PART XII.

BRITISH COLUMBIA.

PREPARED EXPRESSLY FOR THIS WORK BY M. W. T. DRAKE, VICTORIA.

CHAPTER I.

COURTS THEIR JURISDICTION AND TERMS.

The Supreme Court is presided over by a Chief Justice and two pusne Judges. This Court exercises a legal and equitable jurisdiction in all matters. It has sole control over the estate of infants, lunatics and deceased persons, and claims a jurisdiction in divorce and matrimonial causes. The admiralty jurisdiction of the Province is vested in the Chief Justice alone. It is the Court of Appeal from all inferior tribunals, and from it there is an appeal to the Supreme Court of Canada and Privy Council of England.

The Judges also sit as Judges of assize for the trial of criminals. The Court holds three terms annually for the purpose of disposing of law points reserved at trials, for hearing motions for new trials, appeals, special cases, etc., etc. These sittings are held at Victoria, and the terms are held in February, April and November. For matters of procedure the Judges sit constantly.

The Assize Courts are held three times a year, for the trial of prisoners and civil causes with a jury. The Assize Courts are held all through the Province, the Judges going on circuit for the purpose.

All matters not jury cases are disposed of by the Court on application.

The County Court is held for the trial of actions of debt or damage up to $500. Actions of ejectment, libel, false imprisonment, and some others, are excluded from the cognizance of these Courts.

This Court is held every month, and disposes of the cases brought before it without pleadings, and in a summary and expeditious manner. The Province is divided into six districts for this purpose, The Justices of the Peace have no civil jurisdiction. All prisoners have to be committed by the Justices before they can be tried. At the assizes, and after committal, the case goes before the grand jury, and if a true bill is found the prisoner is put on his trial; if no bill is found he is at once discharged.

The municipalities have also a limited jurisdiction for enforcing their by-laws.

CHAPTER II.

COMMENCEMENT OF SUITS.

Civil suits in the Supreme Court are commenced by writ of summons, to which the defendant has to appear in eight days; if he fails to appear after due service, the plaintiff signs judgment for his debt; if he appears, the plaintiff proceeds to state his cause of action in a pleading called a declaration, to which the defendant replies by a plea, and in the majority of cases the action being thus put in issue is set down for trial; but any neglect of the defendant

to proceed according to the rule, subjects him to the penalty of having judgment signed against him. In some cases the pleadings extend considerably beyond this, until at last they arrive at issue and are then ripe for trial.

In the generality of cases a jury is not summoned unless at the request of either plaintiff or defendant, but the Judge disposes of both law and fact.

In actions on bills of exchange and promissory notes, if brought within six months of the due date of the bill or note, the defendants are not allowed to defend except on special ground shown in affidavits.

All writs must be personally served, unless the defendant is keeping out of the way to avoid service, and then the Court allows substituted service. If the defendant is abroad, whether a foreigner or not, special forms of writ are provided, but the service must be personal.

In equity cases proceedings are commenced by bill of complaint, being a narrative of the circumstances on which the plaintiff relies for relief. The defendant has a month to answer, and after answer there are several different modes of bringing the suit to a hearing. The evidence is generally taken on affidavit, but may be viva voce. A single Judge disposes of equity cases without a jury.

Suits can be disposed of at any place the plaintiff fixes; liable to be changed on good cause shown.

CHAPTER III.

LIMITATIONS OF ACTIONS.

Six years is the limitation for all simple contract debts; twenty years for all specialty debts. In case the cause of action arose in a foreign country, the defendant may plead the statute of limitations of such country as a bar. A foreign judgment is placed on the same footing as a simple contract debt, and has to be sued within the same time.

CHAPTER IV.

ATTACHMENTS

ARREST IN CIVIL ACTIONS.

Attachments are not allowed.

Arrest in civil actions is in practice only resorted to for the purpose of compelling a defendant who is about to leave the jurisdiction to give security for the alleged debt. The Sheriff keeps him in charge until he has put in security, or until the trial of the action. There is no imprisonment for debt. But the County-Court Judges have power of committal for disobedience of orders for payment of money.