Yukon Territory.

The consolidated ordinances of the Yukon Territory, 1902,: being a ... online

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any Ordinance in force in the Yukon Territory before the
passing of this Ordinance, shall be entitled to be enrolled
as a Barrister and Solicitor upon completing the term of ser-
vice prescribed by such Ordinance if he has passed the ex-
amination, and produces the evidence of educational attain-



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1902 LEGAL PROFESSION Cap. 47 896

ment that he would have been required to pass and produce
under such Ordinance, upon proaucing to the Secretary a
certificate to that eflTect of the Territorial Court and paying
the fee prescribed by such Ordinance. No. 83 of 1901, s. 7.

S. In case any person gives evidence of such educational in other cases
attainments and service in the office of a Barrister and Soli- Sy^^to^^uffi-
citor of the Yukon Territory, whether in active practice or ".ency of ser-
occupying an official position in said Territory, whether un- ^'^*
der articles or otherwise, or of a course in a law school, as
in the opinion of a judge of the Territorial Court, are equiva-
lent to the preliminary examination and service required by
this Ordinance, and passes the final exeonination prescribed
for articled clerks, the said judge may recommend the admis-
sion of such person as a Barrister and Solicitor, and the Court
upon the production of a certificate in writing from the said
judge to such effect, and a certificate of his having passed
such final examination, may admit such person as a Barris-
ter and Solicitor notwithstanding the non-compliance of
such person with the requirements contained in section 4
of this Ordinance. No. 14, 1902, s. 2.

O. No person shall be called to the Bar as a Barrister or No person to
admitted to practice as a Solicitor in the Territorial Court e^eptls
save in accordance with the provisions of this Ordinance, provided
No. 33 of 1901, s. 8. ^^''*'^"-



OATH OF BARRISTER AND SOLICITOR.

lO. Before any person enrolled as a Barrister and Solici- Oath to be
tor begins the practice of his profession as such he shall be *^^®^'
presented to the Court by a Barrister in good standing and
shall in oi>en Court take the oath set out in the schedule to
this Ordinance. Such oath shall be administered by the
Clerk of the Court. No. 88 ol 1901, s. 9.



ANNUAL FEE.

!!• There shall be due and payable annually by every Annual fee.
practising Barrister and Solicitor to the Territoral Treasurer
on or before the thirtieth day of June in each year the sum
of twenty-five dollars, and each such Barrister and Solicitor
shall obtain from the said Treasurer and file with the Terri-
torial Secretary on or before said date a receipt for said sum.

(2.) Upon presentation of such receipt the said Secretary certificate to
shall issue to the practising Barrister and Solicitor present- be given on
ing the same a certificate stating that such Barrister and annu^"fee.
Solicitor is entitled to practice within the Yukon Territory
for one year from the 'thirtieth day of June of the year in
which the certificate is issued.



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896



Cap. 47



CONSOLIDATED ORDINANCES



c. o



Penalty for

practicing

without

taking

out annual

certificate.



Form of
certificate.



(3.) If any Barrister and Solicitor, or any member of any
firm of Barristers and Solicitors, either in his own name or
in the name of the firm, or in the name of any person or
I)ersons practices the profession of law in the Yukon Terri-
tory, or any of the Courts thereof, without having taken out
a certificate for the current year, as directed by this section,
he shall for every such offence be liable to a penalty of one
hundred dollars, and shall be, after the thirtieth day of June
on or before which such payment is due, disqualified from
the practice of such profession until the said sum of twenty-
five dollars and the said penalty of one hundred dollars are
paid to the said Treasurer and a certificate obtained from
the Territorial Secretary as aforesaid. Such certificate shall
be in force only from the thirtieth day of June, on or be-
fore which such sum of twenty-five dollars was due and
payable.

(4.) Such certificate may be in the form in the schedule
to this Ordinance. No. 33 of 150, s. 10.



List of
subjects to
be prepared
by ]udgee.



1^« The Judges or a Judge of the Territorial Court shall
prepare, whenever application is made to them for that pur-
pose, a list of subjects for examination of persons seeking to
become articled clerks, and also a list of subjects for persons
seeking to pass the final examination for admission to the
bar. Such list shall contain the text books upon which the
respective candidates shall be examined.

(2.) Any such person may make application to the Court
by directing a notice to the Clerk of the Court, giving his
name and address and stating which of the examinations he
desires to pass.

(8.) The Judges or a Judge may at any time before any
such application is made, prepare and publish', by posting
in the oflBce of the clerk of the Court, such lists of subjects,
and in such case no application or further preparation or
publication shall be necessary. No. 33 of 1901, s. 10.



Annual
examination.



IS. There shall be an examination held annuallv of per-
sons seeking to be enrolled as articled clerks and of i>ersons
seeking to be enrolled as Barristers and Solicitors. Such
examinations shall be conducted by one or more examiners,
appointed by the Commissioner of the. Yukon Territory,
and shall be held at such time in the month of September
and at such place or places as the Commissioner directs.

(2.) Every such person shall give notice of his intention
to take any such examination to the Territorial Secretary,
not later than the twenty-fifth day of August preceding
such examination.

(3.) The Commissioner may at any time direct that a
special, additional or supplemental examination of any
such person be held. No. 33 of 1901, s. 11.



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1902 LEGAL PROFESSION Cap. 4*7 89*7

ARTICLED CLERKS.

14. Before any person is entitled to be enrolled as an Preliminary
articled clerk he shall pass the prescribed preliminary examination.
examination, and shall be bound by contract, in writing,
to serve as a clerk to a duly qualified Barrister or Solicitor
practicing in the Yukon Territory.

(2.) Such contract, with a declaration of the execution Articles to be
thereof by the parties, thereto, shall within three month ^^^'
after the execution of such contract be filed with the Ter-
ritorial Secretary. The Secretary shall indorse upon such
contract the memorandum of the date of filing.

(3.) Every assignment of such contract, together with a Assignment
declaration of the execution thereof, shall be filed within blfiSd!^^
three months after the execution of such assignment. Every
such declaration shall show that the Barrister and Solicitor
with whom the clerk is articled is in good standing and
shall also show that such contract or assignment was
executed by the several parties thereto and shall state the
name of every such party and his place of abode, and shall
also state the day on which such contract or assignment
was actually executed by the parties thereto.

(4.) TheLegal Adviser for the Commissioner of the Yukon Legal adviser
Territory and for the Yukon Council shall be deemed a ^u^etd^
duly qualified Barrister and Solicitor practising in the hamster.
Yukon Territory, No. 33 of 1901, s. 12.

15- The Territorial Secretary shall enter upon a roll, to ^^!^^^
be called The Eoll of Articled Clerks, the name, residence, ^^^^^ ^ ^^^ ^'
and addition of every articled clerk whose articles have
been filed with him and who has also filed a certificate of
the examiner appointed as aforesaid of such clerk having
passed the preliminary examination ; such roll shall show
the date upon which the articles of every clerk were filed,
the date of any assignment of such articles and the date of
entry of the name of such clerk on such roll. No. 38 of
1901, s. 13.

16. No Barrister and Solicitor shall have under such No Barrister
articles as aforesaid more than two clerks at one time, nor than*two^°'^^
shall he have any such clerk after he has discontinued articled clerks.
practising his profession or while he is employed as a
clerk by any other Barrister or Solicitor. Services by a
clerk in, contravention of this section shall not be deemed
service under this Ordinance. No. 38 of 1901, s. 14,

IT. If any Barrister and Solicitor, before the termination Articles may
of the articles of a clerk bound to him becomes bankrupt o'^^f^^^^n
or insolvent, or discontinues practice, or becomes or is Barrister
employed as a clerk by any other Barrister and Solicitor, or p^t'ife.**^
dies, the Court may, upon application of the clerk so bound,

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898



Cap. 47



CONSOLIDATED ORDINANCES



C. O.



Clerk may
enter into
other articles
for balance
of term.



permit such articles to be discharged or assigned to such
other person upon such terms and in such manner as the
Court shall state. No. 83 of 1901, s. 15.

18. Whenever any such articles as aforesaid have been
discharged as aforesaid or cancelled by consent of the
parties thereto, or determined by the death of a Barrister
and Solicitor, the clerk may be bound by other articles in
writing to serve as a clerk to any other practising Barrister
and Solicitor during the residue of the term for which he
was bound by such first mentioned articles and service
under such second articles subject to the provisions herein
contained shall be as effectual for the purpose of this Ordi-
nance as if such service had been performed under the
first articles. No. 38 of 1901, s. 16.



Time to count
only from
date of filing
articles or
assignment.



19. If any such articles or assignments, with a statutory
declaration or declarations in respect thereto hereinbefore
required are not filed as aforesaid within the time herein-
before limited therefor, the same may afterwards be filed
with the said Secretary, but the service of the clerk shall
be reckoned only from the day of such filing unless the
Court in its discretion for special reasons otherwise orders.
No 38 of 1901, s. 17.



Court to have
same powers
over

Barristers as
Supreme
Court of
Judicature
in England.



DISCIPLINARY.

20. All Barristers and Solicitors shall be officers of the
Territorial and other Civil Courts of the Territory, and the
Territorial Court, or any Judge thereof shall possess and
exercise the same powers and jurisdiction over and in
respect of such Barristers and Solicitors as at the time of the
passing hereof is possessed hj the Supreme Court of Judi-
cature in England over and m respect of Solicitors of the
said last mentioned Court. No. 33 of 1901, s. 18.



j)erson.



Barrister not 21. No Barrister and Solicitor shall wilfully and kuow-
^unquliTed^ iuglv act as the professional agent of any person not duly
enrolled and qualified to act as a Barrister and Solicitor or
suffer his name to be used in any such agency on account
of or for the profit of an unqualified person, or send any
process to such person, or do any other act to enable such
person to practice in any respect as a Barrister and Solici-
tor, knowing him not to be qualified, and no Barrister and
Solicitor shall enter into any partnership, agreement or ar-
rangement in the nature of a partnership, or into any agree-
ment or arrangement for sharing or dividing costs, proceeds
or profits, or the fruits of any litigation or of any leffal
business transacted by such barrister and Solicitor with
any person not duly enrolled and qualified to practice as a
Barrister and Solicitor in the Yukon Territory. No. 18 of
1901, 8. 19.



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1902 LEGAL PROFESSION Cap. 4*7 899

2^« The Legal Adviser shall inquire into and thoroughly Leg^ai adviser
investigate any complaint made to such Legal Adviser by ^m^pbinte**^
any person against any Barrister or Solicitor for any just made against
cause whatsoever, or against any person for any violation ®*'^"®'^^-
of any of the provisions of this Ordinance, and it shall be
the duty of such Legal Adviser to whom such complaint is
made if the same is well founded, to take such proceedings
for disciplining or otherwise punishing such Barrister and
Solicitor or other such person in the manner provided
therefor in this Ordinance. No. 83 of 1901, s. 20.

5M« If, upon application, at the instance of any person, Proceedings
supported by affidavit made to the Court, it shall prima ^^mster for
facie appear that a Barrister and Solicitor has been guilty unprofessional
of professional misconduct or of conduct unbecoming a ^"^"^^•
Barrister and Solicitor, or for default by him in payment
of moneys received by him as a Barrister and Solicitor, or
has been guilty of such misconduct as would, in England,
be sufficient to bring a Solicitor under the punitive powers
of the Supreme Court of Judicature, or has been guilty of
any breach of the provisions of this Ordinance, the Court
shall cause notice to be given to such Barrister and Solicitor,
calling ui)on him to answer the facts, and at the time
appointed by such notice shall hear the complainant and
the Barrister and Solicitor, and any evidence adduced by
them or either of them, and if the Court finds the complaint
well founded it may direct that the name of such Barrister
and Solicitor be struck oflfthe roll of Barristers and Solicitors,
or may suspend such Barrister and Solicitor from practising
for such period as may be considered just. No. 33 of 1901.
s. 21.

S4. The Court may order that notice of any application Court may
made under the next preceding section be given by the a^hVation^to
complainant to the Legal Adviser, and to such other person be given Legal
or persons as the Court thinks proper, and the Legal -^^^^i^^-
Adviser or the person or persons so notified, may appear in
person or by Barrister and Solicitor on such application,
and the conduct of such application may be entrusted by
the Court to the Legal Adviser. No. 83 of 1901, S..22.

25. In any application to the Court under the provisions Name of

of the next three preceding sections the name of the Bar- ^[^'^^,^g^"ted
rister and Solicitor complained of shall be suppressed and onpiocf^edings

all proceedings shall be headed : " In the matter of , Sy^court."^^'^

a Barrister and Solicitor " until the Court directs the in-
sertion of the name of such Barrister and Solicitor. No. 33
of 1901, s. 23.

26. Whenever any Barrister and Solicitor is struck off when

the Roll of Barristers and Solicitors or suspended from ^Juck^ff roils
practising, the Clerk of the Court shall certify the same orsuspendwi^



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400 Cap. 47 consolidated ordinances C. 0.

Clerk of Court nnder his hand and seal of the Court to the Territorial

Territonai Secretary, who shall file such certificates and shall make a

Secretary. uote Opposite the name of such person on the said Roll of

his having been struck off* the same or suspended (as the

case may be), and in case of suspension, the time of such

suspension. No. 33 of 1901,>.[24.^

Privilege of ^"^^ Upou a Barrister and Solicitor being struck off the
Sa^^^oVe^ng ^^^^ ^^ aforesaid, all his rights and privileges as a Barrister
struck oflf roll, and Solicitor shall cease and determine, or in case he is
suspended, he shall, during the period of his suspension
possess no rights or privileges as a Barrister and Solicitor,
and notice of his being struck off the roll or suspended
shall forthwith.be ffiven by the Secretary to the Judges of
the Territorial Court. No. 33 of 1901, s. 25.

Court may ^®* ^^^ Territorial Court may, on application made for

order that purpose, and when in the opinion ^f such Court the

^^"k^ff rolls subsequent conduct of the Barrister and Solicitor, or the
tobe resto ed. facts Warrant it, order the name of any Barrister and Solici-
tor struck off the Roll to be restored thereto upon such
terms as to the payment of money or otherwise as the
Court directs, and in such case the Clerk of the Court shall
certify the same under his hand and the seal of the Court
to the Territorial Secretary, who shall file such certificate and
make a note opposite the name of such person on the said
Eoll of his having been restored thereto. No. 88 of 1 901, s.|26.

Notice of 20« Notice of such application shall be given to the

begi^nto^ Territorial Secretary and such other person or personsjas
Territorial the Court Or a Judgc upou cx parte application directs and
Secretary. ^j^^ persou SO notified may, in person or by Barrister and

Solicitor appear and oppose or consent to such application.

No. 33 of 1901, s. 2Y.

Banister to SO. Provided that before being entitled to be restored*to
^^ars uTfore *^^ ^o\\ hereunder such person whose name is sought to be
beinjf restored icstorcd shall pay all arrears of fees due by him to the said
to roll. Treasurer, including the fees for the period which has

elapsed since he was struck off the Roll. No. 83 of 1901,

s. 28.

Articled clerk SI. Whenever a person being an articled clerk shall be
SpJ^feLionai ^^^^^ ^1 1^® Court Or a Judge, after due inquiry, to have
conduct to i)e bceu, either beforc or after the coming into force of this
struck off roll. Ordinance guilty of professional misconduct or conduct un-
becoming an articled clerk, it shall be lawful for the Court
or Judge to strike the name of such clerk from the roll
of articled clerks. No. 33 of ICO I, s. 29.

No one to S2. No pcrsou othcr than Barristers and Solicitors duly

practice qualified and admitted to practice in the Yukon Territory



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1902 LEGAL PROFESSION Cap. 4*7 401

shall act as Barrister and Solicitor in the Yukon Territory except
or practice in any Court in the said Territory, or advise for ^*ter©dhDifroX
fee or reward, directly or indirectly in matters pertaining
to the law, or sue out any writ or process, or commence,
carry on, solicit or defend any action or proceeding in any
such Court, or assume to act or hold himself out to the
public in any way as a person qualified to act as a Barrister
or Solicitor, or shall in this Territory hold himself out with
the object of obtaining legal practice in the Territory to be
a Barrister at Law, Advocate, Solicitor or Attorney of any
other Province, Territory or country, or be, or hold himself
out as a partner or agent of any Barrister or Solicitor, or
participate in the profits, as profits of the office, or any
business pf any Barrister or Solicitor of the Yukon Terri-
tory carried on or transacted as such Barrister or Solicitor,
and any person contravening . any provision of this section
or assisting any person to contravene any provision of
this section, shall be liable to and shall pay a fine or penalty
< i not less than three hundred and not more than five
hundred dollars for the first offence, which fine or penalty
may be imposed upon summary conviction by any justice
of the peace upon an information being laid in the name of
the Bar of the Yukon Territory, upon the oath of the
Secretary thereof that he is informed and believes that the
person charged has committed the acts alleged, or may be
recovered by action brought by the Territorial Secretary in
the Territorial Court, and such person, if a Barrister and
Solicitor, shall be struck off* the Roll, arid for every subse-
quent offence such person contravening any provision of
this section or assisting anv person to contravene any pro-
vision of this section, shall oe liable to and shall pay a fine
or penalty of five hundred dollars, to be imposed or recoverd
as aforesaid, and if a Barrister and Solicitor shall be struck
off* the Boll and disqualified from practising as a Barrister
and Solicitor..

(2.) Any contravention of any provision of this section ^"ijj^^®"^^^
shall constitute a contempt of court and may be dealt with tobea>^mpt
by the Territorial Court as such. ^^ ^^^^^

(8.) Any person doing any of the acts prohibited by this Barriflternot

i • u 11 1 • ?i r 'I* ^3 on roll not to

section shall be incapable of recovering any fee, reward or coUect fees or
disbursement on account thereof, and any sum paid to such disbursements
person therefor may be recovered back by the person pay-
ing the same.

(4.) This section shall not be deemed to prevent any ^^^^Sf
person acting on his own behalf in any action, cause, suit m his own
or matter. No. 83 of 1901, s. 80. *^***^^-

SS. The Legal Adviser may institute or authorize the ^®^*}^ti\ute
institution of any proceedings under this Ordinance for any ^^eSing".^
breach of its provisions. No 35 of 1901, s. 31.



26— Y. o.

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402



Cap. 47



CONSOLIDATED 0RDINAN0E8



C. 0.



SCHEDULE.



Oath British
subject.



Oath of
alleg^nce.



Oath of
Barrister.



OATH OF BARRISTER AND SOLICITOR.

I, A. B., do swear (or being one of the persons allowed
by law to affirm in judicial cases, do affirm) that I am a
British subject by birth (or naturalization as the case may
be) and that I am of full age of twenty-one years. So help
me Grod.

I, A. B., do sincerely promise and swear (or affirm) that I
will be faithful and bear true allegiance to His Majesty,
King Edward VII., as lawful sovereign of Great Britain
and Ireland and of the Dominion of Canada, dependent on
and belonging to the said United Kingdom, and that I will
defend him to the utmost of my power against all traitor-
ous conspiracies and attempts whatever which shall be
made against his power, Crown and Dignity ; and that I
will do my utmost endeavour to disclose and make known
to His Majesty, his heirs and successors, all treason and
traitorous conspiracies and attempts which I shall know to
be against him or any of them, and all that I do swear (or
affirm) without any equivocation, mental evasion or secret
reservation. So help me God.

The proper officer under the direction of the court shall
say f o the barrister :

" You are called to the degree of barrister to protect and
defend the rights and interests of such persons as may
employ you. You shall conduct all causes faithlully and
to the best of your ability. You shall neglect no 'man's
interest nor seek to destroy any man's property. You shall
not be guilty of champerty or maintenance. You shall
not refuse causes of complaint reasonably founded, nor shall
you promote suits upon frivolous pretenses. You shall not
pervert the law to favour or prejudice any man, but in all
things shall conduct yourself truly and with integrity. In
fine the King's interests and your fellow subjects you shall
uphold and maintain according to the constitution and laws
of this Territory."

To which the barrister shall answer :

" All this I swear (or affirm) to observe and perform to
the best of my knowledge and ability. So help my God."

** I, A. B., do further swear that I will truly and honestly
demean myself in the practice of a solicitor according to the
best of my knowledge and ability. So help me GcS."



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1902 LEGAL PEOFESSION Cap. 4*7 408

CERIPinAl

Yukon Territory.



CERIFIOATE OF^PAYMENT OF ANNUAL FEE.



Annual Certificate No.

This is to certify that has paid to the

Territorial Treasurer under the provision of the Ordinance
respecting the legal profession the sum of twenty-five
dollars, and that the jsaid is hereby entitled to

practice as a barrister and solicitor in the Yukon Territory
for one year from the thirtieth day of June, A.D. 19 .

Dated , A.D. 19 .

Territorial Secretary.



26 J— Y. o.

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404



Cap. 48



CONSOLIDATED ORDINANCES



CO.



CHAPTER 48.

An Ordinance Respecting the Profession of Medicine
and Surgery.

SHORT TITLE.



Short title. *• This Ordinance may be cited as

Ordinance:' No. 1 of 1898, s. 1.



The Yukon Medical



COLLEGE OF PHYSICIANS AND SURGEONS.

"TheCoUege ^« The members of the medical profession shall be a

of Physiciana body Corporate under the name of "The College of Physi-

of Yuko^"* cians and Surgeons of the Yukon Territory," and shall

Territory." have perpetual succession as hereinafter provided, and a

common seal with power to acquire, hold and dispose of

chattel property and real estate for the purposes of this

Ordinance, and to sue and be sued. No. 1 of 1898, s. 2.



Members of
college.



Physicians
and surgeons

Practising at
ate of
Ordinance
members.



S« Every person hereinafter registered under the pro-
visions of this Ordinance shall be a member of the College.
No. 1 of 1898, s. 3.



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 44 of 77)