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Preamble.

Whereas it is necessary to establish Courts of Civil Judicature for the speedy Administration of Justice within this Province; It is therefore Ordained and Enacted by His Excellency the Captain General, and Governor in Chief of this Province, by and with the Advice and Consent of the Legislative Council of the same, That,

Division of the Province into Two Districts.

Art. 1. For the Ease and Convenience of His Majesty's subjects residing in different Parts of this Province, the same shall be and hereby is divided into Two Districts, to be called and known by the names of Quebec and Montreal, which said Districts shall be divided and bounded by the River Godfroy on the South, and by the River S^t Maurice on the North side of the River S^t Lawrence.

Establishment of a Court of Common Pleas for each District; to sit one day at least in every Week, in matters exceeding £10 Sterling, & another day in matters of or under that Sum; except in Vacation Times.

Art 2. A Court of Civil Jurisdiction, to be called the Court of Common Pleas, shall be, and hereby is erected, constituted, and established for each of the said Districts, the one whereof shall sit at the City of Quebec, and the other at the City of Montreal, at least one Day in every week, for the decision of Causes in which the Value of the matter in Dispute shall exceed Ten Pounds Sterling; and another Day in every week for the Decision of Causes in which the matter in Dispute shall be of or under the Value of Ten Pounds Sterling, and shall so continue their Sittings throughout the whole Year, excepting Three Weeks at Seed Time, a Month at Harvest, and a Fortnight at Christmas and Easter, and except during such Vacations as shall be appointed by the Judges for making their Circuits Twice Every Year through their separate Districts. The said Courts shall have full Powers, Jurisdiction, and Authority, to hear and determine Rule of Decision. all matters of Controversy relative to Property and Civil Rights, according to the Rules prescribed by an Act of Parliament made and passed in the Fourteenth Year of the Reign of His Present Majesty, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec, in North America," and such Ordinances as may hereafter be passed by the Governor and Legislative Council of the said Province.

Two Judges necessary to make a Court.

Art 3. In matters above the Value of Ten Pounds Sterling, the Presence of Two Judges shall be necessary to constitute a Court of Common Pleas; the Decision of which Court shall be Their Decision to be final in matters under £10 Sterling except in certain Cases; and in matters above that value, Appeal to be to the Governor and Council, Giving good security. final in all cases where the matter in Dispute shall not exceed the Value of Ten Pounds Sterling, except in matters which may relate to taking or demanding any Duty payable to His Majesty, to any Fee of Office, or Annual Rents, or other such like matter or Thing, where the Rights in future may be bound, in which Cases, and also in all Matters that exceed the said Value of Ten Pounds sterling, an Appeal shall lie to the Governor and Council; provided Security be duly given by the Appellant, that he will effectually prosecute the same, and answer the Condemnation; as also pay such Costs and Damages as shall be awarded, in case the Judgment or Sentence of the Court of Common Pleas shall be affirmed.

The Governor and Council made a Court of Appeals.

Art 4. The Governor and Council are hereby erected and constituted a Superior Court of Civil Jurisdiction (whereof in the absence of the Governor and Lieutenant Governor, the Chief Justice shall be President) for hearing and determining all Appeals from the inferior Courts of Civil Jurisdiction within the Province, in all cases where the matter in Dispute shall exceed the Sum of Ten Pounds Sterling, or shall relate to the taking or demanding any Duty payable to His Majesty, or to 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 be less than Ten Pounds Sterling. And any Five Members of the said Council (the Judges who shall have given the Judgment appealed from excepted) with the The Governor, Lieutenant Governor, or Chief Justice with any Five Members to constitute a Court. Governor, Lieutenant Governor, or Chief Justice, shall constitute a Court for that Purpose, which shall sit the first Monday in every Month throughout the year, and continue sitting each Month as long as the Business before it may require: And the said Court of Appeals shall have Power to revise and examine all the Proceedings in the Court below, and to correct all errors both in Fact and in Law, and to give such Judgment as the Court below ought to have given, and on Judgment to award and issue such Execution as the Law shall direct.

The Judgment of the Said Court to be final in all matters not exceeding the value of £500 Sterling. Appeals allowed in matters above that Value to His Majesty in Council.

Art 5. The Judgment of the said Court of Appeals shall be final in all cases where the matter in Dispute shall not exceed the Value of £500 Sterling; but in all cases exceeding that Value, an Appeal shall lie to His Majesty in His Privy Council, provided security be first duly given by the Appellant, that he will effectually prosecute his Appeal, and answer the Condemnation, as also pay such Costs and Damages as shall be awarded by His Majesty in His Privy Council, in case the Sentence of the said Court of Appeals shall be affirmed. An Appeal shall likewise lie to His Majesty in His Privy Council from the Judgment Other Cases in which Appeal shall be allowed to His Majesty in Council. of the said Court of Appeals in all cases where the matter in Question shall relate to the taking or demanding any Duty payable to His Majesty, or to any Fee of Office, or Annual Rents, or any such like matter or Thing, where the Rights in future may be bound, though the immediate Sum or Value appealed for be less than £500 Sterling; and in all cases where Appeal shall be allowed to His Majesty in His Privy Council, Judgments Sentences and Execution of the Courts of Civil Jurisdiction, established since the 1^st of May 1775, confirmed; subject to an Appeal. Execution shall be suspended until the final determination of such Appeal, provided Security be given as aforesaid.

Art 6. All Judgments, Sentences and Executions of the Courts of Civil Jurisdiction, which it has been found necessary to establish since the 1^st May 1775, are hereby ratified and confirmed,^[57] subject nevertheless to an Appeal to the said Court of Appeals, in matters exceeding the value of Ten Pounds Sterling, and in Cases where Rights in future may be bound.

Appeal from the Judgments of all the Courts heretofore established within Three Months.

Art 7. Any Party meaning to Appeal from any Judgment, either of the said last-mentioned Courts, or of the Courts of Civil Jurisdiction subsisting in the Province before the 1^st of May 1775, shall sue out the Writ of Appeal within Three Months after the Publication of this Ordinance, after which Period the same will not be allowed.

All Matters undetermined in any former Court of Appeals to be transmitted to the Court of Governor and Council.

Art 8. All Actions instituted in any of the Courts of Civil Jurisdiction subsisting in the Province before the 1^st of May 1775, or in those established since the 1^st of May 1775, and remaining undetermined therein, shall be transmitted to the Courts of Common Pleas hereby established for the respective Districts, to be proceeded upon to Judgment, as if the same had been commenced therein; also all Matters remaining undetermined in any Court of Appeals heretofore subsisting in this Province shall be forthwith transmitted to the Court of Appeals hereby established, to be proceeded upon therein to Judgment and Execution.

GUY CARLETON

Ordained and Enacted by the Authority aforesaid, and passed in Council, under the Great Seal of the Province at the Council Chamber in the Castle of S^t Louis, in the City of Quebec, the 25^th day of February, in the seventeenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith and so forth, and in the year of our Lord 1777.

By His Excellency's Command

J: WILLIAMS

C.L.C.

[56]

Canadian Archives Q 62 A-2, p. 586. The basis of these and the following Ordinances is given in Hey's draught of an Ordinance for Establishing Courts of Justice in the Province of Quebec, given in full p. 673, and outlined in the 14th and 15th articles of the Instructions to Governor Carleton 1775. See p. 600. On the 21st January, 1777, the Legislative Council was convened for the first time since September 2nd, 1775, and proceeded to take up, as the most important item of business, the establishment of regular courts of justice. The Attorney General, Wm. Grant, had been employed, evidently on the basis of Hey's draught and in many consultations with the Governor, in framing the heads of a general ordinance on the subject which was submitted to the Council on January 27th. Each member was asked to communicate his observations in writing. Mr. Grant, after consultation with the Committee of Council, divided the general draught into three separate ordinances, as finally passed. Mr. Grant's connection with the framing of these ordinances is indicated in the details of his account for fees. See Public Accounts of the Province of Quebec 1777-8. On January 31st, Hon. James Cuthbert submitted in writing his contention on behalf of the Seigniors, that inasmuch as the Quebec Act had provided for as complete a restoration as possible of the French rights, usages, and customs before the Conquest, the clauses in the Ordinance with reference to Courts should hold good "only untill the seigniors, who have the right of holding civil courts of Justice in their several seigniories, shall establish Judges there, with the approbation of the Governor, Lieutenant Governor, or Commander in chief, for the time being." Minutes of Leg. Council, Vol. D., p. 9. Mr. Gugy, on similar grounds, raised the point "Whether it would not be proper, in order to conform with the antient customs and usuages of this province, that all matters which concern seigniors, as well as these between habitant and habitant, as between seignior and seignior, should be heard and determined sommarily, and without any charges, by the Governor, Lieutenant Governor, Chief Justice or some other person appointed for that purpose." Ibid., p. 10.

[57]

The Quebec Act coming into force May 1st, 1775, "all and every the Ordinance and Ordinances made by the Governor and Council of Quebec for the time being relative to the Civil Government and Administration of Justice in the said Province, and all Commissions to Judges and other Officers thereof, be, and the same are hereby revoked, annulled, and made void from and after the first day of May, one thousand seven hundred and seventy-five." (Clause 4). But as the invasion of the Province had prevented the Council from proceeding with the framing of new ordinances, the legal system had to be placed upon a provisional basis for the time being. See Carleton to Germain, Aug. 10th, 1776, Q 12, pp. 119, 124, 131.

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Cap. II.