Yukon Ordinances, 1920 — Ordinance respecting the Preserv1>tion of Game....... 1 2 An Ordinance

Yukon Ord. 1920

Yukon — Historical Statutes

i : i , I ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR GEORGE PA TTON MACKENZIE GOLD COMMISSIONER JIiifI. : Prillte<i &n6 Published for the Govl!romCllt Df the YukDn TerritDry Under Authority i ' of

Chapter 75 of the Consolidated Or6inancl!5 of JqH I L ____ ._.___ J. A. M. H. M::TBV. K"',..Pn.,.. ~

·ORDINANCES OF THE YUKON TfRRIIORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1920 GEORGE PATTON MACKENZIE GOLD COMMISSIONER Printed and Published for the Government of the Yukon Territory Under Authority of

Chapter 75 of the Consolidated Ordinances of '9J4 BY J. A. M. H. MALTBY. King'aPrintcr.

TABLE OF CONrrENTS Chap. Page .. 1 An Ordinance Respecting the Preserv1>tion of Game....... 1 2 An Ordinance to Amend "The Poll Tax Ordinance, 1918" 17 3. An Ordinance to Amend "The Ordinance Respecting Dogs" IB 4. An Ordinance to Amend "The Crown Grant T~x Ordinance" 19 5. An Ordinance to Amend "The Assessment Ordinance" and to Legalize the Dawson City Assessments for the Years 1918 and 1919............................................ 23 6. An Ordinance to Amend "The Fur Export Tax Ordinance" 25 7. An Ordinance Respecting the Practice of Dentistry....... 26 8.

An Ordinance to Amend "The Companies Ordinance"..... 33 9. An Ordinance to Prohibit the Sale of Intoxicating Liquors for Beverage Purpose!! ......................... _ . . . . . . . . 34 10. An Ordinance to Regulate the Traffic in Intoxicating Liquors for Medicinal, Mechanioal, SCientific or Sacra- mental Purposes 41 11. An Ordinance Granting the CommiEsioner CertHin Sums of Money to Defray the Expenses of the Public Service of the Territory and the City of Dawson............... 61

CHAPTER 1 AN ORDINANCE RESPECTING THE PRESERVA 'fION OF GAME [A.sse'nted to April 28, .1920.] The COlUlllissionel' of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1.

This Ol'tlinance lIIay he cited as "The Yukon Game ~I~~~ Or(linunce." 2. 'rile names by which the 'beasts and birds men tioned in this Ordinance are therein described include their young, and males and females. ( 1 ) 'fhe time within which beasts and birds may he hllnted and killed under' this Ordinance is called the "Open Season/, and the time within which sneh hunting and killing is prohibited is called the (' Close ~easoll." (2) "Pn \' hearing animals" means and includes heaveI', lynx, marten; mink, muskrat and otter and the pelt of any such animals.

(3) The expression " Game" shall apply to all animals, dead or alive, mentioned in

Section 4 of this Ordinance, and to the parts of such animals, including 'hides, as well as to the birds protected hy this Ordinance as the context may permi~. (4) "Game Guardian" or "Guardian" shall Interpreta tion, Names of beasts and birds In clude young, etc, "Open sea son" and "close sea son." Fur bearIng animals, "Game," "Guardian" or "Game Guardian."

"Dealer." RC.M.P. and Guides ex-oftlclo Game Guardians. Oath by Game Gua.rdlltll. Close ~~a.S(lIls.·· 1 unllng Iff'alo or I ~son ·ohlblted. layer until 1st Nov .• IJ23. lynx, . "trten, !nk, .ler. 2 THJ<: YUKON GAME ORDINANCE. mean and include a Game Gual'dian constituted by or ap'pointed under this Ordinance. (5) "Dealer" means and includes any person carrying on or in any way employed in connection with any commercial business and including the sale of mcat, POUltl'Y 0[' fish. 3.

(1) All members of the Boyal Canadian Mounted Police and all Guides and Assistant Guides shall be ex-officio" Game Gual'dians" under this Ordin ance, and the Commissioner may from time to time appoint ot.her Game Guardians.

(2) Every Game Guardian so specially appoint ed befOl'e acting as such Guardian, shall take and subscribe before any person authorized to adminis t.er oaths in the Territory, the following oath: "I, A.

B ............. a Game Guardian, in and for the Yukon 'J'cl'l'itory, do solemnly swear that, to the hcst of my judgment, I will faithfully, honestly and imp~ll·tially fulfil], execute, and perform the office and duty of such Game Guardian according to thc tl'UC intent and meaning of the Ordinance l'especting the preservation of game in the Yukon Tel'ritory, and of all regulations made or to be made therennder." 4. Except as hereinaftcr provided, no person shall hunt, trap, take, shoot at, wound, injure 'or molp-st or kill:

(1) Any buffalo or bison at any time.

(2) Any beaver between the first day of l\fay and the first day of November. Provided, that no beavel' shall be hunted, trapped, taken, shot at, wounded, injured or molested or killed before the first day of November, 1923.

(3) Any lynx, marten, mink or otter between the .first day of April and the fifteenth day of No vember.

5. THE YUKON GAME ORDIXAXCE. 3

(4) Any muskrat between the first day of June and the first day 'of December.

(5) Any moose, caribou, deer mountain sheep or mountain goat, between the first day of March and the first day of August.

(6) Any grouse, partridge, ptarmigan, pheasant or prall'le chicken between the fifteenth day of March and the first day of September. .

(7) Any wild duck, wild goose, snipe, little brown, sandhill, or whooping crane, swan or curlew between the fifteenth day of December in any year and the fifteenth day of August in the year following. Provided, that a close season shall exist in regard to little brown, sandhill or whoop· ing cranes, swan and curlew until the first day of January, 1928.

(8) No one person shall have the right to kill during the "open season," except as hereinafter provided, more than two moose, six deer, six cari bou, two monntain sheep and two mountain goats, and no female of such beasts shall be killed at any time except as herein provided_

(1) Every person who kills any moose, caribou, deer, mountain sheep or mountain goat shall re port himself personally to the nearest Royal Cana dian Mounted Police Post or Detachment, or to the nearest Game Guardian, within sixty days from the time of such killing and declare in writing his name and place of residence, the number and de scription of the beasts killed and the place where such beasts were killed_

(2) Every Game Guardian shall immediately after the 31st day of December in each year make and file with the Territorial Secretary a return stating the number and description of all beasts and game so reported to him during the previous year. Muskrat. Moose, caribou, deer, mountain sheep or goat. Grouse, ptarmigan, etc. Wild duck, goose, crane, snipe, swan, etc. Killing crane, swan, curlew berore 1st January, 1928, rorbldden. Number or animals that may be killed. Person ktlllng any animals to report to Guardian. Return to be made by Guardian.

RegIster of m~a.t J:ur chased for tradIng purposes to be kept. Person In possessIon of "elt of fur bearing anIma.l to state where obtaIned. l"owers of GuardIan to search. Penalty. Game GuardIan may seIze where offence suspected. Procedure on seizul·e. .Justice may declare game or pelts con fiscated. GuardIan may enter premIses. 4 THE YUK'ON GA)IE ORDIXANCE. 6. Every person purchasing the meat of any 'Of the abDve beasts fDr trading purpDses shall keep a register shDwing the name 'Of the persDn frDm wh'Om the same was purchased, the kind and quantity purchased and the date 'Of purchase. 7.

Any Game Guardian may call upon any person at any time found in pDssessi'On of game 'Or the pelt of any fut' bearing animal t'O state when, where and from whom such game 01' pelt was 'Obtained, and whenever he has reaSDn to suspect that any person is illegally in the pos session of any such game 01' pelt he shall have the right to inspect any bag 'Or other recept..'l.cle, vehicle 'Or other conveyance in which he supposes any such game or pelt to be, and any person refusing, molesting 'Or obstructing any Game Guardian in the accomplishment 'Of such duties, shall be liable, upDn SUllllll:ll'y cDnvictiDn, to a penalty nDt exceeding $100 and eosts and in default 'Of paymcnt tD i1llprisonment for nDt exceeding 'One mDnth. s. (1) AllY Gum·dinn who has reasonable gl'Ollllds fDr helieying that au offence has been cDmmitted unclel· tlli~ Ordinance may seize Hny game ''01' fut' hearing animal' 01· IlClt in I·esped to wllicll he be lieves such offencc has been cOlll1l1itted, and upon allY sHch seizure shall notify the pers'On in whDse cllstudy sl1<.:h gallll', nnilllal 01' pelt was found tD appeal' befDre the nearest convenient Justice, na1l1· ing him, at a timc alld place to lie named to sucll pcrson hy said Gnar(]iall to establish the riglltful ness of his pDssession of slIch game, animal or pelt, and where practicable shall take the said game, animal or pelt l.cforc sahl justice aud in the event of sll{:h person failing tD estahlisll such right 'Of pDssession tile Justice JI1a~~ declare such game, aniIilUl or pelt confiscated and the same may be dealt with in the nwnner prDvi(lcd by Sediou 21 'Of this Ordinance in regard to property confiscated.

(2) For the purposes prDvided by this

section any Guardian may entcr upon the premises of any person where he has rcaSDn to belicve any such

9. Tl-m YUKON G.UIE ORDIXANCE. 5 game, animal or pelt may be and make search therefor in eveL'y part thereof. ( 1) The Commissioner in Council may from time to time, when deemed necessary or expedient so to do, alter by resolution any of the times fixed hy

Section 4 of this Ordinance. Close season may be altered by resolution.

(2) Every such .·esolution shall forthwith aftet' Publication ot the Session at which it is passed be published resolution. twice in the Official Gazette and twice in a news- paper published at Whitehorse. 10.

(1) No pers·on not a resident of and domiciled in the 'rerritory shall be entitled to hunt, trap, take, shoot at, wound 01' kill any of the animals referred to in suu-section (5) of

Section 4, or any fur hearing" animal, whether protected by this Ordinance or not, without first obtaining a license in that behalf. Every such license shall be signed' by the Commissioner or person appointed by him for such purpose and shall be in force during the calendar year in which the same is issued and shall be subject to the Game Laws in force in the Territory at the time such license is granted; the fee to be paid theL'efor shall be $100. Such license . shaH not be valid unless the signature of the per son to whom it is iss'ued is endorsed thereon.

(2) A holder of any such license shall be en titled to take with him or to ship out of the Terri tory, as trophies, the head, hide and hoofs of. any big game lawful1y killed by him.

(3) Provided that every such license holder shall before leaving the Territory be required to make and subscribe before a Game Guardian a state ·ment under oath that he has not violated any of the provisions of this Ordinance,. giving such par ticulars in relation. thereto as may be required by the Game Guardian, and upon such statement being made the Game Guardian shall give to such license holder a certificate that such game, describ- Non-resident must have license to hunt. Term ot license. Fee . Must be endorsed by licensee. ShIpment of "trophies. " LIcensee to make sworn statement before leavIng TerrItory.

:May export. CommIs sioner may license residents to act as Guides, etc. Penalty for actlng as GUide wlth ou t license. Exception. License fees. Guides, etc., to report violations.

Taking of eggs forbidden. 6 '!'HE YUKON G.-DU; ORDINANCE. ing 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 regard thereto.' 11. (1) 'l'he Commissioner may (subject to such rules and regulations as he may deem necessai.'y from time to time) issue to any resident of the 'l'el'l'itory who is qualified to act as such a licelllse to act as Guide, Assistant Guide or as camp helper to perso,ls holdillg license under

Section 10 of this Ordinance, for the purpose of hunting, trapping 01' shooting in the 'l'el'l'i tory. Every license issued under this section· shall remain in fOl'ce -(}llring the calendar ~-ear in which it is issued and no longer. ~ 2) Ally pel'soll who acts as Uniue 01' Calllp helpel' tCI <lily Pl'I'SOll who has not procllred the necess<lry license nUller ihis Ordinance shall for feit his licellse in addition to any other penalty that \\lay be imposed. This

section shall not apply to <lny pel'son while helping any resident of the Territol'Y to hunt game birds. (~n The fees for slIch licenses l'espediwl~- shall he as follows: Ucense for Chicf Guide .............................. ~20.00 License fol' Assistant Guide ..................... 10.00 License fOI' Camp Helper........................... 5.00

(4) Every Guide and Assistant Guide licensed hereunder who shall fail to report or who refuses or lIeglects to lay information for any violation of this O\'dinance 01' who shall himself violate any of the lH'ovisions of this Ordinance shall ill addi tion to any other penalty have his li~ense revoked and shall be ineligible to act as Giude for a period of two years from the date of convictiol1. 12. Except as hereinafter provided, no eggs in the nest of any of the birds above mentioned, 01' in the nest

THE YUKON GAME ORDINANCE. 7 of any other species o( wild f'Owl, shall be taken., destroyed, injured or molested at any time of the year. 13. Notwithstanding anything in

Section 4 of this Ordinance, the beasts and birds mentioned. in said

section nHt~y be lawfully hunted, taken or killed, and eggs of any of the birds or other wild fowl so mentioned. Illay be law· fully taken- . (

a) By explorers, surveyors, prospectors, miners or travellers who are engaged in any exploration, snrvey 01' mining operations 01' other examination of the 'l'erritoI"Y, and are in actual need of the heasts, birds 01' eggs for food. (

h) By any person who has a permit to do so granted nnder the subseqnent provisions of this Ordinance. u. ~ one of the contrivances for taking 01" killing fowl, Imown as hatteries, swivel guns or sunken punts, shall be used at' any time of the year, to talce, destroy, 01' kill any of the birds mentioned in this Ordinance, or any othel" species of wild fowl. 15.

It shall be unl~lwfl1l for any person to use pitfalls or . any poison or poisonous substances for the purpose of taking 01' killing any birds or beasts of any kind what· soever, und the fact that any person places any poison 01' poisonous snbstauces in snch a position that it may be reached '01' taken by any bird or beast, shall be proof that it was nsed fOl" such pm'l}()se and shall be deemed an offellee against the provisions of this Ordinance.

Hi. :Xo dog shall be used at any time of the year fot' hunting, taking, running, killing, injnl'ing, or in any way molesting huffalo or bison, or during the" close season" any ·of the other heasts, or any of the birds mentioned in this Onlinance. 17. Xo one shall enter into any contract or agreement with 01' elllplo~' any Indian 01' other person, whether such Indian or person is an inhabitant of the Territory 01' not; Explorers, surveyors, prospectors. etc., In actual need of food may kill. Bse of batteries and other con t rl vances forhidden. Use of pnison 01 pltfnllg forhldden. Dogs not to he used for hunting.

Exception. Not-· to employ Indian to hunt or kill.

Penalties, Recovery of penalties, Distress, Impl'isoll nlcnt. Suitable buli<llng where jail not near may be used, 8 THE YUKON GA~m OUOINANCB, 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, contrar~' to such provisions, any 18. Everyone is guilty of an offence who violates any 'Of the foregoing pl'ovisions of this Ordinance, and is liable Oil SUIIlHItll'y conviction thel'eof to a penalty as follows:

(1) FOl' the violation of any provisions with regard to hcaver, moose or deer, to'a penalty of not mote t.hun $500,00.

(2) And for the violation as to uny othel' of the provisions of this Ordinance to a penalty of not nlOI'C than $100,00.

(3) And l.te is also lia hIe in every case to pay the costs of conviction, 19. The anthority making th(' conviction may order that ill (lefanlt of paylllent of the penalty and the costs of cOllviction forthwith, 01' \\'ithin such times as he orders, eithcr,- (1 ) '1'h~ penal ty and costs shall be levied by dis· tl'l'~S, and sale of the goods and chattels of the pel'son convicted amI that, if sufficient goods and dw ttels cannot he found thc pcrson convicted shall he ill1IWis[)Jlt'd fur a periot1 of not more than three months, Illllt'ss the penulty and costs are sooner paid, 01':

(2) The pel'son convided shall be imprisoned for a pel'iod of not more than three months, unless the penalty and costs are sooner paid,

(3) When, because of the distance, or for want of means of conveyance 01' comllltmication, or for any 'othel' cause, it is not practicable to confine such pel'son in the nearest jail or other place of confine ment. the convicting authority shall have power

THE YUKON GAI\U] ORDINANCE. 9 to confine him in any suitable building which is more convenient and nearest to the place of trial and to take all reasonable necessary precautions to prevent his escape therefrom during the term for which he has been convicted. 20. In all cases of conviction under this Ordinance one-half _ the fine shall be paid to the person. giving the infol'mation which -leads to the conviction and one-half shall forIll part of the General Revenue Fund of the TCI·ritOl'Y· 21.

(1) All beasts, pelts and birds or any part thel'eof, and all eggs, in respect of which any con viction has heen made under this Ordinance, shall be held to be thereby confiscated, and the authority who has made the conviction may make such dis posal thereof as' he thinks fit, except to sell or bar ter the same.

(2) Provided, that all pelts of fur bearing ani mals, so. confiscated, shall he handed ovel' to the Commissioner, to be by him dispose~ of in such pnblic manner as he deems advisable, the proceeds thereof to form p~ll·t of the General Revenue Fund of the 'l'erl'itory. One-halt fine to Informant. Beasts, pelts and birds confiscated In certain cases. Pelts conftscated to be disposed of by Commis sioner. 22. ~ossession shall be constituted as follows, namely: What constitutes possession.

(1) Possession at any time of the year of a buf falo or bison, dead or alive, 01' any part· of a buffalo or bison, or:

(2) Possession at any time of the year of eg'gs of any of the birds mentioned in this ordinance, or of eggs of any other species of wild fowl, or:

(3) Possession during the" close season" of any other beast mentioned in this Ordinance, or of any part of any such beast, or of any birds mentioned in

Section 4 shall tie deemed prima facie evidence of the killing or taking of the beast, bird or eggs, as the case may be, contrary to the provisions of Po oSsesslon during close season . prima tacle evidence ot violation.

Only licensed hunter may sell to "Dealer." Meat killed In close Se.-'lson not to he sold. Justlce may appoInt constables to arrest violators. Proceedings Upon arrest. Search warrant may issue In certain cases. Procedure. 10 THE YUKON GAME OUDIXANCE. this Ordinance. Provided, however, that this sec tion shall not be construed to preven t the exposure and offering for sale of the carcasses, or any pltrt of them, of beasts killed during the" open season," for a period of sixty days after the beginning of the "close season.". ( 4) No person other than a person licensell nnder

Section :32 hereof shall sell to an~- dealer any such beast or bird or any part thereof after the ex piration of twenty days frum the cOlllmencelllent of the" close season,~'

(5) X 0 person except as herein otherwise pro videu, shall se]] or expose or offer for sale lit any time of thp ~'ear any meat of any beast or any bird lIIeutioHl'll in ~cdion 4, of. this Ordinance killl'll dllrin~ the ~'dose season." 23.

All,\" Justice of tlle Peace, when he cOllsillt'I'S it necessary to (lo ~o, IIIH,\' appoint a COllsta.ble "lH' COllstable~ to apPl'(>lll'ud aull Hnest allY persull who llas done, or wll0 he has reason to heliev!' has done any tIling in contrHven tion of an~- of the pl'oyi~ions of tllis Ul'llinanl'e; HIlI1 nny such Constal,le sha11, npon appl'l'helHlillg and anesting such perSOll, Iwing llim for tl'ial without an,)' unnecessary delay hefore the nl'arest authority havin'" tIle ri"'ht aIlll " ,. ..,. eo power to eOllviet u1Hlel' this Ordinance, aud shall produce any heast, 01' hin1 01' eggs 01' sOllle part of any such beast or hh'd fOllud in tlle possession of sllch person Cl t the tillle of his apprehension, con trn 1',)' to the proYisiolls of this Ordinance. 24.

Any justice of the peace, upon pl'opel' informa· tion that there is reaSOll to suspcct that a breach of any of the provisions of this Ordinance has hecn committed, or that any pelt of any fur bearing animal 01' any beast, hin1 01' eg-gs or any part of any heast 01' bird in respect of which such allreach has been committed, is likely to he in Hny tent, or on any premises, 01' on boal'd of any vessel, 01' at any other place, may hy warl'ant HUller his hand authorize any Constable to enter and senl'eh any such place, and, if found, to Seize any sHch pelt, beast,

THE YUlWN GAME ORDINANCE. 11 bird or eggs, or any such part of any Iieast or bird, to be dealt with as provided in regard to any pelt, beast or bird which has become confiscated under any provisions of this Ordinance. 25.

The Commis~ioner or any officer or person duly authorized by him may issue a permit to any person to take or kill, for scientific purposes, 'Or t'O take with a view to domestication, any number, to be fixed by the Com missioner, of each of the said beasts, or birds, except buf· falo and. bison, or to take eggs not exceeding twehe of each of any of the said birds, or any other species of ",nu fowl.

Every such permit shall set forth in detail the name, ~l(ldress or calling' of the person to whom it is granted, the 'Object for whiCh it is granted, the nnmbel' of each species or eggs which it is intended. such person may kill or take and the period of time during whkh tile permi t is to be in force. 2G.

The remuneration of Game Guardians, Constables and any other person or persons elllployed to pel'fol'lll any duties imposed hy this Ordinancc, 01' any regulations under it, shall be determined by the COlllmissioner. 27. 'rhe COllllllissionel' lUay from time to time 1IIH ke sltch l'ules and regulations, not inconsistent with the pro visions of this Ordinance, for the canying out of the true intent and llIeaning theL'eof as u\'efound necessary or deem cd expedient hy him. 28.

Any person who kills any of the beasts or birds mentioned in this Ordinance and does not use the meat thereof for food himself or cause the same to be used for food, 01' does not offer the same for sale in some market within the Yukon Territory, shall be liable to a penalty not exceeding $500, and, in default of payment, to im prisonment for a period not exceeding three lllonths. Pro vided that nothing in this

section shaH be taken to auth· orize the sale of the meat of any beast or bird killed dur ing the "close season" except as otherwise herein pro vided as to licensed hunters. 29. Every person who has in his possession unlawfully Confisca tion. Permit by Commis sioner to kill for SCientific purposes, etc. Game Guardians' remunera tion. Commis sioner may make regulations. Meat of animals kl\led must be used for food. Penalty. Possession during

"close season" Penalty. Export of raw hides forbidden after 1st Aug., 1920. 12 THJo: YUKON GA:\:[E OnOINAXCE. dul'ing the" close season," any beast, bird 01' eggs, or the pelt of any fur bearing animal, killed or taken during such "close season," shall be liable, on

summary convic tion, to a penalty not exceeding $500, and, in default of payment, to imprisonment for a period not exceeding three Dlonths. 30. No person or corporation or any railway com pany or other common cal'rier except as herein provideu shall at any time 01' in any manner after the first day of August, 1920~ export or cause to ue exported 01' carried or have in possession for the purpose of exporting the raw hide of any Dloose or caribou except in plll'SnanCe and by virtue of u permit issued under the authority of this Ordinance.

Commls- 31. '('he Commissioner lIlay issue permits for the sloner may ~ Issue permit expoI·t of gallle to any person who lUay make application for export. tt f I I . ffi ] . t th Commls!lloner may license resident hunters. Fee. LIcensed hunter may kill and sell male animals at any time. Must first obtaIn certlflcate !ere or, Hpon SHC 1 person ilia nng an a f aVlt 0 e effect that SHch g-ame was lawfnlly killed or acquired by him. 32.

(1) The COlllmissioner Dlay frolU time to time issue to SHch and so many suitable persons, resi dents of the '('el'ritory, as he deems expedient, to be known as Licensed Hunters, a license to hunt moose and cal'iholl. The license shall be in such form as the Commissioner Dlay prescribe and shall be for the calendar year in which the license is isslwd. 'I'he fec therefol' shaH be $25.00.

(2) N otwiths'tanding anything herein to the con trary it shall ue lawful for any such licensed hunter during the term of his license to hunt and kill male lIloose and male caribou at any time of the ye .. u· for the pm-pose of food supply in the Ter ritol'Y, and for such purpose to sell the meat of any such animal at any time of the year. Provided that no sHch hunter shall kill any such moose nnder the age of one year.

(3) Provided that no licensed huntel' shall sell the meat of any animal so killed or any part

THE YUKON GAME ORDINANCE. 13 thereof until he has obtained from a Game Guar dian a certificate in writing signed by such guar dian, setting forth the description and number of such animals and that such licensed hunter has satisfied such gl~ardian that such animal has been lawful1y killed, which certificate the Game Guar dian shall, upon being so satisfied, furnish to such licensed hunter. ( 4) Every such licensed hunter shall immediate ly after the end of the year return his license for the previous year· to the Territoria1 Secretary, accom panied by his affidavit, duly sworn, showing the number and description of all of such animals killed or taken by him during the term of· such license. ( 5) Fail ure or neglect by any such licensed hunter for a period of 30 days after the expiry of his license in an~r year to make the return pro vided by the pl'ececUng sub-section shall be a viola tion of the provisions of this Ordinance and no Jicensed hunter so in default shall be granted an other 1ic(,llse until such return is made. ({») EYel'Y such· licensed hunter shall, upon the request of any Guardian, produce and show to such Guarllian his license, and refusal to do so shall be a violation of the provisions of this Ordinance. 33.

In any regulatiolls made by the Commissioner hereunder he lllay provide fOl' the issuing of licems(~;; authorized by this Ordillallce to he issued to Guides, Assistant Guides or Camp Helpers and to licensed hunters by such persons as he may from time to time appoint 01' authorize for such purpose.· 34. All Game Guardians and Guides shall, while act ing as such under the provisions of this Ordinance, have and possess the powers of a "Commissioner for taking affidavits in and for the Yukon 'l'erl'itory" in relation tu all matters coming within the provisions of this Ordinance. trom Game Guardian.

Return to be made by licensed hunter to Territorial Secretary annually. Failure by licensee to make return. Penalty. Must produce license to Guard!an. Commis sioner may authorize other persons to Issue licenses. Game Guardians and ':;uldes may ad minister oaths.

Guardians to have powers or constables. Application of Ordinance to Indians. Prohibition as to Indians. "Dealer's" license .. Return by dealer. Non-resident fur trader's license. 14 THE YUKON G.BlE OHlIl~AXCE. 35. Every Game Guartlian shall have and is hereh," given all the powers of a Constable for the pruposes of this Ordinance. 3r., (1) 'l'his Ordina nce, except as herein othcl'wi;;e provideu, shall not apply to 'Indians wh'o are r~si· dents of the 'l'erritory.

(2) Provided that the provisions of this Ordin· ance prohibiting the killing of female animals, the sale of game that has not been killed in the opell season, the killing of game for purpn<;es otber ti,an food, the use of poison and the export of raw hides, and as to buffalo, bison and beaver and the' penal ties provided by this Ordinance for any violation t.hel'eof in regard thereto shall apply to Indians. 37.

(1) No dealer shall buy, sell, deal or traffic in tbe flesh of any moose or caribou without having first obtained a license in 't-hat behalf. Every such license shall be issued by the Commissioner or a person appointed by him for the purpose, and shall be in force for the calendar year in which the same is issued: the fee therefor shall not exceed the sum of $10.00.

(2) Every dealer shall, On or before the tenth day of January in every year, return his said license for the previous year to the Territorial Secretary, with a statement showing the number of such animals bought and sold by him and from whom procured during such previous year, and such state· ment shall be sworn to by such dealer or his duly authorized agent having knowledge of the facts, 38. No person not being a resident of and domiciled in the Territory shall purchase in the Territory for sale or for export from the Tel'l'itory the pelt of any fur bear ing a.nimal mentioned in

Section 4, without having first obtained a license therefor, which license may .be issued by the Commissioner 01' such person as he may authorize in that behalf. Such license shall be in force durin:; the

THE YUKON GA~IE OHDINANCI:. 15 calendar year in which it is issued and the fee for every such license shall be $150.00. 39. No L'esident of the Territory shall, on behalf of himself 01' any firUl or corporation doing business in the 'l'erritory, or as agent for any person, firm or corporation, purchase in the Territory for sale or for export from the Territory, the pelt of any fur bearing animal mentioned in

Section 4, without having first obtained a license there for, which license may be issued in the manner provided in the preceding section, and shaH be in force during the calendar year during which it is issued. The fee for every such license shall be $25.00.

Provided that any person, firm or company engaged in mercantile business in the Territory shaH pay an additional fee of $10.00 for every post or place in the Territory (other than the head office or place of business of such person, firm or corporation), where the business of fur buying forms part of the busi ness carl'ied on by or on behalf of such person, firm or corporation. 40. Any person who violates any of the pro'fisions Of this Ordinance for which violation no penalty is specially herein provided, shall, for each such violation, be guilty of an offence, and, on

summary conviction, shall be liable to a penalty of not less than $20.00 and not more than $100.00 and costs, and, in default of payment forthwith after conviction, to imprisonment for not less than one month and not more than three months. 41. The Commissioner may by proclamation set aside any portion of the Territory from the operation of this Ordinance for such period of time as he desires in order to provide sustenance for isolated camps, and when any locality is so set aside under this

section the Commis sioner may license one or more hunters to hunt for such district under such restrictions as he deems necessary. 42.

(1) The Commissioner may, by proclamation from time to time, and for such periods as he deems expedient, suspend the operation of this Ordinance so far as the -same relates to the posses sion and use of moose meat and caribou meat, -so Fee. Resident fur trader's license. Fee. Additional fees. Penalties tor violations not otherwise· provided for. Commis sioner may set aside portion of Territory from operation of Ordinance. Commis sioner ma}' suspend operation as 10 possession and use of certain meats.

May not alter limit of open season. License monies to form part General Revenue Fund. Repeal. 16 THE YUIWN GAME ORDINANCE. as to permit the possession and use of such meats during the whole or such portion of the year as shall be notified by such proclamation.

Such sus pension and permission shall apply only to moose and caribou lawfully l~illed under the provisions of this Ordinance, ( 2) Nothing herein 01' that may be expressed in any such pl·oc\amation by the Commissioner shall he held to increase the limit fixed by this OrcliIl ance of the number of animals that may be law fuUy killed by anyone person in the open season or to permit the sale of moose 01' caribou meat except for human consumption at any time or ill any manner otherwise than as provided by t.his Ordinance. ill.

An monies received from licenses issued under the provision of this Ordinance shall form part of the (lellel'a] He,renne Fund of the Territory. H, Clmpte;' 39 uf the Consolidated Ordinances, 1!)IJ, I-('sl)(:'ctin~ the preservation of g-alllP, Hnd

Chapter -:1 of tll(~ Orclinanc('s of HHS al-e hel'eh~' repealc(l.

POLL TAX ORDINANCE, 1918, AMENDED. 17

CHAPTER 2 A~ ORDINANCE TO AMEND "THE POLL TAX ORDINANCE: 1918." J • [flsscnted to April 28, 1920.]" 'l'he Commissioner of the Yukon Territory, by and with the advice and consent 'of the Council of said Terri tory, enacts as follows: 1. Sub·section (

c) of

section 2 of "The Poll Tax Ordinance, 1918," being

Chapter 1 of the Ordinances of 1918, is hereby amended by striking out the word "Eigh teen" in the second line thereof and inserting in lieu thereof the words "Twenty·one." 2. Sub·section (1) of

section 3 of said Ordinance is hereby amended by striking out the wor.d " Eight" in the third line thereof and by inserting in lieu thereof the word " Five." 3. Sub· section (3) of said

section 3 of said Ordinance is hereby amended by striking out the word" Sixty" in the second line thereof and inserting in lieu thereof the words " Fifty-five." . 4. This Ordinance shall come into force on the first day of January, 1921. Age limIt; amended. Amount of tax reduced to $5.00. Age of exemption enlarged. Date of comIng Into force.

Sub-sec. (2) of SIlC. 3 amended. LIcense forms and metal tags to be furnIshed. 18 ORDINANCE RESPECTING DOGs) A~IENDED.

CHAPTER 3 AN OR.DINANCE TO AMEND THE ORDINANCE RESPECTING DOGS. [.fissented to A.pril 28, 1920.] The Commissioner of the Yukon 'rerritory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1. Suh-section 2 of

section 3 of "'l'he Ordinance Re specting Dogs," being

Chapter 27 of the Consolidated Ordinances, 1!H4, is hereby repealed and the follo\\ing 811 hstitn ted therefor:

(2) Such keepeL' or other person specially al" pointed for that purpose shall Le furnished Ly such officer with license for111s and metal tags for the plll'poses of this Ordinance, and every such tag' shall be so made as to be easily fastened to a strap placed around the neck of 'the dog.

CROWN GUANT TAX ORDINANCE, A~IENDED. 19

CHAPTER 4 AN OHDINANCE '£0 AMEND" THE CROWN GHANT TAX ORDINANCE." [.tlssented to April 28, 1920.] The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri· tory, enacts as follows:

Section 2 of said Ordinance, being

Chapter 5 of IThe Ordinances of 1919, is hereby repealed and the fol lowing substituted therefor: 2. In this Ordinance, unless the context other wise requires: " Collector" means the official constituted by the Ordinance the Collector for the purposes hereof. " Person" includes Firm, Company, Association and Corporation. .

" Land" and "Claim" mean and include the Mineral Claim in respect of which the tax is im posed, the ground or soil and everything annexed to it by nature, and all improvements and works thereon, excepting such mining plant and buildings as may be removed without injury to any tunnel, drift or other mining or development work begun, done or constructed upon the claim. " Owner" means the person in whose name the land i~ registered in the Land Titles Office, or if a Certificate of Title has not been issued, the person named in the Crown Grant.

" Gold Commissioner" means the Gold Commis sioner of the Yukon Territory. " Tax" means the t.ax imposed by this Ordin ance, including, where the context permits, the New

Sec. 2. Interpreta tion. "Collector. " Person." "Land" and "Claim." Improve ments. Certain machinery and buildings excepted. '·Owner," "Gold Com missioner." "Tax" Includes penalties.

Sub-sec. (2) of

Sec. 4 amended.

Sec. 5 repealed, and new Section. Penalty added If tax not 20 CROWN GRA~T TAX ORmNANCE~ AMENDED. penalties, cost of advertising and sale and interest as provided in the Ordinance.' 2. Sub-section (2) of

section 4 of said Ordinance is amended by striking out after the word "adjoining" where it oecurs in the eleventh line thereof the words "Crown grantcd mineral claims" and inserting in licu thereof th.e words" Mineral claims whethel' Crown grant ed or otherwise."

Section 5 of said Ordinance is hereby repealed and the following substituted thercfor: paid .Jan. 1.' 5.

(1) If the tax imposed by this Ordinance shall remain unpaid on and after the first day of De cember, in any year, there shall be added to such tax at the beginning of each month thereafter as a penalty, an additional sum amounting to three quarters of one per cent. of such tax, until pay ment of the tax, and the tax shall not be deemed to have been paid until the amount thereof, with the said penalty added, shall have been fully paid to the Collector.

Provided, that as to the tax for the year 1919 the provisions of this Ordinance in reference to the said penalty shall apply only from and after the first day 9f August, 1920. Provlsc. as to 1919 tax. Notice by Collector that tax delinquent and re. penalty. (2) 'rhe Collector shall on or before the first day of January of each year mail to the last known address of the owner of the land ill respect to which sHch tax is unpaid, and to the addrcss of the ageut of any SHch owncr given undcr the pro visions of sub-section 3 of

section 4 hereof, a notice stating that the tax on such land has become de linquent alld that the said penalty of three-quarters of one per cent. of the amount of such. tax will be added thereto monthly until the tax, togcther with all pemllties so added, are paid, and that if the tax and penalties are not paid, the said land will he advertised and offered for sale at public auction on the first Tuesday in the month of July occur ring" in the second year after the expiration of the year in which the tax became payable. The Col-

CROWX GR.\XT T.\x ORDIXAXCE .• A~JEXDED. 21 lector shall giv~ not less than sixty Jays' . notice of every such sale by publication in three consecutive weekly issues of a newspaper published in the Territory nearest to the location of said land, and once in the Official Gazette. The first publication of said notice shall be made not less than sixty days before the date of sale.

Section 6 of said Ordinance is hereby repealed and the following substituted therefor: (i. 'rhe notice to be published by the Collector under the preceding

section shall state the name of the registered owner of the land (or, if the Crown grant has not been registered, the name of the Crown grantee), the name and description of the claim, the amount of' the unpaid taxes and the penalties due and that will accrue due, the costs of advertising and other expenses, and the total amount required for the tax, penalties, cost of advertising and other expenses, and shall state that if such total amount is not paid before the day of sale stated in the notice, the claim will be offered for sale at public auction, .as provided by the Ordinance.

Section 7 of said Ordinance is' amended by adding after the word " claim" in the last line tJlereof the words " together with all penalties and charges provided by the Ordinance. " 6. Suh·section (2) of

section 9 of said Ordinance is .amended hy adding thereto the words "or person law· fully entitled thereto." 7. Sub·section (3) of said

section 9 is amended by 'striking out the words "taxes and expenses of advertis· ing " in the thh'd line thereof and inserting in lieu thereof the words "the tax, penalties, cost of advertising and other expenses stated in the Notice of Sale" and by strik. ing out the words" Taxes and costs" where they occur in the twelfth line of said sub·section and isserting in lieu thereof the words" said tax, penalty, cost of adver· Not less than 60 days' notice of sale.

Sec. 6 repealed and new Section. What notice by Collector shall state

Sec. 7 amended. Sub· sec. (2) of

Sec. 9 amended. Sub·sec. (3) of

Sec. 9 amended.

Sub-sec. (5) ot

Sec. 9 amended. Sub-sec. (I! of

Sec. 12 amended. Sub-sec. (2) of Sp.c. 12 amended. Certain plant and buildings may be removed.

Sec. 16 amended. 22 Cnow~ GnA~'l' T.\x ORnINANCE ... A~IENDED_ tising and ·other expenses," and by striking out the words "due date thereof" in the sixteenth line of said sub

section and inserting in lieu thereof the words "date of such auction." 8. Suh-section (5) of said

section 9 is amended by striking out the words "taxes, costs~' in the first line thereof and inserting in lieu thereof the words "tax, penalty, costs of advertising and other expenses." 9. Suu-section (1) of

section 12 of said Ordinance is amended by insertillg- aftet· the word" taxes" in the tenth Iinc thel'(~of the words" and penalties." 10. Sub·section (2) of said

section 12 is amended by adding thcl'eto the following: "Provided, that during said period, hut not after the expiration thereof, the owner lIIay remove fl'olll the claim such mining plant and ullildings thel'eon as ilia,)" be l'emovcd without damage to any tllnnel or othel' mining or development work hegun, done ot' COllstl"lH:ted upon the claim. 'rhe owner shall be liahle to the plll-chaser for any damage done to any such tunnel or wm'ks in any such removal." 11. Sedion 1(; of said Ordinance is amended by strik illg nut the wOl'ds " and costs and ch,ll'ges" in the fourth line thel"cof awl illserting- in lieu thel'eof the words" pen altics, charges alld interest. owing."

ASSESSMENT ORDINANCE, AMENDED. 23

CHAPTER 5 AN ORDINANCE 'fO AMEND "THE ASSESSMENT ORDINANCE" AND TO LEGALIZE THE DAW SON CITY ASSESSM~NT FOR THE YEARS 1918 AND 1919. [Assented to April 28, 1920.] 1'he Commissioner of the Yukon 'ferritory, by and with the advice and consent of the Council of said Terri tOl'Y, enacts as follows:

Section 20 of "'i'he Assessment Ordinance," being

Chapter 5 of "'i'he Uonsolidated Ordinances, 1914," is hereby amended by adding at the end of said

section the following: ( 4G) Conveying passengers for hire 01' l'eward in, upon 01' by means of any 'motor vehicle' as defined by " The Motor Vehicle Ordinance," $50.00 for one motOL' vehicle, and $25_00 for each addi tional motor vehicle. 2. Sub-section 3 of

section 21 of said Ordinance, be ing Chapt.er 5 of the Consolidated Ordinances, 1914, is herehy repealed and the following substituted therefo!': (3) 'I'wo members of the Court of Appeal shall forill a qnorulll for the hearing of appeals, but de cisions of said Court shall require the vote of a majority of the members of the said Court of Appeal. Scc. 20 amcnded by adding Sub-sec.

(46) License fee for conveying passengers by motor vehicle. Sub-sec. (3) of

Sec. 21 repealed and new Section. Appeal Court quorum. Majority vote required. 3.

(1) Section 39 of said Ordinance is hereby pealed and the following substituted therefor:

Sec. 39 re- repealed and new Section.

Appeal to Judge from decIsIon of Appeal Court. Proceedings on appeal. Pro\'isions of Secs. 27 and 2S to apply. City of Dawson nRRessment 1918 alHI 1919 confirmed. 24 AS8ESSl\u}NT ORDINANCN, AMENDED. 39. An appeal shall lie to the Judge of the Territorial Comt from the decision of the said Assessment Appeal Court. Provided, that notice in writing of such appeal, signed hy or on behalf of the· apellunt, shall be given to the Assessor, 01', in case of appeal by the City of Dawson, to the mtepayel' 01' his agent representing such ratepayer hefore said Appeal Court, within two days after the decision of the 'said Appeal Court has been ¥,iven.

(2) Upon tllly !o>ut:h notke of appeal being given the Assessor shall apply to the Judge to fix a time and plaee for hearing the appeal, and notice of such hearing hy the Judge shall be given by publication once ill a newspaper published in Daw SOil, in said 'l'erritory, not less than two days be fore the day fixed for sllch hearing.

(3) The P L·ovisioll s of seetions 27 and. 28 of this Ordinance shall III utatis 'IlHttandis apply to the 11I·oceedings 011 any such appeal to the Judge. 'rhe decision of the Judge Oil such appeal shall be fina1. 4. The Assessment HolI of the City of Dawson for th(~ 'y(,~ll·S 1918 amI 191!) is hereby legalized and confirmed.

FUR EXI'OR'£ TAX ORDINANCl~, AMENOE~. 25

CHAPTER 6 AN OHDIN ANCE '£0 AMEND "THE FUR EXPORT TAX ORDINANCE." [Assented to r~pril 28, 1[),20, J The Commissioner of the Yukon '1' erl'i tOl'Y, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1.

Schedule (;A" to said Ordinance, beinl.!'

Chapter 8 New ~

Schedule of the Ordinances of UJ19, is he reLy repealed and the or taxes, following substituted therefor: ~chedule "A"-(

Section 4) : For each weasel ............................................. $ .05 For each muskrat .10 For each lynx ................................... _ .............. 1.00 For. each wolverine .40 For each Lear ................................................... Free For each otter .75 For each marten For each mink For each I'ed fox 1.00 ,30 1.00 For each cross fox ...................................... ." 2,00 Fo1' each silver 01' black fox ............... 3.00 For each wolf ................................................... Free For euC'h coyote ............................................. Free 2, This Ordinance shall come into fOl'C'e on the first day of Augnst, ]920.

Short title. Interpreta tion. "Practi tioner." ··Reglste'·.·· Dental Register to be kept. Former register continued. Who to be entered In register. 26 THE DEN'l.'AL ORDINANCE.

CHAPTER 7 AN ORDINANOE RESPECTING THE PRACTICE OF DENTISTRY. [.Assented to A.pril 28, 1920.] T·he Commissi"Der of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: 1. 'l'llis Ordinance llHty be cited as "Tbe Dental ~Ordinance." ., In this Ol'dinance:

(1) The expression "practitioner" means and includes any person whose name is entered in the Dental Hegister under the provisions of this Ordinance. (2) "Register" shall mean the Dental Regis ter provided by this Ordinance. 3. (1) 'I'he Territol'ial t:;ccrehll'Y shall keel' a regis ter to ue caHed the Dental Hegisier. (2) 'rhe Dental Hegister kept under the pro· visions of

Chapter 25 of the Consolidated Ordin· ances :lDd now existing shall continue to be the Dental .Register for the purposes of this Ordinance and an persons wh·ase names <Ire now in good standing on said Hegister and are entitled to prac tice dentistl'y ill the Territory shall be deemed to be duly entered in said Hegister. 4. The TCl'l'itorial Secretary shall from time to time, upon production uy the applicant of the necessary evi dence require(l by this Ol'dinance to entitle him to regis-

THE DEXTAL OUDIXA~C.J. 27 tel' hereunder, cause to be entered in such Register with the date of entry the name of:

(1) Every person who possesses a diploma of graduation in Dental Surgery from any Dental College in Canada or from any University in Can ada having a special Dental Department or from any Dental College or University having such De: partment in Great Brit.:iin or in any of her de pendencies.

(2) Every per~on applying to be so entered who possesses a Certificate of Qualification issued by the Dominion Dental Council of Canada or under the sea] of a Dental College 01' De.ntal So ciety 01' Association estabHshed in any Province of Canada, or from the proper official authorized to grant such certificate, that such person has been duly registered as a practising Dentist and has practiced as such in any such Province within two Jca rs prior to his application for registration in the 1'erritory.

Provided, that such person shall first furnish to the 'l'erritorial Secretary evidence of identification and good standing. 5. Evcry person who is qualified to be entered in such Register under the foregoing provisions of this Ordinance shall, before his name may be entered therein by the 1'erl'itorial Secretary, pay to the Territorial Treas urer a fee of $50.00. 6. ( 1) No person shall practice the profession of Dentistry or Dental Surgery in the 'ferritory un· less his name has been luwful1y entered ill said Register.

(2) J t shall not be lawful for any practi tioner to employ as a helper or assistant in his office or permit to work in his office any person who, being entitled to register hereundcT'; is not· so registered, or who is or has at any time been qualified or entitled to practise dentistry in any Province in Canada or elsewhere beyond the Ter ritory who is not registered hereunder. Production of diploma. Certificate of qualification. Fee on registering $50.00. No person to practice unless entered 1n reg.lster. Practitioner not to employ as assistant any person qualified to register who has not registered.

Penalties. Burden of proof. Certificate of registra tion to be given. Notice of apprentice ship. Record of notices to be kept. Annual fee resident $10.00. Non-resident $160.00. 28 THE Dg:\TAL OUDINANCE.

(3) Every practitioner violating any of the proyisions of the preceding sub-section shall be liahle to a penalty of $50.00 and to a further penulty of $20.00 as for a separate offence for each lIay after the first day of such employment or sel' vices that any such violation is permitted.

(4) In any l)roSecution under this

section the burden of proof that the person charged with the offence has not violated the provisions of this

section shall be upon the person so charged and in the absence of such proof by the person charge.I, proof of the service or employment shall be p1·ima facie evidence of such violation and conviction may be made accordingly. T. The 'rerritorial Secretary shall, upon request, issue to any person whose name is elltered in such Hegister, a certificate of such entry and of the date thereof and such certificate shall be sufficient evidence of the facts so cerWied. s.

Every person who proposes to become entitled to be entered on the Hegister by reason of service of appren ticeship in the Yukon 'rerritory to be performed after the passing of this Ordinance shall give notice to the Terri torial Secretary of the fact and file with such Secretary a verified copy of his articles of apprenticeship. l). The 'rerritorial ~ecretary shall keep a record of such notices and eopies and shall enter no such person in the Dental Hegister unless two years have passed since the receipt by the Territorial Secretary of such notice and copy. 10.

(1) Every pratcitioner who is a bona fide resi dent of and domiciled in the Territory shall on or before the thirtieth day of June in each year pay to the 'renitorial 'rreasurer a fee of $10.00 and obtain a receipt therefor entitling him to practice in the Territory.

(2) Every practitioner who is not so resident and domiciled shall on or before the thirtieth day

THE DENTAL ORDINANCE. of June in each year pay to the Territorial Treas· urer a fee of $150.00 and obtain a like receipt therefor.

(3) Provided that all persons whose names are duly entered in the Dental Register at the time of the coming into force of this Ordinance shall, for the purposes of this Ordinance, be deemed resi· dents of and domiciled in the Territory. ( 4) The Territorial Secretary shall erase from such Register the name of every person registered therein who does not on or before the thirtieth day of June in any year produce to him the receipt for payment of the annual fee provided by sub·sections 1 and 2 hereof and no person whose name is so struck from the Register shall have the right to practice in the Territory until his name has been restored to the Register as herein provided. ( 5) The name of any person so struck from the Register may be re·entered therein upon pai rnent by such person to tbe Territorial Treasurer of an additional fee of $25.00 and production of proof of the payment by such person of the annual fee herein provided and said additional fee. 11.

No person who does not come within the fore· going provisions of this Ordinance or who has failed to pay the fees as herein provided 01' whose name does not appear in thc Register shall be entitled to practice Den· tistry in any of its branches in the Territory. 12.

Every person who makes any false representa· tions for the purpose of securing the entry in the Register of his name, 01' in the course of applying to have his name so entel'cd, shall forfeit the right to have his name entered and if the salJle has been entel'ed in the Register, the same shall he erased thel'efrOlll and a note made by the Sec re· tUl·Y of the gl:ound of such erasure. 13.

(1) Every llractitioner who has, after due en· quiry, been adjudged by a Board appointed by the Commissioner: Persons registered at time of coming Into force of this Ordinance deemed residents. Name to be erased from regtster on default of payment of fee. Name may be re·entered on payment of additional fee of $25.00. No person who falls to comply with provisions entitled to practice. False representa tion for securing registry to disqualify applicant. Names to be erased (or cause.

Infamous conduct. MIsrepre sentation. Person who has been convicted of crime. Commis sioner may appoint Board for purpose of Inquiry. Cannot recover charges unless registered. 30 . THg DI~~TAL OmllNANCE. (

a) To have been guilty of infamous condur.t in any professional respect, or (

b) To have made any material misrepresen tation to the Territorial Secretary in order to pro· cure the entry of his name On the Register, or (c) '1'0 have been convicted of any crime pun ishable by impl"isonlllent in the penitentiary, shall forfeit the right to have his name entered in the Regist.er and his name, if entered, shall be erased from the Register and his name shall be published in the Gazette as having ~een so erased.

(2) The Commissioner may for the purposes of this

section appoint three suitable pel'sons to constitute such Board and may make and l}l'escribe Rules and Regulations under which any en<1.uiry hereunder by such Board mu.)' be held and may by such Rules and Regulations give to such Board authority to summon and bring before them the accused and such other persons as the Board deem necessary to enable them to properly l'nquire into the matter complained of, with power to swear and examine all such persons nndel' oath and to compel the attendance of witnesses ant! the pro duction of documents and to do all things neces sary to enforce and provide Cl full and pl'oper enquiry.

A majority of the Board shall form a quorum and may decide and adJudge as to the guilt of the person charged and every decision by a majority of such Board upon the matter shall be final.' Such Rules and Regulations may provide penalties for failure to obey any summons by the board and for the enforcement of such penalties and shall have the same force and effect as if they were includ~d in and. enacted by this Ordinance. 14.

No person shall be entitled to recover any charge in any court of justice for any professional advice or attendance or for the performance of any operation ap pertaining to the practise of dentistry or dental surgery or for any surgical or dental appliances which he has supplied, unless his name is registered under this Ordin-

THE DENTAL ORDINANCE. 31 ance, but this

section shall not apply to duly qualified medical practitioners or to .duly qualified druggists or chemists in the course of their practise or business. 15. Every person whose name is not registered under the provisions of this Ordinance who. (

a) Practices dentistry' or den tal surgery for hire, gain or hope of reward, or (

b) W Hfully or falsely pretends to be a prac· titioner of dentistry or dental surgery, or (c) 'rakes or uses any name, title, addition or description implying or calculated to lead people to infer that his name is registered under this Ordinance, or (

d) Professes by public advertisement, card, circular, sign 01' otherwise to practise dentistry or dental surgery or to give advice therein or in any wise to lead people to infer that he is qualified to practise dentistry 01' dental surgery in the Yukon Territory, shall be liable to a penalty of fifty dol· lars, and evel-Y day on which any such offence OCCllrs shall be deemed a separate offence. 16.

Every person who wilfully procures or attempts to procure his name to be registered under this Ordinance by making or producing 01' causing to be made Or pro· duced any false or fraudulent representation or declara· tion either verbally or in writing and every person knowingly aiding and assisting him therein shall be lia bie to a penalty of five hundred dollars. 17.

Every penalty under this Ordinance shall be re· coverable with costs and may be sued for and recovered in the same manner as a private debt by the Territorial Secretary or by any dental practitioner whose name is registered under this Ordinance in the Territorial Court and being recovered shall belong to the general revenue fund of the Yukon Territory. 18. Upon the trial of any' action undel' the provisions Not a.ppllca.ble to Doctors or Drugglsts. Penalties. Penalty or $500.00 for attempting to procure regIstration by false rep· resentatlon. Recovery of penalties.

Burden of proof as to right to practise. Limitation of action. Aid may be given by any person In urgent cases. Chap. 25, Consolidated Ordinances repealed. THE DENTAL ORDINANCE. of this Ordinance the burden of proof as to the right of defendant to practise dentistry or dental surgery in the Yukon Territory shall be upon the defendant. 19. No such action shall be commenced after two. years from the date of the offence .01' cause of action. 20. Nothing in this Ordinance shall prevent any per-· son from giving necessary aid to anyone in urgent need of it, provided that such aid is not given for hire or gain nor the giving of such aid made a business or way of gaining a livelihood. 21.

Chapter 25 of the. Consolidated Ordinances re specting the practice of dentistry and all amendments thereto are hereby repealed.

THE CO~IPANIES ORDINANCE~ AMENDED. 33

CHAPTER 8 AN ORDINANCE TO AMEND f'THE COMPANIES ORDINANCE." [Assented to April 28, 1920.] The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri· tory, enacts as follows: 1. Sub-section 3 of

section 26 of "The Companies Ordinance," as amended by

Chapter 7 of the Ordinances of 1918, is hereby amended by striking out all after the word "iucorporated" and inserting in lieu thereof the words " in four consecutive issues of the Gazette."

Section 153 of said Ordinance, as amended by said

Chapter 7 of 1918, is hereby amended by striking out the words "in three consecutive weekly issues in a news paper published in the Territory at or nearest the place which is to be the chief place of business of the Com pany" inserted therein by

section 2 of said

Chapter 7, and inserting in lieu thereof the words " in four consecu tive issues of the Gazette."

Section 159 of said Ordinance, as amended by said

Chapter 7 of 1918, is hereby amended by striking out the words "in three consecutive weekly issues in a news paper published in the 'l'erritory at or nearest the place 'which is to be the chief place of business of the Com pany," inserted therein by

section 3 of said

Chapter 7, and inserting in lieu thereof the words "in four consecu tive issues of the Gazette." Sub-sec. (3) of

Sec. 26 amended.

Sec. 163 amended.

Sec. 159 amended.

Prea.mble.

Short title. Interpre tatIon. "Liquor" or "LIquors." "Beverage purposes." ·'CouncIl." "Drugglst." 34 THE YUKON PROHIBITION ORDINANCE,

CHAPTER 9 AN ORDINANCE 'TO PROHIBI'l~ THE SALE OF IN'l'OXICATING LIQUOR FOR BEVERAGE PURPOSES. [Assented to April 28, 1920,] lVhercas,'l'he official returns of the vote taken under the provisions of "'I'he Liquor 'l'raftic Plebiscite Ordin ance, 1919," show a majority against the sale of spiritu ous and malt liquor rot' beverage pm'puses: The Commissioner of the Yukon 'J'erritory, by and with the advice and consent of the Council of said 'rerri to)',Y thct'efOJ'e cnuets as follows: 1, This O)'(linanee llIay he cit(~d as "The Yukon PI'O hihition Or(linance," ~, III thii'i O)'dinance nnless tIll' context otherwise req \1 it'cs : " Liqnor" or "Liquon5" shall mean and in clude all fermented spirituous and malt liquors and all combinations of JiquOl'S and all ddnks and dl'inkahle liquids which aloe intoxicating, aud any liQll01'S which contain more than two and one-half lier cent (2l%) of proof spirits shall be conclusively deemed to be intoxicating, "Beverage purposes" shall mean and include any use of liquor for other than medicinal, sacra mental, mechanical or scientific purposes_ " Council" means the Commissioner-in-Council of the Yukon Territol'Y, " Druggist" means any person duly registered in this Territory as a Pharmaceutical Chemist under" The Phal'macetitical Chcmist's Ordinance."

THE YUKON PUOHIBITION ORDINANCE. 35 3. No pers'On shall, within the Territ'Ory, by himself, his clerk, servant 'Or agent, expose or keep f'Or sale 'Or directly 'Or indirectly or upon any pretence sell 'Or barter or offer t'O sell or barter, to any person, any liqu'Or for beverage purposes. 4. Vi'Olation of any 'Of the foreg'Oing provisi'Ons 'Of this Ordinance shall be an 'Offence for which the persons vi'Olat ing shall be liable on

summary conviction: For a first 'Offence, to a penalty of not less than $100.00 and costs and not m'Ore than $300.00 and c'Osts and in default of immediate payinent t~ imprisonment for not less than one month and not more than three m'Onths. For a second 'Offence, to a penalty 'Of n'Ot less than $200.00 and costs, and n'Ot more than $300.00 and costs, and to impris'Onment for a term 'Of n'Ot less than three months and not more than six months, with 'Or without hard labour.

For a third or any subsequent offence, t'O im prisonment for not less than twelve m'Onths and n'Ot more than twenty-f'Our m'Onths, with or without hard lab'Our. 5. N 'Othing in this Ordinance shall apply to 'Or pre ven t the sale by a druggist of any drug 'Or medicine for strictly medicinal purp'Oses, notwithstanding the mixture with such drug 'Or medicine of liquor as one 'Of the neces ,sary and bona fide ingredients thereof, proviQ.ed such mix ture contains sufficient medication to prevent its use as an alc'Oholic beverage. 6.

Nothing in this Ordinance shall be taken to pre vent the importation of liquor into the 'l'erritol'Y by any pers'On for his own use under the provisions of any Ordin ance 'Of the Governor-in-Council or Order-in-Council in force in the Territory. 7. The proceedings upon information for an offence against a~y 'Of the provisions of this Ordinance where a previous conviction is charged shall be as follows: Sale, etc., of liQuor for beverage purposes prohibited. Penalties. First offence. Second offence. Third or subsequent offence.

Drugglst may sell medlcl',e contaln'.ng liquor If sufficiently medicated to prevent use as beverage. 'Ordinance does not prevent Importation under any law In force. Proceedings where previous conviction Is charged.

Subsequent otrence to be first Inqulreci Into. Proof of prevIous conviction. ProceedIngs Where prevIous conviction sct asIde. ConvIctions for several offences on same day.

Penalty. 36 THE YUKON PROHIBITION ORDINANCE. (1) 'l'he Magistrate shall in the first instance inquire concerning the subsequent offence, and, to! the accused is found guilty thereof, he shall then, and not before, be asked whether he was so pre viously convicted as alleged in the information, and if he answers that he was so previously con victed he shall be sentenced accordingly i but if he denies that he was so previously convicted, or does not answer such question, the Magistrate shall then inquire concerning such previous con viction or convictions.

(2) Such previous conviction may be proved pr'ima facie by the production of a certificate pur porting to be under the hand of the convicting Magistrate or the Clerk of the Court to whose office the conviction has been returned, without proof of signature or official character.

(3) In the event of any conviction for any second or any subsequent offence becoming void or defective ~lfter the making thereof by reason of any previous conviction being set aside, quashed or otherwise· rendered void, the ~Iagistrate by whom such second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named, and shall thereupon, upon proof of due sel;vice of summons, if such per son fails to appeal', or on his appearance, amend such second 01' subsequent conviction and adjud!.:;.~ such i)enalty 01' punishment as might have been adjudged had such previous conviction never existed, and such amended conviction shall there upon be held valid to all intents and purposes <J.B if it had been made in the first instance.

S. Convict.ions for several offences lllay be made under this Ordinance although such offences lllay have been committed on the same day; but the increased penalty or punishment hereinbeforc imposed shall oil]v be incuned or awarded in the case of offences committd~l on diffeL'cnt days and after the infol"mation lai(l fOl: a fil'St offence.

THE YUKON PnOHIRITION OnDINANCE. 37 9.

A~y )Iagistrate, if satisfied by the information on the oath of any police officer, or constable, that there is reasonable ground fOt" the belief that any spirituous or fermented liqnor is being kept for sale or disposal con trary to the provisions of this Ordinance, in any house or place within his jurisdiction, may, in his discretion, grant a warrant undel· his hand by virtue whereof it shall be lawful for t.he person named in such warrant, at any time .or times within two months from the date thereof, to enter, if need be hy force, the place named in the warrant and every part thereof and of the premises connected therewith, and to examine the same and search for liquor therein, and for such purpose such person may, if neces sary, with such assistance as he deems expedient, break .open any door, lock or fastening of such premises, or any part thereof, or of any closet, cupboard, box or other

article likely to contain any such .liquor; and in the event of any liquor being so found and unlawfully kept on the said premises, the occupant thereof shall, until the con tI·ary be proved, be deemed to have kept such liquor for the purpose of sale, contrary to the provisions of this Ordinance, and may be arrested by such officer or person having the warrant for search as aforesaid, and any person so arrested shall, upon conviction, be liable to a fine of not less than $200.00 and costs, or, in default of payment thereof forthwith, to imprisonment for not . less than three months and not more than six months. 10. 'When any police officer or constable, in making or attempting to make any search under or in pursuance of the anthority conferred by the next preceding

section or under the warrant mentioned, or under any other

section 'Of this Ordinance, finds in a house or place any liquo~' which, in his opinion, is unlawfully kept for sale or disposal contrary to this Ordinance, he may forthwith seize and remove the same and the vessel in which the same is kept, and upon the conviction of the occupant of such house or place, or any other person, for unlawfully keeping liquor for sale, the Magistrate making such con viction may, in and by the said conviction, or by a separ ate and subsequent order, declare the said liquor and vessels, or any part thereof, to be forfeited to His Majesty Magistrate may Issue search warrant. Penalty.

Otllcer making search may seize liquor belnlJ In his opinion unlawfully kept for sale.

Prosecution Must be within sIx months. Description of offence. Several charges may be made In one complaint. What the Information must contain. 3S THE YUKON PROHIBITION ORDlN.\ XCF-. to ue solcl or otherwise disposed of in such lawful manner as the Oommissioner may direct, and the proceeds of any such sale shall be forthwith transmitted to the ·Territorial 'l'reasnrer to form part of the General Revenue Fund. 11. Prosecutions for offences created by this Ordin ance may be had and taken under

Part XV. of the Crimi nal Code, which is incorporated herewith, and shall be instituted within six months after the commission of the alleged offence. 12.

The description of any offence under this Ordiu ance in tIle words of tIle Ordinance, 01' in words of like effect, shall be sullicient in law, and any exception, exemp tion, provision, excuse or qlwlification, whether it does or does not accolllpany the description of the offence in this Ordinance, lIIay be proved by the defendant, un t need. not be specified or negatived in the information; but if it be so specified or negatived, 110 proof in relation to the lIIatter so specified or negatived shall be require(l on the part of the inCol'IIIHllt or complainant. 13.

Several charges of contravention of this Ordin ance committed hy the same person may be included in one ·and the sallle iuforlUation and cOlllplaint. Provided that such information and complaint and the sumlllons issned thereon contains specifically the time and place of such contravention. 14.

In describing the offences respecting the sale 01- other disposal of liquor or the keeping of liquor in any infOI'mation, sUlI\mons or conviction, warrant or proceed ings under this Ordinance, it shaH be sufficient to state the sale, disposal or keeping of liquor simply, without stating the nallle or kind of such liquor or the price· thereof, or the nallle of any person to whom it was sold or disposed, and it shall not be necessary to state the quantity of liquor so sold or disposed of except in the case of offences where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity, as the case requires.

THE YUKON PROHIBITION ORDINANCE. 39 15.

In proving the sale of liquor for the purpose of any proceeding relative to any offence under this Ordin ance, it shall not be necessary to show that any money actually passed, or that any liquor was actually con sumed, if the Magistrate hearing the case is satisfied that a transatcion in the nature of a sale actually took place, or that consumption of liquor was about to take place and proof of consumption or intended consumption of liquor on the premises, by some person other than the occupier of the premises, shall be prima facie evidence that such liquor was sold to the person consuming or being about to consume, or carrying away the same, as against the occupant of the said premises. 16. 'fhe occupant of any house, shop, room 01' other place in which any sale, barter or traffic of liquors 01' any matter, act or thing, in contravention of any of the provisions of this Ordinance, has taken place, shall be personally liable to the penalty prescribed in

section 18 of this Ordinance, notwithstanding such sale, barter 01' traffic be made by some other person, who cannot be proved to have so acted under 01' by the directions of such occupant; and proof of the fact of such sale, uarter ot' traffic, 01' any act, matter or thing, uy such person in the employ of such occupant, 01' who is suffered to act in any way for such occupant, shall he conclusive evidence that such sale, ua rtel' 01' tratlic or other act, matter or thing took place with the authority and by the directions of the occupant. 17.

In any prosecution under this Ordinance for the sale 01' other disposal of liquor it slmB not be necessary that any witnesses shall depose directly to the precise description of the liqnor sold 01' uartered, or the precise consideration therefol'. 18. ( 1) In any prosecution under this Ordinance the Magistl'ate tl'ying the case may summon any person he deems to be a material witness in l'elation thereto.

(2) If any person so summoned refuses or neglects to attend pursuant to such summons, the )Iagistrate, at any time within six months afrer Wb·a.t Is necessary to prove sale ot liquor. Occupant persona.lIy liable though sale made by another. Kind of liquor need not be proved. nor precise considera tion. Magistrate may compel attendance of witnesses.

Penalty for refusIng to attend. Refusing to be sworn, may be committed. Witness may be required to produce documents, etc.

Wltnesl' bound to answer all quelltlons. 40 THE YUKON PROHIBITION ORDIN .\.XCE. such refusal or neglect, and notwithstanding the said case has been detet'mined, may issue a warrant for the arrest of sueh person for such refusal or neglect, or may instead of a warrant issue a sum mons to such person to attend at a time and place named in such summons to answer for such refusal or neglect, and when such person is brought before such Magistrate, or appears OD said summons, the Magistrate may then and there inquire into the reasons fOl' such refusal or neglect to so attend, and if the same do not, in his opinion, afford A. good and sufficient excuse therefor, may impose on such person a penalty not exceeding fifty dollars and costs i and in default of payment forthwith to illll)l'isonment for a period not exceeding one month.

(3) If any person upon being requit'ed by the )fagistrate refuses to be sworD, or to affirm, or to answer to any question touching the case, he may he committed to the common gaol, or to a lockup, there to remain until he consents to be sworn, or to affirm, or to answer, and this, notwithstanding a penalty has been imposed upon him, as in this

section pt'evionsly pt"Ovided, for refusal or neglect to attend as a witne!i1s in the same case, I!).

Any pet'son sumllloned as a party to, Or as a witness in, any proceeding under this Ordinance, may by the SUllllllons be required to produce at the time and place appointed for his attendance, all books and papers, account.,;, deeds and other documents in his possession, custody or control, relating to any other matter connected with the said pt'oceeding, saving all just exceptions to such production i and shall be liable to the same penaltil's for non-pl'oduction of such hooks, papers 01' document~, as he would incHr hy refusal 01' neglect to· attend pur suant to such summons, 01' to be swol'n, or to answer any lIuestion touching the case. 20.

Evel'Y pet'son, other than the defendant, sUllIJlloned or examined us a witness in any prosecution brought nndet' this Ordinance shall be bound to unswet· all ques tions put to him which are pertinent to the issnes, not-

THE LIQUOR DISPENSARY ORDINANCE. 41 withstanding that his answers may disclose facts tending to subject him to any penalty imposed by this Ordinance; but such evidence shall not be used against him in any prosecution. 21. All penalties recovered for violation of any of the provisions of this Ordinance shall be paid in to antI form part of the General Revenue Fund of the Territory. 22. "The Liquor License Ordinance," being

Chapter 56 of the Consolidated Ordinances and all Ordinances in amendment thereof and " The Liquor Traffic Ordinance," being

Chapter 13 of the Ordinances of 1919, are hereby repealed. 23. 1'his Ordinance shall come into force On the 29th day of :May, 1920. .

CHAPTER 10 A:N OBDINANCE TO REGULATE THE 1'RAFFIC IN INTOXIC.A:TING LIQUORS FOR MEDICINAL, MECHANICAL, SCIENTIFIC OR SACRAMEN TAL PUBPOSES. [A.sscnted to !lpril 28, 1920.) Penalties recovered to go to Revenue Fund. Penalty. Repeal of Ordinances. Date of coming Into force . 11'hercas, By "The Yukon Prohibition Ordinance,"

Preamble. passed at the' present session of the Conncil, " 1'he Liquor Traffic Ordinance," being

Chapter 13 of tile Ordinances of 1!J19, is repealed and the sale of intoxicating liquors in t.he Tenitory for other than medicinal, meehanical, scientific or sacramental purposes is proilihited; .:tnd, lVhercas-, It is deemed expedient to regulate the sale of and traffic in intoxicating liquors in the Territory for medicinal, mechanical, scientific or sacramental pur poses;

Short title. Interpre tation. "Dentist." "Druggist." "Dispen sary." "Hospital." "Intoxicat Ing Liquor," "Liquor" or "Liquors." "Physician,' , "Practi tioner" or 42 THE LIQUOR DISPENSAltY ORDINANCE. The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, therefore enacts as follows: 1. This Ordinance lllay be cited as " 'fhe Liquor Dis pensary Ordinance." IN'l'EUPltETATION 2.

In this Ordinance, unless the context otherwise requires, the following expressions shall have the mean ings herelly assibrned to them, that is to say: " Dentist" means a person duly registered under the provisions of "'r11e Dental Orllinance," who is lawfully aud rcgularly in t11e pntdise of 11is profession in the 'rerritory. " Drug-gist" means a person duly registered under "'i'he Phnl:llIacentieal Chelllists' OrdinHute," who is law fully aud I·pg'nlndy engaged in the practise of his profes .sion in the '!'enitory.

" Dispeusa I',\''' means a place or premises estalllished hereullllel' hy t11e COlllmissioner for the sale of liquor as pel'mittetl hy this Ordinance and <'Vl'ry part of such pl·l'mises. " Hospital " means and inchllh's auy l)ulW fide hospital or RHllitariulll, whether public 01' pl'ivate, being rl'gularly condncted as such.

"Intoxieating liqllOl'," "liqnor" Ol' ,. liquors~' means and includes every spiI'itnous amI eyel'y ferllleuted aud every malt Hquor and every wine aud evcry. cOlllbination of liqnors and drinks 0\' preparations 01' mixtures capable of hUlllan consmnption, whic11 is intoxicating, and any mixed liquor 01' liquid capable of being nsed as a beverage and part of which is spil'itnollS or otherwise intoxicat ing; and any liquor w11ieh contains more than two and one-half per cent. (2J per cent.) of proof spirits shall be conclusively (leemed to h'e intoxicating.

"Physician," "Practitioner" or "Medical Practi tioner" means and includes a person who is a duly regis-

THE LIQUOR DISPENSARY ORDINANCE. 43 tered physician or surgeon entitled to practise as such under the provisions af " The Yukon Medical Ordinance." " Prescription" means a memorandum in writing given by a physician in accordance with the provisions of this Ordinance, prescribing liquor. " Regulation~" means regulations made by the Oom missioner under the authority of this Ordinance. " Vendor" means a person appointed by the Commis sioner under

section 4 of this Ordinance. " Veterinary" means any bona fide veterinary for the time being practising as such in the Territory. 3. ~'he Oommissioner may from time to time procure and import into the IJ.'el'l'itory such quantity of liquors as may be deemed ·necessary for use in the Territory for medicinal, mechanical, scientific and sacramental pur poses. 4. For the propel' dispensing of liquor for the pur poses permitted by this Ordinance, the Oommissioner shall have power: (

a) To establish at the City of Dawson and the Town of vYhitehorse and at such other places in the Territory as he may deem expedient a liquor dispensary or place for the sale of liquor under the provisions of this Ordinance, and no liquor shall be sold in the Tel'l'itory at any place other than a dispensary except as hc.rein otherwise provided. (

b) To appoint from time to time fit and ·pl·oper persons as vendors who shall keep for sale and sell at the dispensary to which he is appointed said liquors for medicinal, mechanical, scientific and sacramental purposes in accordance with and as permitted by this Ordinance. (

c) To fix the salary or remuneration to be paid vendors and the price for which liquors shall be sold. "Medical Practi tioner." "Prescrip tion." "Regula tions." "Vendor." "Veteri nary." Commis sioner may Import 1I9uors. Powers of Commis sioner. To establish dispen saries. To appoint vendors. To fix salaries of vendors and selling price of liquors.

To make regulations. Regulations to be published. Forms not to be published. Moneys to go Into General Revenue Fund. Salaries, etc., to be paid by cheque. Unlawtul sale an otrence. Violation by vendor an otrence. Penalty for ()trence by ,'endor. 44 THE LIQUOR DISPENSARY ORDINANCE. (

d) Too make regulations not inconsistent with this Ordinance prescribing the duties of vendors and the manner in which and under what restric tions vendors lllUy sell liquor under this Ordinance, and to make such other regulations not inconsist ent hel'ewith as may be deemed necessary for the propel' administration of and carrying into effect the pl'ovisions of this Ordinance. . . 5.

All such regulations mude by the Commissioner shall be forthwith published in at least one issue of a newspaper published at Dawson and Whitehorse respec tively, and shall from the date of publication the~eof ·have the same force and effect as if they were enacted and contained in an Ordinance passed by the Commis sioner-in-Council. It shall not be necessary to publish forms prescribed by the regulations. 6.

(1) All moneys received from the sale of liquor under this Ordinance shall be paid in to the Terri torial Governmcn t in the manner provided by such rcgulations and shall form part of the General Hevenue Fund of the Territory. (2) :K'O part of a.ny sa.lary or remuneration to he paid hel'cunder shall be by way of commis sion on sales of liqnors, but all such amounts shall be paid b~' bank cheque us may be provided in such regu la tions. 7. (1.) Every vendor and every person acting as the clerk, servant or agent 01' in any other capacity for a vendor, who sells liquor in any other place, or at any time or in any quantities otherwise than as authorized under the provisions of this Ordinance, shall be guilty of an offence against this Ordinance.

(2) Every vendor who violates any of the provisions of this Ordinance shall be guilty of an offence against this Ordinance.

(3) Every vendor convicted of an offence against this Ordinance shall, in addition to all

THE LIQUOR DISPENSARY ORDINANCE. 45 other penalties herein provided, forfeit his right to be a vendor, and shall be disqualified from hold ing the position of vendor for the period of two years next succeeding the date of conviction.' 8. ( 1 ) A vendor may sell liquor in the following cases only: (a) '1'0 any person, for mechanical or scien tific purposes, alcohol, not exceeding in quan tity one gallon at anyone time; (

b) To any druggist, such liquor as a drug gist is authorized to sell under this Ordinance, not exceeding in quantity five gallons at any ont;! time; . (

c) To any physician, such liquor as a physi cian is entitled to have in his possession under this Ordinance, not exceeding in quantity one half gallon at anyone time; (

d) To any dentist, such liquor as a dentist is entitled to have in his possession under this Ordinance, not exceeding in quantity one quart at anyone time; (

e) To any veterinary, such liquor as a veteri nary is entitled to have in his possession under this Ordinanc'e, not exceeding in quantity one gallon at anyone time; (

f) To the person in charge of any hospital, such liquor as may under this Ordinance be lawfully kept in the hospital, not exceeding in quantity the amount fixed by the Commissioner in respect of such hospital; (

g) To any minister of th'e gospel, wine for sacramental purposes; (

h) To any person, liquor for strictly medici-, naI purposes upon a b01tn fide prescription as herein provided.

(2) A vendor shall sell for cash only. DIsqualI fication. To whom vendor may sell. To sell for cash only.

Sale of alcohol for mechanical or scientific purposes. Sale of liquor to Druggists, Ph~'siclans. Dentists, Veteri narles !tnd Hospitals. Sale nr wine for sacramental purposes. Sales on prescription. 46 TH~; LIQUOn DISPEXSARY ORDINANCE. (3 ) No sale of alcohol under clause (

a) of sub-section (1) shall he made except upon the affidavit of the person to whom the s<J.le is made, duly signed and sworn, in the form prescl'ibed in the l'cgnlations, and which shall set forth that the alcohol is l'equired fol' mechanical or scientific purposes only, and state how and where the same is to be used, and that it is not intended to be used ns a beverage or to be mixed with any other liquol' for use as a beverage, or to be sold or given away to any other persou, Hnd that it is intended only for the deponent's own use, and that the deponent is over twenty-one years of age.

The affidavit shall set forth the quantity of alcohol desired, ,llld 110 lIIore than oue sale aud one deliv ery shall he lIlade on one affidavit. (4) :Ko sale of liquor under clauses (b), (c), ( d), (

e) or (

f) of sub-section (1.) shall be made except upon the affidayit of the person to whom the sale is l1Jade, duly signed and sworn, in the forlll prescribed in the regulations, and which shall set fOl'th that the liquor is l'cqnil'e<l ouly for pur poses authorized hy this Ordinance, and state where and how it is to be kept and used, and that it is not intended as a beverage or to be mixed with auy other liquor for 'use as a beverage, or to be sold OL' given away otherwise than as permitted by this Ordinance. The affi<lavit shall set forth the kind and quantity of liquor required, and no 'more th'an one sale nnd one delivery shall be made on one affidavit.

(5) No sale of wine under clause (

g) of sub section (1) shall he made except upon the written request of the minister of tile gospel to whom t1le sale is made, duly signed. (Cl) No sale of liquor under clause (11) of sub section (1) shall he made eXl:cpt npon a uena fide prescription in writing signed by a physician and

THE LIQUOR DISPENSARY ORDINANCE. 47 in acrol'dance with the provisions of this Ordin ance, and no more than one sale and one delivery shall be made on anyone prescription.

(7) Every affidavit and every written request and every prescription upon which any liquor is sold under this

section shall, before the delivery of the liquor, be filed with the vendor; and the vendor shall keep or cause to be kept in a book in the form which lllay be prescribed by the regulations an accurate record of every sale made by him, 01' by his clerk, servant, or agent, of any liquor, and such record shall be made before the delivery of the liquor, and shall show the time when and the name and address of the person to whom the aame . is sold, the name of the vendor, clerk, servant, or agent by whom the sale is made, and the kind and quantity of the liquor sold; and in default of any such sale being so placed on record the sale sball be deemed' to be a sale of liquor in contravention of the provisions of this Ordinance.

(8) Such book, together with such affidavits, requests and prescriptions, shall be open to inspection by the Commissioner, the Commissioned Officers of the Royal Canadian Mounted Police Force, and such members of said Force as the Superintendent or othel; officer commanding such F'orce at Dawson or Whitehorse may at any time name in writing; and every vendor shall, not later than· the tenth day of each month, send to the Commissioner a return containing a copy of the l'ecord mentioned in such book for the preced ing month, accompanied by all affidavits, requests and prescriptions upon which any sale of liquor referred to in such return was made, all of which shall be verified by the affidavit of the vendor in such form as the Commissioner may prescribe.

Every sHch affidavit shall state that no sales, or disposals of liquor were made during such month other than those mentioned in the return accom panying the affidavit. Record of every sale to be kept. Inspection of records by Commis sioner and R. C. M. P. Monthly returns by vendor. Affidavit of sales.

48 THE LIQUOR DISPENSARY ORDINANCE. No liQuor to 9. No vendor and no clerk a.-rent or servant of a be consumed ' I:> upon dls- vendor shall allow any liquor so sold to be consumed or pensary d k . h' h d' . h th premises. run' WIt In or upon t e Ispensary premIses were e Hours ot sale to be limited by regulatlon8. Physicians. Quantity ot liquor physician may have. May prescribe not more than 8 ounces. Forms to be supplied. Form ot prescription. sale is made, and no person shall consume any liquor in or upon any such premises. 10.

The'dispensary shall be open for the sale of liqUOl' hereunder during such times as may be prescribed hy the regulation's and no sale or other disposal of liquor shall take place on, 'Out of, or from any dispensm·y at any time other than as provided in the regulations. 11.

(1) Any phsyician who, after actual personal diagnosis, shall deem liquor necessary to the health of any patient, and only when he deems it so neces sary, may, subject to the provisions of this Ordin ance, give to sHch patient, or to another on behalf of such patient, a written prescription therefor in the form provided by the regulations, or may ad minister such liquQr himself to any such patient.

(2) For the purposes of this

section and sub ject to the provisions of this Ordinance a physician may have liquor in his possession not exceeding in quantity one-half gallon at anyone time, but no physician shall prescribe for the use of or admill ister to any patient on any day more than eight ounces of brandy, rum, gin, whiskey or alcohol, or more than one quart of any other liquor. .

(3) Prescription forms shall be supplied by the 'l'erritorial Secretary to the physician and 110 such forms shall be supplied to any pet'son other than a physician. ( 4) Such prescription shall be in the form so provided by the regulations, and shall contain the name and address of the patient for whom the liquor is prescribed, the nature and quantity of the liqllor prescribed, the date upon which the pre scription is given, the physician's directions for the use of the liquor prescl'ibed, and shonltl the party to whom the PI'cscription is delivered he othl'l' thau

THE LIQUOH l)n5I'E:,\~AHY OnmNANcE. 49 the patient, the name and address of such party, and shall be signed by the physician giviI;lg the prescl'iption.

(5) A stub shall be attached to each prescrip tion form, on which stub shall be entered by the physician issuing the prescription the particnlars men tioned and required by sub-section (4) in re gard to prescriptions. ( 6 ) The physician shall immediately after the end of each month, return to the Territorial SeCl'e tary the stubs so filled in of all prescriptions issuerl h~' him dnring the preceding month. (

j) Not HlOl'e than twenty-five pl'escription fO\,llls sha 11 be issued to any physicia.n in anyone month unless the Commissioner is satisfied that conditions of emel'l!,'ency require the issuance of 'additional forms when the Commissioner may authorize the issue to the physician requiring them such additional number of said forms as he deems necessary, not exceeding twenty-five at any one time.

(8) No physician shall have more than twenty, five prescription forms in his possession at anyone time and no prescription shall be given by any physician except on the prescribed form furnished to him as provided by this Ordinance. Stubs to be filled In by physician, Stl1hs to be returned to. Ter.-Secy. monthly. Number or' forms to physIcian In month limited. Prescription must be on prescrIbed form. '" PossessloJ:!, 1~. No person shall h:lYe in his possession any liquor (If lir!l;or obtained contrary to the provisions of this Ordinance. ~~~:~;~IY 13.

Except as provided by this Ordinance, no person shall within the Tel'l'itory by himself, his clerk, servant or agent expose 01' keep for sale or directly or indirectly 01' upon any pretence sell or barter or offer to sell 01' barter or in consideration of the purchase 01' transfer of any propel·ty or thing or for any other consideration or at the time of the transfer of any property 01' thing, give to any other person any liquor. forbIdden. Keeping or dlsP:Jslng of lI<::lIor contrary to law.

Quantity of liquor to be kept nt Hospital. To be given to bona tide patients only. Management of Hospital to make monthly returns .. Penalty for violation of this Section. Violation by employee of HORpltal.

Drugglst limited quantity to be Itept. 50 THJ<l LIQUOR DISPENSA.ltY ORDINANCE. 14. ( 1) The person in charge or acting as manager . of any hospital may keep liquors in such hospital for the use of patients therein, but no liquor ex ceeding in quantity such amount as the Commis sioner Ly the regulations shall provide shall 'be kept therein at anyone time; and no manager, matron or other officer of the hospital and no physician or nurse in attendance thereat shall give any of the liquor so kept to any person other than a bona fide patient in said hospital.

(2) The III clUa gem en t of every hospital shall l11ake a monthly retul'D to the COlllmissioner giving the lHllUC of each patient to whom liquor has been snpplied, the qnantity and natlll'e of the liquor snpplied to eacl! patient .. U1d the dates upon which the same was snppliell. (3) 'rhe giving 01' supplying in any hospital by allY 111"111ag-(~I·, lIIa tron, lllU'se 01' othel' ·officer 01' PlIlployee of the hospital intoxicating liquor in any f01'1II in violation or evasion 'of tl!is

section shall he an olfence ag-ainst this Ordinance and the man tt;,!ellll:'n t of the hospital sha 11 he linLle on su III 11 uUY (;ollviction thcrefor to Cl fine ·of not less than $200.11U and not lIIore than $500.00 and costs. (

J) A ny con trc.l ven tioll of the provisions of this

section hy allY servant or employee of a bos pital shall he IH'csl11l1ed to be

an act on the part of the management of such hospital, but such pre sllmption may Le rebutted by proof of explicit instructiOllS to tl!e contrary by such management. Any s11ch servant 01' employee contravening any of the provisions of this

section by disobeying any such explidt instructions shall be liable, On sum· mary conviction, to a fine of $100.00 and costs, and, in default of payment, to imprisonment. for one month. 15.

(1) Any druggist lIIay keep for sale and, subject to the provisions of this section, lUay sell liquor for strictly medicinal purposes, bnt no liquor exceed-

· THE L~QUOR DISPENSARY ORDINANCE. 51 ing in quantity five gallons of alcohol and two gallons of all other liquors at anyone time shall, be kept 01' stored by him in the premises of such druggist or elsewhere. No sale of such liquor shall be made by any druggist except as part of a mix ture containing sufficient medication to prevent its use as an alcoholic beverage, and every such mix ture shall be made up by such druggist before delivery.

(2) Any dentist who deems it necessary that any patient being then under treatment by him should be supplied with liquor as a stimulant or restorative may himself administer to such patient the liquor thus needed and for such purpose the dentist may keep in his office a quantity of liquor not exceeding one quart at anyone time, but no liquor shall be administered by a dentist except in the case of actual need, 01' be drunk Or consumed by any person other than such patient and every dentist who administers liquor in evasion 01' viola tion of this Ordinance shall be guilty of an offence against this Ordinance.

(3) Any veterinary who deems liquor neces sary for the health of dumb animals may in the course of his practise administer or cause to be administered liquor to any 'dumb animal and for that purpose he may have liquor in his possession not exceeding in quantity one gallon at anyone time and no person shall drink or consume any such liquor.

(4) Every druggist, physician, dentist an( every veterinary shall keep or cause to be kept in a book to be kept for that purpose a complete and accurate record of every sale or other disposal made by him, his clerk, servant or agent, of any liquor and such record shall be made at the time of the sale or disposal of the liquor and shall show the time, when the name and address of the person to whom it is sold and be signed by the person to whom the sale 01' disposal is made, and the kind and quantity of liquor sold or disposed of, and in Not to sell except as part of medicated ml,;ture. Dentist.

Limited quantity nla).r !le :~ept. Veter!nary. Druggists, PhY3icians. Dentists and Veteri naries to keep record of all sales of liQuor.

Drugglsts, Physicians, Dentists and Veteri naries to keep record of liQuor purchased. Violation of this

Section an offence. Possession o[ a'"ohol fur . llIechanlcal or scientific purposes. 52 THE LIQUOU DISPE~SARY ORDIXAXCE, case of a sale upon prescription shall disclose' amI refer to the prescription in such manner as to enable the same to be readily identified, and in default of such record being made of any sale or (lisposal of liquo1', the same shall be deemed to be a sale of liquor in contravention of the provisions of this Ordinance.

(5) Every drngl"oist, physician, dentist and ever,)' veterinary shall keep a record of all liquor pUl'chased 01' received by liim, showing the date of purchase and the nallle of the person fl'om whom purchased, and sh<111 from time to time, as l'equired by the request in writing of the Oommissioner or by the regulations, send to the Oommissioner a report containing a copy of such record and of the l'ecord kept ullllel' sub-section (4), accompanied by a.n affidavit vel'ifying the same and stating that no purchases or sales of liquoi.· were made dm'ing the period covered by sHch rcpOl't save those mentioned therein, . (() Every drllggist, physician, dentist and every veterinary who fails to keep any record requil'ccl by this sectiun or reluses 01' neglects upon request of the Commissioner 01' any constable 01' of any person appointed by the Oommissioner and producing his ,n-itten allthority in that behalf to produce the recol'cl and permit the same to be inspected, 01' who fails to make any report required under this

section shall he guilty of an offence against this Ordinance, 16, (1) ~ othing hel'ein shaH prevent any person engaged in mechanical business 01' in scientific pursuits from having in his possession alcohol for mechanical or scientific purposes, as the case may Le, in a quantity not to exceed, exclusive of the alcohol used in the preservation of specimens for scientific purposes, one gallon at anyone time, 01' prevent any minister of the gospel from giving or causing to be given such wine in connection with the celebration of any sacrament; but no sueh

'rH" LIQUOn DISP"XSAItY OIWIX.\XCE. 53 person 01' minister of the gospel shall pel'rnit any liquor so in his possession to ue used and consumed as a beverage.

(2) Nothing herein shall prevent a sick per· son from having in his possession the liquor pl'e· scriued for him under the provisions of this m·din· ·ance uy a physician, but no liquor so prescribed shall be given uy the sick person '0'1' uy his ph~'si cian, nurse 01' other attendant to any person other than the sick pel"son fOl" whom it has u~?Tl .10 prescribed,

(3) Nothing in this Ol"dinance shall preYf'nt any'd1'uggist ft'OIll keeping or selling to any pel'~on any cornuination of alcohol with any drug maue according to any formula of. the British 01' Un'it-pd States pharmacopoeia. 17. Liquor shall not be given, sold or otherwise sup plied to any person appm'ently under the age of 21'year;;, but this shall not apply to the supplying of liquor tf) a person under the age of 21 years for. medicinal purposes only, by a phsyician, parent or guardian of such person, or by a vend'Or or druggist upon the prescription of a physidan. 18.

Every physician who shall give a prescription for, 01' administer any liquor eontrary to the provisions of this Ordinance, 01' ~vho shall give or issue to or for any person a prescription, for or including intoxicating liquor for the purpose of enabling 01' assisting any person to obtain liquor for use as a beverage, or to be sold or dis posed of in any manner in violation of the provisions of this Ordinance shall for each such violation be guilty of an offence against this Ordinance and. liable on

summary ~onviction theref'Or as follows: For a first 'Offence, tD a penalty 'Of nDt less than $100.00 and n'Ot mDre than $300:00 and CDsts, and, in default 'Of payment, tD imprisDn ment fDr not less than three months and not mDre than six months. PossessIon by sick person of liquor . prescrIbed, not to be gIven to another. Alcohol mIxed with drugs. Sales to mInors. Penalties for vIolations by physl~lan. FIrst otrence.

Second offence. Third or subsequent offence. Penalties for violation of

Sec. 13. First offence. Second offence. Third or subsequent offence. Penalties for other offences. First offence. 54 THE LIQUOR DISPENSARY ORDINANCE. For a. second offence, to a penalty of not less than $200.00 and not more than $500.00, and costs, and, in default of payment, to im prisonment for not less than three months and not more than six months. For a third 01' any subsequent offence, to imprisonment for not less than six months and not more than twelve months, without the option of a fine. PfolNALTIES. 19.

(1) Every person contravening 01' committing any breach of any of the provisions of,

section 13 shall, upon

summary conviction therefor, be liable: For a first offence, to a penalty of not less tlIan $100.00 and costs and not mOl'e than $300.00 and costs, and, in default of immediate payment, to imprisonment for not less than one month and not more than three months. For a second offence, to a penalty of not less than $200.00 and costs and not more than $300.00 and costs Hnd 'to imprisonment for a terlll of not less than three months and not more tlIan six months, with 01' without hard I aboI'. F'Ol' a third 01' any su'!>sequent offence, to imprisonmcn t for not less than twelve months and not more than twenty-foul' months, with or without hard labor.

(2) For every offence against this Ordinance or any of the provisions thel'eof for which a penalty has not been especially pl'ovided, the person com mitting the offence shall be liable on

summary conviction: For the first offence, to a penalty of not less than $50.00 and not more than $100.00, and, in default of immediate payment, to imprisonment

THE LIQUOU DISPENSAUY ORDINANCE. 55 for a period of not less than one month· and not more than three .months. For a second offence, to imprisonment for not less than two months and not more than six months, with or without hard labor, or to a penalty of not less than $100.00 nOr more than $300.00, and, in default of immediate pay ment, to imprisonment for a term of not less than three months and not more than six months, and for any subsequent offence to imprisonment for a period of not less than three months nor more than six months, with or without hard labo1", without the option of a fine.

(3) All penalties in money recovered under this Ordinance for any violation thel·eof shall be paid into and forlll part of the General Revenue Fund of the Territory.' 20. Except as may lJe othel"\vise provided lJy this Ordinance, prosecutions for offences against this Ordin ance may be had and taken under

Part XV. Of the Criminal Code ,·elating to

summary convictions, the pr~ visions of which are hereby maue applicable thereto, as fully as if the same were embodied herein. 21.

In describing offences respecting the sale or keep ing for sale or other disposal of liquor, or the having, keeping, giving or consumption of liquor, in any infor mation, sumnlOns, conviction, warrant or proceeding under this Ordinance, it shall ue sufficient to state the sale or keeping for sale or disposal, having, keeping, giving or consumption of liquor simply, without stating the name or kind of s1.1ch liqUOl· or the price thereof or the name of any person to whom it ,'..-as sold or disposed of or by whom it was taken or' consumed or from whom it was purchased or received, and it shall not be neces sary to state in any such case the quantity of liquor except in the case of offences where the quantity is essen tial and then it shall ue sufficient, to allege the sale or disposal of more or less than such quantity.

Second ofrence. Subsequent ofrences. Moneys to form Dart of I:'enera' revenue. Penalties recovered on

summary con,·iction. How ofrences may be described.

In words of Ordinance suIHclen t. Exemptions, etc., need not be specified. Evidence of unlawful sale. Proof that liquor Intoxicating.

Contraven tion by employee or agent, etc .. presumed to be act of employer. 56 TH~l LIQUOIt DISPBNSAltY .ORDINANCE. 22. 'l'he description of any offence undel' this Ordin ance in the words of the Ordinance 01' any words of like effect shall be sufficient in law; and any exception, ex emption, provision, excuse or qualification, whether i~ does or does not accompany the description of the offence under this Ordinance, may be proved oy the defendant, out need not be specified or negatived in the information, hut if it be specified or negatived no proof in relation to the mattel' so specified 01' negatived shall be I'equired on the part of the informant 01' complainant. 23.

In any prosecution under this Ordinance for the sale, or keeping fot· sale, or other disposal of liquor, or the having, keeping, giving or consumption of liquor, it shall not be necessary that any witness should depose to the precise description of the liquor sold, disposed of, kept, had, given or consumed, or the precise consideration received therefOl', or to the fact of the sale or disposal having taken place without his participation Or to his own personal knowledge, hut the Justice trying the case, so soo.n as it appears to him that the circmnstnnces in evidence sufficiently estahlish the infraction of law com plained of, shall. put the defendant on his defence, and, in default of his rebuttal of such evidence, may convict him according·ly. 24.

The Justice trying the case shall, in the absence of proof to the contrary, be at liberty to infer that the liquor in qnestion is intoxicating from the fact that the witness describes it as intoxicating or by a name that is cOllllllonly applied to an intoxicating liquoi·. 25.

(1) Any con traven tion of the provisions of this Ol'dimmce hy any employee, servant, agent 01' workman of any vendol' Ol' othel' person shall be IH'esumed to he the act of such vendor or other employer of such employee, servant, agent or work man and such employel' shall he answerahle for and shall be punished fol' such offence, Provide9 that nothing herein shall ahsolve the actual offender from guilt and punishment for any such offence.

THE LIQUOR DISPENSAUY OUDINANCE. 57

(2) Such presumption may be rebutted by proof of explicit instructions to the contrary by such vendor or other employer, and any such em ployee, servant, agent or workman contravening any of the pl"ovisions of this Ordinance and dis obeying any such implicit instructions shall be liable, on

summary conviction, to imprisonment for not less than ten days nor more than two months, without the option of a fine.

(3) In the event of an incorporated company contravening any of tlle provisions of this Ordin ance, the officer or agen·t of the company in charge of the particulal" premises upon whiCh the offence is committed, as well as the said company, shall be liable to the penalties prescribed by this Ordinance. • 26.

(1) The burden of proving the right to have or keep or sell or give liquol" shall be on the person accused of improperly or unlawfully having, keep ing, selling or giving such liquor.

(2) The burden of proving that any prescrip tion 01' administration of liquor is bona fide and for medicinal purposes only, shall be upon the, per son who prescribes or administers such liquor or ,causes such liquor to be administered, and the Jnstice trying the ca~e ~hall have the right to draw inferences of fact from the frequency with which similar prescriptions are given and from the amonnt of liquor prescribed or administered. 27. 'Nothing in this Ordinance shall be taken to pre vent the importation of liquor into the Tel"l'itory by any person for his own use under the provisions of any Ordin ance of the Govel'llor-in-Council or any ·order of the .

Governor·in-Council in force in the Territory, or the pos session of any such liquor by any such person for his own use. 28. The proceedings upon information for an offence against any of the provi'sions of this Ordinance where a Presumption may be rebutted. Penalty. Violation by Incorporated company, Burden 'of proof on accused. Burden Of proof that prescrIption or giving I1quor for medicinal purposes Is bona fide Ordinance does not apply to lawful Importation. ProceedIngs where prevIous

convIction Charged. Subsequent· offence tn be Brst InquIred Into. Proof of previous conviction. Proceedings where previous conviction set aside. Several ofTences on one day. 58 THE LIQUOR DISPENSARY ORDINANCE. previous conviction is charged shall be as follows:

(1) The Magistrate shall in the first instance inquire concerning the subsequent offence,. and if the accused is found guilty thereof, he shall then, and not before, be asked whether he was so pre viously convicted as alleged in the information, and if he answers that he was so previously con victed he shall he sentenced accordingly; but if he denies that he was so previously convicted, 01' does not answer such q nestion, the Magistrate shaH then inquire concerning snch previous conviction or convictions.

(2) Such previ9us conviction may be proved pri'lJt(t t(tC'ie hy the production of a certificate pur· parting to be under the hand of the convicting ~I~istrate 'or the Olerk of the Oourt to whose office the conviction has heen retUl·ne(l, without proof of signature or official character.

(3) In the event of any convidio:l for any second or any suhsequent offence becoming void 01· defedive after the making thcl·eof hy reason of auy previons conviction being- set aside, quashed 01· othcrwise rendered void, the Magistrate hy whom slH:h sct:oucl or suhsequent cmnietion was made shall SUllllllon the person eonvided to appeal' at a time and place to be llamel1, Hnd shall thereupon, upon proof of due sel:vice of sumlllons, if such person fails to appeal', or on his appcarmlce, amencl sueh second 01' suhsequent conviction and adjudge such pena1t~~ or punishment as might haye been adjudged liad such previous conviction· never existed, and such amended conviction shall there upon be beld valid to all intents and purposes as if it had been made in the first instance, 29.

Oonvidions for several offences may be made under this Or(linance although such offences ruay have heen committed on the same day; but the increased penalty or punishment hel'einbefore imposed shall only be incurred or awarded in the case of offences committed

TIlE LIQUOR DISPJoJNSARY ORDINANCE. 59 on different days and after the information laid for a first offence. 30.

Whenever any corporation is convicted of an offence under this Ordinance, in addition to any other remedy provided hereby, a copy of such conviction or order certified to by. the Magistrate or Justice making the 'same, or by the officer in whose custody the same is by law required to be kept, may be filed in th~ Territorial Court of the Yukon Territory, and such conviction or order shall thereupon become a judgment of said Court and all proceedings may be thereupon taken and ~ad as on any other judgment of said Cou~·t. 31.

Nothing in this Ordinance contained shall be con strued as in any way affecting, limiting or restricting any proceedings which can or may be taken or had for the infliction of punishment by penalty or imprisonment or the modes of enforcement or recovery of fines 01' penalties. 32.

Any Magistrate, if satisfied by the information on the oath of any police officer, '01' constable, that there is reasonable ground for the belief that any spirituous or fermented Jiquor is being kept for sale or disposal, con trary to the provisions of this Ordinance, in any house or place within his jurisdiction, may, in his discretion, grant a warrant under his hand by virtue whereof it shall he lawful for the person named in such warrant, at any time or times within two months from the date thereof to enter, if need be, by force, the place named in the war rant and every part thereof and of the premises con nected therewith, and to examine the same and search for liquor therein, and for such purpose such person may, if necessary, with such assistance as he deems expedient, break open any door, lock 01' fastening of such premises, or an,)' part thereof, 01' of any closet, cupboard, box or other

article likely to contain any such liquor; and in the event of any 1iqnor being so found and unlawfully kept on the said premises, the occupant thereof shall, until the contrary be proved, be deemed to have kept such liquor for the purpose of sale, contrary to the provisions of this Ordinance, and may be arrested by such officer or person having the' warrant for search as aforesaid, and Conviction against corporation shall on flllng In Territorial Court become a. judgment. Proceedings for Indicting punishment not restricted. Magistrate may Issue search warrant.

1;elzure of liquor found on 'search, Forfeiture. 60 THE LIQUOU DISl'ENSAUY OUDIX.\NCE. any person so arrested shall, upon conviction, be liable to a fine of not less than $200.00 and costs, or, in default of payment thel'eof forthwith, to imprisonment for not less thHn three llIonths and not more than six months. 33. 'Vhen any police officer 01' constable, in making or attempting to make any seal'ch untIel' 01' in pursuance of the authority confel'l'ed by the next pL'eeeding

section 01' undel' the wal'l'ant mentioned, 01' under any other

section of this Ordinanee, finds in a house 01' place any liquor ,,-hich, in his opinion, is unla ",fully kept for sale 01' disposal contrary to this Ordinance, he may forthwith seize and l'cmovc the same and the vessel in which the same is kept, and upon the eonviction o~ the occupant of such house 01' place, 01' any other pel'son, for unlawfully keeping liquor for sale, the :Magistrate making such con viction may, in and by the said conviction, 01' by a separate and subsequent order, declal'e the said liquor and vessels 01' any part thel'eof to be forfeited to His 'Majesty, to be sold 01' otherwise disposed of in such lawful manner as the Commissioner may direct, and the proceeds of any such sale shall be forthwith transmitted to the Territorial Treasl1l'er, to fOl'm a part of the General Hevenuc Fund.

Date of 34. This Ordinance shall come into force on the 2Uth <:omlng Into force. day of ~Iay, 1!)20.

SUPPLY. 61

CHAPTER 11 AN ORDINANCE FOH GRAN'rING 'ro 'l'HE CO)IMIS SIONER CEH'rAIN SUMS OF UONEY TO DE FRAY THE EXPENSES OF THE PUBLIC SER VICE OF 'rIlE TERRITORY AND THE CITY OF DAWSON. [Assented to Apl'U 28, 1920.] lVhereas, It appears by Message from George Patton ~rackenzie, EsquiL·e, the Gold Commissioner of the Yukon Territory, and in the Supplementary Estimates accom panying the same, that the sums hereinafter mentioned in

Schedule "A" are required to defray certain further expenses of the Public Service of the Yukon Territory and the City of Dawson, and for the purposes relating thereto for the twelve months ended March 31st, 1920; and, lVhereas, It appears by Message from George Patton Mackenzie, Esquire, the Gold Commissioner of the Yukon Territory, and 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 'rerritory, and for the purposes relating thereto for the twelve months ending ?\[al'ch 31st, 1921; and, . lVhereas, It appears by ~ressage from George Pat ton Mackenzie, Esquire, the Gold Commis'sioner of the Yukon Territory, and the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule " C " to this Ordinance are required to defray certain expenses of the Public Service of the City of Dawson and for the

62 SUPPLY. purposes relating thereto for the twelve months ending March 31st, 1921. The Commissione1' of the Yukon Territory, by and with the advice and consent of the Council of the said Tel'l'itol'Y, therefore cnacts as follows: 1.

From and out of the sum at the disposal of the Yukon Council there shall be paid and applied a further sum, not exceeding in the whole fifty-seven thousand and ten dollnrs Hlld seventy-eight cents, for defraying the several charges and cxpenses of the Puhlic Service of the Yukon Tel'l'itory for the twclve months ended :March 31st, 1920, as set forth in Hehedule "A" to this Ol'(lin ance; alld from and ou t of the SlllllS at the disposal of the Yukon Council there shall he paid and applied a further sum, not exceeding in the whole one thousand two hundred and sixty-eight dollal's and ninc cents, for defraying the severnl charges and expenses of the Public Service of the City of Dnwson for the twelve months ended )fareh 31st, 1920, as set forth in

Schedule "A" to this Ordinance. 2. From nnd out of the fuuds at the disposal of the Yukon Council there shall, and may, be paid and applied a sum not exceeding in the whole one hundred amI sixty seven thousand nine hundred and eighty-five dollars and forty cents f01' defrayiug the several charges and expenses of the Public SCl'Yice of the Yukon 'rerritory for the twelve months ending !\iarch 31st, 1921, as set forth in

Schedule "B" to this Ordinance. 3. 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 forty thousand six hundred and twenty-six dollars and seventy-three cents for defraying the several charges and expenses of the Public Service of the City of Dawson for the twelve months ending :March 31st, 1921, as set forth in Schedule" C" to this Ordinance. 4. 'l'he due application of all monies expended shall be duly accounted for.

SUPPLY. 63 SCHEDULE" A." Further sums granted to the Commissioner by this Ordinance for the twelve months ended ~Ial'ch 31st, 1920, and the IHlrposes for which they ure granted: Yukon Oouncil, travelling expenses ................................. $ 20.50 Dawson School ................................................................................... . Public Health and cure of care of indigents ........ .

Yukon Law Library Assay Office ............... : ........................................................................... .. 1,624.73 805.37 21.49 181.90 Contingencies ....................................................................................... 2,708.67 Election, three . Members to CounciL.............................. 1,121.00 Roads, Bridges and Public Works.................................... 12,778.29 The Liqnor Traffic Ordinance, Government Agencies ............................................................................................. 37,748.83 $5

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1920
Type	statute
Volume / chapter	1920
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	5a1def312e206255b41e16d8841aef34465f558b

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