29 CONSTITUTIONAL HISTORY OF THE PROVINCES. 
that in 1791 Upper Canada was made a separate province 
ander a governor or administrator: and that in 1840 the 
provinces of Upper and Lower Canada were re-united, only 
to be separated in 1867. 
2. Nova SCOTIA. 
The province of Nova Scotia and the surrounding territory, 
including the present provinces of New Brunswick and Prince 
Edward's Island, though claimed by England on the ground 
of the discoveries of Cabot in the 15th century, were ceded to 
France by the treaty of St Germains in 1632. By the treaty 
of Utrecht the province was restored to England, but it was 
not until the year 1749 that any adequate attempt was made 
at colonization or the introduction of a settled form of govern- 
ment. A scheme for encouraging officers and privates then 
lately dismissed from the army and navy to settle in the 
province proved successful, and was carried into effect by the 
Honourable Edward Cornwallis, who was appointed Governor. 
Council On his arrival the new Governor formed a Council, and this 
formed by Council exercised both legislative and executive functions 
wollis. One of the instructions to the Governor was to establish 
Courts of Judicature, and after consultation with the Council 
he erected three courts, (1) a Court of Sessions, (2) a County 
Court for the whole province, which sat monthly and was 
invested with all powers of the Courts of King’s Bench 
(except criminal matters), Common Pleas and Court of Ex- 
chequer, from which there was an appeal to the General 
Court, and (8) the General Court, which was a Court of Assize 
and general gaol delivery, and a Court of Appeal from the 
County Court, and in which the Governor and Council sat 
with the Judges. 
In 1752 the County Court was transformed into a Court 
Haliburton’s Nove Scotia, 1. p. 140.