in each year, shall be made by the Registrars on or before the 1st day of February in each year. R. S. O. 1877, c. 46, s. 69.

perty fees to

72. The fees payable on proceedings under this Act shall be On what probased on the amount of what, before the 1st day of July, 1886, bercharged. was personal property. 49 V. c. 22, s. 4 (6).

of fees of

73.—(1) The Lieutenant-Governor in Council may, with the Commutation consent of any County Court or Surrogate Court Judge, com- Judges. mute the fees payable to him under this Act for a fixed annual sum; such sum not to exceed the income derived from such fees in some preceding year; and any sum so fixed may, as vacancies occur, be rescinded, or may be varied and the amount increased or diminished; provided that in no case shall any Order in Council name a sum exceeding the receipts for fees during some preceding year.

(2) In case of commutation, the like sums and fees heretofore payable to the Judge shall continue to be payable, and shall form part of the Consolidated Revenue Fund of this Province, and shall be payable in stamps, subject to the pro- c. 22. visions of The Act respecting Low Stamps.

(3) Where there is no commutation and the fees aforesaid exceed the sum of $1,000 in any year, the excess shall be received by the Registrar and paid over to the Treasurer of the Province for the uses of the Province.

(4) The preceding sub-section shall not apply so as to reduce the amount payable to the Judge in any year to a sum less than the aggregate amount of the fees payable to him for such year in respect of fees provided for by the Consolidated Statutes of Upper Canada, chapter 16, schedule "B," and exclusive of the additional fees assigned to Surrogate Judges by the Act passed in the 40th year of Her Majesty's reign, chapter 7, schedule A (65).

(5) Out of the excess aforesaid a sum not exceeding $666 may on the authority of an Order in Council be paid to the Junior Judge of the County (if any). 44 V. c. 5, s. 79.

Rev. Stat.

74. The Registrars and officers of the Surrogate Courts, Fees to and Barristers and Solicitors practising therein, shall be en- officers, titled to take for the performance of duties and services under this Act, such fees as may be fixed under the provision hereinafter contained. R. S. O. 1877, c. 46, s. 70.

amount of fees

75. The table of fees fixed by the Judges appointed in pur- Judges may suance of section 14 of The Surrogate Courts Act, 1858, to be alter the taken by the Registrars and officers of the Surrogate Courts, as fixed under and by Barristers and Solicitors practising therein in respect 22 V. c. 93, s. to business under that Act, and the fees to be payable in respect of searches, inspection and copies of and extracts from records,

14.

wills and other documents in the custody of or under the control of the Surrogate Courts respectively, are hereby conNo other fees tinued, until altered under the authority of this Act; and no

to be taken.

Tariff of costs.

Rev. Stat.

c. 51.

Taxation of costs.

Surrogate
Court rules.

22 V. c. 93,

8. 14.

other fees than those specified and allowed in the tables or than the altered fees (as the case may be) shall be taken or received by such Registrars, Officers, Barristers and Solicitors. R. S. O. 1877, c. 46, s. 71.

76.—(1) The Board of County Judges appointed under section 297 of The Division Courts' Act, or the majority of them, may frame a tariff of fees and costs to be allowed in respect of proceedings in the Surrogate Courts to witnesses and to solicitors and counsel practising therein, and may from time to time alter and amend the same, and may frame separate tariffs for contentious and non-contentious business.

(2) The Board or any three of them shall certify to the Judges authorized to make rules under section 105 or section 108 of The Judicature Act, any tariff so framed, or any alteration thereof, and any Judges authorized to make rules under the said Act may approve, disallow or amend any such tariff or alterations.

(3) Any tariff or alteration so approved of, or amended and approved, shall have the same force and effect as if it had been enacted by the Legislature of this Province. 48 V. c. 13, s. 25.

77. The bill of any solicitor for any fees, charges or disbursements in respect of business transacted in a Surrogate Court, whether contentious or otherwise, or any matter connected therewith, shall, as well between solicitor and client as between party and party, be subject to taxation in such Surrogate Court, and the mode in which the bill shall be referred for taxation, and the person by whom the costs of taxation shall be paid, shall be regulated by the rules and orders heretofore in force or hereafter made under this Act and the certificate of the Registrar of the amount at which the bill is taxed shall be subject to appeal to the Judge of the Court. R. S. O. 1877, c. 46, s. 72.

RULES OF COURT.

78. (1) The Judges of the Supreme Court of Judicature and of the High Court respectively shall have the same authority to make rules of Court with respect to the Surrogate Courts as, by section 105 of The Judicature Act, they have with respect to the High Court; and the Judges authorized as mentioned in section 108 shall with respect to the Surrogate Courts have the like authority.

(2) The general rules and orders made by the Judges appointed in pursuance of section 14 of The Surrogate Courts Act, 1858, are hereby continued until altered under the authority of this section. 48 V. c. 13, s. 24 (1, 2).

On every application for probate or administration or for guardian-
ship (including notice thereof to Surrogate Clerk, but not postage) 0 50
On certificate of Surrogate Clerk upon such application (including
transmission to Registrar, but not postage)...

On every instrument or process with seal of Court.
Entry and notification of caveat, not including postage..

0 50

0 50

0 50

0 50

0 50

On every final judgment in contentious or disputed cases.
On deposit of wills for safe custody, each

1 00 0 50

On every grant of probate or administration, as follows, viz:
Where the property devolving is under $1,000.
For every additional $1,000....

On proceedings in the office of the Surrogate Clerk.

On every search for grant of probate, administration, guardianship, or other matter in Clerk's office (other than searches on application of Registrars)

On every certificate of search or extract.

0 50 1 00

(if exceeding three folios, 10 cents per folio.)

On every other certificate issued by the Surrogate Clerk.

0 50

On every order made on application to a Judge in the High Court and transmission of same, exclusive of postage.

0 80

On entry of every appeal..

1 00

On every judgment on appeal and transmission, exclusive of postage 3 00 On entry of caveat...

0 50

On every grant of probate or administration :

Where the property devolving is under $1,200..
Where the property devolving is from $1,200 to $3,000..
Where the property devolving is from $3,000 to $4,000.
And so for every additional $1,000, the additional sum of..

2.00 3.00

4 00

1 00

2.00 0 50

On every special attendance, or attendance for purpose of audit.
For every day's sittings in contentious or disputed cases...

On evidence if taken before Judge (per folio)..

1 00 2.00

0 20

R. S. O. 1877, c. 46, Sched. B.

Establishment on separation of CLAIMS OF LANDLORDS AND OTHERS IN

Short title.

Interpreta *ion.

County."

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 Division Courts Act." R. S. O. 1877, c. 47, s. 1.

2. In the construction of this Act,

County" shall include two or more counties united for judicial purposes; and in any form or proceeding the words "United Counties" shall be introduced where necessary. R. S. O. 1877, c. 47, s. 2.

THE COURTS.

tinued.

3. The Division Courts, and the limits and extent thereof Courts conexisting at the time this Act takes effect, shall continue until altered by law. R. S. O. 1877, c. 47, s. 3.

Courts in

4. There shall not be less than three or more than twelve Number of Division Courts in each county, of which Division there shall be at least one in each city and county town. S. O. 1877, c. 47, s. 4.

Courts counties, citi
R. and towns

5. The Court in each division shall be called "The First Designation of Division Court in the county of

(or as the case may be). R. S. O. 1877, c. 47,

S. 5.

" Court.

6. Every Division Court shall have a seal, with which all Each Court to process of the Court shall be sealed or stamped, and such seal have a seal. shall be paid for out of the Consolidated Revenue Fund. R. S. O. 1877, c. 47, s. 6.

7. The Division Courts shall not be held to constitute Not to be Courts of Record, but the judgments in the said courts shall Courts of have the same force and effect as judgments of Courts of Record. R. S. O. 1877, c. 47, s. 7.

Record.

8. A court shall be holden in each division once in every Time and two months, or oftener in the discretion of the senior or the place of holding Courts. acting County Judge; and the Judge may appoint and from time to time alter the times and places within such divisions, when and at which such courts shall be holden. R. S. O. 1877, e. 47, s. 8.

cities.

9. Notwithstanding anything contained in this Act, or Holding any of the general rules in force in the Division Courts Courts in of this Province, in any city in which two Division Courts are established or held, all or any of the sittings of both of such courts may be appointed and held in any of such divisions, and both clerks of such courts may, with the approval of the Lieutenant-Governor in Council, have and keep their offices in the same division in such city. 43 V. c. 8, s. 41.

10. (1) The municipality in which a Division Court is held Division shall furnish a court room and other necessary accommodation Courts accomfor holding said court, not in connection with an hotel.

modation.

room, etc., the

(2) In case a proper court room, and other necessary accom- If there be no modation for the holding of the Division Court are not fur- proper Courtnished by the municipality in which the court is held, the Judge Judge may may hold the court in any suitable place in the division, or in hold Court in any other division of the county in which suitable accommoda- place. tion is provided; and the owner, lessee or tenant of the build

any suitable