The Early Courts
The records of the early courts of Upper Canada provide fascinating details on early inhabitants that are not available in any other sources. The chart below shows the three courts that had jurisdiction at the time, and the types of crimes for which each was responsible.
ASSIZE COURTS | QUARTER SESSIONS | SUMMARY COURTS |
Capital cases, serious crimes like treason, counterfeiting, etc. | Less serious crimes, like petit larceny, assault, etc. | Least serious crimes, like trespassing |
AKA Court of Oyer and Terminer and General Gaol Delivery, Court of King's/Queen's Bench | Renamed Courts of General Sessions of the Peace in 1868 | AKA magistrate's court, police court, mayor's court |
Presided over by a Judge of King's/Queen's Bench, appointed by the government, who travelled to each district | Presided over by a local judge, appointed by the government, often the Judge of the District {Civil) Court | Presided over by one or two local magistrates, chosen by the government |
Provided a trial by jury | Provided a trial by jury | No jury except for mayor's court |
Met once per year until 1837, except twice in the Town of York, thence twice per year in each district | Met four times per year in each district until 1868. Also met at other times in "special" or "adjourned" sessions | Met whenever necessary |
Met at the courthouse in the town which was the administrative centre of the district | Met at the courthouse in the town which was the administrative centre of the district, and, in early times, possibly a second location | Convened at magistrate's home, or in a local building |
Met into the 1990's | Met into early 1900's | Still in effect |
Heir & Devisee Commissions
Heir and Devisee Commissions were set up to determine the ownership of lands in Upper Canada for the purpose of issuing the first (or patent) deeds. The papers of the Commissions contain tickets of location, transfers & any other evidence useful to prove ownership, judge's minute books, etc. These constitute a record of the settlers before the first deed was issued, and before the first entry in the abstract deed books. The first Commission operated from 1797 to 1804. The second Commission, set up in 1805, was in existence until close to the end of the 19thcentury.
These publications cover the entire Province of Upper Canada and the series for the First Commissions is now complete.