SCHEDULE. The Medicine Hat General Hospital. No. 18 of 1892. No 8 of 1896. No. 38 of 1897, s. 7 (3). TITLE III. RELATING TO THE ADMINISTRATION OF JUSTICE. CHAPTER 21. An Ordinance respecting the Administration of Civil THE HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as The Judicature Ordi- Title nance." No. 6 of 1893, s. 1. INTERPRETATION OF TERMS. 2. In the construction of this Ordinance and the rules of Interpretation Court, unless there is anything in the subject or context repugnant thereto, the several expressions hereinafter mentioned or referred to shall have or include the meanings following: 1. "Cause" includes any action, suit, or other original pro- "Cause" ceeding between a plaintiff and a defendant; 2. " Action" includes suit and means a civil proceeding com- "Action' menced by writ or in such other manner as may be prescribed by this Ordinance or by rules of Court; 3. "Matter" includes every proceeding in the Court not in a "Matter" cause; 4. "Originating summons" means a summons by which pro- "Originating ceedings are commenced without writ; 66 5. "Plaintiff," " petitioner," " defendant," "party,' "person,' include bodies politic or corporate holding the relation of plaintiff, defendant or party; summons ""Parties" 6. "Receiver" includes consignee or manager appointed by "Receiver or under an order of the Court; 7. "Plaintiff" includes any person asking any relief (other- "Plaintiff" wise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons or otherwise; "Petitioner" "Defendant" "Party" "Person "Clerk " "Sheriff" "Pleading" "Judgment" "Order" "Affidavit." "Oath "Rule of court "Lunatic" "Execution creditor" 8. "Petitioner" includes every person making any application to the Court, either by petition, motion or summons, otherwise than as against any defendant; 9. "Defendant" includes every person served with any writ of summons or process, or served with notice of or entitled to attend any proceedings; 10. "Party" includes every person served with notice of or attending any proceeding, although not nained in the record 11. "Person" includes a body corporate or politic; 12. "Clerk " or " clerk of the court" includes deputy clerk and, where the context requires it, process issuer; 13. "Sheriff" includes deputy sheriff, duly appointed bailiffs, coroner and other person discharging the duties of sheriff in the particular case or for the time being; 14. "Pleading" includes any petition or summons (other than a writ of summons) and shall also include the statement in writing of the claim or demand of any plaintiff and of the deferce of any defendant thereto and of the reply of the plaintiff to any counterclaim of a defendant; 15. "Judgment" includes decree; 16. "Order" includes rule; 17. "Affidavit " or "oath" includes affirmation where authorised by law; 18. "Rule of Court' or "rules of Court" shall mean the rules contained in this Ordinance or any rules of Court passed in pursuance or under the authority thereof; 19. “Lunatic" includes an idiot or other person of unsound mind; 20. "Execution creditor" includes an assignee of the execution creditor. No. 6 of 1893, ss. 2, 424. No. 6 of 1897, s. 1 (1, 2, 3). Jurisdiction Practice and procedure Entry and in what JURISDICTION. 3. The jurisdiction of the Supreme Court of the North-West Territories shall be exercised so far as regards procedure and practice in the manner provided by this Ordinance and the rules of Court, and where no special provision is contained in this Ordinance or the said rules it shall be exercised as nearly as may be as in the Supreme Court of Judicature in England as it existed on the first day of January, 1898. No. 6 of 1893, s. 3. No. 12 of 1898, s. 3. 4. Suits shall be entered and unless otherwise ordered tried trial of suits, in the judicial district where the cause of action arose or in which the defendant or one of several defendants resides or carries on business at the time the action is brought. district (2) If in any judicial district there is a district of a deputy clerk established by Ordinance, suits in which the cause of action arose or the defendant resides in such deputy clerk's district shall be entered in the office of the deputy clerk, and suits in which the cause of action arose or the defendant resides in the remaining portion of the judicial district shall be entered in the office of the clerk of the court, and if in any suit the cause of action arose in the deputy clerk's district and the defendant resides in the other portion of the judicial district, or vice versa, the suit may be commenced in either the clerk's or deputy clerk's office. No. 6 of 1893, s. 4; No. 12 of 1898, s. 4. chambers sitting in 5. A judge sitting in chambers, if he shall announce that he Judge in is sitting in Court, shall have, possess, exercise and enjoy all Announcethe powers and authorities, rights, privileges, immunities and ment that incidents of the said Court, and any judgment given or deci- court sion or deterraination, or rule, order cr decree made by him while sitting as aforesaid in respect of any matter lawfully brought before him, shall be subject to the provisions in this Ordinance relating to appeal to the Court en banc. No. 6 of 1893, s. 5. make vesting 6. In every case in which the Court has authority to order Court may the execution of a deed of conveyance, transfer or assignment make of any property, real or personal, the Court may by order vest such real or personal estate in such person or persons and in such manner and for such estates as would be done by any such deed, conveyance, assignment or transfer if executed; and ther upon the order shall have the same effect as if the legal or other estate or interest in the property had been actually conveyed by deed or otherwise for the same estate or interest to the person in whom the same is so ordered to be vested, or in the case of a chose in action as if such chose in action had been actually assigned to such last mentioned person. No. 6 of 1893, s. 6. court 7. The Supreme Court presided over by a single judge for Sittings of the transaction of the business of the Court may sit and act at any time and place in each judicial district as any judge usually exercising the jurisdiction of the Court within such district. appoints. No. 6 of 1893, s. 7. RULES OF LAW. 8. In every civil cause or matter commenced in the Supreme Court. law and equity shall be administered by such Court according to the following rules: or relief plaintiff 1. If any plaintiff or petitioner claims to be entitled to any Equitable equitable estate or right, or to relief upon any equitable ground estate, right against any deed, instrument or contract, or against any right, claimed by title or claim whatsoever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, the Court shall give to such plaintiff or petitioner such relief as would be given by the High Court of Justice in England in a suit or proceeding for the same or a like purpose; Equitable estate, right or relief claimed by defendant Counterclaim and third parties Equitable rights appearing incidentally Final determination controversy 2. If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, the said Supreme Court and every judge thereof shall give to every equitable estate, right or ground of relief so claimed and to every equitable defence so alleged, such and the same effect by way of defence against the claim of such plaintiff or petitioner as the High Court of Justice in England would give if the same or like matters had been relied on by way of defence in any suit or proceeding instituted in that Court for the same or like purpose; 3. The said Supreme Court and every judge thereof shall also have power to grant to any defendant, in respect to any equitable estate or right or other matter of equity and also in respect of any legal estate, right or title claimed or asserted by him, all such relief against any plaintiff or petitioner as such defendant shall have properly claimed by his pleading; and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to this Ordinance, or any order of the Court as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose and every person served with any such notice shall thenceforth be deemed a party to such cause or matter with the same rights in respect of his defence against such claim as if he had been duly sued in the ordinary way by such defendant; 4. The said Court and every judge thereof shall recognize and take notice of all equitable estates, titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the High Court of Justice in England would have recognized and taken notice of the same in any suit or proceeding duly instituted therein. 5. The Supreme Court in the exercise of its jurisdiction in of matters in every cause or matter pending before it shall have power to grant, and shall grant either absolutely or on such reasonable terms and conditions as to it shall seem just all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that as far as possible all matters so in controversy between the said parties respectively may be completely and finally determined and all multiplicity of legal proceedings of proceedings to be avoided concerning any such matters avoided. No. 6 of 1893, s. 9. Multiplicity Lunatics of court 9. In the case of lunatics and their property and estates, the Jurisdiction jurisdiction of the Court shall, subject to the rules of Court. include that which in England is conferred upon the Lord High Chancellor by a Commission from the Crown under the Sign Manual. No. 6 of 1893, s. 425. |