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ALtEN, Esciuiiu:, fredeJricton: PBINTEB/BY JAME8 P. A. PHILUPft. 18 4 7. i -^ tisis^s^-^^ \ W,l Av*-' n ■*>A ■h. J i T^- / i VV- - / t^ --<;^ / i ;sc ■*■'.., >liv ^: . A 4.-. u^ #' ^f-' .^^fVfSg;'-* ►*i :!an: ^teSiriSIf-a^ • *>':**^ipjiJ«H|i!l«IW'l"'ilW'«'l"» *"*« «i«"'"'^ ■ ■•/• / >.. P R E K A C E . Thk object of the roUowing pages is to embrace the fl^les o^ all the Courts, and the Acts of Assembly relating to Practice in the Supreme Court and Con^mon Pleas, in one compact and portable volui^e. The cases decided in the Province up to the present time, ' upoB , questions of practice, are stated in the Notes j and /reference is also made to some of the recent English decisioqg, .; ^l^ich are not found in the 36oks of- Practice : a more extensive referencie to /the latter, would have increased the expenxie of tb9 -work beyond what I considered myself warranted in doing. <# Ii|vi|^ had the privilege of access to the valuable Manuscnpt Cases 'of His Hbnor the Chief Ju|trce, I 'am enabled to refer to many important, cases' decided irt-the Supreme Court of this Province between the years 1825 an# 1833, and which are not elsewhere reported. % i • I cannot flatter mySelf that the reiiiarks I have occasionally made, upon what appeared to me, ^o be conflicting" rules pf \ practice, are, in every instance, correci ; but, I trust, with all iits fplts, that the work will*'be found useful, especially to the judidr members of the Profession. IPrkdericton, March,* 1847 J. C. A. ,\l * ^ f \ r y 1' ^ : " ■? .,., . > M ^^BB^:i^ ■ \ T M ^i^^'»*;--,?S--1 •i f.i > ■;t X 'x* &i-' W»-?'!^yw^^i' CONTENTS. */ , :■ StcTioN I.— Rulea of the Supreme Court, - - - Pam 1. II.— Statutca relating to PraAfbo in the Supreme' Court, - M III.— Statutes relating; to Practice iA the Common Pleat, 99 IV.— Rules of the Court of Chancery, - - - 109 .- v.— Rulpe of the Surrogate Courts, • ^^ . - uji VI.— Orders relating to Bankruptcy, - - -147 Vn.— Rules of the Court of Governor and Council, - W >o AppKifBix I.— Fees in the Supreme Court, - - II. — Pees in the Supreme Court in Summary Actions, III. — Fees on Review from Justices' Courts, IV.— Pees in the Court of Common PIsm,*^ v.— Fees in the Court of Common, Pleas in*Summary ■Actions, - . - Vl.— Fees in the Court c^jdhancery^ VII.— Fees in the Surroifftte Court, yill.— Fees in Bankru|^cy, - - IX. — Fees in the^Eoturt of Governor and Council, "HBitaATA and Addkivda, - - - . .Ii*»x, . . . V. .", , ■ , , ■ . .,.: Paob i. vii. ix. X. xia xiv. xviii. zzi. xxii. xzy. ' snril ■.* \ \ i- -; "'"^yr- '\fier- -A . a. [f \ y 1 . f ■ •* « i.'-, - * ■ \ " ■ ■, '■ f . , /~\-v,: -^-^ ■■ - ' ••■'■ \'-' It'.-. .J * . . \ p-'-'^-- ■ ^F* . -V -, .^^ .^, r.rr.i-^i^t^fjT. ...'^L^twi.'*.;:^/ .:.'. ',^r..^sm^ ■ "^ •■W!*fi«»«P!IH»^'^fKW»« \ CHIEF J USTICES ANII Duriox the period cooipriifd in tliii Volume. '/ t'lllEI'' JUSTICEB. GcoHOE Duncan LuDL.ow, appointed November 25th, 1784; die4^ November l.')th,-180H. Jonathan Dliss, app. Juno 28th, I80d; died October 1st, 1622. John Saunders, n|)p. October I9th, f822 ; died May 24th, 1834. Ward Chii'Man, app. September 29lh, 1834. ' J.UUOES. y James Putnam, appointed Novertiber 25l|i', 1784 ; died, 1789. Isaac Allen, appointed November 26th, 1784; died October 12th, 1806. / -^ . Joshua Upham, appointed Noyei^ber 25th, 1784 ; died 1808. John Saunders, appointed October 20th, 1790 ; Chief Justice, ■ 1822. . '. <^\^,Edward Winslow, appointed July 2d, 1807; died July, 1815. ', • Ward ChipMan, Sen., appointed June 28th, 1809 ; died February ^ : 9th, 1824. , . o%(fHN MuRB|J||PLiss, appointed July 9th, 1816 ; died August ,,Edward J. Jarvi^, (tertiporary appointment from October, 1822, ^r' to April, 1823.) William BotsforD; appointed April 2d, 1823 ; resigned December, 1845. Ward Chipman, appointed March 17th, 1825; Chief Justice, 183C James Carter, appointed July 12tb, 1834. Robert Parker, appointed October 6th, 1834. -^' George FREDEBtCK Street, appointed December 20thr 1845. ■ . ; T^ *■■■'':'■■' The Court sat for the first ti^e, on the first Tqesday in February, 1785, being Hilarjr Term, 25th George III. ^ _^ ^ 0^'CLA , ruj yu'c't/XT^ «.A-s«w^— --nisa>,'-»--,» '- f. »». i1 111 ^! ,1 Pt "i If « <«^^ ^ -^ /^ ■V • I Ki: --/^> ■,^_'4t..-' ~t — . •'VW'V^''~'-»"'^^''' I • .# ■/ SKCnoN I. » GENERAL RULES OF THE -SUPREME COURT. EASTER TEUM. iarit UEQ. Ill— 1785. » Records and IVritk. 1st. (t is i)rderetl, that all the Processes, Records, Rolls, *ahd Judgments of this Court, be made on pnrchtnent, ne|prding to the usago of the Court of King's Bench in England, (rt)^ " ( 2d. That the Bill-issuod out of the Court of King's Bondb. in England, commonly called the Bill of Middlesex, bo the firSt process ad Rapondcndum, where it is to bo executed by the Sheriff of the County where the Court sits ; aqd that the first process, going into other Counties, shall be a connnon Capias, (b) in form pf the alias or.\ Latitat, leaving dut the words " as before we" have commanded you," except whore it is actually the Alias Capias ; the recital of , the issuing and returniifg-u Bill being now supposed unnecessary. .V. Sheriffs. 3d. That the Sheriffs indorse their returns (d).on all Processes de- livered to themi)y the day of their returns respectively, (rf) and deliver * , 1 , i>take in the indorRementora Writ by the BheriiT, aa tg the time he reoeired it, may be amended on application to'thc Court; but |>aroi evidence in not u'luiiHiiible on a trial to ■hew that tlie indorsement was a mistukc.' — Johmton v. Wnulorw, Bert. K. 68. So where an execution waa.returnee (p the Clerk of the 9ourt;^and shall pay to the Clerk 4ns own fees, as well as those ,pf the Judges and Crier, in such actions. (A) ...■,' *^ , . Special Bail. , j 5th. That there be allowed ttventy days (i) to all Defendants to put in Special Bail; and the like number^ to all Plaintiffs^ to except against such Bail, from the time of duelnotice of Bail put in. 6th, That all Attornies filellTetr-^clarations on or ^before the last day of the Term next ensuing thei'eturn and filing the Writ, or be nhn prossed. (Jc) - , . ' ■- — : -4 ''^' /' ■ - ^ \ . ^ ^" '^™" ^' ®^8S^' Chipinan's MS. 114, it wan held that a Shofifr coining to Frederictoii ' in Ternr wag privileged frgin ttnest, and that it would be intendedTliis coming was oo Uje bu- Biness of tlic Courts, withoM enquiring into the particular cause. This pokt of the Rule, is • now never acted upon in firactice. . -X' (/) The Act, ■OVict., c. 26, 8. 4, rcquiren that where the Sheriff resides out of the Sbiro ' , TQ.WU of the Countv, he ehall not only keep a Deputy Sheriff resident in the Shii^.Town, but also an office, aa p^ar as conveniently may be to-the Cpurt Hausc, which oflice is to be kept open for the trtm^action of business at all rejisonablc times. SeeSilso 6 W. 4, c. 1, s. 10, re- gulating the appointment of Deputy SlieriBs. ' / (g) By Rifle 2, Hilary T., 7 W. 4, the time for filing the Docket is extended to 80 day* after the lost return day of the Term. ,-«-^-Jpi. ^_^ _ ' • (A) S&i alfo Rule of Hilary T., 50 Geo. 9i and Rufe 2, Hilary T'., 60 Geo. 8, to the aame effect/ ' , J The time forputting in Bail is e?{tended to 30 days bV Rule Mich. T. 59 Geo. 8. See aW) Rules of Hilary T»WS W. 4, and Mich. T.^ 5 W. 4. The same tim« is allowed l£r put- log in Bail in summary actions, by the Act 1 Vict.Vc. 18, e, 2. - / (i) See Rule 5, HilaryT.,6W.4., requiring demand of declaration, &c., )Odkya bifon aini- ing; Judgment. If two Writs for the same cause of action are simultaneously issued to diflerettt Counties, on both of which the Defendant is arrested and enters bail, and is afterwards itafonned that there is but one cause of action, and only one declaration is filed, he cannot Bign Jocfamentof non-pros on the other. He should anply to the Court for relief.— Johnston v. A'OM^^.Bert. K. 78. A- judgment of non-pros will not be set aside for imgularity on a summary modem, where there has been unreasonable delay in maklntf .the application. Leddm v. Somnft .Kerrj 826. A delay often months, not satisfactori^ accounted for, after knowledge M Hw ' j u BgM m u t , l u too ^wnrt?— ikwc fajfn v. 3 f w n' B yr lfaid '384;' • — — ^— . ■'■ '■ ' i. Mthi^^^^is v-ia^^ J^A»jk;^ .■fisSafei ■^^f^^^T^P^ >^»r«'"''' ided to 80 dayi >• 8, to the rame Jt> 3 Rulcn to Plead. \ 7th. ^'Iiat all Defendants have twenty (/) days to plead from the day of the notice in- writing dcli/cred of the filing such Declaration, except whore the Defendant is returned in custody; in whicb case the Defendant shall have twenty 4iays to plead, from the /hnie of serving a copy of the Declaration, and of the rule to pledd, to be served on thfrxSheriff or DeTendant. (m) Interlocutory Judgment. 8th. That on fihng a Declaration .in any action, the Plaintiff be entitled to Judgment, if the Defendant doth not plead in twenty days after notice of Declaration being filed in the Clerk's Qjffice, (n) the Rule to j^ead being first entered ; and if the Defendant hath not entered ftis appeafange in such action, the Plaintiff may file a com- mon appearance, a(^nter an Interlocutory Judgment (o) for want of a Plea as of the preceding term, without any imparlance, and pro- ceed to a Writ of Inquiry (p) as if the same Interlocutory Judgment had been rendered and entered the same precStfin^/'Terlh ; and the hke proceeding io entry of Judgment and executing Writ of Inquiry, where ai Defendant in custody neglects to plead, pursuant to a rule served on himself, or the Sheriff as aforesaid, (q) e . .SSejirffar, 2 Kerr, /.nl'^ T!'® ^*y "^ service is to Iw computed one of the twenty dayg, — Clowet ^ 627. But see post note to Rule 10. iS. i ' . . - fm) See post Rules of Hilary T., 1 Vict., for tlie mode^f proceeding against prisoners. (») It is not usual in practice to serve this nQticc.^)4n*t(m v. ComwdU, 1 Kens 197 And see post Rule of Easter T. 26 Geo. 3. . "i^ *»*. Anq anSlffiJaSy^^ic^L'^fid ^ 0») A judgment by default admits the validity of the contract stated in the Declaration • there- toipe where in an action of covenant a deed was declared ou purporting to be executed lit Bir- mingham. It wMheld that it was correctly admitted to be read in evidence by die Sheriff on the execution of a Writ of Inquiry, though it was not stamned.— i/^/w* v. McMiuter. ChiD. MS. 4. But in an action on the common counts, the Defendant, on the execution of a Wnt of iBf^iry, may diewUiat he contracted merely as the agent of a third person.— Fa/fa v ««r,5«*,-iM.ch. T^1846. «rot yet reported./ If tl.e jSry give no verdicT^ap^" a Writ of tel' "iv^^^^Y'd may 1^ issued and damages assessed, without leave it Uie Court.- K J; NU^'^ .k" Va ^'""^ ? ^"* ""."luiry is ordere v. Strmaih, TOrt. K. 57. If, when the writ is to be executed before a Judge, the damages are assessed ^.J^'VT^r^^ Jj:y *S ""•if" "^ "^ »««'«««• •♦ « «uffieient._T&«. v. Oa^ Sr ^.1^"^ '"^ {^"^ H ^'^^ ''••=• 2»' ^ Court « authorized to assess Damages in aU i- C^^LaJT' "^^ *^*" '" i"^«^ ^ 'Jef'»»'t= th" power is extendedto actions on of dStT.^«^ "/"' ^ ?T^"i "f ™°n«y..»V the Act TCeo. 4, c. 4; and to aU actions aVT? w I i**""* ^. where judgment is given on demurrer, by 7 W. 4, c. 14, «. 6. The ^ich. T.' fl W. a' *' ^^^' """^ P°*'" *" " ^"^^ '" ^c"^""- Bee alio port Ridji 7, (?) For the mode of proceeding against prisoners, see post Ruks of Hilary T.", 1 Jftttfl ' mf \ • I. f-, * T't^^l : -ju :i^: ri n f t Appcaramx. lOtli. That where an Allorney a|)peai-s (r) for the Defendant/a copy \i( the Declairation,- wilh notice of the Rule to plead, shall be served Oil him, he pAyina^for such copy at the rate of Six pence per sheet, a^d on default olfpleading in twenty days. Judgment to be enters - J,' and a Writof Inrfuiry may be executed as aforesaid; a. Plea being fit^Kdemanded after the said twenty days. (*) ^ Service of Notices. 11th. Tlial all notices to be served on Defendants, or the Attor- nies of eitheV party, shall be deemed well served if left at the dwel- ling house, OT last, or most usual place of his or their lodgings, (t) ii- ^ U ■ , ■ — (r) Notice of Sprrial Bail, signed" Attorney (or the Defendant," is a sufficient appearance, without adding express words of appearance ; nor is it necessary that a warrant of Attorney, /or inemorandmn of it, should be filed in the Clerk's oacc— Homing v. Shaw, Chip. MS. 48. In Stephen on PI. 27, it is said that, in liailabic actions, ap|iearance may be considered !18 effected by giving Bail. And in non-bailable actions notice of appeitrance to the Plaintiff'i Atlorney does not seem to lie necessary. — Sec 1 Arch. Pr. 335 — 1 Sell. Pr. 98. ^ (-') The Defe(|dant has twenty days to plead, from the time the declaration is filed in the \^'^5h.'.1.?.'!'.5?.> n.'}'' >'!?Mg)'. iiJ^WJ roaj! IiaYcJjcra.Rcrycd; . upon. hiinliefore. . ihe.dBclaration. was 'Jiled, it iiemanif 6rp1c:i(M)R>rc twenty jlays fronj the time of filing have expired, is irregular. — Pasamore v Turner, Chip. JIS. 46. On the other hand, the Defendant has twenty days to plead from the time of service of a copy of the declaration ; and a demand of plea cannot be made before the expiration of such twenty days, though the rule to plead entered at the time of filing the declaration may have looner expired. — Fawcrtt v. Nethery, 2 Kerr 81. The day of serving a copy of declaration is to be computed one of the twenty days allowed for pleading; therefore where the copy was served on the 9th January, a demand of plea on the 29th was held regular.— C/oM)cs v. ScouUar, Ibid 628. This case was decided upon the authority of ^j; v. Adderley, Doug. 463, Castle, v. Burditt, 3 T. R. 623 and Glassington \. Rawlins, 8 East 407, tlie two former of these are expressly over-nded in Young v. Higgon, 6. M. & W. 49, and as Glassington v. Rawlins rests upon the authority of Rex v. Adderley, it follow^ that the doctrine there expressed cannot now be ^pportcd^ The rule laid down for computing time in Young V. Higgon is, that where time from a particular |)eriod is allowed to a party to do an act, the first day is to be reckoned exclusively. Now it is to be remarked that there is a ma- terial difference Ixstwecn the language of the seventh and tenth rules Easter T. 25 Geo. 8, the former allowing twenty days to plead /nim the day of notice of filing the d^claratfon; the latter ■authorising judgment to be entered on default of pleading in twenty days. It seems clear un*" , der the authority of Young v. Higgon, that in construing the seventh rule, the day of serving the notice should be excluded, but as different words arc used in the tenth rule, ifis but rea- sonable to conclude that it was inlended to have, and is subject to a different interpretaition, and that the day of serving the declaration is to be included in the computation. It is there- fore submitted; that as the case of Clmves v. Smullar came under the tenth rule, not withstahd- ii^ the cases cited ia support of it have been over-ruled, the demand of plea was not too soon. As to the demand of plea where the respective Attornics reside in different counties, see post. Rule 1. Trinity T. 5 Vict. Where a Defendant has appcared^n{l pleaded, it is usual to serve a' copy of the plea on Plaintiff's Attorney, but before the rule of Hilary T. 6 Vict, this was not necessary, and an Interlocutory Judgment signed after a demand of plea duly made, where the Defendant had filed the general issue but neglected tdgive a copy ofit to the Plaintjff*8 A^ torney, was set aside as irregular. — Lockuood v. Brown, 2 Kerr 82. (0 Wfiere the Plaintifl^s Attorney had left the Province, puttingu copy of a notice imder his office door, and leaving one at the house where he had last lodged, was considered a sufficient service.— TVftcftoc* v. Alden. 2 Kerr 172. Scrvicp (* a notice or rnk upon ■» An- u pon an AttrfrnevTi Moulton T. Diimte, clerk, inusi be ihade at the office or dwelling house of the Attorney.— Bert. R. 128, Califfv. Robertson, Ibid 342, .5 15tl/. That all notices be scmvciI on' llif Attrtrnics^for ilio parlies, except notices of exception to Hail, wliicli may be served on tb«; Defendant or his Attorney, or on the person who serves llie notice pfBail, ' " . \ IC^lLARY TERM, 26rH GEO. 111,-1786. ^peeial Bail. Ordered, Tliat in alLJ^rocess where an Affidavit is made and filedof the cause of Action^ (m) the Sheriffs of the different Counties, at the time? of taking the jBai| Bond, shall serve the sureties therein with a copy of such prbcess, subscribed with the followinrr notice • " Take notice, that unless Special Bail is put in above by the Defendant in this cause withiti twenty (v) days after the return of this Process, the condition of the Bail Bond you have entered into will be forfeited ;" and upon affidavft mfde and filed, together with a re- turn of the Process bj the Sheriff; of the service of such copies as foresaid, the Declaration may Be filed De Bene Esse, at the return of the Process, with notice to plead in twenty days ; (w) and if De^ fendant puts in Special Bail, and doth not plead within time, Judcr- ment may be signed: provided such Declaration be filed in the «s„lli^^n "* ^' *?"°\^* ^" ^^' "? P*"^?"" '* ** ^ arrested on any Process issued out of the Supreme Court, unless the cause of action amounts to £10. Section two nrovidM *hn» »- affidavit of the cause of action shall t« made and filed, and the amoum hdor^sed on thS^^ otherwise the Defendant .s not to l« arrested. ItiJ^kcrar v. Bakn, at Chambers, ChS MS 12, an order for Im.1 was made on anaffidavit swoi^Vore a Judg^ of Gaspe^in Lower Cal nada w.th a certificate of two Justices of tlie Peace, -y^tifyinghis Sand-wriXR and cSinJ that he was a Judge of that Province, and thattio ISPlanr Pullic resided in thit district • an! !If?J"T*?'''''i!' '^f'\ '\*'"' Pl-o^in^*'.. 'hat h^ waf k Ji^ge. But it seem" Zt Z£a^ AX1^£mX:'iX^'Si^€^^^^^ '"'^'' " *^" Proving,. «:"^H! m^^Sntt'Sie^'X^? J^cJ^c^^Jll^rS: ''■ '''^'" '' '^ ^ ''- '' -"-«> '» — fh^n V^/^ .".."•" •n^"«!f,'e<«cy between this role and tliat of Mich. tT» Qeo. 8. which*aIlow« of th^wHr „"n^*'l!,"r W" ""L*" '^ '• ■.?"^P««' *•"» declaration sliould be filed « the S^ ?Lf 7 .'.K'"^^"'*Hl»»t •* P"t '" till after the expiration of the twuty days. wouW the Defendant then have a Tight to plead? Until bail is put in. the PJaiDtiffES^d S !£ actionjnor can he take an assignment of the bail boid till the thTrty d.y*Srre^Sd he! S ^^r "^ *':fT* "° ^'^^ ' >' *•'«'" '^ Defendant has aMM^fS^in oESliri. ^t.tniL'"^'^''^ tenth rule of Easter T. 26 Geo. 8 rt^uiresXtaxo^ "f dwdedS! FawcMy. NeOny, 2 Kerr 81. It is submitted therefore thatr this rufe ^Bfatto he !»W m connexion with the rule of Easter T. before alluded to, andtakin? ^JtSLx^^Z Mnstriiction is that on puttinir in bail within thirtv A J. t.^^CL.!!T.^.^ }^^'^ lendant ia entitled to receive uta ■ " construction is that on putti,^ in b^ifwiSrn Thrr;rdi?8°from"u,;iet^^^^^ ^X'bS! »wm\.\mm*.j nmm^mj ^ni VUUUVI, Mi; lvt|UlfVU 111 UIT efendant is al IS, 8. 2. Miirty days from the return of the writ, to put inlail and pliuui.— 1 Viet. ^/ ;l V r Clerk's Oflico with nolico thereon within twenty \x) days after the re- turn of the Process. . / . EAIsTER term, 26ui GEO. III.— 178fi. Declaration D^ Penc Esse. It/ is Ordered, That upon 'all Process where no Aflidavit is made or filed of the cause of action, the ^Plaintiff may-file or de- live/ the Declaration De Bene Esse at the return of such Process, with notice to plead in twenty days; and if Defendant doth not enter an appearance or file common Bail, and plead within the said twfenty days, Plaintiff having first filed common Bail (y) for Defendant, miy sign Judgment (z) for wan* of a Plea, provided that such Deela- ra/tion be delivered or filed in the Clerk's Office /With notice thereop) NVithin twenty (a) days after the return of such Pro^E^s, and a ryle tb )lead be duly entered, t TRINITY TERM, 26th GEO. III. — 1786. Assessment of Damages. t I Ordered, That in causes where Interlocutory Judgments have beeji signed, and thelcauses of action appear to be upon complicated accounts, the same shall be referred to a Jury of Inquiry, (6) and (x) By rule 2, Hilary T., 7 yjf. 4., thcrlaintiff is allowed thjrty days after the last return day of the term to file the writ and enter the rule and return; it ifould seem that this is an im- :hjrty plied cxt^sion of the time of filing' the declaration. (y) In Johnson \. Conpvall, 1 Kerr 197, it was held that an Ijjiterlocutory Judgment signed before common bail filed, was only an irrcgidarity which might be waived: therpthe Defendant's Attorney had given notice that he had appeared and filed common.^il. — Datiit v. Hughes, 7 T. R. 206, and Willitmr-v. Strahan, 1 N. R. 309, are to the same effect. But in RoberU v. Spurr, S Dowl. 651, it was held that a judgment signed without any appearaitce was a nullity, because without it, there is no person before the Court against whom a jiidgment could be s^rned, and perhaps, because the Uniformity of Process, Act requires the appearance to be in a prescribed form; for generally where a proceeding is expressly directed to be taken by a statute, its omis- sion renders the proceedings null. Thus utYiingiey v. Huestix, i Kerr 4, a plea in a summary action pleaded after the expiration of thirty days from the return of the writ was held to be a nullity, see also Mortimer v. Pigolt, 2 Dowl. 616, and the Act 26 Geo. 3, c. 26, s. 1, autho- rising the Plaintiff to file common bail for defendant. . ' («) A judgment by de&ult obtained upon a mutilated paper is bad ; thus, in McLoon v.- Xow- «U, Chip. MS. 18, the parties had referred certain differences to arbitration giving mutual notes to each other, which were intended to hold to abide the eve^it of die award. An aw^ for a small sum was made in favor of the Plaintiff, and indqirsed on his note; the lower part of the paper containing a statement of the reference, and a part of the indorsement was torn off; the judgment was set aside as fraudulent. Applications to set aside proceedings for irregu- larity must be made within a reasonable time after the irregularity took place. — O^Regan, v. Berrymottnt, 1 Kent 167. If the irregularity occurs in vacation, and there is time during the course of that vacation to apply to a Judge at Chambers, it is the duty of thenar^ compl^ning to do BO, if by delaying ^t o move ti ll the n ext T erm, he i s likely to change the situation of the. rpany.- r2 Dowl. 47, Ifi}lmes r. Em»rlt,'^DtmtntS8;: (a) Extended to thirty days by rule 2,.Mich. T., 6 Geo. 4. Xl>)8^ AftTS, W. 4, c. 37, s. 9, also note (p) ante page 3. I I y '■^v.- ■ , ?., \ ■ V> ■":,■ '7^ ■ Juf^nnent shall be considered lo bk entered as\bl' tlie precedent Term. ... . ^ \ ■ "^ I MICIIAliLMAS TERM, 31st aEOV II I . — 1791 . Agents. •f- ■ \ •* Ordehicu By THE Court, That all Attoniies practising in this .Court, \vhd are non-residentSTof Fredericton, or the CW of Saint John, do appoint an Agent at one or other of the said peaces, and give notice to the Clerk or his Deputy of the name of sildi Agent, and at which of said places he resides ; which notice shall D)ei put up in the Clerk's Office ; and that all notices, served on such Agents, respectively, shall he deemed as proper and legal a service iis if served upon such Attorney, (c) i- .1 ^ MICHAELMAS TERM, 40rH GEO. III. — 1800, Bill of Costs. " * Ordered, That every Attorney of this Court deliver a regular bill of costs to his Client, or to the Client of the adverse Attorney, (d) as the case may be, before he demands the expences of the suit ; and all receipts by Attornies from their Clients, without this pre- vious step, will be considered as a breach of this Rule. ■■■v-v. .,. ih^AIlY TERM, 45th GEO. III. — 1 Blank Writs. 805. It IS Ordered, That the Clerk of this Court be in future au- thorizecf to deliver blank Writs, signed and sealed, to thet several and respective Attornies of this Court, to be by them filled up as occasion may require ; they accounting to the said Clerk therefor, and forth- with forwairding to him proper Praecipes for such of th^rsaid Writs as they may from time to time fill up and issue, in the same manner as is practised by the Filacers iii England, (e) (c) This rule is never acted on in practice^ and may be consideivd obsolete. "* (<0 In allwe« between opposing pArties, that is, where the proceeding are not by default, there must be notice of the taxfition of coste; and a judgment signisd, without such notice, will be set aside.-J»ftc»«« T. Long, Chip. MS. 66. Turnery. Crane, Ibid 468. Conwe*T. WiUan, t a IVBIT JlO. V • («) See further Rules of Hilary T., 50 Geo. 3, and Mich. T., 6 Geo. 4, post. ^*L J*.' y J 1 . 1 1! r'^ \ 111 LAKY TKilM, 501 ii (J liO . 1 1 1 — l« 10 .' ' ■■-■ Judgment Holts, tVrits and Dockets. It is^BDEREtt, That tho Rolls of all JudgmeiUs entered at tlic several Tcr^s, be brovnijht in and 6ied (/) on or before tho first day of the Term next^ter the Term in which they shall b^ respectively entered. n. • That in all case^ \yhere blank Writs shall be fillpd up by the Attoroies, tire Praecipes imd Affidavits for Bail, in cases of Bailable process, be transmitted to tile Clerk's Office by the very first oppolr- tunity, after issuintf the Process ^ (g) and that no Attorney do, on any account, suffer anV blank Writ to go out of his hands 4o be filled up and issued by anjLother than an Attorney of thisVCourt — and' that no Rule to plead/or other proceeding in the cause be fi&d, unless the Pracipe and thd 'Affidavit, in cases where an Affidavit is made, be 4^1y filed. ^hat allJudgment Rolls be engrossed upon Parchment in a fair legilHe hand, with a margin of not lees than an inch in breadth, and a sufficient space at the top for binding up the same, and at the bot- -tbm for numbering the Roll ; and that no Roll bo received or filed , by the Clerk that is noftnade up in the manj^ler herein directed. That no Processes be signed or filed by the Clerk which are not engrossed uport Parchment agreeably to thfa former Rule (A) of this Court in that behalf made. / That the Rule respecting the filing of Dockets and payment of.V Fees be strictly enforced, and that the Clerk report to the Court any delinquency in this respect without del^y. '^R EASTER TERM, 50th GEO. 111. — 1810. Replevin. _ 1st. It is Ordered, That the Writ of Replevin, (i) under the Act ^^^^ssembly, 50 Geo. 3d> c. 21, be in the form following, viz:^ , -■ ■ "" .''x — ■ — ' ^^•'^ — — ■ '" ' ■ ^^' - > \ "X (/) Wheren judgment roll has beeniost or mislaid, the Court will not allow a new record to be made up and nlcNi nutic pro tunc uuless it satiBfoctorily appears tliat the former one was once actually in ib^ Clerk's office.— SAetWen v. Smtih, Chip. MS. 51. M It has been laid at Chambers that this part of the rule is only directory, an4 that a 1^- fendairiTis not entitM to be discharged out of custody on filing common bMl, because the affi- dj^Mo bold to bail faA? not been filed in the Clerk's office before the writ is returned and filed. " 1, iaflterT.^v Oe u. 8. „ t Ruks of Midi. T., 4 Vict., for the form of RepleTiD Bonds and PoatOM wtere ids and Poat«M wlwre 9 7- "George the Third, by the Grace of God, of the United King- [i^. 8.) dom of Great Britain and Ireland, King, Defender of the Faith) &c* &c. &tc. 1 To the Sheriff of Gftt: BTINO. " We command you if A. B. shall make you secure of prosecuting his complaint, and also of returning the Goods and Chattels, to wit : ^ which C. D; hath taken and unjustly detained as"^t is alleged, if a return thereof shall be adjudged, that then the Goods and Chattels aforesaid, to him, the said A. B. with- out delay you cause to be replevied and delivered ; and put by V sureties and safe pledges^ the aforesaid C. D., that he be before us _ at Fredericton on th« Tuesday in next, to answer to the said A. B. of a Plea, wherelore he took the said Goods apd Chattels of the said A. B., and them unjustly detained agaifist gages and pledges, as he saith, and have there then the names of the > pledges and this Writ. Witness .at Fredericton, the day of in the year of our Reign." And if the Defendant shall npt appear at the return of such Writ, or within twenty days after the return thereof, then the Plaintiff shall be at liberty to issue a Process - against such Defendant, returnable at the next ensuing Term, in the ibi lowing form, viz : — " George the Third, by the Grace of God, of the United ^Cing- (l. s.) dom of Great Britain and Ireland, JKing, Defender of the Faith, &c. &CC. &;c. Tcr the Sheriff of Grbeting. • " We command you that you take C. I)., if he shall be found 4« your Bailiwick, and him safely keep> so that yo\i may have his body before us, at Fredericton, on the Tuesday in next, to answer A. B. of a Plea, wherefore he took the Goods and Chattels of the said A. B., and them unjustly detained against gages and pledges, as he saith, and have you there then this Writ. Witness at Fredericton, the day of in the yeu of our Reign." And shall serve such Defendant personally with a copy of su<^ Pro- cess, upon which copy shall be written An English notice to stich Defendant, of the intent and meaning of such service ; which notice shall be in the form used in the service of Processes^n "actions in which no affidavit shall be made and filed, of the^ cause of action ; and if such Defendant shall not appear at the return of such process, ' or within twenty days after such return, the Plaintiff dhall be at liberty, upon the usual Affidavit being made and filed of the personal service of such Process, to enter a common appearance, or file com- mon Rail for a i inh nftfand a nt, and to proftnaH thftfann aa if such De*' [_— fendant had entered his or her appeariVQce or filed common bail. ■ * 11 X' -v. T«j>->-»ij«;:-Kjpj-« m j-.,..t<*«fcjitiji|fri'fci*_ 1 r.^ A St ■ I 2d. And it is further Ordered, That in all cases in which tho Sheriff shall be a party, the foregoing Processes shall be directed to tl^e Coroner, as in other cases in which the Sheriff is a party. HILARY TERM, 69TII (iEO. 111—1819. ' 1 ;" ,. Writs of Assistance. It is Ordered, That the Writs of assistance to the Officers of His Majesty's Cus^ms in this Province, do issue out of this Court, from time to time, according to the practice of the Exchequer in England. "^ \ MICHAELMAS TERM, 69th GEO. ' Special Bail, r III. — 1819. (: OabERED, That th^'titiii for putting in Special Bail, agreeably to tKe rule made in Easter^/I'ertn, in the twenty-fifth year of His present Majesty's fteigOj lie enla^^^ HILARY TERM, 60th GEO. Ill— 1820. J ^ -,;'"• ■ ' ■ ^ ^ *^' Attomieit, ♦ \ Ist. It is Ordered, That inf future, no Attorney of the Cqfurt not being an established resident withiA the Province, be permitted taact as an Attorney of this Court. • \ Dockets and Fees. 2d. Whereas, by a standing Rule of this Court^ made and enter- ed of Easter Term, in the twenty-fifth year of His Majesty's Reign, it is Ordered, "That every Attorney of this Court enter the, return and file the Writs or Process in all actions which have not been agreed, and in which they intend to proceed, and shair make a Docl^cet of all such Returns and Rules, and on the lairt day of the Term shall deliver the same, with the Writs and Processes in such actions to the Clerk of the Court, and shall pay to the Clerk of the Court his own fees, ar\i[jgtl^rtlKwe of the Judges imJ^Cri» in s uifr^ actions;;" andl whereas, notwithstanding the r^ated orders of.thb . <4 . ^- • jfiiJM^^ ■r-. u V . Court, crtjoininj^ a strict and punctual compliance with ihb said Rule, the same has been in various instances violated and neglected : It is lierohy Ordei-ed, that in future, if any Attorney of this Court gjiall neglect a compliance with the said Rule, in every respect, Weeable to the true intent and meaning thorfeof, on or before the firsV day of the Term next after the Term in y^rhich such Rule ought to have been com phed with, every sugh Attorney shall bo considered as in contpmpt of the Court, on account ojf such neglect of, and disobe- dience to the said Rule. And the Clerk of this Court is horebV on- joined i^ot to receive or fdo from, or for, any suoli Attorney, at\any time afterwards, any Writ, ProBcipe/ Process-, or- any other papeA or -proceedings whatever, of a date subsequent to the Term in whiph such Rule ought to have been complied with, until such contempt shall have been pilrge^ by a compliance with the said Rule. Anil the Clerk is further enjoined, on the second day of the T^erm nexl after the Term in which the said Rule ought to have been complied \ with, to prepare, and deliver to the Court, the dame or names of all such Attornies as shall be so in contempt as afpresaid. / J-SJ. orders of this HILARY TERM, 2d QE9. IV. — 1821. •^_ Calculating Interest. Interest upon Bonds, Debts, and other Securities for money, pay- able with Interest, should be ascertained by addihg the Interest to the Principal at the lime of eiaich payment, and deducting the pay- ment, which is the same thing as nirst deducting th$ Interest from the payment, and then giving credit for the balance on accouot of principal ; and not by charging the Interest upon the whole Bond tb the time of the last payment, and Interest for the Debtor on the several payments from their respective dates, thereby inverting the principle of com (Jbund Interest, and charging Interest on his own debts, when a payment is made of less than the Interest due at the time. No- thing should be credited until a sum is paid equal toy the Interest then due, except by endorsing it specially as a sum pai^ in part of the Interest then due. HILARY TERM, 4tb aEO. IV. — IMS.- Admissum of Attornies anSi Barruttri ■ . . ■• , ■ .^ *ip- I^aw in this Pro n_ Thn t- iflk for the purpc^of^being adlnitted an Attornoy I \ A w~ \ 12 ,>■ /. of this Court, i^all be iw> admitted unions ho shnll have lo ,siiir<40iii, who iiro, or wliu lior©aftef «^U b^wm- liuil in iliii CcMirt for uny Di-fuijilnnl, in iny iiction whiit04r«r, «l»#)l bu iiiiulimilud l»t|f" aAlioii of «Ii»Ih u|H)n tho rucogitixniicu m sunh suit iidknowl«nl«*'y iltiv itpuco ofj^ rctpomlrmiim («r other l*ri»ci'*ts .siu'il out ii^iiinst Much Hail ; luid ii|toii noticMi ihoroof j^n It^tUo lliiinlilf or his Anorriry, in th«) nt^ iifornsai -.y..^, r ■<, .- "^ t ' Ui ''7^"-% -iJ^, ■I' I ,-■■■•• 1 . . .'^.: ■^^■.\^-: :- # . ■ ■■ .J: V 16 I- •■ » . the said Defendant shall pay costs itb the Plaintiff in taxed. («) vJ ^ rat case to he (t- ■ ■ t TRINITY ?y.^RM, 8T/|kGE0. IV4J-1827. llff^rits jofi Error, J _ ' ' i/" ' /"^'' ■• ■ ^ . Tt is Ordered, T^^t hencrff^lih no Writ of Error Coram Nobis shall be allowed but /ij^ open/CoMrt; and then on affidavit of the Error to be assigned. ^ 1 V i:) HILARV term, 9th GEO. IV. 41828. . ytices of Trial and Inquiry. ^m 1. It ^s Ordered, That from henceforth there be at least four- teen days' (w) natibc of trial, and for Writs of Inquiry, in all case^, whether the Defendant lives withiji^ the County where the Court sits or not ; any f^irmer rule of this Court to the contrary notwith- standing.- - I - ; _ (-^ ■' ■ - Notice of Countermand. 2. It is Ordered, That no notice of countermand sh%ll be deemed .sufficient to save the costs for not notice, unless it be given at least intended jrial. , proceeding to trial pursuant to en days before the time of the ■ ' - ' ^^'i — ■ — ' — r — (v) Thes^ costs arc recoverable by Attachment ; but where no conseillrule had been actU'V ally taken oUt, and the Clerk had taxed the costs and indorsed his allocatur thereof upbn the agreement for the consent rule signed by the inspect! ve Atoroies, an attachment for non-pay- ment of these costs was refused.— I>oe v. King, Trinity T., 1846. Neither will an attachment be granted though the consent rule ha^ been taken out and a demand of the costs subsequently , made, unless there bias been a re-taxation of costs under the rule. Ibid Mich. T., 1846. (w) Tke English Statute 14 Geo. 2,|c. 17, s. 4. requires that notice of trial be given at /«u( ten days before the intended trial. Ur^der this statute it has been held that a notice on the dth for a trial on the J9th is sufficient. — Legge v. WUliams, cited in Tidd's Pr., 8th Ed., 816. The later cases however have decided that the words «''ten days, at least," mean ten clear days, thereby excluding both the day of giving the notice and the day of trial or other act to. take place at the expiration of the notice.— .;^nicA v. Empsey,A B. & AU. 522, JRtf. v, Jw tUes of Shropshire, 8 A. & E. 173, Yo\mg v. Higgon, 6 M. & W. 48, MtchM y. Foster 12, A. & E. 472, B. c. 9 Dowl. 527, Reg. y. Justices of Middlesex, 9 Jurist 768, s. c. 14, Law J. N. 8. M. C. 189. The rule adopted iii Legge V. Wiijffaitu,^ has been eenerally acted oqt in this Province, but since the recent decisions it can scarcely be considerea the correct rule. A notice of trial sent to the Defendant's Attorney through the Post office, can only take eflfect from the time it is received.— Crane vl. Tayhr, 2 Kerr 171, Fraaer v. Harding, Ibid 876. There must be a new notice of trial whcjre the cause is made a remanet, or put off by rule of BBTtfUir Cl r c i ilt Igaajou n md.a Uourt ox order ot JNisi t^fius.— /"VMer v new notice of trial of a cause for the adj^rned -f Haramg, IGp^ ' Court is not accessary Vict., c. 2, s. 6. tH' \ Scire Facias. ■ , 3. It is^ further Ordered, That from henceforth all Defend^ts in Scire facias have twenty days to appear from the ' return day of the Scire Facias ; and that, where a Defendant appears in Scire Facias, tliere shall be, the like time for pleading (x) as in other actions in this Court, (y) , ' ' TRINITY TERM, 2i. WILLIAM IV. — 1831. , Demurrer Books, (js) | Whereas expence is often unnecessarily in«iurred in making up Demurrer Books, from setting forth those partd of the pleadings to which the Demurrers do not apply : It is thei-efore Ordered, That from and after the end of this Term, when theife shall be a demurrer to part only of the declaration or other subsequent pleadings, those parts only of the declaration and pleadings to which such demurrer relates shall be copied into the Demurrer Books ; and, if any other parts shall be copied, the Clerk shall not allow the costs thereof cin^ -taxation, either as between party and party, or as bet\yeen^ Attorney and Client. ■ ' . ^■ ■ ^ f\%£ "' HILARY TERM, 2d WILLIAM ,LV^—h832. "^ , ^J. •♦iff' • special Bail. j . . •• ^', . / I. Ix is Ordered, Tljat in all cases, whei-e Bail is put in before a M f 1 t&ominissioner, (a) the Bau-^piece, together wfth the affidavit of the| /^ j ' (x) If the scire facias is in tlie ordinary form, to revive ti i^ra>ei^ where uo execution ha* been issued within a year and a day, the Defendant cannot puad an^ matter of defence «4ii^h might have been pleaded to the original action. — Johtuton v. 7\U^,^Bert. R. 8S5. It was doubted in this case whqther the same rule applies to a scire facias lender the act of Assembly 26 Geo. 8, c. 2i^-rSee MitehtUir. AiUe^ 2 Kerr 86, where relief n^as granted on motion. A scire fiusias to revive a judgment is not necessary, where execution lias be^ issiied within a year, and suspended at the instance of the Defendant, akhpugh the executiomhas not been returned ^nd iiled. — Butt V. Johiuon, Cliip. MS. 166." See also Hiacockt v. nenm, 8 A. & E., 6^. A parol agreement to waive a s^ire facias, is sufficient.— JMbr^an vf. Aurgets, 1 Dowl., N. S. 860. A ea. sa. issued on a ^udgmyit more than a year old, without a scire facias, is irregular, but not|ibBolutely void, and if not set aside, it is a justificeftion to^parties sued in trespass for causing it to be executed. — Bbmchenay v. Burt, 4 Q. B. 707. If a ca. sa. is set aside for ir- regularity, the Plaintiff is not bound to proceed by scire focias or action on the judgment, but nay at oaee take the Dcfisndant again on a fresh ca. sa. — Merehant v. Franku, S Q. B. 1. ' (jr) tbub renaihder of tlds rule is obsolete since the act 2 W. 4, c^ 20, which aboli^s tlie proceecUnc by two nihihs and substitutes a service of the writ. — See a form of the writ post rule 12, Hilary T., 2 rict. .. (X) See also post Hilary .T.;6W. 4,Rule6,— Trinity T<, SVict. Rule 3,— Rules MidK T>. >Vict..nndailMryT.,9Vict. («) iksfe post Rule T, mcB. T., 5 W. 4. ~~~ "~~ "'^ IR 'I M' (luti taking theicdf, 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 transmitted, as well as the Commissioner, before whom the Bail was put in, and the names and additions of the Bail. <* 2. That Plaintiffs shall be allowed twenty days, after service of the notice of Bail, to except against such Bail : and such exception shall be entered with the Judge before whom Bail was put in, or to whom He Bail-piece has been transmitted, as the case may be. 3. 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 days, unless in either case, upon application made before the said twenty da^ys expire, the Court, or a Judge, shall see fit to extend the time. 4. That Bail shall justify in ppen Court, or beforeu^bJudge with whom the exception is entered, notice of justifying^ ,Jw|ig first duly given: and that in all cases, when the Bail refl||^,;^re than ten miles from the place where they are to justify, tfejf ibay justify by affidavit without personal attendance. " 5. 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 hun- . the recdgnizance were set aside on the ground 6f surptise.- lfoyn«» v. CAWmer*, Chip. MS.* S- But if the Plaintiff's proceedings against/ the bail are regtilar, he ha^ a right to go on witb the acUon tiU the costs are paid, and the proceedings will not be stayed except on payment ot costs.-ADuf V. Hunter, 1 Kerr 499. The bail should apply to a Judgfe at Chambers to stay proceediWs and enter an exoneretur on the bail-pieoe, as soon as an actioi » commenced against diem; th§ will then in general only be obliged to pay costs up to the ^me of the application. —Gilbert \ MeLaugUan, ante note (d) Sidlivan ▼. Small, Mich. i port e d.), U imdmLxJ S am i s < utJ^TT 68 2, where the proc eediiig ^ the pHncipal vete defective, not having been entered pursuant to the lail was relieved without paying costs. ' ' \ -■ -■ I to the special con- apuly to be dis- pra. de of rendering De- rulcB of dk6 Court) dl» ■■^■.- # I certiflbate aiut (e)' an aciioii upon the rule of this red knii twenty-, le time of notice jistent with any hcreafter\of no insmit, or to file foregoing Rules, disobedience to him to IcaTc the Pro- iiece, though they may e same cause of action ■ arrcRteti and entered 3 expence* of entering ). Any unreasonable lief ; thus where three Plaintiff to bring the ^. , 52. So, where the given for coeta, since r tlie Plaintiff.— HiHy. the consent of the bail, Gilberts. McLaughlan, to an action on the re- Kerr 125. The bail aro from that stated in the Ladd^ Mich. T., 1846. nods sold; the declara- nt we^n the parties, to- ed io the special con- I ma^ apBly to be dis- , supra. : mode of rendering De-- taJagainst the principal yiChip. MS., 28S, see had induced the bail to flint, proceedings on the uUmert, Chip. MSt, 8. a a right to go on with J except on payment of is at Chambers to stay ^ is commenced against time of the application, t., 1846, (not yet re- 4 in the action afgaiiMt {ndcBofthb Court) difr TRINITY TERM, 5tii WILLIAM IV— liB.1.1. Suinmnri/ Actions, ■ , .. ' ' ^"M. It is Ordered, That the Writ in Summary Actions' (^) shall he on Parchment, according to the usage in this Court in other actions. 2. That in every action which has not been agreed, and in which it is intented to proceed, the Plaintiff's Attorney shall file the Writ, and enter the cause at tlie term in which the Writ is returnable, (h) and shall make a Docket of such causes, and deliver the same to the Clerk, and pay the fees in like manner as in other actions. 3. That in actions to be tried at Nisi Prius, the Writ and Plea (t) shall be delivered from the files of this Court toi the Plaintiff's. Attor- ney, and shall form .the record, and be filed as such, at the (jourt of Nisi Prius. - 4. That the result of trials at Nisi Prius shall be entered^in a brief and summary form, according to the circumstances M each case, and endorsed on the Writ, or annexed thei-eto, in the nature of a Postea, and returned by the Clerk of the Circuits accordingly. 5. That the" Clerk of thii Court shall not, in tinj case, sigilKfinal Judgment, unless the Writ be on file in his oflScO^ and in eWy Memorandum of Judgment,! there shall be reference made to sue Writ so on file. MICHAELMAS TERM, 5th WILLIAM. IV 18^ jSpecial Bail. I. Ordered, That it shall be deemed irregular to put in ^ before a Commissioner, iii any parish or city in the Province, i^hich one or more of the Judges of this Court may reside, udtess _.. times when such Judge or Judges may be absent from their place of residence; and further, thkt always, during the sitting of the Court in Term time, it shall be irregular to j^ in Bail before a Commis' ^ (g) See Act 4 W. 4,c. 41, post Section 2, lit|«." Summary Practice." ^ (A) By mle 2, Hilary T., 7 W. 4,, the PlainUff is aUojrad thirty dayv after the terai to file the wnt, m all cases, and it may be filed afterwards by a Judge's order. If the entry is not nwde m due time the cause wilfbe considered owt of Court.— JftiMwm t. Bm/tridge, t Ken ^sa^ (0 By rule of Mich. T., 2 Vict., a copy of tlie plea may b^ used. ,-i'M / . . .- .. . ^^ ■ / ■ sioner, in the Parish of FiedenCton, in the County of York •, and that no Judge do receive any Bail-piece, transniitted to him, in whichthe Bail r^ay have heen entered contrary to this Rule. \^ j Sheriffs Fees. 2. In order to secure to Sheriffs thp proper emoluments of their offrce, It is Ordered, That, after the first day of Hilary fferm next, no costs for the service or return of any Writ or Process^te taxed ©sallowed in an4 bill of costs, without the prg/Jpction of ^h Writ 6f Process, 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. (A:) •V"^ » .■'■• New Trials. 3. It IS Ordered, That in future, the At^rney for the party intending to move for a new trial, (J) or for seeing aside a verdict, shall cause to hp delivered to the Judge befojjte whom the cause was ( ' (») In addition to this rule it is declared by the Act 6 iJJ. 4, c. I, ■' "• ,*J«1"» P^™ ? except the high .heriflfe, respectively, and ibeir dafpntie» fjMlj charge or be allowed to reOMTe M jwiy fee or reward for the service of any writ orjprocess w/ued from the Supreme iHJurt, orany V '^ofthe Courts ofCommon Pleas, nor •hall any fee for ' ~ be allowed or taxed in any case, unless such service h of his deputies of the county in which the writ or pr^- service of any such writ or proceM »een inade by the sheriff or some one isflhalliiave been served, or by aome service, and that it uuiU be Denion'roeciaiiy autliorisedfby the sheriff \J make tL~ , — . the duty of every Attorney issuinffproces/from any ofthe said Coiirls, to put <>>• f«> into the hands of the sheriff or one ofRw deputiesito be served, unless th«C)seryice is intenM to be entirely gratuitous. Section 12 enacU, tl«l the Attorney or Attormes issmng anylprnt or process wliose nami) or names is or are indorsed on such writ or process, shall in all «»" " Musidered the employer of the sheriff serving any such writ or P«»««?"s«»i»f '"S'^'^rA^ the sheriff for his fcgil fees for serving or executing^ the same, provided that nothing m tW. »ct Xll extend to defeat the Plaintilft liability to the sheriff for the service of any such vmt or orocess. Under this act it has been held that a person serving processes directed to Oie sheriff, but without any authority froin him. camiot maintain any action ^Sl^'XT^lSiT Uie Attorney who employs him.— Hwnngton v. iMgnn, 1 Kerr 109. See al«> JCstw«a|r* v. PArfrm, Ibid 472. ' . , . ,^ ^ „ u . IV\ It is not intended here to state all the particular instances in which the Court has naiit- ed or refused new trials, but merely to endeavour to point out some of the leading principlea by which it is governed in questions of this nature. ^ , ' •«-«. :U— — «.! And 1st. When the Defendant has been milty of negligence, a new trial wiU noti^ general be irranted. Thus where a cause was tried out of its order, in the ^nce of the Deten^t • oCl. in com«quem:e of several cause, standing e Court will order a« many new trialt as it thinks dtodw —^ttabfooluy. Orter, I iCerr 67, ConncU v. Mller, 2 Kerr 11«. * ^^^' MS ' W^T <^' assault and battery, new trials will seldom be gramed for excessive dama- gea.—WiU^t^^?&rn:^^^t siZl Btert "r'm" »«*«^ *«»«•> paints have been reserved at 'Mie trial.-^/VoAertj, v. '^i.^itfpSyi::: ^:;^ ^^ ^:!;:^^' ^ {'«)SeeAct6W. IV.,c. 37. ^ 'V iMicliuelmus Term, ou/Tlic Imnlh Tuesday "m October. Tlie said respedivo Sittings to ^oiitiiiuo for so long n time, as in the opinion of the Judge holding llie sanic, may be necessary for the dispatch of the business depending. a. OiiuKRKii, Thalt the Sheritlbf the County of York dosununon and return Grand Jui-ors and Petit Jurors, to attend at the several Sittings in that Courlty, now appointed or hereafter to be appointed, in like manner as has been heretofore accustomed with regard to the terms of this Court ;| and that hereafter no Jurors be summoned to attend at the Termsl, without special order. * _ v r" -. —^3. It 18 OrderJd, That all general rules ofihis Court, which relate to the enteriijg of causes, the filing of Nisi jPrius Records, (o) ' or other proceeding? at Nisi Pfius, shall apply to, land be in force ,;it,t, the Nisi Prius Sittings in tlie County of York. '' 4. It IS OftDERi'Dr-^at in all acliona, in which the issue is made up and the Venire fadas Juratores is awarded, as of the last return day, that is t6 sa/,^ the second Saturday after the first Tuesday, in , any term, such/WriL ol Fcmre Facias Juratorea maybe awarded, and made ret^rnabhs forthwith. Crown, and iSpectal Paper. 1 5. It is Ordbr^, That the matters contajjjjBd in the Crown Paper and Special Paper, respectively, shall conrfe on to be argued on the second day ( «) in each term, any former nde to the contrary notwithstanding. JVcto TVials. 6. It is ORDEiREir That no mojilbn for a new trial shall be made after the first Saturday in any terni. /' * .<' \ Assessment of Damages, t. J^ IS Ordered, That in all cases, where application shall be made ttf^Judge in vacation aifter judgment by default, to m^ke in* quiry or assessment, itader the Act of Assembly 5 TOliam 4, c. 37, s. 9, there shall be p "Oduced to the Judge a cerlificateN^rineinpran- dum, of the day onj/ which interlocutory judgment wassigned, or judgmrat by defaultfentered, signed by the Clerk of the Pleas or his deputy! and that flo such inquiry or assessment ^lall be made, unless such certificate or memorandum be so,.^pf69uced. M Ht» Hiilf. of H ilary Ti. 7 qeo- 4. ante page 14, and poat nJe J Hilmy T., 6 W^ (p) After the motion paper aad Record trisJ dbcket, aee RbJc 1, Hilary 1., » W. 4, and Trinity T., 9 Vict., post. O al shall be made Hilary T., 6 W. 4. aaryT.,«W. 4,»iW \ 23 . ) Mesne Proce»$. ; H. It is Ordkuku, That every mesne process^ in any action, ^liall contain the names of all the DefendantM, if more than one, ill the action. *.' Sul^na. 9. It is Ordkri:!), That the names of any nuinUet of Witnesses inay be put in one Writ of Subpoena. (7) >• ^ecttnenti -— ' 10. It is Orueruo, That in all actions of ejectment, the notice to appear may be for any retilrn day speci6cally, but wh<^n the notice to appear is for the term generally, the day of appearance shall be the fu-st day of the4eJ'tn. (r) 11. It is Ordered, That in all actions of ejectment, there shall be fourteen days exclusive between the day of serving the declara- tion («) and the day of appearance, whether the person served with (f ) An attachment agiiinst a witneng Tor contempt in nut attending on a lubpa-na, mu8t be moved forut tlie fii-Ht term after the coittemfit wng committed. — Doe v. Mtally, Uert. K. 121. Il'tlio wiUic8i) was incuHtody of the HhcrifTut the time llic «ubpa>na in icrvcd upna does not ob-? jcct to the amount of conduct money, but offers to bear Us q^wn ex|N!nces, he cannot avail him- self of the insufficiency of the amonnt tendered, as an answer to the motion for un attachment. —Gough v. Miller, aupra. It is no excuse tor disobeying a Hiil)iKKiia,'that the witness was in the employ of a maiiumcturer, who had left Mim in charge of the work, directing him not to 4«avc it at any time; and that if lie liad left it, the property would have been damaged. — Ibid. Where the witness attendenteiio« d. Peabody v. Roe, Bert. K. 547. But a service upon any other member of the tepant's fiunily, though upon the J|l«inises, is not sufficient, unless it appears that the declaration came to the tenant's Knowledge.-^i)«ti ''* ^^V' ^' ^"** ^ Kerr 458. Service of a declaration by rettding it in a loud voice, and passing a copy under the door of the dwelling house, the tenant being in the house at the time and refusing to open tlic door or listen to tlie explanation of die service, is sufficient. — Dne d. BeaUy y, Roe, 2 Kerr 189. In ejectment by a landlord for non-payment of rem. under the Art 5 G e orge I I I ., c . 21 . whern h al f a yo a r' s lont i s in a ryn a r , n nH nn niiflirlont - distress found on the premises, tlie affidavit of service of the declaratioii should state the name of the tenant from, whom the rent ii dne.—Dot'd. WhUe v. Roe, Ibid 860. D .-:•■- - -■■ M i 'T3 1 1 i, I. If ^the declaraiion lives wUliiii the County where the Court sits or not, »nV former Rule io the contrary notwithstanding., Awardi and Wurrani$ of Attorney. 12. It It Oaocrkd, That when a rule to sho^ cause is obtained tq set aside an Award or Warrant of Attorney, or a judgment ent^d upon an Award or Warrant of Attorney, the several oUjections, intended to be insisted upon at the lime of making gucfi rule abso- lute, shall be ataled inrthe rule to shew cause. . . ■ .*••,■.. ;; AdmiBsion c/ BarrUtpm 13. It i« Ordered^ That any Attorney, who, on his being ad- milted an Attorney, was a Graduate of any^ College, mav be called to the liar iflor the expiratioa of one ye^ from the time of his admission as au Attorney. :^ HILARY TERM, 6th WftUAM iy.-»-l886. J^Iotifm Fajpcr. 1 , ! . It is Ordered, That iiAjMure the Clerk of the Pleas do^eep a paper, to be called the Motio^aper, in which shall be entered all motions of which notice «my hinre' been given, such entries to be made on or before the first day of each term, and to stittid in the said paper in the order in which they may bfl made, and the matters contained in such Motion Paper sha^he^nre Oa to be heajrd on the second day of the term, before the Special P&ppr is gone ihto. ' 2. It is Ordered, That if notice of any motion, and it copy of the affidavit or affidavits, on which it is intended to be grounded, shall be served on the opposite party, his Attorney or Agent, as the case may be, fourteen days before the term at which the motion is intended to be made, a role absolute may be made ila the first instance, if the Court shall see fit, and in all such cases the cause shall be entered on the Motion Paper. • ■ " p^ Judgment as in ease of NcnrSuii. 3. Tt 18 Ordered, That no motion shall be made for Judgment, \s in case ofSt non-suit, pursuant to the Statute, 14 Geo. S8, c. 17, without notice having been first given thereof to the Plaintiff, his affidavit on which the same b grounded, at l^t' fourteen days ourt sits or not, W 2J ^efore the temi at whicli such motion is intended to hf> mmln, an( jivtthout entering tli« <]amo on the Motion Paper, (t) 4. It ih Ordrrei), That on inotion made in open Court |Ainiuant to the said entry, and oi> duo prdof of the service 6( notice /ru) and copy of affidavit as directed l)y the preceding rule, the Dmendant shall be entitled to a rulo absolute for Judgment as in case of a nun-suit, (v) unless the Court on just cause (w) and reasonable terms shall allow a further time for tho trial of the issue, or unless the Court shoulil think fit to enlarge tho time for showing caupe to the next term. \ last' fourteen day? (0 S«e Hanif t. Brnnnuml, 2 Kerr 179. («) Wliere llio i'liiintiC*! A((oriH>y wa* iMrtoftlw* Province. Mnrice of « iKrti< iiiidor lt)«i (loor of liii ofTicn, ami l«mving a nipy^ where hn haa UMJmiid whilf »n) There ii no limit in point of lime for a Dcrendnnt to apply for judgment aa in caie of ■ iM)nanit,r going to trial nccordiiig tu the prnctice of the Court, cannot be moved for till tW > temuiJibTe «hpMd after issue joined. — McDonald v. Rider, Ibid 045, MtCMan ▼. MeClk m, MiKW. T. 1846: If demorrera to certain of the Defendant *a pleas are pending, and the rajnUffgiTea fiotice of trial of tlie iaanea in fiict, bat does not try purauant to his notice, theBefendant is entitled to coaU of the day, bat not to judgment as in case of nonsnit.— 3fillaM^n O^As, 1 Dowl., N. 8. 7fl&. >/ \i i>nent that otioi| (or I procure i^ircuit. — httobe The mlelbr' tfritte /Bert. R. [Court. — iwitb- (w) An affidavit stating the ulwence of a material witness and tite beli^of the the testimony would be procured at the next circuit, is not suflicient 16 oppoae jodgmeat aa in case of a nonsuit; it ought to lie shewn that some ^flbrt was mode the attendance of the witness, or w hat prospect there is of his ^tending theneit MUchOl v. Cigipage, Bert. R. 277. Toe PlaintifTs reasdins fw^t going to trial shewn, and that he intends to proceed in the suit. — Katham^v. Hat^Uf I Kerr temporary mental derangieinent of a witrtessis a sufficien^oiuse for dWhargiug judgment as in cose of a nonsuit, on giving a peremptory^ undertakiof aVilittyir day, it amearini^ that the witness had fubaequentlyrepi^ered. — Sui0til v. Sam 278. So, the absence of a material witness from theProviooe, duriof the littUif of Kirk V. Pavne, 1 Kerr 525. Aa affidavit of the ftaintiir stating Uiat t^ record drawn, •< because he was advised by his Counsel thiit the evidence of B. wm iqateria], that B. mow resides in Boston, and h^ hopatTto be able the next circuit," was considered a siiffici^fKexciise. — Dt$mimd^ ry and to procure his tifstimony at Ywmmu, 8 Kerr 71. So, tori al do e u wi eMafy e ^;fa lei> ee w h i ch b e Kmg ed to a p era un wl i ^wi iM-oduce it, but ttM. aot procMre R>a time for the trial, ii tufficieiM.— Dve y " ■'/■■ /'I #'!' k«' '.".SB*' 28 • i* 6. It ih OmtKNKii, 'I'liai nci Jintgnient of Non Proii ilinll lio simH?«l for wnnl of u tliiclurutioii, riiplicotion, <»r other suhioqucrii plciuliiig, until ton days iiuxt iifttir a dntnand tlicrtipf shall hnvu buuli iiiadf in writing upon the IMaimifT, his Allorney,pr Agent, a» the cnno ,niay hu. (jr) Demurrer Jlookt. 0. It iH.bRnrnro, Thnt Dninurror Hooks (y) bo doliv«»rml to tho JiuljjcV on or beforo tlu) first day of the torni at which the Demurrer is to bo ori^Hid, tho^liooks. for thn Chief Justice and senior Puisne Judj^o to bo irropared iin trial without iwrioiiH Ioiih, greatly dinproiwrtioned to the iinuilint in t|iH!Mtion, wa* ronai- dered a Nuflicieiit itruuiid for diachargiiiH tlie rule, wlierc iio notice <>f trial hod been given. — Scovil V. Eaton, n>id 73. A perenijttory uiidcrtiikinR to try a cauie, will not be enlarged became the Plaintiff »a» advtHed by Couniel at the circuit that the declaration rhouldbc amended. — ManhaU v. Win*- (ow, Chip. M8. 539; n<»r liecuuno a witnemi who reiiidcil in town wan not in C7ourt when the cau«e WTJH called on.— Doe v. Wisweil, Bert. K. 127. The IMuintiff must »hew tlwt he luw iwed all reiiia<^iaiik! and ordinary meaim to fulfd the updcrUikin^; an affidavit alating that cer- tain do<-uui|t}iifury evidence was nccefisnry to make <$ut llio IMainliff*!! ca»e, which he thought wnn in Ium |>(i»m>iiiiion, but on «cnrch, fonnil tliatlw had given it to a peraon who had gone to England, is not nuftit^ietit.— J»fc/)ona/mpiwi, 2 Kerr 700. A peremptory undertaking win not 1)0 diachnrged on nccoimt of the Defendant Imvinggonc uutof the juriadirtion of the Court. — Lealit v. Rat, Uert. R. 82. Judgment, for not i>roceeding to trial at tlie Sittings ac- cording to a peremptory undertaking, cannot be mov^d for until the term succeeding the Sit- tings at which tho Plaintiff underto<>k to try tlie cause.— Crow* v. Suton, I Kerr 102. It is not nccfssnry to give notice of hucIi a motion, anty if notice is given, and copies of amdavits servedi tho Defendant is not entitled to Oie coats pf|thoae proceedinga.— 0'/?(f on v. RMiuoh, Mieh. T., 1846. \ , •" Where auapicion nttaches on the Defendant of having been instrumental in keepings male- rial witncitH tor the Plaintiff, out of the way of being served with a aubpoena, a peremptory undertaking will be enlarged. — Robertton v. CrandaU, 1 Kerr S6. And where the Defendant had given notice of trial by proviso, whi^ he aAerwarda countermanded when it was too late for tne Plaintiff to give notice, the peremptory undertakiiig was enkirged, the Fb«iMiff appearing to have been misled by the Defcndant'Mlotice — CfMal v. Goodtn, 2 Kerr 874. (y) S«e rule S, Trinity T., 8 Vict. MiHi. T., 9 Vict., and Hikry T.flN'Ict. ••^^^■"'i t\ J 29 tN{i one sudtomoitt'^Wr ottehdaiite bofuro n Judge upon the sanitt matter, nnd 1m? party tnkinjj out such sununons, shall, if liio Judgo of a vilitness or witnesses de bene esse, under the Act 26 Geo, 111., c >20 or for an order for such examination, or for the issumg a M)m- r mission, under the Act 5 William IV., c. 34, do state in the affida- tit or affidavits upon which such application is founded, the nature ' of the aciion, the venue, and the state of the pleadings or proceedings at the time of such application ; also the name of the opposite At- torney or agent : and do also, whenever time will permit, give notice of such application, together with a copy of the-f fidavit or affidavits, to such Attorney or agent, (a) ^, « i ^~ \x Warrants of Attorney. 4. It is Ordered, T^at no judgment be signed upon any War- rant authorising any Attorney to cdrtfess judgment without such Warrant being ddivered to, and filedkby tke Clerk.^ — _^ ^ 5. It is Orde&d, That every AttoHi^' of this Court who shall prepare any WamuH q( Attorney to conf6 It IS Ordered, That no Sheriff, Bailiff, or Shenff's Officer, shall presume to exact or take from any person or persons being in >is custody (c) by arrest, 1iny Warrant to confes s judgment, but in ' (.)The.ppliction .houW not in general be made t™"?^ »"l!^,>»"5i.^V'sS' 8 if- IbJbi then in my coiSoeiBeiit; the pretence of w Attott beiag then in ny --rns«, SeoHlUr ▼. Qrat$, Ibid 527. •n^ befiwo #*MliDg k, Md not Attorney wnB eoMiddrad — — — V '^l tli. presence of an Altorney for tlie Defendant, which Altorney sliall ihcMi snhscribe his name thereto; and that no Attorney do acknow- ledge or enter any judgment by color of any Warrant given by any Defendant being under arrest, otherwise than is as aforesaid. MICHAELMAS TERM, 1st VICTORIA 1837. 7 Admission of Attorniea. Whereas it is exj)edient, that every person desirous of being admitted as an Attorney of this Court, should, before such admission, be exammed as to hjs fitness and capacity to act as such Attorney, It IS Ordered, That the Judges of this Court, together with four Barnstftrs Dfnot less than five years standing, to be for that purpose appointed bjrrule of Court In flMafy Term in every year, or any two of them, whereof a Judge to be one, shall be competent to con- duct the exammation of any person who may have made application for admission as an Attorney of this Court in the form hereafter mentioned; and that from and "after the last day of next Hilary Term, subject to s^ch appeal as hereafter mentioned, no person sfiall be admitted to be sworn as an Attorney of this Court without the productiwi of a certificate signed by such examiners, testifying nis btness and capacity to act as an Attorney. 2. It is Ordered, That the said examination shall be held at such times and places respectively, and under such regulations as the Judges, or any three of them, may from time to time appoint. ° 3. That in case any person shall be dissatisfied with the tefusal of the examiners to grant such certificate, he shall be at liberty to apply for admission, by petition in writing to the Judges; which apphcatioii shall be heard by not less than three of the Judges it such time and place as they may appoint. ' ^ 4. That every person who may desire to be admitted an Attorney/ shall on or before thd Thursday in the first week of the term imme- diately preceding that at which he shall pippose to be admitted, make application hy Peritbn to the Court, in the /ormV hereunto annexed, or to the like effect, which petition shall be acdompanied by the requisite certificates of the age, moral character, and service (d) of the applicant ; and t}^ certificate of moral character shall be fill, positive and explicit, and shall contain particular testimonials to the <«0 See Mte p.ge 12, role 1. Hil«y T«np, 4 Geo. IV., M |K« nUe 2, TriaUy T.. 6 V^^^^ 3ol.er\aud temperate habits of the applicant, and the tJouVtriTsatis- rted Aith the certificates, will, during such term, make or(ier for the q^^amiiiation of such appHcant. /- ' ' \ 5. ^hat the foregoing rules touching cxumination, shaU extend to Persons who may apply for admission upon certificates from any other part of Her Majesty's dominions, as wefl as to persons who nrjay.have pursued their studies in this Province; and any person commg from any other part of Her Majesty's dominions shall produce a certificate from the Court in which he may have becomea practitioner, or one of the Judges thereof, that he has conducted himself with credit and reputation since his admission there, (e) ^^^^^^ - - -^ 6. That no Attorney of this Court who shall have been absent from the Province, or have discontinued the practice of the La^w lor he space of five years together, shall hereafter be permitted to com- rnence or resume practice's an Attorney until he be re-admitted and re-sworn; . "^ ^ 7 That every AttoVney who may desire to be W-admitted, shall apply by petition to the Court, stating therein the place or places m which he may have resided, and the business, professsion or employ- ment in which he may have been engaged or concerned i««ce his Lt admission; which petition shall be verjfied by the affidavit of the petitioner, and shall be presented to the Court j>n or before the Thursday in the first week of the term, immediately preceding that at which he may desire to be re-admitted. : - 8 That every applicant for re-admission shall be examined as to his fitness and capacity to act as an Attorney, in the same manner a^if applying for a fi4t admission, unless the Court shall see fit m any ca?e to dispense with such examination, and sl^aU make order accordingly. — L: _ , _ .^ : _ ,9. That from and after the present Michaelmas Ter™, no Attor- ' niy of any other part of Her Majesty's Dominions shall be admitted as an Attorney of this Court, unless he shall have entered as a Student with one of the Attornies of this Court, having the rank of I BarrSerTand resident and practising in the Province, and shall have fonS as such Student L one year ; the entry of every such ' Stodent to be registered with the Clerk, as m the c^e of other I udel ; and a certificate of such year's study from the Barnster with whom the same may have been- performed shall be one of the testimonials necessary for the'admissibn of such applicant. T (0 See rule 2. Hilary Tcm, 4 Geo. IV.. ante page 12, and post rule 9 of thi« term. rule 9 of tbis term. ' ' ■ I ■ ^ ^ ''^ Form of Petition for Admission as] an Attorney. To the Honorable the Chief Justice, and Justices of the Supreme X Court. The Petition of A. B. Humbly Sheweth, That your petitioner was born in \ *^^ on [state the ^lace and day of birth], as by the accom|)ttnying certificate (or affidavit) will appear. That on he ente^ as a. Stu- dent in the o^ce of C. D., Esquire, a Bftrrister of this Court, at • in this Province, and has continued as such froin that time hitherto ; during which time he has not absented himself with- out the permission of the said C. D., nor been engaged in any otlu profession, business or employment. i [If the applicant have studied part of tjie kme^ with any other ■Barristen, or been absent without permission, or\engaged in. any \ other profession, business or employment, since \ommencing his studies, he must state fully the reasons therefor, the particular time land length of such other study, or absence, or engagements in other IpursuitSf together with such^tjier particulars as he may think ad- Ivisable, explanatory of hmconduct. If the applicant have not \ studied in this Province, he mu^t state the particular grounds on. ^ which he allies for admission, the place or places in which he may' have resided and practised since his admission by any other Court; and if he have been engaged in any other profession, business or employment, hii^must state the particulars of the same, with any other matters explanatory of his conduct and pursuits as he may deem, vkceisary or advisable. *] That your petitioner is at present resident at and is desirdtosof being admitted an Attdrney of this Honorable Court at the ensuihg^ a' Term, and prays that. your Honors w'di iiiake such order touching his examination or atlmissiQa a^^ by ^be^fules ~^ the Court are required, or as to your \Honors may seem meet. IDatedthe day of. 18 . \ * If the petitioner's full time of study \m not expired kt the time of application, he must further state his intention to continue a Student in the Barrister's office until such time expires, and will be required to produce an additional certi|icate to that effect at the ensuing *■ ' . ' ^ New Trials, i .. " '■^^" :>"" ^ ■■•,-■■■' •'"",■ ■■ "•■•, ' ro. WHEitEAs it is desirable, that arguments oh rules for new trials oir the like, made in causes tried at the Sittings for the County of York, should be heard and disposed of more speedily than can be done under the present practice of the Court: It is Ordered, Tbat^ in future any party intending, after trial had at the said Sittings, tC» IflftV ft Tfl ft 1 jrt f l P ^ ' Ift l* »> Flllfl trt »l t % J» «»» *■ ■■■» »». ■ ■ ■!rL ^ » ™ ^-L -: - - ■ . ■ j -. > .- t 1 1 i- not be granted, or for any rule of a like description, do give notice E r^ H- ■ 1 I 34 J' to the opposite party of sucli his intention, together with a note in writing, specifying the general grounds of the intended motion, thirty days hefore the ensuing term, (/) and that rules nisi granted on such motions be made returnable in the same term, unless the Court should see fit, with the consent of parties, or for other good reason, to extend the time lor shewing cause to the ensuingterm.^ WIIMTY TERM, 1st VICTORI A.-18a8. ^fT-*^^': -■-- Judgment in Debt. . > ^ . Itjs Ordered, That the efttry of the judgment on the xtdoxA, in actions of debt, where the amount to be recovered is ascertained and assessed by the Court, under the Act of Assembly, 7 W. IV., c. 14, s. 6,, shall be in the following form, or of the like tenor and effect, viZi : . .' » ^ ". «' And the said A. B. (the Plaintiff) prays that the amount to be recovered in this action, may. be ascertained and assessed by the Court here,. according* to the forni of the Act of Assembly, in such case made and provided ; and thereupon it is suggested and proved, and manifestly^ appears to the Court here, that the said A. B. ought to recover for *his debt in this action, the sumof£ > : therefore it is considered that the said A. B. do recover agrinst the said G. D. (the Defendant) the ^aid sum of £- -, for his debt, so ascer- tained and assessetj^by the Court here, and also, fcc, (proceed with the entry in regard to costs, in the usual form,) and the said C. D. in^mercyi fecv - ^ - ' _ . > • •MICHAELMAS TERM, 2d VICTORIA. -IfSS; ..■ " ■ ■ ■ • ^- . • '. ■■'••'■ Summary Actions. N* ^ Ordered, That in future, in Summary Actions tried at Nisi Prius, a copy of'the plea, instead of the original plea, may be filed in the Court of Nisi Prius as a part of the record. (^. 4^ — ^^ -^ , /»^Xliwiurt i iaBU^nffWMiiry,thoiigh pointt h»Yc1t>wn KKV^ at the Hiali?— 2W»iy _j^ Haninumd, 2 Kerr 596. , / ' " * {g} See Rules of Trinity T., 5'W. 4, ante pnge 21i ' „ " , ^ -^^ >;..#* "jT ■*'^h ^j'f'*s?^!&^*»'m 1 fn*^ f*-^ ■ • .% hiiu kept for that purpose, the time of receiving such Declaration, and of delivering the same to the prisoner. *■ 4. That where the Plaintiir declares against the prisoner, it' shall not be necessary to^jnako more than two copies of the Declaration, of which one shall be served; and ttie other filed with an affidavit of . service, and a copy of the Rul? to .'appear and plead indorsed thereon. - « . ' . ' 5. That upon applicatioij made by the Plairfliff; before the time a}' which the Defendant may be supersedable, and good and sufficient* cause sliewn by affidavit, further time to declare may be given by rule of Court or order, of a Judge. , ^ " ' : 0. ^hat upon every application for a supersedeas for want of declaring in due time, in Addition to the certificate oT the Sheriff that no Declaration has been delivered to him for the prisoner, there shall be an- affidavit of the Defendant, that he has not been served with? such declaration. ' . 7. That unless the Plaintiff 'shall proceed to tnal or final judg- ment- within three terms next after the delivery or filing of Declara- tion, if by the course of this Court the Plaintiff can so proceed ; of which t"hree terms, the term wherein such Declaration shall be delivered pball be .taken to be one ; or if by the course of the Court the Plaintiff cannot so proceed to trial o,f final judgment within the; time above limited ; then unless the Plaintiff shall. proceed to trial or final judgment as soon after as by the course of this Court he may sd proceed, the prisoner shall be discharged out of custody by writ of supersedeas to be granted as aforesaid, upon filing cotpirion bail, unless upon notice given to the Plaintiff's Attorney good cause shall ' be shewn to the contrary. j • " . ' 8. That in all cases after final judgment obtained against a prisoner, unless the Plaintiff shall^cause such prisoner to be charged in execution^ within thfee calendar months next after the day Orf which such final judg^Snt shall be signed— in case no vfrrit of error shall be depending, nor injunction be oljt&ined for stay of proceed- ings ; and if any writ of error shall be. depending or injunction be. ' obtained, then within three calendar months next after judgment shall be a^rmed, the writ of error be nonpifossed or disctintinued, or the injunction dissolved ; the prisoner shall be discharged out of ci«t_ ' tody, by auperaedeajf to be granted as aforesaid, unless tij^n notice given to the Plaintiff's Attorney, good cause shall be shewa to the contrary. , ^ 9. T hat a fter trial had, unless theHPh iu il iff a o p rocee«^^o l»v»^ judgment entered up and signed as soon'trby the course and prac; ■ ' ^ ■ tice of this Court he may so do, or within one calendar mouth there- after, in case no such injunction shall be obtained or order made for stay of proceedings ; and if any such injunction shall be obtained. Or order made, then within one calendar month after such injunction shall be dissolved or order discharged, the prisoner shall be discharged out of custody, in like manner as in flie last pteceding rule is provided. > 10. Tha| in case of a renderV discharge of bail ftfter final judg- ment obtained, unle§s the Plaintiff shall cause the Defendant to b^ dteirged in execution within three calendar months next after such rinder and du^e notice thereof given ; and in case of lender after trial * and before jiMgment, unless the Plaintiff do proceed to have his judgment entered up and signed within the time liniiled by the last preceding rule, or within one calendar month after such render and due notice thereof, the prisoner shall be entitled to His discharge in* jnanner aforesaid, Unless good cause be shewn to the contrary. • 11. That no jjreaty or agreement shall be sufficient cause to pre- vent any prisoner's having the benefit of a supersedeas, unless the same be in writing, signed by the prisoner or his Attorney,, or some person duly authorised by such prisoner, (fi) Writ of Scire Facias'under Act 'HQ, Geo. III., c. 24. 12. Ordered, That the Writ of Scire Facias to be issued under the Act of Assembly, 26 Geo. III.,c. 24, shall be in the form fol- lowing, or to that effect ; adding' in the body of ihe^sarne any special matter which in.particular cases may be deemed requisite. Victoria, &c. ^ To the Sheriff of Greeting. Whereas A. B., lately in our Court before us at Frederictoo, impleaded.C. D. and E. F. in a plea of , (the said C. D. having been duly taken and brought into Court by virtue of process issued in the said suit against the said C. D. and E. F., and the said %. F. not having been tAken and brought into Court' by virtue of such process) and did afterwards by the judgment of the same Court recover as well against the said E. F. as the said C. D., [state the rec&bery] in the same manner as if they had both been taken and brought into Court, pursuant \o the Act of Assembly in such case made and provided, whereof the said C. D. and E. F. are convicted as by the record and proceedings therebf still remaining in ouir same 'Oourt manifestly appear. ^And now on bbhalf of the said A. B. in our same Court, we are UHHIIU a if MBm iawfld l» takea of E JM- to I Uw'IMbnduj in execotioii, duttot aflbet his toratiM in alinit boadfonleiinMde «idi '.pnTitjr; UMdbra if bdfan hi* eM»pe(be Deftndnat iad beooms npenedMble. jhe tiei we entitled to be dlfKluurged.~OtnfmT.A«idl,S Kerr 610. / ' . ■'.■■' l >, .'^' / 'a':,.,:;'- ■ \ '' .'. : -"^: t- '"^ '■ / • •^1 m \ iufoniied ihat allliougli judgment bo tfiereupon given, yet satisfaction of the [debt and] damages aforesaid still remains to be made to him ; and he is desirous of executing an Execution for such [debt and] damages against the body, or the lands or goods, the sole property of the said Ei F., whereof the said A. B. hath humbly besought us to provide l»im a proper remedy in this behalf: And we bemg willing that what is just in this behalf should be done, command you that by honest ajid lawful men of your Bailiwick, you make known to the said E. F., that he be before Ma at, Fredericton, on to shew if he has or knows of any thing to say for himself, why the said A. B. ought not to have execution for the [debtandi] damages afore-, said, to be executed against the body or the lands or gooSs, the sole -• property of him, the said E- F., according to. the force, form and effect of the said recovery, and pursuant to the said Act of Assem- bly in such case made and provided, if it shall seem expedient for him so to do; and further to dp and receivewhat our said Court before us shall then and there consider of him in this behalf: and have you there the names o^f those by whom you shall so maice known to him, and this Writ. 'Witness, &tc. Judgments hy Default and Non-Prets. 13. Ordered, That in future where the Defendant in any action shall plead one or more special pleas, and servQ copies on the Plain- tiff's Attorney, wjth rule tp reply in twenty days, the Plamtiff shall f^e and deliver his replication in twenty days from the time of such service of plea and rule, and in default thereof thfe Defendant shall be entitled to judgment of non-pros, a replication being first demanded after the said twenty days ; and in like manner twenty days shalli)e allowed for every subsequent pleading, and the opposite party shall be entitled to lodgment by default or non-pros, as the cas? may be, -for not rejoinffil^ surrejoining, &c., a rtile to rejoin, surrfgoin, &c., being served and demand made as aforesaid, unless the Court or a Judge shall think proper to allow further time. Provided that no such judgment o( non-pros or defeuU sbalFbe signed until ten days after demand of Veplication, rejoinder,itc. (t) ; ^|^ U. That all such rules to reply, rejbin, surrejoin, &c., itiiy be taken out in vacation and entered as of the preceding term, the Attorney delivering to the Clerk a praecipe for siiph rule. TRINITY TERM, »» VICTORIA.— 188JB. Paymmt of Money into Cowrt. 1. WosttSiS by an Act passed Id tDe first y«iar of H6r Majest^ (i) See Rula 6, Hilary T.^ « W. 4, ante page II. ^BE'" '.■ reign, intituled «iAn Act for the further amendment of thu Law,*^ it IS enacted '-that itjjiall and may bo lawful for the Defendant in all personal actions (^f^nding or to be brought in the Supreme Court of this Provmcer (fijtpept actions for assault and battery, (/) false imprisonment, llbti^ slander, malicious arrest or prosecution, criminal conversation or doJPauching of «5«»' dechration, or on the special conatt, it adibiii the contm« as declared on,an(i all the breaches on which it is^id ia/and theTnlv CJ2!».^^*?7'*'*!Li'T """""' °f damages.- Wn,*ry. OcM^^B A^E. lH' B« where the Plaintiff declared on a contract for a certain salary, alWinff the amoont unde^ a Tjdehcet. and stating w^a breach, that the DefenAint had diXrg^hKS^ i^ aireed upon, and without a proportionable part of the salary: it was^ld ^ TX, «n«^ SSln!! "^^ materialinlue'tf. and the filuntiff woukS/'f ^.^^'^1^^^ S. tiff d^S^I;^ !n j1. f • -*?• ^"'^j'" P^ff\'Bo^> 5 M. & d. 678?wher/ the Plain- his ™S^« *K J"? rent on a demise, with a count for fixtures sold, and claimed J>y luj iMrticiilara £5 fc. for rent, and £12 for fixtures; it was |mH that a navment of^£ into Court generaUv. wa. no admission of tt» Defendant's SbS^ extmA F .^" Hi^^^T'"- /" --ftss^'feit' ■ j^ ■ - Bi II: / IS aUu to casu« of Spocial Dutnurrer wlioro other gruuuds nr« iiitentlod to be re\kn\ tm, than (Ik)80 specifically set out. (p) Trial by Record. .. It im ruBTiir.H Oiiukri:i>, That in any case of trial by iho Kecorth (a) it sliall be sufticieiil for the party to make up and deliver to the Chief Justice one paper book, initlead of ddivorinjj books to all the Juilges, unlttM the Court should otherwise order in any particular case. Agents. 6. It im fuhther Ordercd, That henceforth no Attorney of this Court do employ any Student in tlie Office of a Barrister of this Court* -~ as his Agent in any 8uit\' matter pending in this Court, or in the transaction of any business before a Judge, or in the Office cither of the CUjrk of the Crown or the Clerk of the Pleas ; and that no Barrister of this Court do suffer any one of his Students to act as the .^ffent of any other Attorney •. Provided that this rule shall not extend to pre- vent the employment by a Barrister, who may himself be the Agent of any Attorney, of. any Student in his Of%ii_iu. the professional businosa of such Attorney. j « -^ / Practice at Chambers. .. 6. The Judges will in future expect, that in the Assessment! of Damages in vacation, as well as in other matters brought before thjem out of Court, where the parties I do not appear in person, they be attended by a Barrister or Attprney of the Court ; or where this cannot conveniently be done, that the Clerk or Student employed to attend on behalf of any Attorney, be of competent experience, fcSkill and knowledge of the business entrusted to him. ^ ■^ " ^CHAELMAS TERBI. 4t.h V!CTORrA.-1840. RtfUvm Bor\As, * ' . WuERCAS the Justices of the Supreme Court, or any three of them, are authorised and required by the Act of Assembly, 3 Victoria, c. 68, intituled " An Act further to regulate proce*edings in Replevin by allowing damages in certain cases to the Defendant," to frame 4nd prescribe suitable and proper forms for the Replevin Bonds (p) See post, rule« of Mich, and Hilary T., 9 Vict. m/'-^ 43 lie.Mtfterno be ukeri aiul (or the eiUering of any v.rdict or judjriwnf punuaiit to the sn.d Act, luch forms from the time of the ,a,d Act tnking eflwct. to be observed and complied with in the same m«nn«r as if the same were m tho Act spodflcf and contaiiie are jointly and severally held and firmly bound unto Esquire, Sherifr of the County of (or Uty and County a» the case may he) in the sum of (douhh the value of the good» to be replevied) of lawful money of New Brunswick, to be paid to the said , his certain AttomeJ" Executors, Administrators or Assigns ; for which payment to be wel TytTo^^t'^* f"^ ourselves and each of us, our and each and every ot «»Heirs, Executors and Administrators, firmly by these Presirtt, sealed tlTith our Seals. Dated the day of ^ Z r r Jl" o'«he reign of our Sovereign Lady Victoria, by the Grac^of God of the United Kingdom of Great Bntain and Ireland' Queen Defender of the Faith, &c., and in«.eyear of our Lord one thousand eight hundred and . j /^pl^wS^f '"" °^ '^}! 2!^''«"*'°^'' '"^^' That if the ab07e jtounden (Plaxnttff) do appear before our said Lady the Queen, at Frederictoo prosecute h.s suit with effect and without delay against (Me Defenda^) Z^)^^,l «n - ., * ■ the> presence: of > ■*',^', If the Writbeissued out of any Inferior Courtof Comnwn Pleas. the'ibndHiqii of the Bond will be as follows :— ^ " The c0ndition of this Obligation is such, that if the above bounden (the Plaintiff) do appear before the Justices of the Inferior Court^oi Common Pleas for the said County of at on {as speHfiedm the Writ, or before the Recorder of the said City of Saint . John at the next Inferior Court of Comraor^ Pleas,- to be holden for thp said City ^ County at the said City oin, &c.,) then {conclude as in the. forgoing form.) No. 'H.— Verdict on Postea where Damagei^ are awarded to the Defendant, ( Commence in the usual form). Say upon their oaths, thai (stating the negative or affirmative of the pleading which concludes to the '^ Country, according as it makes for the Defendant)- in manner and form as the said - hath "complained against him* or "in uleading alleged," andnhey assess the damages of the said Delendant by reason of the premises to pursuant to the Act of Assembly in such case made and provided, besides his costs and charges, &c., {as in the usual fordi) jVo. 3. Entry of Judgment on the above. Therefore it is considered, that the s^id Plaintiff take nothing by .his suit, but that the said Defendant do ^o thereof Without day i &tc and that he have a return of the said goods and chatties, to hold . to him irreplevisable forever. And it is further considered that the said Defendant do recover against the said Plaintiff his said damages, ' costs and charges, by the Jurors afefesaid in form^aforesaid assessed and also for his said costs and charges by the Court of our said Lady t&Mlueen, now here (or in the Biferior Court "by th^ Justices hero") adjudged of increase to the Defendant, accordine4o the form of the Statute m subh case mad Ordered, That in- future copies of all pleas shall be delivered to the Plaintiff's Attorney within the time allowed for pleading ; other- wise the BlaintifF shall be at liberty (demand of plea beihg duly /made) to sign interlocutory judgment ; and that it shall not be|ieces- ' sary to search for a plea before such signing, after the expiratlo» of the rule to plead. <■ . ■.■X TRINITY TERM, 6th VICTORl A. — 1848. ¥,i Admission V/*| StudSiitsr 1. Whereas it is expedienf that "ttfcre should be an exaim of persons who may hereafter desire to enter upon the study of t^e ;a to some N^ examin atigip ;■ / • / : " ; : ■ ■• > • Law, in order to their admission as Attoriiies of this Court, It ia Ordered, That such and so many Barristers as may for that purpose from time to time be appointed* by rule of Court, or any two of them shall be compettinL to conduct the examination of any person who may have made application to be admitted a Student; and in order to such examination, application shall be made by petition to this Court by such person, stating his age, place of birth, and present residence ; the name and place of residence othis father, or guardian, and the several branches of education in which he may have been in- structed ; and that proper certificates as to cbai^acter and habits shall accompany every such petition ; and this Court will thereupon make such ordep/or the examination or otherwise, as may appear necessary and propel*. ^2. That no entry shall bamade in the Clerk's book of any Stu- dent, nor shall he be deemed to have cohimeaced his study of the Law with any Barrister, until he produce the certificate of the "wminers before whom his examination may be had, testifying his "ess and capacity. ^ , WjM, _ ' / --. -^ » 3. That in case any^erson shall be dissatisfied with the refusal of thef exammers to grant such certificate, he shall be at Itbferty to apply by petition, to the Judges, who will make suqh order thereupon as the case may in their opinion require, • \ « - 4. That every Student who may be transferred from one Barrister to another, during the progress of his studies, shall forthwith deliver to the Clerk a memorandum of such transfer, accompanied by a cer- tificate of the Barrister whose oflice he may be desirous of leavinff- ot in case of his death, absence, or refusal to grant such cerlificate' ths certificate of the Barrister to whose offipe he is transferred of the • cause and reason of such transfer. " ' ' 5. TJiat the aforegoing rules shall not extend to persons who may already have been admitted as Attornies in any other part of Her Majesty's Dominionaj but that such persons, before being registered as Students under the ninth Rule of Michaelmas Term, 1st Victoria shall apply, by petition, to the Court, accompanied by the requisite certificates ; and the Co^^t will make order thereupon^ ^ 6. That if any person, wh6 may, after his commencing to study the Law, have discontinued the sanie, shall be desirous of resuming his studies, he shall apply, by petition, to the Court for that purpose " !f .^°;.^ ' T^.^ ^"°^ °*'''^^'^ thereupon in regard to the time of his previous atwIyT^y-TnarappearTireetT^otherwise^ I time ol such lormer study ishall not be allowed to such Student. *, .. ■Sx 41 71 » 3 •J MICHAELMAS, tKKM,^ 7rn V ICTOU 1 A .— 4«4» Phaa in Abatement, (s) ^ f"' pRnnuED, That no, plea in abatement shall' be filed after the -■ piratiion of the rule to plead. ' " ^ \ "i MICIIAHLMAS TERM, 8th VlCT^ORl A.-1844. •f -_ "' L^^ . *• .. "'-.Security fvr Cpiii. L Ordered; That tlie rule of Trinity Term,' 30 George Ul., lie ' rescinded, and that in fijture where security .for costs ,s ordered, such security shall be given infhe sum of forty pounds uv a cases, except ,.in sum'nrary ; and that in nummary cases, security shall be given m ] ■ ti& sum of twenty pounds, (t) Vr \ . • . / . ' "^ («) ScopoBt Sect. 11. title " Abatement." , '..u ^ „„ .i.„ • m Before aoulvintt to a Judge at Chamlir«, a demand of seaiinly shoid.l be made on t c defective »gf ^'»' l^*^g„'^UouU^r m.1.^ at the earlieBt opportunity after appearance and ^ .« :- n „f ^.'ira^.Xfore anv further proceedings by the Defendant; biit a demand ol ju3tificationofljail»artd betoi-e any iviriMo^ preVent the Defendant from obtaihmg tho particylarsi8not8UchaBtep '"\^«/l"f "^'''"SfX application is not made:till aft^r the i^^Upharrfod unless the PVaintiff proceeds in a reasonable time.— HiM v. Rind. Bert. R.,-«I. SherLt ofthe penalty oftne.bond._fV««rv. ^«^'7' ^^Kenr 9 J Oh Sch wJ rffS^Sd??Ura;pStS wm^^^^^^^ that effect on the bond, whict • "llJlitSrii? St^SSnfirjwith some slight alteration., is taKea ft«. • K?owS Mek bfw Presents, tWt we {the co>^».o»>n n o/Vg^.^ |»^ ■ ^— l^^grtaLactjona^W^ I^Csupreme Court at g wdc r tctO l i. whu i Biu ^ - ■ !■ Plaintii i , iiyt^v u i*. ■"j"'" "" i ,^^^^. . vSefendant and by reason of the said Plaintiff's residing out «f <'•«' ff"'^'^'""^ ^ Sj CWiVlhc sa d oSclant has applied to the said Plaintil (,r obtame^ ^ ol^for the ^ -^.^ V^-;-' 1-- d after the -* tions, is taHen fran -ah o Yfi nnnfeA; 49 Side-Bar Rutei/ ^ -<* '^ a. It is Ordered, That do side*t)ar rlilo shall be taken out for the' return of any writ after six months fcpni tijo day on which such writ ~ is made re'lurnablc ; and that after <9uch pij^ months, motion be m^dd in o^ien Court, or tl«) order of "a ^udge obtained, Ijefore any such Aile do issue, (m) . ^ . ' '. Ti * ^ r R 1 i\J T Y t E It M ,' 8 T II VI CT O R I A — I 8 4 5 Consent ^uk- <>i---'\-i ' Ordered, That in every action of ejectmlnt, when iiny.peifson or- persons shall app^y to be made Defendant or Defemlants in such ' action, aftd be allowed to enter into ii special conseiJt rtile to admit' , lease and entrv^ but not ouster, uiiless-an actual ouster of the lessor, of .the Plaintiff by him pi- them sfiQuld- be proved, on tlie ground '- that the defence to the'actbh will involve a question of joint tenancy or tenancy in cohfmion ; the jfffidavit on wftiqh,; such applicatioip. is founded shall state the person or |jersons*wfth Whom the party so • applymg, clai^ns to be.jq^nt tenant br'ten£(ntJhcoram(Jn,\nd that he . >i^ advised and believes that he isf joint t-enant dr tenant ip common, with such pei-son or pefe6ns. , ", ■ . '*^ ^ 1 / v:u ' Ulh HA ELM AS iTl£ti M , ^ therefore tli^ condition of the ahbvc written bond or obfigationis si^IJj Uiat Ifthe aboy^.bomidea(oA/i><^»)w either of them, tWeir, or eitjier of tjieir heirs,cxecutor8,'oi'adininistrv»tor4sh'all;Xnl do well d»d truly pay ,«ncau8«S to be paid imto the egAA,(defmdant)^\s dxecutoi^, aOsniniSiators ora^rts, Sucli costs 9i the said (PlatnHff) shall in due coursWLaW be liAle^^^Sa^Ve he shaBdiscon- Unug^ dopie no na u it,-ur aJ^ict-ghaH |»88JlrajhM hWin thp said actioi^ taa ced by the Maatgr in the UBual manner, t!h«>n ttLv.yiAy^ -'-'^ — • ■ • \ lu belkttd remain in fuU tbi^ and virtue. yf?lig«tion to be ^S).?'«.°.*'!^^'^.2?^"^' *'•* motion is inadej should .^tate the iwlure of (he writ .— JWinrf,- , x J'. Bill, Mich. 1\,1846. '^ , ,,1. ' \ / \ , i / _ ^ _ , — ^„li i!_/_^__ v- 1 - . \ Mi-' ' '■'■ ' <»• -- N h'^ f •^ ^, ■ , " IMLA-ttV TERM, 9th VICTORIA. -1816. , ^ ' . , Demurrers and Special Cases. ' Okdered,' That twenty^day's from the delivery of a copy of.-any demurrer, shall be allawed to the opposite party to jo.ij m demurrer, and furnish a note of objeotlons to the previous pleadmg, (f any) agreeably o the rule of ^Trinity Term, 3d Victoria ; ^{v) on fadure of whTi he joinder in demurrer may be added by the party demurnng, raking ip the demurrer book; and.no cQpy ^if^uch demurrer LTS be served on the opposite Attorney, nor shall any motion ; oS for a concilium be required ; but denturre,^,. as well as spec al cases and special veVdicts, shall be entered for argument at the re- auest ^ei her parly, of which notice shall be given to the opposite Attlty St daylbefore the%erm at which sucb entry is made. ii fRINlTY TERM, 9th VI CTOR.I A.-1846. , V"^" Trial hy Record. Ordered, That in future all cases of , trial by the record be entered upon a separate paper, to be called the "Record Trial dS," which shall be taUn up immediately after the motion ^^^^^ ,^ concluded ; the entries to be made in open Court on tho^Sf ^^J of each term, and to siand iti the Docket in the order in which they miu^e^ should otherwise direct; and that . ei^days' notice be given of all such trials by the record. (w) Ante page 41. '• d •asSt V . X- ^ N J t. V * 9 •5v > i'*r'^ffeftf^i liifclli^ 01 \ .Mmm^'^ I ■■1 , . ff^S^-^ .':,■■■ _-^^^---"''^"'- ,... fei _^^ ^,-r-'-*''- """^^ *• '■ : \ f' ■ ■- ^" * * ■.y 1 ■ * 7'- ' ■4- -' '. ^ '!: . ^ '• * , ■ ■ * ^ - • \ • . .- . ■»■- / § ' ■• . i-;^.:; »-. ■ . ■ ^ . 1 / * / 1 -. • ' ■ ' i « ■f--. , in nh Sec. 1 any uu ioi ntlv 81 j1: SECTION II. , SJ ffi.^ ^ \S IP IB s ■■LATINO TO TBI ' r /- PRACTfCE IN THE SUPREME COURT. \HATKMKNf W' tVlltinni ] v.; Cap. hi. ^ /X.' 5. Be action IT on or defondants any matter in Enactkd, That if any defendant any simple contract, shall plead „..^ ... abatement, to the effect that any otlier person orj^rsohs ought to be jointly sued, «and iSsue be joined ou such pfea, aliinit shall appear at the trial that the action could not by reason of the Act of ParhV ment, ^Ist James I., (intituled "An Act for limitation of actions, and for avoiding suits at La>*,") or this Act, be maintained agttfnst the other person or persons named in such plea, or tfny of tKehi ; the issue joined oo sucK plea shall be fQund against the party /plead- ing the same. / . '^ ; V . 7r'''reBident at a place wthicK was really his boiae. though he wu not actually there, havii^-feft tibe. country for a ahort timeT— iiniii* y. Smwo!, 10 Jurist, 894. / r^^* (6) Where_tbe.nffidaTit stated'the supposed residence of the omitted party at the time of making the affidavit, butiiptfninquiry and itooold not be Plaintiff allowed be ajM^i lupposed I ' tliero, it was diicovered that the house was shM HTtaincd where the part^ was IiTiiw, tlie pica was set aaide, lind this plea, seH^te p. M hviiw, ley, 9 \ent.—Wh«(Uley v. Oolney, 9 Dowl. 1019. It seema it ^ a>nm«KqF..^-«-..„. 59 ■«■ wi-mnijs produced iivwidcncc, ami Oi« reciia/or setting forth tlierctif iij^iori the r(xy)r(; or plondiiigs on which the u^al is had, in matters not nmteriul to the merits of the case, and sucl/record or pleadings can- not now ni any rase bo amended at the tr/.l, and in some cases can, S?r „? 7!'?'"*°*1 "^ »"y ;''"«5 <""•• «-«"'/dy tl'ereof, Bo it Enacted; I lull It shiin and may be lawful for cvcr^ Court of Record holding pU!u m civil actions, any Judge sitting/at Nisi Prius, and Court of Oyer imd lerminer and General GapT Delivery within this Province, if such Court or Judge shall s$o Ot so it i\o, to cause the record or pleading on which any t.i.,1 may be |>eiding before any such Judge orji^ourt in any civil action, or in ^m^lictment or information for »n)unisdemeanor, (c) when any variance shall appear between any matlor in writing (/) or in print produced in evidence, and the recital and setting forth thcieof upon the recordor pleading whereon the tnal IS pending, to bo forthwith amended in such particular by some officer of the Court, on payment of such costs (if any) to the. other party,. as such Judge or Court shall think necessary: and^ * thereupon the trial shitll proceed as iT no such variance had appeared • and HI case such trial should be had at Nisii^rius, the order for the amendment shall bo indorsed on the postea, and returned together with the record, and thereupon the papers, rolls and other records ol the Court ftom which such records issued shall bo amended accordingly. nth miliam IV., Cap. 14.^ 1:- V SeV^,^iEREAs great expence is often incurred, and delay or failure of justice takes place at trials by reason of variances as to some i)articular or particulars, between the proof and the record or setting ^rth on the record or document on which the trial is had of contractus customs, prescriptions, namesi; and other matters or circum- stances ndt njaterial to the merits of the casQ, and by^he mis-state inent pi which the opposite party cannot have been^brfciudiced and the same cannot in any case be amended 9t the trial,/xcept where C the variance is between any matter in Writing or in ptfnt produced in evidence, and the record : And whereas it is expedient to allow such amendments as hereinafter mentioned to bo made on the trial of the ■*'l Jf.^AV ^^m^^Ssm^A \ (>r «l 5V t 7 lo ^ai^o ilio record, writ oK«locument oil which onV trial iiioy he IRMulirt;^ boforfl any such Cour\or Judge, in any civil h<^iioii, or in miy inf(M-in»ti<»ii in tliu mUHQjiLik tfuo warranto, or proccodi|igs on n mnii«lumusJjUh«^5tipfoino Court, wlioii any VHrianc« nimllNmpoir b «"^*"f V ., hMm, 7 M. k W. 187, tlw .l.'.t.inifi.m .KiunI ii iioti. („r £2«» iim.lr l.v 111." l».l.n.liiMt, .luUS) m^aNov. lM;W,|,ftM,Mn»„ til. rh.iiitiff.ir„r.lii»M.|,.mi.iHl; tli.|,|i,M,lW»ii; » ol u J';"ii iHid noy.-iiil n»u- for t25a, iiiii.lr hy ih,' |)..l-,.,„|i,„t ui.,1 Irln wife, .IuI.mI QiIi n'I?, 1K-J7. > f iviyiilili' U moiitliH iilKT ; DrwiiH IkiI.I to \„- iiimi<|iil>lo inulor lliii iiri. XVtun) in iin^u-- lHm(or*lmi.l.r, tl..-Hnr.U wni- jirov.,! u, Imvo »w "'l'''''" '•mrnr...f'tlM, (.'ourt for tlioH« c,,^*, Hul.iecl to tmnfwn.—Jen. *in» y.Phill,,)., H.. & |>. 76fl. Anff who*., tlir wor.U in tl.p inl iiulorri«- incnl iiii<{lit Im iim»l«' on the »t><:oraiuiiiitividod that it cannot (iffect tlm lini' of di-fimco. IbW. \A iitructing the way, the Defendant wai compelled to Ro over th.! eiotie in question. The Plaintiff traverned that there wwa a liiffh- 4 way &C.J It WiiH held that the plea and replication might bo amended at the trial, by »u\mi- * tilting the wonU 'Srimning thromfh," for " running by and lying cIoho to ami adjoining".—' jyaldir v. Bntts, 1 I)owl. & I.. 7()0. Tim amcmlmcnt muat l)e made during the trial, niul before " vcnlicl.— flr«*WSr"'A'* '" ""t ""l'"4«"|% r v. Jarksnn, supra, Byurhr v. Murray, ■ 8 Jiir. 618, Dnxtd v. PrtcceM (J. B. 440; and per Coleridge J. the act applies .mIy to a vori-^ nnce liet ween H.)me matter Hfated on the record, anri the pr.)of of that matter at Uie trial. Where ' the llaintiffhail obtained from a Judge at Chambers, an order for leave tr) amend a declara- ^ Oon on iKiyment of costs, but had not made llie amendment, Pollock C. B. refuse*, 3 Q. B. 79, it was doubled whether a Judge had y»wer to niaKe nn Hinfm li mnl whirh wnnh l havti tlia,uffwit »f dtifeutiiig H motion iu lUteat ef-" — judgment, or for judgineut, uon obBUiitc veredicto. 4 ' " "^ "^jm^ A /-^^ #■■ .. Ijarticular or pariiciilurs in the judiienl of such Court or Judiro L irtatorial to the nu-nts of tlin caHe,Tiut »ucli as tjiat tlu, op|,«,ito nnJty ...ay have h«,M nrcjud.ccd ih.nfy in .Ih, roi.duct o/l.i, JSl |.r«socut.on Of chYcncc, tli«n 8uc|t (;ourt or J.idge ^i.all l.av., LlJ to cnusfi the Mine ,o he a. hen dec/ upon payment of costs to thuTer par y, and w.thdraw.n« the reco/d or pcUponing the triaf as X o- snu, as such Court or Judge sWll d.ink rLsonahle ; and afttjanv such amendniont the trial shall/procu-ed, in case the same shl he procoejkHl with n, iho name n^nu..r in all respects, both with rlpect o he hahd.ty ol witnesses to/he in.licted for .erjury and othe^iiS, as f no such vanauce had apl-ared ; and in case such trial slJll be M■«,« ...„., u.. ^..j " ■ . . witr postoa or th Jthe record records as it ii ingly : brovideu^ fied with Ih^i deci Priusrespec^Hig P#1;: tli0 ca«e may b«ydnd returned toj^other 1^ thereupon suplf papers, rolls and Jothor ■|iiry to am(Wr shall be amondeck^dcord- fU he lawjid^for any piirty who iJK]i!isatis- 'V ^^!^ °^ '''" '^"P''"'nG <^t||r atlNisi th^n r-'Z'"^ ■■> -'*^^*'">'«V<^ '-^"y such amendment, to npiily to Cou^°rn'"tir'^\ .' T' T' "P"" '•'"' «''^""''' «»^' •" <^"«« «"<^'> ™ll„ l?Vr' •^!"'''"«"' .mprpuer,a new trial shall be granted accordingl/^on such tjrms as the'toun shall tliAik fit, or the Court shall make such^ther ol»der as to thorn may seem'meet! {h)\ fW^lZ^^^^^f 'H'' C^^^o"-, Judge shall and may, if they or h« thmk fit, .n all such cases dl variance, instead of causing the recorrf or document to be amended \aforesaid, diredt the jury to fint the fac or facts accordmg to the e\dence, and thereupon' such finding shall be stated on such record or^cumont, and notwithstanding the iinding on the issue jomed, the saiX Courtor the Court from wiicll the record has issued shall if they^hall think the said vari«[nce c3d 3 h?^' "T f ^ '''^^ '^' mis-statement sue "at could not hive-prejud.ced the oppc|Party in.ihe conduct of the acton or defence, give judgment accSfdink to thfr very ricHt and justice of the case. , \ /^ .. ^ '^ r Ar ~1A AiifilTRATl5l?» ^th WiUiam IV, Cajp. 14. Sec. 87, Whereas it.fe expedient to render references to Arbl ■^*V'.^' ^°.!"1'^°/"'T" >^^'" "r'^ '■'- iTtTJiinn irt finnl i i ul tl w fW f t y httB ii fi rr lS it^ f^-f. .'\ < I ^^^^^?^^^^^^^^^=s:^s^^ Pr. * ft 4' .*r^ ■►"-^M tm^*"''^ »«'-^*»rf' ^ ■ l^f^'f "te 1 1 ;-i: r > .- ' ' ' iration in actions depending in the Supreme" Court, more effectual, Be t enacted, ri.at the power and authoiity of any arbitrator oi' ordor; ^V'^'p '-''^-^^ "' •" !'"^^"""^^ f »"^ •■"'« o( Court, o oidc. of Wis. Pruis, m any action now brWht, or which shall be hereafter brought .n the said Supreme Courf, S.ail not be revocable by any party to such relerence without the leave of the Court, or bv i?!l°J'..^"'^f n^'"",S^°^ cause shewn tl erefor'; and the arbitrator O -'I'— ■»• ^i^«^v« ^uuou oilCWII 111 or arbitrators shall and may and are Ij^eby the reference notwithstanding any such .uvocauon, and to n^ake ^ucl award, although the person making Juch revocation shall not 'afterwards attend the reference. (0 required to proceed with revocation, and to n\ake 28: That when anj^-eference shall havJ been made by any such nalB or order as aforesSClt shall be lawful for the Court or for any Judge hereof, by rule or ol-der to be tmde for that purpose, to coZ rnand the attendance and exan.ina.ion^f a|,y person to'le named,"r the production of any xlocuments to be mentioned in such rule 6 order; and the disobedience to any sue. rule or order slial be deemed a contempt of Court, if,' in udditic^ to the service of such rule or order, an appointment of the time a],d place of attendance in obedience thereto, signed by one at least "of 'the arbitrators befo e whom the attendance is required, shall alsd be served either together with or after the service of such rule or orL: Provided always hal eveiy person whoSe at^eBjdance shall be so jroquirdd, shall be entitled o the like couduct irtoney, and payment j of exptnces, as for and upon a tendance at any trial: Provided aljo, that no pe son shall be compelled, to produce, under any such mlel or order, any writing or her document that he would hot be com jelled to p'rodu^ce at a t^ial oMo attend at more. than two consecutive days to bVnamed in such ' , '■'■ ^ ' . ■'■i-v - ■■■ 29.That when in any rule or order of Reference it shall be ordered .or agreed that the^.w.tne.ses upon such refer^ce - shall be examined upon oath. It shaU be lawful for the arbitrated, or any one of them and he or hey are>ereby authorised and required to administer a^ oath to such witnesses, orto fake their affirmSon in cases where affirma- tions allowed b;!^ law mstead of oath ; i,^ if upon suchChot affirmation any person ntiaking the same fhall >#fully and corrupthj give any false evidence, every person so /offending shall be deemed ,.i;t MlL (») See Lloyd v. Hoskins,! Keri; 132. 1 • t . ^ '■-■f w 1- .t-v? T r •^f- » 67 ARREST. * ' 26th George HI, Cap. 25. nr.!,?; R ^°'" ^^^ Tu ^^^*''""' preventing frivolous and vexatious ariests, Beit enacted that no person shall be held to special bailuDon any process issuing out of the Supreme Court, where thi calis«ttion shall not amount to the sumbf ten pounds or upNyards, ftr odt of a^ InM Court within this Province, where /he cauU of, acU^ t^uT arnount to upwards of five pounds, (k) And thftt in all suits brought for a^^ss sum, the defendant shall be served with a copy . 4jf the process «ritWn the jur.sdicUon of the Court issuing such proces/ dlTo^H f j»«*^» \«'-f/°<'o'-e been accustor^ed, and if such defend tl^f ^^'^^"'^J^*^ ^J^J" "ot appear at the ^^turn of such process or within twenty days Al|er such' return, it shall and may be lawful to and for the plaintiff or plaintiff, upon affidavit being made befo e befo.^ «nv r '•^•°"" °"\°^.^hich such prQcess°^all issue, or before any Commissioner authorised to take affidavits to be read in lervice^oT^h '"'' '"^ ^'j^ '"•^'^^ prop«. Court, of the persond ^ervi^e of such process as aforesaid, to,enter a common appearance S er^nTT ^'ul^'ll^'' ^'^'"'^^"' °^ defendants, and to^roceed hereon as if such defendant or defendants had entered his, her or their appearance, or filed common bail. (0 2. That in all cases where the plaintiror plaintiffs' cause of action* shall amount to thesumof ten pound^or fiv^ pounds, or upwa^s as aforesai^ affidavit shall be made and filed of such cause of action L) which affidavit may be made before any Judge of the Cour from which such p^_ess shall issue, or before any Commissioner ap^fnted to officer who shall issue such process, or big deputy, if such suit shdl be brought therein: And in all cases when the J^^intiff or plaintiffs shall reside without this Province in any of riTs Majesty's PlaSs ^ ^^'^^\ H ^r '^ '^' ^"P''^"'^ " ^"P^"«^ C°"« - «"-h Plal: tion ■ (n) and the sum or sums specified in such affidavit, shall be (*) The word* of this a<^4rft«« forty sbillinRs or unwards" hut hv 49 r-» « • , ■ J ■ ' "( '_ for goods K>ld. ingufficient, and the boil wer« di8char|^ (») See ante page 6, note (u) fl • 4 I \ •■"* « „ \r \.fp',^-^ 'TT'^'?- •' , ' ■ • ,' ■ . , *■• -'■■■■. ~ indorsed on the back of >^such writ or process, for which sum or smns so indorsed, the Sheriff or other officer to whom such writ or process shall be directed, shall fake bail, and for no more. But if any writ or process shall issue for the sum of ten pounds, or five pounds or upwards, as aforesaid,'an4 no affidavit or indorsement shall be made as aforesaid, the plaintiff or |)laintiffs shall not proceed to arrest the body of the defendant br defendants, but shall proceed in like manner, as is by this Act directed, in cases where the cause of action does not amount to the"sum often pounds, or five pounds or upwards .is aforesaid. ' ♦ ^ . ' ' ASBESSMENT OF DAMAGES ^ 26th George III, Cajh 21. He it Enacted, That in all actions on the case wherein judg- ment is suffered by default, the Justices in the Court, wherein such judgment is given, may assess the damages at the, next succeeding term, and give final judgment for the sum so assessed, unless the defendant in such cause should apply for a jury of inquiry, in which 4 case tlie ^lieriff is to proceed to ascertain the damages as has been' heifcttofore practised. . - "^ 'i^ 8th' George IV., Cap. 4 Whereas much inconvenience and ibx pence is incurred in actions brought upon bonds or on penalties for the non-perforfnancfe of covenants and agreenients contained in any indentures, deeds, or other writini^s, in consequence of the laws now in force, requiring'the damages on breaches assigned or suggested on the record in all cases to be assessed after judgments upon demurrer^ or by confession or default, by juries for that purpose to be summoned ; and whereas it IS considelld that in many of the said cases the damages may be assessed by the Court in which such actions are brought, which will much lessen ^le expence and inconvenience of such (feedings : Be it therefore enacted, That in all actions in any of His Majesty's" Courts of Record in this Province, upon any bond or bonds con- ditioned for the payment of money bj instalments, or for vthe performance of agreements or awards where such agreements or awards are expressed only for the payment of any- sum or sums of money ; and in all actions for any penal sums for noti-performance aff r p p friftntfi ir . . , _ . ideHture^-dee d or writh ir contained, where such covenants or agreements are only for the pay- \ •■ .59' ' ment of monies,' in which judgment shall be given [ilaintiffs, upon demurt-er or- by confession, or nil d all breaches assigned or suggested on the record m; and the damages^thereupon assessed by the Court vention of a jury ; the chsts and charges of such ' borne by the defendant or defendants: which inqu shall be entered upon the record, and execution taken out for the damages so assessed, 0gether in like manner as i^such daraag;^ had been assess manner herelpfore accustomed. lor the plaintiif or \cit; the truth of jy be inquired of, without the inter- proceeding to be ry and assessment nay be thcreupoa it|i costs of suit, d by a jury iivtbe -.,- 2. That m ^ch case such judgment shall, aJ now accustomed, remam, contmue, and be as a further security to rinswer to the plain- tiff or . plaintiffs, and his%r their executors or idministrators, sucK damages as shall or may be sugfcined^ for further breach of any con- dition or covenant in the said bond, indenture, dfeed or writing con- tamed ; upon wlmOuhe plaintiff or plaintiffs may have a Scire F&cias upon the »i«t^judgment against the de(endant or against' his hoir, terretenants, or his executors or administrators. suggesting such other breach 6r breaches, and to summon him or theni respectively to shew cause why ePcution shall not be had, or awarded fapon the said judgment; and if 00 appearance be entered by the defendant or defendants upon such Scire Facias, the Courts^ in which such actions' have been brought, are respectively authorised and emfiowered. to assess such furthorfmmages, and to award ettebution for such dan*-- ages, together with the g)sts and charges of such proceeding in man- ner as hereinbefore directed ; and so, in case of any further t>reaches, a further assignment or suggestion may be made, and the like pro- ceedings (nay be had as hereinbefore directed. . ^ *i ./ 3, provided nevertheless th^t nothing in this Act contained, sitan extend or be conStnJed to prePnt the defendant or defendants from having a jury sumrab^nfid to assess the damages upon the- breaches ; assigned, in the manner heretofore accustomed, provided he, sBe or they give ndtice to^he plain tiff of such wih or intention, within ten days after *' judgment is sighed in the*action, or such Scire Facias served : and "^ provided also that the Court in which such dction is brought, shall have full power to order and dir^t the damages to be assessed by a jury, in any case where the same may appeal* proper or expedient an(| to award execution thereupon in manner by this act directed. ' hth William IV., Cap. 37. Sec. 9. That in all actions in the Supreme Court, in whJrh the- i>ouri Is or may be auHwnsed by law ^fter judgment by default, to mquire of the truth of any matters, or to assess the damages or the m 'A ■-*•. •en- •.' . \ i' I :i Tr • -^ 60 * ^ . . ;■■" " ., -- , "'' '. ' \ amount to be recovered in the actioii without the' intervention of „ jury, such inquiry and assessment may be made by a iudge of ihr said Court in vacation ; (o) and upon the production of such assess- inent signed by such Judge,iit shall be lawful for the Clerk of the Pleas to tax the costs and to, sign judgment, \#hereupon execution, may be issued forthwrth: Provided always that no -such inquiry Or' assessment shall be m^le in vacation until the expiration of twenty days after the day on which the jtidgment by default shall bare been' entered: Provided ako that the defendant in any sUch action mdV, upon due application therefor, have such inquiry and assessment made by a jury ; and that the Judge who may be appHed to in vacjjtion to make such inquiry or assessment, sImH have power to" ord^p;thesame lobemade by a jury, in likemanneras is now th«^ law and practice in cases before the Court in banc. 1th ^> WiliaJ'IvfCa^. 14. ^ - Sect 6.* That in all actions of debt, the amount to be recovered in case of Judgment by default, or, on demurrer, shall be '^oertaineti iHd assessed either by the Court or a jury, before judgment i^isigned ; and that the provisions of the Acts 26th Geo. III., c. ai,* Ind 5tii William IV., c. 37, s; 9, shall extend and be construed to apply to actions-of covenant for the payment of any certain sum or sums of money, Aid to actions of debt ; and that as well in such actions, as in actions on the case wher& judgment is given for the plamtiff on ; demurrer, llie damages may be_ assessed in the same manner as in " cases where the judgment is by default : Provided always that nothing herein contained shall extend to actions upon bonds con- ditioned for the payment of a single sum of money not by instal- ments. - \ ,, 21. That upon all debts or gums certain, payable at a certain time, or otherwise, the jury m the trial of any is§ue, or on any inquisition of damages, of the Court or Judge upon any assessment of damages, may, if they shall think fit, allow interest to the creditor " at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain tiriie ; or < Njf payable otherwise, then from the, time when demand of payment sball have been made in writing, so as such demand shall give notice to 4be debtor thaf interest will be claimed from the date of suc)i deiA^nd, until the time of payment: Provid* that interest shall be "-'•"\le in all cases in ^hich it is now payable by law. ^hefrai iffidayii ^S.!^^**!!,* °" ^^^''^ •I'™" ""^ •••'^ "»» ""PPort «J1 the iiems of u4 account, flie Court Moced Uie a^Bsment to the amount ^Harranted by the affidaJ^it.—/S(»ii//ar t. WOb^ 1 Kerr Si* V \ t^ ^v ::^: That thejuiy on the t«pl of any issue, wM any iiiquisJtlon ^daiwages, inay,>.f they sh^H M^ink fit, give damages in the nature Of interest, oyer and above th*} Value dflhe goods at the time of the conversion or seizure,in all actions of trover or trespass dt bmii asportatts, and over and above ibe money recoverable in all actions on policies of assurance made aftei^ ihe passing of this Act. -y. yj BAJL. ir^ 4th hprge IV., Cap. 17. Pi! V Sec. 1. Be it. ^WAexED) That the defendant in all actions in the bupreme Court, when at laPge, may, in the several Counties where noykidge of the Supreme Coiirt resides, (or in the absence of a Judge frdm the County, by 9. and 10 Geo. IF., c. 11,; surrender himsSf or herself, or be surrendered by his ..♦■:. ^. That when the- defendant is alrefl^dy ip ciWtod^ of any Sheriff insome County where no Judge of the Si^e Court resides, ((n- '"Jr^ **?13f ""^y J^SSfronthe.count^^Vld lOOeo. IF., . ''^^^ at thJ^t of anoth^ plaintiff,- in a different action, or other- • wise, It shall be lawful'for any of the said CommissToners for «Jich ' County, ujpon application of such defeijdant's bail, jto surrender him - or her ; or ^upon the i|j|)lication ^f s!ich defendant, byliis or her ; Attorney^ to suirenderlSraself or heis be'set forth in the'sald ceSKate to take and^makeout the surren(^er and committitur of the said deft dant in the same manner as the Judges of t^ie Court may do wBe« such de/endant is brought up befbVd rfh'fem % Habeas Corpus ,' and '"P°° *y jelivery of sunh-comnjit ri ta r to t h i v n tiid Sh e riff^ ghall bo ■ ■ :^clial^in law wjh the custody of the^said defendant in^a^h action. ' I and give Ins certificate thereof,, and the Justices of the said Court ' t\'' 62 may, upon the re;adin£ of such Sheriff's certiBcaie of such render and commit affidavit .of notice Attdrooy, unlesi succeeding sue exoneretuj^o l)e ,., Sec. 22.th r*tinde|thoprovib ' by his sureties, Ic ; g»V»t|^f^j^ ji lece. be shewn to th« ender and notice, ih ing t^.^jiji^fd^ the^labl U ay renaer hi^iself, or idy fh. th|i tered on the tmii 4ebtcfi^, [this jd,. in li; ^ enid^d.in disc Ji'^nder boinfi. m ^ren- (I^D^cial i^said $hall }r,his been held to bail upon Court in this Province, omraon gaol of any to such county gaol to say,) the defendant ^ of such render, land shall lodge such Uii ;.¥. {)■} W'mi^am IV., C, defendant who sball J issued out of 'the Si»pr ri discharge of 'h^i. bail,^ ^in Vhich hp may be ; and the ^ 4ei^cted 111 manlier followinj^, (thaf >a^'br pn^ of them, shall, for the, »btain dti ordei^ o| a Judge of the said' Cbu irderwithf the ga^I^r of such gaOl to whlcht render rnay be made, °' and a notjbe irjL Meriting of the lodgment, of i^ch order, and of the ' ,^ defendant^ bei|g^^^l^kially:^(i custody of suchl gaoler by virtue of such drder, si^ed by iyfd^endant or the. bail; Or «itber of them, or by the* Attorney of 'fiithfer of-them, shall be delivered to the plaintiff's ' Attorney,' '(p) an6 tbe Sherin of suqh County shall, on such render 4o perfecledvbefduly charged with^ the cqi^tpdy of such defeudant, and the said'baif shaft be thereupon wholly ;^ionerated from liability :'. as ijuch : Provided alvi'ays, that in apy Cqii^iy^ in which there may ■iiot be a Judge of >the 4tiid iDourt at the tiitiisipf any reader so to be ; inade','an order for such. render may !be obtained from any Commisr ' fiioner. for taking bail in such Court for subh County, which order such Commissioner is hereby authorised i^ such case to grant 4. That a defcpldnt' Who shall herea Sherifi' by virtue of «any legal process, ma of bis bail in any' acVion' depending in the manner l|Rbbefore provided for a in cus0dy of any dered in discharge .pirpme Court, in the IhTarge of^bail ; and Qi) The mndf r jh cnmplpte tlwiigh thn D a fhnda i nbtice of die lender is j^iven to the Plaintiff* See' also nde 10 Hilary T. 2 W.' 4, ante pT 19. f th y iSlwyiflP i CMtody, Iwfaw Mtaoy, M ..^Kerr- /•■ i such Sheriff shall, such roiider, be duly charged with the custody '' of such defendaiit«Aond tire ^'aid bail shall bo thereupon wlioily ' exonerated from liability as such. V CIRCUIT COURTS. ^th Victoria, Cap^ 2. V ^ Sec. 2. Be it Enacted, That it is and shjill be lawful for the X Residing Judge at any Circuit Court, or Court of Nisi Prius, a^ well as any Court of Oyer and Terminer arid General Gaol Delivery, to adjourn the same to any future day, whenever such .adjournment may seem to him necessary or proper, in order to the finishing of the business before any such Court or Courts, notwithstanding any term ol the Supreme Court may intervene between the time of adjourn- ment, and that to which such adjournment may be made : Provided Uwt no such adjourned Coiirt of Oyer and Terminer gnd General Gaol Delivery shall extend- beyond the time to which such Courts are limited in and by the Confmission or Letters Patent, under which the same ate held. > * ^ < ' . ' ' t ■ '^ ■^" 5. That no witness, in any civil cause for trial ^i any such ad- journed Court, shall be liable to be proceeded againsi in any manner for non-attendance, unless duly served with a subpoena to attend at such adjourned Court, and his expences thereupon duly paid or ten- dered in the usual manner. ^ ' ' ,?• '^^»*J" ^^ caiises which may stand for trial at any such adjou^d Court, the Nisi Prius record, Jury process and Postea,. shall be deemed, taken and dealt with in jail respects as if the same were expressed to be mtumable at the tdrm of the Supreme Court next following such adjburned Court: Provided that no new notice ol trial shall be necessa y in any such cause, and thai no new cause shall be entered for tria ,at any such adjoiirned Court! : . •^ T CORPORATIOlis. Aci, ihe proceedinfk'ly .g . (Af- 33.' Sec,^. Be it Enacted: Tl^ft feiiiAind Aflfei- piprng^ tbisd ong«6il againiSt.lany Cdrporatibn ^hall be abolished, and the ffrsi pipe^ in.^^ye^ ictioif'to bejbrought against I ^ -^-^^ *f ««««i *^ 4^* S«**.' ■i s ♦ . fry ' ii'i' the olFuct following, that is to say : — . - \ " William the Fourth, &ic. To tho Sheriff of -, Greeting ; We command you tlyit you summon (here insert the tiatne of the Corporation) that they be before, he, on, &.C., to answer A. B. of a ' plea (as the case may be) and have there then this Writ. •Witness, &tc." . ' ^ And every such writ of summons may be served on the Mayor, President or pther head officer, or on the Secretary, Clerk, Treasurer or Cashier of sinch Corporatjpn. , ^^. Vh miiiQtn IV., Cajt. U. ' " ■'■'■ Sec; 2. That if any writ of summons shall be sued out against any Corporation, and such Corporation should not cause an appearance to be entered at the return of such writ, or within twenty days after such return, in every such case it shall b^ lawful for the plaintiff in, the action, upon affidavit being niadd and filed in the propet.Court of the due service of such writ, ta enter an appearance for such Corporation, and to proceed thereupon in like mantier as in personal actions against individuals, (r) ,. _ .: , ^ ' - « ^Mjosts. «»■- .,.. ■ . . .^, >,^ ■. . ■ - 4th miliam IV., Cah. 41. - ': v ".; • Sec. 8. Be IT Enacted, That if-tjie plain tin prt)e^i§ld"according 'to the ordinary practice of the Cdurt in*.any case in which ihe proceed^- ings ought to be summary, he shall not be entitled in' any such case to more costs than if he had proceeded in a summary iitanner, unless he obtains the order- of the , Court or Judge for the larger costs upon good cause shewn therefor. («) %ir "<> ^ ' " only Kerr 276. summary Plaintifl* pro- summary, Compant/, 1 (r) See rule 8 Easter T., 25 Geo. 3, ante p. 3, and Easter T." 2ft Geo.* 8, ante p. 6., ,(*) Where the action was brought un ujiote for £22 paystble paihtJy in timber anil partly ia mOj^y, and before the action was brought the Defendant had de^ererf ti>c PIpntiffan ox whereby the debt was reduced to £l4,''>i)K Plaintiff was allowed full 'c^stl, there being no in- dorsement of the value of the ox, u|)on the note, nor any distinct proof that it was I.nten4ed a» a payment in lieu of the timber .^ifo/land v. Clott, Bert. R. 344. And where, in^an t^f^l" on a nrnmiHHfirv pnte fo r £30, h nt which wa& reduced by payment indorsed l yfore Hrtit brought to about ZlSTdie Defendant ga^e a confession for £50, IttkiWUs held to be estopped from disputing the PlaintiiTs right to fiill costs, though the sum really due. knd forwhich cxccu U|< -i.^^ ... 4r>riidge for bringing the action in such other Court ; and in case of any iUch action being brought in thfe Supreme Court, and the plaintiff recovering u less sum than £6, if the Judge before whom the cause shall be triqd shall think fit to certify that there wa? ito reason-' able cause for the plaintiff bringing such action in thM Court, the de- fendant shall be entitled to, costs, to be rek>^»>i<>i .k. >.j . l? j. iwS*»'*"r£*J! '*"*W!*,r'"^»/"2* evidence of the amount for which the action i» hnmght.— Dm*m«^ y. Bollock. AerU R. 24, Mclt^ey r. WUwtU, Ibid. 67. r^ **U3 ^TJ'Jt^'? ^'^^ ?*' 'ir" "^^ "»» 'f » P«fen«l«Mit aUow. damage, to be .wta«&2fi£L^'JSl5!/^ th« a payment had been made before a^?n faroStt. tllrtl/Mhj!^ S!^!rV*'**'?: ^i.*« ^» "f •^ P^y"*"* »»i»g denied by tlMpE«: " w:„S^' "^ ?i^ •'••^y ■'^'^ *•>•» «•» debt waa leu t£n £5 at £> time th7netion^ fcTOMghtjit w;di««^ td M» why the Defendant .hoold bHoiSKiZiKjfZ. a2 «o£l|ow«f wTKjUoe'. 9o«?t, becau* he did not plead, or wMflBDE^ SSSw SLyfef*^' ?°^ »!««» J»n«liction.-ln each a oweT^'tbe duT JHWuff tobSur* Court to enable him to eontrarene the policy of the law— Wafcton t. WM. » K«r Ml rf t£j^rt7?S.^J? ^""^ u ""S^i: '*''* 'I'""?** "»» «•« «»•»• •»«>"" abide the ermt • "L!**™' "^ *■* judgment .hoald be enterad up for the suooessful oartv. without l^f^W « lta;:;Sr5J.*^ *^ entered «p; it w„ helS thnt a. IT^Z^ZTJ^^ on the award, the caM was not within the act, and no order for 6mu coold be made! * I wSLtrl!'??l£lS!2^^ 4»maBd*ha.beenwd«edby actual My. t^particuhirly if the, Defendant ha. triMed hi. ekia a. a nt off. bv nTinsa no^ ^Zt Sffc: S!*^'.*.^*«' ??«^ ».*««.. Bert a! ifir.StfKS££S tiee SjTJff i?1i!!! £*?,r?' ^""-T »r^ i» few of the DefenA^t.^mSTl^ ^ir.1? IftJ^Sr Skh T j^i^"*^ be allowed to c om i dcr hiii claim 4 t»f) See Ctmba r^ CaUwM, supra. v.. "t^" ;,,/ - ;■-%'»!■■• ;;«*;i V, h.'i 7 %. fi$ m:j. A 7 ^h^ 7M Wmiam iV., Ca^ \m «.«.. ^' ^' T^*' '" •''^'^ *^*'**" Jblt)ugbt by any executor or id^niis^ ^istrttor iiUj^|||B||djtt^te«Utor or intesute, such executor or ad»ii^ nUtrat w J MMMJIt Court in #hich such action ia brought shall <>^|?«*'w[]W'SipWr"abl« to pay costs to the defendant in case ol :,i bein||^uited or a verdict passing against the plaintiff, and i»gll other 4*es in which he would beliable if such plaiqtiff were «u>ng ^ m his own right upoo a cause of action accruing to himself; and tlW^ defendant shall have judgi?ientJorsuch costs, and thev shall be re- . covered in like .nanney||s«p^ ^.^ ^ -. *ny *4- That where several ,per8 In DicJMMW^T.' Keulum, Bert. ortinaber>ithel)^g|MplMded nbn oa to other partilQStrKmb of the iamiR* wvm fuuno mriiw ria 4«t, it waabeld ttMleachpartywaaealiOMito tkacdata-on the i Awl m S(«)A(pw» V. ABtt&i, 1 KSrr M, -"—"^-"-^-lu-!- .•-- . and property, liad » v«!rdM *rfti 00 the aeoiM»d, it waa hMTthat _ ^ __^ MjMmfennd j^nat'Mm. W^^ \ c. ^^a iJrtrMjj^gMBrepteT IMpKut S<^tla leiaaMif isuij^Bit )a diB||rBin«l ililua Cnror. whiai af« wTolvad in the general ifaue^aadtha • ttw^ap^uil DiB^.«re ftnad '" '*-- «"-''- - ,^ r tha moMW iai^ a» iak cpnattaed diatriWivi^j for the purpoae of taxins coMa^ :"-"<^r^ S ♦■v amd waa liableSo M«f the "ttis general iaaae aiaA aevL ^,Detei^t aucoeedaron (ha • ^iiltir i» aKtitlid to tha , , Pggr^wt the geoeraMaaue >«L,-, -^^. , ..„, ., „. ^^, . „^ v^„.— *^ fc^*?*/' iiKEj'^'i?' *.^* ***•" **•• *^ DmM ▼. Barry; 4[ qTb! 80, ffa^tmaHr. ^for*e imro^m^pj^^ the fcaj eoprt, on which then waa«a w^et tor the wn^im, omared tkejwbqpB canae of action. M thtoe waa oo finding on the otttar counts ; it . waa held thM the pkintiffwaa only entitled to Mati on the 4c«t ofwnt. nd tbatttR^^rnwtK waa jnu tfed to thft-coats ofthoaa tonnta on which there waa a6 Tenltet^ aS«» ■,. wt^LJ V QiQIf IVTa |« I T . ..JIN .., ., .. . L. . I I. ., .., , .... , r tW n ^■^■s. as, Thit where any nolU pro$equi shall have been entered upon any count or as to part of any declaration, the defendant shall l»e entitlod to and have judgment for and recover hii reasonable coats in that behalf. .«6. That in all writs of Scire Facias the plaintiaf^ainine judgment on an award of execution, shall recover hi» costs of suit upon a judgment by default as well as upon a judgment ifter plea pleaded or demurrer joined ; and that where judgment shall be given either for or against a plaintiff, or for or against a defendant in any demurrer joined in any action whatever, the party in whose favor such judgment^hall be given shall also have judgment to recover his costs in that behalf, (x) DEPOSITIONS. I , "... • , •• ^/ , 'P^, • ^th George la, Cap. 90. ,Sic. 1. Be it Enacted, That when it shall happen that any of tli« witnesses which shall be judged necessary to be produced on the tnal pf any cause between party and party, shall be infirm, aged, or otherwise unable to travel, or when any such witness or evidence h obliged to leave the Province, it shall be lawful for any one of the Judges of the Court whe^e the cause is to be tried, after declaration Wed, on due notice given to the adverse party to bo present, if he sees fit, to take the deposition of such infirm or liged person, or person unable to travel or who is obliged to leave the Province : and such depositions so taken and certified under the hand and seal of the ^j Mid Judge, and sealed up and directed to suob Court, shall be re- . oeived as legal evidence m such cause ; aod|dK> when the tiUe to land shall be in question, in all future caif^fetween the sam* ^ parties 6r persons holding under them, for tiftjpi land. 2. Provided Aat proof be made on oath, that due notice wa4 given to the adverse party of the time and place of taking such -mf^ depositions. ■ s " ^" '%r~*— ■Ml <«) It hM beeo held under Uifa i«l, ihtt If JDdWieiii fa __i_ ,^ d ir* i. /^ 68 3. Thtt if such witnQS9<>« shall, at the time of the trial, be in th« . Province, or able to travel, tliopr shall be required to give their tet- tiroony viva voce at auch trial, in the same manner u if such deposi- tions had not been taken. 4. That all benefit of exceptions to the credit of such deponenta shall be reserved in the same manner as on producing witneaaes for examination vtva voce, at the tria|» 6th miliam IV., Cap. 34. Sec. I . That it shall be lawful for the Supreme Court and the several Judges thereof, in any action depending in such Court, upon appli- cation (a) of any of the parties to such suit, to order the examination on oath upon interrogatories or otherwise, before a Judge of the Court, or any other person or persons to be named in such order, of any witnesses within this Province ; or to order a commission to issue under the seal of the said Court for the examination of wit- nesses on oath, at any place or places out of this Province, by inter- rogatories or otherwise, and by the same or any subsequent order or orders to give all such directions touching the time, place, and man- ner of such examination, as well within the Province as without, and all other mattera and circumstances connected with such ex- aminations as may appear reasonable and just. 2. That when any rule or order shall be made for the exanijnation of witnesses within this Province by the authority of this Act, it shall be lawful for the Court or any Judge thereof, in and by the first rule or order to be made in the matter or any subsequent rule or order, to / command the attendance of any person to be named in such rule or «/ order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such rule or order, and to direct the attendance of any such person to be at his own place of abode or elsewhere, if necessary or convenient so to do ; and the wilful disobedience of any such rule or order shall be deemed a contempt of Court, and proceedings hiay be thereupon had by attachment, (the Judge's order being made a rule of Court before or at the time of the application for attachment,) if, in addition to the service of the rale or order, an appointment of the time and place of attendance, in obedience thereto, signed by the Judge or person or peivons appointed to take the. examination, or by one or more of such persons, shall be also served together with or after the service ."WW m- N„. # .of luch rule or order : Provided that the service of oytry sue i rule order, or appointment, shall be by shewing to the penon whoM Mtrndance is required, the original paper under the hand of the Judge or person issuing the same, and by delivering to such pLnoo a oopj^ Iherpof, or a ticket containing the substance thereof; aijd that •very person whoso attendance shall be so required shall be entitled to the Ul(e conduct money and payment for oxpencos as upon ittend- •nce at atrial : provided also that no person shall bo compo led to produce unlijer any such rule or order any writing or other d lawful for any persons to be named in any such rule or order for taking any examination in pursuance thireof. and they are hereby reouired to taake, if need be, a special repjirt to ttie Court, touching such examination, and the conduct or abienoo gr»ny witness or other person thereon or relating thereto; and the t>ourt IS heref)y authorised to institute such proceedings and iiake mh orders upon such report as justice may require, arid as mav b^ inatltuted and mariA in on» ««— ^f -„-. 1 -r?L. '^ art " ^|lftitut«fd and made in any caseof contempt of the 'f^ 6. That the costs of every rule or order to be /f "•.*"!»» ine costs 01 every rule or order to be i^de foil the / •xaminauon of witnesses, under any commission or otherwise, by wtue «» this Ao^gri of the proceedings thereupon, shall b^ cos a in the cause, (ft" '•"'**-^~»»' — :— j: j ^ .. '^, . .^ r r r •^otherwise directed by the Judge makibg siuch orU^Uumed to the ProTince and been exunined et ihe trial; thooRh tbe deimitiou hm . j««^ allowwl if the depoeiuona ere not nMxi at the triml.-CWftv ^.Js^BU^» % Do rUk It ie diecwtioBMy with die i ■Mi Rmln eonnttr toiBre V. MvVy.lIikry r. ISA. tl '•wweaOowwl^ lna(Mw;oron^thecodtoor*eanBieakw. laUMi \! 70 €? rule or order, or by the Judge before whom t)i^ cause may be tried, or by the Court. " . ■■' . ., "♦ ^^-n ■■' • - " , i ■ " ■'. ...,■"■*' ■ • . 7, That ne examination or deposition to be taken ' by virtue of this Act shall be read m evidence at any trial without the consent of the party against whom the same may be offered, unless it shall apl pear to the satisfaction of the Judge oh proof by affidavit or viva voce, that the exammant or deponent isout of the Province, or dead, or unable from sickness o^ other infirmity to attend the trial'-; in all or any of whjch cases, the examinations or depositions certified under the hand of the Judge, Commissioner,, or otheg^iersons taking the. ' same shall, without proof of the signature to sfh ^ificate, be re- ceived and read in evidence, saving all just exceptions : (c) Provided that such examinations or depositions shall, be closed up under thi^~^ '?i i^ , **^®' Commissioner, or person taking the san)e, and addressed to the Supreme Cotirt, and shall not be^opened before the tnal, without consent of the {larties to the fait ' *> ' *.-• . ! * DISCHARGE OP biTBT^^lftS. *., #- // 6vithout losing the benefit of Jodgm«ii obSinld against^such debtorsi Be it therefore enacted. That it shalland may W lawful for any creditor or creditors, at whose suh any debt44 debtors is, are, or shall be in prison, and take© or charged in ^e^ tion for any sum of money, by wnting signed b^ sucF crediwr W^ creditors, or by one of them, for and in behalf, of himself. or heiaeflfl and the others of tbent, (being complainants in thfe Mijie4ctiorf,) to ' agnify oc declare his, her, or their consent to the discTharge of such ^btorbr debtore from the prison in w^ich he, shej or they is, are. or sHall be confined in execution at the s'uit of such, creditor or creditiw.' withopt loshig the benefit of the judgment upon whi<;h such exfc^^n -.s^^kS^J^'^JS?" **"? 2**™"* under acoromlBBion and retnrirtd whh the coamiraionareail' ninible in evidence without proof that the commiwibner ha«Wtim1&r«S?im^^ AecommiW The Court wMlp««HBe that thi- haa bS£?,SSlS.fflJl£ , SS^— T'''"'? "'■ *"?' ^^^r **»' Neither is it a sufficient ^d^rSSrtK?£ iS?^'Zl!l. -^ '*'!S".K * *«...«.* befort a Judge, thkthe hKw w2SSC -^M^i!2^T' "I**!!"' «f«l»eP»rt'^ during an adjournment of the eMmiwZn.XSriS- aifBuga'cantioaU) die contmry given him by tfiHudge^-^TrSS KerTSS «Ut where one ofJ» termsof an order for ^ oomn5Mion.#?WtX iiSHf AeSlL^- ■^uU^fiBauJjed to. the Defendant a certain uunber of d^ %<«er*a5^mSr. k WW«5 the «««««of Ona^nuAwd their depodtioni -^SS^S-SSStr^ *■ BfTTllM > \ % \ :■ V'-m 'iili ^V^.' (i "•5^ ■li' •♦ n . X y.\- . as aforesaid! the julSull^^ P^A^^ «f «"«h coi^em were take* or chirS eStJ«n ^ Tl ^"^^^ ^^"*'**^'« ^^ «' forceto «M/intents fnd purZr "ctn^^ ^^^'"'^^ and remain Jn full and it shaU be lawful for sS^^;.!ir'^* ''' "' hereinafter provid~ed ; .take opt exe^t Jon e^ery such^^^^^ T^ *''"*'' ^ Tnents, l,eredi^ments.S ZdoCTil ««9>ngt »hi lands^tene- o^any of themlSth^^t^ t ^^? ^t"^ ^' ^^«, ■ . ding of him, her or them This ZZ\b T3^'^ ^^"'^ «"*> ^^'^' tools of his/her or then^ln^^^^ ' fifteen po^^J^^i^ t ^^17;^!?^"'"^^ ^ every sJch iudJbe^ ^^ h^ ^ '^""^ ?" action or MioBS m ' therLvery ofh?s her n^^^^^^ "'^ any rem^^. for pe«on. HS/Xtirf;\re sal rj.^^h'^T^'"^ otfor pe«^n pr , ^ such creditor or cS« couA^ ^™f Planner is •. such mo, or debtlraTarnever bTef 1^'^" ^'l^ "^ ??"^' '*» ^'W* ' * upon siich judgmem • PmS of ^l" or charged in executiop thai no Jnxjeeding S' X^/r«!.t^^^^^ °° *">:«"«'' i"^g'»«nt ; and ■ guilty rfrf«,«Li(, orte o^e.br™^°^hw''K.*S'' *"/'^'^ : ttd left wi* "Pch.SherirgaXi^il ^ht^'^?'^""'"' "S- ^. ft.. u„o oni,» .Judg«^ „, the Cou«,^trf which SiSltel; ,^ -^ ''-0 '#T € ■"^ i)!: ^ •^■■ 72 against such 'lector or debtors issued, or a Commissioner duly autho- rised tatake affidavits in |he County where such debtor i or debtor* stall be confined,) t«»di9charge and set at libprty the deb^ dr dejrt- 9rt to whose discharge such consent shall be signified or declared a* aforesaid, if he, ^he, or they are in custody only upon the executioS issued at the suit of the creditbr or creditors signifying and deciarioff such consent. \ • DOCKETS. t^. 8th George IV., Cap. 7. Sec. 2.^Be it Enacted; That the Clerk of the Pleas in tite bupreme Court, sliall make and put in an alphabetical docket (<0 by tKe defendants' names, a particular of all. judgments entered in the Couw, which shall contain the names of the plaintiflS and defendknts,. aftd the debt, damages, and costs recovered thereby, and in Ifhai County the actions were laid, the time of signing judgm«|it and tMe number of the roll ; that the said docket shall be ftirly p^t and kept . ip a book in ^e said Clerk's oflke, to be searfched and vitiiWed by all parsons at reasond^ble tim«s, paying the legal fees for a searc^'t and that in order to the making of such docket, every Attomey-of !he Court, on taking in the judgment roll, shall deliver to the Clerk a docket . paper or entry, containing all the particulars aforesaid, except'thc time of sigmng judgment and the number of the roll. Vn 3. That no judgment not so docketed and entered,'shali in any . manner, affect or bind any lands, tenements, or real estate, nqr shall / any execution or other process issue on any judgment not soJuketed and entered. r " <^^ f GENERAL AUSEMBLY. ■^*. . « : 8»e v. Hotfidd, 1 Keir Wt «&i?r^L^r^?7C-SF"J^^.:^"i^^ / -*-. - T!P if wf** m • -So^f^'i'"^ JJ"™^''" ""! "'^ ^^««^y'« C^ncil, a Member of the Ass^mblv ^tft r t" P'T? *^^^'"« P"^"4e of the Gene.;! Assembly ,f the defendant or defendants shaU not apnear at t^ return of tl^e summons or within twenty days aft^ sucrjerul in every .uchcase it shalf be lawful fo" th/plabtiff S plattr lo^ a. Provided nevertheNs l»,t nothing in thU Act Jontained nh.M _Jhe ptmlegegt thejCeneral Assembly, lo be arrested rtstraln^H H ^n^'h'*.,''"""? *° """" "f^""" privilege: CtharevTstT ;i^; /*■ "O. ®, \f:,Vi--i*^r j.r',. •V-^ a 'A INIVIALS * V ^^'^ ^lliam IV4' Cajt, 14. ^$eo. 18. Be IT Enacted, That in all" actions upon bills of ex- tSZ'TT^^^'^''' ""'^^ ^""^" instruments,any of th^ cott^ctrSr thrc2t"f '^'^ ^ '^'"^'^ ^^"^^ - We^/or Lm^ comraction ol the.ChHstian or first name or, names it shall K«,«,ffi c^t rn^teyy affidavit W^^l^.^ in^S^^L ^.Sl^ thrSln « 1^ ''^"Y^'^l^'"'^ y °^™^«' instLatr of statinff' ^ineObnstianorfirstnam^orVmesinful, f T »^«""S ■\^ '.'^-^ . i IN;4cfl^Y*jMrR^.T OP "^ V ..J^' ' ". ■• ^ ^* ^ L_ *6&^' Assessment y) '^f '» ^:: INTERPLEADER. (/) ^th Victoria, Okp. 2tv^ ^' • *' Whe^as k oft#fl Mppens that a pers^ suedf^t law for the f) T^ practice ^ 14, « 1 , post title «« Servke ff lyrits. (^ decieions upon tfaja Act, will be foniwj j ritlTr, #i!tM Mt^m l<^e»im) lewirea to ia the notbrbelow.' 'B Chit . Arnlh ftli bJ. 10t »= .^ ' -H^' K ^. > ^ -.^ -■■;:?^:jfJ^ 74 - :>*»■■> ■■:■ «*> I i\ -K recovery of money or good^ wherein he has no interest," and which »M also claimed by some ttiird party, has no means of relieving him- •eff from such adverse claims, bAit by a suit in equity agair^t the \: plamuff and such third party, usually called a Bill of Interpleader, which IS attended with expence and delay ; for remedy whereof, Be It enacted. That upon applicatron made by or ort behalf of anv de- fendant m. any action of Assumpsit, Debt, DetinUf., Trespass ors ♦ Jl^r ft T"f'"^-'" ^'^^ S,*preme Court, such application being ' irtade after deciai^ation and before plea (g) by affidavit or otherwise, shewing that such defendant does not claim any interest in the Sub- ject matter of the suit, but that the right thereto is claimell or sup- posed to l^ong to some third party (A) who has sued or is expected "^ to^sue for Ibe same and that such defendant does not in any manner collude with such third party, but is ready to bring iato Court or to pay or dispose of the subject matter of the action in such manner as he Court or any Judp thereof may order or. direct ; it shall be lawful for the Court or'^ny Judge thereof, to make rules and orders calhngupon such third party /to appear and state the nature and particular of his irtaim, and maintain or relinquish his claim ; and upon such rule or order to liear the allegations as^ well of such third party as of the plamtifF, and in the meantime io stay the proceedings in sucli action and finally to.Order s«ch third party to ««4ke hiraseW^ defendant in the same or some other action, or to pfoceed to trial on one or more feigned >ssue pr issues, and also to„ direct/which of the parties shall be plaintiff dr defendant on such trial, oi/wjth t^e con- -IT- (g) The aflSdiivit should stew that the application ia made before t/ka. nleaded • hnf th» «l. jccuon may be waived, or^he affldavi^ amended. -JvJT. HTyZlTStk S m / \ t*) Where the Defendant has entered into n contrapf with tli» p4o;.,.:efendant is sued on a contract mate bv him with thp Plnktiff/ ^„ j wiiere a goods is^ued^tl^ef^jrKir'^cS'an^^^^ he IS not entitkuLto relief undee this Act.-Slanev v. «Zv Jur^r^ft,, !?^ ^' out of an uncertainty which he cannot avoid: as where the assiraep ofTl»X™,t *. f* , they werc-nfterwards seryed with a notice from a third party SatUie Plai-^fF^l? ■ ' ' r,e^ to b.m, and tha| tliey^ahoBld «ot ?«v tte n«Hey to CanX Plaktiff dl^d tfiSZ::" . nuge; the case was hel.t to he witbi^e Ac..-CrdUn v. i^Si, 6 J^ m , Where mon«^y ,s paid into Court to abide the e^ent of an issueX apnfeatSbv thn «.c . cejsful pfirty m obt«.« the payment df tlK- money out rf Court, must be ,CST^^«Zl , action, and not in the iMucs-Jifri v. Co#., aWl. N. Sr m ' ociguwl 'S ;■'.■ c ^/' ^4 1^. n ■) •' ..^ 1* an / . 1 w) th ■ tin of on got t 1 not %.. \ \ M M. , ?, ^ 4 f V, » -i^ V f?/ xr .>^ atiti which Bving him- gainst the terpleader, • hereof, Be )r any de- respass orj ion being otherwise, ' the huh- a or s'up- I expectetl. " ly manq^r 3uft or to nanneras shall be lid orders, ature and aim ; and iuoh third oeeedings e himself o trial on sh of the t^e con- ; but the ob- .3.801.; urred ,a per- as where a ' son tort, for ▼. Pritchard, w«rk is done but anpther lom he con- litrchaser of :laiiii8 tliem, . it .is othe'r- to he^ him t factor aueil proceeds, as .. snefit of thq' cases where bright, 8m: in equitable >ndiuits,and B. since mar- ted. the nuu*- by the suc- be ovtgtiMiI .f !!*»»■ f .i-. " ^• '1$' '^\ "<" sent of the plaintiff and such t^ird party, their Counsel or Attomies to d,3pqs.e of the merits of their clL,s and <|etermine ho stmeTn a ZT:^^^Tk7JlrV'' "^'^^"'''^ otheJ^l^and^o^er/he^i; rea^bt' ^^V*."^ ."'-^ ^^^'^^ '"""^'^^ «« '"^y appear to be -just aftd ^ ' '..■-.^ ^ ■••■••■'%••-.■•■ V. ( • > bvthe^dbuJT^I^'"' Ir^.^^ °^ may be directed i>y tne i^Qm or Judge, and the'decision of iJie Court or Jud''h'8 «»«« . on execut on, fails upon an i«,oe diref ed" tnr thTvalid^ ^f I.'^'f ™*" u °^ «'**^ '"**" ,;»ftsof the application and of the «Aee?ue« dSTJ „T^^ ' 67. No coets are allowed la mattwawMsina ^M^^^i^^: *?**' «!».& fi. ■ ■ .' , ' •'^l^ 'V *• 'J J ■' ," *v .. The Court hwjw power under tiiis iecUed; ta«iitB»d eo^ omIS'L' J , V -. «• .,4-; 4^*'s'H hi:*->: ilii ■'i •ii *#* ■■■ \ ? /■ ; b ■ 76 and dispose of the santie in the same manner as K{ the proceedings had originally commenced by rule of Court Inat^ad of tile order of a 6. And \yhereas difficulties Sometimes ari* m the Execution of Frocbss against goods and chattels, issued b/or under '^ authority 01 the said Court, by reason of claims made to such gooi^'and chat- tels by persons not boing tho.parties against whom such process has issued, (m) whereby Sheriffs and other Officers are exposed to the hazard and expenco ofaqtions, and it is reasonable "to afford relief and protection in such oases to such Sheriffs and other officers ; Be it therefore enacted. That when ally such claim shall be imdeJn) to any goods or chattels taken or intende^jllo be taken in execution under 6ny process issued oih of the Su^i'^'me Court, or to the pro- ceeds or value thereof„it shall and maybe lawfiil to and for the Court, upon application of such Sheriff or othe^lfl^cer ^^ade before or after tbe return of such process, and as wejl felfore as after any action brought (o) against such Sheriff or other officer, to call before them by rule of Court, as well tjie par^ issuing such process as the party making such claim, and ihereu^On'^to exercise for adjustment of such claims and^the relief and protection of the Sheriff or other oftujer, all or any of the powers and authoritiesjiereinbefore contained, and make such rules and decisions as shall appear to be just, accord- mg to the circumstances. of> the case; and the costs of all such' pro. ceedings shall he m the discretion of the Court*^ U,/ ■,■■■■ ■: - •■ 7. That all rules, orders, matters and decisions, to be made and done in pursuance of this Act, except only the affidavits to be filed may, together with the declaration inthe cause, (if any) be entered v 01 record, w«th a note in the margin expressing the true date of such •* entry, to t^e end that the same may be evidehce in future times if .required, and to secure and enforce the payment of costs directed by any such rule or order, and every such rule or order so entered shall have the force and effect of a judgment, except only as tQ, becoming ^ a charge on any lapds, tenements m hereditaments ; and in caseVn-V ^ costs shall not be paid within fifteen days after notice . of taxation ''' 1 hJu}A^^^^ Koods'wewieiied under an execution against the Defendant who alleired th»t h„~2 1^^^.^ Sheriff had seieed a horse under an execution, »* the Urmm chUwnir "tli*. horse brought an action of trespass against the Sheriff, who applied for r^LT^l^^AS^ the Court instead of directing an issue, ordered that the action -OHJuld pXeTwd that t^ d^^^A r^T' f*"l ''.''°"''* ^ substituted for that of the St^^rfifrT^is^i hadbeJ^ I\ \ * <^ ■ ■'- ■ "... j- • and amount thereof igiv6n to the party ordered to pay the same hi, ^ejj or Att^rttey, execution may'iss^ for the m/eZFi^i^aJ^^ %^''' t-'^Ti'''' ^^'^P^"^ ^« »»'« cas^ toother wmfX S"'u7f:*o^ ' ''^""f^°" ^ ^"'^ such Vrif and wTrfi^ vacaton Th tt l^-?^.''^"'"® *''«««'»«, whether in the term' or ^ vacation, and the ShertfT or othef officer executiri^ any such writ ha 1 be entitM to thasame fees and nd more as upon Lv ITi" wnt grounded upon a judgment of the jCourt. ^ ^ ' K JOINT nEBTORH,; .. .^ ,^' * "^ * \ n ^^ • -• . . t * ^ ■ , - ■ " . ' f • ,; ■ ' '. ■ •^ mh George IIL, Cap. 2-4. / /y '^''^'f ^^f°'l'"^ often put'tojgreat tttibteand difficultvin / ecovenng debts due from oint partner^ the proceedings tooutW ^a.^t persons who cannot be taken by precis, not bf ng in usTri tf^is Provmce and doubts have arisen whether any one jolt partner IS now compellable to answer for the partnership ibts unlesVan are brought into Court, whiclv many ^imes cannot be done fo remedv whereof, Be u enacted, That all persons that now aie/or hZfS shall be jointly indebted to any cither person or ^^'JLu^ fo rZ r' 'w"^'^''. °u"'f ''°"' «^«"^^ '' »hing wLtsoever, for which we^e o"^ cou 2 h' "f ' I' ''^^^ '*." ^«-'>^^^fc debtor in LI all were or could be taken by process issued out of the Courts of tb s Province shall be answemble tb their creditor sepai^tely for sich debts ; that is to say, such gi^ditor or creditors shall and Cy issSe " process against such joint debtors in the manner now in usTand b case any or either of such jd^ debtors shall beltaken and Vr^ugS into Court by virtue of such process, be, she orAthey so^takerand ..biOH<^ into Court,'sball answ^ to'the plaintifF olia miffs case tV> judgment pass for the plaintiff or plai^ ' W uT'W' *¥"- judgment and execution against rhes^^haT are brought into Court, and against the other joint dibtore S^^ th! process m the same manner as if they had been alfuken and brought into Court by virtue of such pro^: P^vkled always that i-' T ^>^^' ^y virtue of this Act to execute such eSutbn against the body or tbe lands or ^ds, the sole pmperty of aTD^r" ^^WjiSg^^- ^^y«h^a^s;s^ ■ t \F' „- . : ' - ,1-. ^: ^:?:- ^- r^JSUteaasisia^r^ =3||SiB #. .■■♦- i" -•^'T, f • • F ■; i.;-:;v)*i.'^ 78 1 || /• ; JnilY, SPECIAL ■ (I 7 Sec. 6. Be it Enacted, That upon m/tion inado in the Suprerrte Court in behalf of His Majesty, or on lh/ino»tion of any prosecutor or defendant in an indictment or information ^r any misdemeanor, or information in the nature of a quo w/rraMo, or on. motion of any plaintiff or defendant in any cause defending in the said CoUrt, the Justices are required to order a jup/ to >e struck before th^ proper officer for the trial of any issue^in sqch manner as special juries are % usually struck in the Court jipon trials at bar. And in all cases the" party who shall apply fopff special jury shall ndt only pay the fees for strikinjfthe same^lxft shall also pay all the ejcpenees occasioned by the trial of the^Kinse by such special jury, and shall not have any other allowance^r the san/ie upon taxation of costs, thU such party would be entitled to in casp the cause had been tried by 9 cbniiiion jury, unl^the Judge bfefo^ whom the cause is tried[ immediately after t)>^ trial, certify in opdh C9urt, (9) under 4iis hand unon the ba^lTof the record, thit the* same was a cause proper to be tried bv -lipecial jury. , j"; j ' Ifh William IV., Cap. 14. Sec. 31. Whereas the provision of the Act 26 George III., c. 6,5.6, does not apply to cases in which the plaintiff has been non- suited, and It is expedient that the Judge should have po\Krer of cer- tifying, as well when a vlsunttff is .non-suited, as when he has a verdict against him ; Be it enacted. That the said provision of the said last mentioned Act, and every tkng therein contained, shftll apply to cases in which the pkiKiiffsttall be tion-siuited as well as cases in. which ■a.JiflBa^ict.jihall psu ^pmac him. ■ 1 It ■^" mih G^m^ JK, W^6. ■M- SSec. %. Be it ENAbTEu. That wnere a wear aul be allowed, six .» ¥m^m\^^ p«!«a-ibedbv rate of Hilary T 2 VJk^mmrp. 87. A- to the niMfe of pro- ceedus^albiB wrrt, mm nde »-J«lary T. 9 Ge« 4, -iite p. m,md poM title « S^BFaciw " --£:^'2ilLJiL^!!!^ ▼: «*«b;8 Gai^.: 81«. n m^.. h«M that * applicatioB for a certi($cate th« ^-'ii^tii- -^4^,- ■; fc' '■„ (ft. 1. " (l> w„ ■»» of the W^Wmore,Av;ho^bHWcoo4.,H-to'onlwth sicks or if shaH TbroWnn If^'i' 'k u^.**"' •'"^«« ^fore whom the cauTe' snaH bo broopi on lojrial^ gh«n havri the view, and ahall h« fk^T •'■:vvW -v^ i LIMIT BOPIU; , ' ( thereunder written thrrTuch defiant sCnnT'"'' "^T '"^l'*'"" out of such limit., or esc"ape 'rtTy tLt ^^^^^^^^^^^ the same as aforesaid ; W the Sheriff shall be Lthied to Sf^Lrf and receive for maklnff such h^ fi.,o «» ii- ®""r" ^^ d6|hand such bo«d shall betfhe fl1g^^rg.-l"'"^ """ "" "'""'/«' ^' Know .Umin by , base pr^'„ts,l,a. we are held and fi™ly ■ tbe „id Sheriff or hs Z^ll^^ey'^^Z'':}' }". "^ P"'""" .Jigns, for wWch p,y™e« u. ^' ^^"Idtr'SS'r ' selves and each of us by himself, for and in the whole I!- .^j/^ ^i^^.t^t£MS^^2 (r) It has beeo held under this A( n«de by the.CoToner, lie ha. the ^fVffrfr. 1 Krrr 348. ^ ^'A^ where the wrU is directed >, and the am«t is ' lo ^v^ ^''^'^''''''l^*???^^' [||gj|gl^^jij^ji- . . fy ■ «* Vs m 'l^frii ;, ' 4 *50"'J'*»«laSfJte « iucii, that if the said »fl.all iiJJ^jwfho at largo out of tlie suld'Jhiuls of «upb i' '9 ■ i ' 1 . 1 m ! (f A ...'. 1 J '1 , m ' ^ III ^ttpe at any t.m0 whilo ho htos tho liberty j|^« Hauic as aforesaid, ^6n this obhgation is to be void j oilier wisflTreqiain iu full forci . ■,...>nd virtue:" :^ ' ■ . . '^ ^ . •;-#- ■ * - Which said bt)nd. the said Sheriff or his deputy, « limit", the operation of Z^K ccasei a^^^ iLiT^r-""' r Tf '*/•"■ •^ ^"l-'q-ent escape.-CamS v. ifman, Bert. R to' So, a limit bond given by a defen.lant in custody ojiincs^ process does not con in«9 uforee ^.aS\XVa"newr'"'"-'''^ ™''= ^ SheHffough^to coiTe tt SZnt w£ 2 K^rr filft Si r ^^^ " S**"" "P**" ^ "'9'" «"«'«•• »»>« execution.-Oord action on a limit bond-— Cam;*,// v. i. a» TS!-'"'"" •"'•Sg ■'«»'»«"• to the one respecting bail, in the statute 4 & 6 Ann, c. 16. Wh2fi Pl'^rVT" A •""♦•"«,«»' be applicable Kere.-Sce 1 Arch. Pr. 2d.1d 99. ' oneofwhich «™i ♦i?^'* ? discharge the defendant out of custody on certain condiUona; .KmiU- thLcoZ^r^fejr^r*'"°''''l'=°.!^^^^ of which 'agreement he left thi ttet U^i^osS rrTS^ ^^'^"^ ^ ^'* '" "iS '"'h^ °" *»«' "«»'' *»"d. unless it appeared U^ should 4 t^rpn^n^^/r^"^^ ''• ?'^' ^'\- «• *?<>• A» agreement that no idvan- Sis suSt ^!Lf 1'""'"'"T '•'.•=^8^ '^ P"-"*?*' '*<^?««tion, cannot affect the right DlicaUonToiVpl^f m5l "'*'^ '"?''•' y"^ *"'■: Pri^i^^— 0«^ v. Fra^h, supra. The Sp- / ^■ tfi /' il( other CQUiHyrFslwll be lawfbl Co, M CktkouiL Pitas tioon t,,^ ducuon of the ,K,«tea ,ig„.d i„ the mar^ia by th^lS^^SJm, .be postea, to ontor a rulo for judgment on the postea.ld S i^i the >ith: ProvKlvd always that .t .hall he lawfaJ fot 'tJte Jiid^ bS ' it^^ whom suoli Sittings or Circui Justice ma^ appear so | cording to the c ire u rust, postoa, and the entry ^ Court shall nriako order in Provided also that no rul^ by the Clerk of the PJeas ^ twenty days after the last day thin nnatAn la ixititiHtoJ . i !^ ishi '7 , .11'" »i'*"»»K«^ W«3)'VfVII|M iH be hold, in any <^4w where upon susnirjons 6r 'teot^ ao- order the retiHri»»rt| of i6e ^nt to be stayed i»D til th» . iioj^t succcedihjg tafni' ^ iho posieft ?hall b.<. .1... .j^r ail!'. simng of such Court, ■U,.olfi«, who wum's t% p«le. « ,« S* ., -. , ^''v ■ '■ ;Y:^■■ ''.■■.■■:■■■;■■■•■'" '^" ^' 'lilt:' V'.' I'L": -■',,.■ ^ U. Thatavery^jtii^^entto^bee^te^^f?feS^^^ be entered upo,; record\s the jUdgnH^nt or tCcLrt " « Court may not b^ sitting on the day of th^/sigriini and enl Ko^ i^"?;.:^!:?" ^'^^m^^ virtue of thi^,ict.^baii ;.ndC;^ ; Zhl Is valid aL^TV r*"'"^/ r**'*=\j"f«'"^"»''"d«*«^^"'4' of 1.L !n7 • ^ ?"^!i. *' ** '^ ^'^^^"'"^ h«** *^««'> signed, entered of record and ,ssued a'ccortl.ng to the course of the eoraragq kw7(u) . ; 12. Pjovided always that it Mi»U bV li^wful for the party entitled to any juagment, under this Act, to posipon, the siS^therS Prov,.ded also tha(,;„9twitl,standing, any>dgriient si.^^ and em^ Pf .^o,^ or execution issued by SirtiiUf tIS Act, UshaU^bSu^ be sted'^S alldtl"^^^"'^"* '" ^^^ ^-«*«^' ^^ execuJlon U^ on! * • ?^ * "*^'.*'"^ ^^^^^^ «" arrest of judgment or irrant or of'lhr''' "T^ wru of inquiry, or a new assessment of d«ig^ or of the amounW be recovered, ^s justice may appear to 3r7' Zti^/Lu'f"''^t'' ost-thereby,,:in such manner as upon : tj^h^^^o j^^^ '^y w^t of errpr,orotherw^asthe ciLrt - ■.n *;?: .*&^ X") An execution i«ted on the day a, }» igguecl in varari™ ..~. J «lf the iireo«ling ten», altlmKh irreLlir u!^', l.^fv " * "f " » J«'g"»«W «ntered up at< on the ««e diy that the «3? i.^tuSStZf . .SlC!^'.'' '^'l^^i:" " J'^P"""^ •'P'*"' from the first ^ of th, t. pn . h^S i g f rt f 'ij;/ .! ^j l ^S ff fe^. *^^ ''"I'x '=°J"P"i!5S„ u * — -•- - - ^-^r" TOUT ODD. / .• i ' i-i v/ I the alia$ or sommanded |e recital of Qcessary. Irocesses de- and deliver khePlaintiflTini, f*5e {I* J,. h 1.0 f.^ ^ L25 i U 'l 1.6 < i \ •■*■ Coi^ralion * ■.,, 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 '^ ^ ^ -^^. M ^ H|. -.~ ■■''■"■ r.' -. V f-:^ . • ^^B - ■ t \ "" ? " ■ ^^B * " . • \ » * * * \ ;-M ^ ■ \ « * ■^i^E- u »« V V • * ''^T . ^' ♦ ' :■'. \ J _ 1 » \ ■■'■ . ■ " , ' \ / # > ■4 ^ ' "-* '' • ■ ^^B ■, ^ " \ - . ^ I .^ ■ . "J \ \ * •t, *■ , ^H s ^X.^ ' , ^ \.' '^ \ ^H ' " ■• ' \ - \ 1 ' , if \ \ .» < . ^^B m ■s \ ' > H^B < \ \ ' V ' ' .A - ■ ■ \ \ 1 • \ •^J; '.'■-' • ■ \ \ ■ 1, % \\ ' • • )^ '" V ,: \\ ' « r' ' ■ * ! \\ - 1. '1. -' ■ ■ ■■' -.-■- :' :^^ / . :• ' . /r :. .... > , '.V . ...1^ H * r ■ ■ , « ^ ^ ' ■ - ~ - ■' • V ■ ' * ■ "^^ ' r^. \ \ I ' ^ ' •■ ••-"' ^^^--^ ■ ^» \ \ * |H * ! ♦ - , k N' ■ ' ' ;.* ' ■ ' \ ^y "■/ ■ ^ - \ ' I^B o :'■• / - - ■*■ " - \. ' 1 . j^ - •■ ■ ' . ■ . ■ « V" I * * , i ^ V \ 1 ' \ . i. ■\ H * ^ y \ H c '^■''' ^ •\ ^B " . . ' i* , i '\ \y - V B .. .'.'■''. ^ \ ^B- m * \ ;^^«, ' 82 la/ Victoria, Cnjt. 13. Sec. 1. WiiBREAs it is expedient to amend the provisions of the tenth sec .on of the Act 5 William IV., c. 37, in the following man- ner ; Be .t enacted, That in any case in which a reference to aS- tion shall be made at Nisi Prius, and it shall be ordered that the' award of the arb.trators shall be returned on the postea as the verdict of a jury, and the award shall be filed with ihe^fficer who returns £l&' w " t '"^ '"^ °f '^' ^'"'"S of the Court,!uch office s la hloTr -f r'^'" ^'Tf '^'^ day on- which such award sliall be so filed with h.m instead of the last day of the sitting ofthe Court j and no rule for judgment on the i«,stea shall be entertd until the expirauon of twenty days after the ^ay so set down, and any Judge of the said Court in any such case in which justice may an^ pear so to require, may either upon summons or nit, according to he circumstances of the case, order the returning of the postea ^and U^e entry^nd signing of judgment to be stayed until the Court shall make order in the matter at the next succeeding term. ■■.■■- ' ' '^ REPLEVIN, Ath miliam IV., Cap, 38. * • ^n^'* ^* ^L*^ Enacted, m order to prevent vexatious renreviiKi m all cases, That all Sheriffi and other officei^ having SeSbn and return of w;its of replevin, may and shall, in ex^utbge^^^^ writ of replevin ^s well in cases of distress for rent as in afl oth7r cases whatsoever mjvhich tlie action of replevin will lie. (v) take in thi ftarne of the High Sheriff of the CountyL the tiipe be^no^*?^ he & ' r'rh' '^°r P^^^We persons as su«^ties, a bond in'dSe the value of the goods replevied or seized under sucb writ of replevin (such value to be ascertained by the oath of one or more/^Se i - 9 • , • •• L^.. ' . ^^3SS^^^^^ ^^^^^^ • ^& • —-^ — '^M 85 Cl.!,-' required I. .,l,„i„S,er,) .^ ccZ fo-^ed V,/"'*-'' ''"*/?"^ »"'' deliverance bo madelf .he dSor'Sf"" f^!.^'''' "■i''""" '"X Sfieriffor other officer '..kLr,^ T ^' reprevied ; and ih.t (he ihe ,«,„.„ .„d :S"f .he Avowant ^^J"' r"^' '''•«' " cases o( distress, assign such S^l^h "^ ""'""^ conusance ip and assigned be forfflJt«d thU "^""®^®^ » »na " "e bond so |aken • or,other1>fficerS or persons to wHorh the Sheriff AcWshBilJ^^^^'^'^^^- provisions of th«L_ iiV- his own nLe • and tC ?««;.; ^ 1° ^^*'°" ^-"^ '*«»^«' t^^^eon briught, niayrby^' Je of fhi^r^^^?^^^^^ '*°^'°" «hall be partifs ipon'^JuIto^d af n^ay Ta^^^ln^^ ''^''^ *° *»«« ^a^ sueb ru,e Shan have tS^^^^^^^^^ [^S oli^ iT Slltw^t'^'t?' f ^'^^'^ ^^^" of c,i,tr.ss or self, his Attor&ey, or alt shall Ih''^^ '" ?"u"^ .^"*'°" ^^^^ «»«- seizure of the pi^pertySer anv ^rh "f T''«^'>""" «^^' ^^'^ Sherifforothe?officerexenrtin7»h '^?^^^^^^ the absolute or sp^rrp'^^^^^^ th.n the said'^SheriffSLrdel.-vf^h "^f ""^""^ **»«#»«"•«/ N. *''i?»*i.'ii pri^ilSS*^^ iy '" P"»ceeding. under a writ de ««rf*-», waive his priTilegc at the time he i> »Z^^' *"*«J?"^. 1 Kerr les. But iftlM iritnn.- «i the g,o«ml oflls privilJ!rJ^l'L'^^.'J''J»y''«'ti»'> 'o discharge him oJi!? SSJ > Ibid. Idant : ahd on .nil "f-' '" r'"''^'"' ''^*'" •*" "°' ^''"^fi^^ >^'"' »»'« verdict given SsheHff f.T •'.'■^^"V'J^.P'^^P'''^^^'" '^' Plarntiff, then the said She iff shall replevy and deliver the said goods to the plaintiff- vvlnch sa.d wnt and inquisition shall be returned by the Sheriff "the Attorney who issued the writ, who is hereby required forthwith to con^^lnZ"V''^'f'r^'^^^ •" which such action was Ztent ?r . P'-^ded always that nothing herein contained shall Zel ,fr"''' ^~'" "/P''*""« *° ^"^'^ ««^'°" «nd pleading !Tb?;eltd °"^ "" °' "'"a'' -«'• writ issued, or to fvhich ft '^ 3d Victoria, Cap. 63. m ?f ' ^ V'^^'^'r '^ T" "^^ *"^' °^ ^"y •««"« respecting the property ZZ\ T °f r^P'^^'"' «•; °'*«»y other issue which, upon the same bemg found mhis f^vor, will entitle the defendant to judgment for he return of the goods and chattels replevied, or any par! thereof J; W/^" find such issue in favor ^of the Wendant^; sur.'y may, ,f they shall th.nk fit, give damages to the defendant, and'' the ant til'" nT^r'"'' "P his judgment (y) thereupon with such damages noi • rl '"'^' "".^ "^"^ '^"^ execution for such damages and costs m hke manner as he now may for the costs of suit only. 2. That in all cases wh^fe the property may not already restored to the defendant, the jury hn the trial| issue as aforesaid, may, at the instance and/request of^WBIfendant Ui whose favor such issue may be found, Award to SM^I^fendant llntrJ '\'T '''' J'^"t ^" '^^Se. ; anc| fn^such cafe it ?h! Lf ^ 'P^'il^M^u^' 'i'**^'^ m the^rendering of th2ir verdict : and the defendant shall be thereupon entitled ta^nter up his judgment itti«HTT^°^'"'^^r'^^^' ^"^ '^ iss£ execution thereupon instead of entering up judgment de retomo )iabendo as hS«fofor^ accustomed: and upon the award of such value in damages and in/T\/.^'!Tu' '^^ defendant's right and interest in such ^oods and chattels shall become vested in.^he plaintiff. ^ 1 3. '^lat ail obligors in replevin bonds to be made after this Act lal^s effect,/shall become liable and bound td the jpayment of any lave been ty such j^^;>i^^"£:^^ « .'-J^ermr has been veftlic., or iud^^t bvi-i '^'"=\'"-JJ"'>'' '" ">« P™ceeding,, beendo„e;irSThejLteehaHl^-^" -""'^^^ J-"'"' *"' "« gmnt bis o^der for the r^mova? nrTl^ J"™c.ion i„ ,he cause, he shall such day and nlace a, tTr.ii "^° °""? M°« ""='' •''■%«, «t al^ys .hat sua jJdie may in hi, H-^° f '" f , *""*' ^ *•">"'•«« ofd«, require (he naT.ZL ^ '- ^ . ^^,jihj.^ ^ ^■^imm^^m.. _^-, ,■;< r \- 86 paid^ the /ustice for his fens for making a return to the order ; and "^'itd'Xh "^ °^*'''* ""'°'' ^^'''° requisites shall have been. 82. Tftat if the order and affidavji shall bo served on the Justice before a^cculion %li have issued; U shall stay the issuing of execu- jon a^d .f the execution shall have been issued and not collected, the Justice shall grant the party requiring it'acertifieate of the issuing oljdch order, which, on being iserved on the constable in whose h^ds the execution may be, shall suspend such execution. r ?: ^'!f ^ ^^"^ r"'^"'^ ''^'"'■^ ^^^ '^«^"''" ^ay of such order, or within fourteen days after service thereof shall make return Iherl n writing ,jf which return he shall truly and fully answer to all the facts set forth in the affidavit on >yhich the" order was made- and such Just.ee shall forthwith make and transmit his return to tKo Judge pursuant to the order, or deliver the same, if required, to the Attoro J of the party at whose instance the same, was granted, for the pur][,o^e of being forthwith transmitted t6 the said Judge. 84. That the Supreme Court or an/ Judge thereof, shall have power to compel such Justice to make oJ amend such return^by r Je or order, and by attachment^ if necessary. / ,h«^?; J''-*?n ^^^ '?"'■!' ^** '"^^ °''^«'' ^«'"g ™a«Je, the Judge tmtjSiv t^^^..P'''"/°'" *'"^""S the matter, which mfy from tim^^tim^Bf adjourned as he may think fit; and notice or at the djelhng house, o»by order of the said Judge, in presence of the ^.& "^"T"^ '/"*^ ^^ •'"^S^ ^^^" P'^«e<5 to^hear the pa ! ties, thlf^ Counsel, or Attorn.es, and may receive any affidavit /a) on «nH T«f'''P''r'°''^ °.^ *u"^ P"^^«*^'"«^ b«''°'-« the said J.stice" and shall g.ve judgment m the cause as the very right of the matted „may appear w.thout regarding technical omissions, imperfections o defects in Ihe proceedings before the Justice, which do not affect the substantial just ce of the case ; and may affirm, reverse (J) Salter the judgment either as to deht. Hnmnrroo «. «^„*: :- ...u_i> A • '^^ ■^ A =44-f J3 «^^^I/ T" ■'^% .. '■( eilher party on such review of th.v «L J^ \k payment of ^uch ^oo^yTo bo Zot^ri'"^'H '""^ '^''''' "'« always, that lli» Ju(Jg^ by whom J K^^^ f'X-^ttaejWnt.. Provided •nay at any tin.e bef^e liL fina 7"' •"'"' "'"^ ''avrbec.r granted f'e same for hearffr. Tfo e ihe^.?i:;;''!JS'°" »''»'•« " a"er, adjomrn or any subsequent fe^X^op^:^^^^ "^ t'.e'next' enCg brought on for argument before iho sa S C T" '^."""^° ""^V be . be rendered by th^ Court in the same in ' T^ JV^«"'«"^ ^''all as .f heard and determined before a s^nXrj"" """^ '? ''^^^ '''^° ^"'"ct remit the same to thd Justice of th«P "''°*' ' ""^ »''« Court may thereof in the same mann L be te »S T""?^!^° ^'^ P«y"-n'; n..nat.on before a single Judge Pmvj'Z 1 "* '" "^ ^»^« of a deter- "ess or absence of the Jud J hJ 1^'^''^' '^^' '" c««e of sick- been so granied, 'the Luer^ J^ be 7 T. °I^^^ ^"^3^ »>«-« Judge of the Supreme Court, who^shall u'"^ ^"^T "">' ^'^^' be same power and authority h. thrnl '^?^''^"J^" be vested with had teen allowed by him^ ^ premises, as if the said order 3^Kwlli^;iS^^^^^^^^ wholly affirm^ or revei^ed, costs a/iirmed in part oK alLVd ^f 1??^ i '"Ji '!; ^"« J^^S-enrbe discretion of the C^t#«„r i.?? ^ '^^ awarded according to the Judge to be taxed^Tallowef i " T"". '" «" cases before a before the Court,4() be taxld ^ ?. '"^i' •'"^««' «nd •" all cSe^ ^he Clerk, as usu'afin othe' cas" finT?^ ""^ °^ ''^^^ J^U^ atttchment. ®' ''*^^' «"^ *» be recovered by process of a Justice's Court, 'ertiaeftbe h^^^^ S' T J"^^™- "^^ judgment may be given, or of the Piri r u* i^"^^"" ^V ^hom such Court, shall in all Co^r^ L evid«£ V k*''^^"' '^ g'ven by the preme Court or J/idge and r oo^ V^^ J^^«°^ ^^ «"ch Su! Court or Judge, fif '^ any of tSU^ V ~'? *>^ ^^^^^ of such certiBed in like manner, shaS t lu ^^^.t^' ^T '" ^^ '^^^^^ «»•» Pr order. * "*" '" *" A^ourts be evidence of such rule *e Peace, Zll be fin7":S c^LwiT'"''"'^ '^'■''"' ""•''"''«« »f •'\ i»< PSwoTM, Cop. n. T — ^=i«^ ft^ iir^W" rrr 'V%r,ff' / 8« of tho S.i|neino Coiiii, a writ of uttuclinieut nccordiiig to tlio form in Iho scIhh ule I.erounto annexed, rfr to that eflbct ; which writ tiro Clerk o the said Cc^irt »hall issne upon the fiat or order of a Judge : IVovided always that 4io fiat or order for such writ shall bo made by any Judue oHho Sunfomo Court until it be made to appear to his satisfaction bv nffidavil ^lat such costs have been duly de.nanded by the party to whom tl>o sauist have been nwardl^, or by some person duly aJtho- risod by Inm to demand and receive the same, or by the Attorney of |uch party m the proceedings o( review, and that such costs have not been paid: and the party who- may issue such attachment shall bo entitled to demand, receive, and levy the sum of ten shillings from the party against whom the attachment may issue, as the costs of ^ such attachment, and of the proceedings hereinbefore directed for obtaining the same. 5. That the Sherifl^ or other officer by whom any such writ of juachment. shall be executed, shall be entitled to, and he is hereby -latHhorised and empowered to demand and receive from the party against whom such attachment shall issue, the like poundage and fees as meases of execution; and that any party arrested oS any such attachment, shall, on payment to tUo said Sheriff or other officer of the costs specified in such attachment, together Xvith, the costs of the attachment, and the Sheriff's poundage and fees as'^toresaid, be dis- charged from custody and arrest under such Mtachment ; and the 5?henffor other officer shall ifcake duo return of such writ, and pay over the money received under the same to the pkrty at whoso suit or instance the said writ may tiavc issued, or his Attorney. Order for Review. To N. M., Esquire, one of Her Majesty's Justices of the^^ace, . within the County of : — . ' Whereas e. D. hath made it appear unto me, the Honorable W. .*' ^''^"if ' °"® o' *^e Justices of the Supreme Court for the Pro- vince of New Brunswick, that in a cause lately pending in the Court before you^ wherein. A. B. was plaintiff, and (he said 0. D. defen- dant, substantial justice has not b«en done to the said C. D. by the llidgment rendered in the said caiise, and he is desirous that the said judgment and proceedings should be reviewed ; I do therefore in pur- suance of the Act of Assembly in such case made and provided Jiereby require you to return to me forthwith, distinctly and openly under your handj, the proceedings in the cause aforesaid, with all things touchmg the same, in order that right and justice may be done m the premises, and that jrou do answer the allegations in the affida- vit of the said C. D. contained. Dated the day of in »3e»^«;, ..ir-l^-sfets&a. mm^^mm^^^mmms^. iace. in Orrfcr for uani of JuruJiaiou. .'U6I. JusUcc. and Lis d«t„" T ' V« .r;''"r'J'^"''''"'''° »' \ ♦ Bond for Cost$. % Ihe Honorable VV C „,.„ 'f .>? F' ?•' °" ""'" '"" ^o" made a ^Vuse lalely ,Lknr"cfore N M T^ "'""^ P'?«™''"'S' had in Jnsli^s of the Peace for Z r^, ," ^''•' """ "' "" Majesty V ^ n.a,ed A. B. w„r;„il™i4tnd''"h7sa'; ~D"!l7d "'° "fe"" \ \ ^rit &f Attachment. trespass and L.emp,,T^'; ^'^ « '"'J^ •» "^ f"r . certain costs awarded to the .^d C. of by Jlf ' feJ'Vv^f "/— ""^ one of th,4«,ticos of our Skroreme r„,.,; ''"';; '^'""'f •'"s'-ee (sr .. a certain nfatter of review l.^ijT'/' "" ""' """* *«), ^iitiiiiui ur Mui II MM the Countv ... which the Court sits, or in ^which \, venue is hnd, and may be County!" ""^ '^' '"^^^^*^ '^''*''*"^ '"^ "'" ^''"''^ °'' "'^**''" 3. That when the defendant or defendunts in writs of Sci^ can be found within the Province, or have a known place heroin, such writs shall be served by delivering a copy of il.TTflrit Zf^ '^.fi^^'h^' H^^S «"cb copy at the defenclant^s place of abode, with the wife or in adult n.o.nber of the family, or a person having the care o tljo lUse of such defendant, which service .haU . bo proved by affidavit nUde and filed : Provided that in cases where o.^ thn3 " "?\r n""'' '"''•"I' "°^ ^' ^''"^*^^ good service, with- on the order of the Court or a Judge of the Court from which the writ has issued, upon reading the affidavit of service. 4. That when any defendant cannot be found within the Province, and has not a known place of abode therein, writs of Scire Facia, may bo served by delivering a copy of the xJrit to any knoL agin of such defendant, or to any person having charge of any' propertv real or personal, of such defendant, or being jointly interesUTany property, real or personal, of such defendant, within the Province^ tt Cot'^'V'r" '? "I'T' ^-^' ««^^'-' -hen so ord^d by' .nnn S °7 ^^^f ^i the Court from which the writ has issued, 7Z nm/T"?i"^' ''T"'. ""^ "P"" "^ h«'"g«'«« "^^'l^ ^o appear upon affidayJt, to the satisfaction of such Court or Jud-^e, that the fhf ptvit"''' ^°""^' °"^ ^^' "° known place of abode within 5.y^t go9^ service of writs of Scire Facias, according to the provisions of this Act, shall in all cases be equivabnt to a ium oL Sctre Feet by the Sheriff, as heretofore practised. *^ sntuVJ'!!* 'i'T '^''''" ^^ T^^ *° *'PP«*'- "PO" affidavit, 4o the satisfaction of ^he Court o r a Judge of the Court from which a writ ■'I tiihiii re- « of Hcirc SliorifT of I County I limy be '" uipthor as do iliTFUrit place of 1 person ice siiull Bs where ce, with- liich the or Ju.lg« ,l,a||, after the r„>„„, om £„ „f f, ^'"T°' ""^'' ^'"« be mud,., to oiipoar to «urli writ ^M,-, . . ""■"•=" <=»"not publication of iudi n 1 in oL T . ' '*'""''' ''°^' """. "<« l«« port, of tl,e IV.,i .c" . ,n cZ™"°r''';"''"'r' !'"l'"«''™'i" »"cl for ,„ch d„'f4,d„„, wi bi^tl e ^ij*°r„,v'° ' ""' ""^ ''"'^ '"""°'' ■"V bo had, n, i„ ,h„ cn,e of deS, „r '^ ''"' ""='' l'™o>"ling, of .bo writ; (rf) a(iid„vit:.?h7t; :,^!r:„™:;: ••"-;•■" ""ii ."I t thB usual place If aborof such de^ ^« ^«^^«^ of the writ or nroces^ with o^ .appendant, by delivering a codv defendant', or ZTm:'^^::^^ ^ ^t'^^"' '^^ W) See rules Hilary T..» Geo. 4. antep. 17. I <.) See .,« for. of afll^vit. n.le 2 TriniJ T.; 3 Wc... .„u, p. 4,. . ;,M:a"g?g i TdO'T^-TT; ^ -a* .— jjL_^ "^•^wTwu^wpp^pm *n,!'w 'mmmmmmifimmKfmmKti^ u ■ IhJ or prociw* wu« Hi-rveil, \Vm ut il?« timn oC MiclrMi.rvk'o dio tiiiiol pluo»* of qIkmIc of •uirli ilcfi-ruiunt. V '*v.T^in'v. 'liM^hor^c III., Cup, IH. y. Sue. I. WiiKRUAH n jirovwion for Bojiiug mutual debts, one ORalnil lf»o othor, IS hiKlily just iind r.asoniiblo at all liiucs, and tuuds lo provout a multiplicity of law suits ; Hu it enaotod, That where th^ru aro mutual dobts bolwccu the plaintilf and defendant in aily Court of Record m this Province ; or if eiihur party sue or bo sued ai executor or administrator, where there nro mutual deVis betwecih thq testator or intestate, {J) and caher party, one debt ma'/ be set against the other, and" such matter 4uay bo given in evidence tfpon the general issue, or pleading in bar, (^) as the nature of the 09*6 shall require ; so as at the time of Ins pleading the general issue, where any such debt of the plaintiff, Jms , tdstator . or intestate, IS intended to bo insisted on in evidence, notice sifall be*given of the particular sum or debt so intended to be Wsisto^l on, and upon what occasion It became due ; (A) or otherwise such matter shall not be allowed in evidence upon such general issue. % ♦ '•*» 2. That by virtue of this Act, mutual debts (») may be set against each other, either by being pleaded ki bar or given in evidence on the general! issue, in the manner hereinbefore mentioned, notwith- 1 ^^\ '1" "!' '"'''"" ''y '*" ai'inin'-^i^JKir. a note made by llu; intcKute. uml after hi* dnih in dor.e,l .y ,|„, ,,ayec ,„,h„ Dcfr„da«t. cannot bo plc«,lo.r.., a wt ofl : no nZ^ exSb^ ErSVrt'l'R.'Tsa'; ""'' **'"»^«''«"«'«"*'- '"«'•« lifcliim.ol'ihe XnX^nil^clHiyy. *!fff ^'" '^'T' *•. *'"?*'"J'' Chip.. M». 78, where lliehi wa« n pica of net off "^that Uw Plain, tiff before unU at t lo tinu, ol oxh.'biting hi. bill, wa» indebted to the Defendant in kc. uwn a' ErrVlMM''"^' •" ""' »^''7"'»';' Y. t' "l"^ ""* ««««-'»ratio,.wn* entitled gene^IU of LaBter 1 1829, whirh commenced on the 6th May ;• it Has held that a prumiaw.rv note which JM indorsed to the Defendant on the wme 6th May, cotdd not be gi»en i« evident uS^rth. (A) The omiHHion in a notice of set, off, to -tato that a promiMOry note which it otherwiie •urticicntly dcHcnbed. ha), been ind^j-^ed to tliS Defendant i. not n.aterial. where U^e St " ILcrrbl. See alao ParfOfM V. lyiMpn, 1 Dowl. N: S., 181. ' V "*»» * lJ2h^«II^'J''''^4'"-l*lf P'«'»''«f •»««' action of debt on an arbitr«tion boqd, irf which Um n^fcH. T'^.t!* iV.^*"?,, •'?":P^r"[" "^ " '"l"i'«atcd Hum awarded to bo paid by S. Defertdant to the Plamtiff: it ih pleadable <» thojwrt. awarded a. i\m debt due. aSd not to ^ penalty of tj^s bond.-SAai«; v. ►V.^dn.Bert. ft, 390. V, ^ Defrndan^rtTv nEluh.i A^ d2i ^nJ A T °'^T"''y.f T^i"!*?™"""*"- ofi"'*' Plaintiff, out of wfcidi.uin the oSSn- ,-«;<>»«, 8 K\. B. 822. But in aiyiction of covenant, the Defendant cannot wt off a ■iim alleged M ■ &'■,■ ~t una I |>luc« •/■ m ne ogainil tuiids fo liere th«ru ii(ty Coiirt ) sued ai wvod th^ ly bu set the C9«««l. intended to be sot off sbafl blTj \i T ""•'' ''/'"^'y. »'»« » » f tlw ap y licati o i i imid. : . ; -~»' """ j T V •^•^ ent nuiy be entered in Tacation « on _ . an^e^ntion. a. .TSr^r *" ""^ »* '^••-''«*"P"-^"^Zd"to"firj^ tlTheTenuewillnotbechaniredifilu.- * . J^HS-^w (•) 4« to tnab in the County of York. , 607. ■ee ante p. 28. ,# u — 96 . V ' ' ■* tried at Nisi Prius in the County in or to which the venue is laid or changed, in such manner and form as the said Supreme Court by general rule or order thereof, shall prescribe and direct. ^ 7. That the ordinary course of j)ractice of the Supreme Court shall regulate the proceedings in summary actions m matters not herem specially provided for, and that the Judges of that Court may Irom time to time establish such other rules in relation to summary actions, not repugnant to this Act, as to them may seem expedient. (/) 8. That if the plaintiff proceed according to the ordinary practice of the Court m any case in which, by the provisions of this Act, the proceedings ought to be summary, he shall not be enUtled in any such case to more costs than if he had proceeded in a summary manner, unless he obtains the order of the Court or Judge for the larger costs, upon good cause shewn therefor, (m) 10. That no judgment in summary actions shaJl affect or bind lands; nevertheless in summary actions lauds may be taken on execution, and sold under the hlie regulations as in other cases. (») r, 5ih miUam IV., Cap. 39. u ^®?*- ^'.J^^^ '" *"y summary action in the Supreme Court, wherein the plaintiff may bo entitled to judgment by default, under the pro- visions of the Act 4 W. IV., c. 41, the Court or a Judge thereof may let in the defendant to appear and defend, in like manner and upon such terms as in actions not summary, by the practice of the said Court, may be doAe after interlocutory judgment ; anything in the second section of the said Act to the contrary notwithstanding: 2. That in such summary actions the defendant may 61e a demur- rer to the writ in lieu of the general issue, and give a copy thereof to the plaintiff s Attorney, which demurrer shall be in a brief and sum- mary form, and notice in Writing of the grounds thereof shall be given to the plaintiff 's Attorney at the same time with such copy ; and upon such demurrer, the Court shall give judgment according as the very right of the (^se shall require, without regarding any imperfection, ••^ (0 See rulQB Trinity T., 6 W. 4, ante p. 21. i («) See ante p. 64, note (•). *\.^it^ 2!?* ^ ^ ^V"^ *.^ ** '"^ '^""^ "Pon ajudgment in a anmmarr action, binds the land from the Ume of the deliTeiy of the Writ tothe Sheriff to be ^S- a»ilt k mJ neocMary that anyprior memorial of&e jodgment riioald be re«Bten^tau2c«k^^«i««^^ to the Sheriff, takmg nrecffdi'nrB of tlw. «!.,;»». -i. ^^^ nr mrujanu ij . m»4. JWuIS tt Wilhi^oH, 2 Kerr \'~r Wf^ff?'. in like manner as TLs^ftd^^rTu^'. T?''' ^° ^^ 'hovered judgment .ha., be a,W:d^•:'SS^^^ «"^ — °^ wl^hTJ:,;;:,^;!:^;:^ ^ar to the action given in evidence under Z^.«ni ? P'®*^^^ specially, may be writingof such matters be giveS ^LPl'''^ ''''' "°^'«' '" tmie with the plea; and iKv or J ? ^ %^ *°"'^y «* ^he same not in any sumLry action be 2e„ f^^'^^^'^^^'^ ^^e defendant shall thereof be given. ^ " '" evidence, unless such notice ^th WtlliamlV., Cap. 14. wheSn'L'S^iiVmLrSerr r '""^ S"P-- Court," judgment may be enteTed in vaca ton 1 ^""^^"^T ^^ ^«^«">t' «"ch and the damages or sum due mav C '" i"terlocutory judgment, be had ,0 finaf Judgmen™ a'nd ^Z^::^^:^^ ^^''^'' "^^ 1*' Victoria, Cap. 13. j| anc» and filing ,he general Zi.i°ll, ™'™?S >•« or her appear- the period of ^r d"y .fSr ,t ^r'' " 'T'?' ™'"T'' "> reiurnable. ' ' '"^ "'y ">" wkreh the fe is rrr I- I- tv r— ■■•' ^.'..'.< >'-H' -1- / X * «5»-: '■^ J . ..,__, V _--^ *,--^ . , . ■ / / . , - " I ' I . • . '1 ■■ ■- ■ ., >■■ V ^ • ,. , - - '. . ■ "* i - "/ ~ ■" -.-. , «v V ' - i" J- ..-., - W W Ut * ' — fi W^i (*,' • . ( -^-ftrlf' ' «E^TJON III. T HKLATINQ TO THE PBACTICE IN THE COURT OF COMMON PLEASJa) . ^ JURISDICTION. ^^ih George III, Cap, ^. thefj:ie^S«:t^CoS:^^p,rY'!'!^^ ^I. jurisdiction pr than those in Vhich th. pS ^^^^^^^^^^^ ^^nj other causes where the promise wasT^ X cat^o? f ,^KCounty, ,.nd diately within the. County n Xh T • ^^^'O" *«>se imme- whereas it is advisable to ex tendlho^^'^- '•" T«. brought; and Courts of domm^ob Pleas so Tsi^Vi'lf?'""^^ *^' '"^^ '°'*«"0' causes where the sum or tWn'in 1^!^ '^ ^'^" coghi^nce of fifty pounds ; fie it enacted Th«r T — T^- ^'^"^"^ '^^ ^aJ"« of respe'ctively 'shall be c^tj'^ °f the said Courts and all other actions arisSg wi hin anf n h l'""'"^^ motions, (except where the title to aL cn'l^^ ^' F'^''^ ^'^ ^^^^n^X* cases, except as afo etaid have ° '" ^""''"""'^ '""^ '^«" '" ^^ofe Supreme Court of thrP«.Vte.LZ^^^^^^ ^"»* ^^e Courts of CommonVleaTbnnH I r*^^''"'*'^^^^ the Inferior subpoenas for anrwitnlrof witnLr"^^.-"'- «'"P°^-«-«d to issue- within th« saidiroTince Id S «1 ^f '"« '"^"^ °^ ^^^^ bounties - said Justices, shall be of Ihe .tml ^" f^'^P*"^^ «« issued from the of the witn^s or wH^els ^ *° "TPf* ^^^ appearance • the Inferior Cotirt ol^^'^on feV^tfe" 'f^r'^^'-^ ^ or witnesses reside. " ■ ^°""t>^ w*»ere ihe witness t '•y ' ^JBW !^ \ \ 100 V, Habeas Corpus anit Hnt of Hrror. Provided always tlmt it shall and may bo lawful to and for any' delendant or defendants m any sui| to bo commenced in ftither of the said Inferior Courts of CoiWnion Pleas, in wbich the sum or thine m contest exceeds the sun. of ,cn (b) pounds.TTTen.ove the same suit before it shall be delermmedl into the said Supreme Court by habeas l^orpus; and a ler any suit sfHill be determined, and the pinount of he judjrmcnt shall exceed the sum of ten poutKls. it shall be lawful or either pafty (o bring a writ of error (c) upon the said judgiheni to remove (he same utlo the said Suppeme Court., .: J'. _ Bai//^ \ '- . ■■ /3. That in cases where the plaintiff's cause of action shaU amoUit o upwards of five-bounds; (d) and affidavit thereof made and filjd the defendant pridefendants in such s^it may be held to bail as has been heretofore accustomed. 4. That in cases '"where the plaintiff or plaintiffs reside in any ^ other County than that in which the suit is intended to be com- menced the affidavit to hold to bail may be made either before the Chief Justice or dther Justice of the Supreme Court, or any Justice of the Common Pleas of the said County in which the same plaintiff or plaintiffs reside ' or any Commissioner ^c) appointed for taking affidavits to be read in the Supreme Court, for the same County; and m all cases the affidavit to hold to bail, may be made before the officer who issues the process, or his deputy. Summary Jurisdiction, (f) 5. And whereas it has been found by experience that the present have awarded a rep eader:_ and it was held Hut a iUtakc lufe enTi^of tto w"Jant Jai 5 noy on the roll, an.) in the incipitur of the ju.Jgnient, in stating tlie Sn to hT^^L-n^. tl« case," imitead of "debt." could not li ?aken kdvantage^f ^ a ^nlral aw ™^^^ errors An application was al«, altowed to be made io the t:k,urt below.TnHinB Te^rU of " error, to amend formal errors on the record, consisting of blanks left in the roll ffr tit ~;i^^ da^^of the venire and day of trial; and the judgmenf 5f the cSt wLrsul^^iifl^lhe^ (rf) The sum inentioned in this Act was £3; but the Act 42 Geo 3 c 7 « i ..ni.n.»j .i.-^ no Defendant should te held to bail in any action in the Co^ 'piL; or' m1%?»^ fffi S* "H -'5 '''^ P«^nfff:» «=a«?e of action should amount to upwar »« nn^iSnllf .n^ *^'-'.'' ■ ^"l '^ Commissioners now appointed, or that hcrwiftermav be appointed to take affiiav.te in the Supreme Court, are authoWsed to take affidavits in ftl^se! vera! Courts of Common ^«m. But that no affidavit shall be takon h« . T^!!-™!. • ^ J^thfl Atto rn e y la t h e cu^>« «• 'A , ' • 1 • i t ( " » _^^"-^ -_ f^^m /-i-^^ ! -J.-^ mmrr t f' HI- .f <, .-'-»• J. yl. ^ t ioi whore tho .u,„ or .hi„g ii comLt 1 a^Z ^^^ °^^»'"' •'o'" pounds, has hecn attended with an '^^^'^^^^^f^ '''« ^U"> of ,e, a reasonable proportion to the sum o^ tS'"'' "'"* ^'°"« "°» l>^««- fore enacted, That the said Courts a a^'" ?"'"''' '^« '' "•^«- powered .n aJI actions of c/e J act?nn!V "■'^>' respectively «„,. ver,n6 conversion brouJnTeCZ^^^^^^^ ^^''^^^ "f'"-- oxceed /«„ ^c,«n^, (.)^,o im^ceed !?„' '""' '°''' ^^''■^''eof shall not t.on oC .vitne^s in^Jen St o ' oU.e"r" I ""T ""^i ^^ '^' '^'"^'"^-- nwrits of sucli causes ivhe Jn n i°. '*'«^' evidence, to try the ?.hJ to deeannine tl^i; S^ t^l^ ^^'^^ ^^/' bo adZ^~ judgmeot accordingly, unless sudfclni^ ""u y^' «"^ '"afeo "P jory ; in which case such cause sh« I? h ''""' ^' P"^ '° "«"o by J term. '^^^^e shall be continued to the next stated Summary Practice sh^b^t'^^Jlntl^inc^;;^^^ <^ ^ec,a.tio„ defendant or defendants, who sffi at tU I '" '^^ '"•""^^ «» the ' •s returnable, or within rAir ; /A^i r^ ^^"" '° ^'"oh the writ or their appearance J^the Sd^t^.t^; InT' ^K '" '^'' °^ ^'-^^ defend the same, file the -general is ue'^i '^ ^' ^^^ '^'y "'^end to sa.d plaintiff or plaintiff 's^ITnerand"!^''^.^^^^^ ^''^--^^f 'o th^ and determined by the Court o> Lv J 1l ^"* ^'"'" '''^" »»« ^ied unless upon anplication made bySer ± "^^^^ succeeding term, ^.hewa by affi^vit, the Court may hint n ^' '"** '"®^'^°» cause on account of the absence of ^Z* ' . P^P^r^o Put off the trial defendant or defendanrshaU noTaTtlT"""' ' ''i'^ '"^ ^-« "he returnable, or within MiWy ( daysaftir « "? '° •"i*"^*^ ""^ ^""^ « issue m the said cause, aL^WeZ^Z^^^^^ Attorney a copy thereof tL*"! • . ^*'^ plamtiff or plaintiff'., fault in the said^ate al tte nlxtl'^'^T" ^ "''^ ^« entered b^^ assess the damages as h::t?nTeS;^rr:„(5 ^^^^^^^^^^^ fault in the said cause at Z Jut^gment may be € — - I - — - - / . (f) See Act 42 Geo a r 7 « j- " " J- pne t may be «g«^Jj^^o„ ^y 6 Vict., c. 88, ,. S. __ __- f ..^■•^ '•kStiU,' N 7. 'riiat^«-opy (if ilu« jiul^rnjonts so jn-ivcn in cvitv (;au«ip d«itei-- ii^mt'rl ill a sumHmiy wn) , tjtlior hy tlio Oonrt -^n- jury ns aforesaid, ^^reVliliiMl liy ilio CI cHt uiuItT ilir seiil of tlio (.'ourt, shall be ovi«lenco »\f Nie said iii(l<,'iuwit in Jill ('oiirts within this Province. Nt'MMAUV Jt.KHiynH TIO'N AND 1' II A TTI CI.;. A^hl Oeorffe 111, Cup. 7. ' JSed 2. That in all actions (/) hireafter to be brought in the said C6ints, xVdjciein tho sum or matter in demand shall not exceed ^ tvvt'nty Wunds\tlie declaration shall Be inserted in the writ, and the " «i If I f.niVts shaltv proceed thereonj in n summary way^ in the same manner ak is directed in and by the said Act, (35 Geo. 3, c. 2,) in , matters no\ cxccctiing ten pounds; in which actions no dilatory plea shall be allowed, an^j^ no judgment shall be reversed or set aside for any circumataniial eiror or defect of form or |)leading or rendering judgment, wliere suU^antial justice shall appear to hare been done. Habeak.^orpus and Wr^o^ 'Error. Sec. 3. That no dele^idant or defeiidiintsih any action hereafter _ be brought shall remove such actipif int^ ihe Supreme Court by |abeas Corpus, unless the matt^ Tn d^ntand shall exceed twenty tonds. Provided iflways that eh^er^*i-ty, after judgment given, liy bring a writ of drior' Ip remove\such judgment into the Supreme ff c mtendied tirat only to the amount COMMISSIONERS TO TAKE bAIL. 60th George ni^ Cap. 11. \ ■ ; ■ „■" - / " ■ ■ ^ Sec. 1. Be it Enacted, That i^ shall and may be lawful for the ospective Inferior Courts ieflComiiplbn Pleas in the several Counties f this Province, to app<^nt Q^missioners to t^ke bail in the same Courts in such distant parts of tyeir respective Counties, as the ma- dly of the Justices of any of the said Courts in term assembled (i) A qoeition has recently been hiitied, whether thitxAct extenda to atBtiona of tMtpaas to r t on a l nr o p e rty . o r i» confaned to tl^n ar.tiona mtatnil irf»lrha Art 3M Ot^ a^ " «, ■ f^ 4Ht- Aw worda " to enkirge the juriadiction," in the title of the latter Act, relate The cause is now before the Court for decision. %| *v. !..;K.-,-^S?*if ■^.'#^'*^7 lOii i' sliull nt oay timu or limes s.,« (W i , » ss c '1" ;■"■' »""?-• a'':i:;r? ^ ""■' r^' <- -»■ II icnoi- Coum uforeauirl ■'.. .1. "" » >poiiito( bv th., • i d^aments within this 1C1.S0 t! T^ '"'"''' '^'"^'"•ents o here^ contrary notwithstanding "' ""^ ^^'^^ "''«««. or custo.;,, .« "he y' fMsaclad on anv «p««ivdrpu«»."i°^^"' r''.""' '"""^Aw ,hrs'- p&irf ConiB I-. M: 101 ncconliiijjly. l*io\i(led ulwnys ilint no triiih ol" niiy issuo| by jury nliall be had at any such adjoiirnvd Sittings. rf. Provided also that the days of teste and roluni of all writs in the suid Courts shall be and roniain in each ro.s|icctive term, as huru- toforo accustoinod nnd established. , ll,4l)RA8 CUKPUr) AND Clf;|lTI(>RAttl. \- " ruh mtliam IV., Cap. a<). Sec. t2. That no action not summary, brought in any of the In- ferior Courts of Common Pleos in this Province, or in the Mayor's Court of the City of Saint John, shall, prior to iinal judgment, be removed to the Supremo Court by hakias corpus or eertiorari, (n) after issue joined or interlocutory judgment signed. HUMMARY PRACTICE. 6 th William IV., Cap. 48. 't^ Sec. 1. That in any summary action irif any of the Inferior Courts of Common Pleas within this Province, wherein the plaintiff may be entitled to judgment by default, under thp provisions of the sixth section of the Act 35 George HI., c. 2, the Court in which such udge thereof, may let in manner and upon- such action shall have been instituted, or any ^ the defendant to appear and defend in likej ..._ _, terms as in actions not summary, by the practice of the said Courts, may be done after interlocutory judgment. ' Pleading. -iSec. 2. That in all summary actions in jlhe said^^Courts, any mat- ters in bar to the actioti, which in actions hot sunint%ry ought to be pleaded specially, may be given in evidence under the general issue, (1 (n) A certiorari will hot bo graRttd to reoidva a c^ua^ from the Inferior Court, on accoant of miadhrectionxtf the Judgoi because as the chaj;^ yould not appear on the return of the pro- ceeding from the Court bplow, the grantiiw offhe Wit wpuld not giTe the party the relief he required.— Hoisard t. Harhy, Chip. MS. 117. Tha rBrMdyii^ marit n fMjym^iJ^ ljy ^jy .mi':^ Iast.4a6— 4CliIt. G^i:j.-^^Mlktr ▼.' HuukMim, 4 Bing. N. C. 88. As to the time of prepor/ng the bill of exceptions; see Rtg: y.Hmekf^ 2 ''*^»>v'^^^S^ ■'C5r*'7>g»^^'i'" l«« of ih. d„f.»' ''"<^'» unless he obtains the order of l.n P^^f *^°^ •» » """'"'ory manntr,! be prosecuted, for lorClts u^-?"" ,'" ^'"<^'>/"ch action shall , lor larger costs, upon good cause shewn therefor, (o) 7rA miiam BAIL. \ Cap. 44, Common Pleas, or anv Cnrnmico.?: r ^ , • ^'^ 'n^nor Court of Courts, may make an orde^foriL / ^7 '""T^ "P^"'"' »»*« ^^ -"eh , bail upon any m^ne p^tstued 2 / ?• -^ '^'^'"^'*"' ''"'^ ^ « Judge or Commission^To T^aoUfl ' r ^'"'* ?^ ^^''^'^ »^« » Court siis; and such and th« Klf ^? ^"""^^^ ^°'' ^^ch such «P«- .3 a/e herJnbefore ni^^^^^^^^^ ^''«" ^« had then^ the Supreme CoTrt ^ ^^^ '" '"^"^ *° «^^'«°» depending in |- > A88E«8Iiyo DAMAGES AND SIGNING JUDGMENT. Qth Victoria, Cap^33. i^i^\ '^^ '11V^i^ '" .«<^ Act l^htiM aate (P) See «H:,io„ 8.„rf 4 „f ^j, ^^ ^^ ^ 62. <--3:-.>3 ")\. -""■"^f^'' ^.^^1R-i 1 ^ k 106 Mfter judj^^w* by ^t^jk to eet^ira of the iniili of tny nittt«n, or to iMoas ih% damages ortha awioimf to iflo recovered in ihn iclioh without th« intflrvontiori of ■ Jurt^ch enquiry and ■s«eMiii«nt inty if made by a Judge of tbe uid Court in vacatioii ; and djiotV^ production of such assmsiiient signed by Wh Judge, it shall be la#» fffi frr tho Clerk of Buch Court so tax the] costs and sign judguienl, wliki^uiHJn execution may issue forth witffdj'rovidod always, that no iuch enquiry or assessment shkll b« uiade ill vacation, until the expi- ration of twenty days after ihn dav on which the judgment by default shall have been entered : Provided also, that the defendant in any lUch action, may, uiKin due application therefor, have such enquiry and assessment inndo by a Jury, and that tho Judge who may be applied to in vacation to make such enquiry Ar assessment, shall Ktvf |K>wcr to order the same to be made by a Jury in like manner l%tk now the Law and practice in cases before tlie Court in Term. *-.. Summary Practice. ^ 2. That, in all Sunnnary Actions, horeaAer brought in the/said Courts, a copy of the particulars of the plaintiff's demand in all/cases when the defendant shall be entitled to the same, shall be ai^tiexed to the copy of the Writ to be served on the defendant in such action ; and in every such summary action, wherein the plaintiff may be entitled to judgment by default^jj^h judgment may be entered in vacation as an interlocutory judjpent, and 4he damages or amount to be recovered may be assessed, and proceedings had lo final judgment in like manner as is provided by the first section of this Act. A^tearance and Bail. , 3. That the time fqr any- defendant in any summary action in the fl Courts to put in bail or enter an appearance and file the general e, shaH be and is hereby enlarged to the period of thirty days aAer day on which the writ is returnable ; and that in all actions not summary the time for appearance and entering bail ^HKLdtlSiJie en- larged to thirty days. ||k. r"-'*£^N, X ^ Judff^t and Execution. ^ WJ^** eveiy judgment (9) to be entered by virtue of this Act, may b<|iM(r{od as the jiidgment of the Court, although the Court may not th^^^witbor^oi^' the day of the entry and signing thereof; and every ■.■ft- at, ; * Ce no power to grant new triala; and if they refiias to ^ ^^4*v*5^A-^v^^j >-^^i^ SM^. . hI^iW itt«n, or n ■clioh. anr may dgiiient, that no ti« expi- ' dertult t in any enquiry may be he/ said 11 /cases in . exed notion ; nay be tjared in lount to dgment in the general ys aAer ins not P07 ■ '^^^ . r iXy may lay not I every rafiiMio !in . rdl (B t, the dav of issuing thereof (if Issued bifore the next tLn nftl! j^ .nd i«u.d i„l.*' :^^1.^' '*™ "■■' '»•" •""r.d of record, ,i™«l •nd inutd in ih« ordiniry coMne. - J r ^hit all final judgments entered and made up in the said C^^ ^nVtwttinr'"^ "•'' ^<«^'«'y ^"ofi* f ■'. - * L ,«iii# % ^■i U' I ,. V' 1 '% -^■•r I '■A "i....! ■^fc-^a I^IIBiilMiiljpiipiligHlllii ^N- ' ftt'V/^J -^- V \ gy^ ^■-■^•...K, -.oi*. \ f \ 1 -V J .r •=»- — t *- I ) ^ i \ >._f j/i..^ (?J^ O -i- •* / :::v;iv X^V;-, '^•?' -.f the cas ofi the be. On J Cle ■ J> * cau ' to 6 prw sue! Cou c :/ i_: It with and ( order anco *- ''^*^^^^^^i... U'. ,'i. A ff \ I ) ^ / < ^ iMn f >\ ' / f - ' ■ u .■■ \l A ^ \ >/«-^ "^^v 's 'V^SC /T -^^ ■ Sth.JULY, 1^6. Whereas tK^app6ifeiijfh)r£teraonrt6 ^e i^ ^ who reside in dk&Sn^nOTfrnf tK b-!3 - pou^t the place y^^^S^J^^^^^^^^i^^^ ^o^e i^m the appointments hereto ni^ of ^rson/^ felX^f ^k- ^ ^"' IJb have the custody of all records TanJ^ J/ "1^ ^"T"' ^"** causes in equity and fnlTf 4 P?P,niP'^^®*''''SS relating to ^ to enroll tKJcCs oHirCour^^^ -^'^ ^P'? *'^'*«f' »°d processes on the Equity sfde 7 hrPn/^^""'* '""l"" ^"»« «»d . V-'-i 1 . .-I„ . 29th JUNE, 1827. ^ --: ^ ago of d» .„h, rffti (MZ'^t^; rfgC'^'" t^ nWHrtiflBiTi I'liir^lflli no i s. ^"-^ i 4tii JUNE, 1889. huhnrmnU of Bills. I. TImt all Bills lo be filed with the Register be indorsed with the name or firm of the complainant's solicitor or solicitors, who shall file the same, and the title of the suit be entered by the Regis- ter in a book to be by him kept for that purpose.' ■ ,' W Subpcenas. 2. That the names of all the defendants in a suit may be included in one subpoena to appear. f 3. That all subpoenas and other process^ of the Court shall be secijed with a seal, to be kept by the Register, on which shall be inscribed the words <' Court of Chancery." 4. That the several writs of subpoena shall be in the form rae»*v tioned at the foot of these orders, or as near as may be, with su|i&^:" alterations and variations as circumstances may require. ^ '-3^ 5. That it shall not be necessary to file a pnccipe for the subpoena, but that on a subpoena for costs being sealed, the certificate or report shall be produced to the Register, as his authority fop sealmg it. Indorsement of Subpcenas. 6. That the name or firm of the solicitor or solicitors issuing a subpoena shall be indorsed thereon. * Service of Subpanas. 7. That the servioe of subpoenas shall be efiected by delivering a copy of the Writ and of the indorsement thereon to the person to be served therewith, and at the same time produdngHna shfewing the original Writ, (o) 8. That the time of serving any subpoenas (except for costs,) shall b^liniited to the last day of the term next following th& terin or vacation in which it issued out. y / - " . ■ , ■ ■ '■'■ J, .*."■■, s Apj^earanct. .' j^ "' 9. That defendants shall in all cases have thirty days to appear, from the day of service of the subpoena, exclusive of the day of service. . , j*4 1 slve Witt and the («) If a party proceeding at Uw, resides out of the jurisdiction of the Court, an order may be obtained for service of a «ubixena on bis Attorney, where a bill has been filed for an injunc- tion tp sUy the |Mrooeedinga at law.— .Scoist v. Honw. At the RoUs, Feb, 1844. =fe HjK^ - /♦ 1"^ '*T'^'" H T^fvy^s^^ fX Jorsed with citors, who the Regis- }e included rt shall be h shall he with sufifeK|/^5 > subpoena, e or report iigit. issuing a iivering a rson to be 6wing the >sts,)r shall i- terhi or to appear, e day of an order may foraninjuiic- .*Rr, 10. That the mode of appearancte shall be by Hlintr a note in Pro Confctso. 11. That in cajie the defendant neglects to appear in due time after the service of the subpoena, on affidavit of sMihservL and default an order may be made that the Bill be taken p-ooon/.«o unless "he' defendant appear in twenty days fron. the d^e thereof exdusive before t^^.'^.T'f in il^^oy^i GazettUueasUen days before the day limiied for the appearance by the said order- and at he expiration of the time so limited, in case \io appearance shal -Attachment. ' 12. That it shall in no ca9e be necessary to issue an attachment tT±'t:::^'T'""%°^ ^ ^°'"™'"'°" °^ -'^'"-' ^ut thattcasTo the return of no» est inventus to a writ of attachment, the party may at once proceed to a Sergeant-al-Arms. ^ ^ ^ /■ Copies of Pleadings. shalUe'^e^^thliS To'f °" f '^ Plaintiffand defendant respectiyely, Th- c6 u ^"™"'' ^^^ °PP°«'*« Pa«y with copies of the pleadings of which copies are required to be delivered. Dismissing Biils.^ 14. That in case the plaintiff's solicitor neglect to deliver to the defendam's solictor a copy of the bill filed, within thirty days after the appearance of the defendant shall have been put i^anrno^^e |.ven th, defendant may move that the bill be dism^issed, wl^ch may be ordered accordingly, (c) ' ^ »>!^' «*»;& j*4 ^ Pro Confesso. sively to^'oit^Jna"!".''*"' ''''" ^r^ *^^ '^^'^^'' months, exclu- sively, to put in^a pleft, answer or demurrer, after having been served with a copy of the plaintiff's bill, without aiy order for su^puriTe tlXinSnS'".'""^"^'?"^^^"^^^^^ the plaintiffand motion made m open Court, the bill may^e oitlered (*)See2Vict.,c.86,B.e. (e) See 2 Vict., c. 35, "S. 6. 112 • *. to be taken forthwith pro confesto, unless the Co^rt on special cir- cumstances disclosed by affidavit should allow further titne ; in which case no such order shall be entered until t^hc expiration o^^e further time allowed. (Setj2 Vict., c. 35, 8. 8. '»* 116 opinion that further time is necessary to tako the depositions • in which case he shall defer tranlnmting the same- so Io«g as he^av • Publication. ; ' 29. That on the depositions being filed with the Register either party ".ay move for publication, (onlix days notice o7 mS be ne fiTa t^c'^f ^' t^*^^ '^ '""^^ P'»^« forthwith^ at sucS time as the Court, on sufficient cause shewnty affidavit; shaU order. Dimitsing Bill. ' :v 30. That in case the plaintiff shall neglect toproceed to file inter- XT:/"' -^^ «^«-i"«tion of witnesses, or to obtain an ap^o nt ment to examme witnesses thereupon in due time, the defendant, on givmg fourteen days notice of motion, may move that the bi be trhrcontm.; bed«Jered accordingly: unless cause beshewn Hearing. nn^tll H"*' T'""^ ^ ^""T^ * ^'^""^ °" *° '^^a'-'"g shall be :^rved on the opposite party, and the.cause set down for hearing with the cation has been ordered no cause shall come on to be heard until the expiration of one calendar month from the day of publication. Suhpcena to hear Judgment. 32. That no subpoena to hear judgment shall be deemed necessary. Dismissing Cauie. 33. That if the plaintiff shall set down the cause and give notice ^ Qf bringing the same on to be heard, and neglect to appear at the hearing, the cause may be ordered to be dismissed. Dismissing Bill. L f»f* ^^V" !/**»«.P!f'"t''ff neglect to bring on the cause to a hearing 4t the earhesj period at which, by the practice of the Court hf same might h^vo been heard, the defendant may obtain aTcider part of the plaintiff, that he' may be at liberty to bring the wune to hearing ; and Jf the defendant shall the«upon serve fuchorr^sS ihe dal ofTS' "^^ P^t-otice to the plaiSiff fourteen days K h! Sf <>f h«f'^°g» and the plaintiff shall not appear at the hearing the bill may belordered to stand dismissed. *' .V ^6 Comjmtation of l^mc. > 35. Thai wlioii nny specified time is, by tlio practico of this Court, allowed or proscribed for iho taking of nny step in the progress of proceedings therein, it shall always bo computed oxclusivoly of the day fi-oni which such time couunences. Injunction. ' * 36. That in every causo for un injunction to stay proceedings at Law, if the defendant do not plead, answer or demur to the plaintifT's bill within ten days after service of a copy of the plaintiflf's bill, (h) iho plaintiflf shall be entitled to such injunction, as of course, upon motion. (») \ , — ;___:. Sitting of the Court, i_ ^. ^ — 37. That at each term, such day or days shall be appointed for the sitting ol the Court, during the ensuing vacation, as the Master of the Rolls shall deem proper, which shall bo published in the Royal Gazette on the week next after the term. I form of Subpana to appear and answer. ! Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To Greeting : We command you, (and every of you, where more than one defendant,) that within thirty days after the servicer of this writ on you, exclusive of the day of such service, laying all other matters and excuses aside, you do cause an appearance to btj entered for you iq our Court of Chancery at Fr^fencton, to a "Bill" {or as the case nuiy ftcjj^formation df of " Revivor and Supplement," or " Sup- plementaTBill,") filed against you by (and others or another,) and that you do answer concerning such things as shall then and there be alleged against you, and observe • " the foiregoing Commission, do hereby humbly certify that A. B. therein; |ikewisd named, wlis this day duly sworn on the Holy Evangellpi well and truly to execute the duties of an Examiner in a cause^q^dtng in the Court of Chancery in which A. B. is plaintif!^ and Qk D. defendant, with- out favor or partiality. Dated the day of A. D. :r~~.j^ * ' (Signed) , " ETF. 24th JUNE, 1889. \ Order for Appearance. It is Ordered by His Excellency the Chancellor, by and with the advice and consent of His Honor the Master of the Rolls, that when the defendant is not served with process, and proceedings aro to be had under an Act made and passed in the forty -eighth year of the Reign of His Majesty King George the Third, (Jc) intituled '^ An (ft) Wherau tometiiMa, penona iMrv« withdnwn tbeoufWe* out of Uw liiniu of thia Pro- - TiBce, aod tberebv renderra it impimcticablB to aerre them whh ProeaH for thab ■ppearuioe in the Court of Cunoery of diia ProTinee; Be it enacted by the Preaident, Coiihu aad A*" aembfy. That if in anv auit which hath been or hereafter shall be oonunenoed ialhe aaid Court ^ «H ^•-^,^J S^Sti^ ^^" 119 Act for making procesa •„ Coum of Knuiiy offeciuul agaiu.i pJrwiw who reside out of tho Province, and cannot be served therewith," and al^ an Act in atUWui^u theroto, made and parted in the third year of the Heign of Ilia lute Majesiy King William the Fourth, (/) JMiM, fhull not rauM hit. Iwr or thair »mmanmm to be cnlMwl upon iiirh nrm-«M »lil.i„ .uri. i:.? hfrnri"' """"."* <■"'"•..'»«'.•««•' i>«ft-n.ia«tor i).fc„,iH..u irr«nr u.„n; u MLTJ^lri^Titfcij::.^ :'"• """'■ »^"''' • '»"" "•«'" *• «•"» «••»""'' > .ViJ: il? T. ""'•""••»«'" """'•»"••»"•■ i« or urn guiM »ui oftlus I'rovimr. or <>tlH^rHi«i iMiiniKluliU toimrtml from lliia I'ruvinrn itfinr ihu rniM« of action uiMin whit h ■tirli .nit ImH. f:r„ft w:irr.:ir.ivrr''V"~!^ '" •""' "•" ""'''"•* w" .s::\hi:iv:.rj;t' F.«c.rL V, A r . ••exi prn.-..,!,,,^ ,ho ..,.nin.rm;«in.„it of .ihIi luit; or that ih.i lleirt '* . ."".f?"''"'™ """ '"^ iH'rimlf from lliu Froviimt, in coam in which iim-Ii llniiM Vm.^.i^^ o?.i; "'i'r*-"""'ry '"'r"'" '^"'""'""' •"• '>••••«•"<<»"«• i"..i!h « iT 1;:^, tlS.^^^^^^^ ^ihiitiTit^f ^" ?'"• Vw!"^''. " """ "•" •»"' ''""" "'»y ""'•'•' ■'" "'•'«' .iin'.-,7. ; „.liC iX\^ S h£:[u"; L*K "".'^:"' T' ' "^r!^;:"" "^'' •'"'•"^'•'. •« '"^rf-i i« t»^ u >." .k! ' **•"'•'•*' "V •'•" Knig*. IVinter in thm I'r..vincc, uml.hall cMiliiwe to l» iniirrt«rrn - order .h»U w th.n the tune .f«n.«.i.| „f (.^nmn .tay.. Ik, ,K,.tc.l in lonm ihO^i' Xe in S J^Th"r>efc2ii. " rfw? T ' Y'""'"'" '"■ »^''r-'-"«- «"•« ''w.^u within tC vKe '.is If MMh I)efondiint or D.|y Ki„g U^.V^e tin, Third. in.ituLl. " An A^t CmE^ to •erTedthorowith." extend to per«,n« who liave never been t*.i.lent within tJiL Pn,"i?Je • B?i e'lirriK int^ ««kefnrU.er and other regulation, relative ," iS:^,^:; n^..rt Tfl^r' "liy "1"' *'"1' I""'! **«" ""•••"reuAer .hull beconiniencci in liie wiid Qourt of Cluuiccry, any De^ndant or Dofendanu again.t whom any i.ubp.rna or other p^„ ■uch time an.1 in nuch manner a. according to the rulea of the Court the »nii ou.ht uThaw- affidavit to the satisliition of the Mid Court, that Mch Defendant or Defendant* do oMl rMid. lf*„!* Jr^Tfn »'.2?'*"!*«*" «» •?»*«" at a certain day ttor«in to b» named ; and^Tcow of «icb order rtall. witfcm i^twteen ihy. after micli order made, to inaerted n X 1^ S^ fiSS'f "^ •^''>> Printer^n U.i. P«vl«», «7£dl^n.^:S:?t^ to J^erK Ik! rii f?"T^'" ™LP™*»*« ; «rf if Mch Oefencbnt or DefeMfaurta do not appear within thMi«e hmited to Mli^.order. or within M»eh furttor tia» a. tto CWt dwlIMfo. ih^T^ If^.'^kTSST . ^?^" " "■*' *V Uia ■«dr«ited AetpwTidwl: ProvfaMalwava. ^■* '^^i5^!T;?* *" D«fc««l««ta reaide in tto United Kingdom, W^any other pnU^EmS> orinth.W«i«l,e,,«Kh aenrioe diaU to made.t bJX^tcalmSaTZJSTtofSr^ tto Unitod Statei of AiiieriM,ior iij any of the Britith North American Cotenie., .ucfi ^ice f t ' / J' or cU Ull iiiii bo ■ "■ ■ '#- litliur u( ilium, in c»m the a|i|K)Hi-aiiuv U iioi eiittfCied wilhiii lliirtv after (lie luit Jay uii which (ho Sub|)CBntt issuittl may iua Mrved, (m) iot, tho eighth order of this Court of the fourth day of Juii*r ,nt, the like pruceodiAgv may be had as tr* authoruMNl by the Ants, or either oi' thciii, in caxu th«) a|i|mn:rance of the (lofenda-ii not entered withiu the tim« nicttlioiiod and proscribed in thui iiilf in thu said Acts, or either of th«iii, respectively. ^ . '■ > / ^ ■ ^ ■ •th JIaV. 1849, \ Appointment of Guardians, (n) \ That in petitions for the aptwintnient' of Guardians HI /■hall b« miukt at inun Iwo cabiiKlitr monthi. before Um day of apficaninon ; and iftM Dpfeixiaiit I or iMnndanln midn in any othttr pnrt nf th« worbl, iirh wnrira iball tw mpda lat laaat m« I cnhmilnr iiumlliii Imfiirn tiM tiny of M|)|Nqirmnc«. j 2. Tliat |H-(K>ri)f mich mtrvu^n may Iw inaila Ity aflkiavit or aflWiavili to bn taken aodi lubacriliMl lipfoni any JiMlifn nf thn Oiiirt of thn KIiik'm ilflncli, (/onnnH>n I'lcai, or KKchmiwi*, or hnfitm tM IrfirJ CImncitllor, MuMtnr of th«; Itolta, or Vim ('iwiic(tllor,or any Maatar of IM Ui|h Court of Chan, or any PniviMt or other Chief MafiatlrBta of any (/ity, Borou|(h, or corpurabt 'I'own in Hcotland; hefora any Judfn of the Supreme or Superior (^ourtor Mai^rofllie lUdla'in nny Hriliah Colony; or before any Huperior Court, or any Juilge thereof, in tli« United dtatea of America, or any oUwr Foreign Country! i'roviiUd alwaya, timi atieh alfidarit or affitUvita, if taken in any Foreign (-'ountry, be authenticated by a certificate under the hand and aeal of tlie Uritiah AnibMiaihir, Kiivoy, Miniatar, Cunaul, ur Vice Conaul, and if taken within any part of the Britiah Uominiona, iy a certiAefte umler the hand and teal of abma Public Notary, to the aatiafaction of the aaid Court of Ch4nGery. (m) It ahould appoitr by the nffiilavit that the lubmRnn haa liekn iaaiMxl uimI not aerred: the mere pnxluclion of the writ ia not linAicient. — Ctarki v. Briwer. At the Holla, October, 1840. (a) Bee the prsicticn fully aUitml in I Turnnr'a Pr. 67S, I (tranl, 421. The roauVtha ap- plication will ne iNiid out of tl^s infantV proiierty. — E* part* v. Maxtnl, At the Rolb, KUurcn. 1844.. > , The form of recognitance entered into by the Guardian, may be a* fullowa:— "In Charcxrt. in the matterof A. B-., ao infiinl, C. D.„of the Pariah of in the County qf before our 8o«e«tgn Lady Vietoria, by tlie Grace of G(mI, fcc, in Her Coivt of Chancery .of the aaid Province, peraonally appearing, doth acknowledge hraiaelf to owe to our laid Iply or aecure the aame in such manner aa the aaid Court already hath, or may from time to time order and direct; then this reoogniianoe to be void, or else to reswia in lull force and eflect. ' ■— — Taken and acknowledged by the above named C. D., at my office in Fredericton, the day kc., , , 'Before^ me E. Vn, Mtuttr in Chnuvy.. jy/."-'/- <***' ^*_ hill iliirly irved, (m) of Juii*! 4 by tb« Jofendail III llMi t\hm ill DvbndMt |M iMwtMJr ■ubacribMl er, or hnforn > Uich Court ilanu ; before iftrata of any I or Htiperiar iNirt, or any y: i'roviilM lullMnlicaleil ■tar, Conaul, liliopta under Chancery. 1 MfTcd: Um ntober. 1840. •Utftha ap- loUf.MarcIi, Vietoria, by r appearing, noesaora. tne V theQiMeii If, hia beira, 1 and reoeiv- ladaand ten- i«|fwi*. kc." rttelbUaof tidinfiwt A. C. D. do aod niaa or ptrta laofihaMiid sady httth, or laetormwia in, the I CAmcfrjt. cases y^heie a reference to a Master will lie rcquirfid, no oarticuiat siiecifkiiatioii and doicription of tlii) Ileal flettatn, nor spocidc invjun* tory o( tli« peraonal prdpirrty of thu Infant im insortud, but tliip locality of the real property and ihu value of both classes be generally italed. 1 - ! • ■ •.."4 ■ S. T|iat no copy of such petition bo inadj|Tur the use of the Judge to whom the same shall be pntsentod, unleiTparticuliiriy desired. 3. That no state of facts other than is contained in the afTidnvits, ^ be laid before the Master to whom the reference shall he made. 4. That the petition to confirm the Master's Report be in the (omi prescribed at the foot of ihesa orders, or as near ttiereto as the isase may admiu ' r-ij / • _^ _^. 1^ l: 5. That in cases where it is made to appear on alTulavit that the whole property of the Infant does not exceed lliiuo hundred ()0unds, a Guardian may be aupointod on the presentment of the petition, without reference, if the Judge tu whom tiro sariio is presented, shall think fit so to order.*"^ ' ■^.. Confirming Htporti. 6. That in petitions to con^rm Masters' K4?|)ori8, it'- shall, in all cases, sufiice to advert shortly to the order of reference, \i^d to state the fact and date of filing the Rpport', without reciting the particulars^ of such Re{V)rt. i . Petition to confirm Report, N CHANCfiSY. - • ,* - In the matter of A.: p., an infant. '^ . > * ' To His Excellehcy tlw Chancellor, {or His Honor the Mastei^ df '' the Rolls.) The hutabl^jpetition of A. B.,nin Infant^ of the age of yeara, - SHEWlfTH:,^ ; That^ by^^ of&ef, bearing date the day of A. D. , mai^e jgm^tpfPpiition of your«Fetitioner^ , Esq., the tif aateif^'lo wh(kti the matter of the said petition was referred, was directed to make certain enquiries respecting the age, fortune and relations of |our Petitioner, and to state what was proper to be allowed for tbe education and maintenance of your Petitioner^ That the said Master hath duly made and filed his Report on the matters referred, bearing date the , day of , A. D. Your Pe^ioner therefore prays that the same may be in all things t^ .'* / •. m^' t 122 confirmetl, and that such further order may bo made in the promisr- as to Yjour Excellency (or Honor) may seem meet. And your Petitionei-, as in duty bowid, will ever pray, &ic. ,] ■ ii> AUGUST, IS42„ Performance of Decrees. 1. That no writ of execution nor any writ of attachnient shall hereafter be necessary for the purpose of requiring or compelling obedience to any order or decree of this Court, by subsequent pro- cess of contempt, but that the party required by any such order to do any act, shall, upon being duly served with such order,4)e held bound to do such act in obedience to the order. 2. That if any party who is by an order or decree ordered to pay money, or do any other act in a limited time, shall, after service of such order, refuse or neglect tq( obey the same according to the exigency thereof, the party duly prosecuting such order, shall, at the expiration of the time limited for the performance thereof, be entitled, to an order for a Sergeant-at-Arms, and such other process as he hath hitherto been enUtled to upon a return of non est invjentus 1[o a writ of attachment issued for non performance of a decree or order, (o) 3.'* That every order or decree requiring any party to do an act thereby ordered, shall state the time after service of the decree or order within which the act is to be done; and that upon the copy of the order which shall be served upon the party required to obey the same, there shall be indorsed a memorandum in the words or to the effect following, viz. : "If you, the within named A. B., neglect to perform this order by the time therein specified, "you will be liable to be arrested under the authority of the Court of Chancery, and also be liable to have your estate feiaquestered for the purpose of com- pelling you to obey the same^!!br4er." ■ W'' - Writ of Assistance. .• 4. That upon due service of a decree or order for delivery of (o) By 2 Vict., c. 35, s. 12, ills cipacted. That the Court s^I have power to enforce per- formance of any decree, or obedience thereto, by execation against the body, or die goods and diattek, and in default thereof, the lands and tenements of tlie party agaiuBt wliom fiie decide IS made ; which execution shall liave tlie same effect as execution i^mngj&it- of the Supremo Court ; and that every person imprisoned under any execution issued out dfthe Court of Chan. npri «^i;i sliall be untitlwl to tlietftclJClWfltoraiwstatiftc ii»do for the relief if IS^IVieiirDeKtors a« il arrested under process uf the Suprepie Court. . " • '^" " ■ 1 ■■ ■■ ', /■■-v .»; premisf'- lie. Dent shall ompelliiig 3uent pro- I order to r,4)e held * •ed to pay service of tig to the all, at the )e entitled as he hath o a writ of • (o) ^ do an act decree or le copy of obey the or to the neglect to i liable to and also of com- e elivery of ■n enforce per- the goods aiid >ni tlie decivc 'the Supremo Qurtof Chan- 123 possession, and upon proof made of a demand and refusal to obey such order, the party prosecuting the same shall be entitled to an order for a writ of assistance. r 5. , Performance ^ Decrees.^ That every person not being la party in any cause, who has obtained an order, or in whose favor an order shall have been made, shall be entitled to enforce obedience to such order by the same process as if he were a party to the\ cause ; and every person not being a party in any cause against wbom obedience to any order of the Court may be enforced, shall be liable to the same process for enforcing obedience to such order as if nl were a party to the cause. . Interrogatorie 6. That no special interrogatories be inserted in any Bill, but in case any defendant appears to the bill, the plaintiiT jsliall thereupon be at liberty without order, to file such interrogatories as might have been c ontained in such bill provided tbis order had not been made, subject to the regulations hereafter prescribed ; and such interroga- tories when so. filed shall be deemed and taken to be part and parcel ofthe said Bill, (p) ' \ ( Answer. 7. That a defendant shall not Be bound to answer any statement or charge in the bill, unless specially and particularly interrogated thereto, and a de^ndant shall not be bound to answer any interro- gatory in tlie bill, except those interrogatories which such defendant is required to answer; and where a defendant shall answer any statement or charge in the bill to which, he is not interrogated, only by stating his ignorance of the matter so stated or charged, such answer shall be deemed impertinent. Interrogatories. \. 8. That the interrogatories so ito be filed under the 6th order, shall be duly entitled in the cause, arid shall be in the forn^ or to the effect following, viz. : '< Interrogatories to be answered by the several defendants hereinafterspecified," (or, by the defendant, in case there be but one defendant,) " touching the mattersi alleged and contained in -the bill filed in this cause in which A. B., Sec, are complainants, dnd C. p., &;c., defendants : — 1st. Whether, &c." ■■i 0>) The Plaintiff cannot ile thelnterrogatories till the UefendaBt ha^ appeared F^tldm^ n.«li>«. nnta nniro llfi nnto ll,\ «> . r jy- Ivcut Debtors AnsUy, ante page 116, note (A). '^- •>,v ;_, fi \ a W,' V2A 9. Tliliat the intcrro(;atories so to be (i)cd, shall be divided as con- / CD , ^ ' ersons severally liable. • Dm um r ., K... 13. That where a demurrer shall be filed by the defendant to the J ^ 125 , / \ ■ .. • ■..■-■■■.■ ^ \ whole bill or to a part of the bill, the demurrer shall be held sufficient, and the plaintiff be held td have submitted thereto, unless the plaintiff shall, within one calendar Aonth after service of a copy of such demurrer upon him, cause the same to bo set down for argument. Plea. 14. That when the deferidant shall file a plea to the whole or part of a bill, the plea shall be held good to the same extent and for the same purposes as a plea allowed upon argument, unless the plaintiff shall, within one calendar month aftef the service of a copy of such plea upon him, cause the same to be set down for argument, and the plainiiffshall be held X© have submitted thereto.' ' • Demurrer and Plea. 15. That no demurrer or plea shall be held bad and overrul^ on argument, only because such demurrer or plea shall not cover so much of the bill as It might by law have extended to. 16. That no demurrer or plea shall be held bad or overruled upon argument, only because the answer of the defendant may extend to some part of the same matter that may be covered by such demurrer or plea. . <» ' . ^ Answer. / n. That a defendant shall be at liberty, by answer, to decline answering any interrogatory, or part of an interrogator^, from answer- ing which he might have protected himself by demurrer, and that he shall be at liberty so to decline, notwithstanding he shall answer other parts of the bill, from which he might have ^protected himself by demurrer. . Wtmt of Parties. v 18. That where the defendant shall, by his answer, suggest that ,the bill is 4efective for want of parties, the plaintiff shall be at liberty within fourteen-days after a cop^ of the answer delivered to him, to set down the caujSe for argument lipon that objection only. And the purpose for. which the same is so set down shall be notified by an entry to be made in ihe Register's book, in the form or to the effect fol- lowing, that is to say, « Set down upon the defendant's objection for want of parties." And that where the plaintiff shall not soset down his cause but shall proceed therewith to a hearing, notwithstanding n n nhJAotinn for want of part i es taken by the answer, he shall not at \ the hearing of the cause, if the defendant's objection s^alTthen be V" lH-mi'J ' Mgii'B li iii|i,i;l aiiriiMaMatWMjMI I ■ ''• ,. . .. 126 ■ • .-■ allowed, be entitled as of course to an order for liberty to amend his bill by addiiig parties ; but the Court, jf it thinks fit, shall be at liberty to dismiss the bill. 19. That if a defendant shall, at the hearing of the cause, object that a suit is defective for want of parties, not having by plea or answer taken the objection and therein specified by name or descrip*- tion the parties* to whom the objection applies, the Court (if it shall think lit,) shall be at liberty to mal^e a decree savirig the rights of the absent parties. * ■ ' # Masters* RejporUi 20. That in thereports made bylthe Masters of the Court, nb^ part of any state of facts, charge, amdavit, deposition^ examination or answer brought in or used before them shall be stated or recited'; but such state of facts, charge, afHdayit, deposition, examination >(.iicu auu iciciicu ivr, au as vj iiiiuiiii what State of facts, charge, affidavit, deposition, examina- swer was so brought in or tised. . (f) Bv 2 Vict., c. 86, 8. 10, it is enactad. That where In any auiu pending in the Court, the cause ot action abaU survive, the suit shall not abate 6y reason of the death of one or more of the Plaitaiffs or Defendante; but upon susgestion of th^-death to the (Jourt, die suit shall be allowed to proceed in &vor of or a^inst uw snnriving jiarty, as the/case Any be: and in case of the deatn of one or more Plaintiffs or Defendants in any suit /Wm^ the cause of action' shall not survive, it shall onlv idnte as to the person dying. Sec. 11 enacu that in all cases where it shall be neoessary to revive a suit* against the jepresentatives of a deceased Defendant, Bo bill ofravivorr shall be neoessary, but the Court may order that the same stand revived, upon petition of the P|ain^, subject to •nch rules as nay be made in that behalf. :i X >», ■^•ir / . ■<7W^'"i ■,'»^->J-.. , object plea or descrip"- , * it shall ights of Z ourt, rib-■ ■<■■. V ■■;,,_!«,; > ■ .'";/ M . in tl toria lega( distr enac time and — befoi the fonn H sent duel tion, dren dene napi! theii case roan org! placi lars i whoi the( 401^ («) SECTION^. RuCks OF THE SURROGATE COURT. AJ -• 9th OCTOBER, 1^40. 'WuERBAp by an Aclof tVre General/Assembly, made and passed^ in the third year of the Reign ol Hei/present Majesty Queen "Vic- toria, entitled " An Act ihiimendineiu of the Law relating to wills, legacies, executors and ad^iinistrators, and for the settlement and distribution of the estates M intestates," it is among other things enacted, that the Court' of Cbai^cery shall and may from time to time make, establish, alter and /amend rules and forms of practice and proceedings, as well for thaijQourt in matters made cognizable before it by this Act, as for the Su^rogale Courts, hr^ch manner as the Court of Chancery shall see fit, provided that siich rules and • forms be in no wise repugnant to that Act. His Excellency the Chancellor, by and with the advic;e and con- sent of His Honor the Master of the Rolls, doth hereby order and direct as follows : — ,, Petitions. \ \., / ^ 1. That every petition for letters testamentary or of administra- tion, shall state the namQ9 of the Widow ^if any) and of all the chil- dren (if^ny) of the deceased, and their additions and places of resi- dence r<|spectively, and in case there shall be no children, theit^ the napies a^d additions of all the nearest of kin in equal degree, ii,nd their representatives, with their several places of residence, and in case any of the persons whose names- ate required to be stated are marriifd women or infants, the names and additiq/ds of the husbJEindk or guardians of such infants (if any) shall also l^e stated with their^ places of residence ; provided thai in case any of the above particu- \ lars are sworn to be unknown to the Petitioner, and the Surrogate ,to whom the petition shall be presented, shall'deetn it unnecessary .under the circumstances of the case, that the ^saiffe should.be stated, such part i culars may ha omitted . j[«) , ^ ■^ (o) See Act 9 Vict., c. 61, b^ 23. il^- t I 1^ 128 C .^Holding Courts. ' . 2. That tlio Surrogates in the several" <[ountic3 shall fix the time and place of holding their Courts as the h|usiness of the Courts tiiay require, and shall he attended at the times ftp|K>inted by the Registers of Probates, who shall enter in a Book,| the Minutes of proceetl- ings at such Courts. ^ j ■ ^ Pkadingi. | 3. That the allegations and proceedings in such CoiArts shall be oral, except in cases where the importance of the matters in question, or otlier circumstances shall appear to th^ Surrogate to render a more formal mode of procedure necessary ; whfen they may, to such extent and subject to such limitations add regul|itions as thje Surrogate may prescribe, be required to be in writing. | , Examination of Wttneues. ^ 4. That the witnesses shall be openly examined before the Sur- rogate, and the opposing party be allowed to cross-examine without any written interrogatories on either side, (b) ^. Sttrrogate^s Decision. . 6. That when any matter is contestecf before the Surrogate, his " decision thereupon shall be openly pronounced in the presence of the parties or on due notice given, and the same shall h^ entered in the minutes and a copy fiimisbed to the party requiringUhe same, at his expence. . j , ■I .. : : ■ Appeab. ;...'^'^'' -L ': ;.■ 6. That upon filing an appeal (c) with IKo Register of Probates,' the appellant do forthwith give notice thereof to Sie opposite party by serving him with such notice in writing, Qt in ii»»9h otherj^ay as^ the Court of Chancery may direct. ' ■■- -^-rm 7. That upon the transmission of the copy of an appeal from the decision of any Surrogate, to the Court of Cfhancery, on application of the appellant and proof of due notice of such appeal having been given, the said Court shall make an order for the hearing of such appeal on a day to be thereupoa appointed, which order shall be ») 8 Vic cr6l,li.l6,eii«!t«Ui«thBSi«o«teCoamiliJlhaT«pow«rtoi^ tiOBiMl die attendwice of witnwMM.or the production of any ptpewiBBt^ (dusinf to tMtiiy i^ ItuMmnag, in tU MDHlHlliiR^^iiiiftirUie huim eAiein u CouHrsf i«cord in aimilar caaea. See the form of (f) 3 Vict., c. 61, t. ». •nliiwem post. -^1.,. ^ ■ .X -^ -i. 129 duly served on the op|K>site bdg|^ fourteen days (or such longer tiniu as the Court of Chancery mlTy'diroct,) before the day so appointed. 8. That upon the day appmntcd for the hearing, on proof of the service of the order, the appeJl shall stand to be heani, unless the Court of Chancery, on special cause shewn, shall, think fit to post- pl^e the same; and in that base, on the day to which the hearing . sll^ll be postponed. ^."That in case thp appellant iihall not, within six weeks after the ' tlitwmilssion of thq^^^py of the appeal, obtain an appointment of a day for hearing th<^ ^no and serve ttie same as aforesaid, the Court of Chancery may, in its di3cr9tion, on the ,applica4ion of any other fatiy interested, by an or^er of the said Court, appOhit a day for heaiipg the saniei whiclr said order shall be served on tfitr-«ajd aqppellant such time before the day appointed as the Court shall direct, and in case the said appellant shall make default in appearing and bringing on the, cause td be heard onlhd day appointed, the said Court, on j^roof of due service of such order, |nay direct such appeal to stand dismissed. / '^N 10. That the following forms be useci in rtiatters reladng to the s|kid Surrogate Ooiirts, with such alterations and additions^as the case • /fyay render necessairy, or the Surrogate in particular circumstances ^ may permit or prescribe. . ■ / N ■ '■'■.■■'■ No. 1./ . ■ . ^ Petition for ' Letter^ Testamentary. *■ To A. B., Esquire, Surrogate Judge of Probates for the County ^of C, and Province of New Brunswick. , The^etition of D. E., of H., in the said Coupty, Yeoman, . ' Humbly ShewiBth, ' /- / That G. H., late of the Parish of F., in the County aforesaid. Yeoman, departed this life on Or about the day of last past at the Parish of F., aforesaid, having first duly made and executed tiis last Will an^^estament iri due form of law, bearing date the ■; day of "7 m the year of our -Lord , and thereby ap- pointed your petitioner the s^le executor thereof. That immediately 'befim thd'time of his death the said 6. H. was aa inhabitant of the said County of C, and that he died, seized, or \otherwise entitled unto real estate of the Value of £ » situatesjgithin the said County (or at tht catem dybe, ) and pewoii|ial estate tolhe value, of ,f>_-ffir ISO Yo\it petitioner theroforo humbly prays that ho may bo admitted to prove the said last Will and Testament, and that letters testamen- tary may bo granted thereof to him in due form of law : and as in duty bound will over pray. Dated the day of A. U^ No. 2. Petition for Letters of Adminiitration. » To A. B., Esquiro, Surrogate Judge of Probates for the County o^ C, In the Province of New Brunswick. The petition of D. E., of the Parish of F., in the said County of C, Esquire, Humbly Sheweth, , That G. H., late of the Parish of F., aforesaid , departed tliis life on the day of , in the year of our L^d , at the^ Parish of F., aforesaid, without having, to the best of the knowledge and belief of your petifioneir, made any Will. That the said G. H. immediately before his death was an inhabitant of the sai^ County of C, and that he died, seized, or otherwise entitled unto real estate of the value of £ , situate m the said County, {or as the ease may be) and personal estate of the value of £ , that the said G. H. left a Widow L. H., and sons, namely, your petitioner th^ eldest, and /Aere insert the rutmes and additions of the other sons) and daughters, namely, (insert their names and additions) him surviving, which said Widow and children all reside at , in the said ^ounty. Your petitioner prays th^ Letters of Administration of tUe estate and 'effects of the said G. H. may be granted to him in due jrorm of law : and as in duty bound will ever pray. Dated the i day of A. D. ■ . \ . . I » (Signed) V^ D. E. -■•-. - -:.- No. 3. ,' .- . 0ath to be administered to Petitioner for Letters Testamentary wr of ^^ministration, Yoa do BweftT that the contente of this petition by you subscribed^. are true to the best of your knowledge and belief,—- So help you God f- 131 _,-^Nd. 4. ' ' ' Memorandum of Jurat. I Sworn before me by the above named D. E., the day of, A. D. . 4 ■ I (Signed) A. B., Surrogate, ■ rf No. 6. Form of Remneiation by penon entitled to Adminittration. (d) To A. B., Esquire, Surrogate Judge of Probates for the County ofC. Whereas G. H„ late of F., in the County aforesaid, departed this life intl^tate, (or having made his last Will and Testament, bearing date the oay of A. D. . ' \^ I, J. H., the Widow and relict of the said G. H., (or a$ the oau may be,) do hereby^ renounce alF right and title to Administration on the said estate. As witness my hand hereto sMbsc|ibed the day of A. D. . .1 • ,j. - (Signed) i , J» H. ■*■ No. 6. , Affidavit, in proof tf^ae^ M' A. B., of the Parish of F., in the County bf Ct,- maketh oath a;id saith, that he is well acquainted with J. H.', of tne same place, Widow and' relict of tlie late G. H.» and he js alsb^ejl acquainted with her hand writing from having seen her write; and.this'deponent further saith, thai he believes the signature! "J. H." subscribed to the annexed certificate of renunciation to /be of the proper hand writing of the said J. H. Sworn the / day of A. D. » 'before me. > <•.# (i-H of Adiniiiiiitratioii ^Probata of sucb Tt'slaiiicnt being firKt bad und luudo,) unto tbu »aid Surro- gate Court,* Tlien tbi.i obligation to bo void und of no ofiuci, or duo to nMuain in full fi»rco and virtutt. ^^ ' ' « , Scaled and delivered in presence of • ' X-- , 4 ^ ' ^o. A /^ k'__ fWntl to Surrogate by Executor^ (f) I The Bond, when f^htn by any Ktffulor, to be. i« like form, luhstituting '* ExccHlnr,"^ ^c, for '^ Adminiatrator,^^ HfC, and omit- ting the xoordt between the aateriiki.] ■ • • No. 9. 'IF Litters Thtamcntary, Surrogate Court, ' ' .p- ' ■■ County of , Province of New Brunswick. By His Excellency , Ijieulenant Governor and Commander*^ f ^> in-Chief of the Province of New Brunswick, &CC. &tc. &c. V To all to whom these presents shall come or may concern. Greeting ; . J^ Know ye, that at F., in the County of C, on th« 1 . day of , in the year of oiur Lord , before A. B., Esquire, being thereunto delegated and oppointed the last Will and Testa- > raent of G. H., late of ' , in the County aforesaid, deceased, (a copy whereof is hereunto annexed) was proved and is now, approved and. allowed of by me, the said deceased having, while he lived, and at the time of his death, goods, chattels, and credits within this Province, by means whereof the proving of the said Will, and the granting of Administration of all and singular the said goods, -, chattels, and credits, and also the auditing, allowbg, and finally » ^ m discha^ing of th.p Recount thereof unto me only doth belong : And that the Administration fbf «U and singular, the goftds, chattels, and credits of the said vdecea^ed, and any way concerning his said Will, is granted unto > in the siaid Will named, having been already duly sworn to the faithful dischhrge of the duties of the trust thereby in him reposed. , , »y In testimony whereot, I have c&used the seal of the said Surrogate Court to be hereunto affixed, the day^of , in Jthi yewr of our Lord One lliou^and Eight Hundred and > /^^tahrfin the yearof the Reign of our Sovereign - Laffy' Victoria, by the Grace of God, of the United.Kingdom )f Great Britain and Ireland, Queen, Defender of the Faith} c. &c. &€. * ■.,;: :.'■ ■ ; . ■ ' V No. lo:' '■ ..'j- ■ ■ . '■ Z;-^- Qath to be AdtninUtered to Witnesses on proof of WiU made before \st January, 1839, in Common Form, You, C. D. and E. F. do severally swear that you did see G. H., named in the instrument faereuntp annexed, sign the same, [and that he, at the same time, published and declared the same to be his last Will and Testament,] and that at th^ time of such signing [publish" ing and declaring,] you, the amd^D. and E. F., [and also one J. K., whose name b likewisejlil^ribed to the said instiument asr« Witness, attesting the execution thereof,] were all pri^nt, and that the said G. H. appeared to you at the time, to be of ij sound and dis- posing mind and understanding, and that the names C. D. and E. F. [and J. K.,J were subscribed to }^ i»id insftniment by you, the said C. P. and E. F., [and the said J." K.,] respfetiyely> in the pre* sence of each other and of the said €L H. - :-2^ ,/| No. 111. Indorsement on Will of Oath having been Administered, ' JPibvinc^ of New Brunswick, County of C. Be it remembered, that on the day of , hetote me, _ ite^for~die'^)anty of C^ C D. and E. F., whose names are subscribed as attesting Witnesses :»H.: N I to the instrument hereunto annex^, purporting to be the Will of G. H., late of the Parish of F., in the Coiinty of C, deceased, and being duly sworn, did (each for bimsislf ) depose and say that they, did seethe saM G. H. sign the said instrument, [and that he at the same time published and declared the same to be his last Will and Testament,] and, at the time of such signing, [publishing and declaring,] they, the said C. D. and t^. F., [vM one J. K., whose name is also subscribed to the said Will as a Witness attesting the execution therdqf,] were all present, and that the said G. H. appeared to them, thd said C. D. and £. F., respectively, to be of sound and disposing mini(l jand understanding, and that the names " C. D." and « E. F.," [iat « J. K.,"] were subscribed to the said Will by them, the said C. D. and 1^. F., [and J. K.j] respectively, in the presence of each other and of the said G. H. ^ (Stened) A. B., Surrogate of the County of C. ■No. 12. Oath to be Administered to Executors. \ ' . . . t , , o "^ ■■■■■,.■ ■ You do swear that you' btflieve this paper to be the last Will and Testament of G. H., late of F., inifthe County of C„ decased, and that you will pay all th^. debts and'legaeies of the. said deceased, as fat as the assets sihaft^^tend and.^ Law shall bind you, and that you will in other resets, to the best of^your ability, faithfully dis- charge ^e dt%es oAnn pixecutor of tl^e said last Will and Testament, " "• , . „\ So help you God. No. 13. Indorsanent on WiU of Executor having been duly Sworn. i'rovince of New drunswicki , County of C. Be it remembered, that on the h- day of A.D. before me, A. B., Surrogate for the County of C«, person ally a p;-. peared L. M., sob Executor named in the vrithin written Wul of G. H., lat» ef the Parish of F., in the County of C, deceased, here- unto anDeoEcd, and Viras duly swona to the authenticity of the said Wiil,^ and tu the faithfali di«:hargtt uf the duties erf 'tiirinisr' thereby ilk him reposed l^ takmg the oath of an Exacuhor as by Law reqairadl -.^ .m. r_„.#. i\; ■■ , ■ '• ;■.; 136- ;■•■ ,:- ' '-;; No 14. ... . .i- :.. Oath to be Administered ig Witnesses on 'proof of Will made after ^Ist December, 1838. The same as Form No. 10, omitting only the words between brackets, and substituting the word « both," for " all." No. 1&.- Indorsement on will made after 31st December, 1838, of oath (No. 1.4) being administered. (Similar to Form No. 11, omitting words between brackets.) ^ No. 16. * . /^ Caveat.:^ A. B., of F., in the County drC, a Creditor {or legatee, or other- wise, as the case may he,) of G. H.,.late of the same place, deceased, hereby enters his Caveat against the granting of Letters Testamentary on the Will of the sftid'G. H. to C. D., therein named as Executor thereof, on the ground that (here the ground of ob- jection is to ie stated.) Dated the day of , A. D. .r (Signed) A. B. ■"■■^- ■■:■"■■ \'-Z .[ No. 17.,-- ■ .; ■ ' Letters of Administration. Surrogate Court, : t j County of C, Province of New Brunswick, * By His Excellency Lieut^ant Governor and Com- mander-in-Chief otthe Province of New Bfewick, &c. &c. &c. To T. S., of the Parish, of F., in fW County of C, Greeting:— Whereas G. it., of F., in the County bf j!^., lately died intestate, as it' is gftid. Paving, w hilst he li v ed, auc h-a t t he t i me -of-iiir-deatfer Goods, Chattels, and Credits, within this Province, by meanswhereof •/ ■» .' 137 etwieeii )f oath I* other- Letters named of oh- ). L. B. ^ihe granting Administration of all and singular the said Goods, ^xlhattels, and Credits) and also. the auditing, allowing, and finally « discharging the account thereof unta^me only doth belong ; in order, therefore, that thd Baid Goods, Chattels, and Credits of the said deceased, may be well and faithfully administered, applied and dis- posed of according. to Law,'I do by these presents grant unto you, the said T. S., (in whose fidelity I do confide,) full power and authority to administer and faithfully dispose of all and singular the said Goods, Chattels, and Credits of the said deceased ; and to a^, de- mand, recover, and receive whatever Goods, Chattels, Debts or Credits to th^ said deceased, while^ living, and at the time of his death, did in aqy way belong, and m pay whatever debts the said deceased, at the time 6fitts^dea|h, did owe or was chargeable with, so far as such Goods, Chattels, an J Credits will thereunto extend, and 'theiLaw charge you — you having - been already sworn wel^and faithfully to execute the duties of the trust in you hereby reposed, as by Law requiried. . fl|^nd I do by these presents make, ordain, and depute you . , »***^|tQ(i (jf all and singular the Goods and Chattels, Rights and jtlie deceased, 'estimdny whereof I have caused the seal of the said Surrc^at^i' Court to be hereunto affixed, the day of \:^"". , in the year of the Reign of our Sovereign Lady Vic- toria, by the Grace of God of tlve United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and int the year of our Lord {g) No. 18. Oath to he administered to Administrator. d Com- > &^c. ting :— itate, as thereof You do swear that you believe that G. H., late of. F., in the County of C, died intestate, xmd that you will well and truly adminbter aH and singular the Goods of the deceased, and pay his ( _^ - [ . , ' (£) The fqllowinK form of Administration with the Will annexed, is taken, with slight alterations, from 4 Bum's Eccl. Law, 871: — " Ib order therefore that the said goods, chattels, and credits, may be well and fiiithfiilly adminislerad, applied and disposed of, according to Law, I do, by these presents, grant unto you, the said , in whose fidelity I dp confide, full power and authority to admin<-; ister and &ith^ly dispose of tlie said gooas, chattels, and credits, according t« tlie- tenor wsd e^t of the said Will: And first, to pay the debts of the said deceased, which he did owe at the timelrfhis death* and afterwards tiw legacies contained and spiecified in the said Will, so far u sncK goods, chattels, and credits will thereto extend afid the Law requires ;.xoa h nTJii g h win nlimwdy s ffn tn TTfiH nnd fiiithfi iti y tft ai dm inii tt ir th f i aanifii Ahil I pneenU ordain, dqwto, and ooostitnte j/aa administiator of all and singular the gofds, «^t- tels, and credits of the said deceased, with the said Will annexed." ^ -i-: Debts so Far as his Goods or other assets which may dune td , hands fqr that purpose shall extend^ fod that you will make a true and pedect inventory of- his £state, real and personal, ,ahd irender a just a^iflptrue Account of you/ administration fnto the Surrogate Court fpr tK^ounty of C., as by Law requiretjl. ,, / So help you Ood. Tl Chat decei 4 ' X, \ '^■ ■■ ■ • No. 19. "^^^-^-^J L..^..,.^:.:-^^::^^^i.»':, WrnxOnt of Appraiaeriteni. ("AJJ New Brunswick, County of ... irc r -To A. R, Stc, Greetin|i You are hereby appointed and era- powerecf'to tak^Bjnruiventory of all the Real Estate, Goods, Chat- teljSi arfd"<5redtts^ of which , ' late. of in the "OQunty afore- ;said, Y^ediany'died 6eiz6d or possessed within the Pirovince, and .Accprding to', ypur best skill and judgment truly appraise' the me;'wbich, when comple.ted, you a^e to deliver to the Executor (pr Adminis^tor) of the sai^, deceased, to be retumed/togetber with' tibis Warrant,-1n three niibnths from the dat^ hereoH/ Given unjder my hand this day of li B. P., Sktrrogate, ^c. 8S. / The above named Appraisers peisbnally appeared before kne, and made batb that they would faithfully and^unpartially perform the services to which they are appointed by the above Warrant. ' y- A. Lt.,, CommUaioner, &c. (•) Y '-■;'"■'" ' , . ,^ ^. "No." 20. h'. _'''V-'^ ■ .". ' " Oath aiminiiteni thtrton^ •;, Yoo do severally swear that vou will truly and impartially appraise ^ the red and personal EstateTjTG. H., late of F., in the County of b., deceased, which may be- exhibited to you according to the best of your k|K>wledge and abihty. — ^ = -^ , . :'• ^ ^ * )aV ic -,c 6 1, 1 . M. (0 By 4 Victoria, c. 40, s. % uqr JnMioe of Um I*«MMi of tiw Ctpnty wherein the Wurnurt of Appraiiement if iMVMd, msy Bdininiitei^tlieoethtollilea|i|iniieri. ,^^ L( theC (806. ' |*eni ♦ 'inter / Jt ■ Coui ,> . Pi • io^th '■>».■-"'**■■ ^ R a It -' I: B .'V ■■■■V • ""•■■■■>'■ „ '■" vA % ^. 1T^ God. '^■ r nd em- I, Chjit- ^ afore- ce, and ise' the ixecutor ler with d before' peifo'rm ',, mt. - c.(0 appraise }unty of the best le Wwmuit 139 No. 91. 'Snvvntory. (Ic) ; ■ " ^ The following is an > Inventory of aiWh^ Real Estate, Goods, Chattels, and C&edit* or Cf: H., late of P., in the Countyof C^ decease(|. ' v , * f ^ . • \ , * ■ ■■ .' I-'RBAI, ESTATE.. , \ -■'/■■•■_.■■ , ■„ - ' '. / ' ' . " . ■ Lot o^ Land cbntainiiig acres in the ^Parish of , in thQ Gotiinty of , \yith a house, barn^ and Smjuri^ahces thercfbh, (Mft.) valued at £ jj. , (fee.) BBI PEBfliONAI. EST ATE.— STOCK; ■n "l ■;» Horses, valued at Cows, Sheep, ^^*^^ nouslBHOLD r Tables, valued rt - - ■ Chairs, ~7^ir --•v BB. (&c.) r DEBTSj i • c Bond and Mortgage f-Om 0. to., to t%' deceased, dfajed^' ^' !« ,f. |»enalty^plr Bond, j£ . ^ . tSpoditiOned^tp pay 41^ /» v,an^V interest; IPaid^ thereon- /: • • ^ ^4y;of ;^ ' * , A. D.^ , £-" p Judgment against" E.;F^t the suit of the 4ec;eased, in i Court, signeif daV of ^. , A;- 0; , foir^fi. = , (doubtfuU) > ProraissOTj^NQte n>ad^^ To His Excellency " Lieutenant Governor and Com- inander-in-Chief of the Pi;6vinq©of New Brunswick, Chancellor of the same, &c. &c. &c., (or, To His Honor the Masterof the Rolls.) The petition of J. W., ExVcutoi* of the last Will and "Testament •" of G. H./!ate of F., in the County of C, deceased, (or Administra- tor of all and singular, tlie Godds, Chattels', and Credits^C G. H. late of ,F., in the Cbunty «h C, deceased^ who died intestate,) Humbly sheweth :-— ♦ » * That the personal Estate df the said , deceased, which, has come to the Jiands of y^ur Peti^onbr, amounted to the stinli'bf £ , that the debts (jtt^ the Estate, so far as they can be ascer- tained, amount to £ ' \ and that your petitioner hath fully administered all the said personaVEstate, as appears by the account thereof, herewith annexed, which said accoun| contlains a true state- ment of all the receipts and payments of your petitioner on account of the said Estate ; that. the Real Estate of the deceased consists of the following lots, pieces or parcels of Land, that is to say, [here describe the several lots, pieces or parcels of land ot premises, vnth the value of each separately, stating whether the saw^ are occupied or not, respectively; and if occupied, the names- of the occupants, so far as they have come to the petitioner's knowledge,] That* the heirs of the said deceased are A. B., of , in the County of C, C. D. of, &(c., [and the devisees of the said deceased are J. K., of . , in the County of C, L. M.,'(of, &c/)] " Your petitioner therefore humbly prays thatjicence maybe granted to him to sell such parts of the Heal Elstate of the said deceased, as to Your Excellency (or Honor) ra^y seenijn eet and necessary for the payment of his debts : and as in diJIK^iMIind will ever pray. D%ted the day of , A. D. J..W. The within named J. W., was duly sworn to the truth of the con- tents of the within petition, the day of , A* D. , - . ^ before me. ^ ■^.- , i •" ^^^.. . _ ' j^ B., Surrogate, County of C. _ t * ■ r-.:_ - ... *" .. ■ ^ .^■ prayec ' Real : \An( ested,' b^en I t' Sec. 44—48. By 7 Vict., c. 41, s. 2, licence may be granted within keven years from «r within tweWe yean after the death of the testator or intestate, when such d^tuh took plaet tHwrions to dM l«t January 1840. And no lioente is to be in force fcf more th two yean. :.-V 'M '- y J. HI (Mote. — A certified copy of the inventory on Ble, and (in case deceased died testate)), ^a copy of (he tVill, is to he annexed to the petition; also, a copy of the A^lministrator's or Executor's account current with the Estate.) • [When the petition is to the Surrogate for licence to sell, a similar form, with 4he necessary alterations, may be used. See 3 Vic, c. 61, s. j50.] • V Tie. 23. \. 'l % Licence to ^eU the Real Estate by Court of Chancery, (m) ' '[ . -r . ' ■ ■ -"■/ .-/"■-■. V-;. New Brunswick— In Chancery. f ^ day of , A. D. Whereas J. W., ExeqlUor of the last Will and Testament of G. H., late of F., in the County of C, deceased, hath, by his petition, bearing date the . day of last, represented that the per- sonaUEstate of the deceased,' >^hich jjas come to his hands, is deficient for the ^yment of'^^^the^ debts owing by tbe said Estate, and hath prayed that lieence may he granted to him' to ilell such part of the Real Estate as may be deemed meet and' necessary for that purpose. J^nd whereas, (due n6fii|;e having been given to the parties inter- ested,) on examination into the , matter of the said petition, it has b^eo made to appear "to the satisfaction df this Court, that the per- son^ Estate off the deceased which has come to the hands of the petitioner, is not sufficient for the paymeiat of the debts^'but that a further sum of £ , oyer and above the amount of the said personal Estate, will l^ required for that purpose. Aqd whereas it is deemed necessary jthat the whole of the Heal Estate of tho said deceased should be sold for that purpose, it is hereby ordered. That the said petitioner have Hceaee, and, be fs hi^rebjf empowered and authorisibd toj make stile of the Real Estate 'of the said deceased, for the- purpose of paying his debts ; the said petitioner jpfttceedins^therein in all things according to Lawl ' . • ■ /* ■-■;^v/ ■,;;.:-■.■ .■ ' . ■ ■By.tiie-ipourt,'; ■-::'■;.:;' . ^, [In case.a ^art bnly of the He^ Estate is inteUj^k«||to be JBold, of ihy particular. lot or parcel oTLdKl is deisignate^ for Ipat jprpose, the li9!ence will be varied accordingly.] . 'I'hia licence to- Iel»e will contain similir recitals^ and may ht^ imed in tho-samtf^anner^ with th< ne^e s sary-altwa tioass / III _ I " I I II (m)B VK!t.,c^fil,i.Sl. 1^ 1 / / I «. U2 iN©. 24. • Notice of Sale. (,p) •> To be sold by Public Auction, on ' , the day o( ', ■t of the clock, , at the bouse of , in the Parish of , in the County of , (or at the cdte may be,) for payment of the debts of the late G. H., of F., in- the County ©f C, deceased, in consequence of a deficiency of the personal Estate of the deceased for that purpose, pursuant to a' licence pbtained from the Court of Chancery, the Lan^and Premises following, that is to tay, [detcribe particularly the Lands and Premitea.] J. W., Executor. I : : i'V'^ j^=^ ■" N». 25. Bond on Sale of Real Estate, (p} tCndw^^ Men by these Presents^ That We (as in Administra^ Bond.) Whereas licencelias been granted by the Court of TiJhancerif (or Surrogate Court in and for the County of ' ,aa the case may^e) to the above bounden , ExecutoToTihe last Will and Testament (or Administrator^of all and singular the Gpdds, Chattels, and Credits, as the case may be,) of ., deceased; to sell (or lease, as the case may be,) Real Estate of tbe said deceased for payment Q^f debts. Now the condition; of this obligation is such,. That' if the^saiii^ ^■t , Executor (or Administrator) as aforesaid, do and shall, well and faithfully apply all monies arisiag from the sale (or I^ase) of any of the Real Estate of the said deceased, or otherwise fro(ra the rents and pjcofivs ^b^reof, in payment of tlie debts of thd said deceased,, agreeably to Law, and shall well and 'tnuly account for the same in Administration account before the Surrogate Coury for the County of , or other Court of competent authority in that behalf, and shall pay any surplus of such monies which shall be found/remaining in his hands upon such accounting, unto such person or/ persons as the said Surrogate Court for the said County of /, or other Court , of competent authority in that behalf shall, by decree or sentence, pursuant to the tru^ intent and meaning' of the Act or Acts of the ,^Ml ^M) S Vie., e. Ql, ■. SS. '^JSS-"'- ■X-- General Assembly of the said Province, in suth case made and pro< vided, limit and appoint ; then th s obligation to be void and of nu effect, otherwise to remain in full force and virtue. . Sealed and delivered in the presence df ' '. . N6. 26. \ Appeal from deci$ion of Surrogite, respecting sale of Real Estate, (g) Lieutenant Governor and Cofn- ;e of New Brunswick, Chancellor of ^ ■ * ■ ipeal orR. J., of F., in the QoUjity of '., late of'the same place, deceased, ■%P- To His Excellency mander-in-Chief of the Provir the same, &c. he. &0. The humble petition and C, one of the heurs o( G^j. intestate, sheweth : That A* B., of ^he Parish of F.» ip the County of C, aforesaid, Administrator of all and singular the Goftds, Qhattels, and Credits * of the said G* H., did, on the . day of last, present a petition to , Esquire, Surrogate of' ijietpunty^^ C, fqi- liceiice to sell the Real Elstate of the said G. H., for th($^yment of^' his debts, on the alleged ground of the insufficiency of the personal Estate for that purpose, a copy of Avhich^ said petition is hereunto antfeked ; that the said apjplication was resisted by your petitioner, , who filed a Caveat with the spid Surrogate against .granting such licence,, a copy of which 19 likewise annexed. That notwithstand- ing thQ objection of your pi^titioner, (he said Surrogate decided that -.licence to sell the .Real Estate, should be granted to the sajd A. B., . Administrator, as aforesaidl And your petitioner humbly represents to Your Excellency that the cy^umdtances of the case are not such -as^ warjrant the salo'of tlie Ri^l Estate for the purpose aforesaid. jTotHL^etitioner therefoJre humbly appeals to Your ' Excellenc}% from^he^decision of ihe said Sutig^te : and as in duty bound / . will ever prar ' " ' -■;,'/ ,.^s _ ;• Bond on Appeal, (r) [The Bond to l)« taken for £30, payable to the Surrbgate in the (q) 8m nilM 6—0 ante |Mge 128, alio 8 Vict., c: 61, i. 9' (r) 8 Victoria, c. 61, •.9. ' 1 . 1 ) -ft \ wai^teaaitiHiiii lU r lainu nmiuiur usi Administration Boncis, and conditioned as followi :] - Whereas the above bounden )iath appealed from the decision of the said Surrogate Judge o( Frobates, made in a caftain matter pending before him : • a Now the condition of this obligation is sucl), that if the*said shall well and truly pay such costs arising from such- appeal, and to such person as the Court of Chancery may order and direct ; then this obligation to be void, otherwbe to remain in full force. ;. Sealed and delivecftd in presence of < / ^ • ^ ^ r ^ No. 2a/ ft * Citation, (t) New Brunswick. ssi To the Sheriff of the County of , or any Consta'ble wittnp the said County,, Greeting: Whereas A. B., Executor, (or Administrator, or other perton interested, as the case may &e,)'bath prayed that - may appear and (here state in short form the object,) You are therefore required to cite the said (and all others interested, as the case may be,) to appear before me at a Court of Probate, to be held at , within and for said County, on the day of next, to (here state in short form the object.) ' ■ Given under my hand and the seal of the said' Court, this day of ^ , 184 . k. 7^,, Surrogate, if c. ■■i'^- A. F., Register of Probates. 4* No. 29. a. (t) ^ w1 <». 88. To Greeting: You are hereby required to appear before me, at a Court of Pjrobate, to be held at within and for said County, on the\ day of ^ i^Ui testify (<) Bae a Victori»» c. 61. { rt and 41, m to tlw Ww* of CJtatioM. (0 See § 18 and 42. ' -^^mR^"!:. . Y' ■■■ low3 :1 im the « ceruin and to ; then inty of ptr$on appear squired le may y next, SfC. ired to within testify and give ovidonco what you may know touching {htre state ihortly the objut,) hereof fail not. 7 Given under my hand thif/ day of , 184 . B. P,, Surrogate, ifc, County of ^ -r SdRjIoaATE COUKT. cf County / - Grfeting : No. 2-2. Execution, (m) the Sheriff of the said County of / You are I ereby rer^uired (or tu case it be an aliat Execution, ns before,) to Ifevy of the Goods and Chattels of within your Bailiwick, tHo sum of for costs awarded in favor of , iri' a certain iroceedin!? lately had before me as Surrogate Judge of Probate in a^d for said County, and have that money before me at H(iy office in 1 /within thirty days from the date hereof, to be reXdered to tTie said _^^ and for want of such Goods and Chat- 1 tels>vhereon deliverlwQ tc keeper \ until the said l6vy, you will take the body of the said and the keeper of the Gaol of said County, and the said kettwr said in custody, and .him safely keep, uiln, and your costs of levying this Execution, be paid. And make return hereof within thirty days from the date hereof. Givenjaiidcii^t^ hand this day of , 184 , *» o D i . - • A. L., Surrogate. II. P., Renter, : ^ ^^ No.. -23. ^ '■^■■ Attachment. ^) ■m ^ Surrogate Court. County ^f ' ss. To the Sheriff of , Greeting: ^-^ You Are hereby required to attach by his body, if found (i») Se^ 8 Vic.,c.6I,8. 20, as to the power oftlie Surrogate to tax coau and iuue execution. 'ny B y ■■«•<■ 15, thn ; i h-t^fMrn o g t WeOmta-ian power to punuh di«ob « di»a«»--t«»-aMliipiBMfa •nd to punwh witnems for refusing to testify after appearingrin tlw same Qummr h^ «t Itecord in similar cases. 'i 1^ w \W within your Bailiwick, and liiin safoly ke«p, so tliat you may hav« his body before me at my office in , on th« day of next coming, to answer concerning a contempt by him lately commltt«d, in noglHCting to appear before mo pursuant to a Subpci>na issued in that beii«lf, (or in caie it be for re/using to te$t\fy after appearing, for refining to testify before me,) in a certain matter lltely pending before me as Surrogate Judge of Probates (or iiaid County, and have there then this Writ. Given under my hand ihis^ day of ,184 . A. F., Surrogate, O. P., Regiittr. r " ' <8^^ - t .\ ....^►•' >', ■'■ i^iiiiiiiiii- HQHr j^-. ' ■-& '^ •t. ( •< ■^--t- ■ r ' 5ft,,ftC*#*' % ^' '# ,. :l -I ■"V • •*- ' -r- -*i- . .™ V ( '«.■ i ^,r..« fV \ #; ' "r %■; «> * ■*< •■*! -^ ■41': ■* ■# ■ /.i; ^..-^ - - ^ ^ . 't '-»/' * rf* ^ ' i" »^*'f ft yy i*i< Iv^'i s^ /" " a" '"^ I \ • . " '^ji-^n-^'- # * i / /■ .« ■" ^ •■^ % ' f / °# «-7 '.ia ".1^ j"*"^'^'^ V ' i* ^^- ■F ;..« ■K.- SBCTlOr^ VI. •■' ;^^ ORDEflJS BEH^INO TO BANKRUPTCY. Uy iff. 4i- <^TH DECEMBER, 1843. His Excellency the' (Poanoellor, by and with the advice and con- sent of IJis- Honbt the Master of the Rolls, doth order and t^irect :-— 1. That the forms contained in the ScUldale at the foot of these Orders be established as precedents and modes of proceeding in matters relating to Bankruptcy, and that future proceedings be made conformable thereto, with such alterations and additions as may be' deemed requisite under the circuin||kances of each particular case. 2. That the practice in regard to appeals from the decisions of the Commissioners of the Estates and Effects of Bankrupts be con- formed as\{nearly as may be (subject to such^ modifications and restrictions as circumstances may render just or necessary,) to the pracdee in appeals to the Court of Review in Bankruptcy in England. • SqflEDtJLE OP FORMS. (*) ':'■;>'■•■:-■ V-"i-, No. -6. ' * ^^v Petition from Creditor, (c) To His Excellency the Chancellor (or His Honor the Master of the Rolls,) of the^ Province of New Brunswick : - The humble petition of A. B., of .', in the County of , *^ Merchant, Sheweth :-— (a) The Act 6 Vic, c. 4, b.''82, empowers the Court of Chancery to establiBh and amend nka and fohuB of pract! 1 w Act 7 vie., c. Ill, a. I. itayiBg repealed tne proTMio_„ - — - - — ,- ^-- ~sna 6 Vie., c.^4, Minting to the Tolontery decbuationa of petaonsj being ' deemed acta o^" Bankruptcy; tiie forms applicable to those prooeedings'itre omitted, V<^ ISm 6 Vic, c 43, § 3 and 6, And 7 Vic, c 31, h. 1. « t .-r- ua That C. D., of jiiul resident in \v ■"'*. inat 1^. u., oi JUKI resKient in , in the Couiity of , , and Province aforesaid,' Trader, before and at the tinne of committing ^^tho act hereinafter staled and relied on by your Petitioner as an Act/ ' of Bankruptcy, was and stilhis indebted to your Petitioner in thef sunj of one hundred and fifty pounds, (d) (of as the case may be,) for principal and interest due on a certain promissory note made by the said C. D., bearing da,le, (&c.,) and payable to, (&c.,) [or on a certain bond, bearing dateu (&tc.,) and made and entered into by the said C. D., to 'your Petitioner* in the penal sum of pounds conditioned for the payment of pounds and interest,] on the ^ day of , (&I.C.,) (or as the case nmy be.) fAnd your Petitioner further slieweth, that to the best of his kno^^ledge and belief, the said C D., at the tinie of committing the s^id act,.owed and still owes debts to the amount of. five (e) hundred pounds. And being^^o indebted, the said C. t). did, on the ^y of last, \Jf the act of Bankruptcy be a departing from ike) Province with intent to defraud creditors, an iCscape from arrest, dr any other of the acts declared to constitute an act of Bankruptcy by 4he Act of Assembly, (/) it will nU be sufficient to swear in general terms in the words of the Statute, but the facts must be specially stated and set forth with sufficient certainty of time and place, according to tHe circumstances of each case, and established py the affidavits of at lea^tJioo witnesses, (g) together with such i^^tional documentary erfidisttet (where the proof deptntls on doeut^^,) as the case may require; the evidence to be\ regulated by the same rules, as to the degrgcMf proof as would apply to the establishing the like facts in <■' (d) By Act 6 Vic., c. fj^. 3, it is cnacterl that the amount of the debts of any creditor or r. "" creditors petitioningf^f a fiat, shall be as follows, viz.: The single debt of such creditor, or 9f two or more jiersons being partners, shall amount to £50, oi' upwards ; tlie debt of twa 'creditors so petitioning shall/ amount to £75, or upwards ; and the debt of three or more ^ creditors, petitioning, shali^iimount to £120, or tipw-ards ; and that every creditor for valuable .f conttdcrktion for any 8um,_payablc at a certain time, which shall not- have arrived when thp ■ debtor committed an act of Bankruptcy, may so petition, whether lie has -security in writing* for such sum orn|i i'' ' , (*)Sce7Vic.,c. 3l,s. 1. ' * - (/>The Act 8 Vic, c. 43, 8. 3, enacts tliat all persons residing in the Province, owing " , : debts to the amount of not less than £500, shall be liable to become banki:i]pt8, and may be ,, ' declared accordingly by fiat of the Chancellor or Master of the Rolls, whenever sodi persons shall depart from the Province with intent to defraud tjieir creditors, or to avoid service of, tor arrest by the ordinary process of La w ; or shall conceal themselves to avoid being arrested ; or having been arrested b^^ mesne or final process, or. rendered in discharge of their bail, "shall escape, or remain prisoner, either in gaol or on the limits for the space of two months;^ or shall willingly or fraudulently procure themselves to lie arrested, or tlieir goods, chattels, r; liuids' or tenements to be attached^ distrained, seouestered, or taken in^ execution; or shall ; remove their goods, chattels, or effects, or conceal them to prevent their Being levied on or taken in execution or by other process; or shall make any fraudTvilent conVeyance, sale, '.assignment, gift, loan, or transfer, warrant-of Attorney to confess judgment, or other device, of or affecting their lands, tenements, goods or chattels, monies, credits, or evidences of aill9 praroHTgnjUlte tlHWe 16 liccoiise-liaffitthipt' by reasoft of any bucK acF of bankruptcy committed more than six months before the issuing the fiat against him. (rt See 6 Vic, c. 43, s. 5. <" a C be ace rup Th 1 Sai C. A. it rup [as con -t ] Coi ■"be s' Supr ordin prem Dom City, Mini (0 lan same Gaie othci '*,. ■^' a cause in Court.] Ami y'mii- Petitioner humbly submits, that' by , he, the said C. D., hath committed an Act of Bankruptcy^' I Your Petitioner the^^fore humbly prays that the said C. D. may • be declared a Bankrupt by fiat of Your Excellency, (or Honor,) according to the Acts of the General Assembly relating to Bank- ruptcy: and your Petitioner will ever pray. The above named Petitioner was duly sworn to the truth of the allegations in tl^| above petition, the ^ day of , A. l^). ,^-' ■ .No. 91 • • . ■ ^^ -JPiat o n^'ap plication of Creditor, (i) I Upon readinl^ fKe petition made to me b)j. A. B., of the City of Saint John, ip the .Province of New Brunswick, Merchant, at^ainst C. D., of the samej^ace. Blacksmith, as being indebled to the said ^. B. in the sum d^ pounds, and as owing debts to im amount or Borough, attested by a Not^y; or in any foreign country, befor^ a British Minister, Consul or Vice Cdntnil.^ ' (0 By 6 Vic, c. 43, s. 7, all tlie property and rights of property of the Bankrupt, shall, by Mieration of Law, from the receipt of the fiat by the Commissioner, be divested out of the Bankru^, and vested in such assignee as shall be appointed: and by .6 Vic, c. 4, s^ 28 I »»«.iMM w* Mwfti^w-v* M ■."* •■■ ttmi ^^M^tmtwtf Mirtii«*i¥Mfc um^fwitpcTfY oi tne iMinKruiii ju tnc same manner as the receipt of the fiat by the Commissioner; and the prodiM:ti6li of the Gaiette, conUining such notice, shall, iiv all cases, be ^idence of the publication without other proof. As to proof of the Fiat/see ,8 Vic, c. 88, s. 6. -^ *i ^ » >" \-- t IdO hy reason of affinity, &c., then add after tjie ^steh'sk, " And it fuf- ther-appearinp; that I. K"., Esquire, the Commissioner of.' ' Wherelis a ^iat in Baokruptcy, 5ated Wo day of , A. D. ' ,,hath been Warded ^lgainst J.,L., of* , in the County of. * , and Prbvince of New Brunswick, Merchant, and dulyt^transrtiitted to and received by me ; I hereby appoint C. D., of , E^uire to bift-a Provisional ^Assignee of the Estatfe and Effects of the said J. L., jpifrsuant to the Act of Assembly in such i case made and provided. - *-^ Given under my hand and seal, the day of A. D. ■ M t ' Commissioner of the I^tates and Effects ofBanlcrupts j| ■ ^ for the County of . . No. 12. »- ,* ^Notice to BanTcrupt to surrender and conform or io dispute Bankruptcy, (m) ^ '\ Whereas a Fiat under the hand of His Excellency the Chancel- lor {or His Honor the Master of the Rolls,) has been issued against J. S., by the name and addition of J. S. of , in the County t)f , and Province of New' Brunswick, Merchant, declaring . you to have committed an Act of Bankruptcy, and hath been duly tra^nsmitted to me, I do hereby summon and reguire you, the said J. S., personally to be and appear before me within thirty dap after Ihe service hereof, aj; ^ , in the Parish of , in the County ^ (i) See B Vic, c. 43, >• 81, and 6 Vic, c. 4, a. 26. '~~, ^' (0 See 5 Vic, c. 48, •• 8; 7 Vic, p. ^, s. 2; 8 Vic, c. 88, s. 6. (m) Sec 5 Vic, c. 48, s. 8, and 6 Vic, c 4, s. 7. _ > ■ :.♦" .,/'• , in the int, and . D., of at^ and in such [). TUptS dispute !!!hancel* against County * leclaring . sen duly i said J. %js after : County fc/ ■-• it iut- Estates - reason .S.,of _' ) whole t, ^ y'^> ' .*■ .V 7 ^m 161 aforesaid, to surrender^ and conform to, or to dispute, the sid, Bankruptcy. , ^ , / " * : Dated the day. of \ A. D. ^ ^ . / Ho Mr. J. S. "'"■■■'■ 1- E. F., Comtnisiione^ of the Estates and Effects of Bankritm for the douniy pf ^ ,-- -VC .1 I No. 13. *. Deciirdtion of Dissent, (n) I, A. B., of >>in the County of^\ ; Merchant, against whom a Fiat in Bankruptcy was issued, bearing date the of ^ last, do hereby teist such. alleged Bankruptcy . , Dated the . day of u* declare my dissent and my desire t A.D. A.B. y No. 14. I Notice of appointment of Assignee, (o) County of . . Frovince of New Brunswick,- ss. \, * Inthematterof A,B.,h)f , in the Cou^ity of ,aBank«iW. ^^l^""?*^ "°^®'* ^^^ provisions of the Acts'of rfieGeneral Asse blyirilhis Province, mtituiled "An Act relating, to finkcuntcy in t Provincq^j; and of ^p i^ct in addition to and in lSfendmeiH.of l„ same," A^. B., of ', ii tjje County; of , Merchant, hkth bee.r declared a Bankrupt, and^hath accordingly surreridered liimself to me; now therefore I do hpr^^ive puMic notice, that by virt# of the power and autbb^lyti li^ven in and by the said Act,'! have ippomted C. D., of ' , , aforesaid, EsquffeProyisionaJ^^AssiiMfc of the Estat^and Effects bf the htad: Banjci^ and I id- bdB roquij^ all jrarso&s indebt4] Jo **»« sa'd Binktypt, to pay to the sSS Assignee, on or before t^ day of ' next, all such su&i and sums of money, debt («)8wS'Vic.,c.4>,8.& >r ' (») SM 5 Vic^-4», >. S: TK Act'*! Vic, c. tl, a. i, wbioh ragni m orediton; tha hM of which MB b > w dayi firomlBe date of the adreniMi^nt or duties, as they may.j^we to the said ^ fcrm ia abered from te orii^iial, ia ocnuequeiice'flf the the Coraniaaioner to appoint two pablic meetingB «f on a day not leaa than tbim, and not ekoe^diag nitty % and ahalt be the day limited for the aurrendet. „ ' lo'i ^ankrupl^ and- all lJiji>>is who havejiri theift tody, any propert^r effects of the said Ba Je up to thel^aid Assignee on or before l\io saJ ,S#t; and I ^jP-equift^ll the qredifors qfetho "mt'm Ihelpd Proviiip, or ir'l*nv|f H||M»j .ciiifif\ Colonies, or in ttk West ^^1 or 1| •« :es ot caHf\Uolonies, or in in»pesi ^mh "Ml, ^^'W'".'?",. ' ^ " ■ ■• ^¥ America, ^vithin thrpe in^is frit^iJI^datejlil^of, to deliver in ta-f the, said Assignee, and^||»|Koye ®» satisy^ctioqJ|||ir r.esgcJ|i§^M^ ^ , claims and^^demalids.i'WlMSJjlier ^''^^ ^'|iJ*S^WKP^^^ ssitiiltW, in r ; W##tM' meeting of ^Pankrupt will be Iiel4|"t ilie- same hour, at ' ^^r ihe jiur|)0se of jfeceiv^ proof of, or conteiB- fled aga,ins^ the saitl Esta||; at which meetings, ^-«^,i v l^ • In the. matter of A. B., against whom a Fiat in Bankruptcy, l^|n the f w. bearing date the day'pf* * : ' ^*^ ^^^V '^^"^^ MEMpBANDUM.— ThatvA/. B., of the PaVjdi^f County of , Merpliaut, did ^ at the tj^j^d place above mentioned, surreiider> Kms^lf to tiie, the Comj , said Fiat waAitensmitted, and submittf-' *"■" r, to whom the le from time to ij») By 7 Vic, c. Sli's. 2, the Bankrupt is to be aiiddft^r hw gurrender and examination for sucb ti free' timet y ippoint ; and if he ahaU, be arrested' witkm that tinie, he ^he officer, and giving him a copy, be immediately dischL.^. as to the discharge of the Bankrupt from arrest after sur'ren Kerr 114. est in coming to^ surrender, pig sianer sh^ think fit to HtBciM g hia gu mmons tw - klifiSVicc. 48,8. 24. Reynolds v. Hanfird, 2 tllUi in a Act ■■ / Cpu • V bly the decl me, any appt and agai publ G Prai ■'Ml ' ' ^ CI duly (?) \f^i /. X w , 153 \ lime cxaminod touching the discovery, of Itis^ Estate and Effects, a'n4 in all things to conform himself {iccording to the direfctions ot the Acts of the General Assomhly in guch case made and provided. E. F., Commiastoncr. I IVo. I<). /Notice in London iiazciic.(q) 'County of , in the Province of New Brunswick, British North America. _. \ In ii>4 matter of A. B., a Bankrupt. ' Whereas under the provisions of the Acts of the General Assem- bly of this Province, relating to Bankrtiptcy, A. B., of , in the County of , and Province aforesaid, merchant, hath been declared a Bankrupt, and hath accordingly surrendered himself to me, I Iiereby call upon the creditors of the said A. B., resident in any pstrt of the United Kingdom of Great Britain and Ireland, to appoint an agent or agents in the Province afOj:esaid, and to deliver and prove to iny satisfaction their respective claims and demands against the said Bankrupt, within three, months of the date of the publication of this notice in the London Gazette. Given under my hand at , in the County of , am^ Province aforesaid, the day of , 18 . G. H., • Commissioner of the Estates and Effects of Batih-upts for the County of , ijf ihi Province of New Brunswick. No. n: under 5 Vic., c. 43, s, 10,_) J.' ^ S.] Wherlis a Fiat in. Bankruptcy, dated the day of ,hath l^n ^i^lyia^vtli;dedai™"d granted against the OouWy of V ' li^y'^PSlli^, add hath been »A^a €. 0i, of V duly recefved by m^ G. :H„'^onfimBsioner oFthe Estates and X \>-i# ■ifc: ■•^T rsef •v.. .(?) S^l Vic. c. 43, s. 8; 7 V^^^V^WS^s 'V ^^^ ^ .>^_ "Z,^ hi " ' i- -%0-^S, «-J ::j>^.^ 1 •%■''■■ /-., 154 Effects of Baflkrupts for thb CouiHy of , and ii Imih beert, proved 40 my Satisfaction by the oaths of two reputable witnesses, that there is reasonable or probable cause for believing that the said Cf D. is about to quit this Province, (or to remove or conceal, or 'otherNvisb dispose of some part of the property or right of property,) '(or that the said C. D. hath removed, or ha^li concealed upon his person, &tc., or as the, case may be, divested out of him by mjeratiou of Law, by means of the Acts of the General Assembly' relating to Bankruptcy,) with intent to defraud his creditors. .These are there- fore by virtue or^he Acts of the General Assembly in such case made and provided j to authori%e and empower, ypu to afreet and search the person of the said C.'D., and to seize and take the goods lind chattels aforesaid, wheresoever ho and they iriay be found within this Province : and for that purpose, taking with you a Peace Officer ta break open, (describe the place where the property is sworn to be concealed,) and him, the said C. 0., and the said property safely to keep until the expiration of the time for annulling the Fiat, (or until the said C. D. be dealt with aoeording to the provisions of .tl|e Axts of the General Assembly relating to Bankruptcy .)( Given under my hand and seal tliis day ^f , in the year of our Lord . • ^ ] • -'»»*■■ \ Appointment of Assignees at thq instance of Q[editors,v(r) ' c , In the matter of, A. B., ji Bankrupt. ■■'; ' . . Upon reading the aforegoing petition "of C. D., of ; -, in the County of , and other^, being a majority in iiumber and value of the creditors who have proved debts against the said A. B;, pray- ing that an Assignee or Assignees may be appointed of the Estate and Effects of the said A. B., arid on reading the affidavits of ,' accompanying the same, andlhe certificate of R. H., th© Commis- sioner of the ;^tates and Effects "of Bankrupts for the County of , i do hipreby, by virtue of the Acts of the Genepal Assera- .^bly relating to Bankruptcy^ appoint E. G., of , in the County of , to be \he Assignee of the Estate and Effects' pf the„said Given under my liand the < day of ' , Alfk. ■ rf'^^'"-^ ' '" • ■ -: '; \ «■ ■ -■ ■■ ^ c. H.,C%;r (or k.ii^ ■' •', ^ (r)rSce5Vic., c. 43, 8. 11 : \ i— 1- — • ■ .^. -J. ..•• .,1, \%'- . ^f *» 5. i" p, ' ■ ; r^i ""XT' 'VW, m^, ■? Tmf«pByw:y tiiessos, \ 10 said ceal, ot- ►peny,) )on his |cratioti itiiig ta B tliere- ;h caso D^t and i goods " i wiUiin Officer f-n to be afely to or until t|e Acts , in tlio 1. H. "■ ■" /•*'°. , in the id value r, pray- Estate- 1^ . ;■ /ommis- )unty of Assem- County the said . 156 l''" "'''No. -19. .'• . ' ,( ■• ■ ij >) • « ' ^ '-Bond Ifjf Asiignee. (s) Penalty lit jliseriptioh of Coniinissioner. * (Bond tb be in the usual focm.— IJnto A. B.,, Commissioner of the Estates an^ Eflects of Bankrupts for the County of ,, and hiji successor in office.] - Condition.. .' * ; Wherefis the. above bounden C. D., hath lieen duly appointed Assignee of the Estate and Effects of G. H,> of • , \n the ^CoiiAty of , Bankrupt: The condition of thfs obligation is spc)i, that if the said * do and shall well and truly observe, 'discharge and fulfil all the duties, appertaining to his said office, as Assignee as aforelsaid, then this obngation to be void, otherwise to remain in full force.. Signed, &£c. Nolao. ^ * «.» Oath to be adninistehed to Assignee, (t) ^ You, C. D., do solemnly swear, (b&t you will well and faithfiHIy perforrnfhe duties of Assignee of the Estati^ and Effects of C. H., V<>f , in the County of , ,|a Bankrupt. ' " • * ,-'''. ■ , ■ * ■ ■ -^ ■ ' iTsi. -" ^ ;' So help you God. , s. ■»if,': ■ ' ^ •: *'^-^-; , ■■- ./ No, 21;. ■ ' , V Memorandum of Oath, -%■ ' ■ I The wkhin named duly s#om to the faithful performance of his 4am as Assignee, before me this day of , A. D. ■ ) J^: ^ii,) O; R., Commissioner. Jr-M^ « ■ ■*•• -^ (t) Sm 5 Tic, c. 48, s. 11.^ ~ (0 ^fmfi ^>c-> C' 48, a. II. . ^0. iSmS' «* •# » -ST^ '."V %. '^.^ \ « » ^0, HisExccllency , Ueutenani Governor- niu4 (Icr-ijl-Chiof of the Provlnco qif Nuw Rnuiswick, Chancellit siimc, hiul to Hh Honor the J^ggnj^g^tliu Uoll$ in (;(t<^ W' <;.-«"'" oniiuan f of thtf otth of ^■41 Clwnccry,Jn the mkI Pra#|^.'.., '^K9 liHv ':^ U U.,C,, being tlio Comnujisio^fjr of Uio Estattvs ciutl Eitects of " in and for the County of . , •« *i>« said Province, Mnsuaoce c^f a- Fiat m Uankruptcyj^warded. and^ issued U., of- . \ , in tho Comity of , do lmnib|y cer- liavin^ procuedod in all things under tlto said Fiat, abcord- Law* in force concerning BankvuiUii, I did this day 'at tho ^1 ^ hour of o'clock, at my offico in , hold a public ^ittinij ^' for the allowanco of a Ccrtihct^te of Conformity to the said Jfjank- *^V rupt, \\6fercof due nOtico was given as by Law required, at which • pubhc sJttinyiio eausu being s|^vvn against the albwancejiLthiJ-satd f IcerVificsile, and being of opinion that tho said J. FtA entitled to cnlfts such certificate, and to having such allowance and hcfroRs as by tho ^^ said Ac|| are allowed io IJankruptS, and being discharged fro'mi all ^ ^' jrlebts due ,bv hhn when he bccamo Bankrupt, and from all claims* '' .valid demand provable under the said Fiat ift pursuance of tlie $aid Acts, I havo^Uowcd and do, allow the same: and 1 do iherefdjre, pursifant to the Acts in f^a xelatiog to Bankruptcy, furUifr Imml^ry certify tlljjMhe saiid JfR. Ilath duly stijirendei'ed fiimself to iHe,,ahd |: shaving l^eenikily examined oTgpn oath, bath made a full discovery of his litatJSiU Mrts, anjfiiath in aft things conformed himseH" to the La\v:s iitTorcc at tlio time of issuing the "said Fiat against him, and that thee5 does not appofir ajiy reason; to d*>ubt the truth or #"^ fuUnessof sucWpftfcvery; kl ^ ' ^ '^^ ^ , "4 (») 6 V iR., *.'4, § 24 a!id 25, NaiftWiciite shall have bpoii confin any(rebt,„cla'ioi,orjlettk;ir«l, piovl .istisii'jfeiWiIwn civtoriiw an u|)|)caiai I'liAAil bijfuro he l)ccmue j^unkrupti, , , „ micPpvc this Act Ami the Hpccial matter in evidence; (►l»ijd such.BanAn»pt'» cjeirflficate 'an'3^5ie sonnmation tfeci*ot shall be HofiScient evidence of the Bankruptcy, fiat, and oilier i)roC<;ciTing8 precedent to obtaining such certificate: and if any supli bankrupt shall l)t"takcn in cxcfutioil, or detained iivprison for Buch.debt, claim, or t ■' drmamU vhTC'Juflgment has been <>bbMned licfore confirmntion of liis certific«c,^t shall be lawful for any ^Iwlgc of tlieCourt wherein jndgnaont , has l)oen so ubtainrd,on aurh Baiik- ■* rupt produiing his caWificate, to order any oHiccr who shall hjiyo such Bankrupt in custody by virtue of such cxe<)MlioD, to-di^chargo such Bankrupt without exacting any (et. _ By 8 V i ce. 88. s^ la^. confirm ation of the rt-rtificate shall be app^ed for within lix months ; rKomtEcIime the same is ordered ; an»wl ft* eun- firming certificates lia'd expired, the ronfirniation may be applied for within twelve wenqar jgi^attis from the passing of this Act, (llih ApfiJ, 1846.) -W ».A.""' niiuan- of the mh of k ects of ovincc, 4|^ ^issued ly cer- ipcord- ^ ^at t!)o $ittintj; Bank- ^Vhich iiltfd lo by, the "dni^ alt clalims ^ lie Siaid ' 3ref(j|re, . lioml^ry ' tie,, aind jcovepy himself St hiifi, ' ruth or \ \ afier liis at him for II be dis- evideiu^ ; rl^noe of te: and if claim, or t shall be iph Bniik- n custody lixnwntln i d fij c cuii ' ■■'r- \ \ ■ f hi witn(!35 whcroof 1 hnvj- nt hiTCuiilo Hi.'t my hand and Heal the of our Lord \ , ill I he County afoinsaid, day of , in the your B.C. (L. S.J Signed and sealed hy tho above named ) • Coinmis.si(|ner, in tho presence of . 5 s [fVhcrc. there is an opyoiition by creditors, or any other spvcial Circumstance, the certificate will be varied, accordingly.] IS: No. «3^ Advertisement J9f Meeting to audit Assignee's AccountsAv) m III ^ho matter of A. »., a Bankrupt. A public meotinjj will bo held on the d/y of nextl at, o'clock, in the noon, at , & tho purpose of aiidiMng tho Assignee's accounts, under the Fiat is;Sued against tho abov* nUmed A. B,, (adding, if it be intended to dec/are a dividend at the iflwie meeting, and to make a dividend of the Instate and Eflects of*lb^ said Bankrupt,) when and where the cremtors who have not already proved their debts are to come prepared to prove the ^aine, .^ithpy will bo excluded the benefit of the said dividend. Hbatcd the day of A. D. Commissioner of the Mtatc/and Ejects of bankrupts for the ^ounty of . «*.: No/ 24. jwtt«| J Advertisejnent of Sale, (w) . ■ " Ta be S0I4 at public Auction on (day and hour) at (place) all the outstanding debts due ant/owing to A. B., against whom a Fiat in JSankruptcy has issued, and all the interest of the creditors of the .Said 4. B., therein. /.,,;, . ^ ■ •- „.,. . . ■ • ■/ ". Mm- ■ .* » -■ / .(!Ni)m4«' (») 6 Vic, t. 48, 8. 27r'and 8 Vic., c. 8&, § 2 and 7. 1^, ■'« 1 1^» ^ ^ f ,f - Notict of iMeeting (q coniiiUr of the .Siili of Dclfh. (£) In the nmUor of%. B., of , ngnlml whom a F'iat in Oink- hiplcy has issued. ^ Notice is huroby given, Thnt u Public Meuting of the Creditors of the above named A. B., will bo hold at (place) and (time) to tnko into ron»i D. G.H., / Commis$wner of the E$tate* and Effects of Bankn^U ' for the Cotmty of *. ^ r _ . "■ ' - . — — iiM^i ' I ii« II — »— .«^|^— I I II |i I ■■11*1 ■ iiiMMi ■ II— ■> ii'iH ■■ | i I I — w^— ^i^p^^p^—i— i^W^i^^^^^B^— (*) 6 Vic, c. 43, «. 27. 1 *. t^) Ibid, and 8 Vie, c. 88, 1. 2. (ar) By 8 Vic, c 88, ■. 8, tlie purchaaer of any debt ii to be deemed tlw AMignee of the Ratate and EiTects of the Bankrupt, for the purpoiei of any fietion for the recovery of Micb debt. Sec alao § 4 and 5, aa to the proof in action! by the pur(;hMer. ". " .»^" ^- 1*^ ■ ■ /. ■ - - / -. "^ /' I ' 7W •'* ^ ,* ■wj.-i»o!^ ^j'-m^-'X^ mw j"^" ■■■^^f. t- *-N H. ^tr- V. ■#'..' / ■ ,.r A' t^' ri ii- ■•„<> r^ 'sTSfVlf' >w*^ IJ^'^. « \ X 9 U'AS'. # 'H^ k I "y*^' ■%■' > (I /^ .(Jli ^s^ 'r 4 f^ J^J H^ • Bru . the Div For 1 , and i \ ^ i 'dam -?^" a 'oxai " 4 prac 5 Cou ., the- or n («I ' \>'ti''!> l\. « ' .H a '^ , « y^- i ^ N, SECTION Vfl, \. ', + RUj-ES' OF 1 HE COURT •** OF* iBsjrxi^® ^^m'.M^.WMM-u^' i ' :&\ p , - -. H: \' f .,. 1^- »- 19tH JULY, 1791. „^#-A"« ,v.^|*^ •:\k« ^ ■ {\t a Cburt of the Gdvernor and Cbuncil of the ProviiiCQ of Niny ''*| Brunswick|J\eld in pursuance of ^n Act of tho General AsseniLly 6f the said Prbvitice, inthuled "An Act foi regulatitig Marriage and l)ivorce,' and for preventing and punishing Ince^, Adultery and •^; "Fornication J*' (a) ■*■' \. . ■ „ , The following rules and orders were established for the jegolatioit d gov€^ri)cnent of the practice in the said Court, ^i ' ■» ;'^ 'l-^; an pfac|i( 4st. Tliat all -Citations and other Processes^ be dirqcted to jhe * ^^Sheriff qf thte Coulhty in w%icli the defendant res1de«i,i' * |K. That all Citations be served tb^rty days - before the return, antf that a copy of,the complainant's libel be delivered^ to the defep-' * "dant at the tinae tiif serving the Citation. - - ,'. ,.'// 3d. Th^t all evidence touc^iing the* matters iii contfovei^y ' be Qxamined viva voce iu open Court. ». * > 4th. That all ,4ttornies of the Supreme Court be admitted to . practice as Proctors and- AdvocatM tn this Court. ^ > 5th. That the Commissjoners fof taking. Affidavitsqnt'he SUp'rfeme Coutfe, be Commissioners for taking Affidavits in tbiis Court, in all ^ -such casfes jwhere depositions are[,to be admitted de 5ene > M«e, under •,;.the' Act of Assembly. <» • .-. •♦/' •*:*.. « '^-:6t^rThat on thefretum day of thelpitation, the defepslant file his V or her -Answer, and be reacCy with bvjdences for trial.4»;;;** — ■ :' ..t -Vr — / iF — ^—;, — : — : h ._, '.^^- «9 25^=:.' tl i*^ «». J-.„,^^Jl_J.' _,_ i^- "V^fr-- t WP' ■; .t ' ' •s^y-' ■;a* %- •.-■■ \ ■ ■ : '■ ' \^ < » ■ » p-»> . t-'^^ y f ?!.■ t 4d » t T*"'-' (A' 11», .„« t- ^ s* t ,n .^^ # "» 1 I \ fl By n r tlOfl of J VISI the! < eac the ' b Coi i and f ' ^afoi first a wh{ per thei "J "few 8urr ). %a\ ■ - J ' .3 « » ♦ (f f.\ i^. ::« # APPEIVlltX IVo. 1. 'n'l' AM 1 % ■ 1 >1 ^ TO be; takbn in the. ---s SUPREME COURT. '.Mrl?^' ;.•% IN^OUNCIL,, THIS 2p DAY .t»P |»ARCH, 1785. „ By His Excdlency ThoMas Carleton, ^quirQ, Captain-Cfeneral, . \ Governor and Commander-in-Chief in' and omr tht Province . »v^^i of New BrunsiqicJc, Chan^lOf; and Vice-Admifal of the '/ 9efm^kc.y. /■/''' '^'Wf ■■■ • "■''"''"■' y._ There being no Xiaw or Or(Knan(»^ow i* force for the rdgula- '' tiofl of the fees to be taken by the respective "offictrs in the Province of New Brunswick, and it being jiec^sary«;4ii^^a reasoaable pro-^ *^ „ vision be made, and a Table of Fees4|»rdairilxl "4(^06 proportion to their seWices, in order that esv^ery.oriijfiiay know what is of right in ^ ' each case to be demanded |; It\ pursuance therepf. His Excellency the Governor, by and wi(|(^he. Advice and assistance of ^fs Majesty's Council for said Pr6vitlfc£i,*^ath tho|^ht fit to ordain and declare, and His said Excellency, by . and with the > advjdfe aqd assistance "aforesaid, doth l|j|tby ordain and declare, that from and after the first day of AprlPW^t ensuing, no p$cer or other person or persons Whatsoever, for any service or services by*him or them to be done or performed in their respective offices, or for or in respecl of his 6r theii" said. office or offices, for any fee, perquisite, or othefr benefit or , Reward, shall gxaet, demand or ask, anv^raater or otktiffei' or fees, prT »um or sums oT^oney for the discha^*P^f^ hi? or their several aq'd I --^ r«>spectiv% duty orMutiesin their rigspective olfices, />tlier J^aoi ^hat ' VA^.« herein^Aer is alloweid m4 established for t|e sawie "'' "^ TwrTT "I. * , J**" /r% ■A, ^. ■#<., jjp, • 1 » ," I . -pf ^ * .if-' »»"■''- >*? "i.v" APPENDIX. Ana'it is hereby further ordained, That the Chief Justice of \\ie Supreme Court, and all Judges within this Province, do tax and allow all bills of cost arising within their several Courts, according to the Table of Fees hereinafter established, and not otherwiseV^ ?i'.' I -, J JUDOE'^ FEES. *■ . ' ' ' . ■ - ■ For the first motion in every action not criminal, Allowing a Writ of Error, anil marking the Itoll, Every Supersedeas, Writ of Privilege, Habeas Corpus, Procedendo, Certiorari or Prohibition, Taking Bail, - - Filing, . - - * ' " S^afchiftg, ^*' . ^^ ' ^ ' ■ Justification or Disallowanc*of Bail, ' • • - Confession of Judgment or acknowledgment of satisfac- tion out of Court, •^ , ^ •■ ' Acknowledging a Deed, * Admission of an Infant by Guardian or Prochein Ami • to sue and defend, '- , « Affidavit or Recogrrisance dut df Court, - Signing Judgment Roll, ^ - - , " Attendance at his Chambers on argument or examiha- ' of a Witness, - ' • 'Jlf " • Every trid on the Circuitriahless Criminal, ^ - Admittance of an Attorney, Admittance of a Barristee, 10 b ^ 8 \ '- «i \ > ,, ^"; AT'ioRNEY'S FEES Retaining Fee, - " .. ^ - > - Warrant of Attorney, - - First Process in a cause, and engrossing, ' ^ppyjthereof and' notice where no Bail is required, lirawing Processes^yoletums, Admissions, Bonds to prosegute, Afiidavits. Pleas, Aiijournments, Sug- g<^tidtis, &cc., each 100 words, Eggrossmg on Parchme«t, every, 100 words, Copies^ oii Pa)per, eveiy 100 words, Copy of first Process and notice for CiHnaiDn Basil, - , Every Bail-piece engrossed, - , - Every S|)ecidl Motion or Argument, ' '0 1 2 3 O 3 6 4 4; -^>. ^' " ^..'" . 4"'" ■..« % ftf^" <■' > ' 'v AfPEPU)lX. . 111. of \\ie dx and :ording :■:" ■ A . 10 oi'/l 2 6 ^: 2 . e . 1-- ■0,-1 ■ i 1 a i 15 . 3 4 'h 2 -' 4 10 ^8 6 ^ 2 3 4 • "t; .^:^. Term Fee, (no more than three allowed;) Argument oi** Demurrer or Special Verdict, o^ ip-.,^^, Krror, at fRe Judge's di6cretion.f> '''^' ** . ■ Bfief. ■ . »> .- ". - r --vA • ' . - "■- -^" • ■ 'Kir' ■ / \ I ^ Attending Ju>y of Inquiry, - > h Drawing up the 4>^^tiJS}£i^t, ' - - \ > ip^ntering Judgtri^m ontR^-Roll, Every continuahl!!t on the Roll, ,\ '' " Every Notide, C(>py, and Service, \ ^H^ , '■»■ sJDrawIng AfRdavjls to be read ^ on Trial, (&yery 100 Njv^rds, (to U^ paid by the party requiring thd i^ame,) . „ Copies" for the oppbsitjQ party, every 166 words, . ^ - Atteiraaniie on balloting or striking a Jury, ^^ *■ faxing Oreat'? Bill,-6r attendmg a Judge otf(^dihary .'■■ ". serJrices, * '■■- !^' - , \" ;'.;■■ • -'^■' -Serving Nptio^ of Trial on the J«dge, VV • r* Service of Copy of E)^ckffgirion and Rule to Plead, - Copy of 6ill ofjdJt^ts delivered to the dppo^site party, •• Declaittion in^fitectmer^ta^d Notice, Drawing a Ngjlpflprosequi, - ^Entering on the Roll, *. r- \ , ^Trial Feeftn the CiVcui* or at Bar, £0 3 ji 6 8 -.1 6/ 8 > ". ' 3\ 4 ■ "• i 2 J ■ . 1 0^^2. f/ 10 a 6 ' d 4 rO;''|"0'^.. I a / ^ -1 1 «rv 2 6 40 0^6 -"■ 1 10 • 10 l\ *) ,' ' *..•■■" " ,. ' Seating a'nd>«htering a.Writ and filing the Praecipfe, ^Entering. an Appearance or ;Mbti6n, Interlocutory ' We Judepfient, Admission by Guardian^ every Default, . Vj • Cominuance, Discontinuance, Non iProS, Relicta Verificatione, Retraxit,, Satisfaction . on Rd^ord, ,- , each, *^ '-"• "",:'v„-" ' .' \- Npiling Everys^Affidavit, Writ, Declkration dr othen, paper, ^ - - .-^ • For monies tendered in -Court, per pound, -Taking Sp^ial Bail in Couet, ieach persop, ♦ ' ,Copy of all Common Rules, - " Entering Verdict, and calliog and swearing Jufy and ■ ^^ Constable, - -^ - ; ^ >\ J-OtlJjl S wearing a Witness, or reading a'pape'r in Evidei^'^e, ' \;' u"*. • Entering Return of Writ of Inquiry, , ■» ' , " w -^ I , ^' . Entering a Judgment on the b'ttpk o^ ^ pe&lai^t^M,^' ' ■ ^. '"^ ' ./^ *4i-'l. '^' Every OoiPinitment^" the Court/'^;-- t^"^ - >*•'* " ' ^ * t^ ^:^::^r^^ - - . .z:^^ - -V j 1^ > - i ■ Warrant to levy iFift6, (to be levied with the fine,) Searching the Regprds, , - ; - Entering the allowance, of "Writ of ^rror^ Certiora| or Habeas Corpus, - - / - Copies of all papers, otl|f!i' than common Rules, every hundred words, ', - - - Certifying a Judgment under Spal, If above two hundi'bd words, the same as for Copying, ^ and the Seal, ; ■ , '" ' , ' Drawing a ft|co^nixance, each person, - ■■* Entering Bond o'f Arbitration a^d Award, Judgment, and examining Costs, >i;^ ^^.'^ FiUng the Roll, ' - ,;4 > ' - !' Docket (rf Judgment ti0t exceeding £25, ^^ pittO over £^5, not exceeding £2mp: . Ditto over £SOQ,npt exceeding £1€00, - Ditto over £1000, -^ Certified (Dopy of the Ehtry of Judgttt^nt,> .,. j Certificate of Satisfactiiin of Judgment, {C^rtifica Memoria £0 1 0„ 1 1 d^^ 3 .18 « 1 1 0. 3 6 3 1 Q> I 6 2 3 1 1 1 Memorial of Judgnjent," ' ■v. .V ^ ' , CLERK 6F the CIRCUIT'S FEESy Enjering on the Judge's Book every cause to be tried, ^ Filing the Nisi Prlus Record, Reading and F*ilingeyery Affidavit, - - Entering Coniessiqn Of Lease, Entry and Ouster, - Returning each Postea, - Entering each DefeuH* - >. ^ . Swearing and Impannelling a Jur;y, Swearing a Witndss, or reading a "paper in Evid^ce, Taking a Verdict, ^ - " \'"';^, -COUNSEL'S FEES, r,,"'- Perusing and amending Special Pleadings and Entrier, - or assisting on Demurrer or other special pro- •ceedihgs, ; ^ " - ' ~_ " * •^ * £0 2 2 6 \ 1 1 6 0> 3 4 1 6 0. 1 6 cy k'O .6 11 6 I «"• -m-i- (a) pstaWished %8 Geo. IV., c. 7. *(6) Establisted \>y 8 Geo. IV., c. 8. f ■i*^ e -7. i^^ ^^- , ._,,,^ . r-!""*'! %. ,• ■'' / APPENDIX. Trial Fee, - - - In all causes tried, or after being entered for trial,^ referred to arbitration by rule of Court, a Counsel Fe^ in the discretion of the Judge, not exceeding Five Guineas, , V. ■■}' £0 15 0. \//^^- )sj_. 0., 3 6 3 1 1 6 2 3 1 1 » 1 6 4 6 6 6 6 SHERIFF'S FEES INf ALL eOURTS. Serving every Writ or ProcetSjr • - " , - Return of every Writ, * - ^ _ \ - Travelling, per mile, from the Court Hdyse, ^Execution and Return thereon, beside mileage, Levyingv Receiving, and Paying (c) all monies on Execution— to £40, — per pound, t From £40 to £ 100, — per pound, - All above £100, — per pound, - ' Drawing a Bail Bond, • - - Every Cause tried on the General Yenire, ■'. Summoning a Jury of View, and attendance per day. Serving Writ of Possession, - - Eveiy person committed, or return of every Writ, Bringing up a Prisoner by Ilabeas Corpus, or mileage, Attending a Prisoner -before a Judge, and receiving hitp in Custody, Tax Discharge of every persqii committed by the Chancellor, " - ' Summoning a Jury on< the Satute for Forcible Entl and Detainer, or on an Extent, - . Attending \he taking aR Inirquisition, Writ of Rebellion or Attachment with Proclamation, Serving and Executing Writ of Restitution, For Ne Exeat or Scire Facias, (d) Summoning and returning a Special Jury^^^ (in the discretion of the Judge) not exceeding, ^^^ - £0 2 6 9 3 5 1 6 0. 4 2 6 2 6 10 10 2 6 8 3 4 O 10 4 1 10 (c) The Sheriff is fjnly entitled to poundage where money has been levied ■ therefore if the yi ie fend— t i« disdiarged out of cwiedy under the Insolvent Debtor Act, vrithout any 4noney ^ lieiag paM, the Sheriff is only Msitled to the execution fees. — Kaoeiiagk t. Phdm, 1 Kerr (iQ ImMnHmd by tf Geo. III., c. t. -■ \ ' 'I' ■niwMni ijji I ... \J 1 ■ ■ VI. APPfiNblX. II! 'Entering a Writ of Replevin, iknd indorsing time of receiving the same, r Mileage in travelling toexecutelsame, to becom- pnted from the Court House to the place where the goods are found, and back, each mile, - - ^Executing the Replevin, Making a Return, if commofi, - . ^Making a Return, if special, Entering Writ De Proprietate Probanda, and indorsing time of receiving the same, * Mileage, to be computed as above, each mile, • Summoning the Jury, - / t.^.- ; For the Constable, _^ - ^ „' • 1 Swearing the Jury, ; - "'.'.''' Swearing a Witness or reading a paper in Evi'- dence, / - - Attending the Inquest, ^ •• _ - Making out Inquisition, and returning Writ De Proprietate Probanda, ^ Order to restore the Goods, (/) Drawing a Limit Bond, (^)< £0 1 0, «/ a . 6 8 1 •0 a 6 6 '> 0. 1 3 :'8j.. « ■"^i ,i? 0' "d; d t. 5 d ■6 1 5 CRYER'S FE^S I !• ALL COURTS. Calling a Jury, or for every Verdict or Nomuk, - ..£^ For ringing the Bell, each actioiu £ur .calling Defm- P- dant on RecoEHizanc^, „ !r ' ^ On Swearing each Witness. . ^, -^ ' -. , • Discharging a pers(K) by ProclamatioB* - r* ; „ • 1 0. '* pONSTABJ^|l'S FEB** 1» A1.J^ Attending 'the Jury, each caisa% , ,^ Serving & Warrant, Summoning the Jui^^ -on l|J!}uest, -** ^ .AttebcMil^lie ihereoD, '' ^ 1 r • *\ 1 1 ^ 2 , .Attelactaftlie ^hereon, " ,-,< * > ^ n*' ^ "0 2 Travemttg-,jJ^r mile, ^ ■ *' -'* * -r- . >-f t. /« 3 ®' . . .^ • . ■ «f t. ■2 „ «:^X«) EBtablwted bj 4.WiUiaiti W.^c. 88. ^^) FHWBiHliii^ by 6 WiBiainlP.»'c. 41. . •m 1- . ) ■> ► • . J- v.v;, /> I; ]' > " : 1. /;■"'■',:. f^Pt^m-' w'f'irNE6siS8";pc^i Attendance per 'il(B|, .>v^ Travelling, if fronn^ Foi^ign Go»»n«y, pOTmile^ '■" 1, ■-,■.«■ ■ " /-I ■ '*Ji ''■;'■■: ■ ' .>'■ '■-> ■„ ..V. . \' ."f ■y K,.. . ■ ■■:' ■■- ■#«'■' \ "^ ' ■.*"y >■> vw. ;||I., Aiki..0.<»BllT».^ Mi 6 8 L* JUROR'S FEK8 IN ALL COURTS, In each Civil Cause, ° ' - ' ■ / > ^ ^i0O l^^C^ Attending a View, per day, - J ■• - -i 4 io; Trial from a Foreign County, per day, ' '"'''' ■■''"■:4i-'^4\-^-^ (^)^pecial Juror, (at the discreti(|t of the Judge,) not • exceeding per day, * J / - ^r^'^^/'^t' :y:/9i*::J^.. illjt' (A) Attending jiny Inquest or Ifiquify before the'^^^^^";!^^^^^^ .'• '■;■;« Sheriff or Coroner in Civil Suits, at the discretion of the Sheriff or Coroner, not! exceeding^ i - CORONER'S FEES When aqtin|.as Sheriff, the like pies. « » I. ■ \ . '- i.M , ' \-, APPEIVDIX Ho. 9. \,: FEES IN #MMARY ACtlOJNS IN SUPREME COURT, # . ^ ";v .%y ^c< 4 WiUiam^IV., Cap. 41. ';' ' - ":' • .,-'^ / , . "v JUSTICE»STMREr. Hun the Entry of eveiy Cause, On Trial, - / , •■ ^^ (g) EataUished by 4S Geo. riL^c. , (A) En^Wished by 6 William IV., c' * £0 3 4 •* . 3 4 v"10 'v^^ % ^ ..^ D.C: . KR,K'8 PE18. ■ W • For Sigriinij unci Sealing thcT Writ and Filing Prttcipe, fcO 1 Filing all other papers; each, '- ^ Filing Writ, ^nd entering "cause, Taxing Cofts, - - ., " Entering Memorandum and signing Judgment, Entering Dqfendant's Appearance and filing Plea, Interlocutory Judgment and Certificate^ tlieredf, i 1 3 1 9 •6 6 6 ,,^ t^'' ATTORNEY'S FEES^,/ .' On commencing every action, for Writ, Prfficipe, Affi- i davit and Declaration, '' ^/' " ^ Copy thereof for Dcfendanti ] , " \ Bill of particulars per. folio, for ori^nal and copy. Attending taxs^tion of Costs,' Attending -Execution of Writ of Inquiry, hat do not go to a Jury, for all other pto- juiitil final Judgment, , - 'ion before the Court in Banc, actually ^pen Court, and entered in the Minutes, - _ ise entered for trial, and fpr every argu- ment before the Court in Banc, not less than half a Gyinea, nor more than two Guineas, in the dis- cretion of the presiding Judge. And for all othef necessary proceedings in the con- ducting of any cause under the provisions of this Act to final Judgment, not otherwise provided for, per folio, '4^., - " £« 11 8* 5 0^ 6" j_il:1 -no 3 V 8 4 3 4 & Costs of Defending Summary Actions, same as are now allowed and taxable in the Inferior Courts of Common Pleas for like services. (Theser Fees are as follom : Retaining Fee, - - — Entering Appearance, or Common Bail, General Issufe or Plea, - j- \ Drawing and serving all necessary notices, Subpoena*, < , Each Ticket, -> # £0 6 1 1 1 b 1" 4 6 > V ' y * . . ' .''*'■' ^ APPENDIX., Jl' , ura wing a Scire Facias, - Attending tbo Execution of a Writ of Inquiry, Attending Court on trial, and armiing Cause, Drawing every Alliduvit, - , . ' ;« *. Drawing all Affidavits to be reSjlMa j|fl^lri||,< «Very ihundrod words, ^^-^^m^ Copy for opposite party, ei 9^ Ml' • i. CLERK OF TJlk^«^^HT«^S FEES. Half the Fees now taxable in other cflFiSl^ S^minafy. If M % ts ■ 5 ,01 , Oi' ' •*')r-r !i ^«_ i^Xil ^-^-4- '' i I'W PEES QN REVIEW FROlVf JUSTICES'^ COURTS, iJy 4" mllwmWr^ Cap. 45, « i Ftc, Cap.' 11. 4- ^ M I . I JUDGE'S riiEs. 0' -'.. V: ... ■ « Every application for drder to remove Cause, , Ever^ ordef to remove, ^ * " ' . Hearing Cause upoKreturn of the order and his. Judg- ment thereupoiv Every Affidavit, Taxing Bill o^Costs, , _ . . E«very Attachment, Summons, or other order ^ade iii the coufse>f any proceeding before him, - 6 \ 'at T ORTji E y • 8 F EjBS . \ ' ...''.'■- :■■'■... >■'■* - 1 .■ : ■■'■■■;■'■ ■ . ■"'::J'i .. . ' ■': Drawing every Affidavit^ or other paper, p6r folio, of * one hundred words, ' - * .- "Copy of same, per folio'/ " £0 « 6 2 10 1 8 9 V *■ ■■ M^ £0 10 6 - 4, )■'' .:;/ \ rt . « ' ' ,' - •. ■ — ' ■ - ,■.: _..u^: '■-■. ■' ,-. • '■ ' ■■'"' ■„ ^ -• ■■ft\ ■? , ■ . ' ■ ■ • 1 , ■ ' 1 ' t ■ . ■■ . ■ . ; ";• ,. ^ . ; '^^■.: - , "^'■^W' \ ■■: '■ i^ .,y-, ■■■'-■' . ■/' .',.■- ■'.■'■-■'■'■ ' '^ _.;P . ':-■■■'' ' ■*" • , , - f . ' ' ■ .. ^ ' \^ * * . ' ■' ■ '■'■".'-- ' .'. •■ J» ' ' ^ ■ ' "^'-'M - .; <■■.■■ \;;i: /" 'y ..'' '' ■.'-' .\ ' ■■» .. ■ '-I.' ■" ,::,-;^> /.■-::.:- '. "'..'^'■^ m: ^ J- ■■■/■■.;. .■■-''■ "f ' '':■" ■■■ ■'i' ■ '■■■-■■ . ■1 .■. *'* ■ ^. . ;" :■ - y" fl. ■' '■ " '..,': ' ■■■'■; ' \- ■ ■■ • '■.'"-• '\- '/ ^t*'^?^- ■' 'H ^■■ /' :i ■V % IMAGE EVALUATION TEST TARGET (MT-S) fe ,* ^/ .^.^ ^^ %^% :1 ' ^ ^;^ ^'^;- >j^ r^^:.>. ^ x>^ Saences Gaporation 23 WEST MAIN STREH^ WEBSTER, N.Y. 14580 (716)872-4503 ■^ --'.-■ ' • .>^-^-^^ '■--'-: :;•.';■;■■ .... . ,. ,- • ,.. . . . - .. . /^^...^ . . ■ ., -.^ . .. ' ♦ ■■ • ' ■. .' ,.■■'■ ■''•.■,' .'■■■■■^ " . ,- : . ■' "^ ^-^-^ ■■'■:-.• -•■:■■■:■_ ;..;■ * * ■ . ■ " • , . ■. ■■./-**.. •^''~\ "^-"^^ -. * ■ -^ ' ' ■ '■ 1 ' . ■ : ' • ; ■"' , . . / t^.^\^--:./- ". v^ ^.^ .■■-■'- ' ' ■ ■ ■ : ■* ■■ / *■ •^"\''"--.: ■■• } ■" '^^M^ ■ * ^^^ ■^. -.'■..,- . .» ■ ' ^ "'" ' " yr _ ' .m ■■■,■■',. . . .>^"' ■ ' •' " * -../'■.' *■■--".■.■"* ~' ■■■■.' / ..•-'■■ ' : : ^-^ ■' " .' ■■■'.■..-;■-. r. *" ■-..'■' ■' . . •■••/ » ; ■ .■. » . .' ,,'■•, ■■- " • ■■•■.■. -■•,.', ^ ^' \- ''■-'■■ ■ ■ , ' ^'■■' ' " ' . : . . - ■ ♦., .. ',■ v^'hB'f-r.. ■ . ' ■ ■' . % ' ' ,''•..-■ "■"J^my , ' . ' ' ■ " — - ' ' . '■."■.. „■ :-vf-f?irf'''^ " , ; ' ■ ■*■• ■'- ■ '. ■'>'. ■ ■ ■ ■ ' . '- \> .■ - .- , * ■ r > * ■ ■ • ■ ^ ■ ■ - '* - ■-;r- ' ,'/'■' *■. ■ ■:r :-r -^'''~'^::~~'^'^^^^^^^^^^^^^^ • ' ■ '■ ■ ■■ •■ . . '""""'"'"'--., • . .".'■' , ■„. • _ ; • , " . """"""""--^ ^ ^ ■ ■ - ' ■' •' . *■ ■> - y'''" -■ ^^"'^■''S^ '. " - - , ' ( " ■-'"(■ 1} ■"'■.■-. ^'*'*Nt • ' \ ■'■■.■- -T -' ■ -j«* ^^\^ *' • ' • ■ - ; . ■ ^ ■ '■' '■ _--^'' - ; ; • ^^\. " ■_ •„ ' ■* ' ■ . ' ' ' ' •-■'' ^""Xv. • :' '-^''' ' "' *■ ■ ■ - ^ ■' • ■"■ "^ ^V ■'- » , ■ ■ ■ . ■ , ^"^S^ ■ . '. . * .■ ' * ^^"^^ • ' j ^^"w^ * ^Nw A j' ■ '- ' ^*^*^ • ,-, " •' *- -^ ■•■.'■■ ''.'''■■■ y^ ■ -^S,^' ' ■:■ ' ■ ' ' ■..'■■ '■...-. < ■ /'. / / ■■ ■ ■ ■ ■ ■ ■ - . ■ . , . . ■ ■ ' ^ . ■ ^ ^ ■,. ■ ■ ^ ■ / ■ ■ ■ ■■ : .^:■.- A^ ■■' "' ■ .. *■■'•■-.■. '■"' ' ' '■• ■■''■■ ^^ ^ \^ >^^^«^ •- ^' V . . ■ . .. . : ■ ■■ ■ ■ ■■ .-.•. -•■ ■■-.■■. .^.^S >^888r^ iS58^ ■ . ■ ■ ■■ ■. - ■ ■ . ■ ■ ;, " ^ ■;.■■■; ^\ w . / . ' . . ■ ■■ ■ ■■ ■'.■'■ :' ■ ' ■ ' ;>. ■ ' . ■ >u ■ ■ ■■ ^ • - ■ ■ ^. . ■ ■ ■■: V* , 4 " 1 "^"^ ■~"- ■ ' '- ■. . 'v " ' ' " ' ' ■ ■' "" .""•••' """ " ' . '"Mm «•-.'-• . • ^ — ^^^^bS - ' ^ ' ■"■■vf" ■ ■•■.■■ ■ .' / ■ , . ■, .;:.,„» j^-* ^ APPENDIX. tveiry order to remove and copy thereof, '' " . Attendance on Judge for his allowance, Every other necessary attendance, - . - Upon every Appeal heard or argued before the Judge, ^ ■ not less than, - - " * And not exceeding (at the Judge's discretion,) , , - If argument be heard before the Court, such fee not exceeding 3 Guineas, as the Court may allow. Preparing Bond, - - , . " Every Attachment, «»• - . - Every notice or Summons and service on adverse party, Attacliment for Costs, and proceedings obtaining same,- £0 6 8 3 4 0. 3 4 11 8 2 6 . 8 5 (y 5 2 10 vSHERlFF'S F^ES. Same Pbundage and Fees as "on Execution. ■■%■ APPEIVDCX: rvo. 4. / FEES IN ACTIONS NOT Wmk^ IN THE COURTS OF COMMO^ PLEAS, ': -^y 5 miUain IV., Cap. 29. :>% •'JUDGE*S FEES. On the entry of every cause not settled at the return of the Writ, - - On the entry of every cause for trial, On every Judgment, - - Taking Special Bail and entering the same in Bail-. Book, - - " , " Every Summons granted or order madje out of Court, Taking a Depositioifi dc 6enc esse, -% Justification or disallowance of Bail, - - Appointment of a Guardian or Prochein Ami, Taxing a Bill of Costs, - * - ^^ " Render of a Defendant in discharge of Bail, (including the commitment or order for taking into custody, ■w.' £0 5 3 4 3 4 3 2 6 5 2 2 6 2 s 2 6 '■■■'V it > - -.. ^ ^^.-v' ( 5 5 appendix;"^ ^ A Every affidavit, for each Deponent^ The same fee to aity person- authorised davits to be read in Court. affi- XI. £0 I \ ■ CLERK'S FEE luding Sub- Signing and Sealing every Writ the filing^of the docket ^^-^ poena excepted, - / - - £0^ 1 "^0 ' Entry of every Cause, Entry of every Rule', Entry of Appearance or filing Common B^il, . Filing every Process, pleading or ether paper, and marking the same as filed, , - v Copy of every Common Rule, - \.- Entering Interlocutory Judgment, * - - Entering Admissioi;i of^ Guacdian or Prochein Ami, - Every rule or ord^r entered in the Minutes, - If more than one folio, for every additional folio, Copy or transcript from the Minutes or Records, per folio, (a folio in ail cases to include 100 words,) Every search made in the Files or Minutes, Signing and Sealing every Subpoena, and filing Precipe, Entering a cause for trial, - ** * - - Calling and. swearing Jury, and t^ing and entering verdict or non-suit^or entry of discharge of Jury, Swearing every Witness or Constable, and reading, every paper in evidence, *||-* " • Taxing costs where a trial has beei^j^ra^, " -b Taxing costs in any other case, . "• . - Making return to every Writ of Error, Habeas Corpus or Certiorari served on him, (exclusive of copy or transcript,) - - - - 6 2 Every Certificate under the Seal of the Court, in- „ eluding the Seal,)^ - - - 2 On all monied paid intp Court to one' hundred pounds, per pound, - - * - Q? 6 All above one hundred pcTUnds, per pound, - 03 When such money is paid in by a Defendant on a plea of tender , or order obtained by him fo^-payingmon^y into Court, thei,poundagie shall be paid to the Clerk, in addition to the money paid in, and may be ihcluded in the Defendant's taxdble costs. > ' " 1 1 1 6 0. 1 : . ;, 1 1 •■ x 1 y-- ._ 1 VI ' ■' ,■ ■ 1 . d # 1 2 6 2 ■ -." .:'! 1 . ■ 'J «''■';:«(■ V. Xll/ XiPPENDlX. ATTORNEY'S FEES. /• . Taking iiwlructions to commence action) Writing lotW tor Defendant requiring settlement before action DV6ught, - - " Preparing cverVProccss in a cause excepting Subpoena or Writ of Inquiry, - - - The Precipe or I)bcket thereof, - > - Copy of the Writ and notice, (when recjuisite,) Drawing every Declar^on and copy to file, not ex- ceeding ten folio, \ ", . " " For every additional folio abpve ten, (when necessary,) Every copy of Declaration for adverse party or when otherwise requisite, per folio. Taking instructions to defend action or to enter Special Bail, - , Special Bail-Piece, Common Bail or Appearance, . ^ Drawing General Issue, - . I Each copy thereof, - ' Drawing every Special Plea, per fplio, \ - Each copy thereof, per folio, v^reparing a Writ of Inquiry of Damages, (or Is per foli9) Making up J[u^^ment Roll, per folio, Attending Assessment of damages before Court, '^ Attending Assessment of Damag|g^efore Jury^^, of Inquiry, -- "; Every Subpoena^ Every copy thereof or Ticket, f / • . - - Service on every Witness, v- Attending th« examination of a Witness de bene _.. essb, \ -^•■„'. -^- _ -■ .. - Every notice, not exceeding one folio, ... - ^ - For every additional folio, - - - Every necessary copy thereof, per folio, Serving every liotice or other paper. Every Summobs or order of a Judge, (including at- tendance,) - - Attending a Jii^g^on Summons in controverted cases, Every necessary attendance before a Judge or the Clerk, (not otherwise provided for,) Preparing Brief for trial or arguraentj -p" *- On Entry of a cause for trial, - - PreWunng every Writ of Scire Facias, per folio, Preplring Bill of Gost^ where a tri^l has been bad. ges oeiore mayM^e 1 £0 6 8 M 5 3 ^0 6 1 6 5 1 6 6 8 1 4 1 I 6 1 6 4 3 9 4 6 8 2 e 1 6 8 1 1 6 1 3 4 6 8 1 6 8 5 1 8 .•«rj^ / ^it^w^^^^L. ITT TV 5 1 6 6 8 1 4 1 1 6 1 6 4 3 9 4 6 8 2 e 1 6 8 1 1 6 1 3 4 6 8 1 6 8 5 1 8 .-.^ / APPENDIX. , '' ■ ■ -■ ■■■' In any othet case", \ Half of the above fees for a copy of Bill of Costs for Client or adverse party when requisite, and no charge for a Bill of Costs to be allowed in any case before the entry of the cause on the return of the Writ. Preparing every Affidavit or other paper not otherwise provided for, for the original, per folio. Every additional copy, per folio, - - Every motion actually made in open Court and entered on the Minutes, - ' - XUl. XU COUNSEL'S FEES. Perusing and signing Demurrers, Special Pleas, Repli- ' , cations. Rejoinders, &c., to whitsh the signature ifjii the Counsel is necessary, This fee to be allowed only for one signature, when mone than one Special Pleading in a cause is prepared and delivered at the same time. On every cause entered for trial, and for every Argu- ment'before the Court, not less than One Guinea, * ^ 6 Ftc, Cbp. 33. J JUSTICE'S PEES. Upon entering the Cause, Trial, Taking BaU, X'-"* - \ ' 2 0' 3 a 3 4 »' 2 ■'-■'■■■ ■•'^CJLERKc'S FEES." , ''^"" For ^igang and Sealidg Writ and filing il?*recip0y - 16 •■>\ 4. y \ ^ySf" i«pf*-Ty V <(■ -I ■■ •—- "jn^^fit- .jmpv B' '^ V. APPENDIX. Filing all other'papers, each, \ - Filing Writ and Entering Cause, C Entering Assessment and Final Judgment , \ Taxing Costs; - - £0 6 b 1 6 2 ^ r-'' attornBy^'s fees. . . ■ ■ ■ ■ . -"t Writ, Precipe, Affidavit and Declaration, If no Affidavit, - - - Copy of Writ for Defendant or Bail, each, . Bill of Particulars, for original and copj, per folio, - Attending Assessment of. Damages and Entering Judgment, - 7 - - Attending Taxation of Costs, — • - — — Attending Execution of Writ of Inquiry, ' - And in all cases that dp. not go to a Jury, for ^tl other proceedingi^ to final Judgment, - * For every motion necessarily made to the Court in Term, and for all other necessary proceedings in condlucting or defending any cause under the provisions of this Act, and not herein otherwise provided for, the Fees sha)l be the same as are allowed and taxable in and by the Act of Assembly regulating the Fees in actionllhot Summary in the Inferior Courts of Common Pleas, \ £P 11 8 10 5 6 3 4 I d 4 0^ ■u \ •> : COUNSit'S FEES, x On every Cause entered for trial, and for every Argument before the Ceurt in Term, not less than lis. 8d., nor more than £1 3s. 4d., as the Judge presiding may determine on. \ , \ APPfiJVOIX ]Vo. O. . -.f- =/■ >EES IN THE COURT OF CHANCERY, . Prepared pursitant to 2 Vic., C. 35, S. 14. ; /^ "/r. MASTER'S FEES. For every Summons, - - - i£0 2 Copies of all writings brought in before the Master, for »« ^ each %lio containing 100 words, - - 6 • aJ^ iXjMt ^ii^jt' 4 Bf it; APPENDIX. '»jf. ^*br every Report or Cerfificfite ^made pursuant to a hearing, - - If Report exceeds ten folio, for every additional folio 'v beyond that number, For every Report or Certificate made upon petition or motion only, - If Report, exceeds five folio, for every additional folio, For every Recognizance prepared by him, per folio, For an Examination Fee, each person examined, *■ For every Exhibit signed by a Master, every person shewn to, - ■ - - , For every Exemplification examined by two Masters, for each of the two Masters, For preparing and execbting a Conveyance of Land, For every folio beyond ten, which the. Conveyance may contain, - - - For preparing an Advertisement of sale of Land, For attending a public sale when Conveyance is to be executed by him, - - For examining and settling a Conveyance to be exe- • cuted by another, - - . For ^very Bill of Costs taxed, for each folio of the same. For Wearing every Witness, Appointing time and place for examination of each Witness, - -^ - Taking down Interrogatories and depositions, per folio. Certifying t)ie Examination, -, Swearing a party to an answipr or other pleading, For every short atteipdanqe "on Summons to' appear before him, •• - For every attendance on ditto over one hour and not exceeding two hours, i^ - • ^,%, - - 'or every attendance on ditto over ^v^ hours and not exceeding four hours, - * - For every Recognizance acknowledged before him, xy. (■•', -' XVI. APPENDIX. For filing every Report or other paper, , „ - £0 1 Copies of all Orders and Reports, per tolio, - 10 •For drawing, engrossing on parcliinent, and copying on paper, in cases not otherwise provided for, the same fee as the Solicitor for the like services respectively. . For the Register's or Deputy's hand to every copy of Affidavit, I - - - 10 For every Certificate with the ^Register's or Deputy's ^^ hand to it, - - - - p 2 3 For entering a cause for hearing, or setting down in \ motion paper,, - / * " 10 For every Decree and Dismission, - j - 5 For every- Search, - - 1 - X) 1 Fpr entering Attachments, for each person, - / '0 ^ Entry of all Amerciaments, - -/ 10 Entry of Appearances, - - /- 6 2 Signing and Sealing every Writ or Process, - / - ,0 jl'^-^ For every paper read in evidence, •' - / _ ' 6 '-For preparing every Subpoena overhand above/ signing and sealing, - - / - 2 ' 6 '>k -^^ COUNSEL'S FEES. ■K. Retaining Fee in each cause, - - For perusing and signing every Bill, Answer, Plea, Demurrer, or any other Special Pleading, Inter- rogatories or Exceptions, ^ Jjj^ ^ For every Motion of Course, - - For every Special Motion, - - For arguing every Plea, Demurrer, or other Special Argument before the Court, and on the hearing of the cause, fee at the discretion of the Court. For attending the exilmisation of, and examining each Witness when examination is oral, Counsel Fees upon special matters, where their as- sistance is necessary and not otherwise provided ^ ffor ; at the discretion of the Court on Master's Certificate. '• • /SOLICITOR'S FEES. Retainmg Fee in each cause, If A £10 1 10 15 5 ■x £0 1$ ./> rfl,. . w . Tim. -^■4M 7f^~ :iA~ APPENDIX. ivH. For drawing every Bill, Answer, Plea, Demurrer, orf , any other writing, not otherwise provided for, per folio, - ". For every copy thereof engrossed on parchment, per folio. Every copy on paper, per folio, Solicitor's J^ee for each Term, only four allowed. Attending in getting every Petition answered. Attending the Court on every Common Motion where actual attendance is given, - For the like attendance on every Special Motion, For copy of every Order, per lolio, - - Serving the same, - ^ ^ - , - Attending the Court upon every Hearing, and upon every argument where act%l attendance is given. For abbreviating every Bill, Answer, and all other proceedings, per folio, - - - Every Subpoena or other Process, - Attending the Register upon drawing every Decretal Order, - - - -*' Attending the Master to file any change or discharge, Attending on Summons to proceed, - ' Serving all papers not otherwise provided for, . Postage actually incurred to be allowed » The Solicitor General to have the same as other Solicitors, and ©ne fourth more in cases that concern the Crown, £0 1 8 ^ \ 5 / 6 8 3 \ 6 8 a 6 a 4 .0 15 r^ 1 6 8 3 4 6 I 8 £0 13 1 4 3 SERGEANT AT A^p FEEg. For taking a prisoner into his custody,' Mileage, for each mile. For serving every Summons to attend a Master> "Serving every S^bpoilgt^to appear and answer, or other Prpcess on each Defendant, nof otherwise pro- vided for, - - --_.._ Poundage, the same allowance as on Prpcess at Common Law, (except that no poundage to be allowed except in cases of monies levied and paid over under Process of the Court,) the amount t^ be levied in addition to the sum directed to be paid 2 6 or levied by such Process. SHERIFF'S FEES. . Serving every iSubpoena to appear and answer, or other Process liot otherwise provided for, * X it £^0 2 6 •>-1 \4 ".>N will. APFENUIX. £0 3 Miloagu, for oacli iiiilo to bo computed as pn Procew ul Coinmoa Law, . - - IVnindagy, tlio same ns tho Sergeant ut Anns. For every arrest under Writ of Attachment, or other Process, ^ - - - - 6 IVoTK. — In all cases under the foregoing Table, the folio h to be considerfcd as containing one hundred Woj-ds, and the fraction of a folio is to be' reckoned as one folio. TiPPEMDIX FEES IN THE SUUROGIATE COURT, By 3 Vic, Cap\(M. ^. SURROGATE'S FEE8. Examining Petition for Letters of Addinistratioiv* or Probate of a Will, and granting OrdcjXor \^6 same. Every Fiat for Appraisers or Bondsn[ien,| Every Order not herein specially provided for. Certificate endorsed on Will, of the prpof thereof, Certificate endorsed on Will, of Oath to Executors,- For the Probate of a Will or Letters of Administration, where the Estate does not exceed £300, Where above £300 and not exceeding £1000, ' - Above £1000, - - - - ''Signing Warrant of Appraisement, ■: - Citation, including Order for the same, Every Subpoena, Attachment, Execution process, not otherwise provided for. Order foip the same, - - Letters ad Colligendum, - ' #> i •" Sentence or Decrete in ordinary cases of giranting Li- cence to sell Real Estate, passing Accounts, or of ' Distribution, &c., - ' - • - " Sentence or Decree for Probate of a Will, Letters of Administration, or on granting Licence to sell Real Estate, passing Accounts, or Distribution, &.C., where there is a contest, " " or other including £0 ^ 6 2 2 6 3 8 6 6 8 4 16 8 1 3 4 2 6 8 2 6 3 4 2 10 I 3 4 2 6 8, § %PFF.NI)IX. XIX. TratHinitting Appenl, with stntcincnt of ron.HOii!^, - £i J< 4 Taking Testimony in Writinj^, each Witness, ifTesti- niony (loes not oxcced three fohos, . - B^ery folio above, » . . . Examining itnd Taxing Costs, Every Oath, - - -„ .- i •On granting Piobuto of a Will or.Lct(orsl of Ad- ministration when the Estato docs t\nt exceed j^lOO, and there is no contest, When the Estato does not exceed i^2(M), and (n)^ there is no contest, - ' - For Licence to sell Real Estato, and all pro- ceedings, relating thereto, where tho Estato does not exceed £i2(M), and there is no , •. contest, .- — - -10 '.) 4 1 a u I 1 1 10 8 6 6 8 4 3 4 6 8 UE(JISTER'S FEE8. Filing Petition for Probate of Will or Letters of Ad- ministration, and Ordur of Surrogate thereon, Entry of Order for Probate or Letters of Administration a^d every other Special Order not herein otherwise provided for, - - -^ For tne Probate of a Will or Letters of Administration, where the Estate is under £300, Where above £300 and not exceeding '£ lOOOj All above £1000, Copy of Will annexed to Probate, per folio^ Registry of Will in Book, per folio, Prepaijtf||Bohd of Administration, or^n sale of Red! OlSH, or for payment of Co^ on Appeal, Preparing Citation; and SpaL Each copy there^of to be served, - Preporing Affidavit of Service of Citation or other process, or any other necessary Affidavit, Warrant of Appraisement and Seal, - - Filing every Paper, except Vouchers filed with Ac- counts, Filing every Account and Vouchers, - > ' - All Copies of Papers, for first folio, - . >^ , . * Every additional folio, - • - - v- ■ •.-■■/■:. 9 ', ; 6 8 ,' 4 2 1 .. "" OM . ■ 6 3 4 ■ ' ' 'a 1 6 :A- \ \ XX. APPF.NDIX. Certiflcato under tlio S«qI, Including tlib Seal, ' - Knlry of every Order or Decree in ihq Hngistry l|ook, not specially provided for, per folio, ' - For every irtopect'ion of ori^^inul Will, and ntiending the party inspecting the same, • . - Every search in every other cQse, l'rc|Mfing Suhpflena unti Soiil, - . Kvery Copy or Ticket required, - - Kntry of Caveat or Appeal < ' ' - Preparing every Execution, Attachinei|i or other pro- cess not specially provided for j - - ('ertificote of Licence for sale of Real JE^tate, On Probate of a Wil) or I^etters jof Administra- tion, when the Kstato docs not exceed i^ 1(K), and there is no contest, - • - When the Estate does not exceed £200, oiid there is no contest, - On Licence to sell Real Estate, and all proceed- ing! relating ihereto, where tr '^-'" ^- — not exceed £200, and ther& (*n ie Estate does is no contest, \ 1 PROCTOHf AND A'DVOCATE'8 FEES. Taking Instructions /from Client to commence or de- fend any proceeding in Siirrpgate Court, Prepalring every Petition, Allegation or other Paper necessary to^ be prepared by him,' per folio. Every additional Copy thereof, per folio, ^ - Every necessary attendance on the Surrogate, ""'^ r Every iHearing or Argument before the Surrogate, not less than Half a Guinea, nor more titan Three Guineas, at the discretion of the Surrogate. Serving every Notice, or other Paper, on each person-, £0 5 9 3 0" 1 s 6 1 Ot 3 4 i2 5 1 1 10 I £0 15 r 6 6 ^ '8 10 SHERIFF 'OfrOTHER NT INISTERl AL'^OFFl CER'S FEES, Serving Citation or other process, (Subpoena excej^ed,) on each person, j~~ £0 2 6 ([6) See 7 Vic, e. 41, i. 6.. •» » . '^ APPKNDIX. XXI. V I'osiiiig up sninu^ ill ihroo public plnccn, dirnctod by ^ .Surrngatn, ' - - . , - £() 6 o Serving Subpoinn on ooch penon; - - I ■ Mileage, tho ] =f ippRi%m\ .%o. H. FEKS \\ BANKIlUPtCY, By 5 Vic, Cap. 43. # i 6 6 ^ '8 10 2 6 COMMIHHI01>rh4l'H FEKS. For receiving^, opening and fding everjTFiat .of Bunk- ruptcy, - - Appointqient of Assigned by Warrant •■» Waffant to Arresf Danjvnipt, &c., - Caivsing the necessary Notices of Bankruptcy to 1)6 ^ mserted in th6 Nd\yspapers, - Receiving Petition of al|«ged Bankrupt, &c., Granting topy of same, and Documents, to be paid - by the alleged Baq||rupt, ppr folio, Ever^ Warrant to Surhmdn Jury or Witness, E^ojli day's sitting in Court ito . hear any cause for ^ meeting of CreditoK^to prove or contest''debts, make distribution or oppose Bankrupt's Certifi- cate, to be apportioned among the different cases, Copy of Minutes and Evide^nce for the Chacicelior or Master of the Rolls, to bo paid by the ptirty ap- > pealing, per folio, - - , Bankrupt's Certificate, - - , ^^■y' . Any Orddr made on hearing, V For Examination of Bankrupt or Order bn personal inspection of his property, , For Administering an Oath, .''•■. £i 3 4 6 CO 5 n .3 1 4 5 1 \ 2 6 ll/3 ;4 0"': 11 8 !8 ist^ 3 1 >• rt i xxu. APPENDIX. APPEiVllIX ]Vo. 0. <■/ \ V &.' FEES IN THE COURT OF GOVERNOR AND COUl^CIL. ADVOCATE'S FEES. Retainujig Fee, - - ^ - - Perusing and Sigijjng Libel, Answer, Interrogatories, -or Exception, - - For eveiy Motion of Course^ . For every Special Motion, ' *• For Arguing the Cause, - • - - '- proctor's*;fees. y Retaining Fee in ev«ry Cause, - - Drawing every Citation, Libel, Answer, Interrogatory, ; • Record, &c., every sheet containing one hundred .« words> - - - , For every Copy thereof, per sheet, -^ - For Engrossing the same, per sheet, - .Term Fee, - \ - - For attending a Commissioner upon Examination of a Witness de bene esse, upon Interrogatories, ^ Serving alF necessary Notices, - . - £1 t) 15 5 10 1 £0 15 1 5 6 8 (Ho 1 b 6 'v*^ ' CLERK'S FEESI. '-■■■'\ ...■•■■■ ^■ For Signing every Citation, or other Process, Filing evely-^aper or Process, and for every Search, - - - For Copies of all Common Rules, - Minuting every Motion, , - Entering every Order or Decree, Filing the Reecurd, '■■f^ £0 2 & 'or Drawing and Copying, ih6 same J<'66 fts to the ' Proctor. 1 2 1 2 3 •l , APPENDIX. SHERIFF'S FEES. XXIU. Servin* Citation, on each person, . " " Travelling, from the Court House of the County, per ^ ^^ 3 mile, "j " '' n26 Serving copy of Libel on Defendant, - - " ii CRYER'S FEES. Upon first Motion in each Cause, Upon final Decree, Swearing each Witness, M- £0 1 .0 1 6 * ©boftlMISSlONER'S FEES _Vr For each Witness examined) ' Taking Affidavit, ^ - ^ ^ . For Drawing and Copying Answer to Interrogatories, if done by him, the same Fee as to the Froctor. £0 8 1 i ,^ U-* r ■ 'U . mmmimmtimiMimiifm *> y ..- -s: W: r \ ■• # V' y I'Af.K ;■ • --St*.: I'aoeI ERRATA. Pack 3.— Notes (m) and (lA^^uJ *' Hilary T. 1 Virt.," rand/ " HOary T. 120.— Note (n), for '* Ex pane r. Moxtrol,"^ read «• Ex jxtrtt Maxtnl." 2 Vxct." i ADDENDA. I'aoeS.— To note {g)—" McPhenoH v, Hoskins, before Carter J., July, 1840." 16. — Note (t) — Dor V. King, is reported in 3 Kerr 178. "> 17. — IVote (x).— "A second Writ of cu. sa. issued upon a judgment more tlian a jrear old> is irregular without a scirt facias to revive the judgment, unless Ibe original execution issued within a year and day, is on nie. — Brown, v. PartttoMi, Hil. T.,1847. 25. — Note (9). — A motion to enlarge a rule Nisi for an attachment aminst a witness, in consequence of not being abfe to serve him with a copy of the rule, must be made during the term in which the rule was returnable. — ilMoC ▼. Frink, Hii; T., 1847. ' 27. — Note (t).— It is no objection to u motion for. judgment as in case of a nonsuit, where a clear default has, l)een committieid, tliat a similar application was unsuc- cessfully made in a previous term, upon an affidavit which left it doubtfiil whether \\\c application was not then made too soon.— IVAitAer* v. Spooner, 5 M'. & G. 721. Where there are several defendants appearing by separate Attornies, they may ra^ch move for judgment as in case of nonsuit. — Rhodes v. Thamiis, 2 Dowl. & L. 531. *•. A record having lieen withdrawn in consequence of the aluenqe of a witness by ' the contrivance of tlie defendant's Attorney, a rule for judgment as in case of a nonsuit, was discharged with coata.-rAppleyardy. Todd, 6 M. & G. 1019. Where a plaintiff does not proceed to trial according to notice, the defendant may have judgment as in case ot a nonsuit, tliough neither he, nor any person representing him, appeared to cl^m a nonsuit when tlie cause was called on. — Allott V. Bearcroft, 10 Jur. 972. „ The affidavit, iu answer to a motion for judgment as in case of a nonsuit, stated, that the case arose out of circumstances similar to those existing in a case of W. against the defendant in this suit, tried at the same assizes, and that the plaintiiT withdrew the record in consequence of the Jud^e, who had tried that caus^, L^ having decided the question of law against W. A motion for a new trial in that cause having been refused, and the facts shewing that the plaintiff in this case could not recover, judgment as in case of a nonsuit, was granted. — White \. Mc Donald; 9 Kerr 220. —Note (to). — In answer to a motion for judgment as in case of a nonsuit, the affidavit of the plaintiff's Attorney sUted that a commission had been issued to examine witnesses on the part 0'.' the plaintiffs at WT, in the United States ; that one of plaintiffs residing at W. had written to the othet' plq^ntiff residing in this Pro- vince, that the commission had been received and would be executed, in conac«*>,"Fr '"j,* -^■'f ll^!"^*' XXVI. ADDENDA. ':-?^*.. J ^:*-^-; K^t r r. Pao« 28.— Note (w).— Where the plaintiff wu compelled to witlidraw the record in roiiie- quence of the absence of n materiql witneis who had lieen in attendance, and ■won that he went home with thi intention of returning to the Court, but was prarented from doing so by informatioh received i'rom the defendant tlmt the plain- tiff had withdrawn the record; thou^ the defendant denied having made such a aUtement, or that he endeavotred lo induce the witness to believe that such was the case ; the peremptory undertaking was enlarged on payment of costs of the day, and of the motion.— 7Vti««et of Grimock Church v. Lme, 8 Kerr 179. W.— Note (i).— .Where the trial of a cause was pat off at the assixes on terms of the defendant paying to plaintiff all cosU that had been incurred in preparing for trial, ■and for the expences of M., of Canada, who had been sent for by the plaintiff, as a witneM in the cause; it was held that the plaintiff was not entitled to recover mora for M's expenooa than the taxable fisei allowed by tlie ordinance.— Po//oft ▼. Rkekie, Hil. T., 1847. 102.— Note (O-— The Act 42 Geo. III., c. 7, extenda to actions of trespass to personal . property.— iimos y.««W», Hil. T., 1847. ■ I :.yy ABAI ADMI ADMI APPI] to A6E^ AMEP ANSV APPE. APPE k i/ \ APPR I'.— ^ TilBIl ■^7 ■A* H' ' (^-"-"pppi^l^ , and was lain- ch II was fthe : the rial, r, as over otlok onai ■m ' "^ A h'-i- IN HEX. (The letltr " n," affij^ to Ihr fxgurtu, dtiinteit it re/nmre to tht Nolrr.") Oath lo be a<^iBiiriatered ofi, ib. Letters of. 186. With WiU ABATEMENT.- -^^v ■--'-- " - ^ — /i---.:— ,----™^--. .— _ fime of pleading in," 48. Plea in for noii.j(>iuder, when allowed, 61. Residence of party omitted to'-'l^ Rtated in an affidavit, ii. Judgment in new action', 6S. Recovery of coats, ih^ Misnomeir not pleadable in, Ut. Party omitted discharged by statute of limitations, 61. Of suits in'eof, 64 n. Omissions in pleading, not amendable, ib. Must be made at ^t|[^ia^ ^6; Order for, indorsed op poatea, 69. Party dissatisfied, may apply for new trial, ib. If refused, no remedy, ib. a. Judge may direct verdict according to evidence without amendment, 66. Finding atatM oq record, i6. ANSWER. f-^i To be filed with Reffiater, 109. Solicitor's name to be indorsed, 112. Swora t.j before Master, i6. Wneaput in. 111. If amended, 112. Confined to perticolar \ interrogatories, 128, 126. Nullity before interrogatories filed, 116 n. , APPEAL. V From Surrogate's decision, iform of, 1^. Notice of, 128. Form of bond. 14ik , Order for hearing, 128. Hearing, 12B. Dismissing for want ofproee ct ion, A. APPEARANCE. . , How efiected, 4 n. In replevin, 9. Bf , pkuatiff for dcAodant, 8, 6, 67. Whaa to be entered, 6. In actions against corpoi^tions, 64. Against membera of General - Aaaemblv,78. In aumniary actions in the Supreme Court, 96, 97. In CooBon - ^^ TIaaa, 101, 106. In Chancery, 110, 111. Order for, when d«tiwidant w e ide a tmt of Uie Provinee, 118. Publication and aervice of order, 119 n.^ Proof of air* ▼ice, llOn. I *■:,'/, APPRAISERS.— iSw ** iromntf ^ ^Rprouem^** Oalhtrf^lW. By whom adnUniateiod, t6. a. - ARBITBATK^ iUMWBoa hj rale of Court, how revocablo) 06, Aibftntor to adouniater oath, ib. ''- ' Witaeaaoa oomptUed to t»m4i 0*. XWlll. INDEX. "^ AHREST.— &e **JfiSidavltr Fur wliat •um, in Su|ircmc (y'uurt, S7- In Coniiwon Pleaa, ib. Amount to lie ^ iiidomcd on writ, 68. Hhpi't(f ntteniling Court, privilni^otl from, 2 n. Mcinlicrs or General AsMuibly, pi'ivilugeil from, 19. VVitiicas uttfiindmg Hhcriff 'h yxty, privilcgcd- from, 88 n: ASSESSMENT OF DAMAGEST^ ' In actions on tlic ciiro iiAer jtidgmcnt by dcfiudi ,58. noiulii, payable by inatahncnif, - ib. Bondit for pcvfonnvincc (if* nwurds, itnd covf nn'mt'^for imymcht of money nftcr judgnoent on tibijiurrcr, i6. Alter fiirtTirr' brravhcs of condition, 59. In covenant ' omr debt nfKcr judgment onr demurrer, fiO. Hy Judge in vacation, i6. Certificate of interiocutory judgnicnt/iiccefi»arv, 24. )tv jury of inquiry on application of defendant, 6— 68, 69, 60./ ASSIGNEE.-&e«Ba«*r«>tcy ■ ASSIGNMENT.— See "Limit*,"— "iie/'/mn.'* _ ATTACHMENT.— &e " jRerie.c,"— " SAenJ,"— •• W'i7«e»*." Costa in oicctnieiit, recoverable by, 16 ii. ^Vjili proclnmationa, not necessary. 111. To compel obqdicncc- to decree, 123. Form of,Jn Surrogate Court, 145. ATTORNEt. '^Period ofi^lHdy,,n, 12. Application fdr admiosion, 31. Notice of application, 12. Forni of petition, 88. Examination before admission, 31. Certificates of character and study, 9il, 46.. Time of admission, 45. Ke-examiiiation and rc-adiiiission, 82 .Admissiim (if, from other Colonies, 12, 82. Non-residents not to practice, 10. Liable for Sheriff's fees, 22 n. -To practice as Proctors in Court of Governor and Council, 159. ' AWARD.— See , *'Po»ct aside, must, state grounds. 26. rcfercncci 50. / , • HAIL.- 5te ".^^^iJoronce,"— ".^rre«<." , Common — pluintiiT tu file fur defendant, 6, 57. Judgment signed without, -Ih-pguliir only, 6 n. SrECiAL — time for putting in, 2,10. Before whom put in, 21. In tlic Common Pleas, 102,106. Notice of, 18. Time and mode of excepting, I'A., 19. Serving notice, 5. Justifibation, 18, 19. Aflidavit of, ib. Costs of, 19. Filing bail-niece, ib., 20. Staying proceedings again3t,Ji4, 19. Time of application,_S^ n^ VV'lint •\ Made ex parte after refusal to attend will discharge, IQ 11. < exoncretur, 19, 61,62. BAIL BOND. Notice to sureties in^5. B.\NKRUPTCY. \ What acts amount to, 148 n. 48 n., 71. 'Render in discharge of, 61,^. Entcrjin!< P«tivion for fiat, 147. ment of assignee, 160,1541 Notice of appointment', 161. 150. Mepdorandum of 8urrender,M52. Declaration of dissent, 151 Form of fiat, 14$. Notice to Appoinl- surrendcr. Notice to by assignee, 155. Oath of meeting to audit ae- Adv^rtiscinent of iBILL. crcditorsk 153, Warrant to arrest Bankrupt, lA. Bond -to assignee, ib. Certificate of conformity, 166. Notice 'K" counts, 157. Notice of meeting to consider sale of debts, 158. sale, 157. Certificate of sale, 168. 1^ BARRISTER. V \ Time of admissitin, 12,26,45. Petition for admission, 13. None buti^o make motions, 12. None but, to take ^)i*1entH)-i$i ^ ; _..;■■■ ■ f ., ,,.^.:;>-"-: '^*^' : ^k' 4 ' ; To be filed with Register, 109.' S., n. ' COSTS.— 5i!e " Intarpktuler,'*—'* Security for Coats.'' Attorney to deliver client, bill of, 7. Notic£~ of taxation', when necessary, ib,, n. Where proceedings ousht to be sutmnary, 64, 96. Judges order for, 65 n. Ver- dict under £5, 65. Claim reduced by set off, 65 n. On award, where no judgment can bo signed, ib. Executors liable to, 66. On acquittal of on^^tOeveral defen* f" ■ ■" ■ 'dant8,t6. Entry of judgiioent for, I'A. n. In case of several issues, lA. Verdict upoA* one count, I'A. Oi^ nolle prosequi, 67. On scire ihcias, i6. 59, 91. On demurrer, 67. Subpoena for; 117. - ^'T Ca^'\ COUNTERMAND.-Ste "JVWi&o/." d' COURTS.— jSke " Circuit Cowt.^ I. Chancery— rukfl of, 109. English practice, in force, 112. Appointment of days for sitting, 116. Computation of time in, ib. II. Common Fleas— Jurisdiction of, 99. To issue subpoenas to any county, ib. Holding to bail in, 100. Affidavit for, t&. To appoii^commissioner* to take bail, Wi. Time of appearaace and entering bail, 106. Sfl^ adjourh sittiags^JOS. No trials by jury at adjoorped sittings, 104. Judge to assess damages in vacation, 105. AssesamentDvjqiT of inquiry, 106. Clerk to tax costs, i6. Judgment, to be 'jgned by Clerk, 107. May be signed in vacation, 106. Not to bind unds, 108. Testa of execution, 106. Kender in discharge of bail, 105. Removal of causes ffoaa, bf habeas corpus, 100,102,104. By writ 4>f erro/r, ib. By certiorari, 104. No pow«r to grant new trial, 106 o. ,n Summary Practice — in, 101, 102. Dechration inserted in writ, 101. Copy of particulars to be served, 106. Time of appearance, 101, 106. Interlocutory - jodgment signed in vacation, 106. Defendant let in to defend, 104. Evidenco uncwr generel issue, U>. Notice' of matters in bar, 106. Assessing damagea iit vacation, ib. Costs, where proceedings ought to be summary, ib. On icire : dence to be tsoa voce, ib. Attomies of Sopreme Court to practice in, ib. Comnris- sioners for taking affidavits in Supreme Court, to take affidavits in, ib. Anlur •** »^?- XXX. INDEX. . ^ COURTS- 6o«/*m«/. IV. SurHEMK Court — /i*» " Suipmary Pmelkr." V. SvRROo ATI— Time ami pluco uf holding, ito. Procaediiigi in. to be oral.tft; Examining witiwtMH in, ib. Prunuuncing deciaion in, ib. To be tintered in ininutei, ■'(. Appeal from, tb. CROWN. Not boUtad by Interplvudcr Act, 71 n. Cunnul proceed by two niliili on Kire (aciai, 90 n. CROWN PAPER. Clerk or llie Crown to keep, IS. Eutriei on, ib. Time of arguing, 24, 26. DEBTORS.— 5f« " Joint Debtors." In custody on execution, mny bo diaclinrged liv croditora, 70. Judgment to con- tinue in force against land* and goodi<, 71. Uail discharged tlwreby,i6. Executors ' may consent to dischai;ge, ib. DECLARATION. ^ When to be filed, 2, 5, 6, 18. Filinff de bene esse, 5, 6, 18. Serving copy on defendant, 4. Time of pleading to, 3, 4, 5, 6. Compulalioaof time,4 n. Service on prisoners, 85, 36. Initials of name in, 78. . ' DECREE. Register to enrol, 109. Enforcing performance of, 122, 123. DEFEAZA^CE.— See ''JTarraHt qf Momty." ■ DEMAND OP PLEA.— &c "P/eo."i DEMURRER. ^ t In summary !|ctions, 96. Joinder in, 60. Entnr for argument, ift. Statement of grounds, 41. Making up and delivering books, 17, 28, 49. CosU on, 17, 67. To , ill in chancery, practice on, 124, 126. / DEPOSITIONS.-SHe "/ni«CW^one»," DOCKET. Time of filing and entering cause, 2, 8, 10, 21, 29. Effect of omission, 29. Of ■J- judgment, Cleilsipf^rieas io make, 72. Attorney to deliver, ib. Pi-esumption in favor of^ »6. n.^'>^ „ V EJECTMENT.— Ste •*^ofM«h< Hufc." > Notice to appear, 211, 2^. Service of declaration, 26. For non-payment of rent, requisites ofaffidavit, ib. n. Recovery of conts, 16 u. ENTRY DOCKET.— 5fee "^Docket."* > ERROR. y- : , Writ of, when granted, 100, 102. How obtained, 16. Assignment of, 100 n. liXAMINERS.: To be swora/ 112,118. Formofoatli, 118. Special, sworn by conunisMonor, 118. Certificate of commissioner, 118. To appoint time of examination, 114. Exami- nation before, tfr. To tiansmit depositions to register«t6. ■ EXECUTION.-S^ " CapioM ad Satitfacitndum** Teste of, 81, 106. In interpleader, 77. Void or irre([ular, 17 n., 81 n of, in Surrogate Court, 14& n. C% summary judgment, bmds lands, 96 n. EiECUTORB.— &e"/>eMor».»» /^ Liable to costs, 66. Bond to Surrogate by, 188. Form of oath to, 185. EXONERETUR.-&e « flo«." FEES. " Atlomies to pay to Clerk, 2, 8, 10. To Sheriffs ou service of writs, 22 _ ^ interpleader cases, 77. In review, 88. Form In flA*t.—See *♦ Bankruphnf," GENERAL ASSEMBLY. Proceedings against members of, 72, 78. fSSUEr-=^iSlBB *^ ^mmonPtensf^^^^ GRADUATES—Ske " *4«or«ev,"— " BarriaUr.'' ^': A I . /„■■..■.■ INDEX. f.j XXXK 1 ia icira con- itori f on vice / It of To Of n in «nt. 118. tmi- orm U GUARDIAN. ■':■'■ m I'niition (or nppipiiiiinoirt of, 130. When rsfcAMcp to Mmter iinno-MtMMiry, 121. What aUiU) offiictM mificionl, I'fr. Petition In roiitlrni Mnttor'i r<'|iortuii, i6. t'ottn, how |mi(l, 120 n. Kcroi^nixunco hy giiariliun, i6. HABEAS CORPUg^.,^^ Wlion ^nititourt of motion, ib. tNOUIRY, WRIT OF. Defendant may npply fur, 58, 09, flO. Herving copy of bill in order to obtain, Motion to (liitolvc, ib. Judge* may order, 60. No verdict on^ ■ccond may isi'uo, 6 n. Execution of, nt Nisi Priuv, ib. INTEREST. Mode of calculating, 11. On dobtapayable at certain time, or nficr claim, 60. In trover, trcspaiiH, and on |)olicii'H of HMnrance, 61. INTERLOCUTORY JUDGMENT.-.Sce "JiM^en/." J'6 . INTERPLEADER. Relief by, in caicn of adverse claims, 78. Time of application, 74. Affidavit in support of, ib. What cnites within the Act, ib. n. Costs of proceeding, 75. Relief to SlieriRs, 76. What a sufficient clainij ib. n. Time of application, ifr. Proceedings to be entered on recorti, t6. To have effect of judgment, ib. Execution "> for costs, 77. Teste of Execution, i6. INTERROGATORIES. ' Evidence of peraotiji infirm or about to leave Province, taken upon, 67. Affidavit to obtain order, 80w> Time of application, t6. n. Renuisites of affidavit, t6. Com* ^ mission to examine witnesses abroad upon, 68. Compelling attendance of wit* nesses, ib. Entitled to conduct money, 69. To be exan^ined upon oath, ib. Prisoner brought uy by Habeas Corpus, lA. Special report upon examination, ib. Costs, t6. Wlien inadmiitsible, 68, 70. In Chanctry—to be fifed ^ith Master, lit. Notice to opposite party, I'A. Filing cross-interrogatories, lA. Examinerlto appoint time, 114. Mode of examination, ib. Depositions to be filed with Roister, iA. Not inserted in bill, 128. To be filed after appeantncOi 124. Served on flfefendant, Ot. Form of, 128. INVENTORY. . ' Form of, 189. \ '^ f lRREGULARITY.4'a» " ^rectrfton." •nga , At How distinguished from nullity, 6 n. Time of applyiiJIit to act aside fotfib. 2 0. JOINT DEBTORa Answerabfe to creditors separately, tY. Judgmertt against debtor, not lerTed, ift. No execution without scire facias, i6. JUDGMENT.— &e »• Common Pleas**^*' Summary Pradi^r T^ . L^^ Bif default, when to be signed, 3, 5, 6, 41, 88, 46. What it adroit*, S n. Setting, ~ kside for irreRularity, 6 n. In summary actiona, 96, 97, 101, 106. Tu be aigned.i' by Cferk in Common Pleas, 107. In debt, form of entry, 84. On poatea, time of , signing, 81. Judge may stay, >6. Court may arrest, H>. Entering rulr, •(, Roll, to be on parchment, 1, 8. When to be fifed, 8. In case of loss of original, A. n. jT f( JUDGMENT AS IN CASE OP NONSUIT^ Notice of motion to be given, and affidavit aerved, 26. To be entered on iiiotiRr conduct of Time of moring for, 24. Oroimd* of motion^ to be given to Judge, 22. In cauaea tried in York, thirty dnyi' notice to be givien, 88. In caae of negligence, 22 n. ^ P!UE- . POS' PRI8 for exceMive ^uiiiuecii, za n. tot absencei oi witncia, ib. lmpr<)|>Rr conduct of Ml jury, 22 n. If doubtful whether juit ice is doi^c, on payment of cpata, 28. Remedy III fiir coata, ib. n. On terma, after ulaintiflfa d^tb, ib. I NIHtLS. *■ Proceeding by retinm of, on acire faciaa, alwU^hed, 90. NIL DEBET. I " General iaaue in debt on bond in iummnry actiona, 95 n. . NISI PRIUS.— .See " drcuit Cburt." * Piling records of, 14. In lummary actiona, 21. Sittinga for Coanty of York, 28. *y.^ NOLLE PROSEQV^.^?^ *^ I For not rtlinj^' declaration, 2. Demand of ^laration, &c., 28, 88. For want of replication, W. When not allowed, 2 n. Setting aaide, ib. Tkne of applying, ih. NONSUIT.— &e "JtKi^menl a* m^»eo/.»' \ '. NOTICE.-&e "J3 PAYING MUNKY INTO COURT. ' . Ill wImi a. li.mi albiw*.!. M. l»riM;lk* »(, •/.. n. 10. Kffrri of, on f|itrial ilrcUni- nilion, .W II. Oil roiiiinuii enuni*. lA. Form of uI«h, .90. Kniillrailim to. 40. (.»*U, lb. r , , PEREMPTORY UNDERTAKING. In whut onw<« riiliirK«e«ding to trial or? judgment. lA. Charging in execution, lA. After render, 87. Agreement to preTent ■uperaedeaa, to be in writing, lA. (^uretiei not affected by, »£. n. PRO CONFESSO. For want of appearance. 111. Of plea, anaw«r or demurrer, lA. anawer, 112. Defemlant reaidirig out of Juriadrction, 119 n. PUBLICATION. Motion for, 115. / REAL ESTATE. / Petition to aell, 140. {licence to tell. 141. Bbnd on sale, 142. Notica ofwle a. Appeal from deciaion^ 143. / ' RECOGNIZANCE. ^J^o a . s6 t.fv. / \. ■ Form.of, by guardian, 180 n. ' . / RECORD. / # To be on parobment, I. Notice of trial ^,M. REGISTER OP CHANCERY. / To file all bills, lie., 109. To have custody of records, lA. To earoll decrees and seal wriu, iA, .-.-.- ' ' ™" RE-HEARING. Statement in petition for, 126. / / RENDER. / ■ / ■■■ How efiected, 61, 62. Who eptUtled to, ib. When complete. 62 n. /« OmnJm Plsee— how eflected, 106. ^^ RENUNCIATION.^* tration, 181. . / , V "/ - -^- \S Delivery ofdeclnrution against, 86. Affidavit of delivery, lA. In to plead, lA. Form of, lA. Sheriff to indorse time of receipt, »A. to declare, 86. Huiiersedeas for not declaring, lA. For not pn)C« \; Of auMifiled .1: or right to admin REPLEVIN. '^ When it lies, 82 Sheriff to take boL . may relieve suretie ' to defendant, 84 Form of wrh, ft Betring nide,tf'R. Pnwtlee/in, il. Form of bond, 48. Bond mav be assigned, 88./ Court ibanda, it. Jurrnay . - Writ de proprieute probanda, iL Jury ^orm of postea and judgment thereai|^, 46, aygive^i ± Referenoe in, to stale of fiwu. Ice., 126. To show how amoont doe on mortcam Ii made up, lA. FeUtiU to confirn, 121. »«•»••« w t-s. ■ » , #• IMDKX. */ RiVIEW. or KtadtaHR* (« llMi^traUa' Court, M. I>rnr««din(i iqi obtal inkr,l8. flpM fixf mai«, H0. H«rvi«w of onW, i^ml' «(Ii w 4Mrov«ry of . ^ <»r), 126. NiMTMnr) iintrnHint* hi, it. / SCIRK FACIAS, / Form of writ, 87., lUw nml liv wliom MECIAL PAPERj- Demurrers, fcc., entered on, 15. Argument on, 24, 28. / SPECIAL VERDICT. Entry for argument, 80. 8UBPCENA.-.%e " fTUneu." thft*^ ay.cu;^ 4 Ji**Mt vtn . d*' To contain the numca of nil witneaaAa, 35. Void, if tealed in vacafton, lA. n. Pow4r of Common Plena to iaaue,90. In Chanetry — to include all defendant!, 110. To be aealod by (he Regiater, lA. Solicilor'a name to he imIorafKl on, I'A. Form of, 116, 117. Service of, 110. Ad teatifioaniluro, to include all witneaaea, 114. Form of, 117. Toiiear judgment, not neceaaary, 115. In Sumgatt Court — form of, 144. SUMMARY PRACTICE.— Sfee *' Commn PUai." J' inon, ib. laration Jnaerted }n writ, ib. Writ Particulara" to be aenrtfL 94. iult, lA. .Miiant liTi^ybe let EvidencMMer general iaaue, !o be signed unlesa writ on file, Landa mny be aold on execiition, lA. Clerk CosU, 06. In what acttona in the Supreme Couri to be on nurchment, 21. Venue i' Appearancwpid pleading, 96, 97 in to, defend after, 96. Demurrer ti 97. Niai Priua Record in, 21, 84. , 21. Judgment not to bind landa^ 96. to enter judgments, 95. Certified copy of judgment, evidence, lA. STATE OP PACTS.-&e " Ouanftaiw.- STUDENTS. . \ ExaminatiflPof, 46- Petition for, 47. Certificateofexaminers,t5^ May appeal to ' Judges, lA. Transfer of, and oertificatet, a. Resuming stviily afier discon- Sdi^ing.iA. W. fi./t.jti. fZ.Si - \ liUMBKipS.^ ' %, llpMa one mnecMnry, 28. Against oorpontions, 64. Monban of GmrnJ ^SUPERSEDfiAS^Ste <« P^immtrT .7? H^Sv J^ V^: ■t"!*^- • ./-;-*. INUKK« XW» \ Ntitaitfy ituieimiiiii in, 128. 8U R R KND KR. -.*• " Unnkruptcyr HURR0flJATE.-5ta •I'aurit F." TIME, ComiHiiittloB «|f, I u , If n. In ClMttccM, 1 M. TRlAL.-^« -.VW 7Vtfi/,"-'«A©h« o/* Triai.'* By raconl, how aiUMrwJ, 10. NwUc«grri4. - VKNIKK. lUturn of, )4. Al MljtHirii*!! Oircuiu, 69. f ,#. VRtiVE.-Su " Suimmry Praettet." ClMMfvofiMn. WAIVER.--&* "AW/i/^,"— "irafMw." '. , WANT OF I'ARTIKS. ': . * 8«t(ing down rniuo ii|miii olijc<-tioii fur. Hi. NMuring without $o MMtiiw Takinf cil>j«ction at hcnring, I'M. ^ WARRANT OP APPRAISEMENT. ^ Form of, 188. > ' WARRANT OF ATTORNEY. Ruki* toMtaiUki, toiiaiaihogrouiKli, 96. No JmiIkhh-iiI to Iw ligmdon^unlaMM rile, ». D«fe«unc« to 'I* wri(t«ii on nnW frnper, i6. Eflbct of omitUng. ib.m, "' Not to be taken froin |Nri(oner but in preieriM of an Attorney, ib. ^ WILL. . Bl Oath, on proof of, 134, 186. ImlorMmemt of oath having been adminlai«r«d. A ""*" IndoraenMnlofoath toexerutor, 185. - m. WlTNEaa.~rSee " htemsatoriet*' % ■ "^ ' Tiina of inovtaK *)r uitachment aflaintt, 25 n. ^(ewl not be called on SuhtMi'iui, ib. Subptiina ihould be ^hewn, ib. Not liable unlew default ii wilful, ib. If no objec- tion to amount tendered, ib. Excum) for diiwbcyiiig lultptEna, ib. AtteniSung adjourned Court, 68. ' Abaence of, no ground for new trial, 28 n. AlUmding Sheriff 'ii jury, privilegeil from urre»«,H3 n. May waive privikjre, ib- In CkiMciry— rule to pryduce not neceasury, l|8. Examina(i«Ni of, in Surragata Court, 128, runiahment for refuting to appoar, ift. n.' ». / WRIT. y To be on imrchment, 1. 8 BlftnMo be deliverrd to Atlomiea. 7. t« be iigiMd and iMled by q■' /ft. » ' ' M '■■ . ..^ \ ■* *'^- , r ■■ '■ ■ ■ , ", ft' ' » ■'•*_■ s -^U:' J^ ^' ■'< '■■ - ^ ^m (I ^ «*/ - 1 ^^^^^^^^^^F-^''^' . ■■ ■ " s." , ■ ■ - , • > ' -^.^ '4 ^ ■» * ■ I' : .'"'^" 1 .* - '^ ■ ■< a "^^ ' , ' . '- ^^ ■ - '" ".. ■« . " •■■ >' ■. p ^ 1 ' ■ * «- ^-'.=^-*. - ! t V " ■ ■/ ."-,■■ ._.. .1 * . 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