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The Pamphlet Collection of Sir Robert Stout: Volume 47

Magistracy

Magistracy.

Chap. 4.—All Judges of the Supreme Court of Canada, and of the Superior Courts of Law and Equity of Ontario, are ex officio J. P. for every county in the Province. No action for damages may be brought against a judge or J. P. when acting under a statute which is afterwards found to be beyond the authority of Parliament or the Legislature to make, unless it might have been brought had the Act been valid; and damages' must be in like manner limited. This enactment is made retroactive. Actions begun may be discontinued with or without costs in the discretion of the Court. No. J. P. shall be deprived of the exemption from prosecution under the Rev. Stat c. 73, although his proceedings are informal, if in the opinion of the court, he acted in good faith, and the facts stated by the complainant to him, and intended to be set forth in the complaint, would give him jurisdiction. The complainant and prosecutor are liable as if the facts had been so set forth. When a conviction is quashed, the Court has power by its judgment to exempt the J.P. from prosecution, and a complainant may not be sued in trespass because of an arrest under a warrant based on a complaint informal as above J. P's. are entitled to 50 cts. for hearing and determining a case whether a conviction is obtained or no. In the absence of a Police Magistrate two or more J. P. may act for him, if one has not jurisdiction. A new oath of office is provided for J. P. Oaths of office and qualification are forthwith to be filed in the office of the clerk of the Peace. J. P. page 87 for Nipissing file theirs with the C. of P. for Renfrew. A Police Magistrate may be appointed by the L. G. in C. for any county or part of county without salary, unless one is voted by the Legislature or municipal authority. He is ex-officio a J. P. with jurisdiction of two or more J. P. for the whole County, though only appointed for a part. J. P. are not to interfere with proceedings in a case of which he is seized, except in General Sessions or in his absence or illness or at his request. Nor may he interfere in cases before the Police Magistrate of any city, town or village. except at General Sessions; but he may hold his Court there to try cases arising outside. He has power to try offences against municipal by-laws, for refusing to serve a municipal office or to make declaration of qualification and office. He need not possess property qualification, or reside within the county.