as required, 
 to the payment of the fees of the jurors and ajiy balances shall be 
 paid to the persons respectively by whom they were deposited. 
 No. 1, 1905, s. 27. 
 
 Expenses of 
 jury trials 
 to be borne 
 by Crown 
 and 
 
 litigants pro- 
 portionately. 
 
 Fees to be 
 apportioned. 
 
 APPOKTIONMENT OF COST OF JURY. 
 
 28. If criminal and civil trials with jury are held at the 
 same sittings the cost of summoning the panel and of the travel 
 of the jurors shall be apportioned between the Crown and the 
 civil litigants, in proportion to the number of causes for trial with 
 a jury and the portion assigned to the civil litigants shall be 
 equally apportioned among the several causes. 
 
 2. The jury fees for daily attendance shall be apportioned 
 among the several criminal and civil causes tried in the pro- 
 portion of the respective times occupied in the trial of such 
 causes. No. 1, 1905, s. 28. 
 
 Clerk to be 
 paid. 
 
 PAYMENT PREPARING FOR JURY LIST. 
 
 29. The clerk shall be paid a sum not exceeding fifty dollars 
 for every jury list prepared by him in pursuance of the order 
 of the Court. No. 1, 1905, s. 29. 
 
 Sittings of 
 Territorial 
 Court. 
 
 SITTINGS OF THE COURT WITH JURY. 
 
 30. There shall, if necessary, be a sitting of the Territorial 
 Court for the trial of criminal causes with a jury, beginning on 
 the first Monday of every month. No. 1, 1905, s. 30. 
 
 NOTICE TO BE GIVEN BY CROWN PROSECUTOR. 
 
 Crown 
 Prosecutor 
 notify clerk 
 of jury 
 being 
 required- 
 
 31. The Crown Prosecutor shall, six clear days before the 
 first Monday of every month, notify the clerk of the Court if a 
 jury is required for trial of criminal causes. No. 1, 1905, s. 31. 
 
 TRIAL OF CIVIL CAUSES WITH JURY. 
 
 32. All civil causes for trial with a jury shall be tried imme- 
 
 Civil causes 
 
 ^tCT *"* diately after the criminal causes, or if no criminal causes, then on 
 
 Criminal. 
 
Juries. Chap. 49. 553 
 
 the first Monday of every month and on the days following re- 
 quired for trial of such causes. No. 1, 1905, s. 32. 
 
 FINES FOR NON-ATTENDANCE. 
 
 33. Any juror who does not answer to his name when called Jurors 
 
 in Court in any civil or criminal cause, may be fined. No. 1, be fiSed?*^ 
 1VIU5, s. So. 
 
 34. The fine payable by a juror shall be five dollars for the Fines. 
 first day, and for every subsequent day such sum not exceeding 
 twenty dollars, as the Court directs. No. 1, 1905, s. 34. 
 
 35. All fines for non-attendance of jurors may be re- How 
 covered by warrant of distress in the form "D" in the Schedule 'hoovered. 
 to this Ordinance or to the like effect to be made out and de- 
 livered by the clerk to the sheriff immediately after the calling 
 
 of the jurors each day or at such other time as the Court orders. 
 
 2. The sheriff shall forthwith enforce the warrant and return Sherifi to 
 to the clerk a statement of all fines received by him, and the rea- ™&fer*"° 
 sons why any fines which have been imposed have not been col- 
 lected, and shall pay over to the Comptroller of the Territory 
 
 the full amount by him recovered, deducting ten per centum for 
 his services. 
 
 3. The clerk shall immediately lay such statement before the 
 judge who presided at the sitting. No. 1, 1905, s. 35. 
 
 GENERAL PROVISIONS. 
 
 36. No omission to observe the directions in this Ordinance Verdict not 
 contained, or any of them, as respects— iSi^^hed on 
 
 account of 
 (a) The qualifications, exemptions or disqualifications of errors. 
 
 jurors; 
 
 (6) The preparation of the list of jurors, or the form of the 
 
 lists or requirements in respect to the list; 
 
 (c) The drawing or summoning of juries, or 
 
 (d) The striking of a special jury; 
 
 shall be ground for impeaching the verdict in any cause. No. 
 1, 1905, s. 36. 
 
 3T. No jury shall be kept without meat, drink or any other ¥?*i '*"'', 
 comfort while it is considering its verdict. supplied' jury. 
 
 2. If during the trial of a cause, civil or criminal, the jurors Lodging and 
 are not allowed to separate, the sheriff may provide such lodging refreshment 
 and refreshment as is necessary and proper for them, dnd the ^ovfded. 
 cost thereof certified by the sheriff, shall be paid in the same 
 manner and from the same funds as jury fees. No. 1, 1905, s. 37. 
 
 38. Every person who — 
 
 (a) Knowingly puts the name of any person upon the jury Penalties 
 list who is not qualified or liable to serve, or to'^act'^&c 
 
 (6) Wilfully fails to perform any duty imposed upon him by 
 this Ordinance, shall be liable to a penalty of not less than fifty 
 dollars, nor more than two hundred dollars. No. 1, 1905, s. 38. 
 
554 Chap. 49; Juries. 
 
 SCHEDULE. 
 
 Form A. 
 (Section 5.) 
 
 LIST OF JURORS. 
 THE YUKON TERRITORY 
 
 The return of the Clerk of the Territorial Court of certain 
 persons residing within the Yukon Territory liable to serve as 
 jurors: — 
 
 Surname and Christian Occupation or 
 
 name at full length. Residence. Addition. 
 
 Form B. 
 (Section 13.) 
 
 VENIRE FOB JURY. 
 YUKON TERRITORY, L. S.— 
 
 George the Fifth, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland, King, etc. 
 
 To Esquire, 
 
 (Seal.) Sheriff of our said Territory. 
 
 GREETING. 
 
 We command you that you cause to come before our Justice 
 of the Territorial Court at the Court House at Dawson in said 
 Territory, on , the day of 19 
 
 at o'clock, in the noon, the (insert number) 
 
 jurors, whose names are contained in the panel hereunto annexed, 
 then and there to attend the said Territorial Court as jurors for 
 the trial of all such causes as may be then and there pending 
 between ourselves and party from time to time as they shall 
 put themselves upon that jury by virtue of any issue formed 
 during the sitting of said Courts, and have you then and there 
 the panel, with the names of the jurors so annexed as aforesaid, 
 and this writ, and make due return of your doings thereon. 
 
 Witness: The Honourable 
 Judge of our said Court at Dawson 'in the Yukon Terri- 
 tory this day of A.D. 19 
 
 Clerk of the Territorial Court. 
 
 N.B. — To this writ must be attached a panel, containing the 
 name, residence and occupation or addition of each juror, and 
 which will be entitled as follows: 
 
 Panel of jurors drawn in open Court (or before the person 
 named by the Court), to attend the sittings of the Territorial 
 Court at Dawson aforesaid on the day of 
 
 19 
 Names. Residences. Occupations or Additions. 
 
Juries. CJiap. 49. 555 
 
 Form C. 
 (Section 13.) 
 
 SUMMONS TO JUKOR. 
 
 Dawson, 19 
 
 Sheriff's Office. 
 Sir — 
 
 You are hereby required to attend His Majesty's Territorial 
 Court at the Court House at Dawson, Y. T., on the 
 day of 19 at o'clock in the 
 
 noon, and following days of the sitting as a juror. 
 
 Any application for exemption from service as above must be 
 made in Coiut, upon oath or upon affidavit, on the first day of 
 the sitting. 
 
 Fine for non-attendance per day as the Court directs. 
 
 Sheriff of the Yukon Territory. 
 
 Form D. 
 (Section 35.) 
 
 WARRANT FOR COLLECTION OF FINE IMPOSED ON A JUROR. 
 
 The Yukon Territory. 
 L. S. 
 
 George the Fifth by the Grace of God, of the United Kingdom 
 of Great Britain and Ireland, King, Etc: 
 
 To 
 
 Sheriff of our Yukon Territory. 
 
 GREETING. 
 
 Whereas (name of juror) of 
 
 (residence and occupation) was duly summoned to attend before 
 a Justice of Our Territorial Court at Dawson in said Territory 
 on the day of 19 to serve as 
 
 a juror; 
 
 And Whereas the said failed to attend such 
 
 Court and serve as such juror thereat for the period of 
 days, and for such non-attendance he, the said 
 was by such Court fined and ordered to pay the sum of 
 dollars. 
 
656 Chap. 49. Juries. 
 
 We command you therefore, forthwith to levy of the goods 
 and chattels of the said the said sum of 
 
 dollars, and make due return to our Territorial 
 Court at Dawson aforesaid what you shall do in the premises 
 and have you there this writ. 
 Witness the Honourable 
 Judge of our Territorial Court at Dawson aforesaid this 
 day of A.D. 19 
 
 Clerk of the said Court. 
 
Legal Profession. Chap. 50. 557 
 
 CHAP. 50. 
 An Ordinance Respecting the Legal Profession. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Legal Profession shoit title. 
 Ordinance. C.O.Y.T. c. 47, s. 1. 
 
 BAKEISTERS AND SOLICITORS ROLL. 
 
 2. The Territorial Secretary shall cause to be prepared a Territorial 
 Roll to be called the Barristers and Solicitors Roll for the Secretary to 
 Yukon Territory. C.O.Y.T. c. 47, s. 2. .BaSrs 
 
 3. He shal^ forthwith cause to be entered on such roll, in Who to be 
 proper order according to the time of admission to the Bar™*^''^°°'^°ll- 
 in the Yukon Territory, the names of all persons who are at the 
 
 date of the passing of this Ordinance enrolled as advocates of 
 the Yukon Territory on the roll prepared 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 date of the appointment of such persons to such office. 
 
 2. The clerk of the Territorial Court shall forthwith furnish Clerk of Court 
 the Territorial Secretary with a list of persons so enrolled as xJ^torial 
 
 advocates. Secretary 
 
 3. The Territorial Secretary shall, upon production of the ^^^ list, 
 certificate of the Territorial Court hereinafter provided for. Territorial 
 that any person is entitled to be called to the Bar as a Barrister to eSe/^ 
 and admitted to practise as a solicitor in said Court, cause the persons 
 name of such person to be entered on the said roll with the date certificate 
 of such entry. from Court. 
 
 4. If any name is improperly omitted from or inserted in said Mistakes in 
 Roll, or if any mistake occurs in any name on such roll, the ^°'i *° '"j 
 Territorial Court may, upon proper notice being given, cause "^^ 
 such name to be added to, or struck from such roll, or to be pro- 
 perly corrected, and the Territorial Secretary 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 remain Roll to be 
 deposited with the said Secretary and shall be open to inspection |e?ritonai 
 by any person upon payment of a fee of fifty cents. Secretary. 
 
 6. The clerk of the Territorial Court shall keep on file at his Clerk of the 
 office at Dawson, in said Territory, a copy of the said roll, with ^°g""''(,*° 
 the additions, alterations and changes made therein from time ^^'' ''°^^' 
 to time, and such copy shall be open to inspection at all reason- 
 able times at the said office. 
 
558 
 
 Chap. 50. 
 
 Legal Profession. 
 
 Until roll 
 prepared 
 clerk of the 
 courts roll to 
 be the roll. 
 
 Copy of roll 
 to be 
 
 evidence. 
 
 7. Until such roll is prepared by the Territorial Secretary, 
 the roll of advocates prepared by, and in the custody of, the 
 clerk of said Court, shall be the roll of barristers and solicitors 
 in the Yukon Territory. 
 
 8. Whether any person is enrolled as a barrister and soli- 
 citor or not shall be sufficiently proved by production of the copy 
 of the roll in the custody of the clerk of the Court or by pro- 
 duction of a certificate of the Territorial Secretary as to the 
 fact. C.O.Y.T. c. 47, s. 3. 
 
 Additional 
 persons to be 
 admitted. 
 
 Barristers of 
 
 Great 
 
 Britain. 
 
 Barristers 
 of the 
 Provinces or 
 
 Students 
 who have 
 served three 
 years in 
 Province. 
 
 Barristers of 
 any other 
 colony. 
 
 Articled 
 clerks who 
 have served 
 five years 
 
 and passed 
 examinations 
 
 ADMISSION OF BARRISTERS AND SOLICITORS. 
 
 4. In addition to the persons entitled at the time of coming 
 into force of this Ordinance to be enrolled as Barristers 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 qualifications, that is to 
 say: 
 
 (a.) Is a Member of the Bar of England, Scotland or Ireland 
 (excluding the Bar of Courts of merely local jurisdiction), or, 
 
 (b.) Has been duly called to the Bar of any of His Majesty's 
 Superior Courts in any of His Majesty's Provinces or Territories 
 of the Dominion of Canada, or, 
 
 (c.) Has duly served under articles of clerkship for a period 
 of five years in any such Province with a duly qualified Barrister 
 of such Province and has passed the examinations and possesses 
 the other qualifications required by such Province to entitle 
 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 Provinces 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 five years after filing such articles with the Territorial 
 Secretary: 
 
 Provided that nothing herein contained shall apply to any 
 person who at the date of the coming into force of this Ordinance 
 is enrolled as an articled clerk or otherwise admitted to or has 
 entered upon the study of law under the provisions of the said 
 Ordinance, or; 
 
 (/.) Has passed the preliminary examination prescribed in 
 any Province or Territory of Canada and has served under 
 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 five years, and has passed the prescribed final examin- 
 ation, shall be entitled to a certificate from the Territorial 
 Court that he is entitled to be enrolled as a Barrister and 
 Solicitor. 
 
Legal Profession. Chap. 50. 659 
 
 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 standing as the 
 Court deems satisfactory. C.O.Y.T. c. 47, s. 4. No 16 
 1914, s.s. 1, 2, and 3. 
 
 5. No such certificate shall be granted by the Court unless Notice of 
 notice of application thereof has been given by publication of appiioation 
 such notice in the Yukon Official Gazette for two consecutive admiBsion to 
 weeks before such application. Such notice shall state the i^e published, 
 name and residence of the person seeking a certificate, the 
 qualification upon which he reUes, 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 pre- 
 scribed final examination in this Territory. C.O.Y.T. c. 47, 
 s. 5. 
 
 6. Before any person is enrolled by the secretary he shall Fee for 
 pay to the Territorial Treasurer a fee of $200 and shall satisfy j^q^'""®"* 
 such secretary that such payment has been made. No. 8, 
 
 1911, s.l. 
 
 LEGAL PEOFESSION. 
 
 T. Any person who has become an articled clerk under Other articled 
 any _ Ordinance in force in the Yukon Territory before the ^^l^?^,.^'^® 
 passing of this Ordinance, shall be entitled to be enrolled as a ^ ™' 
 Barrister and Solicitor upon completing the term of service 
 prescribed by such Ordinance if he has passed the examination, 
 and produces the evidence of educational attainment that he 
 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. C.O.Y.T. c. 47, 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 Solicitor i^'^se may 
 of the Yukon Territory, whether in active practice or occupying sufficiency 
 an official position in said Territory, whether under articles of service. 
 or otherwise, or of a course in a law school, as in the opinion 
 of a judge of the Territorial Court, are equivalent to the pre- 
 liminary examination and service required by this Ordinance, 
 and passes the final examination prescribed for articled clerks, 
 the said judge may recommend the admission 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 Barrister and Solicitor notwith- 
 standing the non-compliance of such person with the require- 
 ments contained in section 4 of this Ordinance. C.O.Y.T. 
 c. 47, s. 8. 
 
560 
 
 Chap. 50. 
 
 Legal Profession. 
 
 No person to 9. No person shall be called to the Bar as a Barrister or 
 
 Scept^s admitted to practise as a Solicitor in the Territorial Court save 
 
 provided in accordance with the provisions of this Ordinance. C.O.Y.T. 
 
 herein. ^ 47^ g 9^ 
 
 Oath to be 
 taken. 
 
 OATH OF BARRISTER AND SOLICITOR. 
 
 10. Before any person enrolled as a Barrister and Solicitor 
 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. 
 C.O.Y.T. c. 47, s. 10. 
 
 ANNUAL FEE. 
 
 Annual fee. 
 
 Certificate to 
 be given on 
 payment of 
 annual fee. 
 
 Penalty for 
 
 practising 
 
 without 
 
 taking 
 
 out annual 
 
 certificate. 
 
 Form of 
 certificate. 
 
 List of sub- 
 jectslto] d 
 be prepared 
 by judges. 
 
 11. There shall be due and payable annually by every 
 practising Barrister and Solicitor to the Territorial 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 Territorial 
 Secretary on or before said date a receipt for said sum. 
 
 2. Upon presentation of such receipt the said Secretary 
 shall issue to the practising Barrister and Solicitor presenting 
 the same a certificate stating that such Barrister and Solicitor 
 is entitled to practise within the Yukon Territory for one year 
 from the thirtieth day of June of the year in which the certificate 
 is issued. 
 
 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 
 practises the profession of law in the Yukon Territory, 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 before 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. C.O.Y.T. c. 47, s. 11. 
 
 12. The judges or a judge of the Territorial Court shall 
 prepare, whenever application is made to them for that purpose, 
 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. 
 
Legal Profession. Chap. 50. 561 
 
 2. Any such person may make appUcation 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 judge may at any time before any such apph- 
 cation 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 pubUca- 
 tion shall be necessary. C.O.Y.T. c. 47, s. 12. 
 
 13. There shall be an examination held annually of persons Annual 
 seeking to be enrolled as articled clerks and of persons seeking ^^^^inat'O"- 
 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 tioo to be 
 to take any such examination to the Territorial Secretary, ^njid^te 
 not later than the twenty-fifth day of August preceding such before 
 examination, and at the time of giving such notice shall deposit examination, 
 with the Territorial Treasurer the sum of $100, and in the 
 
 event of the candidate passing the examination such deposit 
 shall be credited to the fee required to be paid by section 6 of 
 this Ordinance. If the said candidate fails to pass such deposit 
 examination the said deposit shall form a part of the consolidated 
 revenue of the Yukon Territory. 
 
 3. The Commissioner may at any time direct that a special, Special 
 additional or supplemental examination of any such person ®'^*°"""' '""■ 
 be held. C.O.Y.T. c. 47, s. 13. No. 8, 1911, s. 2. 
 
 ARTICLED CLERKS. 
 
 14. Before any person is entitled to be enrolled as an articled Preliminary 
 clerk he shall pass the prescribed preliminary examination, and examination, 
 shall be bound by contract in writing, to serve as a clerk to a 
 
 duly qualified Barrister or Solicitor practising in the Yukon 
 Territory. 
 
 2. Such contract, with a declaration of the execution thereof Artioles to 
 by the parties thereto, shall within three months after the ^^ ^'^" 
 execution of such contract be filed with the Territorial 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 three bi med*^ *° 
 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 standing and ^all 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. 
 
 70263—36 
 
562 
 
 Chap. SO. 
 
 Legal Profession. 
 
 ^I^j. 4. The Legal Adviser for the Commissioner of the Yukon 
 
 to be duly Territory and for the Yukon Council shall be deemed a duly 
 auaUfied qualified Barrister and Solicitor practising in the Yukon Terri- 
 tory. C.O.Y.T. c. 47, s. 14. 
 
 Barrister. 
 
 Roll of 
 
 articled 
 clerks. 
 
 15. The Territorial Secretary shall enter upon a roll, to 
 be called The Roll 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 examin- 
 ation; 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. 
 C.O.Y.T. c. 47, s. 15. 
 
 No Barrister 
 to have more 
 than two 
 articled 
 clerks. 
 
 16. No Barrister and Solicitor shall have under such' articles 
 as aforesaid more than two clerks at one time, nor shall he have 
 any such clerk after he has discontinued 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. C.O.Y.T. 
 d. 47, s. 16. 
 
 Articles may 17. If any Barrister and Solicitor, before the termination 
 or ^"^e^ra °^ *^^ articles of a clerk bound to him becomes bankrupt or in- 
 
 Barrister 
 ceasing to 
 practise. 
 
 solvent, or discontinues practice, or becomes or is employed as a 
 clerk by any other Barrister and Solicitor, or dies, the Court may, 
 upon application of the clerk so bound, permit such articles to 
 be discharged or assigned to such other person upon such terms 
 and in such manner as the Court shall state. C.O.Y.T. c. 47, 
 s. 17. 
 
 Clerk miay 
 enter into 
 other 
 articles 
 for balance 
 of term. 
 
 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 men- 
 tioned articles and service under such second articles subject to 
 the provisions herein contained shall be as effectual for the pur- 
 pose of this Ordinance as if such service had been performed 
 under the first articles. C.O.Y.T. c. 47, s. 18. 
 
 ,Timeto J©, jf any such articles or assignment, with a statutory 
 
 only from declaration or declarations in respect thereto hereinbefore 
 ^S^i?.'-?'™^ required are jiot filed as aforesaid within the time hereinbefore 
 "^ 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. C.O.Y.T. c. 47, s. 19. 
 
 articles or 
 assignment. 
 
Legal Profession. Chap. 50. 563. 
 
 DISCIPLINARY. 
 
 30. All Barristers and Solicitors shall be officers of the Co""» ''"^e 
 Territorial and other' Civil Courts of the Territory and the ^TAi '^Wi 
 Territorial Court, or any judge thereof shall possess and exercise Barristeraaaj 
 the same powers and jurisdiction over and in respect of such c!J,u7fc"rf 
 Barristers and Solicitors as at the time of the passing hereof is Judicature 
 possessed by the Supreme Court of Judicature in England over '° England. 
 and in respect of Solicitors of the said last mentioned Court. 
 C.O.Y.T. c. 47, s. 20. 
 
 21. No Barrister and Solicitor shall wilfully and knowingly Banister not 
 act as the professional agent of any person not duly enrolled and ^unq^u^^^ 
 qualified to act as a Barrister and Solicitor or suffer his name to porson. 
 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 practise in any respect as a 
 Barrister and Solicitor, knowang'him not to be qualified, and no 
 Barrister and Solicitor shall enter into any partnership agree- 
 ment or arrangement in the nature of a partnership, or into 
 any agreement 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 practise as a Barrister 
 and Solicitor in the Yukon Territory. C.O.Y.T.c. 47, s. 21. 
 
 33. The Legal Adviser shall inquire into and thoroughly Legal 
 investigate any complaint made to such Legal Adviser by any to Investigate 
 person against any Barrister or Solicitor for any just cause complain ta' 
 whatsoever, or against any person for any violation of any of the raadea«amst. 
 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 other- 
 wise punishing such Barrister and Solicitor or other such person 
 in the manner provided therefor in this Ordinance. C.O.Y.T. c. 
 47, s. 22. 
 
 33. If, upon application, at the instance of any person, Proceedings^ 
 supported by a:ffidavit made to the Court, it shall prima fade iti^ter tor 
 appear that a Barrister and Solicitor has been guilty of pro- unprofessional 
 fessional 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 
 
664 
 
 Chap. 50. 
 
 Legal Profession. 
 
 suspend such Barrister and Solicitor from practising for such 
 period as may be considered just. C.O.Y.T. c. 47, s. 23. 
 
 order mtiae ^^' ^he Court may order that notice of any application 
 
 of application made under the next preceding section be given by the com- 
 
 liegar*" " plainant to the Legal Adviser, and to such other person or 
 
 Adviser. persons as the Court thinks proper, and the Legal 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. C.O.Y.T. c. 47, s. 24. 
 
 B^ister^'not ^^' ^^ ^^V application to the Court under the provisions 
 to be inserted of the next three preceding sections the name of the Barrister 
 "roceedin? ^^^ Solicitor complained of shall be suppressed and all pro- 
 
 uniess < ^^ ceedings shall be headed: "In the matter of a Barrister 
 
 ordered and Solicitor" until the Court directs the insertion of the name 
 
 by Court. ^j ^^^^ Barrister and Solicitor. C.O.Y.T. c. 47, s. 25. 
 
 ■When 
 Barrister 
 struck oS 
 loU or 
 suspended. 
 
 Clerk of 
 Court to 
 notify 
 Territorial 
 Secretary. - 
 
 Privilege of 
 Barrister to 
 cea«e^on ■•' 
 being - struck 
 off roll. 
 
 26. Whenever any Barrister and Solicitor is struck off the 
 Roll of Barristers and Solicitors or suspended from practising, 
 the clerk of the Court shall certify the same under his hand and 
 seal of the Court to the Territorial Secretary, who shall file such 
 certificates and shall make a 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. C.O.Y.T. c. 47, s. 26. 
 
 2*7. Upon a Barrister and Solicitor being struck off the roll 
 as aforesaid, all his rights and privileges as a Barrister 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 Judge of the Territorial Court. C.O.Y.T. 
 c. 47, s. 27. 
 
 38. The Territorial Court may, on application made for that 
 purpose, and when in the op'inion of such Court the subsequent 
 conduct of the Barrister and Solicitor, or thei facts warrant it, 
 order the name of any Barrister and Solicitor 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 Roll of his having been restored thereto. C.O.Y.T. 
 c. 47, s. 28. 
 
 Notice of 29. Notice of such application shall be given to the Territorial 
 
 application to Secretary and such other person or persons as the Court or a 
 Terntorial Judge upon ex parte application directs and the person so notified 
 Secretary. may, in person or by Barrister and Solicitor appear and oppose 
 or consent to such application. C.O.Y.T. c. 47, s. 29. 
 
 Court''may 
 order ' >»« 
 . Barrister 
 struck of 
 rolls to be 
 restored. 
 
Legal Profession. Chap. 50. 565 > 
 
 30. Provided that before being entitled to, be restored to the Barrister to 
 Roll hereunder such person whose name is sought to be restored arrears before 
 shall pay all arrears of fees due by him to the said Treasurer, being 
 including the fees for the period which has elapsed since he was IT^u^ 
 struck off the Roll. C.O.Y.T. c. 47, s. 30. 
 
 31. Whenever a person being an articled clerk shall be found Articled 
 by the Court or a judge, after due inquiry, to have been, either ^nty of ' 
 before or after the coming into force of this Ordinance, guilty of unpro- <■ i 
 professional misconduct or conduct unbecoming an articled ^^^^^°°^lj, j^^ 
 clerk, it shall be lawful for the Court or judge to strike the name struck off roll, 
 of such clerk from the roll of articled clerks. C.O.Y.T. c. 47, 
 
 s. 31. 
 
 32. No person other than Barristers and Solicitors duly ^° °?« *° 
 qualified and admitted to practise in the Yukon Territory except^' 1 
 shall act as Barrister and Solicitor in the Yukon Territory or Barrister 
 practise in any Court in the said Territory, or advise for fee or entered on 
 reward, directly or indirectly in matters pertaining to the law, roll. 
 
 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 oflBce, or 
 any business of any Barrister or Solicitor of the Yukon Territory 
 carried on or transacted as such Barrister or Solicitor, and any 
 person contravening any provision 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 of not less than three hundred 
 and not more than five hundred dollars for the first offence, which 
 fine or penalty may be imposed upon 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 Roll, and for every subsequent offence such person con- 
 travening any provision 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 of five hundred dollars, to be imposed 
 or recovered 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 shall Contraven- 
 constitute a contempt of court and may be dealt with by the section to'be 
 Territorial Court as such. contempt 
 
 3. Any person doing any of the acts prohibited by this Bg^j^?'^*-^^,^ 
 section shall be incapable of recovering any fee, reward or on roll not to 
 disbursement on account thereof, and any sum paid to such ^j'l?"* ^^^^ *"" 
 
 ments. 
 
566 
 
 Chap. 50. 
 
 Legal Profession. 
 
 person therefor may be recovered back by the person paying 
 
 the same, 
 ^eve'^t ^.- '^^^^ section shall not be deemed to prevent any person 
 
 person acting acting on his own behalf in any action, cause, suit or matter, 
 in his own C.O.Y.T. c. 47, s. 32. 
 behalf. ' 
 
 mlf^iSte. *3. The Legal Adviser may institute or authorize the 
 .proceedings, institution of any proceedings under this Ordinance for any 
 breach of its provisions. C.O.Y.T. c. 47, s. 33. 
 
 SCHEDULJE. 
 
 OATH OF BARRISTER AND SOLICITOR. 
 
 Oath 
 
 British 
 
 subject. 
 
 Oath oi 
 allegiance. 
 
 Oath of 
 Barrister. 
 
 I, A. B., do swear (or being one of the persons allowed by law 
 to affirm 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 God. 
 
 I, A. B., do sincerely promise and swear (or affirm) that I will 
 be faithful and bear true allegiance to His Majesty, King George 
 v., 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 traitorous 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 this 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 pretences. 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. " 
 
Legal Profession. Chap. "50. 567 
 
 " 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. " 
 
 CEKTIFICATE OF PAYMENT OF ANNUAL FEE. 
 
 Yukon Territory. 
 
 Annual Certificate No. 
 
 This is to certify that has paid to the 
 
 Territorial Treasurer under the provisions of the Ordinance 
 respecting the legal profession the sum of twenty-five dollars, 
 and that the said is hereby entitled to 
 
 practise 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. 
 
568 
 
 Chap. 31. 
 
 Mechanics Liens. 
 
 CHAP. 51- 
 
 An Ordinance respecting Liens in favour of Mechanics 
 
 and others. 
 
 Short title. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Mechanics Lien 
 Ordinance. C.O.Y.T. c. 63, s. 1. 
 
 Interpreta- 
 tion. 
 
 "Contractor.' 
 
 "Sub 
 Contractor.' 
 
 "Owner. 
 
 INTERPRETATION . 
 
 3. In this Ordinance 
 
 1. The expression "contractor" means a person contracting 
 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 
 contracting with or employed directly by the owner for the 
 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 a 
 person having any estate or interest in the lands upon or in 
 respect of which the work is done or materials or machinery 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 machinery 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 com- 
 menced or the materials or machinery furnished have been 
 commenced to be furnished. C.O.Y.T. c. 53, s. 2. 
 
 LIEN FOR WORK OR MATERIALS. 
 
 Agreement as 3. No agreement shall be held to deprive any one otherwise 
 to hens. entitled to a lien under this Ordinance and not a party to the 
 
 Third party's agreement of the benefit of the lien but the lien shall attach 
 notwithstanding such agreement. C.O.Y.T. c. 52, s. 3. 
 
 rights. 
 
 Nature of lien. 4, Unless he signs an express agreement to the contrary, 
 every mechanic, machinist, builder, miner, labourer, contractor, 
 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 placing machinery of any 
 kind in, upon or in connection with any building, erection 
 or mine, shall, by virtue of being so employed or furnishing, 
 have a hen for the price of the work, machinery or materials, 
 upon the building, erection or mine, and the lands occupied 
 thereby or enjoyed therewith, limited in amount to the sum 
 justly due to the person entitled to the hen. C.O.Y.T. c. 53, 
 
 8.4. 
 
Mechanics Liens. _ Chap. 51. 569 
 
 5. The lien shall attach upon the estate and interest of the Property 
 owner, as defined by this Ordinance, in the building, erection IJ^^j^ jj^^ 
 or mine, in respect of which the work is done or the materials or shall attach. 
 machinery placed or furnished and the land occupied thereby 
 
 or enjoyed therewith. 
 
 2. In cases where the estate or interest charged by the lien Wh»re estate 
 is leasehold, the land itself may also with the consent of the fg'^asehrfd ^ 
 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 th« registering thereof and duly verified. 
 
 3. In case the land upon or in respect of which any work as Prior 
 aforesaid is executed or labour performed or upon which materials ^o'^'Bage. 
 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. C.O.Y.T. 
 c. 53, s. 5. 
 
 6. Without prejudice to any lien which he may have under Claim for 
 the preceding sections every mechanic, labourer or other person ""^ses. 
 who performs labour for wages upon the construction, alteration 
 
 or repairs of any bmlding or erection or in erecting or placing 
 machinery of any kind in, upon or in connection with any build- 
 ing, 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. C.O.Y.T. c. 53, 
 s. 6. 
 
 7. In all cases the owner shall in the absence of a stipulation Owner to 
 
 to the contrary be entitled to retain for a period of thirty days ooS,ot °^ 
 after the completion of the contract ten per centum of the price price for 30 
 to be paid'to the contractor. C.O.Y.T. c. 53, s. 7. ''^y^- 
 
 8. In case the lien is claimed by a sub-contractor the amount Lien claimed 
 which may be claimed in respect thereof shall be limited to the c^ntoao'tor. 
 amount payable to the contractor or sub-contractor (as the 
 
 case may be) for whom the work has been done or the materials 
 or machinery have been furnished or placed. C.O.Y.T. c. 53, 
 s. 8. 
 
 O. All payments up to ninety per centum of the price to be Payments 
 paid for the work, machinery or materials as defined by section Sfth^ -JJithout 
 4 of this Ordinance, made in good faith by the owner to the notice of lien. 
 contractor, or by the contractor to the sub-contractor, or by 
 one sub-contractor to another sub-contractor, before notice 
 in writing by the person claiming the lien has been given to such 
 
570 
 
 Chap. 51. 
 
 Mechanics Liens. 
 
 owner, contractor or sub-contractor (as the case may be) of 
 the claim of such person, shall operate as a discharge pro lanto 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 Ordi- 
 nance. 
 
 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 defined by section 4 of this 
 Ordinance, up to ten days after the completion 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 conse- 
 quence of the failure of the latter to complete his contract. 
 C.O.Y.T. c. 53, s. 9. 
 
 Lien not to lo. Save as herein provided, the lien shall not attach so 
 iLbiiity of as to make the owner liable to a greater sum than the sum 
 owner. payable by the owner to the contractor. C.O.Y.T. c. 53, s. 10. 
 
 Persons 
 having 
 claims 
 against the 
 lien-holders. 
 
 11. All persons furnishing material to or doing labour for 
 the person having a lien under this Ordinance in respect of the 
 subject of such lien, who notify the owner of the 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 provisions 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 there- 
 upon 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. C.O.Y.T. c. 53, 
 s. 11. 
 
 Disputes to 12. In case of a dispute as to the validity or amount of 
 »cti<m or*^ ^^ ^^ Unpaid account or demand, of which notice is given to 
 arbitration, the owner Under the next preceding section, the same shall 
 be first determined by action in 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. C.O.Y.T. c. 53, s. 12. 
 
 Failure to 13. In casc the person 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 th6 award 
 
Mechanics Liens. Chap. 31. 571 
 
 is made or judgment given, the owner, contractor, or sub- 
 contractor may pay the same out of any moneys due by him 
 to the person primarily liable as aforesaid, 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 previously 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 primarily liable. C.O.Y.T. c. 53, s. 13. 
 
 14. In case a claim is made by a sub-contractor in respect Arbitration 
 of a lien on which he is entitled, and a dispute arises as to the contractor's 
 amount due or payable in respect thereof, the same shall be claim, 
 settled by arbitration. 
 
 2. One arbitrator shall be appointed by the person making 
 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 arbi- 
 trators appointed fail to agree upon a third, the appointment 
 may be made by a judge of the Territorial Court. C.O.Y.T. 
 c. 53, s. 14. 
 
 15. During the continuance of a lien no portion of the Material 
 property or machinery affected thereby shall be removed to ^fn n*of to be 
 the prejudice of the lien; and any attempt at such removal removed, 
 may be restrained by application to the Territorial Court or a 
 
 judge thereof. C.O.Y.T. c. 53, s. 15. 
 
 SEGISTKATION OF LIEN. 
 
 16. A claim of lien applicable to the case may be deposited Eegiatration 
 in the land titles office of the Yukon land registration 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 claim- 
 ant or his agent. C.O.Y.T, c. 53, s. 16. 
 / 
 
572 
 
 Chap. 51. 
 
 Mechanics Liens. 
 
 Claim for 
 
 Uniting 
 several 
 claims. 
 
 Claims to be 
 filed as an 
 incumbrance. 
 
 17. A claim for wages may include the claims of any number 
 of. mechanics, labourers or other persons aforesaid who may 
 choose to unite them, in such case each claimant 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 Ordinance shall be sufficient. C.O.Y. 
 T. c. 53, s. 17. 
 
 18. The registrar upon payment of the proper fee shall enter 
 and register the claim as an encumbrance against the land or 
 the estate or interest in land therein described as provided in 
 The Land Titles Act. The said claim of lien may be described 
 as a mechanic's lien. C.O.Y.T. c. 53, s. 18. 
 
 19. Where a claim is so deposited the person entitled to the 
 C.O.Y.T. c. 53, s. 19. 
 
 Lien-holder a 
 
 ^0° ton Jo"! l^^^i shall be deemed a purchaser pro tanto 
 
 Time for 
 registration. 
 
 30. Where the lien is for wages under section 6 or 9 of this 
 Ordinance the claims may be registered : 
 
 (a) At any time within thirty days after the last day's 
 labour for which the wages are payable; or 
 
 (6) At any time within thirty days after the completion 
 of the construction, alteration or repair of the building 
 or erection or after the erecting or placing of the ma- 
 chinery 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 pro- 
 visions of sections 6 and 9 of this Ordinance after the 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. C.O.Y.T. c. 53, s. 20. 
 
 reristratten ^^' ^^ 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. C.O.Y.T. c. 53, s. 21. 
 
 Actions to 
 enforce 
 unregistered 
 lien. 
 Time for. 
 
 PROCEEDINGS TO REALIZE LIEN. 
 
 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 in- 
 stituted to realize the claim under the provisions of this Ordi- 
 nance and a certificate thereof (which may be granted by the 
 Court in which or judge before whom the proceedings are in- 
 stituted) is duly filed in the land titles office of the Yukon land 
 - registration district. C.O.Y.T. c. 53, s 22. 
 
 Action to 23. Every lien which has been duly deposited under the 
 
 re^stered provisions of this Ordinance shall absolutely cease to exist 
 
 lien. 
 
Mechanics Liens. Chap. 51. 573 
 
 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 men- 
 tioned in the claim of lien filed unless in the meantime pro- 
 ceedings 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 registered in the land titles office of the Yukon 
 land registration district. C.O.Y.T. c. 53, s. 23. 
 
 24. If there is no period of credit or if the date of expiry '^'.'P^^?,''- 
 of the period of credit is not stated in the claim so filed the period of°° 
 lien shall cease to exist upon the expiration of ninety days credit or none 
 after the work has been completed or materials or machinery ^*^*^'^- 
 furnished unless in the meantime proceedings shall have been 
 instituted pursuant to section 23 of this Ordinance. C.O.Y.T. 
 
 c. 53, s. 24. 
 
 25. In all cases the lien may be realized in the Territorial Lien 
 Court according to the ordinary procedure of that court. CO- xerritoriaT 
 
 Y.T. C. 53, S. 25. Court. 
 
 26. Any number of lien-holders may join in one action and Lien-holders 
 any action brought by a lien-holder shall be taken to be brought i° tTon^ *" 
 on behalf of all the lien-holders of the same class who shall have 
 registered their liens before or within thirty days after the com- 
 mencement of the action or who shall within the said thirty days Action 
 file in the proper office of the court from which the writ issued enuring 
 
 a statement of their respective 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 rlfilsai ""^ 
 who has registered his claim or filed his statement in the manner to proceed, 
 and within the time above limited for thkt 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 with |fj^g°y*'"*' 
 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 Machinery. 
 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 incidental 
 
 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 shall, p"" ^'"'"• 
 subject to the provisions of sections 5, 9 and 11 of this Ordinance, 
 
 rank pari passu for their several amounts against the said pro- 
 perty 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 
 
374 
 
 Chap. 51. 
 
 Mechanics Liens. 
 
 Removing 
 lien on tenns. 
 
 Annulling 
 registiatioD. 
 
 Summary 
 Bearing and 
 deter- 
 mination. 
 
 entitled to execution for any balance due to them respectively 
 after said distribution. 
 
 7. 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 subsections (7) 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 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. C.O.Y.T. c. 53, s. 26. 
 
 DEATH OF LIEN-HOLDER. ASSIGNMENT OF LIEN. 
 
 Death of 
 holder. 
 
 Aesignment 
 of lien. 
 
 ST. In the event of the death of a lien-holder his right of 
 lien shall pass to his personal representatives and the right 
 of a lien-holder may be assigned by any instrument in writing. 
 C.O.Y.T. c. 53, s. 27. 
 
 DISCHARGE OF LIEN. 
 
 Discharge 28. A lien may be discharged by a receipt signed by the 
 
 ^' claimant or his agent duly authorized in writing acknowledging 
 
 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. C.O.Y.T. c. 53, s. 28. 
 
 to^h''^*t^* 20. When there is a contract for the prosecution of the 
 
 contractor's work as hereinbefore mentioned the registration of all discharges 
 costs. of liens shall be at the cost of the contractor unless a court or 
 
 judge otherwise orders. C.O.Y.T. c. 53, s. 29. 
 
 EXECUTION AGAINST PERSON SUPPLYING MATERIAL. 
 
 Materials 
 exempt from 
 execution. 
 
 30. Where any mechanic, artisan, machinist, builder, miner, 
 contractor or any other person has furnished or procured 
 materials for use in the construction, alteration or repair 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. C.O.Y.T. c. 53, 
 s. 30. 
 
Mechanics Liens. Chap. 51. 576 
 
 LIENS ON CHATTELS. 
 
 31. Every mechanic or other person who has bestowed i-iena for 
 money or skill and materials upon any chattel or thing in the of'ciwttSs^'' 
 alteration and improvement of its properties or for the purpose Enforcing. 
 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 
 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 proceeds 
 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. C.O.Y.T. c. 53, s. 31. 
 
 FORMS. 
 
 33. The forms in the schedule hereto shall be deemed 
 sufficient for the purposes specified in such schedule. C.O.Y.T. 
 c. 53, s. 32. 
 
 SCHEDULE. 
 FORM A.— Sec. 16. 
 Claim of Lien. 
 
 A.B., {name of claimant) of {here state residence of claimant), Forms. 
 {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 of the owner of the 
 land upon which the lien is claimed) in the 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 fur- 
 nished) on or before the day of 
 
576 Chap. 51. Mechanics Liens. 
 
 The following is the description of the work done {or material 
 or machinery furnished, as the case may he): 
 
 (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 he charged suf- 
 ficient for 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 . 
 
 Dated at this day 
 
 of A.D. 19 . 
 
 {Signature of Claimant.) 
 
 FORM 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 of the owner 
 of he land upon which the lien is claimed) in the undermentioned 
 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 suf- 
 ficient for the purpose of registration.) 
 
 Dated at this day 
 
 of A.D. 19 . 
 
 {Signature of Claimant.) 
 
 FORM C— Sec. 17. 
 
 Claim of Lien 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 
 
Mechanics Liens. Chap. 51. 577 
 
 "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 
 
 E.F., of $ for days wages.* 
 
 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 the day of 
 
 A.D. 19 . 
 
 {Signatures of the several claimants), 
 
 *[If any of the above named claimants are assignees of the original 
 ■lien-holder that fact must be stated and the name and residence of the 
 -original lien-holder stated.] 
 
 Form 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 C. D., 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 clau.se 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 day 
 
 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. 19 
 
 7026.3—37 
 
578 
 
 Chap. 52. 
 
 Miners Liens, 
 
 CHAP. 52. 
 
 An Ordinance respecting Liens in favour of Miners. 
 
 Short title. 1. This Ordinance may be cited as The Miners Lien Ordinance 
 No. 14, 1903, s. 1. 
 
 "Owner." 
 
 "Layman." 
 
 "Registering 
 
 and 
 
 registration." 
 
 "Miner." 
 
 2. In this Ordinance: 
 
 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 wood 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 wood placed, 
 and all persons claiming under him whose rights are acquired 
 after the work in respect to which a lien is claimed, is commenced 
 or the wood furnished has been. commenced to be furnished; 
 
 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; 
 
 3. The word " registering " or " registration " means the 
 filing or depositing of an instrument with the Mining Inspector, 
 or Gold Commissioner. 
 
 4. The word " miner " means any person working upon a 
 mine or in connection therewith. No. 14, 1903, s. 2. 
 
 LIEN FOE WORK OR WOOD. 
 
 Persons 
 furnishing 
 wood on 
 quartz or 
 or placer 
 mining 
 claims 
 to have 
 lien on 
 product 
 of mine. 
 Also on 
 dredges, 
 machinery, 
 etc. 
 
 To take 
 effect as 
 against 
 subsequent 
 mortgages. 
 
 Lien to 
 attach as 
 against 
 
 3. Any person who performs any work or service upon or in 
 respect to, or furnishes any wood to be used in the mining or 
 working of any placer or quartz mining claim, or lands held under 
 hydraulic mining lease, dredging lease or otherwise for mining, 
 shall, by virtue thereof, have a lien for the price of such work or 
 service or wood, upon the minerals or ore produced from said 
 mining claim, lands held under hydraulic mining lease, dredging 
 lease or otherwise for mining, upon -or in respect to which such 
 work or service is performed, as well as upon the dredges, drills, 
 steam shovels, elevators, wood and all machinery and chattels, 
 upon or used on such mining claim or lands held as aforesaid for 
 mining; limited however in amount to the sum justly due to 
 the person entitled to the lien. 
 
 2. Such lien, upon registration as in this Ordinance provided, 
 shall attach and take effect upon the date of the registration as 
 against subsequent purchasers, mortgagees or other encum- 
 brances whose mortgages or encumbrances are registered sub- 
 sequent to the performance of such work or the furnishing of 
 such wood. No. 2, 1910, s. 1. 
 
 4. The lien shall attach upon the estate or interest of the 
 owner and all persons having any interest in the miiierals or 
 ore produced from said mining claim or lands held as aforesaid, 
 
Miners Liens. Chap. 52. 579 
 
 dredges, steam shovels, elevators, wood, machinery and chattels oyjj>er and 
 upon or used on such mining claim or lands. No. 2, 1910, s. 1. "nterested. 
 
 5. Any lien registered under the provisions of this Ordinance Liens take 
 shall, as to an undivided one-half interest in the said minerals o^OT^au""^ 
 or ore, dredges, drills, steam shovels, elevators, wood, machinery mortgages as 
 and chattels, take priority over all mortgages and encumbrances to one-half 
 against the same; provided, that a lien registered under this gagea prior " 
 Ordinance shall not have priority over mortgages or encumbrances to June 9th, 
 registered prior to the ninth day of June, 1910. No. 2, 1910, s. 1. ^^^°- 
 
 REGISTRATION OF LIEN. 
 
 6. A claim of lien may be deposited in the office of the Claim of 
 Mining Recorder for the district in which the mine is situated 
 
 and shall state: 
 
 (a) The name and residence of the claimant and of the Particulars, 
 owner of the property to be charged, and of the person for 
 whom and upon whose credit the work is done or wood furnished, 
 and the time or period within which the same was or was to be 
 done or furnished; 
 
 (&) The work or wood furnished; 
 
 (c) The sum claimed as due or to become due; 
 
 (d) The description of the property to be charged; and, 
 
 (e) The date of the expiring of the period of credit agreed 
 to by the lien-holder for payment for his work or wood where 
 credit has been given. 
 
 2. Such claims shall be verified by the affidavit of the How verified, 
 claimant or his agent having a personal knowledge of the facts 
 sworn to. No. 14, 1903, s. 6. No. 2, 1910, s. 2. 
 
 T. A claim may include the claims of any number of No. of 
 miners, labourers or other persons aforesaid who may " *''"^' 
 choose to unite them in such case; each claimant shall verify 
 his claim by his affidavit but need not repeat the facts set out 
 in the claim. No. 14, 1903, s. 7. 
 
 8. The claim may be registered at any time within thirty Registration, 
 days after the last day's labour for which the wages are payable, 
 
 or on which wood was furnished, or within thirty days after 
 the time fixed for payment, or if the labour is performed or wood 
 furnished between the first day of November in any year 
 and the thirtieth day of April in the following year, at any time 
 before the said thirtieth day of April. No. 14, 1903, s. 8. 
 
 9. The Mining Recorder in whose office the lien is deposited Lien 
 shall forthwith forward to the Gold Commissioner a copy of oSd Com-° 
 such lien certified by him to be a true copy and the Gold Com- missioner. 
 missioner shall enter a memorandum thereof against the claim 
 described in said lien. No. 14, 1903, s. 9. No. 2, 1910, s. 2. 
 
 10. Every hen which has not been duly deposited under the Failure u> 
 provisions of this Ordinance shall absolutely cease to exist on the deposit lien. 
 
 70263— 37| 
 
580 
 
 Chap. 52. 
 
 Miners Ldens. 
 
 expiration of the time hereinbefore limited for the registration 
 thereof. No. 14, 1903, s. 10. 
 
 When lien 
 ceases to 
 exist. 
 
 PROCEEDINGS 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 registration of such lien 
 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 Gold Commissioner. No. 14, 1903, s. 11. 
 
 How 
 enforced. 
 
 12. Liens may be enforced by originating summons in which 
 shall be set forth the grounds upon which such lien is claimed, 
 Such summons shall be granted upon affidavit of the facts 
 set forth in said summons. No. 14, 1903, s. 12. No. 2, 1910, 
 s. 3. 
 
 'Oourt may 
 ifix liability. 
 
 Actions (or 
 ^iens united. 
 
 "Proceedings 
 in case of 
 death of 
 .►plaintiff. 
 
 Sale to 
 rsatisfylien. 
 
 Sale of 
 -wood. 
 
 ■Costs. 
 
 13. Upon such summons being granted the Court or judge 
 may after notice given to the various parties interested, including 
 the workmen on such 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 wood supplied. 
 No. 14, 1903, s. 13. 
 
 14. Any number of lien-holders may join in one summons 
 and any action brought by a lien-holder shall be taken to be 
 brought on behalf of all the lien-holders 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 
 t-o the said action. 
 
 2. In the event of the death of the plaintiff or his refusal 
 or neglect to proceed, any other lien-holder 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 
 sufficient 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 Teasonable notice thereof; 
 
 4. The said Court or judge may also direct the sale of any 
 wood, machinery and chattels charged with the lien; 
 
 5. When judgment is given in favour of a lien-holder the 
 Court or judge may add to the judgment the costs of and inci- 
 dental to registering the lien as well as the costs of the action; 
 
Miners Liens. Chap. 52. 581 
 
 6. Upon application the Court or judge may receive security Security. 
 or payment into Court in lieu of the amount of the claim, and 
 
 may thereupon vacate the registration of the lien; 
 
 7. The Court or judge t0&j annul the said registration upon Court majr 
 any other ground; annul. 
 
 8. In any case the Court or judge may proceed to hear and Court may- 
 determine the matter of the said lien and make such order as is ™*^'' order, 
 just, and in case the person claiming to be entitled to such lien 
 
 has wrongfully refused to give 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 pav the costs of the other party. No. 14 
 1903, s. 14. No. 2, 1910, !^•. 4. 
 
 DEATH OF LIEN-HOLDER. 
 
 15. In the event of the death of a lien-holder his right of lien Death or 
 shall pass to his personal representatives and the righ t of a lien- l>en-holder- 
 holder mav be assigned by any instrument in writing. No. 14, 
 
 1903, s. 15. 
 
 DISCHARGE OF LIEN. 
 
 16. A lien may be discharged by a receipt signed by the Discharge, 
 claimant or his agent and verified by affidavit and filed; such 
 
 recipt shall be numbered and entered like other instruments but 
 need not be copied in any book. No. 14, 1903, s. 16. 
 
 FEES. 
 
 17. The fee for registering any instrument under this Ordi- Fees, 
 nance shall be $2. No. 14, 1903, s. 17. 
 
 ENCUMBERED MINES. 
 
 18. Every owner or layman, or if such owner or layman is an Enoum- 
 incorporated company, or is absent from the Territory, the ^™noeB.. 
 manager or agent of such owner or laymen, who hires any person 
 
 to perform any work or service upon or in respect to or to place 
 or furnish any wood to be used in the working of any mine which 
 was encumbered prior to the passing of this Ordinance, shall 
 immediately upon such hiring give notice in writing to every 
 person holding any encumbrance upon such mine of the fact of 
 such hiring. Such notice may be in form A of the schedule to 
 this Ordinance. 
 
 2. Any person so hired may at any time give similar notice to Form or 
 every encumbrancee of such mine in form B of said schedule, notice. 
 No. 14, 1903, s. 18. 
 
 19. Any person failing to give such notice who fails to pay Penalty for 
 any. such person hired by him as in the next preceding section ^^^l^^^^g. 
 mentioned the full amount of wages due such person, shall be 
 
 liable to a penalty of not exceeding two hundred and fifty dollars 
 
582 
 
 Chap. 52. 
 
 Miners Liens. 
 
 Where 
 notice 
 
 given wages 
 take 
 priority. 
 
 No gold to 
 be removed 
 after the 
 lien has 
 been 
 registered. 
 
 Proceeding 
 in case of 
 dispute. 
 
 Representa- 
 tive at 
 clean-up. 
 
 Penalty for 
 violation. 
 
 and in default of payment of such penalty and the wages due such 
 person to imprisonment for a term not exceeding three months 
 unless he sooner pay such penalty and all wages due such person 
 unpaid in respect to such claim. No. 14, 1903, s. 19. 
 
 20. In every case where such notice has been given the claim 
 of every such person so hired for wages due in respect of such 
 hiring shall be a first lien on one-half of the output of such mine 
 unless the encumbrancee has, by notice in writing posted con- 
 spicuously on such mine or given personally to every such person 
 so hired, forbidden every such person to perform work or service 
 upon or in respect to or to place or furnish any wood to be used in 
 the working of such mine. No. 14, 1903, s. 20. 
 
 21. After a lien has been registered by any person so hired, 
 for money due him in respect of such hiring, against any placer 
 mine, it shall not be lawful for the owner or layman to remove 
 any gold from such mine, if the majority of the workmen to whom 
 wages are due for working in such mine, give him a written 
 notice in form C in the schedule to this Ordinance. After such 
 notice is given any person interested in such mine either on ac- 
 count of wages due him for working in such mine or as owner, 
 layman or encumbrancee, may notify the mining inspector re- 
 siding nearest to such mine, that a lien has been registered 
 against such mine, and that a majority of the workmen to whom 
 wages are due for working in such mine have forbidden the 
 removal of any gold therefrom, and upon receipt of such notice 
 the said mining inspector shall forthwith by himself or his agent 
 take possession of every dump, sluice box and all gold dust 
 produced from such mine, and make provision for obtaining 
 the gold therefrom at the expense of the owner or layman, and 
 apportioning so much of such gold dust as is necessary to pay 
 every such person not exceeding in the whole one-half of the gold 
 produced from such mine, if the same was encumbered prior to 
 the registration of such lien and paying the proper portion to 
 every such person, and the balance to the owner of the mine 
 or the encumbrancee. 
 
 2. If there is any dispute as to the amount of wages due any 
 workman in such mine, the said mining inspector shall deposit 
 with the clerk of the Territorial Court the gold dust produced 
 from such mine to abide the decision of a judge upon any action 
 to enforce such lien. No. 14, 1903, s. 21. 
 
 22. At every clean-up on any placer mine the men so hired 
 shall be entitled to have a representative present thereat, and 
 at the weighing of the gold dust obtained thereby, and it shall 
 the duty of such owner or layman to give to such representative, 
 if required, a statement in writing of the quantity of gold ob- 
 tained from time to time from every such mine. No. 14, 1903, 
 s. 22. 
 
 23. Any owner or layman who violates any of the provisions 
 of the next two preceding sections and fails to pay to every such 
 person so hired the amount due to such person in respect of such 
 
Miners Liens. Chap. 52. 583 
 
 hiring , shall be liable to a penalty not exceeding $250 and in 
 default of payment of such penalty and the wages due by him, 
 to imprisonment for a term not exceeding three months, unless he 
 sooner pay such penalty and the amount due and unpaid in 
 respect to such wages. No. 14, 1903, s. 23. 
 
 FORMS. 
 
 24. The forms prescribed in the Mechanics Lien Ordinance ^orms- 
 may be used in all proceedings under the Miners Lien Ordinance. 
 No. 14, 1903, s. 24. 
 
 SCHEDULE. 
 FORM A.— Sec. 18. 
 
 To Take notice that I have 
 
 hired the following men to work mining claim No. 
 (here give the ordinary description of the claim so as to clearly 
 identify it and a list of the men hired) and that I propose to 
 work such claim and appropriate one-half of the gold received 
 therefrom to pay for the labour of such men, and of any other 
 men who may be hired to Work same, whose names will be fur- 
 nished by me to you when they are hired. 
 
 Take further notice that unless you give notice in writing ob- 
 jecting to such hiring, that the wages of such men will be given 
 priority to your mortgage as to such one-half of the gold received. 
 
 FORM B.— Sec. 18 (2). 
 
 To Take notice that A. B. 
 
 (naming mine owner or layman) has hired me and certain other 
 men to work mining claim number (here give the 
 
 ordinary description of the claim so as to clearly identify it) and 
 that he proposes to work such claim and to appropriate one-half 
 of the gold therefrom to pay the wages of myself and such men 
 and any other men who may be hired by him for the same 
 purpose. 
 
 Take further notice that unless you give notice in writing 
 objecting to such hiring, that the wages of myself and such other 
 men will be given priority to your mortgage as to such one-half 
 of the gold dust received. 
 
 FORM C— Sec. 22. 
 
 To Take notice that 
 
 (name of workman who has filed a lien) has filed a lien against 
 mining claim No. (here give the ordinary description 
 
 of the claim so as to clearly identify it) and that we the under- 
 signed being a majority of the workmen on said claim, forbid 
 the further working of the same by you until all wages due to 
 the workmen on said claim are paid. 
 
5&4 
 
 Chap. 53. 
 
 Woodman's Liens. 
 
 CHAP 53- 
 
 An Ordinance respecting Liens in favour of Woodmen 
 
 and Others. 
 
 Short title. 
 
 1. This Ordinance may be cited as the Woodman's Lien 
 Ordinance. No. 8, 1905, s. 1. 
 
 Logs pr 
 timber. 
 
 Labour, &c. 
 
 2. Where the words following occur in this Ordinance, they 
 shall be construed in the manner hereinafter mentioned, unless 
 a contrary intention appears: 
 
 1. The words "logs or timber" shall mean and include logs, 
 timber, piles, posts, telegraph and telephone poles, ties, mining 
 props, shingle bolts, staves, fire wood or any of them; 
 
 2. The words "labour," " service," or "services" shall 
 mean and include cutting, skidding, felling, hauling, scaling, 
 banking, piling, driving, running, rafting or booming any logs 
 or timber, and any work done by cooks, blacksmiths, artisans, 
 and others usually employed in connection therewith; 
 
 3. The word "person" in section 3 of this Ordinance shall 
 be interpreted to include cooks, blacksmiths, artisans and all 
 others usually employed in connection with such labour and 
 services. No. 8, 1905, s. 2. 
 
 Labourer to 
 have lien 
 on logs. 
 
 Statement in 
 writing 
 must be 
 filed. 
 
 What to 
 contain. 
 
 3. Any person performing any labour service or services in 
 connection with any logs or timber in the Yukon Territory shall 
 have a lien thereon for the amount due for such labour, service 
 or services, and the same shall be deemed a first lien or charge 
 on such logs or timber, and shall have precedence of all other 
 claims or liens thereon, except any lien or claim which the 
 Crown may have upon such logs or timber for or in respect of 
 any dues or charges, or which any timber slide company, or 
 owner of slides and booms, may have thereon for or in respect 
 of tolls. No. 8, 1905, s. 3. 
 
 4. The lien provided for in section 3 shall not attach or remain 
 a charge on the logs or timber unless and until a statement 
 thereof in writing, verified upon oath by the person claiming 
 such lien or some one authorized on his behalf, shall be filed 
 in the office of the clerk of the Territorial Court of the Yukon 
 Territory. No. 8, 1905, s. 4. 
 
 5. Such statement shall set out briefly the nature of the debt, 
 demand or claim, the amount due to the claimant, as near as 
 may be, over and above all legal claims by way of set-offs or 
 counter claims, and a description of the logs or timber upon or 
 against which the lien is claimed, and shall be in the form set 
 out in the schedule to this Ordinance or to the like effect. No. 
 8, 1905, s. 5. 
 
Woodvian's Liens. Chap. 53. 585 
 
 6. Such statement shall be filed within thirty days after Time, 
 the last day such labour or services were performed; provided 
 that no sale or transfer of the logs or timber upon which a lien 
 is claimed under this Ordinance during the time limited for the 
 filing of such statement of claim, and previous to the filing 
 thereof, or after filing thereof and during the time limited for 
 the enforcement thereof, shall in anywise affect such lien, but 
 such lien shall remain and be in force against such logs or timber 
 in whosesoever possession the same shall be found, except sawn 
 timber sold in the ordinary course of business. No. 8, 1905, 
 s. 6. 
 
 7. Any person or persons having a lien upon or against Time 
 any logs or timber may enforce the same by suit in the Territorial ""?*.^i" 
 Court of the Yukon Territory; and such lien claim shall cease ^oceedings 
 to be a lien upon the property named in such statement imless must be 
 the proceedings to enforce the same be commenced within ^^^"■ 
 thirty days after the filing of the statement of claim or after 
 
 the expiry of the period of credit. In all such suits the person, 
 company or corporation liable for the payment of such debt or 
 claim shall be made the party defendant. 
 
 2. There shall be attached to or indorsed upon such writ Copy of lien 
 of summons a copy of the statement of claim filed as hereinbefore "^^i'^ o" 
 provided; and no other statement of claim shall be necessary ^" " 
 unless ordered by the Court or judge, and no pleadings or 
 notice of dispute or defence, other than such as are required in 
 a suit or proceeding in the said court, shall be necessary. In 
 case no defence is filed, judgment may be signed and execution 
 issued, according to the practice of the said Court. No. 8, 
 1905, s. 7. 
 
 8. The Court or judge may order any particulars to be given Particulars 
 or any proper or necessary amendments to be made, or may ™|y ''5 
 add or strike out the names of parties at any time, and may 
 
 set aside judgment and permit a defence to be entered or filed, 
 on such terms as to the Court or judge shall appear proper. 
 The writ shall be in the form as near as may be, of that in use 
 in the Territorial Court of the Yukon Territory and the practice 
 thereafter shall follow as nearly as may be that of the said Court. 
 Writs may be served anywhere in the Territory in the same 
 manner as in other cases, and the judgment shall declare that 
 the same is for wages, the amount thereof and costs, and that 
 the plaintiff has a lien therefor on the property described when 
 such is the case. No. 8, 1905, s. 8. 
 
 9. Where an execution has issiied and has been placed in Execution 
 the sheriff's hands for execution, and no attachment has been s^'^- 
 issued, the proceedings for the enforcement of the lien shall be 
 
 by sale under the execution; and the proceedings relating to 
 proof of other claims, and the payment of money into court 
 and the distribution of the moneys and otherwise, shall, as far 
 as practicable, be the same as is hereinafter provided for pro- 
 ceedings upon and subsequent to an attachment. No. 8, 1905, 
 s. 9. 
 
586 
 
 Chap. 53. 
 
 Woodman's Liens. 
 
 Statement 
 of claim 
 and defence. 
 
 lO. Where an attachment issues in the first instance, the 
 statement of claim and defence, and proceedings to judgment, 
 may be the same, as hereinbefore provided; where a suit has 
 been begun by writ of summons, and where an attachment 
 issues after proceedings have been begun by writ of summons, 
 the proceedings shall continue and be carried to judgment under 
 the writ of summons, except such as are necessary to be taken 
 under the attachment. No. 8, 1905, s. 10. 
 
 Form of 
 attachment 
 same as in 
 use in 
 Territorial 
 Court. 
 
 Judge may 
 dispose of 
 summarily. 
 
 Judge may 
 decide 
 motion to 
 set aside 
 
 Under what 
 circum- ^a 
 stances' S^- 
 attachment 
 to issue. 
 
 Second 
 seizure 
 may be 
 made. 
 
 11. The form of writ of attachment shall be as nearly as 
 may be, the same as is in use in the Territorial Court of the 
 Yukon Territory. The Judge of the Territorial Court of the 
 Yukon Territory may prepare and adopt rules and forms not 
 inconsistent with the provisions of this Ordinance for the more 
 convenient carrying out in the said Court the provisions of this 
 Ordinance. No. 8, 1905, s. 11. 
 
 12. The judge may direct that any case shall be disposed 
 of summarily by him in chambers without waiting for the regular 
 sittings of the Court, upon such terms as to notice and otherwise 
 as the order shall provide, and the same may be so heard and 
 disposed of. 
 
 2. The judge may also entertain in chambers any application 
 to set aside a writ of summons or of an attachment or seizure, 
 or to release logs or timber that have been seized, and may 
 summarily dispose of the same. No. 8, 1905, s. 12. 
 
 13. Upon the production and filing of a copy of such claim 
 and affidavit, and upon the filing of an affidavit made and sworn 
 by the claimant of the amount of the claim due and owing, and 
 showing that the same has been filed as aforesaid, and stating 
 that : — 
 
 (a) He has good reason to believe, and does believe, that the 
 logs or timber are about being removed out of the Yukon 
 Territory; or 
 
 (&) That the person indebted for the amount of such lien has 
 absconded or is about to abscond from the said Territory with 
 intent to defraud or defeat his creditors; or 
 
 (c) That the logs or timber are about being cut into lumber 
 or timber or otherwise dealt with so that the same cannot be 
 identified; 
 
 (d) And that he is in danger of losing his claim if an attach- 
 ment do not issue, and if affidavits corroborating the affidavit 
 of the plaintiff in respect of paragraphs (a), (b) or (c) be also 
 filed, then the clerk of the Territorial Court of the Yukon 
 Territory shall issue a writ of attachment directed to the sheriff 
 of the Yukon Territory, commanding him to attach, seize and 
 take and safely keep the said logs or timber, or such portion of 
 them as may be necessary to satisfy the amount claimed and 
 the costs of the suit, and of proceedings to enforce the lien. 
 
 2. Where additional claims are made, or the amount of claim 
 is increased, or a sufficient seizure has not been made, a second 
 or subsequent seizure may be made either under execution or 
 attachment.- No. 8, 1905, s. 13. 
 
Woodman's Liens. Chap. 53. 587 
 
 14:. The plaintiff may, at any time within six months from Concurrent 
 the date of the original writ of attachment, issue from the office ^"*- 
 whence the original writ issued one or more concurrent writ or 
 writs of attachment, to bear test on the same day as the original 
 writ, and to be marked by the officer issuing the same with the 
 word "Concurrent" in the margin, which concurrent writ or 
 writs of attachment shall be directed to the sheriff of the Yukon 
 Territory, and need not be sued out in duplicate, or be served 
 on the defendant but shall operate merely for the attachment 
 of the said logs or timber in aid of the original writ. No. 8, 
 1905, s. 14. 
 
 15. The writ of attachment shall, if no writ or summons Defendant 
 has issued, summon the defendant to appear before the Court wrh^^'^^'^ ° 
 out of which the writ of attachment has issued, and a copy of the 
 
 writ of attachment shall be served upon the defendant and if 
 the defendant in such attachment is not the owner of the logs 
 or timber described in the writ, then a copy of the writ shall also 
 be served upon the owner of said logs or timber or upon the 
 person or agent in whose possession, custody or control they may 
 be found, for him; 
 
 2. In case the defendant or owner cannot be found within the Judge to 
 Territory; or the owner cannot be ascertained, and no agent or method of 
 person is in possession for the oWner, the writ may be served in service if 
 such manner as the judge shall by order direct, but when the owner ^cannot 
 writ is served upon an agent or other person in possession as afore- 
 said, the order of the judge allowing the said service shall be 
 necessary; 
 
 3. Where the service has not been personal upon either the Where no 
 defendant or owner, and where a proper defence has not been s|^i°e^ 
 made, the judge may, in his discretion, admit them or either of Judge may 
 them to make full defence, and may make such order in the pre- permit 
 mises as may be reasonable and just to all parties. No. 8, 1905, 
 
 s. 15. 
 
 16. No sheriff or his agent shall seize or detain any logs or No seizure 
 timber under the provisions of this Ordinance when in transit ^^nsit" 
 from the place where cut to the place of destination when such 
 
 place of destination is within the Yukon Territory, but in case 
 such logs or timber are so in transit or are in the possession of any 
 booming company or other corporation or person, for the purpose Service to 
 of being driven or sorted or delivered to the owners, or to satisfy plr^n "^^ "^ 
 any statutory lien, then attachment of said logs or timber may holding logs. 
 be made by serving a copy of said attachment upon the person 
 or corporation driving or holding the same, who shall from the 
 time of such service, be deemed to hold the same, both on their 
 own behalf and for the said sheriff to the extent of the lien, 
 until the logs or timber can be driven and sorted out; and when 
 driven or sorted out, the sheriff may receive the said logs or 
 timber from such person or corporation, and the statutory lien 
 of such person or corporation shall not be released by the 
 holding of such sheriff or his agents. No. 8, 1905, s. 16. 
 
588 
 
 Chap. 53. 
 
 Woodman's Liens. 
 
 H bond 
 furnished 
 loga to be 
 ^:eleased. 
 
 Dispute to be 
 filed. 
 
 17. In case of an attachment, if the owner of said logs or 
 timber, or any person in his behalf, shall execute and file with the 
 clerk of the Com-t out of which the attachment has issued, a good 
 and sufficient bond to the person claiming the lien, executed by 
 two sureties and approved by the said clerk, and conditioned 
 for the payment of all claims, damages, costs, charges, disburse- 
 ments and expenses that may be recovered by the claimant in 
 such proceedings, together with the amount for which a lien is 
 claimed in any other suit, by the same or other party, if any, the 
 clerk shall issue an order to the sheriff having in charge the logs 
 or timber, directing their release, and upon service of such order 
 upon the sheriff, he shall release the same. No. 8, 1905, s. 17. 
 
 18. Any person who shall have been served with a copy of the 
 Writ of Attachment under the preceding sections, and who may 
 desire to dispute the same, shall within fourteen days after such 
 service, file in the Court in which proceedings are pending, a 
 notice that he or they dispute the claim upon the lien in whole 
 or part. No. 8, 1905, s. 18. 
 
 If no 
 dispute 
 judgment 
 by default. 
 
 19. If no notice of dispute be filed under the preceding section, 
 judgment may be entered as in the case of default, and the 
 practice or procedure shall be the same as in a suit begun by writ 
 of summons. No. 8, 1905, s. 19. 
 
 If amount 
 of lien paid 
 into court 
 logs to be 
 released. 
 
 20. The defendant may at any time after service of the writ of 
 summons or attachment, and before the sale of the logs or tim- 
 ber, pay into court the amount for which a lien is claimed in the 
 suit, together with the amount for which a lien is claimed in any 
 other suit if any, together with costs of the proceedings thereon 
 to the date of such payment, taxed by the clerk of the Court if 
 so required, and the person making such payment shall there- 
 upon be entitled to a certificate vacating the said lien, and upon 
 said certificate being filed with the clerk of the Court in which 
 the original statement of claim was filed, the said lien shall be 
 vacated and all further proceedings thereon shall cease, and the 
 person making such payment shall further be entitled to an order 
 directing the delivery up of the logs or timber seized under the 
 attachment and the cancellation of anv l^ond given under 
 section 17 of this Ordinance. No. 8, 1905, s. 20. 
 
 Judge to 
 summon all 
 persons 
 
 interested. 
 
 21. After the expiration of the time hereinbefore named 
 within which notice of dispute may be filed, the judge may, 
 upon application of the claimant, issue an appointment naming 
 a day upon which all persons claiming a lien on the logs or 
 timber shall appear before the judge in person, or by their solicitor, 
 or agent, for the adjustment of their claims and the settlement 
 of accounts, and the said appointment shall be served upon 
 the defendant and upon the owner, if the judg€ so directs, 
 and shall also, if the judge so directs, be published once a week 
 for two weeks, before the day named in said appointment, 
 in a newspaper published in the Yukon Territory. 
 
Woodman's Liens. Chap. 53. 589 
 
 2. Provided further, that a copy of such appointment shall ^°W}%^^ 
 be mailed by registered letter to every holder of a claim known to ^ery holder 
 the plaintiff as such holder at least two weeks before the day of claim, 
 named in the appointment, directed to the post office address 
 of such claimant where the same is known, and if not known, 
 then to his last known address. No. 8, 1905, s. 21. 
 
 22. Upon the day named in said appointment and All 
 advertisement, the persons served with a copy thereof, and all ti'^attend 
 other persons claiming a iien on said logs or timber, who have 
 
 prior to the said date filed with the clerk of the proper Court 
 a notice claiming such lien on said logs or timber and stating 
 the nature and amount of such claim, shall attend before the 
 judge named in the appointment and advertisement. 
 
 2. Where claims are brought pursuant to notice they may claims may 
 be established prima facie by affidavit, but any party interested *'*',,., 
 shall be at liberty to cross-examine the deponents, and the byliffidavit. 
 judge may require that the claim be established in open Court 
 as in other cases. No. 8, 1905, s. 22. 
 
 23. The judge shall hear all parties and take all accounts .Judge to 
 necessary to determine the amounts, if any, due to them or any fi^^^g ^ooats 
 of them, or to any other holders of liens who may be called priorities, &c'. 
 by the judge to prove their lien, and shall tax to them their 
 
 costs, and determine by whom the same shall be payable, and 
 settle their priorities and generally determine all such matters 
 as may be necessary for the adjustment of the rights of the 
 several parties. No. 8, 1905, s. 23. 
 
 24. At the conclusion of the inquiry the judge may allow Judge to 
 time not exceeding ten days for the payment into the Court in ^^(> report 
 which proceedings are pending of the amounts, if any so found payment 
 due, and the costs, and shall direct that in default of such i"to Court, 
 payment, the logs or timber shall be sold by the sheriff for the 
 satisfaction of the amounts found due to the several parties 
 
 upon the inquiry and costs. No. 8, 1905, s. 24. 
 
 25. In default of payment into Court under the next in default 
 preceding section within the time named in the order therefor, of payment 
 the said logs or timber shall, within twenty days thereafter, ggf J a°nd'^ 
 be sold by the sheriff holding the same, in the same manner and proceeds 
 subject to the same provisions of law as goods seized or taken cwt"aml 
 in execution, unless the judge shall direct that additional paid out 
 publicity shall be given to the sale, and the amount realized J"'" ™"' 
 by such sale shall after deducting the expenses thereof payable 
 
 to the sheriff be paid into the Court in which the proceed- 
 ings are pending, and shall upon the application of the several 
 parties found to be entitled thereto under the order of the judge, 
 be paid forthwith out to them by the clerk of the said Court. 
 
 2. Provided, where the amount realized upon the sale is not 
 sufficient to pay the claims in full and costs, the judge shall 
 apportion the amount realized pro rata among the different 
 claimants. No. 8, 1905, s. 25. 
 
590 
 
 Chap. 53. 
 
 Woodman's Liens. 
 
 If balance 
 Btill due 
 execution 
 may issue. 
 
 26. If, after such sale and the distribution of the proceeds 
 thereof under the next preceding section, any balance shall 
 remain due to any perspn under the said order of the judge, 
 the clerk of the Court shall, upon application of such person, 
 give to him a certificate that such amount remains due, which 
 certificate may be entered as a judgment in any court having 
 jurisdiction against the person or persons by whom the claim was 
 directed to be paid, and execution may be is^ed thereupon 
 as in the case of other judgments in said Court. No. 8, 1905, 
 s. 26. 
 
 Lien may be 
 discharged 
 when 
 nothing 
 found due. 
 
 27. Where nothing shall be found due upon the several 
 claims filed in any proceedings under this Ordinance, or upon 
 the lien or liens with respect to which proceedings have been 
 taken, the judge may direct that, the lien or liens be discharged 
 and the logs or timber released, or security given therefor 
 delivered up and cancelled, and shall also by such order, direct 
 payment forthwith of any costs which may be found due to the 
 defendant or the owner of the said logs or timber. No. 8, 1905, 
 s. 27. 
 
 Tarifi of 
 costs. 
 
 28. The costs to be taxed to any party shall, as far as possible, 
 be according to the tariff of costs in force as to other proceedings 
 in the Territorial Court of the Yukon Territory. No. 8, 1905, 
 s. 28. 
 
 Surplus of 
 sale to be 
 paid to 
 party 
 entitled. 
 
 29. Where more money shall be paid into Court as the 
 proceeds of the sale of logs or timber than shall be required to 
 satisfy the liens which shall be proved, and interest and costs, 
 the judge may order the payment out of Court of any remaining 
 moneys to the party entitled to the same. No. 8, 1905, s. 29. 
 
 Application 30. Any person affected by proceedings taken under this 
 mav'be'^ Ordinance may apply to the judge to dismiss the same for want 
 made to of due prosecution, and the judge may make such order upon 
 judge. the application as to costs or otherwise as may be just. 
 
 Other parties 2. The judge may at any stage of any proceedings, on the 
 maybe application of any party, or as he may see fit, order that any 
 
 person who may be deemed a necessary party to any such 
 proceedings be added as a party thereto or be served with any 
 process or notice provided for by this Ordinance, and the judge 
 may make such order as to the costs of adding such person or 
 corporation or as to such service, as may be just. No. 8, 1905, 
 s. 30. 
 
 added. 
 
 Other 
 remedies 
 not barred . 
 
 31. Nothing in this Ordinance contained shall be deemed to 
 disentitle any person to any other remedy than that afforded 
 by this Ordinance for the recovery of any amount due in respect 
 of labour or services performed upon or in connection with any 
 logs or timber, and where a suit is brought to enforce a lien, but 
 no lien shall be found due, judgment may be directed for the 
 amount found due as in an ordinary case. No. 8, 1905, s. 31. 
 
Woodman's Liens. Chap. 53. 591 
 
 33. Any number of lien-holders may join in taking proceed- Lien- 
 ings under this Ordinance, or may assign their claims to any one mayTo^in in 
 or more persons, but the statement of claim to be filed under this action. 
 Ordinance shall include particular statements of the several 
 claims of persons so joining, and shall be verified by the affidavits 
 of such persons so joining, or separate statements of claim may be 
 filed and verified as by this Ordinance provided, and on writ of 
 attachment issued on behalf of all the persons so joining. No. 8 
 1905, s. 32. 
 
 33. If more than one suit be commenced under the provisions Defendant 
 of this Ordinance in respect of the same logs, the defendants, or ™f^-^ ^^^f 
 any of them, may apply to have the suits consolidated, and soiidated. 
 failing to do so, he or they shall pay the costs of such additional 
 
 suit or suits as may be decided against them. No. 8, 1905, s. 33. 
 
 34. The procedure regulating the practice in actions brought ^'■°''?<1"F^, °' 
 in the Territorial Court of the Yukon Territory, shall so far as Court to^ 
 
 it is not inconsistent with this Ordinance, regulate proceedings apply. 
 under this Ordinance. No. 8, 1905, s. 34. 
 
 39. Affidavits and affirmations under this Ordinance may be Affidavits, 
 sworn before any judge, police magistrate, stipendiary magis- ^or^^^ ^^ 
 trate, notary public, or justice of the peace, or before any com- before 
 missioner authorized to take affidavits to be read in the Terri- E?'^?®, 
 torial Court. No. 8, 1905, s. 35. Notary' /' 
 
 Commis- 
 
 AFFIDAVIT TO BE ATTACHED TO STATEMENT OF ''°'"'''' *"■ 
 
 CLAIM. 
 
 I, make oath and 
 
 say that I have read (or have heard read) the foregoing state- 
 ment of claim and I say that the facts therein set forth are, to the 
 best of my knowledge and belief, true and the amount claimed to 
 be due and owing to me in respect to my lien is the just and true 
 amount due and owing to me in giving credit for all sums of 
 money for goods or merchandise to which the said (naming the 
 debtor) is entitled to as credit against me. 
 Sworn to at 
 
 in the Yukon Territory, the day of A.D. 
 
 before me 
 A Commissioner for taking affidavits in and for the Yukon 
 Territorv. 
 
 SCHEDULE. 
 
 (Section 5.) 
 
 STATEMENT OF CLAIM OF LIEN. 
 
 A. B. (name of claimant) of (here state residence of claimant) 
 (if so), as assignee of (here state name and address of assignor) 
 under the Woodman's Lien Ordinance, claims a lien upon 
 
592 Chap. 53. Woodman's Liens. 
 
 certain logs or timber of (here state the name and residence of 
 the owner of the logs or timber upon which the lien is claimed, 
 if known), upon the logs and timber composed of (state the kinds 
 of logs and timber such as fir, saw logs, cedar or other posts, or 
 railway ties, shingle bolts or staves, or fire wood, etc., also where 
 situate at time of filing of statement) in respect of the following 
 work, that is to say (here give a short description of the work done 
 for which lien is claimed), which work was done for (here state 
 the name and residence of the person upon whose credit the 
 work was done) between the day of 
 
 and the day of , at 
 
 (per month or day as the case maybe). The amount claimed 
 as due (or to become due) is the sum of (when 
 
 credit has been given) the said work was done on credit, and the 
 period of credit will expire on the day of 
 
 Dated at this day of 
 
 A.D. 
 
 Signature of Claimant- 
 
Personal Judgments in Lien Actions. Chap. 54. 593 
 
 CHAP. 54. 
 
 An Ordinance respecting Personal Judgments in 
 Lien Actions. 
 
 1. In all actions in the Territorial Court for the enforcement Enforcement 
 of liens in favour of woodmen under Chapter 8 of 1905, or in anrminere" ^ 
 actions under the Miners Lien Ordinance passed on the 26th May, liens. 
 1906, by His Excellency the Governor General in Council, or in 
 any other action for the enforcement of liens of any kind created 
 either by ordinance of the Governor General in Council or by an 
 ordinance of this Territory, the Territorial Court may, in dis- 
 posing of the said actions, whether by originating summons or 
 otherwise, give judgment for the amount found to be due to the 
 party claiming, where the same attaches by virtue of any of 
 the said ordinances as a lien, or whether a valid lien attaches or 
 not, and whenever any such action is brought under the provi- 
 sions of either of the said ordinances or any other ordinance of 
 like kind and any claimant or claimants shall fail for any reason 
 to establish a valid lien he or they may nevertheless recover there- 
 in a personal judgment against any party or parties to the action 
 for such sum or sums as may appear to be due to him or them 
 and which he or they may recover in an action on contract 
 against such party or parties. No. 6, 1909, s. 1. 
 
 3. All judgments which may be given in favour of such i^en-holdera 
 lien-holders shall adjudge that the person or persons personally deficiency 
 liable for the amount of the judgment shall pay any deficiency o" judgment. 
 which may remain after sale of the property adjudged to be 
 sold, and whenever on a sale of any property to satisfy a lien 
 under any such ordinance sufficient to satisfy the judgment 
 and costs is not realized therefrom the deficiency may be 
 recovered by execution against the property of such person 
 or persons. No. 6, 1909, s. 2. 
 
 3. In an action by way of originating summons to enforce ^^^"^g 
 any such lien as aforesaid the defendants therein may appear 
 
 and raise such defences, counter claims and set-off as might 
 be raised in any action in the Territorial Court and may, upon 
 such actions, pay into court any money alleged by them to be 
 due, and the court or judge in determining any such actions 
 for lien as aforesaid may, whether defences are raised by the 
 defendants or not, dispose of all matters arising upon the 
 evidence as if such defences had been raised in answer. No. 6, 
 1909, s. 2. 
 
 4, The owner or owners of any pay dump or dumps, pay ?^^y .^ 
 gravel, ore, mine or mines or claim, or of any wood, machinery may pay 
 or chattel property affected by such judgment as aforesaid, or judgment. 
 
 70263—38 
 
594 
 
 Chap. 54. Personal Judgments in Lien Actions. 
 
 Party 
 interested 
 may obtain 
 aSBignment. 
 
 Rules of 
 Territorial 
 Court to 
 govern. 
 
 any contractor affected by the same, may pay or satisfy such 
 judgment and shall thereupon be entitled to have assigned 
 to him or them or a trustee for him or them such judgment, and 
 such owner or owners shall be entitled to stand in the place 
 of such judgment creditor or creditors or lien-holders and to use 
 in his or their own name or names all the remedies of the judg- 
 ment creditor or creditors for the recovery of the said debt. 
 No. 6, 1909, s. 4. 
 
 5. Upon the sale of any such pay dump or dumps, pay 
 gravel, ore, mine or mines or claim, or of any wood, machinery 
 or chattel property, the owner or owners thereof, or any contrac- 
 tor affected thereby, shall be entitled to an assignment of such 
 judgment as aforesaid on' payment of the balance not realized 
 on such sale with all costs of sale, and such owner or owners 
 or contractor shall be entitled to stand in the place of such 
 judgment creditor or creditors or lien-holder or lien-holders 
 and to use in his or their own name all the remedies of the said 
 judgment creditor or creditors for the recovery of the said 
 debt. No. 6, 1909, s. 5. 
 
 ©. The rules of the Territorial Court shall govern when 
 applicable in such actions. No. 6, 1909, s. 6. 
 
Limitation of Actions. Chap. 55. 595 
 
 CHAP. 55. 
 
 An Ordinance respecting Limitation of Actions in 
 Certain Cases. 
 
 1. All actions for recovery of merchants accounts, bills, Actions on 
 notes, and all actions of debt grounded upon any lending or gJJ^t'racts 
 other contract without specialty shall be commenced within 
 six years after the cause of such action arose. C.O.Y.T. c. 29, 
 s. 1. 
 
 3. No action for assault, battery, wounding, imprisonment Action for 
 or for words shall be commenced but within Wo years after defamation 
 the cause of action. No. 6, 1914, s. 1. etc. 
 
 3. No acknowledgment or promise shall be evidence of a Acknowledg- 
 new or continuing contract or liability whereby to take any {^ability to 
 case out of the operation of the provisions of this Ordinance be in 
 
 or to deprive any party of the benefit thereof unless such acknow- anting. 
 ledgment or promise be in writing, signed by the party chargeable j^gg^j. ^^ 
 thereby, but a payment made on account of any such debt shall payment on 
 have the effect of such acknowledgment or promise. No. 6, account. 
 1914, s. 1. 
 
 4. No person jointly contracting, or liable, or his represen- Acknowledg- 
 tatives, shall be answerable for or by reason of any payment, ^ntra'ctor"' 
 acknowledgment, or promise of his co-contractor, or creditor 
 
 or his representatives. No. 6, 1914, s. 1. 
 
 liGCOvcrv 
 
 5. In actions against persons jointly contracting or liable, against 
 
 •or their representatives, the plaintiff may recover against one one Joint 
 of the parties though barred by the provisions of this Ordinance though 
 as to the other. No. 6, 1914, s. 1. barred 
 
 against 
 other. 
 
 6. This Chapter shall apply to any demand alleged by way Chapter 
 of set-off or counter -claim on the part of any defendant. No. 6, l^f^^^ 
 
 1914, S. 1. counter- 
 
 claim. 
 
 T. If the defendant is deprived of the benefit of his set-off I" case of 
 or counter-claim by the non-suit or any act of tbe plaintiff he new action 
 may bring a new action therefor within one year thereafter for set-off 
 No. 6, 1914, s. 1. "far."*"" 
 
 8. Actions by or against minors, persons insane or out of Disability or 
 the Territory may be commenced within the like period after parties^ °^ 
 the removal, of the disability or the return of such persons to the 
 Territory, as is allowed for bringing the action in ordinary 
 cases. No. 6, 1914, s. 1. 
 
 70263— 38i 
 
696 Chap. 55. Limitation of Actions. 
 
 Tke Real 9. The provisions of The Real Property Limitation Act, 1874, 
 
 Lim^Uon being chapter 57 of the Statutes of the Imperial . Parliament, 
 Act (Imp. ) passed in the thirty-seventh and thirty-eighth years of Her 
 tn force. 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. C.O.Y.T. c. 29, s. 2. 
 
Liquor Licenses. Chap. 56. 597 
 
 CHAP. 56. 
 
 An Ordinance respecting Intoxicating Liquors. 
 
 1. This Ordinance may be cited as The Liquor License Short title. 
 Ordinance. C.O.Y.T., c. 76, s. 1. 
 
 INT'EHPRETATION. 
 
 3. In this Ordinance and in the schedules thereto the words interpretation, 
 and expressions following shall, unless such interpretation 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 Yukon "Com- 
 Territory. _ missioner." 
 
 3. "Magistrate" means a justice of the peace or a stipendiary "Magistrate.' 
 magistrate, or police magistrate. 
 
 4. "Town" includes towns incorporated under the Town's "Town.' 
 Ordinance and the settlements known as Whitehorse and 
 Klondike City. 
 
 5. "Hotel License" means and includes every license granted "Hotel 
 for the sale by retail of fermented, spirituous or other liquors, l^i^ense." 
 which may be consumed on the premises on which the same is 
 
 sold, whether "hotel" premises or not. 
 
 6. "Saloon License" means and includes every license granted ''?*l°°",, 
 for the sale by retail of fermented, spirituous or 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 this "Licensee/' 
 Ordinance. 
 
 8. "Person" includes every member of a firm, and the servant, "Person." 
 office-holder, agent of a company or body of persons 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 is in P'^^'^'ses." 
 force and extends to every room, closet, cellar, yard, stable, 
 outhouse, 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. 
 
 11. "Public bar" or "bars" means and includes any room, "Public 
 passage or lobby in any licensed premises into which the public '^^'"■" 
 may enter and purchase liquors. 
 
 12. " Chief Inspector" means Chief Inspector of Licenses. "Chief \ ^ 
 
 13. "Inspector" means Inspector of a district or for the ^"^p^"*^""-" 
 Territory, as the case may be. 
 
598 
 
 Chap. 5G. 
 
 Liquor Licenses. 
 
 "Sale by- 
 retail." 
 
 "Judge." 
 
 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. CO. 
 Y.T. c. 76, s. 2. 
 
 Not to apply 
 to native 
 wines. 
 
 Nor 
 auctioneers. 
 
 Nor 
 B-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 sale of such wine in quantities of 
 not less than one gallon or not less than two bottles of three 
 half-pints each at one time at the place of manufacture. 
 
 2. To any person who holds a license as auctioneer, selling 
 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 instructions 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 purpose 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 Royal Northwest 
 Mounted Police and the permanent military force established 
 under proper authority; such sale to be restricted to members 
 of the Royal Northwest Mounted Police and the permanent 
 military force. 
 
 4. To the sale of any liquor by virtue of an execution or any 
 other judicial process. C.O.Y.T. c. 76, s. 3. 
 
 LICENSED DISTRICTS. 
 
 liicense 
 <listrictB. 
 
 4. The commissioner may establish districts for the purposes 
 of this Ordinance, to be called licensed districts, and may from, 
 time to time alter and re-define the same; until the establish- 
 ment of such districts the Yukon Territory shall form one 
 license district. C.O.Y.T. c. 76, s. 4. 
 
 LICENSE COMMISSIONERS. 
 
 Board of 5. fhe Commissioner may appoint a Board of License 
 
 commis- Commissioners consisting of three persons for each license 
 
 sionere. district, who shall hold office 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, but may be 
 
 reappointed, and such 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 : 
 
 License com- 2. Every License Commissioner shall forthwith after his 
 
 to take oath, appointment and before performing any duties of his office, 
 
 take and subscribe the following oath or affirmation: 
 Oath. I (name in full) do hereby solemnly swear (or ■ affirm) that 
 
 I will faithfully perform my duty as a License Commissioner 
 for the license district number So help me God. 
 
Ldquor Licenses. Chap. 56. 599 
 
 Sworn (or affirmed) before me at , in the Yukon 
 
 TerritQry, this day of , A.D. 19 
 
 A Commissioner, etc. 
 
 (In case of an affirmation the words "So help me God" 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 f^"L^^'*'''' 
 license shall be issued upon the recommendation of the License 
 Commissioner except as hereinafter provided. C.O.Y.T. c. 76, 
 s. 5. 
 
 ©. The License Commissioners shall sit during the month License 
 of June in each year at such place and upon such date as is s^m^*^ 
 arranged and notified to them by the Chief Inspector, to receive to sit in June, 
 .and dispose of applications for licenses. C.O.Y.T. c. 76, s. 6. 
 
 7. At such meeting the License Commissioners may adjourn Meeting may 
 the hearing of any application to any other place and time, ^'^J""™- 
 
 if they see fit. 
 
 2. The License Commissioners may be called together at Otl^ef 
 
 any time by the Chief Inspector and they may meet at any be^^Ued .'"*'' 
 time of their own motion. 
 
 3. If from any cause a majority of the License Commis- if quorum not 
 sioners fail to be present on the day fixed for the meeting, ^iSg 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. C.O.Y.T. 
 c. 76, s. 7. 
 
 LICENSE INSPECTORS. 
 
 8. The Commissioner may appoint, prescribe the duties Commis- 
 and fix the salary of a Chief Inspector for the Territory, who to°fix'^aalarie8. 
 shall hold office during pleasure, and shall give such security 
 
 for the due performance of his duties as is prescribed by the 
 Commissioner. C.O.Y.T. c. 76, s. 8. 
 
 9. The Commissioner may appoint one or more inspectors Commis- 
 ior any license district or for the Territory, and fix their salaries ma^'appoint 
 or fees and priescribe their duties. C.O.Y.T. c. 76, s. 9. inspectors. 
 
 10. The Chief Inspector shall: Duties of 
 L Keep a registei: to be called "The Register of Licenses, " fngpector. 
 
 containing the particulars of all licenses granted in the district. To keep 
 and the premises in respect of which they are granted. There ""^sister. 
 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 register. 
 
 2. Keep a record of all applications made to him shofwing To keep a 
 the iiames of the applicants, the nature of the applications, the ap^eations 
 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 in cases of refusal 
 Ihe cause or causes thereof. 
 
600 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 To transmit 
 extracts to 
 clerk of 
 court. 
 
 To report 
 monthly to 
 commis- 
 sioner. 
 
 Inspectors to 
 prosecute 
 infractions 
 of law. 
 
 Inspector 
 to lay 
 information 
 in his 
 own name. 
 
 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. 
 
 (5) 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) General remarks as to the working of the law within 
 the Territory; and also, 
 
 (f) Any other remarks asked for by the Commissioner. 
 C.6.Y.T. c. 76, s. 10. 
 
 11. It shall be the duty of every inspector when directed 
 by the Chief Inspector to visit and inspect every licensed 
 place within the district and to report forthwith to him every 
 case of infraction of the provisions of this Ordinance; and 
 every inspector shall at once and in conformity with the provi- 
 sions herein contained prosecute any person so offending and shall 
 suffer no unnecessary delay to intervene between his obtaining 
 the information and the prosecution. C.O.Y.T. c. 76, s. 11. 
 
 12. In case any person gives to the inspector information 
 justifying the prosecution of any person for offences against 
 this Ordinance, it shall be the duty of the inspector to lay the 
 information in his own name and prosecute. C.O.Y.T. c. 76, 
 s. 12. 
 
 LICENSES. 
 
 Kinds of 
 license. 
 
 Wholesale 
 license. 
 
 Not to sell 
 less than 
 certain 
 quantities. 
 
 13. Licenses shall be either: 
 
 1. Wholesale, 
 
 2. Hotel, 
 
 3. Saloon, or 
 
 4. Steamboat (permitting the sale of liquor while under way). 
 C.O.Y.T. c. 76, s. 13. 
 
 14. Under a wholesale license the licensee may sell and 
 dispose of liquors in the warehouse, store, shop or place defined 
 in the license in quantities of not less than one half-gallon in 
 each cask or vessel and in case of such selling by wholesale as in 
 respect to bottled ale, beer, porter, wine or other fermented or 
 spirituous liquors, each such sale shall be in quantities not Iqss 
 than one reputed quart bottle or two reputed pint bottles, and 
 liquors thus sold shall not be consumed within or upon the ware- 
 house and premises in respect of which the license is granted : 
 
Liquor Licenses. Chap. 56. 601 
 
 Provided, that in case of any conviction against' a wholesale Proviso. 
 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. C.O.Y.T. c. 76, s. 14. 
 
 15. Under any other license tha licensee may sell and dispose AH other 
 of liquor by retail on the licensed premises, and said liquors so Jj{^^"^ge'fi 
 sold may be consumed thereon. C.O.Y.T. c. 76, s. 15. ^''retail. 
 
 16. No saloon license shall be granted except in the City of No saloon 
 Dawson. C.O.Y.T. c. 76, s. 16. e^ptTng 
 
 in Dawson. 
 
 17. Every license shall be issued under the authority of the Licenses to be 
 License Commissioners and shall be signed by the Chief Inspector ^^^^ under 
 and shall be in form C in the schedule to this Ordinance. CO. oniccnse^ 
 
 Y.T. C. 76, S. 17. commission- 
 
 ors. 
 
 18. Licenses may be issued in the name of a co-partnership License may 
 when two or more persons are carrying on business in the same namt^o'f''.'" 
 place, but a separate license shall be required in every separate copartner- "* 
 place of business of such firm. **^'p- 
 
 2. A license granted to any firm or partnership shall without Partnership 
 any formality enure to the benefit of the remaining partner or enure fo*-" 
 partners in the event of the withdrawal or removal of any of benefit o! 
 them by dissolution or any other determination of the partner- remaining 
 ship. C.O.Y.T. c. 76, s. 18. "■''''• 
 
 19. Any incorporated company may become a licensee or Company 
 licensees in any district under the provisions of this Ordinance }f(.p^,s''r. 
 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. C.O.Y.T. c. 76, s. 19. 
 
 20. The Chief Inspector may by the direction of the Com- Chief ^ 
 missioner issue special licenses authorizing the sale of wine, beer }"|J|°g°cg™f^ 
 and ale, but not spirits, at special places, under special cir- licenses, j 
 cumstances, 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 per 
 day, and under such terms as the Commissioner orders; pro- 
 vided that in all other respects the persons so obtaining such 
 special licenses shall be subject to the provisions of this Ordinance 
 C.O.Y.T. c. 76, s. 20. 
 
 21. Every person to whom a license to sell intoxicating Fees. 
 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: 
 
602 
 
 Chap. 56. 
 
 Liquor Licenses. 
 A. — Per Annum. 
 
 For wholesale license $ 1,000.00 
 
 For hotel in Dawson 700.00 
 
 For hotel in Klondike City or White- 
 horse 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 150.00 
 
 Such fee shall in every case be in addition to the fee of $50 
 payable with every application as hereinafter mentioned. 
 
 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. C.O.Y.T. c. 76, s. 21. No. 6, 1903, s. 1 and No. 
 9, 1907, s. 1. 
 
 License to 22. Every license shall expire on the 14th day of July at 
 
 expire 14th midnight succeeding the date of the issue of same. C.O.Y.T. 
 ^ ^- c. 76, s. 22. 
 
 ACCOMMODATIONS. 
 
 Hotel accom- 
 modation. 
 
 To have 
 
 separate 
 
 sitting and 
 
 diningl^rooms 
 
 Toiserve 
 
 meals. 
 
 To have 
 privy. 
 
 To supply 
 stabling. 
 
 33. Every hotel authorized to be licensed under the provi- 
 sions 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 family 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 complement 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 
 and a dining room separate and distinct from the bar room. 
 . 3. Every licensed hotel shall be shown to the satisfaction 
 of the inspector to be well appointed with sufficient appliances 
 for serving meals daily to travellers. 
 
 4. Every licensed hotel shall be provided with a suitable 
 privy, which shall at all times be kept properly cleaned and 
 ventilated. C.O.Y.T. c. 76, s. 23. 
 
 24. Every hotel keeper whose license is granted in respect 
 of the premises to be provided with stabling, shall at all times 
 keep upon his licensed premises a sufficient supply of hay, 
 oats and other provender. C.O.Y.T. c. 76, s. 24. 
 
Liquor Licenses. Chap. 50. 603 
 
 S5. A saloon must be a good substantial building, with Saloon 
 well appointed bar and ample furniture for the comfort of the dation. 
 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 licenses and any other premises. CO. 
 Y.T. c. 76, s. 25. 
 
 APPLICATION FOR LICENSES. 
 
 36. Every application for a license shall be by petition Application 
 in form A in the schedule hereto, accompanied by an affidavit *° chief 
 in form B in the said schedule, and shall be sent to the Chief inspector. 
 Inspector along with the sum of $50, 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. Said $50 to be credited 
 to the applicant on the said license fee. C.O.Y.T. c. 76, s. 26. 
 No. 10, 1906, s. 2. 
 
 37. On every application for a license the Chief Inspector t-'hief 
 
 or an inspecto;- shall report in writing to the License Commis- make'' report, 
 sioners, and such report shall contain : 
 
 1. A description of the furniture and premises; 
 
 2. If the application be by a person who holds a license How house 
 for the same premises during the preceding year, a statement previously 
 as to the manner in which the same has been conducted during conducted, 
 the existence of the previous license; 
 
 3. A statement of the number, position and distance from Distance 
 the premises in respect of which a license is applied for of the oUier 
 licensed premises in the neighbourhood; licensed 
 
 4. A statement whether the applicant is a fit and proper pj^^^'^^s- 
 person to have a license and is known to be of good character apptka^n^ °' 
 and repute; 
 
 5. A statement whether the premises sought to be licensed are premises 
 or are not, in his opinion, required for public convenience; required for 
 
 6. A statement whether the applicant is or is not the true l^^wae 
 owner of the business proposed to be licensed. C.O.Y.T. c. 76, whether 
 
 S. 27. applicant 
 
 owner of 
 business. 
 
 38. The report of the Chief Inspector or an inspector shall Commis- 
 be for the information of the License Commissioners, who sioners to 
 shall nevertheless exercise their own discretion on each appli- own'^'^^ ^"^ 
 cation. C.O.Y.T. c. 76, s. 28. discretion 
 
 in granting 
 licenses. 
 
 39. The Chief Inspector shall attach all the papers relating Application 
 to each application together, and produce them at the next ?"*^ papers to 
 meeting of the License Commissioners, or transmit them together to c'cmmis- 
 with a statement showing all convictions under this Ordinance sioners. 
 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 Papers to be 
 hands either of the Chief Inspector or inspector shall be open pubHc° 
 to the inspection of the public. C.O.Y.T. c. 76, s. 29. 
 
604 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 SoS'^' . **• ^^^^^ ^^'^ meeting of the License Commissioners the 
 
 to send inspector shall return the said papers to the Chief Inspector 
 
 to^'^^cctor ^^*^ a certificate signed by at- least a majority of the License 
 
 n pec or. Commissioners, showing whether the license is recommended 
 
 or not, and if not recommended, stating the reasons. C.O.Y.T. 
 
 c. 76, s. 30. 
 
 to 
 
 Inspector 
 notify 
 successful 
 applicant to 
 pay fee. 
 
 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. C.O.Y.T. c. 76, 
 s. 31. 
 
 Procedure on 32, Any persou desiring to obtain a license at any other 
 Ucense at'any t^™^ ^^^^ ^s above provided may send to the Chief Inspec- 
 othcr time, tor his application and $50 as above provided. The Chief 
 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 received 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 ex- 
 pense shall be divided pro rata among the apphcants, but no 
 license shall be granted to any person under the provisions of this 
 section whose application for a license under section 26 of this 
 Ordinance has been rejected. C.O.Y.T. c. 76, s. 32. 
 
 Fees to go 
 to general 
 revenue 
 
 33. All application fees shall on receipt be paid into the 
 fund S^neral revenue fund. 
 
 2. The amount estimated by 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. C.O.Y.T. c. 76, s. 33. 
 
 DUTIES OF LICENSE COMMISSIONERS. 
 
 Applications 
 how to be 
 heard. 
 Hearing to 
 be open 
 to public. 
 
 34. Every application for a license shall be heard and de- 
 termined by the License Commissioners in a summary manner. 
 
 2. Every such hearing of an application shall be open to the 
 public, and every applicant for a license shall attend personally 
 at such hearing unless excused from attendance by the License 
 Commissioners, and the License Commissioners may summon and 
 
Liquor Licenses. Chap. 56. 605 
 
 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 
 Commissioner may administer such oath. 
 
 3. Every such hearing may, at the discretion of the License Adjournment. 
 Commissioners, be adjourned from time to time. 
 
 4. At all hearings under this Ordinance the License Com- *^;°™™'j^" 
 missioners shall have the same powers as justices of the peace, have powers 
 
 5. No objection from the Chief Inspector or inspector shall of J. P. 
 
 be entertained unless the nature of the objection shall have been ^ij^^Pgjj^^g,.^ 
 stated in the report furnished to the License Commissioners. be'stated^ 
 
 6. Notwithstanding anything in this Ordinance contained, the in report. 
 License Commissioners may of their own motion, take notice C'ommia- 
 of any matter or thing which, in their opinion, would be an ob- ma^take 
 jection to the granting of a license. In any such case the License notice of anj' 
 Commissioners shall notify the applicant and shaU adjourn the o>).icctions. 
 hearing of the application, if requested by him, for a period not 
 exceeding fourteen days and not less than seven days, or any 
 
 time wath the consent of the applicant, in order that any person 
 affected by the objection may have an opportunity of answering 
 the same. 
 
 7. Where the applicant for a hotel license resides in a remote ^'"''^'"'1; ^^ 
 part of the district, or when, for any other reasons, the License may™e'°"^ 
 Commissioners see fit, they may dispense with the report of the granted 
 inspector and act upon such information as satisfies them in the rcnorT'' 
 premises. C.O.Y.T. c. 76, s. 34. 
 
 35. The decision of the License Commissioners when once Decision to 
 announced by the chairman shall be final. C.O.Y.T. c. 76, s. 35. 
 
 36. If any applicant for a license has at any time been refused l' ''"'^""'f ?!! 
 a license on the ground that he is not a fit person to hold a license, apply within 
 no application by such applicant shall be entertained by the one year. 
 License Commissioners within a period of one vear from such re- 
 fusal. C.O.Y.T. c. 76, s. 36. 
 
 TBANSFER OF LICENSE. 
 
 3T. A license under the provisions of this Ordinance shall License not 
 
 . , . , , ' to be void by 
 
 not become void by: death, etc. 
 
 L 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 obtain the written 
 consent of the Chief Inspector for the continuance of the 
 business 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. CO. 
 Y.T. c. 76, s. 37. 
 
606 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 ^^e\^e^^ ^'^ ?"^^''y ^^^^ ^^ ^ transfer of an hotel or saloon license, 
 
 of transfer. ^^^ 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 27 of this Ordinance. CO. 
 
 Y.T. c. 76, s. 38. 
 
 liOTted^"^^ . *^* When a licensee has been legally ejected from any 
 ti'ansfer may licensed premises, the License Commissioners may, notwith- 
 withoirt^ standing the non-production of the license, on the application 
 production '"^ Writing of the owner of the premises and the proposed new 
 of license. tenant, if they cannot produce the license, grant a special license 
 to such new tenant in such form as they think applicable. 
 Provided always, that the License Commissioners shall be satis- 
 fied that actual value has been received from the said owner by 
 the said licensee. C.O.Y.T. c. 76, s. 39. 
 
 Sor^re'^ 4.O. The License Commissioners may by order, authorize any 
 
 may person they think fit, entitled to the benefit of any license, to 
 
 authorize carry on the business in the licensed premises for the remainder 
 cany o"°" ° of ^li6 term for which the license was granted, in the same 
 business. manner as if such license had been formally transferred to such 
 person; provided proof of value received be given as provided 
 in the next preceding section, in the following cases: 
 
 L 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 
 efHuxion of time, or by notice to quit or by any other process 
 whatsoever. C.O.Y.T. c. 76, s. 40. 
 
 If licensee 
 convicted of 
 offence 
 commis- 
 sioners 
 may transfer 
 license. 
 
 In case of 
 marriage of 
 licensee 
 husband to 
 have same 
 privileges. 
 
 41. Where any licensed person is convicted of any offence 
 and in consequence either becomes personally disqilalified or 
 has his license forfeited, the License Commissioners, upon 
 application by or on behalf of the owner of ths premises 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 relating to such premises until the end of the period 
 for which such license was granted, in the same manner as if 
 such license 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. 
 C.O.Y.T. c. 76, s. 41. 
 
 42. In case of the marriage of any woman being a 
 licensee, the license held by her shall confer on her husband the 
 same privileges, and shall impose on him the same duties, 
 obligations and liabilities as if such license|had been granted to 
 him originallJ^ 
 
Liquor Licenses. Chap. 56. 607 
 
 Provided, that the Chief Inspector on application of the 
 husband of any such licensee, if satisfied that no objection can 
 be made to the character of the husband, and that he has not 
 forfeited a license within the next preceeding three years, may 
 confirm to him his wife's license for the remainder of the term 
 of the duration thereof, of which confirmation a certificate 
 signed by the Chief Inspector shall be conclusive evidence. 
 C.O.Y.T. c. 76, s. 42. 
 
 REMOVAL OF LICENSES. 
 
 43. The Chief Inspector after order allowing the same by the Permiasion 
 License Commissioners, may indorse on any hotel or saloon to^emove^^" 
 license permission to the holder thereof to remove from the license. 
 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. C.O.Y.T. c. 76, s. 43. 
 
 44. Such permission, when the approval of the said Chief Permiasion to 
 Inspector is indorsed on said license, shall authorize the holder ^® ilcf^e^^ 
 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. CO. 
 Y.T. c. 76, s. 44. 
 
 45. In all cases providing for a transfer, removal or change. Applications 
 in a license, application shall be made in the same manner as an ^°J^ transfer, 
 original application for a license. The amount of money to be licenses to 
 sent with the apphcation shall be the sum of $10. The be made in 
 Chief Inspector upon receiving the application shall proceed as or£nal''^ ^^ 
 in cases when persons apply at other than the regular times for application. 
 licenses, and the same additional fee must be paid. 
 
 •Provided, nevertheless, that it shall not be necessary to call 
 a meeting of the Licensed Conamissioners to transfer a license 
 upon a sale thereof if the Chief Inspector is satisfied that the 
 transferee is a fit and proper person to have a license, and is 
 known to be of good character and repute, and notice thereof 
 haa been posted in the licensed premises for ten days prior to 
 such transfer being made, in which case the application may be 
 granted upon the authority of the Chief Inspector alone. C.O. 
 Y.T. c. 76, s. 45. No. 10, 1906, s. 3. 
 
 NUMBER OF LICENSES. 
 
 46. The number of saloon licenses to be granted in the City Number of 
 of Dawson in each year shall not exceed ten. saloon 
 
 •' licenses. 
 
608 
 
 Chap. 56. 
 
 Ldquor Licenses. 
 
 Provided however, that this provision shall not affect existing 
 saloon licenses in said city, but no new saloon licenses shall be 
 granted therein until the number of saloon licenses is less than 
 ten. C.O.Y.T. c. 76, s. 46. 
 
 1. No saloon license shall be issued to extend beyond the 
 fourteenth day of July, 1916, and thereafter no saloon license 
 shall exist or be issued. No. 20, 1914, s. 1. 
 
 2. A person holding a saloon license expiring on the fourteenth 
 day of July, 1916, whose licensed premises shall on that date 
 comply in all respects as to accommodation and otherwise with 
 the provisions of the Liquor License Ordinance then in force in 
 regard to licensed hotels in the City of Dawson may, in the dis- 
 cretion of the person or body having power under said Ordinance 
 to grant any such license, be granted an hotel license upon com- 
 plying with the requirements of such Liquor License Ordinance. 
 No. 20, 1914, s. 1. 
 
 Wholesale 47'. The Commissioner of the Yukon Territory may limit 
 
 be UmifeT^ the number of wholesale licenses to be granted. C.O.Y.T. c. 76, 
 
 s. 47. 
 
 No saloon 
 license to 
 extend 
 beyond Uth 
 July, 1916. 
 If premises 
 meet hotel 
 require- 
 ments 
 license may 
 be granted. 
 
 LICENSES INPROPERLY OBTAINED. 
 
 Court may 
 investigate 
 manner of 
 granting 
 license. 
 
 48. If within sixty days from the granting of a license, 
 or a transfer of a license, any person deposits with the clerk 
 of the Territorial Court $100 as security for costs, together 
 with a complaint (verified by affidavit) that the said .license 
 or transfer has been obtained by fraud, or in violation of any 
 of the provisions respecting licenses, on application the judge 
 may, by means of an originating summons, investigate and sum- 
 marily hear and dispose of the complaint, and direct the cancel- 
 lation of the license or dismiss the complaint, and award costs 
 in the same way as costs are awarded in proceedings in the Terri- 
 torial Court. C.O.Y.T. c. 76, s. 48. 
 
 REGULATIONS AND PROHIBITIONS. 
 
 constantly 
 exposed 
 
 Licenses to be 49. All licenses shall be constantly and conspicuously ex- 
 posed in bar rooms of hotels and saloons and in shops or ware- 
 houses or other places to which the licenses respectively relate, 
 under a penalty of $50 and costs for every day's wilful or 
 negligent omissioii so to expose them, and in default of payment, 
 one week's imprisonment for every day of such omission. CO. 
 Y.T. c. 76, s. 49. 
 
 Licensee to 
 have sign 
 over door. 
 
 50. Every person keeping a licensed wholesale liquor store, 
 hotel or saloon shall, during the continuance in force of such 
 license, exhibit and keep exhibited on the outside and over a front 
 door of the licensed premises, in large letters the words " Licensed 
 to Sell Spirituous or Fermented Liquors," under penalty as in 
 the next preceding section mentioned. C.O.Y.T. c. 76, s. 50. 
 
Liquor Licenses. Chap. 56. 609 
 
 51. A synopsis of this Ordinance and the penalties there- Synopsis of 
 under shall be posted in a conspicuous place where liquor is sold be posted.*** 
 under this Ordinance, and every licensee failing to post the same 
 on being requested to do so by the chief inspector, shall be guilty 
 of an offence, and on summary conviction thereof, be liable to a 
 penalty of $25 and costs. Such synopsis shall be drawn up 
 and printed in such form as the chief inspector directs. CO. 
 Y.T. c. 76, s. 51. 
 
 53. No more than one bar shall be kept in any house or Only one bar 
 premises under this Ordinance. C.O.Y.T. c. 76, s. 52. *° ^« ''^p*- 
 
 53. In all places where intoxicating liquors are sold by Hours during 
 retail, no sale or other disposal of liquors shall take place therein which liquors 
 or on the premises thereof, or out of or from the same, to any 
 
 person or persons whomsoever (save as hereinafter provided) 
 from the hour of twelve of the clock on Saturday night till six of 
 the clock on Monday morning thereafter. No sale or other dis- 
 posal of liquors shall take place on any wholesale premises, or 
 from or out of the same, to any person or persons whomsoever, 
 nor shall the premises in respect of which the license is issued be 
 kept open from after the hour of seven o'clock on Saturday 
 night until six o'clock on Monday morning thereafter, save and 
 except as to both wholesale and retail places in cases where a 
 requisition for medical purposes, signed by a licensed medical 
 practitioner or by a licensed druggist, or by a justice of the 
 peace is furnished the licensee or his agent; nor shall any liquor 
 whether sold or not, be permitted or allowed to be drunk in any 
 such places during the time prohibited by this Ordinance for the 
 sale of same. Provided always that in laotels compelled by law 
 "to give meals, liquors may be sold during meals on Sundays to 
 the guests bona fide residing or boarding in such houses between 
 the hours of one and three and five and seven in the afternoon, 
 respectively, to be drunk at their meals at the table; but this 
 provision shall not permit the furnishing of liquor at the bar or 
 place where liquor is usually sold in such houses. C.O.Y.T. c. 
 76, s. 53. 
 
 54. No sale or other disposal of liquor shall take place in No sale on 
 any licensed premises within the limits of a polling district on election days, 
 any polling day for or at any parliamentary election, or election 
 
 of a member for the Yukon Council or any municipal election 
 from the hour of six o'clock in the morning of such day until 
 after the close of the poll. C.O.Y.T. c. 76, s 54. 
 
 55. No person shall sell or shall keep or have in any house, or j^^ ^^i^ 
 in any other place whatsoever, any liquor for the purpose of without a 
 selling, bartering or trading therein, without having first obtained 'i^ense. 
 
 a license authorizing him to do so. Any sale or other disposal of 
 liquor by any association, body of persons or club not incorpor- 
 ated by special Ordinance of the Territory, or by the servant or 
 agent thereof to the members thereof or to any other person with- ' 
 out such license shall be a violation of this section. C.O.Y.T. 
 c. 76, s. 55. 
 
 70263—39 
 
610 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 No sale to be 
 made to 
 person selling 
 lictuor 
 without 
 license. 
 
 No sale of 
 
 liquor to be 
 
 consumed 
 
 outside 
 
 licensed 
 
 premises. 
 
 Construction 
 of windows, 
 facing 
 streets. 
 
 Windows to 
 be clear of 
 blinds, etc. 
 
 Penalties. 
 
 No music 
 
 hall in 
 
 connection 
 
 with 
 
 licensed 
 
 premises. 
 
 chief 
 
 inspector 
 
 may cancel 
 
 licenses in 
 
 certain cases. 
 
 56. No person shall sell liquor to any person who he knows 
 or has reason to believe is selling liquor without a license. 
 
 2. No licensee licensed to sell liquors not to be consumed 
 on the premises shall take or carry or employ or suffer any other 
 person to take or carry any liquor out of or from the premises 
 of such licensee for the purpose of being sold on his account 
 or for his benefit or profit, and of being consumed in any other 
 house, or in any tent, shed, or other building of any kind what- 
 ever, belonging to such licensee or hired, used or occupied by 
 him. In any proceeding under this paragraph it shall not be 
 necessary to prove that the premises or place or places to which 
 such liquor is taken to be drunk, belonged to, were hired, used 
 or occupied by the seller, if proof is given to the satisfaction 
 of the court hearing the case that such liquor was taken to be 
 consumed thereon with intent to evade the conditions of the 
 license. 
 
 3. Every licensed premises shall have at least one window 
 facing a public street, which window shall be of clear transparent 
 glass with panes of a size not less than twelve inches by fifteen 
 inches, and such window shall not be less than four feet long 
 by three feet wide and shall be so placed that the bottom thereof 
 shall not be lower than the sidewalk or more than four feet 
 above it. 
 
 4. During prohibited hours no blind, screen. Counter, box 
 or other obstruction of any kind shall be allowed in any saloon 
 or in connection with such window so as to conceal any part 
 of the interior of the bar-room from the view of persons on the 
 street without. No. 9, 1907, s. 2. 
 
 5T. Violation of any of the provisions of the four next 
 preceding sections shall be an offence for which the person 
 violating shall be liable on summary conviction : 
 
 For the first offence to a penalty of not less than $50 and 
 costs nor more than $100 and costs, and in default of 
 payment not less than two months nor more than four 
 months' imprisonment. 
 
 For the second offence a fine of $100 and costs, and in 
 default of payment forthwith after conviction to not less 
 than three months nor more than six months' imprison- 
 ment. 
 
 For the third offence a fine of $200 and costs with absolute 
 forfeiture of license, and in default of payment, forthwith 
 after conviction to not exceeding six months' imprisonment. 
 C.O.Y.T. c. 76, s. 57. 
 
 58. No licensee or any other person shall keep a music 
 or dance hall in connection with premises licensed to sell liquors 
 under this Ordinance. No. 9, 1907, s. 3. 
 
 59. If the chief inspector is satisfied from his own know- 
 ledge or the report of any inspector that any licensee allows 
 any infringement of either of the two next preceding sections, 
 he shall forthwith cancel his license. No license shall be granted 
 to any one Who does not comply with the provisions of said 
 sections. C.O.Y.T. c. 76, s. 60. 
 
Liquor Licenses. Chap. 5G. 611 
 
 60. No woman of loose, idle or suspicious character or having No loose 
 no honourable occupation or calling (in which class and amongst ^g°™®" *° 
 whom are included dancing girls, so-called artists and drink rooms^ 
 rustlers) will be allowed to occupy any room or other part 
 of any premises licensed to sell liquor, or any place whatsoever 
 directly or indirectly connected with the licensed premises, 
 controlled directly or indirectly by the licensee or in which the 
 said licensee may have directly. or indirectly any interest, to use 
 the same for alluring men or for any improper or immoral 
 purposes. 
 
 2. No licensee shall receive or admit either in his licensed Or drink, 
 premises or in any other premises adjoining and directly or |*^^*^ 
 indirectly connected with the said licensed premises or being premises. 
 under the control directly or indirectly of the licensee or in 
 which the licensee might be directly or indirectly interested, 
 any such woman for the purpose of drinking, keeping company 
 with men or soliciting drinks, and no such" woman will be allowed 
 to drink in any such premises. No. 9, 1907, s. 4. 
 
 ttl. No licensee shall pay or permit to be paid or give or No 
 permit to be given to any female any percentage for any liquors afiowe/to 
 sold or delivered to any person on his premises, and no female females, 
 shall be allowed in any licensed premises for the purpose of 
 soliciting or inducing others to drink or buy liquor, under a 
 penalty of $100 and costs and absolute forfeiture of his license, P«"a'ty- 
 and in default of payment forthwith after conviction, to impri- 
 sonment for a term not exceeding three months, and absolute 
 forfeiture of license. C.O.Y..T. c. 76, s. 62. 
 
 G2. Any licensee who after the passing of this Ordinance Licensee 
 is twice convicted of keeping a common gaming house shall forth- ^f'l^g'j^g 
 with forfeit his license, and the Chief Inspector upon receiving gambling 
 notice of such conviction, shall cancel said license. C.O.Y.T, J'""^? *° 
 
 C. 76, S. 63. No. 9, 1907, S. 5. [°cense. 
 
 63. The chief inspector may at any time cancel any license License may 
 upon proof that the conditions necessary to the granting of be cancelled 
 such licensee do not exist, and also in case it is shown that the not complied 
 licensee is not keeping his premises in accordance with the with, i^i^ . 
 provisions of this Ordinance. C.O.Y.T. c. 76, s. 64. 
 
 64. The chief inspector may at any time, upon application Lioense'may 
 by a licensee, cancel a license and allow a rebate to such licensee be cancelled 
 of a portion of the moneys paid for the license. The license "^ ligation"^ ' 
 may be cancelled under this section on account of the destruction of Ucensee" 
 of the premises, or for any reason satisfactory to the chief 
 inspector. In case such rebate is allowed it shall be the duty 
 
 of the Territorial Treasurer to refund to such licensee such 
 amount so allowed. C.O.Y.T. c. 76, s. 65. 
 
 65. Subject to the provisions of this Ordinance as to removals License to be 
 and transfer of licenses every license for the sale of liquor shall *° person 
 be held to be a license only to the person named therein, and for "'^""^ °" ^'' 
 
 70263—394 
 
612 
 
 Chap. 5G. 
 
 Liquor Licerises. 
 
 License 
 inspector 
 to have 
 power 
 to inspect 
 liquor. 
 
 Prima facie 
 evidence of 
 sale. 
 
 the premises therein mentioned, and shall remain valid only 
 so long as such person continues to be the owner of the said 
 business carried on. C.O.Y.T. c. 76, s. 66. 
 
 66. The license inspector shall have the right to inspect and 
 test any liquor sold in any licensed premises or to have the same 
 inspected and tested by any other person; should the liquor so 
 tested be found to be adulterated the licensee or licensees will be 
 subject to a fine of not less than $25 and not more than $200, 
 and upon a second conviction his or their license may be forth- 
 with cancelled. No. 9, 1907, s. 6. 
 
 6T. The fact of a person or persons not connected with the 
 establishment being found and seen drinking in the bar, bar- 
 room or any other place where liquor is generally served in any 
 licensed premises within prohibited hours shall be prima facie 
 evidence that liquor has been sold therein contrary to section 53 
 of this Ordinance. No. 9, 1907, s. 6. 
 
 PENALTIES. 
 
 T)isorderly 
 conduct not 
 ^;o be allowed 
 
 Licensee not 
 to refuse 
 Jodging. 
 
 Licensee to 
 xefuse to 
 Admit 
 intoxicated 
 person. 
 
 68. Any licensee who permits drunkenness or any quarrel- 
 some, riotous or disorderly conduct to take place on his premises, 
 or sells or delivers any intoxicating liquor to any drunken person 
 to be consumed on his premises, or permits or suffers persons of 
 notoriously bad character to assemble or meet on his premises 
 for improper or unlawful purposes, shall, in addition to any other 
 punishment provided by law, be guilty of an offence and on 
 summary conviction thereof be liable to a penalty of not less 
 than $50 and costs, and not more than $100 and costs, 
 and in default of payment forthwith after conviction, to not 
 less than one nor more than two months' imprisonment. CO. 
 Y.T. c. 76, s. 67. 
 
 69. Every licensed hotel keeper or saloon keeper who 
 habitually dispenses meals, who- either personally or through 
 any one acting on his behalf, except for some valid reason, refuses 
 to supply lodging, meals or accommodation to travellers at a 
 reasonable rate, shall be guilty of an offence, and on summary 
 conviction thereof liable to a penalty of $50 and costs, and in 
 default of payment, to one months' imprisomnent. C.O.Y.T. 
 c. 76, s. 68. 
 
 70. Any licensee may refuse to admit to the premises in 
 respect of which his license is granted any person who is in- 
 toxicated, and may refuse to admit, and may turn out of the 
 premises, any person who is violent, quarrelsome, or disorderly, 
 and any person whose presence on his premises would subject 
 the licensee to a penalty under this Ordinance; and any such 
 person who, upon being requested in pursuance of this section 
 by such licensee, his agent, servant, or any constable, to quit 
 such premises, refuses or fails to do so, shall be guilty of an offence 
 and upon summary conviction thereof be liable to a penalty of 
 
Liquor Licenses. Chap. 5©. 61^ 
 
 not more than S50 and costs, and in default of payment 
 forthwith after conviction, to one week's imprisonment; and all 
 constables are required, on demand of such licensee, his agent 
 or servant, to expel, or assist in expelling, every such person from 
 such premises, and may use such force as is necessary for that 
 purpose. C.O.Y.T. c. 76, s. 69. 
 
 Tl. Any licensee who knowingly allows to be supplied in his No sale of 
 licensed premises, by purchase or otherwise, any description '^JJ°rg*° 
 whatever of liquor to any minor, of either sex, or who permits 
 any such minor to be in rooms or places on his premises where 
 intoxicating liquor is served, or to frequent the same, shall, as 
 well as the person who actually gives or supplies the liquor or 
 permits children to be present when such liquor is served, whether 
 he or she is a guest of the house or not, be guilty of an offence, 
 and on summary conviction thereof be liable to a penalty of 
 $25 and costs foi- a first offence, and in default of payment 
 forthwith after conviction to one month's imprisonment, and for 
 a second Uke offence, a penalty of $50 and costs, with absolute 
 forfeiture of the license, and in default of payment forthwith 
 after conviction, to two months' imprisonment. No. 9, 1807, s. 7. 
 
 TS. Any hotel licensee who knowingly allows any male under ^*'^^ under 
 the age of eighteen years, or any female to dispose of any form females not 
 of intoxicating liquor on the premises for which such license is to sell liquor, 
 granted shall be liable to all the penalties provided in the next 
 preceding section. Provided that this shall not apply to female 
 licensees or the wife of a licensee. C.O.Y.T. c. 76, s. 71. 
 
 73. Neither the license commissioners, chief inspector. Officials not 
 inspector or other officer of any licensed district shall, either money? 
 directly or indirectly, receive, take or have any money whatso- 
 ever for any license, report, matter or thing connected with or 
 relating to any grant of any license, nor receive, take or have 
 
 any note, security or promise for the payment of any such 
 money or any part thereof from any person or persons whatso- 
 ever, and any person or persons guilty of, or concerned in, or 
 party to any act, matter or thing contrary to the provisions of 
 this section shall be guilty of an offence, and on summary con- 
 viction thereof be liable to a penalty of not exceeding $100 
 and costs, and in default of payment forthwith after conviction, 
 to imprisonment for a period not exceeding three months. 
 C.O.Y.T. c. 76, s. 72. 
 
 74. Any license commissioner, chief inspector, " inspector Not to issue 
 or other officer or person who, contrary to the provisions of this J,ontranr to 
 Ordinance, knowingly issues, or causes or procures to be issued Ordinance, 
 any liquor license, or a certificate therefor shall be guilty of an 
 offence, and on summary conviction thereof be liable to a penalty 
 
 of not exceeding $100 and costs, and in default of payment 
 forthwith after conviction,' to imprisonment for a period not 
 exceeding six months. C.O.Y.T. c. 76, s. 73. 
 
614 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 Not to 
 
 compound 
 
 offences. 
 
 Penalty for 
 compro- 
 mising 
 offences. 
 
 Assisting 
 person to 
 escape. 
 
 Penalty. 
 
 Penalty for 
 offences ,^ 
 where 
 no other 
 penalty 
 provided. 
 
 Contrar 
 vention 
 
 75. Any person who having or being charged with haying 
 Aniolated any of the provisions of this Ordinance, conapromises, 
 compounds or settles, or offers or attempts to compromise; com- 
 pound or settle the offence with any person or persons with the 
 view of preventing any complaint being made in respect thereof, 
 or if a complaint has been made with a view of getting rid of such 
 complaint or of stopping or having the same dismissed for want 
 of prosecution or otherwise, shall be guilty of an oflfence, and on 
 summary conviction thereof be liable to a penalty of not exceed- 
 ing $100 and costs, and in default of payment forthwith after 
 conviction, to imprisonment for a period not exceeding two 
 months. C.O.Y.T. c. 76, s. 74. 
 
 76. Every person who is concerned or is party to the com- 
 promise, composition or settlement mentioned in the next pre- 
 ceding section shall be guilty of an offence, and on summary 
 conviction thereof be liable to a penalty of $50 and costs, and 
 in default of payment forthwith after conviction to one month's 
 imprisonment. C.O.Y.T. c. 76, s. 75. 
 
 77. Any one knowing or having reason to believe that an 
 order to commit to jail has been issued against any person, under 
 this Ordinance, who prevents the arrest of such person, or pro- 
 cures or facilitates by any act or council or in any manner what- 
 soever, his avoidance of arrest, or who provides such person 
 with the means of avoiding arrest, shall be guilty of an offence, 
 and on summary conviction thereof be liable to a penalty of 
 $50 and costs, and in default of payment forthwith after con- 
 viction, to imprisonment for a period not exceeding two months, 
 in addition to anv other penalty provided by law. C.O.Y.T. 
 c. 76, s. 76. 
 
 78. Any person who violates any of the provisions of this 
 Ordinance, for which violation no penalty is herein specially 
 provided, shall be guilty of an offence, and on summary convic- 
 tion shall be liable to a penalty of not less than $50 and costs 
 and not more than $100 and costs, and in default of payment 
 forthwith after conviction, to imprisonment for not less than one 
 month nor more than four months. C.O.Y.T. c. 76, s. 77. 
 
 79. Any contravention of the provisions of this Ordinance 
 
 fcy° employee. ^^ ^^^ servant, agent or employee of a licensee shall be presumed 
 to be the act of such licensee, but except in the case of prosecution 
 under section 55 such presumption may be rebutted by proof of 
 explicit instructions to the contrary by such licensee. Any such 
 servant, agent or employee contravening any of the provisions of 
 this Ordinance, and disobeying any such explicit instructions, 
 shall be liable, on summary conviction to imprisonment for 
 not less than ten days nor more than three months without 
 the option of a fine. C.O.Y.T. c. 76, s. 78. 
 
 Third' 80. Every third conviction for an offence against the pro- 
 
 torieit *'°° **" visions of this Ordinance or any of them, shall operate as a 
 license. forfeiture of the license of the offender when not otherwise pro- 
 
Liquor Licenses. Chap. 56. 615 
 
 vided, and disqualify the person convicted from obtaining a 
 license for two years thereafter. C.O.Y.T. c. 76, s. 79. 
 
 81 . When by any section of this Ordinance it is provided that a Same penalty 
 licensee upon a third conviction for an offence against such section, con^g°i^n^or 
 shall forfeit his license, he shall also upon any conviction for an different 
 offence against such section forfeit his license if he has been offences, 
 previously convicted of two offences against any other sections 
 
 in respect to which the like provision is made. C.O.Y.T. c. 76, 
 s. 80. 
 
 82. No magistrate, inspector or license commissioner shall ^^^''^^■. 
 have any power or authority to remit or compromise any penalty penalty.^'"' 
 or punishment inflicted under this Ordinance. C.O.Y.T. c. 
 
 76, s. 81. 
 
 83. Any money, penalty or portion thereof recovered under Fines to be 
 this Ordinance shall be paid to the convicting magistrate and be 5>4surer 
 by him paid to the Territorial Treasurer. 
 
 2. All costs of any proceedings or prosecution made by the Costs of 
 Chief License Inspector or by his authority with the approval of paid^out'of 
 the Commissioner shall be paid out the general revenue of the general 
 Yukon Territory. '■^^*""^- 
 
 3. Witness fees shall be taxed in all cases under this Ordinance witness fees, 
 at the rate of $3 per day while in attendance in connection with 
 
 the case, and shall be costs in the cause. C.O.Y.T. c. 76, s. 82. 
 No. 8, 1904, s. 5. 
 
 84. Every person, firm or corporation, in this section herein- "Agent" or 
 after called " agent, " who as agent of, or for or on behalf of ^P^^"^j'|'^^' . 
 any other person, firm, or corporation, in this section hereinafter wholesale 
 called "principal," sells, or attempts to sell, or solicits orders for, license not 
 or disposes of or attempts to dispose of, or delivers, any liquor soUdt °OTder8 
 without such agent or principal being the holder of a wholesale etc. 
 liquor license, shall be liable to a penalty not exceeding $500 
 
 and costs, and in default of payment to imprisonment for a Penalty. 
 period not exceeding six months. Any liquor so sold, or attempt- 
 ed to be sold, or for which orders are solicited, or which is dispos- 
 ed of or attempted to be disposed of, may be seized by the Chief 
 License Inspector, or by any person appointed by him and shall be Liquor to be 
 destroyed immediately after conviction of the agent or principal, destroy^ 
 This section shall equally apply, whether the principal resides 
 within or without the Yukon Territory. No. 8, 1904, s. 6. 
 
 POWEHS OF INSPECTOKS AND THEIR OFFICERS. 
 
 85. The chief inspector, any inspector of licenses, and Powers of 
 any police officer, policeman, or constable shall, for the purpose °®'^"- 
 of preventing or detecting the violation of any of the provi- 
 sions of this Ordinance which it is his duty to enforce, at any 
 
 time have the right to enter into any and every part of the hotel 
 or other place wherein refreshments or liquors are sold, or reputed 
 to be sold, whether under license or not, and to make searches 
 
616 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 in every part thereof and of the premises connected therewith, 
 as he thinks necessary for the purpose aforesaid. C.O.Y.T. 
 c. 76, s. 83. 
 
 Penalty for 
 refusing to 
 admit 
 oflScere. 
 
 Magistrate 
 may issue 
 search 
 warrant. 
 
 86. Every person being therein or having charge thereof 
 who refuses or fails to admit such chief inspector, inspector, 
 police officer, policeman or constable, demanding to enter in 
 pursuance of this Ordinance in the execution of his duty, pr who 
 obstructs or attempts to obstruct the entry of such chief in- 
 spector, inspector, police officer, policeman or constable, or any 
 such searches as aforesaid shall be guilty of an offence, and on 
 summary conviction thereof be liable to a fine of $50 and costs, 
 and in default of payment forthwith after conviction to one 
 month's imprisonment, in addition to any other punishment in 
 such cases provided. C.O.Y.T. c. 76, s. 84. 
 
 8T. Any magistrate, if satisfied by the information on 
 the oath of any police officer, policeman, chief inspector or 
 inspector that there is reasonable ground for the belief that 
 any spirituous or fermented liquor is being kept for sale or 
 disposal contrary to the provisions of this Ordinance, in any 
 unlicensed house or place within his jurisdiction, may, in his 
 discretion, grant a warrant under his hand by virtue whereof 
 it shall be lawful for the person named in such warrant, at any 
 time or times within two months from the date thereof to enter, 
 if need be by force, the place named in the warrant and every 
 part thereof and of the premises connected therewith, and to 
 examine the same and search for liquor therein, and for such 
 purpose such person may, if necessary, with such assistance 
 as he deems expedient, break open any door, lock or fastening 
 of such premises, or any part thereof, or of any closet, cupboard, 
 box or other article likely to contain any such liquor; and in 
 the event of any liquor being so found and unlawfully kept 
 on the said premises the occupant thereof shall, until the contrary 
 is proved, be deemed to have kept such liquor for the purpose of 
 sale, contrary to the provisions of this Ordinance, and may 
 be arrested by such officer or person having the warrant for 
 search as aforesaid, and any person so arrested shall upon convic- 
 tion be liable to a fine of not exceeding one hundred dollars and 
 costs, or in default of payment thereof forthwith to imprison- 
 ment for a period not exceeding three months. C.O.Y.T. c. 76, 
 s. 85. 
 
 Officer 
 
 making 
 
 search may 
 
 seize liquor 
 
 on 
 
 unlicensed 
 
 premises. 
 
 88. When any chief inspector or inspector, policeman, or 
 constable or other officer in making or attempting to make 
 any search under or in pursuance of the authority conferred 
 by the next preceding section of this Ordinance or under the 
 warrant mentioned, or under any other section of this Ordinance 
 finds in an unlicensed house or place any liquor which, in his 
 opinion, is unlawfully kept for sale or disposal contrary to this 
 Ordinance, he may forthwith seize and remove the same and the 
 vessels in which the same is kept, and upon the conviction 
 of the occupant of such house or place, or any other pei'son 
 
Liquor Licenses. Chap. 56. 617 
 
 for keeping liquor for sale in such house or place without a 
 license, the Magistrate making such conviction may in and by 
 the said conviction, or by a separate and subsequent order, 
 declare the said liquor and vessels or any part thereof, to be 
 forfeited to His Majesty to be sold or otherwise disposed of as 
 the Commissioner of the Yukon Territory directs, and the 
 proceeds of any such sale shall be forthwith transmitted to the 
 Territorial Treasurer to form part of the general revenue fund. 
 C.O.Y.T. c. 76, s. 86. 
 
 PROSECUTIONS. 
 
 89. Any person may be a prosecutor or complainant under Any person 
 this Ordinance. C.O.Y.T. c. 76, s. 87. ^^Lute. 
 
 90. Prosecutions for offences created by this Ordinance Prosecutions 
 shall be had and taken under part XV of the Criminal Code ij^atuted 
 which is incorporated herewith, and shall be instituted within within six 
 six months after the commission of the alleged offence. C.O.Y.T. '"onAs. 
 
 c. 76, s. 88. 
 
 91. The description of any offence under this Ordinance Description 
 in the words of the Ordinance, or in words of like effect, shall ° ° ^""^^^ 
 be sufficient in law and any exception, exemption, provision, 
 
 excuse or qualification whether it does or does not accompany 
 the description of the offence in this Ordinance, may be proved 
 by the defendant, but need not be specified or negatived in the 
 information; but if it be so specified or negatived, no proof 
 in relation to the matter so specified or negatived shall be 
 required on the part of the informant or complainant. C.O.Y.T. 
 c. 76, s. 89. 
 
 92. Several charges of contravention of this Ordinance Several 
 committed by the same person may be included in one and be^made"in^ 
 the same information or complaint. Provided that such one 
 information and complaint and the summons issued thereon "omplamt. 
 contains specifically the time and place of each contravention. 
 C.O.Y.T. c. 76, s. 90. 
 
 93. In describing the offences respecting the sale or other What 
 disposal of liquor or the keeping or the consumption of liquor information, 
 in any information, summons or conviction, warrant or pro- 
 ceedings under this Ordinance, it shall be sufficient to state 
 
 the sals, 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 sufficient to allege the sale or 
 disposal of more or less than such quantity, as the case requires. 
 C.O.Y.T. c. 76, s. 91. 
 
618 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 Defendant 
 to prove 
 license. 
 
 94. 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 Ordinance, it 
 shall be incumbent upon the defendant to prove that he is duly 
 licensed and that he did the said act laiwfuUy. C.O.Y.T. c. 76, 
 s. 92. 
 
 Licensee 05. When any licensee is charged with any offence against 
 
 license ""*' ^^}^ Ordinance the magistrate before whom the charge is 
 
 on trial. 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. C.O.Y.T. 
 
 c. 76, s. 93. 
 
 amvfrtion o" ®^' ^^ ^^''^ licensee is convicted, the following provisions 
 licensee. shall have effect: 
 
 1. The magistrate shall cause short particulars of such convic- 
 tion 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 for- 
 feiture 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 disqualification 
 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. C.O.Y.T. 
 c. 76, s. 94. 
 
 No appeal 
 except 
 where 
 provided. 
 
 Fees to 
 magistrate. 
 
 No costs to 
 be allowed 
 agaiut 
 license 
 inspectors. 
 
 OT. In all cases of prosecution for any offence against any 
 of the provisions of this Ordinance for which any penalty or 
 punishment is prescribed, the conviction or order of the magis- 
 trate shall, except as is in this Ordinance otherwise provided, 
 be final and conclusive, and except as is in this Ordinance other- 
 wise provided, there shall be no appeal against such conviction 
 or order to any court. C.O.Y.T. c. 76, s. 95. 
 
 98. For the additional duties imposed by section 93 of this 
 Ordinance the magistrate shall be entitled to charge as 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. 
 C.O.Y.T. c. 76, s. 96. 
 
 99. In any prosecution or proceeding under this Ordinance 
 no costs shall be allowed against any license inspector 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. C.O.Y.T. c. 76, s. 97. 
 
Liquor Licenses. Chap. 56. 019 
 
 100. The forms set forth in the schedule of forms to this Forms. 
 Ordinance, or any form to the like effect, shall be sufficient 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 XV of the Criminal Code. C.O.Y.T. c. 76, s. 98. 
 
 PROCEDURE IN CASES WHERE PREVIOUS CONVICTION 
 IS CHARGED. 
 
 101. The proceedings upon information for an offence ^J^""^"""® 
 against any of the provisions of this Ordinance, in the case devious 
 where a previous conviction is charged, shall be as follows: conviction. 
 
 1. The magistrate shall in the first instance inquire concern- 
 ing such subsequent offence, and if the accused is found guilty 
 thereof, he shall then, and not before, be asked whether he was 
 so previously convicted as alleged in the information, and if he 
 answers that he was so previously convicted, he shall be sen- 
 tenced 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 proved prima facie 
 by the production of the license with such conviction indorsed 
 thereon, or of a certificate purporting to be under the hand of 
 the convicting magistrate or the clerk of the Court to whose 
 office the conviction has been returned, without proof of signature 
 or official character; 
 
 3. In the event of any conviction for any second or subsequent 
 offence becoming void or defective after the makina thereof, by 
 reason of any previous conviction being set aside, quashed or 
 otherwise rendered void, the magistrate by whom sucti second 
 or subsequent conviction was made shall summons 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 appearance, amend such second or sub- 
 sequent conviction and adjudge such penalty or punishment 
 as might have been adjudged had such previous conviction never 
 existed, and such amended conviction shall thereupon he held 
 valid to all intents and purposes as -if it had been made in the 
 first instance. C.O.Y.T. c. 76, s. 99. 
 
 lOS. Convictions for several ofiences may be made under Convictions 
 this Ordinance, although such offences may have been committed ^°I several 
 on the same day; but the increased penalty or punishment Lm^ay" 
 hereinbefore imposed shall only be incurred or awarded in the case 
 of offences committed on different days and after the information 
 laid for a first offence. C.O.Y.T. c. 76, s. 100. 
 
 EVIDENCE. 
 
 103. In any prosecution or proceeding under this Ordinance, inspector's 
 in which proof is required respecting any license, a certificate Ff'^'^^** *" 
 purporting to be under the hand of the chief inspector shall be u^naeT °' 
 prima fade proof of the existence of such license and of the iden- 
 tity of the person to whom the license was granted or transferred, 
 
e20 
 
 Chap. 56. 
 
 Liquor Licenses. 
 
 Regulations 
 to be signed 
 by license 
 commis- 
 
 Bar, etc., to 
 be evidence 
 of sale of 
 liquor. 
 
 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. C.O.Y.T. c. 76, s. 101. 
 
 104. Any regulation made by the Board of License Com- 
 missioners or chief inspector shall be sufficiently authenticated 
 by being signed by them or him, and a copy of such regulation 
 written or printed, and certified to be a true copy, shall be 
 deemed authentic, and be received as prima fade 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 Court, to make the proving of the 
 signature or signatures advisable. C.O.Y.T. c. 76, s. 102. 
 
 105. Any house, shop, room or other place in which it is 
 proved that there exists a bar, counter, beer pumps, kegs, jars, 
 decanters, tumblers, glasses or other appliances or preparations 
 similar to those usually found in hotels and saloons where liquors 
 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. C.O.Y.T. c. 76, 
 s. 103. 
 
 To prove sale 106. In proving the sale of liquor for the purpose of any 
 not necessary proceeding relative to any offence under this Ordinance, it shall 
 money paid, uot be necessary to show that any money actually passed, or any 
 liquor was actually consumed, if the magistrate hearing the case 
 is satisfied that a transaction 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. CO. 
 Y.T. c. 76, s. 104. 
 
 Occupant of 
 house where 
 sale takes 
 place liable. 
 
 107. The occupant of any house, shop, room or other place 
 in which any sale, barter or traffic of liquors or any matter, act 
 or thing, in contravention of any of the provisions of this 
 Ordinance, has taken place, shall be personally liable to the 
 penalty prescribed in section 57 of this Ordinance, notwith- 
 standing 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 
 
Liquor Licenses. Chap. 56. 621 
 
 the employ of such occupant, or who 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. C.O.Y.T. c. 76, s. 105. 
 
 108. In any prosecution under this Ordinance for the sale or Kind of 
 other disposal of liquor without the license required by law, it no"°be"** 
 shall not be necessary that any witnesses shall depose directly to proved, 
 the precise description of the liquor sold or bartered, or the 
 precise consideration therefor. C.O.Y.T. c. 76, s. 106. 
 
 109. The fact of the person not being a licensee keeping up f^f^g^e'^" 
 a sign, writing, painting or other mark, in or near to his house or of sale of 
 premises, or having such house fitted up with a bar or other place liquor, 
 containing bottles or casks displayed so as to induce a reasonable 
 
 belief that such house or premises 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. C.O.Y.T. c. 76, 
 s. 107. 
 
 WITNESSES. 
 
 no. In any prosecution under this Ordinance the magistrate Magistrate 
 trying the case may summon any person he deems to be a material ^trada^e^of 
 witness in relation thereto; witnesses; 
 
 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 paynient 
 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 question 
 touching the case, he may be committed to the common jail, or 
 to a lockup, there to remain until he consents to be sworn, or to 
 affirm, or to answer, and this, notwithstanding 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. 
 C.O.Y.T. c. 76, s. 108. 
 
 111. Any person summoned as a party to, or as a witness witness may 
 in, any proceeding under this Ordinance, may by the summons ^^ required 
 be required to produce at the time and place appointed for his documents! 
 attendance, all books and papers, accounts, deeds and other etc. 
 
622 
 
 Chap. 56. 
 
 Liquor TAcenses. 
 
 Witnesses 
 bound to 
 answer all 
 questions. 
 
 documents in his possession, custody or control, relating to any 
 other matter connected with the said proceeding, saving all 
 just exceptions to such production; and shall be liable to the 
 same penalties for non-production of such books, papers, or 
 documents, as he would incur by refusal or neglect to attend 
 pursuant to such summons, or to be sworn or to answer any 
 question touching the case. C.O.Y.T. c. 76, s. 109. 
 
 11 !3. Every person, other than the defendant, summoned 
 or examined as a witness in any prosecution brought under 
 this Ordinance shall be bound to answer all questions put to 
 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. C.O.Y.T. c. 76, 
 s. 110. 
 
 License 
 
 inspectors 
 
 expenses. 
 
 113. In any prosecution under this Ordinance, if any. 
 chief inspector, inspector or other officer attends Court as 
 prosecutor, it shall be lawful for the magistrate trying the 
 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, inspector 
 or other officer when no conviction is procured, upon the written 
 certificate of the magistrate trying a case that there was reason- 
 able 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. C.O.Y.T. c. 76, s. 111. 
 
 INTERDICTION OF INTEMPERATE PEOPLE. 
 
 Magistrate 
 
 may 
 
 interdict. 
 
 habitual 
 
 drinker. 
 
 Order to be 
 sent to 
 licensees. 
 
 114. When complaint has been made to a magistrate 
 that any person by excessive drinking of liquor misspends, 
 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 under part XV 
 of the Criminal Code 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. C.O.Y.T. c. 76, s. 112. 
 
 115. 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 
 
Liquor Licenses. Chap. 56. 623 
 
 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 knowledge 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 and costs, and in default .of payment forthwith 
 after conviction to imprisonment for a period not exceeding three 
 months, and if a licensee his license shall be forfeited. C.O.Y.T. 
 c. 76, s. 113. 
 
 116. The following persons, viz: — 
 
 1. Any husband or wife, whose -wife or husband has con- Who may 
 tracted the habit of drinking intoxicating liquors to excess; fntodioSon. 
 
 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 intoxicationg 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 to give notice in writing in form 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 apy liquor to the person named. C.O.Y.T. c. 76. 
 s. 114. 
 
 117. In any prosecution or proceedings under this and Interdicted 
 the next preceding sections no interdicted person required ^mDeUed 
 to be examined as a witness shall be excused from being so to answer 
 examined or from answering any question put to him touching questions, 
 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 proceeding 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 
 f ot any thing done before that time under the provisions of section 
 118 of this Ordinance in respect of the matters regarding which 
 he has been examined; and any prosecution or proceeding 
 
624 Chap. 5<>. Liquor Licenses. 
 
 pending or brought against such witnesses under the provisions 
 of section 118 hereof in respect of any matter regarding which he 
 has been so examined shall be stayed upon the production and 
 proof of such certificate if the said certificate states that such wit- 
 ness made a true disclosure in respect to all things as to which he 
 was examined. C.O.Y.T. c. 76, s. 115. 
 
 relSgUquor .■"i-''-^* -^^y person to whom Ihe sale of liquor has been pro- 
 to interdicted hibited Under this Ordinance, who either directly or indirectly 
 person. jn any way procures or permits the sale, diisposal, 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 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 offence, and 
 in any such case it shall not be necessary in any proceedings to 
 state the name of the person from whom the liquor has been 
 procured or by whom the sale, disposal, gift or delivery of liquor 
 has been made. C.O.Y.T. c. 76, s. 116. 
 
 PKICE OF LIQUOR NOT RECOVERABLE IN CERTAIN ACTIONS. 
 
 Price of 119. No licensee who sells liquor to any person not being a 
 
 be'recovered'. licensee, shall, if such liquor or any part thereof was to the know- 
 ledge of the licensee purchased for the purpose of re-selling, be 
 entitled to recover the price thereof in any court of justice. C.O. 
 Y.T. c. 76, s. 117. 
 
 Not to be 130. No person shall recover or be allowed to set-off or coun- 
 
 saie^iTs^sthan ter-claim for any charge foi' liquor in any quantity less than one 
 one gallon, 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 proceed- 
 ings by way of defence to the action, counter-claim or set-off. 
 C.O.Y.T. c. 76, s. 118. 
 
 Liability for 121, Whenever in any hotel or saloon or house where 
 PK^n° intoxicating liquors are sold, whether legally or illegally, any 
 
 drinking person has drunk to excess of intoxicating liquor of any kind 
 to excess. therein furnished to him and while in a state of intoxication 
 from such drinking has come to his death by suicide or drown- 
 ing, 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 recover such sums, not less than $100 nor more than $1,000 
 as may therein be assessed by the court or jury as damages. 
 
Liquor Licenses. Chap. 56. 625 
 
 The keeper of such hotel or other house or place and also any 
 other person or persons who for him, or in his employ, deli- 
 vered to ^ch 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 nor more 
 than $1,000 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. C.O.Y.T. c. 76, s.ll9. 
 
 GENERAL. 
 
 13S. Until the Commissioner appoints a Board of License Until com- 
 Commissioners as provided by section 5 of this Ordinance, ^pokte" 
 the chief inspector shall have all the powers and perform License 
 all the duties of said License Commissioners. C.O.Y.T. c. 76, Z^t°'' 
 s. 120. 
 
 SCHEDULE 1. 
 
 FoEM A.— Sec. 26. 
 
 To the Chief License Inspector: 
 
 The petition of the undesigned humbly showeth: That 
 your petitioner makes application 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 tlie proper officer the sum of fifty dollars ($50), 
 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. 
 
 70263—40 
 
626 Chap. 56. Liquor Licenses. 
 
 Sworn before me at , in the Yukon Territory, 
 
 this day of,; , 19 . 
 
 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 License 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 19 , to midnight on the 14th day 
 
 of July, 19 . 
 
 Dated at this day of , 
 
 19 . 
 
 Chief License Inspector. 
 
 Form D.— Sec. 114. 
 
 Canada, Yukon Territory: 
 
 Be it remembered that on the day of , 
 
 A.D. 19 , 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. 
 
 Given under my hand and seal this day of 
 
 at the of in said Territory. 
 
 J.P. 
 
 Form E.— Sec. 115. 
 
 Dawson, Yukon Territory. 
 
 A. B., of in the Yukon Territory. 
 
 Sir : In pursuance of the provisions of the Liquor License Ordi- 
 nance, respecting the interdiction of intemperate persons you 
 are hereby notified that C. D., of , in the Yukon 
 
 Territory, labourer (or as the case may be) is interdicted from 
 the use of intoxicating liquors, on order made by G. H., a 
 Justice of the Peace in and for the Yukon Territory, bearing 
 date the day of , and you are required 
 
 to govern yourself accordingly. 
 
Liquor Licenses. Chap. 56. 62T 
 
 You are liable if you give, sell, purchase or procure to, for 
 or oti behalf of such prohibited person, or for his (or her) use, 
 any liquor, upon conviction, to a penalty of not more than 
 $100 and in default of payment to not more than thriee months' 
 imprisonment, and if you are a licensee, forfeiture of license. 
 
 Your obedient servant, 
 
 E. F., 
 Chief Inspector. 
 
 Form F.— Sec. 116. 
 
 NOTICE OF INTERDICTION. 
 
 Take notice that undei* 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 bas requested notice to be given) to notify you 
 that you are not to directly or indirectly sell, give or deliver, 
 or suffer to be sold, given or delivered to (here insert name 
 and description' of person) any intoxicating liquor, under a 
 penalty of $100 and absolute forfeiture of your license. 
 
 Dated at this day of , A.D. 19 . 
 
 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 warehouse (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 required. 
 
 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. 
 
 "'2 
 
 70263—40^ 
 
'628 Chap. 50. Liquor Licenses. 
 
 5. Allowing liquor to be drunk on licensed premises during 
 prohibited hours. 
 
 That X. Y., on at in his premises, 
 
 being a place where liquor may be sdd, by retail, unlawfully 
 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). 
 
 7. Allowing liquor to be consumed on wholesale premises. 
 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 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 unla'wfuUy did sanction (or 
 allow) riotous or disorderly conduct in his said hotel. 
 
 9. 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 0. P., 
 against a provision of the Liquor License Ordinance. 
 
 11. Refusing to ddmit 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) unlawfully did refuse 
 (or fail) to admit (or did obstruct or attempt to obstruct) E. F., 
 an officer demanding to enter in the execution of his duty, or did 
 obstruct or attempt to obstruct E. F., 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 accom- 
 modation 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 
 
Liquor Licenses. Chap. 56. 629 
 
 (or through some one acting oh 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 premises, 
 by purchase (or otherwise) liquor to a person under the age of 
 eighteen years, not being a resident on the premises, or a bona 
 fide guest, lodger or traveller. 
 
 Form H. 
 
 FORM OF INFORMATION LAID (OB COMPLAINT MADE AS THE 
 CASE MAY be) . 
 
 Canada, Yukon Territory. To wit: 
 
 The information of A.B., of the of in 
 
 the of laid (or complaint made, 
 
 as the case may be) upon oath or affirmation before me, CD., 
 one of His Majesty's Justices of the Peace in and for the Yukon 
 Territory, the day of A.D. 
 
 one thousand mine 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. 
 
 C. D., J.P. 
 
 Form I. 
 
 FORM OF INFORMATION FOR SECOND, OR THIRD OFFENCE. 
 
 Canada, Yukon Territory. To wit : 
 
 The information of A. B., of etc., 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 
 
 19 , at the of in the 
 
 of unlawfully sold liquor without a license there^ 
 
 for required by law (or as the case may be) . 
 
"30 Chap. 56. Liquor Licenses. 
 
 And further that the said X. Y., was previously, to wit: 
 on the day of A. D., 19 , at 
 
 the of in the before, etc., (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 building 
 which communicates with an entrance within his premises, 
 by a person not usually a resident within the building of which 
 isuch premises form a part (or as the caSe may be). 
 
 Form J. 
 
 FORM OF CONVICTION OF FIRST OFFENCE. 
 
 vCanada, 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, unlawfully 
 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 orchis 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 according 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 dis- 
 tress warrant would be ruinous to the defendant and his family, 
 or it appears that he has no good^ whereon to levy a distress, 
 then instead of the words between the asterisks* say, inasmuch 
 as it has now 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 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 £he said sums and the 
 
 costs and charges of conveying the said X.Y. to the common jail 
 shall be sooner paid. 
 
 Given under my hand and seal the day and year first above 
 mentioned, at in the aforesaid Territory. 
 
 [L.S.i C. D., J.P. 
 
Liquor Licenses. Chap. 56. 631 
 
 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 
 
 , in in the Yukon Territory, X. Y. is 
 
 convicted before the undersigned C. D., one of His Majesty's 
 Justice^ 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 violated 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. Y. was previously, to 
 wit: on the day of A.D. 19 , at 
 
 before, etc., 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, etc., (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 unlawfully 
 
 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. bejng the informant)and I adjudge 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. 
 
 Given under my hand and seal the day and year first above 
 mentioned, at in the Yukon Territory. 
 
 [L.S.] C. D., J.P. 
 
 Form L. 
 
 warrant of commitment for first offence where a 
 penalty is imposed. 
 
 Canada, Yukon Territory. To wit: 
 To all and any of the constables and other peace officers in the 
 and the keeper of the common jail at 
 in the Yukon Territory. 
 
632 Chap. 56. Liquor Licenses. 
 
 Whereas, X. Y. , late of in the said Yukon Territory- 
 
 was on this day convicted before the undersigned CD., one of 
 HisMajesty's Justices of the Peace in and for the Yukon Terri- 
 tory or of (as the case may be) for that he 
 the said X. Y., on at 
 
 unlawfully did sell liquor without the license therefor by law 
 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 sum 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 
 
 che 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 
 elapsed. 
 
 (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 of 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 instead 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 the 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 custody 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 
 
Liquor Licenses. Chap. 56. 633 
 
 and of the commitment and conveying of the said 
 X.- Y. to the said common jail, 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. 
 
 FOBM M. 
 
 FORM OF DECLARATION OF FORFEITURE AND OF ORDER TO 
 DESTROY LIQUOR SEIZED. 
 
 If in conviction, after adjudging penalty or imprisonment, 
 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 
 whisky, two bottles containing gin, four kegs containing lager 
 beer, and five bottles containing wine (or as the case may be) 
 to be forfeited to His Majesty. 
 
 Given under my hand and seal the day and year first above 
 mentioned at, etc. 
 
 If by second or subsequent order — Canada, Yukon Territory. 
 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. 
 
 Given 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: 
 
 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 
 
634 Chap. 56. Liquor Licenses. 
 
 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. Y., and all other books and papers, accounts, 
 deeds and other documents in your possession, custody or con- 
 trol, 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. 
 
Importation of Intoxicating Liquors. Chap. ST. 635 
 
 CHAP. 57. 
 
 An Ordinance respecting the Importation of and Traf- 
 fic in Intoxicating Liquors. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Liquor Importation ^^ort title. 
 Ordinance. 
 
 2. No person excepting the holder of a license issued under No one to 
 the provisions of The Liquor License Ordinance and except g^^j' &^^°^ 
 as otherwise provided herein shall import or bring into the provided. 
 Yukon Territory any intoxicating liquor or intoxicant. C.O.Y.T. 
 
 c. 75, s. 1. 
 
 3. Before any person imports or brings into said Territory importers of 
 any intoxicating liquor or intoxicant he shall make application fiifg"°^tahi'*' 
 in writing to the Commissioner of the Yukon Territory for permit. 
 permission to do so. Such application shall specify the number 
 
 of gallons and the description of the liquor to be imported. 
 C.O.Y.T. c. 75, s. 2. 
 
 4. The following fees shall be paid by the person importing Fees. 
 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 Commissioner Fees may 
 if he considers it necessary to do so in order to regulate the ^'^ reduced, 
 traffic in intoxicating liquors. C.O.Y.T. c. 75, s. 3. 
 
 5. The Commissioner may thereupon issue to such applicant Permit to be 
 a special permission in writing to import or bring into the commi^^ 
 Territory such intoxicating liquor or intoxicant. C.O.Y.T. sioner. 
 
 c. 75, s. 4. 
 
 6. The Commissioner may appoint, prescriTDC the duties Commis- 
 and fix the salary of a chief preventive officer, and such oth^r sioner 
 officers and assistants as he considers necessary for the purpose Xoerl^^"*' 
 of enforcing the provisions of this Ordinance. C.O.Y.T. c. 75, 
 
 s. 5. 
 
 T. Any person importing or bringing into the Yukon Terri- Penalty for 
 tory any intoxicating liqubr or intoxicant without the special ^thout"^ 
 permission in writing of the Commissioner shall be guilty permit. 
 of an offence and on summary conviction thereof be liable to a 
 penalty not exceeding $500 with costs, and in default 
 
636 Chap. 57. Importation of Intoxicating Liquors. 
 
 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 by the Commissioner. C.O.Y.T. 
 c. 75, s. 6. 
 
 Licensee not 8. No licensee under the Liquor License Ordinance who 
 under ^™®^* imports or brings into the Territory any intoxicating liquor or 
 provisions intoxicant by the special permission in writing of the Commis- 
 of license. sioner shall sell the same in any other manner than that pro- 
 vided for by the license issued to him under said Ordinance. 
 C.O.Y.T. c. 75, s. 7. 
 
 Penalty for 9. Any infringement of the next preceding section shall 
 otherwise. '°^ Subject the offender on summary conviction to a penalty not 
 exceeding $500 with costs, and in default of payment thereof 
 to imprisonment for a term not exceeding three months, and 
 he may be refused any further permission to import or bring 
 liquor into the Territory. C.O.Y.T. c. 75, s. 8. 
 
 Permit may lO. The Commissioner may grant to any person permission 
 any^ne!''^ 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. C.O.Y.T. c. 75, s. 9 
 
 Powers of H. The chief preventive officer and his assistants shall 
 
 officers. £qj, ^j^g 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, ware- 
 house, shop or other building, and to make searches in every 
 part thereof and of the premises connected therewith. C.O.Y.T. 
 c. 75, s. 10. 
 
 refusing to"^ 12. Every person being therein or having charge thereof 
 admitofficers. who refuses or fails to admit such chief preventive officer or 
 assistant, or who obstructs or attempts to obstruct the entry 
 0^ 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 exceeding $500 and 
 costs, and in default of payment forthwith after conviction, 
 to imprisonment for a term not exceeding three months. CO. 
 Y.T. c. 75, s. n. 
 
Livery Stable Keepers. Chap. 58. '637 
 
 CHAP. 58. 
 
 An Ordinance respecting Keepers of Livery, Boarding 
 and Sales Stables. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Liven/ Stable Keepers Short title. 
 Ordinance. C.O.Y.T. c. 52, s. 1. 
 
 INTERPRETATION . 
 
 2. In this Ordinance unless the coiitext otherwise requires : interpretation. 
 
 1. The expression "livery stable keeper" means and includes "Livery 
 any person who for a money consideration or the equivalent ^^^^^j. ,. 
 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 ^'^^jg^g'''"^ 
 includes any person who, for a money consideration or its keeper." 
 equivalent, stables, boards or cares for any animal; 
 
 3. The expression "sales stable keeper" means and includes "Sales stable 
 any person who stables, boards or cares for any animal other keeper." 
 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 commission or otherwise. C.O.Y.T. 
 c. 52, s. 2. 
 
 LIEN OF STABLE KEEPER ENFORCEMENT. 
 
 3. Every livery stable, boarding stable or sales stable keeper Lien on 
 shall have a lien on the animals and effects hereinafter mentioned animals and 
 for the value or price of any food, care, attendance or accommo- ^ ®"'^' 
 dation 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, vehicle, harness, furnishings or other Detention tor 
 gear appertaining thereto and the personal effects of any person »n<iebted- 
 who is indebted to him for stabling, boarding or caring for such "*^'' 
 animal. C.O.Y.T. c. 52, s. 3. 
 
 4. Every livery stable, boarding stable or sales stable keeper, Care of 
 who has exercised the right of detention by this Ordinance effete' *° 
 provided shall be obliged to keep in his possession and be detained, 
 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 the indebtedness Sale by 
 in respect of the same within one month from the commencement amotion, 
 of such detention, the keeper detaining may sell or cause the 
 
638 
 
 Chap. 58. 
 
 Livery Stable Keepers. 
 
 Api^cation of 
 proceeds of 
 gale. 
 
 Notice of same to be sold by public auction on giving two weeks notice 
 *■ of sale by advertisement in the newspaper published nearest 
 
 to such stable, or if more than one newspaper is published 
 in the 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; 
 (6) The amount of indebtedness and charges for detention; 
 
 (c) A description of the animals and effects; and 
 
 (d) The name of the seller. C.O.Y.T. c. 52, s. 4. 
 
 5. The proceeds derived from such sale shall be applied; 
 
 (o) In paying the expenses incurred by such detention, 
 advertising and sale: 
 
 (6) 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 therefor. C.O.Y.T. c. 52, s. 5. 
 
 BaJanee of ©. In case such owner does not apply for the same within 
 
 noTclaimed 0^6 month from the day of such sale then such surplus shall 
 
 to be handed be handed over to the Territorial Treasurer to be kept by him 
 
 treMurer°"*' ^^ ^ 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. C.O.Y.T, c. 52, s. 6. 
 
 ORDINANCE TO BE POSTED. 
 
 C!opy of 
 Ordinance 
 to be posted 
 in stable. 
 
 7. It shall be the duty of every livery stable, boarding 
 stable and sales stable keeper to have a copy of this Ordinance 
 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. C.O.Y.T. c. 52, s. 7. 
 
 PERIODICAL CLEANSING OF STABLE. 
 
 Stable to be 
 thoroughly 
 cleansed and 
 disinfected 
 twice every 
 year. 
 
 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 immediately 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. C.O.Y.T. c. 52, s. 8. 
 
Driving Logs, Etc. Chap. 59. 639 
 
 CHAP. 59. 
 
 An Ordinance respecting the Driving of Saw Logs and 
 other Timber on Lakes, Rivers, Creeks and Streams. 
 
 1. This Ordinance may be cited and known as The Saw short title. 
 Logs Driving Ordinance No. 10, 1908, s. %• 
 
 3. Where the words following, occur in this Ordinance they interpreter 
 shall be construed in the manner hereinafter mentioned, unless tio"- 
 a contrary intention appears: 
 
 1. "Logs" shall include saw logs, timber, posts, ties, cord- 
 wood and other things being parts of trees. 
 
 2. "Water" shall mean and include lakes, ponds, rivers, 
 creeks and streams in this Territory. No. 10, 1908, s. 2. 
 
 3. Any person putting or causing to be put, into any water, Persons 
 logs, for the purpose of floating the same in, upon or down such ^''Ji^'^ ^°^ 
 water, shall make adequate provisions and put on a sufl&cient etc., not to 
 force of men to break, and shall make all reasonable endeavours obstruct 
 
 to break jams of such logs and clear the same from the banks and navigation, 
 shores of such water with reasonable despatch, and run and 
 drive the same so as not to unnecessarily delay or hinder the 
 removal, floating, running or driving of other logs, or unne- 
 cessarily obstructing the floating or navigation of such water. 
 No. 10, 1908, s. 3. 
 
 4. In case of the neglect of any person to comply with the in case of 
 provisions of the preceding section, it shall be lawful for any pefson* 
 other person desiring to float, run or drive logs in, upon or down obstructed 
 such water, and whose logs would be thereby obstructed, to cause ^^y. "J^^"" 
 such jams to be broken and such logs to be cleared from the 
 
 banks and shores of such water, and to be floated, run and driven 
 in, upon and down such water. No. 10, 1908, s. 4. 
 
 5i The person causing such jams to be broken, or such P™son 
 logs to be cleared, floated, run or driven, pursuant to the last obstruction 
 preceding section, shall do the same with reasonable economy ^ "se 
 and despatch, and shall take reasonable care not to leave logs "^ ''^^^' 
 on the banks or shores, and shall have a lien upon the logs in the 
 jam or so cleared, floated, run, or driven for the reasonable 
 charges and expenses of breaking the jams and the clearing, 
 floating, running, driving, booming and keeping possession 
 of such logs, and ma/y take and keep possession of such logs 
 or so much thereof as may be reasonably necessary to satisfy 
 the amount of such charges and expenses pending the decision 
 by arbitration as hereinafter provided for. 
 
 2. The person taking possession of logs under this section 
 shall use all reasonable care not to take such logs beyond the 
 
640 Chap. 59. Driving^ Logs, Etc. 
 
 place of their original destination, if known, but may securely 
 boom and keep possession of the same at or above such place. 
 
 3. The owner or person controlling such logs, if known, 
 shall be forthwith notified of their whereabouts, and if satis- 
 factory security be given for the amount of such charges and 
 expenses, possession of the logs shall be given up. No. 10, 1908, 
 s. 5. 
 
 Provision u^ When logs of any person upon orin any water or the 
 
 S sOTerai banks or shores of such water, are so intermixed with logs of 
 
 owners another person or persons that the same cannot be conveniently 
 
 veniently°"be separated for the purpose of bfeing floated in, upon or down 
 
 separated. such Water, then the several persons owning or controlling the 
 
 intermixed logs, shall respectively make adequate provisions, 
 
 and put on a fair proportion of the men required to break 
 
 jams of such intermixed logs, and to clear the same from the 
 
 banks and shores of such water with reasonable despatch, 
 
 and to float, run and drive the same in, upon and down such 
 
 water, and the costs and expenses thereof shall be borne by the 
 
 parties in such proportions as they may agree upon, and in default 
 
 of agreement as may be determined by arbitration as hereinafter 
 
 provided for. No. 10, 1908, s. 6. 
 
 Provision 7. In case of neglect of any person to comply with the pro- 
 
 oi any°pOTtion visions of the last preceding section, it shall be lawful for any 
 ofjogs is in other person whose logs are intermixed, to put on a sufficient 
 number of men to supply the deficiency and break jams of such 
 intermixed logs, and to clear the same from the banks and shores 
 of such water, and to float, run and drive all such intermixed logs 
 in, upon and down such water. No. 10, 1908, s. 7. 
 
 Lien on §. The person supplying such deficiency and causing such 
 
 °^' jams to be broken, or such intermixed logs to be cleared, floated, 
 
 run or driven, pursuant to the last preceding section, shall do the 
 same with reasonable economy and despatch, and shall take 
 reasonable care not to leave . logs on the banl^s or shores, 
 and shall have a lien upon the logs owned or controlled by the 
 person guilty of such neglect, for a fair proportion of the charges 
 and expenses of breaking the jams, and the clearing, floating, 
 running, driving, booming and keeping possession of such in- 
 termixed logs; and may take and keep possession of such logs, 
 or so much thereof, as may be reasonably necessary to satisfy the 
 amount of such fair proportion of" charges and expenses pending 
 the decision by arbitration, as hereinafter provided for. 
 
 2. The person taking possession of logs under this section 
 shall use all reasonable care not to take such logs beyond the 
 place of their original destination, if known, but may securely 
 boom and keep possession of the same at or above such place. 
 
 3. The owner or person controlling such logs, if known, shall 
 be forthwith notified of their whereabouts, and if satisfactory 
 security be given for the amount of such proportion of charges 
 and expenses, possession of the logs shall be given up. No. 10, 
 1908, s. 8. 
 
 default. 
 
Driving Logs, Etc. Chap. 59. 641 
 
 9. When logs of any person, upon or in any water, or the of''fJgg'°° 
 banks or shores of such water, are intermixed with logs of another ° 
 person, then any of the persons whose logs are intermixed may, 
 
 at any time during the drive, require his logs to be separated from 
 the other logs at some suitable and convenient place, and after 
 such separation he shall secure the same at his own cost and ex- 
 pense, in such manner as to allow free passage for such other logs : ^^ 
 Provided, that when any logs so intermixed reach their place of 
 original destination, if known, the same shall be separated from 
 the other logs, and after such separation the owner shall secure 
 the same at his own cost and expense. No. 10, 1908, s. 9. 
 
 10. The several persons owning or controlling the inter- Expenses of 
 mixed logs shall respectively make adequate provisions and put to^be^ghared. 
 on a fair proportion of the men required to make the separation; 
 
 the cost and expense of such separation shall be borne by the 
 parties in such proportions as they may agree upon, and in de- 
 fault of agreement, as may be determined by arbitration, as 
 hereinafter provided. No. 10, 1908. s. 10. 
 
 11. In case of neglect of any person to comply with the Provision 
 provisions of the last preceding section, it shall be lawful for any d^eTnoT"^"^ 
 other person, whose logs are intermixed, to put on a sufficient provide for 
 number of men to supply the deficiency, and the logs owned by or ^F ^^F® 
 controlled by the person guilty of such neglect shall be subject 
 
 to a lien in favour of the person supplying the deficiency, for a fair 
 proportion of the charges and expenses of making the separation, 
 and for the reasonable charges and expenses of booming and keep- 
 ing possession, and such person may take and keep possession 
 of such logs or so much thereof as may be reasonably necessary 
 to satisfy the amount of such fair proportion of charges and ex- 
 penses pending the decision by arbitration, as hereinafter pro- 
 vided for. 
 
 2. The person taking possession of logs under this section 
 shall use all reasonable care not to take such logs beyond the 
 place of their original destination, if known, but may securely 
 boom and keep possession of the same at or above such place. 
 
 3. The owner or person controlling such logs, if known, 
 shall be forthwith notified of their whereabouts, and if satis- 
 factory security be given for the amount of such proportion of 
 charges and expenses, possession of the logs shall be given up. 
 No. 10, 1908, s. 11. 
 
 12. The security referred to in sections 5, 8 and 11 may be Form of 
 by bond in form A in the schedule hereto, or by deposit of security, 
 money, or in such other way as the parties may agree upon. 
 
 No. 10, 1908, s. 12. 
 
 13. If it be determined by arbitration, as hereinafter pro- Damages 
 vided for, that any person acting under the assumed authority "^^^^ ^as 
 of this Ordinance, has without just cause taken possession of or wronjully 
 detained or caused to be taken possession of or detained logs of detained 
 another person, or has after offer of security which the arbitrators refused 
 
 security. 
 
 70263—41 
 
642 
 
 Chap. 59. 
 
 Driving Logs, Etc. 
 
 Lien under 
 BB. 5, 8 and 
 11 subject 
 to lien 
 for tolls. 
 
 Rights of 
 Crown not 
 affected. 
 
 may think should have been accepted, detained such logs, or has 
 through want of reasonable care left logs of another person on 
 the banks or shores or has taken logs of another person beyond 
 the place of their original destination contrary to the provisions 
 of sections 5, 8 or 11, then such first mentioned person shall pay 
 to such last mentioned person such damages as the arbitrators 
 may determine. No. 10, 1908, s. 13. 
 
 14. The lien given by sections 5, 8 and 11 of this Ordinance 
 shall be subject to the lien (if any) of any person for tolls or 
 dues, for the use of any works or improvements made use of in 
 running or driving logs. No. 10, 1908, s, 14. 
 
 15. Nothing in this Ordinance shall effect the liens or rights 
 of the Crown upon or in respect of any logs. No. 10, 1908, 
 s. 15. 
 
 Disputes to lo. All claims, disputes and differences arising under this 
 arbitration. ^ Ordinance shall be determined by arbitration as hereinafter 
 provided and not by action. No. 10, 1908, s. 16. 
 
 Appoint- 
 ment of 
 arbitrators. 
 
 IT. The person claiming that another person has not 
 complied with the provisions of this Ordinance, or claiming 
 payment of any charges or expenses under this Ordinance, or 
 claiming a lien upon any logs, or claiming damages under section 
 13, shall give to such other person notice in writing, stating the 
 substance of the claims made, and appointing an arbitrator, 
 and calling upon such other person to appoint an arbitrator 
 within ten days after the service of the notice. 
 
 2. If such other person does not within the ten days appoint 
 an arbitrator, a Judge of the Territorial Court shall, on the 
 application of the person giving the notice, appoint a second 
 arbitrator. 
 
 3. The two arbitrators so appointed shall within ten days 
 after the appointment of the second arbitrator appoint a third; 
 if the two arbitrators do not within the ten days appoint a third, 
 a Judge of the Territorial Court shall, on the application of 
 either party, appoint the third arbitrator. No. 10, 1908, 
 s. 17. 
 
 Appoint- 
 ment of new 
 arbitrators. 
 
 18. If an arbitrator refuses to act or becomes incapable of 
 acting, or dies, and the parties do not concur in appointing a new 
 arbitrator, a Judge of the Territorial Court shall, on the applica- 
 tion of either party, appoint a new arbitrator. No. 10, 1908, 
 s. 18. 
 
 Parties may 19. The parties may agree that the arbitration shall be by 
 
 a^ee to one arbitrator instead of by three, and they may either agree 
 
 onJ^ ° ^ upon the arbitrator or may apply to the Judge of the Territorial 
 
 arbitrator. Court to appoint One. No. 10, 1908, s. 19. 
 
 Counter- 
 claim. 
 
 20. The person on whom a claim is made and notice of 
 arbitration served may at any time before the arbitration is 
 
Driving Logs, Eic. Chap. 59. 643 
 
 entered upon or with leave of the arbitrators during the arbitra- 
 tion, give the claimant notice in writing by way of counterclaim, 
 stating the substance of any claim arising under this Ordinance 
 which such person iriay have against the claimant, and such 
 counterclaim, unless barred under section 27, shall be deter- 
 mined in the arbitration and an award made with respect 
 thereto. No. 10, 1908, s. 20. 
 
 21. The three arbitrators or the sole arbitrator, as the case Tuim within 
 may be, shall proceed with the arbitration with due despatch, ^ y^^ made, 
 and shall make their or his award in writing, under their or his 
 
 hand, within thirty days from the date of the appointment of 
 such arbitrator, or the last of such three arbitrators, as the case 
 may be. The parties may, by consent in writing, from time to 
 time enlarge the time for making the award, or a Judge of the 
 Territorial Court may, from time to time, either before or after 
 the expiration oif the said time, enlarge the time for making the 
 award. No. 10, 1908, s. 21. 
 
 22. The arbitrators or arbitrator may require the personal witnesses 
 attendance and examination upon oath of the parties and their '^"'^ evidence, 
 witnesses and the production of all books and documents 
 relating to the matters in question, and may determine by 
 
 whom the expense of the arbitration, and the costs of the parties 
 shall be paid, and the amount thereof; any costs or expenses 
 payable to a person having a lien upon logs by virtue of this 
 Ordinance shall be added to the amount of such lien. No. 10, 
 1908, s. 22. 
 
 23. Arbitrators' fees for services under this Ordinance shall be Authority 
 fixed by a Judge of the Territorial Court. No. 10, 1908, s. 23. ^^ *° ''°^*^- 
 
 24. The person having a lien upon logs by virtue of this Arbitrators' 
 Ordinance, may sell such logs in order to realize the amount of g^j^^ ^ 
 such lien, and of the costs, charges and expenses connected with person having 
 the sale. The arbitrators or arbitrator shall determine either 'i™- 
 
 by their award or by separate document the time, place and 
 manner of such sale, and may from time to time give directions, 
 in writing, respecting such sale, and the realization of such lien, 
 and of the costs, charges and expenses connected therewith. 
 No. 10, 1908, s. 24. 
 
 25. The award and directions, in writing, of any two of the A.wardand 
 three arbitrators, or of the sole arbitrator, as the case may be, ^"^6^*'o"s to 
 shall be final and binding upon and shall be obeyed by the parties, 
 
 and shall be valid notwithstanding any want or defect of form 
 or other technical objection. No. 10, 1908, s. 25. 
 
 26. A Judge of the Territorial Court may, on the application Compelling 
 of either party, grant an order to compel any person to attend ^^t^dance 
 and give evidence upon the arbitration and to produce all books and produc- 
 and documents relating to the matters in dispute, and obedience *'°° °' 
 
 documents. 
 
 70263— 4U 
 
644 
 
 Chap. 59. 
 
 Driving Logs, Etc. 
 
 Liability 
 for non- 
 attendance. 
 
 Limitation 
 of claims. 
 
 Commis- 
 sioner may 
 exempt 
 part of 
 Territory 
 from I an 
 Ordinance. 
 
 Territory 
 
 exempted 
 
 may be 
 
 again i 
 
 brought 
 
 under 
 
 Ordinance. 
 
 to such order of such judge made in a cause or matter pending 
 before him in Court may be enforced, and the person neglecting 
 or refusing, without lawful excuse, to obey such order, shall be 
 liable to an action by any person aggrieved by such neglect or 
 refusal for the damages sustained by him thereby. No. 10, 
 1908, s. 26. 
 
 27. All claims arising under this Ordinance shall be made by 
 notice in writing under section 17, within one year after the same 
 have arisen, otherwise they shall be barred. No. 10, 1908, s. 27. 
 
 28. The Commissioner may, from time to time, by procla- 
 mation published in the Yukon Gazette declare that any part 
 of this Territory or any water therein shall, until further pro- 
 clamation, be exempt from the operation of this Ordinance, and 
 thereupon the same shall be exempt accordingly. No. 10, 1908, 
 s. 28. 
 
 29. Any part of this Territory, or any water therein exempted 
 by proclamation from the operation of this Ordinance, may, by 
 proclamation published in the Yukon Gazette, be again brought 
 within its operations until further proclamation, and so on from 
 time to time. No. 10, 1908, s. 29. 
 
 SCHEDULE. 
 
 Form A. 
 (Section 12.) 
 
 Know all men by these presents that we (here insert names of 
 obligors, being the owner of the logs and at least one sufficient 
 surety; or, if the signature of the owner cannot be obtained 
 without unreasonable delay, then being two sureties) , 
 
 are held and firmly bound unto A. B., (here insert the name of 
 the person claiming the lien) in the penal sum of (double the 
 amount of the claim) | to be paid to the said A. B., his 
 
 executors, administrators and assigns, for which payment well 
 and truly to be made, we, and each of us, bind ourselves, and each 
 of us our and each of our executors and adminstrators jointly 
 and severally, firmly by these presents, sealed with our seals, and 
 signed by us this day of 
 
 , A. D., 19 . 
 
 Whereas, The said A. B., claiming to act under the authority 
 of The Saw Logs Driving Ordinance, has taken possession of 
 certain (saw logs, timber, etc., as the case may be) owned or 
 controlled by and claims a lien thereon for 
 
 the sum of $ , under the provisions of section (5, 8 or 
 
 11, as the case may be) of the said Ordinance. 
 
 And, Whereas, this bond is given as security for payment to 
 the said A. B., of such sum as he may be held entitled to by ar- 
 bitration pursuant to the said Ordinance, and of any costs and- 
 expenses of the arbitration which may become payable to him. 
 
Driving Logs, Etc. Chap. 59. 645 
 
 Now the condition of the above obligation is such that if the 
 said , his executors, or administrators do pay to the 
 
 said A. B., his executors, administrators or assigns, such sum as 
 may be determined by arbitration pursuant to the said Ordi- 
 nance, to be payable to the said A. B., his executors, administra- 
 tors or assigns, for charges and expenses under section (5, 8 or 11, 
 as the case may be) of said Ordinance, and also such sum as may 
 becorne payable to the said A. B., his executors, administrators 
 or assigns, for costs and expenses of such arbitration, then the 
 above obligation to be void, otherwise to remain in full force. 
 
 Signed, sealed and delivered 
 
 in the presence of CD. (Seal.) 
 
 X. Y. F. G. (Seal.) 
 
646 
 
 Chap. 60. 
 
 Marriages. 
 
 CHAP. 60. 
 An Ordinance respecting Marriages. 
 
 SHORT TITLE. 
 
 Short title. 1. This Ordinance may be cited as The Marriage Ordinance. 
 C.O.Y.T. c. 42, s. 1. 
 
 SOLEMNIZATION OE MARRIAGE. 
 
 Who may 
 perform 
 marriage 
 ceremony. 
 
 Marriage 
 
 ceremony 
 
 not to be 
 
 performed 
 
 without 
 
 license or 
 
 banns. 
 
 Witnesses. 
 
 Registration. 
 
 No action 
 
 against 
 
 person 
 
 solemnizing 
 
 marriage. 
 
 2. The ministers and clergymen of every church or rehgious 
 denomination duly ordained or appointed according to the rites 
 and ceremonies of the churches, denominations or religious 
 bodies to which they respectively belong and commissioners and 
 staff officers of the Salvation ^rmy 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 Com- 
 missioner may solemnize or perform the ceremony of marriage 
 between any two persons not under a legal disqualification or 
 disability to contract such marriage. C.O.Y.T. c. 42. 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 been proclaimed by pub- 
 lication of banns at least thrice openly on two successive Sundays 
 in some public religious assembly. C.O.Y.T. c. 42, s. 3. 
 
 4. All marriages shall be solemnized in the presence of two 
 or more credible witnesses besides the minister, clergyman, 
 marriage commissioner or other person performing the ceremony; 
 and evety person solemnizing a marriage shall register the same 
 according to the provisions of The Vital Statistics Ordinance. 
 C.O.Y.T. c. 42, s. 4. 
 
 5. No person duly authorized who solemnizes a marriage in 
 conformity with the provisions of section 2 of this Ordinance 
 shall be subject to any action or liability for damages or other- 
 wise by reason of their having been any legal impediment to the 
 marriage unless at the time when he performed the ceremony he 
 was aware of the impediment. C.O.Y.T. c. 42, s. 5. 
 
 Issue of 
 licenses. 
 
 ISSUE OF MARRIAGE LICENSES. 
 
 6. The marriage license shall be in form "A" in the schedule 
 to this Ordinance and shall be supplied from the office of the 
 
Marriages. Chap. 60. 647 
 
 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 clergyman of any church or religious 
 denomination, who are hereby declared ex officio issuers of 
 licenses. C.O.Y.T. c. 42, s. 6. 
 
 7. Such licenses shall be signed by the Commissioner and Signature of 
 shall be and remain valid notwithstanding that the Commis- •"=enses. 
 sioner has ceased to hold office before the time of the issue of the 
 license. C.O.Y.T. c. 42, s. 7. 
 
 8. Every issuer of marriage licenses shall sign each license as Signature by 
 the same is issued by him. C.O.Y.T. c. 42, s. 8. '''"^''• 
 
 9. Before a license is granted by any issuer one of the parties Affidavit _ 
 to the intended marriage shall personally make an affidavit ofUcer^e?"^*"* 
 before him to the effect of form B in the schedule hereto. 
 
 2. The affidavit may he 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 application by 
 one of said parties. C.O.Y.T. c. 42, s. 9. 
 
 10. In case the issuer has knowledge or reason to suspect Further 
 that any of the statements in the affidavit of any applicant for ^1' reaulred*^ 
 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 affidavits and evidence shall be placed on 
 file in his office. C.O.Y.T. c. 42, s. 10. 
 
 11. The father, if living, of any person under twenty-one Consent to 
 years of age (not being a widower or widow) or if the father is ^fn^rg^^ °' 
 dead then the mother of the minor or if both parents are dead 
 
 then the lawfully appointed guardian or the acknowledged 
 guardian who may have brought up or for three years immed- 
 iately preceding the intended marriage supported or protected 
 the minor shall have authority to give consent to such marriage. 
 C.O.Y.T. c. 42, s. 11. 
 
 12. Every issuer of marriage licenses shall on the fifteenth Quarterly 
 day of January, April, July and October in each year make a J'?*"™^ °' 
 sworn return to the Territorial Treasurer of all licenses issued by issue^. 
 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 instance. 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. C.O.Y.T. c. 42, s. 12. 
 
648 
 
 Chap. 60. 
 
 Marriages. 
 
 Return of 
 
 unissued 
 
 licenses. 
 
 Fees for 
 licenses. 
 
 Unau- 
 thorized 
 issue of 
 licenses or 
 solemniz- 
 ation of 
 marriage. 
 
 Penalty. 
 
 13. Every issuer 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. C.O.Y.T. c. 42, s. 13. 
 
 14. There shall be payable to every issuer of marriage 
 licenses on the issue of each license by him the sum of $5 of which 
 such issuer shall be entitled to retain |2 as his fee; the remainder 
 ha 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. C.O.Y.T. c. 42, s. 14. 
 
 15. Any person unlawfully issuing a marriage license , any 
 issuer of marriage licenses granting a license without first having 
 obtained the affidavit required by this Ordinance, and any 
 person solemnizing a marriage contrary to the provisions of this 
 Ordinance shall, on summary conviction thereof before two 
 justices of the peace, for every such contravention forfeit and 
 pay a fine not exceeding $100 and costs. C.O.Y.T. c. 42, s. 15. 
 
 SCHEDULE. 
 Form A. — Section 6. 
 
 CANADA. 
 
 Yukon Territory, 
 
 These are to certify that A. B. 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 solemniza- 
 tion 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 
 
 Issued at 
 this 
 
 Commissioner of the Yukon Territory. 
 
 in the Yukon Territory 
 day of A.D. 19 
 
 Issuer. 
 
Marriages. Chap. 60. 649 
 
 Form B. — Section 9. 
 
 I, A.B. Bachelor {or Widower) 
 
 or 
 
 CD. 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 knowldege 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 of the parties is under the age of twenty-one years 
 add) 
 
 E.F. of is the person whose consent to the said 
 
 marriage is required by law arid the said E.F. has formally 
 consented 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 said marriage is required by law and the said 
 E. F. and G. H. have formally consented to the said marriage. 
 
 {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 CD. {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 there 
 is no person who has authority to give consent 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 concerning the 
 other party according to the facts.) 
 
 {Signed) A.B. {or CD.) 
 
 Sworn before me at 
 
 in the Yukon Territory 
 this day of A.D. 
 
 19 
 
 {Signed) I.J. 
 
650 
 
 Chap. 61. 
 
 Married Women's Property. 
 
 CHAP. 6i. 
 
 Personal 
 property of 
 married 
 women. 
 
 An Ordinance respecting the Personal Property of 
 Married Women. 
 
 1. A married woman shall in respect of personal property 
 be under no disabilities whatsoever heretofore existing by 
 reason of her coverture or otherwise but shall in respect of- 
 the same have all the rights and be subject to all the liabilities 
 of a feme sole. C.O.Y.T. c. 43, s. 1. 
 
■ Masters and Servants. Chap. 62. 651 
 
 CHAP. 62. 
 
 An Ordinance respecting Masters and Servants. 
 
 1. Every contract or hire of personal service shall be subject Contracts of 
 to the provisions of this Ordinance and if such contract is for any ^'""s- 
 period more than one year it shall be in writing and signed by 
 the contracting parties. C.O.Y.T. c. 46, s. 1. 
 
 3. Any person engaged, bound or hired whether as clerk. Servant 
 journeyman, apprentice, servant, labourer or otherwise howso- misconduct, 
 ever, guilty of drunkenness or of absenting himself by day 
 or night without leave from his proper service or employment 
 or of refusing or neglecting to perform his just duties or to obey 
 the lawful commands of his master or of dissipating his em- 
 ployer's property or effects shall be deemed guilty of a violation 
 of his contract and upon summary conviction of one or more of Penalty, 
 the said violations, forfeit and pay such sum of money not ex- 
 ceeding $30 as to the justice seems meet together with costs of 
 prosecution and in default of payment thereof forthwith shall 
 be imprisoned for any period not exceeding one month. CO. 
 Y.T. c. 46, s. 2. 
 
 3. Any justice, upon oath of any employee, servant or Non-payment 
 labourer complaining against his or her master or employer ° ^^s®^- 
 concerning any non-payment of wages (not exceeding six months 
 
 wages, the same having been first demanded) ill-usage or im- 
 proper 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 discharge the servant or labourer from the service or em- 
 ployment 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 justice shall make such order for payment 
 of the said wages as to him seems just and reasonable with costs 
 C.O.Y.T. c. 46, s. 3. 
 
 4. Proceedings may be taken under this Ordinance within J;™it of 
 three months after the engagement or employment has ceased proc^eedings- 
 or within three months after the last instalment of wages under 
 
 the agreement of hiring has become due whichever shall last 
 happen. C.O.Y.T. c. 46, s. 4. 
 
 5. The provisions of this Ordinance shall be held to apply in Ordinance 
 the Territory to contracts and agreements made at any place contorts" 
 outside the same. C.O.Y.T. c. 46, s. 5. made outside 
 
 the Territory. 
 
652 Chap. 62. Masters and Servants. 
 
 remedies *** Nothing in this Ordinance shall in any wise curtail, 
 
 preserved. abridge or defeat any civil or other remedy for the recovery of 
 
 wages or damages which employers or masters may have against 
 
 servants or employees or which servants or employees may have 
 
 against their masters or employers. C.O.Y.T. c. 46, s. 6. 
 
 be^fmprison^ '*'' Notwithstanding any provision to the contrary of any 
 unless guilty law or Ordinance in force in this Territory, whenever any pro- 
 of fraud. ceedings are taken before one or more justices of the 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 master or employer has committed some act 
 of fraud tending to deprive his creditors generally, or the com- 
 plainant in particular of his recourse against him, or that he is 
 about to leave the Yukon Territory, with the same intent. 
 C.O.Y.T. c. 46, s. 7. 
 
Mechanics and Literary Institutes. Chap. 63. 653 
 
 CHAP. 63. 
 
 An Ordinance respecting Mechanics and Literary 
 Institutes. 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as The Mechanics and short title. 
 Literary Institutes Ordinance. C.O.Y.T. c. 62, s. 1. 
 
 ORGANIZATION AND OBJECTS OF INSTITUTES. 
 
 3. A mechanics and literary institute shall be held to Mode of 
 have been organized under the provisions of this Ordinance organization, 
 whenever thirty persons resident in any city or town incorporated 
 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 verified before any person auth- 
 orized to administer oaths or afiidavits to be used in the Terri- 
 torial Court such declaration and certificate to be in form A 
 in the schedule hereto. C.O.Y.T. c. 62, s. 2. 
 
 3. Upon the Commissioner approving the organization of Election of 
 the proposed institute, the party making the certificate accoip- °ffi<=ers. 
 panying the same or in his absence any one appointed by the 
 Territorial Secretary shall call a meeting for the election of the 
 various ofiicers by public notice specifying the time and place 
 
 of meeting published for two weeks in the nearest neswpaper 
 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. C.O.Y.T. c. 62, s. 3. 
 
 4. Any person may become a member of a mechanics and Annual 
 literary institute organized under this Ordinance by paying subscription. 
 to the treasurer thereof yearly the sum of $1 which shall be held 
 
 to be due on the first day of each calendar year. C.O.Y.T. c. 62, 
 s. 4. 
 
 5. The objects of institutes organized under this Ordinance Purpose, 
 shall be to encourage mechanics, manufacturers and arts 
 generally : 
 
654 
 
 Chap. 63. Mechanics and Literary Intitules. 
 
 Annual 
 meeting. 
 
 Voting, etc. 
 
 (a) By having evening classes organized for the imparting 
 of practical instruction to its pupils; 
 
 (b) By establishing a library of books on one or more of the 
 following subjects, viz: mechanics, manufactures, agri- 
 culture, horticulture, philosophy, science, the fine and 
 decorative arts, history, travels, poetry, biography and 
 fiction; 
 
 (c) Establishing a reading room. C.O.Y.T. c. 62, s. 5. 
 
 6. The annual meeting of every institute shall be held in 
 the month of October in each year on the call of the president 
 who 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 newspaper or by posting 
 it in five conspicuous places as provided in section 3 hereof 
 when there shall be elected a president, vice-president, a secre- 
 tary-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 three members for any time during the month of Novem- 
 ber. C.O.Y.T. c. 62, s. 6. 
 
 T. 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. 
 C.O.Y.T. c. 62, s. 7. 
 
 Meeting of 
 oflBcers. 
 How called. 
 
 8. A meeting of the ofiicers 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 ofiicers at least five days before the day appointed 
 and at any such meeting four shall be a quorum. C.O.Y.T. 
 c. 62, s. 8. 
 
 Annual 
 report. 
 
 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; 
 
 (6) 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 offer. C.O.Y.T. c. 62, s. 9. 
 
 Financial 
 statement to 
 be audited. 
 
 lO. There shall also be presented at the annual meeting a 
 detailed statement of the receipts and disbursements of the 
 institute during the year which said statement shall be audited 
 by the auditor in that behalf before being submitted to the said 
 meeting. C.O.Y.T. c. 62, s. 10. 
 
Mechanics and Literary Institutes. Chap. 63. 655 
 
 11. The said report and statement if approved by the meeting ^opy'^f^ 
 shall be entered in the journals of the institute kept for such annual report 
 purpose and signed by the president or vice-president as being ^ be sent to 
 a correct entry and a true copy thereof certified by the president geCTetary. 
 and secretary for the time being shall be forwarded to the 
 Territorial Secretary within one month from the date of such 
 meeting. C.O.Y.T. c. 62, s. 11. 
 
 13. The officers shall give such information as in their ^®?^^^ 
 power lies that the Territorial Secretary may from time to time information, 
 require touching the interest and condition of the objects of the 
 organization in their locality. C.O.Y.T. c. 62, s. 12. 
 
 13. The funds of the institute however derived may be ex- -'^PPli^^t^o" 
 pended for any object not inconsistent with those authorized ° 
 
 by this Ordinance; provided that not more than one quarter of 
 the amount received shall be expended for the purpose of a read- 
 ing room. C.O.Y.T. c. 62, s. 13. 
 
 14. Each institute formed under this Ordinance shall be a J^^^g*^*^ 
 corporation with a corporate seal under the name of "The Me- corporation, 
 chanics and Literary Institute of " 
 (inserting the distinguishing name of the institute) and shall Powers, 
 have power to acquire, hold, sell, mortgage, lease or otherwise 
 dispose of or encumber real estate and other properties real and 
 personal. C.O.Y.T. c. 62, s. 14. 
 
 SCHEDULE. 
 
 Form A. — Sec. 2. 
 
 We, the undersigned, respectively residing in the (city or 
 town,) of in the Yukon Territory 
 
 agree to form ourselves into an institute under the provisions 
 of The Mechanics and Literary Institutes Ordinance, under the 
 name of "The Mechanics and Literary Institute of 
 
 " and we respectively promise to pay to the 
 treasurer of the said institute annually as long as we continue 
 members thereof, the sums set opposite our respective names 
 and to conform ourselves to the by-laws and regulations of the 
 said institute and we hereby state that we purpose carrying 
 on the objects of our organization at the city (or town) of 
 
656 Chap. 63. Mechanics and Literary Institutes. 
 
 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 first annual subscription to the proposed 
 mechanics and literary institute of ; and that I 
 
 hold on behalf of the said proposed institute 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 conscien- 
 tiously believing it to be true and knowing that it is of the same 
 force and effect as if made under oath and by virtue of The 
 Canada Evidence Act. 
 
 Declared before me at ] 
 
 this of [ (Subscriber's signature.) 
 
 19 J 
 
 {Signature of officer receiving declaration.) 
 
Medicine and Surgery. Chap. 64. 657 
 
 CHAP. 64. 
 
 An Ordinance respecting the Profession of Medicine 
 
 and Surgery. 
 
 1. This Ordinance may be cited as The Yukon Medical Short title. 
 Ordinance. No. 1, 1912, s. 1. 
 
 3. The Territorial Secretary shall cause to be prepared and Medical 
 kept a book or register to be called "The Yukon Territory Register. 
 Medical Register, " in which shall be entered the name of every 
 person registered according to the provisions of this Ordinance 
 and from time to time the names of all persons who have com- 
 plied with the enactments hereinafter contained 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 men- 
 tioned shall be deemed to be qualified and licensed to practise 
 medicine, surgery or midwifery in the said Yukon Territory, 
 and such book or register shall at all proper times be open and 
 subject to inspection. No. 1, 1912, s. 2. 
 
 3. Every person who is now duly and legally licensed to who to be 
 practise under any Ordinance heretofore in force in the Yukon entitled to 
 Territory shall be entitled to be registered under this Ordinance '^®2'^*^'^- 
 without payment of any fee whatever. No. 1, 1912, s. 3. 
 
 4. It shall be the duty of the Territorial Secretary to keep Duty of 
 the register correct in accordance with the provisions of this gecreta^' 
 Ordinance, and he shall from time to time make the necessary 
 alterations in the addresses or qualifications of the persons 
 registered under this Ordinance. No. 1, 1912, s. 4. 
 
 5. The following persons shall be entitled to be admitted Who to be 
 upon the register: admitted 
 
 (a) Any person who at the time of his application shall Register, 
 furnish proof that he has been duly licensed by the proper 
 authority in that behalf to practise medicine and surgery in 
 Great Britain and Ireland or in any Province or Territory of 
 Canada or in any British Colony, provided such person shall 
 furnish to the satisfaction of the Commissioner satisfactory 
 evidence of identification and good standing. 
 
 (b) Any person who shall produce from any recognized college 
 or school of medicine or surgery in Great Britain or Ireland, 
 or in any Province or Territory of Canada, or any British 
 Colony a certificate or certificates that he has taken a four 
 years' course of study and has received a diploma of qualification 
 from such recognized college or school; provided also that such 
 
 70263—42 
 
658 
 
 Chap. 64. 
 
 Medicine and Surgery. 
 
 Annual fee. 
 
 person shall furnish to the satisfaction of the Commissioner 
 satisfactory evidence of identification and good standing. 
 
 (c) Any person who shall produce from any recognized 
 college or school of medicine and surgery other than such as are 
 hereinbefore described, a certificate or certificates that he has 
 taken a four years' course of study and has received a diploma 
 of qualifications from such recognized college or school: provided 
 also that such person shall furnish to the Commissioner satis- 
 factory evidence of identification and good standing and pass 
 before such examiners as may be appointed by the Commissioner 
 for that purpose, satisfactory examination touching his fitness and 
 capacity to practise as a physician and surgeon, and provided 
 that every applicant for such examination shall first pay to the 
 Territorial Treasurer the sum of two hundred dollars towards 
 defraying the expenses of such examination. No. 1, 1912, s. 5. 
 
 6. Each practising physician and surgeon shall pay to the 
 Territorial Secretary on or before the thirtieth day of June 
 in each year the sum of twenty dollars, and upon such payment 
 the Territorial Secretary shall give to such practising physician 
 and surgeon a certificate showing such payment. 
 
 2. Should any practising physician or surgeon fail to pay 
 the annual fee in this section prescribed such fee shall be recover- 
 able with the costs of suit in an action for the recovery thereof 
 by the Commissioner No. 1, 1912, s. 6. 
 
 Names to be y, jf a^y registered medical practitioner shall be convicted 
 cause. ° of any felony or misdemeanour or shall after inquiry be judged 
 by the Commissioner to have been guilty of any infamous 
 conduct in any professional respect, the said Commissioner may, 
 if he sees fit, suspend such practitioner from practice for such 
 time as to him seems just or may direct the Territorial Secretary 
 to erase the name of such practitioner from the register and the 
 Territorial Secretary shall forthwith erase the name of such 
 practitioner from the register. And the Commissioner shall have 
 full power and authority to inquire into any charge or charges 
 of infamous or disgraceful conduct in respect of any medical 
 practitioner as such. No. 1, 1912, s. 7. 
 
 to practise 
 etc. 
 
 Persons regis- 8. Every person registered and duly licensed under the pro- 
 tered entitled visions of this Ordinance, shall be entitled to practise medicine 
 and surgery, mcludmg midwitery, 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 costs 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, 1912, ,s. 8. 
 
 Limitation 9. No duly registered physician and surgeon of the Yukon 
 
 action! ^"'^ Territory shall be liable to any action for negligence and mal- 
 practice, 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, 1912, s. 9. 
 
Medicine and Surgery. Chap. 64. 659 
 
 _ lO. The Territorial Secretary shall from time to time under Names to be 
 direction of the Commissioner cause to be printed and published ''" 
 a correct register of the names, in alphabetical order, according to 
 the surnames, with their respective residences, in the form set 
 forth in the schedule to this Ordinance or to the like effect, together 
 with the medical diplomas, titles and qualifications, conferred 
 by any college or body, of all persons appearing on the register for 
 the time being, a copy of which register properly attested by the 
 Territorial Secretary shall be prima Jade evidence in all Courts 
 and before all justices of the peace and all others, that the 
 persons therein ^ecified are registered according to provisions 
 of this Ordinance and entitled to practise medicine, surgery or 
 midwifery in the Yukon Territory. Each duly registered 
 physician and surgeon shall be entitled to a copy of such medical 
 register. 
 
 2. In case of any person whose name does not appear in 
 such copy, a certificate under the hand of the Territorial Secre- 
 tary, 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, 1912, s. 10. 
 
 11. Any person entitled to be registered under this Ordinance Omission to 
 who neglects or omits to be so registered, shall not be entitled register. 
 
 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 in force against unqualified or 
 unregistered practitioners. No. 1, 1912, s. 11. 
 
 12. It shall not be lawful for any person not registered to No person 
 practise medicine or surgery or midwifery for hire or hope of ^ed^^i^ ^ 
 reward; and if any person, not registered pursuant to this unless 
 Ordinance, for hire, gain or hope of reward, practises or professes registered, 
 to practise medicine, surgery or midwifery, he shall, upon 
 summary conviction thereof before any justice of the peace, 
 
 for any and every such offence, be liable to a penalty not exceed- 
 ing one hundred dollars. No. 1, 1912, s. 12. 
 
 13. Any person who, wilfuUy or falsely, pretends to be a Penalty for 
 physician, doctor of medicine, surgeon or general practitioner, pretending to 
 or assumes any title, addition or description other than he o^do<rtor.'^" 
 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. No. 1, 1912, 
 s. 13. 
 
 14. Any person not registered pursuant to this Ordinance Penalty for 
 who takes or uses any name, title, addition or description ™S'^°??//^ 
 implying or calculating to lead people to infer that he is regis- physician^ ° 
 tered under this Ordinance or that he is recognized by law ^t"- 
 
 as a physician, surgeon or licentiate in medicine, surgery or 
 midwifery, shall be liable upon summary conviction thereof 
 
660 
 
 Chap. 64. 
 
 Medicine and Surgery. 
 
 Cannot 
 recover in 
 civil action 
 unless 
 registered . 
 
 before any justice of the peace to a penalty not exceeding one 
 hundred dollars nor less than twenty-five dollars. No. 1, 1912, 
 s. 14. 
 
 15. No person shall be entitled to recover any charge in 
 any court of law for any medical or surgical advice, or for 
 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 18 of this Ordinance. No. 1, 1912, s. 15. 
 
 Medical 16. No person shall be appointed as medical officer, phy- 
 
 Officermust ^^cian or surgeon in any branch of the public service of the 
 be registered. Yukon Territory, or in any hospital or other charitable institu- 
 tion, unless he is registered under the provisions of this Ordi- 
 nance. No. 1, 1912, s. 16. 
 
 Certificates 1'7. No certificate required by any Ordinance in force, 
 aigned^by^*^^ °^ *^^* ^^^ hereafter be passed, from any physician or surgeon 
 registered or medical practitioner, shall be valid unless the person signing 
 physician. the Same is registered under this Ordinance. No. 1, 1912, s. 17. 
 
 Prosecutions 18. Any prosecutions under this Ordinance may be brought 
 rae'^justice ""^^ o^ heard before any one or more of His Majesty's justices of 
 of the peace, the peace, and such justice or justices may award payment 
 of costs in addition to the penalty; and in case the penalty and 
 costs awarded by him, or them, are not upon conviction forth- 
 with paid, may commit the offender to the common jail, there 
 to be imprisoned for any term not exceeding one month, with 
 or without hard labour, unless the penalty and costs are sooner 
 paid. Provided that if it shall appear on any prosecution 
 under this Ordinance that by reason of unforeseen and sudden 
 sickness or accident any person has needed medical or surgical 
 treatment and that no medical practitioner 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 com- 
 plainant. No. 1, 1912, s. 18. 
 
 Penalty . 
 
 Exception 
 where no 
 medical 
 practitioner. 
 
 Burden of 
 proof. 
 
 19. In any prosecution under this Ordinance the burden 
 of proof as to registration shall be upon the person charged. 
 No. 1, 1912, s. 19. 
 
 Proof of 
 
 registration, 
 
 production 
 
 of certificate 
 
 signed by 
 
 proper 
 
 officer. 
 
 20. 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 Terri- 
 torial Secretary for the time being shall be sufficient 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 capacity of Territorial Secretary 
 under this Ordinance shall be prima facie evidence that such 
 
Medicine and Surgery. Chap. 64. 661 
 
 person is such registrar, without any proof of his signature 
 or of his being, in fact, such registrar. No. 1, 1912, s. 20. 
 
 21. Every prosecution under this Ordinance shall be com- Prosecution 
 menced within six months from the date of the alleged offence, months^"' 
 No. 1, 1912, s. 21. 
 
 22. Any person may be prosecutor or complainant under ^yp^''^" 
 this Ordinance. No. 1, 1912, s. 22. prosecute. 
 
 23. All fines and penalties imposed under any of the pro- Fines and 
 visions of this Ordinance, and all moneys to be received and ^^^^p^^ of 
 levied thereunder, shall, after the receipt the'reof by the person consolidated 
 authorized to receive the same, be forthwith paid by such person Revenue. 
 
 to the Territorial Treasurer and shall form part of the consoli- 
 dated fund of the Yukon Territory. No. 1, 1912, s. 23. 
 
 24. The words "legally qualified medical practitioner" or Meaning of 
 other words implying legal recognition of any person as a qualified 
 medical practitioner when used in any Ordinance or law applied ^actftioner. 
 to this Territory shall be construed to mean a person registered 
 
 under this Ordinance. No. 1, 1912, s. 24. 
 
 25. The fee for registration under any clause of this Ordinance Fee for 
 
 is fifty dollars. No. 1, 1912, s. 25. registration, 
 
 26. Homeopathic physicians may be registered under this Homeopathic 
 
 Ordinance. No. 1, 1912, s. 26. ^^Y 
 
 register. 
 
 27. A majority of the practising physicians and surgeons Tariff of 
 at a meeting called for that purpose may make a tariff of fees fees. How 
 for professional services to be rendered by them and such tariff '^^^^^^^ ■ 
 when so made shall be submitted to the Commissioner 
 
 for approval, and such tariff so approved shall be forthwith 
 filed with the Territorial Secretary. 
 
 2. Such tariff of fees when so approved and filed shall 
 contain the maximum fee which any physician or surgeon may 
 recover for professional services rendered by him. 
 
 3. Every physician and surgeon shall be entitled to a copy 
 of such tariff certified under the hand of the Territorial Secretary 
 on payment of a fee of one dollar, and every copy of such tariff 
 so certified shall be prima facie evidence in any court or before 
 any justice of the peace of the fees to be recovered by physicians 
 and surgeons for professional services under the provisions of 
 this Ordinance in the Yukon Territory. No. 1, 1912, s. 27. 
 
 28. Provided that nothing in this Ordinance shall be con- Exception 
 structed to prevent any person from rendering surgical and in case of 
 medical aid in case of accident, or where such medical and •'"^^'^gency. 
 surgical aid is immediately required, if at such time no physician 
 
 or surgeon registered under this Ordinance is present or can at 
 once be obtained. No. 1, 1912, s. 28. 
 
662 
 
 Chap. 65, 
 
 Protection of Miners. 
 
 CHAP. 65. 
 An Ordinance for the Protection of Miners. 
 
 SHOKT TITLE. 
 
 Short title. 1. This Ordinance may be cited as 
 Ordinance. C.O.Y.T. c. 13, s. 1. 
 
 The Miners Protection 
 
 APPLICATION. 
 
 Application. 2. This Ordinance shall apply to every mine of whatever 
 description within the Yukon Territory. C.O.Y.T. c. 13, s. 2. 
 
 Interpreta- 
 tion. 
 
 "Mine.' 
 
 "Shaft." 
 ' 'Inclined 
 plane." 
 "Plan." 
 
 "Owner." 
 
 "Agent." 
 
 INTERPRETATION. 
 
 3. In this Ordinance and in any special rules made under the 
 ■ provisions of this Ordinance unless the context otherwise 
 requires : — 
 
 1. "Mine" includes every shaft in the course of being 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; 
 
 3. "Inclined plane" includes slope; 
 
 4. "Plan" includes a map and section or sections, and a 
 correct copy or tracing of any original plan as so defined; 
 
 5. "Owner," in relation to any mine means any person 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 part 
 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 ; 
 
 6. "Agent" in relation to any mine means any person having 
 on behalf of the owner, care or direction of any mine or anj' 
 part thereof. C.O.Y.T. c. 13, s. 3. 
 
 Commiaaion 
 may appoint 
 inapeotor. 
 
 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. C.O.Y.T. c. 13, s. 4. 
 
Protection of Miners. Chap. G5. 663 
 
 DUTIES OF INSPECTOR. 
 
 5. It shall be the duty of every inspector: — 
 
 1.' To visit and inspect from time to time every mine within P"*^^^^"' 
 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 due regard to the safety and pro- 
 tection 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, 
 
 (6.) 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 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. C. 
 O.Y.T. c. 13, s. 5. 
 
 INSPECTION. 
 
 6. The inspector shall have power to do all or any of the Power of 
 following things, namely— inspector. 
 
 1. To make such examination and inquiry as is necessary 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 working 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 sufficiency of any special rules for the time 
 being in force in the mine and all matters and things connected 
 with or relating to the 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 effect. 
 
 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. C.O.Y.T. c. 13, s. 6. 
 
 T. If in any respect (which is not provided against by any Proceeding if 
 express provision of this Ordinance, or by any special rule) the cl^S^"*"^ * 
 inspector finds any mine, or any part thereof, or any matter, be dangerous, 
 thing or practice in or connected with any mine, to be dangerous 
 
664 
 
 Chap. 65. 
 
 Protection of Miners. 
 
 Commis- 
 sioner may 
 authorize 
 inspector to 
 hold 
 
 investigation 
 of accidents. 
 
 or defective, so as in his opinion to threaten or tend to the bodily 
 injury of any person, 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 offence 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 time 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 provisions of this 
 section, or be liable under any contract to any penalty or for- 
 feiture for doing such acts. C.O.Y.T. c. 13, s. 7. 
 
 8. Where it appears to the Commissioner that a formal 
 investigation of any accident in any mine or of any matter 
 connected with the working of any mine is expedient, the Com- 
 missioner may direct the inspector to hold such investigation, 
 and with respect to any such investigation the following pro- 
 visions shall have effect: 
 
 1. The inspector shall make such investigation in such 
 manner and under such conditions as he thinks most effectual 
 for the making of a full investigation. 
 
 2. The inspector for the purposes of the investigation shall 
 have all the powers of a commissioner appointed under Chapter 
 45 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 ex- 
 pedient; 
 
 (6.) 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 inspector 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 obedience 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 
 
Protection of Miners. Chap. 65. 665 
 
 document which he is required by the inspector to produce, or 
 prevents or impedes the inspector when engaged in such in- 
 vestigation, 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 investigation 
 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 investigation 
 shall be paid out of the general revenue fund. C.O.Y.T. c. 13, 
 s. 8. 
 
 CORONERS INQUESTS. 
 
 0. With respect to coroners inquests on the bodies of persons Provisions 
 whose death may have been caused by explosions or accidents po^onera 
 in mines, the following provisions shall have effect: inquests. 
 
 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 inspector for the district of his 
 intention to hold such inquest and in the absence, non-arrival or 
 non-attendance of^the inspector, the coroner shall adjourn such 
 inquest whenever practicable to enable the inspector or some 
 other properly qualified person appointed by the Commissioner 
 to be present to watch the proceedings. 
 
 2. The coroner at least four days before holding the ad- 
 journed inquest shall send to the Commissioner or to the in- 
 spector for the district notice in writing of the time and place 
 of holding such adjourned inquest. 
 
 3. The coroner before the adjournment may take evidence 
 to identify the body and may order the interment thereof. 
 
 4. The inspector or such other person so appointed, and a 
 person appointed by the workmen of the mine at which the ex- 
 plosion or accident occurred shall be at liberty at any such inquest 
 to examine any witnesses, subject nevertheless, to order of the 
 coroner. 
 
 5. Where evidence is given at an inquest at which the inspec- 
 tor 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 explosion 
 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 summon any person disqualified under this provi- 
 
666 Chap. 65. Protection of Miners. 
 
 sion, and it shall be the duty of the Coroner not to allow any such 
 person to be sworn or to sit on the jury. 
 
 7. 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 sum- 
 mon as jurymen not more than three working 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 provisions of 
 this section shall be guilty of an offence against this Ordinance. 
 C.O.Y.T. c. 13, s. 9. 
 
 EMPLOYMENT OF BOYS. 
 
 ?mploy°ed°n^^ lO. No boy of or above the age of twelve years, and under 
 mine. the age of sixteen years shall be employed either about or allowed 
 
 to be for the purpose 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. 
 
 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 in- 
 cluding 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 with- 
 out requiring payment of any fee, upon the application of any 
 boy desiring employment, make the necessary examination 
 of the boy and grant him such certificate, if he is found to be en- 
 titled 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. C.O.Y.T. c. 13, s. 10. 
 
 PAYMENT OF WAGES. 
 
 be*^aid"in *" "'"•''•• ^^ wages shall be paid to any person employed in or 
 public houses, about any mine at or within any public house, road house or 
 
 place for the sale of any spirits, beer, wine or other spirituous 
 
 or fermented liquors. C.O.Y.T. c. 13, s. 11. 
 
 ventira of ^^' Every person who contravenes or permits any person to 
 
 Ordinance to Contravene the provision of the next preceding section shall be 
 be an offence, guilty of an offence against this Ordinance, and in the event of 
 any such contravention by any person whomsoever 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 contravention. C.O.Y.T. c. 13, s. 12. 
 
Protection of Miners. Chap. 65. 667 
 
 SHAFTS. 
 
 13. The owner, agent or manager of a mine shall not employ shafts to 
 any person in the mine or permit any person to be in the mine for '^^'^^j.^^^^^r 
 the purpose of employment therein unless the following condi- rSng and""^ 
 tions respecting shafts or outlets are complied with; that is to say; lowering men. 
 
 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 materials 
 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. 
 
 2. Every owner, agent or manager who acts in contravention Owner 
 
 of or fails to comply with this section shall be guilty of an offence neglecting to 
 against this Ordinance. proper^ 
 
 3. The Territorial Court or any judge thereof whether any other apparatus 
 proceedings have been taken or not, may upon the application ogence°^ 
 of the Crown Prosecutor prohibit by injunction the working of Court may 
 any mine in which any person is employed or is permitted to be by injunction 
 for the purpose of employment in contravention of this section working of 
 or of any other section of this Ordinance, and may award such jn'"? "o* 
 costs. in the matter of the injunction as the Court or judge thinks apparatus."^^"^ 
 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 injunction Written 
 in respect to any mine shall be given to the owner, agent or ""j*'"?;"' 
 manager of the mine not less than two days before the applica- to apply for 
 
 tion is made. injunction to 
 
 be served on 
 owner. 
 
 5. No person shall be precluded by any agreement from doing j^g^g 
 such acts as are necessary to comply with the provisions of this necessary to 
 Ordinance or be liable under any contract to any penalty or orf^'^fj,^'*'^ 
 forfeiture for doing such acts as are necessary in order to comply allowed, 
 with the provisions of this Ordinance. C.O.Y.T. c. 13, s. 13. 
 
 14. When in or about any mine whether above or below Loss of life or 
 ground either, personal 
 
 (a.) Loss of life or any personal injury to any person employed tob7rlp^ted 
 in or about the mine occurs by reason of the explosion of gas, to Com- 
 powder or other explosive, or of any steam boiler, or, 
 
 (6.) Loss of life or any serious personal injury to any person 
 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 explosion or accident send 
 notice in writing of the explosion or accident, and of the loss 
 of life or personal injury occasioned thereby to the Commis- 
 sioner and to the inspector for the district, and shall specify in 
 such notice the character 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 
 
 missioner. 
 
668 
 
 Chap. 65. 
 
 Protection of Miners. 
 
 Notice of 
 death to be 
 sent to Com- 
 missioner 
 
 accident or explosion in the form given in the schedule to this 
 
 Ordinance. 
 
 2. Where any personal injury of which notice is required 
 
 to be sent under this section results in the death of the person 
 
 injured, notice in writing of the death shall be sent to the Com- 
 vdthin^24°*°'^ missioner and to the inspector for the district within twenty- 
 hours, four hours after such death comes to the knowledge of the owner, 
 
 agent or manager. 
 Failure to 3. Every owner, agent or manager who fails to act in com- 
 
 send notice an pliance with this section shall be guilty of an offence against this 
 ■ Ordinance. C.O.Y.T. c. 14, s. 14. 
 
 Notice of 
 change of 
 ownership or 
 , opening or 
 closing of 
 mine to be 
 sent to Com- 
 raisaioner. 
 
 15. In any case, — 
 
 1. Wherever, any change occurs in the name of the owner, 
 agent or manager of any mine or in the offices of any incorporated 
 company which is the owner of any such mine, or, 
 
 2. Where any working is commenced for the purpose of open- 
 ing any such mine, or, 
 
 3. Where any mine is abandoned or the working thereof dis- 
 continued, or, 
 
 4. Where the working of a mine is re-commenced 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, re-com- 
 mencement or change; and if such notice is not given, the owner, 
 agent or manager shall be guilty of an offence against this 
 Ordinance provided that this section shall not apply to 
 placer mines. C.O.Y.T. c. 13, s. 15. 
 
 ABANDONED MINES. 
 
 Abandoned 
 shafts to be 
 fenced. 
 
 16. Whe:fe any mine is abandoned or the working thereof 
 discontinued at whatever time such abandonment or discon- 
 tinuance occurs the owner thereof and every other person in- 
 terested 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 in- 
 terested in the minerals of the mine in carrjdng this section into 
 effect; and, 
 
 2. Nothing in this section shall exempt any person from any 
 liability under any other Ordinance, act, law or otherwise, 
 
 3. If any person fails to act in conformity with this section 
 he shall be guilty of an offence against this Ordinance. CO. 
 Y.T., c. 13, s. 16. 
 
Protection of Miners. Chap. 65. 669 
 
 GENERAL RULES. 
 
 IT. The following general rules shall be observed as far as is Rules, 
 reasonably practicable in every mine: — 
 
 Rule 1 . 
 
 An adequate amount of ventilation shall be constantly Ventilation. 
 produced in every mine to dilute and render harmless 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 of Entrances to 
 working and extension, shall be properly fenced across the ™orking°to 
 whole width of such entrance so as to prevent persons inad- be fenced, 
 vertently entering the same. 
 
 Rule 3. 
 
 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 ^{j^ where*" 
 noxious gases prevailing in such mine or such part thereof or of there are 
 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 4- 
 
 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 signals 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 raising or lowering minerals, if exceeding thirty 
 
670 Chap. 65. Protection of Miners. 
 
 yards in length unless exempted in writing by the inspector, 
 shall be provided with some proper means of communicating dis- 
 tinct 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. 
 
 Manholes. 
 
 Rule 6. 
 
 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 feet, at intervals 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; 
 
 a. Where the load is drawn by machinery or other mechan- 
 ical appliances and there is not standing room of at least two 
 feet, there shall be provided at intervals of not more than 
 fifteen yards, suSicient manholes or 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; 
 
 b. Whenever in the opinion of the inspector the precautions 
 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. 
 
 Rule 7. 
 
 Manholes to Every manhole and every place of refuge shall be kept 
 be kept clear, (.jg^p^ ^nd no person shall place anything in a manhole 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 qj. yggd only as an air shaft shall be kept sfecurely fenced. 
 
 Rule 9. 
 
 Where Where the natural strata are not safe every working or 
 
 stota not pumping shaft shall be securely cased, lined or otherwise made 
 
 sale shafts to secure . 
 be cased. - 
 
 Rule 10. 
 
 Roof and The roof and sides of every travelling road and working 
 
 travelling place shall be made secure and a person shall not unless appointed 
 
 road and for the purpose of exploring or repairing travel or work in any 
 
 riaoes"to be ^^^^ travelling road or working place unless the same is so 
 
 made safe, made secure. 
 
Protection of Miners. Chap. 65. 671 
 
 Rule 11. 
 
 Every working shaft used for the purpose of drawing minerals Working 
 or for the lowering or raising of persons shall if exceeding fifty |hai*5™yards 
 yards in depth and not exempted in writing by the inspector, be deep to be 
 provided with guides and some proper means of communicating provided 
 distinct and definite signals from the bottom of the shaft, and ^d signa'is.^ 
 from every entrance for the time being in use, between the surface 
 and the bottom of the shaft to the surface and from the surface 
 to the bottom 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 or Cages to have 
 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 inspector. 
 
 Rule 13. 
 
 Single linked chain shall not be used for lowering or raising single liYiked 
 persons in any working shaft or place except for the short coup- chains not to 
 ling chain attached to the cage or load. oages^ ' 
 
 Rule 14- 
 
 There shall be on the drum of every machine used for lower- Drums to 
 ing or raising persons such flanges or horns, and also if the drum ^^^^ flanges. 
 is conical such other appliances as are sufficient to prevent the 
 rope from slipping. 
 
 Rule IS. 
 
 There shall be attached to every machine worked by steam, Machines to 
 water or mechanical power and used for lowering or raising ^^^^ brakes, 
 persons an adequate brake and also a proper indicator, in addi- 
 tion 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 the Fly-wheels to 
 machinery used in or about the mine shall be and be kept securely ^® fenced, 
 fenced. 
 
 Rule 17. 
 
 Every steam boiler shall be provided with a proper steam Steam boiler 
 gauge and water gauge to show, respectively, the pressure of *° ^^^^ 
 steam and the height of water in the boiler and with a proper '"'°p®'' sa"ge. 
 safety valve. 
 
672 
 
 Chap. 65. 
 
 Protection of Miners. 
 
 Ladders not 
 to be 
 vertical. 
 
 Rule 18. 
 
 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 convenient angle 
 which the space in which the ladder is fixed allows; and every 
 such ladder shall have substantial platforms at intervals of not 
 more than twenty yards. 
 
 . Rule 19. 
 
 tion°to^e*^^ If more than twelve persons are ordinarily employed in the 
 provided mine below ground sufficient accommodation shall be provided 
 above ground above ground near the principal entrance of the mine and not 
 dothingf"^ in the engine room or boiler room for enabling the persons em- 
 ployed in the mine to conveniently and with comfort dry and 
 change their clothing. 
 
 Rule 20. 
 
 No person to 
 damage or 
 remove 
 appliances 
 for safety of 
 mine. 
 
 No person shall wilfully damage or without proper authority 
 remove or render useless any fence, fencing, casing, lining, guide, 
 means of signalling, signal, cover, chain, flange, horn, brake, in- 
 dicator, ladder, platform, steam gauge, water gauge, safety valve 
 or other appliance or thing provided for any mine in compliance 
 with this Ordinance. 
 
 RtdeSl. 
 
 Dir^tions for Every person shall observe such directions as are given with 
 ^served. ^ respect to Working as are given to him with a view to comply 
 with this Ordinance or any special rules in force under this Ordin- 
 ance in the mine. 
 
 Rule 22. 
 
 Machinery A competent person or persons who . shall be appointed for 
 
 appliances to ^^^ purpose shall once at least in every twenty-four hours exa- 
 
 be examined mine the State of the external parts of the machinery, and the 
 
 hours ^* 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 examine the state of the shafts 
 
 by which persons ascend or descend and the guides or conductors 
 
 therein. 
 
 Ride 23. 
 
 Miners may 
 appoint two 
 persons to 
 inspect. 
 
 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, working places, return air-ways, ventila- 
 
Protection of Miners. Chap. 65. 673 
 
 ting apparatus, old workings 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 pur- 
 pose and shall be signed by the persons who make the same. 
 
 Rule 24. 
 
 The majority of the workmen at any mine may appoint Miners may 
 a person to examine' the seat of any accident resulting in the pereJn to 
 
 • death or injury of any person. examine seat 
 
 a. Every person who does not comply with or contravenes °^ accident. 
 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 whomsoever 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 prevent such non-compliance or contravention by 
 publishing and to the best of his power enforcing the said rules 
 as regulations for the working of the mine. 
 
 b. 'The Commissioner may from time to time make such 
 
 - additional rules as in his opinion appears necessary 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. 
 
 Provided that Rules 6, 13, 15, 16, 18, 22 and 23 shah not Certain rules 
 
 -apply to placer mines. C.O.Y.T. c. 13, s. 17. topiacT'^ 
 
 . mines . 
 NOTICES. 
 
 18. All notices required by this Ordinance shall be in writing Notices. 
 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 in proving such service or sending it shall be sufficient 
 proof that the letter containing the notice was properly addressed 
 and put in the post. C.O.Y.T. c. 13, s. 18. 
 
 PENALTIES. 
 
 19. Every person employed in or about a mine other than an Penalties. 
 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. 
 
 70263—43 
 
674 ■ Chap 65'. Protection of Miners. 
 
 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 imposed. 
 
 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 representa- 
 tion 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. 
 
 7. In any prosecution or other procedure against any owner, 
 agent or manager for an offence against this Ordinance 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 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, accident or offence, or among 
 some of them. 
 
 Provided 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. C.O.Y.T. 
 c. 13, s. 19. 
 
Protection of Miners. Chap. 65. 675. 
 
 SCHEDULE. 
 
 (Section 14.) 
 Form of Notice of Explosion or Accident. 
 
 Name of mine 
 
 Date 
 
 To the Commissioner of the Yukon Territory and to the Inspec- 
 tor of the District 
 
 Sirs : — 
 III 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 occurred 
 
 Date of the accident 
 
 Character of the accident 
 
 If from explosion, whether of gas, explosive or steam boiler 
 
 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.) 
 
676 
 
 Chap. 66. Regulating Speed of Motor Vehicles. 
 
 CHAP. 66. 
 
 An Ordinance to Regulate the Speed and Operation 
 of Motor Vehicles on Highways. 
 
 Short title. 
 
 Interpre- 
 tation. 
 
 "Motor 
 Vehicle." 
 
 ■"Highway" 
 
 -Public 
 
 Highway." 
 
 1. This Ordinance may be cited as The Motor Vehicle 
 Ordinance. No. 14, 1914, s. 1. 
 
 2. In this Ordinance, unless the context otherwise requires, 
 the terms or expressions — - 
 
 "Motor vehicle" means and includes automobiles, and 
 all other vehicles propelled by any power other than muscular 
 power, excepting traction engines knd such motor vehicles as 
 run only upon rails or tracks; 
 
 "Highway" or "public highway" means and includes 
 any public highway or road, street, lane, alley, park, parkway, 
 driving or public place within or outside of any city, town or 
 village. No. 14, 1914, s. 2. 
 
 motor t*o ^* ^^^^J person owning a motor vehicle shall, for every 
 
 regiBter such Vehicle owned by him, file in the office of the Territorial 
 
 'te°"f*'°'to Secretary a statement containing his name and address, with 
 
 , o mo r. ^ brief description of the vehicle so owned by him, including 
 
 the name of the maker, factory number, style of vehicle and 
 
 motor power, on a blank to be provided by said Territorial 
 
 Secretary for the purpose. No. 14, 1914, s. 3. 
 
 ^ee on filing 
 -statement. 
 
 Dealers or 
 :aeents to 
 pay fee and 
 display 
 numbering 
 plates. 
 
 4. The fee to be paid upon the filing of such statement shall 
 be as follows : $3 in the case of motorcycles, and . $10 in the 
 case of all other motor vehicles, and, upon the filing of such 
 statement as aforesaid and payment of the proper fee, the said 
 Territorial Secretary shall register such motor vehicle in a 
 book or index to be kept for that purpose and assign to it a 
 distinctive number. 
 
 2. The provisions of this Ordinance, as to registration and 
 display of permanent numbers, shall not apply to bona-fide 
 dealers in, or agents for, automobiles, in respect to new cars 
 in stock, or used as demonstrators by such dealers or agents: 
 Provided, however, that every such dealer or agent shall pay 
 to the Territorial Secretary the registration fee as provided 
 for in Section 4 of this Ordinance, and secure a number plate, 
 which number plate shall be temporarily attached to the dash 
 board or wind shield of such new car or demonstrator when the 
 same is in operation on any street or highway in such manner 
 that said number plate can be easily seen. No. 14, 1914, s. 4. 
 
 Kegistration 
 certificate. 
 
 5. The Territorial Secretary shall forthwith issue and deliver 
 to the owner of such motor vehicle a certificate of registration. 
 
Regulating Speed of Motor Vehicles. Chap. 66. 677 
 
 2. The Territorial Secretary shall issue and deliver to the ^J^J^^®"^ 
 owner of such motor vehicle at the time of the is^ue of th« re- ^ * 
 gistration certificate as aforesaid two number plates having 
 thereon the registration number of such motor vehicle, the 
 abbreviated name of the Territory and the year of issue. 
 
 3. The Territorial Secretary may charge a fee of $1 for ^^^^^^ 
 each set of number plates issued pursuant to the provisions of pStes^"^ 
 this Ordinance. No. 14, 1914, s. 5. 
 
 6. The certificate of registration referred to in the next pre- what 
 ceding section shall contain the name of the owner of the vehicle shaii^"*'** 
 registered, his address, the name of the maker of the said vehicle, contain., 
 the factory number, style and motive power. No. 14, 1914, s. 6. 
 
 T. Every certificate of registration, and all renewals thereof. Time of 
 shall have force and effect up to the fifteenth day of July next cOTtificite- 
 after the same shall have been issued, unless sooner revoked. 
 No. 14, 1914, s. 7. 
 
 8. Every certificate of registration may be renewed from year Renewal of 
 to year, from the fifteenth day of July in any year upon applica- certificate, 
 tion to the Territorial Secretary and the payment of the fee re- 
 quired by this Ordinance. No. 14, 1914, s. 8. 
 
 9. Upon the sale or transfer of ownership of any motor Owner to 
 vehicle, registered pursuant to the provisions of this Ordinance, oJ^^lfgter^ 
 it shall be the duty of the person in whose name such motor and new 
 vehicle is registered to immediately notify the Territorial Se- "J"^''^ 
 cretary of the name and address of the new owner, and to return fssul 
 Wie registration certificate and number plates for the motor 
 vehicle so sold or transferred, and such certificate shall be can- 
 celled by the Territorial Secretary, and the number plates may 
 
 be re-issued by him to the new owner, together with the new 
 certificate of registration, which shall remain in force until the 
 fifteenth day of July following, and a fee of $2 shall be charge- 
 able in respect of the issue of such new certificate. No. 14, 1914, 
 s. 9. 
 
 10. Every motor vehicle shall have firmly attached to and Number 
 exposed on the front and the back thereof one of the number attached to 
 plates assigned and issued by the Territorial Secretary. The motor. 
 number on the front shall be in such position as to render it 
 distinctly visible. The number on the back shall be placed on 
 
 the motor vehicle, and in such a position as to be distinctly 
 visible, so that the lower edge thereof shall not be lower than 
 the axle, provided that motor cycles, in lieu of displaying the 
 number plates hereinbefore required, shall have attached to the 
 rear mud guard of such motor cycles the registration number 
 thereof in figures of not less than three inches in height and not 
 less than three-eighths of an inch in width; there shall be at all 
 times a marked contrast between the colour of the number plates 
 and that of the numerals or letters thereon. 
 
678 
 
 Chap. 66. Regulating Speed of Motor Vehicles. 
 
 No other 
 number 
 plate to be 
 «xpoBed. 
 
 Lights to 
 be carried . 
 
 Motor to be 
 ■equipped 
 with brake, 
 bell, horn, 
 
 •etc. 
 
 2. No number plate other than that issued by the Territorial 
 Secretary shall be exposed on any part of a motor vehicle. No. 
 14, 1914, s. 10. 
 
 11. Every motor vehicle shall at all times after dusk and 
 before dawn carry at least two lighted lamps, one on each side, 
 showing white lights visible at least two hundred feet in the direc- 
 tion towards which such motor vehicle is proceeding, or is headed 
 if not in motion, and upon each of such lights shall be displayed 
 in such manner as to be plainly visible when such lamps are 
 lighted the license number of said notor vehicle, such figures to 
 be of Arabic numerals, not less than one inch in height, and there 
 shall also be attached to the rear end of said motor vehicle a 
 lighted lamp which shall have in addition to a red lens at least one 
 white lens so arranged as to cast a white light upon the license 
 number of the motor vehicle and make the same plainly 
 visible. Provided, that motor cycles shall be required to dis- 
 play only one white light in the direction in which they are 
 proceeding. No. 14, 1914, s. 11. 
 
 12. Every motor vehicle shall be equipped with adequate 
 brakes sufficient to control such motor vehicle at all times, and 
 also with suitable bell, gong, horn or other device and which 
 shall be capable of being heard at a distance of not less than two 
 hundred yards and which shall be sounded whenever it shall be 
 reasonably necessary to notify pedestrians or others of the 
 approach of any such vehicle and especially when approaching 
 all curves or crossings. No. 14, 1914, s. 12. 
 
 Operator of 13, No person shall operate a motor vehicle upon a public 
 mustTOmpiy highway unless such person shall have complied in all respects 
 with law. with the requirements of this Ordinance. No. 14, 1914, s. 13. 
 
 Fees to be 
 paid to i 
 Treasurer. 
 
 14. All fees paid to the Territorial Secretary as provided in 
 this Ordinance shall be paid by him to the Territorial Treasurer 
 and form part of the general revenue fund of the Territory. 
 No. 14, 1914, s. 14. 
 
 Speed 
 linait on 
 highway. 
 
 15. No person shall operate a motor vehicle upon a public 
 highway at a rate of speed greater than is reasonable and proper, 
 having regard to the traffic and use of the highway, or so as to 
 endanger or be likely to endanger the life or limb of any person 
 or the safety of any property. No. 14, 1914, s. 15. 
 
 Speed 
 
 limit in city 
 or town. 
 
 Prima fade 
 evidence as 
 to rate of 
 
 16. No person shall operate a motor vehicle upon any public 
 highway or street within any city, town or village at a greater 
 speed than one mile in four minutes, nor a greater speed than 
 one mile in six minutes in turning a corner of an intersecting 
 public highway or street in any city, town or village. 
 
 2. If the rate of speed of any motor vehicle shall in any case 
 exceed the limit herein defined, it shall be prima facie evidence 
 that the person operating such motor vehicle is running the 
 same at a rate of speed greater than is reasonable and proper 
 
Regulating Speed of Motor Vehicles. Chap. 6G. 679 
 
 having regard to the traffic and use of the street or highway, or 
 so as to endanger the life or limb of any person or the safety of 
 any property. No. 14, 1914, g-. 16. 
 
 IT. No male person under sixteen years of age, and no female ^^""^g „j 
 person under eighteen years of age shall drive or operate a motor female no 
 vehicle upon any public street, highway, road, park, parkway under 18 to 
 or driveway; '^"^^ '^°^'- 
 
 2. No intoxicated person shall drive or operate a motor intoxicated 
 vehicle in any place. No. 14, 1914, s. 17. to drivr' 
 
 motor. 
 
 18. No person shall drive a motor vehicle upon any public No motor to 
 highway in a race or on a bet or wager. No. 14, 1914, s. 18. race or on ^" 
 
 wager. 
 
 19. Outside the limits of cities, towns and villages any person At 
 operating a motor vehicle, upon approaching a portion of any pia'JIa'on^ 
 highway where it is impossible or dangerous for such motor highway 
 vehicle and a horse, or horses, being driven in an opposite "lotor^ to 
 direction, to pass each other, shall, before entering upon or along stattonary 
 such portion of the highway, stop said motor vehicle, and if to allow 
 said horse or horses being driven as aforesaid, is or are on such p°gg,®^ *° 
 portion, or is or are about to enter thereon, to cause the said 
 motor vehicle to remain stationary and to allow the said horse 
 
 or horses to pass first along said road and past the said motor 
 vehicle, before such motor vehicle proceeds. No. 14, 1914, s. 19. 
 
 20. Outside the limits of cities, towns and villages, upon Motor to 
 approaching a person walking in the roadway of a public highway f'hrai'^°^" 
 or a horse or horses, or other draught animal being ridden or approaching 
 led or driven thereon, a person operating a motor vehicle shall person or 
 not less than two hundred yards from such parson, horse or hfghway" 
 animal slow down to a speed not exceeding one mile in six 
 minutes, and take reasonable precaution to insure the safety 
 
 of such person, horse or animal and, in the case of horses or other 
 draught animals, to prevent frightening same. No. 14, 1914, 
 s. 20. 
 
 21. A person operating a motor vehicle shall, at the request Upon 
 
 of or on signal by putting up the hand from a person appre- request or 
 hensive of danger, riding, leading or driving a horse or horses danger^ 
 or other animal in the same direction, guide such motor vehicle apprehended 
 to the left of the travelled portion of the highway and bring ^o^ed^nd 
 such motor vehicle immediately to a stop and cause the motor assistance to 
 of such vehicle to cease running so long as shall be necessary ^^ s>ven. 
 to prevent accident and insure the safety of others, and shall 
 afterwards use reasonable caution in passing such horse or horses 
 or other animal, and if travelling in the opposite direction, 
 shall remain stationary so long as may be reasonable to allow 
 such horse or animal to pass, and it shall be the duty of any male 
 driver of any motor vehicle and other male occupants thereof, 
 over the age of fifteen years, while approaching or passing any 
 horse or horses or other draught animal which appear badly 
 frightened, or upon the request of the person in charge of and 
 
680 
 
 Chap. 66. Regulating Speed of Motor Vehicles. 
 
 Not to blow 
 horn or 
 make noise 
 when motor 
 stopped. 
 
 Highways 
 Ordinance 
 to apply. 
 
 Vehicles 
 overtaken 
 by others 
 wishing to 
 pass to 
 turn to 
 right. 
 
 Assistance 
 to be given. 
 
 In case of 
 accident 
 name and 
 address to 
 be furnished. 
 
 Certificate 
 may be 
 cancelled for 
 misconduct. 
 
 Onus of 
 proof in 
 case of 
 damage. 
 
 driving such horse or other animal, to give such personal assis- 
 tance as shall be reasonable to insure the safety of all persons 
 concerned and to prevent accidents. 
 
 2. During the time any motor vehicle is stopped or slowed up, 
 pursuant to the provisions of this section, the person operating 
 such motor vehicle, and the occupants thereof, shall refrain 
 from making any noise by means of any gong, bell, horn, whistle 
 or otherwise. No. 14, 1914, s. 21. 
 
 22. The Highways Ordinance shall mutatis mutandis apply 
 to motoi^ vehicles. No. 14, 1914, s. 22. 
 
 23. If a vehicle drawn by a horse or horses or other draught 
 animal or a inotor vehicle be overtaken by any motor vehicle,, 
 and the person in charge of such motor vehicle expresses a 
 desire to pass, it shall be the duty of the driver of any such 
 vehicle so overtaken as aforesaid as soon as practicable to turn 
 to the right of the centre of the travelled portion of the highway 
 and give the person so making the request an opportunity to pass,, 
 but should such point of passing be at a place on the road 
 where the same is built along a bluff, embankment or hillside 
 with a wall or steep ascent on the inside of said road and a drop 
 or steep declivity on the outside of said road and the vehicle 
 which it is desired to pass is one drawn by one or more horses, 
 such latter vehicle shall turn to the inside of said road, toward 
 such embankment or hillside, and the motor vehicle shall pass 
 such vehicle on the outside of said road, and in passing the 
 person in charge of such motor vehicle and the other male 
 occupants thereof over the age of fifteen years shall give such 
 assistance as they are able to the occupant or occupants of the 
 vehicle, if assistance be asked, and in thus passing the driver 
 of the motor vehicle shall use all care to avoid accidents. No. 14, 
 1914, s. 23. 
 
 24. If an accident occurs to any person, whether on foot 
 or horseback or in a vehicle, or to any horse or vehicle in charge 
 of any person, owing to the presence of any motor vehicle 
 on any public highway, the person in charge of such motor 
 vehicle shall return to the scene of the accident and give to any 
 person sustaining loss or injury his name and address, and also 
 the name and address of the owner of such motor vehicle, and the 
 registration number of said motor vehicle. No. 14, 1914, s. 24. 
 
 25. The Territorial Secretary may at any time suspend 
 or revoke any registration certificate on account of any mis- 
 conduct or infraction of the provisions of this Ordinance by 
 any owner or driver of a motor vehicle to whom such certificate 
 has been issued, but no such suspension or revocation shall be 
 made until the person guilty of such misconduct or infraction has 
 been convicted for the same under the provisions of this Ordi- 
 nance. No. 14, 1914, s. 25. 
 
 26. When any loss or damage is incurred or sustained by any 
 person by a motor vehicle, the onus of proof that such loss or 
 damage did not arise through the negligence or improper conduct 
 
Regulating Speed of Motor Vehicles. Chap. OO. 681 
 
 of the owner or driver of the motor vehicle shall be upon the 
 owner or driver of the motor vehicle. No. 14, 1914, s. 26. 
 
 27. Nothing in this Ordinance shall be construed to curtail Right o£ 
 
 or abridge the right of any person to prosecute an action for da'mages'^not 
 damages by reason of injury to person or property resulting curtailed. 
 from the negligence of the owner or operator, or his agent, em- 
 ployee or servant, of any motor vehicle or resulting from the 
 negligent use of the highway by them or any of them. No. 14, 
 1914, s. 27. 
 
 28. The owner of a motor vehicle for which a certificate of ^%"®'^i°'hi 
 registration has been issued under the provisions of this Ordi- S" violation 
 nance shall be liable for violation of any of the provisions thereof of Ordinance. 
 in connection with the operation of such motor vehicle. No. 14, 
 
 1914, s. 28. 
 
 29. Except as hereinafter provided, any person violating Penalties. 
 any of the provisions of this Ordinance shall on summary con- 
 viction before a justice of the peace or police magistrate be 
 
 liable — • 
 
 1. For a first offence, to a penalty of not more than $20 
 and costs; 
 
 2. For a second offence, to a penalty of not less than $20 
 nor more than $50 and costs; and 
 
 3. For a third or subsequent offence, to a penalty of not less 
 than $50 nor more than $100 and costs, and to imprison- 
 ment for a term of not less than one week nor more than one 
 month. No. 14, 1914, s. 29. 
 
 30. Any person violating any of the provisions of section 24 Penalty 
 of this Ordinance shall, upon summary conviction before a section 24 
 police magistrate or two justices of the peace, be liable, for 
 
 the first offence, to a fine of $50 and costs; for the second 
 offence, to a fiiie of $100 and costs or to one month's imprison- 
 ment or to both; and for the third offence or any subsequent of- 
 fence, to imprisonment not exceeding six months. No. 14, 1914 
 s. 30. 
 
 31. In any prosecution of any person for violation of the pro- In 
 visions of subsection 2 of section 17 of this Ordinance it shall un^e^™''°" 
 not be necessary, in proving that any person was intoxicated or subsectioni 
 under the influence of intoxicating liquors, to show the nature of ^ of section 
 the liquor or that any liquor was actually consumed by such neoessary'to 
 person; but the justice, magistrate or other officer trying the prove that 
 case shall draw conclusions of fact from all the circumstances c^n"umedf 
 of the case as shown by the evidence adduced before him. No. 
 
 14, 1914, s 31. 
 
 32. Every police magistrate or justice of the peace who shall Magistrate 
 make a conviction under the preceding section shall certify the *on^ica^n 
 same to the Territorial Secretary, setting out the name of the Territorial ° 
 person, the motor vehicle with or with respect to which the Secretary. 
 
682 
 
 Chap. 66. Regulating Speed of Motor Vehicles. 
 
 Cancel lation 
 of cerlificaU' 
 for third 
 
 off Cl!Cf-' . 
 
 Filler to l.H- 
 paid to 
 Territorial 
 Treasurer. 
 
 offence was committed, the nature of the offence, and the time 
 when it was committed, and, if three such convictions are made 
 against the same person within a calendar year, the certificate of 
 registration of the motor vehicle owned or driven by such person 
 at the time when the offence for which such third conviction 
 was made was committed may be cancelled. No. 14, 1914, s. 32. 
 
 33. All fines and penalties imposed by this Ordinance shall 
 enure to the benefit of His Majesty in the right of the Territory, 
 and shall from time to time be transmitted by the convicting 
 magistrate or justice of the peace to the Territorial Treasurer 
 and shall form part of the general revenue fund of the Territory. 
 No. 14, 1914, s 33. 
 
 resident not ^^' ^^ person not actually residing in the Territory shall 
 
 to operate ^ Operate, or permit to be operated, any motor vehicle not regis- 
 
 ™°*°^ i°pEer tered under this Ordinance upon any of the highways in the 
 
 ays. 'pgpj.j^Qj.y Jqj, g^jjy gj-ga^er period than ninety days to be computed 
 
 from the time such motor vehicle is brought into the Territory. 
 
 No. 14, 1914, s. 34. ' 
 
 Magistrate 
 of opinion 
 accident 
 without 
 negligence 
 may 
 "dismiss. 
 
 35. Upon any person being charged with an offence under 
 any of the provisions of this Ordinance, if the justice of the peace 
 or magistrate trying the case be of opinion that the offence was 
 committed wholly by accident or misadventure and without neg- 
 ligence, and could not by the exercise of reasonable care or pre- 
 caution have been avoided, such justice of the peace or magis- 
 trate may dismiss the complaint. No. 14, 1914, s. 35. 
 
 Operator to 
 stop on 
 signal from 
 police. 
 
 36. All operators of motor vehicles upon the request or 
 signal of any constable or police officer shall stop and give all 
 information respecting such motor vehicles as may be desired by 
 the said constable or police officer, as the case may be. No. 14, 
 1914, s. 36. 
 
 Motor to 37. No motor vehicle shall be operated or driven under 
 
 registration ^^^^ Other number than that of its own registration. No. 14, 
 
 number. 1914, S. 37. 
 
 If number 
 plate lost, 
 new plate 
 furnished on 
 payment 
 of fee. 
 
 38. In case of the loss of number plates, a new pair of 
 number plates of another number than that borne by the lost 
 number plates may be obtained from the Territorial Secretary 
 upon satisfactory proof being adduced as to the loss of the said 
 number plates and the payment of a fee of one dollar. No. 14, 
 1914, s. 38. 
 
 When 
 license 
 cancelled 
 number 
 plates to be 
 returned to 
 Territorial 
 Sorretary. 
 
 39. In the event of any license issued under the provisions 
 of this Ordinance being suspended or cancelled by the Territorial 
 Secretary, as hereinbefore provided, the number plates assigned 
 to the motor vehicle owned or being operated under such number 
 shall be returned to the said Territorial Secretary, and may 
 be re-issued by him to another applicant for registration. No. 14, 
 1914, s. 39. 
 
Regulating Speed of Motor Vehicles. Chap. 66. 683 
 
 _40. If any person shall knowingly make or give false or Certmcate 
 misleading information in any application for registration under gi-Jing faUe 
 the provisions of this Ordinance, and as a result such registration information 
 has been made and a certificate issued, the certificate of registra- "anceUed. 
 tion issued to any such person may be immediately cancelled 
 by the Territorial Secretary. No. 14, 1914, s. 40. 
 
 41. No person shall tamper with a motor vehicle without the Motor not 
 authority of the person in charge or climb upon or in any motor interfered 
 vehicle, whether the same is in motion or at rest or hurl stones or with without 
 any other missiles at the same, or the occupants thereof; or, p"J^o°n i'^ °' 
 while such motor is at rest and unattended, sound the horn or charge. 
 other signalling device, or attempt to manipulate any of the 
 
 levers, starting crank, brakes or machinery thereof, or set such 
 vehicle in motion or otherwise damage or interfere with the 
 same. No. 14, 1914, s. 41. 
 
 42. This Ordinance shall not apply to or affect any action Ordinance^ 
 or proceeding pending, or any right of action existing at the to existimg^ 
 coming into force of this Ordinance. No. 14, 1914, s. 42. "ght of 
 
 action. 
 
684 
 
 Chap. 67. 
 
 Newspapers. 
 
 CHAP. 67. 
 
 An Ordinance respecting Newspapers. 
 
 Interpretation 1, In this Ordinance "newspaper" means: Any paper 
 ■ Newspaper, containing public news intelligence or occurrences, or any 
 remarks or observation thereon, 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 oftener, or at intervals 
 not exceeding twenty-six days and containing only, or prin- 
 cipally advertisements. C.O.Y.T. c. 56, s. 1. 
 
 PARTICULARS TO BE FILED PENALTY. 
 
 Information 2. It shall be the duty of the proprietor, or proprietors, 
 ^th derk °^ ^^^ editor or editors and of the business manager and of 
 of the Court, each of them, of every newspaper published in the Yukon 
 Territory, to file with the clerk of the Territorial Court of the 
 Yukon Territory within one month from the date of the coming 
 into force of this Ordinance, a declaration under oath or affirma- 
 tion (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 five hundred dollars and not less than fifty 
 dollars for each day during which such neglect continues. 
 C.O.Y.T. c. 56, s. 2. 
 
 Penalty for 
 neglect. 
 
 "Proprietor." 3. In the next preceding section of this Ordinance, the 
 word "proprietor" includes any and all persons financially 
 interested, directly or indirectly, in any such newspaper. CO. 
 Y.T. c. 56, s. 3. 
 
 Information 4. In the case of newspapers to be hereafter established 
 
 before^'^'^ in the Yukon Territory, the declaration mentioned in the 
 
 publication of second scction of this Ordinance shall be filed with the clerk 
 
 newspaper. gf ^he Territorial Court before such newspaper is published 
 
 and on failure to comply with the provisions of this section 
 
 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 newspaper shall be deemed to constitute a fresh 
 
 offence against the provisions of this Ordinance. C.O.Y.T. c. 
 
 56, s. 4. 
 
Newspapers. Chap. 6T. 685 
 
 5. Upon every change in the proprietorship, editorship or On every 
 Management of any newspaper, the declaration mentioned in the pro^ttor- 
 second section of this Ordinance shall be filed under a like ship deciara- 
 penalty in case of default, as in the said second section provided, tipotobe 
 C.O.Y.T. c. 56, s. 5. ^^'^- 
 
 FEES. 
 
 6. The clerk of the Territorial Court shall be entitled to Fee. 
 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 a copy of such declaration forthwith after 
 the filing thereof. C.O.Y.T. c. 56, s. 6. 
 
686 
 
 Chap. 68. 
 
 Nota7-ies Public. 
 
 CHAP. 68. 
 
 Barristers to 
 be Notaries 
 Public. 
 
 Other 
 persons to 
 pass 
 
 examination 
 and pay 
 annual fee 
 of $50. 
 
 Appoint- 
 ments. 
 
 Powers. 
 
 An Ordinance respecting Notaries Public. 
 
 1. All Barristers entitled to practise in the Yukon Territory 
 shall be ex officio Notaries Public, and no .other person shall act 
 as such unless he receives from the Commissioner a commission to 
 that effect, after such an examination as the Commissioner deems 
 to be sufficient and is enrolled in a register kept for that purpose 
 by the Territorial Secretary, and pays an annual fee of fifty 
 dollars, such sum to form part of the general revenue fund. 
 C.O.Y.T. c. 23, s. 1. 
 
 3. The Commissioner may appoint by commission under 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. C.O.Y.T. c. 23, s. 2. 
 
 3. Every such notary shall have, use and exercise the power 
 of drawing, passing, keeping and issuing all deeds and contracts, 
 charter parties and other mercantile transactions in the said 
 Territory, and also of attesting all commercial instruments that 
 are brought before him for public protestation and otherwise of 
 acting as usual in the oflace 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. C.O.Y.T. c. 23, s. 3. 
 
Partnerships. Chap. 69. 687 
 
 CHAP. 69. 
 
 An Ordinance respecting Partnerships. 
 
 REGISTRATION OF COPARTNERSHIPS. 
 
 1. All persons associated in partnership for trading, manu- Declaration 
 facturing or mining purposes in the Territory shall cause to be °^ 'i ■ ?^. -' 
 filed in the office of the registration clerk of the registration to be^filedTn 
 district for registration of chattel mortgages and other transfers certain cases. 
 of personal property in the Territory in which they carry on or 
 
 intend to carry on business a declaration in writing signed by the 
 several members of such partnership: 
 
 Provided, however, that if any of ths said members be absent where 
 from the place where they carry on or intend to carry on business parties 
 at the time of making such declaration then such declaration ^ 
 shall be signed by the members present, in their own names and 
 also for their absent co-members under their special authority to 
 that effect; such special authority to be at the same time filed 
 with the said registration clerk and annexed to such declaration 
 C.O.Y.T. c. 41, s. 1. 
 
 2. Such declaration shall be in the form A in the schedule to Contents of 
 this Ordinance and shall contain the names, surnames, additions declaration, 
 and residences of each and every partner or associate as afore- 
 said and the name, style or firm under which they carry on 
 
 or intend to carry on such business and stating also the time 
 during which the partnership has existed and is to exist also 
 declaring that the persons therein named are the only members 
 of such copartnership or association. C.O.Y.T. c. 41, s. 2. 
 
 3. Such declaration shall be filed within two months next Time for 
 after formation of any such partnership and a similar declaration |l'°s 
 shall in like manner be filed when and so often as any change or „, ?°' > 
 alteration of partnership takes place in the membership of such firm°^^^ "* 
 partnership or in the name, style or firm under which they 
 
 intend to carry on business or in the place of residence of any 
 member of said firm and every new declaration shall state the 
 alteration in the partnership. C.O.Y.T. c. 41, s. 3. 
 
 PERSONS USING TRADE NAME, REGISTRATION. 
 
 4. Every person engaged in business for trading, manu- individual 
 facturing or mining purposes and who is not associated in ".sing trade 
 partnership with any other person or persons but who uses as °*'"®" 
 his business style some name or designation other than his own 
 
 name or who in such business uses his own name with the 
 addition of "and company" or some other word or phrase 
 indicating a plurality of members in the firm shall cause to be 
 filed as aforesaid a declaration of the fact in writing signed by 
 such person. C.O.Y.T. c. 41, s. 4. 
 
688 
 
 Contents of 
 
 individual 
 
 declaration. 
 
 Chap. 69. 
 
 Partnerships. 
 
 5. The declaration last aforesaid shall contain the name, 
 surname, addition and residence of the person making the same 
 and the name, style or firm under which he carries on or intends 
 to carry on business and shall also state that no other person is 
 associated with him in partnership and the same shall be filed 
 within two months of the time when such style is first used. 
 C.O.Y.T. c. 41, s. 5. 
 
 Registration 
 books. 
 
 "Firm index 
 book." 
 
 "Individual 
 index book." 
 
 REGISTRATION BOOKS. 
 
 C It shall be the duty of the registration clerk aforesaid to 
 keep two alphabetical index books of all declarations of co- 
 partnership filed in his oflice in pursuance of the provisions 
 hereof. C.O.Y.T. c. 41, s. 6. 
 
 T. In one of such books, hereinafter called the "firm index 
 book, " the registration clerk shall enter in alphabetical order the 
 style of the respective firms in respect of which declarations have 
 been filed in his office, and shall place opposite each entry the 
 names of the person or persons composing such firm, and the 
 date of the receipt by him of the declaration in the manner 
 shown in form B in the schedule to this Ordinance. C.O.Y.T. 
 c. 41, s. 7. 
 
 S. In the second of such books, hereinafter called the 
 "individual index book," the said registration clerk shall enter 
 in alphabetical order the names of the respective members of 
 each of such firms and shall place opposite such entry the style 
 of the firm of which such person is a member and the date of the 
 receipt of the declaration in the manner shown in form C in 
 the schedule to this Ordinance. C.O.Y.T. c. 41, s. 8. 
 
 PENALTY FOR NON-REGISTEATION. 
 
 TOmplywith ®* Each and every member of any partnership or other 
 Ordinance, person required to register a declaration under the provisions 
 of this Ordinance who fails to comply with the requirements 
 aforesaid shall be liable to a penalty not exceeding $500 on 
 summary conviction before a justice of the peace, and thereafter 
 to a penalty of $20 for each and every day during which default 
 in compliance with the provisions of this Ordinance continues, 
 on summary conviction thereof before a justice of the peace, 
 such penalties to belong to the general revenue fund. C.O.Y.T. 
 c. 41, s. 9. 
 
 mT'T^ofnt'^ ^^' "^^^ Commissioner may from time to time appoint a 
 officer to°'" person, with a salary, to prosecute all persons who fail to 
 prosecute. comply with the requirements of this Ordinance. C.O.Y.T. 
 c. 41, s. 10. 
 
 EFFECT OF DECLARATION. 
 
 Bmding H. The allegations made in the declaration aforesaid cannot 
 
 d&ciu-ation. ^le controverted by any person who has signed the same nor can 
 
 they be controverted as against any party not being a partner by 
 
Partnerships Chap. 69. 689 
 
 a person who has not signed the same but who was really a 
 member of the partnership therein mentioned at the time such 
 declaration was made. C.O.Y.T., c. 41, s. 11. 
 
 12. Until a new declaration is made and filed by him or by Liability of 
 his co-partners or any of them as aforesaid no such signer shall be H^f^g 
 deemed to have ceased to be a partner; but nothing herein declaration, 
 contained shall exempt from liability any person who being a Failure to 
 partner fails to declare the same as already provided and such not exempr 
 person may notwithstanding such omission be sued jointly with from 
 
 the partners mentioned in the declaration or they may be sued liability. 
 alone and if judgment is recovered against them any other 
 partner or partners may be sued jointly or severally in an action 
 on the original cause of aaction upon which such judgment was 
 rendered nor shall anything in this Ordinance be construed to Partners 
 affect the rights of any partners with regard to each other except Rights tnicr 
 that no such declaration as aforesaid shall be controverted 
 by any signer thereof. C.O.Y.T., c. 41, s. 12. 
 
 DECIiABATION OF DISSOLUTION. 
 
 13. Upon the dissolution of any partnership any or all of the Declaration 
 persons who compose such partnership may sign and file a of dissolution, 
 declaration certifying the dissolution of the partnership in the 
 
 form D in the schedule to this Ordinance. C.O.Y.T., c. 41, s. 13. 
 
 EEGISTHATION FEES. 
 
 14. The said registration clerk shall be entitled for filing a Fees. 
 declaration under this Ordinance to a fee of $2 including the 
 certificate on the duplicate thereof and for searches made in 
 each of such books the following fees and np more : 
 
 For searching in the firm index book, each firm $0 50 
 
 For searching in the individual index book, each name .... 50 
 C.O.Y.T., c. 41, s. 14. 
 
 SCHEDULE. 
 FORM A. 
 
 Declaration of Co-partnership. 
 
 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 
 
 name and firm of (or I or we) the undersigned of 
 
 in hereby certify that I (or we) 
 
 70263—44 
 
690 
 
 Chap. 69. 
 
 Partnerships 
 
 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 
 
 19 
 
 FORM B. 
 Firm Index Book. 
 
 Style of Firm. 
 
 Names of Persons Com- 
 posing the Firm and 
 their Residences. 
 
 Date of filing 
 declaration. 
 
 John Smith & Co 
 
 James Abott, & Son 
 
 Bernard & Johnson .... 
 
 John Smith, Dawson 
 
 Edward Ives, Dawson. . . 
 Jas. Abbott, Whitehorse . 
 George Abbott, Calgary. 
 Arthur Bernard, Dawson 
 Alex. Johnson, Bonanza. . 
 
 15 Sept. 1889 
 10 " 1889 
 1 Mar., 1899 
 
 FORM C. 
 Inmdividual Index Book. 
 
 Name of Individual 
 and Residence. 
 
 Style of firm of which 
 a member. 
 
 Date of filing 
 declaration. 
 
 Abbott, Jas., Dawson. . 
 Abbott, Geo. Dawson.. 
 Bernard A., White Ho'e 
 Johnson, Alex., " 
 
 Jas. Abbott & Son . . 
 James Abbott & Son 
 Bernard & Johnson. 
 Bernard & Johnson . 
 
 10 Sept. 1889 
 10 Sept. 1889 
 1 Mar. 1889 
 1 Mar. 1889 
 
Partnerships Chap. 69. 69£ 
 
 FORM D. 
 Declahation of Dissolution of Partnebship. 
 Yukon Territory, 1 
 
 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 
 
 19 
 
 A.B. 
 
 70263—441 
 
692 
 
 Chap. 70. 
 
 Pawnbrokers 
 
 CHAP. 70. 
 An Ordinance respecting Pawnbrokers, 
 
 SHOKT TITLE. 
 
 Short title. 1. This Ordinance may be cited as The Pawn Brokers Ordi- 
 
 nance. 
 
 3. No person shall exercise the trade of a pawnbroker in the 
 Yukon Territory unless he shall have obtained a license therefor 
 under the hand of the Territorial Secretary, nor unless he has 
 obtained a renewal of the same annually. No. 3, 1913, s. 1. 
 
 3. On receipt of such license and also on receipt of each re- 
 newal thereof each pawnbroker shall pay to the Territorial 
 Treasurer the sum of fiftj' dollars. No. 3, 1913, s. 2. 
 
 4. Every person exercising such trade without having ob- 
 tained a license, or renewal thereof, as aforesaid, shall forfeit 
 twenty-five dollars for every pledge he takes to be recovered 
 with costs before any police or stipendiary magistrate. No. 3, 
 1913, s. 3. 
 
 5. Every pawnbroker shall exhibit in some conspicuous part 
 of his shop, or place of business, during the whole of each day, a 
 printed or clearly and legibly written table showing in detail the 
 rates of charges authorized by law to be taken by such pawnbroker, 
 and for each default to comply with the provisions of this section 
 shall be liable to a penalty of eight dollars. No. 3, 1913, s. 4. 
 
 Information 6. He shall also keep a book, in which shall be entered at the 
 ^b'^k'^^d'^*^ time of each loan a description of the goods pawned and when 
 duplicate the sum lent thereon, the name and residence of the pawner, and 
 at the same time shall deliver to the pawner a duplicate of the 
 entry, which shall be produced to the pawnbroker before he shall 
 be obliged to restore the pawn except as hereinafter provided. 
 The book so kept shall at all reasonable times within business 
 hours be open to the inspection of any justice, and shall be pro- 
 duced by such pawnbroker, if required, under the penalty of ten 
 dollars for each offence. No. 3, 1913, s. 5. 
 
 License to 
 pawnbroker. 
 
 Fee on 
 license and 
 renewal. 
 
 Penalty for 
 acting 
 without 
 license. 
 
 Table of rates 
 to be 
 exhibited 
 in shop. 
 
 given to 
 pawner. 
 
 Inspection 
 of book by 
 Justice. 
 
 Sale of 
 
 ■unredeemed 
 
 .goods. 
 
 7. Pawned goods not redeemed within one year may be sold 
 at public auction after ten days notice of the time and place of 
 sale, with a description of them published in a newspaper or 
 posted up in the pawn office and two other public places in the 
 town where the sale is to take place; if any surplus remain after 
 deducting the loan, interest, expense of advertising and selling, 
 it shall be paid to the person entitled thereto, and for every 
 
Pawnbrokers Chap. TO. 693 
 
 offence against this section the pawnbroker shall be liable to a 
 penalty of twenty-five dollars. No. 3, 1913, s. 6. 
 
 8. Every pawnbroker shall enter in a book an account of the Account of 
 sale of such goods, the time and place thereof, when pledged, kept in book, 
 the name of the pawner, the name of the auctioneer, the pro- 
 ceeds of sale and the expenses, which book may be inspected by 
 
 the pawner or his personal representatives at any time; the 
 pawnbroker shall also pay over the net proceeds of sale to the 
 pawner when demanded. For a breach by the pawnbroker of 
 any of the duties imposed upon him by this section he shall be 
 liable to a penalty of twenty-five dollars. No. 3, 1913, s. 7. 
 
 9. Goods pawned may be redeemed at any time within one within what 
 year from the pawning thereof. If the pawnbroker refuse to r^y be° ^ 
 return the pledge after tender of principal and interest due redeemed. 
 thereon, he shall, upon conviction thereof before a Justice, be 
 committed until he re-deliver the pledge or make satisfaction 
 
 for the value. No. 3, 1913, s. 8. 
 
 10. The person producing the duplicate entry shall be deemed Voider of 
 the owner, and the pawnbroker shall be indemnified if he deliver enSy'to^be 
 the goods to the holder of such duplicate, unless the same be lost, deemed 
 mislaid or fraudulently obtained. No. 6, 1913, s. 9. "'''"''''■ 
 
 11. If the duplicate entry be lost, mislaid, or obtained as Ju^ii°ate 
 aforesaid, and on oath before a Justice or a Commissioner for entry. 
 taking affidavits he shall so certify, the pawner shall then be 
 entitled to redeem the goods upon leaving with the pawnbroker 
 copies of the duplicate entry and the oath. No. 3, 1913, s. 10. 
 
 12. No pawnbroker shall take goods in pledge from any per- be°plwned'" 
 son under the age of eighteen years, knowing him to be so, or an by minor or 
 intoxicated person, at any time; everypawnbroker whilst carrying mto^'cated 
 on his business in any shop, or store or other place shall place 
 
 over the outside door thereof a sign, upon which shall be painted gig„ 
 or printed in large and legible characters his name, and underneath 
 the words " Loan Office." For every week such sign is not there he 
 shall forfeit ten dollars. No. 3, 1913, s. 11. 
 
 13. Every person who takes or receives by way of pawn, deemed '^^. 
 pledge or exchange any goods for the repayment of money lent pawnbroke^-. 
 thereon, shall be deemed a "pawnbroker" within the meaning 
 
 of this Chapter. No. 3, 1913, s. 12. 
 
€94 
 
 Police Magistrates Courts. 
 
 Chap. 71. 
 
 CHAP. 71- 
 
 An Ordinance respecting the Procedure and Practice 
 ill connection with the Exercice of the Civil Juris- 
 diction of Police Magistrates. 
 
 SHORT TITLE. 
 
 Short Title. 1. This Ordinance may be cited as 
 Courts Ordinance. 
 
 The Police Magistrate 
 
 Civil 
 
 jurisdiction 
 
 <if Police 
 
 Magistrates. 
 
 Proceedings, 
 
 tow 
 
 intituled . 
 
 ■Jurisdiction, 
 bow 
 eiercised. 
 
 Practice, 
 how 
 regulated. 
 
 Proceedings 
 .as in 
 
 Territorial 
 ■C!ourt. 
 
 -Judgments 
 .and orders 
 to have 
 same force 
 as if in 
 Territorial 
 ■Court. 
 
 Clerk of 
 Court. 
 
 2. The civil jurisdiction of Police Magistrates in the Yukon 
 Territory shall be exercised as to practice and procedure in the 
 following manner: 
 
 (a) All proceedings in the said Court shall be intituled "In 
 the Police Magistrates Court for the District of (name of 
 District)". 
 
 (6) The jurisdiction of such Police Magistrates shall be 
 exercised as to procedure and practice in the same manner as 
 such jurisdiction is exercised by a Judge of the Territorial 
 Court of the Yukon Territory in civil cases to which the juris- 
 diction of the Police Magistrate extends. 
 
 (c) The practice and procedure in civil cases in said PoHce 
 Magistrate's Court shall, except as to appeals and the title 
 of the said Court, be regulated by, and proceeded with, in the 
 same manner as provided for the practice and procedure in the 
 Territorial Court of the Yukon Territory in all matters to 
 which the civil jurisdiction of such Police Magistrate extends, 
 by the Ordinance respecting the administration of Civil Justice 
 and the Rules of Court and forms in the Schedule thereto shall, 
 with such variations as may be necessary, be the forms for use 
 in such Court. 
 
 (d) Every such case shall be commenced and proceeded with 
 before judgment and subsequently thereto in the same manner 
 and as if the same was a cause commenced in the Territorial 
 Court save that the same shall be tried and judgment given 
 and decisions and determinations and rules, orders and decrees 
 made in such case by the proper Police Magistrate. 
 
 (e) Every judgment, order, decree, decision, determination 
 and pronouncement of a Police Magistrate shall have the same 
 force and effect and may be proceeded under in the same manner 
 as if the same were a judgment, order, decree, decision, deter- 
 mination or pronouncement of the Territorial Court or a Judge 
 thereof. No. 4 of 1914, s. 1. 
 
 3. The clerks, deputy clerks and acting clerks of the Terri- 
 torial Court of the Yukon Territory shall in each District in 
 which any Police Magistrate has jurisdiction, be and perform 
 the duties of Clerk of the Police Magistrate's Court within such 
 
Police Magistrates Courts. Chap. 71. 695 
 
 District and such clerk shall be entitled to keep and retain 
 for his services as such clerk seventy-five per cent of all fees 
 paid into his office under the provisions of this Ordinance. 
 No. 4 of 1914, s. 2. 
 
 4. There shall be paid to the clerk of such Court in each ^f«^> 
 District and to the Sheriff or Deputy Sheriff respectively for sheriff" 
 their services in all actions or suits brought in such Courts 
 where the action is one which if instituted in the Territorial 
 Court should be brought under the provisions of Part III 
 
 of The Judicature Ordinance, the fees prescribed by the 
 tariff of Clerks and Sheriff's fees in the Small Debt Tariff in the 
 Schedule to such Ordinance, and in all other actions and suits 
 the fees prescribed in Scale "A" of the tariff of Clerks' fees 
 and in Scale "B" of the tariff of Sheriff's fees as approved by 
 the Judges of the Territorial Court of the Yukon Territory 
 on the 24th day of December, A.D. 1903. No. 4 of 1914, s. 3 
 
 5. Duly qualified and enrolled solicitors holding certificates Tariff of 
 as such and resident in the Territory shall in causes and matters f^es."'**"^^ 
 other than such causes and matters which if brought in the 
 Territorial Court of the Yukon Territory would be brought under 
 
 the provisions of said Part III. of The Judicature Ordinance, in 
 which they are employed in such Courts and upon appeals there- 
 from be entitled to charge and be allowed the fees prescribed in 
 Scale "A" of the Tariff of Solicitor's Fees in the Territorial 
 Court of the Yukon Territory approved by the*Judges of 
 said Court on the 24th day of December, 1903. No. 4 of 
 1914, s. 4. 
 
 6. All necessary books and forms required for use in the Booka and 
 office of the Clerk of each Court and all forms required for use p°™f(i^ '"' 
 therein may be provided by and shall be the property of the 
 Yukon Government and such entries shall be made therein by 
 
 the said Clerk as shall be prescribed from time to time by the 
 Commissioner. No. 4 of 1914, s. 5. 
 
 T. The Clerk of each Court shall further keep a separate book Clerk to 
 in which he shall enter from day to day all fees and emoluments book!** 
 received by him under and by virtue of this OrdinaiJce, showing 
 therein separately the fees received by him for each service 
 performed hereunder, and such further facts and information as 
 the Commissioner from time to time requires. No. 4 of 1914, 
 s. 6. 
 
 8. The Clerk shall on or before the 15th day of March in Clerk to 
 «ach year make up a statement in duplicate from such book and S fees'to*"'^" 
 return the same to the Territorial Treasurer, verified under Treasurer, 
 oath; such statement shall set forth the total amount of fees 
 which have been received by such Clerk during the twelve 
 months ended on the last day of February next preceding and 
 wdth such statement the Clerk shall transmit to the Territorial 
 Treasurer such proportion of the fees and moneys received by 
 
696 
 
 Chap. 71. 
 
 Police Magistrates Courts 
 
 Commis- 
 sioner may 
 appoint 
 cleric ill 
 certain 
 cases . 
 
 Seal to be 
 provided . 
 
 Appeal . 
 
 him during the next preceding year as he is not entitled to retain 
 to his own use, and such fees and moneys shall form part of the 
 general revenue fund of the Territory. No. 4, of 1914, s. 7. 
 
 9. Should there be no Deputy Clerk of the Territorial Court 
 appointed and acting in any District for which a Police Mag- 
 istrate has been appointed the Commissioner shaU appoint some 
 person as Clerk of the Police Magistrate's Court therein. No. 
 4 of 1914, s. 8. 
 
 10. Each Police Magistrate's Court shall be provided with a 
 seal to be in the form prescribed by the Commissioner and such 
 seal shall be affixed to all processes, subpoenas, writs, orders, 
 judgments and all other proceedings issued by the Clerk of 
 such Court. No. 4 of 1914, s. 9. 
 
 11. An appeal shall Ue from any judgment or order of the 
 Police Magistrate to a Judge of the Territorial Court and shall 
 be brought by a notice of appeal in a summary way, and no 
 petition, case or other formal proceeding other than such notice 
 of appeal shall be necessary. No. 4 of 1914, s. 10. 
 
 No appeal 
 unless sum 
 exceeds $200 
 without 
 leave. 
 
 12. No such appeal shall lie from any judgment or order of a 
 Police Magistrate without the special leave of such Judge unless 
 the matter in controversy on the appeal exceeds the sum of two 
 hundred dollars exclusive of costs. No. 4 of 1914, s. 11. 
 
 Security for 
 costs of 
 appeal. 
 
 13. No security for costs shall be required in applications for 
 new trials or appeals or motions in the nature of appeals unless by 
 reason of special circumstances such security is ordered by a 
 Judge or Police Magistrate upon application to be made within 
 fifteen days from the service of the notice of motion, application 
 or appeal. No. 4, of 1914, s. 12. 
 
 Motions for 
 new trials, 
 etc., to be 
 by notice. 
 
 14. Motions for new trials, appeals and motions in the nature 
 of appeals shall be brought by notice of appeal and any party 
 appealling may by the same notice of appeal and in the altern- 
 ative ask for a new trial. In motions for new trials, appeals or 
 motions in, the nature of appeals the applicant 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 latter case shall specify such 
 part, and such notice of appeal shall state the grounds on which 
 such application is based. No. 4 of 1914, s. 13. 
 
 Notice to be 
 filed and 
 served. 
 
 15. The notice of appeal shall be filed in the Police Magis- 
 trate's Court in the District from which the appeal is taken 
 and served on all parties directly affected by the appeal, and it 
 shall not be necessary to serve parties not so affected, but the 
 Judge may direct notice of appeal to be served upon all or any 
 of the parties to the action or other proceeding or upon any per- 
 son not a party, and in the meantime may postpone or adjourn 
 
Police Magistrates Courts Chap. 71. 697 
 
 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 by 
 leave of the judge on such terms as the Judge thinks fit. No. 
 4 of 1914, s. 14. 
 
 16. The notice of appeal shall be filed and served within Judge or 
 twenty days from the date upon which the judgment or order Magistrate 
 appealed from is signed, entered or pronounced, but the Judge may extend 
 or Police Magistrate may enlarge and extend the time for giving *'™''- 
 such notice of appeal either before or after the expiration thereof. 
 
 No. 4 of 1914, s. 15. 
 
 17. An appeal shall not operate as a stay of execution or of Appeal not 
 proceedings under the decision appealed from except so far as *° °fl'^^^ 
 the Magistrate appealed from or the Judge orders, and no inter- excepTas 
 mediate act or proceeding shall be invalidated except so far as ^^ ^a 
 the Judge directs. Such security shall be made or given thereon ""^ ^"^^ ' 
 as directed by the Judge or Police Magistrate. No. 4 of 1914, 
 
 s. 16. 
 
 18. When any question of fact is involved in an appeal the Question of 
 evidence taken before the Magistrate bearing on such question evidence may 
 shall, subject to any special order, be brought before the Court as be brought 
 
 follows: before Court. 
 
 (a) As to any evidence taken by affidavit by the production 
 of copies of such affidavit; 
 
 (6) 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 Judge deems expedient. 
 
 (c) The appeal book must be clearly and legibly typewritten 
 or printed and must be approved by the opposite party or settled 
 by the Police Magistrate before filing same. No. 4 of 1914, s. 17. 
 
 lO. The appellant shall serve the respondent or his solicitor Appeal book 
 with a copy of the appeal book, and shall file with the Clerk of *° ^^ 
 the Territorial Court at Dawson two copies of the appeal book 
 within twenty days from the filing of the notice of appeal or 
 within such time as the Judge of Police Magistrate may allow. 
 No. 4 of 1914, s. 18. 
 
 20. Upon the appeal book being filed the appeal shall be heard Judge to fix 
 at such time as may be fixed by the Judge of the Territorial Court, hSring^ 
 provided such time is not less than ten days from the filing of the appeal, 
 appeal book. No. 4 of 1914, s. 19. 
 
 21. There shall be paid to the Clerk of the Territorial Court ^^.^f^",'^? 
 on all appeals from a Police Magistrate's Court the fees pre- Territorial 
 scribed in the tariff of Clerk's fees in the Territorial Court cases Court. 
 
 as approved by the Judges of the Territorial Court on the 24th 
 day of December, 1903. No. 4 of 1914, s. 20. 
 
698 
 
 Chap. 72. 
 
 Pollution of Running Streams 
 
 CHAP. 72. 
 
 An Ordinance to Prevent the Pollution of Running 
 
 Streams. 
 
 Depositing 
 filth in 
 streams . 
 
 Penalty . 
 
 Banks of 
 streams . 
 
 Sewage. 
 
 1. Any person whp deposits or causes or allows to be deposited 
 along the bank of any running stream in the Territory or who 
 casts or throws into its waters any stable manure or any night 
 soil, carcases, or any other filthy or impure matter or substance 
 of any kind shall be guilty of an offence and on summary con- 
 viction 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. CO. 
 Y.T. c. 73, s. 1. 
 
 3. The banks of all running streams within the Territory 
 shall for the purposes of this Ordinance include all lands within 
 fifty feet of ordinary high water mark on either side of such 
 streams. C.O.Y.T. c. 73, s. 2. 
 
 3. This Ordinance shall not refer to the discharge of sewer 
 waters from any pipe or drain leading from any dwelling house, 
 house, hotel or public institution. C.O.Y.T. c. 73, s. 3. 
 
Chap. 73. Preferential Assignments 699 
 
 CHAP. 73. 
 
 An Ordinance respecting Preferential Assignments. 
 
 1. Every gift, conveyance, assignment or transfer, delivery Fraudulent 
 over or payment of goods, chattels or effects or of bonds, bills, p^ferentiai 
 notes, securities or of shares, dividends, premiums or bonus in assignments. 
 a,ny bank, company or corporation made by any person at any 
 time when he is in insolvent circumstances 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 uttterly void. C.O.Y.T. c. 38, s. 1. 
 
 3. Every such gift, conveyance, assignment, transfer, delivery Pressure, 
 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 prefer- 
 ence shall as against the other creditors of such debtor be utterly 
 void. C.O.Y.T. c. 38, s. 2. 
 
 3. Nothing in this Ordinance shall apply to any deed of assign- Assignments 
 ment made and executed by a debtor for the purpose of paying and'hono'^le 
 and satisfying ratably and proportionately and without pre- transactions.- 
 ference or priority all the creditors of such debtor their just 
 debts or any bona fide sale of goods or payment made in the 
 ordinary course of trade or calling, to innocent purchasers or 
 parties. C.O.Y.T. c. 38, s. 3. 
 
700 
 
 Chap. 74. 
 
 Public Administrator. 
 
 CHAP. 74- 
 
 An Ordinance respecting the Office of Public Adminis- 
 trator. 
 
 ADMINISTRATION OF THE ESTATES OF DECEASED 
 PERSONS. 
 
 To iurnish 
 security. 
 
 To report in 
 January and 
 July. 
 
 1. The Public Administrator shall furnish security to the 
 satisfaction of the Commissioner, in the penal sum of $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. C.O.Y.T. c. 21, s. 1. 
 
 2. During the months of January and July in each year, the 
 Public Administrator shall furnish to the Commissioner a 
 statement in detail, verified on oath, of the emoluments of his 
 office for the six months preceding the first of January or the 
 first of July, as the case may be. C.O.Y.T. c. 21, s. 2. 
 
 Public 3. Unless and until letters of administration are granted 
 
 a^ ministra- ^y ^^^ proper court in that behalf to some person entitled thereto 
 to administer or letters probate of the last will of the deceased are granted 
 othe/pSson ^° ^^^ executor or executors therein named, the Public Adminis- 
 appointed. trator 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 administra- 
 tion or letters probate. C.O.Y.T. c. 21, s. 3. 
 
 Death to be 
 notified to 
 Police and 
 Public 
 administra- 
 tor. 
 
 4. Any person or persons in whose charge or care, or upon 
 whose premises any person dies, shall forthwith give notice of such 
 death to the Public Administrator or to the officer or constable 
 commanding at the post of the Royal North-West Mounted 
 Police nearest the place where such death occurred, and shall 
 also forthwith deliver to the Public 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, 
 
Public Administrator. Chap. 74. 701 
 
 relatives and property, both real and personal of the said 
 deceased; and any person neglecting to comply with the provi- 
 sions of this section, shall be liable, upon summary conviction 
 before a justice of the peace, to a fine not exceeding $500, and 
 not less than $50 with costs. C.O.Y.T. c. 21, s. 4. 
 
 5. The officer or constable, to whom such notice and informa- Officer to 
 tion are given, shall, as soon as possible, transmit the same to notionnd 
 the Public Administrator, together with such assets of the estate assets to 
 as have been delivered under the next preceding section hereof, fdmkistia- 
 Whenever immediate transmission of the assets is practicable, tor. 
 
 a complete inventory (with an approximate valuation) of such 
 assets shall be forthwith transmitted. C.O.Y.T. c. 21, s. 5. 
 
 6. Rule 598 of the rules of court contained in The Judicature ^"'^ ?^ ^°H''* 
 Ordinance shall not apply to the Public Administrator who judicature'" 
 shall, without order, exercise the powers and perform the Ordinance not 
 duties therein set forth in such mode as to administer the Pub?k:'^ *° 
 estate which comes to his hands in a speedy and inexpensive administra- 
 manner, having due regard to the interests of all parties entitled *°''- 
 
 to share in such estates. Where the Pubhc 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 in to such Public Administrator their claims 
 against the estate of the testator or intestate (as the case 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 Adminis- 
 trator has not notice at the time of the distribution thereof, 
 or a part thereof (as the case may be) but nothing in this Ordi- 
 nance 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. 
 C.O.Y.T. c. 21, s. 6. No. 6, 1907, s. 1. 
 
 7. Rule 600 of the said rules of court, shall apply to the i^"ie to 
 Public Administrator. C.O.Y.T. c. 21, s. 7. No. 6, 1907, s. 2. admWra- 
 
 tor. 
 INFANTS AND LUNATICS. 
 
 8. When no other appointment has been made the Public Public 
 Administrator shall be guardian of the estate within the Yukon tor"to"be'^^' 
 Territory of all infants whose parents are dead or do not (one or guardian 
 both) reside in the Yukon Territory. C.O.Y.T. c. 21, s. 8. T'^oTnted"'^'' 
 
 O. The Public Administrator shall have power to summon Public 
 before him any person or persons who, in his opinion, have know- admmiatra- 
 ledge of the estate and effects of any deceased person, and may to have 
 
702 Chap. 74. Public Administrator. 
 
 power to examine any such person or persons, upon oath, touching his, 
 w/ta^s. or their knowledge of the estate and affects aforesaid, and any 
 person so summoned who neglects to attend before the Public 
 Administrator at the time and place by him appointed or who 
 refuses 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 conviction before 
 any justice of the peace, to a fine not exceeding $500 and not less 
 than $50. C.O.Y.T., c. 21, s. 9. 
 
 SoaJe of lo. The fees of the Public Administrator on all estates 
 
 ^'^^' coming into his hands for administration on and after the 1st 
 
 day of May, A. D. 1909, shall be in accordance with the schedule 
 
 to this Ordinance. No. 2, 1909, s. 1. 
 
 SCHEDULE. 
 
 1. Minimum charge on each estate, $10. 
 
 2. Upon an estate of an aggregate value of $5,000 or less, 10 
 per cent of the value of the estate. 
 
 3. Upon an estate of an aggregate value of over $5,000, ten 
 per cent up to $5,000.00 and 5 per cent, up to $25,000 and 2}i 
 per cent .of the remainder. 
 
Pvhlic Printing. Chap. 75. 703 
 
 CHAP. 75- 
 An Ordinance respecting Public Printing. 
 
 1. This Ordinance -may be cited as The Public Printing Short title. 
 Ordinance. No. 4, 1904, s. 1. 
 
 3. The Commissioner shall appoint a person to be known King's 
 as the King's Printer to assist in the performance of the duties Printer to 
 required by this Ordinance. He shall perform under the direction by Com- 
 andsupervision of the Commissioner all such duties as from time missioner. 
 to time are assigned to him by law or by order of the Com- 
 missioner, and shall be paid such salary as the Commissioner 
 shall determine. No. 4, 1904, s. 2. 
 
 3. It shall be the duty of the King's Printer to cause to be Duties of 
 printed and published for th? Government of the Yukon Terri- j^-JHej. 
 tory under his superintendence the official gazette of the Terri- 
 tory, to be known as The Yukon Gazette, the Ordinances of the 
 Yukon Territory, the Proceedings of the Yukon Council, and 
 
 all such official and departmental and other reports, books, forms, 
 documents, and other papers as are required to be printed at 
 the expense of the Territory, and shall perform all such other 
 duties as are from time to time assigned to him by the Com- 
 missioner, and whatever is printed under his superintendence 
 by authority of this Ordinance shall be held to be printed by the 
 King's Printer. No. 4, 1904, s. 3. 
 
 4. The printing, binding and other like work to be done Printing to 
 under the superintendence of the King's Printer shall be done ^^ done under 
 and furnished under contract entered into under the authority 
 
 of the Commissioner in such form and for such time as the 
 commissioner appoints and deems advisable. No. 4, 1904, s. 4. 
 
 5. The Ordinances and Proceedings of the Yukon Council Commis- * 
 shall be printed and published in such form and style as the ^'.°"*r to 
 Commissioner directs. No. 4, 1904, s. 5. of^prlnting.^ 
 
 6. The King's Printer shall immediately after the close of Distribution 
 each session of the Yukon Council, or so soon after as is prac- ordinan 
 ticable, deliver or transmit by post or otherwise in the most 
 economical mode the proper number of printed copies of the 
 Ordinances of the Council to such persons as may be designated 
 
 by the Commissioner. No. 4, 1904, s. 6. 
 
 7. The King's Printer shall print and publish or cause to be The Yukon 
 printed and published for the Government under his superinten- ^''^®**® 
 dence the official gazette of the Territory, which shall be known 
 
 as The Yukon Gazette No. 4, 1904, s. 7. 
 
704 
 
 Chap. 75. 
 
 Public Printing. 
 
 Contents of 
 Gazette. 
 
 Form of 
 Gazette, etc. 
 
 Quarterly 
 returns. 
 
 King's 
 Printer to 
 assist in 
 preparation 
 of contracts, 
 etc. 
 
 To audit 
 account*. 
 
 To certify 
 to accounts. 
 
 Penalty for 
 
 fraudulent 
 
 certificate. 
 
 Record of 
 work to be 
 kept. 
 
 Annual 
 estimate to 
 be prepared. 
 
 8. Proclamations, official and other notices, and all such 
 matter whatsoever as the Commissioner requires to be published, 
 shall be published in The Yukon Gazette; and all advertisements, 
 notices or publications which by any ordinance or law in force 
 in the Territory are required to be published by the Territorial 
 Government or any department thereof, or by the Sheriff or 
 other officer, or by any officer or person whomsoever, shall be 
 published in The Yukon Gazette, unless some other mode of 
 publishing the same is directed by law. No. 4, 1904, s. 8. 
 
 9. The Commissioner may from time to time prescribe the 
 form, mode and conditions of the publication of The Yukon 
 Gazette and designate the public bodies, officers and persons 
 to whom it shall be sent without charge, and regulate the publica- 
 tion of notices, advertisements and documents for persons 
 other than the Government; and all sums payable for subscrip- 
 tions and charges shall be paid in advance to the King's Printer. 
 No. 4, 1904, s. 9. 
 
 10. The King's Printer shall make quarterly returns under 
 oath of all moneys received by him for subscriptions to The 
 Yukon Gazette and for advertising therein, and shall pay over all 
 sums so received to the Comptroller of the Territory, and such 
 said sums shall form part of the Local Revenue Fund of the 
 Territory. No. 4, 1904, s. 10. 
 
 11. The King's Printer shall assist the Commissioner in 
 preparing advertisements, specifications and contracts in con- 
 nection with public printing, examine all work done under any 
 contract, and require contractors to carry out fully the terms 
 and provisions of the same. 
 
 2. He shall check and audit all accounts for advertising 
 rendered to the Commissioner or any department or officer 
 thereof. No. 4, 1904, s. 11. 
 
 12. No money for printing, binding or other such work shall 
 be paid out of the Local Revenue Fund without a certificate 
 from the King's Printer that the work has been properly done, 
 and that the person who did the same is lawfully entitled to 
 receive the amount certified to. 
 
 2. If the King's Printer signs any false or fraudulent 
 certificate under this section, he shall, in addition to any other 
 penalty to which he is liable, forfeit and pay a sum equal to the 
 amount so falsely or fraudulently certified. No. 4. 1904, s. 12. 
 
 13. The King's Printer shall keep an accurate record of all 
 transactions of his office, and furnish a report of the same 
 annually to the Commissioner, by whom the same shall be 
 submitted to the council. No. 4, 1904, s. 13. 
 
 14. The King's Printer shall prepare annually an estimate 
 of the sums which will probably be required to provide for all 
 public printing during the financial year, which estimate shall 
 be submitted to the Commissioner for his approval, and shall 
 
Public Printing. Chap. 75. 705 
 
 be laid before the Yukon Council with the other estimates for 
 the year. No. 4, 1904, s. 14. 
 
 15. The Commissioner may make all such rules and regula- Commis- 
 
 tions not inconsistent with this Ordinance as are deemed ad vis- ma^e rules 
 
 able for the direction of the King's Printer. No. 4, 1904, s. 15. for King's 
 
 Printer. 
 
 IG. The expenses to be incurred under the foregoing provision Expenses— 
 of this Ordinance shall be paid out of such moneys as are prj^j^gj 
 appropriated for the purpose by the Commissioner in Council, 
 and accounted for in like manner as other moneys expended for 
 the public service. "No. 4, 1904, s. 16. 
 
 70263—45 
 
706 
 
 Public Service. 
 
 Chap. 76 
 
 CHAP. 76. 
 
 An Ordinance respecting the Public Service of the 
 
 Territory. 
 
 SHORT TITLE. 
 
 Short title. 1, This Ordinance may be cited as 
 Public Service Ordinance. C.O.Y.T. c. 
 
 The Yukon Territorial 
 5, s. 1. 
 
 INTERPRETATION. 
 
 Interpre- 
 tation. 
 
 "Head of 
 Department. 
 
 "Employee.' 
 
 2. In this Ordinance, unless the context otherwise requires, 
 the expression "head of Department" or "head" means the 
 
 „ officer appointed for the time being to take charge of a Depart- 
 ment. C.O.Y.T. c. 5, s. 2. 
 
 3. The expression "employee" or "employees" in this and 
 any other Ordinance shall include all persons in the service of the 
 Government of the Territory. C.O.Y.T. c. 5, s. 3. 
 
 DIVISION OF THE PUBLIC SERVICE. 
 
 Commis- 
 sioner to be 
 Chief 
 Executive 
 Officer. 
 
 Depart- 
 ments. 
 
 4. The Commissioner of the Yukon Territory shall be the 
 Chief Executive Officer of the Territory, and the head of every 
 Department of the public service. C.O.Y.T. c. 5, s. 4. 
 
 5. 'Hie public service of the Territory shall be divided into 
 the following departments: — 
 
 (a.) Department of the Territorial Treasurer; 
 
 (6.) Department of the Territorial Secretary; 
 
 (c.) Department of Public Works and Buildings; 
 
 (d.) Department of Education; 
 
 (e.) License Department; and 
 
 (/.) Health Department. C.O.Y.T. c, 5, s. 5. 
 
 Duties of 
 head. 
 
 Acting head 
 may be 
 appointed in 
 absence of 
 head. 
 
 MANAGEMENT OF DEPARTMENTS. 
 
 6. The head of each Department shall oversee and direct the 
 employees of the Department, and shall have general control 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 other duties as are assigned 
 to him from time to time by the Commissioner. C.O.Y.T. 
 c. 5, s. 6. 
 
 7. 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 Department by 
 the Commissioner, and any such person so acting during such 
 
Public Service. Chap. 76. 707 
 
 absence, shall exercise all the powers vested in the head, as to the 
 control of the other employees of the Department. C.O.Y.T. 
 c. 5, s. 7. 
 
 APPOINTMENTS. 
 
 8. The Commissioner may at any time appoint such officers, Commissioner 
 clerks and servants as are required for the proper conduct of the *° '"•^tm^nt 
 business of the Departments, and all appointments 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 are assigned to them by order of the 
 Commissioner or of the head of the Department, and all such 
 appointments shall be during' pleasure. C.O.Y.T. c. 5, s. 8. 
 
 9. It shall be lawful for the Commissioner to appoint any Commissioner 
 acting officer or servant of any kind, who shall have all the ™^y appoint 
 
 J , T_ • , /. , T. r 1- I 1. • J.- acting omcer. 
 
 power and authority oi the person for whom he is acting; 
 
 2. Such acting head of Department, officer or servant shall To act in 
 act only in the absence from the post of duty or during the illness absence of 
 or oiher physical disability of the person for whom he acts, or whomhTacts. 
 in case of a vacancy in office. C.O.Y.T. c. 5, s. 9. 
 
 SALARIES. 
 
 10. All employees in the public service of the Territory shall Salaries to be 
 receive such salaries respectively, as may be assigned to them by CommL 
 order of the Commissioner and voted by the Commissioner in sioner. 
 Council. C.O.Y.T. c. 5, s. 10. 
 
 DEPAETMENT OF THE TEBRITOEIAL TREASUHER. 
 
 11. The Department of the Territorial Treasurer shall be Territorial 
 presided over by the Territorial Treasurer, who shall be the Treasurer to 
 head of said Department. No. 1, 1911, s. 1. Treasurer's 
 
 Department. 
 
 12. The accounts of the Territory and of the different Accounts 
 Departments of the public service shall be kept in the Depart- ^ bTkepfby 
 ment of the Territorial Treasurer in such manner and under Treasurer, 
 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 considers necessajy. C.O.Y.T. c. 5, s. 12. 
 
 13. The fiscal year of the Territory shall be the period from~Fiscai year, 
 the thirty-first day of March in one year to, and including the 31st 
 
 day of March in the next year. C.O.Y.T. c. 5, s. 13. No. 7, 
 1909, s. 1. 
 
 70263—45^ 
 
708 Chap. 76. Public Service. 
 
 aocourttstobe ^^' ^^ ^°°^ ^^ practicable after the close of each fiscal year 
 made out at there shall be prepared under the direction of the Treasurer for 
 end of year, submission to the Council at its next session a statement of the 
 public accounts for such year showing clearly and fully the 
 several revenues and expenditures of the Territory for the year, 
 the state of the general revenue fund and all trust and special 
 funds under the management of the Territorial Government, 
 and all matters requisite to explain the financial transactions 
 and position of the Territory during and at the close of each 
 year. C.O.Y.T. c. 5, s. 14. 
 
 Estimates, 15. The estimates shall contain the statutory appropriations 
 
 contain^ which do not require to be voted upon by the Council 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. C.O.Y.T. c. 5, s. 15. 
 
 Expenditure 16. All expenditure of public moneys shall be made by 
 
 by^h^ue^ official cheque on a chartered bank, such cheque being signed by 
 
 the Treasurer and countersigned by the Commissioner or some 
 
 person appointed by him. C.O.Y.T. c. 5, s. 16. No. 7, 
 
 1909, s. 2. 
 
 DEPARTMENT OF THE TERRITORIAL SECRETARY. 
 
 TrlMurefto ^^' '^^® Department of the Territorial Secretary shall be 
 
 be head of ° presided over by the Territorial Treasurer for the time being. 
 
 Territorial [ ■jy^ho shall be the head of said Department. C.O.Y.T. c. 5, 
 
 IZt^tZlt: s- 17. No. 1, 1911, s. 2. 
 
 Duties of ^"1 18. The powers, duties and functions of the Territorial 
 Secretery Secretary are as follows: 
 
 (a.) He shall be the clerk of the Yukon Council; 
 
 (6.) He shall be the keeper of the seal of the Territory; and 
 shall issue all letters patent, commissions and other documents 
 undes the said seal and countersign the same, and all com- 
 missions 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; 
 
 (d.) He shall be King's Printer; 
 
 (e.) He shall be Registrar of Joint-Stock Companies. CO. 
 Y.T. c. 5, s. 18. No. 7, 1909, s. 3. No. 9, 1914, s. 1. 
 
 Territorial 19. The Territorial Secretary shall be the Registrar of the 
 
 brRegfstrar. Territory; and as such shall register all instruments of summons, 
 commissions, letters pateni?, writs and other instruments and 
 documents issued under the seal of the Territory; and his 
 signature shall be proof of the fact that such registers, archives, 
 instruments of summons, commissions, letters patent, writs and 
 other instruments and documents exist and are lawfully in his 
 possession; and any copy (signed by him) of any document 
 shall be equivalent to the original instrument itself in any court 
 
Public Service. Chap. 75. 709 
 
 in the Territory, and every document or copy of document 
 purporting to bear his signature shall be deemed so to do until 
 proof of the contrary. C.O.Y.T., c. 5, s. 19. 
 
 FEES. 
 
 30. The Commissioner may from time to time make a tariff Fees for 
 of fees which shall be paid for the issuing and registering of ^^^^j^^g^"^ 
 commissions, letters patent, licenses and other instruments 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 hereinbefore 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. 
 C.O.Y.T. c. 5, s. 20. 
 
 DEPARTMENT OF WORKS AND BUILDINGS. 
 
 21. The Department of Works and Buildings shall be Superinten- 
 presided over by an officer to be called the Superintendent of to b*e herd rf^ 
 Works, and said Department shall have charge of all public Department 
 works and buildings which may be constructed out of public °^^°''''^- 
 funds, and may, with the approval of the Commissioner employ 
 
 such assistance as he requires. C.O.Y.T. c. 5, s. 21. No. 4, 
 1912, s. 2. 
 
 22. The powers, duties and functions of the Superintendent Powers of 
 
 of Works are as follows: deSt of" Works 
 
 (a.) He shall have the supervision of all matters of business to supervise 
 which may come under the jurisdiction of the Department,initiate ^'^ busmees. 
 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 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 con- 
 nection with the same, and the Commissioner has approved 
 of such expenditure; 
 
 (6.) He shall certify to all bills or accounts for the construction. Certify 
 maintenance or repair of public works or buildings, the materials accounts, 
 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; 
 
 (d.) 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 Government; and 
 
 (e.) He shall make a report in writing once each week to the 
 Commissioner. C.O.Y.T. c. 5, s. 23. No. 7, 1909, s. 5. 
 
710 
 
 Chap. 76. 
 
 Public Service. 
 
 With 
 approval 
 of commis- 
 sioners to 
 enter into 
 contract. 
 
 Security to 
 be taken. 
 
 If contractor 
 fails to pay- 
 workmen 
 super- 
 intendent 
 may pay. 
 
 Provisions 
 to apply to 
 previous 
 contracts. 
 
 23. The Superintendent of Public Works with the approval 
 of the Commissioner shall have power to enter into any contract 
 with any person or corporation that may be necessary or advis- 
 able in carrying out the provisions of any Ordinance of the 
 Territory but no deeds, contracts or writings shall hereafter 
 be deemed to be binding on the Department nor shall beheld 
 to be acts of the Commissioner unless signed by him and the 
 Superintendent of Works. C.O.Y.T. c. 5, s. 24. 
 
 24. The Superintendent of Works, when any public work is 
 being carried out by contract, and in other cases, 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 spe- 
 cified 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 parties 
 therein named, or until any security required has been given. 
 C.O.Y.T. c. 5, s. 25. 
 
 25. In cas? a contractor for the construction of, or in con- 
 nection with, a public work let under contract with the Com- 
 missioner, or any sub-contractor in the construction of any such 
 public work, makes default in payment of the wages of any fore- 
 man, 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, workman or labourer, or by any team 
 employed on the work, if the claim for such wages or sum is filed 
 in the office 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 Commis- 
 sioner, cause such claims to be paid to the extent of any moneys 
 or securities at the time of the filing of the said claim in the hands 
 of the Territorial Treasurer for securing the performance of the 
 contract. C.O.Y.T. c. 5, s. 26. 
 
 20. 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 Ordinance have ac- 
 quired liens upon the contract money. C.O.Y.T. c. 5, s. 27. 
 
 LICENSE DEPARTMENT. 
 
 License 
 Department. 
 
 2T. The License Department shall be divided into two 
 branches; one branch shall be presided over by the Chief In- 
 spector of Licenses and the other by the Chief Preventive Officer. 
 C.O.Y.T. c. 5, s. 28. 
 
 Treasurer to 28. The Treasurer of the Yukon Territory shall be Chief 
 License^' Inspector of Licenses and Inspector of Licenses for the City of 
 Inspector. Dawson. No. 7, 1909, s. 6. 
 
Public Service. Chap. 76. 711 
 
 20. The Chief Inspector of Licenses, in addition to performing p^'^f 
 the duties required of him by the Liquor License Ordinance and orLioenLa 
 by the By-Laws of the City of Dawson shall have charge of, to issue all 
 and issue all licenses which may be issued under any Ordinance licenses. 
 of the Territory or under said by-laws, upon receipt of the 
 necessary fee for the same. He shall also report to the Commis- 
 sioner upon all matters affecting applications for licenses and 
 make a recommendation on the same whenever required to do 
 so by Ordinance or by direction of the Commissioner. He 
 shall also see that all decisions of the Commissioner affecting 
 his branch of the License Department are enforced and pros- 
 ecute all infractions of the law. No. 7, 1909, s. 7. 
 
 30. The Chief Preventive Officer, in addition to performing ^"*'^s °^ 
 the duties required of him by the Ordinance respecting the Im- Preventive 
 portation of Liquor, shall prosecute all infractions against said Officer. 
 Ordinance, and see that all decisions of the Commissioner affect- 
 ing his bj-'anch of the License Department are carried into effect. 
 C.O.Y.T. c. 5,- s. 30. 
 
 DEPARTMENT OF EDUCATION. 
 
 31. The Department of Education shall be presided over by Department 
 the Superintendent of Schools. C.O.Y.T. c. 5, s. 31. of Education. 
 
 33. The Superintendent of Schools, in addition to per- Supt. of 
 forming the duties required of him by the School Ordinance, Schools, 
 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 any ^e°™ation to 
 expenditure required in the public schools of the Territory, and Commia- 
 shall make a recopimendation as to what action should be taken sioner. 
 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. 
 accounts for the salaries of the school teachers, as well as the 
 other officers under him. C.O.Y.T. c. 5, s. 32. 
 
 HEALTH DEPARTMENT. 
 
 33. The Medical Health Officer, appointed under the Health 
 Health Ordinance, shall be the head of the Health Department. Department. 
 C.O.Y.T. c. 5, s. 33. 
 
 34. The Medical Health Officer, in addition to performing Duties of 
 all duties required of him by the Ordinances of the Territory, jlgfith^ 
 shall report at least once each month to the Commissioner officer, 
 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. C.O.Y.T. c. 5, s. 34. 
 
712 
 
 Chap. 7e. 
 
 Public Service. 
 
 GENERAL. 
 
 Accounts to 35. No money shall be expended by the head of any Depart- 
 by ConT' ment unless authorized by Ordinance and the said expenditure 
 missioner. has been approved by the Commissioner. C.O.Y.T. c. 5, s. 35. 
 
 Head of 
 Department 
 to approve of 
 requisitions. 
 
 36. The head of a Department shall satisfy himself as to 
 the necessity of all moneys applied for by officers, workmen 
 or employees of his Department, for travelhng or other 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 Treasurer shall issue a cheque therefor. 
 C.O.Y.T. c. 5, s. 36. 
 
 Accounts to 
 be certified. 
 
 3T. All accounts incurred by the head or any official of any 
 Department for materials supplied or work done, shall 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. C.O.Y.T. c. 5, s. 37. 
 
 Commis- 
 sioner to fix 
 hours of 
 attendance. 
 
 Commis- 
 sioner may 
 transfer 
 employees. 
 
 38. The Commissioner may regulate the hours of attendance 
 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 Depart- 
 ment requires shall be given by all the clerks and employees 
 without additional compensation. C.O.Y.T. c. 5, s. 38. 
 
 39. The Commissioner may transfer any clerk or employee 
 from one Department to another or assign any duties to any 
 clerk or employee temporarily or otherwise. C.O.Y.T. c. 5, 
 s. 39. 
 
 40. No allowance or compensation shall be made for any 
 
 No extra 
 
 allowances to , . , , i . i i i i 
 
 be made. extra serviccs whatsoever which any clerk or employee is 
 required to perform. C.O.Y.T. c. 5, s. 40. 
 
 D^^art' nt '^^' '^^® head of a Department may, subject to the approval 
 may suspend of the Commissioner, suspend from the performance of his 
 employee. 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. C.O.Y.T. c. 5, s. 41. 
 
 Treasurer to 
 be Assessor 
 
 42. 
 
 The Treasurer shall be Assessor and Tax Collector 
 
 and for the City of Dawson, and may employ such assistants as may 
 
 Collector for be required. No. 7, 1909, s. 8. 
 Dawson. 
 
 sections °^ '*^* ^^ ^^^® °^ ^'^y conflict or inconsistency between the 
 
 next preceding section and any Ordinance or By-Law, the next 
 preceding section shall prevail. No. 7, 1909, s. 8. 
 
Public Service.. Chap. TG. 713 
 
 44. No person who is a member of the Yukon Council shall ^^g,^®"^ 
 be appointed an officer, clerk, or servant under the provisions of council not 
 this Ordinance; and in the event of such person being appointed to be 
 as such officer, clerk or servant he shall forthwith cease to be ='PP°i'^*«<i- 
 a member of the Yukon Council. No. 4, 1912, s. 3. 
 
714 
 
 Chap. 77. 
 
 Roadhouses. 
 
 CHAP. 77- 
 An Ordinance respecting Roadhouses. 
 
 "Road- 
 house." 
 
 Keeper to 
 
 provide 
 
 fire-escapes. 
 
 Nature of 
 
 1. This Ordinance may be cited as the Roadhouse Ordi- 
 nance. No. 3, 1907, s. 1. 
 
 3. In this Ordinance the expression "Roadhouse" extends 
 to and includes all buildings whose owner, lessee or proprietor 
 provides board or lodging for remuneration. No. 3, 1907, s. 2. 
 
 3. The keeper of every roadhouse shall, where the same 
 is more than one story in height, provide and keep in each of 
 the sleeping apartments or bedrooms which are situate above 
 the ground floor, a fire escape for the use of guests occupying 
 the same. 
 
 2. Such fire escape shall be sufficient within the meaning 
 of this Ordinance if it consists of a rope not less than three- 
 quarters of an inch in thickness and of sufficient length to reach 
 from the room or apartment in which it is kept to the ground 
 below, and is kept in a coil or other convenient position in each 
 of the said rooms or sleeping apartments; and if the outside 
 window or opening of such sleeping apartments or bedrooms 
 is provided with proper, secure and convenient fastenings or 
 appliances to which one end of the rope may be safely secured 
 or fastened. No. 3, 1907, s. 3. 
 
 Further 4. In case any roadhouse is provided with outside stationary, 
 
 provisions as qj. other fire escapes, differing from what is herein provided for, 
 fire-escapes, by means of which, in the opinion of a non-commissioned 
 officer of the Royal North-West Mounted Police in charge 
 of the district in which any such roadhouse is situated, a reason- 
 ably safe and convenient means of egress from the sleeping 
 apartments or bedrooms is provided in case of fire, the same shall 
 be deemed a compliance with this Ordinance, so far as relates 
 to all sleeping apartments or bedrooms from the outside windows 
 or openings of which there is access to the said fire escapes. 
 No. 3, 1907, s. 4. 
 
 Notice in 
 
 sleeping 
 
 apartments. 
 
 5. The keeper of every roadhouse shall require to keep 
 posted up in each of the sleeping apartments or bedrooms 
 a notice calling attention to the said fire escapes and containing 
 full directions for the use of the same as well as a description 
 of the outside stairway and the situation and means of egress 
 to the same. No. 3, 1907, s. 5. 
 
 No 6. No cotton, paper or other inflammable material shall 
 
 material^on^ be used in furnishing the walls of any roadhouse unless it is 
 walls, etc. pasted firmly to the wall. No. 3, 1907, s. 6. 
 
Roadhouses. Chap. 77. 715 
 
 7. All water closets and privies in connection with roadhouses Condition of 
 shall be built of wood and shall be so constructed as to be p"""'^^' ^*''- 
 hidden from view from the public roads; and they shall be 
 divided in two distinct parts, one for males and one for females. 
 No. 3, 1907, s. 7. 
 
 8 Any person guilty of an infraction of any of the provisions Penalty. 
 of this Ordinance shall be liable to a penalty of not less than 
 $10 and not exceeding $100, and in default of payment to 
 imprisonment for a term not exceeding three months. No. 3, 
 1907, s. 8. 
 
 9. The keeper of every hotel and roadhouse shall keep a Register for 
 public register in which shall be entered the name of every gu™||tobe 
 person who is supplied with board or lodging on the premises, kept. 
 No. 1, 1908, s. 1. 
 
716 Chap. 78. Sale of Goods. 
 
 CHAP. 78. 
 An Ordinance respecting the Sale of Goods. 
 
 SHORT TITLE. 
 
 Short title. 1, This Ordinance may be cited as The Sale of Goods Ordi- 
 nance. C.O.Y.T. c. 35, s. 1. 
 
 INTBEPEETATION. 
 
 Interpre- 2. In this Ordinance unless the context or su\)iect matter 
 
 tation. j.T_ • • 
 
 otherwise requires: 
 
 (a) "Action" includes counterclaim and set off; 
 (6) "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 possession 
 from one person to another; 
 
 (e) "Document of title to goods" has the same meaning 
 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; 
 
 (t) "Goods" includes all chattels personal other than 
 things in action or money. The term includes imple- 
 ments, industrial growing crops and things attached to 
 or forming part of the land which are agreed to be severed 
 before sale or under the contract of sale; 
 
 0'.) "Property" means the general property in goods and 
 not merely a special property; 
 
 (fc.) "Quality of goods" includes their state or condition; 
 
 (l.) "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 col- 
 lateral to the main purpose of such contract, the breach 
 of which gives rise to a claim for damages 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" within the 
 meaning of this Ordinance when it is in fact done honestly 
 whether it is done negligently or not. 
 
Sale of Goods. Chap. TS. 717 
 
 3. A person is deemed to be insolvent within the meaning 
 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. Goods are in a "deUverable state" within the meaning 
 of this Ordinance when they are in such state that the buyer 
 would under the contract be bound to take delivery of them. 
 C.O.Y.T. c. 35, s 2. 
 
 PART I. 
 
 FORMATION OF THE CONTRACT. 
 
 Conrad oj Sale. 
 
 3. A contract of sale of goods is a contract whereby the Sale and 
 seller transfers or agrees to transfer the property in goods to the agi^eement 
 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 contract is called 
 a sale; but where the transfer of the property in the goods is to 
 take place at a future time or subject to some condition there- 
 after to be fulfilled the contract is called an agreement to sell. 
 
 4. An agreement to sell becomes a sale when the time 
 elapses or the conditions are fulfilled subject to which the pro- 
 perty in the goods is to be transferred. C.O.Y.T. c. 35, s. 3. 
 
 4. Capacity to buy and sell is regulated by the general law Capacity to 
 concerning capacity to contract and to transfer and acquire ^^^ ^^^ ^^^'• 
 property; 
 
 Provided that where necessaries are sold and delivered to an Proviso, 
 infant or minor or to a person who by reason of mental incapacity 
 or drunkenness is incompetent to contract he must pay a reason- 
 able 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 requirements at the time of the sale and 
 delivery. C.O.Y.T. c. 35, s. 4. 
 
 Formalities of the Contract. 
 
 5. Subject to the provisions of this Ordinance and of any Contract of 
 Ordinance in that behalf a contract of sale may be made in ^Lde^"^ 
 writing (either with or without seal) or by word of mouth 
 
 or partly in writing and partly by word of mouth or may be im- 
 plied from the conduct of the parties: 
 
 Provided that nothing in this section shall affect the law Proviso, 
 relating- to corporations. C.O.Y.T. c. 35, s. 5. 
 
 6. A contract for the sale of any goods of the value of fifty '-'?"*/^''«q' 
 dollars or upwards shall not be enforceable by action unless the |n| upwarda. 
 
718 
 
 Chap. 78. 
 
 Sale of Goods. 
 
 Existing or 
 future goods. 
 
 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 for 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 contract or not. 
 C.O.Y.T. c. 35, s. 6, 
 
 Subject master of Contract. 
 
 7. The goods which form the subject of a contract of sale 
 may be- either existing goods owned or possessed by the 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 acquisi- 
 tion of which by the seller depends upon a contingency 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 agree- 
 ment to sell the goods. C.O.Y.T. c. 35, s. 7. 
 
 Goods which 8. Where there is a contract for the sale of specific goods 
 perished ^^^ ^^^ goods without the knowledge of the seller have perished 
 
 at the time when the contract is made, the contract is void. 
 
 C.O.Y.T. c. 35, s. 8. 
 
 Gopds 9. Where there is an agreement to sell specific goods and 
 
 befoVsaie subsequently the goods without any fault on the part of the 
 
 but after seller or buyer perish before the risk passes to the buyer the 
 
 to?eT'"'*' agreement is thereby avoided. C.O.Y.T. c. 35, s. 9. 
 
 The Price. 
 
 Ascertain- lO. The price in a contract of sale may be fixed by the 
 
 ment of price, contract or may be left to be fixed in manner thereby agreed 
 
 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. C.O.Y.T. c. 35, s. 10. 
 
 Agreement u. Where there is an agreement to sell goods on the terms 
 
 ■^uLtion. that the price is to be fixed by the valuation of a third party and 
 
Sale of Goods. Chap. 78. 719 
 
 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 
 dehvered 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. C.O.Y.T. c. 35, s. 11. 
 
 Conditions ayid Warranties. 
 
 12. Unless a different intention appears from the terms of the Stipulations 
 contract, stipulations as to time of payment are not deemed *^ *° *''"^- 
 to be of the essence of a contract of sale. Whether any other 
 stipulation as to time is of the essence of the contract or not 
 depends on the terms of the contract. 
 
 2. In a contract for sale "month" means prima facie calendar 
 month. C.O.Y.T. c. 35, s. 12. 
 
 13. Where a contract or sale is subject to any condition When 
 
 to be fulfilled by the seller the buyer may waive the condition to bi' treated 
 or may elect to treat the breach of such condition as a breach aa warranty. 
 of warranty and not as a ground for treating the contract as 
 repudiated. 
 
 (a) Whether a stipulation in a contract of sale is a condition 
 the breach of which may give rise to a right to treat 
 the contract as 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 stipulation may be a condition though 
 called a warranty in the contract. 
 
 (b) Where a contract of sale is not severable and the 
 buyer has accepted the goods 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 affect the case of any condi- 
 tion or warranty, fulfilment of which is excused by law by reason 
 of impossibility or otherwise. C.O.Y.T. c. 35, s. 13. 
 
 14. In a contract of sale unless the circumstances of the implied 
 contract are such as to show a different intention there is : undertaking 
 
 1. An implied condition on the part of the seller that in ''^*° *'*!«• ^t"- 
 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; 
 
720 
 
 Chap. 78. 
 
 Sale of Goods.. 
 
 Sale by 
 description. 
 
 3. An implied warranty that the goods shall be free from any 
 charge or encumbrance in favour of any third party not declared 
 or known to the buyer before or at the time when the contract 
 is made. C.O.Y.T. c. 35, 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 sufficient that the bulk of the 
 goods corresponds with the sample if the goods do not also 
 correspond with the description. C.O.Y.T. c. 35, s. 15. 
 
 Implied 16. Subject to the provisions of this Ordinance and of any 
 
 as"to*quaUty Ordinance in that behalf there is no implied warranty or Con- 
 or fitness. dition as to the quality or fitness for any particular purpose of 
 goods supplied under a contract of sale except as follows: 
 
 1. Where the buyer expressly or by implication makes known 
 to the seller the particular purpose for the which the goods are 
 required so as to show that the buyer relies on the seller's skill 
 or judgment and the goods are of a description which it is in the 
 course of the seller's business to supply (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 manu- 
 facturer 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 exam- 
 ination ought to have revealed; 
 
 3. An implied warranty or condition as to quality or fitness 
 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 incon- 
 sistent therewith. C.O.Y.T. c. 35, s. 16. 
 
 Sale by Sample. 
 
 Sale by IT. A contract of sale is a contract for sale by sample where 
 
 sample. 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; 
 (b.) 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 unmerchantable 
 which would not be apparent on reasonable examination 
 of the sample. C.O.Y.T. c. 35, s. 17. 
 
Sale of Goods. Chap. 78. 721 
 
 PART II. 
 
 EFFECTS OF THE CONTRACT. 
 
 Transfer of Property as between Seller and Buyer. 
 
 18. Where there is a contract for the sale of unascertained Goods must 
 goods no property in the goods is transferred to the buyer unless ^® . • ^ 
 and until the goods are ascertained. C.O.Y.T. c. 35, s. 18. ascertained. 
 
 19. Where there is a contract for the sale of specific or ^^^gf ^hen 
 ascertained goods the property in them is transferred to the Ertended '^" 
 buyer at such time as the parties to the contract intended it to to pass. 
 
 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. C.O.Y.T. c. 35, 
 s. 19. 
 
 20. Unless a different intention appears the following are ^"'^3 for 
 rules for ascertaining the intention of the parties as to the time fntentfon!"^ 
 at which the property in the goods is to pass to the buyer: 
 
 Rule I. — -Wherd 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 specific 
 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. 
 
 (a.) When he signifies his approval or acceptance to the 
 seller or does any other act adopting the transaction; 
 
 (6.) If he does not signify his approval or acceptance to 
 the seller but retains the goods without giving notice of 
 rejection then if a time has been fixed for the return of the 
 goods, on th^ expiration of such time; and, if no time 
 has been fixed, on the expiration of a reasonable time. 
 What is a reasonable time is a question of fact. 
 
 Rule V. — Where there is a contract for the sale of unascer- 
 tained or future goods by description and goods of that des- 
 cription and in a deliverable state are unconditionally 
 appropriated to the contract either by the seller with the 
 
 70263—46 
 
722 
 
 Chap. 7H. 
 
 Sale of Goods. 
 
 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; 
 
 , Where in pursuance of the contract the seller delivers the 
 goods to the buyer or to a carrier or other bailee or 
 custodian (whether named by the buyer or not) for the 
 purpose of transmission to the buyer and does not reserve 
 the right of disposal he is deemed to have unconditionally 
 appropriated the goods to the contract. C.O.Y.T. c. 35, 
 s. 20. 
 
 Reservation 
 of right of 
 disposal. 
 
 Risk prima 
 facie passes 
 with property. 
 
 21. Where there is a contract for the sale of specific goods or 
 where goods are subsequently appropriated to the contract the 
 seller may by the terms of the contract or appropriation reserve 
 the right of disposal of the goods until certain conditions are ful- 
 filled. In such case, notwithstanding the delivery of the goods 
 to the buyer or to a carrier or other bailee or custodian for the 
 purpose of transmission 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. CO. 
 Y.T. c. 35, s. 21. 
 
 22. Unless otherwise agreed the goods remain at the 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 that 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 any 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 custodian 
 of the goods of the other party. C.O.Y.T. c. 35, s. 22. 
 
 Sale by 
 person not 
 owner. 
 
 Transfer of Title. __ 
 
 23. Subject to the provisions of this Ordinance, where 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. 
 
Sale of Goods. Chap. 78. 723 
 
 Provided also that nothing in this Ordinance shall affect: 
 (a.) The provisions of The Factors Ordinance or any enact- 
 ment enabling the apparent owner of goods to dispose of 
 them as if he were the true owner thereof; 
 (6.) 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. C.O.Y.T. c. 35, s. 
 23. 
 
 24. When the seller of goods has a voidable title thereto Sale under 
 but his title has not been voided at the time of sale the buyer y^^^''^® 
 acquires a good titb to the goods provided he buys them in good 
 
 faith and without notice of the seller's defect of title. C.O.Y.T. 
 c. 35. s. 24. 
 
 25. Where a person having sold goods continues or is in Seller or 
 possession of the goods or of the documents of title to the goods ^^e^'^„ 
 the delivery or transfer by that person or by a mercantile agent after sale, 
 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 trans- 
 fer was expressly authorized by the owner of the goods to make 
 the same. 
 
 2. When a person having bought or agreed to buy goods 
 obtains with the consent of the 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 or other dis- 
 position 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 pos- 
 session 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 Factors Ordinance. C.O.Y.T. c. 35, s. 25. 
 
 PART III. 
 
 Performance of the Contract. 
 
 26. It is the duty of the seller to deliver the goods and of the Duties of 
 buyer to accept and pay for them in accordance with the terms Jf"*^/"^ 
 of the contract of sale. C.O.Y.T. c. 35, s. 26. 
 
 2T. Unless otherwise agreed delivery of the goods and pay- Payment and 
 ment of the price are concurrent conditions; thai; is to say, the eon7u^nT^ 
 seller must be ready and willing to give possession of the goods conditions, 
 to the buyer in exchange for the price and the buyer must be 
 ready and willing to pay the price in exchange for possession of 
 the goods. C.O.Y.T. c. 35, s. 27. 
 70263— 46§ 
 
724 
 
 Rules as to 
 delivery. 
 
 Chap. 78. 
 
 Sale of Goods. 
 
 28. Whether it is for the buyer to take possession of the 
 goods or for the seller to send them to the buyer is a question 
 depending in each case on the contract express or implied 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 contract 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 sending them is 
 fixed the seller is bound to send them within a reasonable time. 
 
 3. Where the goo^s at the time of the sale are in possession 
 of a third person there is no delivery by seller to buyer unless and 
 until such third person acknowledges to the buyer thab 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 ineffectual 
 unless made at a reasonable hour. What is a reasonable hour 
 is a question of fact. 
 
 5. Unless otherwise agreed the expenses of and incidental 
 to putting the goods into a deliverable state must be borne by 
 the seller. C.O.Y.T. c. 35, s. 28. 
 
 Delivery 
 of wrong 
 quantity. 
 
 20. 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 contracted 
 to sell mixed with goods of a different description not included 
 in the contract, the buyer may accept the goods which are in 
 accordance with the 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. 
 C.O.Y.T. c. 35, s. 29. 
 
 Instalment 
 deliveries. 
 
 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 instalments or the buyer neglects or refuses 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 
 
Sale of Goods. Chap. '78. 725 
 
 claim for compensation but not to a right to treat the whole 
 contract aS repudiated. C.O.Y.T. c. 35, s. 30. 
 
 31. Where in pursuance of a contract of sale the seller is Delivery to 
 authorized or required to send the goods to the buyer delivery easier- 
 
 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 
 rnay 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 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 sea 
 transit and if the seller fails to do so the goods shall be deemed 
 to be at his risk during such sea transit. C.O.Y.T. c. 35, s. 31. 
 
 32. Where the seller of goods agrees to deliver them at Risk where 
 his own risk at a place other than that where they are when sold |°utered at 
 the buyer must nevertheless unless otherwise agreed take any distant place, 
 risk of deterioration in the goods necessarily incident to the 
 
 course of transit. C.O.Y.T. c. 35, s. 32. 
 
 33. Where goods are delivered to the buyer which he has Buyer's right 
 not previously examined he is not deemed to have accepted °^ examining 
 them unless and until he has had a reasonable opportunity of ^°° ^' 
 examining them for the purpose of ascertaining 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 con- 
 tract. C.O.Y.T. c. 35, s. 33. 
 
 34. The buyer is deemed to have accepted the goods when Acceptance, 
 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 reasonable time he retains the 
 goods without intimating to the seller that he has rejected them. 
 C.O.Y.T. c. 35, s. 34. 
 
 35. Unless otherwise agreed where goods are delivered Buyer not 
 to the buyer and he refuses to accept them, having the right bound to 
 so to do, he is not bound to return them to the seller but it is rejected 
 sufficient if he intimates to the seller that he refuses to accept goods, 
 them. C.O.Y.T. c. 35, s. 35. 
 
726 
 
 Chap. 78. 
 
 Sale of Goods. 
 
 buyer tw°* 36. When the seller is ready and willing to deliver the 
 neglecting or goods and requests the buyer to take delivery and the buyer 
 deU^'"^ of ^^^^ "'°* within a reasonable time after such request take dehvery 
 goodsT ° of the goods, he is liable to the seller for any 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 contract. C.O.Y.T. 
 
 c. 35, s. 36. 
 
 PART IV. 
 
 Rights of Unpaid Seller against the Goods. 
 
 Unpaidlselier St. The seller of the goods is deemed to be an "unpaid 
 ^ "® ■ seller" within the meaning of this Ordinance — 
 
 (a.) When the whole of the contract price has not been 
 
 paid or tendered; 
 (6.) 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 other- 
 wise. 
 2. In 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 himself paid or is directly 
 responsible for the price. C.O.Y.T. c. 35, s. 37. 
 
 Unpaid 
 seller's 
 rights. 
 
 38. Subject to the provisions of this Ordinance and of 
 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 remedies a right 
 of withholding delivery similar to and co-extensive with his 
 rights of lien and stoppage in transitu where the property has 
 passed to the buyer. C.O.Y.T. c. 35, s. 38. 
 
 Unpaid Seller's Lien. 
 
 Seller's lien. 30. 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 tender of the price, in the 
 following cases, namely; 
 
 (a.) Where the goods have been sold without any stipula- 
 tion as to credit; 
 
Sale of Goods. Chap. 78. 727 
 
 (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 notwithstanding 
 that he is in possession of the goods as agent or bailee for the 
 buyer. C.O.Y.T. c. 35,' s. 39. 
 
 40. Where an unpaid seller has made part delivery of the Part delivery. 
 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 show an agreement to waive the lien or 
 
 right of retention. C.O.Y.T. c. 35, 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 possession 
 of the goods; 
 
 (c) By waiver thereof. 
 
 2. The unpaid seller of goods having a lien or right of reten- 
 tion 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. C.O.Y.T. c. 35, s. 41. 
 
 Stoppage in Transitu. 
 
 42. Subject to the provisions of this Ordinance when thel^'B'itof 
 buyer of goods becomes insolvent the unpaid seller who has f^jranSla. 
 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. C.O.Y.T. c. 35, 
 s. 42. 
 
 43. Goods are deemed to be in course of transit from the Duration of 
 time when they are delivered to a carrier, by land or water, t'^^"^'*- 
 
 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 destina- 
 tion 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 immaterial that a further destination 
 for the goods may have been indicated by the buyer. 
 
 4. If the goods are rejected by the 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. 
 
728 
 
 Chap. 78. 
 
 Sale of Goods. 
 
 5. When goods are- delivered to a ship chartered by the 
 buyer it is a question depending on the circumstances of the 
 particular case whether they are in the posesssion 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. C.O.Y.T. c. 35, 
 s. 43. 
 
 How 
 
 stoppage in 
 transitu 
 effected . 
 
 Affect of 
 subsale or 
 pledge by 
 buyer . 
 
 Sale not 
 generally 
 rescinded by 
 Hen or 
 stoppage 
 in transitu. 
 
 44. The unpaid seller may exercise his right of stoppage 
 in 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 reasonable 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 
 re-deliver the goods to or according to the direction of the seller. 
 The expenses of such re-delivery must be borne by the seller. 
 C.O.Y.T. c. 35, s. 44. 
 
 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 transfer 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 disposition for value the unpaid seller's right 
 of lien or retention or stoppage in transitu can only be exercised 
 subject to the rights of the transferee. C.O.Y.T. c. 35, s. 45. 
 
 4G. 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. 
 
 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 as 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 
 
Sale of Goods. Chap. 78. 729 
 
 to resell and the buyer does not within a reasonable time pay 
 or tender the price the unpaid seller may 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. C.O.Y.T. c. 35, 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 neglects p""®- 
 
 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 wrongfully 
 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. C.O.Y.T. c. 35, s. 47. 
 
 48. Where the buyer wrongfully neglects or refuses to Damages 
 accept and pay for the goods the seller may maintain an action ^°'' °°°- 
 against him tor damages tor 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 ascertained 
 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 for acceptance then 
 at the time of the refusal to accept. C.O.Y.T. c. 35, s. 48. 
 
 Remedies of the Buyer. 
 
 49. Where the seller wrongfully neglects or refuses to Damages for 
 deliver the goods to the buyer the buyer may maintain an action °o"-deiivery. 
 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. 
 
730 
 
 Chap. 78. 
 
 Sale of Goods. 
 
 Specific 
 performance. 
 
 3. Where there is an available market for the goods in 
 question the measure of damages is prima facie to be ascertained 
 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. C.O.Y.T. c. 35, s. 49. 
 
 50. In any action for breach of contract to deliver specific 
 or ascertained goods the Court may if it thinks fit on the appli- 
 cation 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 decree 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 applica- 
 tion by the plaintiff may be made at any time before judgment 
 or decree. C.O.Y.T. c. 35, s. 50.. 
 
 Remedy for 
 breach of 
 warranty. 
 
 Interest and 
 
 special 
 
 damages. 
 
 51. Where there is a breach of warranty by the seller or 
 where the buyer elects or is compelled to treat any breach 
 of a condition on the part of the seller as a breach of warranty 
 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. C.O.Y.T. c. 35, s. 51. 
 
 5S. Nothing in this Ordinance shall affect the right of the 
 buyer or the seller to recover interest or special damages in any 
 case where by law, interest or special damages may be recover- 
 able or to recover money paid where the consideration for the 
 payment of it has failed. C.O.Y.T. c. 35, s. 52. 
 
 PART VI. 
 
 SUPPLEMENTARY. 
 
 Exclusion of 53. Where any right, duty or liability would arise under a 
 implied terms contract of Sale by implication of law it may be negatived 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. C.O.Y.T. c. 35, s. 53. 
 
 and 
 conditions 
 
Sale of Goods. Chap. T8. 731 
 
 54. Where by this Ordinance any reference is made to a Reasonable 
 reasonable time the question what is a reasonable time is a "^if„„ 
 question of fact. C.O.Y.T. c. 35, s. 54. Sr 
 
 55. Where any right, duty or liability is declared by this Rights, etc., 
 Ordmance it may unless otherwise by this Ordinance provided ^^°^ZfJ^^'' 
 be enforced by action. C.O.Y.T. c. 35, s. 55. by action. 
 
 56. In the case of a sale by auction:. Auction 
 1. Where goods are put up for sale by auction in lots each lot 
 
 is prima facie deemed to be the subject of a separate contract of 
 
 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 lawful 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 contravening 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 expr-essly 
 reserved, but not otherwise, the seller or any one person on his 
 behalf may bid at the auction. C.O.Y.T. c. 35, s. 56. 
 
 5T. Where a buyer has elected to accept goods which he Payment into 
 might have rejected and to treat a breach of contract as only breaoh'of" 
 giving rise to a claim for damages he may in an action by the warranty 
 seller for the price be required, in the discretion of the court ^"®s^<i- 
 before which 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. C.O.Y.T. c. 35, s. 57. 
 
 58. The rules of the common law including the law merchant Existing laws 
 save in so far as they are inconsistent with the express provisions preserved 
 of this Ordinance and in particular the rules relating to the law h"reto. 
 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 Ordinance. 
 
 3. The provisions of this Ordinance relating to contracts of Mortgages or 
 sale do not apply to any transaction in the form of a contract of ^ ^ ^^^' 
 sale which is intended to operate by way of mortgage, pledge, 
 
 charge or other security. C.O.Y.T. c. 35, s. 58. 
 
732 
 
 Chap. 79. 
 
 Schools. 
 
 CHAP. 79- 
 An Ordinance respecting Schools. 
 
 SHORT TITLE. 
 
 Short title. 
 
 1. This Ordinance may be cited as The School Ordinance, 
 C.O.Y.T. c. 66, s. 1. 
 
 Interpretation 
 
 "Depart- 
 ment. 
 ' 'Munici- 
 pality." 
 
 "Superin- 
 tendent." 
 "Board." 
 
 INTEHPEETATION . 
 
 3. In this Ordinance, unless the context otherwise requires: 
 
 1. "Department" means the Department of Education. 
 
 2. "Municipahty" 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. C.O.Y.T. 
 c. 66, s. 2. 
 
 COUNCIL OF PUBtIC INSTRUCTION. 
 
 Council of 
 Public 
 Instruction , 
 
 Quorum. 
 
 Annual 
 meeting. 
 
 Powers of 
 Council. 
 
 3. Three members of the Council of the Yukon Territory 
 named by the Commissioner and two persons, one of whom shall 
 be a Protestant and one a Roman Catholic, appointed by the 
 Commissioner in Council for the term of two years, shall 
 constitute a Council of Public Instruction; and one of t.he 
 said Council of the Yukon Territory, to be nominated by the 
 Commissioner, shall be Chairman of the said Council of Public 
 Instruction. The appointed members shall be entitled to vote. 
 
 2. The Commissioner shall be ex-officio a member of the 
 Council of Public Instruction. C.O.Y.T. c. 66, s. 3. No. 14 of 
 1904, s. 2. 
 
 4. A majority of the Council of Public Instruction or of any 
 sub-committee thereof appointed for that purpose, shall consti- 
 tute a quorum of the Council of Public Instruction. C.O.Y.T. 
 c. 66, s. 4. 
 
 5. An annual meeting of the Council shall be held in the 
 month of July at such time and place as the Commissioner 
 appoints; 
 
 2. Additional meetings of the Council may be called at any 
 time by the Commissioner or at the request of any two members. 
 C.O.Y.T. c. 66, s. 5. 
 
 6. All general regulations respecting the inspection of schools, 
 the examination, licensing and grading of teachers, courses of 
 study, teachers institutes and text and reference books shall be- 
 fore being adopted or amended be referred to the Council for 
 its discussion and report. C.O.Y.T. c. 66, s. 6. 
 
Schools. Chap. 79. 733 
 
 • • '^'^^ Council shall consider such matters as may be re- General 
 terred to it as hereinbefore provided or by the Commissioner, p""^^^^- 
 and may also consider any question concerning the educational 
 system of the Territory as to it seems fit, and shall report thereon 
 to the Commissioner in Council. C.O.Y.T. c. 66, s. 7. 
 
 8. The Council may also select, adopt and prescribe series To prescribe 
 of text books to be used in the schools of the Territory, as well tlrt books 
 as the courses and standards of instruction for schools. 
 
 2. Suspend or cancel for cause the certificate of qualification 
 of any teacher. 
 
 3. Determine all cases of appeal arising from the decisions of 
 trustees and make such orders thereon as may be required. 
 C.O.Y.T. c. 66, s. 8. 
 
 POWERS OF THE COMMISSIONER. 
 
 9. The Commissioner may appoint a Superintendent of Commis- 
 Schools for the Yukon Territory, who shall ex officio be Secretary ^^°''^.'' *° 
 
 of the Council of Public Instruction. C.O.Y.T. c. 66, s. 9. fnTendentT" 
 
 schools. 
 
 10. It shall be lawful for the Commissioner from time to time : Powers of 
 
 1. To establish schools in any part of the Territory not ''P™'^*^ 
 within a school district, as he considers necessary. ^'°°^''' 
 
 2. On application of the trustees of any school district to 
 grant such moneys as he considers necessary to pay the salary 
 of the teacher in such school district, and the cost of erecting 
 a school-house. 
 
 _ 3. To grant such sum as he thinks proper to aid in the estab- 
 lishment and maintenance of a school in any part of the Territory 
 not being a school district. 
 
 4. To appoint two or more examiners, at such remuneration 
 as he thinks proper, who, together with the superintendent of 
 schools, shall constitute a board of examiners, to examine 
 teachers and grant certificates of qualification. Such certificates 
 shall be of two classes, viz. : First-class certificates and Second- 
 class certificates. 
 
 5. To grant interim certificates of qualification for one year 
 to teachers having first or second class certificates of any prov- 
 ince of Canada, and on the report of the Superintendent of 
 Schools, to make such certificates permanent. 
 
 6. To appoint an official trustee to conduct the affairs of any 
 district; and any such official trustee shall have all the powers 
 and authorities conferred by this Ordinance on a board and its 
 officers; and shall be remunerated out of the funds of the district 
 or otherwise as the Commissioner decides, and upon the appoint- 
 ment of any such official trustee the board of any district for 
 which he is appointed shall cease to hold office as such. 
 
 7. To appoint some person to inquire into and report upon the 
 conditions existing in any portion of the Territory that has not 
 been erected into a school district, and subject to the provisions 
 of this Ordinance in that behalf to take such action thereon as 
 to him seems expedient; and such person shall receive such 
 remuneration as the Commissioner determines. 
 
734 
 
 Chap. 79. 
 
 Schools. 
 
 8. To make any provision not inconsistent with this Ordi-i 
 nance that may be necessary to meet exigencies occurring under 
 its operation: and generally from time to time to make and 
 enforce all such general rules orders and regulations as are 
 necessary for the purpose of giving full effect to all or any of 
 the provisions of this Ordinance. 
 
 9. To direct the Department of Education to perform any 
 of the duties conferred upon him by this Ordinance. C.O.Y.T. 
 c. 66, s. 10. 
 
 DUTIES OF SUPERINTENDENT OF SCHOOLS. 
 
 Duties of 
 superin- 
 tendent of 
 schools. 
 
 11. It shall be the duty of the Superintendent of Schools: 
 
 1. To visit all schools established under this Ordinance and 
 inquire into and report to the Commissioner and to the Council 
 of Public Instruction upon the progress and attendance of the 
 pupils, the discipline and management of schools, the system of 
 education pursued, the mode of keeping school registers, the con- 
 dition of school buildings and premises, and generally the com- 
 pliance with the provisions of this Ordinance and all such other 
 matters as by the Commissioner is deemed expedient or advis- 
 able in the public interests. 
 
 2. Subject to the approval of the Commissioner to make 
 and establish rules and regulations for the conduct of schools, 
 to prescribe the duties of teachers and their classification not 
 inconsistent with the provisions of this Ordinance. 
 
 3. To perform the duties of a board of trustees in respect 
 to all schools heretofore established or which are hereafter 
 established under this Ordinance which are not within the 
 limits of an established school district. 
 
 4. To make annually for the information of the Yukon 
 Council a report of the actual state of the public schools through- 
 out the Territory, showing the number of pupils taught in each 
 school, the branches taught, and average attendance, the amount 
 of moneys expended in connection with each school, the number 
 of official visits made to each school, the salaries of teachers, the 
 number of qualified teachers, their standing and sex, together with 
 any other information that he may possess respecting the edu- 
 cational state and wants and advantages of each school and 
 district in the Territory, and such statements and suggestions for 
 improving the schools and school laws, and promoting educa- 
 tion generally, as he deems useful and expedient; which report 
 shall be laid before the Yukon Council immediately after the 
 opening of the next succeeding session thereof. 
 
 5. To prepare suitable forms and give such instructions as 
 he considers necessary and proper for making all reports and 
 conducting all proceedings under this Ordinance. 
 
 6. With due diligence, after any complaint has been made 
 to him respecting the mode of conducting any election of 
 trustees (as hereinafter provided for) to investigate such 
 complaint, and report the fact^ to the Commissioner. 
 
 7. To close schools when the average attendance falls below 
 seven. 
 
Schools. Chap. 79. 735 
 
 4.1.^' /?° Perform such other duties as are assigned to him by 
 ^^ ,r°^™'^^^°'^^'' o^ by the Council of Public Instruction. 
 C.O.Y.T. c. 66, s. 11. 
 
 SCHOOL DISTRICTS. 
 
 12. The Commissioner may by proclamation establish the Commia- 
 City of Dawson and every town incorporated under the Towns ^'t^trT^ 
 Ordmance or which is hereafter incorporated under said Ordin- school 
 ance or any other part of the Territory where a school has been districts. 
 established, a school district under this Ordinance; and on the 
 petition of three ratepayers in an area of not more than five 
 square miles containing not less than four ratepayers and twelve 
 children between the ages of 5 and 16 inclusive, and upon veri- 
 fication of these facts by solemn declaration the Commissioner 
 
 shall erect such area into a school district under this Ordinance. 
 C.O.Y.T. c. 66, s. 12. 
 
 13. As soon as the City of Dawson is erected into a School City to elect 
 District the Commissioner shall appoint a returning officer frustees 
 and fix a day for holding an election of five trustees, who shall 
 
 hold office until the second Monday of January next following 
 the date of the election, or until their successors are elected. 
 
 2. The returning officer shall within ten days from the Returning 
 receipt of his appointment post notices as nearly as may be in °^f^ *? 
 form "A" in the schedule hereto in various public places within p°^*''°*'°«- 
 the city. 
 
 3. Every person who is a British subject and who was assessed Who entitled 
 upon the assessment roll of the City of Dawson last preceding the *° ^°^'^' 
 date of such election and whose taxes have been paid in full on 
 
 or before the day of such election, shall be entitled to vote at 
 such election and no other person shall be entitled except as 
 hereinafter provided. 
 
 4. The collector of taxes shall cause to be prepared for Voters' 
 use at such election a list alphabetically arranged of the names prep*^id 
 of all persons assessed upon said assessment roll who have paid 
 their taxes up to the hour of closing his office on the seventh day 
 prior to the date of such election and such list shall be certified 
 by said collector of taxes and shall be the voters' list for said 
 election. 
 
 5. Every person assessed upon said assessment roll who shall Persons 
 have paid his taxes in full at any time after the said seventh day after°i1st*^^^ 
 prior to the date of the election and before four o'clock in the made up 
 afternoon of the day of such election shall be entitled to receive entitled 
 from said collector of taxes a certificate that all his taxes have 
 been paid in full and shall on production of such certificate to the 
 deputy returning officer at any polling place and filing the 
 same with him be entitled to have his name entered on the 
 voters' list at the polling place and shall be given a ballot and be 
 entitled to vote. All such certificates shall after the close of the 
 poll be placed in the ballot box and delivered therewith to the 
 returning officer. No. 1 of 1914, s. 1. 
 
736 
 
 Chap. 79. 
 
 Schools. 
 
 Qualification 
 of trustees. 
 
 Nomination 
 
 of 
 
 candidates. 
 
 If 
 
 nominations 
 do not exceed 
 required 
 number. 
 
 Returning 
 officer to 
 declare. 
 
 Returning 
 Officer to 
 appoint 
 Deputy, etc. 
 
 Oath to be 
 taken by 
 officials. 
 
 14. The persons qualified to be elected trustees shall be 
 British subjects and actual resident ratepayers within the city 
 able to read and write and not disqualified under this Ordinance. 
 
 2. Every candidate for the office of trustee shall be 
 nominated in writing by two ratepayers of the city and such 
 nomination paper shall be delivered to the returning officer 
 not later than five o'clock in the afternoon of the Monday 
 previous to the second Monday in January. 
 
 3. In case the number of nominations do not exceed the 
 number of trustees to be elected the returning officer shall 
 declare the person or persons nominated to be elected and shall 
 make a return thereof to the Commissioner with the nomination 
 papers of all persons so nominated. No. 1 of 1914, s. 1. 
 
 15. The returning officer shall provide a polling place for 
 every 250 voters and for each polling place shall appoint a deputy 
 returning officer and poll clerk and said election as to division 
 of voters' lists for the several polling stations, the secret marking 
 of ballots and otherwise shall be conducted as far as may be 
 under the provisions hereof in the same manner as is provided 
 by law at an election of a member of the Yukon Council. 
 
 2. The returning officer, deputy returning officers and 
 poll clerks shall before entering upon their respective duties 
 take the oath in form "B" in the schedule to the Ordinance to 
 the proper and faithful discharge of the same. No. 1 of 1914, s. 1. 
 
 Opening and 
 closing of 
 poll; ballot 
 papers to ^ 
 be provided. 
 
 Form of 
 ballot. 
 
 Poll clerk to 
 enter names in 
 poll book. 
 Each 
 candidate 
 may be 
 represented 
 by agent. 
 
 Deputy 
 returning 
 officer to 
 initial 
 ballots, etc. 
 
 16. Upon the day fixed by the Commissioner the deputy 
 returning officer shall open the poll at nine o'clock in the 
 forenoon and shall keep the same open until five o'clock in the 
 afternoon. The returning officer shall provide a poll book, 
 which poll book shall be in the same form, with such variations 
 as may be necessary, as that provided in an Ordinance respecting 
 elections, for use on an election for a member of the Yukon 
 Council, a ballot box, a sufficient number of ballot papers and the 
 necessary material to mark the ballots for each deputy returning 
 officer. 
 
 2. Ballot papers for use at such election shall be in form 
 "C" in the schedule hereto. 
 
 3. The poll clerks shall write in the poll books the name of 
 each voter when he offers to vote. 
 
 4. Every candidate shall be entitled to be represented at 
 such polling booth by an agsnt, who shall produce to the deputy 
 returning officer his appointment as such agent signed by the 
 candidate, or in case of his absence from Dawson by two electors, 
 one of whom shall be one of the nominors of the candidate. 
 
 5. When the name of any person claiming to vote is found 
 upon the list of voters, or such person produces a certificate from 
 the collector of taxes as hereinbefore provided and when the 
 proper entries respecting him have been made in the poll book 
 the deputy returning officer shall write his initials on the back 
 of a ballot paper and deliver the same to such person unless such 
 person has refused to take any prescribed oath or affirmation, 
 when no ballot paper shall bedelivered to him. 
 
Schools. Chap. 79. 737 
 
 6. At the hour of five o'clock in the afternoon the deputy Closing of 
 returning officer shall declare the poll closed and shall forth- p°" ^?<* 
 with thereafter, with the assistance of his poll clerk and in the rf baUots. 
 presence of the candidates and their agents or such of them as 
 
 are then present, open the ballot box and examine the ballots 
 therein and proceed to count the votes. 
 
 7. Any ballot paper, 
 
 (o) Not initialled by the deputy returning officer, or Certain 
 
 (b) On which votes are given to more candidates than are ^^ ^e*^ ""^ 
 to be elected, or counted. 
 
 (c) On which anything is written or marked appearing to 
 have been designedly put there, for the purpose of 
 enabling the' same to be identified as a ballot of a 
 particular voter, or 
 
 (d) Which is unmarked, or 
 
 (e) From which it is uncertain for which candidate or 
 candidates the voter votes, 
 
 shall be void and not counted. No. 1 of 1914, s. 1. 
 
 17. After summing up the votes the deputy returning Deputy 
 officer, if requested so to do by any of the candidates or agent o^"e°'!J^ 
 of any candidate, shall give to such candidate or agent a certifi- furnish 
 cate of the number of votes given for each candidate and of the certificatps 
 nunaber of rejected ballots and shall then place all the ballots, ° ^° ^■ 
 poll books and oaths, voters' lists and certificates of the collector 
 
 of taxes in the ballot box and seal up the same and return to the 
 returning officer with a written statement of the votes cast for 
 each candidate and the number of rejected ballots. 
 
 2. The returning officer shall as soon as possible sum up the Returning 
 result of the returns of all the deputy returning officers and j^jare ° 
 shall declare the five candidates receiving the greatest number election and 
 of votes elected and shall make a return thereof to the Com- make return. 
 missioner and shall then deliver all voters' lists, certificates of 
 
 the collector of taxes, ballot boxes, ballots and oaths to the 
 collector of taxes. 
 
 3. Every election for trustees in the City of Dawson after Date of 
 the first election thereof shall be held on the second Monday in ^f!''*'"^^ 
 January in each year and shall be conducted in the same manner first, 
 as herein provided for, the first election of such trustees. 
 
 4. The returning officer shall cause to be posted in every instructions 
 polling place a copy of the instructions in the schedule to this ^^^l^ 
 Ordinance. 
 
 5. The returning officer shall cause the notice in form ^°g*j?Qjj°' 
 "A" to be posted not less than three weeks preceding any^®"'""' 
 election subsequent to the first election for school trustees in 
 
 the City of Dawson. No. 1 of 1914, s. 1. 
 
 18. In case any objection is made to the right of any person Oath of voter, 
 to vote at an election of trustees in any public school district, 
 
 the returning officer may require the person whose right to vote 
 is objected to to make the following oath or affirmation: 
 
 "I, do solemnly swear or affirm that I am a bona 
 
 fide ratepayer of (give name of district in full) and a duly 
 70263—47 
 
738 
 
 Chap. 79. 
 
 Schools. 
 
 First election 
 in all other 
 districts. 
 
 Who may 
 vote. 
 
 Subsequent 
 elections. 
 
 qualified voter in said district, and have paid all taxes due by 
 me to the said school district, that I am of the full age of twenty- 
 one years; that I have not before voted at this election; and. 
 that I have not received any reward either directly or indirectly 
 nor have I any hope of receiving any reward for voting at this 
 time and place. So help me God." C.O.Y.T. c. 66, s. 18. 
 
 19. As soon as any other part of the Territory is erected into 
 a school district it shall elect from amongst those persons who 
 would be entitled to vote for an overseer under the Towns 
 Ordinance, three trustees, who shall hold office until the first 
 Wednesday in September next following the date of their election, 
 or until their successors are elected. C.O.Y.T. c. 66, s. 19. 
 
 20. The persons qualified to vote at the election of trustees 
 in any school district other than the Dawson school district 
 shall be those persons in said district who would be entitled to 
 vote for an overseer under the Towns Ordinance if said district 
 was incorporated as a town under said Ordinance. C.O.Y.T. 
 c. 66, s. 20. 
 
 21. The nomination and election of trustees for any school 
 district other than the Dawson school district shall take place 
 on the first Wednesday of September in each year, and the 
 nomination and election of said trustees shall be conducted 
 in the same manner as the nomination and election of an overseer 
 under the Towns Ordinance. If said school district is within 
 the limits of a town said nomination and election shall be held 
 at the same time and place and before the same returning officer 
 as the nonvination and election of the overseer of said town, 
 but if said district is not within the limits of a town, the Com- 
 missioner shall appoint a returning ofiicer for said nomination 
 and election, and fix the polling places, and the provisions 
 of the Towns Ordinance respecting the time for opening and 
 closing of the poll, the mode of voting, vacancies and declaration 
 of office shall, mutatis mutandis, apply to the election of school 
 trustees. C.O.Y.T. c. 66, s. 21. 
 
 Trustee 
 to make 
 declaration. 
 
 DECLARATION OF OFFICE. 
 
 22. Every trustee shall before the first meeting of the 
 board is held make the following declaration before a justice 
 of the peace or commissioner for taking affidavits: 
 
 I, do hereby accept the office of trustee to 
 
 which I have been elected (name of school district in full) and 
 I will to the best of my ability honestly and faithfully discharge 
 the duties devolving on me as such trustee. 
 
 Dated this day of 19 . C.O.Y.T. c. 66, 
 
 s. 22. 
 
 ORGANIZATION OF BOARD. 
 
 First meeting 23. Upon the erection of a district one of the trustees 
 of board. elected shall be notified of the erection of the district by the 
 
Schools. Chap. 79. 739 
 
 Commissioner and he shall thereupon within ten days after 
 the receipt of such notice call a meeting of the board in the 
 manner provided in this Ordinance for calling such meetings 
 for the purpose of choosing one of its number as chairman and 
 appointing a secretary and treasurer or secretary-treasurer 
 and transacting such other business as is necessary. C.O.Y.T. 
 c. 66, s. 23. 
 
 SEPAEATE SCHOOLS. 
 
 24. The minority of the ratepayers of any school district, Separate 
 whether Protestant or Roman Catholic, may petition the ^''^°°^^- 
 Commissioner to establish a separate school district therein, 
 and in such case the ratepayers of such Protestant or Roman 
 Catholic separate school district shall be liable only for assess- 
 ments of such rates as they impose upon themselves in respect 
 thereof. C.O.Y.T. c. 66, s. 24. 
 
 35. The petition for the erection of a separate school district To be erected 
 shall be signed by three resident ratepayers of the religious °^ petition- 
 faith indicated in the name of the proposed district. The 
 petition shall set forth : 
 
 (a). The religious faith of the petitioners; 
 
 (6) The proposed name (stating whether Protestant or Roman 
 Catholic) of the district; 
 
 (c) The proposed limits, definite location and approximate 
 area; 
 
 (d) The total number of ratepayers and of children between 
 the ages of five years and sixteen years inclusive, of the religious 
 faith (Protestant or Roman Catholic) of the petitioners residing 
 within the limits of the proposed district; 
 
 (e) The total assessed value of the real and personal property 
 according to the last revised assessment roll of the district; 
 and such petition shall be accompanied with a solemn declara- 
 tion of one of the petitioners verifying the facts set forth in 
 their petition. C.O.Y.T. c. 66, s. 25. 
 
 26. If the Commissioner is satisfied that said district con- Commis- 
 
 X „ ; _ „ . sioner to issue 
 
 tdiiia . proclamation 
 
 (a) Twelve children of the religious faith (Protestant or on being 
 Roman Catholic) of the petitioners; satisfied ot 
 
 (6) Foxir persons actually residing therein who on the erection particulars, 
 of the district would be liable to assessment; 
 he shall by proclamation order the erection of such parties 
 into a school district. C.O.Y.T. c. 66, s. 26. 
 
 27. The number of trustees, their term of office and the Number of 
 manner of their nomination and election shall be the same tou^tees^same 
 as for the public school district within which said -separate school 
 school district is situated. C.O.Y.T. c. 66, s. 27. districts. 
 
 28. The persons qualified to vote for the election of trustees who may 
 of a separate school district shall be the qualified voters in the ^o^. 
 
 70263-^71 
 
740 
 
 Chap. T9. 
 
 Schools. 
 
 district of the same religious faith (Protestant or Roman 
 Catholic) as the petitioners. C.O.Y.T. c. 66, s. 28. 
 
 OatVot^voter. 29. In case any objection is made to the right of any person 
 to vote at an election of trustees in any separate school district, 
 the returning officer may require the person whose right of voting 
 is objected to to make the following oath or affirmation: 
 
 "I do solemnly swear (or affirm) that I am 
 
 a bona fide ratepayer of (give name of district in full) and 
 a duly qualified voter in said district and have paid all taxes 
 due by me to the said school district; that I am a (give religious 
 denomination, either Protestant or Roman Catholic) and a 
 supporter of said separate school; that I am of the full age of 
 twenty-one years; that I have not before voted at this election; 
 and that I have not received any reward either directly or 
 indirectly nor have I any hope of receiving any reward for voting 
 at this time and place. So help me God." C.O.Y.T. c. 66, 
 s. 29. 
 
 Board to 
 possess same 
 powers as 
 public school 
 district. 
 
 Person 
 
 for public 
 school not 
 liable f or 
 separate 
 school. 
 
 30. After the establishment of a separate school district 
 under the provisions of this Ordinance such separate school 
 district and the board thereof shall possess and exercise all 
 rights, powers, privileges and be subject to the same liabilities 
 and method of government as is herein provided in respect to 
 public school districts; 
 
 2. Any person who is legally assessed for a public school 
 shall not be liable to assessment for any separate school esta- 
 blished therein. C.O.Y.T. c. 66, s. 30. 
 
 ANNUAL SCHOOL MEETING. 
 
 Annual 
 meetings. 
 
 31. An annual meeting of the ratepayers of every school 
 district other than the Dawson school district shall be held 
 in the school house or some other suitable place within the 
 district, not later than the first Tuesday of September in each 
 year, commencing at the hour of eight o'clock in the evening. 
 C.O.Y.T. c. 66, s. 31. 
 
 Notice to 
 be given. 
 
 32. The meeting shall be called by the board which shall 
 at least eight days before the day for which the meeting is 
 called post public notices giving the day, place and hour of the 
 meeting; and such notices shall be posted up in five conspicuous 
 places within the district, one of which shall be the post office 
 and if there be no such post office, a sixth notice shall be posted 
 up in the post office nearest thereto. C.O.Y.T. c. 66, s. 32. 
 
 Officers of 
 
 annual 
 
 meeting, 
 
 33. At the time hereinbefore provided for the commence- 
 ment of the meeting the chairman of the board shall take the 
 chair and call the meeting to order and the secretary of the 
 board or some one appointed by the chairman shall record the 
 minutes of the meeting, and perform such other duties as may 
 be required of him by this Ordinance; 
 
Schools. Chap. 79. 741 
 
 2. In the absence of the chairman the ratepayers present 
 shall forthwith elect one of their number to preside. C.O.Y.T. 
 c. 66, s. 33. 
 
 34. The chairman shall not vote on any question whether Chairman to 
 the same is to be declared by a show of hands or a poll, but casting''vote. 
 in case of a tie, he shall give a casting vote. C.O.Y.T. c. 66, 
 
 s. 34. 
 
 35. The business of the annual meeting may be conducted Order of 
 in the following order: ^""'"^"^• 
 
 1. Reading and approving minutes of the last annual meeting; 
 
 2. Receiving and considering the statements prepared by the 
 teacher, trustees, treasurer, collector and auditor; 
 
 3. Receiving and considering the report of the Superin- 
 tendent of Schools; 
 
 4. Miscellaneous business. C.O.Y.T. c. 66, s. 35. 
 
 36. The chairman upon taking his place shall immediately Secretary to 
 call upon the secretary to read the following statements and ^<^^^ minutes 
 reports, which shall be considered and disposed of by the statements, 
 meeting : 
 
 1. A statement of the teacher signed by him giving the Teachers 
 following particulars: statement. 
 
 (a) The number of days on which school was kept open 
 during each term succeeding the last annual meeting; 
 
 (6) The total number of children attending school durmg 
 that period specifying the number of males and females; 
 
 (c) The number of children of school age residing in the 
 district who did not attend school during the year; 
 
 (d) The average daily attendance for each term and for the 
 year; 
 
 (e) The classification of pupils and the number of pupils 
 in each standard or class; 
 
 (/) The subjects taught in the school and the number of 
 children studying each; 
 
 (g) The number of scholars suspended or expelled for mis- 
 behaviour or other causes; 
 
 (h) The date upon which the public examination of the 
 school was held and the number of visitors present. 
 
 2. A statement prepared by the trustees showing: Trustees' 
 (a) The names of the trustees; statement. 
 (6) The officers of the district appointed by the trustees, 
 
 and their salaries; 
 
 (c) Vacancies created in the board during the year, giving 
 the causes thereof with an account of the elections held to fill 
 such vacancies and the results thereof; 
 
 (d) The engagements entered into during the year by the 
 board as well as an account of those entailed upon them by 
 their predecessors; 
 
 (e) The number of regular and special meetings of the board 
 held during the year together with a statement showing the 
 number of meetings attended by each member; 
 
742 
 
 Chap. 79. 
 
 Schools. 
 
 Treasurer's 
 statement. 
 
 Statement 
 of collector 
 of taxes. 
 
 Auditor's 
 report. 
 Superinten- 
 ent of 
 school's 
 report. 
 Other 
 statements . 
 
 (/) The number of visits made by each member of the board 
 to the school while it was in operation. 
 
 3. The treasurer's statement for the fiscal year ending the 
 30th day of June preceding the annual meeting, in which shall 
 be set forth : 
 
 (a) The amounts of money received by the district from 
 each source of revenue including government grants whether 
 paid directly to the teachers or not; 
 
 (b) The amount of money paid out by the district with parti- 
 culars of payment; 
 
 {c) The amount of money due to the district from all sources 
 with the particulars; 
 
 (d) The amount of money due by the district and the terms 
 and times of payment. 
 
 4. A statement prepared by the collector of taxes and signed 
 by him giving the following particulars: 
 
 (a) The total assessed value of all property as shown by 
 the last revised assessment roll; 
 
 (b) The rate of the school tax; 
 
 (c) The total amount of taxes levied during the year; 
 
 (d) The current taxes collected during the year; 
 
 (e) The arrears of taxes collected ddring the year ; 
 
 (/) The total arrears of taxes which are due together with a 
 statement of the amount owing by each ratepayer. 
 
 5. The Auditor's report. 
 
 6. The Superintendeuj of School's report received since the 
 next preceding annual meeting was held. 
 
 7. Such further statements in relation to the affairs of the 
 district as is deemed advisable. C.O.Y.T. c. 66, s. 36. 
 
 DAWSON SCHOOL DISTRICT. 
 
 Annual 
 meeting of 
 Dawson 
 school 
 
 district. 
 
 BT. An annual meeting of the ratepayers of the Dawson 
 school district shall be held at the same time and place as may 
 be appointed for the nomination of school trustees for said 
 district. C.O.Y.T. c. 66, s. 37. No. 1 of 1914, s. 2. 
 
 Reports may 
 be published 
 instead of 
 being read. 
 
 38. At the annual meeting held in the Dawson school dis- 
 trict the reading of any or all reports mentioned in section 35 
 of this Ordinance may be omitted upon a resolution being 
 passed to that effect by the ratepayers present, but any ratepayer 
 of the district may have access to such reports and statements 
 either during or after the meeting is held; and the board, if it 
 deem it advisable or upon being authorized to do so by reso- 
 lution of the ratepayers at the annual meeting, may have any 
 or all of such reports or statements, or any parts of them 
 except the Superintendent of School's report printed in a news- 
 paper published in the district. C.O.Y.T. c. 66, s. 38. 
 
 Deferred 
 school 
 meetings, 
 how called 
 and powers. 
 
 DEFERRED SCHOOL MEETINGS. 
 
 39. In case from want of proper notice or other cause any 
 first, annual or other school meeting required to be held under this 
 Ordinance, is not held at the proper time, it shall be the duty of 
 
Schools. Chap. 79. 743 
 
 the secretary of the board when required to do so by any two 
 resident ratepayers or by the Commissioner to call a meeting of 
 the ratepayers by posting notices in the manner prescribed 
 by this Ordinance for such meeting; and the meeting thus 
 called shall possess all the powers and perform all the duties of 
 the meeting in the place of which it was called. C.O.Y.T. c. 66, 
 s. 39. 
 
 SPECIAL MEETINGS OF RATEPAYERS. 
 
 40. A special meeting of the ratepayers of any district may Special 
 be held at any time for any necessary purpose not otherwise J^^eting of 
 provided for in this Ordinance. C.O.Y.T. c. 66, s. 40. ratepayers. 
 
 41. It shall be the duty of the secretary of the board to call Secretary to 
 any special meeting when required to do so ; "^'^ meetings. 
 
 (a) by the board; 
 
 (6) by the Commissioner; 
 
 (c) by the Superintendent of Schools. 
 
 2. The notice calling a special meeting shall set forth the Notice to state 
 purpose of the meeting and shall be posted in the manner pro- p"''^^- 
 vided for notices of annual meetings. C.O.Y.T. c. 66, s. 41. 
 
 42. At the meeting so held the ratepayers present shall elect To elect 
 
 a chariman and secretary and no business shall be considered l^^^^^ ^""^ 
 by the meeting other than that mentioned in the notices calling 
 the same. C.O.Y.T. c. 66, s. 42. 
 
 AUDIT. 
 
 43. The books and accounts of every school district shall Books of 
 be audited in each year prior to the annual meeting, by an be^audited 
 official auditor appointed by the Commissioner. C.O.Y.T. each year. 
 c. 66, s. 43. 
 
 BOARD OF TRUSTEES. 
 
 TRUSTEES A BODY CORPORATE. 
 
 44. Tne trustees of eVery district shall be a corporation Trustees to be 
 under the name "The Board of Trustees for the School a corporation. 
 District No. of the Yukon Territory". C.O.Y.T. c. 66, 
 
 s. 44. 
 
 ORGANIZATION OF BOARD. 
 
 45. Within ten days after his election every trustee shall Trustees 
 make the declaration of office provided for in section 22 of ^° ^^^^j^„ 
 this Ordinance. 
 
 46. The board shall meet within ten days after the election Organization 
 of trustees in each year for the purpose of organizing, and trans- of board, 
 acting such other business as is required. C.O.Y.T. c. 66, s. 46. 
 
744 
 
 Chap. 79. 
 
 Schools. 
 
 Spotat*° *''^' ^'^ *^® meeting thus held the board shall appoint a 
 
 chairman chairman and shall also appoint a secretary and a treasurer or a 
 and secretary, secretary-treasurer who shall respectively hold office during the 
 
 pleasure of the board and shall be allowed such remuneration 
 
 as the board fixes. 
 
 2. Any member of the board other than the chairman may 
 be appointed secretary, treasurer or secretary-treasurer. 
 
 3. The teacher of a school district may be appointed 
 secretary but not treasurer, nor secretary-treasurer. C.O.Y.T. 
 66, s. 47. 
 
 BOARD MEETINGS. 
 
 Meetings 
 how called. 
 
 Two days' 
 notice. 
 
 48. A meeting of the board may be called by the chairman 
 or any trustee. C.O.Y.T. c. 66, s. 48. 
 
 49. Every regular or special meeting of the board shall, 
 be called by giving two clear days' notice in writing, which notice 
 may be given by delivering such notice to each trustee or in the 
 absence from his residence of any trustee, to any adult person 
 thereat : 
 
 Provided that the board of any district may at any meeting 
 at which all the members of the board are present decide by 
 resolution to hold regular meetings of the board, and such 
 resolution shall state the day, hour and place of every such 
 meeting and no further or other notice of any such meeting shall 
 be necessary. 
 
 2. The board may by unanimous consent waive notice of 
 meeting and hold a meeting at any time, which consent shall be 
 subscribed to by each member of the board and shall be re- 
 corded in the minutes of the meeting in the following form : 
 
 We the undersigned trustees of 
 hereby waive notice of this meeting. 
 
 C.O.Y.T. c. 66, s. 49. 
 
 Trustees. 
 
 Acts of board 50. No act or proceeding of any board shall be valid or 
 mu^t be binding on any party which is not adopted at a regular or special 
 adopted at meeting at which a quorum of the board is present. 
 meeting. 2. A majority of the board shall be a quorum. C.O.Y.T. 
 
 c. 66, s. 50. 
 
 One trustee 51. If the number of trustees be reduced to one, that one 
 transact shall immediately take the necessary steps to fill the vacancies 
 
 business. in the board but he shall not transact any other business of the 
 district. C.O.Y.T. c. 66, s. 51. 
 
 Seconder 52. All questions shall be submitted to the board on the 
 
 ?°*if'JV'^®'^ motion of the chairman or any other trustee, and no seconder 
 shall be required. C.O.Y.T. c. 66, s. 52. 
 
Schools. Chap. 79. 745 
 
 53. At all meetings of the bqard all questions shall be decided Questions to 
 •by the majority of the votes, and the chairman shall have the b^^^'or^y 
 right to vote, but in case of an equality of votes the question olvotia 
 shall be decided in the negative. 
 
 2. In case of the absence of the chairman from any meeting in absence of 
 of the board the trustees present shall elect one of their number t^^^^" 
 to act as chairman of the meeting. CO. Y.T. c. 66, s. 53. elect one. 
 
 Duties of Trustees and their Officers. 
 
 54. It shall be the duty of the board of every district, and Duties of 
 it shall have power: ^°'■'^^• 
 
 1. To appoint a chairman, a secretary and treasurer or a 
 secretary-treasurer and such other officers and servants as are 
 required by this Ordinance; 
 
 2. To procure a corporate seal for the district; 
 
 3. To see that all the reports and statements required by 
 this Ordinance or by the Superintendent of Schools are trans- 
 mitted to the department without delay; 
 
 4. To keep a record of the proceedings of each meeting of 
 the boatd signed by the chairman and secretary and see that 
 true accounts both of the school and district are kept, • and that 
 the affairs of the district are conducted in the manner provided 
 by this Ordinance and with due regard to efficiency and eco- 
 nomy; 
 
 5. To provide the officers of the board with the books 
 necessary for keeping proper records of the district; 
 
 6. To take possession and to have the custody and safe 
 keeping of all the property of the district; 
 
 7. To purchase or rent school sites or premises, and to build, 
 repair, furnish and keep in order the school house or houses, fur- 
 niture, fences, and all other school property; to keep the well, 
 closets and premises generally in a proper sanitary condition, 
 and to make due provision for properly lighting, heating, ven- 
 tilating and cleaning the school-room or rooms under its control 
 and if deemed advisable to purchase or rent sites or premises 
 for a house for the teacher and to build, repair and keep in order 
 such house; 
 
 9. To provide wholesome drinking water for the use of the 
 children during school hours; 
 
 10. To provide separate buildings for privies for boys and 
 girls. The buildings shall be erected in the rear of the school 
 house at least ten feet apart, their entrances facing in opposite 
 directions or otherwise effectually screened from each other; 
 
 11. To erect and keep in order if deemed advisable suitable 
 stabling accommodations; 
 
 12. To insure and keep insured the school building and 
 equipment; 
 
 13. To provide when deemed expedient a suitable library for 
 the school and to make regulations for its management; 
 
 14. To select and provide from the list authorized by the 
 Commissioner all such reference books for the use of pupils 
 and teachers and all such globes, maps, charts and other 
 
746 
 
 Chap. 79. 
 
 Schools. 
 
 Duties of 
 chairman. 
 
 Duties of 
 secretary. 
 
 apparatus as are required for the proper instruction of pupils; 
 
 15. To require that no text books or apparatus be used in the 
 school under its control other than those authorized by the 
 Council of Public Instruction; 
 
 16. To exempt, in its discretion, from the payment of school 
 taxes wholly or -in part any indigent persons resident within 
 the district, and where necessary to provide for the children of 
 such persons text books and other supplies at the expense of the 
 district; 
 
 17. To engage a teacher or teachers duly qualified under the 
 regulations of the department to teach in the school or schools 
 in its charge on such terms as it deems expedient; the contract 
 therefor shall be in writing and may be in the form prescribed 
 by the Superintendent of Schools and a certified copy of such 
 contract shall forthwith be transmitted to the department; 
 
 18. To suspend or dismiss any teacher for gross misconduct, 
 neglect of duty or for refusal or neglect to obey any lawful order 
 of the board and to forthwith transmit a written statement of 
 the facts to the department; 
 
 19. To see that the school is conducted according to the 
 provisions of this Ordinance and the regulations of the Com- 
 missioner or department; 
 
 20. To provide for the payment of teachers salaries at least 
 once in every three months; 
 
 21. To make regulations for the management of the school 
 subject to the provisions of this Ordinance and to communicate 
 them in writing to the teacher; 
 
 22. To provide in the cases of graded schools when deemed 
 expedient at what times pupils may be admitted to Standard I; 
 
 23. To settle all disputes arising in relation to the school 
 between the parents or children and teacher; 
 
 24. To suspend or expel from school any pupil who upon 
 investigation by the board is found to be guilty of truancy, 
 open opposition to authority, habitual neglect of duty, the use 
 of profane or improper language or other conduct injurious to 
 the moral tone or well-being of the school; 
 
 25. To see that the law with reference to compulsory education 
 and truancy is observed; and 
 
 26. To perform such duties as are required by this Ordinance 
 or the regulations of the Commissioner or department. C.O.Y.T. 
 c. 66, s. 64. 
 
 It shall be the duty of the chairman of the board: 
 
 1. To have the general supervision of the affairs of the district; 
 
 2. To certify all accounts against the district passed by the 
 board before such accounts are paid by the treasurer. C.O.Y.T. 
 c. 66, s. 55. 
 
 56. It shall be the duty of the secretary or secretary- 
 treasurer of the board — 
 
 1. To keep a full and correct record of the proceedings of 
 every meeting of the board in the minute book provided for that 
 purpose and to see that the minutes when confirmed are signed 
 by the chairman; 
 
Schools. Chap. 79. 747 
 
 2. To conduct the correspondence of the board as he is 
 directed by the board; 
 
 3. To have charge of and keep on record all the books, papers, 
 accounts, assessment rolls, plans and maps committed to his 
 charge by the board during his term of office and deliver the 
 same to the chairman on ceasing to hold office; 
 
 4. To faithfully prepare and duly transmit to the department 
 such reports and statements and such other information in 
 regard to the district as is from time to time required by the 
 Superintendent of Schools and in such form as is provided by 
 the Superintendent of Schools; 
 
 5. To call, at the request in writing of the chairman or any 
 trustee, a meeting of the board; , 
 
 6. To produce the minute and other books, assessment rolls 
 and all papers and other records of the board for inspection when 
 required by the Superintendent of Schools so to do; 
 
 7. To prepare the statement of the trustees to be submitted 
 at the annual meeting of the ratepayers; 
 
 8. To give the notice required by this Ordinance of each 
 annual meeting of the ratepayers and to call special meetings of 
 the ratepayers as provided by section 41 of this Ordinance. 
 C.O.Y.T. c. 66, s. 56. 
 
 57. It shall be the duty of the treasurer or secretary-treasurer Duties of 
 
 of the board: treasurer. 
 
 1. To give security to the board before entering upon his 
 duties by a bond signed and acknowledged in duplicate before 
 a (fommissioner, notary public or justice of the peace, and such 
 security shall be given by any two solvent sureties jointly and 
 severally to the satisfaction of the board, or he may furnish 
 in lieu thereof a guarantee bond from any guarantee company 
 authorized to do business in Canada to the amount of any 
 moneys for which the treasurer may at any time be responsible 
 whether arising from the school fund or from any particular 
 contribution or donation paid, into his hands for the support 
 or benefit of the district and such security shall be renewed 
 at the beginning of each year or renewed at other times or changed 
 whenever renewal or change is necessary as required by the 
 board. The members of any board failing to take such bond or 
 security from its treasurer shall be jointly and severally liable 
 for his default to the extent of the sum for which such bond should 
 have been taken: 
 
 Provided that when the majority of the board refuse or neglect 
 to take security from the treasurer on the demand of any trustee 
 such demand shall be duly recorded in the minutes and such 
 trustee shall be relieved from all personal liability in case of the 
 default of such officer; 
 
 2. To receive all school moneys collected from the ratepayers 
 or other persons for the purpose of the district of which he is 
 treasurer and to disburse such moneys in the manner directed 
 by the board; 
 
 3. To pay all accounts against the district only when they 
 are certified by the chairman of the board; 
 
748 
 
 Chap. 79. 
 
 Schools. 
 
 4. To keep in a cash book provided for the purpose a complete 
 and detailed account of all moneys received and disbursed for 
 school purposes including government grants which may have 
 been paid directly to the teacher; 
 
 5. To give and take receipts for all school moneys received 
 and paid out and to keep on file all vouchers of expenditure; 
 
 6. To close and balance the books of the district at the end of 
 the school year; 
 
 7. To produce when called for by the trustees, auditor, 
 Superintendent of Schools, or other competent authority, 
 all books, vouchers, papers and moneys belonging to the district 
 and to hand over the same to the trustees or any person named 
 by them upon his ceasing to hold office; 
 
 8. To prepare at the end of each year and in the manner 
 provided by this Ordinance a statement of the finances of the 
 district to be submitted to the annual meeting of the ratepayers; 
 
 9. To faithfully prepare and duly transmit to the department 
 such reports and statements with reference to the finances of 
 the district as are from time to time required by the Super- 
 intendent of Schools and in such form as is provided by the 
 Superintendent of Schools. C.O.Y.T. c. 66, s. 57. 
 
 HALF-YEARLY AND YEARLY RETURNS. 
 
 Returns. 
 and reports. 
 
 58. The board of every district shall cause to be prepared 
 by the proper officers of the district and transmitted to the 
 department the half-yearly and yearly returns respectijig 
 attendance and classification of pupils and the finances of the 
 district which returns shall be in the form prescribed by the 
 Superintendent of Schools. 
 
 2. In case the board of any district neglects or refuses to 
 have prepared and transmitted to the department such half- 
 yearly and yearly returns within thirty days from the close 
 of the half-year or year, as the case may be, such district shall 
 forfeit the sum of $10 out of any government grant which may 
 have been earned and to which the district is entitled for each 
 week that the returns are delayed, and the trustees through 
 whose neglect or refusal such sums have been forfeited shall 
 be jointly and severally responsible for the amount thus lost 
 to the district, which amount may be recovered by action in the 
 Territorial Court of the Yukon Territory by any person author- 
 ized by the Superintendent of Schools to bring such action. 
 C.O.Y.T. c. 66, s. 58. 
 
 RESIGNATION OF TRUSTEES. 
 
 How trustee 59. Any trustee wishing to resign may do so by sending 
 may resign, 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 oflice may be re-elected with his 
 
 own consent. C.O.Y.T. c. 66, s. 59. 
 
Schools. Chap. 79. 749 
 
 DISQUALIFICATION OF TRUSTEES. 
 
 60. Any trustee who is convicted of any felony or mis- Trustee to 
 demeanour or becomes insane or absents himself from the meet- convicteTof' 
 ings of the board for three consecutive months without being crime or 
 authorized by resolution entered upon its minutes, or ceases to be three montha, 
 an actual resident within the district for which he is trustee shall, etc 
 
 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 created. C.O.Y.T. c. 66, s. 60. 
 
 61. No trustee shall take or possess any pecuniary interest, Trustee not to 
 profit or promise or expected benefit in or from any contract, jJJ^gpggt ,„ 
 agreement or engagement either in his own name or in the contract. 
 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. Anj' 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 forth- 
 with. C.O.Y.T. c. 66, s. 61. 
 
 ELECTIONS TO FILL VACANCIES. 
 
 62. When any vacancy is created in the board of any schflol In case 
 district, it shall be the duty of the remaining trustee or trustees "l^^f^l^g 
 in oflace to forthwith appoint a returning officer and hold an trustee to 
 election to elect the required number of trustees to complete ^°^^ election. 
 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 person to fill 
 the same. C.O.Y.T. c. 66, s. 62. 
 
 63. A trustee elected to fill a vacancy shall hold office only Trustee 
 
 for the unexpired term of the person in whose place he lias ^'|^*:^^y*°^fi" 
 been elected, and he shall within ten days after his election hold seat for 
 take the declaration of office provided for in section 22 of this remainder 
 Ordinance. C.O.Y.T, c. 66, s. 63. °"'"""- 
 
 BOREOWING POWERS OF DISTRICT. 
 
 64. The board of any district may by resolution authorize Board may 
 its chairman and treasurer to borrow from any person, bank ^ojrow until 
 or corporation, such sum of money as is required to meet the received. 
 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 
 
750 
 
 Chap. 79. 
 
 Schools. 
 
 be secured by the promissory note or notes of the chairman 
 and treasurer given on behalf of the board. C.O.Y.T. c. 66, 
 s. 64. 
 
 a^*rovalo£ ^^* "^^^ board of any district may upon receiving the 
 
 commissioner approval of the Commissioner borrow a sum of money not to 
 may borrow exceed $2,000 for the purposes of securing or improving a school 
 purposes!" ^^*^» 0^ purchasing, repairing, erecting, furnishing or adding 
 to any school building or for all or any of the said purposes: 
 
 Provided that any such loan shall be made repayable 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. C.O.Y.T. c. 66, 
 s. 65. 
 
 Assessment 
 Ordinance 
 to apply. 
 
 ASSESSMENT AND TAXATION. 
 
 66. The Assessment Ordinance shall be deemed to form 
 part of this Ordinance and shall apply mutatis 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 amoupt 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 
 such municipality and any amendments thereto shall apply 
 to such portion as if the same formed a part of the municipality. 
 
 4. 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 municipal 
 purposes. C.O.Y.T. c. 66, s. '66. 
 
 In separate 
 school 
 district 
 column to be 
 added by 
 assessor for 
 religion. 
 Joint interests 
 of persons 
 of different 
 religion to 
 be assessed 
 separately. 
 
 WHERE SEPARATE SCHOOL DISTRICT. 
 
 67. After a separate school district is established the assessor 
 shall add a column to the assessment roll, in which he shall 
 place the religion (Protestant or Roman Catholic) of the person 
 assessed. C.O.Y.T. c. 66, s. 67. 
 
 68. In cases where separate school districts have been 
 established whenever property is held by two or more persons 
 as joint tenants or tenants in common, the holders of such 
 property being Protestants and Roman Catholics, they shall 
 
Schools. Chap. 79. 751 
 
 be assessed in proportion to their interest in the property in the 
 district in -which thev respectively are ratepayers. C.O.Y.T. 
 c. 66, s. 68. 
 
 69. A company may by notice in that behalf to be given Company to 
 to the overseer or treasurer of any municipality wherein a acoordhfg 
 separate school district is either wholly or in part situated to religion of 
 and to the secretary of the board of any public school dis- shareholders, 
 trict 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 possession of and any part of the personal 
 property if any of such company liable to assessment to be en- 
 tered, 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 assessement 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 en- 
 tered and assessed in the name of the company as for public 
 school purposes: 
 
 Provided always that the share or portion of the property of 
 any company entered rated or assessed in any municipality 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 the same are paid or 
 partly paid up, held and possessed by persons who are Pro- 
 testants or Roman Catholics 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 treasurer 
 shall remain with and be kept by him on file in his office and shall 
 at all convenient hours be open to inspection and examination 
 by any person entitled to examine or inspect the assessment roll, 
 and the assessor shall in each year before the completion and re- 
 turn of the assessment roll search for and examine all notices 
 which may be on file in the overseer's or treasurer's office 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 fraudulently giving 
 
752 Chap. 79. Schools. 
 
 such notice or making false statements therein shall be liable 
 to a penalty not exceeding $100. Any person giving for a com- 
 pany such a statement fraudulently or wilfully inserting in any 
 such notice a false statement shall be guilty of an offence and 
 liable on summary conviction to a like penalty. C.O.Y.T. 
 c. 66, s. 69. 
 
 EXECUTION AGAINST SCHOOL DISTRICTS. 
 
 Writs of 70. Any writ of execution against the board of any district 
 
 rellTzed" ''""^ ™ay 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 indorsement 
 to the treasurer or leave such copy at the office 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 in- 
 cluding 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 men- 
 tioned in the statement be not paid to the sheriff within 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 when such rate will probably be available; 
 
 3. He shall 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 executions 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; 
 
 6. The treasurer 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 
 
Schools. Chap. T9. 753 
 
 may be proceeded against by attachment, mandamus or other- 
 wise in order to compel him to perfo'rm the duties hereby imposed 
 upon him. C.O.Y.T. c. 66, s. 70. 
 
 Tl. In the foregoing section the word "treasurer" shall Meaning of 
 mean: "Treasurer." 
 
 (a) In the case of a school district situate wholly or partially 
 within a municipality, the overseer or treasurer of said muni- 
 cipality: 
 
 (6) In the case of any other school district, the treasurer of 
 the school district. C.O.Y.T. c. 66, s. 71. 
 
 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 whose ratepaylra 
 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 
 regulations of the department it may charge the parent or 
 lawful guardian of any pupil in attendance at any such depart- 
 ment 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 ratepayer 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 the board. C.O.Y.T. c. 66, s. 72. 
 
 SCHOOL TERMS. 
 
 73. The school year 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. C.O.Y.T. c. 66, s. 73. 
 
 HOURS. 
 
 74. School shall be held between nine o'clock and twelve Hours of 
 o'clock in the forenoon and half past one o'clock and four o'clock attendance, 
 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. CO. 
 Y.T. c. 66, s. 74. 
 70263—48 
 
754 
 
 Chap. 79. 
 
 Schools. 
 
 Vacations. 
 
 VACATION AND HOLIDAY. 
 
 TS. 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 holidays 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 representa- 
 tion being made to him allow the board to give holidays not 
 exceeding two weeks at some other time. C.O.Y.T. c. 66, s. 75. 
 
 Holidays. 76. Ash Wednesday, Good Friday, Easter Monday, 
 
 Arbour Day (second Friday in May) the birthday of the reigning 
 sovereign, Victoria Day, Dominion Day, Discovery Day, Labour 
 Day, Thanksgiving Day, Christmas Day, New Year's Day 
 and any day specially appointed as a holiday by the Governor 
 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. C.O.Y.T. c. 66, s. 76. No. 1 
 of 1914, s. 3. 
 
 LANGUAGES TO BE USED. 
 
 English 
 language to 
 be used but 
 preparatory 
 course may 
 be 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. 
 
 2. The board of any district may, subject to the regulations 
 of the department employ one or more competent persons to 
 give instruction 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. C.O.Y.T. c. 66, s. 77. 
 
Schools. Chap. 79. 755 
 
 RELIGIOUS INSTRUCTION. 
 
 78. No religious instruction except as hereinafter provided Religious 
 shall be permitted in the school of any district from the opening nottoV°" 
 of such school until one-half hour previous to its closing in the given until 
 afternoon after which time any such instruction permitted or "'os^of school. 
 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. C.O.Y.T. c. 66, s. 78. 
 
 70. Any child shall have the privilege of leaving the school Child may 
 at the time at which the religious instruction is commenced as reti^four'"^ 
 provided for in the next preceding section, or of remaining with- instruction, 
 out taking part in any religious instruction that is given if the 
 parents or guardians so desire. C.O.Y.T. c. 66, s. 79. 
 
 80. No teacher or school trustee shall in any way attempt to Teacher not 
 deprive such child of any advantage that it might derive from ohiid'of^^ 
 the ordinary education given in such school, and any such action ordinary 
 on the part of any trustee, or teacher shail be held to be a ^^"'=^*'°"- 
 disqualification for and voidance of the office held by him. 
 C.O.Y.T. c. 66, s. 80. 
 
 KINDERGARTEN CLASSES. 
 
 81. Kindergarten classes may be established in any school ^asfeY^*'^*™ 
 for the teaching and training of children between the ages of four 
 
 and six years according to kindergarten methods and in such 
 school a fee may be charged not exceeding $1 per month for each 
 pupil to cover cost of maintaining such department. C.O.Y.T. 
 c. 66, s. 81. 
 
 NIGHT CLASSES. 
 
 82. The board of any district may engage a qualified teacher Night 
 and make necessary arrangenaents at the expense of the district ^"l^oo'^- 
 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. C.O.Y.T. 
 c. 66, s. 82. 
 
 COMPULSORY EDUCATION. 
 
 83. In every district where there are at least fifteen children Certain 
 between the ages of seven and fourteen inclusive within a radius tept°ope*n ^^ 
 of one mile from the school house, it shall be compulsory for the whole year, 
 board of such district to keep the school open the whole year. 
 C.O.Y.T. c. 66, s. 83. 
 
 84. In every district where there are at least ten children Schorfs with 
 between the ages of seven and fourteen years inclusive it shall be be kept open" 
 compulsory for the board of such district to keep the school in six months, 
 operation at least six months in every year. C.O.Y.T. c. 66, 
 
 s. 84. 
 
 70263—481 
 
756 
 
 Chap. 79. 
 
 Schools. 
 
 Children 85. Every parent, guardian or other person resident in a 
 
 toTchoolTe" school district having charge of any child or children between the 
 weeks.in year, ages of seven and twelve inclusive, 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 con- 
 secutive, and every parent, guardian or other person who does 
 not provide that every such child under his care shall attend 
 school or be otherwise educated shall be subject to the penalties 
 herinafter provided. C.O.Y.T. c. 66, s. 85. 
 
 Penalty tor 
 not sending 
 child to 
 school. 
 
 Excuses for 
 not sending 
 child to 
 school. 
 
 86. It shall be the duty of the board of every district or any 
 person authorized by it after being notified that any parent, 
 guardian or other person having control of any child or children 
 neglects or 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. C.O.Y.T. 
 c. 66, s. 86. 
 
 ST. It shall be the duty of the justice of the peace to ascertain 
 as far as may be the circumstances of any party complained of 
 for not sending his child or children to school or otherwise educat- 
 ing him or them, and he shall accept any of the following as a 
 reasonable excuse: 
 
 (a) That the child is under instruction in some other satis- 
 factory manner; 
 
 (6) That the child has been prevented from attending school 
 by sickness or unavoidable cause; 
 
 (c) That there is no school open which the child can attend 
 within such distance not exceeding one mile measured according 
 to the nearest passable road from the residence of such child; 
 
 (d) 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; 
 
 (e) 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 attend- 
 ance at school or application to study for the period required. 
 C.O.Y.T. c. 66, s. 87. 
 
 TEUANCY. 
 
 Truant officer 88. The board of any district may appoint a truant officer 
 
 ^pointed ^^° shall for the purpose of this Ordinance be vested with police 
 powers and it shall have authority to make regulations for the 
 direction of such officer in the enforcement of the provisions 
 of this Ordinance as it deems expedient, provided such regula- 
 tions are not inconsistent with any of the provisions of this 
 Ordinance and have been approved by the Commissioner. 
 C.O.Y.T. c. 66, s. 88. 
 
 Penalty for 89. If the parent, guardian or other person having the 
 
 9end^chUd*to ^^S^'l charge of any child shall neglect or refuse to cause such 
 
Schools. Chap. 79. 757 
 
 child to attend some school within five days after being notified school after 
 as herein required, unless excused from such attendance as pro- ^^uied 
 vided 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 relating Proviso, 
 to truancy shall not apply to children who may reside nore than 
 one mile from the school house. C.O.Y.T. c. 66, s. 89. 
 
 TEACHER. 
 
 QUALIFICATION. 
 
 90. No person shall be engaged, appointed, employed or Qualification 
 retained as teacher in any school unless he holds a valid certificate °^ ^acher. 
 of qualification issued under the regulations of the Council of 
 
 Public Instruction or of the department. C.O.Y.T. c. 66, s. 90. 
 
 ENGAGEMENT AND DISMISSAL. 
 
 91. A teacher shall not be engaged except under the authority Teacher to be 
 of a resolution of the board passed at a regular or special meeting resolution 
 
 of the board. C.O.Y.'T. c. 66, s. 91. 
 
 92. The contract entered into shall be in the form pre- Contract. 
 scribed by the Superintendent of Schools and such form may be 
 altered or amended as may be mutually agreed upon by the con- 
 tracting parties, provided such alterations or amendments are 
 
 not inconsistent with any of the provisions of this Ordinance or 
 the regulations of the department. C.O.Y.T. c. 66, s. 92. 
 
 93. The contract shall be valid and binding if signed by the Contract to 
 teacher and by the chairman on behalf of the board. C.O.Y.T. telcherand^ 
 
 C. 66., S. 93. chairman. 
 
 94. Any teacher who has been suspended or dismissed by the Teacher 
 board iat.y appeal to the Superintendent of Schools who shall or^dfsmfssed. 
 have power to take evidence and confirm or reverse the decision may appeal, 
 of the board and in the case of reversal he may order the rein- 
 statement of said teacher: 
 
 Provided that in case there is no appeal to the Superintendent Proviso. 
 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. CO. 
 Y.T. c. 66, s. 94. 
 
 PAYMENT OF TEACHERS. ' 
 
 95. Every teacher shall be paid the amount of salary due Salary to be 
 to him at least once in every three months, and it shall be the [hree^moTths 
 duty of the board to make provision for such payment. CO. 
 
 Y.T. c. 66, s. 95. 
 
758 
 
 Chap. 79. 
 
 Schools. 
 
 Salary how 96. The Salary of a teacher who has been engaged in any 
 estimated, district for four months or more continuously shall be estimated 
 by dividing the rate of salary for the year by 210 and multi- 
 plying 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. CO. 
 Y.T. c. 66, s. 96. 
 
 Teacher OT. Every teacher in case of sickness certified by a quali- 
 
 a^ary during ^^^ medical practitioner shall be entitled to his salary during 
 Bicknees. such sickness for a period not to exceed four weeks for the entire 
 
 year, which period may be increased by the board. C.O.Y.T. 
 
 c. 66, s. 97. 
 
 If salary not 
 paid teacher 
 may recover 
 same. 
 
 98. A teacher whose agreement with a board has expired or 
 who is dismissed by them shall be entitled to receive forthwith 
 all moneys due him for his services as teacher 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. C.O.Y.T. c. 66, s. 98. 
 
 DUTIES OF TEACHER. 
 
 Duties of 
 teacher. 
 
 99. It shall be the duty of every teacher: 
 
 (a) To teach diligently and faithfully all the subjects required 
 to be taught by the regulations of the department; 
 
 (6) To maintain proper order and discipline and to conduct 
 and manage the school according to the regulations of the 
 department; 
 
 (c) 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; 
 
 (d) To keep in the prescribed form the school registers and to 
 give access to them to trustees, officers of the board, the Super- 
 intendent of Schools and any other person authorized thereto by 
 the Commissioner; 
 
 (e) 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 Superintendent 
 of Schools at his next visit;- 
 
 (/) To hold during each year a public examination of his 
 school of which he shall give due notice to the board, and througli 
 the pupils to their parents or guardians; 
 
 (g) To send monthly to the parents or guardians of each pupil 
 if required by the board a report of the pupil's attendance, 
 conduct and progress; 
 
 (A) To encourage the observance of Arbour Day by holding 
 suitable exercises, to take an interest in the cleanliness and 
 
Schools. Chap. 79. 759 
 
 tidiness of the school grounds and to secure the co-operation of 
 trustees and parents in planting trees and shrubs about the 
 school ; 
 
 (i) To give strict attention to the proper heating, ventilating 
 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; 
 
 (j) To exercise vigilance over the school property, the build- 
 ings, 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; 
 
 (k) 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; 
 
 (Z) 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; 
 
 (m) 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, whoop- 
 ing 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; 
 
 (n) To suspend from school any pupil for violent opposition 
 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; 
 
 (o) To assist the board and its officers in making the pre- 
 scribed returns to the department; 
 
 (p) To furnish to the Commissioner, the Superintendent of 
 Schools, the board or any person appointed by the Commisssioner 
 any information which it is in his power to give respecting 
 any thing connected with the operation of the school or in 
 anywise affecting its interests or character; 
 
 iq) 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; 
 
 (r) To attend all meetings of the teachers called by the 
 Superintendent of Schools where more than one teacher is 
 employed; 
 
 (s) 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. C.O.Y.T. c. 66, s. 100. 
 
 DUTIES OF PRINCIPAL OF SCHOOLS. 
 
 lOl. In every school in which more teachers than one are Principal, 
 employed the head teacher shall be called the principal and the 
 other teachers the assistants. C.O.Y.T. c. 66, s. 101. 
 
760 
 
 Chap. 79. 
 
 Schools. 
 
 Duties of 
 principal. 
 
 103. The principal shall prescribe with the concurrence of 
 the board the duties of the assistants and shall be responsible for 
 the organization and general discipline of the whole school. 
 C.O.Y.T. c. 66, s. 102. 
 
 Teachers 
 association. 
 
 TEACHERS ASSOCIATION. 
 
 103. Any number of teachers may organize themselves 
 into an association, and subject to the regulations of the de- 
 partment, may hold conventions and institutes for the purpose 
 of receiving instruction in and discussing educational matters. 
 C.O.Y.T. c. 66, s. 103. 
 
 EDUCATION OF NON-BESIDENT CHILDREN. 
 
 Persons 
 
 outside 
 
 district may 
 
 have 
 
 children 
 
 taught in 
 
 school. 
 
 Persons not 
 ratepayers 
 may send 
 children 
 to school. 
 
 Persons 
 outside 
 district may 
 have their 
 property 
 
 104. The parent or lawful guardian of any child residing 
 outside the limits of any district may apply to the board for the 
 admission of such child to its school, and it shall be the duty of 
 the board to admit such child: 
 
 Provided always that the board may demand that the ap- 
 plication for admission of any non-resident child be accompanied 
 by a statement from the Superintendent of Schools to the effect 
 that the accommodation of the school is sufficient for the ad- 
 mission of such child. C.O.Y.T. c. 66, s. 104. 
 
 103. The parent or lawful guardian of any child residing 
 within the limits of any district and who is not a ratepayer 
 thereof may send his children to the school operated within 
 the district. C.O.Y.T. c. 66, s. 105. 
 
 106. Any person not living within a district may apply 
 to the board of any district to have his or her property if not 
 already included in any other district, assessed in such district 
 to secure the advantages of education for his children, and in 
 such case on the report of the Superintendent of Schools 
 that the accommodation of the school room is sufficient 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 assess- 
 ment in such district until a new district is established including 
 the said property; and for the purpose of enforcing payment of 
 taxes and of all remedies therefor the said property shall be deem- 
 ed to be within the school district on whose assessment roll it 
 is placed. C.O.Y.T. c. 66, s. 106. 
 
 PENALTIES AND PROHIBITION. 
 
 Liability 
 of trustees. 
 
 lOT. Any board or any member thereof that wilfully neg- 
 lects or refuses to exercise or to assist in exercising all the cor- 
 porate powers vested in such board by this Ordinance for the 
 fulfilment of any contract or agreement made by it shall be 
 personally responsible for the fulfilment of such contract or 
 agreement. C.O.Y.T. c. 66, s. 107. 
 
Schools. Chap. 79. 761 
 
 108. Should the board of any district wilfully contract ¥^^''i*^g 
 liabilities in the name of the district, greater or other than as °or Sebts.^ 
 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 competent 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 misappro- 
 priated by such trustees. C.O.Y.T. c. 66, s. 108. 
 
 109. If any trustee knowingly signs a false report, or if any Penalty for 
 teacher keeps a false school register, or knowingly makes a false ^^'^^ report, 
 return, he shall be guilty of an offence and liable on summary 
 conviction to a fine not exceeding $20. C.O.Y.T. c. 66, s. 109. 
 
 no. Any trustee, ofiicer or employee of a district who Penalty for 
 after ceasing to hold office retains any money, book, paper or money"^ 
 thing belonging to the district, shall thereby incur a penalty or books. 
 not exceeding $20 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. C.O.Y. 
 T. c. 66, s. 110. 
 
 111. Any returning officer of any district or proposed dis- Penalty on 
 trict acting under the provisions of this Ordinance who shall officerTor 
 knowingly and wilfully prejudice the result of any voting by prejudicing 
 preventing votes from being taken or by taking unlawful votes gfection^ 
 or by altering returns or books in any way, or by any other 
 means, shall be liable to a penalty of not less than $10 and 
 not exceeding $100. C.O.Y.T. c. 66, s. 111. 
 
 113. Any person who wilfully disturbs, interrupts or dis- Penalty for 
 quiets the proceedings of any school meeting authorized to be ^geting"^ 
 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 exercises 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 ex- 
 ceeding $20. C.O.Y.T. c. 66, s. 112. 
 
 113. No school trustee shall be eligible to appointment Trustee not to 
 as teacher within the district of which he is trustee, nor shall ^^ teacher. 
 the teacher of any school hold the office of school trustee. 
 C.O.Y.T. c. 66, s. 113. 
 
 114. AH moneys accruing from fines or penalties under this Fines to 
 Ordinance shall unless otherwise provided belong to the general g|i°"fi*° 
 revenue fund of the Territory. C.O.Y.T. c. 66, s. 114. revenue fund. 
 
762 Chap. 79. Schools. 
 
 SCHEDULE. 
 
 Form "A" 
 
 Public notice is hereby given to the electors of the City of 
 Dawson that a poll has been granted for the election of five 
 School Trustees for the School District of the City of Dawson 
 and that a poll will be open on , the 
 
 day of , 19 , 
 
 from the hour of nine o'clock in the morning till five of the clock 
 in the afternoon at 
 
 And I will at (describe the place) on 
 the , day of , 
 
 afc o'clock in the 
 
 sum up the votes and declare the result of the election. 
 
 Given under my hand at Dawson, this 
 day of , 19 , 
 
 19 
 
 noon 
 
 No. 1 of 1914, s. 1. 
 
 Returning Officer. 
 
 roBM"B" 
 
 Oath of Returning Officer, Deputy Returning Officer and 
 Poll Clerk: 
 
 I, , do swear that I have not 
 
 received any sum of money, office, employment or gratuity, or 
 any bond, bill or note, or any promise of gratuity by myself or 
 another, to my use or advantage, for making any return at this 
 election; that I will return to the (Returning Officer or Com- 
 missioner, as the case may require), a true and faithful account 
 of the votes polled in this election, and that I will faithfully 
 discharge my duty at the ■ election to the best of my knowledge 
 and judgment. So help me God. 
 
 Form "C" 
 
 1 
 
 Election of 
 School Trustees 
 for the City of 
 Dawson. 
 
 John Doe 
 
 X 
 
 Richard Doe 
 
 X 
 
 Geffrey Stiles 
 
 
 John Stiles 
 
 X 
 
 No. 1 of 1914, s. 1. 
 
Schools. Chap. 79. 763 
 
 INSTRUCTIONS. 
 
 The names of the persons nominated shall be printed in the 
 space on the right of the form in alphabetical order and the 
 voter shall mark his ballot for the persons for whom he desires 
 to vote by placing a cross on the right hand side of the ballot, 
 opposite the names of such persons. Any other marks placed 
 on the ballot by any voter will invalidate the same. No. 1 of 
 1914, s. 1. 
 
764 
 
 Chap. 80. Protection of Sheep, Etc. from Dogs. 
 
 CHAP. 80. 
 
 Dog may 
 be killed 
 when in 
 act of 
 worrying 
 cattle, etc. 
 
 On 
 
 complaint 
 that dog has 
 worried 
 cattle, etc., 
 justice of 
 peace may 
 order dog 
 to be killed. 
 
 An Ordinance for the Protection of Sheep and other 
 Animals from Dogs. 
 
 1. Any person may kill any dog in the act of worrying or 
 destroying cattle, horses, sheep, pigs or poultry elsewhere than 
 on the enclosed land occupied by the owner of such dog. No. 
 13, 1904, s. 1. 
 
 3. On complaint made on oath before a justice of the peace 
 that any person owns or has in his possession a dog which has 
 within three months previous, worried, injured or destroyed any 
 cattle, horses, sheep, pigs or poultry outside of the enclosed land 
 occupied by the owner of such dog, such justice of the peace may 
 issue his summons directed to such person stating shortly the 
 matter of such complaint and requiring such person to appear be- 
 fore him at a certain time and place therein stated to answer 
 to such complaint; and upon conviction of having such dog in his 
 possession, the justice of the peace may make an order for the 
 killing of such dog within three days and in default thereof may 
 in his discretion impose a fine upon such person not exceeding 
 $50 with costs. No. 13, 1904, s. 2. 
 
Sheriff and Deputy Sheriff. Chap. 81. 765 
 
 CHAP. 8i. 
 
 An Ordinance respecting the Sheriff and Deputy 
 
 Sheriffs. 
 
 OFFICE HOURS. 
 
 1. It shall be the duty of the sheriff to keep his office open SheriflE's 
 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. C.O.Y. 
 T. c. 19, s. 1. 
 
 BOOKS, RECORDS AND PROCESS. 
 
 2. The sheriff shall keep a separate book in which he shall Fees 
 enter from day to day all fees and emoluments received by him bTrecorded. 
 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. C.O.Y.T. 
 c. 19, s. 2. 
 
 3. The sheriff shall on or before the fifteenth day of January Annual 
 
 1 1 xj. J. • J ^• ± e iT-i statement of 
 
 m each year make up a statement m duplicate from such book fees. 
 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 December next preceding. C.O.Y.T. c. 19, 
 s. 3. 
 
 4. The sheriff shall keep in his ofiice open to the inspection of Books open 
 any person the following books, namely: inspection. 
 
 (a) Process books — in which shall be entered a memorandum 
 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 executioner 
 writ in the nature of a writ of execution, the court out of which 
 the same issued, the names of the parties 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 received or 
 paid away by the sheriff in his official capacity or in connection 
 with his office for any service whatever— for fees, poundage, 
 
766 
 
 Chap. 81. 
 
 Sheriff and Deputy Sheriff. 
 
 Supplying 
 books and 
 
 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 away; 
 and a seal of office. C.O.Y.T. c. 19, s. 4. 
 
 5. The said bools^s and seal may be supplied out of the general 
 revenue fund of the Territory. C.O.Y.T. c. 19, s. 5. 
 
 re°°rds etc ^' ^^^ books, accounts, records, papers, writs, warrants, 
 
 to be property processes, moneys, and other matters and things in the possession 
 
 oj or under the control of the sheriff by virtue of or appertaining to 
 
 overnmen . j^j^ office as sheriff shall be the property of the Government and 
 
 Disposition the Same and every of them shall immediately upon the resig- 
 
 oF^ffice"''^ nation, removal from office or 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 sa,me. C.O.Y.T. c. 19, s. 6. 
 
 Possession of y, No person except the successor in office of the sheriff 
 after vacancy. SO resigning, being removed or dying, or the person so to be 
 appointed by the court as aforesaid shall take, have or hold any 
 such books, accounts, records, papers, writs, warrants, 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 appointed as aforesaid; and upon 
 any such person neglecting or refusing so to do on conviction 
 thereof before a judge of the Territorial Court he shall be liable 
 to pay a penalty not exceeding $100. C.O.Y.T. c. 19, s. 7. 
 
 Refusal to 
 give up 
 possession. 
 
 Ex-Sheriff to 
 have access 
 to books. 
 
 8. The sheriff after resigning office or removal from office, 
 or his heirs, executors or administrators shall or may at any and 
 all time or times thereafter have the right and be at liberty to 
 have access to search and examine into any and all accounts, 
 books, papers, warrants, and processes of whatever 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 possession or control of the succeeding 
 sheriff, free of all costs, charges and expenses. C.O.Y.T. c. 19, 
 s. 8. 
 
 VACANCY IN OFFICE PENDING EXECUTION OF WRIT. 
 
 Sale of lands 9. Iq case of the death, resignation or removal of the sheriff, 
 
 Procedure' OT of any deputy where there is no sheriff, after he has made a 
 
 when vacancy sale of lands but before he has made a transfer of the same to 
 
 occurs. ^YiQ purchaser such transfer shall be made to the purchaser by 
 
 the sheriff' or the deputy sheriff who 13 in ofi^ce acting as sheriff 
 
 as aforesaid at the time when the deed of conveyance is made. 
 
 C.O.Y.T. c. 19, s. 9. 
 
Sheriff and Deputy Sheriff. Chap. 81. 767 
 
 lO. If the sheriff goes out of office during the currency of any Sheriff 
 writ of execution against lands and before the sale, such writ J^^^^^^^^^; ^^ 
 shall be executed and the sale and transfer of the lands be made continue 
 by his successor in office and not by the former sheriff. C.O.Y. process. 
 T. c. 19, s. 10. 
 
 MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF 
 
 SURETIES. 
 
 11. The sureties of the sheriff shall be liable to indemify the Liability of 
 party or parties to any legal proceedings against any omission ^"''^t'^^- 
 or default of the sheriff in not paying over moneys received by 
 him and against any danage sustained by any such party or 
 parties in consequence of the sheriff's wilful or neglectful mis- 
 conduct 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. C.O.Y.T. c. 19, s. 11. 
 
 13. Any person sustaining any damage by reason of any Default of 
 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 ac^'on shall not be barred by reason of any security." 
 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 covenant 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. C.O.Y.T. c. 19, s. 12. 
 
 13. If upon the trial of any action upon any such covenant Limitation of 
 or security it is made to appear that the plaintiff is entitled to fiabiuty. 
 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 which he has so paid or become 
 liable to pay as aforesaid shall render judgment against him for 
 any sum not exceeding the balance of the sum for which he 
 became surety. C.O.Y.T. c. 19, s. 13. 
 
 14. Where any such surety actually and bona fide and of his When surety 
 own proper moneys and effects has paid or become liable by fj.'g^^g^|^j^j^y 
 virtue of a judgment oj 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. C.O.Y.T. c. 19, s. 14. 
 
 15. It shall be competent for the Territorial Court or a Stay of 
 judge thereof upon proof -to the satisfaction of the Court or Pg°i^gt °^^ 
 judge of such payment or liability in a summary manner and at surety. 
 any stage of the cause by stay of proceedings or otherwise to 
 prevent the recovery against any such surety of any further sum 
 
768 
 
 Chap. 81. 
 
 Sheriff and Deputy Sheriff. 
 
 than the amount specified in his covenant or security and for 
 which he became surety. C.O.Y.T. c. 19, s. 15. 
 
 Judgment ^^' ^pon every writ of execution under a judgment re- 
 
 recovered covered on such covenant or security the plaintiff or his solicitor 
 "ev°to*beon ®^^^^ ^^ ^^ indorsement on the writ direct the coroner or other 
 shlriff's ^ "^ officer charged with the execution of such writ to levy the amount 
 goods first, 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 defendants in 
 such writ and so in like manner with any writ against lands 
 and tenements upon a judgment on any such covenant or 
 security. C.O.Y.T. c. 19, s. 16. 
 
 Sheriff liable XT'. Notwithstanding a sheriff may have forfeited his office 
 successor ^^^ become liable to be removed therefrom the liability of 
 takes office. ^ himself and his sureties shall remain until a new sheriff has been 
 :---, ... - appointed and sworn into office. C.O.Y.T. c. 19, s. 17. 
 
 OFFICERS NOT TO PURCHASE AT EXECUTION SALES. 
 
 nm"f t^*"" ^^' ^'^ sheriff, deputy sheriff, bailiff or constable shall directly 
 ^cha°e or indirectly purchase any goods or chattels, lands or tenements 
 under by him exposed to sale under execution. C.O.Y.T. c. 19, s. 18. 
 
 execution. 
 
 Liability 'for 
 misconduct 
 in execution 
 of writ. 
 
 MISCONDUCT OF BAILIFF OR CONSTABLE. 
 
 19. If any bailiff or constable entrusted with the execution 
 of any writ, warrant, process, mesne or final, wilfully mis- 
 conducts 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. C.O.Y.T. c. 19, s. 19. 
 
 Restoration 
 of documents 
 etc., to 
 sheriff. 
 
 Enforcement 
 of return. 
 
 Sheriff's 
 officer to 
 deliver 
 
 CUSTODY OF WRITS, PROCESS, ETC. 
 
 20. Every deputy sheriff, bailiff or other sheriff's 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 aforesaid 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. C.O.Y.T. c. 19, s. 20. 
 
 21. If any deputy sheriff, bailiff or sheriff's officer shall have 
 in his possession, custody or control any writ of summons, fieri 
 
Sheriff and Deputy Sheriff. Chap. 81. 769 
 
 facias or other writ or any bench warrant or process whatsoever process to 
 and shall upon demand made by the sheriff from whom the same required 
 has been received or his successor in office or by any other party 
 entitled to the possession 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 production 
 thereof; which order may be enforced in the same manner as 
 like orders for the return of writs against sheriffs and with or 
 without costs or be discharged with costs against the party 
 applying in the discretion of the judge aforesaid. C.O.Y.T. 
 c. 19, s. 21. 
 
 VACANCY IN OFFICE OF SHERIFF, DEPUTY TO ACT. 
 
 22. If a sheriff dies, resigns his office and his resignation Provision in 
 is accepted or he is removed therefrom the deputy sheriff by him resftrnation m-' 
 appointed shall nevertheless continue the office of sheriff and removal of 
 execute the same and all things belonging thereto in the name of sheriff. 
 
 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. C.O.Y.T. c. 19, s. 22. 
 
 SECURITIES AND OATHS OF OFFICE. 
 
 23. Every sheriff before entering upon the duties of his Copy of 
 office and if after entering upon his duties a new security is gied"*^ '° ^ 
 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, of the security required by and given under 
 any Law, or of such substituted security. C.O.Y.T. c. 19, 
 s. 23. 
 
 24. Such security shall be available to and may be sued Security may 
 upon by any person suffering damages by the default, breach ^® ^"^^ "P""- 
 of duty or misconduct of such sheriff. C.O.Y.T. c. 19, s. 24. 
 
 25. A copy of such security purporting to be such, certified Certified 
 by the Territorial Secretary, shall be received in all courts as °°^^°^ 
 prima facia evidence of the due execution and contents thereof Evidence, 
 without further proof. C.O.Y.T. c. 19, s. 25. 
 
 70263—49 
 
770 Chap. 81 Sheriff and Deputy Sheriff. 
 
 % 
 
 Office °' ^®* ?^very deputy sheriff appointed under the provisions of 
 
 any Ordinance of the Territory in that behalf shall upon appoint- 
 ment 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 Territorial 
 Secretary immediately after being taken. C.O.Y.T. c. 19, s. 26. 
 
 DEPUTY SHERIFFS. 
 
 Deputy ay. The sheriff of the Yukon Territory may appoint one or 
 
 appointed° ^^ Several deputy sheriffs and in the event of his being absent from 
 Dawson or becoming incapacitated 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 deputy sheriffs shall have and perform the 
 powers, duties and obligations hereinafter mentioned. CO. 
 Y.T. c. 19, s. 27. 
 
 Powers and ^g. AH the powers, duties and obligations which may be 
 depiTty" exercised or performed by the sheriff may be exercised and 
 
 performed by any such deputy sheriff respectively 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 such books as 
 are kept by the sheriff. C.O.Y.T. c. 19, s. 28. 
 
 Deputy to 29. Each deputy sheriff before entering on his duties shall 
 
 security. S^^e 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 pay- 
 Security may ™^^t ^'^^^ ^'^ ^^^ persons entitled thereto of all moneys received 
 be proceeded by him by virtue of his said office and any person sustaining 
 upon. 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. C.O.Y.T. c. 19, 
 s, 29. 
 
 Sheriff not SO. The sheriff shall not after the giving of such security by 
 
 for de^ut'^ 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. C.O.Y.T. c. 19, s. 30. 
 
 Sheriff or 31. No. sheriff or deputy sheriff while holding office shall 
 
 ^o7rssoiicita^ practise as a solicitor of the Territory or be a member of any 
 
 firm of solicitors practising in the Territory. C.O.Y.T. c. 19, 
 
 s. 31. 
 
Sheriff and Deputy Sheriff. Chap. 81. 771 
 
 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 God, 
 Sworn before me at 
 
 in the Yukon Territory, 
 
 this day of 19 
 
 70263—491 
 
772 
 
 Chap. 82. 
 
 Slander. 
 
 CHAP. 82. 
 An Ordinance to amend the Law relating to Slander. 
 
 Slander of 
 females. 
 
 Special 
 damage. 
 
 Not 
 
 necessary 
 to prove 
 special 
 damage in 
 action of 
 slander. 
 
 1. In any action of slander founded on words spoken of the 
 plaintiff imputing unchastity, adultery or profligacy to a female, 
 whether married or unmarried, it shall not be necessary to allege 
 or prove any special damage but such words shall be actionable 
 per se. C.O.Y.T. c. 28, s. 1. 
 
 2. In any action of slander founded on false and malicious 
 defamatory words, reflecting upon the character, reputation, 
 honesty or actions of any person, or on false or malicious state- 
 ments which might tend to bring into ridicule 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. C.O.Y.T. c. 28, s. 2. 
 
Slaughter Houses. Chap. 83. 773 
 
 CHAP. 83. 
 
 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." C.O.Y.T. c. 55, s. 1. 
 
 INTERPRETATION. 
 
 2. Where the following words occur in this Ordinance, interpretation. 
 they shall be construed in the manner hereinafter mentioned, 
 
 unless a contrary intention appears: — 
 
 "Animals" means cattle, sheep, hogs and all other domes- "Animals." 
 tic animals generally killed for food. 
 
 "Slaughter House" means any building or place used for ho'us?"**"^ 
 the slaughtering, butchering and dressing of animals. 
 
 "Person" means any person, partnership, company or cor- "Person." 
 poration. C.O.Y.T. c. 55, s. 2. 
 
 LICENSES. 
 
 3. No person shall carry on in the Yukon Territory any N° person 
 slaughter house, without first having obtained a license for slaughter*" 
 that purpose, which license shall be issued by such person or house without 
 persons as the Commissioner in Council may authorize, and in ^''™^^- 
 every case the license shall expire on the thirty-first day of License to 
 December next following the date thereof, which said license may December 31. 
 be assigned with the- consent of the person issuing the same, and 
 
 no such slaughter house shall be permitted 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 inspector of 
 slaughter houses has inspected the premises and made a report 
 in writing thereon to the Commissioner and said report shall 
 contain, 
 
 (a) A description of the premises; 
 
 (b) A statement of the distance said premises are from any 
 building occupied as a dwelling; 
 
 (c) A statement that the premises are so constructed as to 
 comply with the provisions of this Ordinance and so as not 
 to endanger the health of the inhabitants of the Territory; and 
 
 (d) Such other remarks as may be required by the Commis- 
 sioner. C.O.Y.T. c. 55, s. 3. 
 
 4. The license shall be for one year, and the sum of fifty License fee. 
 dollars shall be paid therefor by the applicant. C.O.Y.T. c. 55, 
 
 s. 4. 
 
774 
 
 Chap. 83. 
 
 Slaughter Houses. 
 
 Animals to be 
 killed at a 
 licensed 
 slaughter 
 house. 
 
 Slaughter 
 houses to^b 
 under 
 control of 
 Commis- 
 sioner in 
 Council. 
 
 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. C.O.Y.T. c. 55, s. 5. 
 
 6. All slaughter houses in the Yukon Territory shall be 
 under the control of the Commissioner 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. C.O.Y.T. 
 c. 55, s. 6. 
 
 INSPECTORS. 
 
 Commis- 
 sioner in 
 Council 
 may appoint 
 inspector. 
 
 Duties. 
 
 T. The Commissioner is hereby authorized to appoint a 
 special inspector of slaughter houses, whose duties shall be 
 as follows, to wit: — 
 
 (a) To inspect all slaughter houses as he may be directed 
 from time to time by the resolutions of the Commissioner in 
 Council. 
 
 (6) To inspect all animals delivered at said slaughter houses 
 for the purpose of being killed for food. 
 
 (c) To inspect all animals brought into the Yukon Territory 
 for the purpose of being killed for food and also all meat offered 
 to the public for sale for food. 
 
 (d) To condemn and destroy all diseased animals and tainted 
 meat and food within the territory aforesaid. C.O.Y.T. c. 55, 
 s. 7. 
 
 No person 
 to sell meat 
 unless killed 
 in slaughter 
 house. 
 
 Offal to be 
 burnt. 
 
 Slaughter 
 houses to be 
 kept clean . 
 
 Meat to'be 
 killed 10! 
 hours before 
 sale. 
 
 Inspector to 
 mark meat. 
 
 8. It shall be unlawful for any person within the limits afore- 
 said to offer for sale, or to have in his possession any animal meat 
 which has not been slaughtered at a licensed slaughter house. 
 C.O.Y.T. c. 55, s. 8. 
 
 9. All debris and offal accumulated at any slaughter house 
 shall be destroyed by fire and in no other manner. C.O.Y.T. 
 c. 55, 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 the said 
 Commissioner shall have the right at any time to terminate and 
 cancel their license. C.O.Y.T. c. 55, s. 10. 
 
 11. No person shall be permitted to offer for sale any meat 
 for public use until after the same shall have been killed for at 
 least a period of ten hours. C.O.Y.T. c. 55, s. 11. 
 
 13. The inspector aforesaid shall mark in a manner or 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 inspector. C.O.Y.T. 
 c. 55, s. 12. 
 
Slaughter Houses. Chap. 83. 775 
 
 FEES. 
 
 13. No slaughter house shall charge or receive a compens- ^e'^^- 
 ation greater than the amount following, to wit: — 
 
 (a) For killing and dressing beef per head, eight dollars ($8). 
 
 (b) For killing sheep and calves per head, one dollar and a 
 quarter ($1.25). 
 
 (c) For killing and dressing hogs per head, two dollars ($2). 
 C.O.Y.T.c.55,s.l3. 
 
 14. The Commissioner may appoint one or more inspectors Commis- 
 of slaughter houses and fix their salaries and prescribe such other Bk°ia?ies°and 
 duties as they are to perform in addition to the duties required prescribe 
 of them by this Ordinance. C.O.Y.T. c. 55, s. 14. ' 'l"*'^^- 
 
 15. This Ordinance does not affect or apply to game killed Not to apply 
 by hunters or other persons in the Yukon Territory. C.O.Y.T. ''""*^'^^- 
 c. 55, s. 15. 
 
 PENALTIES. 
 
 IG. Any person who violates, any of the provisions of this Penalties. 
 Ordinance, or any of the regulations thereunder, shall be liable 
 for every such offence to a penalty not exceeding one hundred 
 dollars and costs. C.O.Y.T. c. 55, s. 16. 
 
 IT. Any person who obstructs the inspector in the perform- Obstructing 
 ance of his duties hereunder shall be subject to the same penalty '°®p^<'*°''- 
 as provided in the next preceding section. C.O.Y.T. c. 55, s. 17. 
 
 18. The inspector may, if obstructed in the performance of Inspector 
 his duties, call to his assistance any constable or other person Sg2tan*ce'of 
 he thinks fit, and it shall be the duty of any such constable or constables, 
 other person to render assistance to said inspector in the carrying ^^''^ 
 out of the provisions of this Ordinance. C.O.Y.T. c. 55, s. 18. 
 
 lO. The inspector and slaughter houses shall have a right Liens. 
 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 shalj 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. 
 
 20. Until a special inspector is appointed the Medical Medical 
 Health Officer shall inspect the meat offered for sale within the officer to 
 limits aforesaid. C.O.Y.T. c. 55, s. 20. inspect. 
 
 . 31. If, in the opinion of the Commissioner in Council Number 
 it is desirable for the sake of the public health or in the iiouf^/^^y 
 interests of the public, to limit the number of slaughter houses be limited. 
 
776 
 
 Chap. 83. 
 
 Slaughter Houses. 
 
 Tariff to be 
 fixed. 
 
 Penalty 
 for 
 
 slaughtering 
 at any 
 other place. 
 
 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 estab- 
 lish, and may designate such slaughter house. If in any 
 district the Commissioner 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 
 ^eems 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. C.O.Y.T. 
 c. 55, s. 21. 
 
 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. C.O.Y.T. c. 55, s. 22. 
 
 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 conviction to a fine not exceeding one 
 hundred dollars and costs, and in default of payment forthwith 
 tb imprisonment for a period not exceeding two months. CO. 
 Y.T. c. 55, s. 23. 
 
Benevolent and other Societies. Chap. 84. 777 
 
 CHAP. 84. 
 
 An Ordinance respecting Benevolent and other 
 Societies. 
 
 1. Any five or more persons of full age may become incor- Power to 
 porated under this Ordinance for any benevolent or provident gooSties for 
 purpose or for any other purpose not illegal save and except for certain 
 the purpose of trade or business or any purpose provided for by P"''Poses. 
 any of the Ordinances mentioned in the schedule hereto. CO. 
 Y.T. c. 61, s. 1. 
 
 S. The proceedings to obtain incorporation shall be as fol- i^o^e of 
 lows- ^ ° -^ incorporation. 
 
 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 the judge of 
 the Territorial Court of the Yukon Territory and if the same 
 appears to him to be in conformity with this Ordinance 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 become 
 and they, their associates and successors, shall thenceforth 
 be a body corporate and politic and shall have the powers, rights 
 and immunities vested by law in such bodies. C.O.Y.T. c. 61, 
 s. 2. 
 
 3. A society so incorporated may from time to time have Societies may 
 or establish and maintain any number of branches thereof to branches. 
 promote the objects of the society. C.O.Y.T. c. 61, s. 3. 
 
 4. The society may from to time appoint trustees, a treasurer. Officers. 
 a secretary and other officers for conducting its affairs and for 
 
 the discipline and management of the society; and may from 
 
 time to time make by-laws,. rules and regulations for the govern- By-laws and 
 
 ment 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. C.O.Y.T. c. 61, s. 4. 
 
778 
 
 Chap. 84. Benevolent and other Societies. 
 
 Different 
 Bocieties or 
 branches 
 may unite . 
 
 5. Any two or more societies or branches of a society may 
 unite and form one society or branch for the purpose of erecting 
 buildings for the use of the societies or branches 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 mem- 
 bers of each of the said societies or branches proposed to be 
 united. 
 
 Provided that every such resolution is passed at a general meet- 
 ing of each of the societies or branches concerned in such union, to 
 be specially called for that purpose. C.O.Y.T. c. 61, s. 5. 
 
 Liability 
 of persons 
 under age. 
 
 6. A person under the age of twenty-one years elected, or ad- 
 mitted as a member of a society, or appointed to any 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. C.O.Y.T. c. 61, s. 6. 
 
 Benefits to 
 members. 
 
 Exemption^] 
 from claims 
 of creditors. 
 
 Payment in 
 good faith to 
 wrong person. 
 
 T. When under the rules of the society money of the society 
 becomes payable to or for the use or benefit of a member thereof 
 such money shall be free from all claims by the creditors of such 
 member; and when on the death 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 other officer to be entitled to receive the same, 
 or is applied 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 subsequently 
 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. C.O.Y.T. c. 
 61, s. 7. 
 
 Powers of §. No socicty or branch incorporated under this Ordinance 
 
 holding^iands! shall be entitled to acquire or hold as purchasers or 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 the society for the purposes of the 
 society. C.O.Y.T. c. 61, s. 8. 
 
 Powers as to 
 taking and 
 retaining 
 lands by gift, 
 devise or 
 bequest. 
 
 9. 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 person 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, together with 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 
 
Benevolent and other Societies. Chap. 84. 779 
 
 society or branch at any time take by gift, 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 thereof, and within such period- the 
 same shall be absolutely disposed of by the society or branch; 
 and the society or branch shall have power within such period, 
 inthe 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 pro- 
 ceeds 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. C.O.Y.T. c. 61, s. 9. 
 
 10. Any society may in pursuance of a resolution assented morteage" ^^'^ 
 to by a majority of the members present at a general meeting etc., lands, 
 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. C.O.Y.T. c. 61, s. 10. 
 
 11. A copy of the declaration under the second section of ^°^^j°^jjj„ ^^f 
 this Ordinance certified by the clerk of the said Territorial incorporation 
 court or his deputy to be a true copy shall be prima facie evidence ^j^g^^g 
 
 of the facts alleged in the declaration and of the due making, 
 sigiiing and filing of the declaration as mentioned in the certi- 
 ficate; and a copy of the declaration with the certificate of the 
 said clerk or his deputy showing the particulars necessary for 
 creating a corporation under this Ordinance, shall be prima /ode 
 evidence that the society or branch is an incorporated society 
 or branch under this Ordinance. C.O.Y.T. c. 61, s. 11. 
 
 13. No defect of form in the certificate of the judge or in the pefects in 
 proceedings to which the certificate of the judge relates shall °^^' 
 affect the validitj'- of the incorporation. C.O.Y.T. c. 61, s. 12. 
 
 13. To facilitate the proof of a society or branch being an Pontificate of 
 incorporated society or branch under this Ordinance and to Itsaffects aa°' 
 prevent any future question as to the same, the society or branch evidence, 
 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 incorporation under this Ordi- 
 nance unless the certificate on the order or decision of the court 
 granting or authorizing the same is reversed or set aside by some 
 
780 
 
 Chap. 84. 
 
 Benevolent and other Societies. 
 
 Application 
 for certificate. 
 
 Evidence 
 thereon. 
 
 Issue of 
 certificate. 
 
 Costs and 
 practice . 
 
 direct proceeding taken for the purpose; and the proceedings for 
 the purpose of obtaining the certificate may be as follows : 
 
 1. The application for the certificate may be made by the 
 society or branch to a judge of the Territorial Court. 
 
 2. The application shall be supported by satisfactory evidence 
 that the society or branch is a society or branch within the true 
 intent and meaning of this Ordinance: that the proceedings ne- 
 cessary 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 Gazette; and if the 
 judge is not satisfied with the evidence offered of these particu- 
 lars in the first instance he may instead of dismissing the appH- 
 cation give an opportunity or opportunities for producing fur- 
 ther 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 
 further publication 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 is 
 entitled to the certificate, the certificate may be issued 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 effectual, and any person shall thereafter be en- 
 titled to receive a certificate to the same effect sealed and signed 
 as aforesaid; which certificate or counterpart thereof shall be 
 final and conclusive as hereinbefore mentioned. 
 
 4. The judge of the Territorial Court shall have power to 
 regulate the practice and costs in such cases. C.O.Y.T. c. 61, 
 s. 13. 
 
 Society to 
 furnish 
 statement of 
 real property. 
 
 14. It shall be the duty of the corporation when thereunto 
 required by the Commissioner or by the Council to furnish a 
 statement of the real property and of the estates therein held 
 by the society and to give such details thereof as the Commis- 
 sioner or the Council may from time to time require. C.O.Y.T. 
 c. 61, s. 14. - 
 
 Change of 
 name, etc., 
 of society. 
 
 Order to be 
 filed. 
 
 15. When a society incorporated under the provisions of this 
 Ordinance is desirous of changing its name or of changing 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 certifi- 
 cate 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 fade evidence of the 
 change having been made as therein set forth. 
 
Benevolent and other Societies. Chap. 84. 781 
 
 3. No change under the two next preceding subsections shall ^'fjgationa of 
 affect the rights or obligations of the society and all actions or society not 
 proceedings commenced by or against the society prior to the affected, 
 change of name may be proceeded with by or against the society 
 under its former name. C.O.Y.T. c. 61, s. 15. 
 
 16. Any person authorized by the Commissioner may make J"clge"J^y 
 application to a judge of the Territorial Court to set aside and certificate of 
 cancel the certificate of incorporation of a society incorporated incorporation. 
 under this Ordinance, and the judge on being satisfied that said 
 society or a branch thereof is being carried on for any purpose not 
 set out in the certificate of incorporation of said society, m^y set 
 aside and cancel the certificate of incorporation of said society, 
 and thereupon said society shall cease to be an incorporation 
 under this Ordinance, and the affairs of said society may be 
 wound up under the direction of a judge; provided however, 
 that the cancellation of the certificate of incorporation of any 
 such society shall not affect the rights of any person against said 
 society under any obligation incurred prior to such cancellation. 
 No. 3, 1903, s. 1. 
 
 IT. In case the Commissioner adopts or approves of any Forms, 
 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 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. 
 C.O.Y.T. c. 61, 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. 
 
782 
 
 Chap. 85. 
 
 Succession Duties. 
 
 CHAP. 85. 
 
 Short title. 
 
 Interpretationi 
 
 Value. 
 
 Exemptions. 
 
 Property 
 subject to 
 duty. 
 
 Scale of 
 duty. 
 
 An Ordinance to Provide for the Payment ot 
 Succession Duties in Certain Cases. 
 
 1. This Ordinance may be cited as The Succession Duty 
 Ordinance. No. 8, 1906, s. 1. 
 
 2. The word "property" in the following sections includes 
 real and personal property of every description, and every estate 
 or interest therein capable of being devised or bequeathed by 
 will, or of passing on the death of the owner to his heirs or per- 
 sonal representatives. 
 
 2 "Value" means fair market value after payment of the 
 expenses of administration and all just debts and liabilities. 
 No. 8, 1906, s. 2. 
 
 3. This Ordinance shall not apply — 
 
 (a) To any estate the value of- which does not exceed five 
 thousand dollars; nor 
 
 (b) To property passing under a will, intestacy or otherwise, 
 to or for the use of the father, mother, husband, wife, child, 
 grandchild, daughter-in-law or son-in-law of the deceased, where 
 the aggregate value of the property of the deceased does not 
 exceed twenty-five thousand dollars in value. No. 8, 1906, s. 3. 
 
 4. Save as aforesaid, all property situate within the Yukon 
 Territory, passing either by will or intestacy, or any interest 
 therein or income therefrom which shall be voluntarily trans- 
 ferred by deed, grant or gift made in contemplation of the 
 death of the grantor or bargainor, or made or intended to take 
 effect in possession or enjoyment after such death, to any person 
 in trust or otherwise, or by reason whereof any person shall 
 become beneficially entitled in possession or expectancy to any 
 property, or the income thereof, shall be subject to a succes- 
 sion duty to be paid for the use of the Yukon Territory, over 
 and above the probate duties prescribed in that behalf from 
 time to time by law. 
 
 2. The duty payable upon all property liable to duty under 
 this Ordinance shall be computed upon the following scale,that 
 is to say: 
 
 Upon the value up to and including $100,000, a duty of $1 on 
 every $100. 
 
 Where said value exceeds $100,000 but does not exceed 
 $200,000 a duty of $2 on every $100 of the value. 
 
 Where the said value exceeds $200,000 but does not exceed 
 $700,000 a duty of $3 on every $100 of the value. 
 
 Where said value exceeds $700,000 but does not exceed 
 $1,000,000 a duty of $4 on every $100 of the value. 
 
Succession Duties. Chap. 85. 783 
 
 Where said value exceeds $1,000,000 or more, a duty of $5 
 on every $100 of the value. 
 
 3. Provided that property passing under a will, intestacy or jProvisoas 
 otherwise, to or for the use of the father, mother, husband, wife, reiatbns. 
 child, grandchild, daughter-in-law, or son-in-law of the deceased 
 
 shall be charged with duty at one half the several aforesaid 
 rates. 
 
 4. All duties under this Ordinance shall be levied and collected ^"'^^^ ^^ 
 pro rata upon the whole of the estate of the deceased person ™ ' 
 liable to the duty. No. 8, 1906, s. 4. 
 
 5. The Public Administrator shall, as soon as possible Administra- 
 af ter the estate of a deceased person comes under his control ^eeutor to 
 and an executor or administrator applying for letters probate or file 
 letters of administration to the estate of a deceased person, shall, statement. 
 before the issue of letters of probate or administration to him or 
 
 within such time as is limited by the Court issuing such letters 
 probate or letters of administration, make and file with the 
 Treasurer of the Yukon Territory a full, true and correct state- 
 ment under oath, showing (a) a full itemized inventory of all 
 the property of the deceased person and the value thereof; (b) 
 the several persons so far as known to whom the same will pass 
 under the will or intestacy, and the degree of relationship, if 
 any, in which they severally stand to the deceased; and the exe- 
 cutor or administrator shall, before the issue of letters probate or 
 letters of administration, deliver to the said Treasurer a bond 
 in a penal sum equal to ten per centum of the sworn value of the 
 property of deceased liable to succession duty, to be approved 
 by the said Treasurer conditioned for the due payment to His 
 Majesty of any duty to which the property coming to the 
 hands of such executor or administrator which was of the 
 deceased may be found liable, or shall furnish such other 
 security in lieu of such bond as may be required by the Commis- 
 sioner. 
 
 2. This section does not apply to estates in respect to which 
 no succession duty is payable. No. 8, 1906, s. 5. 
 
 6. If the said Treasurer is not satisfied with the value so Where 
 sworn to by an executor or administrator, he shall report in Jo'^t satisfied 
 writing to the Commissioner, who may direct that the Public 
 Administrator make a valuation and appraise the said property. 
 
 No. 8, 1906, s. 6. 
 
 7. The Public Administrator shall forthwith give due and Then Pub. 
 sufficient notice in writing to the executors and administrators ^^^^ *° ^'"^® 
 and to such other persons as the Treasurer directs of the time 
 
 and place at which he will appraise such property; and he shall 
 appraise the same accordiiigly at its fair market value and make 
 a report thereof in writing to the Treasurer, together with such 
 other facts in relation thereto as the Treasurer may by order re- 
 quire. The Public Administration shall be entitled to receive Remunera- 
 the sum of five dollars per diem for services performed under ^°° °f P"^. 
 this Ordinance and his actual and necessary travelling expenses '"' 
 
784 Chap. 85. Succession Duties. 
 
 and the same shall be paid him by the Treasurer. No. 8, 1906, 
 s. 7. 
 
 Treasurer to 8. The Treasurer shall, upon receiving the report of the Public 
 assess value. Administrator, forthwith assess and fix the then cash value of 
 all estates, interests, annuities and life estates, or terms of years 
 growing out of such estate and the duty to which the same is 
 liable, and shall immediately give notice thereof, by registered 
 letter, to such parties as by the rules of the Territorial Court 
 would be entitled to notice in respect of like interests in an 
 analogous proceeding; and the value of every future or contin- 
 gent or limited estate, income or interest shall, for the purpose 
 of this Ordinance, be determined by the schedule hereto, save 
 that the rate of interest to be assessed in computing the present 
 value of all future interests and contingencies shall be six per 
 centum per annum; and the Treasurer shall determine the value 
 of such future or contingent or limited estate, income or interest 
 upon the facts contained in such report, and his decision shall be 
 conclusive as to the matters dealt with therein. No. 8, 1906, s. 8. 
 
 Decision of 9, Any person dissatisfied with the appraisement or assess- 
 fL^l! ° ^ ment may appeal therefrom to a judge of the Territorial Court 
 of the Yukon Territory within thirty days after the making and 
 filing of such assessment, and upon such appeal the judge of said 
 Court shall have jurisdiction to determine all questions of valu- 
 ation and of the liabilities of the appraised estate, or any part 
 thereof, for such duty, and the decision of the judge shall be final, 
 unless the property in respect of which such appeal is taken shall 
 exceed in value the sum of ten thousand dollars when a further 
 appeal shall lie from the decision of the judge to the Court en 
 banc. No. 8, 1906, s. 9. 
 
 Compensation lO. Where a bequest or devise of property, which otherwise 
 by'jucte^'^ would be liable to the payment of duty under this Ordinance, 
 is made to an executor or trustee in lieu of commissions or allow- 
 ance, and said bequest or devise exceeds what would be a rea- 
 sonable compensation for the services of the executor or trustee, 
 such excess shall be liable to said duty, and such compensation 
 shall be fixed by a judge of the Territorial Court. No. 8, 1906, 
 s. 10. 
 
 Duty not to 11. In all cases where there has been a devise, descent or be- 
 run until quest of property liable to succession duty, to take effect in 
 fnto^'""^^^ possession or come into actual enjoyment after the expiration 
 or one or more life estates or a period of years, the duty on such 
 future estate or interest shall not be payable nor interest begin to 
 run thereon until the person or persons liable for the same shall 
 come into actual possession of such estate or interest by the 
 determination of the estates for life or years, and the duty shall 
 be assessed upon the value of the estate or interest at the time the 
 right of possession accrues as aforesaid. No. 8, 1906, s. 11. 
 
Succession Duties. Chap. 85. 785 
 
 12. The Treasurer, in his discretion, upon application made Treasurer 
 by any executor or administrator, or by any person entitled ^^mute 
 to a future estate or interest, may commute the duty which duty in 
 would, or might but for the commutation, become payable in certain cases. 
 respect of such future estate or interest for a certain sum to be 
 presently paid, and for determining that sum shall cause a present 
 
 value to be set upon such duty, in the manner provided for com- 
 puting the value of future interests by section 8 of this Ordinance. 
 No. 8, 1906, s. 12. 
 
 1 3. Where by reason of the number of deaths on which pro- Where 
 perty has passed, or of the complicated nature of the interests '^'^Jj^j^*" 
 of different persons in property which has passed on death, or value. 
 from any other cause, it is difficult to ascertain exactly the amount 
 
 of succession duty payable in respect of any property or any inter- 
 est therein, or so to ascertain the same without undue expense 
 in proportion to the value of the property or interest, the Trea- 
 surer, on the application of any person accountable for any duty 
 thereon, and upon his giving to him all the information in his 
 power respecting the amount of the property and the several in- 
 terests therein, and other circumstances of the case, may, by 
 way of composition for the duty payable in respect of the pro- 
 perty or interest, and the various interests therein,or any of them, 
 assess such sum on the value of the property or interest, as 
 having regard to the circumstances appears proper, and may 
 accept payment . of the sum so assessed in full discharge of all Certificate. 
 claims for duties in respect of such property or interest, and shall 
 give a certificate of discharge accordingly. 
 
 2. Provided that the certificate shall not discharge any person Fraud, 
 from any duty in case of fraud or failure to disclose material 
 facts. No. 8, 1906, s. 13. 
 
 14. The duties imposed by this Ordinance, unless other- Duties . 
 wise herein provided for, shall be due and payable at the death §g^th.^® ^^ 
 of the deceased, or within two years thereafter, and if the same 
 
 are paid within two years no interest shall be charged or col- 
 lected thereon, but if not so paid, interest at the rate of six per 
 centum per annum shall be charged and collected from the 
 expiry of such period of two years, and such duties, together with 
 the interest thereon, shall be and remain a lien upon the property 
 in respect to which they are payable until the same are paid. 
 No. 8, 1906, s. 14. 
 
 15. A judge of the Territorial Court may mak'e an order, Extension of 
 upon the application of any person liable for the payment of said *'™®- 
 duty, extending the time fixed by law for payment thereof, 
 
 and also the date when interest shall be chargeable, where it 
 appears to such judge that payment within the time prescribed 
 by this Ordinance is impossible, owing to some cause over which 
 the person liable has no control. No. 8, 1906, s. 15. 
 
 16. Any administrator, executor or trustee having in charge Duty to be 
 or trust any estate, legacy or property subject to the said duty before ^"^ 
 
 70263 — 50 distribution. 
 
786 
 
 Chap. 85. 
 
 Succession Duties. 
 
 shall deduct the duty therefrom or collect the duty thereon upon 
 the- appraised value thereof from the person entitled to such 
 property, and he shall not deliver any property subject to duty 
 to any person until he has collected the duty thereon. No. 8, 
 1906, s. 16. 
 
 Executors, 
 etc., to have 
 power to 
 sell. 
 
 Executor, 
 etc., to pay 
 over all 
 duties to 
 Treasurer. 
 
 Refund to 
 legatee. 
 
 Judge may 
 make order 
 to appear. 
 
 Costs in 
 discretion of 
 judge. 
 
 Regulations 
 to be laid 
 before 
 council. 
 
 17. Executors, administrators and trustees shall have power 
 to sell so much of the property of the deceased as will enable 
 them to pay said duty in the same manner as they may be en- 
 abled by law so to do for the payment of debts of the testator or 
 intestate. No. 8, 1906, s. 17. 
 
 18. Every sum of money retained by an executor, adminis- 
 trator or trustee, or paid into his hands for the duty on any 
 property, shall be paid by him forthwith into the Treasury of the 
 Territory. No. 8, 1906, s. 18. 
 
 19. Where any debt shall be proven against the estate 
 of a deceased person after the payment of legacies or distribution 
 of property from which the said duty has been deducted or upon 
 which it has been paid, and a refund is made by the legatee, de- 
 visee, heir, or next of kin, a proportion of the duty so paid shall 
 be repaid to him by the executor, administrator or trustee, if the 
 said duty has not been paid to the treasurer, or by the treasurer 
 if it has so been paid. No. 8, 1906, s. 19. 
 
 20. If it appears to a judge that any duty accruing under this 
 Ordinance has not been paid according to law, he shall make an 
 order directing the persons interested in the property liable to the 
 duty to appear before the Court on a certain day, to be therein 
 named, and show cause why said duty should not be paid. The 
 service of such order and the time, manner and proof thereof, a,nd 
 fees therefor, and the hearing and determining thereon, and the 
 enforcement of the judgment of the Court theron, shall be accord- 
 ing to the practice in or upon the enforcement of a judgment of 
 the Territorial Court. No. 8, 1906, s. 20. 
 
 21. The costs of all such proceedings shall be in the discretion 
 of the Court or judge, and shall be upon the Territorial Court 
 scale, unless and until another tariff shall be provided. No. 8, 
 1906, s. 21. 
 
 22. The Commissioner may make regulations for carrying 
 into effect the provisions of this Ordinance, and such regulations 
 shall be laid before the Yukon Council forthwith, if the Council 
 is in session at the date of making such regulations, and if the 
 Council is not in session, such regulations shall be laid before 
 the Council within the first fourteen days of the session next after 
 such regulations are made. No. 8, 1906, s. 22. 
 
Succession Duties. 
 SCHEDULE. 
 
 Chap. 85. 
 
 787 
 
 Expectation. 
 
 Expectation. 
 
 Expectation. 
 
 Expectation. 
 
 Age. 
 
 Years. 
 
 Age. 
 
 Years. 
 
 Age. 
 
 Years. 
 
 Age. 
 
 Years. 
 
 
 
 57.64 
 
 25 
 
 38.44 
 
 50 
 
 20.51 
 
 75 
 
 6.56 
 
 1 
 
 56.64 
 
 26 
 
 37.65 
 
 51 
 
 19.84 
 
 76 
 
 6.17 
 
 2 
 
 55.64 
 
 27 
 
 36.93 
 
 52 
 
 19.17 
 
 77 
 
 5.85 
 
 8 
 
 55.09 
 
 28 
 
 36.18 
 
 53 
 
 18.50 
 
 78 
 
 5.48 
 
 4 
 
 54.83 
 
 29 
 
 35,. 47 
 
 54 
 
 17.81 
 
 79 
 
 5.22 
 
 5 
 
 53.83 
 
 30 
 
 34.75 
 
 55 
 
 17.14 
 
 80 
 
 4.93 
 
 6 
 
 53.08 
 
 31 
 
 34.04 
 
 56 
 
 16.53 
 
 81 
 
 4.61 
 
 7 
 
 52.67 
 
 32 
 
 33.30 
 
 57 
 
 15.90 
 
 82 
 
 4.36 
 
 8 
 
 51.17 
 
 33 
 
 32.59 
 
 58 
 
 15.26 
 
 83 
 
 4.04 
 
 9 
 
 50.80 
 
 34 
 
 31.86 
 
 59 
 
 14.64 
 
 84 
 
 3.84 
 
 10 
 
 49.89 
 
 35 
 
 31.15 
 
 60 
 
 13.99 
 
 85 
 
 3.58 
 
 11 
 
 49.38 
 
 36 
 
 30.41 
 
 61 
 
 13.42 
 
 86 
 
 3.44 
 
 12 
 
 48.38 
 
 37 
 
 29.69 
 
 62 
 
 12.83 
 
 87 
 
 3.26 
 
 13 
 
 47.50 
 
 38 
 
 28.97 
 
 63 
 
 12.26 
 
 88 
 
 3.05 
 
 14 
 
 46.60 
 
 39 
 
 28.27 
 
 64 
 
 11.72 
 
 89 
 
 2.94 
 
 15 
 
 45.90 
 
 40 
 
 27.57 
 
 65 
 
 11.17 
 
 90 
 
 2.68 
 
 16 
 
 45.14 
 
 41 
 
 26.85 
 
 66 
 
 10.65 
 
 91 
 
 2.46 
 
 17 
 
 44.23 
 
 42 
 
 26.14 
 
 67 
 
 10.12 
 
 92 
 
 2.25 
 
 18 
 
 43.39 
 
 43 
 
 25.42 
 
 68 
 
 9.61 
 
 93 
 
 2.34 
 
 19 
 
 42.64 
 
 44 
 
 24.69 
 
 69 
 
 9.13 
 
 94 
 
 2.90 
 
 20 
 
 41.98 
 
 45 
 
 23.98 
 
 70 
 
 8.68 
 
 95 
 
 1.90 
 
 21 
 
 41.23 
 
 46 
 
 23.27 
 
 71 
 
 8.16 
 
 96 
 
 1.06 
 
 22 
 
 40.51 
 
 47 
 
 22.57 
 
 72 
 
 7.65 
 
 97 
 
 1.00 
 
 23 
 
 39.84 
 
 48 
 
 21.89 
 
 73 
 
 7.24 
 
 98 
 
 .50 
 
 24 
 
 39.15 
 
 49 
 
 21.20 
 
 74 
 
 6.83 
 
 
 
 70263— 50i 
 
788 
 
 Chap. 86. 
 
 Tenants in Common. 
 
 CHAP. 86. 
 
 An Ordinance respecting Land held by two or more 
 
 Persons. 
 
 Owners to 
 
 hold as * 1 
 
 tenants in 
 
 common 
 
 unless 
 
 intention 
 
 otherwise. 
 
 1. Whenever by any letters patent, transfer, conveyance, 
 assurance, will or other assignment land or any interest in land 
 is .granted, transferred, conveyed, assigned or devised to two 
 or more persons other than executors or trustees in 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, convey- 
 ance, assurance, will or other assignment that they take as 
 joints tenants. C.O.Y.T. c. 34, s. 1. 
 
Standard Time. Chap. 87. ' 789 
 
 CHAP. 87. 
 
 An Ordinance respecting Standard Time in the 
 Yukon Territory. 
 
 1. The Commissioner shall appoint an official timekeeper, standard 
 whose duty it shall be to calculate the Standard Time of the t™ekeeper. 
 Yukon Territory and to display the same to the public at all 
 times. No. 6, 1909, s. 1. 
 
790 
 
 Chap. 88. 
 
 Towns. 
 
 CHAP. 88. 
 An Ordinance respecting Towns. 
 
 SHOET TITLE. 
 
 Short title. 1. This Ordinance may be cited as The Towns Ordinance. 
 C.O.Y.T. c. 65, s. 1. 
 
 INTERPRETATION. 
 
 Interpretation 
 "Voter." 
 
 "Town. 
 
 2. In this Ordinance — 
 
 1. The expression "voter" means any man, unmarried 
 woman or widow, being a British subject of the full age of 
 twenty-one years, who resides within any town created or 
 existing hereunder and who possesses, holds or occupies any 
 land therein under any title. 
 
 2. The expression "town" means any town organized under 
 the provisions of this Ordinance. C.O.Y.T. c. 65, s. 2. 
 
 Commis- 
 sioner may 
 establish 
 unincorpo- 
 rated town. 
 
 Town to be 
 established 
 unless 
 petitioned 
 against in 
 30 days. 
 
 ESTABLISHMENT OF TOWNS. 
 
 3. Whenever the Commissioner is satisfied by such proof 
 as he requires that any portion of the Yukon Territory (no 
 part of which is within the limits of any incorporated city 
 or town) contains not less than ten dwelling houses he may 
 cause notices to be posted in three conspicuous places within 
 such area (one of which shall be the post office therein) that it 
 is proposed to establish the same as a town after the expiration 
 of thirty days from such posting. C.O.Y.T. c. 65, s. 3. 
 
 4. After the expiration of the said thirty days the Com- 
 missioner, unless a majority of the voters within such area 
 by petition addressed to him object, may by order, establish 
 the said area as a town under the name of the post office therein, 
 and shall define its boundaries, fix a day for the election of an 
 overseer and appoint one of the voters of the said town to act 
 as returning officer at the election of such overseer. C.O.Y.T. 
 c. 65, s. 4. 
 
 Election of 
 overseer. 
 
 OVERSEER. 
 
 5. The first election of overseer and all later elections shall 
 be conducted as follows : 
 
 1. The returning officer shall by public notice posted in the 
 post office and two other conspicuous places in the town at least 
 one week before the election call a meeting of the voters for the 
 election of an overseer to be held on the day fixed therefor; 
 
 2. Election meetings shall be called to commence at the 
 hour of seven of the clock in the evening of the day appointed. 
 
Towns. Chap. 88. 791 
 
 or if such day be a Sunday or a holiday, on the next following 
 day which is not a Sunday or a holiday; 
 
 3. Nominations may be made during the first half hour of the 
 meeting; 
 
 4. Male voters and no other persons shall be eligible for elec- 
 tion as overseer; 
 
 5. When the time for nomination has closed — 
 
 (c.) If only one person has been nominated the returning 
 officer shall declare such person to be elected overseer; 
 
 (6.) If more than one person has been nominated the re- 
 turning officer shall at once proceed to take the vote of the 
 meeting which shall be by open voting; ' 
 
 6. Every person tendering his vote shall before his vote is Person 
 received make and sign before the returning officer a declaration vole must 
 in form A in the schedule hereto; sign 
 
 7. If at any time after nine o'clock of the evening of such deolaration. 
 meeting the returning officer announces that if no vote is tendered ^osed'if no 
 during the five minutes next ensuing after such announcement he vote 
 
 will close the voting and no vote is tendered during such time, ^IJ^^I^'^gve 
 the returning officer shall declare the voting closed. The minutes 
 voting shall in no case continue later than eleven o'clock of such after 9 P.M. 
 evening. 
 
 8. The returning officer shall declare elected the nominee ^'^'^'^'^ 
 having the largest number of votes; largest 
 
 9. If there is an equality of votes the returning officer shall give ^"t^ to be 
 the deciding vote but otherwise shall not vote. C.O.Y.T. c.65, elected. 
 
 S. 5. " Equality 
 
 of votes 
 
 6. Any person wilfully making a false declaration as a voter office""^ 
 shall be liable on summary conviction to a penalty not exceed- casting vote. 
 ing $50, and in default of payment to imprisonment for a period Voter on 
 not exceeding ninety da^s. C.O.Y.T. c. 65, s. 6. decfaration 
 
 liable to 
 
 7. The returning officer shall make a return to the Territorial Refurmng 
 Secretary showing the result of the election and shall send there- Officer to send 
 with the declarations signed by the voters and his own decla- XCTritorial 
 ration in form B in the schedule hereto. C.O.Y.T. c. 65, s. 7. Secretary. 
 
 8. The person elected as overseer shall within five days Overseer 
 after the declaration of his election deliver to the returning gi^^ebond 
 officer a bond executed by himself with two sufficient sureties within five 
 in form C in the schedule hereto with an affidavit of justification ^^y^- 
 endorsed thereon. C.O.Y.T. c. 65, s. 8. 
 
 O. Until such bond is furnished the person elected shall not act 
 as overseer. C.O.Y.T. c. 65, s. 9. 
 
 10. If such bond is not delivered to the returning officer i{ bond not 
 within such time he shall proceed to hold another election as delivered to 
 soon as it is possible consistently with the giving of notice as qffic™ wfthin 
 herein provided. time to hold 
 
 2. At the election so to be held the person making default eSon. 
 in delivering such bond shall not be eligible for such election. 
 
792 
 
 Chap. 88. 
 
 Towns. 
 
 3. The previous election shall become void on the election 
 of another person under this section. 
 
 4. Immediately on receipt of the bond the returning officer 
 shall transmit it to the Territorial Secretary. 
 
 5. If a person is elected overseer in the place of one who 
 has failed to furnish a bond the provisions of this and the two 
 next preceding sections shall be observed and followed as in the 
 first instance. C.O.Y.T. c. 65, s. 10. 
 
 11. The first overseer elected in any town shall enter on his 
 
 Overseer 
 
 duties duties at once after furnishing such bond and shall hold office 
 
 immediately for the remainder of the calendar year in which he was elected 
 bond^""'"^ and until his successor has furnished a bond. 
 
 2. The overseer elected at elections subsequent to the first 
 election shall hold office for the calendar year next ensuing after 
 the day on which the election is required to be held hereunder 
 and until his successor has furnished his bond. 
 
 3. If a vacancy occurs in the office of overseer the Commis- 
 sioner may order another election or appoint on overseer for the 
 unexpired term, and if the Commissioner appoints an overseer 
 the Commissioner may dispense with the necessity of such over- 
 seer furnishing a bond under the provisions of this Ordinance. 
 Notice of such order or appointment may be sent by telegram 
 signed by the Commissioner. C.O.Y.T. c. 65, s. 11. 
 
 Commissioner 
 may remove 
 and appoint. 
 
 12. The Commissioner may, if he sees fit, remove any over- 
 seer from his office and appoint another in his stead, and any x 
 overseer so appointed shall have all the powers of an elected 
 overseer and such other powers in regard to the conduct of the 
 town affairs as the Commissioner deems proper and necessary. 
 C.O.Y.T. c. 65, s. 12. 
 
 Election to 13. The election for overseer shall be held in each town on 
 
 w^ednesday* ^^^ first Wednesday in September in each year and for the pur- 
 
 in September, pose of such election the overseer shall appoint in writing before 
 
 the first day of August in each year a returning officer; and 
 
 should the person so appointed decline or be or become unable to 
 
 act the overseer shall forthwith appoint another in his stead. 
 
 2. The returning officer shall receive a fee of $10. C.O.Y.T. 
 c. 65, s. 13. 
 
 14. Whenever the due election of a person to be overseer 
 or the sufficiency of the bond furnished by him is disputed, any 
 voter may on depositing, within one month after declaration of 
 the election, with the clerk of the Territorial Court the sum of 
 $200 as security for such costs as a judge orders him to pay and 
 on alleging reasonable grounds therefor obtain a rule nisi calling 
 on the person elected to show cause why he should not be re- 
 moved from the said office. 
 
 2. The judge may on the return of such rule dispose of 
 the same summarily or direct that it be set down for trial of the 
 questions raised thereby as an action in court. 
 
 3. Upon such summary disposal or trial the judge may 
 order that the overseer be removed from the office and that 
 
 Any voter 
 may protest 
 election on 
 depositing 
 $200. 
 
Towns. Chap. 88. 793 
 
 another person be admitted thereto or another election held 
 as justice requires, and the judge may make such orders as are 
 necessary for the carrying out of the judgment or order. Costs 
 of the proceedings shall be in the discretion of the j udge. CO. Y. 
 T. c. 65, s. 14. 
 
 MEETINGS OF VOTERS. 
 
 15. An annual business meeting of the voters shall be held Annual 
 
 in the town before the fifteenth day of July in each year, which dieting to 
 meeting shall be called by the overseer by public notice thereof be held. 
 posted in the post office and two other conspicuous places in the 
 town for at least two weeks before such meeting. C.O.Y.T. 
 c. 65, s. 15. 
 
 16. The overseer shall at the annual business meeting submit Overseer 
 
 to the voters a statement of the estimated total expenditure of dieting with 
 the town for the current year which shall include : statement. 
 
 (a.) The amount payable in such year on any debt contracted 
 hereunder; 
 
 (6.) Draining and street improvements; 
 
 (c.) Construction of sidewalks; 
 
 (d.) Fire protection and water supply; 
 
 (e.) Purchase of property for town purposes; 
 
 (/.) Scavenging; 
 
 (g.) Contingencies; 
 
 (L) Remuneration of overseer. C.O.Y.T. c. 65, s. 16. 
 
 IT. At the annual business meeting the order of business Order of 
 shall, as nearly as possible, be as follows: 
 
 1. The election of a chairman and secretary. 
 
 2. The reading and dealing with: 
 
 (a.) The minutes of the last annual meeting; 
 (&.) The overseer's annual return provided for in this Ordi- 
 nance and the auditor's report. 
 
 3. The consideration of the overseer's statement of estimated 
 expenditure and deciding thereon. 
 
 4. The election of an auditor and fixing his remuneration. 
 
 5. Such other general business as may concern the town, but 
 not exceeding the powers given herein. 
 
 6. The imposing of a business tax upon all persons doing busi- 
 ness within the town and the fixing of the amount thereof. C. 
 O.Y.T. c. 65, s. 17. 
 
 18. The voters may at the annual meeting, or at a special Voters at 
 meeting duly called for the purpose, in addition to their other ^™^J^ 
 powers, make regulations further than those herein contained make 
 for the general cleanliness of and prevention of disease in the regulations. 
 town, including the employment and remuneration of a scavenger, 
 and also for the protection of property from fire. C.O.Y.T. 
 c. 65, s. 18. 
 
794 
 
 Chap. 88. 
 
 Towns. 
 
 Overseer to 
 call meeting 
 at request 
 of five 
 ratepayers. 
 
 19. 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. C.O.Y.T. c. 65, s. 19. 
 
 ASSESSMENT AND TAXATION. 
 
 Revenue to lie 20. The necessary revenue of the town shall be raised by 
 n?t to eiceed^ ^^^ levying of a yearly rate upon the property and income 
 20 mills. therein not exceeding twenty mills on the dollar of the assessed 
 value, and by a business tax if the same is provided for at the 
 annual business meeting. The assessment of the property and 
 income shall be made, the rate ascertained and the amount 
 collected together with the business tax, if any, under the pro- 
 visions of the Assessment Ordinance excepting that the assess- 
 ment roll shall be made up and completed between the 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 CO. 
 Y.T. c. 65, s. 20. 
 
 Dogs to be 
 taxed. 
 
 DOG TAX. 
 
 31. Every person who keeps or harbours a dog or bitch 
 shall pay a yearly tax of five dollars for each dog and five 
 dollars for each bitch so kept and harboured; such tax shall 
 be payable on demand of the overseer and may be recovered 
 in such mode as is provided in said Assessment 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 in default of 
 payment to imprisonment for a period not exceeding twenty 
 days. C.O.Y.T. c. 65, s. 21. 
 
 Hawkers and 
 
 pedlars 
 
 licence. 
 
 HAWKERS AND PEDLARS. 
 
 22. No person shall follow the calling of a hawker or pedlar 
 in any town without first having obtained the written 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 pedlar in such town for the twelve 
 months next ensuing the date of such written permission. 
 C.O.Y.T. c. 65, s. 22. 
 
 TOWN EXPENDITURE. 
 
 Overseer to 
 expend funds 
 according to 
 estimates. 
 
 23. The funds of the town may from time to time be expended 
 by the overseer for the purpose and in accordance with the esti- 
 mates as passed at the annual business meeting and subject 
 to such further direction as is made at any special meeting 
 regarding the same. C.O.Y.T. c. 65, s. 23. 
 
Towns. Chap. 88. 795 
 
 24. The overseer may incur any debt not exceeding five Overseer may 
 hundred dollars for town purposes pending the collection of taxes, i^^ijoo^''* "" 
 All debts shall subject to the provisions herein contained be 
 paid before the thirty-first day of December in each year. C. 
 O.Y.T. c. 65, s. 24. 
 
 SUITS BY OR AGAINST TOWN. 
 
 35. Suits by or against the town may be brought by or Overseer to 
 against the overseer as representing the town. C. O.Y.T. c. 65, represent 
 
 town in suit. 
 
 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 ^""^f "f +* 
 
 execution rate levied by the sheriff in the manner provided in the execution"^" 
 
 next following section. C.O.Y.T. c.65, s. 26. rate to be 
 
 levied. 
 
 27. Any writ of execution against the town may be indorsed Proceedings 
 with the direction to the sheriff to levy the amount thereof to realize 
 by rate and the proceedings thereon shall be as follows: ^^ ^' 
 
 1. The sheriff shall deliver a copy of the writ and indorsement 
 to the overseer with a statement in writing of the amount re- 
 quired to satisfy such execution including the amount of interest 
 thereon and sheriff's fees and demand the payment of the same. 
 
 2. If the amount demanded is not paid to the sheriff within 
 thirty says 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 aforesaid with such addi- 
 tion to the same as the sheriff deems sufficient to cover interest, 
 his own fees, the overseer's percentage and any other expenses up 
 ,to the 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 aimexed to the precept, command the 
 overseer to levy such rate at the time and in the manner by law 
 required in respect to the general 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 precept to be levied on each person re- ~ 
 spectively and shall levy the amount of such execution rate afore- 
 said 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. 
 
796 
 
 Overseer to 
 be officer o£ 
 court for 
 purpose of 
 execution. 
 
 Chap. 88. 
 
 Towns. 
 
 6. If the overseer is not paid by percentage fixed at the annual 
 meeting of the town he shall be paid for such collection a sum not 
 exceeding two and one-half per centum. C.O.Y.T. c. 65, s. 27. 
 
 28. The overseer for the purpose of carrying into effect 
 or permitting or assisting the sheriff to carry into effect the 
 provisions of this Ordinance with respect to such execution shall 
 be deemed to be an officer of the Court from which such writ issued 
 and as such may be proceeded against by attachment, man- 
 damus or otherwise, to compel him to perform the duties hereby 
 imposed upon him. C.O.Y.T. c. 65, s. 28. 
 
 Overseer's 
 duties and 
 powers . 
 
 OVERSEER S DUTIES AND POWERS. 
 
 2d, The overseer shall have the following duties and powers: 
 
 1. He shall carry out the orders of the voters as expressed 
 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 given upon matters concerning 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 re- 
 specting nuisances and the prevention of disease and of fire.; 
 
 4. He shall have charge of all town property; 
 
 5. He shall keep a record of all taxes levied and collected 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, Usts and 
 records of the town; 
 
 9. He shall impound or cause to be impounded animals un- 
 lawfully running at large. C.O.Y.T. c. 65, s. 29. 
 
 Overseer to 
 make annual 
 return to 
 Territorial 
 Secretary. 
 
 ANNUAL RETURN OF OVERSEER. 
 
 30. The overseer shall on or before the first day of Nov- 
 ember in each year render to the Territorial Secretary a return 
 in writing showing: 
 
 (a.) Amount of money collected; 
 
 (6.) The amount of money expended and for what purpose 
 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 hereunder 
 in the town stating the penalty imposed and the name of the 
 convicting justice; 
 
Towns. Chap. 88. 797 
 
 (e.) A list of the taxes unpaid giving the names of the persons 
 in default. 
 
 2. The overseer shall submit a copy of such return to the vo- 
 ters at the annual business meeting. C.O.Y.T. c. 65, s. 30. 
 
 ANIMALS RUNNING AT LABGE. 
 
 31. The voters may at any meeting resolve that animals Regulations 
 may not be permitted to run at large in the town or any part ^j^als"* 
 thereof in or during any period of the year. running 
 
 2. When the voters so resolve no horse, mule, jack, cattle, ^* '^''se- 
 sheep, swine, goat, goose, or other poultry shall be permitted 
 
 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 im- 
 pounding of estray animals of the description aforesaid. 
 
 3. In so far as they are not inconsistent herewith the pro- 
 visions 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. 
 
 4. When any such resolution is passed the overseer shall 
 forthwith notify the Territorial Secretary. C.O.Y.T. c. 65, s. 31. 
 
 PREVENTION OF DISEASE. 
 
 33. For the prevention of disease the following regulations Regulations 
 shall be observed in every town. prevention 
 
 1. Privy pits shall be emptied and properly disinfected at of disease, 
 least once each week between the 1st day of May and the 1st 
 
 day of November in each year. 
 
 2. No privy pit shalU 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 manure, filth, 
 rubbish or decaying animal or vegetable matter. 
 
 6. Stable-yards shall be cleaned during the first week of every 
 month from the first day of May until the first day of Nov- 
 eiriber in each year. 
 
 7. 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 Nov- 
 ember 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. 
 
 10. Any person guilty of a violation of any of the provisions 
 of this section shall be liable to a penalty not exceeding fifty 
 dollars and in default of payment to imprisonment for a period 
 not exceeding ninety days. C.O.Y.T. c. 65, s. 32. 
 
798 
 
 Chap. 88. 
 
 Towns. 
 
 PREVENTION OF FIEE. 
 
 (or tbe"°"^ 33. For the prevention of fire the following regulations shall 
 
 prevention be observed in each town: 
 
 of fifes. 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; 
 
 2. No person shall keep on any premises a greater quantity 
 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 building, 
 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. C.O.Y.T. c. 65, s. 33. 
 
 Space 3^_ There shall be a space of at least nine inches between 
 
 pipes, floor any stovepipe and partition or floor through which it passes 
 
 and partition, 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 stove 
 in use and the partition or wall nearest thereto. 
 
 3. 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. 
 
 4. Any person guilty of a violation of any of the provisions 
 of this section shall be liable to a penalty not exceeding fifty 
 dollars and in default of payment to imprisonment for a period 
 not exceeding ninety days. C.O.Y.T. c. 65, s. 34. 
 
 REMUNERATION OF OVERSEER. 
 
 Remunera- 
 tion of 
 overseer. 
 
 35. The remuneration of the overseer shall be fixed at the 
 annual business meeting but shall not be less than one 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 retain such remuneration at the 
 expiration of his term of office out of the moneys then in his 
 hand. C.O.Y.T. c. 65, s. 35. 
 
 Audit of 
 
 overseer's 
 
 books. 
 
 AUDIT AND DELIVERY OF BOOKS, ETC. 
 
 36. At the expiration of the term of office of any overseer 
 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 suc- 
 cessor in office of such overseer; the auditor shall make a full 
 report thereon at the next meeting of the voters. C.O.Y.T. 
 c. 65, s. 36. 
 
Towns. Chap. 88. 799 
 
 OFFENCES AND PENALTIES. 
 
 3T. No person shall discharge any fire arms within the limits g^'l^^^^l'' °' 
 of any unincorporated town under a penalty of not more than 
 twenty and not less than five dollars. No. 3, 1905, s. 1. 
 
 38. Any overseer who neglects or refuses to render a true Offences and 
 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 hundred 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 period not exceeding three 
 months. 
 
 3. Any person who violates any provision of this Ordinance 
 for which violation no penalty is in this Ordinance provided or 
 who violates the provisions of any judgment, order or regulation 
 given or made under the provisions of this Ordinance shall be 
 liable to a penalty not exceeding 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. C.O.Y.T. c. 65, s. 37. 
 
 TITLE TO REAL ESTATE. 
 
 30. The title of any real property owned or purchased or Real estate 
 in any way acquired by any town shall be vested in the Com- j^'^g';^ *°^" 
 missioner who shall hold the same for the purposes of the town, commis- 
 
 C.O.Y.T. C. 65, S. 38. sioner's name. 
 
 ALTERATION OF BOUNDARIES. 
 
 40. The Commissioner may alter the boundaries of any town Commis- 
 and may add to or take from the area of such town. CO. aiter™*^ 
 
 y.T. C. 65, S. 39. boundaries 
 
 of town. 
 
 NOTICE OF MEETING. 
 
 41. Any notice required under this Ordinance for calling Notices-may 
 any meeting may be published in any newspaper pubUshed in fn^n^lJ^S^spaplra. 
 such town instead of being posted, as in this Ordinance herein- 
 before provided. C.O.Y.T. c. 65, s. 40. 
 
 42. Any affidavit or declaration required under any pro- who may 
 vision of this Ordinance may be sworn or made before a notary ^|^^|^^^g 
 public, commissioner for taking affidavits or a justice of the peace, ^ 
 
 any one of whom may administer any oath or take any decla- 
 ration required by any such provision. C.O.Y.T. c. 65, s. 41. 
 
800 Chap. 88. Towns. 
 
 SCHEDULE. 
 
 FoBM A — Sec. 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 fe- 
 male) ; 
 
 3. I am an unmarried woman or widow (as the case may be). 
 
 Declared at in the ] 
 
 Yukon Territory this ( 
 
 day of A.D. I (Voter sign here.) 
 
 19 before me. 
 
 Returning officer. 
 
 Form b. — Sec. 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. 19 when 
 
 of in the Yukon Territory 
 
 was duly elected overseer for the said town. 
 
 Declared at in the 
 
 Yukon Territory this 
 day of A.D. 
 
 19 before me. 
 
 (Returning officer 
 signs here.) 
 
 A Commissioner for taking affidavits. 
 
 Form c. — Sec. 8. 
 
 Know all men by these presents that we 
 of in 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 Commissioner 
 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 
 paid to the said Commissioner, for which payments well and 
 truly to be made we severally bind ourselves and our respective 
 heirs, executors and administrators. 
 
Towns. Chap. 88. 801 
 
 Sealed with our seal and dated the day 
 
 of A.D. 19 
 
 Whereas under the provisions of the Towns Ordinance the 
 said was on the 
 
 day of A.D. 19 duly elected to the office 
 
 of overseer in the town of 
 
 Now the condition of the above obligation is sucK that if 
 the said shall at all times until 
 
 his successor in such office is duly appointed according to law 
 keep, fulfil, observe and comply with all and every provision of 
 the said Ordinance to which the said 
 
 as such overseer 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 bis hands as such overseer, and if the said 
 
 in all respects faithfully per- 
 forms his duty as such overseer in said town then this obligation 
 shall be void, but otherwise shall remain in full force and virtue. 
 
 Signed, sealed ] L.S. 
 
 and delivered [ L.S. 
 
 in presence of J L.S. 
 
 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. I, 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. 
 
 2. And I, 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 all my just debts and over and above all sums for 
 which I am liable as surety and the exemptions allowed by law. 
 
 The above named 
 
 and severally made 
 
 the foregoing declaration at 
 
 in the Yukon Territory 
 this day of A.D. 
 
 19 . 
 Before me 
 
 Sureties sign here. 
 
 A commissioner for taking affidavits. C.O.Y.T. c. 65, s. 39. 
 
 70263—51 
 
802 
 
 Chap. 89. Removal of Trespassers From Public Property. 
 
 CHAP. 89. 
 
 Sheriff or 
 police officer 
 to eject 
 persons from 
 public 
 property at 
 request of 
 Commis- 
 sioner. 
 
 Other persona 
 to assist 
 Sheriff. 
 
 No action 
 against 
 Sheriff 
 or officer. 
 
 An Ordinance respecting the Removal of Trespassers 
 from Public Property. 
 
 1. The Sheriff of the Yukon Territory, and all members of 
 the Royal Northwest Mounted Polios 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 pubhc 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 Com- 
 missioner 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 writing, 
 
 • 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 persons as the Commis- 
 sioner directs. C.O.Y.T. c. 12, s. 1. 
 
 3. Every person shall, when required by the Sheriff, or 
 by the 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. C.O.Y.T. c. 12, s. 2. 
 
 3. No action shall be brought against any Sheriff, member 
 of said force or against any person for any act done in performing 
 or assisting to perform the requirements of such writing. CO. 
 Y.T. c. 12, s. 3. 
 
Schedule. 
 
 803 
 
 SCHEDULE I. 
 
 Showing the portions of the Consolidated Ordinances of the Yukon Territory^ 
 1902, and of the Ordinances of the Yukon Territory which have been-^ 
 repealed prior to the Consolidation of 1914. 
 
 
 Ordinances Repealed. 
 
 Repealing 
 Ordinance. 
 
 Consolidated Ordinances of the Yukon Tebbitohy, 1902. 
 Chap. 2. sees. 7 and 8. and Schedule!. Tariff C, 
 
 No. 17 of 1904. 
 
 
 2, sec. 9 
 
 No. 7 of 1908. 
 
 
 3, s.s. 2 of sec. 8 
 
 No. 18 of 1904. 
 
 
 3, sees. 25, 35 and 49 
 
 No. 18 of 1904. 
 
 
 3, sees. 61 to 74 inc 
 
 No. 18 of 1804. 
 
 
 3, sees. 80, 81, 84 and 91 to 99 inc 
 
 No. 18 of 1904. 
 
 
 3, Forms M, and S in Schedule 1 
 
 No. 18 of 1904. 
 
 
 3, Forms A, B and C, Schedule 1, section 2 
 
 No. 18 of 1904. 
 
 
 4, sec. 28 
 
 No. 9 of 1913. 
 
 
 5, sees. 11 and 17 
 
 No. 1 of 1911. 
 
 
 5, sees. 22 and 29 
 
 No. 7 of 1909. 
 
 
 7, sees. 20, 21 and 24 
 
 No. 19 of 1903. 
 
 
 9, sec. 3 . . .... 
 
 No. 6 of 1912. 
 
 
 14, sees. 2, 3 and 4 
 
 No. 12 of 1914. 
 
 
 14, sees. 6, 7 and 8 
 
 No. 2 of 1803. 
 
 
 16 
 
 No. 4 of 1904. 
 
 
 17, sees. 14 and 16 
 
 No. 22 of 1903. 
 
 
 17, Rules 1 and 2 
 
 No. 22 of 1903. 
 
 
 17, Rule 3 (sub. s. 3) '. 
 
 No. 22 of 1803. 
 
 
 17, Rule 13 (sub. s. 2) 
 
 No 22 of 1903. 
 
 
 17, Rule 17 (sub. s. 1) .' 
 
 No 22 of 1903. 
 
 
 17, Rule 18 
 
 No. 22 of 1903. 
 
 
 17, Rule 25 
 
 No 22 of 1903. 
 
 
 17, Rules 168, 169, 170, 171 and 172 
 
 No. 22 of 1903. 
 
 
 17, Rule 363 
 
 No 22 of 1903. 
 
 
 17, Rule 367. 
 
 No. 22 of 1903. 
 
 
 17, Rule 378 (s.s. 1) 
 
 No 22 of 1903 
 
 
 17, Rule 395 
 
 No 22 of 1903. 
 
 
 17, Rule 430 
 
 No. 22 of 1903. 
 
 
 
 No 22 of 1903 
 
 
 17, Rule 483 
 
 No 22 of 1903. 
 
 
 17, Rule 509 
 
 No. 22 of 1903. 
 
 
 17, Rule 515 
 
 No 22 of 1903 
 
 
 17, Rule 521 
 
 No 22 of 1903. 
 
 
 17, Rule 557 
 
 No. 22 of 1903. 
 
 
 
 No 10 of 1904 
 
 
 17, Rule 384 (s.s. 1) 
 
 No 10 of 1904. 
 
 
 17, Rule 386 
 
 No. 10 of 1904. 
 
 
 17, Rule 387 
 
 No 10 of 1904 
 
 
 17, Rules 620, 621 and 622 
 
 No. 8 of 1907 
 
 
 17, Rules 609 
 
 No. 3 of 1908. 
 
 
 17, Forms H and J 
 
 No. 8 of 1908. 
 
 
 17, Rule 357 (s.s. 2) 
 
 No. 4 of 1910 
 
 
 
 No. 4 of 1910. 
 
 
 17, Rules 506 to 524 inc 
 
 No. 7 of 1914. 
 
 
 
 No 7 of 1914 
 
 
 17, Rule 542 
 
 No. 7 of 1914 
 
 
 20 
 
 No. 4 of 1914. 
 
 
 26 
 
 No 1 of 1905 
 
 
 
 No 16 of 1914 
 
 
 47, 3. 6 
 
 - No. 8 of 1911 
 
 
 
 No 1 of 1Q12 
 
 
 49, sees 6 and 7 
 
 No 18 of 1003 
 
 
 54 
 
 No 14 of 1903 
 
 
 57.. 
 
 Nn IS nf ^Q^A 
 
 
 
 No 15 of 1914 
 
 
 70263— 51J 
 
 
804 
 
 Schedule. 
 SCHEDULE I— Concluded. 
 
 Showing the Portions of the ConsoUdated Ordinances of the Yukon Terri- 
 tory 1902, and of the Ordinances of the Yukon Territory, which have 
 been repealed prior to the Consolidation of IQli.— Continued. 
 
 Ordinances Repealed. 
 
 Repealing Ordin- 
 ance. 
 
 Consolidated Ordinances of the Yukon Teebitokt, 1902.— Concluded. 
 
 ■Chan- B9 
 
 No. 15 of 1914. 
 
 
 '60 
 
 No. 15 of 1914. 
 
 
 ' 64, sec. 4 (s.s. j) 
 
 No. 11 of 1904. 
 
 
 ' 64, sec. 7, Rule 10 
 
 No. 11 of 1904. 
 
 
 ' 64, sec. 37 (s.s. 1) . . 
 
 No. 11 of 1904. 
 
 
 ' 64, sec. 45 
 
 No. 2 of 1913. 
 
 
 ' 64, sec. 50 (s.s. 5) 
 
 No. lot 1906. 
 
 
 ' 66, sees. 13, 14, 15, 16 and 17 
 
 No. 1 of 1914. 
 
 
 ' 66, sec. 85 
 
 No. 6 of 1910. 
 
 
 ' 76, see. 56 
 
 No. 9 of 1907. 
 
 
 ' 76, sees. 58 and 59 
 
 No. 9 of 1907. 
 
 
 ' 76, sec. 61 
 
 No. 9 of 1907. 
 
 
 ' 76, sec. 70 
 
 No. 9 of 1907. 
 
 
 ' 77, sec. 3 ... 
 
 No. 3 of 1911. 
 
 
 ' 79 
 
 No. 5 of 1906. 
 
 ^^90 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 190 
 191 
 191 
 191 
 191 
 
 Ordinances of the Yukon Council. 
 3 — No. 8, sec. 3 
 
 No. 11 of 1904. 
 
 3 — No. 8, sec. 5 
 
 No. 18 of 1914. 
 
 3— No. 10 
 
 No. 17 of 1914 
 
 3 — No. 14, sees. 3, 4 and 5 
 
 No. 2 of 1910. 
 
 3 — No. 19, sees. 2 and 6 
 
 No. 12 of 1907 
 
 4— No. 3 
 
 No. 5 of 1906. 
 
 4— No. 10, sec. 4 
 
 No. 8 of 1909. 
 
 4^-No. 11, sees. 1 and 2 
 
 No. 6 of 1911. 
 
 
 No. 17 of 1914. 
 
 4-No. 16 
 
 No. 17 of 1914. 
 
 4— No. 17, sec. 9 
 
 No. 7 of 1908. 
 
 4— No. 18, sec. 3 
 
 No. 11 of 1906. 
 
 
 No. 11 of 1906. 
 
 5 — No. 1, sub. sees. 3 and 4 of sec. 23 
 
 No 4 of 1906. 
 
 6— No. 5, sub. sees. 22, 23, 24, 26 and 29 of Sec. 11 
 
 No. 11 of 1907. 
 
 6— No. 6 
 
 No 2 of 1914 
 
 6— No. 7 
 
 No 17 of 1Q14 
 
 fr— No. 10, sec. 1 .'. . . 
 
 No 5 of 1910 
 
 9— No. 3 
 
 No 15 of 1914 
 
 9— No. 7, sec. 4 
 
 No 4 of 1912 
 
 O-No. l,sec.l 
 
 No. 5 of 1913. 
 
 1 — No. 5, sees. 1 and 2 
 
 No 5 of 1913. 
 
 
 No. 7 of 1913. 
 
 3— No. 5 
 
 No 17 of 1914 
 
 
 
Schedule. 
 SCHEDULE II. 
 
 805 
 
 Ordinances and Parts of Ordinances repealed from the date of coming into 
 force of "The Consolidated Ordinances of the Yukon Territory, 1914. 
 
 Chapter. 
 
 Title oJ Ordinance. 
 
 Extent 
 
 of 
 Repeal. 
 
 9 
 10 
 11 
 
 12 
 13 
 14 
 15 
 17 
 18 
 19 
 21 
 22 
 23 
 24 
 25 
 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 ^6 
 37 
 38 
 39 
 40 
 41 
 42 
 43 
 44 
 
 45 
 46 
 47 
 49 
 50 
 51 
 52 
 53 
 55 
 
 56 
 61 
 62 
 63 
 
 CONBOIIDATED OhdINANCES OF THE YUKON TEKKrrOKT, 1902. 
 
 An Ordinance respecting the Form and Interpretation of Ordinances 
 
 An Ordinance respecting the Council of the Yukon Territory 
 
 An Ordinance respecting Elections 
 
 An Ordinance respecting Controverted Elections 
 
 An Ordinance respecting the Public Service of the Territory 
 
 An Ordinance respecting the Registration of Births, Deaths and Marriages. 
 
 An Ordinance respecting the Inspection of Steam Boilers and the Examina- 
 tion of Engineers Operating the Same 
 
 An Ordinance respecting Ferries 
 
 An Ordinance respecting the Public Health 
 
 An Ordinance to regulate Public Aid to Hospitals 
 
 An Ordinance respecting Commissioners to make Inquiries concemmg 
 Public Matters 
 
 An Ordinance respecting the removal of Trespassers from Public Property 
 
 An Ordinance for the Protection of Miners 
 
 An Ordinance tor the better Regulation of Traffic on Highways 
 
 An Ordinance for the Protection of Bridges 
 
 An Ordinance respecting the Administration of Civil Justice 
 
 An Ordinance respecting the Clerk and Deputy Clerk 
 
 An Ordinance respecting the SherifiE and Deputy Sheriff 
 
 An Ordinance respecting the Office of Public Administrator 
 
 An Ordinance respecting Commissioners to administer Oaths 
 
 An Ordinance respecting Notaries Public 
 
 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 respecting Constables 
 
 An Ordinance respecting Distress for Rent and Extra-judicial Seizures 
 
 An Ordinance respecting Arbitration 
 
 An Ordinance respecting the Investigation of Accidents 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 Ordinance respecting Preferential Assignments 
 
 An Ordinance respecting Mortgages and Sales of Personal Property 
 
 An Ordinance respecting Hire Receipts and Conditional Sale 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 tor the benefit of Wife and Children 
 
 An Ordinance respecting Masters and Servants 
 
 An Ordinance respecting the Legal Profession 
 
 An Ordinance respecting the Practice of Dentistry 
 
 An Ordinance respecting Chemists and Druggists 
 
 An Ordinance respecting Hotel and Boarding House Keepers 
 
 An Ordinance respecting Keepers of Livery, Boarding and Sales Stables 
 
 An Ordinance respecting Liens in favour of Mechanics and Others 
 
 An Ordinance respecting Slaughter Houses and the Killing and Dressing of 
 Animals for Food 
 
 An Ordinance respecting Newspapers 
 
 An Ordinance respecting Benevolent and Other Societies 
 
 An Ordinance respecting Mechanics and Literary Institutes 
 
 An Ordinance respecting Cemeteries 
 
 The whole. 
 
*06 Schedule. 
 
 SCHEDULE 11— Continued. 
 Ordinances and Parts of Ordinances repealed, &c.— Continued. 
 
 Chapter. 
 
 Title of Ordinance. 
 
 Extent 
 
 of 
 Repeal. 
 
 64 
 
 An 
 
 65 
 
 An 
 
 66 
 
 An 
 
 67 
 
 An 
 
 69 
 
 An 
 
 70 
 
 An 
 
 71 
 
 An 
 
 72 
 
 An 
 
 73 
 
 An 
 
 74 
 
 An 
 
 75 
 
 An 
 
 76 
 
 An 
 
 77 
 
 An 
 
 4 
 
 5 
 
 6 
 
 8 
 
 9 
 
 11 
 
 12 
 
 14 
 
 15 
 
 16 
 
 18 
 
 19 
 
 22 
 
 2 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 10 
 
 11 
 
 13 
 
 14 
 
 17 
 
 18 
 
 10 
 
 Consolidated Ordinances of the YnKON Territory, 1902. — Continued. 
 
 I Ordinance respecting Assessment The whole. 
 
 I Ordinance respecting Towns 
 
 1 Ordinance respecting Schools 
 
 I Ordinance tor the Prevention of Fires 
 
 I Ordinance respecting Fast Driving. 
 
 I Ordinance respecting Dogs '. 
 
 I Ordinance respecting Trespassing and Straying of Animals 
 
 I Ordinance respecting the Preservation of Game in the Yukon Territory.. 
 
 I Ordinance to prevent the Pollution of Running Streams 
 
 I Ordinance for the Prevention of Prairie and Forest Fires 
 
 Ordinance respecting the Importation of and Traffic in Intoxicating 
 Liquors 
 
 I Ordinance respecting Intoxicating Liquors 
 
 I Ordinance respecting Insane Persons 
 
 Ordinances of the Yukon Council .1903. 
 
 An Ordinance to amend the Ordinance for the Regulation of Traffic on High- 
 ways 
 
 An Ordinance to amend the Ordinance respecting Benevolent and other 
 Societies 
 
 An Ordinance to amend the Ordinance respecting Chemists and Druggists 
 
 An Ordinance to amend the Ordinance respecting Dogs 
 
 An Ordinance to amend The Liquor License Ordinance 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Health Ordinance 
 
 An Ordinance respecting Auctioneers, Hawkers and Pedlars 
 
 An Ordinance to amend The Game Ordinance ". ■. . 
 
 The Miners Lien Ordinance 
 
 An Ordinance to amend the Ordinance respecting The Yukon Council 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Dentistry Ordinance 
 
 An Ordinance to amend The Steam Boiler Ordinance 
 
 An Ordinance to amend The Judicature Ordinance 
 
 1904. 
 
 An Ordinance to amend "The Interpretation Ordinance'' 
 
 The Public Printing Ordinance 
 
 The Evidence Ordinance 
 
 The Collection Ordinance 
 
 An Ordinance to amend The Prairie Fires Ordinance 
 
 An Ordinance to amend The Liquor License Ordinance 
 
 An Ordinance to amend The ,Judicature Ordinance 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance for the Protection of Sheep and other Animals from Dogs. . 
 
 An Ordinance to amend The School Ordinance 
 
 An Ordinance to amend the Ordinance respecting the Yukon Council 
 
 An Ordinance to provide for Voters' Lists for Elections to the Yukon Council 
 
 1905 
 
 The Juries Ordinance 
 
 An Ordinance to amend The Judicature Ordinance .• 
 
 An Ordinance prohibiting the Discharge of Fire Arms in unincorporated 
 
 Towns 
 
 An Ordinance to amend The Vital Statistics Ordinance 
 
 An Ordinance to amend The Game Ordinance 
 
 The Woodman's Lien for Wages Ordinance 
 
 An Ordinance to amend The Judicature Ordinance 
 
Schedule. 
 SCHEDULE II— Continued. 
 Ordinances and Parts of Ordinances, repealed, &c — Continued. 
 
 807 
 
 Chapter. 
 
 Title o! Ordinance. 
 
 Extent 
 
 of 
 Repeal. 
 
 1 
 
 2 
 
 3 
 
 4 
 
 7 
 
 8 
 
 10 
 
 11 
 
 13 
 
 ■14 
 
 2 
 3 
 4 
 5 
 6 
 
 7 
 8 
 9 
 10 
 11 
 12 
 13 
 
 1 
 2 
 5 
 6 
 7 
 8 
 9 
 10 
 
 1 
 2 
 
 3 
 4 
 5 
 6 
 7 
 8 
 10 
 
 1906 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Health Ordinance 
 
 An Ordinance to amend The Gam.e Ordinance 
 
 An Ordinance to amend The Juries Ordinance 
 
 An Ordinance to amend The Assessment Ordinance 
 
 The Succession Duties Ordinance 
 
 An Ordinance to amend The Liquor License Ordinance 
 
 An Ordinance to amend the Ordinance respecting Voters' Lists 
 
 An Ordinance to amend The Collection Ordinance 
 
 An Ordinance to amend The Judicature Ordinance 
 
 1907 
 
 An Ordinance to provide for Weight and Sale of Bread 
 
 An Ordinance respecting Road Houses 
 
 An Ordinance to amend the Ordinance respecting the Yukon Council 
 
 An Ordinance to amend the Health Ordinance 
 
 An Ordinance to amend the Ordinance respecting the office of Public Admin- 
 istrator 
 
 An Ordinance to amend the Dogs Ordinance 
 
 An Ordinance to amend The Judicature Ordinance 
 
 An Ordinance to anaend The Liquor License Ordinance 
 
 An Ordinance to ainend the Ordinance for the Prevention of Fires 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Steam Boilers Ordinance : 
 
 An Ordinance to amend the Ordinance respecting Aid to Hospitals 
 
 The whole. 
 
 1908 
 
 An Ordinance to amend The Roads House Ordinance 
 
 An Ordinance to am.end The Health Ordinance 
 
 The Employers Liability Ordinance 
 
 An Ordinance to amend The Game Ordinance 
 
 An Ordinance to amend the Ordinance respecting the Yukon Council . 
 
 An Ordinance to amend The Judicature Ordinance 
 
 An Ordinance to amend The Steami Boilers Ordinance 
 
 An Ordinance respecting The Driving of Logs 
 
 An Ordinance 
 An Ordinance 
 ministrator. 
 An Ordinance 
 An Ordinance 
 An Ordinance 
 An Ordinance 
 An Ordinance 
 An Ordinance 
 An Ordinance 
 
 1909 
 
 to amend The Game Ordinance 
 
 to amend the Ordinance respecting The Office of Public Ad- 
 
 to amend The Companies Ordinance 
 
 to amend The Assessment Ordinance 
 
 respecting Standard Time 
 
 respecting Personal Judgments in Lien Actions. 
 
 to amend The Public Service Ordinance 
 
 to amend The Judicature Ordinance 
 
 to amend The Bills of Sale Ordinance 
 
 1910 
 
 An Ordinance to amend The Miners Lien Ordinance 
 
 An Ordinance to amend The Collection Ordinance 
 
 An Ordinance to amend The .Judicature Ordinance 
 
 An Ordinance to amend The Liquor License Ordinance. 
 An Ordinance to amend The School Ordinance 
 
808 Schedule. 
 
 SCHEDULE n— Continued. 
 Ordinances and Parts of Ordinances, repealed, &c — Continued. 
 
 Chapter. 
 
 1 
 2 
 4 
 6 
 7 
 8 
 9 
 10 
 11 
 
 12 
 
 14 
 15 
 16 
 »P17 
 18 
 20 
 
 Title of Ordinance. 
 
 1911 
 
 An Ordinance to amend The Public Service Ordinance 
 
 An Ordinance to amend The Collection Ordinance 
 
 An Ordinance to amend an Ordinance respecting Insane persons 
 
 An Ordinance to amend The Ordinance respecting Clerk and Deputy Clerk. 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance to amend The Legal Professional Ordinance 
 
 1912 
 
 The Yukon Medical Ordinance 
 
 An Ordinance to amend The Judicature Ordinance 
 
 An Ordinance to amend The Prairie Fires Ordinance 
 
 An Ordinance to amend The Public Service Ordinance 
 
 An Ordinance to amiend The Health Ordinance 
 
 An Ordinance to amend the Ordinance relating to Decision of Constitutional 
 
 and Other Questions 
 
 An Ordinance to amend the Ordinance respecting the Yukon Council 
 
 1913 
 
 An Ordinance to amend The Judicature Ordinance 
 
 An Ordinance to amend The Assessment Ordinance 
 
 An Ordinance respecting Pawn Brokers ^ 
 
 An Ordinance to amend the Ordinance respecting the Yukon Council 
 
 An Ordinance to amend the Ordinance respecting Controverted Elections. . . 
 
 1914 
 
 An Ordinance to amend The School Ordinance 
 
 An Ordinance relating to the Decision of Constitutional and other Questions 
 An Ordinance respecting Practice and Procedure in Police Magistrates Courts 
 
 An Ordinance to amend the Ordinance respecting Limitation of Actions 
 
 An Ordinance to amend The Judicature Ordinance 
 
 An Ordinance regulating the Exportation of Foxes 
 
 An Ordinance to amend The Public Service Ordinance 
 
 An Ordinance to amend the Election Ordinance ." 
 
 An Ordinance to amend the Ordinance respecting Auctioneers, Hawkers and 
 
 Pedlars 
 
 An Ordinance to amend the Ordinance respecting the Eegulation of Traffic on 
 
 Highways 
 
 The Motor Vehicle Ordinance 
 
 The Companies Ordinance 
 
 An Ordinance to amend The Legal Profession Ordinance 
 
 The Dawson City Corporation Ordinance 
 
 An Ordinance to amend The Assessement Ordinance 
 
 An Ordinance to amend The Liquor License Ordinance 
 
 Extent 
 
 of 
 Eepeal. 
 
 The whole 
 
 ss. 1 and 2 
 The whole 
 
 <■- Gee errata elip immeaiatexy 
 before index. 
 
Schedule. 
 SCHEDULE III. 
 Ordinances and parts of Ordinances left unrepealed. 
 
 809 
 
 No. 
 
 Title of Ordinance. 
 
 Portion 
 
 of 
 
 Ordinance. 
 
 10 
 
 12 
 
 16 
 18 
 20 
 25 
 27 
 28 
 35 
 
 46 
 47 
 49 
 
 5 
 6 
 
 8 
 
 14 
 
 26 
 28 
 
 29 
 
 30 
 35 
 
 40 
 
 41 
 
 6 
 
 7 
 
 8 
 
 12 
 
 13 
 16 
 
 Ordinances of the Ytjkon Council. 
 1899. 
 
 An Ordinance to incorporate The Svendsgaard Drug and Hospital Company, 
 Limited 
 
 An Ordinance to validate certain proceedings in the Courts of the Yukon 
 Territory 
 
 An Ordinance for granting to the Commissioner certain sums of Money to 
 defray the expenses of the Public Service of Yukon Territory 
 
 An Ordinance to incorporate The Yukon Overland Express and Transportar 
 tion Company 
 
 An Ordinance concerning the Water Supply of Dawson 
 
 An Ordinance respecting the Grand Forks Water Association 
 
 An Ordinance respecting The Yukon Hygeia Water Supply Company 
 
 An Ordinance to interpret Ordinance No. 16 of 1899 
 
 An Ordinance respecting Hunker Creek Ferry 
 
 An Ordinance respecting the Klondike Ferry 
 
 An Ordinance to confirm, ratify and legalize certain transfers of Real Pro- 
 perty 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 
 
 An Ordinance respecting the Dawson City and Yukon Territory, Public 
 Business Register and Business Directory 
 
 An Ordinance to provide for the building of a wagon road in 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 
 
 1900. 
 
 An Ordinance respecting 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 ^nd Electric Company, 
 
 Limited 
 
 An Ordinance to incorporate the Dawson City Water and Power Company 
 
 Limited , 
 
 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 
 
 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 
 
 1901. 
 
 An Ordinance to incorporate the Hadley Stage Line Limited 
 
 An Ordinance to incorporate the Dawson Transfer and Storage Company 
 
 Limited 
 
 An Ordinance entitled additional Ordinance respecting the Preservation of 
 
 Game in the Yukon Territory 
 
 An 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.. 
 
 An Ordinance respecting Taxation for 1900 (Dawson) 
 
 An Ordinance to incorporate the Yukon-Klondike Gener-al Trusts Company 
 
 Limited 
 
 The whole. 
 
810 Schedule. 
 
 SCHEDULE Ill—Coniinued. 
 Ordinances and parts of Ordinances left unrepealed, — Continued. 
 
 No. 
 
 Title of Ordinance. 
 
 Portion 
 
 of 
 
 Ordinance. 
 
 No. 
 19 
 
 1901— Conclvded. 
 
 An Ordinance to amend the Ordinance to incorporate the Dawson City 
 Water and Power Company Limited 
 
 The whole. 
 
 27 
 
 39 
 43 
 
 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 increase the capital stock of the Hadley Stage Line Limited. 
 
 An Ordinance empowering the Northern Commercial Company, to lay 
 pipes, etc., in the Town of Dawson 
 
 u 
 
 
 It 
 
 5 
 
 1902. 
 
 It 
 
 10 
 
 An Ordinance to amend the Dawson Citv Charter 
 
 « 
 
 11 
 
 
 (( 
 
 15 
 
 An Ordinance to incorporate The Dawson Amateur Athletic Association 
 
 (( 
 
 17 
 
 An Ordinance to amend the Dawson Citv Charter 
 
 u 
 
 21 
 
 
 tt 
 
 Chapter. 
 
 68 
 
 78 
 
 Consolidated Ordinances 1902. 
 An Ordinance respecting the Limits of Dawson and EUondike City 
 
 The whole. 
 tt 
 
 1 
 
 Ordinances of the Yukon Council, 
 
 1903. 
 
 An Ordinance to amend the Ordinance Incorporating The Dawson Amateur 
 
 
 7 
 
 An Ordinance for granting to the Commissioner certain sums of money for 
 the Developm.ent of Mining in the Yukon Territory 
 
 (J 
 
 13 
 
 17 
 
 An Ordinance to incorporate The North Star Athletic Association Limited.. 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 
 defray the expense of the Public Service .... 
 
 ti 
 
 It 
 
 20 
 
 An Ordinance to provide for the Management of Free Public Libraries in 
 
 tt 
 
 21 
 
 An Ordinance to incorporate The Zero Club Limited . 
 
 t( 
 
 1 
 
 1904. 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 defray the expense of the Public Service 
 
 tt 
 
 9 
 
 An Ordinance to validate the Town of Bonanza Assessment for 1904 
 
 tt 
 
 19 
 
 An Ordinance granting to the Commissioner certain sums of money to 
 defray the expense of the Public Service 
 
 ti 
 
 6 
 
 1905 
 An Ordinance respecting the By-Laws of the City of Dawson . . 
 
 
 7 
 
 defray the Expense of the Public Service 
 
 tt 
 
 9 
 
 An Ordinance respecting The Town of Bonanza 
 
 tt 
 
 9 
 
 1906 
 
 An Ordinance closing portions of Fifth Avenue and Portions of Lambert and 
 Elliott Streets in Whitehorse from Public use 
 
 it 
 
 12 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 defray the Expenses of the Public Service.... . . .■ .-..■. -...". 
 
 tt 
 
 *- See errata slip immediately 
 
Schedule. 
 
 SCHEDULE lU— Concluded. 
 
 Ordinances and parts of Ordinances left unrepealed, — Concluded. 
 
 811 
 
 No. 
 
 Title of Ordinance. 
 
 Portion 
 
 of 
 Ordinance. 
 
 1 
 
 14 
 
 10 
 
 10 
 
 11 
 
 3 
 
 *13 
 19 
 
 21 
 
 1907 
 
 An Ordinance to amend Chapter 20 of 1903 relating to Free Public Libraries 
 in Dawson 
 
 An Ordinance granting to the Commissioner certain sums of money to 
 defray the Expense of the Public Service 
 
 The whole. 
 
 1908 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 defray the Expense of the Public Service 
 
 1909 
 
 An Ordinance for granting to the Commissioners certain sums of money to 
 defray the Expense of the Public Service 
 
 1910 
 
 An Ordinance tor granting to the Commissioner certain sums of money to 
 defray the Expense of the Public Service 
 
 1911 
 
 An Ordinance to amend Chapter 16 of 1904 
 
 An Ordinance to amend the Assessment Ordinance 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 
 defray the Expense of the Public Service 
 
 An Ordinance to remit cerj;ain Taxes on Lots 17, 18, 19 and 20 in Dawson. 
 
 1912 
 
 An Ordinance to validate Assessment Rolls of the City of Dawson 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 defray the Expense of the Public Service , 
 
 Sec. 3 
 The whole. 
 
 1913 
 
 An Ordinance to amend the Assessment Ordinance 
 
 An Ordinance to declare valid certain By-Laws of the City of Dawson 
 
 An Ordinance authorizing the Consolidation of the Ordinances of the Yukon 
 Territory and By-Laws of the City of Dawson 
 
 An Ordinance respecting Transient Traders as amended by Chapter 13 of the 
 Ordinances of 1914 
 
 An Ordinance to provide for a Plebiscite respecting Dawson Public Schools 
 
 An Ordinance for granting to the Commissioner certain sums of money to de- 
 fray the Expense of the Public Service 
 
 Sec. 3 
 The whole. 
 
 1914 
 
 An Ordinance to validate the Assessment of the City of Dawson 
 
 An Ordinance respecting the Consolidated Ordinances 1914 
 
 An Ordinance to amend the Ordinance relating to Transient Traders 
 
 An Ordinance for granting to the Commissioner certain sums of money to 
 
 defray the Expense of the Public Service 
 
 An Ordinance relating to Charges for Electric Light and Water in Dawson. . . 
 
 * See errata slip immediately 
 before index. 
 
ERRATA. 
 
 In Chapter 24, Section 17, "30" should read "31". 
 
 In Chapter 28, Section 95, "included" should read "concluded". 
 
 In Chapter 89, Section 4, Sub-Section 2, "January" should read 
 '.'March" and "October" should read "September". 
 
 In Chapter 40, Section 5, Sub-Section 5, "sale" should read "safe". 
 In Schedule II, 'Chapter 17 of 1 914, The Dawson City Corporation 
 Ordinance should be struck out. , 
 
 In Schedule III, Chapter 45 of 1901, an Ordinance to Incorporate 
 the -City of Dawson, should be struck out. 
 
 In Slehedule I, under Ordinances of the Yukon Council insert the 
 following : — 
 1901— No. 45, the whole /No. 17 of 1914. 
 
 In Schedule III, under Ordinances of 1914, insert the following : — 
 No. 17, The Dawson City Corporation. 
 Ordinance The whole. 
 
INDEX 
 
 TO THE 
 
 CONSOLIDATED ORDINANCES, 1914. 
 
 The figures refer to the top pagmg. 
 
 Accidents, Compensation to families of persons killed by 
 
 See Compensation to families, etc. 258 
 Accidents by Fire, Investigation of 
 
 See Fires Investigation, Respecting, etc. 366 
 Actions, Limitation of 
 
 See Limitation of Actions. 595 
 Affidavit, Commissioners for taking 
 
 See Commissioners to administer Oaths. 108 
 Agents, Mercantile 
 
 See Factors and Agents. 357 
 Alimony. 
 
 Jurisdiction of Territorial Court 12 
 
 Grant of continues until further order 12 
 
 Animals, Killing and dressing for food 
 
 See Slaughter Houses. 773 
 
 Animals, Stray, Impounding of, etc 13 
 
 "Animal" defined 13 
 
 "Legal Fence" defined 13 
 
 "Caches" damaging 16 
 
 Commissioner to form districts and appoint pound keepers 13 
 
 "Trespasser" defined 13 
 
 "Estray" defined 13 
 
 any person may deliver to pound keeper 13 
 
 owner of, if known, to be notified by pound keeper and to remove animal 
 
 within three days 14 
 
 failing to remove animal or owner being unknown, notices to be posted in 
 
 three public places in pound district 15 
 
 or occupier may capture trespasser 13 
 
 cost of captor to be reimbursed 13 
 
 owner entitled to on tender of expenses incurred 14 
 
 expenses for keep and advertising, what allowed 15 
 
 dispute as to, J. P. to determine 16 
 
 person finding estray in weak condition to notify R. N. W. M . P 16 
 
 person in charge liable 14 
 
 sale, proceeds of, disposition 15 
 
 balance forwarded to commissioner, failing claim within a year 
 
 to form part of general revenue fund 15 
 
 not to be turned loose between 30th October and 30th March 16 
 
 Fees to captor or owner 15 
 
 pound keeper 15 
 
 salesman 15 
 
 Municipality, ordinance does not apply to 16 
 
 81o 
 
814 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Animals, Stray, Impounding of, etc.— Continued. 
 
 Pound District, Commissioner to establish 13 
 
 Pound keeper, appointment of 13 
 
 duties of 14. 
 
 not to purchase I5 
 
 person leaving animal with, to deposit fees I4 
 
 to report to commissioner Ig 
 
 may kill if no purchaser Ig 
 
 Offences jg 
 
 Penalties 15-16 
 
 Rescuing, penalty for Ig 
 
 Trespass, not to affect action for ; Ig 
 
 Trespasser, animal breaking into enclosure 13-14 
 
 Turning out to graze, improperly 16 
 
 Arbitration. 
 
 Short title Ig 
 
 Interpretation Ig 
 
 " Submission " Ig 
 
 " Court " Ig 
 
 " Judge " Ig 
 
 " Rules of Court " Ig 
 
 References by consent out of Court Ig 
 
 Submission irrevocable Ig 
 
 includes provisions in Schedule 18 
 
 party to, may obtain Stay of proceedings Ig 
 
 Arbitrator, appointment of, where no other provision 19 
 
 in place of arbitrator unwiUing or unable to act 19 
 
 appointed by one party, failing appointment by other party, may act 
 
 alone 19 
 
 powers of , 19 
 
 Witnesses, summoning of and production of documents 19 
 
 Award, enlargment of time for making 20 
 
 Court may remit to arbitrators, etc., for reconsideration 20 
 
 Arbitrator, etc., guilty of misconduct may be removed and award set aside 20 
 
 Award improperly procured may be set aside 20 
 
 Enforcement of award 20 
 
 General provisions 20 
 
 Attendance of witnesses, issue of writs of subpoena ad test, and duces tecum 20 
 
 issue of writ of habeas corpus ad test 20 
 
 Special case for opinion of court 20 
 
 Costs of orders 20 
 
 Direction for arbitration shall be deemed a submission 21 
 
 Schedule 21 
 
 Single arbitrator to act unless reference otherwise provides 21 
 
 Umpire to be appointed by two arbitrators 21 
 
 Award to be in writing 21 
 
 time for, and enlargements 21 
 
 Arbitrators failing, umpire to act 21 
 
 Time for umpire's award 21 
 
 Examination of parties and production of documents 21 
 
 Examination may be on oath 21 
 
Index. 815 
 
 The figures refer to the top paging. 
 
 Page. 
 Arbitration — Continued . 
 
 Award to be final 21 
 
 Costs in discretion of arbitrators or umpire 21 
 
 Arbour Day 6 
 
 Assessment. 
 
 When to be made • 23 
 
 Notice to be given 25 
 
 Error not to affect liability of . [ 40 
 
 Personal property at cash value, 42 
 
 Average stock to be 42 
 
 Assessment RoU. 
 
 Particulars in 24-25 
 
 Rules governing preparation of 24r-25 
 
 When to be completed 25 
 
 Inspection of 30 
 
 Amendment of 33 
 
 Additions to 33 
 
 Certified by assessor to bind all parties 34 
 
 Certified copy prima Jade evidence 34 
 
 Appeals. 
 
 Dismissal in certain cases 33 
 
 Person wrongfully assessed may 31 
 
 Against another person 31 
 
 Form of notice of - 31 
 
 Forfeit of right of 31 
 
 Assessor to prepare list of 32 
 
 Notwithstanding sum rated may be recovered 34 
 
 No certiorari to be granted on 34 
 
 Appeal Court. 
 
 Members of 30 
 
 Clerk 30 
 
 Time of meeting of 31 
 
 May adjourn ' 32 
 
 Witnesses may be examined on oath 32 
 
 May issue subpoenas 32 
 
 Penalty for disobeying 32 
 
 Actions. 
 
 Must be brought within six months 42 
 
 Duties of ; 23 
 
 To prepare lists of appeals 32 
 
 To give notice of sittings of Court of Revision 32 
 
 No action against 34 
 
 To be collector 35 
 
^16 Index. 
 
 The figures refer to the top paging. 
 
 Assessment — Continued. 
 
 Assessor — Concluded . 
 
 To send notice in Form " F " ok 
 
 May collect taxes by distress og 
 
 May sell after five days' notice 07 
 
 May sue for taxes 07 
 
 Banks, assessment of 27-28 
 
 Certificate of, evidence ot taxes due 30 
 
 Demand on party leaving Territory 07 
 
 Collector of rates. 
 
 Assessor or overseer to be oc 
 
 Collection of rates 35-38 
 
 Court ol Revision . 
 
 Notice of sittings to be given 32 
 
 To hear appeals in order of entry 32 
 
 May confifm, amend, etc. Assessment roll 33 
 
 May add name of person left off 33 
 
 May proceed ex parte 33 
 
 Power of chairman to preserve order 34 
 
 Decision to be final 34 
 
 Distress. 
 
 If taxes not paid, assessor may levy by 3 
 
 Assessor may sell after five days' notice 37 
 
 Interpretation : 22 
 
 Land. 
 
 Assessment of 24 
 
 Sold for taxes .' 39 
 
 Minimum tax 35 
 
 Proceeds of sale, how disposed of 40 
 
 Purchaser fails to pay to be resold 40 
 
 Purchaser's interest in ceases after payment of taxes and costs 41 
 
 Transfer prima facie evidence of compliance with ordinance 41 
 
 Transfer conclusive evidence if application to confirm not made for 6 months. . . 41 
 
 Notice of assessment to be given 25 
 
 person commencing business after assessment to give 26 
 
 penalty for not giving 26 
 
 to be given administrator if person assessed dies 26 
 
 Form F to be given by collector 35-36 
 
 of application to confirm sale 41 
 
 Licenses, etc 28-30 
 
 Personal property. 
 
 To be assessed at cash value 42 
 
 Average stock to be assessed 42 
 
 Property, liable to assessment 22-23 
 
 exempt from assessment 23 
 
 non-resident 24 
 
 under control of trustee 25 
 
 personal assessed at cash value 42 
 
 of non-resident liable 27 
 
Index. 817 
 
 The figures refer to the top paging. 
 
 Page. 
 Assessment — Continued . 
 
 Rate book. 
 
 • Form of 35 
 
 To be revised , 35. 
 
 Railways, assessment of 27 
 
 Rebate, if payment before certain dates 38 
 
 Receipt prima fade evidence 41 
 
 Sale. 
 
 Lands sold for taxes 39 
 
 Proceedings at 39 
 
 Proceeds of, how disposed of 40 
 
 Purchaser fails to pay, property to be resold 40 
 
 Applications to confirm, not to be made till three months after notice to be given 40-41 
 
 Purchaser's interest ceases afta: payment of taxes and costs 41 
 
 Redemption of property 41 
 
 Transfers prima facie evidence of compUance with ordinance 41 
 
 Transfer conclusive evidence if apphcation to confirm not made for six months . 41 
 
 Receipts to be given 40 
 
 Steamers, assessment of 27 
 
 Stock. 
 
 Average to be assessed 42 
 
 Taxes. 
 
 If not paid forthwith may be collected by distress 35-36 
 
 May sue for 37 
 
 If person owing, about to leave, judge may order arrest 37 
 
 Certificate of assessor prima facie evidence ot taxes due 38 
 
 If not paid tiU after 31st December, penalty of 4 p.c 38 
 
 Absconder owing, attachment may issue 38 
 
 Lien against insolvent estate 38 
 
 No transfer good until payment 39 
 
 Sale of land for n 39 
 
 Proceedings at sale for , 39 
 
 Proceeds of sale, how disposed of 40 
 
 Mortgagee may pay, and add to mortgage 40 
 
 Application to confirm sale for, not to be made till three months later 40-41 
 
 Persons interested may pay, and costs 41 
 
 Purchaser to have no interest after payment of, and costs ■. . . . 41 
 
 Rebate 38 
 
 Transfers. 
 
 Prima fade evidence of compUance with ordinance 41 
 
 Conclusive evidence if apphcation to confirm not made for six months 41 
 
 Assignment of Choses in Action. 
 
 See Choses in Action. 102 
 Assignments, Preferential. 
 
 See Preferential Assignments. 699 
 
 Auctioneers, Hawkers and Pedlars 48 
 
 Application of ordinance 49 
 
 Applicant for Ucense, statement by 48 
 
 Expiry of hcense 48 
 
 70263—52 
 
818 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Auctioneers, etc. — Continued. 
 
 Fee 48 
 
 Goods, description of 4g 
 
 Interpretation 48 
 
 " Hawker " 48 
 
 " Pedlar " 48 
 
 License 48 
 
 application for 48 
 
 expiry of 48 
 
 fee 48 
 
 issue of 48 
 
 six months' residence 48 
 
 Municipality, does not apply to 49 
 
 Penalty 48 
 
 Residence, six months 48 
 
 Restrictions 48 
 
 Statement by appUcant 48 
 
 Automobiles 
 
 See Motor Vehicles. 676 
 Barristers and Solicitors. 
 
 See Legal Profession. 557 
 Benevolent and other Societies — 
 
 Benefits to members, exempt from claims by creditors or personal representative. . . . 778 
 
 payment of in good faith to wrong person 778 
 
 recovery by person entitled 778 
 
 Branches may be established 777 
 
 Bylaws, rules and regulations, power to make 777 
 
 to alter or rescind 777 
 
 Certificate, judge's on declaration of incorporation 777-779 
 
 defect in form not to invalidate incorporation 779 
 
 of incorporation, effect of as evidence 779 
 
 application to judge for 780 
 
 practice and costs on 780 
 
 evidence required on 780 
 
 issue of by clerk of court 780 
 
 contents of 780 
 
 Clerks, on copy declaration 779 
 
 on copy judge's order 780 
 
 Change of name or purposes 780 
 
 proceedings for 780 
 
 judge's order 780 
 
 to be filed 780 
 
 certified copy, evidence of change 780 
 
 rights and obligations of society not affected by 781 
 
 Declaration ot incorporation 777 
 
 duplicate, to be in 777 
 
 certificate of judge to be indorsed on 777 
 
 defect in form not to invalidate incorporation 779 
 
 fiUng with clerk 777 
 
 fee for 777 
 
Index. 819 
 
 The figures refer to the top paging. 
 
 Page. 
 Benevolent and other Societies — Continued. 
 
 Declaration of filing fee for certified copy to be evidence 779 
 
 Defects in form of judge's certificate, etc., no invalidity by reason of 779 
 
 Exchange of lands by society 778-779 
 
 Forms, approval of by commissioner, effect of 781 
 
 Incorporation for certain purposes 777 
 
 proceedings for 777 
 
 Lands, see powers of society 778 
 
 Lease of lands by society 779 
 
 Liability of persons under age to pay fees, etc 778 
 
 Minors, liability to pay fees, etc 778 
 
 Mortgage lands, power to 779 
 
 Officers, power to appoint 777 
 
 Powers of society 778 
 
 Lands, etc., as to acquiring, etc., Umited 778 
 
 by gift, etc., limited 778-779 
 
 sale, mortgage, etc., of by society 779 
 
 Sale of lands by society 779 
 
 Secretary, power to appoint 777 
 
 Statement of real property, etc., held, to be furnished when required 780 
 
 Treasurer, power to appoint ". 777 
 
 Trustees, power to appoint 777 
 
 Union of societies or branches for purpose of building, etc 778 
 
 Bills of Sale. 
 
 Affidavits and affirmations, who may administer 59 
 
 fee for administering - 59 
 
 Affidavit with mortgages by company 62 
 
 with mortgages to secure bonds 62 
 
 who may make 53 
 
 Agents' authority for taking or renewal of instruments may be general 56 
 
 "Assignee" includes agent or manager of incorporated company 66 
 
 Assignment, filing of 57 
 
 to be filed before renewal of mortgage 56 
 
 "Bargainee" includes agent or manager of incorporated company 56 
 
 Book, register to be kept by registration clerk 54 
 
 Company, mortgage by 52-53 
 
 Company, conveyance by 52-63 
 
 Default, procedure under mortgage on 54 
 
 causes for seizures by mortgagee 54 
 
 Description of property in instrument to be fuU 53 
 
 assignment for benefit of creditors, exception as to. . 54 
 
 Distiicts, registration 50 
 
 Errors, rectification of 57 
 
 Evidence, certified copy of instrument to be 68 
 
 registration clerk's certificate of filing to be 68 
 
 False statements in instruments, etc., effect of 53 
 
 Fees for administering affidavits, etc 59 
 
 for fiUngs, copies, searches and certificates 59 
 
 Holiday, time for filling expiring on 69 
 
 70263— 52i 
 
S20 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Bills of Sale — Continued. 
 
 Mortgages of chattels 51 
 
 registration of, within thirty days 51 
 
 effect of 51 
 
 has effect only in registration district where registered 53 
 
 affidavits of execution and bona fides to accompany 51 
 
 form of 51 
 
 to secure future advances or to indemnify 51 
 
 form of 51 
 
 affidavits of execution and bona fides to accompany 51 
 
 registration of within thirty days 52 
 
 effect of 52 
 
 has effect only in registration district where registered 52 
 
 by company '. 52 
 
 to secure bonds or debentures 52-53 
 
 affidavit to be filed 52 
 
 renewal not necessary under certain circumstances 53 
 
 accrued rights not affected by 53 
 
 "Mortgagee" includes agent or manager of incorporated company 56 
 
 Omission to register instrument, effect of ' 53 
 
 Omissions, rectification of 57 
 
 Register to be kept by registration clerk 64 
 
 Registration to be in district where property situate 54 
 
 Registration clerks appointment of 50 
 
 office hours 50 
 
 not to prepare instruments, etc 51 
 
 duties as regards registration 62 
 
 Registration districts 50 
 
 new, may be constituted 50 
 
 Removal of chattels from registration district 68 
 
 mortgagee to receive twenty days prior notice 58 
 
 certified copy mortgage to be filed within three weeks in district to which 
 
 goods removed 68 
 
 Renewal of mortgage 54-56 
 
 statement to be filed within two years and yearly thereafter 65 
 
 form of 55 
 
 affidavit verifying to accompany : 55-66 
 
 personal representative or assignee may make 56 
 
 Sale of goods, etc., without immediate deKvery 62 
 
 to be by conveyance in writing 52 
 
 registration within thirty days required 52 
 
 affidavits of execution and bona fides to accompany 52 
 
 effect of 62 
 
 has effect only in district where registered 53 
 
 Short title ^° 
 
 Sunday, time for filing expiring on 
 
 Births, Deaths and Marriages. 
 
 Registration of See' Vital Statistics. 
 
 Boarding House Keepers. See Hotel Keepers. 401 
 
Index. 821 > 
 
 The figures refer to the top paging. 
 
 Pag^.-^ 
 Boarding Stable Keepers. 
 
 See Livery Stable. 637' 
 Boilers, Steam, Inspection of 
 
 Short title 7i 
 
 Interpretation 71 
 
 Inspection of steam boilers 71 
 
 Inspectors, appointment and remuneration 71 
 
 not to be interested in sale of boilers or steam machinery 71 
 
 oath of office 71 
 
 duties of 72 
 
 Exemption of certain boilers from operation of ordinance. 72 
 
 Inspectors' right of entry for purpose of inspection 72 
 
 interference with, penalty 73 
 
 Inspection to be annual 73 
 
 fee, and disposition thereof 73 
 
 certificate of 73 
 
 to be produced to inspector on demand 73 
 
 Employment of unqualified person as engineer, an offence 73 
 
 Hydrostatic tests 73 
 
 Working pressure allowable 73 
 
 Inspection of boilers reported unsafe 73 
 
 owners to repair 73 
 
 pending repair, not to be used 73-74 
 
 Fusible plug to be used 74 
 
 Steam gauge 74 
 
 Owner of boiler to faciUtate inspection 74 
 
 Inspection of boilers in course of construction or repair 74 
 
 Record to be kept by inspector. . .' 74 
 
 Annual report by iaspector to commissioner 74 
 
 Engineers 74-75 
 
 appeal to commissioner from decision of inspector 7.5 
 
 certificate to be posted in conspicuous place ." 76 
 
 of engineer of portable engine to be produced to inspector on 
 
 demand 76 
 
 effect of absence or non-production of qualification for 75-7.6 
 
 12 months service 75-76 
 
 examination 76 
 
 fee 76 
 
 Examination fee 76 
 
 Permit to unqualified person 77 
 
 fee 77 
 
 Regulations and forms 77 
 
 Fees, application of 77 
 
 Penalties 77 
 
 Schedvde, certificate of inspection 77 
 
 Bread, Weight and Sale of 
 
 Bread to be weighed 80 
 
 deleterious material in 80 
 
 allowance on weight of 81 
 
 Dawson, Oriiinance applies to 81 
 
^22 Index. 
 
 The figures refer to the top paging. 
 
 _ Page. 
 Bread, Weight and Sale of— Continued. 
 
 Inspection by Health Officer gO 
 
 of materials, etc gO 
 
 •monthly.' gQ 
 
 Penalty 81 
 
 Vendor to assist Health Officer 80 
 
 Bridges, Protection of ^33 
 
 Cemeteries 
 
 Book of record of bylaws and proceedings 86 
 
 for management of cemetery and erection of monuments . . 88 
 
 shareholders to have free access to 86-87 
 
 Burials, record of 88 
 
 rights to search and make extracts therefrom 88 
 
 Bylaws, directors may pass 88 
 
 record of to be kept 88 
 
 Cemetery and buildings, etc., to be kept in repair 87 
 
 to be drained 87 
 
 exempt from taxation or seizure 88 
 
 to be enclosed 87 
 
 Conveyances, directors may by by-law empower president to execute 88 
 
 Diiectors, annual election of 86 
 
 board of ; 86 
 
 quorum 86 
 
 choice of first 88 
 
 qualification of 86 
 
 Funerals, proper conduct of 88 
 
 Graves not to be near buildings 88 
 
 Incorporation, conditions And procedure 83 
 
 Instrument to be executed by shareholders on formation of company. .. , 83-84 
 
 or dupUcate to be deposited with Territorial Secretary 83 
 
 Interest on paid-up stock 85 
 
 Land to be held and conveyed for purposes of cemetery only 85 
 
 Liability of trustees 89 
 
 Lots exempt from taxation and seizure 88 
 
 Notice of formation of proposed company to be published in Oazelte 88 
 
 Owners of lots, rights of ., 86 
 
 Penalty for fouhng water .' 87 
 
 suit for recovery of 87 
 
 limitation of time for 87 
 
 for miscondu6t in cemetery 88 
 
 Poor, graves for, to be furnished free 87 
 
 Powers of company 83 
 
 President, election and duties of ■ 86 
 
 Record of burials 88 
 
 of by-laws and proceedings 88 
 
 Regulations, trustees may frame 88 
 
 record of to be kept. .» 88 
 
 Reservation of part of cemetery for exclusive use of religious society or congregation 87 
 
Index. 823 
 
 The figures refer to the top paging. 
 
 Cemeteries — Continued . 
 
 Sales, application of proceeds of 85 
 
 lots of any size may be sold 86 
 
 Shareholder, rights of 86 
 
 who is a 86 
 
 Short title 83 
 
 Stock, amount adequate to purchase ground to be subscribed on formation of company 83 
 
 25 p.c. to be paid on formation of company 83 
 
 receipt for to be deposited with Territorial Secretary 83 
 
 not represented by land in the cemetery may be repaid to shareholder 85 
 
 calls on 86 
 
 forfeiture for non-payment of 86 
 
 directors may remit if call paid 86 
 
 Strangers, graves for to be furnished free 87 
 
 Transfer of land to be registered within twelve months 85 
 
 Trustees, board of, organization of 84 
 
 hability of 89 
 
 successors to, appointment of 84 
 
 Voters upon election of directors, qualification of 86 
 
 Water, fouling, penalty for 87 
 
 suit for recovery of 87 
 
 limitation of time for 87 
 
 damages, civil action for 87 
 
 Chattel Mortgages 50 
 
 See Bills of Sale. 
 Chemists and Druggists. 
 
 Branch drug business, a registered pharmaceutical chenjist must be employed in . . . 97 
 
 Certificate of registration 95 
 
 annual 96 
 
 Drugs, regulations respecting sale of 97-98 
 
 Evidence of registration 95 
 
 Examination of students 95 
 
 rules for 95 
 
 fees on 95 
 
 subjects 95 
 
 Exemptions from operation of ordinance 99 
 
 Fee for annual certificate 95 
 
 on examination of student 95 
 
 Penalties for infraction of ordinance 97 
 
 Pharmaceutical chemist, registered person only to assume title of 96 
 
 or employee only to compound prescriptions 96 
 
 carrying on branch drug business to employ a registered 
 
 pharmaceutical chemist 97 
 
 executors, etc., of deceased may continue business while 
 
 carried on by a pharmaceutical chemist 99 
 
 Physicians and surgeons exempted from operation of ordinance 99 
 
 may be registered as pharmaceutical chemists without 
 
 examination 99 
 
 Poisons, what are to be deemed 98 
 
 declaration of 97 
 
824 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Chemists and Druggists — Continued. 
 
 poisons, sale of, regulations respecting 97 
 
 registered chemist only to sell 97 
 
 non-registered chemist selling, cannot recover charges 97 
 
 Prosecutions, evidence 99 
 
 Register, Territorial Secretary to keep 94 
 
 persons entitled to be admitted upon. : 94 
 
 evidence of right to admission upon 95 
 
 amendment or erasure of fraudulent or incorrect entry upon 96-97 
 
 removal from for improper conduct 97 
 
 publication of 97 
 
 Registration, fee on 94 
 
 certificate of 95 
 
 See Register. 
 
 Sales to physicians, druggists, veterinaries, etc., ordinance not to apply to 99 
 
 by physicians, etc., to their patients, ordinance not to apply to 99 
 
 by executors, etc., of deceased pharmaceutical chemist allowed while conducted 
 
 by a pharmaceutical chemist 99 
 
 Short title. 94 
 
 Titles, only registered chemists may assume certain 96 
 
 Choses in Action. 
 
 Action on debt assigned, claim to show chain of title 102 
 
 Assignee defined 102 
 
 Assignee's rights under assignment 102 
 
 after notice to debtor 102 
 
 Assignment of debts, etc. 102 
 
 rights under 102 
 
 after notice to debtor 102-103 
 
 Debtors' equities against assignor before notice 102 
 
 Negotiable instruments not affected 103 
 
 Securities transferable by delivery 103 
 
 Civil Justice. 
 
 See Judicature. 412 
 
 Civil Service. 
 
 See Public Service. 706 
 
 Clerks and Deputy Clerks. 
 
 Deputy clerk, appointment 90 
 
 districts 90 
 
 powers and duties 90 
 
 Actions commenced and carried on in district 90 
 
 Seal and books 90 
 
 Probate matters 90 
 
 Guardianship of persons 90 
 
 of estates 90 
 
 Proceeding commenced without writ ■ 90 
 
 examination for discovery 91 
 
 appeals from convictions 91 
 
 pending business to be completed in office where pending 91 
 
 Process issuers, appointment, retu/ns, etc 91 
 
Index. 825 
 
 The figures refer to the toy paging. 
 
 Page. 
 Clerks and Deputy Clerks — Continued. 
 
 Security of o'erks and filing of copy 91 
 
 • may be sued upon 91 
 
 certified copy prima facie evidence 91 
 
 Security of deputy clerks 92 
 
 right ot action on 92 
 
 Responsibility of clerks for deputies ceases after security given 92 
 
 Oaths of office and allegiance 92 
 
 to be filed with the Territorial Secretary 92 
 
 Vacancy, disposition oi books, etc 92 
 
 forcible recovery of books, etc 92 
 
 Prohibition from practice as solicitor while holding office ■ 92 
 
 Books and forms to be fvumshed by and be property of government 93 
 
 Oath of ofiice 93 
 
 Collection of Debts. 
 
 Action after issue of judgment summons 104 
 
 Adjournment of examination 105 
 
 Arrest of judgment debtor 106 
 
 Bond on adjournment 105 
 
 Committal of debtor for year 105-106 
 
 until hearing 105 
 
 Costs 105-106 
 
 Cost of maintenance. 107 
 
 Counsel fee not allowed 107 
 
 Creditor, rights of, not impaired 106 
 
 Debtor, examination of 104 
 
 Examination ol judgment debtor 104 
 
 of parties and witnesses. . . : 105 
 
 of joint debtors 104 
 
 to be in chambers 105 
 
 Execution, issue and return of 106 
 
 Interpretation 104 
 
 " Amoimt due on Judgment" 104 
 
 "Clerk" 104 
 
 "Creditor" 104 
 
 "Debt" 104 
 
 "Debtor" 104 
 
 "Judgment" 104 
 
 "Liability" 104 
 
 Judgment summons, procurement of 104 
 
 second and subsequent 105 
 
 form of 104 
 
 Maintenance of debtor in jail 107 
 
 Order of commitment, how long in force 107 
 
 when debt contracted outside territory 104^-105 
 
 for payment by instalments 106 
 
 may include costs 106 
 
 Partnership property, examination covering 104 
 
 Payment by instalments 106 
 
^26 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Collection of Debts.— Continued. 
 
 Police magistrate, power of 107 
 
 Return of " nulla bona " 106 
 
 Security on adjournment 105 
 
 Witnesses, examination of 105 
 
 Commissioners for Inquiry into Public Matters. 
 
 See Inquiries. 403 
 Commissioners to Administer Oaths. 
 
 Commissioners for taking affidavits within the Territory 108 
 
 Solicitors of the Territory shall be 108 
 
 appointment by Commissioner 108 
 
 Commissioners tor taking aflSdavits, etc., without the Territory 108 
 
 style of 108 
 
 Companies. 
 
 Allottpient of shares. 
 
 See Shares, allotment of. 146 
 
 Alteration in objects of Company. 
 
 See Objects of Company. 115 
 
 Alteration in share capital. 
 
 See Share Capital, alteration.125-126 
 
 Application of company for incorporation 112-113 
 
 Arbitration 162 
 
 company may refer differences to : 162 
 
 delegation of powers to arbitrator 162 
 
 arbitration ordinance to apply 123 
 
 Articles, definition of 109 
 
 Articles of Association 224-241 
 
 company limited by shares may register 116 
 
 company limited by guarantee must register 117 
 
 Table A company may adopt 117 
 
 share capital, to be stated in when 117 
 
 number of members when to be stated in 117 
 
 form of 117 
 
 execution of 117 
 
 alteration in by resolution 117 
 
 Auditors. 
 
 See Inspection and Audit. 158 
 
 Authentication of documents 161 
 
 Banking company, not to be incorporated under 112 
 
 Bank notes, issue of, prohibited 112 
 
 Books and papers, definition of 110 
 
 Business . 
 
 carrying on with less members than allowed 161 
 
 number of members allowed 161 
 
 penalty 161 
 
 Canal companies, not incorporated under 112 
 
 Capital, payment of interest out of 150 
 
 when company may pay 150 
 
 resolution authorizing 150 
 
Index. 827 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. ' 
 
 Capital, commissioner must sanction 150 
 
 may appoint person to report on 160 
 
 Capital, reduction of paid up out of profits 124 
 
 resolution to take effect when filed 124 
 
 shareholders may require company to retain 125 
 
 effect of .- ; 125 
 
 company to invest 125 
 
 directors powers of on 125 
 
 amounts retained to be shown in annual list 125 
 
 Charter, definition of IO9 
 
 Certificate of registration. 
 
 contents of Hg 
 
 a body corporate from date of llg 
 
 publication of Hg 
 
 conclusiveness of llg 
 
 statutory declaration of compliance llg 
 
 Certificate of shares. 
 
 See Share Certificates. 151 
 
 Commissioner, powers of Ill 
 
 Commissions and discounts 149-150 
 
 power of company to pay 149-150 
 
 restrictions as to 150 
 
 brokerage, when lawful to pay 150 
 
 balance sheet, to be stated in 150 
 
 Company, definition of 109 
 
 limited by shares, definition of ' 110 
 
 incorporation of 112-113 
 
 five or more persons 112 
 
 limited by shares 113 
 
 limited by guarantee 113 
 
 unlimited 114 
 
 mining, non-personal liability 163 
 
 limited by guarantee 113 
 
 members only to participate in profit 119 
 
 shares, division of capital into 119 
 
 ■Companies, formed under former ordinances 214-215 
 
 applicability of ordinances to 214 
 
 shares, transfer by 215 
 
 shareholders, number of 215 
 
 litigation pending, effect on 215 
 
 authorized to register under ordinance 215 
 
 what companies may not 215-216 
 
 assent of majority of members to 216 
 
 resolution by company limited by guarantee 216 
 
 joint stock company, definition of 216 
 
 requirements for registration of 216-217 
 
 documents to be filed by 216-217 
 
 other than joint stock companies 217 
 
 requirements on registration of 217 
 
 documents to be filed by 217 
 
828 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued . 
 
 Companies, verification of documents filed 217 
 
 evidence, registrar may require 217 
 
 fees payable on 217 
 
 " Limited," addition of word 218 
 
 certificate of registration 218 
 
 liability not affected by -. 218 
 
 actions, continuation of 218 
 
 effect of registration 218 
 
 constitution, power to alter 220 
 
 altered memorandum to be filed 220 
 
 restraining proceedings by Court 220 
 
 stay of action on winding-up 221 
 
 Compromise, power to -" 152 
 
 Court may order meeting of creditors on 162 
 
 binding when sanctioned by Comrt 162 
 
 Contracts, etc 140 
 
 form of 140 
 
 biUs of exchange, etc 140 
 
 by agent, officer, etc 140 
 
 seal to be affixed, when 140 
 
 parol, when vatlid 140 
 
 without seal, when valid 140 
 
 power of attorney 140 
 
 seal for use outside Territory 141 
 
 Contributory, definition of 187 
 
 Council, definition of 110 
 
 Court, definition of 110 
 
 Debenture, definition of 110 
 
 Debentures and floating charges 156 
 
 conditions in, not invahd 156 
 
 redeemed, power to reissue 166 
 
 transfer to nominee, when deemed a reissue 157 
 
 deposited to secure advances 157 
 
 reissued, not treated as new debenture 157 
 
 specific performance of contract to pay 157 
 
 receiver, payments by ' 157 
 
 time, how reckoned , 157 
 
 Deed of Settlement, definition of 220 
 
 Defunct companies removed from register 212-213 
 
 Director, definition of 110 
 
 Directors, unlimited, liability of 132 
 
 provisions regarding 132 
 
 resolution providing for 132 
 
 penalties 133 
 
 Directors, appointment and quaUfications of 138-139 
 
 consent to act to be filed 139 
 
 shareholders, directors must be 139 
 
 list of persons consenting to be filed I39 
 
 penalty, fiUng name without consent 139 
 
 quaUfications of 139 
 
Index. 829 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. 
 
 Dividends Acts valid notwithstanding defect in appointment 139 
 
 register to be kept at registered office 139 
 
 list and changes in to be sent registrar 139 
 
 default, penalty for 139 
 
 Dividends from sales of land 130-131 
 
 land company may pay 130-131 
 
 resolution of two-thirds value paid-up capital 131 
 
 copy of to be filed 131 
 
 notice of reduction of capital thereby to be published 131 
 
 Documents, definition of 110 
 
 service and authentication of 
 
 see Service and Authentication of Documents. . . . 161 
 
 authentication of 161 
 
 Existing company, definition of 109 
 
 Extra Territorial Company, definition of 109 
 
 Extra Territorial Company, licensing and registering of 169 
 
 license or registration required 169 
 
 registered before 1st May, 1914, ordinance applies to 170 
 
 filing documents ' 169 
 
 registrar may dispense with 169 
 
 land, right of company to acquire 169 
 
 rights on registration 169 
 
 duties of 169 
 
 attorney of, to have power to transfer shares 170 
 
 register of shares to be kept 170 
 
 company registered prior to May 1st, 1914, may obtain 170 
 
 license, contents of 170 
 
 registered prior to May 1st, 1914, subject to ordinance 170 
 
 security for costs by 171 
 
 revocation of license, power of commissioner 171 
 
 failure to keep duly appointed attorney 171 
 
 sections 102 to 110a shall apply to 171 
 
 non-personal liability may obtain 171 
 
 licensing of 171 
 
 companies entitled to Ucense 171 
 
 proceedings to obtain 172 
 
 documents to be filed on application 172 
 
 attorney to be appointed 172 
 
 contents of license 172 
 
 certificate to be pubUshed 173 
 
 license, conclusive evidence 173 
 
 notice, of new attorney to be published 173 
 
 Ucense sufficiency in couit 173 
 
 substitutional service, order for 173 
 
 registration of 173 
 
 companies entitled to register 173 
 
 powers on 173 
 
 proceedings to obtain 173-174 
 
 documents to be filed on appHcation 174 
 
 attorney to be appointed 174 
 
830 Index. 
 
 The figures refer to the top paging. 
 
 Page- 
 Companies — Continued . 
 
 Extra registrar may vary power of attorney 174 
 
 power to transfer shares 174 
 
 certificate, contents of 175- 
 
 to be published 175 
 
 evidence of registration 175 
 
 notice of new attorney to be published 175 
 
 substitutional service, order for 175 
 
 invalidity of certain acts of 17& 
 
 disability and penalties of unlicensed, etc 17& 
 
 penalty doing business without license 176 
 
 cannot maintain action 176 
 
 land cannot hold 176 
 
 agent, Uable to penalty 176' 
 
 remission of penalties 177 
 
 penalties, recoverable, how 177 
 
 unlicensed prior to May 1st, 1914, Uability of 177 
 
 travellers, etc., not applicable to 177 
 
 Forms, alteration in Ill 
 
 to be used 112 
 
 commissioner may alter 162 
 
 alteration to be published 162 
 
 General rules, definition of 110 
 
 Inspection and audit 15& 
 
 inspectors when commissioner may appoint 158 
 
 evidence to be furnished commissioner on 158 
 
 duty of officers on 158 
 
 inspectors, powers of 158 
 
 penalty 158 
 
 report to commissioner 159 
 
 costs of 159 
 
 inspectors, appointment of by company 159 
 
 powers of 159 
 
 penalties 159 
 
 report of inspectors, when evidence 159 
 
 auditors, appointment of 159 
 
 commissioner, appointment by 159 
 
 director or officer not to be 159 
 
 nomination, notice of 159 
 
 appointment of first 160 
 
 appointment of subsequent 159 
 
 remuneration of 160 
 
 vacancy in, how fiUed 160 
 
 powers and duties of 160 
 
 report of, contents of 160 
 
 to be attached to balance sheet 160-161 
 
 shareholders entitled to copy 160 
 
 penalties 160-161 
 
 debenture holders, rights of 161 
 
 private company, not to apply to. . . . .- 161 
 
Index. 831 
 
 The figures refer to the top paging. 
 
 Page. 
 Gompanies — Continued . 
 
 Interpretation 109 
 
 "Articles" 109 
 
 "Books and papers" 110 
 
 "Company" 109 
 
 "CouncU" 110 
 
 "Charter" 109 
 
 "Charter and regulations" ' 109 
 
 "Company limited by shares" 110 
 
 "Director" 110 
 
 "Document" 110 
 
 "Debenture" 110 
 
 "Existing Company" 109 
 
 "Extra-territorial Company" 109 
 
 "General Rules" 110 
 
 "Memorandum" 109 
 
 "Prescribed" 110 
 
 "Prospectus" 110 
 
 "Real estate or land" 110 
 
 ': Share" : 110 
 
 "Shareholder" 110 
 
 "Subscriber" 110 
 
 "The Court" 110 
 
 "The Registrar" 110 
 
 Joint Stock Companies, definition of 216 
 
 Land, definition of 110 
 
 dividends from sale of 130-131 
 
 Legal proceedings and offences 221 
 
 offences, prosecution of 221 
 
 fine, application of by court 221 
 
 security for costs, order for 221 
 
 breach of trust, relief against 221 
 
 ' 'Limited," penalty using unless incorporated 221 
 
 applications to court 222 
 
 motion, when by 222 
 
 petitions, when by 222 
 
 adjournment, power of court as to 222 
 
 penalties, judge may relieve from. 222 
 
 Limited, Company, may provide uncalled capital be not called 222 
 
 Meetings and proceedings 134 
 
 one meeting in every calendar year 134 
 
 court may direct calling on default 134 
 
 to be held in territory 134 
 
 extra territorial company not applicable to 134 
 
 statutory meeting 134 
 
 time of holding 134 
 
 report to be sent before meeting 134 
 
 contents of 134-135 
 
 to be certified - 134 
 
 to be filed with registrar 135 
 
 list of members to be produced at 135 
 
832 Index. 
 
 The figures refer to the top paging. 
 
 PAge. 
 Companies— Continued. , 
 
 Meetings, proceedings at I35 
 
 court may direct report be filed 135 
 
 court may order meeting ■ I35 
 
 Extraordinary General Meeting 136 
 
 requisition for 136 
 
 objects of to be stated in notice 136 
 
 directors failing to call on requisition 136 
 
 resolution of requiring confirmation 136 
 
 pro-visions as to meetings and votes 136-137 
 
 Company being a member may appoint a person to act at 137 
 
 extraordinary and special resolutions 137 
 
 definition of 137 
 
 passage of 137 
 
 poll on 137 
 
 copy to be filed with registrar T 138 
 
 copy to be annexed to articles 138 
 
 copy to be sent to members 138 
 
 default, penalty for 138 
 
 directors, liabiUty for default 138 
 
 minutes of meeting to be kept 138 
 
 if signed, evidence of proceedings ; 138 
 
 evidence meeting duly convened 138 
 
 Member, definition of J 119 
 
 register of to be kept ; 119-120 
 
 penalty for default 120 
 
 annual list to be made 120 
 
 particulars to contain 120 
 
 contents of Ust 120 
 
 time for completion of 121 
 
 list to be filed with registrar 121 
 
 penalty on default 121 
 
 extra-territorial companies to file statement 121 
 
 stock to be shown in register 126 
 
 trusts not to be entered on register 121 
 
 transferee to be entered in register 121 
 
 increase of, notice to be given registrar 126 
 
 Memorandum, definition of ■ 109 
 
 Memorandum of association 113 
 
 a company limited by shares 113 
 
 a company limited by guarantee 113 
 
 unlimited company 114 
 
 particulars in 113-114 
 
 execution of 114 
 
 alterations in, restrictions 114 
 
 articles, when to be filed with 116 
 
 effect on registration 117 
 
 moneys due, debt to company 117 
 
 to be registered with registrar 118 
 
 copies to be given members. , 118 
 
 fee for 118 
 
 default, penalty for 118 
 
Index 833 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. 
 
 Minimum subscription, definition of 147 
 
 Mining Companies, non-personal habiUty 163 
 
 powers of 163 
 
 shares to be specially marked 165 
 
 charter, etc., to be specially marked 166 
 
 penalty in default 166 
 
 assessment on shares enforcing payment of 166 
 
 sale in default of payment 166 , 
 
 notice of sale 166 
 
 liability of shareholders 166 
 
 existing companies 167 
 
 re-incorporation of as limited company 167 
 
 resolution for 167 
 
 effect of 167-168 
 
 fee on 167 
 
 certificate of registrar 167 
 
 powers m'ay be extended on 168 
 
 name, change of on 168 
 
 allotment of shares on 168 
 
 articles of association on 168 
 
 certificate, registrar may refuse 168 
 
 comt may grant on appeal 168 
 
 "• to be pubhshed 169 
 
 Mortgages, charges, etc 151 
 
 description of 151 
 
 void against purchasers unless registered 151 
 
 time for registration of 152 
 
 registration, provisions as to 152 
 
 Registrar to enter in register 152 
 
 debentures, particulars of to be filed 152 
 
 particulars to include commissions, etc 153 
 
 certificate of registration 153 
 
 copy of to be endorsed on debentures 153 
 
 registration on application of person interested 153 
 
 register of, open to inspection 153 
 
 copy of to be kept at registered office 153 
 
 receiver, notice of appointment of to be given registrar .... 154 
 
 penalty on default 154 
 
 to file documents with registrar 154 
 
 penalty on default 154 
 
 Judge may extend time for registration of 154 
 
 satisfaction, memorandum to be entered 154 
 
 penalty in default of registration of 155 
 
 in default of entry of certificate on debentures 155 
 
 register of, company to keep 155 
 
 entries in 165 
 
 penalty on default 155 
 
 inspection to be permitted 155 
 
 penalty on default 155 
 
 inspection of register of debentures 155 
 
 70263—53 
 
834 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. 
 
 Mortgages, charges, etc., trust deed, copy to be supplied 156 
 
 penalty on refusal to permit inspection 156 
 
 Name of Company 114 
 
 not to be that of a company in existence 114 
 
 not calculated to deceive 114 
 
 change in of company already incorporated 114 
 
 not to affect litigation pending 114 
 
 may change with approval of registrar 115 
 
 notice in Gazette of 115 
 
 new name to be entered in register 115 
 
 not to affect any rights 115 
 
 registrar may reserve for 14 days 115 
 
 to be affixed or painted on every oflBce 133 
 
 engraved on seal 133 
 
 on all documents 133 
 
 penalty on deafult 133 
 
 directors, liability of on default 133 
 
 Objects of company 113 
 
 company limited by shares 113 
 
 company limited by guarantee 113 
 
 unliniited company 114 
 
 mining company 163 
 
 alteration in •. . . 115 
 
 resolution for 115 
 
 petition to court to confirm 115 
 
 order of court confirming 116 
 
 notice to debenture holders and others 115 
 
 office copy of order to be filed 116 
 
 time for filing 116 
 
 court may extend 116 
 
 default, penalty on 116 
 
 Office and name 133 
 
 Partnership exceeding 20 persons prohibited 112 
 
 Prescribed, definition of 110 
 
 Private company, definition of 163 
 
 Private company, 163 
 
 transfer of shares restricted 163 
 
 members hmited to 50 163 
 
 invitation to public to subscribe prohibited. . . .' 163 
 
 pubhc company, may turn itseK into by resolution 163 
 
 resolution to be filed 163 
 
 joint holders of shares in 163 
 
 Promoter, definition of 146 
 
 Prospectus, definition of 110 
 
 Prospectus 141 
 
 to be dated 141 
 
 to be signed 141 
 
 to be filed with registrar 141 
 
 registrar not to file unless signed 14^ 
 
 to state on face has been filed 1^ 
 
Index 835 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued . 
 Prospectus. 
 
 penalty '. 142 
 
 particulars to be stated in 142-143 
 
 contents of memorandum 142-143 
 
 share qualifications of directors 142 
 
 name of directors 142 
 
 minimum subscription to allotment 142 
 
 shares and debentures number of 142 
 
 vendors, names and additions of 142 
 
 commissions, amounts paid 142-143 
 
 preliminary expenses ' 143 
 
 promoters, amounts paid to ^ 143 
 
 contracts 143 
 
 inspection of 143 
 
 auditors names, etc 143 
 
 directors, interest in property 143 
 
 Vendor definition in 113 
 
 publication of 144 
 
 directors, liability of in default 144 
 
 statement in lieu of 144-145 
 
 contract in, restrictions on alteration 145 
 
 untrue statements, directors liability 145 
 
 when not liable 146 
 
 loss, liability for 145 
 
 contribution, recovery of 146 
 
 Public Utilities. 
 
 See Utilities, Public. 179' 
 
 Railway companies, not applicable to 112 
 
 Real estate, definition of 110 
 
 Reduction of paid-up capital out of profits 124 
 
 Reduction of share capital 
 
 See Share Capital, reduction of. 127 
 
 Register of members 119 
 
 annual list of 120 
 
 trusts, not entered in 121 
 
 transfer of shares in 121 
 
 kept at registered office , 122 
 
 inspection open to 122 
 
 copy to be forwarded ■'. * 122 
 
 penalty, on refusal 122 
 
 closing, provisions as to 122-123 
 
 rectification, power of court as to 123 
 
 appUcation to court for 123 
 
 jurisdiction of court on 123 
 
 notice to registrar 123 
 
 prima face evidence 123 
 
 share warrants, entry in. . . 123 
 
 stock to be shown in 123 
 
 Registers in existing offices to be continued 223 
 
 70263—53* 
 
836 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued . 
 
 Registered office 133 
 
 Company to have '. 133 
 
 situation of, notice to registrar 133 
 
 penalty on default 133 
 
 Registrar, appointment of HI 
 
 duty of 112 
 
 definition of HO 
 
 office and fees 213 
 
 assistant, appointment of 213 
 
 seals of 214 
 
 documents, inspection of 214 
 
 fees on 214 
 
 copies of 214 
 
 fees for 214 
 
 certified copy evidence 214 
 
 fees of 214 
 
 Territorial treasurer, fees to 214 
 
 Reorganization of share capital 
 
 See Share Capital, reorganization of 127 
 
 Repealed ordinances 222 
 
 part IX to apply to companies incorporated under 222 
 
 disposition of companies under 222 
 
 repealing clause, construction on 223 
 
 documents, construction of 223 
 
 winding-up prior to, not applicable to 223 
 
 mortgages, deeds, etc., not affected 223 
 
 Reserve liabiUty of limited company 132 
 
 Rules, commissioner may make Ill 
 
 Rules and regulations 223 
 
 commissioner may make 223 
 
 registrar, power as to 224 
 
 companies incorporated by ordinance 224 
 
 Schedule, First 224 
 
 articles of association 224^-241 
 
 fees payable to registrar ^ 241-244 
 
 Schedule, Second 244r-257 
 
 memorandum, Umited company 244 
 
 limited by guarantee 245 
 
 share capital limited by guarantee 250 
 
 unlimited company 251 
 
 statement required by Part 3 253 
 
 pubUshed by societies, etc 255 
 
 in Ueu of prospectus 256 
 
 Seal for use outside Territory 141 
 
 appointment of person to use 141 
 
 user of 141 
 
 binds company when affixed 141 
 
 Service and authentication of documents Igl 
 
 Share, definition of HO 
 
 Share capital, alteration of 126 
 
 power to alter 125 
 
Index 837 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. 
 
 Share capital by special resolution 126 
 
 memorandum to show 126 
 
 penalty in default 126 
 
 cancellation of shares deemed reduction of * 126 
 
 notice to registrar of 126 
 
 stock, conversion into shares 126 
 
 shares, conversion into stock 126 
 
 effect of 126 
 
 increase, notice to registrar 126 
 
 penalty in default 127 
 
 Share capital, reorganization of ' 127 
 
 by resolution, confirmed by court 127 
 
 preference, alteration in, requirements 127 
 
 order of court certified copy to be filed 127 
 
 Share, capital, reduction of 127 
 
 special resolution for 127 
 
 order of court confirming 128 
 
 court, powers respecting 128 
 
 " and reduced " added to name 128 
 
 creditors may object to if court directs 128 
 
 court to settle list of 128 
 
 court may dispense with consent to 128 
 
 order confirming reduction 129 
 
 registrar to register order 129 
 
 resolution to take effect on 12ff 
 
 certificate of registration 129 
 
 minute of on registration, effect of 129 
 
 to be embodied in memorandum 129 
 
 penalty on default 129 
 
 UabUity of members in respect of reduced shares 129 
 
 concealment of name of creditor 130 
 
 penalty for 130 
 
 publication of reasons for, court may require 130 
 
 company limited by guarantee may reduce or increase 130 
 
 reduction by certain land companies 130 
 
 dividends from sale of shares 130-131 
 
 Shareholder, definition of 110 
 
 Share Warrajit, definition of 123 
 
 Share warrants, 123 
 
 what companies may issue 123 
 
 effect of 123 
 
 what holder of entitled to 123 
 
 holder may be deemed a member 124 
 
 register, what to be entered in 124 
 
 Shares, allotment of 146 
 
 minimum subscription when amount subscribed 146 
 
 amount offered subscribers 146 
 
 sum payable on application to be paid 146 
 
 minimum payable on application 147 
 
 if not paid in 60 days 147 
 
838 Index 
 
 The figures refer to the top paging. 
 
 Companies — Continued. 
 
 Shares, allotment of first allotment, when made 147 
 
 irregular, effect of 147 
 
 directors, Uability on irregular allotment 147 
 
 commencement of business, restrictions on 148 
 
 shares not less than minimum subscription allotted 148 
 
 directors paid amoimt due on 148 
 
 statutory declaration filed 148 
 
 statement to be filed 148 
 
 certificate, registrar to issue 148 
 
 contracts before, provisional only 148 
 
 not applicable when 148 
 
 penalty on contravention 148 
 
 private company, not applicable to 148 
 
 returns to be filed 149 
 
 returns to be filed of shares allotted 149 
 
 particulars of contract to be filed 149 
 
 penalty on default 149 
 
 Court may relieve from 149 
 
 Shares, certificates of 151 
 
 limitation of time for delivery 151 
 
 penalty in default 161 
 
 Shares, personal estate 119 
 
 to be numbered 119 
 
 certificate, evidence of title 119 
 
 transfer to be entered on register 121 
 
 executor, etc., may vote on 122 
 
 non-personal MabiUty of 122 
 
 mortgagees not personally liable on 122 
 
 differential 124 
 
 Special and extraordinary resolution 137 
 
 Statements to be published by certain companies 158 
 
 form of 158 
 
 time for 158 
 
 copy, member, etc., entitled to 158 
 
 penalty on default 158 
 
 Statutory declaration of compliance 118 
 
 Statutory meeting 134 
 
 See Meetings and Proceedings. 
 
 Statutory report 134 
 
 Steamboat companies not incorporated under 112 
 
 Subscriber, definition of 110 
 
 Telegraph company not to be incorporated under 112 
 
 Traveller, etc., sales by 177 
 
 Unlimited, may register as limited 131 
 
 not to affect debts or obligations 131 
 
 former registration to be closed on 131 
 
 increase of share capital on 132 
 
 resolution for ."". 132 
 
 uncalled share capital providing not capable of being called 132 
 
Index 839 
 
 The figures refer to the top paging. 
 
 Page. 
 Gomps^nles — Contmued. 
 
 Unregistered, extra territorial 177 
 
 process against 178 
 
 definition of, in this part 177 
 
 process, service of 178 
 
 pubUcation of 178 
 
 validity of 178 
 
 judgment, proceedings to obtain 178 
 
 averment in action ;against 178 
 
 remedies against not abridged 178 
 
 Utilities, PubUc 179 
 
 definition of 179 
 
 application, evidence to accompany 179 
 
 capital proposed 179 
 
 description of plant 179 
 
 estimate of cost 179 
 
 by law of municipality > 179 
 
 unorganized district, authority in 179 
 
 plant to be acquired, description of 179 
 
 experts, reference of plans to 179 
 
 letters patent for an order of commissioner 179 
 
 application, notice to be published 180 
 
 supplementary letters 180 
 
 evidence on application for 180 
 
 by-laws, power to make -. 180 
 
 to be approved by commissioner 180 
 
 to be published 180 
 
 report, annual, to registrar 180 
 
 contents of 180 
 
 books of accounts open to shareholders 180 
 
 books, inspection of by commissioner 180 
 
 term of, extension by commissioner 181 
 
 works, erection of 181 
 
 contracts, municipal 181 
 
 streets, use of 181 
 
 products, sale of 181 
 
 mains, pipes, etc., power to lay .• 182 
 
 protection of 182 
 
 property, right of passage over 182 
 
 common passages, right to break up 182 
 
 compensation for damage 183 
 
 procedure for ^ 183 
 
 public health, not to endanger 183 
 
 limitation of powers of 183 
 
 exclusive privilege, not to interfere with 183 
 
 individual may construct for his own use 183 
 
 limitations of 183 
 
 habiUties of 183 
 
 distress, property of not liable on 183 
 
 rates of, non-payment by consumer 184 
 
 may cut off service on 184 
 
840 Index 
 
 The figures refer to the top paging. 
 Companies — Continued . 
 
 Utilities, rates of, may recover cost of 184 
 
 entry on premises by employees of 184 
 
 right to 184 
 
 notice to be given 184 
 
 removal of property from 184 
 
 fittings, removal of from premises of customer ,. . . . 184 
 
 expropriation of land 185 
 
 arbitration on 185 
 
 arbitrators, appointment of 185 
 
 when judge may appoint 185 
 
 powers of and duties of 185 
 
 award of 185 
 
 award, time for payment of 185 
 
 company to supply 185 
 
 applies to companies heretofore incorporated 185 
 
 Vendor, definition of 113 
 
 Winding up 
 
 modes 186 
 
 contributories, liability of 186 
 
 present and past members 186 
 
 directors, additional hability as 187 
 
 definition of 187 
 
 nature of liability 187 
 
 deceased members, representatives of 187 
 
 by court 188 
 
 companies, applicable to 188 
 
 circumstances under which may be 188 
 
 petition for 188 
 
 who may apply 188 
 
 petition by liquidator, when 188 
 
 order operates in favour of creditors 189 
 
 restraining order 189 
 
 who may make 189 
 
 powers of court on application for 189 
 
 actions stay on 189 
 
 order, copy to be filed 189 
 
 stay of, court may order 190 
 
 creditors, wishes of, court to regard 190 
 
 Uquidators 190 
 
 appointment of 190 
 
 who may be 190 
 
 notice to registrar 190 
 
 security by 190 
 
 more than one appointed 190 
 
 resignation of 190 
 
 removal for cause 190 
 
 salary of 190 
 
 description of 190 
 
 vaUdity of acts of 190 
 
 custody of property by 191 
 
 powers of 191 
 
Index 841 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies— Continued. 
 
 Winding up, liquidators, actions to bring 191 
 
 carry on business of company 191 
 
 employment of solicitor by 191 
 
 sale of property by 191 
 
 execution of deeds, etc., by 191 
 
 proof of r^ank and claim on distribution 191 
 
 bUls and notes, drawing and accepting 191 
 
 raising moneys on security 191'" 
 
 letters of administration by 191 
 
 power to do all things necessary 192 
 
 provisional appointment of 192 
 
 subject to control of courts 192 
 
 to bank moneys 192 
 
 penalty on default 192 
 
 privaite account, not to keep moneys in 192 
 
 accounts to be sent clerk of court 192 
 
 accounts to be verified 192 
 
 audit of accounts of 192 
 
 order of court for 193 
 
 audited account to be filed '. 193 
 
 inspection, open to 193 
 
 copy to be sent each creditor, etc 193 
 
 books to be kept by ; 193 
 
 entries in 193 
 
 release by court '. 193 
 
 when withheld 193 
 
 effect of 193 
 
 control of powers of 193-194 
 
 meetings, may summon 194 
 
 directions, may apply for 194 
 
 discretion by 194 
 
 person aggrieved may apply to court 194 
 
 inquiry by court as to acts of 194 
 
 special manager, appointment by 195 
 
 security by 195 
 
 remuneration of 195 
 
 creditors and contributories 192 
 
 meetings of 192 
 
 purpose of 192 
 
 Committee of inspection on 194 
 
 appointment of 194 
 
 constitution of 194 
 
 meetings of 195 
 
 majority may act i 195 
 
 resignation of member of 195 
 
 insolvency of member creates vacancy 195 
 
 removal of member 195 
 
 two members, when may act 195 
 
 when liquidator may act 195 
 
 Court, powers of 195-196 
 
842 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued . 
 
 Winding up, liquidators— Cojitinued. 
 
 contributories, settlement of list 196 
 
 property, to require delivery of 196 
 
 order for payment of debts by contributory 196 
 
 set off on 196 
 
 calls may make 196 
 
 order payment of money into bank 197 
 
 order conclusive evidence 197 
 
 accounts if creditors proving 197 
 
 exclusion of creditors 197 
 
 adjustments of rights of contributories 197 
 
 costs 197 
 
 dissolution, order for 197 
 
 order, reported to registrar 197 
 
 penalty on default. '. 197 
 
 delegation to liquidators 198 
 
 Court, extraordinary powers of 198 
 
 summon persons suspected of having property 198 
 
 examination of on oath ". 198 
 
 production of papers by 198 
 
 apprehension of for disobeying order 198 
 
 promoters, etc., examination of 198 
 
 Uquidator may take part in : 199 
 
 oath, examination on 199 
 
 liquidators, report to be furnished 199 
 
 notes to be taken 199 
 
 adjournment of 199 
 
 who may hold 199 
 
 absconding contributory, power to arrest 199 
 
 cumulative powers 199 
 
 orders, enforcement of 200 
 
 appeal from 200 
 
 Voluntary Winding-up 200 
 
 circumstances under which may be 200 
 
 commencement of, time of 200 
 
 effect of 200 
 
 resolution for, advancement of 200 
 
 consequences of 201 
 
 property to be appUed to satisfy liabilities 201 
 
 liquidator to be appointed 201 
 
 directors, powers to cease 201 
 
 hquidator, powers of 201 
 
 contributories, settling 201 
 
 several liquidators, powers of 201 
 
 liquidators, when court may appoint 201 
 
 removal by 201 
 
 notice of to be filed 201 
 
 penalty on default 201 
 
 creditors rights on 201 
 
 meetings of 201 
 
Index 843 
 
 The figures refer to the top paging. 
 Companies — Continued. 
 
 Voluntary winding-up, new liquidator on application of 202 
 
 order of court on 202 
 
 no appeal 202 
 
 costs 202 
 
 arrangement with binding on the company. 202 
 
 appeal from ^ 202 
 
 Liquidator 
 
 vacancy, power to fill 202 
 
 delegation of power to appoint 202 
 
 power to accept shares on sale 203 
 
 special resolution giving 203 
 
 dissentient member, appeal by 203 
 
 liquidator may purchase shares of 203 
 
 special resolution, invalidity of 203 
 
 arbitration, provisions as to 203 
 
 arbitration ordinance applies 203 
 
 application to court 204 
 
 general meetings, power to call 204 
 
 when must call meetings 204 
 
 final meeting and dissolution 204 
 
 notice of 204^ 
 
 return of to be made to registrar 204 
 
 registrar to register 204 
 
 dissolution, court may defer 204 
 
 costs, etc., payable out of assets 205 
 
 proceedings of, court may adopt 205 
 
 supervision of Court under '. 205 
 
 court may make order for 205 
 
 petition for, effect of 205 
 
 court may regard wishes of creditors 205 
 
 hquidator, powers of court as to 205 
 
 supervision order, effect of 206 
 
 supplementary provisions 206 
 
 affidavits, who may take 211 
 
 books- to- be evidence 209 
 
 inspection of 209 
 
 disposal of 209 
 
 Debts to be proved 206 
 
 ranking equally. . r. .;. 207 
 
 delinquent directors, damages against _.' 208. 
 
 prosecution of 208 
 
 dissolution, coxat may declare void 210 
 
 application for order 210 
 
 orSer to be filed 210 
 
 evidence, commissioner to take 211 
 
 may summon witnesses 211 
 
 retiu:n to court 211 
 
 executions void on ; 207 
 
 fraudulent preference 207 
 
 general scheme of 207 
 
 by the court 208 
 
^ 844 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Companies — Continued. 
 Winding Up — Concluded. 
 
 Liquidator, by resolution 208 
 
 acts which may be sanctioned 208 
 
 meetings of creditors 209 
 
 officers of court to make returns ~ 211 
 
 preferential payments 206 
 
 register, defunct company to be struck off 212 
 
 proceedings on 212-213 
 
 application to restore 212 
 
 registrar, orders of evidence 211 
 
 rules and fees for 212 
 
 commissioner may make 212 
 
 to be Iftid before Yukon Council 212 
 
 fees imd^ 212 
 
 shares, transfer after commencement of 206 
 
 signatiu-es, judicial notice of . . , 211 
 
 statement to be sent registrar 210 
 
 inspection of 210 
 
 penalty on default 210 
 
 unclaimed assets, disposition of 210 
 
 person claiming to apply 210 
 
 payment of, order for 210 
 
 appeal ; 211 
 
 Territorial Secretary 
 
 certificate of evidence 212 
 
 Compensation to families, persons Icilled by accident. 
 
 Action for damages 258 
 
 how brought 258 
 
 for whose benefit 258 
 
 one action only 258 
 
 must be within one year 258 
 
 " Child," interpretation of 258 
 
 Interpretation 258 
 
 Limitation of action 258 
 
 " Parent," interpretation of T 258 
 
 Recoverable notwithstanding death 258 
 
 Conditional Sales of Goods 
 
 See Hire Receipts, etc. 396 
 Constables. 
 
 Appointment of 259 
 
 by whom 259 
 
 Duration of office 259 
 
 Powers and duties of, Territorial 259 
 
 Oath to be taken 259 
 
 Constitutional and other Questions. 
 
 Appeal. . : 260 
 
 Attorney General of Canada, notice to „ 260 
 
 Commissioner, reference by 260 
 
Index 846 
 
 The figures refer to the top paging. 
 
 Page. 
 Constitutional and other Questions — Continued. 
 
 Court, decision of 260 
 
 to state reasons 260 
 
 may request counsel 260 
 
 Decision final for purpose of appeal "". 260 
 
 Interpretation 260 
 
 "Court" 260 
 
 "Judge" 260 
 
 Notice to Attorney General of Canada 260 
 
 to persons interested 260 
 
 Reference by commissioner 260 
 
 Contagious Diseases 
 
 See Public Health. 382 
 Controverted Elections 
 
 Address for service on petitioner 262 
 
 respondent 262 
 
 Admission by respondent of undue election 266 
 
 Appeal, proceedings on 267 
 
 Application to set aside petition 262 
 
 Applications to be by summons 264 
 
 Ballots not to be counted by judge 268 
 
 Candidate claiming seat, objections by respondent 262 
 
 report of jjidge in case of 265 
 
 " Clerk " defined 261 
 
 Costs, security for 261 
 
 discretion of judge 266 
 
 dismissal for want of prosecution on 264 
 
 as en cause in court 265 
 
 on withdrawal 266 
 
 payment out of security 266 
 
 Dismissal of petition for non-prosecution 264 
 
 for want of proof 266 
 
 Election set aside, writ to issue 265 
 
 Forms 268 
 
 Fees, Judicature tariffs apply 265 
 
 Interpretation 261 
 
 " Judge " defined 261 
 
 report of 265 
 
 Judicature ordinance, provisions apply to petition 265 
 
 appeals 267 
 
 Petition against return, time for 261 
 
 who may petition 261 
 
 form and contents of : 261 
 
 fiUng of 261 
 
 service of, time and manner , ' 261-262 
 
 extension of time for ,. . . / 262 
 
 substitutional 262 
 
 Service, address for of petitioner, 262 
 
 where address omitted, see Respondent 262 
 
 evidence need not be stated in 263 
 
846 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Controverted Elections — Continued. 
 
 Service, when at issue 264 
 
 deemed cause in court 265 
 
 Particulars of petition, application for 263 
 
 time of 263 
 
 order for 263 
 
 objections where seat claimed for defeated candidate, application for. . . 263 
 
 time of 263 
 
 order for 263 
 
 Recoimt of ballots not permitted : 268 
 
 Report of judge 265 
 
 holdmg, pending appeal if stay 265 
 
 after appeal heard 265 
 
 Respondent, service of petition on 261-263 
 
 address for service to be given 262 
 
 service where omitted 262 
 
 application by, to set aside petition 262 
 
 time for 662 
 
 grounds for 262 
 
 costs 262-262 
 
 for particulars 263 
 
 non-prosecution by petitioner, may apply for dismissal 264 
 
 may admit undue election 266 
 
 Security to be deposited with petition , 261 
 
 costs payable out of 266 
 
 Service of petition, see Petition 261 
 
 Stay of proceedings pending appeal 267 
 
 setting aside 267 
 
 Title 261 
 
 Time for presentation of petition 261 
 
 Trial of petition 265 
 
 appointment of time and place for 265 
 
 if not applied for by petitioner, respondent may apply for dismissal 264 
 
 trial may be ordered on such appUcation 264 
 
 Writ of election, issue of, if election set aside 266 
 
 Withdrawal of petition, filing 266 
 
 service on respondent 266 
 
 costs ia case of 266 
 
 of objections to claim of defeated candidate 266 
 
 filing 266 
 
 serving 266 
 
 costs in case of 266 
 
 Corporations. General powers and incidents of. 
 
 See Interpretation. 7 
 Costs of Distress. 
 
 In extra judicial seizures 289 
 
 Council, Yukon 269 
 
 See Yukon Council. 
 
Index §47 
 
 The figures refer to the top paging. 
 
 Page. 
 Creditors Relief. 
 
 Attachment of goods, proceeds of, distribution 279 
 
 Book to be kept by sheriff 278 
 
 Contest among creditors, scheme of distribution 281 
 
 Contestation of interpleader proceedings 278-279 
 
 Costs first charge on moneys levied 279 
 
 Deposit of moneys levied in bank 282 
 
 Distribution of moneys levied 278 
 
 questions as to, scheme for 281 
 
 exception, exempted goods 282 
 
 Employees, preferential claim of 282 
 
 Execution, creditors by, only, to share ., 280 
 
 goods or lands, share in proceeds of either 279 
 
 pajonent without seizure 280 
 
 return of, when to be made 280-281 
 
 stay or withdrawal of, effect 280 
 
 Forms 7 283 
 
 Fund in court belonging to debtor, seizure of 280 
 
 Goods exempt on general writs, proceeds not distributable 282 
 
 execution, shares in proceeds lands 279 
 
 Interpleader proceedings, carriage of, scheme of distribution 281 
 
 Interpretation " judge," " sheriff " 278 
 
 Irregularities not to avoid proceedings 282 
 
 Levy, notice of to be entered: 278 
 
 particulars to be kept 281 
 
 second or further, procedure 279 
 
 Lands, execution, shares in proceeds goods 279 
 
 sale of, time for distribution 278 
 
 Moneys in court, seizure of 280 
 
 levied, notice of 278 
 
 to be placed in bank 282 
 
 Notice of levy to be entered by sheriff 278 
 
 Payment of execution voluntarily without sale 279 
 
 Poundage, computation of 28o 
 
 Priorities among creditors abohshed 278 
 
 Questions as to distribution, scheme 28l 
 
 Return of execution 28o 
 
 Salary, priority of claim for 28o 
 
 Scheme of distribution ,. 28l 
 
 Seizure, one sufficient 28o 
 
 Sheriff, book and statement to be kept by 278-28,1 
 
 compelling payment by 28i 
 
 duties after levy on execution 27g 
 
 moneys to be placed in bank by 282 
 
 poundage 28o 
 
 to give information 282 
 
 Short title 278 
 
 Stay of execution 280 
 
 Wages, priority of claim for 282 
 
 Withdrawal of execution 280 
 
848 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Deaths, Births, Marriages and 
 
 Registration of 61 
 
 See Vital Statistics. 
 Dentistry. 
 
 Certificate of registration 285 
 
 Examiners, board of, commissioner to appoint 285 
 
 duty of 285 
 
 Fees, annual 286 
 
 name to be erased if not paid 286 
 
 unregistered practitioner cannot recover 287 
 
 Penalty for practising without registration 287 
 
 Penalties 287 
 
 Physician, registered, ordinance not to apply to 287 
 
 Prosecution of unregistered practitioner 287 
 
 Register, entries in 284-286 
 
 Territorial Secretary to keep 284 
 
 publication of 287 
 
 Registration 284 
 
 effect of 285 
 
 qualification for 284 
 
 fee on 284r-285 
 
 certificate of 285 
 
 Short title 284 
 
 Students of dentistry, articles to be filed 285 
 
 Surgeons, registered, ordinance not to apply to 287 
 
 Unregistered practitioner, prosecution of 287 
 
 cannot recover fees 287 
 
 Deputy Clerk of Territorial Court. 
 
 See Clerk and Deputy of Court. 90 
 
 Deputy Sheriffs. 
 
 See Sheriffs. 765 
 
 Distress for Rent and Extra Judicial Seizures. 
 
 Costs in distraints limited 289 
 
 in seizure under chattel mortgages, etc., limited 289 
 
 penalty for taking imauthorized 289 
 
 Distraint for rent Umited to property of tenant 289-290 
 
 for interest on mortgage limited to goods not exempt from seizure under 
 
 executions 290 
 
 notice to be given before sale 290 
 
 Dogs. 
 
 All penalties to be paid to treasurer 294 
 
 Fees, owner of dog impounded to pay 293 
 
 if not paid dog to be sold 293 
 
 How sum realized to be apportioned 293 
 
 Interpretation "Dog," "Muzzled," "Owner," "Peace Officer," "Pound," "Running 
 
 at large" 291 
 
 Judgment to be recovered against officer 292 
 
 License to be numbered 292 
 
 No dog to run at large 291 
 
 Owner to take out license 291 
 
 penalty -291 
 
InUex 849 
 
 The figures refer to the top paging. 
 
 Page. 
 Dogs — Continued. 
 
 Owner of dog impounded to pay fees 293 
 
 Owner to state number of dogs owned or kept 294 
 
 penalty 294 
 
 Poundkeeper, how appointed 292 
 
 to issue license upon payment of fee 292 
 
 to give tag with license 292 
 
 to enter particulars of license on counterfoil 292 
 
 to make quarterly returns 293 
 
 to keep record of dogs impounded 293 
 
 to report sale of dog 293 
 
 Treasurer, after three months balance paid to 294 
 
 Driving of Logs, etc. 
 
 See Logs. 639 
 Druggists and Chemists . 
 
 See Chemists and Druggists. 97 
 Education. 
 
 See Schools. 732 
 Elections. 
 
 Agent, appointment of by candidate 305 
 
 to appoint scrutineers 305 
 
 transfer of vote of 306 
 
 refusal to take oath 306 
 
 entitled to certificate of votes 311 
 
 corrupt practice by 317-319 
 
 Agents and scrutineers 305 
 
 not more than two for each candidate to be present at counting 310 
 
 Ballot boxes, procuring of 299 
 
 how constructed 299 
 
 name, etc., polling place upon 299 
 
 sealing of 309 
 
 custody of 312 
 
 Ballot papers, to be provided by returning officer 302 
 
 number of 302 
 
 form of 302 
 
 what to contain 302 
 
 tendered ballot papers 302 
 
 colour of 302 
 
 initialling of 307 
 
 voter may dechne when not initialled 330 
 
 to be detached from counterfoil 907 
 
 spoiled by voter before use another to be given 307 
 
 discrepancy in number of if found at count 319 
 
 penalty 319 
 
 secrecy of 319 
 
 penalty for violation 319 
 
 Bribery. 
 
 See Corrupt Practices. 317 
 
 Candidate, deposit by with nomination paper 300 
 
 forfeiture of deposit 300-301 
 
 70263—54 
 
850 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Elections — Continued. 
 Candidate — Continued. 
 
 withdrawal after nomination 301 
 
 forfeiture of deposit on 301 
 
 to be represented by agent 305 
 
 agent appointment of by 305 
 
 electors may represent when no agent 305 
 
 declared elected to be deemed duly elected unless judge otherwise declares 314 
 
 not to resign after close of poll until decision 316 
 
 death of 299 
 
 certificate of votes to be given to 311 
 
 Casting vote of returning officer 314 
 
 on recount 316 
 
 Close of poU, proceedings at 309-312 
 
 Clerk of Court, custody of ballot boxes by 314 
 
 to destroy ballots after all proceedings concluded 316 
 
 Commissioner may divide into polling divisions 295 
 
 may appoint revisors 295 
 
 Constables, Deputy Returning Officer and Poll Clerk to have powers of 303 
 
 Counterfoil, number in poll book opposite name of voter to be entered in 307 
 
 Count by Deputy Returning Officer 309-312 
 
 Returning Officer 312-313 
 
 Corrupt practices 317-319 
 
 penalty for 318 
 
 Deposit by candidate 300 
 
 on nomination 300 
 
 how to be made 300 
 
 to be retiu-ned to candidate, when 300 
 
 forfeiture of 300 
 
 Death of candidate , 299 
 
 Declaration of election 314 
 
 notice of names of candidates elected to be published 316 
 
 Deputy returning officers, appointment of 302 
 
 oath by 303 
 
 list of to be furnished candidate 303 
 
 election materials to be supplied to 303 
 
 material not received, may supply 303 
 
 poU book supphed to, form of 303 
 
 to appoint poll clerk 303 
 
 to prepare polling place for election 303 
 
 proceedings by at opening of poll 304 
 
 entry of objections by in poU book 304 
 
 to have powers of constable 303 
 
 initialling ballot by 307 
 
 to explain mode of voting 307 
 
 count by 309-312 
 
 entry of objections after close of poll 309 
 
 opening of ballot box and papers by, 309 
 
 certain ballots not to be counted by 310 
 
 objections to ballot papers, entry of 310 
 
 statement of votes 310 
 
 ballot papers rejected and not counted, mode of entry 310 
 
Index 851 
 
 The figures refer to the top paging. 
 
 ' Page. 
 Elections — Continu ed . 
 
 Deputy feturning officer— Continued. 
 
 certificate, total number of votes in book by 311 
 
 certificate of votes to be given candidate or agents 311 
 
 to seal up ballots, etc 311 
 
 disposition of election material by . 311 
 
 delivery to returning officer by .' . . 311-312 
 
 penalty in case discrepancy in number of ballots found at count .^ . . . 319 
 
 statement in poll book by 312 
 
 not to enter into scrutiny of votes 312 
 
 Directions to voters 308 
 
 Election clerk, appointment of 298 
 
 duties of 298 
 
 oath of office by 298 
 
 responsible when acting as returning officer 298 
 
 penalties '' 298 
 
 failure of duty by, penalty 319 
 
 Election, declaration of 314 
 
 Electoral districts and voters' Usts 295 
 
 Election notices, when and where to be posted 302 
 
 contents of 302 
 
 Expenses, Commissioner may order payment of for services rendered 317 
 
 of voter, candidate not to pay 318 
 
 penalty for 318 
 
 Fees, to officers 317 
 
 tariff of -. . . . 331 
 
 Forms : 320-332 
 
 General Election, day to be same in all districts 297 
 
 Hiring teams, payment for forbidden 318 
 
 Horse hire, payment for forbidden 318 
 
 penalty for 318 
 
 Hustings to be provided _■ ■ ■ . ■ 298 
 
 Information to electors, posting of at poll 302 
 
 Interpreter, employment of 307 
 
 entry of in book 307 
 
 oath by 307 
 
 InitiaUing of baUots by D. R. 307 
 
 to be shown when required 307 
 
 Incapacitated person, vote by 309 
 
 Illegal acts of candidate void election 318 
 
 of voter 318 
 
 penalty for 319 
 
 Improper conduct of voters 319 
 
 of other persons 319 
 
 penalty 319 
 
 Intoxicating liquor, sale of prohibited 320 
 
 Judge, recount by 314 
 
 agent or candidate may demand 314 
 
 Lists of voters. See Revisers 295-297 
 
 Liquor, intoxicating, sale of prohibited 320 
 
 Marksman, signatmre by 307 
 
 70263—541 
 
852 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Elections — Continued. 
 
 Notices of election, posting by returning officer 302 
 
 contents of 302 
 
 Notice of names of candidates elected to be published 316 
 
 Nomination, date and place of 297 
 
 time between date of writ and 297 
 
 building for to be provided 298 
 
 postponement of in certain eases 299 
 
 other date to be fixed by returning oflScer 299 
 
 special report in case of postponement 299 
 
 time and manner of 299-300 
 
 Nomination paper, requisites of 300 
 
 afi&davit to accompany 300 
 
 consent of person nominated 300 
 
 absence of candidate to be stated in 300 
 
 receipt for by returning officer 300 
 
 Nomination proceedings 300-301 
 
 hours for. . ._ 301 
 
 closing of 301 
 
 when only one candidate 301 
 
 when several candidates 301 
 
 withdrawal of candidate 301 
 
 Oath, returning officers of 295 
 
 refusal to take 306 
 
 interpreter of 307 
 
 Penalties, recovery of 320 
 
 PoUing places, 298-299 
 
 returning officer to provide suitable 298 
 
 to have outer and inner rooms •■ 304 
 
 ballot box to be kept in outer room 304 
 
 poll book to be kept in outer room 304 
 
 inner room, who may enter 304 
 
 eqmpment of 305 
 
 who may remain in 305 
 
 elector may vote at any polling place 305 
 
 Polling divisions 305 
 
 commissioner may erect 295 
 
 PoUing, time of 301-302 
 
 when to be held 301-302 
 
 proceedings at 301-312 
 
 time of opening 302 
 
 time of closing 302-309 
 
 Poll clerk, appointment of 303 
 
 oath by 303 
 
 to have powers of constable at poll 303 
 
 powers and duties of 303-304 
 
 penalty in case discrepancy in ballots at count 319 
 
 Prohibited acts 317 
 
 Proclamation, posting of by returning officer 299 
 
 what to contain 299 
 
 form of 299 
 
Index 853 
 
 The figures refer to the top paging. 
 
 Page. 
 Elections — Continued. 
 
 Proclamation — Continued. 
 
 time of posting -. 299 
 
 posting of at polling place 299 
 
 Qualification of voter 295 
 
 See Form T, Schedule I. 330 
 
 Returning officer, appointment of 297 
 
 quahfication of . . . ". 297 
 
 refusal or inability to act 297 
 
 disqualified- person acting not to void election 297 
 
 oath of office 298 
 
 to appoint election clerk 298 
 
 to secure suitable hustings 298 
 
 to provide suitable polling places 298 
 
 to procure ballot boxes 299 
 
 penalty failure to procure 299 
 
 to post proclamation 299 
 
 time of posting 299 
 
 deposit by candidate with 300 
 
 to post information to electors 302 
 
 to provide ballot papers 302 
 
 to provide tendered ballot papers 302 
 
 to have custody of ballot box 312 
 
 not to open ballot box until declaration day 312 
 
 penalty for improperly opening ballot box 312 
 
 to produce poll books, etc., with ballot boxes 312 
 
 to be provided with record book 312 
 
 adjournment of count _ 312 
 
 to take note of discrepancy in number of votes 313 
 
 to count and enter good ballots 313 
 
 to count and enter spoiled ballots 313 
 
 ballots illegally marked, disposition of > 313 
 
 disposition of ballot papers by 313 
 
 result to be announced and recorded 313 
 
 to declare result of election 314 
 
 casting vote in case of tie 314 
 
 to deUver statement to candidates or agents 314 
 
 to place ballot boxes, poll books, etc., in custody of clerk of court . 314 
 
 certify candidates elected to territorial secretary 314 
 
 failure of duty, penalty 319 
 
 Recount by judge 314 
 
 agent or candidate may demand 314 
 
 deposit of $100 with demand 314 
 
 on application for, judge shall hold 314 
 
 not to be held unless deposit made with application 314 
 
 apphcation to be within 15 days after declaration 314 
 
 disposition of money deposited 314 
 
 ballot, boxes, etc., subject to order of judge 314 
 
 time and place to be appointed by judge 314-315 
 
 affidavit upon application for 314 
 
 service of appointment for 315 
 
 procedure upon recount 318 
 
854 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Elections — Continued.^ 
 
 Recount by judge — Continued. 
 
 ballots to be counted by judge 315 
 
 count to be in presence of certain persons 315 
 
 examination of ballots by judge 315 
 
 particulars of count to be recorded 315 
 
 disposition of ballots and boxes after recount 315 
 
 costs of recount 315 
 
 statement by judge 316 
 
 statement what to show 316 
 
 declaration of election by judge 316 
 
 judge to certify to territorial secretary 316 
 
 certificate of judge final 316 
 
 subject to "Controverted Elections Ordinance" 316 
 
 no penalty on person first declared if another declared by judge 316 
 
 casting vote of returning officer not counted unless tie 316 
 
 if recount results in tie judge may require casting vote of returning 
 
 officer 316 
 
 Resignation of not permitted after poll until decision 316 
 
 pending election petition 316 
 
 Revisors, appointment of 295 
 
 duties of 295-297 
 
 notice of appointment to be given by 295 
 
 oath of office by 295 
 
 qualification of 295 
 
 Usts, preparation of by 295-296 
 
 notice of compiUng 295 
 
 notice of final revision 295 
 
 notice of proposed changes 296 
 
 Federal list as basis 295 
 
 to be posted when completed 296 
 
 to be filed with territorial secretary 296 
 
 may be altered 297 
 
 to be certified 296-297 
 
 copy to be furnished agent 297 
 
 copy to be furnished candidate 296 
 
 revised to be preserved 297 
 
 completion of 296 
 
 form of 295 
 
 One month's residence of voter in division necessary 296 
 
 Scrutineers, appointment of 305 
 
 Scrutiny of votes, deputy returning oflScer not to grant 312 
 
 Services, payment for extraordinary 317 
 
 Secrecy of ballot, violation of 319 
 
 petialty for violation 319 
 
 Schedule 320 
 
 Tariff of fees 331 
 
 Territorial Secretary to pubUsh names of candidates elected 316 
 
 Transfer, voter may procure 305 
 
 certificate of 306 
 
 named to be erased on 306 
 
Index 855 
 
 The figures refer to the top paging. 
 
 Page. 
 Elections — Continued . 
 Transf ei^Continued . 
 
 certificate to be returned with ballot box 306 
 
 form of 306 
 
 agent entitled to 306 
 
 Treating, penalty for 318 
 
 Voters' lists, provisions as to 295-297 
 
 See Revisers. 
 
 Voting,who entitled to vote 305 
 
 where to vote 305 
 
 transfer of vote * ' 305 
 
 shall vote only once 306 
 
 voter to take oath if required 306 
 
 D. R. O. to explain mode of voting 307 
 
 directions for 308 
 
 secrecy of 308 
 
 none but voter allowed in compartment 308 
 
 ballot paper not to be taken out of polling place 308 
 
 leaving polling place without voting forfeits right 308 
 
 entry in poll book 308 
 
 declining to vote entry on ballot paper 308 
 
 tender of vote under name already voted 308 
 
 incapacitated person, how to vote 309 
 
 ballot spoiled before use, another to be given 309 
 
 closing of poU 309 
 
 entry of objections after 309 
 
 opening of ballot box, etc 309 
 
 more than once, penalty 319 
 
 applying to vote after having voted, penalty 319 
 
 Voter, improper conduct of 319 
 
 failure to return ballot paper to D. R. 319 
 
 penalty for 319 
 
 quahfication of 295 
 
 Schedule 1, Form T 330 
 
 Writ of election 297 • 
 
 date of issue and return 297 
 
 , to be issued by Territorial Secretary 297 
 
 to whom directed 297 
 
 returning ofiicer refusing or disquahfied, new writ to issue 297 
 
 to specify day and place of nomination 297 
 
 form of 297 
 
 to be sent by registered mail 297 
 
 endorsement by returning officer _. . . . 298 
 
 Elections Controverted. 
 
 See Controverted Elections. 261 
 Employers Liability 
 
 Actions, time of bringing 336 
 
 Agreement that Act shall not apply, effect of 337 
 
 Assessors : 339 
 
 apphcation for 339-340 
 
 Claim, statement of 339 
 
866 Index 
 
 The figures refer to tile top paging. 
 
 Page. 
 Employers Liability — Continued. 
 
 Compensation 336 
 
 amount of 336 
 
 circumstances under which claim does not arise 336 
 
 claim, when may be made 334 
 
 knowledge of defect by workman 335 
 
 Consolidation of actions 341-342 
 
 Damages 
 
 liability of representatives of deceased employer 339 
 
 order directing to whom payment to be made 338-339 
 
 Defect, effect of knowledge of •. 335 
 
 negligence deemed to be 334r-335 
 
 Effect of Act upon rights under other Acts 337 
 
 Injury, notice of 336 
 
 Interpretation 333 
 
 " Employer " '. 333 
 
 " Packing " 333 
 
 " Railwaj servant " 333 
 
 " Superintendence " '. 333 
 
 " Workman " 333 
 
 Knowledge of defect by workman, effect of 335 
 
 Liabihty 335 
 
 persons liable in case of contract 335 
 
 Negligence, defects deemed to be 334-335 
 
 persons liable for 335 
 
 Notice 338 
 
 defence for want of notice 338 
 
 form of , 338 
 
 injury, of 336 
 
 mode of giving 337-338 
 
 want of 338 
 
 time when to be given 336 
 
 Procedure, consolidation of actions 341-342 
 
 defence for want of notice 338 
 
 notice of injury 336 
 
 rules of court apply 342 
 
 statement of claim 339 
 
 time for action 336 
 
 notice 336 
 
 Time within which action Hes 336 
 
 notice to be given 336 
 
 Shorttitle 333 
 
 Engineers operating Steam Boilers. 
 
 See Boilers, Steam. 71 
 Estray Animals. 
 
 See Stray Animals. 13 
 Evidence. 
 
 See Witnesses and Evidence. 343 
 Execution Creditors. Priorities abolished. 
 
 See Creditors' Relief. 278 
 
Index 857 
 
 The figures refer to the top paging. 
 
 Page. 
 Exemptions from Seizure 
 
 Short title 355 
 
 Real and personal property exempted from seizure 355 
 
 Execution debtor entitled to choice from articles exempted 355 
 
 Article forming consideration of judgment not exempt except for food and bedding, 
 
 clothing 355 
 
 Exemption rights of deceased execution debtor continued to family 355 
 
 Exemption not extended to absconding debtor leaving no wife or family '. 356 
 
 Extra Judicial Seizure 
 
 See Distress for Rent. 289 
 Factors and Agents. 
 
 Agent, liability for non-resident principal 359 
 
 Agreements through clerks, etc., deemed agreements with agent 358 
 
 Clerks, etc., agreements through, deemed agreement with agent 358 
 
 Consent of owner of goods to disposition by agent, presumed 357-358 
 
 Disposition by mercantile agent 357 
 
 by buyers and sellers of goods 359 
 
 by seller retaining possession valid as though authorized by owner 359 
 
 by buyer obtaining possession vaM as if he were a mercantile agent in 
 
 possession with consent of owner 359 
 
 "Document of title," interpretation 357 
 
 Document of title, effect of transfer of on vendor's Uen or right of stoppage in transitu 359 
 
 how transferable 359 
 
 Execution against principal or agent 360' 
 
 Exchange of goods or documents, rights acquired by 358 
 
 " Goods," interpretation 357 
 
 Goods subject to lien for advances to consignor not actual owner 358 
 
 Interpretation ' 357 
 
 Liability of agent 359 
 
 Lien on goods for advances to consignor not actual owner 358 
 
 "Mercantile agent," interpretation 357 
 
 powers under common law amplified by Ordinance 360 
 
 powers respecting disposition of goods 357 
 
 disposition by consent of owner presumed 358 
 
 agreements through clerks, etc., deemed agreements with 358 
 
 liability of 359 
 
 Owner's rights in respect of goods in possession oi agent or assigned or pledged, etc., 
 
 or proceeds thereof 359-360 
 
 "Person," interpretation . . .- 357 
 
 "Pledge," interpretation 357 
 
 Pledge ot document of title to goods deemed pledge of goods 358 
 
 of goods for antecedent debt 358 
 
 "Possession," when person deemed in 357-358 
 
 Rights acquired by exchange of goods or documents 358 
 
 Short title 357 
 
 "Title, document of," interpretation 357 
 
 Transfer of documents by indorsement or dehvery 359 
 
 effect of on vendor's right of lien or right of stoppage in 
 
 transitu 359 
 
858 Index 
 
 The figures refer to tHe top paging. 
 
 ' Page. 
 Fast Driving. 
 
 Fast driving prohibited 361 
 
 Not to apply to fire departments 361 
 
 Penalty to apply to dogs / 361 
 
 Ferries. 
 
 Approaches to ferry to be kept in repair 363 
 
 Civil suit against licensee for damages not barred by conviction 364 
 
 Commissioner may issue license 362 
 
 Fee, license 362 
 
 etc., to be paid to general revenue fund 364 
 
 " Ferry," interpretation of expression 362 
 
 size of and limits of operation to be specified in license 362-363 
 
 hours 362 
 
 tolls 362 
 
 schedule to be posted up 363 
 
 interference with, penalty for 363 
 
 inspection of 363-364 
 
 Fords not to be blocked up 363 
 
 Inspection of ferries 363-364 
 
 Interpretation 362 
 
 License, issue of 362 
 
 terms of 362 
 
 violation of, penalty for 364 
 
 "Licensee," interpretation of expression 362 
 
 liable for damage 364 
 
 not to insult or injure persons or property 364 
 
 to provide boat or canoe for low water 363 
 
 violation by, of terms of license or ordinance, penalty for 364 
 
 Mails not to be charged more than day rates '. 363 
 
 Penalty for interference with ferry 364 
 
 for refusal to pay tolls 364-365 
 
 for violation by licensee of terms of license or ordinance 364 
 
 School children not to be charged tolls 363 
 
 Short title 362 
 
 Tolls, rate of 362 
 
 double 362-363 
 
 schedule of to be posted up ^ 363 
 
 school children not be to charged 363 
 
 mails not to be charged more than day rates 363 
 
 refusal to pay, penalty for 365 
 
 for boat or canoe used at low water 363 
 
 Fire, Investigation of Accidents by 
 
 See Investigation of Accidents by Fire. 366 
 
 Fires, Prairie and Forest 371 
 
 Actions at law preserved 373 
 
 Branding and camp fires to be extinguished 376 
 
 Burden of proof 372 
 
 Fire guardians, appointment of 373 
 
 powers of 373 
 
 Fires for guarding property or clearing land 371-372 
 
Index 859 
 
 The figures refer to the top paging. 
 
 Page. 
 Fires, Prairie and Forest— Continued. 
 
 Information unnecessary to negative exemptions 372 
 
 Penalties for kindling fires, etc 372 
 
 Railway companies and employees 372 
 
 Short title 371 
 
 Spring burning 372 
 
 Fires, Prevention of. 
 
 Ashes not to be deposited in wooden vessel 368 
 
 Commissioner may establish fire districts 368 
 
 Distance of stovepipe from wall 368 
 
 Fire not to be set within fifty feet from building 368 
 
 Houses over one story to have ladder on roof 368 
 
 Not to apply to Dawson 370 
 
 Penalties 369 
 
 Quantities of explosives that may be kept in one place 368 
 
 Quantities of kerosene that may be kept in one place 368 
 
 R.N.W.M.P., power to inspect 370 
 
 Stove pipes 
 
 connections with chimney, etc 369 
 
 passing through loft, attic, etc 369 
 
 space between stove and woodwork in villages 369 
 
 standard weight of metal for . . 369 
 
 to be kept in repair 370 
 
 "Villages," defined 369 
 
 Foreign Companies 
 
 See Companies, Foreign. 109 • 
 Forest Fires 
 
 See Fires. 371 
 Form and Interpretation of Ordinances. 
 
 See Interpretation. 3 
 Fox Protection 
 
 Close season, foxes under 1 year 374 
 
 Declaration by owner 375 
 
 Description of foxes 374 
 
 Exportation of foxes 374 
 
 foxes not born in captivity 374 
 
 permit for 374 
 
 Fee for permit 375 
 
 Fines paid to treasurer 376 
 
 part of general revenue 376 
 
 Forfeiture of animals 375 
 
 Foxes in captivity, penalty for approaching near to 375 
 
 Interpretation 374 
 
 " Person " or " party " , 374 
 
 "Penalty " 374 
 
 Owner or agent, statutory declaration by 375 
 
 Penalties 375 
 
 Permit, entitles to export 375 
 
 Registration, requirements as to 374 
 
 Short title ^ 374 
 
 Statutory declaration, owner or agent 375 
 
860 Index ^ 
 
 The figures refer to the top paging. 
 
 Pagej, 
 Game, Protection of 
 
 Animals, protected 376 
 
 may be captured and domesticated 380 
 
 names of include young, male and female 376 
 
 number that may be taken by one person in one season 376 
 
 taken to be reported to R.N.W.M.P 376 
 
 persons in actual want may kiU 377 
 
 scientific purposes, may be taken for 380 
 
 permit for so taking. 380- 
 
 Batteries, etc., use of forbidden 378 
 
 Birds, protected 376 
 
 close season for 376 
 
 explorers may kill for food 377 
 
 miners " " 377 
 
 prospectors " " 377 
 
 surveyors " " 377 
 
 persons in actual want may kill 377 
 
 Buffalo and bison, protected at all times 376 
 
 Caribou, protected 376 
 
 number to be taken in one season 376 
 
 may be captured and domesticated 380' 
 
 Close season 376 
 
 may be extended 377 
 
 Commissioner may set aside portion of territory from operation of ordinance 381 
 
 may license hunters for 381 
 
 Commissioner in Council may by resolution alter times fixed 377 
 
 may issue permit to take or kill for scientific or other pur- 
 poses 380 
 
 Confiscation of game 379 
 
 See Game Guardian. 
 
 Contrivances, use of forbidden 378 
 
 Constables, appointment of by J. P. when necessary 379- 
 
 duties of 379 
 
 Dogs, use of forbidden 37& 
 
 Deer, protected 376 
 
 number to be taken in one season 376 
 
 Duck, wild, protected 376 
 
 Eggs of wild fowl and birds not to be taken 377 
 
 permit to take for scientific purposes 380 
 
 surveyors, miners, etc., may take for food 377 
 
 Elk, protected 376 
 
 mmiber to be taken in one season 376 
 
 Evidence of unlawful killing, etc 379 
 
 Exportation .- 381 
 
 of trophies 381 
 
 declaration as to 381 
 
 hcense for 381 
 
 Explorers, exceptions as to 377 
 
 Fines, disposition of 379 
 
 one half to informer 379- 
 
 Game, unlawfully kUled, etc., seiziire and confiscation : 379-380i 
 
Index 861 
 
 The figures refer to the tojj paging. 
 
 Page. 
 Crame, Protection of — Continued. 
 
 Game Guardians, appointment and powers of 377, 378, 380, 381 
 
 'oath of 380 
 
 remuneration of 380 
 
 rules and regulations 380 
 
 R.N.W.M.P. ex-officio 377 
 
 obstructing, penalty for 377 
 
 may inspect receptacles, vehicles, etc 377 
 
 Goats, protected 376 
 
 ■Grouse, protected 376 
 
 Hunters for isolated camps 381 
 
 appointment of 381 
 
 license to 381 
 
 Indians, ordinance not to apply to, except Sec. 3 381 
 
 not to be employed 378 
 
 Interpretation 376 
 
 " Close Season " 376 
 
 " Game Guardian " 376 
 
 " Open Season " 376 
 
 Imprisonment of convicted persons 378-379 
 
 Justice of the Peace may appoint constables 379 
 
 may issue searct warrant 379-380 
 
 Meat to be used as food 381 
 
 killed during open season may be sold during 60 days after beginning of close 
 
 season 379 
 
 Miners, exception as to 377 
 
 Moose, protected 376 
 
 number to be taken in one season 376 
 
 Mountain sheep, protected 376 
 
 number to be taken in one season 376 
 
 Non-residents must have license 377 
 
 to make oath before Game Guardian 377 
 
 Offences " 378 
 
 Open season 377 
 
 Partridge, protected 376 
 
 Penalties for violation of ordinance 378, 380, 381 
 
 enforcement of 378-379 
 
 disposition of 379 
 
 Pheasant, protected 376 
 
 Poison, use of forbidden 378 
 
 Possession in close season evidence of unlawful killing 379 
 
 exception 379 
 
 Possession, unlawful, penalty for 381 
 
 Prairie chicken, protected 376 
 
 Prospectors, exceptions as to 377 
 
 R.N.W.M.P. ex-officio game guardians 377 
 
 Rules and regulations. Commissioner may make 380 
 
 Sand pipers, protected 376 
 
 Seasons - 376 
 
 Seizure and confiscation by game guardians 378, 379, 380 
 
 Search warrant, J. P. may issue 379-380 
 
862 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 Game, Protection of — Continued. 
 
 Short title 376 
 
 Snipe, protected 376 
 
 Sunken punts, use of forbidden 378 
 
 Surveyors, exceptions as to 377 
 
 Swan, protected 376 
 
 Swivel guns, use of forbidden 378 
 
 Traders, register of purchases to be kept by 376 
 
 Trophies, exportation of 381 
 
 declaration for 381 
 
 license for 381 
 
 Gaol. 
 
 Provision as to imprisonment under ordinances 7 
 
 Gazette, The Yukon 703 
 
 Goods, Sale of 
 
 See Sale of Goods. 716 
 Health 
 
 See Public Health. 382 
 
 Highways Traffic 393 
 
 Contravention deemed an offence 395 
 
 Dam not to be built without waste gate 394 
 
 Ditches not to be fiUed , . 394 
 
 Felloe, width of 394 
 
 "Highway," interpretation of 393 
 
 water from sluice boxes not to cross 394 
 
 justices of the peace, powers of 395 
 
 offences, what deemed to be 395 
 
 penalties, enforcement of 395 
 
 Vehicles, meeting to turn to right 393 
 
 overtaken to turn to right .' 393 
 
 Veh'cles, eovertaking to turn to left ; 393 
 
 unable to turn out must stop 393 
 
 Motor vehicles, to turn to the outside when road runs along bluff 394 
 
 Sleigh, width of 394 
 
 Tires, width of ' 394 
 
 Weight or size of load to be drawn 394 
 
 onus of proof as to 394 
 
 Width of felloe 394 
 
 of sleigh 394 
 
 of tires 394 
 
 Hire Receipts and Conditional Sales of Goods. 
 
 Bailor. See Seller 397 
 
 Certified copies of instrimients filed primo/ocie evidence 397 
 
 Conditional sales of goods to be in writing and registered 396 
 
 Fees for registration, copies and certificates 398 
 
 Penalty for false statement in renewal statement 397 
 
 Registration, place, time and manner of 395 
 
 fees 398 
 
 Removal of goods, registration 39^ 
 
Index 863 
 
 The figures refer to the top paging. 
 
 Page. 
 Hire Receipts and Conditional Sale of Goods — Continued. 
 
 Renewal statement, to be filed within two years from registration, and annually 
 
 thereafter 396 
 
 penalty for making false statement in 397 
 
 seller or bailor bound by statement in 397 
 
 Sale by seller or bailor retaking possession, five days notice to be first given 397 
 
 Satisfaction, memorandum of, by seller or bailor 397 
 
 may be registered 397 
 
 Seller or bailor bound by statement in renewal statement 397 
 
 to give memorandum of satisfaction on payment 397 
 
 retaking possession, to hold for redemption for 20 days 397 
 
 Holidays 6 
 
 Hospitals, Public Aid to 
 
 Extension to hospitals other than those named 400 
 
 Grants in aid of hospitals 399 
 
 when appropriation insufficient 399 
 
 Inspection of hospitals 400 
 
 Interpretation 399 
 
 "free patent", 399 
 
 "partially free patient" 399 
 
 Report, quarterly to commissioner 400 
 
 Returns, when and how to be made 400 
 
 false, penalty 400 
 
 Schedule of hospitals assisted 400 
 
 additions to 400 
 
 Short title 399 
 
 Hotel and Boarding House Keepers. 
 
 Detention of trunks and personal property of debtor for board and lodging 401 
 
 See also Lien. 
 
 General revenue fund, unclaimed surplus in hands of Territorial treasurer 401 
 
 Liability of hotel keeper for safe keeping of property detained 401-402 
 
 for property brought on to premises, limited 401 
 
 Lien of hotel and boarding house keeper 401 
 
 additional to other legal remedies 401 
 
 none for liquors 401 
 
 none if hotel keeper refuses to receive goods for safe custody 402 
 
 none unless copy of ordinance kept posted in hotel. . , 402 
 
 Liquors, no lien for 401 
 
 Notice of intended sale to be posted up 401 
 
 Ordinance, copy of to be kept posted in hotels 402 
 
 rights xmder, additional to other legal remedies 401 
 
 Proceeds of sale, disposition of 401 
 
 Responsibility of person seizing for safe custody of goods seized. See Liabihty .... 401 
 
 Sale by auction after expiration of three months from seizure 401 
 
 notice of, to be posted up 401 
 
 proceeds of, application of 401 
 
 surplus, disposition of 401 
 
 Short title 401 
 
 Surplus to go to person entitled 401 
 
 unclaimed, to form part of general revenue fund 401 
 
864 Index 
 
 The figures refer to the top paging. 
 
 Page. 
 
 Impounding of Animals 
 
 See Stray Animals. 13 
 
 Imprisonment under Ordinances 7 
 
 Infants. 
 
 Custody of 522 
 
 Estate and property of 522 
 
 See Judicature. 
 Inquiries concerning Public Matters. 
 
 Commissions of inquiry, appointment of ' 403 
 
 Inspection of public offices 403 
 
 Powers of commissioners 403 
 
 Insane Persons. 
 
 Discharge of person alleged to be insane if inquiry fails to establish insanity 405 
 
 Estate and property of - 520 
 
 See Judicature. 
 
 Evidence, what to be taken 404 
 
 copy of to be forwarded to Public Administrator with J.P.'s report 404 
 
 power to summon witnesses 405 
 
 Fees to J.P 405 
 
 Information, warrant to be issued by J.P. upon 404 
 
 copy to be forwarded to Public ^.dministrator with J.P.'s report 404 
 
 Public Administrator, report to be filed with 404 
 
 further inquiries may be ordered by 404 
 
 to be guardian 404 
 
 Report by J. P. (with copy, information and evidence) to be sent to Public Adminis- 
 trator 404 
 
 Warrant to apprehend, issue of by J. P 404 
 
 form 405 
 
 Warrant of commitment 405 
 
 Witnesses, power to J. P. to summon 405 
 
 Inspection of Steam Boilers 
 
 See Boilers, Steam. 71 
 
 Institutes, Mechanics' and Literary. 
 
 See Mechanics' Institutes. 653 
 
 Insurance for the Benefit of Wife and Children 
 
 Actions for insurance money to be consolidated, parties 410 
 
 Ante-nuptial pohcy, subsequent, declaration for benefit of wife and children valid — 406 
 
 Appointment of trustee, etc., company to be notified 411 
 
 Apportioned policy, share of a beneficiary dying before insured person, in default of 
 
 other disposition, to form part of estate of insured 407 
 
 Apportionment of insurance for benefit of wife and children, or wife, children or child 406 
 
 may be varied by declaration or will 406-407 
 
 absence of, division 407 
 
 death of beneficiary or beneficiaries 408 
 
 declaration for benefit of future wife 
 
 or children 408 
 
Index. 865 
 
 The figures refer to the top paging. 
 
 ' Page. 
 Insurance for the benefit of Wife and Children— Continued. 
 
 Assignment of policy 407-411 
 
 persons entitled in succession 411 
 
 Bonuses and profits subject to direction of insured 410 
 
 Borrrowing money-for payment of premiums, sums borrowed a first lien on policy. . 410 
 Children as a class beneficiaries, proof of number, names and ages to be adduced to 
 
 company 408^ 
 
 Coinpany admitting claim, failing trustee, execiAtor or guardian, may pay money 
 
 into court 409 
 
 Company admitting claim, failing trustee, executor or guardian, may pay costs of 
 
 payment out 409 
 
 failing to pay, court may order payment 409 
 
 cost of application 409 
 
 to be notified of declaration or appointment 411 
 
 Costs of payment out of money voluntarily paid into court by company 409 
 
 of application for order for payment over by company 409 
 
 Creditors' rights 411 
 
 Declaration that insurance for benefit of wife or children creates a trust, and insur- 
 ance not part of husband's estate 406 
 
 valid, though policy ante-nuptial 406 
 
 apportionment may be varied by 406 
 
 (in absence of apportionment, and after death of beneficiaries) for benefit 
 
 of future wife or children 408 
 
 company to be notified of 411 
 
 Executors, failing appointment of trustees, shares ot infants may be paid to 408 
 
 investment by 408 
 
 Fees on appointment guardian or grant of probate when insurance money does not 
 
 exceed $400 409 
 
 Guardian, failing appointment of trustee, share of infant may be paid to 408 
 
 investment by 408 
 
 to give security 409 
 
 fees on appointment when insurance money does not exceed |400 409 
 
 Insurance for benefit of wife and children, or wife, children or child, apportionment . 406 
 
 may be in name of insured, wife or trustee 406 
 
 pledge of policy prior to declaration 406 
 
 declared for benefit of wife and children, a trust and not part of husband's 
 
 estate 406 
 
 declaration vahd, though poUcy ante-nuptial 406 
 
 apportioned, share of beneficiary dying before person insured in default of 
 
 other disposition, to form part of estate of insured 407 
 
 surrender or assignment of poUey 407-411 
 
 persons entitled in succession 411 
 
 money to be paid free from claims of creditors of insured 408 
 
 for benefit of children as a class, proof of number, names and ages to be 
 
 adduced 408 
 
 surrender of poUcy for paid-up pohcy 409-410 
 
 actions for insurance money to be consolidated; parties 410 
 
 other modes of, ordinance hot to restrict 411 
 
 Interpretation 406 
 
 Investment by trustee, executor or guardian 408 
 
 70263—55 
 
866 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 
 Insurauce for the benefit of Wife and Children — Continued. 
 
 " Matiirity of the contract," interpretation 406 
 
 " Maturity of the policy " interpretation 406 
 
 Ordinance not to restrict other modes of insurance or assignment 411 
 
 Parties in actions for insurance money 410 
 
 Payment of insurance money free from claims of creditors of insured 408 
 
 to trustees discharges company 408 
 
 into court by company admitting claim 409 
 
 by company admitting claim, — under judge's order 409 
 
 out of court of money voluntarily paid in by company, costs of 409 
 
 Pledge of pohcy prior to declaration 406 
 
 Profits subject to direction of insured 410 
 
 Surrender or assignment of policy 407-411 
 
 persons entitled in succession 411 
 
 of poUcy for paid-up policy 409-410 
 
 Trustee, appointment of and investment by 408 
 
 payment to, discharges company 408 
 
 failing appointment of, shares of infants may be paid to executor or guardian 408 
 faiUng appointment of trustee, executor or guardian, company admitting 
 
 claim may pay money into court 409 
 
 company to be notified of appointment or revocation of appointment of 411 
 
 Interest, Distress for 290 
 
 Limitation of rights of, and sale 290 
 
 Interpretation and form of Ordinances. 
 
 "Afiirmation " included in " oath " in certain cases 6 
 
 Amendment, in same session 4 
 
 not to involve declaration as to previous law 8 
 
 Application of ordinance 3 
 
 where inconsistent with other ordinances 3 
 
 Appointment, power of, includes power to remove 7 
 
 Arbor day 6 
 
 Assent of commissioner, indorsation 4 
 
 reservation of 4 
 
 Authentication of ordinances 11 
 
 Bodies corporate, general powers and obligations 7 
 
 By-laws, rules, etc., power to make includes power to revoke 8 
 
 Certified copies ot ordinances 11 
 
 fee on 11- 
 
 Certificate if ordinance disallowed 11 
 
 Citation of ordinances 3 
 
 Commencement of ordinances 4 
 
 " Commissioner " 5 
 
 Commissioner in council 5 
 
 Consohdated ordinances, citation 3 
 
 Construction, so as to effectuate true intent ' 10 
 
 reserving power to repeal, etc 8 
 
 to be deemed remedial '. 10 
 
 of this ordinance 11 
 
 Corporations, general powers and obligations 7 
 
Index. 867 
 
 The figures refer to the toji paging. 
 
 Page. 
 Interpretation and form of Ordinances — Continued. 
 
 " Crown, The" meaning 5 
 
 "Declaration," included in oath in certain cases 6 
 
 Disallowed ordinances, certificate on copies issued by Territorial Secretary 11 
 
 Duties, penalties, etc., belong to Crown 9 
 
 Enacting words 4 
 
 Enactment, form of 4 
 
 Enforcement of ordinances, proceedings for 9 
 
 Evidence of ordinances 10 
 
 "Felony" 6 
 
 Forfeitures, recovery where no other mode piovided .- 9 
 
 belong to Crown unless other provision 9 
 
 Form of enacting .' 4 
 
 ordinances 4 
 
 Forms, slight deviations from 8 
 
 "Gazette" ■ 6 
 
 Gender and number 5 
 
 "Government," "Government of the Territories" 5 
 
 "Herein" , 5 
 
 "His Majesty" 5 
 
 "Holiday" 6 
 
 time expiring on. 6 
 
 Imprisonment, place of, under ordinances 7 
 
 Intent, true, to be effectuated 10 
 
 "Justice" 7 
 
 jurisdiction local 7 
 
 "King" The 5 
 
 Law always speaking 4 
 
 "Magistrate" 6 
 
 jurisdiction local 7 
 
 Majority may do act for several 7 
 
 "May" permissive 5 
 
 - Meridian, the 135" standard time 6 
 
 "Misdeme'anour" 6 
 
 "Month" , •, 6 
 
 Name commonly applied to place, official, etc 6 
 
 "Next" 5 
 
 "Now" ■ 5 
 
 Number and gender 5 
 
 "Oath," what included in ^6 
 
 Oaths, persons authorized to administer and certify 6 
 
 "Official Gazette" 6 
 
 Ordinances, authentication of copies 11 
 
 certified copies 11 
 
 certificate if disallowed. 11 
 
 citation ,. 3 
 
 custody of 11 
 
 deemed public 10 
 
 remedial 10 
 
 form of 4 
 
 70263^o5i 
 
868 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Interpretation and form of Ordinances — Contmued. 
 Ordinances — Continued. 
 
 not in force at once, proceedings under 10 
 
 record of 11 
 
 Penalties or forfeitures, procedure for recovery 9 
 
 where no other mode provided 9 
 
 belong to Crown unless other provision 9 
 
 "Person" ■ 5 
 
 Power to act includes necessary incidental powers 7 
 
 Preamble, effect of 10 
 
 Private ordinances, effect of limited 8 
 
 Proceedings under ordinances before coming into force 10 
 
 " Proclamation" 6 
 
 to be by order of commissioner 5 
 
 Public ordinances, all ordinances deemed to be 10 
 
 Public moneys, mode of expenditure if not otherwise provided " 7 
 
 Public officers or functionaries 7 
 
 directions or powers to include successors and deputies 7 
 
 hold office during pleasure 7 
 
 local jurisdiction of 7' 
 
 power to appoint includes power to remove 7 
 
 Pimishment of offences, procedure 9 
 
 References to sections, inclusive of both 10 
 
 mean printed ordinances 10 
 
 Repeal in same session 4 
 
 of repealing ordinance 8-9 
 
 not involve declaration as to previous law 8 
 
 other provisions substituted, officers and proceedings continued 8 
 
 bylaws, etc., continued 8 
 
 references extend to substituted provisions 8 
 
 vested rights or pending actions not affected 9 
 
 offences committed or forfeitures incurred prior to 8 
 
 Rules and orders, power to make includes power to revoke 8 
 
 "Security" 6 
 
 "Shall," imperative 5 
 
 Short title 3 
 
 "Standard time" 6 
 
 "Summary conviction, on" 9 
 
 Sunday, time limited expiring on 6 
 
 "Sureties" 6 
 
 "Sworn" includes "affirmed" or "declared" 6 
 
 Territorial secretary to have custody of ordinances 11 
 
 authentication by, of duplicates 11 
 
 "Territory" 5 
 
 Time expiring on Sunday or hoUday 6 
 
 of commencement of ordinances 4 
 
 standard 6 
 
 "United Kiagdom" 5 
 
 "United States" ' 5 
 
 "Writing" "Written" 5 
 
 "Year" 6 
 
 Yukon government 5 
 
 Yukon Territory 5 
 
Index. 869 
 
 The figures refer to the top paging. 
 
 Page. 
 Intoxicating Liquors 
 
 See Liquor License. 697 
 
 Investigation of accidents by fire 366 
 
 Inquiry into cause of fire by a J.P 366 
 
 only on sworn statement 366 
 
 report of to the commissioner 366 
 
 Examination to be under oath and reduced to writing 366 
 
 Penalty for non-attendance 366 
 
 Magistrate may impose fine 366 
 
 Judicature 
 
 Abatement 433 
 
 See Change of parties. 
 
 certificate to be given by solicitor 435 
 
 none where cause of action continues 433 
 
 by expiry of writ or process 518 
 
 Accountants, judge may obtain assistance of 513 
 
 Accounts, actions for , 463 
 
 reference compulsorily 463 
 
 affidavit to verify 464 
 
 alterations in verified ■ 476 
 
 books of, when prima facie evidence 463 
 
 delay in taking, proceedings on 464 
 
 directions to take 463 
 
 numbering 464 
 
 special 463 
 
 disputed items only to be brought before judge 464 
 
 exhibit to afiidavit, to be made 464 
 
 just allowances, in taking 464 
 
 mode of taking, special directions as to 463 
 
 numbered consecutively, items in, must be 464 
 
 originating summons for 511 
 
 receivers. See Receiver 497 
 
 statement of claim, to request taking of 463 
 
 surcharge, notice of intention to 464 
 
 taking, mode of 463 
 
 undue delay in taking 464 
 
 verification by affidavit 464 
 
 vouching, mode of 464 
 
 Action against public ofiicers, hmitation 517 
 
 notice of 517 
 
 commencement of 418 
 
 entry of, in what district 413 
 
 meaning of term 412 
 
 Address for service, defendants, on appearance 435 
 
 omission of 435 
 
 illusory or fictitious, service in case of 436 
 
 plaintiff's, to appear on writ 420 
 
 omission of 420 
 
 of defendant to accompany appearance 435 
 
 plaintiff and advocate to be indorsed on writ 420 
 
870 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Adding, parties 157-433 
 
 Administration, accounts of administrators to be filed 530 
 
 application to pass 511-530 
 
 originating summons for 511 
 
 actions for, conduct of 429 
 
 default of appearance in 439 
 
 originating summons, by 511 
 
 parties to 428-430 
 
 service out of jurisdiction in 422 
 
 advertisement for claims 513-528 
 
 ancUlaxy, grant of 527 
 
 apphcation to pass accounts 511-530 
 
 attendance of administrators on claim against estate in adminis- 
 tration, proceedings in 430 
 
 citations, summonses and notices 528 
 
 claims, notice to send in 528 
 
 verification of 528 
 
 securities to be valued 529 
 
 claimants not coming in excluded 613 
 
 creditors claims in, who to appear on 430 
 
 and others, order to send in claims 528 
 
 heirs, etc., .unascertained or absent 428 
 
 judgment for at instance of executor, administrator or trustee 429 
 
 legatee or person interested in land 428 
 
 residuary devisee or heir 429 
 
 residuary legatee or next of kin 428 
 
 notice of, form 430 
 
 judgment for at instance of, notice of, service of 429-430 
 
 effect of 429 
 
 memo, of 429 
 
 legal personal representa Lives, only, to appear on claims against 
 
 estate in 430 
 
 originating summons for 511 
 
 determination of matters relating to 511 
 
 parties in, representation of 430 
 
 parties to actions for 428 
 
 probate. See Probate 527 
 
 public administrator, administrator ad litem 528 
 
 guardian ad litem 530 
 
 infant, actions against, service on originating 
 
 summons by, as creditor 530 
 
 remuneration of 531 
 
 representation of parties in 430 
 
 representation of estate pending grant 528 
 
 security by administrators 527 
 
 proceedings on 527 
 
 waste, proceeding to restrain pending grant 528 
 
 Administrators, See Administration. 
 
 administration at suit of 429 
 
 attendance of on claim against estate in administration 430 
 
Index. 871 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued. 
 
 Administrators — Continued . 
 
 costs of and compensation to 514^531 
 
 opinion, advice or direction of judge, application for 513-514 
 
 originating summons by 511 
 
 Admissions, amendment of 462 
 
 case of other party of, notice of 462 
 
 costs of proving what ought to be admitted 462 
 
 occasioned by refusal to admit documents 462 
 
 denial not specific, where 441 
 
 documents, of : 462 
 
 party may be required to make 462 
 
 notice for 462 
 
 costs of unnecessary 463 
 
 verification of signature of 463 
 
 effect of Hmited to immediate purpose 462 
 
 evidence of 463 
 
 facts of, notice to make 462 
 
 time for 462 
 
 notice of 462 
 
 party may call upon other party to make 462 
 
 pleadings on the 462 
 
 refusal of 462 
 
 effect of on costs 462 
 
 verification of signature to 463 
 
 judgment on , 462 
 
 application for 462 
 
 notice in writing of , 462 
 
 payment into court by. 444 
 
 pleading by 462 
 
 insufficient denial in 441 
 
 persons under disability, exception. 441 
 
 signature to; affidavit of 463 
 
 service of, by solicitors 424 
 
 subsequent proceedings, effect of, on 462 
 
 time for 462 
 
 withdrawal of 462 
 
 Advertisement, citations, summons, and notices of 628 
 
 creditors and claimants, for 513 
 
 for, to send in claims 528-529 
 
 excluded from benefit of judgment on failure to prove after. 513 
 
 originating summons, notice of, by 511-512 
 
 signature of 513 
 
 substituted service by 422 
 
 Adviser, legal, questions as to vahdity of ordinances, pleadings, etc., to be served on. 431 
 
 entitled to be heard on argument 431 
 
 Alias writs, issiie of , 518 
 
 Affidavits, accounts, verifying 464-476 
 
 address of deponent in 471 
 
 affirmation included in term 413 
 
 alterations in to be initialled 474 
 
 in answer 475 
 
872 ' Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 AiEdavits — Continued. 
 
 application for summary judgment on 439 
 
 attachment of debts, for 489 
 
 goods for 498 
 
 behef, when it may be stated in 474 
 
 bhnd perspns, by 475 
 
 chambers, in 475 
 
 previously used 475 
 
 commencement of 474 
 
 contents of 474 
 
 copies, certified, may be used 475 
 
 costs of improper matter in .^ : . . . . 474 
 
 informal 474 
 
 cross examination on 472 
 
 defective, judge may receive 475 
 
 deponents by two or more 471 
 
 description and address of 474 
 
 to be stated in 474 
 
 signed by, to be 474 
 
 documents of. See Discovery 456 
 
 erasures in 476 _ 
 
 evidence may be given by, when 473 
 
 by order 468 
 
 under agreement. 468 
 
 exhibits to 476 
 
 to be filed, when 473-475 
 
 certificate upon 476 
 
 facts to be deposed to by 474 
 
 filed before issue joined not to be used at trial without notice 472 
 
 filing of 474 
 
 time for 475 
 
 form of 473 
 
 iUiterate persons, by 475 
 
 information and belief on 474 
 
 interlineations in to be initialled 474 
 
 interlocutory motions on 473 
 
 interpleader 503 
 
 jurat to, form, in case of bhnd or iUiterate person 475 
 
 knowledge, notbeUef, to be sworn to, except on interlocutory motions. . . . 474 
 
 motion, evidence on, by 473 
 
 paragraphs in, to be numbered 474 
 
 particular fact at trial ordered to be proved by 469 
 
 in reply 475 
 
 scandal in, striking out - 474 
 
 costs of application for 474 
 
 served, to be, when 440-503 
 
 service of, contents of 474 
 
 to be filed, when 437 
 
 writ and claim to be marked exhibits 422 
 
 service out of jurisdiction on appUcation for leave for , 422-423 
 
Index. 873 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Affidavits — Concluded . 
 
 swearing of, before whom 474 
 
 before whom not to be taken 475 
 
 time and place to be expressed 474 
 
 title of 473 
 
 Amendment 454 
 
 application for leave for 454 
 
 clerical mistakes 455 
 
 costs of, generally ." 455 
 
 counterclaim of 454 
 
 disallowance of improper 454 
 
 failure to make after order. . . ' 454 
 
 general power to amend 455 
 
 judgments, of 455 
 
 leave, by 454 
 
 without 454 
 
 manner of amending 455 
 
 order giving leave for 454 
 
 not to be drawn up 509 
 
 orders of 454^455 
 
 parties, as to 425 
 
 pleadings of 454 
 
 counterclaim, without leave 454 . 
 
 costs of 455 
 
 dates of order and of 455 
 
 defendant, by 454 
 
 delivery, of 455. 
 
 disallowance of 454 
 
 leave, by, at any stage, on terms 454 
 
 pleadings of, plaintiff may make once without leave 454 
 
 pleading after 454 
 
 statement of claim without leave 454 
 
 _ striking out 454 
 
 time for 454 
 
 powers of 454r-455 
 
 proceedings, defect in 455 
 
 terms, on 455 
 
 third party, procedure in 431 
 
 Appearance action for recovery of land, in, as landlord 436 
 
 person in possession , 436 
 
 addresses to be given with 435 
 
 fictitious, effect of 436 
 
 default of. See Default of appearance 436-437 
 
 defendant, entry by 435 
 
 time for 419 
 
 several, some appearing, others not 437 
 
 several, some served, others not 439 
 
 landlord not named in writ by 436 
 
 must appear as such 436 
 
 partners, by. See Partners 428 
 
 person, not a party by 436 
 
 served with notice of judgment by 429 
 
874 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Appearance — Continued. 
 
 protest, under ■ 428 
 
 recovery of lands, in actions for 428 
 
 by person not party 429 
 
 Kmiting defence, notice of 436 
 
 service, setting aside, before 436 
 
 several defendants, some appearing, others not 437 
 
 served, others not 439 
 
 striking out. See Summary judgment 439 
 
 third party, by. See third party 431 
 
 time for, to writ of summons , 419 
 
 may be shortened 419 
 
 for service out of jurisdiction 423 
 
 writ, setting aside, before 436 
 
 Arrest of defendant 492-494 
 
 about to leave Territory owing SlOO 492 
 
 defendant may be committed to jail 492-493 
 
 enforcing return of writ or order 508 
 
 imprisonment not to discharge debt 494 
 
 judge may commit to jaU in certain cases. , 494 
 
 fraud or false pretences, 12 months imprisonment 494 
 
 order for arrest 492-493 
 
 security may be required before 493 
 
 to be dated day of signing 493 
 
 good for 12 months -493 
 
 copy sufficient for making arrest 493 
 
 special order 493 
 
 may be dismissed if no means 494 
 
 notice by person about to leave Territory 494 
 
 officer to arrest within time specified 493 
 
 " plaintiff," " defendant," interpretation 494 
 
 plaintiff to show cause 493-494 
 
 pohce magistrate, Whitehorse, by 493 
 
 Assignment. See change of parties 433 
 
 estate, pendente lite, of 433 
 
 carrying on proceedings after 433 
 
 Attachment of debts. ■ 489-492 
 
 affidavit for 489 
 
 application to set aside 490 
 
 costs, hability of garnishee 490 
 
 defendant 489 
 
 of garnishee, payment of 490 
 
 delay by plaintiff after appearance by garnishee 491 
 
 execution against garnishee 490 
 
 stayed till debt due by garnishee 492 
 
 exemptions from 492 
 
 garnishee sumrdons, when issuable 489 
 
 affidavit for 4g9 
 
 default by 49O 
 
 dispute by 49I 
 
 issue as to indebtedness of 49I 
 
 discharge by payment or levy 492 
 
Index. 875 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Attachment of debts — Continued. 
 
 judgment against garnishee 490 
 
 Government, garnishment against 490 
 
 service on ., 490 
 
 payment out of moneys paid in by garnishee 490 
 
 service of summons, effect of 489 
 
 manner of 490 
 
 on defendant 490 
 
 setting aside time for application for 490 
 
 for non-prosecution 491 
 
 suggestion of claim by third party 491 
 
 third party, claim by 491 
 
 procedure on 491 
 
 of personal 'property 498-500 
 
 absconding debtor, in case of 498 
 
 affidavits for writ 498 
 
 cases where issuable 498 
 
 costs of writ 499 
 
 delay by plaintiff 499 
 
 exemptions where no family remaining 499 
 
 perishable goods, disposal of 499-500 
 
 plaintiff to give security in certain cases 499 
 
 return of goods on security furnished 499 
 
 - service of writ 499 
 
 security to be gien by plaintiff when,,- 499-500 
 
 release of goods when given by defendant 499 
 
 setting aside 499 
 
 Attachment of personal property ■ 499 
 
 sheriff, return and inventory of 499 
 
 duty of 499 
 
 subsequent proceedings 499 
 
 Audita querela, abolished 482 
 
 Award, motions to enforce or remit, requirements 508 
 
 Bailiff, term included in " sheriff" 412 
 
 Bin of exchange. 
 
 joinder of parties to as defendants 425 
 
 loss of, defence of not permitted when indemnity offered 413 
 
 Cash under control of court. See funds in court 444^47 
 
 Cause, conduct of, judge may give, when 430 
 
 meaning of term 412 
 
 Cause of action, joinder of 435 
 
 Cestuit que trusts, claims by, against trustee, not barred by statute of limitations .... 415 
 
 execution of trust, any one may have judgment for 429 
 
 Chambers, adjournment of summons, further summons unnecessary 510 
 
 clerk to attend sittings in 417 
 
 costs thrown away by non-attendance 510 
 
 default in att-endance, proceeding ex parte 510 
 
 defective materials, leave to perfect 511 
 
 ex parte proceedings where party faill to attend 510 
 
 costs on 510 
 
 reconsideration of 510 
 
876 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Chambers — Continued. 
 
 ex parte proceedings reconsiderations of terms ._ 510 
 
 judge may require notice to be given 510 
 
 guardian ad litem, may be appointed 614 
 
 judge in, may declare himself in court 413 
 
 jurisdiction of, in chambers , 610 
 
 motions. See motions and applications 507 
 
 orders, date of r 509 
 
 need not be drawn up, when 509 
 
 varying 514 
 
 originating summons, by. See originating summons 509 
 
 proceeding failing by non-attendance of party, costs 510- 
 
 summons in, time for service 509 
 
 ^ Change of solicitor 420 
 
 Change of parties 433^35 
 
 solicitor for plaintiff to certify 435 
 
 assignment, creation or devolution of estate pendente lite 433 
 
 capacity of party, change of 433-434 
 
 cause of action, surviving or continuing 433 
 
 death of parties .' 433-435 
 
 failure to proceed on 434 
 
 marriage of party 433 
 
 order to carry on proceedings 433 
 
 appUcation for ex parte ' 434 
 
 service of 434 
 
 appearance by person served 434 
 
 effect of 434 
 
 discharging or varying 434 
 
 order to carry on discharging, when person not under disabiUty 434 
 
 when person under disability 434 
 
 default of application for 434 
 
 persons interested coming into existence after action 433-434 
 
 successor made party on 434 
 
 Chose in action, interpleader regarding 416 
 
 vesting, order for 413^14 
 
 Class representation of, in suit 426 
 
 representation of unascertained 428 
 
 Clear days, how reckoned 518 
 
 Clerks of court 90-417 
 
 See Clerk and Deputy Clerk. 90 
 
 absence of, provision for 417 
 
 accounts to be kept by 417 
 
 books to be kept by 417 
 
 open to pubUc 417 
 
 duties of 417 
 
 office hours 417 
 
 vacancy in office, disposition of books, etc 417 
 
 who included in term 412 
 
 Common law, equity to prevail, where variance , 416 
 
 Concurrent writ. See Writ of summons 419 
 
 Conduct of proceedings, judge may give to party, when 429 
 
Index. 877 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Confession of defence -. 447 
 
 Consignee, term included in Receiver 412 
 
 Constitutional questions, notice to be given legal adviser where Ordinances questioned 431 
 
 legal adviser entitled to be heard on 431 
 
 Contract, alternative, pleading > 413 
 
 construction of 416 , 
 
 part performance when satisfaction 416 
 
 stipulations in, construction 416 
 
 Contribution or indemnity 431 
 
 defendant claiming against third party 431 
 
 defendant 433 
 
 Coroner, term included in Sheriff 412 
 
 Corporations, service of writ on 421 
 
 Costs. 
 
 administration, etc 522 
 
 clerks' fees 516-522 
 
 copy tariS to be posted 516 
 
 lunacy matters, in 521 
 
 deposit when amount unascertainable 517 
 
 discovery, of examination for 461 
 
 ■ discretion of court as to 514 
 
 event, follow, where trial by jury 514 
 
 executors, trustees, etc., of 514 
 
 executors, trustees, guardians, etc., compensation to 515 
 
 fees payable in advance in certain cases 517 
 
 guardian ad litem, solicitor of 515 
 
 Costs,' mterpreters 516-542-546 
 
 fees 546 
 
 issues, of °^5 
 
 judges to fix clerks' and sheriffs' fees 516 
 
 isolicitors' 517 
 
 i^y 516-542 
 
 security for, application for 515 
 
 bond by, to whom given 515 
 
 cases in which ordered 515 
 
 manner and time of giving 515 
 
 sheriff's fees 516 
 
 copy tariff to be posted 516 
 
 smaU debt tariffs 545-546 
 
 Solicitors fees 
 
 may be deprived of or ordered to pay, when 516 
 
 taxation of notice of 516 
 
 review of 516 
 
 evidence on 516 
 
 tariffs in certain cases • 542-545-546 
 
 copy of to be posted 51o 
 
 third party procedure, in 533 
 
 witnesses 516,546 
 
878 ~ Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Counterclaim — See Pleading. 
 
 amendment of, without leave 454 
 
 cross action, same effect as 441 
 
 defence of matter arising pending the action 447 
 
 defendant may set up 441 
 
 discontinuance, effect on 441 
 
 of 453 
 
 dismissal of alction, effect on 441 
 
 exclusion of 441 
 
 equitable rights under 414 
 
 judgment on 441 
 
 default of appearance by plaintiff at trial 467 
 
 matters arising pending the action 447 
 
 misjoinder of plaintiffs, effect on 426 
 
 payment into court on 446 
 
 plaintiff improperly joined, against 425 
 
 pleading 441-443 
 
 reply to 441 
 
 how pleaded ' 441-442 
 
 matter arisen pending action 447 
 
 stay of action, effect of 441 
 
 striking out 453 
 
 striking out if not convenient to be disposed of in action 441 
 
 third parties 414 
 
 withdrawal of 453 
 
 court sittings of : 414 
 
 Creditors. 
 
 administration action by 511 
 
 Creditors, advertisements for 513 
 
 claims in chambers by 513 
 
 omission to file in time, exclusion ^ 513 
 
 Cross-examination, see affidavit, trial 
 
 Damages, ascertainment of, default of appearance in 437 
 
 assessment of, continuing cause of action 465 
 
 default of appearance in action for 437 
 
 defence to action for 442 
 
 injunction in Ueu of 416 
 
 inquiry as to 465 
 
 pleading as to 442 
 
 reference to officer of court to ascertain 465 
 
 specific performance, in heu of 416 
 
 Death of parties, see change of parties 433 
 
 action not to abate on 433 
 
 after verdict, entry of judgment 433 
 
 Default of appearance, affidavit of service to be filed before proceeding on. 437 
 
 defendants, several, some served, others not 439 
 
 defendants, several, some appearing, others not 437 
 
 hearing .at 457 
 
 infant or person of unsound mind, by 436-437 
 
 judgment upon, administration or partition action in 438 
 
Index. 879 
 
 I 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . , 
 
 Default of appearance — Continued. 
 
 judgment upon damages, in case of claim for 438 
 
 and liquidated demand 438 
 
 mode of ascertaining 465 
 
 defendants, some not served 439 
 
 detention of goods, claim for 438 
 
 land, recovery of, in action for 438 
 
 and damages 438 
 
 and mesne profits 438 
 
 liquidated demand, in case of claim for.. . . '. . 437 
 
 several defendants 
 
 default by some. 437 
 
 mortgage, lien or charge, in actions respecting 438 
 
 setting aside or varying 439 
 
 third party against 432 
 
 motions, notice of, in case of 508 
 
 pleadings, delivery of, by fifing in 435 
 
 proceedings on, in actions not sepcially provided for 439 
 
 service, indorsement of, on writ not necessary 422 ' 
 
 of motions, in case of 508 
 
 substitutional, proof of claim, in case of 422 
 
 third party, by 432 
 
 trial at 467 
 
 writ of summons to be filed on 437 
 
 order dispensing with filing 437 
 
 Default of pleading close of pleadings on 449 
 
 defendant, by, where action for debt or liquidated demand 449 
 
 several defendants, default of one.. . 449 
 
 detention of goods and damages .... 449 
 Default of pleading defendant, by, where action, several defendants, default of one or 
 
 more 449 
 
 recovery of land 450 
 
 with claim for mesne profits, etc. . . . 450 
 
 where defence to part only of claim 450 
 
 other cases 450 
 
 entry of judgment, in 449-451 
 
 issue, by, other than parties to 451 
 
 judgment on, setting aside 439 
 
 reply, by non-defivery of 449 
 
 third party, by 451 
 
 Defendant. See Parties. 
 
 adding 426 
 
 added, service on 426 
 
 address of 419-435 
 
 appearance by 435 
 
 claiming contribution or indemnity against Other defendant 433' 
 
 third party. See third party 431 
 
 co-defendants, questions between, not to delay plaintiff 433 
 
 counterclaim by 441 
 
 death of. See change of parties 433 
 
 default of appearance by. See default of appearance 436-439 
 
~ 880 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Defendant — Continued. — 
 
 discontinuance by 463 
 
 equitable clain^is by 415 
 
 counterclaim by ; 414 
 
 jurisdiction, out of, issue of writ against 422-423 
 
 marriage of. See change of parties 433 
 
 meaning of term 412 
 
 not interested in all relief claimed 425-426 
 
 payment into court by 444 
 
 representative capacity of to be shown in statement of claim 426 
 
 service of writ on 421-422 
 
 substitutional 422 
 
 third party added by 431 
 
 who may be joined as 425 
 
 Deputy clerk 
 
 included in term " clerk " 412 
 
 ordinance respecting 90 
 
 See Clerks and Deputy Clerks. 
 
 Deputy Sheriff, mcluded in the term " sheriff " 412 
 
 ordinance respecting 765 
 
 See Sheriffs. 
 
 Defence. See pleading 441 
 
 amendment 454-455 
 
 confession of - 447 
 
 judgment for costs on 447 
 
 contents of 441 
 
 counterclaim by way of 441 
 
 See Counterclaim. 
 
 equitable 414 
 
 damages, pleading to claim for 442 
 
 delivery of 435 
 
 default in 449, 450, 451 
 
 ) time for 435 
 
 filing, time for , 435 
 
 further and better 441 
 
 leave to put in under order X 440 
 
 hmiting in action for recovery of land 436 
 
 matter arising pending the action ; 447 
 
 part of claim only, to 450 
 
 particulars of, order for 441 
 
 not a stay 441 
 
 payment into court before and with 444r-445 
 
 pleading, rules of 441-443 
 
 service of 435 
 
 statement of, contents 441 
 
 striking out 443, 448 
 
 for non-compliance with order for discovery, etc 457 
 
 tender with, before action 444 
 
 time for delivery of 435 
 
 enlargement of 435,510 
 
 withdrawal of 453 
 
Index. 881 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Discontinuance, costs of action on 453 
 
 counterclaim may be proceeded with after 441 
 
 defence, before 453 
 
 defendant by, by leave 453 
 
 entry for trial, after 453 
 
 judgment for costs on 453 
 
 leave of court for 453 
 
 notice of 453 
 
 order of judge, by 453 
 
 plaintiff by 453 
 
 stay of new action brought before payment of costs of discontinued 
 
 action 453 , 
 
 subsequent action, when no defence to 453 
 
 taxation of costs on 453 
 
 terms for withdrawal of defence 453 
 
 ;withdrawal by consent 453 
 
 of defence 453 
 
 Discovery, examiaations for 459 
 
 appeal from order of examiner 459 
 
 appointment for, issue of 458 
 
 non-attendance on ■. 460 
 
 service of 458 
 
 bodies corporate, officers of 458 
 
 certified copies of depositions 459 
 
 compelling attendance for 458 
 
 conduct money to be paid 468 
 
 of examination, mode of 458-459 
 
 copies of documents to be taken, when 459 
 
 corporations, officers of 458 
 
 costs of, inquiry as to 461 
 
 objections by witness 460 
 
 cross-examination and re-examination 459 
 
 depositions, certified copy ot, effect of 461 
 
 filing of 461 
 
 form of 460-461 
 
 taken in shorthand, when 460 
 
 form and completion 461 
 
 to be read over and signed 461 
 
 witness refusing to sign 460 
 
 documents, inspection of by examiner 459 
 
 production of, on witness refusing to part with, copies to be 
 
 taken 459 
 
 evidence, use of examination in 461 
 
 examination, before whom to take place 458 
 
 costs of, inquiry as to .461-462 
 
 explanatory 459 
 
 further on party's own behalf 459 
 
 party united in interest, of 459 
 
 rules of 458 
 
 where to take place 458 
 
 70263—56 
 
882 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Discovery — Continued . 
 
 examiner, who to be 458 
 
 appeal from order of 459 
 
 may make special report 461 
 
 explanatory examination 459 
 
 officer of body corporate 458 
 
 jurisdiction, out of 458 
 
 notice tp produce documerits on 459 
 
 objections by witness, costs of 460 
 
 decisions of 460 
 
 to questions 460 
 
 to be recorded 460 
 
 officer before whom to be held 458 
 
 officers of bodies corporate, of 458 
 
 order of examiner, appeal from 459 
 
 order special, not necessary for 458 
 
 out of jurisdiction 458 
 
 parties Uable to examination 458 
 
 party united in interest with person examined 459 
 
 penalty for non-attendance on 460 
 
 place of examination 458 
 
 production of documents on 459 
 
 re-examination and cross-examination 459 
 
 refusal to attend for examination 460 
 
 return of depositions to clerk 461 
 
 rules for examination 458 
 
 shorthand, use of, on 460-461 
 
 special order for, not necessary 458 
 
 subpoena for, issue of. 458 
 
 disobedience to 46() 
 
 time examination may take place 458 
 
 trial, use of depositions in evidence at 461 
 
 witness, conduct of, report of examiner on 461 
 
 punishment of 461 
 
 fees 458 
 
 non-attendance, penalty 460 
 
 objections by 460 
 
 (and inspection) of documents 457 
 
 solicitor not notifying client of order 457 
 
 affidavit of 456 
 
 application for, ex parte 456 
 
 attachment for failure to comply with order for 457 
 
 by and from whom obtainable 456 
 
 decision of question prior to 457 
 
 default in making 457 
 
 defendant, when required from ■. 456 
 
 documents of 456 
 
 affidavit of 456 
 
 default in filin g 457 
 
 documents of, affidavit of, objection to produce to be taken in 456 
 
 appUcation for 456 
 
Index. 883 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature— Continued . 
 Discovery — C!ontinued . 
 
 documents of order for 456-467 
 
 inspection. See documents 457 
 
 non-compHance with order for 457 
 
 order for, service on solicitor. 457 
 
 parties from whom required 456 
 
 plaintiff, when required, from 456 
 
 production 456 
 
 reserving, pending decision of question 457 
 
 service of order on soHcitor 457 
 
 time for, by defendant 456 
 
 plaintiff 456 
 
 Discovery in aid of execution 488-489 
 
 books and documents, production of 489 
 
 conduct money of person examined 489 
 
 corporation, officer of, examination 488 
 
 costs of examination 489 
 
 difficulty in enforcing judgment other than for money 488 
 
 disobedience to order 489 
 
 examination of judgment debtor 488 
 
 officer of corporation 488 
 
 clerk or former employee 488 
 
 transferee of debtor's property 488 
 
 rules of 489 
 
 natiure of examination 489 
 
 use of examination 488 
 
 Documents, production of. See discovery 456 
 
 admission of 462 
 
 affidavit of. See discovery 456 
 
 cost of proving after refusal to admit 462 
 
 discovery of 456 
 
 examination for discovery, production on 458-459 
 
 impounded .' 469 
 
 inspection of, apphcation for 456 
 
 bank and trade books 456-457 
 
 default in giving notice of time for 457 
 
 notice for, fixing time for 457 
 
 order for during pendency of cause 456 
 
 persons to whom allowed 456 
 
 time for 456 
 
 notice to admit 462 
 
 effect of on costs 462 
 
 inspect, time for 456 
 
 produce on examination for discovery 459 
 
 pleaded, how 442-443 
 
 inspection of 456 
 
 production of 456 
 
 bankers books, etc 456-457 
 
 default in, after notice 457 
 
 examination for discovery, on 459 
 
 70263—561 
 
884 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Documents — Continued. 
 
 ' production of non-compliance with order for 457 
 
 notice for 456 
 
 order for 456, 469 
 
 service of 457 
 
 penalty on non-, after order 457, 469, 470 
 
 place of 456 
 
 possession or power of party, in 456 
 
 referred to in affidavits or pleadings 456 
 
 Engineers, judge may obtain assistance of 513 
 
 England, laws of evidence applicable .416-417 
 
 forms used in 517 
 
 practice in, when appUcable 417-418 
 
 Equity, rules to prevail - 416 
 
 Equitable claims, defendant, by, court to entertain 414-415 
 
 counterclaiming 414 
 
 against third parties 414 
 
 plaintiff, by 414 
 
 equities appearing incidentally 415 
 
 Equitable defences 414 
 
 waste 415 
 
 Estate for life, without impeachment of waste 415 
 
 Evidence, admissions of service by solicitors 424 
 
 affidavit, by of particular fact 468-469 
 
 except where cross-examination honafide required 469 
 
 cross-examination on 472 
 
 copies of records, etc., certified by clerk 469 
 
 documents impounded, removing 469 
 
 examiner, may be taken by 468 
 
 to be sworn 468 
 
 examination ot witnesses, order for 469 
 
 viva voce or by interrogatories 468 
 
 giving in evidence 469 
 
 witness entitled to conduct money 470 
 
 disobedience to order 469 
 
 copy proceedings for examiner 470 
 
 conduct of 470 
 
 mode of taking depositions 470 
 
 disobedience of witness 470 
 
 objections by witness 470-471 
 
 return of depositions 471 
 
 special report by examiner 471 
 
 use of depositions in evidence 471 
 
 examiner may administer oaths 471 
 
 for use in proceedings in cause 472 
 
 cross-examination on afiidavit 472 
 
 notice of intention to use at trial depositions taken before 
 
 issue joined 472 
 
 impounded documents, removal of 469, 
 
 interrogatories, examination by 468-469 
 
 judgment on, taken by examiner 468 
 
Index. ' 885 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued. 
 Evidence — Continued . 
 
 judgment on certified copy of 478 
 
 laws of England, as to, adopted 416 
 
 perpetuating testimony, action for 473 
 
 production of documents, order for 469 
 
 renewal of writ of summons: 420 . 
 
 taken in other causes may be read 469 
 
 other than at trial, mode of taking 472 
 
 Evidence taken, at trial, subsequent use of 472 
 
 witnesses, examination viva voce unless otherwise agreed 468 
 
 conduct money, entitled to 440 
 
 Examination, defendant of, on application for summary judgment 470 
 
 discovery, for 458 
 
 See Discovery. 
 
 evidence, for use as 469-472 
 
 See Evidence. 
 
 Exchange of properties, proceedings where ordered 606 
 
 Execution creditor, term includes assignee 413 
 
 Execution 479-488 
 
 See Creditors Relief Ordinance. 278 
 
 audita querela abolished 482 
 
 bank notes, seizure of 484 
 
 bills, seizure of 484 
 
 bonds, seizure of 484 
 
 change of parties, leave to issue after 482 
 
 cheques, seizure of 484 
 
 corporation, against 483 
 
 costs, for 487 
 
 costs, against lands, money made on goods 486-487 
 
 of 487 
 
 taxation of 487 
 
 revision of 488 
 
 crops, growing, seizure of 485 
 
 date of 481 
 
 death of judgment debtor, upon 482 
 
 difficulty arising about 488 
 
 direction to sheriff 482 
 
 discovery in aid of 488 
 
 costs of 489 
 
 duration of 481 
 
 effect of as against goods 483 
 
 equitable, originating summons for. See receiver 465 
 
 equity of redemption in goods, seizure of 484 
 
 expenses of 482 
 
 levy for 487 
 
 expiry of writ, sale after 486 
 
 firm, against 480-481 
 
 form, where none provided 483 
 
 garnishee against 490 
 
 gold dust, seizure of 484 
 
 goods, effect of, as against 483 
 
886 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Execution — Continued. 
 
 goods equity of redemption in, seizure of 484 
 
 husband, liable or entitled on judgment against wife 482 
 
 interest, levy for 487 
 
 issue by leave in certain cases 482 
 
 requirements on 481 
 
 judgment or order on condition, condition not complied with 480 
 
 delivery of land for 480 
 
 mandamus, injunction, specific performance of 483 
 
 recovery of property other than„land or money 480-486 
 
 special case, on decision after 767 
 
 to do act other than pajrment of money 480 
 
 in a limited time 480 
 
 or abstain from act of 480 
 
 land, for recovery of 480-486 
 
 and costs, separate writs 486-487 
 
 issue of, against 485 
 
 proceedings on sale of, under 485-486 
 
 no return nulla bona to goods necessary., 485-486 
 
 sale, time for 485 
 
 when amount due $50 .00 485 
 
 transfer, form of 486 
 
 one or more writs for 486-487 
 
 advertisement of 485 
 
 adjournment of 486 
 
 notice of 486 
 
 transfer form in certain cases 486 
 
 land, for money made on goods, no costs allowed against lands 
 
 (Sec. 380) 486 
 
 return in such case (Sec. 380) 486 
 
 leasehold interests, seizm-e of 484 
 
 leave to issue in certain cases 482 
 
 upon change of parties 482 
 
 death of judgment debtor 482 
 
 third party, against 432 
 
 levy, what to be included in 487 
 
 mining claims, seizure of 484 
 
 money, for pasrment of 480 
 
 seizure of . ". 484 
 
 mortgages, seizure of 485 
 
 notice to mortgagor 485 
 
 nuUa bona, return of, when as to goods 486 
 
 order, of, Uke judgment 482. 
 
 to do act at expense of party refusiug 483 
 
 partners against 480-481 
 
 payment of money, for 480 
 
 by sheriff, of money reaKzed 485 
 
 person not a party, by or against 482 
 
 perishable articles, sale of, under 483 
 
 poundage, etc., levied upon 482,487 
 
 praecipe for, contents of 481 
 
Index. , ^"Sl 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Execution — Continued . 
 
 promissory notes, seizure of 484 
 
 renewal of '...'. 481 
 
 return of 485, 486, 508 
 
 enforcing 508 
 
 sale under 483 
 
 in interpleader proceedings 504 
 
 sheriff, by 483 
 
 notice of 483 
 
 securities, seizure of 484 
 
 separate, for debt and costs in certain cases 486-487 
 
 sheriff to whom directed 482 
 
 seizure and sale by ~ 483 
 
 payment by, of moneys realized 485 
 
 fees of to be deducted from levy 485 
 
 charges of, poundage; amount chargeable 487 
 
 on withdrawal or stay of execution 487 
 
 taxation of 487 
 
 revision of 488 
 
 six years after judgment, leave for 482 
 
 execution, stay of 480-483 
 
 on ground of facts arisen too late to be pleaded 482-483 
 
 on judgment agaiast third party 432 
 
 taxation of costs of sheriff on 487 
 
 time for issue of 480, 481, 482 
 
 within six years 482 
 
 writ of, date of 481 
 
 writ of, directed to sheriff 482 
 
 duration of 481 
 
 expiry, proceedings after 486 
 
 form of . , 483 
 
 indorsements on 482 . 
 
 issue of, time for 480-481-482 
 
 leave for 482 
 
 against lands 485 
 
 praecipe for 481 
 
 priority of 481 
 
 renewal of 481 
 
 return of 486-508 
 
 separate, for money and costs 486-487 
 
 Executors . 
 
 actions by or against on behalf of estate 426 
 
 administration at suit of 429 
 
 originating summons for 511 
 
 attendance of on claim against estate in administration 430 
 
 costs and compensation of 514-531 
 
 opinion, advice or direction of judge, appUcation for 513-514 
 
 originating summons, by 511 
 
 Exhibits 476 
 
 See Affidavits. 
 
 Ex parte, judge may refuse to proceed 517 
 
 may direct notice to be given 517 
 
888 ^ Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Experts. 
 
 judge may obtain assistance of 513 
 
 Express trusts 415 
 
 claim of cestui que trusl not barred by statute of limitations 415 
 
 determination of questions regarding 511 
 
 Fees 514^517 
 
 See Costs. 
 
 Firm 427-428 
 
 See Partnership. 
 
 defendant carrying on business as, service on 428 
 
 Foreclosure. 
 
 action for, default of appearance 438 
 
 originating summons for 507 
 
 Foreign judgment . 
 
 action on, service out of jurisdiction 423 
 
 Forms 
 
 adaptation of, in use in England 517 
 
 schedule of 536, 545 
 
 Fraudulent transfers, summary inquiry into 465 
 
 application for 422 
 
 equitable execution 465 
 
 issue or inqiiiry 465 
 
 injunction or receiver 466 
 
 order for sale 466 
 
 Funds in court 444-447 
 
 banking 447 
 
 cheques to be initialled by judge 447 
 
 deposit at interest 447 
 
 special account to be kept 447 
 
 conversion of securities, application for 447 
 
 infant or person of unsound mind, recovered by 446 
 
 investment of 446 
 
 Garnishee 489-492 
 
 See Attacliment of Debts. 489-492 
 
 Guardian, official 700-702 
 
 See Public Administrator. 
 
 Guardian, accounts of, passing 498 
 
 ad litem 514 
 
 infants, of 522-524 
 
 lunatics, of 520-522 
 
 security by 523-627 
 
 Heir at law, administration judgment obtainable by 511 
 
 advertisement for claims by 513 
 
 not necessary party to action to execute trusts of will 429 
 
 originating summons by 511 
 
 representation of unascertained. . . .^. 428 
 
 Husband and wife, service on when both defendants 422 
 
 Indemnity or contribution, defendant claiming against third party 432 
 
 defendant 432 
 
 Infants, actions in which interested, service on pubhc administrator 530 
 
 custody 62'^525 
 
Index. 889 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Infants — Continued . 
 
 estate and property of 525-527 
 
 guardianship of 522-524 
 
 pajrment into court and investment of moneys recovered by 446 
 
 persons and estate of .- 524-525 
 
 interested coming into existence aftter action 433-434 
 
 pleading by, omission of denia^ii, no admission 441 
 
 public administrator may be guardian 531 
 
 remuneration of 531 
 
 service of writ of summons on 422, 436, 437 
 
 pubhc administrator for 531 
 
 notice of judgment on 430 
 
 wages, may sue for, as if of full age 417 
 
 Injunction, damages in Keu of or in addition to -. 416 
 
 against continuance of wrongful act. . . .• ' 496 
 
 form and effect 496 
 
 interlocutory, order for 422, 496 
 
 service out of jurisdiction in actions for 423 
 
 wrongful act, against continuance of 496 
 
 Insolvency of parties, action not to abate on 433 
 
 Inspection of documents 456 
 
 See Documents, 
 
 Inquiries, accounts, etc 463-464 
 
 conveyances, fraudulent, into 465-466 
 
 damages, as to 466 
 
 cause of action continuing, where 465 
 
 damages, as to on interlocutory judgment in default of appearance 438 
 
 defence. . . 450 
 
 fraudulent transfers, into 465-466 
 
 personal estate, as to outstanding 464 
 
 transfers, fraudulent, into 465-466 
 
 originating summons for 465 \ 
 
 order for sale after. 466 
 
 interim injunction or receiver. 466 
 
 Inspection by judge or jury 495 
 
 Interlocutory orders. 
 
 allowance out of estate, pendente lite 496 
 
 appUcation for, ex parte or by motion ^ 495 
 
 chattel for delivery of 496 
 
 detention of property for 495 
 
 generally ~ 495-496 
 
 injunction, form and effect 496 
 
 against continuance of wrongful act 496 
 
 inspection, etc., of property 495 
 
 by jury 495 
 
 interim preservation of property 495 
 
 preservation of property, interim 495 
 
 sale of perishable goods, for 495 
 
 samples, authorizing taking of 495 
 
 Interpleader.' 
 
 adverse titles of claimants in : 503 
 
890 ' index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued. 
 
 Interpleader — Continued . 
 
 affidavit for, matters to be proved by 503 
 
 appeal in 504 
 
 cases in which gianted 502 
 
 chose in action, conflicting claims to 416 
 
 claimants not appearing or being in default 504 
 
 order against 504 
 
 costs 505 
 
 sherifl's, first hen 505 
 
 sheriff's to be taxed 505 
 
 on compromise 506 
 
 judgment upon 505 
 
 special directions regarding. 509 
 
 landlord, proceedings by 509 
 
 defendant, application "by, time for 503 
 
 stay of action 503 
 
 discovery and inspection 505 
 
 issue may be ordered 503 
 
 powers of judge generally •. 505 
 
 sheriff's interpleader 502 
 
 claims in respect of which appUcation may be made 502 
 
 to be in writing 502 
 
 notice of, to execution creditor , 502 
 
 not admitted, procedure 503 
 
 admitted, procedure 503 
 
 sheriff's costs in case of withdrawal 503 
 
 execution creditor, notice to. 502-503 
 
 by 603 
 
 time for 502-503 
 
 sale of goods seized 504 
 
 several writs against same property 505 
 
 security by claimant, re-dehvery 505 
 
 special case, where question one of law 504 
 
 stay of action where defendant interpleads 503 
 
 summons, nature of , 503 
 
 order on 503 
 
 summary disposal 504 
 
 Irregularity. 
 
 apphcation to set aside proceedings for 618 
 
 costs of 518 
 
 time for 618 
 
 fresh step after, effect of taking 518 
 
 jurat of affidavit, in 474 
 
 non-comphance with rules, by 517 
 
 service, setting aside for 536 
 
 waiver of 51g 
 
 writ, setting aside for 536 
 
 Issue of process 43^7 
 
 Issues 4Q3 
 
 See Inquiries, Accounts. 
 
 costs to follow the event ' 515 
 
Index. 891 
 
 The figures refer to the top paging. 
 
 Judicature — Continued. Page. 
 Issues — Continued. 
 
 directed before granting discovery 457 
 
 issuing execution 482 
 
 garnishee, to determine liability of 49X 
 
 motion for judgment on 476 
 
 partner, to determine liability of alleged 481 
 
 fact when directed 453 
 
 fraudulent transfers, concerning 465 
 
 interpleader 503 
 
 See Interpleadef. 
 
 joinder of 448-44ff 
 
 judge may direct 463 
 
 preparation of may be ordered when not sufficiently defined 463 
 
 settling 463 
 
 trial of 463 
 
 Joinder of causes of action 
 
 exclusion, order for 435 
 
 generally 435 
 
 inconvenient for trial together 435 
 
 Joinder of issue 448-449 
 
 close of pleadings 449 
 
 default of pleading, by 449 
 
 reply, by 449 
 
 Joinder of parties 425-426 
 
 m:W\ , See Parties. 
 
 Judge in chambers. 
 
 may announce acting as in court 413 
 
 jurisdiction of 510 
 
 Judgment. 
 
 amendment of clerical errors in 455 
 
 antedating of 478 
 
 application for summary. . . . ^ 439-440 
 
 clerical mistakes in 455 
 
 clerk to enter and record .417,478,479 
 
 conditional, execution of 480 
 
 waiver of 480 
 
 confession of defence, for costs on 447 
 
 consent by, defendant represented by solicitor 479 
 
 proof of consent, defendant in person 479 
 
 copies, certified, effect 478 
 
 costs for, where money paid into court in satisfaction of claim 445 
 
 counterclaim on 441 
 
 date of 478 
 
 death of parties after 482 
 
 declaratory, may be asked for 448 
 
 may make binding declarations of right 448 
 
 decree, included in 413 
 
 default, by, against infant or lunatic 436-437 
 
 of appearance 436-437 
 
 _ See Default of Appearance. 
 
 of pleading 449-451 
 
 See Default of Pleading. 
 
892 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Judgment — C!ontinued . 
 
 default, setting aside or varying 439 
 
 substitutional service, where 424 
 
 delivery of land, for enforcing 480 
 
 demand, when not required after 479 
 
 directions in for accounts, etc 464 
 
 discontinuance on 453 
 
 dismissal of, on plaintiff not appearing 467 
 
 enforcing, against corporation 483 
 
 difficulty in 488 
 
 for payment of money 480 
 
 See Execution. 
 
 for recovery of land 480 
 
 property . 480 
 
 ordering doing, or abstaining from some act 480 
 
 entry of, affidavit, on production of 479 
 
 certificate, on production of 479 
 
 date of 478 
 
 document, on production of 479 
 
 order on production of 479 
 
 production of documents ,on 479 
 
 recording at length 478 
 
 error in 455 
 
 execution of 480 
 
 See Execution. 
 
 fii'm, against, enforcement , 480-481 
 
 garnishee against , 490 
 
 includes decree 413 
 
 indorsement on copy of, for service 478 
 
 interlocutory, in default of appearance 438 
 
 pleading 450 
 
 libel and slander, in actions on 479 
 
 mandatory, carried out at expense of disobedient party 483 
 
 mistakes in 455 
 
 motion for 477 
 
 application may be tiu:ned into 477 
 
 appearance, notice of before 477-478 
 
 admissions on 462 
 
 finding of jury, setting aside 476 
 
 inferences of fact, court may draw on 47&-477 
 
 judgment of com-t to be obtained by 476 
 
 wrong, where ._. . 476 
 
 on finding of jury 476 
 
 notice of motion for, before appearance 477-478 
 
 setting down action on 476 
 
 time for 476-477 
 
 trial of issues, after 477 
 
 trial, after 477 
 
 time for 477 
 
 standing over 477 
 
 turning apphcation into 477 
 
Index. 893 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Judgment — Continued . 
 
 notice of 430 
 
 advertisement, by 513 
 
 appearance by person served with 429 
 
 application by party served to discharge vary or add to 429 
 
 time for 429 
 
 attendance of proceedings by persons served with 429 
 
 service of, effect of 429 
 
 memorandum of 429-430 
 
 on persons interested in estate under disability 430 
 
 obedience to, without demand 479 
 
 omission in, correcting 455 
 
 orders enforceable as 482 
 
 originating summons, on 510 
 
 partners against 480-481 
 
 out of jurisdiction 481' 
 
 post dating 478 
 
 recording at le'agth 478 
 
 recovery of land, for 480 
 
 satisfaction of 479 
 
 service of, time for 478 
 
 setting aside, default, on 439 
 
 of appearance 439 
 
 third party, by 432 
 
 trial at 467 
 
 setting aside default, where wrong, on finding of jury 476 
 
 shp in, correcting 455 
 
 special case on 466 
 
 summary 439-440 
 
 See Summary Judgment. 
 
 third party, against 432 
 
 time for doing any act, must be stated in 478 
 
 Jurisdiction to be exercised as in England if no other provision < 413 
 
 Jury, payment into court not to be communciated to 446 
 
 trial by, in civil cases 451 
 
 See Trial. 
 
 Land, action for recovery of, against overholding tenant 509 
 
 appearance in, of person not named as defendant 436 
 
 Umitation of defence to be stated 436 
 
 default of appearance in, judgment upon . -. 438 
 
 pleading in, judgment on 450 , 
 
 appearance by landlord 436 
 
 mortgagor, by 415 
 
 person in possession, not defendant, appearing in 436 
 
 service of writ where possession vacant 422 
 
 out of jurisdiction 422 
 
 judgment for recovery of, enforcing 480' 
 
 separate execution for costs 486-487 
 
 originating summons against overholding tenants 509 
 
 suits for possession, by mortgagors 415 
 
 trespass or other wrong, by mortgagors 415 
 
894 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Landlord and tenant. (See Land). 
 
 action for recovery against overholding tenant 509 
 
 appearance in, of person as defendant 436 
 
 limitation of defence to be stated 436 
 
 default of appearance in, judgment upon 438 
 
 pleading in, judgment on 450 
 
 appearance by landlord 436 
 
 service of writ where possession vacant 422 
 
 mortgagor entitled to possession may sue or distrain 415 
 
 originating summons against overholding tenant 509 
 
 Law and equity, variance between, equity prevails 416 
 
 Legatee, administration at suit of and residuary legatee of legacy charged on land . . 428-429 
 
 Lien, action for sale or redemption, default of appearance in 438 
 
 Liquidators, accounts of, passing 498 
 
 Loss of negotiable instrument, defence excluded when indemnity offered 443 
 
 Lost writ copy may be sealed in heu of 420 
 
 Lunatics, admissions in pleadings, none by want of denial 441 
 
 guardianship and disposition of estates of 520-522 
 
 jurisdiction of court regarding 415 
 
 meaning of term 413 
 
 public administrator may be guardian 531 
 
 service of writ of summons on 422, 436, 437 
 
 Manager, included in term Receiver 412 
 
 Mandamus, claim for to be indorsed in statement of claim 496 
 
 interlocutory, application for 416 
 
 judgment for 497 
 
 enforcement of 497 
 
 protection of person acting under 497 
 
 time for performance of duty commanded 496-497 
 
 may be extended 497 
 
 writ of not to be issued 497 
 
 Marriage, action not to abate on 433 
 
 Matter, meaning of term 412 
 
 Matters arising pending the action 447 
 
 in controversy, final determination 415 
 
 Merchants, judge may obtain assistance of 513 
 
 Merger, none in law where not in equity 415 
 
 Minor See Infants. 
 
 may sue for wages 417 
 
 Moneys in court. See Funds in Court. 
 
 Mortgage, action on, claiming foreclosure, sale or redemption, default of appearance. 438 
 
 originating summons for sale, foreclosure, redemption or possession 507 
 
 Mortgagor in possession, rights of 415 
 
 Motions and applications, adjournment of hearing 508 
 
 where persons not served 508 
 
 afiidavits, to be served, when 508 
 
 arrest, attachment, etc., writs of, enforcing return of 508-509 
 
 before appearance 608 
 
 chamber motions to be by notice 507 
 
 court motions, etc., to be by notice 507 
 
Index. 895 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Contmued . 
 
 Motions — Continued . 
 
 dismissal where parties not served 508 
 
 ex parte, when authorized 508 
 
 orders may be made to avoid irreparable mischief 507 
 
 setting aside or varying 507 
 
 and applications 
 
 grounds to be stated in certain cases 508 
 
 judgment for See Judgment. 
 
 notice of 508 
 
 length of 508 
 
 service before appearance 508 
 
 on non-appearing defendant 508 . 
 
 orders cases in which need not be drawn up '. . . . 509 
 
 notice of in such cases 509 
 
 date of 509 
 
 preliminary questions may be decided 508 
 
 sheriff, notice to return writ, etc 508 
 
 effect of 509 
 
 Multiplicity of proceedings to be avoided 415 
 
 Negotiable instruments, loss of, defence excluded when indemnity given 443 
 
 Next of kin, administration action by .428-511 
 
 advertisement for claims by 513 
 
 originating summons by 511 
 
 representation unascertained 428 
 
 Non-compliance, effect of 517 
 
 See Irregularity. 
 
 Not guilty by statute, defence of 441 
 
 other defences excluded- unless leave granted 441 
 
 Notice of action against public officers 517 
 
 judgment, of, to be given, when 429 
 
 pleaded, how to be 443 
 
 of trial ' 451-453 
 
 by plaintiff 451 
 
 by defendant 451 
 
 application by defendant to dismiss in absence ' . , 451-452 - 
 
 form of 452 
 
 length of V 452 
 
 to be given before entry 452 
 
 avoidance of, imless within six days 452 
 
 for Dawson 452 
 
 effect of 452 
 
 elsewhere than for 452 
 
 effect of 452 
 
 coimtermand of 452 
 
 leave for necessary 452 
 
 costs of 452 
 
 omission to enter trials by party after giving notice 45^ 
 
 result of 452 
 
 other party may enter 452 
 
 withdrawal of trial, after 452 
 
 entry of trial by both parties 452 
 
896 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Notice — Continued. 
 
 entry by plaintiff to have precedence *452 
 
 copy to be delivered to clerk with record 453 
 
 proof of service to accomjjany 453 
 
 to be certified 453 
 
 Oath, includes affirmation , . . 413 
 
 Oflttcial guardian. See Public Administrator. 
 
 Order of Court, not invahd as against purchaser, etc 416 
 
 Orders amendment of errors in 455 
 
 clerk to enter and record 417, 478 
 
 date of 509 
 
 drawing up, not required, when 509 
 
 notice of 509 
 
 enforceable like judgments 482 
 
 entry of 478 
 
 errors in 455 
 
 iucludes rule 413 
 
 indorsement, copy of, for service 478 
 
 mandatory, carried out at expense of disobedient party 483 
 
 notice of, where not drawn up 509 
 
 service of 424 
 
 substitutional 424 
 
 setting aside or varying, by consent 514 
 
 Ordinances validity questioned in action, notice to be given legal adviser 431 
 
 Origina,ting summons administration of estate of deceased and of trust, for 511 
 
 accounts concerning 512 
 
 appearance to 509 
 
 judgment upon 511 
 
 dehvery of possession for 507 
 
 determination of matters relating to express trusts and administration.. 511 
 
 evidence on 512 
 
 executors, applications by 511 
 
 foreclosure for 507 
 
 form 509 
 
 hearing of may be advertised 512 
 
 issue of 509 
 
 judgment upon 510-512 
 
 special directions regarding 511-512 
 
 landlord, proceedings by 509 
 
 meaning of 412 
 
 mortgages respecting 507 
 
 possession, recovery of, by landlord for 509 
 
 mortgagor or mortgagee for 507 
 
 proceedings which may be commenced by 509 
 
 public administrator, by 530 
 
 reconveyance, for 507 
 
 redemption for 507 
 
 return of, time for 509 
 
 sale under mortgage, for 507 
 
 sealed, to be 509 
 
 service of, manner 510 
 
Index. 897 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Originating Summons — Continued. 
 
 .stay of proceedings, for 511-512 
 
 time for return of 5O9 
 
 trusts, in matters, affecting 5II 
 
 Particulars ordering 44X 
 
 order not to operate as stay or extend time 441 
 
 Parties absent, representation of 428 
 
 action not defeated for want of 426 
 
 adding 426 
 
 application for 427 
 
 by judge at any time 427 
 
 change of interest, on 433-434 
 
 defendant 426-427 
 
 adding, plaintiff 426-427 
 
 service on parties added 426 
 
 administration actions 428 
 
 service of notice of judgment 429 
 
 administrators may represent estate or beneficiaries 426 
 
 amendment as to 426 
 
 appearance by persons not 436 
 
 bills of exchange, to actions on 425 
 
 cestuis que trust, one of, may have decree for execution of trusts 429 
 
 represented by trustees 426 
 
 capacity of, change of 433-434 
 
 change of 433 
 
 See Change of Parties. 
 
 class represented by some members 426 
 
 trustees 426 
 
 costs, by reason ot misjoined plaintiff 425 
 
 counterclaim not affected by misjoinder of plaintiff 425 
 
 death of 433 
 
 deceased, representation of 430 
 
 defendant 
 
 adding 426-427 
 
 alternative claims against 425 
 
 claiming contribution against third party 431 
 
 jointly and severally liable 425 
 
 need not be interested in all relief claimed 425-426 
 
 representative capacity of, statement of claim to show 426 
 
 who may be joined as 425 
 
 doubt as to 425 
 
 executors and administrators representing estate or beneficiaries 426 
 
 heir at law not necessary party to action to execute trusts of will 428 
 
 infants See Infants. 
 
 joinder of, as plaintiffs 425 
 
 severally or jointly and severally Uable on same contract 425 
 
 two or more defendants when plaintiff in doubt 426 
 
 joint claims by 435 
 
 judge may add 2 -427 
 
 legal personal representative, where no 430 
 
 70263—57 
 
898 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Parties — Continued. 
 
 legatees, to administration actions by 428 
 
 limatics, as See Lunatics. 
 
 marriage of 433 
 
 meaning of 412 
 
 misjoinder 425-426 
 
 effect of, on counterclaim 425 
 
 not to defeat cause 426 
 
 motion to add, strike out or substitute 426 
 
 next of kin as, may have judgment for administration 428 
 
 non-rejoinder, effect of 426 
 
 numerous, having same interest 426 
 
 partners 427-428 
 
 See Partners. 
 
 persons liable on thfe same contract 425 
 
 not parties, how far bound. 429 
 
 served with notice of judgment, to be 429 
 
 plaintiff, adding and substituting 426-427 
 
 death, marriage or insolvency of 433 
 
 doubt of, as to parties 426 
 
 joint claims by several 426 
 
 mistake as to 426 
 
 who may be joined as 426 
 
 protection of property, actions for 429 
 
 representative, legal, where no 430 
 
 of heir, next of kin or class 428-429 
 
 plaintiff in actions to prevent waste, etc 429 
 
 residuary legatee may have judgment for administration 428 
 
 service on added 426 
 
 striking out and adding 426-427 
 
 application for 426-427 
 
 by court or judge 427 
 
 substitution of 426 
 
 suits by some on behalf of others 426 
 
 to prevent waste 429 
 
 third parties, rules as to 431 
 
 See Third Party. 
 
 trustees as 426 
 
 trusts, to actions for execution of 428 
 
 unascertained, representation of 428 
 
 want of, cause not defeated for 426 
 
 waste, in action for 429 
 
 wrong plaintiff 425 
 
 Partition, action for, default of appearance 438 
 
 proceedings where ordered 506 
 
 Partners, appearance by individually where sued as firm 428 
 
 person having control of business but not a 428 
 
 disclosure of names of 427 
 
 appUcation for 427 
 
 demand for 427 
 
 stay in default of 427 
 
Index. 899 
 
 The figures refer to the top paging. 
 
 •Page. 
 Judicature — Continued. 
 Partners — Continued . 
 
 execution against , 480-481 
 
 leave for when required 481 
 
 firm, person trading as 428 
 
 firm name, may sue or be sued in ■. 427 
 
 judgment against firm, effect of : . . 480-481 
 
 as against partner out of jurisdiction 481 
 
 names of, to be given, when 427 
 
 service of writ on 421-427 
 
 mode of 421 
 
 nptice of, in what capacity 428 
 
 where partnership dissolved 427 
 
 Part performance of obligations, when satisfaction 416 
 
 Pajrment into court, acceptance of sums paid in before defence 444 
 
 admission by 444 
 
 amount in dispute, of 444^445 
 
 appropriation, on 444, 447 
 
 consohdated actions in 445-446 
 
 conversion of securities, notice of application for 447 
 
 costs after 445 
 
 counterclaim, in answer to 446 
 
 debt or damages, in actions for 444 
 
 defence, to be signified in 444 
 
 defendant may make, before defence 444 
 
 notice of 444 
 
 after defence 444 
 
 with defence 444 
 
 denial of liabihty with 444 
 
 deposit in bank ." 447 
 
 dispute, of amount in 444 
 
 infant, money awarded to 446 
 
 investment of moneys imder control of court 446 
 
 jury not to be informed of 446 
 
 hbel action, none if liability denied 444 
 
 notice of before defence 445 
 
 originating summons for payment by trustee, etc 511 
 
 persons under disabiUty, moneys recovered by 446 
 
 plaintiff may make, as answer to counterclaim 446 
 
 pleading 444 
 
 refusal of amoimt paid in 444-445 
 
 satisfaction of claim, in 444 
 
 counterclaim 446 
 
 acceptance of, in action 444-445 
 
 form of 445 
 
 slander, in actions for 444 
 
 tender, with defence of 444 
 
 time for • • • 444 
 
 out of court, acceptance by plaintiff of sum paid in, on 444 
 
 cheques to be initialled by judge 447 
 
 defendant's Uability not denied, where 444 
 
 70263—571 
 
900 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Payment — Continued . 
 
 denial of liability, where 444^445 
 
 money recovered by infant, etc., disposition of 446 
 
 order for, when required 446 
 
 payment into court before defence, of 444 
 
 plaintiff's request in certain cases, on 444 
 
 tender set up, where 444 
 
 Performance of obligations, part, when satisfaction 416 
 
 Perpetuating testimony , 473 
 
 Person, meaning of 412 
 
 of unsound mind See Lunatic. 
 
 Petitioner, defined 412 
 
 Plaintiff. See Parties. ' 
 
 adding 426-427 
 
 address to be given on writ 420 
 
 death, marriage or insolvency 433 
 
 equitable claims by 414 
 
 may not serve writ 421 
 
 meaning of 412 
 
 not to be delayed by questions between defendants 433 
 
 representative capacity of, statement of claim to show 426 
 
 striking out or substituting 426-427 
 
 who may be joined as 425 
 
 Pleading. 
 
 admission in 462-463 
 
 See Admissions. 
 
 all grounds of defence to be raised 442 
 
 allegations of fact in, each party to deal specifically with 443 
 
 alternatives 443 
 
 amend, applications for leave to 454 
 
 amended, delivery of 455 
 
 amendment of 454 
 
 See Amendment. 
 
 . close of 449 
 
 condition precedent to be pleaded 442 
 
 constitutional questions, raising 431 
 
 contents of 441,443 
 
 contract, alternative 443 
 
 implied from letters 443 
 
 bare denial of how construed 442 
 
 conversations 443 
 
 counterclaim 441 
 
 See Counterclaim. 
 
 reply to 441 
 
 damages, allegation affecting 442 
 
 dates, etc., in 441 
 
 default of 449-451 
 
 See Default of Pleading. 
 
 delivery of, amended 455 
 
 at address for service 420, 435 
 
 enlargement of time for '. 519 
 
Index. 901 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Pleading — Continued. 
 
 delivery of, vacation in 519 
 
 where no address fov service 420, 435 
 
 denial of allegations of fact to be specific 442 
 
 contract, of ; 442 
 
 evasive, must not be 442 
 
 general, not sufficient 442 
 
 point of substance 442 
 
 departure 442 
 
 documents, effect only of, to be stated in 442 
 
 embarrassing matter in 443 
 
 See Striking out. 
 
 enlargement of time for ^ 519 
 
 evasive, not to be 442 
 
 evidence, not to be stated -. 442 
 
 facts relied on must be set out in 441 
 
 not denied, when taken to be admitted 441 
 
 figures to be used in i 441 
 
 filing, vacation excluded from time for 619 
 
 form, no technical objection for want of 443 
 
 fraudulent intention 443 
 
 groimds of defence or reply to be in , . 442 
 
 implied contract or relation 443 
 
 improper, costs of may be disallowed 443 
 
 inconsistent, not to be 442 
 
 knowledge 443 
 
 law, presumption of ' 443 
 
 raising points of 448 
 
 letters, contract or relation implied from 443 
 
 malice, fraud, knowledge, etc 445 
 
 material facts, to state 441 
 
 matters arising pending the action 447 
 
 meaning of term 412 
 
 mind, condition of 443 
 
 negative pregnant 442 
 
 new ground of claim 442 
 
 matter arising after action brought 447 
 
 not guilty by statute, plea of 441 
 
 notice as a fact 443 
 
 numbers in 441 
 
 ordinances, questioning validity of, to be served on legal adviser 431 
 
 paragraphs to be divided into 441 
 
 particulars may be ordered 441 
 
 payment into court with defence 444 
 
 point of law, raising 448 
 
 substance in 442 
 
 posting when no address for service 420, 435 
 
 prejudice, matters of, in 443 
 
 presumptions of law 443 
 
 printed or written, may be 443 
 
 raising points of law 448 
 
902 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued. 
 Pleading — Continued . 
 
 relation, implied 443 
 
 reply 448-449 
 
 See Reply. 
 
 by leave, subsequent to 449 
 
 to counterclaim, in 441-442 
 
 scandal in 443 
 
 See Striking out. 
 
 set off 441 
 
 See Set oft. 
 
 specific denial in, when required 442 
 
 striking out 443 
 
 See Striking out. 
 
 when no ground of action 448 
 
 subsequent to reply 448 
 
 technical objection to 443 
 
 tender 444 
 
 time, applications for. . . 519 
 
 computation of 518 
 
 in vacation 519 
 
 subsequent to reply 448 
 
 unnecessary matter in 443 
 
 costs of 443 
 
 vacation, not necessary in 519 
 
 written or printed, may be 443 
 
 Pluries writs , 518 
 
 Possession 
 
 mortgagor may sue for, in ovm name 415 
 
 originating summons for, under mortgage 507 
 
 Practice and procedure of England when applicable 418 
 
 Preservation of property, interim 495 
 
 Probate and administration. See Administration. 527 
 
 accounts of administrators to be filed 530 
 
 administrator ad litem 528 
 
 ancillary, grant of 527 
 
 security on apphcation for 528 
 
 appUcation to pass accounts 511, 530 
 
 citations, summons and notices 528 
 
 publication of 528 
 
 creditors and others, order to send in claims 528-529 
 
 publication of 529 
 
 verification of claims 529 
 
 securities to be valued 529 
 
 negotiable instruments 529 
 
 omission to value 529 
 
 executors and administrators, remuneration 
 
 of 514,531 
 
 Sefe Public Administrator. 
 
 proceedings by 530 
 
 representation of estate pending grant 528 
 
 security by administrators 527 
 
Index. 903 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Probate — Continued. 
 
 security proceedings on 527 
 
 waste, proceedings to restrain pending grant 528 
 
 process issuer when included in "clerk" 412 
 
 Production of documents. See Documents, production of.. 
 
 Promissory note 526 
 
 joinder of parties to, as defendants ! 626 
 
 loss of, no defence where indemnity offered 443 
 
 Property, preservation, interim 495 
 
 protection of, representative action for 429 
 
 Public administrator and official guardian . See Administration. 
 
 administrator, ad litem 528 
 
 costs and compensation to 531 
 
 guardian, ad litem 530 
 
 infants, actions against, service on 530 
 
 originating summons by, as creditor 530 
 
 remuneration of 531 
 
 Public officers, actions against, limitation 517 
 
 notice of 517 
 
 Purchaser, orders of court not invalid against for want of notice, etc 416 
 
 Receiver, accounts of, books to be deposited 497 
 
 passing 498 
 
 time for 497 
 
 allowance to 497 
 
 balances, pa3Tnent of 497 
 
 neglect of 497 
 
 default by, in accounting, etc 498 
 
 filing and passing accounts 498 
 
 interlocutory application for 416 
 
 Rec?iver, meaning of 412 
 
 salary of 497 
 
 security by 497 
 
 Record. See Notice of Trial. 453 
 
 Redemption, action for, default of appearance in 438 
 
 originating summons for 507 
 
 Reference. See Inquiries, Accounts. 465 
 
 as to damages 465 
 
 Renewal, writ of execution of 481 
 
 summons, of 419 
 
 Replevin, affidavit for, contents of 600, 502 
 
 bond to be taken 501 
 
 assignment of 501 
 
 form of. 501, 540 
 
 defendant's rights, on 501 
 
 breaking open premises 501 
 
 concealment of property 501, 502 
 
 demand and recovery of 600-501 
 
 issue of writ, when authorized 500 
 
 return of property, on security being furnished 501 
 
 assignment of security in such case 501 
 
 by sheriff, to writ 502 
 
 service of writ 501 
 
904 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Representative. 
 
 capacity of plaintiff or defendant, statement of claim to show 426 
 
 heir at law, of 428 
 
 next of kin, of 428 
 
 numerous persons or class, of 426 
 
 unascertained class, of 428 
 
 Residuary devisee or heir, administration at suit of 428 
 
 originating summons by 511 
 
 legatee or next of kin, administration at suit of 428 
 
 originating summons by 511 
 
 Rules of court 418 
 
 pubUcation in Gazette. 418 
 
 existing, continued 418 
 
 judges may prescribe 417 
 
 to be posted 418 
 
 meaning of 413 
 
 to be laid before Yukon Council 418 
 
 Rules of law 414 
 
 Sales of land by order of court 606 
 
 approval of judge to be had 506 
 
 conveyance, parties to 506 
 
 mortgage, proceedings for sale under 506 
 
 order for 506 
 
 parties bound by 506 
 
 modes of carrying out when ordered by court 506 
 
 originating summons for approval 507 
 
 Scientific persons 507 
 
 judge may obtain assistance of 513 
 
 Service. 
 
 admission and acceptance by solicitors 424 
 
 address for, plaintiff to give 420 
 
 service if omitted 420 
 
 defendant to give 435 
 
 service if omitted 435 
 
 defendant not appearing, ,on 435-436 
 
 pleadings, proceedings, etc 424 
 
 substitutionaUy 424 
 
 posting in clerk's office, by 421, 435 
 
 of writ of summons, affidavit of, writ and claim to be marked as exhibits to. 422 
 
 agent, on, of defendant out of Territory 421 
 
 corporations, on 421 
 
 defendant's whereabouts unknown 424 
 
 added on 426 
 
 fees for, to whom allowed 421 
 
 firm, defendant carrying on business as 421 
 
 indorsement of service unnecessary 422 
 
 infant defendant 422 
 
 husband and wife defendants 422 
 
 land, in action to recover, where vacant possession 422 
 
 lunatic or person of unsoxmd mind 422 
 
Index. 905 
 The figures refer to the top paging. 
 
 Judicature — Continued. 
 Service — Continued . 
 
 of writ of summons, original served in mistake 422 
 
 partners, on 427 
 
 notice of capacity in which served 427 
 
 dissolution, after 428 
 
 personal 42i 
 
 plaintiff may not effect 421 
 
 several defendants, some not served, procedure 439 
 
 who may effect 42i 
 
 time for gj^o 
 
 out of the jurisdiction 422 
 
 application for leave for 423 
 
 British subject on 423 
 
 cases in which allowed , 422-423 
 
 concurrent wiit 419 
 
 defendant's whereabouts unknown, order for, may be dispensed with 424 
 
 notice in lieu of 423 
 
 order for, to limit time for appearance 423 
 
 partner not necessary on, where firm served within jurisdiction 427 
 
 substitutional service may be allowed 424 
 
 Set off. See Counterclaim. 
 
 Setting aside. 
 
 judgment by default 439, 467 
 
 service of writ 436 
 
 order for 436 
 
 writ of summons for irregularity 436 
 
 Setting down for trial 451 
 
 See Trial. 
 
 Sheriff, enforcing return by 508 
 
 meaning of 412 
 
 Short title of Ordinance 412 
 
 Sittings of court. 
 
 adjournment of 519 
 
 single judge, of 414, 519 
 
 Small debt procedure 531, 535 
 
 action, entry of 532 
 
 cause of cannot be divided 532 
 
 address of parties 532 
 
 claims for debt, amount of , 531 
 
 not exceeding 1100 531 
 
 particulars of 532 
 
 liquidated debt not exceeding $200 531 
 
 clerks fees 435, 545, 546 
 
 dispute, plaintiff to be notified of 533 
 
 notice of 534 
 
 striking out 533-534 
 
 execution, issue of 533 
 
 general procedure, application of 535 
 
 indorsement of process imnecessary 535 
 
 interpreter's fees 535, 546 
 
 informalities not to avoid 535 
 
906 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 Small debt — Continued. 
 
 issue of summons 531-532 
 
 judgment by default 533 
 
 setting aside 533 
 
 judgment summons fixing time for hearing 534 
 
 jurisdiction of court 532 
 
 notice to plaintiff of dispute 533 
 
 particulars of claim 532 
 
 service of notices, etc 533 
 
 out of jurisdiction, order for, when not necessary 533 
 
 sei off or counterclaim 534 
 
 sheriff's fees 535, 546 
 
 solicitor's fees 535 
 
 summons, issue of 531-532 
 
 return to clerk after service 533 
 
 suit erroneously brought in general procedure, costs 534 
 
 time for dispute 534 
 
 trial, fixing date of 534 
 
 when dispute note filed 534 
 
 representation of parties at 534 
 
 wages, minor may sue for 531 
 
 witness fees 535, 546 
 
 Solicitor, abatement of action to give notice of 435 
 
 acceptance and admission of service by, evidence of 424 
 
 address to be indorsed on writ 420 
 
 for service when required 420 
 
 omitted, service in case 420 
 
 change of, how effected 420 
 
 Solicitor, disclosure as to whether writ issued with his authority 420 
 
 employment of, after party acting in person 421 
 
 Special case, agreement to pay money according to judgment on 467 
 
 cause or matter, in any 466 
 
 consent by 466 
 
 contents of 466 
 
 costs of 467' 
 
 court may draw inferences on 466 
 
 documents referred to in 466 
 
 entry of judgment on, for agreed sum 467 
 
 evidence on, where parties under disability 466-467 
 
 inferences of fact or law may be drawn on 466 
 
 in interpleader 504 
 
 judgment on, agreement for 467 
 
 execution on 467 
 
 order of court by 467 
 
 paragraphs, division into 466 
 
 parties to 466 
 
 setting down of, where parties under disability 466-467 
 
 tiial of preliminary question of law by 466 
 
 Specific performance, damages or other relief may be given in lieu of or in addition to . 416 
 Statement of claim . gee Pleading. 
 
 amendment of 454r-455 
 
Index. 907 
 
 The figiires refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Statement of claim — Continued. 
 
 causes of action, joinder 435 
 
 copy to be attached to writ 418 
 
 filing on issue of writ 418 
 
 further and better 441 
 
 pleading, rules of 441 ,442 
 
 representative capacity of parties to be shown 426 
 
 striking out 443-448 
 
 Stay of action or proceedings, solicitor repudiating issue of writ 420 
 
 partenrs, non-disclosure of names, on '427 
 
 trustees, executors, etc., appUcations by 511-512 
 
 Striking off roU, motion for, requirements 508 
 
 Striking out appearance : 439-440 
 
 See Summary Judgment. 439-440 
 
 pleading, disclosing no cause of action or answer 448 
 
 ' embarrassing, prejudicing, scandalous or vmnecessary 443 
 
 Subpoena, for examination in cause 472 
 
 for cross-examination on affidavit 472 
 
 for proceedings in chambers 472 
 
 service of 472 
 
 Substitutional service, pleadings and suit proceedings, of 424 
 
 writ of summons 421-422 
 
 defendant's whereabouts unknown 424 
 
 entry of judgment, where served substitutionally, 
 
 proof of claim 424 
 
 jurisdiction, out of - 424 
 
 land, action for recovery, vacant possession 422 
 
 personal service impossible 424 
 
 Suits, where entered *^° 
 
 Summary inquiries into fraudmlent transfers' 465-466 
 
 See Fraudulent transfers. 
 
 Summary judgment, appUcation for, where liquidated demand 439-440 
 
 affidavit in support of 440 
 
 to be served 440 
 
 cause, showing, by affidavit 440 
 
 bringing in amount claimed. . . . 440 
 
 cross-examination on affidavit 440 
 
 subpoena for 440 
 
 documents, production on 440 
 
 notice, by '^^ 
 
 service of 440 
 
 unUquidated demand included 439 
 
 leave to defend may be given 440 
 
 conditional 440 
 
 order for, where no cause shown 439 
 
 part claim, for 440 
 
 Supreme Court of Judicature in England, practice in, when to be followed 417 
 
 Taxation of costs W "^ " " ^^^ 
 
 See Costs. 
 
 Tenant for hfe, equitable waste, not to commit 415 
 
 Third party, adding *^^ 
 
908 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Third party— Continued. 
 
 admission by non-appearance 431 
 
 appearance by 431 
 
 time for 431 
 
 default of 432 
 
 leave for, after default 431 
 
 costs, generally 433 
 
 defendant claiming against co-defendants may adopt proced\u-e 433 
 
 directions as to trial 432 
 
 application for 432 
 
 general may be given 432 
 
 prevention of delay to plaintiff 432 
 
 execution against, where judgment by default of appearance 432 
 
 judgment against 432 
 
 judgment, default of appearance, on 432 
 
 setting aside 432 
 
 between defendant and 431—432 
 
 liberty to, to defend action or appear at trial 432 
 
 notice to, application for 431 
 
 time for 431 
 
 filing of 431 
 
 service of v, 431 
 
 time for 431 
 
 contents of 431 
 
 writ and statement of claim to be served with 431 
 
 plaintiff not to be preiudjced or delayed by 433 
 
 trial of liability, directions as to 432 
 
 Time, abridgment of 519 
 
 appearance to writ of summons, for 419 
 
 may be shortened 419 
 
 for service ex juris 423-424 
 
 clear days, how reckoned 518 
 
 contracts, in 416 
 
 enlargement of . . ., 519 
 
 expiring on hoUday 518 
 
 service of papers, for 518 
 
 six days, where less than 518 
 
 Trespass, injunction to prevent 415 
 
 mortgagor inay sue for in his own name 415 
 
 Trial See Evidence. 
 
 adjournment of, terms 467 
 
 cross-examination, disallowing questions in 468 
 
 counterclaim, defendant appearing, plaintiff not 467 
 
 defendant appearing, plaintiff not 467 
 
 defendant not appearing 467 
 
 default, judgment by, setting aside 467 
 
 inspection during 495 
 
 judgment by default at, setting aside 467 
 
 delivery of, at or after trial 468 
 
 motion for, not necessary 468 
 
 entry 452 
 
Index. 909 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Continued . 
 
 Trial- — Continued. 
 
 jury in eertain cases 45]^ 
 
 verdict to be unanimous 451 
 
 neglect to set down pursuant to order 451-452 
 
 notice of 451-453 
 
 See Notice of Trial. 
 
 length of 452 
 
 omission to prove material fact at 468 
 
 may be allowed after 46g 
 
 plaintiff appearing, defendant not 467 
 
 postponement of trial terms 467 
 
 record, filing of 453 
 
 separate, of different causes of action 435 
 
 setting cause down for 451 
 
 See Setting down for trial. 
 
 in vacation 519 
 
 speeches to jury, regulated 468 
 
 third party, hability of 432 
 
 vexatious, questions disallowance of 468 
 
 withdrawal of cause 453 
 
 Trustees See Parties. 
 
 actions by or against as representing estate, etc 426 
 
 application by, for opinion and direction of court 513 
 
 claim against on express trust not barred by statute 415 
 
 judgment for execution of trusts at suit of 429 
 
 originating summons by, for determination of questions 511-512 
 
 stay of actions on application'of 511-512 
 
 discretion of, not interfered with 512 
 
 exoneration of 514 
 
 fraud or concealment by 514 
 
 Trust. 
 
 express, action by c. q. t. not barred by statute of limitations 415 
 
 heir not necessary party to action for execution of 430 
 
 judgment for execution of 429 
 
 originating simimons in matters relating to 511 
 
 representation of parties in actions for execution of 428 
 
 Vacant possession, service where, in action to recover land 422 
 
 Vacation. 
 
 contested business excluded in 519 
 
 default judgment, 519-520 
 
 ex parte proceedings 519 
 
 office ho\u:s of clerk in 417 
 
 motions to set down may be heard in 519 
 
 period of 519 
 
 pleading in, extension of time 519 
 
 proceedings during, judge may authorize 520 
 
 rules as to 519 
 
 summary judgment in, application for 519-520 
 
 taxation of costs in 520 
 
 Vesting orders. 
 
 jurisdiction of court to make 413-414 
 
 mortgage proceedings, in 507 
 
910 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Judicature — Concluded . 
 Wages. 
 
 minors may sue for 417, 531 
 
 Waste. 
 
 actions, to prevent 415 
 
 equitable, tenant for life not to commit 415 
 
 injunction to prevent 416 
 
 Witnesses, examination of 469, 472 
 
 See Evidence. 
 Writs. 
 
 alias or pluries 518 
 
 attachment of goods 498 
 
 See Attachment of goods. 
 
 execution 480 
 
 See Execution. 
 
 - garnishee ". 489 
 
 See Attachment of debts. 
 
 replevin 500 
 
 See Replevin. 
 
 Writ of summons 418 
 
 action to commence by 418 
 
 alias or pluries 518 
 
 appearance to, time for 419 
 
 may be shortened 419 
 
 where service ex juris 419 
 
 clerk to issue on personal application 417 
 
 Writ of concurrent 419 
 
 form and issue • 419 
 
 marked "concurrent" 419 
 
 renewal of 419 
 
 service out of jiu-isdiction, for 419 
 
 return of, time for 419 
 
 may be shortened 419 
 
 copy for service, claim to be attached to 418 ' 
 
 date of issue to appear on writ 419 
 
 duration of 419 
 
 filing before judgment by default of appearance 437 
 
 indorsement, address of plaintiff and solicitor 420 
 
 for service of plaintiff 420 
 
 occupation of plaintiff suing in person 420 
 
 residence of plantiff suing in person 420 
 
 service, date of, unnecessary 422 
 
 lost, where, copy may be sealed in Ueu of 420 
 
 original served in mistake, dispensing with production 422 
 
 renewal of, apphcation for 419 
 
 duration and effect of renewed writ 419-420 
 
 evidence of 420 
 
 return of, time for 419 
 
 may be shortened 419 
 
 where for service ex juris 423 
 
 service out of jurisdiction, for 422, 424 
 
Index. 911 
 
 The figures refer to the top paging. 
 
 Page. 
 Juries. 
 
 British subject g^.T 
 
 Challenges ^ ggQ 
 
 Civil cases, trial of 552 
 
 Clerk, duties of g5Q 
 
 Convicted person disqualified 54g 
 
 Criminal sittings ; 552 
 
 Crown prosecutor, notice by 552 
 
 Date of drawing 550 
 
 Drawing of panel 54g 
 
 Drawing at trial 550 
 
 Exemptions 547 
 
 Fees, amount of 651 
 
 application of moneys 552 
 
 apportionment of 552 
 
 deposit by party 552 
 
 Fines 553 
 
 application of 553 
 
 jurors liable to 553 
 
 recovery of 553 
 
 statement to judge 553 
 
 Forms (schedule) 534-556 
 
 Jury list 548 
 
 clerk to prepare 549 
 
 form of 554 
 
 Jury list, inspection of 548 
 
 judge to direct preparation of 548 
 
 order to add to 548 
 
 order to strike off 548 
 
 payment for 552 
 
 preparation of 548 
 
 Whitehorse, for 548 
 
 Jurors. 
 
 discharge of at trial 551 
 
 drawing of 548-549 
 
 at trial 550 
 
 entry of drawing cancelled 549 
 
 excused 
 
 fees to 551 
 
 liable to serve twice only in 1 year 547 
 
 method of drawing panel 548-549 
 
 at trial • 550 
 
 notice to ^ 
 
 number on panel 
 
 for trial 550 
 
 not summoned _ 
 
 panel, drawing of JZ 
 
 c 550 
 
 swearmg of 
 
 clerk of criminal trial 
 
912 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Juries — Continued . 
 
 Number in civil cases 550 
 
 criminal cases 550 
 
 Omissions not to be ground of impeachment of verdict 553 
 
 Panel 549 
 
 number of 549 
 
 for trial 550 
 
 Penalties 553 
 
 Qualification 547 
 
 Refreshments 553 
 
 Sheriff 550 
 
 affidavit of persons exempt 550 
 
 Return of venire 550 
 
 Short title .- .- 547 
 
 Sittings of court '. 552 
 
 criminal trials 552 
 
 notice by Crown prosecutor 552 
 
 Special juries 551 
 
 fees 552 
 
 list, delivery of 551 
 
 mode of drawing 551 
 
 number of 551 
 
 objections 551 
 
 order for 551 
 
 proceedings at trial 551 
 
 Summons, form of 549 
 
 Summons, return by sheriff 550 
 
 service of 549 
 
 when to be made 549 
 
 Swearing juror 550 
 
 Talesmen 550-551 
 
 Venire facias 549 
 
 form of 549 
 
 issue of 549 
 
 without fiat 549 
 
 return by sheriff 550 
 
 Whitehorse, list for 548 
 
 Justices of tlie Peace. 
 
 Interpretation of term 7 
 
 Jurisdiction, local 7 
 
 Land lield by two or more persons. 
 
 See Tenancy in common. "288 
 Landlord and Tenant 
 
 See Distress for Rent. 289 
 
 Legal Profession 557 
 
 Barristers, roll of 657 
 
 custody of 557 
 
 admission and enrolment of 558 
 
 persons entitled to practice and be enrolled as 558 
 
Index. 913 
 
 The figures refer to the top paging. 
 
 Page. 
 Legal Profession — Continued . 
 
 Barristers, oath of 5gg 
 
 to be officers of court 553 
 
 assisting unauthorized persons to practice 563 
 
 suspension and disqualification of, proceedings for 663-664 
 
 notice to legal adviser of proceedings for 664 
 
 striking off roll or suspension 664 
 
 effect of 564 
 
 -notice by Territorial Secretary to judges, of 664 
 
 re-instatement of by court 564 
 
 notice to Territorial Secretary of apphcation for 664 
 
 unauthorized person practising as, proceedings against and punishment of 565 
 
 Clerks, articled 669 ,662 
 
 Disciplinary powers of court 563 
 
 Style of proceedings 664 
 
 Examination of articled clerks 661 
 
 Fees for admission and enrollment, and annual fees, etc 669 
 
 Proceedings for breach of ordinance may be instituted by legal adviser 566 
 
 Roll of barristers and sohcitors 557 
 
 to be kept by Territorial Secretary 667 
 
 striking off for non-payment of fees, and re-instatement 560 
 
 • striking off for misconduct 663 
 
 Short title of ordinance 557 
 
 Student at law, examination, etc., of 559, 561 
 
 improper conduct of 665 
 
 Lien Notes. 
 
 See Hire receipts and Conditional Sales of Goods. 396 
 Liens of Meclianics and others. 
 
 See Mechanics Liens. 668 
 Liens of Miners 
 
 See Miners Liens. 578 
 
 Liens of Miners (by Order in Council) xxix-xliv. 
 
 Liens of Woodmen and others. 
 
 See Woodman's Lien. 684 
 
 Lien Actions, personal judgments in 693 
 
 Assignment to party interested 594 
 
 to contractor 594 
 
 to owner 594 
 
 Contractor, assignment to 594 
 
 Counterclaim 593 
 
 Defence 593 
 
 Deficiency, personal habihty for 593 
 
 Judgment, when lien not valid 593 
 
 payment of by interested party 693-694 
 
 Owner, assignment to 593 
 
 payment by party interested 593-594 
 
 personal judgment 593 
 
 Sale of chattels 594 
 
 of dump 594 
 
 70263—58 
 
914 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Lien- — Continued . 
 
 Sale, in case of deficiency 593 
 
 of machinery and wood 594 
 
 Set off 593 
 
 Rules of court 594 
 
 Limitation of Actions. 
 
 Absence of parties 595 
 
 Acknowledgment to be in writing 595 
 
 Actions for assault, battery, -etc., time for 595 
 
 on simple contract, time for 595 
 
 Counterclaim 595 
 
 Joint liability 595 
 
 recovery in case of 595 
 
 Minors, action by or against 595 
 
 Insane persons, action in case of 595 
 
 Non-suit, new action in case of . . . 595 
 
 Real property. Imperial Act applies 696 
 
 Set off 595 
 
 Liquor License. 
 
 Accommodation in hotels 602 
 
 licensee refusing, penalty 612 
 
 stabling 602 
 
 Action. See Suit. 624 
 
 Agent, principal liable for certain acts of 614 
 
 occupant liable for certain acts of 620 
 
 sales by 610-615 
 
 Appeal, no 605 
 
 no, except where provided 618 
 
 Application for license. 
 
 accommodation required in hotels 602 
 
 adjournment of hearing.- 605 
 
 apphcant to attend personally 604 
 
 certificate of result to be forwarded chief inspector 604 
 
 character of applicant, if objected to 605 
 
 notice to be given 605 
 
 chief inspector, to be sent to 603 
 
 company, by 601 
 
 decision of board final 605 
 
 evidence on, how taken 604 
 
 fees on 601-602 
 
 form of petition 625 
 
 hearing and determining 604r-605 
 
 adjournment of 605 
 
 license not to be granted disquaUfied person 614 
 
 issue of 604 
 
 manner and time of 604 
 
 married woman, by 606 
 
 objections and protests 605 
 
 by inspector 605 
 
Index. 915 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 AppKcation, objection by board itself 605 
 
 out of regular period 604 
 
 papers to be produced by chief inspector to board 603 
 
 open to public inspection 603 
 
 partnership Ucenses 601 
 
 permits for race meetings, etc 601 
 
 persons entitled to be heard on 604-605 
 
 refusal of, for unfitness of applicant 605 
 
 refused not to apply for one year 605 
 
 removal, applications for 607 
 
 report of inspector 603 
 
 use of 603 
 
 may be dispensed with, when 605 
 
 time of 604 
 
 application at other than regular period -. 604 
 
 transfer, applications for 607 
 
 Assisting person to escape 614 
 
 penalty 614 
 
 Auctioneer selling liquor, part insolvent's estate 598 
 
 Bar, elections, to be closed during 609 
 
 evidence of sale of liquor 620 
 
 hours during which may be open 609 
 
 one, only, to be kept 609 
 
 requirements not observed, license may be cancelled 611 
 
 sitting room to be distinct from 602 
 
 See Penalties. 
 
 Bills and notes, for quantities less than one gallon 624 
 
 Board of Ucense commissioners. 
 
 appointment of 698 
 
 causing hcense to issue illegally, penalty 613 
 
 chairman and secretary 598 
 
 expenses 598 
 
 meetings of 599 
 
 may be adjourned 599 
 
 for considering applications 599 
 
 chief inspector may call 599 
 
 not to accept bribe 613 
 
 oath of commissioners 598-599 
 
 powers of justices at hearings 605 
 
 quorum, in absence of, meeting to be adjourned 599 
 
 regulations by, proof of 620 
 
 remuneration 598 
 
 Secretary 598 
 
 term of office 598 
 
 to sit in June 599 
 
 Bribery of chief inspector or inspector 613 
 
 Cancellation of licenses by chief inspector 611 
 
 judge of court 608 
 
 70263—581 
 
916 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued . 
 Canteen, R.N.W.M.P. 
 
 Ordinance, appUcation to 598 
 
 Chemists and druggists, provisions affecting 609 
 
 Chief license inspector, appointment of 599 
 
 all applications to be made to 603 
 
 bribe, not to receive 613 
 
 certificate of, prima facie evidence 619 
 
 defined 597 
 
 duties of 599-600 
 
 to act until commissioners appointed 625 
 
 send inspector list of applications 604 
 
 notify successful applicants 604 
 
 issue licenses 601 
 
 regarding applications out of regular period 604 
 
 send Ust of convictions to inspectors 603 
 
 keep register of Ucenses 599 
 
 record of convictions 618 
 
 record of apphcations 599 
 
 furnish extracts, etc 600 
 
 report monthly to commissioner 600 
 
 licenses to be signed by 601 
 
 illegal issue of, by 613 
 
 may be cancelled by 610 
 
 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 601 
 
 Commissioner, may appoint chief inspector 599 
 
 inspectors 599 
 
 license commissioner 598 
 
 establish license districts 598 
 
 increase or reduce hcense fees 602 
 
 chief license inspector to report to monthly 600. 
 
 Commissioners. 
 
 See Board of License Commissioners. 598 
 
 use own discretion in granting licenses 603 
 
 chief inspector to act until appointment of 625 
 
 to send certificate to chief inspector 604 
 
 to have same powers as J. Ps 605 
 
 causing license to issue illegally 613 
 
 Company, incorporated, may become licensee 601 
 
 officer to act for 601 
 
 Complaint. 
 
 See Prosecutions. 617-619 
 
 against grant of hcense or transfer 605 
 
 Compounding offences, penalty for 614 
 
 Confiscation of liquor found on unlicensed premises 616 
 
 Constable, authority of 613, 615, 616 
 
 bribing or attempting to bribe 613 
 
Index. 917 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 Constable, duties, as to removal of disorderly persons 613 
 
 obstructing, penalty for 616 
 
 powers and duties in preventing or detecting violation of ordinance 615-616 
 
 Conviction. 
 
 See Penalties, Prosecutions, Forfeiture. 612,615 
 
 forms of 630,631 
 
 penalty where none fixed 614 
 
 procedure where previous conviction charged 619 
 
 record of to be indorsed on Hcense 619 
 
 report of to chief inspector 618 
 
 several on same day 619 
 
 statement of convictions to be sent inspector 618- 
 
 third, effect of 614 
 
 wholesale licensee, of, effect 601 
 
 Costs, no, against inspectors 618 
 
 See Penalties. 
 
 of prosecution in cetain cases 615 
 
 to magistrates 619 
 
 to inspectors on prosecutions 622 
 
 Dancing not allowed 611 
 
 Dance halls forbidden 610 
 
 Dawson, license fees in 602 
 
 no saloon, except in 601 
 
 Death, accidental, while intoxicated, liability of person furnishing liquor 624 
 
 of licensee 605 
 
 Disorderly conduct on licensed premises, penalty 612 
 
 Ucensee may expel disorderly person. ._. 612 
 
 Disqualified persons, applicant refused for unfitness barred for one year 605 
 
 person convicted for third offence 614 
 
 where tenant disqualified, board may authorise owner's agent 
 
 to continue business 606 
 
 wholesale licensee allowing consumption on premises 601 
 
 Druggists, provisions affecting 610 
 
 requisition for liquor during prohibited hours 610 
 
 Drunkenness, on Kcensed premises, allowing, penalty 612 
 
 Drunken person, interdiction 622 
 
 licensee may expel 612 
 
 sale to, penalty 624 
 
 Ejectment of licensee, Hcense to new tenant in case of 606 
 
 disorderly persons from licensed premises 612 
 
 Elections, sale or disposal of liquor during, prohibited 609 
 
 Employee, licensee Uable for certain acts of 609, 613, 614 
 
 occupant liable for certain acts of 620 
 
 males under 18 and females not to serve liquor in hotels 613 
 
 Escape, assisting person to 614 
 
 penalty 614 
 
 Evidence, act of servant that of licensee, when 614 
 
 certificate of chief inspector as to Hcense 619 
 
 consideration for sale or barter, of, unnecessary 621 
 
 interdicted person, of 623 
 
918 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 Evidence, precise description ol liquor, unnecessary 621 
 
 presence of liquor, utensils, etc 620 
 
 production of certificate of chief inspector, prima facie proof, etc 619 
 
 regulation of board, 620 
 
 witnesses, inagistrate may compel attendance of 621 
 
 to produce documents 621 
 
 compelled to answer all questions 621-622 
 
 sale, disposal or consumption of 620-621 
 
 signs or marks inducing belief that premises hcensed, etc 621 
 
 Exceptions in information need not be negatived 617 
 
 Execution, sale of liquor under 598 
 
 Fees 
 
 See License moneys and fees. 601-602 
 
 to magistrates 618 
 
 to inspectors on prosecutions 622 
 
 Females not to be permitted to serve hquor 613 
 
 no percentage allowed to 611 
 
 Female licensee, marriage of 606 
 
 Fines 615 
 
 See Penalties. 615 
 
 Forfeiture of license on conviction of wholesale licensee 600-601 
 
 by tenant, owner's lights 606 
 
 fraud in obtaining 608 
 
 gambling, for allowing 611 
 
 sale to minors, second offence 613 
 
 permitting males under 18 and females to serve liquor 613 
 
 selling to intoxicated person who suicides or meets accidental 
 
 death. . ". 624r-625 
 
 repeated offences operating as 615 
 
 third conviction causes 614 
 
 of liquor found on unUcensed premises 616 
 
 Forms prescribed 619 
 
 schedule of 625 
 
 A. — Petition for license 625 
 
 B. — Affidavit of applicant 625 
 
 C— License 626 
 
 D. — Order of interdiction 626 
 
 E. — Notice to Ucensee 626 
 
 F. — Notice of interdiction 627 
 
 G.— Forms for describing offences 627, 628, 629 
 
 H. ^Information 629 
 
 I. — Information for second or third offence 629-630 
 
 J. — Conviction first offence 630 
 
 K. — Conviction, third offence 631 
 
 L. — Warrant of commitment first offence 631, 632, 633 
 
 M. — Declaration of forfeiture 633 
 
 N. — Summons to witness 633 
 
 Fraud in obtaining license or transfer 608 
 
 Gambling on licensed premises, prohibited 611 
 
 Gaming, with betting, etc., on licensed premises 611 
 
Index. 919 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued . 
 
 Hotels, accommodation for guests 602 
 
 stabling 602 
 
 sitting room 602 
 
 meals 602, 612 
 
 hours for sale or consumption limited 609 
 
 defined 609 
 
 fee in Dawson 602 
 
 in Klondike City and Whitehorse 602 
 
 in any other point in the territory 602 
 
 Commissioner may increase or reduce 602 
 
 Kquor at meals on Sunday 609 
 
 penalties 612 
 
 See Penalties. 616 
 
 report of inspector upon premises 603 
 
 may be dispensed with , 605 
 
 Hours for sale or consumption of liquor limited 609 
 
 See Penalties. 615 
 
 Husband of female licensee, rights and liabilities of 606 
 
 Incorporated company 
 
 See Company. 601 
 
 Incorporated societies and clubs 601 
 
 applications by for short terms permits to licensees 601 
 
 Information and complaint. . 
 
 See Prosecutions. 617 
 
 Insolvent debtor's estate 698 
 
 sale of liquor belonging to 598 
 
 Inspection of quality of Uquors 612 
 
 Inspectors 
 
 appointment of 599 
 
 bribe, not to receive 613 
 
 causing Ucense to issue illegally, penalty 613 
 
 , costs to on prosecutions 622 
 
 none against 618 
 
 defined 597 
 
 duties prescribed by commissioner 699 
 
 information to be laid in own name 600 
 
 infractions of ordinance to be reported and prosecuted. .^ 600, 615, 616 
 
 inspection and report on proposed Ucensed premises 603-604 
 
 inspection at other times of licensed premises 604 
 
 interdiction by 623 
 
 objections by, to applications must be contained in report 605 
 
 obstructing in execution of duty, penalty 616 
 
 offences, powers and duties in preventing and detecting 616 
 
 papers on applications to be produced by, to commissioners 603 
 
 to be returned by, to chiet inspector 604 
 
 powers of 615 
 
 prosecution of offenders, duties as to 600 
 
 report of, on proposed licensed premises 603 
 
 does not exclude discretion of commissioners 603 
 
 must contain all objections of 606 
 
920 Index. 
 
 The figvires refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 Inspectors report may be dispensed with 605 
 
 salary, how fixed 599 
 
 synopsis of ordinance, duty to see posted 609 
 
 Interdiction, forms of charge, etc 622 
 
 inspector may be required to forbid sale to inebriates 623 
 
 interdicted person a competent witness 623 
 
 immunity of, from certain punishments, when 623-624 
 
 magistrate proceedings before 622-623 
 
 notice to be given to licensees 622-623 
 
 penalty against interdicted person for obtaining liquor 624 
 
 penalty for supplying liquor to interdicted person 624 
 
 who may apply for 623 
 
 Interpretation 597-598 
 
 "Chief inspector" ^ 597 
 
 "Commissioner" 597 
 
 "District" 597 
 
 "Hotel license" 597 
 
 "Inspector" 597 
 
 "Judge" 597 
 
 "License" 597 
 
 " Licensed premises" 597 
 
 "Liquor" .- 597 
 
 "Magistrate" 597 
 
 "Person" 597 
 
 "Public bar" 597 
 
 "Sale by retail" 598 
 
 "Saloon Uoense" 597 
 
 "Town" 597 
 
 Intoxication. See Drunkenness, Drunken Person, Interdiction. 
 
 . Judge, complaint to, against grants of license, transfer, etc 608 
 
 defined 597 
 
 Justice of the peace. See Prosecutions. 617 
 
 commissioners to have powers of, when 605 
 
 fees to, in certain cases 618 
 
 report to be made by, of convictions 618 
 
 forfeitures 618 
 
 Klondike City, license fee in 602 
 
 License commissioners. See Board of License Comniissioners. 598 
 
 License districts to be established 598 
 
 may be altered 598 
 
 Licensed premises . See Preinises.602-604 
 
 "Licensed to sell, etc.," to be printed over doorway 608 
 
 Licensee, agents or employees, liabihty for acts of 614 
 
 all except "wholesale" may seU retail. . . ., 601 
 
 death of 605 
 
 cancellation of hcense by 611 
 
 defined 597 
 
 desertion of premises by 606 
 
 marriage of female 606 
 
 removal by 607 
 
 to have sign over door 608 
 
Index. 921 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License— Continued. 
 
 Licensee, vacation of licensed premises 606 
 
 License inspector. gee Inspector 599 
 
 license moneys and fees 601-602 
 
 amount of license fee 602 
 
 application fee 602 
 
 receipt for, to be forwarded applicant 603 
 
 general revenue fund, to be paid to 604 
 
 part of year, for 604 
 
 payment of 602 
 
 to Territorial treasurer 604 
 
 refund of unused portion of expense deposit 604 
 
 removal or tiansfer, fee on 607 
 
 Licenses, application for 603 
 
 cancellation of 610-611 
 
 commissioners to use own discretion in granting 603 
 
 conviction, record of, to be endorsed on 618 
 
 death not void by 605 
 
 defendant to piove 618 
 
 ejectment of licensee, license to new tenant 606 
 
 expLe July 14 602 
 
 exposure of required \ 608 
 
 fees 602 
 
 forfeiture of 611 
 
 for allowing gambling 611 
 
 on conviction of wholesale licensee 601 
 
 by tenant, owner's rights 606 
 
 by fraud in obtaining 608 
 
 by conviction to be retained by magistrate 618 
 
 sale to minors, second offence 613 
 
 permitting males under 18 and females to serve liquor 613 
 
 selling to intoxicated person who suicides or meets acci- 
 dental death 624-625 
 
 repeated offences operating as 615 
 
 third conviction causes 614 
 
 if conditions not compUed with 611 
 
 form of 626 
 
 improperly granted, cancellation 608 
 
 penalty 613 
 
 hotel 600-602 
 
 issue of 601, 602, 605 
 
 kinds of 600 
 
 notice of on outside of premises 608 
 
 no saloon except in Dawson 601 
 
 no sale without 609 
 
 number of, limited 607-608 
 
 partnerships, licenses to 601 
 
 permission to move endorsed on 607 
 
 person named in, only extend to 611-612 
 
 premises named in, only extended to 612 
 
 production of 618 
 
922 Index. 
 
 The figurea refer to the top paging. 
 
 Liquor License — Continued. 
 
 Licenses, application for— Concluded. 
 
 race meetings, etc 601 
 
 record of conviction to be indorsed on 618 
 
 removal of license 607 
 
 transfer of See Transfer of Licenses. 606 
 
 report in case of 606 
 
 may be made if licensee ejected 606 
 
 convicted of offence 606 
 
 saloon 600 
 
 steamboat 600 
 
 wholesale 600 
 
 Limitation of time for prosecutions 617 
 
 " Liquor," " Liquors " defined 597 
 
 Liquors, inspection of 612 
 
 Lodging licensee refusing, penalty 612-613 
 
 Magistrate, not to remit penalty -. 615 
 
 to endorse conviction and penalty on license 618 
 
 to retain license when conviction forfeits 618 
 
 to send certificate of conviction to chief inspector 618 
 
 fees of 618 
 
 may compel attendance of witnesses 621 
 
 may interdict 622 
 
 Marriage of female licensee 606 
 
 Meals, hotel to be equipped for serving 602 
 
 Hcensee refusing, penalty 612 
 
 Uquor at on Sundays 609 
 
 Medicinal puiposes, sales for, permitted at any hour 609 
 
 by druggists regulated 609 
 
 certificate of medical practitioner, druggist, or J.P 609 
 
 Minors, supplying liquor to, prohibited -. 613 
 
 Music halls, forbidden 610 
 
 Native wine, license not necessary for certain sales of 598 
 
 Northwest Mounted Police, ordinance not to apply to canteens 598 
 
 Notes, promissory, void when for quantities less than one gallon 624 
 
 Notice, that premises Ucensed, to be exhibited 608 
 
 Number of saloon licenses limited 607-608 
 
 No saloon license to issue after 14th July, 1916 608 
 
 Oath of office of commissioners 598 
 
 Occupant, liability for acts of servants 620-621 
 
 Offences and penalties 610 
 
 not to compound 614 
 
 penalty 614 
 
 Offence, second 611 
 
 third 614, 615, 619 
 
 See Penalties. 
 
 Ordinance, synopiis to be posted 609 
 
 Partnerships may be licensed 601 
 
 separate license for each place of business 601 
 
 provision in case of dissolution 601 
 
 Penalties, fines to be paid to treasurer 615 
 
Index. 923 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 PenaltieB for neglect to expose license 608 
 
 refusing lodging, etc 612 
 
 second offence ." 611 
 
 permitting gambling and disorderly conduct 612 
 
 permitting assemblage of bad characters on hcensed premises 612 
 
 disorderly conduct not allowed 612 
 
 disorderly persons refusing to leave on request 612-613 
 
 supplying liquor to persons under 18 613 
 
 permitting male under 18 or female to serve liquor (exception) 613 
 
 giving liquor to person who during intoxication suicides or suffers accident 624 
 
 wholesaler allowing consumption on premises r 600 
 
 selling to illicit retailer 610 
 
 retaihng elsewhere 611 
 
 evidence under 610 
 
 obstructing inspector or constable in duty 616 
 
 having in possession Uquor found on search under warrant 616 
 
 without license 610 
 
 provisions regarding chemists and druggist 609 
 
 selling during prohibited hours 609 
 
 allowing consumption on premises not licensed therefor 610 
 
 purchaser drinking or allowing drinking in wholesale premises 600-601 
 
 selling or bartering without license 609 
 
 supplying liquor to interdicted person 624 
 
 interdicted person obtaining Uquor 624 
 
 bribing chief inspector or inspector 613 
 
 causing Ucense to issue illegally 613 
 
 compounding offences 614 
 
 preventing or assisting to avoid arrest 614 
 
 repeated offences, forfeiture 615 
 
 cases not proyided for : 615 
 
 contravention by servant contrary to instructions 614 
 
 liability of licensee or occupant for employee's acts. (See prosecutions) . 614 
 
 omitting sign over door.^ 608 
 
 omitting to post synopsis of penalties 609 
 
 repeated offence, must be for different day for 619 
 
 not to be remitted by magistrate 615 
 
 Permits for race meetings 601 
 
 " Person " defined 597 
 
 Petition for license See Application. 
 
 form of 625 
 
 PoUceman, powers and duties in preventing and detecting violations 615-616 
 
 obstructing, penalty for 616 
 
 ■ authority of .615-616 
 
 Percentage, none allowed to females 611 
 
 penalty 611 
 
 Premises, accommodation in hotels 602 
 
 disorderly conduct not allowed 612 
 
 expulsion of disorderly persons 612 
 
 hours and days on which musr be closed 609 
 
 inspection before license 603-604 
 
924 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 Premises, inspection at other times 604 
 
 license only valid for premises mentioned in it 611-612 
 
 " licensed premises " defined 597 
 
 licensed premises, no dancing allowed on 610 
 
 notice of license to be posted outside 608 
 
 presumption from presence of liquor utensils 620 
 
 prostitutes not allowed on 611 
 
 regulations as to, not observed, license to be refused 611 
 
 synopsis of ordinance to be posted 609 
 
 vacated by licensee 606 
 
 where license forfeited 606 
 
 Previous conviction, charge of 619 
 
 Prima facie evidence of illegal sale 612 
 
 Privy, hotels to be provided with 602 
 
 to be kept clean, etc 602 
 
 Prosecutions. See Evidence. 614 
 
 any person may prosecute 617 
 
 exceptions need not be negatived 617 
 
 fees for 618 
 
 forms prescribed 619 
 
 See Forms. 619 
 
 information what to contain 617 
 
 inspector required to institute 600 
 
 license defendant to prove 618 
 
 limitation of time for. 617 
 
 magistrate to report convictions and forfeitures 618 
 
 offences, describing 617 
 
 several in one complaint 617 
 
 conviction may be for several 619 
 
 repeated, conviction for must be for different day, etc 619 
 
 procedure where previous conviction charged 619 
 
 production of Ucense 618 
 
 Prostitutes not allowed on licensed premises 611 
 
 "Pubhc bar," defined. See Bar. 597 
 
 PubUc dancing prohibitd 610 
 
 Quantity, allegation of, where essential 617 
 
 price of less than one gallon not recoverable 624 
 
 Racing associations, special permits on application of 601 
 
 Refund of hcense fee on application for cancellation 611 
 
 Register of Ucenses, chief inspector to keep 599 
 
 convictions to be recorded in 599 
 
 Removal of licenses 607 
 
 application for permission 607 
 
 board may allow 607 
 
 chief inspector may permit if no protest 607 
 
 fees on application 607 
 
 permission to be indorsed on license 607 
 
 obtained improperly, cancellation 608 
 
 Report of chief inspector ; 600 
 
 to be monthly to commissioner 600 
 
Index. Qor 
 
 The figures refer to the top paging. 
 
 Liquor License— Continued. ^^Se. 
 Retail licenses. 
 
 Sale by retail defined See Licenses. 603 
 
 Sale of liquor, hjoure of, limited ^^^ 
 
 kind of Uquor need not be proven. ...... . . . .........'' g21 
 
 to drunken person, penalty. 
 
 612 
 
 to persons under 18 years of age gj^o 
 
 by males under 18 and females prohibited, 613 
 
 m quantity less than one gaUon, price not recoverable. ........ . ' .' .' .' ' 624 
 
 1 -i, , ,. See Penalties. 612 
 
 no sale without hcense 
 
 occupant hable for 620 
 
 to person selling without hcense \ 610 
 
 by agent outside hcensed premises 610 
 
 proof of sale, etc '.'.'.'.'.'.'.■. '.See 'Evidence!620-621 
 
 price, of not recoverable when 624 
 
 under execution cqa 
 
 Saloon accommodation cno 
 
 bOd 
 
 fee for hcense 602 
 
 number oi licenses Umited 607-608 
 
 Saloon hcense, none after 14th July, 1916 608 
 
 person holding may apply for hotel hcense 608 
 
 Search by officers 615-616 
 
 warrant to gig 
 
 hquor found on 616 
 
 forfeiture of 616-617 
 
 penalty on occupant of premises 616 
 
 Second and third offences 619 
 
 forfeiture in certain cases 614-615 
 
 procedure where previous conviction charged ^19 
 
 penalty increased when apphcable 619 
 
 third offence disquaUfie& 614^615 
 
 Servant. 
 
 hcensee hable for certain acts of 614 
 
 occupant hable for certain acts of 620 
 
 males under 18 and females not fro serve hquor, exception 613 
 
 Set off of price of less than one gallon of hquor not allowed, exception 624 
 
 Sheriff, sale of hquor by under execution 598 
 
 Short title of ordinance 597 
 
 Sign ov'er door 608 
 
 Sitting room to be distinct from bar 602 
 
 Societies, sporting, etc., appKcation by for permit 601 
 
 Stabling accommodation at hotels 602 
 
 Steamboat, fee for hcense 602 
 
 Suicide, while intoxicated, habihty of person by whom hquor given to deceased 624-625 
 
 Suit for price of less than one gaUon not allowed, exception 624 
 
 pleading general issue 624 
 
 Sunday, sale of hquor on prohibited, except at meals 609 
 
 Synopsis of ordinance and penalties to be posted 609 
 
 penalty for omitting to post 609 
 
926 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Liquor License — Continued. 
 
 Transfer of licenses, application for 607 
 
 fees on 607 
 
 chief inspector may permit if no protest 607 
 
 consent of chief inspector 607 
 
 death of licensee 605 
 
 ejectment of licensee, license to new tenant 606 
 
 improperly obtained, cancellation '. . 608 
 
 licensed premises vacated ov lease determined 606 
 
 licensee improperly refusing to transfer 606 
 
 marriage of female hcensee 606 
 
 report of inspector 606 
 
 tenant forfeiting, authority to owner to continue business 606 
 
 transfer of business by operation of law, on 605 
 
 Treasm-er, .aU fines to be paid to 615 
 
 Turf clubs, permits to licensees for race meetings, etc 601 
 
 Wholesale Ucense, consumption on premises prohibited 600-601 
 
 conviction of licensee, effect of 601 
 
 hours for sale hmited 609 
 
 license fee 602 
 
 number of to be limited 608 
 
 powers of licensee 600 
 
 report of inspector 603 
 
 restrictions on sale by 600-601 
 
 wholesale licensee selling for illicit sale : 610 
 
 by retail elsewhere 610 
 
 Women forbidden licensed premises 611 
 
 of loose character forbiddfen Ucensed premises 611 
 
 Windows, position of 610 
 
 Witnesses See Evidence. 614 
 
 Witness, fees 602 
 
 Whitehorse, license fee in 602 
 
 Liquors (intoxicating) importation and of traffic in. 
 
 Commissioner may appoint officers 635 
 
 may issue permits 635 
 
 Fees -. 635 
 
 may be reduced 635 
 
 Import, no Uquor imported without hcense 635 
 
 Importers must first obtain a hcense 635 
 
 penalty 635 
 
 Licensee not to sell except under provisions of license 636 
 
 penalty 636 
 
 Officers, appointment of 635 
 
 powers of 636 
 
 penalty for refusing to admit 636 
 
 Permit may be granted anyone 636 
 
 Short title 635 
 
 Literary Institutes 
 
 See Mechanics and Literary Institutes. 653 
 
Index. 927 
 
 The figures refer to the top paging. 
 
 Page. 
 Livery, Boarding and Sale Stable Keepers. 
 
 Animals detained to be cared for by stable keeper 637 
 
 " Boarding stable keeper " defined 637 
 
 Detention by stable keeper of animals and effects for indebtedness 637 
 
 Effects detained, stable keeper responsible for care of 637 
 
 Interpretation 637 
 
 Lien of stable keeper on animals and effects for indebtedness and enforcement 637 
 
 " Livery stable keeper " defined 637 
 
 Ordinance, copy of, to be posted in stable or benefit of ordinance forfeited 638 
 
 Penalty for omission to post copy of ordinance in stable 638 
 
 to cleanse and disinfect stable 638 
 
 Responsibility of stable keeper for animals and effects detained 637 
 
 " Sales stable keeper " defined 637 
 
 Sale by public auction of animals and effects detained in default of payment within 
 
 one month 637-638 
 
 notice of intention to sell to be advertised (and posted up in 
 
 post office and stable) for two weeks 638 
 
 particulars to be stated in 638 
 
 proceeds of, application 638 
 
 surplus unclaimed after one month to be paid to Territorial treasurer 638 
 
 for one year to belong to general revenue fund. . 638 
 
 Shorttitle 637 
 
 Stable to be cleansed and disinfected in April and October 638 
 
 penalty for omission 638 
 
 Lunatics, confinement of. 
 
 See Insane Persons. 404 
 
 Logs, Etc., driving of ^^^ 
 
 Arbitration 
 
 award 
 
 appointment 
 
 ^''''f :;:::;;:;;642-643 
 
 procedure ^^^ 
 
 witnesses. 
 
 Claims, limitation of „_ 
 
 Clearing obstructions ... 
 
 Damages ^.-^ 
 
 Detention, damages for „^^ 
 
 Exempting from operation ._„ 
 
 Interpretation ggg 
 
 " Logs ggg 
 
 "Water" '.'.'.'..'.'.'.'.'.'. 640 
 
 Intermixed logs g^Q 
 
 Lien ' ' " 642 
 
 Crown not affected by g^Q 
 
 notice to owners g^g 
 
 sale under g4.2 
 
 toUs subject to 544. 
 
 limitation of claims 539 
 
 Navigation, obstructing g39 
 
 Obstructions 639 
 
 clearing of g39 
 
 care of logs 
 
928 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Logs, Etc., driving of — Continued. 
 
 Owners, several 
 
 separation of logs 640 
 
 driving of logs 640 
 
 neglect 640 
 
 Proclamation, exempting from operation of ordinance 644 
 
 bringing in 644 
 
 Security 641 
 
 form of 644 
 
 Separation of logs 641 
 
 expense of 641 
 
 neglact to pay 641 
 
 notice to owner 641 
 
 several owners 640 
 
 Several owners. 
 
 separation of logs 640 
 
 driving of logs 640 
 
 neglect 640 
 
 Short title 639 
 
 Witnesses, arbitration 643 
 
 Magistrates, Police. See Police Magistrates. 694 
 
 Marriages, Solemnization of 
 
 Affidavit to be made by one of parties before hcense issued 647 
 
 form of 649 
 
 to be forwarded to commissioner with quarterly return 647 
 
 fm-ther evidence to be required by hcense issuer doubting correctness of . . . 647 
 
 Consent of parent or guardian to marriage of minor necessary 647 
 
 Fees on issue of hcenses, and disposition thereof 648 
 
 Form of hcense 648 
 
 Liabihty of person solemnizing marriage 648 
 
 Licenses, issue of, and form 646-647 
 
 to be signed by commissioner 647 
 
 to be signed by hcense issuer when issued 647 
 
 affidavit to be made by one of parties before issue 647 
 
 to be supplemented by further evidence if hcense issuer doubts 
 
 correctness of 647 
 
 penalty for unauthorized issue of 648 
 
 License issuer to make quarterly returns to and to forward original affidavits there- 
 with : 447 
 
 when called upon, to make sworn return of hcenses supphed, and 
 
 return of unissued hcenses 648 
 
 License fees and disposition thereof 648 
 
 Marriage, solemnization of 646 
 
 persons authorized to solemnize 646 
 
 ceremony not to be performed without hcense or banns 646 
 
 to be solemnized in presence of two witnesses 646 
 
 to be registered by person solemnizing 646 
 
 person solemnizing in good faith not hable, though legal impediment existed 646 
 
 penalty for solemnizing without authority 648 
 
Index. 929 
 The figures refer to the top paging. 
 
 Marriages, Solemnization of— Continued, ^^^' 
 
 Minor, consent of parent or guardian required to marriage of 647 
 
 Penalty for issuing license or solemnizing marriage without authority. ......... 648 
 
 Registration of marriage by person solemnizing 646 
 
 Return to be made by hcense issuers quarterly to Commissioner, aocompanied by 
 
 original affidavits „,- 
 
 when called for, of hcenses supplied, and retm'n of unissued 
 
 licenses 648 
 
 Marriages, Registration of See Births, Deaths and Marriages. 61 
 Married Women, Personal Property of 
 
 As regards personal property has rights of a. feme sole 650 
 
 Masters and Servants. 
 
 Apprentice, misconduct of 651 
 
 Civil remedies for recovery of wages and damages, preserved 652 
 
 Clerk, misconduct of 651 
 
 Contracts or hire of personal service subject to ordinance 651 
 
 if for more than one year, to be in writing signed by parties 651 
 
 made outside the Territory, ordinance applies to 651 
 
 Limitation of time for proceedings ., 651 
 
 Master, non-payment of wages by 651 
 
 not to be imprisoned unless guilty of fraud 652 
 
 misconduct of 651 
 
 Penalty for misconduct of servant 651 
 
 Servant, misconduct of 651 
 
 Wages, non-payment of 651 
 
 recovery of, limitation, of time for 651 
 
 civil remedies for, preserved 652 
 
 Mechanics and Literary Institutes 
 
 Audit of financial statement prior to annual meeting 654 
 
 Election of ofiicers 653 
 
 Funds of institute, appUcation of 655 
 
 Institute, organization of 653 
 
 to be a corporation 655 
 
 powers of 655 
 
 Land, power to acquire.. 655 
 
 Meetings, annual 654 
 
 officers' report at 654 
 
 record to be kept and certified copy sent to Territorial secretary 655 
 
 financial statement to be presented at 654 
 
 record of to be kept and certified copy sent to Territorial secre'y 655 
 
 of officers, how called 654 
 
 Member, who may become a. 653 
 
 annual subscription payable by 653 
 
 Objects of institutes 653-654 
 
 Officers, and election of ^^^ 
 
 annual report of 654 
 
 information to be given to Territorial secretary by 655 
 
 Organization of institutes, mode of 653 
 
 Power of institute to acquire lands, etc 655 
 
 70263—59 
 
930 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Mechanics and Literary Institutes — Continued. 
 
 Report by ofiBcers, annual 654 
 
 Short title 653 
 
 Voters at election of officers, qualification of 654 
 
 at meetings, quaUfieation of 654 
 
 Mehcanics Liens. 
 
 Actions to enforce liens, time for 572-573 
 
 lien holders may join in 573 
 
 enuring for class 573 
 
 death of plaintiff or refusal to proceed 573 
 
 Agreements as to lien not to affect third party 568 
 
 Arbitration of claim against hen holder 570 
 
 subcontractor's claim 571 
 
 Assignment of hen 574 
 
 Chattels, hens on 573-575 
 
 enforcing 573-575 
 
 application of proceeds 573-574 
 
 Class of hen holders to rank pari passu 573 
 
 Cost of hen may be added to judgment 573 
 
 Death of hen holder 574 
 
 Discharge of lien 574 
 
 registration of 574 
 
 cost of 574 
 
 Execution against persons supplying material, exemptions 573 
 
 Forms in schedule declared sufficient for purposes 575 
 
 claim of hen 575-576' 
 
 claim of hen for wages 576 
 
 several claimants 576 
 
 affidavit verifying claim 577 
 
 Interpretation, " contractor " 568 
 
 " subcontractor " 568 
 
 " owner " 568 
 
 Lien holders, claims against, effect of 570 
 
 action or arbitration respecting 570 
 
 failure to pay, payment by owner 570-571 
 
 deemed pm'chasers pro tanto 572 
 
 Lien of mechanics and others doing work or supplying materials 568-569 
 
 for ten days after completion of work 570 
 
 Machinery, sale or removal of 573 
 
 Material affected by hen, not to be removed 571 
 
 Mortgage, prior, effect of hen on 569 
 
 Owner, habihty of not to be increased by hen 570 
 
 entitled to retain ten per cent of contract price 569 
 
 Payments by owner in good faith 569 
 
 Period for credit, time for action if no 573 
 
 Property on which hen attaches 569 
 
 where leasehold, consent of landlord to hen on land 569 
 
 Proceedings to reahze 572 
 
 Procedure to be as in Territorial court 673 
 
 Registration of hen 571 
 
 time for 572 
 
Index. 931 
 
 The figures refer to the top paging. 
 
 Mechanics and Literary Institutes — Continued. 
 
 Registration of lien, setting aside 574 
 
 Removal of lien on terms 574 
 
 application for summarily 574 
 
 Sale of land charged with hen 573 
 
 Short title ggg 
 
 Subcontractor, defined 5Q8 
 
 hen of, limited 569 
 
 claim of, arbitration 57I 
 
 Wages, lien for 5g9 
 
 where property belongs to wife of employer 569 
 
 priority 57O 
 
 uniting several claims of 572 
 
 Medicine and Surgery 
 
 Accident, aid in case of 661 
 
 Action against practitioner 668 
 
 limitation 658 
 
 Annual fee 658 
 
 Certificate, when invahd 660 
 
 of registration 659 
 
 invahdity 660 
 
 Charges, inquiry into 658-660 
 
 Commissioner, inquiry by 658 
 
 striking off by 658 
 
 suspension by 658 
 
 Complainant 661 
 
 Evidence of registration 659 
 
 Examination, fee on, etc 657-658 
 
 Exceptions as to right to practice 660 
 
 Fees, annual 658 
 
 examination 657-658 
 
 registration .' 661 
 
 tariff of 661 
 
 Fines, application of 661 
 
 Homeopathic physicians 661 
 
 Identification 657 
 
 Improper use of title 659 
 
 Invalidity of certificate 660 
 
 Inquiry as to conduct , 658 
 
 "Legally quahfied medical practitioner " meaning of 661 
 
 List of names registered 659 
 
 pubUcation of 669 
 
 Malpractice 668 
 
 Umitation of action for 658 
 
 Medical officer, registration 660 
 
 Medical aid, case of accident 661 
 
 Names, practitioners 659 
 
 pubhcation of 659 
 
 Neghgence, limitation of action for 658 
 
 Omission to register 659 
 
 penalty for 65& 
 
 70263—591 
 
932 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Medicine and Surgery — Continued. 
 
 Pretending to be physician „ 659 
 
 Prosecutions, burden of proof 660 
 
 limitation of time 661 
 
 Prosecutor, who may be 661 
 
 Publication, list of names -. . 659 
 
 Qualification 657-658 
 
 Register, entry in 657 
 
 inspection of 657 
 
 who entitled to 657 
 
 custody of 657 
 
 striking name from 658 
 
 Registration, certificate of 659 
 
 fee on 658 
 
 proof of 660 
 
 qualification for 657-658 
 
 Right to practice 658 
 
 Short title 657 
 
 Striking off register 658 
 
 power of commissioner 658 
 
 convicted person, etc. 658 
 
 Suspension from practice 658 
 
 Surgical aid, case of accident 661 
 
 Territorial Secretary, duties of 659 
 
 Unregistered person 659-660 
 
 ■ 
 
 Mercantile Agents See Factors and Agents. 357 
 
 Miners Liens 578 
 
 Action, how commenced 579 
 
 ioining claimants 580 
 
 Affidavit verifying claim 579 
 
 Assignment of right of lien 581 
 
 Certificate of proceedings 580 
 
 Claim of lien 579 
 
 affidavit verifying 579 
 
 copy to gold commissioner 579 
 
 contents 579 
 
 effect of registration 578-579 
 
 registration, time for 579 
 
 several claimants 579 
 
 Chattels liable 578 
 
 Costs 580 
 
 claimant to pay in certain cases 581 
 
 Death of plaintiff 580 
 
 proceedings 680 
 
 Death of lien holder 581 
 
 devolution of right 581 
 
 Discharge 581 
 
 refusal to, costs 581 
 
 Dredges, etc 578 
 
Index. 933 
 
 The figures refer to the top paging. 
 
 Miners Liens— Continued. ^^^^' 
 
 Encumbrance, priority over 579 
 
 Encumbered mines coi 
 
 J. ^ ool 
 
 dispute as to amount gg2 
 
 deposit of gold 5g2 
 
 notice to mortgagees, etc 581-582 
 
 penalty on failure to notify 581-582 
 
 penalties 582-583 
 
 removal of gold gg2 
 
 representation at clean-up 5g2 
 
 wages, dispute as to 5g2 
 
 priority of after notice aa to one-half output 582 
 
 Enforcement of hen 5gO 
 
 Fees 5gl 
 
 Interpretation 57g 
 
 " Layman " ; gyg 
 
 " Mhier " 578 
 
 " Owner " 578 
 
 " registering " or " registration " 578 
 
 Joining claimants 580 
 
 Liability, court to fix 580 
 
 Lien, enforcement 580 
 
 expiration of 579-580 
 
 what shall attach to 578-579 
 
 who entitled to 578 
 
 priority 578 
 
 registration, time of 579 
 
 effect of 678 
 
 proceedings to enforce 580 
 
 sale to satisfy 580 
 
 Machinery, sale of 580 
 
 Mortgage, priority over 579 
 
 Mortgagee, notice to 581 
 
 failure to give 581-582 
 
 Notice to mortgagee, etc 581-582 
 
 Originating summons, enforcement by 580 
 
 grounds set forth in 580 
 
 joining claimants 580 
 
 UabUity to be fixed 580 
 
 time for issuing 580 
 
 Payment in to court- 581 
 
 Priority 578-579 
 
 as to wages 582 
 
 Proceedings, to enforce 580 
 
 time for 580 
 
 Property, attached by lien 578-579 
 
 Registration, annulment of 581 
 
 effect of 578 
 
 court may vacate 581 
 
 time for - 579 
 
 Sale of property • •- 580 
 
934 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Miners Liens — Contmued. 
 
 Sale of wood, etc , 580 
 
 Security in lieu of claim 581 
 
 Short title 578 
 
 Wood, sale of 580 
 
 Miners Liens (Order in Council) , xxxix 
 
 Action, how commenced xl 
 
 joining claimants. xU 
 
 Affidavit, verifying claim xl 
 
 Assignment of right of Uen xlii 
 
 Certificate of proceedings xU 
 
 Chattels, sale of xhi 
 
 Claim of lien, when to be registered xl 
 
 what to state xl 
 
 may include several claims xl 
 
 verified by affidavit • xl 
 
 copy to Gold Commissioner xU 
 
 effect of registration xl 
 
 Costs : xhi 
 
 Death of plaintiff xli 
 
 devolution of right in event of , xlii 
 
 Devolution of right in event of death xhi 
 
 Discharge xhi 
 
 cost on refusal xlii 
 
 Encumbrance, priority over xl 
 
 Encumbered mines, notice to mortgagee, etc xlii 
 
 penalty, failure to notify ._. xliii 
 
 gold deposited with clerk of com:t xliii 
 
 removal of gold xhii 
 
 representation at clean-up xhii 
 
 penalties xhv 
 
 Enforcement of lien xli 
 
 Fees xlii 
 
 Interpretation. 
 
 " Court " or " Judge " xxxix 
 
 " Layman " xxxix 
 
 " Miner " xxxix 
 
 " Owner " xxxix 
 
 " Registering " or " registration " xxxix 
 
 Joining claimants xli 
 
 Liabihty, court to fix xh 
 
 Lien, who entitled to xxxix 
 
 when to be registered .' xl 
 
 effect of registration of xl 
 
 what shall attach to xl 
 
 priority over mortgagee, etc xl 
 
 expiration of xli 
 
 proceeding to enforce xli 
 
 sale to satisfy xlii 
 
 Machinery, sale of xhi 
 
Index. 935 
 
 The figures refer to the top paging. 
 
 Miners Liens— (Orrfers in CoutiaO— Continued. ^^^^' 
 
 Mortgage, priority over. xl 
 
 Mortgagee, notice to xlii 
 
 failure to give xliii 
 
 Notice to mortgagee, etc xlii 
 
 Originating summons xli 
 
 court to fix UabiUty xli 
 
 proceedings to enforce by xli 
 
 when to be issued xli 
 
 several claimants may join in .' xli 
 
 grounds to be set forth in xU 
 
 Payment into court xUi 
 
 Priority of hen in certain cases xl 
 
 Proceedings to enforce hen xh 
 
 time within which to be commenced xh 
 
 Property attached by hen xl 
 
 Receiver xli 
 
 Registration, effect of xl 
 
 annulment of xlii 
 
 time for xl 
 
 com^; may vacate xhi 
 
 Sale of property xhi 
 
 of wood, machinery, etc xhi 
 
 Security in heu of claim xhi 
 
 Short title xxxix 
 
 Wood, sale of xli. 
 
 Miners, Protecrion of 
 
 See Protection of Miners. 662 
 Mining Companies 
 
 See Goitnpanies. 109 
 Mortgages and Sales of Chattels 
 
 See Bills of Sale. 50 
 
 Mortgages, distress for interest on 289-290 
 
 limited to goods not exempt from seizure 290 
 
 notice before sale ., 290 
 
 Motor Vehicles 676 
 
 Accidents, care to avoid 680 
 
 assistance to be given 680 
 
 name and address to be given 680 
 
 Action, existing not to apply to 683 
 
 Age, minimum of, for operators 679 
 
 Bet or wager, motor not to be driven on 679 
 
 Bluff, passing where 680 
 
 Brakes to have 678 
 
 Certificate of registration 676-677 
 
 contents of 677 
 
 expiry of 677 
 
 renewal of t 677 
 
 revocation tor misconduct 680 
 
 canceUation on third conviction 682 
 
936 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Motor vehicles — Continued . 
 
 Certificate plate to be returned on cancellation 682 
 
 cancellation on giving false information 683 
 
 Conviction to be certified to Territorial secretary 681 
 
 Damage, onus of proof in case of 680 
 
 right of action not curtailed 681 
 
 Danger, apprehension of 679 
 
 to slow down on signal 679 
 
 driver to render assistance .' 680 
 
 horn not to be blown 680 
 
 Dangerous places, motor to remain stationary at 679 
 
 horses to be allowed to pass first 679 
 
 Definition of "motor vehicle" 676 
 
 "highway" 676 
 
 Embankment, passing where 680 
 
 Fees, to form part of general revenue fund 678 
 
 Female under 18 not to drive 679 
 
 Fines, to Tenitorial treasiirer 682 
 
 Highway, definition of 676 
 
 dangerous places on 679 
 
 to remain stationary on 679 
 
 to slow down when meeting on 679 
 
 passing on 680 
 
 passing on where bluff 680 
 
 Highways ordinance to apply to motor vehicles 680 
 
 Horn, to carry 678 
 
 when to be sounded 678 
 
 not to be blown when motor stopped 680 
 
 Fjitoxicated person not to operate 679 
 
 on prosecution for court may draw conclusions 681 
 
 proof that Uquor used not necessary 683 
 
 Interference with not allowed 683 
 
 Lights, to be carried 678 
 
 numbers to be shown on 677 
 
 number of 67^ 
 
 Male under 16 not to operate 679 
 
 Motor vehicle, definition of 676 
 
 NegUgence to be proven ; 682 
 
 Non-residents, operation by 682 
 
 must register after 90 days 682 
 
 Notice of transfer to be given 677 
 
 Number of, to be given 676 
 
 not applicable to agents 676 
 
 demonstrators 676 
 
 to be affixed to machine 677 
 
 plates, issue of 677 
 
 fee for 677 
 
 reissue of on transfer 677 
 
 places to be attached 677 
 
 each to use its own 682 
 
 loss of, new plate issued 682 
 
Index. 937 
 
 The figures refer to the top paging. 
 
 Motor vehicles— Continued. 
 
 Occupants of motor to render assistance 680 
 
 Onus of proof in case of damage 680 
 
 Operator to comply with law before operating motor 678 
 
 Owner liable for violation 681 
 
 Passing on highway ggO 
 
 motor vehicles to pass on outside of road 680 
 
 Penalties ggj 
 
 for violation of sec. 24 ; . 681 
 
 Police, operator to stop on signal from 6S2 
 
 Prosecution, for violation 681 
 
 magistrate of opinion no negligence may dismiss. 682 
 
 dismissal of if without negligence 682 
 
 conviction to be certified to Territorial secretary 681 
 
 Pubhe highway, definition of 676 
 
 Race, motor not to be driven in 679 
 
 Registration. (See certificate of) 676-677 
 
 Slow down, motor to when approaching horses 679 
 
 Short title 676 
 
 Speed limit on highway 678 
 
 in city or town 678 
 
 exceeding, prima fade evidence of 678 
 
 Statement to be filed by owner 676 
 
 contents of 676 
 
 fee on 676 
 
 registration of 676 
 
 Transfer, notice of, to Territorial secretary 677 
 
 Violation of ordinance, liability on 681 
 
 Wager, motor not to be driven on 679 
 
 • 
 
 Newspapers 684 
 
 Fees 685 
 
 Interpreta"tion 684 
 
 Particulars to be filed with clerk of court 684 
 
 before pubhcation 684 
 
 on change of ownership 685 
 
 Penalties 684 
 
 Proprietor 684 
 
 Notaries Public. 
 
 Appointment ' 686 
 
 Must be residents of Territory 686 
 
 Powers, rights and profits. '. 686 
 
 Fee for commission 686 
 
 Barristersto be 686 
 
 Oaths. 
 
 Officers for taking, generally 6 
 
 Commissioners for, in and out of the Territory 108 
 
938 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Partnerships. 
 
 Absent members to authorize present co-members to sign declairation 687 
 
 authority to be filed 687 
 
 Change in membership, style or places of residence to be filed 687 
 
 partnership deemed existent tUl new declaration filed . . 689 
 
 Declaration of partnership for trading, manufacturing or mining purposes to be filed 687 
 
 to be in writiQg, signed by members of partnership 687 
 
 signed by members present for absent co-members. . 687 
 authority to co-members to sign for absent members 
 
 to be filed 687 
 
 form and contents of 687 
 
 to be filed within two months after formation 687 
 
 Declaration of change in membership, style or place of residence to be filed 687 
 
 by individual using trade name to be filed 687 
 
 contents, of 688 
 
 to be filed within two months of assumption of trade name 688 
 
 allegations in, binding on person signing 688 
 
 UabUity of person signing 689 
 
 not signing though actually a member 689 
 
 of dissolution may be filed 689 
 
 Dissolution, declaration of 689 
 
 Fees for registration, etc 689 
 
 Individual using trade name to file declaration within two months 687 
 
 contents of declaration. 688 
 
 Liability of person signing declaration 689 
 
 Partnership for trading, manufacturing or mining purposes, declaration to be filed . . 687 
 
 Partners rights inter se 689 
 
 Penalty for non-registration 688 
 
 Registration books to be kept 688 ■ 
 
 firm index book *. 688 
 
 individual index book 688 
 
 Pawn Brokers 692 
 
 Account of sales 692 
 
 Book of entry 692 
 
 amount of loan 692 
 
 description of goods 692 
 
 duplicate of entry 692 
 
 inspection of 692 
 
 Duphcate of entry 692 
 
 delivery of 692 
 
 loss of 693 
 
 production of 693 
 
 Entry, duphcate of , 692 
 
 delivery of 692 
 
 loss of 693 
 
 production of 693 
 
 Fee for Ucense 692 
 
 Holder of entry, owner 693 
 
 Information, book of 692 
 
 Intoxicated person 693 
 
 License g92 
 
Index. 939 
 
 The figures refer to the top paging. . 
 
 Pawn Brokers— Continued. ^^^" 
 
 License fee for goo 
 
 renewal of gg2 
 
 penalty g92 
 
 Minors '.'.'.'.'.'.' '.'^^.'.'.'. .'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'.'.'.'. 693 
 
 Owner, who deemed g93 
 
 Pawn broker, who deemed 693 
 
 Pawned goods, redemption of 693 
 
 sale of 692 
 
 time 693 
 
 Penalty 692 
 
 Rates, table of 692 
 
 Redemption 693 
 
 Short title 692 
 
 Table of rates ^ 692 
 
 Unredeemed goods 692 
 
 Police Magistrates Courts 694 
 
 Appeal 696 
 
 adjournment of 696 
 
 amount involved 696 
 
 approval of book 697 
 
 book printed or type written 697 
 
 costs, security for 696 
 
 evidence by affidavit 697 
 
 questions of fact 697 
 
 stenographers' notes 697 
 
 fees to clerk 697 
 
 filing appeal book 697 
 
 time for. 697 
 
 hearing to be fixed 697 
 
 time for 697 
 
 leave for 696 
 
 notice of 696 
 
 not to be stay of execution 697 
 
 Books, records, etc 695 
 
 to be supplied 695 
 
 Civil jurisdiction 694 
 
 Clerk, appointment of ^ .. 696 
 
 duties of 695 
 
 fees 695 
 
 percentage of fees 695 
 
 returns by 695 
 
 Costs 694 
 
 security for 696 
 
 Court, jurisdiction of 694 
 
 title of 694 
 
 Deputy clerk • 695 
 
 Deputy sheriff 695 
 
 Execution, stay of - 697 
 
 Fees to clerk 697 
 
940 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Police Magistrates Courts — Continued. 
 
 Fees to sheriff 695 
 
 solicitors 695 
 
 tariff of 695 
 
 - Forms of proceedings _. 694 
 
 to be provided 695 
 
 Filing of appeal book 697 
 
 time for 697 
 
 Judgment, force of ' 694 
 
 Jurisdiction 694 
 
 Leave to appeal 696 
 
 Motions to be by notice 696 
 
 New trials 696 
 
 Notice of appeal 696 
 
 amendment of 697 
 
 filing of 697 
 
 service of 697 
 
 time for 697 
 
 enlargement of 697 
 
 Orders, force of 694 
 
 Practice and procedure 694 
 
 Proceedings as if in Territorial court 694 
 
 Returns by clerk 695 
 
 Rules of court 694 
 
 Seal 696 
 
 Security on appeal 697 
 
 Security for costs of appeal, etc 696 
 
 Settling appeal book 697 
 
 Sheriff's fees 695 
 
 Short title 694 
 
 Solicitors' fees , 695 
 
 tariff of 695 
 
 Stay of execution 697 
 
 Tariff of fees 695 
 
 Time, enlargement of " 697 
 
 Title of court ." 694 
 
 Pollution of Running Streams. 
 
 Banks of streams include lands within 50 feet of high water mark 698 
 
 Depositing filth, carcasses, etc., in stream, penalty 698 
 
 Discharge of sewage waters from dwellings, etc., ordinance not to affect 698 
 
 Prairie and Forest Fires. See Fires. 371 
 
 Preferential Assignments 699 
 
 Benefit of creditors, for 699 
 
 BoTia fide sales not affected ^ . . . 699 
 
 Fraudulent, etc., void whether under pressure or not 699 
 
 Protection of Miners 662 
 
 Abandoned mines ggg 
 
 Abandoned shafts to be fenced 668 
 
Index. 941 
 
 The figures refer to the top paging. 
 
 Protection of Miners— Continued. 
 
 Accident, miners may appoint person to examine seat of 673 
 
 Accidents to be investigated gg4. 
 
 Accommodation for changing clothing to be provided 672 
 
 "Agent" gg2 
 
 Application of ordinance 6g2 
 
 Appliances for safety of mine not to be removed 672 
 
 to be examined every 24 hours 672 
 
 Apparatus to be kept for raising and lowering 667, 671 
 
 neglecting to provide, an offence 667 
 
 Boiler steam to have gauge cock 671 
 
 Boys not to be employed 666 
 
 Brakes to be on lowering and raising machinery 671 
 
 Cages to have cover 671 
 
 single hnk chains not to be used 671 
 
 Commissioner to appoint inspectors 662 
 
 authorize inspector to hold investigation 664 
 
 define districts 662 
 
 Coroners inquest 665-666 
 
 Court may prohibit working of mine 667 
 
 Death notice of to be sent to commissioner and inspector 667-668 
 
 failure to send, offence 668 
 
 Directions for working to be observed 672 
 
 Drums to have flanges 671 
 
 Employment of boys in mines 666 
 
 Entrances to mines not working to be fenced 669 
 
 Explosives 669 
 
 Examination of seat of accident 673 
 
 of machinery and appliances 672 
 
 Failure to send notice of death, offence 668 
 
 Fenced, shafts to-be 670 
 
 Fly-wheels to be fenced 671 
 
 Flanges to be on drums 671 
 
 Form of notice 668, 675 
 
 Gases noxious, workmen not to work where 669 
 
 Gage to be on steam boilers. . .s 671 
 
 Guides and signals to be provided for working shafts 671 
 
 "Inclined plane" 662 
 
 Inquest, coroners 665 
 
 Inspection of mine by mi ners 672 
 
 Injimction may be granted by court 667 
 
 Inspector, commissioner may appoint 662 
 
 duties of 663 
 
 powers of 663 
 
 proceedings of if mine dangerous 663-664 
 
 to hold investigations 664 
 
 to attend coroners inquests 665 
 
 report 663 
 
 Interpretation 662 
 
 "agent" 662 
 
 "inclined plane" 662 
 
942 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Protection of Miners — Continued. 
 
 Interpretation '' mine" 662 
 
 "owner" 662 
 
 "plan" 662 
 
 "shaft" 662 
 
 Investigation of accidents 664 
 
 Ladders not to be vertical 672 
 
 Linked chains single, not to be hsed for cages 671 
 
 Loss of life or injury to be reported to commissioner 667-668 
 
 "Mine" 662 
 
 Mine if found dangerous by inspector , -. 663-664 
 
 boys not to be employed in 666 
 
 loss of Hfe in, to be reported to commissioner 667-668 
 
 notice of closing, to be sent commissioner 668 
 
 entrances to, not working, to be fenced 669 
 
 not to work in, where noxious gases 669 
 
 not to remove appliance for safety of 672 
 
 miners may inspect 672 
 
 certain rules not to apply to placer 673 
 
 Miners on coroners jury 666 
 
 wages not to be paid in public houses 666 
 
 to observe directions for working 672 
 
 may appoint persons to inspect 672 
 
 may appoint persons to examine seat of accident 673 
 
 Machinery to be inspected 672 
 
 for lowering to have brakes 671 
 
 Manholes 670 
 
 to be kept clear 670 
 
 Natural strata not safe to be cased 670 
 
 Notice of application for injunction 667 
 
 death to be sent to commissioner 667-668 
 
 failure to send, offence 668 
 
 change of ownership 668 
 
 Notices, how served 673 
 
 "Owner" 662 
 
 Offences 666 
 
 Owner to provide proper apparatus 667 
 
 Ownership notice of change of, to be sent to commissioner 668 
 
 "Plan" 662 
 
 Penalties 673 
 
 Placer mines certain rules not to apply to ; 673 
 
 Personal injuries to be reported 673 
 
 Public houses wages not to be paid in 667 
 
 Riiles, general, to be observed 669-673 
 
 Roof of working place to be made safe 670 
 
 "Shaft," meaning of 662 
 
 Shafts ggy 
 
 to have proper apparatus 667 
 
 abandoned to be fenced 668 
 
 not being used to be fenced 670 
 
 not safe to be cased 670 
 
 more than 50 yards deep 671 
 
Index. 943 
 
 The figures refer to the top paging. 
 
 Protection of Miners— Continued. 
 
 Short title gg2 
 
 Signals W.^. ..... ..... .. ................... .... 669 
 
 Single linked chains not to be used 671 
 
 Steam boilers to have gauge g71 
 
 Ventilation ggg 
 
 Wages not to be paid in pubhc houses 666 
 
 Public Administrator gee Judicature. 700 
 
 Administration of estates by 700-701 
 
 manner of 701 
 
 Assets, distribution of by 701 
 
 to be dehvered to 700^701 
 
 Claims to be filed with 701 
 
 proof of 701 
 
 notice to creditors to file 701 
 
 Distribution of estate by 701 
 
 Fees, schedule of 702 
 
 Infants, to be guardian of certain 701 
 
 Lunatics (See Insane Persons, p. 404.) 
 
 Notice of death to be given to 700-701 
 
 Powers of 700-701 
 
 to summon witnesses 701-702 
 
 to examine witnesses on oath 701-702 
 
 penalty on refusal to answer questions 702 
 
 Property to be deKvered to 700 
 
 Remuneration of 702 
 
 Report, to make 700 
 
 Rules of court, certain to apply 701 
 
 Security, to furnish 700 
 
 Public Expenditure 
 
 How made where no other provision 7 
 
 Public Health 382 
 
 Board ot health, city council to be 383 
 
 Child in infected house attending school, penalty 388 
 
 City or town, appointment of health officer by 387 
 
 City couucil to be board of health 383 
 
 Coromissioner to appoint medical health officer 382 
 
 to establish quarantine stations 383 
 
 may appoint sanitary inspectors 383 
 
 to fix salaries 385 
 
 order expenditure out of general revenue fund 390 
 
 Contagion, precautions against : 388-389 
 
 Cows, inspection of 387 
 
 destruction of diseased 387 
 
 Dairies, inspection of 387 
 
 Disease outside Territory 391 
 
 ingress may be prohibited 391 
 
 preventing 384 
 
944 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Public Health — Concluded. 
 
 Expenditure 391 
 
 Commissioner may order payment out of general revenue fund 390-391 
 
 Forms 392 
 
 General regualtions 391-392 
 
 Health officer, local 387 
 
 powers of 385, 386, 387 
 
 to prevent departure of persons from qaiu-antine districts . . 386 
 
 to detain persons, etc., in quarantine districts 387 
 
 to remove persons from diseased localities 387 
 
 to make report to commissioner 387 
 
 Health officer, medical. See Medical Health Officer. 
 
 Interpretation 382 
 
 " House " 382 
 
 " Local board " 382 
 
 " Owner " 382 
 
 " Street " 382 
 
 Infectious disease hospital, establishing 384 
 
 Local boards, powers of 384 
 
 regulations, may make 384 
 
 preventing disease 384 
 
 supplying medical aid 384 
 
 domestic quarantine 384 
 
 cleaning dwelling 384 
 
 burial of dead 384 
 
 cleaning buildings by owners, etc 384 
 
 removing nuisances 384 
 
 for doing work at cost of person required to do it 384 
 
 collection of amount by distress 384 
 
 fixing penalties. 384 
 
 establishing infectious disease hospital 384 
 
 appointing sanitary pohce 382 
 
 Medical health officer 382 
 
 See Public Service Ordinance. 711 
 
 appointment of 382 
 
 may enter premises 385 
 
 call police to his assistance 385-386 
 
 cows, inspection of 387 
 
 destruction of diseased by 387 
 
 inspect food 386 
 
 post notice of disease an house .- 386 
 
 allow healthy adult to remove from house infected with measles, etc 389 
 
 regulations -of ; 383 
 
 cleaning streets 383 
 
 removing nuisnaces 383 
 
 nuisance ground, establishment of by 387 
 
 preventing disease 383 
 
 burial of dead 383 
 
 supplying medical aid 383 
 
 entry and departure of boats 383 
 
 compulsory vaccination 383 
 
Index. 945 
 
 The figures refer to the top paging. 
 
 Page. 
 Public Health— Continued. 
 
 Medical health oflace]>— Continued. 
 
 fixing periods of quarantine 383 
 
 enforcing ordinance by local board 383 
 
 vaccinating indigents 383 
 
 penalty for breach of regulations 382 
 
 may do things at expense of person in default 386 
 
 medical practitioner may remove patient 389 
 
 milk inspection of by 387 
 
 to notify medical health oflScer of infectious disease 385 
 
 to inspect premises where person ill of typhoid fever 389 
 
 penalty for refusing or neglecting 389 
 
 Milk, care and sale of 387 
 
 Nuisance groimd, establishment of , 387 
 
 may be changed 387 
 
 " Owner," meaning of 382 
 
 to have no claim for filth removed 385 
 
 to post notice of infectious disease 389 
 
 nuisances, removing 384 
 
 offering house not disinfected 388 
 
 Penalty for exposing unwholesome food for sale 386 
 
 refusing to cause disinfection 388 
 
 allowing persons to enter infected house 388 
 
 entering quarantine district without permission 388 
 
 physician not disinfecting clothing 388 
 
 nurse not disinfecting 388 
 
 owner renting house not disinfected 388 
 
 allowing child in infected house to attend school 388 
 
 bringing infected person into Territory 389 
 
 landing vessel in Territory with infected person 389 
 
 continued offence 390 
 
 destroying notice 390 
 
 refusing to obey order from health officer 390 
 
 obstructing health officer 390 
 
 Quarantine, commissioner may establish 386-387 
 
 health officer may prevent person entering or leaving 386-387 
 
 Regulations, general 391 
 
 Sanitary poUce, appointment of 384 
 
 Schedule 391 
 
 Short title 382 
 
 " Street," meaning of 382 
 
 Tenant offering house not disinfected 388 
 
 Public Matters, Inquiries concerning. See Inquiry into Public Matters. 403 
 
 Public Printing 703 
 
 Accounts to be certified 704 
 
 Annual estimate 704 
 
 Annual returns 704 
 
 Audit by King's Printer 704 
 
 Certificate by King's Printer 704 
 
 70263—60 
 
946 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Public Printing — Continued. 
 
 Certificate, fraudulent 704 
 
 pernalty for 704 
 
 Commissioner, powers of 703, 704, 705 
 
 Contract, work to be by 703 
 
 Contracts, preparation of 704 
 
 Distribution of ordinances 703 
 
 Duties of King's Printer 703-704 
 
 Expenses, payment of 705 
 
 Form and style of printing 703 
 
 Gazette 703 
 
 advertisements, etc., in 704 
 
 form of 704 
 
 mode of pu'bhshing 704 
 
 proclamations, etc 704 
 
 pubMcation of 703 
 
 King's Printer 703 
 
 appointment of 703 
 
 annual return by 704 
 
 audit by ; 704 
 
 certificate by 704 
 
 duties of 703-704 
 
 estimate by 704 
 
 quarterly returns by 704 
 
 record of transactions by 704 
 
 returns, annually 704 
 
 quarterly .^ 704 
 
 rules for 705 
 
 Ordinances, distribution of 703 
 
 pubhcation of 703 
 
 Printing, to be by contract 783 
 
 commissioner to direct 703 
 
 Quarterly returns 704 
 
 Record, King's Printer to keep 704 
 
 Returns, annual 704 
 
 quarterly 704 
 
 Rules, commissioner to make 705 
 
 Short title 703 
 
 Public Service. 
 
 Accounts to be approved by commissioner 712 
 
 certified 709, 711, 712 
 
 kept by treasurer : 707 
 
 public, when to be made out 708 
 
 Acting head may be appointed in absence of head 706 
 
 officers to be appointed by commissioner 707 
 
 Appointments to be made by commissioner 707 
 
 Assessor and tax collector for Dawson, treasurer to be 712 
 
 Commissioner to be chief executive ofiicer 706 
 
 to make appointments 707 
 
 to fix salaries 707 
 
Index. 947 
 
 The figures refer to the top paging. 
 
 Page. 
 Public Service — Continued. 
 
 Commissioner to approve accounts 712 
 
 fix hours of attendance 712 
 
 transfer employees 712 
 
 Cheques to be signed by commissioner and treasurer 708 
 
 Clerk Yukon Council, Territorial Secretary to be 708 
 
 Contracts to be signed by Commissioner and Supt. of Works 710 
 
 Contractor faihng to pay workmen, provisions 710 
 
 Chief inspector of licenses, duties of 711 
 
 treasurer to be 710 
 
 Chief preventive officer, duties of . . .■ 711 
 
 Dawson assessor and tax collector, treasurer to be 712 
 
 Departments 706 
 
 heads of to approve accounts and requisitions 712 
 
 may suspend employees 712 
 
 management of 706 
 
 Education, department of 711 
 
 "Employee," who included in 706 
 
 salaries of, to be fixed by commissioner 707 
 
 may be suspended by head 712 
 
 hours of attendance 712 
 
 Estimates, what to contain 708 
 
 Expenditure to be made by cheque 708 
 
 Fiscal year 707 
 
 "Head of department,'' meaning of 706 
 
 duties of 706 
 
 acting head to be appointed in absence 706 
 
 to approve of requisitions 712 
 
 to certify accounts 712 
 
 may suspend employees 712 
 
 Health department 711 
 
 Interpretation "Head," "Head of department" 706 
 
 "Employee" 706 
 
 Inspector of Ucenses, chief 710-711 
 
 King's Printer, Territorial Secretary to be 708 
 
 License department 710-711 
 
 Medical health officer, duties of 711 
 
 Preventive officer, chief 711. 
 
 Public accounts 708 
 
 Requisitions to be approved 712 
 
 Registrar of joint stock companies, Territorial Secretary to be 708 
 
 Salaries to be fixed by commissioner 707 
 
 Superintendent of schools, duties of 711 
 
 Superintendent of works 709 
 
 duties of 709 
 
 Territorial Treasurer, department of : ■ 706-707 
 
 to be assessor and collector for Dawson 712 
 
 Territorial Secretary 708 
 
 duties and powers of 708 
 
 fees for registering documents 709 
 
 70263—601 
 
948 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Public Service — Continued. 
 
 Territorial Secretary, to be Registrar 708 
 
 Clerk of Council 708 
 
 Keeper of Seal 708 
 
 Issuer of Patents, Commissions, etc 708 
 
 Keeper of registers and documents 708 
 
 King's Printer 708 
 
 Registrar of joint stock companies 708 
 
 Registrar of Territory 708 
 
 Works and buildings, department of 709 
 
 Yukon Council, member not to be appointed to office 713 
 
 Road Houses. 714 
 
 Fire escapes 714 
 
 nature of 714 
 
 Inflammable material 714 
 
 Notice in sleeping apartments. 714 
 
 Penalties 715 
 
 Privies, construction of 715 
 
 Register of names 715 
 
 "Road House, " meaning of 714 
 
 Short title 714 
 
 Sale of Goods 716 
 
 Short title 716 
 
 Interpretation > 716 
 
 " action " 716 
 
 " buyer " 716 
 
 " contract of sale " 716 
 
 " dehvery " 716 
 
 deUverable state, when goods in 717 
 
 " document of title to goods " 716 
 
 " Factors ordinance" 716 
 
 " fault " 716 
 
 " future goods " 716 
 
 " goods " 716 
 
 " good faith," act done in 716 
 
 insolvent person, who deemed 717 
 
 " property " 716 
 
 '• quality of goods " 716 
 
 '■ sale " 716 
 
 " seller " 716 
 
 " specific goods " 716 
 
 " warranty " 716 
 
 FORMATION AND FORMALITIES OF THE CONTRACT 717 
 
 Definitions of contract of sale, sale and agreement to sell 717 
 
 Capacity to buy and sell 717 
 
 Necessaries sold to persons incompetent to contract, reasonable price 717 
 
 Contract of sale, how made 717 
 
Index. 949 
 
 The figures refer to the top paging. 
 
 POBMATION AND FORMALITIES OP THE CONTRACT— CoWcZMded. 
 
 Page. 
 Sale of Goods — Contiiiued. 
 
 Requisites to validity where value $50 or upwards 717-718 
 
 Existing or future goods 71g 
 
 Goods which may be acquired on contingency 718 
 
 Effect of contract for present sale of future goods 718 
 
 Where goods perished after agreement, but before sale 718 
 
 Agreement to sell at valuation, valuation not made 718-719 
 
 Price, ascertainment of 718 
 
 goods delivered, reasonable 719 
 
 agreement to sell at valuation. 718 
 
 Conditions as to time, essence of contract, when 719 
 
 '' month '' means calendar month 719 
 
 buyer may waive or treat as warranties 719 
 
 rights of buyer on seller's non-performance 719 
 
 and warranties, implied as to title 719-720 
 
 as to description or sample 720 
 
 as to quaUty or fitness 720 
 
 on sale by sample 720 
 
 EFFECTS OP THE CONTRACT. 
 
 Passine of property, time of, rules for ascertaining intention of parties 721 
 
 .1 791—799 
 
 Goods unascertamed i^i. i^^ 
 
 Reservation by seller of light of disposal 722 
 
 Risk prima fade passes with property _ JJ~^ 
 
 Sale by person not owner 723 
 
 under voidable title 
 
 Seller in possession after sale, further disposition of goods 72d 
 
 Buyer in possession, disposition by 
 
 PERFORMANCE OP THE CONTRACT. 
 
 723 
 Duties of seller and buyer • ■ ^^g 
 
 Delivery and payment, concurrent conditions 
 
 rules as to place and time ^^ 
 
 when in possession of third person ^^^ 
 
 of insufficient or excessive quantity ^^^ 
 
 of goods mixed with other goods ^^4 
 
 by instalments Y25 
 
 to carrier ^25 
 
 at distant place, buyer's risk ^25 
 
 buyer's right to inspect ^25 
 
 how far acceptance by buyer ^25 
 
 buyer not bound to return rejected goods ^^^ 
 
 liability of buyer refusing ^27 
 
 Duration of transit ■ 724-725 
 
 Rights of buyer to refuse deUvery by instalments • • ^^5 
 
 inspect 723, 
 
 Payment and delivery, concurrent conditions • • • • ^^4 
 
 on delivery by instalments 
 
950 Index. 
 
 The figures refer to the top paging. 
 
 BBEACH OP THE CONTRACT. 
 
 Page. 
 Sale of Goods — Continued. 
 
 Damages, special, and interest 730 
 
 Unpaid seUer defined 726 
 
 right of lien 726-727 
 
 where part delivery 727 
 
 termination of 727 
 
 stoppage in transitu 727-728 
 
 re-sale 728-729 
 
 buyer becoming insolvent 727 
 
 withholding delivery 728 
 
 Unpaid seller, right of hen, effect of subsale or pledge by buyer 728 
 
 Effect of lien or stoppage in transitu on sale 728-729 
 
 Remedies of seller, action for price 729 
 
 where goods not appropriated 729 
 
 interest. ..7. 729 
 
 action for damages, non-acceptance of goods 729-730 
 
 Remedies of buyer, action for damages for non-delivery 729-730 
 
 specific performance 730 
 
 breach of warranty 730 
 
 M1SCBLLANE0U.S. 
 
 Exclusion of implied terms and conditions 730 
 
 Reasonable time, question of fact " 731 
 
 Enforcement of rights 731 
 
 Provisions as to sale by auction 731 
 
 Breach of warranty alleged, payment of price into court 731 
 
 Rules of common law and law merchant preserved 731 
 
 Enactments regarding bills of sale not affected 731 
 
 Contracts intended as mortgage, etc., excluded. 731 
 
 Sale of Goods, conditional 
 
 See Hire Receipts and Conditional Sales of Goods. 396 
 Sale Stable Keepers 
 
 See Livery, Boarding and Sale Stable Keepers. 637 
 Schedules 
 
 See Table of Contents. 803, 811 
 
 Schools 732 
 
 Accounts to be kept 745 
 
 certified by chairman 746 
 
 Affirmation. - See Oath. 
 
 Annual meeting of ratepayers 740 
 
 See Meetings of Ratepayers. 
 
 Apparatus, school, trustees to furnish ; 745-746 
 
 Appeals from decision of trustees 733, 757 
 
 Area of school district 735 
 
 Assessment and taxation 750 
 
 education in one district of children from another, rate for 753 
 
 execution rate, assessment for 752 
 
Index. 951 
 
 The figures refer to the top paging. 
 
 Schools— Continued. ■^^^®" 
 
 Assessment— Continued. 
 
 exemptions from taxation 74q 
 
 . . owner may be assessed at own request 760 
 
 jomt tenants, assessment of ygQ 
 
 non-resident, of, to obtain school privileges 760 
 
 property assessable 750 
 
 execution, assessment for 752 
 
 for education of children in other district 753 
 
 separate school districts, right of ratepayers as to assessment .750-751 
 
 persons assessable in pubUc not liable in separate districts 740 
 property held by Protestant and Roman Catholic jointly, 
 
 payment of taxes 750-751 
 
 company may in certain cases require to be assessed as 
 
 supporter 751 
 
 provisions to be observed 751 
 
 taxes, collection of 750 
 
 tenants in common, assessment of 750 
 
 Auditor, appointment of 743 
 
 duties 743 
 
 report to be received at annual meeting. .' 742 
 
 Ballot for election of trustees, procedure to obtain 736 
 
 Board of trustees. See Trustees. 743 
 
 body corporate 743 
 
 meetings of 744 
 
 organization of 743 
 
 Books, apparatus, etc., trustees to furnish 745-746 
 
 Borrowing money ". 749-750 
 
 for use till taxes collected 749 
 
 by promissory notie 750 
 
 Boundaries of districts 735 
 
 Certificates of teachers, Council of Pubhc Instruction to regulate 732 
 
 may cancel or suspend 733 
 
 Chairman of Council of Public Instruction, nomination of 732 
 
 Chairman, of first school meeting 738-739 
 
 election of 739 
 
 trustees declarations of office to be made before 738 
 
 certified by 738 
 
 vote of 741 
 
 of annual meeting 741 
 
 chairman of board to be • 740 
 
 absent, provision in case 741 
 
 proceedings at 741 
 
 of trustees 745 
 
 absence from trustees meeting 745 
 
 duties of 745 
 
 neglect of duty by ' 760 
 
 Children of one district, education in another 753 
 
 Cleanhness of schools 745 
 
 Commissioner, powers of 753-754 
 
 Compulsory education, trustees to see that law enforced 755-756 
 
 certain schools to be open throughout y'ear 755 
 
952 Index. 
 
 The figui-es refer to the top paging. 
 
 Page. 
 Schools — Continued. 
 
 Conpulsory education — Concluded. 
 
 certain schools to be open half year 755 
 
 parents and guardians to cause children to attend school 756 
 
 non-attendance, penalty for 756 
 
 justice to investigate circumstances 756 
 
 excuses to be accepted 756 
 
 truancy 756-757 
 
 Conduct of schools 753 
 
 fees 753 
 
 hours ; . . 753 
 
 recess 753 
 
 school year 753 
 
 school terms 753 
 
 hoMdays 754 
 
 schools to be taught in English, but primary course may be in French . 754 
 
 certain schools to be open throughout year 755 
 
 certain schools to be open haK year 755 
 
 Contagious diseases among pupils 759 
 
 Costs execution rate 752 
 
 Council of Public Instruction, members of 732 
 
 chairman 732 
 
 See Chairman of Council of Public Instruction. 
 
 appointed members 732 
 
 quorum 732 
 
 duties of 732-733 
 
 annual report of . . 733 
 
 text books may be prescribed by 733 
 
 regulations, classes of schools 733 
 
 Dawson school district 742 
 
 annual meeting of 742 
 
 reports may be published 742 
 
 trustees, election of for. See Trustees. 
 
 Declaration of office by trustee 738, 743 
 
 commissioner or J. P. before, at first election 738 
 
 Deferred school meetings 742-743 
 
 time and mode of calUng 742-743 
 
 powers and duties 742-743 
 
 Detaining school property, penalty 761 
 
 DiscipUne of school 758 
 
 Disease among pupils 759 
 
 District, borrowing powers of 749-750 
 
 Economy and efiiciency, trustees to exact 745 
 
 Education in one district of children from another 753 
 
 Elections of trustees 735, 738 
 
 acclamation, by 736 
 
 date of 735 
 
 first, proceedings at 735, 738 
 
 See School Meetings. 
 
 nominations 73t) 
 
 provisions regarding 735, 738 
 
Index. 953 
 
 „ , , „ The figures refer to the top paging. 
 
 Schools— Continued. p f b s ^^ ^ 
 
 Elections of trustees— Continued. ^^^' 
 
 returning officer 73g 
 
 misconduct of 761 
 
 vacancies, to fill y^g 
 
 voters lists for 735 
 
 voters, qualification of 735 
 
 English language, schools to be taught in ....... 754 
 
 exception, primary course in French 754 
 
 Exammation of teachers, certification of 732 
 
 Executions against school districts 752 
 
 direction to sheriff 752 
 
 duties and powers of sheriff and oflicers of district 752 
 
 execution rate to be levied 752 
 
 surplus to go to district 752 
 
 treasurer not acting, levy by sheriff of execution rate 752 
 
 fees thereon 752 
 
 Exemptions from taxation ' 746 
 
 Expenditure, unauthorized, habiUty of trustees 760-761 
 
 Fees, none to be charged ratepayers 753 
 
 rate chargeable to others 753 
 
 high school fees 753 
 
 kindergarten fees 755 
 
 night school fees 755 
 
 Fiscal year 742 
 
 Forms for reports and proceedings to be prepared by Superintendent 734 
 
 carrying out ordinance to be prescribed by commissioner 734 
 
 declaration of oflSce 738 
 
 teacher's agreement 757 
 
 treasurer's bond 747 
 
 return 748 
 
 French language, primary coittse may be taught in 754 
 
 Government and discipline of schools,. regulation by council of public instruction. . .732-733 
 
 Guardians, required to have children educated 756 
 
 Hohdays 754 
 
 prescribed 754 
 
 commissioner's powers regarding 754 
 
 Hours of school 753 
 
 may be varied 753 
 
 recess 753 
 
 Incurring debt, by borrowing temporarily 749 
 
 Interest on teacher's salary 758 
 
 Interpretation, " Department," " Municipality," " Superintendent," " Board " 732 
 
 Joint tenants, assessment of 750 
 
 for separate schools 750 
 
 Kindergarten schools 755 
 
 establishment of 755 
 
 fees 755 
 
 Language, English tto be used 754 
 
 exception, primary course in French 754 
 
 Library, trustees may provide and regulate 745 
 
 Loans to district, trustees may negotiate 749-750 
 
 Meetings of ratepayers, special 743 
 
954 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Schools — Continued. 
 
 Meetings of ratepayers, special — Continued. 
 
 first school meeting, chairman, election of 739 
 
 notice calling 739-740 
 
 publication of 740 
 
 time and manner of 740 
 
 organization of , 738-740 
 
 annual meeting, calling, time and mode of 740 
 
 chairman of board to be chairman of 740 
 
 absence of 741 
 
 order of busineES at 741 
 
 reports, etc., to be read at 741-742 
 
 publication of, in town districts 742 
 
 secretary of board to be secretary of 740 
 
 town districts, in 742 
 
 voters at, objections to, oath may be put 740 
 
 form of 740 
 
 deferred school meeting, prescribed meeting not held, others may be called742-743 
 
 time and mode of calling 743 
 
 their powers and duties 743 
 
 special meetings, how called 743 
 
 pubhc notice of 743 
 
 to fill vacancies 749 
 
 to be called by trustees unless other provision 749 
 
 commissioner may require 743 
 
 ratepayeis may require 743 
 
 superintendent of schools may require 743 
 
 Meetings of trustees. See Trustees. 744 
 
 Minutes of meetings to be sent department 745 
 
 recorded 745 
 
 secretary to keep 745 
 
 Misappropriation of funds by trustees 761 
 
 Municipal ordinance, provisions of, respecting ballot at elections, adoption of, when. 738 
 
 Neglect ot duty by officers of districts 748 
 
 Night schools 755 
 
 establishment 755 
 
 fees 755 
 
 Non-resident may be assessed to obtain school privileges 760 
 
 children of one di^tiict may be educated in another under arrangement. 753 
 
 Notice of trustee meetings, time and manner of giving 744 
 
 how waived 744 
 
 Oaths, qualification ot voter at first school meeting 737 
 
 Order of business at annual meeting prescribed 741 
 
 Parents required to have children educated 756 
 
 Penalties and prohibition 760-761 
 
 application of 761 
 
 company giving fraudulent notice regarding assessment 751-752 
 
 compulsory education .' 755-756 
 
 detaining school property 761 
 
 disturbing meeting 761 
 
 false report ■ 761 
 
 neglect of duty by officers 761 
 
Index. 955 
 
 The figures refer to the top paging. 
 
 Schools— Continued. ^"'S®' 
 
 Penalties — Continued. 
 
 returning officer, misconduct by 761 
 
 unauthorized expenditure by trustees, recovery'of . . . '. 761 
 
 Population required for school district 70 ,r 
 
 Principal of school ' '. 759 
 
 duties of „gQ 
 
 Privies to be provided \ y.r 
 
 Programmes of study, Council of Public Instruction to prescribe.'.'. 733 
 
 Promotions to be made yt-g 
 
 Public Instruction, Council of. See 'council of Public Imtruction. 732 
 
 Pupils, objectionable, may be suspended or expelled 746 
 
 Records to be kept by trustees 745 
 
 Religious instruction, provisions regarding 755 
 
 Repoits and returns, trustees to see that reports transmitted as prescribed 748 
 
 secretary to forward 747 
 
 treasurer to forward 747 
 
 teacher to assist in making. 759 
 
 Resignation of trustee 743 
 
 takes effect on election of successor 748 
 
 Returns yearly and half-yeaily 74g 
 
 School board 743-744 
 
 School districts, area of 735 
 
 education in, of children from adjacent district 760 
 
 formation of 735 
 
 petition for, contents 735 
 
 verification of 735 
 
 trustees a body corporate 743 
 
 public and separate 739 
 
 School furnishings, borrowing money for 750 
 
 School-house, borrowing money for 750 
 
 to repair, furnish, etc 750 
 
 School meetings. See Meetings of ratepayers. 740 
 
 School site, borrowing money for 750 
 
 School year, tetms 753 
 
 Seal 745 
 
 trustees to have corpoiate 745 
 
 procure. 745 
 
 Secretary of trustees, appointment of 744, 745 
 
 detaining school property 761 
 
 duties generally 746-747 
 
 minutes, copy to be sent by, to department 747 
 
 neglect of duty by 761 
 
 report of school to be sent by to department 747 
 
 secretary-treasurer, may be 744 
 
 teacher may be 744 
 
 trustee may be 744 
 
 Secretary-treasurer may be appointed 744 
 
 See Secretary-Treasury. 
 
 Security by treasurer 747 
 
 Separate school districts. See School District. 739 
 
 assessment in 750-751 
 
956 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Schools — Continued. 
 
 Separate school districts — Continued. 
 
 persons assessable in pubUc not assessable for separate school 740 
 
 provisions as to 739-740 
 
 See Assessment and taxation. 
 
 estabUshment of 739 
 
 petition for 739 
 
 verification of 739 
 
 persons quahfied tojvote on 739-740 
 
 rights and liabilities to be same as public district 740 
 
 Sheriff, duties and powers of on executions against school districts 752 
 
 Short title 732 
 
 Slates and books to be provided for needy children 746 
 
 Stabling accommodation may be provided 745 
 
 Standard of studies, council to define 733 
 
 Superintendent of, duties of 734 
 
 Teacher. See Teachers. 
 
 "assistant" , 759 
 
 duties of, how prescribed 760 
 
 change of to be reported by trustees to department 746 
 
 contract, form of 746, 757 
 
 copy to be sent department 746 
 
 duties, generally 758-759 
 
 engagement and dismissal of 757 
 
 neglect of duty by 761 
 
 "principal" and "assistants" 759 
 
 duties of 759-760 
 
 leport, of to be read at annual meeting 741 
 
 salary during sickness 758 
 
 payment of 767-758 
 
 interest on 758 
 
 secretary, may be 744 
 
 treasurer, may not be 744 
 
 trustee may not be , 761 
 
 trustees to engage 746 
 
 Teachers, training and certification. Council of Pubhc Instruction to regulate 732 
 
 suspension and cancellation of certificates 733 
 
 Teachers' associations 760 
 
 Council of Pubhc Instruction to regulate 732 
 
 organization of 760 
 
 teachers to attend 759 
 
 Tenants in common, assessment of 750 
 
 in separate school districts 750 
 
 Terms, school, half-yearly 753 
 
 Text books. Council of Pubhc Instruction to prescribe 733 
 
 "Treasurer" defined 753 
 
 Treasurer, accounts of, to be closed at end of each year 748 
 
 accounts to be certified before payment by 747 
 
 action by, against trustees for misappropriations 761 
 
 appointment of 745 
 
 bond to be given by 747 
 
 form 747 
 
Index. 957 
 
 The figures refer to the top paging. 
 
 Page. 
 Schools — Continued . 
 
 Treasurer — Continued . 
 
 books, inspection of 748 
 
 detaining school property 76i 
 
 duties of 747-748 
 
 execution against district, duties regarding 752 
 
 neglect of duty by ' 761 
 
 reports of 748 
 
 security to be given by 747 
 
 ststement of, to be read at annual meeting 742 
 
 contents of 742 
 
 teacher may not be 744 
 
 trustee may be 744 
 
 Truancy, complaints to be laid before J. P 757 
 
 provisions not to apply to children residing more than one mile from school 757 
 
 regulations to be approved by commissioner 756 
 
 trustees to see law enforced 746 
 
 may appoint truant officer 756 
 
 Ti'uant officer. See Truancy. 756 
 
 Trustees, chairman 744 
 
 corporation to be '^^ 
 
 declaration of office by • '^^^ 
 
 organization'of board '^° 
 
 chairman, appointment of '^^ 
 
 secretary, appointment of '*■* 
 
 who may be '** 
 
 treasurer, appointment of ^* 
 
 who may be ' 
 
 teacher not to be '^ 
 
 meetings, how called 
 
 notice of 
 
 board may waive notice 
 
 regular meetings resolution as to ' 
 
 to state time and place ' 
 
 consent to re-election necessary 
 
 not to benefit by contract with board ^^^ 
 
 penalty for ^^^ 
 
 detaining school property ^^g 
 
 disqualification of. 745-746 
 
 duties oi generally 
 
 WHEN DAWSON ERECTED INTO SCHOOL DISTRICT. 
 
 election of, when Dawson erected into school district 735, 738 
 
 date of after first ^gg 
 
 first election of 735 
 
 five to be elected 735 
 
 returning officer to be appointed ■ ^gy 
 
 instructions to be posted by ^^^ 
 
 notice by returning officer • 737 
 
 when to be posted , ^g^ 
 
 voters fist to be prepared 
 
958 Index. 
 
 The figures refer to the top paging. 
 
 WHEN DAWSON ERECTED INTO SCHOOL DISTRICT— Concluded. 
 
 Page. 
 Schools — Continued. 
 
 Trustees-^Continued . 
 
 qualification of voters 735 
 
 collector of taxes to prepare list 735 
 
 nomination of candidates for election 736 
 
 qualification of 736 
 
 deputy returning officer, election of 736 
 
 polling place, provisions as to 736 
 
 opening and closing of poU 736 
 
 ballot papers, provisions for 736 
 
 form of 762-763 
 
 returning officer to initial 736 
 
 certain not to be counted 737 
 
 poll clerk, duties of 736 
 
 candidate may be represented by agent 736 
 
 closing of poU, time for, proceedings after 737 
 
 deputy returning officer to certify 737 
 
 oath of voter, where objections made 737 
 
 meetings of 738-739 
 
 absence of chairman, provision 741 
 
 calling r 740 
 
 chairman 740-741 
 
 election of officers for 744 
 
 notice to be given 744 
 
 how waived 744 
 
 quorum 744 
 
 special, secretary to call 743 
 
 votes at, chairman may vote 745 
 
 equality, motion negatived 745 
 
 meetings of ratepayers to be called by 740 
 
 neglect of duty by 761 
 
 non-attendance at meetings, vacation of office by ■. .-^ 749 
 
 non-residence, vacation of office by 749 
 
 reports to be submitted by 745-746 
 
 nomination of 736 
 
 quahfication of 736 
 
 resignation of 748 
 
 rights and obligations generally 745-746 
 
 secretary of 746-747 
 
 treasurer 747-748 
 
 vacancies in board, filling 749 
 
 vacation of office by non-attendance at meetings or non-residence 749 
 
 contract with board, etc 749 
 
 resignation 748 
 
 Separate and pubhc districts 739 
 
 Vacation and hohday 754 
 
 Ventilation of schools 745 
 
 Voters list 735 
 
 Water to be provided in schools 745 
 
 Year, school 753 
 
Index. ggg 
 
 The figures refer to the top paging. 
 
 Servants, Masters, and ^^^®' 
 
 See Masters and Servants. 651 
 
 Sheep and other Animals, protectian of 7g4 
 
 Animals to which ordinance applies ' 7g4 
 
 Dogs, protection from y„. 
 
 chasing animals, killing of yg^. 
 
 owners of liable ya^ 
 
 possession of <yqa 
 
 penalties ^g^ 
 
 Sheriffs and Deputy Sheriffs. 
 
 Office hours 7g5 
 
 Fee-book to be kept 765 
 
 Annual statement under oath, to be returned to commissioner 765 
 
 Books to be kept open to public inspection 765 
 
 BaiUff, liabiUty of 768 
 
 Seal of office 766 
 
 Books and seal to be supphed out of general revenue fund 766 
 
 Books, records, etc., to be property of government 766 
 
 disposition in case of vacancy of office 766 
 
 penalty for refusing to give up possession 766 
 
 ex-sheriff to have access to 766 
 
 Constables, liabiUty of 768 
 
 Vacancy in office pending execution of writ 766-767 
 
 after sale of lands but before transfer 766 
 
 before sale of lands 767 
 
 Misfeasance or default of sheriff, liability ot sureties 767 
 
 sheriff to be joint defendant 767 
 
 action on security. 767 
 
 surety's liability limited 767 
 
 when surety discharged from MabiHty 767 
 
 stay of proceedings against surety 767 
 
 levy under judgment upon security 767 
 
 to be on sheriff's goods first 768 
 
 sheriff hable until successor takes office 768 
 
 Sheriff, etc., may not purchase at execution sales 768 
 
 Liability of bailiff or constable for misconduct in execution of writ 768 
 
 Custody of writs, processes, etc 768 
 
 to be restored to sheriff upon demand 768 
 
 enforcement of restoration 768-769 
 
 Deputy to act in case of death, resignation or removal of sheriff 769 
 
 Security to be given by sheriff 769 
 
 copy to be filed in office of Territorial secretary 769 
 
 may be sued upon 769 
 
 certified copy prima facie evidence 769 
 
 Oaths of office and allegiance to be taken by deputy sheriffs 770 
 
 filed with Territorial secretary 770 
 
 Deputy sheriffs, appointment 770 
 
 oath of office 770 
 
 powers and duties 770 
 
 books to be kept as kept by sheriff 770 
 
960 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Sheriffs and Deputy Sheriffs — Continued. 
 Deputy sheriffs — Continued. 
 
 seal to be a duplicate of sheriff's seal 770 
 
 security to be given 770 
 
 may be proceeded upon 770 
 
 responsibility of sheriff for deputy ceases after security given 770 
 
 Prohibition from practice as solicitor, while holding office 770 
 
 Oath of office 771 
 
 Slander. 
 
 Slander of females 772 
 
 allegation or proof of special damage not necessary 772 
 
 Slaughter Houses 773 
 
 Animals to be kUled at licensed slaughter houses 774 
 
 Fees 775-776 
 
 Hunters, ordinance not to apply to 775 
 
 Inspectors, commissioner may appoint 775 
 
 fix salaries and prescribe duties 775 
 
 duties of 774r-775 
 
 may require assistance of constable 775 
 
 to have Hen 775 
 
 to mark meat 774 
 
 Interpretation 773 
 
 " Animals " 773 
 
 " Person " 773 
 
 "Salughter house " 773 
 
 License, how obtained 773 
 
 to expire December 31 773 
 
 fee 773 
 
 Lien, inspector and slaughter house to have 775 
 
 Meat not to be sold unless killed in slaughter house 774 
 
 to be killed 10 hours before sale 774 
 
 Medical health officer to inspect untU inspectors appointed 775 
 
 Offal to be burnt 774 
 
 Ordinance not to apply to hunters 775 
 
 Penalties 775-776 
 
 Short title 773 
 
 Slaughter houses, number may be limited 775-776 
 
 if number limited tariff to be fixed 776 
 
 penalty for slaughtering in any other place 776 
 
 to be kept clean 774 
 
 to have Hen 775 
 
 under control of commissioner in council 774 
 
 Societies, Benevolent and other 777 
 
 See Benevolent and other Societies. 
 
 Solemnization of Marriage 646 
 
 See Marriages, Solemnization of. 
 
 Standard time 6 
 
 reference to g 
 
Index. g«j 
 
 The figui-es refer to the top paging. 
 Steam Boilers, Inspection of ^^^®' 
 
 Streams. Pollution of ^'' ^''"''*' ^*«^™- ^^ 
 
 See Pollution of Running Streams. 698 
 
 Succession Duties „„„ 
 
 • 7S2 
 
 Administrator, payment by »„„ 
 
 power to sell -ag 
 
 Statement by _.„ 
 
 Appeal from appraisement ^oi 
 
 decision on final yg. 
 
 Application of ordinance ygo 
 
 Assessment by Treasm-er in difficult cases 7g5 
 
 Bequest in lieu of compensation 704. 
 
 Commutation of duty yog 
 
 Compensation fixed by judge 784. 
 
 Costs 7gQ 
 
 Default, appearance ordered 786 
 
 Difficulty in valuation 785 
 
 Discharge inoperative where fraud 785 
 
 Distribution, duty payable before 785-786 
 
 Duty, scale of 782-783 
 
 pro rata 783 
 
 payment by executor, etc 786 
 
 when payable 785 
 
 .before distribution 785-786 
 
 refund allowed 786 
 
 interest chargeable 785 
 
 Estate for life 784 
 
 for years 784 
 
 Executor, compensation 784 
 
 power to sell 786 
 
 statement by 783 
 
 Exemptions 782 
 
 Extension of time 785 
 
 Facts, failure to disclose 785 
 
 Fraud ''85 
 
 Half duty when near relatives '°^ 
 
 Interest "^^^ 
 
 Interpretation 
 
 " Property " '^^2 
 
 " Value " '^82 
 
 78fi 
 
 Legatees, refund to 
 
 Letters, statement before issue of '^^ 
 
 Notice by public administrator '°^ 
 
 treasurer 
 
 Payment ^^5 
 
 extension of time for '°^ 
 
 by executors, etc 786 
 
 before distribution 785-786 
 
 70263—61 
 
962 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Succession Duties— Continued. 
 
 Possession 784 
 
 Property subject 782-783 
 
 Public administrator 783 
 
 valuation by 783 
 
 notice by 783 
 
 payment of 783 
 
 statement by 783 
 
 Regulations, commissioner to make 786 
 
 Sale, by executors, etc 786 
 
 Scale, of duty 782-783 
 
 Short title 782 
 
 Statement, before letters 783 
 
 commissioner may order 783 
 
 public administrator to make 783 
 
 imsatisfactory '. 783 
 
 Time, extension of 785 
 
 Transfer before death 782 
 
 Treasurer, notice by 784 
 
 payment to 786 
 
 valuation by 784 
 
 Trustees, compensation 786 
 
 power to sell 786 
 
 Valuation 
 
 administrator to file 783 
 
 executor to file 783 
 
 fixing by treasurer ' . . . 784 
 
 interest on 784 
 
 public administrator, by 783 
 
 Surgeons 
 
 See Medicine and Surgery. 657 
 
 Tenancy in common 788 
 
 Land held by two or more unless contrary intention expressed 788 
 
 Territorial Secretary 
 
 See Public Service. 706 
 Territorial Treasurer 
 
 See Public Service. 706 
 Time. 
 
 Official time-keepei 789 
 
 Duties of 789 
 
 Standard 6 
 
 Towns 790 
 
 Affidavits, who may swear 799 
 
 Animals running at large 797 
 
 Assessment and taxation , 794 
 
 Audit of overseer's books '. 798 
 
 Boundaries, alteration of 799 
 
 Debt, incurring .• 795 
 
 Disease, provisions as to 797 
 
Index. 963 
 
 The figures refer to the top paging. 
 
 Page.- 
 Towns — Continued. 
 
 Dog tax 79f 
 
 Establishment of 790 
 
 Fire, provisions as to 798 
 
 Firearms not to be discharged 799 
 
 Hawkers and peddlers 794 
 
 Interpretation 790 
 
 Meetings, annual 793 
 
 procedure at ' 793 
 
 special 794 
 
 Notices, publication of 793, 794, 799 
 
 Overseer, election of, proceedings on 790, 791, 792 
 
 bond by _ . 791 
 
 term of office 792 
 
 removal from office , 792 
 
 procedture where election or sufiiciency of bond questioned 792 
 
 expenditure by 794 
 
 Annual statement of 793 
 
 report 796 
 
 duties and powers of 796 
 
 Remuneration of 798 
 
 penalties against 799 
 
 Real estate of town, how held 799 
 
 Regulations as to disease and fire 797-798 
 
 Revenue, how raised 794 
 
 Short title 790 
 
 Suits by or against 795 
 
 Taxation , 794 
 
 Voter, qualification of 791 
 
 Trespassers on Public Property 802 
 
 Removal of from public property 802 
 
 Sheriff may eject persons 802 
 
 No action against sheriff for removal 802 
 
 Other persons to assist - 802 
 
 Vital Statistics 61 
 
 Administration of ordinance 61 
 
 Appointment of registrar 61 
 
 termination of, forms, etc., to be handed to successor 61 
 
 Births, report of within a month to registrar, by whom 62 
 
 particulars to be furnished 62 
 
 illegitimate children ^ 62 
 
 name of child, alteration in within two years 62 
 
 Burials, to be reported to registrar by cemetery caretaker, etc 64 
 
 Clergyman, minister, etc., to report marriages 62 
 
 forms of reports to be suppUed to 63 
 
 officiating at burial to report to registrar within a month 63 
 
 Cemeteries, caretaker of, etc., to report burial 64 
 
 Certificate of registration of death, registrar to give , 63 
 
 70263—611 
 
964 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Vital Statistics — Continued. 
 
 Certified extract from return, to be given 65 
 
 fee for 65 
 
 the department after transmission of return 65 
 
 fee for 65 
 
 coroner entitled to without fee 65 
 
 Coroner entitled to searches and certified extracts free of charge 65 
 
 " Department " defined 61 
 
 Deaths, who shall report to registrar 63 
 
 particulars required 63 
 
 certificate of registration to be given by registrar 63 
 
 clergyman, etc., performing funeral service to report to registrar 63 
 
 doctor to forward to registrar certificate of cause of death 63 
 
 cemetery caretaker, etc., to report to registrar 64 
 
 Doctor to report cause of death 63 
 
 to be supplied with forms , 63 
 
 Errors in registration, correction of 64 
 
 Forms to be suppUed to registrar on application 61 
 
 expense of providing and distributing to be paid out of general revenue fund. 61 
 
 in hands of registrar to be handed over to successor 61 
 
 registration of birth 62 
 
 registration of marriage 62 
 
 logistration of death 63 
 
 certificate of 70 
 
 cause of death 70 
 
 Interpretation , 61 
 
 " Department," meaning of 61 
 
 " Head of department," meaning of 61 
 
 " Occupiers," meaning of 61 
 
 Marriage, report of to registrar 62-63 
 
 particulars to be fm-nished in 63 
 
 forms of, registrar to furnish on demand 63 
 
 Name of child, change of within two years 62 
 
 " Occupier " defined 61 
 
 Orders, rules and regulations, the commissioner may make 65 
 
 Penalty for omission to report to registrar 64 
 
 making false statement 65 
 
 Prosecution for omission to report to registrar 65 
 
 place of offence under Ordinance, etc 65 
 
 Registrar, appointment of 61 
 
 to be supplied with forms on application 61 
 
 monthly returns by, to department 62 
 
 fees 62 
 
 to give certificate of registration of death 63 
 
 Registration divisions, estabUshment of ■ 61 
 
 of births 62 
 
 ilUgitimate children 62 
 
 marriages 62 
 
 deaths 63 
 
 penalty for default in 64 
 
 errors in, correction of 64 
 
Index. 9g5 
 
 The figures refer to the top paging. 
 
 Vital Statistics— Continued. ^^^^" 
 Registration — Continued . 
 
 provisions for late „ . 
 
 Returns, registrars to forward by registered mail g4 
 
 arrangement, indexing and custody of g5 
 
 search, fee for „. 
 
 , . , 00 
 
 by coroner without fee gg 
 
 certified extracts from, fee for eg 
 
 coroner to be furnished without fee 65 
 
 as evidence gg 
 
 Rules, orders and regulations, commissioner may make 65 
 
 Search of returns to be allowed, certified extracts furnished 65 
 
 Short title gj 
 
 Territorial secretary to administer ordinance 61 
 
 Voters lists See Elections. . . 295 
 
 Wife and Children, Insurance for Benefit of 
 
 See Insurance for Benefit of Wife and Children. 406 
 
 Witnesses and Evidence 
 
 See Evidence. . . 343 
 
 Admissions, proof by 350 
 
 Adverse witness 351 
 
 Affidavits 352 
 
 abroad 352-353 
 
 Affirmation 352 
 
 abroad 352-353 
 
 form of 352 
 
 Appointment by Governor General 343 
 
 by Governor in Council 343 
 
 Lieutenant Governor 344 
 
 Lieutenant Governor in Council 344 
 
 Attendance of witnesses -. 351 
 
 before commission 354 
 
 Attesting witness ^^"' 
 
 proof by 350 
 
 Bills of sale, etc 
 
 in Gold Commissioner's office 349 
 
 out of Territory ^54 
 
 345 
 British Colonies 
 
 proclamations ''J' 
 
 treaties 
 
 British Colonial statutes 
 
 British possessions, proof of documents 
 
 Canada Gazette, official and other notices 
 
 documents „ 
 
 Colonial and British Statutes „, . 
 
 Commission to take evidence — .j „, . 
 
 attendance of witnesses 
 
 Communication by husband or wife „,_ 
 
 Comparison of disputed writing with genuine 
 
966 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Witnesses and Evidence — •Continued. 
 
 Compellable witnesses 350 
 
 Competency of witnesses 350 
 
 Conviction, proof of former 352 
 
 Copies, official documents, plans, etc 345 
 
 Corroboration of representative of deceased 350 
 
 Court, document filed in 346 
 
 proceedings or record of 346 
 
 Credibility of witness 351 
 
 Crime, proof of conviction 352 
 
 Cross-examination, former statement 351 
 
 denial former statement 351 
 
 denial written statement 351 
 
 Crown grants, plans, etc 347 
 
 Documents, official and other in Gazette 345 
 
 admissible in England , 347 
 
 Ireland 347 
 
 filed in Land Titles office 348 
 
 proof official signature 353 
 
 executed out of Territory 349 
 
 Deeds, etc., filed in Land Titles office 348 
 
 executed out of Territory 349 
 
 notice of production of copy 347-348 
 
 Declarations, under Imperial Act 354 
 
 Denial, former statement .• 351 
 
 written statement 351 
 
 England, documents admissible in 347 
 
 Fees must be tendered to witness 351 
 
 Foreign States, proclamation, treaties, etc 345 
 
 Former conviction 352 
 
 statement 351 
 
 written statement 351 
 
 Gazette, Canada, notices and documents 345 
 
 Yukon, notices and documents 345 
 
 Gold Commissioner's office, registration at 349 
 
 Governor General, appointments, orders, proclamations or regulations by 343 
 
 Governor in Council, appointments, orders, proclamations or regulations by 344 
 
 Grant or patent from Crown, certified copy 348 
 
 Handwriting of official - 350 
 
 Husband, action by ^ 350 
 
 communication by 351 
 
 not compellable 351 
 
 Impeachment of credibility 351 
 
 Imperial Act, declaration under 354 
 
 proclamations, treaties, etc 343 
 
 Interpretation 343 
 
 "commissioner". 343 
 
 "court" 343 
 
 "witnesses" 343 
 
 Ireland, documents, admissible in * 347 
 
 Judgment 346 
 
Index 967 
 
 The figures refer to the top paging. 
 
 Witnesses and Evidence— Continued. 
 Judgment — Continued . 
 
 copy order for 3g4 
 
 entry of 34g 
 
 Land titles office, registration in 34.9 
 
 Lieutenant Governor, appointments, orders, proclamations or regulations by 344 
 
 Lieutenant Governor in Council, appointments, etc 344 
 
 Notary, certificate by 349 
 
 Notice of intention to produce plans, etc 347-348 
 
 copy of will, deed, etc 348 
 
 Notices, official and others 345 
 
 Oaths, person objecting 352 
 
 Oaths abroad 352 
 
 Offence, person charged with 350-351 
 
 Official documents'. 345 
 
 Official position, proof of 350 
 
 Official signature, proof of 353 
 
 Order in Council, Imperial, etc 343 
 
 Parties to actions and their husbands and wives 350 
 
 Patent from Crown 347 
 
 Plans, copies, etc 345 
 
 notice of production 347-348 
 
 Proclamations, etc 343-344 
 
 Proceedings of court 346 
 
 PubUc documents 343-344 
 
 Protest of note, etc 349 
 
 ' Records of court 346 
 
 Registration, Land Titles office 349 
 
 Gold Commissioner's office 349 
 
 Secretary of State, order signed by 344 
 
 Ships titles, British vessels 346-347 
 
 Short title ^^^ 
 
 Statutes, British or Colonial ^™ 
 
 Telegraphic messages ^ 
 
 Territorial secretary, order signed by q^c oa7 
 
 Titles, British ships 347 
 
 Town sites, plans, etc ; ._ 
 
 Xreatries ' ^aa— qj.7 
 
 Vessels, British or Colonial, titles of 
 
 Yukon Gazette o^n 
 
 Wife, action by 32^ 
 
 communication by 'iV)-'i5V 
 
 not compellable 34g 
 
 WiUs, probate or copy of ■ 34g 
 
 proved outside of Territory gg^ 
 
 Witnesses, attendance before commission ^^ 
 
 compellable 35j^ 
 
 fees payable before attendance ^^ 
 
 not compellable.' 35Q 
 
 Writing, comparison of with genuine: 
 
968 Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Woodman's Lien. 
 
 Accounts, judge to take 58^ 
 
 Adding parties 585, 590 
 
 Additional claims, seizure for 585 
 
 Affidavit establishing lien 588 
 
 form of : 584 
 
 sworn before whom 591 
 
 Assignment of lien .' 591 
 
 Attachment 586 
 
 additional claims 586 
 
 after suit 586 
 
 appearance 587 
 
 application for 586 
 
 concurrent writ 587 
 
 form of , 586 
 
 in first instance 586 
 
 insufficient seizure , 586 
 
 issue of 586 
 
 joint claimants 591 
 
 practice 586 
 
 requirements on 586 
 
 sale under '. 589 
 
 seizure 586 
 
 service of writ 587 
 
 summons to appear 587 
 
 time for 586 
 
 Bond for release of logs 588 
 
 Chambers, motions in 586 
 
 Claim of lien 584 
 
 assignment of , 591 
 
 affidavit for ,. 689 
 
 costs, fixing of 589 
 
 determining ^ 588 
 
 filing of 584^585 
 
 form of 584 
 
 joining claimants " 591 
 
 priority, determining 588-589 
 
 time for filing. 585 
 
 Claimants, attendance on examination : 589 
 
 examination of 588-589 
 
 joining 691 
 
 Concurrent writ of attachment j 687 
 
 ConsoUdation of suits by defendant , 591 
 
 failure to consolidate 591 
 
 Costs, scale of 590 
 
 fixing of 589 
 
 Default, judgment on 588 
 
 sale on 689 
 
 Defendants, consolidation by 591 
 
 Discharge of lien 590 
 
Index 969 
 
 The figures refer to the top paging. 
 
 Page. 
 Woodman's Lien — Continued. 
 
 Dispute, filing of , ggg 
 
 time for ggg 
 
 Examination of claimants 588-589 
 
 proceedings on 588-589 
 
 Execution, for balance 590 
 
 sale under 585 
 
 seizure under ■ ' 586 
 
 when no attachment , 585 
 
 Forms 
 
 aflBldavit 584 
 
 claim of lien 584 
 
 judge may prescribe 586 
 
 Inquiry by judge 589 
 
 Interpretation 584 
 
 " Labor " 584 
 
 " Logs " 584 
 
 " Services " 584 
 
 " Timber " 1 , ,• • • ■ 584 
 
 Joining claimants , ' 691 
 
 Judge, powers of 585, 589 
 
 Judgment 685, 590 
 
 amount of 688 
 
 default 688 
 
 setting aside 685 
 
 Liability, judge to fix 689 
 
 Lien, affidavit verifying : • • ■ ■ ; 5^*' ^^^ 
 
 filing°f Z 
 
 form of ^°* 
 
 particulars of 
 
 proceedings to enforce 
 
 ... OQ^i OOct 
 
 priorities ,_. 
 
 sale of property does not affect 
 
 r £1- 585 
 
 time for fihng ,„_ 
 
 vacating. .' ,„_ 
 
 Logs in transit -ga 
 
 Motions in chambers , ' ggw 
 
 Notice of seizure in transit ^gg 
 
 Particulars, order for qqq 
 
 Parties, judge may add 588-589 
 
 Paj^ent into court ggg 
 
 Payment out of court ggg 
 
 Pleadings ■ 585 
 
 Practice 589 
 
 Priority, judge to determine 585 
 
 Proceedings, amendment of • ' ' ' ' ggO 
 
 dismissal of g85 
 
 Proceedings to enforce hen ' ' ggi 
 
 Procedure 586 
 
 Release of logs 588 
 
 on fihng bond 
 
970 ■ Index. 
 
 The figures refer to the top paging. 
 
 Page. 
 Woodtnan's Lien — Continued. 
 Release of logs — Continued. 
 
 payment into court 588-589 
 
 Remedies, not affected by hen 590 
 
 Rules, judge may prescribe 586 
 
 Sale, under attachenint 589 
 
 proceedings on , . 589 
 
 on default 589 
 
 order for 589 
 
 under execution 585 
 
 proceeds,, apportionment of : 589 
 
 surplus, application of 590 
 
 Sale by owners not to affect hen 585 
 
 Seizure of logs in transit 587 
 
 insufficient 586 
 
 second i 586 
 
 Service of writs 
 
 direction for ., 587 
 
 defence when no service 587 
 
 mode of 587 
 
 Setting aside attachment, etc '. 586 
 
 Short title 584 
 
 Sorting of logs 587 
 
 Siunmary hearing 586 
 
 Tariff of costs 590 
 
 Time for filing hen , 585 
 
 Transit, logs in 587 
 
 Vacating hen , 588 
 
 Writ of attachment 586 
 
 of summons 585 
 
 Yukon Council 
 
 Action, members not Uable to 271 
 
 not liable for words spoken in Council 271 
 
 not liable to arrest or detention in civil matters during session, etc. 271 
 
 to be stayed on production of journals 274 
 
 when publication bona fide, verdict for defendant ^ 274 
 
 Action against Yukon Council 275 
 
 service of process in 275 
 
 in absence of commissioner 275 
 
 not to be brought without written consent of Commissioner *. 275 
 
 petition for consent necessary 275 
 
 Arrest, members not hable for words spoken in Council 271 
 
 not liable in civil matters during session of Council, etc 271 
 
 Barrister partner of member not to accept fee for promoting Bills 273 
 
 penalty for 274 
 
 recovery of 274 
 
 " Bonanza " (District of) boundaries 276 
 
 Breach of ordinance, penalty for 273 
 
 Council, powers of 272 
 
 may make rules for its government 272 
 
 may punish members for disorderly conduct, etc 272 
 
Index Qi^i 
 
 The figures refer to the top paging. 
 
 Yukon Council— Continued. ^^S®" 
 Council — Continued . 
 
 force and effect of rules of " 
 
 to be a coiu-t of record 
 
 decision to be final \\ 
 
 may sue and be sued, etc ' * 075 
 
 consent of commissioner required before action ^ ^ ^ 275 
 
 Court of record, Council to be 273 
 
 powers and duration of " 073 
 
 warrant of commitment by 070 
 
 contents of 073 
 
 procedure, rules of 073 
 
 Damages, no one liable in for act done under warrant of Council 272 
 
 Electoral Districts 275-277 
 
 "North Dawson" ' " 275 
 
 "South Dawson" 275 
 
 "Klondike" '..'.'............... 276 
 
 "Bonanza"' ' 276 
 
 "Whitehorse" 277 
 
 Election petition, resignation not permitted pending 270 
 
 Indemnity to members 270 
 
 deduction when absent 270 
 
 Council may waive 271 
 
 when payable 270 
 
 Independence of members 273 
 
 Journals, copy of •prima facia evidence in certain cases 274 
 
 action stayed on production of 274 
 
 evidence 274 
 
 Jurors, certain persons exempt from serving as during session 271 
 
 "Klondike" (District of) boundaries 276 
 
 Member, not to accept reward for promoting Bills, etc 273 
 
 penalty for violation 274 
 
 recovery of 274 
 
 " North Dawson," boundaries of 275 
 
 Officers of the Council, immunity of 274 
 
 persons assisting 274 
 
 Penalty for breach of ordinance 273 
 
 Privileges same as exercised by House of Commons and committees 271 
 
 Representation ^"^ 
 
 Besignation of members 269 
 
 mode of 269 
 
 not allowed pending election petition 270 
 
 not to affect any proceedings 270 
 
 Rules, Council may establish 
 
 force and effect of 
 
 Service of process in action against Council 
 
 Solicitor, partner of member not to accept fee for promoting Bills 273 
 
 274 
 penalty for 
 
 recovery of 
 
 "South Dawson," boimdaries of 
 
 270 
 Travelling expenses of members 
 
972 Index. 
 
 The figures rfefer to the top paging. 
 
 Page. 
 Yukon Council — Continued. 
 
 Vacancy other than by resignation 269 
 
 notice of 26& 
 
 issue of writ to fill 269 
 
 voters lists in case of 269 
 
 certain persons not on list may vote 269-270 
 
 oath to be taken by 270 
 
 Violation of ordinance, what deemed to be 272-273 
 
 penalty for 273 
 
 Voters lists See Elections. 295 
 
 Warrant of Council, enforcement of 272 
 
 assistance may be commanded 272 
 
 penalty for refusing to assist 272 
 
 "Whitehorse," Electoral District 277 
 
 Witnesses, Council may compel attendance of 271 
 
 examination of on oath 271 
 
 subpoena to issue 271 
 
 warrant to issue 271 
 
 production of papers may be ordered -. 271 
 
 who may administer oath to 271 
 
 Yukon Act Pages xiv-xxxviii. 
 
 Figures refer to sections. Section. 
 
 Accounts, disputed 66 
 
 Administration of Government 5 
 
 Annuity for certain judges 46 (g) 
 
 Appeal from Territorial Court 46 
 
 jurisdiction of court 46 (3") 
 
 notice of 46 (4) 
 
 stay of judgment 46 (5) 
 
 quorum for hearing 46 (6) 
 
 procedure upon , 46 (7) 
 
 rules, making of 46 (8) 
 
 To Supreme Court of Canada 46 (9) 
 
 Boundaries of Territory 3 
 
 Civil Justice. 
 
 accounts disputed , 56, 57 
 
 appeal from Territorial Court : 46 
 
 appeal from judgment of police magistrate 100 
 
 controverted elections 46 (b) 
 
 gambling debts- 59 
 
 judge, appointment of, pro hoc, vice 46 (d) 
 
 temporary 46 (c)' 
 
 power of 46 (a) 
 
 temporary to be sworn 46 (e) 
 
 conclusion of trial, etc., after expiry of term.. . i 46 (f) 
 
 judgment, orders, etc 58 
 
 execution of 61 
 
 rendering of 60 
 
Index 973 
 
 Figures refer to sections. Section. 
 Yukon Act— Continued. 
 
 Civil Justice — Continued. 
 
 jurisdiction, judge of 55 
 
 police magistrate, of , 95 
 
 jury, trial by 55 (2) 
 
 police magistrate, procedure before 101 
 
 repeal of provisions by Governor in Council 62 
 
 Commissioner of Yukon Territory 4 
 
 acting, in case of death of 6 
 
 Coroners, 106 
 
 fees of Ill 
 
 inquest by 107 
 
 jury, number of 109 
 
 prisoner dying in gaol 108 
 
 witnesses, fees of Ill 
 
 powers as to 110 
 
 Council, election of representative members of 9, 10 
 
 oaths of councillors 8 
 
 Court. See Territorial Court. 
 Criminal procedure. 
 
 appeal, poUce magistrate, from 103 
 
 summary conviction, from 104 
 
 territorial court, from ? 102, 103 
 
 charge in writing 81 
 
 committal for trial, notice of by gaoler 83 
 
 conviction for offence other than one charged 68 
 
 defence by counsel 69 
 
 evidence, notes of 69 
 
 judge, powers of single. See Territorial Court. 
 
 jury, challenging of 72 
 
 number of 67 
 
 qualification of 80 
 
 refusal to serve on 74 
 
 summoning and swearing of 71 
 
 tales 73 
 
 trial without, with consent of accused 66 
 
 Northwest Territories, procedure applies 63 
 
 prehminary investigation 82 
 
 repeal of provisions by Governor in Council 79 
 
 report to Minister of Justice in capital case 70 
 
 return of trial to commissioner 78 
 
 summary trial cases for 65 
 
 consent of accused to 66 
 
 time hmit for.- 88 
 
 witnesses, attendance of "° 
 
 bench warrants for '6 
 
 contempt by ' ' 
 
 Gambling debts ^^ 
 
 Gaols and lock-ups, confinement in, conditions of 85 
 
 disciphne of °' 
 
 disestablishment of 84 (2) 
 
 establishment of 84 
 
974 Index. 
 
 Figures refer to sections. Section. 
 Yukon Act — Continued. 
 
 Gaols and lock-ups— Continued. 
 
 mounted police guard-houses as 86 
 
 regulations as to 87 
 
 Government, administration of 5 
 
 Intoxicating liquor and intoxicants, definition of 2 (e, f) 
 
 importation of, customs and excise laws 
 
 applicable to 114 
 
 ■ permit for 114 
 
 manufacture of prohibited 113 
 
 Judgment. See Civil Justice. 
 Judges. See Civil Justice. 
 
 Judicial Districts, formation of 50 
 
 Jury, grand, not to be summoned -. 63 , (2) 
 
 trial by. See Civil Justice. 
 Criminal procedure. 
 
 Justices of the Peace 105 
 
 Laws, Canada, of, application of 20, 21 
 
 continued in force 19 
 
 Legislative powers. See Ordinances. 
 Lock-up. See Gaols and lock-ups. 
 
 Married woman, bank deposits by 31, 32 
 
 debts of 33 
 
 earnings of 30 
 
 personal property of 30 , 
 
 suits by or against 34, 35 
 
 Ordinances, Commissioner in Council, by 10, 11, 12, 14, 101 
 
 disallowance of by Governor in Council 15 (1) 
 
 enforcement of 112 
 
 limitation of power to make 13 
 
 Parliament, laid before 15 (2) 
 
 Governor in Council, by 16 
 
 approval of, by Parliament 17 
 
 enforcement of 112 
 
 ParUament, approval by 112 
 
 laid before 18 (2) 
 
 Police Commissioners, appointment of 105 
 
 Police Magistrates. 
 
 appeal from, civU cases 100 
 
 criminal cases 103 
 
 appointment of 89 
 
 judges of Territorial court as 98, 99 
 
 jurisdiction of, cases outside of , 97 
 
 civil cases, in 95 
 
 replevin, in cases of 96 
 
 justices are ex-officio ^ . . 93 
 
 living allowances to 91 (2) 
 
 procedure 101 
 
 qualification of 92 
 
 replevin, jurisdiction in cases of 96 
 
 salaries of 91 
 
 summary trial by^ 94 
 
 tenure of office of 90 
 
Index. 975 
 
 Figures refer (o sections. 
 
 Section. 
 Yukon Act — Continued. 
 
 Summary trial, cases for 65 
 
 consent of accused, by , 66 
 
 magistrate for 94 
 
 time limit for ; 88 
 
 Temporary judge — See civil justice. 
 
 Territorial Court, appeal to, in civil cases 100 
 
 certiorari 52 
 
 constitution of 36 
 
 council, judge may be member of 38 
 
 districts, judicial formation of 50 
 
 en banc 46, 47, 48 
 
 jurisdiction of : 39, 45, 98 
 
 oath of office of 42 
 
 officers of 43 
 
 powers of court ^. 44 
 
 single judge 51, 52, 53 
 
 criminal cases, in 64, 98, 99 
 
 qualification of judges 3' 
 
 residence of judges • 40 
 
 rules of court °^ 
 
 sittings of 
 
 tenure of office of judges of 41 
 
 Territory, boundaries of 
 
 constitution of 
 
 Wills, capacity to make ^g 
 
 construction of ' „ 
 
 form of 27 
 
 revocation of „~ 
 
 witnesses to, bequests to 
 
 executor may be 
 
 incompetent, not to invalidate will 
 
 Witnesses. See Criminal Procedure. 
 Woman. See Married Woman.