4 Acts done hereunder good and 6 Nothing herein to affect Commis valid.

5 Informality in title, &c. may be waived by Judge.

sions issued out of the Court for examination of witnesses.

7 Signature or seal of officer need not be proved.

1. The Lieutenant Governor in Council, by one or more Commission or Commissions under his hand and seal, from time to time, shall and may empower such and so many persons as he may think fit and necessary, to administer oaths and take and receive affidavits, declarations and affirmations in the United Kingdom of Great Britain and Ireland, or in any Colony or dependency thereof, or in any Foreign State or Country, or in any Province of the Dominion of Canada, in or concerning any cause, matter or thing depending in or in any wise concerning any proceeding had or to be had in Her Majesty's Supreme Court of Judicature on the Law or Equity side thereof, or in any County Court, or in any Probate Court, or in any Court of Record in this Province whether now existing or hereafter to be constituted.

2. The Commissioners so to be appointed shall be styled Commissioners for taking affidavits in and for the Courts in the Province of New Brunswick.

3. In addition to the Commissioners mentioned in Section one of this Chapter, the several officials and persons authorized in and by Section six of Chapter 74, of 'Registry of Deeds and other instruments,' to take the proof or acknowlegment of the execution of any conveyance out of the Province, are hereby authorized and empowered to take and administer oaths and receive affidavits, declarations and affirmations in or concerning any cause, matter or thing depending in or concerning any proceeding had or to be had in any of the Courts mentioned in Section one of this Chapter, in the several places where they are authorized to take such proof or acknowledgment; provided that when any person shall take or receive any oath, affidavit, declaration or affirmation under the authority of this Section, his act shall be certified or authenticated in the same manner and with the same formality in all respects as though such act were the taking by him of the proof or acknowledgment of a conveyance.

4. All oaths, affirmations, affidavits or declarations administered, sworn, affirmed, made, taken or received under the

authority of this Chapter, shall be as good, valid and effec'tual, and shall be of like force and effect to all intents and purposes as if the same had been administered, sworn, affirmed, made, taken or received within this Province, and by or before a person or official competent and duly authorized for such purpose within the Province.

5. No informality in the entitling or heading, or other formal requisities of any affidavit, declaration or affirmation made, taken or sworn to out of the Province under the authority of this Chapter, shall be any objection to its reception in evidence, if the Court or Judge before whom it is tendered think proper to receive it.

6. Nothing herein shall be construed as affecting proceedings under Commissions issued out of any Court for the examination of witnesses out of the Province, or as in any way altering the practice thereunder.

7. Any affidavit, oath, declaration or affirmation made, administered, sworn or affirmed under the provisions of this Chapter, may be used or admitted in evidence without proof of any signature or seal and signature attached thereto, being the signature or seal and signature of the person whose sig. nature or seal and signature the same purports to be, or of the official character of such person.

Joinder of causes of Action. What causes of action may be joined; exceptions.

In cause of action accruing to wife, husband may add claims of his own; proviso as to abatement on death of either plaintiff. Language and form of Pleadings in general.

22 Time concurrent writs shall be in 42 What statements shall be omitted

48

Misnomer, mis-joinder and nonjoinder of parties.

95 In personal actions,plea in abatement for misnomer not allowed; exceptions.

69 What plaintiff' may reply to plea 96 of payment into Court.

70 Plea good in substance on breach

of contracts and wrongs; when 97
form not to affect.

99

71 Pleas of payment and set off, &c.
when construed distinctively; 98
how verdict taken thereon.
72 When defendant may traverse
either generally or separately.
73 How plaintiff may traverse whole
of plea or subsequent pleading.
74 Defendant may deny whole or
part of replication, &c.

100

102

75 Joinder of issue and effect thereof 101
76 When and how parties may plead
and demur to saine pleading.
77 When and how plaintiff may plead
in answer to several matters.
78 Rule of Court to pay in money, or
plead several matters; not neces-
sary.
[gether. 103
79 Pleas which may be pleaded to-
80 New assignment, to what pleaded
what it shall state.

81 What shall not be pleaded to new
assignment; exceptions.

82 In amendment of pleading, no new notice to plead necessary. 83 Rules of pleading.

Equitable Defences.

84 Plea for relief on equitable
grounds, what to state.

85 Reply to plea for relief.
86 If plea cannot be dealt with by
Court, Judge may strike out.

87 When sections 84, 85 and 86 shall
come in force.
Dilatory Pleas.

88 Pleading framed to delay trial,
what Judge may order.

When Court, &c. may order person to be joined as plaintiff in cause, or struck out.

When mis joinder or non-joinder may be amended on trial or as sessment of damages.

When amendment made, liability
of person added.
When and on what terms plaintiff
may amend writ. &c. without
order and proceed with action.
Court or Judge may, in case
joinder of too many defendants,
order names to be struck out.
In action of contract, when non-
joinder co-defendant pleaded,
how plaintiff may amend.
In action against joint obligor
and non joinder suit not to abate
or plaintiff to amend,unless party
omitted reside within Province.
When defendants shall be enti-
tled as against plaintiff to costs
after plea in abatement and
amendment; when plaintiff shall
be entitled to judgment and
costs, &c. in like case.
Trials, Judgments, and Writs of
Inquiry.

104 Trial by proviso, on what record.
105 Rule for assessment of damages
or judgment unnecessary.
106 Judgment by default, when final.
107 When writ of inquiry may be
made returnable; how and when
judgment signed thereon.

108

If signing judgment is postponed and afterwards signed, of what date judgment to be enter. ed of record.

All judgments to be entered of record on day when signed. Entry of continuances not to be made in pleadings or on record. Amount recoverable by plaintiff, how awarded.

109

How and when judgments on postea may be signed.

113

114

When Court may order judgment vacated and execution stayed. Clerk of the Pleas to make docket of judginents; how and when judgment not to bind real estate unless docketed.

115

In what actions damages may be assessed by the Court or Judge without Jury; proviso.

124 When executions to be tested.
1:25 During lives of parties,execution 148
may be issued within 15 years.
126 Executions may issue on judg-
ment heretofore signed on sum-
mary side.

149

Offer to suffer Judgment by default.
127 When and in what actions offer 150
to suffer judgment may be made.
128 When defendant may have
judgment for costs.

129 Where causes of action joined,
defendant may offer to suffer
judgment as to one or more.
130 If offer not accepted, when de-
fendant or plaintiff shall be al-
lowed costs.

131 Offer not accepted, to be no evi

dence against party making it. Effect of death or marriage upon

the proceedings in action. 132 Death not to abate action. 133 Effect of death of one or more plaintiffs or defendants.

134 In case of death of sole plaintiff, representative may continue ac

tion.

135 In case of death of sole defendant, proceedings may be continued against executors, &c. 136 What proceedings may be had in case of non-appearance of executor, &c., after notice.

151

152

153

Leave, by whom and how
granted.

When applicant entitled to exe-
cution, what order made; when
Court may discharge rule; pro-
viso.

Writ of revivor, to whom direct-
ed; teste, and how proceeded
with.

Venue, where laid.
When judgment is less than ten
years old, no rule necessary; over
ten years, rule or order required.
Proceedings against executors,
how taken on judgment of assets
in futuro.

Scire Facias.
154 Writ to whom directed, and how

served.

155 What proceedings abolished.
156 Provisions as to return.
157 When defendant in Province, or
has a known place of abode there
in, writ how served.

158

159

When defendant out of Province, and has no place of abode therein, writ how served.

Good service of writ, effect of. 160 Proceedings necessary when service cannot be effected as above.

Amendments.

137 When suggestion of death shall 161 Amendments, when allowed. form part of declaration. 138 What new defendant shall plead if no plea given before death. 139 If pleadings have not arrived at issue,new defendant to continue; plaintiff shall recover costs. 140 Death between verdict and judg

ment not be alleged for error if

162 On trial, Court or Judge to allow.
163 In cases of variance instead of
amending, power of Court or
Judge to direct finding of facts.
Initials.
164 Abbreviations of names, when
allowed.