Application to register judgment.

Notice of application.

Registration of judgment.

Bars to registration.

Enforcement in this Province of Judgments obtained in other
Provinces or Territories of the Dominion.

3. (1.) Where a judgment of any Superior, County, or District Court has been obtained outside this Province in any other Province or Territory of the Dominion to which this Act applies, the judg ment creditor, in case the sum payable under the judgment would have been within the jurisdiction of a County Court if action therefor were brought in this Province, may apply to any County Court in this Province, or in that or any other case may apply to the Supreme Court of this Province at any time within six years after the date of the judgment to have the judgment registered in that Court, and on any such application the Court may, subject to the provisions of this Act, order the judgment to be registered accordingly.

(2.) Reasonable notice of the application shall be given to the judgment debtor in all cases in which he was not personally served with process in the original action and did not appear or defend or otherwise submit to the jurisdiction of the original Court. In all other cases the order may be made ex parte.

(3.) The judgment may be registered by filing with the Registrar of the registering Court an exemplification or a certified copy of the judgment, together with the order for such registration, whereupon the same shall be entered as a judgment of the registering Court.

4. No judgment shall be ordered to be registered under this Act if it is shown to the registering Court that:

(a.) The original Court acted without jurisdiction; or
(b.) The judgment debtor, being a person who was neither
carrying on business nor ordinarily resident within the
jurisdiction of the original Court, did not voluntarily
appear or defend or otherwise submit during the proceed-
ings to the jurisdiction of that Court; or

(c.) The judgment debtor, being the defendant in the proceed-
ings, was not duly served with the process of the original
Court and did not appear, notwithstanding that he was
ordinarily resident or was carrying on business within the
jurisdiction of that Court or agreed to submit to the juris-
diction of that Court; or

(d.) The judgment was obtained by fraud; or

(e.) An appeal is pending, or the judgment debtor is entitled
and intends to appeal, against the judgment; or
(f.) The judgment was in respect of a cause of action which
for reasons of public policy or for some other similar
reason would not have been entertained by the registering
Court; or

(g.) The judgment debtor would have a good defence if an
action were brought on the original judgment.

Effect of

5. Where a judgment is registered under this Act:-
(a.) The judgment shall, as from the date of the registration, registration.
be of the same force and effect, and, subject to the provi-
sions of this Act, proceedings may be taken thereon, as if
it had been a judgment originally obtained or entered up
in the registering Court on the date of the registration:
(b.) The registering Court shall have the same control and juris-
diction over the judgment as it has over judgments given
by itself:

(c.) The reasonable costs of and incidental to the registration
of the judgment (including the costs of obtaining an exem-
plification or certified copy thereof from the original Court,
and of the application for registration) shall be recoverable
in like manner as if they were sums payable under the judg-
ment; such costs to be first taxed by the proper officer of the
registering Court, and his certificate thereof endorsed on
the order for registration.

registration.

6. In all cases in which registration is made upon an ex parte Notice of order, notice thereof shall be given to the judgment debtor within one month after such registration, or such further period as the Court may allow. Such notice shall be served in the manner provided by the practice of the registering Court for service of writs of process or of notice of proceedings. No sale under the judgment of any property of the judgment debtor shall be valid if made prior to the expiration of the period fixed by section 7 or such further period as the Court may order.

registration.

7. In all cases in which registration is made upon an ex parte Setting-aside of order, the registering Court may on the application of the judgment debtor set aside the registration upon such terms as the Court may think fit. Such application shall be made within one month after the judgment debtor has notice of the registration, and the applicant shall be entitled to have the registration set aside upon any of the grounds mentioned in section 4.

Rules of Court.

8. Rules of Court may be made for regulating the practice and Power to make procedure (including costs) in respect of proceedings of any kind. under this Act.

9. (1.) Where the Lieutenant-Governor is satisfied that reciprocal Reciprocal applicaprovision has been or will be made by any other Province or Terri- tion of Act. tory of the Dominion for the enforcement within that Province or Territory of judgments obtained in the Supreme Court or in any County Court of this Province, the Lieutenant-Governor may, by Order in Council, direct that this Act shall apply to that Province or Territory, and thereupon this Act shall apply accordingly.

Saving clause.

Uniform construction of Act.

(2.) An Order in Council under this section may be varied or revoked by a subsequent Order.

10. Nothing herein contained shall deprive any judgment creditor of the right to bring an action for the recovery of the amount of his judgment instead of proceeding under this Act.

11. This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those Provinces which enact it.

VICTORIA, B.C.:

Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty. 1925.

An Act to amend the "Court Rules of Practice Act." R.S.B.C. 1924,

H

[Assented to 19th December, 1925.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

c. 224.

1. This Act may be cited as the "Court Rules of Practice Act Short title. Amendment Act, 1925."

2. Section 3 of the "Court Rules of Practice Act," being chapter Re-enacts s. 3. 224 of the "Revised Statutes of British Columbia, 1924," is repealed,

and the following sections are substituted therefor:

"3. Notwithstanding anything in any Act contained, the Lieutenant-Governor in Council may from time to time, either by rules made under section 2 or by separate Order :

"(a.) Prescribe a scale of fees to be taken by the officers in such scale of fees mentioned for the duties and services performed by them:

"(b.) Fix and determine the fees and allowances to constables, jurors, witnesses (including witnesses for the Crown), and other persons in respect of the duties and services performed or attendances made by them in all or any of the Courts of the Province; and in the case of fees and allowances payable by the Crown may prescribe the mode of payment.

6

"4. (1.) Subject to subsection (4), the orders and rules made by Order of the Lieutenant-Governor in Council approved the eighth day of October, 1924, being The Court of Appeal Rules, 1924,' shall regulate the procedure and practice in the Court of Appeal in the matters therein provided for.

"(2.) Subject to subsection (4), the orders and rules and their appendix made by Order of the Lieutenant-Governor in Council

approved the twenty-third day of December, 1924, being the Probate Rules, 1925,' with the amendments thereto, shall regulate the procedure and practice in the Supreme Court and in every County Court in the matters therein provided for.

"(3.) Subject to subsections (4) and (5), the orders and rules and their appendices, intituled Supreme Court Rules, 1925,' made by Order of the Lieutenant-Governor in Council approved the twentyfifth day of August, 1925, and the orders and rules and their appendices made by further Order of the Lieutenant-Governor in Council approved on the said twenty-fifth day of August, 1925, being the 'Divorce Rules, 1925,' shall respectively regulate the procedure and practice in the Supreme Court in the matters therein provided for. "(4.) The said orders and rules and their appendices referred to in subsections (1) to (3), except Schedules Nos. 4, 5, and 6 of Appendix M, and Appendix N of the said Supreme Court Rules, 1925,' may be altered, added to, varied, amended, or repealed, and other orders and rules and appendices may be substituted therefor by the Lieutenant-Governor in Council as by this or any other Act is provided.

"(5.) Notwithstanding anything contained in the Supreme Court Act' or in this Act, the taxation of costs as between party and party or solicitor and client shall be governed by, and the Registrar in any taxation of costs shall allow all such costs, fees, charges, and disbursements as are prescribed in Schedules Nos. 4, 5, and 6 of Appendix M, and Appendix N of the said 'Supreme Court Rules, 1925,' or in any tariff in amendment thereof or substitution therefor prepared and approved from time to time by Judges of the Supreme Court."

VICTORIA, B.C.:

Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty.

1925.