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DRAUGHT OF AN ORDINANCE FOR ESTABLISHING COURTS OF JUSTICE IN THE PROVINCE OF QUEBEC.[27]

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This Ordinance is supposed to pass & be published after the 1st day of May, 1775.

Whereas by an Act of Parliament passed at Westminster in the 14th year of His Majesty's reign intituled "An Act for making more effectual provision for the Government of the Province of Quebec in North America" the several Courts of Justice then established in the said Province, together with all Commissions to Judges and other Officers concerned in the Administration of Justice, are revoked, annulled and made void.

And it being highly expedient and necessary that other Courts of Judicature with powers & authorities better adapted to the circumstances & situation of the Province, should be established in their place.

Be it enacted & ordained by His Excellency the Governor and Commander in chief for this Province by and with the advice & consent of the Council of the same, And it is accordingly enacted & ordained by the authority aforesaid that from and after the day of the date of the publication of this Ordinance, the following Courts of Criminal and Civil Jurisdiction to be held before the persons & at the days and places herein after set forth, with the powers & authority herein after more particularly described, be constituted & the same are hereby, & by the authority aforesaid constituted limited & appointed to take place in the several parts of the Province herein after mentioned for the due execution of the Laws & the Administration of Justice throughout the same as described and bounded by the said Act of Parliament.

And first that for the cognisance of all Pleas of the Crown & for the trial of all manner of Offences whatsoever as well capital as other inferior Crimes & misdemeanors done, committed & perpetrated or to be done committed & perpetrated by any person or persons whatsoever within the Province, together with all and every accessory & accessories to the same, there be constituted & the same is hereby, and by the authority aforesaid erected, constituted and appointed one Supreme Court of Criminal jurisdiction in & over the whole Province of Quebec by the name style & title of the Court of King's Bench; to hear and determine according to the Laws of that part of Great Britain called England, & the Laws, Ordinances and Regulations of the said Province of Quebec hereafter in that behalf to be made ordained and published.

*N.B. If after this ordinance is passed & before the arrival of the Chief Justice it should be necessary to hold a Court of Criminal jurisdiction, I apprehend it will also be necessary to re-enact the ordinance vesting the power of the Chief Justice in the hands of Commrs, so far as relates to their Criminal Jurisdiction.

Which Court so constituted and appointed as aforesaid shall be held before the Chief Justice of the Province for the the time being only,* to whom full power jurisdiction and authority is hereby given and granted to hear & determine all matters of a Criminal nature whatsoever & the offenders therein with their accessories & accomplices to imprision, try, convict & punish in as large & ample a manner & according to the same rules & forms of proceedings as to any Chief Justice of the Province aforesaid has at any time been given & granted, or the Court of King's Bench at Westminster hath; or of right ought to have, exercise & enjoy.

And for the more speedy Administration of Justice & to prevent as much as possible the severity of long & tedious imprisonments, It is further ordained & enacted that the Chief Justice shall hold a Court of Oyer Terminer & Goal delivery three times in every year at the Town of Quebec, & twice in every year at the Town of Montreal that is to say one Court at or on some day in the month ofone other Court at or on some day in the month of& one other Court at or on some day in the month ofin & for the District of Quebec, at the Town of Quebec & one Court at or on some day in the month of& one other Court at or on some day in the month ofin every year in for the District of Montreal in the Town of Montreal, & as much oftner as well at Quebec as Montreal, as the Chief Justice of the Province in his discretion shall think necessary & the state of the Goal shall require allowing always 15 days between the Teste and Return of the precept for holding such Courts — At which days & times the said Court of King's Bench at Quebec & Montreal shall sit & continue to sit 'till every prisoner in the Goal shall be tried, convicted or acquitted & discharged & the Goal fully delivered, unless the court shall see cause to the contrary, in which case it shall be lawful for them to remand any Prisoner or Prisoners, & put off his her or their trial to the next Court.

Provided always, & it is further enacted & ordained that from and after the publication of this Ordinance it shall not be lawful to or for any judge or judges having Criminal Jurisdiction, to direct, order or sentence any felon or felons, convict to be burned in the hand; but such felon or felons convict, as by the Laws England would be liable to be burned in the hand, shall from hence forth be punished by fine & imprisonment, at the discretion of the Court before whom such felon or felons shall be convicted.

And provided also that in all Cases of felony where by any Act of Parliament power is given to the judge or judges of any Court of Criminal Jurisdiction in England to transport any felon or felons to any of His Majesty's Plantations in America, it shall & may be lawful to and for the Court before whom any such felon or felons shall be convicted, & they are hereby authorized & empowered to assign over & transfer such felon or felons convict for the term of 7 or 14 years or other less or greater term according to the nature of their offence, to the use of any person or persons, or his her or their assigns, who shall be willing to contract for the same to be by him or them so contracting, kept to hard labour & employed in some public work, or in the Fisheries or other useful Service, & the person or persons so contracting, shall by virtue of such Order of Assignment & transfer have a property in the service of such felon or felons for the term of 7 or 14 years or such other term as shall be made part of the Condition of the said transfer & Punishment.

And in case such felon or felons so transferred as aforesaid shall, during any part of the term or terms for which they are condemned to serve refuse to obey the commands of such person or persons to whom they are consigned, their Agents, Overseers or Managers, or otherwise behave themselves disorderly, It shall & may be lawful to and for such person his Agents, Overseers & Managers to confine such felon or felons & put them in irons & feed them upon bread & water only, and give them such corporal chastisement & correction as, without breaking any limb or endangering their lives, may with safety be inflicted.

And if any such felon or felons so assigned & conveyed shall run away from and leave the service of such person or persons to whom they are consigned, & be at large before the end of his, her or their term, he she or they shall be liable to be punished as any person or persons attained of felony without benefit of Clergy, & execution shall be awarded accordingly provided that it shall & may be lawful for His Majesty to pardon the said felon or felons & remitt any part of his and their Service; And that where any such felon or felons shall have served his & their term for which they are sentenced, such service shall have the effect of a pardon for such Crime.

And every person or persons to whom any Court of Criminal Jurisdiction shall order any felon or felons to be transferred before any of them shall be delivered over to him or them, shall contract with such person as shall be appointed by the Court & give security that he will keep & employ the said felon or felons so transferred at hard labour as aforesaid for the term for which they shall be transferred, and that they nor any of them shall not be suffered to leave their service, or be at large by the wilful default of the person or persons contracting, or his, her, or their Assigns.

And it is further enacted and ordained that in all criminal cases whatsoever, no Indictment shall be quashed nor any Judgment arrested for want of form in any part of the Proceedings.

And for the better & more orderly Regulation & Establishment of the Courts of Civil Jurisdiction herein after to be appointed within the Province aforesaid It is Enacted and Ordained &ca That the Province of Quebec as limited & bounded by the said Act of the 14th of His present Majesty be divided into two Districts or Territories to be called & known by the names of the District of Quebec & Montreal — the District of Quebec to contain & comprehend so much of the said Province as lies to the Eastward of the river St Maurice, & to the Eastward of a Line drawn from the head of the said river to the Northermost bounds of the said Province; and also so much of the said Province as lies to the Eastward of the riverand N.B. There are two Rivers on the South side of the River St Lawrence nearly opposite the River St Maurice, the River du Chene & the River Puante; it is necessary to consult the Map to determine which to take. of a Line drawn from the head of the said river to the Southmost bounds of the said Province in case the said river shall be found to take its rise in the said Province; and, all that part of the Province to the Westward and Southwestward of the said Rivers & Lines shall be within the District of Montreal.

In and over which Districts of Quebec and Montreal so divided as aforesaid it shall and may be lawful to & for His Majesty, His Heirs & Successors from time to time to appoint two Ministerial Officers by the name & title of Sheriffs to preside, that is to say — the Sheriff of Quebec in & over the District of Quebec & the Sheriff of Montreal in & over the District of Montreal.

And it is further enacted and Ordained &ca that in & for the Districts of Quebec & Montreal so described & bounded as aforesaid, there shall be erected, constituted & appointed & the same are hereby & by the Authroity aforesaid erected, constituted & appointed two Courts of Civil Jurisdiction, by the name style & title of the Courts of Common Pleas to be kept & held at the Towns of Quebec & Montreal respectively, with full power and authority to hear & determine according to the Laws, Customs & usages of Canada as observed & received in the said Province before the conquest of the same by His Majesty's Arms, & according to such Laws, Ordinances and regulations as shall, from time to time, be enacted by the Legislative Council of the same; which Courts of Common Pleas at Quebec & Montreal so constituted as aforesaid shall be taken and adjudged to have each their separate jurisdictions independent of & unconnected with each other that is to say — the Court of Common Pleas at Quebec in and over all Causes arising or to arise within the District of Quebec and the Courts of Common Pleas at Montreal in and over all Causes arising or to arise within the District of Montreal.

And it is further enacted and ordained &ca That in the Courts of Common Pleas so constituted as aforesaid Four of His Majesty's antient British Subjects by Commission under the public Seal of the Province, shall sit as Judges, that is to say two of the said British Subjects in the Court of Quebec, & two other of the said British Subjects in the Court of Montreal, which Judges of the said Courts for the time being are hereby empowered & authorized to take cognizance of Pleas in all Civil Causes whatsoever as well between His Majesty and His Subjects, as between party and party whether real, personal or mixed, & the same to hear, adjudge & finally determine, and also to award costs between party and party as fully and amply to all intents and purposes whatsoever as the Court of Common Pleas at Westminster, or any Court of Civil Jurisdiction within His Majesty's Kingdom of England is or are authorized & empowered, or doth or may hear, adjudge determine and award.

And it is further Enacted and Ordained by the authority aforesaid that Too the Judges of the several Courts of Common Pleas as well in Quebec as Montreal so appointed as aforesaid, there be associated and joined in Commission two of His Majesty's Canadian Subjects by the name & names of Assistants or Assessors to the judges and Courts of Common Pleas as well in Quebec as Montreal respectively — that is to say — one such Canadian Subject as Assistant or Assessor to the judges & Court of the District of Quebec at Quebec, and one other such Canadian Subject as Assistant or Assessor to the judges & Court of the District of Montreal at Montreal.

Which said Assistants or Assessors shall be present at every Court and sit with the Judges of the said Courts respectively according to their District, & give their opinions and advice in all Civil matters as well of Law as practice, as often as they shall be thereunto called by the judges of the said Court; but shall have no authority or power to attest or issue any process, nor have any voice nor give any Vote concerning any order, judgement or Decree, or otherwise interpose or meddle with any of the business of the said Court than by giving such Advice & Opinion as aforesaid when thereunto called upon & required so to do by the Judges of the said Court of Common Pleas respectively.

And whereas it is very expedient for the due administration of Justice in this Province that there should be frequent Sessions of the Courts of Civil jurisdiction therein established to the end that His Majesty's Subjects in the said Province may prosecute their just claims in the said Courts with expedition & obtain final judgement and execution within a reasonable time — Be it further Enacted &c — and it is accordingly Enacted &c — that for the hearing and determining all Matters wherein the Cause of Action shall exceed the sum of Ten Pounds sterling money of Great Britain in and for & until the end & expiration of this present year 1775 there shall be held two Sessions of the Court of Common Plea as well at Quebec as Montreal that is to say one Sessions of the Court of Common Pleas for the District of Quebec at Quebec on the day ofand one other such Session as aforesaid onday ofat Quebec as aforesaid, one Sessions of the Court of Common Pleas for the District of Montreal at Montreal onday ofand one other such Sessions as aforesaid onday ofat Montreal as aforesaid.

And from and after the End & Expiration of this present year, & in and for the year next ensuing — that is to say the year of Our Lord 1776, & in every year then after following, there shall be held 8 Sessions of the Courts of Common Pleas before the judges of the same that is to say 4 Sessions of the Courts of Common Pleas for the District of Quebec at Quebec, and 4 Sessions of the Courts of Common Pleas for the District of Montreal at Montreal by the Judges of the said Courts respectively on the days and at the times herein after following that is to say at Quebec for the district of Quebec

on the first day of

on the first day of

on the first day of

on the first day of

And at Montreal for the District of Montreal

on the first day of

on the first day of

on the first day of

on the first day of

except when any of the days so as aforesaid appointed for the holding any of the said Courts shall happen to be a Sunday, in which case the Sessions shall commence on the 2d or 3d of such month as the judges of the said Courts shall, in their discretion, think proper to appoint.

At which days and times so appointed as aforesaid, the said Courts of Common Pleas, as well at Quebec as Montreal, shall sit and continue to sit day after day on every day in the week, except Sundays, until the business of the said Court shall be finished unless the Judges of the said Courts shall be finished unless the Judges of the said Courts shall think fit at any time to adjourn the said Court unto some further day in the same Session or unto the first day of the next Session, which adjournments they are hereby empowered and authorized to make according to their own Discretion.

Provided always, and it is hereby further ordained & declared by the Authority aforesaid, That for the hearing & determining all Matters wherein the Cause of Action shall not exceed the sum of Ten Pounds, & where no title to Land is in question, the said Courts of Common Pleas as well at Quebec as Montreal, shall be open at all times, and they are hereby Commanded to be kept open at all times throughout the year except on Sundays, and for 3 weeks at seed time one Month at harvest, & a fortnight at Xmas and Easter; and except during such times as shall be appointed by the Judges for making their respective Circuits throughout the Province — And every Friday in every week throughout the year, except in such Vacations as aforesaid shall be a Court day for hearing & determining all Matters wherein the Cause of Action shall not exceed the sum of Ten Pounds, and where no Title to Land is in Question.

Provided also, and it is further Enacted and Ordained &c. by the Authority aforesaid, that from & after the Publication of this Ordinance, when any person or persons against whom any judgement or Judgements shall be obtained in either of the said Courts of Common Pleas, shall not have any Lands, Goods, or Effects wherewith to satisfy the same within the jurisdiction of that Court wherein such judgement or Judgements shall be obtained, but such person or persons shall have Lands, Goods & Effects within the jurisdiction of the other Court of Common Pleas that then and in that Case it shall and may be lawful to & for the judge or judges of the Court of the District in which such Judgement or judgements shall be obtained to award an Execution, or Executions to the Sheriff of the District in which such Lands Goods & Effects shall be found who shall before he proceeds to do anything therein carry such Writ or Writs of Execution to one of the Judges of the Court of the District in which such Lands Goods, or Effects shall be found, who is hereby authorized and required to indorse the same, which Writ or Writs of Execution being so endorsed as aforesaid, the Sheriff of the District in which such Lands Goods or Effects shall be found shall proceed to levy the debt & costs & make return thereof under his hand & seal to the Judge or Judges of the Court from whence such Writ or Writs of Execution was or were originally awarded.

And such Writ or Writs of Execution with the Return thereof under the hand & Seal of the Sheriff subscribing the same, shall be by him transmitted so soon after the making & subscribing thereof as conveniently may be, to the Sheriff of the District from when such Writ was originally awarded, who is hereby authorized & Commanded to deliver the same into the Court of Common Pleas, from whence such Writ was originally awarded, on the first Court Day next after the coming of the said Writ and Return into his hands, and the Judge or Judges of the said Court from whence such Writ of Execution was originally awarded, shall receive & record the same & the same shall be as valid and effectual to all intents & purposes as if the Sheriff making & subscribing the same, had himself been present & delivered it into Court with his own hand.

And in Case any person or persons against whom any such judgement or judgements as aforesaid, shall be obtained, not having any Lands, Goods, or Effects within the Province wherewith to satisfy the same shall usually reside without the Jurisdiction of the Court in which such Judgment or Judgments shall be obtain'd or being at the time of obtaing such Judgment or Judgments resident within the same shall alter his or their place of Residence and withdraw his or their Person or Persons from the Jurisdiction of the Court in which such Judgment or Judgments shall be obtained, it shall and may be lawfull to and for the Judge or Judges if the Court in which such Judgment or Judgments shall be obtained in all Cases, where such Writ may legally issue to award process against the Body of such Persons or Persons to the Sheriff of the District in which such Person or Persons shall reside or be found, which process being so indorsed as aforesaid the sheriff of the District in which such Person or Persons shall reside or be found shall proceed to Execute the same, and to arrest the Body and Bodies of such Person & Persons, & Him, Her & them to carry to the Common Goal of the District in which such Person or Persons shall be arrested, there to remain till the Debt and Costs are paid, or the parties be otherwise delivered by due Course of Law. Provided also the Sheriff executing the said Writ and Writs and making returns thereof as aforesaid shall be answerable as well for the truth of the said Returns as for any Misbehavior Neglect and Comission in the manner of Executing the said Writs and making returns thereof before the Judge or Judges of the Court from whence such Writs originally issued and not before the Judge or Judges of the Court of the District to which he belongs.

And to prevent as much as may be all unnecessary delay and other evil consequences arising from vitious and informall pleadings, and that the Judges of the Courts of Common Pleas may be the better enabled to give Judgment upon the true Merits of every Case, it shall and may be lawfull for the Parties as well Plantiffs as Defendants, their Counsell Solicitors and Agents in all Cases where the Cause of Action shall exceed the sum of Ten pounds Sterling Money of Great Britain and where any title to Lands shall be in question to set forth under the hand of their Counsel Solicitor or Agent subscribing the same either in the French or English Language the whole matter of Complaint and defence in as full and ample a manner and in such form as they shall think proper and upon the coming in of the final Answer of the defendant or when the Pleadings between the Parties shall be otherwise closed, the Court shall appoint a Day in the hearing of the Parties their Council, Solicitors or Agent to examine and consider the same, at which Day they shall proceed to settle the Issue or Issues contained in the several Allegations and Pleadings of the parties.

And if upon such Consideration and review of the pleadings it shall appear to the Court, and the Parties shall agree that no fact material to the point or points in Issue is controverted between them but that the Right of either party depends upon a mere Question or Questions of Law the Court shall appoint a day for hearing the Arguments of Council on both sides touching the same, and shall determine therein according to the Laws and Customs of the Province and according to their best knowledge and understanding of the same.

And if upon such review & Consideration as aforesaid it shall appear to the Court that some Fact or Facts material to the point or Points in Issue is and are intended to be contested between the Parties it shall and may be Lawfull for the Court by consent of all Parties and not otherwise to try the same before themselves by Vivâ Voce Evidence of Witnesses at their Bar written Instruments or other modes of Testimony commonly used in Courts of Justice and instead thereof and in case any of the Parties shall so require to direct one or more Issue or Issues for the Proof of such Facts to be Tried by a Jury returnable by the Sheriff at such day and time as the Court shall appoint for the Trial of the same.

And if upon review of the Pleadings aforesaid it shall appear to the Court that the Right of either Party depends upon a complicated Question both of Law & fact it shall and may be lawfull for the Court in that Case upon the consent of all the Parties as aforesaid to try such Issue of Fact themselves upon such Evidence as aforesaid or otherwise at the instance and request of either of the Parties to direct one or more Issue or Issues for the tryal of such Fact or Facts by Jury reserving to themselves the sole Right of determining (in which the Jury shall not interpose) the Question or Questions of Law Dependant upon such Facts and to give Judgment and pronounce thereon according to the Laws and Customs of the Province and according to their best knowledge and understanding of the same.

And it is further enacted and ordained that in all Actions hereafter to be commenced in either of the Courts of Common Pleas of the Nature of Actions of Assault and Battery, Slander false imprisonment and other Actions wherein a Recompence in Damages is sought for Personal wrongs, where no Justification in Law is pleaded on the part of the Defendant but the Issue is a meer Question of Fact upon Guilty or not Guilty it shall and may be Lawfull to and for the Judges of such Court to direct the same to be tried by a Jury of twelve Men who shall give their Verdict and assess the Damages between the Parties in the same manner as Juries do or have right to do who are at any time returned to try such Issues in the Court of Common Pleas at Westminster or any other Court of Civil Jurisdiction within the Kingdom of England.

And where in such Action or Actions as aforesaid any Justification in Law is set up by the Defendant or any Question of Law goes to the whole merits of the Case shall arise out of the pleadings the Court shall give Judgment thereon before any Issue shall be directed for the Trial of any Fact, and if such Judgment shall be with the Plaintiff it shall and may be Lawfull for the Court to direct and award to the Sheriff of the District in which such Judgment shall have been given a writ to Summon a Jury of twelve Men to appear before the Court on a certain Day therein appointed to enquire concerning the Damages sustained and suffered by the Plantiff in the said Action and Assess the sum necessary to be given to him as a Compensation for the same.

And whereas it has been found by Experience that the unanimity heretofore required from Jurors in giving their Verdict has been attended with many inconveniencies, it is further I think it will be necessary to have a particular Ordnance for the Regulation of Juries — if so this Clause had better be omitted for the present, indeed I am much inclined to doubt the Principles or Propriety of it at any Time. Enacted and ordained that in all Issues directed to be tried by a Jury in the Court of Common Pleas it shall not be necessary for the whole twelve Jurors to agree in their Verdict but the Verdict of Eight out of the twelve and not fewer agreeing and consenting thereto shall be as good valid and effectual for ascertaining any Fact or Facts directed to be tried in such Issue or Issues or for assessing such Damages as if the whole twelve Jurors agreed and been consenting to the same.

And whereas the Governor and Commander in Chief of the Province for the time being has been used to hear and determine causes in Equity and to pronounce order and decree therein between the Parties in a Court called and known by the Name stile and title of the Court of Chancery held before himself as keeper of the public Seal of the Province the proceedings of which Court with the Delay and Expence incident to a Suit commenced therein have been very Burthensome to the parties and are ill adapted to the state and Condition of the Province — It is further Enacted and ordained by the Authority aforesaid that from and after the Publication of this Ordinance No Governor, Lieut Governor or other keeper of the Public Seal of the Province shall hold or keep or sit as Judge in any such Court of Equity or Exercise any Powers & Authorities touching the same as belonging to or derived from the Custody of the Public Seal, but the same are hereby and by the Authority aforesaid revoked, annulled, and made void to all Intents & Purposes whatsoever.

And in place thereof and in order to retain & preserve so much of the Jurisdiction of a Court of Equity as is adequate to the purpose of attaining specific Justice & necessary thereto, it is farther enacted & ordained that in Matters of Account, Trust, Fraud, Concealment, and other Cases where any Plaintiff or Plaintiffs, or any Defendant or Defendants shall seek a Discovery of any Deed, Trust or other Matter or thing within the Knowledge of any Defendant or Defendants, Plaintiff or Plaintiffs which in all Equity and good Conscience ought to be discovered & made known to the Parties seeking such Discovery it shall and may be lawful to and for the Judges of the Court of Common Pleas as well in Quebec as Montreal to permit such Plaintiff or Plaintiffs & such Defendant or Defendants upon his, her or their Prayer for that purpose to exhibit one or more Interrogatory or Interrogatories for the purpose of procuring such Discovery and to compel the Parties from whom such Discovery is sought to answer the same upon pain of being proceeded against in the same manner as persons in Contempt for not answering or making such Discovery are usually proceeded against in any of the Courts of Equity in England until full Answer is put in or the Court is otherwise satisfied and the Party cleared of the Contempt.

And in like manner in all Cases of Covenant, where from the time of entering into such Covenant, nothing has intervened, or happened, to make it hard or unreasonable for the Party covenanting to perform the same, in the express Terms of the Covenant, it shall, and may be lawful, to and for the Judges of the said Courts of Common Pleas, upon Prayer of the Party for that purpose, to award and decree a specific performance of such Covenant, or Covenants, and in case of Disobedience, or Refusal, to imprison the Party so refusing, 'till he, she or they shall comply with the same & pay due Obedience to such Award & Decree.

And it is further enacted & ordained by the Authority aforesaid, that as well in the Courts of Common Pleas aforesaid, as in all other Courts of Civil Jurisdiction in this Province, the Process for compelling Appearances & all other Matters previous to the Judgment except in Cases of Contempt for not answering to Interrogatories, & except where the Judges of the Court upon special Affidavit shall mark any Writ for Bail which in their Discretion they are hereby authorized to do, shall by Summons, Attachment of Goods & Distress only, & after Judgment, by Writ of Execution against the Goods & Effects, and for want of Goods & Effects, against the Land, and for the want of Land against the Person of the Defendant or Defendants, against whom any Judgment or Judgments shall be obtained in any such Court or Courts.

But whereas great & manifold Inconveniences & Losses have arisen to the Proprietors of real Estates in this Province by having their Houses & Lands taken in execution & exposed to sale for the payment of small debts, & also from the hasty & informal Method of setting the same to sale, even in Cases where the Extent of the Judgement will admit of no other Satisfaction; It is further enacted & ordained by the Authority aforesaid that from & after the publication of this Ordinance no process whatsoever shall be awarded out of any of the Courts of Civil Jurisdiction in this Province, for the Sale of any House or Houses, Land or Lands, Tenement or Tenements upon any Judgement or Judgements where the original Cause of Action shall not exceed the sum of ten pounds Sterling Money of Great Britain, & that from & after the publication aforesaid, no Houses, Lands or Tenements nor any House, Land or Tenement shall be extended or sold by the sheriff or any person whatsoever, unless the personal Property of the Defendant or Defendants in the Action shall be found insufficient.

And it is further ordained and declared by the Authority aforesaid, that upon the issuing of any Writ or Writs of Execution for the sale of any Houses, Lands or Tenements, or so soon after as conveniently may be, the Sheriff of the District in which such Houses, Lands or Tenements shall lie or be situated shal cause the same to be advertized in the Quebec Gazette, both in English and French, and therein set forth as near as may be the Quantity, Quality & Condition of such Lands & Houses, together with the Terms & Day of sale, which Day of Sale shall not be 'till six Months after such Publication as aforesaid; and at the same time or so soon after as conveniently may be, he shall also cause a true Copy of the said Advertisement in the English and French Language to be sent to the Head Bailiff of the Parish where such Houses & Lands shall lie & be, who is hereby ordered & required to fix the same upon the Door of such Parish Church, & replace the same so often as it shall be removed, defaced, or rendered illegible by time or accident; and also to publish & declare the Contents thereof every sunday at the Door of the said Church immediately after Divine service, that the same may be fully known & understood by the Inhabtants thereof for which the said Bailiff shall receive out of the Produce arising from the Sale of the said Estate the Sum of one Spanish Dollar & no more to be paid by the sheriff & allowed him in his Accounts.

Provided always, and it is hereby and by the Authority aforesaid further ordained and declared, that from and after the Publication of this Ordinance, all Houses Lands & Tenements against which any Writ or Writs of Execution shall be awarded for the sale of the same, shall be taken to be and they are hereby & by the Authority aforesaid declared, to be obliged & bound in Law to pay & satisfy all & every judgment & Judgements which shall or may be obtained against the Owners & Proprietors thereof, from the Day on which such Judgement or Judgements shall be pronounced & given, and that no Mortgage Sale or Assignment, or any Deed of Conveyance or any Disposition without Deed, whatsoever, howsoever, or to whomsoever made on or after the Day on which such Judgement or Judgements shall be pronounced & given as aforesaid shall defeat, avoid, suspend, or delay the Force and Operation of such Judgment, but all & every such Morgage, Sale, Assignment, Deed & Disposition, shall be taken to be, and all & every of them is, & are hereby declared to be fraudulent, as against the said Judgment, Creditor, or Creditors, & to have no Validity, Power, Effect, or operation, whatsoever to the prejudice of such Judgment Creditor or Creditors.

And it is further ordained & declared by the Authority aforesaid, that all Judges issuing any Writ of Execution, as well where the Cause of Action shall exceed the sum of ten Pounds sterling as aforesaid, or where it shall not exceed the same, shall & may, and they are hereby authorized & required, to mark upon such Writ of Execution, the Day on which Judgement was pronounced in the Cause, and if two or more Writs of Execution shall be issued upon Judgments pronounced, the same day, against the same Defendant, or Defendants, & so marked upon the Writ, such Executions shall have the same Privileges, & be satisfied in equal proportions; & the sheriff or other persons to whom such Writs of Execution shall be awarded, is hereby authorized & commanded, after the sale of the whole of such Defendant or Defendants, real & personal Estate, where the said Writs of Execution shall be awarded against both, in case the same should not be sufficient to satisfy the whole of the said Judgements, to pay over, & divide the Produce of such sale, or sales, after deducting his own Costs & Charges, amongst the several Plaintiffs in proportion to the Amount of their respective Judgments.

*This Clause perhaps had better be inserted after the clause establishing the Courts of the District.

*Provided always that nothing contained in this Ordinance shall extend or be construed to extend, to prevent or hinder the Judges of any of the Courts of Judicature, established or to be established by virtue of the same, from making any other Rules & Regulations, not contrary to the Rules & Regulations herein before described, for the more orderly practice & Proceedings in the said Courts, but the said Judges of the said several Courts shall be, and they are hereby authorized & impowered to make such other Rules & Regulations, except in the Cases herein before provided for, in as full & ample manner, as all, or any of the Judges of the several Courts of Judicature in England may or of Right ought to make.

And provided also that, in all Cases where the Cause of Action shall exceed the sum of ten pounds sterling Money of Great Britain, or where any Title to Land is in question, all & every Person & Persons, who shall think him, her, or themselves, aggrieved by Virtue of any Decree, Judgment, sentence, or Order, of any of the Courts of Justice established; or to be established, in this Province, may appeal therefrom; & it shall be lawful for him, or them, to appeal therefrom to the Court of Appeals, to be held before the Govr & Council of the Province as hereinafter appointed; such Person or Persons so appealing, having first given good security to prosecute such Appeal, & also to pay & satisfy the Debt & Costs, as well of the original Judgement, as of the Appeal, in case the original Judgement shall be affirmed in such Court of Appeal.

Provided always that such Appeal be prosecuted out of the Court below, & entered with the Clerk of the Council or other Officer appointed to receive Appeals from the inferior Courts withinMonths after Judgment shall have been given in such inferior Courts.

And whereas the providing an easy plain & summary Method of proceeding for the Recovery of small Debts, very much contributes to promote Industry & to support & encourage useful Credit, and to the intent that the manner of Proceeding in such Actions where the Matter in dispute does not exceed the sum of ten Pounds sterling Money of Great Britain may be clearly comprehended so as to enable the Party to prosecute his own Means of Redress by himself or Agent with Dispatch certainty & Moderation in point of Expence; It is enacted & declared &ca That from & after the Publication of this Ordinance in all Matters where the Cause of Action shall not exceed the Sum of ten Pounds as aforesaid. No Process whatsoever shall issue against any Defendant or Defendants untill the Plaintiff or Plaintiffs or his, her or their Agent or Agents shall have produced & left with, or being unable to write or read, shall have first procured from the Clerk of the Court of Common Pleas in which such Action is intended to be brought who is hereby ordered & required to make out the same a Plaint or Declaration either in the English or French Language according to the following form.

Quebec

Montreal Day of 177

A. B. Plaintiff

C. D. Defendant

The Plaintiff demands of the Defendant the sum of due to the Plaintiff from the Defendant for which said sum though often demanded, still remains due, Therefore the Plaintiff demands Judgement; which Declaration being so produced to, and left with or so as aforesaid made out by the Clerk of the Court in which such Action is intended to be brought, shall be filed by the said Clerk with other Records of the Court, and the said Clerk shall immediately make out an attested Copy thereof & upon such Copy indorse a summons to which he shall procure the Name of one of the Judges of the said Court to be set commanding the Defendant either to pay the Debt & Costs to the Plaintiff, or else to appear on some subsequent Court day, according to the Discretion of the Judge who signs the same, Regard being had to the distance of the Defendant's place of Residence, & the means of Communication therewith, which summons shall be in the following form.

To C. D. the Defendant in this Action.

You are hereby commanded & required to pay to the Plaintiff the within named Sum oftogether withCosts or else to be and appear, either in person, or by your Agent, before me at the Court house of the Town of Quebec/Montreal together with your Witnesses, if any you have, onday ofwhich day the matter of Complaint against you, as Contained in the within Declaration, will be heard & finally determined, otherwise Judgment will be given against you by default in this Action.

E. F. Judge of the Court of Common Pleas.

And this attested Copy of the Declaration and Summons, indorsed & signed as aforesaid, for all which the Clerk of the Court shall receive from the Plaintiff the Sum of Six Pence & no more, where the Original Declaration shall be produced & delivered to him, and the Sum of One Shilling & no more where he shall make out the same himself at the desire of the Party shall be delivered to the Plaintiff or Plaintiffs, or his, her or their, Agent or Agents, who shall convey, or cause the same to be conveyed, to one of the Bailifs of the Parish in which such Defendant resides, who is hereby authorized and required to serve the same upon the Defendant, personally if he can be found, or otherwise upon his Wife, Son, Daughter, Servant, or other grown person at his the said Defendant's Dwelling House or usual Place of Abode, & at the same time to shew him, her, or them, the attested Copy of the Declaration, with the Writ of Summons annexed, & to acquaint him, her or them, with the Contents thereof, & to leave a Copy of the same at the said House, & the Bailif serving such Process as aforesaid is hereby further authorized & required to attest the said Service at the foot of the said Writ of Summons, together with the day and time of serving the same, according to the following form.

I, G. H. Bailif of the Parish ofdid onday ofpersonally serve the within named Defendant with the Copy of the Declaration & Writ Summons annexed, by shewing him the same & acquainting him with the Contents thereof, or by leaving a Copy of the same, & acquainting him with the Contents thereof, or by leaving a Copy of the same at his house withtheof the said Defendant, such being of the Age ofor thereabouts.

And this Copy of the Declaration, Writ of Summons, & Certificate of the Service so made by the Bailif shall be delivered by him to the Plaintiff if thereto personally required by the Plaintiff himself who shall pay the Bailif for the service & Attestation aforesaid, the Sum of one Shilling & no more, which Sum of one Shilling, together with the Charges of issuing and returning such Process shall be allowed him in his Costs in Case he shall obtain Judgement against the said Defendant in the Action but in case the said Plaintiff shall not personally demand the Custody of the said Process after such Service and Attestation as aforesaid then the Bailiff so serving and attesting the same shall forthwith return the same to the Court of Common Pleas from whence such Process issued who shall direct the Costs of returning the same together with the Fee of one Shilling for the Service and Attestation thereof to be paid to the said Bailiff, by the Defendant if he shall be condemned in the Action or by the Plaintiff if he shall discontinue or otherwise fail in the proof of the Matter contained in his Declaration.

And it is further ordained and declared by the Authority aforesaid that if any Defendant after having been duly summoned as aforesaid shall refuse to pay the said debt and shall not appear either by himself or Agent before the Court at the time and Place mentioned in the said Writ of Summons it shall and may be lawful for the Judge or Judges of the said Court upon View of the Certificate of the said Bailiff or other due proof of the Service of the said Writ of Summons in manner aforesaid to hear the Cause on the part of the Plaintiff only and to make such Order Decree or Judgement and to award such reasonable Costs of Suit as to him or them shall seem most agreeable to Equity and good Conscience and if upon the day of the Return of such Writ, or on such other day as shall be appointed by the Court for the hearing of the Cause the Defendant so summoned as aforesaid shall appear either by himself or his Agent, and the Plaintiff shall not appear either by himself or his Agent, or appearing shall not prosecute or prosecuting shall fail in the proof of the Matter contained in his declaration that then upon due proof that such Defendant was served with such process it shall and may be lawful to and for the Judge or Judges of the said Court to dismiss the said Defendant and decree and award him such Costs as in his or their discretion shall seem meet and also to award Execution against the said Plaintiff for Recovery and levying thereof in the same manner as other Executions are hereby directed to be awarded against the Defendant where the Plaintiff shall obtain Judgement in the Action.

Provided always and it is hereby further ordained and declared by the Authority aforesaid that no Execution shall be awarded against any Defendant until the next Court day after that on which Judgement shall have been given in the Action to the intent that the Party may have time to satisfy such Judgement by paying the Debt and Costs into the hands of the Plaintiff or Plaintiffs, his her or their Agent or Agents or to the Clerk of the Court who is hereby authorized and required to receive the same for such Plaintiff or Plaintiffs for his her or their use unless it shall be made to appear to the Court pronouncing such Judgement that the Defendant or Defendants is or are preparing to leave the District or otherwise to defeat the Plaintiff or Plaintiffs of the Effect of his her or their Judgement in which Case it shall and may be lawful for the Court pronouncing such Judgement to award Execution immediately but in default of such Payment as aforesaid it shall and may be lawful for the Court pronouncing such Judgement on the Friday next ensuing the said Judgement to award Execution under their Hand and Seal directed to the Head Bailiff of the parish in which the Defendant resides or to some other discreet Person dwelling in or near the said Parish whom the Court shall nominate for that purpose and which they are hereby authorized to do commanding him to levy the debt and Costs together with his fees for levying the same and returning the said Writ (which &ca shall be expressed in the Warrant of Execution) out of the Goods and Chattels belonging to such Defendant only with an express Reservation therein contained of his the Defendant's Beasts of the Plough, Implements of Husbandry Tools of his Trade and one Bed and Bedding unless the other Goods and Chattels of such Defendant shall prove insufficient in which Case such Beasts of the Plough Implements of Husbandry and Tools of his Trade shall be sold but not the Bed and Bedding. And the said Bailiff or other Person to whom such Writ of Execution shall be awarded shall before he proceeds to do any thing therein give Notice at the Church door of the Parish wherein such Writ is intended to be executed immediately after divine Service both Morning and Evening on two successive Sundays next after the coming of the said Writ of the day and time appointed for the Sale of the Defendant's Goods on which day he shall proceed to sell the same to the highest Bidder and for the most Money he can get untill he shall have raised sufficient to discharge the whole of the said Writ of Execution after which if any Goods or Effects remain in Execution the same shall be immediately restored to the Defendant.

Provided also and it is hereby further Ordained Enacted and Declared that it shall and may be lawful for any Judge or Judges issuing or awarding any Writ of Execution in Matters where the Cause of Action shall not exceed the Sum of Ten pounds sterling Money of Great Britain upon due proof before him or them made of the distressed Circumstances of any Defendant or Defendants in any Action to indorse upon the same his or their Order to the Bailif or other Person as aforesaid commanding him to levy and raise the Sum for which the Writ is awarded by Installments in such proportions and at such days and times as to him or them shall seem meet.

Provided nevertheless that the whole of the Time so allowed and given shall not exceed the space of three Months from the day of the date of awarding such Writ of Execution.

And if it shall appear upon due proof thereof made before the Judge or Judges issuing and awarding such Execution as aforesaid that the Defendant or Defendants hath or have at any time after the Service of any Declaration and Writ of Summons as aforesaid conveyed away or secreted all or any part of his or their Goods or Effects in order to defeat the Plaintiff or Plaintiffs of his or their demand then and in such Case it shall and may be lawful to and for the said Judge or Judges to award a Writ of Execution immediately against the Body and Bodies of such Defendant and Defendants directed to the Bailiff or other Person as aforesaid commanding him to arrest the said Defendant or Defendants and him or them to convey to the Common Gaol of the District there to remain till such Debt and Costs be fully satisfied or other Order be made by the said Court for his or their deliverance.

And it is further Enacted and Ordained that no Appeal whatsoever shall lie from any of the Courts of Justice in this Province for any Matter or Thing where the Cause of Action shall not exceed the Sum of Ten pounds sterling Money of Great Britain and where no Title to Land is in Question but the Sentence of every such Court in all Matters where the Cause of Action shall not exceed the Sum of Ten pounds and where no Title to Land is in Question as aforesaid shall be final and conclusive without any Appeal Revision or further Contestation before any other Court whatsoever.

And whereas many Parts and Places of the Province now in and advanced State of Cultivation and Settlement particularly the Forts of Michilimacinac and Detroit and the Settlements at Gaspée in the Bay of Chaleurs on the Coast of Labrador in some of which large Fisheries are established and in others a very extensive and profitable Trade is carried on are so great a distance from the Court of Common Pleas herein before established as to be in a Manner almost wholly deprived of the Protection Benefits and Advantages of their Jurisdiction and Authority.

And it being of the utmost Importance to the public Peace Order and good Government of the People the Security of their Property and the Maintenance of their just Rights and dues that Courts of Criminal and Civil Jurisdiction should be established in such Places.

It is further Enacted and Ordained That in and over a District or Territory to be taken out of the District of Quebec as herein before described comprehending the whole Township or Settlement of& a Circumference ofMiles round the same it shall and may be lawful to and for His Majesty His Heirs & Successors from time to time to appoint one Sheriff to have a concurrent Jurisdiction with the Sheriff of Quebec to preside.

And it is enacted & ordained that for the due execution of the Laws & Administration of Justice within such Township, Settlement, & District thereunto annexed as aforesaid, there shall be established, & the same is hereby, & by the Authority aforesaid established, constituted and appointed one Court of Criminal and Civil Jurisdiction by the Name Style & Title of the Court of Kings Bench for the Township ofand the District thereof, to hear & determine in all Matters of a Criminal nature according to the Laws of that part of Great Britain called England, & the Laws, Orders & Regulations of the Province hereafter in that behalf to be made, and in all Civil Matters according to the Laws & Customs of Canada, as observed & used in the said Province before the Conquest thereof by His Majesty's Arms, & according to such Laws Ordinances & Regulations as shall from time to time be enacted by the Legislative Council of the same. Which Court, so constituted & appointed as aforesaid, shall be held before one Judge to be appointed by Commission under the public Seal of the Province by the Name Style & Title of Judge of the Court of King's Bench for the Township & District ofand one other Person by the Name of Assistant or Assessor to the Judge & Court of the Township and District ofwhich Assessor shall be present at every Court to sit with the Judge, & assist him with his Advice & Opinion in all Civil Matters as well of Law as Practise, but shall have no Authority or power to attest or issue any Process, or have any Voice, or give any Vote concerning any Order, Judgement, or Decree, or otherwise intermeddle with any of the Business of the said Court, than by giving such Advice & Opinion as aforesaid, which Judge so as aforesaid appointed, is hereby fully empowered & authorized to hear and determine all matters of a Criminal Nature, done, committed, or perpetrated within the Township & District as aforesaid; & the Offenders therein with their Accessories & Accomplices to imprison, try, convict, & punish, in as large and ample a manner, & according to the same rules & forms of proceeding within the Jurisdiction aforesaid as the Chief Justice of the Province may & of right ought to hear & determine, imprison, try, convict & punish in the Province at large in all Cases whatsoever; & also to have cognisance of Pleas, as well between His Majesty & His Subjects as between Party & Party whether Real, Personal or mixed, and the same to hear, adjudge & finally determine and also to award Costs between Party & Party, and otherwise to proceed according to the same forms, as well where the cause of Action shall exceed, as where it shall not exceed the Sum of Ten Pounds Sterling Money of Great Britain, in as full and ample a manner as any Judge or Judges of the Courts of Common Pleas at Quebec & Montreal hath, or of right ought to have the same, to hear, adjudge, determine & award.

Provided always, & it is hereby further enacted & ordained by the Authority aforesaid, that in all Cases of Treason, Murder, or other capital Felonys, it shall not be lawful to or for the Judge of such Township or District, nor shall he have any Power or Authority to try the same, but the said Judge is hereby commanded & required to send all Offenders therein, togehter with their Accomplices & Accessories, so soon as they shall be found, by Warrant under the Hand & Seal of such Judge, expressing the Crime for which such Offenders stand committed, to the Sheriff of Quebec who is hereby Authorized & required to receive such Offender or Offenders and him, her, or them to convey to the Jail of Quebec, there to remain till they be delivered by due Course of Law.

And such Judge of the Township and District ofas aforesaid shall bind over the Prosecutor of such Offender and Offenders together with the witnesses to Prosecute and give Evidence in the Court of Kings Bench to be held for the Province at large before the Chief Justice himself next after the Reception of such Offender or Offenders in the Goal of Quebec or at such day as the chief Justice shall appoint for the trial of the same. And such Judge of the Court of King's Bench for the Township and District ofshall hold a Court of Oyer Terminer and Goal delivery atin and for the district ofat least four times in every Year that is to say one Court at or on some day in the Month of one other Court at or on some day in the Month ofone other Court at or on some day in the Month ofand one other Court at or on some day in the Month ofand as much oftener as the Judge of such Court in his discretion shall think necessary and the State of the goal may require allowing allways fifteen days between the Teste and Return of the Precept for holding such Courts.

The same Courts with the same Powers to Missilimaconac, Detroit, Gaspée & the Illinois and such other places as shall be necessary At which days and times the Court shall sit and continue to sit till every Prisoner in the Goal shall be truely convicted or acquitted and discharged and the goal fully delivered unless the Court shall see cause to the contrary in which Case it shall be Lawfull for them to remand any Prisoner or Prisoners and put off His, Her or their Trial to the next Court.

And whereas it is expedient and Necessary that a Court of Civil Jurisdiction should be established for the hearing and determining appeals from the several Courts of Civil Judicature throughout the Province.

Be it enacted and it is accordingly enacted that from and after the Publication of this Ordinance the Governor & Commander in Chief of this Province for the Time being the Lieutenant Governor & in their absence the president of the Council which shall be the Chief Justice of the Province for the time being together with every other member of His Majestys Council shall be and they are hereby and by the Authority aforesaid constituted and appointed a Court of Civil Jurisdiction for the purpose of hearing and determining all appeals in Cause where the Matter in Dispute shall exceed the sum of Ten pounds or where any title to Land is in Question as aforesaid from any of the Courts of Civil Jurisdiction established in the Province.

And that all unnecessary delay may be avoided and speedy Justice done to the Parties in all such appeals it shall and may be lawfull and the Court of Appeals so establish'd is authorized and required to sit and hold a Session......times in every Year; That is to say One Session at or on some day in the Month of......And in all Cases of Appeals from any of the Courts of Civil Jurisdiction in this Province the Governor and Lieutenant Governor and in their Absence the Chief Justice of the Province as President of the Council together with other Members of the Council shall be and constitute a Court for the hearing & determining the same and their proceedings shall be as effectual and their determinations as final and conclusive as if every Member of His Majestys Council was present and gave his Vote in the same And when it shall happen at any time that the Court is divided in Opinion and there shall be the same Number of Voices for reversing as there shall be for confirming the Judgment of the Court below in such case the Governor Lieutent Governor, or other President of the Court over and above his Vote already given by Virtue of which such Equality has been formed shall have one other Vote or Casting Voice by which the Event of the Appeal shall finally be determined.

And It is further Enacted and ordained by the Authority aforesaid that as well the Original Writ for removing the Record out of the Court below as all other process shall be and issue in the Name of the King Tested by the Governor Lieutenant Governor or President of the Court only and by no other and such Original Writ may issue at any time upon Application of the Party and bear date as well out of Session as in returnable if out of session on the first or some other day of the next Session and if in Session on some day in the same or the first day of the next Session as the Governor Lieutenant Governor or President of the Court shall think proper. And that the Court may proceed to try the real Merits of every Appeal and not be confined solely to the Examination of Errors upon the face of the Record it shall be lawful for, and by the Authority aforesaid Power is hereby given to the said Court of Appeals to issue process to bring up not only the Original Record but all Papers and written Evidence of every kind produced by eihter party in the Court below and the Judges of the Court below shall also send up a List of the Witnesses who have been Examined in the Cause vivâ voce in order that the Court may reexamine them if they think proper and finally determine upon the true Merits of the Case.

And if the Court shall be of Opinion that the Judges of the Court from whence the Appeal is prosecuted have mistaken either the Law or the fact and have given Judgment for the Defendant in Error when in Truth it ought to have been given for the Plaintiff, in such Case it shall be lawfull for the Court, and they are hereby Authorized and impowered not only to reverse such Judgment of the Court below, but also to give such other Judgment and award such Costs as upon the whole face of the Proceedings and Examination of the Witnesses it shall appear to them ought to have been given and awarded by the Court below.

And it is further Enacted and Ordained that Judgment in this Court upon every Appeal where the Matter in dispute shall not exceed the Sum of five hundred pounds Sterling Money of Great Britain shall be final and conclusive to all Parties without further Examination Revision or Appeal whatsoever (reserving to the Parties an Appeal to His Majesty himself in Council in all Cases where the Matter in dispute shall exceed the Sum of five hundred pounds as aforesaid) and Execution shall issue thereupon to enforce the same out of this Court without remanding the Record upon any Occasion or sending it back to the Court below even in Cases where the Judgment of the Court below shall be confirmed.

And whereas Doubts may arise whether the Revival & Restoration of the Canadian Laws with Respect to real Property may not have restored the Seigneurial and other Courts established for the Regulation and Government of that Property as incident thereto.

It is further Enacted and Ordained that from the Publication of this Ordinance No Seigneur or Lord of any Seigneurie or fief shall either by himself or any Judge appointed by him hold any Court within or for any fief or Seigneurie whatsoever belonging to him or exercise either by himself or any other Person any Judicial Power or Authority whatosever within his Seigneurie but all such Powers And Authorities are hereby declared void any Grant Usage or Custom heretofore prevailing to the Contrary hereof in any wise Notwithstanding.

Endorsed:

Drat of Ordinance for establishing Courts of Justice in the Province of Quebec.

[27]C.O. 42, Vol. 14, p. 28.This is the full text of the proposed Ordinance draughted by Chief Justice Hey, and referred to in the despatch of Dartmouth to Carleton, 10th December, 1774, see p. 584 and footnote 2 on the same page. As stated by Dartmouth, it expresses "His Majesty's gracious Intentions with respect to the plan of Judicature that is to be established." Although, owing to the rapid development of the troubles in America, the Invasion of Canada, and the interruption of the functions of the Legislative Council from September, 1775, to January, 1777, the draught Ordinance did not become law, yet it is important in view of much subsequent controversy as to the intentions of the British Government and the effect of the Quebec Act, with reference to the measure of completeness with which the old French Civil Law and its machinery were to be restored in Canada. An outline of this proposed Ordinance is given in the Instructions to Governor Carleton, with reference to the establishment of Courts and the administration of the law, especialy in articles 12 to 15 inclusive. See pp. 599-600.
Documents Relating to the Constitutional History of Canada 1759-1791, Part II

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