Consolidated Ordinances of the Yukon Territory, 1914 — Ordinance respecting the Consolidated Ordinances of the Yukon Territory; Ordinance respecting the Consolidated Ordinances' of the Yukon Territor; The Yukon Act; This Act may be cited as The Yukon Act; … (+3 more)

Consol. Ord. 1914

Yukon — Historical Statutes

THE CONSOLIDATED ORDINANCES OF THE YUKON TERRITORY 1914 Being a Consolidation of the Public General Ordinances OF THE COUNCIL OF THE YUKON TERRITORY PRINTED BY DIRECTION OF THE COMMISSIONER OF THE YUKON TERRITORY 1915 70263-A

CONSOLIDATED ORDINANCES OF THE YUKON TERRITORY, 1911:1:. TABLE OF CONTENTS. PAOE.

Proclamation bringing into force the Consolidated Ordinances, 1914. . . . . . . . . . . . . . vii Ordinance nuthorizing the Consolidation of t.he Ordinances of the Yukon Terri- tory and By-Laws of the City of Dawson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii Ordinance respecting the Consolidated Ordinances of the Yukon Territory and By- Laws of the city of Dawson.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x The Yukon Act' as amended ................................................. . xiv Ordinaneo respecting liens in favour of Miners (by Order in CQuncil) . .......

" . . . . . .. xxxix YUKON ORDINANCES. CHAP. 1.

Interpretation Ordinance ............................................... " .... . 3 2. Alimony, ordinnnce respecting.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Animals, impounding of trespassing and straying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Arbitration, ordinance respecting ........................................... , . 18 5. Assessment, ordinance respecting ............. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.

Auctioneers, Hawkers, and Pedlars, respecting..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 7. Bills of Snle, ordinance respecting .................................. '. . . . . . . . . . 50 8. Births, Deaths and Marriages, registration of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9. Boilers, inspection of ......................... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 10. Bread, weight and sale of.. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 80 11.

Bridges, protection of ...................................................... . 12. Cemeteries, ordinance respecting. " . " " . " ..................................... . 82 83 13. Clerk and Deputy Clerk of Court, respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 14. Chemists and Druggists, respecting...... . . . . . . . .. . .. . . . . . . . . . .. ... . . . . . . . .. . . 94 15. Choses in Action, respecting.. .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 16.

Collection of Debts, respecting ................. : ............................ . 104 70263-At III

iv TABLE OF CONTENTS. CHAP. 17. Commissioners to administer oaths ............................ . 18. Companies, ordinance ..................................................... . PAGE. 108 109 19. Compensation to families of persons killed by accident, respecting.. .. . . . . . . . . . . . . 258 20. Constables, respecting .......... . 21. Constitutjonal and other questions, respecting decision of. ....... . 22. Controverted Elections, respecting ................. . 23. Council of the Yukon Territory, respecting .......... . 24. Creditors relief ordinance ......................... . 25.

Dentistry, pract.ice of, concerning ..... 26. Distress and Extra-judicial seizure, respecting ..................... . 27. Dogs, respecting .......................... . 28. Elections, respecting ........................... . 29. Employers Liability ordinance ......................... . 30. Evidence and witnesses, respecting ..... 31. Exemptions from Seizure, respecting ........ . 32. Factors and Agents, respecting .... . 33. Fast driving, respecting ........ . 34. Ferries, respecting ............ . 35. Fires, investigation of, respecting accidents by .... . 36.

Fires, prevention, respecting ................... . 37. Forest Fires, respecting ........... .'. ................... . 38. Foxes, exportation of, respecting ........... . 39. Game. preservation of, respecting .......... . 40. Health, respecting Public .................................................. . 41. Higliway, regulation of t.raffic on, resper.ting ...... . 42. Hire, lleccipts and Conditional Sales, respccLing ........................... . 43. Hospitals, respecting ........................... . 44. Hotclancl Boarding House Keepers, rf'specting ... 45. Inquirics concerning Public Matters ........ . 46.

Insane Persons, rEspecting ................ . 47. Insurance for benefit of wife and children, respertin:c ... (Interpretation, Chap. 1). 259 260 261 269 278 284 289 291 295 333 343 35~ 357 361 362 366 368 371 374 377 382 393 396 399 401 403 404 406

TABLE OF CONTENTS. CHAP. 48. Judicature ordinance ....... . 49. Juries ordinance ..... . 50. Legal profession ordinance .... 51. Liens·in favour of mechanics and othcrs, respecting ..... 52. Liens, Miners, respecting .......... . Liens, Miners (Oraer in Council) page xxxix. 53. Licns in favour of Woodmen and others, respecting .............. . 54. Lien Actions, respecting personal judgments in .... 55. Limitation of ActioDB, respecting ........... . .56. Liquor Licenses, respecting ..... 57. Liquors, intoxicating, respecting importation of and traffic in ... 58.

Livery Stable Keepers, respecting ............ . 59. Logs and timber, respecting driving of ....... . 60. Marriages, respecting .................................... . 6]. Married women, respecting personal property of ... 62. Masters and Servants, respecting ............ . 63. Mechanics and Literary Institutes, respecting .............. . 64. Medicine and Surgery, respecting the profession of .................... . 65. Miners, ordinance for the protection of ........... . 66. Motor Vehiclcs, regUlating speed and operation of. ......... . 67. N eWBpapers, ordinance respecting ..... . G8.

Notaries Public, ordinance respecting .. . '39. Partnerships, ordinance respecting .............. . 70. Pawnbrokers, ordinance respecting ................ . 71. Police Magistrates Courts, respecting procedure in civil cases in. 72. Pollution of running streams, respecting ..... . 73. Preferential assignments, respecting .................. . 74. Public Administrator, ordinance respecting the office of. 75. Public Printing, ordinance respecting ............. . 76. Public Service ordinance ............. . 77. Road Houses, ordinance respecting ... . 78. Sale of goods, ordinance respecting ... . 79.

Schools, ordinance respecting ........ . v PAGE. 412 547 557 568 578 584 593 595 597 635 637 639 646 650 651 653 657 662 676 684 686 687 692 694 698 699 700 ,03 706 714 716 732

vi TABLE OF CONTENTS. CHAP. PAGE. 764 80. Sheep and other animals, ordinance Cor protection of . •............. 81. Sheriff and Deputy Sheriff, ordinance respecting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765 82. Slander, ordinance to amend the Law relating to...... . . . . . . . . . . . . . . . . . . . . . . . . . 772 83. Slaughter Houses' and the killing and dressing of animals, respecting ............. : 773 84. Societies, Benevolent and others, respecting. .. . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . 777 85.

Succession Duties, respecting ........... , . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 782 86 .. Tenancy in common, respecting....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 788 87. Time, Standard, respecting...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 88. Towns, ordinance respecting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 790 89.

Trespassers on Public Property, removal oc. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 802 SCHEDULES.

Schedule 1- Ordinances repealed prior to consolidation of 1914.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 803

Schedule 2- Ordinances repealed from the date of coming into force of the Consolidation of l!H4. 805

Schedule 3- Ordinances left unrepealed. " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809

PROCLAMATION. BRINGING INTO FORCE "'rlll'l CO;-';SOLIDA'l'ED ORDDi:\.NCES OF THE YUKON 'rERUI'l'ORY, 1914. m!:ORGE BLACK, Commissioner. CANADA. YUKON TERRITORY. To all to whom these Presents shall come: . GREETING.

WHEREAS in and by a certain Ordinance of the Commissioner in CO\jncil, assented to on the thirtieth of March, 1914, intituled "An Ordinance Respecting the Consolidated Ordinances of the Yukon Territory, 1914, and By-Laws of the City of Dawson", it was, inter alia, enacted thnt so soon as the consolidation of such Ordinances and the Schedules should be completed pursuant to the said Ordinance and to the provisions of

Chapter 6 of the Ordinances of the said Commissioner in Council of 1913, being an Ordinance to authorize such con solidation, the Commissioner might cause a correct. Roll thereof, attested under his signature and countersigned by the Cierk of the Council, to. be deposited in . the office of the Territorial Secretary and that the Commissioner, after such deposit, might by proclamation declare the day on, from and after which the same should come into force and have effect as Lmv by the designation of "The Consolidated Ordinances of the Yukon TerritOl'Y, 1914." AND

WHEREAS the said consolidation and Schedules have been completed and the Commissioner has caused a correct Roll thereof attested under his signature and countersigned by the Clerk of the Council to be deposited in tire office of the Territorial Secretary; Now KNOW YE that I do by this proclamation deelare that the said Roll so attested and deposited shall come into force and have effect as Law by the 'designation of "The Consolidated Ordinances of t.he Yukon Territory, 1914" on, from and after the first day of the month or April in the yetir one thousand nine hundred and fifteen. - GIVEN under the hand of the Commissioner ;~nd i::isued under the Seal of the Yukon Territory at Dawson this t,,:cnty-sixth day of March, one thousand nine hundred and fifteen and in the fifth year of His l\bjesty's Reign. (S EA L.) Vll A.

F. ENGELHARDT, Territorial Secret.ary.

viii Consolidated Ordinances. ORDINANCE No. 6 OF 1913. An Ordinance Authorizing the Consolidation of the Ordinances of the Yukon Territory and the By-Laws of the City of Dawson. [Assented to April 15th, 1913.]

Preamble.

Whereas, It is expedient that measures should be adopted for consolidating the Ordinances of the Yukon Territory and the By-Laws of the City of Dawson. The Commissioner of the YukoR Territory, by and with the advice and consent of the Council of said Territory, therefore enacts as follows: Commission I.. It shall be lawful for the Commissioner to issue a co m- to bl! tcd mission to two or more persons, constituting them Commission- :P!':rolidate ers for consolidating the Ordinances of the N orth- West Terri Ordinances tories in force in the Yukon Territory, the Ordinances of the and By-laws.

Yukon Territory and the By-Laws of the City of Dawson, and to Comlnis sioners to prepare and arro.nge Cor publication Ordinances o.Dd By-Laws. include in such consolidation and revision the Ordinances and By-Laws passed at the present Session of the Yukon Council, and such Ordinances and By-Laws passed at the next Session of said Council as it may be deemed expedient so to include, and from time to time, in case of the death or refusal or incapacity to act of any of the said Commissioners, to appoint some other person or persons to be a Commissioner or Commissioners as aforesaid to accomplish the purpose of this Ordinance. 2.

The said Commissioners are hereby authorized and empow ered to prepare and arrange for publication of the said Ordi nances and By-Laws, to omit all such Ordinances and By-Lasw and parts of Ordinances and By-Laws as have expired, been re pealed or had their effect and all Ordinances and By-Laws repealing any or any parts of any Ordinances and By-Laws, as well as the Ordinances and By-Laws, and parts or Ordinances and By-Laws repealed and the schedules of all such repealed or repealing Ordinances and By-Laws, and to alter the numbers of the said Ordinances and By-Laws and the Sections thereof, and without in any manner changing or affecting the legal effect of the said Ordinances and By-Laws, correct any misprint or error 01' any contradiction or ambiguity in the said Ordinances and By-Laws, and to make such alterations in their language as are requisite in order to preserve a uniform mode of expression and may make such minor amendments as are necessary to bring out more clearly what they deem to have been the intention of the Yukon Council or the City Council, as the case may be, or to reconcile seemingly inconsistent enactments, or to correct clerical or typographical errors and to frame a comprehensive index to t.he entire work,

Consolidated Ordinances. ix 3. It shall be lawful for the Commissioner to direct the pay- qammis- th ment of such sum or sums as he may think fit, not exceeding f~~de~dir~~t the moneys to be appropriated from time to time by the Com- paym~nt C?T missioner in Council for such purpose, as a remuneration for such ~~~~~a:~g. Commissioners, and also for such further charges and expenses . . as may be incurred, laid out and expended in the printing and binding of the said Consolidated Ordinances and By-Laws or incident thereto.

x J'l'ellmble. Holl to be deposited. COlUlUis sioner by proclamation to declare date of coming into lorcc 01 Consolidated Ordi,,:mccs. Consolidated Ordinances. ORDINANCE No. 5 OF 1914. An Ordinance respecting the Consolidated Ordinances' of the Yukon Territory, 1914, and By-Laws of the City of Dawson. [Ali8ented to March 30th, 1914.]

Whereas, Pursuant to the provisions of

Chapter (j of the Ordinances of 1913, a Commission was issued under the seal of the Yukon Territory empowering certain Commissioners to revise and consolidate the Ordinanees of the Yukon Territory and the By-Laws of the City of Dawson; and,

Whereas, It is expedient to provide for the incorporation with such revision ancl consolidation the Public and General Ordinances and By-Laws which may be passed during the present session of the Yukon Council. The Commissioner of the Yukon Terri~ory, by and with the advice and consent of the Council of said Territory, therefore enacts as follows: 1.

So soon as the said consolidal,ion of sueh Ordinances and By-Laws has been completed the Commissioner may cause correet rolls thereof respectively (which may be partly printed. and partly written), attested under. his signature and counter signed by the Clerk of the Council, to be deposited in the office of the TerritOl·ial SecretMY, which rolls shall be held to be the original thereof and to embody the several Ordinances and parts of Ordinances ancl By-Laws mentioned as repealed in the SQhedules thereto respectively annexed.

Any marginal notes, however, and headings in the body of the Ordinances and By-Laws and references to former enactments being held to form no part of the said Ordinances or By-Laws, but to be inserted for convenience of reference only. 2.

The Commissioner after such deposit of the said rolls respectively may by proclamation declare the day of, from ancl after which the same shall come into force and have effect as law by the designation respectively of "The Consolidated Ordinances of the Yukon Territory, 1914," and "The Revised By-Laws of the City of Dawsoll, 1914," and the expression "Consolidated Ordinances" wherever hereinafter in this Ordi nance used shall mean "The Consolidated Ordinances of the Yukon Territory, 1914." EfIcclol :1. On and from such day the same shall accordingly come proclalllation.

I If I cl d . into force am e ect by t le sai eSlgnations to all intents as though the same were expressly embodied in and enacted in this Ordinance to come into force and to have effect on and

Consolidated Ordinances. from such day; and on and from the same day all the enact ments in the several Ordinances and parts of Ordinances and By-Laws and parts of By-Laws in such Schedules mentioned as far as they relate to the Territory shall stand and be repealed to the extent mentioned in the said Schedules save only as hereinafter provided. xi ".

The repeal of the said Ordinances and parts of Ordi- Saving II;B to .. nances shall not revive any Ordinance or provision of law repealed !~~~~~:Ion by them; nor shall the said repeal prevent the effect of any to repeal.' saving clause in the said Ordinances and parts of Ordinances or the application of any. of the said Ordinances or parts of Or- dinances or of any Ordinance or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which t.hey would otherwise apply. 5.

The rel)eal of the said Ordinances and l)arts of Or- ~Intters not . affected by dmances shall not affect: repeal. (

a) Any penalty, forfeiture or liability incurred before the time of such repeal or any proceedings for enforcing the samc had, done, completed or pending at the time of such repeal; (

b) Any action, suit, judgment, decree, certificate, execu tion, process, order, rule or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, grant ed, completed, pending, existing, 01' in force at the time of such repeal; . Cc) Any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclamation, contract, lien, charge, status, capacity, immunity, matter 01' thing had, done, made, acquired, established or existing at the time of sHeh repeal; (

d) Any office, appointment, commission, salary, allo\\'unce, security or duty or any matter or thing appertaining thereto at t.he time of such repeal; Ce) Any marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of such repeal. 2 Nor shall such repeal defeat, disturb, invalidate or preju dicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal; but every such- Ca) Penalty, forfeitme and liability; Cb) Action, suit, j udgmcnt, decree, certificate, execution, prosecution, process, order, rule, proceeding, matter Ol' thing; Cc) Act, deed, right, title, interest, grant, assurancc, descent, will, registry, by-law, rulc, regulation, proclamat.ion, contract, lien, charge, status, capacity, ilnmunity, matter or thing; Cd) Office, appointment, commission, salary, a.llowance, se curity or duty; Cc) Marriage certificate and registry thereof and every such other matter and thing, and the force and etfect thereof respectively, may and sh[~ll continue as if no such repeal had taken place, and so far as necessa.ry may be continued, prosecuted, enforced and proceeded with under the said Consolidated Ordi-

xii Consolidated Ordinances not to be deemed newlllw. Cou.'ltruction where the same in effect as repCIIled Ordinances. Reference ill former Ordinance to repealed Ordinances . Consolidated Ordinances. nances of the Territory and other Ordinances and laws having force in the Territory, so far as applicable thereto and subject to the provisions of the said several Ordinances and laws. 6. The said Consolidated .

Ordinances shall not be held to operate as new laws, but shall be construed and have effect as a consolidation of thc law as contained in the said Ordinances and parts of Ordinances of the Territory n,nd substituted, and the Commissioner in Council is not to bc deemed to have adopted the construction which may by judicial decision or otherwise have been· placed upon the lnnguage of any of the Ordinances in cluded amongst the said Consolidated Ordinances. 2.

The various portions of the Consolidated Ordinance corresponding to and substituted for the provisions of the Ordinances and parts of Ordinances so repcaled shall, where they are the same in effect a.s those Ordinances and parts 'of Ordinances so repe~led, be held to operate retrospectively as well as prospectivcly and to have been passed upon the days respectively upon which the Ordinances :.md parts of Ordinances. so repealed came into effect. 7.

Any reference in any former Ordinancc remaining in force or in any instrument or document to any Ordinance or enactment so repealed shall after the Consolidated Ordinances take effect . be held as regards any subsequent transaction, matter or thing to be a reference to the enactments in the Consolidated Ordi nances having the same effcct as such repealed Ordinances or cnactment. Effect of 8. The insertion of any such Ordinance in thc said

Schedule insertion of I 1I t b t I '1 I t' tl . t· hOd' an ordinllnce s la no e cons ruec as a ( ec ara 1011 1,1 sue r mance or any inSchcduleII. part of it was 01' was not in force immediately before the COllies printed by direction 0/ Commis sioner to be evidence. Distribution of copies. This Ordinance to be printed with Consolidated Ordinances. Citlltion of Consolidllted Ordinances. coming into force of the said Consolidated Ordinances. 9.

Copies of the Consolidated Ordinances printed under the direction of the Commissioner from the roll so deposited shall be received as evidence of the said Consolidated Ordinances in all Courts and places ~vhatsoever. 1.0. The Consolidated Ordinances shall be distributed in such numbers and to such persons only as the Commissioner may direct. It. This Ordinance shall be printed with the said Consol idated Ordinances and shall be subject to the same )'ules. of construction as the said Consolidated.Ordinances. 12. Any

Chapter of the said Consolidated Ordinances may be cited and referred to in any Ordinance or proceeding whatso ever either by its title as an Ordinance or by its

short title or by using the expression "The Consolidated Ordinance Respecting" (adding the remainder of the title at the beginning of the parti cular chapier), 0)' by using the expression "The Consolidated

Consolidated OTdinanc~s. Ordinances, 1914,

Chapter ...... " (adding the number of the particular

chapter printed in the copies printed under the direc tion of the Commissioner). xiii I 3. The provisions and cnactments of this Ordinance in re- Provisions to gard to the Ordinances· and Consolidated Ordinances aforesaid ~:~I~:~ of and the revision and consolidation thereof shall as far as applic- By-Laws of able apply to and include the By-Laws of the City of Dawson and Dawson. the revision and consolidation thereof by said Commission.

xiv Yukon Act.

CHAPTER 63, R.S.C., 1906.

An Act to· provide for the Government of the Yukon Territory. As amended by

Chapter 53, 6-7 Edward VII., Chap·ler· 76,7-8 Edward VII.,

Chapter 37, 8-9 Edward VII and

Chapter 56, 2 George V. NOTE.-This consolidation oC

Chapter 63 R.S. and its amending Acts, above mentioned, is a consolidation Cor office purposes. • New sections Crom amending Acts have the numbers braoketed thus (~).

SHORT TITLE.

Short title. I. This Act may be cited as The Yukon Act. 61 V., c. 6,

Definitions. "Council" defined. "Commi.& sioner in I Council." Continued a separate territory. s. 1.

INTERPRETATION. 2.

In this Act, unless the context otherwise requires, (a) "Territory" means the Yukon Territory; (b) "Commissioner" means the Commissioner of the Yukon Territory; (c) "Council" means the Council of the Y ukO'n Territ,~ry; (d) "Court" means the Territorial Court for the Y wtO'n T~rritory; "'l (e) "Intoxicating liquor" means and includes all spirit'!', strong waters, spirituous liquO'rs, wines, fermented O'r compounded EquO'rs O'r intO'xicating fluids; (J) "IntO'xicant" includes O'pium O'r any preparatiO'n thereO'f, and any O'ther intO'xicating drug O'r substa.nce, and to baccO' or tea mixed, compounded or impregnated with opium, or with any other intoxicating drug, spirit or ~ubstance, and whether the same O'r any O'f them is liquid or solid. 61 V., c. 6, ss. 3 and 10; 62-63 V., c. 11, ss. 1 and 5; 1 E.

VJI., c. 41, s. 13, as amended by 7-8 E. VII., c. 76, s. 1. (g) "Commissioner in Council" means the Commissioner by and with the advice and consent O'f the Council. 7-8 E. VII., c. 76, s. 2. TERRITORY. 3. The territory described in the

schedule to' this ~lJ continue to be a separate territory under the name o_~ kon_Territory. 1. E VII., c. 41, s. 13. .

Yukon Act. COMMISSIONER. 4. The Governor in Council may, by instrument under the Commis Great Seal, appoint for the Territory a chief executive officer to sioner. be styled and known as the Commissioner of the Yukon Terri- tory. 61 V., c. 6, s. 3. . xv 5. The Commissioner shall administer the government of Administra- the Territory under instructions from time to time given him: tion of . by the Governor in Council or the Minister of the Interior. government. 6) V., c. 6, s. 4. 6.

The Governor in Council may from time to time appoint Appointment an Administrator to execute the office and functions of the of Adminis- , Commissioner during his absence or illness or other inability. trator. 7-8 E. VII., c. 76, s. 3. Ga.

The Commissioner and every Administrator appointed Oaths 01 under the said Act as so amended shall, before assuming the duties C;ommiB-d of his office, take and subscribe before the Governor General, ~\~:~:fut.ra or before some person duly authorized to administer such oaths, tor. tn oath of allegiance and an oath of office similar to those re- quired to be taken by a lieutenant governor under the British North America Act, 1867. 7-8 E. VII., c. 76, s. 4.

Gb. ·The salary of the Commissioner and of the Administra- Salaries. tor shall be fixed by the Governor in Council and shall be pay- abl out of the Consolidated Revenue Fund of Canada. 7-8 E. vII., c. 76, s. 5. COUNCIl •. 7. There shall be a Council of the Yukon Territory, which Elective shall be composed of ten members elected to represent the council. electoral districts to be named and described by . the COqlmis- sioner in Council. 2. Any person shall be eligible for election as a member' of Qualification the Council who is qualified to vote at an election of such a mem- of councillor. ber. 7-8 E.

VII., c.76, s. 6. 8. The members of the Council shall, before entering upon Oaths of the duties of their office, take and subscribe before the Commis- offic~ and sioner such oaths of allegiance and office as the Governor in allegll~nc~. Council may prescribe. 62-63 V., c. 11, s. 1; 2 E. VII., c. 34, s. 1. 9.

The Commissioner in Council may prescribe the qualifi- Qualification cations of those entitled to vote at an election of members to of electors. the Council; provided that only those persons shall be entitled to so vote who are natural born or naturalized male British sub- jects of the full age of twenty-one years, and who ·have rcsided in the Territory for a period of twelve months prior to the date of thc election. 7-8 E.

VII., c. 76, s. 7. (9a) Until the Commissioner in Council otherwise pro vides, t.he laws in forcc in thc Territory immediately before the coming into force of this Act relating to the Council and to the election of represcntative members of the Council, shall, sub-

xvi Yukon Act. ject to the provisions of this Act, apply to the Council as con stituted under this Act and to the election of members of the Council. 7-8 E. VII., c. 76, s. 7; Writs for (9b) The writs for the election of the first Council under this first election. C . Durut.ion of council. Yearly se6sion. Sitlings 6epurate from Com missioner. Sanction of Bills. Quorum. Act shall be issued by the ommissioner and be returned withm four months after this Act comes into force. 7-8 E.

VII., c. 76, s. 10; (9c) Every Council shall continue for three years from the date of the return of the writs for the general election, and no longer; but the Commissioner may, at any time, dissolve the Council and cause a new one to be elected. 7-8 E. VII., c. 76, s. 11; (9d) There shall be a session of the Council convened by the Commissioner at least onca in every year after the first session thereof, so that twelve months shall not intervene between the last sitting of the Council in onc session and its first sitting in the next session. 7-8 E.

VII., c. 76, s. 12; (ge) The Council shall sit separately from the Commissioner and shall present Bills passed by it to the Commissioner for his assent, and he may approve or disapprove of any of such Bills or reserve them for tha assent of the Governor in Council. 7-8 E. VII., e. 76, s. 13; (9f) A majority of the Council, including the Speaker, shall form a quorum. 7-8 E. VII., e. 76, s. 14; Yukon (9g) All public moneys and revenue over which the Commis-Consolidated Fund. sioner in Council has the power of appropriation shall form a fund to be known as the Yukon Consolidated Revenue Fund. 7-8 E.

VII., c. 76, s. 15; Money Bills. (9h) Bills for appropriating any part of the public revenue of the Territory or for imposing any tax or impost, shall originate in the Council. 7-8 E. VII., c. 76, s. 16; Recom- (9i) It shall not be lawful for the Council to adopt or pass c;~ation of any ;vote, resolution, address, or bill for the appropriation of any part of the public revenue of the Territory, or of any tax or impost, to any purpose that has not been first recommended to missioner. Council by message of the Commissioner, in the session in which such vote, resolution, address, or bill is proposed. 7-8 . E.

VII., c. 76, s. 17; Sessional (9j) The Commissioner in Council may provide for the pay indemnity of ment to each member in attendance in each session of the coun9illoTS. Council a sum not to exceed six hundred dollars, together with his actual travelling expenses, which allowance shall be payable out of the Yukon Consolidated Revenue Fund. 7-8 E. VII., c. 76, s. 18; Appropriation. (9lc) When any sum of money is granted to His IVIajesty by ~~~~?~y Parliament to defray expenses for any specified public service Parliament. in the Yukon Territory, the power of appropriation by the Audit by Auditor General.

Commissioner in Council over that sum shall be subject to the specified purpose for which it is granted. 7-8 E. VII., c. 76, s. 19; (9l) The receipt and expenditure of territorial funds and of such portion of any moneys appropriated by ParlialIient for the territory as the Commissioner is authorized to expend by

Yukon Act. and with the advice and consent of the Council or any committee thereof, and the accounts with respect to such receipt and expenditure, shall be subject to examination and audit by the Auditor General in the same manner and to the same extent as are the receipt and expenditure of public moneys of Canada and the accounts with respect thcreto under The Consolidated Revenue and Audit Act. 2.

The Auditor General shall within the first three months Annual of each fiscal year depute an officer of his office to proceed to audit. the Territory for the purpose of examining and auditing such receipt, expenditure and accounts, and reporting thereon to him. xvii 3. The public accounts _of the Territory shall include -the Fiscal year. period from the first clay of April in one year to the thirty-first day of March in the next year, which period shall constitute the fiscal year, both inclusive. 7-8 E.

VIL, c. 76, s. 20. (gm) The Governor in Council may appoint a fit and proper Appoint.ment person, being a barrister or advocate of at least five years ~~i~~~;~~o~d standing at the bar of any of the provinces of Canada, to be public administrator and official guardian in and for the Terri- tory, under the name of "Public Administrator," :lnd to hold office dming pleasure. 2.

The public administrator shall perform such duties as His duties are imposed upon him, :1l1d be invested with such powers as are Ilnd powers. bestowed upon him, by Ol" under any Act of the Parliament of Canada, or any Ordinance of the Governor in Council or the Commissioner in Council, :lnd shall be otherwise subject to the provisions of any such Act or Ordinancc with respect to the said office of public administrator: Provided that no such Ordinance of the Commissioner in Council shall have forci! or effect except in so far as it is not inconsistent with any Ordinance of the Governor in Council or any Act of the Parliament of Canada. 3.

With respect to such services or duties as he is required ~emunera to rend~r or perform by-order of the Governor in Council or tlon. under any Ordinance of the Governor in Council or of the Com missioner in Council, the Public Administrator shall receive and be paid such fees or other remuneration as is prescribed by the Commissioner in Council. 4.

Before entering upon his duties the public administrator Oath of o.ffice shall take such oath 'of office and furnish such security for the nnd security. faithful and proper performance of the duties of his office as are from time to time prescribed by the Governor in Council. 5.

The work and operation of the office of public adminis- Audit of trator, and his dealings and accounts in connection with estates work of 01· property coming into his hands by virtue of his office, shall office. be subject to inspection, examination and audit by the Auditor General of Canada, or by any officer deputed by him for that purpose. 7-8 E. VII., e. 76, s. 21. (9n) The Auditor General, ancl, while he is engaged in any Powers 01 examination and audit under

section 20, or in any inspection, Auditor ex:unination and audit under

section 21 of this Act, the officer General. RO deputed by him, shall, in connect.ion with such inspection, 70263-B

XVIII Commence ment or Act. Other Ordinances. Taxation. Juries. Liquor traffic. Game. }'urthcr powers to make Ord inanccs. Territorial offices and officers. Prisons. Municipal inati tu tions. Licenses. Incorporation of companies. Marriage. Property and civil rights. Administra tion of justice. Yukon .tlct. examination and audit, have all the powers which the Auditor General has under The Consolidated Revenue and Attdit Act in connection with the examination and audit of the receipt and expenditure of public moneys of Canada and the accounts with respect thereto. 7-8 E. VII., c. 76, s. 22.

(90) This Act shall come into force on the first day of Ma.y, one thousand nine and nine. 7-8 E. VII., c. 76, s. 23. [Section 10 of the Yttkon Act re7Jealeci. 7-8 E. VII., c. 76, s.8]. 11. The Commissioner in Council may make ordinances, (

a) imposing taxes for any purpose within his jurisdiction; (

b) respecting the summoning of juries and the enforce mcnt of the attendance of j mors for the trial of civil and criminal cases and respecting the payment of the costs -and expenses in connection therewith; (

c) for the control and regulation of the sale of and traffic in intoxicating liquor in the Territory, subject to the pro visions of anv Ordinance of the Governor in Council ancl notwithstan(\ing anyt.hing to the contrary in any Act of Parliament; (cl) for the preservation of game in the Territory. 62-63 V., c. 11, s. 2; 63-64 V., c. 34, s. 1; 2 E. VII., c. 34, s. 2; 3 E. VII., c. 73, s. 1. 12.

The Commissioner in Council may also, subject to the provisions of this Act, and of any other Act of the Parliament of Canada applying to the Territory, an(f of any Ordinances of the Governor in Council, make Ordinances for the govern ment of the Tcrritory in relation to the classes of subjects next hereinafter mentioned, that is to say:- (

a) The establishment and tenure of territorial offices and the appointment and payment of territorial officers out of territorial revenues; (

b) The establishment, maintenance and management of prisons in and for the Territory, the expense thereof being payable out of territorial revenues; (

c) Municipal institutions in the Territory; (cl) Shop, saloon, tavern, auctioneer and other licenses in order to raise a revenue for territorial or municipal pur poses; (

e) The incorporation of companies with tClTitorial objects, excepting railway companies (not including tramway and street railway companies) and steamboat, canal, telegraph and irrigation companies; (

f) The solemnization of marriage in thc Territory; (

g) Property and civil rights in the Territory; (

h) The administration of justice in the Territory, includ ing the constitution, organization and maintenance of ter ritorial courts of civil jurisdiction, including procedure therein, but not including the appointment of judicial officers, or the constitution, organization and maintenance of courts of criminal jurisdiction, or procedure in criminal matters;

The Yukon Act. XIX (

i) The defining of the powers, duties and obligations of Sheriffsllnd sheriffs and clerks of the courts and their respective clerks of court. deputies; (

j) The conferring on territorial comts of jurisdiction in Alimony. matters of alimony;· . (

k) The imposition of punishment by fine, penalty or im- Enfl?rcing of prisonment, for enforcing any territorial Ordinances; OrdInances. (

l) The expenditure of territorial funds and such portion Expcnditure of any moneys appropriated by Parliament for the Terri- er territorilll tory as the Commissioner is authorized to expend by and un s. with the advice of the Council or of any committee thereof; (

m) Generally, all matters of a merely local or private nature Local and in the Territorv. . private. 2. The Commissioi'ler in Council shall continue to have GenCfIll ' all the power and authority to make Ordinances which he had sa~'it~g of 1 . f h .. f f 1"\ d CIIS Ing at t le t.lme 0 t e commg mto orce 0 t liS .""ct, an any power powers. to repeal, re-enact or substitute provisions which, upon the com- ing into force of this Act, the Commissioner in Council had with respect to the provisions of the Northwest Territories Act, Tlie Revised Statutes of Canada,

chapter fifty, and the Acts in amendment thereof as applying to the Territory, is hereby pre served and shall continue with respect to the corresponding provisions of this Act, if any. 2 E. VII., c. 34, s. 2. 13. Nothing in the last preceding

section contained shall be Powers not construed to give to the Commissioner in Conncil 'any greater !t:. cxccrd powers with res pe et to thc subjects therein mentioned than are pr~~in~iul given to provincial legislatures uncleI' the provisions of

section legislllturc~. ninety-two of The British North America Act, 1867, with respect· to the similar subjects therein mentioned. 2 E. VII., c. 34, s. 2. 14.

The Commissioner in Council shall pass all necessary Education. ordinances in respect to education; but it shall therein always be provided that a majority of the ratepayers of any district· or p~rtion of the Territory or of any less portion or subdivision thereof, by whatever name the same i~ known, may establish such schools therein as they think fit, and make the necessary assessment and collection of rates therefor; and also that the minority of the ratepayers therein, whether Protestant or Roman Catholic, may establish separate schools therein, and in such case, the ratepayers establishing such Protestant or Roman Catholic separate schools shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 2 E.

VII., c. 34, s. 2. I. 5. A copy of every Ordinance made by the Commissioner Ordinan~c8 in Council shall be despatched by mail to the Secretary of State t~f~~elllld of Canada within ten days after the passing thereof, and shall Pllrliament. be laid before both Houses of Parliament as soon as conveniently may be thereafter. 2. Any such Ordinance may be disallowed by the Governor in Disallow Council at any time within two years after its passage. 61 V., Ilnce. c. 6, s. 7. 70263-B!

xx General powers. Proyiso. Specific. Royalties on gold and silver. ~~ Collection .~ ~ thercor. i(l;fi1: Forfeiture ~ for non- ,-~ payment. -:t'J::i Powcrs of '.:1 officers. --'.:: No tux except as authorized. Ordinances must be approved by Parliamcnt. Puhlication. Ordinances to bc laid hefore Parliament. The Y1tkon Act. ORDINANCES BY GOVEIlNOH IN COUNCIL. 16. Subject to the provisioils of this Act, the Governor in Council may make Ordinmices for the peace, order, and good government of the Territory, and of His Majesty's subjects and others therein: Provided that no such Ordinance shall,- (

a) for the enforcement of any Ordinance, impose any pen alty exceeding five hundred dollars; (

b) alter or repeal the punishment provided in any Act of the Parliament of Canada in force in the Territory for any offence; Cc) appropriate any public land or other property of Canada without authority of Parliament, or impose any duty of Customs or any excise. . 2. Without limiting thc generality of the powers so confer red the Governor in Council may make Orclinanees,- (

a) imposing a tax or royalty, not exceeding five per centum thereof, upon gold or silver the output of mines in the Territory, to be levied from and after the date of the Ordinance imposing it; (

b) prescribing and regulating the place and manner of collection of such tax or royalty, and the methods of securing and enforcing the payment thereof; (

c) providing for the confiscation and forfeiture of gold and Rilver upon which such tax or royalty has not been duly paid, as well as for the confiscation and forfeiture of any vessel, vehicle, cart or other receptacle containing it, or used or intended to be used for the transportation thereof; (

d) giving to any officer of the Crown, in respect of searches, examinations, and other proceedings for the enforcement of the provisions of any such Ordinance, all such powers, rights, privileges, and protection as officers of Customs have under the provisions of the Customs Act. 3. No tax shall be imposed by Ordinance except as in this Act provided. 2 E. VII., c. 34, s. 3. 17'. Every Ordinance made under the authority of the last preceding

section shall rcmain in force until the day immediately succeeding the day of prorogation of the then next session of Parliament, and no longer, unless during such session of Parlia ment such Ordinance is approved by resolution of both Houses of Parliament. 2 E. VII., c. 34, s. 3. I.S. Every Ordinance made by the Governor in Council under the provisions of this Act shall have force and effect only after it has been published for four successive weeks in The Canada Gazette. 2. All such Ordinances' shall be laid before both Houses of Parliament within the first fifteen days of the session next after t.he date thereof. 2 E. VII., c. 34, s. 3.

The Yukon Act. xxi LAWS APPLICABLE TO 'l'ERRl'lORY. 19. Subject to the provisions of this Act, Lhe laws relating Exis~ing laws to civil and criminal matters and the Ordinances in force in the contlDucC .

Northwest Territories on the thirteenth day of June, one thou- sand eight hundred and ninety-eight, shall be and remain in force in the Territory, in so far as the same are applicable there- to, and in so far as the same have not been or are not hereafter repealed, abolished or altered by the Parliament of Canada, or by any Ordinance of the Governor in Council or the Com- missioner in Council made under the provisions of this Act. 61 V" c. 6, s. 9. 20.

Every Act of the Parliament of Canada, except in so far Application th ' 'd d . hAd t . f o( Acts of as 0 erWlse provl e In any suc ct, an excep m so ar as Parliament. the same is, by its terms, applicable only to one or more of the provinces of Canada, or is, for any reason, inapplicable to the Territory, shall, subject to the provisions of this Act, apply to and be in force in the Territory. 61 V., c. 6, s. 9. 21.

The Governor in Council may, by proclamaLion, from Acts may be time to time, direct that any Act of the Parliament of Canada, :~1e ~ or any part or parts thereof, or anyone or more of the sectiol}s proclamation. of any such Act not then in force in the Territory, shall be in force in the Territory generally, or in any part or parts thereof mentioned in such proclamation. 61 V., c. 6., s. 9. WILLS. 22.

Every person of the full age of twenty-one years may Who may devise, bequeath or dispose of by will, executed in manner here- make. inafter mentioned, all real and personal property to which he is entitled either at law or in equity at the time of his death, and which, if not so devised, bequeathed or disposed of, would de- volve upon his heir-at-Iaw, or upon his executor or adminis- trator. .61 V., c. 6, s. 9. 23.

No will shall be valid unless it is in writing and signed Execution. at the foot .or end th~reof, by the t.estator or by some other per- son in his presence and by his direction; and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, who shall attest and subscribe the will in the presence of the testator. 2. No form of attestation shall be necessary and no other Attestation. publication than as aforesaid shall b~ required. 61 V., c.6, s. 9. 24.

If any person who attests the execution of a will is, Incompetence at the time of the execution thereof, or at any time afterwards, 0to( ~itnelsds not . b d . d' h t' lnva I ate. Incompetent to e a Imtte as a WILness to prove t e execu IOn thereof, such will shall not, on that account, be invalid. 61 V., c. 6, s. 9. 25. No person shall, on account of his being an execuLor of Executor a will, be incompetent to be admitted as a witness to prove the ~i~~c~:.

xxii Devisc or bcquest to attesting witness ,"oiel. Revocntion. Construed us if executed immediately before death. Whole estate in realty to pass unless contrary intention appears. Earnings, etc. No order for protection. The Yukon .4et. execution of such will, or us a witness to prove the validity or invalidity thereof. 61 V., c. 6., s. 9. 26.

If any person attests the execution of any will, to whom or to whose wife or husband, any beneficial devise or legacy affecting any real or personal property other than a charge for the payment of a debt is thereby given, such devise or legacy shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person, wife or husband, be null and void, and such person, so attesting shall be admittcd to prove the execution of such will, or the validity or invalidity of such will, notwithstanding such devise or legacy. 61 V., c. 6. s. 9. 27.

No will or codicil, or any part thereof, shall be revoked otherwise than by,-=- (

a) marriage; or ' (

b) another will or codicil executed in manner herein before required; or (

c) some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed; or, (

d) the burning, tearing or otherwise destroying the same, by the testator or by some person in his presence and by his direction, with the intention of revoking the same. 61 V., c. 6, s. 9. 28. Every will shall be construed with reference to the real and personal property affected by it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears by the will. 61 V., c. 6, s. 0. 29 ..

If any real property is devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estute or interest which the testator had power to dispose of by will, ill such real property, unless a contrary intention appears by the will. 61 V., c. 6, s. 9. 111 arried Women. 3@.

All the wages and personal earnings of a married woman, and any acquisitions therefrol11, and all proceeds or profits derived from any occupation or trade which she carries on separately from her husband, or from any literary, artistic or scientific skill, and al.l investments of such wages, earnings, moneys or property, shall be free from the debts or dispositions of the husband and shall be held and enjoyed by such married woman, -and dispos,ed of without her husband's consent, as fully as if she were a feme-sole. 2. No order for protection shall be necessury in respect of any such earnings or acquisitions.

The Yukon Act. xxiii 3 The possession whether actual or constructive of the Possession ., .' not to make husband of any personal property of any marrlCd woman, shall liable. not render the same liable for his debts. 61 V., c. 6., s. 9. 31.. A married woman may make deposits of money in her Deposits in own name in any savings or other bank, and withdraw thc same bank. by her own cheque; and her receipt or acquittance shall be a sufficient discharge to any such bank. 61 V., c. 6, s. 9. 32.

Nothing hereinbefore contained in reference to moneys pcpoeits 0' deposited or investments by any married woman, shall, as !nrcstd'e'ft& against any creditor of the husband, give v::Llidity to any ~~~~~r~ 01 deposit or investment of moneys of the husband made in fraud hUBI.bdanddnot f h d· d . f d d . d' d va I ate . o sue cre Itor; an any money so In rau eposlte or lllveste may be followed as if this Act had not been passed. 61 V., c. 6, s.9. 33.

A husband shall not, by reason of any marriage, be ~ile~8d~bta. liable for the debts of his wife, contracted before marriage, nor Iia~le~n not for any debts of his wife in respect of any employment or busi- ness in which she is engaged on her own behalf, or in respect of any of hilr own contracts. . 2. The wife shall be liable to be sued for any debts by her Wile liable contracted before marriage, and any property belonging to her ~~rp~ia~debte. for her separate use shall be liable to satisfy such debts as if she had continued unmarried. 61 V., c. 6, s. 9. 34.

A married woman may maintain an action in her own May sue in name for the recovery of any wages, earnings, money or pro- own name . . perty, declared by this Act or which is hereafter declared to be her separate property, and shall have, in her own name, the same remedies, both civil and criminal, against all persons . whomsoever for the protection and security of such wages, earn ings, money and property, and of any chattels or other her separate property, for her own use,as if such wages, earnings, money, chattels and property belonged to her as an unmarried woman. 61 V., c. 6, s. 9. 35.

Any married woman may be sued or proceeded against May be ~ucd separately from her husband in respect of any of her separate separate y. debts, engagements, contracts or torts, as if she were unmarried. 61 V., c. 6, s. 9. TERRITORIAL COURT. 36. There shall continue to be a superior court of record in Territorial and for the Territory, called the Territorial Court, consisting ~~~~~~on of one or more judges appointed by the Governor in Council by letters patent under the Great Seal. 61 V., c. 6, s. 10. 37'.

Any person may be appointed a judge of the court who Qualifications. is or has been a. judge of a superior or a county court of any pro- vince of Canada or of the Northwest Territories, or a barrister

XXIV The Yukon Act. or advocate of at least ten years standing ut the bar of any such province or of the. Northwest Territories or of the Yukon Tcn·i tory. 61 V., c. 6, s. 10. 8-9 E. VII., c. 37, s. l. Noht to ffihold 3S. A judge of the Court shall not hold any Cther office of ot er 0 ce I G f C d f of emolument.. emo ument under the overnment 0 ana a, 01· 0 any pro- Law 118 to rights, etc., of court Ilnd judges. Residence of judges. Tenure of office. Oath of office. Officers of the court.

Powers of court. . vince of Canada or of the Territory: Provided that a judge of the Court shall be eligible for appointment as a m-ember of the Council of the Territory. 01 V., c. 6, s. 10. 39. The law goveming the rights, pri'vileges, power, author ity and jurisdiction of the court and the judge or judges thereof, shall be the same, mutatis mutandis, as the law governing the rights, privileges, power, authority ancI jurisdiction of the Supreme Court of the Northwest Territories and of the judges of that court except as the same are expressly varied by this Act. 62-63 V., c. 11, s. 6. 40.

Each judge of the Court shall reside at such place in the Territory as the Governor in Council, in the commission to such judge, or by order in council, directs. 62-63 V., c. 11, s. 6. 41. The judges of the Court shall hold office during good behaviour, but shall be removable by the Governor General, on address of the Senate and House of Commons of Canada. 62-63 V., c. 11, s. 6. 42.

Every judge shall, previously to entering upon the duties of his office as such judge, take an oath in the form fol lowing:- '1, , do solemnly and sincerely promise and swear that 1 will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as one of the judges of the Territorial Court. So help me God.' 2. Such oath shall be administered by the Commissioner or by a judge of the Court. 62-63 V., c. 11, s. 6. 43.

The Governor in Council may appoint such officers of the court and such other ·officers for the due administration of justice in the Territory, as are deemed necessary, and may de fine and spccify the duties of such officers, and fix the fees or emoluments of such officers, and of witnesses ancI other persons attending or performing duties in relation to the administration of criminal justice, and provide the mannel· in which such fees and emoluments shall be paid. 61 V., c. 6, ss. 13 and 20. 44.

The Court shall, within the Territory, and for the ad ministration of the laws· for the time being in force within the Territory, possess all such powers and authorities as by the law of England are incident to a superior court of civil and criminal jurisdiction; and sh!1ll have, use and exercise all the rights, incidents and privileges of a court of record, and all other rights, incidents and privileges, as fully to all. intents and purposes

The Yukon Act. as the same were on the fifteenth day of July, one thousand eight hundred and seventy, used, exercised and enjoyed in England by any superiol' court of common law, or by the Court of Chaneel'y, or by the Court of Probate. 62-63 V., c. 11, s. 6. xxv 4l:S.

The Court shall havc jurisdiction in all and all manner .TurisdicLion. of actions, causes and suits as well criminal as civil, real, person- al, and mixed, and shall proceed in such actions, causes and suits by such process and course as are provided by law, and as tend with justice and despatch to determine the same, and shall hear and dCtermine all issues of law, and shall also heal', and with or without a jury, as provided by law, determine all issucs of fact joined in any such action, cause or suit, and give j udg- ment thereon and award execution thereof, in as full and as ample a manner as might at the said date be done in England in the Court of Queen's Bench, or the Court of Common Bench, or the Court of Chancery, or the Court of Probate, or in matters rega.rding the public revenue, including the condemnation of contraband or smuggled goods,· in the Court of Exchequer. 62-63 V., c. 11, s. 6. 46.

The Court of Appeal of British Columbia is hereby New 8. 46. constituted a Court of Appeal for the Territory. ~;:r~rf 2.

An a.ppeal shall lie from any final judgment of the Terri- Jurisdi~tion torial Court to the judges of the said Court of Appeal sitting . together as a full court where the matter in controversy amounts to the sum or value of five hundred dollars or upwards, or where the title to real estate or some interest therein is in question, or the validity of a patent is affected, or the matter in question re- lates to the taking of an annual or other rent, customary or other duty or fee, or a like demand of a public or general nature affect- ing future rights, or in cases of proceedings for or upon mandamus, prohibition or injunction. 3.

The said Court of Appeal and the judges thereof shall Powers. have the same powers, jurisdiction and authority with reference to any such appeal and the proceedings thereon as if it were an ap- peal duly authorized from a like judgment, order or decree made by the Supreme Court of British Columbia, or a judge thereof, in the exercise of its ordinary jurisdiction. 4. Notice of any such appeal shall be given within twenty Notice of days from the day upon which the judgment appealed from is Appeal. pronounced or given, or within such further time as the Terri- torial Court may allow. 5.

Execution of the judgment appealed from shall not be Execution. stayed except upon application to the Territorial Court or to the said Court of Appeal or a judge thereof, and upon such terms as may be just. . 6. Three judges of the said Court of Appeal shall constitute Quorum. a quorum for the hearing of appeals from the Territorial Court. 7. The procedure upon such appeals shall be regulated by Procedure. the ordinary practice and procedure upon similar appeals coming before the said Court of Appeal, so far as such practice and procedure are applicable and are not inconsistent with any-

xxvi . Hules. Appeal to Supreme Court of Canada. Powers 01 judge 01 Territorial Court. Trial of controverted elcctioDB. Illness or ubsence of judge. Disqualifi cation 01 judge. Judge pro hac Dice. 'The Yukon Act. thing in this Act, and except in so far as is otherwise provided by general rules made in pursuance of this Act. 8. The judges of the sn,id Court of Appeal, or any three of them, may mn,ke general rules not inconsistent with this Act for regulating the practice and procedure upon appeals from the Territorial Court. 9.

An appeal shall lie to the Supreme Court of Canada from the judgment upon any appeal authorized by this Act of the Court of Appeal of British Columbia, wherever such an appeal to the Supreme Court of Canada would have been authorized had the judgment appealed from been delivered by ~he Court of Appeal of British Columbin, in :t like case in the exercise of its ordinary jurisdiction upon appeal in respect of cases originating in the courts of the said province. 2 George V., c. 56, s. 2. 46. (

a) Alll'eferences in the Yukon Act to the judges of the Territorial Court shall be construed as referring to the judge of the Territorial Court and, except as otherwise provided in the case of appeals, the judge of the Territorial Court shall have all the powers and authority now vested in any or all of the said judges. 2 Geo. V., e. 56, s. 3. 46. (

b) When, under the provisions of the Dominion Con troverted Elections Act, two judges are required for the trial of an election petition in the Yukon Territory, or for the hearing of a special case under the said Act, such judges shall be the judge of the Territorial Court and a judge of the Court of Appeal of British Columbia or of the Supreme Court of British Columbia, or two judges of the said courts of British Columbia, or either of such courts, and every sueh judge shall, for the purposes of the said Act, have all the powers of a judge of the Territorial Court. 2 Geo. V., c. 56, s. 5. 46. (

c) In case of the illness of the judge of the Court, or if the judge be absent, the Governor in Council may specially ap point any barrister 01' advocate of at least ten years standing to discharge the duties of the judge during his illness or absence, and the person so appointed shall, during the period aJoresaid, have all the powers incident to the office of the judge of the Court. 2 Oeo. V., e. 56, s. G. 46. (

d) If the judge of the Court- (

a) is interested in any cause or matter, or is disqualified by kinship to any pnrty; or (

b) has been professionally engnged in any cnuse or matter as counsel or solicitor for any party previously to his appointment to the office of judge, and considers himself thereby incapacitated from sitting or adjudicating therein, the Governor in Council may, upon the written application of the judge, setting out such impediment, appoint any other person having the qualifications hercillbefore mentioned to act as judge pro hac vice in relation to any such cause or matter .. 2 Oeo. V., c. 56, s. 7.

The Y1tkon Act. 46. Cc) Every sueh temporary judge, or judge pro hac vice, Oath. shall be sworn to the faithful performance of the duties of his office. 2 Geo. V, c. 56, s. 8. XXVII 46. (

f) Any judge temporarily appointed to discharge. the ~Iay.conclude duties of the judge may, notwithstanding the expiry of the term g~~~~~Jinas. of his appointment, or the happening of any event upon whieh 0 his appointment terminates, proceed with and conclude the trialor hearing at that time actually pending before him of any cause, matter or proceeding, and pronounce judgment therein, and may likewise pronounce judgment in any cause, matter or proceeding previously heard by him and then under considera- tion or reserve; and any such trial, hearing or judgment shall have the same validity and effect as if heard or pronounced during the said term or previously to the happening of the said event. 2 Geo.

V., c. 56, s. -9 . . <16. (

g) His Majesty may, by letters patent under the Great AnD~ity (or Seal, grant to each of two of the judges of the Territorial Court of two Judges. the Yukon Territory now holding office, an annuity equal to the salary of the office now held by him, which annuity shall com- mence immediately after his resignation and continue thenceforth during his natural life: Provided that if, in the opinion of the Proviso BB to Governor in Council; it becomes necessary or expedient at any ~~~~~=irce time during the continuation of such annuities that there should required. be two or more judges.in the said Territorial Court, or in any superior court of record in and for the said Territory, or if any judge of any such court should die, resign or otherwise vacate his office as such judge, the Governor in Council may appoint either or both of the judges receiving such annuity as aforesaid a judge or judges of such court, and if any judge so appointed, not being at the time incapacitated by illness or infirmity, does not thereafter perform the duties appertaining to such judgeship, such annuity shall forthwith cease and determine; but this pro- vision shall not affect the authority of.the Governor in Council to appoint any other qualified person to be a judge of ·such court. 2 Geo.

V., c. 56, s. l. (Sections 47 and 48 of the Yukon Act repealed. 2 Geo. V.; c_ 56, s. 2.) 49. Sittings of the court presided over by a judge or judges Sittingso( shall be held at such times and places as the Governor in Council the court. or the Commissioner appoints, and such sittings shall be public. 2 E. VII., c. 34, s. 4. 50.

The Governor in Council may, at any time, by pro- Judicial clamation divide the Territory into judicial districts, and give ~isfricts dmay to each such district an appropriate name, and, in like manner, e orme . from time to time, alter the limits and extent of such districts. 62-63 V., c. 11, s. 6. ~:i. Every judge of the court shall have jurisdiction through- Powers 01 out the Territory, but shall usually exercise the same within the single judge.

xxviii Cet/iorari. Powers of a judge. Rules aud orders. Jurisdiction of judge. Actions of slander, etc. Jury. The Yukon Act. judicial district, if any, to which he is assigned by the Govemor in Council, and in all causes, matters and proceedings, other than such as are usually cognizable by a court sitting en banc, and not by a single judge thereof, shall have and exercise all the powers, authorities and jurisdiction of the court. 62-63 V., c. 11, s. G. 52.

Subject to any statute' prohibiting or restricting pro ceedings by way of certiomri, a single judge shall, in addition to his other powers, have all the' powers of the court as to proceed ings by way of certiorari over the proceedings, orders, convic tions, and adjudications had, taken and made by justices of the peace, and, in addition thereto, shall have the power of revis ing, amending, modifiying or otherwise dealing with the same; and writs of certiorari may, upon the order of a judge, be issued by the clerk of the court mentioned in such order return able as therein directed. 62-63 V., c. 11, s. 6 53.

Whenever, under any Act in force in the Territory, any power or authority is to be exercised, or anything is to be done, by a judge of a court, such power or authority shall, in the Territory, be exercised or such thing shall be done by a judge of the Territorial Court, unless some other provision is made in that behalf by such Act. 62-63 V., c. 11, s. 6. 54. Subject to the provisions of any Act or Ordinanc'=l re lating to the Territorial Court, the judges of the said court may make general rules and orders prescribing and regulating the procedure and practice of the court in civil matters. 2 E.

VII., c. 35, s. 7. SPECIAL rRovISIO~S AS TO JURISDICTION IN CIVIL MATTERS. 55. Evel'y judge of the Court shall have jurisdiction, power and authority to hold courts, whether established by Ordinance or not, at such times and placcs as he thinks proper, and at such courts, as sole judge, to hear all claims, disputes and de mands whatsoever, except as herein provided, which are brought before him, and to determine any questions arising thereout, as well of fact as of law, in a

summary manner; and such courts shall be open public courts. 2.

On the application to set a cause down for trial, if the action be for slander, libel, false imprisonment, malicious pro secution, seduction or breach of promise of marriage, or if the case arises out of a tort, wrong or grievance in which the dam ages claimed excecd five hundred dollars, or if the action be for debt or founded on contract wherein the amount claimed or the damages sought to be recovered exceed one thousand dollars, or if the action be for the recovery of real property, and if either party signify his desire to have the issues of fact therein tried by a judge with a jury, or the judge so direct, the same shall be tried by a jury.

G2-63 V., c. 11, s. 6.

The Yukon Act. xxix 56. In cases of disputed accounts, thc judge may, in place Disputed f . lb' d' h'd b k b I k accounts. o a tna y Jury, Jrect t e eVl ence to e to. -en y any c er of the court, or by any other competent person; which clerk or other person shall be sworn to take the samc truly, and to reduce it to ,,-riting. 62-63 V., c. 11, s. 6. 57. Thc judge may give judgmcnt on the verdict of the Judgment in jury or upon the evidence taken by the clerk or other person such cnscs. as nJoresaid, or may, in the case of a verdict, order a new trial, when justice seems to require it. 62-63 V., c. 11, s. 6. 5§.

In all cases a judge Illay give such jUdgment and make Equity l\Dd such orders and decrees, interlocutory and final, as appear just ~~i~~c~o~~ and agreeable to equity and good conscicnce. 62-63 V., c. 11 direct. s. G. 59. No court or judge in the Territory shall have j urisdic- Gambling tion in respect of any action for a gambling debt, or 'of any debts. action by any person on any promissory note, bill of exchange, cheque, draft or other document or writing whatsoever, the consideration or any part of the consideration for which was a gambling debt. 62-63 V., c. 11, s. 6. 60.

Every· judgment of the judge shall be pronounced in Judgm.cnl. open court as soon as Illay be after the hearing of the case i how given. except that, in any case where the judge is not prepared to pronounce judgment at the close of the trial, he may postpone judgment and deliver and enter the same subsequently, and such judgment shall be as effectual as if rendered in court at the trial.· 62-63 V., c. 11, s. 6. SI.

The proceedings to carry into effect any judgment, ~xccution of order or decree of the court whether interlocutory or final, Judgment. shall be as prescribed by Ordinance of the Commissioner in Council; or, if no such ordinance is in force when the judgment, order or decree is rendered, then in such manner as the judge who pronounced the same directs. ·62-63 V., c. 11, s. 6. 62.

The Governor in Council may, from time to time, by Repelllo! proclamation repeal the provisions of the seven sections next scctio,r.s . preceding, or any of them, from and after a day to be named preee Ing. in such proclamation. 62-63 V., c. 11, s. 6. ADMINISTRATION OF CRIMINAL LAW. ·63.

The procedure in criminal cases in the Territorial ;Proc.ed!lrc Court shall, subject to any Act of the Parliament of Canada, ID CrImmal f I b h cl ... l'k cases . . con orm. as near y as may e to t e proce ure eXlstmg m J C cases in the Northwest Territories on the thirteenth day of June, one thousand eight hundred and ninety-eight. 2. No grand jury shall be summoned or sit in t.he Territory. No grancl 61 V., c. 6, s. 15. JUTy.

xxx The Yukon Act. Judge to 64. Every judge of the Court shall have and may exercise ~f~:~;ers the powers of a justice of the peace, or of any two justices of more justices. the peace, under any laws or ordinances in force in the Ter- Summnry trilll in certain cases. Theft, etc. Wounding. Indecent assault. Escape. ctc. Trial with jury. SUllllllllr,Y trial with consent. Jury of .ix. Accused summarily tried lor one offence may be convictcd 01 nnother. Punishmcnt in such CRse. ritory. 61 V., c. 6, s. 15. . 63. Every such judge may in a

summary way, and without the intervention of a jury, hear, try and determine any charge against any person of having committed in the Yukon 1.\irritory the offence of,- (

a) theft or attempt to steal, or obtaining money or pro perty by false pretences, or unlawfully. receiving stolen property, in any case in which the value of the whole pro perty aUegedto have been stolen, obtained or received, does not, in the opinion of such judge, exceed two hUlldred dollars; or, (

b) unlawfull:r wounding or inflicting any grievous bodily harm upon any other person, either with or without a \veapon or instrument; or, (

c) indecent assault on any female, or on a male person under the age of fourteen years,. when such assault, if upon a' female, does not, in his opinion, amount t.o an assault with intent to commit rape; or, (

d) escaping from lawful custody or committing prison breach, or assaulting, resisting or wilfully obstructing any judge or any public or peace officer engaged in the execu tion of his duty, or any person acting in aiel of such officer. 61 V., c. G, s. Vi .. 66. When any pcrson is chargcd with a criminal offence not within the next preceding section, and which is not other wise by any law made summarily triable without the consent of the accused, the charge shall he heard, tried, . :tlld determined by the judge with the intervention of a jury: Provided th:tt in any case the accused may, with his own consent, be tried. by a judge in a

summary way and without the intervention of a jury. 61 V., c. 6, s. 15. 67. In any case of trial with the intervent.ion of a jury, the jury shall be composed of six jurors. 61 V., c. 6, s. 15. GS. Whenever upon a trial before a judge in a

summary way such judge is not sat.isfied that the accused is guilty of the offence with which he stands charged, but the circumstances are such t.hat, upon a trial before a jury under the Criminal Code for the like offence, the accused might be found guilty of some other offence, the judge shall have the same po\ver as to findings as a jury would have in the like circumstances under the Criminal Code, and may convict the accused of such other offence, notwithstanding that such offence is one for which under the preceding sections, the accused could not, without his own consent, have been tried in a

summary way. 2. The person so convicted shall be liable to the punish ment by the Criminal Code or otherwise by law prescribed for the offence of which he is so found guilty. 61 V., c. 6, s. 15.

The Yukon Act. 69. The judge shall, upon every such trial, take or cause C~nlducl or to be taken down in writing full notes of the evidence and trlu . other proceedings thereat; and all persons tried as aforesaid shall be admitted, after the close of the case for the prosecution, to make full answer and defence by counsel, attorney or agent. 61 V., c. 6, s. 15. 70.

When any person is convicted of a capital offence and CffPital is sentenced to death, -the jUclge shall forward to the Minister 0 enccs. of Justice full notes of the evidence, with his report upon the cuse; and the execution shall be postponed, from time to time, by the juclge, if found necessary, until such report is received and the pleasure of the Governor General t.hereon is communic::tt- cd to the Commissioner. 61 V., c. 6, s. 15. 7.1. Subject to the provisions of any Ordinance of the Com- SU!,llHOllilll,: .. . C'I . I' ft' I I I1 or Jurors.

Il11SS10ner In ounCI, persons requlrec as Jurors or a !'la s la be summoned by a judge from among such male persons as he. thinks suitable in that behalf; and the jury required on such trial shall be called from among the persons so summoned as such jurors, and shall be sworn by the judge who presides at the trial. 61 V., c. 6, s. 15; 3, E. VI!., c~ 7:3, s. 1. 72.

Any person arraigned for treason or an orrence punish- Peremptory able with death, or an offence for which he may be sentenced ~~~~~~d~c by to imprisonment for more than five years, may challenge per emptorily and without cause any number of jurors not exceed- . ing six; and ever}' peremptory challenge beyond that number shall be void. 2. The Crown may peremptorily challenge any number of gy the jurors not exceeding four. , . rown. 3. Challenges for cause shall be the same as are provided for phallcngc~ in the Criminal Code. 61 V., c. G, s. 15. or cause. 73.

Subject to the provisions of any ordinance of the Com- Summ.o~ing .. .

C 'I'f b f h II th' or additIonal mlSSlOner In ouncl, I y reason 0 c :1 enges or 0 erWISe, jurymen. the number of jurors summoned for the trial is exhausted, the judge shall direct some constable or other person to summon by word of mouth from among the bystanders or from the neighbourhood, such number of persons as are necessary to make up a jury, who shall be subject to challenge as if SUlll- moned by thc judge in the first instance, and the like proceed ings'shall be repeated if necessary, until a jury is obtained, competent to try the case. 61 V., c. 6, s. 15; 3 E. VII., c. 73, s"1. 7 4.

Subject to the provisions of any ordinance of the Co m- Penalty [or .. . C '1 d t non-attendnllSSlOner III ounCI, any person so summone '0 serve as a oncc. juror who makes default or refuses to serve as such juror, with- out lawful excuse to the satisfaction of the judge, may be fined by him in a sum not exceeding ten dollars, and committed to prison unt.il such fine is paid. 61 V., c. G, s. 1.5; 3 E. VII., c. 73, s. 1.

XXXll Attendance of witnesses. Bench warrant. Charge oC I:ontcmpt. Hcturns oC trial. Go,"ernor in Council may repeal 13 sections preceding. Jurymen lo be British . subjects. Charge in "Titing against accused. . Justices hold in" preliminary investigation to transmit papers to court. The Yukon Act. 75.

Any person duly summoned, whether on behalf of the prisoner or against him, to attend and give evidence on any such trial, shall be bound to attend on the day appointed for the same, and shall remain in attendance throughout the whole trial; and, if he fails so to attend, he shall be deemed guilty of contempt of court and may be proceeded against therefor. 61 V., c. 6, s. 15. 76.

Upon proof to the satisfaction of the judge of the sum moning of any witness who fails to attend, and upon such judge being satisfied that the presence of such witness before him is indispensable to the ends of justice, he may, by his warrant, cause such witness .to be apprehended and forthwith brought before him to give evidence and to answer for his contempt; and such witness may be detained on such warrant with a view to secure his presence as a witness, or may be released on recog nizance, with or without sureties, conditioned for his appear ance to give evidence as therein mentioned, and to answer for his contempt. 61 V., c. 6, s. 15. 77.

The judge may, in a

summary manner, examine and dispose of the charge of contempt against such witness who, if found guilty of contempt, may be fined or imprisoned, or both, sllch fine not to exceed one hundred dollars, and such imprison ment to be with or without hard labour, and not to exceed the ternl of ninety days. 61 V., c. 6, s. 15. 7S. Returns of all trials and proceedings, civil and criminal, shall be made to the Commissioner in such form and at slIeh times as he directs. 61 V., c. 6, s. 9. 79.

The Governor in Council may at any time by proclama tion declare that the thirteen sections last preceding shall be repealed from and ufter the date named in such proclamation. 61 V., c. 6, s. 9. SO. No person shall be summoned or sworn as a juryman on nny trial in the Territorial Court, unless he is a British subject . 61 V., c. 6, s. 17. SI. The trial uf any person charged with a criminal offence shall bc commenced b:r a formal charge in writing setting forth as in an indictmcnt the offence wherewith he is charged. 61 V., c. 6. s. 15 . 82.

Every justice of the peace or other magistrate holding a preliminary illvestigation into any criminal offence which may not be tried under the provisions of

Part XV of the Crim inal Code shall, immediately after the conclusion of such inves tigation, transmit to the elerk of the court, or the clerk of the comt for t.he judicial district in which the charge was made, all informations, examinations, depositions, recognizances, inquisi tions [tnd papers connected with such charge, and such clerk

The Yukon Act. XXXllI shall notify the senior judge of the court or the judge for the district of such investigation and the result thereof. 51 V., c. 5, s. 15. S3.

Whenever any person charged is committed to jail for Not~c:e by trial, the sherifT or other person in charge of such jail shall, ~~dnfTort() within twenty-four hours, notify a .i udge of the court, in writ- ~on~~littal ing, that such prisoner is so confined, stating his name and the ror trial. nature of the charge preferr<!d against him; whereupon, with as little delay as possible, one of the judges of the court shall cause the prisoner to be brought before him for trial, cither with or without a jury, as the case requires. 61 V., c. 5, s. 15. ~ §4.

The Governor in Council may, from time to time, direct Esb,blish- . h b 'Id' If' I . mentor t at any Ut mg, or any part t le reo , or any 1I1C osure, 111 any jails anrl part of the Territory, shall be a jailor lock-up for the confine- lock-ups. ment of prisoners charged with the commission of any offence or sentenced to any punishment or confinement therein; and confinement therein shall thereupon be held lawful and valid, whether such prisoners are being detained for trial or are under sentence of imprisonment in a penitentiary, jailor other place of confinement. 51 V., c. 6, s. 9. §5.

The Governor in Council may, at any time, direct that Disestablish any building, or any part thereof, or any inclosure shall cease ment. to be a jailor lock-up, and thereupon such building or part . thereof, or such inclosure, shall cemie to be a jailor lock-up. 61 V., c. 6, s. 9. 86.

The Governor in Council may, from time to time, Tern.ls. und prescribe the terms and conditions upon which persons convicted condfi,t.lOns0t.[ if I 1 · ., . h cnn nemen or accused of any 0 cnce une er any or( malice III IOrce III t e 9[ offenders Territory, or any municipal by-law or regulation, or sentenced un1~r to confinement under any such ordinance, by-law or regulation, ~~~.,"anccs. or arrested under any civil proccss, shall be received and kept - in any jailor lock-up created under the authority of the two next preceding sections; and he may, from time to time, specify what jails and lock-ups shall be available for the confinement of such persons. 61 V., c. 6, s. 9.

S7.

Every lock-up, guard-room, guard-house or place of Police guard confinement provided by or for or under the direction of the ~~I~~C;'\~" Royal Northwest Mounted Policc Force, or the regular military ~e!'tiaries. force, or a mi.micipal body, 0.· by the Commissioner or Co m- ~'i~!~~~n~[ missioner in Council of the Territory, shall be a penitentiary, e~nfillcment. jail,~nd place of confinement for all persons sentenced to im prisonlnent in the Territory, und the Commissioner shall direct in which such penitentiary, 'jail or place of confinement any person sentenced to imprisonment shall be imprisoned. 61 V., c. 6, s. 18.

S§. The Governor in Council may make rules and regula- Their tions respecting the management, discipline and policy of evcry ~:~dn"gclllent 70263-c discipline.

xxxiv Appointment. Tenure or office. Salaries. Livin fr Hllow~ncc5. Qualification. F.J: Officio justicc~. And m.ugi~tratcs ror summ:lry trials. The Yukon Act. penitentiary, jailor place of confinement used as such 10 the Territory. 61 V., c. 6, s. 18. POLICE MAGIS'I'RA'l'ES AND 'I'HEIR SPECIAL JURISDICTION. 89.

The Governor in Council may appoint police magis trates for Dawson and White horse in the Territory, who shall reside at those places, respectively, and shall ordinarily exercise their fUllctions there, but who shall have jurisdiction respec tively in such portions of the Territory as are defined in their commissions. 1 E. VII, c. 41, s. 1. 90. Such police magistrates shall hold office during pleasur0 and shall be debarred from practising professionally while hold ing office. 1 E. VII., c. 41, s. 2. 91.

The annual salary of each of such police magistrates shall be four thousand dollars, and such salaries may be paid out of any unappropriated moneys forming part of the Con solidated Revenue Fund of Canada. 2. Such magistratcs may be paid in addition to the said salaries such living allowances as may be fixed by the Governor in Council. 1 E. VlL, c. 'H, s. 3; 2 E. VII., e. 36, s. 1. 92. No person shall be appointed a police magistrate here under unless he has been admitted and has practised as an advocate, barrister or solicitor in onc of the provinces of Canada for a period of not less than three years. 1 E.

VIL, c. 41, s. 4. 93. Each of the police magistrates so appointed shall ex officio, within the teJ'l'itorial limits of his jurisdiction, be a justice of the peace and have and exercise the authority and jurisdiction of two or more justices of the peace sitting or act ing together. 1 E. VII., c. 41, s. ij. 94·. Each such police magistrate shall also, within sueh limits, be a magistrate for tbe purpose of

Part XVI of the Criminal Code, and shall have and exercise all the jurisdiction of such a magistl'ate, including that vcsted in police magistrates of cities and incorporated towns by the said Part; and his jurisdiction under the said Part shall be absolute without the consent of the person charged, except in cases where such j uris diction is dependent upon the provision of the said Part with respect to police magistrates of cities and incorporated towns, or where the accused is charged with theft or with obtaining property by false pretences, 01' with unlawfully receiving stoien property, and the value of the property stolen, obtained or received exceeds ten dollars, in which case8, unless the accused consents to be tried by the police magistrate, or unless he is a person in respect of whom the magistrate has absolute juris dict.ion under the said Part, he shall be dealt with as in orcli nary cases of indictable offences. 1 E.

VII., c. 41, s. 5.-

The Yukon A.et. xxxv 93. The Governor in Council may, subject to the limitations ~i,:,il .. hereinafter mentioned, if he thinks proper, vest any police JUrISdICtIOn. magistrate so appointed with civil jurisdiction,- .. (

a) in cases of claims and dcmands of debt, or account, or breach of contract or covenant, or money demand, whether payable in money or otherwise, where the amount does not exceed five hundred dollars; (

b) in other personal actions where the amount claimed does not exceed three hundred dollars, or, if the parties consent in writing, does not exceed five hundred dollars; (

c) in all cases of claims for the recovery of a debt or money demand where the amount or balance of the claim does not exceed one thousand dollars exclusive of interest as here inafter mentioned, and such amount or balance is ascer tained by the signature of the defendallt or of the person whom as executor or administrator the defendant repre sents, notwithstanding that the claim with the interest accrued or accumulated since such ascertainment exceeds the sum of one thousand dollars. 1 E. VII., c. 41, s. 6. 96.

Such police magistrates, if given civil jurisdiction, shall Replevin up also have jurisdiction in cases of replevin where the value of to $300. the goods or other property or effects dil?trained, taken or detain- ed, does not exceed three hundred dollars. 1 E. VII., c. 41, s. 7. 9,... Such police magistrates shall not have ju)·isdiction, in Jurisdiction t f t · exr.ludcd in respec 0 ac 10nS,- ccrtnin cases. (

a) for gambling debts; (

b) for spirituous or malt liquors drunk in a hotel, tavern, or house of public entertainment; (

c) on notes of hand given wholly or partly in consideration of a gambling debt or for such liquors; (

d) for the recovery of land or in which the right or title to any corporeal or incorporeal hereditament, or to any toll, custom or franchise, comes in question; (

e) in which the validity of any devise, bequest or limitation under a will or settlement is disputed; (

f) for malicious prosecution, libel, slander, criminal con versation, seduction, or breach of promise of marriage; (

a) against a justice of the peace for anything done by him in the execution of his office, if he objects to such jurisdic tion. 1 E. VII., c. 41, s. 8. 98. Each of the judges of the Territorial Court shall have, .Jud~es to and may ·exercisc in any p:ut of the Tcrritory, the criminal have. I jurisdiction vested by this Act in police magistrates, :1nd, in the f~~~di~tion exercise of such jurisdiction, shall have all the powers of a 01 po.'icc I· . t t 2 E ,TII 3- 1 magIstrates. po Ice magIs ra e. " . ., c. ::>, s. . 99.

The Governor in Council mav, from time to time, assign tutlg~m!\~ to one of the judges of the said court the duty of ordinarily CnsSlgTlC. exercising such jurisdiction. 2 E. VII., c. 3.5, s. 2.

xxxvi Appeal to Territorial Court. Hcal'ing and decision. Procedure und praeti(:c:. Appeal from Territorial Court. Court of Appeal under

Part XIX of Criminal Code. Appeal frolll sUlllmary convictions. Justice with authority of two justices. The Yukon Act. 100. There shall be an appeal to the Territorial Court from t.he final judgment of a police magistrate in any civil case where the amollnt in dispute, exclusive of costs, exceeds onc hundred dollars. 2. Thc appeal in such. case shall be heard upon the evidence taken before the police magistrate, and the judgment of the Territorial Court shall be final. 1 E. VII., c. 41, s. 9, 101. The Commissioner in COllncil shall have full power, from time to time, to malc<.! ordinances,- (

a) prescribing and regubting the procedure and practice to be observed in connection with the exercise of the civil jurisdiction of police magistrates uncler this Act; or, .. (

b) empowering the judges of the Territorial Court to make general rules and orclers prescribing and regulating such procedure and pmct.ice. 1 E. VIL, c. 41, s. 10. APPEAL ON CRIMINAL CASES. 102. For the purpose of Prtrt XIX of the Criminal Code the court of appeal from the Vfll"Ciict or judgment of the Ten·i torial Court or a judge thereof shall be the Supreme Court of Canada. 1 E. VII., c. '11, s. 11. 1.03. For the purpose of

Part XIX of The Criminal Code, the court of appeal from the judgment of a police magistrate in a case where his jurisdiction is dep0ndent upon the provision of the said Part with respect to police magistrates of cities and incorporat<.!d towns shall be the TeITitorial Court, and there shall be an appeal from the Territorial Court to the Court of Ap peal of British Columbia. 2 Geo. V., c. 56, s. 4. 104. In the Territory the :tppeal from a

summary cOIl\"ic tion or order under

Part XV of the Criminal Code shall be to a judge of the Territorial Court sitting without a jury at the place where the cause of the information or complaint arose, or the nearest place thereto where a court is appointed to be held. 1 E. VII., c. 41, s. 11. JUS'l'ICES OF THE PEACE. 105.

While in the Territory, the Commissioner, each member of t.he Council, every judge of the court, and every commis sioned officer of the Royal Northwest Nounted Police, shall ex officio have, possess and exel·cise all the powers of a justice of the peace, or of two justices of the peace, under any laws or ordinances, civil or criminal, in force in the Territory, and the Governor in Council may, by commission, appoint such other persons justices of the peace or police commissioners, having each the power of two justices of the peace within the Territory, 3S may be deemed desirable. 61 V., c. 6, s. 16.

The l'ttkon Act. XXXVII CORONERS. 106. All persons possessing the powers or two justices of COl roner~, I . I 1'· h 1I I 1 . d f h \\" 10 to "e. t le peace 111 t le erntory s a a so )e coroncrs III an . or t e Territory, 61 V., c. 6, s. 19. 107.

Except as hereinafter provided, no inquest shall be Inquests, h I I h 1 cl f d I 1 when only to e c upon t e )0 y 0 any cceasec person )y. any coroner, be held. unless it has been made to appear to such coroner that there is reason to believe that the deceased died from violence or unfair means, or by culpable or negligent conduct either of himself or of others, uncler such circumstances as require in vestigation, and not through mere accident or mischance. 61 V" c. 6, s. 9. 108.

Upon the death of any prisoner, the jailer or officer D~uth of in charge of the jail wherein such prisoner dies shall imme- prIsoner. cliately give notice to the nearest resident coroner, ancl such coroner shall proceed forthwith to hold an inquest upon the body. 61 V., c. 6, s. 9. J.09. It shall not be necessary in any case that a coroner's Coroner's jury shall exceed six persons, but in every case of an inquest six Jury. jurors must agree in order to render the verdict valid. 61 V., c. 6, s. 9. 110.

Coroners shall have the same power to summon wit- Power to d . h I f d· b . summon nesses an to pU\11S t 10m or ISO eymg a summons to appear witnesses, or for refusing to be sworn or to give evidence ItS are possessed etc. by justices of the peace. 61 V., c. 6, s. 9. 111. The fees of coroners, jurors and witnesses attending Fees of inquests may bc fixed, from time to time, by the· Governor in coroners. Council, and paid in such manner as he directs. 61 V., c. 6, s. 20. ENFORCEMENT OF TERRITORIAL ORDINANCES. 112.

Unless otherwis~ therein specially provided, proceecl- Enforcement . f th· ·t· f . h t b fi It . of fines, ete. mgs or C IInposl IOn 0 pums men y ne, pena y or IIn- prisonment for enforcing any ordinance in force in the Terri tory may be brought summarily before a justice of the peace under the provisions of

Part XV of the Criminal Code. 61 V., c. 6, s. 9. PROHIBITION OF INTOXICANTS. 113. No intoxicating Jiquor or intoxicants shall be manu- Ma:nulucture, factured, compounded, or made in the Territory; and no intoxi-~! .mporta· cating liquor or intoxicants shall be imported or brought into hibif:.r the Territory from any province or territory in Canada or else- where, except by permission of the Governor in Council. 62-63 V., c. 11, s. 3.

xxxviii Such importation subject to . customs and excise luw. Yukon Act. 114. All intoxicating liquors or intoxicants imported or brought from any place out of Canada, into the TerI'itory, shall be subject to the Customs and excise laws of Canada. 62-63 V., c. 11. s. 4. SCHEDULE.

The Yukon Territory shall be bounded as follows :-On the south, by the Province of British Columbia and the United States Territory of Alaska; on the west, by the said United States Territory of Alaska; on the north, by that part of the Arctic Ocean called J?eaufort Sea; and on the cast, by a line beginning at the point of intersection of the left bank of the Liard River, by the northern boundary of the province of British Columbia in approximate longitude 124 0 16' west of Greenwich; thence northwesterly along the line of the water-shed separating the streams flowing into the Liard River below the point of beginning or into the Mackenzie River, from those flowing into the Liard Hiver above the point of beginning, or into the Yukon River, to the line of watershed of the basin of Peel HiveI'; thence northerly along the line of watershed between the Peel and :Mackenzie Rivers to the sixty-seventh degree of north latitude; -thence westerly along the parallel of the sixty seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in MeDougall Pass between Rat and Bell Rivers; thence clue north to the northcrn limit of the Yukon TeITitory; the said Terri tory to include the islnnds within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass. 1 E. vn., c. 41, seh.

Minas Liens. An Ordinance Respecting Liens in Favour of Miners. AT THE GOVEllNMENT HOUSE AT O'fTAWA. Saturday, the 26th day of May, 1906. PRESENT: HIS EXCELLENCY THE GOVERNOR GENJ<JRAL IN COUNCIL. THE Governor Geneml by and with the advice and consent of His Majesty's Privy Council for Canada, enacts as follows:- XXXIX 1. This Ordinance may be cited as The Miners Dien Ord1:n- Short tiLk. ance. 2. In this Ordinance: (

a) The cxpressioll "owner" extends to and includes a person Jntcrpretal.ion having any estate or interest in the mine upon or in respect to "owner." which thc work or wood in respect of which a lien is claimed is done or furnished, and all persons claiming under him whose rights are acquired after such work is begun or suc~ wood is commenced to be furnished; Cb) The expression "layman" means any person other than "Laymnn." the owner who is working said mining claim or a part thereof for an interest or share of the minerals or ore produced there- from; Cc) The words "registering" or "registration" means the '.'Rcgistcl" filing or depositing of an instrument with the Gold Commissioner lng." or Mining Recorder. (

d) The word "miner" means any person working upon a "Mincl·." mining claim or in connection therewith. Ce) The words "Court" or "J udge" mean the Territorial "Court or Court. of the Yukon Territory or a judge thereof. Judgc." LIEN FOR WORK OH WOOD. 3.

Any person who performs any work or service upon or in Who shall respect to, or furnishes any wood to be used in the working h'l\"c licn. of any placer or quartz mining claim, shall by virtue thereof have a lien for the price of such work or services or wood upon the said mining claim with the appurtenances thereto, the minerals or ore produced therefrom, the lands occupied thereby, or enjoyed therewith, or upon 01· in respect to which such work or service is performed or for, or upon which such wood is furnished as well as upon the machinery and chattels upon such lands, limited, however, in amount to the sum justly due to the person entitled t.o t.he lien.

xl Effeet o( lien. To what property lien attaches. Lien, as to hall interest., takes priority O\'cr mort.gage, etc. Claim ,(epo.iter( with Minin!,: Recorder ,,,id Golr..l (;0111- Iuissionrr. \Yha t to statl'. Verified hy affid,\\' it. Clailllomay be joined. Claims lIIay he regis tpl''''' within :;0 "ays. 111 iners Liens.' 4.

Such lien upon registration as in this Ordinance provided shall attach and take effect upon the date of the registration as against subsequent purchasers, mortgagees or other encumbran cees whol';c mortgages or encumbrances are registered subsequent to the performance of such work 01' the fumishing of .such wood. 3. The lien shall attach upon the estate or interest of the owner and all persons having any interest in the mine and the minerals or ores produced therefrom, and upon the appurten ances thereto, the lands occupied thereby 01' enjoyed therewith and the machinery and chattels upon such lands. 6.

Any lien registered under the provisions of this Ordinance shall, as to an undivided onc-half interest in said mining cla.im, the appurtenances thereto, the lands occupied thereby or en joyed therewith and the nutchinery and chattels upon such lands and as to one-half of the output from said mining claim, take priority over all mortgages and encumbrances against the same: Provided that a lien registered under this Ordinance shall not have priority over mortgages or encumbrances regis tered prior to the passing thereof. HEGIS'['RA'1'ION OF LIEN. I.

A claim of lien may be deposited in the office of the :Mining Recorder for the district in which the mine is situated and the office of the Gold Commissioner, and shall state:- (

a) The name and residence of the claimant and of the owner of the property to be charged, and of the person for whom and upon whose credit the work was done or wood furnished, and the time or period within which the same was or wa.s to be done 01' furnished; (

b) The work done 01' wood furnished; (

c) The sum claimed as due 01' to become due; (cl) The description of the property to be charged; and, (

e) The date of the expiring of the period of credit agreed to by the c1aimanl for paymomt for his work or wood. 2. Such claims shall be verifiO!d by the affidavit of t.he claim ant or his agent having a personal knowledge of the facts sworn to. . • s. A cbim may include the claims of any number of claim ants aforesaid who may choose to unite therein; each claimant shall verify his claim by his affidavit but need not repeat the fncts set out in the claim. 9.

The claim may be registered at any time within thirty days after the last day's labour for which the wages arc payable, or on which wood wus furnished, or within thirty days after the time fixed for payment, or if the labour is performed or wood furnished between the first day of November in any year and the thirtieth day of April in the following year, at any time within thirt.y days after the said t.hirtieth day of April.

Millers Dien8. xli 1.0. The Mining Recorder, or his agent, in whose office the ~Iining claim is deposited, shall fort.li.wit.h forward to the Gold com-l;~~~rr~e~~;y missioner a copy of such claim certified by him to be a true to Gold copy, and the Gold Commissioner shall enter a. memoran- Commr. dum thereof against tlw mining claim described therein. 11.

Every lien in respect of which a claim has not been Licnrcascs duly deposited under the provisions of this Ordinance shall :~~1~ntion of absolutely cease to exist on the expirat.ion of the time herein- time for. before limited for the rerristntion thereof reglstratl<?n .... <. where chum not deposited. PHOCEEDINGS 'J'O REALIZE LIEN. 1.2.

Every lien in respect of which a claim has been duly Lien ceases depositeel u.nder the provisi~ns ?f this qrdinance shall absolut~ly l~~~~ ~g'Lays cease to eXIst upon the eXpIratIOn of sIxty days from the regls- stration . tration of such lien unless in the meantime proceedings are in- where. clulln . I I' I I' I l . . f I' 0 d' dl'posltcd. stltute( to rea lze t le c mm lll1( el' tile prOVISIOns 0 t liS r 1- nance and a certificat~ thereof (which may be granted by the Court- in which, or judge before whom, the proceedings are instituted) is duly filed in the office of the Gold Commissioner. 1.3.

Liens may be enforced by originat.ing summons in which Liens shall be set forth the grounds upon which such lien is claimed. ~~r~r~~~~~ Such summons shall be granted upon affidavit of the facts set summons. forth thel'ein, and the Court or judge may, either ex parte or after notice, appoint a receiver for such time and upon such terms as are just and proper, upon proof to his satisfaction that the lien- holder is in danger of losing his claim unless such receiver is appointed. . 1.4:.

Upon such summons being granted the Court or judge Court m.BY may, after notice given to. the various parties interested, in- d~Te~~i~~ cluding the workmen on the mining claim, which notice shall be liability. given in such manner as the Court or judge directs, summarily determine and fix the liability of the owner or layman for wages due to the claimant and other workmen who have filed claims and also his liability to any other person in respect of wood furnished. 15.

Any number of lien-holders may join in one summons Lien-holders and any action brought by a lien-holder shall be taken to be m~¥ join in brought on behalf of all the lien-holders who shall have registered BC Ion. their liens before or within thirty days after the commencement of the action, or who shall within the said thirty days file in the pro- per office of the COUl't from which the summons issued a statement .of their I'espective claims intituled in or referring to the said action. 2.

In the event of the death of the plaintiff or his refusal or In cvcnt of neglect to proceed, any other lien-holder who has registered his dehth. etc., . claim or filed his statement in the manner and within the time ~~o:;~u~ay a.bove limited for that purpose, may be allowed to prosecute and claim. continue the nction on such terms as are considered just and . reasonable by the Court or judge; 70263-D

xlii Estate mny be sold when claim not satisfied. 'Machinery, ·etc., may bc sold. Costs lIIny be added. Security may be given. Registration moy be annulled. Court to determine whole .matter. . Lien passes ·on dCllth of holdl!r. Lien~lIlay . be assigned. Discharge ·oEJicn. Registration lee. 'Mortgagee, -etc., to be notified by -owner or. layman. Miners Liens. 3.

If the minerals or ore produced from said mining claim are not sufficient to satisfy the liens registered against it, the Court or a judge may direct a sale of the estate and interest charged with the lien, to take place at any time after one inonth from the recovery of judgment, and it shall not be necessary to delay the sale for a longer period thereafter than is requisite to give reason able notice thereof; 4. The Court or judge may also direct the sale of nny wood, machinery and chattels charged with the lien; 5.

When judgment is given in favour of the lien-holder the Court or judge may add to the judgment the costs of and inci dental t.o registering the lien as well as the costs of the action; 6 .. Upon application the Court or judge may receive security or payment into Court in lieu of the amount of the claim, and may thereupon vacate the registration of the lien; 7. The Court or judge may annul the said registration upon any other ground; 8.

In any case the Court or judge may proceed to hear and determine the matter of the lien and make such order' as is just, and in case the person claiming the lien has wrongfully refused to give a discharge thereof, or has no just cause for his claim or claims a larger sum than is found by the Court or judge to be due, the Court or judge may order and adjudge him to pay the costs of the other party. DEVOLUTION AND ASSIGNMENT . 16. In t.he event of the death of a lien-holder his right of lien shall pass to his personal representatives. 1.7. The right of a iien-holder may be assigned by instrument in writing.

DISCHARGE OF LIEN. 18. A lien may be discharged by a receipt signed by the claimant or his agent and verified by affidavit and filed in the offices mentioned in

section 7 of this Ordinance; such receipt shall be numbered and entered like other instruments. FEES. 19. The fee for registering any instrument under this Ordi nance, shall be $2. ENCUlIIBERED MINES. 20. Every owner or layman, or if any owner or layman is an incorporated company, or is absent from the territory, the man ager or agent of such owner or layman, who hires, or contracts with,. any person to perform any work or service upon or in re spect t.o or to furnish any wood to be used in the working of any mining claim, against which any mortgage or encumbrance was

Miners Liens. registercd prior to the passing of this Ordinance, shall, immedia tely upon such hiring or contract, give notice in writing to every person holding any such mortgage or encumbrance of the fact of such hiring or contract. Such notice may be in form A in the

schedule to t.his Ordinance. xliii 21. Any person failing to give such notice who fails to pay any P~nalty for such person hired by him, or by whom wood has been furnished ~~:rr'; to as in the next preceding

section mentioned the full amount due ). such perSOIl, shall be liable to a penalty of not, exceeding two hundred and fifty dollars, and, in default of payment of such penalty and the amount so due, to imprisonment for a term not exceeding three months unless hc sooncr pays such pcnalty and amount. 22.

After a lien has been registered by any person so hired, or AI~r lien who has furnished wood, as aforesaid for money due him in ~~g~~\d~ be respect of such hiring, or for such wood, against any placer removed .. mining claim, it shall not be lawful for the owner or layman to remove any gold from such mining claim if a lien-holder who has registered his lien gives to such owner or laymen a written notice in form B in the

schedule to this Ordinance.

After such notice is given any person interested in such mining claim either on account of wages· or for wood, or as owner, layman, mortgagee or encumbrancer, may notify the mining inspector residing nearest to such mining claim that a lien has. been registered against such mining claim and that a lien-holder has forbidden the removal of any gold therefrom, and upon receipt of such notice the mining inspector shall forthwith by himself or his agent take possession of every dump and sluice box upon and all gold dust produced from, such mining claim, and make pro- vision for obtaining the gold therefrom at the expense of the own- er or layman, and in the event of there being a prior mortgage or M' . encumbrance against said mining claim shall payor apportion In~~I:tor to pro rata not exceeding one-half of such gold and gold dust to and take charge among all persons to whom amounts are due for wages or for ~~~~~t;~~~d wood furnished in connection with said mining claim and the .balance to the owner of the mine or th~ mortgage or encumbrance.

If there is no prior encumbrance ,on said mining claim the full amount of sl)ch gold and gold dust and so much thereof as may be required for the purpose shall be applied and so apportioned in payment of the amounts due to such persons for wages or for wood and any balance shall be paid to the owner of the mine. 2.

If t\lere is any dispute as to the amount due for wages or I~ case of wood, the saw mining inspector shall deposit with the cletk of tSb~te. dust the Territorial Court the gold dust produced from the mining deposited in claim to abide the decision of a judge upon any action to enforce Court. the lien. 23. At every clean-up on any placer mining claim the men Claimants to hired, or who have furnished wood, shall be entitled to h~.ve a ~eeprescnted at representative present, as well as at the weighing of the gold clean up. dust obtained thereby, and it shall be the duty of the owner or

·xliv Penalty for violation of. Ordinance to come into force on .Jul}, Ist-, 1906.

Schedule "A."

Schedule "B." Miners' Liens. layman to givc to such represent.ative, if required, a statement in writing of the quantity of gold obtained from time to time from sueh mining claim. 24.

Any owner or layman who violates any of the provisions of the next two preceding sect.ions and fails to pay to any such person so hired, or who has furnished wood, the amount due t.o such person in respect of such hiring or for such wood, shall be liabla to a penalty not exceeding two hundred and fifty dollars and in default of payment of such penalty and the amounts due by him for wages or for wood to imprisonment for a term not exceeding three months, unless he sooner pay such penalty and the amount due and unpaid in re8pect to such wa.ges or for wood. 25.

This Ordinance shall come into force on the first day of July, 1906. Schedule-Form A. To Take notice t.hat I have hired the following men to work mining claim No. (here give the ordinary description of the claim so as to cleady identify it and a list of the men hired) and that I propose to work such claim subject to the provisions of "The Miners Lien Ordinance" and to pay such men in accordance therewith and any other man who may be hired t.o work t.he same, whose name will be furnished by me when he is hired.

Take further notice that, unless you give notice in writing ob jecting to such hiring, the wages of such men will be gi\'en priority to your mortgage or encumbrance as to such one-half "of the gold received. Form B.

To Take notice thflt (name of workman who has filed lien) has filed a lien against mining claim No. (here give the ordinary description of the claim so as to clearly identify it) a~d that I, th2 undersigned, being a lien-holder on said claim, forbid the removal from such mining claim of any gold or gold du!';t until the amount due for wages or for wood on said claim, i;; paid._ RODOLPHE BOUDREAU, Assistant Clerk of the Privy Council.

THE CONSOLIDATED ORDINANCES OP THB YUKON TERRITORY 1914 ,

Be it enacted by the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of snid Territory, as follows:-

T\HE CONSOLIDA TEID ORDINANCES \ OF IT'HE I YUKON· TERRITORY. /p. I. An Ordinance respecting e Form and

Interpretation of Or I.. This Ordinance may e cited as "The

Interpretation

Short title. Ordinance." C.O.Y.T. c. I, s THE CONSOLIDATED RDINANCES-CITATION. 2. This Ordinance and fol wing series of Ordinances shall \VItaL. . db· d f 11 " Th C conBtltute~ constItute an may e cIte or a purposes as e on- consolid~ted solidated Ordinances of the Y kon Territory, 1914," and any qrdi!lances

chapter of the said consoli ted Ordinances may be cited CitatIOn. and referred to for· all purp es whatever either by its title as an Ordinance or by its sho title or by using the expression "The Ordinance (or The C solidated Ordinance) respecting . "(adding the rema der of the title given at the beginning of the particular ch pter) or by using the expression "The Consolidated Ordinances" or "The Consolidated Ordinances of the Yukon Territory" togeth r with a reference to the number .of the particular

chapter in e copies printed by authority. C.O.Y.T. c. I, s. 2. 3. This Ordinance an every provision thereof shall A~pliCl\tion of" extend and apply to ev~ry 0 dinance of th~ :rer~it?ry, n?w or ~:dinl\nce. hereafter passed except m so ar as the prOVISIOn 18 mconsIstent with the intent and object of such Ordinance or the interpreta- tion which such provision w uld give to any word, expression 70263-1! 3 or

Fm'm or enacting cl1\U8P., Chap. 1., I nterpretu.tion. or clause is inconsistent with the context and except in so far as any provision hereqf is in any such Ordinance declared not applicable thereto; and the omission in any Ordinance of a declaration that The

Interpretation Ordinance applies thereto shall not be construed to prevent it so applying although such express declaration is inserted in some other Ordinance or Ordinances of the same session. C.O.Y.T. c. 1, s. 3. FORM OF ENAC1·ING. 4. The following words may be inserted in the

preambles . of Ordinances and shall indicate the authority by virtue of whichr'they ':are . passed:: '~'The' Commissioner o('the' Yiikon Territory,' by' and.'vith' the advic'e' and 'consent of the C'ouiicil of said Territory, enacts as fo~lows." C.O.Y.T. c. 1, s. 4. Pl'u:un,blc :~illl (i. After the insertion of the words aforesaid, which shall ~ro:.t;;,~~~~ follow the settingfortli(if any) of theconsidera.tions or reasons upon which the law is grounded and which shall with these considerations or reasons constitute the entire

preamble, the various clauses of the Ordinance shall follow in a concise and ludors!'llI!'n t u[ r.ssenL Amendment or law in same session, InterpretB don, Lawalwl\Ys speaking, . enunciative form~ C;O.Y,T. c: 1, s'. 5. TIME OF COMMENCEMENT OF ORDINANCES. 6.

The Territorial Secretary shall indorse on every Ordinance of the Territory, immediately after the title of such Ordinance, the day, month and year when the same was by the Commissioner assented to or reserved by him for the assent of the Governor General; and in the latter case such Secretary shall also indorse thereon the day, month and year when the Commissioner has signified (either by speech or message to the Council or by proclamation) that the same was laid before the Governor General and that the Governor General was pleased to assent to the same; and such indorsement shall be taken to be a part of such Ordinance; and the date of such assent or signification (as the case may be) shall be the date of the commencement of the Ordinance if no later commencement is therein provided.

C.O.Y.T. c. 1, s. 6. AMENDMENT OR REPEAL. 7. Any Ordinance of the Territory may be amended, altered or repealed by any Ordinance passed in the same session. C.O.Y.T. c: 1,s, 7.. . INTERPRETA TION • 8. In every Ordinance unless the context otherwise requires- 1. The law shall be considered as always speaking; and whenever any ma~ter' or thing is expressed in the present tense the, same shall 'be 'applied to the circumstances as they arise so that effect maybe given to each Ordinance and' every part thereof according'to its spirit', true intent and meaninJ!.

Interpretation. Chap. i. 2. The expression "shall" shall be eOllstrued as imperative, "Shall." and the expression "may" as permissive; "May." 3. \Vhenever the expression" herein" is used in any

section "Herein." of an Ordinance it shall be understood to relate to the whole Ordinance and not to that

section only; 4. The expression "His Majeaty," the // King," or "the The . Crown," means His 1\1ajesty, his Heirs and Successors, Sove- SovcrClgn. reigns of the United I{ingdom of Great Britain and Ireland and of the British Dominions beyond the seas; 5. The expression" Commissioner" means the Commissioner "Commi ... for the time being or other chief executive officer or adminis- sioncr." trator for the time being carrying on the government of the Territory by whatever title he is designated; 6.

The expression "Commissioner in Council" means the ".Com~iB- C .. d .. . h f sloner m ommlSSlOner or person a mmIstermg t e government 0 Council." the Territory for the time being acting by and with the advice of or by and with the adv.ice and consent of or in conjunction with the Council of the said Territory; 7. The expressions "Government," "Government of the "Gov~,rll Territory" or "Yukon Government" used in any Ordinance mcnt. whenever enacted mean His Majesty the King acting for the Territory; 8.

The expression "the United Kingdom" means the United ~l!ni:td " Kingdom of Great Britain and Ireland; lDg om . . 9. The expression "the United States" means the United ~~~ite~ States of America; es. 10. The expression "Territory" means the Yukon Territory "Territory'" as defined by The Yukon Act. 5 11.

The name commonly applied to any country, place, Name 0'1 b d t · . t ffi f t' t country,p ace. o y, corpora IOn, SOCIe y, 0 cer, unc IOnary, person, par Yofficer etp. or thing means such country, place, body, corporation, society, ' officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof; 12. The expression "proclamat.ion" means a proclamation "PrC?cla~, under the seal of the Territory; matlon. 13.

When the Commissioner is authorized to do any act by Acts by . proclamation such proclamation is to be understood to be a proclamatIOn. proclamation issued under an Order of the Commissioner, but it shall not bc necessary to mention in the proclamation that it is issued under such Order; 14. Words importing the singular number or the masculine Number and gender only, include more persons, parties or things of the gendcr. same kind than one and females as well as males and the converse; 15.

The expression "person" includes any body corporate "Person." and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom the context can apply according to law; 16. The expression "writing," "written" or any term of "Writing." like import includes words printed, painted, engraved, litho- graphed or otherwise traced or copied; 17. The expression "now" or "next" shall be construed "Now." as having reference to the time when the Ordinance was assented "Nelt." to;

"Month'" ·'Y~:lr.'· '·Holirl".\·.·· ~. Gnzctt t.','" Chap. I.. I nterpretat'ion. 18. The expression "month" means a calendar month; and the expression "year" means a calendar year; and the number of any year (unless the contrary is indicated) means "the year of our 'Lord" without the mention of "the year of our Lord." 19.

The expression "holiday" includes Sunday, New Year's Day, Ash Wednesday, Good Friday, Easter Monday, the second Friday in May to be known as Arbour Day, Christmas Day, the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign, Dominion ,day, Labour day and such day as may in each year be proclaimed a public holiday for the planting of forest and other trees, any other ,day appointed by proclamation for a general fast or thanksgiving and the 17th day of August to be known as Discovery Day. 20.

The term "gazette" or "official gazette" means The Yukon O.fficial Gazette; Tim .. cxpirilll~ 21. If the time limited by any Ordinance fOl' any proceeding on holi(""'~'. or the doing of anything under its ptovisions expires or falls Stuuda,,1 time. "Felon~· ... "O"t"'" "Sworn." Officers to iakp- I)nt·h~. "Surctie~' . "Security" ·.l.J.\fRgi~tr:lle upon a holiday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday; 22.

The local time of and at the one hundred and thirty fifth meridian of longitude is hereby declared to be the standard time of the Yukon Territory; and when any Ordinance here tofore or hereafter passed refers to any particu!n,r time of day such standard time shall be considered to be meant; 23. The expression "felony" means any crime which before the passing of The Criminal Code 1892 would have been a felony under t.he law of Canada; and "misdemeanour" means any crime or offence which before the passing of the said Code would have been a misdemeanour under the said law; 24.

The expression" oath" includes a solemn affirmation or declaration whenever the context applies to any person and ca.'le by whom and in which a sole~lm affirmation or declaration may be made instead of an oath; and in like cases the expressioJl "sworn" includes the expression" affirmed" or "declared"; 25.

Whenever (by any Ordinance or by any Order, regulation or commission made or issued by t.he Commissioner under any law authorizing him to require' the taking of evidence under oath) an ont,1t is authorized or dire~ted to be made, taken or administered, such oath mn.)' be administered and a certificate of its having been made, taken or administered may be given by anyone named in ::blly such Ordinance, Order, regulation or commission, or by a. judge of any 'court, a notary publie, a justice 6f the peace or a commissioner for taking affidavits having authority or jurisdiction within the place where the oath is administered; 26 The expression "suret.ies" means suffieien t sureties and the expression "security" means sufficient security; and whenever these words arc used one person shall be sufficient. therefor unless otherwise expressly required; 27.

The exp

Document details

Collection	Yukon — Historical Statutes
Citation	Consol. Ord. 1914
Type	statute
Volume / chapter	1914 c
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	0a2d9ca3b671b3a49042a0a3425c8c61edf27341

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