Judges may make rules of court for district and surrogate courts Statutory provisions as to practice and procedure may be modified (iv) Applications by executors, administrators or trustees for advice; (v) Proceedings in lunacy and with respect to the estates of lunatics; (vi) Applications with respect to the sale or other disposition of infants' estates or matters affecting the custody of infants; (e) For providing a table or tariff of fees and allowances for services by barristers, solicitors and counsel in all causes, actions and matters in the court, of fees and charges by sheriffs, local registrars and all other officers of the court and of witnesses, jurors and of all fees, charges and allowances proper to be fixed or provided for under this Act and rules of court; (f) For the hearing of appeals from a judge of a district court in chambers and for regulating all matters relating to the practice on such appeal; (g) Any provisions relating to the payment, transfer or deposit into or in or out of any court or of any money or property or to the dealing thereof shall for the purposes of this section be deemed to be provisions relating to practice and procedure; (h) Generally for regulating any matters relating to the practice and procedure of the court or to the duties of the officers thereof or to the cost of proceedings therein and every other matter deemed expedient for the better attaining the ends of justice, advancing the remedies of suitors and carrying into effect the provisions of this Act and of all other Acts now or hereafter in force respecting the court. (3) The judges of the court shall have the same authority to make rules with respect to district courts and surrogate courts as they possess with respect to the court, except that such rules shall not regulate the sittings of the said district or surrogate courts. (4) Where any provision in respect to the practice or procedure of any court the jurisdiction of which is vested by the Act in the court is contained in any Act, rules of court may be made for modifying such provisions to any extent that may be deemed necessary for adapting the same to the said court unless in the case of any Act hereafter passed the power shall be expressly excluded. (5) All rules made by the judges under this Act shall, with as little delay as possible, be published in The Saskatchewan Gazette. SITTINGS OF COURT AND DISTRIBUTION OF BUSINESS. sit at any place subject 52. Subject to the rules of the court, the court and the Court may judges thereof respectively shall have power to sit and act time and at any time and at any place within the province for the to rules of transaction of any part of the business of the court or of court such judges or for the discharge of any duty which by any statute or otherwise is required to be discharged. (2) Every action and proceeding in the court and all business arising out of the court shall, so far as practicable and convenient, be heard, determined and disposed of before a single judge; and all proceedings in an action subsequent to the hearing or trial and down to and including final judgment or order, shall, so far as it is practicable and convenient, be had and taken before the judge before whom the trial or hearing of the cause took place. of court 53. Whenever by reason of unavoidable absence or inabil- Adjournments. ity of a judge to be present, a sitting of the court cannot be held on the day appointed for holding the same, the local registrar or his deputy shall adjourn the court to an hour on the following day to be by him named and so on from day to day until the judge is present to open the court or until he receives other directions from the judge in that behalf; and an entry of the adjournment and the cause thereof shall be made by the local registrar or his deputy. commissions 54. Commissions of assize or any other commissions, Commissions either general or special, may be issued by the proper author-other ity assigning to the persons or person to be therein named, the duty of trying and determining within any place or district specially fixed for that purpose by such commission any causes or matters or any questions or issues of fact or of law, or partly of fact and partly of law, in any cause or matter depending in the said court; or the exercise of any civil or criminal jurisdiction capable of being exercised by the said court. (2) Any commission so issued shall be of the same validity as if it were enacted by the body of this Act; and any commissioner or commissioners shall when engaged in the exercise of any jurisdiction so assigned to him or them be deemed to constitute a court. practice 55. Nothing in this Act shall affect the practice or pro- Certain cedure in criminal matters, or matters connected with unaffected Dominion controverted elections or proceedings on the Crown or revenue side of the court. APPEALS. Orders which are not appealable Repeal of rules References to supreme -court Concerning judgment not Enforcement of judgments, etc., of the supreme court of Saskatchewan Actions pending at time of coming into force of this Act 56. No order made by the court, or any judge thereof, by the consent of parties, or as to costs only which by law are lett to the discretion of the court, shall be subject to any appeal, except by leave of the court or judge making such order. SAVING CLAUSES. 57. The Judicature Act, being chapter 52 of The Revised Statutes of Saskatchewan 1909, and all enactments and rules inconsistent with this Act, in so far only as they are inconsistent, are hereby repealed and all amendments necessary to the carrying out of the intention of this Act shall be deemed to have been hereby made to all such enactinents and rules, but only to the extent neces ary to carry out such intention fully and completely. 58. All references in statutes and rules of court, in force at the date when this Act comes into operation, to the supreme court of Saskatchewan other than references to such supreme court sitting en banc shall be construed as applying to the court of king's bench where such application is no: negatived by the context. 59. In all actions, causes, matters and proceedings whatsoever which shall have been heard and in which any judgment, decree, rule or order shall not have been given or having been given shall not have been signed, drawn up, passed, entered or otherwise perfected at the time appointed for the commencement of this Act such judgment, decree, rule or order may be given or made, signed, drawn up, passed, entered or perfected respectively after the commencement of this Act and by the judges and officers to be appointed under this Act and generally in the same manner in all respects as if this Act had not passed; and the same shall take effect to all intents and purposes as if the same had been duly perfected before the commencement of this Act. (2) Every judgment, decree, rule or order of the supreme court of Saskatchewan which shall have been duly perfected at any time before the commencement of this Act may be executed and enforced and if necessary amended or discharged by the court in the same manner as if it had been a judgment, decree, rule or order of the court made after the coming into force of this Act. (3) All causes, actions and proceedings whatsoever either civil or criminal which shall be pending in the supreme court of Saskatchewan at the commencement of this Act shall be continued and concluded in and before the court by this Act created and the judges and the officers thereof according to the practice and procedure in force at the commencement of this Act and in the same manner in all respects as if this Act had not been passed and the said court and the judges thereof shall have jurisdiction for so continuing and concluding the same; and nothing in this Act or the rules of court made hereunder shall be construed as having a retrospective operation or effect as to such last mentioned causes, actions and proceedings or the continuing and concluding thereof. 60. This Act shall come into force upon such date as may be fixed by proclamation of the Lieutenant Governor in Council. Section 29 amended Where action not so brought Where entered in wrong H 1915 CHAPTER 11 An Act to amend The District Courts Act. [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the 1. Section 29 of The District Courts Act, being chapter 53 of The Revised Statutes of Saskatchewan 1909, is amended by adding thereto the following: "(2) Noncompliance with the provisions of the first subsection of this section shall not render the entry of an action void unless the judge shall so direct, but the proceeding shall be deemed an irregularity and may be dealt with as in ease of noncompliance with a rule of court or of practice. "(3) Where an action has been entered in the wrong judijudicial district cial district, the judge may at any stage of the proceedings order the record to be transferred to the district court of the district in which the action should have been entered, upon such terms as to costs and otherwise as may seem just. Record to be transferred Section 56 substituted Appeals where amount involved exceeds $50 "(4) In the event of an order being so made, the clerk of the district court in which the action was commenced shall forthwith transmit all papers therein to the clerk of the district court to which the matter has been transferred, and all subsequent proceedings shall be entitled in such last mentioned court and carried on as if the proceedings had originally been commenced therein." 2. Section 56 of the said Act is hereby repealed, and the following substituted therefor: "56. In every civil action in the district court where the amount in controversy is over fifty dollars an appeal shall lie: "(a) In the case of an interlocutory order, judgment or decision, to a judge of the supreme court of Saskatchewan in chambers; "(b) In the case of a final order, judgment or decision, to the supreme court en banc. |