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CHAPTER 23

An Act to amend The Surrogate Courts Act.

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[Assented to February 9, 1922.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1. The Surrogate Courts Act is amended in the manner Rev. Stat. hereinafter set forth.

c. 41

68a and 68b

of assets

2. The following sections are inserted after section 68: New sections "68a. Where an executor or administrator has caused Distribution to be published once a week for four successive weeks in the newspaper published nearest to the last domicile of the testator or intestate a notice in such form as may be prescribed by the rules of court, such executor or administrator may, unless otherwise ordered, at the expiration of the time fixed in such notice, distribute the assets of the testator or intestate, or any part thereof, amongst the parties entitled thereto, having regard only to the claims. of which such executor or administrator has then notice, and shall not be liable for the assets or any part thereof, as the case may be, so distributed, to any person of whose claim such executor or administrator shall not have had notice at the time of the distribution of the said assets or any part thereof, as the case may be; but nothing in this Act shall prejudice the right of any creditor or claimant to follow the assets or any part thereof into the hands of the person or persons who may have received the same respectively.

Securities

"68b. In case a creditor or other person presenting or Valuation of sending in a claim to an executor or administrator, for which or for any part of which he holds security, fails to value such security as required by the rules of court, the judge may, on application by the executor or administrator, of which application three days' notice shall be given to such claimant, order that, unless a specified value shall be placed upon such security, and notified in writing to the executor or administrator within a time to be limited by the order, such claimant shall, in respect of the claim, or the part thereof for which the security is held, be wholly barred of any right to share in the proceeds of such estate; and if a specified value is not placed

Retrospective operation

New section 85

Judge's salary

on such security and notified in writing to the executor or administrator according to the exigency of such order, the said claim, or the said part, as the case may be, shall be wholly barred as against such estate."

3. The said sections 68a and 68b shall be deemed to have been in force on and after the tenth day of November, 1920.

4.-(1) Section 85, as enacted by chapter 27 of the statutes of 1920, is repealed and the following substituted therefor:

"85. There shall be paid out of the consolidated fund of the province to the judge of each of the surrogate courts hereby established, when not appointed as an acting judge merely, a salary of $1,500 per annum."

(2) Section 85 shall be deemed to have been in force in the form set forth in the preceding subsection on and after the fifteenth day of December, 1920.

CHAPTER 24

An Act respecting the Exchequer Court of Canada.

[Assented to February 9, 1922.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts

as follows:

1. This Act may be cited as The Dominion Courts Short title Act, 1922.

of court

2. The Exchequer Court of Canada shall have juris- Jurisdiction diction, in accordance with the provisions of an Act of the Parliament of Canada known as The Exchequer Court Act, in cases of:

(a) controversies between the Dominion of Canada
and Saskatchewan;

(b) controversies between any other province of
the Dominion which may have passed an Act
similar to this Act and Saskatchewan.

judges of

courts as to

3. In case sittings of any court of the Dominion of Authority of Canada, or of any judge thereof, are appointed to be held Dominion in any city, town, or place in which a court house is use of court situate, such court or judge shall have, in all respects, the house, etc same authority as a judge of the Court of King's Bench in regard to the use of the court house and other buildings or apartments set apart in the judicial district for the administration of justice

Rev. Stat.
c. 59, amended

Costs in gar. nishee proceedings

CHAPTER 25

An Act to amend The Attachment of Debts Act.

H1

[Assented to January 24, 1922.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1. Section 16 of The Attachment of Debts Act is repealed and the following substituted therefor:

"16. The costs of any application for an attachment of debts and of any proceedings arising from or incidental to such application shall be in the discretion of the court or a judge, and, as regards the costs of the judgment creditor, shall. unless otherwise directed, be retained out of moneys recovered by him under the garnishee order and in priority to the amount of the judgment debt."

CHAPTER 26

An Act to amend The Small Debts Recovery Act.

H1

[Assented to February 9, 1922.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

c. 60

1. Subsection (2) of section 3 of The Small Debts Rev. Stat. Recovery Act is hereby repealed.

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