ORDINANCES OF THE Yukon Territory PASSED BY THE YUKON COUNCIL IN THE YEAR 1904 FREDERICK TENNYSON CONGDON COMMISSIONER. DAWSON. THE' YUKON WORLD PRESS, 1'904.

ORDINANCES OF THE Yukon Territory PASSED BY' THE' YUKON COUNCIL IN THE YEAR 1904 FREDERI'CK TENNYSON CONGDON. . . COMMISSIONER. DAWSON. THE YUKON' WORLD PRESS, 1904.

TABLE .. OFCON'TENTS~ No. Pagc. I. An Onlilla.nce 101' Granting to the Commissioner Certa.in Sums 01 Money t.o dclray the Further I::xpenscs o[ the Public Ser" vicl<.o[ the Yukon' Terri tory [or ·1.he Twclve Months from' Ji.lllc :wLli,l!Joa, ,1:0 June. 30th, l!lO'I, and fo~ thePL!rposcs 'relat(ng t.her~t'o ........ : ............................................................ , ................... : 5 2. An Ordinance to Amend thc Ordinallce Rcspcding the Form and

Interpretation of Ordinances............. ...................... G An Ordinance· to Amelld. thc Qrdinance 01 Billiard and Pool Tables ..... : ... : ...... Respcc~illg the 'Lieensing 1. An Ordinance \{cspecting Public Printing ..... 7 8 11 :l. An Ordinance Respecting Witnesses a.ml Evidence n. An Ordinance Respecting ihe CollecLion of Debts ......................... 24 7. An Ordinance 1.0 Amcnd the Ordinance for the Prevention o[ Prairie and Forest Fires·· ............ :....... .. ............................. 211 H.

An Ordinall(:e to Amend t.he 'Ordinance Respecting Inl.oxicating Liquors .. ..................... .. ....................... 2!l H. ,\n Ordinance to Validate the Assessment and Tax Roll 01 the Unincorporated Town 01 llonanza ....................... .. . ............... 32 1(1. 'I\n Ordinance t.o Amend the Judicature Ordinance and Rules... 33 12. An ,6nii~ance 1.0 Amend' tile D'a~s6n Ci'ty Char'ter .~ ....... ' .. ' ..... ::.. .If) 1:-1. An Onlinance for the "Pr'o'i,ectlon 01 Sheep al;d Other Allimals from Dogs . ............... .......... ................. ................. 44 1,1.

An Ordinancl' lo Amend ttlC Ordinance Respecting Schools ......... '15 l:i. An Ordinance t.o Prodde 101' a Plebiscite Respecting the Dawson City Charter ..... :.......................... ....................................... 16 : ", . / 16. An Ordinance to Amend the Ordinance Rcspecting the Council 01 I.he Yukon Tcrritory ......... :.................... ............. .. ............. 50 17. An Ordinance to Provide 101' a Votcrs' Li;;t lor Elections to the Yukon Council ...................................... :...................... ................... 51 18.

An Ordinancc 101' Granting- to the Commissioner Certain Sums 01 l\1oney to delray the Further Expcnscs of thc Public Ser­ vicc 01 thc Yukon Tcrritory for (he -Twclvc Months from Junc 30th, I!lOa, t.o Junc 30th, 1!l04, and: 101' Purposes rcla(:ing t.hereto and lor Granting t.o .the CommissioneL: Certain Sums 01 Money (.0 Defray the Expens.es of the Public Service o[ the Yukon Terri tory [or the Twelve Mon tlls from June 30th, I !104 1.0 .June :lOl.h, l!lOfi, and [or Purposel< relating I.hereto 5!1

, I EXPENSES OF PUBLIC SERVICE. 5

CHAPTER 1. AN ORDINAI\1CE FOR GRANTING TO THE COM1\:IISSIONER CER­ TAl!\: SUMS OF. NlONEY TO DEFRAY THE FURTHER EX­ PENSES OF' THE PUBLIC SERVICE OF THE .YUKON TERRI­ TORY FOR THE TWELVE MONTHS FROM JUNE 30TH, 1903, TO .JUNE 30TH, I!104, AND FOR THE PURPOSES RELATING THERETO. (Assented to January 7, 1 !l04.)

Whereas, It appears by message from Frederick Tennyson Congc\on, Prel\mblc. Commi~sioner of the Yukon .Territory, and in the Supplementary Esti­ mates a:comr.any:ing t.he same, that the sums hereinafter mentioned in the Schp.rlule are requirerl to defray certain further expenses of the public ser­ \'ice of the Yukon Territory, and for other purj"o:es relating thereto 'for the twel\e nionths ending .June 30th, I!104. Tt is thrrefore herehy enacted by the Commissioner, by and wi th the ad'. ice and consent of the Council of t.he 'Yukon Territory, as follows: l.

From and out of the sums at the disposal of .the Yulion Council, there shall and may be paid anrl applied a further sum not exceeding in t·he whole one hundred anfl thirteen thousand, five hundred dollars for dc­ fraying the se':eral charges and expenses of. the public service, enrling .June ::loth, UJ04, as ~et forth in the

Schedule to this ordinance. 2. The clue appli: ation of all moneys expendcrl shall be duly account­ (d for. SCHEDULE. To Ordinance No. 1 of l!)O<l. For the construction, maintenance and rer-airs of public build­ ings in the Yukon Territory, under the management of the Yukon Co:mcil and to provide for any clerical assistance that may he rcquired for this purpose .......................................... $!l.~,520.00 To re-imburse l\1essrs. A. B. and Russ·ell H.

Palmer for expend- iture marIe for the construction of the GolrI Run roa·rI, in full of all demands against thc Dominion (io· .. ernlllent <1nc, the GO':ernmcnt of the Yukon Terri: ory ............................ ]!l,980.00 $11:i,:ion.no '1l~.500 I{rtlnlp.c1 ror lurtber ~XJocn9~~ 0' public S~f\'jc~.

Provi.ionA respecting COil \"Ic Liolls. fl

INTERPRETATION OF ORDINANCES.

CHAPTER 2. AN ORDIK ANCE TO AMEND

CHAPTER 1 OF THE CONSOLIDATED OHDI~ANCES OF THE YUKON TERRITORY. ENTITLI~D "AN ORDINA~CE RESPECTING TJ-m FORM AND INTERPRI;:TATION OF ORDINANCES." (,\ssent,ed to .Janl!ary ith. I~HH.) The Commissioner of the Yukon Territory. by and with thc arlyice anll cOOlsent of the Council of saill Territory. enacts as follows:

Section 1R of

Chapter 1 of thc Consolidated Ordinances of the Yukon Terrilory, ·Cntitlcd an Ordinance Res):ect.ing the Fon;] ani)' I ntcqJretation of Ordi !lances, is a mcnded hy alJ.cling thcrcto thc followIng subsection: 'IRa.

Whenc\·cr any ~on\·iction made unllcr the Or·dinanees of thc '{ukon Territory adjurlges a pecuniary penal ty or compensation to he paid, or an ordcr rcquires the paymcnt of a sum of money whethcr the Ordinance au­ I horizing such con·;i~tion or order Ilocs or do~s not pro\·i·c1e the morlc of raising or Ic\·ying thc pcnalty, compensation or sum of moncy. or of cn­ forcing t.he payment thcrcof, the justicc hy his conriction or ordcr, after ~djudging paymcnt, of such penalty, com):ensation or sum of money with or without cests, may of(lcr and adjudge mutatis mutandis as if the con­ \ ict'on werc I:nc!er Sc~tion Ri2 of l,he Criminal ('odc, IR!l2.

BILLIARD TABL8 LICENSES. 7

CHAPTER 3. AN ORDINANCE TO AMEND

CHAPTER 7!J (H<' THE CONSOLIDATED ORDINANCES OF THE YUKON TERRITORY, ENTITLED, "AN ORDINANCE RESPECTING TI-lE LICENSING OF BILLIARD AND OTHER TABLES." (As'.ent:d to August 21th, 19q4.) The Corilmi!;sioner of the Yukon Territor~', by and with the advice and consent of the Council of said Territory, enacts as follows:

Section 2 of said Ordinance is rerealed· and the following substi-

Sec. 2 repeal en tuted therefor: 2. To obtain a Iicel1se the applicant shall, if he applied on or be [ore the thirtieth day of june, pay to the oOicer issuing the same, according to the following scale: (a·) If the license he for a single billiarcl or pool t.ahle, Ten dol­ lars, and for every such additional tahle, Fi\'c Ilollars . . (

b) For every bagatelle, Mississippi, pigeon-h,olc or other table, or board with balls, Ten dollars. (

c) For erery bowling alley, twcnty-five dollars. SCl\le of fee •.

Short title. 8 PURLIC PRINTING.

CHAPTER 4. AN ORDINANCE RESPECTING PUBLIC PRINTING. (Assent.ed to August 24t,h, 1!10'1.) The Commissioner of the Yukon Territory, hy and with the ad\"iee ami consent of the Council of said Tcrritory, cnact.s as follows: 1. This Ordinance may be citerl. as "The Puhli~ Print,ing Ordinance." ~I~r· Prioter 2. Thc Commissioner of thc Yukon Tcrritory shall appoint a person ~~~:::11:8~0t>,ier to be known as the King's Printer to assist in t,he performancc oi the duties required hy thc Ordinancc.

He shall periorm umlcr I.he direction and supenision of the COlllmissioncr all such duties as from timc to timc are assigned to him by law or by order of thc Commissioner, allll shall be llaid such salary as thc Commissioner shall determine. ~\I~:'~~!rloter :I.

It shall he thc duty of thc King's Printer to hc caused to be printed ami published for thc Oovernmcnt of thc Yukon Tcrritory under his supcrintendcncc thc ofTicial gazctt.c of the Tcrritory, to he' known as "The Yukon l,az,ctte," thc Onlinanccs of thc Yukon Territory, thc Pro­ ceedings of the Yukon Council, and al1 such oHicial and rlcparl,lllcntal and uther reports, hooks, forms, documents, and other papers as arc required to hc printcd at, the expensc of the Terri tory. and shall Ilcrform all suc-h other duties as arc frolll timc to time assigne(1 to him by' the COIllmis­ sioner, and what.e\·er is printcd under his superintendence b)' authorit,y of I,his Ordinance shall hc held to he printerl by the Kin!!;'s Print.er. ~~~Det~u.fd~~ Le ,I.

Thc printing, billllin~ and other like work to he don~ ullller the contract. superintenrlenre of the King's Printer shal1 he done and furnished under contracts entered int,o under thc authority' of the COlllmissioner in such form and for such time as thc COlllmissioner appoints anrl deems acl\'is­ ahle. Commissioner to direct atyle 01 prllltlog, Dlatrlbullon olordlndOCeB. 5. The Ordinanccs and Procecdings of the 'Yukon Council shall he printc(1 allll puhlishell in such form anll style as t.he COlllmissioner llirects. (i.

The King's Printer shall immcrliately after the close of cach ses­ sion of the Yukon Council, or so soon aftcr as is prattk'able, de\ircr or transmit by post or otherwise in the must economical mode the prol:er numher oi print.crl copies of t.he OrrlinalH:es of t,he Coun('il to such persons as may he designaicd by the Commissioner.

RUGLIC PIUNTING. 7 'rl K' , P' till' I bl' I tb' t I Th£ Yukon '. le mg s fin er, s la pnnt, am pu IS I or caus~ 0 e prm er GU,ene.' and publisherl fur the GOI'ernment under his superintendcnce the official gazettc of the.,Tcrritory, which, shall be kno,wn as "The \'ukon Ga7.ctte." 8.

ProtraJllations, oflicial' and' other not.iccs, anll ajl such mattcr '~~~~~~e~8 01 whatsoever as the Commissioner requires to"be publishcd, shall be·'pub- Iished'- in The 'Yukon Gazette; arid all advertisenients, : notkes or publi- , . ca:tions which by any 'ordinance or law' in force in'· the Ter.ritory 'arc re- quired to be published by the Territorial GOI'ernmcnt 'or any department thereof, or by the Sheriff or other oflicer, or by any officer or person whofusoel'er, shall be published in su'ch Yukon ·Gazett.e, unless'some other mode of publishing the sa'i-\I~ i~ direct'Cd by law. n.

The COIJ111lissioner may from til!le to time p:re,scrih~. the form, modc a~'d condit.ions of the, pUi),lieation of The Yukon Gazette and desig­ nate ,the. puhlic. bodies, oIHcers ancl pcr~uns to whom i t ~hall he scnt with­ out charge, anrl rcgulate the publicai;ion. of 'not.ices, ad;'er~ise~lents ancl documents for Fersons othe~ than the Government; and all sums' payable for. subscript.iuns ,and charges shall be /laid in adl'ance, to the King'S Printer. "\ r'l, ,:"'{\ Form 01 Gazette, elll. 10. The King's Printer shall make !!uarterly returns under oath of all. ~:~~~: ..

Y muneys received by him for subscriptions to The Yukon Gazette and for advertising therein, and shall pay ol'er all sums so rcceil'cd 'to the Comp- t,roller of the Tcrritory, and such said' s:.tms shall form part of Ule Loeal ReI enue Fund of the terri tory. 11. The King's Printer shall assist the Commissiuner in preparing ad- ~t~:~r8n:~t~r I'ertisements, specifications and contracts in connection with public print- ~~;l~~~~:~~~\~r ing, examine all work done umler any cOlltract, allll rel!uire eontractors to carry out fully the terms and provisiolls of the same.

(2) He shall check and audit all accounts for arlvertising renrlercd to 'fo BlIellt B.CCOUlll!. t,he Commissioner or ,any depart.ment or officer thereof. 12. No money for print.ing, binding or ot'Jer such work shall be paid TocerUly 10 accounts. out of the Local Revenue Fund without a certificate irom the King's Print.er that the work has been properly done, and that the person who did the same is laWfully entitled to receive the amount cl'rtir.ed t.o.

(2) If the King's Printer signs any false or fraudulent certificate un- rr~~I~\~re'::{ der this section, he shall, in addition to any other penalty to which he cerUftcate. is liable, forfeit and pay a sum equal to the amuunt so falsely or frallllu- lently certified.

Recor(i'ol work 10 be kept. Annual", ' estlma,e to ,be prepared. r.ommlssloner '0 make rules for King's I'rlnter. 10 PUBLIC PRINTING. 13. The King's Printcrshall kccp an accurate record o( all transac­ tions'o( his officc, and (urnish a report o( the sa:me annually to the Com­ missioner, by whom the samr. shall bo submitted to thc council. H.

The King's Printcr ,shall prepare annually an estimate o( the sums Which will probably be rcquircd to provide (or all public printing during thc ,Ii.nancial y~ar, which estimil.~ shall he submittcd to the Com­ missioner ,(or, his approval, and shall bc laid bc!ore l!he Yulwn Council with the ot-her cst.ima:tcs (or thc ,ycar. 15 .. Thc COIllmissioncr' may makc all such ,rul~s and regulations nol. inconsistent with this ordinancp as are decmcd advisablc (or thc Ilirec­ tion o( thc King's Printer. ElIpense~- ' 'Ill. 'Thc exper.s'cs to be incurrcd under thc (oregoing provisions o( this how ,·rovlded. Ch-.,. 11> Con.

Or<l. repetlled. ordiriancc'shall bc pairl out o( sud! moneys as arc appropriatell (or thc purposc' bv the CommIssioner in co~ncil, and 'accountcd (or in likc manncr , " as olher moneys expcndcII (or thc public scrvice. "11.

Chapter 16' o( thc Consolidated Ordinanccs entitlcd "An Ortlin­ an::c Estahlb;hing ',\ Yukon Ollicial (:ai'.ctl;c'" is hcrcll~' rcpcalcd.

WIT2':ESSES AND EVIDENCE. 11

CHAPTER 5. AN ORDINANCE RESPECTING WITNESSES AND EVIDENCE. (As~ent~d to August 24th, 1904-.) The Coinmissioner of t.he Yukon Territory by and v .. ith th~ advice and consent of'tlie Council of said Territory enacts .as follqws : 1. This Ordinance may be cited as "The Evidence Ordinan-::e." 2. In th·is Ordinance unless the' context ·otherwise requires, (

a) The expression "witnesses" includes parties to an action when entitled. or compellable to be examined ; (

b) T'he' expression "Commissi~ner" includes a commissioner appointed 'for' taking affidavits, ",and also a comnlissioner and. any 'other person sp'ecially autho'r:l.ed under this Ordinance or "The Judicature Ordinance" or the ·rules .of the Territorial Court to . take· examinat.ions, deposi·tions .. alTirmations or answers; (

c) The expression ."Court" includes ariy person having by law or, consent of parties authority to receive evidence. 3.. Evidence of any s.tatute, of ,the, Imperial Parliament, of the Parlia­ ment of ,Canada, or of any province, COlony or territory forming part of Canada or of any. ordinances of' this territory or of anr t.erritory of Can­ ada, may be p;iven in any court by "he reproduction of a copy of such \ . statute 'or ordinance purporting to be printed and published by the King's Printer or the' Government Printer for Great Britain or Canada, or for such province, colony or territory. PUB·LICDOCU~ENTS. 4.

I Impenal proclamations, orders in coun~i1, treaties, 'orders, . war­ rants, licenses, certificates, rules, regulations, 'or other Imperial official records, a:ts, or documents, may be rrO',ed: (

a) In the same manner as the same ',are from time to time ,provable in any Court in England; or, (

b) By the production of a copy of I,he Canada Gazette, or a volume of the Acts of the Parlia:nent of: Canada purporting tb contain a copy of the same, or a notice t.hereof; or Tillc. Interpretallon '·Wltnesses." "Commission' er." "Court." Evidence 0/ "nv H,llIsb or ColonIal slat· IIle Ilv .. n by prod urtlon 0/ ('opy prlllLell by King'. PrlDter. Imperial Jlrof'18mB~ I loos. orders lri'councll, ' etc., proved In !lame manner 'AalD courts In England. Ry production o/CaDada Gazette or volume 0/ Acts 0/ C"nada

12. WITNr::SSF:S Al,\D EVIDENCE. By prodllctlon CC) Hy lhe production of a copy thereof, purporting to be oleopy printed by printed by thc King's Printer for Canada or for the Yukon Terri-King's Pr:nler Evidence or BOY proclamation, order, etc., made by Governor Geoerlll may be given. By prodllction or CIlII.vill (i"aetLe or volume oJ Act, By prodnctloo or Il COI'Y printed by King'. Prinler By production or a copy ,·crlilled by cLerkoi King's I'rlvy Council. Evidence or BOY proclamation, order, etc., mlldeo by Ii Lieutenant Governor may ,be given: By production 01 copy printed by Klng',l'rioter tory. 5.

EYi·dcnce of any proclamation, order, regulation, or appointment madc or issued by the Govcrnor Gcneral or by t.he (; o\·ernor nencral in Count:il, or hy or under the authori ty of any minister ur head of any dcrartment of t.he Governmcnt of Canada, may he givcn in any Court o[ justice in the Yul,on Territory a~d in all or any .Ieg'll proceedings o[ any kinrl in the Yukon Territory, in allY onc of the JIl(,dcs hercinafter mcnl.ionecl, that is 10 say (a) 13y Iohe production of a copy of thc Canada Gazct.te or of a \·olumc of the ,\cts of Parliamcnt of Canada, purporting to contain a copy of such pro:;lamat.ion, ordcr, regula t.ion ur apl:oint­ IIlcnt, or a notiee· thercof ; (Il) By thc production, in casc of any proclamation, orrlcr. regulation or appointmcnt, uf a copy t herroi purporl ing to be printed by. the King's Print.cr o[ Canarla; or (

c) By the production in case of any pruclamation, order, reg­ u la tion or appoin tmen 10, made or issued b~' th(' (,0 I"crnor· General or by I.he Go\·crnor Gencral in Council, of a copy 0. ex\;ract pur­ porting tu be a true copy thereof by the clerk or assistallt, o~ act­ ing clerk o[ t.he King's Privy Council for Canada; and in the case of any order, regulation or appoint.lilcnt matlc or issued hy or under the authority of any ministcr or head of a (Iepart.mcnt by thc production of a cupy thereof, or extract thercfr!?m, purporting to be certified as truc by such minisl.rr or by his deputy or acting d(\puty, or hy the ~ecrctary, or actillg s('cretary of the depart­ ment over which he presides. r..

Ed(lence of any proclamation, ord(\r, rcgulation or appointment made or issurd by the Lieutenant Governor or Licutenant Goycrnor in Council of any of the provinces or tcrritories of Canad·a, or by or under the authority of any member of the executh·e council, being the head of any flepartmcnt of the Governmcnt of such pro\·ince or t,crritory or by the Commissioner of the )"u~:on Terl itory, may he gi\·en in any Court of justice in the Yulwn Tcrritory and in all o.r any legal proceedings of any kind in the Yukon Territ.ory, in any onc oi the nwc/cs hereinafter men­ tioncd, that is to say: (

a) By thc production of a (OPY of such proclamation, ·ordcr, regUlation or appointmcnt, pUrjlorting to be printed by the King's

WITNESSES AND EVIDENCE. Printer of thc Yukon Territory, or by the OOI'ernment Printer for the province or territory; (

b) Or the production of a cO;JY of the Offi::ial Gazette ior the province or territory, pU[JlOrting to contain a copy of such pro­ clamation, order, regulation or appoint;mcnt or a notice thcrcof; (

c) By thc production of a copy or extract of such proclama­ tion, order, regulation or appointment, certitied to he a true copy by the clerk or assistan t clerk or atting c1erli of I·he cxc2uti I'e council or by the head of any departmcnt of an~' suc-h provim:ial or terri torial I!;ol'ernment or by his rleputy or acting deput~' as the case may be. 13 . 7. Any ortier in writing signed by the Se~retary 01· State of Canada, and purr-orting to he wriLten by comma:nrl of the Governor Gcneral, shall be received in el'idenee as the order 01 Lhe GO','ernor General. lj.

Any order in writing signed by the Tcrritorial Sccretary of the Yukon Territory and purporting to be written by command of the Com­ missioner of the Yukon Tcrritory shall bc receiverl in cvidence 'as the order of the Commissioner. :1 J'.fJ~1~{tlon Gazette. By production of copy certified by clerk of executive council. Any order signed by Secretary 01 Srllle received In evidence. Anyorder signed by the 1'errlloriRl· Secr('tary received In evld .. nce. . Proclamations !J.

Proclamations, treaties and other acts oi state of any foreign "tc., 01 lorel!!"" state, or 01 any British colony lIlay be proved by the production 01 a bT;:oldr~~~~~n copy purporting to be sealedwitli the seal of thc forrign state or Brit- 0 copy sealed. ish colony to which the original" doculllcnt belongs. OFFICIAL DOCIIMENTS. 10'. All copies of olIicial' and other notices, ach'ertisemcnts and docu­ mcnts printed in the Canada Gazette or in the Yukon ·Gazette shall be prima facie edclence of thc original and of the contents thereof. Production 01 Gazette containing notices. etc., prima lacle evidence. U.

In every case in which the original record could bc received evi1ienee, (

a) A copy of any grant, map, plan, report, letter, or official or public: document. belonging to or deposited in any department of the Government of Canada, of this terri tory, . or of any prov­ ince or territory of Canada; purporting to be certificd untier the hand of any officer or person in whose custod~' such grant, map, plan, report, letter, or official or public document is IJlacerl, and (

b) A ('opy of a documcnt by law, rule, regulation or proceed­ ing or of any entry in any register or other hook of any municipal or other corporation created by' chart.er or statute of Canada or of this territory, or of any province or territory of Canada, pur- in When original record can be received in evidence. ~opy "erti fled to by oMcer sball be received.

CerU H~l\le grlluted by J're8sury Bo.ra under Sec. H. Ch. 31 H. c. 53 Vie., to be recel ved as evidence. Copy 01 en try In any de(l~·tmental book Ilf"Ve<l by ol\th of om, rer to be rec~lved In e\'ldcnce. Content. 01 book., etc .• of Ilubllc nalllre mllf be proved uy cerllflclLte of omcer. Copy of Court document., etc" cert! Hed by officer rel'etved In evidence.

Copy of judgment", certified by officer, Hufllclent proof thereof. 14 WITNE:SSES AND EVIDENCE. porting to be certified under the seal of the coq:oratloll and the hand uf the presiding officer, cler I< , or secret:uy th'ercof, shall be received in ~vhlence in any (~ourt without proof of the seal of the corroration or of the signature, or of tre ollicial character of the person or rersons aprearing to' ha\'e signed the same, and without further proof ther€Or. 12. Every certificate granted by the Treasury Board uilller the four­ teenth

section of

Chapter ~hirty-one of the Acts of Canada ior the fifty­ third year of Her Majest}"s reign, lli!lO, entitlerl, .. A n Act Respel:ting Ban~s and Banking," shall, on proof of the signature suhscrihed thereto, be received as e\'idence of the content.s of such cert·ilil'ate. and t·hat the same was granted by such Treasury Hoard. I:~.

A copy of any entry in any book kept in any llepartlllent of the Government of Canada, or of this territory, shall be ret:eived as evidence in any Court of such entry, and of the matters, transactions, and accounts therein recordell, if it is pro\'ed by the oath or affida\' it of an olTtcer of such department that such book was, at the time of thc making of the ent,ry, 'one of the ordinary books kept in such department, that the entry was ll1a:dc in the usual and ordinary course of business of sllch depart­ lIlent·, and that sueh copy is a true copy thereof. 11.

Where a book or other document is of so puhlIc a nature as to be admissible in evidence on its mere production [rom the proper custody, and no other statute exists which renders its contcnLs provable by means of a copy, a copy. thereof. or extract there[rom shall be recei\'ed in evi­ dence in any Court, pro\'idcll it is proved that it is a copy or extract purporting to he certified to be true h~' the olTtccr to whosc custody the original has been entrusted. DOCUMENTS IN COURTS. 15. (

l) A copy of any document, writing, or pro.eelling, filed in any Court in this territory, shall be received as e\'i<ience to the same extent as the original, if it is certified undrr the seal of the COllrt, or by the proper ollieer under h is hand.

(2) A cop}' of any order for judgment: or of the entry of the judgment in t,he docket of judgments, certified under the hanll of the !Iroper olTtcer, !ihall be sulTtcient proof of the judgment in any Court without the prodllc­ tion of any record or other proceclling in tll(' att.ion.

WITNESSES AND EVIDENCE 15 16. Evidence ut any proceeding or record whatsoe\'cr of, in, or before any Court in the UniLed Kingdom, or Lhe Supreme or Exchequer Courts of Canada, or any Court, or before any justice of the peace, or any coro­ ner, in any province or territ1)ry of Canada, or any Court in any British lOIOIlY or possession, or any CourL of record of the Unit.ed States of America, or of any state of the United.

Statcs of' Amenca, or of any other foreign country, may be gi"en in. any action or proceeding by a certified co!>y thereof, purporting to be under t~e ~eal of such Court, or under the hand or seal of such justice or coroner, as the case may be. without any proof of the authenticity of such sea.

I , or of the signature of such justice or coroner, or other' proof whate,'cr ; and if any such Court, justice, or coroner has no seal, or so tertities. then by a copy purporting to be certified under the signature of a judge or Ilresilling magistrate of ~uch Court, or of'such justice or coroner, without any proof of the authen­ tieity of such signature, or other proof whatsoever. ~HIPS' TITLES. 17.

(1) Every register of, or declaration made in respect t.o, any Bri t.ish ship, in pursuance of any of thc Acts retatmg to the registry of British ships, may be proved in any Court, either by the- !Jroduction or the original, or by a copy thereof, purporting to be certi"fied under the hand of the person having the custody of the original.

(2) Every register, or copy of register, and every certificate of regis­ try granted under any of the Acts relating to the registry of British vessels, and purporting to be signed as 'required by law, shall be received in evidence in any Court as presumptive proof of all the matters contained or recited in such register, when the register, or" such .copy thereof as aforesaid, is produced, .and of all the matters contained or recitell in, or indorsell upon, such certificate of registry when such certificate is pro­ duted. DOClJMF.NTS ADMISSIBLE IN EKGLAND. 18.

Every document which is admissible in evidence" of any particular in any Court of justice in England, or Ireland, without proof Of. the sea"l, or stamp, or signature, authenticating the same, "or of the judicial or official character of the person appearing to: have signed. the same, shall be receivell in evidence' to the same extent, and for the same purposes, in any Court without proof of the seal, or stamp, or signature authenti­ rating the same, or of the judicial or official character of the person :1.p­ pearing t.o hayc signcct the same.

E\'iden~e of proceeding In "DV ("OIJrI may be g ven by pmt1uclion of ~ertl Hed copy thereof. Regl.trolion" of 1\ ship proved by copy cerlitled to by CUMlodlan of origlDsl. Rej;lI.le. or copy Bnd cerli flcBte of rel!"lstry g.anled Bnd signed as required, .hAII be recel ved In evidence R" pr".umpliva proof thereof. Doc'lment. rerelved In courts 01 Enl:land and IrclaDd wltbout proof of slgDature, etc .• to be . received In lame mRoner In any Court.

Plans 01 , lOWllblips or of p"rtilion uf IKnd moy be proved by p,oductl"n 01 CODY certi fled I>y \..,rowo Ti III ber "nd LlLod Agent. Cory "ert! tied b)' Itcgl si rH r 01 Keglstrotion Ili.llkt, l'l"ns on tile in reKI· tn' olftce r.erlifte·d to by 1.0,,<1 AKent, .. sslotHnL (;old Corn m 1~8ioner or lllrecto'r 01 !o;un'e~'" ... presfllnpti<e Hict~llce, Pions accepled without prool 01 repurt In respe"t thereo!. A ny document In re8pef~t' to towDstle"Or· lalld 'Proved by j·oPY cert! fte<l to by c:uOrOlbdttlu thereof.

Five days nolice to be giyen, n .. pltc'"le' orhil"I\1 flopoel tefl,ln Crown Timber oHlc(" certl "ed by "gent to be recelv.,1 In e\'id ellce. WITNI;:SSES AND EVIDENCE:, TOWNSITES AND (iRANTS, In,

(1) The plan of any townsitc, or thc "Ian of partition, allotmcnt; or location of an)' Crown grant of land in I.his tcrritory, lIlay bc prol'C(! in any Court ,by thc production, (

a) or a copy o[ any such plan, certificd by l.he Crown Timber amI Land Agent io hc a copy of t.he original plan, or or thc du­ plieat.c orig'inal plan, or ihc ccrtified ("oPY oi t.he plan 011 file in his departlllent; or (

b) Of a copy of any such pia n en (j,lc in Lhe Land 'I'i 1.lcs' Oflicc for an~' oj I.hc Yukon I.anll Regisl.rat.ion Districts in which slIch lownsit.c or land grantcd is, ;n wliolc or in part., s·iiual.cd, pro­ vided such ('opy is ccrt.ified hy t.he HegisLrar of any of such Land Hcgistrat.inn Disl,ril ts to be a irue cop~' of Lhc original plan (or o[ sueh dU]llieate ,or ('crtifiCII cop}') on file in his dc!'artmcnt: (2) 1;;I'ery such plan on file in such rt'~isLry nllice which bears the cer­ tificate of the Crown Timher and Lan,1 Agent or of t,he ,\ssist.ant Oold C'ommiss'ioncr or of thc Dire~tor of SU[l eys or of any forlllcr Crown Timhcr and Land Agent., Assis,tant, (; old COlllmissioncr or Dircct.or of Sur­ I eys, to thc cITcet t,hat such plan is an original plan rct.urnl'd lo thc said rC!''1:eclilc oflice:" shall bc prrsumpl,il'c cI'idcncc thaL t.he samc is t.hc orig­ inal plan so returned, (~) EI'cry such plan or CO!IY shall hc re::ci\'Cd in cvillcncc wit.hout prooi of I,hc rcport or othcr procccdings t:l,kcn in rcspc(;t t.o I.hc parti­ tion, local.ion or alloiment of such 10wnsite or grant. (<

I) The' report. allotment. or othcr doculllcnt in respcct. t.o any town­ silc, or in rcspect to thc partition, allot.mcnl" or location of any grant 01 land, llIay bc prol'ct! in any Courl. hI' the production of a c,opy, ccrti­ fied by the proper ofliccr hal'ing custody of thc same, to bc a truc copy of t·he original dO(;ulllcnt. on tile in his depart.mellt,

(5) If iherc is comprised in any such plan or doculllent morc than one lot of thc original lot.s, it shall he sullicicnt to pro(lucc in cl'idcncc all extract, rcprc:,'cn(.ing or hal'ing rcfcrcnce 1.0 thc lot in qucstion, ccrtified 1.0 he a truc cxtract, prol'ided that thc party int.ending t.o producc thc same has, fil"c(lays bcforc the trial. gil'cn to the party against. whom it is intendc(1 t.o hc produccd notice of such intention, 20,

(1) A copy of any duplicatc original of a grant or r.atent from thc Crown deposited in the Crown Timber and Land Officc, or in thc Land TitlES' Olliec, ccrtific(1 by Ihc agcnt or Rcgistrar at said o llic'c , shall bc rc(;ci\'(~d in cI'illcllCC in anI' Courl. io Ihc samc cxlcnt as I.he original grant or patcnt,

WITNESSES A!\D EVIDENCE. 17

(2) If any such duplicate original contains a reference to any plan, and there is on file in such office a plan corresponding to the descr.iption in, or meeting the requirements of, the said duplicate original, such plan shall be deemed to be the plan referred t,o in such duplicate original, not­ withstanding thc same is not anncxed to such duplicate original. DEEDS, WILLS, AND Orrl-IEH DOCUMENTS. 21.

A copy oC any deed, or any document on lile in ·thc Land Titles' Office certified 'under' the hand of the H('gistrar or IlrO\'c(1 to he .a true copy taken thereCrom· shall 'be taken in evidence in place oC the original. PIBn filed IQ _uld olflc~s Bnd referred to III duplicate original deemed 10 be pl~n relerred to. Cop>- 01 dpe<1s, eIC., In L .. nd TltlesOlflce certlOed by Registrar sl'cepled In evldence_ 22. (

l) The probate of a will, or a copy thereof, certir:ed unrler the Copy nl prolJ8'~ 01 will hand of the clerk of the Territor"ial Court, or pro\"(~d to be a ·true copy oC certified by' Terrltoriftl the original will, when such will shall ha\"e be~n prohaled, shall he re- f~e:\~I~~~~~~ed ceived 'as evidence of the original will; but· the Court may, uJlon due ('ause shown upon affidavit, order the original will to be produced in e\'i- denct', or may direct such other proof of tire original will as under t.he circumstances' appears necessary or reasonable for testing the authentic- ity of the. alleged original will and its unaltered condition, and the cor- rectness 'oC the prepared copy.

(2) This section-shall apply to wills and t.he probate anti copies of wills proved elsewhere t.han in this territory, provided that the original wills have been deposited, a'nd the 'prohate and copies grant',ed in Courts having jurisdiction over the proof of wills and adrninist.rat·io·n of iiites­ tale est-ates, or the custody of wills. SeNfon ShAll. BPPIY to wills, elc.; pro\'ed outside tbe torrltory, 23. A party int.ending to al"aiJ himself oC t.he next two preceding sec- ~~~r,,~~~sbe tions shall giye notice, in writing, of 'such intention to t.he opposite party given. at least five clays before the' trial, with a

schedule of the deeds,' docu,- ments or wills so intendell to be given in evidence, and the 'books where- in the same are registeren ; but the judge ma~' dispense with' such not.ice if he is satisfied t.hat no injustice has been done by the want thereof. 24.

E\'cry bill of sale or other document filed in the office of the Gold Commissioner, may te rroved in any COII\ t by the prorlut:iion of a copy thereof certified under the hand of the Gold Commissioner or Assistant Gold Commiss'ioner. 25. 'rhe regist.ration of any' deed, or other document registered in 1.he· Land Titles O-lIice, may be proved in an\" Court. by the production of the certificate of registry signecl hy the Registrar, indorsed on 511(:h rleerl or rlocument, or uJlon an" certified copy of suth deed or document.

Rill nr 981e, ete , in Gold Commission­ er's olfice proved by copy certlfled by Gold Com­ missioner. Regl_trBtlon 01 any deed, AIC , In LBl\d Titles Office, etc., proved by certi ficale 01 ::N~~':e"l on deed.

Registration of auy deed, etc" In G. C.'s office proved by .. ertl ncate of G. C endorsed on deed. A ny document executed out· side Terrl tory received In evidence iI accompHnled by cer' I flrate required by "Knd Tll.Ies Omce. Production of protest by ~~~~fr :r UbliC exchange.etc., prlmft facie el'idence. Any note, etc., made by notary pri",. facie evideD!!e of non'licl'ept­ ance, etc , of bill of cxcbllnge, etc. Five dft)·s' notice. No proof of handwriting or offlclol po~ltlon of person certllying to ftllY proclftmfttton, elc., required. 18 WITNESSES Ai\'D EVIDENCE. 2!l.

The registration of any bill oi sale or other document registered in the Gold Commissioner's OOice, may he pro\'cd in anr Court. by the production of the certificate of registry signed by t.he Gold Commissioner . or any person authorized to s'i!!;n on his hehalf, indorsed on such hill of sale or document., or upon any certi fled copy of such hi H of sale or docu­ l\lent. 27.

A deed, hill of sale or other document e::.:c;:uted out of the terri­ turr, as well in foreign countries as in British dominions, shall he rc­ . ceil'ed in evidence. in any Court, if such deed, bill of sale or other docu­ ment, is accompanier! bl' sl'ch certilicate of execution as Is re(luired to obtain registration thereof in t,he Land Titles' Ollice within t.he Territory. 28.

Thc production in any Court, of any protcst, wherever made', un­ der thc hand or seal of onc or more Notaries Puhlic, of a hill of ex;:hangc or prolllissory note, shall he prima facie el'idence of the making of such prot,est, and of the statements therein cont,ained. 2!l.

Any note, memorandum, or certificatc at any ti lIle madc hy a notary, or firlll of notaries, in Canalla, in the handwriting of sl:ch not­ ary, or a member of such lirm, signcd by such·notary or firm at t;he foot of or emiJodied in any protest, or in a regular regist.er of 'official acts kept hy sueh notary or firm, shall he prima facie evi'dence in the Yukon Territory of the fact of notice of non·ac:e~tance or non-payment of a hill of exchange or promissory not.c ha\'ing been sent or deli\'ered at the t.illle, and in the manner st.ated in such note, certiliLate or memorandulll. :10.

In any action or ot.her proceeding where a party int.ends t,o prove a telegra,llhic message, he may give notice to the opposite party, at least five days before thc trial or other proceedillg, that he intends, at such trial or procccding, to gi\'e in evidence as proof of t.he contents of the original telcr,raphic message t.he message received by him frolll the tele­ graph olnee, and slIch message, so receh'cd, shall he received as s'tlch proof in any COllrt, lHOl'ided I,he party so receiving the san:e ~rol'es that it was rereil'cd at, t.he t,elegraph oITice of the place to whirh it, purports t.o hl! n [I cl resserl.

MODE OF PROVING. :1I. No proof shall he required of t,he handwriting or olTicial position of any person certifying, in pursuance of· this ordinance, to t.hc truth of any ('nllY of· or extract from any proclamation, order, rCl!;ulHtion, appointment, hook, grant, map. plan, will, deed or ot,her documcnt· ; and any SUI h copy or ext,ract lIla~' he in print or in writing, or partly in!1rint and partly in writing.

WITNESSES AND EVIDENCE. 19 32. It shall not be necessary to prove by the attesting witness, any instrument to 'the validity of which attest.ation is not requi);ite; and such instrument may be proved by admission or ot,herwise, as H there had been no attesting witness thereto. 33. Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall he permitted to be made by witnesses, and such writing, and the evidence of witnesses respecting the same, llIay be submitted to the Court and jury as evi(lence of the genuineness or otherwise of the wril;ing in dispute.

COMPETENCY OF WITNESSES. 34. No person shall be an ineomlletent witness by reason of incapae­ ·i ty from crime or from interest. 35.

On the. trial of any action, matter, or proceeding in any Court, .the parties thereto, and the rersQns in whose behalf any such action, matter, .or proceeding is brought, or instituted, or opposed, or' defended, and the husbands anc! wi\'es of such parties and persons, shall, except as hereinafter excerted, he competent and ,eompellable to give evidence, ac- cording to the practice of the Court, on behalf of either or any of the Not necessary 10 prove by auestlDI witness an lu.trumeDt where alleSla­ tion Is not necessary.

Comparison of disputed writing wltb leDnlne permitted. ~o per80n tOf"umpelenl wltnf'sA _ th rnulfb ('rime or IlIlerest.

I'artle. 10 Rn a"llon Rnd their wives or busballds Mre compelent and compellllble witnesses. ·parties to the action, matter or proceeding: Provided, that in an}' ac- Corroboratiou requlre,1 III tion, or proceeding in any Court, by or against the heirs,' executors', ad- ~:~~M~~~~e~f lIIinistrators, or assigns oi a decE-ased person, an opposite or interested deceased persoDs. party. to the action shall not obtain a verdict, judgment, award, or de-' cision therein on his own testimony, or that of his wife. or both bf them, in respect to any dealing. transaction, or agreement with the deceased, or in respect to any act, statement, acknowledgeinent, or admission of the deceasNl, unless such testimony is corroborated by other material e\'i- dence. 36.

Nothing in the next preceding

section shall apply to any act.ion, !.':I?~~~,I~~t 10 suit, or proceeding in any Court instituted by the husl:and or wife in :~ft~~tr_l consequence of adultery. ~f'~~~,~:~)~.e 37. (

l) Nothing in this Ordinan~e contained shall renller any person c?mpellahle to answer any question tending to suhject him to criminal prol'eedings, 'or to prosecution' for any. penalty. <,2) Nothing in this Ordinance eonlained Ehall render any person who, in anv criminal proceeding, is charged with the commission of any of­ fence under tte Ordinances of the Territory, or the wife or hus,hand of the person so chargerl, compellable to give evidence against the person so charge(l. \\·ltnp.9. nnt oblhlCd to answer self· tl)(~riminllttng q neSt1011il, etc. No per.OD chMrlled with offen~e. 01 bu.bllnd or WIfe a compeliable wilne"s.

Hnsband ana wife Dot pompell~d to disclose com· IIlUUJcKlIOllf!l lJetwe~D one another during IDllrritlge. Wltne •• es not obllgea \0 aLIena coun If fee. are Dot paia. Pllrly nol, lI110wert to Impe"('h erfrtibllilJ 01 tllsown 'fdlnes~. 11 w i tnesp OD cro~8·examln­ ation denies hovlnl1lmlldea certain ~t.lII.tement, pronf mlly be gi ven thllt be Ilid make it. Witness may, be cross·exam­ Ined HS to previous .talement III ' writing; but 11 it Is intended to contrftd let witness, the writing must be flrst shown him.

Witnen may be questioned Il. to whether be ha. been convlcled of Ilny crime. 20 WITNESSES AND EVIDENCE. 38. No husbanrl shall be cOlllpellable to disclose any communication made to him by his wifc rluring; thc marriagc; and no wife shall ~c 10111- pellable to disclose a,ny cOllimunicaLion malic to her by hcr husband dur­ ing t.he marriagc. ATTENDANCE OF WITNESSES. .'19. No pcrson shall hc oblip;cd to aLtcllc! or gi\c evidcm:e ill any ac­ tion, hefore all)' Court., unlcss he i~ Lendercd his Icgal rc~~s for sUlh at­ t,cnllancc and nccessary t.ra\'cl.

EXf\!\IINATIO\, OF WITNESSI::S. ,111. 1\ party producing a witncss shall not bc allowed to impeach his crcdit. by j2:cnrral c\'irlcnle of ball character; but hc may, in ca~e the \~it.ness, ill Lilt opinion of t.he judge, pro\'es a(h'erse, contmdicL him by III.hcr evirlcnt'c. or, hy Icave of lhc judgc, pro\'c that he has malic at o\,h('r t,imes a stat.cment, m:'onsistent. wi\h his present teslimony; but. before such last mentioned proof can be g,i\'en thc circumstan:es of the supposed stat.ement, sulJicient to designaLc thc part.iL:ular occasion, shall hc IlIcntioned to the wit,ncss. and he shall hl~ ,tsl:ell whelhcr or nllt. he malic such stakmcnt" 11.

If a wi tness, upon cross-examinal,ion as to a fomler statcmcnt lIlade _by bim rclnt,h'c (.0 t.he suhjecL-matLer of a causc, and inconsist.ent; with his present. testimony, Ilocs noL distinctly admit t.haL he made such slat.emcnt., proof l1Iay bc given that he did in fact maliC it; hut before such proof can hc gi\'cn t.he circumstances of ,thc supposcd statemcnt., sulJicieni to dcsignate t,hl' particular occasion, shall bc mentioncd to I.he wil,ness, :1.nd he shall he asked whether or not he'made such statement,', 12, A witness may be eross-examinerl as to prcvious statements made by him in writing, or reduced into writing, relati\'e 1.0 thc subjcl:t matter of the cause, without sl~ch writing bcing shown to him, hut if it is in­ Lendcd 1,0 contrallicl such witness by the writing, his attcntion shall, bc­ fore such contradictory proof can bc giHn, bc called \.0 those parts of the writing which are to bc used for the purposc of so contradicting him Provider! always that it shall be competent for the judge, aI, any timc during thc trial, 10 rcquire the production of the writing for his inspec­ tion ; and he ilia), thereuron make sueh use oi il. for the purposes of t,he trial as he thinks fit, 43" A witness in any causc may bc questioned as to whether he has beell convicted of any crime; anll upon being so questioned, if he either denies the falt. or rcfuses' I,ll answcr, the opposite party may prove such con\'iction; ;tnd a cert.ifica(.e, l'ont.aining the subsl,ancc and eITe:t only

WITNESSES AND EVIDENCE. 21 (omitting the formal part) of the indictmcnt and conviction for the of­ fence, purporl.ing to be signed by the Clerk oi the Court or oiher officer ha\'ing custody of the records of the Court i.n which thc lWitness was Con­ victed, or by the deputy of such clerk or officer shall, upon proof of ihe identity of t.he person, be sulllcicnt e.'idence of the conviction, without proof of the signature or official character of the person appearing to ha\'e signerl thc same. ADMINISTERING OATHS AJI;D AFFIRMATJONS. 44.

(1) E\'ery person, upon obje(;ting to being sworn and stating, as If wltDCSR objects to the grounrl of such objections, eit,her that he has no religious belief, or ~~~D:trl~~~ he that the t;aking of an oath is contrary t·o his religious belief, shall be per- mitted to nluke his solemn alflrmation inslea,r1 of t.aking an oath, in all places and for all purposes where an oath is or shall be required by law, which' affirmat.ion shall be of the samc force and elie:;t as if he had taken the oath.

(2) Every such affirmat.ion shall be as follows: "I, A.n., do solemn- ~"r~~~iOD. Iy, sincerely and truly declare and affirm,." anil then proceed with t.he worrls of the oath prescribed by law, omitting any words of imprecation or 'calling to witness. 45 ..

Every Court, judge, justice, officer, commissioner, arbitrator,. or !~~I~:rer other person now or hereafter having, by law or by consent of parties, oath. authority to hear, recei\'c, unrl examine evi·dence, may administer a~ oath to any witness legally called before such Court., judge,' justice, officer, commissioner, arbitrator, or other p~rson respecthely, and administer an affirmaiion to any witness who is eXCmlJted from taking an oath. OATHS, AFFIDAVITS, ETC., ABROAD. 46.

Oaths, affidavits. affirmations or declarations arlministered, sworn, alfirmed or made out of the territory before ,some onc of the fol­ lowing persons: (

a) A commissioner authorized by the laws of the Yukon Ter­ ritory to take affidavits in and for any of (.he courts of ihis Terri­ tory; (

b) A commissioner authori7erl' to administer oaths in the Su­ preme Court of Judicature in England or Ireland ;' (

c) A judge of the Supreme Court of Judicature in England or Ireland; (

d) A judge of the l'ourt of Sessions or the Justiciary ·Court in Scotland; Br whom oaths, etc., may be adminleterp.d ou tslde 01 the Territory.

Anydocmment afflxec\ by signoture of commissioner, etc" to be receive" In evidellce without proof 01 signature .. 22 WITNESSES AND EVIDENCE, (

e) A judge of any of the county Courts of Oreat Britain or Ireland; (

f) A judge of any Court of record or of 'supreme jurisdiction in any colony or possession belonging to Lhe Crown ~f G real, Britain, or any d~pendency thereof, or i~, any foreign country; (

g) The mayor or chief magistraLe of any city, borough, or town corporate, in Great Britain or Ireland, or in any colony of £-lis Majesty, or in ,any, foreign rounLry, and certified under the common seal of such city, borough, or town corporate; (

h) If malic in the British pos~e;'sions of InMa, any rnagistra.tc or collector certilied to he sucn I n:ler the hand of the (;o\'ernor of any such pos~e"sion ; (

i) If made in Quebec', a judge or protbonotary of the Surerior Court or clerk of the Circuit COlirt" Of a ,Juclge of Sess-ions; (

j) A notary public, and (et ti fieri IInrler his hand and offIcial seal where\'er niade; (

k) Consul General, Consul, Vice-Consul, Pro-Consul, or Con­ sular Agent of His !\'lajesly exercising this function in any foreign place or any person acting as such; shall, for I,he purposes of, and in or concerning any cause, matter or thing depending or t.o be had in any COlirt in the Territory, he as valid and ef­ fectual, and shall be of like force and elTect to all intents and purposes, as if such oat.h, allida\'it" allirmat,ion, or declam'tion, had been administered, sworn, alTirmed or made in this Territory before a Commissioner for tak­ ing affirla\'it,s therein: or other competent, authority of the like nature,

(2) Any document purport,ing to ha\'e affIxed, impressed, or sub­ scribed ,thereon, or thereto, (

a) The signature of any such 'commissioner; (,

b) The signature uf such jud~e, and the ~cal of the Court of which he is a member; (e2 The seal of the corporation and thr' signal,ure of such mayor; (dl The signature of such ehicf magistrate or go\'crnor as aforesaid; (

e) The official seal and signature of such prothonotary, clerk, Consul General, Consul, Viee-Ccnsul, Pro-CollslIl, Consular Agent, or any person 'acting; as such, or notary Jlublic, the testimony of such oath, alIi-dadt, alfirlllation, or declaration ha\'ing been alllllin­ istererl, sworn, alTirmed, ,or malle by er before him, or for any ethcr ]lurro:e authorizcli by this Orliinan: e,

WITNESSES AND EVIDENCE. 23 shall be admitted in evidence without proof d such signature, or seal and signature, being the signature or the seal and signature which they respec­ tively purport to be, or of the official character of such person. DECLARATIONS AND ACKNOWLEDGMENTS IN HIS MAJESTY'S DOMINIONS. 17. Declarations made in conformity with, and which have legal eITect ancl ope-ration' in the place where the same are made under and by virtue of,

an Act of the Imperial Parliament, passed in the fifth and sixth years of the reign of his late Majesty King William the Fourth,

Chapter sixty­ two, relatling tc· the ab6litlon o( oaths in cert·ain case's, and o-f any Act in am~n~lment thereof, shall have the same operation and effect in this Terri­ tory as if a'uthentiea1:ed . under oath before the same officers before whom the doclaration had been made, and as if these offIcers had been a\ithorized to administer sllch :oaths.' D~c1RrRtloD8 made under Imperial Act.

Cbap. 6201 :;·6 Willi"m IV. effective III Terrltor)". 48; Acts, deell~, evidencc, acknowledgments, and declarations, now or :1~~~':;,~~,8: hereafter done, made, taken, or proved in Great Britain or Ireland, or in ::'r~~~~~D any of His Majesty's posses'sions, with tho'se forms of propf and 'au- ~~~~~~~lon8 thentication which are the legal mode of proof and allthenticati~n in ;!~~/~:~~,fr~d those places, shall ha\e the same force and effect' in this 'Territory ~~bl~!~~n8~f~e as if sworn to before t·he same I erso~s or ofIjcers by', and before' ¥':;~~t':r~~18 ' whom the proof and authentication may 'be made, and as if those persons or officers had power to 'administer an oath. 19.

Where a Court 'or tribunal of competent ,jurisdictic'n in any part, of His ,Majesty's dominions, or in any foreign country, in some proceeding before it, 'issues or authorises a commission or" order for obtaining .the testimony of some person being within this Territory, or the production of papers therein, it shall be lawful for the Territorial Court, or a judge, if satisfied of the authenticity of the commission or order, and the pro­ priety of the ex~nllnation or production, by order to di,reet the examina­ tion of the, persons whom it is desired to examine, and the production of papers, when requirer!, in t'he manner prescribed in the commission or or­ der for examination, or in sueh other 'manner, and before such person, and with such notice, as 'the Court or a judge rlirects.

Section 297 of Chap. 17 of ",The Consolidated Yukon Territory, 1902," is hereby repealed, Ordinances of the lIony rompe­ tent trlbunMI is!'ues H commluloll 10 take e.lden~c In Tprr\tory, .. jndge mHY ortler Ihe , pre.ellce 01 ' w\tne •• es on<l produf'LloD of documents.

Sec. 297 01 ChRp.17 ConRolldattd OrdlnRnces repealed.

Tfll~.

InterpretatIon '"Judge." "Clerk." I·Judgment." "Amonntdue on the judgment." "(.;redltor." "Debtor." "DebL." "Llabllit}·." Judgm~nt summons. 24 COLL~CTION OF DEBTS.

CHAPTER 6. AN OHDDIANCE HESPECTING TilE COLLECTION OF DEBTS. (Assented to ,\ugust 24th, 1!l()4 1. This Orrlinance ma~' 'be cited as "The Collection Ordinance." 2. In this Ordinance, unless the cont·ext otherwise requires, (

a) The expression ".lu(lge·' means a Jurlge 01 the Territorial Court of the 'Yukon Territory. (

b) The expression "Clerk" means the Clerk of the said Court and in­ cl:.:des any Deputy of sairl Clerk. (

c) The expression "judgment" means any adjudication or order direct­ ing !'he paymcnt oi money, whetherrlehL, damages or cost·s. and includes judgments obtaine(1 In any court in the Territory, or beforc any stipcml­ iary llIagistra te or jus l ice of the peaee ; (

d) The expression "amount due on the judgment" includes the costs incurred suhsequently to those forming part of the judgment, and which may be reco\'cred by an execution issued upon the jurlgment ; (

e) The expression "creditor" means the person or corporation entitle(1 to receh'e the amount due on the judgment; (

f) The expression "debtor" means the person liable to pay the amount. due on the judgment; (

g) The expression "deht" includes any item or part of the debt form­ ing the subjer:t of the judgment; (

h) The expression "Iiability~' includes part of a liabilitr forming the subject of the judgment. ; 3 .. !\ny party having an unsatisfied judgment nlay procure from the Clerk a judgment summons in the Form No. 1 in the

Schedule to this Ordinance or to the like effect requiring the debtor to appear at the time and place therein expressed to be examined upon oath touching his estate and clT-ects and the manner anr! circumstances. under which he contracted the debt or incurred' the damages or liability forming the subject of the judgment anrl as to the means and expectations he then had and as to the property anrl means he still has. of discharging the said debt, dam­ ages or liability and as to the disposal he has marle of any propertr; anrl such judgment sumn,ons shall be !;:ervcd in the same manner as a writ of summons.

COLLECTION OF DEBTS. 25 Provided that in case the judgment is against. two or more debtors such debtors may be examined touching their joint or partnership prop­ erty, estate and effects.as well as. the separate property, estate and effects of each of them. And pro\'ided that if upon such examination it appears to the satisfac­ tion of the .Judge that the ·debt upon which the judgment was obtained was incurred' elsewhere than in the Yukon Territory no onler shall he made agai'nst the judgment debtor. Two or mnre debtQrs mlly be ~xllmlned 8S tQ jQi lit .or pIlrLnersh I" prQperty.

If debt Incllrred Qlltslde YukQn TerritQry nQ .order tQ be mllc1e. 4. The person obtaining such summons and all wi tnesses whom the All wllnessee "equlred may Ju'dge thinks requisite may be examined upon oath touching the enquiries be examined. authorized to be made as aforesaid. 5 The examination shall be held in the Judge's Chambers, unless the EXRmlnRtlQn . in Juc1ge's . J urlge otherwise orders. 6. The .Judge may adjo1,lrn the examination from time to time.

(2) The Judge may commit the debtor to jail until the time fixed for Chltmbers . Judge may adJQurn eXllmlnlltlQn. MRy"ommil. the adjourned hearing, unless the ·debtor 'enters int.o a bond in favour of debtQr tojllll .. the creditor with securities to the satisfaction of the Jurlge to attentl at the time and place to which such examination is adjourned. 7.. : ThE' costs of and incidental to such judgment summons shall be costs in the cause, unless the JU'dge otherwise directs. 8. If the' party so summoned . (

a) Does not attend as required by the summons or show a sufficient reason for not atten.ding ; or. (

b) If he attends and refuses to be sworn, or to declare any of the things aforesaid; or (

c) If it appears to the Judge either by examination of the party or other evidence (

i) Tha,t the 'debt which forms the sub,iect of the judgment was fraudu, lently contracted; or (ii) That the credit was obtained under false pretences; or (iii) That the debtor contracted such debt without having at the time any reasonable expectation of being able to pay the same; or . (iv) That any other fraudulent circumstances have occurred in connec­ t.ion with thc contracting or such debt; or (

v) That the dehtor has made any fraudulent gift, delivery, t.ransfr.r or (lisposition of his property real and personal or mixed, or any portion thereof; or Coptv in CRuse nnlc;N olher· wle,· dlrect.,d. If party ~ummoned does not attend; "'c.

ludge mRY . commit tojRII. Judge m~y order "annent by iustlll­ ment8. Order toatRt" amount o( inslalment8 80.1 t.hne Slid pltLc~ o[ p"yment. Jutige may ord~r pllyment o[ COSt" o[ judgment summons. J[ debtor [ails to pa)' instillment Jndge mRY orller commitment. Order [or c:ommit.Jnent to be del,,-. red lO tbe sberiff. who 81",11 "rrest <Ielltor Rnti convey him to common jail. Person hnprlsoned who sRtlsfics debt to be dl~charKed from custody. Judge may orflcr dischArge of . flebtor from custod)·.

Imprlson·ment not to e:rlln­ KlIisb debt. 2fi COLLF.CTION OF DEnTS. (VI) In cases of tort, ineluding Jibel and slander; The Jurlge may, if he thinks fit, urder such part.y to he committerl T-O a common jail ior any periorl not exeeerling one year. 9. If upon such examination it appears to the satisfact.ion of the Judge that the debtor is possessed of means or income sufficient therefor he may make an order requirinl!; the debtor to pay the UI::UI1nt due on the jurlgment by instalments.

(2) Such orrler shall state the amount of such instalments, and the time when and the place at. which the samc shall be pair!. (:-1) The Judge may also, in his discretion, direct that the debtor shall pay the (;osts of and incidental to the jU(I~lIIcnt !:ummons and pro­ cee(lings thercon with the !irst or any other instalment, and it shall be sullieient t·o indicate the amount of such costs upon the or·der without· fur­ t.lwr taxation. ('

I) Ii the debtor fails to pay any of t.he instalments so ordcred the cre(litor may, upon his own affi(la\'it or t·he affidavit ·ofhis solkitor, agent or SOIJlC othcr person on his behalf having a full knowledge of the mat­ ter prol·ing such default, obtain ex parte from a .Judge an order commit­ ting the debtor to a common jail for a periorl not cxceeding onc year.

(5) Whene\'er any oider for commitment as afoi'esaid has bcen made, such order shall be dclivered to the ShcriIT of the Yukon Tcrritory, and sudl ShcriIT or the Dcputy of such Shcriff or any bailiIT, const.able or pcacc ollicer t.o whom the said Sheriff· may han!l the said order for execu­ t.ion shall arrest the person against wholll such order has issucd and con­ vey him to a (;Ol11mon jail, and every gaoler or Jieeper of such jail shall reccil·e and keep the person so arres ted until discharged under the pro­ I· if;Jons of t.his Ordinance or otherwi se by duc (;()urse of law. ((

i) An~' person imprisoned under this Ordinancc who has satisfied thc debt" demand and liability a.nd the amount due on the judgment, shall up­ on the ccrtificat.e or sueh satisfaction signed by the Clerk, he discharged from custod}'.

(7) A JlHlge may upon any ground artstng suhse(IUl'nt to the order or eommitment that appears to him sufficicnt, (lirec1. thai, thc dcht.or hc (Iis­ charged from eust.ody. 10. No imprisonlllent under this Onlinancc shall impair . the judgment or extinguish thc debt or cause of action on which a .iudgmellt has been obtaine;1 or depril"e t.he creditor of any right. to take out execution against the dehtor.

COLLECTION OF DEBTS. 27 11. Notwit.hstanding the provisions of this Ordinance in the case of a judgment obtained in the Territorial Court, of t.he Yukon Territory for a sum exceeding ~ 1 00 no judgment summons shall issue before an execution against the goods allll chattels of the debt.or has been ret.urned nulla bona. 12.

Upon the issuing of a judgment summons the action or proceeding in which the judgment was obtained shall. for the purposes of tbis Orrlin­ ance become a cause, action or matter in tbe Territorial Court of the Yukon Territory, and subject to the provisions of this Ordinance the practice and proccdure and the costs and fees payable in connection there­ wit.h shall be those now in force in the said Territorial Court under the lowest scale of costs and fees. 13. No counsel fee shall be allowed on any judgment summons or on an~' proteedings thereon. H. The Police .

Magistrat.e at Whitehorse may in respect to judgments entered at Whitchorse perform all the duties and exercise all the powers and juris(liction of a Judgc under this Ordinance. SCHEDULE. FOHM NO. I.-JUDGMENT SUMMONS. (Style of cause) To (name of deutor)

WHEREAS it 'has been made to appear that ...... (crcditor's name) ..... . is entitled to recei"e from you $ ......... :.. in respect to a certain judg- ment (or order) of the Court, of which he has heen unable to bhtain satisfaction. THEHEFORE you are hereby summoned to attend an examination beiore ................................ at the Court House at .................. in ,the Yukon Territory on ............... day the ............................. day of ................. .

A.D. 19 ...... at the hour of ............ o'dock in the ........ noon· there to be dealt with as in "The Collection Ordinance" is prorided. AND TAKE NOT1CE that in the erent of your failing t.o attend at such time and place, you fila}" be arrested and comlllitt~1 to the common jail. Dated at In the Yukon Territory this .................. day of A.D. 190 ...... Clerk of the Territorial Court. No judgment summons to issue uDtil writ of execu­ Lion against loods •• returned DuUa bODa. UPOD the I •• ulng of judgment HummODIH tbe actlou or prn­ "eedlDg sboll p~ .f:~:;~~~l~g Court. No coun.el f~e allowed.

Police Magis­ trate at W h Iteborse 10 hllve jurlscl ie­ t;on or Judg~.

. 28 PRAIIUF. ,\ND FOREST FIRES .

CHAPTER 7. ·\N ORDINANCE TO Ai'tmND

CHAPTER 7-1, CONSOLIDATED ORDI­ NANCES OF TI-IE YUKON TERIUTOHY, ENTITLED "AN ORDI­ NANCE FOR THE PREVENTION OF PRJ\IRIE AND FOREST FIRES." (Assentcd to Aup;u~t 2·lth, I!lO".) Thc Commissioller of the '·U~:Oll Territory, IJy and with the advice of the Council of said Territor), enacts ;:.:;: follows: ~~:;4:,(;~tP 7~ 1.

Section '1 of

Chapter i,1 of the! Consolirlatell Ordinallces of the IlmPlldc'l. Vul,on Territory, cntitlc!1 "A n Orll inancc for thc Prel"cnt.ion of Prairic anll Forest Fires," is amenlled hy aCding after thc worrls "clearing lantl" in the fourth line thereof the worlls "or for the purpose of ·burning the limhs of trees to he IIsed for fire wood or tilllber."

INTOXICATING LIQUORS. 29

CHAPTER 8. AN ORDINANCE TO Ai\'lEND THE ORDINANCE RESPECTING IN­ TOXICATING LIQUORS. (Assented to Aligllst 2.Jth, 1904.) The ·Commissioner of the Yukon TerriLory, by and with the advice and consent of the Council of said Territory, enacts as follows:

Section 52 of the Ordinance Respecting Intoxicating Liquors, Chap- ~r'2g~.C~~.l.6 ter 76 of the Consolidated Ordinances of the Yukon Territory, is hereby dmeDded. amended by inserting the word "steamboat" between t~e words "any" and "house" in the first line of said section.

Section 56 is hereby amended by adding thcreto the following sub- ~~~~ded.

section .: 2a. Every licensed saloon shall h \\'e at least one window facing a pub- r~~~~~tl~?~\~ lic street which window shall be of clear transparent glass, with panes of ~!l~notl~rior 01. a size not less than twelve inches by fi·ftl;en inches, and such window shall be not less than four feet iong by .three feet wide and shall be so placed that the bottom thereof shall not be lower than the sidewalk or more than three feet above it.

During prohibited hours, no· blind, screen, counter, box or other ob­ struction of any kinll shall be 'allowed in any saloon or in connection wit·h such window so as to conceal any. part of the interior of the bar­ room from the view of persons on the street without.

Section 58 is he.reby repealed and the following 'substituted there-

SeC. 58 repeAled Rnd for: substituted. 58. No person shall keep a music hall in connection with premises li­ censed to sell liql!or under this ord inance without first obtaining a li­ cense therefor' from the Roard of License CommiSSioners. (1). An application for a license under the prol'isions of this

section Mu_lc hlllls 10 be licensed. shall be made by petition to the Chief License Inspe2tor and shall be ac- companied by a sketch plan of the premises to which the license shall apply. (2), A license granted under the pro\'isions of tJhis section, shall be Form 01 liceose. in form similar to licenses issued under the IITol'isions of Se;:1iion 31, Form C.

30 INTOXICATING LIqUORS.

Sec. 59 4.

Section !in is hereby repealed and the following suhstituted there- r<lp~.lcd. and .UOstlluted. for: License good lor oue year. Fee. Penalty lor conductlug without IIcensc. DcHlIlIlon 01 mu.1e holl. Ko ~Ieeplng apRrtmeutH to be III connection \Vi I h licellced premises. Licell6e may ue cllHceled. S~c. 82 amelldecl. Costs 01 prosecution pale! out 01 gencrnl revenue. / WitHeAs lees. OrdlnRnce amended by ~rldlllg ':iee. 82R. !i!J. A music hall license shal1 be in force for one year from the date of issue thereof and no longer.

(2) The fee for such license shall be the sum of $100 and shall be paid into the Territorial Treasury and shall form part of the general rev­ ellue fund of the Territory.

(3) Any person keeping a music hall in connection with premises li­ censed to scll liquor withuut having a license therefor shall incur for e,'cry day of contral'enLion a penalty of not less than $20.00 and costs, and in default of payment forthwith after cunl'i;;tion, imprisonment for a 'period not exceelling thrc·e months. (4} !<'or the purposes of this ordinance any place t.o which the public is adrni tted to a theatrical or concert performance of any kind, or to dance, whether an admission fee is charged or not, shall be deemed a music hall.

(5) No sleeping apartments or stairway or hall or passage leading to any sleeping apart.ment shall open oIT any premises licensed as a music hall. (/l) The Boanl of License Commissioners upon recommendation of the Lkense IlIspe~tor, shall hal'e power to cancel an~' music hall license in any case in which, in their opinion, t.he provisions of l,his Onlinance r('­ spe~ting Illllst(; halls are not being cOlllrlied \vith.

Section 82 is herehy amended by adding thereto the following sub­ section: Cl) All costs of any proceedings or prosecution laid by the Chief License Inspector or by his authority with the approval of the Commis­ sioner shall be pa.id out of the general revenue of the Yukon Territory.

(2) Witness fees shall be taxed in all cases under this ordinance at the rate of $3.00 per day while in attendance in connection with the case, and shall he cost.s in the cause. fi. Said Ordinance is hereby amended by inserting between Sect,ion 82 anti

Section 83 of the saitl Onlinance the following section: 82a. Every' person, firm or corporation, in t.his

section hereinafter called "agent," Who as agent of, or for or on bchalf of an~' other person~ firm or corporation, in this

section hereinafter call ell "principal," sells, or attempts to sell, or solicits o[(ler~ for, or disposes of or at.tempts to Ilisc pose of, or llclil'ers, any liquor, wit.hollt such agent or principal being the hol·der of a wholesale liquor, liccnse, shall be liahle to it pcnalty not ex-

INTOXICATI!'\(; LIqUORS. ceeding $500 amI costs, and in default of payment to imprisonment for a period not exceeding six months. A lIy liquor so sold, or at.tempted to he sold, or for which orders are solicit,CII, or which is disposed of or at­ tempted ·to he llisposed of, may be seizEd by t.he Chief License Inspector; or by any person appoint.ed by him and shall be destroyed immediately after conviction of the agent or prin~·ipa\. This

section shall equally ap­ ply, whether t,he princiral resides within or without the ·Yu\.:on Territory.

Prcamble. A ""c,.men t of unlncorpo· ro led town of BOnAnZA. on ~ertIHc"teor June Ii, 1904 dccll<rcd vlllid. 32 BONANZ:A ASSESSMENT,

CHAPTER 9. AN ORDINANCE TO VALIDATE ROLL, FOR THE YEAR IH01, TOWN OF BONANZA, THE ASSESSMENT AND TAX OF THE UNINCORPORATED (Assented to A~lgust I Hh, 1 fJ01,)

Whereas doubts have arisen as to the \'alidity of the assessment and tax roll ior the year l!)O'l, o[ the unincorporated town o[ Bonanza, by reason o[ cerLain irregularities in the transaction of business at the an­ nual business meeting and at a spe~ial meeting of \'oters o[ th<? town of Bonanza, held on or about the tenth (lay of May, I !)(H And

whereas it is deemed advisable to remo\'e all douhts as to t.he \'alidity o[ said assessment and tax roll; The Commissioner of the Yukon Territory, hy and with the a(lrice and conscnt of the Counci I o[ said Tcrritory, enacts as follows: 1.

Thc assessment and tax roll for thc ycar ninctccn hundrcd and [our, of the unincorporated town of Bonanza, made by Peter Coutts, O\'crseer of the said town of Bonanza, and certified by him hy ccrtificate Ilated at ~he town of Bonanza, thc sixth day o[ June, A, D, nineteen hun­ dred and four, as altered by the Court, of Appeals for thc saill town, is hcreby declarcd Icgal and valid in all rcspects, ~r~~~~rce nOL 2, This orrlinance shall not allert any litigation already begun and litigation pcnding, bcgun,

Jl'DICATURE A:-ID RULES. CHAPTER· 10. AN ORDINANCE TO AMEND THE JUOICATUHE ORDINANCE AND RULES. (As~entcd to August 24th, U)04.) The Commissioner of thc ·Yukon Tcrritor}', by and with the advice and consent. of thc Counci I of said Terri t·N\'. cnad!' as follows: 1. The rulcs of Court unller Cha: ter 17 of t.he Consolidated Ordin­ ances of the Yukon Territory entitled·" An Ordinance Respecting thc A-d­ ministration of Civil Justice" are hereby amended by inserting the fol­ lowing rule between Rule 329 and Rule 330. 329A.

And in any action for tort. in~luding libel and slander the judge before whom such action is tried may at the t.imc of rendering judgm~llt or at any subsequent time dired pa· ment of ~be amount due on i.uch .iu·dgment including costs forthwith 0·: at such later time as the jurlge Ile~ms· proper and may dircct unlc,>s su(,h order is complied with that the defendant be imprisoncd for such time ?os ~e direl:ts not exceeding one ye.tr unless t·he amount so due is sooncr ·raid. Rules olCourt uoder Cb. 17 Coo.Ord. amended by Rtldiog

Sec. 329A. SU.b Sef'. 1 01 \ 2. Sub-section 1 of Rule 383 IS hereby repealed. and· the following Kule 38.1 substituted therefor: ~~~~~l~~ .. ::.d 383. Service of such summons. on the Garnishec shall bind any deht dt.:e or accruing due from the garnishee to the Ilefcndant or judgmcnt debtor whether su<::h debt is payable in moncy or otherwise to the extcnt of the claim of the plaintiff or jUllgmrnt crcllitor and costs, which said ("o,ts £hali be fixed by a Judge or (Ier:, qf t.he Court at the time such summons is issued. 3.

Sub-scction 1 of Rule 384 ~s hereby re~ealcd substituted therefor: and the following ~~,~~s~ 1 01 repealf'd and sobsUtuted. 384. No ordi'r shall be made for paymcnt out of any money paid into Court by the garriishee until at least ten dars after the service of the said summons on the defendant or judgn:eOlt Ilebtor aiul on the garnishce, ror when a garnishee summons issues prior to jUIlgment until t,he plaintiff has recovered a judgment against th~ defendant. 4.

Rule 386 of said Rules and se~tion 31 of Ordinance No. 22 of 1903, rntitled "An Ordinance to Amend the judicature Ordinance ami Rules," are h~reby repealed and the following substituterl the:efor: Rule 386 and Se ... 31, Ch. "El 1903, repealed and substllu.ed.

Rul .. ~87 repeMlpd I\nl1 substittIled. Rule R88 amended by adding sub sect iOlls. Rules .mended by adrllnJ: Rule 45~A. .1lJDICATUnF. AND RULES. 386. Thc Commissioncr of thc Yukon Tcrritory may dirc(t that such proportion as sccms proper of any men"es due from thc Governmcnt of I.hc Yukon Tcrritory 10 any pcrson employcd by such gOl'crnmml, may bc paid to the creditors of such person and may causc payment to bc made dirm;t to SUcil creditors, and any such rayment shall be <IecmCII paymcnt pro t.anto 1.0 the dchtor. ~.

Rulc :lRi is her~by rcpcalcd and Ihc following substit,uted t,hcrcfor: 18i, If thc garnishcc <Iocs not pay into CO:Jrt t;,c an~Ol:nt duc from him to thc judgmcnt IlcbLor or an :t1rountcqual to the claimor judgment and costs fixcII as aforcsaill and dOeS not dis~utc thc dcht due or c1aim­ cd to he due from him to sut:h dehLor, then thc J udgc may aftcr ju·dg­ mcnt has bcen entered against. thc jUI'gn:ent ,dchtor or. at once when thc garnishcc sUlllmons, is founded on a judgment; alrcady rc::o\"('rcd ordcr that judgmcnt be entcrcd up against,. thc garnishcc for t·hc alllount duc to thc plainltilT or judgmcnL crcditor from .Lhcdef~ndant or judgmeri debtor for principal, interest anll t;osLs and t· at cxci:ution issuc thercon and it. may i;:suc at;: or-rlinglr.

(2) J[ thc garnishec fails 10 filc any statcment· or Hies a stat.cment allmit-ting a dcbt duc to t.he dcfcndant or judgment, dchtor but docs not pay thc amount claimed or admi I.ted into COUI t. wi th such stal,cmcnl" thc plain·tiff, judgmcnt crcditor or ,any ilOtcrcsted party (notwithstanding that. judgmcnt has not becn rCl'o\"crccl in thc a:dion) may :t[Jply ex parl,c t,o a ,]ud,e:e for an order I,hat such ,e:arnishcc pay thc amount claimed or so ad­ mitted into ('ourt; fort.hwit,h.· (i. Rulc :jRR is amendcII by adlling thcrcto thc following sub-scr.\,iolls :

(2) If upon anr trial undcr said rule whcther

summary or otherwisc it isdc\.ermiilCd that, thcrc i!; a dcht duc from thc garnishee to thc dc­ fentlant or judgmcnt dcbt.or :tn ordcr may bc madc that thc garnishec forthwit.h ray the amount. so found to I c Iluc from him to I·hc dcfcndant or j~l(lgment deht;or to Lhc crcdit of thc cause notwiths·\.andinj!; jUIIgmcnt may no~ ha\"c hccn reLovcrcrl in thc a'.tion.

(3) A t any timc aflcr thc filin!!; of a stat ement by a garnishce such garnishec lIIay bc eompcllc:l to at,tcn"d for cxamination in thc samc man­ ner a<; a [Jart}~ might, bc under. the pro\" i!;ion of Order X X I, and t.he pru­ \'isions or Lhc sai(l ordcr shall apply tn thc samc cxamination and \.0 thc usc of thc c\'jllcncc takcn thercon. i. Thc ~aid Rulcs arc furt.hcr alllrndrd by insert ing I,hc following rulc hcl,we'cn Rule ·152 and Rulc 4:;:j : ,152:\. "In casc a shcriff or othcr o(Jjccr aprl:cs to thc Court: or a judgc for rclicf by int,erplcadcr Jlroccedings and any (TcC\itur undcr writ

.JUDICATURE AND RliLE~. o[ atl·adllllent or execution after receiving two ·days notice of such appli­ cation does not join in the contesting of the claim of the adverse claim­ ant, the Court or a judge may direct ·that Sl!( h crediLor shall be excluded from any benetit which may be deri\'ed froll1 the contestation of such claim. Such notice. may be served upon the so!icitor issuing t.he writ. 8. The said Rules are further amended by ins·erting Lhe following rules betWEen Ride <156 and ·Rule 45 i 156a.

Where an issue is directed to be tried, the costs o[ the sheriff incurred in consequence· of the adverse claim shall· be a ft·rst lien or charge upon the moneys or goo(ls which fnay be round in the issue to be applicable upo~ the execution. 'J5Gb.

In caSe an issue is directed to be tried for the determinatloli of an adverse claim in respect of property seized or taken under an or­ der for writ of attachment or writ o[ execution, t.he sheriff (or other officer) to whom such order is deli\·ered or such writ is directed, may have the costs incurred by him in consequence of such ad\'erse claim, taxed anci" may, when so taxed. serve a copy of the certi ticate of the costs taxed upon ea~h of the parties to the i~sue, and the attaching or execution creditor shall forthwith pay the same to the said sheriff (in default of which payment a writ of exe~ution may issue to enforce the same) and if su,h creditor is successful UI)OI1 t.he issue such costs shall hc cos·ts in the cause. (0.

R. !l58) and (M. R. 915). 456c, When thc pr~cedings are compromised between Lhe parties thereto, . the costs o[ the sheriff shall be paid by the party by whom the writ of att.achment o·r execution was issuer!. Ruh~" 8mended by sddlnR' Rnle 456B.456b, Bnd 456c. fl. Form C· is amended ·hy striking out the word· "eosts" anrl insert- ~~re'!:~~~: ;ng in lieu thereof the sign and··word "$ costs.' ,

Sec. 2, Ch. &I of Consol. ord. repealed Bud substltuled. "Poll Ts"." "Resldl!nl." Ordlnanr.e amended by addIng sub~ec. to Spc.3 Poll tax to be levied lu lJawson. Persons neelecllng to PIlY ma)' be dl~trdlned or slIed. When ('ollecled. s~r.. j of SlII>ser..4 repe.led snd substituted, 36 ASSESSMENT.

CHAPTER 11. AN ORoDlNANCE TO AMEND Tl-m ASSESSMENT ORDINANCE. (Msenterl to August 24th, 1f1l14.) The commissioner of the Yukon Territury, by anrl with the a!lvice anrl eonsent. of the Council of the said Tcrritory, enacls as follows: 1. Sect.ion 2 of the Assessmcnt.

Orr!inan':c, Chaplcr 64 of thc Consoli­ rlaterl Ordinances Yukon Tcrri tory, as amen-Icrl is hcreby furthcr amendc!1 by addin!!: after sUb-sect.ion 9, the fo'I()wing sub-~e~lions : (10) "Poll tax" means an annual tax imposcd without. regarrl t.o pro­ rerty or income on cert.ain persons re:;i·!lcnt in the cit.y of Dawson. (11) "Re;:idcnt." mcans any person whu t:a<; brcn li\'ing in or carryinp; on businc~s in t.he city of nawson for a rcriocl of two mont.hs or longer. 2. Thc sai!1 Orrlinance' is hercby am(;nrlerl hy adding the following sub-~cct.ions 1.0

section :3 :

(2) El'ery allult male person rcsirlcnt in the cit~' of Dawson shall pay a poll tax oj $:).00 ; Providc!l, howc\'cr, t.hat an\' sll{'h pcrson who has paid or is liahlc to pal' a tax upon pro;erty or income or both, in an amount. equal to or exceeding $:).00 ~hall bc entitled 10 a credit or re­ hate of $:).00 upon his t,axr.s ; and, an~' such pc:son liable to pay a tax upon property or ineomc.or both in an .amo'.Jnt. less t.han $5.00 s·hall he cntit.lc,(1 to a rchate or crcdit of an amO\'nt equal to such tax. 0) Any person liahle to pay the poll tax named in the ncxt prcecd­ ing suh-,e~t.'ion shall pay the same lot hc City Collcctor within two days after dcmanrl thercfor, anll in case of neglect or rcfusal to pay the same thc Collector may Icvy the same by 'distress of t.he goorls and ehat­ t.els of the rlcfaulter w)t.h costs of flist.rcss.

Su~h poll tax may he sued for and the provisions 'of t.he Collcction Ordinance shall apply t.o any judgment.s reco\'crcd thcrcfor.

(4) The poll tax for the ycar HO'I may hc collc~ tCII hy thc City Col­ lector at any time after thc passing of this Onlinanee, ami in any subsc­ qt:ent year such tax may hc col\eciccl at any time after the comlllence­ m(nt of such year. 3 .. Se~tion (

j) of sub-se::iion ,1 and amcndments theret,o are hcreby rerealed anll the following suhstitllted therefor : (

j) Income to the ext.cnt of $1,ROO.OO.

ASSESSMENT. 37

Section 6 and amendments the rt to a~e herehy rel:ealed' and t,he fol- ::;~I~d::'~nts lowing substituted therefor : !~~~~II~~t:S.d 6.

The Assessor having Olseertained as nearly as may be the names of all adult male persons resident in the city of Dawson, and the particulars of t~e lanll impr'ovements and p~rsonal propocty anil income to be assessed, shall prepare an assessment roll in which' he' shall set down in separate columns tho names and Ilcseription of every. person Iiablo to bc rated, dcs·i·gnating every such person by a number on the roll and by a statement of the occupation ami resi·r!en:e of such !Ierson, disttinguish- ing the resident from the non-resiilent and showing whether sllch person is 'assessed as owner, oc:.-upant or tenH.t, or on account of income or is liable to pay a poll tax.

The Asses ,or shall also ~et ,down a des'cription of and the I'rilue of the land and improl'ements 'an:1 personal property and income, showing thereunder as far as pe,ssi'ble the \'l!-rious particulars ellumerated . in form "A" in the £econd s he;lule of the said ordinance hzr'eby amended and shall note whet~er the person assessed or liable to pay a roll tax is a British subjc~t or an alien, and also set I!own the amolnt of the poll tax and note any other facts that may aid in securing t.he prorer and correct assessment. -

(2) The ~ai'd form "A" in additio:t 10 the particulars therein contained sha)1 show the amount of the poll tax chargeable a~ainst each person as­ sessed and shall in addition thereto contain ·aeolullllI with the hea.lling "Poll Tax" and a. column with the heading showing whether the person assessed or liable to pay a poll tax is a British subject or an alien and shall enter thereunder, opposite each name the letters .. B.S." to' indicate tihat such person is a Brit:ish subject, or tihe !etter .. A" to indicate that such person is 'an alien., Ass~s90r to set down parLlculArs In asoessment roll. Amollnt 01 poll IU: to be ShOWD alld nRLlona1lly (I pe.r60n lid ble.

(3) The assessment roll shall be, as nearly as possible, in said ferm Roll to bo similar to "A" except, that the columns under lhe headi'ng "taxes on land" and Form "A." "taxes on improvements, personal propertr, income and poll tax" shall form part of the rate book and not of the assessment roll.

(4) The City Assessor in addition to any other books to be kept by Poll Tax Book. him, shall keep a book to be known a, the "Poll Tax Rook" in which he shall ·enter the n?rilcs of all persons liable to pay a. poll tax but not as- sessed on property or income. !'i. Rule 10,

section 7, is hereby repealed and the following substituted RulelO,Sec.7, repealed and tiherefor: substituted. Rule '10. The Assessor shall on or hefore the :lOth day of Septem- Roll-wben to be completed. ber in each year complete the roll.

(2) The Ass'essor shall forthwith thereafter sign I·he sai·d roll, first AsseAsor 10 sIgil roll "nd attaching thereto a certificate in form "B" in the

schedule to this O'r- pOlllBX book.

Sec. 16 .. mended by adding subsection. A opeal Court where heln. Snbspr. 1 01 :::ec. :17 repe.le<i Bud sub.tlluted. HeRdlngs 01 rllte book. Subsec. 301 Scc.40 Bm~ude<i. Or<iinHnne appllcs h D.wsou uuly. 36 ASSESSMENT. dinanee (which form is suilstitu(.e« for form "13'" in the se~ond

schedule to the Ordinance hereby amended) and shall in likc manncr si'gn the Poll Tax Boo,," and attach thereto a eer('itkate in form "I-I" in the said s hcdule. ri. SC2tion 1ri is hcrchy amenlled by adding the following sUh-sec:tion:

(2) The Court for thc hearing of aprcals for the city of Dawson shall he held at. the City I-Iall. 'i. Suh-section ('uted thcrefor : of Sc~(,ion :n is rC,;(a'cd and thc following suhsti- 37. The .'\ss~ssor shall makc a ratc'1:ook hy carrying ·out in form "A" umler the ~e,'eral hea·dings "Taxes on Lalll!': and "Taxcs on Im- rrOYClllcnt.s, Pcrsonal Proper(,y, I lI~Ollle nalllc of each jlePion, firm. cOIll(:a'ny III i lls on thc ·dollar, Lhc arrears of I a~ es, the total amount, of Laxcs duc. anti Poll Tax" opposiLc t:hc allll cor!l(lraLion, thc rate of t.axes for thc year 1!11l ... and 11.

Suh-sc:Lion.3 of Seelion ,10 is hereby anl(;nt\(( hy inserting aftcr t,hc word "person" in the first linc t·he words "fails to pay thc poll tax whcn due or if an~- person." n. The said Ordinam.:e is hcrclly al11cnderl hy adding (·hc following ~er.­ I.ion: fi\' This Ordinance and (,he repealing, alllentling and other pronslOns I.hereof s·hall apply to the city of Dawson only, and shall not apply to. any district or assesslllent, outsidc the city of Da\vson. SCI-IEDljLI::.

"FORM "D." I certify I have set tlown in thc foregoinl!; asseS!';lllent roll with tho names numhercd from No. 1 to No. --, bc·th inclush·c, thc lantl and im­ pl'ol'ement,s liable to taxation siLuated in the city of Dawson anrl thc t.ruc anti act.ual cash valuc thereof in cach case, according tc· thc best of my information and judgment; anti also that the said assessment roll contains a t.ruc statement of the aggregat'c amount of thc personal property an(1 im]lrol-emcnts o·f the said tiaxahle il)- comc and of the poll tax of cv·ery pcrson namcd on the said roll anti that J have es(;imatcd and sct down thc same according; to the hcst of my informat.ion anrl hcl i'ef; anti I [urt!lc'r certify that T have enter~11 th~rein the names of. thc. sever~1 ]lcrs.ons owning ]lropcrty or reeeil'­ ing incomes and I hal'e not cnj,eretl the name of .any person whom T did not truly believe to hc liah·le to hc. assessed in respect to thc property and i'ncome and t.o liay the poll tax assessed or entcrcd against him thcrein to I'hc extcnt such person is So assessed or lia!Jle, and (0 thc 'hest, of Illy

ASSESS!\'IENT. knolVl·edge anll belief I 'ha\'e nuted on the sai'll roll whcl,hcr thc pcrson as;;es~ed or liahle is a Brit.ish subject er an alien. Dated at the city of Dawson this ......... .day of ......................... .. A.D. 19U ...... FORM "1-1." I certify that I have set down in the fo' cgcing list all t.he names of the a(hilt residents in the city of Dawson, numbered consecutively from No, 1 to No ...... both inclusive, liable to pay a poll tax according to the best of my information and· belief, and I ha\'c not entered tho name of any person whom J'rlirl not· believe to be liahle to ray a poll tax.

Dated .at the ·eity of Dawson, this ...................... . day of ........................ . A.D. HO ......

C!'U'·C Cl', ~uh _ec. 1 Sec f, 01 Ord 4i. 1901. rep""loll Rnd subsll tu lod Clause (Il) sub Ser.2. Seo G rcpo.lel\lIl1<1 buhsllllltCl1. Soc.G amended by sdlllng sub.ectlon. AddlllonRl assessment "nlier

Sec. 10. Ch.6401 Con sol. Ord. not 10 bc Included In property 8~~esged tn Subsec.l (

I) sDd 2 (

a) Sec. 6. flee. 14 ~~~~~II~~t:d'.d Every Brlllsh subject 01 21 liear. clln vote RRted on roll aD.1 has p.ld taxes. or I! -tf) OAWSON CHARTER.

CHAPTER 12. AN ORDINANqE TO AMEND THE DAWSON CITY CHARTER. (A~ sented to ,\ ugust 2·1 th. 1 n01.) The Commissionl'r of the Yukon Territory. hy and wit.h the adl"ice and consent of the council of the said territory. enacts as follows: 1. Clause (t:) suh-section I of se::tion Il of Ordinance No. 1ii of 1!JOI. cnt.itled "An Onlinance to Incorporate the City of Dawson." is hereh}' repealed· and t.he following substituted therefor . (

c) Is ratell upqn real property assessed at not le~s than two thous­ and dollars or on real or personal pr,'rerty or incon:e either separatel}' or t.oget.her at not less Ihan $3.000.00 on t.he assessment roll prepared by the City. Asscssor on or hefore the :-IOth day of Sept.emhcr yearly as finally re\·ised hy I.he Assessmcnt Court of Appeal. 2. Clause (

a) of suh-se:tion 2 se::tion Il of said ordinance is repealcd ami t~le following substit.uted therefor: hereby (

a) Is rat.cll upon real property a~scssc!! at not less than onc thousand dollars or upon real or personal propcrt.y or incomc eit.her separately or t.o!;ctber at not. Icss t.han $1.000.((0 on \.II<' ass('ssment roll preparcd hy I.he City Assessor on or hefore the :-10th dal· of Scptemher as finally re­ \·isecl by the ,\sseSSlllent Court. of A PJl( al :i.

Section G is herehy amcmled hy a·(hling the following suh-scdion :

(5) No additional assessment made hy the City Assessor uncler the r ro, isions oi scction J 11 of Chapier IH of t.hc Consolida t.cd Ordinances of ihe Yukon Tcrri·tory ·entAt.led "Thc As~essment Onlinance" shall·he includ­ {'d in the real or personal property or inl:Ome assesscll and mentioned in sub·se~tion I (

c) and 2 (

a) of sc;;tion li of \,hc Dawson City' Ordinance. .\.

Section JoI ami amcndments I.heret.o arc herehy re[.ealed anrl the following substituted I;herefor : 14. E\·cry person res·ident wit;hin thc city of Dawson who is a Brit.­ ish suhje~t of the full age of 21 years shall be qualificd 1.0 \"ol.e at. an elc:tion of Mayor and Aldermen. (

a) If he has been rated u:,on the last rc'. isrll asse!':smcnt roll in rc­ spect of propt'l"t.y or income -and has fully rai·cl his rales and taxe'> of all kinrls on or before thc day for notl1in~t:ng candidates, or

DAWSON CHARTER. (

b) If he has not been asscssed in res,' ect to propel t\.' or' income but Not rated bllt b" e pllld poll has paid his poll tax on or beforc thc 30th day of Septembcr for thc tax. yt:ar 1!J04 'or on or beforc the 31st day of August in any year thereafter an,d has been a resident of the city for at; IClSL six months prior to the day of the election. S~C 2li

Section 25 and amendments thcrttr arr rcpcaled and the following repel\led and substituted. subst.ituted therefor: City Clerk 25.

The City Clerk shall on or te~ore t;c first day of ~ovember in ~~~I~r:I~~~:~S. ea(h year prepare for each polling sub-di\ ision in alphabctical ordcr a list of ele::tors which shall comprise tbe namcs of those persons who arc Britis'h suojects rated on the' last le, is:d assessment· ~oll of the 'city with a short description of the property or other qualification on which they are assessed and shalI 'post one copy of the same in each of thc fol- lowing places within the city, namely: The office of the City Clerk, the Postoffice, the Administration Building, the Court House, the City Sta- tion of the Royal Northwest Mounted Police and I·he Public Library I3uihling.

A copy of said list shall be kept in the City Clcrk's otTice, open the inspe:tion of the public at all tin:es during office hours. fl.

Section 27 is amended by inserting immediately' after the word "income" iri the second line thereof the words "or by payment of polI tax." 7. Se;tion 33 of the said ordina1ce is amendcd by adding the follow­ ing sub-sect'ions :

(4) Every candid'ate for the office of i\"layor shall at the time of de­ livering his nomination paper to the City Clerk depos·it in the hands of the City Clerk the sum of one hundred dollars (UOO.OO) in legal tender or in the bills of any chartered bank doing business in Canada which sum slhall be forfeited to the city if such candidate fails to receive one-half of the total number of votes received by' the candidate elected. Bec, 27 amended. Sec. s.~ amended by Rddlng .ubeectlons. Candidate lor Mayor 10 deposl t $100 00.

(5) Every candidate for the office of Alderman shall at the time of ~~:~~!~,t~!~r delivering his nomination paper to the City Clerk deposit in the hands of deposit f50.00. the City Clerk the sum of tHty dollars ($50,00) in legal tender or in the bills of any chartered bank doing business in Canada which sum shall be forfeited' to the City if such candidate for Aldcrman fails to receive one- half of the total number of the votes re~ei\'erl by the candidate elected polling the low'est number of votes.

(6) The receipt of the City Clerk shall in every case be sufficient evi­ dence of the delivery of the nomination paper and of the payment of the deposit mentioned in t.he foregoing sub-sections 4 and' 5. Receipt 01 City Clerk evidence of delivery of nomination and paymeDl of deposit.

Depo,it by f'~n<lidate fnr MH'yor ' returned i'f be reeel ves one balf tbe votes of sucf'es!-ful CRnaldate. ond for Alderman If he rec·lves one·hAIf the votes of lowest Buecc"sful t~Bnaidf:1le. Sec. M all1~nded by R<ldlJlg t:lubsectioRS:. Voter mu_t ,"ke Oflth if rpq u i re<l b)' Il~ent 01 candidate. Sub.ec (

a) Sec. 118 amcnded. Salary of MIl)"or not to Hceed ,1500 00 nnd 01 A l<ler­ meu $500.00. Rubsec a Sec. liS IImcnded. See. 158 f1mcnded by V lU. 1903. R mended

Sec. 15 of Ord. Only one member of City Conncll to b" on Court 01 Appelll. Form IIB U amended_ IHWSON CI-IAHTER.

(7) Thc sum so dcposited by any candi'c!ate for !\1al'or shall hc return­ ed io him if hc is elcc\.crl or rceeives one·half of the total number of \'otes reecil'cd by I.h,c candidate e!c·:tcd for l\1ayor, and thc sum so dcposited by any candidll-tc [or Alderman shall bc ret~rned \0 him. if hc is cle~ied or receives onc-half o[ the total number of l'oLcS receivcd b~' \.he candida1.c elr.cted for Alrlcrman polling t,lje lowe~t number of I·otes. H. Se~li()n ;),1 of tl:e said Ordinance is herehy amcnded hy adding \ hereto .I,he following; suh-sccLions :

(2) F.vcry votcr qualified io \'ot.e hy reason of pa~'mcnt of a [.011 I.ax and not otherwise shall hefore \'oting if re'luired hy any candidate or agent take the oath in forlll "I" in the ~cherlulc to this Ordinance which ~ha.1I he administered hy the Deput)' neturninl!: Olliecr, and an)' such \·ol.er refusing to talie such oal,h shall IlIlt t.hereafler he permitted t.o \ ote. rI. Suh-se~tion (

a) of t.he ftrst se2tion numbered IIIl of said O[(linan~e as amcnded is hereby amende,1 h)' add inl!; I.hereto t.l:e iollowing words 1. "nut. (.he salary for ilJayor shall not exceed SI;)OO.OO for any year subsequent (,0 the present, and t.he salary for Alderman shall no\; exeeerJ S500.00 for an)' year suhselluent 1.0 t·he prescnt." Ill.

Suh-sc(;t,ion:j of t.hc second .'·pct.kn numbered IIIl of said Ordin­ ance is hcreby amcndcrl b~' striking out the figures "7;)" and suhstituting t,he figures ";)11" thcrcfor, allll hy striking out MIC· wonls "Icvied during Lhe prel:eriing year," and suhst.it.uting 'Lhercfor t.he words "(;ollcdcrl on the assc'ssment for the next prec:eriing year." 11. Sect,ion 1:;1\ of said Orriinance as amended hy

section .1 fi of Or­ dinance No. 10 of 1!IO:i is herehy amenller\ hy a:ddinl!; thereto thc following sUb-section: (") It shall not be necessary t.hat. any member of the Court of A]1- peal in the eity of Dawson he a member of t.he City Council and no(; more ·than onc member of such Court shall he a mClllhcr of the City Council. .1 2. Form "n" of the said .Orrlinancc is herch}' amended by inserting immediately after the wonl "ha\'e" in t.hc eighth line the words "heforc the rlay for nominating canrlirla(es."

IJ:\WSON CI-IARTEI1. 43 SCHEDULE. FORM r Oath of poll tax voter:.

I cIo swear that r am Lhe person nanlcd or (Jurrort,ing to be named hy the r.amc of .... _: ..... : ........ _ ..................... on the I"otcrs' lisL ancI that I have not before voLecI at this clection anll thaI, I hal'c not receil'ed or been promis'ed any cons·ideration whatsoever for l'oLing'at this elec:Lion and that r ha\e raid ever}' 'poll tax ancI other taxes duc bl' me (on or before thc :lOth day oi September, l!Hl'l, if the e:e: t':on is hclcI on or before the month of .January, J!105, 'or on or bcfore t'. e :.ltst of August last, if thc election is held subscquent to thc month of .January, Ul(5) to the City of Dawson, and that I am a I3ritish sub:c_ t of Lhc full age of twenty-onc ycars and have been a resirlcnt 'of the City of Dawson for a ·pcriod of six mont!1s prior to the clay of elcction. ~o help me G orl.

PROTEC;TJO~ OF SHEEP, ETC.

CHAPTER 13. AN OHDINANCE FOR TJ-IE PROTECTION OF SJ-JEJ;;P AND OTHER ANIMALS FHO·l\l DOGS. (Assented to ,\ugust 2'1, I!lO.,.) The Commissioner of the 'Yukon Territory hy and with the advice and con~ellt of the Council of t,he said Territory enacts as follows: ~1~fe:r:'lb:~ln. 1. Any person may kill any dog in the act of worrying or destroying ""t of worry- cattle', horses, sheep, pigs or pou ltry elsewhere than on the enclo~ed land Ing cattle, etc, On complaint lhat dog has worried clIltle, elc., Justice of . pc ace Ma)' order dog to be killed. oc:cupi·ed by the owner of sllch dog. 2.

On complaint made on oath before a justice of the peace that any person owns or has in his possession a dog which has within three months pre\'ious, worrier!, injured or destroyed any cattle, horses, sheep, pigs or poulLry outside of the inclosed lanrl occupied by the owner of such dog, such justice of the peace may Issue his summons .r!irected to such person stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated to an­ swer to such complaint; ar.d upon con\'iction of having such dog in his possession, the jus1.1ice of the peace lIIay make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceedinlr S50 with costs.

SCI-IOOLS. ·15

CHAPTER 14. AN ORDINANCE TO AMEND CHAFTER 66 OF TI-IE CONSOLIDATED ORDINANCES OF 1'I-IE YUKON TEllIllTORY, ENTITLED "AN ORDINANCE RESPECTINU SCI-IOOLS.-" (Assented to August 2,1, 1!I01.) The Commissioner,. by and with j,he adrice and consent of the Coun­ cil of the Yukon Territory enacts as follows:

Section 3 of

Chapter 61l of the Consolidated Or·dinances of the ~~C;;:ol~~)·r~or Yukon Territory, entitled "An Ordinance Rcspect-ing Schools," is hereby amended. amended· by striking out the word "the" at the beginning of said

section and substituting therefor the word "threc·' ; and by inserting after. the word "Territory" in the fi-rst Iinc of said

section the words "named by the Commissioner." 2. The said Ordinance is further amcndC1l by adding to said

Section :~e;:J~J~hur :l the following sub-sectioll :

(2) The Commissioner shall be "ex ollicio" a memher of the Council of Public Instruction.

Preftmbl-!. 46 DAWSON efTY PLI::BISClTE.

CHAPTER 16. AN OHDINANCE TO PHOVIDE FOH A PLEIJISCITI·: RESPECTING THE DAWSON CITY CHAHTER. (Asscntcd to August 24, IfJ04.)

Whereas in the opinion of \·ery m;wy of thc raLcpaycrs of the city of Dawson the necessities oi the said !:ity imposc too grcat a hurtlcD upon thc ratepaycrs, and Whcrcas it is Ilcemed addsable that a \·oLc of I,hc said ratcpayers should hc takcn to dcLcrminc the afh"isahility uf rc\·oking the city char­ tcr ; Thcrcforc, bc it cnaetcd by thc Commissiuncr of thc Vul,on tcrritory, hy and with the advice and conscnt of the Cuuncil of said tcrritory, as follows: Commls.ioner I.

Thc Commissioncr shall, by prodamation, appoint a flay upon to Kppolnt polling dKy by which a \·ote o[ the raLcpaycrs shall hc taken to fletermine whethcr a procl"mKlIOII. lIIajority o[ such ratcpaycrs are [or or against the rc\"()cation uf said I'roclftmotion 10 na,me Helurning Officer. Relllrnlul( Officer to gh·c lloLice. le-filming Officer to provide pollin!! plKccs Run Der"ty Hetnrn ng Oflicer~. Frnnchise. chartcr. 2. Thc said proclamation shall name a ficLurning OlIiccr to plchisci tc o[ thc ratcpaycrs. hold a :l.

Thc said Rcturning Officer shall givc not Icss t.han sc\·cn days pllh­ lie noLite of the timc and plal'c [or voting at such plcbiseitc. 4.· The Hcturning Olliecr shall esLimaLc the numhcr of ratepaycrs cn­ tit.lcd to vote at such plcbiscite, anll shall provide at Icast one Ilolling placc for evcry two hundrcd ratepaycrs, and for caeh polling placc shall namc a Dcputy Hetllrning Officcr anti Poll Clcrk. fi.

Evcry pcrson who is a British subjcct anti who was assesscel upon the last reviscd assessment roll of thc city of Dawson shall, upon pro­ duction to the Ilcputy returning officer at thc poll, of a ecrtificate from thc city collector of Dawson that all his taxes ha\·c heen paid in hili, he en­ t.i\.led to vote at such election, and no other person shall bc so entiLlcd.

DAWSON CITY PLEBlSCrTE. 47 The DelJuty Returning OlIicer shall retain such certificate when s9 produced, ur.til the close of the poll, ancl then de!h'cr them to the Return­ ing Officer. 6. It, shall, be the duty of the sairl t:ity coller:t·or to issue' said certifi- f~tl~8~~lleclor rate to e\'ery person who has paid his taxes and who applies for. such certificates. eerUficate during oflice hours between tcn o'clock in the forenoon anrl four o'clock in the afternoon on any day, Sunday exceptecl, preceding the day before the clay of election. 7.

The Heturning OlIicer, Deputy Returning Officers and Poll Clerks I'hall, before entering upon their respp-di\'e duties, take the oath in Form "A" in the

Schedule Lo this Ordinance, to the proper and faithful dis­ charge of the same. Such oath may be t.aken before' a justice of the peace, or a commissioner for taking aflida\·iLs. All officers to tRke oath before perlormin~ duties. 8. Upon the day fixer! by the COllllllissiol)cr the Deputy. Returning Of· Poll open frpm9".m.lo fi-c:ers shall open the poll 'at nine 0' clock in the forenoon ancl shall keep 5 p In. t,he same open until fi\'e o'clock in the afternoon.

The'" Returning Officer ~ , shall provide a ballot box, a sufficient. numher ofhallot papers and ~,he necessary material to marl, the ballo!.s . for each Deputy Returning Of­ licer. , n. The Poll Clerks shall write in the poll voter when he olT'ers j 0 \'ole. books the name .of each Poll Clerk to write uame of ear.h voler in poll book. 10. No person shall be permitted to \'ote who refuses when required to t.ake the oath' set out in Forili "B" in Lhe

Schedule to this Ordinance. Every vnfer to Illke ollth if ~eqllirt:"d. 11. The ballot rapers for the purpose of voting unrler this OniinaJ1ce Form 01 bRllot paper. sha.1I he in' the following form: YES. NO. SHALL THE DAWSON CITY CHARTER HE REVOKED? 12. The ballot papers shall be prepareil by the Returning Oflicer. l:i.

The Rc-t.urning OfTicer shall. by .writing unrler his hand appoint fro III the applicants ior such appointlllent, or on behalf of persons apply­ ing 'to have such appointment made. two agents to attenil at each poll· in!!: station I,luring: "otin,:?; hours and at the final summing uJl of the "otes (,n hchalf of those flesirolts of an afTirlllath'e answcr to I.he qucstion, and BRllot pRpers prepareCl by "eLurnlug Officer. Rpturnlng Ollleer to a""olnt two Rgpntsfore8r.h pulling st .. tion lur ellch Bide.

How 10 volC, Dcpuly He,urulng Otfll~~r Lu sum up number 01 votes. Retnrning om'"cr to slim 110 r~"'lIlL 01 relnrns. t.,;nmmi~sinner mHy puhll'h ProdnmtlliOIl 01 result, Aller Proclamation I\ll money c!ue city 10 bc pold 10 the Comptroller. All debls,due by city 10 bc (laic! Irom suph lunds, C:om ml".loner mol' authorize rebate from taxes due.

DAWSON CTTY PLERISCITK two agents so to attcnrl on behalf of those dcsirous of ohtaining a ncga­ t.h'c answcr to the question, 14, An 'affirmath'e vote on the q:JCstiort shall he made by writing the Ictter "X" 'unllcr "hc word "Yes," and a ncgat.ive \'otc shall he llIalle hy writing the letter "X" under the word "No" opposite such qucstion, 15, After summing up the votes thc Dcputy Returning Ollicer shall disclosc the numbcr of votcs gh'en I'or and against the question submit­ ted, and then placc all ballots. poll hno:'s and oaths in (,hc hallot hox, seal UJl the same in thc presence of thc agents and return to the Return­ ing O!licer togcthcr with a writtcn s tatcmcnt of the \'otcs for and against rc\"ocat ion, H., The Rcturning Officer shall, as snon as possihle. sum up thc rcsult of thc rcturns of all thc ])cputy netur~mg' OIliCNS and maliC a rcturn to thc Commissioncr of thc rcsult of the plcbiscite, 17, If thc majori ty of the votes polled are in the am rma t.he the Commissioner of thc Yukon tcrritory may puhlish a proclamation sctting I'orth the result of such plehiscite, and thcreupon and thereafter all ~trcets, real anll pcrsonal property. assets, rights, duties, jurisdiction, (Iowcrs and privilcgcs now \'ested in, imposed uron, posscsscd or cxer­ ciscd hy the mayor and council of thc city of Dawson, or by any and all committecs of said council shall \'cst in. be imposed upon, possessed anll cxercised hy thc Commissioner of the Yukon tcrrit.ory. pro\'ided that ill regard to an~' of such matters the Commissioner shall not act, or exer­ cise any of such functions without the ad\'icc anll conscnt of thc Yukon Council where thc same would be required wcre thc act or function one re­ lating to the Yukon tcrritory beyond t.hc limits of the city of Dawson, 18.

After the publication of said proclamation all SUIIIS of money be­ longing to, or now or hereaftcr due, or accruing duc to thc city of Daw­ son from any sourcc whatsoever, or which would ha\'e a<'crued Ilue to the eity of DawsoD hut for the issue of such proclamation, shall he paid to t.he Comptroller of the Yukon territory and shall form part of thc gencral rc\cnue of the t.erritory, l!l, Al'I debts duc or accruing due hy thc city oi Dawson.' and the cx­ renses and all neecssary senices incurrcd which may bc continucd aft.er such proclamation within thc territory, within thc present houndarics of saill city, shall he p.lhl for out of su,h fund. 20, After such publication the commissioncr shall ha\'e power to author­ ize a rcbatc of thirty-three anll one-third Itcr C'cntum from thc amount of

DAWSON CITY PLEBISCITE. the taxes due by any person,. firm, or corporation upon the assessment made during the year 1904 on all such taxes as are paid to the tax col­ Ic_tor lie fore Ja.nuary the 1st, 1!105. SCI-IEDULE . .-:.r·'ORM A. Oath of Returning Officer, Deputy Returning Officer, and Poll Clerk.

I, ........................ , do swear that I ha\'e not recel\'ed any sum of mon- ey, office, employment or gratuity, or any bond, bill or note, or any promise of gratuity by myself or another, to my use or advantage, for m~king any return at this election; that I will return to the Returning Officer or Commissioner, as the case may require, a true and faithful ac­ count of the 'votes polled in this election, and that I will faithfully. dis­ charge my duty at the election ,to the hest of my knowledge and judg­ ment.

FORM B. , I do solemnly swear that I am the person named, or purporting to he nallled, by ~he name of ........................... in the certificate now shown to me; that I ha.\·e not before voted at this election, and that I have not receh-ed or been promised any consideration whatsoe\'er for voting at this election. and that I have paid all taxes' in arrears due by me to the city. of Dawson, ami that J am a British subjec't of the full agc of ·twen­ t,y-onc years. So help lIIe God.

Ser.. I or Ch.·l or Con-ni, Ord. amelldell. Sec •. i. H !In<l 9 rcpellJed alld aooended. Memberll' Indemnity. How pairt. Tr8\'ellng expenses. 50 YUI,ON COUNCIL.

CHAPTER 17. AN ORDINANCE TO Al\lEND

CHAPTER 2, OF TI-IF: CONSOL.IDATED . ORDINANCES OF TI-IE YUKO" TERRITORY, ENTITLED "AN' ORDINANCE RESPECTING TilE COUNCIL OF TI-IE YUKON TERHITORY." (Assented 1,0 Aug;ust 2-lt.h, Ifl04.) The Commissioner of the Yukon 'rerritnry, hy and with ·t.he arh'ice and consent. of the Council' of saill Terri 1.0ry, ena;;j,s as follows:

Section 1 of

Chapter 2 of thc Consolidat.erl Ordinances of t.he Yu­ I':on Territorr is .amcnded by alIrling t'H?r'et 0 t.he following subsections:

(2) The general election of represenl,ati\'es to ihe Territorial Council of the 'Yukon Territ.ory may be held before thc expirat;on, oi t\\'o years from t.hc datc whcn the represcntat.i\'es elect.ed at t.he {·hen· next precerling general cle(;tiOJf werc returnerl as clecLed, but t.he represeritat.i\·es eleeic·;I hefore thc expirat.ioll oi the term of office of any pre\'iously elected rcprc­ sentat.h'cs shall not cntcr upon t.hcir olfiees as such rcprcscntat.ives un­ til such two years ha\'e expired. 2. Sedions 7, 8 ami n of

Chapter 2 of the Consoli·datcd Ordinanees of 1.11('. ':ukon Territory arc hereh)' rcpcaled, and thc following suhstituicll t herefor : 7.

The Commiss·ioner shall pay to ca'; h c'cctcc! memher of I,hc 'Yukon Council an indcmnity of six hundred dollars for each year of ser .. vice after election. provided always that a deduction at the rate of fif­ teen dollars per day shall he made frolll s:.Ich inrlemnit)' to any memher for every day for which the council has hcen summoned or t;o which it is adjourned, and for every meeting of anr commit.Lce of such council, of which notice has hecn gh'en on which such memher does IICt. at.t-enrl. 8.

Such inrlemnitr mar be llai:1 irom time t.o timc as any mem­ ber hecomes entitled to the samc, 1.0 thc extent. of t.wen{;y-!i\·e Ilollars for each day's attendancc. hut three hundred dollars less tile amount already paid may be paill al. t.hc end of each six months of an)' fiscal year. n, There shall also be paid to (a h mcm her of the Counci I :'0 cent.s per mile for each mile of thc distam'( h"t.wcen t.he placc of resirlence of such mcmber at the time of his cl:c1.:on and t.irc plate at. whieh t.he scs-

YUKON COUNCIL. 5L sion of the louflc:J is held, reckoning sudl distance going anti coming ac­ cording to the or·dinary mail route, which distance shall he rleterminell and certified by the Commissioner. 3. The Sche(lule to Chapt.er 2 of the Consolidatell Orclin~nces Yukon ~rr~~~kn,I'~II"Dd Territory is hereby struck out and the Sthedule to this Ordinance is suh- substituted. stituted thcrefor, anti. t.he

Schedule to this Ordinance shall he (leemed to be

Schedule I to said

Chapter 2. 4. This Ordinance "hall not affect;· any ele:ted member now holding OrdlD8n~e Dot to effect pru- his '~eat in the Yukon Council, hut every such member shall bc, untAI his ent members. term of olnce expires, a repre:;entath'e of the electoral district for which he was elected.

SCHEDULE 1. 1.

The Electoral District of North Dawson sha'l consist of all t.hat -j'ortion .. of t.he Yukon Territory comme!lring at the point of intersection of tt:e easter~ limit of the Yukon Territory with the watershed dividing­ Peel Ri\'er and its tributaries from the Stewart Riler anll its trihutar­ ies ; thence westerlr along said watershed to the hrad of the Klondike Hher; thence southerly and wester.ly along the centre of the main chan­ nel of the Klondike Ril'er to its intelsection with -I·he lCastern bound:,ryof the City of Da_\V~·on; thenee northerly along the eastern boundaq' line of the City oi Da.wson to its intersection with the prolongation of t,he cen­ tie line of King street; thence southerly along the centre line of King street and its prolongation to the cent:e -of the Yukon lOver; thenqe­ along the centre of the main cha.nnel of the Yukon Ril'er to the mouth of Dawson Creek; thence up Dawson (;rce:, to _the watershEd dividing the Fortymile River and tributa.ries from the Sixt}'mile Ri\"~r and tributar­ ies; then:e westerly alon!!; said watershed to its int.ersection .with merid­ ian 141 degree!! west; _ thfm,"(; north, a:ong; said meridian to the northern limit of -the Yukon Territory; then::e caslelly and southerly along t.lle northern and east.ern tilllits of -the Yul on Territory to the point of CO!\1- men~ement, and such ele~toral distrit t i'iha!1 return one member. 2.

The Ele::t.oral District. of 80ut.h Dawson shall consist of all that rortion - of the Yukon Territory commflloin~ at the junct ion of the K Ion­ (lil-e River ,with the eastern houndary of the City of Dawson; thence northerl}' alcng -the ea'tern city limit of Dawson to its 'interse::tJion with t-he prolongation of· t,he centre line of" King street; tJhence southerly alon;!; t.he centre line of King street and a prolongation thereof to the centre of the Yukpn River; thence along the centre of the Yukon River to the mouth of Daws-on pre~k; them'e u!) Daw-son Creek to the watershed di­ I-iding the Fortymile River ann trihutarie5 Irom the Sixtymile Rh-er and I rilElt.arics ; then'e aJr:ng said -watersherl to its interse-:tiol1 wit.h meridian

52 YUKON COUNCIl.. Hi degree:; west; thence south along said meridian to its intersect-ion w.ith the main channel of the White Hiver; thence down stream along the ('entre of the main channel of the White Ri\er and YUkon Riyer '1.0 the mouth of the Klondike Ril"!~r; then.e up-stream along the centre of the main channel of the Klondike River 10 the l:oint of cOJllmencement, and SII(;h electoral district shall return onc memher. a.

The Electoral District of KlonC!i~.e shall consif>L of all Lhat, 1I0r­ I. on of the Yukon Territory cOlllmen~ing at l~ roinl. in thc (;cntre of the r;londi~.e Ri\er at the old Bonanza Upper Ferry Cro~sing • thence along Ihe centre af the ohl Bonanza trail with its jlin~tion with the Hid!!;e I{r;a:d so calle!1 ; thence along the cell tre line of thc Ri11ge Road anti the wate;shed hetween Bonanza 'and Hun~er Creeks to King Solomon's Dome; (,hcn:'e alon!!; the watershed divilling Sui; hur 011111 Quartz Crce:,s to the \:(ntre of the lllllian Hil'er at the mouth of AusHalia Creek; (,hence uII t.hl~ centre of Indian Ril'er to it.s intersection with the Whitehorse Ol'er­ lantl Trail; thence along saill Whitehorse Ol'erlallll Trail to its interse.:­ tion with the watershe!1 tlil'iding the ~tewart Rh-er and its· trihutaries from the Pelly River and it.s t.ributaries; thence easterly alonl1i the said water~hed to the east.ern limit of said Tcrritorl'; thence northwesterly along the eastern limit of t.he sai!1 Territory to its intersect.ion with the watershed dividing the ·Peel Ril"er anti its trihutaries frolll t.he Stewart Hiler and it.s Lributaries; thence wes'Lerly along the said wat.ershed to the h~a:tI of the Klondike Ril'er; thence o;out-herIy anti west.erly along the centre of the main channel of the Klondilie Ril"er t.o t.he IJoint. of com­ mencement, anti sUlh elect.oral tlisLrict shall return olle membcr. 'I.

The Ele:toral District of Bon:n~a shall consist of all that portion of Ithe Yukon Territory cOlllmencing at a point in the cent.re of I·he K lon­ !like R·iver at the cross·ing of t.he old Bonan~a liPFer Ferr~' ; thence along tlhe centre of the old Bonanza trail 10 its junction with the Rillge Roa!1 ; t·hen·,e along the centre line of t.he Ri·rlge Roat! along t.hc watershed Ilil'irl­ in!!; 1'lImber and Uonanza Creeks t.o King Solomon's Domc; thence tlown t·he watershed dil'iding Sulphur from Quartz Creeks to the cenlre of In­ rlian Ril'cr at (.he mout.h of Australia Cree', ; thence lip t.he ccntre of In­ rlian.

Ril'er to its intersc<:L'ion wit.h t.he Whitehorsc Ol'erlantl Trail; thence a."ong said Ol"erlanll Trail t.o it.s illt.er~cction wiLh the watershcrl flil'itling ~,tewarl. Riler anti its tribut.aries from the Pelly RiI'er anti it.s trihutaries; tllen':e along saitl walers'hed 'to t.he eastern limit of sai·tI Territory; t.henl'e sOllthe~sterly anti westerl~' along the eastern anti southern Iimit.s of the Yukon Territ.ory to the interseet .. ion of the southern houndary line of sait!

Territory with the watershetl tlil"i·!t"ing the Pcll)' !lil'er anti t.ributaries from the Yukon River and trihutaries; thence northwesterly a'ong said watershed to thc confluence of the YU~;OJi anti Pelly Ri\'crs ; thence rlown the cent.re of t.he main channel of the Yukon Hil'er t.o· t.he

YUKON COUNCIL. mouth of theKlon<li~e River; thencc up the centre of the Klondi~e River to the point or commencement, and sHch electoral district. shall return onc member. a. The Electoral District of Whilehcirse shall c.onsist of all those por­ tions of the Yukon Territory not included in Electoral Distriets Numbers 1, 2,.3, and <1 he,reinberore described, and such electoral district shall re­ turn one member.

Commissioner todlvirle eleelMHI di-trl"t. into 'lolling dl vl.lona Rnd .ppoint 8Bsessors. Revlsors mllv vote wbere liis duties are exercised. DutleB of re\'isar. RevlBor to compile IIpt. Revlsor 10 use AS bRals nl his list the list comoiled lor election 10 lIon.en! Commons. 54 . VOTERS' LTSTS.

CHAPTER 18 • . AN ORDINANCE TO PROVIDE FOR VOTEHS' LISTS FOR ELEC­ TIONS TO THE YUKON COUNCIL. ( A sscn Icd Lo ,\ ugust 24 t h, HlO".) Thc Commissioner of thc·. Yukon Territory hy and wiLh the adviec anrl conscnt oi the Council of said Tcrritory, ena~ts as follows: 1. Thc Commissioner may dividc cJ.ch clectoral district into as many f.olling divisions as may hc neccssary anrl n~ay appoint such numhcr of lcrisors as may bc ncccssary to prcpa(c a list· of pcrsons cntitlcd to vole at cledions of a mcmbcr for thc Yukon Council for eadl such poll­ ing tlivision. 2.

Eycry rcdsor shall bc qualified to votc anti a rcsident within the elcctoral rlistrid within which his tlutie~ arc to be exercised and shall beforc acting as such take thc oath of ofIice in form "A" in thc schcrl­ ule to this Act. 3.

Every revisor aftcr taking said oat h shall post up at three of thc most puhlic plaecs within thc polling division to which the list rclates a noticc that hc has heen appointed rel"isor for thc polling; division and that he will procec:1 forthwith to compile, and within thirty days will COIll­ plete, thc voters' list for thc polling c!i vision, and dcsignat.ing tl!c officc or plaec wherc he may be found and the tin,c during which he will attenil :1.t such ofIiee for the purposes of revis,'on.

(2) Such timc shall bc not less than light hO:Jrs pcr day for not less tl.lan the days, which days and hours sha·l be spccil1cII in such noticc. ,I, Eveq' revisor shall, immediately aftcr taking thc oath of office compile a list of thc persons .qualified to vok in each polling district at such· election, anti he shall make three plainly writtcn copies thercof, with the names of the \·oters alphabetically arranged, gi\·ing thc occupa­ tiou anll resilIence of cach voter in ·thc feflll "B" in tlw s~hctlule to this Act. 5 ..

In the compilation of such list, thc rcvisr.r may U1ie as a basis thc lists of voters prepared for thc last elcdion of a melllber of the I·lousc of Commons of Cana;da for the Yukon Territory, taking Ulcrefrom the names of s:lch pcrsons as hc belicvcs to l:e duiy qualif:cll, and shall enter

VOT[':RS' LISTS, 011 s:lch list thc nalllc of cvcry pcrson whethcr on such lists or not who pro\'es to hi m that hc is qualificd to \'ote, G, Evcry revisor shall coml>lete, date at his placc of residence and Revlsor to pasr two ~ign the votr.rs' list for ca.ch Ilulling division within his dis'Lrid, and he copics o( eompleted liBt, ~:hall forthwith post UJl in two o[ the most puhlic plac-es w'ithin such pulling division copies uf such lis,t an~1 ~,hall retain one copy for revision, 7, 'If anr rC\'isor at any time after posting up anr voters' list, and se\'en clays before thc polling day, is fully satisfiecl frolll representations made to him by any crcdible person I·hat the name o[ any qua.lified voter has been omittcd from the \'oters' list of the polling dh'ision to which such voter belongs, he shall add such nalllc to thc copy of the list in his possession bclow his own sip;nature, and shall mark such addiLion hy his init;als; if the rcdoor in likc manner is fully satisfierl that therc is on Hlc list the namc of any, pcrson who is not qualified as a votcr in such polling dh'ision hc llIay llraw crasing Iincs through such liamc, and write his own in'itiais oppositc thcreto in thc column [or "remarks" ; ancl if the rcvisor tinds thc otcul>ation, adllit.ion or 'rcsillen~c o[ any votcr t.o he in­ accurately stat.ed i!1 thc list hc llIay lIJa~:c the ne:cssary allcration and atJix h'is initials t,hcrcto in likc manner, 2, Not;ice of the Limc and place of makinp; such additions and of mak­ ing such erasurcs or alterat,ions shall be giHn hy posting such notice in thc rcvisor's oflice and in two public places for at least two da.ys· before such timc and any person affccted by any such changc shall he entitled to attend at such, time and placc hy him,cif or his agent anll oppose such change. 8, Erery revisor; having re\'isc:1 an'l corrected such retained copy of each voters' list compilell by him, if he deem such corrcdion neccssary, as prol'ided ill thc ncxt preccding scet- en, shall wriLe at the foot of such copy and clo;;c to the last name therron, at least two days before the polling day, a ccrtificate in the form of thc sC2on<i certificate containetl in [orlll "Il" in the sthcdulc to this Act" n, ,The revisal' shall deli\'er a copy of the \'oters' list so ccr(,ificd forthwit.h to t.hc Dcput;y Rcturning Officer for thc polling llirision to whit'h such list rclatcs allll shall [or'(,hwith cause to he Ilclivcrcd the votcrs' list so (;ertiliccl to the Commissioner, and every sueh list as rcccired hy such Dcput.y Returning Oflicer shall hc t.he \'otcrs' list, ior the polling di\'ision 10 which it relates, Hevisor mBY Bdd to or "Crlke (rom list to witbin se\"en r1a\"R or polling dll)" Notice .. /lime "nd place where BlterRt~ont;J are InRde to be glvcn, CertiH~.te to be odded 10 revif'cd Honet corrected list. by rpvisor.

Gerti fieri list to be deli veretl to the Deputy RetllrniJJ(I Ol8cer, 2, Any candidat.e or hi:, agcnt duly aprointed in writing shall he en- ~1~~7i:tt~' titlcd t:l rc~'circ a copy of su"h "aters' list, frolll the re\'isor as soon as COPl'o/li>t.

1"11 bsec. 2.

Sec. 8. Se" 49. Sec •. 61 to i':l, both induslve; Secs 80, 81. 8~ Hnrl 90 to 99. bOlb i uc1u.i ve oICh.:l. Con.(J1. Ord. r~I,eRled. Sec.~ arncnde<:l. Scc. 24 hrncu(\ed VOTERS' LISTS. the same is revised, upon paying therefor at the rat·e of 1,W(} cents per \:o(.er named on such list. 10. The following portions of

Chapter :i of the Consoli(lated Ordin­ ances of the Yukon Territory, entitled "An Ordinance Respc(;\,·ing Elec­ t.ions" are hereby rcpealed, that is to say: Sub-section 2 of

Section 8 ; Sections ·If); Ii L to H hoth inclusi·. e ; 811 81 8'1 no to