such person or persons as the Probate Court, or other competent Court, shall by sentence or decrec, according to law, adjudge, then this obligation to be void, otherwise in force. Sealed and delivered and } in presence of (G) Bond on Appeal. (The Bond to be taken for four hundred dollars, payable to the Judge of Probate, in the same form as the Administration Bond, and conditioned as follows) : Whereas the above bounden hath appealed from the decision of the said Judge of Probate, made in a certain matter pending before him; Now the condition of this obligation is, that if the said shall pay such costs arising from such appeal, and to such persons as the Supreme Court may order, then this obligation to be void, or else to be in force. bailiwick, and him safely keep, so that you may have his body in on the before me at day of next, to answer for contempt by him lately committed in neglecting to appear before me, pursuant to a subpœna issued in that behalf, or in case it be for refusing to testify after appearing, for refusing to testify before me), in a certain matter then pending before me as Judge of Probate for said County and have there then this writ.-Given under my hand this day of 18 A. F., Registrar. B. P., Judge of Probate. (I) Bond by Guardian. Know all men by these presents, that we [the guardian] and [the sureties] are jointly and severally bound unto the Judge of Probate for the County of in the sum of [double the amount or thereabouts of the alleged value of the estate] to be paid to him. Sealed and dated this day of in the year of our Lord one thousand eight hundred and The condition of this obligation is such, that if the above bounden do and shall faithfully discharge the duties of guardian of the estate, or of the person and estate, as the case may be, of , an infant under the age of twenty one years, and when maintenance may be ordered by the Judge of Probate, pay and lay out from the income, or if insufficient from the available proceeds of the estate of such infant, the sum of annually for his maintenance and education, until he shall become of lawful age, and shall at all times duly account for such estate when called upon by the said Judge of Probate, in the Probate Court before him, then the above obligation to be void, otherwise to be and remain in full force and virtue. You are hereby required [in case it be an alias attachment, shall be found within add as before,] to attach if your bailiwick, and deliver him to the keeper of the gaol of the said County, and the said keeper will take the said in custody and him safely keep until he shall pay to or deliver to a sum of money, (or certain specific chattel or thing claimed under a Will, as the case may be,) together with the sum of for costs (if with costs) incurred in the proceedings had in this Court, concerning which this attachment has been issued pursuant to a decree for that purpose made on the 18 day of A. D. and make return hereof within thirty days from the date of this attachment. Section. 1 Title of Court. CHAPTER 53. CITY COURT OF SAINT JOHN. 2 Before whom and when held. 3 & 4 Jurisdiction. 5 Form and service of summons. 6 Service on Corporation, made. 7 When attachment may issue. 8 Service of attachment. Section. 23 Abandonment of part of claim. how 25 Counsel fee. 26 When Court has no jurisdiction, judgment as in case of non suit to be rendered. 9 Proceedings under attachment; 27 Judgment, how proved. bail. 10 When defendant shall be discharged. 11 Liability of bail, how discharged. 12 Marshal to make return on at tachment. 13 Sheriff may take bail from defendant in custody. 28 Defendant in custody may be brought into Court. 29 Payment of money into Court in actions of tort. 30 Depositions of absent witnesses. 31, 32 & 33 Execution and proceed. ings thereunder. 34 14 Issue of alias or pluries summons 35 or attachment. 15 Particulars of claim or set-off to be filed. Confinement of defendant. 36 Such executions to have like effect 16 Clerk to exhibit such particulars. as if delivered to a Marshal. 17 Parties confined to particulars; 37 Review. amendment thereof. 38 Affidavits, before whom sworn. 18 Subpoena may be issued,service of. 39 No Justice of the Peace to have 19, 20 & 21 Proceedings on trial. concurrent jurisdiction. Schedule. 22 Jury, how and when summoned, &c. 1. There shall be a Court in the City of Saint John to be known as "The City Court of Saint John." 2. The said Court shall be holden before one of the Aldermen of the said City, with the Common Clerk thereof or his Deputy associated with such Alderman as Puisne Judge of the said Court; and the Sittings of such Court shall be on the Thursday in every week; provided that when Christmas Day or New Year's Day shall fall upon Thursday, the said Court shall be holden on the Wednesday in such week; provided also, that the sitting of the said Court may be adjourned from day to day, if deemed expedient or necessary for the dispatch of any unfinished business. 3. The said Court shall not have cognizance of any action(1) Where the title to land is brought in question; (2) Where the Corporation of the City of Saint John is a party to the suit. 4. Subject to the exceptions in the last preceding Section mentioned, the said Court shall have jurisdiction over all actions of debt, upon a specialty or otherwise, where the sum demanded does not exceed eighty dollars, and in actions of tort to real and personal property, where the damages claimed do not exceed twenty dollars, and in actions against bail or on limit bonds given or taken in the said Court, whatever may be the penalty or amount sought to be recovered; provided always, that the jurisdiction of the said Court in actions where the sum demanded exceeds the sum of twenty dollars shall be confined to causes of action arising within the City and County of Saint John, or where the defendant resides within the City and County of Saint John. 5. The ordinary process in all suits in the said Court shall be by Summons (A) issued by the Common Clerk of the said City, which summons shall be served by a Marshal, and may be served at any time before the time of appearance mentioned therein; such service may be made personally within the City by exhibiting the original summons to the defendant and at the same time delivering to him a true copy thereof, or it may be made at the place of residence of the defendant within the City, by exhibiting the same to some adult member of the defendant's family or of the family with whom the defendant resides, by exhibiting the same to such adult member, and at the same time delivering to him a true copy thereof; provided however, that in all cases where such service is not personal, no judgment by default shall be entered against such defendant until the Marshal who served the same shall make oath before the Common Clerk that from inquires made at the time of such service, he, the said Marshal, verily believes the defendant was at the time of such service within the limits of the City, and the Common Clerk shall be satisfied that he was when so served within such limits; and provided also, that in no case where the service of such summons is not personal, shall the trial of the cause be proceeded with in the absence of the defendant, or any judgment entered against him until the Court next after that in which the summons is returnable. cases the Marshal serving a summons, shall return thereon in writing the time and manner in which he exceuted the same, and he shall in cases of personal service, when required by the Common Clerk so to do, verify the return on oath before such Clerk or his deputy. In all 6. Every such summons issued against a Corporation ag gregate, may be served within the City of Saint John upon the Mayor, Warden, President or other head officer; or on the Cashier, Manager, Secretary-Treasurer, Clerk or Agent of such Corporation, or of any branch or agency thereof in this Province; and every person who within this Province manages, transacts or carries on any of the business of, or any business for any foreign Corporation whose chief place of business is without the limits of the Province, shall for the purpose of being served with a writ of summons issued against such Corporation, be deemed the agent thereof. 7. The Clerk shall upon application issue an attachment (B) when it is made to appear to him on affidavit made by the plaintiff or his agent, that the defendant is justly indebted to the plaintiff in a sum to be specified, which shall not be less than one dollar, and that he doth verily believe that the defendant is about to depart from the said City; provided that no attachment shall be issued against any person having privilege of the General Assembly, or against any female, or in any action of tort in the said Court. 8. Every such attachment shall be served by a Marshal, by arresting the defendant and at the same time delivering to him a copy of such attachment. 9. The Marshal shall upon such arrest take bail for the appearance of the defendant, if good and sufficient bail be tendered, which bail shall thereupon subscribe a memorandum to be endorsed on the attachment, or subjoined at the foot thereof, to the effect that he or they become bail; but if such bail be not tendered, the Marshal shall carry and convey the defendant to the common gaol of the City and County of Saint John, and deliver him to the keeper of such gaol, together with the said attachment, there to remain till discharged by due course of law, or until the debt and costs be paid; but such defendant shall not be liable to be detained in custody for any longer period than one day for every forty cents of the sum stated in the attachment, but this provision shall not apply to persons on the gaol limits; and if charged in execution while so in custody on the attachment, the time during which the defendant shall have been confined under the attachment shall go in discharge of an equal portion of the imprisonment to which he would be liable under the execution; provided always, that no gaoler shall be liable to |