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upon him by this Chapter, shall pay a fine of eighty dollars, one half to the prosecutor, the other half to the County Treasurer for the use of the County.

54. If any person duly summoned to serve as a Juror upon an inquiry before a Sheriff or Coroner, shall not appear when openly called three times, the officer having execution of the writ may impose a fine upon the defaulter not exceeding two dollais, unless he shew a reasonable excuse on oath; and immediately after taking the inquisition, he shall certify the name, residence, and calling of every defaulter, with the amount of the fine, to the Clerk of the Court out of which the writ issued, who shall enter them on a list, and thereupon issue the writ (E) with the list annexed, and they shall be leried, paid and applied in all respects as in other cases.

55. The neglect of the officer to make out the Jury list, or the omission of the name of any qualified person, or the insertion of the name of any unqualified person therein, or any error in description, or other defect therein, shall not be a cause of challenge.

SCHEDULE

(A)

Summons to Jurors. To. Mr. A. B.--You are required to attend as a Grand (or Petit, as the case may be) Juror, at the Court to be holden for the County of at the Court House in on the

day of instant (or next), on pain of fine.Dated the day of A. D. 18 [The above may be modified to suit an inquiry before Sheriff, foc.]

(B)

Notice to Sheriff. To. B. W., Esquire, Sheriff, (or other Officer, as the case may be.)--You are required to draw and summon twenty four Grand and twenty one Petit Jurors, (or Petit Jurors, as the case may be), to attend at a Count to be holden (or now being holden) in your County, at the Court House in on the

day of instant (or next).-Dated the day of A. D. 18.

T. C., Clerk (or Deputy Clerk)
of the Circuit (or Sittings),

(or Clerk of the County Court.)

(C)

Notice to Sheriff. To B. W., Sheriff, (or other officer, as the case may be).-You are required to draw and summon

Petit Jurors to attend at a Court to be holden (or now being holden) in your County in on the day of next (or instant).—Dated the day of A. D. 18 .

J. C., Clerk (or Deputy Clerk)

of the Circuit (or Sittings),

(or Clerk of the County Court.) (D)

Appointment.
In the Supreme Court.
A. B. Plaintiff, and C. D. Defendant.

On application of I do appoint - the day of instant (or next) at P. M., the case may be), (insert a reasonable time to notify the opposite party), at my office in t o strike a Special Jury in the above cause. — Dated the day of A. D. 1€ (the day of issue).

J. C., County Secretary.

A. B. Plaintiff, and

I do appointmelock, A. M., (or

Levari Facias. VICTORIA, &c. (L.S.) The Sheriff of is commanded to levy the fines imposed upon the persons named in the annexed list, of their respective goods and chattels, and one dollar from each person for his fee, and forth with pay the fines to the Treasurer of the County, and make return hereof according to law.--Witness (Presiding Judge) Esquire, at in the said County of

the

day of 18 (the day of issue).

J. C., Clerk.

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CHAPTER 46.

WITNESSES AND EVIDENCE. Section.

Section. I Witness must answer, although 3 Witness not con pellable to crimi.

answer makes him liable to a nate himself or wife, &c. civil action.

4 Communications between hus. 2 Capacity of witness.

band and wife privileged.

Section.

Section. 5 Exception in Civil Suits in conse. 18 Substitution of an affirmation for quence of adultery.

an oath, effect of, 6 Exemplification of a part only of 19 Credibility of witness, how im.

certain documents receivable in peachable by the party produc. evidence.

ing him. 7 Certified copies of Records, &c. 20 Inconsistency on cross-examinato be evidence.

tion, how established. 8 Exemplifications of certain docu: 21 Examination of witness as to pre.

ments need contain relevant vious written statements. . matter only.

22 As to his conviction of a felony or 9 A copy of any plat or plan refer: misdemeanor.

red to in such exemplification, 23 Proof of instrument by attesting must be attached thereto.

witness, when unnecessary. 10 Nova Scotia Grants.

24 Comparison of disputed with ge. 11 Expense of exemplification or n uine wricing. copy, by whom borne.

25 Examination by Commission of 12 Proof of foreign and other procla witnesses within the Province ;

mations, treaties, judgments, &c. power of Commissioners. 13 Documents admissible as evidence 26 Order of Commissioners for wit.

in English Courts, to be admis. nesses to attend, how enforced.

sible in Courts of this Province. 27 Authority of Judge to issue at14 Construction of foreign Statutes. tachment. 15 Proof of register of, or declaration 28 Acts of Mayor or Chiet Magistrate

in respect of any British Ship, of any City, how authenticated. how made.

29 Evidence given by witness in a 16 Contracts made by foreign Corpo. former suit, when admissible.

rations, making how proved. 30 Bankruptcy proceedings in Eng. 17 Courts, &c. authorized to hear land, how proved.

evidence, empowered to admi. 31 London Gazette admissible as evinister an oath to witness.

dence of such proceedings. · 1. A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit either at the instance of Her Majesty or of any other person or persons.

2. On the trial of any issue joined, or of any matter or question, or any enquiry arising in any suit, action or other proceeding in any Court of Justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, no person offered as a witness shall hereafter be excluded by reason of incapacity from crime or interest, from giving evidence either in person or by deposition, according to the practice of the Court; and the parties thereto, and the person in whose behalf any such suit, action or other proceeding may be brought or defended, and the husbands and wives of the parties thereto, and the person in whose behalf any such suit, action or other proceeding may be brought or instituted, or opposed, or de

fended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the suit, action or other proceeding.

3. Nothing herein contained shall render any person who is charged with the commission of any offence punishable on summaryconviction,competent or compellable to give evidence for or against himself, or shall render any person compellable to answer any question intended to criminate himself; and nothing herein contained shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any proceeding upon summary conviction, or in any civil proceeding instituted in consequence of adultery.

4. No husband shall be compellable to disclose any communication made to him by his wife during the marriage, and no wife shall be compellable to disclose any communication made to her by her husband during the marriage.

5. Nothing in Sections two, three and four of this Chapter shall apply to any action, suit, proceeding, or bill, in any Court of Common Law or Court of Marriage and Divorce instituted in consequence of adultery.

6. When parts only of Records or Rolls of Judgments in the Supreme Court, or of inquisitions, surrenders, escheats, leases, licenses, judgments or conveyances by, to, or from or in favour of or against the Crown, or of the Records or Rolls of judgment and decrees heretofore had or obtained in the Court of Chancery, or on the Equity side of the Supreme Court, by or against the Crown in this Province, or which may hereafter be had or obtained in the Supreme Court in Equity by or against the Crown, may be necessary to be giren in evidence, exemplifications of such parts which may be so necessary may be received in evidence in any Court in this Province, without requiring the whole of the record, roll, inquisition, surrender, escheat, lease, license judgment or conveyance to be exemplified.

7. A copy of any record, grant, letters patent, surrender, escheat, inquisition, lease, license, conveyance, document, or writing, or of any part of the same, filed, recorded or depo

sited in any public office in this Province, duly proved by any witness who shall have examined the same with the original to be a true copy, or certified by the officer having charge of such original, or by his deputy, to have been carefully compared with such original and to be a true copy thereof, shall without proof of the official character or handwriting of such officer or deputy, be deemed and taken in all Courts to be as good and sufficient evidence of such record, grant, letters patent, surrender, escheat, inquisition, lease, license, conveyance, document, or writing, as the original or an exemplification thereof under the great seal.

8. In the proof of title from the Crown by an exemplification under the great seal, or by a certified or an examined copy, as is hereinbefore provided, it shall not be necessary to exemplify or copy the conditions contained in such letters patent, grant, surrender, escheat, inquisition, lease, license, or conveyance, on the part of the grantees, lessees or licensees, their heirs or assigns, to be observed and performed, or any other clause in the said letters patent, grant, surren: der, escheat, inquisition, lease, license, or conveyance, which may not be pertinent or relevant to the matter in question; and that no such exemplification or copy shall be rejected in evidence on account of the onission of such clauses, provided such omission do not prejudice the opposite party, or affect the merits in question.

9. Provided always, that when such record, grant, letters patent, surrender, escheat, inquisition, lease, license, or conveyance, refer to any plat or plan as annexed thereto, no exemplification or copy of such record, grant, letters patent, surrender, escheat, inquisition, lease, license, or conveyance, shall be received in evidence unless there be annexed thereto a true transcript or copy of such plat or plan, unless it be proved by the certificate of the Provincial Secretary, Surveyor General,or other public officer of the Province having charge of the original, or otherwise to the satisfaction of the Court at which the evidence may be tendered, that there is no such plat or plan entered in or attached to the said grant, letters patent, surrender, escheat, inquisition, lease, license, or conveyance, in the Office of the said Provincial Secretary, Surveyor General, or other public officer of the Province aforesaid, or as the case may be.

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