HIS CHAP. 75. An Act to amend the Winding-up Act. [Assented to 16th June, 1908.] IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section 84 of The Winding-up Act is repealed and the R. S., c. 144, following is substituted therefor: new s. 84. No lien by etc., after winding up. "84. No lien or privilege shall be created"(a) upon the real or personal property of the company, for exécution, the amount of any judgment debt, or of the interest there- commenceon, by the issue or delivery to the sheriff of any writ of men of execution, or by levying upon or seizing under such writ the effects or estate of the company; "(b) upon the real or personal property of the company, or upon any debts due or accruing or becoming due to the company, by the filing or registering of any memorial or minute of judgment, or by the issue or taking out of any attachment or garnishce order or other process or proceeding; if, before the payment over to the plaintiff of the moneys actually levied, paid or received under such writ, memorial, minute, attachment, garnishee order or other process or proceeding, the winding up of the business of the company has commenced: Provided that this section shall not affect any lien or privilege Lion for costs for costs which the plaintiff possesses under the law of the pro- excepted. vince in which such writ, attachment, garnishee order or other process or proceeding was issued or taken out." OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's mos: Excellent Majesty. H CHAP. 76. An Act to amend the Yukon Act. [Assented to 20th July, 1908.] IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Paragraph (c) of section 2 of The Yukon Act is repealed R.S., c. 63, s. and the following is substituted therefor: "(c) 'Council' means the Council of the Yukon Territory." 2 amended. "Council" 2. The said section 2 is further amended by adding thereto S. 2 further the following paragraph: amended. "(g) 'Commissioner in Council' means the Commissioner by "Comand with the advice and consent of the Council." missioner 3. Section 6 of the said Act is repealed and the following is New s. 6. substituted therefor: of Adminis "6. The Governor in Council may from time to time appoint Appointment an Administrator to execute the office and functions of the trator. Commissioner during his absence or illness or other inability." Com ministrator. 4. The Commissioner and every Administrator appointed Oaths of under the said Act as so amended shall, before assuming the missioner duties of his office, take and subscribe before the Governor and AdGeneral, or before some person duly authorized to administer such oaths, an oath of allegiance and an oath of office similar to those required to be taken by a lieutenant governor under The British North America Act, 1867. 5. The salary of the Commissioner and of the Administrator Salaries. shall be fixed by the Governor in Council and shall be payable out of the Consolidated Revenue Fund of Canada. 1 New s. 7. Elective council. Qualification New s. 9. Qualification of electors. Sec. 10 repealed. Application of certain territorial laws. Writs for Duration of Council. Yearly session. Sittings from Com- Quorum. 6. Section 7 of The Yukon Act is repealed and the following is substituted therefor: "7. There shall be a Council of the Yukon Territory, which shall be composed of ten members elected to represent the electoral districts to be named and described by the Commissioner in Council. "2. Any person shall be eligible for election as a member of the Council who is qualified to vote at an election of such a member." 7. Section 9 of the said Act is repealed and the following is substituted therefor: "9. The Commissioner in Council may prescribe the qualifications of those entitled to vote at an election of members to the Council; provided that only those persons shall be entitled to so vote who are natural born or naturalized male British subjects of the full age of twenty-one years, and who have resided in the territory for a period of twelve months prior to the date of the election." 8. Section 10 of the said Act is repealed. 9. Until the Commissioner in Council otherwise provides, the laws in force in the territory immediately before the coming into force of this Act relating to the Council and to the election of representative members of the Council, shall, subject to the provisions of this Act, apply to the Council as constituted under this Act and to the election of members of the Council. 10. The writs for the election of the first Council under this Act shall be issued by the Commissioner and be returned within four months after this Act comes into force. 11. Every Council shall continue for three years from the date of the return of the writs for the general election, and no longer; but the Commissioner may, at any time, dissolve the Council and cause a new one to be elected. 12. There shall be a session of the Council convened by the Commissioner at least once in every year after the first session thereof, so that twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session. 13. The Council shall sit separately from the Commissioner and shall present bills passed by it to the Commissioner for his assent, and he may approve or disapprove of any of such bills or reserve them for the assent of the Governor in Council. 14. A majority of the Council, including the Speaker, shall form a quorum. 15. All public moneys and revenue over which the Com- Yukon missioner in Council has the power of appropriation shall form a Fund. fund to be known as the Yukon Consolidated Revenue Fund. Consolidated 16. Bills for appropriating any part of the public revenue of Money bills. the territory, or for imposing any tax or impost, shall originate in the Council. Commis 17. It shall not be lawful for the Council to adopt or pass Recommenany vote, resolution, address, or bill for the appropriation of dation of any part of the public revenue of the territory, or of any tax or sioner. impost, to any purpose that has not been first recommended to Council by message of the Commissioner, in the session in which such vote, resolution, address, or bill is proposed. 18. The Commissioner in Council may provide for the pay- Sessional ment to each member in attendance in each session of the councillors. indemnity of Council a sum not to exceed six hundred dollars, together with his actual travelling expenses, which allowance shall be payable out of the Yukon Consolidated Revenue Fund. ation of 19. When any sum of money is granted to His Majesty by AppropriParliament to defray expenses for any specified public service moneys in the Yukon Territory, the power of appropriation by the granted by Commissioner in Council over that sum shall be subject to the specified purpose for which it is granted. Parliament. Auditor 20. The receipt and expenditure of territorial funds and of Audit by such portion of any moneys appropriated by Parliament for General, the territory as the Commissioner is authorized to expend by and with the advice and consent of the Council or any committee thereof, and the accounts with respect to such receipt and expenditure, shall be subject to examination and audit by the Auditor General in the same manner and to the same extent as are the receipt and expenditure of public moneys of Canada and the accounts with respect thereto under The Consolidated Revenue and Audit Act. audit. 2. The Auditor General shall within the first three months of Annual each fiscal year depute an officer of his office to proceed to the territory for the purpose of examining and auditing such receipt, expenditure and accounts, and reporting thereon to him. 3. The public accounts of the territory shall include the Fiscal year. period from the first day of April in one year to the thirty-first day of March in the next year, both inclusive, which period shall constitute the fiscal year. , of Public Ad 21. The Governor in Council may appoint a fit and proper Appointment person, being a barrister or advocate of at least five years' minist ator. standing at the bar of any of the provinces of Canada, to be |