COURTS IN DISTRICTS AND PROVISIONAL COUNTIES.

73.-(1) The Judge of any County or District Court to County Court whose jurisdiction any district or provisional county belongs, Judge may appoint addimay appoint additional sittings of the County or District tional sittings Court and of the Court of the General Sessions of the Peace, or of the Court of either of such Courts, to be held at such place or places within of the Peace such district or provisional county as he thinks fit.

or of Sessions

within a Territorial Dis

(2) Such sittings of the County Court shall be for the trial trict or Provisional County. of causes, where the contract was made within the district or provisional county; or if the action is not upon contract, then where the cause of action arose within the district or provisional county.

(3) Such Sessions of the Peace shall be for the trial of causes within the jurisdiction of the General Sessions of the Peace, provided the offence to be tried was committed within the district or provisional County. R. S. O. 1877, c. 90, s. 52.

74. Sittings in any of the said Courts shall also be held Lieutenantat such times and places as the Lieutenant-Governor in Council Governor in may appoint. R. S. O. 1877, c. 90, s. 53.

Council may require sittings to be held.

Appeals to

75.-(1)In case the Lieutenant-Governor directs sittings of the Court of General Sessions of the Peace of any county or dis- General Sestrict to be held at regular periods at some place within a dis- sions. trict or provisional county, and issues his proclamation in that behalf, such sittings shall thereafter be the proper Court for the trial of appeals to the General Sessions from a decision, order or conviction, made by a Justice of the Peace within such district or provisional county, and such Court shall have full and complete jurisdiction and authority for the trial of every such appeal, as well as for the trial, under section 73 of this Act, of any person charged with an offence committed within the district or provisional county over which the Sessions have jurisdiction.

(2) Where an offender may be more conveniently tried within that portion of the county or district outside of such district or provisional county, such offender may be so tried. R. S. O. 1877, c. 90, s. 54.

thereof, may

or examina

76. The High Court or a Judge thereof may direct that High Court any action for the recovery of lands lying in the provisional or a Judge judicial district, territorial district, or provisional county in order trial which any sittings of a County or District Court are to be held, of actions or any other action pending in the High Court, shall be tried tions of witat such sittings; or may order that the witnesses shall be nesses at the examined and the facts ascertained at such sittings and the under this questions of law arising thereon reserved for the opinion of Act. the Court; or may make such like order for the purpose of facilitating the determination of the matters in dispute in the action as he may think fit. R. S. O. 1877, c. 90, s. 55 (1).

Courts held

Summoning jurors.

Rev. Stat.

c. 52.

Constables in
Territorial
Districts.

Suspension for misconduct.

Report of such
suspension to
Provincial
Secretary.

Punishment of constable misbehaving.

Lieut.-Gov.

may alter

77. When such sittings are held in a provisional county the sheriff or other officer whose duty it is, or who may be legally required, to summon and return jurors or persons to serve as jurors for such Courts, may select, choose and return for such jurors, in case jurors are required, any of the inhabitants of such provisional county, without reference to the mode prescribed for selecting, balloting or returning jurors by The Jurors' Act. R. S. O. 1877, c. 90, s. 56.

CONSTABLES IN DISTRICTS AND PROVISIONAL COUNTIES.

78. (1) The Lieutenant-Governor may from time to time. appoint Constables for any district or provisional county or for any portion of the territory of Ontario not attached to a county for ordinary municipal and judicial purposes. R. S. O. 1877, c. 90, s. 46. See also Cap. 71, s. 3; Cap. 80, s. 1; Cap. 82, s. 11.

(2) In case of any misconduct on the part of a constable appointed under the preceding sub-section, the Chairman of the Court of General Sessions of the Peace of the district, or provisional county or the Stipendiary Magistrate, shall have authority to suspend from office indefinitely, or for any period the said Chairman or Stipendiary Magistrate deems fitting. R. S. O 1877, c. 90, s. 47; 50 V. c. 8. Sched.

(3) The Chairman of the Sessions or the Stipendiary Magistrate, upon any such constable being suspended, shall forth with report the particulars thereof to the Provincial Secretary, in order that the Lieutenant-Governor may take such action as to the revocation of the suspension or dismissal of such constable, or otherwise, as he deems proper. R. S. O. 1877, c. 90, s. 48.

79. If a constable appointed under the authority of this Act is guilty of disobedience of orders, neglect of duty, or of any misconduct as such constable, and is convicted thereof before the Stipendiary Magistrate for the district, or before a Justice of the Peace acting therein, he shall forfeit a sum to be fixed by the Magistrate or Justice not exceeding $40 and costs, and in default of immediate payment thereof, shall suffer imprisonment for any time not exceeding three months unless the fine and costs are sooner paid; but in such case such person is proceeded against by indictment for any offence committed by him as constable, he shall not in addition be liable to the penalty or punishment imposed by this section. R. S. O. 1877, c. 90, s. 51.

ALTERATION OF LIMITS.

80. (1) The Lieutenant-Governor in Council may from time limits of dis- to time, by proclamation, detach any township or territory tricts. from any provisional judicial, temporary judicial, or territorial

district, and annex the same to any adjoining district. R. S. O. 1877, c. 7, s. 28; 43 V. c. 12, s. 2; 47 V. c. 3, s. 9, and c. 14, s. 16, (4).

Peace in terri

(2) In case a portion of a county is detached from a Position of county, or from a provisional judicial or other district, and Justices of the formed into or annexed to a temporary judicial, or territorial tory affected district, the Justices of the Peace residing in the territory so by alteration. detached, shall be Justices of the Peace for the Temporary Judicial, or Territorial District in which they reside at the time of the same being so detached, and shall not act out of Sessions as Justices of the Peace for the County or Provisional Judicial District. R. S. O. 1877, c. 90, s. 50.

81. The Lieutenant-Governor may from time to time direct Gaols to be that one or more suitable erections shall be provided by the provided. Commissioner of Public Works in each district or provisional county for the safe custody of prisoners charged with crime or convicted of any offence, and every erection so provided shall be deemed a common gaol, and the common gaol of such district or county. R. S. O. 1877, c. 90, ss. 5, 57.

TRESPASSES BY ANIMALS.

passing.

82. No damages shall be recovered in respect of injuries Damages by committed in any of the said districts upon any land by animals treshorses, cattle, sheep or swine, straying upon such land, unless the animal so straying was running at large contrary to a municipal by-law in that behalf; and where no by-law, prohibiting or regulating the running at large of the class of animals to which the animal trespassing belongs, is in force in the municipality, township, or place, then no such damages shall be recovered unless such animal has broken through or jumped over a fence then being in reasonably good order and of the height of four and one-half feet; but this section shall not apply to unruly or breachy animals. 42 V. c. 31, s. 32.

9. ADMINISTRATION OF JUSTICE IN THE VICINITY OF THE FALLS OF NIAGARA.

CHAPTER 92.

An Act to provide for the better Government of that part of Ontario situated in the Vicinity of the Falls of Niagara.

APPOINTMENT

TRATE, s. 1.

OF POLICE MAGIS- APPEALS, s. 7.

POWERS AND DUTIES, ss. 2-6

CONSTABLES, S. 8.

EXPENSES UNDER THIS ACT, s. 9.

Appointment of Police Magistrate.

Powers and

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 in Council may, from time to time, appoint a fit and proper person to be Police Magistrate for the Town of Niagara Falls in the County of Welland. R. S. O. 1877 c. 91. s. 1.

2. The Police magistrate shall be ex officio a Justice of duties of Police the Peace of and for the County of Lincoln, and of and for the Magistrate. county of Welland; and may exercise within the said counties the jurisdiction and authority of two Justices of the Peace in relation to all matters in respect to which the Legislature of this Province has authority so to enact. R. S. O. 1877, c. 91, s. 2.

Police Court

at Fort Erie.

What complaints to be heard.

3. The Police Magistrate shall, as often as he considers necessary, or in case the Lieutenant-Governor in Council gives a direction in that behalf, then as often as the LieutenantGovernor in Council directs, hold a Police Court in the village of Fort Erie. R. S. O. 1877, c. 91, s. 3.

4. Subject to the provisions of the preceding section, it shall not be the duty of the Police Magistrate, unless he finds it convenient so to do, to entertain any complaint except with reference to offences committed within the limits of the town of Niagara Falls or of the township of Stamford; and he shall, as far as practicable, give precedence to complaints in which persons

residing at a distance are concerned, either as parties or as witnesses, over complaints concerning only persons residing in the neighbourhood. R. S. O. 1877, c. 91, s. 4.

revocation of

5. In addition to any other penalty imposed by any statute Power of or by any by-law of the municipality, as a punishment for any revocatio offence, the Police Magistrate shall have authority to inflict as an additional punishment, the revocation or the suspension for such period as he may consider just, of any license granted or issued to the person convicted by the municipal officers of the town of Niagara Falls or of the township of Stamford, or of the village of Fort Erie, or of the township of Bertie, or granted or issued by the Board of License Commissioners or Inspector of Licenses, within whose license district any of said municipalities respectively is situate. R. S. O. 1877, c. 91, s. 5.

6. The Police Magistrate shall, in all cases of complaint un- Evidence to der this Act, reduce to writing the whole of the evidence of the be reduced to witnesses examined before him, and shall read the same over to the witnesses, who shall sign the same. R. S. O. 1877, c. 91, s. 6.

writing.

7. An appeal shall lie from a conviction had under this Act Appeals. to the Judge of the County Court of the county in which the conviction is made, without a jury; and except as aforesaid, no appeal shall lie either to any Court of General Sessions of the Peace, or to any other Court, from the conviction or order of the Police Magistrate, for an offence against any statute relating to matters within the legislative authority of the Legislature of this Province, or for an offence against a by-law of a municipality. R. S. O. 1877, c. 91, s. 7.

of constables.

8. (1) The Lieutenant-Governor may appoint as many con- Appointment stables as he may consider requisite for the efficient administration of justice in the neighbourhood of the Falls of Niagara.

(2) No constable shall be entitled to charge any fees for his own use. R. S. O. 1877, c. 91, s. 8.

accounts of

9.-(1) The Police Magistrate shall keep proper accounts of all Police Magisfines, penalties and costs imposed in the Police Court of the said trate to keep town of Niagara Falls and village of Fort Erie, or elsewhere fines, etc. imposed by him; and shall immediately upon such fines, Deposit of penalties and costs (other than fines arising from prosecutions fines, etc. under The Liquor License Act,) being collected and received, Rev. Stat. c. or at such periods as the Treasurer of Ontario from time to time directs, deposit the amount thereof in such bank as the Treasurer from time to time directs, to the credit of a fund to be called the "Niagara Falls Police Fund."

194.

(2) All fines from prosecutions under The Liquor License Act, Rev. Stat. c. shall form part of the license fund of the district, to be dealt 194. with as provided by said Act. R. S. O. 1877, c. 91, s. 9.