Bill 16 (Legislature 1, Session 1)

L1 S1 10444

Alberta — Bills

Short title. Interpretstion 1906 1m Act Respecting Sni_ts aeainet the Crown By Eeti tion of Right. Assented to Jiif I'tajest;Jr b:r end witl1 the adviee and _conrent of the •Legisla.ti ve APseJ:Jbly of the Province of Alberta enacts a~; follows: 1. Thi~ act may be cited. as hThe Alberta Petitio~ of 1\i.ght ActTT. 2. In. thir? Act, ,_mless the context o.therwiFe requires-:-- (

a) The ex~;:r0ssion "Court" means thA Surreme Co11rt of the l!orth-7;'est Territories. or such oti-:P:r Co,Jrt a.F may bo here'• ft er. confit i tuted and eE:tablis!-.ea. _by law exer._;il,:iug wtthin ·the province of Alberta the jurisdiction, po•ers end autrwri ty t=l.t the date of the paEsing of t1d.s Aot ~xeroie• t~er0in by the Supreme Court of the ~orth-West Territories. (l:J) 'l'he ex:9ression "Judgen mnanr e Judc;e of the ee.ic Court, and includes the Chief Justice. (

c) The expression "Relief" shall'. comprehend every species of relief claimed ·or prsye0 f0r in eny petiti0n o:f ri:_:ht Vihether a re8ti tutj_on of Rny irworpores.l ri~~·"nt, . t ' or~~· xeturn of l~nds or ~hattels, or a payment of monAy o :r · d:rirrtat;e s , or otherwise. " . 3.

J,. :petition 6f rieht sh~-:11 be ent.i tled in the Surreme Court of the Nortb-~est ~erritories, or in such other c~,rt ar: may hereafter ~Je consti t1lteo :e.nd ectRbllr"hed by lnw exE!I'C;_Gin-_s 1.ri i.hin the Province the jurii?diction, powers end authority R-t the date of trJe pc.Bt~ing of this Act e:xe:r ci~·ed t11erein by the )Supreme CJTrt of the ~Torth-'7est Territories, and shall state t1e place ~horn the suppliant1

Fie.t for SecnrL t:{ for cost~:- Service of petition /Notice to defend Notice to last OCCU1_)'3.J1t -2- pro~nses the petition shall be tried; and such petition chall be ~ddressod to ~ir Msjesty in the wo:rde or to the effect of the form in

Schedule A to this Act, and shall str:te the chriRtian name and su1·name and usual ~1eoe of ubocle of ti1e sunnliant and those of his S<)licito!U, if any, by whom the same is presented, e.nd shall f3et forth with convenient ce:rta:.nty tJ:e facts entitling the suppliant to relief, and shall be Sifned by such s.ui1pliant, his counsel or solicitor. The facts set forth in the _roti tion shall be verified b:• c;ffidavi t of the 4.

The said petition shell be submitted for aeneid- en~tion to the Lieutenant Govern<.!r in ConneLl, A.nd uron sueh con~derstion <J. firt may he gr~ntAd -thPt !'t~ht be d01~e .. -:' ~h~liar.t au,--a·o aubmi tting the. petition~ shall file therewith in the office of the Clerk of thE~ Executive Council a certificate by the clerk or deputy clerk that a bond for ·· se:rcnrity for costs by the eu.rrliHnt Rnd two sufficient suretied has Lee~ deposited in h~s office. and until a catiefectory security bond shall hsve been dorosited no fiat shall be eranted. 5.

Upon the Lieutenant Govsrnor's fiat being obtained t0 cuch petition, H copy of ruch petition and :fi·ot Pb-Rll be left ""' tlw office of the Attorney General durin~office hours, with an i.noorseJrJent thereon in the words or to the effect of the form in col!edul!fl' 13 to tJ1i2 Act annexed, praying for R ~erence or answer on hebalf of His Majesty within twenty-eiG"ht dayE. 6~. IIl, case a.ny such petition of right be presented for the recovery of any real or personal property of any rieht

of real estate Ap9earance of third party and Sll ba e Ci uen t pro oeedings Time for pleading or answering How petition may be answered by Attorney General for the Crown. -3- in or to the same, which has be en granted away or disposed of by or on behalf of His Majesty or His pr,edecessors, a copy of such petition, allowance and fiat shall be served upon, .or left at the last or usual or lant known place of abode of, the person in the possession, occupation or enjoyment of such property or rich t, indorsed with a notice in the words or to the effect of the form in

Schedule C jio this .Act, requiring such person to file a statement of defe nee thereto within sixteen days after the same has been so served or left as aforesaid. 7. It shall not be necessax·y to issue any scire f~acias or other process to a.n~r person so serv€td for the purpose of requiring him to appear, plead or answer to E)Uch petition; but he shall, ,1.~. he.,int.Emd .to oouteet .. ,auo~ l>eti tion. file his statement of defence ~h:.eJ:e_to~.P~~l!~A.- .. the time specified in such notice or such further time .... as the Court or Jud.£e may allow .. PLEADINGS. 8.

The time f1or defending ()r pleadine; to such peti- tion, on beh~Jlf of His Majest:r, sha11 be the said period of twenty-eieht days after th:?. !Hlme, with such prayer of a defence or answer as . 1.foresaid, has been left at the office of the said Attorney Gem~ra.l, or such further time as m5Y be allowed by the Court or a Judge. 9. The petition may be answered within the time aforesaid accordin.s to the practice of the Court relating tio statements of defences and counter-claims, by or in the name of Ri8 11ajesty's Attor:ney General on behalf of Hh~ :,raj est y.

H'ow petition may be answered by another person Rules of pleading, evidence &c. :Petit ion taken pro confesso -4- 10.

The petition mBW be answered by ~r on behalf of an~r other person who may in pursuance thereof be called u:pon to plead or answer thereto in the same ' manner as if such petition, when prosecuted in the said Court, were a state100nt of claim issued therefrom; ann such e.nd the same matter as would be sufficient eroun!'t of answer or defe nee in point of law or fact to such petition on the behalf of His ~~aj esty may be alleged on behalf of an:y such other person as aforesaid called on to plead or answer thereto.

PRACTICE. 11. f:.o fur as the same are a::ppliqe.ble, and except in so far as ia inconsistent with this ~ict. th"' laws o.n:1 statutes in fo roe as to pleading, evidenoe,heF:.r- ing,an9-.trial ,. seouri,ty jbr ... cost s,ame~~arb~_t:r~ ... ~tion, special oases',- tne meaDS of procuring and taking evidence, set off, appeal and pro oeedings in error, in suits between subject and subject 1 am~ the rules. orders, practice and course of procedure of the said Court ,respectively, for the time beinr:::. in refe reno e to such suits, s.nd personal act ions, shall, m1le ss the Court otherwise orders, be applicable and apply ancl extend to such 1)eti tion of' rieht. 12.

In c~ase of a failure on the behalf of His r.1ajesty,or of any other person as ag'oresaid,called upon to r:mswer or plead to such petition, to plead or answer in due time , either to such petition or at any subs e':l.uent stage of the proceedine;d thereon, the suppliant shall be at liberty to apply to the Court or a Judge for an order that the peti tion may be taken as confessed; and the Court or Judce, on beine satisfied that there ha b s een such

Setting aside judgment Trial ?ann of jltd.s,.~ent :Sff'ect of jud.Q:me nt -5- failure to plead, r:mswer or 1iefend in due time' ,m.ay order that such petition may be taken as confessi~ •, ''· as e&.inst His Majesty or such other party ·so makiDG ,j ;' • default;anrt in case of default on behalf of His Ma,jesty or any other such person( if 'any) C.?vlled upon -as afore said. to answer or plead thereto, a judgment may be pronounced by. the court or leave may be eiven by the Court, on the application of the suppliant, to sign jur1gment in fnvor of the suppliant. 13. The judgment i::J the last precedinc:

section authorized may afterwards be set aside by such Court or a Judge in its or his discretion upon such terms as to it or him seem proper. TRIAL OJ? ISSUES. ·14. to be tried or had under this Act shall be tried or h~d by a Judge without a jurJ . • TUDGM.ENT • 15.

Upon every such petition of rit_ht, the .)uJ[;:llE~nt c:f i:llc· rourt. wb.ether ]!:ronouncect or given uron the pleaclings, or upon a clef2ult to answer or plead in time, or f?.fter he~.1rinr· or ve:ra.ict, or othei'V'!ise, shall be that the suppliant is ·or is not entitled either to the vihole or to slbme pu:rrtion of the relief sout;ht by his petition, or such other relief as the Court thinks rir:ht, and such Court m[y five a judgment tho/.t the~ sup~~1li2.nt is entitled to such relief, and upon suet. term• s.nc. contlitions(if nny) as such Court thinks ju. st . 16.

In all cases in v.rhi.ch the ju(1gment commonly

Costs upon petition as ag ai.nst the suppliant 3.ecovery of co st s· .by thr suppli~nt -6- ealled a judgment of amoveas manus was formerly in ~~ngland pronounced or given u_po:n a petition of richt. 11. jurgment that the suppliant is entitled to relief, ' l?..s hereinbefore provided, shall be of such an.:-1 the f I ::;ame r;ffeet as such jurlgme:ht of amoveas m3Ilur:~. cosT:. 17.

U1)0n any such Iletition of 1~i2:ht, the Attorney Ge:oor~'l or other :person appesring on behalf of His :~·.Cujesty • .s.nd eve~· such otr.er person as aforesaid who defends or p~eads thereto, shall be entitled respective ly to recover costs against the suppliant in the same manner, snd subject to the ssme restrictions and eli 8Cret ion. a nc1 under the same rules, regulations un cl prcvi ·=-ions, so far as they are applicable, l!S are or may bo usuo..lly adopted or in fo;·ce, touchint t!1e puy- ment or reoeipt of coa.ts in proceedings between subjeot and subject; and for the recovery of suCh costs • .; such and the same remedies and writs of execution as are aut borized for enforcinr payment of costs upon judgments or orclers s~ll ancl na~r be prosecuted, sued , out and. executed res])ectively by or on behalf of His IT~jesty nnrl of such other person as aforesaid as ·' defends ana. pleads to ouch petition; end anJT costs recovered on behalf of His Majesty sh~ll be paid to the Irovincial Treasurer, anCI. fonn pnrt of "·he General Revenue Fund of th~ Provine e. 18.

Upon ~Y such petition of richt the surJpli&l t shall be entitled to costs agai11st Hi:;; Majesty, anc1. also asainst ~.~ny other :persoa clofenclinc or _pleadinf to ·, an~r such petition of rie;ht, in like manner, .anc1 subject " . to the same rules, regulE'.tions and provisions, restrictions and discretion, so far as they .are applicable, as are or may be usually adoiJt ed or in

Jude;e' s 0e rti fic ate to the Provinci~' 1 Treas., when su ppl iHn t is declf:red en tHled. rayment of judgment anCl costs -7- force, touching the right to reoover costs, in proceed- ir.gs between subject anct subject; ond for the recovery of any such costs from any such person, other thnn Hie Ilaj esty, defenc1ine; or pleading in pursuance hereof to any such petition of rip)lt. such and the sm1.e remedies una v;rit s of execution as are authorized for enforcing payment of costs, judgments or orders in actions between BUbject ancl subject shall and ll)[Ly be prosecuted, sued out and executed on behalf a·f such suppliBnt. 19. ·"Jhenever upon such petition of richt, a jude:- ' ment or ord.er is given or rood.e thnt the suppliDnt is r'nt it led to relief. snd there ic no P:D pe Hl, and vrhenever upon an sp1)eo.l, v judgment or order is aff'irue d., 'eiven or made~ that the suppliant is .J . entitled. to relief, .and whenever sny judgment or order is given or made: entitling the SUIJpliant to costs, any one of the Jua.ge s of the said Court shall ~'n a may, upol). ppplicntion in behalf o:f' the supplinnt, after the lapse of fourt oen clays from the ID<'1kinc, e;ivins or affirminr:; of Sll.eh judgment or orcler, certify to the I'rovincir,l Treasurer the tenor and purport of the smre, in the \'tords or to the effect of the fo:nn in

Schedule n to this Act; ancl smch certificate mny he sent to or··~J.eft t:f,t -the- office of the ":Provincial Trea:;.;urer d urine office houre. 20. Upon the tenor and. J?Urport of an:>T judgment or order be inc eert ifi ed t·) him as afar esaid, the Irovinci~1l ireasurer shall pay out of f,.ny moneys in his hands, for the time b~~ine legally apl)licnble thereto,or which may be thereafter voted by the Legislature for that pu 1""n th •J.,ose' e amount of any

Act re:::;trained. Schedules. Petition -8- moneya '.and. costs awarded by such judgment or order to the suppliant in any such petit ion of rich t. SAVING CJ •. AIJ DE. 21. Nothing in this Act contained shall prevent any suppliant frc1m prooeedine; as before· t11e pas sine of thif.l Act. S C HE D U L E 8. The following are the schedules teferred to in thiE Act;--

Schedule A.,..- (Section 3) Petition. In the Supreme Court o"f the -North-":7eet Terr:tories(or such other court as the case may be) To the King's most excellent I~ajesty: rrovince of Alberta, )The humble petition of A.B.,of To ~'iit: ) by his attorney,E.F. ,of sheweth that( state th~ facts). ConcluJion. Your SUJ?ljliant there fore humbly prays ,&c. Your ~u:p_:_lisnt humbly proposes th~,t this :petition be tried at Dated the day of ;A.D.l90 (Siened) A.B., ( 6r C. D. t counsel fo r A.

B. t or ~.F •• , solicitor for A. :B.,) I,.I-...B., the within su.ppl:is.nt,make oath and sB.y that the fa.cts ana matters anl things in the v1ithin named petit ion set forth and cantaine d. are true, to m~r personal knowledg:e. ;::'1vorn, t"c. ( Si(~ned) A. B.,

Indorsement on petition Notice to defend Certificate o:f:' judgment for petitioner.

Schedule B.-(r.ection 5) Imwrsement on Petition. The suppliant prays for a statement of defence on behalf of His Majesty within twenty-ei~ht days after the date hereof,or otherwise that the petition ma:;r be taken as confessed.

Schedule C.--(Section6.) lifot ice to :Defe no .• To A.B., You are hereby re':iuired to file your :statement of defence to the within petition in the :upreme C~urt ,of the North-iiest Territo riesCor suoh other court .as the oaseT·:may be) within sixtt en daya~;a:fter the date of service hereof. Take notice that. if 'J"OU fail to defend in due time, the said petition may, as against you, be ord8red. to be takeil as confessed. .. :Dat ed,&c. ·--------

Schedule D.--(SI3Ction 19). Certificate of Judement for petitioner. In the 3upreme Co~t of the North-West Territories (or snch other court as the case may be) To the Honourable the Treasurer of Alberta: A.B.,supplis.nt,)I hereby certify thst on the vs )of ,A.D.l9 ,it was by the said The Kin5. ))Supreme Court of the North-~est )Territories(or such other court as )the Ca§e may be) adjudged(or ordered)that tbe above named supplian1

·-10- was entitled to, &c. Date d,&c. Judge' E: signature.

Title: 1906 (1st, 1st) Bill 16,

An Act Respecting Suits against the Crown by Petition of Right

Document details

Collection	Alberta — Bills
Citation	L1 S1 10444
Type	bill
Volume / chapter	L1 S1 10444
Language	en
Format	json
Source	PROVINCIAL
Identifier	8df48b297108cbe93f15d287e73fa539376e9bf1

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