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50 10 75

25

Entering every judgment after trial or order for judgment
Filing every exhibit at trial (no other filings to be allowed)
Every reference to the clerk, per hour actually engaged..
Every certificate ....
Every writ of execution
Every renewal thereof...
Copies of documents, per folio .
Necessary postages.

50 25 10

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.

50 Every seizure....

50 Schedule of goods seized, including copy for person whose goods seized

75 When over 500 words, per 100 over 500.

10 Every mile necessarily travelled one way to serve sum

mons or process, or in going to effect seizure under
an attachment or under execution where money
made or settlement effected after levy, provided
that there shall be only one allowance of mileage
fees in and about a seizure and the sale consequent
thereon ...

10 Every bond including affidavits

1 00 Notice of sale..

30 Each copy not exceeding tive including posting up.

10 Notice of postponement including copies. All necessary disbursements for removal and care of

property seized ....
For poundage on executions, five per cent., but not upon

any sum greater than called for by the writ under
which the officer acts.

25

WITNESS FEES.

In cases under Small Debt procedure-
Attendance, per day

$ 1 00 Mileage, each way ..

10 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 .

S2 00

CHAPTER 22.

An Ordinance Respecting Clerks and Deputy Clerks.

THE

HE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

DEPUTY CLERKS.

Clerks of court to appoint deputies

1. The clerks of the Supreme Court of the North-West Territories for the Judicial Districts 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. No. 10 of 1895, s. 1.

DEPUTY CLERKS' DISTRICTS.

Districts of deputies

Edmonton

Medicine Hat

Battleford

Moose Jaw

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 Assiniboia lying west of the line between ranges 23 and 24 west of the 3rd meridian ;

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 juilicial district of Western Assiniboia lying west of the line between ranges 23 and 24 west of the 2nd merican 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 lanıls 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

Yorkton

the line between ranges ten and eleven west of the second initial meridian in the Dominion lands system of survey. No. 10 of 1895, s. 2.

DEPUTY CLERKS' POWERS AND DUTIES,

of persons

3. All actions and other proceedings commenced in the office where action of any one of the said deputy clerks shall be carried on in the may be

commenced same office and in respect thereof such deputy clerk shall in all Powers and respects have and perform all the powers, duties and obliga-deties of tions of the clerk of the court for his judicial district; and such Scal and books 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;
(b) Applications for the appointment of a guardian of the Guardianship

estate of an infant or a lunatic where the infant or

the lunatic residies within the deputy clerk's district ;
(c) Applications for the appointment of a guardian of the Guardianship

estate of an infant or a lunatic where the infant or
the lunatic resides within the deputy clerk's district ;
or where the whole of the estate to be affected lies

within a deputy clerk's district ; (d) Proceedings commenced by originating summons and Proceedings

commencing proceedings originating by petition, notice of motion, without ang or judge's summons where the advocate for the appli

cant resides in a deputy clerk's district ; 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 clerks' district such deputy clerk may have and perform all the powers, duties and obligations of the clerk of his judicial district. No. 10 of 1895, ss. 3. 4; No. 13 of 1896, s. 1; No. 12 of 1898, s. 4.

of estates

4. In any action, suit or other proceeding wherever com- Examination menced in case it is desired to examine a person for discovery 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 perforin all the powers, duties and obligations of the clerk of his judicial district. No. 10 of 1895, s. 5.

5. In respect of appeals from convictions or orders made by Appeals from a justice of the peace un«ler the authority of any Ordinance convictions 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. No. 10 of 1895, s. 6.

Pending business

6. The provisions of this Ordinance shall not apply to any business penting 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. No. 10 of 1895, s. 9.

PROCESS ISSUERS.

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. No. 6 of 1893, s. 547.

SECURITIES AND OATHS OF OFFICE OF CLERKS.

Clerk to file copy of security of othice

8. Every clerk before entering upon the duties of his office and if after entering upon his duties a new security is substituted for any previously given shall file in the office of the Territorial secretary a copy, certified as such by the Secretary of State for Canada, of the security required by and given under The North-West Territories Act or of such substituted security. No. 6 of 1893, s. 11; No. 38 of 1897, s. 8 (1).

Security may

9. Such security shall be available to an:) may be sued upon be sued upon by any person suffering damages by the default, breach of duty

or misconduct of such clerk. No. 6 of 1893, s. 13.

Certified copy evidence

10. A copy of such security purporting to be such, certified by the Territorial secretary, shall be received in all courts as prima facie evidence of the due execution and contents thereof without further proof. No. 6 of 1893, s. 14; No. 38 of 1897, s. 8 (3)

Deputy clerk to give security

11. Every deputy clerk before entering upon the duties of his office shall give security to the Lieutenant Governor to the satisfaction of the Lieutenant Governor in Council in the sum of one thousand dollars for the due performance of the duties and obligations of his said office and for the due payment over to the persons entitled thereto of all moneys received by him by virtue of his said office and any person sustaining damage by reason of non performance or improper or undue performance of any such duties or obligations or by reason of the nonpayment over of any such moneys shall have and possess a

Right of action on security

right of action against such deputy clerk and his sureties upon such security for the amount of such damages. No. 10 of 1895, s. 11; No. 38 of 1897, s. 12 (1).

12. The clerks respectively for the said judicial districts of Clerks not Northern Alberta, Southern Alberta, Saskatchewan, Western for deputies Assiniboia and Eastern Assiniboia shall not after the giving of such security by their said respective deputies he answerable or accountable for the acts or non performance or improper performance of the duties and obligations of their respective deputies. No. 10 of 1895, s. 12; No. 38 of 1897, s. 9 (1).

oath of office

13. Every clerk and every deputy clerk appointed under Clerk an the provisions of any Ordinance of the Territories in that deputy to take behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance.

(2) All such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. No. 38 of 1897, s. 8 (4); No. 12 of 1898, s. 43.

VACANCY.

books, etc.,

14. Whenever a vacancy occurs in the office of clerk and Disposition of until the same be filled by the proper authority the books, when vacancy records, moneys and other matters and things the property of occurs the Government of the Territories shall be handed over by the person in whose possession or control they may be to such person as the judge usually exercising jurisdiction in the judicial district shall appoint to receive the same and such appointee during such vacancy is authorised to perform the duties of the clerk of the court.

recovery of

(2) Without prejudice to any other powers of the court or forcible judge by way of attachment, committal or otherwise, the judge Office books, may on summary application make an order directing the cte. sheriff or other person named by him to take and seize such books, records, moneys and other things wheresoever found and for such purpose may authorise such sheriff or other person to break and open any doors and windows, buildings or inclosures and such order shall be full justification to such sheriff or other person for any action taken in pursuance thereof. No. 6 of 1893, s. 16 ; No. 38 of 1897, s. 8 (5).

PROHIBITION FROM PRACTICE AS ADVOCATE,

15. No clerk or deputy clerk while holding office shall prac- ('lerk or tise as an advocate of the Territories or be a member of any to act as

deputy not firm of advocates practising in the Territories. No. 10 of 1895, advocate s. 13; No. 38 of 1897, s. 8 (6).

BOOKS AND FORMS.

16. All necessary books and forms required for use in the Books and

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