C-25 - Code of Civil Procedure

Section 44 Disposition versions

1994-01-01

44. The assistant clerk may exercise the powers conferred on the clerk concurrently with the judge, if he has been chosen for that purpose by the clerk with the consent of the Minister of Justice or of a person designated by him.

The assistant clerk who is a special clerk may exercise such powers ex officio.

For carrying out his duties at the trial, taking down the depositions of witnesses, issuing copies of documents in his custody, and generally for all acts which do not require the exercise of judicial or discretionary power, the clerk may be replaced by such members of his staff as he designates.

1965 (1st sess.), c. 80, a. 44; 1977, c. 73, s. 3; 1992, c. 57, s. 420.

1977-12-31

44. The deputy prothonotary may exercise the powers conferred on the prothonotary concurrently with the judge, if he has been chosen for that purpose by the prothonotary with the consent of the Minister of Justice or of a person designated by him.

The deputy prothonotary who is a special prothonotary may exercise such powers exofficio.

For carrying out his duties at the trial, taking down the depositions of witnesses, issuing copies of documents in his custody, and generally for all acts which do not require the exercise of judicial or discretionary power, the prothonotary may be replaced by such members of his staff as he designates.

1965 (1st sess.), c. 80, a. 44; 1977, c. 73, s. 3.