Act Establishing a Court of King's Bench in Upper Canada, Jul
This bill did not create the first
courts in Upper Canada: from 1791 to 1794 there were
Courts of Common Pleas and of Quarter Sessions operating
in the Eastern District, Midland District, Home District
and Western District (previously the Lunenburg, Mecklenburg,
Nassau and Hesse districts, respectively). The governor
Council constituted the Court of Appeal for the
province. (Doughty, 1907)
This act creates the courts and defines the rules for the operation
of those courts in Upper Canada. Some important sections:
- Section I: Establishes a Court of King's Bench and sets jurisdiction
- Section XIV: Statutes of England adopted.
- Sections XXXV-XXXVI: The governor, lieutenant-governor or
"person administering the government" of the province
composed the court of appeal.
- Section XXXVIII: Set fees allowed to attorney general.
This act also sets the rules for powers of arrest and bail, plus
the duties and responsibilities of various officials.