New section 40 Transmission of evidence New section 41 Judgment on appeal "Provided that upon application to the judge, either before or after the time limited for filing not of appeal, the judge may in his discretion extend he time for filing such notice." 5. Section 40 is repealed and the following substituted therefor: "40. The justice shall before the time when the appeal from such judgment may be heard, transmit the evidence taken by him at the trial together with all documents in his possession connected with the case, certified under his hand, to the clerk of the court to which the appeal is made, to be kept among the records of the court. "(2) Upon the failure or refusal of the justice to comply with the foregoing provision within the time above limited, the judge the court appealed to may order that the evidence and all documents connected with the case be transmitted as aforesaid within the time limited in the order, and if the said order is not complied with the justice shall be liable for contempt as in the case of disobedience to any other order of the court." 6. Section 41 is repealed and the following substituted therefor: "41. When such appeal has been lodged in due form, the court to which the appeal is made shall hear and determine the matter of the appeal and shall be the absolute judge as well of the facts as of the law respecting the matter in appeal, and may make such order with or without costs to either party, including costs of the court below, as may seem meet. "(2) Any of the parties to the appeal may call witnesses and adduce evidence, whether such witnesses were called or evidence adduced on the trial of the cause before the justice or not. "(3) Upon the consent of both parties the evidence taken before the justice at the hearing below, certified by the justice, may be read, and in such case the appeal shall be decided solely upon that evidence. "(4) The evidence of any witness taken by the justice at the hearing below, certified by the justice, may be read on such appeal and shall have the like force and effect as if the witness was there examined, if the court appealed to is satisfied by affidavit or otherwise that the personal attendance of the witness cannot be obtained. by any reasonable efforts." 7. Sections 43 and 44 are repealed. 8. The following sections are added to the Act: Repeal New sections 49 and 50 to set aside "49. Either party to an action commenced under Application this Act may, within six months after the date of pro- judgment nouncement of judgment by the justice, provided that he has not appealed as herein before provided, apply by notice of motion to the judge of the district court of the judicial district in which such cause was tried, to set aside the said judgment upon the ground that the subject matter of the action was in excess of the jurisdiction of such justice, or that the said judgment was otherwise bad in law, and thereupon the judge may set aside such judgment on such terms as to costs and otherwise as may be just." The Criminal "50. The provisions of part XV of The Criminal Part XV of Code as to appeals from summary convictions shall not Code not to apply to appeals under this Act." apply CHAPTER 61 An Act to amend An Act relating to the Transfer of Writs of Execution to New Judicial Districts. [Assented to December 19, 1919.] HIS Majesty, by and with the advice and consent, of the Legislative Assembly of Saskatchewan, enacts as follows: repealed 1. The preamble to "An Act relating to the Transfer Preamble of Writs of Execution to New Judicial Districts," being chapter 35 of the statutes of 1913, is repealed. 2. Section 4 of the said Act is repealed and the follow- New section 4 ing substituted therefor: "4. This Act shall, with respect to the transfer of writs of execution to the sheriff of any judicial district hitherto constituted under an order of the Lieutenant Governor in Council, the execution of such writs, the distribution of the moneys realised thereunder, the judgments or orders under which such writs were issued, and all other matters and proceedings connected therewith or pertaining thereto, be deemed to be and have been in force and effect on, from and after the date when such district was constituted." |