CAP. VIII. An Act respecting Light Houses. TER Majesty, by and with the advice and consent of the follows: 1. The Governor may appoint proper Light-House Keepers, Governor to and may remove them and appoint others in their stead; and appoint LightHouse Keepers. such keepers shall be allowed such salaries respectively, as the Governor in Council may authorize. 3 W. 4, c. 34, ss. 1, 2. light not kept up. 2. No Light-House Keeper shall be entitled to receive Salary of keepany portion of his salary during any half year in which he er forfeited if neglects to keep the lamps under his charge lighted throughout the whole night of every night during the period for which the Commissioner of Public Works directs the same to be lighted. 3 W. 4. c. 34, s. 3. 3. The whole, or a portion, as the Governor in Council may A sum granted direct, of the expense of Light-House Keepers at Pier Har- sufficient to pay bours, shall be sustained by such Harbours respectively, whether Keeper. in the possession of public or of private companies. 7 W. 4, c. 96, s. 3. Light-House Works to ad necessary for 4. The Commissioner of Public Works shall make the The Commisnecessary arrangements for causing the Light-Houses to be kept sioner of Public properly lighted during the continuance of the Navigation in vertise for tendeach year, and shall advertise annually for tenders for supplying ers for supplies the Light-Houses with oil, wicks, lamps, glass tubes, and all lighting and other necessaries, for maintaining the lights therein, and shall maintaining enter into contracts with any person or persons for furnishing such supplies, to any or all of the said Light-Houses; and a sum of money sufficient to defray the necessary expenditure for such supplies, shall be annually granted for that purpose. 7 W. 4, c. 96, ss. 3, 4. Light Houses. ceiver General. 5. All sums of money from time to time necessary for Moneys to be the purposes aforesaid, shall be paid from and out of paid by Rethe Consolidated Revenue Fund, remaining unappropriated in the hands of the Receiver General, in discharge of the warrant or warrants of the Governor issued for that purpose, and shall be accounted for in like manner as other public moneys. 7 W. 4, c. 96, s. 6. 6. Accounts in detail with vouchers, of all sums expended Accounts of under this Act, shall be annually laid before both Branches of expenditure to the Legislature. 7 W. 4, c. 96, s. 5. be rendered. TITLE 4. THE ADMINISTRATION OF JUSTICE. Recital of Act of U. C. 32 G. 3, c. 1. The Law of the rule of decision. 1. LAW OF ENGLAND IN RELATION TO PROPERTY AND C RIGHTS. САР. ІХ. An Act respecting Property and Civil Rights. WHEREAS HEREAS by the first Act passed in the first Session o Parliament of Upper Canada, on the Fifteenth day o tober, one thousand seven hundred and ninety-two, it was an other things enacted, that in all matters of controversy relati property and civil rights, the laws of England should be the for the decision of the same, and that all matters relativ testimony and legal proof in the investigation of fact shoul regulated by the rules of evidence established in England, that nothing therein contained should extinguish, rele discharge or affect any right, lawful claim or incumbra to and upon any lands, tenements or hereditaments wi Upper Canada, or should rescind, vacate or affect any contra security then made and executed conformably to the law Canada under the Imperial Statute passed in the fourteenth of the Reign of His Majesty King George the Third, intitu An Act for making more effectual provision for the Governm of the Province of Quebec, in North America, or vary or inter with any of the subsisting provisions respecting Ecclesiast Rights or Dues, or should introduce any of the laws of Engl respecting the maintenance of the poor, or respecting bankru therefore, subject to the exceptions and provisions al recited, Her Majesty, by and with the advice and consent of Legislative Council and Assembly of Canada, enacts as follo THE LAW OF ENGLAND TO BE THE RULE. 1. In all matters of controversy relative to property and ( England to be Rights, resort shall continue to be had to the laws of Engl as they stood on the said fifteenth day of October, one thous seven hundred and ninety-two, as the rule for the decisio the same; and all matters relative to testimony and legal p in the investigation of fact and the forms thereof in the sev Courts of Law and Equity in Upper Canada, shall continu be regulated by the rules of evidence established in Engla as they existed on the day and year last aforesaid, except sc as the said Laws and Rules have been since repealed, alte varied, modified or affected by any Act of the Imperial Pa ment still having force of law in Upper Canada, or by any of the late Province of Upper Canada, or of the Province Can: Canada, still having force of law, or by the Consolidated Statutes relating to the Province of Canada, or to Upper Canada exclusively. 32 G. 3, c. 1, ss. 3, 5, 6. STATUTES OF JEOFAILS ADOPTED. 2. The Statutes of jeofails, of limitations, and for the amend- Statutes of jeoment of the law excepting those of mere local expediency fails, &c., adopted. which previous to the seventeenth day of January, one thousand eight hundred and twenty-two, had been enacted respecting the law of England and then continued in force, shall be valid and effectual for the same purposes in Upper Canada, excepting so far as the same have, since the day last aforesaid, been repealed, altered, varied, modified or affected in the manner mentioned in the first section of this Act. 2 G. 4, c. 1, s. 24. 2. COURTS. CAP. X. An Act respecting the Superior Courts of Civil and ER Majesty, by and with the advice and consent of the follows: QUEEN'S BENCH AND COMMON PLEAS. Cas240/66 tinued. 1. Her Majesty's Court of Queen's Bench for Upper Canada, Courts of Q. B. and the Court of Common Pleas for Upper Canada, shall and C. P. concontinue under the names aforesaid, and all Commissions, Rules, Orders and Regulations granted or made, in, by, or respecting the said Courts, or the Judges or Officers thereof, existing and in force when this Act takes effect, shall remain in force until altered or rescinded or otherwise determined. 34 G. 3, c. 2, s. 1,-12 V. c. 63. NAME OR STYLE OF. 2. The said Court of Queen's Bench shall, during the reign Style or name of a King, be called "His Majesty's Court of King's Bench of such Courts. for Upper Canada," and during the reign of a Queen "Her Majesty's Court of Queen's Bench for Upper Canada. " 2 V. c. 1, s. 1. JURISDICTION. 3. The said Courts shall be Courts of Record of Original Jurisdiction of. and Co-ordinate jurisdiction, and shall respectively possess all Where to be held. Chief Justices all such powers and authorities as by the law of Eng PLACE OF SITTING. 4. The aforesaid Courts shall be held at the City of Tor 12 V. c. 63, s. 1, & I. S,---3, 4 V. c. 35, s. 44. THE JUDGES. 5. The said Court of Queen's Bench shall be presided and Judges of. by the Chief Justice of Upper Canada and two Puisne Just and the said Court of Common Pleas by a Chief Justice and Puisne Justices, and such Courts respectively may be ho by any one or more of the Judges thereof in the absence o others; and the Chief Justice and Justices of the said C respectively shall have, use and exercise all the rights, incic and privileges of a Judge of a Court of Record, and all c rights, incidents and privileges as fully to all intents and poses as the same are, at the time this Act takes effect, t exercised or enjoyed by any of the Judges of any of Her jesty's Superior Courts of Common Law at Westminster G. 3, c. 2, s. 1,---12 V. c. 63, ss. 2, 3. Rank of the ! 6. The Chief Justice of Upper Canada shall have rank precedence before all the other Judges of Her Majesty's Co of Law and Equity, the Chief Justice of the said Court of C mon Pleas shall have rank and precedence next after the C cellor of Upper Canada, and the Puisne Judges of the Sup C Courts of Common Law and Equity in Upper Canada shall have rank and precedence as between themselves, according to the Seniority of appointment to their respective Offices. 12 V. c. 63, s. 2-12 V. c. 64, s. 2. vacancies. 7. Her Majesty may, from time to time, supply any vacancy The Crown in the number of the Judges in either of the said Courts of Com- may supply mon Law by appointing, by Letters Patent under the Great Seal of this Province, a Barrister of the Upper Canada Bar of at least ten years' standing to fill such vacancy. 12 V. c. 63, s. 2. 8. Every Judge of the said Superior Courts of Common Law, Oath of office of previous to entering upon the duties of his Office, shall take the the Judges. following oath, to be administered to the Chief Justice of the said Courts respectively, by the Governor in Council, and to the Puisne Judges in open Court, by the Chief Justice of the Court for which such Puisne Judge has been appointed. 12 V. c. 63, s. 7. OATH. "I, do solemnly and sincerely promise and "swear that I will duly and faithfully, and to the best of my "skill and knowledge, execute the powers and trusts reposed "in me (as Chief Justice or one of the Puisne Judges) of the "Court of So help me God." PRACTICE COURT. 9. A Judge of one of such Superior Courts shall sit in Banc Practice Court. apart from his brethren, and may so sit at any time when such Courts may by law sit in Banc, either while they are actually so sitting, or while their sittings within such time are suspended or adjourned; and every such Judge so sitting apart in Banc, shall hold the Practice Court, and shall have the same powers and authority as belong to either of such Superior Courts in any way relating to the business of adding or justifying bail, discharging insolvent debtors, administering oaths, hearing and determining matters on motion, and making rules and orders in causes and business depending in either of the said Courts, in the same manner and with the same force, validity and effect, as might be done by the Court in which such causes or business may respectively be depending. 13, 14 V. c. 51, s. 3,-12 V. c. 63, s. 10. JUDGES' CHAMBERS. in Chambers. 10. The Chief Justices and Judges of the said respective A Judge to sit Courts, shall, in rotation or otherwise as they may agree among themselves, sit in Chambers or elsewhere, and there transact any such business as may be transacted in either of the said Courts by a single Judge out of Court, whether such business be in the Court of which such Judge is a member or in the other Court, с |