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Halifax Tha imagaa appaaring hara ara tha baat quality poMibIa conaidaring tha condition and lagibility of tha original copy and in kaaping with tha lUuiinq contract apaeificationa. Original copiaa in printad papar eovara ara fllmad t jinning with tfia front covar and anding on tha laat paga wlJi a printad or illuatratad impraa- aion, or tha back covar whan appropriata. All othar original copias ara filmad beginning on tha first paga with a printad or illuatratad Impraa- aion. and anding on tha last paga with a printad or illuatratad imprassion. Tha laat racordad Utnf on aach microficha shali contain tha symbol -^> (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar appliaa. Mapa. piatas. chains, ate. may ba filmad at diffarant raductior: ratios. Thosa too larga to ba antiraly includad in ona axposura ara filmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas as raquirad. Tha following diagrama illustrata tha mathod: 1 2 3 L'axamplaira filmA fut raproduit grica A la g«n4rosit4 da: Lan School, Oalhousle University, Halifax Las imagas suivantas ont «t* rapioduitaot avac la plus grand soin, compta tanu da la condition at do la nanat« da l'axamplaira film*, at an conformity avac laa conditions du contrat da filmaga. Laa axamplairos originaux dont la couvsrtura an papiar ast imprimia sont film«s en commancant par la pramiar plat at tn tarminant soit par la darnlAra pag« qui comporta una amprainta d'imprassion ou d'lMustration. soit par ia sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmAo an eommancant par la pfmk^f papa qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la datnlAra paga qui comporta una talia amprainta. Un daa symbolaa suivants spparaitra sur la darniira imaga da chaqua microficha. salon la cas: la symbols «4»> signifia "A SUIVRE ". la symbols ▼ signifia "FIN". Las cartas, planchas. tableaux, ate. pauvant atra filmAs A daa taux da reduction diff*rant«. Lorsqua la documant ast trop grand pour itra raproduit an un saul clich*. il ast filmS S partir da I'angia supariaur gaucha. da gaucha a droita at da haut an bas. mn pranan^ la nombra d'imagas nicassaira Las diagrammas suivants illustrant la m«thoda. 32 X 1 2 3 4 5 6 GENERAL RULES Ol' THE SUPRHMH COURT itl THI'. PKOVIXCH or XHW BKINSWTCK I'KOM KASTKU I Kk.M. .-^ (iE()K(;i-. III. (ifs;^). To HIl.AKY TKUM, 43 VICTOKIA, (i«So) AND OF THE ELECTION COURT INPEK IHIi IXXMINION C()NTI<()Vi:i KI.KCTIONS ACT Ol- 1S74. IDI.I.Kl ii;|) AM) Al.l'MAliJiTK Al.I.V AKKANC.KIl Willi IMIKX OT inNlHNIS. JAMES (IKAY STEVENS, y C, jHdn, of Comity Courts „/ the Counties 0/ Cliarli.tt,. CarUtoii. Vutoria and Madtiu'uskit. CAU SWELL (\; CO.. Ti,K(]\ll) OntaIvK). AM) El I.VlilHr.H. ScOTI.ANli. I 8 S c) . DALHOUSIF LAW SCHOOt imm. J ? > rKIMKI. ,.-,,K IHK I-IIII.I.^HEKS •iV MOUKK ., ,„, ,c,K. M.m 4 >:,U.H0HNK STS., TdKONIi). f I CONTENTS. f Abatement -Time, f I'lt-.ulin,,' , Affidavits-. Illitc'iate, HTscms-wlier.. more than one ile|.(.nent-l';,pt.,s annexed -Service of Wiits-Ser- vice in Hqiiitv Suits '-i 1-7 AKents-Service <.f Notices upon' .. ,, (■ lerk of ('(inrt not to act as StiKleiits einpluved as s Appeal I'aper — Keiiulalions 'rclspecV- ing— l-ntry of Causes- HeariiiK of Appeals-Causes in Kquitv ....,, ,, ApiH^arance-Services of Declaniti. n i . Assessment of DaniaKes . . , , , " Attachment-Order of Judge wh,-, necessary Attorneys-Admissii.n' of-lKxamiiia- '^ tlon If T7 Awanis and UaVVanVsoV.Vtioniev .;.S.f,' Kail— see Special J Sail.. . j^jj .\ Bill of l'aiticulars-l.m„j,,vi;h"AV„- ^^ frills Kecord Hill of Costs-— Ta;;;i;;;ii:Fin-- ^' Afhdavits of Witnesses' nam,- etc ,, r Hills for Foreclosure'. ". "'^ .^2 Blank Writs-See Kecords,etcVo5-;,;,i|7 Calculation of Interest ^- Clerk of I'leas-I, Declarations -Several cl .'un't's— 's'er- vice Default-Non I'ros'-j'udgm'e'nt'. .'.'.r^!?! ehvervof I'elas. See I'leas . . . . .^. ,.1^ Demand of Fleas. See Flnas .. ,0. Demurrer an.l Special Cases '.' 4".. .,-. Demurrer Hooks TL'^" [divorce and .Matiimoni"iirCauses'.,' il'to Kjectnient '' -i' -2 Flection Court Rules ."."." ^ ,'^^ Fntry ,,f Ca„se in Clerk \ ( )ffic'e' 9' u, 44, Fmrv for Hearing at Sittings 'ln ^"^ luitiy for Argume'n't'."'see".\ppeaf'^' I i aper ' I Kntry See Motio'n' i '"aper. '.'.'.' " ' ?q sI : hntrv at A"/./ Priiis. See trial's' 'at ' I ^ISI Pans 14^ 1. 1 , J:''tr.v-Inferest-Judgment Roil'.... „ I Fquity Appeal Faper ,, ,; Fquity— Proceedings in '." " i -r, Kciuity— Service on Non-Resideilt's' ^ bee Practice in F<|uitv , , ,,5 Fxamining witnesses upon Inte.n,- I gatories .... K.xceptions in Kquitv ..." , ?r I-ees and I'orms . . .' ^ ' Filing Papers ^-^ Foreign Judgments-Holding'tolj'a'l upon ^ I'oreclosure- Bill' f,,',-' '.'. , 'i Graduates' Certificate. See".\t't"r,'r- nevs, etc if, -•- r Hearing Causes— 'En'trv." 'Jee 1 i7i'c-'^ tice in Eijuity '. Infants— Proceedings again'.st V. - Interest— Calculati.'.n of ,1 Interest on Damage.^— ]u'd'g'n';e:'i't rorm of Interrogatories— Exa'mi'n'at'ion'o'f" \V,'t'- ^^ UcaSes ^ Interlocutory Judgment '^.'/.'.'.0.'.c- ' ,« Issues in Law and in Fact T. . . 144 CONTENTS. Jiiclkjiiunt IIS in case (if N'oiisui: . .(A>-(,f< '" "t f^j 1" I )tfaiilt-N.)ii-l'rr)s 42.^,137 Holl Oder to siifl.r Jii.Ik- ineiit l)v (lefniili 71 --2 i?? JtilK'inent Iniir.'st on DaniriL-es.' ^7 JudK'es Orders, tic ' ' jiiilnes SuniiiK/iis *_ •liirv retiriiiK. to consider veri'lici' Kiitry uf TiiiU', etc Jury ietirin« -Coiistal.les' onth Mesne Process Names Moiijys paiil into Court Statement of— Deposit place isa-|ii? Motion Day . ^t'^l m*:' 7.j-,Si Notice I jr. H2-H7 •75 73 7-» 75 76 I' In Kipiitv New Trials ', \isi Prills Keconl ^'•""h's «s.S.. • ■■ Orders -^ Nonl'ros-Jn.l-nunt ,i'. Nolle, of Countermand g„.g, ■' (ironnds of Def-nce q. NumliennKdrounds of Defence ... ,.i Noticv of ),M<)unds fur New Trial, etc ' See New Ti ial s --S? Notice of Trial and l-:n(piiiv. ... " \j. Notice of J udKment as in case of Non- suit See Jiid-ment as in case of Noii-suit g,,.^,,.. Oath of Const, ihle on Jurv retirini'. . o^ Orders, etc. Judges See Ju.l^es Orlers '. Papers anne.sipjj to affid;*i\ its--\larkinL' ' " of '^ I'apers taken oft Files Of (-.'.iirt"." " Parchment- --Patent-— use of I'n. nibited Persons other than .\ttornevs conduct ing Suits— lees on tiling Papers . . J ayment of Monev into Court Plea .\bateinent .' ' Delivery of Demanil of ' " ' Several Practice in Kro)f of— Hearing Cause joj. •34 gC, ')7 9« 'J') I 100 loi «57 157 Prisimers ProceediuKs .iKainst .... 103 KecoKni/ance Koll ,„. Kecords- Writs -Dotkels-Jud,'mer)i , 'V "'5-'" <*i'i''^"' ii2-m Keplevin llonds n^ Keturn of Writ. Si-e Si.le Mar Kiile 127 XuhMConsent) ii5-ii(, Kules to Plead ,,7 Kniesof 1:1 17 h't turn Court ijH Siitr Fiiiim See Writ of 152-151 Security for Costs j,y. Service of Notices llIj-120 '"r'l^fss I2I-I2J ( )n Non-Kesidents 102, 123 Sheritt s I'ees . . 124-126 ,141 Side Par Kules— Return of Writ.. 127 ^P«'^i--'l "••"' i,iS-iJ3 Sjifcial Cases See Demurrer an 116 '^•'" '.M'35 s Sff Attiir- ....... i(.-27, 136 jf-Hy Whoinijf) • • • '37 iitiiin of |)(.'Lil.i3« '3'J-I4<> '41 See |{ill of .'.3-J4. >5f' 82-87 M-i'43 '45-147 14S Sec Awards ^«-3' 1' ti> confess 3' ti upon Iiiter- 5« 105-111 '4 e Kuleis ) ..iSo 151 '5-'-«53 G K N E U A L RULES OK THE SUPREME COURT, OK THK PROVINCE or NMW HKUNSWICK. FK(JM 1-ASTKK THKM 25 (il.o HI. ,7,^5. TO HILARY TKRM 43 VICTORIA. 1S80. ".'I.T.AIEh AM) Al I lUllKTHAM.V AKKAN(itl). .\I5AT1:MKNT (I'LKAS IN.) Miclmt'lmns Term, 7 Victoria, 1H48. 1-Ur.l,n,l. That i,„ ,,Lm in al)ateniLnt shall be tiled after the cvpiratioi. ol the rule to plead. AFFIDAVITS. Hilary Term, 11 Victoria, JH4H. 2— 1st. Illiterate Persons. Jt is unhriil. That from and after the first day of Easter Term next where any affidavit is taken by any Commissioner of this Court, mavle by any person unable to write or appearinx to be illiterate the Commissior.er taking such alliclavit shall himself read over and if necessary, explain the affidavit to the party making the same ; and shall.certify or state in the jurat, that the affidavit uas read by him to the deponent, who seemed perfectly to understand the same, and also that the .said deponent wrote his or her signature, or made his or her mark, in the presence of the Commissioner taking the said affidavit. 2nd. Where more than one deponent. It is further ordered. That after the time aforesaid, where there are two or more n his office in the professional business of .^ch 2nd. The Judges will in future e.xpect. tha» in the assessment of damiees -n vac, ,3 well as in other matters brought before them out of Co rt where the parties do not appear in person, they be attended bv a Barnster or Attornev of thpPnnrt „• i .^.■ ■'"enciea Dy a be done thM Z ?^ . ' ' '"""^ 'his cannot conveniently Stol; t f " ''""'"' ''"'^'°>"' *" '-^"^"-^ °" behalf of any Attorney, be of competent experience, skill and knowledge of the bus. ness entrusted to him. ^ "^'" APPEAL PAPER. 9 Hilary Term, , Victoria, 1869. It is ordered that hereafter there shall be but one appeal oaner nn I that the Clerk of the Pleas shall enter causes thereo.rheX.:;' ist. Appeals from the decision of a Judge in Equity 2nd. Appeals from the Court of Divorce and matrimonial causes 3rd. Appeals from Court of Probate 4th. Appeals under the Act 27 Vic, c. 44, for winding-up the affairs of incorporated companies. ^ " "' 5th. Appeals from the County Courts-and, in case of any other anneals not hereinafter provided for, they shall be entered af^er th Coun tv Court Appeals in the order of time in which they may be allowed by "aw thr^:?ciurr^^^^ "' '^^'^ -'-■ -' ^' ^'^ ^*- p--be?; COUNTY COURT APPEALS. Michaelmas Term, 40 Victoria, 1876. ^°~ro!,nf' r """'''r';. '^''' '^"^ •^'^^^^"^"' ^^^"' ^ J^'^-io" oi a Judge of a County Court shall enter the cause on the Appeal Paper, of the term .mmediately succeeding the receipt by the cierk of Se Pleas of th^ proceedings from the Judge; and when such proceedings are received during the term, the cause shall be entered on the Appea P per of The 2nd. Incase theappellant shall neglect toenter theappeal on the paper according to Rule i, or having entered it shall not proceed to argueTnd ZTerm :fT';^'T,"^r./"''"^'^°"-^ "p'" the paTe^u; ' the term, if the appellant shall not proceed to support the apneil pursuant to any Order of the Court made in respect "ereo then and ■n either of such cases, the respondent mav, upon the n. t InTsub rprarb'eT"" T^^I '^' ^^^^^ ^"^ ^-•^ '^^->'' -« e hTs'ch appeal be dismissed with costs. 8 RILKS OF THK 8ri'nKMK COrRT 3rd. Causes shall be entered on the Appeal Paper as A. B. Appellant Trinity Term, 31 \'iotona, 1868 Act 17 VIC, c 18, s. 32, more than fourteen davs before the first of anv erm, a party .ntending to appeal therefrom shall enter the causl on the Lqu.ty Appeal Paper of the term next after the settling nfK nj.nutes, but may obtain the order of a Judge to post one LheaH^ of such appeal until the second term thereafter, Ihic'h order shTbe made unless «ood cause be shewn to the contrarv, and such order h.l d.rec t e t,me of serving the grounds of appealon the opposite pam 2nd, U here an appeal is intended to be made from anv order of \ Judge ,n Equ.ty .n a cause where no decree is made, and such on e' sha 1 have been made within fourteen days before the first d of n term, a hke order may be made as is provided for in the preceding rule 3rd. VVhenever an appeal is made from a decree or order of the Court or of a Judge n, Equity, or from the Court of Divorce and ^a^rLc^l P rT^f the T ^Z^^'^^^^^-"' ^'^ Court may order the whol :r ' part o the pleadings, evidence, judgment or other proceedings to be the use of the Appellate Court as may be deemed necessarv and mav make order for the payment of the expenses thereof in the cos" ofThe 4th. Hearing causes. All causes intended for hearing at the Sittings in Equity shall be set down wuh the Clerk .„ Equity six days before the first day of he si tin' of he Court, and shall be entered by him on a docket to be kep for that purpose and no cause, not so entered, shall be heard withou the onler of the Judge sitting in such Court. APPEAIUNCP]. Easter Term, 25 George III, 1785. 12~0n/.v-.« Clerk . for .ha, |,„r,,„„, „,„ ,^ " °J """"i I"!' I>'«> m a lioll ,0 be kep, Mm of study. """""" "'''""'"•"cemenl of such S.udenfs her^f Jt'.::crr";h:r;e „ta™'::: °^"' ^'■"' ^ '»™"»^ Hilary Tenii, 6 George IV, 1825 '^^S:alied':\L'Ta:rs'T7°'''''"^°°"'''»''^ by pe>i.io„,„,heCo;irrSdl*''LT'"°T '•■■"'•''''''■ »"'o^.ht'ru:,;^L^:srir"--^^^^^^^ .^e sa„e ,e™, „h™ ,he ^f ^^I'l^^LC-rj'Sl" Michaelmas Term, 6 William IV 1885 '^furerrsa'c^l^eclrSi:'"' ".''' ^^"« '"""-^ " .-».™..nofo„ey.:;:rL^S;---- Michaelmas Term, 1 Victoria, 1837 aniined as to his fitness Ldl,' ^"<^ admission, be ex- Ordered, That the luZs of th r ' *° "'=* '^ ^"^'^ ^^"^'•"-y : ^' « of "ot less than fiveyearl^^^^^^^ ^°"' ^--'ers by rule of Court in HHarv Te^^ ^' °'" ''''' P"^P°^^ ^PP^'^'ed whereof a Judge o be one Til be""' '""' " ^"^ '^^ °^ '''«'"■ 6 to De one, shall be competent to conduct the exami- OF TI!K PROVINCE OF NEW BRUNSWICK. H nation of any person who may have made application for admission as from rr ''".^°"'-''" 'he form hereafter ment.oned a"d "ha from and after the last day of next Hilary Term, subject to such apnea as hereafter mentioned, no person shall be admitted to be sworn L^ At orney of th.s Court without the production of a certiAcatlgned Z such exammer: est.fying his fitness and capacity to act as an Attorney- tim^"f ^H '\^'''^"'"'' '^^^' 'he said examination shall be held at such or anvThr ^'7^ ^'""^'^ '^■' ^"^ ""''^^ ^"'^^ -«"'-'-- - the Judges or any three of them, may from time to time appoint. 3rd. That in case any person shall be dissatisfied with the refusal of t» e exammers to grant such certificate, he shall be at liberty to anoK 4th. That every person who may desire to be admitted an Attornev shall, on or before the Thursday in the first week of the termTmmed ately preceding that at which he shall propose to be adm tTed mat to'^the ri°" J ''T '' ''^ '^°""' "' 'he form hereunto anne J or to the hke effect, which petition shall be accompanied by the'eauisi^ certificates of the age, moral character, and service of th applic n nd ltr:'r°''"°^^' character shal. be full, positive aXlt' St f K " ''""""'"'■ t^^'in^onialstothe sober and temperate habits of the applicant, and the Court, if satisfied with the cerXat -11, during such term, make order for the examination of such appHcam.' Jrt '^^t '^^ ^°''^^°'"^ ■■"'" '"""^hing examination, shall extend to reputation since his admission there. 6th. That no Attorney of this Court who shall hnv^ h»» . the space of five years together, shall hereafter be permitted to com ~orresumep.actice as an Attorney until he £ re.rit^dTd J^I'J^^' ''■''^' '^"°'""-^'' ^'ho may desire to be re-admitted sh-11 S h' "'""r '° ''' ''°"'''' ^*'^''"S 'herein the place or places In which he may have resided, and the business, profession or employmen" n which he may have been engaged or concerned since his Z admi" sion which petition shall be verified by the affidavit of the p iHo^ ' and shal be presented to the Court on or before the Thursdav n h^ 12 Rl-LES OF THE SUPREAIE COl'RT wiving for a «,« .,dL' ."„ ° ,™„ , T" '" ^ """ """""•' " '' one o, ,H. ..„„„e,, o,",t Co ^'' L ^'h^r. 5 "b'-"™ "'"■ resident and pracfisine in thn rv ■ , ' Barrister, and such Sttident for one vear !h -^^^^^^^^^^ ^l^^" have continued as registered with the CerkTs'i the" ' 1 T' ^"'^^ ''"''^"' '° >- tificate of such > J s.ud • Lm th" H ^''^ "'"'^"'^ ^ ^"^ ^ -- may have been performed h,n ^"7"''' ''"'' ^^"''°'" '^'^ '^^^ the admission ors;^; "^pltm "'" "' "^ *'^-^''"°"''^'^ "«— >" ^- Fonn of Petition for Admission as an Attorney "' tfi^s^: T^'-'- r r T °^ '^^ ^"'-'"^ --' ^ was born in '„„ ^""^^'^ '^'^^^^^'h, That your petitioner as by the accompanying certificate (or affitTtMriiraX' ^L^ ''"'^^ ' he entered as a Student in the office of C r,T °" of this Court, at ,„ ,u „ ' ^- ^-^quire, a Barrister from that time hitherto ; during whlShtimrhir" '" 'T'""^' ^^ ^"'^'^ without the permission of the 3d CD nor, ' "°' '''^'"''^'^ '"'"^^'^ fession, business or employment " '"^'''^'' '" ^"^ ""'^•- P^°- BaVrister' oX'n absenrvvftho 'f P'""" °' ^''^ »""« -'th any other profession, buSsfor em^ ovme„f ™^,^'°"' ""^ ^"^^^^^ '" -"' othe must state full> the reasrm^Vhi^ r ' i "^^ commencing his studies he such other stidy or Absence o/-"' *^^ P^-"* <="'ar time and length of with such other partSfars as h.lT?v"u'"i•*^"^P"^«"its, together his conduct. If the aDnlTcant h. v ^' *'?'"'' j^^J^'i^able, explanatory of must state the parricu!ar^crounH« 1 T ul^'^"^ '" '^is Province.^he the place or pla^sn which he r^avhn"'' ^-^ ^fP''^^ ^°' admission h.s admission by any other CourTandTf I^T^^^ ^"""^ P'"^'^*''^^^ since other profession, business or emnlAvml;,,^ ^"^''^ '^^" ^"^aged in any of the same, wi'th an^ Xr mrtter^exnl.n T'' '^V'V^-*''^ P^"'^"'^^^ pursuits as he may de'em n'eSy or ad^sab,^^^^ °^ "^ '°'"'^'' ^"^ That your petitioner is at present resident at nn i ■ ^ • "f being admitted an Attorney of this Honor.hll r . u " ''^"'°"'* .o ,o», Ho..„„ ™ay ,e.„ ^eel/'olS",:: ^ '""l;':,"'"""'' t^ " ~"t,i,i!'iari'S..'™j »'■>"*, I... .o, l!H^IS#riaSr^Si£SJ^S deSh' ?;^J'lL!i!"?.°f application, OK JHK i'KOVINTK OK NKW MUINSWK K. MicliiK'lmas 'IVnn, 4 Victoriii, 1K4(». 13 21— 1st. It is Ordtr, il. That any Attorney wh< . ii!;i> l)t,fi>r.- hisa.lniission havi- been an Attorney of some other part of Her Majesty's 1 )oniinions, ami who shall have been a Student in this Province for one year pursuant to the ninth Kule of Michaelmas Tenr. ist Victoria, may be called t<. the Har after the expiration of ,mc year from th.- time of'his admission as an Attorney of this Court. 2nd. ItisOnl.r.d. That the admissl.m and enrollment of .\tt.)rneys may take place on the Thurs.iay in the first week of the Term if there is no sufficient obj. tion to the apjilicant. Trinity IVini, ') Victoria, 1S42. 22—// is Or.hn.l. That Students, appl>in« f Victoria, 184H. 23— ist. Whcnas it is expedient that there should be an examination of persons who may hereafter desire to enter upon the study of the I.aw. in order to their admission as Attorneys of this Court ; // is Oni.n,!. That such and so many barristers as mav for that purpose from time to time lje appointe.l by rule of Court, or any two of them shall be com- patent to conduct the examination of any person who mav have made application to be admitted a Student ; and in onler t.i such examina- tion, applicati.jn shall be made by petition to this Court bv such per- son, stating his age, place of birth, and present resilience:' the name and place of residence of his father or guardian, ,ind the several branches of o.lucation in which he may have been instructed and that proper certificates as to character and habits shall accompany everv such petition; and this Court will thereupon make such order for the examination or otherwise, as may ajipcar necessarv and proper. 2nd. That no entry .shall l)e made in the Clerk's Ixwk of anv Stu.Ient, nor .shall he be deemed to have commenced his.studv of theLaw ,vith any Barrister, until he pr. Ailiuixximi tij Attiinirifs. 25 —Whenever any Attorney intemlint,' toapply fi>r rulinissidn as a liarrister or any Stiulent intending to .ipjily for admission as an Attorney, shall have been recommemled for ailniission by the liarrister's Societv. pursuant to the Rules of Court of Michaelmas Term 1S47 ; such recom- mendation, tofiether. with the necessary Certificates of moral character and term of study, shaM l)e delivered to the Court on the day preceeding that on which it is intended to move for their admission ; and if the (Certificates, etc., are satisfactory, the applicants may be admitted at the opening of the Court on the following day. (See No. 136.) Piaster Term, 1{> Victoria, 185(». 26—/' is Onitnd. That any Itarrister of the Supreme or Superior Court or Courtsofanyof Her MajestysColonies or Possessions in North. \merica. Bermuda, or the West Indies, and entitled to practice as such in all the Supreme Courts of that Colony or I'ossession in which he mav have been originally admitted a Barrister, may, upon the recommendation of the Barristers' Society, be called, sworn, and enrolled a Barrister of this Court, and entitled to the rights and [)rivileges as such .so long as he shall be a number of the said Barristers' Society ; provided always that no such Barrister of any other British Colony or Possession shall" be entitled to be admitted a Barrister of this Court, unless it be proved to the satisfaction of this Court, that a Barrister of this Court would be entitled to like rights and privileges in all the Superior Courts of that Colony or Possession in which the applicant may have Ivvn originally admitted a Barrister. Hilary Term, 21 Victoria, 1858. 27— It is Ordered. That the privilege granted by the Rule of Court to Students applying for admission as Attorneys, and to Attorneys applying for admission as Barristers, when such Students and .Attorneys are (iraduates of some College or I'niversity, be confined to (Jraduates of some University situate within the British Dominions; but that such order shall not apply to any Student already entered. E.xamination. See No. 136. jce Acts of Assembly 2f- Vic. (ih06), cap. 23, limiting term of study. AWARDS AND WAIUUNTS OF ATTORNEY. Michaelmas Term, William IV, 1835. 28—/' is Ordend. That when a rule to shew cause is obtained to set aside an award or Warrant of Attorney, or a judgment entered upon an Award or Warrant of Attorney, the several objections, intended tf) 1 e insisted upon at the time of making such rule absolute, shall be stated in the rule to shew cause. ^^ lULKS OF THK 81'WHKMK COl'UT HUfiry Tenu, 7 William IV, 1837. H-ist. // i, Onhnd. That no j)u judgment by color of any Warrant given by any Defendant being under arrest, otherwise than is aforesaid. Enstev Term, 11 Victoria, 1848. 30-No Judgment to be signed on a Warrant of Attorney after one year from Its date without the order of the Court, or of a Judge. Trinity Term, 20 Victoria, 1857. 31-ist^ // is Ordered, That in no case where the Warrant of Attorney to confess judgment appears to have been e.xecuted, not personally but by an .Attoniey or Agent in the name of the principal, shall any con- fession be signe eN-x.te the Warrant, bear date of the day upon which the un-, . ,e .v;pectively ev,cuted; and if it should happen that such •Vc ).-,-- o. Attorney, ,?t,,i, or other power, is to be given by two rr more p^^rsons who cannot conveniently execute the same on the same ( OF THK I'UdVrSCK OF NKU URI'NSWICK. 19 ( day. then the warrant, ilue I, or pcutT, shall Ltar datf of the day on which it shall l)f first executed ; and the day on which any sulr^-'.iuent execution shall take place shall be spu ified in the attestation of the subscribing witness or witnesses to such execution 4th. It is further Onhnd. That every Attorney sinning a 'cnfession of judgment upon a Warrant of Attorney, do annex to his signature the date of signing, and do mark with his i.ame, or initial letters of his name, the said Warrant of Attorney, and also any deed or power under which the Warrant is executed, where the execution is not personal. Barristers. See Attorneys, etc. Bail. See Special Bail. BILL OF PAKTICT'LARS. Hilary Term, 6 William IV, 1836. 32—// M Ordered. That a copy of the Bill of Barticul.irs of the Plaintif. 's demand, and also of the Defendant's set-off (if any) shall be filed by the Plaintiff s Attorney, with every record of Nisi Priiis. at the time of entering the same. BILL AND TAXATION OF COSTS. Michaelmns Term, 40 George III, 1800. 33— Ordered, That every Attorney of this Court deliver a regular bill of costs to his Client, or to the Client of the adverse Attorney, as the case may be, before he demands the expenses of the suit ; and all receipts by Attorneys from their Clients, without this previous step, will be con- sidered as a breach of this Rule. Easter Term, 12 Victoria, 1849. 34 -// is Ordered, That the following Regulations be observed in the Office of the Clerk of the Pleas : ist. Every affidavit used before the Clerk, on the taxation of costs. to be retained and filed on a file to be kept for this purpose. 2nd. The names of witnesses, the days attendance and mileage of each witness, to be specified in every Bill of Costs, brought for taxation. BLANK WRITS. See Records, etc. CALCULATING INTEREST. Hilary Term, 2 George IV, 1821. 35— Interest upon Bonds. Debts, and other Securities for money, payable with interest, should be ascertained by adding the Interest to the prin- cipal at the time of each pa\inent, and deducting the payment, which ^> , ^^^ ni-LKS OK THK SITHKMK COl'IlT is the same thing as first cleducting the Interest from the payment and then giving credit for the balance on account of principal ; and not by charging Interest upon the whole hand to the time of the last payment and Interest for the Debtor on the several payments from their respec- tive dates, thereby inverting the principle of compound Interest, and charging Interest on his own .lebts, when a payment is made of less than the Interest roMt. 68-/^ is Ordered. That in future the affidavit o„ wh.ch motion is ,„a,Ie or Judgment as in case of a n.-n-suit for not proceedin,- to trial accord- mg to the practice of the Court, (where notice of trial has not heen «.venO do state the particular Term in or before which issue hns been joined^ or do state some particular day in vacation .,„ or before which issue has been joined. JUDGMENT T IN DEBT. Trinity Term, 1 Victoria, 18H8. bit. r r ! "T""' '" '' '■''="^"^"'' '•■' -'-■«-•■•♦-"-' and assessed be „ th?f"n' '"'V ■■''' °' •'"^'"'">-' 7 ^^'-^ 'V. c ,4. s f., shall be m the followmg form, or of the l.ke tenor and eftect. viz •• And the said .-V. H. (the Phintiff) prays that the amount to h, n- covered m this action, may be ascertained and assessed by the Cunt here accordmg to the form of the Act of Assembly, in such case made and provided ; and thereupon >t is suggested and proved, and manifestly appears to the Court here, that the said A. B. ought to recover fbi his Le said A VrT'"' "'" "' ^ ■ ''"^'"" '• — i^-ed that um o / ''"'■^'^-■•^'•^gamst thesaidC. 1). (the DefauUnt) the said sum o» £- , for his debt, .so ascertained and assessed by the Court here and also, etc.. (proceed with the entry in regard to costs in the usual form,) and the said C. D in mercv. etc. JUDGMENT-DEEAULT-XON PKQS. See Nos 42, 43. JUDGMENT KOLLS. See Records. Writs, etc. Easter Term, 11 Victoria, 1848. 71- All Judgment Rolls to be endorsed with the title of the Term wherein hnal judgment is awarded ; and when judgment is entered in vacation then to be endorsed of the Term next preceding, and the Rolls are to be numbered consecutively as they are brought in and filed of such Term, and to be referred to in pleading as the Rolls of such Term. JUDGMENT ROLL ON OFFER TO SUFFER JUDGMENT RY DEFAULT. Trinity Term, 22 Victoria, 1859. 72-7/ uOKrf...,/, That in any case (not summary) where, under f.e piovisions of the Act of Assembly, i8th Victoria, cap. 9, an offer and consent .n writing has been filed by the defendant, to suffer judgment 80 Rl'LKS OF THE SUPRKME COURT by default, for a certain specified sum as debt or damages, (as the case ■nay be) and the plaintift has not, after due notice there f, fil«,h acceptance of such offer, but has taken the case down to trial, and ha ecovered a verd.ct, but not for a greater sum than the sum ^o offered the ent y or suggestion on the Judgment Roll shall be as follows - ■ And now pursuant to the Act of Assembly passed in the eighteenth year of the Re.gn of Queen Victoria, entitled, 'An Act co'ncrn^g render .„ Acfons at Law and Suits in Equity,' on the— ciajof 7^ I J^^' °"'' ^"'■'^ '^« ^^'«* defendant C. D files in the Ofhce of the Clerk of the Pleas of this Court, an ofter o cons nt in wntmg .n the words following:- [,•„...,„,, „^,,j_,,hich olrLd consent the sa.d plaintiff A. B,. has not accepted ; therefore theissue pmed between the parties remains to be tried: Therefore let a ury hereupon come, etc.' [.. .„ ordinary cas.s. to tke concJol o ke poslea.] and then proceed as follows :- rf.2"^'"'"""''' "' '' 'P^'"" ^^' *^" ^^''' •■''^'•■"' «hat the debt f.r da,nages^ was not greater in amount than the sum for which theUid said A ir? '"^ ^"'^^^ J"^«--^' ^>- "«f-". it is considered that'th" urn ot to'^H"" I :"' '''* ^"^ '"'""'"^ ^« — «• -^ the inThis bZl'f ' h' J '" '"'"' ""' '^'^■'^'■^^^ "^y »'''" -bout his suit in this behalf expended, up to the said day of and for f h.l costs and charges to — . which said debt. [L c/.,„„,," et, and charges m the whole amount to — . and that the sa 1 A B have execution thereof. And it is further considered that the aid CD do recover against the said A. B. — for his costs .nd chles ^v' him incu-red after the said Jay of and th.t » . ^ ' thereof." ' ^* ^'" '^^^^ execution (On interest on Damages. See 57.) JUDGES' ORDERS. Michaelmas Term, 42 Victoria, 1879. 73-Judge's Orders, and Orders of Nisi Prius, may be made Rules of rorthatrri:r "^'"" " ^^"-^"^ -'--'-'■ -'^°- -'-'- JUDGES' SUMMONS. Hilary Term, G William IV, 1836. 74-// is Ordered. That it shall not be necessary to issue more than one summons for attendance before a Judge upon the same matter and the party taking out such summons, shall, if the Judge see fit ^ entitled to an order on the return of the summons, unless caused shewn to the contrary. JURY RETIRING TO CONSIDER VERDICT- ENTERING TIME. Easter Term, 18 Victoria, 1855. 75-ist. The Clerk at any Circuit Court or Sittings, shall enter on the Minutes the time when the Jury retire to consider of their verdLt. ., OF THK PROVINCE OF NEW BRUNSWICK. 81 and^also the time when the Jury return into Cur, ,o .IHiver .h.ir and If they return within two hours, the venlict shall be taken in.I entered m manner heretofore accustomed. over^'by the,?';!"" "'T ''' "'^" "' ''"'' '''^'''' ^'^'^^ ">'^>- -^ -"'-' Gentlemen <^f TT """"■■ *''^'^'°' '^^>- ^^^.H be asked ,hus_ oentlemen of the Jury, are you all agreed on vour verdict or how many and which of you are agreed thereupon :' ' If they sh-,11 answer that they are ail agreed, the verdict shall be , ,ken and entered ,n the usual manner. ,f „,,,, shall answer th the r not all agreed, but that five (or six) are agreed, .he n.mes of the J , r! by whom the verdict is so returned shall he taken and , ntered h" Mmutes, and the verdict shall be recorded as follows :- The Jury having considered of their verdict, and nM being able -,11 o agree w.th.n two hours, five (.. s,x, of their number, namefv H i;i;:r.;:.r '''"''"' "- '-' ''-' '^- ^'° ^-' ^'"^ ^-"'-- POSTEA. [Commencing in the ordinary form J sp;l"k't.!el!r7 °J '''' ^"'■■' '""« """°^°"-^ «'- -'ne, who to swor K ' '"'""'■' "'•'^'" ^^"'ained, are chosen, tried and sworn^and havmg retired to consider of their verdict, and not hmg here sH forth the names., pursuant to the Act of Assemblv relating to Jurors, say upon their oath, [here state the verdict] Constables Oath. See No. 95. MESNE PliOCESS. Michaelmas Term, 6 William IV, 1835 76-// /. Ordered. That every mesne process, in any action, shall contain the names of all the Defendants, if more than one, in the action. MONEYS PAID INTO COUBT. Statement of-Rules respecting. See Rules Nos. 154, 155. MOTION DAY. Michaelmas Term, 29 Victoria, 1866. 77-It is Ordered. That Tuesday in the second week of each Term shall be the regular day for motions, mstead of Saturday of that we^k o" Tesfwhtir'""^ V\ '^^-^ ''' P-cedenceof'the ordinar bu ^'^ ni-LKH OF TflK HIIKKMK COinT I'rovi,l...l, h.nvcver that one or more of the Judges w,l| .s>t ,„ Court <»r. the set„ii,l Satunlay, whenever occasion may require. Hiliuy Term, 10 \'ictori»i, 1877. 78 -II <.Oni,rc.l. That the Kule of Michaelmas Term, ..,th Victoria, which pn.vules that • Tuesday iu the second week in each Term shall be the reKular .lay for moti.ms, instead of Satunlay of that week," is he.ebv resc.ndc.d, and that the second Saturday in each Term ,hall be a day tor siuli motions ' MOTION PAPEI{. Hihin Tfim, «» William IV, 18y«i. 79 -isl in, Onlrr..!. That in future the Clerk ,.f tiie Pleas do keen a paper, to be calle.l the Motion Paper, in which shall be entered all motions o. which notice may have been Kiyci M.ch entries to be made on or before the first day of each Term, an.l „, stand in the said paper ... .he onler ,„ which they may be made, and the matters contained in such Motion I'aper shall come on to be neard on the second day of the I erin, before the Special Paper is ^onu into. i.ul, // ,,, Unhn,r That if notice of any motion, and a cony of the ahidayii „r allidayits. on which it is inte.uled to be grounded, shall be served on the opposite party, his Attorney or AKent, as the case may be, fourteen days before the Term at which the motion is intended to be made, a rule absolute may be made in the first instance, if the Court shall sec ht, an 1 ,n all such cases the cause shall be entered on the Motion I'aper 80 ■I ll ^^icllat■lmus Term, 80 Victoiia, 1866. -// /. Onhral. That hereafter causes for argument may be entered on the respective papers on the Mcmday preceding each Term and shall not be entered after t. j opening of the Court, without leave given therefi r. The causes .;ntercd on the Motion Paper, shall come on to be heard .mmediately after the conclusion of the Common Motions at the be- ginning of each Term, and the causes upon the other papers respec t.vely shal be taken up in their order, as now provided, immediately after the Motion Paper is concluded. Hiliiry T.irm. 3!) Victoria, 1876. 81--// /. 0,-,/,./v,/. That so much <>( the Rule of Michaelmas Term 3oth \ ictoria, ,is provides that causes entered on the Motion Paper shall come on to be heard immediately after the conclusion of the Common Motions at the beginning of each Term, is hereby rescinded and that hereafter causes an ) matters on the Motion Paper shall come on to be heard on the .secoal day of each Term, as provided by the Rule of Hillary T,.rm, \Vm IV. N"t:ces of motion in EquUy. See No. 156. I OK THIO I'noVINt'K OF NKW IIIUNSWICK. 88 NEW TIUALS. Miclia.lmuH Tfiin, f, William l\, 18«4. 82-// is Or.hn,l. That in future, the Attorney for the party .metul,„« to move for a new trial, or for setting aside a ver.hct. shall catise to be clol.vere.1 to the Ju.lge l.efore whom the cause was tned, a note in wr.t.nK specifying the name of the cause, the time and place of the trial, and the general Rnuinds of the mtende i motion, such not.. ,„ wrmng to be delivered to the Judge ,n causes tned m vacation, on .,r before the first day William IV, 1836. 83-// hOrd,r,J. That no n.otion f..r a neu trial shall be made after the nrst Saturday in any Term. Michaelmas Term, 1 Victoria, 1837. 8^in,rens it is desirable, that arguments on rules for new .rials or the like made in causes tried at the Sittings for the Countv of York, should' be heard and disposed of more speedily than can be'done under the present practice of the Court // is Onhnd. That ,n future anv partv intending, after trial had at the said Sittings, to move the Coun for a ru e to shew cause why a new trial should not be grante.i, or for anv rule of a hke .lescription, do give notice to the opposite partv of such his intention, together with a note in writing, specfving the general grounds of the intended motion, thirty days before the ensuing tern, and that rules msi granted on such motions be made returnable in the sanie term, unless the Court should see Ht, with the consent of parties or for other good reason, tr. extend the time for shewing causfe to the ensumg term. I I Hilary Term 30 Victoria, 18()7. S5~0rdercd. That in future the notices of motions for new trials or to set aside verdicts, required to be given by the Rules of Michaelmas Term, 5 Wm, IV, and Michaelmas Term, i Victoria, shall state n,- r- ticularly the grounds of the intended motion. For e.xample : If the motion is to be made on the grounds of mis- direction, or the improper admission or rejection of evidence the notice shall set forth the particular part or parts of the Judges direc tion objected to, and the particular portion or portions of evidencv alleged to have been improperly admitted or rejected : and in like man- ner on all other grounds, specifying the same.separately and distincth and as particularly as the circumstances of the case will admit of, and the party shall on the motion be confined to the grounds so specified. ae ®^ RULES OF THR SrPREME COURT NEW TRIAL FOR YORK SITTINGS. Easter Term, 18 Victoria, 1855. "kiln' VZ''' ''''• "'''" ' ^"'^ '"■^' ^°^ ^ "-^' "ial-or of .he like o YoTk ^LT" 'T!?l'" ^ '^^"^^ *"^^ - '^« Sittings for the C^u y of-ioik, the case shall be entered by the Clerk on the special paper for the Term at wh.ch the Rule is granted, without its bei,,g necessary to serve the Rule nisi as in other cases, unless the Court shaH order the :x-^ST^-;;i;--"--'-----argu„^:^-;:: Hilary Term, 28 Victoria, 1860. toria No. lo, relating to motions for new trials in causes tripH ., .L Sittings for the Countv of York shall not annlV t c;Mi„„„ k 1 1 , ' ' ^f P'> '° causes tried at the Sittings holden in January in each year, but that motions for new trial! ■n causes tried at the said last mentioned Sittings, shall be lade Is in causes tried at any of the Circuit Courts. NISI PRIU8 RECOIU). See Trials at Nisi Prius. NISI PRIUS SITTINGS. Michaelmas Term, William IV, 1835. «8-ist. It, s Ordered. That there shall be Sittings of Nisi Prius for the County of York, after the respective terms of this Court, on thl fol o v 1 days in each and every year, that is to sav Siitines af er H^l.rv t on the .hird Tuesday in February ; Sittings J!:^^ ^^ J^^ ourth Tuesday in June; Sittings after Michaelmas Term on the ourth Tuesday in October. The said respective Sittings to continue for so long a time, as in the opinion of the Judge holding the same may be necessary for the dispatch of the business depending and"rtu™trlH''^' ''' ^o" ""' *'^ ^^°""'>- °^ ^^^^ ^^ ™on and return Grand Jurors and Petit Jurors, to attend at the several Sit tings in that County, now appointed or hereafter to be appoi.iel 1 like manner as has been heretofore accustomed with regard to the 13: th^Ter' ^"h '"'' ''''''-' "^^ ^"-- '^ — -'i* o attend at the Terms, without special order. 3rd nisOrdcred. That all general rules of this Court, which relate to the entering of causes, the filmg of Nisi Prius Records, or o'her proceeJings at Nisi Prius, shall apply to, and be in force at the nTs Prius Sittings in the County of York. Jj^y, ^'u °"t'"'' '^'''' '" ^" ^"*'^"^' '" "■»^''^h the issue is made up and the Ventre Faci.s Jurat.rcs is awarded, as of the last return da/! J J 89 OF THE PROVINCE OF NEW URrNSWICK. 86 that is to say the second Satnnlay after the first Tuesday, in any term rrnrM^r '"- '-'- -y^ awarded, and^^e Michaelmas Term, 11 Victoria, 1847. -// U Ordered, That after the present year there shall be Sittings of N.S, Prms for the County of York after the Hilary and Trini tv Term! of th.s Court only that ,s to say : Sittings after^HiWy S In the th>rd Tuesday ,n February in each and every year; and SittLs after Tnn,ty Term on the fourth Tuesday in June .n each and ve J ye the said respective Sittings to continue for so long a time i in th. op.n.o„ of the Judge holding the same, may be nece'ssar f^r he s patch of the business depending; Aud it is further Ordered That a 1 he parts of the General Rule of Michaelmas Term in the^xth year o he Reign of King William the Fourth, which relate to Nisi Frius Sit t.ngs for the County of York, shall remain in force e cent nl tte appointment of such Sittings after the Michaelmas Term of thi Cou't See Nos. 42, 43, NON PROS. NOTICE OF COUNTERMAND. Hilary Term, 9 George IV, 1828. 90-It is Ordered, That no notice of countermand shall be deemed suf- fie lent to save the costs for not proceeding to trial pursuant t^not ce unless It be given at least ten days before the time oHhe intended trial' Michaelmas Term, 12 Victoria, 1848. ^^"fin".?''"'"^' ^'''' "° "°*''=' of countermand shall be deemed suf- o WHtTi::?; 'T^ ''^" ''• ^°^ "°^ P^-dingtotheexecutt J* Ll A V7 '''"^^"' P"*"'"""' '° ""^i'^^' ""less it be given at least ten days before the time appointed for such Inquiry. NOTICE OF GROUNDS OF DEFENCE-COPY TO BE FILED WITH NISI PRIUS RECORD. Trinity Term, 13 Victoria, 1850. ^""llive^/d'tth t?'', ' ''''' °' ''^ "°^'^^ °' ^"^^ ""^"^ °f defence delivered with the plea, pursuant to the Act 13th Victoria, cap. 32 and a copy of any order of the Court, or a Judge, which shall have been tnade touching such notice, shall be filed with the Nisi Prius reco.d at the Court of Nisi Prius. and be annexed to such record. See Rules Nos. 142, 143. NOTICE OF GROUNDS FOR NEW TRIAL ETC See New Trial No. 85. ' * M UULES OF THE SUPREME COURT 93 NOTICE OF DEFENCE-NUMBERING GKOUNDS- OBJECTIONS-WHEN TAKEN. Easter Term, 22 Victoria, 1859. -n is Ordered, That when a notice dehvered under the Act of Assembly i3th Victoria, cap. 32, includes several distinct grounds of defence' which would, before such Act, have required separate pleas, such separate grounds of defence be numbered consecutively and placed in several clauses; but any objection to the form of the notice, on the ground of duplicity, must be made to a Judge within fourteen days after the same is delivered, who will upon summons, make such order for allowance or disallowance of the notice, or amendment of the same and on such terms as the case may require; and no objection to the notice on the ground of duplicity will be allowed at the trial of the cause. NOTICE OF TRIAL AND INQUIRY. Hilary Term, i) George IV, 1828. 94 -/< is Ordered. That from henceforth there be at least fourteen days' notice of trial, and for Writs of Inquiry, in all cases, whether the defen- dant lives within the County where the Court sits or not ; any former rule of this Coutt to the contrary notwithstanding. NOTICE OF GROUxNDS FOR NEW TRIAL See No. 85. NOnCE OF JUDGMENT AS IN CASE OF NON-SUIT. . See Judgment as in Case of Non-suit. OATH OF CONSTABLE-RETIRING OF JURY, Easter Term, 18 Victoria, 1855. 95-The oath of the Constable, who shall have charge of the Jury, shall be as follows: You shall keep this Jury together in one of the Jury Rooms of this Court House [or as the place may be] until their verdict is agreed on or the Court shall otherwise order; you shall not suffer any person to speak to them, or any of them, neither shall you yourself speak to them, unless it be to ask if they are agreed on their verdict, except by direction of the Court.— So help your God. PAPERS ANNEXED TO AFFIDAVITS (MARKING OFF. See Nos. 3, 4.' OF THK PUOVINCK OF NKW BRUNSWICK. PAPEIiS TAKEN OFF THE FILES OF COUKT 87 Hilary Teim, 81 Victoria, IHIiH. ^^Tlh '''?'''■'.'■ '"'.■'" '''" ^'^'''' '''^''^ •"'''-^' ^""^ »^'-''^" '^^-- "" 'h- files of th.s Court. e,ther on the Kquity <,r C„mn,o„ Law side, u„,ler the order of the Court or any Jn-i^e thereof, by any Attornev or other person, be forthwith returned to the Clerk of this Court and restored to their resjective tiles. 2nd. No record, paper or document on tile in the Office of the Clerk of this Court shall hereafter be removed therefrom, e.xcept un.'.er the especial order of the Court or one of the Judges thereof, to le obtained only on i, being made clearly to appear bv affidavit to the Court or Judge, that the original record, paper or document is indis- l^nsably necessary to be u.sed in some Court of this Province or before a ludge thereof, .-ind that a copy of such record, ,.n,,or or document cannot be used in lieu thereof 3rd. The Clerk of the Pleas or the Clerk in Equity, as the case may be, shall enter in a «-dereJ. That when money is paid into Court under the said Act, such payment shall be pleaded, and as near as may be in the following form, mutatis mutandis .— •■ C. D. I And the said defendant comes by E. I'., his Attorney- 3rd. ats. - {or •• m person, etc.") and says {or in case it be pleaded as A. B ) to part only, add •• as to being part of the sum in the Declaration, or Count of the Declaration mentioned," or as to the residue of the sum of -) that the plaintiflf ought not further to maintain his action, because the defendant now brings into Court the sum of ready to be paid to the plaintiff, and the defendant further says that the plaintiff has not sustained damages (or n, actums of debt "that he is not indebted to the plaintiff") to a greater amount than the said sum of etc., in respect to the cause of action in the Declaration mentioned," (or - in the introductory part of the plea mentioned) and this he, the defendant, is ready to verifv wherefore he prays judgment, if the plaintiff ought further to maintain his action thereof against him ;" and no other plea shall be pleaded to the said action, or to so much thereof as the said plea of payment into Court is applicable. 4th. // is Ordered. That upon a rule or Judge's order being made for paying money into Court under the said Act, the money shall be paid to the Clerk at the time of filing the plea, together with his pound- age thereon, and the Clerk shall make a minute of such payment in the margin of the plea, and shall also give a memorandum of such payment to be delivered with the copy of the plea to the plaintiff's Attorney; which sum shall be paid out to the plaintiff's Attorney on tlemand. 5th. It is Ordered. That the plaintiff; after delivery of a pier of payment of money into Court, sliall be at liberty to reply to the same. OF THIC PROVINCE OF NKW BIU-XSWUK. S9 by accept, HK the sum s„ paid into Court m full sat.sfactio,, and dis- charge of the cause of action, in respect of which it has been paid in and he shall be at liberty in that case to tax his costs of suit and in' case of non-payment thereof within ten days, to sign judgment for h.s costs o suit; or the plaintifi mav reply • that he has su.stained - Country, not part of Her Majesty s Dominions, it shall be authenticated bv a cer- t.hcate under the hand and seal of the I^ritish Amba.ssador' Envoy Mm.ster. Consul or Vice-Consul ; and if in any part of the British Dommions, by a certificate under the hand and seal of a Public Notary. 3rd. The provisions contained in the fourteenth section of the second chapter of the Act relating to the administration of justic in Equity are hereby rescinde^l. ^ ' 4th. The order for hearing the cause in the manner provided for by the hfteenth section of the last named charter of the said Act, instead of the t,me therein appointed, may be made within one calendnr month after the cause shall be at issue, on service of notice and of a copv of the affidavit on which the application is to be made, on the opposite party ten days before such application, the time for hearing which shall have been previously appointed by the Judge to whom the same IS to be made; provided, that in cases which are already at issue the order may be made within one calendar month from the Saturdav next alter the second Tuesday in the present term. PRlSONEHS-PJiOCEEDINGS AGAINST. Hilary Term, 2 Victoria, 1839. 103-ist. It h Ordered. That from and alter the last day of this term in all cases where a prisoner is or shall be taken, detained or charged in custody by mesne process thereafter returnable, issuing out of this Court, and the' pkintiff shall not cause a declaration against such f OF THK PUOVINC-E OF NEW BRrNSWICK. 41 prisoner to be delivered to su.h prisoner, or to the Sheriff in whose custody such prisoner is or shall be detained or charged, within three calendar months after the return of the process by virtue whereof such prisoner ks or shall be taken, detained, or charged in custodv , a" d caus an afhdav.t to be made and filed with the Clerk of this Curt of he delivery of such declaration, and of the time when, and the person to whom the same was delivered, before the last ci ,f the term next omof c'u t'"r?"''"'V'''''''''*""' 'he prisoner shall be discharged oneo th;, -)' ' T 1 "'^'•"'■'''■"^ '" ^^ ^^•-'"'^'^ ^>- 'his Court or one of the Judges thereof, upon filing common bail ; unless upon notice g ven to the plamtifl-s Attorney, good cause shall be shewn to the con- IZl:^ '" """f °^ ^ commitment or render in discharge of bail after he return of process, and before a declaration delivered. unlesJ he pla.nt.fi s shall cause a declaration to be delivered, and an affi a. t thereof made and filed; before the end of the term next after^ u h commitment or render shall be made, and due notice of such render «.ven, he pr.soner shall be discharged out of custody by writ of suf,.r. W « to be grante.l as aforesaid, upon filing common bail, unless upon coSr" ' ''"""" '°°' '^'"" ''''"' "^ ^'^'=^^" '"'•^" asTforel^in' °" T' ^^'='^'-^''°" ^° '" ^e delivered against a prisoner as aforesa.d a rule to appear and plead shall be indorsed acco ding to he fom following, that is to say. •• The defendant. C. D., .s to appel^ te/ sTrvicrTr- ''; r °' ''' P'^'""''' "^ « • -'hin twentv"; S.rhrb;dru,?.^'^^^''°"^ ''''-'- ^-'«-- -" ^^ --^^ Cf. H.. Plaintiff- s At (unity. l8 def^uh'unt'ilth'""' ''"' T "" '"'''■^^ "^^'"^* ^"'-■h defendant bv default until the exp.ration of the said rule. 3rd That the Sheriff, who shall have received a copy of a declaration aga,nst any pr.soner in his custody, shall indorse theLn the tl of h.s so rece.v.ng the same, and shall forthwith deliver the same to the sa.d pnsoner. and shall also enter in a book to be by him kept for thai purpose, the t.me of receiving such declaration, and of delivering thi samfi to the prisoner. ^"vciinK me not t '^*"' ""''"■' '^' P"*"''*^ '^"'^^''' ^S^""*' 'he prisoner, it shall ^ich onTshT'' '"'r°" ''^" '^^° '^^P''^^ °^ 'he declaration, of wh,ch one shall .a served, and the other filed with an affidavit of ser. v.ce, and a copy of the Rule to appear and plead indorsed thereon. S^^: 7,''^?f"/PP''^^'*°" '"ade by the plaintiff, before the time at wh.ch he defendant may be supersedable. and good and suZen cause shewn by affidavit, further time to declare may be given by ul of Court or order of p f uc'.ge. ■'6 "> i me 6th. That upon every application for a supersedeas for want of declar- .ng ,n due t.me. in addition to the certificate of the Sheriff that no d" ^ RULKM OF THK MIPKKMK lOl'RT ^ffi!";!""." )Tu ^r. '^f'"'''' •" *'"" ^"^ '•^^ »'""""«•■• «here shall be a„ aftdava of ,he defen.lant, that he has no, been served with .uch declara- 7th That unless the plaintiff shall pr.K^eed to trial or final j.uIk- ment vuthm three terms next after the delivery or -^ling of declaration b> the course of th.s Court the plaint.ff can so proceed; of which hree terms, the tern, wherein such declaration shall be .lelivered shall le taken to be one ; or, .f by the course of the Curt the plaintiff can- not .so prcK;eed to tr.al or final judgment within the time above limited hen unless the plaintiff shall proceed to trial or final judgment as soon t^U r r^' I T" "^ '^'' ^""" ^' '"'■'>• ^'^ P'^^^'^' 'he prisoner shal be discharged out of custody by writ of superudcns to be granted as aforesaid, upon filing common bail, unless upon notice given to the plamtift s Attorney, good cause shall be shewn to the contrary, «th. That in all cases after final judgment obtained against a prisoner unless the pla.nt.ft shall cause such prisoner to be charged in execution, w. hin three cakndar months next after the day on which such final judgment shall be signed -.„ case no writ of error shall be depending enor";h"n*rH °'^""' '" '''' "' P--edings ; and if any writ S eror shall be dependmg or injunction be obtained, then within three calendar months next after judgment shall be affirmed the writ of error be non-prossed or discontinued, or the injunction dissolved • the prisoner shall be discharged out of custody by sufers^J^a, to be granted as aforesaid^unless upon notice given to the pla.ntifl s Attornev good cause shall be shewn to the contrary. yth. That after tnal had, unless the plaintiff do proceed to have his judgment entered up and signed as soon as by the course and practice of th>s Court he mav so do, or w.thin .ne calendar .r.onth thereafter •n case no such mjunction shall be obtained or order made for stay of proceedings: and if any such injunction shall be obtained, or order made, then wuh.n one calendar month after such injunction shall be dssolved or order discharged the prisoner shall be discharged out of custody, m hke manner as in the last preceding rule is provided. me'n.'^nhy^''r 'T "^ t ''"'^'' '" '^'^'^'^^''^'^ °^ b«*' ^^'^^ ^"^1 J"clg- ment obtamed, unless the plaintiff shall cause the defendant to be charged in execution within three calendar months next after such retuier and due notice thereof given; and in case of render after trial and before judgn.ent, unless the plaintiff do proceed to have his judg- ment entered up and signed within the time limited bv the last preced- ing rule, or w.thin one calendar month after such render and due notice thereof, the prisoner shall be entitled to his discharge m manner aforo said, unless good cause be shewn to the contrary. iith. That no treaty or .^Kreement shall be sufficient cause to pre- vent any prisoner's having the benefit of a supersedeas, unless the same be in wr.tiag, signed by the prisoner or his Attornev, or so:ne person duly auinorueJ by such prisoner. ' i - -i OF THIO "HOVIN.K >.. SKW l.IttNSWICK. 48 RECOGNIZANCE KOLL. Easter IVrm, 11 Victoria, 1848. 104 -No Recognizance Roll „r a Rocogmzance of Hail ,o bo recoued or RECOliDS-WKlTS-DOCKETS-JUDGMENT ROLLS. Easter Ttrni. 25 Gtor^e III, 178.5. 105-.st. // isOnUrai. That all the I'rocesses. Records, Rolls an.l Jud. menu of th.s Court, be ma.ie o„ parchment, according ,. h a " t the Court of King's Bench in England. ^ .nd. That the Hill issue.! out of the Court of Kings Bench in Eng- land, commonly called the Bill of Middlesex, be the first pro ess .rf Respond.nJu.n. where a is to be executed by the Sheriff of the County tiefsVan £:" ''" "'' •'" ''"^ ''-' ^'-^-- «"'"« intoJ'her C^: ^ Ues shall be a common Cap.as. in form of the alias or Latitat leavine out the words 'as before we have commanded you ' except whereat Birrs :''' "'■" '"'r •■ ''' '-'''' °^ '^^ '^-'"« a^dtt.;!; Bill bemg now supposed unnecessary. 3rd. Tha, every Attorney of this Court enter the return, and file the Wnt or Process, m all actions which have not been agreed and in wh,ch they mtend to proceed ; and shall make a docket of all such returns and rules, and on the last day of the term shal deher the ame to the Clerk of .he Court ; and shall pay to the Clerk s own fees, as well as those of the Judges and Crier, in such actions. Hilary Term, 45 George III, 1805. 106-// /. 0.'' or proceedings whatever of a dl K ^ ' """^"^ o'^er paper Micliiielmas Tenii, O George IV, 1825. 109— ist. LIp.n refeience to Ihe Rule of Hii».,. t OK TIIK I'llOVINCK OK NKW llltrNHWICK. -•"'I It n Onl.t.,1. That f,,„„ an.| afl.r Jl.la 4n A.ton.e,of,^sc:.„n..,,.s.„..::;r:Ju: ,::,-:,- Oftcer ..f ,h.s r.un. ,„, ,ha, th. Clerk .,f ,h. Pleas :,., r. Z , furnish a copy of ,h,s l<„l... t,. every Attnrnev .,f ,h,s C..,,,, Hilaiy Tcnii, 7 Williimi IV. 1H}{7. 110--// ;. ()nLr..{. That fro,„ an,l after this present Hil arv T..r,n . AUorne, ..f ,h,s r...,r, et.ter the ref.r,. a..!, hie :ul^n,!:Z::i all .UH.ns winch have „.., at ..r before such return been s..,tle,I or 1 " -...nued an. ,„ake an.l hie with the Clerk a ,l..cket ^lu^^ •et, rns an,| rules, on «r before the last re.nrn .lay .,f the term a, w ::^::r::TT''' "^^""- •'"■'^ "''>-Hcreaft:: .; , t ht Clerk .lo no, ,n fnture receive ..r hie any .locket, ,.r enter anv snci Z:.l:t:' "''''"'■ "'''""'^' a^-'lavts, properly a,:eo,.n„n. Tiiiiitv Tvnn, '2H Victoriti, 18(50. '''';^c",?';h:r,er,'"f .l"\''"""'"« '^'■«"'— ^- "•>serve,. in „,. wmce oi the { leik ..f th,. ( r.)wn in this Court liltiiik Writs tssiini hy Clerk .srniank Writs of Habeas Corpns, and any others which remiire ehatof aJ,i.l«et.,been.lorse.l thereon befj.re thev can be , ^ J^iS':: i'^'""'^^^^"""' ^'"" ^^'^"^ ^^-^^ '^ subp.. j: ! ^?:rrsS'£SFf--^^^^^^^ o.e said wrws as they may from time to time fill ui. -in, I Kssue, statniK ,n .he IVacpes the name of the J,ul«e X'. h- M been indorsed, where a fiat is necessary """m hat ha. KEPLEVIN. Easter Term, 50 (JeorKe III, 1810. 1 1 2-/( is (MUnd. That the Writ of Replevin, under the Act of Assemble 50 (.eorse III, c. 2,, be in the form following, vi. ■ ■■ (;eo.-«e the Third, by the Grace of God, of the United Ki„«.lo„, ('■• -V) .Great Britain an.l Ireland, Kin^, Defen.ler of the Faith etc To the Sheriff of (iRKETi.NG ■■We command you if A. B. shall make you secure of prosecuting his complaint, an'i also nf r-fnrr.;,, n, /•- . . }""!>ecuiing I dii.i aiso ni rctiirnin« the (.o.)ds and Chattels, to wit • g which C. D. hath taken and unjustly .Jetain.'d' 40 111 I,|.;h (,!• T,,^; scniKMK COlItT »..h. .™,i h. 31.,;;;'"°' """"r «■'«'■" »'"' i"-'"-- - »' Mich (l.'fi.n.laiit. iviiiinnhl,. -it fh.. „ . '"'•"* ^«*""" Inrin, \\/ " 'i-uii. in me folldwiii^ To the Sheriff of (Ji• '-f'- -'.'.. a.u. have ,...,;;:■ .h:;;;:',;^:"^' ''''' '"" ''-'''- - '-- form u.s.,i i„ the service of IV ^ "ut.ce sh.H be in the sLan Iv n.ule a , , T„f , ' "'" l" ^"^"""'^ '" ^^ich „o afli.lav.t «'.a.. not appea::::!:'.:;: ;:-:;:-- ^^ ^:;-" ^^^'^-'^-t after such return the i.liin.iff h , . '"^'" ''^*"'>- ''^^'^ Affidavit l>e.,K „:,e V 'i^j 1 '•'*'' '" •^' '"^-'- -P^u the usual 'o enter a contnon a, ranee or > '""'"' T"' ^' ^'' ^"'^^ ^— • an-i .o proceea therel^^: T^u tf^nZrtl -r such .efenUant. appearance or filed common 1,,-„1 '"^' '"'"^"'' ^'s or her '^loi it is further Ordirtii That in -.it ^!-< "e a part,, the ^Ire. ''"i ^ 1^,; ^^f "^^ ^''eraf C Wner. as .n other cases .„ whL. th:;:^::if;t a ^ty'"" '^ '"^ Michaelmas Term, 22 Victoria, 1858. ' '3 — ^' '"' Onltnd. That when nnn.i fk„ .1 r the defence arises under he " ^ ' 'd H ^ '"■' '""""" "^ ^^f"-'"' •he KevKsed Statutes.^ J „„ . ^e ' /l ""T "' "^'^^'^^ "^ '^'^ for the defendant the A.l , h .u """ ''^'^ ^ ''^'"'^''^» *^ ^o^nd -, I OK THK I'lloVINCF OK NKW MUNSWKK. 47 ««sess the <.an,a..s ..f ,he s.i., ...fen.Ian, hv ..;.s.: ! ^7;., "^ at th , sum of , pursuant t„ Chai^tcr ,.6 „f ,h.. |<,.v,s..,| S.atut.-s hcsKles his Lf.sfs aii.l charKcs. etc.' ^'.itutts, If ..e R-,i,iff ..f ,he „„,,„„,. .„ ,„, ..„, „,,i„^ .,. ^.^ ,^^ „^^^ IH. ma.le a .lefen.lan,, th. (...sU, may he vnrie.l. as follows , ' And that there was due to the .lefendnnf r ?> .. . r , r , An.l that the entry of j„d„ment on the said f„>sU., be in th. form ■mis ■?"' f"'""''-''"' ■'" *^" ''"^-•f -■""'"• „ 1 , ''^''' "^ '^'^ l'''"f"^^'< '>r the cir- "'•t ''ei"« matter ..fsuhs^al'han.l'rr'"'.'"' '''' "'>■ ^•^-'"- or entries. '''■'" "'" •'«^'''^t 'he validity of the Bonds ^■"- ' --KI-.I'l.liVIN HONDs. .^fpSiuiffan]':: ™::::;':.;:'":;;;^' ':"''' - c-*^ -^^ accifons <-'ty and Countv as th. c^ .av ", 'J'" *'""'"'^- "' «- t'- value of the ,ood ot^ , . 1;''n ^^ 7'" "' ^^^-l^'^ wick, to be paid t. the saM '^' ''^^'"'^/'^ ''-•"■^"' "><-"- of New l^runs- Administrators or \ssi- '■*" ^„„, the j.a, ot "uru.rd one thousarui eight hundred -i'he Condition of this ( )bli«ation is such That if th . u (P'a'"t,tt) do appear before our said Ladv th f. ' "'^ ^"""'''=" ^•" (the return dav of the Writ of L >^ • f ^"'^''"' ^* ^'''•'^^'^'•'■cton. pn.sccutehissuit\vith L ; wih^'r.'"/ '"' '" ''"" ''"'' ''■^''^ for takin, and unjustly de, II ;.*'^ •specify the good, t., berJefec^T' ^"^' '^^^"^'^^ '"-it (here goods and chattels, .f a e u 1 f i "' ''° T''' ''' '■'^'"™ "^ '"^^ -■-' l-> all such da„;ages a :;;'be .r^Vt'" '"^ '"'^"''«'^'^- -"' '^'^ pursuant to the Act Of L^lX^f '" '''' =^^''' (defendant) Her Majesty's reign, intutZ ^r^ ;:::^^^r '" !'' ''''' >^^^ "^ '" Replevin,' by allowing dan^aJini ""''*''•' ^•■"'^'^^'''"^^^^ then this Obligation to be void "th ""''' '" "''^ ''^'■'^"''^'"' ■ virtue. '""^' °'herw,se to remain in full force and S,;ili;i and ,hUv*n;l in i tlif pirstini of / ohe .tr;'i;;;;!;;;s:ti::":::; rf r;'"— " Common I'leas for the said Countv of ^"^"■"''" ^-""'■' ''^ (as specified in tln^ uvit \ r . '^' "" Hnint'john at TnL?^!! ^^/^ ^--^•-- "^ ^'^ -^'^ City of fo.- the said City and CV,unty at the sa C >'"""" '''"''■^' "' '^ ^"'^'-' an in the foregoing form.) ^"^' °"' '^"^ '^ 'hen (conclude 1 OK THK PllOVINCK OF NKW llUfNHWICK. .49 NO. 2.- DEFENDANT. (Commence in the usual fnrmi u- • the ne.at.ve or aftirmate oT he i:i:Z ITh"'""' .^'f ^^•'•*'"« Country, according as it makes forth I *' "includes to the as the said ^ h'th cL I t "'^'"*^ '" '"'''""'^'- '''"^ ^"^"^ N". 3.-ENTRV OK JtnoMENT ON THE ABOVE etc.. and that he have a re n t(Z \ f '''^''^"^ -*"-» 'l-'. to him irreplevisable for e 1 d ^'is ft '"' '^'^"'^'^' '" ''"'" said defendant do recover against th. h , '' '«"'"^«^^d. that the costs and charges bvThe inf r ''"'^ ^'"""^ ^'^ '''^^ damages, and also ' ' f„ LsTh "'"'""'' '" ^"^"^ ^^^^^^i'' -messed said Lady the Queen no v T "T '"'' '^'''''^^^^ '^^ "'^ Court of our Justices h'ere " aZLd Tf IT ^^ '" ?' '"''^'■'^^ ^^^^ ^ b>' 'he the form of the Statute i H '" /''^ '''^'^■"'^"*' '"^^-K to damages, costs and ctrl.'^","]"'' ''"" '""^•''^^" ^ ^'^-^''-^ tu • . ■ , i-'iarges, in the who e amount tn ■ .l the sa,d defendant have execution thereof. ' ''"'' '^"' N0.4.-ENTKV OP Vekd.cton Postea wheke the vau;e op thk GOOU.S IS ASSESSED BV THE JURY. ((-ominciice as in form Nn o \ i« ~ hath complainVdTg^nst L / ^ '"' '"'" "^ '*''^ -' ^ prayer of the said defeJant^h ^7 1 '"''"' ^'''-'^^'''^ ^"^^ ^» 'he said, that .he said .ood "h u . ''^' "P''" '^^>'- "'''ths afore- thereof, were worth ' t T " '' ''' '''"'^ ^^^ ^'^^ ^^P'evying they award to th said defend nttdV" ''' '"' ^^'"^ •''^^-' ^^-^ theActof Assembly in such tsllnT f°™ "f the defendant s othe'r dam ««", re"a o7"o? .? '^^ ^ ^"' ''^'^- '^'^•^^'^^ pursuant to the sai.I A,.f », ■ j °>^J.^^*o" «' the premises to usual form) ' "'" '" '^"•'''•'' ^^^ '^'^-«-- ^tc (as in the No. 5.-ENTRV OF Judgment on the above it is further considered thatS sau d enT .t'""* '''' ^'^^ '^"^ said plaintiff the said sum of k ^'"' ''" '''°'-''' ^^'^^' 'he Chattels aforesaid by the Jury .., form'^XSl^ a^sld^ Zt T our said lldy IhTgur „rr ■ r'^ '^^ ^^^rgTby t clr:'S Justices here •• adSed .f Lr"'' ^" ' u ^'' '"'^^'°^ ^"-^' ' ^V the to the form o he Statul n T *'' '"' ''=^"'^''^"»' '-"--ding said damages. cot.tT 4"- tirih^?'^ ^"' ''^^^^'^^^ ^ ^^'^'^^ and that the said defendant hS-^ :':ec:ti:'tere':r" " Kl) "t'J^K« O*' 'I'HK HIIPIIKMK COURT liULE (CONSENT.) Trinity Term, 7 Geor^'e IV, 1826. ' 115-H7,..r„„ by the common Consent H«le in nrtinnc ( ■ --' • Lessor of the plin iff has bee„ elhr\' "'"'": ''*'' ''^ '"'^ °^ '»''' defendant was in possesion at thl^''^'^'','^' ^'^'^ ^-^^''^^^ «hat such of the premises menti:: ' i^ the 'rc^n; .^7" '"'' '^°"«''^' proof, have caused such plainfffl to bnonli,:,"' ' ^"" "' ^"^'^ .n.t;'s:crco;rnt s^ --« -^ -n. .he defendant :: si i,; •;„':, tieTr^"';: ''"7 '=°"^'"^''' ^^^ That from henceforth in eve action ^f" ; " l'"''^""' ''"''''"'■ specifv in the Consent R.Xf T ^^^ ''J'^'=^'"^"'' '^e defendant shall and shall l^eTTn s^ch ,fule^ 'T'"^ '' -tends to defend, defendant (if h.lZ^trel. " '" " "'"'" ''^'^ •'"'^'' «»'^« '^e that his Te'nant) J^!:^: t^l^e" f rs^rXe^^of ^^^^^^^ ^^"'^'-^• the possession of such premises anr .h!f f . declaration, in the plaintiff ,n that case to be taxed. ^"^'^"^^"' ^^all pay costs to Trinity Term, 8 Victorir.. 1845 to the action will involve a ques.Ton of T ^'"""^ *^"* '''^ '^^'^"'^'^ KETUllN OF Wliir. See Side-Har Rule. liULES TO PLEAD. EjiHter Term, 25 George III, 1785. 117-That all defendants have twenty days to plead from "th« i r .. OF THK I'liOVINCK OF NKW lUiUNHWrcK. gl defendant. ^ "''• *" '"^ "'^''^'^ "" «he Sherift or See Writ of. SCIliE FACIAS. SECUlilTY OF COSTS. Michaolmas Term, 8 Victoria, 1844. Shan be«iv::r;::ui^ rfr;;::„r riir^^"^- ^-^^ ^^-^'^^ niarv • anri .1,0. ■ ^ pounds in all cases, except in sum- ")ar> , and that in summary cases sprnrifv .,1,011 u ■ of twenty pounds. ^ '*'^" ^^ ^jven in the sum SERVICE OF xNOTICES. Easter Term, 25 George III, 1735 or last, or most usual place of his or th Jrtdlgs ^'"'"' '°"^^' e.^n::ui^;rs^.:rs' r ^ """^"^^^'^^ ^^^ p-'-. dant or his ^tfom. u ' "^^'"^ "^^^ ^« ^'^'■^«'' «" the defen- his Attorney, or on the person who serves the notice of Bail. Hilary Term, 28 Victoria, 1865. '"'s-jiaretemer Znire^ ,7^^^ ^ ^ '"°^"^^ ^ ^^ -"- house or last place of Zl ^'"^ '""^ P^P^'" ^' f"*^ 'J^-«"inf< service that th' Atoned LrX^''^''/^^^ ''>' '^« ^'^'^-'^ "^ .sa.e was closed, or if oUtt'^ttr^e :^f n^^r^I^: rsu^^^O.'^^' upon whom servir*^ rr.iiM i,„ j pcrbon in su.h Othce same at the d^ rh:!":;",: " ,'" !"^ °^ ^::!"'='' '^--' '-^*"^' "'e shall be deemed suLie::rni:rt£:of ^!^"^"" '' ''^ ^"°'"^>' SERVICE OF PROCESS. Trinity lerm, 8 Victoria, 1840 52 RULES OF THE SUPREME COURT Form of Affidavit. A^B^(nanie, residence and addition of Deponent) maketh oath and i-aith, that he, this deponent, did on the day of dehver a true copy of the annexed Writ or Process, at the house of C D the defendant, named in such Writ or Process, (or the house of any other person as the case may be,) situate in the Parish of in the County of , unto E. F., the wife of such defendant, (or to O. H. an adult person rcsidiuR in the said house, and known to this deponent as a member or inmate of the family of such defendant) and this deponent further saith, that tho said house was at the time of such delivery the usual place of abode of such defendant, and that the said copy of the said Process was accompanied with an English notice in writing to the defendant, of the intent and meaning of the service of si'.^h Process, pursuant to the Statute in such case made and provided • ana this deponent further saith, that at the time of making such ser- vice of the said Process, the said defendant was not, as this deponent verily believes, without the limits of the said Count/. Easter Term, IJJ Victoria, 1850. 122-ist. Wlunas by the Act of Assembly 12th Victoria, cap. 39, sec 44 the Act of Assembly 7th William 4, cap 14, allowing service of Process to be made at the usual place of abode of the defendants, is repealed and the said Act of 12th Victoria, limits and restricts service of Process at the dwelling to cases where the defendant shall be within the juris- diction of the Court, at the time of such service ; and the Rule No 2 of this Court of Trinity Term, 3rd Victori-, is thereby virtually sup- erseded // is Ordered, That such Rule be rescinded, and that the affidavit of such service shall be in the following form, or to that effect m order to entitle the plaintiff to an order for perfecting such service : ■•A^B Sheriff of , (or A. B., of , a Deputv of the Sheriff of ,) maketh oath and saith, that he, this deponent, did on the day of , deliver a true copy of the annexed writ or process at the house of C. D.. the defendant named in such writ or process, (or the house of any other person, as the case may be,) situate in the Parish of , in the County of , unto E. F„ the wife of such defendant, (or to G. H., an adult person residing in the said house, and known to this deponent as a member or inmate of the family of such defendant) ; and this deponent further saith, that the said house was at the time of such delivery the usual place of abode of such defendant, [and that the said copy of the said process was accompanied with an English notice in writing to the defendant, of the intent and meaning of the service of such process, pursuant to the Statute in such case made and provided];' and this deponent further saith that the said de«-endant w.-isat the time of such service within the limits of this Pro.'ince. as this deponent knows, for the following reasons, (here state the particular means of knowledge the deponent has of the defendant's The clause between brackets may be omitted in the service ol Summary Writs. OF THK PROVINCE OF NKW JmUNSWICK. 53 being within the Province; if this fact is not known to the serving officer ,t may be proved by the affidavit of another person a, d he thaVl^th r-" f u ^^°"'"' ^"'■"^^'' ^"'"^' '^^' ^' verily believes that at the time of such service the defendant was w>thin this Province ' an order for making a service at the dwelling good service the Wrl Z Process shall be delivered to the Sheriff of the'coun no which ssued for service, and that such service be effected, and the ffid v thereof made by the Sheriff or his general or special Deputy JJn J\'' {v''''": "'''''''''''■ '^'^"' '""''^ '^"'«« ^hall apply ,nutatis mutandis to Writs directed to the Coroner. 4th. It is further Ordered, That the.se Rules apply to every Writ or Process issued after the end of the present Term Trinity Term, 20 Victoria, 1857. Service of Process on Non-Residcnts 113-lt is Ordered, That where service of process is made on persons resident out of the Province, under the Act of Assembly Z'^ cap. . the nature and place of the business carried on by the defe di "ent"onH °""'^'' '"' ''^ P^'-'''^"'^'- "^«"- of theagencyo empbv- fo tlf H f 'h"""" r"' "'°"' *'^ '^^^y °^ ^^°^-^ - 'y have been le^t She 1^ ,nati"n; ' H '*'''' '" '"'^ ^'"'^^^"^ °^ '^^ Sheriff or Deputy bher ff making such service, or otherwise proved by affidavit to the satisfaction of the Judge, before any order if made for perft^;; stlc.: See Practice in Equity, Rule 102. SHERIFFS— FEES. Easter Term, 25 George III, 1785. ^^^■i^JrJ b ')t ^'''"'^f u ^°"' '^'''' ^^'"'-"^ °" ^" J^^°<=««e« delivered to them by the day of their returns respectively, and deliver them to thl At^rneys who issued the same, ^hat they attend ^ Cou ev n Term by themselves or their under-Sherifls, and that they Ipoint ^^:T^T' ^^'° ^'^" ''"■■''' '^'^'^ *" ^'^ district' nhic" the Court sits, ,,nd as near as convenient to the Court House' who " nv -rR T' T ^°"" ■" '"^^ absenceof the High Sheriff and rhat an n.s Rules and Orders delivered to such Deputv, shall be of like effect as if served upon the High Sheriff. Michaelmas Term, 6 William IV, 1834. __ n^s Ordered. That, after the hrst day ofj iiiary Term ne.xt. no costs • The clause between brackets may be omitted in the ^^^^^^^^r^n-;^;^^^;^;;;^ 64 RILKS OF THK SrPIiEME COrnT for the service or return of any Writ or I'rocess be taxed or allowed in any bill of costs, without the production of such Writ or I'rocess with the return thereof, signed by the Sheriff or his Deputy, and the fees for the service and return, marked thereupon by such'sheriff or Deputy. Filary Teini, 4 Victoria, 1841. 126-OnUnd. That from and after the last day of this term, when any Sheriff, before his going out of office, shall arrest any defendant, and a C/S/ Cc^rJ-iis shall le seturned, he shall and may within the time allowed by Law, be cUed upon to bring in the body by a rule for that purpose, notwithstanding he may be out of office, before any su:;h rule shall be granti^d. Sll»E-JUi; la'LES— KETUliX OF WIUT. MicliRfliiias Tenn, 8 Victoria, 1844. 127-// is Onhnd. That no side-bar rule shall be taken out for the return of any Writ after six months from the day on which such Writ IS made returnable ; and that after sue . si.x months, motion be made in open Court, or the order of a Judge obtained, before any such rule do issue. SPECIAL UAIL. Easter Term, -25 Georo;t' III, 1785. 128-That there be allowed ti.aitydAy^ to all ilefendants to put in special bail ; and the like number to all plaintiffs to except against such bail, from the time of due notice of bail put in. Hilary Term, -26 George III, 1780. 12^-Ordfrcd. That in all process where nn affidavit is made and filed of the cause of action, the Sheriff's of the different Counties, at the time of taking the bail bond, shall serve the sureties therein with a copy of such process, subscribed with the following notice ■ • .A.I!." •■■I'ake notice, that unles.s special bail is j.ut in above by the defen- dant in this cause within ti.'cnty days after the return of this process, the condition of the bail bond you have entered into, will be forfeited .^■' and upon allidavit made and filed, together with a return of the process by the Sheriff of the service of such copies as aforesaid, the declaration may be filed D, Bene Es^e, at the return of the process, Willi notice to plead in twenty days; and if defendant puts in special' bail, and doth not pkad ivithin time, judgment may be signed ; p'rovid. ed .such declaration be filed in the Ckrk's Office with notice thereon within lu-tiily days after the return of the process. .. OK THK I'KOVINCE OF NK\V JililNSWICK. Michaelmas Term, 59 George 111, 181 !». 55 ISn-Orderai. That the time for putting in sjecial bail, asreeablv to the rule made m I-aster Term, in the twenty-fifth vear „f His present Ma- jesty s Reign, be enlarged to thirty days. Michaelmas Term, (5 George IV, 18'25. 131-Ordered. That if any person or persons, who are, or w!,o hereafter shall become bail in this Court for any defendant, in any action what- ever, shall be impiaaded by action of debt upon the recognizance ,n such suit acknowledged, such person or persons shall have liberty to surrender such defendant by the space of twenty entire ,m IV, 1832. 132-1 St II is Ordered. That in all cases, where bail is put in before a Commissioner, the bnil-piece, together with the affidavit of the due taken thereof shall be forthwith transmitted, by the Attorney who puts in the bail, to one of the Judges of this Court ; and the notice of bail in -such cases, shall specify the Judge to whom the bail-piece has been so transmuted, as uell as the Commissioner, before whom the bail was put in, and the names and additions of the bail 2nd. That plaintiffs shall be allowed twenty days, after service of the notice of bail, to except against such bail; and such e.vception shall be entered ^vith the Judge before whom bail was put in or to whom the bail-piece has been transmitted, as the case may be 3rd. That defendants shall be allowed twenty days, after service of notice of exception, to procure their bail to justify, or to add other bail, who shall justify within the said twenty dav:*, unless in either case, upon application made before the said twenty days expire, the the Court, or a Judge, shall see fit to extend the time 4th. That bail shall justify in open Court, or before the Judge with whom the exception is entered, notice of justifying being first duly given ; and that in all cases, when the bail reside more than ten miles from the place where they are to justify, they may justify by affi.lavit without personal attendance. 5th. That bail must be Housekeepers or Freeholders, and, in cases where the sum sworn to, does not exceed three hundred pounds must be worth double the sum sworn to; and in cases above three hundred pounds, must be worth three hundred pounds more than the sum ^o, over and above their just debts, and which they are bail. every other sum for DAI.HOU'iiF LAW SChUOt LiBKAKt *" lll'LKH OF THK SITUKMR COl'KT 6th That the aJtidav.t of justification shall be according to the fol- owing form ; and may be made before a Judge or a Commissioner of this Court for taking affidavits. . .. ,, ^ l''onn of Affidavit. In the Supreme Court, Between, otc, A B. and C. D., bail for the defendant in this cause, severally make oath and say, anbmg particularly ihe place of r ;idence,) that he is possessed of property to the amount of / (double the amount of the sum sworn to, If under /joo, and if above /300, the amount of the = urn sworn to. and /300 added thereto; over and above all his just 1 143-" It Ordrrni. Thai the Clerks of the Circuits shall not hereafter enter any cause on the I),K;kel at Nisi I'rins, unless the Nisi Pniis Record .s reKularly and properly made up. and diilv file.l with th.- Clerk at the time of the entry, and that after heitiK so filed no such Hecord shall be altere.l or taken off the files -lurinK the Circuit with.u.t leave of the Court See Rule 89 ISSUES \:i LAV AN]) IN FACT. Hilary rtvu. 4« s'ictoria, 1880. 144-// is Ordered That n. ■ *:)-> i: which issues m law and in fact are jomed. shall hereafter Iv ntered for trial at any Circuit, until the issues in law are ney s so rder and who first )een siiii; 1 at 4 GENERAL RULES. Hilary Term, 1875. 156— The following Rules and Regulations shall hereafter be observed in proceedings in Equity : NOTICES OF MOTIONS. That in all cases where no other time is fixed by any Act of Assem- bly or Rule of this Court, every notice of motion, and every petition, notice of which is necessary, shall be served at least six dear days be- fore the first day of the Sitting of the Court at which such motion or petition is to be heard. EXCEPTIONS. Exceptions to „ defendant's answer, or to a plaintiff's answer to in- terrogatories filed by the defendant, may, when submitted to a Judge according to the directions of the Act 17 Victoria, cap. 18. snb^hap. 2, section 10, be set down for argument on the order of the Judge— fourteen days' notice of the time appointed for the argument to be given to the opposite party. BI ■ FOR FORECLOSURE. In every bill filed for the foreclosure or redemption of a mortgage, the time or times appointed for the payment of the principal money and interest secured by the mortgage, shall be briefly stated. BILLS OF COSTS. Every bill of costs presented for taxation shall shew whether the decree or order was made pro confesso. upon demurrer, on evidence, or otherwise; and shall also state the respective dates of tiling the bill, answer, etc., and of the several motions, hearings, etc., in the cause. No charge shall be allowed for a copy of the bill of costs to file. 66 RULES OF THK SUPREMK COURT GENERAL RULES. 157-The following Rules and Regulations, made pursuant to "The Com- mon Law Procedure Act, 1873," shall be in force : SEVERAL COUNTS. 1. Except as hereinafter provided, several counts on the same cause of aeon shall not be allowed, and any count or counts used in violation of this rule msv. on application of the defendant, within a reasonable time be struck out o amended by the Court or a Judge, on such terms as to c^sts or otherwise, as such Court or Judge may think fit. SEVERAL PLEAS. 2. Several pleas, replications, or subsequent pleadings, or several avowries or cognizances, founded on the same ground of answer or defence, shall not be allowed: Provided, that on an application to the Court or a Judge to strike out any count, or on an objection taken before a Judge on a sum- mons f.. leave to plead several matters, to the allowance of several pleas replications or subsequent pleadings, avowries or cognizances, on the ground of such counts or other pleadings being in violation ol this Rule the Court or Judge may allow such counts on the same cause of action or such pleas, replications, or subsequent pleadings, or such avowries' or cognizances founded on the same ground of answer or dek cp as mav appear to such Court or Judge to be proper for determining t. real ques- tion m controversy between the parties on its merits, subject ♦ such terms as to costs and otherwise, as the Court or Judge may think fit. SERVING DECLARATION, 3. When a defendant appears, a copy of the declaration, with a notice to ■plead in twenty days, shall be served on his Attorney, or on the defendant If he appears m person ; and on default of his pleading within tventy days after such service, the plaintiff may sign judgment by default,-a plea being first demanded after the said twenty days. INTERLOCUTORY JUDGMENTS. 4- From and after the present Term, in every memorandum of Inter- locutory Judgment, the date of the entry of the cause shUl be stated in the margin, or at the foot of the memorandum. AFFIDAVITS. 5 From and after the first day of April next, every affidavit Ir oe as. 1 in any cause or civil proceeding, either on the Common Law or E-^ui'y u of the Supreme Court, shall be drawn up in the first person, an.; " all be divided into paragraphs; and every paragraph shall be numbered consecu- tively, and. as nearly as may be. shall be confined to a distinct portion of the subject. No, costs shall be allowed for any affidavit, or part of an Aflidavit, substantially departing from this Rule. OF THE PROVINX'K OF NKVV BRUNSWICK. 67 JUDGMENT ROLLS. : 6. No entry shall be made on any judgment roll, of any warrants of Attorney to sue or defend. NISI PRIUS RECORDS. 7. No piacita, jurata. or award of venire shall be entered on the Nisi Prius Record, All Rules of Court heretofore made, inconsistent with the present Rules are hereby rescinded. * c«.iu nuies, The following Forms of Proceedings shall be used in the cases to which they are applicable, with such variations as the nature of the action the character of the parties, or the circumstances of the case mav render neces- sary, but any variance therefrom, not being in matter of substance, shall not affect their validity or regularity. NO. I.— FORM OF JUDGMENT BY DEFALLT. In The Supreme Court. v.'^^*' A Ar. '^^^ °! '" *'■'*' y^^"" °' ^^'^ ^^^ one thousc....J eight hundred and [date of the declaration.] (V'-uc>-K. B^by C. D., his Attorney (or, in person, as the case may be), sued E. t.who had been summoned to answer the said A. B byvirtue of a wr.t issued on the day of ;„ the year of our Lord one thousand eight hundred and out of Her Majesty's Supreme Court at Freder,cton ; for etc., [copy the declaration to the end.] And the said E. F. has not appeared ; wherefore the said A. B. ought to recover against him on occasion of the premises.' And the said A. B. prays that the amount to be recovered in this action may be ascertained and assessed by the Court; and thereupon it is proved, and appears to the Court that the said A. B. ought to recr /er against the said E. F. the sum of There fore It IS considered tha .e said A. B. do recover against the said E F the said sum of so ascertained and assessed by the Court, and also for h.s costs of suit by the Court here adjudged to the said A B which, in the whole amount to. 1.1 !!'//7r^"/"'T *"" ''"^""^"'' " "^''•' of Inquiry, proceed as foU lows, after the asterisk in the above Form : ' -^ r j But because it is unknown to the Court what damages the said A. B has sustained by means of the premises, the Sheriff of the said County of hi« R 1 '^^"""".^"^^^ •^'^t by the oaths of seven good and lawful men of his Baihwick he inquire thereof, and that he send the inquisition which he shall thereupon take, to our Supreme Court at Frederic.:,,., on etc r.h^ return day of the writ of inquiry.] under his seal, and the seals of the said jurors. At which day, before our said Court comes the said A. B by his said Attorney, and the said Sheriff returns the inquisition taken before him It tr^T'-r "' ^""^ '' '" '"^^ y-^' ^♦-^ by which It IS found that the said A. B. has sustained damages bv means of the premises, to the snm of Therefore it is considered that the said A. «. do recover against the said E. F. the said sum of so found by the na.d inquisition, and also for his costs." etc.. [as above.] 68 HULKS OF TH'^ SUPREME COURT If the judgment is on conftssion, proceed as follows after the dt.:iarniw>\ : And the said E. F. in persor, (or, by his Attorney, as th< oasf: laay b«^) comes and says that he cannot deny the action of the said A B. ii the declaration mentioned, and at knowledges that the said A. B. is eniitkd to recover against him the said K F. the sum of . Therefois: ii is con- sidered that the said A. B. do recpver against the said E. F. th',- ^um of so acknowledged . and also for his costs, etc., [as above.] NO 2. — FORM OV JUDGMENT ul- .SON PROS. In the Sli'reme Court. The day of in the year of our Lord one thousand eight bcndreJ iinO [date of signing judgment.] ^F^)i..''.--C, D. was served with a copy of a writ of sainm('n.s, (or, arrested L»/ virtui. >f a writ of :. ipias, as the case may be,) issued out of our Supreme Cnrrt fit i redericton, on the day of in the year of our Lord., esc • an action at the suit of A. B. [if the defendant was arrested, staff : diiecteii to the Sheriff of the County of ,"] and th«» saiJ C. D ,ippeared tj the said writ by E. F.. his Attorney, (or, in per- son, as the case may be,) according to the provisions of The Common Law Procedurs Act, 1873." And the said A. B. hath not dc-'ared against the said C. D.. in the said action within the time prescribed by d.e said Act. Therefore it is considered that the said A. B. take nothing by his said writ. And it is further considered by the said Court that the saidC. D.iio recover against the said A. B. the sum of for his costs in this behalf, by the said Court now adjudged to the said C. D.. and that the said C. D. have execution thereof, etc. j<0. 3. — form of a nisi prius recorb. In the Supreme Court. The day of in the year of our Lord one thousand eight hundred and [date of the declaration.] (Venue.)— \. B. by C. D., his Attorney (or, in person, as the case may be. and as in the declaration), sues E. F., who has been summoned to answer the said A. B. by virtue of a writ issued on the day of in the year of our Lord (the date of the first writ), out of Her Majesty's Supreme Court of Judicature; for etc., (copy the declaration to the end, and all the pleadings, with the dates, writing each plea or pleading in a separate paragraph, and numbering the same as in the pleading delivered, and conclude thus): Therefore let a jury come before the Honorable Her Majesty's Chief Justice, assigned to hold Pleas in the Court of our Lady the Queen, at Fredericton. on the day r" . in the year of our Lord 18 (the first day of the Nisi Prius Sitt;-^ try the matters in quest ■:. between the said parties. (It »He ca. :? to be tried at a Circuit Cc ., iistead of the above, state as « "before the Honorable - -' '° "°' --" *he debt, bu on^y iTt oT H trf "• "' u '" "'^"^^^ ^""^» '"^^ '^^f-d-t the said of A.D. 18 . when A. B. -md ,.:. D. were Candidates, and the returning Officer has returned the said A. B. as being duly eic ted, {or as the case may be.) (f) Your Petitioner says that [here state the focti and grounds rf.ied on.] Wherefore your Petitioner prays that it n-v .m determined that the s,-ud A. B. was not duly elected and returr xl, and that the said Election was void, {or, that the said C. D. was d; ' ecte' ind ought to havr been re- turned ; or as the case may be.) Dat. i the day of D. i, [Signatu'-'' ] 4. Evidence need not be stated in the Petition ; but the Court, or one of the Judges, may order such particulars to be given as may be necessary to prevent surprise and unnecessary e.xpense, and to ensure a fair and efTectual trial, in the same manner as in proceedings in the Supreme Court, and upon such terms as to costs, or otherwise, as may be ordered. OF THK PROVINCE OF NEW BRCNSWICK. 78 3 The Petitioner shall, with the Petition, leave a copy thereof with the Clerk of the Court, to be sent to the returning Officer, pursuant to section eight of the Act. f . The Petitioner shall leave with the Petition at the Office of the Clerk of the Court, a writing signed by him, or on his behalf, stating the nanic of some person entitled to practice as an Attorney, whom he authorizes to act as his Agent ; or, stating that he acts for himself, ;is the case may be , and in either case, giving an address at which notices addressed to him may be left ; and if no such writing he left, or address Kiven, then notice of objec- tion to the Petition, and all other notices, may be given by posting up the same in the Office of the Clerk of the Court. 7 Any I'ttion returned as a Member may a: any time after he is re- turned, file in the Office of the Clerk of the Court, a writing signed by him or on his behalf, appointing a p. .ion entitled to practice as an Attorney to act as his Agent in case there should be a Petition against him, or stating that he intends to act for himself ; and in either case, giving an address at which notices in the matter of the Petition may be left : and in default of such writing being filed within a week after service of the Petition, notices may be given and served by posting up the same in the Office of the Clerk of the Court. 8. When a Petitioner claims the seat for an unsuccessful Candidate, alleging that he had a majority of lawful votes, the party complaining of, and the party defending the Election and return, shall each, seven days before the c'ay appointed for trial, deliver to the Clerk of the Court, and also at the address, if any, given by the Petitioner and Respondent (as the case may be), a list of the voters intended to be objected to, and of the heads of ob- ject. : to each such vote: and the Clerk of the Court shall allow inspection am' ecopiesof such lists to all parties concerned; and no evidence shall given against the validity of any vote, nor upon any head of ob- jection not specified in the list, except by leave of the Court, or one of the Judges, upon such terms as to amendment of the list, postponement of the enquiry, and payment of costs, or otherwise, as may be ordered. g. When, in a Petition complaining of an undue return, an' laiming the seat for some person, the Respondent intends to give evident ,, prove shit the Election of such person was undue, pursuant to the 66th Section C vh« Act. he shall seven days before the day appointed for trial, deliver f;, the Clerk of the Court, and also at the address, if any. given by the Petitioner, a list of the objections on which he intends to rely, and the Clerk of the Court shall allow inspection and office copies of such list to all parties con- cerned ; and no evidence shall be given by a Respondent of any objection to the Election not specified in such list, except by leave of the Court or one of the Judges, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered. lo. The Clerk of the Court shall keep a Book or Books in which he shall record all the proceedii „'s of the Court ; the date of filing each Peti- tion ; notice of preliminary objections ; withdrawal or substitution: and the decision in each case tried ;— the proceedings in each case to be kept 74 OKNERAL BULKS OF THK KLK( TION COIIIT separately. Hu shall also keep a record of the names and addresses of the agents given by either of the parties, which books shall lie open to inspec- tion by any person during office hours, without payment of any fee 11 When it shall ! o made to appear to a Judge by affidavit, within five days after the presentation of a petition, that there is reasonable ground to believe that such petition cannot be served upon the respondent within the time limited by the ninth section of the Act, such Judye may allow further time for effecting such service. And in case service cannot be effected within the time so appointed, and the respondent has named an agent, or given ai address, then the service may be made upon such agent personal ly. or by posting the copy in a registered letter to the address given, within such time as the Judge may, on proer thereof, shall be affixed in a conspicuous place in the Office of the Clerk of the Court ; and such notice shall be deemed equivalent to personal service of the petition 13. Preliminary objections to a petition, under the tenth section of the Act, shall be filed in the Office of the Clerk of the Court : and notice thereof, and that a copy has been filed for the petitioner, shall be forthwith served by the respondent upon the petitioner or his agent. 14. Either party may apply for an order tixing the time and place for hearing the preliminary objections 15. The answer of the respondent shall be filed with the Clerk of the Court. It shall be divided into paragraphs, numbered consecutively; and each paragraph shall be confined, as near as may be, to a distinct portion of the subject. Notice of the filing the answer shall be forthwith served by the respondent on the petitioner, or his agent. 16. The application to fix a time and place for the trial of a petition, shall be made in writing to the Judge assigned for the trial of election peti- tions in the County to which such petition relates; and the application shall state the time when such petition was filed, and when it was at issue 17. The Judge's Order fixing the time and place of trial, shall be deliver- ed to the ' jrk of the Court, who shall post up the same in a conspicuous place in his Office, and shall send a notice thereof by post to the Sheriff of the County to which it relates, so that he may receive the same at least fourteen days before the day appointed for trial ; and such Sheriff shall forthwith publish the same m the said County. The cost of publication of this and any other matter required to be published by the Sheriff, shall be paid by the petitioner, or the person at whose instance the same is publish- ed, and shall form part of the general costs of the petition. 18. The notice of trial may be in the following for OF THK PnoVINOF; OF NKW IIIll'N.SWUK. 75 i In THii Election Coikt. Tlif Dominion Conlruvcrted EUcliont Act, 1874. Election f'etition for the County of between A. B. "k.jw^ of pttitiontr] Petitioner, and C. I). Respondent, Take notice that the above petition will he tried at on the 1 till the said heriff, and all custody, and of the Keeper 16 said C. D above speci- D. i8 . aid Court. OF THE PUOVINCK OF NKW MHUNSWICK. 77 •29. Such warrant may be directed to the Sheriff and I'eace Officers of •any County or place where the person adjudged guilty of coiitemj.t may be found ; and may be execute! by any or either of the persons to whom it is directed; and it shall be sufficient authority to the said Sherifl or other Peace OfTicers, and to the (Jaoler, without further particularity 30. All interlocutory ijuestions and matters may be heard and disposed <)f before any Judge of the Court, who shall have the sam-j control o\'ut the proceedings tmder the Act as a Judge at Chambers in the ordinary pic - ■ceedings of the Supreme Court. 31. Notice of an application fur leave to withdraw a Petition shall be in writing, si^^ned by the Petitioner or his agent, and shall be left at the Ofiiee of the Clerk of the Court. It shall state the grounds on which the applica- tion is intended t,) be supported, and may be in the following form : In 111;; Hl.E( TION ("OCKT, CoCNTV OK of Thf Dominion Coitfroiui-tid Ehctioin Aci. 1S74. The Petition of [nniius of Pi-titioiitn\ presented this day The Petitioner proposes to withdraw his Petition, upon the following grounds, (state the grounds), and prays that a day may be appointed for hearing his application. Dated t::e day of [Sif^iKiliin.] 32. On filing such application, a Judge may appoint a time and place for the hearing thereof. 33. A copy of the notice of intention to apply to withdraw the Petition shall be served by the Petitioner upon the Respondent or his agent, and also upon the Sheriff of the County, who shall publish the same in the County to which it relates. 34. The said notice may be in the following form : In thk Election Court, County of . The Dominion Controverted Elections Act, 1874. In the Election Petition between Petitioner and Respondent. Notice is hereby given that the above Petitioner did on the day of lodge at the Office of the Clerk of the Election Court, notice of an application to withdraw his Petition, on the following grounds, (state the grounds, as in the application). Also, take notice, that the said application will be heard before Mr. Justice at on the day of Dated, etc. [Petitioner's signal nre.] 35- Notice of the abatement of a Petition, under the tifty-si.\th .section of the Act, shall be given by the per.-ional reprcsxntntive of the T'elitionei, or by some person interested, by serving a copy thereof on the Respondent, or his agent, and also upon the Sheriff of the County, who shall publish the 78 (IKNKlt.VL Hl'LKS Ol' THK KMX'TION COlliT same in tliu County to which it relates in the manner hereinafter prescribed. Such notice may be in the following form In Thk Klection Couut, Coi.ntv or . The DomiuUin Coiitruvi rtid Elictidiis Act. 1S74. In the Election Petition between ' Petitioner and Respondent.. Notice is hereby given, that the above named Petitioner, (or, the above named , the surviving Petitioner, as the case may be), died on the tlav of , and that the said I'etition is thereby abated, ac- cording to the fifty-sixth section of the said Act. Dated the day of , A.D. [Signature.) 36. Within one calendar month after the publication of such notice, any person intending to apply to be substituted as a Petitioner, may make n written application for that purpose ; and the Judge to whom such applica- tion is made, shall appoint a time and place for hearing the same, of which notice shall be given in the manner directed ni case of an application to. withdraw a petition, (Rule 33.) 37. If the Respondent dies ; or is summoned to Parliament as a Member of the Senate ; or if the House of fcommons has resolved that his seat is vacant ; anv person entitled to be a Petitioner under the Act in respect of the election to which the Petition relates, may give notice of the fact in the County, by causing such notice, (stating with reasonable particularity his right to be substituted), and signed by him, to be published in at least one newspaper published therein, if any, and by leaving a copy of such notice with the Sheriff of the County, and a like copy with the Clerk of the Court. 3«. The manner and time cf the Respondent giving notice to the Elec- tion Court that he does not intend to oppose the petiti(5n, shall be bv delivering a written notice thereof signed by him, at the Office of the Clerk of the Court, seven days before the day appointed for trial, exclusive of the day of leaving such notice. 30. I'pon such notice lieing left at the Office of the Clerk of the Court. he shall forthwith notify the Judge assigned to try the petition, and also send a copy thereof by post, to the petitioner or his agent, and to the Sheriti' of the Count; ; and the said Sheriff shall cause the same to be published in the County in the manner hereinafter directed, 40. The time for applying to be admitted as a Responilent in either u( the events mentioned in the fifty-seventh section of the Act, shall be within ten days after the publication of the notices thereof respectively, as herein- before' directed ; or within such further time as the Court or one of the Judges may allow, 41. When a Petition is withdrawn under the provisions of the fifty-ninth section of the Act, notice in writing of such withdrawal, signed by the Petitioner, addressed tn the Clerk of the Election Court, shall be filed in the Office of the said Clerk. The notice shall be entitled in the cause, and shall briertv slate the facts which authorize the withdrawal of the Petition. Ol'" THK I'ROVINCK OK NKW UltlNSWRK. 79 T 42. Tests shall be taxed b^- the Clerk of the Court, or by his Deputy specially appointed, upon the Rule of Court or Judge's Order by which the co:.ts an; payable ; and costs when taxed may be recovered by attacbinent or execution issued upf)n the Rule of Court ordering them to be paid. If p lyable by order of a Judge, then by making such order a Rule of Court in the ordinary way, and issuing an attachment or execution upon such rule against the person by whom the costs are ordered to be paid,