Consolidated Ordinances of the Yukon Territory, 1906 — Ordinance respecting Liens in favour of miners i. Chap. I, ?age. An Ord; Ordinance respecting amend Chapter 9 of the Consolidated Or- dinances o; Ordinance respecting amend CIlap ter 72 of the Consolidated Ordinances; Ordinance respecting amend Chapter 64 of the Consolidated Ordinances of

Consol. Ord. 1906

Yukon — Historical Statutes

Loading PDF viewer…

Consolidated Ordinances of the Yukon Territory, 1906 — Ordinance respecting Liens in favour of miners i. Chap. I, ?age. An Ord; Ordinance respecting amend Chapter 9 of the Consolidated Or- dinances o; Ordinance respecting amend CIlap ter 72 of the Consolidated Ordinances; Ordinance respecting amend Chapter 64 of the Consolidated Ordinances of

Consol. Ord. 1906

Yukon — Historical Statutes

ORDINANCES OF TH! Yukon Territory PASSED BY THE YUKON COUNCIL IN THE YEAR 190(j WILLIAM W ALLACE BURNS McINNES COMMISSIONER PriDted aDd Published lor tbe GovuDm£Dt 01 tbe Yukon T enitory Under tbe Superintendence of tbe King's Printer. L BY AUTHORITY 01

Chapter 4 01 th. Ordl .... nc .. 01 1904, Entitled •• A n Ordln.ncc Respc:ctin!( Public PrinUne.

ORDINANCE'S . .. OF THE Yukon Territory PASSED BY THE YUKON COUNCIL l"l THE YEAR 1906 WILLIAM W ALLACE BURNS MdNNFS COMMISSIONER Printed and Published for the Government of the Yukon Territory Under the . Superintendence of the King's Printer. BY AUTHORITY 01 Chapt.r 4 01 the O,.{inancos of 1904, Entitled" An O,.{inanc< R.spe:tir.g Public Printing,

~ABLE OF·CONTEN'rS An Ordinance respecting Liens in favour of miners i. Chap. I, ?age. An Ordinance entitled An Ordinance to amend

Chapter 64 of the Consolidated Ordinances of the Yukon Territ,ory, entitled "The Assessment Ordinance"' ....................... ................ 5 2... An' Ordinance to amend Cnapter 9 of the Consolidated Ordinances of the Yukon Territory, entitled "An Ordinance Respectlng the Public Health"' .,..................... . ...............•... ,.. 7 3. An Ordinance to amend

Chapter 5 of the Ordinances of the year 1905, entitled An Ordinance to amend

Chapter 72 of the Con­ solidated Ordinances of the Ynkon Territory, entitled "An Or­ dinance Respecting the r'reservation of Game In the Yukon Territory" ; .......... _ . . . . . . . . . . . . . .. ........................ S 4. An Ordinance to amend

Chapter 1 of the Ordinances of the year 1905, entitled "The Juries Ordinance" ... ' ..... , .. _ . . . . . . . . . . . . !J 5. An Ordinance to amend

Chapter G4 of the Consolidated Ordi- nances of the Yukon Territory, entitled '"The Assessment Or- dinance" .......................... .......................... 11 G. An Ordinance relating to the D'3cision of Constitutional and other Territorial ,Qu~sttons .. " ... , .... - . , .. . ...... " ......... ,.".

IS 7, An Ordinance entitled an Ordinance to amend Ordinance No. 45 of the Ordinances of the year 1901, entitled "An Ordinance to Incorporate the City of Dawwn" ............................. :'0 S, An Ordinance to provide for tllC! payment of Succession Duties in certain cases ........................ . ...................... . !J. An Ordinance to close certain portions of Fifth Avenue and Lam- bert and Elliott Streets in the Townsite of \Vhitehorse from use as streets by the public . ',' . . . . .. . .......................... ,. :~O 10, An Ordinance to amend

Chapter 7G of the Consolidated Ordinances of the Yukon Territory, entilIed '"The Liquor License Ordinance"' :::2 .11. An Ordinance to amend

Chapter IS of the Ordinances fOl' the year 1904, entitled "An Ordinance to Prol'ide fOl" Votel's' Lists fOI" Elections to the Yuiwn Council" ................. , ... , ... , . .. ;n ] 2, An Ordinance for granting to ne COlllmissioner certain sums of mouey to defray the further expenses of the public service of the Yu!wn Tcrritor~' fOr the !.lI'elvc months from June 30th, 1905, to June 30th, 1:)OG .. and for purposes relating' thereto; ancl for granting to the COllllllissioner certain SUIIlS of money to de­ fray the expenses of the JluuliC service of the Yukon TC1Titor.\' for the tweh'e months frolll .Tune :::Oth, 190G, to June :::Oth, 1907, and for purposes relating thereto" . . . . . . . .. . ... , ...... , ... , .... ,.. ~!) j;J, An Ordinance to amend Chap">:" f; or lhe Ordinances of ]~04, en- titled "An Ordinance Re~IJ·"~ling the Collection of Debts 4:; U.

An OrdinallCe to amparl till;' .l't',:icature Ordinance allJ Rules." _. ''-4

MlINERS' LIENS. .I. MINERS' LIENS AN ORDINANCE RESPECTING LIENS IN PAVOR OI<' MINERS . .\'£ TI-m (;O\'l~HN;'IIJ~NT HOUSE AT OTTAWA Satnnl(t!/J the 26th ([(t,v of J.1I(l,!/J 190(j Present: HIS EXCELU;NCL THE GOVEnNOn (:ENERAL IN COUNCIL. rJ'HI~ Governor General bv and with the advice and con­ sent of His Majesty's Privy Council for Canada, enacts as follows:- 1. This Ordinance may he citetl as "The Miners' Lien Ord i nance." 2.

In this Ordinance: ((£) '1'he expression "owner" extenus to and includes a person having an,)' estate or interest in the mine upon or in respect to ,,-hich the work or wooU in respect of which a lien is claimed is done or furnished, and all persons claim­ ing under him whose rigllts are acquired after such work is begun or such wood is commenced to be furnished. ' (

b) The expression "layman" means any person other th~U1 the owner who is working said mining cUtim or a part thereof' for an interest Or share of the minerals or ore produced therefrolll; (

c) The words "registering" or "registration" mean the filing or depositing of an instrument with the' Gold Oom­ mis~ioner or Mining Recorder.

Short title. Interpreta­ tion, ownel'. Layman. Registering.

Miner. Court or Judge. Who shall have lien. Effect of lien. To what property \Ien attaches. Lien. as to half Interest. takes priorl­ t~· over mortgage. etc. 11. MINERS' LIENS. (

d) The W01'o. "miner" means any person working upon a mining claim or in connection therewith. t

e) The words "Court" or "Judge" mean the Territori­ al Court of the Yukon Territory or a Judge thereof. LUJN FOR WORK OR WOOD. 3.

Any person who performs any work or service upon Qr in respect to, or furnishes any wood to be used in the working .of any, placer or quartz mining claim, shall by vir­ tue thereof have a lien for the price of such work or ser­ vices or wood upon the said mining claim with the appur­ tenances thereto, the minerals or ore produced therefrom, the lands occupied thereby, or enjoyed therewith, or upon or in respect to which such work or service is performed or for, or upon which such wood is furnished as well as upon the machinery and chattels upon such lands, limited, how­ ever, in amount to the sum justly due to the" person en­ titled to the lien. 4.

Such lien upon registration as in this Ordinance pro­ vided shall attach and take effect upon the date of the reg­ istration as against subsequent purchasers, mortgagees or other encull1hrancers whose mortgages or encumbrances arc registcred subsequent to the performance of such work or thc furnishing of such wood. 5.

The lien shall attach upon the cstate Or inteI'cst of the owner and all persons having any interest in the mine and the minerals or ores produced therefrom, and upon th'3 app11l'tenunces thereto, the lands occupied thereby or en­ jo),c(l therewith and the muchinery aud chattels upon such . lands. ., (i.

Any lien l'cg'istcred uuder the provisions of this Or­ dinance shall, as to Ull undivided one-half intcrest in said 111 in iug <:la i 111, the appurtenances thcreto, the lands occu­ pied therehy or enjoyed therewith and the machinery ano chattels upon sneh lands and as to one-half of the output from said mining claim, take priority over all mortg~ge~ and encl1murances against the same; Provided that a lien registered under this Ordinance shall not have priority over 1Uortg,tges 01' encumurances registe1'etl prior to the passing thereof.

M!IINERS' LIENS. ill. REGISTRATION OF LIEN. 7.

A claim of lien: IImY'be deposited in the office of the ~Iin~ng Recorder for the district in which the mine is situ­ ated and the office of the Gold Commissioner, and shall state:- ( (t ) 'rhe name and residence of the claimant and of the owner of the property to be charged, and of the person for whom and upon whose crerlit the work was done or wood furnished, and the time or period within which the same was or was to be done or furnished; ( b)' The work done or wood furnished; (c) 'rhe sum claimed as due or to become due; ( cl) 'rhe descri ption of the property to be charged; and, (e) 'rhe date of the expiring of the period of credit agreed to by the claimant for payment for his work or wood.

(2) Such claims shall be verified by the affidavit of th'.! claimant or his agent having a personal knowledge of the ~~~m~ . . S~ A claim lllay include the claims of any number of claimants aforesaid who may choose to unite therein; each claImant shall verify his claim by his affidavit but need not repeat the facts set out in the claim. . !).

The claim may be registered at any time within thirty 'days after the last day's labour for '''hich the wages are payable, or on which wood was furnished, or within thirty days after the time fixed for payment, or if the la· hour is performed or wood furnished between the first day of November in any year and the thirtieth day of April in the· following year, at any time within thirty days after the said thirtieth day of April. 10. l.'he Mining Recorder, or his agent. in whose office ~.he claim is deposited, shall forthwith forward to the Gold Commissioner a copy of such claim certified by him to be a true copy, and the Gold Commissioner shall enter a mem- ClaIm depos­ Ited with MInIng Re­ corder and Gold Com­ mIssIoner.

What to state. VerI lied by affidavit. ClaIms may be joIned. ClaIm may be registered wIthIn 30 days. MInIng Re­ corder to forward copy to Gold Commr.

Lien ceases arter expira­ tion ot time for registra­ tion where claim not de­ posited. Lien ceases after 60 days trom regis­ tration, where claim deposited. Liens en­ forced by originating summons. Court may summarily determine liability. LIen holders may join In action. Iv. MINERS' LIENS: orandum thereof against the mining claim descrihed there· in. 11. Every lien in respect of which a claim has not been duly deposited unuer the provisions of this Ordinance' shall absolutely cease to exist on the expiration of the tinh\ hereinbefore limited for the registration thereof. PnOCEEDINGS TO REALIZE LIEN. 12.

Every lien in respect of which a clai~n has been duly deposited under the provisions of this Ordinance shall absolutely cease to exist upon the expiration of sixty days from the registration of such lien unless in the meantime proceedings are instituted to realize the claim under the provisions of this Ordinance and a certificate thereof (which lUay be granted by the Court in which, or judge be­ fore WllOlU, the proceedings are instituted) is duly filed ill the office of the.Gold OOIDlUisioner. . 13.

Liens may be enforced by originating sumlUons in which shall be set forth the grounds upon whiCh such lien is claimed. Such summons shall be granted upon affidavit of the facts set forth therein, and the court or judge may, either ex parte or after notice, appoint a receiver for such time and upon such terms as are just and proper, upon proof to his satisfaction that the lien holder is in danger of losing his claim unless such receiver is appointed. 14.

Upon such summons being granted the court 01' . judge may, after notice given to the various parties inteL'­ ested, including the "\,-orkmen on the mining claim, which notice shall be given in such manner as the court or judge dh.'cts, summarily dete·rmine and fix the liability of the owner or layman for wages due to the claimant and other workmen who have filed claims and also his liability to any other person in respect of wood furnished. 15.

Any number of lien holders may join in one SUIn­ mons and anJi action brought by a lien holder shall be tak­ en to be brought on behalf of all the lien holders who shall have registered their liens before or within thirty days af­ ter the commencement of the action, or who shall within the said thirty days file in the proper office of the court from which the summons issued a statemerut of their re­ spective claims intituled in or referring to the said action.

MINERS' LIENS.' v.

(2) In the event of the death of the plaintiff or his refus­ al or neglect to proceed, any other lien holderwho,hasreg­ istered his claim or filed his statement in the manner and within the time above limited··for that purpose, may. be al­ lowed to prosecute and continue the action on such term~ as are con'sidered just and reasonable by the· court or judge;

(3) If the minerals 01' ()re produced from said' mining . claim are not sufficient to satisfy the liens registered against it, the court or a judge may direct a sale of the es­ tate and interest charged with the lien, to take place at any time after one month from the recovery of judgment, and it shall not be necessary to delay the sale for a longer period thereafter than is requisite to give reasonable notice thereof; . ( 4) 'l'he Court or judge may also direct the sale of any w()od, machinery and chattels charged with the lien. (5) 'When judgment is given in favour of the lien holder the court 01' judge may add to the judgment the costs of and incidental to registering the lien as· well as the costs of the action; . 6) Upon application the court 01' judge may receive 3e­ cUl'ity 01' paymellt into court in lieu of the amount of the claim, and' may thereu pOll vacate the registraton of the lien; : 7) ~'he court or judge may allnul the said registration upon any other gr.ound; . ~ 8) In any case tIle (;ourt or judge may proceed to .hem' and determine the matter of the lien and make ·such order as' ·is just, and in case the person claiming the lien has wrongfully refused to give a discharge thereof, 01' has' no just cause for his claim ()r claims a larger SUm than is found by the court 01' judge to be due, the court or judge may order and adjudge him to pay the costs of the otheJ' party.

DIWOLUTION AND ASSIGN~IENT •. 16.. III the event of the death ()f a lien holder his right of lien shall pass to his personal representatiyes.~ . In event ot death, etc., others may prosecute claim.' Estate may be sold when claim not satisfied. Machinery. etc., may be sold. Costs may be added. Security may be E(lven. Registration may be annulled. Court to de­ termine whole mat­ ter. Lien passes on death or holder.

Lien may be assigned. Discharge of lien. Registration fee .. Mortgagee. etc .. to be notified by owner or layman. Penalty for failure to notify. After lIe·n registered no gold to be removed. vI. MIINERS' LIENS. 17. The right of a Hen holder may be assigned by in­ strument,in writing. DISCHARGE OF LIEN. 18. A lien may be discharged by a receipt signed by the claimant or his agent and verified by affidavit and :filed in the offices mentioned in

Section 7 of this Ordinance; such receipt shall be numbered and entered like other instru­ ments. FEES. 19. The fee for registering any instrument under this Ordinance shall be $2.00. ENCUMBERED MINES. 20.

Every owner 01' layman, or if any owner or layman is an incorporated company, or is absent from the terri­ tory, the manager or agent of such owner or layman, who hires, or contracts with, any person to perform any work or service upon or in respect to or to furnish ·any wood to be used in the working of any mining claim, against which any mortgage or encumbrance was registered prior to the passing of this Ordinance, shall, immediately upon such hiring or contract, give.notice·inwriting to every per­ son holding any such mortgage or encumbrance of the fact of such hiring or contract.

Such notice may be in form A in the

schedule to this Ordinance. 21. Any pcrson failing to give such notice who fails to pa:y any such person hired by him, or by whom wood ha.Q been furnished as in the next preceding

section mentioned the full amount due such person, shall be liable to a penal­ t:y of not exceeding t\vo hundred and :fift:y dollars and, in default of payment of such penalt:y and the amount so due, to imprisonmcnt for a term not exceeding three month~ unless he sooner pay sueh penalty and amount. 22. After a lien has been registered by any person so hired, 01' who has furnished wood, as aforesaid for money due him in respect of such hiring, or for such wood, against any placer mining claim, it shall not be lawful for the own­ er or layman to remove any gold from such mining claim if a lien holder who has registered his lien gives to such own-

M1ENERS' LIENS· vU. er 01' layman a written notice in form B in the

schedule to this Ordinance.

After such notice is given any person interested in such mining claim either on account of wages or for wood, or as owner, layman, mortgagee or encum­ brancer, may notify· the.mining .. inspector. residing nearest to such mining .Claim that a lien has been registered against such mining claim and that a lien holder has forbidden the removal of any gold therefrom, and upon receipt of such notice the mining inspector shall forthwith by himself or his agent take possession of every dump and sluice box up­ on and all' gold dust produced from, such mining claim, and make provision for obtaining the gold therefrom a.t the expense of the owner or layman, and in the event of . there being a prior mortgage or encumbrance against said mining claim shall pay pr apportion pro rata not exceeding, one-half of such gold and gold dust to and among all per· sons to whom amounts are due for wages or for wood fur· nished in connection with said mining claim and the bal­ ance to the owner' of the mine or the mortgage or encum­ brance.

If there is no prior encumbrance on said mining claim the full amount of sucq gold and gold dust and so much thereof as may be required for the purpose shall be applied and so apportioned in payment of the amounts due to such persons for wages or for wood and any bal­ ance shall be paid to the owner of the mine.

(2) If there is any dispute as to the amount due for wages or wood, the said mining inspector shall deposit with the Clerk of the Territorial Court the gold dust pro­ duced from the mining claim to abide the decision of a judge upon any action to enforce the lien. ::!3: At every clean-up on any placer mining claim the men hired, or who have furnished wood, shall be entitled to have a representative present, as well as at the weighing of the gold dust.obtained thereby, and it shall be the.duty of the owner or layman to give to such representative, if required, a statement in. writing of the quantity of gold obtained from time to time from such mining claim. :!4.

Any owner or layman who violates any' of the provi­ s:,ln!'1'of the next two preceding sections and fails to pay to any such person so hire.d, or who has furnished wood, the amount due to such person in respect of such hiring or for such wood, shall be liable to a penalty not exceeding two hundred and fifty dollars and in default of payment of such penalty and the amounts due by him for wages or for Mining In- I spector to take charge or dumps. a.nd pay pro rata. In case of dispute, dust to be depos­ Ited In Court. Claimants to be repre­ sented at clean up. Penalty for Violation of.

Ordinance to come Into force on July 1st, 1906.

Schedule "A."

Schedule '·B." viiI. 'MINERS' IJENS. wood to imprisonment_for a ~erll1 not exceeding three months, unless he soonerpay such penalty and the amount lIue and unpaid in respect to slfch' wages or for wood. 25. This Ordinance shall cOllie into force on the first day of July, 190(3. Schedule-Form A. To ................................

Take notice that, I have hired the following men to, work mining claill\ No. ...... (here, give the ordinary description of t1w .claim sO,as to clearly iIlentify it and a list of the me)) hired) and that I, propose to work such claim subject tf' the provisions of "'('he 1\1 iners' Lien Ordinance" and to pay such men in accordance therewith and any other man wllf' may be hired to work the same, whose name will be fnr­ nished by me when he is hired.

Take further notice that, unless you give notice in writ­ ing objecting to such hiring,. the wages of such men will he given priority to your mortgage or encumbrance as tf' such onc-hal f of the gold received. Ji' orm 13. 'ro ..... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Take notice that. ........... (name of workman who Img filed lien) has filed a lien against mining claim No ............ (here give thc ordinary description of the e1aim so as to clearly " itlcntify it) and that I, the undersigned, being a lien hold­ er on said claim, forhid the ren)'Cwul from such HlIlling claim of any gold 01' gold dust until the amount due fOl' wages 0)' for WOOlI on said claim, is paill. nODOLPHE BOUDREAU, Assistant Clerk of the Pri\'}' COlIl1/·;1.

ASSESSMENT. (AMENDMENT.)

CHAPTER 1. All Ol'dinallCe clltitled an Ordillancc to amcnd

Chapter G·t of thc Consolidated Ordinances of the Yukon Territory entitled "The Assessment Ordinance," [_':ls8cntc(l to Jul!J (jth, 1906,] The COlllmissioner of tIle Yukon 'l'erl'itory, by and with the advice awl <.:OUfSCllt of the Council of said ~'erritorJ~ enads m; follows: I ], ~lIb·sedic)l) 5, 8edioll 50, of

Chapter 64 of the Con· f'o] iflatefl Ol'flilHlII<':e~ of the Yukon 'l'el'ritol'Y, entitled "The ASfSeSSlllell t Ord ilia net'," is het'eby repealed, and the j',)IJo\\'illg' suhstitntL'd thl'l'efor: "(,

j) rpoll tht' sale of H1H:h p)'opt'rty to such bidder the :\.f;f;(,SSOI' shall (1t'liYI'I' to tht' plll'ehaser a. receipt for the ]ll'if-I' paid thl'l'dfll', ill fot'lIl Cl, ill the

Schedule to this OI'llill'lII('t', whif-h ffll'llI iH h(,l'ehy substituted for forlll G ill th(' st'('ollfl sch .. llnle to said

Chapter (i4," '. 'I'll(' appli!'atioll to I'olltil'lll a tax 8<11(, 111<11.10 under sitid ('It'lJlh>I' li4 lIIay 11l' IIIH(le hy tll(' .\fSS('f;SOl' making the silll', tIll' J.\';.!:al ,\(his\'l', 01' i1l1y 1)(')'~OIl inh')'ested ill thc saIP 011 lIotil'\' hI tltl' 0\\'111')', lIItll'SfS the .Jull;.!:1' to whom the i1l'pli!'iI1"iflll is IlIadl' displ'lIsl'S with s\leh lIotil'l', :3, FOl'thwitl1 IIpoll thl' pllssill;.!: of a ,1 IIflg'p\; orael' <.:011· nl'lItill;.!: ;\11," sllch saIl', 1'11(' ,\SSI'~'SOI' shall, ill Itis 0\1'11 ll<lIIle a~ SlIt'11 ,\~SI'SStll'. ('xl'I'1I1(' 011111 Ill'lin'I' to tit" p\ll'(:ha~el' a \t';l1Isfl'l' ill 1'01'111 11 ill th\' ~I'III,tl\lll' to t:ItiH Ol'tlillHIll'e, \l'hit-It f;11<l11 11\' <IS ('11'1'1'111,11 10 CfllI\'(',\' ,111 th(' ('stah' of tll(! 0\\'11('1' th'l'f'tlr ill lit" \lI'O\lI'I'ly f;oltl a:-: if 111(' ~allle llad 1)('(':1 c. o. y, T, Chap. 64,

sec. 50, S. S. 6, repealed, New form of receipt. To "onlll-m sale. A SSCSSOI' to give lI·H.I\~rOr

6 .AJSSESSMENT. (AMENDMENT.) executed and delivered by such owner to such purchaser and as if such property was free of all liens and encum­ brances of every kind and description. FORM G . . ' .......................... , Y. T. No ... ~ ... TAX SALE INTERn:r RECEIPT. Roll No. . ................. , Y. T., ....... . Receivedl from Mr ................................ . the sum of ... :.............................. Dollars in payment of the following property purchased at tax sale: ,D. G. S. No ...... Block No ...... J.Jot No. '" ' . This receipt to he surrendered to the Tax Collector OU delivery to purchaser of transfer of such property unch::'

Sec. 50 of

Chapter 64 of the Consolidated Ordinances of the Yukon Territory. ' D Tax Collector tor.. ..,.' FORM H. TRANSFER OF LAND ON SALE FOH TAXES. I, ...................... , of .............. ' ......

" in the Yukon Territory, Assessor in and for. . . .. . .... . .................. , by virtue of authority vestl~d ill lilt' to sell land~ for arrears of taxes by Chaptl~r li4 of tlll~ Consolidated Ordinances of the Yukon Territory and Ordi­ nances in amendment thereof, do herehy in consideration of the sum of ........................... 110lla1'S paid to lIle hy ,.................. of ................... . transfer to the said .......................... ',' ... fli I that piece of land heing (here insert a snffieient tJescri;)· tion of the land and refer to the certificate of title.) Signed by the ahove named -in presence of ................................... (Si,fJnaturc 'With otfici"l 8c!ll.)

HEALTH, PUBLIC. (AlMIENDMENT.) 7

CHAPTER 2. \ An Ordinance to amend

Chapter 9 of the Consolidated Or- dinances of the Yukon Territory, entitled "An Ordinance Respecting the Public Health." [Assented to J,ltly 18th, 1906.] The Commissioner of the Yukon Territory, by ano. with ;he advice and consent of the Council- of said Tp.rritol'Y, enacts as follows: 1. . Chapter!) of the Consolidated Ordinances of the Yukon Territory is amended by inserting between

section 3 and

section 4 of said Ordinance the following section: "3a. The Commissioner may also appoint for any por- . tion of the Yukon Territory a duly qualified medical practitioner of not less than five years' standing in his pro-· fession, to act as deputy medical health officer for such portion of the Yukon Territory. " The said deputy shall be subject to, and to the direc­ tions of, the medical ]Iealth officer and subject as afore­ said shall, within such portion of said '1'erritory, exercise all the powers, discharge all the duties and perform all the functions of the medical health· officer."

Chapter 9 amended. Appointment :'C deputy medical . health ofti­ cers. Subject to medical health o/ftcer

Chap. 5,

sec. 3, amended. Close season, June l-Sep 1. 8 GAME, PRESERVATION OF. (AMENDMENT,)

CHAPTER 3. l .. n Ordinance to amend Chaptel' 5 of the Ordinances I.l~ the :year 1905, entitled An Ordinance to amend CIlap­ ter 72 of the Consolidated Ordinances of the Yukon 'l'erritory, entitled "An Ordinance . Respecting' tile Preservation of Game in the Yukon Territory." [i18,scl/.ied to Jul!J 18th) 1906.] The COl\lmissiolle~' of the Yulwn Territory, by and with thc (lch'icc and COlIsent of thc Council of said Territol'Y, enacts as follows: 1. Seetion 3 of

Chapter 5 of thc Or.lillHllces of the year 1!)o5, entitled nIl Ol'dinallec to ameud

Chapter 72 of the COllsolidntcfl Ol'diwUlees of the Yllkoll 'l'c\'l'itol'Y, entitl,~d "All Ordillallce Hf~spectillg' thc 1'1'e~;(,l'\"atioll of (iame in th~ Y III,Oll '1\'l'I'i tory," i~ hl']'phy rep"" led, a lid the follo\\'i ng sllhstitlllcfl then-for: "(·n \\'i 1,] 1':\\-01 1I1':~ wi Id tluf.:kl': :n"l wi Id g-I'e~('~ sni P'~s :mtl pi]lt'I·~ 01' I'l'allf-~; lwi"wf'l'u the TII·:<;t flay or ,June alld the lil'st day of ~(-ptf-lIlh(,I' in each .renl',~'

JuRIES, (A~E~D~IEXT,) o

CHAPTER 4. A:: Ot'tHnalwt' to allleml

Chapter 1 of the OrdiLunces of the yt~at· 1!I05, entitled "The Juries Ordinance,~' [,·L.'i,'iCiltetl to Jlll,l} 18th, 190(j] /rhe Commissioner of the Yukon Territol'Y, ~).r and with the ath"ke Hllll ecnsellt of the Council of said Territory, enacts as follows: 1. Chnptel' 1 of tlw Or(linanees of the 'year UlO5, ell­ ti tleJ "The ,Juries Ol'dinam:e," is amended by adding th.~ follo\\'i II~ sulH,;ection to

section 5 thereof: "(

G) Tile COui't may, at allY time and ft-om time to time, ()J'del' a similar list to be prepared for \Yhitehorse or fm' any utllel' pln("(~ in the Yukon Tenitory and iu such ca~p all be provisions of said

Chapter sl~all apply as if the mlll\(~ \\'hite!torse (n' the nallle of such other place and' the deputy e!erl.: and deputy sheriff at Whitehorse or at. !':uch ot:w;' plnee, wcresubstitutetl for the name DawsOll :11111 for Cjel':~ awl Slleriff ill said Chaptet', p.'()\'idedth'·lt t: ... li<,:t ~:hall he pl'epal'ed ,,:ith sueh tliredion as a Jud~ .. 01' the ('OI1l't llIay give and shall be subjed to sllch amend­ l:Ien:;· h," <ltl(lin~ or stJ'ikll~ otY nmnes as the ,JU(I~e or the ('O\1l't II"IY dt'dde; pl'O\'idell also that the said list may cOlltai,1 th> !lallle~ of le!':s than two hundred persons tlUali­ fiel~ and liahlp tll !o:l'l'\"l' ne; jurors (\!-: the COllrt or Judge llIa," t1 i l'l'd,~' ., Sllh-~ed.io!i~; (3) mill (4) of sedioll:!3 are herehy l'eFealt~tl allll till' follo\\"in~ sllhstit;lt(~(1 thel'do)': Chap. 1 of 1905 amend­ ed, Jury list for Whltehorse and other places,

List showing order of drawing. Each party may object to 25. Special jury; how drawn. Sheriff to !live 2 days' notice. 10 JURIES. (AMENDMENT.) "

(3) A list slw.ll be kept of the names drawn, showing the order of drawing. Each party or his solicitor or agent sllall have the rigllt to object to twenty·five names on such list and to no more.

The first right to object sllall belong to the party who ap­ plied for the special jury and the next to the other party and so on altern·ately." "( 4) 'Vhen each party has exllausted his objection::; tll?, Clerk shall take from such list tile names of the twenty­ four first on said list to whom there has been no objection and such twent.y-four shall be the panel from which the special jury shall be drawn. 'I'he names on such panel shall be.delivered by the Clerk to the Sheriff with a venire facias and such special jury shall he summoned at least two days before tile time ap- pointed for its attendance." .

ASSESSMENT. (AMENDMENT.) 11

CHAPTER 5. An Ordinance to amend

Chapter 64 of the Consolidated Ordinances of the Yukon. Territory, entitled "The Assessment Ordinance." [Assented to July 18th, 1906] The Commissioner of the Yukon Territory, by and with the ad"ice and consent of the Council of said .Territory, enacts as follo\ys: 1. If, before the rate referred to in

section 36 of Chap­ ter 64 of the Consolidated Ordinances of the Yukon T.:-r­ l'itory being "The Assessment Ordinance," is struck, th~ Assessor helieves that any person who may be liable to hi' assessed is about to lea,-e the Yukon 'rerritory, he may de­ mand from such person payment, of a tax riot exceedinl! two dollars per ccntullI on what the Assessor then deem!'> the assessable YCllue of the real and personal property .. llld income of such persoll and may.forthwith proceed ~ .. J colIect sllch t.ax as if the sallle was due and payable aft,~!· a l'l1te hfld been dllly levied.

If· the tax so collected is less thn n the a mount s\lh~t~­ qllentl,Y shown on the rate book to be due by such pel'soil. the balance, after deducting the amount so colIeetcd, ::-11.dl become due and payable and shall be collected in the S~!1le ,,"c.l,Y as if 110 lire'dous amount had been colIected. If slIch tax is g-l'eatcl' than sl1ch amount the Lnl;nr;r! sJ..lil he fort.hwith l'cfilllde(l to SI1Cll person. Assessor may make demand of party leav­ Ing territory. Balance due collected In usual way. Refund,

Non-resident (DawBon) property tax­ able except In transit. Hallways; $100 per mlle. Steamers; 51) cents per ton. Banks;. In Da.wson $1200; else­ where $250. Bank'S in­ come and personal property ex­ empt. Amount due; how cvllt'ct­ ed. 12 ASSESSMENT. (AMENDMENT.) 2.

Personal property within the City of Dawsvn shall be liable to be assessed and rated in said City notwith­ standing the owner of such property is not a resid ... ·nt of such city unless it is' the property of the holder of a license issued under the provisions of· this Ordinance; pro­ vided that such property, if in.the said city merely in tran­ sit, shall not be so liable unless it remains within the said city more than twenty days. 3.

Th~re shall be levied and collected annually on every railway within the Yukon Territory, including the City of Dawson, if such railway has been or as SOon as it has been in operation for two years or more, a tax equal to $100.00 per mile of the line of railway actually operated in lien of any rate which might be levied in assessment of personal property and income. 4. 'l'here shall be levied on every person and compan,v engaged in passenger and freight traffic or either, on water, between places within the Yukon Territory, including the City of Dawson, a tax equal to 50 cents per ton on the net tonnage, customs·house measurement, of each vessel pro­ pelled by mechanical power engaged at any time durin~ the year ill such traffic.

Such tax shall be in lieu of any rate which might be levied on assessment of personal prop­ erty and income. 5. Everv hank havin(Y one 01' more offices within the u ~ . . Yukon Territory, including the City of Dawson, shall pi'./ annually to the Collector of Hates on the first day ofJanu­ ary iu l'espeet to each such office, if within the City of Daw­ son the snm of ~l,~OO,alld if elsewhere within the said Ter­ ri tory the sum of $250. G.

Every sHch sum shall be due and payable whether a rate is levied or not and shall exempt such bank from as­ sessment and ratc in respect to the income and persollal propcl"ty of such hank except such personal property as is held by such hank as sccul"ity. 7. 'fhe HlIlOlIUt so due and payable under tIle provi- !'lions of the next foul' preced i ng sedions or a ny one of them may he t91lccted in the SHIIIC mannet', and delay in payment shall hc suuject to the sallle penalty as if the silid alllount W:li; unc aftel" n~seSSlllent lIH1tle and I':tte levied.

-ASSESSMENT, (~MENDMENT.) 13 8.'

Section 14 of said Ordinance is amended ,by adding thereto the following words: "Provided ,that no person shall have the right to appeal from his assessment in respect to personal property if af­ ter demand in writing he has, «(

t) refused permission to the Assessor to enter any bUilding in which such property or any part of it is store-I, or (1) failed to producc his books, inyoices and accounts relating thereto, or (

c) failed to give to the Assessor any other 'informa­ tion in re'gard thereto, or ( cl) furnished the Assessor with any false or mislead­ ing information in regard thereto, And provided that no person shall have the right to'ap­ peal from his assessment in respect to income if, after such demand he has, - (et) failed to furnish the Assessor with all informa­ tion ne(;essary to determine the amount of such income, or (1) furnished the Assessor with any false or mislead- ing information in regard thel'eto.

The Court of Appeal shall forthwith dismiss any appeal from an assessment o'f property or income in respect tu which the Assessor proves such demand and such refuM!' failurc or false 01' mislead ing information as aforesaid." , . . !). The following provisions of this Ordinance from see­ tion 10 next following to 21, both inclusive, relating to H­ censes arid' taxes on land shall apply :only to and within such area or areas within the Territory as the Commissiun­ er from time to thlw designateS by proclamation. 10., Within every such area there shall be levied aUll collected the JolIQwing taxes: ( (

t) On every unoccupied lot of land as shown on tiLl' Government :plan of land ,within such area, $5; No appeal as to personal property and Income un­ der certain condlttons, Do, as to in­ come. Appeal dis­ missed, Next 1~ !:<ec­ tlons or.!y in force after proclamatton of Commis­ sioner.

14 ASSESSMENT. (!AMENDMENT.) (

b) On every such lot occupied by a residence whether inhabited or not, $10; and, (

c) On every other such lot, $25. 11. No person shall carry on within any such area aH.V of the callings in this

section mentioned without h wing first obtained a license for the purpose and paid the fee mentioned in this section. . The license fee shall be for,

(1) Auctioneer, $50 ;

(93) Baker, $10;

(3) Barber-keeping barber shop, $10 for one chair and $5 for every additional chair;

(4) Billiard-keeping billiard or pool table Or baga­ telle board or Mississippi, pigeon hole or other table or board for play with balls, $10 for .one table 01' board and $5 for every additional table or board;1 ( 5) Blacksmi th, $10;

(6) Bottling works---carrying on work of bottling, ,50

(7) Bowling alley-keeping bowling alley, each a}rey, $10;

(8) Brewery-keeping brewery, $250;

(9) Broker---carrying on business of broker of anj' kind, $25;

(10) Butcher-butcher or keeper of meat ma"f"kct, re­ tail, $25;

(11) Butcher-butcher or keeper of meat market, i 111- portiIig stock, wholesale, $200;

(193) Cigar stand or store-keeping cigar stand or store, $10;

(13) Dealer-second-hand dealer, $25;

(14) Druggist, $25;

(15) Electric light plant-keeping electric light plant, furnishing light or .power for sale, $200;

(16) Freighting by horses or mules, $10;

AS SEJSSMlENT. (-AMENDMENT.)

(17) Grocer of any kind, $50 ;

(18) Hawker, $25;

(19) Insurance agent, $10;

(20) Jeweller, $25; 16

(21) Steam laundry-keeper of a steam laundry, $2r.;

(22) Livery stable-keeping livery stable, $25; .

(23) Manufacturer of any kind, including tinsm~ths and plumbers, $25;

(24) Merchant-hardware or dry goods, $50;

(25) Merchant-general, $100; I

(26) Merchant-selling fruit, candy" station3<:',Y. tu' bacco or cigars, $10;

(27) Merchant of any other kind, $5~;

(28) Miller-sawmill, $100;

(29) Patent medicine vendor not conducting general drug business, or otherwise licensed, $50; ( 30 ) Pawn-broker, $25 ;

(31) Peddler, $25;

(32) Photographer, $10;

(33) Printing office, $10;

(34) Professions-practicing as barrister, solicitor or advocate or as physician or surgeon or dentist or surveyor or in any prOfession, $25;

(3.5) Restaurant keeper, $15;

(36) Rifle or shooting gallery, $15;

(37) Scavenger, $10;

(38) Transfer or express business, $10;

(39) Water dealer-each wagon, $10; 12. All licenses shall-be issued by the Territorial Treas­ urer or by some person or persons named by him and the matter of application for licenses and their issue and all matters incidental thereto shall be under the direction and control and with the Department of the Territorial Treas- All licenses under direc­ tion of Ter­ torlal Treas­ urer.

Applications tor license to state partIc­ ulars.,;; One license tor partner­ ship. All licenses expire 30th' June. ( ~urrt~nt licenses ex­ pire 30th June. No reduction tor portion ot year. EXisting licenses valid. Llce"~e to be pl'ud lI('(~d. Transfer of license. Fee, $1.00. 16 ·ASSESSM·ENT. (AMENDMENT:) urer; and all license fees· and taxes on land under this Or­ dinance shall be collected by 'the Treasurer or llY' such per- son or persons. " . , 13. Applications for licenses shall be in writing setting forth the following particulars:

(1) The n~une, occupation, and. address of the appli­ cants;

(2) The nature of the license applied for; (3) 'fhe place where the calling to be licensed is to be carried on. . . 14. One license shall be sufficient for anyone place or premises for a partnership or cOlupany. 15. All licenses, unless they are expressed to be granted for a shorter period, shall be for the year current at the time of issue thereof, and shall expire on the 30th day of ,Tune next thereafter.

(2) The licenses issned for the year current at the date of cOJllin~ into force of this Ordinance shall terminate on the 30th day of June, 1907. 16. 'l'he fee payable in respect to any license shall be the annual fee whether the license is issned on the first of July in an.Y year, ineluding the said year current or later. 17. ·Existinl! licenses shall be valid until the expiration of theiJ' Bevel'al terms, and the holders during the term of such licenses, shall not be obliged to take out similar licenses. ]8.

Eve)'y licensee shall produce his license when r& Iluired so to flo hy the Treasurer or person or persons nam­ ed hy him, or In- nny police magistrate, justice·of the pea::-e or by any police officer. 19. Licellse~ lIIay be transferred provided that the per­ son desiring to obtain ·a· transfer of 'a'licensemukes appli­ cation ill w-ritlll!.for such transfer -to the same officer set­ ting out the saine particulars in regard to transfer as would he required if he was applying. for' a license and pays afce of ~1.0(l,

ASSESSMENT. (AMENDMENT.) , 20. All the provisons of the said The Assessment Ordi­ nance respecting collection of license fees and taxes, includ­ ing those provisions respecting the sale of land for taxes, shall apply to the license fees and taxes imposed under this Ordinance. 21. Any person carrying on or attempting to carry on any calling mentioned in this Ordinance without the li­ cense required by this Ordinance shall be liable to a penal­ ty equal to three times the fee payable for such license and in default of payment to imprisonment for a term not ex:­ ceeding six months. 22.

Any persoll gUil ty of any other infraction of any of the provisions of this Ordinance shall be liable to a penal­ ty of not less than $25 and not exceeding $500 and to im­ prisonment for a term not exceeding six months. 23.

Chapter 79 of the Consolidated Ordinances of th'c! Yukon Territory and

Chapter 3 of the Ordinances of 1904 are 11ereby repealed. All provi­ sions re­ specting col­ lection ap­ plicable. Penalty for operating without llcel}se. Penalty tor other Infrac­ tions. Chap. 79, C. O. Y. T. and Chap. 3, 1904 repealed.

, I CommIssIon­ er may refer certain mat­ ters to the Court. Questions of fact. Court to certify opin­ Ion. Questions ot Intra vires. Attorney­ Generalot Cana.da to be notlfled.- . 18 CONSTITUTIONAL AND TERRITORIAL QUESTIONS.

CHAPTER 6. An Ordinance relating to the Decision of Constitutional and Other Territorial Questions. [Assented to July 18th, 1906.] The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Commissioner of the Yukon Territory may refer to the Territorial Court of the Yukon Territory for hearing or consideration any matter which he thinks fit to refer, and the Court shall thereupon hear and consider the same. 2.

If the matter 1;,0 be referred involves the determina­ tion of a question of fact the same may be referred to 3. .Judge of the Court for tx:ial and decision and shall be tried in all respects as if it were an issue in an ordinary action submitted to such judge for trial. • 3.. The Court or Judge shall certify to the Commission­ er its or his opinion on the matter referred, with the rea· sons .therefor, which shall be given as in the case of an or­ dinary action; and any judge who differs from the opinion of the majority shall, in like manner, certify his opinioil, with his reason therefor, to the Commissioner. 4.

If the matter relatef3 to the constitutional validity pf any ordinance of the Territory which has been already or may hereafter be passed by the Yukon Council or of any provision in any such ordinance, the attorney-general:)f

CONSTITUTIONAL AND TERRITORIAL QUESTIONS. W Canada shall be notified of the hearing in order that he may be heard if he thinks fit. 5. The Court or Judge'shall have power to direct that any person interested, or, when there is a Class of -persons interested, anyone _ or _ in~re- p~rsons :·as representative of such class, be notified of the hearing and such person or persons shall be entitled to be heard. . 6.

When any interest affeCted is not represented by counsel, the Court or Judge may, in its or his discretion, request counsel to argue or try the case in such interest, and the reasonable expenses thereby occasioned shall be paid out of the general revenues of the Territ0t:y. 7. The decision of the Judge upon any such reference, although advisory only, shall, for all purposes of appeal to the Court en banc, be treated as a final judgment of the Judge between parties. 8.

The opinion of the Court upon any such reference, although advisory only, shall, for all purposes of appeal to the Supreme Court of Canada, or to His Majesty in Coun­ cil, be treated as a final judgment of the Court between parties. CO!1rt may appoint counsel to represent absentees. Dec\!!lon ot Ju.lge to bo treated BB judgment. Decision ot­ Court to be treated as judgment.

By-Law 17 ~mcnded. Barber. Broker, 20 DAWSON. INCORPORATING ,CITY ·OF; ,(AMENDMENT .. )

CHAPTER 7. An Ordinance entitled an Ordinance to amend Ordinan,~e No .. 45 of the Ordinances of the year 1901, entitled "An Ordinance to Incorporate the City of Dawson." [Assented to July 18th, 1906.] . The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territ.or,v, ,enacts as follows: 1. By-law No. 17 of the By-Laws of the City of Dawsltn is hereby amended by inserting between the words "street" and "a" in the third line of sub-section 22 of

section 5, th~ following words: "

(28) Ever.y person who carries On the business of a harber." (21) "Every person who earries on the business of a hroker."

Section 35' of said By-Law is amended by adding thereto the following sub-sections: ~~~~~~~ for "

(26) For a license to carry on the business of a bar- ber,. for first chair, $10.00, and for each additional chai <', $5.00. Such tax shall be in lieu of any tax or rate levied on income." LIcense for " ( 6)'" ) broker. .." Every person carrying on the business of a l:>roker

DAWSON, INCORPORATING-CITY OF: (AMENDMENT.) 21 in the City of Dawson shall be liable to pay a tax of $50.0lj per annum. Such tax shall become due and ,payable im· mediately upon such person en~ering upon such business and the first year's payment shall' be for the year endill~ the 31st of December then next 'ensuhig. - Every subsequeni payment shall become -due and payable on the 1st da'l of January, in the year to which it relates.- Such tax may bp collected in the same manner and by the same means agi r it were an account due for taxes levied on assessable prop­ erty_ Such tax span be in lieu of any tax or rate levied on income." When due. How col­ lected.

Short title. In terpreta­ tlon. Value. EXemptions. 22. SUCCESSION DUTIES.

CHAPTER 8. An Ordinance to Provide for the Payment of Succession Duties in Certain C.:;.ses. [Assented to Jul!J 18th] 19r;r; '] 'rhe COlllmissioner of the Yukon Territory,. by and with the advice and consent of the Council of said Territory, enQcts as follows: 1.

This Ordillantc may be cited as the "Succession Duty Ordinance.~' 2. 'L'be word "property" in the following sections i n­ eludes real and persollal property of every description, and every estate or interest thercin capable of being devised 01' bequeathed by will, or of passing on the death of tbe ownel' to his heirs or personal representatives. (2) "Value" means fair market value after payment of the expenses of administration and all just debts <-nd liabilities. . " u. This Ordinantc shall not apply-

(1) To any estate thc valnc of which floes lIot exceed five thousand dollars; nor

(2) To propel-ty passillg' nndel' n will, intestacy 01' oth­ m'wise, to or fOJ' the n8(~ of thc fatllcr, IllOth~I') hllshand, wife, child, gT<1wlthilfl, rlnllg'htcl'-in-hlw nI' son-ill-I:!w nf the deceasef'l. \\'!'Wl'C the a~~I·i~g;;.r.:! ",dllt! or the 1'1'IIP<:l'ty of !.lle

· SUCCESSION DUTIES. 23 deceased does not exceed twenty-five thousand dollars in value. 4.

Savoe as aforesaid, all property situate within the Yu­ kon Territory; passing either by will or intestacy, or any interest thereiil 01' income therefrom which shall be volun­ tarily transferred by deed, grant or gift made in contem­ plation of the death of the grantor or bargainor, or made or intended to take effect in possession or enjoyment after such death, to any person in trust 01' otherwise, or by rea­ son whereof any person shall become beneficially entitled in.. possession 01' expectancy to any property, or the income ther·eof, shall be subject to a succession duty to be paid for the lIse of the Yukon Territory, over and·.above the probate duties prescribed in that behalf from time to ~ime by law. (.CZ) 'L'JJe duty payable upon all property liable to duty under this Ordiiitmce shall be computed upon the following scale, that is to say: Upon the ,valne up ·to and i,D;cluding $100,000, a duty of $1 on every $100.

Where said mlue exceeds $100,000 but does not exceed $:!OO,OOO, a duty of $2/on every $100 of the value. Where said value exceeds $200,000 but does not exce2d $700,000, a duty of $.3 on every $100 of the value~ "There said value exceeds $'700,000 but does not exceed $1,000,000 a dnty of $4 on every $100 of the value. 'Vhere sai«l yullle exceeds $1,000,000 01' more, a duty or :iji5 on eyel·Y $100 of the value.

(3) Provided that property pussillg under a ·will, in­ tel"-tncy Ol" othcrwise, to or for the use of the father, mother, Ill1shalll.l, wife, child, gTandchild, daughter-ill-law, 01' son­ ill-In,,· of the dec(~a~e(l shall be charged with dnty at onc­ hillf the seycral nforcsaid rntcs.

U) Provi(h~(l that all dutics ulldcl· this O,·dilHIlICC shall \;(., Ic\'iellll1HI collected pro rata U]lOIl the whole of the e,,:· t:ltl~ of t.he (letcnsetl pc,'soJ\ liahle to till! duty. Scale or duty. Pro\'lso as to Ilear rela­ tions. Duties pro rata.

AdmInIstra­ tor and ex­ ecutor to flle statement. Where Treasurer not satisfied. Then PUb. Adm. to J.:lve noti(;e. Remunera­ tion of Pub. Adm. 24 SUCCESSION, DUTlES, after the estate of a deceased person comes under his con­ trol and an executor or administrator applying for lettel';'; probate or letters of administration to the estate of a de­ ceased person, shall, before tlu:! issne of letters of probatp. or administrat.ion to him or within such time as" is limiteel by the Court issuing such letters probate or of letters of admi,nistration, make and file with the Treasurer of the Yu­ kon Territory a full, true and .;orrect statement under oath, showing (

a) a full itemized inventory of all the propel'ty of the deceasrll person amI the value thereof; (11) ~he se'-­ eral persons so far as known to whom the same Will pa;,;!'; under the wi1l or intestacy, and the degree of relationship. if ally, in which they sever'a]]y stand t.o the deceascd; and the executor or adlllinistrator shal1, before the issue of let.­ ters probate 01' letters of aclniinistration, deliver to the saill Treasurcr.1 bond in a penal slim equal t.o ten per centulll of the sworJl value of the property of ueceasc(l liable to SUI'­ ccssion duty, to be approvcd by tbe sait} Treasurer condi­ tioned for the due payment to His Majesty of any fluty tf' which the propert,Y coming to the hands of such executol' 01' administrator which was of the ueceased may be foum) liable, or shall furnish such other sceurity in lrcu of such bond as may be l'equil'e(] hy the COllllllissioner,

(2) This

section does not appl'y to estates in respl'el". to which no sueccssion duty is pa,Yahlc, G, If the sai.I Treasurer is not satisticII with the valill' so sworn to hy an exceutor or .1IIlIIinistrator, he shall 1'('­ port ill writing- to the Comlllissioner, who lIlUJ (lirect their t.hc Puhlic Adillini8tl'atm' lIIake a "ahlatiou antI apprai<;f' the said property.

I, The Puhlic Administrator HhalI fort.hwith g:ve tin" HmI sufficient. notice in writ.in:,! to tl)(~ exeelltol':-5 aUlI alllllil1- istratOl's alld to 8m:h other pel:sons as the 'l'l'l~aslll'er dir(~t:l.:< of thc time a))(I place at which he will appraise SU<:lI prop­ ert.y; autl he shall appraise the sallle accordingly at its fail' market value and lIIake a report thereof in wri ting to thl' Treasurer. together with sllch other fads ill relation thCl'l'­ to as the TreasuJ'(~r ma'y h'y order require.

The Puhlic Adllliuistrator shall he entitle(l to recei\'f' the SI!1II of five dollars per tliem for serviep,s perforJlled IIn­ (Ier this Or.linancl' and his adual aud IW.'r.~~~Sill'V tl'avellin~ expcnsw, and the sallle shall be paitl hilll 'y tIlt;' Trea8I1r;~r~.

SUCCESSiON DUTIES. 25 8. 'rhe '1'reasurer shall, upon receiving the report of the Public Administrat(,H', forthwith assess and fix the then cash value of all estates, interests, annuities and life es­ tates, or terms of years growing out of such estate and th~ duty to which the same is liable, and shall immediately give notice thereof, by registered letter, to such parties as by the rules of the 'l'erritorial Court would be entitled to notice in respect of like intercsts in an analagous proceed­ ing; and the val ue of every future or contingent or limited estate, incolIIC or intel'est shall, for the purpose of this Or· dinance, be determined by the

Schedule hereto, sa~e that the rate of intm'est to be assessed in computing the present value of all future interests and contingencies shall be six per centulll per annulll; and the 'l'reasurer shall determine the value of such future or contingent or limited estate, income 01' interest upon the facts contained in snch report, and his decision shall be conclusive as to the matters dealt with therein. . 9.

Any person dissatisfied with the appraisement or as· sessment may appeal thcrefrom to a Judge of the· 'l'erritori· al Court of the Yukon 'l'erritol'Y within thirty days after the making and filing of' such assessment, and upon such appeal the Judge of said Court shall have jurisdiction to determine all questions of valuation and of the liabilities of the appraised estate, or any part thereof, for such duty, and the decision of the Judge shall be fiual, unless the property in respect of which such appeal is taken shall ex­ ceed in value the sum of ten thousand dollars when a fur- . ther appeal shall lie from the decision of the Judge to the Court en· banc, . 10.

Where a bequest or devise of property, which other­ wise would be liable to the payment of duty under this Or­ dinance, is made to an executor or trustee in lieu of coin· missi9ns or allowance, and said bequest or devise exceeds what would be a reasonable compensation for the services of the executor or trustee, such excess shall be liable

V) said duty, and such compensation shall be fixed by a Judge of the Territorial Court. 11. In all cases where there has been a devise, descent or bequest of property liable to succession duty, to take ef­ fect in possession or come into actual enjoyment after th~ expiration of one or more life estates 01' a period of years, the duty on such future estate or interest shall not be pay· Treasurer to assess value. DecisIon ot Judge to be final. . Compensa­ tion to be fixed by' Judge. Duty not to run· until party comes Into posses­ sion.

Treasurer may com­ mute duty In ~ertaln cases. Where dIffI­ cult to ascer­ tain value. Certificate. Fraud. Duties pay­ able at death. 26 SUCCESSION DUTIES. aule nor interest begin to run thereon until the person or persons liable for the same shall come into actual posses­ sion of such estate or interest by the determination of the estates for life or years, and the duty shall be assessed upon the value of the estate or interest at the· time the right of possession accrues as aforesaid_ . 12.

The Treasurer, in his qiscretion, upon application made by any executor or administrator, or by any person entitled to a future estate or interest, may commute the duty which would, 01' might but for the commutation, be­ come payable in respect of such future estate or interest for a certain sum to be presently paid, and for determining that sum shall cause a present value to be set upon such duty, in the manner provided for computing the value of future interests by

section 8 of this Ordinance. 13.

Where by reason of the number of deaths on which prop6rty has passed, or of the complicated nature of the interests of different persons in property which has passed on death, or from any other cause, it is difficult to ascertain exactly the amount of succession duty payable in respect of any property 01' any interest therein, 01' so to ascertain the same without undue expense in proportion to the value of the property or interest, the Treasurer, on the applica­ tion of any person accountable for any duty thereon, and upon his giving to him all the information in his power rt?· specting the amount of the property and the several inter­ ests therein, and other circumstances of the case, may, by way of composition for the duty. payable in respect of the property or interest, and the various interests therein, or any of them, assess such sum on the value of the property or interest, as-having regard to the circumstances appeal'S propel', and may accept payment of the sum so assessed iu full discharge of all claims for duties in respect of such property or interest, and shall give a certificate of dis­ c1mrge accordingly.

(2) Provided that the certificate shall not discharge any person from any duty in case of fraud or failure to di~­ close material facts. 14. The duties imposed by this Ordinance, unless othel'­ wise herein provided for, shall be due and payable at the death of the deceased, or within two years thereafter, lmd if the same aJ'e paid within two years no interest shall he

SUCClESSION DUTIES. 27 charged or collected thereon, but if not so paid, interest at the rate of six per centum per annum shall be charged and collected from the expiry of such period of two years, anti such duties, together with the interest thereon, shall be and remain a lien upon the property in respect to which they are payable until the same are paid. 15.

A Judge of the Tel'ritorial Court may make an ul" der, upon the application of any person liable for the pay· ment of said duty, extending the time fixed by, law for pay­ ment thereof and also the date when interest shall be. chargeable, where it appears to such Judge that payment within the time prescribed by this Ordinance is impossib.le, owing to some cause over .which the person liable has 110 control. 16.

Any administrator, executor or trustee having in. charge or trust any estate, legacy or property subject to the said duty shall deduct the duty therefrom or col1ect the duty thereoll upon the appraised value thereof from tlJ~ person entitled to such property, and he shall not deliver any property subject to duty to any person until he ha~ collected the duty thereon. 17.

Executors, administrators and trustees shall have power to sell so much of the property of the deceased ;·18 will enable them to pay said duty in the same manne1' flb they may be enable9. by law so to do for the paYlIDent 1f debts of the testator or inteState. 18. Every sum of money retained by an executor, ad.· ministrator or trustee, or paid into his hands for the duty on any property, shall be paid by him forthwith into the Treasury of the 'l'erritory. 19.

Where any debt shall be proven against the estate of a deceased person after the payment of legacies or dis­ tribution of property from which the said duty has been deducted or upon whiCh it has been 'paid, and a refund is made by the legatee, devisee, heir, or next of kin, a propor­ tion of the duty so paid shall be repaid to him by the execu­ tor, administrator or trustee, if the said duty has not been paid to the Treasurer, or by the Treasurer if it has so been paid. 20. If it appears to a Judge that any duty accruing un- Extension of time. Duty to be collected be­ fore distri­bution. .

Executors, etc., to have power to sell. Executor, etc., to pay over all duties to Treasurer. Refund to legatee.

Judge may make order to appear. Co"t~ In dis­ crelion of Judge.

Reguln.tions to be laid her ore cou n­ ell. 28 SUCCESSION DUTIES. del' this Ordinance has not been paid according to law, he slHlllmake an order directing the persons interested in the property liable to the duty to appear before the Court on a certain day, to be therein named, and show cause why sclirl fluty should not be paid. 'rhe service of sHch order an-I t.he time, manner and proof thereof, and fees therefor, alhl the hearing and determining thereon, and the enforc'em.ct!t of the judgment of the Court thereon, shall be according," tu the practice in or upon the enforcement of a judgment c,f the 'ferritorial Court. 21.

The costs of all such proceedings shall be in the dis­ cretion of the Conrt Ol'Judge, and shall be npon the Terri­ torial Court scale, unless and until another tariff shall be provided. 22. The Commissioner may make regulations for carry­ ing into effect the provisions of this Ordinance, and sucll regulations shall be laid before the Yukon Council forth­ wi'th, if the CoulIcil is in session at the date of such regula· tions, and if the Council is not in session, such regulations shall be laid before the Council within the fit'st fourteen (lays of thc sesRioll next aftcr such regulatiolls arc made.

SUCCESSION DUTIES. 29 SCHEDULE. Expectation Expectation Expectation 1 Expectation Age. 1 Years. 1 Age. ·1 Years. 1 Age. 1 Years. 1 Age. I Yea.rs. 1 I , 1--' 1 1 0 1 57.64 I 25 1 38.44 1 50 1 20.51 1 75· 1 6.5()· 1 I 56 .. 64 I 26 1 37.65 1 51 1 11.).84 I 76 1 6.17 2 55.64 I 27 36.93 I 52 1 19.17 77 I 5.85 3 55.09 28 36.18 I 53 1 18.50 I 78 1 5.48 4 54.83 29 35.47 I 54 17.81 I 79 5 ')') ....

OJ 5 53.83 30 34.75 I 55 I 17.14 I 80 4.9S· 6 53.08 31 34.04 56 16.53 81 4.61 7 52.67 32 33.30 I .57 15.90 82 4.36 8 51.1'7 33 32.59 58 15.26 83 4.04 9 50.80 34 31.86 I 59 14.64 84 3.84 10 49.89 35 31.15 60 i3.99 85 3.58 11 49.38 36 30.41 ,61 13.42 86 3.44 12 48.38 37 29.69 62 12.83 87 3.26 13 47.50 38 28.97 63 12.26 88 3.05 14 46.60 39 28.27 64 11.72 89 2.94 15 45.90 40 27.57 65 11.17 90 2.68 16 45.14 41 26.85 66 10.65 ut 2.46 17 44.23 ~2 26.14 67 10.12 92 I 2.25 18 43.39 43 25.42 68 9.61 93 2.34 19 42.64 44 24.69 1 69 9.13 94 I 2.90 20 41.98 45 23.98 70- 8.68 95 1. 1.90 21 41.23 46 l23.27 ·1 71 8.16 96 I 1.06 22 40.51 47 22.57 1 72 7.65 1 97 1 1.00 ·23 39.84· 48 21.89 ·73 7.24 1 98 1 .50 24 39.15 <i9 21.20 I 74 6.83 1 1 1 " ' I --

Preamble. Certain streets In Whltehoro;e closed. '30 WHITEHORSE STREETS, CERTAIN.

CHAPTER 9.

An Ordillunce to closc certaill portiolls of Fifth Avenue amI Lamhert alld Elliott Streets, in the 'J'ownsitc of Whitehol'se, frulll use as streets by the Public. [!1.s-sented tu July l<3thJ 190u.] WHEItE.\SJ His ~Jajesty the King 11,1S set aside for the llse awl pm'poses uf the Hoyal Nortll\\'(~st Mounted Police, ce;,> taill lands illcluding the portions in this Ordinance hel'f'iu­ after more fully described: ANI) wHlmEAs .. it is undesirable that sllc4 lands should ue invaded by any streets for the USe of the public as ~mdl, Therefore, the OOlllll1issiollCl' of the Yukon 'l'cl'l'itory, by and with the ach-ice and 'conscnt of the Oouncil of said Tcr­ ritory, enacts as follows: 1. 'J'he portions 01' lalld JIIentioned in the followill!.!; Uf-'­ st:l'ipti'Oll and heretofore used a." streets, arc hereuy clpseu from use by the public as streets: All. that portioH of Lots 1 and 2, ill Gronp 5, heing a por­ tion of tll(~ 'I'owm:H,I~ of \Vllitehol'se, ill the Yukon ')'en';­ tOl',Y, now ol:cnpied by Lalllhert Street and' hy J<Jlliott ~tl'eet, lying lH~tweml tile westel'ly lilltit of FOIlI'th AYenlle allll the easterly limit of Sixth Avellue and its sonlll"!r:)­ ]ll'ojectioll, together with all that purtion of Lot 2 in Group

WHITEHOItSE STREETS, CERTAIN. 31 5, now occupied by Fifth Avenue, lying between tile west­ erly projection of the northerly limit of the lane between Hanson Street and Lambert Street and the southerly limit of the lane between Elliott Street and Main Street, togeth­ er with that portion of Lots 1 and 2 now,occnpied by lane between Lambert Strect and Elliott Street, lying betwecll the westerly limit of Fourth Avenue and the easterly limit of Sixth Avenue." .

Hotel license In S. Dawson reduced. Appllca tlon fee to be credited. Transfer fee reduced. 32 LICENSES, LIQUOR. (AMENDMENT.) CHAPTER. 10. An OJ'(lillalle(~ to arllend Chaptel' 7G of the Consolidated Ol'dill:lIlCI:S of the Yukon 'l'errHory, elltitletl "The Li(luOr Licellse Ordinance," [i1.s.scntcd to J·ttly 18th, '/'~O(j.] The COlllmissioner of the Yukon 'rc1'l'itory, by amI with the advice and conscnt of the Cuullcil of said Territory, euacts as follows:

Section 21,

Chapter 7G, of the COllsol idatcd O1'di­ IlHlIl:es of the Yukon 'rcrritory, entitled "'rhe Liquor Li­ cense Ordinaneet is hel'chy amended hy insel·ting immedi­ ately aftel' the words and figures "Fo]' hotcl in- Dawson $700.00" and hefOl'e the words "For hotel in Klondikl' City" the follo\\'ill~ words and figures: "except in thosl' portio liS of the City of Dawsoll within tIle OOVel'nlllent l1e­ serve and Day's Addition to tllc 'J'owmdte of Dawson in which the fee for hotel shall he ~500.00." 2. That the following WOl'(18 he added to

section 26 of said Ordinance: "Said $50.00 to be cl'edited to the appli­ . cant 011 the said license fec." This

section to be appli­ cable Jlfter the ]st July, 1907. 3:

Section 45 is amended by striking out the figUl'e~ "$50.00" in t.he fifth line thereof and substituting the fig- llres "$10.00.~' )

VOTERS' LlSTS. (AMENDMENT.) 33

CHAPTER 11. An Ordiuance to amend

Chapter 18 of the Ol'diuances fo!' the year l!)oJ, entitled "An Ordinance .to provide for Voters' IJists for elections to the Yukon Council." [fissentcd to July 18th .. 1906.] 'rhe Commissiol1cr of the Ynkol1 'I'el'ritory,by and with the advice and consent of the Couucil of said 'l'el'l'itor,v, enacts as follows: .

Section 3 of

Chapter 18 of the Ordinances for the year ]904, entitled "An Ordinance to provide for Voters' Lists fo), electiolls to the Yukon Council" is hereby repe'l!­ ed and the fo]]owing

section substituted therefor: " " "3. Every re,risor after taking said oath shall" post up at threc of thl~ most 1mblic places within the polling dhi­ sion for which ile has been appointell revisol' a notiCe that he has been appointed alld that he' will proceed forthwith to compile and within thirty d .. ,ys ilfter the posting of 8111:11 notice will compi le the voters' list for snch po]]iug division, and designating thc office Or place withiu such (livisiol.' where he lUay be found and the time, not less than eight hours a day during the said thirty days, !luring which llc will attcnd at Sllch offiec 0)' place for the purposes of com­ pilation.

(2) Such llotice shall desigllate the timc and place dm'­ ing and at which thc final revisiou of thc list for which pro-

Sec. 3, Chap. 18, 1904, rc­ pealed. Revlsor to post noticc. Notice to state time and place.

Section 4 amf'nded.

Section 5 repealed. Federal list to be used as a basis.

Section 6 repealed. Revlsor to !ompHe with­ In 30 days.

Section 7 repealed. Revlsor to complete lIet. 34 VOTERS' LISTS. (AMENDMENT.) vision is in this Ordinance hereinafter made, will take place."

Section 4 of said Ordinance is amended by strikin~ out the word "district" in the second line thereof and sub­ stituting therefor the word "division."

Section 5 bf said Ordinance is hereby repealed. and the following substituted therefor: , "5.

In the compilation of such list the revisor shall use as the basis a list of voters for the division prepared for the election of a member of the Yukon Council at the election then last held, and shall enter on the list to be compiled by him the names of all persons on the list so used as a bas,s whoin he believes to be still qualified as voters in such divi­ sion and shall also enter on such list the name of every per­ son proved to the satisfaction of the revisor by statutory declaration as prescribed in the form appended to this Or­ (linance, of such person 01' of an agent of such person hay­ ing knowledge of the facts to be qualified. as a voter in such t1i vision."

Section 6 of said Ordinance is hereby repealed and the following substituted therefor: "G. Every revisor shall compile the list within such thirty days and shall affix thereto the date of compilation, his place of residence and his signature. He shall forth­ with post up in his office and in each of at least two of the .1I10st public places within the polling division a copy of such list and shall retain one copy for revision. Every copy of such list shall have appended thereto notice of the time and place of final revision. Every snch copy shall be posted at least seven days before the commencement of re­ vision."

Section 7 of said Ordinance is hereby repealed and the following substituted therefor: "7. At the time and place designated in the notice of, final revision the revisol' shall sit to revise the list prepared hy him and shall complete SHch revision within the time mentioned in such notice. He shall.

VOTERS' LISTS. (AMEND:\IENT.) 36 (

a) Add to the list the name of every person proved to Duties. his satisfaction by such statutory declaration as aforesaid to be qualified as a voter, and (

b) Strike off said list the name of every person on said list who by statutory declaration filed with the revisol' is proven to be not qualified to vote, and (c) :Make such corrections in the occupation, addition or residence of persons on said list as he deems just. ~ .

(2) The revisor shall not strike off of said list the name of any person without proof of due notice by the re­ visor to such person by personal service or by registered letter of the proposal to strike off his name. / It shall be sufficient for the revisor to draw a line through any name struck off and place his initials opposite such line. (3) 'L'he revisor shall preserve the list revised by him showing the names added and those struck off and the cor­ rections made with his initials opposite each such addi­ tion, striking off and correction." Party struck off to be no­ tilled.

Revlsor to preserve or­ Iginal list. . 6. The revisOl' shall attend at his office for the purpose ~t~~~3r a\O of revision at least eig:ht hours a day for two. days and sh~.ll certain ~ hours. close the work of revision at six o'clock in the afternoon . of the last of such days.

Section 8 of said Ordinance is amended by §t!'iking out the word "two" and substituting therefor the word "ten/' .

Section 9 of said Ordinance is amended by striking out the words from the words "Deputy Returning Officer" inclusive to the end of the

section and substituting there­ for, the words "'I'erritorial Secretary together with all. statutory declarations filed \vith him in connection with thp compilation and revision of such list," and by striking out the word "revisor" and substituting therefor the wod" "Territorial Secretary," and by striking out the word "re­ vised" in sub-section. 2 and substituting therefor the \\"1)",1 "filed."

Section 9 is further amended by striking out '~J/' words "a eopJ of" ·in tlw first: line thereof. '. .

Section 8 amended.

Section 9 am~nded. 9. 'l'he l'evisol' shall not enter upon the list of ,,')tees . Voter to re­ for any polling division the name of any person who ha<: ~~~tg~e

T'l v'lte 'lnce 'lnly and at one eleetl'ln. Agent t'l have trans­ fer of V'lte. SecMon H amended.

Section 11, S. S. 2(a), amended.

Section 75 Is amended.

Schedule amended. Declaratl'ln. 36 VOTERS' LI STS. (AMEN'DMEN,T.) not resided in such division for at least one month next ~l'e­ "ious to the commencement of the compilation of such list. 10. No person shall be entitled to vote or shall vote more than once at any election, and if elections are held in more than one pollin~ district on the same day he shall only be entitled to vote once at such election. 11.

Any voter who is named as the agent of any of the candidates for a polling station other than the one where he is entitled to vote may vote at such statiop npon the production of a certificate of the. returning officer that he is entitled to vote at the election in the polling district to which snch station belongs and shall not be entitled to vote elsewhere; hut no such certificate shall entitle such voter to votc at such polling station unless he has been actually eng-agcd as such agent at such statioll during the day ',f polling.

Section 14 of said Ordinance is herebvamended by adding after the words "Rctnrning Officcr" the words "0)' by the agcnt of uny candidate.'" ]3. Snh-scction 2 (

a) of

Section 11 of Chaptel' 3 of th(!l COllsolidated Ordinances of the Yukon 'L'el'l'itol"v is amend~ efl hy st.riking- ont the words "or will be to the"best of hi,: knowlcclg-c an-11 hclief." 14. Scctioll'5 of said Chapt.er is alllcndcd by stl'i king out tIle word "notes" and sllbst.i tu ti 1Ig" therefor the word "votes." 15.

Tari1l' C ill tIle Schedllle t.o said Orc1hlallce is herl~­ hy amcndecl 11." st.l'iking- out the fig-nrcs "~250" aud snhsti­ tlltiug thercfol' the figll-)'es "i200.:'· W. 'I'lle statlltory c1eChll· .. tioll ])I'ovic1ed /'01' in this OI'lli­ nance may be made hy tllC~ pel'son sceldl1~ t.o he adc:1e(l to the li~t or h,Y his agcnt, and lIlay he in t.he· following forlll: ~'I':\TljTO({Y 1l1':CL\ ({ .. \TIO!\'. 1, (nit mc of PCI'SOll) (Occll])nt.ion) of' (n(!siclence) do solc!lIll1ly clc~elal'e <1:0; ('nlhws: ]. I it III c1esil'ous of' havillg Ill.)' ltalllC~ aclcled to the list

VOTERS' LlSTS. (AMENDMENT.) 37 of voters for (11:1H1e tIle division) (or,. ,if 1lw(lGby nn A,qcnt I am agen t of) (nume) (Hesidence) (Occu­ pa t i on ) (an(l (/.11'/, desi't·o'l./,s a,s ab ove. ) 2. I am (or he is) a Bri tish Sn hjeet (by hi rth 01' hy na­ turalization as' the case may be.) 3. I have (0'1" he has) attaincd the full ngc of twcnty· one years. 4. I have (or he has) contiuuonsly resided in the Yukon Territory for a period of not less than twelve months. 5.

I have (or he has) continuousl,)' resided in polling division (he1'c, describc div'ision) for one month next pre- c~ding the .......... day of .............. , A. D. 19 And I make this solemn declaration conscientiol1sly be­ Jicving it to be true and knowing that it is of the sallle fm'cc and effect as if made under oath :md hy virtue of the Can- ada Evidence Act, 1893. " DeClared before me at ......... . in the Yukon Territory, this ..... . . . . . . . .. day of ........... , I!) Forin M of said

Chapter 3 is hel'eh'y I'epcn led and th~ fol· lowing substituted therefor: f<'ORM 1\1. Oa,th to be taken before votin.q-8cc. 36. I," .... , ..•................ of .................... . in the Yukon Territory, .................. , dosoleninly swear that I am a natural born, (or naturalized) male Brit­ ish Subject of the full age of twenty-one years, and that I have continuously resided in the Yukon 'J'erritory for U period of not less than twelve months and in this electoral district not less than (\ne month prior to the date of the 1'1.:­ vision of the Yotel's' list for this election 'and that I ha\'e

Vu r1ilH.~· LiSTS. (Al\lE:NDMEN'1'.) not voted before at this election at this or any other poll­ ing place. So help me God. Sworn before me at ........... . in the Yukon Territory, this ..... . . . . . .. day of ........ A. D. 19 . Signature of officer administering oath.

SUPPLY.

CHAPTER l2. An Ordim:.nce for granting to the Commissioner certain sums' of money to defray the further expenses of the public service of the Yukon Territory, for the twelv~ months from June 30th, 1905, to June 30th, 1906, and for purposes relating thereto; and for granting. to the Commissioner certain sums of money to defray the ex­ penses of the public service of the Yukon Territory for the twelve months from June 30th, 1906, to June 30th; . 1907, and fm' purposes relating thereto. , [Assented to July 18th, 1906.] ""HEREAS, H appears by Message from William Wal-

Preamble. lace Burns l\lcInnes, the Commissioner of the Yukon Ter- ritory, and III the Supplementary Estimates accompanying the same, that the sums hereinafter mentioned in Sched- ules "A" and "B" are required to defray, certain further expenses of the' public service of the Yukon Territory, and for other purpo~es relating thereto for the twelve monthM ending June 30th, 1906; AND' '\VHEREAS.. it appears by Message from William Wall ace Burns McInnes, the Commissioner of the Yukon Territory, and the estimates accompanying the same, that the sums hereinafter mentioned in Schedules "C" and "D" to this Ordinance are required to defray certain ex­ pense8 of the Public Service of the Yukon Territory, and for other purposes relating thereto for the twelve months ending June 30th, 1907;

Further ap­ propria tion for year end- 1ng June ao. 1906. Appropria­ tion for yen r ending June 30th, 1907. Applicntion of moneys expended to he accounted for. 40 SUPPLY. It is, therefol"~, hereby enacted by the Commissioner, by and with the advice and consent of the Council of the Yu- kon Territory, as follows: ' 1.

From and o'ut of the sums.at.the disposal of the Yu­ kon Council, the:re shall an~l lIlay be paid and applied u furthel' sum Hot exceeding in thc whole forty-four thou­ sand three hUlldred and twenty-nine dollars and ten' cents· fo], defraying the several charges and expenses ·)f the public service for the twelve months ending June 30th, 1906, as set forth in Schedules "A" and "B" to this Ordinance. 2.

From and out of the funds at the disposal of the Ynkon COllncil there shall and may be paid and applied a slim not exceeding in the whole foul' hundred and nine­ teen thousal1d two hundl'ed and ninety-eight dollars fOl' defraying the se\'eral charges and expenses of the Public Scrvice for the twelvc months ending June 30th, 1907, as set forth in Schedulcs "C" and "D" to this Ordinance~ 3. The (lne applica tion of all moneys expended shall lJe (luly accounted for.

SCHEDULE "A." Further sllms granted to the Commissioner by this Or­ dinance for the twelve months endil1g .Tune 30th, 1906, and for the pm'poses fo1' which they m'C gl·,mted.. To defray additional expenses of the Government of the Yukon Territory for the twelve months ending June 30th, 1906, as follows: Schools ................................... $ 3,895AG ,Vhitehorse FiJ\~ Department ................ 1,425.02 Roads, Bl'idgeR <lIll1 Publ ic 'York:,; ............ 34,679.6S $40,OOO.lG 8CEIBDULE I~B.'· Further sll1ns granted to the Commissioner by this Or­ Ilinum:e for the twelve mouths culling June 30th, 1906, and fOl' tIle purposes fot' ",hidl they are granted.

SUPPLY. To defray additional expenses of the City of Dawson for the twelve months ending June 30th, 1906, as .follows: Dawson Fire Department.: .................. $ 1,877.01 Streets, Drain'S, Ditches, etc. ................ 2,059.24 Contingencies .............................. 392.69 $4,328.94

SCHEDULE "C." Sum~ granted to the Commissioner by this Ordinance for the twelve months ending June 30th, 1907, and for the purposes for which they are granted. To defray the expenses of the Government of the Y 11- kon Territory for the twelve months ending June 30th, 1907, a~ follows: Indemnity and 'l'ravelling Expenses, Members Yukon Council ......................... $ Election, Members Yukon Council ......... . Salariel-.i and. Travelling Expenses .......... . Preventive Service ....................... . Dawson Free Library ..................... . \~Thitehorse Heading ~oom ................ .

Printing and Stationery .................. . Contingencies ............................ . Hospitals, Charity and Quarantine .. ; ...... . 'l'ow~ of ,"Vhitehorse, Fire, Department, Streets, Etc.- Whitehorsc Fire Department ...... :$2,000.00 Lighting streets .. .'............... 1,000.00 Construction of garbage wharf ..... , 1,500.00 Streets ......... ' .................. 1,500.00 Vote to 'l'homas W. O'Brien, balance due for construction of road from Klondike to Grand Forks ... ; ....................... . Relief of San Francisco sufferers .......... . Law Library-Purchase of books ........... .

John Grant, arr~ars of salary, travelling and other expenses during the time he was In­ spector of Mines under Local Ordinance ... Grant to City d Dawson, retail liquor licenses 4,000.00 10,000.00 23,900.00 1,750.00 4,300.00 900.00 '.5,000.00 5,000.00 34,000.00 6,000.00 8,000.00 5,000.00 1,000.00 750.00 . '24,900. flt) Carried forward ...................... $134,500.00

42 SUPPLY. Brought forward ..................... ~134,500.00 Bonus to assist in the development of quartz and other mining and the maiutenance of and expense:;,; in connection witll the Assay Office at 'Thitehorse .................... . ~Iiscellaneous Expenditure ................. . Schools ................................. . 10,000.0 4) '7,000.00 61,420.00 To provide Fire Department, Town of Bonanza, streets, garbage, etc. . .............. :.... 5,350.00 Roads, Bridges and ~ublic 'Yorks ........... 133,230.0(} $351,500.0(1

SCHEDULE "D." SUIH~ grcllltc(l to the COlllmissioner hy this Ordillancl~ for the twelve JIIonths cnding' Jlllle 30th, 1!)07, and for ~he purposes for which thc,)' are granted: To defmy the expenses of thc Oity of Dawsoll for the twel\"~ mouths eliding June 30th, 1907, as follows: Streetr.;; Draiu!05, Ditches, ett. . .............. $ 10,000.:)(1 Stl'eet Lightin~ ........................... 3,000.00 Pl'illtiilg and Statiollcry ................... '850.00 Salal'iei:l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,460.0 0 )laillt(;llnlll:e of Dog POlllld ................ 1,200.UI) Fire Department ......................... 42,188.00 COlltiugcllcies ............................. 2,000.00 Orallt to Dawsoll Frce Library ............. 2,100.00 $ 67,798,0 1)

DEBT~, COLLECTION OF. CHAPTER. 13. An Ordinance to A·mend

Chapter 6 of the Ordinances .)f 1904, EntitJ~d "An Ordinance Respecting the Collection of Debts." [Assented to July 18th, 1906.] T1:).c Commissioner of the Yukon 'rerritory, by and with the advice and consent of the COllncil of the said 'l'erritory, enacts as follows: 1. Sub-section Cc) of

section 2 of said

Chapter of the Ordinances of 1904 is hereby amended by inserting after the word "Territol'y" in the third line of said sub-section .(

c) the words "or order of the Gold Commissioner in any protest tried before him." s. s. (

c) of Sec; 2 amended.

Rule~ CIf Court amended. Rule 403n Rmended. Amendment: ns to cn pins. Rule 403h repealed. Rule 512 amended. 44 JUDICATURE AND RULES. (AMENDMENT.)

CHAPTER 14. An Ordinance to Amend the Jndicature Ordinance and Rules. [A.sscntcd to J·uly 18th, 1906:] The ComrnisS"iuner of the Yukon Territory, by and with t.he advice and consent of the Council of the said 'l'erritory, enacts as follows: 1. The Rules of Court made under

Chapter 17 of the .Consolidated Ordinances of the Yukon Territory, entitled "An Ordinance respecting the Administration of Civil Jus· tice," are hereb~' amelllled as follows: ( (/.) Rule 403a as enacted by

Chapter 2 of the Ordi­ nances of 1905 is amended by striking out all the words af· tcr the word "person" iu the sixth linc thereof and insert­ iug in lien thereof the following: "Shall not after the expiration of said ten days be sub­ ject to arrest at the instance of any person to whom such notice has been given, fOl; any debt then existing, unless proceedings therefor shall have been commenced and 01'­ del· fm' snch arT·est made before the expiration of said ten days." (

b) Rule 403b as enacted by said

Chapter 2 of the Or­ dinances of 1905 is hereby repealed. (

c) Rule 51j as amended by

section 47 of

Chapter 22 of 1903, is herehy amended by striking out the word "existing" in the seconll line of sub-section (2) thereof

JUDICATURE AND RULES. (~MENDMENT.) . 45 and inserting ill. lieu thereof the word "next," and by striking out the word "have" in the second line of sub­ section (5) of said Rule 512. (

d) Rule 51:'; as amended by

section 48,

Chapter 22 t)f 1903, is hereby amended by striking out the words "sub­ section (1) hereof" where they occur in the sixth and sev· enth lines' of ~ub·section (2) thereof and inserting in lieu thereof the words and figures "Rule 512," and by striking out the figure" (1)" where it occurs in the second line of sub-section (3) thereof and inserting in lieu thereof" (2) ". (

e) Rule 557 is hereby amended by adding to sub-sec­ tion 3 (cl) the following: "'fhe Court at its discretion may give leave that application may be made to strike out appearance, and order ~or judgment may be made and all proceedings had as provided by Order X." Leave to strike out appearance.

INDEX Page. Assessment Ordinance, Amendment iO. (I.) Assessment Ordinance, Amendment to. (II.) Dawson, Amendment to Ordinance .I.ncorporatlng City of .........•.... Debts, Amendment. to Ordinance re· Collection of .................. . Decision of Constitutional and Territorial Questions ................. . Game, Amendment to Ordinance re. Preservation of .................. . Health, Amendment to Ordinance re. Public ......................... . JUdicature Ordinance, Amendment to ................................ . Juries Ordinance, Amendment. to ..................... .

Liens in Favour of 'Miners ........................... . Liquor License Ordinance; Amendment to . ' ..... : . . . . . . . . . . . . . . . . .. . .. Succession Duties in certain cas ')S Supply Bill ....................... . .. Voters' Lists, Amendment to Ordinance Providing for ............... . Whitehorse, Closing of Certain· 8treets in Town of .......•........... 6 11 20 43 111 8 7 oH 9 1. '~2 £'2 ::19 33 ::10

Document details

CollectionYukon — Historical Statutes
CitationConsol. Ord. 1906
Typestatute
Volume / chapter1906
Languageen
Formatpdf
SourceTERRITORIAL
Identifierc8b89b2c3c9bac8e36c48610a1131a12e1db8b71

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