Be it enacted, &c.-1. The Trinity Term of the said Court shall commence on the second Tuesday in June in each and every year, and continue unto and include the Saturday following.

2. Provided always, that it shall and may be lawful for the Justices of the said Court, if they shall see fit, further to continue and extend the said Trinity Term hereinbefore established unto the week next succeeding the same, in like manner and subject to the same rules and provisions in all respects as are contained in an Act made and passed in the sixtieth year of the Reign of King George the Third, intituled 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, with regard to the Terms of the said Court.

3. The second Saturday after the first Tuesday in each and every Term of the said Supreme Court shall be a day for the teste and return of all writs in the said Court.

4. The Chief Justice for the time being, or any Justice of the said Supreme Court, may, at Sittings to be appointed in the manner hereinafter directed, try all manner of issues joined or to be joined in the said Court, triable by a Jury of the County of York, without any Commission being expressly made for that purpose; and it shall be lawful for any person or persons to take or sue forth writs and records of Nisi Prius for the trial of the said issues in the said County of York, as they may do upon any issue triable in any other County.

5. Such Sittings shall be held on such days and times, either before or after the respective Terms of the said Court, as the Justices of the said Court by rule or order made in Term time may find it fit and expedient from time to time to direct and appoint.

6. The said Chief Justice and Justices of the said Supreme Court, or any one or more of them, at such Sittings as aforesaid, shall and may inquire of, hear, determine, and punish all and all manner of crimes and offences committed within the said County of York, in like manner as the said Chief Justice and Justices may and have been used to do at the Terms of the said Court, without any Commission or Commissions of Oyer and Terminer and Gaol Delivery being expressly made for that purpose.

7. The Sheriff of the said County of York for the time being shall make return of all writs and precepts to him directed returnable at such Sittings respectively; and the said Sheriff, and the Coroner and Coroners, Bailiffs, Constables, and all officers and ministers of the law whatever within the said County of York for the time being, and also all jurors to be summoned, and all parties and witnesses in the causes, criminal and civil, to be heard and tried at such respective Sittings, shall give their attendance at such respective Sittings, and shall be charged and bound in such and the like manner, and upon like pains and penalties, for non-appearance and non-attendance, or for any misdemeanor or default at such Sittings, as if at the Terms of the said Supreme Court.

8. The Clerk of the Crown in the Supreme Court shall be Clerk of the Crown and also Nisi Prius Clerk at such Sittings in the County of York, and shall be subject to all the duties and entitled to all the rights, privileges, and emoluments of these offices respectively.

9. Repealed by 12th Vic. cap. 39. See post. page 348.

10. In any action brought in the said Supreme Court in which a postea shall be returned either from the Sittings in the County of York or from any Circuit Court in any other County, it shall be lawful for the Clerk of the Pleas, upon the production of the postea signed in the margin by the officer who returns the postea, to enter a rule for judgment on the postea, and to tax the costs and sign judgment, whereupon execution may be issued forthwith; provided always, that it shall be lawful for the Judge before whom such Sittings or Circuit Court shall be held, in any case where justice may appear so to require, either upon summons or not, according to the circumstances of the case, to order the returning of the postea and the entry and signing of judgment to be stayed until the Court shall make order in the matter at the next succeeding Term; and provided also, that no rule for judgment on the postea shall be entered by the Clerk of the Pleas under this Act, until the expiration of twenty days after the last day of the sitting of the Court from which the postea is returned; and in order to manifest such last day of the sitting of such Court, the officer who returns the postea shall set the same down in the margin of the postea when he signs his name thereto.

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11. Every judgment to be entered by virtue of this Act may be entered upon record as the judgment of the Court, although the Court may not be sitting on the day of the signing and entry thereof; and every execution issued by virtue of this Act shall and may bear teste on the day of issuing thereof; and such judgment and execution shall be as valid and effectual as if the same had been signed, entered of record, and issued according to the course of the common law.

12. Provided always, that it shall be lawful for the party entitled to any judgment under this Act to postpone the signing thereof; and provided also, that notwithstanding any judgment signed and entered of record, or execution issued by virtue of this Act, it shall be lawful for the Court to order such judgment to be vacated and execution to be stayed or set aside, and to enter an arrest of judgment, or grant a new trial, or a new writ of inquiry, or a new assessment of damages or of the amount to be recovered, as justice may appear to require; and thereupon the party affected by such writ of execution shall be restored to all that he may have lost thereby in such manner as upon the reversal of a judgment by writ of error, or otherwise as the Court may think fit to direct.

13. The Judges of the Supreme Court may from time to time make and establish such rules and orders relating to the matters contained in this Act, and also touching the award and return of any Jury process for trials at Nisi Prius, the same being not repugnant to this Act, as to them may seem expedient.

14. This Act shall commence and take effect on the first day of January one thousand eight hundred and thirty six; provided always, that the Judges of the Supreme Court may before that time make any rules and orders authorized by this Act, but not to go into operation before that day.

3rd VICTORIA-CHAPTER 51.

An Act to declare the Law with regard to Commissions for taking Affidavits to be read in the Supreme Court.

Section.

1. What Commissions valid.

Section.

2. Limitation as to Counties.

Passed 25th March 1840.

WHEREAS the Chief Justice and Justices of the Supreme

Court in this Province, under and by virtue of an Act of Parliament made and passed in the twenty ninth year of the Reign of King Charles the Second, intituled An Act for taking Affidavits in the Country to be made use of in the Courts of King's Bench, Common Pleas, and Exchequer, have been accustomed by Commissions under the Seal of the said Court to empower persons to take affidavits to be read in the said Court, and in many instances such Commissions have been general and not confined to any one County, and doubts are entertained whether such general Commissions are authorized by the said Act of Parliament ;

Be it declared and enacted, &c.-1. All Commissions heretofore made by the said Chief Justice and Justices, under and by virtue of the said Act of Parliament, shall be good and valid, notwithstanding any such Commission be general and not confined to any one County.

2. Hereafter it shall and may be lawful for the said Chief Justice or Justices to make and issue Commissions under the said Act of Parliament, either with limitation to any one or more Counties in the Province, or without any such limitation, as to them in their discretion may seem meet.

3rd VICTORIA-CHAPTER 63.

An Act further to regulate proceedings in Replevin, by allowing damages in certain cases to the defendant.

WHEREAS great injustice is sometimes committed by the wrongful replevin of goods and chattels, in consequence of the party from whose possession such goods and chattels may be taken by replevin not being entitled to recover damages where a return may be awarded;

Be it enacted, &c.-1. If upon the trial of any issue respecting the property in any action of replevin, or of any other issue which, upon the same being found in his favour, will entitle the defendant to judgment for the return of the goods

and chattels replevied, or any part thereof, the jury shall find such issue in favour of the defendant, such jury may, if they shall think fit, give damages to the defendant; and the defendant may enter up his judgment thereupon with such damages and the costs of suit, and may issue execution for such damages and costs in like manner as he now may for the costs of suit only.

2. And whereas it may often be of advantage to allow the goods and chattels which may be wrongfully replevied to be valued by the jury at the trial of any such issue as aforesaid, and such value to be awarded to the defendant in damages;— In all cases where the property may not have been already restored to the defendant, the jury on the trial of any such issue as aforesaid may, at the instance and request of the defendant in whose favour such issue may be found, award to such defendant the value of the goods and chattels in damages; and in such case it shall be so specifically stated in the rendering of their verdict; and the defendant shall be thereupon entitled to enter up his judgment for the recovery of such damages, and to issue execution thereupon, instead of entering up judgment de retorno habendo as heretofore accustomed, and upon the award of such value in damages and judgment thereupon, the defendant's right and interest in such goods and chattels shall become vested in the plaintiff.

3. All obligors in replevin bonds to be made after this Act takes effect, shall become liable and bound to the payment of any such damages as may be awarded to the defendant by virtue of this Act.

4. The Justices of the Supreme Court, or any three of them, shall have power and they are hereby authorized and required at any Term of the said Court which may occur after the time of passing this Act, to frame and prescribe proper and suitable forms for the replevin bonds hereafter to be taken, and for the entering of any verdict or judgment pursuant to this Act, which shall be published in the Royal Gazette; and such forms shall, from the time of this Act taking effect, be observed and complied with in the same manner as if the same were in this Act specified and contained; and such forms shall be applicable to the Inferior Court of Common Pleas as well as the Supreme Court.