any The senior

judge to be

Judge," etc.

7. In case more than one judge is appointed for District Court, then, unless otherwise expressed in the com-styled The mission, the judge whose commission has priority of date District judge shall be styled "The Judge of the District Court of" (as the case may be), and the other judge of the same court shall be styled "The junior judge' thereof.

8. An acting or deputy judge may be appointed for any Deputy judge District Court, who shall hold office during pleasure, and such appointment may be made notwithstanding that the office of judge is vacant by death or resignation or that the judge is ill or absent, and such acting or deputy judge shall have authority to perform in the place of the judge in the district for which he is deputy all the duties of and incident to the judge of the District Court.

(2) No deputy judge shall be disabled from practising the profession of law while holding his appointment.

District judge

9. A District Court judge or junior judge may be appointed may act for the judge or junior judge for one or more District Courts.

more than one district

re holding court in his own

10. It shall be the duty of a district judge to hold any of Duties of judges the courts in any district other than his own, or to perform elsewhere than any other duty of a District Court judge in any district upon district being requested so to do by an order of the Attorney General, and without any such order the judge in any district may, if he sees fit, perform any judicial duties in any district other than his own on being requested so to do by the judge to whom the duty for any reason belongs; and while so acting in compliance with such direction or request he shall possess all the powers and authorities of the District Court judge of such other district.

district judge

11. Every District Court judge shall reside within the dis- Residence of trict of which his commission designates him as judge.

practise law

12. No judge shall during the continuance of his appoint- Must not ment directly or indirectly practise in the profession of law, or do any manner of conveyancing.

or deputy judge

13. No District Court judge or deputy judge shall enter Oath of judge upon the duties of his office until he has taken the following oath before some person appointed by the Lieutenant Governor to administer the same, that is to say:

"I. do swear that I will (in the case of a deputy judge add the words, as occasion may require) truly and faithfully according to my skill and knowledge, execute the several duties, powers and trusts of judge of the District Court of the district of without fear, favour or

malice. So help me God."

To be a J.P.

Judges of

Supreme Courts

to act as

District Court judges

District Court clerks

Duties of

14. Every District Court judge, not including a deputy judge shall be ex officio a justice of the peace.

15. Any or all of the judges of the Supreme Court of the province shall upon the request of the Lieutenant Governor in Council, perform the duties by this or any other Act or law devolving upon the judges of District Courts for any or all of the districts in the province, and when so acting such judge or judges shall have, use, exercise and enjoy all the powers, authority and functions by this or any other Act or law conferred or devolving upon such District Court judge or judges.

CLERKS.

16. The Lieutenant Governor in Council may from time to time appoint a clerk to every District Court, but until such appointment is made the clerk or acting clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under any law or regulation made thereunder would be exercisable by the clerks of the District Courts respectively.

17. The clerks of the District Courts or, until such officials are appointed the clerks or acting clerks of the Supreme Court shall perform all the duties with relation to the said District Courts as the clerks of the Supreme Court are required to perform in relation to the Supreme Court under any statute, act, ordinance or rule relating thereto so far as such statute, act, ordinance or rule is applicable to the said District Court; and until otherwise provided the regulations in force governing the conduct of the offices, and returns required from the clerks of the Supreme Court under any such statute, act, ordinance or regulation shall apply to the clerks of the said District Courts and to the clerks of the Supreme Court while acting hereunder as clerks of such District Courts.

Sheriffs

SHERIFFS.

18. The sheriffs in the judicial districts shall respectively perform all duties, and subject to the rules of court, both within the territorial limits for which they are appointed as well as without such limit, shall serve and execute all writs, summonses and orders, and all the sentences, decrees, judgments, rules, warrants, commands and processes of the said District Courts throughout the province and shall make such returns of the same together with the manner of the execution thereof, to the said courts as they are required by law to do with relation to similar writs, summonses, orders, sentences, decrees, judgments, rules, warrants, commands and processes of the Supreme Court under any law order or regulation now in force or which may hereafter be put in force.

OFFICES.

19. All writs, summonses, orders, decrees, judgments, rules, Offices warrants, and legal processes of every nature and kind which under any law, order or regulation may be issued out of or by the said District Courts shall until otherwise provided be issued out of the offices of the clerks and acting clerks of the Supreme Court and out of the offices of the sheriffs of the judicial districts according to the law, order or regulation governing the same.

SITTINGS OF COURTS.

courts

20. The judges of the District Courts and the judges of the Sittings of Supreme Court when acting as District Court judges shall hold" court at such times and places as shall be specified by the Lieutenant Governor in Council by order in that behalf.

sittings

21. In addition to the regular sittings of the District Additional Courts, the judge of every District Court may at such times as he appoints for the purpose hold additional sittings of such court for the trial of issues of fact to be tried by such court without a jury, and he shall hold such sittings as often as may be requisite for the due despatch of business.

of sittings

22. Where from illness or other casualty the judge who is Adjournment to hold the sittings of the District Court is unable to hold the' same at the time appointed therefor the sheriff or acting sheriff of the district or his deputy may adjourn by his proclamation the said court to any hour on the following day to be by him named and so from day to day until the judge is able to hold such court, or until he receives other directions from the judge or Attorney General.

(2) The sheriff shall forthwith notify any adjournment to the Attorney General.

JURISDICTION.

23. The District Courts shall have jurisdiction in all Jurisdiction causes, actions, matters, suits or proceedings whether of debt, covenant, contract or damage or involving the validity of any will or settlement or in relation to land or any legal or equitable interest therein, or in actions seeking equitable relief or for a declaratory judgment or to establish the right of a creditor to rank upon an insolvent estate, and, generally, in all matters which may be made the subject of a claim for relief, whether legal or equitable or to enforce any right whether legal or equitable, where the debt or damages, claim or demand does not exceed $100 or where the subject matter involved in any claim for relief or for the enforcement of any right or demand does not exceed $400.

All kinds of relief may be granted

Counterclaim bevond jurisdiction

Abandonment of excess by plaintiff

Jurisdiction of court where parties agree

Transfer of cases to

24. Every District Court shall, as regards all causes of action within its jurisdiction have power to grant and shall grant in any proceeding before such court such relief, redress or remedy, or combination of remedies either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counterclaim legal or equitable (subject to the provisions next hereinafter contained) in as full and ample a manner as might and ought to be done in a like case by the Supreme Court.

25. Where in a proceeding before a District Court any defence or counterclaim of the defendant involves matter beyond the jurisdiction of the court, such defence or counterclaim shall not affect the competence or the duty of the court to dispose of the whole matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the court has jurisdiction to administer shall be given to the defendant upon such counterclaim.

26. Where it appears at any time before or during the trial that the claim of the plaintiff is in excess of the jurisdiction of the court, the plaintiff may in his discretion before or during the trial by writing signed by him and filed, upon such terms as the judge deems proper as to costs and otherwise, abandon so much of his claim as is in excess of the jurisdiction of the court, and in such case the plaintiff shall forfeit such excess, and shall not be entitled to recover the same in any other action.

27. Notwithstanding anything in this Act contained the District Courts shall have jurisdiction to try any action when the plaintiff and defendant before the issue of the writ agree, by memorandum in writing, signed by them and filed upon the application for the writ, that the court named in such memorandum shall have power to try the action, but such agreement shall not prejudice or affect any right of appeal of any of the parties.

TRANSFER OF CASES TO THE SUPREME COURT.

28. Where it appears in an action or proceeding brought Supreme Court in a District Court that such court has not jurisdiction to try such action or proceeding, or that the question raised therein cannot be dealt with by the District Court so as to do complete justice between the parties, or may for any other reason be more conveniently dealt with in the Supreme Court, the judge of the District Court or a judge of the Supreme Comt may order the action or proceeding to be transferred to the Supreme Court; and the order of transference may be made by the court or judge sua sponte, or upon the application of either.

party on notice to the other parties interested, and may be made at any stage of the action or proceeding.

(2) When an order is made under the preceding subsection the action or proceeding shall thereafter proceed in the Supreme Court; and the judges of the Supreme Court and the officers thereof shall have the same powers and perform the same duties in relation thereto as if the action or proceeding had been originally instituted in the Supreme Court; but the pleadings and proceedings taken in the court from which such action or proceeding was transferred shall stand and have effect notwithstanding the transfer; and, subject to the rules of the court and to any order in that behalf made by the court or judge, the costs of the proceedings so taken previous to the transfer shall be paid and the solicitor's costs taxed according to the scale of costs in the said District Court.

(6) Where an order transferring a cause or matter in a District Court to the Supreme Court is made at the instance of any of the parties thereto, the judge making the order may in his discretion make and impose terms on the party applying for the order as to payment of costs, giving security for debt and costs, or such other terms as he sees fit.

29. When it is intended by a pleading to exclude the juris- Pleading to diction of the court upon any ground, it shall be so expressly jurisdiction stated in the pleading, and the matter relied on for that purpose shall also be set out in the pleading.

of issue raised

30. Issue may be taken on any such pleading or reply Determination may be made or a summary application may be made to the judge to determine the matter so raised, and the judge may upon such application order the case to be transferred to the Supreme Court or make such order as may be just.

TRANSFER OF CASES FROM THE SUPREME COURT.

Supreme Court

31. If any action be brought to the Supreme Court which is Transfer of within the competence of the District Court, or if any action, cases from though originally not within the competence of the District Court, is reduced by payment or admitted set-off or otherwise so as to bring it within the competence of the District Court, a judge of the Supreme Court, at any time and either upon application by either party to the action or sua sponte, may order such action to be tried in the District Court in which such action might have been commenced, or in any other District Court; and may make such order as to costs or otherwise as to him shall seem just; and such action and all proceedings therein shall be transferred accordingly and shall, subject to such order, proceed in the said District Court in all respects as though it had been originally commenced therein.