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UPPER CANADA STATUTES,

An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's

reign, entitled, "An act making more effectual provision for the government of the

province of Quebec in North America and to introduce the English law as the rule

of decision in all matters of controversy, relative to property and civil rights.”

WHEREAS by an act passed in the fourteenth year of his present Majesty, entitled,

"An act for making more effectual provision for the government of the province of Quebec,

in North America," it was, among other things, provided, "That in all matters of contro-

versy relative to property and civil rights, resort should be had to the laws of Canada as

the rule for the decision of the same;" such provision being manifestly and avowedly

intended for the accommodation of his Majesty's Canadian subjects: And whereas, since

the passing of the act aforesaid, that part of the late province of Quebec now compre-

hended within the province of Upper Canada, having become inhabited principally by

British subjects, born and educated in countries where the English laws were established,

and who are unaccustomed to the laws of Canada, it is inexpedient that the provision

aforesaid, contained in the said act of the fourteenth year of his present Majesty, should

be continued in this province; be it enacted by the King's most excellent Majesty, by and

with the advice and consent of the legislative council and assembly of the province of

Upper Canada, constituted and assembled by virtue of and under the authority of an act

passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an

act passed in the fourteenth year of his Majesty's reign, entitled, 'An act for making more

effectual provision for the government of the province of Quebec, in North America, and

to make further provision for the government of the said province,'" and by the authority

of the same, that from and after the passing of this act, the said provision contained in

the said act of the fourteenth year of his present Majesty be, and the same is hereby

repealed; and the authority of the said laws of Canada and every part thereof, as forming

a rule of decision in all matters of controversy relative to property and civil rights, shall

be annulled, made void, and abolished, throughout this province, and that the said laws,

nor any part thereof as such, shall be of any force or authority within the said province,

nor binding on any of the inhabitants thereof.

II. Provided always, and be it enacted by the authority aforesaid, That nothing in this

act shall extend to extinguish, release, or discharge, or otherwise to affect any existing
right, lawful claim, or incumbrance, to and upon any lands, tenements, or hereditaments
within the said province, or to rescind, or vacate, or otherwise to affect any contract or

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The laws of England to be henceforth the rule of decision.

But the ordinances of

the province of Quebec

are no repealed

than as by this act they are necessarily varied.

The rules of evidence in

security already made and executed, conformably to the usages prescribed by the said laws of Canada.

III. And be it further enacted by the authority aforesaid, That from and after the passing of this act, in all matters of controversy relative to property and civil rights, resort shall be had to the laws of England, as the rule for the decision of the same.

IV. Provided always, and be it enacted by the authority aforesaid, That nothing in this act shall extend, or be construed to extend, to repeal or vary any of the ordinances made and passed by the governor and legislative council of the province of Quebec, previous to the division of the same into the provinces of Upper and Lower Canada, otherwise than as they are necessarily varied by the provisions herein mentioned.

V. And be it further enacted by the authority aforesaid, That all matters relative to to be regulated by those testimony and legal proof in the investigation of fact, and the forms thereof, in the several courts of law and equity within this province, be regulated by the rules of evidence established in England.

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VI. Provided always, and be it enacted by the authority aforesaid, That nothing in this act contained shall vary or interfere, or be construed to vary or interfere, with any of the subsisting provisions respecting ecclesiastical rights or dues within this province, or with the forms of proceeding in civil actions or the jurisdiction of the courts already established, or to introduce any of the laws of England respecting the maintenance of the poor, or respecting bankrupts.

Preamble.

Chapter II.

An act to establish trials by jury.

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WHEREAS the trial by jury has been long established and approved in our mother country, and is one of the chief benefits to be attained by a free constitution, be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, An act for making more effectual provision for the government of the province of Quebec, in North America, and to make further provision for the government of the said province,'" and by the authority of the same, That from and after the first day of December, in this present year of our Lord one thousand seven hundred and ninety-two, all and every issue and issues of fact, which shall be joined in any action, real, personal, or mixed, and brought in any of his Majesty's courts of justice within the province aforesaid, shall be tried and determined by the unanimous verdict of 36th Geo. III, c2; 48th twelve jurors, duly sworn for the trial of such issue or issues, which jurors shall be summoned and taken conformably to the law and custom of England.

All issues of fact to be

determined by the verdict of 12 jurors, conformably to the law and custom of England.

(See 34th Geo. III, c 1;

Geo. III, c 13.)

Who may bring in a special verdict.

II. Provided always, and be it further enacted by the authority aforesaid, That nothing herein contained shall prevent, or be construed to prevent, the said jurors, in all cases where they shall be so minded, from bringing in a special verdict.

Chapter III.

An act to establish the Winchester measure, and a standard for other weights and measures throughout this province.

[REPEALED BY 4TH GEO. IV, CH. 16.]

Preamble.

Chapter IV.

An act to abolish the summary proceedings of the courts of common pleas in actions under ten pounds sterling.

WHEREAS the introduction of the trial by jury hath materially altered the constitution of the courts of common pleas, held for the trial of causes under the value of ten pounds sterling, so that their times of sitting and forms of process must become manifestly incon venient; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, "An act for making more effectual provision for the

government of the province of Quebec, in North America, and to make further provision for the government of the said province,'" and by the authority of the same, That from and after the passing of this act, all causes of action that exceed in value the sum of forty shillings, Quebec currency, shall be commenced and proceeded in at the same times and in tions above 40s. the same manner as is directed for the trial of causes above ten pounds sterling.

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Chapter V.

An act to prevent accidents by fire in this province.

WHEREAS the inhabitants of the province of Upper Canada are liable to receive great' Preamble. injuries from accidental fires that may happen therein; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, An act for making more effectual provision for the government of the province of Quebec, in North America, and to make further provision for the government of the said province," and by the authority of the same, That from and after the first day of November, in the year of our Lord one thousand seven hundred and ninety-two, it shall and may be lawful for the magistrates of each and every district in this province, in quarter sessions assembled, to make such orders and regulations for the prevention of accidental fires within the same, as to them shall seem meet and necessary, and to appoint firemen, or other officers, for the prevention of accidental fires, or for the purpose of extinguishing the same, when such may happen; and to make such orders and regulations, as to them may seem fit or necessary, in any town or towns, or other place or places, in each district within this province, where there may be forty store houses and dwelling houses within the space of half a mile square.

sessions authorized to

Magistrates in quarter make regulations to prevent accidental fires dwelling houses are erected within half a (See 7th Geo. IV, c 8.)

40 store and

mile

Chapter VI.

An act for the more easy and speedy recovery of small debts.

of every

Two or more justices may hold a court of reguests on the 1st and month, within their respective divisions, to ter sessions,

WHEREAS it will contribute to the conveniency of the inhabitants of this province, to Preamble. have an easy and speedy method of recovering small debts; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, 'An act for making more effectual provision for the government of the province of Quebec, in North America, and to make further provision for the government of the said province," " and by the authority of the same; That from and after the passing of this act, it shall and may be lawful for any two or more justices of the peace, acting under and by virtue of his Majesty's commission within the respective limits of their said commissions, to assemble, sit and hold a court of justice, to be called a court of requests, on the first and third Saturday, in every month, at some fixed place within their respective divisions, which division shall be ascertained and limited by the justices assembled in their general quarter sessions, or the greater part of them, and the place for holding the said court shall be fixed by the justices acting in and for the said division, or the greater part of them; and the said justices are hereby declared, constituted, and appointed, to be commissioners to hear and determine all such matters of debt as are hereinafter mentioned; and shall have power and authority, by virtue of this act, to give judgment, and decree and award execution thereupon, with such costs as shall be hereinafter specified, against the goods and chattels of all and every the person and persons against whom they shall give any judgment or decree, as to them shall seem just in law and equity. II. [Repealed by 56th Geo. III, c 5, s 1.]

III.. And for the more due and regular proceedings in the said court, it is hereby further enacted, That it shall and may be lawful for the said justices to administer an oath to the plaintiff or defendant, as well as to such witness or witnesses as shall be produced by each party, and also to all the officers of the said court, when the said justices shall think it

meet.

quar

and give judgment and award execution there

upon as shall seem just.

May administer an oath to either party, and to also officers of the

their and

court.

IV. And be it further enacted by the authority aforesaid, That in case any person or persons shall make oath or give evidence in any cause depending before the said justices in the said court, whereby he or they shall commit wilful or corrupt perjury, and thereof be duly convicted according to law, that such person or persons shall suffer the pains and 5th Eliz.

Perjury punished as by

Commissioners shall be

sworn.

Oath.

Fees.

penalties inflicted on wilful and corrupt perjury, by the statute passed in the fifth year of the reign of Queen Elizabeth.

V. And be it further enacted by the authority aforesaid, That no person or persons shall be capable of acting as a commissioner or commissioners in the execution of the power given by this act, until such time as he or they shall respectively have taken an oath, to the effect following:

"I, A. B., do swear, that I will faithfully, impartially, and honestly, according to the best of my judgment, hear and determine such matters and things as shall be brought before me, by virtue of an act of the legislature of this province, entitled, 'An act for the more easy and speedy recovery of small debts,' without favor or affection to either party. So help me God."

VI. And be it further enacted by the authority aforesaid, That the several fees and sums of money hereinafter limited and expressed, and no more, shall and may be taken : For every summons, six pence; for every judgment, two shillings; for every execution, two shillings; for every subpoena, six pence; for every copy of judgment, if demanded, one shilling; the allowance to be paid to all and every of the witnesses, to be left to the discretion of the justices, but not to exceed two shillings and sixpence per day to each witness; and for serving every summons or subpoena, within one mile of the justice's house, one shilling; and for every mile in travelling to execute the same, when the distance exceeds one mile, four pence; for serving a writ of execution, seizing and selling effects and making return, two shillings.

[See 37th Geo. III, c 6, s 7; 38th do. c 3; 42d do. c 2, s 1; and 56th do. c 5.]

Preamble.

No greater proportion
be taken for
and bolting grain than

one twelfth.

Chapter VII.

An act to regulate the toll to be taken in mills.

[Passed October 15, 1792.]

WHEREAS it is expedient to ascertain and determine the quantity of grain to be taken by way of toll, for grinding the said grain into flour and bolting the same, and whereas different customs have obtained within the several districts of this province; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, 'An act for making more effectual provision for the government of the province of Quebec, in North America, and to make further provision for the government of the said province,"" and by the authority of the same, That from and after the first day of January, in the year of our Lord one thousand seven hundred and ninety-three, no owner or occupier, or owners or occupiers of any mill or mills within this province, or any person employed by him or them, shall demand, take, or receive any quantity or proportion of grain, brought to him or them to be ground and bolted, greater than one twelfth share or part, for grinding and bolting such grain.

II. And be it further enacted by the authority aforesaid, That any owner or occupier, or owners or occupiers of a mill or mills within the said province, or any person employed by him or them, who shall demand and take, after the day and year above mentioned, any quantity or proportion of grain, greater than one twelfth share or part of such grain as aforesaid, shail, for every such offence, forfeit and pay the sum of ten pounds, Quebec how levied and applied. currency; one moiety thereof to his Majesty, his heirs and successors, for the public uses of the said province, and the support of the government thereof; and the other moiety of the said sum to any person who shall sue for the same in any of his Majesty's courts of record within this province.

Penalty,

III. And whereas much inconvenience and confusion has arisen from the custom of bringing bags of grain, without any distinguishing mark to whom the said bags of grain belong; be it enacted by the authority aforesaid, That no owner or occupier of any mill shall be bound to receive, or be chargeable with the loss of any bag or bags of grain or Bags must be marked. flour, unless the same be marked with the initial letters of the christian and sirname of the owner of the said grain, or with some mark distinguishing the said bag or bags, which mark of distinction shall be previously communicated and made known to the said owner or occupier, or his servant usually attending the said mill.

Chapter VIII.

An act for building a gaol and court house in every district within this province, and for altering the names of the said districts.

[Passed October 15, 1792.]

Preamble.

WHEREAS great inconveniences have been suffered by the inhabitants of this province from the want of prisons and court houses in the several districts thereof, and whereas such buildings are manifestly necessary for the regular administration of justice, and the due execution of the laws; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the legislative council and assembly of the province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, 'An act for making more effectual provision for the government of the province of Quebec, in North America, and to make further provision for the government of the said province,' ," and by the authority of the same, That a gaol and court house shall be erected, in manner hereinafter A gaol and court house to be mentioned, in each and every district throughout the said province.

II. And be it further enacted by the authority aforesaid, That from and after the passing of this act, the name of the district at present known by the name of the district of Lunenburgh, and bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester, in the twenty-eighth year of his Majesty's reign, is described, shall cease, and that the said district shall hereafter, in all public proceedings, be called and known by the name of the Eastern district.

III. And be it further enacted by the authority aforesaid, That from and after the passing of this act, the name of the district at present known by the name of the district of Mecklenburgh, and bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester, in the twenty-eighth year of his Majesty's reign, is described, shall cease, and that the said district shall hereafter, in all public proceedings, be called and known by the name of the Midland district.

IV. And be it further enacted by the authority aforesaid, That from and after the passing of this act, the name of the district at present known by the name of the district of Nassau, and bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester, in the twenty-eighth year of his Majesty's reign is described, shall cease, and that the said district shall hereafter, in all public proceedings, be called and known by the name of the Home district.

V. And be it further enacted by the authority aforesaid, That from and after the passing of this act, the name of the district at present known by the name of the district of Hesse, and bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester, in the twenty-eighth year of his Majesty's reign, is described, shall cease, and that the said district shall hereafter, in all public proceedings, be called and known by the name of the Western district.

VI. Provided always, and it is hereby enacted, That such alteration of the names of the said several districts shall not impeach, or be construed to impeach the validity of any existing commission, granted for the exercise of any authority or jurisdiction within the limits of the said districts, or any of them, by the names hereinbefore mentioned, or to make void any legal or other proceeding, had under and by virtue of the said commissions, or otherwise to affect the said commissions in any respect whatever.

to be built in each district.

of Lunen

burgh to be henceforth called the Eastern dis

trict.

The district of Mecklenburgh to be henceland district.

forth called the Mid

The district of Nassau the Home district.

to be henceforth called

The district of Hesse the Western district.

to be henceforth called

Such alteration of names not to avoid comceedings.

Magistrates in quarter ferent plans and elevations of a gaol and court of one, and

sessions to procure dif

house, and to approve

VII. And for the better effectuating the building of the said gaol and court house in each of the said districts, be it further enacted by the authority aforesaid, and it is hereby enacted, That the justices of the peace within the respective limits of their commissions, at the general quarter sessions assembled, shall be authorized, and they are hereby authorized, by such means as shall to them seem most fitting and convenient, to procure different plans and elevations of a gaol and court house, to be laid before them, for the purpose of selecting and determining upon one of the said plans and elevations, which shall be approved of by the greater part of the said justices then and there assembled as aforesaid. VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any two or more of the said justices, assembled in manner aforesaid, in the to contract for building the same, agreeable name and on the behalf of the inhabitants of the several districts, to contract, and they thereto. are hereby enabled and authorized to contract, with any person or persons, who shall be willing to build the said gaol and court house, according to the plan so approved of as aforesaid, upon a scite or situation to be determined upon by the said justices, or the greater part of them, so assembled as aforesaid; and for that purpose, the said plan and elevation shall remain and continue in the office of the clerk of the peace of the said several districts, for general inspection, and public notice shall be given to all persons willing to contract for the building of the said gaol and court house, to deliver in, within a certain limited time, written proposals or offers, under seal, of the sum of money for

Public notice being given for receiving proexamined, the lowest posals, and the same shall be accepted, prosufficient.

vided the

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