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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.

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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 Orders.

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
hearing.

42 Person who has made an affidavit
may be examined viva voce.
43 Liable for non attendance as in
other cases. Who to bear ex-
pense of.

44 Judge may direct an issue.

18 Where defendant's residence is 45 Rules as to objection for want of

not known.

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parties.

Cause cannot be set down for
hearing on objection for want of
parties.
Procedure where there is no legal
representative of a deceased per
son who was interested in pro-
ceedings.

48

When copies of writings served fourteen days before hearing admissible in evidence.

49

50

27 Consent of party appearing as next friend, &c., to be obtained. 51 28 Copy of interrogatories to be served on Defendant appearing. 52 29 When Bill may be taken pro con fesso

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53 Declaratory decree.
54 Suit not to abate by reason

Section.

55 Bill of Revivor not necessary.
56 How facts occurring after com-

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
without suit; and to whom.
58 Court may direct sale of real es
tate when personal insufficient to
pay debts of deceased person.
59 Court may by order vest lands in
purchaser or other person.
60 Mode of settling minutes of de-

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ence.

91

Proceedings where there are accounting parties.

92

93

Objectionable items in accounts to be specified by party objecting. Objections, when made and argued.

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
produced on hearing of appeal.
65 Court to appoint officers to make 99
sales of real estate.

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May order specific performance
of contract by infant Leir.
Sale of infant's real estate, how
and when made.

Conveyance by guardian in pur
şuance of order of Court good.
Infant to be ward of Court.
Sale not to change extent of in-
fant's interest in proceeds.
Conveyance to be evidence of
regularity of proceedings.
Recognizance of Guardian.
When Guardian may be appoint.
ed without a reference.
Foreclosure of Mortgages.
106 Summons; indorsement thereon.
107 Proceedings for foreclosure and
sale.

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-
cree may proceed.

75 Writs for possession of lands.
76 Shall be served as writs of Habere
facias possessionem. Costs and
expenses of service.

77 Judge may order Commissions for
the examination of witnesses to
issue.

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.
81 When matters in question or doubt
may be stated as a special case.
82 Mode of stating same.

83 Shall be signed by Solicitors and
filed.

84 Parties thereto subject to jurisdiction of Court as in other cases. 85 Court may decide, and make binding declarations of rights.

86 Executors, &c.acting under declaration, protected thereby. Proceedings on a Reference.

87 Reference, when made. 88 Summons to proceed,

108 Conveyance after sale: what to
contain; registry thereof.
& 110 Application of proceeds

109

111

of sale.

Defendant may stop suit by pay ment of principal, interest and

costs.

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Section.

Trusts and Trustees.

124 The Court to exercise powers given by "The Trustee Act of 1850," &c.

125 May remove Trustee and appoint a new Trustee.

126 New Trustee to have same pow ers, &c., as the one removed. 127 "The Trustee Act of 1850," &c. to apply.

128 Court may allow Trustees remuneration.

Section.

159 The Court may order admeasure ment of dower; proceedings thereon.

160 May appoint Commissioners. 161 Commissioners to be sworn. 162 If any die or refuse to serve, others may be appointed. 163 Duties of Commissioners. 164 Court may enlarge time for making report.

165 May set aside or confirm same. 166 When admeasurement tobe bind

129 Purchasers from Trustees not ing; arrears how recovered. bound to see to application of 167 Registry of order, effect of. purchase money. 168 In case of a special report under Section 163.

130 Trustee may, without suit, apply to Court for direction. Lunacy.

131 When Court may order commission de lunatico inquirendo to issue.

132 How commission shall be ad

dressed; return.

133 Proceedings and practice. 134 Court may direct management of lunatic's estate. 135 & 136 When committee may let or underlet lunatic's lands. 137 How absolute sale made. 138 Discharge of mortgages or liens. 139 Lunatic Trustee may be compelled to make conveyance, &c. 140 Acts done hereunder good against lunatics.

141 Proceedings where lunatic's pro perty does not exceed $2,000. 142 What Petition hereunder shall contain.

Adoption of Children.

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185 Registry of orders appointing a Committee.

143 Petition to adopt child ani 186 No appeal from Judge's order.

change name.

144 & 145 Whose consent necessary. 146 Decree; effect of.

147 As regards natural parents. 148 As to adopting parents. 149 As to descent of property coming to child so adopted. Dower.

150 Petition for admeasurement of. 151 Upon whom and when served. 152 How served.

153 Appointment of guardian for infant heirs.

187 Evidence may be taken before a County Court Judge.

188 Registrar shall file Orlers Q and R, &c.

189 Powers of Committee. 190 Suit not to abate by appointment of Committee.

191 Trust property vested in habitual drunkard not affected hereby. 192 Committee may sue in their own

names.

193 When habitual drunkard may petition to have order annulled. Hearing thereon.

154 Notices to be served on guardian. 194 155 Persons interested may require 195 widow to demand dower.

156 May petition Court for admea- 196 surement in case of neglect by widow.

157 Petition to be served on widow. 158 Persons interested may appear

jointly.

Service of annulling order; re-
gistry thereof.
Effect thereof.

197 Vexatious proceedings, costs of.
198 Evidence taken before County
Court Judge to be filed with
Clerk.
Schedule.

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, Chap. ter 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 respective 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

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