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

108 THE PROVINCIAL JUDICATURE. Every Judge is authorized to hold a Court at such times and places as he thinks proper and to decide any claim or dispute in a summary manner, except in actions of debt or contract where the claim exceeds $1000, and in actions of tort where the amount claimed exceeds $500, in which cases either party may demand a jury Courts OF CRIMINAL JURISDICTION. Justices, Sessions. By section 91 of the British North America Act 1867, the Criminal law including Criminal procedure was placed within the legislative jurisdiction of the Dominion whilst the Constitution of Courts of Criminal jurisdiction was handed over to the province. A uniform code of Criminal law and procedure has been for some years in force in the Dominion, Justices of the Peace. Justices of the Peace and Sti- pendiary magistrates have by various statutes jurisdiction bo try in a summary manner minor offences. They are also authorized to try summarily certain indictable offences such as larceny, embezzlement, obtaining money under false pre- tences, aggravated assaults, assaults on children or magis- trates, using premises for betting, provided the accused consent to be so tried. Persons under 16 years of age charged with larceny may be tried before one stipendiary magistrate or two justices’. An appeal from any conviction of justices lies in Ontario to the Sessions, in Quebec to the Queen’s Bench, in Prince Edward's Island and North-West Territories to the Supreme Court, and in the other provinces to the County Court? General or Quarter Sessions, Recorder's Court. These courts sit at least four times a year and have as a rule power I R. 8. C. c. 50, s. 88. 2 Ib. ce. 174, 176. 3 Ib. ec. 178, 5. 76.

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