cents for each statement of claim or defence or judgment roll; and ten cents per folio shall also be payable for all extracts whether made by the person who makes the search or by the officer. O.J.A., s. 162.

MISCELLANEOUS.

89. Nothing in this Act shall affect the practice or pro- This Act not to apply to criminal cedure in criminal matters, or matters connected with Domin- and other ion Controverted elections, or proceedings on the Crown or matters. Revenue side of the Court of Queen's Bench. O.J.A., s. 163.

statutes of

etc., shall be

90. Where in any statute of Manitoba a reference is made References in to any writ, pleading, decree, order or proceeding in an action, Manitoba to or any proceeding whatever, such reference shall be held to be writs, pleading, to the writ, pleading or proceeding which under the practice pro- held to apply to vided for by this Act, takes the place of, or is analogous to the writ, pleading or proceeding under the former practice.

this Act.

statutes of

which provisions

91. Where in any statute of Manitoba a reference is References in made to the provisions of any Act which is wholly or par- Manitoba to tially hereby repealed or for which other provisions are sub-provisions for stituted by this Act, then such reference shall be taken to be substituted by to the provisions so substituted by this Act, or which under held to apply to this Act or the rules contained herein or to be made hereunder take the place of such repealed provisions.

this Act shall be

this Act.

of Manitoba

92. Where a statute of Manitoba or any law in force in where statute Manitoba provides for proceedings being taken, or allows of provides for proproceedings being taken, in the Court, such proceedings in all ceeding being cases, when practicable, shall be taken according to the methods practicable be and forms provided for by this Act.

taken it shall if

taken according to this Act.

in Case of statute

of Manitoba providing that

any thing shall

be done by or

93. Where any statute of Manitoba or any law in force Manitoba provides that any proceeding, matter or thing shall be done by or before a Judge, the term "Judge" shall in all such cases mean a Judge of the Court mentioned or referred before a Judge. to in such Statute; and any such proceeding, matter or thing when properly commenced before a Judge may be continued or completed before any other Judge of the same Court.

vided by this Act

former

94. The procedure provided by this Act shall in all cases Procedure proprevail over and be adopted in lieu of procedure provided by to be in lieu of the practice of the Courts heretofore in use, and by statutes procedure. of this Province heretofore in force, where the procedure provided by this Act can be reasonably and conveniently applied.

95. Every statute of Manitoba which is inconsistent Repeal clause. with this Act, in so far only as the same is inconsistent with this Act, is hereby repealed.

.

Appended rules,

forms, tariffs and schedules a portion of this Act.

When Act shall

come into force.

96. The rules hereinafter set forth and all forms, tariffs and schedules appended thereto are a portion of this Act.

97. This Act shall come into force on the First day of October, A.D. 1895.

RULES OF COURT.

DIVISION I

INTERPRETATION.

1. Nothing in these rules shall be construed as intended to Criminal, Crown affect the practice or procedure in criminal proceedings, or or revenue, proceedings on the Crown or Revenue side of the Court of winding-up Queen's Bench, or upon election petitions or under the Wind- affected, ing-up Act. O.R. 1.

proceedings not

of terms.

2. A "Judge" in these Rules means a Judge of the Court or Interpretation a Judge having the authority for the time being of a Judge of "Judge." the Court, unless there is something in the context indicating a different meaning. O.R. 2.

3. In these Rules, unless the context otherwise requires:

(a) The word "Master" shall include a local Master.

"Master."

(b) The word "Schedule" means the Schedule of forms "Schedule." appended to this Act.

superseded.

4. All practice inconsistent herewith is hereby abolished, Former practice and as to all matters not provided for in these Rules and in this Act the practice is, as far as may be, to be regulated by analogy to this Act and these Rules. O.R. 3.

5. The interpretation clauses of the Queen's Bench Act, 1895, Interpretation, shall apply to these rules, unless there is anything in the sub

ject or context repugnant thereto. O.R. 4.

6. The division of these rules into titles and headings is for Division of rules, convenience only, and is not to affect their construction.

O.R. 5.

Promulgation of new rules,

7. Every rule hereafter made shall be construed as intended to come into force on the seventh day after the day of its publication in the Manitoba Gazette. O.R. 6.

Office hours.

Holidays.

Who may transact business in offices.

Officers to be auxiliary to one another.

Issue by

Prothonotary of statement of claim.

Sealing process.

DIVISION II.

OFFICERS AND OFFICES.

8. Except as hereinafter mentioned the offices of the Court shall be kept open on Saturdays from ten o'clock in the forenoon until one o'clock in the afternoon, and every day except Saturday from ten o'clock in the forenoon until four o'clock in the afternoon. Except as hereinafter mentioned the offices of the Court shall be kept open every day during the long vacation from ten o'clock in the forenoon until twelve o'clock

noon.

9. The offices of the Court shall not be open on Sundays, Christmas Day, Good Friday, New Year's Day, the day appointed for the celebration of the birthday of the Sovereign, Dominion Day, and any day appointed by Proclamation of the Governor-General or the Lieutenant-Governor for Thanksgiving or Arbor Day.

10. No business shall be transacted in any of the offices of the Court for procuring or issuing out a process or in entering judgment or taking any proceeding whatever in a cause, unless upon the personal attendance of the party in whose behalf such business is required to be transacted or of the counsel or solicitor of such party or the clerk or agent of the solicitor or the clerk of the agent. O. R. 9.

11. All officers shall be auxiliary to one another for promoting correct, speedy and convenient administration of business. O. R. 10.

12. The Prothonotary shall, on receiving a copy of the statement of claim to be filed by him, issue any statement of claim required for the commencement of an action. O.R. 11.

13. The Prothonotary and each Deputy Clerk of the Crown and Pleas shall have a seal for sealing writs, statements of claim and process, to be approved by the Judges of the Court; and he shall seal therewith and sign all writs, statements of claim and process issued by him. O. R. 12.

14. In all actions suits and proceedings in the Court, the Prothonotary shall perform the same duties as heretofore except as provided in this Act and shall

Prothonotary.

(a) Receive, fyle and have custody of all pleadings, petitions, Duties of reports, affidavits, bonds, and other papers and proceedings in every action, suit, matter and proceeding in the Court, and shall make or cause to be made entries thereof in the proper books;

(b) Have the care and custody of all documents ordered to be deposited for safe keeping or produced under any order of the Court;

(c) Have the care and custody of the books and papers filed and kept under the provisions of "The Real Property Act" and make all necessary entries in reference thereto;

(d) Set down all actions for trial and motions for the Court in banc;

(e) Set down all motions, appeals, special cases and other business coming before the Court or a single Judge thereof, and all appeals in Chambers;

(f) Amend pleadings; certify proceedings; examine and authenticate office copies of pleadings and other proceedings; prepare and sign certificates for registration and issue the same; attend the opening of commissions.

the Crown and

Deputy

15. Deputy Clerks of the Crown and Pleas and Deputy Duties of Registrars are to perform the duties of their offices in the Deputy Clerks of same manner, and under the same regulations, as the like Pleas and duties are performed by the Prothonotary and the Registrar Registrars. respectively; and all orders, rules and regulations in force respecting the Prothonotary and the Registrar and respecting the regulation of their offices respectively are to be in force and applicable to the Deputy Clerks of the Crown and Pleas and Deputy Registrars in relation to such duties as they are hereby required to perform; and the like sums and fees payable to the Prothonotary and the Registrar are to be payable to the Deputy Clerks of the Crown and Pleas and Deputy Registrars in relation to similar matters. O. R. 18.

Deputy Clerks of

16. Subject to the foregoing rules, where an action is com- Powers of menced in the office of a Deputy Clerk of the Crown and Pleas, the Crown and such officer shall have all such powers and authorities in re- Pleas. lation to the action as the Prothonotary and Registrar have respectively in the case of an action commenced in the office

of the Prothonotary, and all such orders in the action as Entry of orders. require to be entered shall be entered in the office of such Deputy Clerk of the Crown and Pleas. O.R., 20.