RECORDERS' COURTS

The Recorders' Courts were based on the same English and American precedent as their immediate predecessor, the Mayor's Court. Their name was drawn from the practice in municipal courts in England of appointing a legally qualified and salaried justice, usually called the Recorder, to assist the mayor and aldermen.⁽⁶⁷⁾

Establishment and Jurisdiction

A Recorder's Court was established in Montreal as part of the city charter revisions of 1851. Similarly, a Court was also established in Quebec City in 1856.

The Montreal Court initially had summary jurisdiction over the same penal matters as the Court of Weekly Sessions of the Peace, over infractions of city by-laws, over civil matters involving suits of the city for the recovery of money owed it for taxes, rents, etc. and over vagrants and disorderly persons. In 1852, the Court's jurisdiction was extended to assault and battery and assault on constables in the execution of their duty, committed within the city. On its establishment, the Recorder's Court of Quebec City was given the same jurisdiction as the Montreal Court. In 1857, the Courts' jurisdiction was extended to simple larceny below 5sh, and all simple larceny if the accused pleaded guilty. Finally, in 1858, the Courts' jurisdiction was extended to aggravated assault, assault on officers of justice, minors, and women, and keeping or frequenting bawdy houses.

Composition and Sessions

The Courts were held by the city's Recorder or, in his absence, the Mayor or any city councillor. The Courts had as many daily sessions as the Recorder or his substitutes saw fit to hold.

Revision

There was no explicit provision for appeals from judgements of the Courts. However, as their penal jurisdiction was initially defined as being the same as that of the Courts of Weekly Sessions of the Peace, the Recorders' Courts may have been subject to the same appeal provisions; if so, their judgements in certain cases could be appealed to the Courts of Quarter Sessions of the Peace.⁽⁶⁸⁾

Legislation

14&15 Victoria c.128 (1851) (in force with amendments 1851-)
Establishing a Recorder's Court at Montreal.

16 Victoria c.27 (1852) (in force 1852-)
Extending the jurisdiction of the Court to assault and battery committed within the city.

19&20 Victoria c.106 (1856) (in force with amendments 1856-)
Establishing a Recorder's Court at Quebec City.

20 Victoria c.27 (1857) (in force 1857-)
Extending the jurisdiction of the Courts to certain types of larceny.

22 Victoria c.27 (1858) (in force 1858-)
Extending the jurisdiction of the Courts to certain types of assault, and keeping or frequenting bawdy houses.

Page content last updated 2003-05-26