Bill 47 (Legislature 10, Session 3)

L10 S3 7480

Alberta — Bills

Bill No. 47 of 1946. A BILL TO AMEND THE DISTRICT COURTS ACT NOTE. This Bill strikes out

section of the Act and substitutes a new section. The

section deals with the com,mencement of a District Court action and now prescribes in what judicial district an ac.tion must be commenced, namely, where one of the defendants resides, and the

section has given rise to difficulties. Under the proposed amendment actions shall be com menced either in the judicial district where one of the defend ants resides or in the judicial dist,rict in which the cause of action arose, but a judge is given power upon special grounds to transfer it to some other district which may be more convenient. It is provided, however, that if the cause of action arose outside the Province, the aetion shall be com menced and tried in a district in which a defendant then resides or carries. on business, with the same power to a judge to transfer the action to another district.

W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL NO'. 47 Df 1946.

An Act to amend The District Courts Act. (Assented to , 1946.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follDws: . 1. The District Courts Act, being -chapter of the Revised Statutes Df Alberta, 1942, is hereby amended as to sectiDn by striking out the same and by substituting therefor the fDllDwing: "28. Except where by this A-ct it is otherwise provided, " (

a) all actions shall be -cDmmenced, carried on and tried in the judicial district in which the defendant or one of the defendants is then dwelling or carrying Dn business or in the judicial district in which the cause Df action arose; " (

b) incase the cause of action arDse outside of the Province Df Alherta and the defendant or one of the def.endants in any action Dr matter is at the time of the commencement thereof dwelling in the PrDvince OT carrying on business in the Province, the action or matteT shall be c.ommenced, carried on and tried in the judicial district in whkh the defendant or one Df the defendants is then dwelling or carrying on business; "Provided that in either such case a judge having juris dictiDn in a judicial district in which the action may be CDm menced may upon special grounds, .order that the said action he cDmmenced or tried or be commenced, carried on and tried, as the case may be, in some judicial district other than one in which the action may be cDmmenced pursuant to paragraphs (

a) or (b)." 2. This Act shall come intO' force on the first day of July, 1946. THIRD SESSION TENTH LEGISLATURE GEORGE VI BILL

An Act to amend The District Courts Act. Received and read the First time Second time Third time ....................................... . HON. MR. MAYNARD. EDMONTON: A. Shnitka, King's Printer Title: 1946 (10th, 3rd) Bill 47,

An Act to amend The District Courts Act

Document details

Collection	Alberta — Bills
Citation	L10 S3 7480
Type	bill
Volume / chapter	L10 S3 7480
Language	en
Format	json
Source	PROVINCIAL
Identifier	19484ddb3ce5539757ba0f1ef05b7643f46ed259

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