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NO. 21 OF 1896.
AN ORDINANCE TO FURTHER AMEND. THE
JUDICATURE ORDINANCE AND THE
[Assented to October 30, 1896.]
The Lieutenant-Governor, by and with the advice and consent of the Legislative Asseinbly of the Territories, enacts as follows:
The Judicature Ordinance is further amended and extended as follows:
Sub-section 5 of section 32 amended.
1. Sub-section 5 of section 32 is amended by adding founded on a tort committed within the jurisdiction; or
2. Section 369 is amended by adding “and a copy of such summons shall be served upon the defendant. within one month after the same has been issued.”
Section 369 amended.
Section 492 amended.
Witness fees, tariff amended
3. Section 492 is aniended by striking out the word “a between the words “judge ” and “summons” and inserting instead the words " an originating”.
4. The witness, juror's and interpreter's fees tariff is amended by adding after the word “trial” the words
“ or other proceeding." Inquiry or 5. The court or a judge may, at any stage of the he ordered by proceedings in a cause or matter, direct any necessary judge.
inquiries or accounts to be made or taken, and may direct the same to be taken by the clerk or other competent person, notwithstanding that it may appear that there is some special or further relief sought for, or some special issue to be tried, as to which it may be
proper that the cause or matter should proceed in the ordinary manner.
6. If in any cause or matter relating to any real estate, it shall appear necessary or expedient that the
Sale of land may be ordered.
real estate or any part thereof should be sold, the court or a judge may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as niay be thereby directed.
Additiona powers to
17. In all cases where a sale, mortgage, partition, or exchange is ordered, the court or a judge shall have judge in cases power, in addition to the powers already existing, of sale, etc., by with a view to avoiding expense or delay, or for other good reason, to authorise the same to be carried out :
(1) By laying proposals before the judge in cham- Proposals in bers for his sanction; or
out of court.
(2) By proceedings altogether out of court, any Proceedings moneys produced thereby being paid into court or to trustees, or otherwise dealt with as the judge in chambers may order: Provided always, that Proviso. the judge shall not authorise the said proceedings altogether out of court, unless and until he is satisfied, by such evidence as he shall deem sufficient, that all persons interested in the estate to be sold, mortgaged, partitioned or exchanged are before the court, or are bound by the order for sale, mortgage, partition, or exchange, and every order anthorising the said proceedings altogether out of court shall be prefaced by a declaration that the judge is so satisfied, as aforesaid, and a statement of the evidence upon which such declaration is made.
8. Where a judgment or order is given or made, Property to be whether in court or chambers, directing any property purchaser. to be sold, unless otherwise ordered, the same shall be sold, with the approbation of the judge, to the best purchaser that can be got, the same to be allowed by the judge, and all proper parties shall join in the sale and conveyance as the judge shall direct.
9. Any mortgagee or mortgagor, whether legal or Mörtgagor equitable, or any person entitled to or having property may take out
originating summons for
subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may obtain an origina. ting summons, returnable in chambers, for such relief of the nature or kind following as may by the sum
mons be specified, and as the circumstances of the case Sale,
may require, that is to say: Sale, foreclosure, delivery delivery, etc. of possession by the mortgagor, redemption, reconvey
ance, delivery of possession by the mortgagee. Proper persons to be served.
10. The persons to be served with the said summons shall be such persons as under the existing practice would be the proper defendants to an action for the like relief as that specified by the summons.
Judge may. 11. The judge may direct such other persons to be direct service.
served with the summons as he may think fit. Application to 12. The application shall be supported by such be supported by evidence evidence as the judge may require, and directions may andirietenay be given as he may think just for the trial of any
questions arising thereout. Form of originaling
13. An originating summons shall be in the follow-
Judicial District of
that (here set out the object
Judge may give judgment on summons.
14. It shall be lawful for the judge upon such summons to pronounce such judgment as the nature of the case may require.
15. The judge may give any special directions touching the carriage or execution of the judgment, or
Special directions by judge.
tration etc., further powers
the service thereof upon persons not parties, as lie may think just.
16. It shall not be obligatory on the court or judge Judgment or to pronounce or make a judgment or order, whether administraon summons or otherwise, for the administration of obligatory. any trust or of the estate of
if the questions between the parties can be properly determineil without such judgment or order.
17. Upon an application for administration or Jaapplications execution of trusts by a creditor or beneficiary under will, intestacy, or deed of trust, where no accounts or to judge to insufficient accounts have been rendered, the court or a judge may, in addition to the powers already existing :
(1) Order that the application shall stand over for a Order applicacertain time, and that the executors, administrators, or over for trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings ;
(2) When necessary, to prevent proceedings by other Make judgcreditors, or by persons beneficially interested, make proviso that the usual judgment or order for administration, with a taken without proviso that no proceedings are to be taken under leave of judge. such judgment or order without leave of the judge in person.
18. Any of the following applications may be application made by originating summons:
by originating (1) An application for the appointment of a new for appointtrustee with or without a vesting or other consequen- trustee, tial order;
for vesting (2) An application for vesting order or other order
orders on consequential on the appointment of a new trustee appointment
of new trustee. whether the appointment is made by the court or a judge, or out of court.
Moneys paid 19. All moneys ordered to be paid into court shall, so soon as received by a clerk or other proper official, be de- how to be
deposited and posited in one of the chartered banks of Canada to be
named by the judge, the same to be placed to a special
the benefit of such rate of interest as the bank in which the deposit is made may agree to be paid, to be from time to time added to the principal; and no moneys ordered to be paid out of court shall be withdrawn from the bank in which the same is deposited unless the cheque for withdrawal of the same is countersigned or initialed by the judge.
Ordinanc No. 20. Ordinance No. 5 of 1894, intituled An Ordin5 of 1894 amended. ar ce to amend the Judicature Ordinance, is amended
as follows: Section 27 Section 27 is amended by striking out the amended.
words “ or breach of contract."
Ordinance No. 21. Ordinance No. 7 of 1895, intituled An Ordin7 of 129.5 amended. ance to further amend The Judicature Ordinance, is
hereby amended as follows:
Sectinn 13 mended.
(1) Section 13 is amended by adding the following
Party inay be proviso:
representer on trial by advocate or agent.
"Provided further that either party ray be represented on the trial in person by advocate or agent."
Section 14 amended. Time for administra. tion may be extended by judge.
(2) Section 14 is amended by inserting after the word administration where it occurs the second time the words “or such further time as on application a judge may allow”.