Return of examinations taken in Canada.

as if an order had been made and the proceedings had thereunder. R.S., c. 135, s. 101.

102. All examinations taken in Canada, in pursuance of any of the provisions of this Act, shall be returned to the Court; and the depositions, certified under the hands of the person or one of the persons taking the same, may, without further proof, Use thereof. be used in evidence, saving all just exceptions. R.S., c. 135,

And of those

taken out

of Canada.

s. 102.

103. All examinations taken out of Canada, in pursuance of any of the provisions of this Act, shall be proved by affidavit of the due taking of such examinations, sworn before some commissioner or other person authorized under this or any other Act to take such affidavit, at the place where such examination has been taken, and shall be returned to the Court; and the Use thereof. depositions so returned, together with such affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions. R.S., c. 135, s. 103.

Reading of examination.

104. When any examination has been returned, any party may give notice of such return, and no objection to the examination being read shall have effect, unless taken within the time and in the manner prescribed by general order. R.S., c. 135, s. 104.

Process of the Court.

Officers of the Court.

Coroners.

Further powers of

ers.

GENERAL.

105. The process of the Court shall run throughout Canada, and shall be tested in the name of the Chief Justice, or in case of a vacancy in the office of chief justice, in the name of the senior puisne judge of the Court, and shall be directed to the sheriff of any county or other judicial division into which any province is divided.

2. The sheriffs of the said respective counties or divisions shall be deemed and taken to be ex officio officers of the Supreme Court, and shall perform the duties and functions of sheriffs in connection with the Court.

3. In any case where the sheriff is disqualified, such process shall be directed to any of the coroners of the county or district. R.S., c. 135, s. 105; 50-51 V., c. 16, s. 57.

106. Every commissioner for administering oaths in the commission Supreme Court, who resides within Canada, may take and receive acknowledgments or recognizances of bail, and all other recognizances in the Supreme Court. R.S., c. 135, s. 106; 50-51 V., c. 16, s. 57.

Enforcement of orders

107. An order in the Supreme Court for payment of money, whether for costs or otherwise, may be enforced by such

2326

writs

writs of execution as the Court prescribes. 50-51 V., c. 16, for payment

s. 57.

of money.

ment for

108. No attachment as for contempt shall issue in the No attachSupreme Court for the non-payment of money only. 50-51 V., non-payment c. 16, s. 57.

-

only.

make rules and orders

lating

109. The judges of the Supreme Court, or any five of them, Judges may may, from time to time, make general rules and orders, (a) for regulating the procedure of and in the Supreme for reguCourt, and the bringing of cases before it from courts procedure. appealed from or otherwise, and for the effectual execution and working of this Act, and the attainment of the intention and objects thereof;

(b) for empowering the Registrar to do any such thing and Conferring jurisdiction transact any such business as is specified in such rules or upon the orders, and to exercise any authority and jurisdiction in Registrar. respect of the same as is now or may be hereafter done, transacted or exercised by a judge of the Court sitting in chambers in virtue of any statute or custom or by the practice of the Court;

fees and

against

(c) for fixing the fees and costs to be taxed and allowed to, For fixing and received and taken by, and the rights and duties of costs. the officers of the Court; (d) for awarding and regulating costs in such Court in For and favour of and against the Crown, as well as the subject; Crown. (e) with respect to matters coming within the jurisdiction In references of the Court, in regard to references to the Court by the by the Governor in Council, and in particular with respect to in Council. investigations of questions of fact involved in any such

reference.

Governor

such rules

2. Such rules and orders may extend to any matter of pro- Extent of cedure or otherwise not provided for by this Act, but for which and orders. it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof.

such rules

3. All such rules which are not inconsistent with the express Force of provisions of this Act shall have force and effect as if herein and orders. enacted.

thereof for

4. Copies of all such rules and orders shall be laid before Copies both Houses of Parliament at the session next after the making Parliament. thereof. 50-51 V., c. 16, s. 57; 54-55 V., c. 25, s. 4.

to the Crown

shall be paid.

110. Any moneys or costs awarded to the Crown shall be How costs paid to the Minister of Finance, and he shall pay out of any unappropriated moneys forming part of the Consolidated. Revenue Fund of Canada, any moneys or costs awarded to any person against the Crown. 50-51 V., c. 16, s. 57.

111. All fees payable to the Registrar under the provisions Fees payable of this Act shall be paid by means of stamps, which shall be by stamps.

2327

issued

Proceeds, to whom paid.

issued for that purpose by the Minister of Inland Revenue, who shall regulate the sale thereof.

2. The proceeds of the sale of such stamps shall be paid into the Consolidated Revenue Fund of Canada. R.S., c. 135,

s. 111.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

2328

CHAPTER 140.

An Act respecting the Exchequer Court of Canada.

SHORT TITLE.

1. This Act may be cited as the Exchequer Court Act.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

Short title.

Definitions.

(a) the Exchequer Court' or the Court' means the Exchequer Exchequer Court of Canada;

Court.'

(3) the Supreme Court' means the Supreme Court of Supreme Canada;

Court.'

(c) the Crown' means the Crown in the right or interest 'The Crown.' of the Dominion of Canada;

(d) 'public lands' extends to and includes Dominion lands, Public Ordnance or Admiralty lands, Indian lands and all other lands.' lands which are the property of Canada or which the Government of Canada has power to dispose of;

'Patent.'

(e) letters patent' or 'patent,' when used with respect to 'Letters public lands, includes any instrument by which such lands patent.' or any interest therein may be granted or conveyed; (f) original claimant' means the person from whom title Original must be traced in order to establish a right or claim to claimant.' letters patent for the lands in question;

(g) witness' means a person, whether a party or not, to 'Witness.' be examined under this Act. R.S., c. 135, s. 96; 50-51 V., c. 16, s. 1; 54-55 V., c. 26, ss. 2 and 5.

CONSTITUTION OF COURT.

Court

3. The Court now existing under the name of the Exche- Exchequer quer Court of Canada is hereby continued under such name, continued. and shall continue to be a court of record. 50-51 V., c. 16,

s. 2.

4. The Exchequer Court shall consist of one judge, who Constitution shall be appointed by the Governor in Council by letters patent of court. under the Great Seal. 50-51 V., c. 16, s. 3.

5. Any person may be appointed a judge of the Court who Who may be is or has been a judge of a superior or county court of any of appointed

2329

the

judge.

To hold no other office.

Residence.

Substitute

in case of

the provinces of Canada, or a barrister or advocate of at least ten years' standing at the bar of any of the said provinces. 50-51 V., c. 16, s. 3.

6. The Judge of the Court shall not hold any other office of emolument, either under the Government of Canada or under the Government of any province of Canada. 50-51 V., c. 16, s. 3.

7. The Judge of the Court shall reside at Ottawa or within five miles thereof. 50-51 V., c. 16, s. 3.

8. In case of sickness or absence from Canada of the Judge sickness, etc. of the Court, the Governor in Council may specially appoint some other person having the qualifications hereinbefore mentioned, who shall be sworn to the faithful performance of the duties of the office, and shall have all the powers incident thereto during the sickness or absence from Canada of the Judge of the Court. 50-51 V., c. 16, s. 3.

If judge is interested.

Appointment of judge pro

hac vice.

Term of office.

9. The Judge of the Court shall not adjudicate upon any case in which he is interested, and the Governor in Council may, upon the application of the Judge of the Court, appoint some other person having the qualifications herein before mentioned to act as judge pro hac vice in relation to any case at any time pending in the Exchequer Court.

2. Such person shall be sworn to the faithful performance of his duties, and shall, in relation to such case, have all the powers of the Judge of the Exchequer Court. 54-55 V., c. 26,

s. 3.

10. The Judge of the Court shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons. 50-51 V., c. 16,

S. 4.

OATH OF OFFICE.

Oath of office.

By whom administered.

11. The Judge of the Exchequer Court shall, previously to entering upon the duties of his office as such judge, take an oath in the form following:

'I, do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Judge of the Exchequer Court of Canada. So help me God.' 50-51 V., c. 16, s. 7.

12. Such oath shall be administered before the Governor General or the person administering the Government of Canada, or such person or persons as he appoints. 50-51 V.. c. 16. s. 8.