unless a judge of the Supreme Court has manifested his approval thereof by signing his initials to the order with or without any other words; and before approving the Supreme Court judge, if he sees occasion, may call for any of the papers in the cause, or if necessary require the solicitor who obtained the order, or his agent, to attend before him to give any explanation or information he may think necessary. local judge 45. Any person affected by a decision, judgment or order Appeal from of a local judge may appeal therefrom to the Supreme Court er banc in the same way within the same time and upon, the like notice and proceedings as an appeal is taken from a like decision, judgment or order of a judge of the Supreme Court to the said court en banc. APPEAL. where parties 46. No appeal shall lie from the decision of a District No appeal Court judge if before the decision is pronounced the parties agree to finality shall agree in writing signed by themselves or their solicitors judge's decision that his decision shall be final. of district Supreme Court 47. Any party to a cause or matter in a District Court Appeal to may, subject to the rules of court in that behalf, appeal to en banc the Supreme Court en banc from any judgment directed by a judge of a District Court to be entered at or after the trial or pursuant to the findings of a jury. decision of under rules of court, etc. 48. An appeal shall also lie to the Supreme Court en ban Appeals from at the instance of any party to a cause or matter from any district judges decision made by a judge of a District Court under any of the powers conferred upon him by any rules of court or any statute unless provision is therein made to the contrary; and from every decision or order made by a judge of a District Court under the provisions of the law relating to interpleader proceedings, the examination of debtor, attachment of debts and proceedings against garnishees; and from every decision or order made in any cause or matter disposing of any right or claim, providing always that the decision or order is in its nature final and not merely interlocutory; and providing further that there shall be no appeal from such judge as persona designata unless such appeal is expressly authorized by the statute giving jurisdiction. as to appeals 49. The provisions of Order XLI of The Judicature Or- Limitations, dinance shall relate to and govern proceedings in appeal from the District Courts in the same way and to the same extent as they relate and apply to appeals from judges of the Supreme Court as well with regard to the limitation of the jurisdiction in appeal as in other respects. Proceedings to be certified Where certain proceedings only to be certified Small debt procedure District judge's criminal court 50. The District Court judge shall at the request of the appellant certify under his hand to the proper officer of the Supreme Court the pleadings in the cause and all motions, rules or orders made, granted or refused therein, together with the judge's charge (if any), and the judgment or decision on the same, and where trial has been had the evidence, all objections and exceptions thereto, and all other papers in the cause affecting the question raised by the appeal. 51. In appeals under section 48 the judge shall only be required under the next preceding section to certify the motions, rules, orders, affidavits, evidence and other materials, necessary for the full understanding of the matter in appeal together with his judgment or decision on the same. SMALL DEBT PROCEDURE. 52. The small debt procedure set out in Order XLVII of The Judicature Ordinance, being Part III thereof, and the forms and small debt tariff in the schedule to the said ordinance in such order referred to shall mutatis mutandis, apply to claims under $100 in the District Courts; and all causes and matters pending under such small debt procedure in the Supreme Court of the North-West Territories at the time of the coming into force of this Act may, notwithstanding that they were commenced in the said Supreme Court of the North-West Territories, be continued in the District Court. of the district from which the summons originally issued in the same way as though they had been commenced in such District Court under the provisions of this Act, and the judges of the District Courts respectively shall hear and determine such causes and matters, and executions and any proceedings in aid of execution which under the rules of court or otherwise may be taken in relation to small debt cases may be issued and taken out of the said District Courts respectively with respect to the same, and all moneys in court in any small debt cases so transferred shall be transferred to and shall be moneys in the District Court to which such cases are transferred herewith in the actions or matters in which such moneys are in court: Provided that the Lieutenant Governor in Council or the judges of the Supreme Court upon request of the Lieutenant Governor in Council may repeal, alter or amend the said procedure in small debt cases and the forms and tariff of costs and fees relative thereto or any of them. DISTRICT JUDGE'S CRIMINAL COURT. 53. The judge of every District Court, or any judge of the Supreme Court performing the duties of a District Court judge in any district is constituted a Court of Record for the trial at any time and without a jury of any person committed to gaol on the charge of being guilty of any offence for which such person may be tried at a court of general sessions of the peace, and for which the person so committed consents to be tried by such judge and without a jury; and the court so constituted shall have the powers and duties which Part LIV of The Criminal Code 1892 purports to give to the courts therein mentioned, so far as the Legislature of this province can confer the same. 54. The court constituted by the preceding section shall Name of court be called "The District Judge's Criminal Court" of the district in which the same is held. 55. It shall be the duty of the clerks of the District Courts Duties of clerks respectively, or until the same are appointed the clerks of the Supreme Court in the several districts respectively, to issue all process, record verdicts, judgments and proceedings of the said district judges' criminal courts, file convictions and orders of record and perform all ministerial acts whatsoever necessary to give effect to the decisions of the said courts; and the said clerks respectively are hereby authorized and empowered to take and administer, and cause to be taken and administered, oaths, declarations, and affirmations respecting the service, verification or attestation of any process of the said courts, or respecting any other matter or thing arising out of or incident to any proceeding in the said courts. GENERAL. Governor in 56. The Lieutenant Governor in Council may make such Lieutenant rules and regulations and prescribe such forms as may be council may found necessary or expedient to effectuate the working of this make rules Act. 57. This Act shall come into force upon proclamation. Act to come into force on proclamation 6 Ed. VII. chap. 1, amended C.O., chap. 2, amended Prorogation 1907 CHAPTER 5. An Act to Amend the Statute Law. (Assented to March 15, 1907.) HIS MAJESTY, by nd with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. Subsection 10 of section 7 of The Interpretation Aci is amended by adding thereto the following proviso: Provided that where in any law, statute or ordinance in force in the province the expression Territories' or 'NorthWest Territories' is used and by reason of the formation of the Provinces of Alberta and Saskatchewan it would be necessary in order to effect the purpose of such law, statute or ordinance within the province to construe the said words "Territories' or 'North-West Territories' in such law, statute or ordinance to mean and to refer to the Province of Alberta, the said words shall be so construed and shall mean and since the first day of September, 1905, shall be taken to have meant the Province of Alberta." 2. Section 1 of the Ordinance respecting the Legislative Assembly of the Territories is amended by adding thereto the following subsection: "(2) It shall not be necessary for the Lieutenant Governor of Legislature; in proroguing the Legislature to name any day to which the formal proclamation unnecessary Deductions same is prorogued; nor to issue a formal proclamation for a meeting of the Legislature where it is not intended that the Legislature shall meet for the despatch of business." (2) The proviso contained in section 15 of the said Ordinance is struck out, and the following is substituted therefor: "Provided always that a deduction at the rate of $10 per from sessional day shall be made from the said sessional allowance for every day over and above five days on which a sitting of the Assembly is held, and on which the member does not attend such sitting or a meeting of some committee thereof: indemnity Proviso in case of illness "Provided further that unless illness certified to by a qualified medical practitioner be the cause of absence and except in the cases provided for in section 17 hereof the sessional allowance of a member who does not attend sittings of the Assembly or meetings of some committee thereof on at least one half of the total number of sitting days in any session shall be $10 for each day of attendance and no more." (3) Section 8 of chapter 2 of the Ordinances of 1903 (2nd) session) being an ordinance to amend the Ordinance respecting the Legislative Assembly of the Territories, is amended by adding thereto the following: "nor to any commissioner appointed under the provisions of the Ordinance respecting Inquiries concerning Public Matters." 3. Section 11 of The Public Service Act is repealed. 6 Ed. VII, chap. 4, (2) Subsection 2 of section 22 of The Public Service Act amended is repealed. amended 4. Section 39 of The Public Works Act is amended by add- 6 Ed. VII, ing after the word "arbitration" at the end of the sixth line chap. 10; of subsection 2 thereof the words "shall be to two arbitrators, one to be appointed by the claimant and one by the Minister of Public Works and," and by adding after the word "shall" in the seventh line of the said subsection the word "otherwise." chap. 17, deputy sheriffs 5. Subsection 2 of section 2 of The Sheriffs Act is amended 6 Edward VII, by striking out the words "and a deputy sheriff" where they amended occur in the second and third lines thereof; and by striking out all the words after the word "law" in the seventh line thereof, and by adding thereto the following subsections: "(2) Whenever it appears that the convenience of the public Appointment of so requires the Lieutenant Governor in Council may appoint deputy sheriffs who shall have jurisdiction either for the judicial district wherein they are appointed, or any such portion thereof as may be designated by the order appointing them, or any subsequent or other order, and who shall be entitled to receive such remuneration either by salary or by a proportion of the fees payable to sheriffs under any law as may be so designated, and such deputy sheriffs shall within their respective districts have and exercise all powers, duties and obligations obligations which may now be exercised or performed by the sheriff of any of the judicial districts in the province, and in respect of mesne and final process intended to affect real or personal property situated within the districts of any of the said deputy sheriffs, such deputy sheriffs shall have and perform all the powers, duties and obligations of the sheriff of his judicial district, and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial district, and such deputy sheriffs shall have and use a duplicate of the seal of the sheriffs of their respective judicial districts, and keep such books as are kept by sheriffs, and the Lieutenant Governor in Council may from time to time fix and determine the amount and form of security to be given by every such deputy sheriff." Lieut.-Gov. "(3) The Lieutenant Governor in Council may by order in Council may settle and adjust any questions, disputes or matters arising arising in adjust matters |