Lapas attēli
PDF
ePub

J. P.

(19e.) Each of the police magistrates so appointed shall Powers as ex officio, within the territorial limits of his jurisdiction, be a justice of the peace and have and exercise the authority and jurisdiction of two or more justices of the peace sitting or acting together.

2. Each such police magistrate shall also within such Powers as limits be a magistrate for the purposes of Part LV. of The magistrate. Criminal Code, 1892, and amendments thereto, and shall have and exercise all the jurisdiction of such a magistrate, including that vested in police magistrates of cities and incorporated towns by section 785 of The Criminal Code, 1892, as that section is enacted by section 3 of chapter 46 of the statutes of 1900, and his jurisdiction under the said Part shall be absolute without the consent of the person charged, except where such jurisdiction is dependent upon the provisions of said section 785 or of sections 789 and 790 of The Criminal Code, 1892, as amended. (S. 5, c. 41, 1 Edw. VII.)

if conferred

(19f.) The civil jurisdiction of a police magistrate so ap- Civil pointed, if the Governor in Council thinks proper to vest jurisdiction, such jurisdiction in him, shall, subject to the exceptions by Governor hereinafter mentioned, extend to the following cases: - in Council. (a.) Personal actions where the amount claimed does not

exceed $300.

(b.) Where the parties consent in writing, personal actions where the amount claimed does not exceed $500.

(c.) Claims and demands of debt, account or breach of contract or covenant or money demand, whether payable in money or otherwise, where the amount does not exceed $500.

(d.) Claims for the recovery of a debt or money demand, the amount or balance of which does not exceed $1,000 where the amount or original amount of the claim is ascertained by the signature of the defendant, or of the person whom, as executor or administrator, the defendant represents. Interest accumulated upon any claim of this class, since the amount or balance was so ascertained by the signature of the defendant or of such person as aforesaid, shall not be included in determining the question of jurisdiction, but interest so accumulated may be recovered before a police magistrate, notwithstanding that the interest and the amount of the claim so ascertained, together exceed the sum of $1,000. (S. 6, c. 41, 1 Edw. VII.)

(19g.) Such police magistrates, if given civil jurisdiction, Replevin. shall also have jurisdiction in cases of replevin where the value of the goods or other property or effects distrained, taken or detained, does not exceed $300. (S. 6, c. 41, 1 Edw. VII,)

(19h.) The following classes of cases are excepted from Exceptions the jurisdiction of such police magistrates :

(a) Actions for gambling debts;

from jurisdiction.

Appeal in civil cases

Rules of practice.

Appeals under
Crim. Code,
Part LII.

Criminal

Code, s. 785.

When final.

Under Crim.
Code, Part
Part LVIII.

(b.) Actions for spirituous or malt liquors drunk in a hotel, tavern or house of public entertainment;

(c.) Actions on notes of hand given wholly or partly in consideratian of a gambling debt or for such liquors;

(d.) Actions for the recovery of land or in which the right or title to any corporeal or incorporeal hereditaments, or to any toll, custom or franchise comes in question;

(e.) Actions in which the validity of any device, bequest or limitation under any will or settlement is disputed;

(f) Actions for malicious prosecution, libel, slander, criminal conversation, seduction or breach of promise of marriage;

(g.) Actions against a justice of the peace for anything done by him in the execution of his office, if he objects to such jurisdiction. (S. 8, c. 41, 1 Edw. VII)

(19.) There shall be an appeal to the Territorial Court from the final judgment of a police magistrate in any civil case where the amount in dispute, exclusive of costs, exceeds $100. The appeal in such case shall be heard upon the evidence taken before the police magistrate, and the judgment of the Territorial Court shall be final. (S. 9, c. 41, 1 Edw. VII.)

(197.) The Commissioner in Council shall have full power, from time to time, to make Ordinances, or to empower the judges of the Territorial Court to make general rules and orders, prescribing and regulating the procedure and practice to be observed in connection with the exercise of the civil jurisdiction of such police magistrates. (S. 10, c. 41, 1 Edw. VII.)

(19k.) For the purposes of Part LII. of The Criminal Code, 1892, and amendments, the court of appeal from the verdict or judgment of the Territorial Court or a judge thereof shall be the Supreme Court of Canada.

2. For the purposes of the said Part LII. the court of appeal from the judgment of a police magistrate proceeding under section 785 of The Criminal Code, 1892, as amended, shall be the Territorial Court en banc.

3. The judgment of the Territorial Court upon any such appeal from a police magistrate shall be final and conclusive if the judges of the court are unanimous therein, otherwise there shall be an appeal therefrom to the Supreme Court of Canada.

4. In the said Territory the appeal from a summary conviction or order under Part LVIII. of The Criminal Code, 1892, shall be to a judge of the Territorial Court sitting without a jury at the place where the cause of the information or complaint arose, or the nearest place thereto where a court is appointed to be held. (S. 11, c. 41, 1 Edw. VII.)

tion.

(197) The expression "province" in any Act of the Par- Interpretaliament of Canada includes the Yukon Territory, unless the context otherwise requires, and except in so far as the "Province.” effect of the application of this rule would be inconsistent R.S.C., c. 1, with the intent and object of such Act. (S. 12, c. 41, s. 7 (13). 1 Edw. VII.)

jurisdiction

(19m.) Each of the judges of the Territorial Court shall Criminal have, and may exercise in any part of the Yukon Territory, of judges. the criminal jurisdiction vested in the police magistrate for Dawson by chapter 41 of the statutes of 1901, and in the exercise of such jurisdiction shall have all the powers of a police magistrate under the said chapter 41. (S. 1, c. 41, 1 Edw. VII.)

(19n.) The Governor in Council may from time to time Power of a assign to one of the judges of the said court the duty of ordi- single judge. narily exercising such jurisdiction. (S. 1, c. 41, 1 Ed. VII.)

20. The Governor in Council may appoint such officers Appointment as are necessary for the due administration of justice in the of necessary officers, fixing Territory, may fix the fees or emoluments of such officers of fees, etc. and may fix the fees or emoluments of coroners, justices of the peace, jurors, witnesses and other persons attending or performing duties in relation to the administration of criminal justice, and provide the manner in which such fees and emoluments shall be paid. (S. 20, c. 41. 1 Edw.VII.)

21. In case of the death of the Commissioner the senior Provision for member of the Council shall act as Commissioner until a successor is appointed. (S. 21, c. 41, 1 Edw. VII.)

case of Commissioner's death.

c. 54.

(22.) Every regulation made by the Governor in Council Regulations under the authority of section 47 of The Dominion Lands under R.S.C., Act, applicable or relating to the Yukon Territory, shall remain in force until the day immediately succeeding the day of prorogation of the then next session of Parliament, and no longer, unless during such session of Parliament such regulation is approved by resolution of both Houses of Parliament. (S. 5, c. 34, 2 Edw. VII.)

SCHEDULE.

The Yukon Territory shall be bounded as follows:-On the south, by the Province of British Columbia and the United States Territory of Alaska; on the west, by the said United States Territory of Alaska; on the north, by that part of the Arctic Ocean called Beaufort Sea; and on the east, by a line beginning at the point of intersection of the left bank of the Liard River, by the northern boundary of the Province of British Columbia in approximate longitude 124° 16 west

of Greenwich; thence north-westerly along the line of the watershed separating the streams flowing into the Liard River below the point of beginning, or into the Mackenzie River, from those flowing into the Liard River above the point of beginning, or into the Yukon River, to the line of watershed of the basin of Peel River; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers; thence due north to the northern limit of the Yukon Territory; the said territory to include the islands within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass.

THE NORTH-WEST TERRITORIES ACT.

CHAPTER 50, REVISED STATUTES OF CANADA.

As amended up to the date of the coming into force of the Consolidated
Ordinances of the North-West Territories,, 1898. a

New sections from amending Acts have the numbers bracketed thus (1.)

References at the end of sections or clauses indicate that the section or clause was amended to read as shown by the enactment referred to.

An Act respecting the North-West Territories.

HER

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

Interpretation

2. In this Act, unless the context otherwise requires,(a.) The expression "Territories" means the North-West "Territories." Territories, as defined in this Act;

(b.) The expression "The Lieutenant Governor" means "Lieutenant the Lieutenant Governor of the North-West Territories;

Governor."

Council"

(c.) The expression "Lieutenant Governor in Council" "Lieutenant means the Lieutenant Governor of the Territories by and Governor in with the advice and consent of the Executive Council of defined. the Territories, or in conjunction with the Executive Council of the Territories, as the case may be. 60-61 Vic., c. 28, s. 2.

(d.) The expression "Supreme Court" means the Supreme "Supreme Court of the North-West Territories;

Court."

[ocr errors]

(e.) The expression "intoxicating liquor" means and "Intoxicating includes all spirits, strong waters, spirituous liquors, wines, liquor.' fermented or compounded liquors or intoxicating fluids;

(f) The expression "intoxicant" includes opium or any "Intoxicant." preparation thereof, and any other intoxicating drug or substance, and tobacco or tea mixed, compounded or impreg

« iepriekšējāTurpināt »