Subfonds RG6.3-sf3 - County Court of Prince County

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County Court of Prince County

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  • Textual record

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CA PCA RG6.3-RG6.3-sf3

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  • 1876-1979 (Creation)

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7 m. of textual records
1 reel 35 mm. microfilm

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This sous fonds consists of the legal and administrative records of the County Court of Prince County spanning the years 1876 to 1979. Some of the records, specifically an Oath of Office book, 17 June 1936 to 20 February 1979, are dated after the dissolution of the County Court. This sous fonds is divided into eight series: minutes, dockets, case papers, judgments, land tax judgments, County Clerks' records, Oaths of Office, and judges' records.

The legislation of 1873 divided the County Court of Prince County into five circuits with sessions being held in Alberton, Port Hill, Abram's Village, Summerside, and Centreville in January, March, May, July, September, and November each year. In 1878, the July sitting of the Court was abolished. In 1937, the number of circuits was reduced to four and in 1939 the 3rd circuit of prince was abolished and pending cases were assumes by the 5th circuit. Further legislation in 1940 and 1974 reduced the number of circuits to two and then one before the County Court of Prince County was abolished in 1975. (See legislation for more specifics of changes in location and sitting of each circuit court.)

The Judge of the County Court of Prince County appointed a chief clerk for the Court as well as an assistant clerk for each circuit. The chief clerk's office was located in Summerside while the assistant clerks had offices in their respective districts. The duties of the chief clerk and assistant clerks included keeping minutes of court sittings and minutes of judgments; issuing, signing, sealing and filing all writs and papers; recording all causes, rules, and orders; administering oaths; keeping books registering Causes, Rules, and Orders made and other proceedings; taking charge of and keeping account of all Court fees and fines payable or paid into Court and making a return to the Provincial Treasurer every three months; and swearing an affidavit of validity of records. At the end of each court session, the assistant clerks forwarded all original documents to the Chief Clerk while keeping copies for himself. The Chief Clerk was then responsible for auditing the original documents. In 1889, the Office of Chief Clerks of the County Courts were abolished and the Assistant Clerk of Summerside assumed duties of Chief Clerk of Prince County as well as retaining his own duties. The audit of accounts of the assistant clerks was then undertaken by the clerk of the 5th circuit, Summerside. The Judge of the County Court audited the records of the clerks of the 5th circuit.

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