(CANADA). A.D. 1882. CHAP. 2. An Act to amend the Act respecting the Supreme Court of HER [21st April, 1882.] ER MAJESTY, by and with the advice and consent of the enacts as follows: 44 Vic. 1. Section 1 of the Act passed by the Legislature of this Province Repeals sec. 1, chap. 6, in the 44th year of Her Majesty's reign, intituled "An Act respecting the Supreme Court of Canada and the Exchequer Court of Canada," is hereby repealed, and in lieu thereof the following shall be read: "The Supreme Court of Canada and the Exchequer Court, or Gives jurisdiction to the the Supreme Court of Canada alone, according to the provisions of and the Exchequer Court. the Act of the Parliament of Canada known as The Supreme and Exchequer Court Act,' shall have jurisdiction in the following cases : (a.) Of controversies between the Dominion of Canada and this In controversies between Province: Canada and British bia and any other (b.) Of controversies between any other Province of the Dominion, Between British Colum which may have passed an Act similar to this present Act, Province. and this Province: the validity of Acts of Columbia. Canada and British (c.) Of suits, actions, or proceedings, in which the parties thereto In certain cases involving by their pleadings have raised the question of the validity of an Act of the Parliament of Canada, or of an Act of the Legislature of this Province, when in the opinion of a Judge of the Court in which the same are pending such question is material; and in such case the said Judge shall, at the request of the parties, and may without such request if he thinks fit, order the case to be removed to the Supreme Court of Canada, in order to the decision of such question." 2. Sec. 3 of the said Act is hereby repealed, and the said Act as Repeals sec. 3, chap 6, 44 amended hereby shall come into force from and after the passing of Vic. this Act. A.D. 1882. CHAP. 3. An Act to provide for the establishment of a Provincial [21st April, 1882.] WHEREAS it has been recently declared by a Judgment of the Preamble Supreme Court of British Columbia that such Court is not a Provincial Court, and therefore is, in some important respects, not amenable to the Legislature of this Province: And whereas it is desirable in the interest of the Province and for the due and proper Administration of Justice therein that a Superior Court, subject to laws within the legislative authority of the Province, should be established: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: Superior Court. 1. There shall be and is hereby constituted within the Province a Constitutes a Provincial Provincial Superior Court, which shall, during the reign of a King, be called "His Majesty's Court of King's Bench for British Columbia,' and during the reign of a Queen "Her Majesty's Court of Queen's Bench for British Columbia;" and all writs, pleadings, and proceedings in the said Court shall be sufficiently designated and described by the words "In the King's Bench," or "In the Queen's Bench," according as the time shall be in the reign of a King or Queen. Jurisdiction of Court and Judges. 2. The said Court of Queen's Bench shall be a Court of Record of original and appellate jurisdiction, and shall possess and exercise in all matters and causes, civil and criminal, the like jurisdiction, rights, powers, privileges, and authorities as by the laws of the Dominion of Canada or of British Columbia were, at the commencement of this Act, vested in or capable of being exercised by the Supreme Court of British Columbia, or by any Superior Court constituted by the Province, or by any Courts of Assize and Nisi Prius, or of Oyer and Terminer and General Gaol Delivery of the said Province (whether created by Commission or otherwise). Jurisdiction of the Court. A.D. 1882. To include the like juris in the Judges of the diotion and powers vested present Supreme Court. Interpretation of "Su- [CH. 3.] COURTS, SUPERIOR (PROVINCIAL). [45 VICT.] 3. The jurisdiction aforesaid shall include the like jurisdiction, authorities, powers, and privileges as were, at the commencement of this Act, vested in or capable of being exercised by all or any one or more of the Judges of the said Supreme Court when sitting in the said Court or in Chambers, or in any Courts of Assize and Nisi Prius, or of Oyer and Terminer and General Gaol Delivery, in pursuance of any Proclamation, Ordinance, Act, Rule of Court, or other authority whatsoever. 4. The words "Supreme Court" or "Superior Court" appearing preme Court," "Superior in any Proclamation, Ordinance, or Act heretofore or hereafter passed by the respective Legislatures of the Dominion of Canada or British Columbia, shall include and mean the Court established by this Act, except the context be repugnant thereto. What Acts are to apply to the Court hereby constituted. And to the Judges thereof. The Supreme Court Judgment, &c., to have same effect as judgment, 5. The several Acts of the respective Legislatures of the Dominion of Canada and of British Columbia which in any way refer to procedure or practice in any cause or matter civil or criminal, within the jurisdiction of the Supreme Court of British Columbia, or of any Superior Court of the Province, or of any County Court thereof, or which relate to the division of the Province into Judicial Districts and to the residence and the duties of the Judges of the said Supreme Court within such districts, or to the administration of justice in the said Province or in any part thereof by the said Supreme Court or by any one or more Judges thereof, shall, whether the same have or have not been deemed to affect the said Supreme Court or the Judges thereof, apply to the Court hereby constituted, and to each and all of the Judges thereof, as fully and effectually as if the said last mentioned Court and the Judges thereof had, instead of the said Supreme Court and the Judges thereof, been mentioned in the said Acts or either of them. 6. The Rules of Court contained in the Order of Council dated the 16th day of October, 1880, and intituled "The Supreme Court Rules, 1880," shall, until modified, repealed, or varied by lawful authority, be the "Rules of Court" of the Court hereby constituted, in any civil matter, cause, or proceeding before it. 7. Every judgment, decree or order of the Court hereby con&c., of Supreme Court." stituted, in all and singular the causes and matters within its jurisdiction, and every execution, writ, warrant, or process thereon shall have all the force and effect as a like judgment, decree, order, execution, writ, warrant or process would have had if pronounced, made or issued by, in, or from the said Supreme Court of British Columbia at the time of the commencement of this Act. Court to consist of Chief 8. The said Court shall consist of a Chief Justice who shall be styled "The Chief Justice of British Columbia," and four Puisne |