Page images
PDF
EPUB

person shall act as Deputy Sheriff until he shall have given security, and his name have been published as aforesaid.

6. Where the Sheriff may be permitted to reside out of the Shiretown, he shall keep a deputy resident there, and an office as near the Court House as can be conveniently, to be open at all reasonable times for the transaction of business. Notwithstanding any thing in the Charter of the City of Saint John, it shall not be necessary for the Sheriff of the City and County of Saint John to be a freeholder or in habitant of the said City, but such Sheriff shall reside within three miles of the Court House in said City.

7. If a Sheriff, or his deputy, shall retain money received by him under any process, after demand thereof by the party entitled thereto, or his agent, such Sheriff shall forfeit to such persons five cents on the dollar for every month he shall retain the same after demand, to be recovered by action of debt in any Court of Record, but no action shall be brought unless within three months after such demand.

8. Unless otherwise specially provided, no person shall be paid for executing any process, mesne or final, unless it be the Sheriff or his deputy.

9. The attorney who issues the process, as well as the plaintiff, shall be sererally liable to the Sheriff for executing the same.

10. The County Council shall allow and pay the Sheriff of the County such reasonable compensation for summoning Juries and attending Court as to it may seem just, not in any case to be less than twenty dollars for each Court to at. tend which a Grand or Petit Jury is summoned, and four dollars per day for each day the Sheriff attends the Court; such attendance by the Sheriff to be certified by the presiding Judge.

SCHEDULE.

(A)

Know all men by these presents, that we of in the County of , and of in the County of

, are bound unto the Queen in the sum of four thousand dollars, to be paid to Her, for which payment to be made we jointly and severally bind ourselves, our heirs, executors, and administrators, by these presents.-Sealed with our seals. Dated the day of A. D. 18

Whereas the above bounden has been duly appointed Sheriff of the County of

Now the condition of this obligation is such, that if the said shall well and faithfully discharge the duties of the office of Sheriff of the said County of during his continuance in the said office, then this bond to be void, or else to remain in force. Signed, sealed and delivered

in presence of

(B)

Know all men by these presents, that we of in the County of ., and of in the County of

are bound unto the Governor in the sum of two thousand dollars, to be paid to him, for which payment to be made we bind ourselves jointly and severally, our heirs, executors, and administrators, by these presents.-Sealed with our seals: Dated the day of A. D. 18 ..

Whereas the above bounden has been duly appointed Sheriff of the County of (or of the City and County of

, as the case may be,) for the year ending on the day of ensuing the date of this obligation ;

Now the condition of this obligation is such, that if the said Sheriff, his executors, or administrators, shall pay all moneys and damages that may be recovered against him, for any breach of the duties of his said office by him or his deputy, during the said year, then this bond to be void, or else to remain in full force. Signed, sealed and delivered

in presence of

CHAPTER 26.

CLERK OF THE PLEAS. Section.

Section, 1 Salary of Clerk of the Pleas. He transmit Judge's fee on entry of 1. The yearly sum of twelve hundred dollars is hereby granted to the Governor as and for the salary of the Clerk of the Pleas, for the discharge of his duties on the Common Law side of the Supreme Court, which salary shall be paid to the said Clerk in quarterly payments, by Warrant of the Governor, and shall, except as provided by Section four, be in lieu of all fees and emoluments on the Common Law side of the Court, arising from his office, and as a full compensation for the performance of his duties as Clerk of the Pleas on the said Common Law side of the Court. The Clerk of the Pleas shall be a Barrister of the Supreme Court, and shall not be allowed to practice in any Court,

shall be a Barrister-may not cause, and forward copy of doc. practice.

ket to Clerk of Pleas. 2 Salary of Deputy.

8 Clerk to account to Receiver 3 Bond of Clerk.

General. 4 Commission in addition to Salary. 9 Copies of quarterly account to be 5 Judge's fees to be public moneys. filed in office of Provincial Secre. 6 ('ollection of Fees.

tary and laid before Legislature, i Clerks of Circuits to collect and

2. The yearly sum of four hundred'dollars is hereby granted to the Governor for the salary of a Clerk in the said Office, to be appointed by the Governor in Council, and who shall be under the direction of the Clerk of the Pleas; such salary shall be paid in quarterly payments by Warrant of the Governor.

3. The Clerk of the Pleas shall enter into a Bond to the Queen, in the penal sum of two thousand dollars, with two sureties to the satisfaction of the Lieutenant Governor in Council, conditioned for the due and faithful accounting and payment by him to the Receiver General of all moneys received and collected by him, which are by law to be paid by him to the Receiver General.

4 The Clerk of the Pleas shall be entitled to receive in addition to his salary provided by Section one, a commission at and after the rate of ten per cent. upon all moneys by him paid over to the Receiver General under the provisions of this Chapter, which per centage shall be paid quarterly by Warrant in the usual manner, on the accounts being rendered as provided by Section eight.

5. All fees taxable as Judge's fees shall hereafter be paid to and received hy the Clerk of the Pleas, to be paid over by him to the Receiver General as part of the public moneys of the Province.

6. The Clerk of the Pleas is hereby authorized to require and exact payment to him of the fees mentioned in the last preceding Section, and if necessary, to take proceedings in the name of Her Majesty for the recovery thereof. All rules and orders of the Supreme Court now in force to secure the payment of such fees, or relating to the same, shall continue and be in force and effect.

7. The fee of one dollar and fifty cents taxable as Judge's fees under the Ordinance of Fees, on the entry of every cause for trial on the Circuit, shall be payable to the Clerk of the Circuits for the County on the entry of any cause for trial, and every Clerk of the Circuits shall, within one week after the termination of each Circuit in the County for which he is such Clerk, transmit to the Clerk of the Pleas all fees payable by this Section to him at such Circuit; and he shall with such fees, transmit to the Clerk of the Pleas a true copy of the Docket of Causes entered for trial at such Circuit.

8. The Clerk of the Pleas shall quarterly on the last days of January, April, July and October in each year, render to the Receiver General a true and detailed account for the quarter then ended, of all moneys received by him during such quarter, as and for the Judge's fees mentioned in the last preceding Section, as well as all other fees received by him as such Clerk during such quarter, under and by virtue of any law or ordinance relating to fees on the Common Law side of the Supreme Court; and he shall, on rendering such account, pay or transmit to the Receiver General the total amount of fees which shall by such account appear to have been by him received.

9. The Clerk of the Pleas shall annually on the last day of January, or within ten days thereafter, file in the Office of the Provincial Secretary, to be laid before the Legislature if then in Session, or if not then sitting, then at its next Session, a true and correct copy of the four quarterly accounts ren. dered to the Receiver General under Section eight of this Chapter, for the year then ended.

[ocr errors][ocr errors][ocr errors][merged small]

Section.

Section.
1 Governor may appoint Clerks of

the Circuit Courts.
2 Name of office; fees.
3 Shall take oath of office
4 Where party charged is commit.

ted for trial to Supreme Court

examinations, &c. to be trans.

mitted to Clerk. 5 Clerk of the Crown to continue

to be Clerk of the Crown and Nisi Prius at York Sittings.

1. The Governor in Council is hereby authorized and empowered to appoint an efficient person in each County, whose duty it shall be to perform and exercise within the County for which he is appointed, all the duties, powers and authority which before the twenty third day of March in the year of our Lord one thousand eight hundred and sixty eight devolved upon and were exercised by the Clerk of the Crown on the Circuits and Clerk of the Circuit Courts within said County, under and by virtue of any law, usage or custom then existing in this Province; and for this purpose, the powers, duties and authority before that time conferred and imposed by any law, usage or custom existing in this Province, upon the said Clerk of the Crown on the Circuits and the Clerk of the Circuit Courts, are hereby conferred and imposed upon such person so to be appointed within the County for which he is appointed, as fully and to all intents and purposes and with the like force and effect as if the same were herein expressly enacted with reference to each Clerk to be appointed.

2. The several persons so to be appointed shall be called and known as Clerk of the Circuits for the County of , as the case may be, and shall each be entitled to demand and receive for the several services rendered and performed hy him the same fees as were at the time aforesaid payable to the Clerk of the Crown on the Circuits and Clerk of the Circuit Courts.

3. The several persons appointed to the office of the Clerk of the Circuits under this Chapter, shall each be duly sworn to the true and faithful discharge of the several and repective duties of their respective offices, before entering upon the duties of their said offices, before one of Her Majesty's Justices of the Peace for the County for which he shall be appointed ; and any Justice of the Peace of the County for which such person is so appointed is hereby empowered and authorized to administer such oath ; a certificate of such oath having been duly administered, signed by the Justice administering the same, shall be indorsed on the Commission of such Clerk of the Circuits, and such Clerk shall not be deemed to be appointed until such oath is administered and certificate thereof indorsed as aforesaid.

4. All examinations, inquisitions and recognizances taken

« PreviousContinue »