DIVISION COURTS

Like the Circuit Courts of Requests that they partially replaced, the Division Courts were a short-lived innovation of the Special Council. They were probably based on the courts of the same name in Upper Canada, which had jurisdiction over civil matters involving sums not over £10.⁽⁹⁶⁾

Establishment and Jurisdiction

In the judicial reorganization of 1841, Division Courts were established for each of the inferior districts into which the colony was divided. They had summary and final jurisdiction over civil matters involving sums under £6-5sh concerning debts or contracts (apart from those concerning debts for gambling or for the purchase of alcohol in a tavern). As such, they assumed the jurisdiction of the Commissioners' Courts, and part of that of the Circuit Courts of Requests and the Inferior Terms of the Courts of King's Bench. Cases in the Courts were to be determined according to equity.⁽⁹⁷⁾

The Courts were abolished in the judicial reorganization of 1844. Their jurisdiction was assumed by the Commissioners' Courts.

Composition and Sessions

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

Revision

Judgements of the Courts could not be appealed.

Legislation

4&5 Victoria c.20 (1841) (in force 1841-1844)
Establishing Division Courts in each inferior district.

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

Page content last updated 2008-05-30