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documents shall be paid by the party filing the same. [E.
523.] N.W.T., c. 21, R. 2v»5.

Officers lor 295. Affidavits sworn in the Yukon Territory shall be

^* * sworn before a judge, clerk of the court or deputy clerk,

notary public, justice of the peace or comrrissioner em-
powered to administer oaths. [E. 524.] N.W.T., c. 21,
E. 296.



Jurat: time
and place
of oath.



Officers lor
oaths out of
Territory.



Form of
affidavits.



296. Every person administering oaths shall express the
time when and the place where he takes any affidavit
or reco^izance ; otherwise the same shall not be held
authentic nor be admitted to be filed without the leave of
the Court or judge. [E. 525.] N.W.T., c. 21, E. 297.

297. All examinations, affidavits, declarations, affirma-
tions and attestations in causes or matters depending in the
Territorial Court may be sworn and taken out of the Yukon
Territory in any part of the Dominion of Canada, or in
Great Britain or Ireland, or the Channel Islands, or in any
colony, island, or plantation, or place under the dominion
of His Majesty in foreign parts before any judge, court,
notary public or person lawfully authorised to administer
oaths in such country, colony, island, plantation or place
respectively or before any of His Majesty's consuls or vice
consuls in any foreign part out of His Majesty's dominions
or before a judge of a court of record or a notary public
under his hand aud seal or before a commissioner appointed
for the purpose of taking affidavits outside of the Territory
to be used within said Territory or a commissioner duly
appointed by the judge for such purpose and the judges
and other officers of the Territorial Court shall take judicial
notice of the seal or signature as the case may be of any
such court, judge, notary public, person, consul or vice con-
sul, attached, appended or subscribed to any such examina-
tions, affidavits, affirmations, attestations and declarations.
[E. 526.] N.W.T , c, 21, E. 298.

298. Every affidavit shall be drawn up in the first person
and shall be divided into paragraphs and every paragraph
shall be numbered consecutively and as nearly as may be



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1902 JUDICATURE Cap. 11 201

shall be confined to a distinct portion of the subject. No
costs shall be allowed for any affidavit or part of an affidavit
substantially departing from this rule. ]E. 527.] N.W.T.,
c. 21, E. 299.

299. Every affidavit shall state the description and true Description of
place of abode of the deponent and shall be signed by him. sf^^^
[E. 623.] N.W.T., c. 21, R. 800. ^

300. In every affidavit made by two or more deponents Affidavits by
the names of the several persons making the affidavit shall de][^^nts.
be inserted in the jurat except that if the affidavit of all the
deponents is taken at one time by the same officer it shall

be sufficient to state that it was sworn by both or all of the
" above named " deponents. [E. 529.] N. W T., c. 21, R. 801.

301. Every affidavit used in a cause, matter or proceeding Affidavits^
shall be filed. [E. 530.] N.W.T., c. 21, R. 302. etctobe^ed.

802. The court or judge may order to be struck out from Scandalous
any affidavit any matter which is scandalous and may order J^^^^.
the costs of any application to strike out such matter to be
paid by the ofiending party. [E. 531.] N.W.T., c. 21, R. 803.

303. No affidavit having in the jurat or body thereof any Alterations in
interlineation, alteration or erasure shall without leave of affi^^a^its.
the court or judge be read or made use of in any matter
depending in court unless the interlineation or alteration
(other than by erasure) is authenticated by the initials of
the officer taking the affidavit nor in the case of an erasure
unless the words or fibres appearing at the time of taking
the affidavit to be written on the erasure are written and
signed or initialled in the margin of the affidavit by the
officer taking it. [E. 632.] N.W.T., c. 21, R. 304.

804. Where an affidavit is sworn by any person who ap- Affidavits by
pears to the officer taking the affidavit to be illiterate or {J}?H^*® ^^
blind the officer shall certify in the jurat that the affidavit ^ Person.
was read in his presence to the deponent, that the deponent
seemed perfectly to understand it and and that the deponent
made his signature or mark in the presence of the officer.
No such affidavit shall be used in evidence in the absence
of this certificate unless the court or judge is otherwise
satisfied that the affidavit was read over to and appeared to
be perfectly understood by the deponent. [E. 533.J N.W.T.,
c. 21, R. 305.

305. The court or judge may receive any affidavit sworn useof
for the purpose of being used in any cause or matter not- ^^^*^>J^
i^ithanding any defect by misdescription of parties or *
otherwise in the title or jurat ox any other irregularity in



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2C2



Cap. 11



CONSOLIDATED ORDINANCES



C. 0.



Office copies.



Affidavit
sworn before
solicitor
or agent



or clerk or
partner.



Time limited
for filing.



Affidavits in
answer.



the form thereof and may direct a memorandum to be made
on the document that it has been so received. [B. 534.]
N.W.T., c. 21, E. 306.

306. A copy of an affidavit may in all cases be used the ori-
ginal affidavit having been previously filed and the copy duly
authenticated with the certificate of the clerk with the seal
of the court. [E. 535.] N.W.T., c. 21, R. 307.

307. No affidavit shall be sufficient if sworn before the
solicitor acting for the party on whose behalf the affidavit
is to be used or before any agent of such solicitor or before
the party himself. [E. 536.] N.W.T., c. 21, R. 808.

308. Any affidavit which would be insufficient if sworn
before the solicitor himself shall be insufficient if sworn
before his clerk or partner. [E. 537.] N.W.T., c. 21, R. 809.

309. Where a special time is limited for filing affidavits
no affidavit filed after that time shall be used unless by
leave of the court or judge. On motions founded on affida-
vits either party may by leave of the court or judge make
affidavits in answer to the affidavits of the opposite party
as to new matter arising out of such affidavits. [E. 538.]
N.W.T., c. 21, R- 810.



Affidavits on 310. Except by leave of the court or judge no order made
motioM. ^^ parte in court founded on any affidavit shall be of any
force unless the affidavit on which the application was
made was actually made before the order was applied for
and produced or filed at the time of making the application.
fE. 589] N.W.T., c. 21, R. 811.

Use in 311 All affidavits which have been previously made and

affi^viteused read in court upon any proceedings in a cause or matter
in court. may be used before a judge in chambers. [E. 541.] N.W.T.,
c. 21, R. 312.



Affidavits of
service.



Alterations in

verified

accounts.



Exhibits,
reference to.



312. Affidavits of service upon any party must state when
where and how and by whom such service was effected.
[E. 1020.] N W.T., c. 21, R. 313.

313. Every alteration in an account verified by affidavit
shall be marked with the initials of the commissioner or
officer before whom the affidavit is sworn and such altera-
tion shall not be made by erasure. [E. 542.] N.W.T., c.
21, R. 314.

314. Accounts, extracts and other documents referred to
by affidavit shall not be annexed to the affidavit or referred
to in the affidavit as annexed but shall be referred to as
exhibits. [E. 543.] N.W.T., c. 21, R. 315.



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1902 JUDICATURE Cap. 11 208

315. Every certificate on an exhibit referred to in an affi- Certmoateon
davit signed by the commissioner or officer befoie whom ^^ ^ **'
the affidavit is sworn shall be marked with the short title
of the canse or matter. [E. 544.) N.W.T., c. 21, R. 816.



ORDER XXVIII.

MOTION FOR JUDGMENT.

316. Except where it is otherwise provided that the judg- Jud^ent on
ment may bo obtained in any other manner the jadgment ™o*^>o»^-
of the court shall be obtained by motion for judgment. [E.
569.] N.W.T., c. 21, R. 817.

31*7. Where at or after a trial with a jury the judge has judgment on
directed that any judgment be entered any party may apply findings of
to set aside such judgment and enter any other judgment ^^^'
on the ground that the judgment directed to be entered is
wrong by reason that the finding of the jury upon the ^^^^^ ^^^^
questions submitted to them has not been properly entered.
[B. 561.] N.W.T., c. 21, R. 318.

318. Where at or after a trial by a judge either with or setting aside
without a jury the judge has directed that any judgment j?^^^^*
be entered any party may apply to set aside such judgment bettered
and enter any other judgment upon the ground that upon ^y i^^f^-
the findingas entered the judgment so directed is wrong.

[E. 562.] N.W.T., c. 21, R. 319.

319. An application under the two next preceding rules Application
shall be to the Court en banc. [E. 663.] N.W.T., c. 21, R. to court «i

320. ' ' 6anc.

820. When issues have been ordered to be tried or issues Setting down
or questions of fact to be determined in any manner the ^^^^^'^g^^'^
plaintifiT may set down a motion for judgment as soon as ^te?^ue8
such issues or questions have been determined. If he does *"®^-
not set down such a motion and give notice there-
of to the other parties within ten days after his right so to
do has arisen then after the expiration of such ten days any
defendant may set down a motion for- judgment and give
notice thereof to the other parties. [E. 665.] N.W.T.,c. 21,
B. 82i.

321. When issues have been ordered to be tried or issues After trial
or questions of fiwt to be determined in any manner and 9^ ^""®^^^
some only of such issues or questions of fact have been tried *"*"®®^
or determined any party who considers that the result of
such trial or determination renders the trial or determina-



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204



Cap. 17



CONSOLIDATED ORDINANCES



C. 0.



Motion for
judgment.



Motion to
be set down
within one
year.



tion of the others of them annecessary or renders it desir-
able that the trial or determination thereof shoald be post-
poned may apply to the court or fndgo for leave to set
down a motion for jadgment without waiting for such trial
or determination ; and the court or judge may if satisfied
of the expediency thereof give such leave upon such terms
if any as appear just and may give any directions which
appear desirable as to postponing the trial of the other
issues of fact. [E. 566.] N.W.T., c. 21, E. 822.

822. No motion for judgment shall except by leave of the
court or judge be set down after the expiration of one year
from the time when the party seeking to s«t down the same
first became entitled so to do. [E. 567.] N.W.T., c. 21, R.
828.



Motion for
judgement or
new trial.

Inferences of
fact, etc.



823. Upon a motion for judgment or upon an application for
a new trial the court may draw all inferences of fact not in-
consistent with the finding of the jury and if satisfied that it
has before it all the materials necessary for finally determin-
ing the questions in dispute or any of them or for awarding
any relief sought ^ive judgement accordingly or may if it
is of opinion tnat it has not sufficient materials before it to
enable it to give judgment direct the motion to stand over
for further consideration and direct such issues or (questions
to be tried or determined and such accounts and inquiries
to be taken and made as it thinks fit. [E. 568.] N.W.T., c.
21, R. 824.



Court or judge 824. Where it is made to appear to the Court or judge on
^piil^n* to tl^6 hearing of any application which is pending before
be turned into the Court or judge that it will be conducive to the ends of
iUd^j^entOT justice to permit it, the Court or judge may direct any
hearing of application to be turned into a motion for judgment or
^^^' hearing of the cause or matter ; and thereupon the Court

or jud^e may make such order as to the time and manner
of giving the evidence in the cause and matter and with
respect to the further prosecution thereof as the circum-
stances of the case require ; and upon the hearing it shall
be discretionary with the Court or judge to eitner pro-
nounce a judgment or make such order as the Court or
judge deems expedient. N.W.T., c. 21, R. 825.



Court or judge
may i^ermit
service of
notice of
motion for

before
appearance.



825. Where at any time after the writ of summons has
been issued it is made to appear to the Court or judge on
an ex parte application that it will be conducive to the
ends of justice to permit a notice of motion for a judgment
to be forthwith served the Court or judge may order the
same accordingly and when such permission is granted the
Court or judge shall give such directions as to the service of
the notice of motion and affidavits as are expedient. Upon



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1902 JUDICATURE Cap. 11 206

the hearing of such motion the Court or judge instead of
either granting or refusing the application may give such
directions for the examination of either parties or witnesses
or for the making of further inquiries or with respect to
the further prosecution of the suit as the circumstances of
the case requires and upon such terms as to costs as the
Court or judge thinks right. N.W.T., c, 21, R. 826.



ORDEE XXIX.

JUDGMENT AND ENTRY OF JUDGMENT.

326. Except where otherwise provided every order or Recording
decree and every other judgment that the judge so directs ^ere, decrees
shall be entered by the proper officer at length in a book to judgments.
be kept for such purpose properly indexed and a copy of
such entry certified by the proper officer under the seal of Certified
the Court shall be received for all purposes as of the same ^fdence.
force and eflTect as such original order, decree or judgment.
N.W.T., c. 21, R. 827.

827. Where any judgment is pronounced by the Court, or Judgment to
judge the entry of judgment shall be dated as of the day ^o?^a^
on which such judgment is pronounced unless the Court or pronounced.
judge otherwise orders and the judgment shall take affect

from that date :

Provided that by special leave of the Court orjudge a
judgment may be antidated or postdated. [E. 571.] N.
W.T.. c. 21. R. 828.

828. In all cases not within the next preceding rule the pate of entry
entry of judgment shall be dated as of the day on which i» o^^®' <^*»^'
the requisite documents are left with the proper officer for

the purpose of such entry and the judgment shall take
effect from that date. [E. 572.] N.W.T., c. 21, R. 329.

329. Every judgment or order made in any cause or mat- Time to be
ter requiring any person to do an act thereby ordered shall ^^i^g ^y act
state the time or the time after service of the judgment or ordered to
order within which the act is to be done and upon the copy ^ ^*^"®'
of the judgment or order which shall be served upon the
person required to obey the same there shall be indorsed
a memorandum in the words or to the effect following,
namely :

'* If you the within named A.B, neglect to obey this Memorandum
judgment (or order) by the time therein limited you will *^^*'^^^'^®^'
be liable to process of execution for the purpose of compel-
ling you to obey the same judgment (or order).'* [E. 573.]
N.W.T., c. 21 R. 330.



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206



Cap. 17



CONSOLISiTRD OBDINANCES



c. o.



Entry of
jadnnent on
production of
affidavit or
document.



Entry on
production of
order or
certificate.



CJonsent
judgment.

Defendant
represented.



880. Where it is provided that any judgment may be
entered upon the filing of any affidavit, or production of
any document the clerk shall examine the affidavit or docu-
ment produced and if the same is regular and contains all
that is by law required he shall enter judgment accordingly.
[E. 674.] N.W.T., c. 21, R. 381.

831. Where any judgment may be entered pursuant to
any order or certificate or return to any writ the production
of such order, certificate or return shall be sufficient
authority to the officer to enter judgment accordingly. [E.
575.] N.W.T., c. 21, E. 882.

832. In any cause or matter where the defendant has
appeared by solicitor no order for entering judgment shall
be made by consent unless the consent of the defendant is

gven by his solicitor or agent, [E. 677.] N.W.T., c. 21,
.388.



Ck>nsent
judgment.

Defendant
in person.



883. Where the defendant has not appeared or has
appeared in person no such order shall be made unless the
defendant attends before a judge and gives his consent in
person or unless his written consent is attested by a solici-
tor acting on his behalf. ]E. 678.] N.W.T., c. 21, E. 884.



Satisfaction of 384. Satisfaction of a judgment shall be signed by the
judgment plaintiff* and his personal representatives, or by a solicitor
specially authorized for that purpose in writing unless the
judge on special circumstances set forth by affidavit dis-
penses with such authorisation. N.W.T., c. 21, R. 885.



ORDER 3fXX.



EXECUTION.



Judgment or
order to be
obeved
without
demand.



Conditional
judgment.



I. — Execution Generally,

385. Where any person is by order directed to pay any
money or deliver up or transfer any property real or per-
sonal to another it shall not be necessary to make any de-
mand thereof but the person so directed shall be bound to
obey such order upon being duly served with a copy of the
same without demand. [E. 57^. | N.W.T., c. 21, R. 886.

836. Where any person who has obtained any judgment
or order upon condition does not perform or comply with
such condition he shall be considered to have waived or
abandoned such judgment or order so far as the same is
beneficial to himself and any other person interested in the



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1902 JUDICATURE Cap. 17 207

matter may on breach or non-performance of the condition Bp^h or non-
take either such proceedings as the judgment or order Sf conditkm.
in such case warrants or such proceedings as might have
been taken if no such judgment or order had been made
unless the Court or judge otherwise directs. [E. 580.] N.
W.T., c. 21, R. 837.

337. Every person to whom any sum of money or any Execution
costs are payable under a judgment or order so soon as the ^^^enTof
money or costs are payable shall be entitled to sue out one money.
or more writ or writs of fieri facias to enforce payment
thereof subject nevertheless as follows :

(a) If the judgment or order is for payment within a ^^lowwi b™^
period therein mentioned no such writ as aforesaid liidgmentJ
shall be issued until after the expiration of such
period ;

(b) The court or a judge may at or after the time of stay of
giving judgment or making an order stay execution ®^®<^*»o"-
until such time as it or he thinks fit. [E. 595.]
N.W.T., c. 21, E. 338.

338. A judgment for the recovery or for the delivery or Recovery
the possession of land may be enforced by writ of possession. ^^ ^"^'
[E. 583.] N.W.T., c. 21, R. 339.

339. A judgment for the recovery of any property other Recovery of
than land or money may be enforced by writ for the de- ^^^'^^p^p^'"*^
delivery of the property. [E. 584.] N.W.T., c. 21, R. 340.



340. A judgment requiring any person to do any act Judgment to
other than the payment of money or to abstain from doing ^^Z^Tt.
anything may be enforced by writ of attachment or by
committal. [E. 585.] KW.T., c. 21, R. 341.



341. Where a judgment or order is to the effect that Judpnenton
any party is entitled to any relief subject to or upon the *»"^'**<^°-
fulfilment of any condition or contingency the party so en-
titled may upon the fulfilment of the condition or contin-
gency and demand made upon the party against whom he
is entitled to relief apply to the judge for leave to issue Execution of.
execution against such party ; and the judge may if satis-
fied that the right to relief has arisen according to the terms
of the judgment or order, order that execution issue accord-
ingly or may direct that any issue or question necessary for
the aetermination of the rights of the parties be tried in
any of the ways in which questions arising in any action
may be tried. [E. 587.] N.W.T., c. 21, E. 342.

342. "Where a judgment or order is against a firm ex- Execution
ecution may issue : jud^^^ent

(a) Against any property of the partnership ; agamst firms.



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208



Cap. 11



CONSOLIDATED ORDINANCES



c. o.



(b) Against the property of any person who has ap-
peared in his own name or who has admitted on the
pleadings that he is or who has been adjudged to be
a partner ;

(c) Against the property of any person who has been
individually served as a partner with a writ of sum-
mons and has failed to appear ;

(2) If the party who has obtained judgment or an order
claims to be entitled to issue execution against any other
person as being a member of the firm he may apply to a
judge for leave so to do ; and a judge may ffive such leave
if the liability is not disputed or if such liability is dis-
puted may order that the liability of such person be tried
arid determined in any manner in which any issue or ques-
tion in an action may be tried and determined ; but except
as against any property of the partnership a judgment
Mrt^lLr^^of gainst a firm shall not render liable, release or otherwise
jurisdiction, affect any member thereof who was out of the jurisdiction
when the writ was issued and who has not appeared to the
writ unless he has been made a party to the action or has
been served with the writ in the action. [E. 648A.] N.W.
T., c. 21, R. 848.



Application
for leav.e to
issue against
members
of firm.



Judgment



Praeci^ for
execution.



Execution,
one or more.



Date of

exei.ution.

Duration.

Renewal.



843. No writ of execution shall be issued without the
party issuing it or his solicitor filing a prcecipe for that pur-
pose ; the prcecipe shall contain the title of the action, the
reference to the record, the date of the judgment and of
the order if any directing the execution to be issued, thd
names of the parties against whom or of the firm against
whose goods the execution is to be issued and shall be
signed by or on behalf of the solicitor of the party issuing
it or by the party issuing it if he does so in person [E. 590 J
N.W.T., c. 21, E. 344.

344. When entitled thereto the party in whose favour
such judgment has been entered may have one or more
writs of execution directed to the sheriff* for levying the
amount due on such judgment and legal interest thereon
and costs subsequent to such judgment by distress and sale
of the goods and chattels and personal property liable to
seizure and sale for debt of the party against whom the said
judgment has been so entered N. W .T., c. 21, R. 845.

345. Every writ of execution shall bear date the day of
its issue and shall remain in force for two years from its
date (and no longer if unexecuted unless renewed) but
such writ may at any time before its expiration and so
from time to time during the continuance of the renewed
writ be renewed by the party issuing it for two years from
the date of such renewal by being marked in the margin
with a memorandum to the effect following : " Renewed



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1902 JUDICATURE Cap. 1*7 209

for two years from the day of A.D. 19 ,"

(signed by the clerk) ; and the production of a writ of
execution marked as renewed in manner aforesaid shall be
sufficient evidence of its having been so renewed ; and a
writ of execution «o renewed shall have eflfect and be
entitled to priority according to the time of the original
delivery thereof. N.W.T., c. 21, E. 846.

846. Every writ of execution for the recovery of money indowement
shall be indorsed with a direction to the sheriff or other ^ ^^^^
officer or person to whom the writ is directed to levy the
money really due and payable and sought to be recovered

under the judgment or order stating the amount and also
to levy legal interest thereon, if sought to be recovered,
together with sheriff's fees, poundage and other expenses
of execution. [E. 594.] N. W.T., c. 21, E. 847.

847. As between the original parties to a judgment or Execution
order execution may issue at any time within six years ^-[^^x
from the recovery of the judgihent or the date of the order, yeare.
[E. 600.] N.W.T., c. 21, E. 848.



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 26 of 77)