Miscellaneous. sheriffs, etc. 57. Sheriffs, deputy sheriffs, gaolers, constables and other Duties of peace officers shall aid, assist and obey the Court and the judges thereof respectively in the exercise of the jurisdiction conferred by this Act. [1919, c. 3, s. 57.] matters ultra Province 58. Nothing in this Act shall be deemed to be intended Provision as to to affect the procedure in criminal matters or any other tires of the matter which by law is not within the cognizance of the Legislature of the Province. [1919, c. 3, s. 58.] CHAPTER 73. An Act respecting the District Courts. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Interpretation Action or suit Cause Claim Clerk Defendant Judge Judgment Matter Order Party Person 1. This Act may be cited as "The District Courts Act." [1907, c. 4, s. 1.] Interpretation. 2. In this Act, unless the context otherwise requires, (b) "Cause" shall include any action, suit or other "Claim" shall mean the demand or the subjectmatter for which any action, suit, or proceeding is brought or instituted in any District Court; (d) "Clerk" shall include Deputy Clerk; (e) "Defendant" shall include every person served with any statement of claim, summons or process, or served with notice of or entitled to attend any proceedings; (f) "Judge" or "District Court Judge" shall mean any judge of one of the District Courts in this Province, or an acting judge, or deputy lawfully acting for him, or a judge of the Supreme Court acting as a District Court judge; [1922, c. 4, s. 37] (g) "Judgment" shall include every judgment, decree, and order in any cause; (h) "Matter" shall include every proceeding in any District Court, not in a cause; (i) "Order" shall include rule; () "Party" shall mean a party to a suit, action or proceeding, and shall include a body politic or corporate, and every person served with notice of or attending any proceeding, although not named in the record; (k) "Person" shall mean any person, whether a party to a suit, action or proceeding, or not, and includes a body politic or corporate; (1) "Plaintiff" shall include every person asking for Plaintiff (m) "Process" shall mean any statement of claim, Process of the Court, or a judge's summons or order; (n) "Real estate" or "lands" shall extend to and mean Real estate lands, messuages, mines, and all other real heredi taments whatsoever; (0) "Rules of Court" shall include forms. [1907, c. 4, s. 2; 1922, c. 4, s. 31(a).] Formation of Courts. Rules of Court courts 3. There shall be in each judicial district in the Province Formation of a court of record to be styled "The District Court of the District of (as the case may be)." [1907, c. 4, s. 3.] Seal of Courts. 4.-(1) Each of the said Courts shall have and use as Seal occasion may require a seal bearing a device and impression of His Majesty's Royal Arms with a label surrounding the same with this inscription: "The Seal of the District Court of the District of Calgary" (or as the case may be). (2) The seal of the District Court in each judicial district shall also be the seal of the District Court judge's criminal court for each judicial district respectively. [1907, c. 4, s. 4; 1910(2), c. 2, s. 15(1).] Judges. of Courts 5. Each Court shall be presided over by a judge to be Presidency known by the name and style of the judge of the District Designation Court for which he has been appointed. [1907, c. 4, s. 5.] of judge judges 6. Where it is deemed necessary an additional judge or Additional additional judges may be appointed for any District Court, and in such case each of the judges so appointed to any District Court shall have jurisdiction therein. [1907, c. 4, s. 6.] more than District Court 7. In case more than one judge is appointed for any Style where District Court the judge whose commission has priority one judge of of date shall be styled "The judge of the District Court of.. (as the case may be)," and any other judge of the same Court shall be styled "a judge" thereof. [1922, c. 4, s. 31(b).] 8. (1) An acting or deputy judge may be appointed for any District Court, who shall hold office during pleasure, and such appointment may be made notwithstanding that the office of judge is vacant by death or resignation or that the judge is ill or absent, and such acting or deputy judge shall have authority to perform in the place of the judge in the district for which he is deputy all the duties of and incident to the judge of the District Court. (2) No deputy judge shall be disabled from practising the profession of law while holding his appointment. [1907, c. 4, s. 8.] 9. A District Court judge may be appointed judge for one or more District Courts. [1907, c. 4, s. 9; 1922, c. 4, s. 31 (c).] 10.-(1) It shall be the duty of a District Court judge to hold any of the Courts in any district other than his own, or to perform any other duty of a District Court judge in any district upon being requested so to do by an order of the Attorney General, and without any such order the judge in any district may, if he sees fit, perform any judicial duties in any district other than his own on being requested so to do by the judge to whom the duty for any reason belongs; and while so acting in compliance with such direction or request he shall possess all the powers and authorities of the District Court judge of such other district. (2) Any District Court judge may, upon being requested so to do by the Attorney General, perform in any district any duties that may be performed by a District Court judge in that district. [1907, c. 4, s. 10; 1915, c. 2, s. 23.] 11. Every District Court judge shall reside within the district of which his commission designates him as judge. [1907, c. 4, s. 11.] 12. No judge shall during the continuance of his appointment directly or indirectly practise in the profession of law, or do any manner of conveyancing. [1907, c. 4, s. 12.] 13. No District Court judge or deputy judge shall enter upon the duties of his office until he has taken the following oath before some person appointed by the Lieutenant Governor to administer the same, that is to say: "I, A.B., do swear that I will (in the case of a deputy judge add the words, as occasion may require) truly and faithfully, according to my skill and knowledge, execute the several duties, powers and trusts of judge of the District Court of the district of. without fear, favour or malice. So help me God." [1907, c. 4, s. 13.] 14. Every District Court judge, not including a deputy Er officio judge shall be ex officio a justice of the peace. [1907, c. 4, s. 14.] function of judge Supreme as District 15. Any or all of the judges of the Supreme Court of Judges of the Province shall upon the request of the Lieutenant Courts acting Governor in Council, perform the duties by this or any Court judges other Act or law devolving upon the judges of District Courts for any or all of the districts in the Province, and when so acting such judge or judges shall have, use, exercise and enjoy all the powers, authority and functions by this or any other Act or law conferred or devolving upon such District Court judge or judges. [1907, c. 4, s. 15.] Clerks. clerks 16. The Lieutenant Governor in Council may from District Court time to time appoint a clerk to every District Court, but while there is no such clerk the Clerk or Acting Clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under any law or regulation made thereunder would be exercisable by the clerks of the District Courts respectively. [1907, c. 4, s. 16.] of Deputy 17. (1) Whenever it appears that the convenience Appointment of the public so requires, the Lieutenant Governor in Council Clerks may appoint one or more Deputy Clerks for any District Court for any judicial district, and may designate the place or places where his office shall be established, and may fix his remuneration. (2) While there is no such Deputy Clerk, the Deputy Clerk or Acting Deputy Clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under this Act would be exercisable by Deputy Clerks of a District Court. [1911-12, c. 4, s. 19(1).] Clerks 18. Every Clerk of a District Court or, until such Duties of official is appointed the Clerk or Acting Clerk of the Supreme Court shall perform all the duties with relation to the said District Court as a Clerk of the Supreme Court is required to perform in relation to the Supreme Court under any Act or rule relating thereto so far as such Act or rule is applicable to the said District Court; and until otherwise provided the rules in force governing the conduct of the offices and returns required from Clerks of the Supreme Court under any such Act or rule shall apply to every Clerk of a District Court and to every Clerk of the Supreme Court while acting hereunder as a Clerk of a District Court. [1907, c. 4, s. 17.] |