1907 5. The Court of Probate; 6. The Court created by Commissioners of Assize and Oyer and Terminer and of Gaol Delivery, or any of such Commissions. (2) The jurisdiction aforesaid shall include the jurisdiction which, at the commencement of this Act, was vested in or capable of being exercised by all or any one or more of the judges of the said courts, respectively, sitting in court or chambers, or elsewhere, when acting as judges or a judge in pursuance of any statute, law or custom; and all powers given to any such court, or to any judges or judge, by any statute; and also all ministerial powers, duties and authorities, incident to any and every part of the jurisdiction so conferred. doubts as to 10. For the purpose of removing doubts and ambiguity but Removal of not so as to restrict the generality of the next preceding sec-jurisdiction tion, it is declared and enacted that the court shall have the like jurisdiction and powers as by the laws of England were, on the fifteenth day of July in the year one thousand eight hundred and seventy, possessed and exercised by the Court of Chancery in England in respect of the matters hereinafter enumerated or referred to, that is to say: (a) Fraud, mistake and accident: (b) In all matters relating to trusts, executors and ad- (c) The staying of waste; Fraud and accident Trusts, &c. Waste (d) The compelling of the specific performance of agree- Specific performance (e) The compelling of the discovery of concealed papers Discovery (f) The preventing of multiplicity of actions or suits; Multiplicity of actions (g) The decreeing of the issue of letters patent from the Decreeing issue Crown to rightful claimants; of letters patent (h) The decreeing of the repeal and of the making void Avoiding letters (i) The administration of justice in all cases in which Powers in cases not provided for staying waste (j) The granting of injunctions to stay waste in a Injunction rules of 11. The rules of decision in the said matters in the last Equitable preceding section mentioned shall, except where otherwise decision to provided, be the same as governed the Court of Chancery in govern Relief against forfeiture for breach of covenant to insure in certain cases When relief is granted, same England in like cases on the fifteenth day of July, one thousand eight hundred and seventy. 12. The court shall have power to relieve against a forfeiture for breach of a covenant or condition in any lease to insure against loss or damage by fire, where no loss or damage by fire has happened, and the breach has in the opinion of the court been committed through accident or mistake, or otherwise without fraud or gross negligence, and there is an insurance on foot at the time of the application to the court in conformity with the covenant to insure, upon such terms as to the court may seem fit. 13. The court where relief is granted shall direct a record to be recorded of such relief having been granted to be made by indorsement on the lease or otherwise. To what leases preceding provisions apply Relief against consequences of nonpayment of principal or interest by mortgagor Jurisdiction in alimony Injunction may be granted in alimony cases Registration of judgment for alimony 14. The preceding two sections shall be applicable in the case of lenses for a term of years absolute, or determinable on a life or lives or otherwise, and also in the case of a lease for the life of the lessee or the life or lives of any other person or persons. 15. The court shall have jurisdiction to grant and shall grant relief from the consequences of nonpayment of principal or interest by a mortgagor in any case in which the mortgagor, his heirs or assigns, shall pay all the arrears due under the mortgage with lawful costs and charges in that behalf at any time before any judgment in the premises is recovered or within such time as by the practice of the court relief therein could be obtained. 16. The court shall have jurisdiction to grant alimony to any wife who would be entitled to alimony by the law of England, or to any wife who would be entitled by the law of England to a divorce and to alimony as incident thereto, or to any wife whose husband lives separate from her without any sufficient cause and under circumstances which would · entitle her, by the law of England, to a decree for restitution. of conjugal rights; and alimony when granted shall continue until further order of the court. (2) In any action for alimony the court may, whenever such a course appears to it to be proper, and either before or after judgment, grant an injunction for such time and upon such terms as may be just to prevent any apprehended disposition of his property, either real or personal or both, by the defendant therein. 17. An order or judgment for alimony may be registered in any land titles office and the registration shall, so long as the order or judgment registered remains in force, bind the estate and interest of every description which the defendant has in any lands in the land titles district where the registration is made, and operate thereon in the same manner, and with the same effect, as the registration of a charge by the defendant of a life annuity on his lands. conversation 18. The court shall have jurisdiction to entertain an action Criminal for criminal conversation. The law applicable to such actions shall be as the same was in England prior to the abolition of such action in England; and the practice shall be the same as in other actions in the court, so far as it is applicable. effect of 19. In every case in which the court has authority to order Vesting order the execution of a deed, conveyance, transfer or assignment of any property, real or personal, the court may by order vest such real or personal estate in such person or persons, and in such manner, and for such estates, as would be done by any such deed, conveyance, assignment or transfer if executed; and thereupon the order shall have the same effect as if the legal or other estate or interest in the property had been actually conveyed, by deed or otherwise, for the same estate or interest, to the person in whom the same is so ordered to be vested, or in the case of a chose in action, as if such chose in action had been actually assigned to such last mentioned person. sales of settled estates, etc, 20. The court shall have the same jurisdiction as the Court Leases of Chancery had in England on the fifteenth day of July of the year one thousand eight hundred and seventy in regard to leases and sales of settled estates, and in regard to enabling infants with the approbation of the court to make binding settlements of their real and personal estate on marriage; and in regard to questions submitted for the opinion of the court in the form of special cases on the part of such persons as may by themselves, their committees or guardians, or otherwise, concur therein. of married women (a) The examination of a married woman apart from her Examination infants (b) Infants and persons of unsound mind (not so found) Service of the said public administrator or any other guardian appointed by the court for the infant or person of unsound mind, shall take all such proceedings as he may think necessary for the protection of the interests of the infant or person of unsound mind in the proceedings in which he is so appointed guardian; (c) In case there be more than one infant or person of unsound mind (not so found) for whom service is made on the public administrator, one copy only of the petition or other proceeding need be so served, but the name of each person on whose behalf the public administrator is served is to be stated on the copy served; (d) Money realized from the sale or leasing of any settled estate, or any interest therein, shall be paid, applied or invested as the court or a judge shall direct. 21. The court shall have jurisdiction to try the validity of last wills and testaments, whether the same respect real or personal estate, and whether probate of the will has been granted or not, and to pronounce such wills and testaments to be void for fraud and undue influence or otherwise, in the same manner and to the same extent as the court has jurisdic tion to try the validity of deeds and other instruments. 22. The court shall have, generally, all the jurisdiction. powers and authority which prior to the coming into force of this Act was by any law, order or regulation vested in or capable of being exercised by the Supreme Court of the NorthWest Territories within the province; and where in any statute, act or ordinance or in any order or regulation made thereunder reference is made to the Supreme Court of the North-West Territories, or to any court which may after the passing of such statute, act or ordinance be constituted, exercising within the province the jurisdiction, powers and authority at the date of the passing of such statute, act or ordinance exercised therein by the Supreme Court of the NorthWest Territories, or to any judge thereof, such reference shall, after the coming into force of this Act, be taken to mean and to refer to the court by this Act established and a judge of such court respectively. 23. The jurisdiction of the court shall be exercised so far as regards procedure and practice in the manner provided by this Act or by rules and orders of the court made pursuant to this Act. RULES OF COURT. 24. The Lieutenant Governor in Council may from time to time make and authorize the promulgation of rules of court governing the practice and procedure in the court, the duties of the officers thereof, the costs of the proceedings therein, and the fees to be taken by officers of the court, and may alter and annul any rules of court or tariff of costs or fees for the time being in force whether the same be included in The Judicature Ordinance or any amendments thereto or in any rules made by the judges of the Supreme Court of the North-West Territories pursuant to the powers granted to them in relation thereto or otherwise, and may make any further and additional rules for carrying this Act into effect, or may authorize the judges of the court to make and promulgate such rules. tariffs or to alter and annul any of such rules or tariffs or make additional rules, as herein before mentioned; but until such rules are so made and promulgated, or such tariffs of fees and costs so brought into force, the rules, practice and procedure and the tariff of costs upon the higher scale of the Supreme Court of the North-West Territories shall be the rules, practice and procedure in the said Court, and the tariff of costs to be allowed to solicitors and counsel therein; and the fees in the said rules of the Supreme Court of the North-West Territories prescribed to be taken by clerks and sheriffs in actions over $200 shall be the fees to be taken by clerks and sheriffs in proceedings in the court until so repealed or altered. CLERKS AND OTHER OFFICERS. other officers 25. The clerks, acting clerks and deputy clerks of the Clerks and Supreme Court of the North-West Territories in the several judicial districts, shall be and they are hereby appointed clerks, acting clerks and deputy clerks respectively of the court for such judicial districts respectively as they were before the passing of this Act appointed to as clerks, acting clerks and deputy clerks respectively of the said Supreme Court of the North-West Territories, during pleasure; and they shall perform in relation to the court hereby constituted all the functions and duties required by any law, order or regulation to be performed by the clerks, acting clerks and deputy clerks respectively of the court. OTHER OFFICERS. 26. All other officers and functionaries of the Supreme Other officers Court of the North-West Territories residing in the province shall be and they are hereby appointed during pleasure to be similar officers and functionaries of the court with the same duties and powers as they respectively exercised and enjoyed under any law, order or regulation with relation to the said. Supreme Court of the North-West Territories. 27. The Lieutenant Governor in Council may appoint a Appointment registrar of the court and such other officers, clerks and of officers |