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Some Early Legislation and Legislators in Upper Canada (Classic Reprint)




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Hersteller:Forgotten Books (Riddell, Justice)
Stand:2015-08-04 03:50:33

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Produktbeschreibung

Excerpt from Some Early Legislation and Legislators in Upper Canada It is a matter of regret that the early statutes of Upper Canada are not available for the ordinary practitioner; they are full of interest, historically and otherwise. Of course, it is well known that at the time of the conquest of Quebec - and consequently of Canada - in 1759 and 1760, what was afterwards Upper Canada, was not settled. Accordingly, the proclamation of 1763 which introduced or purported to introduce the English law, civil and criminal, into Canada, did not practically affect that district. The Quebec Act of 1774, 14 Geo. III., ch. 83, did, however; for before it was repealed, Upper Canada had a considerable number of inhabitants, chiefly from the revolting colonies to the south. This Act reintroduced the French civil law. although it left the English criminal law in full force. Much discontent was manifested by the English-speaking colonist? of Upper Canada at being subjected to French law; and when the Act of 1791, 31 Geo. III., ch. 31, made Upper Canada a separate province, her first Parliament abolished the old Canadian or French law. and introduced the law of England for the decision of all matters of controversy relative to property and civil rights, and also introduced the English rules of evidence. This is found in the very first chapter of the statute of the first session of the first Parliament of Upper Canada. The second chapter established trial by jury in all actions, real, personal and mixed, and authorized the jury, if so minded, to bring in a special verdict. In the French system the jury bad no place: and the French-Canadian did not hesitate to express his wonder that the English should think their property safer in the determination of tailors and shoemakers than in that of their Judges. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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