The great and momentous trusts and duties which have been committed to the representatives of this province, in a degree infinitely beyond whatever, till this period, have distinguished any other colony, have originated from the British nation, upon a just consideration of the energy and hazard with which its inhabitants have so conspicuously supported and defended the British constitution. It is from the same patriotism, now called upon to exercise, with due deliberation and foresight, the various offices of civil administration, that your fellow subjects of the British empire expect the foundations of that union of industry and wealth, of commerce and power, which may last through all succeeding ages. The natural advantages of the province of Upper Canada are inferior to none on this side of the Atlantic; there can be no separate interest through its whole extent: the British form of government has prepared the way for its speedy colonization, and, I trust, that your fostering care will improve the favourable situation; and that a numerous and agricultural people will speedily take possession of the soil and climate, which, under the British laws, and the munificence with which his Majesty has granted the lands of the crown, offer such manifest and peculiar encourage ment. The replies from the Honourable the Legislative Council and House of Assembly were, as usual at home, echoes of the speech. The session was closed on the 15th October, 1792, by the following speech. Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly. It is with very great satisfaction that I have considered the acts which you have found it expedient to frame, and to which, in consequence of the power delegated to me, I have this day given my assent, that they shall become laws of the province of Upper Canada. As the division which his Majesty, in his wisdom, thought proper to make of the late province of Quebec obviated all inconveniences, and laid the foundation for an establishment of the English laws in the province, it is natural to presume, that you would seize the first opportunity to impart that benefit to your fellow subjects; and by the act to establish trials by jury, and by that which makes the English law the rule of decision, in all matters of controversy, relative to property and civil rights, you have fully justified the public expectation. Your other acts seem calculated to promote the general welfare and convenience of the province. His Majesty, in his benevolence, having directed a seventh from such lands as shall be granted to be reserved to the crown, for the public benefit, it will become my duty to take those measures which shall appear to be necessary to fulfil his Majesty's gracious intentions; and I make no doubt but, as citizens and magistrates, you will give every assistance in your power to carry into full effect a system, from which the public and posterity must derive such peculiar advantages. Honourable Gentlemen, and Gentlemen: I cannot dismiss you without earnestly desiring you to promote, by precept and example, among your respective counties, the regular habits of piety and morality, the surest foundations of all private and public felicity; and, at this juncture, I particularly recommend to you to explain, that this province is singularly blest, not with a mutilated constitution, but with a constitution which has stood the test of experience, and is the very image and transcript of that of Great Britain; by which she has long established and secured to her subjects, as much freedom and happiness as is possible to be enjoyed, under the subordination necessary to civilized society. 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 effictual 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. III. 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 f of the said laws of Canada, and every part thereof, as lative to pro- forming a rule of decision in all matters of controversy perty and ci- relative to property and civil rights, shall be annulled, The same repealed, in constitutes Canada a sion, in mat ters of controversy, re vil rights. 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.” Without af fecting claims on real pro perty or con tracts or se curities al ed. 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 ready execut. 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 The laws of England tobe henceforth cision. the rule of de But the or of the province of Quebec are no further repealed than as by this act cessarily va they are ne IV. Provided always, and be it enacted by the autho- dinances rity 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. ried. The rules of evidence to be regulated by blished those esta England. in But no alteration is made in the subsisting provisions reclesiastical dues, or the specting ec rights or jurisdiction of courts of justice, or the poor or bank rupt laws. |