in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to be effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Chapter had not passed) to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal or other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor: provided always, that if the debtor, trustee or other person liable in respect of such debt or chose in action, shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may if he think fit pay the same into the Supreme Court upon obtaining a Judge's order therefor to abide the determination of the Supreme Court in respect thereof. (12) Stipulations in contracts as to time or otherwise, which would not, before this Chapter came into operation, have been deemed to be, or to have become, of the essence of such contracts in a court of equity, shall receive in the Supreme Court the same construction and effect as they would previously thereto have received in equity.

(13) In any cause or proceeding for damages arising out of a col

lision between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the Court of Admiralty, so far as they have been at variance with the rules in the Courts of Common Law, shall prevail.

(14) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the Court in all cases. in which it shall appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or upon such terms and conditions as the Court shall think just; and if an injunction is asked, either before or at or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted if the

Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any color of title; and whether the estates claimed by both or by either of the parties are legal or equitable.

(15) In all questions relating to the custody and education of infants, the rules of equity shall prevail.

(16) Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law, the rules of equity shall prevail.

APPEALS.

26. No order made by a Judge by the consent of parties, or as to costs only, shall be subject to any appeal, except by leave of the Judge making such order.

27. Every judgment finding or order of a Judge in Court or chambers may be reviewed, varied or set aside by the Court constituted by any two or by the three Judges, subject, in cases in which two only sitting shall differ in opinion, to re-hearing and determination before the three Judges. Appeals to the Privy Council provided by the Imperial Statute 5 Geo. IV., Cap. 67, and by the Royal Charter, shall be from the decision of the Court composed of three Judges and not from the decision of a single Judge.

28. It shall not be necessary, upon application for a new trial of a case tried by a Judge without a jury, that the same should be tried again, but the case may be finally disposed of as to damages as well as other matters, upon the evidence already taken, with or without further evidence or re-examination. Where a cause has been tried by a jury it may, with consent of parties, be finally disposed of in manner aforesaid.

29. A person found guilty of treason or capital felony, dissatisfied with the decision of the Court held by two Judges, upon motion in arrest of judgment, or in whose case there may be points reserved, may require the adjudication of the three Judges therein, and in criminal cases, other than treason and capital felony, either party may appeal to the three Judges by way of motion in arrest of judgment, or application for a new trial, or for error, or misdirection, or on points reserved and ir case of their differing in opinion the adjudication of any two of them. shall be final.

30. Except as provided by the next preceding section where two Judges sit together in the first place and join in any judgment or order, the decision shall be final and absolute, unless by their leave; but if they differ in opinion application may be made to the three Judges to review, vary or set aside such judgment or order.

SITTINGS.

31. The division of the legal year into terms shall be abolished, and there shall no longer be terms applicable to any siting or business of the Supreme Court. Subject to rules of Court, the Supreme Court and the Judges thereof shall have power to sit and act at any time in St. John's for the transaction of any part of the business of such Court or for the discharge of any duty which by any Act of the Legislature or otherwise it is required to discharge.

CIRCUITS.

32. There shall be circuits of the Supreme Court held at such times and places outside of St. John's, and under such conditions as the Governor by proclamation shall from time to time appoint. The circuits shall be presided over in rotation by one of the Judges, unless they shall otherwise

arrange.

33. All persons charged with crimes cognizable by the Supreme Court in St. John's, before one Judge, may be tried anywhere before the Supreme Court on circuit.

34. In criminal cases the Judge sitting in the Supreme Court on circuit may reserve questions for argument, or direct motions in arrest of judgment, to be heard before the Supreme Court in St. John's, where the decision shall be final and of the same effect as if the case had been originally instituted in St John's.

35. In criminal and civil causes and matters on circuit, witnesses shall be liable to be summoned from any part of the Colony.

36. In case any person shall be convicted before the Supreme Court on Circuit and sentenced to imprisonment with or without hard labor, the Judge by whom such sentence is passed may order the whole or any por tion of such imprisonment to be served in any gaol or prison in the Colony, and a certified copy of the sentence of the Court, or of any order for such imprisonment, under the hand of a Judge or the Clerk, shall be a sufficient warrant and authority to the sheriff, gaolers and constables, respectively, for the carrying into execution of such sentence of imprisonment or order as the case may be.

37. At any time after sentence a prisoner may, by order of the Judge of the Supreme Court, be removed from one gaol to another, when and as often during the currency of the sentence as may be deemed expedient for the ends of justice.

38. Any party in any civil cause or matter on circuit shall have the same rights as to appeal as if such cause or matter were heard in St. John's before one Judge: Provided that the presiding Judge may require sufficient security to abide the final judgment and costs, and may impose such other terms and conditions as may appear necessary.

39. In any action in the Supreme Court on Circuit, if a jury cannot be had for the trial of the cause, the presiding Judge shall have power to try the same without a jury: Provided that the judgment of such presiding Judge may be reviewed, varied or set aside by the Supreme Court in St. John's in the same manner in all respects as the verdict of a jury, subject to such conditions as the presiding Judge may think just.

PART II.

OFFICERS OF THE COURT.

Clerks, &c.

40. The Governor in Council may appoint Clerks of the Supreme Court, to consist of a Registrar, Deputy Registrar, and such other clerks as the business of the Court may require. The said clerks shall, by virtue of their office, have power to administer oaths, take affidavits, issue process and take bail. They shall, before entering upon their duties, take and subscribe the following oath :

I, A. B., of do hereby solemnly swear that I will according to the best of my skill, learning, ability and judgment, well and faithfully execute and fulfil the duties of the office (as the case may be) without favour or affection, prejudice or partiality, to any person or persons whomsoever. So help me GOD.

41. The Registrar shall be a barrister of at least ten years' standing, and shall hold office during good behaviour. He shall give such security as shall be approved of by the Judges of the Supreme Court for the faithful discharge of his duties and for the safe keeping of and accounting for all moneys paid into his hands by virtue of his office or by order of the Supreme Court or a Judge thereof. He shall not, whilst in the occupation of the said office, practise or act as a barrister or solicitor, or de

mand or receive any fees or compensation therefor. The office of the Registrar shall be known as the Registry.

42. The Registrar shall

(a) Receive, file and have custody of all pleadings, petitions, reports, affidavits, bonds, notices, judgments and other papers and proceedings in every action or suit, matter and proceeding in the Court, and shall make, or cause to be made, entries thereof in the proper books;

(b) Have the care and custody of all documents ordered to be deposited for safe keeping or produced under any order of the Court or a Judge;

(c) Enter in a cause list all motions for the Court, and all entries for trial, appeals, special cases, and other business coming before the Court;

(d) Certify proceedings, examine and authenticate office copies of pleadings and other proceedings;

(e) Sign all orders of the Court;

(f) Sign all judgments and enter the same;

(g) Keep the minutes of the proceedings in Court and in Chambers; (h) Seal and sign all grants of probates, letters of administration, letters of guardianship and exemplifications thereof, which have been ordered by the Court or a Judge;

(i) Collect by means of stamps the fees set out in Appendix N. to the Schedule hereto;

(j) Keep an account of all money paid into and out of Court; and generally shall possess and enjoy all the powers, rights and privileges appertaining to or exercised by, and perform the duties of, the Master, Registrar, Accountant-General and Prothonotary of the Supreme Court of Judicature in England, or such officers as now in such Court perform those duties, and of the Chief Clerk and Registrar heretofore in the Supreme Court of Newfoundland.

43. (1) The Consolidated Revenue Fund of the Colony shall be