"will" shall comprehend" testament," and all other tamentary instruments of which probate may now be grante "administration" shall comprehend all letters of admi tration of the effects of deceased persons whether with without the will annexed, and whether granted for gene special or limited purposes,---" matters and causes testam tary" shall comprehend all matters and causes relating to grant and revocation of Probate of wills or letters of ad nistration,-" common form business" shall mean the busin of obtaining Probate or administration where there is no c tention as to the right thereto, including the passing of P bates and administration through a Surrogate Court when contest is terminated, and all business of a non-contentic nature to be taken in a Surrogate Court in matters of testa and intestacy not being proceedings in any suit, and also t business of lodging caveats against the grant of Probate administration,--" County" shall comprehend two or mo Counties united for Judicial purposes, and the Rules of co struction laid down by the Interpretation Act of Canada sha be applicable to this Act. 22 V. c. 93, s. 67. Short title of this Act. SHORT TITLE. 87. In citing this Act in any instrument or document proceeding, it shall be suflicient to use the expression "th Surrogate Courts Act." 22 V. c. 93, s. 70. SCHEDULE A. Fees to belong to and to be paid over to fee fund. TO BE RECEIVED BY REGISTRARS. On every application for Probate or administration cts. 0 50 On certificate of Surrogate Clerk upon such appli- 0 50 On every instrument or process with Seal of Court, 0 50 .... 0 50 postage.. TO BE RECEIVED BY SURROGATE CLERK. On every search for grant of Probate, administration, guardianship or other matter in clerk's office (other than searches on applications of registrars)........ On every certificate of search or extract.... (if exceeding three folios, per folio 10 cents.) On every order made on application to a Judge in Chan- On every decree on appeal and transmission, exclusive of postages... On entry of Caveat.. 50 0 50 Fees to belong and to be paid over to the fund to provide for the On every Certificate issued by the Surrogate Clerk in On every order made on application to a Judge in On entering every appeal.. 0 50 0 25 0 50 On every Decree or Order on Appeal. 22 V. c. 31, (1859.) 1 0 On SCHEDULE B. Fees allowed to Judge. every grant of Probate or administration where property devolving is under $1200, the sum of $2; from $1200 to $4000, the sum of $3; where above $8000, the sum of $7; on every appointment of a guardian, $2; on every order, 50 cents; on every special attendance, or for purpose of audit, $1; for every days sittings in contentious or disputed cases, $2; together with 20 cents per folio on evidence, if taken, before Judge CAP. XVII. An Act relating to the Court of General Quarter Sessions of the Peace. ER Majesty, by and with the advice and consent of the follows: COMMISSIONS OF THE PEACE. Right to my heasmes, and Capital felonie 1861 Atolestura Pale. 14 Courts con- 1. The authority under which Commissions of the Peace Former Comhave been issued and the authority under which the Courts of missions and General Quarter Sessions of the Peace have been holden and are now held in Upper Canada, and all matters and things done by, or by virtue of the same, shall be so far as relates to the authority under which such Commissions were issued and such Courts have been holden, good and valid. 41 G. 3, c. 6, s. 1. For Purposes of outlawry, Quarter Ses 2. The Courts of General Quarter Sessions of the Pead the several Counties of Upper Canada, shall be in the p sions substitut- and stead of the County Courts of England, as far as resp ed for County any purpose of outlawry, or any proceedings therein. 3, c. 2, s. 2. Courts in When to be held. Where to be held. Who to be No order by Magistrates to be rescinded unless at least same number be present. WHEN COURTS TO BE HELD. 55 3. The Courts of General Quarter Sessions of the Peace and for the several Counties, shall be held on the second T day in the months of March, June, September and Decem in each year. 20 V. c. 58, s. 16. PLACE OF HOLDING. 4. The Court of General Quarter Sessions of the Peace s be held in the County Town of the County, but in time of wa other exigency, the Governor may, by Proclamation under Great Seal, authorize the holding the Court at some o place in the County. 7 W. 4, c. 11, ss. 2, 4. WHO TO BE CHAIRMAN. 5. The Judge of the County Court of every County, a in case of his death or absence, the Junior or the Deputy Jud (as the case may be) officiating in the Office of County Co Judge, shall preside as Chairman at the General Quarter S sions of the Peace for the County, but in case of the absen from sickness or other unavoidable cause, of the Judge of t County Court and of the Junior and the Deputy Judge there if such there be, the Justices present shall elect another Cha man pro tempore. 8 V. c. 13, s. 3,---16 V. c. 20, s. 2,---20 c. 58, s. 14. RESCINDING ORDERS OF COURT. 6. Whenever any order has been passed or recorded by a number of Magistrates in any County in Upper Canada, t same shall not be rescinded unless at least the same numb be present. 7 W. 4, c. 18, s. 4. READING COMMISSION. 7. It shall not be necessary in opening any Court Reading the Commissions Quarter Sessions, to read the commission of the Peace, dispensed with. any other commission issued for the County for whi such Court is held; but such Court shall have the san powers and authorities, and proceed in the same manner, as such commission had been read. 18 V. c. 92, s. 39. The Court not liver the Gaol. DELIVERY OF GAOL. S. It shall not be necessary for any Court of Quarter Se required to de- sions to deliver the Gaol of all prisoners who may be confine upon charges of simple larceny, but the Court may leave an such cases to be tried at the next Court of Oyer and Termin and General Gaol Delivery, if by reason of the difficulty importance of the case, or for any other cause, it appears 1 them proper so to do. 7 W. 4, c. 4, s. 5. CLER CLERK OF THE PEACE. 9. No person shall after this Act takes effect be appointed Clerk of the a Clerk of the l'eace for any County who is not a Barrister Peacc. at law of not less than three years' standing at the Upper Canada Bar; and every Clerk of the Peace so appointed shall be ex officio County Attorney for the County of which he is Clerk of the Peace. 20 V. c. 59, s. 9. CONSTABLES. 10. The Court of General Quarter Sessions of the Peace, at Court to appoint High their sittings in the month of March in each year, shall nominate Constable, and and appoint a High Constable for their respective Counties, and Constables. a sufficient number of Persons in each Township, Incorby porated Village, Police Village and Place within their respec Repeated tive Counties, not being Cities or Incorporated Towns, to serve Cap. 8-1866. the Office of Constable therein, and each of such High Constable shall take the following oath which any Justice of the Peace Jan 48 and Constables respectively, before entering upon his cffice, Also see may administer : "You shall well and truly serve our Sovereign Lady the Oath of "Queen in the office of for the of for the year ensuing according to the best of your skill and "knowledge. So help you God. "Sworn before me 1861 the and 20 V. c. 58, s. 16,---33 G. 3, c. 2, s. 10. CAP. XVIII. An Act respecting Insolvent Debtors Courts. TER Majesty, by and with the advice and consent of the follows: PETITION AND CESSIO BONORUM. 1. In case any person indebted : 1. Gives notice according to the form (No. 1) to one fourth Insolvent in number and value of his creditors, and causes such notice to debtors may be inserted twice in the Canada Gazette and twice in some through the apply for relief newspapers circulating within the County wherein he resides Judges of the and had resided for the then last preceding twelve months; County Courts and Petition to ty Court. 2. In case such person presents to the Judge or acting J Judge of Coun- of the County Court of such County, a Petition for prote from process in the form (No. 2), and sets forth therein proposal he has to make for the payment of his debt whole or in part; and Schedule. To be verified by affidavit. To be annexed together. On filing the tion may be granted. 3. In case he annexes to such petition a full and Schedule of his debts, with the names of his creditors and dates of contracting the debts, and the security (if any) g for the same, and also the nature and amount of his prope with the debts owing to him, their dates, the names of debtors, and the nature of the securities (if any) which he received for such debts; and 4. In case such petition and Schedule be verified by affidavit of the petitioner in the form (No. 3) sworn before Judge of a Court of record or of the Court of Chancery Upper Canada, or before a Commissioner for taking affida in any of such Courts, or before any Clerk or Officer of a such Courts otherwise authorized to administer oaths; and 5. In case such affidavit be annexed to such petition a Schedule at the time of filing the same; Then on the filing thereof, such Judge or acting Jud whole, Protec- may give a protection to the petitioner from all proce whatever, either against his person or his property of a description, and such protection shall continue in force, a all process be stayed accordingly until the appearance the petitioner as hereinafter provided. 7 V. c. 10 s. 69, a Forms Nos. 1, 2, 3,-8 V. c. 48, ss. 1, 2. If petition not 2. If the petition and affidavit be not in the form prescribe in due form, to the petition shall be dismissed. 8 V. c. 48, s. 2. be dismissed. When the Jud Schedules to be amended. 3. In case a debt of, or a claim upon, or balance due from ges may allow a petitioner has been specified in his Schedule sworn to as afor said, at an amount which is not exactly the actual amount thereo without any culpable negligence or fraud or evil intention o the part of the petitioner, the Judge shall allow the Schedul to be amended in that behalf; and in every case in which a amendment of the Schedule is allowed, the petitioner shall b entitled to every benefit and protection of this Act; and th creditor in that behalf shall be entitled to the benefit of al the provisions made for creditors by this Act, in respect of the actual amount of such debt, claim or balance, and neithe more nor less than the same. 8 V. c. 48, s. 36. If a petitioner dies, the procontinue as if ceedings to living. 4. If any petitioner dies after filing his Petition, the Judge may proceed in the matter of the petition for the dis covery and distribution of his property as if the petitioner were living. 8 V. c. 48, s. 13. |