Yukon Ordinances, 1903 — Ordinance respecting Amend the Ordi:Jance Res.!le::ting Eenevolent and

Yukon Ord. 1903

Yukon — Historical Statutes

-OPTHE-- Yukon Territory PASSED BY THE YUKON COUNCIL IN THE YEAR j ,I 1903 I At the Session Begun and Holden at Dawson on Thursday, the 7th I Day of May, and Ooeed OD Thursday, the 15th Day of Octolxr, 1903. FREDERICK TENNYSON CONGDON, COMMISSIONER. ]).AWSON YLJKO~ SlJ~ O)1'}<'ICIAL O.\'ZE'l"l'I<~ )903.

ORDINANCES --OFTHE-- Yukon Territory PASSED BY THE YUKON COUNCIL IN THE YEAR 1903, At the Session Begun and Holden at Dawson on Thursday, the 7th Day of May, and Closed on Thursday, the 15th Day of October, 1903. FREDERICK TENNYSON CONGDON, COMMISSIONER Dr'\.WSON YUKON SUX OFFICIAL UAZI~T'J']~ 1903.

TABLE O}' CONTENTS No. Page. 1. A:l Ordina'nce to Amend Ordina.nce No. 15 of 1902, Incorporating the Dawson Amateur Athletic Association ..................... 5 2. .~.n Ordi\1a~lce 10 Ame.HI the Ordinance Respecting the Regulation of Traffic on Highway'::; ............... ......... ............. G 3. An Ordinance to Amend the Ordi:Jance Res.!le::ting Eenevolent and Olh3f Societies .. '. . . . . . . ... .... ... ....... ................... 8 4. An Ordinance to Amend the Ordir.ance Respecting Chemists and Druggists 5. An Ordinance to Amend th~ Ordinance Respecting Dogs......... 10 C.

An Ol(linance to Ame:Jcl' the Or·:li:~ancc Respecting) Intoxic.ating Liquors ......................... ............................. ] 1 7. An Ordinance for the Granting lo the Commission·er Certain Sum3 of N!on€y for Development of i\Ii:Jing in the Y,:I,cn Territory... 12 8. An Ordinance to Amend the Assessment Ordinance ............. 13 9. 10. 11. 12. ] ., u. 14. 15.

An Ordinance to Amend the OrJina:lce ReSilE::"n,; the Public Health ............................... . lG An Ordinance to Amend the Ordinance Respecting the DaWSO!l City Charter ........................... ........................... 17 An Ordinance Respecting Auctioneers, Hawl"~rs' and Peddlers.... 24 A::J Ordinance to Amend the Ordin·ance Respecting the Fre:3erva- lion of Game in the Yukon Territory. . .. . . . . . . . . . . . .. . . . . . . . . .. 2G An Ordinance to IncorpOl'ate the K{)rth Star Athletic Ass::::iation.

I .. imited ............................... ...................... 2~ An Ordinance Respecting Lier.s in Favor of ,\-liners ............ 29 An Ordinance to Amend the Ordinance Respe.-::ting the Council of the Yukon Territory ..............• .......................... 37 IG. An Ordinance to Further Amend the Ordinance Respecting Asse£s- ment ............................... .......................... 42 17.

An Ordinance for Granting to the Commissioner Certain SumS' of -Money to Defray the Further Expenses of the Public Service of the Yulwn Territory for the Twelve Months, from June 30, 1902, to June 30, 1903, and for Purposes Relating Thereto, and for Granting to ·the Commissioner CertaIn Sums of Money to De fra:y the Expenses or the Public Service of the Yukon Territory for the Twelve Months from June 30, 1903, to June 30, 1904, and for Purposes Relating Thereto...... .......................... 43

TABLE OF CONTFJNTS. No. Page. 18. An Ordinance to Amend the Ordinance Respecting the Practice of Dentistry ... . . . . • ... ........................ 4G 19. An Ordinance to Amend the Ord·inance Respecting Steam Boilers. 49 20. An Ordinance to Provide for the IManagement of Free Public Libraries Within the City of DaW'son ........................... 52 21. An Ordinan-ce ·to Incorporate "The Zero Club, Limited".......... 55 22. An Ordin.ance to Amend the JudlcatUl·e Ord·inance and Rules .... 57

D. A. A. A.

LTD. 5 No. 1 of 1903 AN OHDIN.-\NCE '1'0 AJIEND ORDINANCE NO 15 OF' H102, INCOHPORA'I'ING 'I'HE DA WSON AMA· 'rEVH ATHLETIC ASSOCIATION, LIMITED. [:h.~cntcd to May 2;], 190,'1.] \Vhel'cas, "The Dawso11 Amateur Athletic Associa· tiulI, Limited" was iut:orporatcd by Ordinallt:c No. 15, of 1902, with a capital stot:k of $20,000, divided illto 200 SIHl1'eS of $100 each, with power to illt:l'eaSe to $25,000; AntI \v11l~l'ea:-,:, the :-,:aid A:-,:sociation has by its Pet.itioll pI'H;)'C(1 for authol'ity to increase the said eapital to $40.- 000, Hlld t.o i:-;:-;IJe pJ'(~fel'ellt:c :-,:t.o(;k ; A 11(1 \Vlu·l'eas, it is deellled expe(lil~lIt to grHllt the pl· ..

Xel· of the said Pctition; 'I'hcl'efore, the COlllmissioner of the Yukon Territory by and with tIle advice and consetlt of the Council of said Tt~I'1'itOl'y, 'cllatts as follows: 1. Clause Idotel'cll (1) of said Ol'.linant:l~ No. 15 of 1902 is hel'ehy l'epeH]t~(l aliI] the following is suhstituted there- for: . "The nlpitHI stock of the Associntion shall he $40,000, "(]ivi(]I~(1 into 400 :-,:IHu'es of $]00 each, with powel' to the "Associatioll to illCI'I~aSe its capita] HS the net:cssities of the "Association lIIay reqnire to a further alllount not to ex "teel] '5,000.

The Association shall ]HH-e p()\\'I~r, from time "to t.ime, to issne any portio]) of its stoek as preferential "st.od;: wit.h ~l1ch preferential or spedal right.s 01' eondi "tions attadlel] thel'eto as· the Assoeiation may' prescribe "at. tlw t.illH' of any sneh issl1e.~'

Preamble. Power to I~ ~ue :;t").:k

Section G repealed. WIdth of tires. Onus of proof.

Section S repr.all'li. 6 REGULATION OF TRAFFIC. No. 2 of 1903. AN OHDINANCE TO AMEND THE OHDINANCE RE SPECTING THE HEGULA'L'ION OF TRAFFIC ON HlGHWAYS. [A.ssenkd to Mny 23, .l908.] 'rhe COllllllissionel' of the Yukon Territory, by and with the ad \'ice ~Uld consent of the Conncil of said 'l'erd tOl'Y, ellacts as follows: ]. The Ordinance Hespecting the Hegulation of 'l'raf' fie 011 Highways is amended by striking out

section 6 of said Ordinance, and substituting therefor the following section: '~(j.

It shall he unh.l,vful fOl' any \,"agon or vehicle carl'ying a load of freight of two tons avoirdupois to be drawn 01' drh'en on any of the puhlic highways of the Ter rit.Ol·Y unless the tires of such wagon '01' vehicle are at least two inches in width, 01' to carry a load of freight of more than three tons avoirdupois, unless the tires of such wagon or vehicle are at least three inches in width, or to carry a load of fl'eight of more than foul' tons avoirdupois along such hig:h\\'a'y~ unless the tires of such wagon or vehicle are at lea~t foUl' inches in width." 2. 'rlw said Ol'dinance is (m'ther amended by stl'iking out ~ectioIl j' thereof and snbstituting thcrefor the follow ing seetiOlI: "j'.

I t shall he Sllfticil~nt, 111'iuw fucie e,-idellce that allY wagoll 01' n!hicle has earried tOil I<u'ge a 10<141, (;ontl'ary to the pl'(l\-i~i()ns of this Ordinance, for any credible wit UCf'o;8 to state upon oath that to the best of his judgment and opinion tile wagon 01' vehicle in question, nt the time of the allege41 infraction of this Ordinance, carried too lal'~e a loae1, fIIHlnpon such evidenee heing given the onUs shall he cast upon the pnrty charged of disproving that the lo~Hl was too large." 3. Sedion 8 of said Ordimlncp is hel'eb}, 1'4~I)Paled and t.he following l"\l1b~titl1ted therefor:

RElGULATION OF T&AFFIC, 7 "8. On and after the fir'st day of September, 1903, the felloe of every wheel of every wagon or vehicle shall be of equal width with the tire of such wagon or vehicle." 4. An offence against this Ordinance shall be deemed an offence against the Ordinance amended. WIdth at feUoe. Offel1ces.

Section added. Judge may cancel th~ certificate of Incorpora tion. 8 SOCIETIES No. 30£ 1903.

AN OHDINANCE TO AMEND THE ORDINANCE HE SPECTING BENEVOLENT AND OTHEH SOCIE- TIES_ [.:h.scntttl to Ma'!} 23, 1903,] The COUlmissioner of the Yukon 'rerritory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: L The Ordinance Hespecting Benevolent and other So cieties is amended by adding thereto the following section: "17, Any pet'son authOl'ized by tile Commissioner may make application to a judge of tile 'rerritorial Court to set aside and cancel the certificate of incorporation of a society incorporated under tilis Ordinance, and the judge on being satisfied that said society or a branch thereof is heing cal'l'iell 011 for any purpose not set out in the certifi cate of incOl'poratioll of said society, JIlay set aside and cancel the certificate of incorporation of said society, and thereupon said society shall cease to be an incorporation nnder this Ordinance, aJld the affairs of said society may be wound up under the direction of a judge; provided, however, that the cancellation of the certificate of incor poration of any such society shall not affect the rights of any person against said society under any ohligation in tUITed prim' to snth cancellation,

CHEMISTS AND DRUGGISTS. 9 No. 4 of 1903 . ..:l.N OHDJ.NANCE TO AMEND THE OHDINANCE HE- 8PEC'ITNG CHE~H8TS AND DHUUGI8TS. [A.s8cntcd to M (IV 23, UJ03.] The COlllmissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1. Sub-section (1) of

section 3 of the Ordinance He:. specting Chemists and Druggists is amended by striking out the words "for at least two years prior to the passing of this Ordinance" and substituting the following there for :-"on 01' hefore the 12th day of Septemher, A. D. 1902." 2. Sub-section un of said scction 3 is amended by adding aftel' the wOl'(l "dcl'k" in said

section the words "or manager," and by striking out the words "two years with a registered pharlllaceutical chemist carrying on busi ness in the Yukon 'I'el'l'itory" and substituting thercfol' the words "at least five years with a pharll1aceutil:al chcmist."

Sec. 3. sub sec. (1) amended.

Sec. 3, sub sec.

(3) II.mended.

10 DOGS. No. 5 of 1903. AN ORDINANOE 'fO AMEND THE ORDINANCE RE SPEOTING DOGS. [Assented to May 23, 1903.]· The Oommissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory enacts as follows:

Sec. 2, sub- 1. Sub-section 1 of

section 2 of the Ordinance Re-eec. (1) amended. specting Dogs is hereby amended by striking out the words "muzzled and".

INTOXICATING LIQUORS. 11 No. 6 of 1903. AN OHDINANCE TO A~IEND 'L'HE ORDINANCE RE SPEC'l'INU INTOXICA'l'ING LIqUORS. [Assented to M(£y 23, .l903.] The Commissioner of the Yukon Territory, by and with the advir.e and consent of the Council of said Terri tory, enacts as follows:

Section 21 of the Ordinance RespeCting Intoxicat. ing LifJuors is amended by striking out the words lmd fignres, "Ii'or Steamb'oats, $250.00" and substituting there· for the words and figures, "For Steamboats, $150.00."

Sec. 21 amended.

Preamhle. $~5,OOO fOI" further expenses. A ppll ca t kill of moneys. Schedule. 12 APPROPRIA TION. No. 7 of 1903.

A~ OHDIXANCE FOB THE GHAN'I'INO '1'0 THE COMMISSIONEH CE1~'1'AIN SU~:lS OF ~:lONF.Y FOR DEVELOPMEN'I' OF MINING IN THE YU KON TERHITORY. 'Vhereas, it appears by message from Frederick Ten n,rsolJ Congdon, COlllmissioner of the Yukon Territory, and the sllpplementary estimates accompanying the same, that the SUIIl hereinaftel' mentioned in the Schetlule to this OJ'dinanee is relluired to defrny certain furthcr ex pcnses of the public: senicc of the Yukon Territory not othcl'wise provided fOl', for the yem' ending June ao, 1~03, mill fOl' other purposes relating thereto; Be I t Therefore Enaded hy the Commissioner of the Yukon Territory, by and with the advice and consent of t.he Council of said Tel'l'itory, as follows: 1.

FI'OIll and Ollt of t.he genel'al reYl~l1ue fund there ~hall ;\!1I1 Illay he applied n fllrtl\(~r SUIll not exceeding in the whole twenty-five thousand dollars fOl' the charges and (~xpenses of t.he pllhlie service fO!' th(~ twelve months end ing ,Tune 30th, 1~03, as set fOl'th in the sehef1ule to this OI'«1inanee . • ) The (llle app) ication of the mlmcys expended sha 11 he aecouuted for. SCHEDULE.

Further sum ~ranted to the Commissioner by this Ordinance for the twelve months ending the 30th day of .JlIIW 1!)03, a11(1 for the purpm~e for which the S<1n1(', il'l. g]'allted: For assisting in the assayinl! and in the develop ment of quartz and the minerals in the Yukon 'rerritory under regulations to be adopted by the Commissioner ................. , ............ $25,000

ASSE!:SMENT. 13 No. 8 of 1903. AN OHDIN.\.NCE '1'0 AMEND 'L'HE ASSESSMEN'L' OHDINANOE. [A~scnted to July 22,l!J03.] The COlllmissioner of the Yukon Territory, by and with the advice and consent of the Oouncil of said 'L'erri· torJ', enacts as fol1ows:

Section 2 of the Assessment Ordinance is amended uy adding at the end of said

section the following: "8. 'Land' means the ground or soil and everything an· nexed to it by nature or that is in or under the soil except mines and minerals, precious and base, belonging to the .Crown." "9. 'Improvements' extend to and mean all buildings und structures and all machinery and fixtures annexed to /lny building or structure." ~. Sub·section (

j) of

section 4 of said Ordinance is mllenflecl by striking out the word "two" in said sub·section Hlill substituting therefor the word "one." 3. Stib·section 1 of

section 6 of said Ordinance is .amen<led by striking out the word "real" wherever the ~alUe occurs in said SUb-section and substituting therefor the words "land and improvements," and by adding to the end of said sub-section the words "and shall note whethel' the person assessed is a British subject or alien.~' 4. . Sub-section 2 of

section 6 of said Ordinance is mlleilded by striking out the words "amount of taxes due on real and personal property" in said sub-section and suh stituting therefor the words "taxes on l!lIld'~ and "taxes on Jmprovements, personal property and income:~ 5. Hule 1,

section i, of said Ordinance i~ amended by mlding at the end thereof the wordl!l "land shall be assess- ed separately from impl'Ovements.'" ~

Sec. 2 amended. "Land." "improve ments."

Sec. 4, sulJ sec. (j)" . amended.

Sec. 6, sub sec. (1) amended.

Sec. 6, sub

sec. 2 nmended. Bec. 7. rule 1 amended.

Sec. 7, rules 4 and 6, amended.

Sec. 7, rule 6 amended. Sec. i, rule 7 amende"]. "Assess ment of pal'tnc-I" "hips."

Sec. 7, 1'1IIe 11 amendcd. Sec. S, sub

sec. 1 anH'II~I."l.

Sec. 37, sub-sec. I amenden.

Sec. 40, !=iub-sec. ~ amen(lcd.

Sec. 50 amended. 14 ASSESSiI\fENT. G, Rules 4 and 5,

section 7, of ~aid Ordinance, aI"" amended by striking out the words ';1'eal property" wl1er eyer the same occur in said rules, and substituting therefor the words "land 01' impl'OveJUl!ll LIS," 'I,' Rule G,

section 7, of said Ordinance, is amended by striking out the words "real property" whcl'e the sallle 0(' cur in said rule and sllustitutillg thel'du[' the wonls "lawl a1l(1 impro\'clllents," 8, Hule 7. sedion 7, of said Ul'llillillll:C, is amende(ll,y adding thereto the following: "The illcollle of a partnership 0[' incol'porated ,'om pany sha 11 he assessed agai list the firlll ur COlllpa ny at the usual place of business of the partllel'ship 0[' compan,\' ill the Yukon Tel'l'itol',Y, and if a pm'tllcl'ship 0)' iucol'pol'atpd COIII)J;tIJ,\' has 1ll0l'e thall (l11e place or IIlISiIlCS:O:, c;Il'h hl'a IlI'h ~halI he asse:o:sed as fal' as IlIay h(' ill th,' locality whl'l'" it i:o: situatl'd fOl' that pm'tioll of the ill('OIIlI~ of tlJ(~ partlll'l'slJiI' 01' ('olllpall,\' which is I'ecl'in'd at that 1':\I'ti('uhll' 111';\111,11." n, Hull' 11, sectioll 7, of said ()I'dill:llll'e, is all](';I<I('<I by stl'i killg 01lt the WOI'(ls ")'ea I )lI'ol'l'l'I'Y" \\'hl')'(' I h(' ~':lllll' 1.1(;('1\1' tll('I'pill, aJld snbl-ltitlltillg thl'l'('('III' 1111' wO)'ds "!.:tJl:!. 0)' i 1lIj1I'O\'\'JlU'1l Ix" ]0, ~nh-spdiflll 1, of i"l'diolJ ~.

Ill' said O\'(liIJHIJI'(', i:.; :tllll'lllll'tl hy SITikillg ont till' wOI'c1s "1'1':11 1'1'01"'\'1,\'" \\'11(,1'(' I'I](~ sall](' 0('('111' thpl'eiJl, and sllhstil IIti 11g' t hel'I'!'II\' till' "'(I)'d:.; "101 Jl( 1, i III ]11'0 \'plll I'll ts.'· 11, ~lIh-sl'..t:ioll 1, of scl'tioll ;37, of' said OI't1iIlHIII'I', i·; ;LIIlPJldell hy stl'ikillg Ollt till' wOI't11': "alllollllt 01' hx,'~ dll(' Oil I'l'a), pel':',:oll:!1 :\IId i!lcollle" wllel'e thl',\' OI'l'IlI' ill :-:aifl ~Ilh· ~:I'dioll, awl ~:lIhstitllting tlll'l'pfO)' thl' followiJlg \\'OI'd;~: "t.axps OIJ lal\(l ,lIul taxt~ 011 ill1).I1·0\·I'IJIl'lJt8, pCl':o:onal Pl'o)l I'I'f'y allll int'oJl\(',') 12, Hllh-sPl'tioll 2, of f'ediolJ ·HI, of ~ai(l ()1'11i~I:IlH'I', i:.; :t1J]('I1I1I'(l hy :-:.tl'ikiJlg Ollt tlll~ WOI'IlI': "1'(':11 PI'OI)(~I't.y" Wlll'l'l' fl](~y OC('Ill' in ~~:ti(l 1-l1lh-sedioll alltl :O:lIh<titJlting: thl'I'I'!'OI' t'lI" \\'O)'ds "Iillld 01' iIllPI'OYClllcntf'," 13, RpctioJl 50 of said Orrlinnnc(' is ,\Illt'rllecl by sh'ik i ng out the wOl'ds "real pr6pel'ty" wht')'p tht,\, OCClll:' in said st~ction, a lid sn hsti tu ting theT'efo)' tile w(lI',l8 "land and i 111- jJl'ovemen t<:,"

AlSSESSMENT. 15

Section 53 of said Ordinance is amended by strik· ing out the words "real property" where they occur in said section, and substituting therefor the words "land or im· provements." 15. Sections 55, 56, 57 and 58 of said Ordinance are amendeu by striking out the word "land" where it occurs in said sections and substituting therefor the words "land or improvements." 16. Form "A" in tIle Second

Schedule to said Orm nanec is amended by adding thereto the three headings: "

(1) Bl'itisl. subject. "

(2) Alien, and, "( 3) Total assessment value of improvements, per sonal property and income." 17. Form "A" in the Second

Schedule to said Ordi naIlee is further ameuded by strikiug out the words aud figures "over $2,000," and by striking out the colullln head ed "taxes for the year 190-" and substituting therefor a co]mnn headed "taxes on land for the year 190-" and by adding after said last mentioned coluIlln a col UIlln headed ':taxes on improvements, pcrsomil pl'OpeL'ty and incomc f,)!' the year 190-" 18. Form "B" in the Second

Schedule to said Ordi nance is amcnded by striking out the words "real property'. where they occur in said Form and snbstituting therefor the words "lnnd and improvements" and by ~Hldillg after the words "personal propeL'ty" in said F01'm the words "anrl improyements." In, FOl'lIl "G" in the Second

Schedule to said Ol'di )IaIlee is amended by adding' after the wonl :'land~' whel' ever the sallle'OCCIlI'S in said' Form, the wm'ds "( or illlprO\'e' lIlents as the case IIIny be.):'

Sec. 1>3 amended_ Ss. 1>5, 56, 57 and 58 amended. Form ··A" amended. Form "A" further amended. Form "B" amend~d. Form "G" amend~d.

Sec. 34 amendert. lG PUBLIC HEALTH. N<;>. 9 of 1903. AN OHDINANCE TO A.UEND THE OHDINANCE Ug SPEC'I'INU THE PUBLIC HEAL'L'H. [A .. 88cntcd to· ,I Ill!) .~2, .1903.] The CClIlIlIIissioner of the Yukon 'l'erl'itory, by and with the advice and consent of the Council of said Ter ritory, enads as follows:

Section 34 of the Ordinance Hespecting the Public Health is herehy Hlllended hy inserting the words "ill Cau ada'~ between the word "pia('e'~ and the word "outside" in the third line thcl'Pof.

DA WSON CHARTER. 17 No. 10 of 1903. ~·\N OHDINANCE '1'0 AMEND 'rilE DAWSON CI'l'Y CHAU'l'EH. [A.ssc·ntcd to J'uly 22, 1.903.] The Commissioner of the Yukon 'l'erritory, by and with· the advice and COlH,ent of the Council of said Territory, en· acts as follows: I 1.. .

Section 14 of the Dawson City Cbarter is amenderl hy strlkmg out the words "rated upon property," and sub stitllting thel'cfor the word "resident." 2. Sub-section (

b) of said

Section 14 is amended b:y adding after the word "assessment" the words "in respect I.lf l))'opel't,(' and by adding at the end thereof the following ,,"ol'ds, "or has been rated upon the previous year's assess ment in rcspeet of ill come and has fnlly paid his rates and taxes of all kinds before the day of nominating candi ,dates." :3.

Section 25 of said Ordinance is amended by strik ing out all the \\,OJ'ds following the word "post" in said sec tion and substituting thel'efor the words "one copy of same in at least fhe of the following places within the, city, uainely, the ollicc of the city clerk, the postoffice, the .ulhiin istration buildiJlg, the court house, the town statioJl of the Northwest )lonnted Police and the public liurHry build ing." 4. Sections 30 and 31 of sa id Ol'di na nee are amended t)y striking out the word "final" i 11 said ~ections.

Section 31 'of said Ordinance is fm'ther Hlllen:ded by adding thereto the following sub-sections: "

(2) A voter or person enti tled to he a voter ma:y a p veal from the decision of the Council sitting as a Court of l:evision 'Of the voters' list to a judge, upon leaving with ·the city clerk witbin seven days from the revision of the .... otel's' list by the Council sitting as a Court of Revision, .1 notice in writing of such appeal."

Sec. 14 amended.

Sec. 14. sub-sec. b. amended. Sec. :!5 amended, Ss, 30 and 31 amendei, Sec, 31 amended. Se\'en da \'S' notice of' appeal requll'ed,

Appeal of voter. Judge to hea.r same. 18 DAWSON CHART'ER. "

(3) Any voter or person entitled to be a voter may appeal to have the name of any other person added to or struck off the list of voters." "( 4), 'fhe judge shall heal' and dispose of all such ap peals and reyjse the Voters' List accordingly." His decision final. "( 5) The decision of the judge ill regard to the l"ight of allY person to yote shall be final." Discretion ary power of Judge. Time and plnce of hearing appeal,." n'here nO appeals Judge to certify [0 list. After ap peals jud~c to certify to list. "(

G) If on an appeal to strike off tile list the 1l<l.'I!.> of a person entered therein as a voter, the judge from tlw evidence adduced before him is of the opinion that the )el'· son is clItitlcd to be OH the list in any charncter or beCllL1.'~ of P]·opcl·ty or qualification other than that in which he .:!; on the list, the judge shall not strike the name of the per son 011' the list, hut shall make such conection ill the list as the c,·idellce, in his opinioll \\"<11"1"allts, with respect to ",li(' right, chal·ader awl qualification of sllch person." "( j") The jlldge shall hold the court for hearing· :-I p peals as afo]'cf::aid at such tillle and place as he apPo:lits therefor." "

(8) If tl((~re are no appeals from the voters' list as l'edsed by the Council sitting- as a Court of Revisioll, with in the time limited, the city clerk shall fortlnvith apply to the judgc to certify a copy of slIch list as being the revised list of voters for the city." "

(9) If there are any nppeals the Judge shall certify "n, corrected copy of the said list immediately after the "list has been finnlly ]'cvised and corrected by him." Voters' 'j~t, "

(10) The votel's' list as ccrtified by the Judge shall Qualifica tion oC ,·otcr, Voter liable to taxes. "be delivered to the City Clerk by the Clerk of the 'J'eni- "torial Court.~' "

(11) Only pm'solls whose namcs are entered upon "the voters' list as certified hy the Judge shall be qnalified "to vote." "( 1:?) If a person not assessed 01' not Sll fficiently as· "sessed is found entitled to be a voter, the City shall he . '(entitled to recover taxes f]'om him and to enforce p<lY ""ment thereof hy the same lllPans and in the same manll"]' "as if he had heen assel'>sefl 011 the roll for the mnOlll]t "fo1111(1 hy the Conncil sitting as a CO\1l·t of Hevision 011 th(!

DAWSON CHARTEIR 19 "Voters~ List or by the Juuge, and the CUlllleil sitting as a ;'Cuurt of Hedsioll on the Voters' List and the Judge on t'the hearing of appeals as aforesaid shall each make all ';order setting' forth the WlInes of the persons so liable and "the sum for whieh eadl persoll should have been assessed "amI the property 01' income or both ill respect of whidl "the liahility exists~ alld the ol'der shall h(~ translIIitted "to tile City ('Iel'!': awl shall hH\-e the sallle effect as if thl~ "&1 ill parti clIlHI'S had heell inserted in the assessment "1'011." ,;

(13) The (j(lllllci I si tti Ill;' as a COllrt of Hedsion IFI "the Voters' List shalll)(~a!' ;\IId (letel'mine all complaints "H1\(1 l-e\"isc allll tOl'l'ed, till! list 01.1 01' Ilefol'e tlll~ 10th day t'of Detelllhel' ill ev!!!'y year." "

(14) The .Judge shall heal' allll deterlllille all HP "peals from the C011llcil sitting: as H Court of Hl!visioll on "the Votel's' List, allll fillally 1'1!\-ise, COl'red ami certify to "the Voters' List 011 01' hdo!'c the ::!lIth day of Decelllhel' ill "eyery year." (i _ Sllh-sei.:tioll ::! of sectioll :33 of sahl Ordinance 18 repealed and the foll(l\\'illg' slIhst.ituti!d thcl'efor: ;, (:!) The nOlllinatioll paper8 811a11 he (lelivercll to the "City Clel'k hetween thc hours of tell o'clock in the fore "1I001l and fivc o'dock in the afternoon of the second day "of ,January, or if sueh duy is n holillay then hetween the "same hours of thc next day thereafter, which is not a "llOliday."

Section 3() of said Ordinance is repealed and the following: substituted therefor: "36. Save as in this Ordinance otherwise provided, the "dection of Mayor and Aldermen shall he lleld on the 7th "day after the day for nominating candidates," 8, Sub-section 2 of

section 44 of said Ordinanl'(~ ii' amended by striking' out the words "aud the ballot pjlPt'f~ "shall be in the form D in the Schedule" and snbst.it,lItb:,~' thercfor the fo]]owing: "The hallot paper for Mayor shall he a 8eparate 1ml "lot paper from that for Aldermen, and shall be in form D Hin the

Schedule to this Ordinance, and the hallot pareI' "for A1dermen ~hal1 he in fm'lIl DD in said Schedule." Court of l'e\'ision. Appeals (rom Court of He\"lsion. Sc:C. 33, suh-sec. amended. NomlnatlO.l papers. Sec;, 36 repealed. Dale of electIon. Sec. H. ~ul;-scc. 2 amended. Separate hallot papers.

Sec. 55, sub-sec. f. amended.

Sec. 5i amended. Scc. 7::!. suh-sec. b, amended. Scc. lIS, sub-sec. a. amended.

Sec. 118. suiJ-sec. 1, nmcndecl. Ratl:'~.

Sec. 15-1, ~lIh-scc. 1, amended. Sce. 158 :!mended. .-\ssessnlent lI.lJpeal ('our! 20 DA WSO': CHARTER. / 9. Sub-section (

f) of

section 55 of said Ordinance is amended by adding after the words "ballot paper" where the same first occur in said sub-section the words "for "Mayor and a ballot paper for Aldermen.:;

Section 57 of said Ordinance is amended by strik ing out the words "ballot paper" wherever the same occur in said

section and substituting therefol' the words "bal "lot papers," and by striking out the word "each" in the 24th line of said

section and substituting therefol' the wonl ;;the.:· U. Sub-section (

b) of

section 72 of said Ordiuance is alllclldcfl by addillg afte)' the words "hallot paper" the \\'(I1'(ls ;'fur )Ia,YOl' 01' 1II0re than one ballot paper for Aldcl'- 12. Sub-section (

a) of

section 118 of said Ordinancc is <I111cIldell oy addiug' thcrcto thc fullowing words: "Bllt ;'the s,lial'Y [01' .'IIayor shallllot exceed $2,500 for any ye . .lI' '>;uhseqllcllt. 1:0 the present: and the sal<ll''y for Aldel'lIIal1 ';:-;!Iall lIot cxcce.l $1,000 fOl' allY year subsequent to the "llI'cl-'ell L" J:J. ~1I1J·s(~et.ioll 1 of scdiou 118 is alllended lJy adding a(.

Lhe eull of said sull-section the words following: "hilt 1I0twitlistalldillg Hl1ythillg contaiue.l iu the As "scsslIlellt OnlinaLlce 01' in thc Dawson Oity Ohartcr, the ;'Colllleil ilia,)' anthorize thc levying and collection upou ;;UIC asscs~ed \'alne of land, exclnsh"e of the buildings aud "iltlpl'on~lIleIlL~ thel'eoll, of a l'ate greatcr than that autlIor "izc.l 1J,Y the Coullcil, to be Icded aud collected npon the ."asscssed value of personal propel·t):, iucomc and buildings ;'alld impl'O\'elllents 011 laud.': 14. Suo-sedion (1) of

section 154 of said Ordinance i:-; altlellllc<l hy ad(lillg aftel' the word "Treaslll.'el'" iu said ~\lh-sectioll rhp w()J'<h,; "Oil Ol' hefore the 3J'(1 day of Jaull "ar',Y ." 15. Sedioll 1G8 of sa id Ordi naucc is amended by adding thereto the following sub-section: "(3) [n and for the city of Dawsou the members of the assessment appeal Court shall consist of three persous, one appointerl by the Council of the saicl city, one £lp poiuted h.Y the Oommissiouer of the Yukon Territory and

DAwsa " OHARTEJR. :!1 the other appointed by the Seuior Judge of the 1'erritorial Court, for the time being in the Territory and the person' appointed by the Council of the said city shall, when present preside at all meetings of the Court, and in his absence, the members present shall appoint one of thei!' number to preside; the said Court fo\' the city of Dawson shall meet for the hearing' of appeals at such time and place as is appointed b:y the' Council of the said city." 16. Form "D~' of the

Schedule to said Ordinance is struck out and forms "D" and "DD" in the

Schedule t·) this Ordinance substituted therefor. 1.. The City Council ma.y refuse to graut 01' issue any license which may be issued ullder its authority if in the opillion of the Council the applicilllt for such licellse is carrying' 011 01' auout to CUlTy ou a business of ill·l·epnt(~. 18.

The City Council may by resolution direct that the cost of the cOllstruction of any sidewalk or portion thereof which is hereafter constructed ilt the cost and ex· pense of the said city, shall by special frontage assessment he charged ag'aim;t the several lots of land opposite which the sidewalk or portion thereof is constructed as aforesaid, notwithstanding that the Council has not been petitioned to do so. 10.

At the time for levying the annual rate next ait~r the passing of any such resolution the city assessor shall add a column to the tax roll headed "Sidewalk Improve· "men ts" and sha 11 insert therein opposite the respecti ve lots of land directed to be charged as aforesaid, the re· spective amounts by such resolution directed to be charged against such lots of land, which amounts shall be a lien an~Ltax against sai.d lots of land; and shall levy the said .. lIIounts in the same manner and with the like penalties and remedies that other rates or taxes against land may be levied. 20.

The word "land" wherever llsed in the next two precedin~ sections shall be construed to mean land ad joining the same side of the street as that on-which the sidewalk or portion thereof is so constructed. Form "D" struck out. Cit~' may refuse licenses. Frontage assessment. Tax roll amended. "Land."

I I I 22 , . . , DA WSON CHARTER. FORM D. .BALLOT PAPER Election of a Mayor for the City of DawBon. FOR MAYOR - .. JONES, JOHN LOW, SAM PAl'IHCK, JAMES

DA WSON CHARTER. FORM DD. BALLOT PAPER. Election of the Aldermen for the City of DawsoD.1 FOH ALDERMEN. ABEL, J AMES BRUCE, DON j FEHGUSON, JBRRY - MILTON, TOM PETEHS, J AMES

"Hawker" or "pedler," Interpreta. tion. Must have license. Appllcan t lo turnlsh list of wares. Fees. 24 HAWKERS AND PEDDLERS. No. 11 of 1903. AN ORDINANCE HESPEC'l'ING AUCTIONEERS,. HAWKEllSANDPEDLER& [Assented to July 22, 1903.] The COlllmissioner of the Yukon 'l'erritor,Y, by and with the i:ulvice and consent of the Council of said Terri tory, cnacts as follows: 1.

In this Ordina.nce the expression "hawker" 01' "pedler" means and includes any person who (being a principal 01' .. lilY agent in the employ of any person) goes from house to house selling or offering for sale any goods,. wal'es or merchandise 01' carries and exposes samples ')1' patterns of any goods, wares 01' merchandise to be after \\'i:uds deli \'cJ"2d wi th in the Yukon Territory to any pel" son not being n wholesale or retail dealer in such goons, wares or merchandisc; but shall not mean or include any persons selling fish or gamc caught iu the Ynkon 'l'el'L'i· tory, or fm'll! prodnce grown in said 'l'crl'itory, 2, No person shall follow the calling 01' pursue the business of an auctioneer, hawker or pedler within the Yukon Tel'l'itory without having first obtained a license therefol', which license shall he issued by such person as the Commissioncr lIlay authorize. 3.

Ever'y applicant for a hawker's or pedler's license shall as part of his application for such license furnish a statement in writing containing a full description of the goods) waI'es and mercha.ndise which he proposes to sell 0)' offer for sale nnder such license. 4.

On every application for a license under this Ordi· nance there shall be paid: The sum of $50.00 when the ap· plication is made for an hawker's or pedler's license un I)l' before the 15th of August in any year and the.;;n tn of $25.00 when such application is made after such dale, and the sum of $50.00 when the application is made for an auc tioneer's license on or before the 30th day of June in any year and the sum of $25.00 when such applicallon is ma.·1e- after such date. .

HAWKERS AND PEDDLERS. 25 5. No hawker or petller shall sell or offer for sa]e any goods, wal'es or merchandise other than those set forth ill his application for license. G. Every license issued under this Ordinance shall ex· pire on the thirty·first day of December of the year :n which it·is issued. 7. Any person violating the provisions of this Ordi· nance shall be liable 011 sumlllary conviction thereof to a fine not exceeding $100 and costs of prosecution. S. The provisions of this Ordinance shall not apply within a municipality nor shall any license be issued un· del' the provisions hereof in any such municipality. Restrictions. Expiry of license. Penalty. Not to apply to municipality

Sec. 2. sub secs. 1 and 2 amended. 26 ·No. 12 of 1903. AN·ORDINANCE 'fO AMEND THE ORDINANCE RE SPECTING 'l'HE· PHESERV ATION OF GAME IN THE YUKON TERRITORY. [Asscntcd to J1.£ly 22, 1903.] The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1. Sub-sections (1) and (2) of

section 3 of the Ordi llance Respecting the Preservation of Game in the Yukon :Territory, is amended by striking out the words "January" and "October" where they appear in said sub-section and substituting tberefor the words "March" and "September" respectively.

NORTH STAR ATHLETIC ASSOCIATION. 27 'No. 13 of 1903. AN OHDINANUE '1'0 INCOHPOHA'l'E 'l'HE NOHTH STAH ATHLETIU ASSOCIATION, LIMITED. [A.sscntcd to July 22,W03.] 'Vhercas, the persons hereinafter named have by their

Preamble. petition prayed for the incorporation of themselves and others as an association for the purpose of organizing, con- ducting and currying on an athletic association and social dull and sHch other busincss as is incidental thereto, and, 'Yhcreas, it is deemed expedient to grant the prayer of the said petition.; Therefore, the Commissioner of the Yukon 'L'erritory by and with the advice and consent of the Council of said Territory, enacts as follows: 1. Hoger D. Pinneo, Fred "T. Cane, Hobert Lowe, Georgc C. Mellott and Willard L.

Phelps; all of 'Vhite HOl'se, ill the Yukon 'L'erritoI'Y, together with such perAAus as have si~ned the share list of said association and also such other ·persons as may hereafter b'ecome members and shareholders in the association hereby incorporated are llereby constituted a body corporate under the name of "The North Star Athletic Association, Limited," herein called "The Association," with the powers following: (1) '1'0 tarry on the business of an athletic ass w;a tion for the promotion of purely amatenrsports in all branches; also ,to conduct and carry on a general club llOHse in connection with such association, combining read· ing, writing and refreshment rooms; also to comhine skate ing and curling rinks, gymnasium, howling alleys and all other sports and games;

(2) To hold 01' arrange bascba IL and otll Cl' mH tdIC8 and competitions, and offer and grant 01' contribute to wards the provision of prizes, awards and distinctions;

(3) To raise money by subscription and to grant any !'igh ts and priyileges to subscribers;. The associat!o:l. Powers

Head office Capital. Dlrectorl'l. 28 NORTH STAiR ATHLETIC ASSOCIATION. ( 4) '1'0 purchase or take on lease or rent any real or personal property, and ally rigllts or privileges which the Association thinks fit for the plll'pO~es of its business;

(5) To construct, maintain OL' alter any building~ or works IIcecssary for the pUL'poses of the Association;

(6) To dra \", make, accept,' inuorse, discount, exe cute and i~slle IH'omissory notes, bills of exchallge, bi lIs of lading WUL'l'Hl1ts, uebentul'es and otller negotiable or transfel'able instruments for an amoHnt Hot exceeding two· thousand dollars;

(7) To execute and enter into sHch contracts as i2 advisable fOL' c<ll'ryiug ont the purposes of the association. (8) '('0 sell, improve, manage, develop, exehang'p.. "(! lease, mortgage, dispose of, turn to accouut 01' othel'wi:;;l' deal with all or any part of the property and l'ig:hts of the association;

(9) To frallle, Ul'UW up and enfOl'ce a cOlJstitutioJl~ rules, regulations and by·laws respecting the managl!lllcut and conduct of the affairs, concerns and business of tile said association, 2. Tile heau office of the Assotiation shall be at the Town of \Vllite Horse, in the Yukon 'I'el'l'itol'Y, 3, 'rhe capital stock of the Association shall ~)e $10,000.00, divided into 1,000 shares of the valne of $10.00 eacll. 4, Tile foIlO\\'in~ persons shall hI: and are hereb;r constituterl the first or provisional diredors of the As~o· dation: Rogel' D. Pinneo, Frerl "r. Cane, Rohel't LowC'. George C. M(!]lott and Willard L. Phelps. .

MINERS LIENS. 29 No. 14 of 1903. A:N ORDl~ANCE RESl'EC'I'ING LIENS IN FAVOUR 01<' MINERS. [Assented to J'uly 22, 1903.] 'l'lte Commissioner of the Yukon Territory, by and \d th the advice and con:-;Cl1t' of the Council of said 'l'erri tory, enacts as follows: 1. This Ordinance may be cited as 'l'he Miners' Lien

Short title. () nli-nlt:li,cc. 2. In this Ordinal1cc:

(1) The expression "owller" extends to and includes a person having any estate or interest in the mine upon or ill I'(~~ved to which 'the work is done 01' wood placed or i'lIrllished, at whose rcquest and upon whose credit or ou whose hellalf or consent, or for wllOse direct benefit any E:lICh work is done or wood placed, and all persons claim iug under him whose rights are acquired after the work in respect to which a lien is claimed, is commenced Or the wooel fUl'llished has been commenced to be furnished; (2) 'L'he expression "layman" means any person ot.he)' thuu the owner who is working said mine or a part thereof for an interest or share of the minerals or ore produced therefrolll; _

(3) The word "l'cgistering" or "registration" means t.he filing 01' depositing of an instrument with the 'Mining Inspector, or Gold Commissioner, ( 4) The wOI'll "minCl'" means any person working upon a mine or in connection therewith; LIEN FOn WOUK OR WOOD. 3. Any person who performed any work or service upon or in respect to, or furnished, any wood to be used it) t.he working of any placer or quartz mine for any owner 01' laYlllan shall by \"irtne thereof have a lien for the price "Owner." "Layman," "Registering and regis tration," "Miner," Who may ha\'e lien.

Date of Iiell Effect of lien. Priority over othc.· Instrumcnt~ Claim of lien. Particula.rs. 30 MINERS LIENS. .of such work 01' services or wood upon the said mine, the minerals 01' ore produced therefrom and the lands occu pied thereby or enjoyed therewith, or upon or in resped to which such work or service is perforllled or upon which such wood is furnished 01' placed to be used, limited, how ever, in alllouut to the sllm justly due to the person en t.it.le(l to the lien;

(2) Such liell upon registl'ation as in this Ordillance pl'o,·ided 811all attach awl take effect npon the date of the registratioll as agniust sllbsequent purchase!'s, mortgagees 01' ot.hel' enclllllbl'HJlCCeS, 4. TIle licn shall attach upon the estate 01' interest of the OWJlel' alld all pel'solls hndug any illtel'est ill the mine and the milleral!> 01' m'es ]lrOllneed thcl'efrom, and 111'011 the appurtenallces thercto allll the lands occupied thereby or elljoyed therewith, 5.

Any lien registered under the proVlSIOHS of' this Ordinance 8ha11 be a first lien on one·half of the output from said lIIille and shall take l)l'iOl'ity oyer all lUOI't.gag<2s and elH.:ulllhl'.lIIces against the 8all)(! to that extclIt. A lieu registcred HlIder this Ordinance shall not h.we p1'iOl·it~· over H101·tgages hI' encumhl'ances registered prior to thl~ passing of this ()J·dinallce. HEGISTHA'I'ION OF LIEN. 6. A claim of liell ]11:1-)' he deposited in the office of the ·Milling lllspecto]' fO!' the district in wIdth thc mine is si tllnte(l and shall state: (

n) The lIallle and l'esi(lellce of the claimant and uf the owner of t.he pl'opel'ty to he chal'ge(l, and of the persoll fm' wholl1 awl UpOII whose credit tl)(~ WOI');: is done 01' \\'00(1 fUl'nisllc(l, awl the time (11' pel'iod wit.hin which thc Bllme was 01' was t.o he done 01' furllisl)(~d; (

h) Thc work 01' wooll furnished; (

c) The sum claimed as due 01' to become due; (

d) The description of the property to be c1uuget! ; nnd, (

e) The date of the expiring of the period of credit

iMiIN :@RS L[.E]NS. 31 agreed to by the lien holder for payment for llis work or wood where credit has been given.

(2) Such claims shall be verified by the affidavit of the claimant or his agent having a personal knowledge 'Of the facts sw'Orn to. 7.

A claim may include the claillls of any number of mechanics, lalY'Ourers or other persons af'Oresaid wh'O way choof>e to unite them in sHch case; each clailllant shaH vel" ify his claim by his affidavit but need not repeat the faets set out in the claim. 8. 'rhe claim may be registered at any time within thirty days after the last day's labour for which the wages are. payable, or, on which wood was furnished, or within thirty days after the time fixed for payment, or if the labour is performed or wood fUl'1lished between the first day of Novelllber in any year and the thirtieth day of April in the following year, at any time before the said thil,tieth day of April. 9. 'fhe Mining Inspector in ,,,hose office the lien is deposited shall forthwith forward to the Gold Commis si'Oner a C'OPy of such lien certified by him to be a true copy and the Gold Commissioner shall l'nter a memorandulU thereof against the claim described in said lien. 10.

Every lien which has not been duly deposited under the provisions of this Ordinance shall absolutely cease to exist on the expirati'On of the time hereinhefore limited for the registrati'On thereof. PROCEEDINGS 'f0 REALIZE LIEN. 11.

Every lien which has been duly deposited under the provisions 'Of this Ordinance shall absolutely. cease to exist after the expiration of sixty days after the registra tion of such lieu unless in the mcantime proceedings are instituted to realize the claim undcr the provisions of this Ol'dluallce allu a certificate thereof" which lllav be (l·l: .. lllted \ .. '" by the conrt in which, or jndge before whom, the proceed- ings are instituted) if> duly filed in the office of the Gold Commissioner. 12.

Liens lIIay be enforced uy originating SlllllmOllS 111 which shall be set forth the grounds upon which he claims How verified No. or claims. Reglstratir." Lien for· warded to Gold Com missioner. Failure to deposit lien. ~rhen 1I~1J ceases tu exist. How enforced.

Court may fix liability. Actions for liens united, Procee\-Ings in case of death of plaintiff, Snle to sn.ti~f)' lien, Snle of wood, Costs, Security, 32 MINERS' LIENS. such lien.

Such SUlIllllons shall be granted upon affidavit of the facts set forth in said summons. 13. upon such summons being granted the court or judge lUay after notice given to the various parties inter ested, including the workmen on such claim, summarily determine and fix the liabilitJ' of such owner or layman for wages due to the claimant and other workmen who have filed claims and a Iso his I iabi li t.y to any other pcrson who has filcd a I ien for wood supplied. 14.

Any BUlnber of lieB holller:o.; lIlay join in OBe SUlIl mOlls and a nl actioJ\ brought by a lieB holder shall be takeB to ue trough t ou behalf of all the lien holders who shall haye regi:o.;tered their liells before 01' within tltirty days after tlle COllllllcncemeBt of the action, 01' who shall within the said thirty days file in the propel' office of tlH~ court frolll wh ieh the SUIIIl/1ons issued a statelllent of their respedi\'e dailll8 illtitl1led in Or referring to the said :H> tion.

(2) III the' ('\"I'lIt of tile death of the plailltitf 01' his refl1snl 01' neglect to ])\"occe(l, a By othel,' ] iell holl,lel' wh

f) has l'l'g-istl'l'pd his clailll 01' tiled his statement in thc lllan ner alld wit'hill th(' tillll~ nho\'c lilllit!'d for that plll'pose lIlay he allowe!1 to ]lI'oSeCl1te and cOlltinne the action on slid I t!']'IIIS as a 1'(' ('ollsidl']'ed just awl l'easonah'le hy the ('OI1I't' ot' jl](lg-(~; (

a) Jf tll(' IlIill(']'als OJ' Ol'(~ In'(HhH'ed frOIll said mille al'e lIot sllflkient to sati~fy the liells I'l'g:istel'!'(l ag-aill~t it, tIle COlll't 01' a jlldg-e IIll1y dit'ed a sail' of thl' l'Shlh~ awl inteJ'pst ch'Il'g'etl with th(> li('n, to ta!;:!' placl' at any time after Olle lIlonth 1'1'0111 th(' ]'l'l'O\"('I'Y of jlHlg-lIIent, a 1111 it' shall lint he IH'(·cssal'." to (]Play t:lH~ ~al(' fol' a long-(!]' pf'l'io(1 thereaftp]' thall is I'!'qlli~it(, to giY(~ l'l'a~ollable lIotil'(' thereof;

U) Tlu' ~aitl ('Olll't 01' jlJ(Ig-(' lIlay also direct the ~al!~ of any wood;

(5) When judgment is given in favour ofa lien hold er the ('ollrt 0)' j\ldg-e mll.\- a(ld to the jlld~lllent the co~t'~ of <11Hl inl'i(lentnl to rl'g'istl']'illg' thp lit'n nr-,: well ur-,: thl' costs of the action; un Upon application the court 0)' jud~e may I'ec('in' s(,(,llrity 0)' payment into (,OUl't in lieu of the amount of

MINERS LIENS. 33 the claim, and .may thereupon vacate the registration of the lien;

(7) The court or judge lllay annul the said registra tion upop. any other ground; ( 8 ) In any case the court or judge may proceed to hear and determine the matter of the said lien and make such order as is just, and in case the person claiming to be entitled to such lien has wrongfully refused to give a discharge thereof or without just cause has filed said lien or claims a larger sum than is found by such court or judge to be due, the court or judge may order and adjudge him to pay the costs of the other party. DEATH OF LIEN HOLDER. 15.

In the event of the death of a lien holder his right of lien shall pass to his personal representatives and the right of a lien holder lIlay be assigned by any in strument in writing. DISCHARGE 01" LIEN. Court may annul. Court ma)' make order. Death of lien holdnr. i6. A lien may be discharged by a receipt signed by DIscharge; the claiiilant or his agent and verified by affidavit and 1lled; such receipt shall be numbered and entered like other instruments but need not be copied in any book. FEES. 17. The fee for registering any instrument under thts Ordinance shall be $2.00. ENCUMBERED MINES. 18.

Every owner or layman, or if such owner or lay man is an incorporated company, or is absent from the Territory, the manager or agent of such owner or layman, who hires an.y person to perform any work or service upon or in respect t.o or to place or furnish any wood to' be used in the 1\'orking of any mine which was encuinbered prior to the passing of this Ordinance, shall immediately upon such hiring give notice in writing to every person holdin~ any enctiillbi'ance upO'n such mine of the fact of such hir ing. Such notice may be in Form A of the

Schedule to this Ordinance. }o("cs. Encum brances.

Form ot notice_ Penalty tor taJlure to give notice_ "'here not1ce given wages take . priority_ ::\0 gold to be removed after the lien has heen registered_ 34 MIN:ElR.3 LI'ENS_

(2) Any person so hired JOay at any time give simi lar notice to every encumbrancee of such mine in Form B of said Schedule_ 19_ Any person failing to give such notice who fails to pay any such person hh:ed by him as in the next pre ceding

section mentioned the full amount of wages du~ such perSOIl, shall be liable 10 a penalty of not exceeding two hundred and fifty dollars and indtltault of payment of sHch pellalty and the wages due such person to im prisonlllent fuI' a tCI-1Il lIot exceeding three months unles~ he sooner pay such penalty and all wages dHe sHch person 1I11pnid ill respect to sllch dailll_ ~O_ J 11 en'ry l-ase where such notice has heen gh-ell the dailll of en')-y slIch person so hin.'II for wag-es due in l'1'fl.IJl'ct of slIdr hil-ilJg shall be a first lien Oil one-half of th,' olltPllt of sHch mine unless the encumlll-ancee has Ily lIotil"e ill \\Ti ti IIg posted conspicuously on such III i Ill' OJ" gi n'll persona lIy to e,-e)-y sHch pel-sOIl so hired, forbidden en')-y sudl pe)-soll to perfo)"lIl work ())- servit:(' 11 pOll 0)- ill )-espect to 01' to ]Jlace or furnish any wood to be used in the working ot such mine_ ~l.

Aftl')" a liell has been registerell hy allY pel-son so hil-!'Il, fOl- 1I101I1'.\" 11111' hilll ill rl'sjWct of such llil-illg, agaiul';t illl,\" plal:l')' lIIille, it shnll Hot be lawful for the owner or iaYl!lall to j-ellllwe allY gold frolll such mine if the majori ty of the- workmen to whom wages are due for working in SlIch lIIille, gi,-e him a written lIotice ill Ff))"1ll G in the :0; cl I ('1111 le to this OnlilJallce_ ..:-Hter sueh Botice is givell allY 1Ie)'SOIl ill/er('sted ill S111:h mille either Oll aceoulIt of wag(,s dlle hinl for workillg in such mille 01' as o\\"lIl'r, Iny lIlan or elll:ullIbrallcee, may notify-the mining iUl';pector re silling neare8t to such mille that a licll has been registered ngaillst 811ch wine, mid that a lIlajority of the worklllen to wholll wagL's HI-I! due for wo)-kiug ill sHch lIIine Illl\"e forbid den thc remonll of nll~- gold th el"efl"olll , amI upon receipt of such notice the said mining inspedor shall fortltwit;, by himself 0)' his agellt tak(' p08se8sion of eVel-y dump, !-\luice ])'ox and all gold d11st ])1-(11)111:1-'11 f)-om sHch mine; an.l make pl'o\'ision fm' ohtailliug trl(' goliL therefl'OIll at the expense of the owner 01' layman, alld apportioning- so 11111<:h of sl1chgold dllst as is necessary to pay every I'; 11 ch person not exceeding in the whole one-hatf of the _!!oldprodlH"I'd from s_llch lnill~, if the sam.e was enclllilhcrc(l prior to ·llle registration of sl1ch lien an(l'payillg tIle pl'oi)el'portioll ro ever~' sHeh pcrson, anll the halallce to the 0\'"111'1' of the mine or the encumbrancee_

MlNERS LIEJNS. 35

(2) If there is any dispute as to the alllount of wagcs due allY wo)"kmHll in such mine, the said mining inspector shall deposit with the Clerk of the Territorial Court tIle gold (hH;t produced from such mine to ahide the decision of a juclg(~ upon auy adioll to enforce such lien. ~:!.

A t every den n-IIp on any placer m i ne the men so hired shall he eutitlcd to have a represelltath"e present tIH~reat, awl at the weighing of the gold dllst ohtained therehy, and it shall he thc duty of sllch owner or layman to gi\'e to sllch t'cpl'eseutative, if required, n statemellt in writing" of the qualltity of gold oUtaillc(! from time to time from every such mine. 23.

AllY owner or layman who violatcs any of tbf' prnvif;ions of the ncxt ·two ])J"(!ecI!ing seetious anI! fails to pay to evcl'y sueh pet'son so hired the amount due to such persoll ill respect of such hiring, shaH he liable to apen alty lIot execeding ~250.00 and in defalllt of payment of !':Ilch pewllt:y ·~Iwl tIt(! wages due by him, to illlprisollHl':>lIt fOJ' a tCI'1l\ 1I0t (~xeec()illg tlll'ce months, unless he SO(}I\cr pHy sHcl1 pewllty and tlH! •• mount due and unpaid ill re sped to sllch wages. FORMS, Proceeding In case ot dispute. ReprHcnt'l- 1ive at clcan-up. Penalty tor \'Iolatlon. :!4.

The forms prescribed ill the Mef:hnnics~ Lien 01' Forms. dinallce lIIHy be uscd in all proceedillgs uuder the Mi.Jl.er~· Uen Ordinance. HEPEAL. :!5.

Chapter 54 of the COllsolidated Ordinances "I' the Yukon Territory is hereby repealed. 2G. This Ordinance shall come into fot·cc on the 1st day of September, 1903. SCHEDULE-FORM A. To , ...... , .... , .......... 'l'ake notice that I hav(~ hired the following men to work mining claim No ...... . (here give tlie ordinnry description of the claim so ns to clearly identify it and a list of the men hired) and that I propose to work such claim and appropriate one-half uf the gold received therefrom to pay for the labour of such men, and of any! other men wlio may he hired to work same, whose names will be furnished by me to you when they are hired. Cnp. 54. repealed. "'hen in forcc.

30 MIN E}RS LIEiNS. Take further notice that unless you give notice in writing objecting to such hiring, that the wages of sHch men will be given priority to your mortgage as to such one· half of the gold received. FOHM B. '1'0 ........................ Take notice that A.

B. (naming mine owner 01' layman) has hired me and certaill other men to work mining claim number . . . .. (here give the ordinary description of the claim so as to clearly iden· tify it) and that he proposes to work such claim and to H]Jpropriate onc-half of the gold therefrolll to pay the wages of myself aud such men and any other men who may be hired by him f01' the sallle purpose. 'rake further notice that unless you give notice in writing objecting to such hiring, that the wages of myself and snch other men will be given priority to your mort :gage as to such one-half of the gold dust received.

FORM C. '1'0 ............... , ... ,., 'rake notice that ... , .. (Bame of workman who has filed a lien) has filed a lieu against mining claim No, ...... (here give the ordinary description of the claim so as to clearly identify it) and that we the ulHleT'l'Iigned being a majority of the workmen on said claim, forbid the further working of the same hy YOll nntil all wages due to the workmen on said claim arc paid.

YUKON COUNCIL. 37 No. 15 of 1903. AN OHDINANCE 1'0 AMEND 'rHE OHDINANCE RE SPEC'I'ING THE COUNCIL OF THE YUKON TEH· Hl'l'OHY. [.:1s8c'ntcd to J ul!} i2i2, 1.908.] The COlllmissioner of the Yukon Territory, try and :with the advice and eonsent of the Council of said Terri· tory, enacts as follows: 1. The Ordinanee respecting the Couneil of the Yu kon Territory is amended by adding thereto the following clauses: ' "14.

In all matters and cases not spedally provided for by any enactment of this Territory, the Council and the COllllll i ttees a nd members thereof respectively sha 11 hold, enjoy and exercise such and the .like privilege.>, i 11\ lI1unities and powers as are from time to time held, enjoy ed and exercised by the, House of Commons of Canada aud hy the committees and members thereof respectively. "15.

No member of the Council shall be liable to any civil action or to prosecution, arrest, imprisonment;)r damages by reason of any matter Or thing brought hy him by petition, bill, resolution, motion or otherwise, or said by him, before the Council. "16. Except for any violation of this Ordinance, 110 member of the Council shall be liable to arrest, detention or molestation for any uebt or cause whatever of a civil nature, during' any session of the Couneil, or during the fifteen, days pl'e,eeuing, or the fifteen daJ's following sueh session. "17.

During the periods mentioned in the next pre ceding section, all officers and servants of the Council, anll all witnesses summoned to attend before the Council or anJ' committee. shall be exempt from serving or attending as jurors before any court of justice. OrdInance amended. PrIvilege', or Counc,l. Not liable to any action. Not liable to ci"il act;o-1. Exempt from serv Ing as jurors. "18. , Not liable No person shall be liable in damages or other- In damages.

May make rules. '\'hat are deemed violations. 38 YUKON COUNCIL. wise for any act done under the authority and within the legal power of the Council, or under or by virtue of any warrant issued· under such authority, All persons to whom sHcll warrants are directed may command the aid and assistance of all sheriffs, bailiffs, constables and oth eL'S; and every refusal or fail ure to give sucll aid or .. ;; stance when required sllall be a violation of this Ordi nance, "IV, The Council lllay establish rules for its govern meut awl the attendance and conduct of its members, and a I tel', a mend a nd repeal the same; and lllay punish mem het'S fm' disoL'del"ly conduct or breach of the rules of th,~ COllllcil.

The rules and orders of the Council now existing i>hall continue in force until altered, amended 01' repealed. All l'lIles of the Council not inconsistent with this Ordi )lanCe f>hall haye the force and effect of la\\') until altered, .lIllCuded 01' repealed by it. "::W, The following acts, matters and things are pro hi hi ted, aJl(l shall be deemd violations of this Ordinance: "

(1) Iwmltf> to or aSf>auits or libels upon membeL's of' Lite COllllcil during the session of the Council; "

(2) Obstl'ncting, threatening or attempting to fOL'ce 01' illt.imidate members of the Council; "( 3) Tht~ refusal or failure of <tn.Y lIIellLber OL' officeL' tIt' the COIIIICil, 01' other person, to obcy any rule, OL'deL' or I"esolntioll of the Council; "( 4) The otfel'ing to Or acceptancc by auy member of' the COllllcil of a hrihe to illtiuence hilll in his proceed ing~ as slIch 1I11~mhel', 01' the oifering to 01' aeceptnuec by nit,)' ~I\(;h 111('111 bel' of allY fee, (;()JIlllenf>atioll or reward for 01' ill I'(~spect to the pl'omotioll of allY bill, re~olntion, llIat t(~I' 01' thi}lg ~nhlltitt('d to 01' intellded to he suhmittel.l to the Conncil or .IIIY cOllllllittee, "

(5) A~:;;"lllt~ IIpon 01' iuterferencc with officers of UII! COIIlII'i I \\h i le ill tll(~ (!xeclltioll of their duty, "(

G) Talllpel'illg with any witness in·l'egard to evi dence to he given by him before the Council 01' any commit- tee, ' "( 7) Givi ng false witnCf>s or preYarica ti Ilg, 01' other-

YUKON COUNCIL. 39 'wise misbehaving in giving or refusing to give evidence or .to produce papers ,before the Council or any committee. , "( 8) Disobedience to a warrant issued under the au thority of ' this Ordinance requiring the attendance of wit nesses before the Council or any committee. "( 9) Presenting to the Council or to any committee any forged or falsified document, with intent to deceive the Council or committee. "

(10) Forging, falsifying or unlawfully altering any of the records of the Coullci I 01' of any committee, or an,r document or petition presentetlor filed, before the Coun dl 01' committee, or the setting or subscribing by any per son of the name of any other person to any such document ,or petition with intent to deceive. , "( 11) The bringing of any civil action or prosecu tion against, or the eausing or effecting of any arrest Ol' imprisolllllent of an~'member of the Council in any. civil proceeding for or by l'(~ason of any matter or thing brought by him by petition, 11'1 I, resolution, motion or otherwise, Or said by him before the Council.

"( 12) 'l'he cansing or effecting the arrest, detention, or molestation of a member of the Council for any debt or cause whatever of a civil nature, during a session of the Council, 'or during the fifteen days preceding or the fif teen days following such session. ,"21. Every person who is guilty of a violation of this Ordinance shall be liable (in addition to any other penalty or punishment to which heis by law liable), to imprison ment forsucb time during the session of the Conncil then being held as 'is determined by the Council before which such "\'io)ation is inq nired into. "22.

The Council shall be a court of record and shall have all the rights and privileges of a court of record for the purpose of'sum'mariljrl inquiring into and punishing the acts, matters and things herein declared to be viola tions of this Ordin:mce.' -, "( 2) , For the purposes of this Ordinance the Council is her'eby ,d~clared to possess all such powers and jurisdi~ tion as is necessary for inquiring into, judging and pro nouncing upon the commission or doing of any -such acts, Penalty for breach ot Ordinance. Council a court of record, Powers awarded council.

Wa.rrant. Procedure. Determina tIon final. No fee for promoting bills. Penalty. How to bd recovered. Copy of journals prl ma fa.cle evIdence of journals. 40 YUKON COUNCIL. matters 01' things, and awarding and carrying into exeCll-' tion the punishment therefor provided by t~is Ordinallce. "( 3) B"ery warrant of cOIllmitment under this se(~ tion shall succinctly and clearly state and set fortb on its: face the nature of the otfense in respect of "l'lIich it is is sued. "( 4) The Council sball have power to make such rules as are deellled necessary 01' propel' for its procedure as such court as aforesaid. "23.

The determination of the Council upon any pr'.> ceeding under this Ordinance shall lYe final and conclusi·;re. INDEPEN DENGE. "24. :No member of the Council, and no barrister or solieitor who in the practice of his profession is a partner of any memucr of the Council, shall accept or receiYe, eith er directly 01' indirectly, any fee, cOlllpensation or reward fot' 01' in respect of the promoting of any' uill, resolution,. matter or thing submitted or intended to be submitted to the consideration of the Council or any comlllittee. "

(2) Any pel'son violating the provisions of this.

section shall be liable to a penalty of three hundred dol lars in addition to the amount or value of tbe fee, compen sation 01' rewaJ'd nccepted or received by him. "( 3) Such penalty and such amount or value Illay b:~ recovered in the Territorial COUl·t by any person who sues for the same. One-half of the amount recovered sball be long to the CI'own and one-half to the person who sues, un less he was it party to or implicated in the violation of tbis Ordinance in respect to which the action was brought, or was a witness at the trial of the action, in whicb cases the whole shall belong to the crown.

GENERAL PROVISIONS. "25. Upon any inquiry touching the privileges, im munities or powers of the Council, or of any committee Ill' member tbereof, any copy of the journals of tbe Council printed or purporting to be printed by the order of t.h~ Same sballbe admitted as prima fac·ic evidence of su~h journals by all courts, justices and others without further proof that such copy was so printed.

YUK')N OOUNCIL. 41 "26. In any civil proceeding against any person for or on account or in respect of the publication of any copy of any report, paper, vote or proceedings of the Council the defendant at any stage of the proceedings may lay be fore the eourt or judge such report, paper, vote or proceed ing, and sucll copy, with an affidavit verifying such report, paper, vote or proceedings, and tlle correctness of such copy; and the court or judge shall immediately stay such civil proceeding, and the same, and every writ or proce~s issued therein, shall be finally put an end to, determined and superseded. '27.

It shall be lawful in any civil proceeding against any perso~ for printing any extract from or abstract of any SUC~l report, paper, vote or proceedings,. to give in evi dence such report, paper, vote or proceedings, and to show that such extract or abstract was published bonn ficleJ and without malice; and if in the opinion of the court, or if in tbe opinion of the jur:y, if there is a jury, such publication was bO"lw fide and without malice, judg ment shall be rendered or a verdict shall be entered for the defendant.' "28.

A ('upy of the journals of the Council, printed, or purporting to be printed by order of the same, or certified by the Clerk of the Council, shall be admitted as lwim(t facie evidence of such journals by all courts and justices without further proof that such copies were so printed. "29. No action shall be brought against any officer of the Council, or any person assisting such officer, for any act or thing done by authority of the Council." Action stayed on production of journals. Publlcati():l bona fide and wIthout malice 1\ defence. Evidence oC Journa.ls. ImmunIty or officers.

Scc. " amended. Further amended. Banks. how rated. Rent. Salaries. Expense3. 42 ASSESSMENT. No. 16 of '1903. AN ORDINANCE 1'0 FURTHER AMEND THE ORDI NANCE HESPEC'.rING"ASSESSMENT. [Assented to July 22, 1903.] The COlllmissioner of the Yuk01i'Territory, by and with the advice and consent of the Council of said Ter ritory, enacts as follows:

Section 4 of the, Ordinance Respecting Assessment is ameuded by adding thereto the following sub-section: "(

b) Gold dust and bullion." 2. Said Ordimince is further amended by adding thereto the following section: "60. E\'er,Y incorpol'uted bank carrying On business within the City of Dawson shall be assessed and rated up on the iu('ome received by such bank at the said city. In ascertaining such income the following deductions only shall be made from the gross receipts in ,respect to income of such bank, that is to say: .,.::.:.' "(

a) The office reut or a reasonable allowance for same where the premises occupied by such bank are owned by it; '~(

b) The salaries aud wages paid within the said city b:y such hank; " (

c) The expenses of the agent Or manager or other person iu the employ of said bank properly incurred with in the Yukon Territory in connection with the cal'l'ying on in the said city of the business of such bank; and no pel' sonal property owned by such bank in carrying on such business used by it shall be liable to be assessed or rated."

TO. DEFRAY EXPENSES. 43 No. 17 of 1903. AN OHDINANCE FOR GRANTING TO THE COM. missionel' Certain SUnis of Money to Defray the Furthel'Expenses of the Public Service of the Yukon Territory for the Twelve Months from June 30th, 1902, to June 30th, 1903, and for Pur poses Helating 'l'hereto, and for Granting to the " COlllmissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Yukon 'rerritory, for the Twelve Months from June 30th, 1903, to June 30th, 1904, and for Purposes Relating Thereto_ [A'ssented to October 16, .1903_] 'Yhereas, it appears by message from Frederick

Preamble. Tfennyson Congdon, Commissioner of the Yukon Territory, and in the Supplementary Estimates ac companying the same, that the sums hereinafter mentioned in Schedule" "A'" are required to defray certain fllrther expenses of the Public Service of the Yukon 'l'erritorYi 'and for other purposes relat ing thereto for the twelve months ending June 30th, 1903; And

whereas, it appears by message from Fred erick 'l'ennyson .Congdon, the Commissioner of the Yukon Territory, and the estimates' accompanying th~ same, that the sums hereinafter mentioned in

Schedule "B" to this Ordinance, are required to de f:r:ay certain expenses of the Public Service of the Yukon Territory, and for other purposes relating; thereto for the twelve months ending June 30th, 1904; . It is therefore hereby enacted by the Commis sioner, ,by and with the advice and consent of the Couqcil of the YUko"n 'rerritory, as follows: 1. From and out of the sums at the disposal of the Yukon Council, there shall and may be paid and applied a further sum not exceeding in the whole two hundred and eighty thousand four hun dred and ninety-three dollars and forty-eight cents for defraying the several charges and expenses of $280,493.48 granted rIJr financIal year 190~-1903.

$327,323.22 granted for financial year 1903-1904. Moneys to be account-. ed for. 44 TO DIDFRAY EXPENSES. the public service, ending June 30th, 1903, as set forth in

Schedule "A" to this Ordinance. 2. From and out of the funds at the disposal of the Yukon Council there shall and lllay be paid and applied a sum not exceeding in the whole three hundred arid twenty-seven thousand three hundl'ed and twenty-three dollars and twenty-two cents, for defraying the several charges and ex penses of the Public Service for the twelye lllonths ending June 30th, 1904, as set forth in

Schedule "B" to this Ordinance. 3. The due application of all shall be duly accounted for. moneys

SCHEDULE "A." expended Further SUIIIS granted to the Commissioner by this OrdinancI~ for tile twelve months ending June 30th, 1903, and for the purposes for which they are granted. To defray additional expenses of the Government of the Yukon Territory for the twelve months end ing June 30th, 1903, as follows: 1:oad8, hridges and public works ........ $210,818.91 Sehools .............................. 5,054.90 Hospitals, char'it.)' and quarantine . . . . . . . 793.84 Contingencies ............ ............ 5,823:44 Printing, stationery and consolidation of the Yukon Ordinances ............. . Salaries and travelling expenses ....... . Eldorado gusher ..................... .

SCHEDULE "B." 5,657.40 2,261.37 50,083.fl2 $280,493.48 Sums granted to the Commissioner by this Ordi nance for the twelve months ending June 30th, 1904, and for the purposes for which the), are granted. To defray the expenses of the Government of the Yukon Territory for the twelve months ending June 30th, 1903, as follows:

TO DEFRAY EXPENSES. Indemnity and traveling expenses, Mem- bers Yukon Council ................. $ Schools ...... _ ..................... . Hospitals, charity and quarantine ..... . Fire Department, Whitehorse ......... . Preventive Service ................... . Salaries and traveling expenses ........ . To pay City of Dawson 60 per cent. of liquor licenses issued in Dawson ..... . To pay town of Bonanza 60 per cent: of liquor licenses issued in Bonanza ... ' .. '. Grant to WhitellOrse Free Library ..... .

Grant to Dawson Free Library or to any other institution of the kind estab- lished in the city " _ ................ . Bonus to assist the development of quartz mining and to provide for free assaying at Whitehorse and Dawson, and to pay the salary and expenses of engineer in charge of diamond drill .... To refund the Department of Justice, amount credited to local revenue, which should have been deposited to credit of the Receiver General, escheated bail bonds ............................ . Special grant to Town of Bonanza ..... .

To refund British Yukon Navigation Co. portion of taxes, as per resolution of Committee of Yukon Council ........ . Printing and stationery .: ... ; ........ . Contingencies ....................... . Roads, bridges and public works ...... . 45 6,000.00 66,259.00 50,000.00 2,000.00 13,000.00 38,400.00 17,940.00 2,700.00 900.00 2,700.00 15;000.00 3,267.50 1,500.00 3,651.82 15,000.00 10,0(10.00 79,004.90 $327,323.22

Sec. 3, sub-sec .. , amended.

Sec. 3, sub-sec. 3 amended. Sub-sec. added to

sec. 3. Sec. fi re· pealed: new sec. sub stituted. Dental Board. 46 DENTISTRY. No. 18 of 1903. AN OIlDINANCE'l'O AMEND 1'HE ORDINANCE RESPECTING 'j'HI~ PllACTICE OF DENTISTHY. [ilssented to OctoiJer 16, 190:1.] '!'he Commissioner of the Yukon 'l'erritory, by and with the advice and consent of the Conneil of said Territory, enacts as follows: 1. Sub-section 2 of

Section 3 of tl1e Ordinance I:especting tl1c P.·actice of Dentistry is amemled by striking ont the words"OJ' froll! any dental col lege 01' university having such department" to the end of said sub-section, . .. 2, Sub-section 3 of saidSectiou :3 is nlllcllded by striking out the words "Commissioner of the Yu kon 'I'el'l'itOl'Y~' and sllhstitHtiug therdor the words "Dental Boar'd," 3, Said

Section 3 is· fllJ't1lel' allll!llded hy wldiug: the following' suo-sectioll: "

(4) E"el'Y per~()1I who lll'()(lllces a ,liplollla of gl'aduation fl'om a fo)'eign d(~n ta I . college 01' school of dentistl'Y, ()]' who f11l'IIishes a cel,t.itic.lte fl'OIll t1)(~ Govel'lIIl1ellt of hiH country, aut.hol'izillg hilll to IH,.)(:tic(~ ill his l:Olllltl',Y, and paSi-:ieH the exalllination I)(~l'eillaft(~r presl:l'ihed," 4, .

Section G of said Ordinance is. repealed nud tl)(~ following sectioll sllbstituteci thel'cfol': ..';G,On the 1st day of Allgust, HlO:3, and On 01' bdore thc 1st day of August in each all(l cycry J~car thel'caftc)' tile Commissioner of tile Yukon Ter ritory shall appoint two or more examiners in den tistry and dental surgery, to he calle.l the Dental Board, to sene for a period of two years or until their succcssors arc appointcd, whose duty it shall he to cxaminc the crcdcntials of the c;.t:Ididatcs, prepare examination papers and COl1(]uct (~xamina tions, In the event of a vacancyJ Oil the said Board caused by the death, resignation, rcmoyal from

DENTISMY. the country, or otherwise, the Commissioner shall appoint a.nother' orotliers i~, their stead. "

(2) Every candidate for examination shall pay to the Dental Board such fee as is fixed by the Commissioner for such. examination, and shall pro· duce a diploma of graduation from a dental college, or school of dentistry or satisfactory evidence of having served an apprenticeship as provided for in this Ordinance, and pass an examination in the following subjects: Anatomy., Physiology, Chem· istry, Histology, Materia Medica, General and Den· tal Pathology, Metallurgy, Operative and Pros tlletic Dentistry, Oral Surgery and such other sub' jects as are prescribed by such Board from time to time and approved by the Commissioner." "( 3) 'rhe Dental Board may retain the examina tion fee in payment for their services as such ex aminers.

" 5. Section" of said Ordinance is repealed and the following

section substituted therefor: "7. A certificate from the Dental Board that ~l candidatc has passed the prescrib'ed examination shall entitle such candidate to be registered upon payment of the registration fee." G.

Section 13 of said Ordinance is amended by adding thereto the following sub-sect;(\1l : " (2) 'rhe 'rerritorial Secretm'y upon proof- b,v statutory declaration that any person registercd under any of the provisions of this Ordinance is not domicile<l in, 01' a vona fide resident of the Yuko.:1 Territory, shall erase the name of such person from the Dental Hegister and the name of such per son shall not be entered on the Dental Register ex cept under the provisions of sub-section 2 of Sec tion 6 of this Ordinance. "

(3) Before striking off the name of any such person the 'f'erritorial SecretaJ'Y shall give written notice to such person by posting, duly registcred, addressed to such person at thc address left with him by such. person, or if no address is left, then 'it Dawson, Y. T., a statement that such statutory declaration has been made at least twenty days be before a date named in such statement. On such date if such person does not appear at the office of the 'l'erritorial Secretar:y by himself or sOlile other per- Candldates to pay to"l and pass examination Dental Board may retain fee.

Sec, 7 re pealed and new sec. substituted. Certificate of Dental Board New sub. sec. added to sec. !3_ Name may be struck off regi~t~r. Tenl lo,"ial secretary to send notlc~.

Decision to be final. 48 DEN 'f.LST R Y. son arid dispi'O\'e the allegations contained in such declaration his name shall be struck from the reg ister." "( 4) 'fhe decision of the Territorial Secretary shall be final.

STEAM BOILERS. 49 AN OUDINANCE '1'0 AMEND THE ORDINANCE iRESPEC'l'ING· STEAM BOILERS. [Assented to October 16, 1903.] The Commissioner of the Yukon 'l'erritory, by and with the advice and consent of the Council of sai'dTer'ritory, enacts as follows: 1. ~o person shall operate a steam engine or boiler of a greater capacity than fifteen horse power: nor shall any owner employ any person to operate allY such engine 01; boiler unlt.'Ss he is of the full age of twenty-one years and has obtained a license :113 hereinafter provided. 2. :Engineers shall be llh'ided into three classes, \'i·z .. : :First Class-Engineers qualified to operate any steam engine or boiler.

Second Class-'-Engineers qualified to operate any steam . engine or boiler not exceeding fifty actual horse power. Third Class-Engineers qualified to operate any steam . engine 01' hoiler not exceeding twentJ,-fiye· aetual horse pow~r. 3. Th~ '['erl'itorial Secretary shall canse to be prepared a list of the enginecrs entitled to operate all enginc and boiler nnder this Oniinance, and shnll speeify therein the kind of engine aud hoiler such eIl~ineel's may operate. 4.

He ~hall forth with ca use to he entered on sueh Bst the mll1leS fif all perSOlls who are at the date of t!)(' passing of this Ordinance p()ssess(~d of certifi eilt(~ of '1ualifieatiol\ undel' the pl'm'isions of the Stt~HII\ 'Boiler Ordinance and the kind cif engine and l)()ill'r sHeh persons IlIay operate. 5.

In addition to the persons entitled at the time of the cOJllin~ iIlto force of this Ordinance to he entered on said list, ever,)' person who is the' hol/lp-r of a certificat.e of f1ualification from an,)' inCOl'pOl·· utedhofly autllOrized to grant sl1ch eertifieutes nf Only licensed engineers to operate boller~ o\'cr 15 h. p. Three classes 6f englllee"~, List to I .... prepared. \Yho to be entered 0'1 list. Other per sons who may be en tered on 11:4

Persons wiShing to become en gineers to serve eighteen . months and p3..'!s examination Examina tion fee $5. Penalty "01" Infraction of ordlnan"·~.

Sections repealed. 50 STIE'AJM BOILERS. qualificatio~· for ,operating" s.t~am boilers and en gines or froH} the -Dominiohor any Provincial Gov ernment, or from atiy other competent authority in any other portion of the Bdtish Empire or the Unit ed States ofAmeric~,_shall be el,ltitl~d. upon making application to the 'rel'ritorial Secl~etary and upon payment of ,1 fe~ of $5.00, to outain a certificate of qualification and to he registered unuer the provi sions· of this Ordinance, 6, Any otlJer person who may desire to qualify for registration and. to obtain a certificate entitling him to operate steam boilel'S and engines connect ed therewith 'in thc 'L'cl'l'itol'\' shall sene tweiYe months as assistant to the holder of a certificate is sued in accordance with tlle provisions of this Orui nance and at the expiration of such term shall pass an eX<llllinll tiOll before one of the inspectors ap pointed undcr this Ordinance to prove that he has the necessal'y knowledge of the construction, care and opel'atioll of stationary steam boilers .iud en gincs connected thcrcwith; if the inspector con ducting such examination is satisfied as to the knowlcdge and llualification of the candidate, and also as to his IUlYing sen-ed the term of twelve months as herein pl'o\'ilicli, be shall issue a certifi cate to tlJat effect, and stating the kind of boiler and engine said candidate may opcmte.

Upon filing this certificate with the Territorial Secretary and paying a fee of $5.00, the caJldidate shall be duly registered and granted a certificate, .

Section 9 of Chapt.er 7 of the Consolidated Or dinances is amended by striking ont the words and figures "$10" in the fOl1l'th line thereof and substi tuting the words and fignrcs "~5:' therefor, S. Any person gnilty of nil infraction of this Or dinance shall be liable Oil sllllllllary conviction to a filw of not exeeedillg' $50.00 :lnll costs, and in default of payment forthwith after cOllyiction to imprison ment for a period not cxceedingolle month. 9, Sectioi'ls20, 21 and 24' of' the Ordinance Re specting- Steam Boilers arc repealed.

FREE PUBLIC ·LIBRARIES. 51 No. 20 of 1903. AN OHDI~ANOE TO PHOYIDE FOn THE MA.N AGEMENT OF FHEE PUBLIC LI- BH.AUIES WITHIN THE CITY OF DA W SON. [l1sscntcd to Oetullcr ni, J90.3.] The COllllllissiuuer uf the Yukon Territory, hy HmI with the advice and consellt. of the Couucil of said Territory, enacts as follows: 1.

Seven persons, fOllr of whom shall be appoint (~d hy the Couueil of the City of Dawson aud three u,Y tIle COllllllissiollcr of the~ Yukon Territory, shall cOllstitute a Board of ManagelUent of Free Public Lihl'Hries for the City of Daw~uD, which Board i-:.hall Il(~ a hody politic and corporate, and the gen eral lIIHl1agelllent, regulation and control of all Free 1'IIhjie Liln'al'ies and of the news l'OOIllS and mu ~·.e'lllls, if any in connection therewith, in said city, <:<111 he vested in and exercised by such Board . • , The members a.ppointed hy t.he COlludl of ~'llid eity nlld the COlllmissioner of the Yukon 'L'er "itory r<.'~pedive]y shallretire auunally, but may Iw ,·(~app()illted. 3.

The lIIembers first appointed by the Oouncil of sai(l t:ity and by the Oommissioner of the Yu kO!l Ter"'itol'Y rcspectiYcly, shall hold office until the first (lay of July .ifter their appointment. 4. In case ofa vacancy by deatll or )'esignation of a member or f),om anJ' cause other than the ex piration of the time for which he was appointed, the Inemoerappointed in his place- shall hold office ffl)' the remainder of his term. 5. Subject to these provisions, each of the mem bel's shall hold office for one yem' frOJII t.he first day of .July iu the year in which he is appointed.

Board of manage ment of lIbrar~·. Members to retire annually. First mem hers to hold otlke to 1st July. In caRt! Of vacancy member to he appOinted fo)" balance of term. 6. 'J'be Board of Management. shall elect one of Chalt'man. their number as chairman, who shall hold office for one year; he shall iH'cside at meetings of the··Board

Meetings. Meetings, how called. Business at meetings. Proceedings to be enter ed In book. Entrle~ in book to be c\'ldcnce. Powel's U~· board. Board ma~' make by-laws. 52 .. FREE PUBLIC LIBRARIES. ;, . when present; in his absence a chairman may be chosen pro tempore_ The chairman shall have the same right of voting. as the other members of the Board and no I)t.her, 7. The Board shall meet at least once every month, and at such other times as they think fit. 8.

The chairman or any two members may sum .111011 a special meeting of the .Board by gi'\'ing at least two days' notice in writing to each member, specifying' the purpose for which the meeting is called. !I. No husiness shall be transacted at any general 0/' special meeting unless foul' members are pl'es ('11 t. 10, .\,,11 ordeL's and pro::ee,lings of the Bum'(l shall he (mtel'cd in books to he kept hy them for that 1"II'pOl;(!, <11111 shall he signed by the chairman fOL' the t.illle heing;, 11..

The m'ders and proceedings so entered and plIl'pm'ting' tn he so signed, shall be deemed to he OI'iginal orders and proceedings, and sHch books lIIay he IlI'mlnced and read as evidence of the orders Hmi proceeding's upon any judicial proceedings whatsocver. 12.

Subject to the restrictions and pro\-isiol1s hCl'einaftel' coutaiueu, the Board am ft'om time to tillle, to pL'ocure, erect, 01' rent the necessary build· ings for the purposes of the I ilmlr)" or of the li \.Ieary, news room and museum (as the case lllay he) ; to purchase books, newspapers, reviews, lllaga #'.illes, maps and specimens of art and sciencc, for tILe \Lse of the library, news room and museulll, and to do all things necessary for keeping the same ill iI proper state of preservation and repair; and to plII'chase ilnd provide the necessary fuel, ligh ti IIg 011111 nt.hel' similcu' matters, and are to appoint and dismiss, as tll£y see occasion, the sa1.aried officel's and serva Ll ts cmployed, 13. 'I'he Board may make by-laws 01' rules for the safety Hnd nse of the library, news room and museUIll, and fur the admission of the puhlic there· to; and for regulating all other matters and things whatsoever connected with the management of the Ii\wary and (If the news room and museum (if any),

FREE: PB'BlI:.LC LIBRARIES. &a and with the management of aHproperty of every kind under their control .. for' the purposes of this Ordinance; and the Board may impose penal ties for breaches of' the by-laws or rules not ex ceeding $10_00· for any offence; and may from time to time repeal, alter, vary or re-enact any such by law~ or rules. 14. Nothing herein. contained' shall preclude the recovery' of the value of·:articles or things damaged, or the amount· of . damage· sustained. from parties liahle: for the same. 15.

The Board, of Management shall keep dis tinct and regular accounts· of their receipts, pay ments, credits and liabilities, and. their accounts sliall be audited by the auditors of tIle City in like manner tlS other accounts of the City, and shall thereafter be laid before the Commissoner ,in Coun cil, and the Cit~' Council by said Board of Manage· ment. 16. 'l'he Board of Management shall, iu the month of March in eyery year, make up or cause to be rnade up, an estirnate of the sums required 'to pay, during the ensuing financial year, the expense of maintaining and managing the libraries, neWb rooms or museums under their control, and of uiak ing purchases required therefor. (2) 'l'he Board shall report their estimate to the said, Councils not later than the 1st day of April 'in each year. 17.

All moneys voted by the City Council for the maintenance of any such library shall be paid out by such Council on the orders of the Board. 18. All such libraries, news rooms and museums dealt with under this Ordinance shall be open to the public free of all charge. 19. 'l'he propert:y owned, by the Dawson: Free Li brary Association ,shaN be vested in the said Board. Value of articles damaged to be reco\'ered Board to keep accounts. Board to prepa.re estimate. Money voted by CIty Coun cil; how paId. LIbrary to be free. Property ot Dawson Free LIbrary vested In Board,

64 . THE ZERO CLUB. No. 21 of 1903 AN OHDINANCE '1'0 INCORPOHATE "THE ZEHO CLUB, LIMITED." [Assentc(l to October 16, 1903.]

Preamble. 'Whereas, the persons hereinafter named have by Persons constituting club. Powers. their petition IH'ayed for the incorporation of them sel ves and ot.hers as an association fol' the purpose of organizing, conducting and carrJ'ing on a social club and such other business as is incidental thereto; And

whereas, it is deemed expedient to grant the pl'ayer of the said petition; 'l'herefOl'e the COllJmissioner of the Yukou Tel" l'itory, by and with the adYiee and consent of the CO\lncil of the said 'I'el'l'itol'Y ,enacts itS follows: William Hil'alll Fairbanks, Omnge EIezekiah Cla)"k, Hobel't Howard Stanley Cresswell, 'Villiam 'I'holllas BalTett and 'Villiam Legh 'Valsh, all of Dawson in the Yukon '1'erritory, together with sllch persons as ha \"(! signed the share list of said Club, a eopJ of which is annexe(l to said petition, and also such persons as lIIay hereafter h'ecome lIJemhet,s and shal'eholders in the Club hereby in· COl'poJ'ated are hereby constituted a body cOl:poratc unde)' the nallle of "The Zero Cluh, Limited," here· by called "The Club,'~ with the powel's following: (

a) To conduct and tarry on a general Club [[ollse, tOll1bining reading, writing and dining rooms and other roollls for the purposes of enter· tainment and recreation. (

b) To ta ke on lense allY )'ea I 0)' pCl'!';onH 1 Pl'OP' erty which the Cluu may thillk. tit for the purposes of its business. (

c) To execute and elltel" illto !';uch contL'acts as may be a(l\'isahle fOl' calT~'illg out the purposes of the Club. (

d) To fl'allle, draw up awl enforce a COlH~ti· tution, i-ules, regulations and by-laws respecting the management and conduct of the affairs, con cerns and husiness of the said Club.

THE ZERO CLUB; 66 (e) 'fhe Head Office of the Club shall be in the City of Dawson, in, the Yukon Territory. (

f) The Capital Stock of the Club shall be $2,000, divided into' 200 shares of, $10.00 each, with power to the Club to increase its capital as the necessities of the Club may require to a further amount, not to exceed $5,000. (

g) The following persons shall be and are here by constituted the first Directors of the Club: Wil Ham Hiram Fairbanks, Orange Hezekiah Clark, Robert Howard Stan]ey Cl'esswell, William Thomas Barrett and William Legit Walsh. (

h) The shareholders of the Club shall not as such be responsible for any act, default or liabil-. it~ of the Club or for any engagement, claim, pay ment, loss, injury, transaction, matter or thing re lating to or connected with the Club beyond the amount unpaid on their respective shares in the Capital Stock the)'oot Head office. Division or capital .. tock. First Directors. Sharehold ers not responsible beyond amount or unpaid share!!!.

Short title

Sec. 14 re pealed nn<i new sec. substltuled

Sec. 16 repealed. New rules Bubstltuted for rules 1 and 2. 56 JUDICATURE. No. 22r of.· 1903~ AN· ORDINAN:CE TO A~IE~D THE JUI)ICA TURE ORDINANCE AND RULES .. [!lssented to October 16, 1903.] The Commissioner of the Yukon 'l'erritory, by and '"d-th the advice and I consent of the Council of said Territory, enacts as follows: 1. 'l'his Ordinance may be cited as "The Judica ture Ordinauce Amendment Ordinance, 1903."

Section 14 of the said Ordinance is repealed and the following substituted therefor: "14.. The practice and procedure of the Terri torial Court of the Yukon Territory shall be regu lated by this Ordinance and the rules of Court, but the Judges of the said Court or a majority of them shall have power to frame and promulgate such additional rules of Court as they see fit and lUay therein vary, annul, add to or amend the ex isting rules, subject to the following conditions: "(

a) Such rules shall be forthwith posted in the cffice of the Clerk of the Court at Daw50n and shall state a day not less than ten clear days from such posting upon which the same shall take effect 50 as to permit of the publication of the same in the Yukon Official Gazette as hereinafter provided, and a copy of such rnles shall be transmitted to the Territorial Secretary and by him published in the Yukon Official Gazette at least tell clear days before the same shall take effect;" "(

b) All such rules shall be laid before the Yukon Council at the session thereof next fOllowing the making of such rules, and shall remain in force until the conclusion of such session and no longer, unless approved by the said Council."

Section 16 of said Ordinance is repealed. 4. Rules 1 and 2 are repealed and the following substituted therefor: "I. Every action except as otherwise provided

JUDICATURE· shall· be cOUlmenced' by' writ of summons in form "A'" in the S·ch'ecl1tle hereto, with, such J variations as circulllstances require, which writ shall i be is sued by the Clerk upon receiving, from the plait;, ti tf . tll'e documents specified in Rule 2, and the p,roper, fees." "2.

At the time of the issue of the writ, the plain· tiff 01' his solicitor shall' deliver to the Clerk two cOp'ies of the plaintiff's statement of' claim, and ')ne of such copies shall he attached to such writ and file.l with it by the Clerk in his office, and a copy of sHch statement of claim shall he attached to eadl copy of such writ served." 5. S 1I h-sections (2) and ( 3.) of Rule 3 are re pealed and .the fpllowing substituted th'erefor: "2.

If the writ of summons, is . served within a distance, of ten miles from the Clerk's office whence it is., issued the, time for appearance shall be eigld, daysft'olll such service, and it" it is served 'at a dis tance of more, than ten lIliles, from such office an additi0lHII day for eyery auditional ten miles shall be addeu to, such ,time for app,earance:" 3'., A, Judge may by' order shorten the time for appearance. , 6. Uule 3 is fuorther amended by adding thereto the following sub"section:: "( 4) The writ need not state the defendant's ad dress." 7.

Sub-section ,2 of Rule 13.is repealed and the foUowing substituted therefor: "( 2) Where the service of a writ out of the Ter ritory may be allowed under Rule 17 and the de· fendant, whether a British subject or not, is, or was at the time the cause of action arose, carrying on business within the Territory, the Court or Judge may, if the cause of action arose in respect of such business" make, an order allowing service upon ,any person having ,the control or management of the· business,. and such service shall be equiva lent to personal service." (Ont. 147.) 8.

Rule 17 is. amended by inserting between the words "summons" and "on" in the first line there of the words "or notice of writ of summons.' 9. Sub·section 1 of' Rule 17 is repealed and the following substituted therefor: New sub secs. for 9_ s. ~ and '3 , of rule 3 New suI>, sec. added to rule 3. New sub sec. for sub

sec. 2, rule 13. Service' on manager where de fendant out or jurlsdlc-, tlon, Rule 17 amended. Sub-sec. 1, rule 14, r,! pealed and new rule substituted',

Sub-sec. 4, rule 17, amended. New rule substituted for 18. Service out ot jurisdIction. In torelgn countries notice only to be served Rule 19 amended, New rule substituted for rule 25. Joinder or 'Plain tiffs. 58 .1UDlCATUR~. "( 1) The whole su,bject, ~atter of tIle action is land or a mining claim or claims situate within the Territory or any interest therein (with or without rents 01' profits) ; 01',:' . ] O.

Sub-section 4 of Rule 17 is amended by add ing thereto the following words: "The action is for the dissolution or winding up of any partnership carrying on or which has ,car ried on business within the l'erritory, so far as the husiness 01' property thereof within the Terri tory is ·concerned, or for an,)' relief incidental there- to, 01'''. ' ' ] 1. Rule 18 is repealed and the following substi tu ted therefor: "18.

Every application for leave to serve such wl'it of summons 01' notice on a d'efendant out of t.he jlll'isdiction shall be before writ issued, except M' hel'einbefol'e provided for, and supported by aflid;t\'it stating that in the belief of the deponent the pIa i 11 tift' has a g-ood cause of action and showing ill what place 01' country the defendant is or prob ably lIIay he fOllnd, and whether such defendant is n Bri tish Sll hject or not, and the grounds on which the npplicatioll is made; but no such leave shall bG g:1':lllted lIulpss it shall he made sufficientlYI to appeal' to the Judge that the case is a pl'oper one for senicc out of the Territory aforesaid." "(:!) "\Vhell the defendant is neither a British subject nor ill Bl'itish DominiQns, notice,of the writ and lint the writ itself shall be served upon the de fentlallt ill the 1I1ClIIlll'1' in which writs of SUJIllllOnS are seITed." (ElIg. (;9 and 70.) l:!.

J:ule]!) i:'> nlllelHle(1 by inserting between the words "wl'it'" allll "i:'>" ill the fourth line thereof the words "01' lIotice." ]3. Bilk:!5 is I'epcaled and the following substi t1l tl'(l thcl'efor: "25.

All pel'sollS llIay be joined in one action as plaintiffs, ill whol\l any I'ight to relief in respect of 01' arising out of the sallle transaction 01' series of transactioll:'> i:'> alleged to exist, whether jointly, sevel'ally, or in the alternative, where if such per sons hl'ought sepal'ate actions any common ques tion of la\\' 01' fact would arise; provided that if npon the application of anYI defendant it shall ap pear that sudl joinder may embarrass 01' delay the

JUDICA-TURE. 59 trial of action, the Court o~ ,Ttidge may' order' s:ep ai'ate trials, or make such other order as' is expe dient, and judgment lllay be given for such one or more of the plaintiffs as are' found to be entitled to relief, for such relief as he or they is or are entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to his costs occmdoued hy so joining any person who is not found entitled to relief unless 'the Court or a Judge in disposing of the costs otherwise directs." . (E. 123.) "

(2) Any. number of servants, workmen or em ployees of any person may join as plaintiffs in one action . to recover any amounts alleged to be due them for wages from such person." 14. Hule 88 is amended by adding thereto tl~ following sub-sections: "

(2) It shall not be necessary on signing judg ment in default of appearance to file any affidavit of default." "( 3)' "There service is made within the jurisdic tion the affidavit of service shall state the distance of the place of service from the Clerk's office whence the writ issued." 15., Hule 103 is amended by adding thereto '11le following words: , . "Unless such time be abridged by a Judge." 16. Hule 132 is amended by adding after the word "form:' in the sixth line thereof the words "with such variations as circumstances require." 17.

Rule ]57 is amended by adding thereto the following sub·section: "( 2) It shall not be necesal'Y upon entering judgment ill default of defence to file any affidavit of service of the writ of summons." 18.

Rules 1G8, 169, 170, 171 and 172 are repealed and the following enacted in lieu thereof: "168. 'Vhen any party desires and is entitled to have the question of fact in any action tried by a Judge with a jury he shall, if a plaintiff, demand a jury in his notice of trial to be given as herein after provided, and if a defendant, he shall make such demand by giving notice thereof in writing to Employees may join ID suit for wages. New sub sec, added to rule ,88. Rule 103 amended. Rule 132 amended. Sub-sec adde'J to) rule 157, New rules substituted for rules 168 to 172 Inclusive. Trial by jury In cer tain cases.

Jury to consist oC six pl!r:C)'lS. Notice Ol trial by plaintiff. Notice oC trial by defendant. "lotion 10 dismiss Cor want oC prosecution. Fonn or . notice or trial. Length or notice of trial. Entry of trial. Avoidance or notice of trial. Notice of trial for Dawson. GO J·UDlOA TlURE. the plaintiff's solicitor within foul' days frOlll the tiille of the ·service of notice of trial oy the plaintiff or:·withiil: such extellded tillle as the COUl·t or a Judge allows,· or in tile notice of trial to oe given by th·e defendant as· hereinafter provided, and thereupon tile said questions of fact shall oe So tried." "1(;9.

The jury for the trial of such questions of fact in civil causes shaH consist of six persons,. whose verdict shall be unanimous." "1.0. ~otice of trial lllay oe given in any cans~ 01' matter by the plaintiff or other varty in the position of plaintilt at any tillle after the close of the IJleauings.:' {.K 4:15.) "{:!) If the plaintiff does not withill six weeks after the dose of the pleadiugs, or within such ex tel.l(led time as· the Court or J 1ll1ge allows, give no tice of trial, the defendant may, Lefol'e notice of tl'ial given by the plaintiff, give notice of trial or lUay apply to the Court or Judge to tliSll1iss the action for want of prosecution; and on the bearing of such application the Court or a Judge may order the actiou to be dismissed accordingly or may make such order and on such terms as to the Court or Judge seems just." (E. 436.) "171.

Notice of trial shall state the place for which it is to be entered for trial. It shall be in the fOl'1ll "~i" in the

Schedule to this Ordinance with such variations as circumstances require." (E. 437.) "( 2) 'ren days' notice of trial shaH be given un less the party to WhOIU it is given has consented, or is under terms or has been ordered to talw shcwt notice of trial; and shall be sufficient in all cases, unless otherwise orde,ocd by the Conrt or a Judge.

Short notice of trial shaH be four days' notice, unless otherwise ordered." (E. 438.) "(3) :Notice of trial shall be given before enter ing the- trial, and the t"ial may be eutered as soon as noticc of trial has been given." (E. 439.) "( 4) Unless within six da:rs after notice of trial is given. the trial· shall be entered by one party or the .other, the notice of trial shaH be no longer in force." (E. 440.) "( 5) Notice of trial for Dawson shall not be or operate· as for any particular sittings, but shall be deemed to be for any. day after the expiration of

JUDICATURE. 61 the .. notice on which, the trial . may come on its order upon the list." (- E. 441.) ':(6) .Notice of trial·elsewhere than·in .Dawson shaJlbe deemed to he f(H' the first day of the then next sitting!) at the phwe for which ~otice of trial is gi"en.~' CE. 442.) " ( -;) Nu notice of trial shall be coun termumlt·d except hy consent, or' h37 le~i"e of the Court ,or· a .1wlg:e,· \\-Ilieh lean~. may lie subjeet to SUcJ1 terms £1:;; to eo~tsol' otherwise as is just." (E. 443.) "(

S) If the party g:iving notice of trial for Daw· sou olllits to enter' the tl'hil on the day 01' day after giying- notice of trial, the party to whom notice ha:'\ . heen' g·jyeu 'may, unless the llotice has heen coun : tcrlllaJHle(l under' the last preceding rule, within foul' day:;; enter the trial." (E. 444.) :, (!). 'Vhen atrial which has heen entered' has' heen postponed 01;' withdrawn uudel' Hnle 1i.4, 0)' settled,the party who made the entry shall im med.iately . thereupon give notice thereto to the Clerk of the· Court, and such entry shall be. ex punged frolll the'list." (E. 449.) " ( 10) .

If th e t ria I is entered by both parti es, it !'hall he tried ill the or(ler of the plaintiff's ent~s, nnd the defendant's entry' shall be vacated." ( E. :452.) "172. The. party entering the trial shall deliver to the' Clerk of the Court a tOpy of the notice of trial with proof of service thereof,.'and one copy of the whole of the pleadings. Such copy shall' he certified by the Clerk of' the Court and shall be called the 'Hecord.'~' ] n. .

Bule 190 is amended by strikinA' out the wOl'd~ "tIle Ju(lge'~ in the third line thereof and suh stituting thel'dol' the words "a J ndge hr the Clerk of the Court." 20_ Rule 203 is amended hy striking: out the words "and a subpoena~~ in the seventh line, thereof. . 21 .. The said Ordinance is further amended by adding the following rule after .Rule 292: "292a.

Except by special leave of the Court or a Judge affidavits upon which. a .notice of motion or ,peti tion is fo\mded shall be filed before the return day of the notiee of motion or petition and served therewitl.l, and any affidavits to he used in reply shall he served not later than the day immediately preceding the return day of such motion or petiti,)n Notice of trial elsewhere. Counter manding notice. Entry ·for trlal:·by party served with notice. Withdrawal of trial af ter notice. Order of tl'lal. Record. Rule 190 amended. Rule 203 amended. New rule Filing of affidavits.

Rule 334 amended. Sub-sec. 2 ut rule 357 amended. New rule substituted for rule 363. Goods should be exhausted before 1;1nc1s sold. Hule 364 amended.

New· rule substituted for 367. 62 JUDIOATURE. and filed before said return day, and the affidavits in reply to' matter may be filed and'served on the mo~riiri~(ofthe return day, aud any exhibits, copies .()f which .. are not served. with the affidavits, and which are to be used upon the application, are to be deposited with the Clerk at the time of the filing of the 'nffiflavits, SHch exhibits, unleRs otherwise 01'- 11ered, to he delivered out to the party depositing same, after the disposal of the motion." 22.

Hnle 334 is amended by striking out the \\"01'11 "and" in the second line thereof and inseJ'ting in lien thereof the word "or." 23. Suh·section ·2 of Rule 357 is amended by in serting hetwcen the words "thereto" and "lllaJ~;~ in the sixth linc·thewords "other than a quartz claim subsequent to the issue of the patent therefor." 24. Rule 363 is repealed and the following sub stituted therefor: "363.

Any person who becomes entitled to issue a writ of execution against goods may, without is suing sllcll writ, issue a writ of execution againST tll(' lunfl!o> of thc person liable, providing that nor less tllan $50.00 remain due and unpaicl on the judgment Hwl deliver the same to the sheritf, but such ollice shall not sell the lands within less than three months from the day on wldch the writ against thc lands is delivered to him nor until one month's notice of sHch !'lale has been posted ill con spicuoll!'l places in the Sheriff's office, and the office of the Clerk of the Court_" "( 2) It shall not be necessary to publish such Hot.ice in any newspaper." "

(3) Thi8

section shall apply to all executioJl8 against lands now in the Sheritrs hands." 25. Hnle 364 is amended by striking out all the words from the word "no" in the first line thereof to tIle \\"01'11 "officer" in the fourth line thereof, both inclusive, and hy: inserting in lieu thereof the fol lowing: . "A sale under any execution against l:1Jlfls may he harl without a retm'n of nulla hona in whole 01' in part with re8pect to. an execution against g'oorls in the same ,suit or llI:1ttel' being made by the same officer." 26. Hnle .367 is repealed and the following' sUh- 8ti tnted t)l(~l'efor: -

JUDICATURE, 63 · \.:' " ' ;. "367. If tbeamo:u~t 8;,uthorizedto, b~inade and levied UJlller the writ against goods is made and levied thereunder 'the person issuing the writ against lands shall be entitled to' 'the expenses thereof and of any' seizure or advertisement there- under and the return to be made by the officer charged with the execution of . the writ against lands to such writ shall be to the etfed that the amount has been so made and levied as aforesaid." 27. Rule 368 is amended by inserting at the end of the first line thereof the words "real or." Person Is.ulDg per mit entitled to expense there'of.

Rule 368 amended, 28.

Rule 378, sub-section 1, is repealed and the' Rule 378, S.s. 1, re- following is substituted therefor: pealed a.nd •• S, 8, sub- "When an order or Judgment IS for, the recov- stltuted, ery or pay~nent of money the party entitled to en- EX:lmlna force it may. ,obtain from the Cler~' of the Court an ~11~~to~C appointment for the oral examination. before him liable under judgment. of the debtor liable under such judgment or order, 01' in the case of a' corporation, of any officer thereof as to whether any and what debts are owing to the debtor, and whether the debtor has any or what property or means of satisfying the judgment 01' order; and the partJ1 entitled to enforce such judg- ment 01" order may ser\'e upon ,such debtor,a notice requiring him to· produce upon such examinHtion any books or documents." 2!).

H111e 380 is amended ,by striking out all the words hetween the word Ilorder" in the second line thereof and the word "may" in the fourth line thereof and by adding thereto the following sub- section:

(2) Any person liable to be examined under sub·section 2 of Rule 378 shall be entitled to the like conduct money and payment for expellf::cs and loss of time as upon attendance at. atria 1 in conrt, but no person liable to be examined under the other provisions of the said rule shall be entitled to any conduct money, witness fees or exp.enses.~' 30.

Hnle 382 is a~llended by adding after the word "affidaYit" in tile se'-enth line thereof the words Hby the plaintilf or judgment creditor, his solicitor or agent or some person on 'his,bellalf haYing full knowledge of tile: matters deposed to: aud b:)" add ing .thereto the following sub-section: "( 2) Any number of garnishecs may bc" i.u{.:bf)ed in one summons." Rule 380 amended. Party not entitled to concluct money, Rule 382 amended. Garnlshees may be joIned,

Rule 386 amerided. Rule 387 amended. Rule 395 re pealed and new rule substituted. Exemption of employce $75 per month. Hule 4~O amended. Salary of rccel\'cl' to hc paId by judge. Rulc 4~~ amended. Rule 430 rc pealed and new rule sUbstituted. Costs of wrIt of at tachment In dIscretion of' judge. Rule 432 amended. Rule 435, s. s. 4, re pealed and new rule substltute·.1. 64 JUDICATURE. 31. . Rule 38G is amended by striking uut the Will'll '~p~l'l1lallently" in the third and fourth lines thereof. . 32.

Hule 387 is' amended' by inserting betweel1 the words '''costs'~ and "a ud d()es'~ in the third li ne thereof the words "to he fixed by the Clerk of the Court.'-' "33. Hule.3U5 is repealed mid the following suh st.itllted thei;eror: "395.

Ulllel-ls the deht slH~d for or in resped of whith the judgment was I'ecoYered ,has heen COll t.l'aeted fOl' hoard and lodging, the wages or salary of a lIIechanit:, \\'()J'kmHu, lahourer, "It~I'k or em ployee, shall 1I0t he liable to seizure 01' attnchlllellt. unless such wages 01' snl;Il'Y! exceed!': the )'atJ or l"1·\·ent.r-fi\,l~ dollars pl~r month, and then onl} to the extent. of the excess." "(~) All paYII"!llts whieh have heen HUllle on c\('I;Ollllt. of slH'h wages 01' salar,)' dlll'ing: any period ill \\'hidl t.he sante are heing earlled shall he dt' d ndell frolll t.he a hove exelll ptifHl." :34.

Bul('. 420 is HllIemle(l hy adlling- at the 1~IJ(l thel'pof t.he fflllO\dng- wOl'lls: "to he fixell hy t.he ,J Ildg-e 1111 a ppl ita tioll of such receiver, amI the Jlldgl~ l1Iay in his discretion Ilit'cd t.hat the amount of sllch I'el:ei\'el'~s iO;alar'YI 01' allowallc(~ he paid to hilll fOl,t.hwith, either out of the funds, if any, in COlll·t t.o the cl'I!llit of the cause, 01' hy either of the pal,ties to Slid! ndioll as he deems just.~~ a5. Hnlc 4~!) is HllIel\(led hy inserting hetwecn thl' \\'ol'l1s "hl'reof'~ and "he" in the second line thel'!!of the wOI'I1s "01' the s.iid wl'it is set aside.~~ :3(;.

Bnll~ 4:30 is l'cpl'ah~(l and the following suhsti tutell t.herefOl': "430. Notwithstallding- the isslle (If a \nit of at· tnl;\lIl1ellt. the CaIlSI~ shnli he pl'oceetlell with in the ordinal'Y way, anll the costs of snd! \\Tit and all pr'oceedings ill SU«:i1 nd,ion shall be in the diRcre ti Oll of till! J Ildge," 37, Hull' 43~ is HlJ1el"led hy striking out the wlml "or" where itOC'Clll'S the second time -in the second 1i nc thereof, 38 .. Sub-section 4 of Hule 435 is repealed and the follfj,Hiig' substitutell thel'efor:

JUDICATURE. 65 "( 4) After the issue of a writ of replevin the de fendant or his agent may apply to the Judge for an order allowing him to retain or recover posses sion of the property, upon giving such security to the Sheriff as the Judge directs, and the Judge may, on such application, make such order as he deems just.

In the event of the property replevined being returned to the defendant under the provisions of this section, the security given by the defendant therefor shall be assigned on request to the party entitled to the benefit thereof by the Sheriff en dOl'sing his name thereon, and such endorsement shall be sufficient to enable such party to bring action in his own name against the several parties who have executed such security." 39.

Rule 466 is amended by striking out the words "application for summonses, rules and orders to show cause" in the first two lines thereof, and by striking out th(' words "summons or" in the fifth line of said rule .. 40. Rule 467 is amended by striking out the words "summons 01''' in the first line of said rule. 41. Rule 4.2 is amended by striking out tbe words ((summons or" in the third line of said rule. 42. Rule 483 is repealed! 43.: Rule 484 is amended by striking out the words "summons or~' where they occur in the first and third lines of said rule. 44.

Rule 487 is amended· by striking out the words "summons have been issued or" in the first and second lines thereof, and by striking out the words "summons or" where they occur in the third and fourth lines thereof. 45. Rule 48!::i is amended by adding thereto the following sub-sections: "

(2) Where any motion or application is made to .the Court or a Judge and it appears that the material upon which the same is made is defective and insufficient in substance or in form, if it ap pear· to the Court or Judge from statements of. counsel or otherwise that such material can be per fected by the applicant within reasonable time, the motion or application shall not be dismissed on ac count of· such defective or insufficient material, Rule 466 amended. Rule 467 amended. Rule 472 amended. Rule 483 repealed. Rule 484 amended. Rule 487 amended. Rule 488 amended. Where. material detective motion may be postponed.

Party who obtaIned order on detective material may be gIven leave to peI1'ect same. New rule substituted tor No. 509. Cases In which judgment or order may be appealed trom. Rule 612 amended. Notice ot appenl to court ell banc.

Documents to be filed on appeal. 66 JUDICATURE. but the applicant may be given leave to perfect such material upon payment of the cost.s occasioned to the opposing par-ty by his additional attendance." "( 3) Upon an application to the Court or a Judge to set aside or vacate any rule 01' order Oll account of the samc ha\'iug been obtained upon defective or insufficient material, the Court 01' a Judge may ullow the party who has obtained such l'ule or order a reasonable time to pcrfcct the material upon which such rule 01' order was obtained by filing ad ditional material, upon such terlllS as are just." 46, Rule 509 is repcaled and tIle following sub stituted therefor: "5Of)' Except as proddcd in Hule 5U8, an appeal shall lie to the 'l'el'rito1'ial COllrt ell hallc from any tinal 01' intel'locutol'Y jmlgmellt, m'del' of the Court 01' a Judgc, where the matter in controversy amounts to thc slim or nlluc of !jji200,UU or upwards, or whe)'e the title to real estate 01' somc interest therein is in qnestiGn, or the valillity of a patent is atrected, 01' thc matter in question relates ,to the taking of an annual or othcr l'ent customary, or othcr duty or fees 01' a like demand of a puhlic or gcneral nature affecting futurc rights, or in the cases of proceedings fot, 01' IIpon cCl'tiol'aJ'i, habeas eOl'pus, mandamlls, prohihitioll 01' illjunction." 47.

Rule 512 is :1l11elllled by adding thereto the following sub-sectioll: "( 2) 'l'he notice of appeal shall !Je to the then existing sittings of the Oomt en !Janc, pl'oviued that such sittings is not within twenty llnys in the case of an appeal frolll a final order or judgment, anu foul' days in the case of all appeal from all interlo cutory, order from thC' date such notice is given, and if said sittings i~ witllin such twellty days, or four uays, as the caSe IIlnT be, then the notice shall be to the sittillgs of the Court en banc next there after i" "

(3) UlIless otherwise ordered by a Judge, on CYCI'.y appliea.tioll for lIew t)'jal, appeal or motion in the nature of appeal ill this COUl't, the party mo\' in'g 01' appealing sll:111, except in cas~s of appeal from jUdgments or ol'dcrs ma.de in interlocutory applieatioils or in procecdings at chamhers fiie wit.h the Registrar a pI'inted or typewritten 'copy of the statcment of claim and defcnce and other pleadings (if any), of tllc transcript of the steno gmphic notp.~ on trial, of the j1HIgment delivered and

.J UDICATURE. 67 of the notice of lIIotion iutended to 1.IC llIade in the cau~e, 01' of th~ noticc of appeal; Hnd ill cases 01 appeals from judgments or_orders made in the ill terlocuotry applications 01' in proceedings in cham bers, the party appcaling shall file with the Hegis trar a prillted 01' typl~w]'ittell copy of the docuJllents, evidence and other material used before the Judge, of the judgment delivercd and of the notice of ap peaU' "

(4) The appeal in (lraft form shall he submitted to the sulieitor for the respondent, WIIO shall, if he a.pproves thercof, return tIle saJlle within four rlayF.l to tile solicitor for t.he appellant, markerl "ap proved," hut if tIle said solicitor cannot a~ree on the contents of the appeal hook, the snmc sllall 'he settled by a Judge on application by the solicitor for the nppellant upon notice to the opposite side." "

(5) The appellants slwll in case of an appenl from a final jl1(lg-mcllt 01' m'del', have at least fifteen clear days anrl in nn appeal from an interlocutory order, at least. two clear days beforc the opening of the sittings whereat the 1ll{)tion is to he made or tllC appeal to he hearfl, file with the Hegistl'al' four copies, and deliver to the oppositc party one copy of the appeal hook as settled or approved." "

(6) In all." tase intcllde(l to he bl'ought before the Omu't in wllich, ill the opinion of cithcr side of the parties in t.cl'ested, it is couf;idcl'cd necessar:y that any OI'iginal papel's OJ' (lOCmllcnts On file in the Clerk's oflke shoulll he ill COUl't, on a praecipe therefore being filed, the Clerk shall produce the same in COllrt on t.he hearing of such appeal." "

(7) All appeals, mot.iOll r())' new trials, applica tions in the na tUl'e of appeab, mattcrs l'eferred to the COllrt hy a ,1 ndge, a lid special lIIattcl'S for argu men t hefm'e the COIII't, shn ll, hefol'c the opening of the COlll't on the first (lay of cadl teJ'm, be en tered or inscl'ihed hy tlll~ Hcgistl':II' on a list t.o be kept by, him, f;1H:II clltl'ies i-II the caSe of appeals, motions for new tl'ials, and applications in the natul'e of appea Is, to he so made in the order in which thc appcal books al'e file(l; in othel' cases in the ol'der in wllieh applicati())J is made, to enter or inscribe them, and the causes so inscrihed shall be t.aken up aftel' common 1Il0tionf; in t.he order in which they a1'C so <!J1tcJ'ell, IIllless othcl'\dsc ol'clcl'crl by the COl\l't." , "

(8) The fOl'egoillg l'IlII~:-: sllnll 1101, apply to com mon motions." "

(9) The first dny of tIle sittings of the Conrt Judge to settle dl,, agreement on appeal book. Filing and delivery of appeal book Original papers produced on praecipe. Entry of proceedIngs by regIstrar ~~xceJltion~.

Common motion day, TIme Cor appealing, Retusal of ex parte application, Application tor Judge's notes WhfolC stenograph ers not available, Interlocu tory order unappealed trom not to prejudlc;~ court en banc, Rule 515 re pealed and new rule substituted, AdmIt further e\'ldence or draw In ferences or fact, li8 JUDlGAT'UHE, shall be a common motion day; COllIlllon motions llIay, however, be lieuI'd at auy utlier timc during the sittings by; leave of the Cuurt_" "

(10) The time fOl' appeuling frulll any Ol'~er, or tlecision made or giveu iu the matter of the wllldlllg up of a company 01' iu allY otheL', uot ueing an action shall be the salllc as the time lilllited for ap-, . peal from an intel'locutor,}' order uuder sub-sectIOn 2 of this rule." "

(11) Where an ex parte application has been refused by the Court below, <Ill application for a similar purpose may be made ex parte to the Court en banc." "( 12) "There on an appeal to the Court en banc oral evidence taken, 01' rulings IIllll1e, in the Court IIdow, Ims or have to he cOllsidcred and a report of the same has Dot been ma41e hy all official stenu g-rapher, 01' if made, cannot ue produced, it shall he the duty of the appellant 01' of his solicitor, to apply to the Judge appcaled fl'om for a copy of his notes, for the u~e of the CO\ll't appealed to; and ill case default is made ill thisl'espect, rind the hear ing of the appeal has, in cOllseqncncc, to be ad jonrned, the appellant. nI' lds solicitor (if the latter be in fault) shall h(~ lia.hlc fOL' the costs occasioned by the adjournlllellt except otherwisc ordered by the Conrt for spccial reasolls," "

(18) No illtel'loclItm',Y Ol'der or rule from ",1Ii1:1I tlleJ'e has heen no appeal shall npCI'ate so as to har 01.' prejudice the CUlII't en halH: from giving S111:h decisions upon tll(~ a ppea.l as Inay be jnsL" - 48, Hulc 515 is repealed :md the following snb'sti tuted therefor: "515, The Court cn bllne shall havc all the pow Cl'S and duties as t.o amcmlmellt nnd othcl'wise of 1 he ,]'el'l'itoria I COli rt., together wi th full distl'etioD :try power to recei\'c fm·thel' cvidence 11 pOll ques tions of fact, snch c\'iflence t.o hc citllel' Iw oral ex amination in conrt, hy "ffhlClvif', 01' hy 'deposition taken before an examinm' 01' cOlllmissioncr, Such further evidence m<ly lH! g'i\'(~n withollt speeinl leave upon interlocutory applientioll, 01' in Hny ease as to matters which have or:c1I1'I'erl aft.cr the date of the decision from which the appeal is hrought, Upon appeals from a j1Hlgment. nftel' t.I'ial or llem'ing of any can se or mattcl' 11pon the merit.s.

SlH~h· further (:yiflenr.c (sayc as t" 111 a tters S11 hSer)1lCn t n s afore said) shnll he nrlmittcd on sper.ial gronnds ODIYl, .and not withont special leave of the Court. 1 The

JUDICATURE. 69 Court en banc shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make s.uch ,further 01' other order as the case requires. The. powers aforesaid lIlay bc cxeJ'cised by the said Cour

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1903
Type	statute
Volume / chapter	1903
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	c26c7ad8bfdf938fcad5aa3c49ae3215d75caf81

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