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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    person attending such view as aforesaid, shall and may demand and receive a sum not exceeding ten shillings, for every day on which he shall be so employed. XV. Provided always, and be it further enacted, That in case no view shall be had, or , if a view shall be had by any of the said jurors, no valid objection shall be made on either side, either for want of a view, or that it was not had by any of the twelve jurors first named, or that it was not had by any particular number of jurors named in the said writ, but the trial of the issue shall proceed, any formal objection respecting the view, to the -contrary notwithstanding. [See32d Geo. Ill, c 2; 36th, c 2; 48th, c 13.] Chapter II. -An act to establish a superior court of civil and criminal jurisdiction, and to regulate the court of appeal. [Repealed by 2d Geo. IV, Ch. 1, except the 1st, 33d, 34th, 35th, and 36th Clauses.—Passed July 9, 1794.] For the general and regular administration of justice throughout 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 assem- bled 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 there be constituted and established, and there is hereby constituted and established, a court of law, to be called and known by the name and style of his Majesty’s court of king’s bench, for the province of Upper Canada, which shall be a court of record of original jurisdic- tion, and shall possess all such powers and authorities as by the law of England are incident to a superior court of civil and criminal jurisdiction, and may and shall hold plea in all and all manner of actions, causes, or suits, as well criminal as civil, real, personal, and mixed, arising, happening, or being, within the said province, and may and shall iproceed in such actions, causes or suits, by such process and course as shall tend with justice and despatch to determine the same, and may and shall hear and determine all issues of law, and shall also hear, and by and with an inquest of good and lawful men, determine all issues of fact that may be joined in any such action, cause, or suit as afore- said, and judgment thereon give, and execution thereof award, in as full and ample a manner as can or may be done in his Majesty’s courts of king’s bench, common bench, or -in matters which regard the King’s revenue by the court of exchequer in England. And ■that his Majesty’s chief justice of this province, together with two puisne justices, shall preside in the said court, which court shall be holden in a place certain, that is, in the city, town, or place where the governor or lieutenant governor shall usually reside; and until such place be fixed, the said court shall be holden at the last place of meeting of ;the legislative council and assembly. XXXIII. And be it further enacted, That the governor, lieutenant governor, or person administering the government of this province, or the chief justice of the province, together with any two or more members of the executive council of the province, shall ‘compose a court of appeal, for hearing and determining all appeals from such judgments or sentences as may lawfully be brought before them. XXXIV. Provided always, and be it further enacted, That when any person having given the judgment or sentence appealed from, shall be a member of the court of appeal, it shall and may be lawful for him to assign to the said court his reasons for delivering such judgment, in case he shall be so disposed, but he shall not be at liberty to give his vote in the decision of the question before the court. XXXV. And be it further enacted, That an appeal shall lie to the court of the governor and executive council, from all judgments given in the said court of king’s bench, in all cases where the matter of controversy shall exceed the sum of one hundred pounds, or shall relate to the taking of any annual or other rent, customary or other duty, fee, or any other such like demand, of a general and public nature, affecting future rights, of what value or amount soever the same may be, upon proper security being given by the appel- lant that he will effectually prosecute his appeal and answer the condemnation, and also pay such costs and damages as shall be awarded in case the judgment or sentence appealed from shall be affirmed, and that upon the perfecting such security, execution shall be stayed in the original cause. XXXVI. And be it further enacted by the authority aforesaid, That the judgment of the said court of appeal shall be final, in all cases where the matter in controversy shall Allowance to each of them per day. The want of a view, or any informalities in having the same, shall not stay proceedings in trying the issue. Preamble. A court of king’s bench established. Jurisdiction and pow- ers thereof. Persons who shall pre- side therein, and place where the same shall be holden. Court of appeals. The judges below, if members of the court of appeal, may assign their reasons, but not give their votes in ap- peal. Limitation of appeals. Security to be given. Cases of appeal to hi8 Majesty in council.
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