case of appeals “(2) The procedure on appeal from such interlocutory Procedure in order, judgment or decision shall be the same as is or may be from interlocuprovided in the case of an appeal from a master of the tory orders, etc. supreme court. "(3) The order or decision of a judge upon appeal from Decision of such interlocutory order, judgment or decision shall not be final except subject to further appeal except by leave of the judge." appeal judge by leave Appointment of official guardian Duties Service on guardian for infants Notice of application for probate or administration addressed to guardian to be filed Clerk to forward notice 1915 CHAPTER 12 An Act respecting an Official Guardian. [Assented to June 24, 1915.] HIS Majesty by and with the advice and consent of the Legislative Assembly of Saskatchewan enacts as follows: 1. The Lieutenant Governor in Council may appoint one official guardian of infants for the province, who shall be a barrister-at-law or solicitor of not less than five years' standing in the United Kingdom of Great Britain and Ireland or in any province of Canada or in the North-West Territories or, for a portion of such period in one and for the remaining portion of such period in the other or others of the said United Kingdom, province or territories, and shall hold office during pleasure. 2. The official guardian, besides acting as a guardian ad litem of infants under rules of court and other orders, shall perform such other duties as the court or a judge may from time to time direct, or as may be fixed by order of the Lieutenant Governor in Council. 3. Infants required to be served with notice of any application to the court may be served by delivering to the official guardian a copy of the petition or other process required to be delivered, and from the time of such service the said official guardian shall be the guardian ad litem of the infant, unless and until the court or judge otherwise orders; and the said official guardian, or any other guardian appointed by the court for the infant, shall take all such proceedings as he may think necessary for the protection of the interests of the infant and attend actively to the interests of such infant, and for that purpose communicate with all proper parties. 4. On every application to a surrogate court for probate of will or letters of administration, where an infant is interested in the estate of the deceased, a notice in duplicate, addressed to the official guardian, shall be filed with the clerk of the surrogate court before which the application is made, setting out full particulars of the estate and of the various beneficiaries and the names, addresses and ages of the infants interested. 5. It shall be the duty of the said clerk, upon any such letters being granted, to forward one copy of such notice to the official guardian, together with a certificate of the date upon which such letters were issued. notices 6. On every application thereafter to the court in any such Subsequent estate, notice of such application shall be served upon the official guardian. apply to have administrator or executor 7. The official guardian may apply at the end of two years Guardian may from the date upon which the letters probate or letters of accounts of administration were issued, or at any other time or times when he may deem it advisable, to compel the administrator or execu- passed tor to pass his accounts, and upon such application the judge of the surrogate court may order that the executor or administrator do pass his accounts within a time to be fixed by the judge, and such order may be enforced by attachment proceedings, as if it were an order of the supreme court. 8. The same costs as are payable to counsel and solicitors Costs shall be payable to the official guardian, or his costs may be fixed at a lump sum by the court or judge who tries or hears the proceeding or application, and shall be paid out of the estate and form a charge thereon: Provided that the court or judge may order any other party to the proceeding or application to pay such costs, either with or without an order, permitting such other party to add such costs to his own. 9. All rules of court which may be inconsistent herewith Rules of court are hereby repealed in so far as they are inconsistent. Section 9 repealed Advances Regulations Death of lunatic Appointment of administrator HIS 1915 CHAPTER 13 An Act to amend the Act appointing an [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the 1. Section 9 of An Act to appoint an Administrator of Lunatics' Estates, being chapter 10 of the statutes of 1914, is hereby repealed and the following substituted therefor: "9. The Lieutenant Governor in Council may, upon recommendation of the provincial treasurer, authorise the provincial treasurer to advance to the administrator from time to time, by way of temporary loan from the general revenue fund of the province, such sums of money for such period and upon such terms and conditions as may be deemed requisite for the advantageous administration of any estate in his hands. "10. The Lieutenant Governor in Council may make regulations for determining what fees shall be charged for the administration of any or any class of lunatics' estates under this Act, for allowing interest on the moneys of such estates when in the hands of the administrator and generally for all or any matters connected with the conduct of the administration not specifically provided for by this Act. "(2) All fees received by the administrator shall form part of the general revenues of the province. "11. When a lunatic, of whose estate the administrator is guardian, dies, the administrator shall retain possession of the lands, personal estate, and effects of the deceased, and shall forthwith notify the minister of public works of the death. "12. The Lieutenant Governor in Council may thereupon appoint the administrator to be administrator of the estate of the deceased, and the administrator upon such appointment shall have all the powers, with respect to such estate, of an administrator to whom letters of administration have been granted by the court. Council to be “13. The administrator shall forthwith, upon receipt of Order in an Order in Council containing such appointment, file a filed duly certified copy thereof in the manner set forth in section 4 hereof, and the registrar shall file such copy among his records without fee." 2. Section 10 of the said Act is renumbered as section 14. |