Sidor som bilder

Section 403 amended.

Section 418

repealed and

of the judicial district wherein the said judgment debtor resides or carries on business."

3. Section 403 of the said Ordinance is hereby amended by adding thereto the following words:

"and the parties to such bond shall be liable to the defendant, and the defendant be entitled to recover from them in such action as well the value of the property replevied as the amount of any judgment in his favor in the original action, as also such damages as the defendant may have sustained by reason of detention of the property replevied by means of the said writ."

4. Section 418 of the said Ordinance is hereby renew Section pealed and the following section substituted there


Section 464 amended.

Section 492 amended.



"418. Subject to the provisions of Section 503 of this Ordinance an appeal will lie to the Court in banc from the decision of a Court or a judge in any interpleader proceeding, but subject to such appeal the decision of the Court or judge shall be final and conclusive against the claimants and all persons claiming under them."

5. Section 464 of the said Ordinance is hereby amended by adding thereto the following sub-section:―

"(a) If in any case it is in the interests of the estate of a deceased person that the same be forthwith administered, or that some one other than the personal representative be appointed to administer the estate, the Judge may, on application, with such notice (if any) as he may direct, appoint as administrator such person as he deems proper and may in making such appointment dispense with the giving of security."

6. Section 492 of the said Ordinance is hereby amended by adding thereto the following subsection:

(10) For an order that no action be brought or that all actions and proceedings pending against trustees, executors, or adminstrators be stayed for such period as to the said Judge may seem necessary or expedient in order that sufficient time be allowed to such trustee, executor, or administrator for the performance of the trusts imposed upon him; provided, however, that any creditor or other person interested in such estate may apply before expiration of such time for an order discontinuing such stay."

7. Section 504 of the said Ordinance is hereby Section 504 repealed and the following substituted therefor :

"504. No security for costs shall be required in applications for new trials or appeals or motions in the nature of appeals unless by reason of special circumstances such security is ordered by a Judge upon application to be made within fifteen days from the service of the notice of motion, application or appeal."

[ocr errors]

repealed and new Section substituted.


8. Section 558 of the said Ordinance is hereby Section 558 amended by striking out the words "fifteenth day of July" where they occur therein and substituting therefor the words "thirty-first day of July" and by striking out the words "fifteenth day of September where they occur therein and substituting therefor the words "thirtieth day of September" and by adding to the end of said Section the following words "provided that notice of motion to set actions down for trial may be given and heard during vacation."


9. The form "Writ of Replevin" in the appendix of Form of Writ the said Ordinance is hereby amended by inserting be- amended. fore the words "in that behalf" where they occur therein the following words "as it is alleged; in order that the said plaintiff may have his just remedy.”

replevin Bond

10. The form Bond for Replevin" in the appendix Form of to said Ordinance is hereby amended by striking out amended. the condition clause therein and substituting the following therefor:

Section 28 of Ordinance No. 5 of 1894 amended.


"Now the condition of this obligation is such that if the said A. B. shall prosecute his suit in which the said writ is issued with effect and without delay, or if suit is carried on and continued between the said A. B. and C. D. touching the property of the said cattle (or goods) and the Court shall adjudge that the said cattle (or goods) be restored to the said C. D. with damages for detaining the same and during such detention.

"Then, if the said A.B. shall comply with such adjudication and pay and satisfy any judgment that may be obtained against him, this bond shall be void."

[ocr errors]

11. Section 28 of Ordinance No. 5 of 1894 intituled 'An Ordinance to amend the Judicature Ordinance" is hereby amended by striking out the words "as many copies of it as there are defendants" and substituting therefor the words "a copy to file and one for each copy of writ desired.",

12. Sub-section 2 of Section 36, Sections 37, 38, 40, Sections and 41, 42, sub-section 1 of Section 43 and Form E of Ordinance No. 5 of 1894 are hereby repealed.



Substitute for

section 41 of

13. The following Section is substituted for Section Ordinance No. 41 repealed by the last preceding Section :

5 of 1894.



"41. After the filing by the defendant of his dispute note the clerk shall inform the Judge that such dispute is so filed and the Judge shall thereupon set the case down for trial in chambers or such other place as the Judge may deem expedient and at such time as to him may seem expedient.

"Provided however that this Section shall in no wise affect the right of the plaintiff to move to strike out the said dispute note and for judgment or in any way curtail the powers given under Section 19 of this Ordinance.'

[ocr errors]

14. Every administrator to whom Letters of Admintrations to be istration have been granted previous to the passing of this Ordinance shall within twelve months after the coming into force of this Ordinance and every admin

closed within 12 months.

to Adminis

istrator hereinafter appointed shall within two years Accounts to be passed by after the grant of Letters of Administration file in the Judge office of the Clerk of the Supreme Court in the District wherein the grant was made, a statement and an account verified by his oath showing his administration of the estate, and apply to the Judge usually exercising jurisdiction in such District to have his accounts pass- After payment of legal ed and allowed and for discharge from his office, charges and whereupon such proceedings as may be considered remuneration proper under the provisions of Section 492 of this trator balance Ordinance shall be had and any moneys remaining in Court. his hands, after payment of legal charges thereon, and such remuneration for his services as administrator as the Judge may allow shall be paid into Court in the the said District, after payment of which the liability Liability of of the securities of the administrator upon their bond to be shall be discharged and the bond directed to be can- discharged.. celled.

to be paid into

sureties then

paid into


Any money paid into Court under the provisions of Balance to be this Section shall, after deducting such charges and General fees for services rendered in connection therewith as Fund. the Judge may allow, be transferred over to the General Revenue Fund of the Territories.

failing to comply with this section.

Upon failure by any administrator to comply with Proceedings against the duty imposed upon him by this Ordinance, upon the administrator written direction of the Lieutenant-Governor-inCouncil authorizing the same, any Advocate of the provisions of Territories named in such direction may, in his own name, institute such proceedings against the administrator and his sureties as may be requisite to enforce compliance therewith under the provisions of "The Judicature Ordinance" and the administrator and his sureties shall be liable for the costs incurred in, and in connection with such application, and any Order of the Judge may be enforced as Orders are usually enforced and the neglect of any administrator to obey a Judge's Order, after personal service thereof upon him, shall be a contempt of Court.

Short Title.



NO. 8 OF 1895.



[Assented to 30th September, 1895.]

The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows:

[ocr errors]

1. This Ordinance may be cited and known as "The Bills of Sale Ordinance.".

2. For the purposes of registration of mortgages and other transfers of personal property in the Territories, the following shall be registration districts -

(u) The registration District of "Moosomin," comprising that part of the Provisional District of Assiniboia, as is defined by the Order of the Privy Council of Canada passed on the eighth day of May, A.D., 1882, Eastward of the eleventh range of Townships West of the Second Meridian and South of a line which be described as follows:



Commencing at a point where the line between Townships twenty and twenty-one in the Dominion Lands system of survey intersects the Western boundof the Province of Manitoba, thence Westerly following the said line between townships twenty and twenty-one to its intersection with the line between Ranges seven and eight West of the Second Meridian, thence Northerly along the line between ranges seven aud eight to its intersection with the line between Townships twenty-two and twenty-three, thence Westerly along the line between said Townships twenty-two and twenty-three to its intersection with the line be

« FöregåendeFortsätt »