@riqce fidward 60

6199030

awe Euniciarp

The judiciary of Prince Edward Island is moulded upon that of England, with such changes as are necessary to adapt it to the requirements of a new country, or as experience has shown to be desirable. It consists of a Supreme Court with one Chief Justice—the first appointment to which office was made in I77o—and two assistant judges (the Master of the Rolls and the Vice-Chancellor); a Court of Chancery (of which the Lieutenant Governor was formerly chancellor), the judicial powers being exercised concurrently by the Master of the Rolls and the Vice-Chancellor ; a Court of Marriage and Divorce, instituted in 1836, of which the Lieutenant Governor and members of the Executive Council are judges; a Court of Vice—Admiralty with one judge (the Chief Justice); 21 Court of Probate and Wills with one surrogate and judge of probate; three County Courts with one judge for each; a City Court in Charlottetown with one judge; a stipendiary magistrate at Summerside; four stipendiary magistrates, two for Prince County, and one for each of the counties of Queen’s and King’s ; and justices of the peace.

The Supreme Court is the highest court of common law, and meets at Charlottetown, Summerside, and Georgetown— there being in all eight terms, six for the trial of causes and two for arguments, etc. Prior to 1873, the practice in the Supreme Court was as it existed in England, before the enactment of the Common Law Procedure Act of 1852, which now governs the practice and pleading of the court. The Court of Appeal in law and in equity consists of the three judges; and appeals from Prince Edward Island are carried to the Supreme Court of Canada, and thence to the judicial Committee of the Privy Council.

The Court of Chancery, .the highest court of equity, adjudicates in all cases beyond the reach of common law, such as breaches of trust, etc.—~the proceedings being similar to the Court of Chancery in England prior to the passing of the