c. 37. same penalties in all respects as if the Court had been opened 6 Edw. VII., at the proper time. (8) When it may be necessary to finish the business, the Adjournment. presiding Judge may adjourn any such sitting to a future day, and though, in case of a special Court, the time limited by the Commission expire. Jurors, etc., at Court. (9) All parties, ministers of the law, jurors and witnesses Attendance of summoned, shall, if required by the presiding Judge at the adjourned time of the adjournment, attend such adjourned Court; or new Juries may be drawn and summoned to attend, and be charged with the like pains and penalties for any misdemeanor or default at such adjourned Court as at the first Court, but no witness in a civil cause shall be liable to any proceeding for non-attendance, unless duly served with a subpoena to attend such adjourned Court, and his expenses be paid or tendered. No new cause shall be entered for trial at such adjourned Court. (10) At all sittings herein before mentioned separate lists Trial lists. shall be made for the jury and non-jury causes; and the jury causes shall be first disposed of, unless where the Judge shall see fit for some special reason to direct otherwise. Judges of peal to sit in (11) The Judges of the Court of Appeal may, in addition Power to to other duties as Judges of such Court, preside over Courts Court of Ap of Assize and Nisi Prius, Oyer and Terminer and General Trial Courts. Gaol Delivery, and hold sittings of the Trial Division for the trial of the several causes, matters and issues, and criminal matters or proceedings; and every such Judge, in the exercise of such duties, shall have the same rights, powers and privileges as a Judge of the Trial Division presiding at such Court or sitting. BARRISTERS, OFFICERS OF COURT, ETC. Counsel and 10. All of His Majesty's Counsel and Barristers of the Existing outer Bar of the Supreme Court shall be members of the Bar of the Court, retaining all existing rank, precedence, powers, rights, privileges and immunities. Attorneys-at 11. All Attorneys on the roll of the Supreme Court shall Existing be solicitors and officers of the Court, and shall retain the Law. same precedence, powers, rights, privileges and immunities and c. 37. 6 Edw. VII., be subject to the same summary procedure in cases of misconduct as heretofore. All Commissioners for taking affidavits to be read in the Supreme Court, and all other Commissioners of the Court, not herein otherwise mentioned, are hereby continued in office and shall have the like powers and jurisdiction respecting the Court hereby created as they heretofore have had. Prisons of Sheriffs, etc., to be officers of Court. Contempt of Construction of existing laws. 12. The common gaols of the respective counties shall be the prisons of the Court, except when in due course of law any offender shall be sentenced to a penitentiary. 13. All Sheriffs, Deputy Sheriff's and Constables shall be officers of the Court, and shall aid, assist and obey the Court in the exercise of its jurisdiction whenever required to do so. 14. Any contempt of the Court or of any of the Judges thereof shall be punishable in the like manner as the same has heretofore been punishable by the Supreme Court or a Judge thereof. 15. All existing laws, statutes or customs relating to the following matters, namely: The appointment of King's Counsel, the admission of Barristers and Attorneys, Commissioners for taking affidavits to be read in the Supreme Court, the Law Libraries at Fredericton and Saint John, the taking out of practicing certificates, the Clerk of the Pleas, the assistant and deputy, the Reporter of the Supreme Court, the Reporter of the Supreme Court in Equity, the Usher and Messenger of the Supreme Court, Stenographers, Law Stamps, the arrest, imprisonment and examination of debtors, absconding debtors, controverted elections, foreign judgments, witnesses and evidence, juries, the qualification of Judges of the Supreme Court, memorials and executions, Notaries Public, the winding-up of companies, and all existing laws or statutes either of the Parliament of Canada, or of the Legislative Assembly of this Province, by the provisions of which any duty, power, jurisdiction or authority is conferred upon or which in any manner relate to the Supreme Court, the Supreme Court in Equity, or any Judge thereof, shall be construed as if the same had been enacted with special reference to the Court hereby created or the Judges thereof, and as though the words "Supreme Court of Judicature" were inserted in lieu of the words "Supreme Court" or "Supreme Court in Equity," as the case may be, in any of the said Acts, laws or statutes. Where in any of the said Acts, laws or statutes reference is made to any act, duty, power, jurisdiction or authority in respect to Circuit Courts such Acts, laws or statutes shall be read and construed as if such reference had been in respect to the Trial Courts or sittings of Court of the Trial division mentioned in this Act. JURISDICTION OF THE COURT. 6 Edw. VII., c. 37. statute law to tered. 16. The Court shall administer the common and statute Common and law of this Province and of the Dominion of Canada, and be adminissuch of the statute law of the United Kingdom as is in force herein as it now is until the same shall be repealed, altered or amended by competent legislative authority. Appeal. 52; R. S. O. 54]. 17. In any cause or matter pending before the Court of Power of single Judge Appeal any direction incidental thereto, not involving the in Court of decision of the appeal may be given by a single Judge of the J. A. 1873, s. Court of Appeal, and a single Judge of the Court of Appeal 1897, c. 51, s. may at any time during vacation make an interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit; but every such order made by a single Judge may be confirmed, discharged or varied by the Court of Appeal. sittings in [Cf. R. S. O. 44]. 18. The Judges of the Court residing in Saint John shall, Chamber in rotation or otherwise, as they may agree among them- Saint John. selves, sit each day, except in vacation, in Chambers at the 1897, c. 51, s. City of Saint John, from the hour of eleven o'clock in the forenoon to one o'clock in the afternoon, and such other hours as may be necessary for the despatch of business, and there transact any such business as may be transacted by a single Judge out of Court, subject to the right of appeal as provided in this Act, and the Rules from time to time in force. jurisdiction in 19. The several jurisdictions vested in the Court shall not Exercise of be exercised except in the name of the Supreme Court of name of Court. Judicature, save as otherwise in this Act or Rules provided. exercise of 20. The jurisdiction of the Court shall be exercised (so Rules as to] far as regards procedure and practice) in the manner provided jurisdiction. by this Act, and the Rules herewith, or by Rules and Orders Ct, J. A. 1873, of Court, to be made pursuant to this Act; and where no 48]. special provision is contained in this Act, or in any such Rules s. 23; R. S. 0. 1897, c. 51, s. 6 Edw. VII., c. 37. Declaration as to validity of statute of Province. [R. S. O. 1897, c. 51, s. 57 (2) ]. Pending business. s. 22]. or Orders with reference thereto, it shall be exercised as nearly 21. The Court shall have jurisdiction to entertain an action at the instance of either the Attorney-General for the Dominion, or the Attorney-General of this Province, for a declaration as to the validity of any statute, or any provision in any statute of this legislature, though no further relief should be prayed or sought; and the action shall be deemed sufficiently constituted if the two officers aforesaid are parties thereto. A judgment in the action shall be appealable like other judgments of the said Court. 22.—(1) In all actions, causes, matters and proceedings [Cf. J. A. 1873, whatsoever, which shall have been heard, and in which judgment shall not have been given, or, having been given, shall not have been signed, drawn up, passed, entered, or otherwise perfected, at the time appointed for the commencement of this Act, such judgment, decree, rule or order may be given or made, signed, drawn up, passed, entered or perfected respectively, after the commencement of this Act, and by the Judges and officers to be appointed or continued hereunder, and generally in the same manner in all respects as if this Act had not passed; and the same shall take effect, to all intents and purposes, as if the same had been duly perfected before the commencement of this Act. (2) Every judgment, decree, rule or order of the Supreme Court, whether at law or in equity, which shall have been duly perfected at any time before the commencement of this Act, may be executed and enforced, and, if necessary, amended or discharged by the Court, in the same manner as if it had been a judgment, decree, rule or order of the Court made after the coming into force of this Act. (3) Save as in this section it is otherwise provided, all causes, actions and proceedings whatsoever, pending in the Supreme Court, or the Supreme Court in Equity, at the commencement of this Act, shall be continued and concluded in in and before the Court by this Act created, and the Judges and officers thereof, in accordance with the practice and procedure in force at the commencement of this Act, unless it is impracticable to carry on the same except under the provisions of this Act and Rules herewith, and the said c. 37. Court and the Judges and officers thereof shall have the 6 Edw. VII., same furisdiction and authority for so continuing, concluding and also for enforcing the same as if this Act had not been passed. Motions, applications and appeals in connection with such pending causes, actions and proceedings which would have been made to the Supreme Court en banc shall be made to the Court of Appeal, which shall have the same power and jurisdiction in respect thereof as the Supreme Court en banc would have had. RULES OF LAW. equity to be administered. relief to [J. A. 1873, s. 24 1897. c. 51, s. 57 23. In every civil cause or matter commenced in the Law and Court, law and equity shall be administered therein according concurrently to the rules following: (1) If any plaintiff or petitioner claims to be entitled to Equitable any equitable estate or right, or to relief upon any equitable plaintiff. ground against any deed, instrument, or contract, or against R. S. O. any right, title or claim whatsoever, asserted by any defend- (1)]. ant or respondent in such cause or matter, or to any relief founded on a legal right which heretofore could only have been given by a Court of Equity, the Court and every Judge thereof shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the Supreme Court in Equity in a suit or proceeding for the same or the like purposes properly instituted before the commencement of this Act. penalties, etc. 51, s. 57 (3)]. (2) Subject to appeal as in other cases, the Court shall have Relief against power to relieve against all penalties and forfeitures, and in [R. S. O. 1897, c. granting such relief to impose such terms as to costs, expenses, damages, compensation, and all other matters, as the Court thinks fit. defences. (2): R. S. O. (3) If any defendant claims to be entitled to any equitable Equitable estate or right, or to relief upon any equitable ground against [J. A. 1873. s. 24 any deed, instrument or contract, or against any right, title 1897, c. 51, s. 6]. or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any clain of the plaintiff or petitioner in such cause or matter, the Court and every Judge thereof shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect by way of defence against the claim of such plaintiff or petitioner as the Supreme Court in Equity ought to have given if the same or the like matters had been relied on by way of |