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HA&VAILD LAW SCHOOL
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CONSOLIDATED ORDINANCES



OP THE



YUKON TEERITOET



190S



Beinff a Oonsolidation of The Oonsolidated Ordinances of the
North- West Territories, 1898, with the subsequent
Public General Ordinances



OP THE



COUNCIL OF THE YUKON TERRITORY




C/}'!Y



Printed by direction of the Commissioner of the Yckon Territory

1903



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THE CONSOLIDATED ORDINANCES

OP THE

YUKON TERRITORY

1903



TABLE OF CONTENTS

Page.
Proclamation bringing the Consolidated Ordinances, 1902, into force. ix

Ordinance respecting the Consolidated Ordinances, 1902 xi

The Yukon Act as amended xv

The North-West Territories Act as amended xxv

TITLE I.

Interpretation.
Chapter.

1. An Ordinance respecting the form and interpretation of

Ordinances

TITLE 11.
Legislature and General Gtovernment.

2. An Ordinance respecting the Council of the Territory H

8. An Ordinance respecting elections 15

4. An Ordinance respecting controverted elections 60

5. An Ordinance respecting the public service of the Territory. 69

6. An Ordinance respecting the registation of births, marriages

and deaths *jtj

7. An Ordinance respecting the inspection of steam boilers and

the examination of engineers operating the same 87

8. An Ordinance respecting ferries 95

9. An Ordinance respecting public health 99

10. An Ordinance to regulate public aid to hospitals HI

11. An Ordinance respecting Commissioners to make enquiries

concerning public matters Ug

Aj— Y- o.



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iv CONSOLIDATED OEDINANOES

Chapteb Page
12. An Ordinance respecting the removal of trespassers from

public property 114

18. An Ordinance for the protection of miners Il5

14. An Ordinance for the better regulation of traffic on highways 130

15. An Ordinance for the protection of bridges 183

16. An Ordinance establishing a Yukon Official G-azette 184

TITLE HI.
Relating to the Administration of Justice.

IT. An Ordinance respecting the administration of civil justice.. 136

18. An Ordinance respecting the Clerk and Deputy Clerk 282

19. An Ordinance respecting the Sheriffand Deputy SheriflFs 288

20. An Ordinance respecting the procedure and practice in con-

nection with the exercise of civil jurisdiction of Police

Magistrates 296

21. An Ordinance respecting the office of Public Administrator. 297

22. An Ordinance respecting Commissioners to administer oaths. 300

28. An Ordinance respecting Notaries Public 301

24. An Ordinance to abolish priority among execution creditors. 802

28. An Ordinance exempting certain property from seizure and

sale under execution 809

26. An Ordinance respecting the summoning of juries 311

27. An Ordinance respecting alimony 816

28. An Ordinance to amend the law relating to slander 817

29. An Ordinance respecting limitation of actions in certain

cases 818

80. An Ordinance respecting Constables 819

31. An Ordinance respecting distress for rent and extra-judicial

seizure 820

32. An Ordinance respecting arbitration 322

83. An Ordinance respecting the investigation of accidents by

fire 827

TITLE IV.
Eelatino to Eeal Property.

84. An Ordinance respecting land held by two or more persons. 829



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table of contents v

Chapter Page

TITLE V.

Relating to Mercantile Law.

•^6. An Ordinance respecting the sale of goods 330

36. An Ordinance respecting Factors and Agents 849

87. An Ordinance respecting choses in action 354

88. An Ordinance respecting preferential assignments 856

89. An Ordinance respecting mortgages and sales of personal

property 35Y

40. An Ordinance respecting hire receipts and conditional sales

of goods 868

41. An Ordinance respecting partnerships 8Y1

TITLE VI.
Eelating to Special Eelations.

42. An Ordinance respecting marriages. 876

48. An Ordinance respecting the personal property of married

women 881

44. An Ordinance respecting compensation to the families of

I)er8ons killed by accidents 882

46. An Ordinance respecting insurance for the benefit of wife

and children 888

46. An Ordinance respecting masters and servants 890

TITLE VII.
Eelating to Professions, Trades, &c.

4*r. An Ordinance respecting the Legal Profession 892

48. An Ordinance respecting the profession of Medicine and

Surgery 404

49. An Ordinance re8i)ecting the practice of Dentistry 415

50. An Ordinance respecting Chemists and Druggists. 420

61. An Ordinance respecting hotel and boarding house keepers. 429

52. An Ordinance respecting the keepers of livery, boarding

and sale stables 481

58. An Ordinance resi)ecting liens in favour of mechanics and

others 483

64. An Ordinance respecting liens in favour of miners and others. 444

65. An Ordinance respecting slaughter houses and the killing

and dressing of animaui for food 449

66. An Ordinance respecting newspapers 463



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Chapter Vxok

TITLE VIII.

Eblating to Companies and Kindred Institution?.

6Y. An Ordinance respecting the incorporation of Joint Stock

Companies 455

58. An Ordinance to authorize the changing of the names of in-

corporated Companies 481

59. An Ordinance respecting foreign Companies 482

60. An Ordinance respecting mining Companies 486

61. An Ordinance respecting benevolent and other Societies 488

62. An Ordinance respecting mechanics' and literary Institutes. 498
68. An Ordinance respecting Cemeteries 497

TITLE IX.
Relating to Towns, Assessment, Schools, &o.

64. An Ordinance respecting Assessment 504

65. An Ordinance respecting Towns 526

66. An Ordinance respecting Schools 540

67. An Ordinance for the prevention of fires 572

68. An Ordinance respecting the limits of Dawson and Klondike

City 574

69. An Ordinance respecting fast driving 576

70. An Ordinance respecting dogs 677

TITLE X.
Relating to Bstray Animalh, Protection of Game, &c.

71. An Ordinance respecting trespassing and straying of animals. 581

72. An Ordinance respecting the preservation of game in the

Yukon Territory 586

78. An Ordinance to prevent the pollution of running streams... 591

74. An Ordinance for the prevention of prairie and forost fires... 592

V

TITLE XL
Rklatinu to Intoxicants.

75. An Ordinance respecting the importation of and traffic in

intoxicating liquors 595

76. An Ordinance respecting intoxicating liquors 597



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TABLE OF CC^NTENTS Vll

Chapter Page

TITLE XII.

77. An Ordinance respecting insane persons 637

78. An Ordinance to prevent the profanation of the Lord's Day. 639

79. An Ordinance respecting the licensing of Billiard and other

Tables 640

Schedule L — Ordinances and parts of Ordinances repealed prior

to date of Consolidated Ordinances 641

Schedule IL — Ordinances and parts of Ordinances repealed from
the date of the coming into force of the Consolidated
Ordinances 643

Schedule IIL — Ordinances and parts of Ordinances not repealed by

the Consolidated Ordinances 648



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PROCLAMATION

BRINOINO THE CONSOLIDATED OEDINANCES, 1902, INTO FOECE.




[L.S.]

F. T. OONODON,

Commissioner.

CANADA, }

YuK«>N T:erritory. S

PROCLAMATION.

To all to whom these presents shall come : —

Q-BEETING.

WHEREAS in and by a certain Ordinance of the Council of the Yukon
Territory, assented to by the Commissioner of the said Territory on
the eleventh day of September, one thousand nine hundred and two, and
intituled '* An Ordinance to authorize the consolidation of the Ordinances,"
it was, amongst other things, enacted that so soon as the consolidation of
the Ordinances should be completed the Commissioner might cause a cor-
rect Roll thereof, attested under his signature and countersigned by the
Clerk of the Council, to be deposited in the office of the Territorial Secretary,
and that the Commissioner after such deposit, might by proclamation
declare the day on, from and after which the same should come into force
and have effect as law by the designation of " The Consolidated Ordinances
of the Yukon Territory, 1902."

And Whereas the Commissioners appointed under said Ordinance
have completed the said consolidation and I have caused a correct Roll
thereof to be deposited in the office of the Territorial Secretary ;

Now Know Ye that 1 do by this my proclamation declare that the
said Roll so attested and deposited shall come into force and have effect
as law by the designation of " Tho Consolidated Ordinances of the Yukon
Territory, 1H02," on, from and after the tenth day of the month of July,
in the year one thousand nine hundred and three.

Given under the hand of the Commissioner of the Yukon Territory,
and issued under the seal of the said Territory this seventeenth
day of June, one thousand nine hundred and three, and in the
third year of His Majesty's Reign.

By command,

J. N. E. BROWN,

Territorial Secretary,



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ORDINANCE No. 21 OF 1902 xi



ORDINANCE No. 21 OF 1902.



An Ordinance tx) authorize the Consolidation of the

Ordinances.



[Assenied to September ll^A, 1902.]

WHEBEAS it is expedient that measures should be
adopted for consolidating the Ordinances of the Yukon
Territory :

Therefore, the Commissioner of the Yukon Territory, by
and with the advice and consent of the Council of said
Territory, enacts as follows :

!• It shall be lawful for the Commissioner to issue a Commi«-
commission to one or more person or persons, constituting ap'J^"^^^
him or them Commissioner or Commissioners for consoli- oonsoUdate
dating the Ordinances of the North-West Territories in Ordinances.
force in the Yukon Territory and the Ordinances of the
Yukon Territory, and from time to time in case of the
death, or refusal or incapacity to act of any or either of the
said Commissioners, to appoint some other person or per-
sons to be a Commissioner or Commissioners as aforesaid to
accomplish the purpose of this Ordinance.

3* The said Commissioner or Commissioners shall be Powers of
and he or they is or are hereby fully authorized and em- commissioner*
I>owered to preimre and arrange for publication of the said
Ordinances, to omit all such Ordinances and parts of Ordi-
nances which have expired, been repealed or had their
effect, and all Ordinances repealing any or any parts or any '

Ordinances as well as the Ordinances and parts of Ordi-
nances repealed, and the schedules of all such repealed or
repealing Ordinances, and to alter the numbers of the said
Ordinances and the sections thereof, and without in any
manner changing or affecting the legal effect of the said
Ordinances, correct any misprint or error, or any contra-
diction or ambiguity in the said Ordinances, and make such
alterations in the language of the said Ordinances, as are
requisite in order to preserve a uniform mode of expression,
and may make such minor amendments as are necessary to
correct clerical or typographical errors, and to frame a com-
prehensive index to the entire work.



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Xll



CONSOLIDATED ORDINANCES



Remuneration
of commis-
sioners.



Original roll
of Ordinances.



8. It shall be lawful for the CommissioDer to direct the
j>ayment of such sum or sums as he may think fit, not
exceeding the moneys to be appropriated from time to time
by the Commissioner in Council for such purpose, as a
remuneration for such Commissioner or Commissioners,
and also for such further charges and expenses as may be
incurred, laid out and expended in the printing and bind-
ing of the said Consolidated Ordinances or incident thereto.

4. So soon as the said consolidation of such Ordinances
has been completed the Commissioner may cause a correct
roll thereof (which may be partly printed and partly writ-
ten), attested under his signature and countersigned by the
Clerk of the Council, to be deposited in the office of the Ter-
ritorial Secretary, which roll shall be held to be the original
thereof and to embody the several Ordinances and parts of
Ordinances mentioned as repealed in schedule 2 thereto
annexed ; any marginal notes, however, and headings in
the body of the Ordinances and references to former enact-
ments being held to form no part of the said Ordinances
but to be inserted for convenience of reference only.

Proclamation. 5. The Commissioner after such deposit of the said last
mentioned roll may by proclamation declare the day of,
from and after which the same shall come into force and
have effect as law by the designation of ** The Consolidated
Ordinances of the Yukon Territory, 1902."



Eflfect of
proclamation.



Saving as to
transaction,
&Cf anterior
to the repeal.



Matters not
afifected by
repeal.



6. On and from such day the same shall accordingly
come into force and effect by the said designation to all
intents as though the same were expressly embodied in and
enacted in this Ordinance to come into force and to have
effijct on and from such day ; and on and from the same day
all the enactments in the several Ordinances and parts of
Ordinances in schedule 2 mentioned as far as they relate to
the Territory shall stand and be repealed to the extent
mentioned in the said schedule save only as hereinafter is
provided.

7» The repeal of the said Ordinances and parts of Ordi-
nances shall not revive any Ordinance or provision of law
repealed by them ; nor shall the said repeal prevent the
effect of any saving clause in the said Ordinances and parts
of Ordinances, or the application of any of the said Ordi-
nances or parts of Ordinances or of any Ordinance or pro-
vision of law formerly in force to any transaction, matter or
thing anterior to the said repeal to which they would
otherwise apply.

S. The repeal of the said Ordinances and parts of Ordi-
nances shall not affect :



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ORDINANCE No. 21 OF 1902 xiii

(a.) Any penalty, forfeiture or liability incurred before
the time of such repeal or any proceedings for enforcing
the same had, done, completed or pending at the time of
such repeal ;

(b.) Any action, suit, judgment, decree, certificate, execu-
tion, process, order, rule or any proceeding, matter or thing
whatever respecting the same, had, done, made, entered,
granted, completed, pending, existing or in force at the
time of such repeal ;

(c.) Any act, deed, right, title, interest, grant, assurance,
descent, will, registry, by-law, rule, regulation, proclama- •
tion, contract, lien, charge, status, capacity, immunity,
matter or thing had, done, made, acquired, established or
existing at the time of such repeal ;

(d.) Any office, appointment, commission, salary, allow-
ance, security or duty or any matter or thing appertaining
thereto at the time of such repeal ;

(e.) Any marriage certificate or registry thereof lawfully
had, made, granted or existing before or at the time of such
repeal ;

2. Nor shall such repeal defeat, disturb, invalidate or
prejudically affect any other matter or thing whatsoever
had, done, completed, existing or pending at the time of
such repeal ; but every such —

(a.) Penalty, forfeiture and liability;

{b,) Action, suit, judgment, decree, certificate, execution,
prosecution, process, order, rule, proceeding, matter or
thing;

(c.) Act, deed, right, title, interest, grant, assurance,
descent, will, registry, by-law, rule, regulation, proclama-
tion, contract, lien, charge, status, capacity, immunity,
matter or thing ;

(rf.) Office, appointment, commission, salary, allowance,
security or duty ;

(e,) Marriage certificate and registry thereof and every
such other matter and thing, and the force and effect
thereof respectively may and shall continue as if no such
repeal had taken place, and so far as necessary may be con-
tinued, prosecuted, enforced and proceeded with under the
said Consolidated Ordinances of the Territory and other
Ordinances and laws having force in the Territory, so far as
applicable thereto and subject to the provisions of the said
several Ordinances and laws.

©• The said Consolidated Ordinances of the Territory coneoiidated
shall not be held to operate as new laws but shall be con- Ordinances
strued and have effect as a consolidation of the law as deemed^
contained in the said Ordinances and parts of Ordinances "^w law.
of the Territory and substituted , and the Commissioner in
Council is not to be deemed to have adopted the construc-
tion which may by judicial decision or otherwise have been
placed upon the language of any of the Ordinances included



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XIV



CONSOLIDATED ORDINANCES



amongst the said Consolidated Ordinances of the Terri-
tory ;
Construction (2.) The varioTis portions of the Consolidated Ordinances
^mrin*Lffect Corresponding to and substituted for the provisions of the
Btherei)eaied Ordinances and parts of Ordinances so repealed shall,
where they are the same in effect as those Ordinances and
parts of Ordinances so repealed, be held to operate retro-
spectively as well as prospectively and to have been passed
upon the days respectively upon which the Ordinances and
parts of Ordinances so repealed came into effect



Ordinances.



Reference to
repealed
Ordinance
in former
Ordinance.



10« Any reference in any former Ordinance remaining in
force or in any instrument or document to any Ordinance
or enactment so repealed shall after the Consolidated Ordi-
nances take effect be held as regards any subsequent tran-
saction, matter or thing to be a reference to the enactments
in the Consolidated Ordinances having the same effect as
such repealed Ordinances or enactment.

Effect of 11. The insertion of any such Ordinance in the said

amoidina^nce Schedule 2 shall not be construed as a declaration that such
in schedule II. Ordinance or any part of it was or was not in force imme-
diately before the coming into force of the said Consolidated
Ordinances.



12. Copies of the Consolidated Ordinances printed under
the direction of the Commissioner from the roll so deposited
commissioner shall be received as evidence of the said Consolidated Ordi-
to be evidence j^j^jj^g {j^ ^11 courts and places whatsoever.



Collies
printed by
direction of



Distribution
of copies.



This

Ordinance to
be printed
with

Consolidated
Ordinances.
Citation of
Consolidated
Ordinances.



18« The Consolidated Ordinances shall be distributed in
such numbers and to such persons only as the Commis-
sioner may direct.

14. This Ordinance shall be printed with the said Con-
solidated Ordinances and shall be subject to the same rules
of construction as the said Consolidated Ordinances.

15. Any chapter of the said Consolidated Ordinances
may be cited and referred to iu any Ordinance or proceeding
whatsoever either by its title as an Ordinance or by its
short title or by using the expression ** The Consolidated

Ordinance respecting " (adding the remainder of the

title at the beginning of the particular chapter) or by using
the expression "The Consolidated Ordinances 1902 chapter

" (adding the number of the particular chapter printed

in the copies printed under the direction of the Com-
missioner).



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THE YUKON TERRITOBY ACT XV



THE YUKON TERRITORY ACT.

61 VICTORIA, CHAP. 6.

As amended up to the date of the coming into force of the Ck)nsolidated
Ordinances, 1902.

New sections from amending Acts have the numbers bracketed

thus (6.)



An Act to provide for the Government of the Yukon

Territory.

As amended by 62-63 Victoria, Chapter 11. [Assented to 11th August, 1899.]

(Consolidated for Office Purposes)

XXER Majesty, by and with the advice and consent of the
■*-*- Senate and House of Commons of Canada, enacts as
follows : —

!• This Act may be cited as Tlie Yukon Territory Act. Short title.

2. The territory described in the schedule to this Act, is The Yukon
hereby constituted and declared to be a separate territory ^Jfi^^^nd
under the name of the Yukon Territory, and the same shall constituted.
no longer form part of the North-west Territories. (S. 18,
c. 41, 1 Edw. VII.)

8. The Governor in Council may, by instrument under Commissioner
the Great Seal, appoint lor the Yukon Territory a chief
executive officer, to be styled and known as the Commis-
sioner of the Yukon Territory.

4. The Commissioner shall administer the government Administra-
of the Territory under instructions from time to time given Government
him by the Governor in Council or the Minister of the
Interior.

5. The Governor in Council, by warrant under his Privy Composition
Seal, may constitute and appoint such and so many persons, of Council.
from time to time, not exceeding six persons, as may be Appointed
deemed desirable, to be a Council to aid the Commissioner members.
in the administration of the Territory, and such persons so
appointed to the Council shall, before entering upon the

duties of their office, take and subscribe before the Commis- Oaths of office.
sioner such oaths of allegiance and office as the Governor
in Council may prescribe.



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XVI



CONSOLIDATKD ORDINANCES



Quorum. 2. A majority of the Council, including the Commis-

sioner, shall form a quorum.

3. The natural-born and naturalized male British subjects



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 1 of 77)