Part of Sche

dule of fees to 8 V. c. 13, repealed, and

or damages claimed is not more than fifty pounds, and of all causes or suits relating to debt, covenant or contract where the amount is liquidated or ascertained by the act of the parties or the signature of the defendant, to one hundred pounds; Provided always, that the said County Courts shall not have cognizance of any action where the title to land shall be brought in question, or in which the validity of any devise, bequest or limitation under any will or settlement may be disputed, or for any libel or slander, or for criminal conversation or for seduction.

XXI. In all applications and proceedings before the County Judges, not relating to suits instituted in any Court of Civil Judicature in Upper Canada, there shall be payable to the Clerks of the several County Courts, for and to form part of the general fee fund thereof, such fees, as nearly as the nature of the case will allow, as are now payable on proceedings under the Act for the relief of insolvent debtors.

XXII. Every County Judge shall be paid by a certain salary of not more than six hundred and fifty pounds or less than two hundred and fifty pounds; and the Governor in Council shall fix the remuneration to be paid to the Judges respectively, having due regard as well to the population of the several Counties or Unions of Counties, as to the amount of fees received by the County Treasurer, under the several Statutes establishing Fee Funds; and the remuneration of Judges may be increased, or as vacancies shall occur may be diminished, by the Governor in Council.

XXIII. So much of the Schedule of Fees annexed to the Act passed in the eighth year of Her Majesty's Reign, chaptered thirteen, as applies to the "Fees to be received by the Clerk, and to belong to and be paid over to the Fee Fund," and the whole of Schedule A annexed to an Act passed in the ninth year of Her Majesty's Reign, chaptered seven, shall be and New Schedule the same are hereby repealed, and the following Schedule is

the whole of
that to 9 V.
c. 7.

substituted.

The Schedule.

substituted therefor:

Every Writ of Summons or Capias ad Respondendum, one shilling and six pence,

Every Verdict, six shillings and three pence,

Executing each Writ of Trial and Enquiry and making Return thereto, six shillings and three pence,

Every Report made by the Judge of the proceedings on

executing a Writ of Trial or Enquiry, five shillings,

Every Certificate of proceedings made by the Judge to transmitted to the Court of Queen's Bench, two shillings and six pence,

Every Rule requiring a motion in open Court, one shilling and six pence,

Every Rule or Order of Reference, one shilling and six pence,

Every other Rule or Judge's order, one shilling and three pence,

Every Recognizance of Bail taken by Judge, one shilling and six pence,

Every Affidavit administered by Judge, one shilling,

Every Computation of principal and interest on a Bill,
Note, Bond or Covenant for payment of money, three shillings,
Every Writ of Subpoena, one shilling,

Every Judgment entered, six shillings and three pence,
Every Oath administered in open Court, one shilling.

XXIV. In addition to the Fees now received by each Sheriff's mileSheriff for mileage and poundage, it shall be lawful for him age and poundto charge and receive for mileage, two pence per mile on all age. writs executed, and for poundage, upon all moneys actually made under a fi. fa. or a ca. sa, six pence in the pound.

of York and

XXV. It shall be lawful for the Governor in Council to Extra allowcause to be paid to the Clerk of the County Court for the ance to Clerk United Counties of York and Peel, and after the dissolution of Peel. the Union of such Counties, to the Clerk of the County Court for the County of York, over and above all Fees now received by him, an allowance not to exceed one hundred pounds per annum, out of any surplus that may remain of the Fee Fund of such United Counties or County, after all present charges thereon shall have been first defrayed.

XXVI. The provisions of this Act, shall come into opera- Commencetion on the twenty-first day of August, one thousand eight ment of this hundred and fifty-six.

Act.

XXVII. In citing this Act, in any instruments, documents Short Title. or proceedings, it shall be sufficient to use the expression, The County Courts Procedure Act, 1856."

CAP. XCI.

An Act to amend the Act to alter and amend the Act regulating the practice of the County Courts in Upper Canada, and to extend the jurisdiction thereof.

[Assented to 1st July, 1856.]

WHEREAS the large number of cases usually entered for Preamble.

trial at the Assizes for the United Counties of York and Peel render it difficult to provide for the despatch of business as at present conducted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. From and after the passing of this Act, no plaintiff having a Cases within cause of action within the jurisdiction of the County Court in tion of the the jurisdic

23

County Court said United Counties, (or in the County of York if separated of York or from the County of Peel,) shall institute or carry on such action Peel not to be in either of the Superior Courts of Common Law in Upper brought in the Superior Canada, under the provisions of the Act passed in the Session Courts, unless held in the thirteenth and fourteenth years of Her Majesty's upon Judge's Reign, intituled, An Act to alter and amend the Act regu on affidavit. lating the practice of the County Courts in Upper Canada, and

fiat founded

Preamble.

16 V. c. 120.

Part of section 9, repealed.

Fees to Clerks

of Recorder's Courts.

to extend the jurisdiction thereof, or under any other Act or authority whatsoever, unless such plaintiff shall, before issuing the first process in such action, obtain the fiat of one of the Judges of either of such Superior Courts, allowing the plaintiff to bring such action in one of such Superior Courts, on proof, by affidavit, to the satisfaction of such Judge, that some important question of law or evidence is likely to arise in such action, rendering it advisable to have such action tried in such Superior Court, in which case such suit may be brought in the same manner as to costs and otherwise as provided by said last mentioned Act.

CAP. XCII.

An Act to amend so much of the Upper Canada Jurors' Law Amendment Act of 1853, as fixes the amount of Fees payable to Sheriffs and Clerks of the Peace.

[Assented to 1st July, 1856.]

WHEREAS it is expedient to amend so much of the Upper Canada Jurors' Law Amendment Act of 1853, as fixes the amount of Fees payable to Sheriffs and Clerks of the Peace Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. So much of the ninth section of the Act above cited as fixes the amount of Fees payable to Sheriffs and Clerks of the Peace, shall be and the same is hereby repealed.

II. The Clerk of the Peace of every County or Union of of Peace and Counties, and the Clerks of the Recorder's Courts in every City in which a Recorder's Court shall have been established, shall be entitled to the following suns of money for the respective services performed by them under this Act, that is to say:

For receiving and examining the Reports of Selectors for each City, Town, Village and Township, causing any deficiency which may be found therein to be supplied, and filing the same in his office, three shillings and nine pence;

For giving certificates to Selectors of Jurors, of Report having been made, two shillings and six pence;

For

For preparing in proper form the Jurors' book and superintending the making up of the same (besides actual disbursements for stationer's charges), each, thirty shillings;

For arranging alphabetically and in order the names contained in Selector's Report, per one hundred names, fifteen shillings;

For making up Jurors' books, entering all the names and numbers, and all other matter required to be entered therein, per one hundred names, fifteen shillings;

For each copy of the Jurors' book required by the Jurors Acts, per one hundred names, fifteen shillings;

For preparing on cards the ballots for Jurors, to correspond with the numbers in the Jurors' book, per one hundred names, two shillings and six pence;

For each certificate required to be entered on the Jurors' book to verify same, five shillings;

For balloting and entering each jury list, per one hundred names, thirty shillings;

For copy of Jury list required to be entered, per one hundred names, fifteen shillings;

For each panel of Jurors drafted from the Jury list, per one hundred names on such Jury list, twenty shillings;

For entering each panel in the Jurors' book, with the numbers corresponding to the Jury list, ten shillings;

For making up aggregate return in detail of Jurors, forty shillings;

For copy thereof and transmitting same to Provincial Secretary when required, and for office copy of the same, each, twenty shillings.

The Sheriff, High Bailiff or other officer of every such County Union of Counties or City shall, exclusive of such fees as he may be entitled to from the parties in any suit, be entitled to the following sums of money for the respective services performed by him under the Jurors' Acts, that is to say:

For each panel of Jurors whether Grand or Petit returned and summoned by him in obedience to any general precept for the Return of Grand or Petit Jurors for any sittings or sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery,

Sessions

How the said fees shall be paid.

Sessions of the Peace or County or Recorder's Court respectively, under this Act, twenty-five shillings;

For copies of such panel to be returned in the offices of the Superior Courts of Common Law at Toronto, each, five shillings;

For every summons served upon the Jurors on such panel, the sum of two shillings and six pence;

And for every certificate given to any of such Jurors of his having served, to evidence his exemption from serving again until his time for doing so shall return in its course, the sum of one shilling and three pence;

And in case of the Sheriffs of Counties, the further sum of six pence for every mile that the Sheriff or his Deputy or Bailifis may necessarily and actually have had to travel from the County Town for the purpose of serving such summonses.

Which several sums shall be paid by the Treasurer of such County or Union of Counties, or by the Chamberlain of such City, as the case may be, to such Officers severally, out of any moneys in his hands belonging to such County, Union of Counties, or City respectively, not otherwise specially appropriated by Act of Parliament, upon proof by affidavit made before some Commissioner for taking affidavits in some one of Her Majesty's Superior Courts of Common Law at Toronto, for such County or Union of Counties, of such several services having been executed, and of such travel having been so necessarily performed in the service of such summonses; for all which moneys so to be paid as aforesaid, every such Treasurer and Chamberlain shall be allowed in his accounts with such County, Union of Counties or City, as if the same had been paid under the special authority and direction of the Municipal Corporation of such County, Union of Counties or City respectively; Provided Where there always nevertheless, that in all such cases when there shall be more than a hundred or more than an even number of hundreds of such names, if the broken number beyond such hundred or hundreds shall fall short of fifty names, the same shall not be reckoned, and if such broken number shall amount to fifty names or upwards, the same shall be reckoned as a full hundred, but in all cases of there being altogether less than a single hundred, the same shall be reckoned as a full hundred.

Proviso:

is a broken

number of names.

САР.