A.D. 1873.]

SUPREME COURT.

[No. 3.

319

the plaintiff shall not have costs against the defendant unless the Judge certifies his approval of the action and verdict or, when the trial is had without a jury, of the action only.

(2.) If a verdict or judgment is given for the defendant or the plaintiff becomes nonsuit or discontinues the action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs, and shall have the like remedy for the same as any defendant has by law for costs in other cases.

20.-(1.) No such action shall be brought except within three months Limitation of after the act of commission or omission complained of.

(2.) Notice in writing of every such action and of the cause thereof procedure, in shall be given to the intended defendant one month at least before the commencement of the action.

(3.) The plaintiff shall not recover if tender of sufficient amends is Court. made before an action is commenced, or if, after an action has been commenced, a sufficient sum of money is paid into Court by or on behalf of the defendant, and the defendant undertakes to pay costs when taxed.

Place of Sitting.

21. The Court shall hold its sittings in the present Supreme Court Place of holding sittings. building or in such other place as the Governor may from time to time appoint.

Business of the Court.

22. The Chief Justice shall regulate the distribution of business in Distribution the Court, and all actions and other proceedings whatsoever, except appeals, may in the first instance be heard before either of the two Judges sitting alone, unless the Chief Justice directs that the same shall be heard before the Full Court.

Full Court.

23. There shall be an appeal as of right from every decision of one Appeals to the of the Judges sitting alone on the trial of any action or other proceeding (other than a criminal trial), and every appeal from such decision or from the decision of any Magistrate, and every question of law reserved for further consideration on any such criminal trial, shall be heard before the Full Court.

Double or casting vote of Chief

24. Whenever the Full Court sits under the provisions of the last preceding section or for the trial and determination in the first instance of any action or other proceeding whatsoever, and there is a difference Justice. of opinion between the two Judges, the Chief Justice shall have a double or casting vote.

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