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

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setting aside or varying 242

Ordinances validity questioned in action, notice to be g^ven legal adviser 155

Originating summons administration of estate of deceased and of trust, for 239

accounts, concerning 240

appearance to 237*

judgment upon 238

delivery of possession for. 234

determination of matters relating to express trusts and administration 239

evidence on . 240

executors, applications by 239

foreclosure fcr 234

form 2.'^7

hearing of may be advertised 240

issue of 237



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704 CONSOLIDATED ORDINANCES

The figures refer to the top paging.
Judicature— Continued.

Originating summouB— Concluded,

judgment upon 237» 240

special directions regarding 237,240

landlord, proceedings by 237

meaning of 135

mortgages resi^ecting. 234

possession, recovery of, by landlord for 237

mortgagor or mortgagee for 23*

proceedings which may be commenced by 237

public administrator, by 264

reconveyance, for 234

redemption for ^.. 234

return of, time for .- 237

sale under mortgage, for 234

sealed, to be 237

service of, manner 238

staj of proceedings, for 238

time for return of 237

trusts, in matters, affecting ^ 239,242

Particulars ordering . 166

order not to operate as stay or extend time 166

Parties absent, representation of 152

action not defeated for want of 150

adding 150

application for 15«)

by judge at any time 150

change of interest, on 158

defendant 150

adding, plaintiflF 150

service on 150

administration actions, to 152.153

to, to be served with notice of judgment 1.53

administrators may represent estate or beneficiarifiK 150

amendment as to s. 15<)

appearance by persons not 160

bills of exchange, to'^actions on 149

cestuis que trusty one of, may have decree for execution of trusts 153

represented by trustees 150

capacity of, change of 15«

change of 157

See Change of Parties.

class represented by some members 150

trustees 15«)

costs, by reason of misjoined plaintiff .,-..... .^ ' 148

counterclaim not affected by misjoinder of plaintiff 149

death of 157

deceased, representation of 154

defendant

adding 150

alternative claims against 149

claiming contribution against third party 156

jointly and severally liable 149

need not be interested in all relief claimed 149

Representative capacity of, statement of claim to show 150

who may be joined as 149

doubt as to 150

executors and administrators representing estate or beneficiaries 160

heir at law not necessary party to action to execute trusts of will 152

infants See Inftmts.



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INDEX 705

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Page,
Judicature— Continued.

Parties— Concluded.

joinder of, as {^aintiffs

severally or jointly and severally liable on same contract 14U

two or more defendants when plaintiff in doubt 149

joint claims by 159

legal personal representative, where no 154

legatees, to administration actions by 152

lunatics, as See Lunatics.

marriage of 157

meaning of 136

misjoinder 149-150

effect of, on counterclaim 149

motion to add, strike out or substitute 150

next of kin as, may have judgment for administration , 152

non- joinder, effect of 150

numerous, having same interest 150

partners. 150, 152

See Partners.

persons liable on the same contract 149

not parties, how far bound 153

served with notice of judgp^^ent, to be 153

plaintiff, adding and substituttfig 150

death, marriage or insolvency of 157

doubt of, as to parties 149

joint claims by several 149

mistake aa to . 149

who may be joined as . . 149

protection of property, actions for 163, 262

representation, numerous parties, in case of 150

representative, legal, where no 154

of heir, next of kin or class 152, 164

plaintiff in actions to prevent waste, etc 163

residuary legatee may have judgment for administration 152

service on added . . . ." 150

striking out and adding 149, 150

application for 149, 150

by court or judge 119, 150

substitution of 150

suits by some on behalf of others 150

to prevent waste 153

third, rules as to 155

See Third Party.

trustees as 150

trusts, to actions for execution of 152

unast-ertained, representation of 152

want of, cause not defeated for 150

waste, in action for 153

wrong plaintiff 149

Partition, action for, default of appearance 163

proceedings where ordered 234

Partners, appearance by individually where sued as firm 151

person having control of business but not a 152

disclosure of names of ... * 151

application for 151

demand for 151

stay in default of 151

execution against 207

leave for when required 208

45— Y. o.

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106 CONSOLIDATED ORDINANCES

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Pag«.



Judicature— Continued.
Partners — Concluded.

6rm, person trading as 152

firm name, may sue or be sued in 160

judgment against firm, effect of 208

as against partner out of jurisdiction 208

names of, to be given, when 151

service of writ on 145, 151

mode of 146

notice of, in what capacity 151

where partnership dissolved 151

Part performance of obligations, when satisfaction l.%9

Payment into court, acceptance of sums paid in before defence 169

admission by 168

amount in dispute, of 168

appropriation, on 168, 170

Pajnment, consolidated actions in 170

conversion of securities, notice of application for 172

costs after 170

counterclaim, in answer to .' 171

debt or damages, in actions for 168

defence, to be signified in 169

defendant may make, before defence • 169

notice of 169

after defence 168

with defence 168

denial of liability with 168

deposit in bank 172

dispute, of amount in 168

infant, money awarded to 171

investment on : 171

jury not to be informed of 171

libel action, none if liability denied 168

notice of 169

originating summons for 289

persons under disability, moneys recovered by 171

plaintiff may make, as answer to counterclaim 171

not accepting 171

pleading — 168

refusal of amount paid in 170

satisfaction of claim, in 168

counterclaim 171

acceptance of, in action 169

form of 169

slander, in actions for 168

tender, with defence of 169

time for 169

Payment out of court, acceptance by plaintiff of sum paid in, on 169

(jheques to be initialled by judge 172

defendant's liability not denied, where 169

denial of liability, where 1C9

nioney recovered by infant 171

order for, when pequired 171

payment into court before defence, of 169

plaintiff's request in certain cases, on 169

tender set up, where 169

Perfonnance of obligations, part, when satisfaction i39

Perpetuating testimony 199

Person, meaning of 136

of unsound mind. See Lunatic



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INDEX ^0^

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Page.
Judioature— Cuntinued.

Petitioner, defined 136

Plaintiff. See Partiea

adding 150

address to be g^ven on writ 144

death, marriage or insolvency 157

equitable claims by 137

may not serve writ 145

meaning of 135

not to be delayed by questions between defendants 157

repreHentative capacity of, statement of claim to show 150

striking out or substituting , 149

who may be joined as 148

Pleading

_ admission in 187-188

^ See Admissions.

allegations of fact in, each party to deal specifically with 167

alternative contracts 167

amend, applications for leave to 179

amended, delivery of 180

amendment of , 178

See Amendment.

close of 174

condition precedent, performance of 166

constitutional questions, raising 155

contents of 165-166

contract, alternative 168

implied from letters 168

bare denial of how construed 168

conversations 168

counterclaim 165

See Oounterolaim.

reply to 166

damages, allegation affecting 167

dates, etc., in 165

default of 174

See Default of Pleadingf.

delaying matter in 168

delivery of, amended 180

at address for service 144, 159

enlargement of time for 251

vacation in. 251

where no address for service . . . *. 144-159

denial of allegations cf fact to be specific 167

contract, of 167

evasive, must not be 167

general, not aufficient 167

point of substance 167

departure 166

documents, effect only of, to be stated in 167

embarrassing matter in 168

See Striking out.

enlargement of time for 251

evidence, not to be stated 165

facts relied on must be set out in 165

figures to be used in 165

filing, vacation excluded frou* time for 251

' form, no technical objection for want of 168

fraudulent intention 167



45J— Y. o.



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708 CONSOLIDATED ORDINANCES

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Pa6e.



Judicature —Continued.
Tle&d'mg— Concluded,

grounds of defence or reply to be in 166>

implied contract or relation 168^

improper, costs of may be disallowed 168

inconsistent, not to be 166-

knowledge -: 167

law, presiimption of 168

raising points of 17S

letters, contract or relation implied from , 168

nudice, fraud, knowledge, etc 167

material facts, to state 165^

matters arising pending the action . . - . 172

meaning of term . . 136

mind, condition of :.. 167

negative pregnant . 167

new gnx)und of claim 166

matter arising after action brought '" 172

not guilty by statute, plea of 166

notice as a fact 167

numbers in 165-

ordinances, questioning validity of, to be served on legal adviser 155

paragraphs to be divided into 165

particulars may be ordered . . Ib6

payment into court with defence 168

point of law, raising 173

substance in 167

posting when no address for service 144, 159

prejudice, matters of, in 168

presumptions of law 168

printed or written, may be 168

raising points of law 173

relation, implied 168

reply 173

See Reply.

by leave, subsequent to 174

to counterclaim, in 166-167

scandal in '. 168

See StrikinfiT out*

setoff.. 165

See Set off.

specific denial in,, when required 167

striking out , « 168

See StrikinfiT out.

when no ground of action 17

subsequent to reply 174

technical objection to 168

tender 168

time for, applications for 251

computation of * 251

in vacation 251

subsequent to reply 174

unnecessary matter in 168

costs of 168

vacation, not necessary in 251

written or printed, may be 168

Plurits writs 260

Possession

mortgagor may sue for, in own name 139

originating summons for, under mortgage 234



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i.



Judicature—Continued.



INDEX *709

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' Page.



Practice and procedure of England when applicable 141

rulee of, judges may frame 141

Preservation of property, interim 222

Probate and administration. See Administration.

accounts of administrators to be filed 264

ancillary, grant of 261

securitj' on application for : 261

application to pass accounts 239 264

citations, summons and notices 262

creditors and others, order to send in claims 262

verification of claims 263

securities to b'* valued 263

negotiable instruments 263

omission to value 263

executors and administrators, remuneration of 246 265

See Public Administrator.

proceedings by 264

representation of estate pending grant 262

security by administrators 261

proceedings on 262

waste, proceeding^to restrain pending grant 262

process issuer when included in " clerk.'* 136

Production of documents. See Documents, production of

Promissory note

joinder of parties to, as defendants 149

loss of, no defence where indemnity offered 168

Property, preservation, interim 222

protection of, representative action for 153

Public administrator and official guardian. S4e Administration.

administrator, ad litem 262

costs and compensation to * 265

guardian ad litem 264

infants, actions against, service on 264

originating summons by, as creditor 264

remuneration of 266

Public officers, actions against, limitation .' 249

notice of 249

Purchaser, orders of court not invalid against for want of notice, etc i 140

Receiver, accounts of, books to be deposited 225

passing 226

allowanc-e to 225

balances, payment of 225

neglect of 225

default by, in accounting, etc 225

filing and passing accounts 225

interlocutory application for 140

meaning of 135

salary of 225

security by 225

Recovery of land. See Land.

Redemption, action for, default of appearance in 163

originating summons for 234

Reference. See Inquiries, Accounts.

astodamages 190

Renewal, writ of execution of 208

summons, of 143

Rent. See Land.



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710 CONSOLIDATED OBDINANCES

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Page.
Judicature— Continued.

Replevin, affidavit for 22S

bond to be taken 229

assifo^nient of 229

form of 275

defendant's rights, on 229

concealment of property 229

issue of writ, when authorised * 228

return of property, on security being furnished 229

assignment of security in such case 229

by sheriff, to writ 230

service of writ 229

Reply. See Pleading.

close of pleadings, on default in delivery of 174

counterclaim to. . .«. 166

default of reply, effect , 174

denials in, must be specific 167

further, of matter arising pending action 172

joinder of issue, by 174

matter arising pending action, of » 172

omission of, effect 174

pleading, rules of f. 165 168

subsequently to 174

pleading, time for 173

enlargement of 173, 251

Representative

capacity of plaintiff or defendant, statement of claim to show 150

heir at Uw, of 152

next of kin, of 152

numerous persons or class, of 150

unascertained class, of 162

Residuary devisee or heir, administration at suit of 152

originating summons by 239

legatee or next of kin, administration at suit of 152

originating summons by 239

Rules of court

existing, continued 141

judges may prescribe 141

meaning of ? 136

Rules of law 137

Sale

action for, default of appearance 163

judgment for, notice to persons interested but not parties 153

originating summons for, under mortgage 234

procedure where ordered by court 234

Sales of land by order of court

approval of judge to be had 234

conveyance, parties to 234

mortgage, proceedings for sale under 234

order for 234

parties bound by 234

modes of carrying out when ordered by court 234

Scientific persons

judge may obtain assistance of 241

Service

admission and acceptances by solicitors 148

address for, plaintiff to give . . 144

service if omitted 144

defendant to give 160

service if omitted 160



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INDEX 711

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Page.
Judicature— Continued.

Service— Concluded,

defendant not appeared, on 160

pleadings, proceedings, etc 148

Bubstitutionally ^ 148

posting in clerk's office, by 144 160

of writ of summons, affidavit of, writ and claim to be marked as exhibits ta> 146

agent, on, of defendant out of Territory \.. . 145

corporations, on , 145

defendant's whereabouts unknown 147

added on 160

fees for, to whom allowed 145

firm, defendant carrying on busineM as 146

indorsement of service unnecesiary 146

• infant defendant 146

husband and wife defendants 146

land, in action to seeover, where vacant possession 145

lunatic or person of unsound mind .. . . 146

original «0rved in mistake 146

partners, on 151

notice of capacity in which served 151

dissolution, after 151

personal 146

plaintiff may not effect. . ; 145

several defendants, some not served, procedure 162

who may effect 146

Service out of the jurisdiction.

application for leave for 147

cases in which allowed 146

concurrent writ for 143

defendant's whereabouts unknown, order for, may be dispensed with 147

order for, to limit time for appearance 147

partner not necessary on, where firm served within jurisdiction 150

substitutional service may be allowed 147

Set off See Counterolaim.

Setting aside.

judgment by default 163, 193

service of writ 161

order for , 161

writ of summons for irregularity . . 161

Setting down for trial 176

See Trial.

Sheriff, enforcing return by 236

meaning of 136

Short title of Ordinance 135

Sittings of court.

adjournment of 251

court en banc 242

court en bancj of 242

single judge, of 137,251

Small debt procedure.

action, entry of 266

address of parties 266

claims for debt under $100 266

particulars of . . . 266

clerks fees 270,280



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712 CONSOLIDATED ORDINANCES

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Pa6e.
J udioature— Continued.

dispute, plaintiff to be notified of 267

notice of 268

striking out 268

genenal procedure, application of 270

indorsement of process unnecessary 270

interpreter's fees 270, 281

informalities not to avoid 270

issue of summons 269

judgment by default 267

setting aside 268

particularH of claim 266

service of notices, etc 269

out of jurisdiction, order for, when not necessary 267

set off of counterclaim 268

sherifTs fe«.8 276.281

solicitor's fees 269

- Small debt summons, issue of 266

return to clerk after service 267

suit erroneously brought in general procedure, costs 269

time for dispute 2<»7

trial, setting down for 268

notice of 268

representation of parties at 268

postponement, application for 269

witness fees . . . 270, 281

SoUicitor, abatement of action to give notice of 159

acceptance and admissions of service by, evidence of 148

address to be furnished on issue of writ by 142

address to be indorsed on writ 144

for service when required 144

omitted, service in case . . 144

change of, how effected 144

disclosure as to whether writ issued with his authority 144

employment of, after party acting in person 145

Special case, agreement to pay money according t^ judgment on 192

cause or matter, in any 192

consent by 192

contents of 192

costs of 192

court may draw inferences on 192

documents referred to in 192

entry of judgment on, for agreed sum. 192

evidence on, where parties under disability 192

inferences of fact or law may be drawn on 192

/ in interpleader 232

judgment on, agieement for 192

execution on 192

order of court by 192

paragpraphs, division into 192

parties to 192

setting down of, where parties under disability 192

trial of preliminary question of law by 192

Specific performance, damages or other relief may be given in lieu of or in addition to 140

Statement of claim. See Pleading.

amendment of 178-180

causes of action, joinder IM

copy to be attached to writ 142

filing on issue of writ 142

further and better 166



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INDEX Y13

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Page.
Judicature— Ctmtinued.

Statement of claim — Concluded.

pleading, mlee of ' 165-1G7

representative capacity of parties to be shown 150

striking out 168,173

Stay of action or proceedings, solicitor repudiating issue of writ 144

appeal pending 245

partners, nondisclosure of names, on 151

trustees, executors etc., applications by 230

Striking off roll, motion for, requirements 235

Striking out appearance 164

See Summary judgrnient.

pleading, disclosing no cause of action or answer 173

embarrassing, prejudicing, scandalous or unnecessary 168

Subpoena, for exan)ination in cause 199

for cross examination on affidavit 198

for proceedings in chambers . 199

service of 199

Substitutional service, pleadings and suit proceedings, of 148

writ of summons 147

defendant's whereabouts unknown 148

entry of judgment, where served substitutionally, proof of claim 148

jurisdiction, out of 148

land, action for recovery, vacant possession 145

personal service impossible 146

Summary inquiries into fraudulent transfers 190-191

See Inquiries.

Summary judgment, application for, where liquidated demand 164

affidavit in supiwrt of 164

to be served 164

cause, showing, by affidavit 164

brmging in amount claimed 1(>4

cross examination on affidavit 165

subpoena for 165

documents, production on 165

summons, by 164

service of 164

unliquidated demand included I64

leave to defend 165

conditional 165

order for, where no cause shown 164

part of claim, for 165

Supreme Court of Judicature in England, practice in, when to be followed Ill

Taxation of costs 248

See CCN9tS.

Tenant for life, equitable waste, not to commit .' 139

Third party, adding ' 155

admission by non-appearance 155

appearance by . . . 155

time for 155

default of 156

leave for, after default 156

costs, generally 157

defendant claiming against co-defendants may adopt procedure 157

directions as to trial 156

application for 156

general may be given 157

prevention of delay to plaintiff 157

execution against, where judgment by default of appearance 156



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714



CONSOLIDATED OBDINANCES



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Judicature - Continued.



Third party— Comr/urf«i

judgment against

judgment, default of appearance, on

setting aside . .

between defendant and

liberty to, to defend action or appear at trial.

notice to, application for

time for

filing of

service of

time for

contents of . ,

writ to be served with

plaintiff not to be ]>rejudiced or delayed by . .
trial of liability, directions as to.



Time.

abridgment of

appearance to writ of summons, for

may be shortened

for service ex juris

clear days, how reckoned

contracts, in

enlargement of

expiring on holiday

ser\'ice of papers for

six days, where le«8 than

Trespass.

injunction to prevent

mortgagor may sue for in his own name.



Trial.



.See Bvidenoe.



adjournment of, terms.

cross-examination, disallovnng questions in

defendant appearing plaintiff not

default, judgment by, setting aside.

judgment by default at, setting aside

delivery of, at or after trial

motion for, not necessary

jury in certam cases

costs of

order for

verdict to be unanimous

neglect to set down pursuant to order

notice of

omission to prove material fact at

plaintiff appearing, defendant not

postponement of trial, terms

separate, of different causes of action

setting cause down for

m vacation

speeches to jury, regulated

third party, liability of

withdrawal of cause

Trustees

actions by or against as representing estate, etc

application by, for opinion and direction of court

claim against on express trust not barred by statute

judgment for execution of trusts at suit of

originating summons by, for determination of questions,
stay of actions on application of



.See Parties.



Page.



156
166
156

tl6
15S
155
156
156
155
156
156
155
157
156

250
142
143
148
250
1S9
260
250
250
250

139
l.W

193
194
193
193
193
194
194
177
177
177
177
177
177
193
193
193
159
176
262
194
156
178

150
242
1S9
153



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INDEX 715

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Page.
Judicature— Continued.

Trust.

express, action by c. q. t. not barred by statute of limitations 139

heir not necessary party to action for execution of 154

judgment for execiition of 153

originating summons in matters relating to 239

representation of parties in actions for execution of. ' 152

Vacant possession, service where, in action to recover land 145

Vacation.

contested business excluded in 252

default judgment 252

ex parte proceedings .* 252

office hours of clerk in 140

motions to set down may be heard in 252

period of 252

pleading in, extension of time 252

rules as to 252

taxation of costs in — 252

Vesting orders.

jurisdiction of court to make 137

mortgage proceedings, in 234



Wages.
Waste.

Writs.



minors may sue for 140

actions, to prevent 139

equitable, tenant for life not to commit 139

injunction to prevent 1.^



cUias or pluries 250

attachment of goods 226

See Attachment of Roods.

execution .- 207

See Execution,

garnishee 217

See Attachment of debts,

replevin 228

See Replevin.
Writ of summons.

action to commence by 142

. alias or pluries 250

appearance to, time for 143

may be shortened . . 143

where service ex juris 149

clerk to issue on personal application 140

concurrent

form and issue . ... 143

marked ** concurrent " , 143

renewal of 143

service out of jurisdiction, for 143

return of, time for. 143

may'be shortened 143

concurrent, service of original, instead of 143

copy for service, claim to be attached to 142

date of issue to appear on writ 142

duration of 143

filing before judgment by default of appearance 162



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 73 of 77)