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the wife to benefit by the policy shall be ihe wife living at
the maturity thereof. N.W.T., c. 49, s. 6.

T. Any such policy may be surrendered or assigned :

(a) \Vhere the policy is for the benefit of children only
and the children surviving are of the full age of
twenty-one years if the person insured and all such
surviving children agree to so surrender or assign ;
or

(b) Where the policy is for the benefit of both a wife
and children and the surviving children are all of
the full age of twenty-one years if the person in-
sured and his then wife if any and all such surviv-
ing children agree to so surrender or assign ; or

(c) Where the policy is for the benefit of a wife only or
of a wife and children and there are no children
living of the person insured and his then wife agrees
to so surrender or assign. N.W.T., c. 49, s. 7.

S. Where an apportionment as in sections 2 and 5 hereof
provided for has been made if one or more of the persons in
whose favour the apportionment has been made dieinthe life-
time of the insured the insured may by an instrument in writ-
ing attached to or indorsed on or otherwise referring to and



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1902 WIFE AND CHILDREN Cap. 45 . 885

identifying the policy of insurance declare that the share i>eath of
formerly apportioned to the person so dying shall be for the b^fore^'^^^n
benefit of such other person or persons as he names in that insured
behalf not being other than the wife and children of the in-
sured and in default of any such declaration the share of the
I)erson so dying shall be the property of the insured and
may be dealt with and disposed of by him as he sees fit
and shall at his death form part of his estate. N.W.T., c.
49, s. 8.

•. Where no apportionment as in sections 2 and 6 hereol No apportion-
provided for has been made if one or more of the persons en- g^^fj ^f
titled to the benefit of the insurance die in the lifetime of the beneficiary.
insured and no apportionment is subs^tfuently made by the
insured the insurance shall be for the benefit of the survivor
or of the survivors of such persons in equal shares if more
than one ; and if all the persons so entitled die in the lifetime
of the insured the policy and the insurance money shall form
part of the estate of the insured ; or after the death of all the
persons entitled to such benefit the insured may by an in-
strument executed as aforesaid make a declaration that the
policy shall be for the benefit of his then or any future wife
or children or some one of them. N.W.T., c. 49, s. 9.

10. When the insurance money becomes due and payable Payment of
it shall be paid according to the terms of the policy or of any J^ney"^
declaration or instrument as aforesaid as the i ase may be

free from the claims of any creditors of the insured except
as herein provided. N.W.T., c. 49, s. 10.

11. Where the insurance money or part thereof is for the insurance for
benefit in whole or in part of the children of the insured ^*^*'^'^°-
and the children are mentioned as a class and not by their ]^^ ^
individual names the money shall not be payable to the
children until reasonable proof is furnished to the company

of the number, names and ages of the children. N.W.T.,
c. 49, s. 11.

12. The insured may by the policy or by his will or by Appointment
any writing under his hand appoint a trustee or trustees of "^ *>'"8*®«»-
the money payable under the policy and may from time to

time revoke such appointment in like manner and appoint
a new trustee or new trustees and make provision for the
appointment of a new trustee or trustees and for the invest-
ment of the money payable under the policy. Payment
made to such trustee or trustees shall discharge the comp-
any. N.W.T., c. 49, s. 12.

18. If no trustee is named in the policy or appointed as Payment
mentioned in section 12 hereof to receive the shares to which ^stees.^
infants are entitled their shares may be paid to the executors
of the last will and testament ol the insured or to a guardian
25— Y. o



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886



Cap. 46



CONSOLIDATED ORDINANCES



CO.



InvestmeDt
by trustees.



Security by
guardian.



of the infants duly appointed by the Territorial Court of the
Yukon Territory or a judge thereof upon the application of
the wife or of the infants or their guardian and such pay-
ment shall be a good discharge to the insurance company.
N.W.T., c. 49, s. 13.

14. Any trustee named as provided for in the next preced-
ing two sections and any executor or guardian may invest
the money received in government securities or municipal
or school debentures or in mortgages of real estate or in any
other manner authorised by the will of the insured and may
from time to time alter, vary and transpose the investments
and apply all or any part oi the annual income arising from
the share or presumptive share of each of the children in or
towards his or her maintenance and education in such man-
ner as the trustee, executor or guardian thinks fit and may
also advance to and for any of the children notwithstanding
his or her minority the whole or any part of the share of the
child of and in the money for the advancement or prefer-
ment in the world or on the marriage of such child. N.W.T.,
c. 49, 8. 14.

15. A guardian appointed as provided in section 18 hereof
shall give security to the satisfaction of the Court or judge
for the faithful performance of his duty as guardian and for
the proper application of the money which he may receive.
Where the amount of the insurance money payable to a
guardian of infants does not exceed $400 and probate is
sought in respect of a will for the sole purpose of obtaining
insurance money to an amount not exceeding $400 the fees
payable on the appointment of such guardian or executor
shall be $4 and no more and such fees shall be regulated in
the manner prescribed. N.W.T., c. 49, s. 16.

16. Ifthere is no trustee, executor or guardian competent
to receive the share of any infant in the insurance money
and the insurance company admits the claim or any part

no trustee, etc. tj^greof the compauy at any time after the expiration of two
months from the date of their admission of the claim or pait
thereof may obtain an order from the Territorial Court of
the Yukon Territory, or a judge thereof for the payment of
the share of the infant into court ; and in such case the costs
of the application shall be paid out of the share (unless the
Court orjudge otherwisedirects)and the residue shall be paid
into Court pursuant to the order ; and such payment shall
be a sufficient discharge to the company for the money paid ;
and the money shall be dealt with as the Court orjudge
directs.

(2) If the company does not within four months from the
time the claim is admitted either pay the same to some per-
son competent to receive the money under this Ordinance or
pay the same into the Territorial Court the said Court or



Payment of
insurance
money into
court where



Order for
pajrment of
mnurance
moneys.



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1902 WIFE AND CHILDREN Cap. 46 SSI

judge thereof may upon application made by some one com-
petent to receive the said money or by some other person
on behalf of the infant order the insurance money or any
part thereof to be paid to any trustee, executor or guardian
competent to receive the same or to be paid into court to be
dealt with as the Court or judge directs and any such
payment shall be a good discharge to the company.

(3) The Court or judge may order the costs of the applica- OoBts.
tion and any costs incidental to establishing the authority
of the party applying for the order to be paid out of such
moneys or by the company or otherwise as seems just
and the Court or judge may also order the costs of and inci-
dental to obtaining out of Court moneys voluntarily paid in
by a company to be paid out of such moneys. N.W.T., c.
49, s, 16.

IT. If a person who has heretofore effected or who here- Surrender of
after effects an insurance for the purposes contemplated by Spl^iicy.^***^
this Ordinance whether the purpose appears by the terms
of the policy or by indorsement thereon or by an instru-
ment referring to and identifying the policy finds himself
unable to continue to meet the premiums he may sur-
render the policy of the company and accept in lieu
thereof a paid up policy for such sum as the premiums paid
would represent payable at death or at the endowment
age or otherwise (as the case may be) in the same manner
as the money insured by the original policy if not sur-
rendered, would have been payable ; and the company
may accept the surrender and grant the paid up policy not-
withstanding any declaration or direction in favour of the
wife and children or any of them. N.W.T., c. 49, s. 1^.

18. The person insured may from time to time borrow Borrowing for
from the company insuring or from any other company or ^^^^^^^
person on the security of the i)olicy such sums as are
necessary and the same shall be applied to keep the policy
in force on such terms and conditions as are agreed on ;
and the sums so borrowed together with such lawful inter-
est thereon as is agreed upon shall so long as the policy
remains in force be a first lien on the policy and on all
moneys payable thereunder notwithstanding any declara-
tion or direction in favour of the wife or children or any or
either of them. N.W.T., c. 49, s. 18.

!•• Any person insured under the provisions of this BonuseB and
Ordinance may in writing require the insurance company P^ofita.
to pay the bonuses or profits accruing under the policy or
portions of the same to the insured ; or to apply the same in
the reduction of the annual premiums payable by the in-
sured in such way as he directs ; or to add the said
bonuses or profits to the policy ; and the company shall pay

25J— T. o.

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888



Cap. 45



CONSOLIDiTBD ORDINANCES



C. 0.



Several
actions.
Consolidation.

Parties.



or apply such bonuses or profits as the insured directs and
according to the rates and rules established by the company:
, Provided always that the company shall not be obliged
to pay or apply such bonuses or profits in any other man-
nerJIthan stipulated in the policy or the application there-
for. N.W.T., c. 49, s.il9.i;

20. In case of several actions being brought lor insur-
ance money the Court is to consolidate or otherwise deal
therewith so that there shall be but one action for and in
respect of the shares of all the persons entitled under a
I)olicy. If an action is brought for the share of one or
more infants entitled all the other infants or the trustees,
executors or guardians entitled to receive payment of the
shares of such other infants shall be made parties to the
action and the rights of all the infants shall be dealt with
and determined in one action. The persons entitled to
receive the shares of the infants may join with any adult
persons claiming shares in the policy. In all actions
where several persons are interested in the money the
Court or judge shall apportion among the parties entitled
any sum directed to be paid and shall give all necessary
directions and relief N.W.T., c. 49, s. 20.



Notice to
insurance
company.



Rights of
creditors.



21. No declaration or appointment affecting the insur-
ance money or any portion thereof nor any appointment or
revocation of a trustee shall be of any force or effect as re-
spects the company until the instrument or a duplicate or
copy thereof is deposited with the company. Where a
declaration or indorsement has been heretofore made and
notice has not been given the company may until they
receive notice thereof deal with the insured or his execu-
tors, administrators or assigns in respect of the policy in the
same manner and with the like effects as if the declaration
or indorsation had not|been made. N.W.T., a 49, s.|21.

258. If the policy was effected and premiums paid by
the insured with intent to defraud his creditors the
creditors shall be entitled to receive out of the sum secured
an amount equal to the premiums so paid.J |N. W.T., c. 49,
s. 22.



No

interference
with other
modes of
assignment,
etc



2». Nothing contained^ in this Ordinance shall be held
or construed to restrict or interfere with the right of any
person to effect or assign a policy for the benefit of his or
her father, mother, husband or wife or children or some
one of them in any other mode allowed by law. N.W.T.,
c. 49, s. 23.



^^^rend«^or^ 24. Where all the persons entitled to be benefitted

aMignmento ^i^^ji^gp \yy original iusurauce, by written declaration or

instrument of variation or apportionment under any policy



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1902 WIFE AND OHILDBEN Cap. 45 889

are of full age they and the person insured may surrender
the policy or assign the same either ^absolutely^orjjby way
of security. N.W.T., c. 49, s. 24.

25. Where any policy of insurance or written contract Persons
of life insurance or the declaration indorsed upon or ^^^^q^.
attached to any policy of insurance to which this Ordinance
applies whether such declaration has heretofore been or shall
hereafter be made provides that the policy shall be for the
benefit of a x>erson and in the event of the death of such
person for the benefit of another person such first mentioned
person shall if living be deemed for the purposes of section
24 of this Ordinance the person entitled to be benefitted
under such policy. N.W.T., c. 49, s. 25.



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890



Cap. 46



CONSOLIDATED OBDINANOBS



c. o.



CHAPTER 46.



An Ordinance respecting Masters and Servanta



Contracts of
hiring.



Servant guilty
of misconduot.



Penalty.



!• Every contract or hire of personal service shall be
subject to the provisions of this Ordinance and if such con-
tract is for any period more than one year it shall be in
writing and signed by the contracting parties. N.W.T*.,
c 50, s. 1.

55. Any person ens^aged, bound or hired whether as clerk,
journeyman, apprentice, servant, labourer or otherwise how-
soever, guilty of drunkenness or of absenting himself by day
or night without leave from his proper service or employ-
ment or of refusing or neglecting to perform his just duties
or to obey the lawful commands of his master or of dissi-
pating his employer's property or effects shall be deemed
guilty of a violation of his contract and upon summary con-
viction of one or more of the said violations, forfeit and pay
such sum of money not exceeding $30 as to the justice
seems meet together with costs of prosecution and in default
of payment thereof forthwith shall be imprisoned for any-
period not exceeding one month. N.W.T. , c. 60, s. 2.

S. Any justice, upon oath of any employee, servant or
labourer complaining against his or her master or employer
concerning any nonpayment of wages (not exceeding six
months' wages, the same having been first demanded)
ill-usage or improper dismissal by such master or employer,
may summon the master or employer to appear before him
at a reasonable time to be stated in the summons and the
justice shall upon proof on oath of the personal service of
the summons examine into the matter of the complaint,
whether the master or employer appears or not, and upon
due proof of the cause of complaint the justice may dis-
charge the servant or labourer from the service or employ-
ment of the master and direct the payment to him or her
of any wages found to be due (not exceeding six months'
wages as aforesaid) and the iustice shall mc^e such order
for payment of the said wages as to him seems just and
reasonable with costs. N.W.T., c. 60, s. 8.

Lumt^f 4. Proceedings may be taken under this Ordinance

proce^Uigs. within three months after the engagement or employment

has ceased or within three months after the last instalment



Nonpayment
of wages.



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1902 MiSTBBS AND SEBYANTS Cap. 46 891

of wages under the agreement of hiring has become due
whichever shall last happen. N.W.T., c. 50, s. 4.

5. The provisions of this Ordinance shall be held to Ordinance to
apply in the Territory to contracts and agreements made at ^jf^J^^
any place outside the same. N.W.T., c. 60, s. 5. made outside

the Territory.

6* Nothing in this Ordinance shall in anv wise curtail, Civii remedies
abridge or defeat any civil or other remedy K)r the recovery pr®*®'^®^'-
of wages or damages which employers or masters may have
affainst servants or employees or which servants or em-
ployees may have against their masters or employers.
N. W.T., c. 50, s. 6.

T. Notwithstanding any disposition to the contrary of Master not to
any law or Ordinance in force in this Territory, whenever ^^^^J^^
any proceedings are taken before one or more justices of the of fraud.
peace under section 4, of this Ordinance, no warrfcnt for
the imprisonment of any master or employer for non-
payment of wages shall be issued, unless it is established
beiore the justice or justices, trying the case, that said mas-
ter or employer has committed some act of fraud tending
to deprive his creditors generally, or the complainant in
particular of his recourse against him, or that he is about to
leave the Yukon Territory, with the same intent. No. 30
of 1899, s. 1.



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892 Cap. 47 consolidated ordinances C. O.




TITLE VII.

EELATING TO PROFESSIONS, TRADES, &c.



CHAPTER 47.



An Ordinance Respecting the Legal Profession.

SHORT TITLtt.

Short tiUe. !• This Ordinance may be cited as " The Legal Profes-

sion Ordinance:' No. 83 of 1901, s. 1.

barristers' and solicitors' roll.

Territorial 2. The Territorial Secretary shall cause to be prepared a

Sejre^iT to Roll to be Called the Barristers' and Solicitors' Roll for the
^SZT Yukon Territory. No. 38 of 1901, s. 2.

Who to be 8. He shall forthwith cause to be entered on such

entered on roll j^n^ i^ proper Order according to the time of admission to
the Bar in the Yukon Territory, the names of all persons
who are at the date of the passing of this Ordinance en-
rolled as Advocates of the Yukon Territory on the Roll pre-
pared by, and in the custody of, the Clerk of the Territorial
Court, together with the respective dates of their admission
as such Advocates. The Secretary shall also, from time to
time enter on such roll the name of the person who fills the
office of Legal Adviser for the Commissioner of the Yukon
Territory and for the Yukon Council together with the
dale of the appointment of such persons to such office.
S7ur^Lr'' (2.) The Clerk of the Territorial Court shall forthwith
Territorial fumish the Territorial Secretary with a list of persons so
Si^i^Jf enrolled as advocates.



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1902 LEGAL PROFESSION Cap. 47

(8.) The Territorial Secretary shall, upon production of Territorial
the certificate of the Territorial Court hereinafter provided to enteP
for, that any person is entitled to be called to the Bar as a p®!^°?
Barrister and admitted to practice as a Solicitor in said ^rtificatf
Court, cause the name of such person to be entered on the f«>"» co"rt-
said Eoll with the date of such entry :

(4.) If any name is improperly omitted from or inserted ^^,^^^^ i°
in said Eoll, or if any mistake occurs in any name on such Srrected.
Eoll, the Territorial Court may, upon proper notice being
given, cause such name to be added to, or struck from such
Koll, or to be properly corrected, and the Territorial Secre-
tary shall add, strike off or correct such name in the manner
directed by the Court, and shall note opposite the name
affected, the date and authority for the change.

(5.) The Eoll prepared by the Secretary shall be and re- ?^5r*^^^*
main deposited with the said Secretary and shall be open to ^reSry.
inspection by any person upon payment of a fee of fifty
cents.

(6.) The Clerk of the Territorial Court shall keep on file ^erk of the
at his office at Dawson, in said Territory, a copy of the said J^p copy.
Eoll, with the additions, alterations and changes made
therein from time to time, and such copy shall be open to
inspection at all reasonable times at the said office.

(7.) Until such Eoll is prepared by the Territorial Secre- Until roll
tary, the Eoll of Advocates prepared by, and in the custody off S^the
of, the Clerk of said Court, shall be the Eoll of Barristers courts roll to
and Solicitors in the Yukon Territory. ^ ^^^ """•

(8.) Whether any person is enrolled as a Barrister and CJopyof roll
Solicitor or not shall be sufficiently proved by production of *o^«^*<^^»^-
the copy of the Eoll in the custody of the Clerk of the Court
or by production of a certificate of the Territorial Secretary
as to the fact. No. 88 of 1901, s. 8.

ADMISSION OF BARRISTERS AND SOLICITORP.

4. In addition to the persons entitled at the time of com- Additional
ing into force of this Ordinance to be enrolled as Barristers Sai^tt^.*^
and Solicitors, as provided in the next preceding section of
this Ordinance, every person who is a British subject of
the age of twenty-one years and upwards, and of good moral
character, and possesses any one of the following qualifica-
tions, that is to say :

(a.) Is a Member of the Bar of England, Scotland or Ire- Barristers of
land (excluding the Bar of Courts of merely local jurisdic- '^^ "^^"*
tion), or,

{b ) Has been duly called to the Bar of any of His Barristers
Majesty's Superior Courts in any of His Majesty's Provinces pr^v^ncen or
or Territories of the Dominion of Canada, or,

(c.) Has duly served under articles of Clerkship for a students who
period of three years in any such Province with a duly th^eVyearK
qualified Barrister of such Province, and has passed the ex- »« Province



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894



Cap. 41



CONSOLIDATED OBDINANCES



C. 0.



and passed
examinations.

Barristers of
any other
colony.



Articled
clerks who
have served
three years



and (Missed
examinations.



Notice of
application for
admission to
be published.



aminations and possesses the other qualifications entitling
him to be called and admitted to such Bar, or.

[d.) Has been called to the Bar of any of His Majesty's
Dominions or Colonies, and would, by reason thereof, be
entitled to admission to the Bar in any of His Majesty's Pro-
vinces of the Dominion of Canada, or,

(e.) Has passed the prescribed preliminary and final ex-
aminations and has served under articles of clerkship for a
period of three years after filing such articles with the Ter-
ritorial Secretary, or,

(/.) Has i>assed the preliminary examination prescribed
in any Province or Territory of Canada and has served un-
der articles of clerkship in such Province or Territory time
which would be counted on the time of service required in
such Province or Territory for admission to the Bar thereof
and has also served under articles of clerkship in the Yukon
Territory, after filing such articles with the Territorial
Secretary, such time as together with the time so served in
such Province or Territory equals three years, and has
passed the prescribed final examination, shall be entitled to
a certificate from the Territorial Court that he is entitled to
be enrolled as a Barrister and Solicitor.

(2.) Such certificates shall be signed by the Clerk of the
Court and sealed with the seal of the Court,

(8.) The Court may allow as part of the time of service
under articles of clerkship required by this section, time
spent by a clerk at a recogniz;.ed law school of such stand-
ing as the Court deems satisfactory. No. 88 of 1901, 84.

fl^« No such certificate shall be granted by the Court unless
notice of application thereof has been given by publication
of such notice in the Yukon Official Gazette for two consecu-
tive weeks before such application. Such notice shall state
the name and residence of the person seeking a certificate,
the qualification upon which he relies, and the time and
place at which the application will be made. Provided that
this section shall not apply to any articled clerk who has
passed the prescribed final examination in this Territory.
No. 28 of 1 901, s. 4. No. 14 of 1902.



Fee to be paid. 6* Before any person is enrolled by the Secretary such
person shall pay to the Territorial Treasurer a fee of fifty
dollars, and shall satisfy such Secretary that such payment
has been made. No. 23 of 1901, s. 6.



Other articled
clerks to be
admitted.



7. Any person who has become an articled clerk under



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 43 of 77)