Bill 46 — First Session, 16Th Legislature, 17 Elizflun1Jrlb the Legislative Assembly of Alberta Bill 46 An Act -To Amend the District Courts Act the Attorney General (Legislature 16, Session 1)

L16 S1 4497

Alberta — Bills

1968 Bill First Session, 16th Legislature, 17 ElizflUN1JRlb 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

An Act to amend The District Courts Act (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The District Courts Act is hereby amended. 2.

Section is repealed. 3. This Act comes into force on a date to be fixed by Proclama tion. Explanatory Notes I. This Bill amends ,chapter of the Revised Statutes. 2.

Section presently reads: 52.

(1) The small debt procedure set out in the rules relating to small debt procedure in the district courts and the forms and tariff appended thereto apply (

a) to all claims of debt or account or money demand whether payable in money or otherwise where the debt, account or bal ance claimed does not exceed $200, (

b) to all actions in tort or f.or damages for breach of contract or otherwise and other personal actions where the amount claimed does not exceed $200, (

c) to all actions of replevin where the value of the goods or other property distrained, taken or detained does not exceed $200, and (

d) to all cases of interpleader relief when granted in accordance with Rule 523 (

b) of the Rules of the Supreme Court of Alberta, 1944, (

i) where the amount of the claims that the goods, including money and choses in action, have been seized or attached to satisfy does not exceed $200, or (ii) where the value ,of the goods, including money and choses in action seized or attached does not exceed $200.

(2) The Lieutenant Governor in Oouncil or the judges of the Supreme Court upon request of the Lieutenant Governor in Council may repeal, alter or amend the small debt procedure and the forms and tariff of costs and fees relating thereto. The new Alberta rules of ,court will contain the rules commonly referred to as the "small debt procedure". The District Courts Act, which presently ,contains powers broad enough to enable the Lieutenant Governo[' in Council to make rules pertaining to pro cedure involving claims in smaller amounts.

Section is unneces sary and redundant and will be repealed by proclamation at the same time as the new Rules come into force. Title: 1968 (16th, 1st) Bill 46,

An Act to amend The District Courts Act

Document details

Collection	Alberta — Bills
Citation	L16 S1 4497
Type	bill
Volume / chapter	L16 S1 4497
Language	en
Format	json
Source	PROVINCIAL
Identifier	8d2ae97e137ccf513fa46f97722dc7ea385a8a72

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