4 Acts done hereunder good and 6 Nothing herein to affect Commis valid. 5 Informality in title, &c. may be waived by Judge. sions issued out of the Court for examination of witnesses. 7 Signature or seal of officer need not be proved. 1. The Lieutenant Governor in Council, by one or more Commission or Commissions under his hand and seal, from time to time, shall and may empower such and so many persons as he may think fit and necessary, to administer oaths and take and receive affidavits, declarations and affirmations in the United Kingdom of Great Britain and Ireland, or in any Colony or dependency thereof, or in any Foreign State or Country, or in any Province of the Dominion of Canada, in or concerning any cause, matter or thing depending in or in any wise concerning any proceeding had or to be had in Her Majesty's Supreme Court of Judicature on the Law or Equity side thereof, or in any County Court, or in any Probate Court, or in any Court of Record in this Province whether now existing or hereafter to be constituted. 2. The Commissioners so to be appointed shall be styled Commissioners for taking affidavits in and for the Courts in the Province of New Brunswick. 3. In addition to the Commissioners mentioned in Section one of this Chapter, the several officials and persons authorized in and by Section six of Chapter 74, of 'Registry of Deeds and other instruments,' to take the proof or acknowlegment of the execution of any conveyance out of the Province, are hereby authorized and empowered to take and administer oaths and receive affidavits, declarations and affirmations in or concerning any cause, matter or thing depending in or concerning any proceeding had or to be had in any of the Courts mentioned in Section one of this Chapter, in the several places where they are authorized to take such proof or acknowledgment; provided that when any person shall take or receive any oath, affidavit, declaration or affirmation under the authority of this Section, his act shall be certified or authenticated in the same manner and with the same formality in all respects as though such act were the taking by him of the proof or acknowledgment of a conveyance. 4. All oaths, affirmations, affidavits or declarations administered, sworn, affirmed, made, taken or received under the authority of this Chapter, shall be as good, valid and effec'tual, and shall be of like force and effect to all intents and purposes as if the same had been administered, sworn, affirmed, made, taken or received within this Province, and by or before a person or official competent and duly authorized for such purpose within the Province. 5. No informality in the entitling or heading, or other formal requisities of any affidavit, declaration or affirmation made, taken or sworn to out of the Province under the authority of this Chapter, shall be any objection to its reception in evidence, if the Court or Judge before whom it is tendered think proper to receive it. 6. Nothing herein shall be construed as affecting proceedings under Commissions issued out of any Court for the examination of witnesses out of the Province, or as in any way altering the practice thereunder. 7. Any affidavit, oath, declaration or affirmation made, administered, sworn or affirmed under the provisions of this Chapter, may be used or admitted in evidence without proof of any signature or seal and signature attached thereto, being the signature or seal and signature of the person whose sig. nature or seal and signature the same purports to be, or of the official character of such person. Writ of Capias. 19 Process to hold to bail. 20 Writ to whom directed and how endorsed. 21 Time capias shall be in force; capias inay be continued. 41 Joinder of causes of Action. What causes of action may be joined; exceptions. In cause of action accruing to wife, husband may add claims of his own; proviso as to abatement on death of either plaintiff. Language and form of Pleadings in general. 22 Time concurrent writs shall be in 42 What statements shall be omitted Declaration, &c. to be entitled of proper Court, time, &c. 48 Profert, effect of. Party pleading in answer may set out whole or part of document referred to. Plaintiff or defendant may aver performance of conditions precedent generally; general denial of performance not allowed. Form of pleading; when departure permissible. Time and manner of declaring. When plaintiff shall be deemed out of Court. Form of declaration.. Form of declaration when plaintiff, after plea in abatement, amends before going to trial, or brings fresh suit. Name of County in margin to be the venue. When and how plaintiff to declare against defendant in custody. When plaintiff may declare de bene esse. In actions of trespass, or trespass on the case, when declaration valid. In actions of libel and slander, what plaintiff may aver. Pleas and subsequent Pleading. When signature of Counsel re quired. When defendant is within jurisdic tion, time of pleading in bar, &c. Notice to plead sufficient without rule; demand of pleas necessary. Special traverses and express, colour not necessary. In plea, &c. certain allegations not necessary. [plea. Form of plea, avowry, &c.; second Defence after commencement of action, how pleaded. Plea of puis darrein continuance, how pleaded. Plea of defence after commencement of action, how pleaded; proviso. When plaintiff may confess plea; proviso. Misnomer, mis-joinder and nonjoinder of parties. 95 In personal actions,plea in abatement for misnomer not allowed; exceptions. 69 What plaintiff' may reply to plea 96 of payment into Court. 70 Plea good in substance on breach of contracts and wrongs; when 97 99 71 Pleas of payment and set off, &c. 100 102 75 Joinder of issue and effect thereof 101 81 What shall not be pleaded to new 82 In amendment of pleading, no new notice to plead necessary. 83 Rules of pleading. Equitable Defences. 84 Plea for relief on equitable 85 Reply to plea for relief. 87 When sections 84, 85 and 86 shall 88 Pleading framed to delay trial, When Court, &c. may order person to be joined as plaintiff in cause, or struck out. When mis joinder or non-joinder may be amended on trial or as sessment of damages. When amendment made, liability 104 Trial by proviso, on what record. 108 If signing judgment is postponed and afterwards signed, of what date judgment to be enter. ed of record. All judgments to be entered of record on day when signed. Entry of continuances not to be made in pleadings or on record. Amount recoverable by plaintiff, how awarded. 109 How and when judgments on postea may be signed. 113 114 When Court may order judgment vacated and execution stayed. Clerk of the Pleas to make docket of judginents; how and when judgment not to bind real estate unless docketed. 115 In what actions damages may be assessed by the Court or Judge without Jury; proviso. 124 When executions to be tested. 149 Offer to suffer Judgment by default. 129 Where causes of action joined, 131 Offer not accepted, to be no evi dence against party making it. Effect of death or marriage upon the proceedings in action. 132 Death not to abate action. 133 Effect of death of one or more plaintiffs or defendants. 134 In case of death of sole plaintiff, representative may continue ac tion. 135 In case of death of sole defendant, proceedings may be continued against executors, &c. 136 What proceedings may be had in case of non-appearance of executor, &c., after notice. 151 152 153 Leave, by whom and how When applicant entitled to exe- Writ of revivor, to whom direct- Venue, where laid. Scire Facias. served. 155 What proceedings abolished. 158 159 When defendant out of Province, and has no place of abode therein, writ how served. Good service of writ, effect of. 160 Proceedings necessary when service cannot be effected as above. Amendments. 137 When suggestion of death shall 161 Amendments, when allowed. form part of declaration. 138 What new defendant shall plead if no plea given before death. 139 If pleadings have not arrived at issue,new defendant to continue; plaintiff shall recover costs. 140 Death between verdict and judg ment not be alleged for error if 162 On trial, Court or Judge to allow. |