How petition may be answered. etc. 9. The petition may be answered by way of answer or demurrer in equity or at common law, by way of plea or demurrer, or by both pleas and demurrer, by or in the name of Her Majesty's Attorney-General on behalf of Her Majesty; and by or on behalf of any other person who may in pursuance hereof, be called upon to plead or answer thereto in the same manner as if such petition when prosecuted in a court of equity, were a bill filed therein, and as if such petition when prosecuted at common law, were a declaration in a personal action, and without the necessity for any requisition finding the truth of such petition or the right of the suppliant; and such and the same matter as would be sufficient ground of answer or defence in point of law or fact to such petition on the behalf of Her Majesty, may be alleged on behalf of any such other person as aforesaid called on to plead or answer thereto. Id. 9. Rules of plead10. So far as the same are applicable, and except in so far ing, evidence, as is inconsistent with this Act, the laws and statutes in force as to pleading, evidence, hearing and trial, security for costs, amendment, arbitration, special cases, the means of procuring and taking evidence, set off, appeal and proceedings in error, in suits in equity, and in personal actions between subject and subject, and the rules, orders, practice and course of procedure of the said court at law and in equity respectively for the time being in reference to such suits and personal actions, shall nnless the court otherwise orders, be applicable and apply and extend to such petition of right. Id. 10. Petition taken pro confess0. Setting aside decree. 11. In case of a failure on the behalf of Her Majesty, or of any other person as aforesaid called upon to answer or plead to such petition, to plead, answer or demur in due time, either to such petition, or at any subsequent stage of the proceedings thereon, the suppliant shall be at liberty to apply to the court or a judge for an order that the petition may be taken as confessed; and the court or judge, on being satisfied that there has been such failure to plead, answer or demur in due time, may order that such petition may be taken as confessed, as against Her Majesty, or such other party so making default, and in case of default on behalf of Her Majesty, and any other such person (if any) called upon as aforesaid, to answer or plead thereto, a decree may be made by the court, or leave may given by the court, on the application of the suppliant, to sign judgment in favor of the suppliant. be 1. Such decree or judgment may afterwards be set aside by such court or a judge in its or his discretion upon such terms as to it or him seem proper. Id. 11, TRIAL OF ISSUES. 12. Any issue of fact or assessment of damages to be tried Trial. or had under this Act shall be tried or had by a judge without a jury. Id. 13. JUDGMENT. 13. Upon every such petition of right, the decree or judg- Form of decree ment of the court, whether given upon demurrer, upon the or judgment. pleadings, or upon a default to answer or plead in time, or after hearing or verdict, or otherwise, shall be that the suppliant is or is not entitled either to the whole or to some portion of the relief sought by his petition, or such other relief as the court thinks right, and such court may give a decree or judgment that the suppliant is entitled to such relief, and upon such terms and conditions (if any) as such court thinks just. Id. 14. ment. 14. In all cases in which the judgment, commonly called a Effect of judgjudgment of amoveas manus was formerly in England pronounced or given upon a petition of right, a judgment that the suppliant is entitled to relief, as hereinbefore provided shall be of such and the same effect as such judgment of amoveas manus. Id. 15. COSTS. petition as 15. Upon any such petition of right, the Attorney-General Costs upon or other person appearing on behalf of Her Majesty, and every against the such other person as aforesaid, who appears and pleads, suppliant. answers or demurs shall be entitled respectively to recover costs against the suppliant in the same manner, and subject to the same restrictions and discretion, and under the same rules, regulations and provisions, so far as they are applicable as are or may be usually adopted, or in force, touching the payment or receipt of costs in proceedings between subject and subject; and for the recovery of such costs, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon judgments in personal actions or decrees, rules or orders, shall and may be prosecuted, sued out and executed respectively by or on behalf of Her Majesty, and of such other person as aforesaid, as appears and pleads to such petition; and any costs recovered on behalf of Her Majesty, shall be paid to the Provincial Treasurer, and form part of the Consolidated Revenue Fund of the Province. Id. 16. costs by the 16. Upon any such petition of right, the suppliant shall be Recovery of entitled to costs against Her Majesty and also against any suppliant. other person appearing or pleading, or answering to any such Judge's certificate to the Provincial suppliant is de petition of right, in like manner, and subject to the same rules, regula'ions and provisions, restrictions and discretion, so far as they are applicable as are or may be usually adopted, or in force, touching the right to recover costs in proceedings between subject and subject; and for the recovery of any such costs from any such person, other than Her Majesty, appearing or pleading, or answering in pursuance hereof to any such petition of right, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon rules, orders, decrees or judgments in personal actions between subject and subject, shall and may be prosecuted, sued out, and executed on behalf of such suppliant." Id. 17. 17. Whenever upon such petition of right, a judgment, order or decree is given or made that the suppliant is entitled Treas. when to relief, and there is no re-hearing, appeal, or proceeding in clared entitled. error, and wherever upon a re-hearing, appeal, or proceding in error, a judgment, decree or order is affirmed, given or made. that the suppliant is entitled to relief, and wherever any rule or order is made entitling the suppliant to costs, any one of the judges of the said court shall and may, upon application in behalf of the suppliant, after the lapse of fourteen days from the making, giving or affirming of such judgment or decree, rule or order, certify to the Provincial Treasurer the tenor and purport of the same, in the words or to the effect of Form No. 5 in the schedule to this Act; and such certificate may be sent to or left at the office of the Provincial Treasurer during office hours. Id. 18. Payment of judgment and costs. Act restrained 18. Upon the tenor and purport of any judgment, decree, rule or order being certified to him as aforesaid, the Provincial Treasurer shall pay out of any moneys in his hands, for the time being legally applicable thereto, or which may be thereafter voted by the Legislature for that purpose, the amount of any moneys and costs awarded by such judgment, decree, rule or order, to the suppliant in any such petition of right. Id. 19. 19. Nothing in this Act contained shall prevent any suppliant from proceding as before the passing of this Act. Id. 20. I, A. B., the within named suppliant, make oath and say, that, the facts and matters and things in the within named petition set forth and contained, are true, to my personal knowledge. Sworn, &c signed, FORM II. A. B. (Section 5.) The suppliant prays for a plea or answer on behalf of Her Majesty within twenty eight days after the date hereof, or otherwise that the petition may be taken as confessed. FORM III. NOTICE TO APPEAR To A. B. You are hereby required to appear to the within petition in Her Majesty's Court of Queen's Bench within eight days. and to plead or answer thereto within fourteen days after the date of service hereof. Schedules. Take notice, that if you fail to appear or plead or answer in due time, the said petition may, as against you, be ordered to be taken as confessed. (If the appearance is in person, the address of the party appearing to be given.) A. B., suppliant, I hereby certify that on the... VS The Queen. ...day of A.D., 18...., it was by the said Court of Queen's Bench, (at law or in equity) adjudged (or decreed or ordered) that the above named suppliant was entitled to &c. Dated &c. . Judge's signature. |