Liability for misconduct writ 32. If any bailiff intrusted with the execution of any writ, in execution warrant, process, mesne or final knowingly misconducts himself in the execution of the same or knowingly makes any false return to such writ, warrant or process he shall answer in damages to any party aggrieved by such misconduct or false return. 1907, c. 13, s. 32. Restoration of docu to sheriff CUSTODY OF WRITS, PROCESS, ETC. 33. Every deputy sheriff, bailiff or other sheriff's officer or ments, etc., clerk intrusted with the custody of any writ or process or of any book, paper or document belonging to the said sheriff or his office shall upon demand upon him by such sheriff restore and return such writ, process, book, paper or document to the custody of the said sheriff and in case of any neglect or refusal to return or restore the same as aforesaid the party so neglecting or refusing may be required by an order of the supreme court or of any judge of such court to return and restore such writ, process, book, paper or document to such sheriff and if he disobeys such order may be further proceeded against by attachment as in other cases of contumacy to orders or rules. of court. 1907, c. 13, s. 33. Sheriff's officer to deliver process to required 34. If any deputy sheriff, bailiff or sheriff's officer shall have in his possession, custody or control any writ of summons, sheriff when fieri facias or other writ or any bench warrant or process whatsoever and shall upon demand made by the sheriff from whom the same may have been received or his successor in office or by any other party entitled to the possession of the same neglect or refuse to deliver up the same such sheriff or his successor in office or the party entitled to the possession of the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued to compel the production and delivery thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs and with or without costs or be discharged with costs against the party applying in the discretion of the judge aforesaid. 1907, c. 13, s. 34. Indorsement 35. Upon the delivery of a writ of summons or an originating summons at the office of a sheriff to be served by him he, his deputy or clerk shall indorse thereon the time when it was so delivered; and in case the writ is not fully and completely served within thirty days after the delivery the plaintiff, his solicitor or agent shall be entitled to receive back the same; and the sheriff or his deputy or clerk shall indorse thereon the time of its redelivery; and the same may then be served by any literate person other than the plaintiff and the costs of the mileage and the service of the writ by a literate person afterwards shall in case the person directed to be 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 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 judg ments 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; 4. To attend all sittings of the judge in chambers unless Attend at his attendance is dispensed with by the judge; and chambers 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 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. |