Effect of judgment

Costs upon petition as against the suppliant

Recovery of costs by suppliant

ings, or upon a default to answer or plead in time, or after
hearing or verdict, or upon appeal, or otherwise, shall
be that the suppliant is or is not entitled either to the
whole or to some portion of the relief sought by his petition,
or such other relief as the Court thinks right, and such Court
may give a judgment that the suppliant is entitled to such
relief, and upon such terms and conditions (if any) as such
Court thinks just.
[1906, c. 20, s. 15.]

15. In all cases in which the judgment commonly
called a judgment of amoveas manus was formerly in England
pronounced or given upon a petition of right, a judgment
that the suppliant is entitled to relief as hereinbefore
provided shall be of such and the same effect as such judg-
ment of amoveas manus.
[1906, c. 20, s. 16.]

Costs.

16. Upon any such petition of right, the Attorney General or other person appearing on behalf of His Majesty, and every such other person as aforesaid who defends or pleads thereto, shall be entitled respectively to recover costs against the suppliant in the same manner, and subject to the same restrictions and discretion, and under the same rules, regulations and provisions, so far as they are applicable, as are or may be usually adopted or in force, touching the payment or receipt of costs in proceedings between subject and subject; and for the recovery of such costs, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon judgments or orders shall and may be prosecuted, sued out and executed respectively by or on behalf of His Majesty and of such other person as aforesaid as defends and pleads to such petition; and any costs recovered on behalf of His Majesty shall be paid to the Provincial Treasurer and form part of the general revenue fund of the Province.

[1906, c. 20, s. 17.]

17. Upon any such petition of right the suppliant shall be entitled to costs against His Majesty, and also against any other person defending or pleading to any such petition of right, in like manner, and subject to the same rules, regulations and provisions, restrictions and discretion, so far as they are applicable, as are or may be usually adopted to in force, touching the right to recover costs, in proceedings between subject and subject; and for the recovery of any such costs from any such person, other than His Majesty, defending or pleading in pursuance hereof to any such petition of right, such and the same remedies and writs of execution as are authorized for enforcing payment of costs, judgments or orders in actions between subject and subject shall and may be prosecuted, sued out and executed on behalf of such suppli[1906, c. 20, s. 18.]

ant.

Enforcing Judgment Against Crown.

certificate Treasurer

18. Whenever upon such petition of right, a judgment Judge's or order is given or made that the suppliant is entitled to Provincial to relief, and there is no appeal, and whenever upon an appeal a judgment or order is affirmed, given or made that the suppliant is entitled to relief, and whenever any judgment or order is given or made entitling the suppliant to costs, any one of the judges of the Supreme Court shall and may, upon application in behalf of the suppliant, after the lapse of fourteen days from the making, giving or affirming of such judgment or order, certify to the Provincial Treasurer the tenor and purport of the same, in the words or to the effect of the form in schedule D to this Act; and such certificate may be sent to or left at the office of the Provincial Treasurer during office hours. [1906, c. 20, s. 19.]

judgment and

19. Upon the tenor and purport of any judgment or Payment of order being certified to him as aforesaid, the Provincial costs Treasurer shall pay out of any moneys in his hands, for the time being legally applicable thereto or which may be thereafter voted by the Legislature for that purpose, the amount of any moneys and costs awarded by such judgment or order to the suppliant in any such petition of right. [1906, c. 20, s. 20.]

Saving of Other Proceedings.

20. Nothing in this Act contained shall prevent any Saving of other suppliant from proceeding as before the passing of this

proceedings

Act.

[1906, c. 20, s. 21.]

SCHEDULE A.

(Section 3.)

PETITION.

In the Supreme Court of Alberta.

To the King's Most Excellent Majesty:

PROVINCE OF ALBERTA, The humble petition of A.B., of Petition

PROVINCE OF ALBERTA,}
TO WIT:

by his attorney, E.F., of

sheweth that (state the facts).

Conclusion.

Your suppliant, therefore, humbly prays, etc.

Your suppliant humbly proposes that this petition be tried

at.

Dated the..

.day of.

.A.D. 19. . . . (Signed) A.B.,

(or C.D., solicitor for A.B.)

I, A.B., the within suppliant (or I, C.D., solicitor or agent for the said A.B.) make oath and say that the facts and

matters and things in the within named petition set forth and contained are true, to my personal knowledge. Sworn, etc.

or C.D.

(Signed) A.B.,

[1906, c. 20, Schedule A.]

SCHEDULE B.

(Section 5.)

INDORSEMENT ON PETITION.

The suppliant prays for a statement of defence on behalf of His Majesty within twenty-eight days after the date hereof, or otherwise that the petition may be taken as confessed. [1906, c. 20, Schedule B.]

You are hereby required to file your statement of defence to the within petition in the office of the Clerk of the Supreme Court of Alberta for the Judicial District of..... ..at.... within twenty days after the

date of service hereof.

Take notice that if you fail to defend in due time the said petition may, as against you, be ordered to be taken as confessed.

Dated, etc.

[1906, c. 20, Schedule C.]

SCHEDULE D.

(Section 18.)

CERTIFICATE OF JUDGMENT FOR SUPPLIANT.

In the Supreme Court of Alberta. To the Honourable the Provincial Treasurer: A.B., suppliant I hereby certify that on the..

VS.

The King.

Dated, etc.

of....
A.D. 19... it was by
the said Supreme Court of Alberta ad-
judged (or ordered) that the above named
suppliant was entitled to, etc.

Judge's Signature.

[1906, c. 20, Schedule D.]

CHAPTER 95.

An Act exempting Certain Property from Seizure and Sale under Execution.

HIS

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Exemptions Act."
[C.O. 1898, c. 27, s. 1.]

Exemptions.

Short title

from seizure

2. The following real and personal property of an Exemptions execution debtor is hereby declared free from seizure by virtue of all writs of execution, namely:

(a) The necessary and ordinary clothing of himself
and his family;

(b) Furniture, household furnishings, dairy utensils,
swine and poultry to the value of five hundred
dollars;

(c) The necessary food for the family of the execution
debtor during six months which may include grain
and flour or vegetables and meat either prepared
for use or on foot;

(d) Four oxen, horses or mules or any four of them,
six cows, six sheep, four pigs and fifty domestic
fowls besides the animals the execution debtor
may have chosen to keep as necessary food for
his family and food for the same for the months
of November, December, January, February,
March, and April, or for such of these months
or portions thereof as may follow the date of
seizure, or of attempted or proposed seizure,
provided such seizure be made, attempted or
proposed between the first day of August and the
thirtieth day of April next ensuing;

The harness necessary for four animals, one wagon
or two carts, one mower or cradle and scythe,
one breaking plough, one cross plough, one set of
harrows, one horse rake, one sewing machine,
one reaper or binder, one set of sleighs and one
seed drill;

(f) The books of a professional man;

(g) The tools and necessary implements to the value
of two hundred dollars used by the execution
debtor in the practice of his trade or profession;

Debtor's choice

Article forming
consideration
of judgment

Rights of family of deceased debtor

(h) Seed grain sufficient to seed all his land under cultivation not exceeding one hundred and sixty acres, at the rate of two bushels per acre, and as selected by the execution debtor, and fourteen bushels of potatoes;

(i) The homestead of an execution debtor actually occupied by him, provided the same be not more than one hundred and sixty acres; in case it be more the surplus may be sold subject to any lien or incumbrance thereon;

(j) The house actually occupied by the execution debtor and buildings used in connection therewith, and the lot or lots on which the same are situate according to the registered plan of the same; provided the value of such house, building and lots does not exceed three thousand dollars, but if such value does exceed three thousand dollars, the house, building and lots may be offered for sale, and if the amount bid thereat, after deducting all costs and expenses exceeds three thousand dollars, the property shall be sold, and the amount to the extent of the exemption shall at once be paid over to the execution debtor and shall till then be exempt from seizure under any legal process, but no such sale shall be carried out or possession given to any person thereunder, until the execution debtor shall have received three thousand dollars.

[C.O. 1898, c. 27, s. 2; 1922, c. 4, s. 15.]

General.

3. The execution debtor shall be entitled to a choice from the greater quantity of the same kind of articles which are hereby exempted from seizure.

[C.O. 1898, c. 27, s. 3.]

4. Nothing in this Act shall exempt from seizure any article the price of which forms the subject matter of the judgment upon which the execution is issued, except articles intended for the food, clothing and bedding of the execution debtor and his family. [C.O. 1898, c. 27, s. 4.]

5. In case of the death of the execution debtor, his property exempt from seizure under execution shall be exempt from seizure under execution as long as the said property is in the use and enjoyment of the widow and infant children or widow or infant children of the deceased and is necessary for the maintenance and support of. his widow and infant children or any of them.

[C.O. 1898, c. 27, s. 5.]