CANADA. The name of one of the Brit ish possessions in North America.
• The eastern part of Canada was discovered by Gaboto, while in the English service, in 1497; but the country was first taken actual poisessiun of by the French, to which power it was formally assigned It remained in French posses sion till 1759, whet' it was conquered by the Brit ish, to whom it was thrmally ceded by the treaty of Paris, February 10, 1763. Canada was gov erned as one province, under the title of the pro vince of Quebec, until year 1791, when the two provinces were divided, under the provisions of the act of 31 Geo. III. c. 31. In the year 1840, under the act 3 & 4 Viet.. c. 35, the two provinces were reunited, and continue to form one province.
2. The first frame of government was con structed under the provisions of the royal procla mation of Oct. 7, 1763. This established, among other matters, the common law of England as the law of the province. In 1775, under the act 14 Geo. III. c. 83, the provisions of this proclama tion, so fat as the same related to the province of Quebec and all ordinances made by the governor and council relative to the civil government and administration of justice in the province, were re pealed. The crim,nal law of England, however, was reserved from the effect of this repeal, and, with the modifications introduced by provincial statutes, is still in force. Provision was expressly made that resort should be had to Canadian laws as they had existed, until they should be' altered by imperial' or provincial legislation, for the determi nation of all questions relating to property and civil rights., But these provisions were not to apply to lands which had been or might be granted by. his Majesty in free and common socage. For the construction given to the clauses containing these provisions, and the act 6 Geo. IV. c. 59, limiting the application of the English• law in the lower province to conveyances, inheritances, and dower,. see 1 Low. C. 221; 2 id. 369 ; 3 id. 309 ; 8 id. 34.
3. By a series of enactments, provisions were' made for changing the tenure of lands from the feudal system as under the French law into a' tenure by free and common socage. The change' is said to be complete in the upper province, but is only partially' so in the lower.
The system of laws and of administration of justice in the upper province is substantially that of England, while in the lower province the civil law, though much modified by local enactments and approaching to the common law in many points, is the hags of the system of jurispru dence.
The constitution of the province is to be found in the various acts of the British parliament, the royal commissions and instructions to the gov ernors, the orders in council, and the acts of the provincial parliaments. The most important of the acts of the British' parliament are given in the col lection of statutes prepared by authority and called the "Consolidated Laws." Consult Mills, Colonial Constitutions, and stat. 14 Geo. III. e. 83 (1774); 18 Gee. III. e. 12 (1778); 31 Geo. III. e. 31 (1791);, 6 Geo. IV. c. 59; 3 & 4 Vict. e. 35 (1840); 11 Viet. c. 56 (1848); 17 & 18 Vict. c. 118 (1854); Prov. Act 16 Viet. cc. 152-154.
4.' The frame of government is after that of England, the power being vested in a governor, who represents the king, a par liament, composed Of two bodies, and courts, which are entirely distinct in the two pro vinces.
Any male person twenty-one years of age, a subject of her'Majesty by birth or naturali= zation, and not disqualifiel by law, may vote for members of the legislative council and assembly, if he be enrolled on the last assess ment-roll, as revised, corrected, and in force, as owner, tenant, or occupant of real property of the assessed value of three hundred dollars clear of incumbrances, or of the annual clear value of thirty dollars, situated within the limits of the town or city for municipal pur poses, or as possessed of property to the clear value of two hundred dollars, or clear annual value of twenty dollars, situated within the limits of any township, parish, or place within the limits of such town or city for represent ative, but not for municipal,- purposes; or if enrolled on such roll, in any parish, township, town, village, or place not within the limits of a town or city entitled to send a member to the legislative assembly, as owner, tenant, or occupant of property of the clear assessed value of two hundred dollars, or the clear annual value of twenty dollars, situated in the district in which such town, etc. is included. Judges of all courts holding fixed sessions, and officers of such courts, as sheriff's and the like, under a penalty of two thou sand dollicrs, officers of. the customs, return ing officers of elections, and all who have been employed by any candidate in assist ing or forwarding his election, are prohibited voting.