1927 CHAPTER 12 An Act to facilitate the Reciprocal Enforcement of Judgments in Saskatchewan and in other parts of His Majesty's Dominions. H [Assented to February 7, 1927.] IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Judgments Extension Short title Act, 1927. 2. In this Act, unless the context otherwise requires, Interpretation the expression: 1. "Judgment" means any judgment or order given "Judgment" or made by a court in a civil proceeding whether before or after the passing of this Act, whereby a sum of money is made payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place; creditor" 2. "Judgment creditor" means the person by whom "Judgment the judgment was obtained, and includes the successors and assigns of that person; debtor 3. "Judgment debtor" means the person against whom "Judgment the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given; 4. "Original court," in relation to any judgment, "Original means the court by which the judgment was given; court" court 5. "Registering court," in relation to any judgment, "Registering means the court in which the judgment is registered under this Act. may act 3. Subject to rules of court, any of the powers con- A judge ferred by this Act on the Court of King's Bench may be exercised by a judge of the court. Registration of judgment Restrictions on registration 4.—(1) Where a judgment has been obtained in a superior court in any part of His Majesty's dominions outside Canada to which this Act extends, the judgment creditor may apply to the Court of King's Bench, at any time within twelve months after the date of the judgment or such longer period as may be allowed by the court, to have the judgment registered in the court, and on any such application the court may, if in all the circumstances of the case it is considered just and convenient that the judgment should be enforced in Saskatchewan, and subject to the provisions of this Act, order the judgment to be registered accordingly. (2) Reasonable notice of the application shall be given to the judgment debtor in all cases in which he was not personally served with process in the original action, and did not appear or defend or otherwise submit to the jurisdiction of the original court. (3) The judgment may be registered by filing with the registrar of the registering court an exemplification or certified copy of the judgment, together with the order for such registration, whereupon the same shall be entered as a judgment of the registering court. 5. No judgment shall be ordered to be registered under this Act if: (a) the original court acted without jurisdiction; or (b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court; or (c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court; or (d) the judgment was obtained by fraud; or (e) the judgment debtor satisfies the registering court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment; or (f) the judgment was in respect of a cause of action which for reasons of public policy or for some other similar reason could not have been entertained by the registering court. 6. Where a judgment is registered under this Act: (a) the judgment shall, as from the date of registra- (b) the registering court shall have the same control (c) the reasonable costs of and incidental to the Effect of registration court 7. The Court of King's Bench may, with the con- Rules of currence of a majority of the judges thereof, make rules of court: (a) for service on the judgment debtor of notice of (b) for enabling the registering court, on an applica- (c) for suspending the execution of a judgment make rules 8. The Court of King's Bench, with the concurrence Power to aforesaid, may make rules of court for regulating the practice and procedure (including scale of fees and evidence) in respect of proceedings of any kind under this Act. of action 9. Nothing herein contained shall deprive any judg-Saving right ment creditor of the right to bring an action for the recovery of the amount of his judgment instead of proceeding under this Act. application 10. (1) Where the Lieutenant Governor in Council Extending is satisfied that reciprocal provisions have been made of Act Coming into force or will be made by the Legislature of any part of His Majesty's Dominions outside Canada for the enforcement within that part of his dominions of judgments obtained in His Majesty's Court of King's Bench for Saskatchewan, the Lieutenant Governor may by order in council declare that this Act shall extend to that part of His Majesty's dominions, and on any such order being made this Act shall extend accordingly. (2) An order in council under this section may be varied or revoked by a subsequent order. 11. This Act shall come into force on the first day of May, 1927. HIS 1927 CHAPTER 13 An Act to amend The Land Titles 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 Land Titles Act is amended in the manner Rev. Stat. hereinafter set forth. 2. The following is inserted after section 55: c. 67. New section 55a of certified "55a. The registrar may accept and register, in lieu of Registration the original, a document purporting to be a copy of a copies document of record in any registry or land titles office of this or any other province or territory of Canada, or of the United Kingdom of Great Britain and Ireland, or of any British possession, or of any of the United States of America, certified a true copy under the hand and seal of the registrar; or purporting to be a copy duly certified by a notary or prothonotary of the Province of Quebec as a true copy of a document filed or enregistered with him and in his possession as such notary or prothonotary." amended 3. Clause (d) of subsection (1) of section 57 is amended Section 57 by adding thereto the words "or before a commissioner for oaths without Saskatchewan." amended 4. The first subsection of section 114 is repealed and Section 114 the following substituted therefor: notice "114.-(1) Unless the registrar shall see fit to order Service of otherwise, the notice, whether of intention to enter into possession of the land and receive, and take the rents, issues and profits thereof, or to sell or to apply for a foreclosure order, shall be served personally upon the person who was the registered owner of the land at the time when the notice was registered, and may be served upon all other persons required to be served under section 108 by forwarding to them by registered mail true copies thereof; and such service shall be deemed sufficient if a receipt from the postmaster for the letter containing |