![handle is hein.journals/locoumu2 and id is 1 raw text is: January, 1866.] LOCAL COURTS' & MUNICIPAL GAZETTE. [Vol. 11.-i
DIARY FOR JANUARY.
1. Mon...Circumcision. Heir and Devisee Sittings com.
rCo. ct. & Sur. Ct. Term begins. Taxes to be
[computed from this day. Municipal Elec.
4. Thurs. York and Peel Winter Assizes commence.
6. Satur. Epiphany. Co. Ct. and Sur. Ct. Term ends.
7. SUN...1st Sunday after Epiphany.
8. Mon. ..Election of Police Trustees in Police Villages.
10. Wed. ..Election of School Trustees.
14. SUN...2nd Sunday after Epiphany. [Board of Audit.
15. Mon. ..Treasurer & Chairm. of Mumo. to make return to
16. Tues...Heir & Devisee Sitt. end. Muns. & M. C. (except
[Co.'s) & Trs. of P.V. to hold Lt meeting.
20. Satur. Articles. &c., to be left with Secretary of L. .9.
21. SUN...3rd Sunday after Epiphany.
23 Tues...Mun. County Council to hold let meeting.
25. Thurs. Conversion St. Paul.
28. SUN... Septuagesima.
31: Wed. ..Last day for Cities & Counties to make return to
[Gov. Grammar School Trustees to rire
NOTICE.
Subscribers in arrear are requested to make immednid
payment of the sums due by them. All paymentsfor thu- cak
rent year made before the 1st March next will be receiring
cash payments, and will secure the advantages of the lower
rates.
AND
MUNICIPAL
GAZETTE.
JANUARY, 1866.
THE DIVISION COURT BILL.
We understand the Attorney-General hs
called for the opinion of the County juiges
upon the proposed bill of last session respect-
ing the Division Courts. This is a satiLfac-
tory way of treating the subject, for of coarse
those who are actually engaged in working
the Division Courts are most competenz to
pronounce an opinion upon it. Most of these
gentlemen have had large experience, some
of them of over a quarter of a century,'and
so they will give full expression to their.
laws there will be an amount of evidencevf
the highest character upon which- legislation
could be based.
Some of the changes proposed relate to an
enlarged jurisdiction to the courts, and upon
this point we do not at present express any
opirfion, but if the jurisdiction be increased
provision should be made for increased fees,
according to the increased powers, to the
officers, as well, we think, as some scheme of
remuneration to professional men for their
services, which would be more generally taken
advantage of in the event of an increased
jurisdiction. The fairness of such a provision,
not to the lawyer but to the client, has
already been alluded to.* No changes in this
respect are contemplated by the proposed
bill.
Many provisions in the bill we are sure
will meet the hearty approval of the County
judges, but they must be altered in form to
suit the courts. The whole statute law relat-
ing to them should be contained in one act.
rhe Division Court suitors, clerks and bailiffs
pannot be expected to havea library of books
tven if nothing be said of the convenience of
6aving the whole law in one book. The best
lan would undoubtedly be to do as Hon.
andfield Macdonald did, to repeal the exist-
ng statutes and consolidate the whole in one
(et. But we fear this is not likely to be done
for some time.
i The power to grant new trials in inter-
leader cases is much called for. It seems a
preposterous thing that in the most important
kind of cases there is no means of obtaining
a rehearing, however strong the grounds that
fnay arise for it-in mistake, surprise, the
4iscovery of new evidence, &c. We have
Peard numerous complaints on this head.
The right to call a jury in the same class of
cases is much needed also, for in these cases
questions of fraud in fact almost always arise
and they are just such questions as may be
pest left to juries to dispose of. Mr. Attorney
l facdonald has always shown great anxiety to
ave all that relates to the administration of
(he law placed on the best footing, and the
measures introduced by him have all been of
Taluable character and tending to this end,
and we think he has taken the best and safest
pourse to learn the opinion of the Coutity
.dges before giving his sanction to the legis-
*tion proposed, and those interested in courts
qre indebted to him for the course he has
taken. Theorists with the best intentions in
the world often injure the cause they intend to
serve, and we should be extremely sorry if by
hasty legislation the value of the Division
Courts was impaired-a scheme that works
well now, injured by being overgorged with a
class of work it was not designed for. The
capabilities of the courts for undertaking
what is proposed by the bill will be ascer-
tained from the opinions of the judges, and
we are sure that neither Attorney-General
Macdonald nor any other member of the
House who has the best interests of these
LOCAL COURTS' & MUNICIPAL GAZETTE.
[Vol. II.-1
January, 1806.]](ViewImageLocal?handle=hein.journals/locoumu2&div=1&collection=&method=preview&ext=.png&size=3)
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