Bill 8 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 8 An Act To Amend the District Courts Act the Attorney General (Legislature 16, Session 4)

L16 S4 4847

Alberta — Bills

1971 Bill Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

An Act to amend The District Courts Act THE ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Second Reading ............................ . Third Reading ............................. . PrInted by L. S. Wall, Queen's Printer, Edmonton BILL 8

AN ACT TO AMEND THE DICTRICT COURTS ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The District Courts Act is hereby amended. 2. Section~ is amended by striking out subsection (2), 3.

Section is amended by striking out the words "be fore some person appointed by the Lieutenant Governor to administer the same" and by substituting the words "before the Lieutenant Governor, the Chief Justice of Alberta, a judge of the Supreme Court or some other person appointed by the Lieutenant Governor to administer it". 4.

Section is amended by striking out the words "where the debt 'Or damages, claim or demand does not ex ceed $2,000 or where the subject matter involved in a claim for relief 'Or for the enforcement 'Of a right or demand does not exceed $2,000". 5.

Section is struck out.

Section 50, subsection (1) is amended by striking out the words "and without a jury". 7.

Section is struck out. 8. The Infants Act is amended (

a) as to subsection (1) by adding after the words "judge of the Supreme Court sitting in chambers" the words "'Or a judge of the surrogate court", (

b) by striking out subsection (2). 9. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill amends

chapter of the Revised Statutes of Alberta 1970. 2.

Section 8(2) presently reads:

(2) The seal of each district court shall also be the seal of the district court judge's criminalCiourt for each district resllectively. 3.

Section presently reads: 12. No district court judge shall enter upDn the duties of his office until he has taken the following oath before some person appointed skill amd knDwledge, execute the seve,ral duties, powers and trusts Df by the Lieutenant GDvernDr tD administer the same: "I, A.B., dD swear that I will truly and faithfully, aCCDrding tD my Judge Df the District CDurt Df the District Df ••••••••••..•••••••• withDUt fear, favDur Dr m3!lice. So help me GDd.". 4.

Section presently reads: 25. The district CDurts have jurisdictiDn in all causes, actions, matters, suits Dr prDceedings (

a) Df debt, cDvenant, cDntr3!ct Dr damage, Dr (

b) invDlving the va,Hdity Df a settlement, or (

c) in relatiDn to land or a legal Dr equitable interest therein, or (

d) seeking equitable relief, Dr (

e) fDr a declaratory judgment, IDr (

f) tD establish the right of a creditDr to rank upDn an insD,lvent estate, or (

g) generally in all matters that can be made the subject Df a claim (

i) fDr relief whether legal Dr equitable, or (ii) to enfDrce a right whether ,legal or equitable, where the debt or damages, claim Dr demand dD,es nDt exceed $2,000 IDr where the subject matter involved in a claim for relief Dr fDr the enforce ment Df a right Dr demand does nDt exceed $2,000. 5.

Section presently reads: 29.

(1) Notwithstanding anything in this Act, the district cDurts have jurisdictiDn to try an actiDn Dr cDunterclaim when be:liDre the issue Df the statement of claim or the filing of the cDunterclaim, the plaintiff amd de fendant agree by memDrandum in writing ,signed by them, and fUed be fDre the issuing of the statementDf oLaim Dr the filing of the counterclaim, as the case may be, that the cDurt named in the memorandum has power tD trp the actiJDn Dr counterclaim.

(2) The agreement referred to in subsectiDn (1) dDes not prejudice Dr affect any right Df appeal Df any Df the parties. 6.

Section 50(1) presently reads: 50.

(1) Every distriot ODurt judge is her,eby constituted a CDurt Df recDrd fDr the triwl at any time and with lOut a jury of any perSDn fD,r any Df the Dffences mentiDned in the Criminal Code as being within the juris dictiDn Df the di,strict CDurt in Alberta. 7.

Section presently reads: 51. The cDurt cDnstituted by sectiDn shall be called the district CDurt judge's criminal CDurt of the district in which the same is held. 8.

Section 16(1) and (2) presently read: 16.

(1) Where an actiDn is maintainable on behalf Df 3!n infant in respect of an injury to the infant and the guardian, parent Dr next friend Df the infant acting IOn behalf IDf the infant has,either befDre Dr after the CDmmencement of an actiDn, agreed IOn a settlement Df the claim Dr actiDn with the perSDn ag,ainst whom the claim is made or actiDn brDught, the guardian, parent or next friend Df the infant Dr the persDn against whDm the claim Dr action is made Dr brDught may, IOn ten days' nDtice to' the DppDsite party and to' the Public Trustee, apply, by originating notice Dr nDtice ,of mDtiDn, as the case may require, to a judge Df the Supreme Court sitting in chambers, fDr an Drder cDnfirming the settlement.

(2) Notwithstanding subsection (1), where the amDunt agreed on as settlement of the daim or action is one thousand dollars or less the application may be brought before a judge Df the surrogate court. Title: 1971 (16th, 4th) Bill 8,

An Act to amend The District Courts Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4847
Type	bill
Volume / chapter	L16 S4 4847
Language	en
Format	json
Source	PROVINCIAL
Identifier	3917f7fe7082a73eae1e95ecdfc43c56e90786d0

Source file is stored in the law ingest library (json).