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served was at any time during the said thirty days within the official territory of the sheriff be allowed at the usual rate in the taxation of costs as if the service had been by the sheriff or his officer.

refuses to

writ plaintiff

concurrent

(2) If the sheriff being applied to neglects or refuses after If sheriff the expiration of the said thirty days to redeliver the said redeliver writ or summons upon demand the plaintiff may issue a dupli- may issue cate or concurrent writ or summons on the praecipe (if any) duplicate or already filed and the taxable costs incurred on the issue of the writ first or other writ or summons not redelivered may be charged against and recovered from the sheriff by the plaintiff or his solicitor.

to relieve

(3) Nothing in this section shall be construed to relieve the Section not sheriff from his duty to serve the said writ or summons upon sheriff from its receipt by him. 1907, c. 13, s. 35.

his duty to serve writ upon receipt

death,

or removal

36. In case a sheriff dies, resigns his office (and his resigna- Provision in tion is accepted) or is removed therefrom the deputy sheriff case of shall nevertheless continue the office of sheriff and execute the resignation same and all things belonging thereto in the name of the sheriff of sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office and the said deputy sheriff shall be answerable for the execution of the said office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resigning or having been removed would by law have been if he had been living or continuing in office and the security given by the deputy sheriff shall remain and be a security to his Majesty, his heirs and successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. 1907, c. 13, s. 36.

37. Every sheriff, deputy sheriff and bailiff appointed Oath of office under the provisions of this or any Act of the province in that behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form A in the schedule to this Act. 1907, c. 13, s. 37.

ASSISTANT SHERIFFS.

Governor in

assistant

38. Notwithstanding anything in this or any other Act or Lieutenant law to the contrary it shall be lawful for the Lieutenant Council may Governor in Council to set apart any portion of any judicial appoint district and to define the limits so set apart, to give to the sheriffs same a name and to appoint therein an officer to be styled assistant sheriff and to fix the remuneration of such officer.

sheriff's

(2) Upon the setting apart of such portion and the appoint- Assistant ment of an assistant sheriff therefor the jurisdiction of the duties, sheriff therein shall cease and all the powers, duties and powers, etc. obligations which at the time of such appointment might or

could have been exercised or performed by the sheriff shall thereafter so far as they are to be exercised or performed within such portion or as they affect property or persons in such portion be exercised and performed by such assistant sheriff and in respect of all mesne and final process intended to affect real or personal property situated within such portion such assistant sheriff shall have and perform all the powers duties and obligations that the sheriff could have lawfully performed therein prior to the setting apart of such portion. (3) All the provisions of this Act applicable to sheriffs to sheriffs to shall apply to every assistant sheriff so appointed.

Provisions of this Act as

apply

Duties of local registrar and clerks

Hours of office

Official duties

Accounts and books

(4) The Lieutenant Governor in Council may issue regulations for the copying of books, records, writs and other papers on file or in use in the office of the sheriff and their transfer to the assistant sheriff and may also make all other regulations as may be necessary or expedient for the effective carrying out of the provisions of this section. 1907, c. 13, s. 38.

SPECIAL PROVISIONS RESPECTING LOCAL REGISTRARS OF THE
SUPREME COURT AND CLERKS OF THE DISTRICT COURT.

39. It shall be the duty of every local registrar of the supreme court and every clerk of a district court:

1. To attend at his office and keep the same open between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holidays and except on Saturdays and during vacation when the same shall be closed at one o'clock in the afternoon.

2. Subject to this Act and rules of court:

(a) To receive all papers required to be filed in court; (b) To issue all writs of summons, warrants, writs of execution and other documents and process rendered necessary or requisite for the effectual disposition of such matters and to file all papers in actions in his office;

(c) To tax costs, enter judgments and record all judgments and orders pronounced, given and made;

3. To keep a record of all proceedings taken in any cause or matter and to keep an account of all fines, fees and moneys payable or paid into court entering all such accounts in books approved by the attorney general in which books shall be entered regularly under separate headings all the proceedings taken, all moneys received and paid out and the persons to whom and by whom the same have been paid which books shall be accessible at all times to suitors and the public:

(a) To deposit in a chartered bank in the manner from time to time prescribed by the Lieutenant Governor in Council all monevs paid into court;

chambers

4. To attend all sittings of the judge in chambers unless Attend at his attendance is dispensed with by the judge; and

generally

5. To do and perform all such other acts and duties as may Duties be prescribed by rules of court or by order of the Lieutenant Governor in Council and as may be necessary for the due administration of civil and criminal justice by the court. 1907, c. 13, s. 39.

I,

SCHEDULE.

FORM A.

(Section 37)

OATH OF OFFICE.

do swear that I will truly and faithfully perform the several duties of sheriff, assistant sheriff or deputy sheriff or bailiff (as the case may be) of the judicial district to which I have been appointed without fear, favour or malice. So help me God.

Sworn before me at

in the Province of Saskatchewan,

this

day of
19

J. P. in and for Saskatchewan.

Reference to court authorised

Court to certify opinion

Notice to attorney general for Canada

Notice to persons interested

Appointment

of counsel to

argue case

for unrepre

sented

interests

Appeal

CHAPTER 57

An Act respecting the Decision of Constitutional and other Legal Questions.

1. The Lieutenant Governor in Council may refer to the supreme court of Saskatchewan for hearing or consideration any matter which he thinks fit to refer and the court shall thereupon hear or consider the same. 1901, c. 11, s. 1.

2. The court is to certify to the Lieutenant Governor in Council its opinion on the question referred with the reasons therefor which are to be given in like manner as in the case of a judgment in an ordinary action; and any judge who differs from the opinion of the majority may in like manner certify his opinion with his reasons therefor to the Lieutenant Governor in Council. 1901, c. 11, s. 2.

3. In case the matter relates to the constitutional validity of any Act which has heretofore been or shall hereafter be passed by the Legislature or of any Ordinance passed by the Legislative Assembly of the North-West Territories or of some provision in any such Act or Ordinance the attorney general for Canada shall be notified of the hearing in order that he may be heard if he sees fit. 1901, c. 11, s. 3.

4. The court shall have power to direct that any person interested or where there is a class of persons interested any one or more persons as representatives of such class shall be notified of the hearing and such persons shall be entitled to be heard. 1901, c. 11, s. 4.

5. Where any interest affected is not represented by counsel the court may in its discretion request counsel to argue the case in such interest and reasonable expenses thereof shall be paid out of the general revenue fund. 1901, c. 11, s. 5.

6. The opinion of the court shall be deemed a judgment of the court and an appeal shall lie therefrom as in the case of a judgment in an action. 1901, c. 11, s. 6.

CHAPTER 58

An Act respecting Suits against the Crown by
Petition of Right.

SHORT TITLE.

1. This Act may be cited as "The Petition of Right Act." Short title 1909, c. 15, s. 1.

INTERPRETATION.

2. In this Act unless the context otherwise requires the Interpretaexpression:

tion

(a) "Court" means the supreme court of Saskatchewan ; “Court" (b) "Judge" means a judge of the said court;

"Judge"

(c) "Relief" includes every species of relief claimed or "Relief"
prayed for in any petition of right, whether a resti-
tution of any incorporeal right or a return of lands
or chattels or a payment of money or damages or
otherwise. 1909, c. 15, s. 2.

petition

3. A petition of right shall be entitled in the supreme court Contents of of Saskatchewan and shall state the place where the suppliant proposes the petition shall be tried; and such petition shall be addressed to his Majesty in the words or to the effect of the form in the schedule to this Act and shall state the Christian name and surname and usual place of abode of the suppliant and those of his solicitor, if any, by whom the same is presented; and shall set forth with convenient certainty the facts entitling the suppliant to relief and shall be signed by the suppliant or his solicitor; the facts set forth in the petition shall be verified by affidavit of the suppliant, his solicitor or agent annexed thereto or indorsed thereon. 1909, c. 15, s. 3.

4. The said petition and a copy thereof shall be left with Fiat for the clerk of the Executive Council for submission to the Lieutenant Governor in Council, and upon such consideration a fiat may be granted that right be done. 1909, c. 15, s. 4.

5. Upon the Lieutenant Governor's fiat being obtained to service of such petition a copy of such petition and fiat shall be left at petition the office of the attorney general during office hours with an indorsement thereon in the words or to the effect of the forms

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