CHAPTER 11. An Act to amend "The County Courts Act." [Assented to March 24th, 1911.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Senior of other 1. Section 11 of chapter 38 of the Revised Statutes of Judge. Manitoba, 1902, intituled "The County Courts Act," is Precedence hereby amended by adding thereto the following words," and Judges. the senior judge shall be known and designated as the Senior Judge of any such district or division and each of the other judges therein, except the junior judge, shall be known and designated as a puisne judge of such district or division, and such puisne judges shall rank and take precedence among themselves according to seniority of appointment." 2. The following section shall be added after the said section 11: Judge to be of board of 11A. It shall be the duty of the Senior Judge of the Senior County Court of Winnipeg to arrange for and call together a chairman meeting of the board of County Court Judges whenever it Judges. may be necessary for the purposes mentioned in section 25 of this Act or section 52 of "The Manitoba Election Act," or for other lawful purposes, and he shall be the chairman of such meetings, and in his absence the other judges may elect one of their number to preside. notes of 3. Sub-section (a) added to section 117 of the said Act, Shorthand as re-enacted by section 2 of chapter 16 of 10 Edward VII, examination. is hereby amended by adding after the word "clerk," where such word first appears in the fourteenth line thereof, the words "or a stenographic reporter in his presence," and by order of adding after the word "note" in the twentieth line thereof required. the words "if the judge so orders." Judge amination as 4. Sub-section (c), added to said section 117 by said Use of exsection 2 of chapter 16 of 10 Edward VII, is hereby amended as evidence. by inserting after the word "direct" in the seventh line thereof the words "the whole or ". Examinations for discovery may be before special examiners in cities. Transfer of action King's Bench. 5. Section 117 of the said Act, as amended by section 2 of chapter 16 of 10 Edward VII, is hereby further amended by adding thereto the following sub-section: (d) Whenever, under the preceding sub-section (a) or (b), an order may be made for the attendance of any person before the clerk of any of the County Courts of Winnipeg, Brandon, Portage la Prairie or St. Boniface for examination and production of documents for discovery, such order may, at the option of the applicant, require such attendance to be before a special examiner for the Court of King's Bench at the same city, to be nominated by the applicant, instead of before the said clerk, and in that case the said sub-sections shall be read as if the words "special examiner " were substituted for the word" clerk," except where it occurs in the second and fourth lines of sub-section (a). 6. There shall be added after section 123 of said Act the following section: 123A. In a case before any County Court, where the to Court of defence or counter claim of the defendant involves matters beyond the jurisdiction of the County Court, the judge may, on the application of any party to the proceeding, and upon such terms as to costs or otherwise as he deems proper, order that the whole proceeding be transferred from such County Court to the Court of King's Bench, and in such event the papers in such proceeding shall be transmitted by the clerk of the County Court to the proper officer of the Court of King's Bench in the judicial district in which such judge resides, and the action or proceeding shall thenceforth be continued and prosecuted in the Court of King's Bench as if it had been originally commenced therein. 7. This Act shall come into force on the day it is as sented to. CHAPTER 12. An Act to amend "The Court of Appeal Act" and His [Assented to March 10th, 1911.] IS MAJESTY, by and with the advice and consent of lows: substitution. 1. Section 43 of "The King's Bench Act," being chapter Repeal and 40 of the Revised Statutes of Manitoba, 1902, as re-enacted by section 11 of "The Court of Appeal Act," chapter 18 of 5 and 6 Edward VII, is hereby repealed and the following section substituted therefor: Judges to trials here 43. The Judges of the Court of King's Bench, or a major- King's ity of them, shall fix dates as often in every year as the due ence despatch of business and the public convenience may require take dury for the sitting of the Court of King's Bench in the respective after. judicial districts of the Province for the trial of causes, matters and issues which are to be tried with a jury and for the trials of criminal matters and proceedings before juries. Court of 2. Any Judge of the Court of King's Bench may, at the King's request of the Chief Justice of the Court of Appeal or, Bench in Judges ascase of his absence or illness, any two Judges of the Court of sisting in Appeal, sit as a member of the Court of Appeal at any sitting Appeal. of the Court of Appeal and take part in the hearing and decision of any appeal or matter coming before that Court, with all the powers, duties and rights of a Judge of the Court of appeal. CHAPTER 13. An Act to amend "The King's Bench Act." New legis lation substi tuted for Rules 450 and 451 of [Assented to March 24th, 1911.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Rules 450 and 451 of "The King's Bench Act," being chapter 40 of the Revised Statutes of Manitoba, 1902, are hereby repealed, sections 23 and 24 of the Act respecting "The King's arbitration and references, cited as "The Arbitration Act, 1911," passed at the present session of the Legislature of Manitoba, being enacted in lieu thereof. Bench Act." Also for Rules 773775. Effect of repeal of said rules. Construction of certain instruments. When Act in force. 2. Rules 773, 774 and 775 of "The King's Bench Act" aforesaid are hereby repealed, sections 12, 13, 14 and 15 of the said "Arbitration Act, 1911," being enacted in lieu thereof. 3. (1) The repeal of said rules shall not affect anything done or suffered, or any right acquired or duty imposed or liability incurred, before the coming into force of this Act, or the institution or prosecution to its termination of any legal proceeding or other remedy for ascertaining or enforcing any such liability, right or duty. (2) Any instrument referring to any enactment repealed by this Act shall be construed as referring to the corresponding section or sections of the said "Arbitration Act, 1911." 4. This Act shall come into force on the first day of November, 1911.. CHAPTER 14. An Act to amend "The King's Bench Act." [Assented to March 24th, 1911.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. "The King's Bench Act," being chapter 40 of the Revised Statutes of Manitoba, 1902, is hereby amended by adding to rule 579 the following sub-section: tended to (a) The same or similar relief may be given to any per- Relief exson claiming under the person who has made such improve- subsequent ments. This amendment shall be retroactive, but shall not purchasers. affect any pending litigation. 2. Rule 580 of the said Act is hereby amended by adding thereto the following sub-section: (a) This rule shall apply in case the defendant is a Relief under person claiming under the person who has made such im- Rule 580. provements; and this amendment shall be retroactive but shall not affect any pending litigation. 3. Rule 580A of the said Act, as enacted by section 13 of chapter 17 of 10 Edward VII, is hereby amended by adding thereto the following sub-section: (a) This rule shall be retroactive, but shall not affect Rule 580A any pending litigation. 4. Rule 585 of the said Act, as amended by section 12 of chapter 12 of 7 and 8 Edward VII, is hereby repealed and the following substituted therefor: made retroactive. defendants 585. Where there is one defendant only, or more defen- Proceedings dants than one, judgment may be signed by default against when some such as do not defend or whose defences may have been do not defend or struck out, without prejudice to the right of the plaintiff their deto proceed with the action against any other defendant or struck out. defendants, but it shall be lawful for the court or a judge fences are |