ORDINANCE No. 21 OF 1902. An Ordinance to authorize the Consolidation of the WH Ordinances. [Assented to September 11th, 1902.] HEREAS it is expedient that measures should be adopted for consolidating the Ordinances of the Yukon Territory: Therefore, the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. It shall be lawful for the Commissioner to issue a Commiscommission to one or more person or persons, constituting ioners to be appointed to him or them Commissioner or Commissioners for consoli- consolidate dating the Ordinances of the North-West Territories in Ordinances. force in the Yukon Territory and the Ordinances of the Yukon Territory, and from time to time in case of the death, or refusal or incapacity to act of any or either of the said Commissioners, to appoint some other person or persons to be a Commissioner or Commissioners as aforesaid to accomplish the purpose of this Ordinance. 2. The said Commissioner or Commissioners shall be Powers of and he or they is or are hereby fully authorized and em- commissioners powered to prepare and arrange for publication of the said Ordinances, to omit all such Ordinances and parts of Ordinances which have expired, been repealed or had their effect, and all Ordinances repealing any or any parts or any Ordinances as well as the Ordinances and parts of Ordinances repealed, and the schedules of all such repealed or repealing Ordinances, and to alter the numbers of the said Ordinances and the sections thereof, and without in any manner changing or affecting the legal effect of the said Ordinances, correct any misprint or error, or any contradiction or ambiguity in the said Ordinances, and make such alterations in the language of the said Ordinances, as are requisite in order to preserve a uniform mode of expression, and may make such minor amendments as are necessary to correct clerical or typographical errors, and to frame a comprehensive index to the entire work. Remuneration of commissioners. Original roll of Ordinances. 3. It shall be lawful for the Commissioner to direct the payment of such sum or sums as he may think fit, not exceeding the moneys to be appropriated from time to time by the Commissioner in Council for such purpose, as a remuneration for such Commissioner or Commissioners, and also for such further charges and expenses as may be incurred, laid out and expended in the printing and binding of the said Consolidated Ordinances or incident thereto. 4. So soon as the said consolidation of such Ordinances has been completed the Commissioner may cause a correct roll thereof (which may be partly printed and partly writ ten), attested under his signature and countersigned by the Clerk of the Council, to be deposited in the office of the Territorial Secretary, which roll shall be held to be the original thereof and to embody the several Ordinances and parts of Ordinances mentioned as repealed in schedule 2 thereto annexed; any marginal notes, however, and headings in the body of the Ordinances and references to former enactments being held to form no part of the said Ordinances but to be inserted for convenience of reference only. Proclamation. 5. The Commissioner after such deposit of the said last mentioned roll may by proclamation declare the day of, from and after which the same shall come into force and have effect as law by the designation of "The Consolidated Ordinances of the Yukon Territory, 1902." Effect of 6. On and from such day the same shall accordingly proclamation. come into force and effect by the said designation to all intents as though the same were expressly embodied in and enacted in this Ordinance to come into force and to have effect on and from such day; and on and from the same day all the enactments in the several Ordinances and parts of Ordinances in schedule 2 mentioned as far as they relate to the Territory shall stand and be repealed to the extent mentioned in the said schedule save only as hereinafter is provided. Saving as to transaction, &c., anterior 7. The repeal of the said Ordinances and parts of Ordinances shall not revive any Ordinance or provision of law to the repeal. repealed by them; nor shall the said repeal prevent the Matters not affected by repeal. effect of any saving clause in the said Ordinances and parts of Ordinances, or the application of any of the said Ordinances or parts of Ordinances or of any Ordinance or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. S. The repeal of the said Ordinances and parts of Ordinances shall not affect : (a.) Any penalty, forfeiture or liability incurred before the time of such repeal or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal; (b.) Any action, suit, judgment, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; (c.) Any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclamation, contract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of such repeal; (d.) Any office, appointment, commission, salary, allowance, security or duty or any matter or thing appertaining thereto at the time of such repeal; (e.) Any marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of such repeal ; 2. Nor shall such repeal defeat, disturb, invalidate or prejudically affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal; but every such (a.) Penalty, forfeiture and liability; (b.) Action, suit, judgment, decree, certificate, execution, prosecution, process, order, rule, proceeding, matter or thing; (c.) Act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclamation, contract, lien, charge, status, capacity, immunity, matter or thing; (d.) Office, appointment, commission, salary, allowance, security or duty; (e.) Marriage certificate and registry thereof and every such other matter and thing, and the force and effect thereof respectively may and shall continue as if no such repeal had taken place, and so far as necessary may be continued, prosecuted, enforced and proceeded with under the said Consolidated Ordinances of the Territory and other Ordinances and laws having force in the Territory, so far as applicable thereto and subject to the provisions of the said several Ordinances and laws. not to be 9. The said Consolidated Ordinances of the Territory Consolidated shall not be held to operate as new laws but shall be con- Ordinances strued and have effect as a consolidation of the law as deemed contained in the said Ordinances and parts of Ordinances new law. of the Territory and substituted, and the Commissioner in Council is not to be deemed to have adopted the construction which may by judicial decision or otherwise have been placed upon the language of any of the Ordinances included. Construction where the Ordinances. amongst the said Consolidated Ordinances of the Territory; (2.) The various portions of the Consolidated Ordinances same in effect corresponding to and substituted for the provisions of the as the repealed Ordinances and parts of Ordinances so repealed shall, where they are the same in effect as those Ordinances and parts of Ordinances so repealed, be held to operate retrospectively as well as prospectively and to have been passed upon the days respectively upon which the Ordinances and parts of Ordinances so repealed came into effect. Reference to repealed Ordinance in former Ordinance. Effect of insertion of 10. Any reference in any former Ordinance remaining in force or in any instrument or document to any Ordinance or enactment so repealed shall after the Consolidated Ordinances take effect be held as regards any subsequent transaction, matter or thing to be a reference to the enactments in the Consolidated Ordinances having the same effect as such repealed Ordinances or enactment. 11. The insertion of any such Ordinance in the said an Ordinance schedule 2 shall not be construed as a declaration that such in schedule II. Ordinance or any part of it was or was not in force immediately before the coming into force of the said Consolidated Ordinances. Copies printed by direction of 12. Copies of the Consolidated Ordinances printed under the direction of the Commissioner from the roll so deposited commissioner shall be received as evidence of the said Consolidated Ordito be evidence nances in all courts and places whatsoever. Distribution of copies. This Consolidated 13. The Consolidated Ordinances shall be distributed in such numbers and to such persons only as the Commissioner may direct. 14. This Ordinance shall be printed with the said Consolidated Ordinances and shall be subject to the same rules of construction as the said Consolidated Ordinances. 15. Any chapter of the said Consolidated Ordinances be cited and referred to in any Ordinance or proceeding may whatsoever either by its title as an Ordinance or by its short title or by using the expression "The Consolidated Ordinance respecting (adding the remainder of the title at the beginning of the particular chapter) or by using the expression "The Consolidated Ordinances 1902 chapter (adding the number of the particular chapter printed in the copies printed under the direction of the Commissioner). THE YUKON TERRITORY ACT. 61 VICTORIA, CHAP. 6. As amended up to the date of the coming into force of the Consolidated New sections from amending Acts have the numbers bracketed thus (6.) An Act to provide for the Government of the Yukon Territory. As amended by 62-63 Victoria, Chapter 11. [Assented to 11th August, 1899.] (Consolidated for Office Purposes.) HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as The Yukon Territory Act. Short title. defined and 2. The territory described in the schedule to this Act, is The Yukon hereby constituted and declared to be a separate territory Territory under the name of the Yukon Territory, and the same shall constituted. no longer form part of the North-west Territories. (S. 13, c. 41, 1 Edw. VII.) 3. The Governor in Council may, by instrument under Commissioner the Great Seal, appoint for the Yukon Territory a chief executive officer, to be styled and known as the Commissioner of the Yukon Territory. Government. 4. The Commissioner shall administer the government Administraof the Territory under instructions from time to time given tion of him by the Governor in Council or the Minister of the Interior. 5. The Governor in Council, by warrant under his Privy Composition Seal, may constitute and appoint such and so many persons, of Council. from time to time, not exceeding six persons, as may be Appointed deemed desirable, to be a Council to aid the Commissioner members. in the administration of the Territory, and such persons so appointed to the Council shall, before entering upon the duties of their office, take and subscribe before the Commis- Oaths of office. sioner such oaths of allegiance and office as the Governor in Council may prescribe. |
