« PreviousContinue »
for the party for whom he appears; and provided also, that no person holding the office of constable in the said Town, or elsewhere within the City and County of Saint John, and no Marshal of the City Court of the City of Saint John, shall act as agent or attorney for either party, or as a juror on the trial of any civil cause in the said Court; and if any such person shall act in such capacity, contrary to the provisions of this Chapter, he shall forfeit the sum of twenty dollars for every offence, to the use of the said Town; and it shall be the duty of the Town Clerk to prosecute therefor.
6. In all defended cases the said Police Magistrate or Sitting Magistrate may, in his discretion, tax a counsel fee to the successful party on the trial of the cause, not in any case to exceed four dollars, to be included with costs recoverable on judgment; but such Magistrate shall not tax a fee in any case, unless in the opinion of the Court, under the circumstances, the assistance of Counsel was reasonably required; and if on the trial of any action brought in the said Court for trial of civil causes, it shall appear that the Court has not jurisdiction in the case, judgment shall be rendered as in case of nonsuit, and the defendant shall hare execution for costs accordingly.
7. Any affidavit to be used in the said Court for trial of civil causes, or on review therefrom, may be sworn before the said Police Magistrate or Sitting Magistrate, or the Town Clerk of the said Town of Portland, or any Commissioner for taking affidavits to be read in the Surpeme Court; and the said Clerk shall minnte all proceedings of the said Court.
8. No jury shall be allowed in any action of debt whatsoever in the said Court, unless the amount in dispute, or thing demanded, shall exceed the sum of twenty dollars ; nor shall any juror sit on the trial of any cause in the said Court urless duly qualified to serve as a petit juror in the Supreme Court of this Province ; provided that the want of such qualification shall be a good cause of challenge, but no objection on such ground shall be made or taken in any cause after any such juror shall be empanelled and sworn therein.
9. The same right and procedure of review shall be had and allowed in all suits tried in the said Court, as is provided in and bythe Chapter relating to Justices' Civil Courts. 10. The fees to be taxed and taken for the Police Magistrate or Sitting Magistrate, constable, witnesses and jurors in all civil actions in the said Court, shall be according to the Table of Fees for the said Court contained in the Chapter on Tees; and the Magistrate's fees shall be received by the Town Clerk to the use of the said Town, and by him paid over to the Treasurer thereof.
11. Nothing in this Chapter shall be construed to limit or restrict the civiljurisdiction now vested in the Police Magistrate or Sitting Magistrate of Saint John in suits in which the Town of Portland or some officer of the Town for or on its behalf is a party to the suit, which jurisdiction the said Police Magistrate or Sitting Magistrate as well as the Police Magistrate or Sitting Magistrate of the Town of Portland shall continue to exercise.
Section. 1 Jurisdiction of Stipendiary or Po. 9 Jurisdiction of Stipendiary Magislice Magistrate.
trate of King's County. 2 Title of Court.
10 Of the Parish of Caraquet.
of them must live within juris 13 Of the Parish of Salisbury.
14 Of the Parish of Bathurst. 5 Oath of Judge.
15 Proviso as to oath of present 6 Proceedings to be as in Justices' Magistrates. Civil Courts.
16 This Chapter not to affect certain 7 Affidavits before whom sworn.
Courts, &c. 8 Fees and costs.
1. Stipendiary or Police Magistrates appointed with civil jurisdiction within any County, Town, Parish, or District, shall have within the territory named civil jurisdiction as follows: (1) In all actions in which a Justice of the Peace has by
law civil jurisdiction ; (2) In all actions of debt whether upon simple contract
or specialty, for a sum certain, when the amount claim
ed does not exceed forty dollars; and (3) In all actions of tort to real or personal property
when the title to land does not come in question, and when the damages do not exceed sixteen dollars.
2. The Civil Court of such Magistrate shall be called “The (County, Town, Parish or District within which civil jurisdiction is given) Ciril Court."
3. The plaintiff's claim may be reduced by payment or abandonment so as to bring it within the jurisdiction of the said Court or Magistrate ; and the defendant in any suit where set-off is allowed, shall have the same right of crediting payment and of abandonment in setting off adverse claims.
4. Such Magistrate shall not have or exercise the jurisdiction herein given unless the plaintiff or defendant, or some one of the plaintiffs or defendants, reside within the territory wherein such Magistrate has civil jurisdiction as such Magistrate; provided however, that nothing herein shall limit the jurisdiction of such Magistrate as a Justice of the Peace.
5. Before exercising the powers herein given to him as Judge of said Court, he shall take and subscribe the follow. ing 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 the trial of civil causes in the (Parish of , as the case may be)."-Such oath shall be made and taken before the Clerk of the Peace for the County within which, or part of which, such Magistrate has civil jurisdiction, and filed in the office of the said Clerk of the Peace.
6. All proceedings in the said Court shall be had in every respect under the provisions of the law relating to proceed. ings in Justices' Civil Courts, and the same right of review shall be had and allowed as is had and allowed in proceedings before Justices in Civil Causes.
7. Any affidavit to be used in the said Court or in proceedings on review therefrom, may be sworn before the said Magistrate, or before any Commissioner for taking affidavits to be read in the Supreme Court.
8. The fees to be taxed and taken for the Magistrate, con. stable, 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. In actions where the amount sued for is more than twenty dollars, and such suit is defended and tried before the said Magistrate, a further sum of one dollar shall be taxed and allowed to such Magistrate as costs in the cause.
9. The Stipendiary Magistrate of King's County shall, within the l'arish of Sussex, have and exercise the jurisdiction herein given to a Stipendiary or Police Magistrate appointed with civil jurisdiction. His Court shall be called “The Parish of Sussex Civil Court."
10. The Stipendiary Magistrate of the Police District in the Parish of Caraquet shall have like jurisdiction within the Parish of Caraquet. His Court shall be called “The Parish of Caraquet Civil Court.”
11. The Stipendiary Magistrate of the Police District of the Town of Newcastle shall have like jurisdiction within the Parish of Newcastle. His Court shall be called “The Parish of Newcastle Civil Court."
12. The Stipendiary Magistrate of the Town of Moncton in the County of Westmorland shall have like jurisdiction within the Parish of Moncton. His Court shall be called "The Town of Moncton Civil Court."
13. The Stipendiary Magistrate of the Parish of Salisbury in the County of Westmorland, shall have like jurisdiction within the Parish of Salisbury. His Court shall be called “The Parish of Salisbury Civil Court.
14. The Stipendiary Magistrate of the Parish of Bathurst shall have like jurisdiction within the Parish of Bathurst. His Court shall be called “The Parish of Bathurst Civil Court."
15. The present Stipendiary Magistrate of King's County, and the present Stipendiary Magistrate of the Police District in the Parish of Caraquet may exercise the jurisdiction herein given without taking and subscribing the oath mentioned in Section five.
16. This Chapter shall not affect “ The Town of Portland Civil Court," or "The City of Fredericton Civil Court," nor shall it alter or affect the Civil jurisdiction of the Police or Sitting. Magistrates of Saint John.
Section. 1 Title of Court.
7 Proceedings same as in Justices' 2 Jurisdiction of Commissioners ; Courts. exceptions.
8 Commissioner to be sworn ; form 3 By and against whom action may of oath. be brought.
9 Parties to suit may conduct case 4 WhenCommissioner is interested, personally or by attorney.
where action may be brought. 10 Affidavits to be used, before whoia 5 When neither plaintiff nor defen
dant resides in Parish, Commis. 11 Costs of suit, how taxed and re. sioner not to act.
covered. 6 When Commissioner of one 12 Review. Parish may act in another. 13 Power to arrest, imprison, grant
bail, &c. given to Commissioner.
1. There shall be a Court in each Parish in this Province, except in Parishes where there is a resident Police or Stipendiary Magistrate having civil jurisdiction therein, for the trial of civil causes as herein provided, to be held before a Commissioner, being a Justice of the Peace, which Commissioner for each Parish shall be appointed by the Lieutenant Governor in Council, and such Court shall be called “The Parish of
Civil Court." 2. Every such Commissioner shall have jurisdiction in the County in which he resides and for which he may have been appointed a Justice of the Peace, 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 dollars ;
Second-Actions of tort to real or personal property when the damages claimed do not exceed sixteen dollars; but no Commissioner shall have jurisdiction over civilactions 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 payment or abandonment to that sum, or 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 of abandonment in setting off adverse claims.