Page images

Affidavit endorsed on Commission. The undersigned Commissioners within named, appeared before me the undersigned, this day of A. D. 18 , and severally made oath that they will faithfully discharge the duties assigned them by the within Commission to the best of their ability.

J. C.


Notice to be published in the Royal Gazelle.
In the

Notice is hereby given, that upon the application of

, I have directed all the estate, as well real as personal, of , in of , an absconding, concealed or absent debtor (as the case may be), to be seized, and unless he return and discharge his debts within three months after publication hereof, such estate will be sold for the payment thereof.

J. C., J. S. C., or

C., if by a Commissioner.

Petition of Debtor for Supersedeas.
To His Honor Mr. Justice
The Petition of A. B. of

, (Trader] humbly sheweth,

That your petitioner is resident within this Province, and that he was not at the time the warrant issued to the Sheriff

, to attach and seize his estate and effects, nor within thirty days preceding, nor at any time since, an absconding or concealed debtor, and he therefore prays that the same may be heard and determined as by law required. And as in duty bound will ever pray.-Dated this day of A. D. 18 .

A. B. YORK, to-wit.- Personally appeared before me the undersigned, this day of

, A. D. 18 , A. B. the above petitioner, and made oath to the truth of the allegations in the above petition.

W. C., Com. for taking Affidavits.



, of

Attachment. VICTORIA, &c.—To the Sheriff of Greeting : Attach , and bring him before me to give evidence on the petition of

an absconding (or absent) debtor, praying for a supersedeas.—Dated this

day of A. D. 18 .

J. C. (G)

Appointment of Trustees. I do hereby nominate and appoint of (Merchant]


[Merchant) and (Merchant] Trustees for all the creditors of the estate and effects of A. B., late of

(Merchant) an absconding or concealed debtor.—Dated this day of , A. D.

J. C., J. S.C. (H)

Oath endorsed YORK, to-wit.Personally appeared before me this day of , A. D. 18 , the within named Trustees, and made oath that they would faithfully discharge the duties of Trustees for all the creditors of the estate and effects of A. B., late of

(Merchants an absconding or concealed debtor, according to law, and to the best of their ability.

J. C., J. S. C. (1) Endorsement on Appointment. I do allow the within appointment to be registered in the Office of the Registrar of Deeds for any County where land or goods of the debtor are or may be found.-Dated this day of , A. D. 18 .

J. C., J. S. C. (K)

Order for Arbitration. In the matter of A. B., an absconding (concealed, &c., as the

case may be), debtor. Whereas C. D. (the claimant) has filed with the attorney of E. F. the creditor, who instituted the proceedings in this matter, a claim amounting to $ ; And whereas the


said A. B. claims to have a set-off to the said claim (or disputes the amount or ralidity of such claim, as the case may be), and he has applied to me for an order that the same may be arbitrated; And whereas the said C. D. on a summons being issued has appeared, and it has been made to appear to my satisfaction that the said A. B. bona fide claims such set-off, (or as the case may be), I do therefore in the terms of Chapter 44 of the Consolidated Statutes, order that the said matter be referred to the award, order and determination of , whom I name as arbitrators: And I do hereby order that the said arbitrators make and file their award with the Clerk ofthe Court on or before the day of

next, or such other time as may be allowed by endorsement hereon ; and I order, that until the expiration of one week from the filing of such award, all further proceedings in this matter be stayed.—Dated this day A. D. 18 .

J. C. A., J. S. C.

(or as the case may be).

(L) Notice of appointment of Trustees to be published in the Royal

Gazette. Public notice is hereby given, that we, the undersigned, have been duly appointed Trustees for all the creditors of the estate and effects of A. B., late of an absconding (or absent) debtor, (as the case may be) and have been duly sworn : All persons indebted to the said A. B. will, on or before the day of next, pay to us, or either of us, all sums of money they owe to the said A. B.; and all persons having any effects of the said A. B. in their hands or custody, will deliver the same to us, or either of us as aforesaid ; and we require all the creditors of the said A. B. on or before the day of

A. D. 18 , to deliver to us, or some one of us, their respective accounts and demands against the said A. B., that justice may be done to the parties.--Dated this day of A. D. 18 ,

L. M.)
0. P. Trustees.
Q. R.)


JURIES. Section.

Section. 1 Matter contained in brackets not 29 & 31 Costs of Special Jury. re-enacted.

30 Judge may set aside proceedings 2 & 3 Qualification of Jurors.

in striking special Jury. 4 Who exempt.

32 Special Juror not appearing may 5 Sheriff to inake list of qualified be fined. Jurors.

33 Mode of recovering fines. 6 His remuneration therefor. 34 Duty of Sheriff on receipt of writ. 7 Who may be empanelled. 35 County Treasurer to keep Ac. 8 He shall summon Jurors; number counts, &c.

of; mode of summoning. 36 Judge may reduce or remit fine. 9 When the Clerk of Circuits to 37 Jury fines to be paid to County

notify Sheriff'to summon Jarors. Treasurer.
10 Petit Jury for County Court. 38 Entry of cause.
11 County Court Judge may order 39 Jury fee on entry.

additional number of Jurors to 40 On trial.
be summoned.

41 Judge may decide as to who shall 12 When Sheriff interested, Coroner pay. shall summon the Jury.

42 When entry fee stands good for 13 When new Grand Jury may be two days of trial. summoned.

43 When trial fee repaid. 14 Grand Jury to elect a foreman. 44 When cause shall be deemed to 15 Number of Jurors in causes, &c. be finished. 16 Mode of empanelling a Jury. 45 Entry and trial fees in the County 17 Talesmen.

Court. 18 Challenge.

46 Entry and trial fees costs in the 19 How verdict agreed upon.

cause. 20 Jury to have ipeat, &c.

47 See to Juror. 21 Challenge to Jury, when not al-· 48 Clerks of Courts to prepare atlowed.

tendance lists of Jurors. 22 Proceedings for view.

49 County Treasurer to pay Jurors. 23 Judge mayorder more than twenty 50 Warrant for Jury Fees.

one Jurors to be summoned. 51, 52, 53 & 54 Fines. 24 Sheriff's Jury, &c.

55 Neglect of officer, &c. not cause 25 & 26 Special Jury, how struck. for challenge. 27 Drawn as in other cases.

Schedule. 28 Perem ptorychallenge to talesmen

1. So much of this Chapter as appears in brackets is not hereby re-enacted, but the Acts consolidated by this Chapter are left unrepealed in so far as it is necessary to give effect to the matter contained in such brackets.

2. Every male inhabitant between the age of twenty years and sixty years, being a British subject, and possessed in the County where he resides of real or personal estate, or both together, of the value of four hundred dollars, shall be quali. fied to serve as a Grand or Petit Juror; the want of such qualification shall be a good cause of challenge, or he may be excused on his own oath.

3. [No inhabitant,freeman or freeholder of the City of Saint John, shall be disqualified from serving as a Grand Juror or Petit Juror in any criminal case, for or by reason of any in.

terest or supposed interest in any forfeiture of the goods and chattels of any person charged with felony.]

4. Members of the Executive Council, of the Legislature, and their respective Clerks, Justices of the Supreme and County Courts, Registrars of Deeds, Officers of the Customs and Revenue, Naval Officers, Ministers of the Gospel, Physicians and Surgeons, Attorneys at Law and Officers of the Courts, Professors, Preceptors, Teachers of Schools and Col. leges, and Firemen, shall be exempt from serving on Juries. Justices of the Peace shall be exempt from serving as Petit Jurors but not as Grand Jurors.

5. The Sheriff of every County shall annually in the month of January enter in a book which he shall provide for that purpose, an alphabetical list of all persons qualified, with their additions and residence, and return the same to the County Secretary, to be kept among the records of the County.

6. When the Sheriff prepares the Jury list, he shall receive such remuneration therefor as the County Council shall deem adequate, which shall he paid by the Treasurer out of the County funds.

7. No person shall be empanelled to try any issue joined in any Court of Record whose name is not upon the said list.

8. The Sheriff shall before the time appointed for holding any Court, except a County Court, duly summon from the body of the County twenty four Grand Jurors, and twenty one Petit Jurors, all duly qualified; which Summons (A) shall be served on the Juror, or left at his dwelling house with some person inhabiting therein, six days at least before the day of appearance.

9. The Clerk of the Circuits on receiving any Commission of Oyer and Terminer and General Gaol Delivery, shall immediately give notice (B) to the Sheriff of the County where the Court is to be holden, of the time and place of holding such Couri; or if the presiding Judge, or the Judge appointed to preside at any Court, shall direct the summoning of a new Grand or Petit Jury, he shallin like manner give notice (B) to the Sheriff.

10. The Sheriff shall, unless otherwise ordered by the Judge before the time appointed for holding any County

« PreviousContinue »