Officers may administer oaths, etc. Sittings of court Court en banc Chief Justice to preside Jurisdiction Judge of first instance not to reviewing his verdict or decision assistants as the business of the court may from time to time require, and may designate such officers, clerks and assistants by appropriate names, specify their duties and fix their remuneration. 28. Any officer of the court shall, for the purposes of any proceedings directed by the court to be taken before him, have full power to administer oaths, to take affidavits, to receive. affirmations, and to examine witnesses and parties as the court may direct. SITTINGS OF COURT. 29. The court shall hold its sittings and the judges thereof shall sit in chambers at such times and places as the Lieutenant Governor in Council from time to time by order appoints : Provided that a judge may hold a special sittings of court or chambers at such time and place as he may direct. COURT EN BANC. 30. The court shall sit en banc, at such times and places as the Lieutenant Governor in Council by order from time to time appoints, and three judges shall constitute a quorum. 31. The Chief Justice of the court when sitting shall preside over the court en banc, and in his absence the senior judge sitting shall preside. 32. The court sitting en banc shall have all the jurisdiction and powers possessed by the Supreme Court of the North-West Territories en banc immediately prior to the coming into force of this Act and shall have jurisdiction and power subject to the provisions of the rules of court to hear and determine all applications for new trials, all questions or issues of law, all questions of points in civil or criminal cases reserved for the opinion of the court, all appeals or motions in the nature of appeals respecting any judgment, order or decision of any judge of the Supreme Court (provided that the same shall not have been made as the judgment or decision of the court en banc) or respecting any judgment, order or decision of any judge of a court of inferior jurisdiction where an appeal is given by any other Act and all other petitions, motions, matters or things whatsoever which might lawfully be brought before any Divisional Court of the Supreme Court of Justice or the Court of Appeal in England. 33. Subject to the provisions of the next following section, on any motion, application or proceeding before the court en banc, the judge by or before whom the verdict then in question was rendered, or by whom the judgment, order or decision, then being appealed against or reviewed, was rendered or pronounced at a previous proceeding in the same cause or provisions of preceding 34. Although the provisions of the preceding section and of Exception to section 30 shall in general be followed and complied with, yet, last two in exceptional cases and for special reasons, the court may, up- sections on special order of the court, or of any two judges thereof, on and for the purpose of any rehearing, appeal, application or motion, be composed of two judges only, of whom one may be the judge by or before whom any verdict then in question was rendered, or by or before whom any order or decision then being appealed from or reviewed was rendered or pronounced, or by whom the cause then being reheard was determined. dies, resigns, judges if unanimous may 35. In case after a cause or matter in the court has been If one judge heard by three or more judges thereof and stands for judg- &c.. remaining ment, one of the judges by whom the said cause or matter was heard is transferred to the Supreme Court of Canada or give judgment to any other Court of Justice, resigns his office, dies or is absent through illness or other cause, the remaining judges may give judgment as if such judge were still a judge of the court and were present and taking part in such judgment, if unanimous in their decision, or if the judgment of such dead or absent judge, if given, could not affect the result. MISCELLANEOUS. of Judicature 36. The provisions of The Judicature Ordinance and all Provisions amendments thereto shall, save where provision is made in Ordinance to this Act to the contrary or in substitution therefor, apply apply mutatis mutandis to the court and to officers thereof, as well with regard to the rules of law according to which law and equity are to be administered in the court as to other matters therein contained: Provided however that the provisions of the said Judicature Ordinance contained in Part III thereof and known as the Small Debt Procedure shall not apply to the court 37. Sheriffs, deputy sheriffs, gaolers, constables and other Sheriffs, etc.. peace officers shall aid, assist and obey the court and the to assist court judges thereof respectively in the exercise of the jurisdiction. conferred by this Act. Criminal procedure not affected Transfer of causes in of North-West Territories 38. Nothing in this Act shall be deemed to be intended to affect the procedure in criminal matters; or any other matter which by law is not within the cognizance of the Legislature of the province. 39. The Supreme Court of the North-West Territories shall Supreme Court be superseded within the province by the court established by this Act, and for all purposes affecting or extending to the province the said Supreme Court of the North-West Territories is abolished, but nevertheless all causes, matters and things except those to which the Small Debt Procedure of The Judicature Ordinance applies pending in the Supreme Court of the North-West Territories in the province and all proceedings taken therein, and all writs of summons or of execution and all other writs and process issued out of the Supreme Court of the North-West Territories prior to the coming into. force of this Act as well as all moneys paid into the said Supreme Court of the North-West Territories in any such cause, action or matter are transferred to and shall be deemed and taken to be causes, matters and things pending proceedings taken and writs and process issued in and out of the court by this Act established, and may be treated and carried on and final process thereon may be issued as if such causes, matters, things, proceedings and process had been commenced or issued respectively in or out of the court hereby established and the said moneys as transferred shall be deemed and taken to be moneys in the court hereby established in the cause, action or matter respectively in which they have been paid into the said Supreme Court of the North-West Territories: Act to come into force on proclamation Provided however that notwithstanding anything in this Act contained the scale of costs and fees under The Judicature Ordinance shall govern in respect to cases pending in the Supreme Court of the North-West Territories at the date. of the coming into force of this Act and continued as in this section provided in the court hereby established. 40. This Act shall come into force upon proclamation. 1907 CHAPTER 4. An Act respecting the District Courts. (Assented to February 11, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as the "District Courts Act." INTERPRETATION. Short title 2. In the construction of this Act, unless there is anything Interpretation in the subject or context repugnant thereto, the several words hereinafter mentioned shall have or include the meanings following, that is to say: (a) The expression "Judge" or "District Court Judge" Judge (c) The expression "cause" shall include any action, Cause suit (d) "Action" or "suit" shall mean a civil proceed- Action or (e) "Matter" shall include every proceeding in any Dis- Matter (f) "Order" shall include rule; Order (g) The expression "person means any person, whether Person (h) The expression "party" means a party to a suit, Party or corporate, and every person served with notice of Plaintiff Defendant Process Rules of court Judgment Real estate or attending any proceeding, although not named on record; (i) The expression "plaintiff " shall include every person asking for any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons or otherwise; (j) The expression "defendant" shall include every person served with any writ, or summons, or process, or served with notice of or entitled to attend any proceedings; (k) The expression "process means any summons, writ or warrant issued under the seal of the court, or a judge's summons or order; (1) The expression "Rules of Court" shall include forms; (m) The expression "judgment" shall mean and include every judgment, decree, and order in any cause; (n) The expression "real estate" or "lands" shall extend to and mean lands, messuages, mines, and all other hereditaments whatsoever. Formation of courts FORMATION OF COURTS. 3. There shall be in every judicial district in the province a Court of Record to be styled The District Court of the District of (as the case may be). SEAL OF COURTS. Seal 4. Each of the said courts shall have and use as occasion may require a seal bearing a device and impression of His Majesty's Royal Arms with a label surrounding the same with this inscription: "The seal of the District Court of the District of Calgary" (or as the case may be). JUDGES. Judges Additional judges 5. Each court shall be presided over by a judge to be known by the name and style of the judge of the District Court for which he has been appointed. 6. Where it is deemed necessary an additional judge or additional judges may be appointed for any District Court, and in such case each of the judges so appointed to any District Court shall have jurisdiction therein. |