Fees. Rev. Stat. c. 22. On every certificate of action instituted, judgment or decretal order ..$0 50 0 30 2.00 0.20 0 20 On setting down on the paper for argument of every demurrer, R. S. O. 1877, c. 39, s.53; c. 40, s. 105; 44 V. c. 5, Rule 432. 156. In addition to all fees otherwise authorized to be levied on proceedings in cases brought to the Court of Appeal from the High Court, the following fees shall be payable to the Crown in stamps, subject to the provisions of The Act respecting Law Stamps: On every appeal entered....... On every judgment, decree, or order of the Court passed and $4.00 2.00 R. S. O. 1877, c. 38, s. 55. COUNTY COURTS AND JUDGES. Local Judges 157. The Judges of the several County Courts shall be of High Court. Judges of the High Court for the purposes of their jurisdiction in actions in the High Court; and in the exercise of such jurisdiction may be styled "Local Judges of the High Court," and shall, in all causes and actions in the High Court, have, subject to Rules of Court, power and authority to do and perform all such acts, and transact all such business in respect to matters and causes in and before the High Court as they are by Statute or Rules of Court in that behalf from time to time empowered to do and perform. 44 V. c. 5, s. 76. Transfer to High Court from County and Division Courts. Order in TRANSFERRING CAUSES FROM COUNTY OR DIVISION COURTS TO 158. In cases before any County or Division Court where the defence or counter claim of the defendant involves matter beyond the jurisdiction of the Court, the High Court or any Division or Judge thereof, may on the application of any party to the proceeding, order that the whole proceeding be transferred from such Court to the High Court, or to any Division thereof; and in such case the Record in such proceeding shall be transmitted by the Clerk or other proper officer, of the County or Division Court to the said High Court; and the same shall thenceforth be continued and prosecuted in the said High Court as if it had been originally commenced therein. 44 V. c. 5, s. 78. (See cap. 47, s. 22, and Cap. 51, s. 74.) MISCELLANEOUS. 159-(1) Every Order in Council determining the commutaCouncil as to tion allowance or the salary of any Judge, Official Guardian or other officer, under the authority of this Act, shall be laid be allowances and salaries sub by Legislative fore the House of Assembly forthwith, if the Legislature is in ject to session at the date of the Order, and if the Legislature is not ratification then in session, the Order shall be laid before the said House Assembly. within the first seven days of the session next after the Order in Council is made. (2) In case the Assembly at the said session, (or, if the session does not continue for three weeks after the said Order is laid before the House, then at the ensuing session of the Legislature,) disapprove by resolution of such Order in Council, either wholly, or so far as relates to any of the persons therein named, the Order in Council, so far as so disapproved of, shall have no effect from the time of such resolution being passed. 44 V. c. 5, s. 81. 160. This Act shall not affect, the issue of any Commissions Saving as to of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, or circuits,etc. other commission for the discharge of civil or criminal business on circuit or otherwise; or the authority of a Judge or a retired Judge of any of the Superior Courts, or a Judge of a County Court, or one of Her Majesty's Counsel learned in the law, to preside without any commission at any Court of Assize, Oyer and Terminer, and General Gaol Delivery, or at a Court held under this Act in the exercise of the jurisdiction now belonging to the Courts of Assize, Oyer and Terminer, and General Gaol Delivery, or the authority of any such Judge or retired Judge of a Superior or County Court, or Counsel learned in the law, to hold any sitting for the hearing of causes; and any such Judge or Counsel shall after the commencement of this Act have the same authority to preside as aforesaid, or to hold any sitting of the High Court for the hearing of causes in the High Court respectively, which such Judge or Counsel now has to preside at Courts of Assize, Oyer and Terminer, and General Gaol Delivery, or to hold a sitting of the Court of Chancery for the hearing of causes; and any such Judge or Counsel when presiding as aforesaid with or without a commission, or when holding any sitting as aforesaid, shall be deemed to constitute a Court. 44 V. c. 5, s. 85. open to 161. Every person shall hereafter have access to and be All books in entitled to inspect the several books of the High Court and which writs, judgments, of the County Courts, containing records or entries of the etc., are writs issued, judgments entered, and chattel mortgages and entered to be bills of sale filed; and no person desiring such access or inspection. inspection shall be required, as a condition to his right thereto, to furnish the names of the parties or the style of the causes or matters in respect of which such access or inspection is sought; and the registrars and deputy-registrars of the High Court and all clerks of the County Courts of the Province respectively, shall, upon demand or request, produce for inspection any writ of summons or copy thereof, and any judgment roll, or chattel mortgage, or bill of sale so issued, Fees. This Act not to nal and other matters. entered or filed in their respective offices, or of which records or entries are, by law, required to be kept in such several books of the High Court and County Courts respectively. 50 V. c. 18, s. 1. 162. The fees payable in respect of such inspection of books shall be twenty-five cents as for a general search, and ten cents for each writ of summons, judgment roll, chattel mortgage or bill of sale so inspected, and ten cents per folio shall also be payable for all extracts, whether made by the person who makes the search or by the officer. 50 V. c. 18, s. 2. 163. Nothing in this Act shall affect the practice or proapply to crimi- cedure in criminal matters, or matters connected with Dominion Controverted Elections, or proceedings on the Crown or Revenue side of the Queen's Bench or Common Pleas Divisions. 44 V. c. 5, s. 87. Prius may be CHAPTER 45. An Act respecting Courts of Assize and Nisi Prius and of Oyer and Terminer and General Gaol Delivery. HER ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Lieutenant-Governor may issue Commissions for holding Courts of Assize, Nisi Prius, Oyer and Terminer, and General Gaol Delivery, or Special Commissions of Oyer and Terminer or of General Gaol Delivery for the trial of offenders, whenever he deems it expedient. R. S. O. 1877, c. 41, ss. 1 (1, 4), 4. Sittings of As- 2. The sittings of the Courts of Assize and Nisi Prius in any size and Nisi County may, in the discretion of the Judge or Judges appointed distinct from to preside or presiding thereat, be held separate and apart from Courts of Oyer the Courts of Oyer and Terminer and General Gaol Delivery, and General either on the same day or on a different day. R. S. O. 1877, C. Gaol Delivery. 41, s. 3. and Terminer Commissions 3. (1) The commissions shall always contain the names to whom they of the Judges of the High Court: and may also contain may issue. the names of any of the Judges of any of the County Courts and of any of Her Majesty's Counsel learned in the law appointed for Upper Canada or for the Province of Ontario: side. and the said Courts shall be presided over by one of the Chief Who to preJustices or Judges of the High Court, or in their absence by one of such County Court Judges or Counsel. with. (2) It shall not be necessary to name any Associate Justices Associate Jusin any Commissions of Oyer and Terminer and General Gaol tices dispensed Delivery, or that any Associate Justices should be nominated to, or attend or be present at, any Court of Oyer and Terminer and General Gaol Delivery. R. S. O. 1877, c. 41, s. 7. 4. Any Judge or Queen's Counsel presiding at any sittings Powers of the of the Court of Assize and Nisi Prius, Oyer and Terminer and presiding Judge at any General Gaol Delivery, or of any of such Courts, shall while so Assize. presiding possess, exercise and enjoy all the powers and authorities which are now or were formerly granted in commissions issued for holding all or any of the said Courts, or which a Judge of the High Court would have, if presiding thereat. R. S. O. 1877, c. 41, s. 8; 44 V. c. 5, Rule 273. of Assize may 5. Any person acting as a Judge of Assize and Nisi Prius Any one sitmay, in and for the county for which he is acting, and while ting as Judge the sittings of the said Court last, act as a Judge in Chambers during sittings in all matters entered for trial before him, as if he were a Judge in Chambers. act as Judge of the High Court. R. S. O. 1877, c. 41, s. 9. Sheriff if the does not arrive on the 6. Where the Judge whose duty it is to hold any Court Course to be of Assize and Nisi Prius, or of Oyer and Terminer and General pursued by the Gaol Delivery, does not arrive in time, or is not able to open Judge the Court on the day appointed for that purpose, the Sheriff of the county in which the Court should be holden, or, in his day appointed. absence, his Deputy, may, after the hour of six of the clock in the afternoon of such day, adjourn by his proclamation, the Court which should have been opened on that day, to an hour on the following day to be by him named, and so from day to day until the Judge arrives to open the Court, or until the Sheriff receives other direction from the Judge in that behalf. R. S. O. 1877, c. 41. s. 11. CHAPTER 46. An Act respecting County Judges and the Local Courts. SHORT TITLE, s. 1. COUNTY JUDGES AND JUNIOR JUDGES, COUNTY COURT DISTRICTS, SS. 17-23. INTERPRETERS, s. 24. SHORTHAND WRITERS, s. 25. LOCAL COURTS OF COUNTY OF YORK, s. 26. H' ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Local Courts' R. S. O. 1877, c. 42, s. 1. JUDGES AND JUNIOR JUDGES. Act." 2. The Judges of the several County Courts holding office when this Act takes effect, as well as the Judges hereafter to be appointed, shall hold their offices during good behaviour, but shall be subject to be removed by the Lieutenant-Governor for inability, incapacity or misbehaviour, established to the satisfaction of the Lieutenant-Governor in Council. R. S. O. 1877 c. 42, s. 2. of 3. The person appointed to be the Judge or Junior Judge a County Court shall be a Barrister of at least five years standing at the bar of Ontario. C. S. U. C. c. 15, s. 2; c. 16, s. 2. 49 V. 4.—(1) In case more than one County Court Judge is a Ppointed for any county, then, unless otherwise expressed in the commission, the Judge whose commission has priority of Court of the (2) No Junior Judge shall be appointed in or for any county or union of counties, unless the population county or union of counties exceeds forty thousand, as appears by the official census then last taken. R. S. O. 1877, c. 42, s. 3. |