of compensation or amends, in the same manner and with like effect as any sum may be paid into the said Court in actions of debt.

30. Depositions under oath of any party to a suit pending in said Court, or other person who is obliged to leave the County of Saint John before the trial of such suit, or who may be confined in the gaol of the City and County of Saint John, unless in custody in the same suit only, or who is sick or infirm, and unable to attend on the trial of the cause, may be taken before the Common Clerk or any one of the Aldermen of the said City; such depositions shall be sealed up and transmitted to the said Court, to be opened and read on the day of trial as evidence in the suit, saving all just exceptions; provided that it shall be made to appear at such trial to the satisfaction of the Court, that such witness is not then within the said City and County, or that he is sick or infirm, and unable to attend the trial, and that twelve hours' notice was given to the adverse party of the time and place of taking such deposition; and the Aldermen or Common Clerk shall be entitled to a fee of one dollar for taking such deposition, which shall be allowed and taxed as costs in the cause.

31. Upon any judgment being rendered by the said Court, the successful party may have execution (C or D) against the body or the goods of the adverse party, at his election, and on application therefor, the Clerk shall issue execution for the amount of the judgment and interest at any time within three years from the time of rendering such judgment, but no execution shall issue against the body of any female.

32. The execution shall be dated on the day when it is actually issued, and in suits for the recovery of sums under forty dollars shall be directed to a Marshal, and shall be returnable at the second succeeding Court day, unless a longer time shall be requested by the party in whose behalf the same is issued, when the return day may be extended to any time not exceeding four weeks from the date, and every such execution may be according to the form in the Schedule hereto annexed; and if any execution be returned unsatisfied in whole or in part, a further execution for the amount remaining due thereon may be issued.

33. The Marshal to whom an execution against the goods shall be delivered, shall proceed forthwith to levy the same

and unless the debt or damages and costs be paid, he shall take sufficient goods and chattels of the party against whom the same is issued to satisfy the same, and shall proceed thereon in all respects as is provided for like cases in proceedings in Justices' Civil Courts.

34. The Marshal to whom any execution against the body shall be delivered to be executed, shall in the cases authorized by law take the body of the person against whom the execution is directed, and convey him to the common gaol of the said City and County, the keeper whereof shall keep such person in safe custody until the debt or damages and costs shall be paid, or he is thence discharged by due course of law; and the Marshal so conveying any such person shall deliver to the keeper of such gaol the execution by virtue of which the commitment is made; provided that no person so committed shall be liable to be detained more than one day for every forty cents of the debt or damages and costs required by such execution to be levied, or more than fifty days in the whole, if the amount exceed twenty dollars; and every person so committed shall be entitled to his discharge at the expiration of such time, but this provision shall not apply to persons on the gaol limits; provided also, that notwithstanding such discharge of the defendant, the judgment upon which such execution issued shall remain good against the property of the defendant, and a new execution may be issued against his property in like manner as if he had not been imprisoned.

35. All executions issued upon any judgment had in the said Court for any sum over forty dollars, shall be directed to the Sheriff of the City and County of Saint John, instead of to one of the Marshals of said Court as in other cases; and every such execution shall be dated on the day upon which the same is issued, and shall be returnable thirty days after the date thereof; and the said Sheriff shall register all such executions received by him in a record book to be kept. by him for the purpose, and shall make return thereof to the Common Clerk's Office; and the said Sheriff shall proceed on such executions according to the exigency thereof, in the same manner and with like powers and authorities as upon executions issued out of the Supreme Court of this Province. 36. Executious delivered to the Sheriff' against the body

of any defendant shall have the like effect, as regards fixing bail and the arrest and imprisonment of the defendant, as if delivered to a Marshal for the purpose of being executed according to the practice of the said Court; and any defendant, after judgment obtained against him in the said Court, may render himself or be rendered by his bail in discharge of his bail, in like manner and with the like effect as before judgment; and if a suit shall have been commenced against the bail, the same shall at any time before judgment recovered therein be dismissed by the Court on payment into Court of the costs in such suit up to the time of render.

37. The same right of review and procedure thereon shall be had and allowed in all suits in the said Court, as is provided in and by Chapter 60, relating to Justices' Civil Courts; and whenever applicable and not inconsistent herewith, the provisions of the said Chapter relating to Justices' Civil Courts shall apply to proceedings in the said City Court.

38. Affidavits to be used in the said Court may be sworn before the Common Clerk or his Deputy, or before any Alderman of the said City, or any Commissioner for taking affidavits to be read in the Supreme Court.

39. No Justice of the Peace shall hold any Civil Court or try any civil cause within the said City of Saint John in any matter over which the City Court has jurisdiction.

SCHEDULE.
(A)

City of Saint John, ss.

The City Court of Saint John.

Summon

To one of the Marshals of the said City, Greeting: within your Liberty, to appear day of

in the said Court, on Thursday the

at ten o'clock in the forenoon, at the City Court Room, to

answer

of a plea of debt for

dollars and

cents, and have there then this precept.-Witness, the said

(B)

City of Saint John, ss. The City Court of Saint John.
To one of the Marshals of the said City, Greeting:

City of Saint John, ss. The City Court of Saint John. To the Sheriff of the City and County of Saint John (or to a Marshal of the City of Saint John, as the case may be), and the Keeper of the Gaol of the said City, Greeting: You, the (Sheriff) are hereby commanded to take

and you, the Keeper of the said Gaol are hereby commanded to receive and detain the said for the

in the said Court, for his damages and costs. And make return as required by law.-Witness, the said Court, this

City of Saint John, ss. The City Court of Saint John. To the Sheriff of the City and County of Saint John (or to a Marshal of the City of Saint John, as the case may be.)

You are hereby commanded, that of the goods and in the City of Saint John, you cause

chattels of

to be made

which

recovered against the said

to the said

lately in the said Court for his damages which

he has sustained, as well by means of the not performing certain promises and undertakings lately made by the said as for his costs and charges by him about his suit in that behalf expended. And make return thereof as required by law.-Witness, the said Court,

this

day of

CHAPTER 54.

CIVIL JURISDICTION OF THE POLICE MAGISTRATE
SAINT JOHN.

OF

The Police Magistrate of the City of Saint John, and in his absence the Sitting Magistrate at the Police Office, shall have jurisdiction in all actions of Debt in which the Mayor, Aldermen and Com..alty of the City of Saint John, or the Town of Portland, or some officer of the said Town for or on its behalf, may be a party or interested, where the amount claimed does not exceed eighty dollars, and shall and may proceed in all such cases in the manner provided in and by Chapter 60, relating to Justices' Civil Courts.'

3 Proceedings. Oath of Magistrate. 7 Review.

1. There shall be a Court in the City of Fredericton for the trial of civil causes, to be held before the Police Magistrate of the said City, or any duly appointed Sitting Magistrate of the said City, sitting at the Police Office of the said City, to be called "The City of Fredericton Civil Court."

2. The said Police Magistrate, or in his absence then such Sitting Magistrate, shall have jurisdiction in the County of York, as follows:-

First-In all actions in which a Justice of the Peace has by law civil jurisdiction;

Second-In actions of any kind of debt where the sum demanded does not exceed eighty dollars; and

Third-In actions of tort to real or personal property where the title of land shall not come in question, and when the damages claimed do not exceed thirty two dollars; and any person desirous of taking proceedings under this Section may reduce his claim by crediting payment, or by abandonment, so as to bring his demand within the jurisdiction of the said Court or Magistrate, as aforesaid; and the defendant in any suit where set-off is allowed, shall have the same right