action, any bill of costs payable to him or to his client shall be taxed by the Judge. In all actions in any County Court in which judgment may be obtained either by confession or default, the bill of costs taxed for the plaintiff in any such action shall be filed in the office of the Clerk of said Court immediately on the taxation of such costs, which said taxation may be reviewed by the Judge of said Court within three months from the date of such taxation, and any rebatement made may be deducted, with or without costs, from the judgment, which shall remain in force for the balance thereof. CRIMINAL JURISDICTION OF COUNTY COURTS.

62. The several County Courts of this Province shall have original concurrentjurisdiction within their respective Counties with the several Circuit Courts of this Province, of all crimes, (which are not capital) offences and misdemeanors committed within their said respective Counties, and shall have full power and authority to hear, enquire into, try, determine, deal with and punish all such crimes, offences and misdemeanors aforesaid, in manner prescribed by law.

63. All laws touching and concerning the administration of justice in criminal cases, or touching, concerning, or relating to jurors, witnesses or proceedings of any kind, now in force or applicable to the said Circuit Courts when exercising criminal jurisdiction, shall be in force in and apply to the several County Courts, which shall in all respects be clothed with and exercise all the like powers, rights and privileges as now appertain to or are exercised by the said Circuit Courts as Courts of criminal jurisdiction.

64. All examinations and recognizances taken by any Justice, of or relating to parties committed for trial at any County Court, shall immediately thereafter be transmitted to the Clerk of such County Court.

65. No Clerk of the County Court shall act as a Justice of the Peace in holding examinations touching any criminal matter coming before the Court of which he is Clerk.

66. It shall be the duty of the Clerk in each County Court, except as provided for hereinafter, on receipt of depositions, or any other documents or papers relating to any offences or matters of a criminal nature committed in the County of which he is Clerk, and over which the County Court shall have jurisdiction, to take all necessary proceedings for the

trial and final determination thereof, and to prepare all necessary indictments, and to prosecute the same to a conclusion, including the necessary proceeding to carry out any sentence imposed before the County Court, and to take all necessary proceedings for securing testimony or compelling the attendance of all material witnesses.

67. It shall be lawful for the presiding Judge at any County Court, to tax and allow to the Clerk, for his services under the last preceding Section, such reasonable fees as he would have been entitled to for the like services as the Attorney of any party in a civil action, together with such reasonable counsel fees of not less than five dollars, and not exceeding, for any one prosecution, the sum of fourteen dollars, as such Judge may deem adequate to the services performed on such prosecution; and on the allowance and taxation the Judge shall not allow for any but necessary services actually performed by such Clerk; and provided further, that it shall not be lawful for the presiding Judge in taxing costs, to allow any Counsel fee except in cases where there has actually been a trial at such Court; and that in all cases in which the Judge shall tax costs to the Clerk, his certificate hereinafter mentioned shall be accompanied by the bill of costs so taxed, and no payment shall be made unless such bill of costs accompany such certificate, and the Clerk shall not be entitled for his services in connection with criminal business in the Court to any fees, other than those taxed by the Judge as aforesaid.

68. The amount to be paid to the Clerk of any County Court shall be duly certified to the Provincial Secretary by the presiding Judge at such County Court, under the hand of such Judge, and on such certificate shall be paid by Warrant in the usual and ordinary manner.

69. It shall be the duty of the Clerk of the County Court for the County of York, and the Clerk of the County Court for the County of Saint John, immediately on receipt of depositions, or any other documents of a criminal nature, to transmit the same to the Clerk of the Crown in the Supreme Court, whose duty it shall be to prepare all necessary indictments, and to prosecute the same to a conclusion, provided that nothing in this Section shall interfere with the Clerks of the County Courts for York and Saint John from dis

charging all other duties herein provided for, with the exception of preparing indictments and prosecuting the same.

70. The Clerk of the Crown in the Supreme Court shall not be entitled to receive any further compensation for services performed under this Chapter than is provided by Legislative appropriation, except that the presiding Judge at the County Court for the County of York may tax and allow to the Clerk of the Crown reasonable travelling expenses in attending to the criminal prosecutions in the said Court, and certify the same under his hand to the Provincial Secretary, and on such certificate the same shall be paid by Warrant in the usual manner.

71. All recognizances estreated in any County Court shall, by the Clerk of such Court, be immediately forwarded to the Attorney General, with a certificate that the same has been forfeited and estreated, signed by the Clerk of such Court, which certificate shall be evidence in all Courts of Law and Equity in this Province of the forfeiture and estreat of such recognizance.

72. Nothing herein shall interfere with the right of the Attorney General, at any time and in any stage of such criminal proceedings, to take charge of and control the same. JUDGMENTS IN THE INFERIOR COURTS OF COMMON PLEAS.

73. On its being made to appear by affidavit, to the satisfaction of the Judge of the County Court of the District in which the County is situate, in which County any plaintiff or defendant on and prior to the seventeenth day of June one thousand eight hundred and sixty seven, had obtained final judgment in the Inferior Court of Common Pleas thereof for debt, or damages and costs, or costs alone, whether execution had issued thereupon or not, and that such judg. ment and the costs of issuing execution or executions thereon, if any have been issued, and any Sheriff's fees thereupon remain unsatisfied in whole or in part, and of the amount being or remaining due upon such judgment, and for costs of execution or executions, if any, and Sheriff's fees thereupon, it shall be the duty of such Judge, on application of the party interested, his attorney or agent, and he is hereby required by an ex parte order to settle and fix the amount so made appear to him to be due and unpaid by the judg ment debtor for debt and costs, or costs alone, as the case

may be, and costs of execution or exccutions, if any, and any Sheriff's fees due thereon, and to order that the plaintiff or defendant, as the case may be, shall be at liberty forthwith to issue execution for the amount specified in such order,

74. Upon such order being made and filed with the Clerk of the County Court of the County in the Inferior Court of which such judgment was obtained, it shall be lawful for the plaintiff or defendant, as the case may be, or his attorney, to issue an execution out of such County Court for the amount so settled and fixed by the said Judge, which execution shall recite the fact that the partyissuing the same had obtained a judgment in the Inferior Court of Common Pleas of the County where such judgment was obtained, and that the same being in the whole or in part unsatisfied, the Judge of the County Court out of which such execution shall be issued,did order the amount for which such execution should issue, and state the amount so ordered, and such execution shall be tested and made returnable like as any execution issued upon any judgment obtained in such County Court, and may be directed to the Sheriff of any County, and may be against the property of the party against whom the same may be issued; and such execution shall have all the force power and effect, as to both real and personal property, as though issued in a cause brought in a County Court; and the Sheriff to whom the same is directed shall proceed thereupon in the same manner as upon execution issued upon judgment actually obtained in such County Court.

75. In addition to the sum so ordered by such Judge, the party issuing such execution may indorse thereon the sum of two dollars as and for the expenses attending the obtaining of the Judge's order for such execution or executions issued out of the County Court, which shall be levied by the Sheriff, together with his fees; and concurrent executions may issue into such Counties as the party issuing the same may think proper, and when returned unsatisfied for the whole or in part, another execution may issue for what remains due thereon, and so tolies quoties according to the practice of such Court, until the same is satisfied.

76. The provisions of Sections seventy three, seventy four and seventy five of this Chapter shall extend and apply to

all judgments heretofore obtained in the Inferior Court of Common Pleas in and for the City and County of Saint John in the same manner and with the same force and effect as to any judgment obtained in the Inferior Court of any other County in this Province.

MADAWASKA COUNTY COURT.

77. Until the appointment of a Judge for the Counties of Charlotte, Carleton, Victoria, and Madawaska, the Judge of the County Courts for the Counties of Charlotte, Carleton, and Victoria, shall, in addition to the powers already vested in him, have power to sit in the County Court of the County of Madawaska, and he shall, in addition to the powers and authorities already vested in him, have, and it shall be his duty to exercise and perform all the powers and authorities that might be exercised or performed by a Judge appointed for the Counties of Charlotte, Carleton, Victoria, and Madawaska, to as full extent as if the said Judge so acting had been appointed Judge of the County Courts for the Counties of Charlotte, Carleton, Victoria, and Madawaska; and until the appointment of a Judge for the said Counties last mentioned, all writs or processes issued out of the County Court of the County of Madawaska may be tested in the name of the Judge of the County Courts for the Counties of Charlotte, Carleton, and Victoria.

SCHEDULE.

(A)

Writ of Summons.

County, ss.

[L.S.] VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c.

We command you, that within twenty days after service upon you of this writ, you do cause an appearance to be entered for you in the County Court for the County of

to answer A. B. in a plea of [the form of action] for that whereas [here set out the cause of action in a brief form] and take notice that in default of your doing so, the said A. B. may cause an appearance to be entered for you, and proceed