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Saskatchewan Gen Web Project - SASKATCHEWAN AND ITS PEOPLE by JOHN HAWKES Vol 1I 1924


Dear Saskatchewan GenWeb Enthusiasts,

We come bearing exciting news for those who have journeyed through the corridors of the old Provincial Saskatchewan GenWeb site hosted by Rootsweb and Ancestry. Fear not, for our webpages will not only endure but thrive in a new digital haven!

New Beginnings, Rejuvenated Dedication:

Discover our revamped home at https://saskgenweb.ca/cansk/Saskatchewan. This transition marks the continuation of our unwavering commitment to document the rich history of Saskatchewan. The legacy of the one-room schoolhouses, cemetery headstones, historical maps, and the plethora of placenames will persist.

Navigating History's Landscape:

As we weave through the diversity of Saskatchewan's past, these webpages serve as a compass, guiding you to the closest one-room schoolhouse, a church or cemetery, or the nearest town or Rural Municipality for your genealogical or historical quest.

Patreon: A Beacon of Support:

The heart of this journey lies in the support of our growing Patreon community. With their encouragement, we've secured a new domain and web hosting provider-ensuring that the flame of this service continues to burn bright.

Grow With Us:

Join our Patreon community, become a pillar in our efforts to persist year after year. Your support is not just a contribution; it's a testament to the value of preserving the stories that make Saskatchewan unique.

Visit Our New Webpages:

Explore the evolving Saskatchewan GenWeb at https://saskgenweb.ca/cansk/Saskatchewan. The digital canvas is ready to be painted with the vibrant strokes of history.

Support Us on Patreon:

Behind every webpage update, every historical map scanned, and every record documented, there is a dedicated team of volunteers. If you find our service beneficial, consider supporting us through Patreon. Your contribution ensures that the Saskatchewan GenWeb remains a beacon for historians, genealogists, and the public.

Gratitude to Ancestry.com and Rootsweb.com:

We express our deep gratitude to Ancestry.com and Rootsweb.com for providing the foundation upon which this digital tapestry was woven. Now, as we transition, we seek your support in maintaining paid web hosting.

Sustaining a Legacy:

The Saskatchewan GenWeb service has been a cornerstone for those seeking to unravel the past. Today, we invite you to stand with us in ensuring its continued existence for generations to come.

Join Us in This Exciting Chapter:

Visit https://saskgenweb.ca/cansk/Saskatchewan and witness the renaissance of the Saskatchewan GenWeb. Thank you for being a vital part of our community and for your enduring passion for genealogy and history in our best beloved province of Canada.

Warm regards,

The Saskatchewan GenWeb Volunteer Team




SASKATCHEWAN AND ITS PEOPLE
1924
Volume II



	          

THE JUDICIARY.

What we may call the judicial period of the Stipendiary Magistrates continued from 1876 to 1885, when the Stipendiaries were made Judges. The powers of the stipendiary were those of any two Justices of Peace; they could also try without a jury, the accused assenting, any charge the maximum penalty for which did not exceed seven years' imprisonment. But if the accused did not consent then the magistrate, with an associate Justice of the Peace and a jury of six, would try. the case. When the punishment for a crime (other than punishment by death) exceeded seven years then the case had to be tried by a jury with an associate Justice of the Peace sitting with the Stipendiary. Any person sentenced to death had the right of appeal to the Court of the Queen's Bench of Mani- toba. There was no right of appeal in other criminal cases, this being in accordance with the practice of the British Empire. at the time.

By the Civil Justice Ordinance of 1878 the Territories were divided into three Judicial Districts.; one was called the Saskatchewan District with Battleford as its centre; another the Bow River District (Alberta), and the third the Qu'Appelle District. The Saskatchewan District was allotted to Stipendiary Magistrate Rouleau (who succeeded Mr. Ryan); the Bow River District to Colonel Macleod, who had resigned the Com- missionership of the Police to become a Stipendiary; and the Qu'Appelle or Assiniboia District to Stipendiary Magistrate Richardson. The Civil Justice Ordinance was amended and consolidated in 1884. Under this consolidation the three Judicial Districts were re-named as the Assiniboia, Alberta and Saskatchewan Districts respectively. The Assiniboia Dis- trict comprised the provisional district of that name; the Alberta District comprised the provisional district of Alberta south of townships num- bered forty-one; the Saskatchewan District comprised the provisional districts of Saskatchewan and Athabaska, and that portion of Alberta lying north of the Alberta Judicial District.

In 1885 the recently amended and consolidated Civil Justice Ordinance was again more or less thoroughly overhauled. The Stipendiaries ceased to exist as such, and, collectively, they were formed into a "High Court of Justice." They further became "Judges." Section 1 as substituted for section 1 of the previous ordinance ran (1) the Stipendiary Magis- trates appointed under the, Northwest Territories Act 1880 and amend- ments thereto shall be and form a Court of Civil Jurisdiction to be styled the "High Court of Justice" and the word "Judge" whenever it occurs in this Ordinance shall mean such Stipendiary Magistrate. The Judicial Districts remained the same, and there were the same three Stipendiaries or Judges, viz.: Richardson, Macleod and Rouleau. The consolidated ordinance of 1884 contained 101 sections; that of 1885 had 33 amended or substituted sections and 15 new ones; but much of this diligent law- making might have been spared had the North West Council been pre- pared for the unusual and for them, almost galvanic promptitude with which the Federal Government acted in the Session at Ottawa following that in which the North West Council, greatly daring, had established a High Court of Justice. The usual delegation had gone down from Regina to advocate Northwest claims.

In the "Speech from the Throne" in October, 1886, Lieutenant-Gover- nor Dewdney said :-"One of the most important results of the visit of your delegates has been the legislation passed during the last Session of the Dominion Parliament which provides for the establishment of a Supreme Court in the Territories, including a Court of Appeal, and in- volving the appointment of an increased number of Judges and Officers of the Court. As consequent legislation has become necessary on the part of this council I caused bills to be prepared which will be at once submitted for your consideration." A very considerable portion of the session of 1886 was therefore taken up with the new Civil Justice legis- lation. Practically the "High Court of Justice" never was more than a name. Bibliography follows:



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THE STORY
OF
SASKATCHEWAN
AND ITS PEOPLE



By JOHN HAWKES
Legislative Librarian



Volume II
Illustrated



CHICAGO - REGINA
THE S.J. CLARKE PUBLISHING COMPANY
1924




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