€> ^r- v%^.%^ IMAGE EVALUATION TEST TARGET (MT-3) // A f/. 2a 1.0 I.I 2.5 ■-IIM |50 "^ '^ m if 1^ 12.0 11.25 ■ 1.4 18 1.6 <^ W^ dm ^ . '^S Photographic Sciences Corporation 23 WIST MAIN ^TKEIT WEBSTIER, NY. 14580 (716) 872-4503 m. :n>^ V \\ % V '."is ^' C^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n □ Coloured covers/ Couverture de couleur □ Covers damaged/ Coi >uverture endommagee nCov Cou D Covers restored and/or laminated/ verture restaur^e et/ou pellicul^e □ Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ ere de couleur (i.e. autre que bleue ou noire) □ Coloured plates and/or illustrations/ Plane iches et/ou illustrations en couleur Bcund with other material/ Relle avec d'autres documents Tight binding may cause shadows or distortior; along interior margin/ La reliure serree peut causer de I'ombre ou de la distortion le long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutdes lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas et§ filmdes. Additional comments:/ Commentaires suppl^mentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiquds ci-dessous. I I Coloured pages/ D Pages de couleur Pages damaged/ Pages endommagdes Pages restored and/oi Pages restaur6es et/ou pelliculees Pages discoloured, stained or foxe( Pages d6color6es, tachetdes ou piqu6 .s Pages detached/ Pages d^tachees Showthrough/ Transparence Quality of prir Qualite in^gale de I'impression includes supplementary materia Comprend du materiel supplementaire Only edition available/ Seule Edition disponible I I Pages damaged/ I I Pages restored and/or laminated/ I T^ Pages discoloured, stained or foxed/ I I Pages detached/ [""/] Showthrough/ I I Quality of print varies/ I I includes supplementary material/ I I Only edition available/ Pages wholly or partially obscured by errata slips, t'ssues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6X6 film^es i nouveau de facon A obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 26X 30X 12X 16X 20X 24X 28X 32X e Stalls s du lodifier r une Image The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and m keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^^> (meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. L'exemplaire filmd fut reproduit grfice d la g6n6rosit6 de: La bibliothdque des Archives publiques du Canada Les images suivantes ont dt6 reproduites avec le plus grand soin, compte tenu de la condition et He la nettetd de I'examplaire filmd, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimde sont film6s en commen^ant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont film6s en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE ", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour Stre reproduit en un seul clich6, il est film6 A partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. irrata to pelure, n d n 32X 1 2 3 1 2 3 4 5 6 EARLY RECORDS OF ONTARIO. EXTRACTS FROM THE RECORD OF THE COURT OF QUARTER SESSIONS FOR THE DISTRICT OF MECKLENBURGH, (AFTERWARDS THE MIDLAND DISTRICT). WITH INTRODUCTION AND NOTES BY PROFESSOR A. SHORTT. Introduction : — Immediately after the Conquest, Commission- ers or Justices of the Peace, among other officers of the law, were appointed in the Province of Quebec and various ordinances were passed by the provisional government. But the Quebec Act of 1774 entirely abolished at once the political and judicial system of the colony, and repealed "all and every ordinance and ord- inances 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." After the passing of the Quebec Act, therefore, the Governor and Council provided for by it began with a clean sheet, as far as the machinery for carrying on the government and adminis- tering justice were concerned. During the years 1775 and 1776 the very existence of the colony as a British possession being threatened, provision for its civil administration could not be thought of. But, with restored security in 1777, the Governor and Council began to pass laws in the shape of ordinances. The first one was very naturally " An Ordinance for establishing Courts of Civil Judicature in the Province of Quebec;" the second, "An Ordinance to regulate the proceedings in the Courts of Civil Judicature in the Province of Quebec," and the fifth, " An Ordinance for establishing Courts of Criminal Jurisdiction in the Province of Quebec." Commissioners or Justices of the Peace with summary powers both individually and collectively were again provided for. From time to time their powers and duties were enlarged until they covered quite a variety of subjects. Thus the Courts . of Quarter Sessions came to possess both legislative and e\o- ^ cutive functions in addition to being Courts of both civil and / ^ criminal jurisdiction. ^ II t" OF '^:'>' l'^^ :':rvJ^ mmm c i']'\ ^^) 52 QUEEN'S QUARTERLY. After the arrival and settlement of the U. E. Loyalists in the western portion of the Province, additional Justices of the peace were appointed for those localities, but without at first any pro- vision for Courts of Quarter Sessions or any other Courts. In all matters not permitted to be disposed of in a summary man- ner by one or more magistrates, recourse had to be had to the Courts at Montreal. Great inconvenience naturally resulted. This was only very partially remedied by the passing of an Ord- inance in 1785 "for granting a limited Civil Power and Jurisdiction to His Majesty's Justices of the Peace in the remote parts of this Province." The new comers had been long accustomed to British laws and institutions, as well as local self-government, in the colonies from which they had come. Naturally, therefore, they objected very strongly to the conditions under which they found themselves placed in Canada. Here they were subjected in the tenure of their lands, and in all civil matters to French- Canadian laws and customs, while, constitutionally at least, they were without any sanction for a system of local self government. Complaints, protests and petitions emanated from them through various channels. At length in April 1787 an ordinance was passed (27th Geo. HLc. iv.) continuing a previous ordinance with reference to the administration of justice with some ad- ditions, the most important being the following clause. "Whereas there are many thousands of loyalists and others settled in the upper countries above Montreal, and in the bays of Gaspe and Chaleurs below Quebec whose ease and convenience may require, that additional districts should be erected as soon as circum- stances will permit, it is enacted and ordained by the authority aforesaid, that it may be lawful for tlie 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 to His Majesty's subjects residing in the remote parts of the province.'.' Information of this intended additional relief was apparently conveyed to the magistrates of the new settlements by Sir John Johnson, who had a general supervision of the western territory, : : : •"• :*: .'. •*• * • .''". • : "•,: •.' ■ I • • • • » , . ' • • •' . • • • • I • •• • • . • • • Sd.fA'S EARLY RECORDS OF ONTARIO. 53 In a letter ' from the magistrates to Sir John Johnson, dated Cataraqui, (afterwards Kingston), 22nd Dec. 1787 the concession is gratefully acknowledged and further improvements suggested. "Your circular letter directed to the Magistrates of the new settlements, dated the 27th November, reached this place to-day, at a time when a memorial was preparing to be laid before His Excellency Lord Dorchester in Council respecting some matters deemed essential to the welfare of the settlements in this dis- trict, and we are happy to find that his Lordship's disposition to serve us has rendered such a step unnecessary; and it gives us an additional pleasure that we are required to transmit our sentiments on such an important subject to you Sir, of whose exertions to procure us every advantage our situation will admit of, we cannot entertain a doubt. The object that first presents itself as of the most import- ance is the tenure of the lands. The conditions on which they have been granted to the Loyalists in this province are so different from what they have been used to and so much more burdensome than those offered to our fellow sufferers in Nova Scotia and New Brunswick, that they are universally disagreeable. Nothing in our opinion would conduce so much to the prosperity of these settlements as the putting the grants of lands on the same footing they are on in the rest of British America. This would at once give the most universal satisfaction, enhance the value of all the other benefits that Government have bestowed on the settlers, and prove the most powerful spur to industry of all kinds. Next in order is the due execution of justice and the admin- istration of the laws. The power lodged at present in the hands of the magistrate is found by experience very inadequate to the regulation of a district so populous and extensive as this. Many causes must occur that they are not authorized to determine, and many crimes and trespasses have and probably will be committed, that it is not in their power to punish. The courts of the lower parts of the Province are so distant and the expense and trouble of attending them, and bringing the necessary witnesses so far from their homes, so great, that unless in cases of great import- I Contained in the Letter Book of the Hon. Richard Cartwright, grandfather of the present minister of Trade and Commerce. 54 QUEEN'S gUARTERLV. ance and enormity, offenders must always escape with impunity ; the ruinous consequences of which must be sufficiently obvious. To prevent these we would recommend the establishing at this place Courts of both Civil and Criminal Jurisdiction for the settlements in its vicinity ; so that all matters respecting either persons or property may be decided without any great delay or expense. And we think moreover that it will still be useful to the settlements that the Justices of the Peace retain the power they are invested with of deciding causes not exceeding the value of five pounds ; as the suing for such small sums at court must generally be attended with more expense than the first demands amount to, and the speedy decision of such causes is often of more consequences to the parties than the sum itself. That the proceedings of our courts be regulated as far as possible by the Laws of England is a matter much to be wished, but whatever system is adopted in this respect we conceive it would be highly useful to have it compiled into a regular form and printed. The election or appointment of proper officers in the several townships to see that the necessary roads be opened and kept in proper repair, we conceive would be of great utility, by facilitating the communication with all parts of the settlement. Humanity will not allow us to omit mentioning the necessity of appointing overseers of the poor, or the making of some kind of provision for persons of that description, who from age or accident may be rendered helpless. And we conceive it would be proper that the persons appointed to this charge as well as the road masters, should be directed to make regular reports of the state of their districts, to the courts, at their meetings, and be in all cases subject to their control." The document then goes on to deal with trade and other matters, but the portion here given throws considerable light on the working of the Court of Quarter Sessions about to be es- tablished. In accordance with the authority granted in the or- dinance 25th Geo. III. c. iv, already quoted. Lord Dorchester issued a proclamation dated 24th July 1788 dividing the new settlements to the west of the French limits above Montreal into four districts named Luneburg, Mecklenburg, Nassau and Hesse. The district of Mecklenburg is described as "extending with- tiARLY Rl-XORDS OF ONTARIO. 55 in the north and south bounds of our said province, from the western limits of the said district of Luneburg, [i.e. from the mouth of the Gananoque river] as far westerly as to a north and south line, intersecting the mouth of a river now called the Trent, discharging itself from the west into the head of the bay of Quinty, and therein comprehending the several towns or tracts called or known by the names of Pittsburg, Kingstown, Ernestown, Fredericksburg, Adolphustown, Marysburg, Sophias- burg, Ameliasburg, Sydney, Thurlow, Richmond and Camden." Under the same authority commissions were given for the establishing of a Court of Quarter Sessions in each district. In the district of Mecklenburg the court went into operation the following year. The more interesting and important portions of the record of this court are here published for the first time. As may be readily observed they throw much light on the beginnings of municipal government and to a certain extent of provincial government as well as on judicial administration. After giving a few samples of cases tried and sentences passed, the common run of cases disposed of is omitted, nine- tenths of them being cases of assault and battery. For the first few years the lists of the Grand Juries are given as indicating the more prominent settlers in the district at the time. The spelling of the names is given as in the record and will be found to vary somewhat. Wh^sre the name is uncertain, from the difficulty of making out the manuscript, a note of interrogation is placed after it. DISTRICTOF MECKLENBURG— TOWN OF KINGSTON. COURT OF QUARTER SESSIONS. TUESDAY, THE 14TH APRIL, 1789. Present : — Richard Cartwright, jr., Esq. Neil McLean, Esq. Richard Porter, Esq. Arch. McDonell, Esq. 56 QUEEN'S QUARTERLY. I. 2. 3. 4- 5- 6. Arthur Orser. John Ferris. Gilbert Orser. WKDNRSIUY, Tllli 15TH ArKII.. Present .-—The same Justices. Tlie King on the pro — of Joseph Desavier vs. Alexander McDonell, Jean Mignion, Michael Lemeur, Jean Chaudieau, In assault and batteiy. The Grand Jury delivered into court a true bill. The defendants being arraigned, Alex. McDonell, jean Mignion and Michael Lameur plead guilty. The Jury called and sworn were ^ : — George Galloway. 7. John Wartnian. 8. Barn'bs Day. 9. Robt. Graham. 10. Malcolm Knight. Peter Wartman. 11. George Murdoff. Solomon Orser. 12. Wm. Bell. Witnesses for the pro : — Wm. Whitehead, Francis Seuben. For the defendant : — The Jury having considered of their verdict, by their fore- man say that the defendant is not guilty. The Court having considered the verdict of the Jury — it is ordered that Jean Chaudion, defendant, is acquitted of the assult he is charged with. The court having ordered Alexander McDonell, Jean Mgi- nion, and Michael Lemeur to appear do consider that they shall pay a fine of ten shillings each. Grand jurors absent — Peter Vanalstine, Gilbert Sharp. Petit jurors absent — David Glyn. Charles Bennett, John Cascallon, '^ Wm. Smith. It appears to the court that the above named persons have been lawfully summoned and empanneled to serve at this general Court of Quarter Sessions, and have absented themselves with- out any just cause it is therefore considered that Peter Vanalstine and Gilbert Sharp do pay a fine of thirty shillings each, and that David Glyn, Chas. Bennett, John Cascallon and Wm. Smith do pay a fine of twenty shillings each. 1 Trial by jury was permitted in certain cases on the demand of either party by the ordinance 25th Geo. Ill c.2. This was continued by 29th Geo. Ill c. Ill which made special provisions for the new districts. In the English districts trial by jury was the rule. 2 Carscallen. EARLY RECORDS OE ONTARIO. 57 COURT OF QUARTER SESSIONS — TUESDAY, I4TH JULY, I789. Present : — Richard Cartwright, Neil McLean, James Clark, Michael Hagerman, Ehen'r Washburn, Rob't Clark, Esqs. The Sheriff returned the precept to him directed with panel annexed of jurors' names, constables, &c. The Grand Jury called and sworn will appear on said panel ; Samuel Brunson and Paul Trompour being duly called were absent. The court having considered that stallions running in com- mon are a nusiance, do order that no stallion more than 2 years old shall be allowed to run after the twentieth instant under a penalty of forty shillings to be paid by the owner, — one half of which will be allowed the informer. WEDNESDAY. The King on the pro — John Baker vs. Joseph Cunnaham in trespass and assault. The Grand Jury delivered into court a true bill. ' The defendant being arraigned pleaded not guilty. The jury without retiring, by their foreman Valentine Detlor say that the defendant is guilty of the trespass and assault where- of ho stands indicted. The court having considered of the verdict of the jury — it is ordered that the defendant shall receive thirty-nine lashes on his bare-back at the public whipping post of this town. COURT OF QUARTER SESSIONS. The Court met pursuant to adjournment of the i6th July last. MONDAY, I2TH OCTOBER. Present: — Richard Cartwright, Neil McLean, Esqs, A court of Oyer and Terminer ^ having been held for this district of M — on the 20th of Sept. last, at which all the business for this district was settled, — the justices having taken into con- sideration the great inconvenience that would arise to the good people of the district on being again called together at this time and the little necessity there was for calling them, as no business appears to require it, they therefore, declined issuing any precept to summon any jury to attend at this session. I Courts of Oyer and Terminsr were established for *he new districts at the same time as the courts of Quarter Sessions. Various regulations with reference to these courts are made in 2gth, Geo. III. c. III. ,56 queeKs quarterly. A compl.iint having been made by Elizabeth Vansickler against John Caiscallion, Alex. Chisholm and Alex. Clark of Fredricksburg for each of them detaining one of her children, and they having been duly summoned to appear at this session to show cause why the said children should not be delivered to their mother, and being duly called did not appear. The court having duly examined into this matter find that although the said children were bound by the church wardens * of Fredricksburg under the sanction of James Clark and George Singleton, Esqs., from humane and laudable motives, yet the business was not strictly legal and further that the considerations on the part of the said Jno. Caseallion, Alex. Clark and Alex. Chisholm were not sufHcient, they being under no obligation to give the said children any education or instruct them in any trade, and that the said binding was without the knowledge or concurrence of the father or mother of said children, ' they do therefore, order and adjudge that the said Alex. Chisholm, Alex. Clark and Jno. Caseallion, do each of them, forthwith, restore to the said Elizabeth Vansickler the child he has in his custody; — and further they order tliat the said Elizabeth Vansickler after receiving the said children do depart this district by the first con- venient opportunity, or at furthest by the 20th day of November next. This is indeed the ground on which she requests the restoration of her children ; and it does not appear that she has the necessary means of supporting them. ' The justices having ordered the Sheriff of this district of Mecklenburg to see that their order in favor of Elizabeth Van- sickler is duly executed, do adjourn this court until Tuesday, the I2th day of January next. 1 Here we have probably the first record of such local officers. As no mention is made of their appointment by the Magistrates but simply the sanction of their action, they were probab'y elected by the town of Fredricksburg. The neighbour- ing town of Adolphus has left a record of Town Meetings appointing town officers before any legislative authority sanctioned them. In the document quoted in the introduction the Magistrates refer to the need for such Town Officers. 2 It may be observed that both the action of the Wardens and the criticism of it by the Magistrates are based on English civil law and custom, which however, had no place as yet in Canada, 3 Klizabeth remained, however, as we find her soon after a witness for the de- fence of a vagabond named McCarty. ICARLY RICCORDS Of ONTARIO. COURT OF yUARTER SESSIONS. TUESDAY, I2TH JANUARY, I790. The Court met pursuant to adjournment of Monday, the 12th day of October last. Present :— Rich'd Cartwright, Neil McLean, Robt. Clark, Arch'd McDonell, Nich's Hagerman, Steph'n Gilbert, Esqs., Grand Jurors absent — John Cascallion, George Muiduff, sick. Petit Jurors absent— Wm. Keller, left the district, Asa Huff. The Court having considered the great abuses arising from the unlimited sale of spiritous Liquors by the Tavern Keepers in this district, tc all manner of persons and at irregular hours, they do therefore order and adjudge that the following condition shall be entered in the recognisances given hy Tavern Keepers previous to their obtaining a Licence. — Thar during the term of their said Licence they shall not entertain servants, or suffer Tradesmen or Labourers to abide in or '< i- to drink rud tipple at their '^ouse longer than one hour in the day ti\ne -. — nor sell any Spuuous Liquors after th? hours of niu', o clock at night in Winter, and ten o'clock in Summer. Asa Hough being duly summoned to appear as a petit juror at this Court of Quarter Sessions made default, the Court do therefore order that the said A. Hough shall pav a fine of Twenty shill's. The Court adjourn to the second Tuesday in the Month of April Next. {To be Contimied.)