"Petitioner" "Defendant" 'Party" "Person" "Clerk" "Sheriff" "Pleading" "Judgment" "Order" "Affidavit" "Oath" "Rule of court" "Lunatic" "Execution creditor" summons, 8. "Petitioner" includes every person making any application to the Court, either by petition, motion, or 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 named in the recocl. 11. “Person” includes a body corporate or politic; 12. "Clerk" or "clerk of the court" includes deputy clark, 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 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 rule; 17. "Affidavit" or "oath" includes affirmation where authorized 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 execufion creditor. C. O., c. 21, s. 2. Jurisdiction Practice and procedure Entry and trial of suits, in what district 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. C. O. c. 21, s. 3. 4. Suits shall be entered and unless otherwise ordered tried 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. (2) If in any judicial district there is a district of a de puty 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 the deputy clerk's office. C.O., c. 21, s. 4. chambers that sitting 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 Announcement the powers and authorities, rights, privileges, immunities and in Court incidents of the said Court, and any judgment given 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. C.O., c. 21, 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 orders of any property, real or personal, the Court may by order vest such real or personal estate is 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. C.O., c. 21, 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. [7a. The Lieutenant Governor in Council may by order divide or otherwise alter the boundaries of any judicial district now or hereafter established and may establish new districts and may by any such order or any other order make such provisions as he may deem necessary to protect the interests affected thereby.] C.O., c. 21, s. 7; 1903, 2nd session. c. 6, s. 2. Equitable estate, right or relief claimed by plaintiff Equitable estate, right or relief claimed by detendant Counterclaim 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: 1. If any plaintiff or petitioner 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 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. 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 and third parties 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 r 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. Equitable rights appearing incidentally 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. mination of controversy 5. The Supreme Court in the exercise of its jurisdiction in Final deterevery cause or matter pending before it shall have power to matters in 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 Multiplicity proceedings concerning any such matters avoided. c. 21, s. 8. of proceedings C. O., to be avoided of Court 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 the Lord High Chancellor by a Commission from the Crown under the Sign Manual. C.O., c. 21, s. 9. 10. The law to be administered in the Territories as to the matters next hereinafter mentioned shall be as follows: 1. No claim of a cestui que trust against his trustee for any 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. Express trust waste 2. An estate for life without any impeachment of waste Equitable shall not confer or be deemed to have conferred upon the 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. land, rights of 4. A mortgagor entitled for the time being to the possession Mortgagors of or receipt of the rents and profits of any land as to which no action et 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. Assignment of chose in action Conflicting claims Interpleader Stipulations in Part performance when satisfaction Interlocutory Injunction Damages in addition to or instead of injunction or ance 5. In case of an assignment of a debt or other chose in action, if the debtor, trustee or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled if he think fit to call upon the several persons making claim thereto to interplead concerning the same. 6. Stipulations in contracts as to time or otherwise which would not heretofore have been deemed to be or to have become of the essence of such contracts in a Court of Equity, shall receive in the Territories the same construction and effect as they would in equity. 7. Part performance of an obligation either before or after a breach thereof when expressly accepted by the creditor in satisfaction or rendered in pursuance of an agreement for that purpose though without any new consideration shall be held t extinguish the obligation. 8. A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the Court or judge in all cases in which it shall appear to the Court or judge to be just or convenient that such order should be made and any such order may be made either unconditionally or upon such terms and conditions as the Court or judge shall think just; and if an injunction is asked, either before or at or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass such injunction may be granted, if the Court or judge shall think fit whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title and whether the estates claimed by both or by either of the parties are legal or equitable. 9. In all cases in which the Court has jurisdiction to entertain an application for an injunction against a breach of any specific perform-Covenant, contract or agreement or against the commission or continuance of any wrongful act or for the specific performance of any covenant, contract or agreement, the Court if it thinks fit may award damages to the party injured either in addition to or in substitution for such injunction or specific performance and such damages may be ascertained in such a inanner as the Court may direct, or the Court may grant such other relief as it may deem just. Orders of Court as against purchasers 10. An order of the Court under any statutory or other jurisdiction shall not as against a purchaser whether with or without notice be invalidated on the ground of want of jurisdiction or of want of any concurrence, consent, notice or service. |