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COUN'
COMPRISING
POWERJ
ANI
COUN'
OF TH
WI'i'H
I
TV
THI
A MANUAL ^^^*^?^^^'
Jtm^
OF
^fo^
COUNTY COURT PRACTICE
IN ONTABIO,
^^\\"^ X aClC^TpBOOEDUBE AND
PRACTICE OF THE
COUNTY AND DISTEICT COUKTS
OF THE T^ROVINOE OF ONTARIO. AND IN APPEALS
OF THl. - « THEREFROM TO THE
COURT OF APPEAL,
WITH DECISIONS IN ONTARIO, NOVA SCOTIA, NEW
BRUNSWICK. MANITOBA AND ENGLAND,
AND THE
COUNTY COURT TARIFF.
BY
M.
J. GORMAN, LL.B.
iij Oiijoode Hall, Bmriaer-at-Law.
TORONTO:
THE OARSWELL CO. (Ltx,.), LAW PUBLISHERS.
1892.
6
U
Eutereil accor(liiif» to Act ot the Parliament of Canada, in tlie year one tlmusaud
eight huntlred and ninety-two, by TiiK Cabswell Company (Limited), in
the oflice of the Minister of Agriculture.
f^\^i^A
i^rrr.gjiagj'-irTYtvi ■
TO THK
CottuUj Court iluliQcs
OP TllKl'UOVTNCK OF ONTARIO.
IS UKSPKCTFULIA' INBC UIHKU.
i
^BiWfWlPWHP*
PREFACE.
"1
TT was not from any belief in my own especial fitness for tlie
task, that I undertook the preparation of this little book,
but simply because no one else had taken the trouble to collect
into convenient shape, the inlbrmation contained herein, which
was scattered over a large number of volumes. I do not pretend
that I have accomplished this work satisfactorily, even to my-
self, but I have done the best I could, with the time and means
at my disposal. The following are the Statutes annotated: —
The Local Courts Ac*;.
The County Courts Act, and amending Acts.
The General Sessions Act, and amending Act.
The County Judges Criminal Court Act.
The Unorganized Territory Act, (part), and
amending Act.
I have not included any of the Consolidated Rules or sections
of the Judicature Act, except those applying specifically to the
County Courts ; so that reference will have to be had to works
on High Court practice in all matters in which the County
Court practice is, under section 28 of " The County Courts
Act," and Rule 1257, similar to that of the High Court. The
numbers of the Rules and sections given, will be found in the
Index. I have also omitted a number of the older decisions
on questions of practice and costs, as many of them are either
inapplicable at present, or are only illustrations of principles
fully discussed in more recent cases cited.
R. S. 0. c. 46.
" 47.
" 48.
" 49.
" 91.
T^
VI
PREFACE.
I ha<l some doubts about the propriety of adding the County
Court Tariff, on account of its being ah-eady printed, with the
Hi"h Court Tariff, in other works ; but, after consultation with
the"pubUshers, I decided to do so. 1 have not, however, added
any of the cases on the taxation of costs, (as distinguished from
the question of the proper scale of costs taxable,) as they are all
collected in Mr Widdiiield's recent work on taxation.
I have endeavored to collect, at pages 18-14, a list of the
principal Statutes imposing duties and conferring powers on
County Court Judges, in addition to the Statutes and Rules
referred to at length throughout the book. It will be seen that
the County Judge is made a kind of judicial pack-horse for the
performance of the ever increasing variety of work that our
legislators, federal and provincial, see fit to impose on him;
through a small portion of the burden has been lifted from his
shoulders by the passing of " The Drainage Trials Act " of last
session.
I shall gladly welcome criticism on my errors, both of omis-
sion and commission, so that I may profit thereby, if the book
should ever reach a second edition.
M. J. GORMAN.
Ottawa, January 1892.
.1
T^
t
rvy
FABLE OF (X)NTENTS.
PAOB.
Dedication iii
Preface v
Table of Contents vii
A BBREVIATIONH X
Table of Cases Cited xi
Addenda xv
Local Courts Act:
Judges and Junior Judges 1
Tenure of office by 2
Removal of 2
Salaries of ;3
Appointment of -i
Residence of 5
Prohibition to practice ;*;
Deputy Judges (5
Oath of Judges 7
Duties and Powers of Judges 7-14
■ Jurisdiction of Judges 16
• County Court Districcs 1(1 20
Interpreters 20
Shorthand writers 21-23
County Courts x\ct :
Court in each County 26
Judges 25
Clerks 20-30
Special Examiners 30
Sittings 31-34
Trials 34-37
Jurisdiction 38-59
VIU
TABLE OF C0NTKNT8.
Coi'NTY CouKTB AcT — Vontmucd.
Costs
Counter-claim
j'aok.
GO- 04
05
Certiorari ««-«7
Transfer to lligli Couri
68
Pleading and Practice 09-70
71
72
78
74
74
75
78
77
Change of Venue
Payment into Court
High Court Practice
Costs
Execution
Division Court Transcripts
Enforcing Rules ,
Accounts and Inquiries
Transfer to High Court '^^■79
Costs of Transfer ^0
Appeals «0-y8
Rules of Law ^^
Rules of :Court ^^'^^^
Tariff of costs
Security for costs
Searches
90
97
98
General Sessions Act :
Authority for holding.
Jurisdiction
Sittings
Chairman
Orders
Clerk of the Peace....
Tariff
County Judges' Criminal Court Act :
Judge of Court
Jurisdiction
Title
Practice
99
100
101
102
103
104
105
100
100
107
107
TABLE OF C0NTKNT8.
IX
Unohoanized Terbitohy A(it :
Provisional Judicial Disliiots.
Judges of District Court
Junior and Deputy Judges....
Jurisdiction
Sittings
Appearance
Costs
Sherill's
Jurors
Deputy Clerks
District of Hainy River
Additional Sittings
High Court actions
Tariffs :
Solicitors' Tariff
Tariff of Disbursements
Sheriffs' Tariff
Index
11
V2
12
I'AdK.
lOi)
111)
111
:^-11(i
110
(i-llH
llH
119
120
122
;m2I
I -J 2(5
12(1
127
l;}()
140
11,-)
•'A il
:
ABBREVIATIONS.
A. E., Ontario Appeal Reports.
G. L. T , Canadian Law Times.
C P., Upper Canada Common Pleas.
/- p"d., Common Picas Division (English),
Con Rules., Consolidated Rules of Practice.
C. S. U. C, Consolidated Statutes Upper Canada.
i:x., Exchequer Reports.
H &N., Hurlstone & Norman's Reports.
L." J. N.'s., Canada Law Journal. New Series.
L. J. Ex., Law Journal, E.Kchequer.
L. J. Q. B.. Law Journal, Queen's Bench.
L. T. N. S., Law Times, New Series.
Man. L. R., Manitoha Law Reports.
N. B. R., New Brunswick Reports.
N. S. R., Novi Scotia Reports.
0. R„ Ontario Reports.
(). S., Queen's Bench, Old Series.
P. R., Ontario Practice Reports.
Q. B., Upper Canada Queen's Bench.
Q. B. D., Queen's Bench Division (Eu^lish).
Q. B. (1891), Queen's Bench Division (English)-
R. S. C, Revised Statutes of Canada, 1880.
R. S. O., Revised Statutes of Ontario, 1887.
Times L. R., Times Law Reports.
W. N., Weekly Notes.
■iPir
TABLE OF CASES CITED.
A.
Allen, q. t. v. Jarvis, 3.
Allen V. Fairfax Cheese Co., 40.
Anderson, ru v. Barber, 53.
Andrews v. City of London, 61, 64.
Anderson v. Farquhar, 62.
Anonymous, 61).
B.
Barker v. Leeson, 37.
Bailey v. Bleeker, 42.
Ball V. G. T. Ry., 42.
Bank of Montreal v. Gilchrist, 40.
Hath V. Dennison, 52.
Banks v. Rebbeck, 5'.).
]?ennett v. White, 62.
Beckett v. Stiles, 63.
Brown v. Hose, 64.
]Jrigham v. McKenzie, 71.
Bradley v. Crane, 81.
Brown v. Cline, 82.
Bank of Minnesota v. Page, 86, 114.
c.
Cochrane M'f'g Co. v. Lemon, 12.
Catherine v. Morrison, 16.
Crowe , Clifford, 37.
Crawford v. Heney, 43.
Coulson V. O'Connell, 47.
Chick V. Tor. Electric Light Co., 52.
Close V. Exchange Bank, 56.
Coulson V. Spiers, 56.
Crowley v. Vitty, 59.
Callicott V. McKinlay, 62.
Cumberland v. Ridout, 64.
Campbell v. Davidson, 70.
Clark V. Hurlburt, 81.
Corbett v. Taylor, 82.
Campbell v. Prince, 83.
Clarke v. Barron, 84.
Cooper V. Dixon, 88.
D.
Disher v. Disher, 12.
Danaher v. Little, 43.
Dickson v. Snarr, 46.
Davis V. Barnot, 46.
Davis V. Vandecar, 47.
Dominion Bank v. Heffernan, 47.
Donnelly v. Stewart, 48.
Davidson v. Cameron, 48.
Davidson v. B. & N. H. Ry., 49.
Durnin v. McLean, 52.
Dyraent v. Northern Ry. Co., 52.
Davis V. Flagstaff Mining Co., 65.
Dntlil V. Dickinson, 86.
E.
Edmunds, q. t. v. Hoey, 37.
Eberts v. Brooke. 48.
Eddy V. Ottawa C. P. Ry. Co., 81.
F.
Fitzimmons v. Mclntyre, 42.
Fair v. McCrow, 42.
Flett V. Way, 43.
/»4wl
xu
TABLE OF CASES CITED.
Fnrnival v. Saunders, 48.
Fleming v. Livinj^stone, 48.
Fearnon v. Norval, 59.
Friend v. Shaw, 5!).
Forfar v. Climie, 01.
Foster v. Vief^el, (Vii.
Ferguson v. Sampey, 67.
Ferguson v. McMartin, 70, 73, 85.
Fowler v. McDonald, 81.
Feehan v. Bank of Toronto, 81.
Ferguson v. Howick, 82.
G.
Garbutt, re 3, 14.
Gibson V. McDonald, 18, 32, 102.
Ganoug v. Bayley, 18.
Gildersleeve v. Hamilton, 37.
Graham v. Spettigue, 41.
Greeni-ren v. Burns, 51.
Great Western Ad Co. v. Rainor, 01.
Graham v. Tomlinson, 01, 03.
H.
Hodgson V. Graham, 41.
Hawkes v. Richardson, 40.
Humberstone v. Henderson, 47.
Hoover v. Craig, 51.
Hyde v. Beardsley, 04.
Harris v. Robinson, 81.
Hastings v. l^arnesl, 81.
Hunter v. Vanstone, 85.
Harding v. Knowlson, 80.
Haworth, v. Fletcher, 80, 89.
Hayward v. G. T. Ry. Co., 87.
I.
Ireland v. Pitcher, 44, 61.
J.
Johnston v. Kenyon, 54.
Jones V. Owen , 58.
Jones V. Thomas, 59.
Kinsey v. Roche, 01.
Keenahan, re v. Preston, nl. .^9.
L.
Leslie v. Emmons, 31.
Longworth v. McKay, 4ii
Lake v. Briley, 40.
Livernois v. Bailey, (il.
M.
Mackay, re v. Goodson, 27.
Merchants Bank v. Brookri-, ."lO.
Montgomery v. McDonald. ■"•_*.
Mitchell V. Vanduson, (il.
Moses V. Moses, ()3.
Meyers v. Baker, ()7.
Milligan v. Sills, 71.
Molsons Bank v. McMeekin, 7 i.
Manning v. Ashall, 81.
Morse v. Thompson, .S2.
Murphy v. Northern Ry. Co., si'i.
Mc.
McNeill V. Haines, 43.
McGugan, re v. McGugan, 4."), ii"»,
80.
McMurtry v. Munro, 46.
McLaughlin v. Schaefer, 50.
McGarvey v. Strathroy, 01.
McDermid v. McDormid, 01, l);i.
McNair v. Boyd, 03.
McKay, re v. Martin, 09, ^0.
McConnell v, Williams, 70, 73.
McKinstry v. Furbv, 81.
McCoU V. Waddell,'81, 8().
McPherson v. Wilson, 8i'i.
McLennan v. McLennan, 89.
Mclnnes v. Benedict, 94.
McQuaid v. Cooper, 116.
N.
Neald v. Corkindale, 49, 05.
Neads v. McMillan, 50.
Norton v. McCabe, 84.
)(,
■IFW^^WW^W
^'*j|Jlb.v- I
/»<^]
TABLE OF CASES CITED.
Xlll
0.
Ontario Glass Co. v. Swartz, 41.
O'Brien v. AValsli, 11, fl?.
Overholt v. I'Mris & D. R. Co., 47.
P.
Parker, re, ii, 11.
Powley V. Whitehead, 41, 74.
Portland v. I'atterson, 42.
Purser v. Bradburne, 47.
Paqnette, re, 77.
Perton v. G. T. Ry. 81, 82, 89.
Pentland v. Heath, 81.
R.
Ref,'. V. Fee, 0.
Reg. ex. rel. McGnire v. Jiirkett, 11,18.
Richardson v. Jenkin, 44.
Russell V. Conway, 4(i.
Robb V. Murray, 'i8, (il).
Reg. V. Jordan, 77.
Rees V. McKeown, 84.
Reg. V. Wells, 8'.).
Reg. V. Piel-kear Kan, xv (uUhi.
s.
S(juier, re, 2.
Steeves, v. Luca?, Ifi.
Smith V. Rooney, 31.
Stewart v. Jarvis, 41, 48.
Spiers v. Carrique, 47.
Snarr v. Granite C. & S. Co., 47.
Swartwout v. Skead, 50.
Sherwood v. (.'line, ,52.
Stranger v. Tor. Telegraph Co., 5G.
Smith, re v. Grant, (VS.
Stewart v. Rounds, 73.
Somera v. Livingstone, 81.
Severn v. Street Ry. Co., 82.
Smith V Rooney, 84.
Sator V. Hubbard, 8(5.
Salaman v. Warner, 8G.
Standard Co. v. La Grange, 80.
T.
Trainor v. Halcombe, 41.
Talbot V. Poole, 44.
Traux v. Di.xon, (52.
Tuff V. Warman, 81.
Vogt V. Boyle, 48, 64.
w.
Wilson, re v. McGuiie, 11, 12, 17.
Watei'house v. INlcVeigh, 12.
Wetherall v. G;irrow, 42.
Worniitu V. Brady, 43.
Whiddoii V. Jackson, 45, 65, 69, 80.
W'allbridge v. Brown, 48.
Watson V. Severn, 49.
White S. M. Co. V. Belfry, 51, 64.
W'illianiso)! v. Bissil, 58.
Wliitehead v. Tait, 61.
Wilson V. Roberts, 61.
Wiltsie V. Ward, 61.
Watson V. Garrett, ()4.
Webster v. Ami strong, 66.
Williams v. Crow, 70, 73, 85.
\Vilson V. Brown, 84.
W^eaver v. !~^awver, 84.
Wood V. G. T. Ry., HO.
Waddell v. Robertson, 90.
Young, re 60.
J
il
J
ADDENDA.
Page 44 — Add to note of " Talbot v. Poole ": " On appeal to tlie Queen's
Bench Divisional Court, tlie decision of Street, J., was
reversed, on tlie ground that the defendant had, by liis
pleading, denied the lease. Globe, February Cith, 18!I2.''
" 80 — Add to note of " Re McGugan v. McGugan ": " An appeal to
the court of appeal on another branch of this case was sub-
sequently allowed. 12 C. L. T., p. 69.
" Afterwards an order was made, on application of the defen-
dant Hopkins, for removal of this action from the county
court of Elgin to the high court, under 54 V. c. 14. Globe,
February •2nd, 1892."
Since this book has been printed, the Dominion Statutes of last ses-
sion (54-55 Vic), have been issued. Chapter 28, entitled " An Act with
respect to certain matters affecting the Administration of Justice,"
contains amongst other matters, the following provisions, sections 2 and
3 of which are very similar to sections 14, 15 and 16 of the " Local
Courts Act," pages 15-16: —
" 1. The jurisdiction of every county court judge shall extend and
shall be deemed to have always extended to any additional territory
annexed by the Provincial Legislature to the county or district for
which he was or is appointed, to the same extent as if he were origin-
ally appointed for a county or district including such additional terri-
tory : Provided that nothing in this section contained shall, in any way,
affect any litigation now pending, in the course of which any question
has been raised as to the jurisdiction of a judge beyond the limits of the
county or district for which he was originally appointed.
*' 2. It shall be competent for any county court judge to hold any of the
courts in any county or district in the Province in which he is appointed,
or to perform any other duty of a county court judge in any such county
or district, upon being required so to do by an order of the Governor in
i
I
XVI
ADDENDA.
Council made at the request of the Lieutenant Governor of such Pro-
vince ; and without any such oi'der the judge of any county court may
perform any judicial duties in any county or district in the Province on
beinj,' requested so to do by ilie county court judge to whom the duty for
any reason belongs ; and the judge so required or requested as aforesaid
shall, while acting in pursuance of such requisition or request, be deemed
to be a judge of the county court of the county or district in which he is
so required or requested to act, and shall have all the powers of such
judge.
" 3. Any retired county court judge of a Province may hold any court
or perform any other duty of a county "court judge in any county or
district of the Province on being authorized so to do by an order of the
Governor in Council, made at the request of the Lieutenant Governor of
such Province ; and such retired judge while acting in pursuance of such
order shall be deemed to be a judge of the county or district in which he
acts in pursuance of the order, and shall have all the powers of such
» judge."
I I
In the case of Reg. v. Piel-kear Kan, an important question has
recently arisen in British Columbia, as to the power of the legislature of
that Province to extend or alter the territorial jurisdiction of county court
judges, and also as to the constitutionality of certain sections of " The
Speedy Trials Act," 52 V. c. 47 (Dom.). The county court j j-^,-:- ' / Ya'ie,
sitting in Kootenay, under the provisions of the Prc>vi' .i' .";''';, ctlid
and convicted the prisoner ; but the Supreme Court ol 3' .. ;.' )luriibia
discharged him cu a Writ of Error. At the request cf ; h ..ttorney-
General of Britisii Columbia, the Minister of Justice, on thy ^:<a o£ Feb-
ruary, 1892, directed a case to be stated for the opinion of the Supreme
Court of Canada, as to whether the provisions of the Provincial Act
were 2iltra vires, and if so, whether the Federal Statute, 54-55 Vic.
cap. 28 above referred to, has validated them, and to what extent; also
as to the territorial jurisdiction of a county court judge under the
" Speeay Trials Act."
The decision of the Supreme Court of Canada when given, will have
an important bearing on the cases cited at pages 16, 17 and 18 of this
work.
LOCAL COURTS' ACT.
CHAPTER 46, REVISED STATUTES OF ONTARIO, 1887.
An Act respecting County Judges and the Local
Courts.
Short Title, s. 1.
County Judges and Junior
Judges, es. 2-6.
Deputy Judges, ss. 7-9.
Oath of Office, s. 10.
Duties and Powers of
Judges, ss. 11-16.
County Court Districts, ss.
17-23.
Interpreters, s. 24.
Shorthand Writers, s. 25.
Local Courts of County of
York, s. 26.
TTER 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' Actr R. S. 0. 1877, c. 42, s. 1.
JUDGES AND JUNIOR JUDGES.
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
G.O.C.A. 1
i
ru
a REMOVAL OF JUDGES.
their offices during good behaviour, but shall be
subject to be removed by the Lieutenant-Governor
for inability, incapacity, or misbehaviour, estab-
lished to the satisfaction of the Lieutenant-Gover-
nor in Council. R. S. 0. 1877, c. 42, s. 2.
In re Squier, Hi C^. 15. 474, this suction, whicli assumed toroijeal C. S. V.C.
c. 14, and to abolish tho Court of Iinpcachnicnt tliereby established, was held
to be ultni virm of the Provineial Leprislature. C. S. IT. C. c. 14 was subse-
quently repealed by 45 V. e. 12(Doni.), now 11. S. C. c. V.iS; and the follf)wing
provisions resj)ectinpr the tenure of ottiee l)y, and removal of County Judges,
were substituted therefor ;-
2. Every judge of a county court in any of the Provinces of
Canada slidll, subject to the provisions of this Act, hold office
during good behaviour, and his residence within the county or
union of counties for which the court is established :
(2) A judge of a county court may be removed from office
by the Governor in Council for misbehaviour, or for incapacity
or inability to perform his duties properly, on account of old age,
ill health, or any other cause ; if —
(a) The circumstances respecting the misbehaviour, incapa-
city, or inability are first inquired into ; and —
(h) Such judge is given reasonable notice of the time and
place appointed for the enquiry, and is afforded an opportunity,
by himself or his counsel, of being heard thereat, and of cioss-
examining the witnesses, and adducing evidence on his own
behalf :
(3) If any such judge is removed from office for any of such
reasons, the order in council providing for such removal, and
all reports, evidence, and correspondence relating thereto, shall
be laid before Parliament within the first fifteen days of the
next ensuing session :
(4) The Governor-General in Council may, for the purpose of
making inquiry into the circumstances respecting the misbeha-
viour, inability, or incapacity of such judge, issue a commission
to one or more judges of the supreme court of Canada, or to
SALARIES OF JUDGES.
8
any one or more judges of any superior court in any Province
of (Canada, empowering him or them to make snch enquiry and
to report, — and may, by such commission, confer upon the
person or persons appointed full power to summon before him
or them any person or witnesses, and to require them to give
evidence on oath, orally or in writing, or on solemn affirmation,
if they are persons entitled to affirm in civil matters, and to
produce such documents and things aiS the commissioner or
commissioners deem requisite to the full investigation of the
matters into which they are appointed to inquire :
(5) The commissioner or commissioners shall have the same
power to enforce the attendance of such person or witness, and
to compel him to give evidence, as is, in civil cases vested iu
any superior court of the Province in which the enquiry is being
conducted ; but no such person or witness shall be compelled to
answer any question, by his answer to which he would render
himself liable to a criminal prosecution :
(61 This section shall apply to judges now holding office, as
well as to those hereafter appointed, and a judge now holding
office may be removed under this section for misbehaviour,
incapacity, or inability, occurring or existing before the passing
of this Act. 45 V, c. 12, ss. 2, 3, 4 and 5.
By section 11 of tlio above Act the salaries of county court judge* in
Ontario ar« as follows :—
The judge of the county court of the county of York, $2,400
per annum ;
The judges of other county courts, each $2,000 per annum,
during the first three years of service, and after three years of
service as such judge, each $2,400 per annum ;
Junior judges of county courts, each $2,000 per annum ;
The salary of any judge now receiving a greater salary than
the maximum herein allowed, shall, during his incumbency,
remain at its present rate.
Section 13 gives each judffo an additional allowance of $200 p*r annum
for travelling expenses.
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4 APPOINTMENT OF JUDOES.
3. The person appointed to be the judge or
junior judge of a county court shall be a barris-
ter of at least five years standing at the bar of
Ontario. C. S. U. C. 15, s. 2; 49 V. c. 16, s. 2.
Sections 96 and 97 of the B. N. A. Act are as follows :—
96. The Governor-General shall appoint the jndgeii of the
superior, district, and county courts in each Province, except
those of the courts of Probate in Nova Scotia and New Bruns-
wick.
97. Until the laws relative to property and civil rights in
Ontario, Nova Scotia, and New Brunswick, and the procedure
of the courts in those Provinces, are made uniform, the judges
of the courts of those Provinces appointed by the Governor-
General shall be selected from the respective bars of those
Provinces.
As to appointment of district judges in provisional judicial districts, see
R. S. O. c. 91, ss. 52 and 54, infra.
4. (1) In case more than one county court
Judge is appointed for any county, then, unless
otherwise expressed in the commission, the judge
whose commission has priority of date shall be
styled ''the judge of the county court of "
(as the case may be), and the other judge of the
same court shall be styled "the junior judge"
tliereof.
(2) No junior judge shall be appointed in or
for any county or union of counties, unless the
population of the county or union of counties
exceeds forty thousand, as appears by the official
census then last taken. E. S. 0. 1877, c. 42, s. 3.
See 54 V. c. 15, as to provision for appointment of a second junior judp-e in
the County of York.
RESIDENCE OF JUDGES. 5
A junior judge of <v county court in "a judge of a county court " within
the meaning of t)<o Extradition Act : re Parker, 10 O. II. 512 ; re Gdrbutt,
21 O. R. 179.
5. Every county court judge shall reside within
the county or union of counties of which his com-
mission designates him as judge ; and there shall
continue to be a resident judge in each county or
or union of counties, now having a county judge.
E. S. 0. 1877, c. 42, s. 4.
6. No judge shall, during the continuance of
his appointment, directly or indirectly practice in
the profession of the law as counsel, solicitor,
notary public, or conveyanc3r, or do any manner of
conveyancing, or prepare any papers or documents
to be used in any court in this Province, under
the penalty of forfeiture of office and the further
penalty of |5400 to be recovered by any person
who sues for the same in the high court, and
one-half of the pecuniary penalty shall belong to
the party suing, and the other half to Her Majesty.
R. S. 0. 1877. c. 42, s. 5.
In an action brought for the penalty under this section, the declaration
alleged that defendant, being a judge, did in certain proceedings in the
surrogate court prepare certain papers and documents to be used in said
court, to wit, the petition of one G., etc. Defendant pleaded that ho did not
practice in the profession of the law as an attorney for said G., or as such
attorney prepare any papers or documents to be used in said surrogate court.
The evidence showed that defendant prepared gratuitously for G., who was
a widow in poor circumstances, the petition, bond and affidavits to enable
her to obtain administration to her late husband ; — Held, that the pl(?a was
proved, and a verdict was, therefore, entered for defendant on the leave
reserved. Per Drainer, C.J. of Appeal, and Morrison, J., the evidence did
not bring defendant within the spirit of the Act, or the mischief against which
it was directed, which was the doing the acts prohibited for profit. Allen
q. t. V. Jarvis, 32 Q. B. 56.
6
DEPUTY JUDGES.
DEPUTY JUDGES.
7. (1) A barrister of at least three years'
standing at the bar of Ontario may be appointed
to be deputy judge for any county.
(2) The appointment may be made notwith-
standing that the office of judge is vacant by death,
or resigi ation, or that the judge is ill or absent at
the time of the appointment of such deputy judge.
R. S. 0. 1877, c. 42, s. 6.
8. Every deputy judge shall hold office during
pleasure, and in case of the death, illness, or
absence of the judge, shall have authority to per-
form in the place of the judge, in the county for
which he is deputy, all the duties of and inci-
dent to the office of judge of the county court
and division courts, and all acts required or
allowed to be done by the judge of the county
court under this or any other statute. R. S. 0.
1877, c. 42, s. 7.
9. No deputy judge shall be disabled from
practising the profession of the law while holding
his appointment. R. S. 0. 1877, c. 42, s. 8.
See 53 V. c. 25, as to deputy and junior judges in provisional judicial
districts.
It was held, that a commission appointing a deputy judge during pleasure
and the absence of the county judge, was validly issued under P. S. O.
c. 42, and that it was not essential to enable the deputy judge to act that
the county judge should be absent from the county : Regina v. Fee,
3 O. R. 107.
DUTIE8 AND POWERS OP JUDv f18.
OATH OF JUDGES.
10. No county court judge or deputy judge,
shall enter upon the duties of his office until he has
taken the following oath before some person
appointed by the Lieutenant-Governor to adminis-
ter the same, that is to say :
"I, , do swear that I will (m the rase of a
(It'inttif judt/i add the u-ords as occasion may require,) truly and
faithfully, according to ray skill and knowledge, execute the
several duties, powers and trusts of judge of the county court of
the county of (or united counties of ,
an the case may he), and of the several division courts within the
same, without fear, favour or malice : So help me God."
K. S. 0. 1877, c. 42, s. 9.
5
DUTIES AND POWERS OF JUDGES.
See, in addition to the following provisions, "The County Courts Act,"
R. H. O. c. 47, infra, as to duties and powers of judges.
11. Every county court judge, not including a
deputy judge, shall be ex officio a justice of the
peace for every county and part of Ontario, and
nuiy act in the office of justice of the peace in any
part of the Province; and no property or other
qualification shall be required in the case of a
county court judge. K. S. 0. 1877, c. 42, s. 10.
Chapter 153, R. S. C, "An Act respecting prize fighting," contains the
following provision : —
10. Every judge of a superior court or of a county court,
judge of the sessions of the peace, stipendiary magistrate, police
magistrate, and commissioner of police of Canada shall, within
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DUTIES AND POWERS OP JUDQES.
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the limits of hid jurisdiction as such judge, magistrate or com-
missionei, have all the powers of a justice of the peace with
respect to offences against this Act. 44 V. c. 80, s. 10, part.
Section 157 of the Judicature Act confers the following additional lowers
on county judges : —
167. The judges of the several county courts shall be judges
of the High Court for the purposes of their jurisdiction in
actions in the higL court ; and in the exercise of such jurisdic-
tion 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.
The following sub-section was added by 52 V, c. 11, s. 1 : —
(2) A local judge of the high court may, in cases of emer-
gency, grant an interlocutory injunction under sub-section 8 of
section 53 of this Act, in any action in the high court brought
in his county, on proof, to the satisfaction of the judge, that the
delay required for an application to the high court is likely to
ir zolve a failure of justice ; such injunction to remain in force
for a period not exceeding eight days as such local judge may
direct, unless continued by the high court. Such injunction
shall be by order to be signed, sealed, and issued by the deputy-
registrar or deputy-clerk of the Crown of such county, upon the
direction or fiat of such local judge, and such injunction shall
have the same force and effect and may be continued, varied,
dissolved and otherwise dealt with by the high court as n it
had been originally granted by judgment or order of the high
court.
Con, Hule 41, as originally passed, provided as follows : —
41. The judge of every county court other than the county
court of York, shall in all actions brought in their county have
concurrent jurisdiction with and the r^ame power and authority
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DUTIES AND POWERS OF JUDGES.
9
as the master in chambers in all proceedings now determined
in chambers at Toronto, except that the authority of such
judge shall not extend to [proceedings in the nature of a (juu
warranto under the Municipal Act, or to] the payment of money
out of court, or dispensing with payment of money into court,
in any action or matter, or to appeals from the taxing officers in
Toronto pending taxation, or to making an order for the sale of
infants' estate. 48 V. c. 13, s. 21. J. A. Rule 584.
The words in brackets were, however, in effect, repealed by 52 V. c. 36, s. 4(i,
which is as follows : —
46. (1) A judge of the county court shall have the same
jurisdiction as a judge of the high court to try the right of a
municipality in the county of such county court judge to a reeve
or deputy reeve or reeves, or the validity of the election or
appointment of mayor, warden, reeve, deputy reeve, alderman,
or councillor in the said county ; and the practice with respect
to such trial, and to the proceedings incident thereto, shall be
the same, as nearly as may be, as in the high court for the
time being.
(2) The judgment of a county court judge under this section
shall be appealable to a judge of the high court, and the pro-
ceedings incident thereto shall be the same, as nearly as may be,
as in the case of an appeal in other cases from the judgment of
a local master or the master in chambers. The judgment of a
judge of the high court on such an appeal shall be final.
The jurisdiction of the Master in Chambers is prescribed by Con. Rule 30,
as follows : —
80. The master in chambers, in regard to all actions and
matters in the high court, including proceedings in the nature
of a qm warranto under the Municipal Act, shall be and hereby
is empowered and required to do all such things, transact all
such business, and exercise all such authority and jurisdiction
in respect to the same as by virtue of any statute or custom, or
by the rules of practice of the superior courts, or any of them,
respectively, were at the time of the passing of the Acts
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DUTIES AND POWERS OF JUDGES.
i).
(;.
83 V. (0.) c. 11, 37 V. (0.) c. 7 and the Ontario Judicature Act,
1881 — or are now done, transacted, or exercised by any judge of
the said courts sitting at chambers, save and except in respect
to the matters following : —
1. All matters relating to criminal proceedings, or the
liberty of the subject ;
2. Appeals and applications in the nature of appeals ;
3. Proceedings as to lunatics under the Revised Statutes of
Ontario, chapter 54, sections 5, 6, 7, 8, 9, 17 and 18,
and chapter 44, section 140 ;
4. Applications to ai'rest ;
Petitions for advice under the Revised Statutes, chapter
110, section 37;
Applications as to the custody of infants under tlie
Revised Statutes, chapter 187, section 1 ;
Applications as to leases and sales of settled estates ; to
enable minors, with the approbation of the court, to
make binding settlements of their real and personal
estate on marriage ; and in regard to questions sub-
mitted for the opinion of the court in the form of
special cases on the part of such persons as may by
themselves, their committees, or guardians, or other-
wise, concur therein ;
Opposed applications for administration orders ;
Opposed applications respecting the guardianship of ti.'e
person and property of infants ;
Applications for prohibition, mandamus or injunction.
Proceedings as to partition and sale of real estate, under
the Revised Statutes, chapter 104.
Applications for leave to appeal after the time limited
for that purpose has elapsed.
IH. Appeals from judges of the county courts or jcal
masters, or in respect of any other matter which by
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DUTIES AND POWERS OF JUDGES.
11
these rules is expressly required to be done by a judge
of the high court.
14. The payment of money out of court, or dispensing with
payment of money into court, in administration and
partition matters,
and except (unless by consent of the parties) in respect of the
following proceedings and matters, that is to say : —
The removal of causes from inferior courts, other than the
removal of judgments for the purpose of having execu-
tion.
The referring of causes.
Reviewing taxation of costs, except as provided in Rule 854.
Staying proceedings after verdict or judgment.
In Reg. ex rel. McGuire v. Birkett, 21 0. R. 162, it was held, following the
principle of tho decision of re Wilson v. McGuire, 2 O. R, 118, infra, that the
Provincial Legislature had power to invest the Master in Chambers with
authority to try controverted municipal election cases.
Section 125 of the Judicature Act is as follows : —
125. (1) There shall be a local master in every county or
union of counties other than the county of York, and every local
master hereafter appointed shall reside in the county for which
he is appointed.
(2) When a vacancy occurs in the office of local master, the
judge of the county court for the county shall be local master
until and unless another person is appointed local master. In
such case if there are two county judges, a senior and junior
judge, both judges shall be local masters until and unless one of
them or some other person is appointed sole local master.
44 V. c. 5, s. 64 (1, 2).
(8) Except in the county of York, the several clerks of the
county courts shall be ex officio deputy clerks of the crown and
pleas of the high court for their county. R. S. 0. 1877, c. 39,
s. 37.
(4) Where a county court judge is a local master, the county
court clerk shall be the deputy registrar. 44 V. c. 6, s. 64 (8).
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DUTIES AND POWERS OF JUDGES.
Section 6 of the Surrogate Courts Act is as follows : —
6. The senior judge of the county court in every county
shall be ex officio judge of the surrogate court for the county;
and in case of the illness or absence or at the request of a judge
of a surrogate court, or in case the office of senior judge is
vacant, the junior or acting judge or the deputy judge (if any) of
the coui / court, shall have all powers and privileges and per-
form all the duties of the judge of the surrogate court. R. S. 0.
1877, c. 46, s. 6.
Section 21 of the Division Courts Act is as follows : —
21. (1) The division courts shall be presided over by the
county court judges or junior or deputy judges in their respective
counties.
(2) The junior judge for the county shall (subject to any other
arrangement from time to time made with the senior judge or
made by the judges of a county court district which includes
such county) preside over the division courts of the county.
(3) The appointment of a junior judge shall not prevent or
excuse the judge of the county court from presiding at any of
the division courts within his county when the public interests
require it. R. S. 0. 1877, c. 47, s. 19.
See, however, sections 17 to 23 of this Act, infra, and Ee Wilson v.
McGuire, 2 O. R. 118 in note thereto.
By R. S. O. c. 6G, s. 2, a judge of a county court may order a writ of
attachment to issue in a high court case against the property of an absconding
debtor. It was held in Disher v. Disher, 12 P. R. 518, that a county court
judge has no power to set aside an order made by himself under this section .
By R. S. O. c. (>7, s. 1, a judge or acting judge of a county court may make an
order in the nature of a ca. re. in a liigli court case ; and by Con. Rule 1057 he
may also set aside such order, or order that the defendant be discharged out of
custody. By s. 9, however, a ra. so. can be issued in the high court, only on
the order of a judge of the high court, where the defendant had not been pre-
viously held to bail. It w.os held in VVaterhouse v. McVeigh, 12 P. R. 670,
following Cochrane Manufacturing Company v. Lemon, 11 P. R. 351, that a
comity court judge has not this power as a local judge of the high court. It
was also held that a judge of the high court sitting in "single court" has
power to set aside such an order.
By R. S. O. c. 48, s. 6 (infra), the county court judge is to preside as chair-
man of the general sessions of the peace for his comity.
By s. 124 of the Judicature Act, tlie county court judge is ex officio An
official referee.
DUTIES AND TOWFJIS OF JUDGES, 18
ADDITIONAL DUTIES OF COUNTY JUDGES.
In addition to the duties and powers hereinbefore specifically mentionud,
•and those referred to in "The County Courts Act," R. S. O. c. 47, infra, certain
duties are imposed on, and powers given to county court judges under the
following Acts : —
DOMINION ACTS.
The Electoral Franchise Act, R. S. C. c. 5.
The Dominion Elections Act, R. S. C. c. 8.
The Speedy Trials Act, 52 V, c. 47.
The Seaman's Act, R. S. C. c. 74.
The Pilotage Act, R. S. C. c. 80.
The Wreckage and Salvage Act, R. S. C. c, 81.
The Extradition Act, R. S. C. c. 142.
The Summary Convictions Act, R. S. C. o. 178, as amended by 51 V. c. 45
and 53 V. c. 37.
ONTARIO ACTS.
The Voters' Lists Act, 52 V. c. 3.
The Ontario Elections Act, R. S. O. c. 9.
The Drainage Act, R. S. O. c. 36.
The Jurors' Act, R, S. O. c. 52.
The Arbitration Act, R. S. O. c. 53.
Th^ Act respecting Commissioners, R. S. 0. c. 62.
The Creditors' Relief Act, R. S. O. c. 65.
The Indigent Debtors Act, R. S. O. c. 68.
The Summary Convictions Act, R. S. O. c. 75 (and see R. S. O. c. 92, s. 7,
and 53 V. c. 56, s. 14).
The Act respecting Constables, R. S. O. c. 82.
The Act respecting Crim. Justice accounts, R. S. O. c. 84.
The Partition Act, R. S. O. c. 104.
The Registry Act, R. S. O. c. 114.
The Land Titles Act, R. S. O. c. 116.
The Act respecting Mill Dams, R. S. O. c. 118.
The Rivers and Streams Act, R. S. O. c. 120.
The Act respecting Assignments, R. S. O. c. 124.
The Mechanics' Lien Act, R. S. O. c. 126.
The Married Woman's Property Act, R. S. O. c. 132.
The Dower Act, R. S. O. c. 133.
The Act respecting Infants, R. S. O. c. 137.
The Act respecting Apprentices, R. S. O. c. 142.
The Overholding Tenants Act, R. S. O. c. 144.
The Act respecting Notaries, R. S. O. c. 153.
The Road Companies Act, R. S. O. c. 159.
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14 DUTJE8 AND POVVEKS OF JUDGES.
The Benevolent Societies Act, R. S, O. c. 172.
The Municipal Act, R. S. O. c. 184, (nee also 52 V, c. 36, s. 46).
The Assessment Act, R. S. O. c. 193.
The Liquor License Act, R. S. O. c. 194, as amended by .53 V. c. ')(y, s. 14.
The Line Fences Act, R. S. O. c. 219.
The Ditches and Watercourses Act, R. S. O. c. 220, (see also .'iS V. c. 67).
The Act resjjecting Neglected Children, 51 V. c. 40.
The Act respecting Flooding Lands, 52 V. c. 16.
The Public Schools Act, 54 V. c. 55.
Under several of these statutes an appeal lies from the decision of the
county judge to the court of appeal : see R. S. O. c. 44, s. 44 ; see
also R. S. O. c. 47, s. 42, in/i-<i, as to ajipeals.
12. Where any power or authority is, by this
Act or by any statute now in force or which may
hereafter be passed, conferred upon or is otherwise
exercisable by the senior judge of a county court,
whether with reference to the holding of any of the
courts of the county which the said judge may
hold, or to the business of any of the said courts,
or to any other matter or thing over which the said
judge has jurisdiction, either by virtue of any
statute or otherwise howsoever, the like power
and authority shall be possessed by, and may be
executed by the junior judge, subject, however, to
the general regulation and supervision of the
senior judge. E. S. 0. 1877, c. 42, s. 11.
See ir. Parker, 19 O. R. 512 : re, Garbutt, 21 O. R. 179, supra, note to s. 4.
13. At any sittings of the county court at the
same time as the sittings of the court of general
sessions of the peace, or of a division court in any
county, or of any two of the said courts at the
same time, either the senior or junior judge or
both of thein, may, if the senior judge thinks fit,
preside in any of the said courts, or each of them
JURISDICTION OF JUDGES.
15
in one of said courts at the same time, so that two
of the said courts may sit and the business therein
be proceeded with simultaneously, li. S. 0. 1877,
c. 42, s. 1'2.
14. It shall be the duty of a county court judge
to hold any of the courts in any county other than
his own, or to perform any other duty of a county
court judge in any county, upon being required so
to do by an order of the Governor-General made
at the request of the Lieutenant-Governor ; or,
without any such order, the judge in any county
may, if he sees lit, perform any judicial duties in
any county other than his own on being requested
to do so by the judge to whom the duty for any
reason belongs. E. S. 0. 1877, c. 42, s. 13.
15. Any retired county court judge may hold
any court or perform any other duty of a county
court judge in any county, on being requested to
do so by the judge to whom the duty for any reason
belongs, or upon being authorized so to do by an
order of the Governor-General, made at the
request of the Lieutenant-Governor. E. S. O.
1877, c. 42, s. 14.
16. In the cases mentioned in the next preced-
ing two sections, the judge, acting in compliance
with such direction or request, shall have jurisdic-
tion to hold all or any of the courts of the county
in which he so acts, and to do or adjudicate upon
all matters or things in such county and whether
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JURISDICTION OF JUDGES.
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relating to the business of any of the said coiirts or
to any other matter or thing over which the judge
of the county court of the county has jurisdiction,
either by virtue of any statute or otherwise how-
soever ; and no act of such judge in r.ny county
shall be open to question in any legal proceeding
on the alleged ground that he was not the proper
judge to perform the duty, or that the same had
not been regularly or otherwise assigned to him,
or had not been performed at such request, or by
such direction, as the law requires. R. S. 0. 1877,
c. 42, s. 15.
It was held in Nova Scotia, under a similar statute, that a county judge
sitting in Cape Breton County, had no jurisdiction to try a municipal election
petition to set aside the election of a councillor for Richmond County :
Catherine v. Morrison, 21 N. S. R. 291.
Similarly, in New Brunswick, where the county judge of St. John was
called in by the county judge of Albert to try a case under the County Court
Act, and, while sitting in chambers in St. John, issued a summons for a new trial,
but afterwards discharged it on the ground that he had no power to act in
St. John, it was held that the first summons was a nullity, and that he had
power to issue a new summons in Albert : Steeves v. Lucas, 15 N. B. R. 70.
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COUNTY COURT DISTRICTS.
17. (1) Any part or parts of the Province
may, for the purposes of this Act, be divided into
districts, or groups of counties, by proclamation of
the Lieutenant-Governor at such time or times as
he may deem expedient; and such division shall
take effect, and the districts thereby formed be
erected and established, on such day after the first
publication of the proclamation in the Ontario
Gazette as the proclamation may name.
COUNTY COURT DISTRICTS.
17
(2) The districts so erected may from time
to time, be dissolved, re-established, altered or
re-arranged by the Lieutenant-Governor by like
proclamation ; and the time when the dissolution
alteration or re-arrangement is to take effect may
be named, proclaimed and published in the Ontario
Gazette in like manner. E. S. 0. 1877, c. 42, s. 16.
18. After the erection of a district for the
purposes of this Act, the several county courts,
courts of general sessions, division courts, courts
of appeal under the Assessment Act, courts for the
revision of voters' lists and all other courts which
a county judge may hold in each county shall be
held by the judges (including therein the junior
judges) in the district, in rotation, as far as may in
each district be just, convenient and practicable,
in view of the respective ages, length of service,
and strength of the several judges and the special
duties assigned to junior judges, as well as in view
of the other offices, (if any) held by any of the
judges, and all other circumstances. K. S. O.
1877, c. 42, s. 17.
An order for the committal of a defendant was made by the judge of the
county court of the County of Lambton, sitting in a division court in the
C!ounty of Middlesex under the provisions of the above sections. A motion
for prohibition was made on the ground that that enactment was idtra mres .
Held, Armour, J., dissenting, that th-. Provincial Legislature has complete
jurisdiction over the division courts, including the appointment of officers to
preside over them ; that the learned judge acted in the Middlesex division
court as one of the j)ersons designated by the Legislature to preside over it,
and having regard to the enactment in question, sololy in its bearing on
division courts, it was not ultra vires. In re Wilson v. McGuire, 2 O. R. 118.
In a subsequent case an application was made for a prohibition to restrain
proceedings to enforce an order of the sessions of the county of Renfrew, which
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COUNTY COURT DISTRICTS.
were preHidod omt by the county judpo of Lanark under the provisiouH
these sectionH, (luanhing a conviction witii coats. Held, i)er Armour an
O'Connor, .1.1., that tlie county judpe of the county of Lanark had no iKJwer
to preside at the sessions in tlie county of Renfrew, the above sections
authorizing him to do so being itllra vina, Wilson, C.J., ufKUi this jioint
gave no iMwitive opinion, but inclined to the oiiposite view : Gibson v.
McDonald, 7 <). R. 101.
In consequence of tiu! latter deci.sion, the judges in " grouped " coujities
have ceased to hold courts in otlier than their own comities, except in Middle-
sex and Lambton, where the division courts are still held by the judges of both
counties in rotation. .See note to R. S. (), c. 47, s. 13, infra,
it has been held in Nova Scotia that the turriforidl jurisdiction of county
court judges does not de|iend ujum their commissions, which are only descrip-
tive of the tribunal over which such judges are appointed to preside, but ujiou
the enactments of the Provincial Legislature, which may define, enlarge, and
extend the districts within which the judges sit, as it sees fit : Crowe v.
McCurdy, 18 N. S. R. 301.
In a more recent case in New Brunswick, it was held (per Weldon, Fisher,
and Wetmoro, J.T., AUen, C.J., and Duflf, J., dissenting), that section 1 of the
Act 31) V. c. .5, inti4led "An Act to establish Parish Courts," which section
provides that the commissioners shall be apjwinted by the Lieutenant-Gover-
nor in Council, is not tiltra vircn of the Local Legislature : Ganong v. Bayley,
17 N. B. R. 324.
See also judgment of McMahon, .1., in Reg. ex ni. McGuire v. Birkett, 21
O. R. 162, as to the power of the Provincial Legislature to authorize the
master in chambers to try controverted municipal election cases ; and his
remarks at page 172 on the refwrt of the Minister cf .lustice, advising the dis-
allowance of the Act of the Legislature (jf Quebec, which created district
courts for the district of Montreal, and authorized the ai>i>oiiitment of
magistrates therefor by the Lieutenant-Governor in Council.
The following live secticms have also ceased to be acted U[)oii, except in
Middlesex and Lambton, since the decision of Gibson v. McDonald, supra : —
19. (1) The judges in any or each district so
erected shall meet together at least once in every
year; and the judges present, or a majority of
them, shall arrange and appoint which of the said
courts in the district shall be held by each of the
judges in the district throughout the ensuing year,
and what other judicial work each shall discharge
in the respective counties of the district throughout
the year.
COUNTY COURT DISTRICTS.
19
(2) The judges may also (subjecit to the approval
of the Lieutenant-Governor in Council, to be noti-
fied in the Ontario Gazette) fix and appoint the
times in the months of June and December
respectively in every year, for the holding of the
county courts and general sessions of the peace in
every county of such district, and the courts shall
be held on the days so appointed. K. S. 0. IS'^T,
c. 42, s. 18.
20. (1) '^^^ fi^st meeting shall take place at
such place and time as may be named for that
purpose in the proclamation erecting and estab-
lishing a district of counties, or at the place and on
the day the judges of the district may agree upon
in case the same are not named in the proclama-
tion ; and the meeting may be continued from day
to day at the discretion of the judges present.
(2) The subsequent annual meetings shall be
at such one of the county towns of the district,
and at such place therein, and at such time as the
judges of the district may unanimously agree upon,
or as a majority present at the annual meeting
may appoint, or as the Lieutenant-Governor may
by Order in Council direct. li. S. 0. 1877,
c. 42, s. 19.
21. It shall be the duty of every judge to
whom any duty is assigned at such meeting to
perform the duty so assigned to him ; and if he is,
by reason of illness or other cause, unable to
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INTEHIMIKTRRS.
perform the same it shall ho his duty to do what is
necessary if he can, to have the duty performed i)y
another person competent by hiw in that hclinlf.
R. S. O. 1877, c. 42, s. 20.
22. Ill case no provision is made at such
meeting for some duty belonging to the county
court judges, or in case the provision made in that
behalf proves abortive, it shall be the duty of the
judges of the district to see that the deficiency is
supplied by some other person competent by law
in that behalf, and to forthwith connnunicate w4iat
they do therein to the Provincial Secretary.
R. S. 0. 1877, c. 42, s. 21.
23- The judge of any county forming part of
a district may if he sees occasion, perform in any
part of the district any jndicial acts affecting the
courts or business of the county of which his com-
mission designates him as judge, and being within
the legislative authority of this Province. R. S. 0.
c. 42, s. 22.
INTERPRETERS.
24. In case the municipal council of any
county pass a resolution requesting or approving
of the appointment of an official interpreter to act
at the courts held in that county, an appointment
may be made accordingly in the same manner,
and subject to the same terms and conditions, as
provided in regard to shorthand writers by the
next section and the said section shall apply as
it]
SHORTHAND WRITERS.
21
48
nearly as may ho to the official interpreters.
V. C.18, s. 2G.
SHORTHAND WRITERS.
25. (1) Ii^ f»i«t' the nnniicipal council of any
county or the municipal councils of any county
and a city or town united with the county for
judici.'il purposes and not within the jurisdiction
of the county council, pass a resolution or resolu-
tions, as the case may he, requesting- or approving
of the appointment of a shorthand writer to and
for the local courts of the county, the Lieutenant-
Governor may from time to time appoint a person
to mi the office of shorthand writer for the said
courts, and such person shall he subject to the
direction of the senior judge, or, in his absence, to
the direction of the junior judge, and shall be
entitled to such remuneration, either by salary or
by fees, or partly by salary and partly by fees, as
the Lieutenant-Governor in Council may from time
to time direct ; and if paid by salary only, the fees
payable in respect of his duties as a shorthand
writer shall go in reduction of his salary, and the
balance, if any, shall be paid by the county
quarterly, on the first day of January, April, July
and October of every year.
(2) The fees, and all matters relating to the
duties of the said officer shall be determined and
regulated from time to time by the judges of the
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said county court, subject to the approval of the
Lieutenant-Governor in Council.
(3) The city or town aforesaid, shall bear and
recompense the county for a proper proportion of
the salary, and the proportion, in case the city or
town and county 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 deter-
mines a different proportion, the city or town shall
pay to the county one-half, and the county's share
shall be one-half of said salary.
(4) This section shall not apply to the County
of York. K. S. 0. 1877, c. 42, s. 23.
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26. (1) The Lieutenant-Governor may from
time to time appoint a person to fill the office of
shorthand writer for the local courts of the County
of York, and such person shall be subject to the
direction of the senior judge, or, in his absence, to
the direction of the junior judge, and shall be
entitled to such remuneration, either by salary or
by fees, or partly by salary and partly by fees, as
the Lieutenant-Governor in Council may from
time to time direct ; and if paid by salary only, the
fees payable in resnect of his duties as a shorthand
writer, shall go in reduction of his salary, and the
balance, if any, shall be paid by the county quar-
terly, on the first day of January, April, July and
October of every year.
SHORTHAND WRITERS.
23
(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 recom-
pense the 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 deter-
mines a different proportion, the city shall pay to
the county one-half, and the county's share shall
be one-half of the salary. . K. S. 0. 1877, c. 42, s. 24.
Sae 54 V. c. 15 as to provision for appointment of an additional junior judge
in the County of York.
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COUNTY COURTS ACT.
CHAPTER 47, REVISED STATUTES OF ONTARIO, 1887.
An Act respecting the County Courts.
Short title, s. 1.
Stylp: of the Courts, s. 2.
J r DOES, 8. 3.
Clerks, ss. 4-10.
Special examiners of High
Court to be officers of
County Courts, s. 11.
Sittings, ss. 12-17.
Jurisdiction, ss. 18-22.
Eemoval of Actions by cer-
tiorari, ss. 23-25.
Pleading and Practice, ss.
26-29.
Costs, s. 30.
Execution, ss. 31, 32.
Power to enfokce Bcles,
s. 33.
Accounts and Inquiries,
ss. 34-37.
Tranfers, s. 38.
Costs of transfer or refkr-
ence, s. 39.
Appeals, ss. 40-52.
Rules of Law, s. 53.
Rules of Court, s. 54.
Tariff of Costs, s. 55.
TJEE 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:' E. S. 0. 1877, c. 43, s. 1.
JUDGES.
25
2. There shall be in every county or union of
counties a court 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 imder such names respec-
tively, and all existing connnissions, judges and
officers of such county courts shall continue sub-
ject to the provisions of this Act. R. S. 0. 1877,
c. 43, s. 2.
Theso cc)\irts were eatablislioil in Upper Canada, under tlio nanio of " di.s-
trict wjurts'' by 8 V. c. 13, which consolidated previous! statutes from 2 (ieo. IV
to 4 & 5 V, They have since undergone numerous chanp;es, both in juris-
diction and procedure, and they now occupy an intermediate position between
the liigli court and the division courts. They were given a limited e<piity
jurisdiction by IfJ V. c. Hi), but this was subsequently taken away by "The
Law Reform Act" 32 V. c. (>, s. 4. In England the existing county courts
were establislied by it & 10 V. c. 95 ; and tlie statutes relating thereto were
consolidated by 51-52 V. c. 43. The English county courts possess nearly the
same jurisdiction as our county and division courts combined, and the plead-
ing, procedure, and practice are somewiuit similar to tiiose of our division
courts, witli a sliding scale of costs, according to the amount of the claim.
The Manitoba county coiu-ts (see 50 V. c. !!•), are very similar to the Kuglisii
in all these respects. In Nova Scotia (see 52 V. c. 9), the pleading and i)rac-
tice of tile ounty courts are similar to those of tlio supreme court, witli wiiich
they have concui-rent jurisdicti(m u[) to ."i^lOO, and exclusivi' jurisdiction in
actions of debt below SSO, and not less than $20. Claims up to .'?20 are witliin
the civil jurisdiction of justices of tiie peace. Tiiore is also a sliding scale of
costs in the county court, according to tiie amount of tlie claim. Tlie New
Brunswick County Courts Act resembles that of Nova Sc(.>tia ; and the civil
jurisdiction of justices of the peace is also similar to that in Nova Scotia.
JUDGES.
3. The county court in every county shall be
presided over by the judge or junior or acting judge
or deputy judge as provided by "The Local Courts
Act," li. 8. 0. 1877, c. 4:-3, s. S.
See R. S. O. c. 4(5, ss. 2 to 9, supra, and notes tiiereto.
See also 54 V. c. 15, as to provision for a second junior judge iu the County
of York.
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CLERKS.
CLERKS.
4. The Lieutenant-Governor shall from time
to time appoint, under the great seal, a clerk to
every county court, to hold office during pleasure.
E. S. 0. 1877, c. 43, s. 4.
5. Every clerk of a county court shall give
security for the due performance of his ofHce, in
such sum and with so many sureties, and in such
manner and form as the Lieutenant-Governor
directs. E. S. 0. 1877, c. 43, s. 5.
6. (1) The clerk of every county court shall
keep his office in the court house, or if there be no
room therein, then in such place within the county
town, as lihe judge directs. E. S. 0. 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.
Con. Rule 1261 is as follows :—
1261. Every county court clerk shall keep his office open for
the transaction of business on every day except on holidays, and
except as hereinafter provided from the hour of 10 in the fore-
noon, to the iiour of 3 in the afternoon. On and between the
1st day of July and the 81st day of August, and on and between
CLERKS.
27
the 24th day of December and the 6th day of January, every
such clerk shall keep his office open for the transaction of busi-
ness, from 10 in the forenoon until noon ; and during the statu-
tory sittings of the court, such clerk shall keep his office open as
aforesaid, on and between the said dates until 4 in the afternoon.
J. A. Rule 634.
A clerk of the county court, being also ex officio deputy clerk of the crown
and clerk of assizes, is privileged from arrest only while engaged in his official
duties, or while going to and returning from his office, and this court therefore
discharged a rule to prohibit tlie county court judge from issuing an order of
commitment against such officer. In re Mackay v. Goodson, 27 Q. B. 203.
7. The clerk of every county court shall from
time to time as often as required so to do by the
county crown attorney of his county, and at least
once in every three months, deliver to 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 tines levied by the Court.
E. S. 0. 1877, c. 43, s. 8.
In addition to the above, the following duties are imposed by R. S. O. c. 15,
8. 29:—
29. Every clerk of a county court and every registrar of a
surrogate court and every clerk of a division court for a division
embracing a city or part of a city, shall keep a separate book, in
which he shall enter from day to day all fees, charges and emolu-
ments received by him by virtue of his office, shewing the sums
received by him for fees, charges and emoluments of all kinds
whatsoever, and shall on the 16th day of January in each year
make up to and including the 31st day oi' December of the pre-
vious year a return to the Lieutenant-Governor, under oatli of
such fees, charges and emoluments so received by him during
the said year. 41 V. c. 2 s. 84.
53 V, c. 12, c. 7, provides for the following additional returns by county
court clerks :—
7. (1) Every clerk with whom instruments are required to
be registered under the provisions of the " Act respecting Mort-
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CLERKS.
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gages and Sales of Personal Property," shall on or before the 15th
(lay of January in each year, transmit to the Minister of Agricul-
ture retuj'ns which shall set out.
(rt) The number of chattel mortgages and renewals, the num-
i discharges, and the number of assignments for the benefit
■, ?■ litors on record and undischarged in the office of such
clerk on the 1st day of January, in the year preceding that in
which the votm'n is made.
[Ii) Tlio !\aa)\.er of chattel mortgages and renewals, the num-
ber of discharges, and the number of assignments for the benefit
of creditors registered in such office during the year following
said 1st day of January, and
{<■) The number of chattel mortgages and renewals, the num-
ber of discharges, and the number of assignments for the benefit
of creditors on record and undischarged in said office on the 81st
day of December in said year.
(2) The returns shall not include instruments which have
lapsed by reason of non- renewal.
(3) The chattel mortgages and renewals and discharges, and
assignments for the benefit of creditors in the said returns shall
be classified according to the several occupations or callings of
the vendors or mortgagors or assignors as stated in the instru-
ments, and shall show the aggregate sums purporting to be
secured thereby respectively.
(4) The returns shall, where practicable distinguish mort-
gages to secure future indoisations or future advances from
mortgages to secure an existing debt or present advance.
8. The clerks of the county courts shall tax
costs, subject, in the event of a dispute arising at
taxation, to an appeal to the judges of the county
courts respectively. R. S. 0. 1887, c. 43, s. 9.
The following Rules provide for the issue of writs in county courts : —
1253. All writs issued in the county courts shall be issued by
the clerk and shall be under the seal thereof, and shall be tested
mmmiammmmmm
CLKRKS.
29
in the name of the jatlge thereof; or in the case of the death of
such judge, then in the name of the junior or acting judge in
the county court for the time being. R. S. O. 1B77, c. 50, ss. G, 8.
1254. The several county courts may issue writs of suhjxrmt
ml tesUlk-anihnn , to enforce the attendance of any witnesses
resident within Ontario and also writs of suhixi'iui iliircs tecum, to
enforce the attendance of and the production of deeds and
papers by any such witnesses and may proceed against persons
who, having been duly served with a suI>ikch((, disregard or
disobey the same, with the same powers, in like manner and by
the same mode of proceeding as belongs to and is practised in
the high court. 11. S. 0. 1877, c. G2, s. 10.
Rule 12r}3 is partly a repetition of Rule 227 wliicli is aa follows : —
227. The clerks of the county courts shall issue all similar
writs in the county courts respectively. R. S. 0. 1877, c. 50, s. 6.
9. No clerk of a county court shall, for fee or
reward draw or advise upon a chattel mortgage or
other paper 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.
This section was passed for the purpose of placing county court clerks in the
same position as registrars of deeds are, by section 19 of the Registry Act,
with regard to documents filed in their offices.
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 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
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registrar of the surrogate court. The clerk of the
peace shall add the words pro tevi. when affixing
his official designation as clerk of the county court,
deputy clerk of the Crown or registrar of the
surrogate viourt 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 to the clerk of the
peace being ex-officio registrar of the surrogate
coi)t(, shall not apply to any case where at the
till 10 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
heretofore or hereafter appointed, shall be officers
of the several county courts of the Province and
shall possess like powers in county court cases, as
those now possessed and exercised by them in
cases in the high court. 49 V. c. 16, s. 9.
The following are the provisions of the Jiidicature Act respecting the
appointment of sjiecial examiners : —
147. The supreme court may, from time to time, under the
seal of the court, appoint and at discretion remove special exam-
iners for the purpose of taking evidence of parties and witnesses,
and the examiners so appointed shall have all the powers
formerly possessed hy masters extraordinary and examiners.
R. S. 0. 1877, c. 40, s. 11.
148. Any officer of the supreme court or V\Mi high court shall,
for the purposes of any preceedings directed by the court to be
13!
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SITTINGS OF COURT.
31
taken before him, have full power to administer oaths, to take
affidavits, to receive affirmations, and to examine parties and
witnesses as the court may direct. R. S. 0. 1877, c. 40, s. 10.
SITTINGS.
12. (J ) Tu lieu of terms, the several county
courts shull in each year hold four qua rterly sittings ,
which (except in the County of York), shall com-
mence respectively on the second 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.
(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.
(3) It shall not be necessary for the sheriff or
his officers to attend the said quarterly sittings of
the county court. 50 V. c. 8, Sched.
A county court judge cannot by arrangment with the bar of his county
transact tenn business in vacation, and an appeal from a decision under such
an arrangement was allowed with costs. Smith v. Roonoy, 12 Q. B. 601.
A rule to enter a nonsuit having been granted in the county court in April
term, was only enlarged until the following ttirm. The judge died before that
term began, and no successor was apiwinted till after its expiration, but the
clerk of the court granted a rule to enlarge it. It was argued in October terra
before the new judge, who treated it as still pending, and gave judgment.
Held, that he was'right. Leslie v. Emmons, 35 Q. B. 24;i.
13. (1) Except in the County of York, and
subject to the provisions of section 19 of the "Local
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SITTINGS OF COURT.
(loiirts Act," sittings of the said county courts, for
tlie trial of issues of fact and assessment of damages,
shall he held semi-annually, to connnence on the
scicond Tuesday in the months of June and Decem-
her in each year.
(2) The county court of the County of York
shall hold four suqji sittings in each year, to com-
mence respectively on the 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. 8. 0. 1877, c. 43, s. 18.
In 8ome counties in which diff^Tcnt date^H had been fixed under section 19
of tlie "Local Courts Act," for holding those courts, the courts are stil held on
those days instead of tiie days named in this section, thouj^h the judges have
ceased to hold county courts or sessions in otiier than their own counties, in
consecjuence of the decision in Gibson v. McDonald, 710. R. 401, supra, note
to c. 46, s. 17. In the county of Middlesex, the county courts with jury, and
sessions are held on the first Monday in June and December, and in the county
of Renfi'ew, on the first Tuesday in these months.
HMII:;:
14. Except in the County of York there shall
be sittings of the several courts of this Province on
the first Tuesday in the months of April and Octo-
ber in each year, whereat all issues of fact in any-
civil action brought or pending in the 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 with-
out the intervention of a jury, in those cases where
no jury is required. R. S. 0. 1877, c. 43, s. 14 ;
44 V. c. 5, Rule 487.
Prior to the "Judicature Act," these sittings were held on Monday instead
of Tuesday.
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SITTINGS OF COURT.
88
15. In addition to the regular sittings of the
several county courts, the judge of every county
court may, at such 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. E. 8. 0. 1877, c. 43, s. 15.
Con. Rule 1255 is as follows : —
1255. Subject to rules of court, the judges of the county court
shall have power to sit and act at any time for the transaction of
any part of the business of such courts, or for the discharge of any
duty which by any statute or otherwise was formerly required
to be discharged out of or during terra. J, A. Rule 488.
16. While sittings of the county court of any
county which has a senior and junior judge, are
being held for the trial of issues of fact and assess-
ment of damages, the judges of the said court, or
any two persons authorised to hold the sittings of
such court, may, in case the genera! 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. E. ^. 0. 1877, c. 43,
s. 16.
See 54 V. c. 15, as to concurrent sittings of county court, general sessions
and division courts in C junty of York.
17. (1) Where, from illness or from other casu-
alty, the judge who is to hold the sittings of the
county court is unable to hold the same at the time
appointed therefor, the sheriff of the county, or in
G.C.CA. — 3
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in
his absence his deputy, iiuiy luljourn by bis procla-
mation the said court to any hour on the foHowinf,'
day, to be by him named, and so from day to day
until tlu! jud^^e is able to hold such court, or until
he receives other directions from tlie jud^e or
Provincial Secretary.
(2) Tbe sheriff shall forthwith notify any
adjournment to the Provincial Secretary, fc" the
inforuiatioii of the Lieutenant-Governor. J 0.
1877, C.43, s. 17.
The fullowiiiff provisions are containtM I in tlin "JiulicivturH Act'' concern-
ing the trial of hi^'h court cases in the county court, and county court cases in
the high court :—
96. (1) All issues of fact and assessments of damages in the
high court relating to debt, covenant and contract, where the
amount is liquida.ed or ascei'tained by the signature of the
defendant, may be tried and assessed in the county court of the
county where the trial is to take place, if the plaintiff desires it,
unless a judge of the high court otherwise orders, and upon such
terms as he deems meet.
(2) In such case the action shall be entered for trial, notice
of trial shall be given, and the trial take place in the same way
as in ordinary cases in such county court.
(8) In any action in the high court, in which the amount of
the demand is ascertained by the signature of the defendant,
and in an • action for any debt in which a judge of the said high
court is satisfied that the case may safely be tried in a county
court, any judge of the high court may order that such case shall
be tried in the county court of the county where such action was
commenced, and such action shall be tried there accordingly, and
the record shall be made up as in other cases ; and the order
directing the case to be tried in the county court shall be left
with the clerk of the county court on entering the action for
trial, annexed to the certified copy of the pleadings for the judge ;
'
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TRIALS.
86
and the trial shall take place in the same way an in ordinary
cases in such county court. R. S. O. 1877, c. 49, s. 81.
97. (1) By the order of a judge of the high court, made upon
such terms as the judge may consider just, the issues of fact and
assessment of damages in any action pending in a county court
may be tried and assessed at the sittings of the high court at any
county town.
(2) In such cases the action shall be entered and the case
tried as in ordinary cases. R. S. 0. 1877, c. 49, s. 82.
98. Where any such cause is referred by the presiding judge
at such sittings, the county court in which the action is brought,
and the judge thereof, shall have the same power to enforce any
award, report or certificate made on the reference, and to make
rules and orders upon appeals therefrom and motions relating
thereto, as if the order referring the case had been made by the
county judge. R. S. 0. 1877, c. 49, s. 40.
99. The clerk of the several county courts shall provide books
in which the judges presiding at the sittings of the high court,
where cases brought in any county court are tried or assessed
under this Act, may enter their notes of such trials and assess-
ments ; and such books, immediately after the trials or assess-
ments, shall be returned to the said clerks and shall remain in
their offices. R. S. O. 1877, c. 49, s. 41.
100. The jury fees and the fees and charges payable and
pertaining to officers of the county courts, upon all actions or
proceedings brought in the county courts, and tried or assessed
in the high court, shall be chargeable and paid as if the same
were being tried or assessed in the county courts ; and no other
fees siidll be chargeable thereon, and the clerk of a county court
shall be entitled to receive and take such part thereof as pertains
to him, to his own use. R. S. 0. 1877, c. 49, s. 44.
The following Con. Rules are those applicable to such trials : —
690. In any of the cases in sections 96 & 97 of " The Judi-
cature Act " the notice of trial or assessment of damages shall
state that the cause will be tried, or the damages assessed at the
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TRIALS.
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sittinga of the high court or county court, according to the fact.
R. S. 0. 1877, c. 49. s. 38.
691. Nothing herein contained shall prevent a judge of the
court in which the action is brought, or, after the action is
entered for trial or assessment, the judge before whom the trial
or assessment is intended to be had, from entertaining appiica-
cations to postpone the trial or assessment. R. S. 0. 1877,
c. 49, s, 34.
692. Where judgment is not reserved, and subject in that
case to rules made, and subject in all cases to rules to be made,
judgment in any of the said cases may be entered immediately,
unless the judge who tried the cause certifies on the record,
under his hand, that the case is one which, in his opinion, should
stand to abide the result of a mofion that may be made therein
in the divisional court, or unless a judge of the high court other-
wise orders. R. S. 0. 1877, c. 49, s. 35.
G98. Any motion to be made, in respect to the trial, judgment,
verdict or assessment of damages in a high court case tried or
assessed at the sittings of any county court, shall be made in the
high court. R. S. 0. 1877, c. 49, s. 36.
694. Any motion to be made in respect to the trial, judgment,
verdict or assessment of damages in any county court case had,
tried or assessed at any sittings of the high court, shall be made,
heard and determined at the sitting of such divisional court of
the high court, as the party moving or applying elects, and
according to the practice of the high court ; and any order made
in such cause by such court shall be final, and shall not be subject
to appeal to the court of appeal. R. S. 0. 1877, c. 49, s. 37.
695. In any action in a county court entered for trial at any
sittings of the high court, the judge presiding at the sittings shall
liave the same powers as to amendment of the pleadings and
proceedings, putting off the trial, reference, making the cause a
remaiu't, and otherwise dealing with the cause and proceedings
therein, as if the action had been commenced in the high court.
R. S. 0. 1877, c. 49, s. 38.
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TRIALS.
37
696. Whenever the said judge endorses on the certified copy of
pleading in any such action the word " Renmnet," and adds any
words to the effect following: '^And the within cause may be
entered and tried at any county court, or sittings of the hiyh
rnnrt,'' such cause may without payment of any further fee for
entering the case be entered at any subsequent sittings of the
county court, or sittings of the high court, for which notice of
trial may be given, and the case may be tried and disposed of
in the same way as any other case entered at such sittings.
R. S. 0. 1877, c. 49, s. 89.
697. On the application of any party, the county court clerk
shall, at the cost of the party, forward to the Registrar at Toronto,
of such division of the high court as the party designates, a
certiiied copy of the judge's notes of the trial, or assessment,
together with the record and the exhibits, to enable the high
court properly to dispose of any application made, or to be made,
in or respecting such cases. R. S. 0. 1877, c. 49, s. 42.
1182. The costs on all proceedings where a high court case is
tried in a county court, or a county court case in the high court,
shall be the usual costs of such cases in the court in which the
action was brought. R. S. 0. 1877, c. 49, s. 48.
It was held, thcat in a case depending in one of the sm)erior courts, and
taken down for trial to the county court, under 23 V. c. 42, s. 4, the judge of
the cjurt below can order immediate execution. Gildersleeve v. Hamilton,
11 C. P. 2!»8.
A verdict was entered for the ))laintitf on the trial of an issue by the court
of chancery, to be tried at the ^'ittings of the county court of the County of
Duflferin. The county court judge set aside the verdict and entered a nonsuit,
on grounds embracing matters of law as well as of fact and evidence. Held,
that he had no power to do so, and that the application should have been made
to the court that directed the issue. Barker v. Leesoh, !) P. R. 107.
Held, that the judge of the county court has power to allow pittas to be
added in cases sent down from the suiK-rior courts to be tried by him, as well
a« in actions commenced in his own court. King v. Glassford, 11 C. P. 490.
Where a county court case has been directed to be tried at the assizes, an
application to set aside the notice of trial must be made to the county court.
Clark v. Clifford, 7 P. R. 32'J.
Held, under the " Law Reform Act," 18()8, s. 17, s-s. 4, 5, as amended by
the 33 V. c. 71, O., that in a county court case tried at the assizes the motion
to arre<«t judgment was properly made in this court. Edmunds q.t. v. Hoey,
35 Q. B. 4it5.
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JURISDICTION.
JURISDICTION.
18. Except in the cases of actions for the
recovery of corporeal hereditaments mentioned in
section 20 of this Act, or in other cases in which,
by any other Act, jurisdiction is conferred upon
county courts 'or a judge thereof, the said courts
shall not have cognizance of any action :
1. In which the title of land is brought in ques-
tion ; 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. E. S. 0. 1877, c. 43, s. 18.
As to exceptions to jurisdiction of district courts in provisional judicial
districts, see R. S. O. c. 91, s. 58, injra.
R. S. 0. c. 73, s. 16, is as follows:—
16. No action shall be brought in any county or division
court against a justice of the peace for anything done by him in
the execution of his office if the justice objects thereto ; and if,
within six days after being served with a notice of the action,
the justice, or his solicitor or agent, gives a written notice to the
plaintifif in the intended action, that he objects to being sued in
such county or division court for such cause of action, no proceed-
ing shall afterwards be had in such county or division court in
the action, but it shall not be necessary to give another notice of
action in order to sue the justice in any other court. R. S. 0.
1877, c. 73, s. 12.
.TUUISDICTION.
39
The following are the jTovisions of R. S. O. o. 51, respecting the jurisdic-
tion of the division coui'ts : —
GO. The division courts shall not have jurisdiction in any of
the following cases :
1. Actions for any gambling debt ; or
2. Actions for spirituous or malt liquors drunk in a tavern or
alehouse ; or
8, Actions on notes ot hand given wholly or partly in con-
sideration of a gambling debt or for 'uch liquors ;
4. Actions for the recovery of land, or actions in which the
right or title to any corporeal or incorporeal hereditaments, or
any toll, custom or franchise comes in question ;
6. Actions in which the validity of any devise, bequest or
limitation under any will or settlement may be disputed ;
0. Actions for malicious prosecution, libel, slander, criminal
conversation, seduction or breach of promise of marriage ;
7. Actions against a justice of the peace for anything don's
by him in the execution of his office, if he objects thereto.
R. S. 0. 1877, c. 47. s. 58.
70. (1) The division courts shall have jurisdiction in the
following cases :
{n) All personal actions where the amount claimed does not
exceed $G0. R. S. 0. 1877, c. 47, s. 54 (1) ; 43 V.
c. 8, s. 8;
(/>) All claims aiul demands of debt, account or breach of
contract, or covenant, or money demand, whether pay-
able in money or otherwise, where the amount or balance
claimed does not exceed $100. 41. V. c. 8, s. 6 :
(c) All claims for the recovery of a debt or money demand,
the amount or balance of which does not exceed $200,
and the amount or original amount of the claim is
ascertained by the signature of the defendant or of the
person whom, as executor or administrator, the defen-
dant represents. 48 V. c. 8, s. 2, part.
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JURISDICTION.
(2) In the class of cases provided for by paragraph (c) of the
preceding sub-section, the increased jurisdiction thereby con-
ferred shall apply to claims and proceedings against absconding
debtors under section 249, and subsequent sections of this Act ;
and in such cases the attachment may issue and proceedings
may be had on a claim of not less than $4 and not more than
$200. 48 V. c. 8, s. 4.
(3) Claims combining :
(rt) A cause or causes of actions in respect of which the
jurisdiction of the division courts, is by the foregoing
sub-sections of this section, limited to |60, which
causes of action are hereinafter designated as class (a)
and
(/>) A cause or causes of action in respect of which the juris-
diction of the said courts is by the said sub-sections
limited to $100, which causes of action are hereinafter
designated as class (/>) ;
((') A cause or causes of action in respect of which the
jurisdiction of the said courts is by the said sub-sections
limited to §200, which causes of action are hereinafter
• designated as class (r) ;
may be tried and disposed of in one action, and the said courts
shall have jurisdiction so to try the same ; provided that the
whole amount claimed in any such action in r'^spect of class (a),
shall not exceed §60 ; and that the whole amount claimed in any
action in respect of classes {a) and (b) combined, or in respect of
class (b) where no claim is made in respect of class (a), shall not
exceed §100, and that the whole amount claimed in respect of
classes (a) and (c) or (b) and (c) combined, shall not exceed
§200, and that in respect of classes (b) and (<?) combined, the
whole amount claimed in respect of class (b) shall not exceed
§100; 4S V. c. 15, s. G.
72. The division courts shall also have jurisdiction in all
actions of replevin, where the value of the goods or other
property or effects distrained, taken or detained, does not exceed
JURISDICTION.
41
the sum of §60, as provided in "The Replevin Act." R. S. 0.
1877, c. 47, s. 56; 43 V. c. 8, s. 8.
The division courts have, however, no jurisdiction where the defendant
resides out of the Province of Ontario. Ontario CJlass Co. v. Swartz, D
P. R.225.
The defendants by an apfreement under seal with one S. acquired a right of
user in certain Land for the purpose of pasturing tiieir cattle. Tliere was no
demise, or riglit of distress, or anything in the agreement to make the c'efend-
ants tenants of S. Tiiere was, however, a coven.ant that S. would not allow
his own animals, or those of otliers to enter upon the land in question. The
question whether S. gave the defendants such an interest in the land as
entitled them U) impound cattle was held not to be a question of title in the
sense that it would oust the jurisdiction of the ci>iuity court. Graham v.
Spettigue, it uJ., 12 A. R. 2(51.
The j)laiutiff, having sued in the county court, proved a claim beyund the
jurisdiction, whereupon the jury were discharged. He then brought his action
in the (Jueen's liench, and upon defendant's application an order was made
stivying proceedings until the plaintiff shoidd discontinue the county court
acti(m and pay the costs of it. The order w.as rescinded, for (1) the county
court having no jurisdicticm tiie plaintiflf could not discontinue the suit there,
which would he a proceeding in the cause ; .'ind (2) this suit being for a del)t,
and not In'ought o])pressively or vexatiously, should not have been stayed.
Hodgson V. (Jraiuim, 28 Q. B. 127.
In tre!spas<, for entering i>laintiff 's close and taking his goods defendant
pleaded not guilty, tliat the goods were not the plaintiff's, and justification
under a ,//. j((. Title to land was not brought m question. Held, that the
plaintiff on a verdict for .SIT") was cle.arly not entitled to full costs without a
certificate. Stewart v. Jarvis, 27 Q. B. 4(57.
In replevin, defendants avowed under a distress for rent, to which the plain-
tiff i)leaded that he did not liold the land as tenant, etc., as in the avowry
alleged. Held, tluit the title upon this plea did niit necessarily come in
question, and that the record therefore did not shew a cause of action beyond
the jurisdiction. O'Brien v. Welsh, ct <il., 28 Q. B. ;>il4.
Where in matters of tort relating to personal chattels, title to land is
brought in question, though incidentally, the coiu't has no jurisdiction.
Trainor v. Holcombe, 7 (I. B. r)48.
In tresjiass, defendant pleaded pleas bringing tlie title to land in question,
accompanying them with the affidavit required by section 27, infra. A non-
suit iiaving been oi'dered ; held, upon appeal, tliat the effect of the pleas was
to oust the j\u'isdictiou altogether ; that tlie judge should therefore have
refused to entertain the case ; and tliat the judgment of nonsuit must be
reversed. Powley v. Whitehead, l(i Q. ]'. 58!).
One H. sold to di'fendant timber standing on his land, and afterwards con-
veyed and gave jKjssession of the land to tlie plaintiff. Tlie defendant pro-
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jURisnicTroN.
ceeded to take off the timber. Held, that the title to land was not in question,
and that an actiin for trespass to the land wcmld lie in tlie county court,
liailey v. Bleecker, 5 L. J. N. S. 99.
Declaration for converting the plaintiff's dwclli'-.g house, with the doors
and windows, etc. I'lea, that the poods W€'re not the plaintiff's. At the trial
in the county court, it appeared that tlie jjlaintiff claimed as assignee of a
mortgage of the land on which the hous(> st(M)d, and tiiat the dispute was,
whetiier the house was part of the freehold. A verdict having been rendered
for the i)laintitf, was afterwards set aside, on the ground that the title to land
came in question, and that tV.« case should have been stoi)])ed upon t}ie iikvin-
tiff's evidence. Held, that this was right, and the judgment below was
affirmed. Portman v. Patterson, 21 Q. B. 237.
Title to land does not, on mere suggestion, necessarily come in (piestion
inider a plea of not guilty by statute. The gener.il rule is that it nuist not only
be pleaded, but be verified by affidavit. In this case, which was an appeal
from the county court ; lield, that though defendant might have shewn ui)on
tlie plea of not guilty, that for want of title the ])laintitf could not maintain
the action for ii.jury to his premises, yet that in the absence of such proof, or
a hona Hdc tender thereof, the mere suggestion of it did not preclude the
county court from trying tiie real cause of action, which was witliin its juris-
diction. Ball V. The Grand Trunk Kailway Company, Id C. 1'. 232,
A county court judge at the trial of a case, upon the apiilication of plain-
tiff's counsel, struck out a count of the declaration and all pleadings relating
tiiereto, because the pleadings thereunder ousted his jurisdiction, by bringing
title to land in question. Held, that he had the power to tlo so. Kit/.simmons
V. Mclntyre, 5 P. K. 119.
Where a county court cause is entered for trial at the assizes, under 32 V.
c. 6, 8. 17, s-s. 2 (the Law Reform Act, 1808), the jurisdiction is then only lis if
it had been tried in tiie county ct)urt. Where in such a case, therefore, the
title to land came in question, and a verdict was entered for the defendant.
Held, that the i)roceedings were coram von jtalicc, and the \erdict \\as set
aside. Wetherall v. Garlow, 30 Q. B. 1.
Declaration, that one A. devised the north half of I<it 15 to ins son W. in
fee, and the south half to iiis wife J. for life, and after her death to W. in fee ;
and the plaintiffs claimed from defendant a portion of the first year's rent,
which they alleged they were entitled to, and which the defendant had jiaid
to J. after notice. Equitable plea, that W. in his will devised all his lands to
the plaintiff in trust ft)r the sole benefit ipf .1. during iier life, under which she
claimed and received from them the rent. Held, that upon these pleadings tiie
title to land was brought in question, and tiie jurisdiction ousted. Fair, tt (iL,
v. McCrow, 31 (j. B. 599.
The plaintiff sued for damages sustaint'd by the defendant cutting timlxr
on his own land, after having sold sucli timber standing to the plaintiff's
assignor. It was determined by the court that the timber sold was an interest
in land. Held, that the title to land was brought in (piestion in tlie action, and
therefore, although the plaintiff recovered only S>135, a county court would
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JURISDICTION.
48
have no juriadictioji, and the costs should be on the scale of the high court.
McNeill V. Haines, 13 P. R. 115,
The plaintiff by his statement of claim aljeged that ht was and had been
for more than six years the owner of certain land, which was unoccupied, and
claimed damages for timber cut by the defendant on such land. The defen-
dant by his statement of defence disputed the plaintiff's claim and set up certain
facts by way of confession and avoidance. The action was brought in the high
court, but the plaintiff only recovered .S120 damages. Held, that tmder the
pleatlings plaintiff was obliged to prove his title to the land, and therefore the
county court would have had no jurisdiction, and tlie costs should be on tlie
scale of the high court. Danaher v. Little, 13 P. R. 3G1.
The statement of claim alleged that the defendant was a monthly tenant
of the plaintiff's land, and that the plaintiff on a certain day terminated the
the tenancy by notice, and claimed damages for injuries to the demised premises.
The statement of defence denied the allegation that the defendant was the
tenant of the plaintiff. Held, that the title was put in issue by such denial,
and as the county court would therefore have had no jurisdiction, the costs
should be on the scale of the high court, although the plaintiff recovered only
$75 ; held, also, that the question whether the title was in issue must be deter-
mined according to the pleadings, and not according to what took place on the
trial or reference. Wormau v. Bratly, 12 P. R. (518.
Where, in an action by a monthly tenant against his landlord and other
persons for wrongful entry upon the demised premises, the landlord denied the
plaintiff's tenancy. Held, that the title to land waa brought in question, and
the costs of the plaintiff were properly taxed on the high court scale, although
the damages recovered were only .S104. VVornian v. Br.ody, 12 P. R. 613, and
Danaher v. Little, 13 P, R. 361, supra, followed ; Tomkins v. Jones, 22
Q. B. D. 599, sjjecially referred to. Flett v. Way, 14 P. R. 312.
The plaintiff agreed to sell to the defendant a parcel of land for §1,750, of
which SIO was paid on the execution of the written agreement. The agree-
ment contained no provision as to possession, but the defendant went into
pcjssess'on as the purchaser. The plaintiff was imable to make title and the
defendant continued in jwssession for a considerable time. The plaintiff
brought a division court acr.ion for use and occupation. The defendant set up
that the contract had not been rescinded when he gave \\\y jxjssession and
that he never became tenant to the plaintiff nor liable to pay rent. Held,
that the plaintiff was bound to prove a contract, express or implied, to pay com-
pensation for tlie use and occupation, and in order to do so it might have been
necessary to show when the contract of sale went off ; but that was not a
bringing of the title into question so as to oust the jurisdiction of the division
court. That in prohibition the court must be satisfied that the title really
comes in question ; it is not enough that some question is raised by the defen-
dant's notice. Purser v. Bradburne, 7 P. R. 18, disinguished. Order of Street,
J,, granting prohibition reversed. Re Crawford v. Seney, 17 O. R. 74.
In an action in the common pleas division, for trespass to lands and
removal of fixtures, the plaintiff recovered a verdict for .?50. The taxing
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JURISDICTION.
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officer taxed division court cowts to the plaintiff, and full costs to the defendant.
The pleiwlings admitted an entry under an agreement as to placing fixtures,
and their removal and approin-iation, b>it put in issue their wrongful removal.
Held, that the taxing officer was right, the title to corporeal hereditaments not
l)eing in question ; held, also, that thougli the defendant liad failed to prove liis
defence, he was entitled to set off his costs. Richardson v. Jenkin, 10 P. K. 292.
In an action against justices of the pence for false imprisonment, etc., the
divisional court (10 O. R. ().31) ordered judgment to be entered for the i)laintiff
for .>!25, the damages assessed by the jury, leaving the costs to Vie taxed accord-
ing to such scale and witii such rights as to set-off as the statute and rules of
court miglit direcc. Upon appeal from taxation ; held, that the acticn being
within the proper competence of the division court (unless the defendant
objected tliereto), the plaintiff should have costs only on the scale applicable to
that court, and the defendants should have tlieir proper costs by way (if deduc-
tion or set-off. Held, also (Cameron, CT., dnhitantc), that the effect of R. S. O.
c. 73, s. 19, read in connection with secticm 12 of that Act and witli R. 8. O.
c. i'>\, s. 18, s-s. j"), R. S. O. c. 47, «. oS, s-s. 7, and R. 8. O. c. 50, s. 317, is not to
jirovide that the ]>laintiff should liave costs on the superior court scale when
liis recovery is witiiin the jurisdiction of an inferior court. Per Cameron, C.J.,
Tlie case came under section 18 rather tiian section 11) of R. S. (J. c. 73. Ireland
V. I'itcher, et al., 11 P. R. 403.
An action was brouglit in the high court to recover damages for lireach of
a co\enaiit in a lease by bad husbandry, and the jury found a verdict for SIOO.
Judgment was entered for that amount with such costs as the law and practice
allow. The taxing officer allowed the plaintiff county court c<>sts, and the
defendant apjiealed (m the ground that the SlOO damage could have been
recovered in tlie division court, and that plaintiff's costs should have been on
the scale of that cotn-t, with the usual set-off under Rule 1172. Held, per
StH'et, •!., that the action was in reality one for breach of a covenant and not
for damages for tresiiass, and tliat the action (as measured by the recovery),
wjis within the jurisdiction of the division court. Talbot v. Poole, Globe,
Dec. 23rd, 181»1.
19- Subject to the exceptions contained in
the hist 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 lj^400, where the amount
is liquidated or ascertained by the act of the parties
or by the signature of the defendant ;
^c!:::l
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JURISDICTION.
45
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 recognizance 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 Eeplevin Act."
6. In interpleader matters, as provided by tlie
rules respecting interpleader. R. S. (). 1877, c. 48,
s. 19.
R. S. O. c. 55, 8. 4, (The RetJevin Act) is as follows : —
4. In case the value of the goods or other property or effects
distrained, taken or detained, does not exceed the sum of $200,
and in case the title to land is not brought in question, the
action may be brought in the county court of any county wherein
the goods or other property or eliects have been distrained, taken
or detained. R. S. 0. 1877, c. 53, s. 4.
As to jurisdiction of district courts in provisional judicial districts see
R. S. O. c. 91, 88. 56 & 57, infra.
The term "personal actions" means common law actions ; as by 32 V. c. fl,
8. 4, the equitable jurisdiction of county courts was taken away. Be Mc-
Gugan V. McGugan, 21 O. R. 295.
An action asking for a declaration of right to rank on an insolvent estate
under R. S. O. c. 124, s. 20, s-s. 5, ia an action for equitable relief and is not
within the jurisdiction of the county court. Judgment of the county court of
Huron affirmed. Whiddon v. Jackson, 18 A. R. 439.
Note. — An order was subsequently made in this case, transferring the action
from the county court to the high court, under 54 V. c. 14 (infra), upon pay-
ment by the plaintiff of the costs lost by the action having been improperly
brought in the county court : cr)8ts of the action to be coats in the cause.
{Globe, 18th Sept. 1891).
An action was brought in the county court to recover the plaintiff 's share of
insurance moneys received by the defendants, who were a partnership, the
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plaintiff Iw'ingoiio of th« jwirtiicrH. Prohibition was applied for on tht- ground
tliiit tho relief Honglit was of a purely equitable nature, and that the county
court had no jurisdiction, citing re McGugan v. McGugan, 21 O. R. 289, and
Waiddon v. Jackson, 18 A. R. 43!», mipri. It was hfld by Street, J, that the
olaini was a i)urt'ly money demand, and that the county court had power to
amend tlic pleadings. Motion refused with costs. Re Allen v. Fairfax Cheese
Co., (.'luhc, Jan. ijtli, 18!)2.
The judge of a coimty court has the right at the trial of a case, where the
jurisdiction of tlie court is denied, to enquire into the facts, so as to ascertain
whether or not tliere be jurisdiction ; ex. i/r. to enquire whether there has
been a settlement of accounts between the parties. Until such enquiry has
been been made, pn)hibition cannot be granted. In re Dixon v. Snarr, et at.,
(J V. R. 3;i(i.
The inferior courts can entertain a suit for the balance remaining due upon
11 written undertaking to pay a larger sum. Longworth v. McKay, et al,, 6
O. S. 14!».
When there are ojMni running accounts Ix'tween the ))laintiff and the
defendant, made up of divisible items, not exceeding in each £2^i and the
amount due to the plaintiff. If the defendant, however, desires to recover
more than will balance tlie plaintiff's demand, lie nuist give notice of, or plead
a set-off to the £25, and claim in iiis i)lea or lujtice to have the amount between
tlie jJaintiff'a demand and the £2.5 allowed to him. McLean, J., dissenting,
being of opinion that a defendant might recover a balance to any amount
beyond the £25, the jurisdiction not being limited as to a defendant's set-off.
Russell V. Conway, 5 Q. B. 25<i.
The declaration contained three counts, claiming each €50, and the partic-
ulars were, for account rendered £55 15s., less by cash £22 10s. — £33 5s. At
the trial tlie plaintiff relied on the count <m account stated, and produced a
draft by liimself on defendant for £55 1.58. Id., "being the balance in full of
your account," and proved tluit when jjresented defendant acknowledged the
amount to be correct, but refused to accept it, as he was afraid he would be
sued. A verdict having been found for £34 3s. 3d., Held, that the claim was
within the jurisdiction ; and, semble, that the evidence of an account stated
was sufficient. McMurtry v. Munro, 14 Q. B. 1C6.
Trespass q. c. f. Plea, " that tho close was not the close of the plaintiff."
Verdict for Is. (lamaj,'es. Held, that the plaintiff, under 22 Car. 1, c. 9, without
a certificate that the title came in question, w.is entitled to full costs. Lake
v. Briley, 5 Q. B. 307.
Trespass q. c. f. with a count for taking goods. Plea, not guilty by statute.
Verdict for £1 and no certificate. Held, plaintiff not entitled to full costs.
Hawkes v. Richardson, 9 il B. 22i).
Tresjjass q. c. f. Plea, general issue ordy. Verdict for 20s. A certificate
under 22 and 23 Car. I., was refused at the trial. Held, confirming Hawkes v.
Richardson, 9 Q. li. 229, that the plaintiff was entitled at least to County
Court costs. Davis v. Barnet, 10 Q. B. 501.
I hi i
— 1
JUUIHDKTION.
47
i:
Til ill! action ii|,'iiinst 11 roivl oompany for olistnu'tiiivr a How of water from
pliiiiititf'.s liuids, tliii jileaof not guilty by ntatutc, was iu'ld not to V)ring the
title to tlic land in (piestion, so as to entitle the plaintiff to full cowtH without
R certificate. (Jverholt v. Paris & Dundas Road Co., 7 C. P. 2!W.
Plaintiff sued for tresjjass to land, and obtained a venlict for Is., the pleas
being not guilty, not poHHessed, and lihcritM tenementHm ; and the jiidge certi-
fied that the action was really brought to try a right, besides the right to
recover daniagcH fo,' the trespass coin])lained of. Held, that the certificate
alone, taken with the pleadings, was equivalent to an asserti(jn by the judge
that the title to land was in question, and entitled the plaintiff to full costs.
Spiers V. Carriipie, Z\ il B. .'JH;").
Held, that on a plea of non-deniisit to a count in covenant, a quPHtion of
title arises, which entitles the plaintiff to su))erior court costs, although no
certificate In; granted. Purser v. 15ra(U)urue, 7 !'. R. IH, See Davis v.
Vandecar, 28 C. 1'. at \^. I'.M).
Tiui i>laintiffs had judgment and execution against one of the defendants for
loss tlian J?200, and sought in this action, tlujugh not on behalf of all creditors,
to set aside a conveyance by that defendant to the other, as fraudulent. At
the time it was brought, the sheriff had other exectitions in his hands against
the same defendant, amounting to more than -^200. Held, that if the i)laintifTs
had been successful all the executions must have been satisfied out of the
j)roiH!rty covered by the imi)eixched conveyance, and the provisions of the
Creditor's Relief Act would have applied to the case, and therefore the
amount of the subject matter involved exceeded )?200, and the costs were
taxable on the high court scale. Dominion Bank v. Heffornan, ct at., 11
1'. R. :m.
The i)laintiff was entitled to tiie lateral support of the defendants' land, in
which they made excavations for the purposes of a rink, whereby the plaintiff's
land was damaged. The damages were assessed at §40, but judgment was
given for the restoration of the plaintiff's land. Held, that the plaintiff was
entitled to fidl costs. Snarr v. Granite Curling & Skating Co., 1 O, R. 102.
In trespass q. c. f. defendant pleaded that the land was not the plaintiff's,
and thti plaintiff obtained a verdict for £10. Semble, that he would have been
entitled to full costs without a certificate, though title were not brought in
(juestion at the trial (as in this case it was held to Ije). Humberstone v.
Henderson, 3 P. R. 40.
To an action for negligently setting out tire, which spread to the i)laintiff "s
land and damaged his wtxxls, the defendant, amongst other pleas, pleaded that
tile land and jirojierty were not the plaintiff's. There was a verdict for the
plaintiff with $50 damages, but no certificate for costs. Held, following
Humberstone v. Henderson, 3 P. R. 40, that the plea raised the question of title
to land, and that the plaintiff was therefore entitled to full costs without a
certificate. Coulson v. O'Connell, 29 C. P. 341.
In trespass q. c. f. and for taking goods, defendant pleaded not guilty ; that
the goods were not the plaintiff's, and justification under a.^. fa. Title to land
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JURISDICTION.
v,'iin not brought in queHtion. Held, tliut tho |)luintifT on n verdict for (175
wan clearly not cntitlwl to full costH witliout a ci-rtificato. Stuwart v. Jarvis,
el al., 27 C^. H. 407.
U|)()n th»« evidence in tlie county court it appeared tliat the plaintiff, under
the common counts, was claiming an amount of ^771, reduced t(>i?!{04 by credit
given, but not by payment or by net-oft' aurreod to be taken an payment. Held,
that $304 waH not an amount licjuidated or ascertained by act of tim parties,
and timt the claim therefore was Intyond the jurisdiction. A plaintiff cannot
by givinK credit for a set-off comiH'l defendant to set it up, or give the county
court jiuisdiction. Furiiival v. Maunders, 2(( il. li. ll'J. See, however, Fumival
V. Saunders, 2 L. J. N. S. 24.''..
The jilaintiff in a cotuity court suit gave credit on a claim of $300 (for
boanl, etc.)for J170, iieing the valueof an article received by him fronwiefendant.
Held, that although the agreement as to setting' off the one against the other be
made before the debt for which tht^ action is brought is contracted, yet, it ;ae
amount to be allowed to defendant for the article, can be treated as a payment
of a (Kivtion of ]>laintiff's claim, and not merely an unlicpiidated set-otf againnt
it, or the transiuttion can be viewed us a sale first of thn article upon an agree-
ment that i)ayment of it was to be made in lK)ard, etc., to be furnished by
l»laintiff to defendant— the court has jurisdiction. Fleming v. Livingstone,
P. R. 63.
The plaintiff, by special endorsement on his summons, claimed for cash lent
and interest, and ff)r a lathe sold, 4'ill Is. 4d. On the trial he i)r(Mluce(l a i)apor
signed by the defendant, 8i)ecifying that he was to pay plaintiff for the lathe
the invoice price, and " tho charge of freight, duties, etc." Held, clearly an
amount liquidated by the act of the act of the parties and therefore within the
jurisdiction. Wallbridge v. Brown, 18 Q. B. 158.
Held, affirming the judgment of the county court, an fnl' . ing McPher-
son V. Forrester, 11 Q. B. 302, that an action woidd .i a county oowrt
\\\)on a livision court judgment. Donnelly v. Stewa 7. B. 398.
An action will, however, lie in the division court i county court judg-
ment. Jie Eberti. /. Brooke, 11 P. R. 25(0.
The plaintiff sued the defendant on a foreign judgment for 8-1(1, and speci-
ally endorsed the amount ujwn the writ of summons. He obtained judgment
in default of appearance Held, that the foreign judgment was not a liquidated
or ascertained amount within the meaning of R. S. 0. o. 60, s. 153. Davidson
v. Cameron, 8 P. R. 61.
A county court has jurisdiction to try a claim up to $400, which is made up
of an unliquidated amount of less than $200, and the balance of a liquidated
amount. Vogt v. Boyle, 8 P. R. 249.
The plaintiff sued in the county court on the indebitatus count for $375,
claiming by his particulars, balance due from defendant to Ist Nov., 1877,
$120; wages from Ist Nov., 1877, to 1st Nov., 1878, $360 ; less amount paid
$160. Balance, $320. On objection being taken at the trial to the jurisdic-
tion of the county court, the plaintiff was allowed to amend by striking ou
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JURIbDICTION.
40
»11 the items j'xcept tlin first. Held, attiniiiii^f the jiKlginent of the county
court, that the piirticularrt w«re no purt of the record, wliich nlie\ve(l an amount
within the jurisdiction of the county court ; liut held, iiIho, that judgment for
that Hum would hv a bar t<i any future action for work done at any time iH-fore
the (xmimencement of tiuH Miiit. DavidHon v. The Belleville and North Hast-
ing« Railway Company, 5 A. H. 315.
Action for the price of thirty lu^gHheadM of goiMlx. It u))peared that K.
sold to S., the dt^fendant's testator, a quantity of goods, which K,, in his
evidence, said was a definite cpiantity, which he could not recollect, but not
less than thirty hogsheads and not more than 40, at the price of 810 per hogs-
head. Held, that the demand was liquidated by the act of the parties at the
time of sale, and the action was therefore within the jurisdiction of the coimty
court. Per Patterson, J. A., That it was not improper to leave to the jury
the (piestion wh»ither the amount was ascertained by the net of the parties.
Watson V. Severn, it "/., (> A. R. 55il.
In an action in a county court on a iiromissory note made by the defendant,
in which the defendant claimed indenmity against the third party, the third
l)arty having apjwared, the learned judge of the county court directed certain
issues to l»« tried Iwtween thts defendant and the third party. At the trial lie
found for the plaintiff, and investigated accounts between the defendant and
the third |)arty amounting to more than $10,000, upon which he found that a
balance of more than $3,000 would be payable to the defendant, and he
directed that the third party Hhould, out of this balance, pay to the defendant
the amount of the plaintiff's claim. On a motion for a prohibition; held, that
the order directing the issues between the defendant and the third party, with
the proceedings taken under it were right. Held, also, that as the only relief
which could be given to the defendant against the third party, was protection
against the demand of the plaintiff, which was within the ijecuniary jurisdic-
tion of the county court, the learned judge was not acting beyond his jurisdic-
tion in investigating accounts of sums beyond his jurisdiction. Neald v. Cork-
indale, et al., 4 O. R. 317.
S., being indebted to the plaintiffs, entered into an agreement to mortgage
to them, certain lands known as the Dominion Hotel property. A mortgage
was on the same day executed, but by mistake the Dominion Hotel property
wasomited therefrom, and a lot formerly owned by S. adjacent thereto inserted.
The defendant had been the tenant of S., and after the mortgage, attorned and
paid some vtsnt to the plaintiffs, believing them to have a title in the landb. In
an action for arrears of rent ; held, affirming the judgment of the County
Court of York, that after such attornment and payment of rent, the defendant
could not be heard to deny the plaintiff's title, and they being the equitable
owners of the land, were entitled to recover. Held, also that the title not being
open to question by the defendant, the county court had jurisdiction. Bank of
Montreal v. Gilchrist, 6 A. R. 650.
An issue had been directed from a county court to one of the superior courts
under R. S. O. c. 49, s. 12, to try whether a conveyance of certain lands by a
judgment debtor was fraudulent, and the county court had defined the issue to
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JURISDICTION.
be tried, and the time and place of trial. Tiie plaintiflF, in pursuance of the
direction, prepared and delivered the issue to defendant, the gninteo in the
conveyance, who did not return it ; and the plaintiff, after the time for trial
had elapsed, api)lied in the superior court for an order absolute for nalc of th<!
land. Held, such order could b« made only in the county court, whence the
issue had been directed, and that the superior court could only try the issue,
and could make no final disimsition of the matter; held, also, that the ap]>lica-
tion was not in any event well founded, as the plaintiff should have proceeded
with the trial of the issue. Quccre, xa to the granting of a new trial, or review-
ing the verdict upon such an issue. Merchants' Bank v. Brooker, 8 P. R. 135.
Claim for $475, ascertained by agreement between the parties, reduced by
payment to an amount within county court jurisdiction. The plaintiff, how-
ever, before he could recover was obliged to give evidence of the fulfilment of
a condition. Held, that the plaintiff was entitled to a certificate for full costs.
Swartwout v. Skead, 11 L. J. N. S. 329.
The [ilaintiff purchased by sample from the defendant two lots of barley
consisting of ten and five car loads respectively. On receii)t of the first lot,
the plaintiff, alleging that the bulk did not correspond with the sample, claimed
$200 for inferiority in quality. The defendnnt disputed any liabilitj', and the
plaintiff tlireatened to dishonour the draft which had been drawn on him fo*"
the price. In order to sustain his credit with the bank, the defendant tele-
graphed tlie plaintiff to accept, and that he would accept the i)laintiff 's draft
for §200. The defendant's draft for tlie price, t^ ough the defendant was not
aware of it, had then been i>aid by the plaintiff. A deduction of SlOO from
the price of the second lot of five car loads was subsequently demanded on the
Slime ground, and the plaintiff refused to pay the defendant's draft for that lot
unlesH he .«ent a cheque for that amount and instructed the bank to pay the
plaintiff 's dishonoured draft for .$200 claimed in respect of the first lot. The
defendant telegraplu d the plaintiff : " Accept my draft. Will be down Wed-
nesday and i)ay you." The plaintiff having paid the second draft, sued the
defendant in tlie county court for 8300. Held, reversing the judgment of the
e lurt linldw, j)er Burton and Patterson, J.T.A., that the sums of $200 and .?10<)
were both liquidated by the act of the i)arties ; that the whole demand was
tlicrefore within the juriwdiction of the county court, and that plaintiff was
entitled to recover. Per Hagarty, C..T.O., without deciding that either
<!euiand was liquidated, the court in this case had jurisdiction. It cannot
entertain any imliquidated cause of action over .$200 ; but it has jurisdiction to
try any nuinber of imliquidated causes of action in debt, covenant or contract
.•*o long as eaeli does not exceed .$200, and the aggregate does not e.\ceed $400.
(Tiiis latter ojjinion was exjiressly dissented from by the majority of the court. )
McLiiughlin v. Schaefer. 13 A. R. 253.
In an action of replevin brought in the county court of Haldimand for a
mare tak(ai by the defendant from the plaintiff's close in that county, removed
t )tiie County of Brant, and cuere detained until replevied. Held, that the
tiking could not be justified under a warrant issued for the arrest of the plain-
tiff on a charge of stealing the mare ; and although the original taking waa
justified under a search warrant issued in Haldimand, to search the plaintiff's
JURISDICTION.
51
premises in Haldiinand for the mare, and to bring it before a justice of that
county, yet the subsequent removal to the County of Brant and detention
there were not, and constituted the defendant a trespasser ab initio, and there-
fore the county court of Haldimand had jurisdiction to replevy the goods in
Brant. Hoover v. Craig, ct al., 12 A R. 72.
The plaintiff agreed to sell the de'endant a piano for .?400, to be paid by
notes at one and two years, with interest, with a rebate for cash. The piano
was delivered at the defendant's residence, wiio after using it for some time
objected to retain it, and refused to give the notes or pay the stiinilated price.
The plaintiff thereupon sued the defendant in the comity court, claiming the
$400 and interest. At the trial leave was given to strike out tlie words " with
interest. " Held, that the amount was ascertained by the act of the parties,
and that defendant having neglected to pay either by notes or cash, the plain-
tiff was entitled to recover in an action for goods sold and delivered. Green-
izen v. Burn.s, 13 A. R. 481.
An action for the price of two disti'^jt parc^ \8 of goods sold and delivered.
The defendants accepted a bll of exchange for each parcel, one bill being for
$103.80, and tlie other for -SIOG. 40. At the time the action was brought the
second bill had not matured, as was alleged by the defendant and afterwards
admitted by the |)laintiffs. Upon the application of the plaintiffs the master
made an order, xmder Rule 322, Ontario Judicature Act, for final judgment
against the defend :nts for the first parcei of goods sold and delivered, that is,
for $103.80, with interest and costs of suit, including the costs of the applica-
tion, " to be taxed according to the course and practice of this court." Under
this order the taxing officer allowed the plaintiffs county court costs on that
part of the plaintiff's claim uiH)n which they obtained the order for judgi^ qnt,
and he allowed to the defendants the full costs of the high court of justice on that
part of the y)laintiff'8 claim upon which the defendants succeeded, that is, upon
the claim for §106.40, the price of the second parcel of goods. Ujxjnan appli-
cation by the defendants to revise the taxation ; held, that it was the duty of
the taxing officer to look at the pleadings, and if necessary receive affidavits
so as to ascertain the facts of the case ; tiiat division court costs only should
have been taxed to the plaintiffs, as the amount for which they obtained judg-
ment Wfis ascertained by the signature of the defendants, and wivs therefore
within the comjjetence of the division court ; that the defendants ' uould have
8U{)erior court costs down to and including the statement of defence, which
would not have been required but for the plaintiffs claiming improperly the
price of the second parcel of goods, wliich was not due, and also their costs of
this applicfvtion, with a set-off pro tarito against the plaintiffs' judgment and
costs. White Sewing Machine Company v. Belfry, et al., 10 P. R. 64.
An action in tlie common pleas division for $288.20, the balance of a claim
of $1,828.20 for 8,310 lbs. of butter at 22c. per lb. $1,600 had been paid on
account of the claim. The plaintiff obtained a vei-dict for $223.20 No certifi-
cate for costs was asked for at the trial. Held, on a motion to a judge for an
order directing the defendant to j)ay to the plaintiff full costs without deduc-
tion or set-off, that the amount was liqv.idated by the act of the parties, within
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the meaning of R. S. O. c. 43, s. 10, s-s. 2, and the plaintiff, without a judge's
certificate, was entitled to county court costs only. Durnin v. McLean, 10
P. R. 2i>5.
At the trial the learned judge only allowed county court costs. On shew-
ing cause to the defendants' motion, the plaintiff, who had not moved, asked
to have the direction as to costs varied, and full costs allowed ; but the court,
in the absence of a substivntive motion therefor, refused to interfere. Dynient
V. The Northern and Xorth Western Railway Co., 11 O. R. 343.
Plaintiff sued defendant for goods supplied, araotniting to S224. Tliere was
no evidence that the articles were made or supplied at an agreed i^rice, ^^r to
show that the amount claimed was ascertained by the act of the ])arties. Held,
that plaintiff was entitled to costs on the superior scale. The mere rendering
of an account with prices stated is not ascertaining the amount by the act of
the parties. Montgomery v. McDonald, 1 Man. L. R. 232.
The plaintiff in an action in the high court of justice claimt-d $2^X5.14, the
balance of .an account of .^800 for rent and gocxls sold and delivered. The
defendants in their statement of defence admitted a liability of .SITO.SO, but
claimed a credit of .$81.14, leaving a balance due of $8!). 1(5, which they brought
into court with their defence. The plaintiff served notice under rule 218
accepting the amount paid in full of the claim, and i)roceeded to tax his costs.
Upon taxation a question arose as to the scale of the costs ; held, that the
provision in rule 218, that the i)laintiff may tax his costs, does not give him
costs according to any higher scale than if he had entered judgment for the
sum which he received out of court ; the costs should therefore he. on the
■jounty court scale, as the whole amount of the account was over ?!8()0, and the
amount admitted by the defendant was .$170.30. Chick v. Toronto Electric
Light Co., 12 P. R. 58.
Action on bond to secure indebtedness of 8810. The bt)nd was payable by
instalments, the first of which for .Sl()1.40, was overdue and action was brought
in the county court to recover that amount. Tiie condition of the bond
referred to a contemporaneous mortgage containing a covenant tiiat in default
of payment of any instalment, tlie whole sum impaid should immediately
become due and payable. Held, that the debt was indivisible and that the
county court had no jurisdiction to give judgment for the amount of the over-
due instalment. Bath v. Dennison, et al., 12 N. S. R. 303.
Where, in an action in the county cijurt, judgment is given for a sum
in itself within the juri.^dictitm of the court, but which is the balance of
a sum beyond the jurisdiction, and which was arrived at not by any settle-
ment or statement of account between the parties, but as the ascertainment
of a disputed account. Held, this was the allowance of a claim beyond the
jurisdiction of the court, and a writ of prohibition was granted. Sherwtxxl v.
Cline, 17 O. R. 30.
Pending negotiations for the sale by the plaintiff to the defendant of a
certain business as a going concern, the defendant entered into iM»ssessi'jM, made
soles, and received moneys, entering the receipts ni a cash book. The negoti-
ations fell through, and the plaintiff brought this action in the c(.unty court to
t
JURISDICTION.
53
recover "*i271.03 the return of thi; numeys received by the defendant belonf?-
injr to the plaintiff, being imweeds from sales of gixjds in plaintiff's shop, as
follows;" setting fortli the siuns received on each day by the defendant.
Held, that this sinn was not ascertaijied l>'' its receipt by the defendant, and
the bringing of the action by the |)laintiff ff)r the sum so received. The
increased jurisdiction applies only in the comparatively plain and simple
cases where by the act of the parties (ir the signature of the defendant the
amount is litiuidated or ascertained as being due from one party to the
other on account of some debt, covenant, or ctmtract between them; such
ascertainment (»f the amount by the act of the parties being srmicwhat equiva-
li'Ut to tlie stating of an account between tliem. Judgment of the County
Court of Middlesex affirmed. Robb v. Murray, 10 A. R. aOS.
Rent being due by A. to B., A. was served as garnishee with division court
summonses by E. and C, escli claiming jiart of the rent. A. refusing to pay
liis rent unless he was protected from these claims, lie was sued by B. for the
full .amcmnt of the rent in a county court. Before this action was begun, G.
(iresented to A. an order ui)on him signed by B. for part of the rent due. A.
iipplied to a judge of the high court of justice in chambers for an interpleader
order. The affidavits du which lie moved wei'e entitled, " In the High Court
of Justice, Chancery Division, between A., afiplicant, and B. and others,
claimants." Held, that \. was entitled to be relieved by calling on the rival
parties to intei'plead, under tlie proeediu'e indicated by Rules 1141, ct acq.;
and an objection to the manner of entitling the affidavits was overruled.
There was no jiu'isdiction in the county court to give relief by way of inter-
pleader in the action brought by B. ; the jurisdiction in that court being
limited by Rules IKil', ct kh/., to proceeding.s against aV)sconding debtors,
and after judgment wlieu execution has issued. <r.'s claim might have been
litigated in the county court, and would not have been the subject of inter-
pleader proceedings ; but the order made being for a stay of the comity court
action and i)ayment into court by A. of the rent, G.'s claim should be the sub-
ject of iiKpiiry in the high court. Held, also, that A.'s costs of the application
sliould be borne by K. and (4., wiio submitted t(j have tlieir claims barred, and
who had lieeii the cause of the exjiense and delay, and that there should l)e no
costs to either party of the county court action. He Anderson v. Barln-r, 13
P. R. 21.
The plaintiff held the defendant's note for slMW, and gave it back to the
defendant to hold until the latter should be free from a certain liability as
surety. After he became freed he refused to give up the not«', and destroyed
it, and tiiis acticm was brought for brejvch of his contract to return the note.
The action was referred to a referee, who found the plaintiff was entitled to
S'M4 daninges, being the amount of the note and interest. Held, that so soon
as the facts relating to the note had been arrived at, the fiitantum of damages
was a fixed amount ascertained by calculating the amount of the defendant's
liability ujion the note ; and therefore the claim wiis within the jurisdiction of
the county court, under R. H. O. c. 47, s. Ill, s-s. 2 ; and the plaintiff was entitled
to costs upon the county court scale only. The defendant wivs entitled to (let
off the difference In^ween the county court and high court costs of his defence.
3
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54
JUKISDICTION.
fief ere a motion for costs was made, thedefendant offered to pay the plaintiff's
costs upon the county court scale. Held, that this was not an offer which the
plaintiff was bound to accept, and the plaintiff was entitled to the costs of the
motion on the county court scale. Johnson v. Kenyon, 13 P. R. 350.
The following Con. Rules apply to interpleader in county courts : —
1162. In case any claim is made to any goods or chattels
taken or intended to be taken under an attachment against an
absconding debtor or in execution, under any process issued out
of any county court, or to the proceeds or vahie thereof, all the
proceedings shall be had and taken in the county court of the
county or union of counties in which such goods or chattels arc
so taken or intended to be taken, or before the judge of such
court notwithstanding that there are writs from two or more
county courts against the same goods, and whether at the suit ov
instance of the same plaintiff or different plaintiffs; or the said
court or judge in any such case, if it appears more convenient and
more conducive to the ends of justice so to do, may order that
the said proceedings be had and taken in the county court from
which such process issued, or before the judge of sucli court.
R. S. 0. 1877, c. 54, s. 22. 49 V. c. 16, s. 18.
1168. (1) Where the amount claimed under or by virtue of an
execution, or of an attachment against an absconding debtor in
the sheriff's or other officer's hands, issued out of the high court
or under executions or attachments in the sheriff's or other
officer's hands, issued out of different county courts, or out of one
or more county courts, or one or more division courts, does not
exceed the sum of $400, exclusive of interest and sheriffs or
other officer's costs, or when the goods seized are not, in the
opinion of the judge, or other person making the order, of the
value of more than $400, the order directing an issue to be tried
may direct that the issue shall be drawn up and tried in the
county court of the county in which the issue would, under the
provisions of the preceding rule be tried, and in such case tlio
issue shall be drawn up, filed and tried in the county court, and
all subsequent proceedings therein, up to and inclusive of judg-
ment and execution, shall be had and taken in the county court
which shall have jurisdiction in the premises as fully as though
€;:,:;■
--•*«
JUniSDICTION.
55
the writ of execution or attacliment liad issued out of a county
court.
(2) When an application is made for an order, under this rule
upon the ground that tlie goods seized are not of the value of
more tlian S400, a hst of the goods and of the value placed upon
them shall be set out in tlie affidavit or affidavits, upon which
the application is based. 44 V. c. 7, s. 1 ; 49 V. c. 16, s. 42.
(8) The judge making the order shall have the like powers as
are provided in rule 1157 with regard to the proceedings therein
mentioned. 49 V. c. 16, s. 42 (a).
1164. The proceedings for and relating to the order for costs,
and for obtaining money out of court, when the same has been
paid into court by the sheriff, and for such other purposes as
may be necessary, may, in the cases provided for in the preced-
ing rule, be made to the judge of the county court who tried the
issue, and he shall have power and authority to make such order
in the premises as a judge has heretofore had in such cases,
but the application for such order may be made as now in the
original cause. 44 V. c. 7, s. 2.
1165. In respect of all such proceedings as shall be had in
the county court, the costs and disbursements shall be taxed upon
the county court scale. 44 V. c. 7, s. 3.
1166. Any party who is dissatisfied with the decision of the
judge of a county court upon any question of law or fact arising
in the course of interpleader proceedings, may appeal from such
decision to the court of appeal, and sections 40 to 52 inclusive of
"The County Courts' Act" shall extend and apply to and shall
regulate and govern the manner of prosecuting and determining
such appeal. R. S. 0. 1877, c. 54, s. 23.
An interpleader issue arising out of an action in the ciiancery division
of the high court of justice was tent to a county court for trial by order made
in chambers. Held, that it was to be intended that the order was made under
44 V. c. 7 (Out. ), rather than under the interpleader jurisdiction of the old
court of ciiancery ; and that being so, that a divisional court of the high court
of justice had no jurisdiction to hear an appeal from the judgment of the
county court on such issue, and that such appeal should have been made to
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JURISDICTION.
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the court of a.pi)eal, under R. S. O. c. 54, h. 23. Close v. Exchange Bank, 11
P. R. 18«.
Held, that interpleader being a proceeding in the action, a county court
judge under Rule 422, O. J. Act, has jurisdiction to entertain it, but in this case
the judge having disjwsed of the matter summarily without the consent of the
parties, an issue was directed. Coulson v. Spiers, i) P. R. 491.
Held, that in case of interpleader by a sheriff between two claimants, one i*
plaintiff in a superior court suit, the application for an interjileader order was
properly made in the superior court, although the seizure was made under the
county court writ before the superior c, Mrt writ came into the sheriff's hands.
Strange v. Toronto Telegraph Co., 8 P. R. 1.
Under the following Con. Rules the county courts have jurisdictic n in
summary enquiries into fraudulent conveyances : —
1007. Where a judgment creditor or a person entitled to
money under a judgment or order, alleges that the debtor or
person who is to pay, has made a conveyance of his lands which
is void, as being made to delay, hinder or defraud creditors or a
creditor, it shall not be necessary to institute an action for the
purpose of setting aside such conveyance, but a motion may be
made to the court or a judge in chambers by the judgment creditor
calling upon the judgment debtor or person who is to pay, and
the person to whom the conveyance has been made, or who have
acquired any interest thereunder, to .show cause why the lands
embraced therein, or a competent part thereof, should not be
sold to realize the amount to be levied under the execution. R.
S. 0. 1877, c. 49, s. 10.
1008. Where any judgment creditor in an action, or a person
entitled under a judgment or order as aforesaid, alleges that the
debtor or person to pay is entitled to or has an interest in any
land which under the former practice could not be sold under
legal process, but could be rendered available in an action for
equitable execution by sale for satisfaction of the debt, the court
or a judge in chambers may, upon the application of the creditor,
call upon the debtor or person who is to pay, and the trustee or
other person having the legal estate in the land in question, to
show cause why the said land or the interest therein of the debtor
or the person who is to pay, or a competent part of the said land.
JURISDICTION.
67
should not be sold to realize the amount to be levied under the
execution. R. S. 0. 1877, c. 49, s. 11.
1009. Upon any application under either of the two preceding
rules, such proceedings shall be had, either in a summary way,
or by the trial of an issue, or by inquiry before an officer of the
court, or by an action, or otherwise, as the court or judge may
deem necessary or convenient for the purpose of ascertaining the
truth of the matters in question, and whether the lands, or tlie
debtor's or other person's interest therein are liable for the satis-
faction of the execution ; but if in a case in a county court there
is a dispute as to material facts, and the value of the land, or the
debtor's or other person's interest therein, appears to be over
$400, the court or judge shall direct the trial of an issue in the
high court, and may name the county in which the trial is to
take place, subject to any order that the high court or a judge
thereof may see fit to make in that behalf. R. S. O. 1877, c. 49,
s. 12.
1010. In county court cases the application under rules 1007
and 1008 shall be made to the county court, or to a judge of a
county court of the county or union of counties in which the
lands to which the application relates are situate, unless the said
court or judge upon the hearing of the application deems it more
convenient and more conducive to the ends of justice to order,
and orders, that the proceedings be had and taken in the court or
before a judge of the court, from which the execution issued ; in
which case the clerk of the county court of the county in which
the land lies shall transmit the papers filed with him, together
with the order of transference, to the clerk of the county court
from which the execution issued. R. S. (). 1877, s. 49, s. 18.
20. (1) The several county courts shall have
jurisdiction in actions for the recovery of corporeal
hereditaments (where the yearly value of the pre-
mises, or the rent payable in respect thereof, does
not exceed }if200) in the followinj^ cases, namely :
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58
JURISDICTION.
l>:
(a) Where the term and interest of the tenant
of such corporeal hereditament has ex-
pired, or has been determined by the
landlord or the tenant, by a legal notice
to quit :
(b) Where the rent of such corporeal heredit-
ament is sixty days in arrear, and the
landlord has the right by law to re-enter
for non-payment thereof :
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.
(*2). Every such action shall be brought in the
county court of the county in which the premises
sought to be recovered lie.
(8). The term " Landlord," as used in this sec-
tion shall be understood to mean the person
entitled to the immediate reversion of the lands ;
or if the property be holden in joint tenancy,
coparcenary or tenancy in common, shall be under-
stood to mean any one of the persons entitled to
such reversion. K. S. 0. 1877, c. 43, ss. 20-22.
Tlie fact of the pendency of an action of ejectment is not a bar to the plain-
tiff's proceedinK in the county court under this section. Williamson v. Bissil,
31 L. J. Ex. 131 ; 7 H. & N. 391.
It has been held that the jurisdiction is not available, except where there is
the ordinary relation of landlord and tenant ; and therefore a mortgajjee can-
not recover [rassession from a person who has entered into the occupation
subsequently to the mortgage, and who has not become tenant to the mort-
gagee. Jones V. Owen, 18 L. J. Q. B. 8.
Nor can a person who is the legal owner of the premises, and who claims to
be the landlord, where the occupier is in iwssession under an agreement for
i
nr>-
JURISDICTION.
-)'.>
purchase, the relation between the parties not beinj? tiie ordinary n-lation of
landlord an<l tenant. Banks v. Rebbeck, 20 L. J. t^. B. 470.
In 18.57 a defendant wa« entitled to £.500, with interest, charged un White-
acre, which belonged to A.; and it was orally a(?reed that the defendant
8huiild rent Blackacre from A., and should deduct the interest on tlu- £500
from the rent. In 1858, A. conveyed the reversion of Blackacre to the jilain-
tiff. Held, that the defendant was a mere tenant of Blackacre, and that the
plaintiff could determine the tenancy by notice, and recover ijossessiun. Jones
V. Thomas, 4 L. T. N. S. 910.
Where a defendant entered into a written agreement with the plaintiff to
take certain premises at a rent of 20.'*. per week, payable on demand, and sub-
ject to four weeks' notice to quit on either side ; and during the continiiancy
of this tenancy an oral agreement was made between the j)arties that the rent
should lie IG.'. a week, and the defendant for everal weeks paid this reduced
am(junt, and on one occasion submitted to a distress. Held, that there wiis no
fresh demise, and that the original rent cimtinued to be the rent payable for
the premises, and therefore exceeded the limit of the jurisdiction. Crowley v.
Vitty, 7 Ex. 319.
The question whether the tenancy has been "(hdy determined by legal
notice to quit," is cme uixjn which the decision of the county court judge is
conclusive between the i)arties. Fearon v. Norval (1), 17 L. J. Q. B. HJl.
In ejectment in the county court, imder this section, it apijeared that the
defendant lield the land under ;i verbal lease for a year, fn m 7th June, from
one B. with the arrangement that if B. sold, defendant would give up ]xis8es-
sion at the end of the year. B., in January, sold to the plaintiff, of which
defendant had notice, and promised to give up possession, and the i)laintiff
gave defendaJit a notice to qiiit on the Sth June, his term having expire<l.
At the trial the deed from B. to the plaintiff and the notice to quit were
proved. Held, a case within the statute ; that defendant's term was put an end
to on the 7th .fune, and that there was no dispute as to title to exclude the
jurisdiction, whicli was clearly not ousteil by the mere proof of the plaintiff's
paper title. Neads v. McMillan, 29 U. C. Q. B. 415.
The plaintiff let to the defendant a house for three years at a rent of £3 68.
8d. a month, (layable monthly ; the agreement of tenancy contained a i)ower
of re-entry on non-payment of any part of the rent for twenty-one days after
the day of payment, or in case of the breach or non -performance of any of the
conditions in the agreement. A month's rent having been in arrear for more
than twenty -one days, the plaintiff gave defendant notice to quit at the end
of the next month of the term, alleging as breaches ntm-payment of rent and
a breach of a condition in the agreement. Held, that a " legal notice to quit "
must be taken to mean the notice to quit required by law and not one depend-
ing on the express stipulation of the parties ; that the tenancy had not tliere-
fore Ijeen determined within the meaning of the section, and that an action to
recover {wsession of the premises could not l)e brought in the county coiirt.
Friend v. Shaw, 20 Q. B. D. 374.
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See R. S. (). c. 144, aH to siiuiinary pnweedingH Itefore ooiinty judges ogiiiiwt
overlioldiiiff tenantH.
Prior to 54 V. c. 14 {infra, note to s. 25), where an action lieyond the
jurisdiction of tiie county court was brouglit in that court, and it cotdd n(.*. l>e
niiioved into the high court by certiorari under h. 23, prohibition wo»dd In*
gninted, Htaying the action. Now, however, by the above act, all sucli actions
ni;iy 1m- transferrer! to the high cotirt, no matter from what cause the want of
jui'isdiction arises.
Under the following Con. Rules, the penalty of loss of costs, and payment
of part of the defendant's costs are im|K)8«Kl on a (ilaintiff who brings an action
ill a higher court than the one which has jurisdiction to try it, IJy Con.
Uulc 1170(a), the "costs of proceedings before judicial officers unless f)th('r-
wise di.-»i>osed of, shall be in their discretion, subject to ap|)eal." The history
and construction of this Rule are given in re Young, 14 P. R. 303. In that
matter, a judge of a county court, acting under R. S. O. c. 124, s. 6,
ordered the removal i.f an assignee and gave costs against the fierson removed.
It was held that he exercised a statutory jurisdiction a,» peraana dcsigtiiifa, and
liad no (lower to order jiayment of costs, the proceedings in such case not l)eing
ill any court, and this rule not ajiplying to them.
1172. Incase an action of the proper competence of a county
court is brouglit in the high court, or in case an action of the
proper competence of a division court is brought in a high court,
or in a county court, and is tried by jury, and the judge or court
makes no order respecting the costs, the plaintiff shall recover
only county court costs, or division court costs, as the case may
be, and the defendant shall be entitled to tax his costs of suit as
between solicitor and client, and so much thereof as exceeds the
taxable costs of defence which would have been incurred in the
county court or division court, shall, on entering judgment, be
.set off and allowed by the taxing officer against the plaintiff's
county court or division court costs to be taxed, or against the
costs to be taxed and the amount of the verdict if it be necessary,
and if the amount of costs so set oft" exceeds the amount of the
plaintiifs verdict and taxed costs, the defendant shall be entitled
to execution for the excess against the plaintiff". See R. S. 0.
1877, c. 50, s. 847, and J. A. Rule, 612,./tn'!< part.
{(i) The event shall in such case be to recover costs according
to such scale, subject to such rights of set oft' as to costs, as are
herein mentioned. J. A. Rule, 512, last part.
f' It
COSTS.
ni
It will bn obnerved that tliiH Rnl« aiipliuH only to caneH "trii-d by jury."
It in » re-ciiautiiKint nf the proviwioiis of Hcction 347 of thi' Coiniiion Law Pro-
cedure Act, the apiilication of wliicli had boon oonsidorod doubtful. Sit-
Whitohcad v. Tait, 3 C. L. 'I'. 122 ; McGarvey v. Htrathroy, U V. K. S7 ;
Wilw.n V. R«jb.^rts, U P. R. 412.
Ah tointorprotation' i thin Rulo, Heo Ireland v. Pitchor, 11 P. R. 403; sn/mi,
p. 44; and an to uioauinjf of "the event," nee Andrews v. City of Londmi,
12 P. R. 44, iiiffu, note to Rule 1174.
In an action for daniagen for breach of a contnict, the jury awarded the plain-
tiflF )WiS..5(), and the trial judge entered judgment for that amount, and certified
to entitle to costH on the division court scale, and to prevent the defendant
from setting off high court costs. On api)eal a divisional court varied the order
as to costs HO as to give the plaintiff wucli conts only as he would have recovered
under this Rule where the judge at trial did not certify. Livernois v. Bailey,
12 P. R. ra") ; attinned in appeal, 13 P. R. (52.
In an action in a county court, tried V)y a judge without a jury, judgment
was given for $3(J, no order being made as to costs. Held, that no costs should
be awarded, and a mandamus was granted to the county coiirt clerk to enter
up judgment for the plaintiff without costs, and witiiout allowing defendant to
Bet off against tiie judgment the difference between county and division court
costs, /ii' Great Western Advertising Company v. llainor, !• P. R. 107.
The defendant, for valuable consideration, executed a bond in favour of thi'
plaintiff, conditioned for the i)aymentof the principal and interest secured by
a mortgage executed by the plaintiff. The defendant having made default in
payment of the interest for four years, the i)laintiff was com|>elled to pay the
arrears, amounting in all, together with interest on the amount tmpaid, to
flH3, for the recovery of which he sued the defendant in the county court
when judgment was given for that sum, together with division court costs,
against which the amount of the defendant's county court costs was ordered to
1)0 set off. Held, (reversing the judgment of the court below), (1) that the debt
or money demand arose from payment of the money by the plaintiff, and the
amount of it was not ascertained by the signing of the bond. (2) That und»r
the circumstances the judge had no discretitm to refuse the plaintiff who had
been successful in the litigation, liis full county court costs. Mitchell v. Van-
dusen, 14 A. R. 617, considered and followed ; Kinsey v. Roche, 8 P. R. 5ir) ;
Wiltsie v. Ward, 8 A. R. 549 ; Forfar v. Climie, 10 P. R. 1)0, approved ;
Graham v. Tomlinson, 12 P. R. 367, referred to. McDermid v. McDerniid,
15 A. R. 287
The plaintiff in his statement of claim alleged certain transactions between
him and the defendant, in the whole comprehending over 81,000, and claimed
a balance of $109.72 and interest from the Ist January, 1888. The defen-
dant by lis statement of defence denied that he was indebted to the
plaintiff in any sum, and alleged that the plaintiff was indebted to him for
goods supplied and on certain promissory notes in the sum of $1,325.74, for
which he counter-claimed. Held, that the matter of a counter-claim was
really a set-off, and even if it were not improper to call it a counter-claim.
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having n-Rurd tf) Rule 373, thin c<niW not change its real characU>r. Cutl»>r v.
Morxc, I'J 1'. U. r»'.t|, r('ffrr«'(l to. T\w action was triwl without u jtiry.and
thH |)hiintitf ii'covtTod judgment for !?120.7t), "together with hiH coMts of
action, t(t 1h' taxed accoriling to the proin-r xcah* a|»)tlicable." Held, that ft
county court has jurisdiction to entertain and investigate accounts and claims
of HuitorH. iiowever large, provided the amount sought to be reoovererl docs not
exuewl the Bum prescriiied by the Act ; and in this case a county court would
luive had jurisdiction. Tiie case, net lutving been tried by a jury, did not fall
under Rule 1172 av.d the iletermination of the scale of costs was a matter
in the discretion of the court. In the exercise of such (li.scretion the prin-
cii)les (if Rule 1172 were applied to tiie case, and the plaintiff was allowed
costs on ilie county covu-t scale, and the defendant the excess of his costs
incurred in tiie high court, as between solicitor and client, over the amount
whic'i) 111' would have incurred in the county court, to be set off. IJennett v.
Wiiite, 13 P. R. Hit.
In an action of trespass by a mortgagor of cliattels against the mortgagee
for illegal seizure, a verdict was found for the j)laintiff. The value of the
go(Kls was found to lu' !«ilfM), and tiie mortgage was .?r)0, leaving tlie jilaintiff's
interest •'!J«"')0. Judgment was entered for jilaintitf for ■SrjO, witli costs on the
county court scale, with a set-off of excess over county court costs. On ap|H<al
to the divisional court, costs were allowed on tlie divisiim court scale only
witli tlie usual set-off. Callicott v. McKinlay, !> C. L. T. KHi.
The plaintiffs, sul)-'jontriictors, in an action brought in tiie liigli court to
enfonic a nioclianics' lien, claimed against the contractor i?24.^.2it, and recovered
!ij<2H4.ol. Tliey claimed a lien on the land for the amount diie them, but uihjii
the investigati(tn of accounts to the extent of ujiwards of 81,700 between the
conti-actor and tlie land owner it was found that the latter owed only .%3.79,
and tlie plaintiffs' lien was limited to this amount. Held, iipon an app«'al
from taxation of costs, that the contractor could not have sued the land-owner
in the division court to recover the balance of .1J(i3.7!>, but must have [iroceeded
in the county court, and the ])laintiffs s'ling upon the same claim, were there-
fore entitled to county court costs ; and as the plaintiffs' claim was also beyond
the jurisdiction of the division court, upon any construction of secti(m28of the
Mechanics' Lien Act, R. S. O. c. 126, the jilaintiffs could not have brought
their action in the division court. Held, also that, as the i)laintiff8 could not
have hoped to establish a case which would have entitled them to high coiirt
costs, the defendant land-owner should be allowed a set-off of the excess of his
costs incurred in the high court over what he would have incurred in the
county court ; but as the action was tried without a jury and Rule 1172 did
not apply, the taxing officer had no power to allow this set-off without the
direction of the court ; and the judgment; of the court was amended so as to
meet the case. Truax v. Dixon, 13 P. R. 279.
In a recent case of Anderson v. Farquhar {Globe, Nov. 2Gth, 1891), which
was brought in the high court for $.)2.'>.6C, Falconbridge J. gave judgment for
tlio plaintiff for S3.5, without costs, instead of allowing county court costs,
with a set-off of high court costs.
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COSTS.
68
Thu words (if Rtile 1172, "tho judi^f rir court niakpn no ui-dcr n-nix-cting tliH
t'OMt«." do not confer uny \vlnill.v diKcn'tioiiiiry |K)\v«'r on the jiidK*-, butniuxt Im
rtiid with Kidi' 117<> iim ref<rrin|< to iiii order niiuli' "for good (juiiw^" And
wlicrv, in III) action in u county court for daniaK(*H for IxMlily injuricH HiiHtuint-d
Ity tliiplivintifT tl»rou>fli the iillctfcd u<'Kli>^<'n('<' of tlicdcfcndivnt, the jury found
for the phiintiff und UHseHHcd the dniuages at KM), and added that the defendant
wlnpuld pay "tlie court exiH^iiMex," and tlie judge nia«le an onhr tluit the defen-
(hiiit mIiouM have full county court costs, and tliat the defenilaut nhould not
hiive the ><et-off provided l>y Kule 117-, liecau.se in his opinion, tiic injury done
to the plaijitiff was attended by uircuinstaiices of great aggravation, and the
jury ought to have given larger damages. Held, Osier, -J. A., dissenting, that
these words were not circuniMtances whifth constituted "good cause," within
the moaning of Uule 1170 ; for the very nuvtters relied ujion by the judge ai4
"gcKKl cause " hiwl been passed upon adversely by the jury ; and tlierefore the
costs should follow the event tuider IJule 1172. Heckctt v. Stiles, o TinieM
L. U. 88, followed. McNair v. Boyd, 11 I'. H. V.\'2.
The defendant signed a writing in these words : " Mrautford, October !tth,
1H8(». If anything hapjiens to me sudden, this is to insiuv my sou .losepii (the
plaiutitf ) to take SlOO from his sister Hannah's share, to repay money lent to
her ; if I live until this time next year I will settle it with him." Held, that
this was not a stifficient ascertainment of the amount due, by the .signature of
the defendant, within the meaning of R. H. O. c. 51, h. 70, to allow of a claim
upon it and other it(ans (amounting to about 8(>0) btung joined in u diviuion
court action. MoDenuid v. McDermid, 15 A. R. 287, followed ; re Graham
V. Tomlinson, 12 P. R. 3G7, referred to. Moses v. Moses, 13 P. R. 12 ; altinned
13 P. R. 144. See, however, re Smith v. Grant, 10 C. L. T. UK).
In an ivotion tried by a jury, where the defendant recovers on a counter-
claim, the coats should be on the scale of the court m which the action iu
brought by the plaintiff, unless the judge for good cause makes a different
order. The fivct that the recovery is a sum within the jurisdiction of an
inferior court is not good caus^ for such an order. Foster v. Viegel, 13
P. R. 133.
1178. The plaintiff in any action which is of the proper
coinpetence of a division court but is brought in a county court
shall not be entitled to full county court costs, if judgment is
recovered in s.tch action by default for want of an appearance or.
defence, or on the ground only of a commission for the taking of
evidence out of the Province having been issued therein or neces-
sai'y, whether judgment be recovered by default or otherwise.
R. S. 0. 1877, c. 50, s. 349.
This is becau.se a division court has power, under the following section of
thr Division Court Act, as amended, to issue such a commission :
135. In case the plaintiff or defendant in an action in a
divi8ion court is desirous of having at the trial thereof the testi-
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COSTS.
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mony of a person residing without the limits of the province,
the judge of the county court of the county wherein the action
is pending, may, upon the apphcation of the plaintiff or defend-
ant, and upon heai'ing the parties, order the issue of a commis-
sion out of and under the seal of the division court to a commis-
sioner to take the examination of such person. R. S. 0. 1877,
c. 47, s. 99 (amended by 52 V. c. 12, s. 13).
1174. In every case in which judgment is entered without
trial, or tlie decision of a court or judge, or order as to the costs,
and where tlie amount of judgment, prima facie, appears to be
within the jurisdiction of an inferior court, the taxing officer shall
not tax full costs of the high court, without proof on affidavit to
his satisfaction that the action was properly instituted therein ;
and if properly within the jurisdiction of the county, or division
court, then the taxation shall be on the scale of fees, in such
court. J. A. Rule, 511. 4S V. c. 14, s. 22.
The parties by consent allowed a verdict for the j)laintiff for SI to be taken
before the judge at the assizes, to V)e altered accordinfif to the result of a refer-
ence agreed ujxm, and also agreed that the costs should abide the event. The
iiction was for damages for negligence, and the award was in favour of the
plaintiff for $85. A question having arisen as to the scale of costs ; held,
following Watson v. (iarrett, 3 P. R. 74, and Hyde v. IJeardlsey, 18 Q. «. D.
244, that "costs to .ibide the event " does not mean that the plaintiff, if
successful, shall necessarily have full costs, but that he shall have such costs as,
under the statutes and rules of court, a i)laintitf recovering the amount that he
recovers, by the event is entitled to. Held, also, following Cmnberland v.
Ridout, .3 P. R. 14, that the final judgment by means of the reference was
to be regardeil as obtained without a trial, and the costs therefore dej)ended
uiK)n Rule 511, under which the taxing officer was directed to proceed. Tiiere
should be no set-ofi' of costs ; such a resiilt is not contt!mv)lated by Rule 511,
and it is not a fair construoti(jn to incor|xirate witli it the provisions of
R. S. O. c. 50, s. 34(>, tliat section being restricted to a case where there is a
trial. Wiiite v. Belfry, 10 P. R. 04, commented upon. Andrew v. C^ity of
London, 12 P. R. 44.
Where in an actiim in the liigh court an order was made by a local judge
upon con.sent, allowing the plaintitf to sign judgment for $233, with costs of
suit to be ta.xed ; held, that full costs were not implied unless it was a case of
suing in the high court ; .and the jurisdiction of the taxing officer to decide as
CO the scale of costs was not ousted. History of Rule 1174.
The claim was .?233, the price ofj furniture sold by the plaintiffs to the
defendant, according to prices indorsed on the writ, and duly delivered. By
his statement of defence the defendant admitted 18160.50, which he paid into
court. As to the balance, he pleaded that it was not payable because the g(x)da
45iaPitj»,ai»^':?!»r-«B»MJ»«ws«-»:»
COUNTER-CLAIM.
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ordered in respect thereof were not supplied or delivered, and that there was
no agreement therefor within the statute of frauds. Held, that the pleadings
only must be looked at to ascertain what was in dispute; that the cause of
action was one and indivisable ; and that the whole cause of action was not for
an ascertained amount within county court competence. Vogt v. Boyle, 8
P. R. 249, distinguished. IJrown v. Hose, 14 P. R. 3.
21. Every county court shall as regards all
causes of a-jtion within its jurisdiction for the time
being, ha\ e power to grant and shall grant in any
proceeding before such court such relief, redress,
or remedy, or combination of remedies, either
absolute or conditional, including the power to
relieve against penalties, forfeitures and agreements
for liquidated damages, and shall in every such
proceeding give such and the like effect to every
ground of defence or counter-claim, equitable or
legal (subject to the provision next hereinaft.er con-
tained), in as full and ample a manner as might
and ought to be done in the like case by the high
court. 44 V. c. 5, s. 77 ; 49 V. c. 16, s. 38.
See Whiddon v. Jackson, 18 A. R. 439, supra, note to s. 19 ; also re Mc-
Gugan V. McGugan, 21 O. R. 295, infra, note to s. 38.
22. Where in a proceeding before a county
court any defence or counter-claim of the defend-
ant involves matter beyond the jurisdiction of the
court, such defence or counter-claim shall not
affect the competence or the duty of the court to
dispose of the whole matter in controversy so far
as relates to the demand of the plaintiff and the
defence thereto, but no relief exceeding that which
the court has jurisdiction to administer shall be
given to the defendant upon such counter-claim.
44 V. c. 5, s. 78.
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CERTIORARI.
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See c. 44, s. 158, infra, note to s. 25.
Tlie iKJwer to grant relief in respect of such counter-claim is limited to the
same amount as the plaintiff has claimed in the action : Davis v Fhi" ff
Mining Co., 3 C. P. D. 228.
The relief which a defendant can obtain against a third party bnmght in
under CVm. Rule 328, is similarly limited to protection atfainst the plaintiff's
dematid : Xeald v. Corkindale, 4 O. R. .SI 7, supra, note to s. 19.
A defi'iidant who has obtained a judgment in a county court on a coiniter-
claim the amount of which is beyond the jurisdictif>n of that court, may sue in
thc> high court therefor, and the defendant in thi; high court is estopju'il from
denying the cause of action, the only question being the amount of damages :
Webster \. Armstrong 54 L. .1. (l K '2'M>.
RKMOVAL OF ACTIONS BY CERTIORARI.
23. (1) Where it appears in an action otiier-
wise of the proper competency of the county court
that such court has not cognizance thereof from
the title to land bein^" brou<^lit in question, or from
the validity of a devise, bequest, or limitation under
a will or settlement being disputed, a judge of the
high court or the judge of tlie county court before
whom the cause is pending, may oider a writ of
certiorari to issue out of the high court, to remo'^'^e
the cause into the high court ; and the cause when
removed into the high court shall be proceeded
with in the said court in the manner pointed out in
section 25 of this Act.
(2) The judge making the order may in his
discretion make and impose terms on the party
applying for the certiorari, as to payment of
costs, giving security for debt or costs, or such
other terms as he thinks ht.
(3) Where the writ is issued on the order of a
judge of a county court, a judge of the high court
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67
sitting in chambers at Toronto, may rescind the
order, or vary the terms thereof or imposed there-
by. R. S. O. 1877, c. 43, s. 24.
The plaintiff moved for an order removing this action from a county court
to the higli court, the action having been by mistake brought in the county
court, and the amount claimed being beyond the jurisdiction. The defendant
ojjpo-sed the motion, citing Meyers v. Baker, 2t) U. C. R. 16, and O'Brien v.
Welsh, 28 U. C. R. 3!)4. Falconbridge, J., said that he was bound by the
oases cited to hold that he could not lemove an rxjtion which was coram non
judicc where it was brought, and that the statutory provisions enacted since
those decisions (see R. S. O. c. 44, s-s., 9(5-100, 158; c. 47, s-s. 23-25) did not
alter the law laid down. Motion refused with costs to the defendant in any
event. Ferguson v. Samiwy, 10 C. L. T. 110. See re McGugan v. McGugan,
21 O. R. 295, infra, note to sec. 38. See also 54 V. c. 1 i, infra, p. 08.
24. Except in cases within the meaning of
the preceding section, no cause or action
instituted in a county court shall be removed
or removable from snch count}'' court, by writ
of (t'rtiorari, or otherwise, into the high court
unless the debt or damages claimed amount to
upwards of ^100, and then only on affidavit and
by leave of a judge of the high court, in cases which
appear to the judge fit to be tried in the high court,
and upon such terms as to payment of costs, giving
security for debt or costs, or such other terms as he
thinks "lit. II. S. 0. 1877, c. 43, s. 25.
25. Ii^ ^ t^'ise removed from the county court
to the high court by a writ of certiorari, it shall
not be necessary to deliver a new statement of
claim, but the case shall proceed on the record as
it stands when removed into the high court, anl
all subsequent proceedings may be had and taken
in the cause in the same way as if it had been
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TUANPFER TO HIGH COURT.
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originally coininenced and prosecuted in tlie high
court. E. S. O. 1877, c. 48, s. 20.
Section 158 of the Judicature Act contains the following provisions as to
transferring cases from county and division courts to the high court :
158. In cases before any county or division coiu't 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 sajiic 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.
The following amendment was made to the law as to transfer of actions
from the county court, by 54 V. c. 14 : —
An Act for the removal of certain cases from a County Court to
( the High Court.
Wherkas, under a misapprehcaision of law, actions are sometimes
brouglit in a county court which are }iot witliin the jurisdiction
of the said court, and it is expedient for the relief of suitors to
provide as liereinafter mentioned ;
Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows ;
1. Where it appears at any stage of an action brouglit in a
county court tliat such court has not cognizance tliereof from
any cause, a judge of tlie high court, or the judge of the county
court before whom tlie action is pending, may order the action
to be transferred to the high cobrt, and the proceedings thence-
forward shall be as pi'ovided by sections 23, 25 and 88 of *' The
County Courts Act" for like cases.
Tills is more comjirehensivc than either s. 23 or s. ;i8.
""•IS.
PLEADING AND PRACTICE.
Gi)
An action was Jirought in a county court to recover the amount of a
broker's commisi-ion ^,n tiie sale of hind. The defendant disputed hia liability,
and the action was tried by a jury, who found that the plaintiff was entitled
to recover S230. The amount was not ascertained otherwise than by the
agreement of tlie [)artiesi, as found by the jury. Held, by Rose, J., that the
amoimt was not ascertained within the meaning of R. S. O. c. 47, s, 1!), s-s. 2,
and the county court had no jurisdiction. Robb v. Murray, IG A. R. 503,
followed. Held, by a divisional court, that the above Act, which was passed
after the determination that the county court liad no jurisdiction, was retro-
spective, and enabled the action to be transferred to the high court. Ee
McKay v. Martin, 21 O. R. 104. See also Whiddon v. Jackson, aujJra p. 45.
NoTK — Subsequently judgment was given in this case, with costs up to time
of application for transfer, on county court scale, and subsequent thereto, on
high court scale (<tlobe, Nov. 17th, 1891). See s. 39, infra.
PLEADING AND PRACTICE.
26. An action by or against a judge or junior
judge of a county court which is within the com-
petence of a county court, may be brought in the
county court of any county adjoining that in which
such judge or junior judge resides. K. S. 0. 1877,
c. 4;), s. 27.
Held, that the fact t)f a defendant being a county judge, where the plaintiff
might otherwise have proceeded under the Overholding Tenants Act of 18'j8,
and thereby have obtained a more sununary remedy, is a sufficient reason to
change the place of trial in an action of ejectment. Anonymous, 4 P. R. 310.
Quo re, whether the circumstances of defendant being a county judge is not
in itself sufficient to give plaintiff the right to have the place of trial changed
on grounds of public policy. Ihiil.
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27. When it is intended by a pleading to
bring into question the title to land, or to any
annual or other rent, duty, or other custom or
thing, relating to or issuing out of lands or
tenements, it shall be so expressly stated in
the pleading, nor shall such pleading be received
by a county court without an affidavit thereto
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PLT5ADINO AND PRACTICE.
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annexed that the same is not pleaded vexationsly,
nor for the mere purpose of exchiding the court
from jurisdiction, but that the same contains
matter which the deponent believes to be
necessary for the party pleading to enable him
to go into the merits of his case. K. S. 0. 1877,
c. 43, s. 28; 50 Y. c. 8, Sched.
A plea was pleaded bringing title to land in question, and after a verdict
for the plaintiff a new trial was granted, on the ground that the court had no
jurisdiction. On ajjijcal, the judgment was nwersed, as the court having no
jurisdiction could not grant a new trial. Tiie absence of the affidavit required
by the statute with such plea will not warrant the court in proceeding, but
would be ground for setting aside the plea. Cam))bell v. Davidson, 19 Q. B. 222.
28. Subject to the provisions of " The Judica-
ture Act ■' and to rules of court, the pleadings,
practice and procedure for the time being of the high
court shall apply and extend to the county courts,
wherever the pleadings, practice and procedure of
the county courts corresponded with those of the
superior courts of law, prior to the passing of "The
Ontario Judicature Act," 1881.
490.
44 V. c. 5, Eule
The following Con. Rules apply exclusively tf) county courts : —
1267. The pleadings, practice and procedure in actions in
the liigli court of justice shall apply and extend to actions in the
county courts. J. A. Rule 190.
There is no corresponding R\ile in England, as the county court pleading,
practice and procedure there are almost similar to tliose o( our division
courts.
This Rule has been slightly altered from the original Rule 4i»0, which limited
the application of the procedure of the liigh court to cases wliere " the present
plea<lings, jmact'-jc and procedure of the aiuuty courts correspond with those
of the sui)erior courts of law." Doubts were therefore ft)rmerly entertained as
to the applicability of some of these Rules. See McCcmnt'U v. Williams, 13
A. R. 438 ; Williams v. Crow, 10 A. R. 301 ; Ferguson v. McMartin, 11 A . R. 731,
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CHANGK CF VENUE.
71
infra, note to Hection 41. The originiil worrlinff of this Rule has, however,
been retained in the above section.
1200. In all actions brouj^ht in a county court the judge of
the county court where the proceedings are commenced, or the
master in chambers, or one of the judges of the high court
sitting at chambers may change the place of trial according to
the practice now in force in the high court ; and in the event of
an order being obtained for that purpose, the clerk of the county
court where the action was commenced shall forthwith transmit
all papers in the action to the clerk of the county court to which
the place of trial is clianged, and all subsequent proceedings
shall be entitled in such last mentioned court, and carried on in
such last mentioned county as if the proceediinrs had originally
been commenced in such last mentioned court. R. S. 0. 1877,
c. 50, s. 155.
'Vhv words " or the master in chambers " were inserted in the consolidating
of the Rules, in consequence of a doubt expressed as to his jurisdiction in
Brigham v. McKenzie, 10 V. R. 40(5.
Upon motion to change tlie venue from Toronto to Napanee in a coiuity
court action, brought to recover §100 damages for breach of a contract by th(^
defei:dantto sell a horse to the plaintiff, it api)eared that tlie defendant resided
in the County of Lennox and Addington and the pliiiutiff in Toronto, and that
all the witnesses on botli sides resided in Lennox and Addington except the
plaintiff himself and one other in Toronto. The defendant swore that he
required eleven witnesses at the trial. It was not clear where the cause of
action arose, but tlie bretich was jjrubably where tiitj defendant resided. The
master in ciuvmbers refused to change the venue. Held, by Rose, J., in
chandlers, that there was a very great pre])onderaiict^ of oonveuience in
favour of having the action tried at Napanee, and tlie venue was acc(jrdingly
clianged ; held, also, by Hose, J., that an appeal lay to a judge in chambers
from an order of the master in ehaiidiers under Rule 1200. Held, by the
divisional court, upon api»'al, tliat the vtaiue was properly changed to Napanee ;
and tliat, even if an appeal did not lie fmiii the master iu cliambers to a judge
in eliaml)ers, tlie latter hail tiie right as upoiia sutistantive apjilication to make
the order wiiich ttie master refusi'd As the ap[)('al to the divisional court was
dismissed upon the merits, no opinion was expressed as to whether such appeal
lay. IMilligan v. .Sills, 13 P. R. SoO.
No appeal would lie from the decision of a county judge to the court of
appeal under this Rule, as such a decision would be an interlocutory one ; (see
see. 42); but (/iKvri as to a "substantive niotitm" to the master in chambers or
a high court judge in chambers, on the dismis,sal of a motion by the county
judge.
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PAYMENT INTO COURT.
1262. Money to be paid into the county court, or surrogate
court of any county by any person, shall be paid into some
incorporated bank designated for this purpose, from time to
time, by order of the Lieutenant-Governor in Council ; or
where there is no such bank, then into some incorporated
bank in which public money of the Province is then behig
deposited, and which has been appointed for this purpose by
any general rule or order made in the same manner as otlitr
general rules or orders of the said courts respectively are by law
directed to be made ; or if no bank has been so appointed, then
into any bank in which public money of the Province is then
being deposited.
(2) The money shall be so paid in to the credit of the cause
or matter in which the payment is made, with the privity of the
clerk or registrar (as the case may be) of the court, and in no
other manner ; and such money shall only be withdrawn on the
order of the court or a judge thereof, with the privity of the
clerk or registrar of the court.
(3) Where money is so paid in under a plea of payment into
court, the clerk, on the production of the receipt of the bank for
the money or other satisfactory proof of such payment, shall sign
a receipt for the amount in the margin of the pleadmg.
This Rule was amended by Rule 12G7, passed on 13th June, 1890, by strik-
ing out the words "County of York" and substituting therefor the words "any
county."
1263. The clerk and registrar of said courts shall each keep
a book or books containing an account of all moneys so paid
into their respective courts, and of the witb " 'lAval thereof; and
shall prepare in the month of January in every year a statement
of all moneys so paid in and withdrawn respectively, and a
statement of the condition of the various accounts upon the
thirty-first day of the preceding December, and shall transmit
to the Provincial Secretary and to the judge or each of the
judges of such courtn, a copy of such statement, with a declara-
tion thereto annexed made before a justice of the peace or
HIGH COURT PRAOTICK.
78
comtnisgioner for taking iifTfidavitg, in the form No. 217 in the
appendix.
1264. The book or books so to be kept shall be open for
inspection within office hours ; and the clerk or registrar shall
give a certificate of the state of any account or an extract there-
from at the desire of any party interested, or his attorney or
solicitor on payment to the clerk or registrar of the sum of
twenty cents for such inspection or certificate and the sum of
ten cents per folio for such extract. R. S. 0. 1877, c. 42,
s. 25.
29. I^l^e several county courts may set aside
verdicts or non-suits, and grant new trials, and
such courts and the judges thereof may set aside
judgments by default, and proceedings for irregu-
larity, grant time for any pleading, and order stay
of proceedings till security is given for costs, and
may issue summonses and make orders in all
matters of practice in like manner and on the
like principles and grounds, and to the same
extent as in the high court, or by the judges
thereof in the said court, and may cause rules
on sheriffs, or any other rules, orders or
proceedings thereupon to be served in any
county. E. S. 0. 1877, c. 43, s. 30.
At the trial the jury answered all the questions left to them in favour of
the plaintiff and judgment was entered for him, wliich the county court judge
subsequently set aside and entered judgment for the defendants. Held, that
under Rule 490, O. J. Act, tht^ .same power is extended to the county court us
is possessed by the high court under Rule 321 , and that the judge of the county
court was right in giving judgment in favour of the defendants, instead of sub-
mitting tile question to another jury. See also, on the same point, Stewart v.
Rounds, 7 A. R. 57:"), and Williams v. Crow, 10 A. R. 301. McConnell v.
Wilkins, 13 A. R. 138. See Ferguson v. McMartm, 11 A. R. 731, infra note
to sec. 41.
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COSTS — EXECUTION.
COSTS.
30. Ii^ f^ll actions or other procoediiif^s brought
in a county court in which the phiintiff tails to
recover judgment by reason of such court having
no jurisdiction over the subject matter thereof, the
county court shall have jurisdiction over the costs
of the action, or other proceeding, and may order
by and to whom the same shall be paid, and the
recovery of the costs so ordered to be paid may be
enforced by the same remedies as the costs in
actions or proceedings within the proper competence
of the said courts are recoverable. 44 V. c. 5, Rule
489.
Con. Rule 1250 is almost a literal transcription of this sc^ction.
Prior to this enactment, no costs could be recovered by the defendant whore
the plaintiff failed for want of jurisdiction : Powloy v. Whitehead, l(i Q. B. 58!).
i
EXECUTION.
31. The county courts may issue writs of execu-
tion against goods and against lands, and writs of
capias ad satisfaoiendinn against the person, in like
cases, upon the same terms, and in the same order,
as similar writs may be issued in the high court.
R. S. 0. 1877, c. 43, s. 31.
32. The county courts may issue writs of execu-
tion against the person, lands or goods, writs of
subpoena, rules on the sheriff, and all other rules,
orders and proceedings into any other county, to
1)6 served or executed therein ; and judge's sum-
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DIVISION COURT TRANSCniI'T.
75
mons and orders may be issued in like manner ;
and all such writs, rules, summonses, orders and
proceedings shall be of equal force and effect, and
as binding as if the same had been issued from the
court or by the judge of the county to or into which
they are so issued, and all subsequent proceedings
thereupon shall be carried on in the court in ^"hich
the action has been brought or the judgment entered.
li. S. 0. 1877, c. 43, s. 82.
Tl»' following' are tlu; HcctioJiK of t\w Divinion (^lurtn Act roHju'cting tranH-
crijitH of judginont from that court to the county court : —
228. In cast) an execution is returned nulla homi, and the
sum remaining unsatisfied on tlio judgment under which the
execution issued amounts to tlie sum of $40, the plaintiff or
defendant may obtain a transcript of tlie judgment from the
clerk, under his hand and sealed with the seal of the court which
transcript shall set forth :
1. The proceedings in the cause ;
2. The date of issuing execution against goods and chattels ;
and
8, The bailiti''s return of nulla bona thereon, as to the whole
or a part. R. S. 0. 1877, c. 47, s. 1G5.
224. Upon filing the transcript in the ofldce of the clerk of
the county court, in the county where the judgment has been
obtained, or in the county wherein the defendant's or plaintiff's
lands are situate, the same shall become a judgment of the
county court, and the clerk of the county court shall file the
trr.nscript on the day he receives the same, and enter a memo-
randum thereof in a book to be by him provided for that purpose,
which memorandum shall contain,
1. The names of the plaintift" and defendant ;
2. The amount of tlie judgment ;
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ENFORCING RULES.
8. The amount remaining unsatisfied thereon ; and
4. The date or fihng ;
for which services the clerk of the county court shall be entitled
to demand and receive from the person filing the same the sum
of fift- -.-nts. R. S. 0. 1877, c. 47, s. 16G.
225. Such book shall at all reasonable hours be accessible to
any porbo\. '.'.osiious of examining the same, upon tlie payment
to tho 3lf - . vtm cents. R. S. 0. 1877, c. 47, s, 167.
226. \jpin. such filing and entry the plaintiff or defendant
may, until the judgment has been fully paid and satisfied, pursue
the same remedy for the recovery thereof or of the balance duo
thereon, as if the judgment had been originally obtained in the
county court. R. S. 0. 1877, c 47, s. 168.
The plaintiffs recovered judgment in the division court and issued an execu-
tion thereon under which nothing was iiiiKle, and which expired by lapse of
time. At the request of the plaintiff's solicitor the bailiff returned the writ
nulla bona, although it was alleged that there were goods out of which the
debt might have been levied. Upon this return the plaintiffs procured a
transcript of their division court judgment in regular form and filed the same
in the office of the clerk of the county court and sued out a writ of ^. fa. goods
in order to obtain the benefit of the provisions of the Creditors' Relief Act.
The respondent S., the holder of a warrant of execution in the division
court, then moved to set aside the plaintiffs' proceedings and they were accord-
ingly set aside by the county court judge on the ground that the judgment in
the court was void, being founded on a return to an expired execution. Held,
that a return of nulla bona where there were goods, was no more than an
irregularity to be complained of by the defendant. Ontario Bank v. Kirby,
16 C. P. 35, followed. Nor could a third party object that such a return was
made at the instance of the solicitor of the plaintiffs. Held, also (reversing the
judgment of the county court), that a return of nulla bona could be properly
made after the eXt)iration of the writ and that the transcript and judgment
in the county court founded thereon were valid and regular. Molsona Bank v.
McMeekin, 15 A. R. 535.
POWER TO ENFORCE RULES.
33. The several county courts shall have and
exercise the same powers to enforce their rules,
regulations and directions as the high court
ACCOUNTS AND INQUIRIES.
77
possesses, and may punish by fine or imprison-
ment, or by both, for any wilful contempt or
resistance to their process, rules or orders ; but
the fine shall in no case exceed $100, nor shall
the imprisonment exceed six months. R. S. 0.
1877, c. 43, s. 33.
See as to form of warrant of imprisonment for contempt and right of
apiieal ; Reg. v. Jordan, W. N. 1888, 152.
A judge of a county court, acting under the authority of 48 V. c. 26, s.
(Ont.) removed an assignee for creditors and .substitiited another assignee.
The first assignee, as alleged, refused to deliver over the key.s of the pl.ace of
business of the insolvent to the second assignee, nnd the judge made an
order for the issue of a writ of attacliment against the first assignee for
contempt. Held, that the judge, in acting under the statute, was not exer-
cising the powers of the county court, but an indejiendent statutoi-y jurisdic-
tion as per sona dcsif/nnta, and had therefore no power to direct the
issue of a writ of attachment; and prohibition was ordered. Ec Pacquette, 11
P. R. 4(53.
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ACCOUNTS AND INQUIRIES.
34. Where, in the opinion of the court or a
judge, it is necessary or proper in an action to
take accounts or make inquiries, which cannot
conveniently or properly be taken by the means
available in the court, the court or judge may
order the accounts and inquiries to be taken and
made by the master in ordinary of the supreme
court or any of the local masters. R. S. 0. 1877,
c. 49, s. 2G.
35. Where an order is made under the
preceding section, the master to whom the
reference is directed shall proceed therein, and
all rules as to the powers of the master, and as
78
TRANSFER TO HIGH COURT.
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to the proceedings in the master's office, shall
apply thereto. E. S. O. 1877, c. 49, s. 27.
Con. Rules 43 to 88 contain the provisions as to such refei — ,v9S.
36. Where the master has marie his report
pursuant to the order, the same shall be filed with
the officer of the court with whom the pleadings
are filed ; and the report shall, without an order
confirming the same, become absolute at the expi-
ration of fourteen days after the filing thereof,
unless previously appealed from, but the court or
a judge may, under special circumstances, allow
an appeal after the fourteen days. R. S. 0. 1877,
c. 49, s. 28.
37. The appeal from a report referred to in the
preceding section shall be to a judge in chambers or
to the court ; but when the appeal is taken to the
court, the notice of appeal shall be returnable not
later than the fourth day of the county court sittings
next after the filing of the report. R. S. 0. 1877,
c. 49, s. 29.
TRANSFERRING CASES TO THE HIGH COURT.
38. (1) If it appears to a county court or a
judge thereof that an equitable question raised in
an action or other proceeding in such countj^ court,
cannot be dealt with by the county court so as to
do complete justice between the parties, or may
for any other reason be more conveniently dealt
with in the high court, the court or judge may order
the action or proceeding to be transferred to the
TRANSFER TO HIGH COURT.
79
high court ; and the order of transference may be
made by the court or judge sua sponte, or upon the
application of either party on notice to the other
parties interested, and may be made at any stage
of the action or other proceeding. R. S. 0. 1877,
c. 49, s. 23.
(2) Where an order is made under the preced-
ing sub-section, the proper officer of the county
court shall annex together all pleadings and papers
filed with him, and transmit the same, together
with the order of transference or a copy thereof, lo
such officer of \ii\Q high court as the order directs.
R. S. 0. 1877, c. 49, s. 24.
(3) Where a transfer has been made under this
section the action or other proceeding shall there-
after proceed in the division of the high court to
which it has been transferred; and the judges of
the high court and the officers thereof shall have
the same powers and perform the same duties in
relation thereto, and the rules and practice of the
supreme court shall in all respects (or as nearly as
may be) apply as if the suit had been originally
instituted as an action, or proceeding in the high
court ; but no further or other pleadings shall be
necessary than the original pleadings in the court
from which the action or proceeding was transferred,
unless specially ordered by the court or a judge.
R. S. 0. 1877, c. 49, s. 25.
See also 54 V. c. 14, supra, p. 08, as to transfer of actions.
Siiice 32 V. c. 6, s. 4, the county courts have had common law juris-
diction only ; the Judicature Act did not alter the iurisdiction of those courts,
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but only made applicable to matters cognizable by them the several rules of law
thereby enacted and declared.
An action by a ratepayer of a school section, on behalf of himself and all
other ratepayers, against trustees of the section, seeking to compel the defen-
dants to pay to the treasurer of the section such amount as might be disallowed
upon taxation of a bill of costs paid by the trustees to a solicitor, is one of
imrely equitable jurisdiction, and is not cognizable by a coxnity court, even
though the amount in question is not more than §200.
Tlie teiin "personal actions," used in R. S. O. c. 47, s. 19, means common
law actions.
Tf a county court has no jurisdiction over the plaintiff's cause of action, the
proceedings in respect thereof in that court are all coram non judicc, and the
judge f)f that court has no power over them ; section 38 of R. S. 0. c. 47 applies
only wliere the action in which the equitable question is raised is within the
jurisdiction of the county court.
Prohibition granted to restrain a judge from transfering to the high court
an action brought in a county court for an equitable cause of action. lie
McGugan v. McGugan, 21 O. R. 295.
This decision, although only recently reported, was rein..ered on Slst Dec,
18'J0, before the jiassing of 54 V. c. 14, otherwise an order would no doubt have
been made, as in McKay v. Martin, 21 O. R. 104, supra, p. 69, transferring the
action to the high court.
COSTS OF TRANSFERS AND REFERENCES.
39. Where an action is transferred under
section 38, or a reference is directed under section
34, tlie fees and disbursements shall be paid and
the solicitors' costs taxed according to the scale of
fees applicable in actions, which before the passing
of " The Ontario Judicature Act," 1881, and " The
Law Eeform Act," 1868, might have been brought
under the equity jurisdiction of the county court.
E. S. 0. 1877, c. 49, s. 30.
See notes to Whiddon v. Jackson and re McKay v, Martin, supra, pp. 45
and 69.
APPEAL FROM COUNTY COURTS.
40. The terms "party to a cause," and "appel-
lant," hereinafter used, shall include persons suing
APPEALS.
81
■or being sued in the name of others, though not
mentioned in the record, and persons on whose
behalf or for whose benefit any action is prosecuted
or defended, as well as parties named in the record.
E. S. 0. 1877, c. 48, s. 34.
Under C. S. U. C. c. 15, an appeal lay from the county court to one of tho
iiiiperior courts. These courts refused to entertain an appeal where the
decision turned wholly on the evidence and involved no points of law. Fowler
V. McDonald, :} q. B. 385 ; Bradley v. Crane, 4 q. B. 122 ; Manning v. Ashall,
2;< q. B. 302 ; Clark v. Hurlburt, G C. P. 438 ; Mc Ivinstry v. Furby, 24 Q. B. 17() ;
Harris v. Robinson, 25 Q. B. 247. The following cases were decided under the
old statute :—
Appeals will not be heard unless the grounds are entered on the appea
books when delivered. Eddy v. Ottawa City Passenger Railway Company,
:n q. B. 509.
Anap]»eal will lie upon an interpleader. Feehan v. Bank of Toronto, 10
€. P. 32.
Where defendants moved for a nonsuit on leave reserved, or for a new trial,
and the rule was made absolute for a new trial, on paymer t of costs ; held, that
they might apjxial from this decision as refusing the nonsuit, and need not first
take out the rule absolute^ as granted. Penton v. Grand Trunk Railway Co.,
28 Q. B. 344.
After th(! evidence had been taken, a verdict was entered by consent for
jJaintifF, subject to the opinion of the court upon the whole case, with jjower to
reduce the verdict. Held, that there was no right to appeal. McColl v.
Waddell, 10 C. P. 213.
A county court judge having refused to certify the papers for api)eal,
because the bond was not conditioned to al)lde by the decisitm of the court
above, as the statute requires, this court refused to interfere. In re Keenahan
v. Preston. 21 q. B. 4(il.
The crndition of the bond not being in accordance with the statutes, the
jippeal entered for argpument was struck out of the ijajier. Pentland v. Heath,
24 Q. B. 4«4.
The court will not entertain an appeal from tlie court below upon the q\u's-
tion whether plaintiff or defendant was entitled first to address the jury.
Hastings v. Earnest, 7 Q. B. 520.
Where, in a case of collision, the judge reported that he thought he had not
sufficiently directed the jury as to the rule laid down in Tuff v. Warman, 5
C B. N. S. 573, as to the effect of negligence on the plaintiff's part, and that
lie had therefore granted a new trial, this court on apjjeal refused to interfere.
Somers v. Livingston, 2t Q. B. 64.
Where an action for not repairing the road, in which the venue is local, had
been brought in the county court of a county different from that in which th»
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road was Hitimte, and a verdict for the plaintiff confinned in term, this court
allowed the ajjpeal from sucli judgment, but made no t)r(ler, aa the court below,
having no jurisdiction, could not be ordered to do anything in the case.
Ferguson v. Corporation of Howick, 25 Q. B. 547.
Defendant in the county court obtained a rule nisi to enter a nonsuit, with
Mt'ty of proeet dings ; it was not signed by the clerk, but iiad at the side the
words, '•Rule«/.'.7' granted ; W. Salmon, judge." Plaintiff's attorney, treating
it as no rule, signed j\ulgme!it, but the judge hekl it to be a i)roper rule and
the judgment a nullity, and ordei-ed a ncmsuit. On ap])eal by the plaintiff;
held, that tlu! judgment was irregidar onl}', and should therefore have been
got rid of before any other step could be taken, and on this ground the ajipeal
was allowed, lirown v. Cline, 27 Q. B. 87.
This court will not entertain objections to the hearing of county court
appeals unless such objections appear or should jjroperly appear upon the
l)ri)ceedings certified. Tiiey refused tlierefore to strike out an ajjpeal entered,
for objections to the form and aniount of the bond, and to the sufticiency of the
sureties and the affidavits of justificati(m. Penton v. The Grand Trunk Rail-
way Co., 28 Q. B. 307.
The grounds of appeal must be stated in the appeal books, independently
of the objections set out in the rule nisi below. Severn v. Street Railway Co.;
Corbett y. Taylor, 23 Q. B. 254.
Where exhibits used in the court below are not produced in the appellate
court, the appeal will not be heard, if the attention of the court be called to
the fact. Morse v. Thompson, 19 C. P. !>4.
41. Any party to iiii action in a county court
"lay,
1. Appeal to the court of appeal from a judg-
ment directed by a judge of the county court, at or
after the trial in a case tried by him without a jury,
or in which he directs judgment at or after the trial
upon the special findings of the jury in a case tried
with a jury, or,
2. Instead of appealing to the court of appeal,
either party may, in cases tried by a judge, move
before the county court, within the first two days
of its next quarterly sittings, for a new trial, or to
set aside the judgment on any ground except that
APPKALS.
88
Upon the evidence given, the judgment so directed,
is wrong in law.
3. In cases tried with a jury instead of appeal-
ing to the court of appeal, a similar motion may be
made before the county court for a new trial, or to
set aside the judgment directed to be entered upon
the special findings of the jury upon any ground
except that the judgment so directed to be entered
is wrong in law.
4. Either party may appeal to the court of
appeal from the judgment of the county court,
upon applications, under sub-sections 2 and 3.
5. Where a party is entitled to move before the
county court under sub-sections 2 and 3, he may
move before the said court upon all grounds which
would be open to him if he were appealing to the
court of appeal.
s. 30.
48 V. c. 13, s. 23 (1) ; 50 V. c. 7,
Although the jurisdiction of tlin court of a])peal is not limited in apjieals
from the county court as it is in appeals from the superior courts, under 8. 18,
s-s., 3 of the Ai>peal Act, it will not in ordinary cases interfere where a new
trial has been refused by tiie county court upon a matter of discretion only,
Campbell v. Trince, 5 A. R. 330.
In this case, however, being an action for assault against a i^ublic ofTicer, in
which the jury had found a verdict for 8100, and a new trial asked for on the
groimd that the verdict was against evidence, was refused, the court of apjjeal
granted a new trial, as the evidence strongly preponderated in the defendant's
favour and there was reason to believe the jury had been misled by the charge.
As the judgment was varied in a matter of discretion no costs were given.
Ibid.
The verdict herein was set aside by the county court, and a non-suit
entered upon a ground not taken as a defence at the trial or in the rule nisi.
Held, reversing the judgment, that the learned judge erred in giving effect to
the objection, which, if taken at the trial, would have been met with an amend-
ment. As the evidence sliewed that the plaintiff was entitled to succeed upon
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84
APPEALS.
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the merits, the appeal was allowed, and the rule in the court below diucharged.
Clarke, et al. v. Barron, « A. R. 309.
The court, having^ no power on an appeal from the county court to amend
the record, allowed the appeal on iiayment of costs by the appellant, so far oh
to direct the iwrnie of a rule nisi, iijHm the return of which in the court Im^Idw,
the necessary amendment could be made. Wilson v. Brown, cl al., A. R. 411.
This case had been remitted to the court below, this court being of opinion
that the record should be there amended and a verdict entered for the plaintiff
against the defendant B. alone. Tlie learned judge of tlie county court,
instead of entering sucli a verdict directed a new trial, the parties to apply to
amend their pleadings as tliey might be advised, so that B. might raise any
defence wiiicii he was not obliged to raise in tlie action on the joint liability.
Held, that the direction of the learned judge of the county ctnirt as to the
way in wiiiuli lie thouglit it most just to the defendant B. that the appli-
cation to amend should he made, was an exercise of liis discretion witli whioii
this court would not interfere. S. C. 7 A. R. 181.
In an action of re])levin the defendant, for a second l»lea, avowed for board
due by iilaiiitiff to biin as a boarding-house keeper; and for atliird, avowed for
a lien on the goods of plaintiff under R. S. O. c. 147, s. 2. On tin; trial before
the judge of the county court witiiout a jury, the evidence as to whetlier the
defendant was the keeper of a boarding-house was contradictory, but tlie
learned judge decided in favour of the i)laintiff, holding that the defendant
was not a boarding-house keei)er. On appeal this finding of the county court
judge was affirmed, although, had the matter come before* this court in the
first instance, it wt)uld liave decided otherwise, and under the circumstances,
no costs of the appeal were given to the respondent. Rees v. McKeown, 7
A. R. 521.
Where a case in tiie county court has been tried with a jury, the only
appeal given by R. S. O. c. 47, s. 41, direct to the court of api)eal from tlie
judgment at tlie trial is wlien such judgment is directed to be entered up(jii
special findings of the jury, and it is complained of as being wrong in law upon
such findings. Any other appeal raising an objection to the conduct of the
proceedings at the trial on a motion for a non-suit or the reception or rejection
of evidence on the charge to the jury, must be brought from the decision of the
judge upon a subsequent motion for a new trial. The general language of
s. 42 does not apply when the case is one coming within s. 41. Weaver v.
Sawyer, 16 A. R. 422.
A party may move before tlie judge in court against the verdict or judg-
ment at the trial, either before or during the first two days of the next quarterly
sittings after the trial, and the judge may entertain the motion. Smith v.
Rooney, 12 Q. B. 661, is now inapplicable. Scope of sub-section 6 observed on.
Norton v. McCabe, 12 P. R. 506.
The judge, at the trial in the county court, entered a verdict for the plain-
tiff, instead of directing judgment to be entered, and afterwards refused a rule
niti to set aside such verdict. Rule 405 of the Ontario Judicature Act in effect
forbids the granting of any rule to shew cause where the application is against
APPEALS.
85
the jndpnent of a judjjre who tries a cause without a jury. <^urrrf, an to the
application of this rule to county courts by Rule 490; but, held, (per Patter-
son, J. A.), that the entry of the verdict might be treated as a diniction to
enter judgment, and was a decision from which an apiieal would lie under Rule
510. Williams v. Crow, 10 A. R. 301.
An action in the County Court of Carleton was tried without a jury l>v the
junior judge of that county, who, after consideration, entered a verdict for the
defendant. A court compoxod of the senior and jimior judges of Carleton, and
the judge of the County Court of Prescott and Rtissell, subsequently (sitting in
term, imder the(}ro\Ji>ing Act), assumed to set aside the verdict, and to enter
judgment for the jilaintiff, '(iKucntirnte the junior judge of Carleton. Held,
that the judgment of a court ho c(!nstituted was invalid, and that the verdict
at the trial was not affected thereby. Per Pattc-rson, ,T.A., the verdict at
the trial was a final judguumt of the court, and could not be attacked except
by an ajipeal to this court. Rule 510, Ontario Judicature Act, gives a party
no riglit to move in tht^ county court. Per Osier, J. A., tiie party dissatisfied
with the judgmcmt at the trial may, under Rule .510, Ontario Judicature Act,
move against it l)efore the judge himself ; and an appep' to this court may,
under 45 V. c. (>, s. 4, as proi>erly be brought from the decision on such motion
as from the judgment at the trial. Ferguson v. McMartin, 11 A. R. 731.
Where the county court judge granted a new trial owing to his dissatisfac-
tion with the verdict, the court refused to interfere with his discretiim, as it
did not appear that he was clearly wrong. Hunter v. Vanstone, G A. R. 337.
42. An appeal shall also lie to the conrt of
appeal at the instance of any party to a cause or
matter, from every decision made by a judge of a
county court under any of the powers conferred
upon him by any rules of court or any statute,
unless provision is therein made to the contrary;
and from every decision or order made by the judge
of a county court sitting in chambers under the
provisions of the law relating to the examination
of debtors, attachment of debts and proceedings
against garnishees; and from every decision or
order made in any cause or matter disposing of any
right or claim, provided always that the decision
or order is in its nature Jiiial and not merely inter-
locutory. 45 V. c. (5, s. 4.
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rcliitini,' to tixiuniniition of debtors, attacluiient of clobta and proceoding.s
iiK'i^iuHt garniHiu'fH.
Prior to i'i V. c. (», there oouhi b(« no appeal in garninhoe jiroceedingH :
Hator V. llul)bar(1, (I A. It. 54(5; nor from adecini(>n inacanc! by c) nsent witliout
jileadingH : I larding v. Kno\vlnon, 17 (I. B, 5(i4 ; nor when a verdici; was entered
by consent, siil)ject to tlio opinion of the judge upon the law and facts : McColl
V. ^^^lddell, 1!» C. P. L'l3.
Where a verdict is taken for plaintiff, with h-ave to move to enter a
verdict for defendants, an appeal will lio from the docisi(m on such motion.
Hawortii V. Fletcher, 20 (l li. 278.
Tiu) "rigiit or claim" mentitmed in this section is that which forms the
subject of the action, not the right to take any particular stej) in the course of
the action ; and an order made in chambers in a comity court actiim striking
out a jury notice is not an order finally disposing of a right or claim within
the meaning of tiie section, Imt it is in its nature an intt.'rlocutory order, and
not api)ealable. McI herson v. Wilson, 13 P. R. 33i).
A "final order" is one made on such an a])])lication or pioceeding, that, for
which ever side t!)e decision is given, it will if it stands, finally determine tiie
matter in litigation. Salaman v. Warner, 18!)1, 1 C^. 13. 734 ; following Stand-
ard Discount Cu. v. La Grange. 3 C. 1'. 1). ()7, at \t, 71.
An order for leave to sign judgment under Rule 739, is in its nature, final
and not merely interlocutory, and is tlierefore appealable imdor this section -.
Bank of Minnesota v. Page, 14 A. R. 347.
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43. An appeal may be had from any appealable
decision of a comity court judge, notwithstanding'
judgment has been signed thereon; provided that
the required security be given within the time lim-
ited by the judge under section 46; and in every
case the allowance of the bond by the judge shall
operate as a stay of execution, unless the judge
shall otherwise direct. 45 V. c. 6, s. 5, pari.
Prior to 45 V.|c. 0, the recould be no appeal after judgment was entered :
Murphy v. Northern Ry. Co., 13 C. P. 32 ; Duffil v. Dickinson, 14 C. P. 142 ;
Wood v. G. T. Ry., 16 C. P. 275.
It is erroneously stated in " Holmested & Langton" at page (>87, that "there
appears to be no provision in the rules or statutes, which makes the iierfecting
of security ipso facto a stay of proceedings pending the appeal," in county court
cases ; but the latter portion of the above section expressly provides that it
shall so operate.
APPEALS .
87
44. In any appeal in a case where jud^niont
has been si^'ued, and tlie decision appealed against
is reversed, the conrt of appeal shall have anthority
to set aside the jndgnient, and make any otiier
order as to them shall appear reqnisite and just.
45 V. ('. (), s. 5, part.
fun. Rult'H 1258 and 125i), arciit FdIIowh ; —
1258. Ill actions in the county courts, motions against jud;,'-
ments and for new trials shall be disposed of upon the like
grounds and principles as in the high court. See R. S. 0. 1877,
-c. 60, s. 292.
1259. Every motion against a judgmenj or for a new trial
shall be a two olcar days' notice, and the motion shall be set
•down at least one clear day before the first day of the sittings for
whicli the notice is given unless otherwise ordered. See R. S. 0.
1877, c. 50, s. 29H.
. 45. The judge shall only be required under
section 51 of this Act, in appeals under section 42,
to certify the motions, rules, orders, affidavits,
evidence and other materials, necessary for the full
understanding of the matter in appeal, together
with his judgment or decision on the same. 45 V.
c. 6, s. 6.
It is the duty of a county court judge to certify to the court above on an
■appeal the grounds of liis decision. The statute is not complied with by certify-
ing the decision simply. Hay ward v. Grand Trunk Railway Co., 32 Q. B. 392.
46. Any judge of the county court appealed
from, on the application of the appellant, his counsel
or solicitor, shall stay the proceedings in the cause
for a time or times not exceeding thirty days in all,
in order to afford the party time to give the security
88
APPEALS.
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hereafter required to enable him to appeal. R. S. 0.
1877, c. 43, s. 36; 45 V. c. 6, s. 5.
The time for appealing is apparently not limited, otherwise than by this
section, and the following Con. Rule : —
836. An appeal shall be set down to be heard at the first
sittings of the court for the hearing of arguments which com-
mences after the expiration of 30 days from the decision
complained of. App. 0. 40.
Sunday is not reckoned in the 30 days, where it is the first day : Coojier v.~
Dixon, 3 C. L. T. 198 ; nor where it is the last day : see Rule 476.
47. The appellant shall give or cause to be
given to the opposite party security, either —
1. By a bond executed by two persons, whether
named as sureties or parties interested or otherwise,
in the sum of $200 or such lesser sum as the judge
of the court appealed from may direct, conditioned
that the appellant shall abide by the decision of
the cause by the court of appeal, and pay all sums
of money and costs, as well of the action as of the
appeal, awarded and taxed to the opposite party ; or
2. By paying into the court appealed from, in
the manner provided by law, within the time herein
limited for the perfecting of an appeal bond, the
sum of $100.00, or such lesser sum as the judge
may direct. 53 V. c. 16, s. 1.
This section was substituted for section 47 of the Revised Statute, which
did not limit the amount of the bond or deposit in court, but left it wholly in
the discretion of the judge.
On the 18th of January proceedings were stayed for four days to allow
defendants to give a bond for appeal, which was to be taken for $600. On the
Iftth the bond was filed, the proper penalty being inserted in the obligation,
but in the recital of the judge's order this sum was left blank. The judge
te;,
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APPEALS.
89
pointed out the omiRaion to defendant'H attorney, who inserted the sum,
but the jud(|^e afterwards required him to get the bond re-acknowledged, and
ho procured it from the clerk of the court for that purpose. The plaintiff's
attorney finding it gone gave notice of taxation ; but it was returned before
judgment, which was nevertheless entered, and upheld on the ground that the
bond when first filed was defective, and that it had not been refiled with an
affidavit of execution after being corrected. Tlie judge afterwards refused to
transmit the papers for appeal, and to a mandamm nisi returned the above
facts . Held, that the bond was sufficient when first filed, the omission being
immaterial ; that the sum might have been inserted without re-execution, and
that it was therefore uii: cessary to file any new affidavit. Regina v. Wells,
17 Q. B. 545.
48. In case of security being given by bond,
the parties executing the same shall justify to the
amount of the penalty of the bond by affidavit
annexed thereto, in like manner as bail are required
to justify. R. S. O. 1877, c. 43, s. 38.
The affidavits of justification and execution should both be entitled in the
cause.
^ 49. The bond and affidavit of justification, and
an affidavit of the due execution of the bond, shall
be produced to the judge, to be approved of by him ;
and upon being approved of shall be filed in the
office of the court appealed from, until the opinion
of the court of appeal has been given, and shall
then be delivered to the successful party. R. S.O.
1877, c. 43, s. 39.
When the judge refuses to certify the proceedings on the ground of the
insufficiency of the bond, the question of its sufficiency may be tested by an
application for a mandamus to compel him to certify : Reg. v. Wells, 17 Q. B.
545 ; re Keenahan v. Preston, 21 Q. B. 461 {supra).
When the judge has allowed the bond and certified the proceedings, the
court of appeal will no*- re .se co hear the appeal or entertain an application
to strike it out on objections to the form or amount of the bond, or the suffici-
ency of the sureties, or on the ground that it was not filed in time ; Penton v. G.
T. Ry. 28 Q. B. 367 ; MoLellan v. MoLellan, 2 C. L. J. 297 ; Haworth v.
Fletcher, 20 Q. B. 278.
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50. Ill case security is given by deposit of a
sum of money in court, such sum shall remain in
court as security for the payment of all sums of
money and costs, as well of the action as of the
appeal, awarded and taxed to the opposite party.
E. S. O. 1877, c. 43, s. 40.
The ai)peal bond, conditioned as prescribed by the statute, is security botli
for the coats of appeal and also for the costs below. Waddell v. Robertson,
20 Q. B. 370.
51. Upon the bond being so approved, or the
deposit being paid into court, the judge shall, at
the request of the appellant, certify under his hand
to the court of appeal the pleadings in the cause,
and all motions, rules or orders made, granted or
refused therein, together with the judge's charge
and the judgment or decision on the same, and,
where a trial has been had, the evidence and all
objections and exceptions thereto, and all other
papers in the cause affecting the questions raised
by the appeal. E. S. 0. 1877, c. 43, s. 41.
See section 4o.
Con. Rule 835 is as follows : —
885. For the purpose of avoiding unnecessary expense in
appeals from the county courts — particularly in making copies
of papers — it is ordered that the pleadings, motions, orders, and
other papers certified to the court of appeal under section 51 of
the Act respecting County Courts, shall be the original papers
filed in the county court ; and when the evidence has been taken
by an oftici?! reporter, his transcript of the evidence used, or
prepared for use, in the county court upon the motion which is
the subject of the appeal, shall be the evidence so certified.
(a) The said papers, together with the judge's charge, and
his judgment or decision, and also the evidence when not taken
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APPEALS.
91
by an official reporter, and all objections and exceptions to the
evidence, shall be fastened together and transmitted with the
judge's certificate to the registrar of the court of appeal, who is
to return them to the county court when the appeal is disposed of.
{h) It shall not be necessary to certify or transmit the evidence,
or the objections or exceptions thereto, in any case in which the
appeal is from a judgment or decision upon the pleadings, or
upon an action not founded upon the evidence. App. 0. 39 ".
(" 51 " is misprinted "41 "' in this Rule).
Tlie fullowing (> rules were the rules applicable to appeal books in county
court ajfpeals : —
HB7. An appeal shall be set down for hearing, by delivering
to the registrar of the court of appeal, at least 8 days before the
sittings at which the appeal is to be heard, the certified copy of
the pleadings, proceedings, evidence and other matters required
by section 51 of chapter 47 of the Revised Statutes of Ontario,
and ten appeal books for the use of the judges of the court of
appeal and the officers of the court. App. 0. 41. (" 51 " and
*' 47 " are misprinted " 41 " and " 43 " in this Rule).
838. The books shall be printed on paper of good quality, on
one side of the paper only, in demy quarto-form, with small pica
type, leaded, and every tenth line of each page shall be numbered
in the margin, commencing from the top of each page and not
from the begining of the book, and a statemen of the reasons of
appeal shall form a part thereof. App. 0. 42.
839. A full copy of the pleadings shall not be printed in the
books, unless it be necessary for the proper considuration of the
question raised upon the appeal, e.c. ifr. in questions arismg on
demurrer. In other cases it shall be sufficient to state the
substance of the pleadings, in a brief form, but so as to be
intelligible. App. 0. 43.
840. It shall not be necef?sai'y to print evidence which does not
bear upon the question in appeal, but the books must always
contain the opinion delivered by the judge on any motion against
the verdict or judgment, and his charge in case of a trial by a
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APPEALS.
jury, and his note of judgment in case of a trial by himself.
App. 0. n.
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841. Exhibits used at the trial shall not be printed in the
books, unless their contents are material to the question in
appeal, and then only such parts as ai'e material. App. 0. 45.
842. All formal matters, such as copies of the motion papers,
and rules discharging, or making rules nisi absolute, shall be
omitted, but such reference shall be made to them including the
dates thereof, as may appear necessary for giving a clear and
intelligible statement of the case. App. (). 46.
These riiles are, however, iiioflifit-d aiul partially suiierseded by ')4 V. c. 12,
which enacts as follows :-
1. In no case where an appeal is brought to the court of
appeal from a judgment of a county court, or the judgment,
decision or oixler of a county court judge, shall any party be
required to deliver to the appellate court more than four copies
of the appeal book, and the appeal looks shall not be required to
be printed, but they may be made by type-writing, and they
shall be in words at length, the pages to be numbered consecu-
tively, and every tenth line of each page shall be numbered in
the margin and shall otherwise be, when type-written, as nearly
as may be in the form in which copies of evidence are furnished
by shorthand writers for use in the high court, and the appellant,
if costs be awarded to him, shall, for making all the copies of
appeal books required to be delivered and served, be entitled to a
sum not exceeding the ra',e of one dollar for every eight folios of
one appeal book.
2. It shall not be necessary to provide copies of the exhibits
in county court appeal books.
The appeal case need not be settled, as required by Con. Rule 814 in high
court appeals. The respondent may, however, apply to a judge of the court of
appeal to set it aside, or he may deliver the memorandum referred to in the
following rule : —
848. The appellant shall, at least six days before the sittings
at which the appeal is to be heard, serve the respondent with
0'
APPEALS.
93
the notice of the setting down of the appeal and with a copy of
the [printed] appeal book, and of the grounds and reasons of his
appeal. In case the respondent is of opinion that any necessary
matter has been omitted, he may at any time before the hearing
leave with the registrar a memorandum briefly referring to such
omitted matter. App. 0. 48.
The word "jirinted " may be considered as now struck out of this rule by
Til V. c. 12, mvru, p. 92.
The remaining rules applicable to coimty court ai)i)eals are as follows : —
844. If the foregoing rules are not complied with, the appeal
shall not be heard, unless the court, or a judge, shall, on appli-
cation made upon two clear days notice to the respondent, other-
wise order. App. 0. 60.
845. All books, as well in high court, as county court
appeals, sliall contain the date of the first proceeding in the
suit or matter; and the dates of the filing of the several
pleadings shall be stated at the commencement of the copy
or summary thereof. In the event of non-compliance with
this rule, the books will not be received by the registrar, nor
will the appeal be heard. App. 0. 52.
52. The appeal shall thereupon be set down
for argument at the next sittings of the court of
appeal, or at such other time as that court may by
rulo or order in that behalf provide; and that court
shall give such order or direction to the court below,
touching the judgment to be given in the matter,
as the law requires ; and shall also award costs to
either party in its discretion, which costs shall be
certified to and form part of the judgment of the
court below ; and upon receipt of the order, direc-
tion and certificate, the court below shall proceed
in accordance therewith. R. S. O. 1877, c. 43. s. 42.
When an appeal is not duly prosecuted, it may be dismissed by a judge of
the court of appeal : Piatt v. G. T. Ry., 24 0. L. J. 121.
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RULES.
Ak will be seen by the following Heetion of the Snpreme Court Act, R. S. C.
«;. 135, there is no apijeal to that court from the co>irt of ajjpeal in county
court case.s ; —
24. An appeal shall lie to the supreme court, —
(a) From all final judgments of the highest court of final
resort now or hereafter established in any Province of Canada^
whether such court is a court of appeal or of original jurisdic-
tion, in cases in which the court of original jurisdiction is a
superior court.
RULES OF LAW,
53. The several rules of law enacted and
declared by "The Judicature Act" shall be in force
and receive effect in all county courts in Ontario,
so far as the matters to which such rules relate
shall be respectively cognizable by such courts.
44 V. c. 5, s. 80. "
The "nil«s of law " are contained in sections 52 to 55 inclusive, of the.Indi-
cature Act, but several of them are, of necessity, wholly inapplicable to coiuity
courts.
When the courts of Queen's Bench and Common Pleas are at issue on the
construction of an Act of Parliament, the duty of a county judge is to dt'-i'l'
according to his own views of the law. Mclnnes v. Benedict, 8 L. J. 2",
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RULES OF COURT.
54. The judges of the supreme court and of
the high court respectively, shall have the same
authority to make rules of court with respect to the
county 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
of that Act, shall, with respect to the county courts,
have the like authority. 45 V. c. 11, s. 2.
RULES.
95
Section 105 of the .ludioature Act provides, amongst other things, »»
follows : —
105. (1) The supreme court may at any time, with the con-
currence of a majority of the judges thereof present at any meet-
ing lield for that purpose, alter and annul any rules of court for
the time being in force, anc may make any further or additional
rules of court for carrying i.his Act into effect, and in particular
for all or any of the following matters that is to say : —
{(■) For the hearing of appeals from county courts, or a
judge of a county court, from provisional judicial
district courts or a judge of such court, fiom surro-
gate courts, stipendiary magisti'ates, or division
courts, by any two or more of the judges of the sup-
reme court, instead of the same being heard by the
court of appeal, or a judge thereof, (as the case may
be); and for regulating the selection of the judges of
the supreme court, who shall hear such appeals, and
for regulating all matters relating to the practice on.
such appeals : 44 V. c. 5, s. 54 (1 x-c. 3).
'■I
Section 108 of the Judicature Act is as ffillows : —
108. The Lieutenant-Governor in Council may from time to
time aixthorize the following persons, viz.: the chief justice of
Ontario, the chief justice of the queen's bench, the chancellor,
the chief justice of the common pleas, and any one or more of
the other justices of the supreme court, to make rules of court
under this Act ; every such appointment to continue for such
time as shall be specified by Order in Council, and the judges
so appointed, or any three of them, may make such rules, and
the same shall have the same effect as if made by all the judges
of the supreme court under section 105. 44 V. c. 5, a. 55.
By 52 V. c. 10, s. 12, the iiowcrs ,Tiven by these sections are made appli-
cable to district courts.
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TARIFF'OF COSTS.
TARIFF CF COSTS.
55. The board of county judges appointed
under section 298 of "The Division Courts Act," or
the majority of them, may frame a tariff of costs
to be allowed to solicitors and counsel in respect
of actions in the county courts, and may, from time
to time, alter and amend the same.
(2) The board, or any three of them, shall cer-
tify 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
the judges may approve, disallow or amend such
tariff or alterations ; and such tariff or alterations
approved by the judges shall have the same force
and effect as if made under the said Act by the
judges so approving of the same. 47 V. c. 10, s.ll.
The solicitor's tariff given hereafter is taken from the 2nd column of Tariff
A, referred to in the following Con. Rule : —
1217. The table of costs set forth in the Tariff A. appended
to these rules shall be that according to which all costs in civil
actions in the high court and in the county courts shall be
allowed and taxed, and no other fees, costs or charges than
therein set down shall be allowed in respect of the matters
thereby provided for.
The tariff of disbursements given hereafter is taken from the 2nd column
of Tariff B, referred to in the following rule : —
1219. The fees and disbursements mentioned in the 2nd or
"Lower Scale" column of the tariffs A and B, shall be the
amount taxable in respect of the services or matters there
enumerated in all actions where equitable relief is sought in
any of the following cases : —
SECURITY FOR COSTS.
97
*' (1) By a person entitled to, and seeking, an account of the
dealings and transactions of a partnership dissolved or expired,
the joint stock or capital not having been over §800 ;
"(2) By a legal, or equitable mortgagee, whose mortgage
has been created by some instrument in writing, or a judgment
creditor, or a person entitled to a lien or security for a debt,
seeking foreclosure or sale, or otherwise, to enforce his security,
where the sum claimed as due does not exceed $200 ;
•*(8) By a person entitled to redeem any legal or equitable
mortgage, or any charge or lion, and seeking to redeem the
same, when tlie sum actually remaining due does not exceed
$200 ;
"(4) By any person seeking equitable relief for, or by reason
of any matter whatsoever, where the subject matter involved
does not exceed the sum of $200."
It will be noticed that this Rule does not specifically make the 2nd column of
Tariff B applicable to county courts, but only to those cases in the high court
which were, before the abolition fif the equity jurisdiction of the county courts
by the "Law Reform Act" of 18()8, within tiie jurisdiction of the county courts.
The hea^ling of the tariff itself, however, makes it applicable to county courts.
See infnt as to costs in district courts.
The following Con. Rules, amongst others, relate to security for costs : —
1242. Where it appears, by the writ of summons, notice, or
other proceeding by which an action or matter is instituted, or
by an indorsement thereon, that the plaintiff resides out of
Ontario, the defendant shall be entitled on prsecipe to an order
requiring the plaintiff within four weeks from the service of the-
order to give security in $400 for the defendant's costs of thfr
action, staying all further proceedings in the meantime, and
directing that in default of such security being given, the action
be dismissed with costs against such defendant, unless the court
or judge upon special application for that purpose shall otherwise
order. J. A. Rule 431.
1251. Where an action is brought by a foreign plaintiff liable
to give security for costs, who indorses his writ of summons with
particulars of his claim in such a manner that, upon motion under
G.C.C.A. — 7
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SEARCHES.
Rule 789, an order allowing him to sign judgment might be made,
he may, on being served with an order for security for costs, pay
into court the sum of $50, as a partial compliance with such order,
and thereupon ho shall be at liberty to proceed with a motion for
judgment under Rule 789, but the order for security shall never-
theless, in all other respects, have its full operation and effect.
Though no distinction is made between high court and county court oases
in these rules, the writer understands the practice is to require only one half the
amounts therein mentioned, in county court cases.
The following provisions as to the right to make searches in the offices of
County Courts, are contained in the "Judicature Act":
161. Every person shall hereafter have access to and be
entitled to inspect the several books of the High Court and of
the County Courts, containing records or entries of the writs
issued, judgments entered, and chattel mortgages and bills of
sale filed ; and no person desiring such access or inspection
shall be required, as a condition of 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 regis-
trars 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, 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 respec-
tively. 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.
These fees are not provided for by Tarifif B, above mentioned.
GENERAL SESSIONS ACT.
CHAPTER 48, REVISED STATUTES OP ONTARIO, 1887.
An Act respecting the Courts of General Sessions
of the Peace.
Short Title, s. 1.
Courts, a-s. 2, 8.
Sittings, s-s. 4-8.
Business of the Courts, s-s. 9, 10.
Clerk of the Peace, s. 11.
Tariff of Fees, s. 12.
TTEE 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 General
Sessions Act'' E. S. 0. 1877, c. 44, s. 1.
2. The authority under which Commissions of
the Peace have been issued, and the authority
under which the Courts of General Sessions of the
Peace have been holden and are now held, and all
matters and things done by or by virtue of the same,
shall be, so far as relates to the authority under
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JUUISDtCTION OF HE3.SI0NS.
which such commissions were issued unci such
courts have been holden, good and valid. It. S. 0.
1S77, c. 44, 8. 2.
3. The said courts shall be in the phice and
stead of the county courts of England, as far as
respects any purpose of outlawry, or any proceedings
therein. II. 8. 0. 1877, c. 44 s. 8.
The jurisdiction of the smshiohs is thus liinitotl and defined by R, S. C.
c. 174:—
4. No court of general or quarter sessions or recorder's courts
nor any court but a superior court having criminal jurisdiction,
shall have power to try any treason, or any felony punishable
with death, or any libel. 82-83 V. c. 29, s. 12.
5. Neither the justices of the peace acting in and for any
district, county, division, city or p'ace, nor any judge of the
sessions of the peace, nor the recorder of any city, shall, at any
session of the peace, or at any adjournment thereof, try any
person for any offence under sections twenty-one, twenty-two
and twenty-three of the *' Act respecting Offences against the
Person." 32-83 V. c. 20, s. 48.
6. No court of general or quarter sessions of the peace shall
have power to try any offence under any of the provisions of
sections sixty to seventy-six, both inclusive, of the " Larceny Act."
82-83 V. c. 21, s. 92.
The jurisdiction is further limited and defined by 53 V. o. 18 (Ont.), which
is as follows :—
An Act relating to the -Jurisdiction of Courts of General Ses-
sions of the Peace.
Her ^Ia.jesty, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario, enacts as
follows : —
1. No court of general sessions of the peace, or county
judge's criminal court, no judge of any county court, no junior
SITTINGS OP BE8810NB. <
I
101
or deputy judge thereof, authorized to act as chairman of the
f^eneral sessions of the peace for the county, no judge of any
provisional district, no judge of any district court authorized
respectively to act as chairman of the general aesions of the
peace, nor any court but the higli court of justice or courts of
fissize, nisi prius, oyer and terminer and general gaol delivery,
shall have power to try any treason, any felony punishable
with death, or any homicide, or any libel.
2. The courts of general sessions of the peace, the county
judges criminal courts and police or stipendiary magistrates,
shall have jurisdiction to try any person for any offence under
any of the provisions of sections 28 to 31, both inclusive, of the
Revised Statutes of Canada, chapter 1G5, "An Act respecting
Forgery."
8. Subject to the terms of this Act, the expression " The
Speedy Trials Act," in the Revised Statutes of Ontario, chapter
49, shall hereafter mean '• The Speedy Trials Act " of the Parlia-
me'nt of Canada, passod since, namely, in the 52ud year of Her
Mnjesty's reign and chaptered 47-
4. To prevent misapprehension, it is hereby declared and
enacted tliat the power to appoint and dismiss constables under
the Revised " Act respecting Constables " is vested in the justices
of the peace at the general sessions of the peace or any adjourn-
ment thereof and not in the justices of the peace at any special
sessions mentioned in the said Act.
The sessions also have jurisdiction in appeals from summai-y convictions and
orders made by justiccjs of the i)eace, as jjrovided by R. S. C. c. 178, as. 76,
et seq., as amended by 51 V, c. 45, and 53 V. c. 37, (Dom.). A minute discus-
sion of the provisions of tiiese statutes would be foreign to this work ; and
besides, the subject n'ill be foimd fully treated in Clarke's Magistrate'j
Mariuaj. second edition, page 277, d seq.
oil
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SITTINGS.
4. (1) Except in the County of York, and
subject to the provisions of section 19 of " The
Local Courts Act," the sittings of the courts shall
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CHAIRMAN OF SESSIONS.
be held semi-annually, commencing on the second
Tuesday in the months of June and December
respectively in e^ich year.
(2) In the County of York, the courts shall be
held four times in the year, commencing on the
first Tuesday in the months of December and
March, and on the second Tuesday of the months
of May and September respectively in each year.
E. S. 0. 1877, c. 44, s. 4.
See notes to R. S. O. c. 46, s. 17, and c. 47, s. 13, supra.
5- The court of general sessions of the peace
shall be held in the county town of the county,
but in time of war or other exigency, the Lieutenant-
Governor may, by proclamation, authorize the
holding of the court at some other place in the
county. R. S. 0. 1877, c. 44, s. 5.
6- The judge of the county court of every
county, or, in case of his death or absence, the
judg J, junior or acting judge, or deputy judge shall
preside as chairman at the general sessions of the
peace for the county. E. S. 0. 1877, c. 44, s. 6.
By R. S. O. c. 46, s. 18, supra, the "grouping clauac;; " of that Act are
made applicable to the courts of general sessions in grouped counties, but
these sections have been held to be nlim vires as regards courts of general
sessions, in Gibson v. McDonald, 7 O. R. 401. (See note to chap. 46, sec. 17,
supra. )
7' Where a judge or junior or deputy judge is
present, it shall not be necessary, in order to con-
stitute a court or sittings of the general sessions of
the peace, that an associate or other justice of the
1 KS.,
ORDEUS OF SESSIONS.
103
peace should be present at the court or sittings.
R. S. 0. 1877, c. 44, s. 7.
8. (1) Where, from illness or from other casu-
alty; the judge who is to hold the sittings of the
general sessions of the peace, is unable to hold the
same at the time appointed therefor, the sheriff of
the county, or, in his absence, hia deputy, may
adjourn 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
the court, or until he receives other directions from
the judge or provincial secretary.
(2) The sheriff shall forthwith notify any adjourn-
ment to the provincial secretary, for the informa-
tion of the Lieutenant-Governor. E. S. 0. 1877,
c. 44, s. 8.
9. It shall not be necessary, in opening any
court of general sessions, to read the commission
of the peace, or other commission issued for the
county for which the court is held; but the court
snail have the same powers and authorities, and
proceed in the same manner, as if the commission
had been read. K. S. 0. 1877, c. 44, s. 9.
RESCINDING ORDERS OF COURT.
10. Except where otherwise provided by law,
any order which has been passed or recorded by
any number of justices of the peace in any county,
shall not be rescinded unless at least the same
number is present. E. S. 0. 1877, c. 44, s. 10.
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CLERK OF THE PEACE.
11. (1) No person shall be appointed clerk of
the peace for any county who is not a barrister-at-
law, of at least three years' standing at the bar of
Ontario ; and, except in the County of York, every
clerk of the peace shall be e.c officio county crown
attorney for the county of which he is clerk of the
peace.
(2) Except in the County of York, whenever a
vacancy occurs in the office of the clerk of the
peace for a county, in which the clerk of the peace
was not, previous to such vacancy occurring, also
county crown attorney for the county, the county
crown attorney shall be ex officio clerk of the peace
for the county. E. S. O. 1877, c. 44, s. 11 (1, '2).
(3) Where a person holding the office of county
crown attorney and clerk of the peace desires, from
the condition of his health or from his age, to
resign the oflice of county crown attorney, retain-
ing the office of clerk of the peace, he- may do so
if the Lieutenant-Governor thinks fit to accept his
resignation ; and in such case the county crown
attorney appointed in his place shall, on a vacancy
occurring in the office of the clerk of the peace, be
ex officio clerk of the peace for the county, as in
other cases. 49 V. c. IG, s. 10.
(4) In the County of York, the clerk of the
peace shall not be ex officio county crown attorney
nor the county crown attorney ex officio clerk of
•lARTFF OF SESSIONS.
105
the peace, but the otfices may respectively be held
and enjoyed by different persons. E. S. 0. 1877,
c. 44, s. 11 (3).
12- (!-) The board of county judges appointed
under section 298 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 courts of general sessions of the peace to
witnesses and to the clerk of the peace, and to
solicitors and counsel practising therein, including
the county attorney, and may from time to time
alter and amend the same.
(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 bad been enacted by the Legis-
lature of this Province. 48 Y. c. 13, s. 25 (1, 8, 4).
R. S. O. c. 83, s. 13, provides as follows : —
18. Where any sittings of the higli coui't, county court, or
general sessions of tlie peace is continued after eight o'clock in
the evening, an additional allowance, not exceeding one day's
pay, may, upon the certificate of the presiding judge, be made
to any officer in attendance upon such court who is paid for
services by a per diem allowance. 48 V. c. 13, s. 82.
I'or tariffs of fees under section 12, see schedule to R. S. O. c. 83, an
E wart's Manual of Costs, pp. 102-07.
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COUNTY JUDGES CRIMINAL COURTS' ACT.
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CHAPTER 49, REVISED STATUTES OF ONTARIO, 1887.
An Act respectiiif^- the County Judges Criminal
Courts.
TTER MAJESTY, by and with the advice and
consent of the Legislative Assembly of the
Province of Ontario, enacts as follows : —
1. The judge of every county court, or the
junior or deputy judge thereof, authorised to act
as chairman of the general sessions of the peace
for any county, is constituted a court of record for
the trial, out of sessions and without a jury, of any
persons committed to goal on a charge of being
guilty of any offence for which such person may be
tried at a court of general sessions of the peace, and
for which the person so committed consents to be
tried out of sessions, and without a jury; and the
court so constituted shall have the powers and
duties which "The Speedy Trials Act," purports
to give, so far as the Legislature of this Province
can give the same. R. S. 0. 1877, c. 45, s. 1.
COUNTY JUDGES CRIMINAL COURT.
107
2. The court constituted by the preceding
section shall be called "The County Judge's Crim-
inal Court " of the county in which the same is held.
R. S. 0. 1877, c. 45, s. 2.
This Act is extended to provisional judicial districts by R. S. O. c. 91, s. 53,
iti/ra.
A«. to offences which may be tried at the sessions, see notes to R. S. O.
c. 48, s. 3, supra.
As to the practice of this court, see 52 V. c. 47 (Dom.), as amended by
53 V. c. 47, ss. 29 and 30.
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UNORGANIZED TERRITORY ACT.
CHAPTER !)1, REVISED STATUTES OF ONTARIO, 1«S7.
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An Act respecting the Administration of Justice
in the Districts of Tiiunder Bay, Eaiiiy
River, Mnskoka, Parry Sound, and Nipissing.
Short Title, s. 1.
Temporary Judicial Districts:
Organization, s. 2.
Stipendiary Magistrates, ss.
B-7.
Justice of the Peace, ss. 8, 9.
Returns of Convictions, s. 10.
Appeals from Magistrates, s.
11.
Appointment of gaol keepers,
s. 12.
Application of Fines, s. 13.
Accounts, Returns, etc., by
Stipend, Magistrates, s. 14.
Oaols and Lock-ups, ss. 15-
17,81.
Division Courts, ss. 18-84.
Registration of Deeds, ss.
85-88.
Districts united to Simcoe &
Thunder Bay for certain
Judicial purposes, s. 39.
Execution of Writs, s. 40.
Special provisions as to
Nipissing, s. 41, 42.
Special provisions as to
Rainy River, s. 43.
Provisional Judicial Districts :
Organization, ss. 44, 45.
Administration of Justice,
ss. 46-55.
Jurisdiction of District
Courts, ss. 60-58.
Sittings, S3. 69-72.
Time for Appearance, s. 60.
Costs, s. 61.
Sheriff of Thunder Bay, s. 62.
Service of Papers by Sheriff,
s. 68.
Time for sale of lands under
execution, s. 63 (3).
Jurors and Jury Panels, ss.
64-66.
Sittings of High Court, s. 66.
Deputy Clerk, as. 67-09.
Venue in actions arising in
Rainy River, s. 68.
Surrogate Courts, s. 69, 70.
Appointment of Sheriff of
Rainy River, s. 71.
Courts in Districts and Provi-
sional Counties, ss. 73-77.
Constables in Districts and
Provisional Counties, ss.
78, 79.
Alteration of Limits, s. 80.
Gaols to be provided, s. 81.
Trespasses by Animals, s. 82.
PROVISIONAL JUDICIAL DISTRICTS.
10»
T.
TTEE 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 Unorganized
Territory Act.''
The portions of the Act inapplicable to the subject, are omitted.
The provisional judical districts are Algoma, Thunder Bay and Muskoka
and Parry Sound. Tiie District of Rainy River is annexed to Thunder Bay
for judicial puriwses. The Woodmen's Lic^n Act, 54 V. e. 22, is in force only
in the Districts of Algoma, Thunder Bay and Rainy River.
PROVISIONAL JUDICIAL DISTRICTS.
44. The Lieutenant-Governor may from time
to time, by proclamation under the Great Seal,
declare that, from and after a day to be therein
named, either of the Districts of Muskoka or Parry
Sound with or without any other territory and any
other part or parts of the unorganized tracts of
country in this Province bordering upon and adja-
cent to Lakes Superior and Huron, including the
islands in those Lakes within this Province, and
also any other part of Ontario not included within
the limits of any county or township, shall form a
provisional judicial district or districts, and define
the limits of such district or districts; and such
provisional judicial district or districts shall there-
upon be formed accordingly. R. S. O. 1877, c. 7,
s. 28 ; c. 90, s. 29.
52. There shall be a district judge appointed
in every provisional judicial district, and such judge
shall be a barrister of not less than five years stand-
ill.
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DISTRICT JUDGES.
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ing at the Bar of Ontario; and such judge shall
have the aame powers, duties and emoluments as
a county judge, and he shall hold his office during
good behaviour, and shall reside within the limits
of his provisional judicial district, and shall not,
directly or indirectly, practice or carry on or con-
duct any business in the profession or practice of
the law while holding his office as judge, on pain of
forfeiting the same, and under penalty of ^400.
K. S. 0. 1877, c. 90, s. 33 ; 50 V. c. 8, Sched.
53. (1) The Act respecting the '* County
Judges' Criminal Courts," shall extend to the
judges of the district courts of the districts of
Algoma and Thunder Bay, and to the judge of
every provisional judicial district hereafter estab-
lished; and the laws now in force or which may be
hereafter passed with respect to courts of general
sessions of the peace in counties, and the powers
of the justices thereat, or with respect to county
and division courts, or the power, authority or
jurisdiction of the judges of such courts, whether
sitting in or out of court, and to the appointment
and duties of the local crown attorneys, clerks of
the peace, sheriffs, coroners, clerks, constables
and all other officers attached to such courts or
employed in the administration of justice in con-
nection therewith, shall, unless it is otherwise
provided, or unless there is something in the con-
text indicating a different intention, apply to each
of the said provisional judicial districts, and to
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DISTRICT JUDGES.
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every provisional judicial district hereafter estab-
lished, li. S. 0. 1877, c. 90, 8. 34 ; 47 V. c. 14, s. 9.
(2) Such courts shall be held in each such new
provisional judicial district at the place which the
Lieutenant-Governor in Council by proclamation
from time to time appoints, and the word '* dis-
trict " shall be substituted for the word " county "
in the titles of such courts and officers, as well as
in the interpretation of such laws, in their applica-
tion to such provisional judicial districts. R. S. 0.
1877, c. 90, s. 34.
54. 0-) The district and surrogate courts
established for the provisional judicial districts of
Algoma and Thunder Bay are hereby continued.
(2) The district courts respectively are to be
presided over by a judge to be appointed in accord-
ance with the provisions of the "British North
x\merica Act, 1867," and the district judges shall
be the judges of the surrogate courts. 47 V. c. 14.
s. 2.
As to appointment of county and district j\idge.s, see R. S. O. c. 46, ss. 2
and 3, and sections 9(J and )>7 of the B. N. A. Act, siipni.
As to district courts in Parry Sound and Muskoka, see 51 V. c. 13 ;
52 V. c. 17 ; and 53 V. c. 2(5.
53 V. c. 25 is as follows : —
An Act to provide for the appointment of Junior
and Deputy Judges in Provisional Judicial
Districts.
TTER MAJESTY, by and with the advice and
consent of the Legislative Assembly of the
Province of Ontario, enacts as follows: —
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112
JUmSDICTION OF DISTRICT COURTS.
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1. A junior judge may be appointed for the
provisional judicial district of Algonia.
2. Where the population of any other territory
now or hereafter forming a provisional judicial
district exceeds forty thousand, as shewn by an
official census, a junior judge may be appointed
for such district.
3. The 52nd section of "The Unorganized
Territory Act" and the provisions of "The Local
Courts Act" with respect to junior judges shall
apply to such junior judges as mentioned in the
preceding sections.
4. The powers and authorities exercisable by
the senior judge of a provisional judicial district
to which a junior judge is appointed, shall be
possessed by and may be executed by the junior
judge, subject to the general regulation and super-
vision of the junior judge.
The provisions of "The Local Courts Act" with
respect to deputy judges shall apply to provisional
judicial districts in the same manner as to deputy
judges of counties
JURISDICTION.
56. (1) Subject to the exceptions in section 58
contained, the district courts of Algoma and Thun-
der Bay shall, in addition to the jurisdiction pos-
sessed by county courts, each have jurisdiction and
hold plea subject to appeal :
JURISDICTION OF DISTRICT COURTS.
113
{a) In all actions relating to debt, covenant and
contract
Provided always, where the case is beyond the
jurisdiction of county courts, that the
contract was made within the district,
or the cause of action arose therein, or
the defendant resides therein;
(b) In replevin, where the value of the goods
or other property or effects distrained,
taken or detained, does not exceed the
sum of $400, and the goods, property,
or effects to be replevied, are in the said
district ;
(c) In all other personal actions where the
amount claimed does not exceed $400;
(d) For the recovery of land situate in the dis-
trict.
(2) After a trial, in an action for the recovery
of land, or in replevin where the value of the goods
claimed exceeds $200, or in any other case where
the cause of action is beyond the jurisdiction pos-
sessed by county courts, and a verdict or judgment
exceeding $200 is obtained, any party entitled to
move to set aside or vary the verdict or judgment,
or to enter a non-suit, may, if he so desires, instead
of moving in the district court and without mov-
ing the cause into the high court by certiorari or
otherwise, move in the high court for such rule or
order as he claims to be entitled to. The motion
G.C.O.A. — 8
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114
JURISDICTION OF DISTRICT COURTS.
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shall be made in the same manner, and subject to
the like limitations as to time and otherwise, as
the motion would have been subject to if the action
had been in the high court and had been tried at a
sittings thereof, and the judgment or order of the
high court shall be acted upon as if it were a judg-
ment or order of the said district court. The high
court shall have jurisdiction to make any order, or
give any judgment which could be made or given
in the cause by the district court.
(3) Where a party is entitled and desires to
move under the next preceding sub-section, he
shall notify the clerk of the district court in writing
to transmit the record or certified copy of pleadings
and any exhibits filed at the trial to the registrar
at Toronto of the division of the high court in
which he intends to move, and subject to any
general rules, the subsequent practice shall be
the same as in case of a trial in the high court.
47 V. c. 14, s. 4.
There is also an appaal to the court of appeal, under the County Courts Act
from the judgement of a district court, in addition to the optional right to move
against the verdict in the high court. Bank of Minnesota v. Page, 14 A.B. 347.
As to jurisdiction of county courts, see R. S. O. o. 47. ss. 18-22, tupra.
57. (1) The district courts of the districts of
Algoma and Thunder Bay, shall have the same
jurisdiction as the high court with respect to
injunctions restraining the committing of waste or
trespass on property, by unlawfully cutting, de-
stroying or removing trees or timber and with
respect to iuoideutal relief, and the practice in
JURISDICTION OF DISTRICT COURTS.
115
the exercise of such jurisdiction shall be the same,
as nearly as may be, as the practice of the high
court.
(2) The high court or a judge thereof, on the
application of any party to the proceeding made on
on notice, may order that the whole proceeding be
transferred to the high court, or to any division
thereof; and in that case all papers filed in the
district court shall be transmitted by the clerk, or
other proper oiiicer of the district court to the high
court ; and the action shall thenceforth be contin-
ued and prosecuted in the high court, as if it had
been originally connnenced therein.
(3) The order may be made on such terms as
to payment of costs, giving security and other-
wise, as the court or judge thinks fit.
(4) No such case shall be transferred unless
the value of the subject matter or the damage to
either party appears to amount to upwards of
$1,000, nor unless the case appears to the court
or judge fit to be tried in the high court. 50 V.
c. 12, ss. 1-3.
in
58. The said district courts shall not have
jurisdiction in any of the following oases : —
1. Acoions for a gambling debt ; or upon a note
of hand or other document given wholly or partly
in consideration of a gambling debt ;
2. Actions for malicious prosecution, libel, slan-
der, criminal conversation, seduction, or breach of
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SITTINGS — APPEARANCE.
promise of marriage, if the damages sought to be
recovered exceed $200.
3. Actions against a justice of the peace for
anything done by him in the execution of his
office, if the damages claimed exceed f 100. 47 V.
c. 14, s. 5.
As to exceptions to jurisdiction of county courts, see R. S. 0. c. 47, 8. 18,
The jurisdiction conferred on the District Courts is not subject to the
exceptions to the general jurisdiction of the County Courts mentioned in
R. S. O. c. 47, 8. 18, and therefore, the District Court has power to try actions
in which the title to land comes in question. MoQuaid v. Cooper, et al., 11
O. R. 213.
SITTINGS.
59. The sittings at the district towns of the
district courts of Algoma and Tliunder Bay, for
trials and assessments by jury, and of the general
sessions of the said districts, shall be held on the
second Tuesday of the months of June and Novem-
ber of each year. 47 V. c. 10, s. 8 ; c. 14, ss. 6
and 18.
As to times of sittings of county courts and general sessions in counties, see
R. S, O. c. 47, 8. 13, and c. 48, s. 4, supra.
APPEARANCE.
60. (1) The time allowed for appearance to a
writ of summons issued in either of the said dis-
tricts, whether out of the high court of justice or
the district court, for service within Ontario, or to
a writ of capias or replevin issued as aforesaid,
shall be 20 days after ihe service of the writ, inclu-
sive of the day of service.
APPEARANCE IN DISTRICT COURTS.
117
(2) The time allowed in any writ of capias
issued as aforesaid, for putting in special bail,
shall be 30 days, inclusive of the day of execution,
unless a different time is fixed by the order for the
writ.
(3) The time allowed for appearance to any
writ in an action for the recovery of land issued as
aforesaid, shall be 30 days, inclusive of the day of
service.
(4) Where any of the said writs is served or
executed between the 1st day of November and the
30th day of June, or on either of the said days, a
defendant shall be entitled to an additional period
of ten days for appearing to the writ or putting in
special bail.
(5) The time allowed for appearance to any
such writ, issued in any part of Ontario out of the
high court or out of any county court, served
withui Algoma or Thunder Bay, and for putting in
special bail to any writ of capias executed within
either of the said districts, shall be the same as is
hereinbefore provided in the case of a like writ
issued therein. 47 V. c. 14, s. 7.
Con. Rule 275 provides as follows : —
275. When a deleudant is served within Ontario, and not in
Algoma or Thunder Bay, he shall appear within ten days,
including the day of service.
(rt) If served within Algoma or Thunder Bay, he is to have
thirty days in an action for the recovery of land, and twenty
days in other actions, after the service, except where he is served
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COSTS IN DISTRICT COURTS.
between the first day of November and the 30th day of June or
on either of said days, in which case he shall have an additional
period often days. 47 V. c. 14, s. 7.
COSTS.
61. (1) Where the amount claimed in any
action in the said district courts, or where in the
case of an action for the recovery of land or in
replevin, the subject matter of the action, as
appearing in the writ in the action or in the affi-
davit filed to obtain the writ in replevin, is beyond
the jurisdiction of the county courts in other parts
of Ontario, costs to a successful defendant shall be
taxed according to the high court tariff*.
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(2) In like manner where the plaintiff recovers
in respect to a cause of action beyond the jurisdic-
tion of the county courts, costs shall be taxed to
him according to the high court tariff, subject how-
ever to his ';^btaining the certificate or order of the
judge where in a like case such certificate or order
is required in the high court.
(3) In respect to any action within the pro-
visions of the first part of this section the solicitor
of an unsuccessful plaintiff shall be entitled to
charge his client county court costs only, unless
he was instructed in writing by such client to sue
in respect to a matter beyond the jurisdiction of
the said county courts, in which case the said
solicitor shall be entitled to charge costs according
SHERIFFS IN DISTRICTS.
119
to the high court tariff. 43 V. c. 12, s. 11 (1-3) ;
47 V. c. 14, s. 9.
As to jurisdiction of county oourts, see R. S. O. c. 47, sa. 18-22, lupra.
SHERIFFS.
62. (1) The Lieutenant-Governor may appoint
a sheriff of the said District of Thunder Bay, who
shall keep an office at the Town of Port Arthur in
the said district.
(2) All writs and other process requiring to be
directed to a sheriff and intended to be executed
within that portion of the said District of Thunder
Bay which is not included within the District of
Rainy River, shall be directed to the sheriff of
Thunder Bay.
(3) The " Act respecting the Ottice of Sheriff "
shall apply to the said sheriff of Thunder Bay and
Rainy River, except that it shall not be necessary
for the sheriff to justify in a sum greater than
$2,000 over and above his just debts, nor shall it
be requisite that such sheriff shall be possessed of
real estate to the said amount. 43 Y. c. 12, s. 12 (5) ;
48 V. c. 20, s. 6 (4).
63. (1) The sheriff of Algoma, Thunder Bay,
or Rainy River shall not be required to execute or
serve any writ, paper or proceeding for any party
other than the Crown, until an amount reasonably
sufficient to cover his mileage in travelling for the
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120
JURORS IN DISTRICTS.
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purpose of executing or serving the writ, paper, or
proceedings is paid or tendered to him, unless the
distance to be travelled for the purpose of such
execution or service is less than ten miles.
(2) Where the distance is less than ten miles
such sheriff shall not be required to execute or
serve such writ, paper, or proceeding without such
reasonable sum as aforesaid being paid or tendered
him if he has previously notified the solicitor, or
party whose name is endorsed on such writ, paper,
or proceeding, or by whom such service is required,
that prepayment of mileage will be required before
execution or service of any writ, paper or proceed-
ing which such solicitor or party may desire to
have served.
(3) No sheriff, deputy sheriff, or other officer
shall sell or expose for sale under execution, any
lands or tenements in the Districts of Algoma,
Thunder Bay or Eainy Eiver, except during the
months of July, August, September, or October.
43 V. c. 12, s. 12 (6-8 ;) 48 V. c. 20, s. 6 (4).
JURORS.
64. (1) It shall not be necessary to issue pre-
cepts for the return of panels of grand or petit
jurors for any sittings of the district court of the
Districts of Algoma or Thunder Bay, or of the
general sessions of the peace for the said districts,
if it appears to the judge of the said district court
JURORS IN DISTRICTS.
121
that at such sittings there will be no business to
be brought before such jurors. R. S. 0. 1877, c. 90,
8. 40; 47 V. c. 14, s. 9.
(2) Where there appears to be need that pre-
cepts should issue for the return of panels of jurors
aforesaid, it shall be the duty of the clerk of the
peace of the district, and the clerk of the district
court, to inform the said judge thereof, in order
that precepts may be issued for the return of jurors
at the ensuing sittings of the court. E. S. 0. 1877,
c. 90, s. 41; 47 V. c. 14, s. 9.
(3) In case jurors are required for either of the
said courts the necessary precepts shall be issued
for both of the said courts. R. S. 0. 1877, c. 90,
s. 42 ; 47 V. c. 14, s. 9.
65. If the business to be brought before jurors
arises so shortly before the sittings, that the jurors
cannot reasonably be summoned in sufficient time
to attend on the day appointed for the commence-
ment of the sittings, the said judge may order that
the jurors be summoned for a subsequent day, and
the said court shall, in such case commence its
sittings upon the day by law appointed therefor,
and shall dispose of such business as may be dis-
posed of without a jury, and shall be thereafter
adjourned to the day for which the jurors are sum-
moned as aforesaid. The judge may make the
order hereinbefore authorized, on the day upon
which the sittings of the said court commence, or
122
DEPUTY CLERKS.
upon any earlier day. K. S. 0. 1877, c. 90, s. 43;
47 V. 0. 14, s. 9.
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DEPUTY CLERKS.
67. (1) The Lieutenant-Governor may, from
time to tin ^ a^^.int, under the great seal, an
officer for the di^^fcrict court of the Provisional
Judicial District of Thunder Bay, to be called the
deputy clerk for Rainy River, who shall hold office
during pleasure, and shall keep his office at Rat
Portage.
(2) In case after an appointment has been made
a vacancy occurs in such office, the clerk of the
division court at Rat Portage shall, ex-officio, be
deputy clerk until another appointment is made.
(3) The said deputy clerk shall issue writs for
the commencement of actions in the district court,
and shall, in respect of actions so commenced and
of proceedings therein, perform the like duties and
have the like powers and rights as are performed or
possessed by the clerk of the district court at
Port Arthur in respect of actions commenced by
writs issued out of his office, and of proceedings
therein; and the said deputy clerk shall also issue
such writs and process as may be required in such
actions as may in like cases be issued by the said
clerk of the district court, and may renew any such
writs as by law may be renewed.
SHERIFF OF RAINY RIVER.
123
(4) No writ of capias issued under the next
preceding sub-section shall be executed outside of
the District of Kainy River; and every writ of
capias so issued shall be marked by the clerk as
follows: " Only to be executed within the District
of Rainy River," but this shall not prevent a copy
of such writ of capias being served at any place
within Ontario.
(5) The deputy clerk of the said district court
shall have the custodv of a seal similar in design
to the seal of the court in the custody of the clerk
at Port Arthur, and the said deputy clerk shall
seal with the said seal all writs, process and pro-
ceedings requiring the seal of the said court ; and
every writ, process or proceeding sealed with such
seal shall be held to be duly sealed with the seal of
the said court. 48 V. c. 20, s. 2.
68. In actions arising in the District of Rainy
River in which the venue is local, the writ shall be
issued out of the office of the deputy clerk, and Rat
Portage shall be named as the place of trial in the
same manner as if the said district was a separate
county ; but the judge may, if he sees fit, change
the place of trial in any action. 48 V. o. 20, s. 3.
71. (1) The Lieutenant-Governor may appoint
a sheriff of the said District of Rainy River, who
shall keep his office at Rat Portage.
(2) All writs and other process requiring to be
directed to a sheriff and intended to be executed
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ADDITIONAL SITTINGS.
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within the said District of Eainy River shall be
directed to the said sheriff. 48 V. c. 20, s. 6, (1, 2).
72. (1) Besides the sittings at the district
town, the district court of Thunder Bay shall hold
sittings on the first Tuesday of the month of June
and the fourth Tuesday of the month of November
of each year, at Eat Portage, for trials and assess-
ments by jury and sittings of the general sessions
of the peace of Thunder Bay shall be held on the
same day.
(2) The said general sessions of the peace shall be
for the trial of causes within the jurisdiction of the
general sessions where the offence to be tried was
committed within the District of Rainy River, and
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. 48 V. c. 20, s. 9.
COURTS IN DISTRICTS AND PROVISIONAL COUNTIES.
73. (1) The judge of any county or district
court to whose jurisdiction any district or pro-
visional county belongs, may appoint additional
sittings of the county or district court and of the
court of the general sessions of the peace, or of
either of such courts, to be held at such place or
places within such district or provisional county as
he thinks fit.
(2) Such sittings of the county court shall be
for the trial of causes, where the contract was
made within the district or provisional county; or
ADDITIONAL SITTINGS.
125
if the action is not upon contract, then where the
cause of action arose within the district or pro-
visional 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 pro-
visional county. R. S. 0. 1877, c. 90, s. 52.
74. Sittings in any of the said courts shall
also be held at such times and places as the Lieu-
tenant-Governor in Council may appoint. R. S. O.
1877, c. 90, s. 53.
75. (1) In case the Lieutenant-Governor directs
sittings of the court of general sessions of the
peace of any county or district to be held at regu-
lar periods at some place within a district or pro-
visional 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 conven-
iently tried within that portion of the county or
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126
HIGH COURT ACTIONS.
district outside of such district or provisional
county, such offender may be so tried. R. S. 0.
1877, c. 90, s. 54.
76. The high court or a judge thereof may
direct that any action for the recovery of lands
lying in the provisional judicial district, territorial
district, or provisional county in which any sit-
tings of a county or district court are to be held,
or any other action pending in the high court,
shall be tried at such sittings ; or may order that
the witnesses shall be examined and the facts
ascertained at such sittings and the questions of
law arising thereon reserved for the opinion of 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. 0.
1877, c. 90, s. 55 (1).
As to trials of high court cases in county courts, see section 49 of the Judica-
ture Act, and Con. Rule, 090 etstq., svpra.
77. When such sittings are held in a provi-
sional 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 by selecting, bal-
loting or returning jurors for " The Jurors' Act."
R. S. 0. c. 90, s. 56.
See R. S. O. c. 6, as to ProTiaional County of Haliburton,
1?-A.ISIE^F -^.
TABLE OF COSTS IN THE COUNTY COURTS.
(Referred to in Rule VJ17, supra p. 96.)
General allowance for Plaintiffs and Defendants, aa well between
Solicitor and Client as between Party and Party : —
1. Instructions to sue in undefonded cases !^ 00
2. In defended cases 3 00
'.i. Instructions to defend "^00
4. Instructions for iietition wliere no writ of summons issued 1 00
6.
7.
8.
9
10.
Writs.
All writs, except writs of execution, subpoenas, and concurrent
and renewed writs 1 00
Concurrent writ 7o
Renewed writs (except writs of execution) 75
All writs if over four folios, for every folio 20
Subpoena ad testificandum 50
Subpoena duces tecum ^ ^^
11. All subpoenas if over four folios, additional per folio 15
12. Notice of writ for service in lieu of writ out of jurisdiction and
copy • • • ® 75
13. (Alias, and subsequent, writs, to be allowed as originals.)
14. Special indorsement of writ of summons 75
15. Suing out any writ of execution "* 00
Renewal of any writ of execution 2 50
(In both oases, including placing the same in the Sheriff's hands,
all attendances, indorsements and letters in connection there-
with).
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SOLICITOR S TARIFF.
Copy and Service of Writs ok Summons, and Other Pkoobbs.
10. For copy, includinpr copy of notices required to be indorsed, each
If over four folios, for every additional folio
17. Service of each copy of writ, if not done l)y the Sheriff or an
officer employed by him, when taxable to solicitor on Sherifl "s
default
18. If served at a distance of over two miles from the nearest place
of business, or office of the solicitor serving same, for each mile
beyond sucli two miles
*0 76
10
50
19. For service of writ out of jurisdiction
A
10
rSuoh al-
lowance
as the
Taxing
Officer
or C. C.
Judge
shall
think fit.
Instructions after Commbncxmsnt of Action.
20. To counsel in special matters $0 60
21. To counsel in conmion matters 25
22. For special affidavits when allowed by the county court clerk 50
23. For special affidavit on production when allowed by the taxing
officer 1 ()0
24. For pleadings in acticm 1 OO
25. For counter-claim, when such claim could not prior to the Ont.
Jud. Act. 1881, have formed the subject of a set-off 1 OO
26. For reply to such counter-claims 1 OO
27. To amend any pleading when the amendment is proper 1 OO
28. For confession of defence under rule 440 1 OO
29. For special case in course of action 1 00
30. For special case when no writ issued, or pleadings had, and no
instructions to sue allowed 2 OO
31. To add parties by order of court or judge 1 00
32. For brief 50
33. For every suggestioj 1 OO
34. For adding parties in consequence of marriage, death, assign-
ment, etc 50
35. For issue of fact, by consent, or judge's order 1 00
36. To defend added parties after suggestion of death of original
party, or on revivor 1 00
37. For confession of action in ejectment as to the whole, or in part . 50
38. To strike or reduce special jury 1 OO
39. For such other im^. /rtant step or proceeding in the suit as the
taxing officer is satisfied warrants such a charge 1 OO
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B0LICIT0R8 TARIFF.
129
OlUWINtl Pl.KAI)lNOH, KTO.
40. Statcint'iit of claim HI 00
41. Tf above ten folioH, for every folio aln^ve ten, in addition 15
42. Htateuient of defence, if Kve folion or inider 1 00
43. Tf above five folinn, for every folio in addition 20
44. Htatenient of defence and counter-claim, up to fifteen folios I BO
45. For every folio over fifteen 15
4(>. Reply and other pleadiiiK^ for >>r on behalf of plaintiff or defen-
dant 1 00
47. If above ten foliou, for every folio in addit ! mi 15
48. Demurnir 1 00
40. Petition, per folio 15
50. Ihhiu' for trial of faotH by agreement or order, for every folio 20
52. Special ca.se, per folio 20
53. Drawing interrogatories, or answi is fur any i)urpoMeH re<iuired by
law, i)er folio 20
54. Drawing reasons for »)r against appeal, i)er folio 20
55. (The above cliarges do not include engrossing, or copies to file or
serve)
50. Taking cognovit and entering judgment tlierettn; when there has
been no previous proceeding, and the true debt does not exceed
1200 8 00
57. For same services when the true debt exceeds .¥200 10 00
68. Drawing and etigrossing (iognovit, and attending execution, when
there have b«!en previous proceedings 1 00
Copies.
59. Of pleadings, brief and other documents, when no other provision
is made, and cojnes jiroperly allowalile 10
60. Certified copy of pleadings, or issue, for us< of judge s 75
61. For every folio above 15, per folio 10
62. Of special and common »)rders of co\n't or a judge 50
63. Of special order of court above three folios, per folio 10
64.
65.
66.
67.
NOTICKS, INCLUUINU OnE CoPY.
Of api)earance, when duly entered and notice given on the day of
appearance, but not otherwise 25
To Sheriff, to discharge prisoner out of custody 50
Notice, in action for recovery of land, to defend for part of
premises ; not to be allowed when defence limited by appear-
ance 50
If above three folios, j)er folio in addition 15
Notice of claimant's or defendant's title in action for recovery of
land, same fees
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68,
6!).
70.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
86.
86.
87.
88.
89.
SOLICITOUS TARIFF.
N()TrcE.s, Inclldino One Copy— ('uHliin'.ed.
Notice of entry of appeanincH in action for recovery of land by a
party not named in writ $0 25
Dcmanrl of j)articular.s 50
Particulars of claim, (lemand, set-off, or counter claim, five folios
or under 75
If exceeding five folios, i)er folio in addition 15
Of discontinuance and one co))y 40
For every additional copy, per folio 10
Of disputing amount of claim 25
Of confession of acticjn in .wjtion for recovery of land as to whole
or part 40
Notice in lieu of statement of claim, and one coi>y 25
For every additional copy, per folio 10
Of trial or assessment and one cojiy 25
For every additiouid copy, per folio , 10
Demand of residence of plaintiff 25
Demand of names of partners 25
All common notices not above specified 25
Notice to admit, and produce, if not exceeding two folios, and one
copy 25
For every additional copy, jter folio 10
For eacli nece.isary folio above two 20
Notice of setting down on motion for judgment, or on further
directions and (me copy 25
For every additional copy, per folio 10
Notice of motion in Court, or Cliambers, engrossing and copy to
serve, per folio 15
For every additional copy, i)er folio 10
Notice of taxation, or appointment to tax, and one copy 25
For every additional copy, per folio 10
For i)'-eparing, and filling u]) for service, in any cause ()r matter,
each notice to creditors to prove claims, and each notice that
cheque may be received, specifying the amounts to be receivtKl
for principal and interest, and costs, if any— including mailing. 25
Notice of filing affidavits, when required, and one copy (only ont!
notice to be allowed for a set of affidavits filed, or wliich ought
to be filed togetiier) 25
For every iulditional copy, jier folio 10
Notice by Defendant to third party, under Rule 329 50
Perusals.
Of each of the pleadings as defined by the Judicature Act 60
Of siHxsial case by the solicitor of any party, except the one by
whom it is prepared, when the case is submitted in the course
of the cause 1 00
40
25
10
25
10
25
25
25
25
10
20
25
10
15
10
25
Kt
25
25
10
50
50
1 00
solicitors' TAlilFF. 181
Peiiuhals — Vonlinned.
■90. And in .special, or contested actions, or matters, or of interroga-
tories, and cross-interrogatories on commission $0 50
01. Of affidavits and exliibits of a party adverse in interest, filed or
produced on any ai)plication, where i)erusal is necessary if 20
folios or under 50
92.
<)3.
04.
05.
!MJ.
07.
08.
100.
101.
102.
103.
104.
105,
Attem)ance.s.
Necessary attendances consequent on tlie service of a notice to
produce ov admit, or an inspection of documents when produced
under order including making admission, altogether 50
To be increased by County Court Clerk in cases of special, difficult
and imjxjrtant nature, to 1 00
Attending on return of motion, in Chambers .50
To be increased in the discretion of the Judge, to 1 50
On consultation, or conference, with counsel, in special, difficult,
and important matters, in the discretion of the County Court
Clerk, to 100
To be increased, as between s( licitorand client, in the discretion
of the ( '. C. .) udge to, not e.\t;'cding 3 00
No sjjccial attendance to be allowed to a solicitor on proceedings
on which he also api)ears as counsel.
Solicitor attending Court on trial of cause, when not hhnself coun- "
sel, or partner of counsel 1 00
And in sitecial, difficult, and imi)ortant cases, each hour neces-
sarily present at trial 1 00
In no ca.'-;e to exceed, per day 5 00
(Provided the attendance of .such solicitor, and the length of time
of such attenilance, be duly entered at the time in the book of
the C. C. CU^rk, or other officer of the Court present at the
time, or proved by affidavit).
To hear judgment when not given on close of argument 1 00
To hear judgment when cause on list for judgment, but judgment
not given 1 00
On taxation of costs 1 00
On revision, per hour, when attendance required by Taxing
Officer, or revision had ou order 50
On revision by County Court Judge on apjieal 50
To obtain or give undertaking to appear, w hen service accepted
by a solicitor 50
Attendance to file, or serve 25
Attendance on warrant, or appointment, of Examiner, Referee,
or County Court Clerk, \wr hour 60
To be increased in the discretion of the C. C. Judge to not
exceeding per hour 1 OO
Attendance on County Court Clerk in special matters, per hiur. 50
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SOLICITOUS TARIFF.
Attendancks— C'oM<mM«d,
106. Every other necesHary attendance
108. On special and important {wints, and matters requiring the
attendance of counsel, before Examiner, Referee, or Clerk, the
Judge may, in lieu of the fees for attendance, allow a counsel
fee when counsel attend the same, not to exceed So,
$0 25
Briiiks.
109. For drawing briefs, five folios or under ... 1 00
110. For drawing briefs, for each folio above five 10
111. For drawing brief, per folio, for original and necessary matter . . 20
112. Copy of documents, other than pleadings, per folio 10
f::e:
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Court Fees.
114. Fees after statement of claim, or, where statement disiwnscd
with, after filing wrii,, on defence, joinder of issue, trial, or
argument before courts or any other step in the cause, and on
judgments. No two fees to be allowed to either i>arty wlicn
such proceedings are taken, or had, between the first day of
any sittings of the courts (fixed by Rule 21(5, or R. S. O. 1.SS7,
c. 47, 8. 12, as the case may be), .and the first day of the follow-
ing sittings so fixed
115. Fee on certified copy of pleadings for judge
116. Fee on every order, or judgment to the jmrt / obtaining the same
50
50
50
Affidavits.
118. Drawing affidavits, per folio 20
119. Engrossing same to have sworn, per folio 10
120. Copies of affidavits, per folio, when necessary 10
121. Common afiidavits of service, including service by iK)st when
necessary, or of payment of mileage and of non-ai)|iearance,
including copy, oath, and attendance to swear 75
122. The solicitor for preparing each exhibit in town or country 10
Defendants,
123. Appearance, including attending to enter 50
For each additional defendant 10
124. For limiting defence in action for recovery of land in appearance,
besides above allowance for api^earance ; not to be allowed
when notice of limiting detenoe served 60
m
SOLICITORS TARirF.
183
JunoMENT, Rules, ou Okders.
125. Drawing minutos (if judgmt'iit, or order, per folio, when prepared
by solicitor, undor diroctions of tliu C C. Judge $0 20
126. Judgment for non-api>earance on sjiecially indoraed writs, and
in action for recovery of land 50
127. Attending for appointment to settle or pass judgment, or order
of Court, copy and service 50
128. When served on more than one jjarty, the extra copies and ser-
vices are to be all(>wed
129. For every hour's attendance before proper officer on settling or
passing minutes 50
To be increased in tlie discretion of the officer in special and diffi-
cult cases, when the solicitor attends personally, 1 o a sum not
exceeding altogether 2 50
Letters.
130. Letter to each defendant before suit, only one letter to he allowed
to any d««feiulaiits who are in iiartiiership, and when subject
of suit relates to the transactions of their partnershi]) 25
131. Common letters, including necessary agency letters 25
132. With power to the C. C. Clerk, as between solicitor and client,
to increase the fee for sjiecial and important letters, to an
amoimt not exceeding 1 00
133. Postages — the amount actually disbursed
134. For correspondence during the progress of an apjieal to the Court
of Ap|)eal a reasonable sum in the discretion of the Taxing
Officer may be allowed not exceeding 2 00
Sales by Al'ctioneek, ok real Represext^tive in Partition Suits.
135. Drawing advertisements for the sale of real or personal estate
under tiie direction of the Court, including all copies, except
for printing 1 00
And for each folio over five, per folio 15
(To be increased in the discretion of the C. C. Judge to a sum not
exceeding ten dollars, when special information has been
protiurc(l for the purprweof sale.)
13G. Copies for printing, per folio 10
137. Each necessary attendance on printer 25
138. Attending and making arrangements with auctioneer 50
13it. Revising proof 50
140. Fi'e on conducting sale when held where solicitor resides 3 00
141. If solicitor is engaged for mon^ than three hours, for every hour
beyond tliat time 75
142. Fee on conducting sale elsewhere, besides all necessary travelling
and hotel exiHjnses, when solicitor attends with the ajiproval of
tile real representative pieviously given 5 00
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HOIJCITORS TAKIl-'K.
MitiCEIJ.ANEOUS,
145. Wlien it has been satisfactorily proved ti\.at proceedinjifs have
been taken by solicitors out of Court to expedite proceedings,
save coats, or compromise actions, an allow.ance is to be made
therefore in the discretion of the .Tudge.
146. Drawing bill of costs as between party and iiarty for taxation,
(including engrossing and cojiy for C. O. Clerk,) per folio !?() 20
147. Copy, per folio, to serve 10
C()i:nskl Fees.
148. Fee on motion of course, or on motion in matters not special .... 1 00
141). On special r.r parte motHm or a])plication to the Court (onlj' one
counsel fee to be taxed) 2 00
To be increased in the discretion of the .Tudge of Comity Court,
who shall mark amount to be ta.xed on order of Court, if any,
before taxation, to .") 00
LOO. Fee on argument on supporting or ojiposiug application to the
Court or argument of demurrer, special case, or apix'.'d "> 00
To bo increased in the di.scretiou of the .Tudge, to 10 00
Wl. On consultations 2 (W
1.02. Fee, with brief, on asses.sment (> 00
153, Fee, with brief, at trial 10 00
To be increased by the Taxing Ottieer at Tonaito or tlic .Judge .
{as the case may require) in actions of special or iiiiiJ(;rtant
nature and on appeals to the Court of A])iH>al, (dU notice to the
opi)osite jjarty,) to a sum not exceeding 2.5 00
(No chargf! to be made by either party in connection with such
apjilication)
184. On argument or examination in Ciiauibers in cases proper for the
attendance of counsel and where ccninsel attends 1 00
To be iucrea.sed in tlie "discretion of the .Judge to a sum not
exceeding 5 00
155. On argument of apjieal in Court of Ap))eal, in the discretion of
Taxing Officer at Toronto, not exceeding 25 00
156. To attend reference t(» C C. Clerk or lieferee, wiien Cdunsel
necessary 3 00
To be increased in special and important matters re(|uiriiig the
attendance of coun.sel in the discretion of tht^ County I'ourt
Clerk, not exceeding G 00
157» Fee on drawing, and settling, allegations in pracijK for revivnr,
in siiecial cases, proper for opinion of counsel 1 00
To be increased in the discretion of the C. C. Clerk to an amount
not exceeding 2 00
158, On settling pleadings, interrogatories, .special cases or iietitions,
and advising on evidence in contested cases, in the discretion
of the C. C. Clerk, not exceeding 3 00
SOLICITORS TARIFF.
135
Counsel Feks — C'u7itm ued.
151). On Fettling the appeal case and reasons for or against api)eal ....
To be increased in the discretion of the Taxing Uthcer at Toronto
in HiK'ciiil and important matters to ii sum not exceeding
IGO. When any fee is subject to be increased, in the discretion of the
Taxing Officer in Toronto, either party to the taxation may,
during its i)rogress, require that such item shall be referred by
the Local Taxing Officer to the Taxing Officer in Toronto,
who.se decision shall be final as to that item, but this shall not
prevent an apjieal from such taxation.
164. On arbitrations, counsel fees may be allowed and taxed on the
same scale and conditions, so far .is possible, as those herein-
before prescribed for counsel fees \t trials.
>i-2 00
5 00
Note 1. — In taxing costs between solicitor and client, the clerk may
allow for .services rendered not ivrovided for by this tariff, a
reasonable compensation as far as |)racticable analogous to its
provisions.
Note 2.— On appeals to the Coiu't of Appeal where the fees are not
above provided for, the same fei's ivnd allowances shall be taxed
as are allowed for similar services in the County Court.
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T-A-ISIDPF
TARIFF OF DISBURSEMENTS.
{Referred to in Rule 1319, miprd, pp
.oar.)
The following fees and allowances shall be taken and received by
the officers and persons herein mentioned in Civil Actions
in the County Courts, and appeals therefrom to the Court of
Appeal, in lieu of all fees payable to those officers and
persons under the tariffs heretofore in force in the said
Courts : —
Registrar ok Court ok Ai-peai,.
Setting down for argument $0 50
Certificate on discharging api)eal 90
On every order in Chambers 50
For other h°rvices the like charges as are to be taken by the Registrars
of the High Court for similar services.
Okkicial ani> Special Rekkuees.
Filing and entering judgment or order 10
Every warrant or appointment 10
Administering oath (jr taking affirmation 20
Marking every exhibit 10
Copy of papers given out when required, \>ev folin 10
Every attendance ui)on any proceeding or i-nlargement thereof or sel-
ling pro|)erty 50
For each additional liour 50
Every certificate, if not longer than two folios 20
Filing each paper, or subsequent order 10
Taxing costs, including attendance 80
Making up and forwarding deix)sitions, l)ills of costs and proceedings 10
TARIFF OF DISBURSEMENTS.
137
Official and Special RKVKHKKH—Cuntinued.
Every special attendance out of office within two inik's, per hour occu-
pied by reference $0 50
Every additional mile aVxjve two for travelling cxiK-n-x'H 10
Searching files in office 10
Cl.KItKS OF THE OoUNTY COUIIT.
Every Writ 50
Every concurrent, Alias, Pluries or Renewed VVrit 40
Every api)earance entered, and filing memorandum thereof 15
Every apjiearance, each Defendant after the first 10
Filing every Affidavit, Writ, or other proceeding 10
Amending every Writ or other proceeding 25
Upon payment of money into Court 30
Uixjn payment of money out of Court 30
Passing and certifying Record 50
Entering action for trial or assessment (including H. C. cases entered
for trial at C. C.) 50
On setting df)wn on the paper for argument every demurrer or special
case 20
Setting down a cause ior any other purpose 20
SubiMena, including filing Praecipe 20
Every Reference, Inquiry, Examination, or other sjieoial matter for
every meeting not exceeding (jne hour 75
Every Reference, Inquiry, Examination, or other sijecial matter for
every additional hour or less 50
Fee on report made on such reference, etc 1 00
Attending on oi)ening Commission 50
Every Certificate made evidence by Law, or required by the practice
including any necessary search 50
Every Certificate for Registration 20
Entering Certificate of Title or Conveyance, per folio 10
Every ordinary Rule or Order 30
Every Si)ecial Rule or Order, not exceeding six folios, {ler folio 20
Every Chamber Order 50
Every Interlocutory Judgment or Judgment by default 30
Every Final Judgment otherwise than Judgment by Default 50
Taxing Bill of Costs, and giving allocatur or certificate 80
Entering Order when necessary, per folio 10
Exemplification, or office or other copy of papers or proceedings
required to be given out, \>er folio, besides certificate and seal when
required 10
Examining and authenticating j)aiK'r8 when copy prepared by Solicitor
— every three folios 05
Every search, if within one year 10
Every search, if over one year and within two years 10
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TAlUl'F OF niSHUUSKMEMS.
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Cl,KKKs OF TIIK CdlNTV CorKTS — ('imtuiiie(/.
Kvery Hearch, if ovcir twM yearn, or a gon«ral wfarch
Kvoiy Affidavit, Attinnatioii, <'tc., taken before them
Kutering Satisfaction on Uectn'd, and filing Sati.sfaction piece, incliuJ-
ing any necessary nearch
Every Coniniission for tiie Examination of WitnesseH
Making u|i and forwarding pa]iers, including hills of costs
Entering I'lxoneretiir on IJail piece
For making the Entry retpiired in the Debt Attachment Hook and in
Cognovit liook
Every Verdict taken, non-suit, .fury discharged, Kecord withdrawn,
or rule or order of refer«nc(^ at tlie trial
Drawing appointmtMits made by tlie Judge
Attending at every special iiearing befiji-e the .ludge under H. S. O.
1887, e. o.S, s. 1, and at the taking Examination and Evidence and
at Sittings in reference to the C. C'. .ludge from the 11. C, not
exceeding one iiour
Every additional hour or less
Every ai)pointment for taxation of costs or otherwise, made by C C.
Clerk '
Every meeting under I{. S. O. 1887, c. oS, s. !•, not (ixceeding two hours
For each additioiiiil hour or less (to be taxed by tin? C. ('. Judge)
For every .1 ury sworn
Every enlai'gement on ap[)lication to tiu'.luilge in C!hambers, including
search, if marked by the Clerk
SiM'CIAI ilXAMISKK.
Every ajipointment
Administering oath or taking affirmation
Marking every exhibit
Taking depositions per hour
Fair copy for Solicitor, per folio (when required)
Every attendance out of office when within two miles
Every attendance over two miles out of office—^'xtra jM-r mile
Ev(!ry certificate
Mi.king uj) and forwarding answers, (lei)ositions, etc., including tiling
Pnvcipr
For every attendance uiKjn an ajtixiintment, when Solicitor or wit-
nesses do not attend and examiner not previously notified
Rk.\l Rei'HKsk.vt.vtivk.
Tlie Ileal Representative acting under tiie Act respecting tiie partition
and sale ol Real Estate (R. S. (). 1887, c. 104) shall, in the casecf
proceedings being instituted in a County Court, be entitled to
demand and receive for all services jjerformed by him under the
said Act, the same fees as nearly as may be as are allowed to
Sjwcial Examiners for similar services.
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20
30
(1
.'50
10
20
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50
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50
50
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15
10
20
20
75
10
50
(» 10
25
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TAHIFF OF DISBUHSKMKNTS.
131)
20
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10
•20
no
no
50
Ckikk.
C';i]linp every caso, with or without jury ?0 no
Hwoariug each witncHH, or ooimtuhki m
COMSIISSIONEHH.
For taking every affidavit 120
l''or taking every recognizance of bail '>o
Fi It marking every exliibit 10
Al.LOWANOK TO WlTNKSSKS.
'I'o witnesses residing witin'n tlu'ce niili's of the court house, jter diem 1 00
To witnesses resiiling over thre(^ miles from tlie coiu't house 1 25
IJarristerH and solicitors, jiliysicians and sin'geons, other tiian piirties
to the cause, when called uixm to give: evidence, in cons; (jueuce
of any ])rofessional service rendered by tliem, or to gi\c [irnfes-
sional opinions, per diem 4 (lO
Knginoers, surveyors and areliitects, other than parties to tiic cause,
wlien called upf)n to give evidence of .any professional service
rendered by tlieni, or to give evidence depending u[Kin tlieii' skill
or judgment, \)vv diem 4 00
If witness(!s attend in one case only, they will he entitled t«) the full
allowance. If tliey attend in more than one case, they will bo
entitled to a i)roportionate part in each cause only.
The travelling expenses of witnesses, over three miles, shall be allowed,
according to the sums rciHiniably and act\ially i)iid, but in nf)
case sliall exceed twenty cents [)er mile, one way.
N.B. — In all api)lications and jiroceedings before the County Court
Judges not relating to suits instituted in any Court of Civil Juris-
diction there shall be payalile to the Clerks of the County Courts
the same fees as in this Table bo far as the same are jipplicable.
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FEES OF SHERIFFS and CORONERS
IN CIVIL MATTERS IN THE COUNTY COURTS.
( llel'ened to in Riilf 1233.)
1232. The fees and allowances set forth in the Tariff C
appended to these Rules shall be taken and received by sheriffs
and coroners in civil proceedings in lieu of all fees to which
they have been heretofore entitled under the tariii's heretofore
in force. See tariff, 2 Feb. 1874.
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FEES PAYABLE TO SHERIFFS AND CORONERS.
General Matters.
Receiving, filing, entering, and indorsing all W rits. Pleadings, Rules,
Notices", or other pajwrs, each $0 10
Return of all Process and Writs, except SubixKnas 25
Return of Pleadings, Rules, Notices, or other j miners 15
Every search, not being by a party to a cause or his Solicitor 30
Certificate of result of such search, when required (a search for a Writ
against lands of a party shall include sales under Writ against
same party, and for the then last six months) 75
Where a certificate respecting executions against lands is reipiired, the
sheriff, if so requested, is to include in one certificate any number
of names inresi3ectof which the certificate may be required in the
same matter or investigation, but shall he entitled to the same fees
as if one certificate were given for each name, provided that no
greater sum than $4 shall be charged or collected in resi)ect of such
certificate. (50 V. c. 7, s. 5).
siierifkh' tariff. 141
(•KNEKAI. MxrrKHH—C'iil/ i II iinf.
Every Warnint to (tx«>cut.i' any I'motwn nnxnr or tiiiiil, (lirfitcfl to tlic
Sheriff, wlimi ^'ivcii to a liailKF 80 50
Kvcry .Iiiry Hworii, or ciuihc tried before ii>lii(lf;e 80
Every Letter \vri( ten (iiiehuliiiK copy) recpiired l)y party or Ihh Solicitor
respi I'tiii^' Wi'itH or I'roeesN, w hen poHtajre pri'paid 30
Drawing every Adidavit wiieii iienssary and pnpared hy Sliiiitf ... fl 25
SKUVICK ok I'UOCKSS and I'AI'KIIS.
Service of non-bailable Process, eivch defendant includinj^ affidavit of
service 1 00
Servinfjf Siibpienas, Rnles, Notices, or other papers (Ix'sides mileage). . •'50
For eaeii m/ilitii>ii<d party served 25
Aetna! and necessary niih^agf* from the ('<Hirt House to the place where
Borvico of any rrocess, paper or proceeding is made, jnr mile 13
AiiHKhi" ANi> Attachment.
Arrest, when amonnt d(Hi.s not exceed $200 2 00
«• " " .«-lOO 4 00
Bail Bond or liond to the limits 1 00
Assij,'ument of the same 25
Mileage going to arrest when made, per mile 13
Mileage conveying i)arty arrested from place of arrest to the gaol, per
mile '. 13
Bringing up Prisoner on attachment or Hnhvas Curpus, besides travel
at 20c. inr mih' 1 OO
Absconding Deutohs.
Seizing estate and effects on attaclnnent against an absconding debtor 1 50
Valuators, each 1 00
Removing or retaining i)roperty, reasonable and necessary disburse-
ments and allowances to be miulo by order of tiie Court ora.Judge
Drawing Bond to secure goods taken under an attachment against an
absconding debtor, if prepared by Sheriff 1 50
Replevin.
Precept or Warrant to Bailiff in Rei)levin 40
Drawing Notice for Service on Defendant in Replevin 40
Delivering (r(K)d« to the party obtaining the Order of Replevin 1 50
For Writ Dc Rclcrno Habindo 60
Drawing Replevin Bond 1 OO
Assignment 25
All necessary disbursements for the possession, care and removal of
property taken in Replevin.
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.^HKUIFFH TAIIIKK.
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Notict! of aiipointiiH'iit for ballot of iFiny iJO 26
Notice to Clork of I'ciicu of hucIi appoiiitiiiuiit 26
1%'t) on ballotinij .S|H'cial Jury 2 50
Fee on Htrikinj,' " 1 25
Hurviiitf cnicli Speoial Juror (beHidi's inileftK** 'vt 13c. jht niilf ) 26
RHturning I'ani'l of .Special Jurors 50
Kt-'opinf and ciicckin^' pay list of Hix'oial Juror.s' attendance, in each
caHe 1 00
Sales, Poindaok, Ktc.
Pounilajfo on l'].\ocutionH, and on attaclinients in tlie iiatun! of Execu-
tions, on tlin sum niadu 5 perct.
(Kxcliisive of inilnaj^e, for goinj'' to seize and sell, and all disburse-
ments necessarily inciu-red in tlie care and reni(jval of property).
Scliedide taken on K.Kt^ciition, actaiilunent or other process, including
copy to Defendant, not exceeding T) folios 50
Each folio above 5 10
Drawing advtirtisenients when required by law to be published in the
official (Inzi'tte or other newspaper, or to be posted up in a Court
House or otiier place, and transmitting same, in each suit 75
Every necessary notice of Salt! of (loixls (not more than 3), in eacii Ntut 40
Every notice of Postponement of Sale, in eacii suit 20
The sum actually disbursed for Advertisements rcfiuired by law to be
inserted in tlie official (lazcttt or other newspai)er.
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SlCyUKHTRATION.
U|Km seizure of estate and effects under writ of se^iuestration . 1 00
Schedide of goods taken in execution (including copy for defend.
not exceeding five folios 50
Each folio above five 10
Removing or retaining projH'rty, reasonable and necessary disburse-
ments and allowances to Vie made by order of the Court or Judge
(Poundage uiK)n sequestration followed by sale nnd collection— as on
other e.xecul ions).
WiUT OK PoS.SKSSI()N.
Executing Writ of Possession and serving and exeeiiting Writ of Res-
titution, besides mileage 2 00
Writ op Enquiry, Eschkat, Etc.
Pre.-iiding or attendance on execution of Writ of Enquiry, or under
any Writ of Escheat, or other writ of a like nature
4 OO
HHKUIl-'l-'S TAKIKI'-.
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W HIT OK FiNWl'lltV, Ksi'llRAT, V.TC. CniiHilKfil.
SinmnoniTiji f.ioh .Tiintr in sudi cii^c *" -''^
Hiiiliff'n fi'f Miiiiunnnin>? i-ivch .Iiir.v, iiiilea^o l«'r tiiilo "13
Hiiv of RiM.ni, if iwjtuiilly imid, not to vxwati $2 \»'V tliiy
Milfa«t> from tlin Court lionet' to the pliicc" wlieie Writ I'xtuuittMl, per
milH «13
CoUONKKS.
Tlic Miuuf U'm hIiuU hn tiixcd luid ivlluwcil to CoroiuTH for MorvicfH
nmiUu'wl by them in tiiH s.rvioc (ixocntion nml r.'tiini of proctws, u^
ftUowi- 1 to SliL'ritf.i for the snini- .scrvict's nhuvt'. spfc-iHwI.
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INDEX.
Af.
ACCOUNTS AND INQUIRIES—
when may be ordered, 77.
before whom to be taken, 77.
powers of master on reference, 77.
report to be filed, 78.
when to become iibsohite, 78.
appeal from, 78.
costs on references, 80.
ADJOINING COUNTY—
action by or againt j judge to be brought in, 69.
AFFIDAVITS-
of justification on appeal, 8!».
of execution of appeal bond, 89,
API EAL TO HIGH COURT—
from local judge, 8.
in municipal election cases, 9.
in county court cases tried at assizes, 36, 37.
from district court. 113, 114.
APPEAL TO COURT OF APPi-iAL—
from decision of County Judge, 14, 82, 85.
in interpleader, 5.^), 81.
who may appeal, 80, 82.
from judgment of County Court, 83.
in jury actions, 83.
on what grounds, 83.
not from interlocutory order, 85.
notwithstanding judgment signed, 86.
dllowance of bond a stay of execution, 86.
O.C.C.A. 10
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146
INDEX.
APPEAL TO COURT OF APFEAh— Continued.
jadgtnent may be set aside, 87.
what papers Judge to certify, 67, 90.
staying proceedings, 87.
nature and amount of security, 88.
sureties in bond to justify, 89.
bond to be approved, 89.
filed, 89.
appeal books, what to contain, 91, 92, 93.
may be typewritten, 92.
number of, 92.
setting down, time of, 88, 91, 93.
mode of, 91, 93.
notice of, 92, 93.
disposal of appeal, 93.
bond, 89.
deposit, 90.
from District Court, 114.
APPEAL TO SUPREME COURT—
none from County Court, 94.
APPEARANCE IN DISTRICT COURTS—
time /.or, 116, 117.
APPOINTMENT—
of 'Judges, 4.
clerks, 26.
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ARREHT—
County Judge may order in High Court, 12.
cannot order ca. $a., 12.
privilege of clerk from, 27.
ATTACHMENT, WRIT OF—
against absconding debtor —
County Judge may order in High Court, 12.
cannot set aside order, 12.
for contempt of court, 77.
ATTACHMENT OF DEBTS—
appeal from order for, 85.
See Garnisubeb.
CIS
! i:
m
INDEX.
147
B.
BAIL BONDS—
jurisdiction in actions on, 46.
BARRISTER—
County Judge to be, 5 years, 4.
Deputy Judge to be, 3 years, 6.
Clerk of the Peace to be, 3 years, 104.
District Judge to be, 5 years, 109.
BEQUEST—
See Devise.
BOND—
as security on appeal, 86.
amount of, 88.
affidavit of justification, 89.
execution of, 89.
to be approved by Judge, 89.
filed in court, 89.
delivered to successful party, 89.
0.
CERTIORARI—
what actions removable by, 60, 66.
who may order to issue, 66.
only in claims of over $100, 67.
Procedure after removal by, 67.
CLERK OF COUNTY COURT-
when to be Deputy Clerk of Crown, 11.
Deputy Registrar, 11.
appointment of, 26.
security by, 26.
ofiice in Court House, 26.
exception in county of Essex, 26.
office hours, 26, 27.
When privileged from arrest, 27.
■ ••Ijl
148
INDEX.
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CLERK OF COUNTY COURT— Continued.
return of fines by, 27.
fees, 27.
instruments filed, 27, 28.
moneys paid into court, 72.
to tax costs, 28.
to issue writs, 28, 29.
not to draw certain documents, 29.
who to be pro tem., 29, 30.
duty of, on payment into court, 72.
to produce documents for inspection, 98.
fees of, on inspection, 98.
CLERK OF DISTRICT COURT—
laws applicable to, 112.
Deputy Clerk for Rainy River, 122.
CLERK OF THE PEACE—
when to be County Court Clerk, 29.
qualification of, 104.
ex officio County Attorney, 104.
in case of vacancy, 104.
in County of York, 104.
in judicial districts, 112.
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CONTRACT, BREACH OF—
jurisdiction of Division Court iu, 89.
County Court in, 44.
District Court in, 113.
CORAM NON JUDICE—
actions, not removable, 67.
when proceedings are, 80.
COPOREAL HEREDITAMENTS—
Division Court lias no jurisdiction in actions for, 39.
jurisdiction of County Court in actions for, 57, .58, .59.
District Court, 113.
COSTS—
taxation of, 28, 00, 03, 64.
in County Court cases tried at Assizes, 37.
in interpleader, 55. '
M!!
INDEX.
149
C^STQ— Continued.
where claim within competence of inferior court, 60.
where judgment without trial, 63, 64.
where no jurisdiction, 74.
tariff of, who to frame, 96.
approve, 96.
Con. Rules as to, 96, 97.
security for, Con. Rules as to, 97.
in County Courts, 98.
in actions in District Courts, 118.
COUNTER-CLAIM—
jurisdiction on, 65.
limit of, 65.
COUNTY COURTS—
Judges of. See Judoes of County Coprth.
are Courts of Record, 25.
establishment of, 25.
who to preside over, 25.
sittings of —
in grouped counties, 19, 32.
other counties, 31, 32.
County of York, 32.
additional, 33.
concurrent, 33.
postponement of, 34.
jurisdiction of —
none in certain cases, 38.
in what cases, 44, 45, 57, 58.
costs when claim within, 60, 64.
beyond, 74.
power to grant same relief as High Court, 64, 73, 76.
where defence beyond jurisdiction, 65.
payment into and out of, 72.
transcript to, from Division Courts, 75.
removal of actions from, by certiorari, 66.
transfer from, to High Court, 68, 78.
appeal from. See Appeal to Codbt of Appeal.
motion for new trial in, 82, 83.
costs on. See Costs.
See also District Courts.
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150
INDEX.
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COUNTY COURT DISTRICTS -
proclamation grouping counties, 16.
dissolving groups, 17.
Judges to hold courts in rotation, 17.
act intra vires as to Division Courts, 17.
ultra vires as to General sessions, 18.
meetings of judges in, 18.
when meetings to be held, 19.
duties of Judges in, 20.
sittings in term in, 85.
COUNTY COURTS ACT—
See Statutes.
COUNTY JUDGES CRIMINAL COUPT—
who to constitute, 106.
jurisdiction of, 106.
powers of, 106.
title of, 107.
extends to Provisional Judicial Districts, 107, 110.
practice of, 107.
COURT OP APPEAL—
See Appeal to Court of Appeal.
CRIM. CON.—
no jurisdiction in actions for, 38, 39.
jurisdiction of District Court, 115.
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CRIMINAL COURTS—
See CouMTt Jupoe'b Criminal Courts.
D.
DEATH—
of clerk, 29.
DEBT-
jurisiiiction of Division Court, 39, 40.
County Court, 44.
District Court, 113.
INDEX.
151
DEPUTY CLERK OF THE CROWN-
when County Court Clerk to be, 11.
DEPUTY JUDGES—
qualification of, 6.
appointment of, 6.
may practise, 6.
powers of, 6.
not ex officio, J. P., 7.
in judicial districts. 111.
DEPUTY REGISTRAR—
when County Court Clerk to be, 11.
DEVISE—
no jurisdiction in actions respecting, 38, 3i).
DISBURSEMENTS, TARIFF OF—
Con. Rule as to, 96.
made applicable to County Courts, 97.
in County Courts, 136.
DISTRICT COURTS-
County Courts formerly called, 25.
in judicial districts —
establishment of, 110.
where to be held, 110.
who to be Judges, 111.
junior Judges in. 111.
jurisdiction of —
in what cases, 112, 113, 114.
none in certain cases, 114, lit),
where title to land in question. 116.
appearance in, time for, 116, 117.
sittings of —
in Algoma and Thunder Bay, 116.
at Rat Portage, 124.
additional, 124, 125.
trial of H. C. actions at, 126.
transfer of actions from, to High Court, 115.
costs of actions in, 118.
DISTRICTS—
See County Codrt Districts— Pbovibional Judicial Districts
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152
INDEX.
DIVISION COURTS—
who to preside over, 72.
in grouped counties, 17.
jurisdiction of, 39, 40.
none outside of Ontario, 41.
on County Court judgment, 48.
transcript from, to County Court, 75.
in judicial districts, 110.
E.
E.IECTMENT—
jurisdiction of County Court in, 38, 57, 58.
District Courts in, 118.
ENGLAND—
County Courts in, 25.
EQUITY JURISDICTION—
when given to County Courts, 25.
when taken away, 25.
what actions are within, 45, 80.
EXECUTION—
County Courts may issue, 94.
on transcript from Division Court, 75.
stay of, pending appeal, 96
sales under, in districts, 120.
EXTRADITION—
Junior Judge may order, 6.
F.
FEES—
returns of, 27.
for searches, 98.
FINAL ORDER—
appeal from, 85.
what is a, 86.
INDEX.
153
PINES—
return of, 27.
FRAUDULENT CONVEYANCES—
Bummary inquiry into, 56, 57.
G.
GAMBLING DEB P-
Division Court cannot try action for, 39.
District Court cannot try action for, 115.
GARNISHEES-
appeal from order as to, 85
GENERAL SESSIONS-
See Sessions.
GOOD CAUSE—
meaning of, 6.S.
GOVERNOR-GENERAL IN COUNCIL—
shall appoint Judges, 4.
may remove .Judges from office, 2.
may require Judge to act in other county, 14.
may authorize retired Judge to act, 14.
GROUPED COUNTIES—
See CoDNTT Court Distuicts.
H.
HIGH COURT—
County Judges to be Local Judges of, 8.
appeal to, see Appeal.
Local Master of, 11.
Deputy Clerk of, 11.
Deputy Registrar of, 11.
writ of attachment in, 12.
order for arrest and ca. sa. in, 12.
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154
INDEX.
HIGH COURT— Co»i<mM«d.
cases in, tried in County Court, 34.
District Court, 12(5.
when County Court has same power aa, 56, 7(>.
practice of, in County Courts, 70, 73.
removal of actions to, by certiorari, Of5.
transfer to, from County Court, 68, 78.
District Court, 115.
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IMPEACHMENT—
Court of, aboH;.!hed, 2.
of County Judges, 2.
INJUNCTIONS—
interlocutorv , may be granted by Local Judge, 8.
may be granted by District Court, 114.
INTERLOCUTORY ORDER—
no appeal from, So.
what is an, 86.
INTERPLEADER—
jurisdiction in, 45.
procedure in, 64, 55.
costs in, 55.
INTERPRETERS—
how appointed, 20.
INTRA VIRES—
See CocNTY Court Dibtkicts.
JUDGES OF COUNTY COURT-
appointment of, 4.
tenure of office by, 1.
INDEX.
155
JUDGES OF COUNTY COVRT— Continued.
removal of, 2.
salary of, 3.
qualitloation of, 4.
Junior, see Jdnior Jcdok.
residence of, 5.
not to practice, 5.
Deputy, see Deputy Judoe.
oath of, 7.
actions by and against, 09.
duties and powers of,
ex ojficio J. P., 7.
Local Judge of High Court, 8.
may grant inj mictions, 8.
has powers of Master in Chambers, 8, 9.
in municipal election trials, 9.
when to be Local Master, 11.
Judge of Surrogate Court, 12.
to hold Division Courts, 12.
may grant writ of attachment, 12.
may issue order for arrest, 12.
chairman of sessions, 12.
ex officio, oflBcial referee, 12.
under various statutes, 13, 14.
supervision of Senior over Junior, 14.
senior and junior may sit simultaneously, 14, 33.
when to act in other county, 15.
retired Judge, 15.
jurisdiction in other county, 15, 16.
in grouped counties, 17-20.
to preside over County Courts, -^5.
to revise taxation of costs, 28.
to stay proceedings for appeal, 87.
to approve appeal bond, 89.
to certify proceedings to Court of Appeal, 87, 90.
JUDGES OF DISTRICT COURTS—
qualification of, 109.
appointment of, 110.
powers and duties of, 110.
salary of, 110.
tenure of office by, 110.
residence of, 110.
not to practice, 110.
156
INDEX.
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JUDGES OB' DISTRICT COVIVIH- -Conliniuul.
Junior Judge, 111.
may appoint additional aittin^H. 124.
JUNIOR JUDGE—
salary of, H.
when to be appointed, 4.
qnaliflcntion of, 4.
second in County of York, 4.
may make order under Extradition Act, '>.
when Judge of Riirrogntc Court, 12.
power and authority of, 14.
apportionment of duties, 14.
in grouped counties, 17.
in judicial districts. 111.
supervision of senior, over, 14, 111.
JUDGMENT-
by default, costs on, 63.
court may set abide, 73.
without trial, costs on, ()3, ()4.
appeal from, 82, 86.
court of appeal may set aside, 87.
notice of motion against, 87.
Judge to certify grounds of, 87.
motion against, in District Court, 113.
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appeal from order on examination of, 85.
JUDICATURE ACT—
sec. 96, 34. sec. 97, 35.
98, 35.
99, 35.
100, 35.
105, 95.
108, 95.
124, 12.
125, 11.
147, 30.
148. 30.
157, 8.
158, 67.
161,98.
162, 98.
JURISDICTION—
of
County Court-
-
equity, when
given.
25.
when taken
away, 25
limn
INDEX.
157
JViilBDlCVlOii -Continued.
of County Cowrl— Continued.
not in certain casos, !JH.
in what caHOH, 44, 45, fi7, A8.
costs when chiirn witliin, ttO-tll.
hcyontl, 74.
of District Court -
in wliat ciirtoB, 112, UU, 114.
not in certain cawis, 11/j, Uti.
whore title to land in question, 1 1(1.
of Division Court-
not in certain cases, }J'.).
in what caaen, 'M), 40, 03.
costs when claim within, (UI-tM.
JURY-
costs in actiojiH tried hy, 00, 03.
appeal in actions tried by, W3.
in District Courts, 120, 121.
JUSTICE OF THE PEACE—
County Judge to be, 7.
notice of action to, 38.
actions against, in County Court, 38.
Division Court, 39.
District Court, 110.
L.
LAND-
See CoHVOUEAL IIeiieditauknth ; Ejkctment, and Titlk to Land.
LANDLORD—
meaninf^ of, oh
LIBEL-
no jurisdiction in afttione of, 38, 39.
jurisdiction of District Court in actions of, 115.
LIICUTENANT-GOVERNOR IN COUNCIL-
power as to removal of Judf»e, 2.
requests by, to Governor-Gsneral, 15.
proclamation of, as to County Court Districts, 17.
Judicial Districts, 109.
I .■» ,M<
S*-!**
168 INDEX.
LOCAL COURTS ACT—
Seo Statctes.
LOCAL JUDGES OF HIGH (^OUKT—
County Judges to be, 8.
powers of, 8.
LOCAL MASTER—
to be one in every oonnty, 11.
when County Judge to be, 11.
reference to, 77.
duties and powers on, 77.
report on, 78.
costs on, 80.
M.
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MALICIOUS PROSECUTION—
Division Court cannot try actions for, 89.
District Court cannot try actions for over ^200, 115.
MANITOBA -
County Courts in, 25.
MARRIAGE, BREACH OF PROMISE OF—
Division Court cannot try actions for, 39.
District Court cannot try actions for over ^200, 115.
MASTER-
See Local Master.
MASTER IN CHAMBERS—
jurisdiction of, 9-11.
County Judges have same powers, in certain cases, 8.
MUNICIPAL ELECTION TRIALS—
power of County Judge to try, 9.
appeal to Judge of High Court, 9.
power of Master in Chambers to try, 9, 10.
c:r:
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INDEX.
159
N.
NEW BRUNSWICK—
County Courts in, 25.
NEW TRIALS—
County Court may grant, 73, 82, 83.
on same grounds '/»8 Lligh Court, 83, 87.
notice of motion x'or, 87.
appeal from ref asal to grant, 83.
NON-SUIT—
County Court may set aside, 73.
NOTES—
Division Court cannot try actions on, for spirituous liquor or gam-
bling debt, 39.
District Court cannot try actions on, for gambling debt, 115.
NOTICE OF TRIAL—
See Trial.
NOVA SCOTIA—
County Courts in, 25.
0.
OFFICE HOURS—
of County Court Clerks, 26, 27.
OFFICIAL REFEREES—
County Judge to be, 12.
OVERHOLDING TENANTS—
jurisdiction of County Judges against, 60.
P.
PAYMENT—
into court in suit, 72.
as security on appeal, 88.
out of court, 72.
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160
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PENALTY—
on Ju(l«e for practisinf^, o, 11(>.
PERSONAL ACTIONS-
jurisdiction of Division Court in, ;i'.>.
County Court in. 44.
District Court in, 113.
means common law actions, (10, 77.
PERSONA DESIGNATA—
When County Jud<ie acts as, <»0, 77.
PLACE OF TRL\L—
who may cluxni^e, 71.
appeal from order chan<;int,', 71.
duty of clerk when changed, 71.
PLEADING AND PRACTICE—
in actions at^ainst Judges, (i(l.
verifying pleading when title to laud hrought in i|uc'stii>'i, (>.)
of High Court in County Courts, 70, 7H.
change of venue, 71.
payment into court, 72.
out of court, 72.
PRIZE FIGHTING—
County Judge J. P. under Act respecting, 7.
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PROCLAMATIONS-
as to grouped counties, 10, 17.
as to judicial districts, 109.
PROHIBITION-
to Division Courts, 17.
to General Sessions, 18.
to County Courts, 00, 80.
PROVISIONAL JUDICIAL DISTRICTS-
formed by proclamation, 10'.).
Judges in. See Jukoks ok Disiiuir Couurs.
Muskoka and Parry Sound, lO'.l.
Algoma, 110.
Thunder Bav, 110.
INDRX.
PROVISIONAL JUDICIAL DISTRKJTR -ro»M»/Wff.
Courts in. See District Couutk.
Laws in force in, 110.
sheriffs in, 119, 123.
jurors in, 120, 126.
PUNISHMENT.
County Court may impose for contempt, 77.
161
R.
RECOGNIZANCE OF BAIL-
jui'isdiction in actions on, 45.
RECORD, COURT OF-
County Court is, 25.
REFERENCES—
to Master, 77.
costs on. 80.
REMOVAL OF ACTIONS-
See Certiorari ; Transfer or Actions.
REPLEVIN—
jurisdiction of Division Court in, 40.
County Court in, 45, 51.
District Court in, 113.
RETURNS—
by County Court Lilerk, 27, 28.
RULES OF COUR r—
power to enforce, 76.
punishment for disobedience of, 77.
who to make, 94, 95.
RULES OF LAW—
what in County Courts, 94.
O.O.C.A. — 11
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162
INDEX.
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BULEB
, CONSOLIDATED-
—
No. 80. 9.
No.
41,8.
1
• 43, 78.
t(
88, 78.
•
• 227, 29.
41
276, 117
• 690, 85.
II
691, 36.
• 692, 36.
• 1
693, 36.
• 694, 86.
II
696, 36.
• 696. 87.
II
697, 87.
• 885, 90.
II
886, 88.
' 837. 91.
It
838, 91.
' 839, 91.
II
840, 91.
' 841, 92.
l«
842, 92.
' 843, 92.
II
844, 92.
' 845, 92.
11
1107, 56.
• 1108,66.
«l
1109, 67.
' 1110,57.
II
1141. 53.
• 1162,53,64.
II
1163, 64.
• 1164,65.
(1
1166, 66.
• 1166,55.
11
1170, 60.
' 1172, 44, 60.
1 1
1173, 63.
« 1174,63.
II
1182, 37.
' 1217,96.
<l
1219, 96.
' 1382, 140.
II
1242, 97.
' 1251,97.
II
1263, 28.
' 1264,29.
II
1266, 33.
' 1266, 74.
II
1267, 70.
• 1258,87.
II
1269, 87.
' 1260,71.
14
1261, 26.
' 1262, 72.
II
1263, 72.
' 1264, 73,
II
1267, 72.
SEAL—
writs to be under. 28.
SEARCHES—
what may be inspected,
fees for, 98.
98.
SECURITY—
by County Court Clerk. 26.
for costs, see Costs.
on appeal, see Appkal to Codbt or Appeu..
SEDUCTION—
See Crim. Con.
INDEX.
168
SENIOR JUDGE—
See JoDOE Of Coantt Cocbt.
SESSIONS aENERAL—
County Judge to preside at, 12, 108.
in grouped counties, 17, 18.
authority for holding, 99.
jurisdiction of. 100, 101.
sittings of, 101.
where to be held, 102.
constitution of Court, 102.
adjournment of, 103.
reading commisBion unnecessary, 103.
rescinding orders of, 103.
Clerk of the Peace, see Clerk or the Peace.
tariff of costs, who to frame, 105.
approval of, 106.
in judicial districts, 110, 116, 124, 125.
SET-OFF—
reduction by, does not give jurisdiction, 48.
of costs, 60, 61.
SHERIFF—
when to adjourn courts, 33, 103.
to notify Provincial Secretary, 34, 103.
in judicial districts, 119, 123.
tariff of, in County Court, 140.
SHORTHAND WRITERS—
how appointed, 21.
fees of, 21. ^
in County of York, 22.
SITTINGS OF COURT-
See CoDNTY CoDBTs ; District Courts.
SLANDER—
See Libel.
SPECIAL EXAMINERS—
who shall bo, 30.
how appointed, 30.
powers of, 30, 31.
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164
INDEX.
SPEEDY TRIALS ACT—
See GooNTY Judoes Criminai. Court.
SPIRITUOUS LIQUORS—
Division Court cannot try certain actions for, 39.
STATUTES ANNOTATED—
Local Courts Act, 1.
County Courts Act, 24.
General Sessions Act, 99.
County Judges Crim. Courts Act, 106.
Unorganized Territory Act, 108.
STAYING PROCEEDTNCJS-
to allow, of appeal, 87.
pending appeal, 86.
BUBPCENA-
County Court may issue, 39.
power to enforce attendance under, 29.
SUMMARY ENQUIRY -
into fraudulent conveyances, 56.
SUPREME COURT-
DO appeal to from C'>unty Court, 94.
SURROGATE COURT—
senior County Judge to be Judge of, 12.
when junior Judge to act, 13.
payment into and out of, 72.
in judicial districts. 111.
\
T.
TARIFF OF COUNTY COURT C!C)STB
who to frame, 9(3.
approve, i)6.
to be certified, yO.
consolidated rules aH to, 90, U7.
Bolicitor'H tariff, 127,
T
INDEX.
TARIFF OF DISBURSEMENTS—
consolidated rules as to, 96, 97.
made applicable to County Courts, 97, 136.
in County Courts, liJ(».
166
TAXATION OF COSTS-
by Clerk of Court, 28.
appeal to Judge, 28.
TITLE TO LAND—
no jurisdiction in actions involving, 38, 39.
pleading bringing in question to be verified, 69.
District Courts may try actions involving, 116.
See Corporal Hehedixambnts— Ejectment.
TRANSCRIPT OF JUDGMENT-
from Division to County Court, 75.
TRANSFER OF ACTIONS TO HIGH COURT -
Under Con. Rule 158 : 68.
64 V. c. 14 : 68.
R. S. O. 0. 47, 8. 38 : 78.
what actions transferable, 78.
by whom transferred, 78.
duties of officers of court on, 79.
powers of High Court on, 79.
no further pleading required, 79.
where no jurisdiction, 80.
costs on, 69, 80.
from District Court, 116.
TRIAL—
sittings for, 3'i, 33.
of High Court cases in County Court, 34.
of County Court Cases in High Court, 36.
notice of, in such cases, 35.
powers of Judge in such cases, 36, 37.
of interpleader issue, 54, 55.
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166
INDEX.
TB.IAL— Continued.
of inquiry as to fraudulent conveyance, 56, 67.
place of, may be changed, 71.
where sesBiona to be held, 102.
in judicial diatricts, 124, 126, 126.
U.
ULTRA VIRES-
R. 8. O. 0. 46, B. 2, 2.
B-8. 17-28, 18.
UNORGANIZED TERRITORY ACT—
See Provisional Judicial Districts
VENUE—
See Place or Trial.
V.
w.
t:t:
izt:
i:q
..J!
fS;
;!!»n
WOODMEN'S LIEN ACT-
where in force, 109.
WORDS AND PHRASES—
'• appellant," 80.
"ascertained," 69.
" costs to abide the event," 64.
" good cause," 63.
" judicial officers," 60.
" landlord," 58.
"party to a cause," 80.
"personal act/ons," 45, 80.
" right or claim," 86.
"the event," 61,
INDEX.
167
WRIT8-
Dlerk to iflane, 28, 29.
1K) be under seal, 28.
what may be iBsued in County Court, 74.
Y.
YORK, COUNTY OF-
Second Junior Judge in, 4.
exceptions as to officers in, 8, 11.
shorthand writers in, 22.