of holding the Court of the Governor and Council for causes of Marriage and Divorce ; Be it enacted, &c.-1. The sixth Section of an Act made and passed in the thirty first year of the Reign of King George the Third, intituled An Act for regulating Marriage and Divorce, and for preventing and punishing Incest, Adultery, and Fornication, and also an Act made and passed in the forty eighth year of the same Reign, for altering and amending the said recited Act, be and the same are hereby repealed. 2. The fixed and stated Terms of holding the Court of the Governor and Council for the purposes and causes mentioned in the said recited Act of the thirty first year of the Reign of King George the Third, shall be and commence on the second Tuesday in February, the third Tuesday in June, and the third Tuesday in October in each and every year, and shall continue during the space of ten days. 10th VICTORIA-CHAPTER 38. An Act for the further regulation of the Court of Governor and Council in causes of Marriage and Divorce. Section. 1. Proceedings for contempt. Section. 2. Form of process in the Court. Schedule. WHEREAS it is expedient that certain regulations should be made to expedite the proceedings in the Court of Governor and Council in suits of Marriage and Divorce ; Be it therefore enacted, &c.-1. In all causes which by the Laws of this Province are cognizable in the Court of Governor and Council for hearing causes of Marriage and Divorce, when any person or persons having been duly cited to appear in such Court, or required to comply with the lawful orders or decrees, as well final as interlocutory, of such Court, shall neglect or refuse to appear, or neglect or refuse to pay obedience to such lawful orders or decrees, or when any person or persons shall commit a contempt in the face of such Court, it shall be lawful for the Court who issued out the citation, or whose lawful orders or decrees have not been obeyed, or before whom such contempt shall have been committed, to pronounce such person or persons in contempt, and thereupon a Writ de contumace capiendo, in the form to this Act annexed, shall issue out of the said Court, directed to any of the Sheriffs of the several Counties in this Province within whose bailiwick the person or persons so in contempt may be alleged to be, returnable on the first day of the next Term of such Court, and tested the last day of the preceding Term, or if issued in Term time, returnable on any day in such Term to be directed by the said Court, and tested the first day of the said Term; and all Sheriffs, gaolers, and other officers, are hereby authorized and required to execute the same, by taking and detaining the body of the person against whom the said Writ shall be directed to be executed; and upon the due appearing of the said party so cited, and not having appeared as aforesaid, or the obedience of the party so cited and not having obeyed as aforesaid, or the due submission of the party so having committed a contempt in the face of the Court, the said Court shall pronounce such party absolved from the contempt aforesaid, and shall forthwith make an order on the Sheriff or other officer in whose custody such party may be, for discharging such party out of custody; and such Sheriff or other officer shall, on the said order being shewn to him, as soon as such party shall have discharged the costs lawfully incurred by reason of such contempt, forthwith discharge him. 2. The said Court shall have full power and authority from time to time to direct and declare the forms of process, and to prescribe, modify, alter, and amend the practice and proceedings to be observed in all matters of which the said Court now has or hereafter may have cognizance and jurisdiction. SCHEDULE. Form of Writ De Contumace Capiendo. Victoria, &c. To the Sheriff of Greeting: Whereas is manifestly contumacious and contemns the jurisdiction and authority of the Court of Governor and Council for Marriage and Divorce [here state fully the non-appearance, disobedience, or the contempt in the face of the Court, as the case may be] You are hereby commanded to attach the said by body until shall make satisfaction for the said contempt; and how you shall execute this precept, notify unto the said Court on next, and in no wise omit this: and have you there then this Writ. Witness Lieutenant Governor (or Administrator of the Government, as the case may be) in the said Province. 26th GEORGE 3rd-CHAPTER 20. An Act for admitting Depositions de bene esse of Witnesses aged, infirm, and otherwise unable to travel, and of Witnesses departing from the Province. Be it enacted, &c.-1. When it shall so happen that any of the witnesses which shall be judged necessary to be produced on the trial of any cause between party and party, shall be infirm, aged, or otherwise unable to travel, or when any such witness or evidence is obliged to leave the Province, it shall and may be lawful for any one of the Judges of the Court where the cause is to be tried, after declaration filed, on due notice given to the adverse party to be present (if he sees fit) to take the deposition of such infirm or aged person or persons unable to travel, or who is obliged to leave the Province; and such depositions so taken and certified under the hand and seal of the said Judge, and sealed up and directed to such Court, shall be received as legal evidence in such cause, and also, when the title to land shall be in question, in all future causes between the same parties or persons holding under them for the same land. 2. Provided that proof be made on oath that due notice was given to the adverse party of the time and place of taking such depositions. 3. And provided nevertheless, that if such witnesses shall at the time of the trial of the cause be in the Province, or able to travel, they shall be required to give their testimony viva voce at such trial, in the same manner as if such depositions had not been taken. 4. Provided also, that all benefit of exceptions to the credit of such deponents shall be reserved in the same manner as on producing witnesses for examination viva voce at the trial. 5. Every person of the profession of the people called Quakers, who shall be required to take an oath as aforesaid, shall instead of an oath be permitted to make his or her solemn affirmation. 6. Every person who shall have made such oath or solemn affirmation, and shall be convicted of wilfully, falsely, and corruptly having sworn or affirmed any thing, shall incur the same penalties as persons convicted of wilful and corrupt perjury. 60th GEORGE 3rd-CHAPTER 7. An Act to enable the Justices of the Supreme Court to enlarge the time of the Sittings of the said Court, when the same shall be expedient. 1. When Sittings of Supreme Court may be 2. Teste days of Writs unaltered. adjourned. Passed 20th March 1820. WHEREAS it frequently happens that the established duration of the Terms of the Supreme Court is not sufficient for the requisite trial of causes and the hearing of matters depending in the said Court ; Be it enacted, &c.-1. From and after the passing of this Act, it shall and may be lawful for the Justices of the said Court, if they shall deem the same to be expedient, to adjourn the Sittings of the said Court to the week next succeeding the said Terms respectively, and that all causes and matters heard and determined on any day during the week next succeeding the said Terms respectively, pursuant to such adjournment, shall have the same and the like force and effect, to all intents and purposes, as if such causes and matters had been heard and determined at any time during the said Terms respectively, and all parties concerned shall take due notice of such adjournments, from time to time respectively, and govern themselves accordingly; subject always to such rules and regulations as may by the Justices of the said Court from time to time in that behalf be made and established; provided that no trials of any issues by jury shall be had at any such adjourned Sittings, any thing herein contained to the contrary notwithstanding. 2. Provided also, the days of the teste and return of all Writs in the said Court shall be and remain the same as heretofore established, any thing in this Act to the contrary thereof in any wise notwithstanding. 8th GEORGE 4th-CHAPTER 2. An Act to prevent unnecessary delay and expense in proceedings against persons having privilege of the General Assembly. 1. Appearance for Members of Assembly. 2. What privileges reserved. Passed 19th March 1827. WHEREAS the mode of proceeding against persons having privilege of the General Assembly by distringas, is extremely dilatory and expensive;— Be it enacted, &c.-1. From and after the passing of this Act, when any Summons shall be sued out against any Member of His Majesty's Council, a Member of the House of Assembly, or other persons having privilege of the General Assembly, if the defendant or defendants shall not appear at the return of the summons, or within twenty days after such return, in every such case it shall and may be lawful to and for the plaintiff or plaintiffs, upon affidavit being made and filed in the proper Court, of the personal service of such summons, to enter an appearance or appearances for the defendant or defendants, and to proceed thereon as if such defendant or 'defendants had entered his or their appearance. 2. Provided nevertheless, that nothing in this Act contained, shall extend or be construed to subject any person whatsoever, entitled to the privilege of the General Assembly, to be arrested, restrained, or imprisoned, during the term of such privilege; but that every such person shall continue to be exempt therefrom, in like manner as if this Act had not been made. |