questions when (6.) (a.) Upon a trial with a jury of any action except CHAP. 155. an action for libel, slander, criminal conversation, Jury to answer seduction, malicious arrest, malicious prosecution, or directed. false imprisonment, the judge instead of directing the jury to give either a general or a special verdict, may direct the jury to answer any questions of fact raised by the issues. jury by Judge (b.) Such questions may be stated to them by the Questions to (c.) The jury shall answer such questions, and shall Judgment on (d.) If the judge refuses to direct the jury to answer Refusal to subany question which counsel requires him to submit mit questions, to them, such refusal may be used as a ground for a new trial. R. S., c. 104, s. 20; 1889, c. 6, s. 1. 43.-(1.) Subject to any rules of court, the Court or Assessors judge may in any cause or matter in which it is deemed Judge. expedient by such Court or judge so to do, call in the aid of one or more assessors specially qualified, and try and hear such cause or matter, wholly or in part, with the assistance of such assessor or assessors. ordered by of assessors. (2.) The remuneration, if any, to be paid to such Remuneration assessors shall be determined by the court or a judge. S., c. 104, s. 28. R. procedure before Itinued in certain 44. Save as by this Chapter or by any rules of court it Forms and is otherwise provided, all forms and methods (as nearly as Judicature Act may be) of procedure, which, immediately preceding the and rules confirst day of October, A. D. 1884, were in force in the cases. Supreme Court, under or by virtue of any law, general order or rule whatsoever, and which are not inconsistent with this Chapter or with any rules of court, may continue to be used and practised in the Supreme Court in such and the like cases and for such and the like purposes as those to which they would have been applicable in the Supreme Court prior to the said date. R. S., c. 104, s. 33. RULES OF COURT. 45. The judges of the Supreme Court or a majority of Rules of Court, them may at a meeting held for that purpose annul, or alter power to make. CHAP. 155, and amend, any rule or rules of court for the time being in force, and make any further or additional rules of court for carrying this Chapter into effect, and in particular for all or any of the following matters, namely Sittings. Pleadings and practice, &c. Juries. Appeals. Payment into court. Generally. Rules of Court (1.) For regulating the sittings of the Court and of the judges of the Court in chambers. (2.) For regulating the pleading, practice and procedure in the Court, and the rules of law which are to prevail in relation to remedies in causes and proceedings therein. (3.) For the providing of juries either common or special for the trial of jury causes either at the regular or any special sittings of the Court. (4.) For the hearing of appeals from county courts, or a judge of a county court, from courts of probate or from any other courts or officers, and for the hearing of motions and of appeals from any of the judges of the Supreme Court, sitting for the trial of causes, or the transaction of any other business in Halifax or on circuit, and for regulating the selection of the judges of the Supreme Court, who shall hear such appeals, or motions, and for regulating all matters relating to the practice on such hearings. (5.) For regulating the payment, transfer or deposit, into, or in, or out of, any court, of any money or property, or the dealing therewith. (6.) Generally for regulating any matter relating to the practice and procedure of the Supreme Court, or to the duties of the officers thereof, or to the costs of proceedings therein, and every other matter deemed expedient for the better attaining of the ends of justice, advancing the remedies of suitors, and carrying into effect the provisions of this Chapter, and of all other statutes now or hereafter in force respecting the said Court. R. S., c. 104, ss. 34 part, 38; 1889, c. 5, s. 1; 1896, c. 17, s. 1. 46. The Rules of the Supreme Court in the schedule to revised, brought this Chapter shall come into force at the time of the coming into force of this Chapter. into force. Ru'es of Court in Gazette. 47. All rules of court made in pursuance of this Chapter to be published shall, from and after the publication thereof in the Royal Gazette, regulate all matters to which they extend, until annulled or altered in pursuance of this Chapter. R. S., c. 104, s. 35. Power of Judges to make rules before Judicature Act and 48. Subject to any rules of court which are made under the provisions of this Chapter, the judges of the rule, continued. Supreme Court shall continue to have and exercise all the powers which immediately preceding the coming into force of this Chapter they possessed or exercised as to making rules of court for the regulation of the practice of CHAP. 155. the Court. R. S., c. 104, s. 36. to modify statutes relating to practice in 49. Where any provisions in respect to the Supreme Rules of court Court are contained in any statute, rules of court may be made for modifying such provisions to any extent that is certain cases. deemed necessary for adapting the same to the practice and procedure of the Supreme Court, unless, in the case of any Act passed after the coming into force of this Chapter, this power is expressly excluded with respect to such Act or any provision thereof. R. S., c. 104, s. 37., to legislature. 50. All rules of court made in pursuance of this Rules of Court Chapter shall be laid before the House of Assembly and to be submitted Legislative Council of Nova Scotia within twenty days next after the same are made, if the legislature is then sitting, and if the legislature is not then sitting within twenty days after the meeting of the legislature next after such rules are made, and if an address praying that any such rules may be cancelled is presented to the Lieutenant-Governor by the said House of Assembly or Legislative Council within the twenty days on which the legislature has been sitting next after such rules are laid before it, the Governor-in-Council may thereupon, by Order-in-Council, annul the same, and the rules so annulled shall thenceforth become void and of no effect, but without prejudice to the validity of any proceedings which in the meantime have been taken under the same. R. S., c. 104, s. 42. GENERAL PROVISIONS. Court, duties of 51. Subject to any order in that behalf, the business Officers of to be performed in the Supreme Court or in the chambers prescribed of any judge thereof, other than that performed by the by rules. judges, shall be distributed among the several officers attached to the said court, in such manner as is directed by rules of court; and such officers shall perform such duties in relation to such business as is directed by rules of court and subject to such rules of court, all such officers respectively shall continue to perform the same duties, as nearly as may be, and in the same manner, as before this Chapter came into force. R. S., c. 104, s. 39, certain officials 52. Subject to rules of court the judges of the county official referees, courts, masters in chancery, prothonotaries, and clerks of to be. the Crown shall be official referees for the trial of such questions as are directed to be tried by such officers, and the Governor-in-Council may, if necessary, appoint additional official referees. R. S., c. 104, s. 40. Act remedial 53. Every provision of this Chapter and of the Rules Provisions of of the Supreme Court shall be deemed remedial, and shall and to receive 32 liberal construction. CHAP. 156. receive such fair, large, and liberal construction and interpretation as will best ensure the attainment of the objects of the said Chapter and Rules according to their true intent, meaning and spirit. R. S., c. 104, s. 46 (part). CHAPTER 156. OF THE COUNTY COURTS. SHORT TITLE. This Chapter may be cited as "The County Court 1889, c. 9, s. 72. INTERPRETATION. Interpretation. 2. In this Chapter unless the context otherwise requires, "Court." "Clerk." "Action" or "Cause." Division into districts. (a) The expression "Court," means the County Court (b) The expression, "The Clerk," means a clerk of COUNTY COURT DISTRICTS. cause," includes 3. For the purposes of this Chapter this province shall be divided into seven County Court districts, composed as follows: District Number One:--Of the county of Halifax. District Number Three :-Of the counties of Annapolis, District Number Four: Of the counties of Kings, District Number Five:-Of the counties of Pictou and Cumberland. District Number Six:-Of the counties of Inverness, Antigonish, and Guysboro; and counties of Cape 1889, c. 9, s. 2. continuance of 4. There shall continue to be in every County Court Constitution and district in this Province a court of law and of record, to be courts. called the County Court of District Number 1889, c. 9, s. 1. SEALS AND RECORDS. by government, 5. (1.) The Governor-in-Council shall provide a seal Seals furnished for every office of the County Court, and the Municipal record books by municipalities. Council of each municipality in or nearest to which the office is situated shall, at the cost of the municipality, provide all blank books necessary for the records of such office, to be approved of by the judge, and which shall belong to the Crown for the purposes of the court. (2.) The seals now in use shall continue to be used until the same are altered under the authority of this Chapter. 1889, c. 9, s. 13. JUDGES. of, qualification, office. 6. There shall continue to be one judge for the court Judges, number of each district, who shall be a barrister of the Supreme and tenure of Court of the province of not less than seven years' standing, and shall hold office during good behaviour. 1889, c. 9, s. 5 (part). trict. ช. The judge for each district shall reside in such Resident in disdistrict. 1889, c. 9, s. 5 (part). 8. No judge shall practise or conduct any business in Not to practice. the profession or practice of the law while he is such judge. 1889, c. 9, s. 7. 9. No judge shall enter upon the duties of his office Oath of office. until he takes before some person appointed by the Governor-in-Council to administer oaths, the following oath : “I, — do swear that I will truly and faithfully, tice of the peace. 10. The judge of each court shall be ex officio a Ex-officio jusjustice of the peace in and for the district in which he is judge, but shall not issue any civil process in such capacity. 1889, c. 9, s. 9. Halifax Number 11. The Judge of the County Court for District Style of judge in Number One shall be designated Judge of the Metropolitan one. County of Halifax. 1873, c. 24, s. 1. another judge 12. Whenever, by reason of illness, disability, absence Disqualification by leave, or other cause, any judge is unable to act, such may act in case judge may request the judge of any other County Court of. to act in his place, and the judge so requested shall have |