Clerk's oath.

in the sum of £100

"I, A. B. do swear, that I will well and truly perform and fulfil all duties belonging to the Office of Clerk of the Court of Requests for the and will faithfully make, enter and preserve all proceedings and remembrances of the said Court to the best of my skill and abilitySo help me God:"-Provided always, That no Clerk so appointed shall Clerk to give security enter upon the duties of his Office, until he shall have given security to to perform his office. the Commissioners in the sum of One Hundred Pounds, for the proper performance of his duty-that is to say, shall enter into the Covenant hereinafter mentioned, binding himself without limitation as to amount, with two or more sureties to such amounts severally as shall together make up One Hundred Pounds, such sureties to be persons sufficiently responsible in the Judgment of the Commissioners, and it shall also be Commissioners to the duty of the said Commissioners and they are hereby empowered to ap- appoint a Bailiff, who point one or more fit and proper persons to discharge the duties of Bailiff, according to the provisions of this Act; which Bailiff or Bailiffs shall give security in the same manner and to the same amount as the Clerk of such Court, and shall hold his Office during the pleasure of the Commissioners who, or a majority of them, may in their discretion remove such Bailiff and appoint another in his stead.

XVI. And be it further enacted by the authority aforesaid, That the security to be given by every Clerk or Bailiff of any Court of Requests in this Province, shall be in the following form, or to the like effect, that is to say:

Know all men by these presents, that we A. B. Clerk, or Bailiff, (as the case may be) of Division number- in the District of

in the District of—

shall give security.

C. D. of the District of, and E. F. of. (when more Sureties here insert their names) do hereby jointly and seveverally covenant and promise that A. B. Clerk, or Bailiff, (as the case Form of Security, may be) of the -Division as aforesaid, shall well and truly pay over to the person or persons entitled to the same all such monies as he shall receive by virtue of his office of Clerk, or Bailiff, (as the sase may be) from the date of this Covenant, during his continuance in Office, and that he shall not within that period negligently or wilfully misconduct himself in his said Office of Clerk, or Bailiff, (as the case may be) nevertheless it is hereby declared that no other or greater sum shall be recovered against the Sureties respectively than as follows, that is to say :

Against C. D.
Against E. F.

If other Sureties add them in like manner.

B

In witness whereof we have hereunto set our hands and Seals the

day of

L. S.

L. S.

L. S.

Party injured may

bring Action upon the Clerk or Bailiff

the security given by

Bailiff to attend all

XVII. And be it further enacted by the authority aforesaid, That any person or persons who may be injured, delayed or damaged by the negligent or wilful misconduct of any Clerk or Bailiff of any Court of Requests, shall and may sue upon such covenant in his own name, and the Commissioner or Commissioners of such Court are hereby authorised to give such Judgment thereon as to them shall seem just in Law and Equity, not exceeding in amount the sum to which their Jurisdiction is limited: Provided always, that nothing herein contained shall prevent the bringing any Action upon such covenant in a superior Court for a cause of Action beyond the Jurisdiction of the Court of Requests.

XVIII. And be it further enacted by the authority aforesaid, That sittings of the Court, every Bailiff appointed by the Commissioners of any Court of Requests shall attend at the sittings of such Court at ten o'clock of the day on which any Process or Execution shall have been made returnable, and it shall and may be lawful for the said Commissioners to administer, and they are hereby authorised to administer, an Oath to such Bailiff, to the effect following, that is to say :

Oath to be adminis

services.

"You A. B., Bailiff of Division numberof the Court of Retered to him touching quests, in the- -District, shall truly answer all such questions as shall be put to you by the Court, touching the service or execution of any Writ or Process issued from this Court which may have been placed in your hands, and returnable here this day-So help you God."

XIX. And be it further enacted by the authority aforesaid, That whenever any Plaintiff or Plaintiff's who may hereafter bring an Action in the Court of Requests shall fail to appear, or otherwise establish his, her, or their claim, either in his, her, or their own person or persons, or by Agent, at the time specified in the Summons, it shall be the duty of said Commissioners to give Judgment against such Plaintiff or Plaintiffs for all costs attending the same, as also such sum to compensate the Defendant or Defendants for loss of time in attending the said Court as the said Commissioners (unless they shall find such failure to have

occurred with the assent of, or upon a previous understanding with the Defendant) may deem just and equitable.

ment in favor of

as shall exceed

XX. And be it further enacted by the authority aforesaid, That in all Actions which may hereafter be brought before the Commissioners of Court may give Judg the Court of Requests, if it shall be proved to the satisfaction of the Defendant for so Court that the claim of the Defendant exceeds that of the Plaintiff, it much of his set off shall be the duty of the said Commissioners, and they are hereby re- Plaintif's demand. quired, to enter Judgment in favor of the Defendant for such balance as may appear to be due to the said Defendant, together with costs: Pro- No set off bey and vided always, that no sett off shall be allowed to be given in evidence 10 to be received. before such Commissioners which shall exceed the amount of Ten Pounds: And provided always, that if the Plaintiff shall contest such Plaintiff entitled to sett off, it shall be incumbent on the Commissioners to suspend Judg. four days notice of ment, and to admit both parties on the next or other subsequent Court adjourn to consider day to produce evidence respecting the same, unless the Defendant shall same. satisfy the Commissioners, by evidence on oath, that he did, four days before the return of the Summons issued against him, serve the Plaintiff with a statement of the particulars of his sett off, signed by the Defendant, in which case the Commissioners may on the first day appointed for the trial hear and determine the same, confining the sett off to the items specified in such bill of particulars.

set off, or Court shall

Witnesses may be

Division, if within

the discretion of the

XXI. And be it further enacted by the authority aforesaid, That if any Witness or Witnesses necessary in any trial live out of the Division summoned out of where any case may be tried, but within the District in which such Di- the District. Costs vision is situated, then, and in such case, he, she or they may be of such Witness in Subpoenaed in like manner as if he, she or they lived within such Di-Court. vision, but no costs shall be allowed for such Witness against the opposite party, unless the Commissioners shall find that his evidence was necessary to make out the case of the party calling him.

XXII. And whereas it is customary among the people of this Province to contract for the payment of a certain specified amount, or of certain sums, in produce or labour, or in some manner otherwise than in money, and doubts may arise with the Commissioners acting under this Act whether they can adjudge such amount or sums to be paid in money • Be it therefore further enacted by the authority aforesaid, That in ly Judgment may be such case, after the day is passed in which the produce or goods should given for Stock Notes. have been delivered, or other thing should have been done, it shall be

in the power of the Court, if they find it just in other respects, to give Judgment for the amount in money, as if the debt or agreement had been for money.

1

Disposition Fines.

Disorderly persons

XXIII. And be it further enacted by the authority aforesaid, That all fines levied under the provisions of this Act shall be by the Commissioner or Commissioners of every Court of Requests, paid over to any Overseer or Overseers of Highways in the Division wherein such fine or fines shall have been levied, and such Overseer or Overseers are hereby authorised and required to expend the same in the same manner as other monies coming into their hands to be expended on the Highways, and shall render an account thereof within three months after the expenditure thereof, to the Commissioner or Commissioners from whom he shall have received the same, and such Commissioner or Commissioners are hereby required to make a return of such fines and expenditure to the ensuing Quarter Sessions.

XXIV. And be it further enacted by the authority aforesaid, That if may be imprisoned any person shall use contemptuous or insulting language to the Commisor fined by the Court. gioners aforesaid, while discharging the duties imposed upon them by this Act, or shall in any manner disturb the proceedings of any Court of Requests, it shall and may be lawful for the said Commissioners to imprison such offender or offenders in the Common Gaol of the District, for a period not exceeding six days, or impose a fine not exceeding two pounds, at the discretion of the Commissioners, such fine to be levied and collected in a summary way, by Warrant of Distress, to be issued by the said Commissioners, directing the same to be made of the goods and chattels of the offender.

Execution may be

in certain cases.

XXV. And be it further enacted by the authority aforesaid, That when levied out of Division any execution shall be issued out of the said court, against any defendant or defendants, or against any plaintiff or plaintiffs, and sufficient goods and chattels of the party or parties against whom such execution shall have been issued, shall not be found within the division where such cause shall have been tried, to satisfy the same, then and in such case it shall and may be lawful to levy the amount of such execution or the balance thereof, of the goods and chattels of such party or parties, in any other division within the same District, and the Clerk of the Court from whence the same issued, may direct another execution for the amount due, to the Bailiff of the same division, or the Bailiff of the division in which the execution is to be enforced; Provided always, that the Bailiff of the diNo costs allowed for Vizion in which judgment was entered, shall not be compelled to go out

travelling out of

Division.

of his division, nor shall the cost of travelling from one division to another, be taxed against the person against whom the execution shall be issued.

No Execution on

XXVI. And be it further enacted by the authority aforesaid, That when any judgment in the said Court shall exceed the sum of Forty Shillings, Judgments over 40s. it shall not be lawful for the said Commissioners to issue any execution to issue within forty thereon, until the expiration of forty days from the time of giving and days. recording such judgment, unless the party obtaining judgment shall make

it appear by his own oath, or other testimony, to the satisfaction of the Unless in case of Commissioners, that he will be in danger of losing the debt in conse- danger. quence of such delay, in which case, and also in the case of any Judgment against a Clerk or Bailiff, for monies received by him and not paid over, it shall be lawful for the said Commissioners, or any one of them, to order the issue of execution at such time as he may think fit.

XXVII. And be it further enacted by the authority aforesaid, That Eight days notice no Bailiff shall proceed to the sale of any effects taken by virtue of any of Sale to be given, Writ of Execution issued by a Court of Requests, unless public notice in all cases. in writing be given at least eight days before such sale, at the most public place in the Town or Township where such effects may have been taken in Execution, of the time and place where such effects are to be exposed to sale.

the Superior Courts

limited to Court of

XXVIII. And be it further enacted by the authority aforesaid, That Costs on Actions in if any Action shall hereafter be brought in any of the Superior Courts, cognizable in the which might have been tried in the Court of Requests, no higher costs Court of Requests, shall be taxed to the Plaintiff than would have been recoverable in the Requests costs. Court of Requests, unless it shall be shewn to the Court, or to a Judge thereof, in vacation, that from the nature of the Plaintiff's evidence, or cases. Except in certain the situation of his Witnesses, he could not have proved his case in the Court of Requests, or unless in the Action in the Superior Court, the Defendant shall have been arrested.

Court may adjourn

XXIX. And be it further enacted by the authority aforesaid, That whenever either of the parties to any cause shall apply for an adjourn- any trial for sufficient ment, in consequence of the absence of some material Witness, or for reason. other sufficient reasons shown upon oath to the satisfaction of the Court, it shall be the duty of the Commissioners to grant the Application upon the payment of reasonable costs by the party applying for such adjournment.

XXX. And be it further enacted by the authority aforesaid, That the several fees and sums of money hereinafter limited and expressed, and no more shall be taken.