Yukon Ordinances, 1902 — Ordinance respecting the Council of the Territory;......... 11 3. An ·O; Ordinance respecting authorize the consolidation of the Ordinances,'.'; The North-West Territories Act; The territory described in the schedule to this Act; … (+7 more)

Yukon Ord. 1902

Yukon — Historical Statutes

THE CONSOLIDATED ORDINANCES OF TilE YUKON TERRITORY i902 Being a Consolidation of The Consolidated Ordinances of the North- West Territories, 1898, with the subsequent Public General Ordinances OF TilE COUNCIL OF THE YUKON TERRITORY PRINTED DY DIRECTION OF TilE COMMISSIONEn OF THE YUKON TERRITORY 1903

THE CONSOLIDATED ORDINANCES OF .THE' YUKON TERRIT'ORY 1902 TABLE OF OONTENTS PAGE. Proclamation bringing the Consolidated Ordinances, i902; into force. IX Ordinance respecting the Consolidated Ordinances, 1902 ............... ·xi The Yukon. Act as amended ................................................... ';.. xv The North-West Territories Act as amended ............................ ~... . xxv TITLE I.

INTERPRETATION. CHAPTER. l. All Ordinance respecting the form a.nd

interpretation of Ordinances ................................................................ . TITLE II. LEGISLATURE AN'n GENERAL GOVERNMENT. 2. An Ordinance respecting the Council of the Territory;......... 11 3. An ·Ordinance respecting elections...... ........... ...... ............ 15 4. An Ordinance' respecting controverted elections .............. ;. .60 5. 'An Ordinance respecting the public service of the' Territory. 69 6. An Ordinance respeCting the registation of births, marriages and deaths......................................... ...... ..... ............ 71 '7.

An Ordinance respecting the inspecthn of steam boilers and the examination of engineers operating the same.............. • 87 8. An Ordinance respecting ferries. ................................... 95 9. An Ordinance r.especting public health. :...... . ......... ......... 99 10. An Ordinance to regulate public aid to hospitals................ 111 11. An Ordin.ance rE's}!ecting Commissioners to make enquiries concl'rnmg pubhc matters.. ..................... ........ ............. 113 At-Y. o.

iv CONSOLIDATED ORDINANCES CUAPTER PAGE 12. An Ordinance respecting the removal of trespassers from . public property.......................................................... 114 13. An·Ordinance for the protection·of miners. .......... .... ..•...... 115 14. An Ordinance for tliebett~r regulation of traffic on highways 130 15. An Ordinance for the protection of bridges............ ............ 133 16. An Ordinan'ce establishing a Yukon Official Gazette........... 134 TITLE lII. RELATING TO THE ADMINISTRATION OF JUSTICE. 17. An Ordinance respecting the administration of c.ivil justice.. 135 18.

An Ordinance respecting the Clerk and Deputy Clerk.. ...... 282 19. An Ordinance respecting the Sheriff and Deputy Sheriffs...... 288 20. An Ordinance respecting the procedure and practice in con nection with the exercise of civil jurisdiction of Police Magistrates .................. , ............................. ;... ......... 295 21. An Ordinance respecting the office of Public Administrator. 297 22. An Ordinan~e respecting Commissioners to administer oaths. 300 23. An Ordinance respecting Notaries Public.......................... 301 24. An Ordinance to abolish priority among executi~n creditors. 302 25.

An Ordinance exempting certain property from seizure and sale under execution.......... ........................................ 309 26. An Ordinance respecting the summoning of juries. ...... ...... 311 27. An Ordinance respecting alimony ................. ~.................. 316 28. An Ordinance to amend the law relating to slander............ 317 29. An Ordinance re~pecting limitation of actions in certain cases........................................................................ 318 30. An Ordinance respecting Constables.. ..... ....... ................... 319 31.

An ~rdinance respecting distress for rent and extra-judicial seIzure ........ · .... ; ............................................ ,,,. ...... 320 32. An Ordinance respecting arbitration................................ 322 33. An Ordinance respecting the investigation of accidents by fire ........................ ·.......... ......................................... 327 TITLE IV. RELATING TO REAL PROPERTY . . 34. An Ordinance respecting land held bv two or more persons. 329

TABLE OF OONTENTS v

CHAPTER PAGE TITLE V,. RELA'fING TO MERCANTILR LAW. :-15. An Ordmance l'especting the sale of goods.................. ...... 330 36. An Ordinance respecting Factors anli Agents.. ..... .............. 349 37. An Ordinance respecting choses in action. ....... ....... ......... 354 38. An Ordinance respecting preferential assignments.............. 356 39. An Ordinance respecting mortgages and sales of personal property. ........... ........................................................ 357 40.

An Ordinance respecting hire receipts and conditional sales of goods......... ............ ... ...... ...................................... 368 41. An Ordinance respecting partnerships ............................. 371 TITLE VI. RELATING TO SPECIAL RELATIONS. 42. An Oi·dinance respecting marriages ................................ .. 43. An Ordinance respecting the personal property of married women .................................................................... . 44. An Ordinance respecting compensation to the families of persons killed by accidents ............ ~ ............................ . 45.

An Ordinance l'especting insurance for the benefit of wife and children ............................................ ~ ................ .. 46. An Ordinance respecting masters and servants ................ .. TITLE VII. RELATING TO PROFESSIONS, TRADES, &c. 876 381 382 383 390 47. An Ordinance respecting the Legal Profession ....... ;.. ......... 392 48. An Ordinance respecting the profession of Medicine and Surgery ........................................................... ~....... 404 49. An Ordinance respecting the practice of Dentistry. ............ 415 50.

An Otdinance respecting Chemists and Druggists. ............ 420 51. An Ordinance respecting hotel and boarding house keepers. 429 52. An Ordinance respecting the keepers of !i,ery, boarding and sale stables. ................. ......... ........... ................... 431 53. An Ordinance respecting liens in fayour of mechanics and others............... ...... ..................... .. . .................. ...... 433 54. An Ordinance respecting lien~ in favour of miners and others. 444 55.

An Ordinance respecting slaughter houtles and the killing and dressing of animals for food.. ................................. 449 56. An Ordinance respecting newspapers............. ...... ............ 453

VI CONSOLlDATEU ORDINANCES

CHAPTER TITLE VIII. RELATING .TO COMPAiXIES AND KINDRED INSTITUT.ION~. 57. An Ordinance respecting the incorpora.tion of Joint Stock' . Companies.......... .... ............... ........ .................. ...... 455 58. An Ordinance to nuthorize the changing of the names of in- c~rporated Companies ..... ~ ................ ...... ..................... 481 59. An Ordinance resp~cting foreign Companies...................... 482 60. An Ordinance respecting mining Companies.......... ........... 486 61. An Ordinance respecting benevolent and other Societies...... 488 62.

An Ordinance respecting mechanics' and literary Institntes. 493 63. An Ordinance respecting Cemeteril,s............................... 497 TITLE IX. REI.ATING TO TOWNS, ASSESSi\IEiXT, SCHOOLS, &c. 64. An Ordinance respecting Assessment....... ..... ................... 504 65. An Ordinance respecting TOwllS........... ......... .................. 526 66. An Ordinance respecting Schools .................................. :. 540 67. An Ordinsnce for the preYention of fires...... ..................... 572 68.

An Ordinance respecting the limits of Dawson and Klondike City ........................................ :.... .. ..................... 574 69. An Ordinance. respecting fast driving............................... 576 70. An Ordinance respecting dogs. ................................. ...... 577 TITLE X. RELATING TO ESTRAY ANIMAL!", PROTECTION OF GAME, &c. 71. An Ordinance respeding trespassIng and straying of animals. 581 72. An Ordinance respecting the preservat ion of game in the Yukon Territory. ..... .................................................. 586 73.

An Ordinance to prevent the pollution of running strc~ms... 591 74. An Ordinance for the prevention of prairie and fort'st fires... 592 TITLE XI. Rf.LATINl.i TO INTOXICANTS. 75. An Ordinance respecting the importation of and traffic in intoxicating liquor!!............... ........................... ........... 59·5 76. An Ordinance respecting intoxicating liquors.... ................ 597

TABLE OF CdNTENTS CHAPTE~ 77. 78. 79. TITLE XII. An Ordinance respecting insane persons ................. . An Ordinance to preyent the profanation of the Lord's Day. An Ordinance respecting the licensing of Billiard and other ·Tables ..... " .. ' 'r' ••••••••••••••••••••••••••••• ' ••••••••

SCHEDULE I.-Ordinances and parts of Ordinances repealed prior PAGE. 637 639 640 to date of Consolidated Ordinances. . . .. .. .. . . .. ..•. .. . .. . 641

SCHEDULE II.-Ordinances and parts of Ordinances repealed from the date of the coming into force of the ConsolJdated . Ordinances.... • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . .. . • • . . . . . • . . 643

SCHEDULE III.~Ordinallces and parts of Ordinances notrepealed by the Consolidated Ordinances. . . . . . . . . . .. . .. . . . . . . . . . • . . . . 648

PROOLAMArrrON BRINGING THE CONSOLIDATED ORDINANCES, 1902, INTO FORCE. [L.S.] F. T. CONGDON, Commissioner. CANADA, l YUKIJN TERRITORY. \ PROOLAMATION. To all to whom these presents shall come:- GREETING. W HERE:\8 in and by a certain Ordinance of the Council ofthe Yukon .

Territory, assented to by the Oommissioner of the said Territory on the eleyenth day of September, one thousand nine hundred and two, and intituled "An Ordinance to authorize the consolidation of the Ordinances,'.' it was, amongst other things, enacted that so soon as the consolidation of the Ordinances should be completed the Qornmissioner might cause a cor ]'~>ct Roll thereof, attested under his signature and countersigned by the Clerk ofth~ Counci', to be deposited in the office ofthe Territorial Secretary, and that the Commissioner after sllch deposit, might by proclamation declare the day on, from and after which the same should come into force and have effect as law by the designation of" The Consolidated Ordhiances of the Yukon Territory, 1902" . .

AND ,WHEREAS the Commissioners appointed under said Ordinance ha"e completed the said cou1:.01idation and I have caused a correct Roll thereof to be deposited in the office of the Territorial Secretary; Now KNOW YE that I do by this my proclamation _declare that the said Roll so attested and deposited shall come into force' and have effect as la", .. by the designation of" Th() Consolidated Ordinances of the Yukon Territory, Hl02," on, from and after the tenth day of the month of July, in the year one thousand nine hundred and three.

GiYen under the hand of the Oommissioner of the yukon Territory, and issued under the seal of the said Territory this seventeenth day of June, one thousand nine hundred and three, and ill the third year of His Majesty's Reign. By command, J. N. E. BROWN, , Territorial Secretary.

ORDINANOE NO. 21 OF 1902 ORDINANCE No. 21 OF 1902. An Ordinance to authorize the Consolidation of the Ordinances. [Assented to September Ut", 1902. J llTHEREAS it is expedient that measures should be n adopted for consolidating the Ordinances of the Yukon Territory: Therefore, the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: Xl 1.

It shall be lawful for the Commissioner to issue a CommiR. commission to one or more persou or persons, constituting ioners ~b~ him or them Commissioner or Commissioners for (;onsoli- ~g~lidate dating the Ordinances of the North-West Territories in OrdinanctlR. force in the Yukon Territory and the Ordinances of the Yukon Territory, and from time to time in case of the death, or refusal or incapacity to act of any or either of the said Commissioners, to . appoin t some other person or per- sons to be a Commissioner or Commissioners us aforesaid to accomplish the purpose of this Ordinance. 2.

The said Commissioner or Commissioners shall be Powers of and he or ·they is or are hereby fully authorized and em- commissioners powered to prepare and arrange for publication of the said Ordinanct's, to omit all such Ordinances and pal·ts of Ordi- nances which have expired; beE'n repealed or ha..i their effect, and all Ordinances repealing any or any parts or any Ordinances as well as the Ordinances and parts of Ordi- nances rept>aled, and the schedules of all such repealed or repealing' Irdinances. and to alter the numbers of the said Ordinances and the sections' thereof, and without in any manner changing or affecting the legal effect of the said Ordiriaiii.!es,:. cori:ect. any:!~isprJnt; or error, or any contra- diction or ambiguity in the said Ordinance's, and make 'such alterations ill the language of the said Ordinances, as are requisite in order to preserve a uniform mode of expression, and may make such minor amendments as are necessary to correct clerical or typographical errors, and to frame a com prehensive index to the entire work.

Xll RernunerntiCln of commis· sionerB. CONSOLIDATED ORDINANCES 3 • .it shall be lawful for the Commissioner to direct the payment of such sum or sums as he may think fit, not exceeding the .moneys to be appropriated from time to time by the Commissioner in Council for such, purposp., as" a remuneration for such Commissioner or Commissioners, and also for such further charges and expenses as may" be incurred, laid out and expended in the printing and bind ing of the said Consolidatcd Ordinances or incidenf thereto. Originnl roll 4.

So soon as the said consolidation of such Ordinances ofOrdmances. h bIt d th C ., • as een comp e e e ommlSSlOner may cause a correct roll thm'eor (which may be partly printed and partly writ ten), attested under his signature and countersigned by the Clerk of the Council, to be deposited in the.office of the Ter ritorial Secretary, which roll shall be held to be the original thereof and to embody the several Ordinances and parts of Ordinances menlionea. as repealed in

schedule 2 thereto annexed; any marginal notes, howevel', and headings in" the body of the Ordinances and references to former enact· ments being held to form no part ot' the said Ordinances but to be inserted for convenience of reference only. Proclnlllntion. &j. The Commissioner after such deposit of the said last Effect of proclt1ol11ntion. Saving as to trnneaction! &c., nn teriol' to the repeal.

Matters not nffected by repenl. mentioned roll may by proclamation declare the day of, from and after which the same shall come into force and have effect as law by the designation "of" The Consolidated Ordinances of the Yukou Territory, 1902." . 6. On and from such day the same shall accordingly come into force and effect by the said designation to all intents as though the same were expressly embodied ill and enacted in this Ordinance to come into force and to have effect on and from such day; and on and from the same day all the enactments in the several Ordinances and parts of Ordinances in

schedule :3 mentioned as far as they relate to the Territory shall stand and be repealed to the extent mentioned" in the said

schedule save only as hereinafter is pro\"ided. 7. The repeal of the said Ordinances and "parts of Ordi· nances shall not revi"e any Ordinance or provision of law l'cpealed by them; nor shall the said l'epeal prevent the effect of any saying- clause in the said Ordinances and parts of Ordinances, or the application of any of the said Ordi nances or parts of Ordinances or of any Ordinance or pro vision oflaw formerly in force to any transaction,matteror thing" anterior to the said repeal to which they; would otherwise apply. S. The repeal of the said Ordinances and parts of Ordi~ nances sha'H not affect:

ORDINANCE No. 2 L OF 1902 (a.) Any penalty, forfeiture or liability incurred before the time of such .repeal or any proceedings for enforcing the same had, done, completed or pending at the time of sllchrepeal ; . . (b.) Any action; suit, judgment, decree, certificate, execu tion, process, order, rule or any proceeding, matter or thing whatever resp,ecting the same, had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; !c.) Any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclama tion, contract, lien, charge, status, capacity, immunity. matter 01' thing had, done, made, acquired, established or existing at the time of such repeal; (d.) Any office, appointment, commif:sion, salary, allow ance, security or duty or any matter or thing appertaining thereto at the time of such repeal; . (e.) Any marriage certificate or registry thereof lawfully had. made,granted or existing before or at the time of such repeal; 2, Nor shall such repeal defeat, disturb, invalidate or pr~judically affect any ot her matter or thing' whatsoever had, done, completed, existing or pending at the time of such repeal; but every such-:- (a.) .Penalty, forfeiture and liability; . (b.) Action, suit, judgment, decree, certificate, execution, prosecutio~, process, order, rule, proceeding, matter or thing; . . (c.) Act, deed, right, title, interest, grant, assurance, descent, will, regi~try, by-law, !ule, regulation, proclama tion, contr~ct, lien" charge, status, capacity, immunity, matter or thing; '(d.) Office, appointment, commission, salary, allowance, security or duty; . (e.) Marriage certificate and registry thereof and every such other matter and· thing, and the force and effect thereof respeCtively may and shall continue as if no such l·epE'a.1 had taken place, and so far as necessary may be con tinued, prosecuted, enforced and proceeded with under the said· Consolidated Ordinances of the Territory and other Ordinances and laws having force in the Territory, so far as applicable thereto ~nd subject to the provisions of the said several Ordinances and. laws . xiii .9~ The said Co~solidate'd Ordinances of the Territory Consolidated shall not be held to operate alS new laws but shall be con- Ordina.nces sh'ued and have effect as a cop.solidation of the law as d~!!~3e contained in the said Ordinances and parts of Ordinances new law, of the Territory and substituted, and the Commissioner in Council is not to be deemed to have adopted the construc- tion which may by judicial decision or otherwise have been placed upon the language of any of the Ordinances included

xiv CONSULIDATED ORDINANCES amongst the· said Consolidated Ordinances of the Terri,· tory; Construction (2.) The ,·arious portions of t.he. Consolidated Ordinances :.~:~~~heffect corresponding to and substituted for the provisions of the ast~erepealed Ordinances and parts of QrdiI;lances so repeale4 shall, Ordmances. where they are the same in effect as those Ordinances and parts of Qrdinances so repealed, be held to operate retro spectively as well as prospectively and to have been passed upon the days respectively, upon which the Ordinances and parts of Ordinances so repealed came into effect.

Rr,ference to repea.led Ordinance in former Ordina.nce. 10. Any reference in any former Ordinance remaining in force or in any instrument or document to any Ordinance or enactment so repealed shall after the. Consolida.ted Ordi nances take effl'ct be held as regards any subsequent tran- saction, matter or thing to b.e a reference to the enactments in the Consolidated .Ordinances having the same effect as such repealed Ordinances or enactment. Effect of 11. Tbe insertion of any such Ordinance in the said insertion of 11 b 1 an Ordinance

schedule 2 sha not e construed as a dec aration that such in

schedule 11. Ordinance or any part of it was or was not in force imme- diately before the coming into force of the said Consolidated Ordinances. Copies 12. Copies of the Consolidated Ordinances printed under Si:~~:i~:~f the direction of the Commission'er from the roll so deposited commIssIoner shall be l'eceived as evidence of the said Consolidated Ordi to be evidence nances ill all courts and places whatsoevel'. Distribution of copies. This Ordinnnce to b~ printed WIth Consolidated Ordinances. Citation of Consolidated Ordinances. 13.

The Oonsolidated Ordinances shall be distributed in such numbers and to such persons only as the Commis sioner may direct. 14. This Ordinance shall be printed with the said Con solidated Ordinances and shall be subject to the same rules of construction as the said Consolidated Ordinance&. 15. Any

chapter of the said Consolidated Ordinances may be cited aqd referred to in any Ordinance or proceeding whatsoever 'either by its title as an Ordinance or by its

short title or by using the expression "The Consolidated Ordinance respecting --" (adding the remainder of the title at the beginning of the particular chapter) or by using the expression" 'I'he Consolidated Ordinances 1902

chapter --" (adding the number of the particular

chapter printed in the copies printed under the direction of the Com mission er) .

'IRE YUKON TERRITORY ACT THE YUKON TERRITORY ACT. 61 VICTORIA, CHAP. 6. As amended up to the date of the coming into force of the Consolida.ted Ordinances, 1902. New sections fro,!" amending Acts have tile numbers bracketed thus (6.)

An Act to provide for the Government of the Yukon Territory. As amended by 1i2-63 Victorin,

Chapter 11. [Assented to 11th AUgUbt, 1899.) (Consolidated for Office Pttrposes.) H ER Majesty; by and with the advice and consent of the . Senate and House of Commons of Canada, enacts as follows :- xv 1 •. This Act may be cited as The Yukon Terrt'ior.1J Ilct. .

Short title. 2. The territory described in the

schedule to this Act, is The yukon hereby constituted and declared· to be a separate territory Tdefjrntdory d . e ne nn under the, nam'eof the Yukon TerrItory, and the.s.ame shall constituted. no longer form part of the North·west Territories~ (S. 13, c,41, L Edw. VII.) 3. The Governor in Oouncil may, by instrument under Commissioner the Great Seal, appoint for the Yukon Territory a chief executi ve officer, to be sty.led and known as the Commis- sioner oNhe Yukon Territory. 4 •.

The Commissioner. iShall administer the government ~dministra. o~ the Territory under. i.nstructio~s from. time. t~ time gi yen g~~e~~ment. hUll. by the Governor ID.' Councll or tho Mllllster of the Interior'. ' S.

The Governor,in Council, by warrant under his Privy Composition Seal,'may constitute aud appqint such and so many persons, of Council. from time to time,: not~xceeding six persons, as may be.Appointed deemed desirable. to' be a Council to aid the 'Commissioner members. in the administration of the Territory, and such pel'sons so appointed to the Counqil shall. before entering upon the duties .of their :office, take and subscribe before the Commis- Ollthsofotfice. ~ioner such oaths of allegiance and office as the Governor in Council may prescribe.

XVl Qu~mlln. Elect~d meml!eJ"lj. Power. and duties. Qualification. CONSOLIDATF.O ORDINANCES 2. A majority· of the Ooun~il, inCluding the Commis sioner, shall form a quorum. 3.

The natural-born and uaturalized male British subjects in the Territory, who have attained the full age of twenty- one years and continuously resided there for a period of not less than twelve months, shall elect fixElrepresentaHves to the Territorial Council, and such representatives shall have the same power and be charged with the same duties as those membel·s of the Council who are appointed by the Governor in Council; and any person qualified to vote shall be eligible for election.

Provisions for 4: The Commissioner iu Council shall, by O:l'dinance, make election. all necessary provisions for the election of such representa- tives. Term of office. 5. Such representative members of the Council shall hold office for two years from the date when they are returned as elected. (S. 1, c. 11, 62-63 V., part.) Powers to make ordinances. Disallowance by .(~o\·ernor in Council. Ordinances by Governor in Council. RestrictioDs. Penaltie~. PunishmentH. Puhlic lands; customs or excise duties. 6.

The Commissioner in Council shall,. subject to the provisions of any Ordinance of the Governor in Council, have the same powers to make Ordinanc~s for the govern ment of the Territory as are at the date of this Act possessed by the Lieutenant Governor of the North-west Territories, acting by and with the advice and consent of the Legisla tive Assembly thereof, to ma.ke Ordinances for the govern ment of the North-west Territories: Provided that the Com missioner in Council may, su~ject as aforesaid, notwith standing anything to the contrary in any Act of Parliament, make Ordinances for the control and regulation of the sale of and traffic in intoxicating liquor in the Territory .. (S. 2, c. 34, 2 Edw VII) 7'.

A copy of every such Ordinance made by the Commis sioner in Council shall be despatched by mail to the Gov ernor in Council within ten days after the passing thereof, and shall be laid before both Houses of Parliament as soon as conveniently may be thereafter, and any such Ordinance may be disallowed by the Governor in Council at any time within two· years after its passage. s.

Subject to the provisions of this Act, the Governor in Oouncil may make Ordinances for the peace, order and good government of the Territory, and of Ris Majesty's sub jects and others therein; but no such Ordinance shall- , "(a.) for the enforcemant 9f any Ordinance, impose any . penalty exceeding· five hundred dollars; "(b.) alter or repeal the punishment provided in a.ny Act of the Parliament of Canada in force in the Territory for any offence; "(c.) appropriate any public land o.r other property of Canada without authority of Parliament, or impose any duty of customs or any excise; .

THE YUKON TERRITORY ACT xvii Nor shall any tax be imposed by Ordinance except as in Imposing this Act provided: Provided always that, the Governor in t,IX(:'. Council may make Ordinances"7"" "(d.) imposing a tax or royalty (not exceeding five per cent thereof) upon gold and silver the output of mines in the Territory, to be levied from and after the date of the Ordinance imposing it ; " (

e) prescribing and regulating the place and manner of collection of such tax or royalty, and the methods of secur- ing and enforcing the payment thereof; .

"(f.) providing for the confiscation and forfeiture of gold and silver upon wh~ch such tax or royalty has not been duly paid, as well as for the confiscation and forfeiture of any vessel, vehicle, cart, or other receptacle containing it, or used or intended to be used for the transportation thereof; "(g.) giving to any officer of the Crown, in respect of searches, examinations, and other proceedings for the enforcement of the provisions of any such Ordinance, all such powers, rights, privileges, and protection as officers of customs have under the provisions of The Customs Act. 2.

Eyery Ordinance made under the authority of this Approval of

section shall remain in force until the day immediately suc- Parhament. ceeding the day of prorogation of the then next session of Parliament, and no longer,' unless during such session of Parliament such Ordinance is appl'oyed by resolution of both Houses of Parliament. 3. Every Ordinance made by the Goyernor in Council Publication. under the provisions of this Act shall have force and effect only after it has been published for four successive weeks in The Canada.

Gazette; and all such Urdinances shall be laid before both Houses of Parliament within the first fifteen days of the session next after the date thereof. (S. 3, c. 34, 2 Edw.

VII.) . (Sa.) No intoxicating liquor or intoxicants shall be manu- As to manu· factured, compounded, or made in the Territory, nor shall factu~ ~~d any intoxicating liquor or intoxicants be imported or ~~lFn;;'~i~~~t<'. brought into the Territory from any province or territory in Canada or elsewhere except by permission of the Governor in Council. (S. 3, c. 1], 62·63 V.) (Sb.) All intoxicating liquors or intoxicants imported or Customs and brouo-ht from any place out of Canada as aforsaid· shall be excise laws . . 0 ." to apply. subject to the customs and eXCIse laws of Canada. (S. 4, c. 11, 62-63 V.) _ (Sc.) The ~erms.

"intoxicating liquors" a!1d "intoxi· Interpretn.. - cants" shall, In thIS Act, have the same meanmg attached eion. to them respectively as is given by paragraphs (

e) and (I) ;;;I~!~x:::atiDg of

section 2 of The North- West Territodes Act. (S. 5, c. 11, "into"icn.nts." 62.68

V) R.S.A., c. 50. . s. 2 paras. (c.) (j.) B-Y.O

xviii CONSOLIDATED ORDINANCES Exi&tin~ l~wB9. Subject to the provisions of this Act, the laws relating to remall~ III to civil and criminal matters and the Ordinances as the force untIl • • alkred by the same exist in the North-"West Terl'ltorles at the. time of the fi~i:l~t~!~B~;: passing of this Act, shall be and remain in forc/~ in the said Yukon Territory in so far as the same are applicable thereto until amended or repealed by the Parliament of Canada or by any Ordinance of the Governor in Council or the' ~om missioner in Council made under the provisions of this Act. Territorial 10.

There is hereby constituted and appointed a superiol' ~~;s~tuted. court ofrecord in and for the said Territory, which shall be called the Territorial Court. ,Tudges. The said court shall consist of one or more judges, who shall b{' appointed by the Governor in Council by letters patent under the Great Seal. Thei~. 2.

Any person may be appointed judge of the court who quahficatlOns. is or has been a judge of a superior or a county court of any province of Canada or of the North-West Territories, or a barrister or advocate of at least ien years' standing at the bar of any such province or of the North-West Territories. 'l'heir rlis- 3.

A judge ofthe court. shall not hold any other office of qualifications. emolument under the Government of Canada, or of any province of Canada or of the said Territory,but this PI'O vision shall not pre\'ent a judge from being eligible for appointment as a member of the Council of the said Territory. Law as to judges and jurisdiction of the court. A I'peals f roUl Territorial .Court to Supreme Court of Canada. In cases relating to mining lands. 11.

The law governing the residence, tenure of office and oath of office of the judge or judges of the court, and the rights, privileges, power, authority and jurisdiction of the court and the judge or judges therebf, shall be the same, TIlutatis mutandis, as .the law governing the residence, tenure of office and oath of office of the judges, and the rights, privileges, power, authority and jurisdiction of the Supreme Court of the North-West Territories and of the judges of that court, except as the same are expressly varied by this Act. \ (Ha.) An appeal shall lie from any final judgment of the Territorial Court to the Supreme Court of Canada where the matter in controversy amounts to the sum or Talue of two thousand dollars or upwards, or where the title to real estat.e or some interes~ therein is in quest.ion, or the validity of a patent is affected, or the matter in question relates to the taking of an annual or other rent, c.ustomary or other duty or fee, 01' a like demand of a public or general nature affecting future-rights, or in cases of proceedings for or upon mandamus, prohibition or injunction. 2.

An appeal shall also lie to the Supreme Court of Canada fTom any final judgment of the Court of Appeal cousll'ituted by the Ordinance of the Goyernor in Council of the eighteenth day of March, 1901, governing the hear ing and decision of disputes in Telation to mining lands in the Yukon Territory. (S. 4, c. 35, 2 Edw. VII.)

THE YUKON TERRITORY ACT XIX (lIb.) The Territorial Court en banc shall sit at such tiIDt<S Sitti!'gs.of d I th C " . . d th . t' Terl'ltoru~1 an p aces as e ommlSSloner appOInts, an e SIt IllgS Court in Ixmc. thereof may be adjourned from time to time as may be neces/?ary. (S. 5, c. 35, 2 Edw. ·VII.) (ilc~) At such sittings the court may hear and dispose of Jurisdiction. motions for new trials, appeals; and motions in the nature of appeals, and any other business or matter within the jUl'isdiction of the Territorial Court. (lId.) Subject to the provisions of any Act or (lrdinance Rules of relating to the TelTitorial Court, the judges of the said court in ci"il k I .

I d d 'b' d mntters. court may ma e genera ru es an 01' ers prescrl mg an regulating the procedure and practice of the court in civil matter~. 12. Sittings of the court pr~sided over by a judge or Sittings of judges shall be held at such times and places as the GOY- the court. ern or in Council or the Commissioner appointsalld such sittings shall be public. ' . 13. The Governor in Council may appoint such officers Officers of of the court as may be deemed necessary, and may define the court. and spedfy the duties and emoluments of the officers so appointed. 14.

The judge of the Supreme Court of the North-West Pro\'isional Territories assigned to the Yu kon Judicial District at the o.rl;lO~ntme,~ time this Act comes into foice, and the officers of that court ~~c~r~.~ nn for the said district, shall be the judge :md officers of the TerritorialConrt until otherwise provided, but the said judge may at his option, at any time within twelve months after this Act comes into force, resnme his office as one of the judg'es of the Supreme Court of the North-West Territories, his transfer to that court being in such case made by Order of the Governor in Council. lii.

Tlle procedure in criminal cases in the Territorial Pr:oc~dure in Court shall, subject to the provisions of any Act of the crlmmaicases. Parliament of Canada, -conform as nearly as possible to the procedure existing in like cases in the North-West Terri- tOl'ies at the time of the passing of this Act. 16.

Whjl~. ig. the said Yuk6n Territory the Commis- Justices of sioner of 'the Territory, each member of the Couucil thereof, the peace. every judge of the court, and every commissioned officer of the North- West Mounted Police, shall ex officio have, possess and exercise all the powers of a justice of the peace, or of two justices of the peace,. under any laws or Ordinances, civil or criminal, in force in the said Territory, and the Goyernor in Council may, by commission, appoint such other persons justices of the peace or police commissioners, Bi-Y. o.

xx .Jurymp.n to be British subjects. Peniten .tiaries, jails and pla.ces of confinement. CONSOJ.IDATED ORDINANCE'!3 having each the atlthority of two justices of the peace within the said Territory, as may be deemed desirable. 17. No person shall be summoned or sworn as a juryman on any trial in the Territorial Court unless he is a British subject. 18.

Every lock-up, guard-room, gnard-honse or place of confinement provided by or for or under the direction of the North-West Mounted Police force, or the regular mili tary force, or a municipal body, 01' by the Com'missioner or Commissionel' in Council of the Territo~'y, shall be a peni tentiary, jail; and place of confinement for all persons sen tenced to imprisonment in the Territory, and the Commis sioner of the Territory shall direct in which such peniten tiary, jailor place of confinement any person sentenced to imprisonment shall be imprisoned. Govemor in 2.

The Governor in Council shall have power to make ~~k~c;~,~~ rules and regulations respecting the management, disci· a.nd regula- pline and-policy of every penitentiary, jail or place of con tlOns as to fi t d h' th T . t r penitentiaries, nemen use as suc In e errl or) . etc. . Coroners. 19. All persons possessing the powers of two justices of the peace in the Territory shall also be coroners in and for the said Territory.

Police (Uta.) The Governor III Council may appoint police magistrates. magistrates for Dawson Rnd White Horse in the 'Yukon Territory who shall reside at those places. respectively, and shall ordinarily exercise their functions there, but who Appointment shall have jurisdiction, respectively, in such portions of the ~n~ t~rr\torial Yukon Territory as are defined in their commissions. (S. 1, JUrISd,ctIOn. C 41,1 Edw. VII.) Tenure of office. Sala.ries. Living allowances.

Qualification. (IUb.) Such police magistrates shall hold office during pleasure and shall be debarred from practising professional ly while holding offic.e, (S. 2, c. 41, 1 Edw. VU.) (IUc) The annual salary of the police magistrate for Dawsou shall be $2,400, and that of the police magistrate for White Horse shall be $2,400, and such salaries may be paid out of any unappropriated moneys forming part of the Consolidated Revenu!3 Fund of Canada. The said magis trates may be paid in addition to the said salaries such living allowances as may be fixed by the Governor General in Council. (S. 2, c. 41, 1 Edw.

VII.) (IUd.) No person shail be appointed a police magistrate hereunder unless he has been admitted and has practise.d as an adv<?cate, barrister or solicitor in one of the provinces of Canada for a period of not less than three years. (S. 2, c. 41, 1 Edw. VII.)

THE YUKON T~RRITORY ACT (1ge.) Each of the police magistrates so appointed shall Powers ns e:1..' officio, within the territorial limits of his jurisdiction, be J. P. a justice of the peace and have and exercise the authority and jurisdiction of two or more justices of the peace sitting XXI or ~cting together. . - . '2. Each such police magistrate shall also within such Powers :L'l limits be a magistrate for the purposes of

Part LV. of The mngistrate. Criminal Code, 1892, and amendments thereto, and· shall ha'\"e and exercise all the jurisdiction of. such a magistrate, including th-at vested in police magistrates of cities and incorporated towns by

section '785 of The Criminal Code, ] 892, as that

section is enacted by

section 3 of

chapter 46 of the'statutes of 1900, and his jurisdiction under the said· Part shall be absolute without the consent of the persun charged, except where such jurisdiction is dependent upon the pl'ovisions of said

section 785 or of sedions '789 and 790 _ of The Criminal Code, 1892, as amended.(S. 5, c. 41, 1 Edw.

VlI.) (19f) The civil jurisdiction of a police magistrate so ap- 9i-:i1. . pointed,. if the Governor in Council Hiinks proper to vest If'~~'~;~;'~d' such jurisdiction in him, shall, subject to the exceptions by Gove~.nor hereinaftel' mentioned, extend to the following cases: _ In COIIIICI!. (a.) Personal actions where the amount claimed does not exceed $300. - (b.) Where the parties consent in writing, personal actions v\'hel'e the amount claimed does not exceed $:,00. . (c.) Claims and demands, of debt, account or breach of contract or covenant or money demand, whether payable in money or otherwise, where the amount does not exceed $500. (d.) Claims-for the recovery of a debt or money demand, the amount or balance of which does not exceed $1,000 where the· amount or original amount of the claim is ascer tained_by the signature of the defendant, or of the person whom, as executor· 01' administrator, the defendant repre sents.

Interest accumulated upon· any claim of this class, since the amount· or balance was so ascertained by the signatUl'e of the defendant or of such person as aforesaid, shall not be included in determining the question of juris diction, but interest so accumulated may be recovered before a police magis'trate, notwithstanding that the interest and the amount of the claim so ascertained, together exceed the stun of $1,000. (S. 6,·c. ·H, 1 Edw.

VII.) (19g.) Such police magistrates, if given civil jurisdiction, Reple,·in. shall also ha\'e jurisdiction in cases of .replevin where the value of the goods or other property or effects distrained, taken 01' detained, does not exceed $300. (S. 6, c. 41, 1 Edw. VII,) (19h.) The following classl's of cases are excepted from ExCel?ti~lIs. the J'urisdiction of such police mao'istrates '- (!'Om lUflSdlc-~ '. tlOn. (

a) Actions fo), gambling' debts;

XXII Ap\Jesl in civi caseR Rules of practice. CONSOLIDATED ORDINANCES (b.) Actions for spirituous or malt liquors drunk in a hotel, tavern or house of public entertainment; (c.) Actions on notes of hand given wholly or partly in consideratian of a gambling debt or for such liquors; (d.) Actions for the recovery of land or in which the right or title to any corpqreal or incorporeal hereditaments. or to any toll, custom or franchise comes in question; (e.) Actiolls in which the validity of any device, bequest or limitation under any will or settlement is .disputed ; (

f) Actions for malicious prosecution, libel, slander. criminal conversation, seduction or breach of promise of marriage; . (g.) Actions against a justice of the peace for anything done by him in the execution of his office, if he objects to such jurisdiction. (S. 8, c. 41, 1 Edw. VII ) (1 9 i.) There shall be an appea.l to the Territorial Court from the final judgment of a police magistrate in any civil· case where the amount in dispute, exclusive of costs, exceeds $100.

The appeal in such case shall be heard upon the evidence taken before the police magistrate, and the judg ment of the Territorial Court shall be final. (S. 9, c. 41, 1 Edw. VII.) . (I Dj.) The Commissioner in Council shall have full power, from time to time, to make Ordinances, or to empower the judges of the Territorial Court to make gene ral rules and orders, prescribing and l'egulating the proce dure and pradice to be obseryed in connection with the exercise of the cidl jurisdiction of such police magistrates. (S. 10, c. 41, 1 Edw. VII.) Appenlsunder (IDk.) For the purposes of

Part LIl. of The Criminal Crim. Code, Code, 1892, and amendments, the court of appeal from the

Part LII. verdict or judgment of the 'l.'enitorial Court or a judge. Criminal Code, s. 785. When tinsl. Under Crim. Code, P'~rt

Part LVIII. thereof shall be the Supreme Court of Canada. 2. For the purposes of the said

Part LII. the court of appeal from the judgment of a police magistrate proceeding under

section 785 of The Crimiual Code, 1892, as amended, shall be the Territorial Court. en banc . . 3. The judgment of the Territorial Court/npon any such appeal from a police 'magistrate shall be final and concln sive if the judges of the court are unanimous therein, other wise there shall be' an appeal therefrom to the Supreme Court of Canada. 4. In the said Territory the appeal from a

summary con viction or order under

Part LVIII. of The Criminal Code, 1892. shall be to a judge of· the Territorial Court 'sitting without ajury at the place where the cause of the infor mation or complaint arose, or the nearest place thereto where a court is appointed- to be held. (S. 11, c. 41, 1 Edw. VII.)

THE YUKON TERRITORY ACT xxiii (IU/.) The. expression "province" in any Act of the Par- I.nterpreta. liament of Canada includes. the Yukon Territory, unless tlOn. the context otherwise requires, and except in so far as the" Province." effect of the application of this rule would be inconsistent R.S.C., c. 1. with the intent aud object of such Act. (S. 12, c. 41,~· 7 (1::1): 1 Edw. VII.) (IBm.) Each of the judges of the Territorial Court sha1l9 .. i!ni!,a~ have, and may exercise in any part of the "Yukon Territory, ~rr!~I~IC~~n the criminal jurisdiction vested in the police magistrate for J g Dawson by

chapter 41 of the statutes of 1901, and in the exercise of such jurisdiction sha.ll have all the powers of a police magistrate un~er the said cha.pter 41. (S. 1, c. 41, 1 Edw. VII.) (IUn.) The Governor in Council may from time to time Power of a. assign to one of t he ju~ges of the said· court the duty of ordi- single judge. narily exercising such jurisdiction .. (S. 1, c. 41, 1 Ed. V n.) 20.

The Govemor in Council may appoint such officers Appointment as are necessary for the due administration of justice in the offfineces~r:y • - 0 cers. nl<lDg TerrItory, may fix the fees or emoluments of such officers of fees, et<:. and may :fix the fees or emoluments of coroners, justices of the peace, jurors, witnesse~ and other persons attending or performing duties in relation to tlle administration of criminal justice. and provide the manner in which such fees and emolument's shall be paid. (S. 20, c. 41, 1 Edw.VII.) 21.

In case of the death of the Commissioner the senior Provision for member of the Council shall act as Commissioner until. a :;'is~i~~~~!"' successor is appointed. (S. 21, c. 41, 1 Edw. VII.) death. (22.) Ererv regulation made by the Governor in Council Refedations under the authority of

section 47 of The Dominion Lands un erR.S.C., Act, applicable or relating to the Yukon Territory, shall c. 54. }'emain in force until the day immediately succeeding the day of prorogation cif the then next session of Parliament, and no longer, unless during such, session of Parliament such r~gulation is approved ~y resolution of both Houses of Parliament. (S. a, c. ?4, 2 Edw. VII.) SCHEDULE.

The Yukon Territory shall be bounded as follows :-On the south, by the Province of British Columbia and the United States Territory of Alaska; on the west, by the said United States Territory"of Alaska; on the north, by that part of the Arctic Ocean called Beaufort Sea; and on the east, by a line beginning at the point of intersection of the left bank of the Liard River, by the northern boundary of the Province of British Columbia in approximate longitude 1240 16 west

xxiv CONSOLIDATED ORDINANCES of Greenwich; thence north-westel'lv along the line of the watershed separating, the streams flowing into the Liard River below the point of beginning, 01' into the Mackenzie River, from those flowing· into the Liard River above the point of beginning, or into the Yukon River, to the line of watershed of the basin of Peel River; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of , ... atershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers; thence due north to the northern limit of the Yukon Territorv; the said territory to include the islands within twenty statute miles from the shores of the Beaufort Sea 3S far as the aforesaid due north line from McDougall Pass. .

NORTH-WEST TERRITORIES ACT THE NORTH-WEST TERRITORIES ACT.

CHAPTER 50, REVISED SfATUTES OF CANADA. As amended up to the date of the coming into force of the Consolidnted Ordinances of the North-West Territories" 1898. New ser.tions from amending Actsha'Ve the members bracketed thus (1.) Ref~rences at the ~nd of sections or clauses indicate that tbe

section or clause was amended to rend ns shown by the enact men t referred to.

An Act respecting the NOlth·'Vest Tei'l'itories. HER Majesty, by and with the advice and consent of the Senate and House of Commons. of Canada; enacts' as follows: SHORT TI'l'LE. xxv 1. This Act may be cited as .. The North- West Te1"1"itories

Short title. Act.".

INTERPRETATION. 2 .. In this Act, unless the context otherwise requires,-

Interpretation (a.) The expression" Territories" means the North-West "Terl'itories." Territories, as defined in this Act; . (b.) The expression 'u The Lieutenant Go'\"ernor" means "Lieutennnt the Lieutenant Governor of the North-West Territories' Governor." . , (c.) The expression "Lieutenant Governor in Council" ..

Lieuten~nt means the Lieutenant Governor of the Territories by and g~~J~~il~~ 11\ with the advice and consent of the Executive Council of defined. the Territories, or iil conjunction with the Executive Coun- cil of thc Territories, as the case may be. 60-61 Vic., c. 2&, s. 2. . . (d.) The expression" Supreme Court" means the Supreme" Supreme COUrt of the North-West Territories; .

Court." (e.) .The expression "intoxicating liquor" means and ': I~toxicating include~ all spirits, strong waters, spirituous liquors, wines, hql1or." fermented or coin pounded liquors or intoxicating ft.uids ; (r.) The expression "intoxicant" includes opium or any" Intoxicant." preparation thereof, and any other intoxicating dl"Ug or sub- stance, and tobacco or tea mixed, comvounded or impreg-

XXVI .. Legislati ve Assembly" defined. Territories defined. Lieutenant Governor. His powers. CONSOLIDATED ORDINANCES nated with opium, 01' with any other intoxicating drug, spirit or substance, Rnd whether the same or any of them is liquid or solid; (g.) The expression" Legislative Assembly" means the Legislative Assembly of the Territories composed, undel' the provisions of this Act, of the members elected to repre sent the several electoral divisions into which the Ten·ito l'ies are or from time to time may be divided. 60-61 Vic., c. 28, s. 3. THE NORTH-WEST TERRITORIES. S.

The Territories formerly known as "Rupert's Land:' and the North-West Territory shall, with the exception of such portions thereof as form the Prodnce of Manitoba and the District of Keewatin continue to be called and known as the North-West Territories. (But see lite Yukon Tel"l'itory Act, 61 Vic., c. 6, s. 2) THE LlEUTEN.~NT GOVERNOR. 4.

There shall be for the Territories an officer called the Lieutenant Governor appointed by the Governor in Coun cil by instrument under the Great Seal of Canada who shall hold office during pleasure. (2.) The Lieutenant Governor shall administer the Gov ernment under instructions from time to time given him by the Governor in Council or by'the Secretary of State of Canada. Administrator 6. The Governor in Council may fro'm time to time - appoint an Administrator to execute the office and functions of the Lieutenant Governor during his absence, illness or other inability. Oaths to be taken. Salary.

Travelling allownnceR. 6.

Every Lieutenant Governor or Administrator so appointed shall before assuming the duties of his office take and subscribe before the Governor Genenl or before some person duly authorized to administer such oaths, an , oath. of allegiance and an oath of office similar to those required to be taken by a Lieutenant Governor under The British North America Act, 1867. (106.) There shall be payable out of the Consolidated Revenue Fund of Oanada the following sum annually, that is to say:- To the Lieutenant Goyernor, not exceeding ......... $7,000 together with such sums of money as are from time to time fixed by the Governor in Oouncil in respect of tra\Telling allowances. 51 Vic., c. 1'9, s. 17. (Sections 7 and 8 UJere repealed by 51 Vic., c. 19, s. 1.)

NORTH-WEST TERRITORIES ACT xxvii SEAT OF OOVERNl\IENT. 9. The seat of Government of the Territories shall be Seat of fixed and may from time to time be changed by the go\'ernment. GovernOl' in Council. (Section 10 was repealed by 51 Vict., c. 19, s. 1.) LA.WS IN FORCE. 11. Subject to the provisions of this Act, the laws of ~aws of E~gland relating to civil and crimiIl:al matters, ~s the same '~1~1~~5~ 1~70, eXIsted on the fifteenth day of July.

In the year of our Lord in fO,rce ,in h d · h h d d d h 11 b . ~ Terrltones one t ousan eIg t un re an seventy. s a e In lorce with cel:tain in the Territories. in so fai' as the same are applicable to the exceptions. Territories. and in so I far as the same have not been or ar~ not hereafter _repealed. altered, varied, modified or affected by any Act of the Parliament of the United King- dom applicable to the Territories. or of the Parliament of Canada. or by any Ordinance of the Lieutenant Governor in Council or of the Legislative Assembly. 60-61 Vic., c. 28, s. 4. . • 12.

All laws and Ordinances in force ill the Territories Laws in force and not repealed by or inconsistent with this Act, shall ,·ontinlled. remain in force until it is otherwise ordered by the P.arlia- • ment of Canada, by the Governor in Council, or by the Legislative Assembly under the authority of this Act. 60- 61 Vic., c. 28, s. 5. . THE LEGISLATIVE ASSEMBLY. . (2.) . There shall be a Legislative Assembly for the Terri Legislntive tories which shall be compused of twenty-six members Assembly, elected to represent the electoral districts set forth in the

schedule to this Act until the said Legislative Assembry otherwise provides. 57·58 Vie., c. 17, s. i5. (3.) Every Legislative Assembly shall continue for lour DuratIOn of years from the date of the return of the writs for choosing Assembly .. the same; but the Lieutenant· Governor may at any time dissol \'e the Assembly and cause a new one to be chosen. 54-55 Vic., c. 22, s, 3; 57-58 Vie., c. 17, s. 16. (':I.) There shall be a session of the Legislative Assembly Limit(l,ftillle convened by the Lieutenant Governor at least once in every for ~p.SSlon, year, so that twelve months shall not intervene between the last sitting of the Assembly in one session-,and ~ts first sitting in another session; and such Assembly shall sit separately from the Lieutenant Go\'ernor, and shall present Proceedillg~ Bills. passed by it to the Lieutenant Governor for his assent, on bllle.

xxviii \Vho may vote. Who eli~ible for electIOn. , Deposit lit nOlllination. How applied. 11 Qualiikation of member of Legislative Assctr.blr· Oath to he taken by memberp. CONSOLIDATED ORDINANCES who may approve or reserve the same for the assent of the Governor General. 54-55 Vie, c. 22, s. 4. By 54-55 Vic., c. 22, s. 5, provision was "-wde for issue of w·rits and condztct of elections until the Assembly should other wise provide.

See now The Elections Ordinance. (7.) The persons qualified to vote at an election for the Legislative Assembly shall be the male British suhjects by birth or naturalization (other than unenfranchised Indians) who have attained the full age of twenty-one years, who have resided in the North-We!;t Territories for at least the twelve months and in the electoral district for at least the three months respecthTely immediately preceding the time of voting. 51 Vic., c. 19, s. 7. . (8.) Any British subject by bhth or naturalization shaH be eligible for nomination and election. (2.) No nomination at any election shall be valid and acted upon unless at or before the time of nomination a sum of one hundred dollars is deposited in the hands of the returning officer; and the receipt of the returning officer shall in every case be sufficient evidence of the payment herein mentioned. (3.) The sum so deposited shall be returned to the person by vrhom the deposit was made in the event of the canq.i date by or on w hose behalf it was so deposited, being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the can didate elected,-otherwise it shall belong to HeI" Majesty for the public uses of the Territories; and the sum so paid and not returned as herein provided shall be applied by . the returning officer towards the payment of the election expenses and an account thereof shall be rendered by him to the Lieutenant Governor. 51 Vic, c. 19, s. 8. (IS.) No person holding any office, commission or em ployment to which an annual salary from the Crown is attached shall be eligible as a 'member of the Legislative Assembly or shall sit or vote therein during the time he holds such office, commission or employment; but nothing herein contained shall rendEll' ineligible any member of the Executive Council of the Territories by reason of any salary, fee, allowance, emolument or profit of any kind or amount attaching to such membership. from being a member of the Assembly or shall disqualify him from sitting or voting therein: Pro'dded he is elected while holding such office and is not otherwise disqualified. 60-61 Vic., c. 28, s. 9. (9.) Elected members of the Legislatiye Assemhly shall take and subscribe before the Lieutenant Goyernor or before

NORTH-WEST TERRITORIES ACT such person as is designated by the Governor in Council the following oath of allegiance :- " I, A. B., do swear that I will be faithful and bear trtlp. allegiance to Her Majesty, her heirs and successors." 51 Vic., c. 19, s. 9.

XXIX (10.) Until the Legislative Assembly otherwise provides QUOl"lllll in a m~jority of the members shall form a quorum for the Assembly. transaction of business. 51 Vic., c. 19, s. 10; 57-58 Vic., c. 17, s. 13. (11.) The Legislatin Assembly on its first assembling Election of after a general election shall pruceed with all practicable Speaker. speed to elect one of its elected members to be Speaker. (2.) 'In case of a vacancy happening in the office ofV~canc(" in Speaker by death, resignation or otherwise the Legislative S~e~;k~r.

Assembly f:hall proceed with all practicable speed to elect another of its elected members to be Speaker. . (3.) The Speaker shall preside at all meetings of the Spe~ker to Legislati ve Assem bl y. preSIde. (4.) Until the Legislative Assembly otherwise provides Case of in case of the absence for any reas~n of the Speaker from ~~~~.id:d for. the chair of the Assembly for forty-eight consecutive hours the Assembly may elect another of its members to act as SpeaKer and the member so elected shall dnring the con- tinuance of such absence of the Speaker have and execute all the powers, privileges and duties of Speaker. 51 Vic., c. 19, s. 11. (12.) Questions arising in the Legislative Assembly shall ~lnjor!ty be decided by a majority of voices other than that of the to decIde.

Speaker and when the voices are equal but not otherwise the Speaker shall have a vote. 51 Vic., c. 19, s. 12. 13. The Legislative Assembly shall, subject to the pro'd- ~owerbt sions of this Act or of any other Act of the Parliament of sselll y. Canada declared to be applicable to the Territories, have power to make Ordinances for the government of the Ten'i- tories in relation to the classes of subjects next hereinafter mentioned that is to say :- 1.

The mode of providing voters' lists, the oaths to be taken by voters, the appointment, powers and duties of returning officers and deputy returning officers, election and poll clerks and their oaths of office, the proceedings to be observed at elections, the periods during which such electiollsmay be continued, and such other provisions with !'espeCt to such elections aB' fia.y be thought fit; 2. Direct taxation within the Territories in order to raise a rev en ue for Territorial 01' municipal or local purposes; 3.

The establishment and tenure of Territorial offices and the appointment and _payment of Territorial officers out of rerritorial re,enues ;

xxx Lilllitation. Ordinances r~5t>ect-ing education. Majority schools. CONSOLIDATED ORDINANCES 4. The establishment, maintenance and management of prisons in and for the Territories, -the expense thereof being payable out of Territorial revenues ; 5.

Municipal institutions in the Territories, including the incorporation and povrers, not inconsistent with any Act of Parliament, of irrigation districts, that is to say, associations of the land owners and persons interested in the lands in any district or tract of land for the purpose of constructing and operating irrigation works for the benefit of such lands; 58-59 Vic., c. 31, s. 1. 6. Shop, saloon, tavern, auctioneer and other licenses, in order to raise a revenue for Territorial or municipal pur poses; 7.

The incorporation of companies with Territorial ol,~jects, with the following exception!; ;- (a.) f;uch companies as cannot be incJrporated by a Provincial Legislature; (b.) Railway companies (not including tramway and strp.et railway companies) and steamboat, canal, telegraph and irrigation companies; 5':(-59 Vic., c. 31, s. 2. 8. The solemnizalion of marriage in the Territories; 9. Property and civil rights in the Territories; 10.

The administi'ation of justice in the Territories, including the constitution, organization and maintenance of Territorial courts of civil jurisdiction, inclurliug proce dure therein, but not including the power of appointing any judicial officers; 11. The imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinances; 12. The expenditure of Territorial funds and such portion of any moneys appropriated by Parliament for the Ten'i tories as the Lieutenant' Governor is authorized to expend by and with the adrice of the Legislative Assembly or of any committee thereof; i3.

Gen'erally all mattel'S of a merely local or private nature in the Territories. (2.) Nothing in this

section contained gh-es or shall be construed to give to the Legislative Assembly any greater powers with respect. to the subjects therein mentioned than are given to Provincial Legislatures under the provi sions of

section ninety-two of The British North America Act, 1867, with respect to the similar objects therein men tioned. 54-55 Vie., c. 22, s. 6; 60·61 Vic., c. 28, s. 6. 14. The Legislative Assembly shall pass all necessary Ordinances in respect to education; but it shall therein always be provided that a majority of the ratepayers of any district or portion of the Territories 0]' of any less portion 01' subdivision thereof,~ by whatever name the same is Known, may establish such schoo.J.s therein as they think fit and make the necessary assessment and collection of

NORTH-WEST TERRITORIES ACT xxxi rates therefor ; and also that the minority of the ratepayers l'Iinority therein whether Protestant or. Roman Catholic may estab- schools. lish separate schools therein,-and in such case the rate payers establishing such Protestan~ or Roman Catholic sepal'ate schoo.ls shall be liable only to 3;ssessments of such rates as they Impose upon themselves In respect thereof. 61 Vic., c. 5, s.coI2. '-' (Section 15 of the Act was repp.aled by 57-58 Vic., c. 17, s. 2.) (14.) The Legislative Assembly shall not adopt 01' pass Money ,"otes any vote, resolution, address or bill for the appropriation to be first d I f f h bl ' f . recommcn e(. o any

part 0 t e pu lC revenue 01' 0 an y tax or Impost to any purpose that has not b~en first recommended to the Assembly by message of the Lieutenant Governor in the session in which such vote, resolution, address or bill is proposed. 51 Vic., c. 19, s. 14. 16.

The Legislative Assembly may, from time to time, .Juries. make Ordinances in respect to the mode of calling juries, other than grand juries, in criminal as well as civil cases, and when and by whom and the manner in which they may be summoned or taken, and in respect to all matters· relating to the same. 60-61 Vie., c. 28, s; ~. (20.) For the removal of doubts it is hereby declared ~urisdiction h t b · t t th . . f T'I J\T h W t m. . . 1II matters of ~ a su ~ec 0 e provlslons 0 ftP. Hort - ea .L-ernlorzes alimony.

Act the Legislative Assembly has and shall have power to confer on Territorial courts jurisdiction in matters of ali mony. 57-58 Vic., c. 17, s. 20. (Hi.) Notwithstanding anything in, this Act or the said As to wills Act contained the LeoO'islative Assembly may, by Ordinance, ~ntd. t 1 h . . f . l' b h III OXlcan s. repea t e prOVISIons 0 sectIons twenty·sIX to lorty, ot inclusin, and also in so far as they apply to the Territories comprising the several electoral divisions mentioned in the

schedule to this Act, the provisions of sections ninety-two to on~ hundred, also both inclusive, of the said Act, together with all amendments thereto, and may re-enact the said provisions or sabstitute other provisions in lieu thereof. 54-55 Vic., c. 2,2, s. 19. 17.

An authentic copy' of every Ordinance shall be trans- Disallowance milted by mail to the Secretary of State within thirty days oCOrdinance3: after its passing; and if the Governor in Council at any time within one ·year after its receipt by the Secretary of State thinks fit to disallow the Ordinance, such disallowance, wh~n signified by the Secretary .. of State to the J;.ieutenant GoYernor, shall annul the Ordlllance from and after the date of such signification; and all Ordinances so made, and Submi'Sioll to all Orders in Council disallowing any Ordinances so made, Parliament. shall be laid before both Houses of Parliament as soon as

xxxii CONSOLIDATED ORDINANCES conveniently may be after the making and enactment thereof respectively. (Sections 18 to 25, both inclusive, were repealed by 51 Vic., c. 19, s. 1.) THE EXECUTIVE COUNCIL. Execu~ive (17.) There shall be a Council to aid and advise in the Councll.of the ~overnment of the Territories to be styled the Executive Territories. ouncil of the Territories; and the perlSons who are to be members of that Council shall be, from time to time; chosen and summoned by the Lieutenant Governor and sworn in ; and members thereof may be, from time to time,l'emoyed by the Lieutenant Governor. .

Powers. (2.) All powers, authorities and functions·which, under any Act of the Parliament of Canada or Ol'dinance of the Territories, are vested in or exercisable by the Lieutenant Gover.Q.or with the advice, or with the adYice and consent, of the Executive Committee of the Territories, or iu conjunc tion with that Committee, shall. upon the passing of this Act be vested in. and shall or may be exercised by the Lieutenant Governor with the advice. or with the advice and consent of, or in conjunction with, the Executive Ooun cil of the Territories; subject, nevertheless, to be abolished or altered by competent legislative authority. 60-61 Vic., c. 28, s. 8.

WILLS. Will~ lIIay be 26. Every p'erson may devise, bequeath or dispose of, by made. will executed in manner hereinafter mentioned, all real and personal property to which he is entitled either at law or in equity at the time of his death and which if not so devised, bequeathed· or disposed of would devolve upon his heir-at-Iaw 01' upon his executor or administrator. Testator must 27 . No will made by any person· under the ag~of be of age. twenty-one years shall be valid. Execution of wills. No further publication. 2~.

No will s}~all be valid unless it is in writing and executed in manner hereinafter mentioned, that is to say: -it shall be signed at the foot 01' end thereof by the testator or by some other person in his presence and by his direc tion; and such signature shall be made or ackno'wledged by the testator in the presence of two or more wi tnesses pre sent at the same time; and such witnesses shall attest and shall subscribe the will in the presence of the. testator but no 'form of attestation shall be necessary. 29.

Every will executed in manner hereinbefore required shall be valid without any other publication thereof.

NORTH-WEST TERRITORIES ~CT xxxiii 30. If any person who attests the execution of a will is ~ubsequellt . at the time of the execution thereof or at any time after- ~fc\~jl~~:.ncy wards incompetent to be admitted as a witness to prove the execution thereof, such will shall not on that account be invalid. 31. No person shall on a9count of his being an executor Exec.utor may of a will be incompetent to be admitted as a witness to be witness. prove the execution of such will or as a witness to prove the yalidity or invalidity thereof. 32.

If any person attests the execution of any will to D~vise to whom or to whose wife or husband any beneficial devise or :~fd;e1~1~ be legacy affecting any real or personal property (other than a witness ma.y charge for the payment of a debt) is thereby given, such ~~~~tioll. devise or legacy shall so far only as concerns such person attesting the execution of such will, or the wife or husband of such person or any person claiming under such person, wife or husband, be null and void, and such person so attesti~g shall be admitted to prove the execution of such will or the validity or invalidity of such will notwithstand- ing such devise or legacy. . . 33.

No will or codicil or any· part thereof shall be R!lvocation:of revoked otherwise than by marriage or by another will or :dli~il~d . codicil execub,d in manner hereinbefore required or by· . some writing declaring an intention to revoke the same and· executed in the manner in which a will is herein before required to be executed, or by the burning, tearing or other- wise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. 34.

Every will shall be construed with reference to the How a will real and personal property affected by it, to speak and take ~~slt~~ed effect as if it had been executed immediately before the . death of the testator unlels a contrary intention appears by the will. 35. If any real property is devised to any person with- 'Yhen fee out any words of limitation such devise shall be construed ~llnple shall h h . ~L to pass the fee simple, or other t e w ole estate or mterest which the testator had power to dispose of by will, in such real property, unless a contrary intElntion appears by the will. MARRIED WOilIEN. 36.

All the wages and personal earnings of a married Her .own woman and any acquisitions therefrom and all proceeds or :k:~;g~~er. profits from any occupation or trade which she carries on separately from her husband or derived from any literary, C-Y. o.

XXXIV No ordel' IH:lce~snry • Deposits in bank. 1<'rnudlll~nt iJ1\'estment not valid.

CONSOLIDATED ORDINANCES artisti0 or scientific skill, and all investments of such wages, earnings, moneys or property shall be free from the debts or dispositions of the husband and shall be held and enjoyed by such married woman and disposed of without her hus band's consent as fully as if she were a feme sole, and no order for protection shall be necessary in respect of any such earnings or acquisitions;. and the possession, whether actual or constructive, of the husband, of any personal .l'>roperty of any married woman shall not render the same liable for his debts. :17.

A married woman may make. deposits of money in her own name in any savings or other bank and withdraw the same by her own cheque; and any receipt or acquit tance of such depositor shall be a sufficient discharge to any such bank. 3S. Nothing herein before contained in l'~ference to moneys deposited 01' investments by any mai'ried .""oman shall, as against any creditor of the husband, give· validity to any deposit or investment of moneys cif the husband made in fraud of such creditors; and any money so deposited Or invested may be followed ·as if this Act had not been passed. Debts of wife :1,..

A husband shall not, by reason of any marriag'e, be ~::r":n~~~iage liable for the debts of his ''''ife contracted before marriage, but the wife shall be liable to be sued therefor, and any property belonging to her for hel' sepal'ate use shall be liable to satisfy such debts as if she had continued unmar ried; and a husband shall not be liable for any debts of his wife in respect of any employment or business in which she is engaged on her own behalf, oi' in respect of any of Suits by and against a lIIarried wDlnan. her own con tracts. - 40.

A married woman may maintain an actiou in hel' own name for the recovery of any wages, earnings, money and property, declared by this Act or which iF; hereafter declared to be her separate property, and shall have in her own name, the same remedies,· both civil and criminal, again·st all persons whomsoever for the protection and security of such wages, earnings, money and property,and of any chattels or other her separate property, for her own use, as if such wages, earnings. money, chattels and prop~ erty belonged to her as an unmarried woman; and any married woman may be sued or proceeded against sepa rately from her husband in respect of any of her separate debts, engagement~, contracts or torts, as if she were unmarried.

NORTH-WEST TERRITORIES ACT xxxv ADMINISTRATION OF JUSTICE. 41. The Supreme Court of record of original and appel- Supreme late jurisdiction now existing unde'r the name of ., Th~ ~oo~~i~lIled. SupI'eme Court of the North-West Territories" is hereby continued under the name aforesaid. "2. The Supreme Court shall consist of five puisne Constitution judges, who shall be appointed by the Governor in Coun- of COlll't. cil by letters patent under the Great Seal. .' -"S.Any person may be appointed a judge of the court Who lIlay who is 01' ·has been a J'udg'e of a Superior Court of any ?e "ppolllted . . ~ . Judge.

Province of Canada, a stipendiary magistrate of the Terri- tories, or a barrister or advocate of at least ten years' stand ing at the bar of any such Province, or of the Territories . ..... No judge of the court shaH hold any other office o.fl\ootheroflice emolument under the Government of Canada or of any of emolument . ' t.o be held. Province thereof, or of the TerrItories . . "5. Each judge of ·thecourt shall reside at such place Hesiden~e. in the Territories as the Governor in Council, in the corn· mission to such judge, or by Order in Council, directs. .. ., . "6.

The judges of the court shall hold office during good Tenure· behaviour, but shall be removable by the Governor General, of office. on address of the Senate and House of Commons of Canada. . 47. Every judge shall, previously to entering upon the Oath to be duties of his office as such judge, take au oath in the form. taken. following:- . " I, , do solemnly and sincerely pI'omise and Form of oath . . " swear that I will duly and faithfully and to the best of .. my sl{ill and know ledge, execute the powers and trusts .. reposed in me as one of the judges of the Supreme Court " of the North· West Territories.

So help me God."

(2) Such oaths .shall be administered by the Lieutenant How Goyernor or by ~ judge of the court. .. administered. 4S.

The court shall, within the Territories, and for the .Jurisdiction administration of the law!;: for the time being in force within \\;ithin t!le th T . . 11 h d th 't' b 'lerntones e errltunes, possess a suc powers an au on It'S as y ci"il and the law of England are incident to a Superier Court of civil criminal. and criminal jurisdiction; and shall ha,e, use and exercise all the rights, incidents and privileges of a court of record and all other rights, incidents and privileges as fully to all in ten ts and purposes as the same , .. 'ere on the fifteenth day of July, one thousand eight hundred and seventy, used, exercised and enjoyed by any of .

Her Majesty's superior courts of common law, or by the Court of Chancery, or by the Court of Probate in England,~and shall hold pleas in cl-Y.o.

xxxvi Hittings of 8uprelne Court. • T uri;diction in banc. Appeals. Judicial di8trict~. Territorial jurisdiction of judges. 'Vrits of certiorari.

CONSOLIDATED ORDINANCES all and all manner of actions, causes and suits as well criminal as civil, real, personal and mixed,-and shall pro ceed in such actions. causes and SU!ts by such process ·and course as are provided by law, and as tend with justice and despatch to determine the same,-and shall hear and deter mine all issues of law, and shall also hear and (with or with out a jury as provided by law) determine all is-sues of fact joined in any such action, cause or suit, and give judg ment there on- and award execution thereof in as full and as ample a manner as might at the said date be done in Her Majesty's Court of Queen's Bench, Common Bench, or in matters which regard the Queen's revenue (including the condemnation of contraband or smuggled goods) by the Court of Exchequer, or by the Court of Chancery or the Court of Probate in England. 49.

The court shall sit in banc at such times and places .as the Lieutenant Governor in Council appoints; the senior judge present shall preside, and three judges of the court shall constitute a quorum. 61 Vic., c. 5, s. 3 . iiO.

The court sitting in banc shall hear and determine all applications for new trials, all questions or issues of law, a.ll questions -or points in civil or criminal cases reserved for the,opinion of th~ court, all appeals or motions in the nature of appeals, all petitions and all other motions, matters or things whatsoever which are lawfully brought before it: Provided that the jud~e by or before whom the judg ment, order or decision then in question was rendered or made, shall not sit as one of the judges composing the court unless his presence is necessary to constitute a quorum. 57-58 Vic., c. 17, s. 4. {il.

The Governor in Council may at any time by pro clamation divide the Territories into judicial districts, and give to each such district an appropriate name, and in like manner, from time to time, alter the limits and extent of such districts. -:;2.

Every judge of the court shall have jurisdiction throughout the Territories, but shall usually exercise the same within the judicial district to which he is assigned by the Governor in Council, and in all causes, matters and proceedings, other than such as are usually cognizable by a court sitting in banc, and not by a single judge of the said court, shall have and ex~rcise all the powers,authori ties and jurisdiction of the court. (2.) Subject to any statute prohibiling or restricting pro ceedings by way of certiorari, a single judge shall, in addi tion to hi", other powers. have all the powers of the court as to proceedings by way of certiorari over the proceedings,

NORTH-WEs'r TERRITORIES, ACT orders, convictions and adjudications had, taken and made by justices of the peace, and in addition thereto shall have the power of revising, amending, modifying or otherwise dealing with the same; and writs of ce1·tiorari may, upon the order of a judge, be issued by the clerk of the court mentioned in such order returnable as therein directed. 54-55 Vic., c. 22, s. 7. '. xxxvii 53.

Whenever, under any Act in force in the Territories, Powel'~ of any power or authority is to be exercised, or anything is to slIIgle Judge. be done by a judge ,of a court, such power or authol"ity shall, in the Territories, be exercised or such thing shall be done by a judge of the Supreme Court, unless any other provision is made in that behalf by such Act. 5<1.

The judges of the SuprelIle Court shall have all the Judges to th 't d" d' t' t d' h t' d' replace the power::;, au on y an JUrIS lC IOn ves e III t e s Ipen lary former magistrates of the Territories on the second day of .Tune, stip~ndil!.l'Y one thousand eight hundred and eighty-six; and wher·maglstrates. ever in any Act of the Parliament of Canada relating to the Territories, the words" stipendiary magistrate" or " stipen- diary magistrates" are used, the same shall mean a judge or the judges of the Supreme Court, as the case may be. , 55.

Sittings of the Supreme Court, which shall be pre- SittingB. sided over by a judge of the court, shall be held in each where held. judicial district at such times and places as the Lieutenant Governor of the T~rritories appoints. 56. For each judicial district the Governor in Council She~ifIa may appoint a sheriff and the' Lieutenant.

Governor in and clerks_ ~ouncil may appoint a clerk. of the court,and may respec- tively name the place at which such sheriff and clerk, respectively, shall reside and: keep an office; and the clerk of the district within which the seat of government of the Territories is situate, shall be registrar of the court sitting in banc. 60-61 Vic., c. 28, s. 10. (2.) And each sheriff and clerk shall appoint a deputy or DeJl~ty deputies at such plaees within the distl'ict and with such ~?:;~~s and pewers as are, from' time to time, determined by an Ordi- . nance of the Legislative Assembly. (3.) In case of a vacancy happening in the office of Vacancies. sheriff' or clerk by reason of death, incapaci ty or otherwise, his' deputy may perform his duties until a successor is appointed ;' and where there is no such deputy, the judge usually exercising jurisdiction within the judicial district may appoint a person to fill the vacancy in the meantime. (4.) The Legislative Assembly may, 'subject to the, pro- Duties,. etc .. visions of this A9t, define by Ordinau\:e the powers, duties ~:e~t~~11f9 ~nc\ arid obligations of sheriffs and clerks, and their respective deputies. 54-55 Vic., c. 22, s. 8. '

XXl.viii SelLlof the court. Bond to be given by ahcl·iff. CONSOLIDATED ORDINA.NCES 57. Each clerk of the court shall use such a seal for sealing pl'Ocesses issued out of the court in the district for which he is appointed as the Lientenant Governor approves. ss. Before entering on the duties of his office every sheriff appointed under the provisions of this Act shall give security by bond, 01' by g'uarantee of some guarantee com pany approved by the Governor in Council, in the sum of two thousand dollars, and every clerk shall give the like security in the sum of one thousand dollars. Sheriffs' SU.

Each sherifl'shall be paid a yearly salary of five hun and clerks' d .1 d 11 d h L' t t" b d' h remuneration. reu 0 are, an t C Ieu en an uovernor, y an WIt the advice and consent of the Legislative Assembly, may legislate with I'espect to the remuneration, by fees or othel' wise, in civil matters, of sheriffs and clerks, including the registrar of the Supreme Cour.t.57-58 Vie., c. 17, s. 5. Shel'iffs and clerks to be officers of the court gencrn.lly. Disposa.l of North·West Mounted Policll Force. Justices of the peace. Prol>erty qua ifi~ation.

Oaths of qualification Ilnd office. (Sect.ions 60 and 61 of Ihe Act were 1'epea{ed by 57-58 Vie., e. 17, s. 6.) •• 2. E\'ery sheriff and clerk shall be an officer of the Su preme Court generally, and not merely of the judges sitting or n::'ling in his district, and shall obey the lawful orders of the said court and of the judges thereof', in whatever dis trict such orders are made, provided anything is required to be done under them by the sheriff or clerk in his district. 63.

The Lieutenant Governor may, subject to any orders made in that behalf from time to time b,- the Governor in Council, issuo orders to the N orth- West Mounted Police force, in aid of the administration of civil and criminal jus tice and for the general peace, order and good government of the Territories . . 64.

The Lieutenant Governor may appointjnstices of the peace for the Territories, who shall ha \'e jurisdiction as SUGh throughout the same; but, until the Legislative Assembly otherwise provides, uo person shall be appointed a justice of the peace fOl'the Territories 01' shall act as such who is not the owner in fee simple for his own use and benefit of lands lying and being in the Territories of and above the value of three hundred dollars over and above what will satisfy and discharge all encumbrances affecting the same and over and above all rents and charges payable out of or affecting the same, and who has not resided in the Terri tories for a period of at least three years. 60-61 Vic" c. 28, s. 11: , (2.) Every justice of the peace for the Tel'Titories. before he takes upon himself to act as snch justice, shall take.and subscri be before the Lieutenant Governor, a judge of the

'NORTH-WEST TERRITORIES ACT Supreme Court or any justice of the peace for the Tenitories, the oat.h of qualification and the oath of office contained in the

schedule to this Act or· such other oath or oaths as the Legislative Assembly from time to time prescribes. 60-61· Vic., c. 28, s. 12. _ xxxix (3.) The Governor in Council may appoint police magis- Poli?e Hates in the Territories and such police mag'istrates shall magIstrates. have all powers and authorities now vested in two jus- tices of the peace under any law in Canada and shall exercise jurisdiction C i~o and for such territory as is defined by the Order in Council appointing them respectively or by any.Ordel· in Council amending the same. 57-58 Vic., c.17, s. 7.

(4) No person shall be appointed a police magistrate un- Whollmy be less he has been admitted aud has practised as an advo- :tppomted. cate, barrister or solicitor in one of the provinces of Canada for a period of not less than three years.. f>7-58 Vic., c. 17, s. 7; 60-61 Vie., c. 28, s. 1:3. (19_) Unless otherwise therein specially provid ed proceed- Procedure. ings for the imposition of punishment by fine, penalty or dmprisonment for enforcing any Territorial Ordinance may be brought summaril.y before a just'ice Of)'the pcac~ under the provisions of

part LVII I of The Oriminal Code, 1892. 57--58 Vic., c. n, s. 19, AD~nNISTRATION OF CRli\IINAL LAW. 6;i.

The procedure in criminal cases in the court shall, ProcL-dure ill su~iect to any Act of the Parliament of Canada, conform as crimin:tlc:tSes. nearly as m,{tY be to the procedl1l'e existing in like cases in England on the fifteenth day of July in the yeaI' one thou- sand eight hundred and seventy; but no grand jury shall No grand jury be summoned or sit in the Territories. (12.) Every justice of the peace 01' other magistrate hold- Rec~m! of , 1'" 't' . . t . , 1 er prellmmary mg a pre Immary lllves 19ahon In 0 any cl'lmma ollence m\'esti~tion which may not be tried under the provisions of The Sum- before Justice lIlarlJ, Convictions .Act, shall immediately after the conclusion ~'B~mitted of such investigation b'ansui.it to the clerk of the court for to court. the judicial district in which the charg~ was made all in formations, examinations, depositions, l'ecognizances, inqui- sitions and papers connected with such charge; and the clerk of the court shall notify th e judge thereof. ..

(2) Whenever any person charged is committed to jail DlItyofsheriff fOl· trial the sheriff or other person in charge of such jail or gaoler .. shall within twenty-four hours notify the judge exercising jurisdiction at the time in the judicial district, in wri.ting, that such prisoner is so confined, stating his name and the nature of the charge preferred against him; ''v hereupon wi~h as little delay as possible the judge shall cause the

xl Forwnl chnrge. Powers as to certain offences. Theft, etc. Aggravated assault. ASSD.ult on" female, etc. Escape from custody.

Summary trial. Trial by jury. CONSOLIDATED ORDINANCES prisoner to be brought before him for trial either with or without a jury as the case requires. 54-55 Vic., c. 22, s. 12. (11.) In lieu of indictments and forms of indictment as provided by The Criminal ~roceduTe. Act the trial of any person charged with a criminal offence shall be commenced by a formal charge in writing setting forth as in an indict ment the offence wherewith he is charged. 54-55 Vic., c. 22, s. 11. 66.

Eyery judge of the Supreme Court shall have and exercise the powers of a justice of the peace or of any two jus tices of the peace under any laws or Ordinances inforce in the Territories,-and may also hear and determine any charge against any person for any criminal offence alleged to have beeneommitted in the Territories or (subject to the provisions of

section fourteen of the Act passed by the Parliament of Canada in· the forty-seventh year of Her Majesty's reign, and chaptered six) in any.tenitory eastward of the Rocky Mountains wherein the boundary between the province of British Columbia and the Territories has not been officially ascel'tained, when the accused is charged- (a.) With havilfg committed or attempted to commit theft, embezzlement, 01' obtaining m"'oney or property by false pretences, or receiving stolen pr<lperty. in any case in which the nlue of the whole property alleged to han been stolen, embezzled, obtained or receiyed does not in the opinion of such judge exceed two hundred dollars; or- (b.) With having committed an aggravated assault by unlawfully and maliciously inflicting upon any other per son either with 01' without a weapon or instrument any grievous bodily harm or by unlawfully and maliciously wounding any other person; 01'- (c_) With having committed an assault upon any female whomsoever or upon auymale child whose age does not in the opinion of the judge exceed fourteen years; . and when such assault, if upon a female, does not in his opinion amount.to an assault with intent to commit a rape; or- (d.) With having escaped from lawful custody or com mitted prison breach, or assaulted, obstructed, molested or hindered any judge, justice of the peace, commissioned officer of police, constable, bailiff or other peace officer or officer of customs or excise or other officer in the lawful per formance of his duty or with the intent to prevent the per formance thereof.

(2) The charge shall be tried in a su:nmary way and without the inV~rvention of a jury. 60-61 Vic., c 28, s. 14. 67. When the person is charged with any other criminal offence the same shall be tried, heard and determined by the judge with the intE'rvention of 11 .iury of six; but in any such case !the accused may with his own consent be tried

NORTH-WEST TERRITORIES ACT xli by It judge in a

summary way and without the intervention of a jury. 54-55 Vic., c. 22, s. 9. os. Whenever upon a trial before a judge in a

summary On trial for W ay under either

section sixty-six '01'

section sixty-seven of ~~I~\~~ti~~e, this Act such judge is not satisfied that the accused is ma.y be for guilty of the offence with which he stands charged but the a,nother. circumstances are such that upon a trial before a jury under The Criminal Procedure Act for the' like offence' the jury H.S.C., c. 174. might fina. 'the accused guilty of some other offence, . the judge shall have the same power as "to findings as a jury would have in the like circumstances under the said last mentioned Act,and may convict the accused of such other offence, notwithstanding that such offence is one for which under

section sixty-seven aforesaid the accused could not without his own consent have been tried in a.

summary way; and the person so convicted shall be liable to the punishment by the said last mentioned Act or otherwise hy law prescribed for the offence of which he is so found guilty. 54-55 Vie., C. 22, s 10. on. The judge 'shall upon every stich trial take or cause N'!tes of to be taken down in writing full notes of the evidence and eVIdence, other proceedings thereat; and all persons tried as aforesaid shall be admitted after the close of the case' for the prose- Defell~e by .cution to make full answer and defence by counsel, attorney colllm. 01' agent. °70.

When any person is con,ricted of a capital offence Sentence of arid is sentenced to death the judO'e shall forward to the death to be 1\ ..... , f J ' f 11 f °h'd ' h h' repo\'ted . .Lu.llllster 0 ustlCe u notes 0 t e evi ence WIt IS report upon the case; and the execution shall be post- poned from time to time by the judge if found necessary Stay of until such I'eport· is received and the pleasure of the execution. Governor General thereon is communicated to the Lieu- tenan.t Governor. 71.

Persons I'equired as jurors for a trial shall be sum- ~ummoning moned by a judge from among such male persons as he Jur()rs. thinks suitable in that b~half; a.nd the jury required on such trial shall be called from among the persous so su~- moned as such jurors and shall be sworn by the judge who presides at the trial. (2.) 1'he Governor in Council may at any time by procla matiom declare that this

section shall be repealed from and after the date named in such proclamation. 57-58 Vic., c.17, s. 8. 72. Anyone arraigned for treason or an offence punJsh- Perem[ltory able with ~eath. or an offence for which he may be ~en- t~a.~~e~~~d. tenced to Impnsonment for more than five years, 'may

xlii CONSOLIDATED ORDINANCES challenge peremptorily, and witbout cailse, any Dumber of jurors not exceeding six; and every peremptory challenge beyond that number shall be void. 57-58 Vie" c. 17, s. 9. By the Crowll(2'.) The Crown may peremptorily challenge any number Ch~lIengos for cause. If the li.t of jurol's is exhausted. Tales. 'Fine for non, attendance. \Vitne.s failing to attend guilty of contempt. of jurors not exceeding four. (3.) Challenges for cause shall be the same as are pro vided fOl' undel' Tile Act respecting P1'oceduTe in Criminal Cases. ' 73.

If by reason of challenges or otherwise, the number of jurors summoned for the trial is exhausted, the judge shall direct some constable 01' other person to summon, by word of mouth, from among the bystanders or from the neighbour hood, such number of persons as are necessary to make up a jurv,-the persons so summolled being' su~j~ct to chal lenge as thpse summoned by the judge in the first instance; and the like proceedings shall be repeated, if necessary, until a jury is obtained, competent to try the case; and any person summoned, as hereby pl'Oyided, to serve as a juror, who makes default or refuses' to serve as such juror" withollt lawful excuse to the satisfaction of the judge, may be fined by-him a sum not exceeding ten dollars, and commitled to prison until such fine is paid, 74.

Any perSOll duly summoue(l, whether on behalf of the prisoner or against him, to attend and gi ve evidence 011 any such trial, shall be bound to attend on the day appointed for t he same, llnd shall remain in attendance throughout the whole trial; and it he fails so to attend, he shall ~ deemed guilty of contempt of C01Ut, and may be proceeded against therefo]'. Proceedings 7:;.

Upon proof, to the satisfaction of the judge, of the in such ense. . f . h L"l t t t d d summomng 0 any Witness W 0 lal s 0, a en ,an upon such judge being-satisfied that the presence of such witness before him is indispensable to the ends of justice, he may, by his warrant, cause the said witness t.o be apprehended and forthwith brought before him to give evidpnce and to answer for his contempt; and such witness may 'be detained on such warrant, with a view to secure hi!:! presence as a .yitness, or may be released on recognizance, with or with out sureties, conditioned for his appearance to give evi dence as therein mentioned, and to answer for his con tempt; or the judge may, in a

summary manner, examine and dispose of the charge of contempt against the said yine ~nd witness, who, if found guilty thereof, may be fined or lm prlsonlllellt imprisoned, or both,-such fine not to exceed one hundred dollars, and such imprisonment to be with or without hard la~or, and not to exceed the term of ninety days .. lteturus to Lielitenallt Gov~rnor. 76. RetUl'ns of all trials alld proceedings,civil and Cl'iminal, shall be made to the Lieutenant Governor in such form and at such times as he dir~cts.

NORTH-WEST. TERRITORIES ACT xliii . 77. The Governor in Council may, from time to time, Gover~lOr in by proclamation, declare that the ten sections next preced- ~~~~I'~sl.IlGl iug .. or any of them, shall be repealed from and after the to 76 .inclllsive d ·d·' hI' uy ate name In suc . proc amatlOn. . proclamation. 78.

If imprisonment. for any· term not less than two Wh!'re'COllviet . d d . th' t b d d may be years IS awar e In any: case, e conV1c may e or ere imprisoned. to be imprisoned.in any jailor penitentiary in the Terri- tories or to be conveyed to the penitentiary in the Province of Manitoba, on the warrant of the judge; and whenever Conve any convict or accused person is ordered to be conveyed to of prisoners. the penitentiary in l\1anitoba, any coosta:ble or other person in whose charge he is to be so conveyed. may hold and convey him, or retake him in case of an escape; and the warden of the penitentiary in Manitoba may detain and Duties nt;d deal with him, in the said Province, as if such penitentiary ~\;(I~~'.O was within the Territories, or as if the said con"dct or accused person had been ordered to be conveyed to such peni tentiary by some competent court or authority in the said Province. 79.

If it is impossible 01' inconvenient in the absence or When t f . '1 th I f fi . t t prIsoner mo.y remo eness 0 any .lal 01' 0 er p a.,;e 0 con nemen, 0 be placed carry out any sentence of imprisonment, any judge 01' il~ cllstodyof justice of the peace may sentence any person convicted ~~~~~~L before him of an offe·nce, other than the breach of a munici- pal by-law, to be placed and kept in the custody of the N OTth-West :Monnted Police force, with or without hard labour; and any police guard-house or guard-room in the Territories shall be a penitentiary, jail or place of confine- ment for all purposes, except the confinemertt of any person sentenced to imprisonment for breach' of a municipal by-law; but if any municipality makes arrangements with the Commissioner of the North-West Mounted Police for the maintenance of persons convicted of a breach of any by-law of such municipality during the period of their sentence, the provisions of this

section shall thereafter apply to such persons in like manner as to other offenders. 54-55 Vic., c. 22, s. 13. so.

Tl;w Governor in Council may, from time to time, What lllny be direct that any building or buildings, or any part theI·eof, Cl gnol. or any ,enclosure or enclosures, in any part or parts of the Tenitorit's, shall be a jailor lock-up fOl'the confinement of prisoners charged with the commission of any offence or sentenced to any punishment or confinement therein; and confinement therein shall thereupon be held lawful and valid' whcth~l' sucb prisoners are being det~illed for trial or are under sentence of imprisonment in a penitentiary, jail or oth~r place of confinement; and the Governor in Council may at any time direct that any building or any part thereof, or any enclosure, shall cease to be n -jeil or lock-up,

xliv Gaol discipline. Condition" upon which prisoners are ker t. Limitation of time for Who sl;nll be coroners. When inquests may be..held. Deceneeri prisoners.

CONSOLIDATED ORDINANCES and thereupon such building or part thereof, or such enclo sure l:ihall cease to be a jailor lock· up. (2.) The Govemor in Council shall have power to make rules and regulations for the management, discipline and policy of such jails or lock-ups and for fixing and pre scribing the dutiesand'conduct of the jailer and e,ery other officer or servant employed. therein and for the diet, bedding, maintenance, employment, classification, instruc tion, disCipline, correction~ punishment and reward of persons confined therein, and to annul, alter and amend the same from time to time; and all jailers, officers, prisoners and other p~rsons shall .be bound to obey such rules and regulations. (3.) The Governor in Council shall also have power from time to time to prescrihe the terms and conditions UpOll which persons convicted or accused of any offence under any Ordinance of the North-West Territories or any munici pal by·law or regulation, or sentenced to confinement und<'T any such Ordinance, by-law or regulation, or arrested under any civil process, shall be received and kept in any jailor lock-up created under the authority of this secLion ; and he may from time to time specify what jails and lock·ups shall be available for the confinement of such persons. 54-55 Vic., c. 22, s. 14.

SI. In all cases in the Territories· when procep.dings before justices of the peace are authorized to be

summary and when no time is specially limited for making any complaint or laying any information in the Act or law relating to the particular case, the complaint shall be made and the information shall be laid within twelve months from the time when the matter of the complaint or infor mation arose. CORONERS AND INQUESTS. S2. The Indian Commissioner for the 'l'erritories, the judges of the Supreme Court, the Commissioner and Assistant Commissioner of the North·west Mounted Police, and such other persons as the Lieutenant Governor from time to time appoints, shall be coroners in and for the Territories. ss.

Except as hereinafter pro\'ided no inquest shall be held upon the body of any deceased person by any coroner unless it has been made to appear to such coroner that there is reason to believe that the deceased died from violence or unfair means or by culpable or negligent conduct either of himself or of others, under such circumstances as require investigation and not through mere accident or mischance. s". Upon the death of any prisoner the jailer or officer in charge of the jail wherein such prisoner dies shall im-

NORTH-WEST .TERRlTORIES ACT mediately give: notice to the nearest resident coroner, and such coroner shall proceed forthwith to hold an inquest upon the body. xlv S3. It shall not be necessary iti any case that a coroner's ~umber of jury shall exceed six persons, but in every case of an inque~t Jury. six jurors must agree in order to render the verdict valid. S6. Coroners shall have the same powers to summon Powrrs of witnesses and to·punish them for disobeying a summons to coroners. appear oi" for refusing to be sworn or to give evidence as are enjoyed by justices of the peace. 8'7.

The fees of coroners, jurors and witnesses attending Fee~. criminal trials and inguests may be fixed from time to time by the Go,ernor in Council and paid in such manlier as he directs. ADMINISTRATION OF CIVIL JUSTICE. ss.

Every judge of the Supreme Court shall have juris- 9h:i\ . diction, power and authority to hold courts, whether estab- JUr .. e~lctlou lished by Ordinance of the Legislative Assembly or not, at of)u ge. such times and places as he thinks proper and at such courts as sole judge to hear all claims, disputes and demands whatsoever exc~pt as herein provided, which. are brought before him, and to detennine any questions. arising' there- out, as well of fact as of law, in a

summary manner j and such courts shall be open public courts. (2.) Provided that in cases where the claim, dispute or rria\ by jury demand arises out o~ a tort, wrong or grievance and in ~~~~~tam which the amount claimed exceeds five hundred dollars, or if for a debt or on a contract in which the amount claimed exceeds one thousand dolla'rs, or for the recovery of the pos- session of real property, if either party demands a. jury or in any such case in. which the judge thinks fit so to dhect, he may direct that all questions of fact therein shall be tried and determined by a sworn jury of six in number sum- moned in the manner hereinbefore provided as to criminal trials. (3.) Provided. further that in cases of <lisputed accounts Heferenceof the judge may in place of a trial by jury direct the evidence disputetd to be taken by the clerk of any court or by any other com- accoun s. petent person; which clerk or other person shall be sworn to take the same truly and to reduce it to writing. (4.) The iudge may give judgment on the verdict of the .Judgment. jury or upon the evidence taken by the clerk or other per- son as a.foresaid or may order a new trial when justice seems to require the same; and in all cases 0. judge may give such judgment and make such orders and decrees, interlocutory and final, as in such cases brought before him ~ppear just and agreeable to equity and good conscience; but no court

xlvi No ncting fol' gambling debts or intoxicants. ,Tudgment, how gi'·en. Expcution of judgment CONSOLIDATED ORDINANCES or judgt' in the Territories shall haye jurisdiction in respect of any action for a gambling debt or for the price of any intoxicating liquor or intoxicant, or of any action by any person on any promissory note, bill of exchange, cheque, draft or other document or writing whatsoever, the con sideration or any part of the consideration for , ... hich, was a gambling debt or any intoxicating liquo1" 01" intoxicant. 60-til Vic., c. 28, s. 15. sn.

E,rery judgment of the judge shall be pronounced in open court as soon as may be after the hearing of the case; except that in any case where the judge is not pre pared to pronounce judgment at the close of the trial he may postpone judgment and deliver and enter the same subsequently, and such judgment shall be as effectual as if rendered in court at the trial. no.

The proceedings to carry into effect any such judg ment, orde1" or decree, whether interlocuto1"Y or final, shall be as prescribed by any Ordinance of the Legislative Assem bly; or if no such Ordinance is in force when au}' such judgmeut, order or decI'ee is rendered, then in such manner as the judge who pronounced the same directs. 60-61 Vic., c. 28, s. 16. Go\"er~lOr in !H.

The Goyernor ill Council may from time to time by Counclllll:'Y l)rocla'mation declare that the three sections next precedinO" repenl sections ... . 0' SS to no b): or any of them, or any portIon or portIons of the Sald sectIons proclamation. or of any of them, shall be repealed ftom and after the date named in such proclamation. 57-58 Vic" c. 1'7, s. 10. PROHIBITION OF iNTOXICANTS. Intoxicllnts 92.

No intoxicating liquor 01' intoxicant shall be manu ::~tll~f:~tured fact~red, cOI~po.unded or made in the.'~e1'ritori~s, except by etc., ~"i~hout speCIal pernllSSlon of the Goyernor III CouncIl;· nOlO shall pernmswn. any intoxicating liquor 01' intoxicant be imported or brought into the Territories from any Province of Canada, 01' else where, or be sold, exchanged, t1"aded or barte1"ed, or had in possession ther~ill, except by special permissioll, in writing, of the Lieutenant Goyernor.

Customs and (2.) Intoxicating liquors or intoxicants imported or excise laws brol.1oo·ht fl'om any place out of Canada into the Terri-to npply. J tories, by special permission in wriling of the Lieutenant Goyernor, shall be su~ject to the customs and excise laws of Canada. Return of n:J. The Lieutenant Governor shall make an annual permissiolls. l'eturn, up to the thirty-first day of Decembel' in each yeal', of the number of such permissiollS so given by him, and the quantity and nature of the intoxicating liquors and

NORTH-WEST 'l'ERRITORIES ACT intoxicants in each case, to the Minister of the Interior, who shall lay the same before Parliament, xlyii !)4.

If any such intoxicating liquor or intoxicanl is llla~u~ ~'orfe.itl1re 01 factured or made in the TerritorIes, or is imported' or IIItoxlcant. brought into the 1'el'l'itoi'ies, or is sold, exchanged, traded or bartered in violation of the provisions of this Act, snch liquor or intoxicant shall be forft'ited, and may be seized by any officer of the customs or excise, or by any constable 01' other duly qualified person wheresoc,er found; and any judge of the Supreme Court or justice of the peace on com- plaint made befoTe him may, on the evidence of one credi- Qle witness that the provisions of this Act haye been violat- ed .in respect thereof,. order such intoxicating liq nor or intoxicant so seized to be forthwith destroyed; or if such Search liquor or intoxicant has not been seized such judO'e or wammt llIay . t' f h' 1 . &'d "'. be granted.

JUS ICe 0 te peace on comp amt as aloresaI may Issue a search warrant, as in cases of stolen goods, and upon the same being found may cause them to be forthwith destroyed;' and the still, machinery, keg; banel, case, box, Still,. l)acka~e or receptacle whence or in \"hich an" intoxicatinO" l)ladchlller}t' I • ~ • • J • 0 all .recep ae e hG uor or llltoxICan t has been manufactured, Imported or may be seized. made, sold, exchanged, t.raded or bartered. and as well that in which the original supply was contained as the vessel w herein any portion of such original supply was supplied as aforesaid, and the Temainder of the contents thereof, if such still, machinery, barrel, keg, case, box, package, receptacle or vessel aforesaid, TespectiYely, c:tn be identified, may be seized by any officer of the customs or excise 01' by any con-' stable or other duly qualified person wheresoeyer found within the Territories; and any judge of the Supreme And forfeited.

Court or justice of the peace may, on complaint before him and on the eyidence of one credible witness that the proyi- sions of this Act have been violated in respect thereof, declare such intoxicating ,liquor 01' intoxicant, still, machi- nery, vessel or receptacle forfeited and cause the same to be forthwith desh'oyed; and the pm'son in whose possesSiOilPenalty.and any of ,them are found shall incur a penalty not exceedinO" apphcatlOlI . 0 thereof. $200 and not less than> $::;0 with costs; and a mOIety of suchpellalty shall belong to the person laying the informa- tiun, and the other moiety thereof shall belong to Her Majesty for the public us~s of Canada. 5'1-55 Vie., c. 22, s. 15. (2.) Every yehiclfl on whieh any snch intoxicating liquor Vehicl~s or intoxicant is imported or cOll\'eyed into or through or li~:~;':"l'~y over any portion of the Territories contrary to the proyi- be seized. sions of this Act shall, together with the horses or other cattle employed in drawing any such vehicle as aforesaid, be forfeited to Her Majesty and may be seized and dealt with accordingly. 51 Vic., c. 19, s. 18. 9ii.

Eyery person who without special permission as l'ent\lty fol' I' 'd . d h' ft- k d nmnllfac· aloresaI Issue to nn, Inallu ac ures, ma -es, compoun s,

xlviii CONSOLIDA.TED ORDINANCES ~urins. imports, sells, exchanges, trades or barters any intoxicating 'IntoxIcating liquol' or intoxicant, or in whose possession or on whose Iquors, etc., without . premises any intoxicating liquor or intoxicant of any kind permission. is~ withont such special permission issned to him, shall incur a penalty not exceeding $200 and not less than $50, a moiety of which penalty shall belong to the person lay ing the information. 5·&-55 Vic" c. 22, s. 113. Pen.",ltylor 96.

Every person who knowingly has in his possession havmgartlCles . 1 h· 1 d'· th' h d 'd exchanged for any artIc e, c atte, commo Ity 01' lUg purc ase ,acqulre I intoxic~ntsin exchanged, traded or bartered, either wholly or in part, fol' possessIOn. any intoxicating liquor or intoxicant shall for each offence Forfeiture of things accessory to offence. PeMlty for refusing to assist constnblc. Recovery of p~nBltie9. Penalty for a subsequent offence. • incur a penalty not exceeding $200 and not less than $5~ a moiety of which penalty shall belong to the informer. 97.

Every article, chattel, commodity or thing, in the purchase, acquisi tion, exchange, trade or barter of which the consideration either w holly or in

part is any intoxicating liquor or intoxicant, shall be forfeited to Her .Majesty and shall be seized as hereinbefore prodded in respect to any receptacle of any intoxicating liquor or intoxicant. 98.

Every person who refuses or neglects to aid any constable, sub-constable or other dnly authorized person in the execution of any act or duty required under any of the six sections next preceding, or who knowingly refnses to give information or gives false information in respect to any matter arising the!efrom, shall incur 0. penalty not exceed ing $200 and not less than $50,-0. moiety of which penalty shall belong to the informer. 99. Every penalty incurred under any of the seven sec tions next preceding shall be reco"Verable with costs on

summary conviction on the evidenoe of one credible witness before any judge of .the Supreme Court or justice of the peace, who shall on payment of such penalty and costs pay the informer his share thereof; and in case of non-payment of the penalty and costs immediately after conviction the (;onvicting judge or justice of the peace may in his discre tion levy the same by distresss and sale or.may commit the ~erson who is so convicted anq. makes default to any com mon jailor house of correction or lock-up house for a term not exceeding six months with or without hard lab0ur, unless the said pp-nalty and costs are sooner paid; and upon conviction for a subsequent offence the offender shall be liable to a penalty not exceeding $400 and not less than $200; payable and recoverable as in this

section provided and, in the discretion of the convicting judge or justice of the peace, to imprisonment with or without hard labour in any commOll jailor house of correction or lock-up house for a further term npt exceeding six months .

,NORTH-WEST TERRITORIES ACT xlix 100. No seizure, prosecution, conviction or commitment COllviction. under this Act shall be in~alid for want of form, so long as il~'~lid~or the same is according to the true intent and meaning of this wo.nt of form. Act. ' SALE OF ARMS AND AMMUNITION. 101.

In this section-· IlIterpr~tAtion (a.) The e.xpression " improved arm 11 means and includes" Improved all arms except smooth bore shot guns; arm." (b.) The expression ,. ammunition 11 mea.ns fixed am mu- ': Ammuni· nition or ball cartridge. tlOn." (2.) .Every person, who. in the Territori~s,- (a.) Without the permission in writing (the proof of Supplying which shall be on him) of, the Lieutenant Governor, or of a o.rms an.d. . . . d b h" . .' h .. lLru III 11 III tlOlI commIssIop.er appOlnte y Im to glYe'suc permISSIon, withellt a has in his possession or sells, exchanges. trades, barters or permit. gives to, or with any person, any improved arm or ammu- nition, or-'- (b.) Having' such permission, sells, exchanges, ttades, Or to . barters or gives any such arm or ammunition to any person uno.uthOrl8~d not lawfully authorized to possess the same- persona; shall on

summarY'conviction before a judge of the Supreme Tobeoffences.

Court or t~o justices of t~e p~ace, be liable to a penalty ~~~i~h:')lp, not exceedmg $200, or to ImprISOnment for any term not. exceeding six months, or to both. (3.) All arms and ammunition· which are in the posses- SelIrchforo.nd. sion of any l?erson, or w~ich' are sold, ~xch~nge.d, trade~, ~~~r:n~ bartered or gIven to or wIth any person m VIOlatIOn of thIB.a.mmunition section, shall be forfeited to the Crown, and may be seized ~Itt !=Ontrty by any constable or other peace officer; and any judge of ,Issec Ion. the Supr.eme Court or justice of the peace may issue a seareh warrant to search for and seize the same, as in the case of stolen goods. (4.) The Governor. in Council may, from time to time, llegullLtions make regulations respecting·, . '~y Gover.llor ( ) Th . f .. 11 h t d III CounCil. a. ,e grll.ntIng 0 permISSIon to se . exc ange, ra e, Permits for barter, give or possess arms or ammunition; arms. etc .. (b.) The fees to be taken in respect thereof; Fee..!! . (C.) The returns to he made respecting permissions Retu·rna. granted; and- (d.) The disposition to be made of forfeited arms and am, Disposition. munition. (5.) The provisions of this

section respecting the posses- Provi~o. sion of arms and ammunition shall not apply to any officer or man of Her Majesty's forces. of the Militia force, or of the N orth- West Mounted Police force. '(6.) The Governor in Council may, from time to time,

Section lIIay. declare h-r proc~amation th8:t upon lI:n~ after a .da~ there~n f~ fImeri named thIS

sectIOn shall be m force m the TerrItOrIes, or m nny J,lac!! ill any place or places therein in such proclamatinn desig- N." :1'. nated; and upon and after such day, but not before, the D-Y.O.

I And proclamation may Le revoked. To be judicially noticed. CONSOLIDATED ORDINANCES provisions of this

section shall take effect and be in force accordingly. (7.) The Governor in Council may in like manner, from time to time, declare this

section to be no longer in force in any such place or places, and may again, from time to time, declare it to be in force therein. (8.) All courts, judges and justices of the peace shall take judicial notice of any such proclamation. APPEA.LS FROM JUSTICES OF THE PEAOE. Conrt of 102. The court of appeal from convictions and orders of ~Lpl'~al fr'f)l11h justices of the peace in the Territories shall be a judge of ]llstICCS 0 t C h S C .. 'th . d th I k t· peace. t e upreme ourt Blttlllg Wl out a Jury; an e c er 0 Removal of lunntic9 in custody, by order of Lt. Governor.

Removal of lunatics confined before daw "pecified. . the peace or other proper officer mentioned in the Act . respecting s1t1nrnary proceedings before justices of the peace shall in the Territories mean the clerk of ·the Supreme Court of the judicial district within which such conviction takes ·place or such order is made. I .. UNATICS. 103.

Whenever under any law or Ordinance in force in the Territories, any insane person is kept in custody until the pleasure of the Lieutenant Governor is known or until such person is discharged by law, the Lieutenant Governor may cause such person to be rep:lOved to and confined in any asylum or place of confinement from time to time designated for that purpose by the (] overnor in Council, and the superintendent or warden of such asylum or pIa cl:' of confinement shall receive such person and detain him therein until the pleasure of the Lieutenant Governor' is known or until such person is discharged by law. (2.) The Lieutenant Governor of the Province of Manitoba may cause any insane person who came from the Territories and who was confined in a teruporary lunatic asylum on the twentieth day of July, one thousand eight hundred and eighty-five. to be removed to the Manitoba lunatic asylum; and thf> supl:'rintendent of the said asylum or the superintendent of such temporary lunatic asylum, as the case may be, shall detain every such person committed to his keeping until the pleasure of the Lieutenant Governor is known, or until such person is discharged by law.

Recapture . 104. If any insane person confined in such ·asylum or of lu~atICs . place of confinement under this Act escapes therefrom escal'lIlg from. ., confinement. any of the officers or servants thereof or any other person or persons at the request of such officers or servants or any of them, may within forty-eight hours after such escape if no warrant has been issued and within one month after such escape if a warrant in the form ill the

schedule to this Act

NORTH-WEST TERRITORIES ACT has been issued by the superintendent or warden of such asyl~m or place of confineinent in that behalf, retake such escaped person and return him thereto; and he shall remain in custody therein under the authority .by. virtue of which he was detained prior to such escape. li 10S. The MinIster of the Interior may, subject to the l\f~nitoba. .to . 1 f h G .

C '1 k h oorndernlllfied approva 0 t e overnor In ouncl, ma e suc arrange- for cate of ments with the Lieutenant Governor of Manitoba as seem luno.tic" from reasonable as to the compensation to be made by Canada to N.W.T. that Prodnce for the care and maintenance of persons detained in the Manitoba lunatic asylum or in such tem- porary asylum as aforesaid. . (Section 106 i.~ placed under headinff " The Lieutenant Goverrior." .. ROAD ALLOWANCES. 107.

All road allowances in townships now or hereafter Control of surveyed and subdivided in the Territories and all road ~1~~vo.l\ces. allowances set out on block lines now or hereafter surveyed in the Territories, the plans of survey whereof have been duly approved, shall be subject to the direction, manage- ment and control of the Lieutenant Governor in Council for the public use of the Territories, subject to any Ordi- nance made or to be made with respect thereto. 60-61 Vie., c. 28, s. 18. 10S ..

On the Minister of the Interior receiving notice Survey ",nd from the Lieutenant Governor in Council of any particular ~~~I~[~r~~~dB. thoroughfare or public travelled road or trail in the Terri- tories which existed as such prior to the subdivision of the land into sections and which it is desired to have transfer- red to the Territories, the Governor in Council may pass an order authorizing the survey of such road or. trail by a Dominion land surveyor, such survey to be made under instructions from the Lieutenant Governor in accordance with a manual of instructions regarding the manner of making such surveys approved by the Surveyor General of Dominion lands; and upon appro"al of the returns of such

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1902
Type	statute
Volume / chapter	1902
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	181a3d8e37d236176d88bd099d6ca4a021492523

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