1903 CHAPTER 8 An Ordinance to amend Chapter 21 of The Consoli- THES [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Order XXVI of the Rules of Court of The Judicature New rule 287b Ordinance as amended by section 2 of chapter 5 of the Ordinances of 1902 is hereby further amended by adding after rule 287a the following rule: reporters "287b. The Lieutenant Governor in Council may appoint Shorthand one or more official shorthand writers for the purpose of taking and reporting the evidence at trials and may fix their remuneration. (2) Every such reporter shall be an officer of the court and (3) Every such reporter shall take the following oath before (4) Any copy of the evidence or any portion thereof certified amiended 2. Rule 397 of the said Rules of Court is hereby amended Rule 307 by adding thereto the following subrule: "(2) If the said amount of $25 or any portion thereof is paid into Court it shall not be necessary for the debtor to claim the same but he shall be entitled to have it paid out to him at any time on application to the clerk but in the event of no such application being made until the expiration of two months after such payment in or after judgment is recovered against the debtor whichever is later the judgment creditor shall be entitled on application to the judge to have the said New rule 432 Sheriff's claim to be in writing Notice to and creditor sum or so much thereof as may be sufficient to satisfy his judgment paid out to him." 3. Rule 432 of the said Rules of Court is hereby repealed and the following substituted therefor: "432. Where a claim is made to or in respect of any goods or interpleader chattels taken in execution under the process of the Court it shall be in writing and upon the receipt of the claim the sheriff by execution or his officer shall forthwith give notice in writing thereof to the execution creditor and the execution creditor shall within four days after receiving the notice give notice in writing to the sheriff or his officer that he admits or disputes the claim. If the execution creditor admits the title of the claimant and gives such notice he shall only be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim." Rule 469 amended Rule 510 amended Rule 536 amended Rule 558 amended Rule 570 amended Rule 597 amended 4. Rule 469 of the said Rules of Court is hereby amended by adding thereto the following subrule: "(2) The application for an originating summons shall be supported by an affidavit of the plaintiff or some other person conversant with the facts verifying the facts on which the plaintiff's claim is based." 5. Rule 510 of the said Rules of Court is hereby amended by striking out all of the said rule after the words "think fit" where they occur therein. 6. Rule 536 of the said Rules of Court is hereby amended by striking out all of the said rule after the word "otherwise" where it last occurs therein. 7. Paragraph 1 of rule 558 of the said Rules of Court is hereby amended by inserting after the word "estate" where it first occurs therein the words "except in the case of the appointment of the public administrator and official guardian.' 8. Rule 570 of the said Rules of Court is hereby amended by inserting after the word "Court" where it first occurs therein the words "except in the case of the appointment of the public administrator and official guardian.” 9. Rule 597 of the said Rules of Court is hereby amended by striking out all the said rule including the subrule (2) after the word "accounts" where it lastly occurs therein and substituting therefor the following: "(2) Upon the passing of the accounts the judge may give such directions as to the remuneration of the administrator, the payment of debts or charges, and the distribution of the assets as to him may seem meet, and may direct the payment into Court of any moneys to which any person under the age of twenty-one years or any person outside of the Territories is entitled." 1903 CHAPTER 9 An Ordinance to amend Chapter 12 of the Ordinances of 1901 intituled "An Ordinance respecting the Confirmation of Sales of Land for Taxes." THE [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: amended 1. Section 2 of An Ordinance respecting the Confirmation Section 2 of Sales of Land for Taxes is hereby amended: 1. By striking out the word "for" where it occurs therein and substituting therefor the word " of "; 2. By adding thereto the following subsection: "(2) Upon the return of any summons granted under the provisions of section 1 if it is made to appear to the judge that any person who is entitled and desires to redeem the said land has been unable to do so because of his inability to ascertain the proper amount to be paid to redeem the said land the judge may adjourn the hearing of the said application and may order an account to be taken or may give such other directions as to him shall seem meet." Section 1 amended Section 3 amended New sections Duration of commission tion of 1903 CHAPTER 10 An Ordinance to amend Chapter 25 of The Consolidated Ordinances 1898 intituled "An Ordinance respecting Notaries Public." [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Section 1 of An Ordinance respecting Notaries Public is hereby amended by inserting after the word "be" where it lastly occurs therein the words "British subjects." 2. Section 3 of the said Ordinance is hereby amended by adding thereto the following words "or such less sum as may be fixed by the Lieutenant Governor in Council." 3. The said Ordinance is hereby amended by adding thereto the following sections: "4. Every commission issued under section 1 of this Ordinance unless issued to an advocate of the North-West Territories and unless it is sooner revoked shall if the same has been issued before the passing of this Ordinance expire on the 31st day of December 1905 and shall if the same is issued after the passing of this Ordinance expire at the expiration of two years from the 31st day of December of the year in which it is issued. Date of expira- 5. Any notary public whose commission expires under the commission to terms of the next preceding section shall write or stamp on every affidavit, declaration or other certificate taken or given by him the date on which such commission expires. be noted on certificate "(2) Any notary public failing to comply with the provisions of this section shall be liable on summary conviction to a fine not exceeding $10 and costs." 1908 CHAPTER 11 An Ordinance further to amend Chapter 46 of The [Assented to April 25, 1903.] THER HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Section 11 of The Marriage Ordinance is hereby amended Section 11 by adding thereto the following subsection. amended. pensed with. "(1) Any female over the age of eighteen years who is living Consent disapart from her parents or guardians and earning her own livelihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts constituting such excuse shall be set forth in the affidavit required by section 9 hereof." ,, amended. 2. Form B in the schedule to the said Ordinance is hereby Form B amended by striking out the words "widower" and "widow where they occur therein and substituting therefor the words. "as the case may be." stituted for At 3. The said Ordinance and the forms in the schedule Territorial thereto are hereby amended by striking out the words Secretary sub"Attorney General" where they occur therein and substituting torney General therefor the words "Territorial Secretary." ed by Attorney 4. All marriage licences heretofore signed by the Attorney Licences signGeneral shall be and remain valid notwithstanding that the General to resame may not be issued until after the coming into force of main valid. this Ordinance. |