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.

    36/702 page 30
    The laws of England to be henceforth the rule of decision. But the ordinances of the province of Quebec are no further repealed than as by this act they are necessarily varied.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. But no alteration is made in the subsisting provisions respecting ecclesiastical rights or dues, or the jurisdic- tion of courts of justice, or to introduce any of the poor or bankrupt Jaws- Preamble. .All issues of fact to be determined by the ver- dict of 12 jurors, con- formably to the law and custom of England. ( See 34th Geo. Ill, c 1? 36th Geo. Ill,c2; 48th Geo. Ill, c 13.) 1 Who may bring in a special verdict. Preamble. 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. YI. 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. Chapter 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 there- fore 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 twelve jurors, duly sworn for the trial of such issue or issues, which jurors shall be sum- moned 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. Chapter III. An act to establish the Winchester measure, and a standard for other weights and measures throughout this province. [Repealed bv 4th Geo. IV, Ch. 16.] 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, consti- tuted 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
    digitised image 1
    digitised image 2
    digitised image 3