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 constituted
 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 Administration
 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 purpose
 divided, separate counties, and constituting a separate
judicial system for each district. Amongst the Courts established
 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.