such defence be pleaded or notice thereof be given in like manner as is required by the course and practice of the Court in which the action is brought, any law, usage or custom to the contrary notwithstanding. Section. CHAPTER 49. THE SUPREME COURT IN EQUITY. Jurisdiction. 1 Jurisdiction. 2 Former practice to continue. 3 General Rules. 4 Court always open; Appeal. Section. 30 Answer; form of, &c. 31 Defendant may file interrogatories; proceedings thereon. 32 Exception. 33 Impertinence. 5 When execution of order or de- 34 What formality necessary on tak cree stayed. ing answers, &c. 6 Sittings. 35 Where taken out of jurisdiction. Plaintiff shall join issue in one inonth after answer, &c. 37 9 Commissioners for taking affida. vits. 10 Clerk of the Pleas to be Clerk in 38 Equity. 11 Common Law Officer to assist 39 the Court. 12 Duty of Sher.ffs. 13 Common Gaols to be prisons of 40 the Court. 14 Office of Registrar in Chancery 41 abolished. 15 Construction of word "Court." General Procedure. 16 Summons and Örders. 17 Order for service out of jurisdiction when defendant has a known place of residence. Hearing of causes at the Sittings. Evidence may be taken at Circuit Courts. An examiner may be appointed to take evidence. When cause may be dismissed because the plaintiff does not proceed. Judge may order documents to be produced. When affidavits may be used on 42 Person who has made an affidavit 44 Judge may direct an issue. 18 Where defendant's residence is 45 Rules as to objection for want of Section. 55 Bill of Revivor not necessary. Section. 89 Judge may order parties to proceed. mencement of suit to be stated. 90 No interrogatories filed on refer 57 How executors made to account crees. 61 Appeal; proceedings thereon. ence. Proceedings where there are accounting parties. 91 92 93 Objectionable items in accounts to be specified by party objecting. Objections, when made and ar gued. 94 Exceptions to report, how and when made. 95 Solicitors may issue subpoenas. Infants and Guardians. 96 Guardians; how appointed. When Court may compel infant to convey. 97 98 64 All pleadings, evidence, &c. to be 101 66 Judge shall direct investment of 100 102 May order specific performance Conveyance by guardian in pur 70 & 71 When defendant or his re- 104 presentatives to be served with 105 copy of decree. 72 Party served, and not appearing within three months, absolutely barred. 73 & 74 How party served with de- 75 Writs for possession of lands. 77 Judge may order Commissions for 78 Examinations thereunder, how certified; when read in evidence. 79 Sections 127, 128, 131, and 164, of Chapter relating to Proceedings & Practice in the Supreme Court, to apply hereto. 80 Forms to be part of Chapter. 84 Parties thereto subject to juris- 87 Reference, when made. 132 How commission shall be ad- 171 133 Proceedings and practice. 135 & 136 When committee may let 141 Proceedings where lunatic's pro Adoption of Children. 172 Habitual drunkard need not be 173 Examination of witnesses. 176 When petition shall be dismissed. kard vests in Committee. 180 & 182 Orders restraining conveyances by him. 181, 183 & 184 When real estate vests in his Committee, and to what extent. 185 Registry of orders appointing a Committee. 143 Petition to adopt child ani 186 No appeal from Judge's order. JURISDICTION, &c. 1. The Supreme Court, under the name of "The Supreme Court in Equity," shall, as heretofore, have, hold, use, exercise and enjoy the jurisdiction, rights, powers and privileges given and granted to the same in and by Section one, Chapter one, of an Act made and passed in the seventeenth year of the Reign of Queen Victoria, intituled An Act relating to the administration of Justice in Equity. 2. The practice of the said Court shall continue the same in all respects as heretofore, subject nevertheless to the provisions of this Chapter and of all general rules which may hereafter be made under and by virtue of the provisions of the following Section. 3. The Court may and they are hereby required from time to time to make such general rules and orders as may be necessary for carrying the purposes and provisions of this Chapter into effect, and for regulating the times, forms, and mode of procedure and practice of the said Court; and the Judges of the said Court or a majority of them may and are hereby empowered by any such general rule to rescind,alter, add to or amend any of the provisions of this Chapter relating exclusively to the practice or mode of procedure in the said Court. 4. The Court shall always be open, and every matter, whether interlocutory or on the hearing of the cause, shall be decided by any one of the Judges, with the same powers, subject to appeal, as were exercised by the Master of the Rolls before the passing of the said recited Act, intituled An Act relating to the administration of Justice in Equity; and every appeal from the decision of a Judge shall be made to the Court in Term, which shall have the same authority and jurisdiction therein as the Chancellor had on appeal previous to the passing of the said recited Act. 5. Every order or decree of a Judge shall be entered and carried out by the Officers and Solicitors of the Court as the act of such Court according to the practice thereof, but when the Judge shall be satisfied that an immediate execution of such order or decree may be necessary, he may, upon such terms as he may direct, order the same or such part thereof as he may direct, to be carried out or executed forthwith, and the same may thereupon be done accordingly, and exc cution may at once be issued by the Solicitor, and the papers shall be filed with the Clerk, and other directions obeyed, as the Judge shall prescribe. 6. Besides the ordinary business, stated Sittings in Equity shall be held at Fredericton by any one of the said Judges on the first Tuesday in every month in each year, excepting February and September, and instead of February the Sittings shall be on the last Tuesday in January, for the purpose of hearing all motions and causes cognizable in the said Court. 7. Any Barrister who may be at any time appointed by any Judge in any particular cause or matter shall have power to act as an Examiner, and on being sworn, shall have power to administer the oath to the witness and take the examination in such cause; the oath to be taken by an Examiner shall be taken and administered according to the established practice. 8. The Solicitors of the plaintiff and defendant respectively shall serve the opposite party with copies of all pleadings and writings drawn and filed by them, and may prepare all processes for signing and sealing. 9. The Commissioners for taking affidavits in the Supreme Court, shall have similar powers on the Equity side of the said Court. 10. The Clerk of the Pleas shall be Clerk of the Court on the Equity side, and shall file and have the custody of all papers, entries and records, make office copies thereof when required, and sign and seal processes, tax all costs, and draw orders and decrees in Equity. 11. All Sheriffs, Deputy Sheriffs, Coroners, Gaolers, Constables, and other officers, shall be aiding, assisting and obeying the said Court in the exercise of its jurisdiction whenever required to do so. 12. The Sheriffs shall serve or execute within their res pective Counties all processes of the Court that may be sent or delivered to them for that purpose. If the Sheriff of any County by interest or otherwise is incapacitated from serving or executing any such process, then the same may be directed to any one of the Coroners of such County, and served or executed by him. The said Sheriffs or Coroners, as the case may be, shall be entitled to the same fees and emoluments |