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Fort Havoc (Wallace Hale)

The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. I.

An ACT to prevent the failure of Justice by reason of variances between Records and Writings produced in evidence in support thereof.

Passed 10th February, 1829.

Preamble.

WHEREAS great expense is often incurred, and delay or failure of Justice takes place at trials by reason of variance between writings produced in evidence and the recital or setting forth thereof upon the record or pleadings on which the trial is had, in matters not material to the merits of the case, and such record or pleadings cannot now in any case be amended at the trial and in some cases cannot be amended at any time; for remedy thereof;

In cases where a variance shall appear between written or printed evidence and the record, the Court may order the record to be amended on payment of costs.

Be it enacted by the Lieutenant Governor, Council, and Assembly, That it shall and may be lawful for every Court of Record helding plea in civil actions, any Judge sitting at Nisi Prius, and Court of Oyer and Terminer and General Gaol Delivry, within this Province, if such Court or Judge shall see fit so to do, to cause the record or pleading on which any trial may be pending before any such Judge or Court in any civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital and setting forth thereof upon the record or pleading whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court on payment of such costs (if any) to the other party as such Judge or Court shall think necessary; in case such trial should be had at Nisi Prius, the order for the amendment shall be endorsed on the postea and returned together with the record; and thereupon the papers, rolls and other records of the Court from which such records issued shall be amended accordingly.

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C. 1. Anno IX. & X. Geo. IV. A. D. 1829.

Index

Preamble.		WHEREAS great expense is often incurred, and delay or failure of Justice takes place at trials by reason of variance between writings produced in evidence and the recital or setting forth thereof upon the record or pleadings on which the trial is had, in matters not material to the merits of the case, and such record or pleadings cannot now in any case be amended at the trial and in some cases cannot be amended at any time; for remedy thereof;
In cases where a variance shall appear between written or printed evidence and the record, the Court may order the record to be amended on payment of costs.		Be it enacted by the Lieutenant Governor, Council, and Assembly, That it shall and may be lawful for every Court of Record helding plea in civil actions, any Judge sitting at Nisi Prius, and Court of Oyer and Terminer and General Gaol Delivry, within this Province, if such Court or Judge shall see fit so to do, to cause the record or pleading on which any trial may be pending before any such Judge or Court in any civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital and setting forth thereof upon the record or pleading whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court on payment of such costs (if any) to the other party as such Judge or Court shall think necessary; in case such trial should be had at Nisi Prius, the order for the amendment shall be endorsed on the postea and returned together with the record; and thereupon the papers, rolls and other records of the Court from which such records issued shall be amended accordingly.