Pioneer Life among the Loyalists in Upper CanadaHerrington, Walter Stevens
History
Pioneer Life among the Loyalists in Upper Canada
Herrington, Walter Stevens
Frontier and pioneer life -- Ontario
On the division of the old Province of Quebec into Upper and Lower
Canada, John Graves Simcoe was appointed the first Governor of Upper
Canada; and the first Parliament met at Niagara on the 17th day of
September, A.D., 1792. With a due regard for the wishes of the people,
the first Act placed upon the statute book abolished the French code,
and declared that "in all matters of controversy relative to property
and civil rights, resort shall be had to the laws of England." This was
a longed-for boon welcomed by all classes.
At the same session, there was passed an Act for establishing Courts of
Request for the recovery of debts up to forty shillings, whereby it was
declared to be lawful for any two or more Justices of the Peace, acting
within the respective limits of their commissions, to hold a court of
justice on the first and third Saturdays of every month at some place
fixed within their respective divisions, for the purpose of adjudicating
upon these small claims. It was essentially a justices’ court. They
appointed their own officers, devised their own forms, and laid down
their own method of procedure. These courts afforded the magistrates an
opportunity of appearing upon the bench and taking part in judicial
proceedings, without calling for the exercise of any superior legal
knowledge. This was a privilege which many of them greatly enjoyed and
of which they took full advantage, as is shown by the fact that as many
as ten have been known to preside at a sittings, although only two were
necessary.[#]
[#] I find upon an examination of the records of the Court of Requests,
held at Bath, covering a period of eight years from 1819, that rarely
were there less than four justices present, frequently there were more
than that number, and at the four sessions of March and April, 1827,
there were seven, ten, six, and eight, respectively.
There were no court houses at the disposal of the justices when the Act
first came into force, and only one in each district when buildings were
afterwards erected; so they were forced to hold their courts in private
residences, taverns, or any convenient room that could be secured. When
we endeavour to picture a row of justices behind a deal table across the
end of a low-ceiling kitchen, crowded with litigants, any preconceived
notions of the dignity of the Court of Requests are speedily dispelled.
In 1816 the jurisdiction of the Court of Requests was extended to claims
of £5, where the amount of the indebtedness was acknowledged by the
signature of the defendant, or established by a witness other than the
plaintiff. It did not take the merchants long to discover that it was
greatly to their advantage, in more ways than one, to take from their
customers promissory notes in settlement of their accounts; for by thus
obtaining a written acknowledgement of the debt, an action for the
recovery of the amount within the increased jurisdiction could be
brought at a trifling expense in this court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account