Bill 10 (Legislature 1, Session 1)

L1 S1 10438

Alberta — Bills

Apl)Ointrnent of Clerks and their r emune ra tion. Security to be given by Clerks. BILL No. 1906. An Aot Re~~o~ine Clerks and Deputy Clerke. (Assented to 1~06.} His Majesty by and with the~ advice and 'consent of the L~;gislati ve Assembly of the Province of Alberts enacts as follows : 1. The Lieu tenant Gove!mor in Council may from time to time f1ppoint su.ch !.1 t and proper persons, bei:ne advocat 13S of the North-West Territories or of the rrovinoe resident; in the rrovince to be Clerks of the Supreme Court; of the E'orth-W'est ~ •.

Territoriee;-oP-e'Qc-h othe-r ~t·ttzr·mey hore~~e.r be constituted: exercising ~ri'thin the Province 'the ....... - . Jurisdiction, :povrer£ra.:na sa tltorit y e.'t th.~;.fla'\e"of ... the passing o:f this Aot exEtroised the rein b7 the 8upreme Court of the nc,rth-':'!est Terri.tories, in each judicial district, end every person so appoint ed shall hold o:ffio e durine· pleasure. ancl suoh clerks r-:Jlall :receive such remuneration for their services as may from time to time b~ fixed by the Lieu.tenant Governor in Council. 2.

Every person so appointed shall before enterin upon the duties of his o:ftfice give security for the due performanoe of such duties in such suru with such securities a.nl in such manner and form as the Lieutenant Governor in ,Council re~uires.

' Seouri ty may be sued upon. 8eouri ty to be filed with Provincial Sec retary. :Appointment· of Deputy ClerkE>. Their duties. Clerk or Deputy Clerk not to act an nn advocate Seourt ty to 1te given by Deputy Clerk -2- 3. Such security shcll be available to and may be sued upon by any person sufferine- damageo by the default, breach of duty or misconduct of such Clerk. 4.

Such security shall be filed in the office I of the Provincia.l Secretary ana. a copy of the same, certified by the Provincial Secretary, shall be received in Hll courts as primg_ facie evidence of the Ciue execution and contents thereof without further proof. 5. The J~ieuten~t Govemor in Council may appoint a Deputy Clerk for each judicial district ana. fix his remuneration, and such Deputy Clerk shall, in the absence of the Clerk, perform the duties required to be performed by such Clerk. 6.

No such Clerk. or Deputy Clerk, while holding offi~~e. shall practice as an advocate in the Province, or be a mEI!lbe r of any firm of advocates practicing in the Province. 7.

Every Deputy Clerk before m t erinr- upon the 1uties of his office. shall give security to His :1.~aj est y, to th·~ satisf.a.otion of the Lieutenant Governor in Council, in the sum of one thousand . r dollars($1,000.00) for the due performance of the duties and obligations of the said o.f':rioe, an.1 for the d.n.e payment over to the persons entitled thereto, of all moneys. received by him by virtue ' of his said office, and any person sustaining damage by reason of non-performance or improper or umiu.e per.form:?.nae o:f any ~such duties or obligations, or by reason of the non-payment of any such

:mol1eys shall have and. possess all rights of action ~~ aga·in8 t such Deputy Clerk .er"' hi.s sureties upon such Clerk respon sible for good conduct of Deputy Clerk. Actions to be carried on in the office in which they are commenced. Oaths to be te.ken by Clerks and Deputy Clerks. On vacancy o f office of Clerk books etc •• to be handed over to person lawfUlly perform-· ing Clerk's duties. Order may be made for secm1 ity for the amount of such damage. 8. The Clerk for each judi.cis.l district shall be responsible for the good conduct of every deputy appointed for such judicial diet riot. 9.

All actions and other proceedings commenced in the office of BXJ.Y one of the said Clerks shall be carried on in the same office, and in respect there of such Clerk shall in r:tll respects have and perform all the powers, duties and obligations im posed upon him by any law in fC>rce in the Province. 10. Every Clerk and Deputy Clerk appointed under the provi si.one of this Act shall, upon .appointmn.t. and before ... entering upon the dut los of his office, take an oath of offioe in tha form in the

schedule to this act, and also the oath of allegiance, and auch oaths aha.ll be filed in the office of the Clerk of the Executive Counoil immediately after being taken. 11.

Whenever a vacancy oc~ours in the office of the Clerk, and until the same is filled by the proper authority, the books,. l"eoorda, moneys and other matters and things. the property of the Government of the Province, shall be handed over by the person in ~ose possession or control they may be to the person lawfully performing the duties of Clerk. ( 2) Without prejudice to any other powers of seizure of books~, the court, or judge, by way of attachment, etc., committal or otherwise, any judge of the said court, hereinbefore referred to, may on

summary application

Property in books and forms. Process Issuers Fees. -4- ~;~e an order direoting the Sheriff,or other person 'Lamed by him, to take and. seize such books, records, moneys and other things wheresoover found, and :for such purpose may authorize such Sheriff, or other per- BOn, to break and open any do orB and windows, buildines, or inclosures, and such order shall be :full justifiC? a- t ion to such :Jherif:f, or other person, :for any action taken in pursuance thereof. 12. All neces:sary books and. :forms req_uired for • .I- use in the Clerks' offices shall be provided for ,by,· and 1>e the property o:t', the Provincial Government. 13. In any

section o:f the J?rovince where the oonvenience .--of the public may be better served, the Clerk of the judicial district, with the approval of a _Judge ·of th~ said court, may appoint a ]~ro cess issuer, who being suppl:ted ·with blank forme, original :.'.nd mesne prooesees siBDed by the Clerk, may tseue the same und·er his direction from time to time, BUCh process issue:r countersigning es.oh one so issued, e.nd mf.'.king returns of all proceneee so issued to the Glerk. as required by the Clerk 1, or s.e directed by a ~fudge of the said court, and in such cases the Clerk Hncl his sureties shall be respo11si ble far all the act6 and omissions of such is suer. 14.

Where the word "fees'' occurs in the fa llowinr: e;eotions of this Act it shall mean and. include all j~eee and allowance::; payable to <~larks under the pro "J'isions of The Judicature Ordinance of the North-West ~~erri tories, or rules of court and all fees payable J to such clerks as :registration elerks under the pro- viRions of The Bi.J.lf:: o:f Sale Ordinance; An Ordinance ~~espeot ing Hire Re~~eipts and Conditional ~a.le 1 ~ of

Fees to be paid Clerk. Cht,mber Book. Fees received to be re oo rded. Fee book open to inspection !\ EUB:lllliO iiPfl;1; i 6"!'1 o ~ '.'l e:dr e;y. sala.J?y .. -5- Goods an c .. An Ordinance respect ine; Partnerships, beine Ordinances of the North-West Territories, and any amendments to the said Ordinances, or any other Ordinsnce of the said Territories, and all fees payable to said Clerks under any statute or act in force in the Province. 15.

All fees upon interlocutory motions, summonses and orders made or granted in chambers shall be paid to the Clerk of the judicial clistrict in which the proceedings nre tr.ken,. or to th9 16. Every Clerk shall keep a chrn1ber book in which sue h prooeedi~s sh~-11: ·be v(3ntei."E:td. 17.

Every Clerk shall keep a sepirat e book 1n w.b.10h he ~shBJ.l enter from dq. to da:y all feea and emoluments received by him under and by virtue of the said Ordinancea,Statutea or Acts, and amendments, showing therein separately the fees received by him for each service performed under a:n~the said Ordinances, Statutes or Aots,and emendments,and sucll fur-ther facts and informa.t ion as the Lieutenant Governor may from time to time require. 18. Each Clerk shall produce such book at any time durine his lawful office hours for .inspection by any person al)J!Ointed by the :Lieutenant Governor for that purpose. 19.

All fees receive d. by rmy '.;lerJ>: shall be :Da.iif to the .!'rovincial Treasurer/ b.;,r such clerk within the first fl ve days of the month fo 11 owing ·~he month in whi~h such fees are received;anil such payment to the -P-roVincial Trell.surer shall be

Penalty fp1r neglect to keep books. Failure to transmit fees. Penalty. Moneys to go to General Rev Ellue Fund. Present incumbents containe i during pleasure. Repeal. -6- accompanied by a statement in such fo nn as the Attorney General m~ prescribe, verified under oath, show in[': the amount of the fees receive d. 20. Any Clerk who fails to keep the books re quired to be kept· by him und..er the provisions hereof or who fails t;o enter therein any fee or fees re ceived by him and required by the prov\~ions hereof to be entered therein shall for each such offence be liable on

summary conviction to a penalty not exceeding S,20o00. 21. Any Clerk who fails to transmit to the Pro vine ia.l Treasurer the fees req,uired to be so tran rn1i tted by him under the provisions of sect ion 19 hereof shall for every such offence be liable ·on wm..rnfl.Xy OOllViotion to a penalty of ~20 for eaoh day after he shall faU to transmit the same. 22. The fees an,l moneys reoeived by the Provincial Tr~aasurer under the provisions. hereot shell form part of the General 'Kevenue Fund of the Province. 23.

Notwithstanding anything herein contained all Clerks an<i Deputy Clerks of the fiupreme Court of the North-West Territories holding and.. e.xero ising such offices at tlle date of the passing of this Act s;lall l:lontinue to hold stich lT I offices and e:~erci se the duties appertaining· there- to during pleasure in the Bame way and to the same extent and subject to the provisions of the same Ordinances. laws, rules anJ. regulations made thereunder as woulo_ have been in force had this Act not been :passed. 25. Save as herein pr,clvided all laws and

-7~l all orders, rules and regu.lati.ons made thereunder repugmi'ht to the provisions of' this Act are herel)y repealed.

-R- SCHEDULE. I • cLo swear that I will truly and fai thfuJ.J.i perfurm the 'several duties of Clerk of the 3upreme C ou1·t of the l'ror"tih-::1est Terri tor ie s (or snc.h other Court as aforesaicl) Ju(licial ])istJ:ict of to which I have be en a_ppointecl without fear ,, favour or m.:'.lice .. So help me Gocl. Sworn before me t;J.t ) ) in the l?rovi.nco Clf ) ) Alberta, LhifJ } day of 19 •

l) No./(} Title: 1906 (1st, 1st) Bill 10,

An Act respecting Clerks and Deputy Clerks

Document details

Collection	Alberta — Bills
Citation	L1 S1 10438
Type	bill
Volume / chapter	L1 S1 10438
Language	en
Format	json
Source	PROVINCIAL
Identifier	fec11f51279cf2755df7b34803f874e6689ad48a

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