The statutes of the province of Upper Canada [1792-1831]; together with such British statutes, ordinances of Quebec, and proclamations, as relate to the said province.

  • Ontario
Date:
1831
Catalogue details

Licence: Public Domain Mark

Credit: The statutes of the province of Upper Canada [1792-1831]; together with such British statutes, ordinances of Quebec, and proclamations, as relate to the said province. Source: Wellcome Collection.

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    Between tho com- mencement of this act. and the first meeting of the legislative council and assembly, tempora- ry laws may he made. later than the thirty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two. L. Provided always, and be it further enacted by the authority aforesaid, That during such interval as may happen between the commencement of this act, within the said pro- vinces respectively, and ihe first meeting of the legislative council and assembly of each of the said provinces respectively, it shall and may be lawful for the governor, or lieutenant governor of such province, or for the person administering the government therein, with the consent ol the major part of such executive council as shall be appointed by his Majesty for the affairs of such province, to make temporary laws and ordinances for the good government, peace, and welfare of such province, in the same manner, and under the same restrictions, as such laws or ordinances might have been made by the council for the affairs of the province of Quebec, constituted by virtue of the above mentioned act of the fourteenth year of the reign of his present Majesty; and that such temporary laws or ordinances shall be valid and binding within such province, until the expiration of six months after the legislative council and assembly of such province shall have been first assembled by virtue of and under the authority of this act; subject never- theless to be sooner repealed or varied by any law or laws which may be made by his Majesty, his heirs or successors, by and with the advice and consent of the said legislative council and assembly. Offences committed within any of the Indi- an territories, &c. shall be tried in the same manner as if committed within the provinces of Power or Upper Cana- da. The governor of Lower' Canada may empower persons to act as justi- ces for the Indian terri- tories, &c. for commit- ting offenders till con* ▼eyed to Canada for tri- al, See. Place and manner of trial of such offenders. PASSED IN THE FORTY-THIRD YEAR OF GEORGE III. CHAPTER CXXXVIII. An act for extending the jurisdiction of the courts of justice in the provinces of Lower and Upper Canada, to the trial and punishment of persons guilty of crimes and offences within certain parts of North America adjoining to the said provinces. [Passed August 11, 1803.] Whereas crimes and offences have been committed in the Indian territories, and other par is of America, not within the limits of the provinces of Lower or Upper Canada, or either of them, or of the jurisdiction of any of the courts established in those provinces, or within the limits of any civil government of the United States of America, and are therefore not cognizable by any jurisdiction whatever, and by reason thereof, great crimes and offences have gone and may hereafter go unpunished, and greatly increase r Forremedy whereof, may it please your Majesty that it may be enacted, and be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this act, all offences committed within any of the Indian territories, or parts of America not within the limits of either of the said provinces of Lower or Upper Canada, or of any civil government of the United States of America, shall be, and be deemed to be, offences of the same nature, and shall be tried in the same manner and subject to the same punishment, as if the same had been committed within the provinces of Lower or Upper Canada. II. And be it further enacted, That it shall be lawful for the governor or lieutenant governor, or person administering the government for the time being of the province of Lower Canada, by commission under bis hand and seal, to authorize and empower any person or persons, wheresoever resident or being at the time, to act as civil magistrates and justices of the peace for any of the Indian territories or parts of America not within the limits of either of the said provinces, or of any civil government of the United States of America, as well as within the limits of either of the said provinces, either upon in- formations taken or given within the said provinces of Lower or Upper Canada, or out of the said provinces, in any part of the Indian territories or parts of America aforesaid, for the purpose only of hearing crimes and offences, and committing any person or persons guilty of any crime or offence to safe custody, in order to his or their being conveyed to the said province of Lower Canada, to be dealt with according to law; and it shall be lawful for any person or persons whatever, to apprehend and take before any persons so commissioned, as aforesaid, or to apprehend and convey, or cause to be safely conveyed, with all convenient speed, to the province of Lower Canada, any person or persons guilty of any crime or offence, there to be delivered into safe custody for the purpose of being dealt with according to law. III. And be it further enacted, That every such offender may and shall be prosecuted and tried in the courts of the province of Lower Canada, (or if the governor or lieutenant governor, or person administering the government for the time being, shall, from any of the circumstances of the crime or offence, or the local situation of any of the witnesses for the prosecution or defence, think that justice may more conveniently be administered in relation to such crime or offence in the province of Upper Canada, and shall, by any
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