DISTRICT COURTS

District Courts had existed in Upper Canada since 1794, where they had jurisdiction over civil matters involving sums between 40sh and £15.⁽⁹¹⁾ In Lower Canada, they were an innovation of the Special Council that lasted only two years.

Establishment and Jurisdiction

A initial attempt to establish District Courts was made in 1840. Courts were to be established in each of the districts into which the colony was to be divided, held by the Sheriffs, and with jurisdiction over civil matters involving sums not over £St20. However, as the enabling legislation was never put into force, the Courts were not actually established.

District Courts were first actually established in the judicial reorganization of 1841, with a Court in each inferior district into which the colony was divided. The Courts had summary jurisdiction over civil matters involving sums between £6-5sh and £St20. As such, they assumed part of the jurisdiction previously held by the Circuit Courts and the Inferior Terms of the Courts of King's Bench, and part of that held by the Superior Terms of the Courts of King's Bench.

The Courts were abolished in the judicial reorganization of 1844. Their jurisdiction was assumed by the Circuit Courts and the Inferior Terms of the Courts of King's Bench.

Composition and Sessions

The Courts were held by the District Judge of their inferior district. The terms of the Courts were set by proclamation.

Removal and Revision

Cases affecting future rights could be removed before judgement from the Courts to the Court of King's Bench of the same district. Judgements of the Courts in cases over £St15 could be appealed to the Court of King's Bench of the same district.

Legislation

3&4 Victoria c.43 (1840) (never in force)
Establishing a District Court for each district.

4&5 Victoria c.20 (1841) (in force 1841-1844)
Establishing a District Court for each inferior district.

7 Victoria c.16 (1843)
Abolishing the Courts as of 1844.