Council may

6. The Governor-in-Council may revoke the approval CHAP. 153. given under this section, and no court or judge after Governor-innotice of such revocation shall appoint any such com- revoke approval. pany to be administrator, trustee, receiver, assignee, or guardian, unless such company gives the like security for the due performance of its duty as would be required from a private person. 1893, c. 8, s. 2, (3).

company to

7. The liability of any such company to persons inter- Liability of ested in an estate held by the said company as executor, persons administrator, trustee, receiver, assignee or guardian as interested, etc. aforesaid, shall be the same as if the estate had been held by any private person in such capacities respectively, and its powers shall be the same. 1893, c. 8, s. 2, (4).

direct deposit of

8. Every court into which money is paid by parties, or Court may is brought by order or judgment, may by order direct the money, etc. same to be deposited with any such company that agrees to accept the same, and the company may pay any lawful rate of interest on such moneys as is agreed upon; and when no special arrangement is made, interest shall be allowed by the company at the rate of not less than three per cent, annually. 1892, c. 8, s. 2, (5).

company to

9. Every such company may invest any trust moneys Power of in its hands in any security in which private trustees may invest. by law invest trust moneys, and may also invest such moneys :

(a) In the public stock, funds or government securities
of the Dominion of Canada, or of any of the provinces
of the Dominion, or in any securities guaranteed by
the United Kingdom of Great Britain and Ireland, or
by the Dominion, or by any of the said provinces; or
(b) In the bonds or debentures of any municipal
corporation in any of the said provinces,

provided that such company shall not in any case invest the
moneys of any trust in securities prohibited by the trust,
and shall not invest moneys intrusted to it by any court in
a class of securities disapproved of by the court. 1893, c.
8, s. 2, (6.)

10. This Chapter shall be construed as one with "The Construed with Trustee Act." 1893, c. 8, s. 1.

"The Trustee Act."

Special jurisdiction provided

for.

Power of pre

siding judges

rooms.

TITLE XXIV.

OF COURTS AND PROCEDURE

CHAPTER 154.

OF THE SUPREME COURT OF CANADA AND THE
EXCHEQUER COURT OF CANADA.

1. The Supreme Court of Canada, and the Exchequer Court of Canada, or the Supreme Court of Canada alone, according to the provisions of the Act of the Parliament of Canada, known as "The Supreme and Exchequer Court Act," shall have jurisdiction in the following cases,—

2.

(a) Of controversies between the Dominion of Canada
and this province;

(b) Of controversies between this province and any other
province of the Dominion which has passed or here-
after passes an Act similar to this Chapter;
(c) Of suits, actions or proceedings in which the partie s
thereto by their pleadings have raised the question
of the validity of an Act of the Parliament of Canada,
or an Act of the legislature of this province, when in
the opinion of a judge of the court in which such
suit, action or proceeding is pending such question is
material, and in such case the judge shall, at the
request of the parties, and may, without such request,
if he thinks fit, order the case to be removed to the
Supreme Court of Canada, in order to the decision of
such question. R. S., c. 111, s. 1.

If sittings of the Exchequer Court of Canada to occupy court are appointed to be held in any city, town, or place in which a court house is situated, the judge presiding at any such sittings shall have in all respects the same authority as a judge of the Supreme Court of Nova Scotia at nisi prius in regard to the use of the court house and other buildings or apartments set apart in the county for the administration of justice Provided, however, that nothing in this section shall be construed to deprive the Supreme Court, or any county court of Nova Scotia, or any of the judges of the said courts, of the use and authority which the said court,

and the judges thereof, have he retofore had and exercised of CHAP. 155, and over the court house and other buildings mentioned herein during any sittings of the said courts respectively. R. S., c. 111, s. 2.

CHAPTER 155.

OF THE SUPREME COURT AND PROCEDURE

THEREIN.

1.

SHORT TITLE.

This Chapter may be cited as The Judicature Act." Short title. R. S., c. 104, s. 1.

INTERPRETATION.

2. In this Chapter, and in the rules of the Supreme Interpretation Court, unless the context otherwise requires, the following expressions shall have or include the meanings in this section mentioned, that is to say:

(1.) "Rules" includes "Rules of Court," and both include Forms.

(2.) Cause" includes any action, suit, or other original proceeding between a plaintiff and a defendant.

(3.) "Suit" includes action.

(4.) "Action" means a civil proceeding commenced by writ, or in such other manner as is prescribed by Rules of Court; but does not include a criminal proceeding by the Crown.

(5.) "Plaintiff" includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the same is taken by action, suit, petition, motion, summons, or otherwise.

(6.) "Petitioner" includes every person making any application to the Court, either by petition, motion, or summons, otherwise than as against any defendant.

(7.) "Defendant" includes every person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings.

(8.) "Party" includes every person served with notice. of, or attending, any proceeding, although not named on the record; and includes a body corporate or politic.

СНАР. 155.

Constitution of
Supreme Court.

Seal.

Bench of

(9.) "Matter" includes every proceeding in the court, not in a cause.

.(10.) "Pleading" includes every petition or summons, and also includes the statement in writing of the claim or demand of any plaintiff, and of the defence or the counterclaim of any defendant thereto, and of the reply of the plaintiff to any defence or counter-claim of a defendant, and of the defendant's reply to such reply.

(11.) "Judgment" includes decree.

(12.) "Order" includes rule.

(13.) "Oath" includes solemn affirmation and statutory declaration.

(14.) "Existing Existing" means existing at the time of this Chapter coming into force.

(15.) "This Chapter" means the portion of this Chapter exclusive of the rules. R. S., c. 104, s. 47.

CONSTITUTION OF THE SUPREME COURT.

3. The Supreme Court of Nova Scotia as constituted before this Chapter a Court of common law and equity, and possessing original and appellate jurisdiction in civil and in criminal cases, shall continue under the aforesaid name to constitute one Supreme Court of Judicature for Nova Scotia. R. S., c. 104, s. 2 part.

SEAL.

4. The Governor-in-Council may from time to time determine and declare the seal to be used in the Supreme Court, and by which its proceedings shall be certified and authenticated; and until another seal for the Supreme Court is established, the existing seal in use in the Supreme Court may be used therefor. R. S., c. 104, s. 7.

JUDGES.

5. The Bench of the Supreme Court shall be composed Supreme Court. of a Chief Justice and six other Judges, including the Judge in Equity. R. S., c. 104, s. 2 part.

Judges, qualification of.

office.

6. No person shall be appointed a Judge of the Supreme Court unless he has been a resident barrister of the province for ten years, and has been practising as such for five years before such appointment, or has held office as a county court judge in the province. R. S., c. 104, s. 2 part.

Judges, holding 7. The Judges of the Supreme Court shall hold no other, offices under Government, except those of the local Judge in Admiralty of the Exchequer Court, and the Judge Ordinary of the Court for Divorce and Matrimonial Causes. R. S., c. 104, s. 2 part.

8. The persons hereafter appointed to fill the places of CHAP. 155. the Chief Justice, Judge in Equity and other Judges of the Judges, Supreme Court, and their successors respectively, are to be appointment of. appointed by the authority mentioned in the British North America Act, and with the same title as heretofore.

c. 104, s. 2, part.

R. S.,

9. Save as in this Chapter is otherwise expressly Judges to have provided, all the Judges of the Supreme Court mentioned, equal powers. and their successors, shall have in all respects equal power, authority and jurisdiction. R. S., c. 104, s. 2 part.

10. The Chief Justice for the time being of the Supreme Chief Justice, Court shall be entitled to precedence over all the other precedence of. Judges thereof. R. S., c. 104, s. 2 part.

precedence of.

11. The Judges of the Supreme Court and their respec- Judges, tive successors in office shall be entitled to have, and shall have, precedence next after the Chief Justice, according to seniority of appointment. R. S., c. 104, s. 2 part.

OATH OF JUDGES.

office.

12. The oath to be taken by the Judges to be hereafter Judge's oath of appointed shall be the following:-"I do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as

God." R. S., c. 104, s. 3.

So help me

tered.

13. The oath shall be administered to the Chief Justice Judge's oath, by and the other Judges by the Lieutenant-Governor, or such whom adminis person as is appointed by him to administer the same; or by any person who is appointed by the Governor-General to administer oaths of office. R. S., c. 104, s. 4.

JURISDICTION OF THE SUPREME COURT.

jurisdiction of.

14. (1.) The Supreme Court of Nova Scotia shall Supreme Court, continue to be a court of record, and, subject to the provisions of this Chapter, shall continue to have and exercise the jurisdiction which at the time of the coming into force. of this Chapter, was vested in, or capable of being exercised by such Court.

actions under

(2.) The Supreme Court shall also have jurisdiction in Jurisdiction in actions to recover a debt or liquidated demand in money eighty dollars. which is under eighty dollars and not less than twenty dollars, and may try and dispose of the same as other actions. R. S., c. 104, s. 8, part; 1900, c. 15, s. 1, part.

15. The Supreme Court shall have within this province Powers of the same powers as were formerly exercised by Her Supreme Court. Majesty's Courts of Queen's Bench, Common Pleas, Exchequer and Chancery, in England; and also such and