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the purchaser such transfer shall be made to the purchaser by the sheriff or the deputy sheriff who is in office acting as sheriff as aforesaid at the time when the deed of conveyance is made. R.O. c. 57, s. 8.

10. If the sheriff goes out of office during the currency of Sheriff vacating, any writ of execution against lands and before the sale, such successor to writ shall be executed and the sale and transfer of the lands be continue made by his successor in office and not by the former sheriff. R.O. c. 57, s. 9.

MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF SURETIES.

process

sureties

11. The sureties of the sheriff shall be liable to indemnify Liability of the party or parties to any legal proceedings against any omission or default of the sheriff in not paying over moneys received by him and against any damage sustained by any such party or parties in consequence of the sheriff's wilful or neglectful misconduct in his office and the sheriff shall be joint defendant in any action to be brought upon the covenant or security given by the sheriff. R.O. c. 57, s. 10.

sheriff

security

12. Any person sustaining any damage by reason of any Default of such default or misconduct of any sheriff may bring and maintain an action upon the said covenant or security for such Action on default or misconduct and such action shall not be barred by reason of any prior recovery by the same party upon the covenant or security or of any judgment rendered for the defendant in any prior action upon the same covenant or security or by reason of any other action being then depending upon the same either at the suit of the same plaintiff or of any other party for any other distinct cause of action. R.O. c. 57, s. 11.

surety's

13. If upon the trial of any action upon any such covenant Limitation of or security it is made to appear that the plaintiff is entitled to liability recover and that the amount which such surety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety the court after deducting from such full amount the sums which he has so paid or become liable to pay as aforesaid shall render judgment against him for any suin not exceeding the balance of the sum for which he became surety. R.O. c. 57, s. 12.

discharged from liability

14. Where any such surety actually and bona fide and of his when surety own proper moneys and effects has paid or become liable by virtue of a judgment or judgments recovered against him upon his said covenant or security to pay an amount equal to the amount specified in the said covenant or security for which he became surety such covenant or security shall as to him be deemed to be discharged and satisfied and no other or further sum shall be recovered against him. R.O. c. 57, s. 13.

15. It shall be competent for the Supreme Court or a judge Stay of thereof upon proof to the satisfaction of the Court or judge of against surety

proceedings

When judgment recovered

first

such payment or liability in a summary manner and at any stage of the cause by stay of proceedings or otherwise to prevent the recovery against any such surety of any further sum than the amount specified in his covenant or security and for which he may have become surety. R.O. c. 57, s. 14.

16. Upon every writ of execution under a judgment recovered on such covenant or security the plaintiff or his advocate upon security shall by an indorsement on the writ direct the coroner or other sheriff's goods officer charged with the execution of such writ to levy the amount thereof upon the goods and chattels of the sheriff in the first place and in default of goods and chattels of the sheriff to satisfy the amount then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendants in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. R.O. c. 57, s. 15.

Sheriff liable

until successor takes office

Sheriff, etc.. may not purchase under execution

17. Notwithstanding a sheriff may have forfeited his office and become liable to be removed therefrom the liability of himself and his sureties shall remain until a new sheriff has been appointed and sworn into office. R.O. c. 57, s. 16.

OFFICERS NOT TO PURCHASE AT EXECUTION SALES.

18. No sheriff, deputy sheriff, bailiff or constable shall directly or indirectly purchase any goods or chattels, lands or tenements by him exposed to sale under execution. R.O. c. 57, s. 17.

Liability for

execution of writ

MISCONDUCT OF BAILIFF OR CONSTABLE.

19. If any bailiff or constable entrusted with the execution misconduct in of any writ, warrant, process, mesne or final, wilfully misconducts himself in the execution of the same or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. R.O. c. 57, s. 18.

Restoration

etc., to sheriff

CUSTODY OF WRITS, PROCESS, ETC.

20. Every deputy sheriff, bailiff or other sheriff's officer or of documents, clerk entrusted with the custody of any writ or process or of any book, paper or document belonging to the said sheriff or his office shall upon demand upon him by such sheriff restore and return such writ, process, book, paper or document to the custody of the said sheriff and in case of any neglect or refusal to return or restore the same as aforesaid the party so neglecting Enforcement or refusing may be required by an order of the Supreme Court or of any judge of such court to return and restore such writ, process, book, paper or document to such sheriff and if he disobeys such order may be further proceeded against by attachment as in other cases of contumacy to orders or rules of court. R.O. 57, s. 19.

of return

to deliver

required

21. If any deputy sheriff, bailiff or sheriff's officer shall have Sheriff's officer in his possession, custody or control any writ of summons, fieri process to facias or other writ or any bench warrant or process whatso- sheriff when ever and shall upon demand made by the sheriff from whom the same may have been received or his successor in office or by any other party entitled to the possession of the same neglect or refuse to deliver up the same such sheriff or his successor in office or the party entitled to the possession of the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs and with or without costs or be discharged with costs against the party applying in the discretion of the judge aforesaid. R.O. c. 57, s. 20.

VACANCY IN OFFICE OF SHERIFF. DEPUTY TO ACT.

case of death, resignation or

sheriff

22. In case a sheriff dies, resigns his office and his resigna- Provision in tion is accepted or is removed therefrom the deputy sheriff by him appointed shall nevertheless continue the office of sheriff removal of and execute the same and all things belonging thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office; and the said deputy sheriff shall be answerable for the execution of the said office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resigning or having been removed would by law have been if he had been living or continuing in office and the security given to the sheriff so deceased, resigning or being removed by his said deputy sheriff and his pledges as well as the security given by the said sheriff shall remain and be a security to the Queen, Her Heirs and Successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. R.O. c. 57, s. 21.

SECURITIES AND OATHS OF OFFICE.

filed

23. Every sheriff before entering upon the duties of his copy of office and if after entering upon his duties a new security is security to be 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).

24. Such security shall be available to and may be sued Security may upon by any person suffering damages by the default, breach of be sued upon duty or misconduct of such sheriff. No. 6 of 1893, s. 13.

of security

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

Oath of office

Deputy sheriff's to be appointed

Districts defined

Powers and duties of deputy

Deputy to give security

26. Every sheriff and every deputy sheriff appointed under the provisions of any Ordinance of the Territories in that 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.

DEPUTY SHERIFFS.

27. The sheriffs of the several judicial districts shall respectively from time to time appoint a deputy at Edmonton, Lethbridge, Medicine Hat, Battleford, Moose Jaw and Yorkton; and such deputy sheriffs shall have and perform the powers, duties and obligations hereinafter mentioned. No. 10 of 1895, s. 7; No. 13 of 1896, s. 3.

28. For the purposes hereinafter mentioned the respective districts of the deputy sheriffs at Edmonton, Medicine Hat, Battleford, Moose Jaw, and Yorkton shall be the same respectively as the districts of the deputy clerks at the said places respectively; and the district of the deputy sheriff at Lethbridge shall be that portion of the electoral district of Lethbridge lying to the east of the dividing line between ranges twenty-seven and twenty-eight west of the fourth initial meridian:

Provided that any business pending shall be completed in the office of the sheriff or deputy sheriff respectively in which it was begun or is pending. No. 10 of 1895, ss. 8, 9; No. 13 of 1896, s. 4.

29. All the powers, duties and obligations which may now be exercised or performed by the sheriff of any one of the said judicial districts may hereafter so far as they are to be exercised or performed within the districts of any one of the said deputy sheriffs or as they affect property and person in the districts of any one of such deputy sheriff's be exercised and performed by such deputy sheriff's respectively and in respect of mesne and final process intended to affect real or personal property situate within the districts of any one of the said deputy sheriff's such deputy sheriff shall have and perform all the powers, duties and obligations of the sheriff of his judicial district and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial district and such deputy sheriff's shall have and use a duplicate of the seal of the sheriffs of their respective judicial districts and keep such books as are kept by sheriffs. No. 10 of 1895,

s. 10.

30. Each deputy sheriff before entering on his duties shall give security to the Lieutenant Governor to the satisfaction of the Lieutenant Governor in Council in the sum of $2,000 for the due performance of the duties and obligations of his said

be proceeded

office and for the due payment over to the persons entitled Security may thereto of all moneys received by him by virtue of his said office upon and any person sustaining damage by reason of the nonperformance or improper or undue performance of such duties or obligations by reason of the nonpayment over of such moneys shall have and possess a right of action against such deputy sheriff 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).

responsible

31. The respective sheriffs for the said judicial districts of Sheriff not Northern Alberta, Southern Alberta, Saskatchewan, West- for deputy ern Assiniboia and Eastern Assiniboia shall not after the giving of such security by their said respective deputies be answerable or accountable for the acts or nonperformance 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).

act as

32. No sheriff or deputy sheriff while holding office shall Sheriff or practise as an advocate of the Territories or be a member of deputy not to any firm of advocates practising in the Territories. No. 38 of advocate 1897, s. 8 (6).

SCHEDULE.

SHERIFF'S OATH OF OFFICE.

I.

faithfully perform the several duties of

do swear that I will truly and
sheriff of

the judicial district to which I have been appointed without fear, favour or malice. So help me God.

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