jesty's Counsel learned in the law, who, by reason of their office, are justices of the peace, nor to any mayor, alderman, councillor, reeve or deputy reeve of any municipality who is ex officio a justice of the peace. (1) But, a justice of the peace appointed by commission, must as a rule, have a property qualification. In the provinces of Ontario and Quebec it is specially enacted that in all cases not otherwise provided by law, no person shall be a justice of the peace, or act as such within any district or place, (except.-as to the province of Quebec,-the Magdalen Islands, and the counties of Chicoutimi and Saguenay), unless he has in his actual possession, for his own proper use, an interest in real estate, lying and being within the province, of or above the value of $1200, over and above all encumbrances, rents and charges payable out of or affecting the same. (2) In Manitoba, a justice of the peace must, in all cases not otherwise provided, be the owner, in fee simple, for his own proper use, of lands lying and being in that province, of or above the net value of $500, over and above what will satisfy and discharge all encumbrances affecting the same, and over and above all rents and charges payable out of or affecting the same; (3) and in the North west Territories, a justice of the peace must be the owner in fee simple of lands there of the net value of $300, and have been three years residing in the Territories. (4 Oath of Qualification.-A justice of the peace, named by general or special commission, must, before acting as such, take and subscribe an oath that he has the property qualification required by the law of his province. In the province of Quebec the oath of qualification is taken before the clerk of the peace, or before some justice of the peace for the district for which the new justice intends to act, or before a commissioner charged by dedimus potestatem to administer oaths and, receive declarations, and it must be in the following form: (1) R. S. O., c. 71, sec. 2; R. S. Man. (1891), c. 93, sec. 21; R. S. Q., Arts. 2488, 2491, 2559. (2) R. S. O., c. 71, sec. 9; R. S. Q., Art. 25 47. (3) R. S. Man. (1891), c. 93, sec. 9. (4) 57 & 58 Vic. c. 17, sec. 7. "I. A. B., do swear that I truly and boná fide have, to and for my own proper use and benefit, such an estate (specifying the same by its local description, rents, or anything else), as doth qualify me to act as a justice of the peace for the district of......... according to the true intent and meaning of section second of chapter fourth of title sixth of the Revised Statutes of the Province of Quebec, respecting the qualification of justices of the peace; (nature of such estate, whether land, and if land, designating it), and that the same is lying and being. (or issuing out of lands, tenements and hereditaments, situate) within the township. (parish or seigniory) of.......... (or in the several townships (parishes ..(or as the case may be). or seigniories) of........ So help me God." (1) In the province of Ontario the oath, of qualification must be taken within three months from the date of the commission under which the justice is appointed, or the commission so far as it relates to him, is deemed to be absolutely revoked and cancelled. (2) It is taken before some other Justice of the Peace or before any person appointed by the Lieutenant-Governor to administer oaths and declarations, or before the clerk of the peace for the county or district for which the new justice intends to act, and it must be in the following form: ་ "I, A.B., do swear that I truly and boná fide have to and for my own proper use and benefit such an estate as qualifies me to act as a justice of the peace for the county, (or as the case may be), of ...according to the true intent and meaning of the Act respecting the qualification and appointment of justices of the peace, to wit, (nature of such estate, whether land, and if land, designating), and that the same is lying and being, (or, is issuing out of lands, tenements and hereditaments situate), within the township (or, in the several townships, or, as the case may be) of........... ..So help me God." (3) In the province of Manitoba the oath of qualification is taken (1) R. S. Q., Art. 2547. (2) 54 Vict., (Ont.), c. 16, sec., 2. (3) R. S. O., c. 71, s. 10. before some justice of the peace or other person authorized to take affidavits, and is in the following form: "I. A. B.. of.......... ..in the province of Manitoba, do swear that I truly and bona fide have, to and for my own proper use and benefit, an estate in fee simple in lands situate in the province of Manitoba of such a value as doth qualify me to act as a justice of the peace, according to the true intent and meaning of the statute in that behalf, and that such lands are the following: (parish, township. range etc.) So help me God." (1) In the North West Territories, the oath of qualification is in a similar form, and it and the oath of office must be taken before the Lieutenant Governor, a Supreme Court judge, or some other justice of the peace. (2) A certificate of the oath of qualification having been so taken and subscribed must in the provinces of Quebec and Ontario be forthwith deposited.-by the justice of the peace who has taken the same, with the clerk of the peace for the district or county within which the newly appointed justice is to act; (3) and in the province of Manitoba such a certificate must be forthwith deposited in the office of the provincial secretary. (4) If the land upon which a justice of the peace qualifies be mortgaged, it will be sufficient, if over and above the amount of the mortgage it be of the net value required by the law fixing the property qualification. (5) The interest of a justice of the peace in property in respect of which he qualifies as such, under the R. S. O., c. 71, sec. 9, need not be in itself worth $1200. It will be sufficient if he have, in lands which are of the value of $1200 over and above what will satisfy and discharge all encumbrances affecting the same, such an estate or interest as is mentioned in the section, no matter what may be the actual value of the estate or interest which he possesses. (6) (1) R. S. Man., (1891), c. 93, 8. 9. (2) 57 & 58 Vic. c. 17, sec. 7. (3) R. S. Q., Art. 2548; R. S. O., c. 71, s. 12. (4) R. S. Man. (1891), c. 93, s. 10. (5) Frazer v. McKenzie, 28 U. C. Q. B., 255. (6) Weir v. Smyth, 19 App. Rep. (Ont.), 433; 12 C. L. T. 347. A person who acts as a justice of the peace without having taken or subscribed the oath of qualification or without having the required property qualification is liable to a penalty, which in each of the provinces of Quebec, Ontario and Manitoba is fixed at $100. (1) But notwithstanding his liability to a penalty, it seems that where a person, whose name is in the commission, acts as a justice of the peace, without having the necessary property qualification. his acts are not, on that account, invalid. (2) A different rule, however, prevails if a justice of the peace acts in a matter over which he has no jurisdiction; so that a justice who committed a man for a supposed offence, when, in fact, there was no accusation against him, was held liable to an action in trespass. (3) A person who assumes to act as a Justice of the Peace by virtue of his being an alderman of a city, and not under a commission of the peace. is not legally qualified to so act as a Justice of the Peace until he has taken the oath of qualification required of him as an alderman under the Municipal Acts. (4) But when he has taken his oath of qualification as an alderman he does not (as we have already seen) need any additional property qualification, nor to take any further oath, to enable him to act as a Justice of the Peace by virtue of his office as an alderman. (5) Oaths of Allegiance and of Office,—The new Justice of the Peace must, before entering upon the duties of his office, take the oath of allegiance and an oath of office. In the province of Ontario these oaths may be taken before any other justice of the peace, or before any other person appointed by the Lieutenant-Governor to administer oaths and declarations, or before the clerk of the peace of the county or district in which the new justice is to act; and the oaths must then be forthwith transmitted or delivered to and filed by the clerk of the peace of (1) R. S. Q., Art. 2550; R. S. O., c. 71, s. 15; R. S. Man., (1891), c. 93. s. 13. (2) Margate Pier Co, v. Hannen & Dyson, 3 B. & A., 266; R. v. Hodgins 12 Ont. Rep. 367. (3) Morgan v. Hughes, 2 T. R. 225; Lancaster v. Graves, 9 B. & C. 628; Mason v. Barker, C. & K. 100. (4) R. v. Boyle, 4 C. L. J., N. S., 256; 4 P. R. (Ont.) 256. (5) R. S. O., c. 71, sec. 2; R. S. Man. (1891), c. 93, sec. 21, cit. at p. 7 ante. the county or district within which the new justice is to act. (1) And every person appointed a justice of the peace in Ontario, after the passing of the 54 Vict., (Ont.), c. 16, must, according to section 2 of that Act, take the oath of office as well as the oath of qualification within three months from the date of the commission under which he is appointed, or the commission so far as the same relates to him. is deemed to be absolutely revoked and cancelled. In the provinces of Nova Scotia and New Brunswick the new justice is sworn before the clerk of the peace for the county or city and county for which such justice is appointed, and the clerk of the peace must keep a record thereof. (2) In the province of British Columbia the oaths of allegiance and of office must be taken before some other justice of the peace within thirty days after the appointment, and they must within the same delay, be transmitted to the Provincial Secretary to be filed by him among the records of his office. (3) Forms of Oath of Allegiance.—The general form of the oath of allegiance is as follows: ་ I, A. B.. do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria (or the reigning Sovereign for the time being) as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Dominion of Canada, dependent on and belonging to the said Kingdom, and that I will defend Her to the utmost of my power against all traitorous conspiracies or attempts whatever, which shall be made against Her person, crown and dignity, and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her heirs or successors, all treasons or traitorous conspiracies and attempts which I shall know to be against Her or any, of them ; and all this I do swear without any equivocation, mental evasion or secret reservation.-So help me God.” (4) (1) R. S. O., c. 71, 8. s. 11, 12. (2) R. S. N. S. (1884), c. 101, sec. 3; C. S. N. B. (1877), c. 29, sec. 3. (3) C. S. B. C. (1888), c. 76, sec. 9; 55 Vic. (B. C.), c. 29, sec. 9. (4) R. S. C., c. 112, s. 1. |