not exceeding or under Ten Pounds Sterling, any Person having a Right of Action against another, shall prepare, or procure from the Clerk of the Court of Common Pleas, a Declaration ...

This Summons shall be signed by one of the Judges of the Court, and a Copy thereof, and of the Declaration, served on the Defendant Personally, or left at his Dwelling House, or Ordinary Place of Residence, with some grown Person there; and the Person serving the same shall inform the Defendant, or such grown Person, of the Contents thereof. If, at the Time mentioned in the Summons, the Defendant does not ap pear (Proof of the Service thereof being produced in Court) the Judges, or any one of Them shall hear the Cause on the part of the Plaintiff, and make such order, Decree, or Judgment, and award such reasonable Costs of Suit, as to them or him shall appear agreeable to Equity and good Conscience; but if the Defendant does not appear by himself, or his Agent, and the Plaintiff, or his Agent, does not appear, or appearing does not Prosecute, or prosecuting, fails in his Action, the Judge or Judges shall dismiss the Defendant with Costs. If the Plaintiff makes good his Charge against the Defendant, the Judge or Judges shall give Judgment accordingly, and award Costs and Execution, but the Execution shall not issue till the next Court Day after Judgment given: the Execution shall go against the moveables only of the Defendant, which shall be seized by some Person to be for that Purpose appointed by the Court, and sold by him in the manner mentioned in the Sixteenth Article of this Ordinance. But the Execution shall contain an Exception of the Party's Beasts of the Plough, Implements of Husbandry, Tools of his Trade, and one Bed and Bedding, unless his other Goods and Chattels should 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. The judge or judges, may, if they think proper, order the Debt to be levied by Installments, provided the Time allowed shall not exceed the Space of Three Months from the Day of issuing the Execution.

Art. 21. In Matters, as well above as of or under the Value of Ten Pounds Sterling, if the Defendant shall convey away or secrete his Effects, an Execution shall go against his Person, to be taken and detained in Prison until he satisfies the Judgment.

Art. 22. For the Satisfaction of all Judgments given in Commercial Matters between Merchants, as well as of all Debts due to Merchants for Goods, Wares, and Merchandizes, by them sold, Execution shall issue not only against the Goods, Chattels, Lands and Tenements of the Defendant, but also, in case they shall not produce the Amount of the Plaintiff's Demand, against his Person, to be taken and conveyed into the Prison of the District, and there detained until he pays the Amount of the Judgment, or otherwise settles with and satisfies the Plaintiff: Provided, that if the Defendant after remaining one Month in Prison, shall make Ap plication to the Court, and make an Affidavit that he is not worth Ten Pounds, the Plaintiff shall pay to the Defendant the Sum of Three Shillings and Six pence weekly for his Maintenance as long as he shall be detained in Prison at the Suit of the Plaintiff; such Payment shall be made in Advance on Monday in every Week, in Failure of which the Court from whence the Execution issued shall order the Defendant to be released: but the Plaintiff shall not be obliged to make such Payment if he can prove, to the Satisfaction of the Court by which the Defendant stands committed, that the Defendant has secreted or conveyed away his Effects to defraud his Creditors.

Art. 23. When any Ferson against whom Judgment shall be given in any of the Courts of Common Pleas shall not have sufficient Goods Chattels, Lands or Tenements, to satisfy such Judgment within the Jurisdiction of the Court wherein such Judgment shall have been obtained, but shall have Goods. Chattels, Lands or Tenements with the Jurisdiction of the other Court of Common Pleas it shall be lawful for the Judge or

Judges of the Court wherein Judgment shall have been obtained to award Execution to the Sheriff of the other District, who, after getting the Writ indorsed by one of the Judges of the Court for the District in which the Goods, Chattels, Lands, or Tenements are situated, shall execute the same, and make return thereof to the Court from which it issued; and such Writ and Return shall be by him sent to the Sheriff of the District from whence the Writ was originally awarded, to be delivered into the Court that issued the same.-The Sheriff executing such Writ shall be answerable for his Doings relative thereto before the Court from which it was originally awarded; and the Judges of the Court of Common Pleas for the one District may, in like manner, award Execution against the Body of a Person residing in the other in Cases where such Execution is by Law allowed; and the Sheriff executing the Writ to him in such case directed shall convey the Body of such Person into the Prison of the District wherein such Person shall be arrested.

Art. 24. This Ordinance, and the several Provisions and matters therein contained, shall remain in Force only during the Space of Two Years from the Publication thereof.

February 25, 1777.

GUY CARLETON.

XXXII

AN ORDINANCE FOR ESTABLISHING COURTS OF CRIMINAL JURISDICTION IN THE PROVINCE OF QUEBEC.

[Trans. Shortt and Doughty.]

March 4, 1777.

It is Ordained and Enacted by His Excellency the Captain General and Governor in Chief of this Province, by and with the advice and con sent of the Legislative Council of the Same, That,

ART. I.

There shall be, and hereby is erected, constituted and established for the Province at large, a Supreme Court of Criminal Justice and Jurisdiction, to be called and known by the name of the Court of King's Bench, for the Cognizance of all Pleas of the Crown, and for the Trial of all manner of Offences whatsoever; the said Court shall be held before the Chief Justice of the Province, or Commissioners that may be appointed for executing the Office of Chief Justice for the Time being, who shall hear and determine the said Pleas of the Crown, and of all manner of Offences whatsoever, according to the Laws of England, and the Ordinances of the Government and Legislative Council of the Province.

And for the Speedy Administration of Justice, and the preventing long Imprisonments, there shall be held in every Year, Four Sessions of the said Court of King's Bench, whereof Two Sessions shall be held at the City of Quebec, and the other Two at the City of Montreal, at the Times hereafter following, to wit, at the City of Quebec on the First Tuesday of May and the First Tuesday of November, and at the City of Montreal on the First Monday of March and the First Monday of September in every year: but nothing herein contained shall extend to prevent the Governor, Lieutenant Governor, or Commander in Chief for the Time being, to issue Commission of Oyer and Terminer and Gaol delivery at any other Time or Times, when he may think it necessary and expedient so to do.

ART. II.

In each of the Districts of Quebec and Montreal there shall be held and kept, Four Times in every Year, a Court of General Quarter Sessions of the Peace, by the Commissioners of the Peace of each respective District, or so many of them as are or shall be limited in the Commission of

the Peace, who shall hear and determine all matters relative to the Conservation of the Peace, and whatsoever is by them cognizable, according to the Laws of England, and the Ordinances of the Governor and Legislative Council of the Province.

The said Sessions for the District of Quebec, shall be held at the City of Quebec, and the said Sessions for the District of Montreal shall be held at the City of Montreal, on the days hereafter following, to wit, on the second Tuesdays of the Months of January, April, July, and October, in every year.

And Two of the said Commissioners of the Peace shall sit weekly in Rotation, in the Cities of Quebec and Montreal, for the better Regulation of the Police, and other matters and Things belonging to their Office; and the names of the Commissioners who are to sit in each Week shall be posted up on the door of the Sessions House, by the Clerk of the Peace, Two Days before their respective Sittings.

ART. III.

As the great extent of this Province may render it often impracticable for the Coroner of the District to give his Attendance at the different Places where it might be necessary, the Captains of Militia shall be and hereby are impowered, in their respective Parishes, when any marks of Violence appear on any dead Body, to summon together Six respectable Householders of his Parish, to inspect the same; and he shall according to their Opinion, report the manner and cause of such Death in writing, to the nearest Commissioner of the Peace, that a further examination may be made therein, if necessary.

ART. IV.

And as great Inconveniences might arise from the want of Peace Officers in different parts of the Province, the said Captains of Militia shall be and hereby are impowered to arrest any Person guilty of any Breach of the Peace, or any Criminal Offence, within their respective Parishes, and to convey or cause to be conveyed, such Person before the nearest Commissioner of the Peace, to be dealt with according to Law. (Signed) GUY CARLETON.

March 4, 1777.

XXXIII

THE COLONIAL TAX REPEAL ACT', 1778

(18 George III, C. 12.)

An Act for removing all doubts and apprehensions concerning taxation by the Parliament of Great Britain in any of the Colonies, Provinces, and Plantations in North America and the West Indies; and for repealing so much of an Act, made in the seventh year of the reign of his present Majesty, as imposes a duty on tea imported from Great Britain into any Colony or Plantation in America, or relates thereto.

Whereas taxation by the Parliament of Great Britain, for the purpose Preamble. of raising a revenue in his Majesty's Colonies, Provinces, and Plantations in North America, has been found by experience to occasion great uneasiness and disorders among his Majesty's faithful subject, who may nevertheless be disposed to acknowledge the justice of contributing to the common defence of the Empire, provided such contribution should be raised under the authority of the General Court, or General Assembly, of each respective Colony, Province, or Plantation: And whereas, in order as well to remove the said uneasiness, and to quiet the minds of his Majesty's subjects who may be disposed to return to their allegiance, as to restore

This Act is more particularly concerned with the American Colonies. It is included here because the title may include Canada, though it is obvious that it did not repeal No. XXVI.

No tax to be
hereafter im-
posed by the
King and

Parliament of
Great Britain

on any of the

Colonies in

North Ameri

ca or the West

Indies; except

etc.

So much of

the peace and welfare of all his Majesty's Dominions, it is expedient to declare that the King and Parliament of Great Britain will not impose any duty, tax, or assessment, for the purpose of raising a revenue in any of the Colonies, Provinces, or Plantations: May it please your Majesty that it may be declared and enacted, and it is hereby declared and enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act the King and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, payable in any of his Majesty's Colonies, Provinces, and Plantations in North America or the West Indies; except only such duties as it may be expedient to impose for the regulation of commerce; the net produce of such duties to be always paid and applied to and for the use of the Colony, Province, or Plantation, in which the same shall be respectively levied, in such manner as other duties collected by the authority of the respective General Courts, or General Assemblies, of such Colonies, Provinces, or Plantations, are ordinarily paid and applied.

II. And be it further enacted by the authority aforesaid, that from an Act, 7 Geo. and after the passing of this Act, so much of an Act made in the seventh III as imposes year of his present Majesty's reign, intituled “An Act for granting cera duty on tea tain duties in the British Colonies and Plantations in America; for allowimported from Great Britain ing a drawback of the duties of Customs upon the exportation from this into America kingdom of coffee and cocoanuts of the produce of the said Colonies or repealed.

Plantations; for discontinuing the drawbacks payable on China earthenware exported to America; and for more effectually preventing the clandestine running of goods in said Colonies or Plantations," as imposes a duty on tea imported from Great Britain into any Colony or Plantation in America, or has relation to the said duty, be, and the same is hereby repealed.

My Lord,

XXXIV

HALDIMAND TO GERMAIN1

[Trans. Shortt and Doughty.]

Quebec, 25th October, 1780.

As it is my Duty, it has been my Business to inform myself of the State of the Country & I coincide with the Majority of the Legislative Council in Considering the Canadians as the People of the Country, and think that in making Laws and Regulations for the Administration of these Laws, Regard is to be paid to the Sentiments and Manner of thinking of 60,000 rather than of 2,000-three fourths of whom are Traders & Cannot with propriety be Considered as Residents of the Province.-In this point of view the Quebec act, was both just and Politic, tho' unfortunately for the British Empire, it was enacted Ten Years too late-It requires but Little Penetration to Discover that had the System of Government Sollicited by the Old Subjects been adopted in Canada, this Colony would in 1775 have become one of the United States of America Whoever Considers the Number of Old Subjects who in that Year corresponded with and Joined the Rebels, of those who abandoned the defence of Quebec in virtue of Sir Guy Carleton's Proclamation in the fall of the same Year, & of the many others who are now the avowed well wishers of the Revolted Colonies, must feel this Truth however national or Religious Prejudices will not allow him to declare it.

Your Lordships Most Obedient & Most humble Servant,

(Signed) FRED HALDI MAND.

1 This letter throws contemporary light on the value of the Quebec Act. Lord

George Germain became Colonial Secretary in July, 1776.

XXXV

TREATY OF PARIS, 1783

[Trans.: Shortt and Doughty.]

DEFINITIVE TREATY of Peace and Friendship between His Britannic Majesty and the United States of America.-Signed at Paris, the 3rd of September, 1783.

In the Name of the Most Holy and Undivided Trinty.

It having pleased the Divine Providence to dispose the hearts of the Most Serene and most Potent Prince, George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore: and to establish such a beneficial and satisfactory intercourse between the 2 Countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual Peace and Harmony; and having for this desirable end already laid the foundation of Peace and reconciliation, by the Provisional Articles signed at Paris, on the 30th of November, 1782, by the Commissioners empowered on each part; which Articles were agreed to be inserted in, and to constitute, the Treaty of Peace proposed to be concluded between the、 Crown of Great Britain and the said United States, but which Treaty was not to be concluded until terms of Peace should be agreed upon be tween Great Britain and France, and His Britannic Majesty should be ready to conclude such Treaty accordingly; and the Treaty between Great Britain and France having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above-mentioned according to the tenor thereof, have constituted and appointed, that is to say:

His Britannic Majesty, on his part, David Hartley, Esq., Member of the Parliament of Great Britain; and the said United States, on their part, John Adams, Esq., late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, and Minister Plenipotentiary of the said United States to Their High Mightinesses the States General of the United Netherlands; Benjamin Franklin, Esq., late Delegate in Congress from the State of Pennsylvania, President of the Convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, Esq., late President of Congress and Chief Justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid; to be the Plenipotentiaries for the concluding and the signing the present Definitive Treaty: who, after having reciprocally communicated their respective Full Powers, have agreed upon and confirmed the following Articles:

Art. I. His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, Sovereign and Independent States; that he treats with them as such and for himself, his Heirs and Successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof.

II. And that all disputes which might arise in future on the subject of the Boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their Boundaries, viz., from the North-west Angle of Nova Scotia, viz., that Angle which is formed by a line drawn due North, from the source of the St. Croix River to the Highlands, along the said Highlands which divide those