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COMMISSION FOR A COURT OF APPEALS[41]

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Quebec, 1st August, 1776.

George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith, and so forth.

To our Governor, our Lieutenant Governor, and our chief Justice of our Province of Quebec for the time being.

Know ye that we have though fit to constitute and appoint and by these presents, which are to continue and be in force only during our royal will and pleasure, we do constitute and appoint you, or either of you, together with the other Members of our Council of our said Province, for the time being, or any five of them /provided no Member thereof shall sit or vote in any Cause which he shall have already heard or given judgment in/ to be a Court of Appeals within our said Province, with Power to receive appeals from any Court of Civil Jurisdiction within the same in all cases where the matter in dispute shall exceed the Value of Ten pounds lawful Money of Great Britain, and to revise and examine all the proceedings in the Court appealed from, and receive and admit any new evidence that may be offered by either party, and to hear and determine all such Appeals, and pronounce final Judgment therein, and to put the same in Execution, with like Power and Authority as the Court from which the Appeal shall come, Saving always to all parties, who may think themselves aggrieved by any such Judgment, a right of Appealing to us in our Privy Council, in all cases where the Value of the matter in dispute shall exceed the sum of Five hundred Pounds of Lawful Money of Great Britain, or where the matter in question shall relate to the taking or demanding any duty payable to us, our Heirs or Successors, or shall concern any fee of Office, or annual rents, or other such like matter or thing, where the rights in future may be bound, though the immediate sum or Value appealed for does not amount to the Sum of Five hundred Pounds, or where the appeal shall be from any Judgment imposing any fine for any misdemeanour, where such fine shall exceed the Sum of One hundred Pounds of Lawful Money of Great Britain, Provided that in all such cases security be first duly Given by the Appellant or Appellants that he or they will effectually prosecute such appeal and answer the Condemnation, and also pay such costs and damages as shall be awarded by us in case the Judgment or Sentence of our said Court of Appeals shall be affirmed. We do nevertheless hereby give Power and Authority to our said Court of Appeals so constituted as aforesaid to put the Sentence or Judgment pronounced thereby in Execution, notwithstanding such appeal unto us in our Privy Council, in case good and Sufficient Security shall be first given by the Appellee, or Appellees, to make full restitution of whatever loss or damage the Appellant or Appellants shall sustain by means of such Sentence or Judgment, in case the same shall be by us reversed, and restitution awarded to the Appellant or Appellants. In Testimony whereof we have caused these our Letters to be made Patent and the Great Seal of our said Province to be hereunto affixed, and to be entered on Record in one of the Books of Patents in our Registers Office of Enrolments of our said Province, Witness our Trusty and welbeloved Guy Carleton our Captain General and Governor in Chief in and over our said Province, Keeper of our Great Seal of our said Province, Vice Admiral of the same, &ca. &ca. &ca. General and Commander in Chief of our Forces in our said Province and the Frontiers thereof, &ca. &ca. &ca. At our Castle of Saint Lewis, in our City of Quebec in our Province aforesaid the First day of August in the year of our Lord one thousand Seven hundred and Seventy Six, and in the Sixteenth year of our Reign.

By His Excellency's Command,

Counter Signed/GEO. ALLSOPP.(Signed) GUY CARLETON.

I do Certify that the Commission above transcribed, is a true copy of the original upon Record in the office of Enrolments of the Province of Quebec.

GEO. ALLSOPP

[41]Canadian Archives, Q. 12, p. 131.

Documents Relating to the Constitutional History of Canada 1759-1791, Part II

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