CHAP. 159. CHAPTER 159. OF MUNICIPAL COURTS. SHORT TITLE. 1. This Chapter may be cited as "The Municipal short title. Courts Act." INTERPRETATION. 2. In this Chapter, unless the context otherwise Interpretation. requires, (a) the expression "process," means and includes "Process.” writs of summons, capias, execution, and subpoena, issued out of the court: (b) the expression "court," means a municipal court "Court." (c) the expression "clerk," means a clerk of such "Clerk." court. COURTS. constituted in 3. There shall be in every incorporated town a court Municipal court of law and of record, to be called The Municipal Court the Town of .... 1895, c. 4, s. 197 (part.) 4. The municipal court shall be presided over by, (a) the stipendiary magistrate, or for each town. (b) the deputy stipendiary magistrate, in the event of the (c) the mayor of the town, or by a councillor of the THE CLERK. Persons to preside in, stipendiary, or deputy in his absence, councillor, &c., &c., or mayor or if no deputy. clerk of court, his absence, &c., 5. The town clerk shall be the clerk of the court, and Town clerk to be in case of his temporary absence from the town, illness, or and deputy in other inability to attend to his duties, the stipendiary appointed by magistrate may appoint a deputy clerk to act in his place, stipendiary. 1895, c. 4, s. 200. issue process, file papers, attend 6.—(1.) The clerk shall issue all process of the court, Clerk, duties of. and shall file grounds of defence and set-off, and other documents in an action, and shall have charge of the sittings, &c. records of the court. (2.) He shall attend at the sittings of the court, and perform the usual duties of the clerk of a court. 4, s. 203 (part.) 1895, c. CHAP. 159. Constables to serve and execute process within place for which ap pointed. may serve, &c., in county. CONSTABLES. .-(1.) Any constable, police constable, or peace officer, in any part of the province shall, within the place for which he is appointed as such, have power to serve and execute process, whether directed to him or not. Police constables (2.) The police constable, or other constables appointed outside of town, by the council of the town in which the court sits, shall have power to serve and execute process at any place within the limits of the county in which the town is situated. 1895, c. 4, ss. 203 (part), 245. Parties may have solicitors. Jurisdiction of court in contract SOLICITORS. 8. Parties may prosecute and defend in person or by solicitors of the Supreme Court. 1895, c. 4, s. 226. JURISDICTION. 9. (1.) A municipal court shall have jurisdiction in not exceeding all civil actions upon contract in which the amount sought balance agreed to be recovered does not exceed eighty dollars, whether it reduced by cash consists of, $80, including on, or amount payments. (a) an entire transaction or account; or (b) a balance upon accounts stated and settled between the parties before action; or (c) a balance not exceeding eighty dollars, the original amount having been reduced by payments of cash. (2.) It shall have jurisdiction in all actions brought less of amount. on behalf of the town for the recovery of rates and taxes, whatever the amount is. Actions by town for rates regard To issue process (3.) It shall have jurisdiction to issue process into, and into any county, have the same served in, any part of the province by any constable of the town or county in which the process is to be served there. To have powers, &c., of two jus to be served. (4.) It shall have, possess, and exercise all the powers tices or of stipen- and jurisdiction in civil matters conferred upon one or two justices of the peace, or upon stipendiary magistrates, by any law now in force in Nova Scotia. 1895, c. 4, s. 201. diary. Process directed to any constable to be served, and PROCESS. 10. Process may be directed to any constable of the of place in which town or county in which the same is to be served, and to to be signed and all constables of a town or county generally, and shall be signed by the clerk or his deputy, and sealed with the seal of the court. 1895, c. 4, s. 203 (part.) sealed by clerk or deputy. Action com. menced by writ of summons or capias, return day of. 11. Every action shall be commenced by writ of 'summons, (form A), or writ of capias, (form B), and such writs may be made returnable on any day other than a Plaintiff to file Sunday or a holiday. 1895, c. 4, s. 203 (part), 207 (part.) particulars of his cause of 12. (1.) When a person applies to have a writ of action, one copy summons or capias issued, he shall file with the clerk a statement in writing, containing the particulars of his to be attached to writ. cause of action, with as many copies thereof as there are CHAP. 159. defendants. (2.) One of such copies shall be attached to every copy of the writ to be served. indorsed on, to set off forty-eight turn day. 13. There shall be indorsed on each copy of the writ Notice to be of summons or writ of capias a notice (form C), to be file defence and signed by the clerk, stating that if the defendant does not hours before reappear and file his grounds of defence and the particulars of his set off, if any, with the clerk, at least forty-eight hours before the time mentioned in the writ for the trial, the plaintiff shall be entitled to judgment for the amount claimed in the statement of particulars with costs. c. 4, ss. 206, 207 (part.) CONCURRENT WRITS. 1895, for defendants 14. Where there are two or more defendants residing Concurrent writs in two or more different counties, concurrent writs of residing in difsummons or capias may be issued. 1895, c. 4, s. 208. WHERE DEFENDANT RESIDES OUT OF THE COUNTY. ferent counties. ing out of county to defray his ex 15. (1.) Where the defendant does not reside within Defendant residthe county in which the writ of summons is issued, the deposit to be plaintiff shall, before such writ is issued, deposit with the made with clerk clerk a sum equal to ten cents per mile of the distance penses. between the residence of the defendant and the place of trial. (2.) The amount of such deposit shall be indorsed on To be indorsed the writ of summons and copy, and if the same is not actually paid and so indorsed, such writ and service shall be void. on writ, &c. until after ap event of appeal (3) Such deposit shall be retained until after the To be retained expiration of the time limited for appealing from the peal, and in judgment, and in the event of an appeal such deposit shall to be sent to not be paid over, but shall be sent to the clerk of the county court. county court, with the papers in the cause. plaintiff if suc (4.) Such deposit shall be paid, in the case of appeal by To be repaid to the clerk of the county court, and in case of no appeal cessful, or paid by the clerk of the municipal court, (a) to the plaintiff, if final judgment is given in (b) to the defendant, for his personal expenses in ARREST AND BAIL. to defendant if successful. arrest by capias, 16. (1.) Where any person before, at, or after the Affidavit for commencement of an action, makes an affidavit (form D), requirements of. stating, (a) that another person is indebted to him in an CHAP. 159. Grounds of belief reed not be stated. May be made by agent. Constable to arrest and con vey to jail, unless bond given &c. To make his return Defendant to be brought before filed, &c. amount not exceeding eighty dollars, specifying the amount of the debt; and (b) that such debtor is then within the county in which the town is situated; and (c) that the deponent has probable cause for believing, and does believe, that the debtor is about to leave the said county, and that he believes the debt will be lost unless the defendant is forthwith arrested, the creditor shall be entitled to have a writ or writs of capias issued out of the municipal court for the arrest of such person. (2.) In such affidavit the grounds of deponent's belief need not be stated. (3.) Such affidavit may be made by any person on behalf of the plaintiff. 1895,. c. 4, s. 230: 17. (1.) The constable to whom such writ of capias is delivered to be served shall forthwith arrest the defendant, and shall convey him to the county jail or lock-up in the town, and he shall there be detained in custody unless, and until, he gives a bond (form E) to the plaintiff, with sufficient sureties, conditioned for the appearance of the defendant in the municipal court at the time mentioned in such writ of capias, or the payment of the amount of any judgment which may be finally recovered by the plaintiff in such action, or deposits the sum claimed in the plaintiff's particulars attached to such capias, together with five dollars for costs. (2.) The constable shall forthwith, upon the execution thereof, or, when the same is not executed, upon the return day thereof, make return of the capias to the clerk, with his doings thereon. (3.) On the day appointed for the trial of the action, court if defence when the defendant has filed his grounds of defence and particulars of set-off within the time prescribed, the defendant shall, if he demands it, be brought before the municipal court by the jailer, or by a constable or officer of the court, in order that he may be present at the trial, and the defendant shall be and remain in custody during the trial. Fees of for bringing up, &c. for escape. 18. The constable, jailer, or officer conveying the Sheriff not liable prisoner to and from the court, shall be entitled therefor to the fees set out in the Chapter "Of Costs and Fees,” and the sheriff shall not be liable for an escape of the party while out of his actual custody under the provisions of this section. 1895, c. 4, s. 231. Defendant may negative by affidavits and ob 19. Any person arrested under a writ of capias may tain discharge if negative by affidavit, or oath before the stipendiary uncontradicted. magistrate, the fact of his being about to leave the county, CHAP. 159. and upon such affidavit or oath, if uncontradicted, the stipendiary magistrate may order his discharge from custody, or order the bail bond or deposit to be delivered up, and the costs of such application, if the stipendiary magistrate in his discretion allows the same, shall be costs in the cause, 1895, c. 4, s. 232. sureties as in 20. When a person has been arrested under a writ of Rendering by capias the subsequent proceedings, including rendering of Supreme Court, such person in discharge of his sureties, where not herein otherwise provided for, shall be similar to proceedings in the Supreme Court in like cases. 1895, c. 4, s. 233. 21. SERVICE. mons and capias is days before trial, if within county, days. If sum served capias Writs of summons and capias shall be served on Writs of sumthe defendant at least five days before the day of trial to be served five when served within the county in which the town situated, and writs of summons shall be served at least ten otherwise ten days before the day of trial when served outside of the mons already said county: Provided that when a writ of summons has may be served been served the requisite number of days before the trial a trial. writ of capias in the same cause may be served and executed at any time before the trial. 1895, c. 4, s. 203 (part). any time before side in different of two, &c., defendants cannot be found, pro 22. Where an action is brought against two or more If defendants redefendants, and they reside in two or more different counties or one counties, or one or more of such defendants cannot be found, one or more of such defendants may be served ceedings may go with process, and the action may be proceeded with on against one against such defendant or defendants as have been served, and judgment may be entered up against the defendant or defendants so served. 1895, c. 4, s. 209. served. by oath or affi 23. Service of a writ of summons or capias shall in Service proved every case be made to appear by the oath or affidavit of davit of officer. the constable or officer who served the writ. 1895, c. 4, s. 212 (part). is concealed ser with inmate at 24. (1.) Where a defendant cannot be conveniently When defendant met with by the constable, such summons may be served vice by leaving by the constable by leaving the same at the last or usual place of abode. place of abode of the defendant, with some inmate thereof, apparently not under sixteen years of age. (2.) Such service shall be deemed sufficient if the Proof of service, constable making the service makes affidavit that he how made. attempted to effect service on the defendant, and that he was unable to effect personal service. 1895, c. 4, s. 219. default for par the ticulars on proof 25. When the defendant fails to file his grounds of Judgment by defence and set-off within the time mentioned in notice, and it is made to appear to the court by of service in the time. |