The governor is styled the "Governor-Gene ral of British North America, and Captain General and Governor-in-Chief in and over the Provinces of Canada, Nova Scotia, New Brunswick, and the island of Prince Edward, and Vice-Admiral of the same." 9. The Executive Council has usually consisted of eleven members, including the president, secre tary, inspector-general, law officers, commissioners of public works, and other ministers, who are deemed "responsible" to the people, and liable to be displaced upon vote of the house of assembly. District Councils were established in 1840, com posed of representatives of a certain number of cleated by the householders. The quali fications of a district councillor are property to the value of five hundred pounds sterling. These coun oils are presided over by wardens, appointed by the orown. They meet quarterly for the management of all local affairs.
The Judicial Power.
This is lodged in two distinct systems of courts is the two provinces. That in the, upper province is modelled quite closely upon the ,English system, and was organized mainly under the acts 34 Geo. III. 0. 2, and 12 Vict. c. 63. See also Consol. Laws Up/ C. 31. That in the lower province is organ ized mainly under the provincial act 12 Vict. cc. 37-39. See Prov. Laws 1849, p. 245.
In Upper Canada.
10. The Court of Errors and Appeol3 is composed of the justices of the courts of Queen's Bench, Com mon Pleas, and Chancery, with such additional members as the governor may from time to time appoint from among the retired judges of these su perior courts. It is presided over by the chief jus tice of the Queen's Bench, and, in his absence, by the chief justice of the Common Pleas. Seven mem bers must be present to constitute a quorum. It has appellate civil and criminal jurisdiction of cases brought from the three superior courts in Upper Canada. It holds its sessions at Toronto, the second Thursday next after the Hilary, Easter, and Mich aelmas terms, and may adjourn from time to time to mast again.
The Court of Impeachments consists of the chiefjus Gots of three superior courts, viz.: Queen's Bench, Common Pleas, and Chancery. It sits at Toronto.
12. The Court of Q teen's Bench consists of one chief and two puisne judges, appointed by the queen by commission, under the great seal, to hold office during good behavior, subject to removal. It has, concurrently with the Common Pleas, original juris diction of all civil and criminal cases at law, may hold pleas of all manner of actions and suits, as well civil as criminal, which arise or happen in the province, and is to determine all 013 utters of law, and, by aid of ajury, all matters of fact, as fully as may he done by the court of Queen's Beach, Common Pleas, or Exchequer in England. Writs are to issue alter
nately from each court. Four terms a year of each court are to be held, at Toronto, viz.: Hilary term, commencing the first Monday in February; Easter term, the third Monday in May; Trinity term, the Monday next after the twenty-first of August ; and Michaelmas term, the third Monday in November. Trials at bar may be had as of right where the crown is interested, an 1 in other cases where the court think proper, and a time is to be appointed for trial, which may be in vacation.
The Court of Common Pleas consists of a chief and two puisne judges, appointed in the same man ner and for the same term as those of till Queen's Bench. Its jurisdiction is concurrent with that of the Queen's Bench.
13. A Practice Court is held by one of the jus Gees of the above-described courts, sitting apart from his brethren, for deciding all questions as to adding to and justifying bail, discharging insolvent debtors, administering oaths, and de. termioing matters whigh are subjects for motions.
Courts of Assize an Prins arc held in va cation, between Hilary and Easter and between Trinity and Michaelmas terms, by one of the judges of the Queen's Bench or Common Pleas, in each county or union of counties, with or without commis sions, as the governor may determine, for the purpose of trying all issues of fact before those courts in actions arising in the district in which the court fs held. In the union of counties including Toronto, the court it held three times a year. It may also be held by some one of the barristers of the Court by re quest of the judge, or by commission of the governor.
14. A Court of Oyer and Terminer and General Gaol Delivery is held at the same time end in the same manner as the court of Assize and Nisi Prins. No associate justices are required to be present at this court. A special commission for the trial of offenders is to be issued by the governor when he sees fit.
The Court of Chancery consists of one chancellor and two vice-chancellors, appointed by the crown, by commission, to hold office during good behavior, subject to removal by the governor, upon address of the two legislative hOuses, with a right to appeal to the queen in council. It has the same general jurisdiction as the court of Chancery in England in cases of fraud, accident, or mistake, matters re lating to trusts and fiduciary relations generally, to stay waste, compel specific performance of con tracts, for discovery of papers, to prevent multi plicity of suits, stay proceedinLs at law, regulate letters patent, try the validity of wills, grant ali mony, etc.