The Acts of the General Assembly of Prince Edward IslandQueen's Printer, 1873 |
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Common terms and phrases
abatement absent or absconding Act annexed action affidavit aforesaid agent alleged amend amount appear application appointed arbitrator assistant clerk attorney bail bond by-laws cause ceedings cents Charlottetown chattels claim claimant commenced concurrent writ corporation costs County Court Court of Equity Court or Judge death debt debtor deceased declaration deemed default duties ejectment enacted endorsed entitled error execution executor or administrator fees fendant hereby hundred dollars intestate issue judgment judgment debtor King's County lands lawful Lieutenant Governor manner ment notice oath otherwise paid party payment penalty person or persons plaintiff plaintiff in error plea plea in abatement pleading possession Prince County Prince Edward Island proceed proceedings Prothonotary Queen's County Railway real estate recited Act recovered rule or order seal Sheriff sitting or term suit Summerside Supreme Court Surrogate Court tain tenant therein thereof thereupon tion trial Victoria witness writ of summons
Popular passages
Page 237 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 127 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Page 237 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact, make it ; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not ho has made such statement.
Page 232 - ... parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator...
Page 191 - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page 285 - That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say), the word "will...
Page 149 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Page 238 - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 128 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 226 - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...