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When levy (a.) If a sheriff levies money upon an execution against
™*<^o- the property of a debtor he shall forthwith enter in a book

to be kept in his office open to public inspection without
Sheriff to give charge a notice stating that such levy has been made and
notice. the amouut and date thereof and the money levied shall at

the expiration of two months from the levy unless other-
Rateable wise ordered by a judge be distributed rateably amongst
distribution. ^11 oxecutiou Creditors whose writs were in the sheriff's
hands at the time of the levy or who have delivered
executions to the said sheriff within the said two months
or within such further time as is ordered by a judge
subject however to the provision hereinafter contained as
to the payment of the costs of the creditor under whose
writ the amount was levied :

Provided that if money is realised by sale of lands for
which a certificate of title has been granted under The
Land Titles Act^ 1894, the said period of two months shall
be computed from the date of confirmation of the sheriff's
sale under the said Act.

Digitized by


1902 OBSDITOBS' BELIEF Gap. 24 808

(b.) The notice shall state the day upon which it was Form of notice
entered and may be in form A given in the schedule hereto.

(c.) Where proceedings are taken by the sheriff or other interpleader
officer for relief under any provisions relating to inter- proceedings.
pleader those creditors only who are parties thereto and ^^^^ ..
who fi^ee to contribute pro rata (in proiwrtion to the amount ^^** ^'

of their executions) to the expense of contesting any adverse
claim shall be entitled to share in any benefit which may
be derived from the contestation of such claim so far as may
be necessary to satisfy their executions :

Provided however in case the money is ordered to be paid SheriTs
into court by the sheriflf pending the trial of an interpleader m^y pafdT*
issue the entry to be made by the sheriflf shall not be made into courts
until the said money is again paid out of court to the sheriff
for distribution. The Court or judge may direct that one Carriage of
creditor shall have the carriage of the interpleader proceed- ^^J^dSaw^
ings on behalf of all creditors interested and the cost there- Coets.
of as between solicitor and client shall be a first charge
upon the moneys or ^oods which are found by the pro-
ceedings to be applicable upon the executions.

(d) If the sheriflf shall subsequently to the entry of the Procedure
notice but within the two montns levy a further amount J^^'l^"^
upon the property of the debtor the same shall be dealt
with as if such amount had been levied prior to the entry
of the notice but if after the two months a further amount
is levied a new notice shall be entered and the distribution
to be made of the amount so levied and of the further amount
levied within two months of the entry of the last mentioned
notice shall be governed by the entry thereof in accordance
with the foregoing provisions of this section and so on from
time to time :

Provided however that the judge may on application
delay any of such distributions or any part thereof to give
reasonable time for obtaining judgment and fix a date for
such distributions.

{e) If a debtor voluntarily and without any sale by the p^^^^ of
sheriflf pays to the sheriff part of the amount owing in execution
respect of an execution in the sheriflPs hands and there is b^fj^r^^g^^e*'
at the time no other execution in the sheriff 's hands the
sheriff is to apply the same on the execution so in his
hands and subsections (a) (b) (c) and (d) ofthis section shall
not apply to the money so received by the sheriff.

(/j In the distribution of moneys under this Ordinance ProceedB of
creditors who have executions against goods or lands or land available
against goods only or lands only shall be entitled to share ex^tion
rateably with all others any moneys realized under execution goods, etc.
either against goods or lands or against both. N.W.T., c. 26,
8. 8.

4. When the amount levied by the sheriff is not suflicient costs made
to pay the execution debts with costs in fall the moneys preference.
shall be applied to the payment rateably of such debts and

Digitized by



Gap. 24


C. 0.

costs after retaining the sheriff's fees and after payment in
full of the taxed costs and costs of execution and extra costs
of seizure and sale incurred by the creditor at whose ins-
tance and under whose execution the seizure and levy were
made. N.W.T., c. 26, s- 4.

AttM^ment 5, Moucys realized by the sheriff as the result of attach-

p iDgB. j^^j^j ^£ personal property shall be distributable under the

provisions of this Ordinance. N.W.T., c. 26, s. 5.

ExecaUon 6. No Creditor shall be entitled to share in the distribution

to share! ^^^ <>{ moucy levied from the property of a debtor unless by the

delivery of a writ of execution he has established a claim

against the debtor either alone or jointly with some other

creditor or creditors. N.W.T., c. 26, s. 6.

where writ

FvH amount 7. If the debtor without any sale by the sheriff pays
pafd^hout the full amount owing in respect of the executions in tne
«^^' sheriffs hands at the time of such payment and no other

execution has been placed in his hands or in case all execu-
tions in the sheriffs hands arc withdrawn no notice shall
be entered as required by section 3 of this Ordinance and
no further proceedings snail be taken under this Ordinance
against the debtor by virtue of the executions having been
in the sheriff's hands.

(2) Save as aforesaid after an execution has been filed with
the sheriff the withdrawal or expiry of the writ upon which
the proceedings are founded or any stay upon the writ or
the satisfaction of the plaintiff's claim thereon or the setting
aside or return of the writ shall not affect the proceedings
to be taken under this Ordinance and except so far as the
action taken in regard to the writ may affect the amount to
be levied the sheriff shall proceed and levy ujwn the goods
or lands of the debtor or both as he woula have proceeded
had the writ or writs remained in his hands in full force to
be executed and may also take the like proceedings as he
would have been entitled to take had the writ been a writ
of venditioni exponas. N.W.T., c. 26, s. 7.

8. Where there is in any court a fund belonging to an
execution debtor and to which he is entitled the same or a
sufficient part thereof to pay the executions in the sheriff's
hands may on application of the sheriff or any party interested
be paid over to the sheriff and the same shall be deemed to
be money levied under execution within the meaning of
this Ordinance. N.W.T., c. 26, s. 8.

One seizure 9* One scizure by the sheriff of the goods and lands of the
^Sut^i^^*" debtor shall be deemed sufficient and shall be deemed a
sharing. scizure ou behalf of all creditors sharing under such seizure
as hereinbefore provided. N.W.T., c. 26, s. 9.

Fund in court
belonginK to

Digitized by


1902 creditors' relief Cap. 24 806

!©• "Where money is to be fdistributed under this Ordi- Shenflf
nance the sheriflf shall not be entitled to poundage as upon If^gi^ ^
separate writs but only upon the net proceeds of the estate poundage only
distributed by him and at the same rate as if the whole
amount had been payable under one writ, N.W.T.,c. 26, s. 10.

!!• "When money is made upon a writ the same shall be Sheriflf'a
taken for the purposes of the sheriff's return and otherwise i®^"^*^^'"
to be made upon all the writs entitled to the benefits thereof
and the sheriff shall upon payment being made to the person
entitled upon such writ indorse thereon a memorandum of
the amount so paid but he shall not, except on the request of
the party issuing the writ or by direction of the court out
of which the same issued or of a judge of such court, return
the writ until the same has been fully satisfied or unless
the same has expired by effluxion of time in which case
the sheriff shall make a formal return of the amount paid

(2) The like proceedings may be taken to compel payment Oompeiimg
by the sheriff of money payable in respect of an execution ^1^^°* ^^
or other claim as may now be had to compel the return by
the sheriff of a writ of execution. N.W.T., c. 26, s. 11.

12. The sheriff shall pending the distribution of moneys Sheriff to keep
levied keep in the said book mentioned in section 8 of this ^'^ti^^Ja?^
Ordinance a statement according to form B in the schedule p*^ ^ *"•
hereto showing in respect of any debtor on whose property
money has been levied the following particulars ;

(a) The amounts levied and the dates of levy ;

(b) Each execution in his hands at the time of entering

the notice form A required by section 8 hereof or
subsequently received during the month, the
amount thereof for debt €md cost and the date of
receipt and such statement shall be amended from
time to time as an additional amount is levied or
a new execution is received. N.W.T., c. 26, s. 12.

18« Where the money levied is insufficient to pay all QuestioM m
claims in full and the sheriff is bona fide in doubt as to how ^hem" ^^^
the proceeds should be distributed or where any contest
arises among the creditors as to the distribution of the CJonteatation.
proceeds among them or any other real difficulty arises as
to such distribution the sheriff shall prepare a statement of
the proceeds in his hands for distribution and the execu-
tions in his hands and the amount thereof and such other
particulars as are necessary to explain the contest or
difficulty, to be verified by affidavit, and thereupon shall
apply to a judge tn chambers for a summons calling upon
all parties interested to attend before the judge in cham-
bers to settle a scheme of distribution and such summons
shall be made returnable a't such time and shall be served

20— T. o.

Digitized by VjOOQIC

806 Cap. 24 consolidated ordinances C. O.

on such persons and in such manner and time as the judge
^ (2) The judge may determine any question in dispute in

a summary manner or may direct an issue or action for the
trial thereof and may make such order as to costs of all pro-
ceedings as is just.

(3) If several creditors are interested in a contesta-
tion the judge shall give such directions for saving the ex-
pense of an unnecessary number of parties and trials or of
unnecessary proceedings as are proper and shall direct
by whom and in what proportions costs incurred shall be
paid and may make such costs a first charge on the moneys
levied or otherwise direct that they shall be paid out of the
said moneys or out of the share or shares of any one or more
of the creditors interested 'in the same or by any party to
such contestation. N.W.T., c. 26, s. 18.

Sheriff to give 14« The sheriff shall at all times, without fee, answer
informatton. ^^^ reasonable question which he is asked orally in
respect to the estate of the debtor by a creditor or any one
acting on behalf of a creditor and shall facilitate the ootain-
ing by him of full information as to the value of the estate
and the probable dividend to be realized therefrom or any
other information in connection with the estate which the
creditor reasonably desires to obtain. N. W. T., c. 26, s.

Undispoeabie 15. If a sheriff has money in his hands which by
^S^h^Unk I'cason of the provisions of this Ordinance or otherwise he
cannot immediately pay over to the execution creditors he
shall deposit the money in some incorporated bank
designated for this purpose from time to time by order of
the judge or where no such order is made then in some in-
corporated bank in which the public money is then being
deposited and such deposit shall be made in the name of
the sheriff in trust. N.W.T., c. 26, s. 16.

Irregularities ^^* No proceeding under this Ordinance shall be void for
"roorodn^ any defect of form and the rules for amending or othewise
^ ^°^" curing irregularities or defects which may from time to time
be in force in the Territorial Court of the Yukon Territory
shall apply to this Ordinance and any proceedings
wrongfully taken under this Ordinance may be set asidd by
the judge with or without costs as he thinks fit. N.W.
T., c. 26, s. 16.

When 17. The provisions of this Ordinance shall not apply to

iWpuSSie ^^^ proceeds of any seizure allowed unde^soction 4 of chap-

' ter 25 of The Consolidated Ordinances N.W.T., c. 26, s. 17.

Employees to 18» All persous iu the employment of an execution debtor
ofcUun!'"^^ at the time of the notice mentioned in subsection (a) of sec-

Digitized by


1902 CBEDITOBS' BRLIEF Cap. 24 807

tion 8 of this Ordinance or within one month before such
notice, who shall become entitled to share in the distribu-
tion of money levied out of the property of a debtor, shall
be entitled to be paid out of such money the wages or salary
due to them by such judgment debtor, not exceeding one
month's wages or salary, in priority to the claims of the
other creditors of the execution debtor and shall be entitled
to share pro rata with such other creditors as to the residue,
if any, of their claim. N.W.T., c. 21, s.^ 18.



Sheriff's Notice.

Notice is hereby ffiven that I have by virtue of certain
executions delivered to me against the goods and chattels
{or lands) of CD., levied and made out of the property of
the said CD, the sum of %

And notice is further given that this notice is first entered
in my office on the day of 19 , and that

unless otherwise ordered distribution of the said money will
be made amongst the creditors of the said CD. entitled to
share therein at the expiration of two months from the
day of 19

Dated, etc.

20 J— Y. o

Digitized by VjOOQIC


Gap. 24





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Digitized by


1902 EXSMPTI0N8 Oap. 25 309


An Ordinance exempting certain Property from Seizm'e
and Sale under Execution.


!• This Ordinance may be cited as " The Exemptions short title.
Ordinance:' N.W.T., c. 27, s 1.


JS. The following real and personal property of an execu- Exemptions
tion debtor and his family is hereby declared free from ^"^"^ ^**^^*
seizure by virtue of all writs of execution, namely :

1. The necessary and ordinary clothing of himself and
his family ;

2. Furniture, household furnishings, dairy utensils,
swine and poultry to the extent of five hundred dollars ;

3. The necessary food for the family of the execution
debtor during six months which may include grain and
flour or vegetables and meat either prepared for use or on

4. The books of a professional man ;

5. The tools and necessary implements to the extent of
five hundred dollars used by the execution debtor in the
practice of his trade or profession ;

6. The house and buildings occupied by the execution
debtor, and also the lot or lots on which the same are
situate ifccording to the registered plan of the same to the
extent of fifteen hundred dollars. N. W.T., c. 27, s. 2, part


8. The execution, debtor shall be entitled to a choice Debtor^s
from the greater quantity of the same kind of articles which ^^^^^
are hereby exempted from seizure. N.W.T., c 27, s. 3.

4* Nothing in this Ordinance shall exempt from seizure Article
any article except for the food, clothing and bedding of the ^^^^^^^
execution debtor and his family, the price of which forms ^°ud|ment?
the subject matter of the judgment upon which the execu-
tion is issued. N,W.T., c. 27, s. 4.

Digitized by



Rights of 5. In case of the death of the execution debtor, his pro-

d^Ied perty exempt from seizure under execution shall be exempt
debtor. from seizure under execution against his personal repre-

sentative if the said property is in the use and enjoyment
of the widow and children or widow or children of the
deceased and is necessary for the maintenance and support
of said widow and children or any of them. N.W.T., c. 27,
s. 6.

Abflconding 6. The provisious of section 2 hereof shall not apply to
debtors. ^j^j ^^^ whero the debtor has absconded or is about to
abscond from the Territory, leaving no wife or family be-
hind. N.W.T., c 27, s. 6.

Digitized by


1902 SUHMONINO OF JURIES Cap. 26 811


An Ordinance Respecting the Summoning of Juries,

!• Subject to the exemptions hereinafter mentioned, all ^^P^
male British subjects over twenty-one and under sixty-five i juVore.
years of age shall be qualified to serve as jurors. No. 19
of 1902, s. 1.

2. The following persons are exempt from serving as Pereong
jurors : ^^p*-

(a.) Ministers of religion,
(b.) Members of the Yukon Council,
(c.) Members of the North-west Mounted Police,
(rf.) Practising solicitors,
(e.) Medical practitioners,
(/.) School teachers while so employed,
(g.) All persons employed in the running of railroad

trains and steam boats,
(A.) Telegraph officers when so employed,
(i.) Postmasters,
{j ) Any person in charge of a steam engine while on

any mining claim,
(A*.) Any mail carrier.
(/.) Every officer of the Dominion and Territorial

(m,) Every judge, magistrate or officer of any court of

SLstice actually exercising the duties of his office,
o. 19 of 1902, s. 2.

8. The same person shall not be compellable to act as service twice
juror more than twice in one year unless the list in his '^ ^^^ y«^-
district has been exhausted in the selection of a panel as
hereinafter provided. No. 10 of 1902, s. 8.

4. The Sheriff and Clerk of the Territorial Court shall Shenflf and
forthwith prepare from all available sources an alphalbetical p^^J^ li^t.
list in Form A of the schedule hereto of all persons in the
Yukon Territory qualified to serve as jurors, which list shall

be posted in the Court House, the Administration Building
and the Post office at Dawson for one month. No. 19 of
1902, s. 4.

5. A similar list shall be prepared it the month of Nov- similar list to
ember in each year hereafter, and be posted as aforesaid not Nov^!mteror
later than the first day of December. No. 19 of 1902, s. 6. each year.

Digitized by


812 Cap. 26 consolidated ordinances C. 0.

Lists to be 6. Such Hsts shall remain posted for one month and any

P^**^- person during said month or within one week thereafter

may complain of the insertion of any name therein, and

such complaint shall be heard and determined by a judge

of the Territorial Court at ten o'clock in the forenoon on

Complaints to the third Monday of the month following the posting,

beboird by ^f^^^ which Huch list shall be signed by such judge and

shall be the jury list for that year, and all juries for the

trial of criminal and civil cases shall be called from such list

unless a judge of said court otherwise orders. No. 19 of

1902, s. 6.

Sitting of 7. There shall, if necessary, be a sitting of the Territorial

criminal cases. Court for the trial of criminal cases with a jury on the first
Monday of each month (except in vacation unless otherwise
ordered by the court or a judge). No. 19 of 1902, s. 7.

Crown 8. The Crown Prosecutor shall six clear days before any

no^cUrk^f criminal sittings notify the Clerk of the Court if a jury is
criminal cases, required for trial of criminal cases. No. 19 of 1902, s. 8.

aerk to 9, Upon such notice being received the Clerk shall Irom

s^^Uist for said lists of those residing within fifteen miles of the place
criminaicases. ^f trial prepare a special list of forty-eight names in the
order in which they appear on said jury list and submit the
same to the judge holding the next criminal sittings, and
the Clerk shall in the presence of said judge ballot singly
until twenty-four names are attained which twenty-four
shall constitute the jury panel and a precept in iorm B for
the summoning of said panel shall issue. No. 19 of 1902, s. 9.

^mesnot lO. The uames not balloted shall be added to the next

be ^ded to *^ special list prepared and balloted for as aforesaid, and the
next special same shall be done in each case of selection until the end
of the list is reached, when the list shall be gone over again
from the beginning subject to the provision that no person
shall be liable to serve ftiore than twice in the one year.
No. 19 of 1902, s 10.

Same ' ^ ^** The Same procedure shall be adopted for the sum-

procedure in moning of juries for the trial of civil cases. No. 19 of 1902,

civil cases. tt ° '

S. 11.

Civil cases to 12« AH civil cascs to be tried by a jury shall be tried im-
immedfateiy mediately after the criminal cases, if any, in each month,
after ^ and the same panel shall be used unless otherwise ordered
by the Court or a judge, and if there is no criminal trials
with jury, then the civil cases to be tried by jury, if any,
shall be tried on the first Monday of each month and days
following. No. 19 of 1902, s. 12.


Digitized by


1902 SUMMONING OP JURIES Cap. 26 818

IB. "When criminal and civil jury trials are held at the Coetatobe
same sittings the costs of summoning the jury panel shall be^een"*^^ .
be apportioned between the Crown and the civil litigants Crown and
in proportion to the number of cases requiring a jury, but^*^ tigants.
the Crown and the civil litigants shall pay the per diem
jury allowance according to the time during which the
panel actually was held in the criminal or civilmatters, res-
pectively, and the trial judge shall certify to the same. But
nothing herein contained shall be taken to waive the pay-
ment of the deposit now required by civil litigants requir-
ing a jury. No. 19 of 1902, s. 18.

14. The Sheriff on receipt of the precept for summoning SheriflF to
the jury panel shall execute the same by delivering to each 8"«*™<>° i^^-
person, or leaving with some grown up person residing at

his house, a reasonable time before the date of trial, a sum-
mons in form C in the schedule hereto. No. 19 of 1902,
s. 14.

15« The sheriff shall on or before the opening of the court Shenflf shaU
deliver to the court the precept with his return thereto. No. ^^i^rr^^*
19 of 1902, 8. 15.

16« Every person summoned to serve as a juror who fails Penalty for
to obey the summons or to answer to his name when called iumSfo^.^^^
by the Clerk shall be liable to a fine not exceeding two
hundred dollars, which may be immediately imposed by
the Court, provided that the Court may for good cause
reduce or remit the said penalty. No. 19 of 1902, s. 16.

IT. All fines for non-attendance of jurors shall if not paid How fines to
forthwith be levied together with sheriff^s costs and ex-^^^^®^*^-
penses as authorized for the execution of civil process by
warrant of distress issued by the Clerk of the Court directed
to the Sheriff*, and in default of sufficient distress and upon
such return of insufficient distress such person may on the
order of the Court be imprisoned for a term not exceeding
sixty days. No. 19 of 1902, s. 11.

15. Any party to a civil cause may apply to a judge in Special jury.
chambers on giving two clear days' notice for a special jury

and upon such application the judge may make such order
as he sees fit. No. 19 of 1902, s. 18.

lO. There shall be payable to the Sheriff* and Clerk each shericf .md
out of the general revenue fund of the Territory on the cer- ^^^^^^ ^®^^-
tificate of the revising judge, the sum of ten cents for every
name added to the list of jurors so prepared as aforesaid.

Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 36 of 77)