SESSIONAL PAPER No. 30 APPENDIX F STATUTES OF UPPER CANADA, 1792-1793 ACTS OF THE LEGISLATURE PASSED IN THE FIRST SESSION, AND IN THE THIRTY SECOND YEAR OF THE REIGN OF GEORGE The THIRD. CAP. 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. WHEREAS by an Act passed in the Fourteenth Year of the Reign 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 ci 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 accomodation 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 law were established, and who are unacustomed 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 Kings 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, intituted an Act for making more effectual Provisions 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the said Provision contained in the said Act of the Fourteenth Year of his present Majesty, be and the same is hereby repealed, and the Authority of the said Laws of Canada, and every part thereof, as forming a Rule of Decision in all matters of Controversy relative to Property and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. 12 GEORGE V, A. 1922 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 Province 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 investigations of Fact, and the forms thereof, in the several Courts of Laws and Equity within this Province, be regulated by the Rules of Evidence established in England. VI. Provided always and be it enacted by the Authority aforesaid, that nothing in this Act contained, shall vary or interfere with any of the subsisting Provisions respecting Ecclesiastical Rights or Dues in 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. CAP. 'II. AN ACT to Establish Trials by Jury. 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 Kings 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 Provisions 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 ninetytwo, 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 this 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. 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. SESSIONAL PAPER No. 30 CAP. III. AN ACT to Establish the Winchester Measure and a Standard for other Weights and Measures throughout this Province. WHEREAS an uniformity of Weights and Measures is much desired in this Province; Be it enacted by the Kings 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, entituled 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 ninety-three, there shall be one just Beam or Balance, one certain Weight and Measure, and one Yard, according to the Standard of his Majesty's Exchequer 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 Currency, being thereof convicted before any two Justices of the Peace, to be levied by distress and sale of the offenders 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. CAP. 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 Commons 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 Kings 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, intitled 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 provisions 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 the same manner as is directed for the Trial of causes above Ten Pounds Sterling. 12 GEORGE V, A. 1922 CAP. V. AN ACT to guard against accident by Fires in this Province. WHEREAS 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 Kings 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. CAP. VI. AN ACT for the more easy and speedy Recovery of small Debts. WHEREAS 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 therefore enacted by the Kings 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, entituled 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 Saturday 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 herein after mentioned, and shall have Power and Authority by virtue of this Act to give Judgement 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. And be it further enacted by the Authority aforesaid, that from and after the first day of February next, it shall and may be lawful, to and for every Inhabitant within the limits of this Province, who then or thereafter shall have any debt or debts |