STATUTES PASSED IN THE FIRST SESSION OF THE FIRST PROVINCIAL PARLIAMENT OF UPPER CANADA, MET AT NIAGARA, 17TH SEPTEMBER, 1792. HIS EXCELLENCY JOHN GRAVES SIMCOE, ESQ. 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 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." 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 Preamble, present Majesty, entituled, "An Act for making more effectual provision for the Government of the Province of Act 14th Geo. 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 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 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 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 so 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in the the laws of said Act of the fourteenth year of his present Majesty rule of deci- be, and the same is hereby repealed; and the authority ters of con- of the said laws of Canada, and every part thereof, as The same repealed, in constitutes Canada a sion, in mat troversy, re perty and ci vil rights. 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, nor binding on any of the inhabitants thereof." 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. or 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 dinances 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. VI. 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. 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 |