Fund. 59. There shall be payable on every proceeding under this Fees to Fee Act in a County Court, the fee hereafter set down for such proceeding, and such fee shall be received by the Clerk and belong to and be paid over to the Fee Fund, namely: 16 V. c. 119, s. 20. Every claim filed.... Every Writ of Summons, or other Writ under the Seal of the Court,.... Every Order or application for, Order,.. Every Hearing, one dollar; to be increased in the dis- Every Sitting in taking an account, or other Sittings, 16 V. c. 119, C...... 1 0 60. The Clerk of every County Court shall keep a separate How accounts account of the said fees, and shall render an account thereof to to be kept, &c. the County Attorney, and shall pay over the amount thereof to him, under the same liabilities, securities and conditions, and to be accounted for in like manner as the present General Fee Fund of the County, and the several provisions in relation to the receiving, accounting for and paying over fees, and in relation to the responsibilities and duties of the County Attorney and Clerks, shall apply to the last mentioned fees under this Act. 16 V. c. 119, s. 20,---20 V. c. 59. 61. There shall be payable to the Clerk of every County Fees to Clerk. Court, and to the Sheriff of every County respectively, for his own use, the fees hereafter set down, namely: 16 V. c. 119, &. 21. Preparing Order, per folio for every folio over three,.. 0 261 Taking any Affidavit other than an oath in open Court, Every Search,.... Recording every final Order or Decree,.. Other Orders..... 0 20 0 10 0 20 0 10 Every Certificate not exceeding three folios,......... Every Special Writ, Writ of Execution or other Special Taxing costs,.. Every attendance on reference,... To Sheriff. Attorney and Solicitor. Every Verdict taken,... FEES TO THE SHERIFF. Every Summons or Order served, including Return,.. 0 50 Every Jury sworn, 0 50 0 25 25 Every Execution or Judgment Order received,. . . . . . . For any other service, a sum to be fixed by Order of the Judg not exceeding the present allowance by Statute for a simila service.. 16 V. c. 119, D. 62. The costs to be paid to Attorneys and Counsel in the County Courts, as between party and party, for proceeding under this Act, shall be as follows: 16 V. c. 119, s. 21. Fee on Common Motions,........ Copy of every paper when necessary, half the amount 0 25 allowed for the Original; Bill of Costs,.... Postages actually paid. 0 20 COUNSEL COUNSEL. Fee on Special Applications, Arguments, Hearings, &c., Counsel. two dollars, to be increased at the discretion of the Judge to five dollars 16 V. c. 119, E. 63. If any suit or proceeding be commenced in the Court of Costs restrainChancery for any cause or claim which might have been entered ed. in a County Court, no costs shall be taxed against the Defendant in such suit or proceeding, and the Defendant, if he succeeds in the suit, shall be entitled to a Decree against the Plaintiff for his costs, as between Attorney and Client, unless the Court of Chancery be of opinion that it was a fit cause or claim to be withdrawn from a County Court and entered in the Court of Chancery. 16 V. c. 119, s. 22. 64. The several provisions of law respecting the powers, The Common practice and proceedings of the County Courts, under their Law powers Common Law Jurisdiction, shall, so far as applicable to an apply so far as equitable jurisdiction, apply to the said Courts in the exercise applicable. of their Equity Jurisdiction. 16 V. c. 119, s. 23. and practice to 65. The rules and orders made by the Court of Chancery, Existing rules and now in force for the regulation of the practice of the continued. County Courts in suits in equity, shall continue until altered under the authority of this Act. 66. In construing this Act, unless there be something in the Interpretation subject or context repugnant to such construction, the word clause. "affidavit," includes affirmation, the word "legacy," includes an annuity and a specific as well as a pecuniary legacy; the word "legatee," includes a person interested in a legacy; the words "residuary legatee," include a person interested in the residue; and the word " County," includes two or more Counties united for judicial purposes. 16 V. c. 119, s. 24. 3.- APPEALS FROM THE COUNTY COURTS. 1. TO A SUPERIOR COURT OF COMMON LAW. from the Coun perior Courts 67. In case any party to a cause on the Common Law side In what cases in any of the County Courts is dissatisfied with the decision of an appeal lies the Judge upon any point of law arising upon the pleadings, or ty Courts to respecting the reception or rejection of Evidence, or with the one of the Sucharge to the Jury, or with the decision upon any motion for a of Law. nonsuit or for a new trial or in arrest of Judgment, or for Judgment non obstante veredicto, the Judge at the request of such party, his Counsel or Attorney, shall stay the proceedings for a time not exceeding four days, in order to afford the party time to execute and perfect the bond required to enable him to appeal the case. 8. V. c. 13, ss. 10, 11, 57,---12 V. c. 66, s. 11,-12 V. c. 63, s. 47.-See c. 64, s. 11. 8901 68. In case the party wishing so to appeal gives security to the What securities opposite party by a bond executed by elf and two sureties, to be given. Explanation of by. Can 140 1863 in such sum as the Judge of the Court to be appealed fr directs, conditioned to abide by the decision of the cause the Court to be appealed to, and to pay all sums of money a costs as well of the suit as of the appeal awarded and tax to the opposite party; and in case the sureties in such bo justify to the amount of the penalty of the said bond by affi vit annexed thereto in like manner as bail are required justify, and in case such bond and affidavit of justification a also an affidavit of the due execution of the bond are produc to the Judge of the Court appealed from, to remain with Clerk of such Court until the opinion of the Court appealed has been given and then to be delivered to the success party, then, at the request of the party appellant the Judge of t Court appealed from shall certify under his hand to either the Superior Courts of Common Law named by such appella the pleadings in the cause, and all motions, rules or orde made, granted or refused therein, together with his own charg judgment or decision thereon, and when a trial has been ha the evidence, and all objections and exceptions thereto-wher upon, the matter shall be set down for argument at the ne term of the Court appealed to, and that Court shall give suc order or direction to the Court below, touching the judgme to be given in the matter as the law requires, and shall als award costs to either party in their discretion, which costs sha be certified to and form part of the judgment of the Cou below; and upon receipt of such order, direction and certif Court below. cate, the Judge of the Court below shall proceed in accordanc therewith. 8 V. c. 13, s. 57,---12 V. c. 63, s. 47. Result to be certified to the An appeal given to Chan- 2. TO CHANCERY. 69. Either party may appeal to the Court of Chancer against any Order or Decree made by the Judge of a Count Court under the Equity Jurisdiction conferred by thi Act; and the Court of Chancery shall make such Orde thereupon in respect to costs or otherwise, or for referring back the matter to the Judge before whom the same was firs heard, as may be just and proper; But before the County Cour Judge is called on to certify to the Court of Chancery, the Or A recognizance der or other matter appealed against, the party appealing shall en ter into a recognizance, with sufficient sureties to the satisfaction of the Judge, to pay the sum decreed in case relief be not had of the appeal, or to obey the Order, (or as the case may be ;) and when the party appealing appears by Attorney, an affidavi shall be made by the Attorney, that the appeal is not intended for delay as he believes, and that there is, in his opinion, pro bable cause for reversing the Order or Decree against which the The Court of appeal is made; and the Court of Chancery shall specially make the necessary regulations for the practice to be observed in proceedings under this section. 16 V. c. 119, s. 18. to be entered Chancery may Short Title. 70. This Act may be cited as "The County Courts Act." 16 V. c. 119, s. 25. CAP HER CAP. XV I. An Act respecting the Surrogate Courts. TER Majesty, by and with the advice and consent of the follows: SURROGATE COURTS. be deemed new to continue. 1. Nothing in this Act shall extend or be construed to Surrogate extend to make the Surrogate Courts, held under the provisions Courts not to of this Act, new Courts, or to annul or make void any existing Courts; officers commission or appointment of any Judge of the said Surrogate and suits, &c., Courts, who is also a Judge of the County Court, or of any Registrar of a Surrogate Court, but they shall be taken to be to all intents and purposes the same Courts as if they had continued to be held under the provisions of the Surrogate Courts Act 1858, or of the Act thereby repealed; and the said Judges and Registrars shall continue to discharge their respective functions, and all suits and matters pending in the said Courts, when this Act comes in force, shall be continued under the provisions of this Act. 22 V. c. 93, s. 59. ed in each 2. In and for each County in Upper Canada there shall be a A Surrogate Court of Law and Record to be called "The Surrogate Court" Court establish of each respective County, over each of which Courts one Judge County with shall preside; and there shall also be a Registrar, and such Judge and ReOfficers as may be necessary for the exercise of the jurisdiction gistrar, &c. to the said Courts belonging. 22 V. c. 93, s. 2. SEALS. be received in 3. Each of the said Surrogate Courts shall be provided Courts to have with a suitable seal to be approved of by the Governor, and seals; and exemplifications the Judges of the said Courts may respectively cause the same and copies unfrom time to time, with the approval of the Governor, to be bro- der such seal to ken, altered or renewed; and all Probates, Letters of adminis- evidence. tration, grants, orders, Letters of guardianship and other instruments and exemplifications, and copies thereof respectively, purporting to be sealed with the seal of any Surrogate Court shall in all Courts and in all parts of Canada, be received in evidence without further proof thereof. 22 V. c. 93, s. 7. JUDGES OF. 4. The Senior Judge of the County Court, in each County, Judges of shall be ex officio Judge of the Surrogate Court for the County, to be ex officio County Courts and in case of the illness or absence of any Judge of a Surro- Judges of Surgate Court, the Junior Judge or the Deputy Judge, if there be rogate Courts. one in the County of the County Court, shall have all the powers and privileges and perform all the duties of the Judge of the Surrogate Court, during such illness or absence, as is now |