Judge, upon their or his being satisfied by affidavit as aforesaid, the like proceedings may be had and taken thereupon. 3. A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service out of the jurisdiction; and a writ for service out of the jurisdiction may be issued and marked as a concurrent writ with one for service within the jurisdiction. 4. Any affidavit for the purpose of enabling the Court or a Judge to direct proceedings to be taken against a defendant residing out of the jurisdiction of the said Court, may be sworn if in Great Britain or Ireland, before any Judge of the Court of Queen's Bench or Common Pleas, or Baron of the Exchequer, or Master in Chancery, in England or Ireland; or any Judge or Lord of Session in Scotland; the hand writing of such persons respectively being authenticated under the seal of a notary public, or before any Mayor or other Chief Magistrate of a City, Borough, or Town Corporate, in any part of the United Kingdom, under the Corporate Seal; and if in any other part of the British Dominions, before any Judge of the Supreme or Superior Court of Judicature, his hand writing being authenticated by a notary as aforesaid, or the Chief Magistrate of any City or Municipality, under the Corporate Seal; and if in any Foreign State or Kingdom, under the hand and seal of office of any British Minister, Ambassador, Consul General, Vice Consul, or Consular Agent, resident there; and every affidavit so sworn by virtue of this Act, may be used and shall be admitted in evidence, saving all just exceptions, provided it purport to be sworn, signed, and verified as aforesaid provided always, that if any person shall forge the signature of any such affidavit, or shall use or tender in evidence any such affidavit with a false or counterfeit signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to imprisonment for any term not exceeding three years nor less than one year, with hard labour, in the Provincial Penitentiary; and every person who shall be charged with committing any felony under this Act, may be dealt with, indicted, and tried, and if convicted, sentenced, and his offence may be laid and charged to have been committed in the County or place in which he shall be apprehended or be in custody; and every accessory before or after the fact to any such offence, may be dealt with, indicted, tried, and if convicted, sentenced, and his offence may be laid and charged to have been committed in any County or place in which the principal offender may be tried: provided also, that if any person shall wilfully and corruptly make a false affidavit before any person herein authorized to take such affidavit, every person so offending shall be deemed and taken to be guilty of perjury in like manner as if such false affidavit had been made in New Brunswick, before competent authority, and shall and may be dealt with, indicted, tried, and if convicted, sentenced, and his offence may be laid and charged to have been committed in any County or place in which he shall be apprehended, or be in custody, as if his offence had been actually committed in that County or place. SCHEDULE. Writ when the defendant, being a British subject, resides out of the jurisdiction. Victoria, by the Grace of God, &c. To C. D. of We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be from New Brunswick] days after the service of this Writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Supreme Court of the Province of New Brunswick, in an action at the suit of A. B.; and take notice that in default of your so doing, the said A. B. may by leave of the Court or a Judge, proceed therein to judgment and execution.-Wit ness, &c. Memorandum to be subscribed on the Writ. N. B.-This Writ is to be served within (six) calendar months from the date thereof, (or if renewed, from the date of such renewal,) including the day of such date, and not afterwards. Indorsement to be made on the Writ before the service thereof. This Writ is for service out of the jurisdiction of the Court, and was issued by E. F. of Attorney for the plaintiff; or This Writ was issued in person by A. B., who resides at [mention the City, Town, or Parish where plaintiff resides.] Indorsement to be made on the Writ after service thereof. This Writ was served by X. Y. on L. M. the defendant (or one of the defendants) on (Monday) the 18 . day of Served. X. Y. (B) Writ where the defendant, not being a British subject, resides out of the jurisdiction. Victoria, by the Grace of God, &c. To C. D. of We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from New Brunswick] days after notice of this Writ is served on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our Supreme Court of the Province of New Brunswick, in an action at the suit of A. B.; and take notice that in default of your so doing, the said A. B. may by leave of the Court or of a Judge, proceed therein to judgment and execution.—Witness, &c. N. B.-Notice of this Writ to be served within six calendar months from the date thereof, including the day of such date, and not afterwards. day of 18 ; New Brunswick, has commenced an action at law against you C. D. in Her Majesty's Supreme Court of New Brunswick, by a Writ of that Court, dated the and you are required within days after the receipt of this notice, inclusive of the day of such receipt, to defend the said action by causing an appearance to be entered for you in the said Court to the said action, and in default of your so doing, the said A. B. may by leave of the Court or a Judge, proceed therein to judgment and execution. Indorsement to be made on the Writ after service thereof. This Writ was served by O. P. on C. D. the defendant (or one of the defendants) on the day of 18 . O. P. CAP. XXVI. An Act relating to Trespasses on Lands and Lumber. 1. Offences, before whom triable; penalty; 2. Jurisdiction of other Courts not affected. recovery; ownership. Passed 12th April 1855. Governor, Legislative BE it enacted by the Lieutenant Council, and Assembly, as follows:1. Any person who shall commit any offence under the first, second, and third Sections of Chapter 133, of the Revised Statutes," Of Trespasses on Lands, Private Property, and Lumber," in which the lumber, being the subject matter of the trespass or misdemeanor alleged to have been committed, shall not exceed in value twenty five pounds, may be prosecuted to conviction, when such offence is committed in the City and County of Saint John, before the Police Magistrate of the City of Saint John or Parish of Portland; and in any other County, before two Justices of the Peace. The offender shall, at the discretion of the Magistrate or Magistrates before whom the conviction may take place, be liable to a penalty not exceeding twenty five pounds, or to be imprisoned in the Provincial Penitentiary for a period not exceeding three months; and in case of the non-payment of such penalty, may be dealt with as provided in the twentieth Section of an Act for establishing and maintaining a Police Force in the Parish of Portland in the City and County of Saint John; and the owner of the land on which drift wood or lumber of any kind shall be found, shall be considered the owner thereof as against all persons but the legal owner. 2. Nothing herein contained shall be held to take away the jurisdiction of any Court given by the said Chapter 133, of the Revised Statutes. CAP. XXVII. An Act to continue Chapters Forty eight, Forty nine, Fifty, and Fifty one, Title Seven, of the Revised Statutes, Of Parish Schools," and of the Act in amendment thereof. 66 Certain Parish School Acts continued. Passed 12th April 1855. BE it enacted by the Lieutenant Governor, Legislative Council, and Assembly,-That Chapters 48, 49, 50, and 51, Title VII, of the Revised Statutes, "Of Parish Schools," and an Act made and passed in the seventeenth year of the Reign of Her present Majesty, intituled An Act in addition to and in amendment of an Act for the better establishment and maintenance of Parish Schools, be and they are hereby severally continued to be in force and effect until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty seven. CAP. XXVIII. An Act to amend Title Three, Chapter Twenty, of the Revised Statutes, "Of the regulations of Light Houses." Duty increased on registered Vessels arriving at any Port in the Gulf of Saint Lawrence. Passed 12th April 1855. BE it enacted by the Lieutenant Governor, Legislative Council, and Assembly,-That from and after the passing of this Act there be paid a duty of two pence per ton on all registered vessels arriving at any Port in the Gulf of Saint Lawrence, for the support of Light Houses and Light Establishments therein, instead of one penny per ton as imposed by Sections 11 and 12 of the said Chapter. CAP. XXIX. An Act to amend the Law relating to Sick and Disabled Seamen. Duty increased on Vessels arriving at the Ports of Richibucto and Buctouche. BE it enacted by the Lieutenant Governor, Legislative Council, and Assembly,―That the master, owner, or consignee of |