Several actions. Consolidation. Parties. Notice to insurance company. Rights of creditors. No interference with other modes of assignment, etc. Surrender or assignment of policy. or apply such bonuses or profits as the insured directs and according to the rates and rules established by the company: Provided always that the company shall not be obliged to pay or apply such bonuses or profits in any other manner than stipulated in the policy or the application therefor. N.W.T., c. 49, s. 19. 20. In case of several actions being brought for insurance money the Court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect of the shares of all the persons entitled under a policy. If an action is brought for the share of one or more infants entitled all the other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The persons entitled to receive the shares of the infants may join with any adult persons claiming shares in the policy. In all actions where several persons are interested in the money the Court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and relief. N.W.T., c. 49, s. 20. 21. No declaration or appointment affecting the insur ance money or any portion thereof nor any appointment or revocation of a trustee shall be of any force or effect as respects the company until the instrument or a duplicate or copy thereof is deposited with the company. Where a declaration or indorsement has been heretofore made and notice has not been given the company may until they receive notice thereof deal with the insured or his executors, administrators or assigns in respect of the policy in the same manner and with the like effects as if the declaration or indorsation had not been made. N.W.T., c. 49, s. 21. 22. If the policy was effected and premiums paid by the insured with intent to defraud his creditors the creditors shall be entitled to receive out of the sum secured an amount equal to the premiums so paid. N.W.T., c. 49, s. 22. 23. Nothing contained in this Ordinance shall be held or construed to restrict or interfere with the right of any person to effect or assign a policy for the benefit of his or her father, mother, husband or wife or children or some one of them in any other mode allowed by law. N.W.T., c. 49, s. 23. 24. Where all the persons entitled to be benefitted whether by original insurance, by written declaration or instrument of variation or apportionment under any policy are of full age they and the person insured may surrender the policy or assign the same either absolutely or by way of security.. N.W.T., c. 49, s. 24. succession. 25. Where any policy of insurance or written contract Persons of life insurance or the declaration indorsed upon or entitled in attached to any policy of insurance to which this Ordinance applies whether such declaration has heretofore been or shall hereafter be made provides that the policy shall be for the benefit of a person and in the event of the death of such person for the benefit of another person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the person entitled to be benefitted under such policy. N.W.T., c. 49, s. 25. Contracts of hiring. Servant guilty CHAPTER 46. An Ordinance respecting Masters and Servants. 1. Every contract or hire of personal service shall be subject to the provisions of this Ordinance and if such contract is for any period more than one year it shall be in writing and signed by the contracting parties. N.W.T., c. 50, s. 1. 2. Any person engaged, bound or hired whether as clerk, of misconduct. journeyman, apprentice, servant, labourer or otherwise howsoever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissipating his employer's property or effects shall be deemed guilty of a violation of his contract and upon summary conviction of one or more of the said violations, forfeit and pay such sum of money not exceeding $30 as to the justice seems meet together with costs of prosecution and in default of payment thereof forthwith shall be imprisoned for any period not exceeding one month. N.W.T. c. 50, s. 2. Penalty. Nonpayment of wages, Limit of time for proceedings. 3. Any justice, upon oath of any employee, servant or labourer complaining against his or her master or employer concerning any nonpayment of wages (not exceeding six months' wages, the same having been first demanded) ill-usage or improper dismissal by such master or employer, may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall upon proof on oath of the personal service of the summons examine into the matter of the complaint, whether the master or employer appears or not, and upon due proof of the cause of complaint the justice may discharge the servant or labourer from the service or employment of the master and direct the payment to him or her of any wages found to be due (not exceeding six months' wages as aforesaid) and the justice shall make such order for payment of the said wages as to him seems just and reasonable with costs. N.W.T., c. 50, s. 3. 4. Proceedings may be taken under this Ordinance within three months after the engagement or employment has ceased or within three months after the last instalment of wages under the agreement of hiring has become due whichever shall last happen. N.W.T., c. 50, s. 4. 5. The provisions of this Ordinance shall be held to Ordinance to apply in the Territory to contracts and agreements made at apply to any place outside the same. N.W.T., c. 50, s. 5. contracts made outside the Territory. 6. Nothing in this Ordinance shall in any wise curtail, Civil remedies abridge or defeat any civil or other remedy for the recovery preservəd. of wages or damages which employers or masters may have against servants or employees or which servants or employees may have against their masters or employers. N.W.T., c. 50, s. 6. 7. Notwithstanding any disposition to the contrary, of Master not to any law or Ordinance in force in this Territory, whenever be imprisoned unless guilty any proceedings are taken before one or more justices of the of fraud. peace under section 4, of this Ordinance, no warrant for the imprisonment of any master or employer for nonpayment of wages shall be issued, unless it is established before the justice or justices, trying the case, that said master or employer has committed some act of fraud tending to deprive his creditors generally, or the complainant in particular of his recourse against him, or that he is about to leave the Yukon Territory, with the same intent. No. 30 of 1899, s. 1. TITLE VII. RELATING TO PROFESSIONS, TRADES, &c. CHAPTER 47. An Ordinance Respecting the Legal Profession. Short title. Territorial prepare roll of Who to be SHORT TITLE. 1. This Ordinance may be cited as "The Legal Profession Ordinance." No. 33 of 1901, s. 1. BARRISTERS' AND SOLICITORS' ROLL. 2. The Territorial Secretary shall cause to be prepared a Roll to be called the Barristers' and Solicitors' Roll for the Yukon Territory. No. 33 of 1901, s. 2. 3. He shall forthwith cause to be entered on such entered on roll Roll, in proper order according to the time of admission to the Bar in the Yukon Territory, the names of all persons who are at the date of the passing of this Ordinance enrolled as Advocates of the Yukon Territory on the Roll prepared by, and in the custody of, the Clerk of the Territorial Court, together with the respective dates of their admission as such Advocates. The Secretary shall also, from time to time enter on such roll the name of the person who fills the office of Legal Adviser for the Commissioner of the Yukon Territory and for the Yukon Council together with the date of the appointment of such persons to such office. Clerk of court (2.) The Clerk of the Territorial Court shall forthwith furnish the Territorial Secretary with a list of persons so enrolled as advocates. |