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not only amongst Our own Subjects, but also those of other Princes and States, and committing divers Irregularitys, they may very much dishonour Our Service; For preventing thereof You are to oblige the Commanders of all such Ships, to which you shall grant Commissions, to wear no other Colours than such as are described in an Order of Council of the seventh of January, 1730, in relation to Colours to be worn by all Ships and Vessels, except Our Ships of War.

69. And whereas there have been great Irregularitys in the manner of granting Commissions in the Plantations to private Ships of War, You are to govern yourself, whenever there shall be Occasion, according to the Commissions and Instructions granted in this Kingdom; But you are not to grant Commissions of Marque or Reprizal against any Prince or State, or their Subjects, in Amity with Us, to any Person whatsoever, without Our special Command.

70. Whereas We have been informed that, during time of War, Our Enemies have frequently got Intelligence of the State of Our Plantations by Letters from private Persons to their correspondents in Great Britain, taken on board Ships coming from the Plantations, which has been of dangerous Consequence; Our Will and Pleasure therefore is, that you signify to all Merchants, Planters and Others, that they be very cautious, in time of War, whenever that shall happen, in giving any Accounts by Letters of the public State and Condition of Our Province under your Government; And you are further to give Directions to all Masters of Ships, or other Persons to whom you may entrust your Letters, that they put such Letters into a Bag, with a sufficient weight to suit (?) the same immediately in Case of imminent danger from the Enemy; And you are also to let the Merchants and Planters know, how greatly it is for their Interests that their Letters should not fall into the Hands of the Enemy, and therefore they should give like Orders to Masters of Ships in relation and therefore that they should give like Orders to Masters of Ships in relation to their Letters; And you are to further advise all Masters of Ships, that they do sink all Letters, in case of dangers, in the Manner before mentioned.

71. And whereas, in Time of War, the Merchants and Planters in Our Plantations in America did correspond and trade with Our Enemies, and carry Intelligence to them, to the great Prejudice and Hazard of Our said Plantations; You are therefore by all possible Methods to endeavour to hinder such Trade and Correspondence in Time of War.

72. And You are to report to Us, by Our Commissioners for Trade and Plantations,—

What is the Nature of the Soil and Climate of the Province under your Government, If it differs in these Circumstances from Our other Northern Colonies, in what that Difference consists? And what beneficial Articles of Commerce the different Parts of it are capable of producing? What Rivers there are, and of what Extent and Convenience to the Planters?

What are the principal Harbours; how situated, and of what Extent; and what is the Depth of Water, and Nature of the Anchorage in each of them?

What Quantity of Land is now under actual Improvement and Settlement? What are the chief Articles of Produce and Culture; the annual Amount of the Quantity of each; and upon what Terms and Conditions the Inhabitants hold their Lands, either of Cultivation, Rent, or Personal Service?

What is the Quantity, Nature and Property of the Land uncultivated; how much of it is capable of Culture; and what part thereof is private Froperty?

What is the Number of Inhabitants, Whites and Blacks, distinguishing tach? What Number of the Former is capable of bearing Arms, and what Number of the Latter is annually necessary to be supply'd in proportion to the Land cultivated?

What was the Nature, Form and Constitution of the Civil Govern

ment; what Judicatures were there established, and under what Regulations did the French Inhabitants carry on their Commerce?

73. You are from time to time to send unto Us, by Our Commis sioners for Trade and Plantations, as aforesaid, an Account of the Increase and Decrease of the Inhabitants, Whites and Blacks, and also an Account of all Persons born, christened and buried.

74. Whereas, it is absolutely necessary, that We be exactly informed of the State of Defence of all Our Plantations in America, as well in relation to the Stores of War that are in each Plantation, as to the Forts and Fortifications there; and what more may be necessary to be built for the Defence and Security of the same; You are as soon as possible to prepare an Account thereof with relation to Our said Province in the most particular manner; And You are therein to express the present State of the Arms, Ammunition and other Stores of War, belonging to the said Province, either in public Magazines, or in the Hands of private Persons; together with the State of all Places, either already fortified, or that you judge necessary to be fortified for the Security of Our said Province; And you are to transmit the said Accounts to Our Commissioners for Trade and Plantations, as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance; Which Accounts are to express the Particulars of Ordnance, Carriages, Balls, Powder, and other Sorts of Arms and Ammunition in Our public Stores, and so from time to time of what shall be sent you, or bought with the public Money, and to specify the Time of the Disposal, and the Occasion thereof: And You are half yearly to transmit a general Account of the State of the Fortifications and Warlike Stores, specify'd in the manner above mentioned.

75. You are from time to time to give an Account, what strength your Neighbours have by Sea and Land, and of the Condition of their Plantations, and what Correspondence You keep with them.

76. And in case of any Distress of any other of Our Plantations, You shall, upon Application of the respective Governors thereof unto you, assist them with what Aid the Condition and Safety of Our Province under your Government can spare.

77. If anything shall happen, which may be of Advantage or Security to Our Province under your Government, which is not herein, or by your Commission provided for, We do hereby allow unto you, with the Advice and Consent of Our Council, to take Order for the present therein, giving unto Our Commissioners for Trade and Plantations speedy Notice thereof, in order to be laid before Us, that you may receive Our Ratification, if We shall approve the same provided always, that you do not, by Colour of any Power or Authority hereby given you, commence or declare War without Our Knowledge and particular Commands therein.

78. And whereas We have, by the second Article of these Our Instructions to you, directed and appointed that your chief Residence shal be at Quebec; you are nevertheless frequently to visit the other parts o your Government, in order to inspect the Management of all public Affairs and thereby the better to take Care, that the Government be so adminis tered, that no disorderly Practices may grow up contrary to Our Servic and the Welfare of Our Subjects.

79. And whereas great Prejudice may happen to Our Service, and the Security of the Province, by your Absence from those Parts, You ar not, upon any Pretence whatsoever, to come into Europe, without having first obtained Leave for so doing from Us under Our Sign Manual and Signet, or by Our Order in Our Privy Council; Yet nevertheless in cas of Sickness, You may go to South Carolina, or any other of Our Souther Plantations, and there stay for such Space as the Recovery of your Healt may absolutely require.

80. And whereas We have thought fit by Our Commission to direc that in case of your Death or Absence, and the Death or Absence of Ou Lieutenant Governors of Montreal and Trois Rivieres, and in case ther be at that time no Person within Our said Province, commissionated o appointed by Us to be Commander in Chief, that the Eldest Councillo

who shall be at the time of your Death or Absence, or at the Death or Absence of Our Lieutenant Governors, as aforesaid, residing within Our said Province under your Government, shall take upon him the Administration of Government, and execute Our said Commission and Instructions, and the several Powers and Authorities therein directed: It is nevertheless Our express Will and Pleasure, that in such case the said President shall forbear to pass any Act or Acts, but what are immediately necessary for the Peace and Welfare of the said Province, without Our particular Order for that Purpose; And that he shall not remove or suspend any of the Members of Our Council, nor any Judges, Justices of the Peace, or other Officers Civil or Military, without the Advice and Consent of at least seven of the Members of Our said Council, nor even then without good and sufficient Reasons for the same, which the said President is to transmit, signed by himself and the rest of Our said Council, to Our Commissioners for Trade and Plantations, by the first Opportunity in order to be laid before Us.

82. And You are upon all Occasions to send unto Our Commissioners for Trade and Plantations only, a particular Account of all your Proceedings, and of the Condition of Affairs within your Government, in order to be laid before Us; provided nevertheless, whenever any Occurences shall happen within your Government of such a Nature and Importance as may require Our Immediate Directions by One of Our principal Secretaries of State, and also upon all Occasions and in all Affairs wherein you may receive Our Orders by One of Our principal Secretaries of State, you shall all such Cases transmit to Our Secretary of State only an Account of all such Occurences, and of your Proceedings relative to such Orders:— G. R.

VI

ORDINANCE ESTABLISHING CIVIL COURTS, 17641

[Trans. Shortt and Doughty.]

An ORDINANCE, for regulating and establishing the Courts of Judicature, Justices of the Peace, Quarter-Sessions, Bailiffs, and other Matters relative to the Distribution of Justice in this Province. Whereas it is highly expedient and necessary, for the well governing of His Majesty's good Subjects of the Province of Quebec, and for the speedy and impartial Distribution of Justice among the same, that proper Courts of Judicature, with proper Powers and Authorities, and under proRegulations, should be established and appointed:

His Excellency the Governor, by and with the Advice, Consent and Assistance of His Majesty's Council, and by Virtue of the Power and Authority to him given by His Majesty's Letters Patent, under the Great Seal of Great-Britain, hath thought fit to Ordain and Declare; and his said Excellency, by and with the Advice, Consent and Assistance aforesaid, Doth hereby Ordain and Declare,

That a Superior Court of Judicature, or Court of King's Bench, be stablished in this Province, to sit and hold Terms in the Town of Quebec, wice in every Year, viz.: Óne to begin on the Twenty-first Day of Janury, called Hillary Term, the other on the Twenty-first Day of June, aled Trinity Term.

In this Court His Majesty's Chief-Justice presides, with Power and Authority to hear and determine all criminal and civil Causes, agreeable the Laws of England, and to the Ordinances of this Province; and from is Court an Appeal lies to the Governor and Council, where the Matter Contest is above the Value of Three Hundred Pounds Sterling; and rom the Governor and Council an Appeal lies to the King and Council,

This Ordinance was passed under the terms of the Proclamation of 1763 (No. and of the Instructions to Murray (No. V). It was amended in 1766 (see No. J.

where the Matter in Contest is of the Value of Five Hundred Pounds Sterling or upwards,

In all Tryals in this Court, all His Majesty's Subjects in this Colony to be admitted on Juries without Distinction.1

And His Majesty's Chief-Justice, once in every Year, to hold a Court of Assize, and General Goal-Delivery, soon after Hillary Term, at the Towns of Montreal and Trois-Rivières, for the more easy and convenient Distribution of Justice to His Majesty's Subjects in those distant Parts of the Province.

And whereas an inferior Court of Judicature, or Court of CommonPleas, is also thought necessary and convenient, It is further Ordained and Declared, by the Authority aforesaid, That an inferior Court of Judicature or Court of Common-Pleas, is hereby established, with Power and Authority, to determine all Property above the Value of Ten Pounds, with a Liberty of Appeal to either Party, to the Superior Court, or Court of King's Bench, where the Matter in Contest is of the Value of Twenty Pounds and upwards.

All Tryals in this Court to be by Juries, if demanded by either Party; and this Court to sit and hold two Terms in every Year at the Town of Quebec, at the same Time with the Superior Court, or Court of King's Bench. Where the Matter in Contest in this Court is above the Value of Three Hundred Pounds Sterling, either Party may (if they shall think proper) appeal to the Governor and Council immediately, and from the Governor and Council an Appeal lies to the King and Council, where the Matter in Contest is of the Value of Five Hundred Pounds sterling or upwards.

The Judges in this Court are to determine agreeable to Equity, having Regard nevertheless to the Laws of England, as far as the Circumstances and present Situation of Things will admit, until such Time as proper Ordinances for the Information of the People can be established by the Governor and Council, agreeable to the Laws of England.

The French Laws and Customs to be allowed and admitted in all Causes in this Court, between the Natives of this Province, where the Cause of Action arose before the first Day of October, One Thousand Seven Hundred and Sixty-Four.

The first Process of this Court to be an Attachment against the Body. An Execution to go against the Body, Lands or Goods of the Defendant.

Canadian Advocats, Procters, &c., may practise in this Court.

And whereas it is thought highly necessary for the Ease, Convenience and Happiness of all His Majesty's loving Subjects, That Justices of the Feace should be appointed for the respective Districts of this Province with Power of determining Property of small Value in a summary way It is therefore further Ordained and Declared, by the Authority afore said, and full Power is hereby Given and Granted to any one of Hi Majesty's Justices of the Peace, within their respective Districts, to hea and finally determine in all Causes or Matters of Property, not exceeding the Sum of Five Pounds current Money of Quebec, and to any two Jus tices of the Peace, within their respective Districts, to hear and finall determine in all Causes or Matters of Property, not exceeding the Sum o Ten Pounds said Currency, which Decisions being within, and not exceed ing the aforesaid Limitation, shall not be liable to an Appeal; and als full Power is, by the Authority aforesaid, Given and Granted, to any thre of said Justices of the Peace to be a Quorum, with Power of holdin Quarter-Sessions in their respective Districts every three Months, an also to hear and determine all Causes and Matters of Property which sha be above the Sum of Ten Pounds, and not exceeding Thirty Pounds cu rent Money of Quebec, with Liberty of Appeal to either Party to th

1 Murray explained this clause to the British Government. He desired “all su jects" to be eligible for jury-service, because (a) he did not consider it just to confir such service to the minority of English-speaking subjects in Canada, and (b) becau he considered that if he did so many Canadians would emigrate. (See No. VII.)

Superior Court, or Court of King's-Bench: And it is hereby Ordered, That the aforesaid Justices of the Peace do issue their Warrants, directed to the Captains and other Officers of the Militia in this Province, to be by them executed, until the Provost-Marshal, legally authorised by His Majesty, shall arrive, and other inferior Officers be appointed for that Purpose; all Officers, Civil and Military, or other His Majesty's loving Subjects, are hereby commanded and required to be aiding and assisting to the said Justices and Officers of Militia in the due Execution of their Duty. And it is further Ordered and Directed, by the Authority aforesaid, That two of the said Justices of the Peace do sit weekly in Rotation, for the better Regulation of the Police, and other Matters and things in the Towns of Quebec and Montreal, and that the Names of the Justices who are to sit in each Week, be posted up on the Door of the SessionHouse by the Clerk of the Peace, two Days before their respective Days of Sitting, that all Persons may know to whom to apply for Redress.

And whereas there are not at present a sufficient Number of Protestant Subjects, resident in the intended District of Trois-Rivieres, qualified to be Justices of the Peace, and to hold Quarter-Sessions, It is therefore further Ordained and Declared, by the Authority aforesaid, That from henceforth this Province shall be divided into two Districts, to be known and called by the Names of Quebec and Montreal, for the Time being, and until there may be a competent Number of Persons, settled at or near Trois-Rivieres, duly qualified to execute the Office of Justices of the Peace, and the Power of holding such Quarter-Sessions above-mentioned, or until His Majesty's Pleasure be known in that Behalf; and that the said two Districts be divided and bounded by the River Godfroy on the South, and the River St. Maurice on the North Side.

And whereas it is thought very expedient and necessary, for the speedy and due Execution of the Laws, and for the Ease and Safety of His Majesty's Subjects, That a sufficient Number of inferior Officers should be appointed in every Parish throughtout this Province; It is theretore Ordered, by the Authority aforesaid, That the Majority of the Householders, in each and every Parish, do, on the Twenty-fourth Day of June, in every Year, elect and return to the Deputy-Secretary, within fourteen Days after such Election, six good and sufficient Men to serve as Bailiffs and Sub-Bailiffs in each Parish, out of which Number the King's Governor, or Commander in Chief for the Time being, with the Consent of the Council, is to nominate and appoint the Persons who are to act as Bailiffs and Sub-Bailiffs in each Parish; and such Nomination or Appointment is to notified by the Deputy-Secretary to the respective Parishes and also published in the QUEBEC-GAZETTE, some Time in the last Week in August in every Year; and the said Bailiffs and Sub-Bailiffs, so nominated as aforesaid, are to enter upon, and begin to execute their respective Offices on the Twenty-ninth Day of September in every Year.

No Person to be elected a second Time to the same Office, except the whole Parish has served round, or that those who have not, are laid aside for some material Objection, which must be supported by Proof: But that there may never be an entire Set of new Officers at one Time, but that those who remain may be able to instruct those who enter into Office, one of those Persons who served as Sub-Bailiffs in each Parish, to be elected and nominated Bailiffs of said Parish the ensuing Year.

If a Bailiff dies in his Office, the Governor, or Commander in Chief, will nominate one of those returned by said Parish to serve as Sub-Bailiffs for the Remainder of the Year; and when a Sub-Bailiff happens to die in Office, the Bailiffs shall assemble the Parish upon the next publick Feast Day insuing his Decease, who shall proceed to elect and return, as aforesaid, another Sub-Bailiff.

The Election of Bailiffs and Sub-Bailiffs for this present Year, to be on the Twentieth Day of October; their Names to be returned immediately after the Election: Their Nomination will be notified and Published by the Deputy-Secretary as soon as may be, and they shall enter upon, and begin to execute their respective Offices, on the first Day of December, but all

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