Division Court Handbook Including The Act Rules Forms And Fees With Special Sections On Practice And Procedure In The Division Courts

Author : Henry O'Brien
Publisher :
ISBN 13 : 9781331182924
Total Pages : 774 pages
Book Rating : 4.1/5 (829 download)

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Download or read book The Division Courts Act, Rules and Forms written by Henry O'Brien and published by . This book was released on 2015-07-11 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Division Courts Act, Rules and Forms: With All Other Enactments Affecting Proceedings in Division Courts, Numerous Practical and Explanatory Notes, Many New and Useful Forms, a Table of Division Court Limits, a Chapter on Prohibition, Mandamus and Certiorari, and a Very Complete Index A sketch of the legislation which has resulted in the present Division Court system, may shortly be given as follows: In 1792, Courts of Request were established by 32 Geo. III., cap. 6, which gave power to two or more justices of the peace to decide matters of debt up to forty shillings. This Act was amended in several particulars in 1816 by 56 Geo. III., cap. 5, which also increased the jurisdiction of the Courts to 5. By the 3 Wm. IV., cap. 1, the jurisdiction was further increased to 10; commissioners were appointed to preside in the Courts in the place of justices of the peace; a clerk and bailiff were appointed for each Court, and the commissioners, clerks and bailiffs were all paid by fees. In course of time, the large majority of the commissioners proved to be utterly unworthy of the confidence of the Government or of the people, and the evil was so great that a commission was issued in October, 1839, to investigate the subject generally, and, if possible, suggest a better mode of recovering small debts. The statute of 4 & 5 Vict., cap. 53, was the result of this inquiry. The Bill was introduced by the then Attorney-General, Mr. Draper, and was based upon the report of the commissioners, of which he was one. To the sagacity and energy, therefore, of the present gifted Chief Justice of Upper Canada do we owe the establishment of our present admirable system of local Courts. This Act abolished the old Courts of Request, and in their stead established what we now call Division Courts. The District Court Judges were appointed to preside over these Courts in each district and were authorized to make rules of practice in their own Courts; the jurisdiction was further increased, and various other improvements effected. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."