« PreviousContinue »
then there this writ.— Witness (insert the name of the Judge), at Fredericton, the day of
, in the year of our Reign.
A. B., Registrar.
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 the day of
next, at o'clock in the 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, the day of in the year of our Reign.
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 concern. ing in a certain cause now in our said Court depending, &c. (as in form B to the end.]
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
in your bailiwick, you cause to be made the said sum of to be rendered to the said , and make return on the Tuesday in
next.-Witness (insert the name of the Judge), at Fredericton, the day of in the year of our Reign.
COUNTY COURT S. Section.
Section. 1 Couniy Courts; place of Sittings. Writs of Capias. 2 Districts.
22 Form of; to whom directed. 3 Qualification and oath of Judges. 23 Service of. 4 Appointment and qualification of General Provisions regarding Writs. Clerk.
24 No writ to be in force more than 5 All Officers of the law to obey the two months. said Court.
25 Process or other proceedings may 6 Only Attorneys of Supreme Court be on paper; writs, how tested. may practice therein.
26 Fees for service, when allowed. Civil Jurisdiction and Powers of the 27 Return days. Court or Judge.
Render. 7 & 8 Jurisdiction.
28 Judge or Commissioner for taking 9 Rules and Orders of Court, how bail may make order for render. enforced.
29 Proceedings on render to be same 10 Judge to be a Justice of the Peace, as in Supreme Court. ex officio.
30 Bail may render their principal in 11 Judge to be a Commissioner for discharge of bond. taking bail and affidavits.
Declaration and Pleadings. 12 No person exempt from jurisdic. 31 General mode of proceeding.
tion by privilege. Members of 32 Venue. the Legislature not subject to 33 Venue may be changed by ordet arrest.
of Judge. 13 A minor may sue for wages. 34 Demurrer, proceedings thereon. Duties of Clerk.
35 General issue; notices of defence. 14 Clerk to provide and keep suit- 36 Amendment of notice. able Books of Record, &c. 37 Form of notice.
Replevin. 15 Terms of County Courts.
38 Jurisdiction of Court in actions of. 16 Court may be adjourned by Clerk Trials and Amendments. if necessary.
39 Number of Jurors; when cause 17 When Judge is unable to act, an may be tried without Jury.
other County Judge may do so. 40 Judge may order a person con18 Death of Judge ; power of succes fined to be examined as a wit. sor in causes then pending.
ness. Writ of Summons.
41 Plaintiff's right of abandonment. 19 Actions to be commenced by Writ 42 & 43 Power of Judge to amend
of Surumons, except in certain proceedings. cases.
44 Laws relating to Supreme Court 20 Duty of Sheriff on receipt of writ t o apply to County Court when 21 Mode of service of writ; writs of applicable. • capias.
Section. 45 Costs when not allowed to piain- 61 Costs to be taxed by the Clerk ;
tiff; transfer of causes to Su exception; when bill of costs to
be filed. 46 Proceedings on making such Criminal Jurisdiction of County transfer.
Courts. Judgments and Executions. 62 County Courts to have concur47 When final judgment may be rent jurisdiction, except in capi. signed.
tal cases. 48 Memorials thereof.
63 Laws applicable to Circuit Courts 49 Execution.
· to apply to County Courts. Appeals.
61 All examinations, &c. to be trans. 50 No action to be removed by habeas m itted to Clerk.
corpus or certiorari. Costs when 65 Clerk may not hold an examina. action is improperly brought in tion as Justice of the Peace. Supreme Court.
66 Duty of Clerk in criminal prose. 51 Right of appeal upon giving pro- cutions. per bonds, &c.
67 Judge may tax costs of Clerk. 52 Proceedings on such appeal. 68 Clerk's fees, how paid. 53 When appeal may be by stated 69 Clerk of the Crown to prosecute case.
in St. John and York County Powers of Judge in Term or Vacation. Courts. 54 Judge may transact chamber busi: 70 Compensation of Clerk of the
ness for all Counties in the Dis. Crown.
trict for which he is appointed. 71 Estreated recognizances to be for 55 Judges may at any time grant rules warded to the Attorney General. or orders to set aside verdicts, &c. 72 Nothing in this Chapter to inter Attachment for costs.
tere with the right of Attorney 56 Judge may grant fiat for attach- General.
ment for costs after demand and Judgments in the Inferior Courts of non payment thereof.
Common Pleas. 57 Form of attachment.
73 & 74 How Executions may issue Affidavits.
out of the County Court on Judg. 58 Affidavits, before whom sworn; ments in the Inferior Courts of form of.
Common Pleas. Rules and forms of proceeding. 75 Costs of Execution; concurrent 59 Forms to be as provided in this Executions.
Chapter. Rules of Practice, 76 Three preceding Sections shall how and by whom made.
apply to Inferior Court of Com: Fees.
mon Pleas of Saint John. 60 Crier's fees.
Madawaska County Court. 77 By whom held.
Schedule. 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 pro
vided; 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 pow. ers 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 sereral 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 oụt 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.