Yearly statement of

(4) After such administration the official administrator shall file in the court an account thereof verified on oath. 1907, c. 10, s. 78.

78. During the month of January in each year the official emoluments administrator shall furnish to the Lieutenant Governor in Council a statement in detail verified on oath of the emoluments of his office for the preceding year ending the thirty-first day of December. 1907, c. 10, s. 79.

Fees to officers

The judge may order an

be made to

executor or

adminis

trator out of

trouble

FEES AND COSTS.

79. The clerks and officers of the surrogate courts and barristers and solicitors practising therein shall be entitled to take for the performance of duties and services under this Act such fees as may be fixed under the provisions hereinafter contained. 1907, c. 10, s. 80.

80. The judge of any surrogate court may allow to the allowance to executor or trustee or administrator acting under a will or letters of administration a fair and reasonable allowance for his care, pains and trouble and his time expended in and estate for his about the executorship, trusteeship or administration of the estate and effects vested in him under the will or letters of administration and in administering, disposing of and arranging and settling the same and generally in arranging and settling the affairs of the estate and may make an order or orders from time to time therefor and the same shall be allowed to an executor, trustee or administrator on passing his accounts.

Taxation of costs

(2) Nothing in this section shall apply to any case in which the allowance is fixed by the instrument creating the trust. 1908, c. 38, s. 29 (2).

81. The table of fees and costs and the rules of court in force in the supreme court of the North-West Territories with respect to probate matters is hereby continued and shall apply to proceedings in the surrogate courts until altered under the authority of this Act; and no other fees than those specified and allowed in the said tables or than the altered fees, as the case may be, shall be taken or received by clerks, officers, barristers and solicitors. 1907, c. 10, s. 81.

82. The bill of any barrister or solicitor for any fees, charges or disbursements in respect of business transacted in a surrogate court whether contentious or otherwise or any matter connected therewith shall as well between solicitor and client as between party and party be subject to taxation in such surrogate court and the mode in which the bill sha!! be referred for taxation and the person by whom the costs of taxation shall

be paid shall be regulated by the rules of court now in force or to be hereafter made under this Act; and the certificate of the clerk of the amount at which the bill is taxed shall be subject to appeal to the judge of the court. 1907, c. 10, s. 82.

RULES OF court.

court rules

83. The judges of the supreme court shall have the same Surrogate authority to make rules of court with respect to the surrogate courts as by section 54 of The Judicature Act they have with respect to the supreme court. 1907, c. 10, s. 83.

SALARY OF JUDGE.

84. There shall be paid to each of the judges of the surrogate courts hereby established out of the general revenue fund

of the province a salary at the rate of $ per annum. 1907, 21-1912

c. 10, 3. 84.

Enforcing

orders of

judge made

under special statutory authority

Filing orders

Fees on filing

Entry of orders

Costs to be in discretion of

judge

No appeal except when expressly authorised

CHAPTER 55

An Act respecting Judges' Orders in Matters not in Court.

1. Where jurisdiction has been or shall be given by any Act to a judge as persona designata he shall be deemed to have jurisdiction therein as a judge of the court to which he belongs and he shall have the same jurisdiction for enforcing his orders and judgments and as to proceedings generally and as to costs and otherwise as in matters under his ordinary jurisdiction as a judge of the court in which he is such judge so far as a different mode is not directed by the Act giving him the jurisdiction aforesaid. 1908-9, c. 8, s. 1.

2. Every order of a judge of the supreme court made under statutory authority as aforesaid may be filed in the office of the local registrar of the court for the judicial district in which the matter is heard and every order of a judge of a district court made under a statutory authority as aforesaid may be filed with the clerk of such court and upon an order being so filed the same shall become and be an order of the supreme court or of the district court, as the case may be, and may be enforced in the same manner and by the like process as if the order had been made by either of the said courts respectively. 1908-9, c. 8, s. 2.

3. There shall be payable at the time of filing such order the like fees as would be payable upon the issue of an order made by a judge of the supreme court or of the district court, as the case may be, in the exercise of his ordinary jurisdiction. 1908-9, c. 8, s. 3.

4. Every order so filed shall be entered in the same manner as a judgment of the court in which the order is so filed. 1908-9, c. 8, s. 4.

5. The costs of every proceeding before a judge of the supreme court or of a district court under this Act shall be in the discretion of such judge. 1908-9, c. 8, s. 5.

6. There shall be no appeal from the order of a judge made as aforesaid unless an appeal is expressly authorised by the Act giving the jurisdiction. 1908-9, c. 8, s. 6.

CHAPTER 56

An Act respecting Certain Officers of the Court.

SHORT TITLE.

1. This Act may be cited as "The Court Officials' Act." Short title 1907, c. 13, s. 1.

Governor in

officers of

court

2. The Lieutenant Governor in Council may from time to Lieutenant time appoint any such court officials as registrar or clerk Council may or deputy to any registrar or clerk of any court, sheriff appoint or deputy sheriff, court reporter, process issuer or server or bailiff as may be deemed necessary to the prompt and effective administration of justice within Saskatchewan and may prescribe the area within and the place at which the duties devolving upon such officials under this or any other Act shall be performed. 1907, c. 13, s. 2.

hold office

pleasure

3. Any person appointed to any of the above offices shall Officials to hold office during pleasure and the Lieutenant Governor during in Council may at any time remove any person so appointed, appoint another person in his stead or abolish such office. (2) Unless his remuneration is otherwise fixed by law Remuneraany person so appointed shall receive such remuneration for his services either by way of retention of a proportion of the fees collected by him or by way of salary or by both of such methods as may from time to time be directed or fixed by the Lieutenant Governor in Council. 1907, c. 13, s. 3.

tion

4. Every person so appointed shall unless the Lieutenant Security Governor in Council otherwise directs before entering upon the duties of his office give security for the due performance of the same and for the due accounting by him of any moneys or property coming to his hands by virtue of such appointment; and the security shall be in such form and terms and for such amount as the Lieutenant Governor in Council may require.

guarantee

be accepted

(2) The Lieutenant Governor in Council may accept as Security of such security the bond or policy of guarantee of any incor- bonds may porated or joint stock company empowered to grant guarantee bonds, covenants or policies for the integrity and faithful accounting of public officers or other like purposes; and in case the security be that mentioned in this subsection the

Payment of premiums thereon

Actions by the Crown upon the covenants of security

Oaths to be taken by officers

Books and forms to be

property of the Crown

Lieutenant
Governor in

impose

additional duties

interim receipt of the company may be accepted in lieu of the formal security; but the formal security shall be completed within one month from the date of the receipt.

(3) In the event of the security being that authorised under the provisions of subsection (2) of this section the premium or premiums upon the same may be paid in the first instance by the provincial treasurer out of any moneys appropriated for the purpose by the Legislature; and the provincial treasurer when authorised so to do by the Lieutenant Governor in Council may require any officer so bonded to pay the expenditure so incurred. 1907, c. 13, s. 4.

5. Every covenant entered into for or on behalf of any of the said officers in pursuance of this Act or any other Act requiring security from any of such officers shall enure for the benefit of his Majesty; and his Majesty may bring and maintain an action thereon in respect of any loss or damages suffered by his Majesty or by any person on account of any misconduct, negligence or default of the officer in either instance with the like effect as a private person suffering damages as aforesaid might and may also sue in any other mode by which his Majesty may sue upon a covenant. 1907, c. 13, s. 5.

6. Every person so appointed shall upon his appointment and before entering upon the duties of his office take and subscribe the oath of allegiance and the oath set forth in form A in the schedule to The Public Service Act in addition to any other oaths which he may be required to take under any other Act specially applicable to such officer.

(2) Such oaths upon being taken shall be filed with the attorney general who shall keep a record of the same. 1907, c. 13, s. 6.

7. All necessary books and forms required for use by any of the above mentioned officers shall be approved of by the attorney general and be provided by and be the property of his Majesty. 1907, c. 13, s. 7.

8. The Lieutenant Governor in Council shall have power Council may to require any of the above mentioned officers to perform duties additional to any duties which may be imposed upon such officer by any Act or rule of court; and in case no duties are so imposed to specify the duties to be performed. 1907, c. 13, s. 8.

One appoint

ment to two or more offices

9. The Lieutenant Governor in Council may in his discretion appoint one person to fill two or more of the said offices. 1907, c. 13, s. 9.