DORCHESTER, G. GEORGE the THIRD by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To all our loving Subjects whom these Presents may concern, Greeting: WHEREAS, our Province of Quebec stands at present divided only into two Districts, and by virtue of two certain Acts or Ordinances, the one passed by our Governor and the Legislative Council, in the twenty-seventh year of our Reign, and the other in the present year, provision is made for forming and organizing one or more new Districts; NOW therefore know ye, that our Governor of our said Province, by the advice and consent of our Council of our said Province, and in pursuance of the Acts and Ordinances aforesaid, hath formed and doth hereby form the several new Districts herein after described and named, to wit, the District of Luneburg, bounded on the East by the Eastern Limit of a Tract lately called or known by the name of Lancaster, protracted northerly and southerly as far as our said Province extends, and bounded westerly by a North and South Line intersecting the mouth of the River Gananoque, now called the Thames, above the Rifts of the Saint Lawrence, and extending southerly and northerly to the Limits of our said Province, therein. comprehending the several Towns or Tracts called or known by the names of Lancaster, Charlottenburg, Cornwall, Osnabruck, Williamsburg, Matilda, Edwardsburg, Augusta, and Elizabethtown; and also, one other District to be called the District of Mecklenburg, extending within the North and South Bounds of our said Province, from the Western Limits of the said District of Luneburg as far westerly as to a North and South Line intersecting the mouth of a River now called the Trent, discharging itself from the West into the head of the Bay of Quinty, and therein comprehending the several Towns or Tracts called or known by the names of Pittsburg, Kingstown, Ernestown, Fredericksburg, Adolphustown, Marysburg, Sophiasburg, Ameliasburg, Sydney, Thurlow, Richmond, and Camden; and also, one other District to be called the District of Nassau, extending within the North and South Bounds of our said Province, from the Western Limit of the last mentioned District so far westerly as to a North and South Line intersecting the extreme projection of Long Point into the Lake Erie, on the northerly side of the said Lake Erie; and also, one other District to be called the District of Hesse, which is to comprehend all the residue of our said Province in the Western or inland parts thereof, of the entire breadth thereof, from the Southerly to the Northerly Boundary of the same; and also, one other District to be called the District of Gaspe, and to comprehend all that part of our said Province on the southerly side of St. Lawrence, to the eastward of a North and South Line intersecting the north-easterly side of Cape Cat, which is on the southerly side of the said River, of which all our loving Subjects are to take due Notice, and govern themselves accordingly. IN Testimony whereof, WE have caused these our Letters to be made Patent, and the Great Seal of our said Province to be hereunto affixed. Witness our trusty and well-beloved GUY, LORD DORCHESTER, Captain General and Governor in Chief of our said Province, at our Castle of Saint Lewis, in our City of Quebec, the twenty-fourth day of July, in the year of our Lord one thousand seven hundred and eighty-eight, and of our Reign the twenty-eighth. GEO. POWNALL, Sec'y. 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 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. 111. 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 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, 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 othertracts or securities al- wise to affect any existing right, lawful claim or incumbrance, to and without affecting claims on real property or conready executed. The laws of England to be henceforth th 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. 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 reThe rules of evidence lative to testimony and legal proof in the investigation of fact, and the forms to be regulated by those thereof, in the several Courts of Law and Equity within this Province, be reestablished in England. gulated by the rules of evidence established in England. made in the subsisting dues, or the jurisdiction 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 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 res pecting Bankrupts. of courts of justice or to introduce any of the poor or bankrupt laws. CHA P. II. CHA P. II. AN ACT to establish TRIALS by JURY. WHEREAS, 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. ui. 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 this Province, Be it enacted by the King's Most Excellent Majes HEREAS, an uniformity of Weights and Measures is much desired Preamble. ty, by and with the advice and consent of the Legislative Council and As- B rency Standard for weights and measures. Penalty for not com |