The Pamphlet Collection of Sir Robert Stout: Volume 47

Judiciary of the Dominion

Judiciary of the Dominion.

Supreme Court of Canada.

This Court established by 38 Vic, chap. 11, is composed of a Chief Justice and five Puisne Judges, five of whom constitute a quorum. It has an appellant, civil and criminal jurisdiction within and throughout the Dominion, from every Court in cases from Quebec, the subjects in dispute must be $2,000 and over. The Court has also original jurisdiction in exchequer matters and in disputes between provinces. (Secs. 54, 55, 56, 57, 58, &c) Chief Justice—Hon. Sir W. B. Richards; Puisne Judges—Hon. W. J. Ritchie, Hon. S. H. Strong, Hon. Telesphore Fournier, Hon. W. A. Henry, Hon H. E. Taschereau. Registrar R. Cassels, jr.

Ontario.

Court of Error and Appeal.

Constituted for the hearing of appeals in civil cases from the Court of Queen's Bench, Chancery and Common Pleas; and appeals in criminal cases from the Courts of Queen's Bench and Common Pleas. From the judgment of the Court, an appeal lies to Her Majesty in Privy Council, in cases over £1.000 or where annual rent, fee or future rights of any amount are affected. Judges—Hon. Thos. Moss, Chief Justice of Appeal in Ontario; Hon. Jos. C. Morrison, Hon. Q. W. Burton, Hon. C. B. Patterson. Registrar—Alexander Grant.

Court of Queen's Bench.

The jurisdiction of the Court extends to all manner of actions, causes and suits, criminal and civil, real, personal and mixed within Ontario, and it may proceed in such, by such process and course as are provided by law, and as shall tend with justice and despatch to determine the same; and may hear and determine the issue of law, and also with the inquest of twelve good and lawful men (except in cases otherwise provided for) try all issues of fact, and give Judgment and award execution thereon, and also in matters which relate to the Queen's Revenue (including the condemnation of contraband or smuggled goods) as may be done by Her Majesty's Superior Courts of Law in England. Chief Justice—Hon. R. A. Harrison. Puisne Judges—Hon. Adam Wilson and Hon. J. D. Armour. Clerk of the Crown and Pleas—Robert G. Dalton, Esq., Q.C. Senior Clerk and Taxing Officer—Alexander Macdonnell. Junior or Docketing Clerk—John Small. Crier and Usher-Andrew Fleming.

Court of Common Pleas.

This Court has the same powers and jurisdiction, as a Court of Record, as the Court of Queen's Bench. Writs of summons and capias issue alternately from either Court. Chief Justice—Hon. John Hawkins Hagarty, D.C.L. Puisne Judges—Hon. J. W. Gwynne, and Hon. Thomas Gait. Clerk of the Crown and Pleas for the Common Pleas—Monsell B. Jackson, Esq. Senior Clerk and Taxing Officer—H. B. Clark. Junior or Docketing Clerk—B T. Jackson. Crier and Usher—P. Connell.

Court of Chancery.

This Court has the like Jurisdiction as the Court of Chancery in England, in cases of fraud, accident, trusts, executors, administrators, co-partnerships, accounts, mortgages, awards, dower, infants, idiots, lunatics and their estates, waste, specific performances, discovery, and to prevent! multiplicity of suits, staying proceedings at law prosecuted against equity and good conscience, and may decree the Issue, repeal or avoidance of letters patent, and generally the like powers which the Court of Chancery in England possesses to administer justice in all cases in which there is no adequate remedy at law. Chancellor—Hon. John G. Spragge. Vice-Chancellors—Hon. S. H Blake, Hon. W. Proudfoot. Referee in Chambers and Referee of Titles—R P. Stephens. Clerk in Chambers—Fulford Arnoldi. Registrar—G. S. Holmstead. Deputy Registrars—A. F. McLean, G. M. Lee. Docketing Clerk—W. D. Crofton. Clerk of Records and Writs—A. Holmstead. Asst. Clerk—J H. Beaven. Entering Clerk—G. W. Keegan. Special Examiners—John Crickmore, Barrister; J. Hutcheson Eston, Barrister, and G. W. Evans. Usher—R. Parkes. Taxing Officer—W. M. Ross. Clerk—J. P. Macdonell. Junior Clerk—B. M. Ross.

Master in Ordinary—T. W. Taylor, M. A. Local Masters and Deputy Registrars: Algoma Hon. W. McCrea. Barrie—J. R. Cotter. Belleville—S. S. Lazier. Berlin—Judge Lacourse. Brampton—A.. F. Scott. Brantford—S. J. Jones. Brockville—Jacob Dockstader Buell. Chatham—R. O'Hara. Cobourg and Peterboro—Wm. H. Weller. Cornwall—J. F. Pringle. Goderieh—H. McDermott. Guelph—James W. Hall. Hamilton—M. O'Reilly, Q. C. Kingston—James A. Henderson, D C.L. Lindsay—Judge Dean. London—James shanley. L'Original—Judge Daniell. Milton—J. Miller. Napanee—S. S. Lazier. Niagara—J. A. Woodruff. Ottawa—W. M. Matheson. Owen Sound J. Mason. Perth—Judge Senkler. Picton—S. Lazier. Simcoe—C. C. Rapelje. Sandwich—Samuel S. Macdonnell, L. L. D. Sarnia—P. T. Poussett. St. Catherines—F. W. Macdonald— S Thomas—James Shanley. Stratford—Judge Lizars. Sault Ste. Marie, Algoma—Hon. W. McCrea. Walkerton—Wm. Allan McLean. Whitby—George H. Dartnell. Woodstock—H. B. Beard. Pembroke—T. Deacon. Accountant—R: P. Stephens, Accountant's Clerk—B. W. Murray.

Court of Error and Appeal.

Terms of the Courts—This court holds its sittings on the loth days of March, June, September and December, and it may adjourn such sitting from day to day, or for any such longer period as it may deem expedient, and may also appoint days for giving judgment or for disposing of business as in its discretion it snail see fit.

Law Terms.

Hilary begins first Monday in February and ends Saturday of the ensuing week: Easter begins 3rd Monday in March, and ends Saturday of the second week thereafter; Trinity begins first Monday after 21st August, and ends Saturday of the following week; Michaelmas, begins third Monday in November and ends Saturday of the second week thereafter. The Administration of Justice Act. 36 Vic., c. 8, and the amendment to that Act 37 Vic., c 7 direct the Courts of Queen's Bench and Common Pleas to hold sittings in time of vacation (except long vacation, to appoint a single judge to sit once a week in and out of term to hear certain business named in the statutes).

Chancery Terms.

Re-Hearing Terms.—Third Tuesday in February, last Thursday in August, and first Thursday in December. The court also sits every Tuesday (except during the regular vacation) throughout the year for hearing motions; on Wednesday for hearing pro confesso on bill and answer, motions for decree, further directions, petitions, demurrers; and on Thursday, for Appeal from Masters' Reports.

Long Vacation.

Extends from the 1st July to the 21st of August.

County Court Terms.

The several County Courts in Ontario hold semi-annual terms, to commence on the first Monday in January and July, and end the following Saturday, except county court of the county of York, which holds three terms, to commence respectively, on the first Monday in January and April, and the last Monday in August and ending on the Saturday of the same week. Lincoln, first Tuesday in June and December. Welland, second Tuesday in June and December, and Haldlmand, third Tuesday in June and December.

Law Circuits.

Circuits of the Courts.—Courts of Assize and Nisi Prius and of Oyer and Terminer and general Gaol Delivery, shall be held twice a year in each county or union of counties, in the vacation between Hilary and Easter Terms, and in the vacation between Trinity and Michaelmas Terms, except in the county of York in which county there shall be a third such court in every year, between Easter Term and the first of July, and fourth in the vacation between Michaelmas and Hilary Terms; and in the county of Wentworth, in which there shall be a third such court, in the vacation between Michaelmas and Hilary Terms. There are eight circuits as follows: The Eastern—Cornwall, L'Orlgnal, Ottawa, Pembroke, Perth Midland—Belleville, Brockville, Kingston, Napanee, Picton. Victoria—Hampton, Whitby, Cobourg, Lindsay, Peterboro. Brock—Owen Sound, Stratfo d, Woodstock, Walkerton, Goderieh. Niagara—Hamilton, Milton, St. Catharines. Welland, Cayuga. Waterloo—Barrie, Berlin, Guelph, Stratford, Simcoe. Western—Chatham, London, Sandwich, Sarnia, St Thomas. Home—Toronto

The court in each District shall be presided over by one of the chief Justices or judges of the superior courts, or in their absence, by some one judge, including Judges of the Court of Appeals of the County Court, or some one of Her Majesty's counsel learned in the law, requested by any one of the chief justices or judges of the superior courts to act in that behalf.

Chancery Circuits.

For the examination of witnesses and hearing causes are held In the spring and autumn of each year, as follows:—

Toronto, Belleville, Brockville, Cornwall, Cobourg, Kingston, Ottawa, Peterboro, Chatham, Goderieh, London, Sandwich, Sarnia, Slmcoe, Stratford, Woodstock, Barrie, Brantford, Guelph, Hamilton, Lindsay, Owen Sound, St. Catharines, Whitby.

The courts in each circuit are presided over by the chancellor or one of the vice-chancellors, or by any one of Her Majesty's counsel learned in the law, requested by the chancellor or one of the vice-chancellors to act in that behalf.

Commissioners in the Province of Ontario for Taking Affidavits to be Used in Courts of the Province of Quebec.

R. Snelling, LL.D., barrister, Toronto; Larratt W. Smith, D.C.L., barrister. Toronto; James Henry Morris, barrister, Toronto; James A. Henderson, D.C.L., barrister, Kingston; James Jessup, Brockville: J. D. Buell. M.P., Brockville.

Law Society.

Treasurer.—

Secretary and Librarian.—J. H. Esten, Esq.

Heir and Devisee Commission.

Commissioners.—The Chief Justice of Appeal, and the Judges of the Courts of Queen's Bench. Chancery and Common Pleas. Their duties are to determine claims to lands in the Province of Ontario, for which no patent has issued from the Crown, in favor of the proper claimants, whether as heirs, devisees, or assignees. Cierk.—William B. Heward.

County Courts.

Their jurisdiction is similar to the Court of Queen's Bench but is limited in amount, and does not include cases involving the title to lands (with the exception of actions of ejectment in specified cases, validity of wills, or action for libel, crim.con. or seduction.) An appeal lies in certain cases to either of the superior courts of law.

Insolvency Courts.

These Courts regulate proceedings respecting assignments for the benefits of creditors, the winding up of the estates of insolvent debtors, &c. They are established in each county, and are presided over by the County Judges.

Surrogate Courts.

There is a Surrogate court In each county which grants probate or administration, and has testamentary jurisdiction subject to an appeal to the Court of Chancery The county Judge presides. There is a Registrar to each court, besides the Surrogate Clerk (Sir James Lukin Robinson), who is an officer of the Court of Chancery.

Courts of General Sessions.

Chairman—The county Judge in each county, who with one or more Justices of the Peace holds a Court or General Session in his county twice a year (except in the county of York, where three courts will be held in the year; for trials by Jury in cases of felony and misdemeanor, and for the decision of appeals from summary convictions of Magistrates.

County Judges' Criminal Courts.

Any person charged with an offence for which he might be tried at a Court of General Sessions of the Peace may, with consent, obtain a speedy trial out of Session before the Judge alone.

Division Courts.

For the summary disposal of cases by the county Judge; but a Jury of five persons may be demanded in certain cases. Their jurisdiction embraces, with several exceptions, all actions of debt or contract amounting to $10; and torts to $40. These courts have a limited jurisdiction to replevin, and power to garnishee debts. Each Judicial district is divided into court divisions, and courts are held once in two months in each Division, or oftener, in the discretion of the Judge.

Maritime Court.

His Honor Kenneth Mackenzie under Maritime Jurisdiction Act of 1877. John Bruce, Esq., Registrar; William Boyd, Marshal.

Quebec.

Court of Queen's Bench.

Judges.

Puisne Judges.

Hon. Samuel C. Monk. Hon. T. K. Ramsay. Hon. Ulric Joseph Tessier, Hon. Alex. Cross.

Appeal Side.

Montreal—11th to 22nd of March, June; September and December.

Quebec.—13th to 18th March, June, September and December.

Crown Side.

Where held. When held.
Quebec 27th April and October.
Montreal 24th March and 24th Sept.
Three Rivers 23rd March and Sept:
Sherbrooke 1st April and 11th Oct.
Kamouraska 23rd June and 18th Dec.
Rlmouskl 14th March and Nov.
Aylmer 21st January and 1st July.
Perce 13th March and 13th Aug
New Castle 13th Jan'y and 13th Sept.
St. Etlenne de Malbale 5th Feb. and 22nd June.
Chlcoutlmi 15th January.

Superior Court.

Jurisdiction for sums exceeding $200 under Chap. 78 of the Consolidated Stat tiles for Lower Canada.

Hon. Wm. Collis Meredith, Chief Justice.

Puisne Judges.

  • Hon. Andrew Stuart,
  • Hon. Antoine Polette,
  • Hon. Thomas J. J. Loranger,
  • Hon. Louis Victor Sicotte,
  • Hon. Francis C. Johnson,
  • Hon. Jos. N. Bossé,
  • Hon. Robert Mackay,
  • Hon. Frederick W. Torrance,
  • Hon. Louis N. Casault,
  • Hon. C. Dunkin. P. C.,
  • Hon. A. B. Routhier,
  • Hon. A. Olivier,
  • Hon. Thomas McCord,
  • Hon. M. A. Plamondon,
  • Hon. L. B. Caron,
  • Hon. Marcus Doherty,
  • Hon. Louis Belanger,
  • Hon. Hubert Wilfrid Chagnon,
  • Hon. Henry Felix Rainville,
  • Hon. Jean Bte. Bourgeois,
  • Hon. Augustin Cyrille Papineau.
  • Hon. Hon. L. Jetté,
  • Hon. Hon. M. Laframboise,
  • Hon. Hon. H. T. Taschcreau.

Montreal.—Hochelaga, Jacques Cartier, Laval, Vaudreuil, Soulanges, Laprairie, Chambly. and Verchéres and city of Montreal, held from 16th January to 20th April, from 1st May to 80th June, and from 1st September to 20th December inclusive.

Quebec.—Portneuf, Quebec, Montmorency, Lévis, Lotoiniére, and city of Quebec, held at Quebec, from 1st to 5th of every month, except January, July and August.

Three Rivers.—Maskinonge, St. Maurice, (including the city of Three Rivers) Champlain and Nicolet, held at Three Rivers from 11th to 22nd March, June, September and December.

St. Francis.—Richmond, including town of Sherbrooke, Wolfe, Compton and Stanstead, held at Sherbrooke. from the 10th to 14th January, March, May, September and November.

Kamouraska.—Kamouraska and Temiscouata. held at Kamouraska from 19th to 22nd or March, June and September, and from 14th to 17th December.

Ottawa.—Ottawa and Pontiac, held at Aylmer, from 13th to 19th February, June and November; from 20 th to 25th April; from 6th to 11th October, and from 16th to 20th December.

Chicoutimi.—Chicoutimi, held at Chicoutimi, from 12th to 14th January.

Gaspé.—Gaspé and Bonaventure, held at Perce, from 13th to 19th March and August, and from 18th to 24th December. At New Carlisle, from 13th to 19th January, 10th to 16th June, and 13th to 19th September.

Terrebonne.—Argenteuil, Two Mountains and Terrebonne, held at st. Scholastique from 20th to 25th January, March, June and October.

Joliette.—L'Assomption, Montcalm and Joliette, held at Jollette, from 15th to 20th January, March, May, Sept. and Nov.

Richelieu.—Yamaska and Berthler, held at Sorel, from 1st to 11th of each month, except January, July and August.

Saguenay.—Charlevoix and Saguenay, held at Malbaie, from 31st January to 4th February, 17th to 21st June, 5th to 8th September and 8th to 12th September.

Rimouski.—Rimouski, held at Rimouski, 7th to 20th March, June and November.

Montmagny.—L'Islet. Montmagny and Bellechasse, held at Montmagny, from 13th to 19th February, May and November, and from 1st the 7th September.

Beauce.—Beauce and Dorchester, held at St. Joseph de la Beauce, from 13th to 19th March, June and October.

Arthabaska—Megantic, Arthabaska and Drummond, held at Arthabaskaville from 20th to 25th March, June, September and December.

Bedford.—Shefford, Missisquoi, and Brome, held at Nelsonville second Monday and five following days of January, April, June and October.

St. Hyacinthe.—St. Hyacinthe, Bagot, and Rouville, held at St. Hyaclnthe from 1st to 6th February, April, June and Nov.

Iberville.—St. Johns. Napierville and Iberville, held at St. Johns from 20th to 25th January, March, May, September and November.

Beauharnois.—Huntingdon, Beauharnois, and Chateauguay, held at Beauharnois from 23rd to 28th February, May, September and December.

Nova Scotia.

Supreme Court.

The Hon. Sir W. Young, Knt., Chief Justice, and Judge of Vice Admiralty; Hon. J. W. Ritchie, Judge in Equity.

Puisne Judges.—Hon W. F DeBarres; Hon Hugh McDonald; Hon. Alex. James; Hon. H. W. Smith; Hon. R. L. Weatherbe.

New Brunswick.

Supreme Court.

The Hon. J. C. Allen, Chief Justice, and Judge of Vice Admiralty.

Puisne Judges—Hon. J. W. Weldon; Hon. Chas. Fisher; Hon. A. R. Wetmore; Hon. Charles Duff.

Manitoba.

Court of Queen's Bench.

The Hon. E. B. Wood, Chief Justice.

Puisne Judges—Hon. J. McKeagney; Hon. L. Betournay.

Prince Edward Island.

Supreme Court of Judicature.

The Hon. E. Palmer, Chief Justice.

Puisne Judges—Hon. J. H. Peters; Hon. Jas. Hensley.