ing thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office; and the said deputy sheriff shall be answerable for the execution of the office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resigning or having been removed would by law have been if he had been living or continuing in office and the security given to the sheriff so deceased, resigning or being removed by his said deputy sheriff and his pledges as well as the security given by the said sheriff shall remain and be a security to the King His Heirs and Successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. N.W.T., c. 23, s. 22. SECURITIES AND OATHS OF OFFICE. filed. 23. Every sheriff before entering upon the duties of his Copy of office and if after entering upon his duties a new securtiy security to be is substituted for any previously given shall file in the office of the Territorial Secretary a copy, certified as such by the Secretary of State for Canada, of the security required by and given under The North-west Territories Act or of such substituted security. N.W.T., c. 23, s. 23. 24. Such security shall be available to and may be sued Security may upon by any person suffering damages by the default, be sued upon. breach of duty or misconduct of such sheriff. N.W.T., c. 23, s. 24. 25. A copy of such security purporting to be such, certi- Certified copy fied by the Territorial Secretary, shall be received in all of security courts as prima facie evidence of the due execution and contents thereof without further proof. N.W.T., c. 23, s. 25. evidence. 26. Every deputy sheriff appointed under the provisions Oath of office. of any Ordinance of the Territory in that behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2.) All such oaths shall be filed in the office of the Territorial Secretary immediately after being taken. N.W.T., c. 23, s. 26. DEPUTY SHERIFFS. appointed. 27. The sheriff of the Yukon Territory may appoint one Deputy or several deputy sheriffs and in the event of his being sheriffs to be absent from Dawson or becoming incapacited through illness, or otherwise and failing to appoint such deputy sheriff or sheriffs a judge of the Territorial Court may appoint one or several such deputy sheriffs and such Powers and duties of deputy. Deputy to Security may be proceeded upon. deputy sheriffs shall have and perform the powers, duties and obligations hereinafter mentioned. No. 26 of 1902, s. 8, ss. (4.) 28. All the powers, duties and obligations which may be exercised or performed by the sheriff may be exercised and performed by any such deputy sheriff respectively and process for the purpose of binding property may be placed in the hands of such deputy sheriff and such deputy sheriff shall have and use a duplicate of the seal of the sheriff and keep such books as are kept by the sheriff. No. 26 of 1902, s. 8, ss. (6). 29. Each deputy sheriff before entering on his duties give security. shall give security to the Commissioner to the satisfaction of the Commissioner in the sum of $2,000 for the due performance of the duties and obligations of his said office and for the due payment over to the persons entitled thereto of all moneys received by him by virtue of his said office and any person sustaining damage by reason of the non-performance or improper or undue performance of such duties or obligations by reason of the non-payment over of such moneys shall have and possess a right of action against such deputy sheriff and his sureties upon such security for the amount of such damages. N.W.T., c. 23, s. 30. Sheriff not respon sible or deputy. Sheriff or deputy not to 30. The sheriff shall not after the giving of such security by his said deputies be answerable or accountable for the acts or non-performance or improper performance of the duties and obligations of his said deputies. N.W.T., c. 23, 8. 31. 31. No sheriff or deputy sheriff while holding office shall act as solicitor practice as a solicitor of the Territory or be a member of any firm of solicitors practising in the Territory. N.W.T., c. 23, s. 32. I, SCHEDULE. DEPUTY SHERIFF'S OATH OF OFFICE. do swear that I will truly and faithfully perform the several duties of deputy sheriff to which I have been appointed without fear, favour or malice. So help me God. CHAPTER 20. An Ordinance respecting the procedure and practice in connection with the exercise of the civil jurisdiction of Police Magistrates. Practice in Court to be Court. 1. The jurisdiction of each of the Police Magistrates Magistrates appointed under Chapter 41 of the Dominion Acts of 1901, same as in entitled, "An Act to amend the Yukon Territory Act and Territorial to make further provision for the administration of Justice in the said Territory," shall be exercised so far as regards procedure and practice in the same manner as the jurisdiction of a judge of the Territorial Court of the Yukon Terri tory and the practice and procedure in civil cases over which such magistrate has jurisdiction shall be regulated by the Ordinance respecting the Administration of Civil Justice, and the Rules of Court made thereunder. No. 34 of 1901, s. 3. Cases to be with as if Court. 2. Every such case shall be commenced and proceeded proceeded with both before judgment and subsequently as if the same brought in was a cause commenced in the Territorial Court save that Territorial the same may be tried and judgment given and decisions and determinations and rules, orders and decrees made in any such case by the proper Police Magistrate. No. 34 of 1901, s. 4. Appeals from Territorial 3. All appeals from the Police Magistrate shall be heard magistrates to by the Territorial Court sitting en banc,and shall be by be heard by way of rehearing, and shall be brought by a notice of Court en banc. appeal in a summary way, and no petition, case or other formal proceeding other than such notice of appeal shall be necessary. The Appellant may, by the notice of appeal, Appeal. 4. The notice of appeal shall be served on all parties Notice of directly affected by the appeal, and it shall not be neces- appeal, sary to serve parties not so affected, but the Territorial how served. Court may direct notice of the appeal to be served upon all or any of the parties to the action or other proceeding or upon any person not a party, and in the meantime may post Time within to be given. pone or adjourn the hearing of the appeal upon such terms. as are just, and may give such judgment and make such order as might be given or made if the persons served with such notice had been original parties. Any notice of appeal may be amended at any time that the Court thinks fit. No. 34 of 1901, s. 6. 5. The notice of appeal shall be served within ten days which notice from the day the appelant or his solicitor first had notice that the order upon the decision appealed from had been made, but the court or judge may enlarge and extend the time for giving such notice of appeal either before or after the expiration thereof. No. 34 of 1901, s. 7. Appeal shall not stay proceedings unless ordered. Questions of fact, how determined. 6. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from except so far as the magistrate appealed from or the court orders, and no intermediate act or proceeding shall be invalidated except so far as the court directs. Such deposit or other security shall be made or given as directed by the court or judge. No. 34 of 1901, s. 8. 7. When any question of fact is involved in an appeal the evidence taken before the Magistrate bearing on such question shall, subject to any special order, be brought before the court as follows: (a.) As to any evidence taken by affidavit by the production of copies of such affidavit ; (b.) As to any evidence given orally, by production of the notes of the evidence as extended by the Stenographer or made by the Magistrate or such other material as the court deems expedient. No. 34 of 1901, s. 9. CHAPTER 21. An Ordinance Respecting the Office of Public Administrator. ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS. 1. The Public Administrator shall furnish security to the To furnish satisfaction of the Commissioner, in the penal sum of security. $10,000 conditioned for the due performance of his duties; but shall not otherwise be required to furnish security as Administrator unless a judge so directs, and such security may be furnished by bond or agreement of any guarantee company approved by the Commissioner. No. 50 of 1899, s. 2. 2. During the months of January and July in each year, To report in the Public Administrator shall furnish to the Commissioner January and July. a statement in detail, verified on oath, of the emoluments of his office for the six months preceding the first of January or the first of July, as the case may be. No. 50 of 1899, s. 3. administrator other person 3. Unless and until letters of administration are granted Public by the proper court in that behalf to some person entitled to administer thereto or letters probate of the last will of the deceased are until some granted to the executor or executors therein named, the appointed. Public Administrator shall be the administrator, or the administrator with the will annexed (as the case may be) of the estates, both real and personal, of all persons who have heretofore died or may hereafter die, leaving property within the Yukon Territory, and shall, without grant of letters of administration have, in respect to such estates, all the rights, powers, privileges and authority, and shall perform all the duties incumbent upon, and shall be subject to all the liabilities of, an administrator or executor, acting under the authority of letters of administration or letters probate. No. 50 of 1899, s. 4. notified to 4. Any person or persons in whose charge or care, or Death to be upon whose premises any person dies, shall forthwith give potite and notice of such death to the Public Administrator or to the Public officer or constable commanding at the post of the North- administrator West Mounted Police nearest the place where such death occured, and shall also forthwith deliver to the Public |