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of crediting payment and of abandonment in setting off adverse claims.

3. All proceedings and trials in the said Court for the trial of civil causes, shall be had and taken in every respect under the provisions of the law relating to proceedings in Justices' Civil Courts; provided always, that any such Police Magistrate or Sitting Magistrate hereafter appointed, before exercising the powers herein given him as Judge of said Court, shall take and subscribe the following oath, in addition to any oath provided by law to be taken :—“I, A. B., do swear that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a Justice of the Peace and Judge of the Court for the trial of civil causes in the City of Fredericton;" and every such oath shall be made and taken before one of the Judges of the Supreme Court or County Courts, and filed in the office of the City Clerk of Fredericton.

4. Any affidavit to be used in the said Court, or in proceedings on review therefrom, may be sworn before the said Police Magistrate or Sitting Magistrate, or before any Commissioner for taking affidavits to be read in the Supreme Court.

5. The fees to be taxed or taken for or by the said Police Magistrate or Sitting Magistrate, and any constable, witness, or juror, in such civil actions, shall be the same as provided for in Justices' Civil Courts, except that when the action shall be for a larger amount than twenty dollars, the said Police Magistrate or Sitting Magistrate shall be entitled to take and receive double the amount of fees allowed as last aforesaid.

6. The said Police Magistrate or Sitting Magistrate may, if he think fit, and he is hereby authorized, to tax a counsel fee of not more than five dollars to the successful party in all suits tried before him where the amount sued for exceeds the sum of twenty dollars; but such Magistrate shall not tax a counsel fee in any case, unless in his opinion the assistance of counsel was reasonably required.

7. The same right of review shall be had and allowed in all civil suits tried in the said Court, as is provided in and by the Chapter relating to the proceedings in Justices' Civil Courts.

CHAPTER 56.

THE SMALL DEBT COURT OF FREDERICTON. Section.

Section. 1 Title of Court.

7 Affidavit to be used in Court, be. 2 Jurisdiction of Court.

fore whom made. 3 When and where Justice shall not 8 Fees; when Justice may allow hold Court.

Counsel fee. 4 Proceedings of Court, how had. 9 Review. 5 Justice to be sworn.

10 Power of Court to arrest, im6 Parties to action may by them

prison, &c. selves or Attorney conduct suit. 1. There shall be a Court in the City of Fredericton, having civil jurisdiction therein for the trial of civil causes only, as herein provided, to be held before a Justice of the Peace to be appointed by the Lieutenant Governor in Council, and such Court shall be called “The Small Debt Court of Fredericton."

2. The said Justice of the Peace shall have jurisdiction in the City of Fredericton over the following civil actions :

First-Actions of debt, including any claim for a sum certain due upon a specialty, when the sum demanded does not exceed forty dollors;

SecondActions of tort to real or personal property when the damages claimed do not exceed sixteen dollars; but the said Justice shall not have jurisdiction over civil actions where the Queen is a party, or where the title to land shall come in question, or the action is for the recovery of a debt exceeding forty dollars, unless the same be reduced by pay. ment or abandonment to that sum, and when the action is for debt against the personal representatives, trustees of absconding debtors, assignees of bankrupts, or Banking or Insurance Companies ; and the defendant in any suit where set-off is allowed, shall have the same right of crediting payment and abandonment in setting off adverse claims.

3. The Justice of the Peace appointed under this Chapter shall not hold a Court for the trial of any action under this Chapter, unless the plaintiff or defendant, or some one of the plaintiffs or defendants, resides in the City of Fredericton; nor shall such Justice of the Peace hold a Court for the trial of any action under this Chapter in any other Parish or place than in the City of Fredericton. 4. All proceedings in the said Court shall be had in all respects, except as herein specially provided, under the provisions of the Law relating to proceedings in Justices' Civil Courts.

5. Such Justice of the Peace, before exercising the powers as Justice of “ The Small Debt Court of Fredericton,” shall take and subscribe the following oath in addition to any oath provided by law to be taken, that is to say :-1, A. B, do swear that I will faithfully, impartially and honestly, accord. ing to the best of my skill and knowledge, execute all the powers and duties of Justice of “The Small Debt Court of Fredericton;" and every such oath shall be taken before the Clerk of the Peace of the County of York.

6. Any plaintiff or defendant in any suit in “The Small Debt Court of Fredericton,” may appear and conduct his suit either in person, by his agent, or by Attorney of the Supreme Court, whose authority may be either written or oral. but on the trial such attorney shall not be a competent witness for the party for whom he appears.

7. Any affidavit to be used in the said Court may be sworn before any Justices of the Peace or Commissioner of any Parish or before any Commissioner for taking affidavits to be read in the Supreme Court.

8. The fees to be taxed and taken for the Justice of the said Court, constables, witnesses and jurors in all civil actions in the said Court, shall be according to the Table of Fees established in actions in Justices' Civil Courts, and all such costs shall be recovered and paid to the successful party to the suit, notwithstanding any thing contained in the Law relating to proceedings in Justices' Civil Courts; and in all actions defended and tried before such Justice where Counsel is employed, and the amount sued for exceeds twenty dollars, the Justice may, in his discretion, tax a Counsel fee to the Attorney of the successful party, not exceeding four dollars, to be included with the costs recoverable on judgment; but such Justice shall not tax a fee in any case unless he considers that the assistance of Counsel was reasonably required.

9. The same right of review shall be had and allowed in any suits tried in the Court hereby established as is provided in and by the Law relating to Justices' Civil Courts.

10. In actions in the said Court, and to the full extent of its jurisdiction, arrest, imprisonment, bail and deposit

shall be permitted, had and allowed as provided by the Law relating to Justices' Civil Courts; and all laws respecting such last mentioned Courts relating to the examination disclosure and discharge of any defendant, the arrest upon final judgment and execution ofany such defendant, and the levying and sale of goods and chattels upon execution, shall in all cases in the said Court apply and be in force, and the affidavits to hold to bail in the said Court shall conform as near as may be to affidavits to hold to bail in Justices' Courts.

CHAPTER 57.

Town of PORTLAND CIVIL COURT. Section.

Section, 1 Title of Court.

6 Counsel fees. 2 No Justice of the Peace to have 7 Affidavits, before whom sworn.

any civil jurisdiction, except 8 Jury, when allowed.

Police or Sitting Magistrate. 9 Review. 3 Jurisdiction of Court.

10 Fees. 4 Proceedings.

11 Jurisdiction of Police Magistrate 5 Parties may appear in person or of Saint John.

by an Attorney of the Supreme
Court.

1. There shall be a Court in the Town of Portland for the trial of civil causes, as herein provided, to be held before the Police Magistrate of the said Town, or any duly appointed Sitting Magistrate of the said Town, to be called “The Town of Portland Civil Court;" and such Court shall be held at the Police Office in the said Town on Wednesday in every week; provided that when Christmas Day, New Year's Day, or any public holiday, shall fall upon Wednesday in any week, the said Court shall be held on the Thursday in such week and not on Wednesday; provided also, that the sitting of the said Court may be adjourned from day to day, if it be deemed expedient or necessary, for the dispatch of any uufinished business.

2. Except as herein provided, no Justice of the Peace shall have any civil jurisdiction, or shall try any civil cause within the Town of Portland, except only the Police Magistrate or Sitting Magistrate before mentioned sitting at the Police Office in the said Town.

3. The said Police Magistrate, or in case of his temporary absence or illness, then such Sitting Magistrate sitting at the Police Office in the said Town, shall have civiljurisdiction in the said Town of Portland, and in the Parishes of Lancaster and Simonds, in the County of Saint John, as follows:-

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

SecondIn all actions of debt, whether upon simple contract or specialty, where the amount claimed does not exceed eighty dollars ; and

Third-In actions of tort to real or personal property where the title to land shall not come in question, and where the damages claimed do not exceed twenty dollars ; and where the dealing between the parties have exceeded eightydollars, the plaintiff's claim may be reduced by payment or abandonment so as to bring it within the jurisdiction of the said Court, or the said Magistrate as aforesaid ; and the defendant in any suit in which set-off is allowed, shall have the same right of crediting payment and of abandonment in setting off adverse claims.

4. All proceedings in the said Court for trial of civil causes, and before the said Police Magistrate or Sitting Magistrate in civil causes as aforesaid, shall be had in every respect, except as herein specially provided, under the provisions of the law relating to proceedings in Justices' Civil Courts; provided that every such Magistrate hereafter appointed, before exercising the powers as Judge of such Court shall take and subscribe the following oath, in addition to any oath provided by law to be taken, that is to say :—“I, A. B., do swear that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a Justice of the Peace and Judge of the Court for trial of civil causes in the Town of Portland ;” and every such oath shall be taken before some one of the Judges of the Supreme Court or County Court for this Province, and filed with the Town Clerk of the Town of Portland.

5. Any plaintiff or defendant in a suit before the said Police Magistrate or Sitting Magistrate in the said Court for trial of civil causes, may appear and conduct his suit either in person, by his agent, or by Attorney of the Supreme Court, whose authority may be either written or oral ; but on the trial such Attorney shall not be a competent witness

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