The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter X. The Provincial Judicature

Collection:: Economics Books

100 THE PROVINCIAL JUDICATURE. Divorce Court. Probate Yourt. County Courts. The Court has jurisdiction in 1. actions of debt where the sum demanded does not exceed $40; 9. actions of tort to real or personal property where the damage claimed does not exceed $16. The same causes that are excepted out of the jurisdiction of the Justices Court are also excepted out of this Court substituting $40 for $20. Court of Divorce and Matrimonial Causes. By the 31 Geo. 3, ¢. 5 (N. B.) the Governor and Council were con- stituted a Court for hearing and determining causes relating bo marriage and divorce. By the 23 Vie. ¢. 37 (N.B) a Court of Divorce and Matrimonial Causes was established, and the jurisdiction formerly vested in the Governor and Council in respect of marriage and divorce is now vested in this Court’. An appeal lies to the Supreme Court. Probate Court. Probates of Wills and Letters of Ad- ministration were at first granted by the Governor under the Royal Instructions; Surrogates being appointed for that purpose in the different counties®. The Court of Probate has now full jurisdiction in all matters relating to wills or administrations, an appeal lying to the Supreme Court® Qounty Courts. When the province was first established County Charters or Letters Patent were issued creating the several districts, into which the province was for that pur- pose divided, separate counties, and constituting a separate judicial system for each district. Amongst the Courts es- tablished were the Inferior Courts of Common Pleas with jurisdiction in all causes arising within the county and in which the amount claimed exceeded 40s. and did not exceed £50 in value and in which the title to lands did not come Lt C, 8., N. B. e. 50. 2 Report on Judicial Institutions of N. B. p. 85. s 0 9 N. B. ec 52, 41 Vie. c. 30.

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