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6 Edw. VII., c. 37.

Word

"Equity" to

The admeasurement of dower:

Lunacy, and the care and sale of estates of lunatics;

Estates of habitual drunkards.

Every writ of summons or other document by which any of be indorsed on the above causes or matters may be commenced shall be

writ.

Assignment of cause or mat

Equity by direction of a Judge.

Transfer to

marked by the party issuing or taking out the same with the word "Equity," and every such cause or matter shall be thereby assigned to such Judge.

(2) If any plaintiff or petitioner shall at any time fail to ter to Judge in assign his cause or matter, which ought to be assigned according to the preceding sub-section to said Judge in Equity, any Judge may, on a summary application at any stage of the cause or matter, direct the same to be assigned or transferred to said Judge in Equity; or if any plaintiff or petitioner shall at any time assign a cause or matter to said Judge in Equity which should not be assigned to him, the Judge in Equity may, on a summary application at any stage of the cause or matter, direct the same to be transferred to the trial division of the Court, or he may, if he think it expedient so to do, retain the same before himself; and all steps and proceedings whatsoever taken by the plaintiff or petitioner, or by any other party in any such cause or matter, and all orders made therein by the Court or a Judge before any such transfer, shall be valid and effectual to all intents and purposes in the same manner as if the same had been taken and made in the trial division of the Court, or before the Judge in Equity, to which such cause or matter ought to have been assigned, as the case may be.

trial division of business assigned to Judge in Equity.

Absence, etc., of Judge in Equity.

Sittings of
Judge in
Equity.

(3) In case the Judge appointed to attend to the business in sub-section (1) of this section mentioned shall be absent from the Province, or through sickness, interest, or for other good reason be unable to attend to the same, all such business may be carried on and determined by one of the other Judges of the Court of Appeal to be designated by the Chief Justice.

(4) Stated sittings for the purposes in sub-section (1) of this section mentioned shall be held by the said Judge in Equity, or by the Judge acting in his stead under the preceding subsection, at Fredericton, on the first Tuesday in every month in each year, excepting February, April, June, July, August,

c. 37.

tings of Judge

September and November; and at the City of Saint John on 6 Edw. VII., the third Tuesday in every month, except February, April, July, September and November; at Dorchester, in the County of Westmorland, on the last Tuesday in May and second Tuesday in December; at Newcastle, in the County of Northumberland, on the fourth Tuesday in February and at Andover, in the County of Victoria, on the first Tuesday in November in each year, for the purpose of hearing all motions, petitions, matters and causes as in sub-section (1) of this section mentioned. Like sittings may be held in any of the other counties Special sitin the Province as the said Judge may appoint. A notice of such in Equity. appointment shall be published by the Registrar of the Court in the Royal Gazette once, not less than fourteen days before the holding of any such sittings, at which any business that would be heard at the ordinary sittings may be heard and disposed of. At all of the sittings in this sub-section mentioned the Registrar of the Court, or a deputy, shall attend. Attendance by The Registrar shall have power to open and adjourn any of Deputy. the sittings of the said Court at Fredericton, unless some Adjournment cause shall have been entered for hearing thereat. When the ton sittings. Registrar shall open any sittings of the said Court, if it should appear to him that there is any business requiring the presence of the Judge, he shall thereupon adjourn the sittings to the next or some future day, and notify the Judge of such adjourn ment, so that he may attend at the opening of the said adjourned sittings.

Registrar or

of Frederic

ers vested in

(5) The Registrar of the Court may transact all such busi- Certain powness, and exercise all such jurisdiction in respect of the follow- Registrar. ing proceedings and matters as may be transacted or exercised by the Court, or any Judge, that is to say:

(a) Granting leave for service out of the jurisdiction of a
writ, or notice of a writ of summons; perfecting
service of writs of summons; and ordering substi-
tuted or other service, or the substitution of notice
for service;

(b) All matters relating to infants, excepting their cus-
tody;

(c) Judgment by default and proceedings thereon in suits
for partition, foreclosure, or foreclosure and sale, or
redemption, or by consent of parties;

(d) All matters in lunacy.

6 Edw, VII.,

c. 37.

Powers of

be exercised

the Province.

Sittings at
Saint John.

Reference by
Registrar to
Judge.

The said Registrar may exercise such jurisdiction and transact such business in any part of the Province, and shall hold Registrar may sittings at the City of Saint John for the transaction of such in any part of business on the last Tuesday of the months of February, April, June, September and November in each year. In case any matter shall appear to the said Registrar to be proper for the decision of the Court or a Judge, the Registrar may refer the same to the said Court or Judge, who may either dispose of the matter or refer the same back to the Registrar with such directions as they or he may think fit. Every order or decision made or given by the said Registrar shall be as valid and binding on all parties concerned as if the same had been made or given by the Court or a Judge thereof. Any person Appeal from affected by any order or decision of the Registrar may appeal therefrom to the Court or a Judge having jurisdiction over the matter. Such appeal shall be by motion, or notice, setting forth the grounds of objection, and served within six days after the decision complained of, and two clear days before the day fixed for hearing the same, or served within such other time as may be allowed by any Judge or the Registrar The Registrar shall have power to administer oaths and perform such other duties in respect of any proceedings as are assigned to him under this Act or by Rules of Court.

Registrar.

County sittings of Trial Courts.

Special sittings of Trial Courts.

SITTINGS OF COURTS OF TRIAL DIVISION.

9.—(1) At least twice a year in each county of the Province a sitting of the Court shall be held before one of the Judges of the Trial Division for the trial of all causes, both civil and criminal, and for the disposition of all business such as has heretofore been tried, disposed of and transacted by the Circuit Courts. It shall not be necessary to issue any commission for the holding of any such Courts, and all statutes and rules of procedure in any way relating to the said Circuit Courts shall be applicable to the Court herein directed to be held, unless provision be made to the contrary in this Act, or in the Rules of Court annexed hereto, or unless they are inconsistent with the same.

(2) Like sittings for the trial of civil causes and issues may be held in any county of the Province, as any Judge of the Trial Division, by order under his hand to the District Clerk of the County in which said sittings are to be held shall appoint, and all officers shall attend thereat as such Judge shall

c. 37.

in such order direct. The Judge may in said order direct a 6 Edw. VII., Jury to be summoned, and the same shall be summoned by the Sheriff in the same manner as in the case of other sittings.

Trial Courts

(3) The sittings of the said Trial Courts shall be held in Sittings of each and every year in the several counties at the following for respective periods, that is to say :

counties.

In and for the County of York in January, on the first York. Tuesday, or if that day should be New Year's day then on the first Wednesday, and in June on the fourth Tuesday.

In and for the City and County of Saint John in January, Saint John. on the second Tuesday, and in March on the fourth Tuesday; in June on the fourth Tuesday; in September on the first Tuesday, and in November on the fourth Tuesday.

In and for the County of King's, on the second Tuesday in King's. January, and the fourth Tuesday in September.

In and for the County of Albert, on the first Tuesday in Albert. April and the first Tuesday in June.

In and for the County of Westmorland, on the fourth Tues- Westmorland. day in February, the first Tuesday in May and the first

Tuesday in November.

In and for the County of Kent, on the third Tuesday in Kent. March and the first Tuesday in October.

In and for the County of Carleton, on the fourth Tuesday Carleton. in April and the third Tuesday in October.

In and for the County of Madawaska, on the second Tues- Madawaska. day in March and the second Tuesday in October.

In and for the County of Victoria, on the first Tuesday in Victoria. March and the fourth Tuesday in September.

In and for the County of Charlotte, on the second Tuesday Charlotte. in May and the fourth Tuesday in October.

In and for the County of Queen's, on the third Tuesday in Queen's. May and the first Tuesday in October.

In and for the County of Restigouche, on the fourth Tues- Restigouche. day in March and the last Tuesday in August.

6 Edw. VII., c. 37.

Gloucester.

Northumberland.

Sunbury.

Judges.

In and for the County of Gloucester, on the first Tuesday in March and the fourth Tuesday in August.

In and for the County of Northumberland, on the fourth Tuesday in May and the first Tuesday in December.

In and for the County of Sunbury, on the fourth Tuesday in April and the third Tuesday in October.

Assignment of (4) The Chief Justice shall, on or about the beginning of each year, assign to each Judge of the Trial Division the sittings over which he shall preside during the year, and he may also, whenever it may seem good to him by reason of the pressure of business, or any other good cause, assign one or more of the Judges of the Court of Appeal to perform the duties of a Judge of the Trial Division.

Hours of sittings of Trial Courts.

Special Trial
Courts.

Commencement of sit

Courts.

(5) The daily sittings of said Trial Courts, when engaged in the trial of civil causes, shall commence at a time not earlier than ten of the clock in the forenoon, and shall not be continued later than six of the clock in the afternoon, and a recess of at least one hour shall be taken, beginning at one of the clock in the afternoon; provided that the presiding Judge may, with the consent of the counsel on both sides, continue the hearing of any cause until any later hour in the afternoon, and that the Court may assemble at any hour to receive the verdict of a jury.

(6) Special Trial Courts may be held when necessary in any county, with the same powers, privileges, incidents, and duties in all respects as to crimes and offences as hereinbefore in this section provided, for which purpose a commission shall be issued by the Lieutenant-Governor under the Great Seal, as was heretofore the practice.

(7) The several sittings shall commence at the time pretings of Trial scribed therefor, and continue as long as may be necessary for the despatch of business. If it should happen from any unavoidable cause that the Court should not be opened on the day appointed therefor, the same may be done on the following day, unless it be a day of public rest, then on the next succeeding day; but all proceedings shall be as of the first day, and relate thereto. All parties, witnesses, jurors, and other ministers of the law, shall attend and be bound by the

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