CAP. XIV. The Court constituted. Absence of a Judge of the Court of Impeachment provided for. May make orders. Jurisdiction. may transmit An Act respecting the Court of Impeachment. ER Majesty, by and with the advice and consent follows: THE COURT. 1. The Court of Impeachment, heretofore established, existing when this Act takes effect, shall continue and be c the Court of Impeachment, and shall possess all the incid powers and privileges of a Superior Court of Record, shall be composed of the Chief Justice of Upper Canada Chancellor of Upper Canada, and the Chief Justice of the C of Common Pleas, and shall hold its sittings at the Cit Toronto as occasion may require. 20 V. c. 58, s. 11. 2. In case of the illness or unavoidable absence of of the Judges of the said Court, the Senior Puisne Judge of Superior Courts of Common Law, may, with like pow act instead of the Judge so ill or absent. 20 V. c. 58, s. 13 RULES. 3. The Court may make such rules and orders as may fr time to time be deemed necessary. 20 V. c. 58, s. 11. JURISDICTION. 4. In case any complaint for inability or misbehaviour The Governor office be preferred against any Judge of any County Court, a charges against if the Governor finds the same sufficiently sustained and any County sufficient moment to demand judicial investigation by 1 Court Judge. Court of Impeachment, he shall direct such complaint a all papers and documents therewith connected, to be transm ted to the Chief Justice of Upper Canada as President of t Court. 20 V. c. 58, s. 12. Sittings to be appointed as required. SITTINGS. 5. The Court of Impeachment shall thereupon appoi a day for the meeting of the Court, and at such sittings or any adjournment thereof, the Judges of the said Court sha proceed to the trial of the charges laid and set forth in th complaint, and to the hearing of the parties complainant an accused, their counsel, witnesses and proofs respectively, an shall adjudicate upon such complaint and charges. 20 V. 58, s. 12. JUDGMENT JUDGMENT. plained of. 6. If the complaint be for inability, the Court shall deter- Decision if inmine whether such inability has been proved, and if it has, ability is comshall state in the judgment of the Court the nature of the inability established, and whether the same is, in the opinion of the Court, of such a character as to render it expedient to remove such Judge. of. 7. If the complaint be for misbehaviour in office, the Court Ifmisbehaviour shall determine whether such Judge is guilty or not guilty of is complained the misbehaviour, and if not guilty, then, whether the conduct of such Judge is censurable or unbecoming. 8. The judgment of the Court shall be certified to the Gover- The decision to nor in Council, and shall be final and conclusive to all intents be certified to and purposes whatsoever. the Governor COSTS. for. 9. The said Court may award reasonable costs to be paid Costs provided by one party to the other, according to the nature of the adjudication, viz: If the complaint be adjudged false or vexatious, the accused shall be entitled to his costs of defence; if the conduct of the Judge complained against (whether he be found guilty or not guilty) be adjudged censurable and unbecoming, the complainant shall be entitled to his costs of prosecution. 20 V. c. 58, s. 12. TER Majesty, by and with the advice and consent of the follows: 1860 Courts conti- 1. There shall be in every County, or Union of Counties, in Existing Upper Canada, a Court of Law and of Record, to be styled . "The County Court of the County of "Counties of or United "(as the case may be); and the County Courts already established under such names respectively, and all existing Commissions, Judges and Officers of such County Courts, shall continue subject to the provisions of this Act. 8 V. c. 13, ss. 2, 72,-16 V. c. 20, s. 3. The Governor to appoint one or two Judges Tenure of The Senior To reside within the County. 2. The Governor shall from time to time appoint, und Great Seal, one person or two persons, being a Barri Barristers of at least five years' standing at the Bar of Canada, to be the Judge or Junior Judge in each of th Courts. 3. The Judges of the several County Courts holding when this Act takes effect, as well as Judges appointed the last section, shall hold their offices during good beha but shall be subject to removal by the Governor for ina or misbehaviour in case such inability or misbehavi established to the satisfaction of the Court of Impeachme the trial of charges preferred against Judges of County C 8 V. c. 13, ss. 2, 3,---20 V. c. 58, s. 10. 4. In case more than one Judge of the County Court b pointed for any County, then, unless otherwise expressed i Commission, the Judge whose Commission has pr of date shall be styled "The Judge of the County Co (as the case may be), and the other Jud the same Court shall be styled the Junior Judge thereof. V. c. 20, s. 1. 5. The Judge of the County Court, and the Junior Ju if there be one, shall reside within the County or Unio Counties for which he is appointed, and no such Judge s Not to practise during the continuance of his appointment, directly or indire under penalty. practise in the profession of the Law as Counsel, Attorney, citor or Notary Public under the penalty of forfeiture of of and the further penalty of four hundred dollars to be recov by any person who may suc for the same by action of det information in either of the Superior Courts of Common La one half of which pecuniary penalty shall belong to the p suing, and the other half to Her Majesty. 8 V. c. 13, s. 3,V. c. 20, ss. 1, 2. amunded ean 30/65 Junior Judge And the Coun- absence of the Senior Judge. Senior Judge Courts when 6. In case of the appointment of a Junior Judge for County, such Junior Judge may preside over all or any of Division Courts within the County, and shall, as regards such Division Courts, have the same duties, powers and auth ties as the Judge; and in case of the death, illness or unav able absence or the absence on leave of the Judge, such Ju Judge shall, during such illness or absence, hold the Cou Court, and shall perform and discharge all the other ordin duties and functions of, and shall exercise all the powers ves in, and do all acts required or allowed to be done by Judge of such County Court. 16 V. c. 20, ss. 1, 2,---20 V 58, s. 14,---22 V. c. 93, s. 60. 7. The appointment of a Junior Judge shall not prevent to hold Division excuse the Judge of the County Court from presiding any of the Division Courts within his County when the pul interests require it. 16 V. c. 20, s. 1. expedient. 8. In case no Junior Judge be appointed, the Governor A deputy may from time to time appoint a Barrister of at least three Judge may be appointed it years' standing at the Bar of Upper Canada, to be Deputy there is no JuJudge for any County, and such Deputy Judge shall hold office nior Judge. during pleasure, and in case of the death, illness or unavoidable absence, or the absence on leave of the Judge, shall perform all the duties of and incident to the office of Judge of the County Court and Division Courts and all acts required or allowed to be done by the Judges of the County Court and as effectually as a Junior Judge; but no such Deputy Judge shall be disabled from practising the profession of the Law while holding his appointment. 20 V. c. 58, s. 14. 9. No County Court Judge, Junior, or Deputy Judge, shall Oath of office. enter upon the duties of his office until he has taken the following oath before some person appointed by the Governor to administer the same, that is to say: 8 V. c. 13, s. 4,---20 V. c. 58, s. 15. “I, do swear that I will (in the case of a Deputy Form of. "Judge add the words "as occasion may require") truly and "faithfully, according to my skill and knowledge, execute "the several duties, powers and trusts of Judge of the County "Court of the County of or United Counties of "(as the case may be), and of the several Division Courts "within the same, without fear, favor or malice. So help "me God." 8 V. c. 13, s. 4,---20 V. c. 58, s. 15. 10. Every County Court Judge shall be paid by a certain Salaries. yearly salary of not more than two thousand six hundred dollars nor less than one thousand dollars, and the Governor in Council shall fix the amount of such salary, having due regard as well to the population of the several Counties as to the amount of fees received from the County Court and Division Court "Fee Fund" for the respective Counties. 8 V. c. 13, ss. 61, 66,-19 V. c. 90, s. 22,---See 18, 14 V. c. 53, s. 12. 11. The Governor in Council may, within the limits afore- May be insaid, increase the salary of any such Judge, and as vacancies creased or dioccur may diminish such salary. 13, 14 V. c. 53, s. 12,---19 V. c. 90, s. 22. minished. allowed. 12. In case the Governor in Council is satisfied that under Travelling exthe provisions hereinafter contained, an allowance for travelling penses may be expenses ought to be made, then a sum not exceeding two hundred dollars a year may be paid to any of the said Judges over and above his salary, to be paid in the same manner and out of the same fund as the salary of such Judge, as indemnity for his travelling expenses in holding Division Courts, due regard in fixing the amount being had, to the extent, population, amount of business and other circumstances of the several Counties and Divisions; and, within the limits aforesaid, the amount fixed for Terms of the Judgments may be pronounced in vacation. The Courts to for travelling expenses may be from time to time increas diminished. 16 V. c. 177, s. 25. TERMS. 13. The several County Courts shall hold four Term each year, to commence respectively on the first Monda January, April, July and October, and end on the Saturda the same week. 20 V. c. 58, s. 17. 14. The Judges of the several County Courts may, du each Term, appoint one or more days within a fortnight ensuing the last day of such Term, on which Judgments be given; and, on the days appointed, the said Judges sit as of Term, for the purpose only of giving Judgments of making Rules and Orders in matters previously moved argued in their respective Courts during the term; and Judgments, Rules and Orders pronounced and made on s days shall have the same effect as if pronounced or mad Term time. 20 V. c. 58, s. 18. SITTINGS. 15. The Sittings of the said County Courts for the trial hold 4 sittings issues, in fact, and the assessment of damages, shall be h annually on the second Tuesday in the months of Mar June, September and December. 20 V. c. 58, s. 16. for the trial of causes. JURISDICTION. Jurisdiction restricted. Jurisdiction allowed. 16. The said Courts shall not have cognizance of any actio 1. Where the title to land is brought in question; or, 2. In which the validity of any devise, bequest or limitati under any will or settlement is disputed; or, 3. For any libel or slander; or, 4. For criminal conversation or seduction; or 5. Of any action against a Justice of the Peace for an thing done by him in the execution of his office if he objec thereto. 8 V. c. 13, ss. 50, 5,-19 V. c. 90, s. 20,-16 V. 180, s. 9,-12 V. c. 66, s. 7,-And see 13, 14 V. c. 52. 17. Subject to the exceptions contained in the last preced ing section, the County Courts shall have jurisdiction and hold plea : 1. In all personal actions where the debt or damages claim ed do not exceed the sum of two hundred dollars; |