laid before me, with the affidavit of said ing to me that substantial justice has not been done to the , [or that the Justice has acted wholly without jurisdiction, as the case may be,] I appoint the day of VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, To our Sheriff of for Greeting: We command you that you attach L. M., so that you may have his body before us at Fredericton, (or before our County Court Judge for the County of as the case may be), on [a return day in the ensuing Term], to answer to us for a certain trespass and contempt, in not paying to J. K. the sum of awarded to the said J. K. by one of the Justices of our Supreme Court (or as the case may be), in a certain matter of review lately pending before the said Justice, pursuant to the Act of Assembly in such case made and provided, and have there then this writ.-Witness Chief Justice at Fredericton, (or as the case may be) the [day of issuing]. By order of CARMAN. NOTE. Instead of Attachment (O), Attachment (D) of Chapter 51, of County Courts,' may be used, with such alterations as may be necessary when issued out of the Supreme Court. (P) Warrant of Commitment for contempt. County, ss. To any Constable in the Parish of Whereas X. Y. has been guilty of insolent behaviour towads me, in the trial of a cause between A. B., plaintiff, and C. D., defendant, tending to interrupt the proceedings in the said cause, and was thereupon for such contempt adjudged to be imprisoned hours in the common gaol of the said County: These are therefore to require you, the said constable, to take the said X. Y. and convey his body to the gaol of the said County, and there deliver him to the keeper of the said gaol, together with this warrant ; and you the said keeper, are hereby required to keep in your custody the said X. Y. for the said term of hours, and hereof fail you not.-Given under my hand the day of N. M., J. P. NOTE--The Justice will alter the statement of the offence in the foregoing form, so as to suit the facts of the case, taking care to state the offence according to this Chapter. to bring the above named defendant before me at my Office on the at in day of day of 18 . E. F., Justice of the Perce. (R) Order of Render. On the application of the above defendant, (or on application of E. F. and G. H., bail for the above defendant), I order that the above defendant be rendered in discharge of his bail in this suit, to the gaol of the County of .-Dated I certify that C. D. was this day rendered (or did this day render himself) in discharge of his bail, in this suit, and is now confined in the gaol of the County of in such Section. CHAPTER 61. QUALIFICATION OF JUDGES IN CERTAIN CASES. Section. 1 Interest of Judge in cause, when 2 Interest of Justice of the Peace, not to disqualify him. when not to disqualify him. 1. In any suit, proceeding, cause, matter or thing, in or to which any County, Parish, City, City Corporation, Municipal Corporation, or other local authority or division, may be a party or in any way interested, affected or concerned, it shall not be alleged, taken or held, that any Judge of the Supreme Court, or Judge of a County Court, is disabled or disqualified from hearing or determining the same from any interest or supposed interest in the event of the same, for or by reason of such Judge being (1) A Freeman or an inhabitant of any such County, Parish, City, District, or Division; (2) A holder in his own right or as Trustee of any bond, debenture, or security for the payment of money, issued by any such County, Parish, City, City Corporation, Municipal Corporation, or local authority or division; (3) A ratepayer of any such County, Parish, City, District, or Division, whether upon real or personal property, or income, or otherwise; (4) A holder of any property, real or personal, which might be taxed or rated to meet any assessment, damages, costs or charges, to which any such County, Parish, City, City Corporation, Municipal Corporation, or local authority or division, might be subjected or put for or by reason of any such suit, proceeding, cause, matter, or thing as aforesaid. 2. It shall and may be lawful to and for any Justice of the Peace in this Province, to make, do and execute all and every act, matter or thing appertaining to his office as such Justice, so far as the same relates to the laws for the relief and maintenance of poor persons, for managing and punishing vagrants, for repair of the highways, or to any other laws concerning Parish, City, or County taxes, levies, or rates, or any other matter within their jurisdiction, notwithstanding any such Justice is or may be rated to or chargeable with the taxes, levies or rates within any such Parish, City, County or place affected by any such act or acts of such Justice as aforesaid. 10 Aiding and procuring commission 12 Justice's order need not be in 38 Review. 39 Service of order for review. 13 Information to be laid within six 40 Costs of review. 1. This Chapter shall only apply for the purpose of recov ering any fine, or enforcing any order, penalty or imprisonment imposed by virtue of any Act of the Legislature of this Province, or by virtue of any bye law, ordinance or regulation lawfully made under the authority of any Act of the Legislature of this Province. 2. Whenever a penalty may be imposed by virtue of any Act of the Legislature of this Province, and no particular mode is prescribed for the recovery thereof, the same may be recovered with costs, in the name of any one to whom the same or a part thereof may be payable, or if not payable to any one, in the name of any person who will sue therefor, where the penalty shall not exceed forty dollars, before a Justice, where eighty dollars, before two Justices, under this Chapter; provided that in every case, unles otherwise provided, the Justice or Justices shall be Justices of the County where the act or default for which proceedings are taken was done or made. 3. Any duly appointed Police, Stipendiary or Sitting Magistrate shall, within the County in which his District may be, have all the powers of a Justice under this Chapter, and shall also have alone all the powers herein conferred upon two Justices. 4. When information (A) shall be laid before a Justice that any person has committed or is suspected to have committed or made any act ordefault punishable bysummaryconviction, or upon which such person may be liable to an order for the payment of money, or otherwise, the Justice may issue his Summons (B), requiring such person to appear at a certain time and place before the Justice, who shall then be there, to answer to the matter of the information, which shall be served by a constable, or by leaving a copy of the same with some adult member of his household; the constable shall attend at the return thereof to prove the service; no objection shall be allowed to any information or summons for any defect therein in substance or form, or for any variance between such information or summons and the evidence, unless the party summoned has been misled, when the Justice may adjourn the hearing to a future day. 5. If the person served shall not appear before the Justice at the return, and it shall be made to appear to such Justice on oath, that such summons was served in a reasonable time, such Justice may issue his warrant (C) to apprehend the party and bring him before the Justice, or some other Justice, to answer to the said information. 6. Instead of issuing a summons the Justice may, upon oath being made substantiating the matter of the information. to his satisfaction, issue in the first instance his warrant (D) for apprehending such party and bringing him before the Justice, or some other Justice, to answer to the said information; but when a summons shall be issued as aforesaid, and served in a reasonable time, and the parties fail to appear in obedience thereto, such Justice may proceed to the hearing of such information or complaint, and adjudicate thereon |