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HIS EXCELLENCY JOHN GRAVES SIMCOE, ESQ.

Lieutenant Governor.

CHAPTER I.

An Act to repeal certain parts of an Act passed in the fourteenth Year of His Majesty's Reign, entituled, An Act for making more effictual provision for the Government of the Propince of Quebec, in North America, and to introduce the English Lan, as the rule of decision, in all matters of controversy relative to Property and Civil Rights."

This Act, the first and most important on the statute book of Upper Canada, I shall here introduce as a specimen of provincial form.

Whereas, by an Act passed in the fourteenth year of his Preambio, present Majesty, entituled, “An Act for making more effectual provision for the Government of the Province of

VOL. II.

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Act 14th Geo.
III.

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Quebec, in North America," it was, among other things,
Recital of 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 inex-
pedient 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
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, entituled, “An Act to
repeal certain parts of an Act passed in the fourteenth
year of his Majesty's reign, entituled, “An Act for making
more effectual provision for the Government of the Pro-
vince of Quebec, in North America, and to make further

provision for the Government of the said Province;'” and The same by the authority of the same, "That from and after the 30 far as it passing of this Act, the said provision contained in the the laws of said Act of the fourteenth year of his present Majesty rule of deci be, and the same is hereby repeated; and the authority ters of con of the said laws of Canada, and every part thereof, as lative to pro 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,
vor binding on any of the inhabitants thereof."

repealed, in

Canada

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perty and ci. vil rights.

Without af. fecling claim perty or con

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the rule of de

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II. Provided always, and be it enacted by the authority aforesaid, That nothing in this Act shall extend to on real proextinguish, release or discharge, or otherwise to affect any tracts or se existing right, lawful claim or incumbrance, to and upon ready execus. 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 afore- Fogland to be

The said, That from and after the passing of this Act, in all henceforth matters of controversy, relative to property and civil cision, 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 autho- dipances rity aforesaid, That nothing in this Act shall extend, or

the province 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 eessarily vzdivision 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 afore. The rules of said, That all matters relative to testimony and legal proof regulated by in the investigation of fact, and the forms thereof, in the blished several courts of law 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 made in the vary or interfere, or be construed to vary or interfere, with provisions reany of the subsisting provisions respecting ecclesiastical clesiastical

rights or rights or dues within this province, or with the forms of dues, or the proceeding in civil actions, or the jurisdiction of the courts of courts of already established, or to introduce any of the laws of poor or banko

rupt lawa, England respecting the maintenance of the poor, or respecting bankrupts.

of Quebec are no further repealed than as by this act they are ne

tied.

este

England.

But po al teration

subsisting

jurisdiction

justice, or the

CHAPTER II.
An Act to establish Trials by Jury.

CHAPTER III. An Act to establish the Winchester Measure, and a Standard for other Weights and Measures.

Chapter IV. An Act to abolish the summary Proceedings of the Courts of Common Pleas in Actions under Ten Pounds Sterling.

CHAPTER V.
An Act to prevent Accidents by Fire.

CHAPTER VI. An Act for the more easy and speedy Recovery of Small Debts.

CHAPTER VII. An Act to regulate the Toll to be taken in Mills (not more than one-twelfth for grinding and bolting).

CHAPTER VIII. An Act for building a Gaol and Court-house in every District within this Province, and for altering the Names of the said Districts. (The district of Lunenburgh to be henceforth called the Eastern District; Mecklenburgh, the Midland District; Nassau, the Home District; Hesse, the Western District.)

STATUTES
PASSED IN THE SECOND SESSION

OF THE

FIRST PROVINCIAL PARLIAMENT,

MET AT NIAGARA, 31ST MAY, 1793.

CHAPTER I. An Act for the better regulation of the Militia.

CHAPTER II. An Act to provide for the nomination and appointment of Parish and Town Officers. (A parish or town-clerk, assessors, collector, overseers of the highways, pound-keeper, town-wardens, high constable for each district, and constables for each township.)

CHAPTER III. An Act to authorize and direct the laying and collecting of Assessments and Rates in every District, and to provide for the payment of Wages to the Members of the House of Assembly (not exceeding 10s. per day).

CHAPTER IV. An Act to regulate the laying out, amending, and keeping in repair the public Highways and Roads (roads not to be less than 30, nor more than 60 feet wide).

CHAPTER V. An Act to confirm and make valid certain Marriages, heretofore contracted in the Country now comprised within the Province of Upper

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