County Judge of the present day presides over six distinct tribunals in his judicial district. And not only this, but the office has been overlaid by multitudinous duties of various kinds, imposed by various Acts of Parliament; and the business proper of the court, which has given the name to the office, now constitutes only an item in the aggregate duties of the judge.

Local Courts were created in Upper Canada shortly after its conquest. Their origin may be dated back as far as 1787. In November, 1791, Upper Canada was separated from Lower Canada, and began to legislate for itself. In 1794 additional courts were organized in Upper Canada, and placed on a better footing, but the jurisdiction of the County Courts, formerly called District Courts, was at first purely local, and their process had no effect beyond the local limits. Now established in every judicial district in the Province, their process, mesne and final, directed to sheriffs and coroners, runs to every part of the Province, and their practice is assimilated to that of the Superior Courts at Toronto, and within their range of jurisdiction, their powers are almost identical. The difference between them and the Superior Courts being a limit in the matter of jurisdiction, and a reduced scale of fees to officers of the court. Their steady growth from the period of their institution may be easily traced in the statutes affecting them.

So also Courts of General Quarter Session took their place in the early judicial establishment of Upper Canada, at first conducted entirely by justices of the peace. When the the Judge of the District Court was required to be a Barrister, the conduct of business was handed over to him by the Legislature, he being made standing chairman, ex officio, of the Court of Quarter Sessions. These courts nearly resembled courts of Quarter Sessions in England, but while

the jurisdiction of the English courts has been gradually reduced and restrained, the jurisdiction of the General Sessions. of the Peace in Ontario has been enlarged, or at least recognized as embracing' nearly the whole range of offences punishable by indictment; and to it belongs a general jurisdiction in appeal from magistrates' courts in respect to all criminal convictions. Under the law of last session the county judge is now practically the sole judge of the court, for it is provided that the judge alone shall constitute a court or sittings of the General Sessions of the Peace.

A Criminal Court has recently been established-the County Judge's Criminal Court and of this the judge is sole judge. It is a tribunal conferring new and most important powers, viz.: Without a jury to hear and determine, with some few exceptions, all indictable offences, felonies and misdemeanors, known to the law, save offences punishable with death, but with a right of election to prisoners to be tried by a jury, if they so desire.*

The Division Court system in Ontario answers to the English County Courts. And we anticipated the English system, for what the people of England gained in 1846 by the "Act for the more easy recovery of small debts," the Parliament of Upper Canada granted to the people of this country by the "Division Courts Act" just five years before. The County Judge, or Junior Judge, where there is one, is sole judge of these courts (numbering as many as twelve in some counties, with sittings every two months), and decides both the law and the facts unless in certain cases either party desire a jury.

The jurisdiction of these courts, at first confined both as to range of subject

A return to the Legislature shews that 80 per cent of prisoners committed by magistrates for trial elected to be tried by the judge without a jury.

and amount, has, by progressive action of the Legislature, been more than doubled in amount, and nearly quadrupled in respect to the whole increase of actions that may be brought in them.

Under the laws relating to Insolvency, the County Judge exercises the most important powers in relation to the issue of attachments against insolvent estates, the examination and discharge of insolvents, and the collection and distribution of their estates.

In still another tribunal the County Judge is sole judge, viz. the Surrogate Courts. These possess an exclusive jurisdiction in relation to matters and causes testamentary, voluntary and contentious, and in relation to the granting and revoking of probates of wills and letters of administration of the effects of deceased persons, similar to the Probate Court in England. The right of appointing guardians of infants to take care of their persons, and charge of their estates, belongs also to the Surrogate Courts.

Thus in six distinct courts the County Judge is sole judge, and in each and all of these, jurisdiction, both in respect to value and subject matter, has been gradually and steadily on the increase from the time of their institution up to the present and every session of the Dominion Parliament and of the Local Legislature provides additional work for the local judges.

But, as already mentioned, the duties of the County Judge in Ontario are not confined to his courts. He is the "Judicial, or rather jurisprudential, servant of all work," a most convenient functionary on whom to impose duties requiring knowledge, impartiality and discretion for their due discharge; and for local administration the county judges are conveniently resident all over the Province. The County Judge appointed to office, in addition to the duties then assigned to him by law, no doubt tacitly undertakes

to perform to the best of his ability any duties of a judicial character which the Legislature may from time to time impose upon him; but there is certainly noundertaking, if there be a liability to perform business of a non-judicial character. The great accumulation of duties outside the courts, heaped upon County Judges by statute, is no doubt a high Legislative testimony on their behalf-as implying that their work had been, and confidence that it would be well and satisfactorily done-but the fact that extra work done by them costs nothing to the country, may not have been without its weight. However that may be, for many years no session passes without some new and additional work being given by statute to County Judges, without any provision for increased payment.

It is not easy to classify the multitudinous duties made incident to the office of County Judge, but a brief reference, under general heads, may be made, indicating to some extent, their number, character and importance.

AUXILIARY JURISDICTION,

A large share of the duties made incident to the office comes under the head of Auxiliary Jurisdiction-a jurisdiction in aid of the Superior Courts, at Toronto. Under this the County Judge may be called upon to hold or conclude the "Assize ""

business-to try a traverse of inquisition in lunacy-certain issues from the courts of Common Law, as well as from the Court of Chancery, and also to make assessments of damages. Witnesses in Superior Court suits may, in certain cases, be examined before them, as may also judgment debtors as to their debts, &c.-and they are empowered to deal with parties in garnishee proceedings. Moreover they are standing referees of the Superior Courts in matters of account. The County Judge hears and decides on applications in many matters

of the cognizance of the Superior Courts, viz.: For orders for the issue of certain writs, and in suits pending in these courts may order the inspection of documents, may make orders in respect to security for costs, allowance of bail, for particulars of demand or set off, payment of money into court, the delivery and taxation of attorneys' bills, &c. In quo warranto, cases under 35 Vict., cap. 36, the evidence upon bribery charged may be taken before him, and in other questions under the same Act, he may be called upon to take the viva voce testimony of resident witnesses, and so on application to quash a by-law on the ground of bribery, &c.; and where the writ in a contested municipal election is returnable before a judge of the Superior Courts, he may order the evidence to be taken before the County Judge.

CONCURRENT JURISDICTION.

Under the head of the County Judge's Concurrent Jurisdiction may be put: the powers to hear and make orders as to the issue of writs of capias, writs of attachment against absconding debtors, writs of replevin from either of the Superior Courts of Common Law, as to the delivery and taxation of bills of costs and restraining suits therein, &c. They may enquire also as to the wrongful holding of writs, books and papers entrusted to a sheriff's deputy cr other officer, and order them to be given up.

The County Judge has also cognizance of offences against the Foreign Enlistment Act. Under the Extradition Act he may issue a warrant for the apprehension ef any person charged, and dispose of question raised. Under the Act respecting the prompt and summary administration of criminal justice, he is empowered, if the party consents, to dispose summarily of certain offences. And under the Act respecting the trial and punishment of juvenile offenders, he is authorized to act with all the powers of two

justices for conviction, &c. For convenience and avoidance of expense he has authority, too, respecting bailing parties finally committed for trial by justices of the peace in all criminal cases, short of capital offences, upon application to him, being authorized to make the same order touching the prisoner's being bailed or continued in custody as if brought up on a Habeas Corpus.

County Judges have concurrent jurisdiction with the judges of the Superior Courts in the of trial contested municipal elections.

SPECIAL AND PECULIAR JURISDICTION.

The most extensive head of the County Judge's duties outside the business proper of his courts is the original, Special and Peculiar Jurisdiction conferred by numerous Acts. This branch would admit of several sub-divisions, but some indication of its range and importance is all that it is designed to give in this paper, so that a brief reference will suffice.

Under the jury law the County Judge has important duties in receiving and examining jurors' books, selecting jurors to serve for each year, seeing that proper lists are made out and transcribed into jury books, and examining and certifying the lists prepared from the selection made for use during the year.

Under the school law he is specially empowered to deal with the wrongful detention of books, papers, chattels, or moneys belonging to school sections, with adequate powers to punish delinquents. He is required to act with nominees of the council to determine complaints as to school sections, their formation, alteration, &c., and by-laws and resolutions respecting them.

He decides, as sole judge, all matters in difference between teachers and trustees. He investigates complaints respecting school trustee elections, confirms or sets aside and orders a new election, and

has power to deal with returning officers at such elections, acting partially, &c.

In cases of malfeasance of corporate officers he is required to make investigations as occasion arises.

The decision of disputes where wardens of adjoining counties are unable to agree respecting the maintenance of boundary lines, belongs to him.

If toll roads are in his county, and it is alleged that they are out of repair, he examines summarily into the matter, being invested with authority to act, in correction of the default.

Where persons refuse to deliver up public lands on the application of the Commissioner of Crown Lands, the County Judge may order the issue of process to give possession.

Where lands are required for a telegraph line, &c., he also makes orders as to the delivery of possession of them, and may take evidence as to, and determine the value of such lands.

And also where Railway Companies require land, and the owner is absent or unknown, the County Judge has important powers as to the determination of the value thereof and ordering possession either before or after the value is determined.

The County Judge has also power as to the conviction, fine and imprisonment of persons improperly withholding sheriffs' books, &c. for enforcement of award in cases of dispute between masters and workmen as to taking accounts, making enquiries and directing sales of the estate and interest charged with lien of mechanics. In respect to adverse claims for goods made upon carriers and other bailees, where the value does not exceed $200, he is required to exercise interpleader powers for their determination.

In respect to alleged lunatics, the County Judge is required to examine and pronounce on their state of mind, to make order as to their maintenance, or direct

an issue in respect thereto, to make enquiries as to their estate, and sanction the sale of it when necessary.

A most important and onerous branch of his jurisdiction is in respect of the partition and sale of real estate; and the duties of the County Judge as "real representative" are frequently of a very difficult and laborious character.

To save the expense of resorting to the Superior Courts, a jurisdiction in ejectment was also given to the County Judge, as between landlord and tenant (it falls under this head). Trials under the Overholding Tenants' Act commonly involve

as much time as the trial of an issue in

ejectment, and the disposal of difficult questions of law and fact.

Under the recent Act for the improvement of water privileges, new and very large powers are granted to the County Judge, in the interests of material pro-gress, viz as to the entry on adjoining lands on application of the owner of water privileges, and to enable their utilization. Surveys and levels are to be made and taken under his direction, plans are prepared, and he makes orders respecting the matter.

Under the election laws he may require the clerk of the municipality to produce the assessment rolls and voters' lists before him, and upon a judicial examina tion may order corrections to be made in

same.

In case of default by the clerk of a municipality respecting the voters' list the judge is required to examine into the matter, and summarily make order to enforce the completion and delivery of the list.

It will be noticed that the subjects under this head, Special and Peculiar Jurisdiction, are in nearly every case given to the County Judge for his sole adjudication; but it is not thought necessary to give a distinct head to subjects falling within the exclusive jurisdiction of the

local judge, a critical analysis of the several duties not being attempted.

APPELLATE JURISDICTION.

The appellate jurisdiction of the County Judge is exercised partly at the sessions, and partly at chambers, according to the matter and nature of the appeal. He determines all cases of appeal against summary convictions by justices of the peace, hears and determines appeals under the assessment law from the several Courts of Revision, numbering from ten to forty, according to the extent of his judicial district. His duties herein are most important, and his jurisdiction is exclusive and final-the particular points need not be mentioned-suffice it to say, that the right of parties to be placed on the roll, the capacity in which they are to appear there, the nature of the property assessed, and the under or over assessment, speaking in general terms, are all grounds of appeal; and incidentally is determined the qualification of voters under the franchise law; this last a duty given to judicial officers, Revising Barristers, appointed in England for the sole purpose.

In connection with assessment appeals, undoubtedly the most important one of all is that from the equalization made in assessment rolls of the several municipalities in the county. Upon these the County Council, an elective body representing ing every part of a county, and numbering sometimes as many as forty three Reeves and Deputy Reeves, make what the Legislature designed should be a fair and just equalization; but from local prejudices or irregular considerations, equalizations made were not always accepted as just and fair towards certain municipalities, and the Legislature gave them an appeal to the local judge, and intrusted him with the correction of what might be found unjust, conferring upon him the unrestrict ed power to equalize the whole assess

ment of the county, as in his opinion might be just. This has been found to be a most delicate, as well as a distasteful and onerous duty, involving very extended enquiries. But it appears the Legislature could see no other way to give cheap redress to municipalities aggrieved, and the local judge is found a convenient medium.

Appeals are also given to the County Judge in respect to by-laws of a municipality for deepening streams, draining property, &c.; from assessments made upon real property benefited by improvements proposed in a municipality; from the decision of fence viewers on conflicts as to line fences and water courses; and under the recent drainage Acts, several matters are made subjects of appeal to him.

MINISTERIAL DUTIES.

In cities, and in towns having a police magistrate, the County Judge is constituted one of the Board of Police Commissioners, having the appointment and dismissal of the men constituting the police force, the fixing of the remuneration, the regulation of their duties, and the general management and supervision of the whole force. This mixed duty may be placed under this head, but the mere ministerial duties of the Judge are few-chiefly confined to the administration of oaths to officers, taking bail in civil cases, and in regard to books for registry offices.

POWER OF APPOINTING ARBITRATORS.

The County Judge's duties as to the appointment of arbitrators are found in various statutes relating to Railways, Joint Stock Company roads, Toll roads, Municipalities, Drainage Works, respecting Traction Engines, and under the provisions of the Act providing for cases where the Governor in Council dissolves certain companies.