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as required by the next preceding rule. N.W.T., c. 21,
It.560.

569. The judge may order such fees to the clerk of the Clerk's fees.
court and costs of and relating to any petition, order, direc- ^^^
tion and conveyance including remuneration to the guardian Guardian's
as he considers reasonable to be paid and raised from the remuneration.
lands, rents or personal estate of the lunatic in respect of

w)jom the same may be respectively incurred, made or
caused N.W.T., c. 21, R. 561.

670. On sufficient grounds shown the judge may remove Removal of
a guardian and appoint another in his stead. N W.T., c. «u»«i»an.
21, E- 662.

671. In the proceedings aforesaid the petitions and papers intituling
may be intituled as follows. proceedings.

In the Territorial Court,
In the matter of

N.W.T., c. 21, R. 568.



ORDER XLV.

INFANTS.

I. — Guardians.

5*72. The Court or a judge thereof may appoint guardians Guardianship
of infants and of their estates (but unless the Court or judge thiS^esutes"^
otherwise orders no guardian shall be appointed to the
I)er8on or estate of any infant of the age of fourteen years or



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266 Cap. 1*7 oonsolidited ordinances C. O.

Letteraof over without the consent of such infant) and letters of
appointment, appointment may be obtained as in the case of letters of
administration. A record of every appointment and removal
shall be made aud the like record thereof kept with the
papers upon which the appointment and removal are made
in like manner as near as may be as in the case of probate
and administration. N.W.T., c. 21, E. 564.

Mother may 678. The Court Or judge may upon hearing the petition of

^t*wShTtand- th^ mother of an infant whose father is dead appoint the

ing other mother or some other person to take the guardianship of the

by^Uier.^"* persou of the infant notwithstanding any testamentary

provisions to the contrarv or any appointment of another

person as guardian by the father if it appears just and

proper ; and may also make an order for the maintenance

Maintenance of the infant by the payment out of any estate to which the

of infant. infant is or shall be entitled of such sum or sums of money

from time to time as according to the value of the estate

such Court or judge thinks just and reasonable. N.W.T.,

c. 21, R. 665.

Testamentary 574. The Oourt or judge may give eflfect to the testamen-
oFm^heimiy ^^ appointment of guardians by the mother of infant chil-
be preferred to dreu either as respects the person or estate or one or both
that of father, notwithstanding the previous appointment of gaurdians by
testament of the father of such infants upon petitions pre-
sented and facts proved, if it seems advisable and in the
interest of the infants to do so ; and make an order for the
Maintenance, maintenance of the infants as in the next preceding rule
mentioned. N.W.T., c. 21, E. 566.

Teeumentary 575. Testamentary guardians and trustees may be re-
troste^" "*^ moved for proper cause in the same manner as other guar-
R^iovai. dians and trustees. N.W.T., c. 21, E. 567.

General 576. In all matters and applications touching or relating

TOiSrt^rludge. *^ *^® appointment of guardians, control or removal of
guardians of any infants and the security to be given by
such guardians or otherwise, the Court or judge shall have
full power and authority to summon and order the attend-
ance of witnesses and to order the examination of the same
before the Oourt or judge and to order the production of
deeds, writings and documents and generally to enforce all
orders, decrees and judgments in such manner as seems
expedient according to the practice and procedure of the
court in that behalf and in such manner as the Oourt or
judge directs. N.W.T., c. 21, E. 568.

Appointment 577. TJpon the Written application of any infant or the
not^^Tto"^"*^" friend or friends of any infant and upon notice thereof to
mother. the mother of such infant if living in the Territory the



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1902 JUDICATURE Cap. 1*7 257

Court or jud^ may tii>on a proper case made out for that
purpose api>oint some suitable and discreet person or per-
sons to be guardian or guardians of such infant. N.W.T.,
c. 21, R. 569.

578. There shall be taken from the guardian or guardians Security by
appointed by the Court a bond in the name of the infant or sf*^*^"*"-
infants in such penal sum and with or without sureties as

the Court or judge directs or approves having regard to
the circumstances of each case ; and such bond shall be
conditioned that the said guardian or guardians shall and
will faithfully perform the said trust and that he or they, his
or their executors or administrators shall and will when the
said ward becomes of the full age of twenty-one years or
whenever thereunto rt^quired by the Court or a judge ren-
der to his or their said ward or his or their executors or ad-
.ministrators a true and just account of all ^oods, moneys,
interests, rents and profits of property of such ward which
have come or which might but for his or their default have
come into the hands of such guardian or guardians and
that he or they shall and will thereupon without any de-
lay deliver and pay over to the said ward or to his or her
executors or administrators the property or the sum or
balance of money which may be in the hands of the said
guardian or guardians belonging to such ward deducting
therefrom and retaining a reasonable sum for the expenses
and charges of the said guardian or guardians ; and such
bond shcul be filed and recorded in the books in the office
of the clerk of the court but in cases where the estate is of May be
small value such bond or bonds may be dispensed with, dispensed
N.W.T., c. 21, R. 570. '''^''•

579. The guardian or guardians of the person of an infant Apprenticing
so api)ointed may during the continuance of his or her guar- ^°^*°*^
dianship in case the infant is under the age of fourteen

years with the approbation of two justices of the peace
and the consent of such ward or in case the infant is not
under the age of fourteen years then with the consent of the
ward only place or bind him or her an apprentice to any
lawful trade, profession or employment ; such apprentice-
ship in the case of males not extending beyond the age of
twenty-one years and in the case of females not beyond the
age of eighteen years or the marriage of the ward within
that age. N.W.T., c. 21, R. 571.

580. The Court or judge may on proper cause being Discharjnng
shown for that puri)ose discharge any such ward from the apprentice-
apprenticeship in the next preceding rule mentioned and ^ ^^'
order the articles or instrument of apprenticeship to be de-
livered up to be cancelled or make such other order in res-
pect of the master or apprentice or either of them as under

the circumstances appears to be proper and just ; and may
17— y. o.



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268



Cap. 11



CONSOLIDATED OBDINANCKS



0. 0.



Removal of
guardian.



also ui>on reasonable complaint made and sustained re-
move any guardian or guardians from his or their guar-
dianship and if it appears necessary appoint another guar-
dian or guardians in his or their stead. N.W.T.,c. 21, R.
672.



Practice and
procedure.



581. The practice and procedure in respect of guardian-
ship and all question relating thereto shall conform as near-
ly as the circumstances will admit to the practice and pro-
cedure in England,

Provided always that the Court or judge may in any case
where the circumstances warrant it to save expenses vary
the same. N.W.T., c. 21, E. 6*78.



Order for
access of
mother.



Delivery to
mother.



Maintenance
and education.



Custody of

infants

generally.



Evidence on
application.



11. — Custody of Infants.

582. The Court or judge upon application by the mother
of any infant being in the sole custody or control of the
father thereof or any other person by his authority or of
any other person without his authority or of any guar-
dian after the death of the father may make an order for
the access of the mother to such infant at such times
and subject to such regulations as the Court or judge
thinks convenient and just ; and if such infant is
within the age of twelve years may make an order for
the delivery of such infant into the custody and control of
the mother and there to remain for such time and under
such conditions as the Court or judge prescribes ; and
in dealing with any such application the Court or judge
may also make an order for the maintenance and education
of such infant by payment by the father thereof or by pay-
ment out of any estate to which such infant is entitled
of such sum or sums of money from time to time as accord-
ing to the pecuniary circumstances of such father or the
value of such estate the Court or judge thinks just and
reasonable. As a rule the father shall have the custody and
control of his infant children but it shall be lawful for the
Court or a judge on a proper case made for that purpose to
order any infant child or children to be delivered into the
sole custody and control of the mother on such conditions
and subject to such regulations as the circumstances and
facts of the case render proper, reasonable and just,
wherever such child or children may be or under whatever
authority or control they may have been placed, any law,
usage or custom to the contrary notwithtanding. N.W.T.,
c. 21, R. 674.

583. On the investigation of the facts on any application
mentioned in the next preceding rule the Court of judge may
enforce the attendance of any person before the Court or
judge and take evidence under oath touching the matter of



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1902 , JUDICATURE Cap. 1*7 259

the application by rule or order made for that purpose and
on failure of the person to attend for the purpose aforesaid,
after notice of the rule or order in that behalf, the Court or
judge may order that such person shall be committed for
contempt of court or may decide such application on
affidavits received and filed or to be received and filed or on
the evidence taken viva voce and such affidavits. N.W.T.,
c 21, B. 5^75.

584. All orders and rules made by a judge or by the Court Enforcement
under any of the preceding rules may in addition to all ^^ ^^^^^
other remedies be enforced by the judge or by the Court
(according as the same shall be made by a judge or the

Court) by attachment or process for contempt. N.TT.T.,
c. 21, R. 676.

585. No order directing that the mother shall have the Mother
custody of or access to an infant shall be made in virtue of ^re^^\nilnt.
the preceding rules in favour of a mother against whom
adultery has been established or to whom the custody or

control of an infant could not be safely confided on account
of improper conduct or habits of life. N.TT.T., c. 21, R. 57*7.

IIL-'^Estale and Property of Infants.

586. When an infant is seized or possessed of or entitled Disposition of
to any real estate in fee simple or for a term of years or PJ^a^t'Tnder
otherwise in the Territory and the Court or judge order of court.
is of opinion that a sale, lease or other disposition of the

same or any part thereof is expedient, necessary or proper
in the interest of the infant or for the maintenance or educa-
tion of the infant or that by reason of any part of the
property being exposed to waste and dilapidation or to
depreciation from any other cause satisfactory to the Court
or judge, his interest requires or will be substantially pro-
moted by such sale, lease or other disposition the Court or
judge may order the sale, letting for a term of years or other
disposition of such real estate or any part thereof to be made
under the direction of the Court or judge or by the guardian
of the infant or by any person appointed for the purpose in
such manner and with such restrictions as seem ex-
pedient and may order the infant to convey or demise or
otherwise dispose of the estate as the Court or judge thinks
proper. N.W.T., c. 21, R. 578.

687. The application shall be made in the name of the Application,
infant by his next friend or by his guardian but shall not ^i^nt"J;{
be made without the consent of the infant if he is of the infant.
age of seven years or upwards. N.W.T., c, 21, R. 679.

588. When the Court or judge deems it convenient that Execution of
a conveyance should be executed by some person in the f^rinJ^^
17J— Y. o.



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260



Cap. 1*7



OONSOLIDATED OBDINANOES



C.



place of the infant the Court or judge may direct some other
person in the place of the infant to convey the estate.
N.W.T., c 21, E. 680.

Conveyance to 589. Evcry such Conveyance whether executed by the

be eflfectuai. ij|f|^t Qp some pcrsou appointed to execute the same m his

place shall be as effectual as if the infant had executed the

same and had been of the age of twenty-one years at the

time. N.W.T., c. 21, R. 681.

Dispoeition of 690. The moucys arising from any such sale, lease or other

moneysraised. disposition shall be laid out, applied and disposed of in such

manner as the Court or judge directs. N. W.T., c. 21, B. 582.



eysi
from land
to devolve
afl land.



Incumbered
estate.

Acceptance or
permanent
investment of
sum in lieu of
incumbrance.



Where
incumbrance
of uncertain
duration.



Appearance
of infant in
person on
application.



591. On any sale, lease or other disposition so made the
moneys so raised or the securities taken or the surplus
thereof shall be of the same nature and character as the
estate sold or disposed of and the heirs, next of kin or other
representatives of the infant shall have the like interest in
any surplus which may remain of the proceeds at the
decease of the infant as they would in the estate sold or
disposed of if no sale or other disposition had been made
thereof. N.W.T., c. 21, R. 583.

592. If any real estate of an infant is subject to any
incumbrance and the person entitled to such incumbrance
consents in writing to accept in lieu of such incumbrance
any gross sum of money which the Court or judge thinks
reasonable or the permanent investment of a reasonable sum
of money in such manner that the interest thereof is made
payable to the person entitled to such incumbrance during
her or his life the Court or judge may direct the payment
of such sum or the investment of such other sum of money
out of the proceeds or other disposition of the real estate of
the infant :

Provided always that it shall be competent for the Court
or judge in any case where the estate of the infant is subject
to any lien or incumbrance of uncertain duration to compute
the reasonable value of the same and to order the sale or
other disposition of the estate of the infant freed or dischar-
ged from such incumbrance and direct the payment of the
value of such incumbrance out of the proceeds of the sale
or other disposition of the real estate of the infant. N.TT.
T., c. 21, E. 584.

598. In any proceeding for the selling, letting or other
disi)osition of the estate of an infant it shall not b ' neces-
sary that the infant shall appear in propria persona before
the Court or judge unless so ordered; but the ground of
the proceedings must be made out to the satisfaction of the
Court or judge before the application is granted. N.TT.T.,
c. 21, R. 586.



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1902 JUBIOATURE Cap. 11 261

594. In case of any sale or other disposition of any real instate of
estate of an infant under the provisions of these rules the ^^nvey^l^
interest and estate sold or otherwise disposed of may be vesting order.
conveyed to the purchaser by the vesting order of the Court
which shall be to all intents and purposes as effectual to pass
the interest and estate so sold or disposed of as a conveyance
duly executed as provided in these rules. N.W.T., c. 21, E.
586.



OEDEE XLVI.

PROBATE AND LETTERS OV ADMINISTRATION.

595. Every person to whom letters of administration or ^H"!^y ^y
guardianship are committed shall give a bond or bonds to or^^l^!"
the judge granting the same with one or more sureties as

may be required by the said judge in such form and in such
penalty as he directs or in cases where the estate to be
administered is of small value such bond or bonds may be
dispensed with. Such security may be furnished by bond
or agreement of any guarantee company approved by the
judge. N.W.T., c. 21, R. 588, s. 1.

596. Any person interested in the estate may by leave Proceeding
of the Court or judge institute proceedings in his own name °° ^"^'
on the bond or bonds without an assignment thereof to him.
N.W.T., c. 21, E. 589.

597. Where any probate or letters of administration or Ancillary
other legal document purporting to be of the same nature &u«reor
or an exemplification thereof granted by a court of compe- administra-
tent jurisdiction in the United Kingdom or in any Province ^^^^'

or Territory of the Dominion or in any other British Pro-
vince is produced to and a copy thereof dei>osited with the
clerk of the Territorial Court of the Yukon Territory
and the prescribed fees are paid as on a grant of probate
or administration the probate or letters of administration
or other document aforesaid shall under the direction of a
judge of the said Territorial Court be sealed by the said
clerk with the seal of the Territorial Court and shall
thereupon be of the like force and effect in the Territory
as if the same had been originally granted by the said
Territorial Court and shall be subject to any order of the
court or any appeal therefrom as if the probate or letters of
administration had been granted thereby.

(2) The letters of administration shall not be sealed with Security on
the seal of the Territorial Court until a certificate has been anSliary
filed under the hand of the clerk or other officer of the court piobate, etc.
wherever the same issued that security has been given
in a sum sufficient to cover as well the assets within the



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262



Cap. 17



00N80LIDAT£D ORDINANCES



C. 0.



jurisdiction of the said court as the assets within the
Territory or in the absence of such certificate until security
is given to the judge as in the case of panting original
letters of administration. N.W.T., c. 21, B. 690.



Proceedinffi
before prob
to restrain
waste.



ite



Administrator
ad litem.



Direction of
citations,
summonses,
etc.



Newspaper
publication of
citations, etc.



598. Before probate of a will or letters of administration
of the personal estate and effects of a deceased person are
granted any person may institute proceedings to restrain
any one committing waste by dealing or intermeddling
with the estate. When such proceedings have been taken
in good faith for the preservation of the property the party
instituting such proceedings shall be entitled to costs of the
action unless the Court or judge otherwise orders. N.W.T.,
c. 21. R. 591.

699. Where no probate of the will of a deceased person
or letters of administration to his estate have been granted
and representation of such estate is required in any action
or proceeding in court the judge shall appoint the Public
Administrator administrator ad litem according as the case
requires. N.W.T.. c. 21, R. 592.

600. Citations, summonses or notices issued by the Court
or jud^e in the exercise of probate jurisdiction may in the
discretion of the judge instead of being directed to any
person or persons by name be directed generally to the next
of kin, creditors and other persons interested in the estate.
N.W.T., c. 21, R. 593.

601. All citations, summonses or notices issued by the
court or judge in the exercise of probate jurisdiction may
by order of a judge be published in such newspaper or
newspapers published in the Territory as such judge
directs and for such time as he directs and in that case
no other notice or service thereof shall be necessary unless
the judge otherwise directs. N.W.T., c. 21, R. 594.



Order for 602 A judge may on the application of any executor or

^d ISdihns. administrator or of any trustee grant an order for creditors
and others to send in to the executor, administrator or trustee
claims against the estate of the testator, intestate or the
trust estate as the case may be together with a statement of
the securities if any held by them within such time as the
judge fixes and notice of such order shall be published
in such newspaper or newspapers as the judge directs
and the executor or administrator on the same being so
published may at the expiration of the time so fixed be at
liberty to distribute the assets of the testator or intestate or
anv part thereof and the trustee may in like manner be at
liberty to distribute the trust estate or any part thereof
amongst the parties entitled thereto having regard to the



Publication.



Distribution
of estate
thereafter.



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1902 JUDiOATUBE Cap. 1*7 268

claims of which such executor, administrator or trustee has
then notice and shall not be liable for the assets or any
part thereof or the trust estate or any part thereof as the
case may be so distributed to any person of whose claim
such executor, administrator or trustee shall not have had
notice at the time of the distribution of the said assets or
trust estate or part thereof as the case may be but nothing
in this rule shall prejudice the right of any creditor or
claimant to follow the assets or trust estate or any part
thereof into the hands of the person or persons who have
received the same respectively. N^W.T., c. 21, R. 695.

603. Every creditor or other person presenting or sending Verification of
in a claim to any executor, administrator or trustee shall ^i*""*-
verify the same by a statutory declaration and shall therein
state whether he holds any security for his claim or any
part thereof and shall give full particulars of the same ; and
if such security is on the estate of the debtor or on the estate Security to be
of a third party for whom such debtor is only secondarily v*i"®^-
liable he shall put a specified value thereon and the executor,
administrator or trustee may either consent to the right of
the creditor or person presenting the claim to rank for the
claim after deducting such valuation or he may require
from the person presenting the claim an assignment of the
security at the specified value to be paid out of the trust
property or estate when suflS.cient is realized therefrom and
in such case the diflTerence between the value at which the
security is retained by the executor, administrator or trustee
and the just amount of the gross claim shall be the amount
lor which the creditor or other person shall rank in respect
of the estate.

(2). If a creditor or other person holds a claim based upon security
negotiable instruments upon which the debtor is only indi- ^^tj^^bi^^^
rectly or secondarily liable and which is not mature or inBtruments.
exigible such creditor or other person shall be considered
to hold security within the meaning of this rule and shall
put a value on the liability of the party primarily liable
thereon as being his security for the payment thereof but
after the maturity of such liability and its non-payment
he shall be entitled to amend and revalue his claim.

(3.) If a person presenting a claim holds security for Omission to
his claim or any part thereof and he fails to value such ^»i"® security.
security as required by these rules a judge of the Terri-
torial Court sitting in chambers may on summary applica-
tion by the executor, administrator or trustee or by any
other person interested in the trust property or estate, of
which application three days' notice shall be given to such
claimant, order that unless a specified value shall be placed
upon such security and notified in writing to the executor,
administrator or trustee within a time to be limited by the
order such claimant shall in respect of the claim or the part



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2M



Cap. 17



CX>NSOLIDATSI> OBDINANOES



CO



thereof for which the security is heW be wholly barred of
any right to share in the proceeds of such trust property or
estate ; and if a specified value is not placed on such security
and notified in writing to the executor, administrator or
trustee according to the exigency of suck ordeir the said
claim or the said part as the case may be shall be wholly
barred as against such trust property or estate. N.W.T^ c.



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 32 of 77)