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(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
other disposition of infants' estates or matters
affecting the custody of infants;

(d) For providing a table or tariff of fees and allowances
for services by barristers, solicitors and counsel in
all causes, actions and matters in the court, of fees
and charges by sheriffs, local registrars and all other
officers of the court and of witnesses, jurors and of
all fees, charges and allowances proper to be fixed
or provided for under this Act and rules of court;
(e) For the hearing of appeals from the district courts
or from a judge of a district court or from surrogate
courts and for hearing of motions and appeals from
any of the judges of the court sitting for the trial of
causes or in chambers and for regulating all matters
relating to the practice on such appeal;

(f) Any provisions relating to the payment, transfer or
deposit into or in or out of any court or of any
money or property or to the dealing thereof shall for
the purposes of this section be deemed to be provi-
sions relating to practice and procedure;

(4) Generally for regulating any matters relating to the
practice and procedure of the court or to the duties
of the officers thereof or to the cost of proceedings
therein and every other matter deemed expedient for
the better attaining the ends of justice, advancing
the remedies of suitors and carrying into effect
the provisions of this Act and of all other Acts now
or hereafter in force respecting the court.

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
courts as
they possess
to make rules

(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
Courts and the Practice and Procedure therein.

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

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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

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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
a district court to perform the duties of a district court judge
therein and every judge so authorised shall during such time
possess and exercise therein all the powers, authority and
jurisdiction exercised by a judge of a district court under this
Act or under any law or Statute in force in Saskatchewan.

(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
judges shall have, use, exercise and enjoy all the powers,
authority and functions by this or any other Act or law
conferred or devolving upon such district court judge or
judges. 1907, c. 9, s. 7.

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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:

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judges

do swear Form of oath

that I will well and truly serve our Sovereign Lord the King in
the office of Judge of the District Court of the Judicial
District of
and that I will
duly and faithfully and according to the best of my ability
and knowledge execute the several duties and powers imposed
on me as a judge of the said court."
Sworn at

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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

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