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TITLE III.

RELATING TO THE ADMINISTRATION OF

JUSTICE.

CHAPTER 17.

An Ordinance respecting the Administration of Civil
Justice.

SHORT TITLE.

1. This Ordinance may be cited as "The Judicature Ordi- Title. nance." N.W.T., c. 21, s. 1.

135

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 have or include the meanings following:

1. "Cause" includes any action, suit, or other original "Cause." proceeding between a plaintiff and a defendant;

2. "Action" includes suit and means a civil proceeding "Action.' commenced 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 "Matter." in a cause;

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4. "Originating summons" means a summons by which "Originating proceedings are commenced without writ;

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summons.

5. "Plaintiff," "petitioner," "defendant," " party,' per- "Parties." son," include bodies politic or corporate holding the relation of plaintiff, defendant or party;

6. "Receiver" includes consignee or manager appointed "Receiver." by or under an order of the Court;

7. "Plaintiff" includes any person asking any relief "Plaintiff.” (otherwise than by way of counterclaim as a defendant)

against any other person by any form or proceeding, whether the same be taken by action, petition, motion, summons or otherwise;

"Petitioner." 8.

Petitioner " includes every person making any application to the Court, either by petition, motion or summons, otherwise than as against any defendant;

"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;

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10. "Party" includes every person served with notice of or attending any proceeding, although not named 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 also includes the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto and of the reply of the plaintiff to any counterclaim of a defendant;

15. "Judgment" includes decree;

16. "Order" includes rules;

17. "Affidavit " or "oath" includes affirmation where authorized by law;

18. "Rule of Court" or "rules of Court" 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 cther person of unsound mind.

20. “Execution creditor" includes an assignee of the execution creditor. N.W.T., c. 21, s. 2.

JURISDICTION.

3. The jurisdiction of the Territorial Court of the Yukon Territory 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 in 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. N. W.T., c. 21, s. 3..

4. If 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 Territory 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 Territory or vice versa, the suit may be commenced in either the clerk's or deputy clerk's office. N.W.T., c. 21, s. 4.

chambers

court.

5. A judge sitting in chambers, if he announces that he Judge in is sitting in Court, shall have, possess, exercise and enjoy all Announcethe powers and authorities, rights, privileges, immunities ment that and incidents of the said Court, and any judgment given sitting in or decision or determination, or rule, order or 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. N.W.T., c. 21, s. 5,

make vesting

6. In every case in which the Court has authority to Court may order the execution of a deed of conveyance, transfer or orders. assignment of any property, real or personal, the Court may by order vest such real or personal property 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 thereupon 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. N.W.T, c. 21, s. 6.

7. The Territorial Court presided over by a single judge Sittings of for the transaction of the business of the Court may sit and court. act at any such time and place in the Territory as the Commissioner appoints. N.W.T., c. 21, s. 7.

RULES OF LAW.

8. In every civil cause or matter commenced in the Terri torial Court, law and equity shall be administered by such Court according to the following rules:

or relief

1. If any plaintiff or petitioner claims to be entitled to Equitable any equitable estate or right, or to relief upon any equitable estate, right ground against any deed, instrument or contract, or against claimed by any right, title or claim whatsoever asserted by any defend- plaintiff. ant 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

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 Territorial 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 pur

pose:

3. The said Territorial 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 has 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 has 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 to 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 incidentally. 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.

Final

of matters in

5. The Territorial Court in the exercise of its jurisdiction determination in every cause or matter pending before it shall have power controversy. 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 of proceedings multiplicity of legal proceedings concerning any such to be avoided. matters avoided. N.W.T, c. 21,

Multiplicity

s. 8.

9. In the case of lunatics and their property and estates, Lunatics. the jurisdiction of the Court shall, subject to the rules of Jurisdiction Court, include that which in England is conferred upon of court. the Lord High Chancellor by Commission from the Crown under the Sign Manual. N.W.T., c. 21, s. 9.

10. The law to be administered in the Territory as to the matters next hereinafter mentioned shall be as follows:

1. No claim of a cestui que trust against his trustee for any Express trusts property held on an express trust or in respect of any breach

of such trust shall be held to be barred by any Statute of Limitations.

2. An estate for life without any impeachment of waste Equitable shall not confer or be deemed to have conferred upon the waste. tenant for life any legal right to commit waste of the description known as equitable waste unless an intention to confer such right shall expressly appear by the instrument creating such estate.

3. There shall not be any merger by operation of law only Merger. of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity.

4. A mortgagor entitled for the time being to the posses- Mortgagors of land, rights sion or receipt of the rents and profits of any land as to of action of. which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee may sue for such possession, or sue or distrain for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only unless the cause of action arises upon a lease or other contract made by him jointly with any other person and in that case he may sue or distrain jointly with such other

person.

of chose in

claims.

5. In case of an assignment of a debt or other chose in Assignment action, if the debtor, trustee or other person liable in res- action. pect of such debt or chose in action has had notice that such assignment is disputed by the assignor or any one Conflicting claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled Interpleader. if he thinks fit to call upon the several persons making claim thereto to interplead concerning the same.

to time, etc.

6. Stipulations in contracts as to time or otherwise which Stipulations would not heretofore have been deemed to be or to have be- in contracts as come of the essence of such contracts in a Court of Equity, shall receive in the Territory the same construction and effect as they would in equity.

7. Part performance of an obligation either before or after Part a breach thereof when expressly accepted by the creditor in when satisfaction or rendered in pursuance of an agreement for satisfaction. that purpose though without any new consideration shall be held to extinguish the obligation.

mandamus.

8. A mandamus or an injunction may be granted or a Interlocutory receiver appointed by an interlocutory order of the Court or

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