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by-law of such municipality during the period of their
sentence, the provisions of this section shall thereafter
apply to such persons in like manner as to other offenders.
54-55 Vic, c. 22, s. 18.

SO. The G-overnor in Council may, from time to time, what may be
direct that any building or buildings, or any part thereof, * ^^^'•
or any enclosure or enclosures, in any part or parts of the
Territories, shall be a jail or lock-up for the confinement
of prisoners charged with the commission of any offence or
sentenced to any punishment or confinement therein ; and
confinement therein shall thereupon be held lawful and
valid whether such prisoners are being detained for trial or
are under sentence of imprisonment in a penitentiary, jail
or other place of confinement ; and the Governor in Council
may at any time direct that any building or any part
thereof, or any enclosure, shall cease to be a jail or lock-up,



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xliv



CONSOLIDATED ORDINANCES



Gaol
discipline.



Conditione
upon which
prisoners are
kept.



and thereupon such building or part thereof, or such enclo-
sure shall cease to be a jail or lock-up.

(2.) The Governor in Council shall have power to make
rules and regulations for the management, discipline and
I)olicy of such jails or lock-ups and for fixing and pre-
scribing the duties and conduct of the jailer and every
other officer or servant employed therein and for the diet,
bedding, maintenance, employment, classification, instruc-
tion, discipline, correction, punishment and reward of
persons confined therein, and to annul, alter and amend
the same from time to time; and all jailers, officers,
prisoners and other persons shall be bound to obey such
rules and regulations.

(8.) The Governor in Council shall also have power from
time to time to prescribe the terms and conditions upon
which persons convicted or accused of any oflFence under
any Ordinance of the North-West Territories or any munici-
pal by-law or regulation, or sentenced to confinement
undor any such Ordinance, by-law or regulation, or arrested
under any civil process, shall be received and kept in any
jail or lock-up created under the authority of this section ;
and he may from time to time specifv what jails and
lock-ups shall be available for the connnement of such
persons. 54-56 Vic, c. 22, s. 14.



Limitation of
time for



M. In all cases in the Territories when proceedings
before justices of the peace are authorized to be summary
and when no time is specially limited for making any
complaint or laying any information in the Act or law
relating to the particular case, the complaint shall be made
and the information shall be laid within twelve months
from the time when the matter of the complaint or infor-
mation arose.



Who shall
be coroners.



CORONERS AND INQUESTS.

SSJ« The Indian Commissioner for the Territories, the
judges of the Supreme Court, the Commissioner and
Assistant Commissioner of the North-west Mounted Police,
and such other persons as the Lieutenant Governor from
time to time appoints, shall be coroners in and for the
Territories.



When
inqueots
may be held.



Decea««ed
prisoners.



S8. Except as hereinafter provided no inquest shall be
held upon the body of any deceased person by any coroner
unless it has been made to appear to such coroner that there
is reason to believe that the deceased died from violence or
unfair means or by culpable or negligent conduct either of
himself or of others, under such circumstances as require
investigation and not through mere accident or mischance.

HA. Upon the death of any prisoner the jailer or officer
in charge of the jail wherein such prisoner dies shall im-



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NORTH-WEST TERRITORIES ACT xlv

mediately give, notice to the nearest resident coroner, and
such coroner shall proceed forthwith to hold an inquest
upon the body.

S5« It shall not be necessary in any case that a coroner's Number of
jury shall exceed six persons, but in every case of an inquest ^"'^•
six jurors must agree in order to render the verdict valid.

80. Coroners shall have the same powers to summon Powew of
witnesses and to punish them for disobeying a summons to corners.
appear or for refusing to be sworn or to give evidence as
are enjoyed by justices x>{ the peace.

W* The fees of coroners, jurors and witnesses attending Few.
criminal trials and inquests may be fixed from time to time
by the Governor in Cfouncil and paid in such manner as
he directs.

ADMINISTRATION OF CIVIL JUSTICE.

S8. Every judffe of the Supreme Court shall have juris- CivU
diction, power and authority to hold courts, whether estab- if'i^ge.*^'*
lished by Ordinance of the Legislative Assembly or not, at
such times and places as he thinks proper and at such
courts as sole judge to hear all claims, disputes and demands
whatsoever except as herein provided, which are brought
before him and to determine any questions arising there-
out, as well of fact as of law, in a summary manner ; and
such courts shall be open public courts.

(2.) Provided that in cases where che claim, dispute or Trial bjr jury
demand arises out of a tort, wrong or grievance and in J^^**""
which the amount claimed exceeds five hundred dollars, or
if for a debt or on a contract in which the amount claimed
exceeds one thousand dollars, or for the recovery of the pos-
session of real property, if either party demands a jury or
in any such case in which the judffe thinks fit so to direct,
he may direct that all questions of fact therein shall be tried
and determined by a sworn jury of six in number sum-
moned in the manner hereinbefore provided as to criminal
trials.

(8.) Provided further that in cases of disputed accounts Reference of
the judge may in place of a trial by jury direct the evidence ^^^
to be taken by the clerk of any court or by any other com- *^*^"°
petent person ; which clerk or other person shall be sworn
to take the same huly and to reduce it to -writing.

(4.) The judge may give judgment on the verdict of the Judgment
jury or upon the evidence taken by the clerk or other per-
son as aforesaid or may order a new trial when justice seems
to require the same ; and in all cases a judge may give such
judgment and make such orders and decrees, interlocutory
and final, as in such cases brought before him appear just
and agreeable to equity and good conscience ; but no court



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xlri



CONSOLIDATED ORDINANCES



Rambling
debts or
intoxicants.



No acting for or judge in the Territories shall have jurisdiction in respect
of any action for a gambling debt or for the price of any
intoxicating liquor or intoxicant, or of any action by any
person on any promissory note, bill of exchange, cheque,
draft or other document or writing whatsoever, the con-
sideration or any part of the consideration for which, was a
gambling debt or any intoxicating liquor or intoxicant.
60-t)l Vic, c. 28, 8. 15.



Judgment,
how g^ven.



SO. Every judgment of the judge shall be pronounced
in open court as soon as may be after the hearing of the
case ; except that in any case where the judge is not pre-
pared to pronounce judgment at the close of the trial he
may postpone judgment and deliver and enter the same
subsequently, and such judgment shall be as effectual as if
rendered in court at the trial.



proceedings to carry into effect any such judg-

" ' Vail



Execution HO. The

o ju gment jj^^^j^ order or decree, whether interlocutory or final, shall
be as prescribed by any Ordinance of the Legislative Assem-
bly ; or if no such Ordinance is in force when any such
judgment, order or decree is rendered, then in such manner
as the judge who pronounced the same directs. 60-61 Yic,
c. 28, s. 16.

Governor in W« The Govcmor in Council may from time to time by
S^^ftUectfons Proclamation declare that the three sections next preceding,
88 to 90 by or any of them, or any portion or portions of the said sections
proclamation. ^^ ^f ^^y ^f ^j^^j^^^ gj^^jj y^^ repealed from and after the date

named in such proclamation. 57-58 Vic, c. 17, s. 10.



PROHIBITION OF INTOXICANTS.



Intoxicants i>2. No iutoxicatiug liquor or intoxicant shall be manu-
ulanufactured ^^c^^r^d^ Compounded or made in the Territories, except by
etc., without Special permission of the Q-overnor in Council ; nor shall
liermissiun. ^^y iutoxicatiug liquor or intoxicant be imported or brought
into the Territories from any Province of Canada, or else-
where, or be sold, exchanged, traded or bartered, or had in
possession therein, except by special permission, in writing,
of the Lieutenant Governor.

(2.) Intoxicating liquors or intoxicants imported or
brought from any place out of Canada into the Terri-
tories, by special permission in writing of the Lieutenant
Governor, shall be subject to the customs and excise laws
of Canada.



Customs and
excise laws
to apply.



Rt»turn of
permissions.



9S. The Lieutenant Governor shall make an annual
return, up to the thirty-first day of December in each year,
of the number of such permissions so given by him, and
the quantity and nature of the intoxicating liquors and



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NORTH-WEST TERRITORIES ACT xlvii

intoxicants in each case, to the Minister of the Interior, who
shall lay the same before Parliament

94. If any such intoxicating liquor or intoxicant is manu- Forfeiture of
factured or made in the Territories, or is imported or^"^^^^*"**
brought into the Territories, or is sold, exchanged, traded
or bartered in violation of the provisions of this Act, such
liquor or intoxicant shall be forfeited, and may be seized
by any officer of the customs or excise, or by any constable
or other duly qualified person wheresoever found ; and any
judge of the Supreme Court or justice of the peace on com-
plaint made before him may, on the evidence of one credi-
ble witness that the provisions of this Act have been violat-
ed in respect thereof, order such intoxicating liquor or
intoxicant so seized to be forthwith destroyed ; or if such Search
liquor or intoxicant has not been seized such judge o^b^^^nted*^
justice of the peace on complaint as aforesaid may issue
a search warrant, as in cases of stolen goods, and upon
the same being found may cause them to be forthwith
destroyed ; and the still, machinery, keg, barrel, case, box, still,
package or receptacle whence or in which any intoxicating ^d'r^ptacie
liquor or intoxicant has been manufactured, imported or may be seized.
made, sold, exchanged, traded or bartered, and as well that
in which the original supply was contained as the vessel
wherein any portion of such original supply was supplied as
aforesaid, and the remainder of the contents thereof, if such
still, machinery, barrel, keg, case, box, package, receptacle
or vessel aforesaid, respectively, can be identified, may be
seized by any officer of the customs or excise or by any con-
stable or other duly qualified person wheresoever found
within the Territories; and any judge of the Supreme And forfeited.
Court or justice of the peace may, on complaint before him
and on the evidence of one credible witness that the provi-
sions of this Act have been violated in respect thereof,
declare such intoxicating liquor or intoxicant, still, machi-
nery, vessel or receptacle forfeited and cause the same to be
forthwith destroyed ; and the person in whose possession Penalty and
any of them are found shall incur a penalty not exceeding tiTr^.**^"
$200 and not less than $50 with costs ; and a moiety of
such penalty shall belong to the person laying the informa-
tion, and the other moiety thereof shall belong to Her
Majesty for the public uses of Canada. 51-56 Vic, c. 22,
8. 15.

(2.) Every vehicle on which any such intoxicating liquor Vehicles
or intoxicant is imported or conveyed into or through or n^^ioTmay
over any portion of the Territories contrary to the provi- ^e seized.
sions of this Act shall, together with the horses or other
cattle employed in drawing any such vehicle as aforesaid,
be forfeited to Her Majesty and may be seized and dealt
with accordingly. 51 Vic, c. 19, s. 18.

t>5« Every person who without special permission as Penalty for
aforesaid issued to him, manufactures, makes, compounds, ""*"" *^



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xlviii



CONSOLIDATED ORDINANCES



turin^
intoxicating
li9uor8, etc.,
without
permission.



imports, sells, exchanges, trades or barters any intoxicating
liquor or intoxicant, or in whose possession or on whose
premises any intoxicating liquor or intoxicant of any kind
is, without such special permission issued to him, shall
incur a penalty not exceeding $200 and not less than $50, —
a moiety of which penalty shall belong to the person lay-
ing the information. 54-55 Vic, c. 22, s. 16.



Penalty for^ 90. Everv person who knowingly has in his possession
exchanged^fo? any article, cnattel, commodity or thing purchased, acquired,
intoxicants in exchanged, traded or bartered, either wholly or in part, for
possession. ^^^ intoxicatiug liquor or intoxicant shall for each offence
incur a penalty not exceeding $200 and not less than $60, —
a moiety of which penalty shall belong to the informer.



Forfeiture of
things
accessory to
oflFenee.



Penalty for
refusing to
assist
constable.



OT. Every article, chattel, commodity or thing, in the
purchase, acquisition, exchange, trade or barter of which the
consideration either wholly or in part is any intoxicating
liquor or intoxicant, shall be forfeited to Her Majesty and
shall be seized as hereinbefore provided in respect to any
receptacle of any intoxicating liquor or intoxicant.

08« Every person who refuses or neglects to aid any
constable, sub-constable or other duly authorized person in
the execution of any act or duty required under any of the
six sections next preceding, or who knowingly refuses to
give information or gives fal^e information in respect to any
matter arising therefrom, shall incur a penalty not exceed-
ing $200 and not less than $50, — a moiety of which x>enalty
shall belong to the informer.



Recovery of
penalties.



Penalty for
a subsequent
offence.



90* Every penalty incurred under any of the seven sec-
tions next preceding shall be recoverable with costs on
summary conviction on the evidence of one credible witness
before any judge of the Supreme Court or justice of the
peace, who shall on payment of such penalty and costs pay
the informer his share thereof ; and in case of non-payment
of the penalty and costs immediately after conviction the
convicting judge or justice of the peace may in his discre-
tion levy the same by distresss and sale or may commit the
person who is so convicted and makes default to any com-
mon jail or house of correction or lock-up house for a term
not exceeding six months with or without hard labour,
unless the said penalty and costs are sooner paid ; and upon
conviction for a subsequent offence the offender shall be
liable to a penalty not exceeding $400 and not less than
$200, payable and recoverable as in this section provided
and, in the discretion of the convicting judge or justice of
the peace, to imprisonment with or without hard labour in
any common jail or house of correction or lock-up house
for a further term not exceeding six months.



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NORTH- WEST TERRITORIES ACT xlix

lOOm No seizure, prosecution, conviction or commitment Conviction,
under this Act shall be invalid for want of form, so long as fi^ifd for
the same is according to the true intent and meaning of this want of form.
Act.

SALE OF ARMS AND AMMUNITION.
lOl. In this section— interpretation

(a.) The expression ** improved arm " means and includes "improved
all arms except smooth bore shot guns ; *""•

(6.) The expression ** ammunition " means fixed ammu- "Ammuni-
nition or ball cartridge. **°""

(2.) Every person who, in the Territories, —

(a.) Without the permission in writing (the proof of Supplying
which shall be on him) of the Lieutenant Governor, or of a *""« *".^.

. . 'j 1 -I . . . -I . . ammunition

commissioner appointed by him to give such permission, without a
has in his possession or sells, exchanges, trades, barters or p®'''"^''-
gives to, or with any person, any improved arm or ammu-
nition, or —

(6.) Having such permission, sells, exchanges, trades, Or to
barters or ffives any such arm or ammunition to any person ^^n*J,^*^***^
not lawfully authorized to possess the same —

shall on summary conviction before a judge of the Supreme To be offences,
Court or two justices of the peace, be liable to a penalty ^^^^j^^^j^
not exceeding $200, or to imprisonment for any term not ^^^^ *
exceeding six months, or to both.

(3.) All arms and ammunition which are in the posses- Search for and
sion of any person, or which are sold, exchanged, traded, ^"^^^^
bartered or given to or with any person in violation of this ammunition
section, shafl be forfeited to the Crown, and may be seized ^HiS^JSiSa
by any constable or other peace oflBLcer ; and any judge of
the Supreme Court or justice of the peace may issue a
search warrant to search for and seize the same, as in the
case of stolen goods.

(4.) The Governor in Council may, from time to time, Beguiations
make regulations respecting- m Omndi^'

(a.) The granting of permission to sell, exchange, trade, PermitB^for
barter, give or possess arms or ammunition ; arms, etc.

(6.) The fees to be taken in respect thereof ; ^eea.

(e.) The returns to be made respecting permissions Retuma.
granted; and—

(d.) The disposition to be made of forfeited arms and am- Dispowtion.
munition.

(5.) The provisions of this section respecting the posses- Provino.
sion of arms and ammunition shall not apply to any ofGlcer
or man of Her Majesty's forces, of the Militia force, or of
the North-West Mounted Police force.

(6.) The Governor in Council may, from time to time. Section may
declare by proclamation that upon and after a day therein -J^f^^^at*"^
named this section shall be in force in the Territories, or in any place in
any place or places therein in such proclamatinn desig- n. wt.
nated ; and upon and after such day, but not before, the
o.



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CONSOLIDATED ORDINANCES



And

proclamation
may be
revoked.



To be

judicially

noticed.



provisions of this section shall take effect and be in force
accordingly.

(Y.) The Grovernor in Council may in like manner, from
time to time, declare this section to be no longer in force
in any such place or places, and may again, from time to
time, declare it to be in force therein.

(8.) All courts, judges and justices of the peace shall take
judicial notice of any such proclamation.



APPEALS FROM JUSTICES OF THE PEACE.

Court of lOSJ. The court of appeal from convictions and orders of

*uit^8^('^"theJ^'^*^^^^ ^^^^^ P^^^ in the Territories shall be a judge of
{"•l^r^ ** ^ the Supreme Court sitting without a jury ; and the clerk of
the peace or other proper officer mentioned in the Act
respecting summary proceedings before justices of the peace
shall in the Territories mean the clerk of the Supreme
Court of the judicial district within which such conviction
takes place or such order is made.



LUNATICS.



Removal of
lunatics in
custody, by
order of Lt.
Governor.



Removal of
lunatics
confined
before date
specified.



Recapture
of lunatics
escajnng from
confinement.



108* Whenever under any law or Ordinance in force in
the Territories, any insane person is kept in custody until
the pleasure of the Lieutenant Grovernor is known or until
such person is discharged by law, the Lieutenant G-ovemor
may cause such person to be removed to and confined in
any asylum or place of confinement from time to time
designated for that purpose by the Governor in Council,
and the superintendent or warden of such asylum or place
of confinement shall receive such person and detain him
therein until the pleasure of the Lieutenant G-ovemor is
known or until such person is discharged by law.

(2.) The Lieutenant Governor of the Province of Manitoba
may cause any insane person who came from the Territories
and who was confined in a temporary lunatic asylum on
the twentieth day of July, one thousand eight hundried
and eighty-five, to be removed to the Manitoba lunatic
asylum ; and the superintendent of the said asylum or the
superintendent of such temporary lunatic asylum, as the
case may be, shall detain every such person committed to
his keeping until the pleasure of the Lieutenant Governor
is known, or until such person is discharged by law.

104. If any insane person confined in such asylum or
place of confinement under this Act, escapes therefrom,
any of the oflScers or servants thereof or any other person or
persons at the request of such oflScers or servants or any of
them, may within forty-eight hours after such escape if no
warrant has been issued and within one month after such
escape if a warrant in the form in the schedule to this Act



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NOBTH-WE8T TERRITORIES ACT li

has been issued by the superintendent or warden of such
asylum or place of confinement in that behalf, retake such
escaped person and return him thereto ; and he shall remain
in custody therein under the authority by virtue of which
he was detained prior to such escape.

105. The Minister of the Interior may, subject to the Manitoba to
approval of the Governor in Council, make such arrange- ^r^^of ^^
ments with the Lieutenant Grovernor of Manitoba as seem |j»*^^^'^"»
reasonable as to the compensation to be made by Canada to * ' *
that Province for the care and maintenance of persons
detained in the Manitoba lunatic asylum or in such tem-
porary asylum as aforesaid.

{Section 106 is placed under headinfi; " The Lieutenant
Governor y

ROAD ALLOWANCES.

lOT. All road allowances in townships now or hereafter Control of
surveyed and subdivided in the Territories and all road ^wances.
allowances set out on block lines now or hereafter surveyed
in the Territories, ,the plans of survey whereof have been
duly approved, shall be subject to the direction, manage-
ment and control of the Lieutenant Grovernor in Council
for the public use of the Territories, subject to any Ordi-
nance made or to be made with respect thereto. 60-61
Vic, c. 28, s. 18.

lO^. On the Minister of the Iirterior receiving notice Survey and
from the Lieutenant Governor in Council of any particular ^^in'r^s.
thoroughfare or public travelled road or trail in the Terri-
tories which existed as such prior to the subdivision of the
land into sections and which it is desired to have transfer-
red to the Territories, the Grovernor in Council may pass an
order authorizing the survey of such road or trail by a
Dominion land surveyor, such survey to be made under
instructions from the Lieutenant G-overnor in accordance
with a manual of instructions regarding the manner of
making such surveys approved by the Surveyor General of
Dominion lands ; and upon approval of the returns of such
survey by the Surveyor General one copy thereof shall be
filed in the Department of the Interior and one in the Land
Titles Office for the district within which such road or trail
is situated ; and such road or trail may then be transferred
by the Governor in Council for the use of the Territories
subject to any rights which may have been acquired under
letters patent issued previous to such transfer.

(2.) The width of such road or trail shall be one chain or
sixty-six feet ; and in making the survey the surveyor shall
make such changes in the location of the road or trail as
he finds necessary for improving it, without however alter-
ing its main direction. 60-61 Vic, c. 28, s. 19.



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CONSOLIDATED ORDINANCES



Closing up old
roads, etc.



Survey of
new roads.



(ftt*) Subject to any Ordinances made with respect
thereto, the Lieutenant G-overnor in Council may close up
any road allowance or trail which has been transferred to
the Territories or vary its direction, and may open and
establish any new highway instead thereof, and may deal
with the land in any road allowance, public travelled road
or trail so closed as he sees fit. 60-61 Vic. c. 28, s. 20.

(2.) Notwithstanding section six of chapter fifteen of the
statutes of 1892 any action heretofore taken by the Lieu-
tenant Governor in the manner provided in subsection one
of this section with respect to roads or trails, with the con-



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 5 of 77)