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C. 0.



Repeal:
Existing
rights ;
reserved



Enforcement
of Ordinances



Application
of fines, etc.



Recovery of
penalties in
unprovided
cases



Repeal :
Penalties and
forfeitures not
affected



Provided always that where there is no provision in the
substituted Ordinance or enactment relating to the same
subject matter, the repealed Ordinance or enactment shall
stand good and be read and construed as unrepealed in so
far (but in so far only) as is necessary to support, maintain
or give effect to such unrepealed Ordinance or such rule,
order or regulation made thereunder ;

47. The repeal of an Ordinance or the revocation of a
regulation at any time shall not affect any act done or any
right or right of action existing, accruing, accrued or estab-
lished or any proceedings commenced in a civil cause before
the time when such repeal or revocation takes effect ; but
the proceedings in such case shall be conformable when
necessary to the repealing Ordinance or regulation ;

48. Unless otherwise therein specially provided, proceed-
ings for the imposition of punishment by fine, penalty or
imprisonment for enforcing any Territorial Ordinance or
municipal by-law may be brought summarily before a
justice of the peace under the provisions of part LVIII of
The Criminal Code 1892 ; and the words '* on summary con-
viction " whenever they occur in any Ordinance shall refer
to and mean under and by virtue of part LVIII aforesaid ;

49. Any duty, penalty, fine or sum of money or the pro-
ceeds of any forfeiture under any law of the Territory shall
(if no other provision is made respecting it) belong to the
Crown for the public uses of the Territory and form part of
the general revenue fund of the Territory ;

50. Where a pecuniary penalty or a forfeiture is imposed
for the contravention of any Ordinance then (if the provisions
of part LVIII of the Criminal Code 1892 are not applicable to
the case and if no other mode is prescribed for the recovery
of such penalty or forfeiture or if the mode prescribed is not
applicable to the case) the penalty or forfeiture shall be
recoverable with costs by civil action or proceeding at the
suit of the Legal Adviser or of a private party suing as well
for the Crown as himself in the Territorial Court ; if no
other provision is made for the appropriation of the penalty
or forfeiture one-half thereof shall belong to the Grovern-
ment of the Territory and the other half shall belong to the
private plaintiff if there is any, and if there is none the
whole shall belong to the Crown ;

51. No offence committed atd no penalty or forfeiture
incurred and no proceeding pending under any Ordinance
at any time repealed or under any regulation at any time
revoked shall be affected by the repeal or revocation, except
that the proceeding shall be conformable when necessary
to the repealing Ordinance or regulation ; and whenever
any penalty, forfeiture or punishment is mitigated by any
of the provisions of the repealing Ordinance or regulation,
such provisions shall be extended and applied to any judg-
ment to be pronounced after such repeal or revocation ;



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1902 INTERPRETATION Cap. 1 9

62. Every Ordinance shall (unless by express provision Ordinances
it is declared to be a private Ordinance) be deemed to be a ^^^^'^
public Ordinance and shall be judicially noticed by all Judicial
judges, justices of the peace and others ; ^^^^^^

53. Every copy of any Ordinance (public or priv^ate) Printed copies
printed by authority of law shall be evidence of such ""^ ^'^'''^^^'
Ordinance and of its contents: and every copy purporting

to be so printed shall be deemed to be so printed unless the
contrary is shown ;

54. A copy of any regulation or Order of the Commis- Evidence of
sioner printed by the Yukon Official Gazette or a written coundi^'*
copy thereof attested by the signature of the Territorial
Secretary shall be evidence of such regulation or Order.

56. The preamble of every Ordinance shall be deemed a Construction
part thereof intended to assist in explaining the purport and ^ ^ ^^^ances
object of the Ordinance ; and every Ordinance and every
provision or enactment thereof shall be deemed remedial
(whether its immediate purport is to direct the doing of any

thing which the Council deems to be for the public good or
to prevent or punish the doing of any thing which it deems
contrary to the public good) and shall accordingly receive
such fair, large and liberal construction and interpretation
as will best insure the attainment of the object of the Ordin-
ance and of such provision or enactment according to its
true intent^ meaning and spirit ;

5(5 Where reference is made in any Ordinance by number Reference to
to two or more sections, subsections, clauses or paragraphs sections
of any Ordinance or Statute, the number first mentioned
and the number last mentioned shall both be deemed to be
included in the reference ;

57. Reference by number to any section, subsection, para- Reference
graph, clause or line of any other Ordinance shall be deemed ^y »«mber.
to be a reference to such section, subsection,paragraph, clause

or line of such other Ordinance as printed by authority of
law;

58^ Where an Ordinance is not to come into operation Proceedings
immediately on the passing thereof and confers power to q^^^^^j^
hold any election, to make any appointment, to make, grant preliminary to
or issue any instrument. Order in Council, order, warrant, ^^^^ ^"^
scheme, letters patent, rules, regulations or by-laws, to give
notices, to prescribe forms or to do any other thing for the pur-
poses of the Ordinance, that power may (unless the contrary
intention appears) be exercised at any time after the passing
of the Ordinance so far as may be necessary or expedient for
the purpose of bringing the Ordinance into operation at the
date of the commencement thereof, subject to this restriction
that any such instrument, Order in Council, order, warrant,
scheme, letters patent, rules, regulations or by-laws shall
not (unless a contrary intention appears in the Ordinance
or the contrary is necessary for bringing the Ordinance into
operation) come into operation until the Ordinance comes
into operation ;



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10



Cap, 1



CONSOLIDATED ORDINANCES



c. o.



General rules 59. Nothing in this section shall exclude the application
tion!*"^'^^ to any Ordinance of any rule of construction applicable

thereto and not inconsistent with this section. N. W. T.

c. 1, s 8.

CUSTODY OF ORDINANCES.

Ordinances to •• All Ordinances heretofore passed, now passed and here-
beof record after to be passed shall be and continue to remain of record

in the custody of the Territorial Secretary. N. "W. T. c. 1,

s. 9.

CERTIFIED COPIES OF ORDINANCES.



Authenti-
cation of
copies



Certified
copies



Certificate



Disallowance



10. The Territorial Secretary shall affix the seal of the
Territory to certified copies of all Ordinances intended for
transmission to the Secretary of State or required to be pro-
duced before courts of justice and in any other case which
the Commissioner directs ; and such copies so certified
shall be held to be duplicate originals and also to be evid-
ence (as if printed, by lawful authority) of such Ordinances
and of their contents N. W. T. c. 1, s. 10.

11. The Territorial Secretary shall furnish a certified copy
of any Ordinance to any person applying for the game upon
receiving from such person such fee (not exceeding ten cents
for every hundred words) as the Commissioner from time
to lime directs. N. W. T. c. 1, s. 11.

12. The Territorial Secretary shall insert at the foot of
every such copy so required to be certified a written certifi-
cate duly signed and authenticated by him to the effect that
it is a true copy ; and, in case of any Ordinance disallowed
after it came into force, " but disallowed by the Governor
General in Council, which disallowance took effect on the

day of A.U. 19 ." N. W. T.^. 1,

s. 12.



CONSTRUCTION OF THIS ORDINANCE.



Interpre-
tation hereof



18. The provisions of this Ordinance sl^U apply to the
constrtlction thereof and to the words and expressions used
therein. N. W. T. c. 1, s. 14.



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1902 YUKON COUNCIL Cap. 2 11




TITLE IL

LEaiSLATURE AND GENERAL GOVERNMENT.



CHAPTER 2.



An Ordinance respecting the Council of the Yukon

Territory.

COUNCIL.

1. The elected members of the Yukon Council shall be Yukon ooun-
elected to represent the electoral districts set forth in Sche- ^^•

dule 1 appended to this Ordinance. No. 28 of 1902, s. 1.

^ VACATING OF SEATS.

2. Any elected member of the Yukon Council may Resignation
vacate his seat therein in the manner herein provided : ^^ members.

(1) He may openly in his place in Council declare his in House.
wish to vacate his seat as a Member ; and in such case the
Territorial Secretary shall record the same in the journals

and the seat of such Member shall forthwith be vacated ; or,

(2) He may deliver to the Commissioner of the Yukon To oommis-
Territory a statement in writing under his hand, attested ^^o'*®''-

by two witnesses, declaring his resignation of such seat ;
upon receipt whereof by the Commissioner (whether dur-
ing a session of the Council or not) the seat of such Mem-
ber shall become vacant. No. 28 of 1902, s. 2.

3. Upon any vacancy in the representation of any elec- Vacancy other
toral district created by death or in any way other than by ^^^^^ ^^^^
resignation, any two members of the Council may give

notice of the vacancy to the Commissioner. No. 28 of
1902, 8. 3.

4. The Commissioner npon receiving notice of the resig- issue of wTit
nation or death of any Member of the Council shall fix the ^^^^''^^^y-



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12



Cap. 2



CONSOLIDATED ORDINANCES



0. 0.



date for the election of a Member to fill such vacancy,
appoint a returning officer and direct the Territorial
Secretary to issue a writ under his hand and the seal of the
Territory to such Keturning Officer requiring him to hold
such election. No. 28 of 1902, s. 4.



Resignation
not allowed
pending elec-
tion petition.



Resignation
not to affect
proceedings.



5. No Member elected to the Council shall be permitted
to resign under the provisions of this Ordinance so long as
any proceedings are pending under any of the provisions
of the Ordinance respecting elections nor until he has been
finally declared elected. No. 28 of 1902, s. 5. '^"^ ! j,^;;,

6. The resignation of a Member shall in no way affect
the conduct or result of any proceedings taken under the
provisions of any Ordinance of the Territory respecting
controverted elections. No 28 of 1902, s. 6.



INDEMNITY TO MEMBERS.



Member's
indemnity.



How paid.



Travelling
expenseH.



T. The Commissioner shall pay to each elected Member
an allowance of one thousand two hundred dollars for each
year of service after election.

Provided always, that a deduction at the rate of twenty -
five dollars per day shall be made from such allowance for
every day on which a representative does not attend a
sitting of the Council, if the Council sits on such a day, or
of a committee of such Council, if such committee siis on
such dav and he is a member of such committee. No. 28 of
1902, s. 7.

^« Such allowance may be paid from time to time as
the representative becomes entitled to the same to the
extent of fifty dollars for each day's attendance as afore-
said, but the remainder shall not be paid until the close of
the year in respect of which the same is payable, when the
final payment shall be made. No. 28 of 19U2, s. 8.

O. There shall also be allowed to each member of the
said Council his actual travelling expenses from his place of
residence in attending sittings of the Council and of any
such committee as aforesaid and returning to such resi-
dence. No. 28, of 1902, 8. 9.



Council may 1^» The Couucil may by resolution waive any deduction
waive deduc- for nou-atteudance of any representative. No. 28 of 1902,
• s. 10.

EXAMINATION OF WITNESSES.

Attendance of H* The Couucil may at all times command and compel
witneHHeH. f}^Q attendance before the Council or before any committee



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1902 YUKON COUNCIL Cap. 2 18

thereof of such persons, papers and things as the Council
or committee may deem necessary for any of its proceed-
ings or deliberations. No. 28 of 1902, s. 11.

12« "Whenever the Council requires the attendance of clerk's war-
any person before the said Council or before a committee ^^^ ^^ ^^^'
thereof, the Clerk may issue his warrant directed to the ^^"**
person named in the order of the Council requiring the
attendance of such persons before the Council or a com-
mittee thereof and the production of such papers and
things as may be ordered. No. 28 of 1902, s 12.



OATH TO WITNESSES.

IS^ Any standing or select committee of the Council may Examination
require the facts, matters and things relating to the subject o^^ath.
of inquiry to be verified or otherwise ascertained by the
oral examination of witnesses and may examine such wit-
nesses upon oath, and for that purpose the chairman or
any other member of the committee may administer to any
witness an oath or affirmation in the form A in the Sched-
ule to this Ordinance. No. 28 of 1902, s. 13.



SCHEDULE I.

1. The Electoral District of Dawson shall consist of all Daw»on.
that portion of the Yukon Territory commencing at the
point of intersection of the eastern limit of the Yukon Ter-
ritory with the watershed dividing the Peel River and tri-
butaries from the Stewart River and its tributaries ; thence
westerly along said watershed to the head of the Klondike
River ; thence southerly and westerly along the centre of

the main channel of the Klondike River to its intersection
with the main channel of the Yukon River.; thence up
stream along the centre of the main channel of the Yukon
River to its intersection with the main channel of the "White
River ; thence up stream along the centre of the main chan-
nel of the "White River to its intersection with Meridian 141
degrees west ; thence north along said meridian to the
northern limit of the Territory ; thence easterly and south-
erly along the northern and eastern limits of the Territory
to the point of commencement, and such Electoral District
shall return two members.

2. The Electoral District of Klondike shall consist of all Klondike.
that portion of the Yukon Territory lying to the east of the

main channel of the Yukon River and to the north of the
watershed Sividing the Pelly River and its tributaries from
the Yukon River and its tributaries north of the Pelly River
and not included in Electoral District No. 1 hereinbefore



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14 Cap. 3 CONSOLIDATED ORDINANCES 0. O.

described, and such electoral district shall return two
members.
White Horse. 8. The Electoral District of White Horse shall consist of
all those portions of the Yukon Territory not included in
Electoral Districts Nos. 1 and 2 hereinbefore described, and
such electoral district shall return one member.



SCHEDULE 11.

Form A.

The evidence you shall give upon this examination shall
be the truth, the whole truth and nothing but the truth.
So help you, G-od.

Form B.

You do solemnly, sincerely and truthfully affirm that the
evidence you shall give on this examination ahall be the
truth, the whole truth and nothing but the truth. No. 28
of 1902.



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1902 ELH€?riON8 Cap. 3 15



CHAPTER 3.

An Ordinance respecting* Elections.



ISSUE OF WRIT.

!• Every writ for the election of a member of the Yukon Wnt, date of
Council shall be dated and shall be returnable on such day [u^.*^^ "*
as the Commissioner determines, and shall be issued by ihe
Territorial Secretary under his hand and the 'seal of the
Territory to such resident elector of the electoral district in
which the election is to be held as the Commissioner
appoints, and such person shall be the returning offirer at Returning
the election to which such writ relates. Provided always ^^.^^\ .
that if the person to whom the writ has been addressed bUity to^act*
refuses or is unable or not qualified to act, he shall (under
penalty hereinafter provided) forthwith after the receipt of
such writ, notify the Commissioner by the most speedy
means available of such refusal, inability or. want of
qualification, when the Commissioner may order another
writ to issue or may appoint some other resident elector as
returning officer who shall act under the writ already
issued. Provided, also, that no election shall be declared proviao.
void if the person to whom the writ is addressed acts there-
under as returning officer on the ground that such person
is not a resident elector of the district or is otherwise dis-
qualified to act as returning officer. No. 29 of 1902, s. JJ,

2. The Commissioner shall fix the day and locality f6r Day and place
the nomination of candidates at such election ; and the day ^^™^^^^j^
and locality so fixed shall be specified in the writ of elec- writ."*™ ^
tion for that electoral district. Provided always that in
the case of a general election the day so fixed shall be the a general
same in the case of every electoral district except that it ^L^^^elS^^
may be varied when rendered necessary under any other districts.
provision of this Ordinance. Provided further, that tht»re Fourteen days
shall be an interval of at least fourteen days between the to elapse be-
date of the writ and the day of nomination mentioned ^t^and nom-

therein. ination.

(2.) The writs of election shall be in Form A in Schedule Fonnof writ.
2 to this Ordinance and shall be transmitted by registered How to be
letter by the Territorial Secretary addressed to the respec- transmitted.
live returning officers, unless otherwise ordered by the
Commissioner. No. 29 of 1902, ss. 4 and 5.



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16



Cap. 3



CONSOLIDATED ORDINANCES



c. o.



EETURNING OFFICER.



Indorsement 3* The returning officer shall, on receiving the writ of
o^ reciept o election forthwith indorse thereon the date on which he
received the same and before taking any action under this
Ordinance, shall take before a Justice of the Peace or Com-
Oath of office, missiouer for taking affidavits, the oath of office set out in
form " A " in schedule 1 to this Ordinance, and shall forth-
with thereafter cause a certificate(form ** B '* in said schedule)
made by such Justice of the Peace or Commissioner, of the
said oath having been taken, to be filed with the Territorial
Secretary. No. 83 of 1902, s. 3.

To appoint an 4. The returning officer, by a warrant under his hand,
election clerk, j^ f^^^ - C " in Said Schedule 1, shall appoint an elec-
tion clerk,, and may, at any time, during the election,
appoint in the same manner, another election clerk, if the
one so appointed resigns or is unable to perform his duties
as such clerk. No. 33 of 1900, s. 4.



Duties of elec-
tion clerk.



Rear

of election

clerks acting

as returning

officer*.



Oath of elec-
tion clerk.



Penalties.



5. The election clerk shall assist the returning officer in
the performance of his duties, and act in his stead as return-
ing officer whenever the returning officer, after appointing
such election clerk refuses or is unable to perform his
duties.

(2.) AH the provisions of this Ordinance in regard to
returning officers shall apply to election clerks acting as
returning officers.

(3.) The returning officer or election clerk shall not act
as deputy returning officer or poll clerk in any polling
place. No. 33 of 1900, s. 5.

6. The election clerk before acting as such shall take the
oath of office in form " D " in said schedule 1 before the
returning officer or any person authorized to administer an
oath within the Territory ; and a certificate as in form " E "
in said schedule of his having taken such oath shall be
delivered to him by the person before whom such oath is
taken, which he shall cause to be forwarded to the Terri-
torial Secretary. No. 33 of 1900, s. 6.

T. The election clerk when acting for or in the stead of
the returning officer shall be subject to like penalties as
the returning officer for violating any of the provisions of
this Ordinance, but this shall not relieve the returning
officer from any penalties to which he may render himself
liable. No. 33 of 1900, S. 7.



POLLING DIVISIONS.



8. The returning officer shall with all reasonable speed
after receiving the writ of election, —



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1902 ELECTIONS Cap. 8 VI

(1) Fix upon and secure a suitable building in the BuUding for
locality in which the nomination is to be held for use as ^"stings.
a hustings ;

(2.) Subdivide the electoral district into as many polling PoUmgdivi-
divisions as he deems necessary for the convenience of elec- sion.
tors and number them consecutively and give to each a
distinctive name. Provided always that no such polling
division shall have a greater voting population than 200 ;
Provided further, however, that if a polling division should Proviso.
include a greater number of voters than 200 the fact shall
not be held to invalidate the poll held in that polling
division; nor shall it render the returning officer liable to
a penalty, unless it can be shown that one or more duly
qualified voters have been deprived of the opportunity to
vote by reason of such larger number of voters having been
included within the polling division.

(3.) Provide suitable and conveniently situated buildings Buildings for
for use as polling places. poUing place.

(4.) Procure or cause to be procured, as many boxes (here- Ballot boxes
inafter called ballot boxes) as there are polling places tobeprocured.
within the District.

(5.) The ballot boxes shall be made of some durable Ballot boxes
material, shall be provided with a lock and key and shall ^^^ "^*^®-
be so constructed that the ballot paper can be introduced
therein and not withdrawn therefrom unless the box
is unlocked.

(6.) The name and number of the polling place at which Name and
the ballot box is to be used shall be plainly painted, or""™^'^^^^
otherwise securely marked thereon, so that it may be easily to lion the
distinguished from the ballot box of any other polling ^*-
place.

(7.) If the returning officer fails to furnish ballot boxes in Penalty for
the manner herein provided, he shall incur a penalty of one [u^^Tsli^aUot
hundred dollars in respect of every ballot box which he has boxes.
failed to furnish in the manner prescribed. No. 33 of 1900,
8. 8 ; No. 29 of 1902, s. 8.

9. At least fourteen days before the day fixed for the Posting pro-
nomination of candidates, the returning officer shall provide ^lamation.
and cause to be posted up in some conspicuous place in the
immediate neighbourhood of each polling place a proclama-
tion in form *' F " in said schedule 1, in which proclamation
shall be set forth :

(a.) The time and place at which the nomination is to be
held;

(b.) The place or building to be actually used ;

(c.) The time allowed for the nomination by this Ordi-
nance ;

(d.) The date when the polls will be opened at the several
polling places, if a poll is required, and the time during
which such polls shall remain open ;

2— Y. o.



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18



Cap. 3



CONSOLIDATED ORDINANCES



C. 0.



(e.) The numbers and names of the places at which the
several polls shall be held. No. 88 of 1900, s. 9.

POSTPONEMENT OF NOMINATION.

Nominations 10« "Whenever, from unforeseen accident, delay or other-
pJmed^rre" "Wise, the proclamation cannot be posted up so as to leave
turning officer the required time before the posting up of the proclamation
and the nomination day, or whenever any candidate dies,
after being nominated, and before the close of the polls, the
returning officer shall fix another day for the nomination
of candidates, which day shall be the nearest day con-
veniently possible after allowing the number of days
required by section 9 of this Ordinance between the posting
up of the proclamation and nomination day, and in every
such case the returning officer shall proceed as directed in
said section 9, and shall, with his return, make to the
Territorial Secretarv a special and full report under oath
of the causes whicn occasioned the postponement of the
election. No. 38 of 1900, s. 10,



NOMINATIONS.



Time and



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 7 of 77)