said north boundary of the fortieth townships to the point where it is first intersected by the south bank of the North Saskatchewan river, thence along the said south bank of the North Saskatchewan river up stream to the point where it is again intersected by the north boundary of the fortieth township, thence westerly along the said north boundary of the fortieth townships to the western boundary of the province, thence southerly along the said western boundary to the north boundary of the twenty-sixth township, thence easterly along the said north boundary of the twenty-sixth townships to the point of commencement. Judicial district of Prince Albert bounded as follows: Commencing at the intersection of the eastern boundary of the province by the north boundary of the fortieth township, thence northerly along the said eastern boundary of the province to the northern boundary thereof, thence westerly along the said northern boundary to the meridian between the sixth and seventh ranges west of the third principal meridian, thence southerly along the said meridian between the said sixth and seventh ranges to the point where it is intersected by the south bank of the North Saskatchewan river, thence along the said south bank of the North Saskatchewan river up stream to the point where it is intersected by the north boundary of the fortieth township, thence easterly along the said north boundary of the fortieth townships to the point of commencement. Judicial district of Battleford bounded as follows: Commencing at the point where the meridian between the sixth and seventh ranges west of the third principal meridian is intersected by the south bank of the North Saskatchewan river, thence northerly along the said meridian between the sixth and seventh ranges to the northern boundary of the province, thence westerly along the said northern boundary to the western boundary of the province, thence southerly along the said western boundary to the north boundary of the fortieth township, thence easterly along the said north boundary of the fortieth townships to the point where it is intersected by the south bank of the North Saskatchewan river, thence along the said south bank of the North Saskatchewan river down stream to the point of commencement. CHAPTER 54 An Act respecting the Surrogate Courts. SHORT TITLE. 1. This Act may be cited as "The Surrogate Courts Act." Short title 1907, c. 10, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the Interpretaexpression: tion 1. "Will" shall include "testament" and all other testa- "w" mentary instruments of which probate may now be granted; tion" 2. "Administration" shall include all letters of administra- "Administration of the effects of deceased persons whether with or without the will annexed and whether granted for general, special or limited purposes; causes testa- 3. "Matters and causes testamentary" shall include all "Matters and matters and causes relating to the grant and revocation of mentary" probate of wills or letters of administration; form 4. "Common form business" shall mean the business of "Common. obtaining probate or administration where there is no conten-business" tion as to the right thereto including the passing of probates and administration through a surrogate court when the contest is terminated and all business of a noncontentious nature to be taken in a surrogate court in matters of testacy and intestacy not being proceedings in any suit and also the business of lodging caveats against the grant of probate or administration. 1907, c. 10, s. 2. SURROGATE COURTS. court to be 3. In and for every judicial district as the same are from a surrogate time to time established under The District Courts Act there foch judishall be a court of record to be called "The Surrogate Court" cial district of each respective district over which court one judge shall preside; and there shall also be a clerk and such officers as may be necessary for the exercise of the jurisdiction to the said court belonging. 1907, c. 10, s. 3. 4. Each of the surrogate courts shall be provided with a Courts to suitable seal to be approved of by the Lieutenant Governor in have seals Council and the judges of the said courts may respectively cause the same from time to time with the approval of the Exemplifica tions and copies under seal to be received in evidence Sittings where held Certain judges to be ex officio judges of surrogate courts In case of illness, etc., judge may call in another surrogate judge to act for him Oath of judge Lieutenant Governor in Council to be broken, altered or renewed; and all probates, letters of administration, grants, orders and other instruments and exemplifications and copies thereof respectively purporting to be sealed with the seal of any surrogate court shall in all courts and in all parts of Saskatchewan be received in evidence without further proof thereof. 1907, c. 10, s. 4; 1908, c. 23, s. 1. 5. The surrogate court of every judicial district shall hold its sittings at such places in the judicial district as the Lieutenant Governor in Council shall appoint. 1907, c. 10, s. 5. JUDGES. 6. The judge of each district court in the province shall be the judge of the surrogate court for the judicial district in which the district court of which he is judge is situated. 1907, c. 10, s. 6. 7. Whenever by reason of illness, disability, absence by leave or other cause any judge is unable to act such judge may request any other surrogate judge to act in his place and the judge so requested shall have the same powers as the judge making the request would otherwise have had. 1907, c. 10, s. 7. 8. Every judge of a surrogate court shall before executing the duties of his office take the following oath before some one authorised by law to administer the same: in the Province of Saskatchewan, do swear that I will well me this day of 19 before 1907, c. 10, s. 8; 1908, c. 23, s. 2. Surrogate registrar to be appointed His duties SURROGATE REGISTRAR AND CLERKS. 9. There shall be an officer to be called the surrogate registrar who shall perform the duties required of the surrogate registrar by this Act and rules of court made under this Act; and the surrogate registrar shall be deemed an officer of the supreme court; and the Lieutenant Governor in Council shall from time to time appoint and at his pleasure remove such registrar. 1907, c. 10, s. 9. 10. In and for each surrogate court there shall be an Clerk of court officer to be styled the clerk of such surrogate court. c. 10, s. 10. 1907, clerk 11. Every clerk of a surrogate court shall before he shall Oath of be entitled or qualified to act as clerk under this Act take the following oath before the judge of the court or some other person authorised to administer the same: do solemnly and sincerely promise and swear that I will diligently and faithfully execute the office of clerk of the surrogate court of the Judicial District of and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done by myself or others on any wills or testamentary papers or other documents or papers committed to my charge. So help me God." 1907, c. 10, s. 11. be given by 12. Every clerk of a surrogate court shall before entering security to on the duties of his office deliver to the treasurer of the pro-clerks vince a bond or other security or securities in such sum and with such sufficient surety or sureties as may be approved of by the Lieutenant Governor in Council for the due and punctual performance of his duties and the provisions of any Act relating to the giving of security by public officers shall where not inconsistent with this Act apply to such bonds or other securities. 1907, c. 10, s. 12. 13. The clerk of every surrogate court may hold his office Clerk's office in the court house of the district and a room therein may be provided for that purpose and in the event of there being no room in the court house every such clerk may until such room is provided hold his office at such place as the judge of the court directs; and the office of every clerk shall be a depository for all wills of living persons given to the clerk for safekeeping; and all persons may deposit their wills in the said depository upon payment of such fees and under such regulations as may from time to time be directed by rules of court in that behalf heretofore in force or hereafter made under this Act. 1907, c. 10, s. 13. testamentary etc. 14. The clerk of every surrogate court shall file and pre- Clerks to serve all original wills and testamentary instruments of which preserve probate or letters of administration with the will annexed are instruments, granted in such surrogate court and all other papers used in any matter in such court subject to such regulations as may from time to time be made by any rules of court under this Act in relation to the due preservation thereof and the convenient inspection of the same. 1907, c. 10, s. 14. Clerks to transmit to surrogate registrar list of probates, etc. Surrogate registrar and clerk not to 15. On the third day of every month or oftener if required by any rule of court respecting surrogate courts under this Act every clerk of surrogate court shall transmit by mail to the surrogate registrar a list in such form and containing such. particulars as may from time to time be required by such rules of court of the grants of probate and administration made by such surrogate court up to the last day of the preceding month and not included in any previous return and also a copy certified by such clerk to be a correct copy of every will to which any such probate or administration relates; and such clerk shall in like manner make a return of every revocation of a probate or administration. 1907, c. 10, s. 15. 16. Neither the surrogate registrar nor any clerk of the take fees for surrogate court shall for profit or reward draw or advise upon any will or other testamentary paper or upon any paper or document connected with the duties of his office. 1907, c. 10, s. 16. drawing or advising on certain documents Testamentary jurisdiction to be exercised by courts JURISDICTION AND POWERS OF THE SURROGATE COURTS. 17. All jurisdiction and authority in relation to matters and causes testamentary and in relation to the granting or the surrogate revoking probate of wills and letters of administration of the effects of deceased persons having estate or effects in Saskatchewan and all matters arising out of or connected with the grant or revocation of probate or administration as was vested in or exercised by the supreme court of the North-West Territories immediately prior to the sixteenth day of September, A.D. 1907, shall be exercised in the name of his Majesty in the several surrogate courts; but this provision shall not be construed as depriving the supreme court of Saskatchewan of jurisdiction in such matters. 1907, c. 10, s. 17. Powers and jurisdiction 18. The surrogate court shall have full power, jurisdiction. of surrogate and authority: courts 1. To issue process and hold cognisance of all matters relative to the granting of probates and committing letters of administration and to grant probate of wills and commit letters of administration of the property of persons dying intestate having property in Saskatchewan and to revoke such probate of wills and letters of administration; 2. To hear and determine all questions, causes and suits in relation to the matters aforesaid and to all matters and causes testamentary; and 3. Subject to the provisions herein contained the courts shall also have the same powers and the grants and orders of the said courts shall have the same effect throughout all Saskatchewan and in relation to the estate of deceased persons as the supreme court of the North-West Territories immediately |