The Magistrates Court Act

Transcription

1 The Magistrates Court Act UNEDITED being Chapter 110 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation APPOINTMENT OF JUDGES 3 Appointment 4 Persons eligible for appointment JURISDICTION 5 Jurisdiction of judges RESIDENCE, AREA OF JURISDICTION, ETC. 6 Powers of Attorney General 7 During pleasure 8 Retirement 9 Appeal against removal before attaining age of seventy years 10 Non-application of section 9 11 Resignation EX OFFICIO JUDGES 12 District court judges ex officio judges of magistrates courts ACCOMMODATION AND STAFF 13 Accommodation and staff in city or town OATHS OF OFFICE 14 Oath of allegiance and oath of office of judge 15 Oath of office of court reporter 16 Record of oaths 20 Entry respecting uncollected fine or penalty 21 Return open to inspection 22 Penalty 23 Disposition of unclaimed moneys 24 Enforcement of provisions respecting deposits and returns 25 Certain penalties to be in addition to penalties otherwise provided by law PROCEDURE 26 Application of certain provisions of Criminal Code MISCELLANEOUS 27 Disposal of pending business on resignation, etc., of judge 28 Duty of judge to deliver certain property to successor 29 Who may act during absence of judge 30 Judge not disqualified where complainant related to him 31 Judge not to engage in other duties 32 Power to grant annuities to judge and widow of judge 33 Amount and duration of annuity of judge 34 Amount and duration of annuity of widow and judge 35 Payment of annuities in monthly instalments 36 Special provisions respecting judges with relation to Public Service Superannuation Act 37 Provincial magistrates deemed to be judges 38 Matters pending on day of appointment 39 Judge deemed to have powers of magistrate. etc/ SCHEDULE FEES, DEPOSITS, RETURNS, ETC. 17 Fees 18 Deposits 19 Returns

3 CHAPTER 110 An Act respecting Magistrates Courts SHORT TITLE Short title 1 This Act may be cited as The Magistrates Courts Act. R.S.S. 1965, c.110, s.1. Interpretation 2 In this Act: INTERPRETATION court judge (a) court means a magistrate s court; (b) judge means a judge of the magistrates courts. APPOINTMENT OF JUDGES 1963, c.80, s.2; R.S.S. 1965, c.110, s.2. Appointment 3 The Lieutenant Governor in Council may appoint one or more persons to be judges of the magistrates courts who shall each be paid a salary of $12,000 per annum. 1963, c.80, s.3; R.S.S. 1965, c.110, s.3. Persons eligible for appointment 4 No person shall be appointed a judge unless he is a member in good standing of the bar of one of the provinces of Canada and has been such a member or a provincial magistrate for at least five years immediately before the day on which he is appointed. 1963, c.80, s.4; R.S.S. 1965, c.110, s.4. JURISDICTION Jurisdiction of judges 5(1) A judge appointed under this Act shall: (a) have jurisdiction as such throughout Saskatchewan; (b) have all the power and authority now or hereafter vested in or conferred upon two justices of the peace sitting and acting together under any law in force in Saskatchewan;

4 (c) have the power to perform all the acts and duties that a provincial magistrate or other magistrate or one or more justices of the peace may perform under any Act of the Parliament of Canada from time to time in force in Saskatchewan and applicable thereto, including the exercise of jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code; (d) have the power to perform all the acts and duties that a provincial magistrate is now or hereafter authorized to exercise or perform under any Act now or hereafter in force; (e) have the right to exercise such other powers and to perform such other duties as are, by order of the Lieutenant Governor in Council, conferred upon or vested in a judge; and he shall by virtue of his office be a provincial magistrate and a justice of the peace for Saskatchewan. (2) A judge shall exercise the powers and perform the duties mentioned in subsection (1). 1963, c.80, s.5; R.S.S. 1965, c.110, s.5. RESIDENCE, AREA OF JURISDICTION, ETC. Powers of Attorney General 6 The Attorney General may from time to time: (a) designate the place at which a judge shall establish his residence; (b) designate the place or places at which a judge shall hold court; (c) designate the place or places at which a judge shall establish an office ; (d) designate the day or days on which a judge shall hold court at any place; (e) designate the place or places, and the area or areas within which or in respect of which, a judge shall exercise his jurisdiction ; (f) require a judge to change his place of residence, or to change the place or places at which he is to hold court, or to change the day or days on which he is to hold court at any place, or to establish an office at a different place than the place at which he has an office; (g) change the place or places, or the area or areas within which or in respect of which, a judge is to exercise his jurisdiction; (h) require a judge to act, during the absence of another judge, in the place and stead of the judge who is absent. 1963, c.80, s.6; R.S.S. 1965, c.110, s.6. During pleasure 7 A judge shall hold off ice during the pleasure of the Lieutenant Governor in Council. 1963, c.80, s.7; R.S.S. 1965, c.110, s.7.

5 Retirement 8(1) Notwithstanding sections 4 and 8 of The Public Service Superannuation Act, a judge shall, subject to subsection (2), retire upon attaining the age of seventy years. (2) The Lieutenant Governor in Council may, upon the recommendation of the Attorney General, by order authorize the retention of the services of a judge after he attains the age of seventy years for such period or periods and upon such terms as may be deemed expedient and as shall be stated in the order. 1963, c.80, s.8; R.S.S. 1965, c.110, s.8. Appeal against removal before attaining age of seventy years 9(1) Where a judge is removed from office and the removal is effective before he reaches the age of seventy years, he may within one month after receiving notice of the removal appeal to the Lieutenant Governor in Council against the removal by leaving a written notice of appeal with the Clerk of the Executive Council. (2) Where a judge appeals under subsection (1) the Lieutenant Governor in Council shall appoint one or more judges of the Court of Queen s Bench to enquire into the circumstances leading to the dismissal and to report thereon, and a judge or the judges so appointed shall have all the powers conferred upon commissioners by sections 3 and 4 of The Public Inquiries Act. (3) The judge or judges so appointed shall give the Attorney General and the judge reasonable notice of the time and place appointed for holding the inquiry and give them full opportunity by themselves or their counsel to present evidence, crossexamine witnesses and make submissions. (4) Upon completing the inquiry the judge or judges so appointed shall make a written report on their findings to the Lieutenant Governor in Council who may take such action on the report as he deems advisable. (5) The report together with the order removing the judge and all reports, correspondence and papers relating thereto shall be laid before the Legislative Assembly forthwith if then in session or, if it is not in session, within fifteen days after the commencement of the next session. 1963, c.80, s.9; R.S.S. 1965, c.110, s.9. Non-application of section 9 10(1) Section 9 does not apply to a judge: (a) who is by the terms of his appointment required to devote only a portion of his time to his duties as a judge; (b) who, being required to devote his full time to his duties as a judge, fails to do so; (c) who has served for a period of less than one year from the date of his appointment as a judge; (d) who is removed from office for failure to make deposits pursuant to section 18 or make returns pursuant to section 19. (2) Notwithstanding subsection (1), section 9 applies to a judge who is required to devote a portion of his time to his duties in another position in the public service of Saskatchewan. 1963, c.80, s.10; R.S.S. 1965, c.110, s.10.

6 Resignation 11 A judge may at any time resign his office by writing signed by him and delivered to the Attorney General. 1963, c.80, s.11; R.S.S. 1965, c.110, s.11. EX OFFICIO JUDGES District court judges ex officio judges of magistrates courts 12 Every district court judge, whether appointed before or after the coming into force of this Act, shall be ex officio a judge of the magistrates courts for Saskatchewan and courts shall be deemed to have been appointed as such, and it shall be deemed that his appointment as a judge included terms specially authorizing him to exercise the jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code and he shall exercise such jurisdiction and shall have and exercise the jurisdiction conferred upon a judge by this Act. 1963, c.80, s.12; R.S.S. 1965, c.110, s.12. ACCOMMODATION AND STAFF Accommodation and staff in city or town 13(1) Where the Attorney General has designated a city or town as the place within or in respect of which a judge shall exercise his jurisdiction the council of the city or town, at the request of the Attorney General, shall, at the expense of the city or town, provide: (a) at a convenient location readily accessible to the public, for use by the judge in the transaction of his business: (i) a suitably furnished and equipped courtroom; and (ii) a suitably furnished and equipped office; (b) a person to perform the duties of clerk to the judge; (c) a person to perform the duties of court reporter to the judge; (d) one or more rooms in which exhibits and documents or other things may be kept locked up and secured during any period when they are not required in the court-room; (e) a person who at the request of the judge shall take charge of any exhibit, document or other thing during any period when it is not required in the courtroom and keep it secure until it is required in the court-room. (2) The persons provided by a city or town pursuant to subsection (1) shall be employees of and paid by the city or town but while they are required to perform duties for the court they shall be under the direction of the judge. (3) Nothing in this section prevents a city or town from employing one person to perform the duties of more than one of the positions mentioned in subsection (1) or an employee from devoting a part of his time to the duties of another position with the city or town if the approval of the Attorney General is first obtained, which approval, if given, may be given subject to such conditions as the Attorney General may deem advisable.

7 (4) The Attorney General may at any time revoke or alter an approval given under subsection (3) if in his opinion the revocation or alteration is advisable. 1963, c.80, s.13; R.S.S. 1965, c.110, s.13. OATHS OF OFFICE Oath of allegiance and oath of office of judge 14 A judge appointed under this Act shall before he exercises his jurisdiction as a judge take and subscribe the oath of allegiance and the following oath before a person authorized to administer oaths in Saskatchewan: I,, of in the Province of Saskatchewan, do swear that I will well and truly serve our Sovereign Lady the Queen in the office of a judge of the magistrates courts, and that I will duly and faithfully and according to the best of my ability and knowledge execute the several duties and powers of a judge of that court. Sworn before me at this day of, , c.80, s.15; R.S.S. 1965, c.110, s.14. Oath of office of court reporter 15 Every court reporter employed by a city or town to act as court reporter in a court shall, at the time of his appointment and before entering upon the duties of his office, take the following oath before a judge: I,, of in the Province of Saskatchewan, do solemnly and sincerely promise and swear that I will truly and faithfully take and report the evidence and proceedings at the trial in each case in which it may be my duty to act as a court reporter. Sworn before me at this day of, , c.80, s.15; R.S.S. 1965, c.110, s.15. Record of oaths 16 The oaths of allegiance and office taken by a judge and the oath of office taken by a court reporter shall be transmitted to the Attorney General and the Attorney General shall file the oaths in his office. 1963, c.80, s.16; R.S.S. 1965, c.110, s.16. FEES, DEPOSITS, RETURNS, ETC. Fees 17(1) Every judge shall be en titled to have paid to him all fees authorized to be taken by justices of the peace or provincial magistrates under any law in force in Saskatchewan or under any municipal bylaw. (2) Such fees shall, if no other provision is made with respect thereto, belong to the Crown for the public uses of the province and it shall be the duty of every judge to collect all such fees and deposit them in accordance with section , c.80, s.17; R.S.S. 1965, c.110, s.17.

8 Deposits 18 Every judge who receives the amount of any fine, penalty, fees or other sum of money that is payable to the province or belongs to the Crown for the public uses of the province shall forthwith after he has received the amount deposit it in an account designated Attorney General, Magistrates Courts Suspense Account in a branch of a chartered bank designated by the Provincial Treasurer. 1963, c.80, s.18; R.S.S. 1965, c.110, s.18. Returns 19(1) A judge shall for each month prepare in duplicate a return (form A) showing the disposition of every matter commenced, tried, heard or adjudicated upon by or before him and shall : (a) before the fifteenth day of the month next succeeding the month in respect of which the return is made forward the return, signed by him to the Attorney General; and (b) retain the duplicate of the return, signed by him, in his office. (2) All entries on the return shall be made forthwith upon the happening of the event in respect of which information is to be entered. (3) The return shall truly set forth the information indicated as required by the headings to the several columns in the form. 1963, c.80, s.19; R.S.S. 1965, c.110, s.19. Entry respecting uncollected fine or penalty 20 Where a fine or penalty is not collected within three months after the imposition thereof, the judge who imposed the fine or penalty shall enter the reason therefor in the column for remarks opposite the appropriate entry on the duplicate of the return in his office. 1963, c.80, s.20; R.S.S. 1965, c.110, s.20. Return open to inspection 21 The duplicate of a return retained in the office of a judge may be inspected without charge by any person at any reasonable time. 1963, c.80, s.21; R.S.S. 1965, c.110, s.21. Penalty 22 A judge who receives any moneys in respect of a conviction or order made by him and neglects to make or cause to be made the proper entry with respect thereto for more than one month after the receipt thereof shall forfeit and pay the sum of $100 together with costs of suit to be recovered by the Attorney General on behalf of Her Majesty in the Court of Queen s Bench as a debt, and that sum and the amount of the costs, when recovered, shall form part of the general revenue of the province. 1963, c.80, s.22; R.S.S. 1965, c.110, s.22.

9 Disposition of unclaimed moneys 23 The Lieutenant Governor in Council may by order provide for the disposition of unclaimed moneys that are held by a judge and have been so held for a period exceeding six years after the day on which the moneys were paid or for such other period as the Lieutenant Governor in Council may determine, and for the disposition of which no provision is made in this or any other Act. 1963, c.80, s.23; R.S.S. 1965, c.110, s.23. Enforcement of provisions respecting deposits and returns 24(1) A judge whose duty it is to deposit fines, penalties, fees or other moneys or to make returns and who fails to deposit a sum of money or to make a return in the manner and at the time prescribed by or under this Act may be required, by written notice from the Attorney General, forwarded to the usual or last known address of the judge by mail or delivered to him in person, to make the deposit or return forthwith. (2) If, upon the expiration of thirty days after the date of the mailing or delivery of the notice, the judge fails to make the deposit or return, the Lieutenant Governor in Council may, upon receipt of a report from the Attorney General, cancel the appointment of the judge, and thereupon the judge shall be deprived of all power, authority and jurisdiction as a judge and as a justice of the peace and shall not be eligible for reappointment. 1963, c.80, s.24; R.S.S. 1965, c.110, s.24. Certain penalties to be in addition to penalties otherwise provided by law 25 The penalties provided for by this Act in respect of the omission to deposit moneys or to make entries or returns are in addition to all other fines, penalties or punishment provided therefor by any other Act or law in force in Saskatchewan and do not affect any other right or remedy that Her Majesty may have by law or in respect thereof. 1963, c.80, s.25; R.S.S. 1965, c.110, s.25. PROCEDURE Application of certain provisions of Criminal Code 26 Unless otherwise specially provided, the provisions of the Criminal Code relating to summary convictions and to extraordinary remedies apply to proceedings before judges under or by virtue of any law in force in Saskatchewan or under municipal bylaws and to appeals from convictions or orders made thereunder. 1963, c.80, s.26; R.S.S. 1965, c.110, s.26. MISCELLANEOUS Disposal of pending business on resignation, etc., of judge 27(1) Where a judge through resignation, removal, death or other cause ceases to hold office, any business pending before him may on application of the party lawfully moving in the matter be taken up and proceeded with by any other judge.

10 (2) In such case any pending summons, warrant, process, order, conviction or other matter or thing may be taken up, proceeded with and enforced by the judge applied to notwithstanding that the initiatory proceedings were not taken before him. 1963, c.80, s.27; R.S.S. 1965, c.110, s.27. Duty of judge to deliver certain property to successor 28(1) Every judge who has possession, custody or control of any books, records, documents, accounts, vouchers, reports or other things belonging to or relating to his office and not being private property shall, as part of the duties of his office, give up possession thereof and deliver them to his successor in office or to a person directed by the Attorney General to demand possession thereof and to receive them. (2) A person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $ , c.80, s.28; R.S.S. 1965, c.110, s.28. Who may act during absence of judge 29(1) Where a judge is or expects to be absent from his duties because of illness or any other cause: (a) any other judge of his own motion or at the request of the judge who is or expects to be absent or at the request of the Attorney General ; (b) any barrister who is qualified for appointment as a judge under section 4, at the request of the judge who is or expects to be absent; may act in the place of and exercise the powers of the judge who is or expects to be absent and shall be deemed to have been appointed to so act and by the terms of his appointment to be specially authorized to exercise the jurisdiction conferred upon a magistrate by Part XVI of the Criminal Code and upon a judge by this Act. (2) Subsection (1) applies also with respect to any cause, matter, prosecution or proceeding in which the initiatory proceedings have been taken before the judge who is absent. (3) No barrister shall act under subsection (1) for more than seven days in any period of thirty days without the approval in writing of the Attorney General. 1963, c.80, s.29; R.S.S. 1965, c.110, s.29. Judge not disqualified where complainant related to him 30 No judge shall be disqualified from acting in respect of any matter by reason of the fact that the complainant or informant is related to the judge, if the complainant or informant is acting in a public or official capacity. 1963, c.80, s.30; R.S.S. 1965, c.110, s.30. Judge not to engage in other duties 31(1) Subject to subsection (2), no judge shall act as an agent, banister or solicitor in any cause, matter, prosecution or proceeding, nor shall he alone or in partnership with any other person practise any profession or engage in any business, trade or occupation, but he shall devote his full time to the performance of his duties as a judge. (2) Subsection (1) does not apply to a judge:

11 (a) who is required to devote a portion of his time to another position in the public service of Saskatchewan; (b) who is by the terms of his appointment required to devote only a portion of his time to his duties as a judge. 1963, c.80, s.31; R.S.S. 1965, c.110, s.31. Power to grant annuities to judge and widow of judge 32(1) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, grant an annuity: (a) to a judge who under this Act is deemed to have been appointed or has been appointed as such on the first day of January, 1964, and who: (i) on that day was not over the age of seventy years; (ii) resigns or is retired from his office after having attained the age of seventy years; and (iii) on the day on which he resigns or is retired from his office has served continuously, for a period of ten years, as a judge or consecutively as a provincial magistrate and a judge or consecutively as a police magistrate, a provincial magistrate and a judge; (b) to a judge appointed under this Act after the first day of January, 1964, who: (i) on the day of his appointment was not over the age of sixty years; (ii) resigns or is retired from his office after having attained the age of seventy years; and (iii) on the day on which he resigns or is retired from his office has served continuously, for a period of ten years, as a judge or consecutively as a provincial magistrate and a judge or consecutively as a police magistrate, a provincial magistrate and a judge; (c) to a judge who: (i) on the day of his appointment had not attained the age of sixty years; (ii) is in the opinion of the Attorney General after such inquiry as he deems advisable, unable to perform satisfactorily the duties of his office as a judge by reason of his having become afflicted with a permanent infirmity; (iii) on the day on which he resigns or is retired from his office because of that infirmity has served continuously as a judge for a period of at least one year after the day of his appointment or after the first day of January, 1964, whichever day is the later; (d) to the widow of a judge who, having been granted an annuity, dies; (e) to the widow of a judge who, having served continuously as a judge or consecutively as a provincial magistrate and a judge for a period of at least ten years after the first day of January, 1964, dies while holding office, if the judge:

12 (i) was appointed as such or was under this Act deemed to have been appointed as such on or before the first day of January, 1964, and had not attained the age of seventy years on the first day of January, 1964; or (ii) was appointed as such on or after the first day of January, 1964, and had not attained the age of sixty years before the day of his appointment. (2) Eligibility for an annuity under this Act shall be determined with reference only to periods of service as a judge and as a police magistrate and as a provincial magistrate that were continuous and during which the judge or magistrate devoted his full time to his duties as a judge or magistrate and did not engage in any other occupation for which he was paid for his services, unless while serving as a judge or magistrate he is or was required to devote a portion of his time to his duties in another position in the public service of Saskatchewan, in which case his service shall be counted as if he had devoted his full time to his duties as a judge or magistrate, and any annuity granted to such a judge shall be computed with reference to the salary rate provided for judges. (3) No annuity shall be granted under this Act to a judge who is entitled to receive an annuity under any other Act in respect of his services as a judge or other position or positions in the public service of Saskatchewan. (4) No annuity shall be granted under this Act to the widow of a judge if: (a) on the day of death of the judge the widow is in receipt of or entitled to receive an annuity under any other Act; (b) the widow married the judge after he ceased to hold office as a judge or after he attained the age of sixty years. 1963, c.80, s.32; R.S.S. 1965, c.110, s.32. Amount and duration of annuity of judge 33(1) An annuity granted to a judge shall be equivalent to one-half of the salary being paid to the judge on the day of his retirement and shall commence on the day of his retirement and, subject to subsection (2), continue during the whole of his lifetime. (2) Where a judge to whom an annuity has been granted by reason of his having become afflicted with a permanent infirmity is, in the opinion of the Attorney General after such inquiry as he deems advisable, able to perform the duties of a judge, the Lieutenant Governor in Council may, on the recommendation of the Attorney General, by order discontinue payment of the annuity or suspend payment of the annuity for a period and upon conditions to be stated in the order. 1963, c.80, s.33; R.S.S. 1965, c.110, s.33. Amount and duration of annuity of widow and judge 34(1) An annuity granted to the widow of a judge who: (a) is being paid an annuity at the time of his death, shall be equivalent to one-half of that annuity; (b) is employed as a judge at the time of his death, shall be equivalent to one-fourth of the salary of the judge on the day of his death.

13 (2) An annuity granted to the widow of a judge shall commence on the day of the death of the judge and, subject to subsection (3), continue during the whole of her lifetime. (3) An annuity payable to a widow of a judge shall cease upon her remarriage. 1963, c.80, s.34; R.S.S. 1965, c.110, s.34. Payment of annuities in monthly instalments 35 All annuities granted under this Act shall be payable in twelve equal monthly instalments and the first instalment shall become payable on the first day of the month after the day on which the annuity becomes payable, except that the first instalment and the last instalment of an annuity shall each be an amount that bears the same ratio to one-twelfth of the annuity as the number of days in respect of which the annuity is payable in the current month bears to thirty. 1963, c.80, s.35; R.S.S. 1965, c.110, s.35. Special provisions respecting judges with relation to Public Service Superannuation Act 36 Notwithstanding anything in The Public Service Act, The Public Service Superannuation Act or any other Act or in any order or regulation made under The Public Service Act, The Public Service Superannuation Act or any other Act: (a) a judge who on the first day of January, 1964, or on the day of his appointment, whichever is the later, was contributing under The Public Service Superannuation Act, may, on or before the thirty-first day of December, 1964, or within one year after the day of his appointment, whichever is the later, by notice in writing to the chairman of The Public Service Superannuation Board elect to cease contributing under that Act, and where such an election is made it is irrevocable and the judge shall be ineligible for any superannuation allowance under that Act, and there shall be refunded to the judge an amount equal to his contributions together with, in the case of a judge employed as such on the first day of January, 1964, accrued interest to that day or, in any other case, accrued interest to the day of his appointment; (b) subject to clause (c), a judge shall not be required to and shall not contribute under The Public Service Superannuation Act unless he is a contributor on the day of his appointment and does not elect under clause (a) to cease contributing under that Act; (c) a judge who on the first day of January, 1964, or on the day of his appointment, whichever is the later, was contributing pursuant to section 47 of The Public Service Superannuation Act shall have refunded to him his contributions together with accrued interest in an amount equal to the amount of accrued interest that would have been payable if he had retired on the first day of January, 1964, or, in the case of a judge appointed after that day, on the day of his appointment, unless he is by reason of his age on the first day of January, 1964, or on the day of his appointment, as the case may be, ineligible for an annuity under this Act, in which case he may, subject to the said section 47, continue to contribute and be eligible for the benefits provided for that section;

14 (d) where on the day of his appointment as a judge a person is a contributor under The Public Service Superannuation Act and does not elect under clause (a) to cease contributing under that Act, nothing in this Act prevents his retirement, or the granting to him of a superannuation allowance or other benefit, pursuant to that Act. 1963, c.80, s.36; R.S.S. 1965, c.110, s.36. Provincial magistrates deemed to be judges 37 A person who is a provincial magistrate when this Act comes into force and is a member in good standing of the bar of one of the provinces of Canada and has been such a magistrate or member for at least five years immediately before the day on which this Act comes into force shall be deemed to have been appointed under this Act as a judge and shall be subject to this Act and have the jurisdiction and powers thereby conferred upon judges, and any cause, matter, prosecution or proceeding pending before him as a provincial magistrate may be continued before him as a judge. 1963, c.80, s.37; R.S.S. 1965, c.110, s.37. Matters pending on day of appointment 38 Where a person is a provincial magistrate on the day gent on which he is appointed as a judge any cause, matter, prosecution or proceeding pending before him as a provincial magistrate may be continued before him as a judge. 1963, c.80, s.38; R.S.S. 1965, c.110, s.38. Judge deemed to have powers of magistrate. etc/ 39 Where any Act confers powers upon or provides that a matter may be heard before a magistrate, police magistrate or provincial magistrate, like powers and the authority to hear such a matter shall be deemed to have been conferred upon a judge. 1963, c.80, s.39; R.S.S. 1965, c.110, s.39.

15 SCHEDULE FORM A (Section 19) RETURN BY JUDGE OF MAGISTRATES S COURTS I, the undersigned, a judge of the magistrates courts, do hereby certify the following to be a true and correct return of all proceedings had in the month of, 19, in which I took part as such judge. No Name of accused or respondent Name and occupation of informant Nature of charge or matter Act or bylaw proceeded on Place of hearing Date of hearing Adjudication, sentence, if any, amount of fine, if any, imposed Amount of costs imposed Amount of judge s fees collected Miscellaneous Recept No. To whom penalty paid by judge Date Amount Deposited in bank Remarks, giving sebsequent action, if any, and if fine imposed has not been paid, giving reasons for nonpayment; R.S.S. 1965, c.110, s. Dated at, 19. Judge of the Magistrates Courts.

16 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER