Limitation of actions Coming into force 4. No action shall be brought or maintained against His Majesty the King as represented by his Government of Saskatchewan, or against the Attorney General of Saskatchewan or any minister or officer of His Majesty as so represented, by any person claiming to be entitled in that behalf as next of kin, or by or on behalf of the shareholders or creditors of any corporation, association or society which has been finally dissolved or wound up or which has ceased to exist: (a) to recover the whole or any part of any personal property: (i) which, by reason of the of the person last entitled thereto having died intestate and without next of kin, or by reason of any corpor&tion, association or society having been finally dissolved or wound up or having ceased to exist, has been judicially declared vested in His Majesty in the right of Saskatchewan; or (ii) of which the Attorney General of Saskatchewan has caused possession to be taken on behalf of His Majesty; or (iii) which has otherwise come into the possession of His Majesty as bona vacantia; or (b) to recover any compensation or damages in respect of any such property or the taking possession or withholding thereof; after six years from the date of the death of the person last entitled to such property, or where the person last entitled was a corporation, association or society, after six years from the date of the final dissolution or winding up or ceasing to exist of such corporation, association or society. 5. This Act shall come into force on the first day of May, 1927. H1 1927 CHAPTER 9 An Act to amend The King's Bench Act. [Assented to March 3, 1927.] IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. The King's Bench Act is amended in the manner Rev. Stat hereinafter set forth. c. 39 amended 2. Subsection (1) of section 47 is amended by striking Section 47 out all the words after the semicolon in the sixth line and substituting the following: "and in actions for a debt or on a contract in which the amount claimed exceeds $1,000 any party to the action may demand a jury in accordance with the provisions of the rules of court." amended 3. Paragraph (iii) of clause (d) of subsection (2) of Section 57 section 57 is repealed and the following substituted therefor: “(iii) appeals and applications in the nature of appeals and applications concerning the hearing of appeals, other than applications to review a taxation of costs or a taking of accounts by a local registrar." 4. This Act shall come into force on the first day of Coming into July, 1927. force Rev. Stat. c. 44 Section 21 amended New section 25a Bankers' books "Bank" "Court" "Legal proceeding" 1927 CHAPTER 10. An Act to amend The Saskatchewan Evidence Act. H1 [Assented to February 7, 1927.] IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. The Saskatchewan Evidence Act is amended in the manner hereinafter set forth. 2. Subsection (1) of section 21 is repealed and the following substituted therefor: "(1) A copy of an instrument, as the term 'instrument' is defined in The Land Titles Act, filed or registered in any land registration district of the province shall, when certified to be a true copy by the registrar in charge of the land titles office in which the original is filed or registered, be received as prima facie evidence for all purposes as if the original instrument were produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy, and the day, hour and minute stamped upon the original, as shown by the copy, shall be prima facie evidence of the day, hour and minute when the original was filed or registered." 3. The following is inserted after section 25: "25a. (1) In this section, unless the context otherwise requires, the expression: "1. 'Bank' means any bank to which The Bank Act applies, and includes a branch, agency or office of a bank; "2. 'Court' means the court, judge, arbitrator, person or persons before whom a legal proceeding is held or taken; "3. Legal proceeding' means any civil proceeding or inquiry in which evidence is or may be given, and includes an arbitration. "(2) Subject to the provisions of this section, a copy of any entry in any book or record kept in a bank shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions and accounts therein recorded. "(3) A copy of an entry in such book or record shall not be received in evidence under this section unless it is first proved that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the bank, that the entry was made in the usual and ordinary course of business, that the book or record is in the custody or control of the bank or its successor, and that such copy is a true copy. Such proof may be given by the manager or accountant of the bank and may be given orally or by affidavit sworn before any commissioner for oaths or other person appointed to administer oaths and to take and receive affidavits, declarations and affirmations within Saskatchewan. "(4) A bank or officer of a bank shall not, in any legal proceeding to which the bank is not a party, be compellable to produce any book or record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the court or a judge. made for special cause. "(5) On the application of any party to a legal proceeding, the court or a judge may order that such party be at liberty to inspect and take copies of any entries in the books or records of the bank for the purposes of any such proceeding. The person whose account is to be inspected shall be notified of the application at least two clear days. before the hearing thereof, and, if it is shown to the satisfaction of the court or judge that such person cannot be notified personally, such notice may be given by addressing the same to the bank. "(6) The costs of any application to a court or judge under or for the purposes of this section, and the costs of anything done or to be done under an order of a court or judge made under or for the purposes of this section, shall be in the discretion of the court or judge. "(7) Holidays shall be excluded from the computation of time under this section." 4. This Act shall come into force on the first day of Coming into May, 1927. force Rev. Stat. c. 52 Sale of grain Coming into force HIS 1927 CHAPTER 11 An Act to amend The Executions Act. [Assented to March 1, 1927.] IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. The Executions Act is amended by inserting therein the following section: "15a. Where the sheriff seizes grain under a writ of execution, or other process, against the goods of a member of a company or association established for the purpose of carrying on the business of buying, selling and marketing grain on the non-profit co-operative plan, which such member is under contract to deliver to such company or association, he may sell the grain so seized through such company or association, and all moneys as and when received on account of such grain, shall be considered. levies under the provisions of The Creditors Relief Act." 2. This Act shall come into force on the first day of May, 1927. |