Yukon Ordinances, 1938 — Ordinance respecting Amend "The Assessment Ordinance"...... ::10 An Ord; Migratory Bird Treaty Act

Yukon Ord. 1938

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TfRRITORY PASSED BY THE YUKON COUNCIL IN THE YI!AR. 1938 GEORGE ALLEN ]ECKELL CONTROLLI!R Pria'" all. Publl.lle. for tile Goy.rn.cat of tb. y.,koa T.rrltory Uadcr Authority of

Chapter 75 of the CoalOliclat.d Ordieaacl5 of "14 BY PIBRCY POWBLL. K1 .... Printer

ORDINANCES OF THE YU KON T~RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1938 GEORGE ALLEN JECKELL CONTROLLER Printed and Published lor the Governm~nt 01 the Yukon Territory Under AUlhorily of Chapler 75 of the Consolidated Ordinances of J914 BY PIERCY POWELL. King'. Prinur

Chap. l. 2. 3. ~. 5. TA.BLE OF CONTENTS Page. The Game Ordinance of the Yukon Territory........................ 1·2!J An Ordinance to Amend "The Assessment Ordinance"...... ::10 An Ordinance to Amend "TIle Dental Ordinance"................ 31 An Ol'(linance to Amend "An Ordinance Resllecting Insane Persons ...................... ........................................................... ill! An Ol'dinance to Amend "The Marriage Ordinance"............ 3:i 6. An Ordinance to Amend "The \Vorkmen's Compensation Ordinance" 34 7.

An O,'dinance Respecting the Maintenance of \Vi"es Dese,·ted by Their Husbands .................. ......................... :i5·4i S. An Ol'(linance to Amend "The Sale of Bep.r Ordinance........ 48 9. An Ordinance to A mend

Chapter 1 of "The Ordinances of 1914," "An Ordinance to Create a Game Preserve in the Yukon TelTitory for Native Indians....................... 4!1 10. An Ordinance fo,' Granting to the Comll1issionel' Certain SUIIlS of Money to Defl'ay the Expenses of the Public Service of the TelTitory and the City of Dawson........ 50·55

CHAPTER l THE YUKDNGAME ORDINANCK :( Assel11ed 10 Ma:)' 2nd, 1938.') The Commissioner ot"ihe Yukon Territory, ·byand "with :.:lle advice and consent of the ·Council of said Territory, tenacts -as follows ~ 1. This Ordinance may "be c"ited ~s "The Y rik()n Game Ordin-ance. "

INTERPRETATION Short 'l"itJe. 2. In this Ordinance, unless the context otherwise 'lllterpretSl_ reqUires: "Ordinance" me"nns the Yukon Game Ordinance. "Controller" me-a"ns the CoMroller of the Yukon Terri. tory. Game" menns all wild mammals -and wild birds and the heads, skins, and every part of such mammals and birds. tI()lI. "Close Seasoll" means the period during which the Clo"c; Season. hunting, killing, destroying, injuring, trapping, taking, cap- turing, selling, trading in or molesting of game is prohibited or restricted by the Ordinance or by any Regulation.

O::cn Se:u:;nn. Tr·"dfng: 1'0,,1:. Olltllm·.-1 .. 'l'r·",lill<' or· II·a~llcldllg. P"t~S'':I"\"f.;·. G; .... :nc GUll. rd larT. P"UI"·lJcar-lng anb:a!>t. He,;ld.~nf. (;lIide. 2 THE YUK.ON Gt\i\H: ORDIN"ANCI, rrOpCI/ Se(/sol/" means tilt: period during which sudr. game may be hunted, killed,. destroyed,. trapped, taken, cap tured or possessed .. "Tradillg POol I" means a trading establishment in which the business of tl-nd>g or trafficking in gam~ LS carried on: under authority of ~ ~radillg post permit.

"OlltPOst" means a trading establishment in which the· business of trading or trafficking in game is carried on by· the holder of a "Trading Post" permit and under th.;: authority of an "Outpost." permit. UTradin.(j or Traflid~ill9 ill Gallle" means the sale 01- exchange of the skins or pelts of game for money, merchan-· dise or any other commodity whatsoever. "Preserve" menns an area set aside for rne: protection of game for the benefit of native Indians.

"Game Guardian" or "Guardlall" means and inclucks ;T. game guardian const.ituted by or appoillt~d under t;·,i:; Ordinance. (/ Fit I" bell I"i1l9 {/lIi1Utlls" mea ns and includes beaver, fox. lynx, marten, mink, muskrat, otter. fisher and weasel, but shall not include any bear, coyote, or wolf, wolverine, squirt'el, 01- rabbit. "Resirie1Tt" means any British subject who has resided in the Yukon Territory for not less than two years, or any person not a British subject who has resided in the Territory not less than three years.

"Guide" and "Chief Guide" whereve·,r used herein shall have the same meaning and shall mean and include any person duly licensed as such and the person who, being Cl Chief Guide, is in charge of and guiding and conducting any non-resident big game hunter duly licensed as such under the provisions of this Ordinance.

THE YUKON GAME ORDINANCE 3 1( A ssis-tnnl Guide" shall mean -any person duly licensed as such and any person so licensed acting as -assistant guide under the direction of any such chief guide jn guiding and conducting -any such licensed hunter. 'C,\I'l'lE GUARDIANS 3. (

I) All members of the Royal Canadian -Moantd Police and all guides shall be ex-officio "Game Guardians" -under this Ordinance, and the Controller may from time to time appoint other game guardi-ans.

(2) Every game guardian so specially appointed, be fore acting as such guardian, shall take and subscr;b~ -b:::fore any person authorized to .administer oaths in the Territory, the following oath: "I, A. B ................... ,n game gua.rdian, in and for the Yukon Territory, do solemnly swear that, to the best of my judgment, I will faithflllly, honestly -and impartially fulfill, execute, and perform the office "and 9uty of such game guardi.an, -according to the true intent and meaning of the Ordinance respecting the preserva tion of game in the Yukon Territory, and of all regu~a tions made or to be made thereunder." CLOSE SEASON 4. (

I) Except as hereina.fter provided, the following shall not be hunted, trapped, taken, killed, shot at, wounued, injured or molested in any way during the followi'ng times of the year, respectively: (

a) Any buffalo or b;soll a t any time. Cb) Beaver-Between the thirty-first day of May and first day of March. (

c) Fox-Between the thirty-first day of January a.nd the first day of November south of the Arctic Circle; and between the fifteenth day of March Olnd the first day of November north of the Arctic Ci rde. Assistnnt Gllide. ]I-tern- ers of R.C_I\LP_ all,l Guides to be ~X-OmC!~ . . 'JardinllS. "Oath 1»)" n:unl.! Guardi:lll. "Close Scru:mns." No buffalo or bison. Fox_

:\Hnk nn,!" mnrtcn,· Pisher an(r lltter: :\[usk ,'nt, l'a f·lrl,Ig-l>. l)taf".11igan, pheas'Jnt, pl'lllrle' chicken, grouse, \Valel'/'oWl, M.lose. (rarlbO'lI, etc, N6 eggS" to 1>6 ta.klll).- 13.ig lImits: l{oasc. dcer, (~arlbo\l. THE YUKON GAME ORDIN't\NC£ (

d) L)',,~'(-Between the thlrty-fi'rst day of March an&. the fifteenth daY'of November. (

e) ft1i1rk and Afartm-Between the first day of March and the.: fifteenth day of November. (

f) Fisher and Otter-Between the fifte'enth day of MaY'and the: thirty-fir'sf day of December:.. (

g) J\1uskrat-Between the thirty-first day of May and. the fi.rst day of March in' the District: to the south of' the Arctic Circle, and between the fifteenth day of June ancl". the first day of March in the District to the north of the: Arctic Circle. (

h) Partridge, PtarmigalT, Pliearalll, Prairie Chickel/: and other Species of Grouse-Between the first day of February and the first dar of September. (

I) Waterfowl (except species not permitted to be taken under the Migratory Birds Treaty Regulations) and Wilso/f Snipe or lackSICipe-Betweerr the first day of No vember and the first day of September. (j,) Moose, Caribou, Deer, Nlolllllailt Sheep, MOIm-· tain Goat-Between the first day of l\/larch and the first day of August.

P) Except as hereinafter provided, no eggs in the rtest of any of the birds above mentioned, or in the nest of any oth'er species of wild fowl, shall be taken, destroyed. injured or molested at any time of the year, BAG LIMITS ON CERTAIN GAME ANIl"lALS AND BIRDS. 5,

(1) No one person shall have the right to kill dur.· ing the "open season," except as hereinafter provided, more than two moose, six deer, six caribou, two mountain sheep and two mountain goats, and no females of such beasts, and no animal of any species under the age of one year shall be killed at any time except as herein provided.

" THE YUKON GAME ORDrNANCE 5

(2) No one person sh'all have the right to kill In any one day during the "open season" more than fifteen in the aggregate of each of the following: Partridge, pheasant, -prairie chicken or other species of grouse" 'and not 'more 'than twenty-five on 'the -aggregate of ptannigan.

(3) The bag iimit for ducks, geese and such other migratory game birds 'as can legally be taken sh'all not exceed a greater number than is permitted to be taken and possessed under the Migratory Bird Treaty Act and Regu htions. HUNTING AND TRAPPING LICENSES 6. No person except n native born Indian, Or an Eskimo of Yukon Territory or the North \Vest Territories, shall engage in hunting or trapping any game protected under

Section 4 of this Ordinance, without being the holder -of a valid and subsisting License or permit issued pursuant to this Ordinance, bearing his signnture written in ink on the face thereof. LICENSE FEES Bag IImrts: Pa,·trldge, prairie ehlcken. etc. Bag limits: Ducks, geese. etc. 1I11nl1ng ancl Trapping Licenses. 7. The names of the several Licenses 'and the fees for License Fees. same shall be as follows: For a Resident of the Yukon Territory there shall be

(1) A Resident Hunting License .............. $ 1.00

(2) A Resident Trapping License............ 2.00 And for a Non-resident there shall be-

(1) ANon-resident Big Game Hunting License-for a British Subject............ 75.00 And for an Alien ................................ 100.00

(2) A Non-resident Trapping License for a British Subject .............................. .. And for an Alien ............................... .

(3) A Non-resident Bird License .. _ ....... _._. PRIVILEGES UNDER LICENSE 250.00 300.00 5.00 8. ( 1 ) A Resident Hunting License shall permit the taking of game mentioned in Sub-sections (h), (

i) and (

j) of

Section 4 of this Ordinance, and such game as is not protected by this Ordinance. Privileges unde,' License. Resident Hunting License.

TrappIng 1.icense. :'\nn-r"sldell~ errd :L.ieense. 1\oll-l"esidcnt BIg Game Hunllng l.icCIlHC. ;'r;vlleges o( J i(:cnsc- 11 (iLrle'-. f'ight to ship lI·nphic~. 6 THE YUKON GAIVIE ORDINANCL::

(2) A Resident or a Non-resident Tr~pping Licens~ sha\[ permit the taking of fur bearing animab a!ld t~ expo:·t the pelts and skins thereof upon compliance Wit:1 the pro visions of "111e Fur Export Tax Ordinance," ;c!1..-l suc'~ license shall further entitle the holder thereof to kill for hiS', own use, 'and ollly to the extent necessary for such purpose during the "opelT season," the animals and b:rds mentioned in Sub-sections (h), (

i) and (

j) of

Section 4 of this Ordinance and such game as is not protected by this Ordin·· ance but shall not entitle him to ship out of the Territory the head, hide or hoofs of any SUdl animals or birds killed by him.

(3) A Non-resident Bi rd License shaH permit· the taking 0 f such bi rds as a re mentioned in Sub-sections (") and (

i) of

Section 4 of this Ordinance, and such game as is. not protected by this Ordinance.

(4) The following provisions shall apply in the cas~ of a Non-resident Big Game Hunting Lic:nse: (

a) Such license shall entitle the holder thereof to kill during the "open sea::;on" one moose, two caribou, two deer, one mountain sheep and one mountain gont, and no more. Provided, that each such license holder may, under his license, during the "open season," in addition to the numb:-r of animals above specified, kill one moose, two deer, two caribou, one mountain sheep and one mountain goat.

Pro vided, however, that such license holder shall, in addition to the original license fee, pay the following furthr or additional fees for each additional animal so killed, that is to say: $25.00 for each moose, caribou, deer, sheep or goat. Such further fees shall be paid forthwith after the making of the sworn statement required to be made by such license holder under Sub-section (

c) hereof, to the Territorial Treasurer, or his agent, who shall, upon such payment, issue and deliver to the license holder a receipt fur tIlt: same, enumerating the animals for the killing of which such addi tional fees have been paid. (

b) A holder of a Non-resident Big Game Hunting License shall be entitled to take with him or to ship out of the Territory as trophies, the head, hide and hoofs of any big game lawfully killed by him.

TI-iE YUKON GAME 'ORDINANCE 7 (

c) Provided, that every such license holder shall, before leaving the Territory, be required to make 'and sub scribe before a Game Guardian a statement under oath that 'he has not violated any of the provisions 'of this Ordinance, giving such particulars in relation thereto -as may be re· quired by the Game Guardian. And upon such statement being made tlle 'Game Guardian shall give to such lic:nse hclder a certificate that such game, describing it, 'has been lawfully killed or taken, and that such license holder is ·entitled hereunder to export the same from the Territory 'Subject to any customs regulations eXisting in reg,ard thereto. Statement under oath to be filed. (

d) Every such license holder shall be entitled to Cel'filieate b)' Territorial Teceive from the Territorial Secretary, or the Territorial Seerelary. or \ ' XTL' h 'fi . 'I Territorial .f gent at 'V IIIte orse, a certllcate enumerating t le game Agent at killed by him under the authority of his license, in such '\Vhlleh"rse. form and manner as may be prescribed by the Territorial Secretary.

Such certificate shall set forth a description of the game killed, together with the measurements of the tr"ophy produced therefrom, the number of the license, the locality where such game was killed, and the name of the Chief Guide accompanying the Licensee. ' The Territorial Secretary and the Territorial Agent at Whitehorse shall keep a record book of all certificates issued, and such record book shall contain all the official record of all game killed and e:\l'orted as trophies by licensed non-resident hunters. (

e) Except as herein otherwise provided, no holder 0 f any such license shall engage in hunting moose, caribou, deer, mountain sheep, mountain goat OT bear, or exercise his license for that purpose without having with him and in his employ a licensed Chief Guide. Provided, that where it is made to appear to the satisfaction of the Controller that no Chief Guide is available and in other exceptional cases, the Controller may, in his,dis!=retion, grant by mem orandum in writing to any such non-resident holder of any such licen"se" permission to hunt under his license without having with him, or in his employ, a Chief Guide. HOlder of Big Game Hunler's License must employ Guide.

Liccnse "oldc.· may klll bi .. <1" "'~ntloned in' "llb-sections (

h) and (

I) fir

Sec. 4. License of Chief Guid<'s i1. nd AsS:;st :tnl GlIide". Pe r,.;o 11 :acting as Guide with out License guilty of nffence. "LIcen';"c fees t'nr Guides. g TI'IE YUKON GAME ORDINANCE (

f) Such License shall flirthel-entitie the" holder there of to kill for' his own u'se and only to the extent necessary for' such purposes during' the "open season," the birds men tioned in Sub-sections (

h) and (

i) of SectiOll 4 of this: Ordinance'_ LICEN"SED CHIEF' GUIDE AN1) ASSISTANT GUIDE 9_

(1) The Controller may (subject to sach rures' and regulntions as he may deem necessary from time to time) issue to any resident of the Territory who is qualifiecl to act as such, a license to act as Chief Guide or Assistant Guide to pel-sons hording license under

Section 7 of this Ordinance for the purpose of hunfing in the Territory. The Controller may issue, at his' discretion. to any lndian whom he may deem qualified to carry out the duties of n Chief Guide, a license to act as a Chief Guide_

(2) Any person who acts as Chief Guide or Assistant Guide to any Non-Resident Big Game Hunter, without first having procured a license as required by this Ordinance, shall be guilty of an offence against this On-finance.

No [ndian shall act as Assistant Guide, without having first procured a license to so act, and any Indian so acting with out a license shall be guilty of an offence against this Ordinance. (3 ) Fees for such licenses, respectively, shall be as follows: License for Chief Guide ......... _ .................... $ 20.00 License for Assistant Guide ... _ ..... _.............. 10.00 ( 4) Every Chief Guide and Assistant Guide licensed hereunder, who shall fail to report, or who refuses or neg lects to lay information for any violation of this Ordinance, or who shall himself violate any of the provisions of this Ordinance, shall in addition to any other penalty, have his license revoked and shall be ineligible to act as guide for a period of two years from the date of conviction.

T!-iE YCKON GAME ORDfNANCE 9 USE OF AlRCRAFT IN TRAPPING 10. Aircraft shall not be used in trapping operations e);cept as. a means of transportation between the settlement where a tr.a-pper is outfitted and his principal base camp. Before making use of aircraft as above every trapper sh,i!l notify the nearest Game Guardian in writing stating the location and nnme of the settlement in the -Yukon Territory where he will be outfitted, and also giving the location of his principal base camp and the location of that portion of the Territory where he will trap.

The owner or operator of the aircraft used to transport a trapper shall also be re quired to report to the Controller immediately after trans porting a trapper to his base camp stating in writing the name of the trapper, date and number of trapper's license, name of settlement where trapper is outfitted, location of his principal base camp and also when removing trapper from his base camp furnish a report in writing giving name of trapper, number and date of license and date and desti nation where trapper is taken by plane.

Every Game Guar-dian shall report immediately to the Controller all information received under this Section. Any operator or olWner of an aircraft, who uses aircraft in transporting a trapper who is not licensed under this Ordinance, or any such operator or owner who fails to furnish the information as required by this Ordinance shall be guilty of an offence against this Ordinance. RETURN OF LICENSE 11.

Every holder of a hunting or a trapping license shall, before leaving the Yukon Territory, or as soon as practicable after the expiration of the license, .whichever first occurs, return the license to the nearest game officer with the affidavit on the back of the license duly completed. NATIVES TO REPORT GAME KILLED 12._ Every Indian, or Eskimo, shall, before leaving the Yukon Territory, or as soon as practicable after June 30th in each year, whichever first occurs, report to the nearest game officer the number and description of the game killed or taken by him during the previous license year.

RestrIction on use oC aircl'aft in trapping. Hetu)"n oC Hunting or Tl'nnnin~ License. - Nath'es to repo,·t gn me killed.

Relurns' by" Galne Cua~dians~ 'fmdlng' posts and t"lutposts not to be cst;thlished' wlthollt ""lhOl1ly: N

t) l}el'S'OI1 (0 U'ade In ful's without obtaining liccnst!. la 1"1-1£ YUKON GAME ORDINAN"CE: RETURN TO· BE MADE BY GM\'fE GUARDI.'''N fJ. Every game guardian shall immediately after the last day of each month make and file with the Territorial Secretary a return stating the number and description of aU beasts and game, and the, name and address of the person or persons taking the same, which have been so reported to him during- the previons month. TRADING AND TRAfFICKING IN GAME 14.

No "trading post" or "outpost" shall be estab lished or maintained in any part of the Territory except _ under the authority of a permit from the Controller or an officer authorized by him. Such permits may, in the discre tion' of the Controller, be cancelled if the trading post or cutpost for which the permit is issued is not ope.rated for at least eight ,months in the case of a trading post, and at least three months in the case of an outpost in each license year, or for any infraction of the Ordinance or Regulations. The permits shall not be transferable.

A fee of One ($1.00) Dollar shall be, charged for each permit. fUR TRADING LICENSES 15. Except those persons authorized by the Ordinance, no person shall engage in the business of trading and traf ficking in the pelts and skins of fur b.earing animals and those wild animals not protected by thiS Ordinance in the Territory, without first securing a license to do so. The holder of such license shall at all times have the right to trade and traffic in the pelts and skins of game legally killed or taken under this Ordinance.

The license shall authorize the person to whom it is issued to trade and traffic only at the trading post or outpost described in the license. No person shall in any license year acquire from anyone other than the holder of a Fur Trader's License, skins or pelts of game for his own use or otherwise, to a value exceeding One Hundred ($100.00) Dollars.

TI-JE YUKON "GAME ORDINANCE 11 Ca) Evei'yperson trading and trafficking in the skins ~nd pelts of animals mentioned in

Section 15 shall furnish rea'ch customer with a record of each sale -and purchase, set ting out the 'number :and kind of pelt:; traded, and the kind and value of goods exchanged therefor,and 'when requi reJ by the customer, Indian Agent or Police Officer, an itemized statement showing the standing of the customer's account. 16. Every person trading or trafficking in the skins -and pelts of animals mentioned in S:!ction 15 mmt op!nin a separate license for each trading post or outpost for which ]le has secured a permit under

Section 14 of this Ordi.n'ance. LICENSE FEES Record lo be furnlsll"ed customer!' by persons trading In skjn~. License lo be obtained for each trading POS1 Cir ou"tpOSt. 17. The fees for Fur Tradin'g Licenses shall be -as f.~,~~\~~~ng follows, for each trading post or outpost: Llc('n~c.. For a Resident Fur Trading License ___ ......... $ 25.00 For a Non-resident British Subject.. ............ 150.00 For a Non-resIdent Alien ............................ 300.00 TRANSFER OF l.lCENSE 18. A fur trading license may be transferred, upon writ ten request being made by the licensee to a game officer.

Provided, that if the status as to residence and citizenship of the person who is to conduct the business is different tr that of his predecessor, the proper pro rata amount of the license fee for the balance of the license ye'ar shall be col· lected. LICENSEE TO MAKE RETURN 19. Every holder of a trading and trafficking license shall, before leaving the Yukon Territory, or as soon as practicable after the expiration of the license, whichever first occurs, return the license to the nearest game officer with the affidavit on the back of the same duly completed. RETURNS REQUIRED IF LICENSE LOST 20.

If a licensee is unable to produce his license' on the date specified for its return he must appear before the 'rransfer of Llccn~e. Retul'n. by Licensee. Return if License lost.

,\ lIlhorlzed tl'ade .. Inay ha\·e as~l~tn.ntR l.icemred Hunlen<. I,ieensed hunlers may kill male .noose or ca I'i bOll o,'er age of 1 yeal" at any 1I me oC year. Helm·" to be made by Licensed hunter. F,tilure to ma.ke retill'n Is offence. 12 TI-IE YUKON GAME ORDINANCE nearest game officer and make an affidavit setting out the game hunted, killed, trapped, taken or traded and trafficked Ln by him during the period- covered- by such license. . . 1"1" TRADING POST ASSISTANTS 21. Notwithstanding the provisions of

Section 15, any person who is authorized to cngage in the business of trad ing and trafficking in game under this Ordinance may have other persons to assist him at the trading post 01- outpost descrihed in the license_ SPECl.f\L I.ICENSI': TO HL'NT MAI.E MOUSE AND CARIBOU FOR FOOD 22. (

I) The Controller mny from time to time issuc to such and so many suitable persons who are British sub jects and residents of the Territoll', as he deems expedient, to be known as licensed hunters, a special license to hunt moose and caribou. The license shall be in such form as the Controller may prescribe and the fee therefor shall be $25.00.

(2) Notwithstanding anything herein to the contrary, it shall be lawful for any such licensed hunter, during the term of his license, to hunt and kill male moose and male caribou over the age of one year at any time of the year for the purpose of food supply in the Territory, and for such purpose to sell the meat of any such animal at any time of the year.

(3) Every such licensed hunter shall immediately after the end of the license year return his license for the previous year to the Territorial Secretary, accompanied by his affi davit, duly sworn, showing the number and description of all such animals killed or taken by him, and the locality where taken, during the term of such license.

(4) Failure or neglect by any such licensed hunter for a period of thirty days after the expiry of his license to make the return provided by the preceding sub-section shall

THE YUKON GAME ORDINANCE 13 be a violation of the provIsions of this Ordinance, and no Ecensed hunter so in default shall be granted another license until such return is made.

(5) Every such licensed hunter shall, upon the request of any guardian, produce and show to such guardian his license, and refusal to do so shall be a violation of the pro visions of this Ordinance. SPECIALGMdE DEALER'S LICENSE 23.

(1) No person shall buy, sell, deal or traffic in the flesh of any moose or caribou without 11aving first obtained a license in that·behalf. Every such license shall be issued by the Controller, or a person appointed by him for the purpose, .and shall be known as a Special Game Dealer's License, the fee for which shall be Ten ($10.00) Dollars.

(2) Every holder of a Special Game Dealer's License shall immediately after the end of the license year return his license for the previous year to the Territorial Secretary, with a statement showing the number of such animal" bought and sold by him, and from whom procured, during such previous year, and such statement shall be sworn to by such dealer, or his duly authorized agent having knowledge of the facts. The licensee shall keep a register showing the name of the person from whom the game was purchased, the kind and quantity purchased, and the date of purchase. GENERAL PROVISIONS ISSUE OF LICENSES 24.

All licenses shall be issued by the Controller or persons specially designated by him for that purpose, and no license shall be valid unless the signature of the person named in the license is endorsed thereon. l,lcensed huntcl" to show License to Cll 'LTd In.n. CHIne Dealer·s License to deal in IIcsh of ~noo~e or c,"·lhou. Hcturn hy· Galne Dealer. Issue of Licenses.

r .. i"cen:-;c 1l1ay be cancelled it' holder condcted of dobtion of Qrrl;n;lnce', r.fceIlSl£~ t£xpil'e .1l1ne ;{lJth. Penalti'eS' .'01" ·fal~e te=-,nr'~. (j'e:;''( IH)SSeRS~on (if g;imt!. Giilne Gliar'dint'\ may sea r.:;h. 14 Tt'IE YUKON GAME ORDlN.I\NO:: LrCENSES'MAY BE CANCELLED' 25.

Any license issued under this Ordinance may, 11l~ the discretion of the Controller, be cancelled or ~uspendcd, if the' holder thereof is convicted of violation- of the provi si'ons of the Ordinance 01- R'egulations made pursuant to the provisions of said Ordinance: EXPIRY DATE O'F LICENSES' 26, All ficenses shall expi're on the thirtieth day ofJunc' in each year. Upon the request of a game gU<lrdian, ganl\!' warden, or any game officer, the holder of a' license. shall: submit his license for inspection. PENALTIES FOR FALSE REPORTS' 27.

Any person who makes a f::t1se report as to thc number of game hunted, killed, trapped, taken or traded and trafficked in, or who fails or' neglects to return his license within the time specified in the Ordinance, or Regu lations, may, in addition to any other penalty provided ill the Act or Regulations, be refused a license in any subse- 9uent year. ILLEGAL POSSESSION OF G.'\ME 28. It shall be unlawful for any person to have in his possession any game taken in violation of the provisions of the Ordinan~e or Regulations_ POWERS OF GAME GUARDIAN TO SEARCH 29.

Any game guardian may call upon any person at any time round in IJosstssionof gamc or the pelt of any fur bearing animal to state when, where and from whom such game or pelt was obtained, and whenever he has, reason to suspect that any person is illegally in the possession of any such game or pelt, he shall have the right to inspect any bag or other receptacle, vehicle or other conveyance in which he supposes any such game or pelt to be, and any person refus-

'THEYUKON GAME ORDINANCE 15 ~ng, molesting, or ohstructing 'any game guardian in the :accomplishment of such duties shall.be liable, upon

summary .conviction, to.a penalty not exceeding Two Hundred ($200.00) Dollars and .costs, :and, in default of payment, itoimpiisonment fO.r not exceeding three .(3) months. 'SEIZURE AND CONFIScATION OF GAME 30.

Any guardian who has reasonable grounds for be· lieving that ,an offence has been committed'under this··Ordin. 'ance may enter upon the premises .of any person where he has reason to believe any game, animal or pelt may be, and make se-arch there for in 'every part thereof, 'and sel:uany game or fur bearing animal or pelt in respect to 'which he believes 'Such ·offence has been .conunitted, :and upon ally such seizure shall notify the person in whose custody such game, nnimal or pelt was found to appear before the near· est convenient Justice, naming hi'm, at 'a time 'and place to b::: named to such person by said guardian, to establish the rightfulness of his possession of such game, 'animal or pelt, and, where practicable, shall take the said game, animal or pelt before said Justice, and in the event of such person failing to establish such right of possession the Justice may -declare such game, animal or pelt confiscated and the same may be dealt with in the manner provided by

Section 39 of this Ordinance in regard to property confiscated. Selztlr~ ,111,1 cont:s-:.:a tlf)n of game h." 'Gua:rc1hm. GAME OFFICERS MAY APl)OINT CONSTABLES 31.

(1) Any game officer, when he considers it neces sary to do so, may appoint a constable or constables to apprehend any person who has done, or who he has reason to believe has done, anything in contravention of any of the provisions of this Ordinance or the Regulations.

(2) Such constable shall upon apprehending such per son, arrest him and bring him for trial before the nearest Justice of the Peace, together with any game, eggs or nests, ~r parts thereof, protected by this Ordinance or a Regula tion, found in the possession of such person at the time of ' his apprehension. Guardians ma~: nllpoinl Cnn~tn hle~.

~'Pus~cssfon ,,' dclincd. Rllf'falo or llir-oon. J~ll'(ls or tlln.nllnal&. .1 lIsliee of Peace nHty I~Slle Rcal'eh \Vn l'l"a n t. 16 THE YUKON Gt\ME ORDIN't\NCE POSSESSION OF Gt\ivlE 32. Possession shalL be constituted as follows, namelr:

(1) Possession at any time of the year of a buffalo, or bison, dead or alive, or any part of a buffalo, or bison, or,--

(2) Possession at any time of the year of eggs of any nf the birds mentioned in this Ordinance, or of eggs of an~' other species of wild .fowl, or,-

(3) Possession during the "close season" of any other mammal pmtected by this Ordinance. or of any part of such mammal, or of any birds mentioned in S:::ction 4, ~!,all b~ deemed prima facie evidence of the killing or taking of the mammal, bird, or egg3, as tile case may b:::, contrary to the provIsions of this Ordinance. Provided, hcwever, that this

section shall not be construed to prevent the exposure and cJering for s:1l~ of the carca:s~s, or any part of them, ot mammals killed during the "opei; season," for a period of sixty (60) days after the beginning of the "close season."

(4) N 0 pe~·sol1, other than a person licensed under S~ction 22 hereo f, shall sell to any licensed dealer any such mammals or any part thereof after the expiration of twenty (20) days from the commencement of the "close season."

(5) No person, except as herein otherwise provided, shall sell or expose or offer for sale at any time of the year any meat of any mammal or any bird mentioned in

Section 4 of this Ordinance killed during the "close season." SEARCH Wr\RRANT MAY ISSUE IN CERTAIN CASES 33. Any Justice of the Peace, upon proper information that there is reason to suspect that a breach of any of thc provisions of this Ordinance has been committed, or that any pelt of any fur bearing animal or any beast, bird or eggs, or any part of any beast or bird in respect of which sllch a breach has becn committed, is likely to be in any tent, or on any premises, or on board of any vessel, or at any other place, may by warrant under his hand authorize any Constable to enter and search any such place, and, if fou:ld.

THE YUKON GAME ORDINANCE 17 to seize any such "pelt, beast, bird or eggs, or any such part <of any beast or bird, to be dealt "with as provided in regard to any pelt, beast or bird which has become confistated "under any provision of this Ordinance. FEl\'IAl.ES "WITH YOUNG PROTECTED 34. No person (including Indians and Eskimos) sh"all at any time, take, kill or molest 'any female "moose, ca"tibou, deer, mountain sheep or mountain goat with" ycung at foot, or any of the young at foot of thesema"mmals. WI"IEN IN DIRE NEED OF GAME FOR FOOD 35. Notwithstanding anything in

Section 4 of this Ordinance, any Indian, Eskimo or any explorer, surveyor or prospector who is engaged in any exploration, surveyor mining operations or other examination cif the Yukon Ter ritory if in dire need of game for food, may at any time of year take or kill any of the game mentioned in Sub-sections (

h) and (

j) of

Section 4 of this Ordinance, or any game not protected by this Ordinance. Every person (including Indians or Eskimos) who kills game under this

section shall report as soon as practicable to a game officer the number and kind of game taken and furnish such other in formation relating to the killing as may be required by such game officer. MEAT OF ANIMALS KILLED MUST BE USED FOR FOOD 36. The meat of mammals mentioned in Sub-sectioll (

j) of

Section 4 lawfully killed in the "open season" must be used for food purposes and the person taking the same who does not use the meat thereof for food himself or cause the same to be used for food or does not offer the same for sale in some m;~rket within the Yukon Territory during the period as otherwise provided in this Ordinance, shall be guilty of an offence and liable to a penalty not exceeding Five Hundred ($500.00) Dollars, and, in default of pay"· ment, to imprisonment for a period not exceeding th ree

(3) Fenuiles with young not to be taken" G~lme IJ'Hl)~ he taken by cp.)"taln peri;ons "'hen in di .. ~ need of food. Mcat of nnlmnls killed must be used fOl" food"

(-e'."nl i'ts l& Cake game (01" ,.;:::Ienllfic tJtll~pose~ I:Clur'n ut P(~l·nlltS'. Galll~, hol"nR, pelts. etc., rIOt to b<.> ~hip)Jed from 'I'en'itol'Y without \>Cl'Illlt, SeiZ111"c or I;'un,.;. U'.lpS, i),)a l:-:. ~tc. f.S THE YUKON GA1\'IE ORDINANCE' months. 'nlis

sectIon shall also apply to those licensed tcp hunt under the provisions of

Section 22 of this Ordinance"_ PERMITS TO: TAKE GAME FOR SCrENTIFIC PURPOSES 37. (

I) The Controller or any officer authorized by him may issue a permit to any person to take the eggs 01- nests of non-migratory birds for scientific purposes, or a permit to take or kill game for scientific purposes or for any public park or Zoological garden. Each pennit .shaH s::t cut the name, addl'ess and calling of the person to whom It is issued, the purpose for which it is issued and the num, ber of specimens to be tukeLl thereunder. llle permit shall' not be transferable.

(2) Such permits shall be returned to the Controller within sixty (60) days of the expiry date, together with :r. statement by the perll1ittee setting forth the numbers and kinds of game taken under its authority. PERMIT TO SHIP OR REMOVE G/\;VIF: 38. Except under permit from the Controller or an officer authorized by him. no person shall ship or remov~ from the Yukon Territory the meat. horns or the raw pelt of any moose, deer. caribou, mountain sheep or mountain goat, or any mammal not protected by this Ordinance, SEIZIJ RE OF GU NS, TRAPS, BOATS 39. (

I) All guns, ammunition. traps, boats, skiff. canges .. punts and vessels of every description, horses, dogs, wagons, sleighs 01' other conveyances and other outfits, decoys. and appliances, and materials of every kind used in viol;tion of o'r for the purpose of violating this Ordinance, or any Regulations, may be seized upon view by any game officer or game guardian, or taken and r::-emoved by any person appointed for such purpose by a game officer or game gual'dian, for delivery to a Justice of the Peace,who may order such chattels to be held pending the payment of any penalty for any offence committed.

""If-rE "YUKON 'GAl\m ORDINANCE 19 'SEIZURE OF GAME (2) (-

a) Any 'game taken, caught, killed or had in;;~.~.,·e of !posseSSIOn, In violation of this Ordinance, or any Regula- ttion, and,- Cb) Any pOison, :ammunitlon, explosives, traps, snares, spring-guns, firearms., and other implements, appliances and contrivances., the use of which is pro hibited under the prov.isions of this Ordinance.; may be seized on view by any peace officer, game officer or game guardian, .and shall be for.feited to the Yukoll Terri· :tory to be disposed of by the Controller by public .auction., ·or in such public manner as he deems advisable, the proceeds thereof to form part of the General Revcllue .Fund of the Territory. USE OF POISON 40. (

I) No hunter or trapper, induding native In dians or Eskimos., shall have in possession any poison com pounds of stryc'hnine, arsenic, phosphorus, antimony, baruim, the cyanides, corrosive subli'mate, or any other poison capable of being used for killing fur-bearing or game animals. Possession shaH include presence of such poisons in camps, c.abins, buildings or boats occupied by hunters, trappers, native Indian!: or Eskimos.

(2) It shall be unlawful for any perso'n to use any poison as mentioned in Sub-section 1 of this

Section for the purpose of taking or killing any beasts or birds of any kind whatsoever, and the fact that a person places -any poison 01' poisonous 'substance in such a position that it may be reached by any beast or bird shall be proof that it was used for such purpose and such placing of poison shall be dee'med an offence against the provisions of this Ordinance.

(3) Any game officer, game guardian or constable or other peace officer, who has reasonable grounds to suspect that any person has used poison for the purpose of taking or killing game, or has poison in his possession, may, in 'Seizure of ·polson. ammunition. ·etc. PosSession 'or polMn Pl'ohibited. lJSe of poison p'roh) »; tee\. Oame Guardians may ~earch for poison.

flljury to' fJca,"er dams' "ne! use of fircarms In hunting hea\·eL .... Sho:>t1ng of' muskrats with shotgun,.. IJI'ohihlte<1, (jse of hatlerles, etc" prohibited, 'rl'ap>l, etc" to be sprung before c\o"e f;'eason. TI':q.S' nut to be used in clo:-::;e season. 2,0 THE YUKON GAME ORDINANCI': search of poison, enter all)' premi'ses or tent or board allY vessel or conveyance of any common carrier' or search any kit; parcel, chest, box, receptacle, outfit or other belongings; of such person., rN.jURY TO BEAVER DAMS OR HOUSES OR IVIUSKRAT HOUSES; FORBIDDEN AND USE OF FIREARMS IN HUNTING 41.

(1) It shall be unlawful to dig up, injure or destroy any beaver dam, beaver house or runway, or musk rat house unless such injury or destruction becomes' neces- sary- in the carrying on of bona-fide mining opc;'ations or in the course of driving timber on any stream_

(2) Ne perwn shall at any time hunt or' attempt to kill any beaver by means of any spear or similal- device 01" any shotgun, pistol, or riHe and the shooting of muskrats' with shotguns is prohibited. This provision shall apply to Indian~ as well as to other persons, USE OF Bt\"ITER~ES AND OTI-II~R CONTRIVANCES FORBIDDEN 42. None of the contrivances for taking ai' killing fowl, known as batteries, swivel guns or sunken punts, shall be used at any time of the year, to take, destroy or kill any of the bi rds mentioned in this Ordinance, or any other species of wild fowl. TRAPS TO BE REMOVED OR SPRUNG 43.

Any person using traps or other contrivances for trapping, taking or killing game shall remove or spring the same before the "close season" and no person shall set or re-set during the "close season" any trap or contrivance used in connection with the tr<1pping, taking or killing of any animal protected by this Ordinance. USE OF TRAPS IN CLOSE SEASON 44. Except under permit from the Controller or any officel' authorized by him, no trap or contrivance shall be used during the "close season" for the capture of coyotes,

THE YUKON GAME ORDINANCE 21 wolves, wolverines, or other predatory animals not pro tected by this Ordinance, but predatory animals maybe shot at all times. DISPUTES REGARDING TRAP LlN ES 45. Any dispute relative to rights in location of trap lines may be decided by the game officer or game guardian of the District. If the decision is appealed, it may be taken before a Justice of the Peace. Any person, who fnils to abide and comply with the deCision of the said Justice of the Peace shall be guilty of an offence and shall be liable, Oil

summary conviction, to a fine not exceeding One Hundred ($100.00) Dollars, nor less than Five ($5.00) Dollars, or to imprisonment for any term not exceeding two (2) months, or to both fine and imprisonment. CONTRACTS WITH INDIANS OR OTHERS 46. No one shall enter into any contract or agreement with or employ any Indian, Eskimo, or other person, whether such Indian or person is an inhabitant of the Terri tory or not, to 'hunt, kill, or take contrary to the provisions of this Ordinance, any of the beasts or birds mentioned in this Ordinance, or to take, contrary to such provisions, any eggs, nest, or part thereof.

APPLICATION FOR FUR 'FARM LICENSE 47. No person shall enage in the business of farming fur-bearing animals in the Yukon Territory or possess them for propagation purposes without first having obtained a fur farm license. The application for a license shall set out the name and address of the applicant, a description of the location of the fur farm and the means by which the fur bearers are to be secured. LICENSE FEE 48.

If there is no valid objection to the establishment of a fur farm at the location described in the application the Controller, or any officer authorized by him, may, in his Game Gpardlan may settle dlsputes regarding tnip lines. Contracts 'with Indians to kill game con trary to pl'ovlslons of Ordinance prohibited. Fur Farm Licenses. Issue of Fur Farm License.

22 THE YUKON Gt\ME ORDINt\NCI!: discretion. issue a fur farm license to the applicant therefor Pce. I'he fee for a fur farm license shall be Five ($5.00 J Dollars. Llcensc 10 exph'c 011 ;{Oth June. Heno",,,!s of LIC'enses. T ... ~S'passlng On F,II' ...... anns I'I'"hlbiteil. D()g~ found In ellelo!'l.11'2S IlHLY be killed. Hceol'{]s to he ke!lt bv holde)'s of F'ur Fal'nl I.Accnsc~. EXI'IR\r DATE OF J.[CENSE AND RENEWAL 49. (

I) Any such license shall expire on the 30th day of June next following its date of issue, and any licens~ issued during the month of June in the year 1938 shall expire on the 30th day of June in the yeal- 1939_

(2) Upon proof that the holder thel-eof has complied with all the pro\risions governing the issue of such lic.::nsc, the Controller or such officer authorized by him may issu:: renewals thereof {rem year to year. The fee for a renewal license shall be Two ($2.00) Dollars. TRESPASSING I'ROHIBITlm 50.

No person except a Game Guardian shall, without the consent of the owner of a ranch or enclosure where fur bearing animals are kept in captivity for breeding purposes. enter upon such private grounds or within twenty-five yant; of the pens or Jens of such animals upon which notices for bidding trespassing on the premises are posted so as to b: plainly discernible at the said distance of twenty-fi,'e yards. Provided, that where such dens or pens are located within twenty-five yards of a public highway, the rights of the public to lIse such highway shall not be restricted. DOGS MAY BE KfLLED 51.

The owner or caretaker of fur-bearing animals kept on any premises for breeding purposes pursuant to a license issued hereunder may kill any dog found in th-e enclosure in which such animals are kept and there giving tongue or otherwise terri fying the said animals. INSPECTION OF RECORDS 52. The holder of a Fur Farm Lcense shall keep book~; and records which shall correctly set forth at all times the totnl number of fur-bearing animals in his possession, and

THE YUKON GAME ORDINANCE 23 full particulars in respect of all animals bred, purchased, or acquired, and the licensee shall at all reasonable hours allow any Game Guardian to enter and inspect the premises where operations are being carried on hereunder, and to inspect the books and records of such licensee relating thereto. RETURN'S TO BE MADE YEARLY 53.

The licensee shall on the 30th day of June in eac~l year make a return in triplicate to the nearest Game Guar dian, showing the number of each species of fur-bearinJ~ animal in his possession, the number born in captivity, the number disposed of during the preceding year, and the narnt:s and addresses of the purchasers: LICENSES NOT TRANSFERABLE 54. No license issued hereunder shall be transferable without the written approval of the Controller first had and obtained .. LICENSE MAY BE CANCELLED 55.

The Controller may cancel any license issued here. under for failure to comply- with any of the terms or condi tions of the license, or of this Ordinance, and may in his discretion refuse to issue any further license to the person whose license has been so cancelled. SHIPMENT OF PELTS 56. The pelts of animals raised in captivity shall be subject to the provisions of "The Fur Export Tax.Ordill. ance. " PERMITS TO TAKE ANIMALS FOR PROPAGATION PURPOSES 57. No person shall take or trap any game for propa gation purposes except under authority of a permit from the Controller.

The permit shall set out the address and calling of the person to whom it is issued, the purpose for which it is·issued, and the number of each species to be taken under its authority. Yearly returns to be made by r ..... icensee. License tra rrsferable only on written aJ)J))"o,-al of Controller_ License may be cancelled 011 failure to comply with provl~lons 01 Ol'cllnance. Shipmcll t of pelts. Permlt~ to take animals Cor prop"ga lion purpose,,_

24 TI-IE YUKON GAME ORDINANCE PERMfT FEES Permit fee,;-. 58. The fees for such a permit when issued to the Free permits In eel'tain c:,:-;es. PCl'Illit to exp0l't fur henl'e."s.

Fee COl' ll~r·mit. holder of a fur farm license shall be; For each beaver, fox, fisher, marten, mink, or otter (limit twenty-five (25) of each species) .................................................... $ 2.00 For muskrat (limit one hundred (100) ani- mals), each ... _ ..... _._ ... _ ..... _ ......... _ ........... _._ .25 FREE PERi\11TS IN CERTAIN CASES 59, Free permits may' be issued if ·the applicant is a resident Indian or Eskimo, or if he is the holder of a hunting and trapping license issued under the provisions of this Ordinance, conditional, however upon the said fur bearers being taken during the "open season" as provided by this Ordinance_ WHEN FUR BEARERS l' ... ftW BE EXPORTED 60, The provisions of Sections 58 and 59 of this Ordin ance shall apply only to those persons who have been granted a fur farm license, and no person shall enter into any agreement to secure fur-bearing animals taken under the said authority or export them from the Yukon Ten·i tory without first obtaining a permit under

Section 61 of this Ordinance. PERMfT TO EXPORT ANIMALS 61, The Controller or any officer authorized by him, may, in his discretion, issue a permit authorizing any person to take live fui·-bearing animals, and to ship or transport them from the Territory upon payment of the following fees: For each beaver, fox, fisher, martIn, mInk or otter (limit: six (6) of each species) $10,00 Muskrat (Limit: 100 animals), each.......... ,50 (Minimum number of muskrat on any permit twenty (20). Unless otherwise specified in the permit, game taken under this authority shall be secured during the "open season."

THE YUKON GAME ORDINANCE 25 (a) 'Vhen live fur-bearers are being shipped or trans ported every precaution shall be taken to prevent injury to the animals in transit. The animals shall be properly fed and cared for and shall be shipped or transported in well ventilated crates maintained in a sanitary condition. WHEN BOX TRAPS SHALL BE USED 62. The holder of a permit if permitted to take fur bearers during the "close season," shall be required to take or capture the said fur-bearers by the use of box traps or a modification of same. RETURN OF PERI'vIITS 63.

All permits issued under Sections 58 to 62, inclu sive, shall be returned to the Controller upon the expiry date of the permit, together with an affidavit duly sworn setting forth the number and kind of game taken under its authority. REPEAL OF ((THE FOX PROTECTION ORDINANCE" 64.

Chapter 38 of the Consolidated Ordinances, t 91+, regulating the exportation of foxes, and amendments thereto, are hereby repealed. PRIVILEGES OF NATIVES IN PRESERVES 65. (

I) No person, other than a native born Indian or Eskimo of the Yukon Territory, or the North 'Vest Territories, shall hunt, trap, take, shoot at, wound, molest, kill, trade or traffic for any purpose whatsoever in any area created as a game preserve in the Yukon Territory for native Indians or Eskimos.

(2) No license or permit issued under the provisions of this Ordinance shall confer the right to hunt or trap, or take game within any such game preserve. REMUNERATION OF GAME GUARDIANS 66. The remuneration of game guardians, constables and any other person or persons employed to perform any duties imposed by this Ordinance, or any regulations under it, shall be determined by the Controller. Care of animals In transit. Box traps to be used. ," I{<'!t"!",, of Permits, Fox Protection Or'<iinance repealed. Ko per:o::on:-:. other' than nati'"es to hunt In prescl'\'es. Hemunel'a tlon of Game Guardians.

Galne Guardhll1S CI11powcrcd to administer rnl ths. G'lnl" GlIHI-fllans to h,we powers of COIH<ta hieS'. Control/e. Ill.t:t~· apIJIJint pel'sons to {:.;sue lieeI1He~. Applieati'il1 of Orclina nee' to Indians. Certail1 pro\'I>liol1s to "pply la 1 '1(1 i:1I1S. Close season rnl' fUI" \)cHl'erH to apply to In<1ians. 26 TI'I E Yu KON GAME ORDINANCr·;. Mt\\' ADl\'IIN1STER UATHS 67.

All game guardians and guides shall, while acting: as such under the provisions of this Ordinance, have and" possess the powers'of a "Commissioner for' taking Affidavits: in and for the Yukon Territory," in relation to all matters: coming within the provisions of this Ordinance_ GAME GUf\RDf,\N$ Ht\VE POWERS OF CON.STABLES 68. Ever}' game guardian shall have and is hereby given all the powers of a constable for the. purpose. of this Ordinance. CONTROI.LER MAY APPOINT PERSONS TO ISSUE LICENSES 69.

(1) Except ;lS herein otherwise provided, the Controller may appoint such persons as he may deem from time to time necessary, with authority to issue licenses authorized by this Ordinance. APPLICATION OF' ORDINANCE TO INDIANS 70.

(1) This Ordinance, except as herein otherwise provided, shall not apply to Indians who are residents of the Yukon Territory, or of the North \Vest Territories.

(2) Provided, that the provisions of this Ordinance, prohibiting the killing of female animals, the sale of game that has not been killed in the "open season," the killiilg of game for purposes other than food, the use of poison, fhe export of raw hides, and as to buffalo and bison and beaver, and the penalties provided by this Ordinance fOI any violation thereof in regard thereto, shall apply to Indians.

(3) The "close season". for fur bearing animals, as provided by this Ordinance, shall apply to Indians.

THE YUKON GAl\'ffi ORDINANCE 27 PENALTY FOR OfFENCES BY OfFICERS 71 A ffi d· office I· .Penalty for . ny game 0 cer, game guar lan, or peace offences b~' who violates this Ordinance, or any Regulation, or who Offlccrs. :aids, abets, or connives at .anyviol:ation of this Ordinance, or of any Regulation, shall be liable upon

summary convic- tion tOil penalty not exceeding Five Hundred ($500.00) Dollars, and not less than One Hundred ($100.00) Dollars, or to imprisonment for any term not exceeding six :months, or to both fine :and imprisonment. REFUSING INFORMATION OR GIVING FALSE -INFORMATION 72.

Any person who wilfully furnishes false in forma tion to a game officer, game guardi'an or peace officer . respecting a violation of this Ordinance, or of any regula tion, the existence of, or the place of concealment of any game, nest, or eggs, or portion thereof, captured, killed or taken in viobtion of this Ordinance, or of any regulation, shall be guilty of a violation of this Ordinance. PENALTIES Furnishing false informa tiOll is nn .af(enc~ .... 73.

Any person who violates any of the provisions of Pennllies. this Ordinance, for which no other penalty is provided, or of any regulation, shall be guilty of an offence, and shall be liable on sumnlary conviction to: .. : .... (

a) A fine not exceeding Five Hundred ($500.00) Dollars and costs, nor less than One Hundred ($100.00) Dollars and costs, or to imprisonment for any term not exceeding six (6) months, or to both fine and imprisonment, for any offence against Sub-section (

a) of

Section 4. (

b) A fine not exceeding Two Hundred ($200.00) Dollars, nor less than Fifty ($50.00) Dollars and costs, or to· imprisonment for any term not exceeding th ree (3) months, or to both fine and imprisonment, for any offence under Sections 6 and 15.

CO:ltinement uf cnn v:cte£1 lIel'~onH in eCI't',in cases. r\ l"I'cst 011 \"ie\v. Conviction hy Justice on view, Bm'den of pl'oof on ficcnscc to III'V\'C license. But'den of IJI'oof a~ lo residence to he on accused, 28 THE YUKON GAME ORDINANCE (

c) A fine not exceeding' One Hundred ($100.00) Dollars and costs, nor less than Five ($5.00) Dollars and costs, or to imprsoniment for any term not exceeding two (2) months, or to both fine and imprisonment for any other offence against this Ordinance. 74. \Vhen, because of the distance, or for want of conveyance or communication, or for any other cause, it is not cOllvenient to confine any convicted person in the nearest gaol, or otller p:ace of confinement, the convicting authority shall have power to confine such person in any suitable build ,ing which is more convenient to the place of trial, and to ,take all necessary precautions to prevent his escape there- from.

ARREST ON VIEW 75. Any person found committing an offence against this Ordinance may be :lrrested on view by any game officer, ga~/e guardian or peace officer. JUSTICE MAY CDNVICT ON VIEW 76. Every Justice of the Peace may, upon his own view, convict fo\' any offence against this Ordinance or a regula tion. BURDEN or PRoor AS TO LICENSE 77. (I) 'Whenever by this Ordinance it is made an oitence to do any act without holding a license therefor, the onus in any prosecution shall be upon the person charged, to prove that he was the holder of the license required by this Ordinance.

(2) In any prosecution under this Ordinance the onus, of proof as to his bona fide residence in the Yukon Territory shall be upon the defendant.

TI-IE YUKON GAME ORDINANCE 29 LICENSE MONIES AND FINES TO FORM PART GENERAL REVENUE FUND 78. All monies received from licenses or permits issued under the provisions of this Ordinance, and all fines result ing from convictions under this Ordinance shall form part of the General Revenue Fund of the Territory. CONTROLLER MAY MAKE REGULATIONS 79. The Controller may from time to time make such rules and regulations, not in.consistent with the provisions of this Ordinance, for die carrying out of the true intent and meaning thereof as are found necessary or deemed expedient by him. Controllel' may make I'egulatlons. 80.

Chapter 1 of the Ordinances of 1920 respecting Chap. 1 of the preservation of game, and amendments thereto, are !~~n~~ents hereby repealed. I'epealed.

Library property may be exempted by CommIs sioner. 30 THE ASSESSMENT ORDINANCE, AMENDMENT

CHAPTER 2 AN ORDINANCE TO AMEND "THE ASSESSMENT ORDINANCE." (Assellted 10 f\IIay bd, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The Assessment Ordinance, being

Chapter 5 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding the following immediately after part (

m) of

Section 4 of the said Ordinance: "(

n) Lands, improvements and personal property occupied or used by a library or other institution con· ducted for the public benefit, whenever the Commis sioner shall certi fy that such institution is entitled to the benefit of exemption hereunder."

TI-IE DENTAL ORDINANCE, AMENDMENT 11

CHAPTER 3 AN ORDINANCE TO AMEND "THE DENTAL ORDINANCE." (Assented to May 2nd, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. Sections 8 and 9 of "The Dental Ordinance," being

Chapter 7 of the Ordinances of 1920, are hereby repealed. 2. The said Ordinance is further amended by adding thereto immediately after the word "section" in the tenth line. of part (

a) of Sub-section (2) of

Section 10 of the said Ordinance as enacted by

Chapter 6 of the Ordinances of 1937, the following: "and provided further that the Commissioner may permit a resident practitioner to be absent from the Territory for a period not exceeding three months in any year if there is another qualified dentist resid ing in the Territory during such period." CommIs sioner may permit resident dentist to be absent 3 mOllth~.

Judge may appoint Public Admlnlst"a tor to be guardian of estates 0: persons incapable of managing thclr affairs b~f reason of <lIsease. age. etc. 32 INSANE PERSONS ORDINANCE, AMENDMENT

CHAPTER 4 AN ORDINANCE TO AMEND" AN ORDINANCE RESPECTING INSANE PERSONS." (Assellted 10 Ma)1 2nd, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "An Ordinance respecting Insane Persons," being

Chapter 46 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding thereto the following immediately a fter

Section 5 of the said Ordin- ance." . "6. In the case of a person who has not been found insane under this Ordinance, but with regard to whom it is proved to the satisfaction of a Judge in Chambers, by affidavit or otherwise, that such person is, through mental infirmity arising from disease or age or otherwise, incapable of managing his affairs, such Judge may by order appoint the' Pubiic Administrator to be the guardian of the estate and effects of such person with like powers as in the case of a pe rson adj udged to be insane."

THE MARRIAGE ORDINANCE, AMENDMENT 33

CHAPTER 5 AN ORDINANCE TO AMEND" THE MARRIAGE ORDINANCE." ( A ssellled 10 M ay 21ld, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Marriage Ordinance," being

Chapter 60 of the Consolidated Ordinances of the Yukon Territory, 19l4, is hereby amended by adding the following immediately after the word "him" in

Section 8 of the said Ordinance: "and shall endorse thereon the date and hour of issue. It shall be unlawful for any person to perform the ceremony of marriage in pursuance of such license inside of twenty-four hours after the time of issue so endorsed as above." Ceremony not to be performed within 24 hours of time of Issue of license.

Perlud of Jla~-ments (or tempo.-a r)' disability. 34 COI\IPENSATION OEDINANCE, AMENDMENT

CHAPTER 6 AN ORDINANCE TO AMEND" THE WORKMEN'S COMPENSATION ORDINANCE." (Assenled 10 ]\I[ay bd, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The \Yorkmen's Compensation Ordinance," being

Chapter 1 of the Ordinances of 1917, is hereby amended by striking out the word "six" in the fifth line of

Section 4 in the First

Schedule to the said Ordinance, and substituting therefor the word "twelve."

DESERTED \VIVES MAINTENANCE ORDINANCE 35

CHAPTER 7 AN ORDINANCE RESPECTING THE MAINTEN- ANCE OF WIVES DESERTED BY THEIR HUSBANDS (Assented to May 2nd, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: PRELIMINARY 1. This Ordinance may be cited as "The Deserted Shol't title. \Vives Maintenance Ordinance." 2. For the purposes of this Ordinance: A wife shall be deemed to be "deserted" if she is living apart from her husband: (

a) Because of his assaults or other acts of crueltr toward her or her children; or (

b) Because of his refusal or neglect, without sufficient cause, to supply his wife or to supply his wife and their infant children (if any) with food, clothing or other neces sarles: A wi fe sh all" be deemed to be "desti tute" when she is in necessitous circumstances because of her husband's refusal or neglect, without sufficient cause, to supply her or to supply her and their infant children (if any) with food, clothing and other necessaries: Intcl'IJl'eta tion.

Complaint and summons. Subs ltutecl ~el"\"lce of ~lInlnlons.

Hearing and ol"del" for pa~"ment of Inoney. 36 DESERTED VVIVES l\1AINTENANCE ORDINANCE "lVfagistrate," where the husband of a deserted or destitute wife resides within the Yukon Territory, shall mean any Stipendiary Magistrate, Police Magistrate or two Justices of the Peace or a person or official having the jurisdiction or autllority of two Justices of the Peace, having jurisdiction in the Yukon Territory. 3. (1) "There a wi fe makes a complaint, whether orally or in writing to a Magistrate that she is deserted or destitute, the Magistrate may issue his summons requiring her husband to appear at a time and place mentioned in the summons and show cause, before such lVlagistrate as may then ann there be present, why the husband should not be ordered to pay to his wife a sum sufficient for her main tenance or sufficient for her maintenance and the mainten ance of their infant children (if allY).

(2) In case it is made to appear to the Magistrate by whom any summons has been issued under this

section that prompt personal service of the summons cannot be effected the IVlagistrate may make such order for substituted or other service, or for the substitution of notice for service, by letter, public advertisement, or otherwise as may be just" 4. (1). 'Vhether the husband does or does not appear in obedience to the summons l the i\lfagistrate present at the hearing may, upon proof of the service or substituted ser vice of the summons, proceed to inquire into the matter of the complaint at the time and place mentioned in the summons, and may examine on oath as well the wife and her husband as also all witnesses whom the Magistrate tl'inks requisity; and the Magistrate, if satisfied on the evicience that the wife is deserted or destitute .within the meaning of this Ordinance, may order that the husband pay to his wife, for her maintenance or for her maintenance and the maintenance of their infant children (if any) such monthly sum, not exceeding two hundred dollars, as the j\<~ ar;;st"i'ate may consider to he in accordance with the means ef the husband and any means the wife may have.

The order shall also fix the amount which the husband shall par

· DESERTED '''IVES MAINTENANCE ORDINANCE 37 as the costs of and incidental to the summons, hearing, anu crcler, including witness fees, and shall specify the date upon which the first monthly payment and the costs are to be paid.

(2) In case the wi (e is possessed, in her own right, of separate property sufficient for the comfortable mainten ance of herself and of the infant children (i f any), no order shall be made under this

section for the payment to her of any sum in excess of one-half of the amount necessary for the maintenance of the infant children.

For the purposes of this section, where the husband and the wife are each posses$ed of means sufficient for the maintenance of th~ir infant children, the obligations of the husband and the wife to contribute towards such maintenance shall be equal. 5. vVhere an order for the payment of money has been made under this Ordinance, then, upon the application from time to time of either the husband or the wife, or any person entitled to make complaint on behalf of the wi fe, under this Ordinance, and upon proof that the means or circumstances of the husband or the wife or the needs of the infant children (if any) have been altered since the making of the original order or any subsequent order varying it, any Magistrate may vary or rescind the original order or any subsequent order so made. 6. (

I) No order for the payment of money shall be made in favor of a wife who is proved, to the satisfaction of the Magistrate hearing the complaint, to have committeu adultery, unless the adultery has been condoned.

(2) Any order for the payment of money may be rescinded by any Magistrate upon proof to his satisfaction that the wife since the making of the order has committed adultery, unless the adultery has been condoned.

(3) A finding by any Magistrate that adultery has been proved shall not be evidence of the adultery except for the purpose of proceedings under this Ordinance. Order where wife possessed of separate 1)I·operty. Powcr to ca rry ord~r. J>1·occedings halTed by lIdultery of wife. Powcr to rescind order on ground ot adultery. Effect of finding as to ad ul tery.

Protection of Inf"nt children. Pl'o\'i~I')n ro,. "r"'" te heal·lng-.

Ellro,.:::~ment of ol"<le,. by ..,>:('cution. negIRtrl~t!,:,n of order {lg"[(ln.-H lr..nds and mlllin"~ IH·opel·ty or hll!"hand. 38 DESERTED \VIVES MAINTENANCE ORDINANCE (4) \\There the making of an order for the payment of money in favor of a wi fe is barred by this section, or where an existing order is rescinJeJ under this section, the Nlagistrate, either on the application of the wife or of any person entitled to make complaint on her behalf under this Ordinance, may make an order for the payment of. money by the husband for the maintenance of the infant children (if any), or in favor of any person ha'v-ing at the time the care or custody of the children, and every order so made shall be enforceable at the instance of the persons in whose favor it is made, in the like manner as orders made under this Ordinance in favor of a wife are enforceable. 7.

Any case anslllg under this Ordinance may, In the discretion of the Magistrate, be heard in private. ENFORCEivlENT OF ORDERS 8. At the request of the wife or of any person entitled to make complaint on behalf of the wife under this Ordin ance, the lVI agistrate by whom an order is made under this Ordinance or any other lVI agistrate shall issu~ a warrant or warrants of execution upon default of payment of any monthly sum or costs so ordered to be paid.

Every execu tien shall be for the recovery of the sum awarded, together v .. ·ith the costs and fees of the execution, and shall be executed in like manner as an execution under the "Judica tu,te Ordinance." 9.

(1) Every order for the payment of money made under this Orrlinance shall, upon the deposit of a copy of the order certified by the Magistrate by whom the order was made, in any Land Registry Office in the Territory or in the office of the Gold Commissioner or in the office of any mining recorder, shall form a lien and charge on all the lands, mining claims and mineral claims of the husband in the land registration district or mining district in which the same is registered.

DESERTED \\lIVES MAINTENANCE ORDINANCE 39

(2) Every order so registered shall be deemed to be a judgment within the meaning of the "] udicature Ordinance" and the wife and any person entitled to make complaint on her behalf under this Ordinance may pursue the same remedies for the recovery of any amount due thereon anci all costs as if the order were a judgment of the Territorial Court of the Yukon Territory. 10.

(1) In case of non-payment by the husband of any sum ordered to be paid by any order made under this Ordinance, and when and so often as any payment so ordered is in arrear, any lVIagistrate may issue his summons commanding the husband to appear at a time and a place mentioned in the summons and show cause, before the Magi5trate issuing the summons or such other Magistrate as may then and there be present, why the order should not be enforced.

(2) Upon proof of service of such summons on the husband, either personally or in such other manner as the Magistrate may in writing direct, the Magistrate may: (

a) If the husband fails to appear in obedience to the summons·; or (

b) If he has disposed of any of his property since the date of the order for payment; or (

c) If he fails to satisfy the Magistrate that he is unable to pay the amount ordered to be paid and in arrear, by order enforce payment of the amount so in arrear by the like proceedings, including imprisonment, as, under

Part XV of the Criminal Code of Canada relating to

Summary Convictions, are applicable in the case of a pecuniary penalty, compensation, or sum of money adjudged or ordered to be paid by the conviction or order of a Justice of the Peace. ATTACHMENT OF DEBTS 11. Any Magistrate may, upon the ex parte application of a wife entitled to enforce any order for the payment of money made under this Ordinance or said Act, or of any ReglsteretT order deemed to be a judgment. Summons· to husband on default of payment, Enforcelllcj~ .. of order· hy Summal':/ Proceed i :lg:-;. Garnishing O,'der,

Anlollnt limlled. Proceed i W' to enforc." paymenl ilgatn~t g:lI·nishee.

DIHchargc of '.i"a,'nlshee. 40 DESERTED \VIVES MAINTENf\NCE ORDINANCE person entitled to make complaint on her behalf under this Ordinance, upon affidavit that an order for the payment of money has been made and that it is still unsatisfied, and to what amount, and that some other person is to the best of the deponent's belief indebted to the husband of such wife, and that such person is within the jurisdiction of the Magis trate, order that all debts, obligations. and liabilities owinlJ, payab~e, or accruing due from that other person (herein a fter called the "garnishee") to the husband be attached to answer the order for payment; and service upon the garnishee of the garnishing crder shall, from the time of service thereof, bind such debts, obligations, or liabilities in the hands of the garnishee. 12.

In the garnishing order the amount attached shall be limited to the amount actually due by the husband, along with a reasonable sum for costs. 13.

If the garnishee admits his indebtedness to the husband, he shall forthwith pay to the Magistrate or to the wi fe, or to her solicitor, the amount of the indebtedness to the husband or the amollnt limited hy the garnishing order ~ but if the garnishee does not forthwith pay to the Magis trate or to the wife, or to her solicitor, the amount of his indebtedness to the husband or the amount limited by the g:arnishing order, or if the garnishee disputes any indebtedness to the husband, the wife or any person entitled to make. complaint on her behalf under this Ordin ance may take the like proceedings as are prescribed in the "Judicature Ordinance" in similar cases; and for the pur pose aforesaid the proceedings may be transferred to the Territorial Court of the Yukon Territory and the amount claimed against the husband under the garnishing order shaH be deemed to be a judgment of the Territorial Court. 14.

Payment by the garnishee to the lVIagistrate, or to the wife, or to her solicitor, or payment into the Territorial Court in compliance with an order of a Judge thereof, shall be a valid discharge of the garnishee as against the husband to the extent of the amount paid.

DESERTED \VIVES MA1NTENANCE ORDINANCE 41 15.

(1) In this

section "Government Employee" means any officer, clerk or employee holding office or employed under any branch, institution or department of the Territorial Government, at a salary or for wages pay able from the public moneys of the Territory.

(2) Moneys owing, payable or accruing due from the Territorial Government as salary or wages to any Govern ment employee may be attached under the provisions of this Ordinance.

(3) Service of all garnishing orders, notices and pro cess required to be served on the Territorial Government as garnishee shall be effected by serving the same upon the Territorial Treasurer, or by leaving the same for him at his office" in Dawson.

(4) In all proceedings under this Ordinance to which the Territorial Government is a party it shall be lawful for' the Court or Judge to pronounce a judgment or to make an: order or direction as to costs in favor of or against the' Territorial Government. APPEAL 16.

(1) Th~ provisions of

Part XV of the Criminal Code of Canada, relating to

Summary Convictions as to appeals, and the proceedings therein and incidental thereto, shall apply to any order made under the provisions of this Ordinance except that, where the husband is the appellant, proceedings on the order appealed from shall not be stayed pending the appeal, and he shall pay all costs of the appeal, and, where the wife is the appellant, no bond or security for the costs of the appeal shall be required.

(2) In addition to all other provisions of this Ordin ance for the enforcement of orders, any order of a lVIagis trate for the payment of money to a deserted or destitute wife under the provisions of this Ordinance may, if affirmed on appeal, be enforced with costs by process of the Ten·i torial Court. A ttnchment of salaricK 01 Governnlcnt Emplnyee~. ProyisiollS (l~ to appea\.

Costs. FOl'ms. ]~~l1C of ,'\Imrnons by one .TuRlIcc. . SC1',"ice. Ko IImlta llr,n as to lime of I eglnnlng pl·oceedlngs. Hu"band and wife compe ... ter,t ;tnd cnmJ)()lIable wltneRfies ill all JlI·oceedings. 42 DESERTED \\7 IVES MAINTENANCE ORDINANCE GENERAL PROVISIONS 17. The costs of garnishee proceedings under this Ordinance shall be the same as are allowed in the Territorial Court in similar cases. The costs of all other proceedings under this Ordinance shall be the same as are provided for similar proceedings by

Part XV of the Criminal Code of Canada, relating to

Summary Convictions. 18. The 'forms of summonses, orders for the payment of money, and garnishing orders issued in pursuance of thi~ Ordinance may be the same or to the like effect as the respective forms contained in the Schedule. 19. \Vhere any matter is to be heard under this Ordinance by two Justices of the Peace, the complaint may be made to and the summons issued and an order for sub stituted or other service, or for the substitution of notice {or service, made by one of them . 20. Surnmonse~ and orders issued in pursuance of this Ordinance may be served in the manner provided for service of ~ummonses under

Part XV of the Criminal Code of Canada, relating to

Summary Convictions or as provided in this Ordinance or as the Magistrate .may direct. 21. Any complaint under this Ordinance may be made and any proceeding under this Ordinance other than appeals may be begun at any time, notwithstanding anything con tained in

Part XV of the Criminal Code of Canada, relating to

Summary Convictions. 22. Notwithstanding ;lny statute or law to the contrary, in all proceedings under this Ordinance, including all appeals from any order made by a Magistrate thereunder, both the wife by whom or on whose behalf complaint is made and her husband shall be competent and compellable witnesses to testify for or against ea::h other. and to disclose any communication made by either of them to the other during their marriage.

DESERTED "VIVES MAINTENANCE ORDINANCE 43

SCHEDULE "DESERTED WIVES' MAINTENANCE ORDINANCE" Summons Yukon Territory} To .......................... (name of husband) of .......................................... (address) ........................................ (occupation) \Vhereas, your wife, ...................... (or ...................... , on behalf of your wife), has this day made a complaint under the above Ordinance, for that you have deserted your wife (or caused her to become destitute) ; These are, therefore, to require you to be and appear aL .............................. ~. in the Yukon Territory, en .................... , the .................... day oL. .......................... , 19 ...... , at the hour oL ............ o'clock in the ........ · .... noon, before such Magistrate as may then and there be present, and show cause why you should not be ordered to pay to your wife a sum sufficient for her maintenance (and for the maintenance of your infant chlidren) .

As witness my hand and seal aL .......................... , in the Yukon Territory, this .................. day oL. .................. , 19 ..... . Magistrate (or Justice of the Peace) in and for the Yukon Territory.

44 DESERTED \\llvES 1\1 AINTENANCE ORD!NANCE IiDESERTED WIVES' MAINTENf\NCE ORDINANCE" Yukon Territory ( Order ...................................... (name of wife) vs. To .......................... {name of husband) .......................... , 19 ...... {date of order) Upon reading the summons herein duly served and upon hearing the evidence adduced, and it appearing that thc above-named wi fe .............................................. is entitled to the benefit of the above Ordinance, ................................

Jo order that the above-named husband ................................ do hereafter pay to his said wife for her maintcnance (and the maintenance of their infant children) the sum oL .............. . dollars a month; the first of such payments to be made on the ........................ day· of .......................... , 19 ........ , and that he also on said date, in addition to the amount of the first payment, pay the sum of.. .......................... dollars for costs. As witness .................... hand and seal at ........................ . in the Yukon Territory. A Magistrate in and for ~he

DESERTED VVIVES MAINTENANCE ORDINANCE 45 ({DESERTED WIVES' MAIINTENANCE ORDINANCE" Summons to Show Cause Yukon Territory~' To __________________________ (name of husband) of __________________________________________ (address) ________________________________________ (occupation) \¥hereas, on the ____________________ day oL __________________ , 19 ______ , you were ordered to pay to your wife for her maintenance (and the maintenance of your infant children) the sum oL __________________________________ dollars a month, and there is now in arrear the sum oL ________________________ dollars which you have failed or refused to pay: These are, therefore to command you to be and appear aL ____________________________________________ , in the ________________________ oL ____________________ , in the Yukon Territory, on the __________________ day oL ______________ , 1 '} ______ . at the hour ____ " _________ _ o'clock in the ____________ noon, before such Magistrate as may then and there be present, and show cause why the order should not be enforced_ As witness ________________________ hand and seal at ___________________ , in the Yukon Territory, this ______________ day oL ____________ , 19 _____ _ A Magistrate in and for the

46 DESERTED \VIVES MAINTENANCE ORDINANCE "DESERTED WIVES' MAINTENf\NCE ORDINANCE" Affidavit in Support of Garnishing Summons Yukon Territory i ...................................... (name of wi fe) vs. To .......................... (name of husband) 1, ...................................... of ................................ , make oath and say as follows: 1. I am ............................................................................... . 2.

On the ........................ day oL ........................ 19 ...... , an order was made by .................. for the payment to ............... . by the above-named ...................... of the sum oL ................. . dollars a month, and the sum oL ............................... dollars for costs. 3. There is now due and in arrear the sum of ................... . dollars which the above-named ........................................ has failed or refused to pay. 4'.

I am informed and believe that .................................. is indebted, under obligation, and liable to the said ................. . and that the said ............................ is within the jurisdiction of ............................................... . fnw~~~ ~u~~~··T~;;:i·~~~~; l ~.~.i.~~~~~ ~ ~ ~:::::: :~~::; ... ~;:. ... ~.~ ~ .................................................... . before me ..................... .

DESERTED \VIVES MAINTENANCE ORDINANCE 47 "DESERTED WIVES' IVIAINTENANCE ORDINANCE" Garnishing Order Yukon Territory} ........................ , ..................... (name of wi fe) vs . ........................................ (name of husband) vs . .................................... (name of garnishee) .......................................................... (date) Upon reading the affidavit oL ....................................... . sworn the ............................ day o£,. ...........................• 19 ...... , I do order that all debts, obligations and liabilities owing, payable, or accruing due from ........................................ _ ...... _ to the above-named .................................................. , but not exceeding the amount hereunder written, be attached to answer an order made by ....................... _ .................. _.on the ........................ day of .................... , 19 ...... , under the above Ordinance.

Amount in arrear ......... _ .......... $ ...... _ ........ . Costs ...................................... $ ............... . Amount garnisheed ................ $ ............... . M agistrate in and for the

St.'c. i:~ nmemlc(l. LicUI1,",cc l11a)' with I)CI'mi~sioll of Crnnnli!-l·o ~Inner he oh"ent from 'l'el"l'ltOl'Y .fOl· fnlll" mnnthi'. 48 SALE OF BEER ORDINANCE, AMENDMENT

CHAPTER 8 AN ORDINANCE TO AMEND" THE SALE OF BEER ORDINANCE." (Assented 10 j'.{a), bid, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Sale of Beer Ordinance," being

Chapter 2 of the Ordinances of 1925, is hereby amended by adding the following after the word "on" in the sixth line of S~ction 32: "and remains within the Yukon Territory." 2. The said Ordinance is further amended by adding thereto immediately after the said

Section 32 the following sub-section: "( 2) A licensee may absent himself from the Territory for a period not exceeding four consecutive months provided that before leaving the Territory he notify the Commis sioner in writing of his intention in that regard and appoint a manager to conduct during his absence the premises in respect of which the license is issued. The person so appointed as manager shall be named in the notice to the Commissioner and shall during the absence of the iicensee be responsible in every way for compliance with the provi sions of this Ordinance as if he were himself the person to whom the license had issued."

GAl\'IE PRESERVE ORDINANCE, AMENDMENT 49

CHAPTER 9 AN ORDINANCE TO AMEND

CHAPTER 1 OF THE ORDINANCES OF 1924, BEING "AN ORDINANCE TO CREATE A GAME PRE- SERVE IN THE YUKON TERRITORY FOR NATIVE INDIANS." (Assented to l'1ay 211d, 1938.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The above Ordinance is hereby amended by adding the following sub-section immediately after

Section 2 thereof: "

(2) Provided that any bona fide prospector within the area covered by the Preserve hereby created, who is the holder of a Hunting or Trapping License under "The Yukon Game Ordinance" may kill game for food purposes in the said area during the open season, with the exception of buffalo or animals usually killed for their fur. Bona fide jJrospeetor mity kill game In Preserve.

50 SUPPLY

CHAPTER la AN OnDfNANCE FOR GRANTING TO THE COM MISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY AND THE CITY OF DA WSON. ("IsseI/led 10 111(/)' 2nd, 1938.) TFltereas, It appears by Message from George Alien Jeckell, Esquire, the ControIler of the Yukon Territory. and in the Supplementary Estimates accomoanyinp; the ~ameJ that the sums hereinafter mentioned in Schedul~ "A" are required to defray certain further expenses of the Public SeiV!Ce of the Yukon Territory and the City of Dawson, and for the pUrTJoses relating thereto for the year ended March 31st, 1938; and WI/ereas, It appefl rs hy Message from Geor~e .Allen JeckeIl, Esquire, the Controller of the Yukon Territory, and in the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "B" to this Ordinance are required to defray certain expenses of the Public Service of the Yukon Territory and for the purposes relating thereto for the twelve months ending M arch 31 st, 1939; and

Whereas, It appears by Message from George Alien Jeckell, Esquire, the ControIler of the Yukon Territory, ;lnd in the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "C" to this Ordinance al·e required to defray certain expenses of the Public Service of the City of Dawson and for the purposes relating thereto for the twelve months ending March 31st, 1939;

SuPPLY 51 The Controller of the Yukon Territory, by and with the advice and consent of the Council of said Territory, there fore enacts as follows: 1. From and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in t:.c w:iOlc two hundred and fifty seven thousand nine hundred and twenty-four dollars and twenty-four cents for defraying the several charges and expenses of the Public Service of the Yukon Territory for the year ended March 31st, 1938, as set forth in

Schedule "A" of this Ordinance; and from and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in the whole five bun dred and thirty dollars and twenty-seven cents for defraying the several charges and expenses of the Public Service of the City of Dawson for the year ended March 31st, 1938, as set forth in

Schedule "A" of this Ordinance. 2. From and out of the funds at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding in the whole two hundred and eight thousand two hundred and thirty-nine dollars and twenty one cents for defraying the several charges and expenses of the Public Service of the Yukon Territory for the twelve months ending M arch 31 st, 1939, as set forth in

Schedule "8" of this Ordinance. 3. From and out of the sums at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding thirty-seven thousand dollars for defray ing the several charges and expenses of the Public Service of the City of Dawson for the twelve months ending March 31 st, 1939, as set forth in

Schedule "C" of this Ordinance. 4. The due application of all monies expended shall be duly accounted for.

52 SUPPLY

SCHEDULE "A" Further sums granted to the Controller by this Ordinance for the twelve months ending March 31st, 1938, and the purposes for which they are granted: SCHOOLS: Dawson .................................................... $ Carcross ................................................... . Auto Transportation ............................... . HOSPITALS, CHARITIES, f\ND PUBLIC HEAl.TH: Public Health and Care of Indigents ....... . GRANTS: \\7hitehorse Law Library ......................... . MISCELl.ANEOUS: Printing and Stationery ........................... .

Contingencies ........................................... . ROADS, BRIDGES, AND PUBLIC WORKS ............. . TI-IE GOVERNMENT LIQUOR ORDINt\NCE: Liquor Stores ........................................... . 657.36 30.27 50.00 8,884.80 6.75 498.08 343.91 12,423.45 235,029.62 $257,924.24 CITY OF OA WSON Fire Department ............................................ $ Streets and Sidewalks ..................................... . 258.09 272.18 530.27

SUPPLY 53'

SCHEDULE "B" Sums granted to the Controller by this Ordinance for· the twelve months ending March 31 st, 1939, and the pure poses for which they are granted: SALARI ES AND TRA VELLING EXPENSES Salaries .................................... $ Travelling Expenses ............... . 6,600.00 800.00 ---- $ 7,400.00 YUK.ON COUNCIL Sessional Indemnity and Travelling Expenses ·SCHOOLS Schools Generally .................... $ Dawson School ....................... . St. Mary's School ................... . \Vhitehorse School ................... . Mayo School ........................... .

Carcross School ....................... . Eisa Camp School ................... . Auto Transportation ............... . 4,250.00 11,310.00 3,300.00 9,580.00 3,390.00 2.700.00 2,300.00 1,800.00 1,450.00 38,630.00 HOSPITALS, CHARITIES, f\ND PUBLIC HEALTH Grant, St. Mary's Hospital ..... . Grant, Mayo Hospital ............. . Grant, Whitehorse Hospital ... . Salary, Medical Health Officer, etc., Dawson ..................... . Salary, Medical Health Officer, etc., Mayo ......................... . Salary, Medical Health Officer, etc., \Vhitehorse ................. .

Public Health and Care of Indigents ........................... . $ 35,000.00 6,500.00 5,000.00 1,200.00 300.00 300.00 27,000.00 75,300.00 Carried forward .......................... $122,780.00

54 SUPPLY Brought forward __________________________ $122,780_00 GRANTS TO LIBR .. \RIES, REt\DINC ROOMS, ETC. Dawson Library :tne! Rc:tding room __________________________________ $ \Vhitehorse Library and Read- ing Room ___________________________ _ Mayo Library and Reading Hoom _________________________________ _ Yukon Law Librai-y _________________ _ City of Dawson _______________________ _ 900.00 450.00 450.00 200.00 14,000.00 M ISCE I.L!\!\!

I·:OUS EXPENDITU RI·:S Tcrritori:tl Agent, \Vhitchorsc $ Town of \Vhitehorsc _______________ _ Territorial Agcnt, Mayo _________ _ Town of Mayo _______________________ _ Assay Office, Keno ___________________ _ Printing and Stationeqr ___________ _ Conti ngenci es ___________________________ _ Aviation Fields _______________________ _ 750.00 4,850.00 480.00 5,150.00 5,200.00 2,000.00 1,500.00 500.00 ROADS, BRIDGES, :\1\'0 PUBLIC WORKS Dawson to Millcr Creek and International Boundary ______ $ Dawson Cablc Ferry _______________ _ Hunker-Dominion and Sulphur Roads _. _______________________ . _______ _ Bonanza, Quartz and Indian River Roads _______________________ _ K!ondike RO;1d _____________ . _________ ._ Hollenbeck's to Crooked Creek Mayo to Yukon Hiver at Minto Kluane Junction to Minto _______ _ M ayo District Roads _____ _ \Vhitehorse District Hoads _____ _ 3,600.00 2,500.00 5,200.00 750.00 1,000_00 1,000.00 800.00 1,000_00 5,000.00 3,500.00 16,000.0:1 20,430.00 Carried forward ______ $ 24,350.00 $159,210.00

SUPPLY 55 Brought forward .... $ 24,350.00 $159,210.00 \Vinter Roads .......................... 5,000.00 M achinc Shop, Repairs, etc., to tractors, trucks, shovel, loader, etc., and gasoline and oils, Dawson District .... Purchase Equipment: Part payment D-7 tractor and tracdozer ...... $5,889.40 2-t'n Dump Truck 1,900.00 Sundry Roads and General Ex- pense ................................. . Total 11,000.00 7,789.40 889.81

SCHEDULE "C" CITY OF DAWSON Fire Department .............. _ ....... $ Hydrant Service ....................... . Street Lighting ....................... . Printing and Stationery ........... . Salaries ................................... . Contingencies ........................... . Streets and Sidewalks ............... . 10,211.00 13,356.00 2.550.00 300.00 1,120.00 150.00 9,313.00 49,029.21 $208,239.21 $ 37,000.00 5.

In the event of there being a surplus of ·monies standing to the credit of any item voted for Roads, Bridges and Public \Vorks after the construction or repairs pro vided for have been completed to the satisfaction of the Superintendent of '\lorks and Buildings, such surplus of monies shall forthwith on the acceptance of such works or repairs by the Controller of the Yukon Territory, be taken from said item and become part of and be added to the amount provided for Contingencies to such Roads, Bridges and Public "Vorks, and shall thereafter be at the disposal of the Controller of the Yukon Territory for Roads, Bridges and Public \Vorks.

56 INDEX INDEX 'ro Ol~DIN A:NCE~ Oh~ 1938 The ligures refel' to the top paging. "The Assessment Ordinance." amended ........................................... . Page. 30 30 Libl'al'y property may he exempted by Commissioner ........... .

"The Dental Ordinance" amended ..................................................... . 31 Commissioner may permit l'esident dentist to he ahsent thl'ee months .............................................................................. 31 "The Deserted Wives Maintenance Ordinance"................................ 35 Aciultel'y of wife bar to proceedings.............................................. 37 Appeals ................................................................................................ 41 Atlachment of debts ...................................................................... 3!J. 40. 41 Government Employees' Salal'ies ................................................ 41 Discharge from ................................................................................ 4U Enforcement of ............................................ ................... 4,) Limit of amount in .......................................................................... 40 DI'der for ............................................................................................ 42 C01111)]aiJlt ...... _ .............................. ___ .............. ____ ............. _____ ................ ;1li Hearing of and order all .......................................................... 36 No limitation or time for ...................................................... 42 One Justice of the Peace. issue of by ............................. ___ 42 Costs.

AppeaJ. of ................................................................................... . Execution, of ............................................................................. . Proceedings, of ....................................................................... . Scale of ..................................................................................... . Deserted wife, deliued ................................................................... . Destitute wife, defined ................................................................... .

Execution on ordel' by Magistrate ............................................... . Husband. Default. in, summons to ..................................................... . Execu tion against ................................................................... . Lands. etc. of. regIstration of order againsL.. ... _ ............... . Ol'ders on for maintenance ................................................... _ Summons to '\litness. as .............................................................................. . Imprisonment of hushand in default ....................... : ................. .

Infant children, PI'otection of, in case of adultel·y ............... . [n te1'l)1'eta tion ................................................................................... . JUI'isdiction of Magistrate ........................................................... . La.nds, registraUon of order agalnst. .... Maintenance, Limit of ....................................... _ .................. --.. -............ -........... . None where adultery of wife ._ ............................................. . Variation 01' rescission of order for ................................. .

Private heuI'ing by Magistrate ............................................. . Service of Process. Manner of ...................................................... _ ............................ . Substituted sel'vice, for ......................................................... .

Summary Convictions Part of Criminal Code. Application of ........................................................................... . 41 3S 36 42 35 35 3S 39 3S 3S 36 36 42 39 3S 35 36 38 3ft 37 37 38 42 42 41

INDEX Wife, Adultery of, effect of ............................................................... . Complaint by ............................................................................. . Deserted, defined ..................................................................... . Destitute, defined ..................................................................... . Sepamte propel·ty, having ........................................................... .

Game Preserve, an Ordinance to amend Chap. 1 of the DI·din· ances of 1934, heing "An Ol'dinance to cl'eate a Game PI·e· sel've in the Yukon Te .... ito .. y fo .. Native Indians ................... . Bona Fide prospectors may kill game in P .. ese .. ve ................. . Insane Person:;, An Ordinance Respecting, amended ................... . Public Administrator may be appointed Guardian of estates of pe .. sons unable to manage their affairs by reason of disease, age, etc ........................................................................ .

"The Marriage Ordinance," amended ............................................... . Ce .. emony not to be pe .. formed within 24 how's of time of issue of license ....................................................................... . "The Sale of Beer Ordinance," amended ................. _ ........ _ .............. .

Sec. 32 amended ............................................................................... . Licensee may with consent be absent from Territory for fOUl' months ............................................................................... . "The Workmen's Compensation Ordinance," amended ............... . Pe .. iod of payments fOI' tempora .. y disability ........................... . "The Yukon Game Ordinance" ........................................................... . Aircraft. Penalty fo .. transporting unlicensed trapper ill.. ............... .

Restl'iction on use of, in t.-apping ......................................... . Animals in transit, ca .. e of ......................................................... . A ... ·est on view ................................................................................. . Bag limits ........................................................................................... . Batteries, etc., use of l)I"ohihited ................................................. . Beaver-Dams, inju .. y to pl·ohibited ............................................. .

Hunting by SI)eul's, guns, etc., prohibited ........................... . Big Game Hunte .. s-See '''Non·Resident Big Game Hunters" Burden of proof ............................................................................... . Close season ..................................................................................... . Certificate, by Te .. ritol'ial Secretary or Government Agent Constables. May be appointed by Game Guardians ............................. . Arrest by ................................................................................... . Con trollel·.

May appoint persons to issue licenses ............................... . May make regulations ........................................................... . Conviction 011 view ......................................................................... . EXl)iry date of licenses ................................................................. . Expo .. t of fu .. bearers ..................................................................... . Perm it for ................................................................................. .

Females with young-p .. otected ................................................. . Food-Animals ltilled must be used for ..................................... . Hunting game fo .. , when in dire need ................................. . License to hunt moose and caribou for ............................... . FUI' Farm Licenses. Application fOI' ......................................................................... . Animals for propagation pUI"l)oses, permits to take ....... . Cancellation of license ........................................................... .

Box tmps to be used in taking animals ........................... . Dogs in enclosures may be killed ....................................... . 57 37 36 a5 35 37 49 49 32 32 33 33 48 4S 48 34 34 1 9 9 25 28 4.5 2) 21 2) 6.7.8 28 3. 4 7 15 15 26 29 28 14 24 24 17 17 17 12 21 23 23 25 22

58 INDEX Expiry date of license .............................................................. 22 Export of fur bearcrs ............................................................ 24 Fce for license .......................................................................... 21 Lic:ense not transfemhle ........................................................ 23 Records to be kept hy licensee .......................................... 22 Renewal of license .................................................................... 22 Helurns to he made ................................................................ 2a f.hilllnent of pelt.s iJy licensee .............................................. 23 Tresllussing pl'ohibited ..... .................................................... 22 Came, Ilossession of ................... .................... ............................... 16 Game Dealers license ................. .................................................... 13 Game' Guardians, All Illelll hers of R.

C. 1\1. Police are ex officio.................. 3 Oath hy ........... , ... , ... ' .. "................................................................ 3 Retul'lls hy .. ,"", ........... , ............................................. ,................ 10 Powers of search hy .............................................................. 14 Cont:scation of s'ame by..........................................................

Ifi Have powers of constahle ...................................................... 26 May appolllt constahles .......................................................... 15 SE'i:>.IIl'e of guns, tnllls, etc .. hy ................ ........................... 18 Seizure of game hy ................................................................. , 19 Seal'ch for poison by................................................................ 19 Sett ling disputes regarlling trap lines .............................. 21 Remuneration of ...................................... ,................................. 2!'i Powel' to administer oaths .................................................... 26 Gamc PI'CSCI'VCS, no hunting 01' tnqlping in ............................ 25 Guides, Chief GlI ides and Assistant Guides, license of ................ 8 Holder of Big Game Hunter's license must elllllloy guide 7 Penal;y for acting as guide without license ...................... 8 Penalty fOl' railing to I'ellort, etc........................................... 8 Hunting and TmpIling License ...................................................... 5 Hunting Cor 1i'00d, License for ...................................................... 12 Indians and Eskimos, Contmcts with .......................................................................... 21 AIlplication of Ordinance to .................................................. 26 Free perm its to .................... ........................................... 24 Privileges in Preserves .......................................................... 25 Jntel'pl'etation ............................ '....................................................... 1 Issue of Licenses .............................................................................. 13 Licenses, Expiry dates of ...................................................... :................... 14 Fur Trading License .............................................................. 10 Transfel' of Fur Tl'ading License.......................................... 11 Retul'll hy I:censee under Fur Trading License ................ 11 Return if license lost .............................................................. 11 Fur Farm License .................................................................... 21 Fur Bearers, permit to export .............................................. 2 ..

Game Dealer's License ....... ................................................... 13 Issue of ............................................... ,................................ 13 Hunting moose and ciu'ihou for food, license fOl' ............ 12 Hunting and trapping license .............................................. 5 Non-resident hiI'd license .................................................... 6 Non-resident hig game license ............................................ 6 Pl'ivileges under Resident Hunting License ...................... 5 Privileges undel' Trappnig License .................................... 6 Privileges under Non-resident Big Game License ............ 6 License to Chief Guide and Assistant ................................ 8 Tl'ading Post Permit .............................................................. 10 Permit I'equil'ed fol' each Tl'ading Post ............................ 11

INDEX 59 License Fees.

Resident Hunting License .................................................... 5 Resident Trapping License .................................................... 5 Non·resident Big Game Hunting License .......................... 5 Non·l·esident T.-aPl)ing License ............................................ 5 Non·resident Bird License ...................... ~............................... 5 Chief Guides and Assistant Guides ...................................... 8 Resident FUI' Trade .. s License .............................................. 11 Non·resident FUl' Traders License .................................... 1i Fur Farm License .................................................................. 21 Special Game Dealers License .............................................. 13 License to take animals for p .. opagation (pennit).......... 24 Tn:ding Post License ............................................................ 10 Meat must be used or offered for sale ........................................ 17 Non·Resident Dig Game Hunters.

License to .................................................................................... 6 Privileges of ............................................................................ 6, 8 Guide to be employed by ........................................................ 7 Ce .. tificate to, by Territo .. ial TI·easUl·e .. or Gov't Agent 7 Statement undel' oath by ...................................................... 7 Penaities and Prohibitions.

Gene .. al Penalty Clause .......................................................... 27 Acting as Guide 01' Assistant Guide without license........ 8 Beave .. dams, injury to .......................................................... 20 Beave .. , hunting by spears, guns, etc. .................................. 2) Batte .. ies, use of p .. ohibited .................................................. 20 Contl'3cts with Indians 0 ..

Eskimos pl'Ohibited .............. 21 False info .. mation, giving ...................................................... 27 False reports, making ............................................................ J.-t Failure to offe .. meat fo .. food .............................................. 17 FailuI'e of Guide to repol·t, etc...............................................

S Failu .. e to make .. etul'l1 by holder of Food Hunte .. 's License ................................................................................ 12 Illegal posse!:sion of game .................................................... 14 Poison, posseSSion 01' use of p .. ohibited, .......................... 19 Sale to licensed dealers during close season...................... 15 Selling or exposing fo .. sale .................................................... 10 Shipping game, etc., out of Territol'y without permit 18 Trespassing on fur fm'ms ...................................................... 22 Offences by officers ................................ ,............................... 27 Permits.

To take game for scientific purposes .................................. 18 To shi) game, etc., from Te .... itory .................................... 18 To take animals for pl'Opagation .......................................... 23 To export fur bearers ......................................... ..................... 24 Poison, possession 01' use of, pl'Ohibited .................................... 19 Possession of Game, defined .......................................................... 16 Retul'lls.

Big Game Hunters, by ............................................................ 7 FUI' Trading License, by holdel" of ...................................... 11 Fur Farm Licensee .................................................................. 23 Food Hunter's License, by holder of .................................. I?

Game Gua .. dians by ................................................................ 10 Hunting and Trapping Licenses, by holde .. s of................ 9 Indians and Eskimos, by...................................................... 9 SI>ecial Game Dealers, by.................................................... 13 Persons exporting live fu .. beare .. s, by............................ 25 Persons taking game when in dire need of food, by........ :;:7

60 INDEX Search. By Game Guardians ................................................................. . For poison ................................................................................. . \Varrants ................................................................................... . Seizure. • Of game by Game Gual'dian ................................................. . Of guns, traps, etc .................................................................... . Of game, etc .............................................................................. .

Shipment of trophies ..................................................................... . Trading Posts. Permit fO!' ................................................................................. . Assistants ................................................................................... . Traps. To be removed 01' sprung ..................................................... . Not to be used in close season ............................................ .. Tral) Lines. Disputes regarding ................................................................. .

Trophies Shipment by holder of Non·Resident Big Game Huntel"s License ............................................................................... . Supply 14 19 li 15 18 19 6 10 12 20 20 21 6 50

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1938
Type	statute
Volume / chapter	1938
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	3f461761cda7c2967c9a037ad761ec9e3128181f

Source file is stored in the law ingest library (pdf).