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25. Whenever any Commission or Commissions shall be issued from any Court of any other Province, State, or Kingdom, for the examination of any witness or witnesses in this Province, by any Commissioner or Commissioners named in such Commission, it shall be lawful for such Commissioner or Commissioners to make an order for the attendance of such witness or witnesses, with such books, papers, documents or writings of any kind as may be in the custody, power or possession of such witness or witnesses, to be mentioned in such order, at such time and place as such Commissioner or Commissioners shall appoint.
26. If after any such order shall have been served on any such witness or witnesses, and reasonable expenses tendered in the manner prescribed by law or the practice of the Supreme Court of this Province, for the service of subpænas in actions depending in the said Court, such witness or witnesses shall not attend in obedience to such order, and produce and give in evidence such books, papers, documents or writings,or having attended shall, without sufficient cause neglect or refuse to give evidence of the matters in question, such Commissioner or Commissioners, or any of them, or the attorney or agent of any of the parties to the action, proceeding or suit in which such Commission shall be issued, may apply to a Judge of the said Supreme Court, who shall forth with upon an affidavit of such service, refusal, or default, order such witness or witnesses to appear before him at such time and place as he shall appoint, to shew cause why an attachment should not be issued against him or them for such neglect, refusal, or default.
27. Such Judge shall have full power and authority to issue such attachment, and is hereby required to issue the same, unless good and sufficient cause be shewn to the contrary, and to make such further order in the matter with reference to such witness or witnesses and such examination, and the costs and expenses thereof, and of such neglect, refusal, or default, as he may deem proper, and may order such witness or witnesses to pay all costs and expenses incurred by such neglect, refusal, or default, and enforce such payment by attachment.
28. Whenever it may be necessary to authenticate any act done by any Mayor or Chief Magistrate of a City, under the corporate seal of such City, to be used as evidence in any Court, the seal of the Mayor of the said City, or Chief Magistrate, shall be a sufficient authentication of such act, unless the act done be a corporate act.
29. On the trial of any cause, the testimony of any witness given on a former trial thereof, may be given in evidence between the same parties or those claiming under them, from the Judge's notes, if the Judge on the subsequent trial shall be satisfied that the witness is dead, or out of the Province, or from sickness or infirmity is unable to attend, subject to all legal exceptions: Whenever such notes shall be required on any trial, notice thereof shall be given to the Judge who took the same, and the said Judge may produce and read the same in Court, or transmit them to the presiding Judge, to be read by him on such subsequent trial.
30. On the trial of any cause, or in other proceeding in any Court of Law or Equity in this Province, whenever on the trial of the said cause, or in any proceeding in said Courts, it shall be necessary by reason of bankruptcy proceedings in England to prove the petitioning creditor's debt, Fiat of Adjudication, appointment of Official Assignee, election and confirmation of Trade Assignees, or any other proceeding had before the Commissioner of Bankrupts in England, the production of office copies of all or any such proceedings, purporting to be under the hands of the Commissioners and Registrar, and also professing to be under the Seal of the Court of Bankruptcy for the District in which such bankrupt may have been declared and adjudged bankrupt, shall in all cases be held and deemed to be sufficient evidence of the facts recited in such documents, without any further proof of them.
31. The London Gazette, purporting to be published by Royal authority, shall in all cases be received in evidence as sufficient proof of the proceedings in bankruptcy contained in such Gazette.
MEMORIALS AND EXECUTIONS. Section. 1 Memorials of Judgments in Su. 13 Sheriff authorized to sell under a
preme Court, by whom furnish power of sale contained in a
14 Lands to be advertised and sold; 2 Memorials of Judgments in Coun how.
ty Courts, by whom furnished : 15 Defendant may require certain registry thereof; copy to be portions to be sold first. evidence.
16 Form of Sheriff's Deed. 3 When memorial to bind land. 17 Sheriff's Deed to be prima facie 4 For what time.
evidence of all matters contain5 When memorial may bind secur e d therein. ity for money on land.
18 Death of Sheriff after seizure, who 6 Effect of reversal,&c.of Judgment. may perform duties. 7 Who not affected by reversal, &c. 19 Sheriff dying before sale perfectof Judgment.
ed, who may act. 8 Satistaction of Judg.nents, how 20 In case of death of Sheriff no new made.
proceedings necessary. 9 Land, when liable to be sold on 21 Lands sold in possession of execution.
tenants, rights of purchaser. 10 Trust estates, to what liable. 22 Remedy against Sheriff for breach 11 Choses in action may be taken in of duty. execution.
23 Lands not bound by Judgments 12 Sheriff may give a valid discharge of Inferior Courts. to debtor.
24 Property exempt from seizure.
Schedule. 1. The Clerk of the Pleas shall, on the request of any person obtaining a judgment in the Supreme Court, furnish him with a memorial signed by him or his deputy, containing the names of the parties, the sum recovered, and the date of signing the judgment, verified by an affidavit; and upon the production thereof to any Registrar of Deeds he shall register such memorial and affidavit, noting the date of its receipt as in the case of registry of conveyances. A copy of such registry, certified by the Registrar, shall be eyi. dence in all Courts of such registry.
2. The Clerk of any County Court shall, on the request of any person obtaining a judgment in such County Court, furnish him with a memorial signed by him or his deputy. containing the like particulars and verified in like manner as provided in the preceding Section in the case of Memorials of Judgments obtained in the Supreme Court; and any such memorial shall, upon production thereof to any Registrar of Deeds, be registered by him in like manner as though the same were a memorial of a Judgment obtained in the Supreme Court. A copy of such register, certified by the Registrar, shall be evidence in all Courts of such registry.
3. A memorial of every judgment obtained in the Supreme or any County Court, registered in the Office of the Registrar of Deeds of the County in which the lands are situate. or an execution of fieri facias issued on such judgment and delivered to the Sheriff to be executed, shall bind the lands of the person against whom the judgment was recovered or the execution issued.
4. Every judgment of which a memorialshall be registered shall bind the lands of the person against whom it was recovered for five years from the registry, but after that period if it remains unsatisfied, the memorial may be renewed for a further period of five years with the like effect, and so on as often as required.
5. A memorial of any judgment in the Supreme Court or in any County Court, registered in the Office of the Registrar of Deeds, in which there may also be registered any instrument creating any security for money on land in favour of the person against whom such judgment was obtained, shall bind such security for money for a period of five years from the registry thereof; but after that period, if such judgment remain unsatisfied, the memorial may be renewed for a further period of five years with a like effect, and so on as often as required.
6. When any judgment obtained in the Supreme Court or any County Court, of which a memorial shall have been registered, shall be set aside, reversed, annulled, or altered, a copy of the rule or order setting aside, reversing, annulling or altering such judgment, certified by the Clerk of the Pleas, if made by the Supreme Court or a Judge thereof, or by the Clerk of the County Court, if made by the County Court or a Judge thereof, (the signature of such Clerk to such certificate being proved by the affidavit of some person seeing him sign the same), shall be registered in the same Office where the memorial is registered ; and the Registrar shall, in the margin of the entry of memorial, make a memorandum referring to the book and page wherein the said rule or order may be registered, and the memorial shall have no other or greater effect as a charge on the lands or securities of the person against whom such judgment was obtained, than is allowed by such rule or order. 7. Notwithstanding any thing contained in the last preceding Section, if it shall happen that under any judgment in the Supreme or any County Court (whether a memorial thereof shall have been registered or not), the lands of the person against whom such judgment shall have been obtained, shall be sold, no reversal, setting aside or alteration of any such judgment after such sale, shall affect the title of any bona fide purchaser of such lands at such sale, but the reversal, setting aside or alteration of such judgment, as the case may be, shall operate against the person who shall have obtained such judgment, and his representatives, to compel him or them to restore and repay to the person whose lands were so sold what he has lost by such sale.
8. Satisfaction of any recognizance or judgment, a memorial of which may have been registered, may be acknowledge ed before the Registrar by the person who received the same, or by his representatives or assigns, or by the certificate thereof of such person, his representatives or assigns, attested by two witnesses, verified by the affidavit of one of them. In either case the Registrar shall enter the fact of satisfaction in the margin of the entry of the memorial, whereupon it shall be cancelled. If the satisfaction shall appear of record, the Clerk of the Pleas, if the judgment be in the Supreme Court, or the Clerk of the County Court if it be in a County Court, shall give a certificate thereof, which being produced to the Registrar, with an affidavit of the signature of such Clerk, he shall enter the satisfaction of the judgment as in other cases.
9. The lands of every person, his possessory right, and right of entry, may be seized and sold as personal estate to satisfy his debts, and the executions shall be subject to the same order of priority as in other cases; but the Sheriff to whom a writ of fieri facias is directed shall not sell the lands until the personal estate, ifany can be found, is exhausted ; if there be a surplus he shall pay it over as the Court or a Judge shall direct.
10. The right of the party beneficially interested in lands held in trust for him, may be taken in execution for the payment of his debts, in the same manner as if he were seized or possessed of such lands, and his legal and equitable estate shall vest in the purchaser.
11. By virtue of any writ of fieri facias to be sued out of