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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. 
 
 ?i 
 
 
sBsssmftmn 
 
 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 
 
 M . 
 
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 8 
 
 DUTIES AND POWERS OP JUDQES. 
 
 If 
 
 itiHl 
 
 ■ 
 
 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 
 
I 
 
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 W 
 
 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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 10 
 
 DUTIES AND POWERS OF JUDGES. 
 
 i). 
 
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 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 
 
 N. 
 
 1(» 
 11 
 
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UHUp. 
 
 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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12 
 
 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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16 
 
 JURISDICTION OF JUDGES. 
 
 II 
 
 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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 ' III 
 
 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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 22 
 
 SHORTHAND WRITERS. 
 
 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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 26 
 
 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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28 
 
 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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 80 
 
 SPECIAL EXAMINERS. 
 
 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! 
 
 ill 
 
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 
 
 
 J 
 
 '.J 
 
 5 
 
 p 
 
 .J 
 
 r. 
 
 S 
 
 55 
 
 

 
 82 
 
 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. 
 
 ■■% 
 
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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84 
 
 TUIAI-H. 
 
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 ilS 
 
 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 ; 
 
 
' 
 
 Hn 
 
 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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36 
 
 TRIALS. 
 
 I! 
 
 >M it 
 
 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. 
 
 if <>• 
 
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. 
 
 13 
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 88 
 
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 I. - 
 
 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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 40 
 
 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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 42 
 
 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 
 
 ■€:: 
 
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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 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 ; 
 
 
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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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 JURISDICTION. 
 
 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. 
 
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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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 JURISDICTION. 
 
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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 
 
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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. 
 
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 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 
 
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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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 JURISDICTION. 
 
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 (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 
 
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JURISDICTION. 
 
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 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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 ,J 
 
 
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 coat B. 
 
 11 
 
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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. 
 
 Cm 
 
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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 64 
 
 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. 
 
 m 
 
 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. 
 
 G.C.OA. — 5 
 
 I* 
 J 
 
 3 
 
 i::^. 
 
 
 
 
 
I. 
 
 66 
 
 CERTIORARI. 
 
 
 I- u 
 
 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 
 
 i' 
 
 'T^fs^.-,, 
 
CEUTIOUARI. 
 
 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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 68 
 
 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. 
 
 1 
 J 
 
 7 
 
 J* 
 
 ,0- 
 
 
 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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 70 
 
 PLT5ADINO AND PRACTICE. 
 
 ii 
 
 ;i2 
 
 £ 
 
 a 
 
 « 
 
 
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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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 -tr^j^H^'-! ":— y'ift'^i-i^sj 
 
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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 72 
 
 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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 74 
 
 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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 »xa®«i3asya9tw,i«ww 1 
 
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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 80 
 
 COSTS OF TRANSFERS. 
 
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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» 
 
 a.c.c.A. — 6 
 
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 82 
 
 APPEALS. 
 
 
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 ii 
 
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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 
 
 ,,.'■1. 
 
 31 
 
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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 86 
 
 APPEALS. 
 
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 Hi'i! ( 'on. RulcM (t2() to !M8 inchiHive, its to powt-rnof county judffo.s in matter-* 
 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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 ''♦""■"■iJi., 
 
 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 
 
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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 
 
 •••le:; M 
 
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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 92 
 
 APPEALS. 
 
 jury, and his note of judgment in case of a trial by himself. 
 App. 0. n. 
 
 ( 
 
 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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 94 
 
 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", 
 
 f;:c: 
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 I**""" . « 
 
 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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 96 
 
 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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 100 
 
 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 
 
 • . I: 
 
 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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 102 
 
 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. 
 
 l!r 
 
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 il-'Ii ■:: 
 
 i'Si ^i 
 
 
 
 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. 
 
 Mil 
 

 
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 UNORGANIZED TERRITORY ACT. 
 
 CHAPTER !)1, REVISED STATUTES OF ONTARIO, 1«S7. 
 
 ,''*!?1' 
 
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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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 II Ji !:; 
 
 110 
 
 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 
 
 ■iz 
 
 *>>»(• 
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DISTRICT JUDGES. 
 
 Ill 
 
 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: — 
 
 il!!i!|j;: 
 
 illiii 
 
vr xmtmmmMmumiimm 
 
 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 
 
r^*^""--'*^-"-'^'-^ 
 
 
 114 
 
 JURISDICTION OF DISTRICT COURTS. 
 
 l.K-' 
 
 t / .* 
 
 • V •■'* 
 
 f :r: 
 
 
 ■"'••"hi 
 
 I '(•.XKI ill 
 
 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 
 
rvvr-Hf^atiii 
 
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 116 
 
 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 
 
■ ■ :'i^'X^..»i^-'»^%!W^!i'^m 
 
 I * J..-m 
 
 1;:' J 
 I. 'V, 
 
 Ml HI •*•••■ ' 
 
 '1 ■ ' 
 
 ,1. <»l-», 
 
 ;, iM ,,..■(••■ 
 
 118 
 
 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*. 
 
 cc: 
 
 „ l#l*«W. p. 
 
 • w >"* - 1 1 ti 
 
 !<»».> ,, n 
 
 • -••• ., .. 
 
 • »•• . i( 
 
 (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 
 
-;iiSf^'9f^m^mm^'i*^^ 
 
 120 
 
 JURORS IN DISTRICTS. 
 
 lis:; 
 
 -V 
 
 l.rv :- 
 
 (If---"*',. 
 
 'liiB' 
 
 CO 
 
 
 
 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. 
 
 ■ l**"* 
 
 
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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 
 
ii:s 
 
 ■tui. 
 
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 if 
 
 124 
 
 ADDITIONAL SITTINGS. 
 
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 r|*>»*» I, 
 «— «. 
 
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 j~^" V ■!'; i 
 
 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 
 
^^•M-^ *;£t 
 
 •|ia| • 
 
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 iztr. 
 
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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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 128 
 
 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 
 
 * :si: 
 
 •» 
 
 iztz 
 
 ■" 
 
 <::: 
 
 h 
 
 :5- 
 
 - 1 
 
 1. . 
 
 ( 
 
 
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 
 
 O.C.CA. — 9 
 
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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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 132 
 
 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: 
 
 c::: h 
 
 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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 134 
 
 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. 
 
 .<<(» 
 
 20 
 
 
 
 20 
 
 
 
 30 
 
 (1 
 
 .'50 
 
 
 
 10 
 
 20 
 
 .^0 
 
 50 
 (* 2.') 
 
 
 
 50 
 
 
 
 50 
 
 (1 
 
 10 
 
 o 
 
 00 
 
 1 
 
 00 
 
 1 
 
 (K) 
 
 15 
 
 10 
 
 20 
 
 20 
 
 75 
 
 10 
 
 50 
 
 (» 10 
 
 25 
 
 2.'> 
 
 50 
 
TAHIFF OF DISBUHSKMKNTS. 
 
 131) 
 
 20 
 L'(» 
 
 »l) 
 
 no 
 
 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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 T-A.TSIFP' C 
 
 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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 ::=- 
 
 ■ 1 
 
 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. 
 
'•'II 
 
 
 142 
 
 .^HKUIFFH TAIIIKK. 
 
 • •I* 
 
 :\ 
 -J 
 
 .1 
 
 : . ."■■• 
 |.,i •■"« 
 
 1 . J "I 
 
 ... ;H"» 
 
 l, ;....♦% 
 
 r.:::i 
 
 I't: KCji 
 
 .Tun IKS. 
 
 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. 
 
 i:c: 
 
 — id 
 
 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'-. 
 
 li:J 
 
 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. 
 

 :\ 
 
 
 
 ^i 
 
 
 ^* 
 
 •> 
 
 
 »T 
 
 ,, 
 
 •'• 
 
 
 l.» 
 
 ;■»• 
 
 
 !'•' 
 
 •" 
 
 (-<:' 
 
 -.» 
 
 
 
 .1 
 
 
 l'^ ■■■: 
 
 1 . i •'"•• 
 i!l> It**"'! 
 
 I l« . — •*,„ 
 
 ■.^ ' 'I 
 
 CO 
 
 
 r— 
 
 
! U 
 
 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 
 
 •i ' I 
 
'Mi: 
 C 
 
 'A 
 
 
 1 . i '» 
 
 1. 1 ', ,t«i« 
 
 IT- It'"' 
 
 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. 
 
 i:k: 
 
 1:9, 
 
 ;:5 
 
 I— "" 
 
 If •»■> .1 
 • ••■■ .. 
 
 4MW* ll 
 
 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. 
 
 ».»■ 
 
 »*• 
 
 I.» 
 
 ;■»« 
 
 fl«' 
 
 <• 
 
 Ui' 
 
 -•• 
 
 
 4 
 
 1"' 
 
 ^ 
 
 ' •■; 
 
 , .••• 
 
 1" 
 
 y .**1m 
 
 \t 9 * 
 
 , .H^O 
 
 o 
 
 
 .-1 
 
 
 I • <- 'Jim 
 
 
 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. 
 
 h' I 
 
 cc: 
 
 CD 
 
 • « mm' 
 ..•Ji 
 
 
 •Uuii 
 
 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. 
 
'>iyyf'.'T«>?tffitMwiBt 
 
 
 150 
 
 INDEX. 
 
 J 
 
 >■'■ 
 
 I 
 
 I..V •** 
 
 j.i.^l 
 
 ''•'■• !!!i 
 ■''■ - ■ 
 
 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. 
 
 CD 
 
 ..Ji 
 
 i:„: 
 
 Alt:: 
 
 
 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 
 
 * n 
 
1 
 
 f 
 
 
 
 ji:r 
 
 id:: 
 
 
 
 ill 
 
 i:c: 
 
 ..J! 
 
 • c 
 
 ' ■••••■J 
 
 
 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. 
 
J: ,~ 
 
 '"• .4, 
 
 
 J 
 
 
 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. 
 
 1 . i .-I 
 
 1 . - fut 
 
 ,,,'„,.--. 
 
 I : :> 
 
 r.t: 
 
 .< 
 i:c: 
 
 i:d 
 
 
 I. 
 
 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. 
 
 it q 
 J 
 
 
 ••• 
 
 ' ; r ■ 
 
 I . i —* 
 
 at *•*■'! 
 
 ;>.'^ii 
 
 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. 
 
 r.t: 
 
 .< 
 t:c: 
 
 • •2* 
 
 lit:: 
 
 JUDGMENT DI;BT0R- 
 
 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. 
 
 '«3:: 
 
 ttmi',, 
 • ■••■■J 
 
 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: 
 
 i>* 
 
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. 
 
'"Jl 
 
 hi' 
 
 if", .a 
 
 160 
 
 INDKX. 
 
 II'' 
 
 I > 
 
 I •' 
 
 ;>*" 
 
 
 t 
 
 1 . . ••"% 
 
 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. 
 
 rx 
 .< 
 
 CD 
 
 ..J! 
 
 ' ft » »«■ 
 
 ■'(:*:: 
 
 f *«^ •* 
 
 lilt: 
 
 lit:: 
 
 ^■•«« 
 
 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 
 

 ...„ „ 
 
 ■Mi •> 
 " J 
 
 162 
 
 INDEX. 
 
 !■• 
 
 t*» 
 
 !<• 
 
 :«• 
 
 . • 
 
 «« . .1 
 
 It: 
 
 "i 
 
 < • 
 
 ,."' 
 
 i'. 
 
 ., ..'■• 
 
 
 ;'5 , 
 
 : I 
 
 i:u: 
 
 1 1* •»«■ 
 
 
 
 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. 
 
i 
 
 ii:r - 
 
 iK.. 
 
 I' I 
 
 pt 
 
 1 Vy ,«. 
 
 ':;:3*' 
 
 1,,..-^ 
 if* ::i' 
 
 .< 
 
 CO 
 
 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. 
 
' 
 
 |K^ 
 
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 n 
 
 ** 
 
 '^9 
 
 t:. 
 
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 c 
 
 tVI 
 
 
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 t» 
 
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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.