Actions on simple contracts. The Real Property Limitation Act (Imp.) in force. CHAPTER 29. An Ordinance respecting Limitation of Actions in 1. All actions for recovery of merchants' accounts, bills, notes, and all actions of debt grounded upon any lending or other contract without specialty shall be commenced within six years after the cause of such action arose. N.W.T., c. 31, s. 1. 2. The provisions of The Real Property Limitation Act, 1874, being chapter 57 of the Statutes of the Imperial Par liament, passed in the thirty-seventh and thirty-eight years of Her Majesty Queen Victoria's reign, are hereby declared to be in force and to have been in force in the Territory since the passing thereof. N.W.T., c. 31, s. 2. CHAPTER 30. An Ordinance Respecting Constables. constables. 1. Any justice of the peace may in writing appoint one Justices may or more constables whose powers and duties as such shall appoint extend to the whole of the Territory; such appointment to be in force for the time mentioned in the appointment but Duration of shall at no time be longer in force than until the thirty-first office. day of December then next following the date of such appointment or until any process on the said thirty-first day of December in his hands is executed. N.W.T., c. 33, s. 1. 2. Every constable so appointed shall before entering Oath. upon the duties of his office take and subscribe before a justice of the peace the following oath : I, having been appointed constable for the Yukon Territory do solemnly swear that I will truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God. N.W.T., c. 33, s. 2. may enter any time to see 3. It shall be lawful for any Sheriff, Deputy Sheriff, Con- Sheriff and stable or other peace officer of this Territory, whether peace officers uniformed or otherwise vested with a badge or other sign buildings at showing his authority to enter, without a warrant, at any if ordinances hour of the day or night, any dwelling, shop or other build- are violated. ing, or appurtenances within the curtilage thereof, wherein any business is conducted, or supposed to be conducted, and for which a special license has been, or should have been previously obtained under any Ordinance of the Territory, or any rule, orders or by-laws thereunder, and to make such inspection of the said premises as will permit any such officer to ascertain whether any such Ordinance, rule, orders or by-laws thereunder, are in any way violated or infringed upon. No. 42 of 1899, s. 1. 4. Any one assaulting, or obstructing, any such officer or Penalty for refusing to permit any such officer to enter and inspect any ocer. obstructing such premises for the purpose aforesaid, or any one instructing or advising any person to assault, obstruct, or refuse to permit any such officer to enter and inspect such premises shall be liable on summary conviction to a fine not exceeding $100 and costs, and in default of payment, to imprisonment not exceeding two months. No. 42 of 1899, s. 2. Costs in distraints rates in schedule. CHAPTER 31. An Ordinance respecting Distress for Rent and Extrajudicial Seizure. 1. No person making any distress for rent nor any person not to exceed employed in any manner in making such distress or doing any act in the course of such distress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person any other or more costs and charges for and in respect to such distress or any matter or thing done therein than such as are fixed in the Schedule to this Ordinance and applicable to each proceeding which has been taken in the course of such distress and no person or persons shall make any charge for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act, matter or thing has been really performed or done. N.W.T. c. 24, s. 1. Seizure under chattel mortgages, etc., costs regulated. Penalty for taking excessive costs. 2. No person making any seizure under the authority of any chattel mortgage, bill of sale or any other extra-judicial process nor any person employed in any manner in making such seizure or doing any act in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which has been done in course of such seizure and no person or persons shall make any charge for any act or matter or thing mentioned in the said schedule unless such act, matter or thing has been really performed and done. N.W.T., c. 34, s. 2. 3. If any person making any distress or seizure referred to in sections 1 and 2 of this Ordinance takes or receives any other or greater costs than are set down in the said schedule or make any charge for any act, matter or thing mentioned in the said schedule and not really performed or done the party aggrieved may cause the party making the said distress or seizure to be summoned before the Territorial Court and the said court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provisions of this Ordinance and the costs of suit. N.W.T., c. 34, s. 3. to property 4. A landlord shall not distrain for rent on the goods Distraint for and chattels the property of any person except the tenant rent limited or person who is liable for the rent although the same are of tenant. found on the premises; but this restriction shall not apply Exceptions. in favour of a person claiming title under or by virtue of of an execution against the tenant or in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant whether absclute or in trust or by way of mortgage or otherwise nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the right of distress by the landlord nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. N.W.T., c. 34, s. 4. interest on 5. The right of a mortgagee of land or his assigns to dis- Distress for train for interest in arrear or principal due upon a mortgage mortgage. shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. N.W.T., c. 34, s. 5. 6. Goods distrained for such interest or principal shall Notice of sale. not be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. N.W.T., c. 34, s. 6. 1. Levying distress.... SCHEDULE. 2. Man in possession, per day. ... 3. Appraisement, whether by one appraiser or more, two cents on the dollar on the value of goods up to $500 and one cent on the dollar for each additional $500 or fraction thereof up to $2,000, and one half cent on the dollar on all sums over that amount. 4. All reasonable and necessary disbursements for advertising. 5. Catalogue, sale, commission and delivery of goods, three per cent on the net proceeds of the goods up to $1.000 and one and one-half per cent thereafter. 21-Y.O. $2.50 CHAPTER 32. An Ordinance respecting Arbitration. SHORT TITLE. 66 Short title. 1. This Ordinance may be cited as The Arbitration Ordinance. N.W.T., c. 35, s. 1. INTERPRETATION. Interpretation 2. In this Ordinance unless the contrary intention appears: "Submission." 1. "Submission " means a written agreement to submit present or future difference to arbitration whether an arbitrator is named therein or not; "Court." "Judge." "Rules of court. 2. "Court" means the Territorial Court of the Yukon Territory. 3 "Judge" means a judge of the Territorial Court of the Yukon Territory. 4. "Rules of Court" means the rules of the Territorial Court of the Yukon Territory. N.W.T., c. 35, s. 2. Effect of submission. Submission includes provisions in schedule. REFERENCES BY CONSENT OUT OF COURT. 3. A submission unless a contrary intention is expressed therein shall be irrevocable except by leave of the court or a judge and shall have the same effect in all respects as if it had been made an order of court. N.W.T., c. 35, s. 3. 4. A submission unless a contrary intention is expressed therein shall be deemed to include the provisions set forth in the schedule to this Ordinance so far as they are applicable to the reference under submission. N.W.T., c. 35, s. 4. Stay of 5. If any party to a submission or any person claiming proceedings. through or under him commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings apply to that court to stay the proceedings and |