STATUTES OF UPPER-CANADA PASSED IN THE FIRST SESSION OF THE FIRST PROVINCIAL PARLIAMENT, MET AT NIAGARA, ON THE SEVENTEENTH DAY OF SEPTEMBER, AND PROROGUED ON THE YEAR OF THE REIGN OF GEORGE III. JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR. ANNO DOMINI 1792. CHA P. I. AN ACT to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "An Act for 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.” WH [ 15th October, 1792.] Recital of Act 14 Geo. III. c 83. HEREAS, by an Act passed in the fourteenth year of his present Ma- Preamble. jesty, intituled, "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 controversy 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 comprehended 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that the Provision aforesaid, contained in the said Act of the fourteenth year of his present Ma jesty The same repealed jesty, should be continued in this Province; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla tive Council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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled '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said provision contained in the said Act, in of the fourteenth year of his present Majesty, be, and the same is hereby repealed; and the authority of the said Laws of Canada, and every part thereof, as forming a Rule of Decision in all matters of controversy relative to property and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. so far as it constitutes the laws of Canada a rule of decision, in mat ters of controversy, re lative to property and civil rights: without affecting claims on real property or contracts or securities already executed. The laws of England to be henceforth the rule of decision. But the Ordinances of the Province of Que bec are no further repealed than as by this Act they are necessarily varied. The rules of evidence to be regulated by those established in England. 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 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 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. But no alteration is VI. Provided always, and be it enacted by the authority aforesaid, That provisions respecting nothing in this Act contained, shall vary, or interfere, or be construed to vary ecclesiastical rights or or interfere with any of the subsisting provisions respecting Ecclesiastical dues, or the jurisdiction of courts of justice or 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. poor or bankrupt laws. CHA P. II. WHEREAS, CHA P. II. AN ACT to establish TRIALS by JURY. HEREAS, the Trial by Jury has been long established and approved Preamble. 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, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "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 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. be determined by the verdict of 12 jurors conformally to the law & (See 34 Geo. ш. c 1.) All issues of fact to custom of England. 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 Who may bring in a Jurors, in all cases where they shall be so minded, from bringing in a Spe- special verdict. cial Verdict. CHA P. III. An Act to Establish the WINCHESTER MEASURE, and a Standard for other Weights and Win Measures throughout this Province. Preamble. HEREAS, an uniformity of Weights and Measures is much desired 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 GreatBritain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "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 May, in the year of our Lord one thousand seven hundred and ninetythree, there shall be one just Beam or Balance, one certain Weight and Measure, and one Yard, according to the Standard of His Majesty's Exche- and measures. quer in England, used throughout this Province; and whoever shall keep any other Weight, Measure or Yard, whereby any Corn, Grain, or other thing is bought or sold, shall forfeit for every offence Two Pounds, Quebec Cur- plying B rency Standard for weights Penalty for not com rency, being thereof convicted before any two Justices of the Peace, to be leHow levied & applied. vied by distress and sale of the offender's goods, one half of which penalty shall be paid to the informer or informers, and the other half to His Majesty, his Heirs and Successors, for the public use of the said Province, and towards the support of the Government thereof. II. And be it further enacted by the authority aforesaid, That from and after the day above-mentioned, there shall be appointed certain judicious persons in every District throughout this Province, by the Magistrates in Quarter Sessions assembled, in and for such District, to ascertain the bushel, half bushel, or other measure by which Grain or other dry articles shall be bought or sold, and who shall mark and seal such bushel, half bushel, or other measure, with the letters and figures G. III. R. and receive for the same the sum of four pence Quebec Currency, without which letters and figures, no measure for Grain or other dry articles shall be used for the purposes aforesaid, under the penalty above-mentioned. III. Provided always, That this Act, and the provisions and penalties therein contained, shall not extend, or be construed to extend to the Western District, in this Province, until the twenty-fifth day of October, which will be in the year of our Lord one thousand seven hundred and ninety-three. Preamble. CHA P. IV. AN ACT to Abolish the Summary Proceedings of the Courts of Common Pleas in Actions under TEN POUNDS Sterling. HEREAS, 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 inconvenient; 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 UpperCanada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty'y Reign, intituled, '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 How to proceed in and proceeded in, at the same times, and in the same manner, as is directed for the Trial of causes above Ten Pounds Sterling. actions above 40. HEREAS, the Inhabitants of the Province of Upper-Canada are liable to receive great 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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 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 Fire-men, 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 StoreHouses and Dwelling-Houses within the space of half a mile square. Preamble. Magistrates in Quar ter Sessions authorized to make regulations to prevent accidental fires where 40 store & dwell ing houses are erected within half a mile square CHA P. VI. AN ACT for the more Easy and Speedy Recovery of SMALL DEBTS. HEREAS, it will contribute to the conveniency of the Inhabitants of this Province, to 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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "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, |