Commissioners are appointed by the chief justice and one of the associate judges of the Queen's Bench or Common Pleas, or, in the absence of the chief from the province, by the two associate jus tices of those courts, to take evidence, which is to be of the same value as if taken in open court. They are also to take acknowledgments of deeds, wills, etc., which are to be recorded in the other province.
15. A County Court sits four times a year in each county or union of counties. It consists of a judge, or a judge and &junior judge, appointed by the gov ernor from among the barristers of five years' stand ing, by commission under the great seal of the province, to hold office during good behavior, sub ject to removal by the governor, with the assent of the Court of Impeachment. It has jurisdiction over personal actions where the debt or damages do not exceed two hundred dollars, actions of debt, covenant, and contract to the amount of four hun dred dollars, where the damages have been liquid ated by the parties or by instrument signed by the defendant, on bonds and recognizances to any amount, and over actions brought by a landlord to recover possession where the tenant's term has ex pired, or his rent is in arrear sixty days or more. It has no jurisdiction where the title to land is brought in question, where the validity of a devise, bequest, or limitation under a will is in dispute, or of actions for libel, slander, criminal conversation, or seduction, or for misbehavior by a justice of the peace.
The Surrogate's Court is held by the senior county judge, who is surrogate, ex officio, in his county. There are four terms a year. It has jurisdiction of the probate of wills, grant of letters testamentary and of administration, the appointment and control of guardians for minors, lunatics, etc., subject to a right of appeal to the court of Chancery.
16. A Divisionary Court is held by the county judge in each division, of which there are to be not 'less than three nor more than twelve in each county. They are not courts of record.. The proceedings are summary, and extend to all personal actions where the debt or damages claimed are not over forty all cases of deiit, account, breach of contract or•ovenant, or money demand, where the amount or balance claimed does not exceed. one hnndred dollars. The exceptions to the jurisdio tiOn are•he same as to the jurisdiction of the county courts; and, in addition. actions for gambling debts and actions on undertakings for which the:consi is liquor drunk in taverns. A' jurymay, in specified cases, .be demanded,:
Justices of the Peace are appointed by commis sion by the and for certain remote districts by the. governor. They must have a property of the.clear value of'twelve hundred dollars. No at torney, solicitor, orprocto•in any court may be an attorney, in certain specified cases. Their duties refer. mainly to the preservation- of the peace, and the and commitment' of offend ers. They may issue search-warrants.
Li Lower Canada.' 17. The Court of Queen's Beech consists' of ono chief and three puiSne judges, appointed by the qUeen by letters patent under the great seal of the province. The justices must have been justices of the court of Queen's Bench, or judges of the supe rior or circuit courts, or advocates of at least ten years' standing. They must reside either at Quebec or Montreal, and' one at least in each city. It exercises jurisdiction as a court of errors and ap peals, and has the jurisdiction of the old provincial court of appeals. Two terms are held annually at Quebec and two at Montreal. Three judges consti tute a quorum; and three must concur in reversing any judgment. Whenever, from any cause, two or more justices are disqualified or absent from the province, others may be 'appointed by the governor for the emergency (ad hoc). Criminal terms aro held twice a year in each of the seven districts, ex cept Gaspe. Prov. Act 12 Viet. c. 37.
18. The Superior Court consist, of one chief and' nine puisne judges, appointedin the same manner and' possessing the same qualifications as the jus tices of the Queen's Bench. This court has ori ginal civil jurisdiction throughout Lower Canada, with full power and authority to take cognizance of, hear, try, and determine in the first instance, and in due course of law, all civil' pleas, causes, and matters whatsoever, except' those of purely ad miralty jurisdiction. It has a general supervisory power over all courts; persons, and corporations except the Queen's 13ench. Three terms of' the court are held annually in each of the larger dis tricts, by not less than two nor more than three judges; and two constitute a quorum. Sittings to gyve judgment (en delibere) are held the first two juridical days of each week, except in August. Single jtidges may hold sittings in vacation for Puy trialS. A jury must be called for in the decla ration, if desired. An appeal lies to the Queen's Beach. In Gasps,. Ottawa, and ICamomaska, the powers of the superior court are exercised by ktdges of the circuit court, except during the term of the superior court in those districts.