------.-----------l ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1925 PERCY REID ACTING GOLD COMMISSIONER MM. Printed and Published for the Government of the Yukon Territory Under AuthOrity of

Chapter 75 of the CollSolldate4 Ordinances of "'114 BY }. A. M. H. MALTBY. Kinl!'lPrmt1r. ! I , !

ORDINANCES OF THE YUKON T[RRIIORY PASSED BY THE . YUKON COUNCIL IN THE YEAR 1925 PERCY REID ACTING GOLD COMMISSIONER Printed and Published for the Government of the Yukon Territory Under Authority of

Chapter 75 of the Consolidated Ordinances of 1914 BY J. A. M. H. MAL TBY, K;ng'. Pdntu.

TABLE OF CONTENTS. Chap. Page. 1 An Ordinance Respecting the· Devolution of Estates of Intestates 1-8 2 An ·Ordinance to Regulate the Sale of Bee!'.. ....................... . 3 An Ordinance to Provide [or a Plebiscite on the Question of Bringing Into Force "The Ordinance to Regulate the Sale of Beer ................................................................................ . 4 An Ordinance to Amend the "Ordinance Respecting the 5 6 7 Office of Public Administrator" An Ordinance to Amend "The Dental Ordinance" ........... .. An Ordinance to Amend "The Yukon Game Ordinance" ..

An Ordinance to Amend "The Yukon Medical Ordinance" s 1n Ordinance for Granting to the Commissioner Certain 9-33 :14-40 41 42 43 44 Sums of Money to Defray the Expenses of the Public Service of the Territory and the City of Dawson........... 41'>-49

· CHAPT-ER 1 ; .. AN ORDINANCE RESPECTING THE DEVOLU­ TION OF ESTATES OF INTESTATES (AHented to M ay 16th, 1925.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council· of said Territory, enacts as follows: 1. This Ordinance may be cited as "The Intestate Suc- Short tltlo. cession Ordinance·." 2. In .this Ordinance, unless the context otherwise re­ qUIres: Interpre­ ta.tlon. 3. ( 1) "Issue" includes all lawful lineal descendants lasue. of the ancestor. (2) "Court" means the Territorial Court of the .court.

Yukon Territo~y. ( 1 ) Where real estate is vested in any person with­ out a right in any other person to take survivorship, it shall, on his death intestate, devolve upon and be­ come vested in his personal representative from time to time as if it were personal property vesting in him.

(2) This

section applies only in cases of death after the commencement of this Ordinance.

(3) This Ordinance shall be construed in all respects subject to any provisions of The Land Titles Act, R. S. C. 1906 C. 110. LlevolutloD. of real estate to· personal rep-· respntAtlve. Appllt':) tlon limIted to dea.th after comnlt~nce­ mer.t rhll Orilnaoce. ;3ubJect to LAnd TItles Act.

2 Personal representa­ tive to hold as trustee. Rules of Ia.w to apply. AdmInIstra­ tion of real eBtn1e. Powers of sale of real esta.te. No sale of real estate for dJ"trlllll­.Uon only. THE INTESTATE SUCCESSION ORDINANCE 4.

Subject to the powers, rights, dufies and liabilities hereinafter mention·ed, th~ pet-lanal representatives of an intestate shall hold the real estate as trustee for the persons by law beneficially entitled thereto, and those persons shall have the same power of requiring a transfer of real estate as persons beneficially entitled to personal estate have of requiring a transfer of such personal estate. 5.

All enactments and rules of law relating to the effect of letters of administration as respects personal estate, and as respects the dealing with personal estate before adminis­ tration, and as respects the payment of costs of administra­ tion and other matters in relation to the administration of personal estate, and the powers, rights, duties and liabilities of personal representatives in respect of personal estate, shall apply to real estate, so far as the same are applicable, as if that real estate were personal estate vesting in them. save that it shall not be lawful for some or one only of several joint pers9nal representatives, without the auth~ritv of the Court or it judge thereof, to sell or transfer real estate. 6.

In the administration of the assets of a person ·dying intestate after the commencement of this Ordinance, his :real estate shall be administered in the same manner, subject to the same liabilities for debts, costs and expenses and with the same incidents as if it were personal estate. 7. (

I) The powers of sale conferred by this Ordinance on personal representatives may be exercised for the purpose not only of paying debts, but also of dis­ tributing the estate among the persons beneficially entitled thereto, whether there are or are not debts, and in no case shall it be necessary that the persons beneficially entitled shall concur tin any such sale except where it is made for the purpose of distribotl­ tion only.

(2) No sale of real estate for the purpose of dis· tribution only shall be valid as respects any person beneficially entitled thereto unless he concurs therein;

THE INTESTATE SUCCESSION ORDINANCE put where a lunatic is beneficially entitled, or where there are other persons beneficially entitled whose consent to the sale is not obtained by reason of their place of residence being unknown, or where, in the opinion of a judge of the Court, it would be incon­ venient to require the concurrence of such persons, he may, upon proof satisfactory to him th,at such sale is in the interest and to the advantage of the estate of the deceased and the persons beneficially interested therein, approve of such sale on behalf of such lunatic and non-concurring persons, and any such sale made with such approval shall be valid and binding upon such lunatic and non-concurring persons. (3) \Vhere an infant is interested in the real estate of an intestate, no sale thereof shall ,be valid without the written consent or approval of the Official Guardian, which he is hereby authorised to give, or, in the absence of such consent or approval, without an order of a judge of the Court.

(4) The personal representative shall have power, with the concurrence of the adult persons beneficially entitled thereto, with the approval of the Official Guardian on behalf of .infants, and, in the case of a lunatic, with the approval of a judge of the Court, if any infants or lunatics are so entitled, to convey, divide or distribute the estate of the deceased person, or any part thereof, among the persons beneficially entitled thereto according to their respective shares and interests therein. 3 Where Infant , interested In real estate. Distribution QY person:Ll r~oreAen • tatlve.

(5) In this

section the word "lunatic" includes an '.ulIatlc. idiot and a person of unsound mind. 8. The acceptance by an adult of his share of the pur­ <abase money in the case ofa sale by the personal representa­ tive which has been made without the concurrence required by sub-section (2) of

section 7, shall be a confirmation of the. sale as to him. .-\cceptanc<! of "hare "t purchaSE' money to con!ltitute conflrmlltlon.

Purchase of real eetate In goed' falUl. Real estate remalne lI:j,ble for debts aftElr dJstrlbUtlOD. Powers of persoDal represen­ tetl~·e. Leasing frcm ~'ear lo ~ar. t.~slng tor len;;tlr term. Mortgaging. Wldow"an(J one 'child. Wldo~' and cJllldrlln.

THE INTESTATE SUCCESSION ORDINANCE 9; (1)', A person purchasing real estate in good faith and for value from the personal r~presentative, or from a person 'beneficially entitled thereto to whom the same has ·been conveyed by the personalrepresen­ tative, shall' hold 'the same freed and discharged from any debts or liabilities of the intestate except such as are specifically charged thereon, and, where the pur­ chase is from the personal representative, freed' and discharged froni all claims of the persons beneficially interested.

(2) Real estate which has ,been conveyed by the personal representative to a person beneficially entitled thereto shall continue to be liable to answer the debts of the intestate so long as it remains vested in such person, or in any person claiming under him not being a purchaser in good faith and for value, as it would have been if it remained vested in the per­ sonal representative, and in the event of a sale thereof in good faith and for value by such person beneficially entitled he shall be personally liable for such debts to the extent of the proceeds of such real estate. 10. The powers of personal representatives under this Ordinance shall include: (

a) Power to'lease from year to year while the real estate remains vested in them: (

b) Power, with the approval of the Court or a judge thereof, to lease for a longer term; (

c) Power, with the' approval of the Court or a judge thereof, to mortgage for the payment of debts, and for the repair or completion' of buildings. 11. (

I) If an intestate ·dies leaving a widow and one child, . one-half 'of his real·and 'personal estateshaU go toeach~ "( 2) If he dies leaving a widow and children, one­ third of ~is real and personal estate shall go to .the widow and the remaining two-thirds to the children in equal shares; .

THE INTESTATE SUCCESSION ORDINANCE

(3) If a child has died leaving issue, the estate shall be distributed in the same proportions as if such child . had been living at the death of the intestate, and the distributive share of such child shall go to his issue who shall take according to the right of representa­ tion.

(4) If there is no child of the intestate living at the time of his death, but a child or children have died leaving issue, the share of. the estate which would have gone to such child or children, if living, shall go to the lineal descendants of the intestate. If all such descendants are in the same degree of kindred to the intestate they shall take equally, otherwise they shall take according to the right of representation. 12. (

I) If an intestate dies leaving a wndow but no issue his real and personal estate, where the net value thereof does not exceed $20,000, shall go to his widow. (2) vVhere the net value exceeds $20,000 the widow shall be entitled to $20,000, and shall have a charge upon the estate ·for that sum with legal in­ terest from the date of the death of the intestate.

(3) Of the residue of the estate after payment of the said sum of $20,000 and interest one-half shall go to the widow and one-half to those who would take the estate, if there were no widow, under

section 14, 15 or 16, as the case may be.

(4) In this

section "net value" means the value of the real and personal estate after payment of the charges thereon and the debts, funeral expenses and expenses of administration, including succession duty. 13. If an intestate dies leaving a child or children or issue and no widow, his whole estate, real and personal, shall go to his child or, in equal shares, to his children, if any a(e living, and ifany of the children have died leaving issue, such issue 'shail take according to their right of rep re- 5 Chll(! lp.avlng Issue.

If no child IIvin'g, estate goeb to Haeal descendants, Widow and no iS~lIe, 'VI,,,re net yallle exceeds $20.000, Residue after pay­ m!'nt to widow ot ~20.000, Net value d!'hned. [ss lie and no widow.

No Widow or 1s9ue. No widow, Issue, lather or mother. ~o widow. issue, parent, brother, ~I~tpr. nlp.ce (U" nl!phew. ~~:~lat~ of y;om~n to be di.~trlbllt(:d In ~R.n,e manner as lhat of a mall. 'j)i,;tri!lUtlO:1 'llllong next of kin. Desertion Rnli adultery by husband or wife. THE INTESTATE S'uCCEssioN ORDINANCE sentation. 'If there is no child living, .the estate shall go to tHe lineal descendants of the intestate as in sub-seCtion (4) of'section 11. 14.

If an intestate dies leaving no widow or issue, his whole estate, real and personal, shall go to his father and mother in equal shares, if both are living, but if either of them is dead the estate shall go to the survivor. 15. If an intestate dies leaving no widow or issue or father or mother, his whole estate, real and personal, shall go to his brothers and sisters in equal shares, and, if any of his brothers or sisters be dead, the children of such deceased brother OJ: sister shall take the share·their parents would have taken, if living. 16.

If an intestate dies leaving no widow, issue, father, mother, brother or sister or children of any deceased brother or sister, his estate, real and personal, shall go to his next of kin. 17. The real and personal estate of a woman dying in­ testate shall be lii'stributed in the same proportions and in the· same manner as the reai and personal estate of a man so dying, the word "husband" for the purposes of this

section being substituted for the word."widow," the word "h~r" for the word "his," the word "she,ifor the word "he," and the word "her" for the word "him" where such words' respec­ tively occur in sections 11, 12, d, 14, 15, 16 and '2'1. . " ( . 18.

In every case where the estate goes to the next of kin it shall be distributed equally among the next of kin of equal degl:ee of consanguinity .to the intestate and those who legally represent them; but in no case shall representation be admitted among collaterals after brothers', and sisters' children. . '.1, 19. (1) ; If a wi fe has left her husband and has i'ived in adul.tery afte~ feaving him she shall take no part of his real or personal estate.

THE INTESTATE SUCCESSION ORDINANCE

(2) If a husband has left his wife and has lived in adultery after leaving her he shall take no part of he r real Qr personal estate. 20. For the purposes of this Ordinance degrees of kindred shall be computed according to the rules of civil law; and the kindred of the half blood shall inherit equally with those of the whole blood in the same degree. 21. Descendants and relatives of the intestate begotten before his death but born thereafter shall in all cases inherit in the same manner as if they had been born in the lifetime of the intestate and had survived him. 22.

(1) If any child of an intestate has been advanced by the' intestate by settlement or by portion of real or personal estate or both of them and the same has been so expressed by the intestate in writing or so acknowledged in writing by the child, the value there­ of shall be reckoned for the purpases of this

section only as a part of the real and personal estate of such intestate distributable according to law; and, if such advancement is equal or superior to. the amaunt af the share which such child would be entitled to. receive of the real and personal estate .of the intestate as above reckoned, then such child and his descendants shall be excluded fram any share in such estate.

(2) If such advancement is not equal to such share such child and his descendants shall be entitled to receive so much only of the real and personal estate of the intestate as is sufficient to make al\ the shares of the children in such estate and advancement to be equal as nearly as can be estimated.

(3) The value of any real or personal estate so ad­ vanced shall be deemed to. be that which has been expressed by the intestate or acknowledged by the child in any instrument in writing, otherwise such value shall be estimated according to the value of the esta~ when given. Degrees of klndrl'd by rules ut cIvil law. 7 Posthumous children. ,\dvances to children. If ad \'ance­ rnent not equal to full share. DeV'!rmina­ tlon 01( v~.Iue of r0") ~state or P£:I"s,)I!:\l f!stale a(h·:lIIc~d.

'l\Lalnteno.nl!8 'and eduea­ tlon not ,dpenlod advnncell. Estat(' not d('vlsed by wtI1 to b(' dIstributed 'l1erpllnder. No (lower or e9t:,te by cow·tesy. megttlmntc ~hlldren to InhHlt from mother, i\Io~ he,. Inherits from illegitimate children. ConstructloIl of Ordinance. THE INTESTATE SUCCESSION ORDINANCE

(4) The maintaining or educating or the giving of moriey to a child without a view to a portion or settlement in'life shall not be deemed an advance­ ment within the meaning of this Ordinance. 23. All such estate, real and personal, as'is not devised by will shall be distributed as if the testator had died intestate'and had left no other estate. 24. No widow shall be entitled to dower in the land of her deceased husband dying intestate, and no husband shall be entitled to an estate by the courtesy in the land of his deceased wife so dying. 25.

Illegitimate children shall inherit from the mother ,as if they were legitimate, and they shall inherit through the mother, if dead, any real or personal estate which she would have taken, if living, by gift, devise or descent from any other person. 26. If an intestate, being an illegitimate child, dies leav­ ing no widow or issue, the whole 'of such intestate's estate, real and personal, shall go to his mother. 27. This Ordinance shall be so interpreted and con­ strued as to effect its general purposes of making uni form the law of those provinces which enact it.

Tlu:: SALE OF BEER ORDINANCE

CHAPTER 2 AN ORDINANCE TO REGULATE THE SALE OF BEER (Assented to Ma), 16th, 1925.} The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: Short Utle. 1. This Ordinance may be cited as "The Sale of Beer Ordinance." ,- 2.

In this Ordinance, unless the context otherwise reqUIres: (a) "Beer" includes beer, ale and porter, which has an alcoholic content of not more than four per cent. weight. (b) "Bottle" means any vessel intended to contain liquids and having a capacity of not more than one quart, and includes bottles commonJyknown as pints and quarts. (c) "Constable" includes any officer, policeman or constable of the Royal Canadian Mounted Police, or any constable or police officer who may hereafter be lawfully appointed by the Commissioner. Interpre­ tation. Beer. Bottle.

Constable. (d) "Club" means a corporation created by compe- C1Ub• tent authority, which is the owner, lessee or occupant of an establishment operated solely for objects of a social, patriotic or athletic nature, but not for pecuni- ary gain and the property as well as the 'advantages

10'· Club member. Dlsorde-rly bouse. Hotel. Judge. LIquor. Person. Jnterdlcte-d penon. ~tor. LlCo!Dse. THE SALE OF BEER ORDINANCE belong to all members. It also means the establish­ ment so operated. (e) "Club Member," or "Member of a club" means a person who, whether as a charter member or ad­ mitted in accordance with the by-laws of the club, has become.a member thereof who maintains his member­ ship by the payment of his annual dues in accordance with the rules of the club. (

f) The words "Disorderly house" shall have the meaning given them by

part V. of The Criminal Code. (g) "Hotel" or "Licensed Hotel" means any house or premIses in respect to which a license is granted hereunder. (h) "Judge" means a Judge of the Territorial Court. (i) "Liquor" means and includes any beverage, except beer, which contains alcohol obtained by dis­ tillation mixed with drinkable water or other sub­ stances in solution, and includes, among other things, alcohol, whisky, brandy, gin, rum, spirits and wine. (j) "Person" includes partnership, corporation and club. (k) "Interdicted person" means a person inter­ dicted pursuant to any ordinance or law in force in the Territory. (1) "Inspector" means any person duly appointed or constituted an inspector of licenses or licensed premises under this Ordinance and until' other pr9- vision is made under

section 5 hereof means also "Chief Inspector." (m) "License" means and includes :every license granted hereunder for the sale of beer to be con­ sumed on the premises on which the same is sold.

THE SALE OF BEER ORDINANCE (n) "Licensed premises" means the premises in respect of which a license under this Ordinance has been granted and is in force and extends to every room, closet, cellar, yard, stable, outhouse, shed, o.r any other place whatsoever of belonging or in any way appertaining to such premises or place.

Llcp.nscd premlse"s. 11 (0) "Sale" and "Sell" includes exchange, barter, S!LIe. and traffic. (p) "Sale by retail" means sale of be'er in bottles known as either "pints" or "quarts" and in quantity not exceeding three such bottles to anyone person at anyone time and to be consumed on the licensed premises as herein provided. Provided that during any hours when the Government Liquor Store is not open for business the licensee may sell beer in such quantities to be taken off the premises and consumed elsewhere. This permission shall not in any event be construed to permit any such sale during prohibited hours. (

q) The words "Prohibited hours" mean the time during which the sale of beer hereunder may not law­ fully be made. Sale by rctall. Sale of beer to be taken off prem lses. Prohlbltl'd hoUJ'B. (r) "Refreshment Room" means place on the licensed premises where fully be sold hereunder. the room or Refreshml'nt room. beer may law- (s) "Town" includes the commumtles of vVhite­ horse and Mayo as proclaimed under the provisions of "The Assessment Ordinance," or any portion of the Territory which may hereafter be so proclaimed. (t) . "Comrriis'sioner" SlOner. means the Gold Commis- 3.

Nothing in this Ordinance shall be held to prohibit the sale of beer in any canteen of the Royal Canadian Mounted Police. Provided that such sale shall be restricted to members of that Force only. Town. CommIs­ sioner. Sale of beer In pollce cantpens permitted.

.12 LIcense dIstrIcts to hE' establl.!'hcn. License lnspp.ctors to "e 8.ppolnted. Dutles of Inspectors. Rf'glster ot I1ccnse~ to be kept. Hccord of appllco.tlone. Inspectors to visit and Inspect. and rp-port to CommIs­ sIoner. TJi·E SALE OF BEER ORDINAN<;E. 4. The· Commissioner may establish distric~.ts for .the purposes of this Ordinance to be called license dist~icts and may from time to time alter and re-define the same: until the estahlishment of .such districts the Yukon Territory shall form one license district. 5.

The Commissioner may appoint one or more license inspectors for any license district or for the Territory, and fix the salaries or fees of such office and prescribe their duties: Until the appointment of such inspectors or inspec­ tors by the Commissioner the Territorial Treasurer shall be the inspector for the Territory. 6. Every inspector shall : ( 1 ) Keep a register to be called "The Register of Licenses" containing the particulars of all licenses granted in, the district, and the premises i~ respect of which they are granted.

There shall also be entered on the register all forfeitures of licenses, disqualifica­ tions of licensees, records of convictions and other matters relating to the licenses then on the register.

(2) Keep a q:cord of all applications made to him showing the names of the applicants, the nattire of the applications, the premises in respect of which the applications are made, the date on which the applica­ tions were heard and the manner in which the same were disposed of, including in cases of refusal the cause or causes thereof. 7.

It shall be the duty of every inspector at such inter­ vals of timeascan be conveniently.arranged for, to visit and inspect ev~ry licensed premises in his district and to report . to -the Commissioner every ·case of infraction of _ the pro­ visions of this Ordinance, and every inspector shall at once and in conformity with the provisions . herein contained prosecute any 'person so offending and shaH suffer no un­ necessary delay to intervene-between his' obtaining the infor­ mation and the prosecution.

THE SALE OF BEE,R ORDINANCE 8. In case any person, gives to the inspector information justifying the prosecution of any person for any offence against this Ordinance, it shall be the duty of the inspector to lay the information in his own name and prosecute. .9. Every license and renewal thereof shall be issued under the authority and at the discretion of the Commis­ sioner, and shall be signed by the Commissioner. Such license to be in form (

C) to this Ordinance. 10.

(1) Licenses may be issued in the name of a co­ partnership when two or more persons are carrying on business i'n the same place. No person or firm shall have more than one license.

(2) A license granted to any firm or partnership shall without any formality enure to the benefit of the remaining partner or partners in the event of the withdrawal or removal of any of them by dissolution or any other determination of the partnership. 1l. Licenses may be issued to and in the name of a Club having a bona fide membership of not less than twenty members in good standing. Sale of beer by or in any such club shall be made to club members only, and shall be by the bottle only, and such beer shall be consumed on the club premises.

Provided that no club license shall be granted in respeCt to any premises having the accommodation required in the case of an hotel license. 12. Every person to whom a license to sell beer is here­ after granted shall, before receiving such license, be required to pay as a fee for such license the following amounts, that is to say: For an hotel license In Dawson, $100.00. For an hotel license in the Town of Whitehorse, Mayo, or th~ community known as Keno City, $75.00. 13 rnsr.ector to ay Informations. Licenses to he i~;s\led unrler "lIlhorltr of Co'nlni~­ l-lioner. LlcenRcs to partner~hlps.

Licenses enure to iJenelit of survivors. Licenses to clubs. Fees paynble lor IIcanS81!1.

14 EXI'II'8.t1on of licenses. l;icensE'd hotels In cities and towns to h:; YP' not less than ten be(lrooms. Other Iicen~eu hotels to hnye not less tto_an three bedrooms. Slahles and garages. Meals to be supplied. THE SALE OF BEER ORDINANCE For an.hotel license at any other point in the Terri­ tory; $50.00. - For a club license, $10.00. 13. Every such license shall expire at midnight on the thirty-first day of July next after. the date of the issue­ thereof .. 14.

(1) Every hotel in respect to which a license to sell beer may be granted hereunder shaH, during the con­ tinuance of the license contain in cities and towns and the community known as Keno Ci-ty, not less than ten separate bedrooms, with suitable partitions for the use of guests, together with a suitable quantity of bedding and furniture.

(2) Every licensed hotel other than those situated in cities ar tawns or in Keno City shall, during the continuance of the license, contain not less than three such separate bedrooms for the use of guests, with sufficient other sleeping accommodation for not less than six ather guests which shall be provided with suitable bedding and fur'1iture. '

(3) There shall be attached to every licensed hatel mentianed in the preceding sub-section a proper log or frame stable for at least six horses, as well as suitable accommodatian for at least two. matorcars in places where such cars are commonly used. Every licensee sa required to pravide stable accammodation shall at all t"imes keep upan .said premises a sufficient and suit­ able supply of hay and oats for horses.

(4) Every iicensed hotel nat being within the limits of a city or tawn 0.1' in the community k~ownas Keno City shall be shawn to the satisfaction of the in­ spectar to be welr appointe"if with"suffi-cient-appliances far serving meals daily to. travellers, and the licensee conducting any such hatel shall-be obliged, unless for some valid reason unable to do.· so, to s·erve suitable meals to travellers at all rbasonable time~ ~nd at a

THE SALE OF BEER ORDINANCE reasonable charge. Refusal or neglect to serve any meal to any traveller shall be an offence against this Ordinance.

(5) Every licensed hotel shall have a public sitting room separate and distinct from the refreshment room.

(6) Every licensed hotel shall be provid~d with a suitable privy which shall at all times be kept properly cleaned and ventilated. 15. (

I) Notwithstanding anything contained in "The Government Liquor Ordinance," being

Chapter I of the Ordinances of 192"1 (Second Session), of any law or Ordinance to the contrary under any licenses issued hereunder the licensee may sell and dispose of beer by retail on the licensed premises, to be consumed upon said premises, subject to the provision of this Ordin­ ance.

(2) There shall be reserved and set apart in every licensed premises one room only for the sale and delivery of beer hereunder, such room to be known as the r~fre~~~nt rpom.

Said .room- shall in cities and towns and in the community known as "Keno City" be furnish!!d with suitable tables and chairs or other seats for the use of patrons, and shall be open to the public except during prohibited hours, and no sale by retail or delivery of beer except as herein provided shall take place in any part of the licensed premises other than the said refreshment room, or with meals in the dining room at the regular meal hours.

In cities and towns and the community known as "Keno City," except as herein otherwise provided, such beer shall be sold only in bottles (either "pints" or "quarts"), such bottles to be the unopened original bottles in which such beer was purchased by and deliv­ ered to the licensee, and no such bottle so sold shall be opened until delivered at one of the tables in the refreshment room, or'dining room, and when so deliv­ ered and opened shall then and there be served to the customer in suitable glasses and shall be consumed only by persons sitting at such tables. is Public sitting room.

Privy, , Sale of beer by retail permitted, Refreshment room In cl ties towns Itnd Keno elt>·,

16 Delivery of be@r to guest In hIs rooll'. No compart­ ments or boxes to be In retresh­ '!lent room. Refreshment room In places out­ side cIties a.nd towns and Keno City, Applications for licenses. THE SALE OF BEER ORDINANCE

(3) Provided that a bona fide guest occupying a room in' s'aid premises where such beer is sold 'may have'the beer so sold to him delivered in'the room so occupied by him by the bottle, but not more than three bottles at anyone time and not, during prohibited hours.

(4) Provided that no partitIOn, curtain or screen shall be erected, placed or hung in any part of said refreshment room for the purpose of providing corn· partments or boxes and no sale, delivery or consump­ tion of beer shall be permitted in any such compart­ ment or box.

(5) In every licensed premises in places in the Ten-i­ tory other than in cities and towns and the community known as "Keno City" there shall be reserved and set apart one room only for the sale and delivery of beer hereunder, to be known as the refreshment room, and no sale by retail or delive'ry of beer shall take place in any part of such premises other than in said refreshment room, or with meals .in the dining room at the regular meal hours, nor in any other manner than by the bottle and in the unopened origi­ nal bottles, in which such beer was purchased and delivered to the licensee. Provided that in the places mentioned in this

section it shall not be necessary to deliver and serve such beer at tables. No partition, curtain or screen shall be erected, placed or hung in any part of said refreshment room for the purpose of providing compartments or boxes, and no sale, deliv­ ery or consumption of beer shall be permitted in any such compartment or box. 16.

(1) Every application for license hereunder shall be in writing in form (

A) in the

schedule hereto and accompanied by an affidavit in form (B), and shall, except as ,herein otherwise, provided, be sent to the -inspector,-together with the required license fee so tha,i: it,n:t,~y 'r,e,achhim on or before thirtieth day of J~ne. ~h,o.ul.d.license no.t be granted to. the applicant the sum so paid shall, fo.rthwith after refusalof the applicati~n be retu'rned to. him.' ,

THE SALE OF BEER ORDINANCE

(2) Provided that upon application for license at any other time than as above provided the same fees shall be payable and all things and proceedings may be done and taken as is herein provided in the case of applications made at the time above specified.

(3) No license shall be granted for any period less than one year except on parment of the full annual license fee hereby provided.

(4) The aRidavitin form (

B) shall not be required in case of an application for a club license. 17. All moneys paid to the inspector for license fees hereunder shall forthwith upon the granting of the license be paid into and form part of the general revenue fund of the Teri·itory. 18.

(1) On receipt of any application for a license the Commissioner may, in his discretion, require the at­ tendance and make examination of witnesses concern­ ing the matter.

(2) The .applicant shall be notified in writing of the time and place of such hearing and shall attend thereat unless excused by the Commissioner, and the Commissioner may summon and examine on oath such witnesses as he thinks necessary and as nearly as may be in the manner directed by any law relating to the duties. of Justices of the Peace on

summary conviction proceedings, and upon any such hearing' the Com­ missioner holding the same shall have the same powers of a justice of the peace, and every such hear­ ing shall be open to the public.

(3) No objection to the granting of any such license shall be heard unless the nature of the objection shall be stated in writing and signed by the person object­ ing and delivered to the Commissioner. The Com­ missioner may of his own motion upon the hearing take notice of any matter or thing which, in, his opinion, would be an objection to the granting of a license. 17 .. \ ppliC'ltlons n fter 30th June. ;';0 license for period ie5s th~n ~·ear. .-\ffidavlt not rcq uired for dub IIcery.se. Fee5 to fonn part of genf:\ral re\'E::nue fun<l. Commis­ sior~er Ina~ examine "'Itn('sse~ on application rnr IIc~nsf'.

Prr:lcedure on examlna­ Unn of w1tne~ses. Procedure when niJil'ction mn de tl) gl'antil'!g license.

18 Adjournment of hearin«. Discretion of Commis­ sioner to 'l.ct upon other Information. Costs of hearing. License not to be void by death or transmis­ sion. Nwnber of licenses to be granted. Dawson. Whltehorse. THE SALE OF BEER ORDINANCE

(4) Every hearing before the Commissioner may, at his discretion, be adjourned from time to time.

(5) Where the applicant for a license resides in a place remote from the office of the Commissioner, or when for other reasons the Commissioner sees fit, he may, in dealing with the application, n'otwithstanding the foregoing provisions, act upon such information as satisfies him in the premises.

(6) Any costs in connection with any such hearing in the nature of witness fees shall be payable by the: applicant for license and recoverable in an action against the applicant by the witness, and such costs shall be the same as in an action in the Territorial Court. 19. A license under the prOVISions of this Ordinance shall not be void by:

(1) The death of licensee;

(2) Or a transfer of the licensee's business to some other person by operation of law.

Unless in case of the licensee's death his legal representatives, or their assigns, or in the case of the licensee's transfer as above stated, his assignees fail within two months from such death or transfer to obtain the written consent of the Commissioner for the continuance of the business or the transfer of the license in the house or place in respect of which the same issued, and sub­ ject to the duties and obligations of the licensee named in the said license for the residue of the term named therein, otherwise the same shall become void.

Application for such consent shall be in writing addressed to the Commissioner and shall be accom­ panied by a fee of $5.00. 20. (1 ) The number of licenses to be granted here­ under shall be limited as follows: In the City of Dawson, not more than eight licenses; In the Town of Whitehorse, not more than four licenses;

THE SALE OF BEER ORDINANCE In the Town of Mayo, not more than four licenses; In the community known as Keno City, not more than four licenses.

(2) In other parts of the Territory regard shall be had to the necessity of hotels or roadhouses being maintained for the accommodation of the travelling public, and the granting of licenses in such other parts of the Territory shall be in the discretion of the Com­ missioner. 21. ( 1) Every licensee shall during the continuance of his license keep the same hung up and exposed in a conspicuous place in the room or place on the licensed premises where beer is sold, under a penalty of $20.00 and costs for every day's wiHul or negligent omission to do so, and in default of payment of such penalty, to one week's imprisonment for every day of such omission, not exceeding four weeks.

(2) Every such licensee shall also during the continu­ ance in force of the license exhibit and keep constantly exhibited on the outside-and over a front door of the licensed premises a sign in large letters bearing the words "Licensed to Sell Beer," under penalty as in the preceding sub-section (1) provided. 22. No sale of beer shall be permitted on any licensed premises or out of or from the same to any person from the hour of 12 o'clock on Saturday night until 7 o'clock on the Monday morning thereafter. 23.

No sale or other disposal of beer shall take place in any licen~.ed premises within the limits of a polling district on any polling day for or at any parliamentary election, or election of a member for the Yukon Council, or any munici­ pal election from the hour of six o'clock in the morning of such day until after the close of the poll. 24. No person shall sell or shall keep or have in any house, or in any other place whatsoever, any beer for the purpose of selling, bartering or trading therein, without 19 Ma.yo. Keno City. Other parts. License to be exposed In conspl~uolls pla.ce. Sign over door.

Prohibited hours. No sale on polling day. Selling or i<eeplng bp('Ir for sale without license prohibited.

20 No beer to be taken ofr premises. (See sub­ sectlon p.

sec. 2.) ,Vindow facing public street. COUllnls­ sloner may relieve' from compliance with sub­

sec. 2. THE SALE OF BEER ORDINANCE having first obtained a license authorizing ·him to do so.

Any sale or other disposal of beer by any associatiqn" bod.y of persons or club, or by the servant or agent thereof to the members thereof, or to any other person without license shall be a violation of this section. ,., 25. (1 ) No licensee licensed 'to sell 'shall :take or carry or employ or suffer any other person to take or carry any beer out of or from the premiseS of such licensee for the purpose of being sold on his account or for his benefit or profit, and of being consumed in any other house, or in any tent, shed, or other building of any kind whatever, belonging to such licensee or hired, used, or occupied by him.

In any proceeding under this paragraph it ~hall not he necessary to· prove that the premises or place or places to which such beer is taken to be drunk belonged to, were hired,. used or occupied by the seller, ,if proof is given to the satis­ faction of the Court hearing the case that such beer was taken to be consumed. thereon with intent to evade the conditions of the license. (2)" Every licensed premises not being a club shall have' at least' one' window in the refreshment room facing'a public street, which window shall be of clear transparent glass with panes of a size not less than twelve inches by fifteen inches, and such window shall not be less than· four feet long by th ree wide and shall be so placed that the bottom thereof shall not be lower than the sidewalk or more than four feet above it. (

a) Provided, however; that if it appear. ·that the provisions of sub-section 2 of this clause will'work a . hardship in' the case gf any particular licensee, the Commissioner may, if satisfied that the spirit of this Ordina~ce will be respeCted by such licensee, relieve him from compliance 'with" said 'sub~section: 'Such indulgence may at any time be withdrawn by the Com­ missioner by a notice in writing' to·the licensee, who shall within' fourteen ( 14) 'days after receipt of :such notice comply in all respects with ;the 'said sub-s·ection.

THE SALE OF, -BEER ORDINANCE (3), During ,pro,hibited hours no, .blind, screen, count~r, box or ,other obs~ruction of any kind shall be :alio",ed in connection ,with such window so as to con­ ceal ,any part of th~ in,terior of the refreshment room from the view of persons on the street. 26.

Violation of any of the provisions of the four next preceding sections shall be an offence for which the person violating shall he liable, on sum~ary conviction: For the first offence to a penalty of not less than $100.00 and costs, nor more than $200.00 and costs, and, in default of payment forthwith after conviction, not less than two months nor more than four months' imprisonment; For the second offence, to a penalty of not less than $200.00 and costs, nor more than $400.00 and costs, and, in default of payment forthwith after conVIC­ tion, to imprisonment for three months: For the third or any subsequent offence, to imprison­ ment for three months, without the option of a fine. 27.

Every licensee who shall be convicted for the yiola­ tion·of ;ilj}'of the provisions or"The Government Liquor Ordinance" or of this Ordinance, shall, in addition to any other penalty provided by law, upon such conviction forfeit his license, and the same shall thereupon become absolutely forfeited, and shall be delivered up to be cancelled; and no license hereunder shall be granted to such licensee or for the premises where such person carried on business at the time of such offence for a period of twenty-four months after such conviction. 28.

Every licensee whose license becomes forfeited or cancelled under any provisions of this Ordinance who fails to forthwith deliver up his license to be cancelled or who permit,s any sign for sale of beer to remain exhibited upon any part of the premises referred to in the license shall be guilty of an offenceagain~t this Ordinance and liable, upon conviction, to a penalty of $10.00 for each day upon which he has so failed to deliver up the license or so permitted such sign to remain exhibited, and costs. 21 No blInd over wIndow durIng prohibIted hours. Offences. FlrH oft'ellcc. Secon(L nffp.IlCC.

TL!inl or subsl~qi.1ent offence. CQIl \'if!t ion (;nlail::'­ fllrreillll'e of license. I ~iccnsee f,liLillg to deli '·c'· up lL<:ense or pcrmittIng :-:;ign to J'enHlin up "ftH fc)l'feit·~lre.

22 Cr·nvlcttoll fill' disorderly hOIlRe entails forfeiture. Commis­ sioner may cancel license. Cancellation ef license at rcquest of licensee. Liecn"c only goou for person named thercln. Drinking during prnhihlted hOlOr" to tIe p,·lma fac~c ('\"Idence. DI~orderly conduct on premises. etc .. offence nguinst Ordinance. THE SALE OF BEER ORDINANCE 29. Any licensee who, after the passing of this Ordin­ ance, is convicted of keeping a disorderly house, shall forth­ with forfeit his license, and the Commissioner, upon receiv­ ing notice of such conviction, shall cancel said license. 30.

The Commissioner may at any time cancel any license upon proof satisfactory to him that the conditions necessary to the granting of such license do not exist, and also in case it is known that the licensee is not keeping his premises in accordance with the provisions of this Ordi­ nance, or is selling liquor other than beer. 31. The Commissioner may at any time, upon applica­ tion by a licensee, cancel a license and allow·a rebate to such licensee of a portion of the moneys paid for the license. The license may be cancelled under this

section on account of the destruction of the premises, or for any reason satis­ factory to the Commissioner. In case such rebate is allowed it shall be the duty of the Territorial Treasurer to refund to such licensee the amount so allowed. 32. Subject to the provisions of this Ordinance as to removals and transfer of licenses, every license for the sale of beer shall be held to be a license only to the person named therein, and for the premises mentioned, and shall remain valid only so long as such person continues to be the owner of the business being carried on. 33.

The fact of a person other than the licensee or an employee of the licensee being found and seen drinking within prohibited hours in the refreshment room or else­ where on the licensed premises, except in the room of a bona fide guest) shall be prima facie evidence that beer has been sold therein contrary to the provisions of this Ordinance. 34.

Any licensee who permits drunkenness or any quar­ relsome,· riotous or disorderly conduct tQ take place on his premises, or sells or delivers any beer to any drunken person or permits or suffers persons of notoriously bad character to assemble or meet on his premises for improper or unlawful

THE SALE OF BEER ORDINANCE purposes, shall, in addition to any other punishment pro­ vided by law be guilty of an offence and on

summary convic­ tion thereof be liable to a pen-alty of not less than $20.00 and costs, and not more than $100.00 and costs, and, in default of payment forthwith after conviction, to not less than one nor more than two months' imprisonment. 35. Any licensee may refuse to admit to the premises in respect of which his license is granted any person who is intoxicated, and may refuse to admit, and may turn out of the premises any person who is violent, quarrelsome, or dis­ orderly, and any person whose presence on his premises would subject the licensee to a penalty under this Ordinance; and any such person who, upon being requested, in pursu­ ance of this

section by such licensee, his agent, servant, or any constable, to quit such premises, refuses, or fails to do so, shall be guilty of an offence and, upon

summary convic­ tion thereof, be liable to a penalty of not more than $50.00 and costs, and, in default of payment forthwith after con­ viction, to one week's imprisonment, and all constables are required, on demand of such licensee, his agent or servant, to expel, or assist in expelling every such person from such premises, and may use such force as is necessary for that purpose. 36.

Any licensee who knowingly allows to be supplied in his licensed premises, by purchase or otherwise, any beer to any minor of either sex under the age of eighteen years, or who permits any such minor to be in any room or place on such premises known as the refreshment room, or to fre­ quent such room or place, shall, as well as the person who actually gives or supplies the beer or permits any such minor to be so present whether a guest of the house or not, be guilty of an offence, and, on

summary conviction therefo, be liable to a penalty of $50.00 and costs for a first offence and, in default of payment forthwith of the conviction, to one month's imprisonment, and for a second or subsequent similar offence, to a penalty of $100.00 and costs, and, in default of jpayment forthwith after conviction, to two months' imprisonment. 23 LicenSEe may refuse to admit, or may evict, person Intoxicated. Offence to sell to person under eighteen. Sale by male 37. Any hotel licensee who knowingly allows any male under 21 or by any under the age of twenty-one years, or any female to dispose fcmnJe prohibited.

24 Prev"entlng arrest, or facilitating escape. Violations for which no penalty provided. Violations by employee of licensee. Third conviction. THE SALE OF BEER ORDINANCE of any beer of} the premises for which such license is granted shall be liable to all the penalties provided in the next p're­ ceding sectioil. Provided that 'this shall ~ot apply to female licensees ,or the; wi fe of a licensee. 38.

Anyone knowing cir having reason to believe that an order to commit to jail has been issued against any per­ son under this Ordinance, who prevents the arrest of such person, or procures or facilitates by any act or counsel or in any manner' whatsoever, his avoidance of arrest, or who provides such person with the means of avoiding arrest, shall be guilty of a offence and, on

summary conviction thereof, be liable to a penalty of $50.00 and costs, and, in default of payment forthwith after conviction, to imprison­ ment for a period not exceeding two months, in addition to any other penalty provided by law. 39. Any person who violates any of the provIsions of this Ordinance, for which violation no penalty is herein specially provided, shall be guilty of an 'offence, and, on

summary conviction, shall be liable to a penalty of not less than $50.00 and costs, and not more than $100.00 and costs, and, in default of payment forthwith after conviction, to imprisonment for not less than 'one month nor more than four months. " 40. Any contravention of the provIsions of this Ordin­ ance by any servant, agent, or employee of a licensee shall be presumed to be the act of such licensee, but except in the case of prosecution under

section 26, such presumption may be rebutted by proof of explicit instructions to the contrary by such licensee. Any such servant, agent or employee con­ travening any of the provisions of this Ordinance, and dis­ obeying any such explicit instructions, shall be liable, on

summary conviction, to imprisonment for not less than one week nor more than three months without the option of a fine. 41. Every thi rd conVictIOn for an offence against the provisions of this Ordinance or any of them shall disqualify the person convicted from ever obtaining a license there­ after.

THE SALE OF BEER ORDlNANCE 42. No magistrate shall have any power or authority to remit or compromise any penalty or punishment inflicted under this Ordinance. 43.

(1) Any money, penalty or portion thereof, re­ covered under this Ordinance shall be paid to the convicting magistrate and be by him paid to the Ter­ ritorial Treasurer.

(2) All cost~ of any proceedings or prosecution made by the Inspector or by his authority with the approval of the Commissioner shall be paid out of the general revenue of the Territory. .,.f!

(3) VVitness fees shall be taxed in all cases under this Ordi'nance on the same scale as that in force in the Territorial Court, and sh;1I1 be costs in the cause. 44.

The Commissioner, Inspector, and any police officer, policeman, or constable shall, for the purpose of preventing or detecting the violation of any of the provisions of this Or~linance, at any time have the right to enter into any and every part of the hotel or other place wherein refreshments or beer is sold, or reputed to be sold, whether under license or not, and to make searches in every part thereof and of the premises connected therewiht as he thinks necessary for the purpose aforesaid. 45. [very person being therein or having charge thereof who refuses or fails to admit such Commissioner, Inspector, police officer, poiiceman or constable, demailJing t~ enter in pursuance of this Ordinance in the execution of his duty, or who obstructs or attempts to obstruct the entry of such Commissioner, Inspector, police officer, policeman or con­ stable, or any such searchers as aforesaid shall he guilty of an offence, and, on

summary conviction thereof, be liable to a fine of $50.00 and costs, and, in default of payment forth­ with after conviction, to one month's imprisonment, in addi­ tion to any other punishment in such cases provided. 46. Any person may be a prosecutor or complainant under this Ordinance. 25 No comp,·omlse or remission of pennlty. Penn.lties to be paid to Terrltoria.l TrCrl8lll'Cr. Costs of prosecu tions to be paid by Territory. Witness fees to be on sc"le in TCI"ritnl'ial Court. Officials to ha.Yc right of CIl try. Penalty for refusing to admit utflcials. An~"nne m,.y he complainant.

26 Prosecu t10ns to be under

Part XV., Criminal Code, and within six ·months. Description of ofTences. Severai charges ill onc i\lfol"lnation. Xnt necessary to state price, name of person to wholn "old, etc. Onus upon defendant to prove license. THE SALE OF BEER ORDINANCE 47. Prosecutions for offences, created by this Ordinance, shall be had and taken under

part XV. of The' Criminal Code which is incorporated herewith, and shall be instituted within six months after the commission of the alleged offence. 48.

The description of any offence under this Ordinance in the words of the Ordinance, or in words of like effect, shall be sufficient in law and any exception, exemption, pro­ vision, excuse or qualification, whether it does or does not accompany the description of the offence in this Ordinance, may be proved by the defendant, but need not be specified or negatived in the information, but if it be so specified or negatived, no proof in relation to the matter so specified or negatived, shall be required on the part of the informant or complainant. 49.

Several charges of contravention of this Ordinance committed by the same person may be included in one and the same information or complaint. Provided that such information and complaint and the summons issued thereon contain specifically the time and place of each contravention. 50.

In describing the offences respecting the sale or either disposal of beer, or the keeping or the consumption of beer in'any information, summons or conviction, warrant or proceedings under this Ordinance, it shall be sufficient to state the sale, disposal, keeping or consumption of beer simply without stating the price thereof, or the name of any person to whom it was solei or disposed, or by whom it was consumed, and it shall not be necessary to state the quantity sold or disposed of or consumed except in the case of offences where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity, as the case requires. 51.

In any prosecution under this Ordinance whenever it appears that the defendant has done any act, or been guilty of any omission in respect to which, if he was not duly licensed he would be liable to some penalty under this Ordin­ ance, it shall be incumbent' upon the defendant to prove that he is duly licensed and that he did the said act lawfully.

THE SALE OF BEER ORDINANCE 52. When any licensee is charged with any offence against this Ordinance the magistrate before whom the charge is laid shall require such licensee to produce and deliver to him the license under which he carries on business, and the summons shall state that such production will be required. 53. If such licensee is convicted, the following provisions shall have effect: ( 1) The M agistrate shall cause short particulars of such conviction and the penalty imposed to be in­ -dorsed on the license.

(2) The license shall be retained by the Magistrate and notice of such forfeiture or disqualification· shall be sent to the Commissioner.

(3) The Magistrate shall send forthwith to the Commissioner a certificate of such conviction. 54. In all cases of prosecution for any offence against -any· of the provisions of this Ordinance for which any penalty or punishment is prescribed, the conviction or order of the Magistrate shall, except as is in this Ordinance other­ wise provided, be final and conclusive, and except as is in this Ordinance otherwise provided, there shall be no appeal against such conviction or order to any court. 55.

In any prosecution or proceeding under this Ordin­ ance no costs shall be a:Ilowed against any license inspector or other informant unless the Court or Judge before whom the proceedings are taken by appeal or otherwise, is of the opinion and certifies that there was no reasonable or prob­ able cause for instituting the original proceedings. 56. The form·s which are or were provided and as con­ tained in the

schedule to

Chapter 56 of "The Consolidated Ordinances, 1914," shall mutatis 1Ilutandis be applicable to matters and proceedings under this Ordinance, and when no forms a rf provided by said schedule, they may be framed in accordance with

part XV. of The Criminal Code, or to meet the requirements of the case. 27 Magistrate to require production oC license. Procedure upon - con vlction. Particulars to be endorsed on license. License to be retained by magistrate. Certificate of com'lctlon to be sent Commis- sioner. No appeal from any conviction. No costs to be allowed unless reasonable cause for prosecution. Forms to ·be employed.

28 Proceedings where previous conviction charged. Enquiry to 118 ftmt made concerning later offence. Proof of previous convietion. If conviction for suI.J­ Reqllcllt orfcllce hccnnlr.:~ void. Con "ktlons for several offences' . on ~ame day. THE SALE OF 'BEER ORDINANCE 57. The proceedings upori' information··for an offence against any of the provisions of this Ordinance in the case where a previous conviction is charged, shall·be as follows: . .

(1) The Magistrate shall in the first instance inquire concerning such subsequent offence, and if the accused is found guilty thereof, he shall then, and not before, be asked whether he was so previously con­ victed as alleged in the information, and if he. answers that he was so previously convicted, he shall be sen­ tenced accordingly, but if he denies that he was so previously convicted, or does not answer such ql1es~ tion, the Magistrate shall then inquire concerning such previous conviction or convictions.

(2) Such previous conviction may be proved prima facie by the production of the license with such con­ viction indorsed thereon, or of a certificate purporting to be under the hand of the convicting NIagistrate or the Clerk of the Court to whose office the conviction has been returned, without proof of signature or offi­ cial character.

(3) In the event II f any conviction for any second or subsequent offence becoming void or defective after the making thereot, by reason of any previous convic­ tion being set aside, quashed or otherwise rendered void, the Magistrate by whom such second or subse­ quent conviction was made shall summon the person convicted to appear at a time and plnce to be named. and shall thereupon, upon proof of due service of Sllmmons, if such person fails to appear, or, on his appearance, amend such second or subsequent convic­ tion and adjudge such penalty or punishment as might have been adjudged had such previolls conviction never existed, and such amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance. . '58.' 'Convictions for several ofiences may be made under this' Ordinance, although such offences may have been com­ mitted on the same' day; but the increased penalty or

THE SALE OF BEER ORDINANCE punishment heieinbefore imposed shall only be incurred or awarded in the case of offences committed on different days and after the iryformation laid for a first offence. 59.

In any prosecution or proceeding under this Ordin­ ance, in which proof is required respecting any license, a certificate purporting to be under the hand of the Inspector shall be prima facie proof of the existence of such license and of the identity of the person to whom the license was granted or transferred, or against whom the order was under and the production of such certificate shall be prima facie evidence of the facts therein stated and of the author­ ity of the Inspector without any proof of his appointment or signature. 60.

In proving the sale of beer for the purpose of any proceeding relative to any offence under this Ordinance, it shall not be necessary to show that any money actually passed, or any beer was actually consumed, if the Magis­ trate hearing the case is satisfied that a transaction in the nature of a sale actually took place, or that consumption of beer was about to take place and proof of consumption or intended consumption of beer on the premises, in respect to which a licence is required under this Ordinance, by some person other than the occupier of the premises, shall be evi­ dence that such beer was sold to the person consuming or being about to consume, or carrying away the same, as against the occupant of the said premises. 61.

(1) In any prosecution under this Ordinance, the Magistrate trying the case may summon any person he deems to be a material witness in relation thereto;

(2) If any person so summoned refuses or neglects to attend pursuant to such summons the Magistrate, at any time within six months after such refusal or neglect, and notwithstanding the said case has been determined, may issue a warrant for the arrest of such person for such refusal or neglect, or may in­ stead of a warrant issue a summons to such person to attend at a time and place named in such summons to answer for such refusal or neglect, and when such 29 Certificate by Inspector to be prima facie evidence. Not neces­sary to prove that money passed or that beer consumed. Magistrate may summOD witnesses. Arrest ot of perSOD refusing tAt nttend.

30 Pel'BOn refusing to be sworn or to a.llIJ'Wer Questions. Production of books, pa.pers, etc. Obligation of person other tba.n defenda.nt to answer questions. Pa.)'ment by defenda.nt of tnLvelllng expenses of ofllcer. THE SALE OF BEER ORDINANCE person is brought before such Magistrate or appears on said summons, the Magistrate may then and there iriquire into the reasons for such refusal or neglect to so attend, and if the same do not, in his opinion, afford a good and sufficient excuse there for, may im­ pose on such person a penalty not exceeding $50.00 and costs i and, in default of payment forthwith, to imprisonment for a period not exceeding one month.

(3) If any person upon being required by the Magistrate refuses to be sworn, or to affirm, or to answer to any question touching the case, he may be committed to the common jail, or to a lockup, there to remain until he consents to be sworn, or to affirm, or to answer, and this notwithstanding a penalty has been imposed upon him, as in this

section previously provided, for refusal or neglect to attend as a witness in the same case. 62.

Any person summoned as party to or as a witness in any proceeding under this Ordinance, may, by the summons, be required to produce at the time and place appointed for his attendance, all books and papers, accounts, deeds and other documents in his possession, custody or control, relat­ ing to any other matter connected with the said proceeding, saving all just exceptions to such production i and shall be liable to the same penalties for non-production of such books, papers, or documents, as he would incur by refusal or neglect to attend pursuant to such summons, or to be sworn or to answer any question touching the case. 63.

Every person, other than the defendant, summoned or examined as a witness in any prosecution brought under this Ordinance shall be bound to answer all questions put to him which are pertinent to the issues, notwithstanding that his answers may disclose facts tending to subject him to any penalty imposed by this Ordinance, but such evidence shall not be used against him in any prosecution. 64.

In any prosecution under this Ordinance, if any Inspector or other officer attends Court as prosecutor, it shall be lawful for the Magistrate trying the c·ase to order ,the defendant, in case of a conviction, to pay the Inspector or other officer his actual travelling expenses.

THE SALE OF BEER ORDINANCE The foregoing expenses shall be verified by the oath of the Insepctor or other officer. In case the person convicted does not pay such expenses, but is committed to-jail in default of payment, the Inspector o~ other officer shall be entitled to be paid the amount out of the general revenue fund. In case of the prosecution by the Inspector or other officer when no conviction is procured, upon the written certificate of the Magistrate trying a case that there was reasonable grounds for the prosecution, the Inspector or other officer shall be entitled to be paid the said expenses out of the gen~ralrevenuefund~ 65.

(1) Any licensee who, directly or indirectly, sells pr in any way procures or permits.the- sale,· disposal, gift or delivery of beer to any' interdicted person, shall be liable, upon

summary conviction thereof, to a penalty of not less than $25.00 and costs, and not more than $100.00 and costs, and, in default of pay­ ment, to imprisonment for not more than one month.

(2) Provided that notice of all orders of interdic­ tion shall be given by the Territorial Secretary to all licensees, hereunder in manner provided by "The Government Liquor Ordinance" for such notices. 66. No licensee shall recover or be allowed to set off or counter claim for any charge for beer sold or delivered by him or on any licensed premises, and all bills, notes, agree­ ments or accounts given or made there for shall be void. It shall not be necessary for any person wishing to take advantage of this provision to raise the defence in the plead­ ings, but advantage may be taken thereof at any stage of the proceedings by way of defence to the action, counter claim or set off. 67.

(1) No beer shall be kept or offered for sale or sold by any licensee except such as is purchased by him from or supplied to him by or through the Gov­ ernment in connection with the business being con- 31 If defendant does not pay travelling expenses. Payment ot expenses In case ot failure to convict. Penalty for sale to Interdicted person. Notice of Interdiction to he given licensees. No recovery allowed for be'er sold or delivered. Only beer sold by Government Liquor Stores shall be kept.

32 No respoDs­ Iblllty OD Government for failure to supply beer. Licensee to be furnished with copy of this Ordinance. Orcllnance not tn come Into force until procla­ mation of Commis­ sioner JlIll·Huant to plehlscl te. THE SALE OF BEER ORDINANCE ducted in 'the Territory under "The Government Liquor Ordinance."

(2) Provided that no responsibility shall attach to the Government or any official or employee thereof for failure or refusal to supply beer because of not having same in stock in any Government Liquor Store. 68. Every licensee shall ;t the time he receives his first license be furnished with a copy of this Ordinance, as well as with a copy of "The Government Liquor Ordinance." 69. This Ordinance shall not come into force until the same shall be brought into force by Proclamation of the Commissioner, pursuant to the provisions of any Ordinance that may be passed providing for a plebiscite or vote df the people of the Territory upon the question of bringing the same into force.

SCHEDULE Form "A"-Sec. 16. To the License Inspector: The petition of the undersigned humbly sheweth That your petitioner makes application for (Insert ,descrip­ tion of license, as hotel or club) license to sell beer in the building occupied by your petitioner at , in the Yukon Territory, the same building being known as , and being (Insert full dsecription of premises). Your petitioner sends you herewith the fee payable for such license. And your petitioner prays that a license may be granted accordingly.

THE·.S1\LF. OF BEER ORDINANCE Form .. ,"B"-Sec. 16 I, , applicant for a license to sell beer, make oath and say: That I am of the full age of twenty-one years; That I have never been convicted of any criminal offence subject to imprisonment for five years or upwards. Sworn before me at in the Yukon Territory, this day of 19 1 A Commissioner for taking Affidavits in and for the Yukon Territory'. Form of License

Whereas, , of ,in the Yukon Territory, , has made application under "The Sale of Beer Ordinance," and it having been made to appear to me that the said has complied with the provisions of the said Ordinance in that behalf: This is to certify that the said IS hereby licensed as required by law to sell beer under the provisions of said Ordinance at , being the premises or place of business referred to in his said application, from the day of , 192 to midnight on the 31st day of July, 192 ,except during prohibited hours. Dated at , this , day of • 192 Gold Commissioner. 33'

-34

Preamble.

Short title. Interpre­ tation. BEER PLEBISCITE ORDlNANtlE

CHAPTER 3 AN ORDINANCE TO PROVIDE FOR A PLEBISCITE ON THE QUESTION OF BRINGING INTO FORCE "THE ORDINANCE TO REGULATE THE SALE OF BEER." (Assented to May 16th, 1925.) JFhereas, The Yukon Council, at its present session, has passed an Ordinance entitled "An Ordinance to Regulate the Sale of Beer" ; And,

Whereas, The said Ordinance provides that is shall not come into force until brought into force by Proclama­ tion of the Commissioner, pursuant to the provisions of any Ordinance that may be passed providing for a plebiscite or vote of the people of the Territory upon the question of bringing the same into force. The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, therefore eacts as follows: 1. This Ordinance may be cited as "The Beer Plebiscite Ordinance, 1925." 2 ..

The expressions "Returning Officer," "Election Clerk," "Deputy Returning Officer," and "Poll Clerk" wherever_ u.s~d herein shall respectively mean and include the said officials for each elector'al district appointed and acting under the provisions of the Ordinance respecting elections, being

Chapter 7 of the "Ordinances of the Yukon Territory, 1919," at the next election of members of the Yukon Council to be held in the Territory.

BEER PLEBISCITE ORDIN.'\NCE 3 .. The vote to be taken hereunder shall be taken at the same time, during the same hours, and at the same polling places as the vote at the said election. 4. Every person <]uali~ed to vote, and who votes at the said election, and no other persons, except as hereinafter provided, shall be entitled to vote on the question to be submitted hereunder. 5.

The same oaths as are required to be taken and sub­ scribed as provided by the said Ordinance respecting elec­ tions, by the Returning Officer, Election Clerk, Deputy Returning Officer, and Poll Clerk, or by any agent at said Yukon Council election, shall be taken and subscribed by such official or agent in relation to the vote or plebiscite to be taken hereunder, and the forms provided therefor by the said Ordinance respecting elections shall, 1nlltatis 1II11/{/udis, b'e applicable thereto. . 6.

The Returning Officer shall procure or cause to be procured and furnished for the purpose of said plebiscite the same number of ballot boxes as are required for said Yukon Council election. Such ballot boxes shall be made of the material and constructed in the manner, provided with lock and key, and in all other respects as provided in the said Ordinance respecting elections in regard to ballot boxes for said Yukon Council election. 7. The Returning Officer shall provide and cause to he posted up at the same time and at the same places as the proclamation provided by

section 11 of the said Ordinance respecting elections, a proclamation stating that the vote or plebiscite hereunder will be taken at the same polling places and during the same hours as the votes to be polled at said Yukon Council election. Said proclamation shall set forth a copy of the ballot containing the questions to be submitted hereunder. 8. The Returning Officer shall cause to be printed and furnished for the purposes of this plebiscite a sufficient num­ ber of ballot papers for each polling place. The ballot 35 Vote to be taken at same time as next Council election. Who entitled to vote.

Oaths to be taken by election officers. Ballot LJoxe~ to be furnlHiIed. Procla ma tion to be po"ted. PJ"llclalnation to contain copy of ballot. Returning Officer to furnish ballots.

36 How ballot papers to be .umbered. Form and color of ballot. Persons enlited to ballot on taking oath of qualification;. Ballot-how dealt with. Poll Clerk to make entry of e.'l.C h vote.- BEER.PI,.EBISCITE QRPINA~~,E __ papers shall be provided with a counterfoil. ,and a stub and thereshaU be a lin~ of perforatipns between the ballot and, the counterfoil and between the counterfoil, and the stub. The ballot papers shall be numbered with the same number on the back of the stub and of the counterfoil, and shall be bound or stitched in books of conveni'ent size. - 9.

The said ballot papers shall be in the following form and shall be printed on paper of a color different from the ballots used for election of a member of the Council: Yes I No Ballot on the Are you in favor of the Sale of Beer in sale of beer in licensed licensed premises premises as provided in under "Beer the Ordinance passed at Plebiscite the last sessIOn of the Ordinance." Yukon Council? 10:

(1) Upon taking the oath of qualification as pro­ vided by

section 38 of the Ordinance respecting elec­ tions, the voter shall be entitled to receive from the Deputy Returning Officer, in addition to the ballot provided by the said Election Ordinance, a ballot in the form prescribed by this Ordinance, and the said ballot shall, subject to the provisions of this Ordin­ ance, be dealt with by the Deputy Returning Officer and by the elector in the same manner as required by the said election Ordinance in regard to voting.

(2) The 'Poll Clerk shall make entry in the Poll Book opposite the name of each voter'in the column . provid"ed for such entry, of the fact M--his having voted or refused to take the oath.

BEER PLEB.ISC.ITE ORDINANCE 11. Notwithstanding that only one candidate may remain in nomination at said Yukon Council election and that no poll is granted for an election in any electoral dis­ trict under the election Ordinance, the Returning Officer shall grant a poll and make all necessary appointments an~ provisions for the purpose of taking the vote of the electors under the provisions and for the purpose of this Ordinance. In such case every man and woman seeking to vote shall, before receiving a ballot paper, take, or take and subscribe, the oath of qualification required under

section 38 of the Election Ordinance to be taken or taken and subscribed. 12. The Deputy Returning Officer may require any per­ son tendering his vote to take the oath in Form "N" in the

Schedule to the Election Ordinance, after the same has been read over to him in an audible voice. 13. No person shall vote or be permitted to vote who refuses, when required by the Deputy Returning Officer to take either of the oaths referred to in sections 38 and 39 of the said Election Ordinance. 14. An affi rmative vote on the question submitted and contained in the ballot shall be made by marking a cross, thus "X", opposite the question under the word "Yes", and a negative vote shall be made by marking a cross. thus "X", under the word "No". 15.

Every person voting shall answer the question on the ballot paper either in the affirmative or the negative in the manner above prescribed. 16. The Returning Officer shall cause to be posted up nctar to the copies of the proclamation provided by

section 7 hereof, and at the same time as the said proclamation is posted, copies of Form "A" in the

Schedule hereto, contain­ ing information to electors, and the Deputy Returning Officer shall cause to be posted up a copy of said form out­ side the door of and also within the polling place on polling day. J7 Poll to be granted. and vote taken although no poll granted for election of counc\llor. Oath of q uallf\cation to be taken before receiving ballot. Voter may be required to take oath In Form "N". No person refusing to take oaths shall be allowed to \·ote. How to mar1il< ballot. . Question tD lJe answered either In aftlrma~lve· 01' negative. Proclamation Rnd Informa­ tion to electors to be posted up;

38 Ta.k1ng ot vote and &11 prooeed\.nsB to·be In same manner aB tbat . provided by Election Ordinance. Statement ot result ot .me to be turnl9hed. -Oath9 and other papers -to be returned with ballot oboL Returning Ofllcer to make return within fourteeD daY9. It majority ot votes In afllrmatlve Commls­Bloner to bring Beer Ordinance IDto force ,by a procla­ mation. BEER· PLEBISCITE <?RDIN A:NCE 17.

The taking of the vote or plebiscite and all proceed~ ings hereunder, shall, subject to the provisions of this Ordin­ ance, be conducted in the same manner as provided 'in the said Ordinance Respecting Elections, and the provisions thereof as to dealing with and the secret marking of ballots, ·proceedings on a, recount, corrupt practices and penalties and proceedings after the close of the poll, and in all other respects, shall, so far as the same are not inconsistent wi th the provisions of this Ordinance, mutatis mutandis, apply and extend to the taking of and completing the said pleb­ iscite or vote. 18.

After summing up and ascertaining the result of the vote hereunder, the Deputy Returning Officer shall post in the polling place a certfiicate of the number of the affirm­ ative and negative votes respectively on the question sub­ mitted hereunder, and shall then place all the ballots, used as well as unused, and the oaths and other papers in refer­ ence to the voting in the ballot box and seal up the said box in the presence of atleast three electors and return the same to the Returning Officer, together with a written statement of the result of the vote. 19.

The Returning Officer shall within fourteen days after the day on which the plebiscite is held sum up the result of the returns of all the. Deputy Returning Officers and make return to the Comimssioner of the result of the plebiscite. 20. If a majority of the votes polled is in the affirmati,re the Commissioner shall forthwith publish a proclamation declaring that "The Ordinance to Reguiate the Sale of Beer" shall come into force on a date to be named in the said proclamation.

BEER PLEBISCITE ORDINANCE

SCHEDULE INFORMATION TO ELECTORS UNDER

SECTION 16, REGARDlNG MANNER OF VOTING UNDER "BEER PLEBISCITE ORDINANCE, 1925." (

a) Every man and woman (not being an Indian) who is a British subject of the full age of 21 years and has resided in the Yukon Territory for at least twelve months immediately prior to the date of taking the vote and has resided in the electoral district in which he seeks to vote for at least one month immediately prior to said date, shall be entitled to vote. (

b) Every person, otherwise qualified to vote, who is, at the date of taking the vote, a resident of any electoral district, and who has been a resident of the Yukon Territory for one year immediately prior to said date, but has not been a resident of such electoral district for one month immediately prior to said date, shall be entitled to vote in the electoral district of and within which he was last a resi­ dent for one month during said period of one year. (

c) No person other than those so qualifi~d shall be entitled to vote, and no person shall vote more than once. (

d) The voter, on entering the polling booth, shall state his name, occupation and residence to the Deputy Returning Officer, and, after taking the oath of qualification as required by the Election Ordinance and receiving a ballot as provided for the purpose of this plebiscite, the voter shall go to the compartment provided for the secret marking of the ballot, and with a pencil provided in the compartment, if he desires to vote in favor of the sale of beer in licensed premises, mark with. a cro~s~ thus "X", i~ the space under­ neath the word "Yes". If he desires to vote against such sale of beer he shall mark the cross in the space beneath the word "No". {

e) The voter shall, before leaving the compartment, fold up the ballot paper so as to show the initials of the 39

40 BEER PI.EBISCITE ORDiNANCE Deputy Returning Officer on tHe back of it, and so that the number on the counterfoil can be seen without opening it, and shall then leave the compartment, and, without showing the face of the ballot to anyone, shall deliver such ballot, so folded, to the.Deputy Returning Officer, to be by him put in the proper ballot box in the presence of the voter,.'and shall then forthwith leave the polling place. (

f) Every elector must answer the questions on the bal­ lot paper in the manner above stated, either in the affirma­ tive or the negative, and unless he so answers the same, his ballot will be treated as a spoiled ballot and will not be, counted. (

g) If the voter places on the ballot paper any mark other than such cross or any mark by which he can be identi­ fied, his ballot will be void and will not be counted. (

h) If the voter inadvertantly spoils a ballot paper he shall return it to the Deputy Returning Officer, who will, if satisfied of such inadvertancej give him another ballot paper. (

i) Any voter who fails to retu rn to the Deputy Return­ ing Officer the ballot paper handed him by such officer or hands the Deputy Returning Officer any paper other than the ballot paper so delivered to himor by any means causes to be put into the ballot box any other paper than the ballot handed him by the Deputy Returning Officer, shall be liable to a fine not exceeding five hundred dollars and costs, or to be imprisoned for a term not exceeding one year, or both. (

j) The ballot to be used is in the following form: Ballot on the Are you in favor of the S~le· of Beer in Sale of Beer in licensed iiceris'ed premis'es premises as provided In under' "Beer' the Ord;nance passed at. , Plebi~cite the last session of the , Ordinance.' Yukon Council? Yes No

ORDINANCE RESPECTING PUBLIC ADMINISTRATION CH~PTER 4 AN ORDINANCE TO AMEND THE" ORDINANCE RESPECTING THE OFFICE OF PUBLIC ADMINISTRATOR" (,/ ssetlled 10 M ay 161h, 1925.) The Commissioner of the Yukon Territory, by and with the advice and consent of· the Council of s.aid Territory, enacts as follows: I 1. "An Ordinance Respecting th'e Office of Public Administrator," being Chap. 74 of the Consoli'dated Ordinances, J 914, is hereby amended by inserting the fol­ lowing immediately after

section 7 thereof: (

I) Rule 520 of the said Rules of Court shall apply to the Puhlic Administ-rator_ 2. The said Ordinance is furthe~ amended by adding the following

section immediately after

section 10 thereof: 11. Whenever the Public Administrator, with a view to passing his accounts in any estate, has taken out a summons calling upon creditQ[s, nex't of kin and all persons interested in such estate, to attend upon such passing of accounts, he may serve such summons upon all such persons by giving notice thereof at least one month prior to the date fixed for passing .the accounts, in a newspaper published in the. dis­ trict where the deceased person resided, or, if there be nc:, such newspaper, in some other newspaper published in the Territory. 41 Rule 620 to apply to Public Adminis­ trator. In passing ILccounts service or summons may be effected by publication . In newspaper.

42 Sub-secUon 1 of

sec. 10 amended. Suh-Rcetlon 2 of ~ec. 10 amended.. Pmetl tioner present for eight calendar months to be considered reRldent. Suh-:.;ectlon 3 of

sec. 10 Rmended. Ordinance to take effect 'IS fmm IRt Jan., 1925. DENTAL ORDINANCE-" AMENDMENT

CHAPTER 5 AN ORDINANCE TO AMEND "THE DENTAL ORDINANCE .. ., (Assented to May 16th, 1925.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. Sub-section (1) of

section 10 of uThe Dental Ordin­ ance," Ch~pter 7 of the Ordinances of 1920, is hereby amended by striking out the words "and domiciled" in the second line thereof. 2. Sub-section (2) of said scetion 10 is hereby amended by striking out the words "and domiciled" in the second line thereof. • 3. The said Ordinance is further amended by adding the following

section immedi~tely a fter the said sub-section (2) : (

a) A practitioner who, during any calendar year, is present in the Territory for a period of eight months, whether consecutively or not, shall be considered a resident for the purposes of this

section with respect to any fees which may fall due for payment during such calendar year. 4. Sub-section (3) ot said

section 10 is hereby amended .by striking out the words "and domiciled" in the fifth line thereof. 5. This Ordinance shall take effect as from the first day of January, 1925.

YUKON GAME ORDINANCE AMENDMENT

CHAPTER 6 AN ORDINANCE TO AMEND "THE YUKON GAME ORDINANCE 11 (Assented to May 16th, 1925.) The Commissioncr of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Yukon Game Ordinance, being

Chapter 1 of the Ordinances of 1920, is hereby amended by adding the fol­ lowing as

section 32A immediately after sub-section 6 of

section 32 of the said Ordinance: 32A. Notwithstanding anything to the contrary in this Ordinance, licenses without fee may be issued for the killing of male caribou and moose over onc year of age at any time of the year to persons bona fide engaged in the raising of fur bearing animals in cap­ tivity, for thc feeding of such animals; and it shall furthermore be lawful for any licensed hunter to sell such game to such persons for the said purpose. This provision and any license issued hereunder shall remain in force until the first day of June, 1926.

Provided that every such licensee shall at the termi­ nation of his license return the same to the Territorial Secretary, together with an affidavit taken before a Game Guardian setting forth full particulars of all game killed under the authority of such special license. 43 l.i(;clI~CS 111a \" issue [or' killing nf male C::lrihou and nH,O:-;e over 0nc: year old at an\" time nf yt.:;-U" Cor feeding fur hearing nnilnats. I .. icensed hUllters may :-:;ell gUlne for ~lIeh pUl"pose. E\"t-Ily licellsee to make return of all gam~ killed.

Sob-section (

d) of sec. lZB repealed BDd new &llb-section substituted. May treat by prayer or BJllrltual means. YUKON MEDICAL ORDINANC~ AMENDMENT CHARvER··7 • • :" n • ", •• AN ORDINANCE To AMEND "THE YUKON MEDICAL ORDINANCE" (Assented to May 16th, 1925.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: . 1. "The Yukon Medical Ordinance," being

Chapter 64 of The Consolidated Ordinances, 1914; as amended· by

Chapter 6 of the Ordinances of 1924, is hereby further amended by repealing sub-section (

d) of

section 12B of said Ordinance and substituting the following there for : (

d) Persons treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom.

SUPPLY

CHAPTER 8 .AN ORDINANCE FOR GRANTING TO THE COM­ MISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE -EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY AND THE CITY OF DA WSON. (Assented to May 16th, 1945.)

Whereas, It appears by Message frDm Percy Reid, Esquire, the Acting GDld Co.mmissio.ner Df the YukDn Ter­ rito.ry, and in the Supplementary Estimates accDmpanying the same, that the sums hereinafter mentio.ned in

Schedule !lA" are required to. defray certain further expenses of the Pu~lic Service o.f the Yuko.n Territo.ry and the City o.f Dawso.n, and fo.r the purpo.ses relating thereto. fo.r the year ended March 31st, 1925; and,

Whereas, It appears by Message from Percy Reid, Esquire, the Acting Go.ld Co.mmissio.ner o.f the Yuko.n Ter­ rito.ry, and the Estimates acco.mpanying the same, that the sums hereinafter mentio.ned in

Schedule "B" to. this Ordin­ ance are required. to. defray certain expenses Df the Public Service o.f the YukDn Territo.ry, and fo.r the purpo.ses relat­ ing thereto. fo.r the twelve mDnths ending March 31st, 1926; and, .

Whereas, It appears by Message from Percy Reid, E"s.quire, the Acting Go.ld Co.mmissio.ner Df the YukDn Ter­ rito.ry, and in the Estimates acco.mpanying the same, that the sums hereinafter mentio.neq in

Schedule "C" to. this Ordinance are required to. defray certain expenses o.f the Public Service o.f the City o.f Dawso.n and fDr the purpo.ses relating thereto. fo.r the twelve months ending March 31st, 1926.

SUPPLY The Commissioner of the Yukon Territory, by and with the advice and consenC:O:f ,the: Gotlllcil of said Territory, therefore enacts as follows: "", 1. From and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum, not exceeding in the whole fifty-seven thousand eight hundred thirty-eight dollars and ninety-nine cents' for defraying the several charges and expenses of the Public Service of the Yukon Territory for the year ended March 31st, 1925, as set forth in

Schedule "A" to this Ordinance; and from and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in the whole one thousand three hundred thirty­ tWo dollars and forty-eight cents, for defraying the several charges and expenses of the Public Service of the City of Dawson for the year ended March 31st, 1925, as set forth in

Schedule "A" to this Ordinance. 2. From and out of the funds at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding on the whole two hundred and eight thousand three hundred' sixty-two dollars and sixty-seven cents for defraying the several charges and expenses of the Public Service of the Yukon Territory for the twelve months ending March 31st, 1926, as set forth in

Schedule lOB" to this Ordinance. ' 3. From and out of the funds at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding thi rty-five thousand two hundred eighty dollars and seventy cents for defrayi'ng the several charges and expenses of the Public Service of the City of Dawso. for the twelve months ending March 31 st, 1926, as set forth in

Schedule "C" to this Ordinance. 4. The due application of all moneys expended shall be duly accounted for.

SCHEDULE "A" Fux:ther sums granted to the; Commissioner by this Ordinance for'the twelve months ended March 31st, 1925, and the I)l~ri:)Os,es for which they are granted:, Schools generally " ............ : .... ~....... $ 74.51 Whitehors'e' Schoo't '683.12 Carried 'forward ................. . $757.63

SUPPLY Brought forward ............... . Mayo School ............................... . Assisted Schools ......................... . $757.63 136.47 575.00 Public Health and care Indigents ................. . Territorial Assay Office ................................. . Roads, Bridges and Public Works ................. . The Government Liquor Ordinance ............... . City of Dawson: Fire Department ..................... . Printing and Stationery ........... . Contingencies ........................... . $803.73 248.10 280.65

SCHEDULE "B" $1,469.10 1,219.44 695.15 2,149.08 52,306.22 $57,838.99 1,332.48 Sums granted to the Commissioner by this Ordinance for the twelve months ending March 31s·t, 1926, and the pur­ poses for which ~hey are granted: SALARIES AND TRAVELLING EXPENSES Sala ries ........................................ $10,200.00 Travelling expenses ...................... 1,000.00 YUKON COUNCIL Indemnity and travelling expenses $1,600.00 E]ection Members and Plebiscite ... 2,400.00 SCHOOLS Schools generally ......... _ ................ $ 4,550.00 Dawson School ............................ 20,000.00 St.

Mary's School.......................... 3,300.00 Whitehorse School .. _ .. _ ...... __ .......... 8,250.00 , $1),200.00 4,000.00 Carried forwa'rd .................. $36,100.00$1.5,200.00 47

Brought forward .............. :~ .. $36, 1 00.00, $15,200.00 Mayo SChool" ................. ~:::::::...... 3,600.00 Keno School'--.:................................ 2,000.00 Assisted Schools .~ .............. ~........... 5,125.00 46,825.00 HOSPITALS, CHARITIES AND PUBLIC HEALTH Grant to St. Mary'~ HospitaL ...... $12,000.00 Bonus to St.

Mary's HospitaL .... _ 3,000.00 Grant to Mayo General HospitaL 7,000.00 Bonus to Mayo General HospitaL 1,000.00 Grant to Whitehorse HospitaL.... 4,500.00 Medical Health Officer.................. 1,200.00 Two Assistant Medical Health Officers ...................................... 1,200.00 Public Health and care Indigents 5,000.00 34,900.00 GRANTS' TO LIBRARIES, READING ROOMS, ETC. Dawson Free Library ................. . Whitehorse Reading Room ......... . Mayo Circulating Library ........... . Yukon Law Library, .................... . Whitehorse Law Library ............. .

Ci~ of Dawson ............................. . $1,000.00 500.00 200.00 200.00 50.00 9,000.00 MISCELLANEOUS EXPENDITURES Territori~l Agent, Whitehorse ........ $ 450.00 Town of Whitehorse ................... . Assay Office, Keno City ............... . Printing and stationery ................. . Town of "¥ayo,6re protection ..... . Town of Mayo, streets and side- walks ....................................... . Refund, TreadwellYukon Co .... . Contf~ngencies ............................... .

Cost of collection Poll Tax ........... . 5,650.00 6,000.00 2,650.00 3,000.00 1,000.00 738.00 2,500.00 300.00 10,950.00 22,288.00 Carried forward ............. _. _____ . _____ . __ ._ ..... $130,163.00

Brought forward ..................................... $130,163.00 ROADS. BRIDGES AND PUBLIC WORKS Glacier Summer and Winter roads Dawson cable ferry ....................... . Bonanza to Indian road ............... .

Hunke r-Dominionroad ______________ __ Dome-Sulphu rroad ____________________ __ Klondike road ____________________________ __ Mayo District roads ____________________ __ Klondike to Crooked Creek road __ Mayo to Yukon road __________________ __ 'Vhitehorse District roads __________ __ Whitehorse to Yukon Crossing . ro a d ________________________________________ __ Winter roads ______________________________ __ Conti ngencies '. ____ .. ____ .. ______ . __ . __ . ____ ..

Equipment purchases __________________ __ $1,400.00 1,850.00 2,000.00 11,000.00 800.00 1,600.00 21,000.00 7,500.00 2,000.00 7,080.00 1,800.00 5,300.00 4,519~67 10,350.00

SCHEDULE "C" CITY OF DA WSON Fi re Depa rtment __________________________ $ 24, 3 00. 00 Street lighting ______________________________ 2,550.00 Printing and stationery 350.00 Salaries ________________________________________ 1,400.00 Conti ngencies ________________ : ____________ ,__ 700.00 Streets and sidewalks____________________ 5,980.70 78,199.67 $208,362.67- $3.5 ,280.70 5.

In the event of there being a surplus of moneys standing to the credit of any item voted for Roads, BJ:'idges and Public Works after the construction or repairs pro­ vided for have been completed to the satisfaction of the Superinte~dentof Works and Buildings, such surplus of moneys shall forthwith, on the acceptance of such works or repairs by the Commissioner of the Yukon Territory, be' taken from said item and become part of and be ~dded to the amount provided for contingencies to such Roads, Bridges and Public Works, and shall thereafter be at the disposal of the Commissioner of the Yukon Territory for Roads, Bridges and Public Works. 49

50 INOEX INDEX '1.'0 ORDINANC}1~S OF 1925 The figures refer to the top paging. Beer Plebiscite Ordinance, 1925 ............................................................. . Vote to be taken at same time as next election for Yukon Council. See Ordinance. Dental Ordinance Amended ..................................................................... . Residence-what shall constitute ................................................... . Subsec. (1) of

sec. 10 amended ....................................................... . Subsec. (2) of

sec. 10 amended ....................................................... . Subsec. (3) of

sec. 10 amended ....................................................... . Intestate Succession Ordinance ............................................................. . Adultery and desertion by husband or wife ................................. . Advances to children ......................................................................... . Application limited to death after commencement of Ordin- ance .............................................................................................. . Brothers (and sisters; If no widow. issue, father or mother ..................................... .

Children- Leaving issue. . .................................................................... . Childre·n and no widow No child or widow ....................................................................... . Confirmation of sale- Acceptance by adult of share constitutes ........................... . Construction- Subject to Land Titles Act ....................................................... . To make laws uniform .............................................................. . Court- Power to approve sales ............................................................. .

Approval by of long term leases and mortgages ............... . Devolution-of real estate to personal representative ............. . Distribution ........................................................................................ . By personal representative ....................................................... . Of estate not devised by will.. ... : ............................................. . Of estate of illegitimate child ................................................. . Dower-No widow to be entitled to ............................................... .

Estate by Courtesy-No husband to be entitled to ................... . Father (and mother)-If no widow or issue to take whole estate ............................................................................................. .

Interpretation Issue Court ..................................................................................................... . Infant-Sale where infant interested ............................................. . Illegitimate children-to inherit from mother ................... . Kindred-Computation of degrees of ............................................. . Lineal descendants Lunatics- Defined .................................. : ......................................... . Distribution when interested ...................... . Where beneficially entitled to real estate ............ .

Mother (and father)-If no widow or issue, take whole ......... . Mother-Inherits from illegitimate children ............................... . Page. 34 42 42 42 42 42 1 6 7 1 (j 5 5 6 :~ 1 S :~ 4 1 5, 6, 7 3 8 8 8 8 (j 1 1 1 3 8 7 5 3 a a 6 S

INDEX The figures refer to the top paging. Net Value-Defined ................................... . Next of Kin- Take if no issue, widow, fa~her. mother, brother, sister. etc. ............................. ................ . ................. . Distribution among Personal Representative- Devolution of Real Estate to .................................................. . Powers of .................................... . ....................... . To hold as trustee ................................................................... . Posthumous children ............................................... .

Real Estate- Devolution of to Personal Representath'e ................. . Power of sale oL ....................................................... . Purchasp.r of in good faith ................................... .. Remains liable fol' debts after liistrihution .. Rules fo la \\" affecting personal estate to apply to .... Sale for distrihution only not ]lermitted ... Subject to debts. etc .......................... . Representation-Right of Wirlow- 'Widow and one child-distribution ........ . Widow and childl·en-distrihution ..... . Widow and no is!;ue-distribution ..

No widow, hut issue ............................. .. No widow 01' issue........... .................... . .................. . Woman-Estate of to be distributed in same manner as that of a man ......................................................................... . Public Administrator-·Ordinance respecting. amended. Rule 520 of Rules of Court to apply. . ............ .. Sel'vice of Summons when passing accounts Sale of Beer Ordinance ..................................... .. Actioll-Nolle for heel' sold................................ . ................... .

Applications for License .................................................................. . Commissioner may examine witnesses on .......................... . Procedure when objection made ............................................ .. Beer-Sale of by retail permitted .................................................. .. None to be sold excellt such as is plll'chased from Gov- ernment ................................................................................ . Books and papers to be produced.......... . .............................. .

Boxes or compartments not permitted ................................. . Club-License to............................... . ........................... . Commissioner may cancel license. . ................................... . Complaint-any person may he .......................... . Conviction- No appeal from .................................. .. Procedure upon ............................... . License to be forfeited upon ......................... . Third disqualifies for all time ................... . Costs- Of proceedings .... ....... .......................... . ................ .

Page. 5 6 18 1 4 2 7 1 2 4 4 2 2 2 !) 4 4 5 5 6 6 41 41 41 9 31 16 17 17. 18 15 31 30 16 13 22 25 27 27 21 24 Not to be allowed unless reasonable cause for prosecution' Defendant-Onus upon 25 27 26 26 22 22 22 24 25 17 Description of offences ....................................................................... . Disorderly House, forfeiture of license if convicted of keeping Disorderly conduct on premises ............................................. . Drinking dUl'ing prohibited hOUl·s .......................................... . Employee-act of presumed to be that of licensee .................. .

Entry and search-right of ....................................................... . Fees to form part of General Revenue Fund ................... . Forfeiture of license upon conviction .......................................... .. Forms to be employed ........................................................... .. Guest, sale of beer to in room ................................................. . 21,22 27 16 51

52 INDEX The figures refer to the top paging. Government to sell all beer to licensees ....................................... . Hotels-' In cities and towns to have at least ten bedrooms ........... . Elsewhere to have not le~ than three bedrooms ............... . Meals to be supplied by ............................................................. . Privy in ......................................................................................... . Sitting room in ............................................................................. .

Stable to be attached to in certain cases ............................. . Informations ....................................................................................... . Several charges in ..................................................................... . Not necessary to state price, etc., in ..................................... . Proceedings upon ....................................................................... . Inspectors- To be appointed ......................................................................... .

Travelling expenses of ............................................................. . Payment of in case of failure to convict.. ..................... . Interdicted person, sale to ............................................................... .

Interpretation ..................................................................................... . Intoxicated person may be evicted, etc .......................................... . Licensees to be furnished with copies of Ordinances ............... . License Districts to be established ............................................... . License Inspectors- Commissioner to appoint.. ......................................................... . Duties of ....................................................................................... .

Inspection by ............................................................................... . Prosecution by ........................................................................... . Laying of informations by ....................................................... . License- To be issued at discretion of Commissioner ....................... . In name of partnership ............................................................. . Enures to benefit of survivors ................................................. . To a club ....................................................................................... .

Fees for ......................................................................................... . Expiry date of. ............................................................................ . Application for Period of ....................................................................................... . Procedure when objection made to granting ..................... . Not to be void by death or transmission ............................. . Number of to be granted ........................................................... . To be hung up in conspicuous place ....................................... .

Sale of beer without prohibited ............................................. . Forfeiture of upon conviction ................................................. . Cancellation of by Commissioner ........................................... . Good only for term therein named ......................................... . To be produced to Magistrate on hearing ............................. . Proof of ... , ..................................................................................... . Offences- Refusal to admit officials ........................................................... .

Description of ............................................................................. . Violations for which no penalty Sale without license ................................................................... . Taking beer off premises for sale ........................................... . Failure to hang up license ..................................................... . Failure to exhibit sign ............................................................... . Sale during prohibited hours ................................................... .

Sale no polling day ..................................................................... . Failure to have window in refreshment room ..................... . Keeping blind over window ..................................................... . Failure to deliver up license after forfeiture ..................... . Permitting sign to remain up after forfeiture ... __ ._ .......... _ .. DiBorderly conduct on premises ......... _ ....... ___ ... _ ........ __ ..... _._ ... .

Sale to person under 18 ...... __ .... _ ... __ ........... _._._._._ ..... _._ .. _._ ... __ .. ___ _ Page. 31 14 14 14 15 15 14 26 26 26 28 12 30 31 31 9 23 32 12 12 12 12 12 13 13 13 13 13 13 14 16 17 17,18 18 18, 19 19 19 21,22 22 22 27 29 25 26 24 19 20 19 19 19 19 20 21 21 21 22 23

INDEX The figures refer to the top paging. Sale by male under 21 or any female ................................... . Preventing arrest or assisting escape ................................... . Several in one information ....................................................... . Conviction for several ............................................................. . Sale to interdicted person ......................................................... . Partnership, license to ..................................................................... .

Penalties not to be remitted by Magistrate ................................. . Polling day, no sale on ..................................................................... . Prohibited hours .................................................................................. . Proceedings upon information ......................................................... . Production of books, papers, etc .................................................... . Proclamation by Commissioner required to bring Ordinance into force ..................................................................................... .

Proof-of license.- ................................................................................ . of sale ..................................................................................... . Prosecutor, who may be ..................................................................... . Prosecutions to be under

Part XV., Criminal Code ................... . Record of applications ....................................................................... . Recovery not allowed for beer sold ................................................. . Refreshment rooms ........................................................................... . Window in ................................................................................... . Window may be dispensed ·with ............................................. . No blind over window in ........................................................... .

Register of licenses ................... : ......................................................... . R. C. M. Police--sale of beer in canteens oL ............................. . Sale prohibited during certain hours ............................................. . Without license prohibited ....................................................... . Search, right oL ................................................................................... . Sign to be exhibited by licensee ..................................................... .

Taking beer off premises ................................................................. . Travelling expenses of Inspector ..................................................... . Window in refreshment room ......................................................... . Witness fees .......................................................................................... . Witnesses, summoning of ............................................................... . obligation to answer questions ................................. .

Supply Ordinance ....................................................................................... . Yukon Game Ordinance Amended ........................................................... . Licenses may issue for killing male moose and caribou ......... . Licensee to make return to Territorial Secretary ..................... . Yukon Medical Ordinance Amended ....................................................... . Subsection (

d) of

section 12B amended ....................................... . Page. 23 24 26 28 31 13 25 19 19 28 30 32 29 29 25 26 12 31 15, 16 20 20 21 12 11 19 19 25 19 20,11 30 20 25 29 30 45 43 43 43 44 44 53