(Here state briefly the grounds of defence in such manner that the particular nature of the defence may readily be ascertained.) My post office address is: C.D., N.B. This note must be sent by mail or otherwise to the clerk of the Supreme Court at (address to be filled in by clerk) C.O., c. 21, form L. within days from service. SMALL DEBT TARIFF. (Rules 618 and 619.) CLERK'S FEES. The following fees and no others shall be paid to clerks of the court for the several services under the Small Debt procedure herein provided for: cts. Receiving claim, entering in procedure book and issuing summons 75 Garnishee summons or writ of attachment, including examining affidavits Every original subpoena Every copy of summons, garnishee or subpœna Entering dispute note, or appearance by garnishee On payment of money into court without dispute note Hearing fee in contested cases. Every chamber summons or judge's order including entering Every commission to examine witnesses or exemplification of judgment Every appointment 50 50 10 Every search Entering every judgment by default including search for dispute and taxation of costs and necessary filings 50 Entering every judgment after trial or order for judg ment 50 ..... Filing every exhibit at trial (no other filings to be allowed) 10 Every reference to the clerk, per hour actually engaged SHERIFF'S FEES. The following fees and no others shall be allowed to sheriffs, deputy sheriffs and bailiffs for services under the Small Debt procedure: Service of summons or other process including affidavit of service, oath and return Every seizure Schedule of goods seized, including copy for person whose goods seized When over 500 words, per 100 over 500 ..... Every bond including affidavits Notice of sale Each copy not exceeding five including posting up All necessary disbursements for removal and care of For poundage on executions, five per cent., but not upon. any sum greater than called for by the writ under which the officer acts. [Receiving, entering and returning every writ of execu tion $ 50 50 75 10 10 1.00 30 10 25 25] Where railway can conveniently be used witnesses shall only be allowed such sum as would be sufficient to pay railway fare in coming to and returning from place of trial in no case to exceed mileage at above rate. INTERPRETERS. In cases under Small Debt Procedure Per day employed C.O., c. 21, small debt tariff; 1901, c. 10, s. 14. $200 Clerks of court to appoint deputies Clerk of Court Districts of deputies Edmonton Medicine Hat Battleford Moose Jaw Yorkton CHAPTER 22. An Ordinance respecting Clerks and Deputy Clerks. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: DEPUTY CLERKS. 1. The clerks of the Supreme Court of the North-West Territories for the Judicial District of Northern Alberta, Southern Alberta, Saskatchewan, Western Assiniboia and Eastern Assiniboia shall respectively appoint a deputy at Edmonton, Medicine Hat, Battleford, Moose Jaw and Yorkton and such deputy clerk shall have and perform the powers, duties and obligations hereinafter mentioned. [(2) In the event of any deputy clerk's district being hereafter established the clerk of the Supreme Court of the judicial district within which such deputy clerk's district is established shall appoint a deputy whose office shall be at such place as the Lieutenant Governor in Council shall designate; and such deputy clerk when so appointed shall have and perform the powers, duties and obligations hereinafter mentioned.] C.O., c. 22, s. 1; 1900, c. 6, s. 1. DEPUTY CLERKS' DISTRICTS. 2. For the purposes hereinafter mentioned the respective districts of the said deputy clerks shall be as follows: The district of the deputy clerk at Edmonton shall consist of all the district of Alberta lying north of township 42; The district of the deputy clerk at Medicine Hat shall consist of all that portion of the provisional district of Assinibois lying west of the line between ranges 23 and 24 west of the 3rd meridan; The district of the deputy clerk at Battleford shall consist of that portion of the provisional district of Saskatchewan lying west of the line between ranges 11 and 12 west of the 3rd meridian; The district of the deputy clerk at Moose Jaw shall consist of all that portion of the judicial district of Western Assiniboia lying west of the line between ranges 23 and 24 west of the 2nd meridian and east of the west line of the twenty-third range of townships west of the 3rd meridian; The district of the deputy clerk at Yorkton shall consist of all that portion of the judicial district of Eastern Assiniboia lying north of a line which may be described as follows: Commencing at the point where the line between townships twenty and twenty-one in the Dominion lands system of survey intersects the western boundary of the province of Manitoba; thence westerly following the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second initial meridian; thence northerly along the line between the said ranges seven and eight to its intersection with the line between townships twenty-two and twenty-three; thence westerly along the line between the said townships twenty-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second initial meridian in the Dominion lands system of survey. Governor may districts [(2) The Lieutenant Governor in Council shall have power Lieutenant to alter the boundaries of any deputy clerk's district now or make new hereafter established by adding thereto or taking therefrom. and to establish new districts.] C.O., c. 22, s. 2; 1900, c. 6, $.2. DEPUTY CLERKS' POWERS AND DUTIES. may be Powers and Seal and books 3. All actions and other proceedings commenced in the Where action office of any one of the said deputy clerks shall be carried on commenced in the same office and in respect thereof such deputy clerk duties of shall in all respects have and perform all the powers, duties deputy and obligations of the clerk of the court for his judicial district; and such deputy clerks respectively shall have and use a duplicate of the seal of the court used by the clerks of their respective judicial districts and keep such books as are kept by the clerks. (2) And in respect of the following matters: (a) Applications for letters probate or letters of adminis- Probate tration where the deceased died within a deputy clerk's district or where the whole of the estate in respect whereof letters probate or letters of administration are applied for lies within a deputy clerk's district; of persons (b) Applications for the appointment of a guardian of Guardianship the estate of an infant or a lunatic where the infant or the lunatic resides within the deputy clerk's district; (c) Applications for the appointment of a guardian of Guardianship the estate of an infant or a lunatic where the infant of estates or the lunatic resides within the deputy clerk's dis- commencing (d) Proceedings commenced by originating summons and Proceedings proceedings originating by petition, notice of motion, without writ or judge's summons where the advocate for the applicant resides in a deputy clerk's district; Examination for discovery Appeals from convictions Pending business such deputy clerk shall and in applications of the character of those marked (a) and (c) where a part only of the property to be affected lies within a deputy clerk's district such deputy clerk may have and perform all the powers, duties and obligations of the clerk of his judicial district. C.O., c. 22, s. 3. 4. In any action, suit or other proceeding wherever commenced in case it is desired to examine a person for discovery and such person resides within the district of one of the said deputy clerks such deputy clerk shall for the purposes of such examination have and perform all the powers, duties and obligations of the clerk of his judical district. C.O., c. 22, S. 4. 5. In respect of appeals from convictions or orders made by a justice of the peace under the authority of any Ordinance relating to matters within the legislative authority of the Legislative Assembly of the Territories or under the authority of a municipal by-law where the conviction or order is made within the district of any one of the said deputy clerks the office of such deputy clerk shall be the office of the Court in which all proceedings relating to such appeal shall be carried on and in respect thereof such deputy clerk shall have and perform all the powers, duties and obligations of the clerk of his judicial district. C.O., c. 22, s. 5. 6. The provisions of this Ordinance shall not apply to any business pending at the time of the passing hereof and such business shall be completed in the office of the clerk or deputy clerk in which the same is pending. C.O., c. 22, s. 6. PROCESS ISSUERS. Process issuers Authority to appoint process issuers 7. In any section of the Territories where the convenience of the public may be the better served the clerk with the approval of the judge may also appoint a process issuer who being supplied with blank forms original and mesne processes signed by the clerk may issue the same under his direction from time to time, such process issuer countersigning each one so issued and making returns of all processes so issued to the clerk as required by the clerk or as directed by the judge and in such cases the clerk and his sureties shall be responsible for all the acts and omissions of such issuer. [(2) In this section the expression "clerk" shall, as to the districts described in section 2 hereof, mean the deputy clerk for such districts respectively.] C.O., c. 22, s. 7; 1899, c. 6, s. 1. |