2. Amendments in any process, pleading, or other legal proceeding, shall at any time be made and allowed, with or without a rule or order for that purpose, by any Judge or Court at discretion, either at Chambers, at Nisi Prius, or at Bar, and in no case shall an amendment be refused unless it shall be apparent to the Judge or Court, by affidavit or otherwise, that manifest injustice to the opposite party would be the result of such amendment, and that such injustice could not be prevented by granting further time to the opposite party, and the amendments may be made on such terms as to payment of costs and other conditions as may be deemed necessary.

3. In all actions of ejectment a joint demise of the lessors of the plaintiff shall in all cases be sufficient, and shall be deemed to be joint or several as the facts of the case may require, and shall have all the force and effect that several demises now have or heretofore have had.

4th GEORGE 4th-CHAPTER 18.

An Act in addition to an Act made and passed in the twenty sixth year of the Reign of His late Majesty King George the Third, intituled An Act for enabling the Justices of the Supreme Court to try all Causes at Nisi Prius, and authorizing Attorneys of the Supreme Court to practice in the Inferior Court of Common Pleas in this Province.

Section 1.-What Attorneys may practice in Common Pleas.

Passed 27th March 1823. WHEREAS in and by an Act made and passed in the twenty sixth year of the Reign of His late Majesty King George the Third, intituled An Act for enabling the Justices of the Supreme Court to try all Causes at Nisi Prius, and authorizing Attorneys of the Supreme Court to practice in the Inferior Courts of Common Pleas in this Province, it is enacted, that all and every of the Attorneys of the Supreme Court may commence, prosecute, or defend any action or suit for his or their clients, in any Inferior Court of Common Pleas in this Province ;

Be it enacted, &c.-1. From and after the passing of this Act, it shall not be lawful for any person not being an Attorney of the Supreme Court, to commence, prosecute, or defend

any action or suit for any person as his client, in any Inferior Court of Common Pleas in this Province, any law, usage, or custom to the contrary notwithstanding.

5th WILLIAM 4th-CHAPTER 29.

An Act to regulate the Fees in Actions not Summary in the Inferior Courts of Common Pleas, and to restrain the removal of such Actions to the Supreme Court.

Section.

1. Fees, how regulated.

Section.
2. Repealed.

Passed 17th March 1835.

WHEREAS the Fees in actions not summary in the Inferior Courts of Common Pleas in this Province, and in the Mayor's Court of the City of Saint John, required to be defined and established by law: And whereas the removal of causes from the said Courts to the Supreme Court after issue joined, or interlocutory judgment signed, has been found productive of great inconvenience and delay to suitors;

Be it enacted, &c.-1. The Fees in all actions hereafter instituted in the respective Inferior Courts of Common Pleas in this Province, or in the Mayor's Court of the City of Saint John, not coming within the summary jurisdiction of the said Courts, shall be taxed and regulated by the following Table of Fees, so far as relates to the Judges, Clerks, Attorneys, and Counsel, instead of by the Ordinance of the Governor and Council as heretofore accustomed.

TABLE OF FEES

To be allowed and taxed in actions not summary in the Inferior Courts of Common Pleas.

FOR THE JUDGES.

On the entry of every cause not settled at the return of the writ, five shillings.

On the entry of every cause for trial, three shillings and four pence.

On every judgment, three shillings and four pence.

Taking special bail and entering the same in bail book, three shillings.

Every summons granted or order made out of Court, two shillings and six pence.

Taking a deposition de bene esse, five shillings.

Justification or disallowance of bail, two shillings.

Appointment of a guardian or prochein ami, two shillings and six pence.

Taxing a bill of costs, two shillings.

Render of a defendant in discharge of bail (including the commitment or order for taking into custody), two shillings and six pence.

Every affidavit, for each deponent, one shilling.

The same fee to any person authorized to take affidavits to be read in Court.

CLERK.

Signing and sealing every writ or process, (including the filing of the docket or precipe therefor,) subpœna excepted, one shilling.

Entry of every cause, one shilling.

Entry of every rule, one shilling.

Entry of appearance or filing common bail, one shilling. Filing every process, pleading, or other paper, and marking the same as filed, six pence.

Copy of every common rule, one shilling.

Entering interlocutory judgment, one shilling.

Entering admission of guardian or prochein ami, one shilling. Every rule or order entered in the minutes, one shilling.

If more than one folio, for every additional folio, one shilling. Copy or transcript from the minutes or records, per folio, one shilling.

(A folio in all cases to include one hundred words.) Every search made in the files or minutes, one shilling. Signing and sealing every subpoena, and filing precipe, if any, six pence.

Entering a cause for trial, one shilling.

Calling and swearing jury, and taking and entering verdict or non-suit, or entry of discharge of jury, two shillings.

Swearing every witness or constable, and reading every paper in evidence, six pence.

Taxing costs where a trial has been had, two shillings.

Taxing costs in any other case, one shilling.

Making return to every writ of error, habeas corpus, or certiorari served on him, (exclusive of copy or transcript), two shillings.

Every certificate under the seal of the Court, (including the seal), two shillings.

On all moneys paid into Court to one hundred pounds, per pound, six pence.

All above one hundred pounds, per pound, three pence.

When such money is paid in by a defendant on a plea of tender or order obtained by him for paying money into Court, the poundage shall be paid to the Clerk in addition to the money paid in, and may be included in the defendant's taxable costs.

ATTORNEY.

Taking instructions to commence action, six shillings and eight pence.

Writing letter to defendant requiring settlement before action brought, five shillings.

Preparing every process in a cause excepting subpœna or writ of inquiry, three shillings.

The precipe or docket thereof, six pence.

Copy of the writ and notice, (when requisite) one shilling and six pence.

Drawing every declaration and copy to file, not exceeding ten folio, five shillings.

For every additional folio above ten, (when necessary) one shilling.

Every copy of declaration for adverse party, or when otherwise requisite, per folio, six pence.

Taking instructions to defend action or to enter special bail, six shillings and eight pence.

Special bail piece, one shilling and four pence.

Common bail or appearance, one shilling.

Drawing general issue, one shilling.

Each copy thereof, six pence.

Drawing every special plea, per folio, one shilling.

Each copy thereof, per folio, six pence.

Preparing a writ of inquiry of damages, four shillings, (or at the rate of one shilling per folio.)

Making up judgment roll, per folio, nine pence.

Attending assessment of damages before Court, three shillings

and four pence.

Attending assessment of damages before jury of inquiry, six shillings and eight pence.

Every subpoena, two shillings.

Every copy thereof or ticket, six pence.

Service on every witness, one shilling.

Attending the examination of a witness de bene esse, six shillings and eight pence.

Every notice, not exceeding one folio, one shilling.
For every additional folio, one shilling.

Every necessary copy thereof, per folio, six pence.
Serving every notice or other paper, one shilling.

Every summons or order of a Judge, (including attendance) three shillings and four pence.

Attending a Judge on summons in controverted cases, six shillings and eight pence.

Every necessary attendance before a Judge or the Clerk (not otherwise provided for), one shilling.

Preparing brief for trial or argument, six shillings and eight pence.

On entry of a cause for trial, five shillings.

Preparing every writ of scire facias, per folio, one shilling. Preparing bill of costs where a trial has been had, three shillings.

In any other case, one shilling and six pence.

Half of the above fees for a copy of bill of costs for client or adverse party when requisite, and no charge for a bill of costs to be allowed in any case before the entry of the cause on the return of the writ.

Preparing every affidavit or other paper not otherwise provided for, for the original, per folio, one shilling.

Every additional copy, per folio, six pence.

Every motion actually made in open Court and entered on the minutes, three shillings and four pence.

COUNSEL FEES.

Perusing and signing demurrers, special pleas, replications, rejoinders, &c. to which the signature of Counsel is necessary, eleven shillings and eight pence.

This fee to be allowed only for one signature, when more than one special pleading in a cause are prepared and delivered at the same time.

On every cause entered for trial and for every argument before the Court, not less than one guinea nor more than three guineas, at the discretion of the presiding Judge.

No other Fees than those herein before provided for are to be taxed in behalf of the persons in this Table named, in actions not summary in the Inferior Courts of Common Pleas.

2. Repealed by 13th Vic. cap. 47.