Fees and duties. Share of City salary. Rev. Stat., c. 184. (2) The fees, and all matters relating to the duties of said officer shall be determined and regulated from time to time by the Judges of the said County Court, subject to the approval of the Lieutenant-Governor in Council. (3) The City of Toronto shall bear and recompense the of Toronto in County of York for a proper proportion of the salary, and the proportion, in case the City and Council disagree, shall be determined by arbitration, according to the provisions of The Municipal Act; and, subject to such agreement or arbitration, and until and unless the same determines a different proportion, the city shall pay to the county one-half, and the county's share shall be one-half of the salary. R.S.O. 1877, c. 42, s. 24. Short title. Existing tinued. HERA TER 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 County Courts Act." R. S. O. 1877, c. 43, s. 1. 2. There shall be in every county or union of counties a Ccurt of Record, to be styled the County Court of the county of (or united counties of as the case may be); and the County Courts already established under such names respectively, and all existing commissions, Judges and officers of such County Courts shall continue subject to the provisions of this Act. R. S. O. 1877, c. 43, s. 2. JUDGES. 3. The County Court in every county shall be presided over Judges. by the Judge or junior or acting Judge or Deputy Judge as provided by The Local Courts Act. R. S. O. 1877, c. 43, s. 3. c. 46. [As to Judges being Local Judges of the High Court. See c. Rev. Stat. 44, s. 157; and as to Judges exercising authority of Master in Chambers and local Masters. See The Rules. CLERKS. 4. The Lieutenant-Governor shall from time to time appoint, The Lieutenunder the great seal, a clerk to every County Court, to hold ant-Governor office during pleasure. R. S. O. 1877, c. 43, s. 4. to appoint clerks. security. 5. Every clerk of a County Court shall give security for Clerks to give the due performance of his office, in such sum and with so many sureties, and in such manner and form as the LieutenantGovernor directs. R. S. O. 1877, c. 43, s. 5. 6.-(1) The clerk of every County Court shall keep his office Place of office. in the Court House, or if there be no room therein, then in such place within the county town, as the Judge directs. R. S. O. 1877, c. 43, s. 6. (2) Provided, however, that the clerk of the County Court of the County of Essex, may keep an office in some convenient place in the Town of Windsor, in the County of Essex, subject to such arrangements as the County Council of the County of Essex may assent to, and subject also to the approval thereof by the Lieutenant-Governor in Council. 49 V. c. 13, s. 1. accounts to 7. The clerk of every County Court shall, from time to time Clerk to render as often as required so to do by the County Crown Attorney of County Crown his county, and at least once in every three months, deliver to Attorney. him, verified by the affidavit of such clerk, sworn before the Judge or a Justice of the Peace of the county, a full account in writing of all fines levied by the Court. R. S. O. 1877, c. 8. 8. 43. [Return of fees by County Clerks. See Cap. 15, 8. 29.] 8. The clerks of the County Courts shall tax costs, subject, Clerk to tax in the event of a dispute arising at taxation, to an appeal to costs. the Judges of the County Courts respectively. R. S. Ö. 1887, c. 43, s. 9. draw or advise 9. No clerk of a County Court shall, for fee or reward Clerk not to draw or advise upon a chattel mortgage or other paper on documents. or document connected with the duties of his office and for which a fee is not expressly allowed by the tariff in that behalf. 44 V. c. 5, s. 65, part. Clerk of the Peace to act pro tem in case of the the Co. Court Clerk. 10. In the event of the death, resignation or removal of a clerk of the County Court the Clerk of the Peace for the County shall, ex-officio, be clerk of the County Court until death, etc., of another person is appointed and assumes the duties of the office, and every Clerk of the Peace while clerk of the County Court as aforesaid shall, except in the County of York, be also ex-officio Deputy Clerk of the Crown and Registrar of the Surrogate Court. The Clerk of the Peace shall add the words pro tem when affixing his official designation as clerk of the County Court, Deputy Clerk of the Crown or Registrar of the Surrogate Court to his signature in any writs, rules, grants or orders, signed by him under the provisions of this section: Provided, however, that the preceding enactment as Special examiners of Clerk of the Peace being ex-officio Registrar of the Surrogate Court, shall not apply to any case where at the time of the death, resignation or removal of the clerk of the County Court, 'he did not hold the office of Registrar of the Surrogate Court. 42 V. c. 15, s. 5. SPECIAL EXAMINERS. 11. All special examiners of the High Court heretoHigh Court to fore or hereafter appointed, shall be officers of the several be officers of County Courts of the Province and shall possess like powers in County Court. County Court cases, as those now possessed and exercised by them in cases in the High Court. 49 V. c. 16, s. 9. SITTINGS. Sittings in second 12.—(1) In lieu of terms, the several County Courts shall in lieu of terms. each year hold four quarterly sittings, which (except in the County of York), shall commence respectively on the Monday in the month of January and the first Monday in the months of April, July and October in each year, and end on the Saturday of the same week, unless extended by order of the Judge. County Court sittings, time of. Rev. Stat. c. 46, s. 19. (2) The said quarterly sittings of the County Court of the County of York shall commence on the second Monday in January, June and October, and the first Monday in April in each year; and shall end on the Saturday of the same week, unless extended by order of the Judge. 50 V. (3) It shall not be necessary for the Sheriff or his officers to attend the said quarterly sittings of the County Court. c. 8, Sched. 13.—(1) Except in the County of York, and subject to the provisions of section 19 of the Local Courts Act, sittings of the said County Courts, for the trial of issues of fact and assessment of damages, shall be held semi-annually, to com mence on the second Tuesday in the months of June and December in each year. (2) The County Court of the County of York shall hold four County of such sittings in each year, to commence respectively on the York. first Tuesday in the months of December and March, and on the second Tuesday in the months of May and September in each year. R. S. O. 1877, c. 43, s. 13. out a jury in 14. Except in the County of York, there shall be sittings County Court of the several Courts of this Province on the first Tuesday in sittings withthe months of April and October in each year, whereat all April and issues of fact in any civil action brought or pending in the October. Court wherein the sittings may be, and every assessment and inquiry of damages in such action may be heard, tried and assessed by the Judge of such Court without the intervention of a jury, in those cases where no jury is required. R. S. O. 1877, c. 43, s. 14; 44 V. c. 5, Rule 487. 15. In addition to the regular sittings of the several Power to hold County Courts, the Judge of every County Court may, at such additional sittings. times as he appoints for the purpose, hold additional sittings of such Courts for the trial of issues of fact to be tried in such Court by a Judge without a jury; and he shall hold such sittings as often as may be requisite for the due despatch of business. R. S. O. 1877, c. 43, s. 15. trial of jury 16. While sittings of the County Court of any County Concurrent which has a Senior and Junior Judge, are being held for the sittings for trial of issues of fact and assessment of damages, the Judges and non-jury of the said Court, or any two persons authorized to hold the cases. sittings of such Court, may, in case the General Sessions of the Peace have been adjourned or have terminated, sit separately, one for the trial of causes where a jury is required, and the other for the trial of causes to be tried without a jury. R. S. O. 1877, c. 43, s. 16. owing to 17.-(1) Where, from illness or from other casualty, the Adjourning Judge who is to hold the Sittings of the County Court is County Courts unable to hold the same at the time appointed therefor, the illness of Sheriff of the County, or in his absence his Deputy, may ad- Judge, etc. journ by his proclamation the said Court to any hour on the following day, to be by him named, and so from day to day until the Judge is able to hold such Court, or until he receives other directions from the Judge or Provincial Secretary. (2) The Sheriff shall forthwith notify any adjournment to Provincial the Provincial Secretary, for the information of the Lieutenant- Secretary to Governor. R. S. O. 1877, c. 43, s. 17. JURISDICTION. be notified. 18. Except in the cases of actions for the recovery of cor- Jurisdiction poreal hereditaments mentioned in section 20 of this Act, or in restricted. other cases in which, by any other Act jurisdiction is conferred Jurisdiction allowed. Rev. Stat. c. 55. Jurisdiction recovery of land. upon County Courts or a Judge thereof, the said Courts shall not have cognizance of any action: 1. In which the title to land is brought in question; or, 2. In which the validity of any devise, bequest or limitation under any will or settlement is disputed; or 3. For libel or slander; or, 4. For criminal conversation or seduction; or 5. Against a Justice of the Peace for anything done by him in the execution of his office, if he objects thereto. 1877, c. 43, s. 18. R. S. 0. 19. Subject to the exceptions contained in the last preceding section, the County Courts shall have jurisdiction. 1. In all personal actions where the debt or damages claimed do not exceed the sum of $200; 2. In all causes and actions relating to debt, covenant and contract, to $400, where the amount is liquidated or ascertained by the act of the parties or by the signature of the defendant; 3. To any amount on bail-bonds given to a Sheriff in any case in a County Court, whatever may be the penalty; 4. On recognizances of bail taken in a County Court, whatever may be the amount recovered or for which the bail therein may be liable; 5. In actions of replevin where the value of the goods or other property or effects distrained, taken or detained, does not exceed the sum of $200, as provided in The Replevin Act. 6. In interpleader matters, as provided by the rules respecting interpleader. R. S. O. 1877, c. 43, s. 19. 20.—(1) The several County Courts shall have jurisdiction in actions for in actions for the recovery of corporeal hereditaments (where the yearly value of the premises, or the rent payable in respect thereof, does not exceed $200) in the following cases, namely: (a) Where the term and interest of the tenant of such corporeal hereditament has expired, or has been determined by the landlord or the tenant, by cases. notice to quit: a legal (b) Where the rent of such corporeal hereditament is sixty days in arrear, and the landlord has the right by law to re-enter for non-payment thereof; Power in such and in respect to such actions the said Courts shall have and exercise the same powers as belong to and may be exercised by the High Court, in and in respect to actions for the recovery of land. |