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Sub-section 5 of section 32 amended.

Section 369 amended.

Section 492 amended.

Witness fees, tariff amended

Inquiry or

accounts may

NO. 21 OF 1896.


[Assented to October 30, 1896.]

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

The Judicature Ordinance is further amended and extended as follows:

1. Sub-section 5 of section 32 is amended by adding "founded on tort committed within the jurisdiction; or '

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2. Section 369 is amended by adding "and a copy of such summons shall be served upon the defendant within one month after the same has been issued."

3. Section 492 is amended by striking out the word "a" between the words "judge" and "summons" and inserting instead the words "an originating".

4. The witness, juror's and interpreter's fees tariff is amended by adding after the word "trial" the words or other proceeding."

5. The court or a judge may, at any stage of the he ordered by proceedings in a cause or matter, direct any necessary judge. inquiries or accounts to be made or taken, and may direct the same to be taken by the clerk or other competent person, notwithstanding that it may appear that there is some special or further relief sought for, or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

Sale of land

may be ordered.

6. If in any cause or matter relating to any real estate, it shall appear necessary or expedient that the

real estate or any part thereof should be sold, the court or a judge may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as may be thereby directed.

powers to

7. In all cases where a sale, mortgage, partition, or Additiona exchange is ordered, the court or a judge shall have judge in cases power, in addition to the powers already existing, of sale, etc., by with a view to avoiding expense or delay, or for other good reason, to authorise the same to be carried out :

(1) By laying proposals before the judge in cham- Proposals in bers for his sanction; or


(2) By proceedings altogether out of court, any Proceedings moneys produced thereby being paid into court or to out of court. trustees, or otherwise dealt with as the judge

in chambers may order: Provided always, that Proviso.
the judge shall not authorise the said proceed-
ings altogether out of court, unless and until he
is satisfied, by such evidence as he shall deem
sufficient, that all persons interested in the estate to be
sold, mortgaged, partitioned or exchanged are before
the court, or are bound by the order for sale, mortgage,
partition, or exchange, and every order authorising
the said proceedings altogether out of court shall be
prefaced by a declaration that the judge is so satisfied,
as aforesaid, and a statement of the evidence upon
which such declaration is made.

sold to best

8. Where a judgment or order is given or made, Property to be whether in court or chambers, directing any property purchaser. to be sold, unless otherwise ordered, the same shall be sold, with the approbation of the judge, to the best purchaser that can be got, the same to be allowed by the judge, and all proper parties shall join in the sale and conveyance as the judge shall direct.

9. Any mortgagee or mortgagor, whether legal or Mortgagor equitable, or any person entitled to or having property may take out

or mortgagee

originating summons for

subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may obtain an originating summons, returnable in chambers, for such relief of the nature or kind following as may by the summons be specified, and as the circumstances of the case may require, that is to say: Sale, foreclosure, delivery delivery, etc. of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee.

Sale, foreclosure,

Proper persons to be served.

Judge may direct service.

Application to be supported by evidence

10. The persons to be served with the said summons shall be such persons as under the existing practice would be the proper defendants to an action for the like relief as that specified by the summons.

11. The judge may direct such other persons to be served with the summons as he may think fit.

12. The application shall be supported by such evidence as the judge may require, and directions may and trial may be given as he may think just for the trial of any questions arising thereout.

be directed.

Form of originating


Judge may

give judgment

on summons.


directions by judge.

13. An originating summons shall be in the following form, and shall be sealed by the clerk:

In the Supreme Court, North-West Territories,

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14. It shall be lawful for the judge upon such summons to pronounce such judgment as the nature of the case may require.

15. The judge may give any special directions touching the carriage or execution of the judgment, or

the service thereof upon persons not parties, as he may think just.

order for

tion not

16. It shall not be obligatory on the court or judge Judgment or to pronounce or make a judgment or order, whether administra on summons or otherwise, for the administration of obligatory. any trust or of the estate of any deceased person, if the questions between the parties can be properly determined without such judgment or order.

for adminis

1. Upon an application for administration or Inapplications execution of trusts by a creditor or beneficiary under a tration etc., will, intestacy, or deed of trust, where no accounts or to judge to insufficient accounts have been rendered, the court or

a judge may, in addition to the powers already existing :

further powers

tion to stand


(1) Order that the application shall stand over for a Order applicacertain time, and that the executors, administrators, or over for trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings;

ment with

no proceedings

(2) When necessary, to prevent proceedings by other Make judgcreditors, or by persons beneficially interested, make proviso that the usual judgment or order for administration, with a taken without proviso that no proceedings are to be taken under leave of judge. such judgment or order without leave of the judge in


18. Any of the following applications may be Application made by originating summons :

may be made by originating


ment of new

(1) An application for the appointment of a new for appoint. trustee with or without a vesting or other consequen- trustee, tial order;

orders on

of new trustee.

(2) An application for vesting order or other order for vesting consequential on the appointment of a new trustee appointment whether the appointment is made by the court or a judge, or out of court.

Moneys paid

19. All moneys ordered to be paid into court shall, SO into court, soon as received by a clerk or other proper official, be de- how to be

paid out.

deposited and posited in one of the chartered banks of Canada to be named by the judge, the same to be placed to a special account and styled "Special Account;" each deposit to reap the benefit of such rate of interest as the bank in which the deposit is made may agree to be paid, to be from time to time added to the principal; and no moneys ordered to be paid out of court shall be withdrawn from the bank in which the same is deposited unless the cheque for withdrawal of the same is countersigned or initialed by the judge.

Ordinanc No.

5 of 1894 amended.

Section 27 amended.

Ordinance No. 7 of 1895 amended.

Section 13 mended.

Party may be represented on trial by advocate or agent.

Section 14 amended. Time for

administration may be extended by judge.

20. Ordinance No. 5 of 1894, intituled An Ordinarce to amend the Judicature Ordinance, is amended as follows:

Section 27 is amended by striking out the words or breach of contract."

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21. Ordinance No. 7 of 1895, intituled An Ordinance to further amend The Judicature Ordinance, is hereby amended as follows:

(1) Section 13 is amended by adding the following proviso:

"Provided further that either party may be represented on the trial in person by advocate or agent."

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(2) Section 14 is amended by inserting after the word " administration where it occurs the second time the words or such further time as on application a judge may allow”.

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