In the province of British Columbia, the form of oath of allegiance required of every person appointed a justice of the peace or a stipendiary magistrate is as follows: (1) I. ...... do solemnly promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs or successors. So help me God. (Signature of Stipendiary Magistrate oR J.P. Sworn and subscribed by the said before me, at day of ......... .A.D. 189....... this..... Forms of Oath of Office. The general form of oath of office is as follows: I, A. B., do swear that I will well and truly serve our Sovereign Lady, Queen Victoria, in the office of justice of the peace, in and for the district (or county, etc.) of ...... and I will do right to all manner of people, according to the laws and usages of this province, without fear or favor, affection or illwill.—So help me God." (2) In the Province of Ontario the form of the oath of office is as follows: ... in the county of "I. A. B., of do swear that I will well and truly serve our Sovereign Lady, Queen Victoria, in the office of justice of the peace, and I will do right to all manner of people after the laws and usages of this Province, without fear, affection or illwill.-So help me God." (3) In the Province of British Columbia the form of the oath of office to be taken by every person appointed a stipendiary magistrate or a justice of the peace is as follows: (1) C. S. B. C., (1888), c. 78, sec. 6. (2) Oke's Mag. Syn., 13 Ed., 5. (3) R. S. O., c. 71, sec. 11. swear that, as a stipendiary "I, magistrate (or justice of the peace), for the county (or electoral district, or part of the county or electoral district) of ............. .... in the Province of British Columbia, in all articles in the Queen's name to me directed, I will do equal right to the poor and to the rich, after my cunning, wit and power, and after the laws and customs of the realm and statutes therein made, and that I will take nothing for my office of stipendiary magistrate to be done but of the Queen, and fees accustomed and costs limited by statute. So help me God. (Signature of Stipendiary Magistrate or J. P.) Sworn and subscribed by the said day of before me, at this...... A.D., 189." (1) Persons Prohibited from Acting as Justices of the Peace.-Certain persons and officials are sometimes prohibited from acting as justices of the peace. For instance, the Ontario statute relating to justices of the peace enacts that, except where otherwise specially provided by law, no solicitor in any court whatever shall be a justice of the peace during the time he continues to practice as a solicitor; and that no person having, using or exercising the office of sheriff or coroner, in and for any county, district or place in Ontario, shall be competent or qualified to be a justice of the peace, or to act as such for any county, district or place wherein he is sheriff or coroner, during the time that he uses or exercises such office; and that every act done by a sheriff or coroner by authority of any commission of the peace during the time aforesaid shall be void. (2) In the province of Quebec, no coroner can act as a justice of the Peace in cases arising out of facts which have been the subject of any inquest held by him; and every act so done by such coroner is absolutely void. (3) (1) C. S. B. C. (1888), c. 78, sec. 9; 55 Vic. (B. C.), c. 29, sec. 8. (2) R. S. O., c. 71, ss. 7, 8. (3) 57 Vic. (Que.), c. 26, sec. 1. No sheriff in the districts of Quebec and Montreal can be a justice of the peace for the district wherein he is sheriff, during the time he exercises such office; and every act done by such sheriff, as a justice of the peace during such time is absolutely void. (1) When not otherwise specially provided by law, no advocate can be a justice of the peace in and for any district of the province of Quebec during the time he continues to practice his profession. (2) In Manitoba, when not otherwise provided by law, no barrister, attorney, or solicitor in any court whatever, shall be appointed or act as a Justice of the Peace in and for any portion of the province during the time he continues to practice as such. (3) CHAPTER II. APPOINTMENT OF POLICE MAGISTRATES. In Ontario.-In the province of Ontario a salaried police. magistrate is appointed by the Lieutenant-Governor for every city and for every town having more than 5,000 inhabitants, and also for every other town, that is, every town of less than 5,000 in- ' habitants.-if two-thirds of the members of its council pass a resolution affirming the expediency thereof: the salary of such police magistrate to be paid by the city or town for which he is appointed. (4) The Lieutenant-Governor may, moreover, at all times appoint an unsalaried police magistrate for any town of less than 5,000 inhabitants, without any resolution from its council. (5) (1) 57 Vic. (Que.), c. 26, sec. 1. (2) R. S. Q., Art. 2546. (3) R. S. Man. (1891), c. 93. sec. 7. (4) R. S. O., c. 72, ss. 1, 2, 3. (5) Ib., sec. 5. A salaried police magistrate may also be appointed for any county of Ontario, whose county council passes a resolution affirming the expediency thereof, the salary of such magistrate to be paid by the county: (1) and every such county magistrate is vested with and exercises, within the county for which he is appointed, all the powers by law appertaining to police magistrates appointed for cities (2) and he need not be actually resident within the county or district for which he is appointed (3). The Lieutenant-Governor of Ontario may appoint more police magistrates than one for any county or union of counties or district or part of a district in which the Canada Temperance Act or a like Act is in force; and any such magistrate holds office during pleas ure, save that he ceases to be such police magistrate in case and from the time that the said Act or any new Act substituted therefore ceases to be in force in the county or district or part of a district aforesaid. (4) The following is the oath of office to be taken by a Police Magistrate in Ontario : "I, A. B., of ....., in the County of .......do swear that I will well and truly serve our Sovereign Lady, Queen Victoria, in the office of police magistrate, and I will do right to all manner of people, after the laws and usages of this Province, without fear or favor, affection or ill-will-So help me God." (5) This oath may be taken before any justice of the peace or before any person appointed by the Lieutenant-Governor to administer oaths or declarations, or before the clerk of the peace for the county or district in which the police magistrate is to act, and it must be forthwith transmitted by him to the clerk of the peace. (6) (1) R. S. O., c. 72, sec. S. (2) Ib., sec. 12. (3) Ib., sec. 15. (4) 50 Vic. (Ont.), c. 11, sec. 1. In Ontario a police magistrate needs no property qualification, nor to take any other than the foregoing oath, to enable him to act as a justice of the peace. (1) In Quebec.--The Lieutenant-Governor of the Province of Quebec may appoint stipendiary magistrates, called judges of the sessions of the peace, for each of the cities of Montreal and Quebec, with jurisdiction over the whole Province, to execute the duties of justices of the peace and such other duties as may be from time to time directed by the provincial secretary, for the more efficient administration of the police within the limits of the said cities, (2) and they are declared to be, in virtue of their office, justices of the peace for the districts in which the said cities are respectively situate, with jurisdiction as such over the whole Province and with all the powers and authority of any one or two justices of the peace, as the case may require, notwithstanding that they may not possess the property qualification required by law of any other person performing the duties of justices of the peace. (3) Before beginning to execute the duties of his office every person appointed a judge of the sessions of the peace for the city of Quebec or for the city of Montreal must take, before a judge of the Court of Queen's Bench, or of the Superior Court, the following oath : "I, A. B., do swear that I will faithfully, impartially and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a judge of sessions of the peace, under and by virtue of sections fourth and fifth of chapter third of title sixth of the Revised Statutes of the Province of Quebec." (4) Police magistrates may also be appointed by the LieutenantGovernor of Quebec within any one or more districts of the Province or in any judicial district; and no police magistrate so appointed need possess any property qualification, nor be domiciled (1) R. S. O., c. 72, sec. 24. (4) R. S. Q., Art. 2487. |