A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

official accounts from district funds?
The Constitutional Act of 1791 fonnally divided old Quebec into Upper
and Lower Canada and an elected assembly was instituted for each province.
The first sitting of the Upper Canada legislature occuned the following year. At
that time the legislature enacted its first statute, under whidi English civil law
was made applicable "'in the several courts of law and equity in this
(That statement apparently referred to the Quarterly Courts that had been
operating in the districts of Upper Canada since 1789.) This statute provided for
the use of English niles of evidence. English criminal law was fonnally adopted
in 1800, as of September 17, 1792. Thus, because both civil and criminal law
were adopted as of 1792, that is the date at which English law is considered to
have been received into Ontario. Two years later the Judicature Act established
Court of King's Bench but it was vested only with common law jurisdidion; equity
was not included.
Upper Canada had no equitable jurisdiction for the first forty-five years of
its existence. In 1837 Chancery Court was finalfy established? It was decided
that the govemor woufd serve as chancellor and a judge would exercise his
powers under the title of vice-chancellor.* This arrangement continued until
1881 when, following England's lead, Ontario abolished the separation of the
courts of law and equity. Since that time equitable jurisdiction has resided in the
Supreme Court of Ontario.
Upper Canada's Court of Chancery had superior court jurisdidion over a