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Officer to transmit notice and assets to Public

administrator.

Rule of court contained in Judicature

Public

Administrator or to such officer or constable all moneys, goods, chattels, books, documents, papers and effects in his, or their possession or custody belonging to the estate of the deceased, and shall also inform the Public Administrator or such officer or constable of all facts within his, or their knowledge, information or belief, touching the name, age, former place of residence without the Yukon Territory, relatives and property, both real and personal of the said deceased; and any person neglecting to comply with the provisions of this section, shall be liable, upon summary conviction before a justice of the peace, to a fine not exceeding $500, and not less than $50 with costs. No. 50 of 1889, s. 5.

5. The officer or constable, to whom such notice and information are given, shall, as soon as possible, transmit the same to the Public Administrator, together with such assets of the estate as have been delivered under the next preceding section hereof. Whenever immediate transmission of the assets is practicable, a complete inventory (with an approximate valuation) of such assets shall be forth with transmitted. No. 50 of 1899, s. 6.

6. Rule 588 of the rules of court contained in the Judicature Ordinance shall not apply to the Public Administrator Ordinance not who shall, without order, exercise the powers and perform the to apply to duties therein set forth in such mode as to administer the administrator. estate which comes to his hands in a speedy and inexpensive manner, having due regard to the interests of all parties entitled to share in such estates. Where the Public Administrator has given such or the like notice as in the opinion of the court in which such administrator is sought to be charged, would have been given by the court in an administration suit for creditors and others to send into such Public Administrator their claims against the estate of the testator or intestate (as the same may be) the Public Administrator shall, at the expiration of the time named in the said notices, or the last of the said notices, for sending in such claims, be at liberty to distribute the assets of the testator or intestate (as the case may be) or any part thereof amongst the parties entitled thereto, having regard to the claims of which the Public Administrator has then notice, and shall not be liable for the assets or any part thereof, so distributed to any person of whose claim the Public Administrator has not notice at the time of the distribution thereof, or a part thereof (as the case may be) but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow the assets or any part thereof, into the hands of the person or persons who have received the same respectively. No. 50 of 1899, S. 9.

Rule to

apply to administrator.

7. Rule 590 of the said rules of court, shall apply to the Public Administrator. No. 50 of 1899, S. 10.

INFANTS AND LUNATICS.

to be guardian

8. When no other appointment has been made the Public Public Administrator shall be guardian of the estate within the administrator Yukon Territory of all infants whose parents are dead where no other or do not (one or both) reside in the Yukon Territory. No. appointed. 50 of 1899, s. 18.

administrator

witnesses.

9. The Public Administrator shall have power to sum- Public mon before him any person or persons who, in his opinion, to have power have knowledge of the estate and effects of any de- to summon ceased person, and may examine any such person or persons, upon oath, touching his, or their knowledge of the estate and affects aforesaid, and any person so summoned who neglects to attend before the Public Administrator at the time and place by him appointed or who refuses to answer any lawful questions put to him by the Public Administrator upon such examination shall, for such neglect or refusal, be subject, upon summary conviction before any justice of the peace, to a fine not exceeding $500 and not less than $50. No 50 of 1899, s. 21.

Barristers to be

CHAPTER 22.

An Ordinance respecting Commissioners to auminister

Oaths.

1. All Barristers entitled to practise in the Yukon Territocommissioners ry, and all justices of the peace, are hereby empowered to administer oaths and take and receive affidavits, declarations and affirmations in the said Territory. No. 6 of 1899, s. 1.

Commissioner

commissioners

2. The Commissioner of the Yukon Territory may, by commay appoint mission under his hand and seal from time to time, empower such and so many other persons as he thinks fit and necessary to administer oaths and take and receive affidavits, declarations and affirmations within the said Territory, and may revoke the commission or commissions of any such persons and such revocation shall operate as a revocation for all purposes. No. 6 of 1899, s. 2. No. 44 of 1900,

commissioners

outside the Territory.

s. 1.

Commissioner 3. The Commissioner may, by a commission under may appoint his hand and the seal of the Yukon Territory, from time to time empower such and so many persons as he thinks fit and necessary to administer oaths and to take and receive affidavits, declarations and affirmations without the Yukon Territory, in or concerning any cause, matter or thing depending or in any wise concerning any of the proceedings in the Territorial Court of the Yukon Territory, and every oath, affidavit, declaration or affirmation taken or made as aforesaid shall be as valid and effectual and shall be of the like force and effect to all intents and purposes as if such oath, affidavit, declaration or affirmation had been administered, taken, sworn, made or affirmed before a commissioner for taking affidavits within the Yukon Territory, or other competent authority of the like nature. No 44 of 1901, s. 1.

Name of 4. The commissioners so appointed shall be styled "Comcommissioners missioners for taking affidavits in and for the Territorial Court of the Yukon Territory." No 44 of 1901, s. 2.

CHAPTER 23.

An Ordinance Respecting Notaries Public.

Public.

1. All Barristers entitled to practice in the Yukon Ter- Barristers to ritory shall be ex officio Notaries Public, and no other per- be Notaries son shall act as such unless he receives from the Commissioner of the Territory a commission to that effect, after such an examination as the Commissioner deems to be Other persons sufficient and is enrolled in a register kept for that purpose by the Territorial Secretary, and pay an annual fee of fifty and pay dollars, such sum to form part of the general revenue fund. annual fee No. 6 of 1898, s. 1.

to pass

of $50.

2. The Commissioner may appoint by commission under Appointments his hand and the seal of the Territory one or more notaries public for the said Territory, provided that no appointment shall be made of any person or persons who at the time is not actually residing within the said Territory. N.W.T., c. 25, s. 1.

3. Every such notary shall have, use and exercise the Powers. power of drawing, passing, keeping and issuing all deeds and contracts, charter parties and other mercantile transactions in the said Territory, and also of attesting all commercial instruments that are brought before him for public protestation and otherwise of acting as usual in the office of notary and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary public during pleasure. N.W.T., c. 25, s. 2.

CHAPTER 24.

An Ordinance to Abolish Priority among Execution
Creditors.

SHORT TITLE.

Short title. 1. This Ordinance may be cited as The Creditors' Relief Ordinance." N.W.T., c. 26, s. 1.

INTERPRETATION.

Interpretation 2. In this Ordinance the expression "sheriff" includes deputy sheriffs, duly appointed bailiffs, coroners and any other person discharging the duties of sheriff in the particular case or for the time being; the expression "judge means a judge of the Territorial Court of the Yukon Territory. N.W.T., c. 26, s. 2.

Priorities

abolished.

When levy made.

notice.

Rateable

PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS

REALISED.

3. Subject to the provisions hereinafter contained there shall be no priority among creditors by execution from the Territorial Court of the Yukon Territory.

(a.) If a sheriff levies money upon an execution against the property of a debtor he shall forth with enter in a book to be kept in his office open to public inspection without Sheriff to give charge a notice stating that such levy has been made and the amount and date thereof and the money levied shall at the expiration of two months from the levy unless otherwise ordered by a judge be distributed rateably amongst all execution creditors whose writs were in the sheriff's hands at the time of the levy or who have delivered executions to the said sheriff within the said two months or within such further time as is ordered by a judge subject however to the provision hereinafter contained as to the payment of the costs of the creditor under whose writ the amount was levied :

distribution.

Provided that if money is realised by sale of lands for which a certificate of title has been granted under The Land Titles Act, 1894, the said period of two months shall be computed from the date of confirmation of the sheriff's sale under the said Act.

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