Description of area upon which crop is insured.

Section....Township...

Wheat Oats Barley Flax

Total

Range.. West.. Meridian No. of No. of No. of No. of

North-east qr. of section..

Acres

Acres

Acres

Acres

North-west

Tenure of holding (whether as owner, or under homestead entry, contract to purchase, lease or otherwise).

Interest of applicant in crops to be insured.

To whom indemnity is payable should loss occur.

..cents

acres

In accordance with the provisions of The Hail Insurance Ordinance 1901 in that behalf I hereby make application for insurance against loss or injury caused by hail and enclose herewith the sum of.... ....dollars and... being at the rate of. . . . . . . cents for each of the. described above. I agree to all of the conditions prescribed by the said Ordinance; and I further agree that should any statement made or to be made by me in connection with this my application for insurance and any contract which may thereupon be entered into prove to be a misstatement such misstatement shall nullify such contract and I shall forfeit all claims under the said Ordinance.

I declare that the crop of wheat, oats, barley and flax or any of them set out and described in this application is all the crop of each of them respectively growing upon each quarter section or river lot mentioned in the application in which I have any interest whatsoever.

Dated...

in the presence of.

.190..

of

Post Office.

Applicant.

CHAPTER 10.

An Ordinance to amend Chapter 21 of The Consolidated Ordinances 1898 intituled "An Ordinance respecting the Administration of Civil Justice."

[Assented to June 12, 1901.]

HE Lieutenant Governor by and with the advice and

enacts as follows:

section 10

1. Section 10 of The Judicature Ordinance is hereby Clause 12, amended by adding at the end of clause 12 thereof the following amended words: "and it is hereby declared that the provisions of The Canada Evidence Act 1893 as now or hereafter from time to time amended apply to all proceedings or matters over which the Legislative Assembly of the Territories now has or hereafter shall have jurisdiction."

amended

2. Rule 18 of the Rules of Court of the said Ordinance is Rule 18 hereby amended by adding thereto the following clause:

9. The action is for any other matter and it appears to the satisfaction of the judge that the plaintiff has good cause of action against the defendant upon a contract or judgment and that the defendant has assets in the Territories of the value of $200 at least which may be rendered liable for the satisfaction of the judgment in case the plaintiff should recover judgment in the action; but in such case if the defendant does not appear the court or a judge shall give directions from time to time as to the manner and conditions of proceeding in the action and shall require the plaintiff before obtaining judgment to prove his claim before a judge or jury or in such manner as

may seem proper.

3. Rule 99 of the said Rules of Court is hereby amended by Rule 99 adding thereto the following words:

Provided that no final judgment of nullity of marriage shall be entered (whether or not there is default of appearance or defence) until the court or judge is satisfied by evidence of the truth and sufficiency of the facts on which the claim for such judgment is founded.

amended

4. Rule 225 of the said Rules of Court is hereby repealed New rule 225 and the following substituted therefor:

225. The costs of every interlocutory viva voce examination.

and cross examination shall be borne by the party who examines unless otherwise ordered by the court or a judge,

Rule 388 amended

Rule 427 amended

Rule 429 amended

Rule 430 amended

New rule 456a

5. Rule 388 of the said Rules of Court is hereby amended by striking out all of the words of subrule (2) thereof after the word "upon" where it occurs therein and substituting therefor the words "the Territorial Treasurer or Assistant "Territorial Treasurer in their respective offices."

6. Rule 427 of the said Rules of Court is hereby amended by striking out clause 4 thereof.

7. Rule 429 of the said Rules of Court is hereby amended by adding thereto the following subrule:

(2) The defendant or his agent (except in case of distress for rent or damage feasant) shall have the right to retain possession of the property described in the writ or any portion thereof if he shall give approved security to the sheriff in the form F (1) in the schedule hereto with such variations as circumstances may require; such security shall be assigned on request to the plaintiff by the sheriff indorsing his name thereon; and such indorsement shall be sufficient to enable such plaintiff to bring action thereon in his own name against the several parties who have executed such security.

8. Rule 430 of the said Rules of Court is hereby amended by adding the following clause thereto :

3. If the property is retained by the defendant under subrule (2) of Rule 429, the names, places of residence and occupation of the parties and the date of the bond taken from the defendant and the names of the witnesses thereto.

9. Order XXXVIII is hereby amended by adding thereto the following rule:

456a. In all proceedings before the court or judge to recover the amount due under a mortgage whether such proceedings be by way of action or by originating summons for the foreclosure or sale of the mortgaged property on in any other way if the moneys secured by the mortgage are payable both as to principal and interest by monthly instalments for an indefinite period dependent for its duration upon computations resulting from the investment of either the whole or a portion of such monthly instalments by the mortgagee the mortgagee shall if ordered by the court or judge so to do before being entitled to a judgment or to a final order for sale or foreclosure of the mortgaged premises produce to the court or judge all the original books and accounts, papers and documents in connecproduce books tion with the loan and show therefrom how the amount claimed to be due on such mortgage is made up.

Mortgagee may be required to

New rules

523 (a) and 523 (b)

Taxations

10. The following new rules are added after Rule 523 of the said Rules of Court:

523a. Where costs are to be paid or borne by another party between party no costs are to be allowed which do not appear to the clerk to have been necessary or proper for the attainment of justice or defending the rights of the party.

and party

5236. Between party and party the clerk shall not allow the Costs of uncost of proceedings;

(a) Unnecessarily taken;

(b) Not calculated to advance the interests of the party
on whose behalf the same were taken;

(c) Incurred through over caution, negligence or mistake; unless he is of opinion that such proceedings were taken by the advocate because in his judgment reasonably exercised they were conducive to the interests of his client.

necessary proceedings not to be taxed

case of

between

when costs

(2) Between solicitor and client the clerk may allow the Exceptions in costs of proceedings taken as mentioned in the above clauses (a) taxation and (c) of this Rule where he is of the opinion that such solicitor and proceedings were taken by the advocate because in his his client judgment reasonably exercised they were conducive to the incurred at interests of his client and may allow the costs of proceeds after notice taken as mentioned in clause (b) where the same were taken that by the desire of the client after being informed by his advocate unnecessary that the same were unnecessary and not calculated to advance the interests of the client.

client's request

proceedings

11. Form A in the schedule to the said Rules of Court is Form A hereby amended by striking out the word "commanded" amended where it occurs therein and substituting therefor the word "notified."

amended

12. Form C in the schedule to the said Rules of Court is Form C hereby amended by striking out the word "ten" when it occurs therein and substituting therefor the word "twenty."

13. Form F (1) is hereby added after Form F in the New form F schedule to the said Rules of Court as follows:

FORM F (1).

BOND TO RETAIN POSSESSION OF PROPERTY.

Know all men by these presents that we, C.D. (defendant)

of...

and G H. of.

held and firmly bound to.

of the....

sum of..

E.F. of..
of......

are jointly and severally

...the sheriff

.judicial district in the

..dollars of lawful money to be paid to the said sheriff, his successor in office, or either of their assigns, for which payment well and truly to be made we bind ourselves, and each and every of us in the whole, our and every of our heirs, executors and administrators, firmly by these presents.

Sealed with our seals, dated this......

of..

..one thousand nine hundred and..

..day

Whereas the said C.D. claims to retain certain cattle (or

(1)

Small debt tariff amended

goods) to wit:

, to recover possession of

which A.B. has obtained a writ of replevin.

Now the condition of this obligation is such that if the court shall adjudge that the said cattle (or goods) shall be restored to the said A.B., with or without damages for detaining the same, then if the said C.D. shall restore the said cattle (or goods) and pay and satisfy any judgment that may be recovered against him this obligation shall be void, but otherwise shall remain in force.

Signed, sealed and delivered
in the presence of

C.D. [L.S.]

E.F. [L.S.

G.H. [L.S.]

(Where the defendant himself does not join in the bond the form must be altered to conform to the fact.)

14. The small debt tariff in the schedule to the said Rules of Court is hereby amended:

1. By striking out the words "one way" where they first occur under the heading "Sheriff's Fees" in the said tariff, and 2. By adding at the end under the said heading "Sheriff's Fees" the following words:

"Receiving, entering and returning every writ of

execution..

..25 cents."