extend from two to four Leagues in front and from three to five Leagues in Depth if situated upon a navigable River, otherwise to be run square or in such shape and in such Quantities as shall be convenient and prac ticable, and in each Seigneurie a Glebe to be reserved & laid out in the most convenient Spot, to contain not less than 300, nor more than 500 Acres; The Property of which Seigneuries or Fiefs shall be and remain vested in Us, Our Heirs & Successor, And you shall allot such Parts of the same as shall be applied for by any of Our said Loyal Subjects, NonCommissioned Officers and Private Men of Our Forces reduced as aforesaid, in the following Proportions, that is to say,

To every Master of a Family One Hundred Acres and fifty Acres for each Person of which his Family shall consist;

To every single Man fifty Acres;

To every Non-Commissioned Officer of Our Forces reduced in Quebec Two Hundred Acres;

To every private Man reduced as aforesaid One Hundred Acres,
And for every Person in their Families fifty Acres.

The said Lands to be held under Us, Our Heirs and Successors, Seigneurs of the Seigneurie or Fief in which the same shall be situated, apon the same Terms, Acknowledgements & Services as Lands are held in Our said Province under the respective Seigneurs holding and possessng Seigneuries or Fiefs therein, and reserving to Us, Our Heirs and Successors from and after the expiration of Ten Years from the admission of the respective Tenants a Quit Rent of one half penny per Acre.

41.... And whereas upon the raising and establishing the Corps late the 84th Regiment of Foot, We did promise and declare that the Officers and Privates of the said Corps should when reduced be intitled to and receive Grants for certain allotments of Lands in proportion to their respective Ranks therein, It is Our Will and Pleasure that you do in manner as herein before directed Grant Warrants of Allotment and Survey to such of the Officers and privates of the said late Eighty fourth Regiment of Foot now reduced, who shall be willing to settle and become Inhabitants of Our said Province of Quebec, and shall apply for the same for such Quantities of Land as they shall be respectively intitled to, In consequence of our said promise and declaration contained in Our Instructions to Our Governors of New York and North Carolina dated the 3d April 1775, that is to say,

and that the Surveys be made and Grants for the same delivered free of Expence as herein before directed, Provided nevertheless that every Commissioned and Non Commissioned Officer or private belonging to the said late 84th Regiment of Foot, who shall claim and apply for Land in Our Province of Quebec as aforesaid, shall declare upon Oath, that no Land has been obtained by him in any of our other Provinces in America under Our Royal declaration as aforesaid.

42....It is Our further Will and Pleasure, that every Person within the meaning of these Our Instructions upon making application for Land shall take the Oaths directed by Law before you or our Commander in Chief for the time being, or some person by you or him authorized for that purpose and shall also at the same time make and subscribe the following Declaration (Viz.) “I, A B, do promise and declare that I will maintain "and defend to the utmost of my power the authority of the King in His "Parliament, as the supreme Legislature of this Province," which Oaths and declaration shall also be taken, made, and subscribed by every Future Tenant before his, her, or their admission upon Alienation, Descent, Marriage or otherwise howsoever, and upon refusal the Lands to become revested in us Our Heirs and Successors; And it is our further Will and

Pleasure that the expence of laying out and surveying as well the Seigneuries or Fiefs aforesaid, as the several Allotments within the same and of the Deed of admission shall be paid by the Receiver General of Our Revenue in the said Province of Quebec; out of such Monies as shall be in his hands, upon a Certificate from you or Our Commander in Chief for the time being in Council, Oath being made by Our Surveyor General to the Account of such Expence; Provided however that only one half of the usual and accustomed Fees of Office shall be allowed to Our said Surveyor General or any other of Our Officers in the said Province entitled thereunto upon any Survey or Allotment made, or upon admission into any Lands by Virtue of these Our Instructions.

43....And whereas we have some time since purchased the Seigneurie of Sorel from the then Proprietors, the Lands of which are particularly well adapted for improvement and cultivation; and the local situation of the said Seigneurie makes it expedient that the same should be settled by as considerable a number of Inhabitants of approved Loyalty as can be accommodated therein, with all possible dispatch-It is therefore Our will and Pleasure, that you do cause all such Lands within the same as are undisposed of, to be run into small Allotments, and that you do allot the same to such of the Non-Commissioned Officers and private Men of Our Forces who may have been reduced in Our said Province, or to such other of Our Loyal Subjects as may be inclined to settle and improve the same, in such Proportions as you may judge most conducive to their Interest and the more speedy Settlement of Our said Seigneurie. The Lands so allotted to be held by Us, Our Heirs, and Successors, Seigneurs of Sorel, upon the same Conditions and under the same reserved Rent at the Expiration of ten years, as the other Tenants of Seigneuries now hold their Lands and pay to Us, and also of taking the Oaths and making and subscribing the Declaration as herein before is mentioned and directed; The Expence of making the said Allotments and of Admission thereunto be also paid and defrayed in like manner as those in the Seigneuries directed to be laid out by these Our Instructions. It is nevertheless Our Will and Pleasure that the Allotments to be made to such of Our Loyal Subjects from the Provinces or Colonies now the United States of America, as may be disposed to settle and improve Lands in Our said Province of Quebec, shall be limited to those only who may have withdrawn themselves from the said Provinces or Colonies after the signing of the definitive Treaty of Peace with the said United States, & no other.

And it is Our Will and Pleasure that a Record be kept in the Office of the Receiver General of Our Revenue of every Admission into Lands as well by Virtue of these Our Instructions with respect to Our Loving Subjects retiring from the Provinces & Colonies, now the United States of America, and to Our Forces disbanded as aforesaid, as in Cases of future Admission by Alienation or otherwise, A Docquet of which shall be transmitted yearly to Us, thro' one of Our principal Secretaries of State, & also a Duplicate thereof to Our High Treasurer or the Commissioners of Our Treasury for the time being.

Dear Sir

XLIII

FINLAY TO NEPEAN

[Trans.: Shortt and Doughty.]

Quebec, 13th february, 1787

Tho' we have been a month in Council we have not as yet debated on any one Ordinance: the Chief Justice has proposed three; they lie on the table. The draught of a Militia Law is now before a committee; that, and the regulation of the Courts of Justice are objects of the first moment.

A well establish'd Militia will secure the Province, and if the King's Ancient subjects (comprehending the Loyalists) can but have English Law' for the rule of decision of English causes, as laid down in his Majesty's 12th Instruction, they'll be contented and happy: but our Judges of the Common Pleas set their faces against the introduction of English law in all cases whatsoever; They say that they are warranted by the Quebec Act to declare and to uphold, that the intention of the King and Parliament was, that no Law but French Law should subsist in Canada, the English Criminal Law excepted.

Some people affect to call the King's Natural born subjects, new Canadians-He who chose, say they, to make Canada his place of residence lost the name of Englishman. The Old Canadians are those we conquer'd in 1760 and their descendants, the new Canadians are composed of emigrants from England, Scotland, Ireland, and the Colonies now the United States: by the Act of the 14th of his present Majesty they are converted into Canadians, and Canadians they must ever remain. This doctrine is pleasing to the Noblesse or gentry of the Country, who will not easily get rid of French prejudices; but to cherish a predilection for every thing that is french, is not, in my opinion, the most likely means to make Englishmen of the Canadians. It is held here by some of His Majesty's natural born subjects, that the natives of this Province ought, as much as is possible, to be kept unmixed and unconnected with the other Colonists, to serve as a strong barrier, between our Settlements and the United States, "Its inhabitants are numerous, and by Religion, Language, Laws & Customs "are the class of men the least likely to coalesce or unite with the neigh"bouring States of America."

Unless the Canadians can be brought to perceive that it is their intrest to be attached to Great Britain, they will lean towards that Government which they may erroneously have conceived best calculated to promote their welfare; we ought not to forget their_lukewarmness in 1775-the better sort of the people in general, and the Clergy, behaved well, but we had little or no assistance from the peasantry, and all this arose from the insinuations of the Colonists, touching the supposed intention of the King and Parliament in passing the Quebec bill: it seems at present the wish of those who prefer french Law, and french Customs, to inculcate, that if we introduce the English Commercial Law, the Estates and property of the Canadians will be annihilated, and this has had an effect, and has produced some applications to Lord Dorchester, praying him to prevent the introduction of English Law in any case. These applications were founded on

error.

Your ever obedient and most humble servant,

1 See Dorchester's Instructions (1786), Art. 12 (No. XLII). See No. XXV.

HUGH FINLAY.

XLIV

ORDINANCE RE PROCEEDINGS OF CIVIL COURTS,
30 APRIL, 1787

[Trans. Shortt and Doughty.]

An Ordinance to continue in Force for a limited Time an Ordinance made in the 25th Year of His Majesty's Reign, intituled, "An Ordinance to "regulate the Proceedings in the Courts of Civil Judicature,and to "Establish Trials by Juries' in Actions of a Commercial Nature, and "Personal Wrongs, to be compensated in Damages," with such additional Regulations as are expedient and necessary.

Be it Enacted and Ordained by His Excellency the Governor, and the Legislative Council, and by the Authority of the same, it is hereby Enacted and Ordained, That an Ordinance made and passed the Twenty fifth of April, in the Twenty fifth year of His Majesty's Reign, intituled, “An "Ordinance to regulate the Proceedings in the Courts of Civil Judicature, "and to establish Trials by Juries in Actions of a Commercial Nature, and "Personal Wrongs, to be compensated in Damages," and every Clause and Article therein contained, be continued, and the same is hereby continued from the expiration thereof to the end of the Sessions of the Legislative Council which will be held in the Year of our Lord 1789.

And whereas Additional Regulations are at this Time found to be expedient and useful; Be it further Enacted by the same Authority, That in every Instance where the Fact is not verified by a Verdict of the Jury, but by other Proof, or the Testimony of Witnesses, the same shall be inserted in the Record of the Cause, that in case of Appeal the whole proceedings may go up to be adjudged in the Superior Tribunal, as regularly and as fully as the same was before the Court of Common Pleas.

And wherever the Opinion or Judgment of the said Court of Common Pleas is pronounced upon any Law, Usage, or Custom of the Province, the same shall in like manner be stated upon the Minutes or Record of the Court, and referred to, and ascertained, that the real ground of the Opinion or Judgement may also appear to the Court of Appeals, and upon all Opinions conceived by any Party to be to his Injury, he shall be allowed his Exception, to be preserved in the Minutes; all which Proceedings shall be transmitted under the Signature of the Judges, or any Two of them, and the Seal of the Court, that all His Majesty's Subjects, and especially His Canadian Subjects, by these means may be protected in the Enjoyment of all the Benefits secured to them for their Property and Civil Rights, by the Statute passed 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," and by the Ordinances abovementioned.

And be it further Enacted by the Authority aforesaid, That in all Cases adjudged in the Provincial Court of Appeals, where the same may be appealed to His Majesty in His Privy Council, and where their Opinion or Judgment is pronounced on any Law, Custom or Usage of the Province, the same shall in like manner, and for the same Reason as hereinbefore mentioned, be stated upon the Record, or referred to and ascertained.

And, in all Causes of which the Common Pleas have Cognizance above Ten Pounds Sterling, the same shall be proceeded in, heard, and determined only in regular Terms, consisting of the First Fifteen Days (Sundays and Holidays excepted) in the Months of January and July, and the last Fifteen Days of March and September, Yearly, the First Return Days whereof shall always be the First Day of the Term, and the rest of the Return Days, and the General Rules of Practice, such as the respective Judges of the Common Pleas shall fix in a Formulary.

1 In 1785 provision for trial by jury in civil cases was introduced into "The ordinance regulating the Proceedings in Courts of Civil Judicature" (see Shortt and Doughty, p. 529). This Document expands the regulations.

And, to take away all Doubts and Scruples with respect to the Right of Appeal in any Cause before the said Courts of Common Pleas. Be it enacted and Declared by the same Authority, That the Court of Appeals shall be deemed and adjudged to have an Appellate Jurisdiction, with all the Power necessarily annexed to such Jurisdiction; and that it shall henceforth belong to the Provincial Court of Appeals to determine the Question when security shall be requisite, and the sufficiency thereof, and the Admission, Dismission, or Remission of Appeals, and the supply of the Defects of the Record and of the Effect of the Appeal as a Supersedeas of all or any Proceedings in the Lower Courts for the stay of Execution on the Judgment of the same, or any Process of the nature of Execution, with Authority also to make Rules and Orders, to regulate, effectuate and accelerate the Proceedings in all causes of Appeal, for the Advancement of Justice, and to prevent unnecessary Delays and Expence in the same.

And, where Appeals are brought by Executors, Administrators, Curators, Tutors or Guardians, the Plaintiff shall not have Execution, nor any Process in the nature of Execution, without such security first given as the Court of Common Pleas in their Discretion shall direct, to refund the Damages and Costs, in case the Judgment shall be reversed, together with such Costs as the Court of Appeals may award.

And, for the more convenient Dispensation of Justice in small Causes. It is enacted and Ordained by the same Authority, that it shall and may be iawful for his Excellency the Governor, or the Commander in Chief of the Province for the Time being, by and with the advice and consent of His Majesty's Council, to appoint by Commission such and so many Persons as he shall Judge fit, and for such Parts of the Province as he shall think proper, to hear summarily, and to determine finally, without Appeals, all Matters of Debt of Ten Pounds or under; and it shall likewise be lawful tor His Excellency the Governor, or the Commander in Chief for the Time being, by and with the Advice and Consent of His Majesty's Council, to regulate the Fees to be taken by the Persons so commissioned, and by their Subordinate Officers, and to direct a mode of proceeding for them, whereof, and the extent of their Jurisdiction respectively, a Notification shall be published in the Quebec Gazette, for the Information of all Persons whom it may concern.

Whereas there are many Thousands of Loyalists and others settled in the Upper Countries above Montreal, and in the Bays of Gaspy and Chaleur, below Quebec, whose ease and convenience may require that additional Districts should be erected as soon as Circumstances will Permit ;It is Enacted and Ordained by the Authority aforesaid, That it may be lawful for the Governor or Commander in Chief for the Time being, with the Advice and Consent of the Council, to form, by Patent, under the Seal of the Province, one or more new Districts, as his Discretion shall direct, and to give Commission to such Officer or Officers therein as may be necessary or conducive to the ease and convenience of His Majesty's Subjects residing in the remote Parts of the Province.

And be it further Enacted by the Authority aforesaid, That no Process of Attachment, except in the case of the Dernier Equippeur, according to the usage of the Country, shall hereafter be issued for Attaching the Estate, Debts and Effects of what Nature soever, of any Person or Persons whomsoever, whether in the Hands of the Owner, the Debtor, or a Third Ferson prior to Trial and Judgment, except where there be due Proof on Oath (to be indorsed on the Writ of Attachment) to the Satisfaction of one of the Judges of the Court issuing the same, that the Defendant, or Proprietor of the said Debts and Effects, is indebted to the Plaintiff in a Sum exceeding Ten Pounds, and is about to secrete the same, or doth abscond, or doth Suddenly intend to depart from the Province, with an Intent to Defraud his Creditor or Creditors, and that the Defendant is then indebted to the Plaintiff, and he doth verily believe that he shall lose his Debt, or sustain Damage, without the Benefit of such Attachment.

Provided always, That nothing herein contained shall be construed to the Prejudice of the Rights of Landlords, in their legal Course, fe