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31. For the purpose of such reference upon the order delivery application of the person not being the party chargeable, or of a party interested as aforesaid, the Court or Judge may order the Advocate, his assignee or representative, to deliver to the party making the application a copy of the bill upon payment of the costs of the copy.
Taxation of bill after payment.
Style of taxation
32. No bill previously taxed shall be again referred, unless under the special circumstances of the case, the Court or Judge, to whom application is made, thinks fit to direct a re-taxation thereof.
33. The payment of any such bill as aforesaid shall in no case preclude the Court or Judze, to whom application is made, from referring such bill for taxation; if the application is made within twelve months after payment, and if special circumstances of the case, in the opinion of the Court or Judge, appear to require the same, upon such terms and subject to such directions as to the Court or Judge seem right.
34. All applications made to refer any bill to be, proceedings. taxed, or for the delivery of a bill, or for the delivering up of deeds, documents and papers shall be made In the matter of (such Adrocate); and upon the taxation of any such bill, the certificate of the officer by whom the bill is taxed, shall, unless set aside or altered by order of a Judge, or by decree or order of Court, be final and conclusive as to the amount thereof, and payment of the amount certified to be due and directed to be paid may be enforced according to the practice of the said Court.
35. Chapter 41 of The Revised Ordinances, 1888, Ordinances No. 25 and 26 of 1889, Ordinance No. 19 of 1890, Ordinance No. 12 of 1891-92, and Ordinance No. 26 of 1893 are hereby repealed.
NO. 10 OF 1895.
AN ORDINANCE TO AMEND AND CONSOLI-
(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:
1. The Clerks of the Supreme Court of the North- Clerks of West Territories for the Judicial Districts of Northern appoin Alberta, Southern Alberta, Saskatchewan, Western Deputi 28 Assiniboia and Eastern Assiniboia shall respectively appoint a Deputy at Edmonton, Medicine Hat, Battleford, Moose Jaw and Yorkton, and such Deputy Clerk shall have and perform the powers, duties, and obligations hereinafter mentioned.
2. For the purposes hereinafter mentioned the re- Districts pective districts of the said Deputy Clerks shall be as follows:
The district of the Deputy Clerk at Edmonton shall consist of all the district of Alberta lying north of Township 42; the district of the Deputy Clerk at Medicine Hat shall consist of all that portion of the provisional district of Assiniboia lying west of the line between ranges 23 and 24 West of the 3rd meridian; the district of the Deputy Clerk Battleford shall consist of all that portion of the visional district of Saskatchewan lying west of the line between Ranges 11 and 12 west of the 3rd meridian; the district of the Deputy Clerk at Moose Jaw shall consist of all that portion of the judicial district of Western Assiniboia west of the line between Ranges 23 and 24 west of the 2nd meridian and
east of the west line of the twenty-third Range of Townships west of the 3rd meridian; the district of the Deputy Clerk at Yorkton shall consist of all that portion of the judicial district of Eastern Assiniboia, lying north of a line which may be described as follows:
Commencing at the point where the line between Townships twenty and twenty-one in the Dominion lands system of survey intersects the western boundary of the province of Manitoba thence westerly following said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second initial meridian, thence northerly along the line between aid ranges seven and 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 between ranges ten and eleven west of the second initial meridian in the Dominion lands system of survey.
3. All actions, suits, or other proceedings commenced Deputy Clerks in the office of any one of the said Deputy Clerks shall be carried on in the same office, and in respect thereof such Deputy Clerk shall in all respects have and perform all the powers, duties, and obligations of the Clerk of the Court for his judicial district; and such Deputy Clerks respectively shall have and use a duplicate of the seal of the Court used by the Clerks of their respective judicial districts, and keep such books as are kept by the Clerks.
4. In respect of the following matters :
(a) Applications for letters probate or letters of for Probate or administration, where the deceased died within a Administra. Deputy Clerk's district, or where the whole of the estate in respect whereof letters probate or letters of administration are applied for, lie within a Deputy Clerk's district;
(b) Application for the appointment of a guardian Guardian of of the person of an infant or a lunatic, where the in-person of fant or the lunatic resides within the Deputy Clerk's lunatic district;
(e) Application for the appointment of a guardian Guardian of of the estate of an infant or a lunatic, where the in- infant or fant or the lunatic resides within the Deputy Clerk's district; or where the whole of the estate to be affected lies within a Deputy Clerk's district;
(d) Proceedings commenced by originating summons Where and proceedings originating by petition, notice of Advocate motion, or Judge's summons, where the advocate for District the applicant resides in a Deputy Clerk's district;
Such Deputy Clerk shall, and in applications of the Powers of character of those marked (a) and (e), where a part only of the property to be affected lies within a Deputy Clerk's District, such Deputy Clerk may have and perform all the powers, duties, and obligations of the Clerk of his judicial district.
5. In any action, suit, or other proceeding, wher- Examination ever commenced, in case it is desired to examine a person pursuant to Section 187 of "The Judicature Ordinance" and such person resides within the district of one of the said Deputy Clerks, such Deputy Clerk shall, for the purposes of such examination, have and perform all the powers, duties, and obligations of the Clerk of his judicial district.
6. In respect of appeals from convictions or orders Appeals made by a Justice of the Peace, under the authority of any Ordinance relating to matters within the legislative authority of the Legislative Assembly of the Territories, or under the authority of a municipal by-law, where the conviction or order is made within the district of any one of the said Deputy Clerks, the office of such Deputy Clerk shall be the office of the Court in which all proceedings relating to such appeal shall be carried on; and in respect thereof such De
Ordinance not to apply to pending business
puty Clerk shall have and perform all the powers duties, and obligations of the Clerk of his judicial district.
7. The Sheriffs of the Supreme Court of the NorthWest Territories for the Judicial Districts of Northern Alberta, Southern Alberta, Saskatchewan, Western Assiniboia and Eastern Assiniboia shall respectively appoint a Deputy at Edmonton, Medicine Hat, Battleford, Moose Jaw and Yorkton; and such Deputy Sheriff's shall have and perform the power, duties and obligations hereinafter mentioned.
8. For the purposes hereinafter mentioned the respective Districts of the Deputy Sheriffs at Edmonton, Medicine Hat, Battleford, Moose Jaw and Yorkton shall be the same respectively as the Districts of the Deputy Clerks at the said places respectively.
9. The provisions of this Ordinance shall not apply to any business pending at the time of the passing f this Ordinance, and such business shall be completed in the office of the Sheriff and Clerk, respectively, in which it was begun.
(a) Provided that if any mesne or final process in the hands of the said Sheriff of Eastern Assiniboia at the time of the passing of this Ordinance intended to affect real or personal property situate within the District of such Deputy Sheriff at Yorkton or any renewal of any such process, shall be in force and unexecuted on the first day of July, 1896, the same shall within ten days thereafter be transmitted by said Sheriff to the Deputy Sheriff at Yorkton and, upon receipt thereof by such Deputy Sheriff, he shall have and perform all the powers, duties and obligations of said Sheriff with respect to same, and the provisions of Section 9 hereof shall not apply to any such process after said date.
10. All the powers, duties and obligations which may now be exercised or performed by the Sheriff of any one of the said Judicial Districts may hereafter,