Consolidated Ordinances of the Yukon Territory, 1942 — Ordinance respecting amend "The Gasoline and Fuel Oil Tax Ordinance"

Consol. Ord. 1942

Yukon — Historical Statutes

ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1942 GEORGE ALLEN ]ECKELL CONTROLLI!R Prioted aad PubUaft.ed for tbe Government of lh. YukoD Tcnito.y UDder Authorlt., of

Chapter 75 of the CODlOlidated Ordiaanccs of "'4 BY PIBRCY POWELL. Killl!'. Prlnt.r

ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1942 GEORGE ALLEN ]ECKELL CONTROLLER Printed and Published for the Government of the YUkOD Tenitory Ullder Authority of

Chapter 75 of the Consolidated Ordillallces of J9J4 BY PIERCY POWELL. King's Print ••

TABLE OF CONTENTS Chap. Page. 1. An Ordinance to amend "The Gasoline and Fuel Oil Tax Ordinance" ................................................. .............................. 1-2 2. An Ordinance to amend "The Assessment Onlinance··...... 3 3. An Ordinance to amend "The Yukon Health Ordinance" 4 4. An Ol'dinance to amend "The Income Tax Ordinance. 1940" ............................................................................................ 5 6. An Ordina.nce to amend "The Poll Tax Ordinance.............. 6 6. An Ordinance to amend "The Motor Vehicle Ordina.nce" 7 7.

An Ordinance to amend "The Yukon Game Ol·dinance" S S. An Ordinance Respecting the Adoption of Infants................ 9-12 9. An Ordinance .to Provide for the Maintenance of Children of Unmarried Parents ............................................................ 13-20 10. An Ol'dinance to amend "The 'Vorkmen's ·Compensation Ordinance" ............................................................................... . 11. An Ordinance to amend "The Judicature Ordinance". ...... . 20 21 12. An Ordinance to .amend "An Ordinance Respecting Dogs" 22-23 13.

An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory and the City of Da wson........ 24-29

CHAPTER 1 AN ORDINANCE TO AMEND" THE GASOLINE AND FUEL OIL TAX ORDINANCE" (Assented io July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Gasoline and Fuel Oil Tax Ordinance", being

Chapter 6 of the Ordinances of the Yukon Territory, 1940, is hereby amended by striking out

Section 10 thereof and substituting the following: "\Vhere any gasoline or fuel oil in respect of which a tax imposed by this Ordinance has been paid is lIsed by any person for any of the following purposes: (

a) For the operation of stationary engInes, fixed to a solid, non-movable foundation; (

b) portable engines and tractors used exclusively for the operation of dredging, drilling, and dragline in mining operations; (

c) for the operation of railway cars and other motor vehicles running only upon rails; New

Sec. 10. .consumption In Station ary Engines, Mining ]'Jquipment, etc.

Refund. Gas and 011 for U. S. ,Go .. t. exempt from tax. 2 GASOLINE TAX ORDINANCE, AMENDMENT and when the person by whom the gasoline or fuel oil is su used produces to the Territorial Treasurer within three months after the date on which the gasoline or fuel oil \vas purchased from a vendor, satisfactory proof, in the manner prescribed by the regulations, of the payment of the tax, and of the use or consumption of the gasoline or fuel oil, the Territorial Treasurer shall refund an amount equal to 3 cents per Imperial gallon of the quantity of gasoline or fuel oil so used." 2. The said Ordinance is further amended by adding the following imlllediately a fter

Section 11 thereof: "12. Gasoline and fuel oil used in: (

a) Any equipment employed in the construc tion of the Alaskan Military Highway: (

b) Any military planes operated by the Cana dian or United States Armies; (

c) An}' planes operated under charter to the United States Government j shall not be subject to the tax hereby imposed."

CHAPTER 2 AN ORDINANCE TO AMEND "THE ASSESSMENT ORDINANCE" (.l1sscl1ted to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:

ASSESSl\'IENT ORDINf\NCE, AMENDMENT 3 1. The Assessment Ordinance, being

Chapter 5 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding the following immediately after

Section 18 thereof: "( 2) The Commissioner may, by subsequent procla mation, withdraw from the' application of said Sections 19 to 20-A both inclusive any area or areas which have been brought thereunder. In su:h event the Commi!;sioner may direct the Territorial Treasurer to refund such proportion of the taxes or license fees theretofore paid for the current period as he shall deem proper." 2. The said Ordinance is further amended by striking out the figures "$25.00" in part· (47) of

Section 20 thereof (as enacted by

Chapter 8,

Section 5, of the Ordinances of 1940) and substituting therefor the figures "$60.00." 3. The said Ordinance is further amended by adding immediately after part (47) of

Section 20 thereof the following: \Yilhdrawal of 'areas f"o:n Sectlnns 19 lo 20-A. p",·t 47 of

Sec. 20. "( 48) Dry Cleaning and Pressin2: Establishment with. ·\ddlllons to ~

Part 47. equipment, $27.50. "( 48-

A) Hand Laundry, inclusive of hand"deaning and hand-pressing, $10.00. "( 49) Public Telephone System operating more than 25 telephones, $120.00." 4. The said Ordinance is further amended by enacting that the license fee provided for in Item (15) of

Section 20 thereof shall no't be levied against The Yukon Electrical Company, Limited, in respect of its electric light plant in the Town of Mayo for the year ending March 31st, 1943. Relief to Yukon Electrical Company, Limited.

A lIal~·sis of water by Health Officer. Procedure where wutor not pure. \Vhen water later found to be pure. 4 YUKON HEALTH ORDINANCE, AMENDMENT

CHAPTER 3 AN ORDINANCE TO AMEND "THE YUKON HEALTH ORDINANCE" (Assented to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Yukon Health Ordinance, being

Chapter 40 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding thereto immediately after

Section 24 of the said Ordinance the following: "24-A ( 1) The Medical Health Officer may analyze or may have analyzed any water which is being used or sold or offered for sale or lIse in any part of the Territory fOl which he has been appointed to act as such Health Officer. 2.

If the result of such analysis shows, in the opinion of such Health Officer, that such water is not of a pure and wholesome nature, and in every respect suitable for con sumption by man and beast, the Health Officer shall by written notice served on the person or persons using such water or controlling its use or supply, forbid the future use or supply of such water. 3.

If at any time after the giving of such notice steps are taken by the persons using such water or controlling its use or supply, to render the same safe for consumption (either by chlorination or other means), and if upon analy sis the water is then found to be safe for consumption, the Health Officer shall withdraw his ban on the use and supply of such water.

YUKON HEi\LTH ORDINANCE, AMENDMENT 5 4. The Health Officer may by written notice direct that any well or wells which are the source of water found not to be safe for consumption as herein provided, shall be forth with filled up by the owner, lessee, or person in possession or occupation of the premises on which they are situated. 5. Any person who fails to obey a di recti on of the Medical Health Officer made under the provisions of this

Section shall be guilty of an offence and shall be subject to the penalties prescribed by

Section 32 of this Ordinance."

CHAPTER 4 AN OR DINANCE TO AMEND "THE INCOME TAX ORDINANCE, 1940" (.1ssented to JUly 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. No tax shall be assessed, levied or paid under the provisions of "The Income Tax Ordinance, 1940", being

Chapter 7 of the Ordinances of the Yukon Territory, 1940, in respect of any income earned during the years 1941 and 1942. Filling of wells which are source of water not safe for consumption. Penalty. ~o assess-' ment for Income earned In 1941 and 1942.

l-'eI"SOnR of IS yearR to I>ay )loll tax. Helief f,),' Alaskan Highway pCJ'"onncl. etc:. 6 THE POLL TAX ORDINANCE, AMENDMENT

CHAPTER 5 AN ORDINANCE TO AMEND "THE POLL TAX ORDINANCE" (,1S.leIlled 10 ll1ly 21sl, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: I. The Poll Tax Ordinance, being

Chapter 1 of the Ordinances of 1918, is hereby amended by striking out the words "twentv-one" in the second line of sub-section (

c) of

Section 2 of the said Ordinance, and substituting therefor the word "eighteen". 2. The said Ordinance is further amended by adding thereto immediately after

Section 4 thereof the following sub-section: "

(2) All officers and personnel of the United States Army, and all officials and employees of the United States Government, or of any Commission of the United States Governlllent, and any person ordinarily resident in the United States of America, who is temporarily working in the Territory on highway, railroad, or pipeline construction, shall be exempt from the provisions of this Ordinan!=e."

l\tloToR VEHICLE ORDINANCE, AMENDMENT 7

CHAPTER 6 AN ORDINANCE TO AMEND "THE MOTOR VEHICLE ORDINANCE" (Assented to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Motor Vehicle Ordinance," being

Chapter 66 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding immediately after

Section 10 thereof the following section: "IO-A. Notwithstanding anything contained in Sec tions 5, 9 and 10 of this Ordinance, the Territorial Secre tary shall issue and deliver to the owner of each motor vehicle only one number plate instead of the two plates heretofore issued. Such single plate issued shall be attached to the back of the vehicle, and all provisions of the said sections referring to the number plate heretofo"re attached to the back of the vehicle shall apply to the single plate to be henceforth attached in that position." 2. The said Ordinance is further amended by adding thereto immediately after

Section 42 of the Ordinance the following: . One number plate to be used. To be H ttached to back of vehicle. "43. No vehicle employed in the construction of the, Vehicles Alaskan Military Highway by either the United States 1~~~k~~ Army Corps of Engineers, or the United States Civilian ~gj~~~)~onot Roads Commission shall be subject to any of the provisions Ordinance. of this Ordinance having to do with licensing or registra- tion."

Hesldent licellse~ fnl' I;. S. ~taff 011 AlaHI;:an Highway con~lt'lIc tlon. Regula lions b,· Controller. Licensees to be subject to Ordinance. 8 YUKON GM'IE ORDINANCE, ArvIENDMENT

CHAPTER 7 AN ORDINANCE TO AMEND "THE YUKON GAME ORDINANCE" (/lsscnled to luly 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Yukon Game Ordinance, being

Chapter 1 of the Ordinances of 1938, is hereby amended by adding there to immediately after

Section 79 of the said Ordinance the following:

(2) The Controller may make special regulations (and from time to time amend the same) pro viding for the issue of Resident Hunting Licenses to members of the United States Army Corps of Engineers, and to members of the United State~ Government Service in the Public Roads Admin istration, while such persons are in the Yukon Territory and engaged on work in connection with the Alaskan Military Highway. Any such regulation or amendment thereto shall take effect on the day on which it is signed by the Controile'!', and shall be published in the issue of the Yukon Gazette next following sllch day.

(3) The fees payable for such licenses, and the privi leges of the licenses shall bt' the same in all respect as if such persons were "residents" as defined by this Ordinance.

ADOPTION OF INFANTS ORDINANCE 9

CHAPTER 8 AN ORDINANCE RESPECTING THE ADOPTION OF INFANTS (Assented to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts' as follows: 1. This Ordinance may be cited as the "Adoption of

Short title. Infants Ordinance." 2. Any unmarried persons of the full age of 21 years or a husband and wife jointly may by petition to a stipendi ary magistrate apply for leave to adopt an infant or infants not in the relationship of brother or sister or uncle or aunt by the whole or the half blood to the petitioner or peti tioners. 3.

(1) The stipendiary magistrate may on the return of the petition if satisfied of the ability of the petitioner or petitioners to bring up and educate the infant in a proper manner, and having regard to the welfare of the infant and the interest of the natural parents if living, of the fitness and propriety of the adoption, make an order for the adoption of the infant by the petitioner or petitioners.

(2) Every order for adoption shall recite the facts evident upon the hearing of the petition, set forth the condi tions, if any, imposed in respect of the adoption upon the petitioner or petitioners and declare the surname by which the infant shall thenceforth be known. Petition for acloption. Orcle,' by Magistrate. Form of orcler.

1I1egl tI ma'C~· not to he recited. Consent ,.equi,·ctl in certain caS~:i. Effect of n,·<1cr. 10 ADOPTION Of INFANTS ORDINANCE

(3) Illegitimacy shall be excluded from any recital of facts in an order for adoption.

(4) Save as in this

section otherwise provided no order for adoption shall be made without the written con sent of: (

a) the infant when above the age of 14 years; (

b) the parents of the infant or survivor of them: or the parent, guardian or person having the lawful custody of the infant: or the mother only where the infant is illegitimate; (

c) the parent by adoption in case of a subsequent adoption; (

d) one of the next of kin to the in fant where sllch infant has no parent or guardian.

(5) The stipendiary magistrate may in his discretion dispense with any such consent other than that of the infant. 4. \\Then an order for adoption is made and while it remains un rescinded the effect shall be: (

a) to divest the natural parents, guardian or person in whose custody the infant has been of all legal rights in respect to such infant and to free such person or persons from all legal obligations and duties as to the maintenance of such infant. (

b) to make such in fant for the purpose of the custody of the person and right of obedience to all intents and purposes the child of the petitioner or petitioners. (

c) to give to the infant: . (

i) the right to be known and described by the surname accorded him by the order;

ADOPTION OF INFANTS ORDINANCE 11 (ii) the same right to any claim upon the peti tioner or petitioners for nurture, maintenance and education that wou;d be his were the petitioner or petitionc:; !Iis natural parent or parents. 5. ( 1) A person adopted in accordance with the pro- visions of this Ordinance shall in case of intestacy, (

a) succeed to and take the same share of property of the petitioner or petitioners that he would succeed to or take, and (

b) stand in regard to d:e legal descendants but to no other of the kindred of such petitioner or petition ers in the same position as if born to such peti tioner or petitioners in lawful wedlock.

(2) If such person die intestate his property: (

a) acqui red by gi ft or inheritance from the petitioner or petitioners or either of thein or from the kindred thereof or by himself shall be distributed in the same manner as if he had been born to the petitioner or petitioners in lawful wedlock. (

b) acquired by gift or inheritance from his natural parents or either of them or from the kindred thereof shall be distributed in the same manner as if no act of adoption had taken place.

(3) No such person shall by being adopted lose his right to inherit from or succeed to the property of his natural parents. or kindred. . 6. A person adopted elsewhere than in the Yukon Territory and the parents by adoption of any such person shall in the case of inte:;tacy respectively have the sallle rights in respect of the property of the deceased situate in the Yukon Territory as he or they, as the case may be, would have if such property were' situate in the place of such. adoption. RighlS of adopted eel"SOn in case of intcBt.'1.cy. Rights in Yukon of persons adopted elsewhere.

I~ffect ot ordel" on prIor acts of !!.doptlon. Order to be filed in office of Clerk of Court. Hecord of proceedings not to he published. Hules of Judicature Ordinance to apply. Tariff of fees. 12 ADOPTION OF INFANTS ORDINANCE 7. Upon the issue of an order of adoption of an infant under the provisions of this Ordinance all the legal conse quences of any prior order or act of adoption of such infant shall determine except in so far as any interest in property may as a consequence of such prior order or act have vested In such infant. 8.

(1) Every order of adoption granted under the provisions of this Ordinance together with the petition and all documents connected with the hearing thereof shall be deposited of record in the office of the Clerk of the Terri torial Court of the Yukon Territory, and the stipendiary magistrate granting the order shall forthwith transmit a duly certified copy of the record to the Registrar General.

(2) No record of the proceedings upon any petition for adoption under the provisions of this Ordinance other than the resultant order for adoption shall be published or disclosed to any person except upon the direction in writing of a stipendiary magistrate. 9. The practice and procedure upon applications to the stipendiary magistrate under this Ordinance shall be governed by the Judicature Ordinance and the rules from time to time in ';:ffect thereunder. 10. The tariff of fees to be charged by the Clerk of the Territorial Court of the Yukon Territory shall apply in respect of the filing in that Court of any documents under this Ordinance.

CHILDREN OF UNMARRIED PARENTS ORDINANCE 13

CHAPTER 9 AN ORDINANCE TO PROVIDE FOR THE MAIN- TENANCE OF CHILDREN OF UNMARRIED PARENTS (Assented to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as the "Children of ShQ'·' title. Unmarried Parents Ordinance." 2. In this Ordinance, unless the context otherwise reqUIres: '·'Magistrate" means any Stipendiary Magistrate, Polic~ Magistrate, or any two Justices of the Peace.

"Mother" means any single woman or widow who has been delivered of an illegitimate child, or who is pregnant and likely to be delivered of an illegitimate child, or any married woman who is living apart from her husband and who has been delivered of an illegitimate child, or who is pregnant and likely to be delive·red of an illegitimate child, and who was living apart from her husband at the time of the conception of the child. "Territorial Secretary" means the Territorial Secretary of the Yukon Territory, and includes the Assistant Terri torial Secretary. Interpreta tion.

Duty of Heglstrar of Vital Sta tlstlcs. Teni torlal Eu(;retary to make enqlliry. :'.lothcr Inay apply to Te .... ltorlal SecretaI"'· rOI· advice. SUllllnons to pnta li\'e rathol·. \\'100 may make complaint. 14 CHILDREN OF UNMARRIED PARENTS ORDIN.'\NCE , 3. Every Registrar of Vital Statistics shall noti fy the Territorial Secretary of the birth of every child born out of wedlock registered in his office under the "Vital Statistics Ordinance," and of every birth so registered in such a manner as to suggest that the parents are unmarried or unknown, with such particulars as the Territorial Secretary may reqUire. 4.

It shall be the duty of the Territorial Secretary by enquiry and investigation to obtain all information possible with respect to every child born out of wedlock, and the Territorial Secretary shall take such proceedings and do all such things as are p·ermitted or required under this Ordin ance as may seem to him advisable in the interest of the child. 5. Every woman who is a mother within the meaning of

Section 2 may apply to the Territorial Secretary for advice in any matter connected with her child or with the birth of her child, and the Territorial Secretary shall take such action as may seelll to him advisable in the interests of the mother and the child. 6.

(1) Upon information on oath made to a Magis trate that any woman has become a mother within the meaning of this Ordinance, stating whether or not the child has been born, and stating the name of the person alleged to be the father of the child, the Magistrate may issue a summons requiring the putative father to appear at a time and place mentioned in the summons, or, if he sees fit, the Magistrate may issue a warrant for' the apprehension of the putative father, and by the summons or warrant, as the case may be, shall require the putative father to answer to the cOlllplaint and to be further dealt with according to law.

(2) The complaint may be made by: (

a) The mother or her next friend or guardian, or (

b) By the guardian of the illegitimate child, or

CHILDREN OF UNMARRIED PARENH ORDINANCE 15 (

c) By the Territorial Secretary. \\~aITant

(3) The fact that a summons has been issued shall mn)' issue, not prevent any Magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the appearance of the putative father.

(4) It shall not be necessary to make a warrant issued under this

section returnable at any particular time, b~t the same shall remain in force until it is executed. 7. No affiliation order shall be made upon a complaint under this Ordinance unless the complaint is made within the lifetime of the putative father" and: (a) \Vithin one year after the birth of the child; or (

b) Within one year after the doing of any act on the part of the putative father which affords evidence of acknowledgment of paternity; or (

c) Within one year after the return to the Territory of the putative father where he has been absent from the Territory at the expiration of the period of one year from the birth of the,child. 8.

(1) If the putative father appears at the time and placementioried in the'summons, or if the putative father does not appear at the time and place aforesaid and proof is furnished to the satisfaction of the Magistrate present at the hearing of the due service of the summons a reasonable time before the time appointed for the appea r anee, or if the putative father is brought before the M agis trate present at the hearing by virtue of a warrant, the Magistrate may proceed to inquire into the matter of the complaint, and may make an order de'claring the putative father to be the father of the child, and requiring him to pay either to the Territorial Secretary or to the mother, as the Magistrate may in his discretion consider advisable: -\Vhen complaint must be made, P,'ocedul'e on hearing.

IF' Power of Magistrate,

Unh~l" rnay rctluire :!lnther to (~ontl"ihule" If pUlat""p. ~':Ither does /l4lt appear; ":\'i.ag'istl'ute mav tSHue warrant. 16 CHILDREN OF UNMARRIED PARENTS ORDINANCE (

a) The reasonable expenses for the maintenance and care, medical or otherwise, of the mother during the three months last preceding the birth of the child, at the birth, and during such period after the birth as may in the opinion of the Magistrate have been or be necessary in connection with or as a consequence of the birth of the child, taking into consideration the circumstances of the case, and the evidence of any duly qualified medical practi tioner made in respect thereof. (

b) A sum of money weekly towards the maintenance of the child until the child attains the age of sixteen yea rs. (

c) The expenses of the burial of the child in case of the death of the child before making of the affiliation order.

(2) The Magistate may in his discretion, by the affil~ ation order or by a subsequent order varying il, require the mother to contribute a sum of money weekly towards the maintenance of the child until the child attains the age of sixteen years.

(3) In case the putative father does not appear at the time and place mentioned in the summons and proof is furnished to the satisfaction of the Magistrate of the due service of the summons a reasonable time before the time appointed for the appearance, the Magistrate may, if he thinks fit, instead of proceeding ex parte to hear and deter mine the complaint in the absence of the putative father, issue his warrant as the Magistrate to whom the complaint was made might have done in the first instance for the apprehension of the putative father, and adjourn the hear ing of tht: complaint until the putative father is appre hended; but nothing done under this sub-section shall pre vent the Magistrate from proceeding eo''' parte at any time he thinks fit, in the event of the putative father not being apprehended.

CHILDREN OF UN;\'IARRIED PARENTS ORDINANCE 17 9.

The IVIagistrate shall fix such sums for maintenance as will enable the child to be maintained according to a reasonable standard of living, and the Magistrate shall be governed ill his findings by a consideration of the probable standard of living the child woul<;l have enjoyed if he had been born to his parents in lawful wedlock. la. 'Where an affiliation order has been made under this Ordinance, then upon application from time to time of the Territorial Secretary, or of either' parent of the child, or of the child, or of any person entitled to make complaint in respect of the child under this Ordinance, and upon proof that the means of either parent or the needs of the child have altered in amount since the making of the affiliation order or the latest subsequent order varying it, any IVlagis trate may vary the original or subsequent order so made. 11. \Vhere an affiliation order is made or varied under this Ordinance the Magistrate may require the putative father against whom the order is made to furnish such security for the performance of the order and in such manner as the Magistrate may direct; and if the putative father fails to furnish the security required, the Magistrate may forthwith commit him to gaol, there to be imprisoned with hard labor for a term of not less than six months and not more than twelve months, or until he furnishes the security and pays the costs and charges of the commitment and conveying of him to gaol. 12.

The provisions of

Part XV of the Criminal Code of Canada, relating to

summary convictions, as to appeals and the proceedings therein and incidental thereto, shall apply to any order made under the provisions of this Ordinance, except that where the putative father is the appellant proceedings on the order appealed from shaH not be stayed pending the appeal, and he shall pay all costs of the appeal, and where the mother is the appellant no bond or security for the costs of the appeal shall be required. Standa"d for fixing slims for main tenance. ·Variation of OI'lglnal order, Securlt~· mar be required from putative father. Procedure on appeal.

Corl·obol·a tion requh·ed (or evidence or mother. ~hIlTle(l woman <;nmpctent witness. Death of :nuthol' not to hal" pl"Ocee<llngs. Person taking actlon nther tha n Terrl torla I Secretary (0 g-ive notice. Exclusloll of :lerf;onR from hearing. Duty of Terri torlal Secreta.ry to see pa.yment>; are made. nnd to enforce order. 18 CHILDREN OF UNMARRIED PARENTS ORDINANCE 13. (

I) No affiliation order shall be made upon the complaint of the lIIother unless her evidence as to the paternity of her child is corroborated by sorTie othCi· material evidence. (2) . Subject to sub~section (1), the fact of paternity may be established under this Ordinance upon such evidence as the M agistrate considers sufficient.

(3) In all proceedings under this Ordinance a married woman shall be a competent and compellable witness to testify as to the paternity of her child in respect of whom the proceedings are taken. 14. The Territorial Secretary shall not be debarred from instituting or continuing proceedings under this Ordin ance by the death of the mother of the child born out of wedlock for whom relief is sought.

IS. \Vhere any proceedings are instituted under this Ordinance by any person other than the Territorial Secre tary, the person instituting the proceedings shall give notice to the Territorial Secretary, who shall have the right to appear and intervene and be heard in person or by counsel on the proceedings. 16. The room or place in which the Magistrate sits to hear any complaint under this Ordinance shall not be deemed an open or Public Court, and all persons other than the officers of the Court, the parties interested, and their witnesse!l and counsel shall be excluded there from. 17.

It shall be the duty of the Territorial Secretary: (

a) To see that all payments directed to be made by the putative father under an affiliation order are duly made and in default of payment to take all necessary proceedings for the enforcement of the order, including the enforceme~t of any security given by the putative father.

CHILDREN OF UNMARR!ED PARENTS ORDINANCE 19 (

b) To see that all monies collected under any affilia tion order are paid and applied forthwith, without any deduction to or for the persons entitled to relief in accordance with the terms of the order and the provisions of this Ordina':1ce. 18. A copy of every affiliation order made hereunder, and of every order made in variation or amendment of an original order, shall be filed by the Territorial Secretary with the Clerk of the Territorial Court of the Yukon Territory. Such order shall then become a judgment of the Court for the enforcement of .which the provisions of the Judicature Ordinance shall appiy. The provisions of this

section shall be in addition to all others in the Ordin ance for the enforcement of affiliation orders. 19. Every affiliation order shall bind the estate 01' the putative father and every sum payable thereunder shall be a debt due from and chargeable upon the estate of the: putative father; but every such order shall as to any pay ment falling due either before or after the putative father's death, be subject to review under

Section 10 hereof, and no action or other proceeding shall be taken thereon after the death of the father without the leave of a Magistrate, and the Magistrate before granting leave shall direct that notice shall be given to the widow and legitimate children of the putatve father. 20 ..

No agreement entered into between the mother of a child born out of wedlock, or an unmarried woman preg nant with a child likely to be born out of wedlock, and the putative father of the child, relating to any matters within the scope of this Ordinance, shall be a bar to any proceed ings hereunder. 21. 'Where the putative father admits the paternity of the child and makes an adequate offer to provide for the maintenance and education of the child, he may enter into an agreement in writing therefor with the Territorial Secre tary; and upon failure on the part of the putative father To see to appllca,tlon of money.

Order to be tiled with Cle"k Territorial Court. Crdcr ma~' be enforced aR .Judgment. Order to bind estate of putath'e father. ·Ag,·eements between mother and putative father no bnl', Agreement between putative fathe.· and Tel'rl torlal Secretary.

Hemedles nnw existing not affectccl. Qua,'lZ ;\'linlng Act. 20 CHILDREN OF UNMARRIED Pt\RENTS ORDINANCE to comply with the terms of the agreement the Territorial Secretary may apply to a Magistrate for an affiliation order and the agreement shall be sufficient proof of paternity, 22. Nothing in this Ordinance shall take away or abridge any right of action or remedy which, without tilis Ordinance, might have been maintained against the father of a child born out of wedlock.

CHAPTER 10 AN ORDINANCE TO AMEND "THE 'VORKMEN'S COMPENSATION ORDINANCE" (Assented to July 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The 'Vorkmcn's Compesation Ordinance," being

Chapter 1 of the Ordinances of the Yukon Territory, 1917, is hereby amended by striking out the words "quartz mining regulations" in the third and fourth lines of paragraph (1) of

Section 1 of the said Ordinance and substituting therefo; the words "Yukon Quartz Mining Act."

THE JUDICt\TURE ORDINANCE, AMENDMENT 21

CHAPTER 11 AN ORDINANCE TO AMEND "THE JUDICA TURE ORDINANCE" (Assented to fuly 21st, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Judicature Ordinance,

Chapter 48 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by striking out Rule 408 of the Rules of Court, and substituting therefor the following: ,"408. Money owing for wages or ~alary shall not be subject to seizure or attachment except as to such amount as is in excess of $3.00 per day for the period in respect of which such wages or salary are owing at the date of service of the garnishee summons.

In fixing the amount to which a person whose wages or salary have been attached is entitled to exemption from seizure hereunder, the said sum of $3.00 per day shall be reduced by the daily cos~ of any board supplied by his employer in addition to the cash wages paid. 2. The .said Ordinance is further amended by adding the following immediately after sub-section (3) of Rule 395: ( 4 ) Every garnishee summons shall have endorsed on the face thereof the following: "$3.00 per day for the period for which wages are owing at the date of service of this summons is exempt from seizure and shall not be paid into Court.

This $3.00 per day shall be reduced by the cost of board (i f any) furnished to defendant in addition to cash wages paid him." l'ew Rule 40~. Exemption from garnishee. Endorse ment on garnlshee slim mons.

))i~LlIl'IJ;,Lnce uf hl)~pltal patients by dogs ,lccl:u'ed to he l1ulsance. Complaint IJ" two m,~mbcrs nr staf\'. :-<nllce hy l:'eace Officer. Penalty on ra,lIure 1,0 ahate. 22 ORDINANCE RESPECTING DOGS, AMENDMENT

CHAPTER 12 AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING DOGS" (A ssellled la Iuly 21 SI, 1942.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "An Ordinance Respecting Dogs", being

Chapter 27 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding the following immedi ately after

Section 16 of the said Ordinance: 17.

(1) The keeping by any person in his posses- sion or having under his control of two or lIIore dogs within such distance of a hospital that their howling or other noises made by them disturb the peace and repose 'of patients in such hospital is declared to be a nuisance.

(2) Upon complaint in writing signed by two mem- bers of the staff of a hospital, setting forth the circum stances constituting a nuisance as defined above, a Peace Officer may by notice in writing served on the person alleged to be responsible for such nuisance, require that the same be abated within 48 hours from the time of such service.

(3) A person responsible for such a nuisance, and who fails to abate the same after being served with notice as above provided, shall be guilty of an offence again~t this Ordinance and shall be liable on

summary conviction to Cl penalty ~f $20.00 and in default of payment forthwith afteJ" conviction to imprisonment for a 'period not exceeding one month.

ORDINANCE RESPECTING DOGS, AMENDMENT 23

(4) On any prosecution under this

section the evi dence of two members of the staff of a hospital to the effect that the peace and repose of patients therein have been dis turbed by noises apparently made by dogs kept by the per son accused, shaH constitute prima facie evidence that the accused is guilty of a nuisance as above defined, and shall place upon the accused the burden of proof. Evidence. Burden of proof.

24 SUPPLY

CHAPTER 13 AN ORDINANCE FOR GRANTING TO THE COM- MISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY AND THE CITY OF DA \VSON. (Assented to July 21st, 1942.) ff/hereas, It appears by Message from George Alien Jeckell, Esquire, the Controller of the Yukon Territory, and in the Supplementary Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "A" are required to defray certain further expenses of the Public Service of the Yukon Territory and the City of Dawson, and for the purposes relating thereto, for the year ended M arch 31 st, 1942; and,

Whereas, It appears by Message from George Alien Jeckell, Esquire, the Controller of the Yukon Territory, and in the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "B" to this Ordinance are required to defray certain expenses of the Public Ser vice of the Yukon Territory, and for the purposes relating thereto, for the twelve months ending M arch 31 st, 1943; and,

Whereas, It appears by Message from George Alien Jeckell, Esquire, the Controller of the Yukon Territory, and in the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "c" to this Ordinance

SUPPLY 25 are required to defray certain ~xpenses of the Public Ser vice of the City of Dawson, and for the purposes relating thereto, for the twelve months ending March 31st, 1943; The Controller of the Yukon Territory, by and with the advice and consent of the Council of said Territory, therefore enacts as follows: 1.

From and out of the sums at the disposal of the Yukon Co~nci I there shall be paid and applied a furthe r sum not exceeding in the whole one hundred and eighty eight thousand six hundred and seventy-eight dollars and ninety-five cents for defraying the several charges. and expenses of the Public Service of the Yukon Territory for the year ending M arch 31 st, 1942, as set forth in

Schedule "A" of this Ordinance; and from and out of the sums at tht: disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in tile whole one hun dred and fifty-nine dollars and sixty-three cents for defray ing the several charges and expe~ses of the Public Service of the City of Dawson for the year ending March 31st, 1942, as set forth in

Schedule "A" oJ this Ordinance. 2. From and out of the funds at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding in the whole two hundred and thirty thousand dollars for defraying the several charges and expenses of the Public Service of the Yukon Territory for the twelve months ending March 31st, 1943, as set forth In

Schedule "B" of this Ordinance. 3. From and out of the funds at the disposal of the Yukon Council there shall and may ·be paid and applied a sum not exceeding thirty-five thousand five hundred dollars for defraying the several charges and expenses of the Public Service of the City of Dawson for the twelve months ending March 31 st, 1943, as set forth in

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

26 SUPPLY

SCHEDULE "A" Further sums granted to the Controller by this Ordinance for the twelve llIonths ending M arch 31 st, 1942, and for the purposes for which they are granted: SCHOOLS: Generally ____________________________________ $ 83.57 Dawson ______________________________________ 6.42 Mayo __________________________________________ 159.75 $ 249.73 J-IOSPITALS, CHARITIES AND PUBLIC HEALTH: Public Health and Care of lndigents________ 1,735.59 l\'IISCELLANEOUS: Printing and Stationery ______________ $ 2.98 Contingencies ______________________________ 192.43 Aviation Fields ____________________________ 184.22 379.63 ROADS, BRIDGES AND PUBLIC WORKS________________ 4,881.80 THE GOVERNMENT LIQUOR ORDINANCE._________ 181,432.20 $188,678.95 CITY OF DAWSON: Printing and Stationery ______________ $ 26.58 Contingencies ______________________________ 133.05 $ 159.63

SCHEDULE "B" Sums granted to the Controller by this Ordinance for the twelve months ending March 31 st, 1943, and purposes for which they are granted:

SUPPLY 27 SALARIES AND TRAVELLING EXPENSES Salaries ______________________________________ $ Travelling Expenses _________________ _ 6,600.00 700.00 . YUKON COUNCIL Sessional Indemnity ____________________ $ Travelling Expenses _________________ _ SCHOOLS Schools Generally ______________________ $ Dawson School _________________________ _ St.

Mary's School _____________________ _ Whitehorse School _____________________ _ Mayo School _____________________________ _ Carcross School _________________________ _ Auto Transportation _________________ _ 1,200.00 200.00 4,175.00 13,200.00 3,300.00 8,525.00 3,600_00 2,600.00 1,800.00 $ 7,300.00 1,400.00 37,200.00 HOSPITALS, CHARITIES AND PUBLIC HEALTH Grant, St.

Mary's Hospital ________ $ Grant, Mayo Hospital _____________ _ Grant, \Vhitehorse Hospital _____ _ Grant towards construction ad- dition, \Vhitehorse Hospital Salary, Medical Health Officer and Services to Indigents, Dawson District _________________ _ Salary, Medical Health Officer and Services to Indigents, Whitehorse District ___________ _ Public Health and Care of Indi-gents _____ , _____________________________ _ 38,000.00 1,500.00 6,500.00 10,000.00 1,200.00 300.00 30,000.00 87,500.00 Carried forward ________________________________ $ 87,500.00

28 SUPPLY Brought forward ________________________________ $ 87,500_00 GRANTS TO LIBRARIES, READING ROOMS, ETC Dawson Library and Reading Room ____________________________________ $ \Vhitehorse Library and Read- ing Room _____________________________ _ Mayo Library and Reading Room ___________________________________ _ Yukon Law Library _________________ _ City of Dawson _________________________ _ 900.00 450.00 450.00 150.00 10,000.00 MISCELLANEOUS EXPENDITURES Territorial Agent, \Vhitehorse __ $ Town of \Vhitehorse _________________ _ Territorial Agent and Telephone Service, Mayo _____________________ _ Town of Mayo _________________________ _ .'\ssay Office, Keno ___________________ _ Printing and Stationery _____________ _ Contingencies ___________________________ _ Aviation Fields _________________________ _ 750.00 6,400.00 520.00 900.00 5,200.00 1,500.00 1,500.00 2,000.00 ROADS, BRII)GES AND PU HLIC WORKS Dawson to Miller Creek and International Boundary ________ $ Dawson Cable Ferry _________________ _ New Ferry Building-Dawson __ Hunker-Dominion and Sulphur Creek Roads _______________________ _ Bonanza, Eldorado, Quartz Creek and Indian River Roads _______ _ Klondike Road _________________________ _ Clear Creek Road _____________________ _ Mayo District Roads _______________ _ vVhitehorse District Roads _______ _ 1,000.00 2,600.00 1,800.00 10,000.00 2,500.00 1,000.00 2,000.00 2,000.00 1,,000.00 11,950.00 18,770.00 Carried forward ______ $ 23,900.00 $ 18,770.00

29 Brought forward ............ $ 29,900.00 $ 18,770.00 Overland Road-Dawson and· Mayo to \Vhitehorse-not otherwise provided ............. . \,rinter Roads ........................... . Maintenance, Machine Shop, Garages and Road Equip- ment-Dawson District ..... . Sundry Roads and General Ex- pense ................................... . Purchase, Patrol Grader-Bal- ance Payment due ............... . 300.00 .5,000.00 12,700.00 1,106.27 2,873.73 45,880.00 Total Estimated Expenditure .............. $230,000.00

SCHEDULE "C" CITY OF DAWSON Fire Department ........................ 5 Hydrant Service ....................... . Street Lighting ......................... . Printing and Stationery ............. . Salaries ..................................... . Contingencies ............................. . Streets and Sidewalks ............... . 10,351.00 13,356.00 2,550.00 300.00 1,120.00 325.00 7,498.00 $ 35,500.00 5.

In the event of there being a surplus of monies standing to the credit of any item voted for Roads, Bridges and Public Works after the construction or repairs provided for have been completed to the satisfaction of the Superin tendent of vVorks and Buildings, such surplus of monies shall forthwith, on the acceptance of such works or repai rs by the Controller of the Yukon Territory, be taken from said item and become part of and be added to the amount provided for Contingencies to such Roads, Bridges and Public vVorks, and shall thereafter be at the disposal of the Controller of the Yukon Territory for Roads, Bridges and Public Vvorks.

30 INDEX INDEX TO ORDINANCES OF 1942 The figures refer to the top paging. Adoption of Infants Ordinance .................... _ .......................................... . Adoption outside Yukon. rights in case oL ................................. . 'Consent-whose requil'ed .............................................................. . Consent-Magistrate may dispense with ..................................... . Effect of order ..................................................................................... . :Fees to be charged by Clel'l( of COul·L ......................................... .

Illegitimacy-not to be recited ....................................................... . Intestacy--rights in case of ............................................................. . Judicatul'e Ordinance-Rules of to apllly ................................... .

Order-by "1agistrate ....................................................................... . form of ................................................................................... . effect of ................................................................................ .. prior rights under ............................................................... . to be fHed with Clerk of Court.. ....................................... . Petition-to :\1agistl'ate .................................................................. .. Publication of proceedings, pl'ohlbited ....................................... .

Practice and Procedure to be followed ...................................... .. RjghLs-of person adopted ............................................................ .. on intestacy ....................................................................... . Assessment Ordinance ............................................................................ .. Dry Cleaning License ...................................................................... .. Hand Laundry License .................................................................... ..

Public Telellhone System, License .............................................. ..

Section 20 amended .......................................................................... . Withdrawal of Areas by pl·oclanHLtion ........................................ .. Yukon Electrical Co .. I'elief for ..................................................... . Children of Unmarried Parents Ordinance ......................................... . Agreements between mothel' and Ilut.ative father no bal' to proceed ings .................................................................................. ..

Agreement between putative ftuher and Territorial Secretary Allpeal-pl'ocedure on ...................................................................... .. Clel'k of Court-Order to be 'filed with ........................................ .. 'Complaint-who may make ............................................................. . when must be made .................................................... .. Death-of mother-no bat· to proceedings ................................... . Estate of putative father bound hy onlel· .................................. ..

Evidence of mother-col'ro!.loration requil'ed ............................. . Exclusion of public from hearing .................................................. .. Existing righ ts-not affected ........................................................ .. Filing of ol'!ler .................................................................................... ..

Interpretation ..................................................................................... . Magistrate-hearing before ............................................................. . Ilowers of ..................................................................... . order by ....................................................................... . Maintenance-fixing sums for ....................................................... . Married woman-compellable witness ........................................ ..

Mother-corroboration of evidence of. ......................................... .. death of no bal' to pl·oceedings .................................... .. may apply to Tel'l'ilori.al Secretary ............................. . may be ordered to contribute ...................................... .. may make complain t. ....................................................... .. Page. 9 11 10 10 10 12 10 11 12 9 9 10 12 12 9 12 12 10 10 3 3 3 3 3 :3 3 13 19 19 17 19 14 15 18 19 18 18 20 19 13 15 15 15 17 18 18 18 14 16 14

INDEX 31 The figures refer to the top paging. Pagt: Children of Unmarried Parents-(Continued).

Notice-of proceedings to Te.·.·ltol'ial Secretary........................ 18 Order-binds estate of putative father.......................................... 19 by Magistrate ........................................................................ 15 terms of .................................................................................. 16 va.·iation of ..........•............ ..... ....... ........................... .............. 17 enfOl·cement of as judgment.............................................. 1!1 Putative fathe.·-summons to .......................................................... 14 non appearance by............................................ 16 security by .......................................................... 17 Registrar of Vital Statistics-duty of............................................ 14 Secul"ity-by putative father .......................................................... 17 'Summons-to putative father .......................................................... 14 TelTitorial Sec.·etary-to make enquiry........................................ 14 mother may apply to.............................. 14 may m.ake complaint .............................. 14 notice of pmceedings to........................ 18 Duty of ...................................................... 18 Wa ... ·ant-may issue ........................................................................ 15 retum of ...........................

" .... , ... , .. ,., .............. ,................ 15 Dogs-Ordinance Respectin!! Amended .. , .... ,.,., ... , ............... , ... , ........ ,. 22 Abatement of nuisance ., .. , ........ , .................... , ............ , ..... ,.............. 22 Burden of p.·oof on prosecution " ... " ......... " ............ ",." .... ,........ 22 Dogs-howling declared nuisance , ........................... ""."".,......... 22 Nuisance-disturbance of hospital patients by howling dogs 22 abatement of, ........................... , .... , ....................

" .. ,., 2'2 penalty for failu.·e to abate ..... , .... ,., .. ,.................... 22 Gasoline and Fuel Tax Ordinace Amended .... , ..... , ......... " ... , ..... , ..... , 1

Section 10 amended ......... , ... " ........... " ..... ,. , .. ,., .. , ... "., ............ ,., .... ,. 1 Consu'mption in stationary engines, etc, .. """ ..... , .. , ............. ,,.,.. 1 Consumption on Alaskan Highway construction ....................... , 1 Consumption by Military authorities ........ , .............. ,.",.,............ 1 Income Tax Ordinance Amended ...... , ..... , .. , ...................... ".".,.,............. 5 No tax to be assessed for years 1941 and 1942 .................. 5 Judicature Ordinance Amended ....................... , ..............

" ....... , ...... ,.... 21 New Rule 408 ..... , ................. , .................... , " ...... ,., ... ".",.,.,............... 21 Exemption 'fmm attachment of wages .... " ... , ..................... ,,"'" 21 Motor Vehicle Ordinance Amended ....................... , .. " .... " .... "........ 7 One number plate to he used,." ..... , ....... ", ......... "." .. "., ... , , 7 Vehicles usp.d in construction of Alaskan Highway exempt..,. 7 Poll Tax Ordinance Amended ........ " .. ,., ............................. ,,'.............. 6 Pe.·sons 18 yea.·s of ag-e to pay tax .................... , ... " ..

",........... 6 Officers .and ,personnel of U. S. Army, etc., to 'be exempted.... 6 Workmen's Compensation Ordinance Amended ................ ,." ..... ", .. " 20 Yukon Quartz Mining Act " ... , ... , .. ,." ............... ",., .. ,." .......... " .. , .. "." 20 Yukon Game Ordinance Amended ....................................... ,................ 8 Commissioner may make regulations ", ... , .... , .... " .......... "., ...... "., S License to U. S. Army Engineers, etc .. ",:, .. , ... " .... " ... , ... ", .. ,."".... 8 Fees payable .", .. , .............

" .............. , ............ , ........ , ... ,." .. ,.", .. , ......... ,. 8 Yukon Health Ordinance Amended .. , .................................. ,."............. 4 Medical Health Office.· may analyze W:ltar ............. ,.,,""", .. ,.,..... -1 Wate.·-when not pure, procedu.·e as to .... , ................ , ....... ' .... ,.,. ~ 'Water-If later found pure "" ..... , .. "", ..... , .. , .. "" ...... , ........... ".'.'.,,... ·1 Wells, filling of ................... , ..... , ................. , ...... ".,.,", ... , ....... , ........ ,",. 4 Penalty .. ,',."., .. ,." .. "' ..... , ............. " ..........

" ... "., ... , .. ,., ............. ,"".......... ,-I Supply ..... , ..... , ... , ... ,.,""',." ... ".,., ....... , ........ , ... ,'" .. , ........................... " ..... , .. " 24

Document details

Collection	Yukon — Historical Statutes
Citation	Consol. Ord. 1942
Type	statute
Volume / chapter	1942
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	8bd1f2181eee8e73be59c130c613cac255efaccc

Source file is stored in the law ingest library (pdf).