Page images
PDF
EPUB

CHAPTER 32.

CIRCUIT COURTS AND COURTS OF OYER AND TERMINER.

Section.

Section. 1 Courts established.

5 Clerk of the Crown to be Clerk 2 Times of holding in the several of Crown and Nisi Prius at the Counties.

Sittings for York. 3 Special Courts of Oyer and Ter- 6 Adjournment. miner.

7 Persons must attend adjourned 4 When Courts open; continuance; Court; proviso. all parties to attend.

8 Record' and proceedings, how

dealt with. .

1. There shall be Sittings for the County of York and Circuit Courts for every County in the Province, at which a Justice of the Supreme Court shall preside, and where issues joined in the Supreme Court shall be tried, and also where all manner of crimes and offences shall be heard, enquired into, tried, determined and punished without any Commission.

2. The said Sittirgs and Circuit Courts shall be holden in each and every year, in the several Counties, at the following periods, that is to say:-

In and for the County of York—On the third Tuesday in January, and the last Tuesday in June;

In and for the City and County of Saint John-On the second Tuesday in January, March, May, and August, and the third Tuesday in November;

In and for the County of King's-On the fourth Tuesday in February, and the second Tuesday in July ;

In and for the County of Albert-On the second Tuesday in July;

In and for the County of Westmorland-On the second Tuesday in January, and the third Tuesday in July;

In and for the County of Kent-On the second Tuesday in March, and the fourth Tuesday in September;

In and for the County of Carleton-On the second Tuesday in May, and the second Tuesday in November;

In and for the County of Madawaska-On the Wednesday before the last Tuesday in September;

In and for the County of Victoria--On the last Tuesday in September;

In and for the County of Charlotte-On the third Tuesday in May, and the second Tuesday in November;

In and for the County of Queen's-On the first Tuesday in July;

In and for the County of Restigouche-On the last Tuesday in August;

In and for the County of Gloucester-On the first Tuesday in September;

In and for the County of Northumberland-On the fourth Tuesday in March and the second Tuesday in September;

In and for the County of Sunbury-On the first Tuesday in July.

3. Special Courts of Oyer and Terminer and General Gaol Delivery may be held when necessary in any County, with the same powers, privileges, incidents and duties in all respects as to crimes and offences, as the several Courts provided by this Chapter, for which purpose a Commission shall be issued by the Lieutenant Governor under the Great Seal, as was heretofore the practice.

4. The several Courts shall be opened and commence at the time prescribed therefor, and continue as long as may be necessary for the dispatch of business. If it should happen from any unavoidable cause that a Court should not be opened on the day appointed therefor, the same may be done on the following day, unless it be a day of public rest, then on the next succeeding day; but all proceedings shall be as of the first day, and relate thereto. All parties, witnesses, jurors, and other ministers of the law, shall attend, and be bound by the same penalties in all respects as if the Court had been opened at the proper time.

5. The Clerk of the Crown in the Supreme Court shall be Clerk of the Crown and of Nisi Prius at the Sittings for the County of York.

6. When it may be necessary to finish the business, the presiding Judge may adjourn any of the said Courts to a future day, though a Term of the Supreme Court intervene and though in case of a Special Court, the time limited by the Commission expire.

7. All parties, ministers of the law, jurors and witnesses summoned, shall, if required by the presiding Judge at the time of adjournment, attend such adjourned Court, or new juries may be drawn and summoned to attend, and be charged with the like pains and penalties for any misdemeanor or default at such adjourned Court, as at the first Court, but no witness in a civil cause shall be liable to any proceeding for non-attendance, unless duly served with a subpæna to attend such adjourned Court, and his expenses be paid or tendered.

8. The record and proceedings shall in all respects be dealt with as if they were expressed to be returnable at the Term next following the adjourned Courts, and no new cause shall be entered for trial.

CHAPTER 33.

ADMISSION OF ATTORNEYS.

Section.

Section. 1 Term of study four years. 5 If without such consent admission 2 & 3 For graduates three years.

may be refused. 4 Student may take remuneration 6 Fee to Barristers' Society.

for his services with consent of 7 Attorney of one year's standing . Barrister.

may be called to the Bar. 1. Subject to the exception in favor of Graduates as hereinafter mentioned, the term of study for all Students at Law shall be four years.

2. The term of study for all Students at Law who shall previous to their being entered as such Students, have taken the Degree of Bachelor of Arts at any legally authorized University or College, shall be three years.

3. The term of study for all Students at Law who shall at any time previous to their application for admission as Attorneys, have taken the Degree of Bachelor of Laws at Trinity College, Dublin, or at Harvard University in the State of Massachusetts, or at any other lawfully authorized College or University in Great Britain or Ireland, the United States Canada, or any British Colony, shall be three years.

4. No Student at Law shall be refused admission as an Attorney for or by reason of his having received any salary or remuneration during the term of his study, or for or by reason of his haring practised or tried causes in any Court, or for or by reason of his having engaged in any other business or employment; provided always, however, that no such Student shall, during the term of his study, engage in any other business or employment, or receive any salary or remuneration from any person whatever, or practice or try causes in any Court, without the knowledge or consent of the Barrister with whom he may be studying at the time.

5. If any such Student do or shall engage in any other business or employment, or receive any salary or remuneration, or practice or try causes in any Court, without the knowledge or consent of the Barrister as aforesaid, he may be refused admission as an Attorney.

6. No greater fee than five dollars in the whole shall be required by the Barristers' Society from any Student at Law, either on his admission as a Student at Law or as an Attorney.

7. Any Attorney may be called to the Bar and admitted a Barrister in one year after his admission as an Attorney, provided he has in all other respects conformed to the rules and regulations of the Barristers' Society relating to the admission of Attorneys to the Bar.

CHAPTER 34.

THE LAW LIBRARY. Section.

Section. 1 Library fee payable by Attorney 3 Attorneys so paying to have ac. being a Barrister.

cess to the Library.. 2 By Attorney not being a Barrister. 4 Disqualification for non payment.

1. Every Attorney of the Supreme Court who shall have been called to the Bar shall, on or before the first day of Trinity Term in each year, pay to the Clerk of the Pleas the sum of five dollars, which shall be paid by the said Clerk to the Treasurer of the Barristers' Society, for the purpose of providing for and maintaining the Law Library under the direction of the said Society.

2. Every Attorney of the Supreme Court who shall not have been called to the Bar shall, on or before the first day of Trinity Term in each year, pay to the Clerk of the Pleas the sum of three dollars, which shall be paid by the said Clerk to the Treasurer of the Barristers' Society, for the purpose of providing for and maintaining the Law Library under the direction of the said Society.

8. Every Attorney of the Supreme Court shall, during the time he shall make the annual payments as required by the

[ocr errors]

preceding Sections, be entitled to enter the Library,and have the free use of the Books therein, subject to such rules and regulations for the care, safe keeping and control thereof, as the Barristers' Society of New Brunswick may from time to time prescribe.

4. No Attorney shall be allowed to practice in the Supreme Court or any County Court, after the first day of Trinity Term in each year, unless he shall have made the payments required of him by this Chapter ; but an Attorney who has neglected to make payment on or before the first day of Trinity Term, may do so at any time thereafter, for the purpose of enabling him to resume his practice.

CHAPTER 35. COMMISSIONERS FOR TAKING AFFIDAVITS TO BE READ IN

THE SUPREME COURT. Section.

Section. 1 Former coin missions goo 1. 2 Chief Justices may issue commis.

1. All commissions heretofore made by the Chief Justice and Justices of the Supreme Court, under and by virtue of An Act of Parliament made and passed in the twenty-ninth year of the Reign of King Charles the Second, intituled An Act for taking Affidavits in the Country to be made use of in the Courts of King's Bench, Common Pleas, and Exchequer, shall be good and valid, notwithstanding any such commission be general and not confined to any County.

2. Hereafter it shall and may be lawful for the said Chief Justice or Justices to make and issue commissions under the said Act of Parliament, either with limitation to any one or more Counties in the Province, or without any such limi. tation, as to them in their discretion may seem meet.

CHAPTER 36.

COMMISSIONERS FOR TAKING AFFIDAVITS OUT OF THE

PROVINCE. Section.

Section. 1 Governor inay appoint Commis- 3 What other official may take affisioners.

davits, &c. out of the Province ; 2 Name of officer.

proviso.

« PreviousContinue »