~..--.

I (‘1

no In

..........- H . .. . .. ..

EDWARD WIIELAN, QUEEN'S l’lthJ'l'lGlt.

-v... v -. - .c- .- .. . .

\'t)l.. l. ~~ NH. ‘29.

Charlottetown, Prince Ed‘ an] Island, Thursday, September :26, “07.

LAWS OF PRINCE EDWARD ISLAND.

V‘xw‘. \Iw

Wm“

‘Mv

An Act relatiugto Practice and Pleading in the Supreme Court. [Passed May 17.}

' E it enacted by the Lieutenant Governor, Council. and Assembly, as follows 1——

I. Current Gold and Silver Coin may be taken in execution, and may be paid to the creditor as moneyr collected, Government Dc- bentures, Treasury Warrants and Notes, and Bank Notes, and all bills or evidences of debt issued by any Corpoation, and calculated as money, may be taken in executimr and paid to the creditor at their par value, as money col— lected, if he will. accept them, otherwise they shall be sold after giving two calendar month’s notice of sale thereof in the Royal Gazette newspaper.

II. The necessary wearing apparel and bed- ding of the debtor and his family, and the tools or instruments of his trade or calling, five pounds in money, and his last cow shall be exempted from execution.

III. All distinction of suing or being sued as an attorney shall be abolished.

IV. Upon the trial of any cause, civil or criminal, the addresses to the jury shall be regulated as follows: The party who begins, or his counsel, shall be allowed, in the event of his opponent not announcing at the close of the case of the party who begins his intention to adduce evidence to address the jury a second time, at the close of such case, for the purpose of summing up the evidence, and the party on the other side, or his counsel, shall be allowed

to open the case, and also to sum up the evidence, if any, and the right to reply shall be the same as at present.

V. It shall be lawful for the presiding Judge, at the trial of any cause where he may deem it right for the purposes of justice, to male an adjourmnent for such time, during the same term or sittings, and subject to such rules and conditions, as to costs or otherwise, as he may think lit.

VI. When :interloetury costs shall be taxed against any party, 3xecution may be issued ltll‘ the recovery thereof.

VII. When. a Judge has power to grant an order, he may, in place thereof, grant a rule nisi, returnable in Town, and the Court, in term, may make a rule returnable at Chambers.

VIII. When cases shall have been fully argued, and the seve 'al Judges who heard the argument have decided upon the judgment to be delivered, and have reduced their Opinion to writing, the judgment ofthe Court may be pronounced at Chambers, after the seve'al opinions have been read.

IX. Upon motions, founded upon affidavits, it shall be lawful for either party, with leave of the Court or a judge, to make allidavits, in answer to the allidavits of the opposite party, upon any new matter arising out of such all-i- davits, subject to such rules as may be made by the said Court or Judge, respecting such allidavits.

X. Upon the hearing of any motion or summons, it shall be lawful for the Court or a Judge, at their discretion, and upon such terms as they shall think reasonable, from time to