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requirements aforesaid shall be liable to a penalty not exceeding $500 on summary conviction before a justice of the peace, and thereafter to a penalty of $20 for each and every day during which default in compliance with the provisions of this Ordinance continues, on summary conviction thereof before a justice of the peace, such penalties to belong to the general revenue fund. N.W.T., c. 45, s. 9. No. 3 of 1901, s. 3.

may appoint

10. The Commissioner of the Yukon Territory may from Commissioner time to time appoint a person, with a salary, to prosecute officer to all persons who fail to comply with the requirements of prosecute. this Ordinance. No. 3 of 1901, s. 4.

EFFECT OF DECLARATION.

11. The allegations made in the declaration aforesaid Binding effect cannot be controverted by any person who has signed the of declaration. same nor can they be controverted as against any party not being a partner by a person who has not signed the same but who was really a member of the partnership therein mentioned at the time such declaration was made. N.W. T., c. 45, s. 10.

signing

declare does

12. Until a new declaration is made and filed by him Liability of or by his co-partners or any of them as aforesaid no such persons signer shall be deemed to have ceased to be a partner; but declaration. nothing herein contained shall exempt from liability any Failure to person who being a partner fails to declare the same as not exempt already provided and such person may not withstanding from liability. such omission be sued jointly with the partners mentioned in the declaration or they may be sued alone and if judgment is recovered against them any other partner or partners may be sued jointly or severally in an action on the original cause of action upon which such judgment was rendered nor shall anything in this Ordinance be construed Partners" to affect the rights of any partners with regard to each other rights inter se. except that no such declaration as aforesaid shall be controverted by any signer thereof. N.W T., c. 45, s. 11.

DECLARATION OF DISSOLUTION.

13. Upon the dissolution of any partnership any or all of Declaration the persons who compose such partnership may sign and of dissolution. file a declaration certifying the dissolution of the partnership in the form D in the schedule to this Ordinance. N.W.T., c. 45, s. 12.

REGISTRATION FEES.

14. The said registration clerk shall be entitled for filing Fees. a declaration under this Ordinance to a fee of $2 including

the certificate on the duplicate thereof and for searches made in each of such books the following fees and no more: For searching in the firm index book, each firm........$0 50 For searching in the individual index book, each name 0 50 No. 42 of 1900, s 1.

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(occupation) hereby certify:

1. That we have carried on and intend to carry on trade

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in partnership under the (or I or we) the undersigned hereby certify that I (or we)

have carried on and intend to carry on trade and business

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in partnership with

of

(as the case may be.)

2. That the said partnership has subsisted since the

day of

one thousand nine hundred

3. And that we (or I or we) and the said

and

are and have been since the said day the only members of the said partnership.

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day of

FORM B.

Style of Firm.

FIRM INDEX BOOK.

Names of Persons Com-Date of filing posing the Firm and declaration.

their Residences.

John Smith & Co..... John Smith, Dawson...... 15 Sept 1889

Edward Ives, Dawson...

James Abbott & Son. Jas. Abbott, White Horse 10

George Abbott, Calgary.

1889

Bernard & Johnson.. Arthur Bernard, Dawson 1 Mar., 1899

Alex. Johnson, Bonanza.

FORM C.

INDIVIDUAL INDEX BOOK.

Name of Individual

and Residence.

Style of Firm of Date of filing which a member. declaration.

Abbott James, Dawson... James Abbott & Son. 10 Sept. 1889

66

Abbott George
James Abbott & Son. 10 Sept. 1889
Bernard A., White Horse Bernard & Johnson.. 1 Mar., 1889

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376

TITLE VI.

RELATING TO SPECIAL RELATIONSHIPS.

CHAPTER 42.

An Ordinance respecting Marriages.

Short title.

Who may perform marriage ceremony.

Marriage ceremony not to be performed without license or banns.

SHORT TITLE.

1. This Ordinance may be cited as "The Marriage Ordinance." N. W. T., c. 46, s. 1.

SOLEMNIZATION OF MARRIAGE.

2. The ministers and clergymen of every church or religious denomination duly ordained or appointed according to the rites and ceremonies of the churches, denominations or religious bodies to which they respectively belong and commissioners and staff officers of the Salvation Army may by virtue of such ordination or appointment and according to the rites and usages of such churches, denominations or religious bodies respectively and commissioners appointed for that purpose by the Commissioner may solemnize or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. N. W. T., c. 46, s. 2.

3. No marriage commissioner shall solemnize marriage unless the parties to the intended marriage produce to him the license provided for by this Ordinance; and no minister or clergyman or other person authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage produce to him such license or unless the intention of the two persons to intermarry has

been proclaimed by publication of banns at least thrice openly on two successive Sundays in some public religious assembly. N. W. T., c. 46, s. 3.

4. All marriages shall be solemnized in the presence of Witnesses. two or more credible witnesses besides the minister, clergy

man, marriage commissioner or other person performing the Registration. ceremony; and every person solemnizing a marriage shall register the same according to the provisions of The Vital Statistics Ordinance. N. W. T., c. 46, s. 4.

5. No person duly authorized who solemnizes a marriage No action in conformity with the provisions of section 2 of this Ordin- against person solemnising auce shall be subject to any action or liability for damages marriage. or otherwise by reason of there having been any legal impediment to the marriage unless at the time when he performed the ceremony he was aware of the impediment. N. W. T., c. 46, s. 5.

ISSUE OF MARRIAGE LICENSES.

6. The marriage license shall be in form "A" in the Issue of schedule to this Ordinance and shall be supplied from the licenses. office of the Commissioner and shall be issued to persons requiring the same by such persons as the Commissioner may name for that purpose or by any minister or clergyman of any church or religious denomination who are hereby declared ex officio issuers of licenses. No. 10 of 1901,

s. 1.

7. Such licenses shall be signed by the Commissioner Signature of and shall be and remain valid notwithstanding that the licenses. Commissioner has ceased to hold office before the time of the issue of the license. N. W. T. c. 46, s. 7.

8. Every issuer of marriage licenses shall sign each license Signature by as the same is issued by him. N. W. T., c. 46, s. 8.

Issuer.

to grant of

license.

9. Before a license is granted by any issuer one of the Affidavit prior parties to the intended marriage shall personally make an affidavit before him to the effect of form B in the schedule hereto.

(2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for either of the parties to be married to attend personally before an issuer of marriage licenses :

Provided always that the reason that neither party can so attend shall be set forth in such affidavit as a justification for the issuer granting license without a personal application by one of said parties. N. W. T., c. 46, s. 9.

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