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clerk's or deputy clerk's offices shall be provided by and be the property of the North-West Government. No. 6 of 1893, s. 557 ; No. 38 of 1897, s. 8 (7).

S.

FEES TO CLERKS AND DEPUTIES. ANNUAL RETURNS TO TERRI

TORIAL TREASURER.

“Fees"

Interpretation 17. For the purposes of the following sections * Clerk"

1. The word “clerk” shall mean and include the clerk of the Supreme Court of the North-West Territories for each of the judicial districts and their respective deputies appointed under the provisions of this Ordinance ;

2. The word "fees” shall mean and include all fees and allowances payable to clerks under the provisions of The Judicature Ordinance or rules of court and all fees payable to such clerks as registration clerks under the provisions of The Bills of Sale Ordinance; An Orolinance respecting Hire Receipts and Conditional Sales of Goods and An Ordinance respecting Partnerships and any amendments to the said Ordinances or any other Ordinance of the Territories. No. 8 of 1894, s. 1 ; No. 38 of 1897, s. 10 (1).

Fees to be paid 18. All fees upon interlocutory motions, summonses and clerk

orders made or granted in chambers shall be paid to the clerk of the judicial district or division of the judicial district in which the proceedings are taken. No. 8 of 1894, s. 1.

(hamber book

19. Every clerk shall keep a chamber book in which such proceedings shall be entered. No. 8 of 1894, s. 1.

Fees received 20. Every clerk shall keep a separate book in which he to be recorded shall enter from day to day all fees and emoluments received

by him under and by virtue of the said Ordinances and amendments showing therein separately the fees received by him for each service performed under any of the said Ordinances and amendments and such further facts and information as the Lieutenant Governor may from time to time require. No. 8 of 1894, s. 2; No. 38 of 1897, s. 10 (2).

Annual

fees received

21. Every clerk shall on or before the fifteenth day of statement of January in each year make up a statement in duplicate from

such book and return the same to the Territorial Treasurer verified under oath; such statement shall set forth the total amount of fees which have been received by such clerk during the twelve months ended on the thirty-first day of December next precediny. No. 8 of 1894, s. 3; No. 38 of 1897, s. 10 ().

Fee book open 22. Each clerk shall produce such book at any time during to inspection

his lawful otfice hours for inspection by any person appointed by the Lieutenant Governor for that purpose. No. S of 1894,

S. 4: No. 38 of 1897, s. 10 (5). Fees

23. Every clerk shall be entitled to retain to his own use in retainable by clerk each year all the fees received by him in that year up to $1,500. (2) Of the further fees and emoluments received by each clerk in each year in excess of $1,500 and not exceeding $2,000 he shall be entitled to retain to his own use seventy per cent. and no more.

(3) Of the further fees and emoluments received by each clerk in each year in excess of $2,000 not exceeding $2,500 he shall be entitled to retain to his own use sixty per cent. and

no more.

(4) Of the further fees and emoluments received by each clerk in each year in excess of $2,500 and not exceeding $3,000 he shall be entitled to retain to his own use fifty per cent. and no more.

(5) Of the further fees and emoluments received by each clerk in each year in excess of $3,000 and not exceeding $3,500 he shall be entitled to retain to his own use forty per cent. and

no more.

(6) Of the further fees and emoluments received by each clerk in each year in excess of $3,500 he shall be entitled to retain to his own use thirty per cent. and no more. No. 8 of 1834, ss. 5, 6, 7, 8, 9, 10.

24. With the statement in section 21 of this Ordinance Proportion of

fees to be paid mentioned each clerk shall transmit to the Territorial treasurer Territorial such proportion of the fees received by him during the preced- Treasurer ing year as under this Ordinance he is not entitled to retain to his own use. No. 8 of 1894, s. 11; No. 38 of 1897, s. 10 (6).

keep book

25. Any clerk who fails to keep the books required to be Penalty for kept by him under the provisions hereof or who fails to enter

neglect to therein any fee or fees received by him and required by the provisions hereof to be entered therein shall for each such offence be liable on summary conviction to a penalty not exceeding $20. No. 8 of 1894, s. 12.

26. Any clerk who shall fail to transmit to the Territorial Penalty for treasurer on or before the fifteenth day of January in any year Sion of annual the statement mentioned in section 21 hereof verified as therein statement provided shall on summary conviction be liable to a penalty of $20 for each day after that date that he shall fail to transmit the same so verified. No. 8 of 1894, s. 13; No. 38 of 1897, s. 10 (7)

transmit fees

27. Any clerk who fails to transmit to the Territorial Failure to treasurer with the statement in section 21 of this Ordinance mentioned the proportion of fees required to be so transmitted by him under the provisions of section 2+ hereof shall for every such offence be liable on summary conviction to a penalty of Penalty $20 for each day after the fifteenth day of January that he shall fail to transmit the same. No. 8 of 1894, s. 14; No. 38 of 1897, s. 10 (8).

28. The fees and moneys received by the Territorial Money to go to treasurer under the provisions hereof shall form part of the revenue fund

genenal

No. 8 of 1894, s. 15;

general revenue fund of the Territories. No. 38 of 1897, s. 10 (9).

SCHEDULE.

CLERK'S OATH OF OFFICE.

I,

do swear that I will truly and faithfully perforin the several duties of

clerk of the Supreme Court of the North-West Territories Judicial District of

to which I have been appointed without fear, favour or malice. So help me God. Sworn before me at

in the North-West Territories,
this
day of

1 .

CHAPTER 23.

An Ordinance respecting Sheriffs and Deputy Sheriffs.
THE
HE Lieutenant Governor by and with the advice and con-

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

OFFICE HOURS.

hours

1. It shall be the duty of every sheriff to keep his office Sheriff's office open

between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holidays and except Saturdays when the same may be closed at one o'clock in the afternoon. R.O. c. 57, s. 1.

BOOKS, RECORDS AND PROCESS.

2. Every sheriff shall keep a separate book in which he Fees received shall enter from day to day all fees and emoluments received to be recorded by him in virtue of his office showing separately the fees received for each service performed and such further facts and inforination as the Lieutenant Governor may from time to time require. No. 38 of 1897, s. 11 (1).

statement of

3. Every sheriff shall on or before the fifteenth day of Annual January in each year make up a statement in duplicate from fees such book and return the same to the attorney general verified under oath ; and such statement shall set forth the total amount of fees which have been received during the twelve months ended on the thirty-first day of December next preceding. No. 38 of 1897, s. 11 (1).

4. The sheriff shall keep in his office open to the inspection Books open of

to public any person the following books, namely:

inspection (a) Process books-in which shall be entered a memorandum of

every process other than writs of execution or writs in the nature of writs of execution received by the sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the names of the parties thereto, the advocate by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively;

(b) Execution books for goods and lands respectively in which shall be entered a memorandum of every writ of execution or writ in the nature of a writ of execution, the court out of which the same issued, the names of the parties thereto, the advocate by whom issued, the date of return and the nature of the return made thereto or whıạt was done thereunder or therewith ; and

(c) A cash book in which shall be entered all cash received or paid away by the sheriff' in his official capacity or in connec

tion with his office for any service whatever--for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was received or paid away.

(2) And a seal of office. R.O. c. 57, s. 3.

Supplying books and seal

5. The said books and seal shall be supplied out of the general revenue fund of the Territories. R.O. c. 57, s. 4.

Books,

of Governinent

vacancy of office

6. All books, accounts, records, papers, writs, warrants, proto be property cesses, moneys and other matters and things in the possession or under the control of any sheriff

' by virtue of or appertaining to his office as sheriff' shall be the property of the Government Disposition on of the Territories and the same and every of them shall

immediately upon the resignation, removal from office or death

any such sheriff be, by the party in whose possession or control they may come or happen to be, handed over to and taken possession of by the successor in office of such sheriff or such person as the judge usually exercising jurisdiction in the judicial district may appoint to receive the same. R.O. c. 57, s. 5; No. 38 of 1897, s. 11 (2).

of

Possession of books, etc.,

7. No person except the successor in office of the sheriff so after vacancy resigning, being removed or dying, or the person so to be ap

pointed by the judge as aforesaid shall take, have or hold any such books, accounts, records, papers, writs, warrants, process, moneys, or other matters or things; and any person having or holding any of the matters aforesaid shall forthwith on demand

deliver over the same and every of them to the said succeeding Refusal to give sheriff or to the person so to be appointed as aforesaid ; and

upon any such person neglecting or refusing so to do on conviction thereof before a julge of the Supreme Court he shall be liable to pay a penalty not exceeding $100.

R.O. c. 57, 6; No. 38 of 1897, s. 11 ().

up possession

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Ex-herits to have access to books

8. The sheriff after resigning office or removal from office, or his heirs, executors or administrators shall or may at any and at all time or times thereafter have the right and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants, and processes of whatever kind and all other matters or things which were formerly in the possession of him the said sheriff

' before his resignation or removal and which at the time of making or requiring to make such search or examination are in the possession or control of the succeeding sheriff, free of all costs, charges and expenses. R.(). c. 57, s. 7.

VACANCY IN OFFICE PENDING EXECUTION OF WRIT.

Sale of lands
by sheriil
Procedure
when Vacancy
occurs

9. In case of the death, resignation or removal of the sheriff, or of any deputy where there is no sheriff, after he has made a sale of lands but before he has made a transfer of the same to

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