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

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actions for insurance money to be consolidated ; parties 388

other modes of, ordinance not to restrict 38^

Interpretation 383

Investment by trubtee, executor or guardian 386

" Maturity of the contract," interpretation 383

** Maturity of the policy," interpretation 383

Ordinance not to restrict other modes of insurance or assignment 388

Parties in actions for insurance money 388

Payment of insurance money free from claims of creditors of insured 385

to trustees discharges company 385

into court by company admitting claim 386

by company admitting claim,— under judge's order 386

out of court of money voluntarily paid in by company, costs of 386

Pledge of policy prior to declaration 383

Policy. See Insurance.

Profits subject to direction of insured 387

Surrender or assignment of policy 384-887

persons entitled in succession 389

of policy for paid up policy 387

Trustee, appointement of and investment by 385

payment to, discharges company 385

failing appointment of, shares of infants may by paid to executor or guardian 385

failing appoint#^ment of trustee, executor or guardian, company admitting claim

may pay money into court 386

company to be notified of appointment or revocation of appointment of 388

Interest, Distress for

Limitation of rights of, and sale 321

Interpretation and form of Ordinances.

*' Affirmation " included in "oath " in certain cases 5

Amendment, in same session 3

not to involve declaration as to previous law 7

Application of ordinance 2

where inconsistent with other ordinances 2

A ppointment, iK)wer of, includes power to remove 6

Arbor day 4

Assent of commissioner, indorsation 2

reserxation of 2

Authentication of ordinances 10

Bodies corporate, general powers and obligations 6

Bylaws, rules, etc., power to make includes jx)wer to revoke 6

Certified copies of ordinances 10

fee on 10

Certificate if ordinance disallowed 10

Citation of ordinances 1

Commencement of ordinances ... 2

"Commissioner" 3

Commissioner in council S

Consolidated ordinances, citation 1

Construction, so as to effectuate true intent . . . 9

reserving power to re{)eal etc 7

to be deemed remedial 9

of this ordinance 10

Cori)orationH, general i)Owers and obligations 6



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INDEX 679

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Page.
Interpretation and form of Ordinances— Continued.

** Crown, The " meaning 3

" Declaration," included in oath in certain cases 5

Disallowed ordinances, certificate on copies issued by Territorial Secretary 10

Duties, penalties, etc., belong to Crown 8

Enacting words 2

Enactment, form of 2

Enforcement of ordinances, proceedings for ; 8

Evidence of ordinances , 9

* ' Felony " 5

Forfeitures, recovery where no other mode provided 8

belong to Crown unless other provision 8

Form of enacting 2

Ordinances 2

Forms, slight deviations from 6

"Gazette" 4

Gender and number 4

** Government," *' Government of the Territories " . . 3

"Herein" 3

"His Majesty" 3

" Holiday " 4

time expiring on 4

Imprisonment, place of, under ordinances 5

Intent, true, to be effectuated 9

"Justice" 5

jurisdiction local 5

" King "The 3

Law always speaking 3

"Magistrate" 5

jurisdiction local 5

Majority may do act for several 6

" May " permissive 3

Meredian, the 135° standard time 4

"Misdemeanour" 5

"Month" 4

Name commonly applied to place, official, etc 4

" Next " * 4

"Now" 4

Number and gender 4

" Oath," what included in 5

Oaths, persons authorised to administer ahd certify 5

Officers, See Public Officers

" Official Gazette " 4

Ordinances, authentication of copies. . 10

certified copies 10

certificate if disallowed 10

citation *. . 1

custody of 10

deemed public 9

remedial *•>

■ form of 2

not in force at once, proceedings under

record of 10

Penalties or forfeitures, procedure for recovery. B

where no other mode provided 8

belong to Crown unless other provision 8

"Person" 4

Power to act includes necessary incidental i)Owers 5

Preamble, effect of -^

Private ordinances, effect of limited 7



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680 CONSOLIDATED OBDINANCES

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Interpretation and form of Ordinances— Continued.



Page



Proceedings under ordinances before coming into force 9

*' Proclamation " , 4

to be by order of commissioner 4

Public ordinances, all ordinances demand tobe 9

Public moneys, mode of expenditure if not otherwise provided 6

Pyblic officers or functionaries.

directions or lowers to, include successors and deputies 6

hold office during pleasure

local jurisdiction of 5

power to ap|3oint includes power to remove 6

Punishment of offences, procedure 8

Keferences to sections, inclusive of both 9

mean printed ordinances 9

Repeal in same session 3

of repealing ordinance 7

not invx)lve declaration as to previous law 7

other provisions substituted, officers and proceedings continued 7

bylaws, etc., continu€?d 7

references extend to substituted provisions 7

vested rights or pending actions not affected 8

offences committed or forfeitures incurred prior to 7

Rules and ordei^, power to make includes power to revoke 6

** Security " 5

" Shall," imperative 3

Short title 1

" Standard time " 4

" Summary conviction, on " 8

Sunday, time limited expiring en 4

"Sureties" 5

*' Sworn " Includes " affirmed " or " declared " * 5

Territorial secretary to have custody of Ordinances 10

authentication by, of duplicates 10

*' Territory " 3

Time expiring on Sunday or holiday 4

of commencement of Ordinances 2

standard . . 4

** United Kingdom " 3

** United States " 3

"Writing"** Written" 4

"Year" 4

Yukon government 3

Yukon Territory 3

Intoxicatingr Liquors 595, 603

See Liquor License.

Investigration of accidents by fire 327

See Accidents by fire, Investi^ratioji of

Joint Stock Companies 465

See Companies, Joint Stock

Foreign 482

See Companies, Foreigrn-

Mining 486

See Companies, Mining.

Changing names of 481

See Companies, Chanfiringr Names of



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Judicature.

Abatement.



INDEX 681

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Page.



See Change of parties .

certificate to be given by solicitor 159

none where cause of action continues 157

by expiry of writ or process , 250

Accountants, judsre may obtain assistance of 241

Accounts, actions for 189

reference compulsorily 189

affidavit to verify 189

alterations, in verified 189

books of, when prima facie evidence 189

delay in taking, proceedings on '. ; 190

directions to take 189

numbering 190

s|)ecial 189

disputed items only to be brought before judge 189

exhibit to affidavit, to be made 189

just allowances, in taking 190

mode of taking, special directions as to* 189

numbered consecutively, items in, must be 189

originating summons for 239

receivers. ' See Receiver 225

surcharge, notice of intention to 189

taking, mode of 189

undue delay in taking 190

verification of 189

vouching, mode of 189

Action against public oflftcers, limitation 249

notice of 249

commencement of 142

entry of, in what district 13<3

meaning of term 135

Address for service, defendants, on apparance 160

omission of 160

illusory or fictitious, service in case of 160

plaintiflF's, to appear on writ 144

omission of 144

Address of defendant to accompany apjiearance 160

plaintiff and advocate to be indorsed on writ 144

Administration, accounts of administrators to be filed 264

application to pass 239 264

originating summons for 240

administrator, by 153

actions for, conduct of 153

default of appearance in 163

originating summons, by 239

parties to 152 153

service out of jurisdiction in 147

advertisement for claims 241 262

ancillary grant of 261

application to i)a88 accounts ... 239 264

attendance of administrators on claim against estate in administration, pro-
ceedings m 154

citations, sumnionses and notices 262

claims, notices to send in 262

verification of 2t33

securities to be valued . . 263

costs 255 265

creditors' claims in, who to appear on 154



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682 CONSOLIDATED ORDlNiNCES

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Page.



Judicature— Con tinued .

Administration — Concluded,

and others, order to send in claims 262

heirs, etc., unascertained or absent 152

judgment for at instance of executor, administrator or trustee 15S

legatee or person interested in land 152

residuary devisee or heir 152

residuary legatee or next of kin 152

notice of, form 15^

service of 154

effect of 165

memo, of 153

legal personal representatives, only, to appear on claims against estate in 154

originating summons for 239

determination of matters relating to 239-

parties in, representation of 154

parties to actions for 162

personal representative, appointment of other person instead of 261

probate. See Probate . 261

public administrator, administrator ad litem 262

guardian, ad litem 264

infant, actions against, service on originating simimons,

by, as creditor 26*

remuneration of , 265

representation of parties in 154

Administration, representation of estate pending grant 262

security by administrators 261

proceeding on 261

waste, proceeding to restrain pending grant 262

Administrators, See Administration.

administration at suit of 153

attendance of on claim against estate in administration 154

costs of and compensation to 246 265

opinion, advice or direction of judge, application for 242

originating summons by 239

Admissions, amendment of 18H

case of other party, of, notice of 187

costs of proving what ought to be admitted 187

occasioned by refusiil to admit documents 187

denial not Hi)ecific, where 166^

documents, of 187

party may be required to make 187

notice for 187

costs of unnecessary 187

verification of signature of * ' ' 188

effect of limited to immediate purjjose 188

evidence ol 188

facts, of, notice to make 187

time for 187

notice of 187

party may call on other i)arty to niake 187

pleadings, on the 187

refusal of 187

eflfcct of on costs 187

verification of signature to 188

judgment on 188

application for 188

notice in writing of 187

payment into court, by 168

pleading, by 187



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INDEX 683

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Page.
Judicature— Ckmtintied.

Admirsions. amendment of — Concluded,

insufficient denial in 166

persons under disability, exception 16ft

signature to, affidavit of 188

service of, by solicitors 148

subsequent proceedings, effect of , on , 188

Time for 187 188

withdrawal of 188

Advertisement, citations, summons, and notices of 262

creditors and claimants, for 241

for to send in claims 262

excluded from benefit of judgment on failure to prove after 241

originating summons, notice of, by 240

signature of 241

substituted service by 146

Adviser legal, questions as to validity of ordinances, pleadings, etc., to be served on 165

entitled to be heard on argument 155

u4?iVi« writs, issue of 2cO

Appeal, court en banc, to. See court en banc 242

taxation of costs, from 248

sheriff's costs, from 215

Affidavits, accounts, verifying 189 20^

address of deponent in 201

arffimation included in term 136

alteratious in 202

answer, in 202

application for summary judgment on 164

attachment of debts, for . . . . 217

goods for , 226

belief, when it may be stated in 200

blind persons, by 201

chaml)er8, in 199

previously used 200

commencement of 202

contents of 200

copies, certified, may be used , 202

costs of improper matter in 200

infonnal 200

cross examination on 198 199

defective, judge may receive: 201

deponents by two or morey# 201

description and address of 201

to be stated in 20^

signed by, to be 201

documents of. See Discovery 180

erasures in 202

evidence may be given by, when 199

by order 194

under agreement. . 194

exhibits to 202

certificate upon 203

facts to be deposed to by 200

filed bef ' >re issue joined not to be used at trial without notice 198

filing of 201

time for 201

after 201

form of 200

illiterate persons, by 201

information and belief on 2C0



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684 CONSOLIDATED ORDINANCES

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P*ge.
Judicature— Continued.

Affidavits, accounts, verifying — Concluded.

interlineations in 201

interlocutory motions on 19&-2IX»

interpleader 220

jurat to, form, in case of blind or illiterate person 201

knowledge, not belief, to be sworn to except on interlocutory motions 200

Affidavits, motion, evidence on, by 199

paragraphs in, to be numbered 200

l)articular fact at trial ordered to be proved by 194

reply, in 202

scandal in, striking out 201

costs of application for 201

served, to be, when 164-236

service, of, contents of 202

to be filed, when 161

writ and claim to be marked exhibits 146

service out of jurisdiction, on application for leave for 147

swearing of, before whom 200

abroad, before whom 20O

before whom not to be taken 202

time and place to be expressed 200

title of 199

Amendment appeal, on 244

of notice of 244

application for leave for 179

clerical mistakes 180

costs of, generally 180

counterclaim, of 179

disallowance of improper 179

failure to make after order 179

general power to amend 180

judgments, of 180

leave, by 178

without 179

notice of appeal, of 244

order giving leave for 179

not to be drawn up 237

orders, of 180

parties, as to 149

l)leading8 of j%.

ap|>eal on 244

counterclaim, without leave 179

costs of . . . . ; . 180

dates of order and of 180

defendant, by 179

delivery, on 180

disallowance of 179

leave, by, at any stiige, on terms 178

plaintiff may iijuke once without leave 179

pleading after 179

statement of claim without leave 179

striking out 179

time for 179

ix)wers of 178-180

proceedings, defect in 180

tenu8, on 180

third i)arty, procedure in 156



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INDEX 685

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Page.
Judicature— Continued.

Appearance action for recovery of land, in, as landlord 160

I>erson in possession 160

addresses to be given with 160

default of. See Default of appearance 161-164

defendant, entry by 159-161

time for : 142

several, some appearing, others not 16^

several, some served, others not 163

landlord not named in writ, by 160

partners, by. See Partners 151

person, not a party by 160

served with notice of judgment by 153

protest, under 162

recovery of lands, in actions for 160

by person not party 160

limiting defence, notice of. 161

service, setting aside, before 161

several defendants, some appearing, others not 162

served others not 163

striking out. See Summary judgment 164

third party, by. See third party 155

time for, to writ of summons 142

may be shortened 143

for service out of jurisdiction 148

writ, setting aside, before 161

Arrest of defendant 220-222

about to leave territory owing $100 220

defendant may be committed to jail 221

imprisonment not to discharge debt 222

order for arrest 220

security may be required before 220

to be dated day of signing 220

good for 12 months .... 220

copy sufficient for making arrest v 220

special order 221

may be dismissed 221

officer to arrest within time specified. 221

plaintiff to show cause 221

" Plaintiff ". ** Defendant " interpretation 222

Assignment. See change of parties 157

estate, pendente lite, of 157

carrying on proceedings after . . 157

Attachment of debts 217-220

affidavit for 217

application to set aside 217

costs, liability of garnishee . . ." 2l9

defendant.... 219

of garnishee, payment of 21S

delay by plaintiff 211^

execution against garnishee 21^

stayed till debt due by garnishee 219

exemptions from 219

garnishee summons, when issuable 217

affidavit for 217

default by 2ia

dispute by 218

issue as to indebtedness of 218

discharge by payment or levy * 21^



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686 CONSOLIDATED ORDINANCES

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Page
Judicature— Continued.

Attachment of debts— Concluded.

judgment against garnishee 218

Government, gai nishroent against 218

service on 218

payment out of mone^ s paid in by garnishee 217

service of summons, effect of 217

manner of 217

on defendant 217

setting aside 217

for non prosecution 219

suggention of claim by third party 219

third party, claim by 219

procedure on 219

Attachment of goods.

affidavits for writ .. . .•. 226

cases where issuable 226

delay by plaintiff 227

exemptions where no family remaining 226

perishable goods, di8i)osal of 227

plaintiff to give security in certain cases 227

return of goods on security furnished 22r

service of writ 236

security to be given by plaintiff, when 227

release of goods when given by defendant 227

setting aside 2&*

sheriff, return and inventory of 227

duty of 227

subsequent pr jceeding^s 227

Audita qutrclay abolished 210

Award, motions to enforce or remit, requirements 2:Ci

Bailiff, term included in *' sheriff " 13t»

Bill of exchange.

joinder of parties to as defendants 149

loss of, defence of not permitted when indemnity offered lt>8

Cash under control of court. See funds in court.

Cause, conduct of, judge may give, when 154

meaning of term 135

Cause of action, joinder of lo«*

Cestuits que trusUj claims by, against trustee, not barred by statute of limitations 139

execution of trust, anyone may have judgment for ir>3

Chambers, proceedings in 238

adjournment of summons, further summons unnecessary 2:>9

clerk to attend sittings in 140

costs thrown away by non-attendance 238

default in nttendance, proceeding ex parte 238

IX parti i>roceediiig8 where party fails to attend 238

reconsideration of 238

terms 238

judge may require notice to be given 239

judge in, may declare himself in court 137

motions. See motions and applications 235

orders, date of -. 237

need not l>e drawn up, when 237

varying 242

originating summous, by. See originating summons 237

proceeding failing by non-attendance of party, costs 238

svunmons in, time for service 238

Change of solicitor 144



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INDEX 687

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Page.
Judicature— Continued.

Change of parties.

Bolicitor fo^ plaintiff to certify 159

assignment, creation or devolution of estate pendente lite 157

capacity of party, change of . 158

cause of action, surviving or continuing 158

death of parties 157-159

failure to proceed on 158

marriage of party 157

order to carry on proceedings 158

application for ca* parte 158

service of 158

appearance by person served 158

effect to 158

discharging or varying 158

when person not under disability 158

when person under disability . . 158

default of application for 159

persons interested coming into existence after action 158

successor made party on 158

Chose in actioiiy interpleader regarding 139

vesting, order for 137

Class representation of, in suit 150

respresentation of unascertained 152

Clear days, how reckoned 251

Clerks of court 140-282

See Clerks and Deputy Clerks.

absence of, provision for 141

accounts to be kept by 141

books to be kept by 141

open to public 141

duties of 140

office hours 140

vacancy in office, disposition of books, etc 141

who included in term 136

Common law, equity to prevail where variance 140

Concurrent writ. See Writ of summons 143

Conduct of proceedings, judge may give to party, when 153

Confession of defence 172

Consignee, term included in Receiver 135

Constitutional questions, notice to be g^ven legal adviser where Ordinances questioned. . . . 155

legal adviser entitled to be heard on 155

Contract, alternative, pleading 168

construction of 139

l>art performance when satisfaction 139

stipulations in, construction 139

Contribution or indemnity 155

defendant claiming against third party 156

defendant 157

Coroner, term included in Sheriff 136

Corporations, service of writ on 145

Costs.

administration, etc 255

clerks fees 248

copy tariff to be posted 248

lunacy matters, in 255

court en banCy fees to clerk and counsel 249

discovery, of examination for 187

discretion of court as to 246

vent, follow, where trial by jury 246



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INDEX 689

The figures refer to the top paging.

Page.
Judicature —Continued.

Co8t«, Court en bafw— Concluded,

security for, when required 243

default in entry of appeals, etc 246

entry of appeals, etc., to be made promptly 246

evidence, further, on appeal 244

when question of fact involved 245

interlocutory orders not to prejudice appeal 245

judge, to whom application should be made, becoming unable to act, -procedure 245

judgment of, delivery by one judge 246

jurisdiction in appeal 245

new trial, may be asked alternatively 243

in case of subtantial miscarriage 244

on any one question 244

notice of appeal, amendment of.. 244

contents 243

time for service 243

service on whom ^ 244

security for costs, when ordered 243

for judgment pending appeal 245

stay of proceeding appeal 245

notice of appeal not a stay 245

Creditors.

administration action by 239

advertisements for •.-. - 241

claims in chambers by 241

omission to file claim in time, exclusion 241

Cross examination, see affidavit, trial.

Damages, ascertainment of, default of appearance in 162

assessment of, continuing cause of action 190

default of appearance in action for 162

defence to action for 167

injunction, in lieu of 140

inquiry as to 190

pleading as to 167

reference to officer of court to ascertain 190

specific performance, in lieu of 140

Death of parties, see change of parties 157

• action not to abate on 157

after verdict, entry of judgment 157

Default of appearance.

affidavit of service to be filed before proceeding on 161

defendants, several, some served others not 162

defendants, several, some appearing others not li;2

hearing, at 193

infant or person of unsound mind, by 161

* judgment upon, administration or partition action in 103

damages, in case of claim for 162

and liquidated demand 163

mode of ascertaining 190

defendants not served, where some 163

detention of goods, claim for 162-163

land, recovery of, in action for. 163

and damages 163

and metne profits 163

liquidated demand, in case of claim for. . . 163

several defendants

default by some. . . 162

mortgage, lien or charge, in actions resjiecting 163



44 — ^Y. o.



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INDEX 691

4

The figures refer to the top paging.

Page.
Judicature—Continued.

Ooete, Deputy Qherift—ConducUcL

ordinance respecting 288

See Sherifte.

Defence. >See plHuding

amendment 178, 18o

confession of 172

judgment for costs on ' 172

contents of 165

counterclaim by way of 166

See Gk>unterolaim.

equitable 138

damages, pleading to claim for 167

delivery of 159

default in 174, 175, 176

time for 160

filing, time for '. 160

further and better 166

leave to put in under order X 165

limiting in action for recovery of land 160

matter arising pending the action 172

part of claim only, to 175

particulars of 166

payment into court before and with 168-169

pleading, rules of 165, 166, 167, 168

service of 160

statement of, contents 165

striking out 168-173

for non-compliance with order for discovery, etc 182

tender before action, of 169

time for delivery of 160

enlargement of 160, 251

withdrawal of 178

Discontinuance, costs of action on . . 178

counterclaim may be procenled with after 166

defence, before 177

defendant by, by leave 178

entry for trial, after 178

judgment for costs on 178

leave of court for 178

notice of 178

order of judge, by 178

plaintiff by 178

stay of new action brought before payment of costs of discontinued action . . . 178

subsequent action, when no defence to. 178

taxation of costs on. 178

terms for withdrawal of defence 178

withdrawal by consent 178

of defence 178

XHscovery, examinations for appeal froni order of examiner 185

appointment for, issue of 183

non-attendance on 185

service of . 183

bodies corporate, otficers of 183

certified copies of depositions ^ 184

comijelling attendance for 183

conduct money to be paid 183



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 71 of 77)