Yukon Ordinances, 1916 — Ordinance respecting Amend Chapter 18 of the ConBolidated Ordinances, 1; Land Titles Act

Yukon Ord. 1916

Yukon — Historical Statutes

ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1916 GEORGE BLACK, COMMISSIONER Printed and Published for the Govemm.:nt of the Yukon Territory Under Authority of Chaptu 4 of the Ordin&Jlces of J 904. BY ~ A . P . BNGBLHARDT. KI ..... Printer ~~=I

ORDINANCES OF THE YUKON TfRRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1916 GEORGE BLACK, COMMISSIONER "'1 Printed and Published for the Goveram.rot of the Yukon Territory Under Authority of

Chapter 4 of the Ordinances of 1904. BY A. P. BNGBLHARDT. 10 .... Prlnte.

TABLE OF CONTENTS Cbap. Page. 1. An Ordinance ReBpecting. ASBignment for the Benefit of CreditorB ............................................... . 1 2. An Ordinance to Amend

Chapter 18 of the ConBolidated Ordinances, 1914, being" The Companies Ordinance" 29 3. An Ordinance t.() Amend the .Juni0Rture ()rrlinl\n~e ....... . 30 t. An Ordinance to Amend the Liquor License Ordinance 31 5. An Ordinance to Provide for a Plebiscite on the Question of Prohibiting the Bale, Importation and Manufacture of Intoxicating Liquor in the Yukon Territory........ 33 6. An Ordinance for Granting the CommiBsioner Certain SumB of Money to Defray the Expenses of the Public Service of the Yukon Territory ...................... 47

CHAPTER 1 AN OHDIXASCE HESPEC'rrNG ASSIGNMEN'L'S FOH 'fHE BENEFI'L' OF CItEDITORS, [.-1~scnt('d to .]I/IW .'28th, l!J.W,] The COlllmissioner of the Yukon 'I'el'l'itor}" by an'{l with' the advice U1Hl ('onspnt 'Of the nOllncil of the saifl 'l't'rl'itOl'Y, enads as follow:-: 1.

This (ll'fliuallt'c lIlay l,e eitcfl as the" UI'editol's' Short tltle. '1'l'l1l';t I )eeds (}rdiIHlllcP," I.'\'J'EUI'I{I~T,-\TIO.'\, ;) III th is Ordinance, unless the cou text otherwise reqnil'e~, t.he expression .. assign went uuder this Ol'din aBet'" llIeamj all,)" Hssig-l1l11ellt of pl'opel'ty made by a 11ehbl' fol' the benetit of his cl'euitors genenllly aud not 111<\(1(' lln<Iel' th.e anthOl'ity of an~' Ad of the Parliament of Callalla \'f'spl'etinJ.!," bankrllptcy 01' insolvency, 3, Evel',Y instrlllllcut executed after the 15th day of .Jnly, Ul1fl, whereby any property shall be expressed to bl~ l'om'p,)"l~d, assiglled, 01' othel'\\'ise transferred by any pl~I'i';oH tll an w~siJ.!,"nee· for' the purpose of paying' and satisfying rateably 01' proportionately,' and without pl'ef l'l'l'Ill'l' or priority, all the I:rerlitors of such person their just fll'lIts, shall he (leellll'fl to he and he a good; valid and Interpreta tion. ..

AssIgn ment under thIs Act." AssIgnment tor the benefit of cred I tors to be deemed valId It Its con",ruction and efl'ect accord wIth Its purpose.

Des~rlptlon of property. Dating assignment. Amendment of assign ment by Judge. Notice of assignment. 2 . ASSIGNMENT FOR BENEFIT OF CREDITORS. subsisting conveyance, if its constructions and effect shall accord with its expressed purpose and shall not be set aside or defeated on any account whatsoever except actual fraud, any statute Or law to the contrary notwith standing. 4.

Every assign men t under this Ordinance shall be valid and sufficient if it describes the property intended to be affected thereby in the words following, that is to say, "all my real and personal property, credits, and effeCts, which may be seized or sold or attached under execution, or attachment," 01' if it is in words to the like effect; and an assignment so expressed shall vest in the assignee all the real and personal estate, rights, property, credits and effects, whether vested 01' contingent, belong ing at the time of the assignment to the assignor, except such as are by law exempt from seizure or sale under execution 01' certificate or judgment, subject however, as regards lands, to the pl'ovisions of the Land Titles Act. 5.

No assignment under this Ordinance shall be dated after the execution thereof by the assignor. G.

No advantage shall. be taken ·01' gained by allY creditor of 01' by any mistake, defect, 01' imperfection ill any assignment under this Ordinance, if the same can be amended 01' c01'l'ected; and if there be any mistake, defect 01' imperfection therein, the same s~all be amended by any Judge of the :'ferritorial Court 01' Police Magis tt·ate on appiic·ation by the assignee, on such notice being given to other parties concerned as the Judge shall think l'easonable, and such amendment, when ma.de, shall have I'elation back of the date of said assignment, but no such l.unendment shall be made so as to prejudice the rights of any innocent purchaser. 7, No assignment under this Ordinance shall be within the operation of the "Bills of Sale Ordinance," but notice of the assignment shall be published by the assignee in one issne of the Gazette and in one issue of one ne,vspaper having a general circnlation in the dis trict in which such assignment is registered.

Such notice

ASSIGNMENT FOR BENEFIT OF CREDITORS. 3 shall be published in the regular issue of the Gazette and the said newspaper issued after ten days from the date of the assignment. Such notice shall contain the date of the assignment, the name, residence, and occupation of the assignor and assignee. 8.

(1) A counterpart of every such assignment shall also, within twenty-o"ne days from the 9-ate thereof, be registered in the office of the registration clerk in the district in which a bill of sale of the personal property 01' any part thereof so assigned should be registered under the "" Bills of Sale Ordinance,"" together with an affidavit of a witness thereto of the due execution of such assign ment; and SHch registration clerk shall file all such in strmnents presented to him for that purpose, and shall indorse thel'eon the time of receivin~ the same in his ( ffice, and the same shall be kept there for inspection by all persons interested therein.

The registration clerk shall number and enter such assignments, and shall collect the fees as if such assignments had heen registered under the" Bills of Sale Ordinance."

(2) Every such assignment made hy a company 01' extl·l.l-territorial company to which the H Companies' Ordinance" applies· li'hall in like manner l,:le: registere(1 i~ the office of the Registrar "of Joint Stock Companies~ AssIgnment to be registered. '"" AssIgnment by Company to be regtstered, 9. .If the said notice is not published in the regnlar Penalt)' agaInst number of the Gazette and in such newspaper as afore- asslgnor for .:] , h' h h 11 t·· I 1 . '\ I' tl "t ft "·t neglecting salt., W IC S a respec lVe y )e ISS ,lN 1'8" a er en publication days from the date of the" assignmentj 01' "it'. tl~;~". assi~n-' ~ron~E'~stra ment is not registered as aforesaid within twenti-onc~ , days from the execution thereof, the assi:;.,rnor shan" hp liable to a penalty of ten dollars for each and every day which shall pass after the issue of the number of the Gazette 01' newspaper in which the notice should have appeared until the same shall "have been published, ancI' a like penalty for each and every day which shall pass after the expiration of twenty-one days from the date of the assignment until the same shall have been re!,p~t~!'ed. 10.

The assignee shall be subject to the like penalty as in

SeCtion 9 hereinbefore provided fot, each and ever~' Penalty agaInst assIgnee for

neglecting pubIlcatlon or registra tion. Recovery of above mentioned penalties. Compelling publication and registra tlon. Assignment not Invali dated by omiH~ion to publish. Effect upon land of registration of assign ment. .As~Jgl1nlent to take precedence of judg ments. exe cutions and attachments against goo'l~. 4 ASSIGNMENT FOR BENEFl'f OF CREDI'fORS. day which shall pass after the expiration of twenty-onc days from the delivery of the assignment to him, or of twenty-one days after his assent thereto until the notice 'Of assignment is published and the assignment registered as aforesaid. , 11.

Such penalties may be recovered summarily before a Judge of the Territorial Court 01' a Police Court Magistrate of the district in which the notice of assign ment ought to be published 01' registered. One-half of the penalty shall go to the· party sning, and the other half for the benefit of the estate of the assignor. 12.

In case the assignment be not l'egistered aIld notice thereof pnblished, an application may be made, b.y anyone interested in the assig'nment, to a Judge of the Territorial Court 01' Police 'Magistrate to compel the publication apd registration thel'eof, and the Judge 01' Police )Iagistt'ate shall make his ol:der in that hehalf, ,yjth or without costs, 01' upon the payment of costs by sHch person as he may, in his discretion, (lirect to pay Ihe same. 13, 'rhe omission to publish 01' register as aforesaid, 0]' any irregularity in the publication or l'(~gistl'atioll, shall not invalidate the nssignmellt. 14.

(1) Evel'}, such assiglllllellt shall ue l'cgistel'ell ill any Land '1'itles Office, and when so registel'etl shall tal~e Pl'CCCdCllce of all cel'tificates of jmlgmcllt awl executions and attachments against land situate within the distL-ict of such. office not completely exeeuted hy payment, subjcct to a lien for the costs of such judgment crc<litUJ's; provided howevcr, that nothing herein shall disturh the pl'iol'itics of' judg"lllents reg-istered under the ,.

Land Titles Ad," l'l'iOl' to the 15th flay of July, 1!H(i. (:~) Evel',Y sllch assignlllent sll .. 11 take prccedenc(~ of all judglllents, of all executions against goods, aud of all attachments of debts not completely executed by pay ment,. suuject to a Jiell in favolll' of s11eh executiou ('J'('(lHol's for thl'iJ' posts.

ASSIGNMENT FOR BENEFIT OF CREDl'fOIlS. e5 15.

It shall be the duty of the assignee immediately to inform himself, by reference to the assignor and his records of accounts, 9f the names and residences of the assig"llor's creditors and within five days from the delivery of the assignment tt. him to convene a meeting of" the creditors for giving of directions with reference to the disposal of the estate, by mailing, prepaid and registered, to every creditor known to him, a circular calling a meeting of creditors to be held at some con· venient place to obe named in the notices, not later than twenty days after the mailing of such notice, and all (.ther l1leetin~s shall be called and held in a like manner. ° 16.

At any meeting of creditors a creditor may vote in person or· by proxy, authorized in writing, but no creditor whose vote is disputed shall be entitled to vote until he has filed with the assignee an affidavit or declar ation ~n proof of his claim, stating the amount and nature thereof. 17.

(1) Every person claiming to be entitled to r" n.k on the estate assigned shall furnish to he assignee particulars of his claim, proved by affidavit or declar ation, and such v'Ouchers as the nature of the case admits of.' A creditor proving his ciaim shall deduct therefrom all trade discounts, but he shall not be compelled to deduct any discount not exceeding five per centum on the net amount of his ciaim, which he may have agreed to all'Ow for payment in cash. (2) "Vi th regard to claims not bearing interest, creditors shall be ent~tled to add to such claims interest from the time the same were payable to the dat~ of the assignment at the legal i'ate. 18.

A pel'son whose claim has not accrued due shall nevertheless, be entitled to prove under the assignment and vote at the meeting 'Of creditors, but in ascertaining the amount of any such claim a deduction for interest shall be made for the time which has to run until the claim becomes due. Assignee to call meeting of creditors. Voting at creditors' meetings. Proof of claIm. Interest on claIms. Creditor may prove claIm not due.

Set-off agaInst claIms. Personal and part ner-shIp debts, CalculatIon ot votes. 6 ASSIGNMENT FOR BENEFIT O~' Cm:Dl'fORS. :4; 19.

The law of set·off· shall apply to ull clailll~ made against the estate, and also to all suits instituted by the assignee for the recovery 'Of debts due to the assignor, in the same manner and to the same extent a~ if the assign or were 'plaintiff or defendant, as the ca~e may be, except as in so far as any claim Or set-off sha Il bl effected by the provisions of any Ordinance respecting frauds or fraudulent preferences; provided, however, that there shall be no set-off allowed of any claim against the estate acquired, after the date of the assignment as against a claim made by the estate against the person so Dcquitting any such claim against the estate. 20.

If any assign or executing an assignment under tldl:l Ordinance for the 'general benefit of his creditors owes debts both individually and as a member of a co partnership or co-partnerships, the claim shall rank first upon the estate by which'the debts they represent were contracted, and shall only rank upon the others after all the creditors of those others have been paid in full. 21. Except with regard to the provisions of

Section 23 of this Ordinance, all subjects discussed at meetings of creditors shall be decided by the majority of votes, and for such purpose the votes of creditors shall be cal culated as follows: There shall be allowed: (a) 11'0r 'every claim of or over twenty-five dollars, and not exceeding one hundred dollars, one vote; and (

b) For every claim over one hundred dollars, and not exceeding three hundred dollars, two votes; and (

c) For every claim over three hnudred dollars, and not exceeding one thousand dollars, four votes; and (

d) For every additional one thousand dollars, or portion thereof, one vote; provided however, that in case any question arises

ASSIGNMENT FOR BENEFIT OF CREDITORS. 7 respecting the claim of any creditor, or respecting the securities held by any creditor, such creditor shall not be allowed to vote on such question. 22. In case. of a tie the assignee, or if there are two assignees, then the assignee nominated for that purpose by the creditors, shall have a casting vote. 23.

At the first meeting of the creditors, or at any Sl:. bsequent meeting, a majority in votes of the creditors present in person or by proxy may pass a resolution requiring the assignee to transfer the estate to sODle other person 'named in such resolution as asignee, and at such meeting each creditor having a claim of twenty five dollars or more shall be allowed one vote.

Then and in such case the said original assignee shall forthwith deliver over to such person the property and effects belonging to the estate, and execute all conveyances, assign ments, and transfers necessary to vest the said e.state in the said new assignee, and thereupon such person so named sh,all become and be the assignee of such estate under the provisions, of this Ordinance. 24.

Such original assignee shall, in case of such change, be entitled to be paid such remuneration as the creditors may at the meeting at which such change is made decide, subject to' an appeal to the Judge of the Territorial Court or a Police l\fagistrate for the district in which the assignment is registered. . In case the creditors do not settle the remuneration as aforesaid then such· Judge or .Police Magistrate shall have power to do so on application by the original assignee on notice to the new assignee. 25_

(1) A copy of the resolution . mentioned in

Section 23, signed by the chairman or other presiding officer of the meeting and verified by an affidavit of some person present at the meeting, setting forth the names of the creditors present in person Or by proxy at the said meeting, and the result of the' vote on the resolution, shall :bc . registered in the Land Titles Office, and >when so registered shall have the effect of vesting in such new Casting vote, ResolUtion at first meeting 01 creditors requiring assignee to transfer estate. Remunera tion of original assignee upon trans fer of estate. Verification of resolution requiring change 01, assignee..

Verification In case of Companies, New assignee to mall copy of resolution to creditors, Removal of assignee by Judge, Order appointing new, 8 c ASSIGNMENT IfOlt BBNEIJ'I'f OF CUEDI1'OHS. assignee all the real estate situate in the district of such office which became vested in the oribrinal assignee by virtue of the deed of assignment; and such resolution so verified may also be registered ill any office where the assignment was registered under

Section 8, and when so registel'ed shall have the effect of vesting in such new assignee all the personal propel'ty situate in the registra tion district under the "Bills of Sale Ordinance" of such office and which became vested ill the origillH 1 assignee by vil'tue of the assib'1l111ent, (2) 'Yhere the assignment has been registm'ed undel' Sub· Section (2) of said

Section 8, a copy of the l'esolntion so verified shall be registered in the office of the Registrar of Joint Stock Companies, 2G, 'l'he resolution referred to in

Section 23 shall he mailed by the new assignee, prepaid and registered, to every creditor known to him as soon as it conveniently can aftel' heing passed. :!j'.

Any Judge of the 1'erritorial Court or Police )fagistrate in the district in which the assignment is l'C'g-istercd, may, on the app1ication of any creditor of the assignee, made by petition, supported by the affidavit of the applicant 01' some other l)el'son, having knowledge (If the facts, re1llove any person who for the time heing sha 11 he entitled to act under any tl'ust declared in or l'!'eated by all~' such assignment as aforesaid from the office of the assignee, and appoint aD()thel' pel'son as assignee in the place of the person so removed, anll also, wit.h the consent of a majority in number l'epl'eSenting tlll'ee-foul'ths in valne of the Cl'editors of the assignol', pxpunge from, any such assignment any condition or stip ulatinn thereiu contnined, or, with the like consent, alter or, vary any trllst in or hy the assignment declm'ed OL' created, and the costs of and incidental to any SHell application shall he a charge on and paid out of the tt-ust estat.e, unless otherwise ordered b~' the Judge 01' Police )fabristrate. :!8.

In the case of the appointment b~' Cl Judge or Police )fagistl'ate of a new assignee, a cop~' of thc ol'der

ASSIGXMEN'1' FOR BENEFIT OF CUEDITOUS. H shall be registered, as provided in

Section 25, and with the same effect. 29.

In case any such assignee refuses or neglects to deliver over to such new assignee so appointed by the ereditol's, or a Judge 01' Police Magistrate, any of the property of the estate, or refuses or neglects to execute any document required for the purpose of vesting such property in such new assignee,.a Judge of the Territorial Court 01' Police Uagistrate may, on application of such new assignee, or of any creditor of such estate for one hundred dollars 01' more, make ·an order calling upon such new assignee to deliver over such property, Or to execute such docnment or documents, and to pay the costs of such application and failure to obey such order shall be punished h~' cOlllmital as for contempt of Comt. 30.

The production of a resolution of the creditors, verified as aforesaid c shall in all courts of justIce be tal;:en as prima facie evidence' of the vesting of the assign or's estate in the new assignee, assignee to be registered. Mode of transfer ~here assignee neglects or refuses to transfer. Verified copy of resolution as evidence. 31. The provisions of this

section shall apply to all Application to certain assignments exec.uted after the 15th day of July, 1916, assignments executed and to any estate which on the 15th day of July, 1916, after 15th 'rl d' . 1 h d . July. 1916. rcmmncu un Istribnted III t le an s of any aSSIgnee and to under any assignment theretofore executed; but the said ... ;~~te~ndls_ provisions shall not be deemed .to l'cfel' to any estate trlbuted. which had been partially distributed, or affect 01' preju- dice any act done, 01' any payment of distribution of assets made, by any such assignee prior to the said 15th day of July, 1916: (

a) Every creditor in his proof of claim shall :r;:~~rt~ stat~ whethel' he hoMs any secmity f01' his claim; or ~~ ~r:I~. any part thereof, and if such security is on the estate uf the assignor or on the estate of a third pady for whom such assignor is only secondarily liable, he s4all put a specified value thereon; and the assignee, under the authority of the creditors, may either. consent to the right of the creditor to rank for the claim, after dedu.cting such valuation, 01' he may

Negotiable Instruments. Judge may order claim to be proved within cer tain time. 10 ASSIGN~IENT FOR Bl-~NEFI'.r OF CRl\.J)~TORS. require from the creditor an assignment of the security at the specified value, to be paid, together with interest thereon at the legal rate from the date of filing the claim "l'ntil payment out of the estate as soon as ·the assignee hasl'ealized such security, and in such case the difference between the value at which the security is retained and the amount of the gross claim of the creditor shall be the amount for which he shall rank and vote in respect of the estate.

Before assigning such security such creditor shall be entitled to receive security £i'om such assignee for the value of such security so to be assigned. In case -of any dispute a .;Tudge of the Territorial Court 01' Police Magistrate may settle. the same On a S11m mary application; (

b) If a creditor holds a claim based upon negoti able instruments upon which the assignor is only indirectly 01' secondarily liable, and which is not mature 01' exigible, such creditor shall be considered to hold security within the meaning of this section, 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; (

c) In case a person claiming to be entitled to rank on the estate assigned does not, within a reasonable time after receiving notice of the assignment and of the name and address of the assignee, furnish to the assignee satisfactory proofs of his claim, as provided by this Ordinance, a Judge of the 'ferritorial Court or PoHce Magistrate may, upon the .summary appli cation by the assignee, or by any -other person inter ested in the assignor's estate, (of which application at least three days' notice shall be ·given to the person alleged to have made default in proving a claim as· aforesaid), order that unless the claim be proved to the satisfaction of the Judge or Police Magistrate within a time to be limited by the -order the person so making default shall no longer be deemed a creditor of the estate assigned, and shall be wholly barred of any right to share in

ASSIq~DfENT FOR BENEl<'IT OF CREDITORS. 11 the proceeds thereof; and if the claim is not so proved within the time so limited, or within such further time as a Judge or Police Magistrate may by subsequent order allow, the same shall be wholly barred, and the assignee shaJI be at liberty to dis tribute the proceeds of the estate as if no such claim existed, but without prejudice to the liability of the assignor therefor; (

d) The last preceding Sub-Section is not intended to interfere with the protection afforded the assignee by any Ordinance relating to Trustees. (

e) At any time after the assignee receives from any person claiming to be entitled to rank on the estate proof of his claim, notice of contestation of the claim may be served by the assignee upon the claimant. Within thirty days after the receipt of the notice, or such further time as a Judge of the Territorial Court or Police "Magistrate may, on appli~ cation, allow, an action shall be brought by the claimant against the assignee to establish the claim, and a copy of the writ in the action sei·ved On the assignee; and in default of such action being brought and writ served within the time aforesaid, the claim" to rank on the estate shall be forever barred; (

f) The notice by the assignee" shall contain the name and place of business of one of the solicitors of the Territorial Court upon whom service of the writ may be made; and service upon such solici tor shall be deemed ~ufficient service of the writ; (

g) Except as provided in Sub-Section (

a) hereof, no crtditor shall be entitled to rank upon the estate for or in respect of any claim for interest for any period subsequent to the date" of the assignment, until after all claims for principal money, and all cl~ims for interest on such principal money (where interest is by law payable thereon) calculated down to the date of the assignment, have been fully" paid and satisfied. 32. In case of a request in wdting, signed by a Not to / atrect protection atrorded assignee under any law. Contest at claim by assignee. Procedure. Address for service at writ. Claims for Interest. Assignee to call meetlrlg upon request.

Remunera tion of I\l:;slgne~. Mode of payment of remunera tion. Resolution to state what expenses are covered by remunera- . tlon. Assignee not to accept gift or any other con sideration. 12 ASSIGNMENT It'on BENElt'l'l' m' CnEDI'l'Ons. majority of the creditors having claims, duly proved 01' admitted, of fifty dollars and upwards, computed accord ing to the provisions of

Section 21 of this Ordinance, it shall be the duty of the assignee within two days aftel' receiving such request to call a meeting of the creditors, for a day not later than twenty days after such request is received: 33.

(1) The permanent assignee shall be entitled to such remuneration as may be voted to him by the creditors, subject to an appeal to a clerk of the Terri torial Court or Police Uagistrate. In case no remunera tion is voted by the credftors at the first meeting of the creditors, 01' at the meeting at which such permanent assignee is appointed, such remuneration shall be settled .' a Judge or Police ~fagistrate on notice to the inspec tors (if any).

There shall be an appeal from the decision of the clerk 01' Police Magistrate either by the assignee or the inspectors 01' any creditor on behalf of the creditors, to a Judge of the 'l'erritorial Court, Notice of such appeal must be given within four days after the decision of the clerk. •

(2) Such remuneration shall be in the nature of a commission 01' percentage of which one part shall be pay able on the amount realized and the other part on the amount distributed in dividends; (3) 'rhe resolution shall express what expenses the remuneration is to cover, and no liability shall attach to the assignor's estate or to the creditors in respect of any expenses which the remnneration is expressed to cover.

(4) An assignee shall not, under any circum stances whatever, make any arrangement for 01' accept from the assignor or any solicitor, auctioneer, 01' any other person that may be employed about an assignment, any gift, remuneration, 01' pecuniary '01' other consider ation 01' benefit whatever beyond the remuneration paid by the creditors and payable out of the estate, nor shall he make any arrangement for giving up, or give up, any part of his remuneration, either as assignee, manager, or trustee, to the assignor or any solicitor 01' other person that may be employed about an assignment.

ASSIGNlIEN'f FOR BENEFIT OF CREDITOns. 13 34: At the first Or any subsequent meeting the creditors, 01' their repl'esentatives duly authorized in wl'iting to appeal' on their behalf, may appoint One or more of their numbei·, but not exceeding three, as inspectors, who shall superintend the proceedings of the assignee and the management and winding. up of the estate, and they may also revoke the appointment of any 01' all of the inspectors, and upon such revocation, or in case of the death, resignation 'Or' absence from the Tenitory of an inspector, may appoint another in his stead, and anything to be done by the inspectors may be done by the majol'ity, or by the sole inspector if there is ouly one. 1'he inspector shall riot be entitled to any rem ~11lel'a tion.

Appointment or In spectors. 35. "'hcnevel' un assignment is made of any real' Six months' or personal pl'opel'ty for the general benefit of creditors :a~:~~ f~ th€. assignee shall pay, in priority to all claims of the prlorlty. ordinary 0)' general creditors of the person making the same the wages 01' salary of all persons in the employ· ment of such person at the time of making such assign· ment, six months' wages 01' salary, and such persons shall be entitled to rank as ·ordinary general creditOl;s for the residue (if any) of their claims, 36. The last preceding

section shall apply to wages 01' salary, whether t!le employment in respect of which the same shall be payable be by the day, by the week, by the job or piece, 01' otherwise, 37. 'rhe assignee III ay, with the approval of the cI'ellitol"s, compromise all debts and liabilities capable of l;esnlting in debts, and all claims, whether pllesent or fnt\1l'e, cel'tain 01' contingent, ascertained or sounding only in damage, snhsisting 01' supposed to subsist, both to Hnel h~' the assignol' upon the receipt 01' payment of such ~IIIllS, payahle at sllch times anl1 generally upon s11eh t.el'UIS as ilrc agl'eerl 11pon, 38, All lIIoneys received by the aSl'ignee 011 account of the estate shall' fCll'thwith be paill IJY him illtO a (:hm'tpr('(1 '\J<lnk, to 1)(" nallled hy tht' cl'e(1itOJ's, to the Application of preced Ing section.

CompromIs Ing debts. Deposit of moneys receIved by assignee.

Payments by debtor made 10 days' befol'p. execution of assignment void, Solicitor to estate. Qualifica tions of u:lslgnee and his deputies, 14 ASSIGNMENT FOR BENEfi'IT OF CUt:I.HTOltS. credit of a special account for the estate, and at every meet~ng of the creditors the bank, book shall be produced ,by the assignee and shall always be .open to inspecti.on by the inspectors' or any creditor. The assignee shall not in any case pay any money received by him on account of the estate into his private account at any bank. 39.

Every payment made within ten days n~xt before the execution 'of any assignment under this Ordin ance by the assignor on account of a pre,existing deht shall be void, and the :amount so paid may be recovered back from the person to whom it was paid b)\ the assignee hy suit in any Oourt of competent jurisdiction; but if any valuable security was given up in consideration of such payment, such security or the value thereof mnst be restored or credited to the creditor; provided, how ever, that no payment for wages (not exceeding three months), 01' for rent, taxes, or water rates, which are a lien on the property of the assignor shall be affected by this section. 40.

At any meeting of the creuitors a resolution llIay be passed directing the assi b'1lee to employ' a person or firlll named in the resolution as solicitor (ll';.solicitol'S to the estate, and thereiiftcr no othcr, 'solicitiJl: shall be employed b.y the assignee; such apI)ointmentof' solidtOl' llIay he changed at any meeting of the creditol's lJ~' resolu tion.

No such solicitor, after his appointment, shall act in any way for the assignor us loqg tls he continues to act as solicitor f.or the estate: ' 4i_' No person other than a permanent and b~na fide resident of this Territory shall be qualified 01' have power to act as an assignee under this Ordinance, nor shall an assignee ilOder this Qrdinance h~ve power to appoint as deputy ~or delegate."his duties as assignee to any person who is ~ot a permanent, bona-fide resident 'Of this Territory, and,;,no charge, shall be made 01' recover able against the assignol' 01' his ,estat-: for any sel'vices or expenses of any such assignee, 'deputy or delegate of any assignee, who is not a permanent and bona-fide resident of this Tel·ritOl'~·.

ASSIGNMENT }'OR BENEFIT OF CREDITORS. 15 42.

Every assignment he're~fter executed for the general benefit of creditors, whether the assignment is or is not expressed to be made under '01' in pursuance of this Ordinance, and whether the assignor has Or has not included all his real and personal estate, shall vest the estate, whether real or personal, or partly real and partly personal, thereby assigned, for all the estate and interest therein of the assign or, in the assign:ee therein named for the general benefit of creditors, and such assignment and the property thereby assigned shall be subject to all the' provisions of this Ordinance, and the provisions of this Ordinance shall apply to the assignee named in such assignment, and to every person in the position of assignee of such estate. 43.

Upon the expiration of one month from the date of assignment, and afterwards from time to' time of intervals of not more than three months, the assignee shall prepare, and keep constantly accessible to the creditors, accounts and statements of his doings as such assignee and of the position 'Of such estate. 44. From time to time, whenever there is sufficient money 011 hand for that purpose, the assignee shall declal'e and pay a dividend of ten per cent. or more on the claims of creditors.

Before allY dividend is paid, a dividend-sheet shall be prepared, showing all claims allowed and all claims (if any) objected to, and showing an abstract of receipts and disbursements, and such (livi dend-sheet shall be certified to by the assignee and the inspectors (if any) .. 45. All sums l'eceived b~' the assignee for interest on moneys belonging to the estate shall belong to the estate. 46.

(1) The assign or shall brive such information to the assignee or inspectors respecting. his estate and affairs, attend at such times on the assignee or inspectors and at such meetings of his creditors execute, at the expense of the estate, 'such powers of attorney, conve~' ances; deeds, and instruments, and generally do all such acts and things in relation to his property and to. the distribution of the proceeds thereof amongst his creditors Vestlng effect of aSSignment. Assignee's accounts. DIvidends. Inter.est received belongs to estate. ASlilgnor to give Information.

Compensn-' tion to asslgnor for services, As!<lgnOl' not retain any portion of estate or book~ or documents, Pen~lty, ExaminatIon of Hssignor, rrime, place and adjourn ment of E'xamlnatlon, 16 .ASSIGX:\H~~T FOIl BE~I~l"lT OF CUElH'l'OltH, as are reasonably requh'ed hy the assignee 01' illS}Jcdol's j and he shall aid, to the utmost of his power, in the reali zation of his property and the distrihution of the proceeds thereof among his creditors,

(2) The assignee may, from time to time, with the consent of the creditors" make snell allowance a~ lw thinks jnstto the assign 01' ont of the estate as compen sation for his services in connection with the wiwling:' np of his estate, 4., If, after the (late of the assignment, the W';;Sig-lHlI' l'ctains i)l' receives all~' pOl'tion of his estate 01' effl't'is, or of allY moneys, secU\'ities for money, hnsitwl-;S papcl'~) (locnments, books of acconnt, or evidence of tleht, \lplong- ing 01' appertaining to his business (I)' estate, awl I'ctain:o; and withholds the same from the assig-nee, withont lawfnl dg'llt, the assignee l\1n~' apply to Cl.

JmlJ,!;c of the Teni tol'ia 1 Court or Police ~\Iagish'ate for an orllet' for tIll' cll~livcry thereof to him, and ill Ilefanlt of dl'1iwl'Y ill eonfOl'lIlity with sHch order, the assiJ,!;nol' lIIay hl' imprisoned iu the common goal nntil the ~<\lllC :11'(' II(~livel'el1, or for such time, not eXt'eelling- Olle ~'par, ilfo: the JUIlg-c 01' Police )(agif'ltl'ate JIIa~' order; lmt nothillg hl~reill 8ha]] illtel'fel'e with 01' dilllini8h allY othpl' pl'llalt,' t'll which, nil(lel' this Ol'(linance, he may hL' 8n h,iPf't ill I'ollseqnence o,f the uon-Ilelivery of slH'h lH'olwrty, l'trl~d:-:, docIlIllPntf'l, 0\' money: 4K

(1) The ('\'e(litors ())' the ill~pl'ctors l\Iay dil'Pl't tIll' nssig'llOl' to he examined npoll oath hl'fo]'l' nil' assig-llee, 01' befme SI\l'h Judge of tIlt' rrel'l'itOl'i.:l ('on'I't 0\' Police )Iagistl'ate as they lllay naIlle, tOIl.l'hiug- his estnh' and effects, assets a11l1 liahilities, the !,:ollllnct Hu(l 111<111- agelllellt of his business, the can~f'S of his insolv('lll'Y, awl his atfairs generally; and such assig-nee 01' oJl\llgl' ()\' Police )[agistl'nte may a<1llliuiste1° allY neces8Hl'y oat-h,

(2) Snch examination shall take place a t ~l1('h tillI(' and place as is appointed by the JIlIIg-e 0\' Police )[ag-i~ tl'ate on application hy' the creditors, 01' wlwn thl' examination is hefol'P the assignee :lS lllay Ill' appllilltl',l lJy tlw inspedOl'8, allll it may he ac1jo\11'uPII 1'1'0111 tillle tn

ASSIGN~n~~'l' FOU RI~:'IIIWI'r OF QREIH'rons, 17 time; hut a Judge of the Territorial Court Or Police 1\fa~ristrate may, on application of any person interested, and on being satisfied that the affairs of the assignor have been sufficiently investigated, make un order directing that the examination ue concluded hy sHch time as is named in the order, '. ~ ..

(3) Such examination lllay be conducted hy l:OUlll'o:d ''1" hy such persons as are appointed by the creditOl's 0]' illspectors, and notes of the evielp)H:e ~i\'Pn at sHeh exalllination, which may he taken in shorthand, shall hI' eleposited with' the assi~nee IIl1el shall he opeu to inspection, without charg'e, hy an." Cl'celitOJ' 01' hy t!lP clnly allthorized representatives of ilU~' e:reelitCII', ,.16-.": ( 4- ) In case the a8si~nor neg-lects Or refnsc:-- to ap).)C~at' or to be S\\"OI'U, or to answer IIn." 1)l'ope~I' (lIwstiOIl, u Judge of the 'L'el'l'itorial COllrt. 01' Police ~\ra~istl'ate IIUlY, on the applitation of the assig-nee 01' of any PCI:SIIII interested, order that the assignor he olJlllllittpel as fell' a contempt of Conl't, ane] l1Iay lIIake SlId( OI'c1cl' as to payment of the costs of an,Y application nnclel' this !,;pe'tiClll <IS to him seems I'i~ht. 49,

(1) A J nclge of the Territorial Comt Ol' Police :it tlg-istl'ate may, on the application of the assignee, or of a creditor having an unseclll'cc1 claim of one 11llnc1reel elllllars 01' upwarlls, sumlllon hefol'e him any person, indllding the hushancl 01' wife of tlw assi~n01', known Ol' ~\1spected to have in his 01' hel' posSCS!';iOll any of' the estate 01' affects of the assig-neu', or any person who is l'e1)1'esented to such Jlld~e 01' Policc )Iag"istrate as eapable of giving iufOl'lllatiou coucerllin~ the a~si~llOl', his cleul in~s or pl'OP~l'ty, and such '<Tnelg-I~ -or Police )fagistrate may require any such person to produce any docllments in his custody 01' power or nncler his control relating to th(' Clssig;nor, his dealinl-,"S 01' property,

(2) If the pel'soll so slllllUloneel, aftel' having heen telHlered the ordinal'Y witness fees allowed in sllits heforc the Court, without reasonable excuses, refllses to come hefore the .Tudge 01' Police )[agistl'ate at the time nppointecl, the JlHlge or PoHce Magistrate may, hy Examlnatlon may be by counsel. Committing asslgnor for refusing to appear or to answer que~t1ons, Examination of persons other than asslgnor touching e~tate, Apprehen sion of such persons refUSing to attend,

Procedure upon such examination. Ordering such persons to deliver up propert~' belonging to esta te. Committing such per~(lIl!-\ for con tempt. Arrest o[ assign or. w<tnant, cause him to be apprehended and In'onght before him,

(3) Such person lUUy be examined UpOll outh cOllcel'ning the assignor, his dealings 01' property, by 01' before the Judge 01' Police )Iagistrate, ()I' h,Y 01' hefore such person and in such manner as the Jndge 01' Police )Iagistrate directs, and snch .T udg-e or Police )Iagistrate or pel'son may administer any necessary oath; and notes of the pvidence ghTen at any such examination, whil'h may be taken in shorthan(l, shall be deposited with the assignee and shall he open to inspection" without chargp, hy any Cl'editor, Or the duly authorized repI'esentatiYe of allY cl'editor; mul the ,THd~e or Police )Iag-istt'ate may make sHch otder as to the payment of the costs of any sHch examination as to him seems right.

(4) If on such examination sHch versoll admits that be has in his possession nny property belonging to the assig-llOl', and to whil"1t the assig-nee is lel!nlly entitie(1 the Judge 01' Police )[agistrnte llla~' orde1' him to deliwr to the assig'lllx' SHell rH'fljJl!rty, 01' any pm't therec1f, H t ~nf'h tilllP, in sHeh llUlllneJ', amI on sHch tel'JIlS as Sl-'eIllS jn:-it, (()) In t:alS(~ of I'efnsal to appeal', 0\' to he 10\\"01'11, :11' to alls\\"er any qlle~tiolls that may lawfnlly he askp(} tlllH'hillg' thp assignol', his den lill~S 01' property, 01' to PI'fl(ltH:e any (locnlllent whil'h he is l'eqnil'e(l to )ll'o(luel', OJ' to obe,\' any m'del'of the .TlHlge or Poliee )Iag-istl'llt(~ l\lcllle nndet' amI hy vii'tne of this sedioll, the Pl'I':"OIl so l'cfusing' may l,e committed as for a contempt of Court. 50.

A Judge_ of the TCl'l'itol'ial COUl't 01' Police )iagistt'atp llIay, at any tillle aftel' tbe execution of all alSsiglllHcllt under this Ordinance, on the applkatioll of the assigllee 01' any CI'I~(1itol' having a clailli tot' one hUIl Ill'cd dollars 01' more against the assig-uol' uy wa nant to the Sheriff of thc dilStdd, 01' other propel' officer, cause the assignor to ue a1'l'este(1, and any hooks, papers, lIIoneys, and goo(ls in his possession to he seized, and him and them to he safel~: kept as prescrihed until sueh tillll~ as the Judge 01' Police )Iagistrate ol'flers, if sueh fadlO and circmllstances arc shown by affidaYit as satisfy the Judgl':

I

a) Tlwt there i~ good and prohahle e<ltlSe fot' helieving that the assignor is ahout to abscond amI conceal himself to avoid appearance at any meeting of his creditors at which he is required to appem', 01' to avoid examination in respect of. his affairs, 01' otherwise to avoid, delay 01' embal'l'ass any ]ll'oceed ings against him nnder this Ordinance; 01' ~

b) That there is good aUll probable cause for be lieving that he is about to remove his goods with intent to prevent 01' . delay possession heing taken of them b~r the assignee, or that he has concealed 01' destroyed or is about to conceal 01' destroy, any of his goods or money, 01' any hooks, documents 01' writings which might he of use to his cl'editors in tIll' course of the proceedings under this Ordinance; 01' (

c) That, without good cause shown, he has fai.le(l to attend any meeting 01' eXaIUillutioll which he was required to attend under the pl'oyisious of this OL'dinance. 51. "~here there is any assignllll'ut nnder thhj Ordimlnce, the assignee, save as herein othel'wise l)l"ovidell 01' implied, shall have all exclusive l"ight of suing for the recission of agreements, deeds anll iustrlllllents or uther transactions made or entered into in fl·atH} of creditOl's, 01' made 01' entered into iu violatiou of this 01' an~- other Ordinance. 52.

If at. any time any Cl"cditor desil'cs to eanse any proceedings to he taken which, in his opinion, would he fflr the henefit of the estate, and the assil!,'nee refnse~ 01' neglects to take such proceedings. after heing Iluly rqnired so to do, snch creditor so desiring" shall 1.H1YC the )'igbt to obtain all order of the Judg-e 01' Police )[al-!,"istrate uforesaid uuthoL"izing" him to take such proceeflings in the name of the assignee, hut at his own expense and risk, 'lVon such terms and conditions as to indemnity to tlw assignee as the Judg'e or Police )Iagistl'ate ma: prescrihe, <:md thel'eupon any benefit derived fl'om such proeeedillgs shaH helong exclusivel~' to the cI'editor instituting the s:allle fm' his benefit; but if befol'e such m'del' if'; granterl the assi~'nee shal1 f';ignit)· to the Judge or .Polke )lagis- Affidavit for order for arrest.

ASAlgnee (?xcluslve right to sue rc. transac tions In fraud' of creditors .. Creditor may cause proceeding" to be taken for benefit of estate.

Creditors may direct disposal of estate.

Leases. 20 ASSIGNMEN1' FOR B/<JNEFl'f OF CREDITORS. trate his readiness to institute such proceedings for the benefit of the creditors, the order shall prescribe the time within which he shall do so, and in that case the ao.· vantage derived from such proceedings, if instituteo. within such time, shall appertain to the estate. 53. 'I'he creditors may at any meeting pass any resolution 01' order directing the assignee how to dispose of the estate, or any part thel'eof, and in default of their so doing, he shall, subject to the directions, orders and instructions he may from time to time receive from the inspectors (if any) with reg'ard to the niode, terms and conditions which he may dispose of the whole or any Pal·t of the estate, sell and dispose of the same in sllch manner as seems to him most advantageous in the interests of the estate, suhject always to the provi~ions of this Ordinance.: bnt the assignee, or any inspector or the solicitor of the estate, shall not llllrchase, directly or indit'cctly, 'any part of the stock·in·trade, (lehts, Ol' any a~sets of any description of the estate .. 54.

(1) If the assignol', at the date of the assign- . "nt, is a tenant of property, the assignee shall, notwith· Rtanding any condition, covenant, 01' agreement that sHch tt~)HlI1Cy shall determine ill case of the bankrnptcy 01' in· "'Ilyency of, or assignment for the henefit of his creditors hy the tenant, have the right to hold and retain such prope\"t~· fOI' a period not exceeding' three months from the date of the assignlllent, 01.' until the expiration of the tt'mUlcy, whkhevct shall first happen, on the same terms and conditions as the Hssig'nor might have held ~lH:h propel·t", had no assi:.;-tllllent heen made.

(2) If the assign{)r, at the date of the assignment, is a tenant of property, the tenancy of which is not cldel'mined hy his insolvency, or sllch assignment, the assignee, l11)(ler the Hllth,ority of the ·cl'editol'sj· may· give notice in \\Titing to the landlonl of his "'ish to determine the same at the expiration Df three months from the giving of sHeh notice, and SHch tenancy shaH tel'minate at the expiration of sHch three months; but nothing' hel'cin shall prevent the assignee, llmler the authority of the el'editol'foI, fl'om selling,' tr~iilSfel'1"h~g, -01:. otIiel'~"ise

ASSWNMENT FOU BENEFIT OF CREtin'OIlS. 21 disposing of any lease or leasehold property Or any interest of the assignor therein, for the unexpired term thereof, or any part thereof, to as full an extent as could have been done by the assign Or had an assignment not heen made; and if there is any covenant, condition, or agreement that the lessee or his assigns should not assign or sublet the property without the leave Or consent of the lessor, or othel' person, such covnant, condition ,01' agreement shall be of no effect in case of such sale, transfer, sublease, or disposition of the lease or leasehold property as aforesaid, if a Judge of the Territorial Court or Police ~Iagistrate, on the application of the assignee, and after notice of such application to the lessor or other person whose leave or consent is required, approve of the sale, transfer, sublease, Or disposition so made of the leasehold property. (3) 'L'he lessor may, in the event of the tenancy heing determined by the assignee by notice in manner hel'einbefore provided, fix a claim against the assignor's estate for the damages (if any) sustained in consequence of such termination, which claim shall be proved in a l'limilar manner to ol'dinary claims against the estate; and in his proof of claim he shall set forth the amount of damages claimed and how such amount is arrived at; 'md any such claim may he objected to in the same manner and shall be subject to the same pl'ocedure to establish the same as herein provided in regard to claims made against the estate, and the lessor, on his claim being' estnblished or allowed, shan have all the rights of voting and otherwise enjoyed by ordinary unsecured creditors who have proved 'claims 'against' the estate, (

J) In estimating such damages reganl, shall be helll to the rental payable under" ,the, .. tenancy so deter lIIined, and to the .real~ly value of the property at the time of such termination, and regard shall also be had to the additiC!nal value given to the property by any build ings, fixtures, 01' improvements placed thel'eon by the assignor or those through whom he claims, but no regard shall be had to the chance of leasing the property at a ~l'eatel' 01' less rent than that payable b~' the assignol' or his t'state at the time of the termination of the tenancy.

Dlsclaimel' of liability tor shares, stocks, etc. 22 ASSIGIOIEX'f FOU BI~XEFI'1' OF CUJ,;IHTons,

(5) The lessen' shall have a pl"ivilegcd' dailll against the estate of the assignor for al'1'ears of l"l'nt (lne or accruing due in l'espect of the 8ix mouths next prcc('d, ing the date of the assignl1lent, together with all co~t~ of distraint properly made uefore the 11ate of thl' W;,:sigll' l1I('nt in respect to the I'ent 01' any pm't of the l'l'ut hel'p],y IIHlIle a privileged claim, bllt fo!.' all othl'r al'l'ears of relit he shall have a clailll provable against the estate as an ol'llinary creditor. fIe shall also have a pdvilegetl elailll against the estate for all l'cnt aecl'nillg" (1nl' aftl'l' tIll' tlatp of assigmnent dndllg the pCl'iOtl the I}I'operty .lllll prPlllises are held hy the assigupe, (6) 1'he lessor shall not l)(~ eutitlPll to Ili~tL·<till npon the goods of the assignO]' afteL' they hl'come Yt~stl'll in the assignee, and all goolls theu llistl'ainell upon shall, on 11emHnd, be deliwl'ell hy the P(~1'8()1l \tolllillg them to the assignee, but the lpl',;f;ol' shall 110t by ]'eaSOIl of slll.:b Il('live]'y be depl'ive<1 of :lny lien 01' ]'ights ill r('fl'l'l'llee to suell goods which he lllily have acqnired Ly 8111.:11 di~tl'I'ss, !o;honld the g-oods 1)(> ~lni!!!('d b~' Hllll bp ,leliv'.'l''!!l to ,l!l" p('l'son 'other than the assigll(,l', (j) 'rhe lessor shall lIot hI' entitle(l to all,\' fm·thel' 01' other rent from the assig:uOL' 01' ft'om his estate tItau a~ sd fOl'th in this section. 55, (1) 'Vhen auy JltLL't of the pL'operty of the assignol' consists of shaL'es of stock ill cOlllpanies 01' unprofitable contracts 01' of any otheL' property that is not sal cable 01' readily saleable hy l'eason of its binding the possessor thereof to the perforlllance of any onerous act or to the payment of a SUllL 'of money, the <lssignee may, with the authority of the cretIitoL's, by writing nuder his hand, disclaim such property at <lny tillle within six months from the date of his appointment, notwith standing that he has takcn possession of such property, or has exercised any act of ownership i~ relation thereto; provided that when any such property has not come to the knowledge of sHch assignee within six months after his appointment he lUay disclaim sllch property at any time within six months after he first hecame aware thereof,

·

(2) Such disclaimer shall operate to determine, as hum the date thereof, the rights, interests, and 1ialJilities ':If the assignor and his property in 01' ill respect of the property disclaimed, and shall a1so discharge the assig1lee from all personal liability in respect of the propert~" f1isdaimed as from the date when the property vl'stetl ill him, but shall not, except so far as is neCessip",Y for the pm"pose of releasing tbe assi~llor and his pl"opert,\" awl the assignor from 1iability,. affect the rigbts or Jiahilitips of any othet' person, (3) 'rhe assignee shall not be entitled to disclaim any })l'opel'ty in pursuance of this scctiOll ill nny ('a:-:I:' wlwre an application in writing has beeu made to the assignee, by any person intel'C'stcfl in the pro)ll'l'ty, l'l'qnil'" iug him to decide whether he will disclaim or uot, awl the assignee has, for a periol.l of one mOllth aftet' tItp l'£'eeipt of such application, or such extended period n~ !!l<t.'- be ullowed by a Judge of the '1\~l'I'itorial ('Olll't.

Iledined Ot' neglected to ~ive llotil'e wllPthet' he (lhwlaims tIll' property or not; and in the case of it ('ontt'nct, if the m~si~nee, after such application as afOl'esai!l, dot'S not, within the said period 01' extended pet,toll, disdaim tIll' ('olltract he shall be deeDle~l to have ad(}pted H, (-I:) .A Judge of the Territorial C011l't or I'oike Magistrate may, Oll the application of any person who is, ilS against the assignee, entitled to the uenefit, m' snhject to the bllrden of a contract lIIade with the assignol', make an order rescinding the contract, On such terllls as to payment 1Iy '01' to either pn rty of (la 1I1age~ to!' t'he non-performance of the contract Or otherwise as to t]1(' Judge may seem equitable, and any (lalllages lHtyahle cm del' the order to any such person may he proved hy him as it deht provahle 1l1Hler this Ol'(linHnCe ag-ainst the t'~tat!' of the assi~n()r,

(5) A J Ildge (If the 'l'enitorial COllrt or Police Ma~istrate may, on application hy ilny pet'soIl eithet" claiming an interest in any c1isclaimell property, or Hmler any Jiahility not dischal'~ed hy this Ol'dill<lnl:c in t'espect of any disclailllc(l propel'ty, and ~m heal'iIig sllch persons as he thinks fit, make an order for tIle vesting' of the pt"opel'ty in 01' delivery thereof to any person entit\pll

Dividends at time of discharge of Bssi/!"nee. Balance of estate aft~l· payment of ('Ialms. Discharge of assignee. 24· ASSIGNl\U1Nl' FOR BN,,"E~'I'r OP Clmlll'fOlt8. thereto, or to whom it may seem just that the same sb-ould be delivered by way of compensation for such liability as aforesaid, or a trustee for him, and on such terms as the Judge thinks just; and on any such vesting order being made, the property comprised therein shall vest accordingly in the person named therein in that hehalf without any conveyance or assignment for the pUI·pose. (

G) An:), person injured by the opemtioll of a .lisc1aimcr under this

section shall be deemed to be a creditor of the assignor to the extent of the injury, and may prove the same as a debt provable under this O.'din nnc:e against the estate of the assignor. (') The provisions of this sectioll shall not extend to leases or leasehold property. 5(;. AI1 dividends remaining unclaimed at the time of the discharge of the assignee shall be paid over to the 'l'l'l"\"itorinl Treasnrer, and, .if afterwards claimed, shall Ill' pai.l over to the person entitled thereto . . .J'.

If any halance remains of the estate of the al'sig:llor, 01· of the proceeds thereof, after the paYl1lcnt in filII of all his debts and liabilities and the costs of will.ling- lip his l'state, snch halance shall he paid or t.·anl'fl'l·l·p,l to the Hssignor. 58. .·\.ftpr the .lee1m·ation of the final dividend thc al'signl'!' shall pr(~pHl·e his final account and make appli (·a tioll to a ,T udge of the Territorial Conrt or Police ~rHg-istrate fOl· his discharge, giving at least ten days' plol'dons notice of f;111:11 application to the assignor, and to tlll' iuspedol"s( if any) and to the creditors by circular; HIIIl he f;hall pl·oduce and file, on such application, a lJunk .·l'l·tificate of the tleposit of any dividends I·emainin~ lllH:laime(l, and of auy halance in his hands, and also Cl statement, nnder oath, showing the nominal and realized "Hlne of the assets of the assignOl·, the amount of claillls pl·oved, (lividiug them into classes according to the natUl·e thel·eoi', the amount and n.te upon the dollar of dividends paill to the Cl"editOl·s, unll the entire expenses of winding

AS~IGNMgN'r I<'Olt BI':NI::i"l'l' OF UltglHTUlt~. 25 up the estate. 'rhe Judge 01' Police Magistrate may, aftm' l'Husing 'the accounts of the assignee to be audited . by the inspectol's, 01' by such cl'editor, or by such com petent person as he mn.y name, and after hearing all paI·ties intel'ested, grant conditionally, the application for discharge 01' refuse it, and may make an~- ordcr as to eosts which he thinks propel'.

A cop~' of any order dis dUH'ging the assignee shall be registered within fifteen days from the date of the order in every office where the assignment has been registered. 5H. 1'he creditors may, at auy meeting, determine 'whel'e subsequent meetings shall be held, but in default of their so doing, all meetings aftcr the fll'st meeting shall ht' held at the office or place of business of the assignee. GO.

(1) At all meetings the creditors may appoint a chairman, and in default 'of slleh appointment the assignee shall be chairman.

(2) The chairman sl,all decide all disputes 01' ques tions that may be raised at such meetings as to the eligi bility of a creditor to vote or as to the amount on which lw should vote, or any other question of procedure at such meetings.

(3) The chairman shall cause to he kept full l1Iinutes of all proceedings, resolutions and decisions at such meetings, and shall include thcrein an accurate list o'f n 11 the cI'editors present '01' represented, which minutes :o:hall he signed hy him and shall he filed with and kept h~' the assignee, and on the final {lischurge of the assigll(>(~ shall he deposited with the Olerk of the Territorial COll),j 01' t.he Clerk of the Police l\Iagistt'ate's Comt, as ol'ue)'ed by the Judge or Police Magishate granting such difsdlar-ge. (il.

(1) A creditor shall he cntitled to vote at finy lIleeting of creditors in l'espect of and to the extent of his claim against the estate as determined hy this Ordinance, but such creditor shall not be entitled ·to vote at any meeting of creditors until he has proved his claim in manner hereillbefore proyided; and if his clailll is depen- 'l'lme and place of subsequent meetings of creditors. Procedure at creditors' meetings. Chairman decide disputes. Minutes of proceedings to be kept. Creditor entitled to vote only after claim proved.

Contested claims. Purchaser of claims after assignment not entitled to \·ote. Assignee or hi" partner, ptc., not to vote as to remunera tion. etc. Creditors ma'· vote per~<;onally or hy proxy. Assignee subject to

summary jnrisdictlon of Court. dent upon a condition 01' contingency, 01' for other l'ea~OIl does not bear a certain value, not until the value of snell claim has heen ascertained in lIll:lUner hereinitefol"e pl"Ovided,

(2) In the case of contested claims the ('l'l:'llitol' shall, until such contestatiou is decided or all agl'Pl'llIt>llt hetween snch creditor and the assignee is arrived at: he eOllsidel'cd as a crcditOl' fOr the' alllount .ullllittel1 hy tlt,' ;l~sig'nee (if any),

(3) Persons purchasillg- claillls against thp c~taH' aftpl' tht, Ilate of assi~ll1l1ent shall not be (:'utitled to YOW hl l'l'sped of sl1eh claim~, bnt shall in all other rl'~pl'l'tH, unles!-; othel'\\"ise spcdally pl'ovilled, haw> the sallll' I'ig-Ilts as other el'l,tlitol'l'>, (4:) The assig-nce, his pat'tner, agent, clpl'l;:, 01' employeI:', 01' allY person in the cllIploy of a pi.ll'tncl'~hi}l 01' cOlll]lan,\' of which he is :.l III P lIlite 1', shall Hot be l'lItith>ll to .vote I1pOJl any l'esolution atfeetinl!." tlll' l'clIIlllWl'atioll 1,1' ),(~lIIoval frolll office 01' the cOllduct of the assi;,:-!H.'l', 01' 1.111:' secl1l'it,\' to lJe giwn hy hi1ll, bnt on all ot:hpl' I} 11 (,I';, tlOlI~, if eretlitOl's, they lIlay vott~ as slleh Cl'Cllitol':;;. (i:!, Except a::; ht'l'eill otherwise 1'l'ovided, no t:l'Pllitol' f'IIH 11 vote at any meetillg Illlless present pel'sollH 11.'"' O\.' I'epl'e:;;entell hy sOUle pel'l'>Oll having written <lnth,lIL'it,", \\'hich IlIHy he by powpr of attol'ney, letter, postcal'II, Ill' h>lel!."l'aphic Illl:'ssage, sllch authOl'ity to he filed with the assig-nee, Sllch .lnthnl'ity may be either general 01' limited, bnt in llO case shall the assignee, his partner, 0\' l111YOlle ill his elllploy, or in the emplo~' of a partlwl'~hip or compallY of which he is a llIemhel', act for 01' l'epl"l'~l:'nt nny creditol' of the estate, G3, Every assignee shall be subject to the SlllllllHll'y jurisdiction of the 'rel'l'itol'ial COlll't or Police )Iagistl'H te in the same mUDner amI to te same extent as the ordinary officel's of the COllrt are subject to its jul'isflic, tion, and the COllrt may compel him to perform his duties, 01' may restrain him from taking 01' continuing pl'oceedings which are not in the interest of the estate, or of the cl'eflitol'S genel'all~', ana ohedienee hy the

a8signee to any order of the Court may be enforce(l by the Conrt under the penalt~· of illlprisonment as for contelllPt 41f Court, and by removal from his office. (j4. ..-\ By one 01' more cl'ellitol"S whose claims in the aggrl·gate exce~11 ten per cell t. in va I ne of all claims l'i,nking against the estate, who are entitled to vote, and who are lli~satistied with any resolution adopted, Ol' m'del's made hy the creditors 01' the inspectors, or with Imy action of the assignee for the disposal of the estate 01" any part thereof, or for postponing the disposal of the estate or any pU1't thereof, 01' for the disposal of the smne, 411' with reference to any matter connected with tlw management 41f the wilHling·up of an estate, or with any decision of the chairlllan of a meeting, may, within two days aftel' the acloption of the resolution, 01' the making of the ol'(ler or decision, 01' the performance of the action t·, 'mplained of, giye "to the assignee notice that he 01' they will apply to a Judge of the ']'erritorial Conrt Or Police 1\[(lgistrate UIl the dny and at the! hOllr fixed in such llotice, not heing later than two days aftel' such notice llas been given, or as soon thereafter as the parties may 1!~ heard before such Judge or Police )lagistrate, to l'f-scind such l'esolution or order or to reverse such decision, or for such order as is indicated in such notice; und the Judge or Police :Magistrate, •• fter hearing the inspectors, the asignee and the cl'editol's present at the time and place so fixed, JUay approve of, rescind, or modify the said resolution 01' order, decision or action 01' make such order in the premises as to him seems propel'.

In case of the application not being proceeded with, 01' lleing l'efnsed, the parties appealing shall pay al1 costs oceasioned thereby, otherwise the costs and the expenses shall be at the discretion of the Judge or Police 1\J agistrate, 65, The creditors may generally 01' for a special occasion delegate to the inspectors any of the powers con· fioned upon them by Sections 37, 38, 39, 40 and 55, Sub Sl:'ction (1), 66.

If any matter arises in connection with any assignment under this Ordinance not provided herein Application to Judge tCii rescind resolution passed at creditors' meeting" Delegation of power to Inspectors. Reference to Judge Cor direc tions as to

matters not provided for. Security by assignee. This Ordinance not to Interfere with Insolycncy laws. Mode of reglstratlon oC assign ment.

Sec. 13 of Bills of Sale Ordinance amended. 28 ASSWNMEN'1' FOH BENFIT OF CHElH'1'OH~. such matter may be referred summarily to a Judge of the 'l't l'1'itorial Court or Police l\Iagistrateby the assignee, or the inspectors, or by any creditor for an amount of one hundred dollars or more and upon such application such Judge or Police Magistrate may give such directions as to notifying other parties and as to other matters as he n·ay think propert, and may make such order as he Iliay think fit, including the costs of the application. 67.

At any time after an assignment is executed, the assignor, the inspectors, or any creditor, fOr one hundred dollars or more, may apply to a Judge of the 'J'crritoria I Comt or Police Magistrate to fix the secm·j ty tc· be given by the assignee for the faithful performanc~ of his duties as such assignee, and for accounting for an llIoneys and property coming to his hands.

If such order a~ is made by such Judge or Police Magistrate is not cHrried out by the assignee, such Judge or Police :Magi.~ tr·ate may remove him and appoint some other person i 11 Lis place, and such order appointing a new assignee ma~' be registered as provided in

Section 25 for the registra tion of a resolution of creditors, and with the same effect. 68. This Ordinance is not intended to interfere with the insolvency laws which may from time to time be in fm'ce in this 'l'erl'itory, but this Ordinance is intended to IJt subject to such laws. (i~). The registration of an assignment under the ]I1"1I"isiol1s of

Section 14, and a copy of a resolution of netlitol's under the provisions of

Section 25, and Of :I copy of an order under

Section 28, shall be effected by filing said documents in the respective offices mentioned iu said sections. 70. ~ection 13 of the Bills of Sale Ordinance, being

Chapter 7 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by striking out all nu.> words after the word "distinguished" in the fourth line thereof.

'l'H~ CO~II'ANmS OmnNANt.)E, A~lENl)!\ll~~'r. 29

CHAPTER 2 AN ORDINANCE TO AMEND CHAP'fER 18 OF 'fHE CONSOLIDATED ORDINANCES, 1914, BEING "THE COMPANIES ORDINANCES." [Asscnt'ed to June 28th, .mw.] The Commissioner of the Yukon TeL"l'itory, by and with the advice and consent of the Council of the said 'fel'ritory, enacts as follows: 1. Sub-Section (

a) of

Section 11 of

Chapter 18 of the Consolidated Ordinances, 1914, is herehy repealerl. Sub Sec. (a), Sec. n, Cap. 18, Consolidated Ordinances, repealed.

Rule 554 amended. Interest may be allowed by Court In certain cnses.

CHAPTER 3 AX ()I:DI~A~CE TO .·UJE~

J) THE JT;VH'ATUUE OHDI:XA~CE, [ .. :lssentcd to ,llIne .28th, 1!J /(j,] The ('olllluissioner of the Yukou Territol".", It." and with the adviee and consent Hf the Couucil of tIlt' sai(1 'l'enitol"Y, enacts as follows: 1.

Sub .. sction 1 of Hule 554 of the Hules of ('Ol1l't is herehy alll~llded hy striki Ilg out the word ,~ ~ o"elll hpl' ., in tIll' second line thel'cof au(l illsel-tillg in liel1 tlH'rpof the worll "December." ') ~l1h"8pctioll "(1" of Hedion ~ of said BlIle u54 is hel'eh," HUH'ntlec1 11." striJdn~ 01lt the WOl'(1~ '~Ht its Ilis netion ,. in the secOlHl and tlli1'(1 lil\l.'s thpl'eof all(1 insl'I't.· in~ in liPI1 HH'rellf the W01'(l:;; "or H .Jl1dge," 3, ~edioll 10 of said Ordinance i:-,; <I 11 ll'IHle(l hy H(lding: thNt'to the follo"'ill~ sl1l1"seetioll: 1-1-, III :'J(lllitiou tD tlw ('asPS in whid.l intel'('st is h~' law )lH."ahle ot' nl<l~' It." law he :1110,,"(>(1, tlw COlll't lIIa~' in all l'HSeS whel'e, in the opinion of the ('OUl't, tl11' pa."lIwn t of a jl1st tleht has lteplI inl]II'opel'ly witl.lheld, and it seems to the COl1rt fail, ilud eqnitnhle that the PaI't." in (lefHl1lt s1101I1(1 1\I,ll,t~ make compensation h~' the pa."lIwnt of )utl'l'l'st, allow interest fO\' );\/('II tillle Hwl at sl1eh l'atp as the ('O\1l,t l1la~' think J'ip;ht.

CHAPTER 4 AN OHDIXANCE 'ro A)IESD THE LH~COH LICEX~E OB-DIN ASCE, [A.ssented to '/'11 11,(' 28th, 1!J W,] '!'h"e COlllmissioner of the Ynkon 'I'el'l'itory, hy and "'ith the advice and consent of the Council of the sai(l 'I'l~l'\'itOl'y, enacts as follows:

Section 53 of the Liqnol' License OI'(linalH.:e is hereh,'· l'ppeale<1 and the following suustitntcII theretol': 53, No sale 01' other flisposa I of Hq n01' shall take place in m' upon any licensed premises whel'e JiqnOl' is sold h~' retail, or frOll 01' out of the same (save as is hereafter provided) fl'OllL the hour of twelve o'clock III id night OIl Saturday night until six o'clock on the )Iollday lllol'ning thereafter, nOl' Oll any other da~' uetween the hours of twelve o'clock lIIidnight and six o'clock in the U1ol'lling, No sale or other disposition of liquor shall take place on any wholesale licensed pl'emises, 01' fl'OIll 01' out of the same, nor shall an~r such premises ue kept open from the hour of seven o'clock on Sat\l1'dCl~' night nntii six o'clock on the Monda~· morning thereafter, nor on any other day between the hours of twelve o'clock Illillnight and six o'clock in the morning, Save and except as to both wholesale and retail premises, in cases where requisition fO!' medical purposes, signed h~' a· licensed medical ]lrHctitionel' 01' 1I,v a licensed druggist, 01' hy Cl In:';ticc of the Peace, is fm'nished the licen!'lee Ol' his agent; nOl' shall any lifJllOl', whether sold 01' not, he New Section.

No sale during prohibited hours. Sale for medical purposes.

Liquor not to be drunk on premises In prohIbited hours. Hotels may sell to bona fide guests at meals between certain hours.

Date of coming Into force. permitted or allowed to be drunk in any slleh plaees during the tillle prohibited by this Ordinance for the .~u le of the same: Provided, always, that in hotels COllll'ellell by law to give meals, liquors may be sold (.lnrill~ lIIen Is on Sundays to the guests bona fide residing in 1"111"h houses between the hours of one and three and five allll seven respectively, in the afternoon, to be drllnk Ht theil· meals at the taLle; but this provision shall 110t Pl'I·IIIit the furnishing of liqnor at the bar or plate whel·(~ \iq \l 01· is usually sold in sneh houses. 2. 'J'his Ordinance shaH come into fOl"t:(~ on thl' 15th day of July, 1916.

CHAPTER 5 AN O]{DJ~ANCE '1'0 PROVIDE FOR A PLEBISCITE OS THE QUESTION OF PROHIBITING 'rHE HALE, DIPOHTA1'ION AND MANUFAC'l'URE 01-' IX'rOXICA'l'ING LIQUOUS IN 'I'HE YUKOX TEUHITOUY. [A8scnkd to JII'ItI: ,~8t;"} l!J.W.] 1I'hc/'(;as J By resolution pa!"scll at the prcsent sessioll of the Yukon Council it was resoJved~ that un Ordinancc be passed at this session of thc C011ncil proyilling for Lt plehiscite to l,e submitted to ,the .~Iedors of the Territory Ht the earliest convenicnt .late, to he selccted hy the Omlruissioner, to detel"millC' if the 'majority of said dedors ure in favol' of prohihiting the saIl', illlpOl·tation and IIIanufact11re of intoxicating' 1iq110)'S fill' heverage p1Jl'poses ill the Tel'rito .. ,}' after the 14th .lay of July 1917, awl without further legislation hy the UOllncil.

The COUlmissioner of the Ynl,on Territory, hy mal "'ith the advice and COllsent of the COllncil of the said '/\.l'I'itOl''y, theJ'efol'e ennds as follows: 1. Th:s (h·dinauce lll.l.ly he cite(l as the" P)'ohibition

Short Title, PlelJiscite Ordinance." :.!. ,The expressions" Heturniug Officer," "Election Cle)'k/~ "Deputy Heturn,ing Office)'," and "Poll Clerk,'~ ",he)'eYer used hel:eln shall 'i'espedively lIIean and include the ]{etm'ning Officer, Election Clerk, Depl1ty Returning Ofticel' and Po]] Clerk respectively for each Electoral District )-efel'1'ed to in tLlis Ordinance. Interpreta tion.

Meaning oC Affirmative" and "Nega tive" sides. Proclamation for taking "Vote. Returning Officer to be Ilamed. GattI' of office' J)y Returning ~fficer. Polling Divisions.

Deputy Returning Officers to be appointed. 3-1: ORDINANCI~ TO PUOnDI~ IWU PLI·:mSCI'fIo:. (2) 'I'he expressions" AffiL'mative sWe " and" N ega tive side," wherever used in this OL'dinance, shall mean and include The People's Prohibition ~lovement of the Yukon Territory, and Anti-Prohibitionists respectively. 3. 'l'he Commissioner shall by Proclamation appoint such convenient date prior to the 1st day of SeptemueL', 191(;, as he may select, to be' stated in the Proclamation, and which date shall not be less than thirty days aftel' the making of said Proclamation, upon which a vote of the electors of the Yukon 'l'enitol'Y shall be taken to deteL'luine whether a majority of the electors voting at such plebiscite are in favor of prohibiting' th~ sale, ilUl'Ol' t •• tion and manufactul'e of intoxicating liquors for bevel' age purposes in the Yukon Te1'l'itory afteI' the 14th day of July, 1917. 4.

The said proclamation shall name a HetUl'uing Officer to hold a plebiscite of the electors under the pro visions of this Ordinance fOl' each of the several Electol'nl Distl'icts established and provided in and hy

Chapter 2~ of the Consolidated Ordinances Bespecting' the Council of the Yukon 'l'el'ritory. 5. "'he, said Heturning Officei' forthwith aUei' the publication of said proclamation and befol'e taking' auy actiou under this Ordinance shall take and sulJscrihe bef.ore a Justice of the Peace or Commissioner for 'l'aking Affidavits in the Yukon Territory the oath of office 8et 'out in Form" A " in the

Schedule to this Ordinance, and said oath sha n be forth with filed with the Tel'l'itol'ia 1 Secretm·y. (i. The Conllui~sioner lllUY divide each Electul'ui District into as lllany polling divisions as he lllay deem necessary fol' the plll'pO~eS of sllch plelJisdte. 7. 1"01' the purpose of taking the votes at such plebiscite the Hetmning Officer shall, hy wl'iting oYet' hi8 ~ignnture, appoint a Deputy Uetul'lling' Officer for eaca polling place and sha It thereby req nil'e the Depll ty Hetllrnillg Officer to Opt'll and hold a poll Ht such polling

OUDlNANCE TO PROVIDE ~'OR PLEBISCITE. 35 uivjsions at the time and place fixed by the notice provided by

Section 17 of this Ordinance to be given. S. The Returning Officer shall, with all reasonable IJl"Omptness after the publication of the proclamation by the Commissioner,-

(1) Provide suitable and conveniently situa tell buHdings for nse at polling places;

(2) Procure 01' cause to be procured as many bQxes (hereinafter" called ballot boxes) as there are polling places in the district;

(3) The ballot boxes shall be Illade of some dUl"aule material, shall be provided with a lock and ke~' and shall be so constrllcted that the ballot paper can be introdlH.:e,l therein and not withdrawn therefrolll unless the box is nnlocked;

(4) The name and nnllluer of the polling place at which the ballot box is to be used shall l,e plninly painted or otherwise securely marked thel'eon, so that if lllay be" easily distiIJ."guistted from the-:::bgUpt Il.ox fO!' <.lily other polling place; Returning pro"lde Officer to polling places and ha lIot boxe3.

(5) If the Heturning Officer fails to furnish ballet Penalty. hoxes in the manner herein provided he shall incu!' a Pl'lHllty of one hund,red dollars in respe.:..'t of e\'tH'~' hallot box which he has failed to fUl'nish in the IIHl!llWI' prescribed. 9. Upon the day fixed by the COllnnissiulll'l' tlw Dl'pnty HetUl"lling Officer shall open the poll at uilll' o\'lock in the forenoon and shall keep the sallle opell until five o'clock in the afternoon.

The Heturning Officel' shall provide a bnllot box, a sufficient num her of ha not papers, and the necessary material to lIIark the hallots for each Deputy Heturning Officet'o 10. The Betmning Officer shall, llpllll l"l'qne:,;t, flnnish the (lnly appointe(l Hg-ent for hoth the :!ith'l1I:ltiw Hour t)pen Ing (lnd c1o~lng poll. Ballot \la['<r~" RC'tul'.'"!tn,; ()fi',-·~t· Id) ftll'ntsl, IL,l of D~plltie::l.

Appointment ot Election Clerk. Duties of Election Clerk. Oath by Election Clerk. Election Clerk, acting as Returning Olflcer, ~ub ject to like penalties. Appointment "r Poll Clerk. 36 ORDINANCE TO PROVIDE }'OR PLEBISCITE. and negative sides with a list of the Deputy Retul'ning Officers throughout the district. 11.

The Heturning Officer, by a warrant under hil$ hands in Form "B" in said Schedule, 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 Olerk. 10) 'L'he Election Clerk shall assist the Heturning Officer in the performance of his duties, and act in his stead as Returning Officer whenever the Returning Offief-'l', after appointing such Eleetion Olerk, refuses Or is ll11ahll! to perforlll his duties.

(2) All the provisions of this Ordinance in reg-l.H'll to Hetul'nillg- Oftkel's shall apply to Election Clerks llt,tin;.!.' as such Hetul'ning Officers. (3) ~L'lIe HetUl'ning Officer or Elediou Clcl'k ;.;h .. 11l not aet as Deputy Hetul'lling Officer 01' Poll Clerk in any po11ing place. la. 'l'he Election Clerk, befOl'e actillg as snch, shal1 take the oath of office ill Form "C" in said Sche(lule hefore the Returning Officer or any person authorized to H(llllinister all oath ",Hbin the 'L'el'l'itory; and a certificate as in Form "D" in saitl

Schedule of his hrlving taken sHch oath shall he delivel'ed to him by the person before whom such oatb is taken, which he shall cause to he for w;lI'ded to the 'l'cl'l'itol'ial Secretary. 14. 'L'he Election 0lel'k, when acting for Or in the stead of the Hetul'ning Officer, shall be subject tu like penalties as the Heturning Officer for violating any of the provisions of this Ol'dinance, hnt this shall not relieYe the Returning Officer fl'Olll any pena.lties to which Ill' lIlay 1'(~l\(ler hinlself liable. . Ui. Tbe ])epllt~' Hetul'ning' Officer shall, before the hour rOl' opening the poll~, llppoint, iwer his own signa tm'e, a Poll Clerk, to a~sist him in taking- the vote, 01' to

ORDINANCE TO PnOVlDE FOR PL"~BlSCI'l'K 37 act in his stead, if necessary, with all the powers and liabilities of the Deputy Returning Officer;

(2) Each Deputy Returning Officer and Poll Clerk shall be and have all the powers of a Constable dU'l'ing the day of polling. Deputy Returning Officer and Poll Clerk have powers of Constable. 16. 'L'he Deputy Returning Officer and Poll Clerk Oath by d . th Deputy shall, before entering on their respective utIes, take e Returning oath in Form" E" in said Schedule. Such oath may be. g:feCI:r~~' taken before the Returning Officer or any person authorized to administer oaths within the Territory. 17.

At least ten days before the date fixed for the taking of the vote hereunder the Returning Officer shall provide and cause to be posted up in at least six· con spicuous places in the immediate neighborhood of each polling place in his Electoral District, a proclamation in Form "F" in said Schedule, in which proclamation shall be -set forth,- (

a) The place 01' building at 01' near which the poll will' be held; (

b) The date when the polls will be open at the several polling places, and the time during which the same shall remain open for the purpose of receiv ing the vote. 18. The Returning Officer· shall also cause to be posted up near to the aforesaid proclamation, and at the time of posting up said proclamation, copies of Forlll " G" in said Schedule, containing the information to electors; and the Deputy Returning Officer shall cause to be posted up a copy of said Form "G" outside the door of, and also within, the polling place on the polling day. 19. The said vote or plebiscite shall, subject to the provisions of this Ordinance, be conducted in the S3me manner as is provided by

Chapter 28 of the Consolidated Ordinances, 1914, respecting elections, and the provisions of said

Chapter 28, as to dealing with and the secret marking of ballots, corrupt practices, and penalties, and Notice of time and place of taking vote by Returning Offtcer. Informatlon to Electors. Provisions of Election Ordinance to apply.

Qualification of voters. Shall not vote more than once. Voters to take and subscribe oath. Names to be entered In Poll Book. Oath of voters to be returned with ballot box. Oath form "J" to be taken If requested by Agent. 3~ ORDINANCE TO PnOnD}~ FOR PLEBISCITg. proceedings after the close of the poil, and in an. othel' respects, shall, subject to the provisions hereof, 1lI11t(ttiS m'tttandis, apply and extend to the taking of and com pleting the said plebiscite or vote_ QUALIFICATION OF VOTERS. 20.

Every natural born or naturalized male British subject of the full age of twenty-one years, who has for a period of not less than twelve months ill1mediatel~- prior to the date of taking the vote hereunder, been a resident of, and domiciled within the Yukon Territory, and who has for a period of one month immediately prior to the said date been a resident of and. domiciled within ·the Electoral District, shall be entitled to vote on such plebiscite, and no other person shall be so entitled. 21. No person shall be entitled to vote, or shall vote, more than once at the plebiscite to be held here under. 22.

Every person seeking to vote sha1l, befol'c re ceiving a ballot paper, take and subscribe. before the Deputy Returning Officer the oath of qualification in Forlll "H" in said Schedule, and no person refuf;ing' to subscribe and take such oath shall be allowed to ,"ote;

(2) The Poll Clerk shall enteI' in the poll book the names of all persons applying to vote, nllll1bel'illg' them (:onsecutively. Should any person applying to vote refuse to take and subscribe the oath of qualification the fnet of such refusal shall be noted opposite his name on the poll book by the Poll Clerk. (3) 'rhe oath which shall be so subscribed and taken by the voter sha]], after the close of the polling proceedings, be placed in the ballot box and returned therewith to the Returning Officer. 23. 'I'he Deputy Returning Officer shall also, on the request of the scrutineer or agent or person acting as such, l'equire any person tendering his vote to take and

ORlHXANCE TO PROVIDE FOR PLERISCYflo~. 39 subseribe the oath in Form" J" in said

Schedule after it has been read over to him in an audible voice. 24; No person shall be permitted to vote who re· fuses ~'hen required by the Deputy Returning Officer or any agent appointed on behalf of the affirmative or nega tive side, to take either of the oaths set out in Forms " H" and "J" in said Schedule. 25. 'L'he ballot papers for the' purpose of voting under this Ordinance shall be in the following form: BALLO'l'. I I 1_______ I Yes. ---""-1 ----··l-· Ballot for Prohibition Plebiscite Yukon Territory.

IAre you in favol' of prohibit·j ling the sale, importation andl Imanufacture of intoxicating I lliquor for beverage purposes! lin the Yukon 'L'erritory? I I I No. 26. 'l'he ballot papers shan be prepared by the Returning Officer. 26a. 'I'he affirmative side anll the negative side shall each appoint a representative, who shall file his credentials with the Deputy Returning Officel·. 27.

Each representative of the affirmative side and the negative side shall he entitled to be represented at each po1ling place by an agent, who shall pl'odnce to the Deputy Ueturning Officer his appointment as agent, signed by the representative, which shall he filed by the Deputy Returning Officer.

(2) In the absence of such appointment, or should no such appointed agent be present at any polling place, two electors present and voting at said election may represent the affirmative and negative sides respectively at such polling place; . Person refusing to take oaths "H" or "J" not allowed to vote. Form ot ballot. Ballot pal)~r to be prepared. Representa tive ot eacll side to be appOinted. Representa tive rna~' be represen ted b)' Agent. Two Eiectom may act iD. absence .o! Agent.

Scru.tlneers to be appointed. Who may be present In polling booth. Ma.rklng of ba.llot. Certificate of vote io be given by Deputy Returning Officer. Return to be made hy Returning Officl'r. Publication (Jf result of vote. If majorlt~' In affirma tIve, Com missfonel' to memorialize Governor in Coundl. 40 OnDINANCE TO PnO\'IDE FOR PLEBISCITE.

(3) Any such agent or represen.tative shall have the right to appoint over his signature not exceeding twu scrutineers to act on behalf of the affirmative and the negative sides, respectively, at the poll and during the proceedings after the closing of the poll. 28.

In addition to the Deputy Returning Officer and his Poll Clerk, an agent or representative and a scruti neer for each side, or, in' the absence of such agent or representative, two scrutineers for each side, a peace officel', if his sel'vices are required and not otherwise, and the voter actually engaged in voting, and no other, shall be permitted to remain in the room where the ballot box is situate at the polling place. 29.

An affirmative vote on the question shall be made by writing the letter" X" under the word" Yes," and the negative vote shall be made by writing the letter " X" under the word" No " opposite the question on the ballot paper. 30, Aftel' summing up the 'Votes the Deputy Return ing Officer shall furnish the agent for both the affirmative and negative sides with a certificate of the number of the affimllative and negative votes, respectively, and then place all ballots. poll books, and oaths in the ballot box, seal up the I-I<lme in the presence of the agent and retnr'n to the Uetlll'ning Officer, together with a written state ment of the vote for and against. 31.

The Hetmning Officer shall within fourtecn days aftcl' the day on which the plebiscite is held sum up the result of the returns of all the Deputy Returning Officers and llIake a l'etm'n to the Commissioner of the re~nlt of thc plehiscite . 32. The Tel'l'itol'ial Secretary shall, immediately after receiving the retul'ns of the vote polled, publish a statelllcllt of the resnlt of the vote in one issue of the Official Gazette. 33. If a majority of the votes polled arc in favor of prohibiting' the sale, impol'tation and manufacture of in toxicating liquor in the Yukon Territory for beverage

ORIHNANCB TO PROVIDE }'OR PLBIHSCI'rE. 41 purposes, the Commissioner shall, with all reasonable despatch, memorialize the Governor-in-Council on behalf and in the name of the Commissioner-in-Council of the Yukon 1'erritory, for the enactment Or passage of legis; lation or order-in-council prohibiting the sale, impor tation and manufacture of intoxicating liquors in the Yukon 'l'erritory for beverage purposes from and afte.· the 14th day of July, 1917. 34. On polling day no intoxicating liquor shall be sold before the hour of six o'clock in the evening, and any person contravening the provisions of this

section shall be subject to a fine of not exceeding $500.00, with costs, or to imprisonment for a term not exceeding six months, or both. SCHEDULE. FORM: "A." Oath of Returning Officer-Sec. 5 . . 1, the u~dersigned, Returning Officer for the Electoral District of for the prohibition plebiscite now about to be held, solemnly swear that I will act faithfully in that capacity without partiality, fear, favor or affection. So help me God. Returning Officer. Swol'n before me at in the Yukon Territory, this day of A. D. 19 Signature of officer administering oath. No sale of liquor on polling da.y.

42 OIU)JNANm~ TO PnOYlDJ:: ~'on PLJ::BISCl'l'E. FOR~I "n." Appointment of Election Olerk-Sec. 11. To (set forth his residence and addition.) Know you that in my capacity of Heturning Officer for the Electoral District of I UO hereby appoint you to be my Eletion Olerk to act in that capacity according to law at the prohibition plebiscite now about to be held for the said Electoral District nudei' the provisions of 'l'he Prohibition Plebiscite Ordinanee. Given under my hand this A. D. 191 FOR)I "C." Oath of Election Clerk-Sec. 13.

I, the undersigned, day of Returning OfficeI'. appointed Election Olerk for the Electoral District of for the prohibition plebiscite now about to be held, solemnly swea.r that I will act faithfnll~' in my said capacity as Election Clerk, and also in that of Heturning Officer, if required to act as such, accol'(ling to law, and without partiality, fear, favor or affl'et.ion. So help me God. Election Olerk. Sworn before me at in the Yukon 'L'erritol'Y, this day of A. D. 19 Signatnre of officer administering' .oath.

ORm~A~CE 'fO PROYWE FOR PLElHSCI'n'. 43 FOR:.\I " D." Certificate of oath of office by Election Clerk-Sec. 13 . . I, the undersigned, hereby certify tbat on the A. D.191 , the Electoral District of day of Election Clerk for took and subscribed before me the oath of office reiqured in such case of an Election Clerk by

Section 13 of The Prohibition Plebiscite Ordinance.

In witness whereof I have delivered bhp tbis certifi cate under my hand. Returning Officer. 01' signature of any other officer administering oath. 11'010,1 " E." Oath of Deputy Returning Officer-Sec. 16.

I, the undersigned, appointed Deputy Returning Officer, (or the Poll Clerk, as the case may be), for polling place No. in the Electoral District of for the plebiscite on the question of prohibition, do solemnly swear (or, being a person 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, favol' or affection. So help me God. Deputy Returning Officer. Sworn before me at in the Yukon 'l'erritory, this day of A. D. 191 Signature of officer administering oath.

44 ORDINANCE TO PRO\'IDE FOIt PLEIHSCrrE. FORM: "l~." Proclamation by the Returning Officer-Sec. 17. Public notice is hereby given to the electors of the Electoral District of , in the Yukon Territory, that, pursuant to the provisions of the Ordinance in that behalf, a vote of the electors will be taken on , the day of , A. D. 1916, on· the question of .prohibiting the sale, importation and manufacture of intoxicating liquor for beverage purposes in the Yukon Territory from and after the 14th day of July, 1917.

The polls will be open at the hour of nine o'clock in the forenoon of said date and will remain open until five o'clock in the afternoon of the same day for the purpose of receiving the votes of electors. The polls for the several polling places will be held at or near the following places in said Electoral District; Polling place No. 1, at or near in said District. (and so on for each polling place established.) Re~urning Officer. FOlU\:[ "G." Information to Electors-Sec. 18.

Every natural born or naturalized male British subject of the full age of twenty-one years who has been for a period of not less than twelve months immediately prior to the date of taking' the vote a: resident of and domiciled within the Yukon Territory, and who has for a period of one month immediately prior to the said date been a resident of and domiciled within the Electoral

ORDINA~CE TO pnOVIDE FOR PLEBISCITE. 45 District, shall be entitled to vote, and no other person shall be so entitled.

No person shall be entitled to vote or shaH vote more than once. rfhe voter is to go into the compartment provided and, with a pencil provided in the compartment, if he desires to vote for prohibition, mark a cross thus "X" under the word "Yes" on the right hand side of the ballot, and, if he desires to vote against prohibition, mark a cross below the word" No." The voter is then to fold up the ballot paper so as to show the initials of the Deputy Returning Officer signed on the back thereof, and, leaving the compartment, shall, without showing the front of the paper to any person, deliver such ballot so folded to the Deputy Heturning Officer, to be by him put into the ballot box in the presence of the voter, and then shall forthwith quit· the polling place.

If the voter inadvertently spoils a ballot paper he shall return it to the Deputy Returning Officer, who will, if satisfied of such inadvertance, give another ballot paper. If the voter marks the ballot for both the negative and affirmative or places any mark on the ballot paper by which he may be identified his ballot paper will be void and shall not be counted.

If the voter takes a ballot paper out of the polling place 01' 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 $500.00 and costs, or to be iJilpl'isonecl for a term not exceeding one year, or hoth. I<'OR~1 " H."

Sec. 22. I, of in the Yukon rrel'l'itory, do solemnly sweur that I mll a nutm aj horll (01' naturalized) male British subject of the fn11

4(i 01tI)(XA~Ct: TO PItOnllE [.'lilt PU~Bl~CI'l'J-:. age of twenty-one years. That I have oecn for a period of twelve months illlmediately prior to this date a resident of and domiciled within the Yukon Territory, and that. [ have been for a period of one month immediately pl"i • .ll' to the said date a resident of and domiciled withiu the Electoral District of and that. I have not voted before at this plebiscite at this 01' any other pl,lli .~ place. So help me God. Sworn hefore lIIe at ill the Yukon T(,l"\"it01'~", this dny of A. D. HI Signatlll'p Hnd office of ofticl'r ,ltllllinisteI"illg- tht· OHr'l.

Oath thnt voter has received no hrilte or otltl'r com:ider atiou for his vote.-Sec. :!3. I, do solelllnl~" I'SweHl' that I hay,· lint rcceiwd an,,·thing Jun' has ullythillg' 1Iee1l . .prumise,1 IIlC, HO)' ha\"e I asked for anything, dir(~dly 01' in(lir.eetl,\', either to induce me to vote at this plehisdte or fol' los!' of time, ti'awlling expenses, hil'c of t(~alll Ill' fOI' any other s~ll'Yke cOl1nectec1 therewith, HIlI1 that ill the casting" of lily ,. It!~ I am not impelled 01' influenced hy fear Ill' 11,\' ex p:·ctation of fa VOl'. So help me God.

S\\"OI'n hefore lIle at ill the Y 11 kon Tel'l'itlll'~", tllis <lay of A. D. In

SUPPLY. 47

CHAPTER 6 AN ORnIN ANCE FOR GRANTING '1'0 THE CO)I UISSIONEH CERTAIN SU)[S OF )[O~EY TO DEFRAY THE EXPENSES OF THE PUBLIO SEHVICE OF' 'l'HE YUKON TEHIUTOHY. [Assented to .llIne 28th, .19W.] ll'lwl'eas, It appears by Message from George Black, Esquire, the Commissioner of the Yukon Territory, and in the Supplementary Estimates accolllpanying- the same, that the sums hereinafter mentioned in the

Schedule "A" arc required to _ defray _ certain _ further expenses of the Puhlic Service of the Yukon Territory, aml for other purposes relating- thereto for the twelve months ending "1'1 ardl 31st, 1916. ll'hereas, It appears by Message f1'olll George Black, Esquire, the Commissioner of the Yukon 'l'cnitory, and th~ Estimates accompanying the same, that the SU1II8 hereinafter mentioned in

Schedule "B" to this Ordinance are requirecl to defray certain expenses of the Public Service of the Yukon 'l'erl'itory, and for the purpose~ relating' thereto, for the twelve 1IIonths ending- )lar(;h :31 st, 1!n7, I t is, therefore, hel'eby enacted hy the COlllmissioner, hy ana with the advice and consent of the Council of the Yukon Tel'l'itory, as follows: 1, 1"1'0111 and out of the SUllIS at the disposal of the Yukon ('ol1udl there shall be paid Hnd applied a fm'ther'

48 SUPPLY. sum not exceeding in the whole twenty·eight thonsan(l eight hundred and eighteen doliars and seventy·eight cents, for defraying the several charges and expenses of the PubJic Service for the twelve months ending ;)Iurch 31st, 1916, as set forth in Schedule" A "to this Ordinance. 2.

From and out of the funds at the disposal of the Yukon Council there shall and lllay be paid and appJietl a sum not exceeding in the whole two hundred and sixty eight thousand four hundred and thiL·ty-six dolltus and seventy-one cents, for defraying the several charges awl expenses of the l")ublic Service fm' the twelve lllonths ending )[m'ch :nst, 1!)17, as set fm-th iu ~kllP(lnh' "13" to this Ordinance. 3. The dne application ·of all IIlOuil's l'xpl'1II1cIl shall lw tlnly accounted for.

Further SUlllS granted to tIle COlllltlissiollCl' h,r tIt is Ol,tlinance tor the twelve JIIonths elllliu~ )la n-b ::Hst, 1!)1Ii, awl for the purposes for whil'h tht'y ,\l'I' g"I',lIltl',l, '1'0 tlefl'ilY ad(litionul expenses of the UO\'CI'illllPut of the Yukou Tel'l'itory for the twelv(> lIlouthlo: t'IHliug" ~Iardl 31 st, 1!11(;, as follows: SCHOOL~. DUWl';Oll PlIhlic 8dlOOl .............................. ~ :.!,lit:3.75 Assi!4te(1 ~khools ....... :........................................ 75.0n HOSI'I'l'ALS. CHAItITIEH A~H )'ljHLIC 1-11-:.\1.'1'1-1.

Puhlic Health ..................................................... $ Ontstanding accounts, 1914.-1!H5 .... .. .57 35.30 35,~7 Cnrl'iP(l fOI'w,II'll ................................................... $ 2,7B4'(i~

~UPPLY. 40 Brought. fOl'wm·d ................................................... $ 2,7~)4Ji:! 'I'own of 'Ybitehonse ................................. $. Assay Office, "Thitcl~orsc ....................... . Con ti ngencics ..................................................... . (~m.cross strcet repairs ............................. . Assjst.anc(~ to prospectors ........................ . Rritish Ylllwn Navigation COll1pauy, I'efuntl OIl account 1lli1(~nge tnx-, H)12, Puchlo Spm' ............................. . 505.2G 20.07 ~,4n(i.35 .80 2112.05 580.00 4,804.(i:! Ro.\us ..

RlnJ)GE~ .\~n PrnLIC \VOIU';:S. ilO:1I1s, maintenance ancl 1'cpai1's .......................... . 21,2HI.54 , 28,818.78 SCHF:DULI~ " B." Sums gl'antetl to the COllllllissinuer lIy this Ol'(linuncc fo1' thc twi~lve months cnding- )Im'~h 3'lst l 1!H7, and fol' tll" pm'lltlsPS fol' "'hieh tlwy al'(, grnnte(l To (lefL'ay tIre expenses of the Government of the Ynkon 'l'el'1'itOl',Y for the twt'IYe months ending Mm'eh iJIst, Hll7, as follows: ES'PBIA'I'ED EXPENDITUllE. SALAUlES AXil 'L'lL\n~LJ.INI;.

EXl'I<JNSES. 8alaries ........................................................................ $10,600.00 'l'l'HYclling expenses ....................................... 3,000.00 $ 13,600.00 YUKON .COUNCIL. Tnllemnity and travelling expenses ............................. . 6,550.00 CarJ'icd fOl'wawl ................................................... $ 20,150.00

50 SUPPLY. Brought fonv<trd ................................................ $ 20,150.01) SCHOOLH. ~dlOOls gellerally ............................................ $ 4,670.00 ])awsoll Public ~ch-ool .............................. 26,316.00 St.

Ual'Y's School ............................................. 6,600.00 Whitehorse School .......................................... 10,125.00 Assisted Schools ................................................ 9,125.00 56,836.00 HOHI'I'l'ALf-;, CHAUI'l'IES ANI) PUBLIC HI~AL'l'H. (;ood SalllaJ'itall Hospital ........................ ~11,000.00 St. ~[ary's Hospital ................................... 11,000.00 Whitehorse Gellel'al HospitaL............ 4,000.00 Puhlic Health ...................................................... 3,UOO.OO ~a]ary, Medical' Hcal th Officel', Dawsoll ............................................................ ] ,:!OO.OU Salary, Assistant )[c(lical Health Officer, WhitchHl'se ..............................

CilIIUIII Salary, Slaug:htel'house Ills]Jector...... 1,:!OO.OO ~lIIallpox epidemic, 1911, to CUWl' outstanuing accounts ........................ 1 ,47B.'47 Outstaudillg accolluts, illdigClltS......... 288.00 Whitchorse Gellcral Hospital out- stanuillg accounts (collstrutioll) .4,000.00 Purchase furnitUl'e, \Vhitehorse Gen- era] Hospital ............................................. 1,000.00 38,7Wi.47 GRANTS '.fO LIlIltARIES, READING HOO~lS, E'l'C. Dawson Free Library .................................... $ Whitehorse Free Reading Roolll ........ .

Cm'cross Free Healling BoolU. ............ .. )Iuyo Free Readillg Boom ....................... . Yukon Law J~ibrary ..................................... .. 'Vhitehol'se Law Librm''y ......................... .. Yukon Hifte Associat.ion .......................... . 3,400.00 900.00 200.00 200.00 500.00 50.00 300.00 Carried forward ................................................... $115,753.47

SUPPLY. 51 Brought forward ................................................ $115,753.47 I. O. D. E., Yukon Chapter, to fence aUlI repair 'Yhitehol'se Cemetery ......................................................... $ 300.00 City of Dawson, J.,iquor. Licenses 14,300.00 Oity of Dawson, Streets alld Side- walks .................................................................. 5,000.00 MISC~~LLANEOUS.

Prev.entive ~ervice .......................................... $ 'I'own of 'Yhitehol'se ........... ; ....................... . 'l'crl'itorial Agent, Whitehorse ........... . )Ju in tenunce, 'l'el'ri tOl'hll Assay Office, "Vhitehorse ............... : ............. . Printing and Stationery .......................... . . COlltinge~cies ...................................................... . Subsidy to Side Streams, 10 trips to )Jayo via· Scroggie .................... . )[uholley & 'l'oliuie, r.efund account Liquor. License ...................................... .

Leg-al service, Plebiseite Ordinance '1'0 provide for plebiscite 011 pro- hibition ........................................................... . Cat'cross street. repairs and pur- chase hose ..................................................... . Diamonds for diamon~l drill ................. . 8::>0.00 . 7,2G9.00 300.00 4,180.00 3,000.00 3,000.00 3,000.00 5G2.50 50.00 5,000.00 150.00 2,694.94 25,150.00 30,056.44 ROADS, 13IUDGES AND PUBr~IC '~'ORKS. M:AINTENANCl~ AND RBl'AlllS.

Glaciel: winter road via Swede ......... $ 1,500.00 Glacier ·summer road, including sum of $400.00 to be applied .on the Sixty mile and 'l'enmile roads ............................................................. : ... . 8ullnydale road .................................................. . Dawson-Ogilvie Bridge road .............. . Ogilvie bridge, repairs ................................ . Dawson cable fe1'l'Y ...................................... .

Dawson-Fortymile winter road ........ . 3,000.00 200.00 1;200.00 4,000.00 3,500.00 500.00 Oarried forward ................................................... $170,959.91

52 ~UPPLY. Brought fOl'wm:d ................................................ $HO,!t5!Un ~[oosehide trail ................................................... 200.00 Bonanza, Eldol'ado, Caldcr and Quartz .................................. ! ........................... . IIH1ian to Stewart road ............................. . ~tewart to Pelly ................................................ . El1rel{a ]'oad ....................................................... " Barker Creck road ....................................... . Thistle Cl'c('k road ........................................ ..

Hendel'son Creek l'ond .............................. . Hig·lIt Fork Scroggie l'oa(1 .................... . Kil'lmulU Creek l'onrl ................................. . ITllllker-])olllinhin 1'4)al1 ........................... _. Sixt)'milc and 'renlllile I'oads ................. . nonle·~ull)hur 1'0lul ...................................... . Klondike road ..................................................... . UpJWr StPWHI.t Distrkt l'onfls .............. . Mayo to Black Creek 1'oalL. .................... . Dnncan Cl'pek 1'11:111 ..................................... ..

Plat C1'cpk to )linto :Lnke ...................... .. BI:1ck CI'(,l'I~ to Gah']w 1'0:1 cL .............. . l:alllhlel' Hill pack t.l'aiL .......................... . Bpar Cl'c('k road ............................................... . Pelly to Ynkoll (j1'osl';in~ l'oacL. ........ . Ynkon Cl'ossing to "-hitehol'se ........... : 'I'nk 11 i 11 i fpl'I'Y ..................................................... . Kll1alle 1'41:\11 ....................................................... .

Liyin/!stOlH' Cl'eek roall .......................... . j'lwhlo, Ol'after mll1 Kprillg" Crpek 'Yhentol1 District l'oads .......................... . Alla('olllla anll ,ral' Eag·le I'Oac1R .... . Xanscn ('1'1'1'1.: 1'11;1(1 ...................................... . Ontstanding: accOllllts, 1915-1916, Livillgstonc and .Tohnson Creek l'clHrlS ................................................................. . C;u'e of tlll'ce' fel'l'ies ................................... .

FCl'I'ies, 1IIailltmlHllcP anll repairs .... .. \Yint<'l' roadl'; ........................................................ . ]{cntd contillgencies ...................................... . 4,000.00 3,000.00 2,000.00 300.00 ·300.00 300.00 300.00 1.,000.00 1,000.00 10,000.00 300.00 4,000.00 4,000.00 3,500.00 3,000.00 1,000.00 3,000.00 10,000.00 100.00 500.00 500.00 "7,000.00 (i50.00 1,000.00 500.00 1,500.00 1,000.00 :!50.00 500.00 1,129.50 1,500.00 500.00 10,000.00 5,747.30 H7,47G.SO $2fiS,4:lfi.71

SUPPLY. 53 In the event of tttere being a surplus of monies standing to the credit of any item voted for Roads, Bridges and Public Works, after the construction or repairs provided for Iiave been completed to the satis faction of the Superi1\.tendent of Public 'Vorks, such surplus of monies shalJl forthwith, on the acceptance of such work or repairs ~ the Commissioner of the Yukon Territory, be taken from the said item and become part of and be added to the amount provided for contingencies to such RQads,. Bridges and Public Works, and shall thereafter be at the disposal' of the Commissioner of the Yukon Territory for Roads, Bridges and Public WorkS.

55 INDEX TO ORDINANCES OF 1916 Page. A~§!GNMENTS FOR BENEFIT OF CREDITORS. "Creditora' Trust Deeds Ordinance," C. 1 ............. . i),pplications to Court ..

Compelling publication and registration, S. 12........... 4 Directions, reference to Judge for, S. 66 ............... ·. 27 Discharge of Assignee on filing accounts, S. 68......... 24 Order to prove claims, S. 31 (c)......................... 10 Rescission of resolution of creditors, S. 64 ... ·............ 27 Reference' for directions, S. 66 ............ :............. 27 Removal of Assignee and appointment of new Assignee, S. 27 ............ ...................................... B Registration of order for, S. 2B......................

B Suits by creditors, S. 52.................................. 19 Arrest of Assignor, S. 50...................................... IB 4ssignments. 'Amendment of ,by Judge, S. 6........................... 2 Application of Ordinance, S. 31.......................... 9 Company, by, S.

B (2)................................... 3 Dating of, S. 5.......................................... 2 Description of property in, S. 4 ........................ :. 2 Land, effect of registration of, on, S. 14................. 4 'Notice of, S. 7 ......... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Omission to publis~, effect of, S 13................. 4 Penalty for not publishing, S. 9......................... 3 Precedence of, S. 14 (2) ................................ 4 , Registration of, Ss.

Band 69............................ 3, 2B Effect of, on land, S 14 ............................. . Mode of, S. 69 .... , ................................... . Vali~ity of, S. 3 ................................... , ..... . Vesting, effect of, S. ,42.; ............ , ................. .. Assignee. Accounts of, S.' 43 ..................................... . Audit of, S. 58 ... ' .. ' ........ ;' .... " ................. . 4 2B 1 16 16 25

INDEX. Page. ASSIGNMENTS FOR BENEFIT OF ell EO ITORS-Continued. Assignee-Continued.

Calling of meetings by, Ss. 16, ;¥.! •. ' •..••.•.•..• ,. '" •••. 5, 11 Casting vote by in case of tie,S. 22..................... 7 Contest or claim by, S. 31 (e).......................... 11 Compromise, Dlay, with approv,~t.l, S. 37................. 13 Deposit of moneys by, S. 38............................. '13 Discharge of, S. 58 .................................... ;... 24 Fraudulent contracts, etc., Dlay s,ue for rescission of, S. 51 19 Jurisdiction of Court over, S. 63....................... 26 Meetings to be called by, Ss. 16, 32..................... 5,11 Money, deposit of, by, S. 38............................. 13 Penalty, neglecting registration or publication, S. 10.... 3 Recovery of, S. 11.................................... 4 Qualifications of, S. 41.................................... 14 Refusal to transfer by, order compelling, S. 29......... 9 Removal of, by Judge, S. 27............................. 8 Order for, to be registered~ S. 28................. 8 Remuneration of, S. 33.................................. 12 Security to be given by, S. 67.,......................... 28 Trllnsfer of estate by, to other p'erson, S. 23............ 7 Resolution of creditors for, S. 23.................. 7 Remuneration of original Ass;gnee, S. 24...... ....... 7 Assignor.

Arrest of, S. 50 .................. ,......... ........ ........ 18 Compensation to for services, S; 46 (2)................ 16 Committing for refusing to nns-WCr qucstions, 'S. 48 (4) 17 • r Examination of, S. 48 ...................... ,.............. 16 May be by counsel, S. 48 .(3)........... . . . . . . . . . 17 Time and place of, ·S. 48 (2)......................... 16 Information to be given by, S: f~........................ 15 Payment by, within ]0 days of' assignment, S. -39, . . . . . 14 Penalty, neglecting registration or publication; S. ,9..... 3 Personol and p'a'rt'nership debts of, S, 20................ 6 Retention of portion of estate b¥, forbidden, S. 47.,..... 16 Bills of Sale Ordinance amended, S. 70 ................... ,. 28 Claims.

Contest of, by Assignee, S. 31 (e)....................... 11 AdW:ess for service of writ, S. 31 (f).............. 11 {;laim not yet due moy he proved, S. ]8................. 5 Interest for, S: 31 (g); S. 17 (\!) ....... '" .............. 5,11 Negotiahll~ instruments ns security, S. 31 (b)........... 10

INDEX. 67 Page. ASSIGNMENTS FOR BENEFIT OF CREDITORS...;..continued: Claims-Continued. Order to prove,· S·. 31 (c).: ...... ·...................... 10 Partnership and personal debts; S. 20 ............ :....... 6 Personal and partnership debts, S. 20................... 6 Proof of, S. 17 ...............•.......•....•... ,.......... 5 Purchase.r of, not to vote, S. 61 (3) ...........• · ... :.... 26 Security for, statement of, S. 31· (a) ....... " ...... , " 9 Set off, against, S. 19..................................... 6 Compromising Debts. Assignee may, with approval, S. 37..................... 13 Contracts.

Disclaimer of,. S. 55 ........... ·............................. 22 Fraudulent, Assignee may sue for rescission of, S. 51.... l!) &scission of, if fraudulent, S. 51....................... 19 Creditors.

Authority of, to sue, S. 52................................. 19 Estate, disposal of, by, S. 53 ........ :................ 20 Pebtor-See "Assi~or." Debts; compromising ........................................ 13 Deposit of moneys by Assignee, S. 38......................... 13 Discharge ·of Assignee, S. 58 ........................... :..... 24 Disclaimer by Assignee, S. 55................................ 22 Dividends unclaimed at time· of discharge of Assignee, S. 66 24 Payment of, S. 44· ........... · ...... : ........... ,........... 16 Estate, Assignor, examination of, as to, S. 48.................. 16 Balance of; after payment of claims, S. 57............... 24 Deposit of moneys, S. 38 .... ·............................ 13 Description of, S. 4 .. ; ................• ; . . . . . . . . . . . . . . . . . . . 2 Disposal of, S. 53........................................ 20 Examination of Assignor BS . to, S:' 48 ............... ,.... 16 Examination'· of other ·persons, S. 49.................... 17 Info~mation BS to, by· Assignee, ·S.·46.................... 15 Interest belongs to, S. 45 ,............................... 16 &tention of, by Assignor, S. 47......................... 16 by other persons, S. 49.................... 17 Solicitor for. appointment of, S. 40....................... 14 ·Transfer . of,. when Assignee. refuses, S. 29.............. 9 Resolution for, at· first meeting; S.

"23.................. 7 Evidence .. Verified copy· ·of .resolution, S. 30......................... 9

68 INDEX .. Page. ASSI~NMENTS FOR BENEFIT OF CREDITORS-Continued. Examination. Assignor, of, S. 48...................................... 16 Other persons, of, as to estate, S. 49................... 7 Insolvency Laws. Effect of Ordiilllnce on, S. 68........................... 28 Inspectors. Appointment of, S. 34 .................................. 13 Delegation of powers to, S. 65............................ 27 Interest. Claim for, S. 31 (g)...................................... 11 Property of estate, S. 45.................................. 15

Interpretation, S. 2.......................................... 1 Land-'Effect of registration on, S. 14........................ 4 Leases. Provisions as to, S. 54....................................... 20-22 Meetings of- creditors.

Calling of, Ss. 15, 32................................... 5, Il Casting vote at, S. 22.................................... 7 Procedure at, :;;. 60... ...................................... 25 Chairman to decide, S .. 60 (2)...................... 25 Time and place of, S. 59.:............................. 25 Votes at, Ss. 16, 60......................................... 5,25 Calculation of, S. 21................................. G Casting vote, S. 22................................... 7 Minutes of proceedings, S. 60 (3)....................... ..... 25 Notice.

Assignment of, S. 7...................................... 2 Order for, publication of, S. 12.......................... 4 Penalty for neglect to publish, S. 10.................... 3 Penalty. Assignee neglecting to publish or register, S. 10........ 3 Assignor neglecting to publish or register, S. 9 .. ,...... 3 Recovery of, S. 11...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Refusal by Assignee to transfer, order compelling, S. 29... 9 Registration.

Assignment of, S. 8 .................... · .. · .. ·· ...... ·.. 3 Companies, in case of, S. 25, (2) ............ ;........... 8 Lands, effect of, on, S. 14, (1) ......................... 4 Lien, subject to, in certain cases, S. 14, (2)............ 4 Mode, of, S. 69 ................................. : ... ·...... . 28 Order for, S. 12.......................................... 4

INDEX. 69 Page. ASSIGNMENTS FOR BENEFIT OF CREDITORS-Continued. Registra,tion--.:continued. Order for removal of Assignee; S. 28.................... 8 Penalty for neglect to, Ss. 9-10.......................... 3, " Precedence over judgments, etc., not completely exe- cuted by payment, S. 14, (2)........................ 4 Resolution, of, S. 25..................................... i Resolution.

Creditor to have copy Illfliled to, S. 26............... 8 Evidence of, S. 30........................................ !I Rescission of, S. 64...................................... 27 Transfer of estate by Assignee, for, S. 23. ................ i Verification of, S. 25..................................... 7 Remuneration. Assignee to receive, S. 33 ..................... ,......... 12 Assignor to, for services, S. 48........................... 1.': Transfer of estute upon, S. 24 ........ :................. 7 Salary. Priority of, Ss. 35, 36 ......... .'........................... 13 Set-off.

Law of, applies to claims, S. 19.......................... 6 Shares. Disclaimer, S. 55 ......................................... 22-24 Shcirt Title, S . .1.............................................. 1 Solicitor to estate, S. 40 ........................ ' ............. 14 Transfer-See Estate. Mode of, where Assignee refuses, S. 29 ............. ,... 9 Voting. Assignee or partner not to vote, S. 61, (4)............ 26 Creditors' meetings, at, S. 16 ...... '. ... . . .. . . ... .. . .... . 5' Creditor may vote after claim proved, S. 61........... 25 Wages.

Priority of, Ss. 35, 36..................................... 13 COMPANIES ORDINANCE. 'Repealing, S. 11, Sub-sec. (a)........................... 29 JUDICATURE ORDINANCE. Amending Rule 554, Sub-secs. I, 2....................... 30 Amending Sec. ]0 ...................................... ,'. 30 Interest, Court may allow, in certain cases............ :>0 LIQUOR LICENSE ORDINANCE. New

Section 53............................................ 31 Prohibited hours changed ............................ .. ~l

~NJ;>.E;X. Puge. PROHIBITION PLEBISCITE ORDINANCE . .. Affirmative Side," meaning of/ S. 2, (2)................... 34 Appointment of representative by, S. 26a.............. 39 Elector to act iD absence of, S. 27, (2).................. 39 Agelit for parties. Appointment of, Ss. 26a, 27 ............................. , 39 Scrutineers, appointment of, by, 8. 27, (3)............. 40 Ballot.

Form of, S. 25............................................ 39 Marking of, S. 29........................................ 40 'Returning Officer to prepare, S. 26....................... 39 to furnish, S. 9........................ 35 Ballot Boxes. Returning Officer to fumish, S. 8....................... 35 Name Hnd nUlllber Oil, S. 8.............................. 35 CerLificaLe of voLes polled Lo be given, S. 30................ 40 Deputy Returning Officers.

Appointment of, S. 7..................................... 34 Duties, of, Ss. 9, 17, 18 ..................... ," ........... 35, 37 Information to electors to be posted by, S. 18............ :~7 Oath of Office, S. 16 ..... ·................................. ~.i .Jo'iectoral Districts. Polling Divisions in, S. 6................................ 34 Election Clerk.

Appointment of, S. 11.................................... 36 Duties of, S. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Oath of Office, S. 13.................................... 36 Returning Officer muy act for, S. 14................... 36 Election Ordinance. Provisions of, to apply, S. 19............................ 37 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41-46

Interpretation, S. 2........................................... 33 Information to electors, posting of, S. 18 ................... 37 Liquor. Not to be Bold on polling day, S. 34..................... 41 Memorial to Governor-in-Council. Commissioner to send if Affirmative in majority, S. 33 40 .. Negative Side." Meaning of, S. 2.................................... . .. .... 34 Representative of, to be appointed, S. 26a.............. 39 Appointment of, produced, S. 27..................... 39

INDEX." '61 Page. PROH.IBITION PLEBISCITE .ORDINANCE-Continued. "Negative Side"-Continued. Elector to ,act in absence, S. 27, (2) .... ; ...... ,...... 39 Oaths of voters to be returned with Ballot Box, S. 30..... 40 Poll Opening and closing of, S. 9 ................ :........... 35 ,who may be present in polling plac,e, S. 28 .... :....... 40 Poll Clerks. Appointment of, S. 15................................... 36 Constuble, powers of, to ,have; S. 15, (2)................ 37 Deputy Returning Officer, powers of, to hllve, S. 15.... 36 Names to be entered in book by, S. 22.................. 38 Oath of office, S.

Hi .............................. ,...... 37 Polling Divisions. Electoral Districts divided into, S. 6................... 34 Proclamation. Date of voting to be fixed by, S. 3..................... 34 Returning Officer to be named in, S. 4 ... ' .. , . " .. , ...... 34 Polling Divisions. Electoral Districts, division of, into, S. 6............... 34 Polling Place. Who may be present in, S. 28.......................... 40 Qualification of vtlters, S. 20............ ..................... 38 Returning 0 ffieer.

Oath of office" S. 5.................................... 34 Deputies to appoint, S. 7................................. 34 Duties of, S. 8 .................. '. ... .. ..... .. . . . .. ... .. . . . 35 List of Deputies, to furnish, S. 10..................... 35 Information to electors, to post, S. 18"................ 37 Return of Vote to Commissioner, S. 31 ...... ,............. 40 Publication of. S. 32 .................................... . 40 Representat·ive. " Affirmative" and .. Negative' Sides to appoint, S. 26a 39 Absence of, elector may' act, S. 27, (2).................. 39 Agent, 111ay appoint, S. 27 ..

" .... '. . . . . . . . . . . . . . . . . . . . . . 39 Appointment of, to be produced, S. 27,................. 39

Short Title, S. 1 ............. :............................... 33

INDEX. PROH I BITION .PL.EBISClTE QRD'N'AlfCE-Q)nunlle(L Scrutineers. Page. Agent may appoint.. S. 27. (3) ............... '" . . . .. .. . . 40

Schedule .................................................. '. .. 41-46 Time Ilnd pl!l'Ce of ·voting,S. ]11............................... 37 of opening and closing Poll, S. 9 ....... _. 35 PU BLCSERVrCE. Granting money for 4T

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1916
Type	statute
Volume / chapter	1916
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	05b62c8bb75db98e81edf2ad9b370520747ea65f

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