of 37 Geo. 3, ch 6,

"An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the first day of September next, a certain Act passed in the thirty second year of the 92 Geo. 3, ch. 6; part Reign of His late Majesty, King George the Third, entitled "An Act sec. 6; and 56 Geo. for the more easy and speedy recovery of small debts; a certain other Act, passed in the Fifty-sixth year of His said Majesty's Reign, entitled "An Act to extend the Jurisdiction of the Court of Requests," and also so much of the Sixth Clause of a certain other Act passed in the Thirtyseventh year of His said late Majesty's Reign, entitled "An Act to extend the Jurisdiction and regulate the proceedings of the District Court and Court of Requests," as applies to the said Court of Requests, be, and the same are hereby repealed.

3, ch. 5, repealed.

Two or more Com

Inissioners may hold

On the first and third month, within their

Saturday of each

Divisions.

Magistrates to declare

the respective Divisions at their Quarter Sessions.

II. And be it further enacted by the authority aforesaid, That from and after the First day of September next, it shall and may be lawful for any a Court of Requests, two or more Commissioners, acting under and by virtue of a commission from the Governor, Lieutenant Governor, or Person administering the Government of this Province, who is hereby duly authorised and empowered to grant the same, under his hand and seal of office, to assemble, sit and hold a Court of Justice, to be called a Court of Requests, on the first and third Saturday of each month, at some place within their respective divisions, which divisions shall be ascertained and declared by the Justices in Quarter Sessions assembled, or the greater part of them, at the General Quarter Sessions, which shall be holden first after the First day of April next; and the said Commissioners for the time being, or any two or more of them, shall have power and authority, and are hereby authorised, empowered and required to hear and determine all matters of debt or contract, when the demand doth not exceed the sum of Ten Pounds, and to give and pronounce such judgment and decree therein respectively, and to award execution thereupon, with such costs as are hereinafter specified, against the goods and chattels of all and every the person and persons against whom they shall give or pronounce any judgment or decree, as to them shall seem just in law or equity; and that the acts, orders, judgments and decrees of the said Commissioners shall be final, between the parties thereto;-Provided always, that the Commissioners hercinbefore mentioned, shall be appointed, and hold their office during pleasure only.

Jurisdiction of the
Court.

Commissioners to hold their office during pleasure.

numbered, and des

.of the Peace.

III. And be it further enacted by the authority aforesaid, That so soon Divisions to be as the said divisions shall have been declared in each District as aforesaid, cribed in a book to the same shall be numbered by the said Justices in General Quarter be kept by the Clerk Sessions assembled, beginning at number one, and continuing to the highest number of such divisions in cach District; and shall be particularly described in a book to be kept for that purpose, and deposited in the office of the Clerk of the Peace.

Governor's Office a

IV. And be it further enacted by the authority aforesaid, That the Clerk of the Peace Clerk of the Peace in and for each District, shall transmit to the office to transmit to the of the Governor, Lieutenant Governor, or Person administering the Go- copy of such book. vernment of this Province, a copy of the book or list of divisions, from time to time declared as aforesaid, within the limits of the District of which he is Clerk of the Peace, describing them according to their respective numbers.

to issue Summonses.

copy at Defendant's

V. And be it further enacted by the authority aforesaid, That from and Clerk of the Court after the First day of September next, it shall and may be lawful for every person or persons, who then or thereafter may have any debt or debts owing to him, her or them, not exceeding the sum of Ten Pounds currency of this Province, by any person or persons whatsoever, being an inhabitant of the District within which the Court shall be holden, to cause such person or persons to be summoned by a writing under the hand of the Clerk of the said Court, who shall be appointed as hereinafter mentioned; a copy of which shall be left with some grown person at the dwelling- Summonses may be house or usual place of abode of such person or persons, or by service served by leaving of the same on the person of such debtor, to appear before the Com- house. missioners of the said Court: and the said Commissioners, after such Summons as aforesaid, shall, upon proof of such copy of said Summons having been so left or served, at least six days previous to the Summons to be served day of appearance, have full power and authority, by virtue of this Act, day of appearance. to make or cause to be made, such acts, orders, decrees, judgments and proceedings, between such plaintiff and his, her or their debtors, defen- pon proof of service, dants, touching such debt or debts, not exceeding the sum of Ten Pounds Judgment not excurrency of this Province, in question before them, as they shall find ceeding £10. consistent with law or equity; and all such acts, orders, decrees, judg- Proceedings to be ments and proceedings, shall be entered in a book to be kept for that entered in a book. purpose. Provided always, that nothing in this Act contained, shall extend or be construed to extend, to authorise the summoning of any summoned out of his defendant or defendants before any Court of Requests, within any Dis- Division. trict, other than that which shall be established by the Magistrates in Quarter Sessions, as by law directed, for the division in which such defendant or defendants shall, at the time of issuing such summons, be

six days before the

Court may give

Defendant not to be

given over 40s. where

No Judgment to be resident :-And provided also, That the Court shall in no case give party not personally judgment against a defendant for a larger sum than Forty Shillings, unless it shall be proved to them that he has been personally served with the summons issued in such cause.

served.

Privilege of Barristers

away.

VI. And be it further enacted by the authority aforesaid, That no and Attornies taken Barrister, Attorney at Law, or Solicitor, being served with process of the said Court, shall be allowed to plead or maintain any privilege against the process, authority, jurisdiction or judgment thereof; nor shall any Barrister, Attorney at Law, or Solicitor, have or maintain any privilege of bringing in a superior Court an action upon any cause of action, which, from its nature, shall be properly cognizable in the Court of Requests.

Court not to hold

Plea of any gambling drank at a Tavern.

debt, or for Liquors

not to be involved.

VII. Provided always, And be it further enacted by the authority aforesaid, That nothing in this Act contained, shall extend, or be construed to extend to authorise the holding plea in such Court, for any gambling debt whatsoever, or for any spirituous liquors drunk at a Tavern.

Provided also, And be it further enacted by the authority aforesaid, Titles to real Estate That nothing in this Act contained, shall extend to give jurisdiction to any Court of Requests, to take cognizance of any cause involving the right or title to Real Estate.

tiff's demand to be

confined at the trial.

VIII. And be it further enacted by the authority aforesaid, That a stateParticulars of Plaia- ment of the particulars of the demand upon which any party shall sue in annexed to Summons the said Court of Requests, shall be annexed to, or endorsed on every to which parties are summons taken out, and served on the defendant or defendants, with such summons; to which bill of particulars the name of the plaintiff or plaintiff's bringing the suit shall be subscribed; and to the items contained in the said bill of particulars, the said plaintiff or plaintiff's shall be required to confine his, her or their proof at the trial.

Judgment may be

sion of the party, or

of the debt having

been due bona fide.

IX. And be it further enacted by the authority aforesaid, That in order given on the confes- to prevent unnecessary expense, it shall and may be lawful for the said afidavit by Plaintiff Commissioners, or any one of them, at any time to give judgment, and cause the same to be entered on the voluntary confession of any defendant when the amount demanded does not exceed the jurisdiction of the said Court; which confession may be in the form hereinafter set forth, and that judgment shall not be entered up on any such confession, in a case where no summons has been sued out by the plaintiff, until such plaintiff shall have made an affidavit to be endorsed on or annexed to the confession, declaring that the defendant before giving that confession, did truly, and bona fide, owe him the amount therein specified.

declared Perjury.

X. And be it further enacted by the authority aforesaid, That in case False swearing any person or persons, shall make oath or give evidence, in any cause depending before the said Commissioners in the said Court, whereby he, she or they shall wilfully and corruptly forswear themselves, such person or persons shall on conviction, suffer the pains and penalties inflicted on persons guilty of wilful and corrupt perjury.

Requests until 1st

XI. And be it further enacted by the authority aforesaid, That the Continuance of present Courts of Requests shall be and continue established until the present Court of First day of September next, and that all suits or controversies which September. shall remain unsettled, or which shall not have been finally disposed of in the several Courts of Request in this Province, shall, after the First day of September next, be transferred to the Court of Requests having the jurisdiction in such suit or controversy, established by this Act, together with all papers and proceedings relating thereto; which said unsettled suits or controversies shall be proceeded in until finally disposed of Suits instituted in by the Court of Requests having jurisdiction, and established by this Act, tinued in new Court. in the same manner that such unsettled suits or controversies would have been proceeded in if this Act had not been passed.

present Court con

This Act to extend te

XII. And be it further enacted by the authority aforesaid, That this Act shall extend to all new Districts which may be hereafter created or all new Districts. set apart within this Province, and that the Justices of the Peace in such new Districts shall, at their first Court of General Quarter Sessions to be by them holden, partition and set off the same into divisions, and do and perform all such other matters and things, in the same manner as is required by this Act of the Justices in the several Districts now by law established.

Court may administer

XIII. And for the better discovery of the truth, and the more solemn determination of matters and causes which shall be depending in the said Court: Be it therefore further enacted by the authority aforesaid, That it shall and may be lawful for the said Commissioners or any two or more oaths to Witnesses or of them assembled in Court as aforesaid, and they are hereby authorised Parties. and empowered to administer or cause to be administered an Oath or Oaths to the Plaintiff or Plaintiffs, Defendant or Defendants respectively, and to such Witness or Witnesses as shall be produced by each party, and also to all or any of the officers of the said Court, and to all other persons whatsoever, for or concerning any business relative thereunto, and to take the Affirmation or Affirmations of such Plaintiff or Plaintiffs, Defendant or Defendants, Witness or Witnesses, or other persons as aforesaid, who are or shall be of the people called Quakers, or of such other denomination of Christians as are allowed to give evidence on their Affir

No Judgment sustained or set off

by oath of either

party.

mation: Provided always, that although the Court may for their better allowed or disallowed satisfaction and for the discovery of the truth, require the Plaintiff or for a sum over 40s. Defendant to be examined on Oath or Affirmation, they shall in no case give Judgment for either party in any cause for more than Forty Shillings, or allow or disallow any set off to a greater amount than Forty Shillings, on the mere Oath or Affirmation of the Plaintiff or Defendant respectively, nor without sufficient evidence to warrant such Judgment, independent of such Oath or Affimation.

Commissioners to

phonech to the flowing elect.

Form.

Gath may be adriistered by a

XIV. And be it further enacted by the authority aforesaid, That no person or persons shall be capable of acting as a Commissioner or Commissioners in the execution of the power given by this Act, until he or they shall respectively have taken an Oath to the effect following:

"I, A. B. do swear that I will faithfully, impartially, and honestly, according to the best of my Judgment, hear and determine such matters and things as shall be brought before me as a Commissioner of the Court of Requests of Division Number-constituted and established under and by virtue of an Act of the Legislature of this Province, entitled 'An Act to repeal part of, amend and reduce to one Act of Parliament the several Laws now in force in this Province for the recovery of small debts, and to extend the Jurisdiction of the Court of Requests within the same,' without favour or affection to either party-So help me God."

Which Oath may be administered by any Justice of the Peace, and shall be by such Justice transmitted to the Clerk of the Peace of the rodied to the District in which the Division for which such Commissioner shall have Clerk of the Peace. been appointed shall be situated.

Commissioners to appoint a Clerk. Flis duty.

XV. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, it shall be the duty of the Commissioners of each Court of Requests to appoint a fit and proper person to discharge the duties of Clerk, who shall be subject to be removed from his office by the Commissioners, or a majority of them, for the time being, and whose duty it shall be to issue all Summonses, Subpoenas, Executions, and other Process necessary to be issued out of the said Court, to receive from the Bailiffs all money collected under this Act, and to pay the same over to the parties to whom it was decreed, and to keep a faithful record in a suitable book to be by him provided for that purpose, (which book shall be the property of the District) of all the proceedings of the Court for which he may be appointed, and which Clerk shall, before he enters upon the duties of his Office, take the following Oath;