Registrar to act as judgment Clerk. Registrar to perform duties of and Writs. 17. The Registrar shall, in addition to his other duties, be judgment clerk of the Court for the purpose of settling the form and terms of special judgments and orders. O.R., 22. 18. There shall be no Clerk of Records and Writs, but all Clerk of Records duties and functions formerly performed by the Clerk of Records and Writs and not by this Act assigned to any other officer shall be performed by the Registrar. The present Registrar and Clerk of Records and Writs shall be the Regis Posting up trial and argument lists. Registrar to have access to books of Prothonotary. Requisition for papers. Orders of course. Clerks of Assize. Return of criminal proceedings to Prothonotary. When Registrar and Prothonotary may act as Trial Clerks. trar. 19. The Prothonotary shall make out and post up in a conspicuous place in his office a list of all actions and matters set down for trial or argument as soon as the time for setting down the same has elapsed. O.R. 24. 20. The Registrar shall have access to the books of the Prothonotary at all times during office hours. When any officer other than the Prothonotary requires possession of any pleading papers or documents he shall requisition the Prothonotary for the same. 21. All orders of course, which by the practice in Manitoba prior to the passing of this Act, might be had as a matter of course upon signature of counsel at side bar or upon præcipe are to be issued by the Registrar on præcipe. O.R. 25. 22. The Deputy Clerks of the Crown and Pleas in the several Judicial Districts, except the Eastern Judicial District, shall ex officio be and act as Clerks at the sittings of the Court for the trial of causes, matters and issues and all criminal matters or proceedings, appointed to be holden by commission or otherwise, in their respective judicial districts, and shall have all the powers and perform all the functions incident to the same as such Clerks. O.R., 26. 23. The said Deputy Clerks of the Crown and Pleas respectively shall, immediately after each sitting of such Courts, forward to the Prothonotary at Winnipeg every recognisance, indictment, paper or proceeding in any criminal matter in their custody as such officers respectively, and also the usual and proper returns as such Clerks. O.R., 27. 24. The Registrar or the Prothonotary, by himself or some official or employee in his office, shall act as clerk of the Court or to a Julge at any sitting for the trial of civil or criminal causes, matters or proceedings, except at Brandon or Portage la Prairie, and shall have all the powers and authority, both of the Prothonotary and of the Registrar in Equity under the former practice as well as those of Clerk and Marshall of Assize. (a) The duties under this Rule shall be divided between the Trial Clerk. Registrar and the Prothonotary, as shall from time to time be Division of provided by Rules of Court, and in the absence of such provi- Registrar and sion as the Court or a Judge shall direct or allow. work between Prothonotary, regular officer 25. In the event of any Clerk of the Court, Registrar or Absence of Deputy Registrar being absent or being prevented by illness provided for. or other cause from performing his duties as such officer, the presiding Judge at such sitting or Court may authorize some person to act in the place of such officer, and the person so acting shall have all the powers of the officer for whom he acts. O.R., 29. REFEREE IN CHAMBERS. powers of Chambers, 26. The Referee in Chambers, in regard to all actions and Duties and matters in Court, shall be and hereby is empowered and re- Referee in quired to do such things, transact all such business and exercise all such authority and jurisdiction in respect to the same as by virtue of any statute or custom or by the rules or practice of the Court or any of them respectively are now done, transacted or exercised by him or by any Judge of Court sitting in Chambers, save and except in respect to the matters following: (1) All matters relating to criminal proceedings or the liberty of the subject. (2) Appeals and applications in the nature of appeals. (3) The removal of causes from inferior Courts other than the removal of judgments for the purpose of having execution. (4) All matters in respect of which the jurisdiction of a Judge in Chambers is not derived from legislation of the Legislature of Manitoba. (5) Proceedings as to lunatics under any statute of Manitoba. (6) Applications for advice under The Revised Statutes of Manitoba Chapter 146. (7) Application as to the custody of infants, or for the sale, leasing or other disposition of the lands of an infant. (8) Applications for 1 ase and sale of settled estates, or to enable minors with the approbation of the Court to make binding settlements of their real or personal estate at marriage, and in regard to questions submitted for the opinion of the Court in the form of special cases on the part of such persons as may by themselves, their committees, guardians or otherwise concur therein. Referee may issue summons certain matters otherwise deal he may not with. (9) Opposed applications for administration orders. (10) Proceedings as to the partition and sale of real estate under the Partition Act. (11) The referring of causes or matters to arbitration. (12) Reviewing taxation of costs. (13) Applications for leave to appeal or re-hear, or to move against a verdict or judgment, or to move to reverse or vary an order of a judge after the time limited for so appealing, rehearing or moving has elapsed. (14) Applications for payment of money out of Court or dispensing with payment of money into Court. (15) Proceedings under The Manitoba Controverted Elections Act. (16) Proceedings under The Overholding Tenants Act. (17) Proceedings under The Manitoba Railway Act. (18) The taking of evidence upon and hearing and disposing of any question, summarily, in Chambers as to the liability of a garnishee where such liability is disputed, or the disposing of a claim of a third party, without directing the trial of an issue. (19) The taking of evidence upon and summarily disposing of a claim in Chambers under Rule 904. (20) Proceedings under The Manitoba Expropriation Act. (21) Application for the allowance of fees to attorneys, solicitors or counsel greater than those taxable by the Taxing Master without special order, except fees in respect of matters before the Referee in Chambers. 27. In case the Judges of the Court are absent from Winniin, and adjourn peg, or there is no Judge sitting in Chambers upon the day on which any application in respect of any of the above excepted matters from (5) to (21) both inclusive in the last preceding rule is returnable, the Referee in Chambers may adjourn such application upon such terms as he may consider proper. In all such above excepted matters numbered from (5) to (21) both inclusive, the Referee in Chambers may issue a summons returnable before a Judge. any application made to Referee. 28. All applications which may be made to the Referee in Judge may hear Chambers shall be so made; but at any time a Judge may in which may be his discretion hear and determine any application which may be made to or which is returnable before the Referee in Chambers. 29. The Referee may refer any matter pending before him Reference to to a Judge of the Court for decision, and the Judge may dis- Judge. pose of the same in whole or in part, or refer back the whole or part. O.R., 32. entry of 30. The Referee shall sign all orders made by him and shall Signature and cause such as require entry to be entered in a book to be kept Referee's orders for that purpose. O.R., 33. LOCAL JUDGES. 31. The County Court Judge of every Judicial District, Local Judges. other than the Eastern Judicial District or parts thereof, shall in all actions brought in his Judicial District be a local Judge of the Court, and shall have concurrent jurisdiction with and the same power and authority as the Referee in Chambers in all proceedings in the Court. O.R. 41. Judge of Court. 32. Every local Judge may refer any matter pending before Reference by him in Chambers to a Judge of the Court in Chambers for de- Local Judge to cision, and the Judge may dispose of the same in whole or in part or refer back the whole or a part. O.R. 42. applications to 33. Every local Judge shall have all the powers of the Interpleader Referee in Chambers in respect to all interpleader applica Local Judges. tions and all matters incidental thereto and the disposal of the same when such application is made by or on behalf of the Sheriff of the Judicial District for which such County Court Judge is the local Judge whether the action in respect of which the application is made was commenced in the Judicial district of such Judge or not. An interpleader application by or at the instance of a Sheriff may in every case be made to the local Judge for the Judicial District which, or part of which, constitutes such Sheriff's bailiwick, and such local Judge shall have the aforesaid, powers in re'erence thereto. Act applications 34. Each local Judge in any Judicial District shall have all Real Property the p wers given to the Court or a Judge by the rules in to Local Judges. schedule "R" of the Real Property Act, in respect of matters affecting land in his Judicial District, except in regard to the trial of issues under any petition filed The Referee in Chambers shall have all the powers given to Such applicathe Court or a Judge by the rules in said Schedule "R," ex- tions to Referee. cept in regard to the trial of issues in respect to any petition filed. Court may dispose of matters without reference. Carriage of order of reference. Master may add parties in his office. Indorsement upon copy of MASTER'S OFFICE. General Rules. 35. In all cases where a reference might be directed, the Court may dispose of all matters itself without a reference, and may direct proceedings to be taken in Court, or in Chambers, as it finds it expedient. O.R., 44. 36. Every order of reference is to be brought into the proper office for prosecution within fourteen days after the same is drawn up, by the party having the carriage of the same; otherwise any other party to the cause, or any party having an interest in the reference, may assume the carriage of the order. O.R. 45. 37. When in proceedings before the Master, it appears to him that some persons not already parties ought to be made parties, and ought to attend, or be enabled to attend, the proceedings before him, he may direct a copy of the judgment or order to be served upon such parties; and upon due service thereof, such parties are to be treated and named as parties to the action, and are to be bound by the judgment or order in the same manner as if they had been originally made parties. O.R., 46. 38. The copy of a judgment or order directed to be judgment to be served under Rule 37 is to be endorsed with a notice to the effect set forth in Form No. 16 in the Schedule, with such variations as circumstances require. O.R., 47. served upon added party. Parties added may move to discharge judg ment. Master may classify interests and regulate tion. 39. A party served with an office copy of a judgment or order under Rule 37, may apply to the Court, at any time within fourteen days from the date of such service, to discharge the judgment or order, or to add to, vary or set aside O.R., 48. the same. 40. Where, at any time during the prosecution of a reference, it appears to the Master, with respect to the whole or their representa- any portion of the proceedings, that the interests of the parties can be classified, he may require the parties constituting each or any class, to be represented by the same solicitor, and where the parties constituting such class cannot agree upon the solicitor to represent them, the Master may nominate such solicitor for the purpose of the proceedings before him. O.R., 49. Master may change conduct of reference. 41. Where a party prosecuting a reference does not proceed with due diligence, the Master is to be at liberty, upon the |