HomeMy WebLinkAboutThe Goderich Signal-Star, 1977-06-30, Page 58w
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Justice
Prior- to 1842 the Huron
Tract was part of the London
District. In 1842 the Huron
District, comprising what is
now the Counties of Huron,
Perth and Bruce, was
established, with Goderich
being the District Seat, and
Judge Arthur Acland as its
first judge.
Although the Huron District
was dissolved in 1849 and the
three counties of Huron,
Perth and Bruce erected in its
stead, Goderich remained the
County Seat of the United
Counties of Huron, Perth and
Bruce until 1853, when Perth
became a separate county
with its own court house and
judge, but continued on as the
County Seat of the United
Counties of Huron and Bruce
until 1866 when Bruce was
made a separate county.
In the early days, before
the old Goderich Court House,
which was destroyed by fire
in 1954, was built, Courts of
Assize and County Courts
were heldin the old British
Hotel, known as "Rat-
tenbury's". Smith's Canadian
Gazetteer of 1846 notes that,
in that year, Goderich had a
population of 659 but boasted
a stone jail and court house
and'two lawyers.
In 1877, when Goderich was
fifty years old, Seeker Brough
(who had been Tiger Dunlop's
lawyer in the famous
disputed election hearing of
1841) was the County Court
Judge of Huron County. .It is
interesting to compare the
jurisdiction then enjoyed by a
county judge with the
jurisdiction such judge has
today.
In 1877 the county judge had
jurisdiction to 'try personal
actions where the amount
involved did not exceed
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$200.00. Today, the county
judge _ has absolute
jurisdiction to try cases in-
volving up to $7,500.00; and if
no party challenges his
jurisdiction to do so, may try
cases in any amount.
In criminal matters the
county judge today may try
all indictable offences except
treason, alarming per
Majesty, intimidating
Parliament, inciting to
mutiny, sedition, piracy,
piratical acts, murder,
corrupting justice, and the
offence of, attempting or
conspiring to commit or being
an ace ory after the fact to
some of those offences.
He may, for example, try a
person for attempted murder
or rape, and if that person so
elects, he may try him
without a jury. In 1877, the list
of felonies a county court
judge could not hear was
much longer, and included
certain forms of larceny and
offences involving explosives.
Today, he also -takes sum-
mary conviction appeals (e.g,
impaired driving offences)
from the Provincial Judge.
The county court judge is
also the local judge of the
High Court of Justice for
Ontario - and, as such, has
had jurisdiction to hear
divorce cases since 1970. He is
also Local Master of the
Supreme Court of Ontario,
and Surrogate Court Judge,
the latter position requiring
that he pass on the sufficiency
of wills presented to him for
probate, and deal with letters
of administration, letters of
guardianship, custody of
children and other matters.
He is also the Small Claims
Court Judge. The Small
Claims Court deals with cases
where the amount involved,
(generally speaking) isunder
$400.00. Cases involving
$200.00 or less are nen-
appealable.- In 1877 the limit
of the Division Courts' . (aslj it
then was called)_ jurisdiction
in a personal action was
$40.00.
The county judge is also'in
certain counties - Huron is
one - the Citizenship CoOrt
Judge. He may also be coifed
upon to act as Extradition
Judge. under the Canadiaan
Extradition Act. In many
counties, he is also a..member
of the police commission, ,
Ontario is new divided into
eight judicial districts; ea7ch
comprising a number hof
counties. Huron is in District
No, 1, which also includes
Bruce, Perth, Middlesex,<
Lambton, . Elgin, Oxford,
Kent and Essex Counties.
A county judge may be, and
frequently is, required to
adjudicate • in any other
county in his district. lir fact,
he may be asked to sit as.
judge in any county in
Ontario.
The history. of the Huron -
County Court Judges .follows:
Iudge ArthurAcland ..
Arthur Acland,. first Judge
Of the County Court for
Huron, was a son of M.
Gideon Acland, barrister, of
Perth, Ont., and 'later St.
Thomas.
He studied law in the office
of William Draper (afterward
Chief Justice) and one of 15
persons . qualified as
magistrates in the. Huron
District.:'` He was appointed
Judge on December 6.4841. In
the Days . of the 'Canada
Canada:, Company (Liars)
describes him as an English-
man(?) of convivial type,.
Judge Arthur Acland •
"He, like Dr.. Dunlop, had a.
liquor case, made much after
the manner of that of the
Twelve ` Apostles, , but con-
taining only six bottles. . .
Circuit meant travelling at
stated times, be the roads as
they. .might, and provision for
a belated • state was but
common prudence."
Mr. Acland married Sarah
Aldred Williams, a native of
St. Catharines. They had no
children, but Arthur Acland
Williams, son of Raby
Williams, Colborne township,
was named for the Judge.
Judge John Scott
Judge John Scott was; the
second Judge of Huron
County. His tenure .of..office
.
1854-1855 was very short and
aid
Ir
i
there is a'dearth of mat
concerning him.
I.udge John Strachan
John Strachan, third sop'
the Anglican Bishop
Toronto, was Judge of Hu
County from 1855 to 1
Born in 1815, he was enrol
at Upper Canada Colle
(then called Minor College)
1830 and was removed 1
there by his parents when
was 16. For some time;
lived with Alexand
Bethune, who supervised
education.
His sister. Elizabeth w
married to Thomas Me
Jones, commissioner of
Canada Company, and
moved ' to Goderich. J
began the practice of
"here and • in 1845 marri
Margaret Ann Jone
daughter of Judge Jo
Jones of the Supreme Co
but at the age of 30 he was
success as a barrister,
his most notable talent
said to be that of spend
money:
Appointed Judge of
District Court of Huron
Bruce in. 1855, he became:
the:,. following year, return
to' his parents' home
Toronto and died there.
only 'son, George Crooksha
died the same year.
Judge Robert'Cooper
•
Although Judge Cooperw
judge of Huron County f
1856-1866; all that we kno
him is that he was a tails!
Englishman with no ear
music (Lizars)
Judge Luke Brough
Luke (Seeker) Brough
Turn to page 1
Ma
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181
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