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such defence be pleaded or notice thereof be given in like manner as is required by the course and practice of the Court in which the action is brought, any law, usage or custom to the contrary notwithstanding.

CHAPTER 49.

THE SUPREME COURT IN EQUITY.
Section.

Section.
Jurisdiction.

30 Answer; form of, &c. 1 Jurisdiction.

31 Defendant may file interrogato2 Former practice to continue.

ries; proceedings thereon. 3 General Rules.

32 Exception. 4 Court always open ; Appeal. 33 Impertinence. 5 When execution of order or de. 34 What formality necessary on tak. cree stayed.

ing answers, &c. 6 Sittings.

35 Where taken out of jurisdiction. 7 Examiners.

36 Plaintiff' shall join issue in one 8 Solicitors to serve opposite parties inonth after answer, &c.

with copies of papers, &c. 37 Hearing of causes at the Sittings. 9 Commissioners for taking affida. Evidence may be taken at Cirvits.

cuit Courts. 10 Clerk of the Pleas to be Clerk in 38 An examiner may be appointed Equity.

to take evidence. 11 Common Law Officer to assist 39 When cause may be dismissed the Court.

because the plaintiff does not 12 Duty of Sheriffs.

proceed. 13 Common Gaols to le prisons of 40 Judge may order documents to the Court.

be produced. 14 Office of Registrar in Chancery 41 When affidavits may be used on abolished.

hearing. 15 Construction of word “Court.: 42 Person who has made an affidavit General Procedure.

inay be examined viva voce. 16 Suminons and Orders.

43 Liable for non attendance as in 17 Order for service out of jurisdic other cases. Who to bear ex

tion when defendant has a pense of.

known place of residence. 44 Judge may direct an issue. 18 Where defendant's residence is 45 Rules as to objection for want of not known.

parties. 19 Service on Corporations.

46 Cause cannot be set down for 20 Both Summons and Order may be hearing on objection for want of issued.

parties. 21 No objection allowed for mistake 47 Procedure where there is no legal in christian name.

representative of a deceased per 22 Time for appearance ; Bill.

son who was interested in pro23 Bill must be sworn to in injunc c eedings. tion causes.

48 When copies of writings served 24 Injunction order ; granted before fourteen days before hearing ad

hearing on special cause shewn. missible in evidence. 25 Mandatory Injunctions.

49 When Judge may dismiss cause; 26 This Chapter applies to suits by may rectify mistakes. information, &c.

50 Misjoinder of plaintiff's not cause 27 ('onsent of party appearing as for dismission.

next friend, &c., to be obtained. 51 When Court may adjudicate with: 28 Copy of interrogatories to be out hearing all the parties.

served on Defendant appearing. 52 Affidavits to be in the first person, 29 When Bill may be taken pro con: &c., when. fesso

53 Declaratory decree. [death. 54 Suit not to abate by reason of

ed wiu

Section.

Section. 55 Bill of Revivor not necessary. 89 Judge may order parties to pro56 How facts occurring after com- ceed.

mencement of suit to be stated. 90 No interrogatories filed on refer. 57 How executors made to account ence.

without suit; and to whom. 91 Proceedings where there are ac. 58 Court may direct sale of real es. counting parties.

tate when personal insufficient to 92 Objectionable items in accounts to

pay debts of deceased person. be specified by party objecting. 59 Court may by order vest lands in 93 Objections, when made and arpurchaser or other person.

gued. 60 Mode of settling ininutes of de- 94 Exceptions to report, how ar.. crees.

when made. 61 Appeal; proceedings thereon. 95 Solicitors may issue subpænas. 62 No stay of proceedings. Judge Infants and Guardians. may stay proceedings.

96 Guardians; how appointed. 63 Appellant io have pleadings, &c. 97 When Court may compel infant printed.

to convey. 64 All pleadings, evidence, &c. to be 98 May order specific performance

produced on hearing of appeal. of contract by infant beir. 65 Court to appoint officers to make 99 Sale of infant's real estate, how sales of real estate.

and when made. 66 Judge shall direct investment of 100 Conveyance by guardian in pur.

moneys subject to its control. şuance of order of Court good. 67 Decrees directing payment of mo. 101 Infant to be ward of Court.

ners to bind lands after registry. 102 Sale not to change extent of in. 68 Executions.

fant's interest in proceeds. 69 Sequestration of real or personal 103 Conveyance to be evidence of estate, when directed.

regularity of proceedings. 70 & 71 When defendant or his re- 104 Recognizance of Guardian.

presentatives to be served with 105 When Guardian may be appoint. copy of decree.

ed without a reference. 72 Party served, and not appearing Foreclosure of Mortgages.

within three months, absolutely 106 Summons; indorsement thereon. barred.

107 Proceedings for foreclosure and 73 & 74 How party served with de. cree may proceed.

108 Conveyance after sale; what to 75 Writs for possession of lands.

contain ; registry thereof. 76 Shall be served as writs of Habere 109 & 110 Application of proceeds

facias possessionem. Costs and of sale.
expenses of service.

111 Defendant may stop suit by pay. 77 Judge may order Commissions for m ent of principal, interest and

the examination of witnesses to costs.
issue.

112 Memorial of decree; effect of. 78 Examinations thereunder, how 113 Payment of subsequent incum.

certified; when read in evidence. brances. 79 Sections 27, 128, 131, and 164, of 114 Absolute decree of foreclosure ;

Chapter relating to Proceedings when.
& Practice in the Supreme Court, 115 When Judge may order Mort-
to apply hereto.

gagee to enter satisfaction on 80 Forms to be part of Chapter.

records. 81 When matters in question or doubt 116 Proceedings where amount se.

may be stated as a special case. cured by Mortgage does not ex82 Mode of stating same.

ceed $300.00. 83 Shall be signed by Solicitors and

Partition of Lands. filed.

117 Court may partition. 84 Parties thereto subject to juris- 118 May appoint guardian for infant.

diction of Court as in other cases. 119 Commissioners to make parti85 Court may decide, and make bind tion.

ing declarations of rights. . 120 May sell lands and divide pro86 Executors, &c.acting under decla ceeds.

ration, protected thereby. 121 Conveyance by Comniissioners Proceedings on a Reference.

good.

fof. 87 Reference, when made.

122 Effect of decree; Registry there. 88 Surmons to proceed,

123 Costs,

Section.

Section.
Trusts and Trustees.

159 The Court may order admeasure124 The Court to exercise pov:ers ment of dower; proceedings

given by “The Trustee Act of hereon.
1850," &c.

160 May appoint Commissioners. 125 May remove Trustee and appoint 161 Coininissioners to be sworn. a new Trustee.

162 If any die or refuse to serve, 126 New Trustee to have same pow. others may be apjointed.

ers, &c., as the one removed. 163 Duties of Commissioners. 127 “The Trustee Act of 1850," &c. 164 Court may enlarge time for to apply.

making report. 128 Court may allow Trustees remu. 165 May set aside or confirm same. neration.

166 When admeasurement tobe bind. 129 Purchasers from Trustees not ing; arrears how recovered.

bound to see to application of 167 Registry of order, effect of.
purchase money.

168 In case of a special report under .130 Trustee may, without suit, apply Section 163. to Court for direction.

109 Writ of possession, when orderLunacy.

ed to issue. 131 When Court way order commis. Habitual Drunkards.

sion de lunatico inquirendo 1o 170 Petition, what to contain, &c.; issue.

proceedings thereon. 132 How commission shall be ad- 171 Hearing. dressed ; return.

172 Habitual drunkard need not le 133 Proceedings and practice.

examined. 134 Court may direct management 173 Examination of witnesses. of lunatic's estate.

174 Subpoenas for, may issue. 135 & 136 When committee may let 175 Judge may make declaratory or underlet lunatic's lands.

order. 137 How absolute sale made. 176 When petition shall be dismissed. 138 Discharge of mortgages or lieps. 177&178 Appointment of Committee 139 Lunatic Trustee may be com- 179 Personal estate of habitual drun.

pelled to make conveyance, &c. kard vests in Committee. 140 Acts done hereunder good 180 & 182 Orders restraining conagainst lunatics.

veyances by him. 141 Proceedings where lunatic's pro 181, 183 & 184 When real estate vests

perty does not exceed $2,000. in his Coinmittee, and to what 142 What Petition hereunder shall extent. contain.

18) Registry of orders appointing a Adoption of Children

Committee. 143 Petition to adopt child anii 186 No appeal from Judge's order. change name.

187 Evidence may be taken before a 144 & 145 Whose consent necessary. County Court Judge. 146 Decree ; effect of.

188 Registrar shall file Or.lers Q 147 As regards natural parents.

and R, &c. 148 As to adopting parents.

189 Powers of Committee. 149 As to descent of property com- 190 Suit not to abate by appointment . ing to child so adopted.

of Committee. Dower.

191 Trust property vested in habitual 150 Petition for admeasurement of. drunkard not affected hereby. 151 Upon whom and when served. 192 Committee may sue in their own 152 How served.

names. 153 Appointment of guardian for in- 193 When habitual drunkard may fant heirs.

petition to have order annulled. 154 Notices to be served on guardian. 194 Hearing thereon. 155 Persons interested may require 195 Service of avnulling order; rewidow to demand dower.

gistry thereof. 156 May petition Court for admea- 196 Effect thereof.

surement in case of neglect liy 197 Vexatious proceedings, costs of. widow.

198 Evidence taken before County 157 Petition to be served on widow. Court Judge to be filed with 158 Persons interested may appear Clerk. jointly.

Schedule.

JURISDICTION, &c. 1. The Supreme Court, under the name of "The Supreme Court in Equity,” shall, as heretofore, have, hold, use, exercise and enjoy thejurisdiction, rights, powers and privileges given and granted to the same in and by Section one, Chap: ter one, of an Act made and passed in the seventeenth year of the Reign of Queen Victoria, intituled An Act relating to the administration of Justice in Equity.

2. The practice of the said Court shall continue the same in all respects as heretofore, subject nevertheless to the provisions of this Chapter and of all general rules which may hereafter be made under and by virtue of the provisions of the following Section.

3. The Court may and they are hereby required from time to time to make such general rules and orders as may be necessary for carrying the purposes and provisions of this Chapter into effect, and for regulating the times, forms, and mode of procedure and practice of the said Court; and the Judges of the said Court or a majority of them may and are hereby empowered by any such general rule to rescind,alter, add to or amend any of the provisions of this Chapter relating exclusively to the practice or mode of procedure in the said Court

4. The Court shall always be open, and every matter, whether interlocutory or on the hearing of the cause, shall be decided by any one of the Judges, with the same powers, subject to appeal, as were exercised by the Master of the Rolls before the passing of the said recited Act, intituled An Act relating to the administration of Justice in Equity; and every appeal from the decision of a Judge shall be made to the Court in Term, which shall have the same authority and jurisdiction therein as the Chancellor had on appeal previous to the passing of the said recited Act.

5. Every order or decree of a Judge shall be entered and carried out by the Officers and Solicitors of the Court as the act of such Court according to the practice thereof, but when the Judge shall be satisfied that an immediate execution of such order or decree may be necessary, he may, upon such terms as he may direct, order the same or such part thereof as he may direct, to be carried out or executed forth with, and the same may thereupon be done accordingly, and exc: cution may at once be issued by the Solicitor, and the papers shall be filed with the Clerk, and other directions obeyed, as the Judge shall prescribe.

6. Besides the ordinary business, stated Sittings in Equity shall be held at Fredericton by any one of the said Judges on the first Tuesday in every month in each year, excepting February and September, and instead of February the Sittings shall be on the last Tuesday in January, for the purpose of hearing all motions and causes coguizable in the said Court.

7. Any Barrister who may be at any time appointed by any Judge in any particular cause or matter shall have power to act as an Examiner, and on being sworn, shall have power to administer the oath to the witness and take the examination in such cause; the oath to be taken by an Examiner shall be taken and administered according to the established practice.

8. The Solicitors of the plaintiff and defendant respectively shall serve the opposite party with copies of all pleadings and writings drawn and filed by them, and may prepare all processes for signing and sealing.

9. The Commissioners for taking affidavits in the Supreme Court, shall have similar powers on the Equity side of the said Court.

10. The Clerk of the Pleas shall be Clerk of the Court on the Equity side, and shall file and have the custody of all papers, entries and records, make office copies thereof when required, and sign and seal processes, tax all costs, and draw orders and decrees in Equity.

11. All Sheriffs, Deputy Sheriffs, Coroners, Gaolers, Constables, and other officers, shall be aiding, assisting and obeying the said Court in the exercise of its jurisdiction whenever required to do so.

12. The Sheriffs shall serve or execute within their respective Counties all processes of the Court that may be sent or delivered to them for that purpose. If the Sheriff of any County by interest or otherwise is incapacitated from serving or executing any such process, then the same may be directed to any one of the Coroners of such County, and serred or executed by him. The said Sheriffs or Coroners, as the case may be, shall be entitled to the same fees and emoluments

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