sustained by any person, the court which, or the judge, or the person who by consent of parties, or otherwise, has power to fix the amount of such damages or compensation, may order that the person in respect of whose injury damages or compensation are sought shall submit himself to a physical examination by a duly qualified medical practitioner who is not a witness on either side and may make such order respecting the examination and the costs of it as may be deemed proper. by judge and (2) The medical practitioner shall be selected by the court, Medical judge, or person making the order, and may afterwards be to be selected a witness on the trial unless the court, judge or person before may be a whom the action or proceeding is tried otherwise directs. TENDER OF AMENDS IN CASE OF TORTS. witness amends in 32. A person who has committed a wrong giving a cause Tender of of action for the recovery of damages to the person wronged case of torts may at any time before action tender amends; and the tender shall have the same effect as a tender in an action for the recovery of a debt. JUDICIAL DISTRICTS. be divided judicial 33. Unless otherwise provided by the Lieutenant Gover- Province to nor in Council, the province shall continue, for the purposes into seventeen of this Act, to be divided into seventeen judicial districts as districts set out in The District Courts Act and in proclamations of the Lieutenant Governor in Council dated the thirtieth day of November, 1912, and the twenty-seventh day of February, 1915. Governor in (2) The Lieutenant Governor in Council may by procla- Lieutenant mation from time to time alter the limits of any of the said Council judicial districts and may establish new districts. may alter districts and create new districts trial of 34. Actions shall be entered and unless otherwise ordered Entry and tried in the judicial district where the cause of action arose actions or in which the defendant or one of several defendants resides or carries on business at the time the action is brought: Provided, however, that where the venue has been settled Proviso by agreement in writing between the parties the plaintiff may at his option exercise the rights given by such agree ment. (2) Noncompliance with the provisions of the first sub- Noncompliance section of this section shall not render the entry of an action void unless the court or a judge shall so direct but the proceeding shall be deemed an irregularity and may be dealt with as in case of noncompliance with a rule of court or of practice. Action entered in wrong (3) Where an action has been entered in the wrong judijudicial district cial district the court or a judge may at any stage of the proceedings order the record to be transferred to the proper office of the district in which the action should have been entered upon such terms as to costs or otherwise as may seem just. Sheriff Local registrar Seal of local registrar Sheriff and local registrars to be officers of the court generally Process issuers OFFICERS. 35. For each judicial district the Lieutenant Governor in Council may appoint a sheriff and also a clerk or officer of the court to be styled "The Local Registrar of the Court of King's Bench for the Judicial District of and may name the place at which such sheriff and local registrar shall reside and keep an office. 36. Each local registrar of the court shall use such a seal for sealing process issued out of court in the judicial district for which he is appointed as the Lieutenant Governor in Council approves. 37. Every sheriff and local registrar of the court shall be an officer of the court generally and not merely of the judge sitting or acting in his judicial district and shall obey the lawful orders of the said court and of the judges thereof in whatever judicial district such orders are made. 38. In any place in any judicial district where the convenience of the public may be better served thereby the Lieutenant Governor in Council may appoint a process issuer who shall be supplied with blank forms of original and mesne process signed by the local registrar, and such process issuer may issue the same under directions of the local registrar, countersigning each one so issued and making returns of all process so issued when and as required by the local registrar or as directed by the Lieutenant Governor in Council. Lieutenant Governor in Council may appoint official shorthand writers Reporter officer of the court SHORTHAND REPORTERS. 39. The Lieutenant Governor in Council may appoint one or more official shorthand writers or court reporters for the purpose of taking and reporting the evidence at trials and the opinions, decisions and judgments which may from time to time be given, made and pronounced by a judge or the court, and each reporter so appointed shall perform such other duties as may be assigned by order of the Lieutenant Governor in Council or be fixed under any rule of court. (2) Every such reporter shall be an officer of the court and shall hold office during the pleasure of the Lieutenant Governor in Council. taken by (3) Every such reporter shall take the following oath Oath to be before a judge of the court and the same shall be filed by the reporter local registrar of the court: I, do solemnly and sincerely promise and swear that I will faithfully take and report the evidence and proccedings at the trial in each case in which it may be my duty to act as official shorthand writer or court reporter. So help me God. of evidence effect as (4) Any copy of the evidence or any portion thereof certi- Certified copy fied by the reporter taking the same or by the local registrar to have same of the court with whom the same has been filed shall for all original purposes have the same effect as the original evidence. MASTER IN CHAMBERS, REFEREE AND LOCAL MASTERS. of master 40. The Lieutenant Governor in Council may from time Appointment to time appoint a master in chambers who shall reside at the in chambers` seat of government in the province. of official 41. The Lieutenant Governor in Council may from time Appointment to time appoint an official referee for the trial of such causes referee as may be directed to be tried by a referee. the court 42. Subject to the orders of the Lieutenant Governor in Officers of Council the master in chambers and the official referee shall be respectively officers of the court and attached thereto. district courts 43. The judges of the district courts, except the judges of Judges of the the district court of the judicial district of Regina when to be ex officio sitting at the seat of government, shall be ex officio local masters of the king's bench. local masters of local 44. The jurisdiction, powers and authority to be exercised Jurisdiction by the master in chambers, the referee in chambers, and the masters to be judges of the district court acting as local masters, shall be of court such as may be assigned to them respectively by rules of court. (2) Subject to rules of court an appeal shall lie from a Appeals decision of the master in chambers of an official referee or of a local master, to a judge in chambers. may refer (3) The master in chambers, an official referee or a local Local master master may refer any matter pending before him to a judge matter to for decision, and the judge may dispose of or refer the same decision, etc. back in whole or in part. judge for confined to (4) No local master shall exercise the jurisdiction hereby Jurisdiction conferred except in causes, actions or matters brought or judicial pending in the judicial district for which he is, or is acting for, the judge of the district court. district 45. Notwithstanding anything contained in section 41 hereof and subject to the rules of court, the master in chambers and local masters may be required to act as official referees for the trial of such questions as may be directed to he tried by the official referee. Demand for a jury Discretion of trial judge Special verdict when directed Jury to answer questions TRIAL AND PROCEdure. 46. In actions for libel, slander, criminal conversation, seduction, malicious arrest, malicious prosecution or false imprisonment no matter what may be the amount claimed, and in actions where the claim, dispute or demand arises out of a tort, wrong or grievance in which the amount claimed exceeds $500; and in actions for a debt or on a contract in which the amount claimed exceeds $1,000, if either party to the action demands a jury and files with the local registrar and leaves with the other party or his solicitor at least fifteen days before the day fixed for trial a notice to that effect, the issues of fact and the assessment or inquiry of damages shall be tried, heard and determined by a judge with a jury unless otherwise ordered by the judge. (2) Subject to the provisions of this section, in civil trials issues of fact and the assessment or inquiry of damages shall be heard and determined and judgment given by a judge without a jury. 47. Notwithstanding anything in the next preceding seetion contained a judge presiding at a trial may in his discretion direct that the action or issues shall be tried or the damages assessed by a jury. 48. Upon any trial with a jury of any action except an action for libel the jury shall if so directed by the judge give a special verdict and if not so directed may give either a general or special verdict. 49. Upon a trial with a jury of any action except an When directed action for libel, slander, criminal conversation, seduction, malicious arrest, malicious prosecution or false imprisonment, the judge instead of directing the jury to give either a general or a special verdict may direct the jury to answer any questions of fact stated to them by the judge for the purpose, and on the finding of the jury upon the questions which they answer the judge may direct judgment to be entered. Judge in chambers may announce himself sitting in court 50. A judge sitting in chambers, if he shall announce that he is sitting in court, shall have, possess, exercise and enjoy all the powers and authorities, rights, privileges, immunities and incidents of the said court, and any judgment given or decision or determination or rule, order or decree made by him while sitting as aforesaid in respect of any matter lawfully brought before him, shall be subject to appeal to the court of appeal. RULES OF COURT. 51. All rules of court in force in the supreme court of Saskatchewan immediately prior to the coming into force of this Act, and which are not inconsistent herewith, are hereby declared to be and always to have been valid and effectual, and shall remain and be in force in the court of king's bench until altered or annulled by rules made under this Act. (2) The court may at any time with the concurrence of a majority of the judges thereof alter, amend and repeal any rules of court for the time being in force; and may make any further or additional rules of court for carrying this Act into effect and in particular for all or any of the following matters, that is to say: (a) For regulating the sittings of the court including (b) For regulating the pleading, practice and procedure (c) Fixing the vacations; (d) For empowering the master in chambers or official (i) The liberty of the subject; (ii) The quashing or reviewing of any proceedings by means of a writ of certiorari; (iii) Appeals and applications in the nature of appeals and applications concerning the hearing of appeals; Present rules in force |