References to court en banc Proclamation but has not been argued, the proceedings may be carried to completion in the court of appeal as if originally instituted there. 27. All references in statutes and rules of court, in force at the date of the coming into force of this Act, to the supreme court of Saskatchewan sitting en banc, shall be construed as applying to the court of appeal, where such application is not negatived by.the context. 28. This Act shall come into force upon such date as may be fixed by proclamation of the Lieutenant Governor in Council. 1915 CHAPTER 10 An Act respecting the Court of King's Bench. HIS [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The King's Bench Act." INTERPRETATION. Short title 2. In this Act, unless the context otherwise requires, the Interpretation expression: 1. "Court" means "his Majesty's Court of King's Bench "Court" for Saskatchewan"; 2. "Cause" includes any action, suit or other original "Cause" proceeding between a plaintiff and a defendant; 3. "Action" includes suit and means a civil proceeding "Action" commenced by writ, or in such other manner as is or may be prescribed by this Act or by rules of court; 4. "Matter" includes every procceding in the court not in "Matter" a cause; 5. "Originating summons" means a summons by which "Originating proceedings are commenced without writ; summons 6. "Plaintiff" includes any person asking any relief (other- "Plaintiff' wise than by way of counterclaim as a defendant) against any other person by any form of proceeding whether the same is taken by action, suit, petition, motion, summons or otherwise; 7. "Petitioner" includes every person making any appli- "Petitioner " cation to the court, either by petition, motion or summons, otherwise than as against any defendant; 8. "Defendant" includes every person served with any "Defendant" writ of summons or process, or served with notice of, or entitled to attend, any proceedings; 9. "Party" includes every person served with notice of, or "Party" attending, any proceedings, although not named in the record; 10. "Person" includes a body corporate or politic; "Person" 11. "Local registrar" means the local registrar of his Majesty's court of king's bench for Saskatchewan, and includes his deputy and, where the context requires, a process issuer; 12. "Sheriff" includes deputy sheriff, duly appointed bailiffs, and, when occasion requires, coroner or other person discharging the duties of sheriff in the particular case or for the time being; 13. "Pleading" includes a petition or summons (other than a writ of summons), and also the statement in writing of the claim or demand of a plaintiff, and of the defence or the counterclaim of a defendant thereto, and of the reply of the plaintiff to a defence or counterclaim of a defendant, and of the defendant's rejoinder to such reply; 14. "Judgment" includes decree; 15. "Order" includes rule; 16. "Affidavit" or "oath" includes affirmation where authorised by law; 17. "Rules of court" means the rules provided for by this Act and includes forms; 18. "Lunatic" includes an idiot or other person of unsound mind; 19. "Execution creditor" includes an assignee of the execution creditor; 20. "Local master" means a local master of his Majesty's court of king's bench, and includes a judge of a district court lawfully performing the duties of a local master of his Majesty's court of king's bench. SUPREME COURT ABOLISHED. 3. The supreme court of Saskatchewan and the officers both judicial and ministerial thereof, as well as the jurisdiction powers and authority belonging to the said court, are hereby abolished. Organisation Title of court ORGANISATION. 4. There is hereby established in and for the Province of Saskatchewan a superior court of record having civil and criminal jurisdiction, which court shall be called "his Majesty's Court of King's Bench for Saskatchewan." 5. The said court of king's bench shall during the reign of a king be called "his Majesty's Court of King's Bench for Saskatchewan," and during the reign of a queen "her Majesty's Court of Queen's Bench for Saskatchewan"; and in all writs, pleadings, petitions, notices, documents and proceedings in the court, the court shall be sufficiently designated by the words "In the King's Bench" or "In the Queen's Bench" as the case may be. SEAL OF COURT. court 6. The Lieutenant Governor in Council may from time Seal of to time determine the seal to be used in said court, by which its proceedings shall be certified and authenticated; but until another seal is adopted, the seal heretofore in use in the supreme court of Saskatchewan may be used therefor. JUDGES. 7. The court shall consist of a chief justice, who shall be Judges styled "The Chief Justice of the King's Bench," and five other judges; and subject to this Act and to any rules of court for the time being in force, the court may be held before the chief justice or before any one or more of the judges of the court. judges have 8. Save as in this Act is otherwise expressly provided all Otherwise the judges and their successors shall have in all respects equal power equal power, authority and jurisdiction. 9. The judges of the said court shall be ex officio justices Judges to be of the peace and coroners for the province. ex officio coroners office 10. The oath to be taken by the chief justice and judges Oath of to be hereafter appointed shall be the following: of I, oath of in the Province Form of do swear that I will well and truly serve our sovereign lord the king in the office of a judge of his Majesty's court of king's bench for Saskatchewan, and that I will duly and faithfully, and according to the best of my ability and knowledge, execute the several duties and powers imposed on me as one of the judges of the said court. Sworn at of this day oath to be 11. The oath shall be administered to the chief justice By whom and other judges by the Lieutenant Governor, or by such administered other person as may be appointed by him to administer the same, or by any person appointed by the Governor General to administer such oaths of office. Jurisdiction of the supreme court Jurisdiction, how exercised JURISDICTION. 12. The court shall be a court of original jurisdiction, and shall in addition to any other jurisdiction, rights, powers, incidents, privileges and authorities which have hitherto been vested in or capable of being exercised within the province by the supreme court of Saskatchewan, possess the jurisdiction which in England, prior to The Supreme Court of Judicature Act 1873, was vested in and capable of being exercised by: (a) The high court of chancery as a common law court as well as a court of equity, including the jurisdiction of the master of the rolls as a judge or master of the court of chancery and any jurisdiction exercised by him in relation to the court of chancery as a common law court; (b) The court of queen's bench; (c) The court of common pleas at Westminster; (d) The court of exchequer as a court of revenue as well as a common law court; (e) The court of probate; (f) The courts created by commissions of assize, of Oyer and Terminer and of gaol delivery, or any of such commissions. (2) The jurisdiction aforesaid shall include: (a) The jurisdiction which has hitherto been vested in or capable of being exercised by all or any one or more of the judges of the supreme court of Saskatchewan; (b) The jurisdiction which in England, prior to the passing of The Supreme Court of Judicature Act 1873 was vested in, or capable of being exercised by, all or any one or more of the judges of the courts above mentioned sitting in court or chambers or elsewhere, when acting as judge in pursuance of any statute, law or custom; and all powers given to any such court or to any such judges or judge by any statute; and also all ministerial power, duties. and authorities incident to any and every part of the jurisdiction so conferred. 13. The jurisdiction of the court shall be exercised, so far as regards the procedure and practice therein, in the manner provided by this Act and the rules of court in force in Saskatchewan, or in the manner provided by rules of court made from time to time under the authority of this |