then there this writ.-Witness [insert the name of the Judge),

Subpæna ad testificandum.

[L.S.] VICTORIA, by the Grace of GOD, &c.

To [name of Witness], Greeting:

We command you and every of you, to be and appear in your proper persons before our Court for Divorce and Matrimonial Causes, at Fredericton, on

o'clock in the

the

day of

next, at noon, and so from day to day, until the cause or proceeding is heard,* to testify the truth according to your knowledge, in a certain cause now in the said Court depending between A. B., proponent, and C. D., respondent, on the part of the said

and on that day to be tried; and this you, or any of you, shall in no wise omit, under the penalty of four hundred dollars.--Witness [insert the name of the Judge], at Fredericton, year of our Reign.

the

day of

in the

(C)

Subpæna duces tecum.

The same as the form B to the asterisk, then as follows: and also that you bring with you and produce at the time and place aforesaid, [here describe shortly the deed or paper required to be produced], then and there to testify and shew all and singular those things which you or either of you know, or the said deed or instrument doth import, of and concerning in a certain cause now in our said Court depending, &c. [as in form B to the end.]

(D)

Execution.

[L.S.] VICTORIA, by the Grace of GOD, &c.

To the Sheriff of County, Greeting:

Whereas by an order (or decree) lately made in our Court of Divorce and Matrimonial Causes, in a cause therein pending, wherein A. B. was proponent, and C. D. respondent, it was ordered that the said should pay to the said

the sum of [state shortly the substance of the order] ; Therefore we command you, that of the goods and chattels,

lands and tenements of the said

you cause to be made the said sum of

to the said

in

Fredericton, the

in your bailiwick, to be rendered

Tuesday

and make return on the next.-Witness [insert the name of the Judge], at day of

in the

year

1. There shall be in each of the Counties in this Province a Court of Law and of Record, to be styled "The County Court of [name of the County]"; and the Sittings of the said Courts shall be held at or near the County Court House in the Shire Town.

2. There shall be one Judge for the Counties of Charlotte, Carleton, Victoria, and Madawaska; one Judge for the Counties of York, Sunbury, and Queen's; one Judge for the Counties of Albert, Westmorland, and Kent; one Judge for the Counties of Northumberland, Gloucester, and Restigouche; and one Judge for the Counties of King's and the City and County of Saint John.

3. The said Judges shall be Barristers of not less than seven years standing. Before executing the duties, powers and trusts of his office, each Judge hereafter appointed shall take the following oath, that is to say :-"I, A. B., do swear I will truly and faithfully, according to my skill and knowledge, execute the several duties, powers and trusts of a Judge of the County Court, and for the several Counties of without fear, favor or malice.-So help me God.” No Judge of any such Court shall practice, carry on or conduct any business in the profession or practice of the Law while being such Judge.

4. The Lieutenant Governor in Council shall appoint a Clerk for each County Court, who shall be an Attorney of the Supreme Court, and shall hold office during pleasure. Clerks already appointed shall hold office until others are appointed in their stead; and no Clerk of a County Court hereafter appointed shall perform the duties of his office until he shall have been sworn to the faithful performance of the same before a Judge of the County Court, which oath the said Judge is hereby authorized to administer.

5. All Sheriffs, Coroners, public officers, and ministers of the law, shall be aiding, assisting and obeying the said Court in the exercise of its jurisdiction, whenever required to do so. The common gaols of the respective Counties shall be the prisons of the said County Courts except in cases where in due course of law any County Court shall sentence an offender to a Penitentiary.

6. Only Attorneys of the Supreme Court entitled to practice therein, may practice in the County Courts. CIVIL JURISDICTION AND POWERS OF THE COURT OR JUDGE. 7. The Courts shall not have cognizance of any action,— 1st. Where the title to land is brought in question; or 2nd. In which the validity of any devise, bequest or limitation is disputed, except as hereinafter provided; or

3rd. For criminal conversation or seduction; or
4th. For breach of promise of marriage; or

5th. Of any action against a Justice of the Peace for any thing done by him in the execution of his office. 8. Subject to the exceptions in the last preceding Section, the County Courts shall have jurisdiction and hold plea in all

personal actions of debt, covenant, and assumpsit, when the debt or damages claimed do not exceed the sum of two hundred dollars, and in all actions of tort when the damages claimed do not exceed one hundred dollars, and in actions on bonds given to the Sheriff or otherwise in any case in a County Court whatever may be the penalty or amount sought to be recovered; provided always, that the said Court for the City and County of Saint John shall not have or exercise any jurisdiction in any cause in which the City Court of Saint John or the Town of Portland Civil Court have jurisdiction.

9. The said Courts shall have and exercise the same powers to enforce their rules and orders as the Supreme Court possesses, and may punish by fine or imprisonment, or both; and if any person shall be guilty of any wilful contempt or resistance to the process, rules or orders of the County Court, or shall wilfully insult the Judge or any juror or officer of the Court during his sitting or attendance in Court, or shall wilfully interrupt the proceedings of the Court, or otherwise misbehave in Court, the Court may punish such offender by fine or imprisonment in the common gaol of the County, or both; but such fine shall in no case exceed fifty dollars, nor shall such imprisonment exceed one month.

10. The Judge of each County Court shall be ex officio a Justice of the Peace in and for each County for which he is appointed.

11. The several County Court Judges in this Province are constituted and declared to be ex officio Commissioners for taking bail and affidavits in the Supreme Court in the several Counties for which they may so respectively be appointed such Judges, and shall be clothed with the same powers and perform the same duties as Commissioners for taking bail in the Supreme Court can or may perform or do under and by virtue of any law, custom or usage.

12. No privilege shall be allowed to any person to exempt him from the jurisdiction of the several County Courts; but Members of the Legislature shall not be arrested or imprisoned by civil process issued out of any of the said Courts.

13. A minor, or person under the age of twenty one years, may sue in the said Courts for any sum within their jurisdiction for wages due to him, in the same manner as if he were of age, and such infant shall be liable for costs exactly as if of full age.