5. This Act shall commence and take effect on the first day of January in the year of our Lord one thousand eight hundred and forty one; provided always, that in the mean time the Justices of the Supreme Court may frame and prescribe the forms mentioned in the fourth Section; provided also, that nothing in this Act contained shall extend or be construed to extend to affect any proceedings in any action of replevin commenced before this Act goes into operation. 3rd VICTORIA-CHAPTER 65. An Act to amend the Law of Evidence in regard to the proof of Records and Letters Patent. Section. 1. Parts of Records when exemplified, and evidence. 2. Record of Grants, when copy evidence. 3. When part thereof sufficient. Section. 4. When copy of Plan may be annexed. 5. Nova Scotia Grants, how copies to be evidence. 6. Costs of, how allowed. Passed 31st March 1840. WHEREAS unnecessary expense is frequently incurred in the exemplification of Judgments in the Supreme Court ;— Be it enacted, &c.-1. When parts only of Records or Rolls of Judgments in the Supreme Court may be necessary to be given in evidence, exemplifications of such parts which may be so necessary may be received in evidence in any Court in this Province, without requiring the whole of the Record or Roll to be exemplified. 2. And whereas much expense is often incurred in procuring exemplifications under the Great Seal of Grants of Land by the Crown in this Province ;—A copy from the Record of any such Grant in the Office of the Secretary and Register of the Province, duly certified under the hand of such Officer, as having been examined by him with the Record, and found to be correct, or duly proved by any witness who shall have examined the same with the Record, shall be deemed and taken to be as good and sufficient evidence of such Grant or Letters Patent as an exemplification thereof under the Great Seal. 3. In the proof of title from the Crown by an exemplification under the Great Seal, or by a certified or an examined copy as is hereinbefore provided, it shall not be necessary to exemplify or copy the conditions contained in such Letters Patent, on the part of the grantees, their heirs and assigns, to be observed and performed, or any other clause in the said Letters Patent which may not be pertinent or relevant to the matter in question; and that no such exemplification or copy shall be rejected in evidence on account of the omission of such clauses, provided such omission do not prejudice the opposite party, or affect the merits in question. 4. Provided always, that when the said Letters Patent or Grant refer to any Plat or Plan as annexed thereto, no exemplification or copy of such Letters Patent or Grant shall be received in evidence, unless there be annexed thereto a true transcript or copy of such Plat or Plan, unless it be proved by the certificate of the Secretary and Register, or otherwise to the satisfaction of the Court at which the evidence may be tendered, that there is no such Plat or Plan entered with the said Grant or Letters Patent in the said Office of the Secretary and Register. 5. Grants of Land heretofore made under the Great Seal of Nova Scotia, prior to the erection and establishment of this Province, and registered in the Office of the Secretary and Register pursuant to an Act passed in the twenty sixth year of the Reign of King George the Third, intitled An Act for the registering of Letters Patent and Grants made under the Great Seal of the Province of Nova Scotia, of Lands now situate within the limits of this Province, may be proved by certified or examined copies thereof, or of the material parts thereof, in like manner as hereinbefore provided in respect to Grants passed under the Great Seal of this Province. 6. The expense of any exemplification, or copy of any Roll, Record, or Letters Patent, or any part thereof, or of any Plat or Plan given in evidence by virtue of this Act, may be charged and allowed in the taxation of costs in whole or in part by the taxing officer of the Court wherein the suit may be pending, whose decision thereupon may be reviewed by the Court as in ordinary cases. 10th VICTORIA-CHAPTER 1. An Act to re-establish the Easter Term of Her Majesty's Supreme Court of Judicature in this Province. Section. 1. Easter Term. 2. Commencement and duration. 3. How extended. Section. 4. Teste, &c. of Writs. 5. What Writs, &c. not to affect, and Passed 12th March 1847. Be it enacted, &c.-1. From and after the passing of this Act, there shall be a Term in the Supreme Court in this Province, to be called and known as the Easter Term, any law, usage, or custom to the contrary notwithstanding. 2. The said Easter Term shall be held on the second Tues. day in April in each and every year, and shall continue unto and include the Saturday following. 3. Provided always, that it shall and may be lawful for the Justices of the said Court, if they see fit, further to continue and extend the said Easter Term unto the week next succeeding the same, in like manner and subject to the same rules and provisoes 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. 4. The second Saturday after the first Tuesday in the said Easter Term established by this Act, shall be a day for the teste and return of all Writs in the said Supreme Court. 5. Provided always, that nothing herein contained shall extend or be construed to extend to affect any Writs, Processes, Executions, or, Rules Nisi, which may be returnable at the next Trinity Term; but that the same, and the proceedings which may be had thereon, shall be as valid and effectual as if the Term hereby established had not intervened; and that all Rules granted at the last Term and returnable at the next Term, may be argued and disposed of at the said Easter Term, in the discretion of the Judges of the said Court. 12th VICTORIA-CHAPTER 39. An Act to consolidate and amend various Acts of Assembly relating to the further amendment of the Law. Section. 1. Repeal of Acts. Section. 26. When defendants may require jury. 2. Abatement for nou-joinder of defendant, 27. When interest allowed on debts. how pleaded. 3. Recovery in new actions. 4. Plea of misnomer, when not allowed; when allowed, what proceedings. 5. Amendment, how ordered. 6. What proceedings if no order. 7. Arbitration by Rule of Court, when not revoked. 8. Attendance on, &c. how enforced. 9. Oath of witness. 10. Postea on award, how returned. 11. Bail, for what amount taken, &c. 12. Non-bailable process, how to proceed. 13. Render of defendant. 14. How, if in custody. 15. How in Common Pleas. 16. Corporations, how to proceed against. 17. When plaintiff may enter appearance for, &c. 18. When Executors, &c. liable to costs. &c. 20. Same on Count or part of Declaration. 23. Construction clause. 24. Assessment of damages, when and how maje. 25. After judgment, how to proceed for further breaches. 28. When jury may give damages as interest. 29. Where verdict, &c. suspended, by whom interest may be allowed. 30. Form of judgment to be prescribed. 31. What arrears of rent executor may train for. dis WHEREAS it is expedient that several Acts of Assembly relating to the amendment of the Law should be amended and consolidated into one Act; Be it therefore enacted &c.-1. The several Acts and parts of Acts hereinafter mentioned be and the same are hereby repealed, (save as hereinafter otherwise is provided) that is to say-An Act made and passed in the twenty sixth year of the Reign of His Majesty King George the Third, intituled An Act to prevent unnecessary expense in actions on the case on judgment by default; also an Act made and passed in the twenty sixth year of the same Reign, intituled An Act to prevent frivolous and vexatious arrests; also an Act made and passed in the fourth year of the Reign of King George the Fourth, intituled An Act to provide for the surrender of the principal in discharge of Bail in actions pending in the Supreme Court of Judicature of this Province; also an Act made and passed in the eighth year of the same Reign, intituled An Act for the more easy assessment of damages in actions on Bonds payable by instalments, and other similar instruments, and for the more convenient service of Writs of scire facias; also an Act made and passed in the ninth and tenth years of the same Reign, intituled An Act to prevent the failure of justice by reason of variances between Records and Writings produced in evidence in support thereof; also an Act made and passed in the same years of the same Reign, intituled An Act to continue and amend an Act, intituled "An Act to provide for the surrender of the principal in discharge of Bail in actions pending in the Supreme Court of Judicature in this Province;" also an Act made and passed in the fifth year of the Reign of His late Majesty William the Fourth, intituled An Act to make perpetual the Acts of the General Assembly relating to the surrender of the principal in discharge of Bail; also the ninth Section of an Act made and passed in the same year of the same Reign, intituled An Act to provide for the more convenient administration of Justice in the Supreme Court; also the sixth Section of an Act made and passed in the sixth year of the same Reign, intituled An Act to prescribe certain general regulations in respect to Corporations; also an Act made and passed in the seventh year of the same Reign, intituled An Act for the amendment of the Law and the better advancement of Justice; also an Act made and passed in the first year of the Reign of Her present Majesty, intituled An Act for the further amendment of the Law; also an Act made and passed in the fourth year of the same Reign, intituled An Act in further amendment of the Law; also the first Section of an Act made and passed in the sixth year of the same Reign, intituled An Act to amend the Law relating to the practice in the Inferior Court of Common Pleas, and render the same uniform in the several Counties; also an Act made and passed in the tenth year of the same Reign, intituled An Act for the further amendment of the Law and the better advancement of Justice; also an Act made and passed in the eleventh year of the same Reign, intituled An Act in further amendment of the Law: Provided always, that nothing in this Act contained shall extend to repeal any of the said recited Acts so far as they or any of them repeal any former Acts, or so far as respects any act, matter, or thing heretofore done under and by virtue of the |