6 Edw. II., Lieutenant-Governor in Council, and to be under the direction 37. Deputy The of the Registrar. Such salary shall be payable in monthly 50. The Lieutenant-Governor in Council is hereby authorized to appoint some fit and proper person, learned in the law, to act as Deputy Registrar, who shall be attached to the Judge in Equity when holding sittings or transacting business under section 8 (1) of this Act in the City of Saint John, and shall discharge all such duties as are similar or analogous to those heretofore discharged by the Deputy Clerk in Equity. The Deputy Registrar shall hold office during pleasure, and shall receive an annual salary of four hundred dollars, payable monthly by warrant of the Lieutenant-Governor. The present Deputy Clerk in Equity shall continue to perform the duties of Assistant Registrar until a new appointment shall be made. Reporter of Copyright in REPORTERS OF THE COURT. 51. The Lieutenant-Governor in Council is hereby authorized to appoint some suitable person, learned in the law, to be the Reporter of the opinions, decisions and judgments which may from time to time be given, made and pronounced by the Court of Appeal in, upon or respecting causes pending therein; and it shall be the duty of such Reporter, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of such opinions, decisions and judgments, and such Reporter shall publish not fewer than two hundred copies of the same in pamphlet form after each session of the said Court. The present Reporter of the Supreme Court is hereby continued in his office as Reporter under this section until a new appointment shall be made. 52. Section 2 of the Acts of Assembly, 6 William IV., Chapter 14, is unrepealed, which section is as follows: 66 The sole liberty of printing and reprinting and publishing such reports shall be, and the same is hereby vested in and secured to the author and compiler thereof, his heirs and assigns, and if any person shall print, reprint or publish any such reports without the consent of the author and compiler or proprietor thereof, he shall be liable to an action on the case at the suit of such proprietor, in which action such proprietor shall recover double the damages he may have sustained by any such infringement of the copyright hereby secured to him." 6 Edw. VII., c. 37. Reporter of Appeal. 53. In addition to any profits that may arise from the Salary of publication and sale of such reports, such Reporter shall Court of receive annually from the Provincial treasury a sum not exceeding twelve hundred dollars, to be paid by warrant of the Lieutenant-Governor, on the certificate of the Chief Justice of the said Court, that such Reporter has diligently performed the duties of this Act required of him for the year for which such allowance may be claimed. Equity 54. (1) The Lieutenant-Governor in Council is hereby Reporter of authorized to appoint some suitable person, learned in the decisions. law, to be the Reporter of the opinions, decisions and decrees which may from time to time be given and made by a Judge of the Court of Appeal while sitting in Equity, under the provisions of sub-section (1) of section 8 of this Act, in, upon or respecting causes and matters pending therein; and it shall be the duty of such Reporter, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of such opinions, decisions and decrees; and such. Reporter shall publish not fewer than two hundred copies of the same in pamphlet form every three months. The present Reporter of the Supreme Court in Equity is hereby continued in his office as Reporter under this section until a new appointment shall be made. Reporter of decisions. (2) In addition to any profits that may arise from the Salary of publication and sale of such reports, such Reporter shall Equity receive annually the sum of five hundred dollars from the Provincial treasury, payable in quarterly payments, to be paid by warrant of the Lieutenant-Governor on the certificate of the Judge sitting in causes and matters under said subsection (1) of section 8, that such Reporter has diligently performed the duties by this Act required of him for the quarter for which payment is claimed. USHER AND MESSENGER. 55. The Lieutenant-Governor in Council is hereby author- Usher and ized to appoint an Usher and Messenger of the Court of Court of Messenger of Appeal, etc. 6 Edw. VII., c. 37. Salary. Fees to Crier on entry of cause. Appointment Title and Fees. Appeal, Divorce Court, Equity Sittings, and Chambers, and he shall be allowed a sum not exceeding three hundred dollars per annum, which amount shall be paid in equal quarterly payments by warrant of the Lieutenant-Governor, and shall be in full for all appropriations and fees whatever formerly or hereafter payable to or receivable by him as such Usher and Messenger and as Crier in any or either of the said Courts. The present Usher and Messenger is continued in office until a new appointment shall be made. 56. The fees formerly payable by the Clerk of the Pleas to the Crier on every cause entered shall hereafter be paid and accounted for by the Registrar to the Receiver-General with the other fees of his office, as part of the public moneys of the Province. DISTRICT CLERKS OF THE COURT. 57-(1) The Lieutenant-Governor in Council is hereby authorized and empowered to appoint an efficient person in each county, whose duty it shall be to perform and exercise within the county for which he is appointed all the duties, powers and authority conferred upon him by this Act or the Rules of Court hereto or hereafter to be made, or which, before the twenty-third day of March, in the year of our Lord one thousand eight hundred and sixtyeight, devolved upon and were exercised by the Clerk of the Crown on the circuits, and the Clerk of the Circuit Courts within said county, under and by virtue of any law, usage or custom then existing in this Province; and for this purpose the powers, duties and authority before that time conferred and imposed by any law, usage or custom existing in this Province upon the said Clerk of the Crown on the circuits, and the Clerk of the Circuit Courts are hereby conferred and imposed upon such person so to be appointed, within the county for which he is appointed, as fully and to all intents and purposes, and with the like force and effect, as if the same were herein enacted with reference to each Clerk to be appointed. (2) The several persons to be appointed shall be called and known as "District Clerk of the Court for the County of ," as the case may be, and shall each be entitled to demand and receive for the several services rendered and performed by him the same fees as were at the c. 37. time aforesaid payable to the Clerk of the Crown on the 6 Edw. VII., circuits and Clerk of the Circuit Courts. Such District Clerk shall also be paid for his services in opening the Trial Court, certifying jury fees and the like, the sum of eight dollars, to be paid by the secretary-treasurer of the county in which such Court is held, and charged to the contingent fund of the county. (3) The several persons appointed to the office of the Dis- Oath of office. trict Clerk of the Court under this Act shall each be duly sworn to the true and faithful discharge of the several and respective duties of their respective offices before entering upon the duties of their said offices, before one of His Majesty's Justices of the Peace for the county for which he shall be appointed; and any Justice of the Peace of the county for which such person is so appointed is hereby empowered and authorized to administer such oath; a certificate of such oath having been duly administered, signed by the Justice administering the same, shall be indorsed on the commission of such District Clerk and such District Clerk shall not be deemed to be appointed until such oath is administered and certificate thereof indorsed as aforesaid. in office of Clerks. (4) The present Clerks of the Circuits for the different Continuance counties, and the Clerks of the Nisi Prius sittings for the present County of York, shall continue to act as District Clerks of the Courts of the Trial Division held in their respective counties until new appointments are made, and each of them shall be the District Clerk of the Court for their respective counties under the foregoing provisions relating to District Clerks. etc.. to be Clerk. (5) All examinations, inquisitions and recognizances taken Inquisitions, by any Justice of the Peace or Coroner shall immediately transmitted to thereafter be transmitted by such Justice of the Peace or Coroner to the District Clerk of the Court for the county in which the same may be taken, where the party charged is committed for trial to the Court. VACATION. 5, (E); RR. 351, 58. There shall be a vacation of the Court in each year Vacation. commencing on the tenth day of July and ending on the tenth (Cf. O. 64. rr. 4, day of August. No pleading shall be amended or delivered 352, (O)]. between said dates, both inclusive; the time of vacation shall c. 37. 6 Edw. VII., not be reckoned in the computation of times appointed or allowed in the Rules of the Court herewith for filing, amending or delivering any pleading, unless otherwise directed by the Court or Judge. Any Judge may issue summonses for the ICf. O. 63, r. 13, purposes of any proceedings at Chambers, returnable after vacation. (E) J. Amendment, etc., of Act Governor in Council. RULES OF COURT. 59.-(1) The Lieutenant-Governor in Council may, at any and Rules by time after the passing and before the commencement of this Act, by Order in Council alter, annul or amend any of the provisions of this Act or any of the Rules of Court in the Schedule hereto, and may make any further or additional Rules of Court for carrying this Act into effect, and in particular for all or any of the following matters, that is to say:(a) For regulating the sittings of the Court, including the sittings of the Trial Division and the sitting of the Court for the despatch of Equity business; (b) For regulating the pleading, practice and procedure in the Court ; Power to Judges to Court. (c) Generally for regulating any matter relating to the practice and procedure of the Court, or to the duties of the officers thereof, or to the costs of proceedings therein; (d) For providing a table or tariff of fees and allowances for services by solicitors and counsel in all causes, actions and matters in the Court, of fees and charges by the Registrar and all other officers of the Court, whether payable in law stamps as heretofore, or otherwise, and of witnesses, and of all fees, charges and allowances proper to be fixed or provided for under this Act and Rules of Court. (2) The Judges of the Court may, from time to time, at make Rules of any meeting held for the purpose, and with the concurrence of the majority of said Judges present at said meeting, make any Rule or Rules of Court, or alter or amend any Rules of Court, respecting the following matters: (a) For regulating the sittings of the Court, including the sittings of the Trial Division, and the sittings of the Court for the despatch of Equity business; |