An Act Establishing a Court of King's Bench in Upper Canada, Jul 9th, 1794.


Historical Note

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 and Executive Council constituted the Court of Appeal for the province. (Doughty, 1907)

Document Summary:
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 and powers.

  • 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.