all matters and things connected with the management, ordering and arrangement of all matters connected with the office and duties of the superintendent of police, subordinate officers, constables and other persons connected with him, them or any of them. 1906, c. 20, s. 5. the peace special 6. When immediately necessary for the maintenance of law Justices of and order a justice of the peace may in writing which shall may appoint be in duplicate appoint one or more constables whose duties constables and powers as such shall extend to the whole province; but such appointments shall be made only for a specific purpose or occasion to be mentioned in the said appointment and shall in no case be made for a longer period than one month from the date thereof or until any process in the hands of such special constable or constables at the expiration of the said period be executed. 1906, c. 20, s. 6. 7. Every special constable so appointed shall before enter- Oath ing upon the duties specified in such appointment take and subscribe before a justice of the peace the following oath in duplicate: "I, having been appointed a special constable for the Province of Saskatchewan, do solemnly swear that I will truly, faithfully and impartially perform the duties specified in such appointment according to the best of my skill and ability. So help me God." 1906, c. 20, s. 7. appointment 8. A copy of such appointment and of the prescribed oath Duplicate shall upon the appointment being made be forthwith trans and oath to mitted to the attorney general. 1906, c. 20, s. S. be transmitted to autorney general general 9. Nothing herein shall be construed as limiting or affecting Not to affect the power of the appointment of constables or of specia power of constables in particular cases or of peace or other officers in appointment general wherein and wherever such power of appointment officers now exists. 1906, c. 20, s. 9. of peace Governor in 10. The Lieutenant Governor in Council may from time to Lieutenant time fix and determine the fees and allowances to be made by Council to the Government of Saskatchewan to constables. 1906, c. 20, s. 10. fix fees assist peace officers 11. It shall be the duty of every person in the province Duty to when called upon by any peace officer promptly to aid and assist him in the execution of his duties; and whenever any person shall wilfully neglect or omit to do so he shall in addition to any other penalty prescribed by law on summary conviction before a justice of the peace be subject to a fine not exceeding $20 and in default of payment thereof forthwith to imprisonment in a common gaol for a period not exceeding thirty days. 1906, c. 20, s. 11. Prohibition of business and labour on Sunday Exceptions Games and amusements prohibited Contracts made on Sunday to be void Penalty CHAPTER 69 An Act to Prevent the Profanation of the Lord's Day. 1. No merchant, tradesman, artificer, mechanic, workman, labourer or other person whatsoever shall on the Lord's day sell or publicly show forth or expose or offer for sale or purchase any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, business or trade of his ordinary calling; travelling or conveying travellers or his Majesty's mails, selling drugs and medicines and other works of necessity and works of charity only excepted. C. O. 1898, c. 91, s. 1. 2. No person on that day shall play at billiards or pool in any public room or run races on horseback or in vehicles of any sort or discharge fire arms or engage in any game or games in any public place or engage in hunting or in the pursuit of game; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. C. O. 1898, c. 91, s. 2. 3. All sales and purchases and all contracts and agreements for sale or purchase of any real or personal property whatsoever made by any person or persons on the Lord's day shall be utterly null and void. C. O. 1898, c. 91, s. 3. 4. Any person violating any of the provisions of this Act shall be guilty of an offence and upon summary conviction thereof be liable to a fine not exceeding $100 and costs of prosecution. C. O. 1898, c. 91, s. 4. CHAPTER 70 An Act respecting Arbitration. SHORT TITLE. 1. This Act may be cited as "The Arbitration Act." C. O. Short title 1898, c. 35, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the expression: sion" 1. "Submission" means a written agreement to submit "Submispresent or future differences to arbitration whether an arbitrator is named therein or not; 2. "Court" means the supreme court of Saskatchewan; 3. "Judge" means a judge of the said court; "Court" "Judge" 4. "Rules of court" means the rules of the said court. "Rules of C. O. 1898, c. 35, s. 2. REFERENCES BY CONSENT OUT OF COURT. court" submission 3. A submission unless a contrary intention is expressed Effect of therein shall be irrevocable except by leave of the court or a judge and shall have the same effect in all respects as if it had been made an order of court. C. O. 1898, c. 35, s. 3. includes 4. A submission unless a contrary intention is expressed Submission therein shall be deemed to include the provisions set forth in provisions in the schedule to this Act so far as they are applicable to the reference under submission. C. O. 1898, c. 35, s. 4. schedule proceedings 5. If any party to a submission or any person claiming stay of through or under him commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him in respect to any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings apply to that court to stay the proceedings; and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was at the time when the proceedings were Appointment of arbitrator in certain cases Appointment of arbitrators where commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration may make an order staying the proceedings. C. O. 1898, c. 35, s. 5. 6. In any of the following cases: (a) Where a submission provides that a reference shall be to a single arbitrator and all the parties do not after differences concur in the appointment of an arbitrator; (b) If an arbitrator refuses to act or is incapable of acting or dies and the submission does not show that it was intended that the vacancy should not be supplied and the parties do not supply the vacancy; (c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and de not appoint him; (d) Where an appointed umpire or arbitrator refuses to act or is incapable of acting or dies or is removed by the court or a judge and the submission does not show that it was intended that the vacancy should not be supplied and the parties or arbitrators do not supply the vacancy; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator, as the case may be. If the appointment is not made within seven clear days after the service of the notice the court or a judge may on application by the party who gave the notice appoint an arbitrator, umpire or third arbitrator, as the case may be, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties. C. O. 1898, c. 35, s. 6. 7. Where a submission provides that the reference shall be to two arbitrators one to be appointed by each party then two required unless the submission expresses a contrary intention: 1. If either of the appointed arbitrators refuses to act or is incapable of acting or dies the party who appointed him may appoint a new arbitrator in his place; 2. If on such a reference one party fails to appoint an arbitrator either originally or by way of substitution as aforesaid for seven clear days after the other party having appointed his arbitrator has served the party making default with notice to make the appointment the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent: Provided that the court or a judge may set aside any appointment made in pursuance of this section. C. O. 1898, c. 35, s. 7. 8. The arbitrators or umpire acting under a submission Powers of shall unless the submission expresses a contrary intention have power: 1. To administer oaths to or take the affirmations of the parties and witnesses appearing; and 2. To state an award as to the whole or part thereof in the form of a special case for the opinion of the court; and 3. To correct in an award any clerical mistake or error arising from any accidental slip or omission. C. O. 1898, c. 35, s. 8. arbitrator of witnesses 9. For the purpose of procuring the attendance of a witness Summoning at an arbitration any party to a submission may sue out a writ of subpoena ad testificandum or a writ of subpoena duces tecum but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. (2) Such writs may be obtained from any local registrar of the court on payment of the fees prescribed by the rules of court. C. O. 1898, c. 35, s. 9. of time for 10. The time for making an award may from time to time Enlargement be enlarged by order of the court or a judge whether the time award for making an award has expired or not. C. O. 1898, c. 35, s. 10. tion by 11. In all cases of reference to arbitration the court or a Reconsiderajudge may from time to time remit the matters referred or arbitrator any of them to the reconsideration of the arbitrators or umpire. (2) Where an award is remitted the arbitrators or umpire shall unless the order otherwise directs make their award within six weeks after the date of the order. C. O. 1898, c. 35, s. 11. 12. Where an arbitrator or umpire has misconducted him- Misconduct self the court or a judge may remove him. of arbitrator awar 1 (2) Where an arbitrator or umpire has misconducted him- Setting aside self or an arbitration or award has been improperly procured the court may set the award aside. C. O. 1898, c. 35, s. 12. of award 13. An award on a submission may by leave of the court Enforcement or a judge be enforced in the same manner as a judgment or order to the same effect. C. O. 1898, c. 35, s. 13. |