(iii) Appeals and applications in the nature of appeals and applications concerning the hearing of appeals; (iv) Applications by executors, administrators or trustees for advice; (v) Proceedings in lunacy and with respect to the estates of lunatics; (vi) Applications with respect to the sale or (d) For providing a table or tariff of fees and allowances (f) Any provisions relating to the payment, transfer or (4) Generally for regulating any matters relating to the have same authority to make rules of court for (3) The judges of the court shall have the same authority Judges to to make rules of court with respect to district courts and surrogate courts as they possess with respect to the supreme court including rules relating to appeals to and from district courts except with respect to regulating sittings of the court. district and surrogate (4) Where any provision in respect to the practice or for supreme procedure of any court the jurisdiction of which is vested by court this Act in the supreme court is contained in any Act, rules statutory of court may be made for modifying such provisions to any respecting Certain provisions procedure may be practice and extent that may be deemed necessary for adapting the same to the said court unless in the case of any Act hereafter passed this power shall be expressly excluded. modified by rules of court Power to Lieutenant Governor in Council to make rules regarding certain matters Council of the judges to consider procedure tration of justice (5) Notwithstanding anything in this section contained the Lieutenant Governor in Council may make rules for any of the purposes above mentioned and such rules when made shall to the extent thereof supersede any rules in force at the time of the making thereof. 1907, c. 8, s. 55; 1908, c. 38, s. 27 (2). 55. A council of the judges of the court and of the district courts of which due notice shall be given to all the judges and adminis- shall assemble once at least in every year upon such day or days as shall be fixed by the Lieutenant Governor in Council for the purpose of considering the operation of this Act of The District Courts Act and of the rules of court for the time being in force and also the working of the several offices and the arrangements relative to the duties of the officers of the said respective courts and of inquiring and examining into any defects which may appear to exist in the system of procedure or the administration of the law in the court or in any other court in the province or by any other authority; and they shall report annually to the Lieutenant Governor what, if any, amendments or alterations it would in their judgment be expedient to make to this Act or otherwise relating to the administration of justice and what other provisions, if any, which cannot be carried into effect without legislative authority it would be expedient to make for the better administration of justice; an extraordinary council of the said judges may also at any time be convened by the Lieutenant Governor. 1907, c. 8, s. 56. CHAPTER 53 An Act respecting the Establishment of District SHORT TITLE. 1. This Act may be cited as "The District Courts Act." Short title 1907, c. 9, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the Interpretaexpression: tion 1. "Court" and "district court" mean the district court "Court" hereby established; 2. "District" and "judicial district" mean a territorial "District" division of the province as provided for by sections 3 and 4 of this Act; meaning as in 3. In this Act and in the rules of court from time to time Certain expressions in force in the district courts unless there is something in the to have same subject or context repugnant thereto the expressions "cause," Judicature "action," "matter," "plaintiff," "petitioner," "defendant," Act "party," "person," "sheriff," "pleading," "judgment," "order," "affidavit or oath" and "execution creditor" shall respectively have the same meaning as the same expressions have in The Judicature Act. 1907, c. 9, s. 2. otherwise 3. Unless otherwise provided by the Lieutenant Governor Unless in Council the province shall for the purposes of this Act be provided divided into eight judicial districts as set out in schedule A province to to this Act. 1907, c. 9, s. 3. be divided into eight judicial districts to the 4. The Lieutenant Governor in Council may by proclama- Power given tion from time to time alter the limits of any of the said Lieutenant judicial districts and may establish new judicial districts and Governor in district courts therein. 1907, c. 9, s. 4. Council to alter districts, etc. COURTS. courts 5. There is hereby constituted and established in and for District each of the said judicial districts a court of law and of record esta to be called "The District Court of the Judicial District Seal of court One judge for each court Judge how styled In event of vacancy Lieutenant Governor in Council may authorise another judge to act judge pro tem More than one judge may be appointed in district SEALS AND RECORDS. 6. The Lieutenant Governor in Council shall from time to time determine and declare the seal to be used in the district courts and by which its proceedings shall be certified and authenticated. 1907, c. 9, s. 6. 7. Subject to the provisions of subsections (3) and (4) of this section there shall be one judge for each of the said courts who shall be styled "The Judge of the District Court of the Judicial District of in the office of judge any (2) In the event of a vacancy reer in Council may of the said courts the until the vacancy or vacancies be filled authorise any judge of (3) Where it is deemed necessary in the public interest one or more additional judges of a district court may be any judicial appointed in and for any judicial district and in the event of such an appointment or appointments being made each of the judges appointed therefor shall have jurisdiction therein. One judge may act in district of another judge when requested, etc. (4) Any judge of a district court may hold court and perform any other duty of a judge of a district court in any judicial district other than the judicial district to which he is appointed on being requested so to do by the judge to whom the duty books on being authorised so to do by the 67-10-1913 Fieutenant Cover Connel; and the judge so requested or authorised shall have the same powers as the judge in whose district he acts would have. Judges of the supreme required to belongs in (5) Any or all the judges of the supreme court shall upon court may be the request of the Lieutenant Governor in Council perform perform the the duties by this or any other Act or law devolving upon the district court judges of the district courts of any or all of the judicial duties of a judge Residence of judge Judge not to practise districts in the province and when so acting such judge or 8. The judge of the district court of each judicial district shall reside at such place in the district to which he is appointed as the Lieutenant Governor in Council shall direct. 1907, c. 9, s. 8. 9. No judge shall directly or indirectly practise or conduct law or carry any business in the profession or practice of the law while he is such judge. 1907, c. 9, s. 9. on legal business 67-10-19 10. The oath to be taken by the judges appointed to the Oath of district courts shall be the following: judges do swear Form of oath that I will well and truly serve our Sovereign Lord the King in this day of 19, 1907, c. 9, s. 10; 1908, c. 38, s. 28. before ex officio 11. The judge of each court shall be ex officio a coroner Judges to be and justice of the peace for the province and shall be ex officio coroner, a police magistrate within his judicial district. 1907, c. 9. peace, etc. s. 11. Justice of the or against to be brought supreme 12. Any action by or against a judge of a district court Actions by which is within the jurisdiction of the district court shall be district brought in the supreme court in the judicial district where court judge the cause of action arose or the defendant resides and accord- in the ing to the practice and procedure thereof, and a judge of the court supreme court shall hear and determine such action in the same manner as in other actions therein and upon judgment given in any such action execution may issue in the usual manner thereon. (2) The judgment in any such action shall be subject to Appeals appeal to the court en banc according to the practice and rules of court in that behalf provided. (3) The costs in any such action shall be taxed and allowed Costs according to the scale of costs in district courts in similar actions. 1907, c. 9, s. 12. OFFICERS. court 13. In each judicial district the Lieutenant Governor in Clerk of the Council may appoint an officer of the court to be styled "The Clerk of the District Court of the Judicial District of "and may name a place at which such clerk shall reside and keep an office. 1907, c. 9, s. 13. perform in 14. Every clerk shall have and exercise within the judicial Clerk to district in the court of which he is clerk in respect to proceed-district court ings in the district court of such judicial district similar to those similar duties |