All matters not jury cases are disposed of by the Court on application.

The County Court is held for the trial of actions of debt or damage up to $1000. Actions of ejectment, libel, false imprisonment, and some others, are excluded from the cognizance of these Courts.

This Court is held every month, and disposes of the cases brought before it without pleadings, and in a summary and expeditious manner. The Province is divided into six districts for this purpose.

The Justices of the Peace have no civil jurisdiction. The Justices examine into all criminal cases, and if a prima facie case is made out hold the accused for trial. At the assizes and after committal, the case goes before the grand jury, and if a true bill is found the prisoner is put on his trial; if no bill is found he is at once discharged.

The municipalities have also limited jurisdiction for enforcing their By-Laws.

CHAPTER II.

COMMENCEMENT OF SUITS.

Civil suits in the Supreme Court are commenced by writ of summons, to which the defendant has to appear in eight days; if he fails to appear after due service, the plaintiff signs judgment for his debt; if he appears, the plaintiff proceeds to state his cause of action in a pleading called a statement of claim, to which the defendant replies by a statement of defense, and in the majority of cases the action being thus put in issue is set down for trial; but any neglect of the defendant to proceed according to the rule, subjects him to the penalty of having judgment signed against him. In some cases the pleadings extend considerably beyond this, until at last they arrive at issue and are then ripe for trial.

In the generality of cases a jury is not summoned unless at the request of either plaintiff or defendant, but the Judge disposes of both law and fact.

In actions on simple contract debts the defendants are not allowed to defend except on special ground shown in affidavits. All writs must be personally served, unless the defendant is keeping out of the way to avoid service, and then the Court allows substituted service. If the defendant is abroad, whether a foreigner or not, special forms of writ are provided, but the service must be personal.

Suits can be disposed of at any place the plaintiff fixes; liable to be changed on good cause shown.

There is no distinction in the form of suit between law and equity, and the principles of equity control all cases.

The new English Judicature Acts have been adapted to the Province, greatly facilitating the collection of debts.

CHAPTER III.

LIMITATION OF ACTIONS.

Six years is the limitation of all simple contract debts; twenty years for all speciality debts. In case the cause of action arose in a foreign country, the defendant may plead the statute of limitations of such country as a bar. A foreign judgment is placed on the same footing as a simple contract debt, and has to be sued within the same time.

CHAPTER IV.

ATTACHMENTS-ARRESTS IN CIVIL ACTIONS. Attachments are not allowed, except the debtor has ab

sconded.

Arrest in civil actions is in practice only resorted to for the purpose of compelling a defendant who is about to leave the

jurisdiction to give security for the alleged debt. The Sheriff keeps him in charge until he has put in security, or until the trial of the action. There is no imprisonment for debt; but in case a judgment debtor is about to abscond, he can be arrested upon an order of the Supreme Court, which can be obtained on certain facts being proved. County Court Judges have power of committal for disobedience of orders for payment of money.

CHAPTER V.

JUDGMENTS AND JUDGMENT LIENS.

A judgment binds the lands of a debtor when registered. It also enables a creditor to seize the goods of his debtor, or to compel payment of debts due to the debtor, to himself, under what are called garnishee proceedings; but a judgment does not bind the personal property of the debtor until the writ of execution is in the hands of the Sheriff.

CHAPTER VI.

EXECUTIONS-EXEMPTIONS-REDEMPTION

SALE.

Executions are enforced against the land and personalty of

the debtor.

The debtor is entitled to an exemption of five hundred dollars in personalty.

For homestead exemption see "Homesteads."

The debtor may redeem his property at any time before sale. Personal property has to be sold without any delay, and by public auction. Real property is advertised thirty days.

CHAPTER VII.

SECURITY FOR COSTS.

Is always required when the plaintiff is resident out of the jurisdiction of the Court, in an amount of one hundred dollars; but if within the jurisdiction, he may commence actions in forma pauperis, if he is not in a position to pay fees.

CHAPTER VIII.

APPEALS.

Are allowed from the County Courts to the Supreme Court, if notice given within 10 days after the decision is objected to; from the Police and Magistrate Courts to the Supreme Court, if applied for in four days; from the Supreme Court to the Privy Council of England, or the Supreme Court of Canada, if the amount in dispute is over fifteen hundred dollars. Security required is five hundred dollars in the two latter cases.

CHAPTER IX.

ESTATES OF DECEASED PERSONS.

Intestate estates, when there is no next of kin or creditor who desires administration, are managed by the registrar of the Supreme Court as administrator. There is no statutable time for sending in claims, but every estate is advertised and a time fixed for distribution. The claims have to be sworn to-if from a foreign country-before a Notary Public, attested by the British Embassador, Consul, or Charge d'Affaires. Twelve months is the time allowed to settle the estate, whether the deceased died intestate or not. If the deceased left a will legally executed, his executors manage the estate without filing any security, and only file accounts at the end of the twelve months.

If they neglect their duty, the devisees have a legal remedy, but the Court does not control them.

By a Provincial Statute, lands of an intestate descend to the same persons who would be next of kin of personal estate, but in such a case the widow is only entitled to dower, which is a life interest in one-third.

A testator may devise land as he pleases by his will. Neither the widow or children are entitled by law to any interest.

Wills of foreigners which have been duly proved in any foreign Court are admitted to probate on production of a duly certified record of the proceedings.

CHAPTER X.

HOMESTEADS.

Land to the value of twenty-five hundred dollars may be made a homestead, if duly registered as such, at a time when the owner was free from debt, and everyone is entitled to claim $500 or chattels to this value against any execution creditor, in addition to the homestead on land.

CHAPTER XI.

DEPOSITIONS.

For matters in civil suits, evidence abroad is generally taken by Commissioners appointed by a Judge of the Supreme Court. In other matters affidavits can be taken before any Minister, Embassador, Consul, Vice-Consul, or Consular Agent, and if there is no one representing these functionaries, then before a Notary Public duly certified to be such by the Governor or Secretary of State.