IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 _L8 12.6 US ^ tis. 12.0 FhotogFaphic Sciences Corporation ¥^ 50^ \ \ \ ^. 23 WIST MAM STRHT WIBSTIR,N.Y. 14SM (716)t72-4S03 ^1^^ ^P> ^ ^ O^ A signifie "A SUIVRE", le symbols y signitie "FIN". Les certes, planches, tableaux, etc., peuvent Atre flimte A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seui ciichA, il est filmA A partir de i'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 32X 1 2 3 4 5 6 I ■IS' X PAPERS ;^; RELATITB TO fH PROVINCE OP QUEBEC ^f 'l^rdereSto he printed iifi Afril 2;f9t« ^«i .1 •a :#li .1.*/| iTJ fi ^ \ Vt....i. M ,c ,.-.J - i' #" :# ■'*: /!» AA ♦A I ^e' '» jT'' «f ^1 wv L'»Wf|*' ■ fAAf ( 3 ) ./• # \\ N» r. COPT of the Articles of CapItuUtioa of Quebec^ J 8th September^ 1759. ,.«i'ft* X.a Capitulation demandee d'autre Fart a ete accordee par Ton Ex- cellence General Townlhend, Bri- ^gadier des Armces de Sa Majefte !idrltaanique en Araerique, de la Maoiere et aux Conwdons cx- ^rinices jcy-deflbus : ' Lsi Grarm£» de la Ville, compofee ' fdes Troupes de Terre, de Marine, -ct Matelots, fortiront de la Ville .avec Armes ct Bagages, Tambour ibattant, Meche allumee, avec Deux Pieces de Canon de France, Douze ■Coups a tirer pour chaque Piece, et fera embarquc le pluscommodement poflible pour etre mife en France au premier Port. 2. Aocordc, en mcttant :les Armes llbas. Articles de Capitulation demandes par M' de Ramzay, Lieutenant pour le Roy, Commandant les Hautes et Baffes Villes de Quebeq Chevalier de I'Ordre Royal et Mi- litaire de St. Louis, ^ fon Excel- lence Monlieur le General des Troupes de Sa Majefte Britan- nique: Article Premier. "M' de Ramzay demande les Hon- neurs de la Guerre pour fa Garnifon, et qu'elle foitramence a I'Armce en Suretc, park Chemin le plus court, avec Armes, Bagages, Six Pieces de .Canons de Fonte, Deux Mortiers ou Obufiers, et Douze Coups a tirer par Piece. Article 2. Que les Habitans foient confervcs dans la Pofieffion de leurs Maifons, Biens, EfFet^ ct Privileges. Article j. Que les dits Habitans ne pourront etre recherches pour avoir porte les Armes a la Defenfe de la Villq, attendu qil'ils y ont ete forces, et que les Habitans des Colonies des DeuxCouronnes y fervent egalement ;Comme Milices, .^■*.%- - I ■' ^ .4. AcGordc ( 4 ) Accordc. Accorde. 6. Libre Excrcife de la Religion Ro- maine, Sauvcs-gardes . accordees k routes Perfonnes Religieuies, ainfl qu'a M. TEveque, qui pourra venir exercer librcment et avcc Decence les Fon£):ions de Ton £dt, lorfqu'il lejugera apropos, iufqu'a ce que la Poflcfllon du Canada aye t-ete deci- dce entre Sa Majefte fi. et S. M. T.C. Accorde. a. Accorde. Accorde. 1^. Article 4. Qu'il ne fera pas touche aux Et- fets des Ofiiciers et Habitans abfens. Article ^. Que les dits Habitans ne ieront {loint transferes, ni tenus de quitter eurs Maifons, jufqu'^ ce qu'un Traite Definitif entre S. M. T. C. et S. M. B. aye regie leur Etat. Article 6. Que l*£xercife -de la Kdigion Ca- tholique, Apoftolique, etRomaine fe- ra confervc, que Ton donnera des Sauve-gardes auxMaifons des £ccl£- fiaftiques Religieux et Relisieuies, particulierement i. M*\ I'Ev^ue de Quebec, qui, rempli de Zdle pour la Religion, et de Charite pour le Peuple de Ton Diocefe, defire y refter con- ftamment, exercer libremenc et avec la Decence que fon Et&t et la facr^s Myftdres de la Religion Catholiquc^ Apoftolioue, et Romaine exigent. Ton Authorite Epifcopale dans la Ville de Quebec, lorfqu'il jugera ipropoi, jufqirk ce que la Pofleflion du Ca^ nada ait etc decid^e par un Trait£ entre S. M. T. C. et S^ M. B. Article 7. Que rArtillerie et les Munitions de Guerre' Ieront reniifes de bonne Foy, et qu'il en fera drefle un In^ ventaire. Article 8. Qu'il en fera uftEpour les Malades, BlelKs, Commiflaire^, .Aumoniers, Medecins, Chirurgiens, Apoticaire^ et autres Perfonnes employes au Ser- vvice des Hopitaux, conformement iiu Traite d'Echange du 6 Fevrier, 1759, convenu entre leurs^M. T.C. i«tB. Article 9.' Qu'avant de livrer la Porte et I'En- tr^e de la Ville aux Troupes An- gloifes, leur General voudra bien xemettce quelques Soldats pour etre ( s ) 10. M ■ ..-■ v.ii r ' mis en Sauvegardcs aux Eglifes, Couvents, et principales Habiu- tions. Article la Accorde. Qu'ilfera permisau Lieutenant du , Roy, commandant dans la Ville dc Quebec, d'cnvoyer informer M'. Ic ' Marquis de Vaudreuil, Gouverneur General, de la Reddition de la Place, " comme auffi que ce General pourra - f . ecrire au Miniftre de France pour Ten informer. II, Article ii. Accordc. Qyc ^* prcfente Capitulation fera executec fuivant fa Forme etTeneur, fans qu'elle puiffe etrc fujette I In- execution fous Pretexte de Repre- faiUesoud'une Inexecutiondc quelquc Capitulation prccedente. Le prefent Traitc a etc fait ct arretc double, entrc nous, au Camp dc- * |vant Quebec, cc i8 Septcmbre, 1759. CHAS. SAUNDERS, GEO. TOWNS HE ND, DE RAM Z AY. N» 2. TRANSLATION of the Articles of Capituladon of Ci^ebcc, 1 8th September, 1759. M. Article i". DE RAMSAY demands the Honours of War for his Garrifon, and th&t it (hall be conduced back to the Army m Safety by the fhorteft Road, with their Arms, Baggage, Six Pieces of Brafs Cannon, Two Mortars or Howitzers, and Twelve Rounds. — The Garrifon of the Town, compofed of Land Forces, Marines, and Sailors, Ihall march out with their Arms and Baggage, Drums beating, lighted Matches, with Two Pieces of Cannon," and Twelve Rounds, and fhall be embarked as conveniendy as poffibk, in order to be landed at the firft Port in France. B i\ That .> f^^ t 6 ) d'. That the Irihabitants fh«U be maintained in the PofleflTion of their Houfes, Goods, EflFc6ts, and Privileges.— Granted, provided uiey lay down their Arms. 3*. That the faid Inhabitants (hall not be molefted on Account of their having borne Arms for the Defence of the Town, as they were forced to it, and as it is cudomary for the Inhabitants of the Colonies of both Crowns to ferve as Militia,— Granted. 4'\ That the Effedls belonging to the abfent Officers or Inhabitants fhall not be touched.— Granted. 5'\ That the faid Inhabitants Ihall not be removed, nor obliged to quit their Houfes, until their Conditions (hall be fettled by a Definitive Treaty between their Moft Chriftian and Britannic Majeftics.— Granted. 6'\ Tltat the Exercife of the Catholic, Apoftolic, and Roman Reli- gion (hall b« preferved, and that Safe-guards (hall be granted to the Houfes of the Clergy, and to the Monafteries, particularly to the Bi(hop of Quebec, who, animated with Zeal for Religion, and Charity for the PeopTe of his Diocele, defires to refide conftantly in it, to exercife freely, and with that Decency which his Charader, and the facred Myfteries of the Catholic, Apoftolic, and Roman Religion require, his Epilcopal Authority in the Town of Quebec, whenever he (hall think it piK>per, until the Po(re(non of Canada (hall have been decided by a Treaty between their Moft Chriftian and Britannic Majefties. — The free Exercife of the Roman Religion, Safe-guards granted to all Religious Perfons, as well as to the Bifhop, who (hall be at Liberty to come and exercife freely and with Decency the Funftions of his Office whenever he (hall think proper, until the PoflTelTion of Canada (hall have been decided between their Britannic and Moft Chriftian Majefties. 7"". That the Artillery and Warlike Stores (hall be delivered up bona fide, and an Inventory taken thereof. — Granted. 8'\ That the Sick, Wounded, CommiflTaries, Chaplains, Phyficians, Surgeons, Apothecaries, and other Perfons employed in the Hofpitals, (hull be treated agreeable to the Cartel fettled between their Moft Chriftian and Britannic Majefties on February 6th, 1759.— Granted. «th 9 ■■. That befoie delivering up the Gate, and the Entrance of the Town to the Englilh Forces, their General will be pleafed to fend (bme Soldiers to be placed as Safe-guards at the Churches, Convents, and Chief Habitations. — Granted. 10 th That the Commander of the City of Quebec (hall be permitted to fend Advice to the Marquis de Vaudreil, Governor General, of the Reduftion of the Town 5 as alfo that this General (hall be allowed to write to the French Miniltry to inform them thereof. — Granted. ■ th II'". That the prefent Capitulation (hall be executed according to its Form and Tenor, without being liable to Non-execution under Pretence of Reprifals, or the Non-execution of any preceding Capitulation.— Granted. TJie ( 7 ) f their icy lay if their rccd to if both The prefcnt Treaty has been made and fettled between us, and Duplicatei tigned at the Cannp before Quebec, Sept. 18, 1759. C. SAUNDERS. G. TOWNSHEND. DE RAMZAY. ibitanci to quit Treaty n Reli- to the : Bilhop for the fe freely, /lyfteries !!,piicopal proper, between e of the as well reely and Ic proper, leen their up bona rficians, ofpitals, ChrifUan of the to fend Convents. (jrmitted neral, of allowed i. ng to its Pretence ilation.— The H N» 3. , COPY of the Fourth Article of the Definitive Treaty, concluded at Paris the lOth of February 1763. I S Moft Chrtftian Majefty renounces all Pretenfions which he has heretofore formed, or might form, to Nova Scotia, or Acadia, in all its Parts, and guarantees the Whole of it, and with all its Dependencies, to the King of Great Britain : Moreover his Moft Chriftian Majedy cedes and guarantees to His faid Britannic Majefly, in full Right, Canada, with all its Dependencies, as well as the Ifland ot Cape Breton, and all the other Idands and Coafts in the Giilph and River St. Lawrence, and in general every Thing that depends on the faid Countries, Lands, Iflands, and Coafts, wid\ the Sovereignty, Property, Poflefllon, and all Rights, ac- quired by Treaty or otherwise, which the Moft Chriftian King and the Crown of France have had till now over the faid Countries, Iflands, Lands, Places, Coafts, and their Inhabitants, fo that the Moft Cliriftian King cedes and makes over the Whole to the faid King, and to the Crown of Great Britain, and that in the moft ample Manner and Form, witliw out Reftriflion, and without any Liberty to depart from the faid CeflTion and Guaranty, under any Pretence, or to difturb Great Britain in the PoflefTion above-mentioned. His Britannic M^efty, on His Side, agrees to grant the Liberty of the Catholic Religion to the Inhabitants of Canada: He will, confequcntly, give the moft precife and moft effectual Orders, that His new Roman Catholic Subjefts may profefs the Worfliip of their Religion, according to the Rights of the Romilh Church, as far as the Laws of Great Britain permit. His Britannic Majefty further agrees, that the French Inhabitants, or others, who had been Subjefts of the Moft Chriftian King in Canada, may retire, with all Safety and Freedom, wherever they fliall think pro- per, and may fell their Eftatcs, provided it be to Subjefts ofHis Britannic Majefty, and bring away their EfFcfts, as well as their Perfons, without being reftrained in their Emigration, under any Pretence whatfoever, ex- cept that of Debts, or of Criminal Profecutions : The Term limited for this Emigration Ihall be fixed to the Space of Eighteen Months, to be computed from the Day of the Exchange of the Ratifications of the prefent Treaty. ( 8 ) (COPY.) i ROYAL PROCLAMATION, Oftobcr 7 th 1763. By the KING. A Proclamation. G E O R G E R. \\^ H E R E A S Wc have taken into Our Royal Confideration tlir extcnfivc and valuable Acquifitions in America, fecured to Our Crown by the late Definitive Treaty of Peace, concluded at Paris the 10th Day of February laft j and being defiroui that all Our loving Subjids, as well of Our Kingdoms as of Our Colonies in America, may avail tl)eni> felves, with all convenient Speed, of the great Benefits and Advantages which mud accrue therefrom to their Commerce, Manufactures, and Navi- gation, Wc have thought fit, with the Advice of Our Privy Council, to ifliic this Our Royal Proclamation, hereby to publifh and declare to all Our loving Subjefts, that We hove, with the Advice of Our faid Privy Council, granted Our Letters Patent, under Our Great Seal of Great Britain, to ered, within the Countries and Iflands ceded and confirmed to Us by the faid Treaty, Four diftinA and feparate Governments, ftyled and called by the Names of Quebec, Eaft Florida, Weft Florida, and Grenada, and limited and bounded as follows ; viz. Firft. The Government of Quebec, bounded on the Labrador Coaft by the River St. John, and from thence by a Line drawn from the Head of tliat River, through the Lake St. John, to the South End of the Lake NipifTim ; from whence the faid Line, crofiing the River St. I.awrence, and the Lake Champlain, in 45 Degrees of North Latitude, pafles along the High Lands which divide the Rivers that empty themfelves into the faid River St. Lawrence from thofe which fall into the Sea; and alfo along the North Coaft of the Baye des Chaleurs, and the Coaft of the Gulph of St. Lawrence to Cape Rofieres, and from thence crofllng the Mouth of the River St. Lawrence, by the Weft End of the Ifland of Anticofti, ter- minates at the aforefaid River of St. John. Secondly. The Government of Eaft Florida, bounded to the Weftward by the Gulph of Mexico and the Apalachicola River j to the Northwaid by a Line drawn from that Part of the faid River where the Chatahouchee and Flint Rivers meet, to the Source of St. Mary's River, and by the Courfe of the faid River to the Atlantic Ocean ; and to the Eaftward and Southward by the Atlantic Ocean and the Gulph of Florida, including all Iflands within Six Leagues of the Sea Coaft. Thirdly. The Government of Weft Florida, bounded to the South- ward by the Gulph of Mexico, including all Iflands within Six Leagues of the Coaft, from the River Apalachicola to Lake Pontchartrain ; to the Weftward by the faid Lake, the Lake Maurepas, and the River MilTifippi j to the Northward by a Line drawn due Eaft from that Part of the River , - . .:;/ .^ Miffifippi ( 9 ) 'V., the Our i tlK iJL'ttS, hcin- itages Navi- cil, w to all Privy Great [Tied to [cd and rcnada, [oaft by rlead of e Lake .wrcnce, bs along into the Ifo along julph of ;outh of jofti, tcr- feftward )rthwaid ihouchee by the ^ard and ^uding all South- 'II leagues to of the tflifippi i the River iMiflifippi Mifllfippi which Iie« in ji Degrees North Latitude, to the River Apala- clucola or Chatahouchee j and to the Eaftward by the faid River. Fourthly. The Government of Grenada, comprehending the Ifland of that Name, together with the Grenadines, and the Iflands of Dominico, St. Vincent's, and Tobago. And to the End that the open and free Fiflicry of Our Subjefts may be extended to and carried on upon the Coaft of Labrador, and the adjacent inands, "We have thought fit, with the Advice of Our faid Privy Council, to put all that Coaft, from the River St. John's to Hudfon's Streights, together with the Iflands of Anticofti and Mudelaine, and all other Imallcr Iflands lying upon the faid Coaft, under the Care and Infpcdion of Our Governor of Newfoundland. We have alfo, with the Advice of Our Privy Council, thought fit to annex the Iflands of St. John's and Cape Breton, or Ifle Royale, with the Icflcr Iflands adjacent thereto, to Our Government of Nova Scotia. We have alfo, with the Advice of Our Privy Council aforcfaid, annexed to Our Province of Georgia all the Lands lying between the Rivers Alata- maha and St. Mary's. And whereas it will greatly contribute to the fpeedy fettling Our faid new Governments, that Our loving Subjefts fliould be informed of Our Paternal Care for the Security of the Liberties and Properties of thofc who are and fliall become Inhabitants thereof. We have . thought fit to publifli and declare, by this Our Proclamation, that We . have, in the Letters Patent under Our Great Seal of Great Britain, by which the faid Governments are conftituted, given exprefs Power and Di- reAk>n to Our Governors of Our faid Colonies rcfpcdtively, that fo loon as the State and Circumftances of the faid Colonies will adnrut thereof, they fliall, with the Advice and Confent of the Members of Our Council, fummon and call General Afleniblies within the faid Governments refpec- tively, in fuch Manner and Form as is ufed and directed in thofe Colonies and Provinces in America which are under Our immediate Government; and We have alfo given Power to the faid Governors, with the Confent of Our faid Councils, and the Reprefentativcs of the People fo to be fum- moned as aforefaid, to make, conftitute, and ordain Laws, Statutes, and Or- dinances for the Public Peace, Welfare, and good Government of Our faid Colonics, and of the People and Inhabitants thereof as near as may be agreeable to the Laws or England, and under fuch Regulations and Re- ftriftions as arc ufed in other Colonies ; and in the mean Time, and until fuch Afiemblies can be called as aforefaid, all Perfons inhabiting in or rc- forting to Our faid Colonies may confide in Our Royal Proteftion for the Enjovment of the Benefit of the Laws of Our Realm of England ; for which Purpofc We have given Power under Our Great Seal to the Go- vernors of Our faid Colonies refpeftively to credt and conftitute, with the Advice of Our faid Councils refpeftively. Courts of Judicature and public Juftice within Our faid Colonies, for hearing and determining all Caufes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Perfons who may think themfelves aggrieved by the Sentences of fuch Courts, in all Civil Cafes, to appeal, under the ufual Limitations and Reftriftions, to Us in Our Privy Council. ■ «■ , . VTc ( 10 ) We have alfo fhought fit, with the Advice of Our Privy Council as arorefaid, to give unto the Governors and Councils of Our faid Thrco new Colonies upon the Continent full Power and Authority to fettle and agree with the Inhabitants of Our faid new Colonies or with any other Perfons . who fliall refort thereto, for fuch Lands, Tenements, and Hereditaments as are now or hereafter fliall be in Our Power to difpofe of i and them to grant to any fuch Perfon or Perfons, upon fuch Terms, and under fuch moderate Quit Rents, Services, and Acknowledgments, as have been ap- pointed and fettled in Our other Colonies, and under fuch other Conditions as fhall appear to Us to be neceffary and expedient for the Advantage of the Grantees, and the Improvement and Settlement of Our faid Colonies. And whereas We are defu-ous, upon all Occafions, to teftify Our Royal Seiii'e and Approbation of the Conduft and Bravery of the Officers and Soldiers of Our Armies, and to reward the fame. We do hereby command and impower Our Governors of Our faid Three new Colonies, and all other Our Governors of Our feveral Provinces on the Continent of North America, to grant, without Fee or Reward, to fuch reduced Officers as have ferved in North America during the lare War, and to fuch Private Soldiers as have been or fliall be difbanded in America, and are adbually refiding diere, and fhall Perfonally apply for the fame, the following Quantities of Lands, fubjeft, at the Expiration of Ten Yearsj to the fame Quit Rents as other Lands are fubjeft to in the Province within which they are granted, as alfo fubjedt to the fame Conditions of Cultivation and Improvement ; viz. To every Perfon having the Rank of a Field Officer, 5,000 Acres. * To every Captain, 3,000 Acres. ' * To every Subaltern, or Staff Officer, 2,000 Acres. . . , To every Non-commiffion Officer, 200 Acres. * ^ - -^ -^ '^ ' To every Private Man, 50 Acres. We do likewife authorize and require the Goivemors and Commanders in Chief of all Our faid Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the fame Conditions, to fuch reducsd Officers of Our Navy of like Rank as ferved on Board Our Ships of War in North America at the Times of the Reduftion of Louifbourg and Quebec in the late War, and who fhall Perfonally apply to Our refpeftive Governors for fuch Grants. And whereas it is juft and reafonable, and effential to Our Intercft, and the Security of Our Colonies, that the feveral Nations or Tribes of In- dians with whom We are connected, and who live under Our Proteftion, fhould not be molefled or difbirbed in the Poffeffion of fuch Parts of Our Dominions and Territories as, not having been ceded to or purcliafed by Us, are referved to then), or any of them, as their Hunting Grounds,We do therefore, with the Advice of Our Privy Council, declare it to be Our Royal Will and Pleafure that no Governor or Commander in Chief in any of Our Colonies of Quebec, Eafl Florida, or Weft Florid^, do prefume, upon any Pretence whatever^ to grant Warrants of Sunngb or j^m any Patents • .for 'for fcril Chi for 1 rant Sou ;Wei beer [Indii A prefe minii inclu the : alfo 2 theF l>id; lovinj Itakinj jeav An rhol nthir ,^,^avin| *''25(flians i :'¥ An m ( II ) for Lands beyond the Bounds of tlieir refpe<^ive Governments, as de- Icribed in their Commiflions ; as alfo that no Governor or Commander in Chief in any of Our other Colonies or Plantations in America do prefume for the prefent, and until Our fiirdier Pleafure be known, to grant War- rants of Survey, or pafs Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the Weft and North Weft, or upon any Lands whatever, which not having been ceded to or purchafed by Us as aforefaid, are referved to the faid Indians, or any of them. And We do further declare it to be Our Royal Will and Pleafure, for the prefent as aforefaid, to referve under Our Sovereignty, Proteftion, and Do- , minion, for the Ufe of the faid Indians, all the Lands and Territories not , included within the Limits of Our faid Three new Governments, or within, the Limits of the Territory granted to tlie Hudfon's Bay Company, as alfo all the Lands and Territories lying to the Weftward of the Sources of the Rivers which fall into the Sea from the Weft and North Weft as afore- i^id i and We do hereby ftridlly forbid, on Pain of our Difpleafure, all Our [loving Subjcdts from making any Purchafes or Settlements whatever, or . : taking Pofleflion of any of the Lands above referved, without Our efpeciai 'Leave and Licence for that Purpofe firft obtained. And We do furdier ftriftly enjoin and require all Perfons whatever who have either wilfijUy or inadvertently feated themfelves upon any Lands •within the Countries above defcribcd, or upon any other Lands which, not iiaving been ceded to or purchafed by Us, are ftill referved to the faid In- lidians as aforefaid, forthwith to remove themfelves from fuch Settlements. And whereas great Frauds and Abufes have been committed in the ijpurchafingLands of the Indians, to the great Prejudice of Our Interefts, and to the great Diffatisfaftion of the faid Indians : In order, therefore, to prevent fuch Irregularities for the future, and to the End tiiat the Indians may be convinced oT Our Juftice and determined Refolution to remove all reafonable Caufc of Difcontcnt, We do, with the Advice of Our Privy Council, ftridtly enjoin and require, that no private Perfon do preflime to make any Purchafe from the (aid Indians of any Lands referved to the faid Indians within thofc Parts of Our Colonies where We have thought proper to aBow Settlement } but that if at any Time any of the faid Indians Ihould be inclined to difpofc of the faid Lands, the fame fhall be pur- chaled only for Us, in Our Name, at fome public Meetmg or Aflembly of the faid Indians, to be held for that Purpofe by the Governor or Com- mander in Chief of Our Colony relpeftively within which they Ihall liej and in cafe they fliall lie within the Limits of any Proprietary Govern- ment, they ftiall be purchafed only for the Ufe and in the Name of fuch Proprietaries, conformable to fuch Directions and Inftruftions as We or they fhall think proper to give for that Purpofe ^ aad We do, by the Ad- vice of Our Privy Council, declare and eapin, that the Trade with the hid Indians fhall be free and open to all Our Subjeds whatever pro- vided ihac every Peribn who may incline to trade with the faid Indians -do take out a Licence for carrying on fuch Trade from the Governor or •Commander in Chief of any of Our Colonies refpeftively where fuch FaSba fhall rdflde, and alfo give Security to obferve fuch Regulations as ■-¥ ( 12 ) We (hall at any Time think fit, by Ourfelves or by Our CommifTaries to be appointed tor this Purpofe, to dire£b and appoint for the Benefit of the laid Trade : And We do hereby authorize, enjoin, and require the Go- vernors and Commanders in Chief of all Our Colonies refpedtively, as well thofe under Our immediate Government as thofe under the Govern- ment and Dircftion of Proprietaries, to grant fuch Licences without Fee or Reward, taking efpecial Care to infert therein a Condition, that fuch Licence Ihall be void, and the Security forfeited in cafe the Perfon to whom the fame is granted fhall refufe or negleft to obferve fuch Regulations as We fhall think proper to prefcribe as aforefaid. And We do further exprcfsly enjoin and require all Officers what- ever, as well military as thofe employed in the Management and Direftion of Indian Affairs, within the Territories refcrved as aforefaid for the Ufe of the laid Indians, to feize and apprehend all Perfons wliatever, whp, Handing charged with Treafons, Mifprifions of Treafon, Murders, or other Felonies or Mifdemeanors, Ihall fly from Juftice, and take Refuge in the laid Territory, and to fend them under a proper Guard to the Colony » where the Crime was committed of which they ftand accufed, in order to take their Trial for the fame. • . Given at Our Court at St. James's, the 7th Day of 0(^ober, 176J, . in the Third Year of Our Reign. God fave the King. , HigJ Rive the 1 St. ofth term upon you, Thin the Grea to fi begi Our to be Refic Mon ment beinj for C whicl We Troii veyoi V?' n . C O P Y of Inflrudions for James Murray, Efquire, Governor of the Province of Quebec, dated 7th, December 1763. GEORGE R. , (L. S.) Jnftru^ions to Our Trufly and Well-beloved James Murray, Efquire, Our Captain General and Governor in Chief in and over Our Province of Quebec, in America, and of all our Territories dependant thereupon. Given at Our • Court at St. James's, the 7th Day of December 1763, in ' the Fourth Year of Our Reign. I. \X^ I TH thefe Our Inftruftions you will receive Our CommifTion under Our Great Seal of Great Britain, conftituting you Our Captain General and Governor in Chief in and over our Province of Quebec in America, bounded on the Labrador Coaft by the River St. John, and from thence by a Line drawn from the Head of that River thronwh the Lake St. John to the South End of the Lake Nipiffin, from whence the faid Line, crofTing the River St. Lawrence, and the Lake Champlain, in Forty-five Degrees of North Latitude, paffcs along the Highlands ;ur ' and t •pafTec Firfl, «c am { »3 ) nifTaries to Benefit of re the Go- ftively, as e Govern- out Fee or that fuch II to whom jlations as cers what- Diredtion d for the ;ver, whp, s, or other lige in the le Colon/: 1 order to 3er, 1 76 J, )vernor of s Murray, 1 Chief in a, and of en at Our • 1763* in jmmiflion you Our ovince of he River hat River flTin, from Jie Lake along the Hlighlaods Highlands which divide the Rivers that empty themfelves into the fatd River St. Lawrence from thofe which fall into the Sea ; and alio along the North Coaft of the Baye des Chaleurs, and the Coaft of the Gulph of St. Lawrence, to Cape Rofieres; and from thence crofllng the Mouth of the River St. Lawrence by the Weft End of the Ifland of Anticofti, terminates at the aforefaid River of St. John : You are therefore to take upon you the Execution of the Office and Truft We have repofed in you, and the Adminiftration of Government, and to do and execute all Things in due Manner that Ihall belong to your Command, according to the feveral Powers and Authorities of Our f;vid Commiflion under Our Great Seal of Great Britain, and thefe Our Inftruftions to you, according to fuch further Powers and Inftrudlions as fhall at any Time hereafccr be granted or appointed you, under Our Signet and Sign Manual, or by Our Order in Our Privy Council. 1. And you are with all due Solcrhnity to caufc Our faid Commiffion to be publifhed at Quebec, wiiich We do appoint to be the Place of your Refidence, and the principal Seat of Government iA the Diftridls of Montreal and Trois Rivieres, and in fuch other Parts of your Govern- ment as you fhall think necelfary and expedient, as foon as poffible ; which being done, you are in the next Place to nominate and eftabliih a Council for Our faid Province, to aflitt you in the Adminiftration of Government, which Council is for the prefent to be compofed of the Perfons whom We have appointed to be Our Lieutenant Governors of Montreal and Trois Rivieres, Our Chief Juftice of Our faid Province, and the Sur- veyor General of Our Cuftoms in America for the Northern Diftridt, and Eight other Perfons to be chofen by you from amongft the moft confider- able of the Inhabitants of or Perfons of Property in Our faid Province, which Perfons fo nominated and appointed by you as aforefaid (Five of which We do hereby appoint to be a Quorum) are to be Our Council for Our faid Province, and to have and enjoy all the Powers, Privilege, and Authority ufually exercifed and enjoyed by the Members of Our Councils •in Our other Plantations, and alfo fuch others as are contained in Our faid Commiflion under Our Great Seal of Great Britain, and in thefe Our Inftru£tions to you $ and they (hall meet together at fuch Time or Times, Place or Places as you in your Difcretion fhall think neceflary and ■expedient: It is ncverthelefs Our Will and Pleafure that the faid Chief Juftice, or Surveyor General of the Cuftoms, fliall not be capable of taking the Adminiftration qf the Government upon the Death or Abfence of you "^ur Governor, or die Commander in Chief for the Time being. 3. And you are forthwidi to call Our faid Council together, or fuch of I them as can be conveniently affembled, and to caufe Our faid Commiflion to you to be read at fuch Meeting; which being done, you fhall then ^take yourfelf, and alfo adminifter to Our Lieutenant Governors refpedively, ?| and to the Members of Our faid Council, the Oaths mentioned in Ad ^^ gaffed in the Firft Year of the Reign of his Majefty King George the Firft, intituled, « An A6t for the further Security of His Majefty's Perfon ** and Government, and the Succefllon of the Crown in the Heirs of the late Princefs Sophia, being Proteftants, and for extinguifliing die Hopes of the pretended Prince of Wales, and his open and fccret Abettors," as t-^i-i-'-i' D * / alfo -« ( H ) 1 ( sHb to make and fubfcrtbe, and caufe them to make and rubfcribe the De- claration mentioned in an A&. of Parliament made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, " An Aft for ** preventing Dangers which may happen from Popifh RecufantS}" and you and every One of tliem are likewife to take an Oath for the due Exe- cution of your and their Places and Trufts, with regard to your and their equal and impartial Adminiftration of Juftice ; and you are alfo to take the Oath required by an Aft pafled in the Seventh and Eighth Years of the Reign ot King William the Third to be taken by Governors of Planta- tions, to do their utmoft that the Laws reladng to the Plantations be obferved. 4. And you are forthwith to tranfmit unto Our CommifTioners for Trade and Plantations, in order to be laid before Us for Our Approbation or Dilallowance, the Names of the N|embers of the Council fo to be ap- pointed by you as aforefaid ; as alfo a Lift of the Names and Charafters of Eight other Perfons in Our faid Province, whom you judge properly qualified to ferve in that Station ; to the End that, if any of the Perfons appointed by you as aforefaid (hall not be approved and confirmed by Us, under Our Signet and Sign Manual, the Place or Places of fuch Perfons fo difapproved may be forthwith fupplied from the faid Lift, or otherwife, as We fhall think fit. 5. And if it Ihall at any Time happen, that by the Death, Departure out of Our faid Province, Sufpenfion (^ any of Our faid Councillors, or otherwife, there Ihall be a Vacancy in Our faid Council, Our Will and Plea- fure is, that you fignify the fame to Our Conrniilfioners for Trade and Plan- tations by the firft Opportunity, that We may, under Our Sign Manual, conftitute and appoint others in their Stead ; to which End you are, when- ever fuch Vacancy happens, to tranfmit unto Our faid Commiflloners, in order to be laid before Us, the Names of Three or more Perfons, Inhabitants of Our (aid Province, whom you (hall efteem beft qxialified for fuch Truft. 6. But that Our Affairs may not fufFer for Want of a due Number of Councillors, if ever it fhall happen that there be lefs than Seven xeiiding in Our faid Province, We do hereby give and grant unto you the faid James Murray full Power and Authority to chufe as many Perfons, out of the principal Inhabitants of Our faid Province, as will make up the full Number of the Council to be Sfeven, and no more j which Perfons, fo chofen and appointed by you, fhall be to all Intents and Furpofes Coun- cillors in Our faid Province, till either they fhall be confirmed by Us, or by the Nomination of others by Us, under our Signet and Sign Manual : Our faid Council fhall have Seven or more Perfons in it. 7. And it is Our Will and Pleafure that you do, and you are hereby authorized and empowered to fu^end and remove any of the Members of Our faid Council from fitting, voting, and afTifting therein, if you fhall find juft Caufe for fo doing j and alfo in like Manner to fufpend any of Our Lieutenant Governors of Our faid Province from the Execution of their Commands, and to appoint others in their Stead, until Our Pleafiire fhall be known ; it is neverthelefs our Will and Pleafure, that you do not fuf- pend or remove any of the Lieutenant Governors of Our f«d Province re- ^ftivel^, (> IS ) the De- jnty-fifch I Aft for itSi" and due Exe- and their > take the rs of the jfPlanta- itations be for Trade ibation or to be ap- Charafters s properly le Perfons ed by Us, Perfons fo lierwife, as Departure incilIors> or landPlea- ; and Plan- in Manual, are, when- ;r3, in order habitants of hTruft. Number of ren xefiding ou the faid •fons, out of up the full Perfwis, fo jofcs Coun- i by Us, or gn Manual: u are hereby Members of ou fhall find any of Our ion of their ?leaftire fhall 1 do not fuf- Province re- j^aively, 1: fpeftively, or any of the Members of Our Coimdl, when (hey fliaft have been confirmed by Us as aforcfaid, without good and fufficient Caufe, sor without the Confent of the Majority of the faid Council, figmfied m Coua- cil, after due Examination of the Charge againft fiich Lieutenant Gover- nor, or Councillor, and his Anfwer thereunto : And in cafe of Sufpenfion of any of them you are to caufe your Reafons for fo doing, together with the Charges and Proofs againft fuch Perfon, and his; Anfwer thereunto„ to be duly entered upon the Council Books, and forthwith to tranfmit Copies thereof to Our Commiflioners for Trade and Plantations, in order to be laid before Us : Neverthelefs, if it (hould happen that you Ihoxddhave Rea- Ibns for fufpending any of the faid Terfons, not fit to be communicated to the Council, you may in that Cafe fufpend fuch Perfon without the Con- fent of the liiid Council, but you are thereupon immediately Go fend to Our Commiflioners for Trade and Plantations, in order to be bid before Us, an Account of your Proceedings therein, together with your Reafons at large for fuch Sufpenfion, as alfo your Reafons at large for not communicating the fame to the Council, Duplicates thereof by the next Opportunity. 8. Whereas We are fenfible that efFeftual Care ought to be taken to oblige the Members of Our Council to a due Attendance therein, in order to prevent the many Inconveniencies that may happen from the Want of a Quorum of the Council to tranfadt Bufinefs as Occafion may require ; it is Our Will and Pleafure, that if any of the Members of Our faid Coun- cil fhall hereafter abfent themielves from the faid Province, and continue abfent above the Space of Six Mondis together, without Leave from you, or from Our Commander in Chief of Our faid Province for die Time being, firft obtained under your or his Hand and Seal, or fhall remain abfent for the Space of One Year, without Our Leave given them under Otir Ropl Signet and Sign Manual, their Place or Places in the faid Council fhall immediately thereupon become void ; and that if any of the Members of Our fkid Council, then refiding in that Province under your Government, fhall hereafter wilfoUy abfent themfelves when duly fummoned, without a jvift and lawful Caufe, and fhall perfifl therein after Admonition, you fuf- pend the faid Councillors fo abfenting themfelves, till Our forther Pleafure be known, giving Us timely Nodce thereof: And We do hereby will and require you, that this Our Royal Pleafure be fignified to the feveral Mem- bers of Our Council aforefaid, and entered into the Council Books of the Province under your Government, as a flanding Rule. 9. You are fordiwith to commwiicatB fuch and fo many of thefe Our Inftruftions to our faid Council, wherein their Advice and Confent arc mentioned to be requifite, as likewife all fuch others from Time to Time as you fhall find convenient for Our Service to be imparted to them. 10. You are to permit the Members of Our faid Council to have and enjoy Freedom of Debate and Vote, in all Affairs of public Concern that may be debated in Council. 11. And whereas It is dircfted by Our Commiinon to you, under Our aGreat Seal, that fo foon as the Situation and Circumftances of Our faid Province will admit thereof you fhall, with the Advice of Our Council, ilimmon and call a General Aflerobly of the Freehokkni in Our faid Pro- ■ ' vince^ '/ v\ \ l^ ) vmcc, you are therefore, as foon as the more prefling Affairs of Govern- ment will allow, to give all poiTible Attention to the carrying this important Objeft into Execution ; but as it nuy be impracticable for the prefent to form fuch an Eftablilhmcnt, You are in the mean Time to make fuch Rules and Regulations, by the Advice of Our faid Council, as fhall appear to be neceffary for the Peace, Order, and good Government of Our faid Province, taking Care that nothing be pafled or done that fhall any Ways tend to affeft the Life, Limb, or Liberty of the Subjedt, or to the inipofing any Duties or Taxes ; and that all fuch Rules and Regulations be tranfmitted to Us by the firft Opportunity, after they are pafled and made, for Our Approbation or Difallowance : And it is Our Will and Pleafure, that when an Affembly Ihall have been fummoned and met in fuch Manner as you in your Difcretion Ihall think mod proper, or as fhall be hereafter di- refted and appointed, the following Regulations be carefully obferved in the framing and pafling all fuch Laws, Statutes, and Ordinances, as are to be pafTed by you, with the Advice and Content of Our faid Council and AfTemblyj viz. That the Stile of enading the faid Laws, Statutes, and Ordinances be by the Governor, Council, and Affembly, and no other. That each different Matter be provided for by a different Law, without including in One and the fame Aft fuch Things as have no proper Relation to eacli other. That no Claufe be inferted in any Aft or Ordinance which fhall be foreign to what the Title of it imports j and that no perpetual Claufe be part of any temporary Law. That no Law or Ordinance whatever be fufpended, altered, continued, revived, or repealed by general Words j but that the Title and Date of fuch Law or Ordinance be particularly mentioned in the enafting Part, That no Law or Ordinance refpefting Private Property be paffed with- out a Claufe fufpending its Execution until Our Royal Will and Pleafure is known, nor without a Saving of the Right of Us, Our Heirs and Suc- ceffors, and of all Bodies Politic and Corporate, and of all other Perfons, except fuch as are mentioned in the faid Law or Ordinance, and thofc claiming by, from, and under diem j and before fuch Law and Ordinance is paffed Proof mufl be made before you in Council, and entered in the Council Books, that pubfic Notification was made of the Party's Intention to apply for fuch Aft in the fevg-al Parilh Churches where the Lands in Queftion lie, for Three Sundays at leafl fucceffively before any fuch Law or Ordinance fhall be propofed ; and you are to tranfmit and annex to the faid Law or Ordinance a Certificate under your Hand, that the fame paffed through all the Forms above mentioned. That in all Laws or Ordinances for levying Money, or impofing Fines, Forfeitures, or Penalties, exprefs Mention be made, that the fame is granted or referved to Us, Our Heirs and Succeffors, for the Public Ufes of the faid Province, and the Support of the Governtnent thereof, as by the faid Law or Ordinance fhall be direfted ; and that a Claule be inferted, de- claring that the Money arifing by the Operation of the faid Law or Ordinance fhall be accounted for unto Us in this Kingdom, and to Our Commiffioners of Our Treafury, or Our High Treafurcr for the Time being, 1 M ( 17 ) wlth- 'Icafure d Suc- erfons, d thofc dinancc in the Intention ands in h Law IX to the t fanne Ig Fines, . granted Is of the the faid ked, de- iLaw or to Our le Time being* •^ n being, and audited by Our Auditor General of Our Planutions, or His Deputy. That all fuch Laws, Statutes, and Ordinances be tranfmitted by you, within Three Months after their pafling, or fooner if Opportunity offers, to Our Conimiflioners for Trade and Plantations, that they be fairly ab- ftrafted in the Margents, and accompanied with very foil and particular Obfervations upon each of them j that is to fay, whether the fame is intro- duftive of a new Law, declaratory of a former Law, pr does repeal a Law then before in being j and you are alfo to tranfmit, in the fliUeft Manner, the Reafons and Occafion for enabling fuch Laws or Ordinances, together with fair Copies of the Journals of the Proceedings of the Council and Affembly, which you are to require from the Clerks of the faid Council and Affembly. 12. And to the End that nothing may be paffed or done to the Prejudice of the true Interefts of this Our Kingdom, the juft Rights of Us, Our Heirs and Succeffors, or the Property of Our Subjefts, it is Our expreis Will and Pleafure, that no Law whatever which ftiall in any wife tend to affeft the Commerce or Shipping of this Kingdom, or which ftiall anyways relate to the Rights and Prerogative of Our Crown, or the Property of Our Subjefts, or which ftiall be of an unufual'or extraordinary Nature, be finally ratified and affented to by you, until you ftiall have firft tranfmitted a ;, Draft of fuch Law, and ftiall have received Our Directions thereupon, vnlefs you take Care that a Claufe be inferted fufpending and defer- ring die Execution thereof until Our Pleafure is known concerning the fame. 13. And whereas Laws have formerly been enafted in feveral of Our Plantations in America for fo fliort Time, that Our Royal Affent or Refufal thereof could not be had before the Time for which fuch Laws were enafted did expire, you ftiall not give your Affent to any Law that ftiall be enafted for a lefs Time than Two Years, except in Cafes of im- minent Neceffity, as immediate temporary Expediency j and you ftiall not re-ena£t any Law to which Our Affent ftiall have been once rcfufed, with- ut exprefs Leave for that Purpofe firft: obtained from Us, upon a ftill eprefentation by you to be made to Our Commiffioners for Trade and lantations, in order to be laid before Us, of the Rcalbns and Neceffity for afling fuch Law ; nor give your Affent to any Law for repealing any ther Law which ftiall have paffed in your Government, and ftiall have re- -ivja^eived Our Royal Approbation, unlcfs you take Care that there be a ^laufe inferted therein, fufpending and deferring the Execution thereof gtintil Our Plealure ftiall be known concerning the lame. 14. And We do particularly require you to take Care that fair Books of accounts i)f all Receipts and Payments of all Public Money be duly kept, and Ithe Truth thereof atteflied upon Oathj and that all fuch Accounts be audited land attefted by Our Auditor General of Our Plantations, or his Deputy, who lis to tranfmit Copies thereof to Our Commiffioners of Our Trealiiry, or to |Our High Treafurer for the Time being j and that you do, every Half Year, or [oftner, fend another Copy thereof, attefted by yourfelf, to Our Ccmmif- jfioners for Trade and Plantations, and Duplicates thereof by the next Con- [veyance, in which Books ftiall be fpeciHed every particular Sum raifed or £► difpofed ( i8 ) dirpofcd of, together with the Names of the Perfons to "vhom any Pay- ment fhall be made, to the End We may be fatisfica ri' the right nnd due Application of the Revenue of Our faid Province, with the Proba- bility of the Increafe and Diminution of it under every Head and Article thereof. 15. And whereas tlie Members of feveral AITemblies in the Plantations have frequently aflumed to themfelves Privileges no Ways belonging to them, Specially of being protefted from Suits at Law during the Term they remain of the Aflembly, to the great Prejudice of their Creditors, and the Obftrudlion of Juftice; and fome Aflcmblies have prefumed to ad- iourn themfelves at Pleafurc, without Leave from Our Governor firft ob- tained, and others have taken upon them the fole framing of Money Bills, refufing to let the Council alter or amend the fame, all which Pradices are very detrimental to Our Prerogative ; if therefore you find that the Members of the Aflembly of Our Province of Quebec infift upon any of the faid Privileges, you are to fignify to them that it is Our exprefs Will and Pieafure that you do not allow any Proteftion to any Member of the Council or Aflembly, further than in their Peribns, and that only during the fitting of the Aflembly i and that you do not allow them to adjourn themfelves otherwife than de Die in Diem, except Sundays and Holydays, without Leave from you, or the Commander in Chief for the Time being, HHl obtained: It is alfo Our further Will and Pieafure, that the Council have the like Power of framing Money Bilb as the Aflembly. 16. And whereas by Our aforefaid Commifllon, under Our Great Seal of Great Britain, you are authorized and impowered, with the Advice and Confent of Our Council, to conftitute and appoint Courts of Judicature and Juftice i it is therefore Our Will and Pieafure that you do, as foon as pofHble, apply your Attention to thefe great and important ObjeAs, and that in forming the neceifary Eflablifhments for this Purpofe you do conflder what has taken Place in this Refpedt in Our other Colonies in America, more particularly in Our Colony of Nova Scoda. 17. And whereas it is for rJie Eafe, Satisfadion, and Benefit of all Our Subjects, that Appeals fliould be allowed in all Civil Caufes, from the Courts in Our Plantations j it is therefore Our Will and Pieafure, that when the feveral Courts and Offices necefTary for the Adminiilration of Juftice Ihall have been fetried, appointed, and confirmed* in confequence of the Power veiled in you by Our Commifllon under Our Great Seal, and by thefe Our Inftrudtions, you do, as near as different Circumftances will admit, conform yourfelf to the Regulations prefcribed in the Inflruftions given to Our Governor of Nova Scotia, in re^eft to fuch Appeals, Copies of which Inllrudions are hereunto annexed. 18. You are, with the Advice and Confent of Our Council in the Pro- vince under your Government, to take eipecial Care to regulate all Sala- ries and Fees belonging to Places, or paid upon Emergencies, that they be within the Bounds of Moderation, and that no Exadion be made on any Occafion whatfoeverj as alfo that Tables of all Fees be publicly hung up in all Places where fuch Fees are to be paid; and you are to tranfmit Copies of all fuch Tables of Fees to Our Commiflioners tor Trade and Plantations, in order to be laid before Us. 19. It out ( '9 ) lantations tnging to he Term itors, and :d to ad- r firft ob- )f Money all which you find nfift upon ur cxprefs Icmber of nly during to adjourn Holydays, ime being, ic Council Great Seal !\.dvice and icature and as foon as bje£ts, and do confider 1 America, t of all Our i, from the ;, that when 1 of Juftice jnce of the eal, and by ftances will Inftruftions eals. Copies in the Pro- late all Sala- :s, that they nade on any icly hung up nfmit Copies , Plantations, 19. It is Our exprefs Will and Pleafurc, that you do by the firft Oppor- tunity, and with all convenient Speed, tranfmit unto Us, by Our Com- mifTioncrs for Trade and Plantations, authentic Copies of all Afts, Orders, Grants, Commifllons, or other Powers, by virtue of which any Courts, Offices, Jurifdiftions, Pleas, Audiorities, Fees, and Privileges, have been fettled or eftablilhed for Our Confirmation or Dilallowance, and in cafe all or any of them fliall at any Time or Times be difallowed and not ap- proved, then fuch and fo many as fhall be fo difallowed and not approved, and fo fignified by Us, fhall ceafe, determine, and be no longer continued or put in Prafticc. ao. You ftiall not appoint any Perfon to be a Judge or Juftice of the Peace, without the Advice and Confent of the Majority of the Members of Our Council, prefent in Council, nor ftiall you execute yourfelf or by De- puty any of the faid Offices : And it is Our further Will and Pleafure, that all Commiffions to be granted by you to any Perfon or Perfons to be Judges, or Juftices of the Peace, or other neceflary Officers, be granted during Pleafure only. 21. You (hall not difplace any of the Judges, Juftices of the Peace, or other Officers or Minifters, without good and fufficient Caufe, which you ftiall fignify in the fulleft and moft diiUnA Manner to Our Commiflloners for Trade and Plantations, in order to be laid before Us by the firft Op- jportunity after fuch Removals. 22. And whereas frequent Complaints have heretofore been made of great Delays and undue Proceedings in the Courts of Juftice in feveral of Our Plantations, whereby many of Our good Subjects have very much fuffered; and it being of the greateft Importance to Our Service, and to the Welfare of Our Plantations, that Juftice be every where fpeedily and duly adminiftered, and that all Diforders, Delays, and other undue Pradtices, in the Adminiftration thereof, be efief^ually prevented. We do parti- cularly require you to take efpecial Care that in all Courts where you are authorized to prefide Juftice be impartially adminiftered, and that in all other Courts eftabliftied within Our faid Province all Judges and other Perfons therein concerned do likewife perform their feveral Duties without I any Delay or Partiality. 23. You are to take Care that all Writs be iflued in Our Name through- lout the Province under your Government. . ;v, 24. Whereas there are feveral Offices in Our Plantations granted under I the Great Seal of Great Britain, and our Service may be very much pre- ^ judiced by Reafon of the Abfence of the Patentees, and by their appointing Deputies not fit to officiate in their Stead; you are therefore to inipeA fuch of the faid Offices as are in the Province under your Government, and to enquire into the Capacity and Behaviour of the Perfons exercifing them, and to report thereupon to Our Commiffioners for Trade and Plantations what you think fit to be done or altered in relation thereto j and you are, upon the Mift)ehaviour of any of the faid Patentees, or their Deputies, to fufpend them from the Execution of their Office till you (hall have repre- fcnted the whole Matter unto Us, and received Our Direftions tlierein : And in cafe of the Death of any fuch Deputy, it is Our exprefs Will and Pleafurc '* ( 40 ) Pleafure that you take Care that the Perfon appointed to execute the Place until the Patentee can be informed thereof and appoint another Deputy, do give fufficicnt Security to the Patentee, or in cafe of Sufpen- fion, to the Perfon fufpended, to be anfwerable to him for the Profits accruing during fuch Interval by Death, or during fuch Sufpenfion, in cafe We (hall think fit to rellore the Perfon fufpended to his Place again j it is neverthelefs Our Will and Pleafure that the Perfon execudng the Place during fuch Interval by Death or Sufpenfion, (hall for his Encouragement receive the fame Profits as the Perfon dead or fufpended did receive : And it is Our further Will and Pleafure, that in cafe of a Sufpenfion of a Pa- tentee, the Perfon appointed by you to execute the Office during fiich Sufpenfion iliall receive a Moiety of the Profits which would otherwife become due to fuch Patentee, giving Security to fuch Patentee to be an- fwerable to him for the other Moiety, in cafe We (hall think fit to reftore him to his Office again : And it is further Our Will and Pleafure, that you do countenance and give all due Encouragement to all our Patent Oflicers in the Enjoyment of their legal and accuftomed Fees, Rights, Privileges, and Emoluments, according to the true Intent and Meaning of their Pa- tents. 25. You fliall not, by Colour of any Power or Authority hereby or otherwife granted, or mentioned to be granted unto you, take upon you to give, grant, or difpofe of any Office or Place within Our faid Province, which now is, or fhall be granted under the Great Seal of this Kingdom, or to which any Perfon is or fhall be appointed by Warrant under Our Signet and Sign Manual, any further than that you may, upon the Vacancy of any fuch Office or Place, or upon the Sufpenfion of^ any fuch Officer by you as aforefaid, put in any fit Perfon to officiate in the Interval, till you fhall have rcprefented the Matter unto Our Commiffioncrs for Trade and Plantations, in order to be laid before Us as aforefaid (which you are to do by the firfl Opportunity) and till the faid Office or Place be difpofed of by Us, Our Heirs or Succeflbrs, under the Great Seal of this Kingdom, or until fome Perfon fhall be appointed thereto by Warrant under Our Signet and Sign Manual, or Our further Directions be given therein. 26. And whereas feveral Complaints have been made by the Surveyors General and other Officers of Our Cuftoms in Our Plantations in America, that diey have frequently been obliged to ferve as Jurors, and Perfonally to appear in Arms whenever the Militia is drawn out, and thereby are much hindered in the Execution of their Employment : Our Will and Pleafure is, that you take efFeihial Care, and give the necefTary Directions, that the feveral Officers of our Cuftoms be excufed and exempted from ferving on any Juries, or Perfonally appearing in Arms in the Militia, unlefs in cafe of abfolutp Neceffity, or ferving any Parochial Offices, which may hinder them in the Execution of their Duty. 27. And whereas the Surveyors General of Our Cuftorr-s In the Planta- tions are impowered, in cafe of the Vacancy of any of our Offices of the Cuftoms, by Death, Removal, or otherwife, to appoint other Perfons to exe- cute fuch Offices, until they receive Directions from Our Commiffioncrs of the Trfafury, or Our High Treaflirer, or Commiffioncrs of Our Cuftoms for the Time being j but in regard theDiftriCts of Our laid Surveyors General "■"■' •-'•* are v0 Sur ( 21 ) «ccute the nt another o( Sufpen- ;he Profits on, in cafe gain i it is the Place uragcmcnt ivc: And of a Pa- iring fiich otherwife to be an- to reftore ', that you It Officers Privileges, their Pa- hcreby or on you to Province, Kingdom, >ur Signet cy of any by you as fhall have lantations, >y the rirft Us, Our intil fome and Sign surveyors America, fonally to ire much eafure is, that the Irving on in cafe of der them : Planta- es of the s to exe- ers of the loms for General are ■■'% are very ex ^enfive, and tliat they are required at proper Times to vifii the Officers in the feveral Governments under their Inipeaion, and that it might happen that fome of the Officers of Our Cuftoms in the Province under your Government may die at the Time when the Surveyor General is abfcnt in fome diftant Part of his Diftridl, fo that he cannot receive Advice of fuch Officer's Death within a rcafunabie Time, and thereby make Provifion for carrying on the Service, by appointing fome other Perfon in the Room of fuch Officer who may happen to die; therefore, that there may be no Delay given on fuch Occafion to the Mafters of Ships or Merchants in their Dif- patches, it is Our further Will and Pleafure, in cafe of fuch Abfcnce of the Surveyor General, or if he fhould happen to die, and in fuch Cafes only, that upjn the Death of any Coilcdlor of Our Cuftoms within our faid Province, you, or in your Abfencc Our Lieutenant Governor or Commander in Chief, (hall make Choice of a Perfon of known Loyalty, Experience, Dili- gence, and Fidelity, to be employed in fuch Colleftor's Room, for the Purpofes aforefaid, until the Surveyor General of Our Cultoms fhall be ad- vlfed thereof, and appoint another to luccced in fuch Plate i and that further Directions fhall be given therein by Our Commiffioners of Our Treafury, or Our High Treafurer, or by the Commiffioners of Our Cuf- toms for the Time being, which (hall be firft lignified, taking Ciue that you do not, under any Pretence of this Inftruftion, interfere with the Powers and Authorities given by the Commiffioners of Our Cuftoms to the faid Surveyors General, when they are able to put the fame in Execution. 23. And whereas We have been ftipulated by the late Definitive Treaty of Peace, concluded at Paris the lodi Day of February 1763, to grant the Liberty of the Catholic Religion to the Inhabitants of Canada, and that We will confequently give the moft precife and moft effeftual Orders that Our new Roman Catholic Subjefts m that Province may pro- fefs the Worfliip of their Religion, according to the Rites of the Romifh Church, as far as the Laws of Great Britain permit; it is therefore Our Will and Pieafure, that you do, in all Things regarding the faid Inhabitants, con- form with great Exaftnefs to the Stipulations of the faid Treaty in this Kcfpeft. 29. You are, as foon as poffible, to fummon the Inhabitants to meet to- gether, at fuch Time or Times, Place or Places, as you fhall find moft con- venient, in order to take the Oath of Allegiance, and make and fubfcribe the Declaration of Abjuration mentioned in the aforefaid Aft, pafTed in the Firft Year of the Reign of King George the Firft, « for the further Security of His " Miijefty's Perfon and Government, and the Succeffion of the Crown intlie " Heirs of the late Princefs Sophia, being Proteftants, and for extinguilhing the " Hopes of tlie pretended Prince of Wales, and his open and fecret Abettors ;*' which Oath fliall be adminiftered to them by fuch Perfon -or Perfons as you fliall commiffionate for that Purpofe ; and in cafe any of the faid French Inhabitants fhall refufe to take the faid Oath, and make and fubfcribe the Declaration of Abjuration as aforefaid, you are to caufe them forthwith to depart out of Our faid Government. 30. And it is Our further Will and Pieafure, that all fuch Inhabitants profeffing the Religion of the Romifh Church do at all fuch Meetings, or at fuch other Time or Times as you fhall think proper, and in the Manner , '" • Jl . - ' • ■ Y' " • you { " ) you fliall think Icaft akrming and inconvenient to the faid Inhabinnts de- liver in upon Oath an cxafk Account of all Arms and Ammunition of every Sort in their aAual PoflTeinon, and fo from Tin>c to Time of what die)r(haU receive into their PoflcflTion as aforefaid. - 31. You are as foon as poflible to tranfinit to Us, by Our Comrfiiflloncrs' f *r Trade and Plantations, an exadl and particular Account of the Nature and Couftitution of the Icvcral Religious Communities of the Romifli Church, their Rights, Claims, Privileges, and Property, and alfo the Num- ber, Situation, and Revenues of the fcveral Churches lieretofore elUbliftied in Our faid Province, together with the Number of Pricfts or Curates offi- ciating in fuch Churches. 32. You are not to admit of any Ecclefiaftical Jurifdiflion of the See of Rome, or any other foreign Ecdefiaflical Jurifdi«5tion whatfoever, in the Province under your Government. ,. , 3;\. And to the End that the Church of England may be eftabliflied both in Principles and PraAice, and that the faid Inhabitants may by Degrees be induced to embrace the Proteftant Religion, and their Children to be brought up in the Principles of it. We do hereby declare it to be Our Intention, when the faid Province (hall have been accurately furveyed, and divided into Townlhips, Didrids, Precinfls, or Parifhes, in fuch Manner as fliall be hereinafter diredled, all poflible Encouragement fhall be given to the erefting Proteftant Schools in the faid Diflrifb, Townfliips, and Precindls, by fettling, appointing, and allotting proper Qxiantities of Land for that Purpofe, and alio for a Glebe and Maintenance for a Prot^ant Minider and Protcflant School Mailer, and you are to confider and report to Us, by Our Com- miflloners for Trade and Plantations, by what other Means the Proteftant Religion may be promoted) eftablilhed, and encouraged in Our Province under your Government. 34. And you are to take efpecial Care, that God Almighty be devoutly and duly fcrved throughout your Government, the Book of Common Prayer, us by Law eftabliflied, read each Sunday and Holyday, and the blefTed Sa- crament adminiftcred according to the Rites of the Church of^.ngland. 35. You are not to prefer any Proteflant Miniflerto any Ecclefiaflical Benefice in the Province under your Government, without a Cerdficate from the Right Reverend Father in God the Lord Bifhop of London, of his being conformable to the Doftrine and Difcipline of the Church of Encland, and of a good Life and Converfation j and if any Perfon hereafter preferred to a Benefice fhall appear to you to give Scandal, either by his Dod^rine or Man- ners, you are to ufe the befl Means for his Removal. . 26. You are to give Orders forthwith that every Orthodox Minifter within your Government be One of the Veflry in his refpeftive Parifh, and that-no Veftry be held without him, except in cafe of Sicknefs, or after Notice of a Veflry fummoned he omit to come. . 37, And to the End that the Ecclefiaflical Jurifdiftion of the Lord Bifhop of London may take Place in Our Province under your Government, as far as conveniently may be, We do think fit that you give all Countenance and Encouragement to the Exercife of the fame, excepting only the collat- ing .■{V i'- ( n i «nts (le- 1 of evcrv they (hall miflloners' ic Nature ; Romifti he Num- iUbliAird rates offi- he See of 'cr, in the Hied both icgrees be le brought Intention, d divided ,s fliall be e erefting ly fettling, pofe, and Protcftant )ur Com- Proteftant Province devoudy )n Prayer, effed Sa- land. cleflafticai icate from his being land, and erred to a or Man- Minifter irifh, and ter Notice rd Bilhop ent, as far unten?.nce :hc collat- ing I m ina to Benefices, granting Licences for Marriage, and Probates of Wills, which We have referred to you Our Governor, and to the Commander in Chicfof Our faid Province for the Time being. »■ 38. And We do further direft, that no Schoolmaftfr who (hall arrive in Our faid Province from this Kingdom be henceforward permitted to keep School, without the Licence of the faid Lord Bilhop j and that no other Perfon utm there, or that fliall come from ether Parts, fliall be admitted to keep School in your Government, without your Licence firft ob- tallied. 39. And you are to take efpecial Care that a Table of Marriages, cfta- bliihcd by the Canons of the Church of Englajid, be hung up in all Places ol public Worfliip, according to the Rites of the Church of Eng- land. 40. And it is Our further Will and Pleafure, that in order to fupprefs, as much as in you lies, every Species of Vice and Immorality, you forth- with do caufe all Laws already made againft Blafphcmy, Profanencfs, Adultery, Fornication, Polygamy, Inccft, Profanation of the Lord's Day, Swearing, and Drunkennefs, to be vigoroufly put in Execution in every Part of your Government j and that you take due Care for the Puniflimenc ^ofthcfe, and every other Vice and Immorality, by Pre fentmcnt upon Oath, "^o be made to the Temporal Courts by the Church Wardens of the feveral *Parifties, at proper Times of the Year to be appointed for that Purpofcj ^nd for the further Difcouragement of Vice, and Encouragement 01 Vir- *iue and good Living (that by fuch Examples the Infidels may be invited ■and perfuaded to embrace the Chriftian Religion) you are not to admit any Perlons to public Trufts and Employments in the Province under your Government, whofe ill Fame and Converfation may occafion Scandal. 41. And whereas it is ftipulated by the aforefaid Treaty, concluded at Paris the loth Day of February 1763, that die French Inhabitants, or others who have been Subjefts of the Moft: Chriftian King in Canada, may retire with all Freedom and Safety wherever they fliall think proper, and may fell their Eftates, provided it be to Our Subjects, and bring away cheir EfFefts as well as their Pcrfons without being reftrained in their Emigration under any Pretence whatfoever, except that of Debts, or Cri- minal Profecurion, and that the Time limited for the Emigration fliall be fixed to the Space of Eighteen Months, to be computed from the Day of the , Exchange of the Ratifications of the Treaty ; you are, therefore, in all Things i to conform yourfelf to this Stipulation, and to take Care that fuch of the French Inhabitants as intend to remove within the Time limited be not fobftrucled or impeded, provided they do not fell their Eftates to odiers than His Majefty's Subjects, and that fo long as they,do in all Things conform thereto, in like Manner as Our other Subjefts. 42. And it is Our fiirther Will and Pleafure, that all and every the French Inhabitants in Our faid Province, who are now puffefled of Lands within the faid Province, in virtue of Grants or Conceflions made before the figning of the Preliminary Articles of Peace, on the 3d Day of No- vember 1762, do, within fuch limited Time as you in your Difcretion fliall think fit, Regifter the feveral Grants, or other Deeds or Titles, by which / ( H ) which they hold or claim fuch Lands in the Secretary's Office, which faid Grants, Deeds, or other Titles, (hall be entered at large in the faid Of- fice, fo that the particular Quanrity of Land, its Scite and Extent, the Conditions upon which it is granted, either as to Rents, Services, or Cul- tivation, may appear fully and at length. 43. And in cafe it fliall appear upon a ftridi: and accurate Examina- tion of the faid Grants and 1 itle Deeds, to be taken in liich Manner as you fhall think proper, that any of the Grantees, or Perfons claiming Lands under fuch Grants and Title Deeds, are in Pofieflion of more Li^nd than is contained v/ithin fuch Grants or other Conceffions, or that the Terms and Conditions upon which the Lands were granted have not been complied with agreeable to what is ftipulatcd in fuch Grants or Con- ceffions, it is Our Will and Pleafure, that you forthwith reprelent the fame to Us by Our CommifTioners for Trade and Plantations, to the End you may receive fuch Direftions thereupon as die Nature and Circum- ftanccs of the Cafe Ihall appear to require. .) t v, ■ ' 44. And whereas it is neceffary, in order to the advantageous and effedlual Settlement of Our faid Province, that the true State of it lliould be fully known ; you are therefore, as foon as conveniently may be, to caufc an ac- curate Survey to be made of the faid Province, by fuch able and (kilful Perfon as is or fliall be appointed for that Service, who is to report to you in Writing, for your Judgment in the Meafures which you may in general purfue for the making of Settlements, not only the Nature and Quality of the Soil and Climate, the Rivers, Bays, and Harbours, and every other Circumftance attending the natural State of it, but alio his Opinion in what Manner it may be moft conveniently laid out into Counties, and to annex to his Report a Map of fuch Survey, with the feveral Divifions propofed marked upon it; but as the making fuch Survey will be a Work of great Length, you are in the mean Time to carry on Settlements upon that Plan which fliall appear to you to be moft expedient from the beft In- formation you can colled:. •' -^^ ■ / 45. And whereas it has been found by Experience that the fetding Planters in Townlliips hath very much redounded to their Advantage, not only with refpeft to the Afliftance they have been able to afford each other in their civil Concerns, but likewife with regard to the Security they have thereby acquired againfl the Infults and Incurfions of neighbouring In- dians, or other Enemies; you are therefore to lay out Townfhips of a convenient Size and Extent in fuch Places as you in your Difcretion fhall judge moft proper ; and it is Our Will and Pleafure, that each Townlhip do confift of about 20,000 Acres, having as far as may be natural Boun- daries extending up into the Country, and comprehending a neceffary Part of the River St. Lawrence, where it can conveniently be had. 46. You are alfo to caufe a proper Place, in the moft convenient Part of each Townfhip, to be marked out for building a Town, fufiicient to contain fuch a Number of Families as you fliall judge proper to fettle there, with Town and Pafture Lots convenient to each Tenement, taking Care that the faid Town be laid out upon, or as near as conveniently may be, to fome navigable River on the Sea Coaft ; and you are alfo to rcfervc to Us proper which faid he faid Of- Extent, the es, or Cul- Examina- Manner as claiming more Lsnd lor that the e not been i or Con- ti, prelent the to the End id Circum- ind effedlual lid be fully :aufe an ac- and fkilful port to you / in general nd Quality and every lis Opinion •unties, and al Divifions be a Work Tients upon :he bell In- the fettling Advantage, afford each jcurity they bouring In- nfhips of a Tetion ihall I Townfhip ural Boun- reflary Part enient Part t to contaiti there, with Care that nay be, to ervc to Us proper ( 25 ) proper Quantities of Land in each Townlhip for the following Purpofes ; viz. for crefting Fortifications and Barracks where neceflary, or for other Miiiterv or Naval Services, and more particularly ft)r the Growth and Produftion of Naval Timber, if there are any Wood Lands fit for that Purpofe. 47. And it is Our flirther Will and Pleafure that a particular Spot, in or as near fuch Town as poffible, be fet apart for the building a Church, and Four hundred Acres adjacent thereto allotted for the Maintenance of a Minifter, and Two hundred for a Schoolmafter. 48. And you are to ^ve ftrift Orders to the Surveyors whom you (hall employ to mark out the faid Townlhips and Towns to make Returns to you of their Surveys as foon as poflible, with a particular Defcription of each Townlhip, and the Nature of the Soil within the fame. 49. And you are to oblige all fuch Pcrfons as (hall be appointed to be Surveyors of the faid Lands in each Townfhip to take an Oath for the due Performance of their Ofiices, and for obliging them to make cxadl Surveys of all Lands required to be fet out. 50. And whereas nothing pan more efFe^ally tend to the fi>eedy fettling Our faid Colony, the Security of the Property of Our Subjefts, and the Advancement of Our Revenue, than the difpofing of fuch Lands as are Our Property upon reafonable Terms, and the cflablifhing a regular and proper Method of proceeding with refpeft to the pafGng of Grants of fuch Land: It is therefore Our Will and Pleafure, that all and «very Perfon and Pcrfons who fhall apply to you for any Grant or Grants of Land fliall, previous to their obtaining the fame, make it appear before you in Council that they are in Condition to cultivate and improve the fame, by fettling thereon, in Proportion to the Quantity of Acres defired, a fuffident Number of White Perfons and Negroes ; and in cafe you fhall, upon a Confideration of the Circumftances of the Perfon or Perfons fo ap- plying for fuch Grants, think it advifeable to pafs the fame. In fiich Cafe you are to caufe a Warrant to be drawn up, direAed to the Surveyor General or other proper OfHcers, impowering him or them to make a faithfol and exa£b Survey of the Lands To petitioned for, and to return the faid Warrant, within Six Months at fartheft from the Date thereof^ with a Plot or Defcription of the Lands fo furveyed thereunto annexed ; pro- vided that you do take Care, that before any fuch Warrant is ilTued as aforefaid, a Docquet thereof be entered into the Auditor's and Regifler's Office ; and when the Warrant fhall be returned by the faid Surveyor or other proper Officer, the Grant fhall be made out in due Foriri, and the Terms and Conditions required by thefe Our Inftru6bions be particularly and exprefsly mentioned in the refpeftive Grants : Aqd it is Our Will and Pleafure that the faid Grants fhall be regiftered within Six Months from the Date thereof, in the Regifter's Office tfiere, and a Docquet thereof be alfo entei«d in Our Auditor's Office there, in cafe fuch Eftablifhment ihall take Place in Our faid Province, or that in Default thereof fuch Grant fhall be void. Copies of all which Entries fhall be returned regu- larly by the proper Office^ to Our Commiffioners of Our Treafury, and G to ( 26 ) ■X ! : i\ I n to Our Cotr.miirioners for Trade and Plantations, withui Six Months from the Date thereof. 51. And whereas great Inconveniences have arifen in many of Our Co- lonies in America, from the granting exceflive Quantities of Land to par- ticular Perfons, who have never cultivated or fettled it, and have thereby prevented others more induftrious from improving tlie fame: In order therefore to prevent the like Inconveniences for the future, you are to take efpecial Care that in all Grants to be made by you, by and with the Ad- vice and Confent of Our Council, to Perfons applying for the fame, the Quantity be in Proportion to their Ability to cultivate ; and you are hereby diredted to obferve the following Dire£tions and Regulations in all Grants to be made by you ; viz. That One hundred Acres of the Land be granted to every Perfon being Mafter or Miftrefs of a Family, for himfelf or herfelf, and Fifty Acres for every White or Black Man, Woman, or Child, of which fuch Per- i'on's Family fhall confift, at the afhial Tinw of making the Grant ; and in cafe any Perfon applying to you for Grants of Land Ihall be de- firous of taking up a larger Quantity than the adtual Number of Perfons in his or her Family would entitle fuch Perfons to take up, it is Our Will and Pleafure, and you are hereby allowed and permitted to grant unto every fuch Perfon or Perfons fuch further Quantity of Land as they may defire, not exceeding 1000 Acres, over and above what they are entitled to by the Number of Perfons in their refpcftive Families, provided it (hall appear to you that they are in a Condition and Intention to cultivate the fame, and provided alfo that they do pay to the Receiver of Our Quit Rents, or to fucii other Officer as fhall be appointed to receive the fame, the Sum of Five Shillings only for every Fifty Acres fo granted, on the Day of the Date of the Grant. That all Grantees be fubjeft to the Payment of Two Shillings Sterling for every hundred Acres, to commence at the Expiration of Two Years from the Date of fuch Grant, and to be paid Yearly and every Year, or in Default of fuch Payment the Grant to be void. That every Grantee, upon giving Proof that he or flic has fulfilled the Terms and Conditions of his or her Grants, (hall be entitled to another Grant, in the Proportion and upon the Conditions above mentioned. That for every Fifty Acres of Land accounted plantable each Patentee (hall be obliged, within Three Years after the Date of his Patent, to clear and work Three Acres at the leaft, in that Part of his Traft which he Ihall judge moft convenient and advantageous, or elfe to clear and drain Three Acres of Swampy or Sunken Grounds, or drain Three Acres of Marfh, if any fuch be within the Grounds of his Grant. That for every Fifty Acres of Land accounted barren every Patentee {ball be obliged to put and keep on his Land, within Three Years after the Date of his Grant, Three Neat Cattle, which Number he fhall be obliged to continue on his Land until Three Acres for every ]fifty be fully cleared and improved. That if any Perfon fhall take up a Traft of Land wherein there fhall be no Part fit for prefent Cultivation, without manuring and improving the fame, every fuch Grantee fhall be obliged, within Three Years from the Date of his Grant, to ereft oii'fome Part of his Land One goui Dwelling • Hojfe, ■:M *atentee to clear ich he drain Lcres of ratentee Years fhall i'ifty be [e fhall ling the |>m the celling ( 27 ) • Houfe, to contain at leaft Twenty Feet in Length, and Sixteen Feet in Breadth j and alfo to put on his Land the like Number of I'hree Neat Cattle for every Fifty Acres. That if any Perfon who (hall take up any ftony or rocky Grounds, not fit for planting or Failure, (ball within Three Years after the pafling of his ■Grant begin to employ thereon, and fo continue to work for Tliree Years 'then next enfuing, in digging any Stone Quarry or other Mine, One good ',and able Hand for every Hundred Acres of fuch Tra<5t, it Ihall be ac- •ccuntcd a fufficient Cultivation and Improvement. That every Tliree Acres which fhall be cleared and worked as afore- id, and every Three Acres which fhall be cleared and drained as afore- "aid, iliall be accounted a fufficient Seating, Planting, Cultivation, and Im- rovement, to fave for ever from Forfeiture Fifty Acres of Land in ny Part of the Trad contained within the fame Patent, and the Patentee all be at Liberty to withdraw his Stock, or to forbear working in any uarry or 'Mine, in Proportion to fuch Cultivation and Improvement as all be made upon the plantable Lands, or upon the Swamps, Sunken ISrounds, and Marfhes, which fhall be included in the fame Patent. **. That when any Perfon, who fhall hereafter take up and patent any Lands, 1^11 have feated, planted, and cultivated, or improved the faid Land, oir any Part of it, according to the Direftions and Conditions above ijiptioned, flich Patentee may make Proof of fuch Seating, Planting, (lljltivation, and Improvement in the general Court of the County, rid, or Precinift where fuch Lands fhall lie, and have fuch Proof cer- ^%d to the Regifter's Office, and there entered with the Record of the 1^ Patent, a Copy of which fhall be admitted on any Trial to prove (|||| Seatiiig and Planting of fuch Land. i^And laftly, in order to afcertain the true Quantity of plantable and ren Land contained in each Grant hereafter to be made, within Our Province, you are to take efpecial Care that in all Surveys hereafter be made every Surveyor be required and enjoined to take particular Itice, according to the befl of his Judgment and Uhderflanding, how h of the Land fo furveyed is plantable, and how much of it is barren unfit for Cultivation, and accordingly to inlert in the Survey and by him to be returned into the Regifter's Office the true Quantity of dl^ Kind of Land. $^ And it is Our further Will and Pleafure, that in all Grants of Land to ade by you as aforefaid, R^rd be had to the profitable and unpro- ucw' ^ ^^^^^> ^® ^^^^ ^^^^ Grantee may have a proportionable Number of PfliSort and die other, as likewife that the Breadth of each Trad of Land ^11 hereafter granted be One Third of the Length of fuchTraft; and ttpthe Length of each Traft do not extend along the Banks of any River, fi^jinto the Main Land, diat thereby the faid Grantees may have each a ^^enient Share of what Accommodation die faid River may afford for Na- vig»tion or otherwife. .,..,,. . . _ And whereas it hath been reprefented to Us, that many Parts of the .^ince under your Government are particularly adapted to the Growth ^ Culture of Hemp and Flax ; it is therefore Our Will and Pleafure, that 91 Surveys of Land for Setdemcnt the Surveyor be direded to report flier there is any, or what Quantity of Lands contained within fuch Sur- v-^ vcy ■> .../ ( 28 ) ^ i t vey fit for the Produftion of Hemp and Flax j and you are to take parti- cular Care to infert a Claufe in every Grant of Land where any Part thereof is fit for fuch ProduAion, obliging the Grantee Annually to fow a propor- tionable Part of his Grant with Hemp and Flax Seed. 54. And whereas it has been further reprefented to Us, that a great Part of the Country in the Neighbourhood of Lake Champlain, and between that Lake and the River St. Lawrence, abounds with Woods, producing Trees fit for Matting for Our Royal Navy, and other ufeful and neceflary Timber for Naval Conftruftion, you al-e therefore exprefsly direfted and required to caufe fuch Parts of the faid Country, or any other within your Govern- ment that fhair appear upon a Survey to abound with fuch Trees, and (hall He convenient for Water Carriage, to be referved to Us, and to ufe your utmoft Endeavour to prevent any Wafte being committed upon the faid Trads, by punifhing in due Courte of Law any Perfons who Ihall cut down or deftroy any Trees- growing thereon 1 and you arc to confider and advife with Our Council, whether iome Regulation that Ihall prevent any Saw Mills whatever fi-om being eivfled within your Government, without a Licence from you, or the Commander in Chief of Our faid Province for the Time being, may not be a Means of preventing all Wafte and Deftruc- tion in fuch TraAs of Land as Ihall be referved to Us for the Purpofes aforeiaid. 55. And whereas it appears from the Reprefentations of Our Governor oftheDiftrift of Trws Rivieres, that the Iron Works at St. Maurice in that Dittrift are of great Confequence to Our Service ; it is therefore Our further Will and Pleafiire that no Part of the Lands upon which the faid Iron Works were carried on, or from which the Ore ufed in fuch Works was procured, or which fliall appear to be 'neceflary and convenient for that Ettablifhment, either in refoeft to a free Paflage to the River St. Lawrence, or for producing a neceflary Supply of Wood, Corn, and Hay, or for Pafture for Cattle, be granted to any private Perfon whatever, and alfo that as large a Dittri£b of Land as conveniently may be, adjacent to and lying round the faid Iron Works, over and above what may be necefTary for the above Purpofes, be re&rved for Our Ufe;, to be difpofcd of in fuch Manner as We fhall hereafter dircft and appoint. , t , ;. ♦ . i. -> - f 56. And whereas it is neceflary that all Perfons who may be defirous oi fettling in Our faid Province fhould be fully informed of the Terms an; Conditions upon which Lands will be granted in our faid Province, you an therefore as foon as poflible to caufe a Publication to be made, by Procla mation or otherwife, as you in your Difcrction fhall think moft advifeablt of all and every the foregcMng Terms, Conditions, and Re^ladons of ever Kind, refpefting the Grants of Land j in which Proclamaaon it nuy be ei pedient to add fomefhort Defcription of the natural Advantages of the So and Climate, and its peculiar Conveniences for Trade and Navigation, an you are to take fuch Steps as you fhall think proper for the pubUfhing k ■■■ Proclamation in all the Colonies in North America. 57. And it is Our further Will and Pleafure, that all the foregoing I: flrudions to you, as well as any which you may hereafter receive relative the Form and Method of pafllng Grants of Land^ and the Terms and Concj m m • take parti- Part thereof IV a propor- a great Part Between that lucing Trees ffary Timber and required rour Govern- ees, and fhall 1 to ufe your upon the faid hall cut down ier and advife vent any Saw ;nt, without a I Province for B and Deftruc- )r the Purpofes ... ..-''V " Our Governor St. Maurice in s therefore Our which the faid in fuch Works ivenient for that T St. Lawrence, id Hay, or for er, and alfo that ent to and lying neceffary for the : in fuch Manner lay be defirous o; ■ the Terms anc Province, you an nade, by Procla i, moft advifeabk guladons of ever ion it may be ei antages of the So i Navigation, an he publifhing fuc 1 the foregoing] receive relative! Terms and Conif ( 29 ) tions to be annexed to fuch Grants themfelvcs, for the Information and Sa- tibfaftion of all Parties whatever that may be concerned therein. 58. And it is Our further Will and Pleafure, that you do conrKlercfa proper and efFeflual Method of collefting, receiving, and accounting for Our Quit Rents, whereby all Frauds, Conceahnent, Irregularity, or NcglcdV therein, may be prevented, and whereby the Receipt thereof may be ef- fedually checked and controlled j and if it (hall appear neceflary to pafs an Aft for the more effeftually alcercaining, and die more fpeedily and regularly <:olle6ting Our Quit Rents, you are to prepare the Heads of fuch a BjII as you fhall think may moft effeAually conduce to the procuring the gv,od Ends propofed, and to tranfmit the fame to Our Commiflloners for Trade and Plantations, in order to be laid before Us for Our further Diredlions therein, 59. And it is Our further Will and Pleafure, that the Surveyor General, or iuch other Perfon or Pcrfons as you (hall think proper to appoint, do, Once in every Year, or oftener, as Qccafion Ihall require, inlpe6t the State of all Grants of Land made by yoU, and make Report thereof to you in Writing, fpecifying whether the Conditions therein contained have or have not been complied with, or what Progrels has been made towards fulfilling the fame; and you are Annually to tranfmit Copies of fuch Reports to Our -CommifTioners for Trade and Plantations. 60. And whereas Our Province of Quebec is in Part inhabited and pof- feffed by feveral Nadons and Tribes of Indians, with whom it is both necef- ceflary and expedient to cultivate and maintain a ftrift Friendfhip and good Correfpondence, fo that they may be induced by Degrees not only to be good Neighbours to our Subjefts, but likewife themfelvcs to become gcod Subjefts to Us; you are therefore, as foon as you conveniently can, to ap- point a proper Perlbn to aflemble and treat with the faid Indians, promifing and afluring them of Protedtion and Friendfhip on Our Part, and delivering them fuch Prefents as fhall be fcnt to you for that Purpofe. 61. And you are to inform yourfelf with the greateft Exaftnefs of the Number, Nature, and Difpofitionof the feveral Bodies or Tribes of Indians, of the Manner of their Lives, and the Rules and Conftitutions by which they are governed or regulated; and you are upon no Account to moleft or dilturb them in the PofTelfion of fuch Parts of the faid Province as they at pre- fent occupy or pofTefs, but to ufe the beft Means you can for conciliating their Affeftions, and uniting them to Our Government, reporting to Us, by Our Commiflioners for Trade and Plantations, whatever Information you can .colledl with refpeft to thefe People, and the Whole of your Proceeding •with them. 62. Whereas We have, by Our Proclamadon, dated the 7th Day of •Oftober, in the Third Year of Our Reign, flriftly forbid, on Pain of Our Difplcafure, all Our Subjedts from making any Purchafes or Settlements whatever, or taking PofTcfTion of any of the Lands referved to the feveral Nations of Indians with whom We are connedled, and who live under Our Protedtion, without. Our efcecial Leave for that Purpofe firft obtained; it is Our exprefs Will and Pleafiire, that you take the moft efFedtual Care that Our Royal Diredlions herein be pundtually complied with, and that the Trade ^Aith fuch of the laid Indians as depend upon your Government be carried H on ( 30 ) on in the Manner and under the Regulations prefcribed in Our faid Pro- clamation. 6^. You are to iife your bed Endeavours in improving the Trade in thofe Parts, by fettling fuch Orders and Regulations therein, with the Advice of Our faid Council, as may be moft acceptable to the Generality of the Inhabi- tants ; and it is Our exprefs Will and Pleafure that you do not, upon any Pretence whatever, upon Pain of Our highefl: Difpleafure, give your Aflentto any Law or Laws for fetting up any Manufaftures, and carrying on any Trades which arc hurtful and pri. ;jdicial to this Kingdom, and that you do ufe your utmoft Endeavour to difcouragc, difcountenancc, and rcllrain any Attempts which may be made to ftt up fuch Manufadtures, or ertablifla any fuch Trades. 64. Whereas, by the 5th and 6th Articles of die Treaty of Peace and Neutrality in America, concluded between England and France the 6-1 6th Day of November 1686, the Subjects and Inhabitants of eac^i Kingdom are prohibited to trade and filh in all Places pofiefled, or which (hall be poflefled by the others in America ; and if any Ships fliall be found trading ■contrary to the faid Treaty, upon uue Proofs the iaid Ships fhall be con- fil'cated i but in cafe the Subjects of either King ' fliall be forced by Strefs of Weather, Enemies, or other Necefllty, into the Ports of the other in America, they fliall be treated with Humanity and Kindncfs, and may provide themfelves with Viftuals and other Things neceflary for their Suf^ tenance, and the Reparation of their Ships, at reafonable Rates, provided they do not break Bulk, nor carry any Goods out of their Ships, ex- posing them to Sale, nor receive any Merchandize on Board, under Pe- nalty of Confifcation of Ship and Goods : It is therefore Our Will and Pleafure, that you fignify to Our Subjedls under your Government the Purport and Intent 01 the abovefaid Two Articles; and that you take particular Care that none of the French Subjefts be allowed to trade from their faid Settlements to the Province under your Government, or to iifli upon the Coaft thereof! 6^. And it is Our Will and Pleafure, that you do not difpofe of any Forfeitures or Efcheats to any Perfon until the Sheriff or other proper Officer have made Enquiry by a Jury, upon their Oaths, into die true Value thereof, nor until you have tranfmitted to Our Commiflloners of Our Trealury, and to Our Commiflloners for Trade and Plantations, ,a particular Account of fuch Forfeitures and Efcheats, and the Value thereof: And you are to take Care that the Produce of lu^h Forfeitures and Efcheats, in cafe We fliall think proper to give you Diredtions to dif- pofe of the fame, be duly paid to Our Treafurer or Receiver General of Our faid Province, and a full Account tranfmitted to Our Commiflloners of Our Treafury, or Our High Treafurer for the Time being, and to Our Commiflloners for Trade and Plantations, with the Names of the Perfons to whom difpof*). 66. And whereas Commiflions have been granted unto fcveral Perfons in Our refpeftive Plantations in America for the trying of Pirates in thole Parts, purfuant to the Afts for the more effectual Supprefllon of Piracy i and by a Commifllon already fent to Our Province of New York, Our GoveiJDur .■M ( 3' ) ; in thofe kivicc of ;Inhabi- ipon any ve your rrying on that you i reftrain eftublifli cace and le 6-i6tIi [Cingdom (hall be d trading I be con- by Strefs ;he other and may their Suf- provided hips, ex- nder Pe- Will and iment the that you .1 to trade :nt, or to )fe of any icr proper > the true Tioners of itations, ..a the Value r'orfeitures ons to dif- General of irruflioners , and to mes of the al Perfons 2S in thole )f Piracy ; i^ork, Our Govemar lovernor there is impowered, together with Oidcrs therein meiitionec!, 3 proceed accordingly in Reference to Our fiid Province ; Our Will ul Pleafure is, that you do ufe your belt Endeavours to apprehend all Ptrlbns whatever who may have been guilty of Piracy witliin your Go- yernmcnt, or wlio, having committed fucJi Crimes at other Places, may Knemy, and tliercfoic that they (hould give like Orders to Mafters of Ships in relation to their Letters} and you are further to advifc all Mafters of Ships, that thc^y do fink all Letters in cafe of Danger, in the Manner befose mentioned. 71. And whereas in Time of War the Merchants and Planters in Our Plantations in America did correlpond and trade with Our Enemies, and carry Intelligence to them, to the great Prejudice and Hazard of Our faid Plantations, you are tlierefore, by all pofllble Methods, to endea- vour to hinder fuch Trade and Corrcfpondencc in Time of War. 72. And you are to report to Us, by Our Commiflioners for Trade and Phntations, What is the Nature of the Soil and Climate of the Province under your Government ? if it differs in thefe Circumftances from Our othT Northern Colonies ; in what that Difference confifts ? and what beneficial Articles of Commerce the different Parts of it are capable of produc- ing ? What Rivers there are, and of what Extent and Convenience to tiie Planters ? What are the principal Harbours, how fituated, of what Extent, and what is the Depth of Water, and Nature of the Anchorage in each c( them ? What Quantity of Land is now under aftual Improvement and Settle- ment ? What are the chief Articles of Produce and Culture ; the Annual Amount of the Quantity of each; and upon what Terms and Conditions the Inha- •bitants hold their Lands, either of Cultivation, Rent, or Perfonal 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 Property ? What is the Number of Inhabitants, Whites and Blacks, diflinguifhing each? What Number of the former is capable of bearing Arms, and what Number of the latter is Annually neceffary to be fupplied, in Proportion to the Land cultivated ? What was thb Nature, Form, and Conftitution of the Civil Government ; what Judicatures were there eftablifhed ; and under what Regulations did the French Inhabitants carry on riieir Commerce ? 73. You are from Time to Time to fend unto Us, by Our Commif- fioners for Trade and Plantations as aforefaid, an Account of the Increafe and Decreafe of the Inhabitants, Whites and Blacks } and alfo an Account of all Perlbns'born, chriftened, and buried. 74. Whereas it is abfokitely neceffary that We be exaftly informed of flic 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 Fortifica- tions there, and what more may be neceffary to be built for the Defence and Security of the fame ; you are as foon as poffible to prepare an Ac- count thereof with relation to Our faid Province, in the moft particular Manner; and you are therein to exprefs the prclent State of the Arms, Ammunition, you [Ad Iftiin iSer ) Mafters of to advife all in the anger. nters in Our JEnemies, and zard of Our s, to endea- /ar. or Trade and HI ovince under m Our oth^T hat beneficial e of produc- licnce to tlie Extent, and c in each cf t and Settle- nual Amount ons the Inha- fial Service? uncultivated ; :of is private diflinguilhing ms, and what Proportion to Govern nncnt i gulations did Dur Commif- f the Increafe b an Account formed of flic in relation to and Fortifica- the Defence ^are an Ac- ioft particular of the Arms, Ammunidofl, ■m ■ ( 33 ) Amm«nition, and other Stores of War belonging to the faid Province, ■either in public Magazines, or in the Hands of private Perfons, together with the State of all Places, cither already fortified, or that you judge neccflary to be fortified for the Security of Our faid Piovince ; and you are to tranfmit the faid Ac 'nts to Our CommifTioners for Trade and Plantations, as alfo a Duplical^. thereof to Our Mafter General or principal Officers of Our Ordnance ; which Accounts are to expreis the Particulars of Ordnance, Carriages, Balls, Powder, and other Sorts of Arms and Am- munition, in Our Public Stores ; and fo from Time to Timp, of what fhall be lent you, or bought with the Public Money, and to fpecify the Time of the Difpofal, and the Occafion thereof* and you are Half-yearly to tranfmit a general Account of the State of the Fortifications and Warlike Stores fpccified 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 Correfpondence you keep with them. 76. And in cafe of any Diftrefs of any other of Our Plantations, you ^ fliall, upon Application of the refpeftive Governors thereof unto you, afllft them with what Aid the Condition and Safety of Our Province under your } Government can Ipare. a ? 77. If any Thing fliall happen which may be of Advantage or Security to Our Province under your Government, which is not herein or by your 5 ^1 Commiflion provided for. We do hereby allow unto you, with the Advice 1 and Confent of Our Council, to take Order for the prefont therein; giving unto Our Commiffioners for Trade and Plantations Ipeedy No- tice thereof, in order to belaid before Us, that you may receive Our Ratification if We fliall approve the fame : 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 thefe Our In- ftrudions to you, direfted and appointed that your chief Refidence fliall ^ be at Quebec ; you are neverthelefs frequently to vifit the other Parts of , your Government, in order to infpeft the Management of all Public ^Affairs, and thereby the better to take Care that the Government be fo ad- ffniniftered, that no diforderly Pradtices may grow up contrary to Our sService, and the Welfare of Our Subjedts. , ., . ;' 79. And whereas great Prejudice may happen to Our Service and the ^ Security of Our Province, by your Abfence from thofe Parts, you are not. ' upon any Pretence whatfoever, to come into Europe, without havin^^ firft obtained Leave for fo doing from Us, under Our Sign Manual and sTLmet or by Our Order in Our Privy Council j yet neverthelefs, in cafe of Sick- nefs, you may go to South Carolina, or any other of Our Southern Plan- tations and there ftay for fuch Space of Time as the Recovery of your Health may abfolutely require. . 80. And whereas We have thought fit by Our Commiflion to fiired, that in cafe of your Death or Abfence, and the Death or Abfence of Our I Lieutenant \) H { 34 ) •Lieutenant Governors of Montreal and Trois Rivieres, and in cafe there be at that Time no Perfon within Our faid Province commilTionated or ap- pointed by Us to be Coinnnander in Chief, that the eldell Councillor who Ihall be at the Time of your Death or Abfcnce, or at the Death or Abfcnce of Our Lieutenant Governors as aforeliiid, reftding within Our faid Pro- vince under your Government, flull take upon him the Adminiftration of Government, and execute Our faid CommiJTion and Inftruftions, and the feveral Powers and Authorities therein direfted : It is neverthclefs Our exprefs Will and Ploafure, that in fuch Cafe the faid Prefident fhall forbear to pafs any Aft or Adls, but what are immediately neceflary for the Peace and Welfare of the faid Province, without Our particular Order for that Purpofe i and that he Ihall not remove or fufpend any of the Members of Our Council, nor any Judges, Juftices of the Peace, or other Officers, Civil or Military, without the Advice and Confcnt of at lead Seven of the Members of Our faid Council, nor even then without good and fufficient licafons for the fame, which the faid Prefident is to tranfmit, figned by himfelf and the idl of the faid Council, to Our CommiflTioners for Trade and Plantations, by the Firft Opportunity, in order xo be laid before Us. 8 1. And whereas We are billing in the bed Manner to provide for the Support of the Government of Our Province aforefaid, of which you are Goveinor,' by fetting apart fufficient Allowances to fuch as fhall be Our Governor or Commander in Chief refiding for the Time being within the fame; Our Will and Pleafure is, that when it fhall happen that you are flbfent from Our faid Province, One full Moiety of the Salary, and all Per- quifites and Emoluments whatlbcver, which would otherwife become due unto you, fhall, Quebec in America, and of all the Territories depend(r thereupon. Dated St. James's, 3d January, 1775. GEORGE R. INSTRUCTIONS to Our Trufty and Well-belov.r {L. S.) Guy Carleton, Efq. Our Captain General and Gove rnc in Chief in and over Our Province of Quebec, i America, and of all Our Territories dependent thereupoi Given at Our Court at St. James's, the 3d Day of J;i nuary, 1775, in the Fifteenth Year of Our Reign. i.fX7lTH thefe Our Inftrufbions you will receive Our CommilTio under Our Great Seal of Great Britain, conftituting you Ol Captain General and Governor in Chief in and over Our Province c Quebec, in America, and all Our Territories thereunto belonging, as th faid Province and Territories are bounded and defcribed in and by the fai Commifllon ; you are therefore to take upon you the Execution of tl; Office and Trull We have repofed in you, and the Adminillratlon of tJ. Government, and to do and execute all Things in due Manner that Iha belong to your Command, according to the feveral Powers and Author! ties of Our faid Commifllon under Our Great Seal of Great Britain, an< thefe Our Inftrudtions to you, or according to fuch further Powers an Inftrudions as fhall at any Time hereafter be granted, appointed undt Our Signet or Sign Manual, or by Our Order in Our Privy Council ; an you are to call together at Quebec (which We do hereby appoint to h the Place of your ordinary Refidence, and the principal Seat of Goveri ment) the following Pcrlbns, whom We do hereby, with the Advice Our Privy Council, conftitute and appoint to be Our Council fur the A- fairs of Our faid Province of Quebec, and the Territories thereunto bt longing, viz. Heftor Theophilus Cramartic, Ejlquir«, Our Lieutenant Go vernor of Our faid Province, or Our Lieutenant Govei Jwr of Our faid Pro vince for the Time being. Our Chief Jullice of Our Province for iIk Time being, Hugti Finlay, Thomas Dunn, James Cuthbert, Col 3 Drummond, Francis Lcs Vefques, Edward Harrifon, John Collins Adam Mabcan, De Lacy, St. Ours, Pica dydci Contrecoeur, Our Secretary of Our faid Pro- vin« 4k 4' 'w ( 37 ) Dc la Naudirc, La Cornc profcaite tl lich fvich ria res e, Captain O le Province jrics dcpendc 775- id Well-belovc il and Governc of Quebec, i ndent thereupoi 3d Day of J;i 3ur Reign. 3ur Commiflio luting you Oi 3ur Province «; )elonging, as th \ and by the fai xecution of th iniftration of tl: anncr that Iha rs and Author! Ircat Britain, an< her Powers aa appointed undt vy Council ; ari y appoint to h Seat of Govern I the Advice uncil for the A es thereunto ht- r Lieutenant Go ofOur faidPro rovince llK Cuthbert, Cob John Collins Pica- Our faid Pro- vin« vince for the Time being, George AUbpp, St. Luc, Alexander Johnftone, Conrad Gug}' Rigauvillc, and John Frafer, Efquires, all and every of which Perf )n and Pcr- fons Ihall hold and enjoy his and their Office and Offices of Councillor or Councillors for Our faid Province of Quebec for and during Oir Will and Pleufurc, and his or their Refidencc within Our faid Province, and not #chcrwife. 2. It is Our further Will and Plcafurc, that any Five of the faid Coun- Ihallconftitutc a Board of Council foriranfafting all Bufinefs in which ir Advice and Confcnt may be reouifitc, Adts of Lcgiflation only ex- ptcd (in which Cafe you arc not to act without a Majority of the Whole) : nd it is Our further Will and Pleafurc, that the Members of Our laid ouncil fliall have and enjoy all the Powers, Privileges, and Emolu ents enjoyed by the Members of Our Councils in Our other Planta- and alfo fuch others as are contained and directed in Our faid Com- iffion under Our Great Seal of Great Britain, and in thefe Our Inftruc- to you i and dwt they fliall meet together at fuch Time and Times, Place and Places, as you in your Difcretion Ihall think neceflary, except en they meet for the Purpofe of Legiflation, in which Cafe they arc be aflcmbled at the Town of Quebec only. And you are with all due and ufual Solemnity to caufe Our faid miffion to be read and publiflied at the faid Meeting of Our Council, wllich being done, you fliall then take and alfo adminifler to each of the members of our faid Council (not being a Canadian, profefling the Reli- ■ "*■ of the Church of Rome) the Oaths mentioned in an Aft, pafled in Firft Year of the Reign of his Majefliy King George the Firft, intituled, n Aft for the further Security of Mis Majefty's Pcrfon and Government, id the Succefllonof the Crown in the Heirs of the late Priijcefs Sophia, being Proteftants, and for extinguifliing the Hopes of the pretended rincc of Wales, and his open and fecret Abettors," as altered and ex- ined by an Aft, parted in the Sixth Year of Our Reign, intituled, "An ' ft for altering the Oath of the Abjuration, and the Aflurance, and for mending fo much of an Aft of the Sevendi Year of her late Majefty ~ueen Anne, intituled. An Aft for the Improvement of the Union of ,e Two Kingdoms, as after the Time therein limited requires the De- ivery of certain Lilts and Copies therein mentioned to Perfons indifted ■^High Treafon, orMifprifion ofTreafon," as alfo make and fubfcribe, caufe them to make and fubfcribe, the Declaration mentioned in an of Parliament, made in the Twenty-fifth Year of the Reign of King rles the Second, intituled, " An Aft for preventing Dangers which y happen from Popifli Recufants :" And you, and* every one of are likewife to take an Oath for the due Execution of your and r Places and Trufts, with regard to your and their equal and impartial miniftration of Juftice ; and you are alfo to take the Oath required by Aft, parted in the Seventh and Eighdi Years of the Reign of King Wil- l$||m the Third, to be taken by Governors of Plantations to do their ut- ft that the Laws relating to the Plantations be obferved. 4. And whereas by an Aft, parted in the Fourteenth Year of Our eign, intituled, « An Aft for making more eficftual Provifion for the Go- vernment of the Province of Quebec in North America," it is enafted K andl ( 38 ) [jl] and provided, that no Perfon profefTing the Religion of the Church of Rome, and refiding in the laid Province, (hall be obliged to take the Oath of Supremacy required by an Aft, pafled in the Firft Year of the Reign of Queen Elizabeth, or any other Oaths fubftituted by any other Adl in the Place thereof, but that every fuch Perfon, who, by the faid Statute, is re- quired to take the Oaths thtiein mentioned, (hall be obliged, and is there- by required, under certain Penalties, to take and fubfcribe an Oath in the Form and Words therein prefcribed and fct down : It is therefore Our Will and Pleafure that you do adminifter to each and every Member of Our faid Council, being a Canadian, and profe(ring the Religion of the Church of Rome, and caufe each of them feverally to take and fubfcribe the Oath mentioned in the faid Ad, pa(red in the Fourteenth Year of Our Reign, intituled, " An A6t for making more cffeftual Provifion for the " Government of the Province of Quebec, in North America ," and al(b caule them feverally to take an Oath for the due Execution of their Places and Trulls, and for their equal and impartial Adminiftration of Jurtice. - ( 5. And that We may be always informed of the Names and Charafters of Perfons fit to fupply the Vacancies which may happen in Our faid Coun- cil, you are from Time to Time to tranfmit to Us, by One of Our Prin- cipal Secretaries of State, the Names and Charafters or fuch Perfons, In- habitants of Our faid Colony, whom you (hall efteem the beft qualified for that Truft ; and you are alfo to tranfmit a Duplicate of the faid Account to Our CommilTioners for Trade and Plantations for their Information. 6. And if it (hall at any Time happen that by the Death or Departure out of Our faid Province of any of Our faid Councillors, there (hall be a Vacancy in ow faid Council, Our Will and Pleafure is, that you (ignify the fame to Us by One of Our Principal Secretaries of State, and to Our Commiflioners for Trade and Plantations, by the firft Opportunity, that we may, by Warrant under our Signet and Sign Manual, and with the Advice of Our Privy Council, conftitute and appoint others in their Stead. 7. You are forthwith to communicate fuch and fo many of the(e Our Inilruftions to Our faid Council, wherein their Advice and Con(ent are mentioned to be requifite, as likewife all fuch others from Time to Time as you (hall find convenient for Our Service to be imparted to them. 8. You are to permit the Members of our faid Council to have and en- joy Freedom of Debate and Vote in all Affairs of Public Concern that may be debated in Council. 9. And whereas by the aforefaid Aft, jtzfkd in the Fourteenth Year of Our Reign, intituled, " An Aft for making more effeftual Provifion for " the Government of the Province of Quebec, in North America," it is further Enafted and Provided, that the Council for the Afllairs of the faid Province, to be conftituted and appointed in Manner therein direfted, or the major Part thereof, (hall have Power and Authority to make Ordinances . for the Peace, Welfare, and good Government of the faid Province, with the Confent of Our Governor, or in his Abfenceof the Lieutenant Governor or Commander in Chief for the Time being, provided that no Ordinance ■.■■■■ ' (hall ^cep| * pnc\ ive pnedl le ol V • % :hurch of ; the Oath the Reign Aft in the :ute, is re- id is there- )ath in the refore Our Member of Tion of the id fubfcribc 'ear of Our ion for the j" and alio on of their niftration of d Characters r faid Coun- ofOurPrin- Perfons, In- qualified for faid Account irmation. or Departure pre fhall be a at you fignify , and to Our nity, that we |th the Advice tead. of thefe Our Confent are rime to Time them. * have and en- icern that may Iteenth Year of [l Provifionfor America," it is airs of the faid lirefted, or the fke Ordinances [Province, with tenant Governor Lt no Ordinance ^ {hall ( 39 ) fhall be paffed unlefs upon fome urgent Occafion at any Meeting of the Council, except between the Firft Day of January and the Firft Day of May : And whereas the State and Condition of Our faid Province do require that immediate Provifion (hould be made by Law for a great Va- riety of Arrangements and Regulations eflentially neceffary for the Govern- ment thereof; it is therefore Our Will and Pleafure, that you do within a convenient Time iflue Summons for the affembling of our faid Council in their Legiflative Capacity, either on the Firft Day of April next, or as foon ,f jtfter as may be convenient, in order to deliberate upon and frame fuch Or- It^nances as the Condition of Affairs within Our laid Province fhall re- luire, and as Ihall in your and their Judgment be fit and neceflary for the 'elfare of Our faid Province, and the Territories thereunto belonging. lo. You are neverthelefs to take efpecial Care, That no Ordinance be faffed at any Meeting of the Council where lefs than a Majority of the Pouncil is prefent, or at any Time, except between the Firft Day of Ja- nuary and the Firft Day of May, as aforefaid, unlefs upon fome urgent i)ccafion, in which Cafe every Member thereof, refident at Quebec, or , jithin Fifty Miles thereof, Ihall be Perfonally fummoned to attend the That no Ordinance be paffed for laying any Taxes or Duties, fuch Rates 1 Taxes only excepted as the Inhabitants of any Town or Diftrift may authorized to affefs, levy, and apply within the faid Town or Diftrift, the making Roads, erefting and repairing public Buildings, or for any ^er Purpofe refpefting the local Convenience and OEconomy of fuch |)wn or Diftrift. "hat no Ordinance touching Religion, or by which any Punifhment may l^^inflidbed greater than Fine or Imprifonment for Three Months, be made [take Effeft, until the fame fhall have received Our Approbation. prhat no Ordinance be paffed relative to the Trade, Commerce, or Fifh- ^es of the faid Province, by which the Inhabitants thereof fhall be put m a more advantageous Footing than any other His Majefty's Subjeds, ler of this Kingdom, or the Plantations. iThat no Ordinance refpefting private Property be paffed without a Claufc ^pending its Execution until our Royal Will and Pleafure is known, nor lOut a Saving of the Right of Us, Our Heirs or Succeffors, and of all lies Politic and Corporate, and of all other Perfbns, except fuch as are itioned in the faid Ordinance, and thofe claiming by, from, and under and before fuch Ordinance is paffed. Proof mufl be made before in Council*, and entered in the Council Books, that public Notification made of the Parties Intention to apply for fuch Ordinance in the feveral ifh Churches where the Lands in Queftion lie, for Three Sundays at t fucceffxvely before any fuch Ordinance fhall be propofed ; and you arc l^ranfmit and annex to the faid Ordinance a Certificate under your Hand, |t the fame paffed through all the Forms above-mentioned. That no Ordinance fhall be enafted for a lefs Time than Two Years, cept in Cafes of imminent Neceffjty, or immediate temporary Expe- tncyj and you fhall not re-enaft any Ordinance to which Our AfTent fhall ^ve been once refufed, without exprefs Leave for that Purpofe firft ob- ned from Us, upon a full Reprefentation by you to be made to Us by le of Our Principal Secretaries of State, and to Our Commiffioncrs for Trade ^•ar 1/ id' ( 40 ) Trade and Plantations, for their Information, of the Rcafons and Ncceflity for paflingfiich Ordinance i nor give your Aflent to any Ordinance for re- pealing any other Ordinance which hath paffed in your Government, and fhall have received Our Royal Approbation, unlefs you take Care that there be a Claufe inferted therein, fulpending and deferring the Execution there- of until Our Plealure Ihall be known concerning the fame. That in all Ordinances impofing Fines, Forfeitures, or Penalties, exprefs Mention be made that the fame is granted or referved to Us, Our Heirs and Succeflbrs, for the public Ufes of the faid Province, and the Support of the Government thereof, as by the faid Ordinance fhall be dircfted j and that a Claufe be inferted, declaring that the Money arifing by the Operation of the faid Ordinance Hiali be accounted for unto Us in this Kingdom, and to Our Commiflloners of Our Treafury for the Time being, and audited by Our Auditor General of Our Plantations, or his Deputy. That all fuch Ordinances be tranfmitted by you within Six Months after their pafTing, or fooner if Opportuniiy offers to Us, by One of Our Princi- pal Secretaries of State, and Duplicates thereof to Our Commifllonefs for Trade and Plantations for their Information; that they be abftraftcd in the Margents, and accompanied with very full and particular Obfervations upon each of them, that is to fay, whether the fame is introdudive to a new Law, or does repeal a Law then before in being; and you are alfo to tranfmit in the fulleft Manner the Reafons and Occafion for enafting fuch Ordinances, together with fair Copies of the Journals of the Proceedings of the Council, which you arc to require from the Clerk of the faid Council. 11. In the Confideration of what may be neceffary to be provided for by I^av/ within our faid Province, as created and eflablifhed by the aforefaid Act, intituled, ** An Aft for making more efFcftual Provifion for the Go- « vernment of the Province of Quebtc, in North America," a great Variety of important Objefts hold thcmfelvcs forth to the Attention of the Le- giQative Council. 1 2. The Eftabliihment of Courts, and a proper Mode of adminiftering Civil and Criminal Juftice, throughout the whole Extent of Our Province, according to the Principles declared in the faid Aft, " for making more " efFeftual Provifion for the Government thereof," demand the grcateft Care and Circumfpeftion ; for as on the one Hand it is Our gracious Pur- pofe conformable to the Spirit and Intention of the faid Aft of Parlia- ment, that our Canadian Subjefts fhould have the Benefit and Ufe of their own Laws, Ufages, and Cuftoms, in all Controvcrfies refpefting Titles of Land, and the Tenure, Defcent, Alienation, Incumbrances, and Settlement of Real Eftates, and the Diftribution of the Perfonal Property of Perfons dying inteftate ; fo on the other Hand it will be the Duty of the Legiflative Council to confidcr well in framing fuch Ordinances, as may be neceflTary for the Eftabliihment of Courts of Juftice, and for the better Adminiftratioii of Juftice, whether the Laws of England may not be, if not altogether, x. leaft in Part, the Rule for the Dectfion in all Cafes of Perfonal Aftions grounded upon Debts, Promifes, Contrafts, and Agreements, whether of a Mercantile or other Nature, and alfo of Wrongs proper to be com- pcnfated in Damages, and more efpecially where Our natural-born Sub- jefts of Great Britain, Ireland, or Our other Plantations, refiding at C^iie- rai viUle ion niin ^fucl [lent, ire tafte I W \ Neceflity ice for re- ment, and that there tion there- ies, exprefs Our Heirs he Support eftedi and ; Operation igdom, and and audited Vionths after Our Princi- niflionefs for ra6ted in the vations upon ) a new Law, tranfmit in 1 Ordinances, ' the Council, rovided for by the aforcfaid n for the Go- i great Variety in of the Le- admin'iftering [Our Province, making more id the grcateft gracious Pur- lA of Parlia- id Ufe of their iaing titles of ind Settlement :rty of Perfons 'the Legiflative ay be neceffary Adminiftration It altogether, at irfonal AtVions Its, whether ot ;r to be com- jral-born Sub- ifiding at Ciue- bec, ( 41 ) \ec, or who may refort thither, or have Credits or Property within the iame, may happen to be either Plaintiff or Defendant in any Civil Suit of fuch a Nature. 13. Security to Perfonal Liberty is a fundamental Principle of Juftice 111 all free Governments and the making due Provifion for that Purpofc i an Objeft the Legidature of Quebec ought never to lofe Sight of; nor in they follow a better Example than that which the Common Law of ^s Kingdom hath fet in the Provifion made for a Writ of Habeas Cor- which is the Right of every Britilh Subjeft in this Kingdom. 14. With regard to the Nature and Number of the Courts of Juftice, bich it may be proper to eftablifli, either for the whole Province at large, ' feparately for its Dependancies, and the Times and Places for holding jC laid Courts, no certain Rule can be laid down in a Cafe, in winch the |dgment muft, in many Refpefts at leaft, be altogether guided by Circum- ices of local Convenience and Confideration. 15. In general it may be proper that there fhould be a Superior or §41- 'mc Court of Criminal Juftice and Jurifdidtion, for the Cognizance of all s of the Crown, and for the Trial of all Manner of Offences v/hatfo- ^, to be held before the Chief Juftice for the Time being, at fuch Times Places as fhall be moft convenient for the due and fpeedy Admi- tion of Juftice, and the preventing long Imprifonments, the faid ft to be called and known by the Name of the Court of King's Bench j for the more orderly Eftablifhment and Regulation of Courts of Civil "diftion, the Province of Quebec, as limited and bounded by the afore- A(5t of Parliament " for making more efFeftual Provifion for the fovcrnirent of the Province of Quebec, in North America," be divided Two Diftrifts, by the Names ot Quebec and Montreal, each Diftrift e limited and bounded in fuch Manner as (hall be thought bell adapted he Objeft of the Jurifdiftion to be eftablilhed therein j that there be lilhed in each of the faid Diftrifts a Court of Common Pleas, to be at fuch Times and Places as Ihall be judged moft convenient, and to full Power, Jurildiftion, and Authority, to hear and determine all Civil and Adlions cognizable by the Court of Common Pleas in Weftminfter , according to the Rules prcfcribed by the faid A6t of Parliament, " for king more efiedtual Provifion for the Government of the Province Quebec, in North America," and according to fuch Laws and Ordi- s as fhall from Time to Time be cnaded by the Legiflature of the rovince, in Manner therein direfted j that there be Three Judges in of the faid Courts of Common Pleas, that is to fay. Two of Our al-born Subjefts of Great Britain, Ireland, or Our other Plantations, ne Canadian, and alfo One Sheriff appointed for each Diftrift ; that es the foregoing Courts of Criminal and Civil Jurifdiftion for the Pro- l^e at large, there be alfo an inferior Court of Criminal and Civil Jurif- Tion in each of the Diftridls of the Illinoii, St. Vincenne, Detroit, pilimakinac, and Gafpee, by the Names of the Court of King's Bench 'fuch Diftiift, to be held at fuch Times as fhall be thought moft con- sent, with Authority to hear and determine in all Matters of a Criminal re according to the Laws of England, aftd the Laws or the Province Rafter to be made and palled, and in all Civil Matters adcording to the L Rules VI f ( 42 ) Rules prefcribed by the aforefaid A61 of Parliament, " for making morp " efFedual Provifum for the Government of Quebec in North Ameiicii" that each of the Hiid Courts fhall confift of One Judge, being a natural born Subjeft of Great Britain, Ireland, or Our other Plantations, and of One other Perfon, being a Canadian, by the Name of Affiftant or Ad'cffor, to give Advice to the Judge in any Matter when it may be neceflary, but to have no Authority or Power to atteft or iffue any Proccfs, or to give- any Vote in any Order, Judgment, or Decrees; that the faid Judges, fo to be appointed as aforefaid for each DiflriiSt, fhall have the fame Power and Authority in Criminal Cafes as is vefted in the Chief Juftice of Out fdid Province, and alfo the fame Power and Authority in Civil Cafes a^ any other Judge of Common Pleas within Our faid Province, excepting only that in Cafes of Treafon, Murder, or other Capical Felonies, the fait! Judges Ihall have no other Authority than that of Arreft and Commir- ment to the Gaols of Quebec or of Montreal, where alone Offenders in fuch Cafes fhall be tried before Our Chief Juflice ; that a Sheriff be appointed in each of the faid Dillri<5ls for tlie Execution of Civil and Criminal Procefs; that the Governor and Council (of which, in the Abfence of t'he Governor and Lieutenant Governor, the Chief Juftice is to be Prefident) fhall be a Court of Civil Jurifdidtion for the hearing and determining all Appeals from the Judgment of the other Courts, where the Matter in Difpute is above the Value of Ten Pounds -, that any Five ot the faid Council, with the Governor, Lieutenant Governor, or Chict Juflice, fhall conftitute a Court for that Purpofe, and that their Judgment fhall be final in all Cafes not exceeding the Value of £. 500 Sterling, in which Cafes an Appeal from their Judgment is to be admitted to Us in Our Privy Council ; It is however Our Will and Pleafure, that no Appeal be allowed, unlefs Security be firft duly given by the Appellant, that he will efFedlually profecute the fame, and anfwer the Condemnation, as alfo pay fuch Cofts and Damages as fhall be awarded by Us, in cafe the Sentence be afHrmed : Provided neverthelefs, where the Matter in Queflion relates to the taking or demanding any Duty payable to Us, or to any Fee of Office, or Annual Rents or other fuch like Matter or Thing, where the Rights in future may be bound, in all fuch Cafes Appeal to Us in Our Privy Council is to be admitted, though the immediate Sum or Value fo appealed for be of lefs Value : And it is Our further Will and Pleafure, that in all Cafes where Appeals are admitted unto Us in Our Privy Council, Execution be fufpended until the final Determination ot ! fuch Appeal, unlefs good and fufficient Security be given by the Appellee, r> make ample Reftitution of all that the Appellant ihall have lofl by Means of fuch Decree or Judgment, in cafe, upon the Determination of fuch Appeal, fuch Decree or Judgment fhould be reverfed, and Reftitii- tion awarded to the Appellant j Appeals unto Us in Our Privy Council are alfo to be admitted in all Cai^s of Fines impofed for Mifdemeanors, provided the Fines fo impofed amount to or exceed the Sum of /. 10c Sterling, the Appellant firfl giving good Security that he will elFcduall) profecute the fame, and anfwer the Condemnation, if the Sentence bj which fuch Fine was impofed in Quebec be affirmed. 16. It U Our Will and Pleafure that all Commiffions to be ?! anted b) ( 43 ) making morr th Ameiicaj" »eing a natural tations, and of mt or Adl-ffor, neceflary, buc rfs, or to give iiid Judge;;, fo fame Power uftice of Our Civil Cafes a.^ ince, excepting onies, the laici and Comniit- le Offenders in that a Sheiifi cution of Civil which, in tlic "hief Juftice is the hearing and Courts, where that any Five oi :rnor, or Chiet their Judgmenr $00 Sterling, m mitted to Us in , that no Appeal ppellant, that he mnation, as alfo Us, in cafe the itter in Queftion or to any Fee of r Thing, where ppeal to Us in nediate Sum or urthcr Will and into Us in Our letermination of by the Appellee, tall have loll by Determination of :d, and Reftitu- • Privy Council r Mifdemeanors, Sum of £. ICC : will effcftually the Sentence bj be granted b) jou to any Perlbn or Perfons to be Judges or Juftices of the Peic?, or otner neceflary Officers, be granted during Pleafure only. ; 17. You fliall not difplace any of the Judges, Juftices of the Peace, or <^her Officers or Minifters, without good and fufficicnt Caufc, which you ^11 fignify in the fulleft and mod diftindt Manner to Us by One of ur Principal Secretaries of* State, and to Our Commiirionero for Trade id Plantations, for their Information. 18. And whereas frequent Complaints have heretofore been made of jjgreat Delays and undue Proceedings in the Courts of Juftice in fevcral of ^ur Plantations, whereby many of Our good Subjefts have very much ifferedi and it being of the greateft Importance to Our Service, and to ie Welfare of Our Plantations, that Juftice be every where fpeedily and luly adminiftered, and that all Diforders, Delays, and other undue Prac- Ices in the Adminiftration thereof, be effedtually prevented ; We do parti- jlarly require you to take efpecial Care, that in all Courts where you are (hall be authorized to prefide Juftice be impartially adminiftered ; and ifiat in all other Courts, eftablifhed or to be eftablifiied within our laid Pro- i^nce, all Judges, and other Perfons therein concerned, do likewife perform jjieir feveral Duties without any Delay or Partiality. *# 19. You are to take Care, that all Writs be ifliied in Our Name through- it the Province under your Government. 1 20. The Eftablifliment of proper Regulations in Matters of Ecclefiaf- eal Concern is an Objedl of very great Importance, and it will be your nifpenfable Duty to lofe no Time in making fuch Arrangements in regard ^ereto as may give full Satisfaction to Our new Subjefts in every Point I which they have a Right to any Indulgence on that Head, always re- membering that it is a Toleration of the' free Exercife of the Religion of le Church of Rome only to which they are entitled, but not to the powers and Privileges of it as an eftablilhed Church, for that is a Prefe- ence which belongs only to the Proteftant Church of England. 21. Upon thefe Principles, therefore, and to the End that Our juft Supremacy in all Matters Ecclefiaftical as well as Civil may have its due ^cope and Influence, it is Our Will and Pleafure, Firft, That all Appeals to, or Correfpondence with, any foreign Ecclefi- lical Jurifdiftion, of what Nature or Kind foever, bs abfolutely for- jidden, under very feverc Penalties. Secondly, That no Epifcopal or Vicarial Powers be exercifed within Our faid Province, by any Perfon profefllng the Religjon of the Church of Rome, but fuch only as are eflTcntially and indifpenfably neceffary to V the free Exercife of the Romilh Religion ; and in thofe Cafes not without a ' Licence or PermilTion from you, under the Seal of Our faid Province, for and during Our Will and Pleafure, and under fuch other Limitations and Reftrid^ions as may correfpond with th*e Spirit and Provifion of the Aft of Parliament " for makine more efFeftual Provifion for the Government ** of the Province of Quebec j" and no Perfon whatever is to have Holy Orders conferred upon him, or to have the Cure of Souls, without a Li- cence for that Purpofe firft had and obtained from you. Thirdly, !l ' ( 44 ) t • ■*! 11^ iA Thirdly, That no Perfon profefling the Religion of the Church of Rome be allowed to fill any Ecclefiaftical Benefice, or to have or enjoy any of the Rights or Profits belonging thereto, that is not a Canadian by Birth (fuch only excepted as are now in Poflcflion of any fuch Benefice) and that is not appointed thereto by Us, or by or under Our Authority ; and that all Right or Claim of Right, in any other Perfon whatever, to no- minate, prefent, or appoint to any vacant Benefice, other than fuch as may lay Claim to the Patronage of Benefices as a Civil Right, be abfolutely aboliihed : No Perfon to hold more than One Benefice, or at lead not mere than can realbnably be ferved by One and the fame Incumbent. Fourthly, That no Perfon whatever, profefling the Religion of the Church of Rome, be appointed Incumbent of any Parifh, in which the Majority of the Inhabitants fliall folicit the Appointment of a Proteflant Minifter ; in fuch Cafe the Incumbent fhall be a Proteflant, and entitled CO all Tythes payable within fuch Parilh ; but neverthelefs the Roman Catholics may have the Ufe of the Church for the free Exercife of their Religion, at fuch Time as may not interfere with the Religious Worfliip of the Protcftants: And in like Manner the Proteflant Inhabitants in every Parifh, where the Majority of Parifhioners are Roman Catholics, fliall notwithflanding have the Ufe of the Church for the Exercife of their Religion, at fuch Times as may not interfere with the Religious Worfhip of the Roman Catholics. . »j- ■( ■ .: -iVrn Fifthly, That no Incumbent profeffing the Religion of the Church of Rome appointed to any Parifh, fhall be entitled to receive any Tythes for Lands or Poflieffions occupied by a Proteflant, but fuch Tythes fliall be received by fuch Perfons as you fliall appoint, and fhall be refervcd in the Hands of Our Receiver General as aforefaid, for the Support of a Proteflant Clergy in Our faid Province, to be aftually refident within the fame, and not otherwife, according to fuch Diredtions as you fhall receive from Us in that Behalf; and in like Manner all growing Rents and Pro- fits of a vacant Benefice fhall during iuch Vacancy be rcferved for and applied to the like Ufes. Sixthly, That all Perfons profefling the Religion of the Church of Rome, which are already pofTeflfcd of, or may l.ereafter be appointed to any Ecclefiaflical Benefice, or who may be licenfed to exercife any Power or Authority in refpedl thereto, do take and fubfcribe, before you in Council, or before fuch Perfon as you fhall appoint to adminifler the fame, the Oath required to be taken and fubfcribed by the aforefaid A61 of Par- liament pafTed in the Fourteenth Year of Our Reign, intituled, " An Adt " for making more efFcftual Provifion for the Governnrent of the Pro- " vince of Quebec in North America." Seventhly, That all Incumbents of Parifhes fhall hold their refpedlive Benefices during good Behaviour, fubjeft however, in Cafes of any Conviflion for Criminal Offences, or upon due Proof of feditious Attempts to diflurb the Peace and Tranquillity of Our Government, to be deprived or fufpended by you, with the Advice and Confent of a Majority of Our faid Council. Eighthly, That fuch Ecclefiaftics as may think fit to enter into the ; holy fit 41 le Church of lave or enjoy a Canadian by uch Benefice) ur Authority ; latever, to no- in fuch as may be ablblutely >r at lead not icumbent. Jigion of the in whicli the a Proteftant , and entitled s the Roman ercife of their nous Worfliip itants in every atholics, fliail •cife of their [ious Worfliip he Church of ly Tythes for rythes fliall be )e referved in Support of a ;nt within the 1 fliall receive '.nts and Pro- Tved for and e Church of appointed to : any Power efore you in Iter the fame, Aft of Par- i, " An A(5t of the Pro- ir relpedtive ly Conviftion todifturb the or fufpended d Council. ( 45 ) oly Sute of Matrimony (hall be releafed from all Penalties to which they have been fubjedled in fuch Cafes, by any Authority of the See 11 )i in Churches and Chriftian Per- .)*-•■ of Rome. Ninthly, That Freedom of Burial of the Dead Church Yards be allowed, indifcriminately, to every |uafion. "■^ Tenthly, That the Royal Family be prayed for in all Churches and Places of Holy Worfhip, in fuch Manner and Form as are ufcd in this ICingdom, and rhat our Arms and Infignia be put up, not only in all fuch Churches and Places of Holy Worfliip, but alfo in all Courts of Juftice j ;*nd that the Arms of France be taken down in every fuch Church or ;iourt, where they may at prefent remain. Eleventhly, That the Society of Romifli Priefts called the Seniina- Lries of Quebec and Montreal, fliall continue to pofTefs and occupy their Uloufes ot Refidence, and all other Houl'es and Lands to which they v.ere pawfully entitled on the 13th of September 1759; and it fhall be lawful for thofe Societies to fill up Vacancies, and admit new Mentibers, according to the Rules of their Foundations, and to educate Youth in order to qua- hfy them for the Service of Parochial Cures, as they ftiall become vacant : It is neverthelels Our Will and Pleafure, that not only thefe Seminaries, >ut all other Religious Communities, fo long as the fame fhall continue, Jbe fubjedl to Vifuation by you Our Governor, or fuch other Perfon or "^erfons as you fliall appoint for that Purpofe, and alfo fubjedl to fuch Rules ,nd Regulations as you fliall,* v/ith the Advice and Confent of Our Council, ink fit to eftiablifli and appoint. i^iHj-.! Twelfthly, It is alfo Our Will and Pleafure, that all other Religious Seminaries and Communities (that of the Jefuits only excepted) do for the ^ prefent, and until We can be more fully informed of the true State of them, and how far they are or are not effential to the free Exercile of the Religion of the Church of Rome, as allowed within Our faid Province, remain upon their prefent Eftablifliment ; but you are not to allow the Ad- miffion of any new Members into any of the faid Societies or Communities, ithe Religious Communities of Women only excepted, without our exprefs Orders for that Purpofe : That the Society of Jefuits be fuppreflied and difTolved, and no longer continued as a Body Corporate and Politic, and 11 their Righrs, Pofleflions, and Property fliall be vefted in Us for fuch f Purpofes as We may hereafter think fit to diredl or appoint ; but We think ■ fit to declare Our Royal Intention to be, that the prefent Members of the (faid Society, as efl:ablilhed at Quebec, fliall be allowed fufficient Stipends and Provifions during their natural Lives : That all Milfionaries amongfl: .the Indians, whether eft:abliflied under the Authority' of, or appointed by the Jefuits, or by any other Ecclefiafliical Authority cf the Romifli Church, .be withdrawn by Degrees, and at fuch Times, and in fuch Manner, as fliall -be fatisfadory to the laid Indians, and confiflient with the Public Safety, and Proteftiant Miincnaries appointed in their Places : That all Eccle- iiaftical Perfons whatfoever, of the Church of Rome, be inhibited, upon Pain of Deprivation, from influencing any Perfon in the making a Will, irom inveigling Proteftants to become Papifts, or from tampering with - .. M them ( 46 ) tliem in Matters of Ueligion, and that the Romifli Priefts be forbid to in- veigh in their Sermons againft the Religion of the Church of England, or to marry, baptize, or vifit the Sick, or bury any of our Proteftant Subjefts, if a Proteftant Minifter be upon the Spot. 22. You are at all Times, and upon all Occafions, to give every Coun- tenance and Proteftion in your Power to fuch Proteftant Minifters and Schoolmafters as are already eftabiiihed within Our faid Province, or may hereafter be fent thither, to take Care that liich Stipends and Allowances as we may think fit to appoint for them be duly paid : That the Churches already appropriated, or which may hereafter be appropriated, to the Ufe of Divine WorHiip, according to the Rites of the Church of England as by Law eftabliflied, be well and orderly kept ; and as the Number of Proteftants fhall by God's Blefling incrcafe, to lay out new Parilhes in convenient Situations, and {et apat't and appropriate proper Diftriifts of Land therein for the Scite of Churches and Parfonage Houfes, and for Glebes for the Minifters and Schoolmafters. 23. You are to take efpecial Care that God Almighty be devoutly and duly ferved in all Proteftant Churches and Chapels throughout our faid Province, in which Divine Service is performed, according to the Rites of the Church of England, the Book ot Common Prayer, as by Law efta- biiihed, be read each Sunday and Holiday, and the Blefled Sacrament duly adminiftered. 24. You are not to prefer any Proteftant Minifter to any Ecclefiaftical Benefice in the Province under your Government, widiout a Certificate from the Right Reverend Father in God the Lord Biftiop of London, of his being comformable to the Dot^rine and Difcipline of the Church of England, and of a good Life and Converfation ; and if any Perfon here- after preferred to a Benefice fliall appear to you to give Scandal, either by his Dodrine or Manners, you are to ufe the bcft Means for his Re- moval. 25. You are to give Orders forthwith that every Proteftant Minifter within your Government be one of the Veftry in his refpeftive Parifli, and that no Veftry be held without him, except in cafe of Sicknefs, or after Notice of a Veftry fummoned he omit to come. 26. And to the End that the Ecclefiaftical Jurifdiftion of the Lord Bifhop of London may take Place in Our Province under your Govern- ment, as far as conveniently may be. We do think fit that you give all Countenance and Encouragement to the Exercife of the fame, excepting only the collating to Benefices, granting Licences for Marriages and Pro- bates of Wills, which We have referved to you Our Governor, and to the Commander in Chief of Our faid Province for the Time being. 27. And We do further direft, that no Schoolmafter who fhall arrive in Our laid Province from this Kingdom be henceforward permitted to keep School, without the Licence of the laid Lord Biftiop of London j and that no other Perfon now there, or that fliall come from other Parts, fhall be admitted to keep School in your Government, without your Licence firft obtained. . . • . , 28. You s c< lo^ 10618 enciii brbid to in- £ngland, or inc Subjeds, :very Coun- inifters and ice, or may Allowances Ke Churches to the Ufe of England Number of Parilhes in Diftrifts of jfes, and for devoutly and out our faid to the Rites by Law efta- i Sacrament Ecclefiaftical a Certificate London, of e Church of Perfon here- al, either by for his Re- tant Minifter Parifli, and lefs, or after of the Lord rour Govcrn- you give all le, excepting tes and Pro- , and to the Ihall arrive [permitted to )ndon; and Parts, fhall ^our Licence 28. You ( 47 ) ' 18. You are to take efpecial Care that a Table of Marriages, ella- Wilhed by the Canons of the Church qf England, be hung up in all Places of public Worfhip, according to the Rites of the Church of England. ' ijlfl. And it is Our further Will and Plcafure, that in order to fupprefs M Such as in you lies every Species of Vice and Immorality, you forth- win do caufe all Laws already made againft Blafphetny, Profanenefs, A<^tery, Fornication, Polygamy, Incefl:, Profanation of the Lord's Day, " "'iiring, and Drunkennefs, to be vigoroufly put in Execution in every of your Government, and that you take due Care tor the Punilh- of thefe and every other Vice and Immorality by Prefentment, upon to be made to the Temporal Courts by the Churchwardens of the Parilhes, at proper Times of the Year to be appointed for that )fe ; and for the further Difcouragement of Vice, and Encouragement |irtue and good Living (that by fuch Examples the Infidels may be, and perfuaded to embrace the Chriftian Religion) you are not to any Perfons to Public Trulls and Employments in the Province under youi^'lGovernment, whofe ill Fame and Converfation may occafion Scan- j6*|The Extenfion of the Limits of the Province of Quebec necefllirlly "jJrth your Attention to a Variety of new Matter and new Objects of CdlWeration ; the Protection and Controul of the various Settlements of Canif^n Subjefts, and the Regulation of the Peltry Trade in the upper ■or Jnll^ior Country on the one Hand and the Prote(5lion of the Filheries in tfc^Gulph of St. Lawrence, and on the Labrador Coaft, on the other 'Han^ point to Regulations that require Deliberation and Difpatch. The liiftitution of inferior Judicatures with limited Jurifdiftion in lal and Civil Matters for the Illinois, Pofte Saint Vincenne, the De- [iflilimakinac and Gafpee, has been already pointed out, and the jtment of a Superintendant at each of diofe Pods is all that is fur- :efrary for their Civil Concerns ; but it will be highly proper that nits of each of thofe Polls, and of every other in the interior f, fhould be fixed and afcertained, and that no Settlement be al- eyond thofe Limits, feeing that fuch Sctdements muft have the ^ence to difguft the Savages, to excite their Enmity, and at Length deftroy the Peltry Trade, which ought to be chcriflied and jcd by every Means in your Power. is Our Royal Intention that the Peltry Trade of the interior (hould be free and open to all Our Subjefts, Inhabitants of Our Colonies, who fhall, purfuant to what was directed by (pilif Royal Proclamation of 1763, obtain Licences from the Go- verifiini of any of Our faid Colonies for that Purpofe, under Penal- tiea 1^, obferve fuch Reguladons as Ihall be made by Our Legiflature of '^ *^c for that Purpofe -, thefe Regulations, therefore, when eftablifhed, ||e made public throughout all Our American Pofleflions, and they lave for their Objeft the giving every poffible Facility to that Trade |the Nature of it will admit, and as may confift with fair and juft p towards the Savages with whom it is carried on : The fixing ftated tend Places for carrying on the Trade, and adjufting Modes of fetding ] of the Prices of Goods and Furs, and above all the reftraining the Sale < if.. 1 I C 48 ) Sale of Spirituous Liquors to the Indians, will be the moft probable and ef fedlual Means of anl'wering tlic B'nds propofed : Thefe, and a Variety of other Regulations, incident to the Nature and Purpofe of the Peltry Trade in the interior Country, are fully dated in a Plan propofed by Our Com- milTioners for Trade and Plantations in 1764, a Copy of which is hereunto annexed, and which will fervc as a Guide in a Variety of Cafes, in whicli it may be necefTary to make Provifion by Law for that important Branch 01 the American Commerce. jj. The Filheries on tlie Coafl: of Labrador, and the I (lands adjacoir "on Account Seamen, upos thereto, are Objefts of the greutcft Importance, not only ( the Commodities they produce, but alfo as Nurferies of whom the Strength and Security of Our Kingdom depend. _34. Juftice and Equity demand that the real and actual Property andPi- feflion of the Canadian Subjedls on that Coad fhould be prcferved entird and that they Ihould not be molefted or hindered in the Excrcife of a: fedtntary Filheries they may have eftablidicd there. 35. Their Claims, however, extend to but a fmall Diftrid of the C(e on the gre-iLefl: Part of which Diftridl a Cod Filliery is dated to be 1., pradlicablf;. 36. On ill fuch Parts of the Co:id where there are no Canadian PoC" hons, and more efpecially where a valuable Cod Fiihery may be carrictl ( it will be your Duty to make the intereds of Our Britiih Subjedls go; out to fifli there in Ships fitted out from Great Briti.a the Firli Object your Care, and, as far as Circumdances will admit, to edablifli on t Coad the Regulations in Favour of Britifli Fidiing Ships, which have b: fo wifely adopted by the A61: of Parliament pafled in the Reign of K William the Third, for the Ehcouragement of the Newfoundland Filli. and you are on no Account to allow any Pofleflion to be taken, or fe;l tary Fidieries to be edablilhed, upon any Parts of the Coad that are already private Property, by any Perfons whatever, except only fucli fliall produce Annually a Certificate of their having fitted out from k Port in Great Britain. 37. We have mentioned to you the Ff "•leries upon the Coad of L: dor as the main Objeft of your Attenti( ; but the Commerce canit; ' with the Savages of that Coad, and tn ■ State and Condition oft ■ Savages, deferve fome Regard : The Society of Unitas Fratrum, urgiv a laudable Zeal for promoting Chridianity, has already, under Our Pi tion, and with Our Permifilon, formed Edablidiments in the Northern ; of that Coad, for the Purpofes of civilizing the Natives, and convf them to tiie Chiidian Religion ; their Succefs has been anfwerable to: Zeal} and it L Our cxpicfs Will and Pleafure that you do give themf Countenance nd Encouragement in your Power, and that you do nc low any Flt.bhfliment to be made but with their Confent, witiir Limits of their Pofleflions. 38. By Our Commifllon to you under Our Great Seal of Great B you are authorized an 1 impowered, with the Advice and Confent ( Council, to fettle and agree widi the Inhabitants of Our laid Provir ^( hert PJea Difr tifca in ai dicia Plcai afore a due tifed dei^tl aiyi for ^ fucf thei^ ■m v^rnSr faid ir, Works St.La\| obable and ef d a Variety of e Peltry Trade , by Our Com- lich is hereunto Zafes, in whicli >rtant Branch m Irtands adjacciT on Account o »f Seamen, upo: i. •ropevty andl'c ii-clervcd entird Excrcile of x. Irid of the Co:: is ilatcd to be i. o Canadian Pol^ may be carried > tilh Subjefts go;: the Firli Objcci < eftablifli on t: , which have b; iga ot K "oundland VWh- taken, or it:. Coaft that are xcept only liii^ ttcd out from 1^ the Coaft of U: ommerce cavriu Condition ot ; . Fratrum, urg^^ , under Our Pi the Northern ; tives, and convt: en anfwerabk to: do give themf that you do nc Confent, wit'm: o )S the be IS in lU ( 49 ) 4[^ebec, for fuch Lands, Tenements, and Hereditaments as now arc or fliall hereafter be in Our I»owcr to difpofe of; it is therefore Our Will and Pleafure, that all Lands which now are or heuafter may be fubjca: to Our Difpoial, be- «^iiinted in Kief or Seigneurie, in like Manner as was prac- tifed antecedent to the Conqueft of the faid Province, omitting, however, in any (irant that Ihall be pulFed of fuch Lands, the Refervation of any ju- dicial Powers or Privileges whatever : And it is Our further Will and Plealiirc, that all Grants in I-'ief or Seigneurie, fo to be paffed by you as aforefaid, be made fubieft to Our Royal Ratification or Difallowance, and a tide Kegiltry thereof within a limited Time, in like Manner as was prac- tlMliii regard to Grants and ConcelTions held in Fief and Seigneurie un- Ithe Frencli Government. It is Our Will and Plealure, however, that no Grants be made of aiids on which there is any confiderable Growth of White Pines fit LiUing Our Royal Navy, and which lie convenient for Water Car- ', but that you do caufe all fuch Lands to be fet apart for Our life, and r I^egulations made, and Penalties inflifted, to prevent Trefpaffes on Trads, and the cutting down or dcftroying the Trees growing 11. '4iaL And whereas it appears from the Reprefentations of Our late Go- 'V^rh|r of the Diftrid of Trois Rivieres, that the Iron Works at St. Mau- riic^lln that Dillridl, are of great Confcquence to Our Service, it is there- fore Our Will and Pleafure that no Part of the Lands upon which the faid , Iron Works were carried on, or from whicli the Ore ufed in fuch Ws in relation to their Letters ; and you arc further to advife all lers of Ships, that they do fink all Letters . In cafe of Danger, in the iner before mentioned. . . 1.9. And whereas the Merchants and Planters in Our Plantations in lerica have in Time of War correfponded and traded with Our Enemies, carried Intelligence to them, to the great Prejudice and Hazard of Our Plantations, you are therefore by all poflible Methods to endeavour to ler fuch Trade and Correfpondence in Time of War. 50. Whereas it is abfolutely neceflary that We be exaftly informed of the ite of Defence of all Our Plantations in America, as well in relation to Stores of War that are in each Plantation, as to the Forts and Fortifica- s there, and what more may be neceflary to be built tor the Defence and Sc- ity of the fame, you are as foon as poflible to prepare an Account thereof relation to Our faid Province in the mofl: particular Manner ; and you fj' therein to exprefs the prefent State of the Arms, Ammunition, and rr Stores of War belonging to the faid Province, either in public Ma- 'nes or in the Hands of private Perfons, together witlvthe State of all ■es cither already fortified, or that you judge necellary to be fortified the Security of Our faid Province ; and you arc to tranfmit the faid ounts to Us, by One of Our Principal Secretaries of State, and alfo plicatcs thereof to Our Commiflloners for Trade and Plantations, for ir Information, and alfo a Duplicate thereof to Our Mailer General or 'irincipal Officers of Our Ordinance, which Accounts are to exprefs the 'articulars of Ordnance, Carriages, Balls, Powder, and other Sorts of rms and Ammunition in Our Public Stores j and fo from Time to Time what fhall be fent to you, or bought with the Public Mone;^, and to cify the Time of the Dilpolal, and the Occafion thereof: And you are Half- V I ( 52 ) , Balf-yearly to tranfmit a general Account of the State of the Fortifications and Warlike Stores fpeciiied in the Manner above mentioned. 51. And in cafe of any Diftrefs of any other of Our Plantations you ihall, upon Application of the refpeftivc Governors thereof unto you, aliiit them witli what Aid the Condition and Safety of Our Province under ycur Government can fpare. 52. If any Tiling fliall happen which may be of Advantage or Security to Our Province under your Government, which is not herein or by your •Commifllon provided for, We do hereby allow unto you, with the Advice and Confcnt of Our Council, to take Order fur the prefent therein, giving unto Us, by One of Our Principal Secretaries of State, fpeedy Nucice theieof, that you may receive Our Ratification, if We fhall approw- the ■fiime: i^rovided always, that you do nor, by Colour of any . owtr 01 Au- thority hereby given you, commence or declare War, without Oui ' K*^ow- ledge and particular Commands therein; and you are alfo to tianlhuc a Duplicate of fuch Notice as afovefaid to Our Commiflloners for i'raue aad Plantations for their Information. • \ 53. And whereas W^e have, by the Firft Article of thefe Our Inftruc- tions to you, direfted and appointed that your chief Refidence Ihail be at Quebec, you are neverthelefs frequently to vifit the other Parts of your Go- vernment, in order to infped the Management of all Public Affairs, and thereby the better to take Care that the Government be fo adminiftered that no diforderly Practices may grow up contrary to Our Service and theWel- fare of Our Subjefts. 54. And whereas great Prejudice may happen to Our Service, and the Security of the Province, by your Abfence from thofe Parts, you are not, upon any Pretence whatfoever, to come into Europe, without having firft obtained Leave for fo doing from Us, under Our Sign Manual and Signet, or by Our Order in Our Privy Council ; yet neverthelefs in cafe of Sick- nefs you may go to South Carolina, or any other of our Southern Planta- tions, and there ftay fuch a Space of Time as the Recovery of your Healdi may abfolutely require. 55. And whereas We have thought fit by Our Commifllon to diredt that in cafe of your Death or Abfence from Our faid Province, and in cafe there be at that Time no Perfon within Our faid Province commiflionated or appointed by Us to be Our Lieutenant Governor or Commander in Chief, that the eldeft Councillor, being a natural born Subjeft of Great Britain, Ireland, or the Plantations, and profefling the Proteftant Religion, who fliall be, at the Time of your Death or Abfence, refiding within Our i'aid l^rovince under your Government, fhall talce upon him the Adminif- tration of Government, and execute Our faid Commifllon and Infl:ruftions, and the feveral Pc.-vers and Authorities therein direfled : It is neverthelefs Our exprefs Will and Pleafure that in fuch Cafe the faid Prefident fhall forbear to pafs any Adl or Adls, but what are immediately neceflTary for the Peace and Welfare of the faid Province, without Our particular Order for that Purpofc. 56. And whereas We are defirous that a proper Provifion fhould be made for the Support of Our Government within Our faid Province of Quebec, ' . - - . - , .. Wc 4\ t-t> ^'^^■ :'^'».-. ( S3 ) antations you ito you, aiiiil * ce under y<;u- TC or Sccurit? in or by your th the AcJvicc herein, giving "ptedy Notice 1 approve the ower or Au- it Our' Know- to tiaiilnnc a for 'I'rado iuid Our Inftruc- nce Ihail be at ts of your Go- Affairs, and miniftered that : and th^Wel- rvicc, and the 5, you are not, ut having firft ual and Signet, 1 cafe of Sick- luthern Planta- of your Healdi )n to diredt that ce, and in cafe commiffionated Commander in ibjeft of Great eftant Religion, ing within Our n the Adminif- nd Inftrudtions, leverthelefsOur (hall forbear to r the Peace and 3r that Purpofe. ftiould be made nee of Quebec, . Wc |We do therefore hereby declare it to be Our Royal Intention, that the fol- lowu;;. Annual Salaries and Allowances be difcharged and paid out of any Revenu . cirifing to Us- within the fame, or out of fuch other Monies as jBiall be granted or appropriated to the Ufes and Services of Our faid rovince of Quebec J (that Is to fay) ; • ' • ' .vi : To the Governor, per Annum •— — • — iC* 2,000 To the Lieut. Governor — — — 600 Tothe Chief Juftice — — — 1,200 To Six Judges of Common Pleas, at £. 500 each — 3,000 To the Attorney General — — — 300 To the Clerk of the Crown and Pleas — — lOO To Two Sheriffs, at ;^. 100 each — — — » ooo To the Secretary and Regiftcr — — «- - 400 To the Clerk of the Council — — — 100 To the Surveyor of Lands — — — 300 To the Surveyor of Woods ■^— •*• «. aoo To the Commiffary for Indians — — 300 To the Captain of the Port — — — ^ . »oo To the Naval Officer — — ^--ii "- 100 To the Receiver General of the Revenues — •— 400 (To Twenty-three Councillors, at JT. 100 each — 2,300 |To the Lieut. Governors or Superintendants "I ":-. at the Illinois — — ( Pofte St. Vincenne — — l . /• i Detroit — — _ } atjC- 200 each 1,000 Miffihmakinac — — Gaipce — — — To One Judge of the Inferior Courts of King's Bench and Common Pleas at each of the above Five Polls, at £. 100 each Judge — — — — 500 To an Affiftant or Affeffor at each Poft, at £. 50 per Ann. 250 To a Sheriff for each Diftrift, at £. 20 per Ann. — loo To a Grandvoyer — — _ _^ 2qq To a French Secretary — — 200 To Four Minifters of the Proteftant Church, at ;C.20O per Ann. each — — — — 800 To Two Schoolmaftcrs, at ;^. 100 per Ann. each — 200 To an Allowance to the Perfon Jicenfed to fuperintend the Romilh Church — — 200 To Penfions to the Officers of a Corps of Canadians r employed in the laft War, and difcharged without any Allowance, as follows j viz. To Mons' Rigauville, the Commandant of faid Corps To Five Captains, at /,". 100 each — To Ten Lieutenants, at £. 50 each — To the Commandant of the Savages To Annual Contingent Expences — — 500 500 100 1,000 £' 17.350 M ; > ill! I 54 ) IP All wWch Salaries and Allowances are to cornntjonce oq, and be payable from and after tl^ie Firft Day of May next enfuing. 57. And whereas We are further willing in the beft Manner to provide for the Support of the Government of Our faid Province, by fetting apart a fufficient Allowance to fuch as Ihall be Our lieutenant Governor, Commander in ChieC or Prefident of Our Council fpr the Time being wkhin the fame. Our Will and Pleafure therefore is, that when it fliall happen, that you fhall be abfent from Our faid Province, One foil Moiety of the Salary, and of all Perquifites and Emduments whatfoever, which ^oyld otherwife become due unto you, ftiall during the Time of your Abfence from Our faid Province be paid and fadsfied unto fuch Lieutenant Governor, Commander in Chief, or Prefident of Our Council, who fhall be refident upon the Place for the Time being, which We do hereby order and allot unto him, towards his Maintenance, and for the better Support •of the Dignity of that Our Government. (COPY.) PLAN for the future Management o'" I \lian Affairs, referred to in the Thirty-fecond Article of the ''<..■. lm g Inftruftions. I. 'npHAT the Trade and Commerce with the feverai fribcs of Indians "■■ in North America, under the Proteftion of His Majefty, ihall be free and open to all His Majefty's Subjects, under the feverai Reguladons and Reftriftions hereafter mentioned, fo as not to interfere with the Charter to the Hudfon's Bay Company. 2. That for the better Regulation of this Trade, and the Management of Indian Affairs in general, the Bridfli Dominions in North America be divided into Two Diftrifts, to comprehend and include the feverai Tribes of Jndians mentioned in the annexed Lifts A. and B. 3. That no Trade be allowed with the Indians in the Southern Diftrift, but within the Towns belonging to the feverai Tribes included in fych DiftriA j and that in the Northern Diftrift the Trade be fixed at fo many JPofts, and in fuch Situations, as ihall be thougl.c necelTary. 4. That all Laws now in Force in the feverai Colonies, for regulating Indian Affairs. or Commerce, be repealed. 5. That there be one general Agent or Superintendant appointed by His Majefty for each Diftrift. 6. That the Agent or Superintendant for the Northern Diftrift ihall be ollowed Three Deputies to afllft him in the Adminiftration of Affairs within his Diftrift i and that the Agent or Syperin^ndant for the Southern Diftrid ihjdl be allowed Two Deputies. 7. Tjiat there ihall be a CommiiTary, Interpreter, and Smith, appointed ' ^ • . by he payable T to provide fctting apart t Governor, rime being lien it fliaU foil Moiety )ever, which ime of your 1 Lieutenant il, who fhall hereby order :tter Support [Fairs, referred Inftruftions. les of Indians 1^, ihall be free guladons and the Charter to : Management America be reral Tribes of liern Diftrift, uded in fych E:d at fo many for regulating lointed by His )iftrift Ihall be Affairs within uthern Diftrid lith, appointeil by i 55 y |y his Majefly to refide in the Country of ca?h Tribe, in the Southern BiftriA, and at each Port in the Northern Diftrift. i. That it be recommended to the Society for the Propagation of the -Cfofoel in Foreign Parts to appoint Four Mifllonaries in each Diftrift, to [fe at fuch Places as the Agent or Superintendant for each Diftrift ihall :imend. That the Commiflaries, Interpreters, and Smiths in each Diftrift, under the immediate Direftion and Orders of the Agent or Super- lant, who fhall have a Power of fufpending them in cafe of Mif- iriour j and in cafe of Sufpenfion of a Coramiflary, or of a Vacancy by or Refignation, the Office ftiall be executed until the King's fure is known by one of the Deputies to the Agent or Superin^ It That the faid Agent or Superintendant fhall have the Conduft of blic Affairs relative to the Indians, and that neither the Commander ief of His Majefty's Forces in America, nor any of the Governors ommanders in Chief of any of the Colonies, or Ferfons having Mili- ommands in any of the Forts within each of the faid Diftrifts, do hold eneral Meetings with the Indians, o«* fend any Public Talks to them it the Concurrence of the Agent or Superintendant, unlefs in Cafes of igency, or when the faid Agent or Superintendant may be infome Part of his Diftrift. That the faid Agents or Superintendants do in all Affairs of Poli- nflderation, refpefting Peace and War with the Indians, Purchafe, ds, or other Matters, on which it may be neceffary to hold any ral Meetings with the Indians, advife and aft in Concert wid» d*c mors (or the Governors and Councils, as the Occafion may require) feveral Colonies within their refpeftive Diftrifts ; and that the faid or Superintendants fhall be Councillors extraordinary within each y in their refpeftive Diftrifts, in like Manner as the Surveyor Ge- of the Cuftoms for the Northern and Southern Diftrifts of America. . That the Governor or Commander in Chief of every Colony be ,dji^ed to communicate to the Agent or Superintendant of that Diftrift, which his Government lies, all fuch Information and Intelligence may receive refpefting Indian Affairs, and that the Agents or Super- nts fhall in like Manner communicate to the Governors all Intelli- .geo^e and Information, refpefting the State of Indian Affairs, which may in «i^p|j(e regard the Security and Intereft of the faid Colonies. 1^. That no Order fhall be ifTued by the Governor or Commander in CWpFofany of His Majefty's Colonies, or by any Officer having Military Com- mttid in any Forts within the Indian Country, for ftopping the Trade with any Tribe of Indians, in either of the faid Diftrifts, without the Concur- and Confent of the Agent or Superintendant for Indian Affairs. . That the faid Agents or Superintendants fhall by themfelves, or ^ient Deputies, vifit the feveral Pofts or Tribes of Indians within their tive Diftrifts once in every Year, or oftener as Occafion fhall re- p, to enquire into, and take an Account of the Conduft and Behaviour of ii* ( S6 ) of the fubordlnate Officers at the faid Pofts, and in the Co'untty be- longing to the faid Tribes, to hear Appeals, and redrels all Complaints of the Indians, make the pn^per Prefents, and tranlad all Affairs relative to the laild Indians. 15. That for the maintaining Peace and good Order in the Indian Coun- try, and bringing Offenders in Criminal Cafes to due Punifhment, the faid Agents or Superinccndants, as alfo the Commiffaries at each Poft, and in the Country belonging to each Tribe, be impowered to aft as Juftices of the Peace in their rcfpeftive Diftrifts and Departments, with all Powers and Privileges vcfted in fuch Officers of any of the Colonies, and alfo full Power of conimitdng Offenders in Capital Cafes, in order that fuch Offen- ders may h<: profccuted for the fame ; and that for deciding all Civil Actions, the Commiffaries be impowered to try and determine in a funi- mary Way all fuch Anions, as well between the Indians and Traders, a: between one Trader and another, to the Amount of £. 10 Sterling, wit!; the Liberty of Appeal to the chief Agent or Superintendant, or his Deputy, who (hall be empowered upon fuch Appeal to give Judgment thereoii, which Judgment Ihall be final, and Procefs iffue upon it, in like Mannc; as on the Judgment of any Court of Common Pleas eftabliflied in anyo: the Colonies. 16. That for the eafy Attainment of Juftice, the Evidence of Indian; under proper Regulations and Rellriftions, be admitted in all Criminals well as Civil Caufcs that ffiall be tried and adjudged by the faid Agents t 5uperintendants, or by the faid Commiffaries, and that their Evidence l> likewife admitted by the Courts of Juftice in any of His Majefty's Cfr lonies or Plantations, in Criminal Cafes, fubject to the fame Pains ar. Penalties, in Cafes of falfe Evidence, as His Majefty's Subjeds. . j 17. That the faid Agents or Superintendants fhall have Power to co: 'fer fuch Honors and Rewards on the Indians as fhall be n' ceffafy, and granting Commiffions to principal Indians in their refpeftive Diftrifts to; ' War Captains or Officers of other Military Diftindlions. 18. That the Indians of each Town, in every Tribe in the Soutlr Diftrift, ihall choofe a Beloved Man, to be approved of by the Agent Superintendant for fuch DiftridV, to take Care of the mutual Interefts be: of Indians and Traders in fuch Town j and that fuch Beloved Men, eledted and approved in the feveral Towns, fhall eledl a Chief for r whole Tribe, who fhall conftantly refnle with the Commiffary in t Country of each Tribe, or occafionally attend upon the faid Agent orS perintendant, as Guardian for the Indians, and . Prote£tor of their Rigli -with Liberty tothe. fiiid Chief to be prefent at all Meetings, and upon: .Hearings or Trials relative to the Indians, before the Agent or Super tendant, or before the Commiffaries, and to give his Opinion upon all M. . ters under Confideration at fuch Meetings or Hearings. 19; That the like Eftablilhrnents be made for the Northern Dife as far as the Nature of the Civil Conftitution of the Indians in this Dilk . and the Manner of adminiftering their Civil Affairs, will admit. 20. That no Perfon having any Military Command in the Indian Co J try fhall be capable of afting as Commiflary for the Affairs of.thelBdiiii Mcd \. ( 57 ) : Country be- , Complaints of fairs relative to le Indian Coun- hment, the laid ich Poft, and in ft as Jufticeso! with all Powers lies, and alfo full that fuch Offen- eciding all Civil ;ermine ina fum- s and Traders, a lo Sterling, wit'.: .nt, or his DepuR, jdgment thereon, It, in like Manne; tabliflied in any c: idence of Indian in all Criminali the faid Agents i their Evidence b His Majefty's G e fame Pains ar. lubjefts. ave Power to co- )e n' ceffary, and ;ftive Diftrifts tot ibe in the Southf of by the Agent ■jutual Interefts be li Beloved Men, [ea a Chief for t Commiffary in' le faid Agent or S :or of their Rig'r [etings, and upon. I Agent or Supei pinion upon all M- iie Northern Diftr Idians in this Dilt jrill admit. in the Indian Cu affairs of.the Inil'^ in either of the above mentioned Diftridts refpeftively, nor (hail fuch Per- fon, having Military Command, be allowed to carry on Trade with the Indians, or to interpofe his Authority in any Thing that regards the Trails i .with or Civil Concerns of the Indians, but to give the Commilfary, or other (Civil Magiftrate, all Afliftance in his Power, whenever thereunto required. 21. That the faid Commiflaries Ihall keep cxaft and regular Accounts, f ty Way of Journal, of all their Tranfaftions and Proceedings, and of all s|lOccurrences in their refpedlive Departments^ and ihall by every Opportu- lity communicate fuch Tranfaftions and Occurrences to the Agent or Su- perintendant in their rdpeftive Diftrids, which Agent or Superintendant lall regularly, by every Opportunity, correlpond with the Commiflioners for Trade and Plantations. 2 2. That the Agent or Superintendant to be appointed for each DiftridV, |as alfo the Cummiflaries refiding at the Polls, or in the Indian Country irithin each Diftrift, fhall take an Oath, before the Governor or Chief Judge ^f any of the Colonies within their refpeftive,Diftrifts, for the due Execution " their refpedtive Trufts; and they, and all other fubordinate Officers em- jjloyed in the Affairs of the Indians, fhall be forbid, under proper Penalties, carry on any Trade with them, either upon their own Account, or in fruft for others, or to make any Purchafe of, or accept any Grants of Lands the Indians, 1 23. That for the better Regulation of the Trade with the faid Indians, Informable to their own Requefls, and to prevent thofe Frauds and Abufes ich have been fo long and fo loudly complained of, in the Manner of car- ding on fuch Trade, all Trades with the Indians in each Diftrift be carried under the Direftion and Inlpeftion of the Agents or Superintendants, and ther fubordinate Officers, to be appointed for that Purpofe, as has been al- :ady mentioned. ■ , 24. That all Perlbns intending to trade with the Indians fliall take out licences for that Purpofe, under the Hand and Seal of the Governor or Commander in Chief of the Colony from which they intend to carry on fuch Trade, for every of which Licences no more fhall be demanded or taken than fwo Shillings. [25. That all Perfons taking out Licences fhall enter into Bond to His pjefly. His Heirs and Succeflbrs, in the Sum of with je Surety in the Sum of for the due Obfervance of Regulations prefcribed for the Indian Trade. ?a6. That every Perfon willing to give Security, and' finding a Surety •Uing, if required, to take an Oath that he is poffeffed of Property to uble the Value of the Sum he Hands Security for, Ihall be entitled to a icence. 27. That every fuch licenfed Trader fliall, at the Time of taking out the icence, declare the Poft or Truck Houfe at which, or the Tribe of In- lans with which, he intends to trade, which fhall be fpecified in the Li- tnce itfelf. 28. That no Licence be granted to continue longer than for One Year. P 29. That .( 58 ) a 9- That no Perfon trade under fuch Licence but the Perfon named in it, his Servants or Agents, whofe Names are to be inferted in the Margentj and in cafe any of the Servants or Agents named in fuch Licence (hall die, or be difcharged, the fame (hall be notified to tlic Governor by whom the Licence was granted, or to the Commiflaiy of the Poft, or in the Tribe where fuch Tiadcr carries on fuch Trade, to the End that the Name or Names of any other Servants or Agents, employed by the faid Trader in the Place of thofe dead or difcharged, may in like Manner be inferted in the Margent of the Licence. 30. That all Licences be entered in^lie Secretary's Office, or other pro- per Office of Record in each Colony, where they are taken out, for which Entry no more Ihall be demanded or taken than Six Pence for each Licence ; and all Perfons to have free Liberty to infpedt fuch Entry, paying a Fee of "Six Pence for the fame. 31. That Perfons trading with the Indians without a Licence, and with- out giving the Security abov(; required, or trading at any other Polls or Places than thofe exprefled in their Licences, do forfeit all the Goods they fhall be found then trading with, and alfo pay a Fine of to His Majefty, His Heirs and Succeflbrs, and fuflfer Months Imprifonment. _ . 32. Thnt all Traders, immediately upon Arrival at the Ports or Truck Iloufes in the Northern Diftridt, or in the Tribes in the Southern Dirtridt for which Licences have been taken out, and before any Goods are fold to or bartered with the Indians, do produce fuch Licences to the Com- mifiarics appointed for the Diredtion and Infpeftion of the Trade at fuch Pofls or Truck Houfes, or in fuch Tribes. 33. That all Trade widi the Indians Ihall be carried on by Tariffs, to be fetded and eftabliflied from Time to Time by the Commiffaries at the feveral Polls or Truck Houfes, or in the Countries belonging to the feveral Tribes in concert with the Traders and Indians. >«,= * , . , ^ 4 d., 34. That the Commiflaries appointed to direft and inlpeft the Trade at each Truck Houfe in the Northern Diftrift Ihall be empowered to fix and jjrefcribe Limits round each Poft or Truck Houfe, within which 'Limits all Trade' with the Indians may be commodioully carried on in the moft public Manner. =- , i 35. That all Traders have free Liberty to ereft Huts and Warehoufes within fuch Limits, in fuch Order and Manner as'theCommiflary fhflU, with the Concurrence of the Officer commanding at fuch Poll, diredl and appoint. 36. That no Trader fhall traffic or have any Dealings with the lindians, without the Limits prefcribed by the CommifTary, or other Chief Officer, appointed for the Infpedlion and Diredtion of the Trade. 37. That each Truck Houfe or Pofl of Trade in the Northern 'Diftrif: be fortified and garrifoned, and that all Traders have free Liberty to retire into fuch Garrifon with their EfFedls, whenever any Difturbanoe fhall ariki or xhe CommifTary at fuch Poft fhall rcjprefent it to be JieccfTary. cT ' / j8. Tk <4 Ihaf, 1 1 named in It, Vlargent} and lall die, or be J the Licence le where fuch Names of any Place of thofe [argent of the , or other pro- jut, for which each Licence ; aying a Fee of nee, and with- other Foils or le Goods they Months the Pods or in the Southern : any Goods are ces to the Corn- Trade at fuch >y Tariffs, to be ies at the feveral e feveral Tribes ft the Trade at vered to fix and which Limits all 1 the moft public and Warehoufes ■niflary ftmll, with Poll, direft and with the Indians, ler Chief Officer, Northern 'Diftrif- : Liberty to retire arbance fliall aril-: iflary. J 8. Tto ( 59 ) 38, That no Trader fhall fell or otherwife fupply the Indians with Rum, •or other Spirituous Liquors, Swan Shot, or Rifled Barrelled Guns. r^g. That in Trade with the Indians no Credit (hall be given them for Goods in Value beyond the Sum of Fifty Shillings j and no Debt beyond thiiit Sum fhall be recoverable by Law or Equity. io. That all Difputes concerning Weights or Meafures in the buying or iel^g Goods Ihall be decided by Standard Weights and Meafures, to be look in each Poft or Truck Houk in the Northern Difl:rift, and each Town ' "lie Southern Diftrift. I. That no private Perfon, Society, Corporation, or Colony, be capable quiring any Property in Lands belonging to the Indians, either by Pur- fe of, or Grant or Conveyance fi 1, the faid Indians, excepting only e the Lands lie within the Limits of any Colony, the Soil cf which has veiled in Proprietors or Corporations, by Grants from the Crown ; in ;h Cafes fuch Proprietaries or Corporations only fliall be capable of iring fuch Property by Purchafe or Grant from the Indians. That proper Meafures be taken, with the Confent and Concurrence Indians, to afcertain and define the precife and exaft Boundary and of the Lands which it may be proper to referve to them, and where ement whatever (ball be allowed. §That no Purchafes of Lands belonging to the Indians, whether in ime and for the Ufe of the Crown, or in the Name and for the UfeoF etaries of Colonies, be made but at fome General Meeting, at which thf lyrincipal Chiefs of each Tribe claiming a Property in fuch Lands, are It J and all Trafts fo purchafed fhall be regularly furveyed by a fworn l^eyor, in the Prefencc and with the Afliftance of a Perfon deputed by Indians to attend fuch Survey, and the faid Surveyor fhall make an ac- fce Map of fuch Traft, defcribing the Limits, which Map fhall be entered Record, with the Deed of Conveyance from the Indians. ■ is eflimated that the Annual Expencc of fupporting the Eflablifhments bofed in the foregoing Plan, providing Prefents for the Indians, and ^ contingent Expences, may amount to about /^. io,cooj and it is pro- ' to defray this Expence by a:DlVty upon the Indian Trade, either col- ^ I upon the Exportation of Skins-and Furs, (Beaver excepted) from the onies, or payable by the Traders at the Pods and Places of Trade, as lupon further Examination, and the fulleft Information, be found mott likable, and leaft burthenfome to the Trade. I f A. LIST ( 6o ) LIST of Indian Tribes in the Northern DiflxiA of North Americi. A Mohocks. ■ ':1.»4 Oneidas. 'wi.*' Penobfcots, St. Johns. \;4.-^«V^ S. LlSIt i7 ( 6r ) ' North Americt,! .! t ;1ST of Indian Tribes in tlie Southern Diftridl of North America, , ' Cherokccs. Creeks. Chickafaws. Cheiftaws. |r ' ■ '" ' Catawbas. Beluxis. - ' Humas. Actucapas. ...;.,*.. Bayugtas- _.. , . .— ^. Tunicas. ■ ,. Peluches. . Ofuglas. , . . Qucrphas. .- ..,.,.,:'P.,., ; •,- ; ^f c-f- ■,, ■~-•^^■•■ -Aj:y\ ' . i /.) N' 7. COPY of an Article in the Inftniftions to Sir Frederick Haldimand, K. B. in 1778, not contained in the Inftruftions to Guy Carleton, Efquire, in 1775 — Alfo, Copy of a Part of an Article altered from the fame Inftrudtions, in 1775. a^ AND whereas, in purfuance of the foregoing Inftruflions, Ordinances have been framed and ordained for the Eftablifhment of Courts, direfting a proper Mode of adminiftering Civil and Criminal Juftice in Our faid Province of Quebec, conformable to the Spirit and Inten^ of die aforefaid Aft of Parliament, intituled, " An Aft for making ore effeftual Provifion for the Government of the Province of Que- [bee, in North America j" it is Our Will and Pleafure that you do from e to Time, with Our faid Council in their Legiflative Capacities, de- ate upon and frame fuch Ordinances as the Circumftances and Con- ion of Affairs may require, either for continuing and amending, or cn- ing fuch Ordinances as aforefaid, or makinig any further or neceffary nges and Regulations in the Courts fo ellablilhed, or in the Mode of iniftering Juftice within Our faid Province, provided that fuch Ordi- ces be ftriftly conformable to the Aft of Parliament aforefaid, and t9 Tenor -of thefe Our Inftruftions. B. list! COPY V V ( 62 ) COPY of a Se£lion of the loth Article of the fame Inftruc tions, altered both in thcfe and in the Inftrudtions to Lord .Dorchefter, in 1786, from the Inftruftions to Guy Carkron, Efquire, in 1775- T H AT no Ordinance be pafled relative to the Trade, Commerce, or Fiflieries of the faid Province, by which the Inhabitants thereof (hall be put upon a more advantageous Footing than any other of Our Subjeds, either of this Kingdom or of the Plantations, who have retained their Al- legiance. liM N' 8. */ COPY of fuch Articles in the Inftruftions to Lord Dorchefler, in 1786, as are not contained in the Inftrudions to Guy Carle. ton, Efquire, in 1775 — Alfo, Copy of fuch Articles or Parts thereof, in the fame Inftruftions in 1786, as are altered from the Inftruflions to Guy Carleton, Efquire, in 1775. »5 .A' N D it is Our Will and Pleafure, that you do from Time to Time, as the Cifcumftances and Condition of Affairs may require, with Our faid Council in their Legiflative Capacity, deliberate iipon and frame fuch Ordinances as may be expedient for continuing, amending, or enforcing any Ordinances now in Force, or making any further 01* neceflary Cl^nges and Regulations in the Courts of Judicature already ellablilhed, or in the Mode of adminiftering Juftice within Our faid Province, "provided that iuch Ordinances be ftriftly conformable to tlit A6t of Parliament aforefaid, and thefe Our InftruiSiions. 37. Whereas it will be for the general Benefit of Qur Subjects, carry- ing on the Fifhery in the Bay of Chaleur, in Our Province of Quebec, tha: fuch Part of the Beach and Shore of the faid Bay as is uiigranied IhoulJ be referved to Us, Our Heirs and SucccfTors, it is therefoi-e Our Will aiiJ Pleafure, that you do not in future direft any Survey to be made, or^Grantto be pafled, for any Part of 'tlie ungranted peach or Shore of the faid Bay of Chaleui', except fuch Parts thereof as ,by Our Orders in Council, dateJ the 29fh of June and iiftof July lai^, are direfted'to'be granted to Job Shoolbred, bf London, Merchant, and to Meflrs. Robin, Pipon, anil Co. of the Ifland of Jerfey, Merchants, but that the fanrie be referved to Us, Our Heirs and Succeflbrs, together with a Ailficieht Quantity of Wood Land adjoining thereto, necefllary for the Purpofe of carrying on the Filheryi the Limits of fuch Wood Land fo to be referved to k determined upon and afcertaincd by you and Our Council for Our faid Provinci as w 'M "?** I ¥ fame Inftruc Jtions to Lor(i Guy Carkton, Commerce, or hereof (hall bt Our Subjedls, aincd their Al- pf Lord Dorcheder, ns to Guy Carle- Articles or Parts are altered from I77S- from Time to of Affairs may jacity, deliberate for continuing, or making any rts of Judicature ifticc within Oiir onformahlc to tlic r Subjefts, carry- e of Quebec, tha: u'ngranted Ihouli )fe Our Will ar^il rhade, orprantto jf the faid Bayo! in Council, dated granted to John bin, Pipon. ^^^ [me be referved to cieht Quantity of )fe of carrying on je referved to be >uncil for Our iaid Province ( 63 ) Prov'ince of Quebec in fuqh Manner as from the moft authentic Informa- ~" Aall appear to you a;id them moft convenient aiul i)ppcr for Miat oiTc i it is nevertnclefs Our Intention, and We do hcrrcby fignify to you __ Will and Plcafure, that the free \J(e of fuch Beach or Shore, and of thTWopd La^id, fo to be r<;ferved, (hall be allowed by you, orany'PeHbn 'ilWiorizcd by you, to fuch of Our Subjcfts as ihall rclort thither, fir the ~ >ofeof carrying on the Fishery, in fuch- Proport;ians as the Number hallops he , or they Ihall refpeftivcly employ may reqwire j provided 21" any Fiflierman who ftiall have Permiflion to occupy any Part of tlu: Beach or Shore and Wood Lan.', for the Purpofe of the faidFifher)', not, durwig any one Scafpn, continue fo to occupy .and ?n}ploy any of the faid Beach or Shore, and Wood Land, fo allotted, to him,,you, or lerfon authpriz^d by you as above, may and fliall allow fbc Ufe of Part to any other Fi(h'erman who Ihall apply for the fame, for the Pur- pf carrying on the Fiihery. id whereas it may be neccflary to eftablifli loq^l Regulations to prevent is, as well as Difputes and Mifunderftanding between the Filhermcn ^ ing to the faid Beach or Shore, it is Our Will and Pleafure thatyou, llj^lliv} with the Advice and Conf<(nt of Our fajd .Council, dotfi\ame fuch |t|g|||»tions from Time to Time as to you (hall appear neceflai;y to anfwer tMBblutary Purpofes, and th^t you tranfmitthe fame to Us tl)rough.One qf'^BIr principal Secretaries of State fqrOur Pleafuce (herein, , by the Aril; QppHWunity.' Whereas many of Our loyal Subjcfts, Inhabitants of the Colonie;s )vinces now the .United States of America, are defirous of retaining legiancc to Ui., and of living in Our Dominions, and fpr this Pur- ire diipqfed to take up and improve Lands in Our Province of c : And We, being defirous to encourage .Our faid Loyal Subjefts in heir Interitipns, and to tellify Our Approbation of their Loyalty ,to id Obedience to Our Government, by allotting Lands for them in d Province; and whereas we are alfo defirous of teftifying Our Ap- on of the Bravery and Loyalty of Our Forces ferying in Our faid ce, and who may have been reduced there, by allowing a certain Quan- Land to fuch ot the Non-commiflioned Officers and Private Men of Oitf^i.fiud Forces, who are inclined to become Settlers therein ; it is Our d Pleafure, that immediately after you Ihall receive thefe Our In- ns you do direft Our Surveyor General of Lands for Our faid ;e of Quebec to admeafure and l?y out fuqh a Quantity of Land with the Advice of Our Cwncil, fliall ;de€m nccelfary and con- for the Settlement of Pur faid Loyal Swbjefts ; and the Non-cono- d Officers ajid Private Meo ,of Our Forces which may have beta in iOur faid Province, who fliajl be >de.firou.? of b.econaing Seeders fuch J.-.ands t;o he divide.d into 4iftin£t Seigneupes or Fiefs, to from Two to Four Leagues in Front, and from Three to Five es in Depth, if fituated upon a Navigable River, otherwife to be run or in fuch Shape and in fuch Quantities as fhall be convenient l^afticable, ijnd in each Seigneurie a Glebe to be referved and laid ^} the mo(t convenient Spot, to contain not lefs than Three hundred I, nor more tiian Five hundred Acres, the Property of wliich Scigneu- Fiefs fhall be and remain vetted in Us, Our Heirs, and Succclfcrs, ; I { 64 ) and you fliall allot fuch Parts of the fame as (hall be applied for by any of Our faid Loyal Subjefts, Non-commiflloned Officers, and Private Mm of Our Forces reduced as aforefaid, in the following Proportions j (that u to fay) i To every Mailer of a Family One hundred Acres, and Fifty Acres fo* each Perfon of which his Fannily (hould confift. To every Single Man Fifty Acres. To every Non-commiflioned Officer of Our Forces reduced in QiidK: Two hundred Acres. To every Private Man reduced as aforefaid, One hun dred Acres -, and for every Perfon in their Families Fifty Acres. The faid Lands to be held under Us, Our Heirs and Succeffors, Seigncun of the Seigncurie or Fief in which the lame Ihall be flcuated, upon the famf Terms, Acknowledgments, and Services, as Lands are held in Our faid Pro- vince under the rcfpeftive Seigneurs holding and pofllffing Scigncurics 0; Fiefs therein, and referving to Us, Our Heirs and Succcflbrs, from and af;c the Expiration of Ten Years from the Admiflloji of the refpedUvc Tenaiiti, a Quit Rent of One Half-penny per Acre. 41. And whereas, upon the raifing and cftablilhing the Corps, late t!; F.ighty- fourth Regiment of Foot, We did promife and declare, that ti;. Ofiicers and Privates of the faid Corps Ihould, when reduced, be entitle; to and receive Grants for certain Allotments of Lands in proportion ti their relpcdlive Ranks therein ; it is Our Will and Pleafure, that you d in Manner as hereinbefore direfled grant Warrants of Allotment ai; Survey to fuch of the Officers and Privates of the faid late Eighty-four; Regiment of Foot, now reduced, who Ihall be willing to fetde and be come Inhabitants of Our Province of Quebec, and fliall apply for tlif fame for fuch Quantities of Land as they fhall be refpeiftively entitled u in corifequence of Our faid Promife and Declaration contained in Ot Inftrudtions to Our Governors of New York and North Carolina, date: the jd of April 1775 j (that is to fay) . Acres^ To Field Officers — 5,000 Captains — — 3,000 Subalterns — .— .2,000 Non-commiffioned Officer 200 Privates — — 50 and that the Surveys be made and Grants for the fame be delivered to then refpeftively free of Expence, as hereinbefore is directed : Provided never thelefs, that every Commiffioned and Non-commiflloned Officer or Privat: belonging to the faid late Eighty-fourth Regiment of Foot, who fliiii r claim and apply for Land in Our Province of Quebec as aforefaid^ M declare upon Oath, that no Land has been obtained by him in anyo Our other Provinces in America under Our Royal DeclaratioQ as afore- faid. 42. It is Our further Will and Pleafure, that, every Perfon within tfc Meaning of thefe Our Inftrudtions, upon making Application for Lanii, fhall take the Oaths direfted by Law befoie you or Our Commander in Chit for the Time being, or fome Perfon by you or him authorized for tlii: Purpofe J and (Imll al fo at the fame Time make and fubfcribe the Id lowing Declaration (vi^.) " I J. B. do promife and declare, that I wil " maintain and defend to the utmolt of my Power the Authority of tis m m led for by an/ id Private Men rlionsi (thatu Fifty Acres for uccd in Qviiibtt rcfaid, One hun- crcs. xffors, Seigncuri 1, upon the fani! in Our faid Pro g Scigneurics o: ■s, from and afic; fpedtive Tenant^ ; Corps, late tl; declare, that ti uced, be entitle: in proportion t^ lire, that you ti- )f Allotment a: late Eighty-four: to fettle and be. wU apply for tlK dively entitled tj :ontained in Oi: :h Carolina, datft [,000 |2,000 20O , delivered to thea : Provided neve:- Officer or Privatf f Foot, who (hi as aforefaidr ftal J by him in any* Iclaration as afore I Perfon within tfc [plication for Lani lommanderinChic luthcrized for tW \ fubfcribe the to. declare, that I w|^ le Authority of t* [ 65 ] '* King in His Parliament, as the Supreme I-igiflature of this Pro- « vincc:" Which Oaths and Declaration Hiall alio be taken, male, and •fubfcribed, by every future Tenant before his, lu-r, or their Adiuinion, Jipon Alienation, Defcent, Marriage, or othcrwife Itowfoevcr, and upon Re- liHd the Lands to become re-velled in Us, Cur Heiis and SucceHors: yVnd '5^ is Our further Will and Plcafure, that the Expencc of laying out and purveying, as well the Seigneuries or Fiefs aforcfaid as the feveral Allorment, lirithin the fame, and of the Deed of AdmilTion, ihall hcpaid by the Re- tiver General of Our Revenue in the faid Province of Qi^iebec, out of jch Monies as fhall be in his Hands, upon a Certilicate from you, or Our Commander in Chief for the Time being, in Council, Oath being made by )ur Surveyor General to the Account u( fiich Expcnco : Provided, how- irer, that only One Half of the uliial and accuflomed Fees of Ofiice (liall allowed to Our laid Surveyor General, or any other of Our Officers in ic faid Province, entitled thereunto, upon any Survey or Allotment made, upon Admiflior. into .^ny Lands, ! y virtue of theio Our Inftruftions. .43. And whertas We have i )me Time fince purchafed the Scigneurie of rcl from the then Projnetors, the l.ands of which are particularly well pted for Improvenhent and Cultiv:»non, id the local Situation of the Scigneurie makes it expedient & u ■ the lame ffiould be fettled by as fiderable a Number of Inhabitrr,, of approved Loyalty as can be ac- imodated therein with all poffil e Difpatrb ; it is therefore Our Will Pleafure, that you do ' • '' all fuch Lan within the fame, as are un- (ofed of to be run out into '"'nail Allotments, and dut you do allot the \e to the Non-commiffioned Officers and Private ^T(.>^ of Our Forces, may have been reduced in Our faid Province, or iu luch other of Our I Subjefts as may be inclined to fettle and improve the fame, in fuch jportions as you may judge itioft conducive to dieir Intere({:,and the moro edy Settlement of Our faid Seigneurie > the Lands fo allotted to be held Us, Our Heirs and SucccnTors, Seigneurs of Sorel, upon the fame Con- Sons, and under the fame referved Rent at the Expiration of Ten Year.-., Ithe other Tenants of Seigneuries now hold their Lands, and pay to and alfo of taking the Oaths, and making and fubfcribing the Decl. • )n as hereinbefore is mentioned and diredlied ; the Expence of malting faid Allotments, and of Admiffion thereunto, to be alfo paid and de- lved in like . I.v^ner as thoi'e in the Seigneuries direded to be laid out by Our Ini: V iions^ it is neverthelefs Our Will and Pleafure, that the itments to be made to fuch of Our loyal Subjefts, fr'>m the Provinces cr onies nov: the United States of America, as may be difpofed to fettle and brove Lands in Our faid Province of Quebec, fhall be liuiited to thofe only m 1) have withdrawn themfelves from the faid Provinces or Colonies, after iigning of the Definitive Treaty of Peace with t!ie faid United States, no other: And it is Our further Will and Pleafure, that a Record be Dt in the Office of Our Receiver General of Our Revenue, of every jmiffion into Lands, as well by virtue of thcfe Our Inftructions with Vft to Our loving Subjects retiring from the Provinces and Colonies, v the United States of America, and to Our Forces difbanded as afore- i, as in Cafes of future Admiffion, by Alienation or otherwife, a Docquet which fhall be tranfmitted Yearly to Us, through One of Our Principal' R Secretaries [ 66 ] Secretaries of State, and alfo a Duplicate thereof to Our High Treafurer, or the Commiflioners of Our Treafury for the Time being. 62. And whereas we have made fufficient Provifion for the Support of Our Lieutenant Governor of Our faid Province of Quebec for the Time being, by the Allowance inferted in the foregoing Eftimatej it is Our Will and Pleafure, when it Ihall happen that when you are abfent from Our faid Province that no Part of the Salary, or any Perquifites and Emoluments which are due unto you, Ihall, during the Time of your Abfence, be claimed by, or paid and fatisfied to fuch Lieutenant Governor: And it is Our further Will and Pleafure, that if Our Lieutenant Governor of the faid Province of Quebec fliould happen to die during fuch your Abfence, and the Adminiftration of the Goveniment thereby devolve on the Prefi- dent, or eldeft Member of Our Council, fuch Prefident or Councillor fhall, during his continuing in the Chief Command, receive the Salary or Allow- ance hereby provided for Our Lieutenant Gavcrnor, and no odier Allow- Perquifite, or Emolument whatever. . , ance i" KM COPY of fuch Articles as are' altered in the Inftrudtions to Lord Dorcheller, in 1786, from the Inftru£tions to Guy Carkton, Efquire, in 1775. 2. IT is Our further Will and Pleafure that any Five of the laid Coun- cil Ihall conilitute a Board of Council for tranfadting all BuHnefs in which their Advice and Confent may be requidte, Adts of Legtflature only ex- cepted (in which Cafe you a,tc not to aft without a Majority of the Whole); you are, however, not to feleft or appoint any fuch Members of Our faid Council by Name, to the Number of Five, as you may think fit to tranf- aft fuch Bufinefs, or term any feleft Number of fuch Members by the Name of a Privy Council, but you are on every Occafion, where the At- tendance of the Members is neceffary or required, to fummon all fuch who may be within a convenient Diftance : And it is Our further Will and Pleafure that the Members of Our faid Council fhall have and enjoy all the Powers, Privileges, and Emoluments enjoyed by the Members of Our Councils in Our other Plantations, and alfo fuch others as are con- tained and direfted in Our faid Commiilion, under Our Great Seal of Great Britain, and in thefe Our Inftruftions to you ; and that they fhall meet to- gether at fuch Time and Times, Place and Places, as you in your Dif-^ cretion fhall think necelTary, except when they meet for the Purpofe of Legillation, in which Cafe they are to be ailembled at the Town of Quebec only. 7. You are, at your firft calling together Our Council, to cotpmuni- cate to them fuch and fo many of thele Our Inftruftions, wherein their Advice and Confent are menuoned to be requifite, or which contain any Direftions as to the framing of Ordinances for the Peace, Welfare, and good Government of Our faid Province, as llkewife all fuch others from Time to Time as you fliall find convenient for Our Service to be im- parted to them* : .- ' ■■' ' . ' Seftioa 'I . { 67 ) Seftion from the loth Article. That no Ordinance be palled relative to the Trade, Commerce, or Filheries of the faid Province, by which the Inhabitants thereof (hall be put upon a more advantageous Footing than any other of Our Subjefts, either of this Kingdom, or of the Plantations, who have retained their Allegiance. 13. Whereas an Ordinance hath been paffed in Our Province of Quebec, intituled, " An Ordinance for fecuring the Liberty of the Subjedt, and for « the Prevention of Imprifonments out of this Province j" It is Our Will and Pleafurc that you do take effeftual Care that the faid Ordinance be duly enforced, fo that every Security to Perfonal Liberty, which is thereby provided for, may be fully enjoyed by Our Subje£ts in that Pro- vince. ;, 14. Whereas, in purfuance of our former Inftruftions to Our Governors and Commanders in Chief, Courts of Juftice have been eftablilhed within Our Province of Quebec j It is therefore Our Will and Pleafure diat you do take due Care that in all Cafes whatever the Powers and Authorities granted by Us, or by any Ordinance confirmed by Us, to the faid feveral Courts, be duly obferved and enforced, and that the Proceedings therein be in all Things conformable to the faid A& of Parliament, " for making more ** efFeftual Provifion for the Government of the Province of Quebec," and to fuch Ordinances as may have been, or hereafter may be enadbed by the Legiflature for thofe Purpofes. [The remainino; Part of this Article is verbatim in the 15th Article of the Inftruftions of 1775.] 61. And whereas ilUVe are defirous that a proper Provifion fhould be made for the Support of Our Government within Our faid Province of Quebec, We do therefore hereby declare it to be Our Royal Intention, that the following Annual Salaries and Allowances be difcharged and paid out of any Revenues ai;ifing to Us within the fame, or out of fuch Monies as fhall be granted or appropriated to the Ufes and Services of Our faid Province of (^ebec ; (that is to fay) To the Governor per Ann. — , — Lieut. Governor — — To the Chief Juftice — — To 6 Judges of Common Pleas £.$'^0 each , To the Judge of the Admiralty — To the Attorney General — To the Clerk of the Crown and Picas — To Two Sheriffs, at £. ico each — To the Secretary and Regifter — To the Clerk of the Council — • To the Surveyor of Lands — - To the Surveyor of Woods — To the Commiffarv for Indians — To the Captain of^ the Port — To the Naval Officer — — To the Receiver General of the Revenues To 23 Councillors at £. 100 each — To the Lieut. Governors, or Superintendants at troic . ■ .^ —. jC. 2,000 . 1,500 . 1,200 ■ , 3.000 ■ 200 ■ 300 100 aoo 400 - 100 300- coo 300 100 100 400 2,300 ^,t*' De- — 500 Ac 1 i 'ii ■ \ H ifUK fli i ill i 1 \'\ w^ i * * i (68 ) ^ i .ayi''..-.. )• 8 ;.i^..i 1 To One Judge of the Inferior Courts of King's Bench a^W hi- .and Common Pleas at each of the above Pofts, at '' 3^^. loo each Judge. To an Afliftant or Afleflbr at each Foft, at £. 50 per Ann. To a Sheriff for each Diftridt, at £. ao per ' To a Grand Voyer — — — £. 200 To a French Secretary — — — 200 To 4 Minifters of the Proteftant Church, at £. 200 per Ann. each — — — 800 To 2 Minifters of the Church of England fettied at Sorei and Cataraqui, £. 100 each — — ^ _ ' 200 ' To 2 Schoolmafters, at j^. 100 each — ' ^•■■'- ^oo To an Allowance to the Perfons licenfed to fuperintend the Romilh Church -^ ' ; » •»««*»' - -4*- To Penfions to the Officers of a Corps of Canadians employed in the laft War, and ducharged wirfv out any Allowance, as follows, viz. To Mons' Rigauville, the Commandant of faid Corps To 5 Captains, at £. 100 each — — ■' To 10 Lieutenants, at jC' 50 each — t" *~" To the Commandant of the Savages — — To Annual Contingent Expences ^'ii^fmrjc lent— ■Ci' i-ri^'^:.-'^-^- 200 "■" — •rl'-'^r r .j4', r . i 200 «- _ 500 500 • 100 mmmm «■ 1,000 N^ 9. ' (COP IE.) ■ LA tres humble Addrefle des Citoycns et Habitans Catholiques ; • Romains de diffcrents Euts dans le Province d« Quebec, en Canada. .^u R O L Sire, LES Bontes dont Votre Coeur Royal et Gencreux a pris plaifir a combler Vos fideles et loyaux Sujets Canadiens, les Demarches aftuclles et pre- raaturees de Vos anciens Sujets refidents dans notre Province, et le petit Nombre de Nouveaux qui fe font joint a cux, nous font efpcrer que Votrc Tres Gracieux Majefte nous permettra de nous profterncr derechef au Pied de Son Trone, pour implorer Sa Bienfaifance et Sa Juftice. .jurr. Dans I ( 69 ) Dans les Addrefles que nous avons pris la Liberie de faire pafler i Votre Majefte Deux Objets ont en rUnanlmice de nos Concitoyens; la Religion dc nos Peres etoit pour Vos nouveaux Sujets, cotnme pour tous les Peuples du Monde, le Point eflentiel de nos Dennandes. Aniincs de cette Confi- ance, que la Gcnerofite de notre Souvecain nous infpirott, nous efperions, et nous efperons encore, que Votre Majefte nous accordera les Moyens nc- ceflfaires pour la perpetuer dans notre Colonie : Nous avons, Trcs Gracieux Souverain, un Befoin urgent de Pretres pour remplir ks Seminaires et Mif- fions de notre Province j des Regents et des Profcfleurs de cette Clafle, et de toute autre, nous manquent: Nos Colleges font deferts; de ce Defaut pro- vient rignorance, et de-la la Depravation des Moeui^. C'eft un Peuple foumis, un Peuple Bdele, qui attend de Votre ClenKnce Royale la Libertc de tirer de I'Europe des Perfonnes de cet Etat. Le Second Objet, TrJs Gracieux Souvcrain, ctoit, que fous quelque Forme de Gouvernment qu'il plairoit a Votre Majefte 6tab4ir en cette Province, Vos Sujets Can'idiens Catholique jouiHent indiftinflement de tous les Privileges, Immunites, et Prerogatives dont les Sujets Britanniques jouiHicntdans t ,-: [} ; , s A .^. « ... . ,ii ff 11.-; /I - »-j ; , ; . , Pidelcs et loyaux Sujets. . ■ ' ',/ ' t, -T \ '7 ' V If/ .'"fA ■ '..:^■-■i, 1 #. ., r- 1 ' i • ••( • ■■ ■■'/'' N° 10.. i.ic'i^ ■-.i-./'.i . :j ':.■' '■■■ -^4- i • '»'■ ■ TRANSLATION. ' '."i . :)il '3: 7 .J, THE moft humble Addrefs of the Roman Catholic Citizens and Inhabitants of various Parts in die Province of Quebec, in Canada. . ■■■-" ..-^ To the KING. *. * T ' ' ' ■• ^^ ... - Sire, , /'TP H E Favours which Your Royal and generous Heart has taken Plea- ■■• fure in beftowing upon Your faithful and loyal Canadian Subjefts, the prefent and inconfiderate Meafures taken by Your old Subjefts wlio i-efide in our Province, and the incQnMerable Part of Your new ones who ■v\ii - -' •.- '"■ ' -V": ' haw F i) { 71 ) have joined them, give us Reafon to hope that Your Moll Gracious Majefty will permit us to throw ourfelves again at the Feet of Your Throne, to implore Your Goodnefs and Juftice. In the Addrcfles which we have taken the Liberty of tranfmitting to Your Majefty, Two Objefts have met with the unanimous Concurrence of our Fellow Citizens j the Rtfligion of our Forefathers was, in the' Opi- nion of Your new Subjects, as it has been with every People, the ef- iential Point of our Demands. Animated with this Confidence, which the Generofity of our Sovereign created, we did hope, and we ftill hope, that Your Majefty will grant us the necefTary Means to perpetuate it in our Colony : We are, Moft Gracious Sovereign, in very great Want of Clergy to perform the Duties of the Seminaries and MilHons in our Province: Regents and Profeflbrs of this Clafs, and indeed of every other, are wanting : Our Colleges are forfalcen ; from this proceeds Ignorance, and from Ignorance Depravity of Manners. A fubmifllve, faithfiil People en- tertain Hopes of obtaining from Your Royal Goodnefs Permiflion to bring from Furope Perfons of this Defcription. ^ -^ .;. The Second Objedt, Moft Gracious Sovereign, was, that under what- ■foever Form of Government it ftiould pleafe Your Majefty to eftablifti in this Province, Your Canadian Catholic Subjedts ftiould enjoy all the Privileges, Immunities, and Prerogatives equally with Britifli Subjects in every Part of the World under Your Empire. From this Second Ob- jeft naturally arofe a moft ardent Wilh of feeing in the Legifladvc Coun- cil of our Province a greater Number of Your new Catholic Subjefts in a proper Proportion ; Perfons well acquainted with our Cuftoms, who of courfe, knowing better our municipal Laws, would make us more . fenfible of our Advantages, according to the Royal Intentions of Your Majefty, who has granted them to us. An Infant Colony, a People very imperfeftly acquainted with Britifii Laws and Conftitutions, muft feel that they ought not inconfiderately to afk for Laws and Usages to them unknown ; they ought, on the contrary, and fuch is the Opinion of your Petitioners, to refer themfelves entirely to the Kindnefs ot their Auguft Sovereign, who beft knows the Form of Governmeht fuitable to His Subjects, and the moft proper Means to make them happy. .May we only be permitted to aflure Your Majefty that we do not in anywife join in the Requefts of Your old Subjefts, aflbciated with Ibme of Your new ones, the Number of which, confidering the Total which com- pofe our Province, cannot have much Influence. That the major Part of the principal Prpprietors of our Colony have not been confulted. Moft Gracious Sovereign ! may it pleafe you to confider, that the Houfe of Affembly is not the unanimous Wifti, nor is it the general Defire of the •Canadians, who, from their Poverty, and the Calamities of a recent War, of which this Colony was the Theatre, are unable to fupport the Taxes which muft ncceflarily refuk.; and that for many Reafons their Petition ap- pears Ml -J i i '/' ? ( t« ) ?5ars contraiy to, and incompatibk with, the Profperity of Your Majefty** atholic new Subjefts. Wherefore, Moft Gracious Sovereign! we befeech You, that in Confi- ideration of the Fidelity and Loyalty of Your Canadian Subjcds, to which their former Governor, Sir Guy Carleton, has bore Teftimony in the moft -critical Circumftances, it may be permitted for our Diocefan Biihops to procure &om Europe thofe Spiritual Succours which are fo indiipenfably neceflary for us } that the free Exercife of our Religion may be continued in its full Excent widiout any Reftridtion ; that our Municipal and Civil Laws may be entirely prefcrved, and thefe Two Points, with the fame Prerogatives that our Forefathers and ourfelves enjoyed before the Con- queft of this Country, by the viftorious Arms of Your Majefty ; that Your jiew Catholic Subjedts who compofe i9-2oths of this Province, may have, in Proportion to this Number, a more conflderable Share in the Diftribution of Your Royal Favours: And that in cafe Your Auguft Pleafure ihould be to acquiefce in the Demands of your old SubjeAs, con- jointly with ibme of your new Sul^efts, You may deign to iufpend Your Royal Decifion until the different Corps and States which compofe our Co- lony may be generally and legally convened, which by the Sealbn being too far advanced cannot be done at prefentj in order that by this Mea- lure the general Wifli of our Nation may be tranfinitted to Your Ma- jcfty. This is what Your loyal and faithful Canadian Subjefts, upon the Prin- ciple of natural Right, and ftill nnore upon the Reliance on Your Fatlierly Goodnefs, humbly hope to obtain fiom their Moft Graciou$ Sovereign. They will not ceafe topray for the Prefervation of His Sacred Perfon, for His Auguft Family, and for the Profperity of His Kingdoms. Thefe are the Sentiments which impel them to fubfcrlbe themfelv^s, with ithe dcepcftRefpeft,, SIRE, ''.'*■■ Your Majefly's m<^ humble, Moft obedient, " '■'■'* '--'M^^ jT 1 Paidifiil, and %al Sul^efti. . . . / . - N» II. ( 73 ) •■• N" XI. , ■ iC O P Y of the Petition of the ancient and new Subjcfls of Cana dono, and Security, in Canada, which the Principles of the EngUfti Confti- • tution afforded in every Part of the Britilh Dominions in America, Your Petitioners, and the Inhabitants of the Province, have chearfuUy, • on 'every Occafion, obeyed the contfouling Power of .the Parliament of Great Britain, and widi Patience have fuffered, during a Period of Anarchy -and War, rather than wound Your Majefty's Feeling?, or embarrafs the Throne with Remonftranccs and Petitions, at a Time when the Safety of the Nation made facred every Moment of Public Deliberation. The Ac- tions and Conduft of Your Petitioners, when truly reprefented, will beft exprefs to Your Majefty the Sincerity of their I^oyalty and Attachment to the Crown and Government of Great Britain. Your Petitioners look with Concern on the Burthen of Great Britain, and with great Pain and Commifcration they fee the Diftrefles of Your Majefty's loyal Subjedls, who, driven from their Eftates, Wealth, and Pof- feflions, are daily takbg Shelter in this Britifti Colony ; though.their un- fettled and diftrefled Situation may, for the prefent, hinder them from bring- ing forward their Petitions and their Claims: Your Majefty will readily perceive that a Government fimilar or fuperior to that under which they were born, had lived, and were happy, muft be confidered by thoie Your Majefty's unfortunate Subjedts, as an afFeftionate Proof of Your Majefty!s paternal Care and Regard for them, and the firft Comfort which Your Majefty, in Relief to their Diftrefles, can now grant; and the more fo, as it will be a Blefling not merely granted to them, but extended to their Children and Pofterity. , - •> - 7 1 ,;. . - : -: , . . - . • Your Petitioners, fully pcrfuaded that the Welfare and Happinefs of Your Majefty's Subjects are Objefts of Your Majefty's ferious and benign 'Confideration, beg Leave to lay their Petition at the Foot of the Throne, .and ardently to requeft Your Majefty's Interpofition for the Repeal of the ■ i^, li '-"'-p ,i?i^::*'-:^"" . ' ^'*P -. ^' "*" -,Miw *.-,. , , .jQuebec A' .>v. ! i u ( 74 ) ^ebec Bill -, allowing fuch Privileges as are already granted to the Ro- man Catholic Religion, as being inadequate to the Government of this cx- tenfive Province, the Caufe of much Confufion in i)ur Laws, and fraught with Trouble and Uneafinefs to Your Majdly'^ loyal Subjeds here: And that Your Majefty will be pleafed to concur in cfbblilhing Yorur affec- tionate Subjedls of tliis Province in the full Knjoymcnt of their Civil Rights as Britidi Subjefls, and in granting them a free Eleftive Houfc of AUcmbly. — In thefc Hopes they humbly prcCumc: t) luggell that Claufes of the following Import may be inferted in du- Aft of Parliament which Ihall be made to confirm a free Conftitutiou to this Country. ifl. That the Houfc of Reprefentatives, or Afilmbly, be chofen by the Pariflies, Towns, and DilVritts of tiu- Province, to be compuftd of Your Majefty 's old and new Subjefts, in fuch Manner as to Your Majefty's Wif- doin may I'eem moll jiroper -, that tlic Aifembly be Triennial, and the Members elefted every Three Years. . . ■id. That the Council confift of not Icfs than Thirty Members j and in cafe of Divifion on any Meafure before them, that no Aft fhall be paflcd unlefs at leall Twelve Members agree to carry the Vote. That the Ap- pointment of the Members may be during their Refidence in the Province, and for Life, yet fubjeft to temporary Leave of Ablence, as mentioned in the nth Article i and that they ferve as Councillors without Fee or Reward. 3d. That the Crmiinal Laws of England be continued as at prefent cflablilhed by the Quebec Aft. 4th. That the ancient Laws and Cuftoms of this Country refpedting Landed Eftates, Marriage Settlements, Inheritances, and Dower, be con- tinued, yet fubjeft to be altered by the Legiflature of Quebec : And that Owners may alienate by Will, as provided by the loth Scftion of the Que- bec Bill. 5 th. That the Commercial Laws of England be declared to be the Laws of this Province in all Matters of Trade and Commerce, fubjedl to be changed by the Legiflature of Quebec, as in the preceding Article. 6th. That the Habeas Corpus Aft, the 31ft Charles II. be made Part of the Conititution of this Country. 7th. That optional Juries be granted, on all Triab in Courts of original Jurkdiftion } that they be regularly ballotted for, and a Pannel formed, as ' in England, either in the Cafe of an Ordinary or a Special Jury, at the Option of the Party applying for the famej and that Nine Members out of the Twelve may in Civil Caufes be fufficient to return Verdift, fubjeft to be modified by the Legiflature of Quebec, as in the 4th Article. 8th. That the Sheriffs be eleftedby the Houfe of AiTembly, and approved and commiflloned by the Governor at the Annual Meeting of the J -egifla- ture : That they hold their Appointment during the Period elefted for, and their good Behaviour, and that they find reafbnable Security for a faithful Bifcharge of their Duty. j9th. That no Officer of tht Civil Government, Judge or jMinifter of Julticci l-l it Vi f 7S ) Juftice, be fufpendcd by the Governor or Commander in Clilef for tlie Time, from the Honors, Duties, Salaries, or Emoluments of his Appoint- ment, but with the Advice and Confent of Your Majefty's Council for the Affairs of the Province, which Sufpenfion fliall not concimie after the An- nual Sitting of the Council, unlefs it be approved by the (lime ; the Caufe of Complaint if approved, to be thereafter reported to Your Majefty, for Hearing and Judgment thereon. loth. That no new Office be created by die Governor or Commander in Chief for the Time, but with the Advice and Confent of Your Ma- jefly's faid Council, and to be approved at their Annual Meeting, as in the preceding Article. I ith. That all Offices of Trufl: be executed by the Principal in the Ap- pointment, iink'fs by Leave of Abfence from the Governor, with Advice and Confent of his Council, which Leave of Abfence fhall not extend to more than Twelve Months, or be renewed by the Governor, but with the Approbation of the Council at the Annual Seflion. 1 2th. That Judges be appointed to prefide in the Courts of the Province, to hold their Places during Life, or their good Behaviour j and that they be rewarded with fufficient Salaries, fo as to confine them to the Fundlions of adminiftering Juftice j that every Caufe of Accufation for a Removal proceeding from the Governor (hall follow the Rule laid down in the Ninth Article ; and every Caufe of Accufation for a Removal on the Part of the Public, fliall proceed from the Houfe of Aflfembly, and be heard by the Council, which, if well founded, ihali operate a Sufpenfion, and in cither Cafe be decided in Appeal and Report to Your Majefty. 13th. That Appeals from the Courts of Juftice in this Province to the Crown be made to a Board of Council, or Court of Appeals, compofed of the Right Honourable the Lord Chancellor, and the Judges of the Courts ofWeftminfter Hall. : 14th. Your Petitioners beg Leave humbly to reprefent to Your-Majfefty, that from their Proximity to the United States, who from Situation and Climate have many Advantages over them, the internal Regulations for promoting the Trade, Agriculture, and Commerce of this Province are now become more intricate and difficult, and will require great Care and At- tention on the Part of the Legiftature here to watch over the Interefts of this Country i they therefore requeft that the Aflembly may have the Power of laying the Taxes and Duties neceflary for defraying the Ex- pences of the Civil Government of the Province ; and for that Purpofe that the Laws now exifting, laying Taxes and Duties to be levied in the Province, may be repealed. Such, may it pleafe Your Majefty, are tihe Intreaties and Prayers of Your loyal Subjects ; and in full Confidence they truft that Your Majefty will relieve them from the A.narchy arid Confufion which at prefent prevail in the Laws and Courts of Juftice of the Province, by which their real Pro- perty is rendered infecurc, Trade is clogged, and that good Faith which ought and would fubfift among the People, and which is the Life and Support of Commerce, is totally deftroycd 3 and be graoioufly pleafed to fccurc (, m ( 76 ) fecure to them a Cdnftitution and Government on fuoh fixed and liberal Principles as may promote the Defire Your affcdtionate Subjefts of this Province have, of rendering this mutilated Colony a bright Gem in the Imperial Crown of Great Britain, and that may call on the prefent Gene- ration for their unceafing Acknowledgments and Gratitude, and upon the future to feel ais the prefent, that the Security and Happinefs of the People and Province of Quebec depend on an Union with and SubmiflTion to the Crown and. Government of Great Britain. In thefe pleafing Hope;s, Your Petitioners will ever pray, &c. &c. &c. Quebec, 24th November 1 7^14. .N** .IJ2. % Demande •u Prologue. Hepondn. Article i. Demande. ;ftepoada. C?OPIE.) . ' B J E C T I O N S aux Demandes faites a notre Augufte Sou- verain, par TAdreffe lue dans une Affemblcc tenue chez ks .R. R. P. P. Recolets, le joNovembre 1784. /^ U E, confiderant le Fardeau de la Grande Bretagne, il nous foit accordc >^une Chambre d'Affemblce, pour impoler des Taxes, &c. Qiie c'eft avec Douleur certainement, que nous devons regarder le Fardeau de notre Mere Patrie; mais, helas ! ce ne peut ^trc qu'une Douleur infrudlueufe i car, quel Remede y pouvons nous apporter ? Nous ! dont les Befoins renaiflent chaquc Jour! Nous! qui chaque Annce nous depouillons jufqu'au dernier Sol pour payer les Effets (dej^ confomi^es) qu'eft obligee de nous fournir cette Mere Patrie ! Nous, que, malgre les Sommes enormes que la Guerre a occafionne, de laifler en ce Pays Sommes encore en Arriere avec la Metropole, d'une Balance de Comptes confiderable. Quelles font done nos Reflburces pour appuyer des Taxes ? — Sera-ce fur les Villes? — Qui ne connoit pas I'lndigenee de Icur Citoyens.- Scra-cc fur les Terres ? — Qui ne f^ait pas que les Campagnes endetces envers le* VilJes, n'ont pu jufqu'a prefent fe liquider; que la Milcrc eft le Partage d'une trcs-o;rande Partie de Icurs Habitants. — Que fera^ce done lors qu'une Partie de leurs Travaux fera.confacree pourle Soutiendc I'Etat ? Cet Expofe, vrai dans tous fes Points, doit ccmvaincre qu'une Chambre d'Affemblce pour impofer des Taxes eft non feulement inutile, mais encore prejudiciable aux Interets de cette Colonic. Que la Chambre foit indiftinfl:ement compolce d'anciensvct .nouveaux Sujets, &c. Cet Article ^emande une plus grande Extention ; car, parce.Motjn- . diftinfteraent, il pourra_y avoir autant & merpe j)lus .d'ai^ciens que de mouveaux \fl V n 1 'Tmiiveaux Sujots dans la Chambre, ce qae fcroit contrairc au Droit "Naturel, puis qu'il y a vingt Canadiens contrc un ancien Sujct. — Que. (devicndront nos Droits, confics i des Etrangers ^ nos Loix ? Qne Ic Confcil foit compofc de Trente Mcmbres, fans Appoiniemcnts, Article ». &c Demaade. Que cela fera bon, s'll fe troiive affez de Riches dcTintcrcdes pour Rrponda. prenilre le Parti dii Peiiple, I'honnetc Indigent ctant dans i'lncapacite de donner fon Temps pour ricn. Qiie les Loix Criminelles d'Angletcrre foient continuecs, &c. Article «. Que la Douceur de ces Loix doivcnt en fairedcfirer la Continuation, mats Rcpondu. Demande inutile, puilque nous Ics avons. Artirle 4. Demandc. Que les Loix, Coutumes, et Ufages de ce Pays, folent continutcs, fujcttes, neanmoins, aux Alterations que la Legiflation trouvera neceflaire, &c. Cv.: Ai n -le eft contradidloirc, en ce qu'il conftatc nos Droits, et les Repondu. detruits en'.ieremcnt. En Effet. n'eft ce pas les dctruirr, que de les fou- mettrc aux Alterations que la Legiflation trouvera neccflaire d'y faire ? — Nc deviendront ils pas arbitraires ? — Que pourra t'on ftatuer fur les Droits airni changeants que les Chambres auxquelles ils fcront foumis ? Article <;» Demande. Repondit* Article 6. Demande. Refondui Demande. Que les Loix de Commerce d'Angleterre foient declarees celle de cettc Province, fujettes aux memes Alterations que I'Article 4% &c. Que la Rcponfe a I'Article 4° eft la mcme pour celui-cL Que I'Adle d'Abeas Corpus foit en Foce, Sec. Que notre Augufte Souverain nous I'ayant accord*^, il eft inutile dc I'importuner pour cet Objet. Que dans les Cours dc Jurifdiftlon il foit accorde des Jurcs a la De- mande des Parties. Que cet Article eft entierement en Faveur du Ricbe, contre le Pauvrc. Repanda. Si ce font des Jures ordinaires, Pauvres, que deviendront vos Families, iorfqu'il vous faudra laifler vos Travaux, une Partie de I'Anncc, pour aller decider des Cauf-s qui ne vous rcgardent en ricn ? — Vous vous plaignez deja d'etre obliges dc les interromprc, lorfque vous ctes appelk's pour les Affaires Criminelles, ce qui arrive Six Fois I'Annee. Que fera ce don6 lorfque vous fcrez obliges d'afTifter a toutes les Audiences ? Quelqu'un dira peut etre que cela fe fiiit a Londres, qu'en confequence on le peut faire ' .il wiiura y joindre la Faye dc Dcuzc Juries? N'cfl: te paitcmu-r U Pc/.. '\ JuacKiairt; dc lujullicc k rindigcnt? Que le C!K'rilTs foient clus par la Chambrc, approuvcs et commifTionncs par k- Gouvcrncur, &"c. • » Que fi le Clieiiir nonime par la Chambrc nc convient pas au Gou- vcrncxir, ciuc dcvicndra rAdininillration dcs L.oix ct de la jufticc ? — De la nc s'cnluivra t'il a par un Temps d'Anarchic, prcjudiciablc aux Intcrcts publics. Que nul Officier Civil ne pourra ctre fufpendu dc fa Charge par le Gouverneur, fans le Confentcment du Confeil, &c. « Qii' aucune nouvclle Charge Civile foit crcce par le Gouverneur, fans Ic Conlentemcnt du Confeil, &c. Qi^ie les Emplois de Confiance foient cxerccs par Ics Perfonnes memes, Que les Trois Articles precedent feroient admilTibles en Temps et Lieu. Qi^i'il I'oic nomme des Juges dans les Cours de la Province, qu'ils ayent des Appointements fixes ct fuffifants, &c. Qu'il eftjufle d'avoir des Juges pour adminiftrcr la Juftice, qu'ils aient dfs Appointements fuffifants pour vivre convenablement a leur Ktat; car fans cela ou ils ncgligeront les Devoirs de leur Charge, pour s'occupcr de Soin* qui puilient les mettre plus a leur Aife, ou ils mettront la Juftice a rEnchtTc. Que les Appels des Cours de Juftice de cette Province foient fait au Lord Chancellier a la Cour de Weftminfter Hall. . Que nous avons eu jufqu'a prefent Recours au Roi, et ^ fon Confeil, qui prenoit nos Loix pour Guides de leur Dtcifion. Mais que devien - dront tous nos Droits rapportes dans une Chambre qui ne s'ccarte en rien des Loix et Conftitutions Bricanniques ? Hors, fi le Confeil de la Province change vos Loix, et y fubftitue celles d'Angleterrc, dans quelle Confufioa et Embarras ne nous mettra-t-il pas ? Si, au contraire, il les laifTe fub- fifter, quel Moyen d'Appc-1 aurons nous dans une Chambre qui y fait une entiere Abftradlion ? Qu'il plaife a Sa Majefte, pour le Bien du Commerce, et faire fleurir I'Agricukure, revetir la Chambre d'Affemblce du Pouvoir d'impofer des Taxes, &c. Que cet Article, murement confidere, pourroit donner Maticre a bien des Reflexions. Car, qu' y a t'il de Commun entre nos Demandes et cette Proximite, ce Climat, cette Situation desEtats Unis,qui leur donne I'A van- tage du Commerce fur nous ? Sera ce pas le Moyen des Taxes qu'on prolongera notre Ere de Trois Mois j qu'on rendra notre Fleuve navigable route I'Annee ? Non; done I'Avantage reftcra toujours chez nos Voifins. .Sera { 79 ) Sfra cc Ics Taxes qui fcront fleiirir no^rc Agriculture ? Non ; puif.jiip lc» Si'igneurs, po\ir I'ciKouragiT, tionncMt dcs 'I'orres pour Tioi", Aiii, fans incline Rcdcvancc, ct qu'elles rcftcnt inculces, faiitc ilc Moycns pour \c% oiivrir. Qu'frt: cc done qui pcut compenlcr leiir Avantagc fur nous? CVft Ic RipoH dont nos Caiiip;igncs out jouis jufiuTi prcH-nt: Kxnuptcs ch* Taxes tiles ont vus, nialgrc I'Apprcu- du Climat, Ic Fruit ilc Icurs 'i'ravaux, ct cii ont jouis. A ccia on rcpond que les Campagncs ont cte molcih'cs par Ic L.ogement dcs Troupes, et les Corvces, il cit vrai ; niais les Taxes qu'on icur impofera ks excmptcront iU de ccla ?— Voyuns le. L.orfque Ic Roi jugcra necclTaires d'envoycr des Troupes dans cttr Colonic, pour la Surete de nos Proprictes ; quelqu'un s'y nppofora-t'il ? Non, cVu un Droit que le Roi a dans tous fes Etais, fans meme c-tre oblige d'en rendre Compte. Avons nous des Cazcrnes en Ktat de logcr ces i'roupi.'s ? Non. — Pcuvent elles ttre toutc I'Annee I'uus des Tentcs? Non, done, nous ferons dcs Cazcrnes, ou nous les logerons. Les Troupes mencnt avcc dies un Train confuierable de Munitions, Vivrc-s 6cc. Qui tranlporiera ces Kffets k leurs Deftinations ? Dts Geni de bonne Volontc, dit-on, qu'on payera bien. Vous aurez des Gens de bonne Volontc, il cfl: vrai, mais a dcs Prix fi exhorbitants, que la Province ne pourra pas fouflire a cette feul Branche de Dcpcnfe. Les taxcru-t'on ? II n'y en aura plus. Done, pour ne pas arrcter des 'I'ravaux aufTi indifpen- fiblcs, on fera oblige de commander en Conlcqucnce nous tcrons des Corvces. C^ielqu'un dira, peut etrc, comme il a deja die, qu'on prenJra ce qu'on appelle Volontaires dans les Campagncs. Voila done une C'.alic d'Hommes Libres condamnes a rKfclavage. N'eft cepas afi'cz que la For- tune leur (bit ingrate, fans encore aggraver leur Malheur par hi Servitude? Cela etant inadmilTible, tout bien confidere, murement examine, il fauc .conclurre que les Taxes ne pourront pas nous exemptcr ni du Logcment dcs Troupes, ni des Corvecs j qu'en confequence la Chambre pour les impofer x(l cuntraire aux Interets de cette Colonic iadigente. i ■' Je certifie, que dans le Courant du Mois de Deccmbrc dc i'Ajinec 1784, j'ai imprime aux environ de Deux Cens Hxemplaircs des Obje£lions ci-defllis, et environ le meme Nombre d'une Adrefle h Sa Majefte, en Oppofition a la Chambre d'AIIemblce dans Ic nieme ^fpece de Terns. Montreal, 29 Pecembre, 1788. TL. MESSELET, Imprimcur,. . ,,«. >,jiiSr W ■:. .'■ } ,.'.;• ■ >{„,.> N'13. 1 : '( -So ) N' 13, 'Requc(l In- tloJuitoiy. .Anfwer. N ! Article 1. Rcquell. Anfwer. /rtlcle 2. Rcqueft. Anfwer. Article 3. ;Jlequtit ..^fwer. {(TRANSLATION.) OBJECTIONS to the Requefts made to Our Gracious So- vereign by the Addrefs read in an Aflcmbly, held at the Reverend Fathers Recolets, the 30th Novennber 1784. TH A T, confidering the Burthen on Great Britain, we may be allowed a Houfe of AfleiTibly to itnpofe Taxes, &c. That it is certainly with Concern that we ought to confider the Bur- thens of our Mother Country ; but alas ! cur Concern can be of no Avail; for what Remedy can we offe' in Support of them ? We ! whofe Wants cncrcafe every Day !— We! who every Year ftrip ourfelves even to the laft Farthing to pay for thofe Articles (already confumed) which we are obliged to take from our Mother Country ! — We ! who notwithftanding the enormous Purthens of this Country, occafioned by the War, are ftili in Arrear with the Pt/Tctropolis to a very confiderablc Amount, what are our Refources for the Support of Taxes ? - Are they in our Cities ? Who is unacquainted with the Diftreffes of Our Citizens ? — Are they in the 1-ands ? Who does uot know that the Countries indebted to the Cities have not yet been able to difchare^e thofe Debts, and that Mifery is the Lor of a great Part of the Inhabitants of thofe Countries ? — What then niuft be the Conftqucnce if a Portion of their Toils is to be applied to tlie Support of the State ? This Reprefentation, true in all its Points, ought to prove that an Houfe of Aflembly to impofe I'axes is not only unneceflary, but evenpre- judical to the Tnterells of this Colony. That the Houfe fliall indifcriminately be compofed of ancient and ncvf SubjetSts, &CC. This Article requires a greater e^!^,*,'"||[". for, by the Word indifcrimi- nately, there may be as many and even more ancient than new Subjects in the Houfe, which would be contrary to natural Right: As there are Twenty Canadians to One ancient Subject, what is to become of our Rights, entrufted to Strangers to our Laws ? That the Council be compofed of Thirty Members, without ^ ^^a &c. iries, ntment^ That would be very proper, if among the Rich there is a fufficient Number of difmterefted Perfons to take the Part of the People, the poor honeft Man being unable to give his Time for nothing. That the Criminal Laws of England be continued, &c. That the Mildnefs of thcfe Laws ou^ht to make the Continuation of t f MM Anfwer. Requelt. Anfwer. Article 6. Requeft. Anfwer. ( St ) themdcfirablc} but it is an unneceffary Rcquen, as we ali-eady enjoy them. That the Laws, Cuftoms, and Ufages of this Country be continued, Article 4. fubjeft neverthelefs to the Alterations which die Legiflature fhall find Re " V M ■- -* r - .Y TlS, ■ C '';'f'iij N- 14 «i . ( 84 ) I.M N» 14. COPY of a Petition, intituled, "The Petition of Sir John " Johnfton, Bart, and others, in Behalf of the L.oyalifts fettled " in Canada." Dated London, nth April 1785; and figned by Colonel Gay Johnfon, and others. To the K I N G's Moft Excellent Majefty. The Petition of Sir John Johnfton, Baronet, and othe..'«, whofe Names are hereunto fubfcrib"-!, on Behalf of the Officers and Soldiers of the Provincial Troops and Indian Department, who ferved under their Command during the late Rebellion ; and of the other Loyalifts, their Aflb- ciates, who have taken Refuge in Canada. Moft humbly Iheweth, • * 'TP HAT the Perfons of the above Defcription, animated by your Pc- "■• titioner's Example, having facrificed tlieir Eftates and Properties ia Support of Your Majefly's Laws and Governm<:nt, did faithfully ferve in Canada, and on its Frontiers, till the Redudion of thefe Corps ; when being ftill actuated by the fame Principle of Loyalty and AfFeftion, they, to the Number of feveral Thoufands, refolved to fettle within Your Majelty's Government, on the Lands alfigned them as a Reward for their Services, , and in purfuance of the Proclamation of Your Majefty's Commiflioners in the Year 17765 and entered earneftly on the Improvement thereof, with a Profpedt of making a Provifion for their Families, and thereby contribut- ing greatly to the Advantage, Strength, and Security of diat Province, and to the Increafe of Your Majefty's Revenues. That the Tenure of Lands in Canada is fuch as to liibjeft diem to the rigorous Rules, Homages, and Refcrvations, and Reftriftions of the French Laws and Cuftoms, which are fo different from the mild Tenures to which they had ever been accuftomed, and which continue to be enjoyed by the :r>l of Your Majefty's Subjefts, has occafioned a general Difcontent and would have induced many to decline accepting their Locations, and to refolve on abandoning their Enterprize, but for the Influence of Your Petitioners, who had firft led them into the Service, and on whofe Fndeavours they relied for obtaining, through Your Majefty's Favour, t'ae Grant of fuch Terms aiid Tenures, and die EftabliOiment of t!ic fame Laws, as they formerly enjoyed under the Aufpices of Your Majefty's Government. In full Confidence of this happy Event they were prevailed upon to perfevere in their Settlements, on which they have already, at fom.e Expence, and much Labour, eredled Habitations, and cleared Part of the Lands allotted to them. For the Attainment of thefe Objefls, fo eflential to the Happinefs of Your Majefty's faithful Subjcdls, fo conducive to the Increafe of thefe new . Settlements, ( V ( 8s ) SiEttlements, and fo falutary in their Confequences to the Public, we have, iiijion mature Deliberation, formed a Plan, which, with the Reafons in Sup- port of it, we humbly prefume to fubmit to Your Majefty's Royal Conli- deration. I ft. It is propofed, that the County of Point Boudet, on the Lake St. Francois, in the River St. Lawrence, and from thence Weltward, fhall be comprehended within One Diftrift diftindl from the Province of Quebec, un- der the Government of a Lieutenant Governor and Council, to be appointed by Your Majefty, with the neceflary Powers of internal Regulation, but fiibordinatc to the Governor and Council of Quebec, in the fame Manner as the Ifland of Cape Breton now is to the Government of Nova Scotia. This Territory will include all the Sett! nnents made or intended to be made by the difbanded Corps, and the other Loyalifts, while it leaves all French Canada and the French Seigneuries as they were before. 2dly. That this Territory fhall be fubdivided into fmaller Diftrifts or Counties, Cataraqui being the Metropolis, with Courts of Jullice, to be eftablifhed by Your Majefty. In Support of fuch ar Arrangement, we beg Leave to remark, that it v/ill be produdlive of the moft beneficial Confequences, not only to the Settlers, but to the Nation at large. Whilft this Territory remains a Part of the Province of Quebec, and the Inhabitants amenable to the Courts of Juftice there and at Montreal, the Delay and FLxpence of an Attendance on thofe Courts, both to Suitors and WitnelTes, will be enormous, the Dil- tr.nce from Detroit to Montreal being not lefs than Six hundred Miles, without any Road whatfoever, and the Water Communication exceedingly tedious, precarious, and during the Winter Seafon abfolutely impafTable : Crimes will be committed with Impunity, from the Difficulty of Profccu- tions ; and Civil Remedies in Effeft rendered burdienfome from the lame Caufes. The Inhabitants of this Territory, already amounting to fcveral Thoiifancls, conceive with all Humility that they have tiu ftrongeft Grounds to hope for fuch an exempt Jurifdiftion as they afk for: They were born Britifli Subje(fl:s, d.r\d iiave ever been accuftomed to the Government and Laws of England. It was to reftore that Government, and to be reftored tc thofe Laws, for which from Hnfbandincn they became Soldiers, animated with the Hope, even in the moft gloomy Afpedt of Public Afl'airs, tliat fliould they fail in their Attempts to lecover their former Habitations by a Reflo- ration of Your M-'jefty's Government, they would ftiil find a Refource in fome Parts of the Britifli Dominions, where they might enjoy the BleJTings •of Britifli Laws, and of the Britifli Government; and they ftill pofTefs the greateft Confidence, that by Your Majefty's Gracious Intcrpoficion they will be exempted from die Burthens of French Tenures, which, however congenial they may be to Men born and bred under them, would be in the higheft Degree exceptionable to Englifhmen. The Petitioners have the more Confidence in the Succefs of their Application, from refiedling that they do not afk for more than has already been granted to their Fellow Suf- ferers in Nova Scotia, for lefs indeed than is enjoyed by thole who are Jettled in the Province of New Brunfwick, and only to be in the fame Y Situation ;U I, I m^k wH ( 86 ) Situation with the Settlers in the Ifland of Cape Breton: A Diftinftion be- tween Men under the fame Circumftances of Profcription, Confifcation, ai d Attainder, and who nad been invited into the Public Service, and to take Part in the Royal Caufe, by the fame Affurances of Proteftion, and the fame gracious Offers of Rewards, in the One Cafe continuing to Settlers the Bleflings of the Britifli Conftitution, and in the other fubjedihg them to the Hardfhips of French Tenures and French Laws, they truft will not be permittted by a Gracious Sovereign, who is the Father of all His People. In Confideration of the vaft Extent of this Territory, along an important and valuable Communication, which is not only the Channel of the Fur Trade, but the Refidence of thofe Nations of Indians wlio took Part in Support of the Royal Caufe, the Security, Growth, and Extenfion of thefe Settlements, muft evidently be an Objcft of the utmoft Confequence, not only as it will mod eflentially fecure and promote that Trade, but as it will preferve thofe Indians in their Adherence to Your Majefty. The United States are duly imprefled with this Idea, and have already manifefted a Purpofe of fupplanting us in the Friendfliip of the Indians ; and unlefs they are counterafted, the Britifii Inrereft with thofe Nations will very rapidly decline. We humbly prefumc that effedually to counteract them nothing would be fo conducive as the Ertablilhment of a liberal Syftem of Tenure, Law, and Government in this new Settlement ; this would beft contribute to the Growth and Increafe of it; for, while it would ftimu- late the Adventurers themfelves to the moll vigorous Exertions, it would invite and encourage Emigration to it ; for as the prefent Inhabitants before the Rebellion principally refided in the now United States, their cxten- five Connexions there, from their Attachment to Your Majefty, their ancient Predileftion in favour of the Britifli Government, their Diflike of the Republican Governments they now live under, as well as from their Family, and Perfonal Attachments, would be ftrongly induced to remove to this new Colony : Should Your Majefty gracioufly vouchfafe Your Royal Protedlion to thefe Settlements, we are confident that in every Com- petition for the Favour of the Indians Your Majefty will have a decided Advantage, not only from the Influence which many of Your Petitioners are known to have over them, but becaufe Numbers of the prefent Settlers have long hcen in Habits of Friendfliip and mutual good Offices with them, fliaring the fame Dangers, and fighting in the fame Caufe;, and whofe former Prepoflefllon would thus, by Means of a familiar and conftant Intercourfe with Your Majefty's faithful Subjefts, he beft prc- Jl rved rnd rendered permanent. Upon the Wl nle, whether we confider the Relief and Profperity of the Settlers as Suiierers in tlie Caufe of their King and Country, for whom Your Majefty has ever expreffed fo benevolent a Difpofition, or the Advancement of the Settlement, as conducive to the Benefit of the Nation, in either View, and much more in both Refpefts, do we conceive that the Plan now propofed is fuch an One as will merit and obtain Your Royal Attention and Patronage. For our Part, we conceive ourfelvts bound by the ftrongeft Ties to ufe .every Endeavour in our Power to promote the Wilhes of thefe People : It \ \ri % ^ >- > > I ^ , * i .^&,.,;.. ■-■"^■(r-. ; N^ 17. ' »- ,; E X T R A C T S of the Addreis of the Inhabitants at and above ■ Cataraqui, to the Right Honourable Lord Dorchefter, 17 th November 1786. A Circumftance highly pleafing to us is, that the whole Body of Loyalifts have the common Happinefs of being placed under your Lordfhip's Government i and- from your Lordfhip's great WilHom, intimate Knowledge of their Interefts and Expedlations, and the particular Attention paid by your Excellency to their Concerns on former . Occafions, we have formed the mod fanguine Hopes that we, who are fettled on the Frontiers of this Province, will be confidercd as Members of the fame Body, and be bleflfed wirii the fame Privileges and Indulgencies as have been granted to our Fel- low Sufferers and Fellow Subjefts in the other new-formed Settlements in Britifh America. The ' r 93 ) . ; The imiform and generous Attention of Government to our Affairs, and the Encouragement and Patronage we have received from your Lordfhip's worthy PredecefTors, will not permit us to entertain a Doubt, but under your Lordlhip's Aufpices our moft valuable Interefts will be fecured, and every reafonable Expedation gratified. 1 ,1 N° 1 8. ':^:.:' COPY of Petition of Inhab'.iants from Point au Boudet, on X-ake St. Francis, Wcftward as far as Niagara, April 15th 1787. To His Excellency tte' Right Honourable Guy Lord Dor- chefter. Captain General and Governor in Chief of the Co- lonies of Quebec, Nova Scotia, and New Brunfwick, and their Dependancies, and Vice Admiral of the fame. General and Commander in Chief of all His Majtfly's Forces in the &id Colonies, and the Ifland of Newfoundland. The Petition of the Subfcribers refiding in the new Set- tlement, in Behalf of themfelves and the Inhabitants at large in the refpeftive Townlhips from Point au Boudet, on Lake St. Francis, Weftward as far as Niag.,rai v . .mp - Humbly Sheweth, THAT your Petitioners, imprefled with the moft lively Sentiments of Gratitude, beg Leave, through the Channel of your Lordlhip, ro offer their fincere and united Tribute of Thanks to their Moft Gracious So* vereign, for the fingular and multiplied Favours conferred on them $ at the farae Time they prefume that your Lordfhip will, with your wonted Good- nefs, intereft yoyrfelf in regard to fome Propofitions they have to make, "which, with Submiflion, they conceive are very eflential to promote the Happinefs of the People, and facilitate the Progrefs of the Settlement ; and they humbly hope, that what your Lordlhip cannot with Propriety grant yourfelf, you will be fo condefcending as to recommend to His Majefty, for IrlJs Royal Approbation and Confent. A a . -^ ift. It 'H 1 \ ■) t 94 ) i-'. )\ bii ' ,-) » I,? (.; i '^ 'eg to infocm your Lordihip, that a Number of. the Inhabi- 'tarns ( 95 ) ttants who have been in the Service are fo unfortunate as not to have drawn any Clothing, by Reafon of their not being in the Province at the Periods when it was iffued ; and that others, who cannot be put in this Clafs, are yet, notwithftanding, on Account of their diftrefTed Situation, rendered Objeds deferving of fuch an Indulgence. 7th. They pray, that fome Plan may be adopted to expedite the Bufinefs of running the Divifion Lines in the refpeftive Townlhips, to prevent the Increafe of an Evil already experienced on Account of that not being done. 8th. They pray that a Poft Road may be eftablifhed from Montreal to Cataraqui, with Poft Officers for Letters, &c. at New Johnilown, New Oi- wigatchie, and Cataraqui. 9th. They pray that a Paffage may be opened from the Flead of the Bay of Qainty through Lake Huron, for the BeneBt of the Indian Trade, a Channel which at the fame Time that it is univerfally acknowledged tu be fuperior to the old, holds out a ProfpeA of the moft flattering Advan- tages, not only to the Commerce of this Province in general, but to this Settlement in particular. It is alfo humbly requefted, that the Shipping may be allowed to rendezvous at Cataraqui, and the Inlubitants have fcee Ufe of the Lakes for whatever Craft they may chufe to build, loth. They pray, that Three Places may be pitched upon between Point au Boudet and Cataraqui, for the Purpofe of receiving Grain from the Settlers when they have any to fpare, in confequence of your Lord- thip's generous Propofal communicated to them through the Inipeftor of Loyalifts. nth. They pray your Lordfhip will be fo kind as to ufe your Influence with the Commiffioners appointed, to examine the Claims of the Loyalifts, 4:0 induce them to make a Journey to New Johnftown, New Ofwegatchie, and Cataraqui, to inveftigate the Claims of the Loyalifts on this Commu- nication, as the Poverty of the Settlers in general, and the Expence of an Attendance at Quebec or Montreal, in the Proiecution of their Claims, will difcourage them from the Attempt, or oblige them totally to re- linquifh thenu 1 2th. They alfo pray, that your Lordfhip will be f) good as to confirm to them the Ufe of the Locks or Canals, as hitherto granted by his Honour Lieutenant Governor Hope, and that you will likewife pleafe to put them on an equal Footing with die Eighty-fourth Regiment, m regard to the Proportion of Lands granted to that Corps. This is a flattering Objed to your Petitioners, whofe Finances are moftly exhaufted in the cKpendve and arduous Taflc of forming a Settlement in a new Country^ and which on that Account, as well as the Juftice of their Pretenfiona, they hope wdl induce your Lordfhip to. take this Matter into Confi- deration Upon the Whole, your Petitioners have the fuUeft Confidence that your Lordfhip will be fo good as to pay every Attention to the feveral Articles contained in this Petition that accord with Reafon and Juftice t and I h i; v5 ( 96 ) and thofe which may appear otherwife they conceive ydur Lordfliip will kindly impute to a miftaken Opinion, or Want of proper Information. w • And Your Petitioners, as in Duty bound, will ever pray. Signed, Petpr Van Alftine, 4th Townftiip-i wr Alex' M' Donell, Townfhip, N" Geo. Singleton, 3 Arch"* M' Donald, 5 John Everitt, i Henry Simmons, 2 New Johnftown, April 15th, 1787. D" j'5 IS. Anderfon, Townlhip, D' \f^\ John M' DoneU, D» D' I 3' j Rich" Duncan, D' J ^ L Jo^ Munro, W" Frafer, Juftus Sherwood, James Campbell Jii* Jones, Tho' Sherwood, 7 Peter Frul, i 4 1 D= D" D» D» D" N' I. 2. 3- 4. 5- 6. N'7. N^8. ■ ti.'i'i^^i.,. * N*' 19. ' ', PETITION from the Canadians to the King, dated Mont- real, 13 Odober 1788. (COPJE.) La tres humble Addrefle des Citoyens et Habitans, Sujets Ca- nadiens de differens Etats dans la Province de Quebec, en Canada. A U R O I. ( ■ S I R B, TT" O S fideles et loyaux Sujets Canadiens ofent approcher le Trone de ^ Votre Tres Gracieufe Majefle, pour lui exprimer la Surprife que leur occadonne une Demarche hazardee des anciens Sujets de Votre Majeftc aupres de fon Augufte Parlement, qui a pour But rEtabliflement d'une Chambre d'Aflemblce, rintrodu(5lion des Loix Britanniques dans notre Province, et I'Abolition de nos Loix Municipales. Que ces anciens Sujets, Tres Gracieux Souverain, dont les Inquietudes fe renouvellent fi fouvent, demandent en leur Nom ce qu'iis croidnt leur Convenu davantage, Vos nouveaux Sujets n'y feroient ^u'une foible Attention; mais qu'ils fe prevalent, fans aucunFondementdu Concours una* nime de notre Nation, pour donner plus de Poids a leurs Demarches, et qu'ils fe pretcndent autoril<^s k cet EfFet de Vos loyaux Sujets Canadiens en general, cela leur paroit une Temerite k laquelle ils ne peuvent fe difpenfer a objedter, et contre laquelle ils implorent Votre Proteftion Royale, et celle de Votre Augufte Parlement. f Noo ( 97 ) Non, Trcs Graclcufc Souverain, Vos nouveaux Sujets n'ont jamais ac- cede, et font bien loin d'adherer aux Dcmandes de Vos Anclens, done Its Vucs ne peuvent tendre a autre Chofe qu'a nous piiver de nos Droits, en nous rendant inconnus et impraticables les Moyens de les coiifcrver. Qu'un petit Nombre des Canadiens fe foit laille entrainer, cela peut ctrej mais nous ne craignons pas de dire que la plupart nc pofledent que peu de Biens fonds dans notrc Province. Contre tout Principe de Juftice et d'Equite, et centre nos Droits et nos Privileges les plus facrc, jamais, Tres Gracieufe Souverain, les grands Proprietaires de notre Nation, et les difFerents Etats qui la compofent ea general, n'ont etc confultes, pour faire des Innovations aufli importantcs a leur Bonheur, et i leurs Interets communs. Les humbles Addrefles prc- fentces de notre Part h Votre Tres Gracieufe Majefte font une Preuve au- thentique de notre Oppofition conftante; nous remettons au Tres Honour- able Lord Dorchefter les plus recentes, que nous le prions de tranfmcttre au Pied du Trone de Votre Majefte^ ainfl que celles que lui ont ete prelientees dans I'Annee 1787, par les Citoyens des Villes de Quebec ct de Montreal. Ce digne Reprefentant du meilleur des Rois eft en Etat, par fes Connoif- fances acquifes fur les Lieux, d'attcfter la Verite de nos Avances. Nos Dcmandes, Augufte Monarque, fe reduifent ^ conleryer nos Loix Municipales, mais qu'elles ibient ftridlement obferv^es; qu'il y ait dans le Confeil Legiflatif de notre Province un Nombre proportiorine de Vos loyaux Sujets Canadiens. Nous priver de ces Loix et de cette Faveur fe- roit a rUnivers entier un Sujet de croire que, par notre Deloyaute, nous nous ferions attires TAnimadverfion de Votre Majefte. — Ces Loix, fur lef- quelles font appuyes I'Exiftence de nos Droits, et la Confervati^n de toutes nos Proprictes, nous font e^alement precieules et neceifaires, et loin de nous detacher, comme on a injuftement voulu inflnuer, de la Fidelite que noas avons folemnellemcnt jurce, et inviolablement gardee a. Votre Tres Gracieufe Majefte i elles nous feront, au contraire, un Motif cjeredoubler de plus ea plus notre Attachment a Votre Perfonne Sacree, ainfi que nos Vceux pour la Profperite de Son Regoe gloricux, Sa Confervation, et celle de Soti Augufte Famille. Montreal, le i3*Oftobrei788. Signed by 748 Perfons. *■■" u ' After the Signatures the following: Par devant les Notaires Publics pour la Province de Quebec reddens k Quebec, eft compare Pierre Amable de Bonne, Ecuyer, Tun des Juges a Paix de S. M. Seigneur du Sauk St. Marie, et de Choify, Depute des Sujets Canadiens, tant des Villes que des Campagnes, dont les Signatures et Noms font infcrits en Thumble Addrefle ci-defTus, lequel nous a re- prefente, I. Un Pouvoir des Habitans de la Riviere de la Prairie au dit P. A. de Bonne, Ecuyer, de tranfporter leurs Noms fur I'humble Addrefle a prcfenter :a Sa Majefte, au Nombre de 157 Signatures. Bb ' 2. Pardl f ■ ' , ;. \ ! i ( 98 ) 2. Pareil ."*ouvoir par Chriftophe Sanguinet, Ecuyer, Seigneur dc Va- rennes, I'un des Juges k Paix de S. M. au die P. de Bonne, Ecuyer, de tranfcrire et appofcr au Bas de la dite AddrelTe, en Confequcnce de fon Certificat donnc a Varcnnes le 20 Odtobre de la prclente Annce, contcnant 50 Signatures et Noms. 3. Un pareil Pouvoir au dit Pierre de Bonne, Ecuyer, dat^ aux Trols Rivieres, le 20 Oftobre mcme Annee, de tranfcrire et appofer fur la dite Ad- dreflc les Noms et Signatures, au Nombre dc 1 9, qui fe trouvcnt au Bas du dit Pouvoir. 4. Pareil Pouvoir, certific par Paul Margane, Ecuyer, Sieur de Laval- tier, Seigneur de Lavaltier, I'un des Juges k Paix de S. M. par lequel Ics Habitans, au Nombre dc Cent Quarante-quatre, ont figne au Bas du dit Certificat, permettant et autorifant le dit Pierre de Bonne, Ecuyer, k tran- fcrire et appofer leurs Noms ct Signatures au Bas de la dite Addrefle. 5. Pareil Pouvoir, certific le 13"" Oftobre, meme Annee, par Paulc La Croix, Ecuyer, I'un des Juges a Paix de S. M. au dit Pierre de Bonne, Ecuyer, d'appofer les Noms et Signatures des Habitans de St. Phillipe, au Nombre de 5 1 j dc la Prairie, au Nombre de 1 5 ; de St. Conftant, au Nombre de 42 j et un autre Pouvoir de la Paroifle de St. Conftant, pour le meme Objet, de 59 Habitans. 6. Un autre Pouvoir des Habitans dc St. Vincent, au Nombre dc 88, fuivant ,1c Certificat du Capitainc Jofeph La Croix, Prcfence de Jofeph Turgeon et Chatelier, Notaires Royaux, de tranfcrire et appofer les Noms et Signatures y infcrites. 7. Pouvoir donne a Jean B'" Couillard, Ecuyer, I'un des Juges a Paix de S. M. pour le meme Objet, au Nombre de 1 2 Seigneurs, Gcn- tilshommes et Proprictaires dans la Riviere du Sud, et autres Lieux, que nous avons collatione a la Requifition du dit Pierre Amablc de Bonne, avec la prcfente Addrefle, dont il a requis after, quant aux Noms tranfportcs, comme ci-deffus, que nous lui avons oftroye. Fait et paffe i Quebec, en la Maifoh de Gabriel EIreard Tafchercau, Ecuyer, I'un des Juges k Paix de S. M. le X Novembre, 1788. Signee a la Minute reftce entre nos Mains. [ P. A. DE BONNE, JACQ^UES P I N G U E T, Notairc j ct dc nous Notaire foulligne, ■ ' CH. N O y E R, Not. Pub. , t/ <.., ..^' ..' ,.«_ . «• N' 20. <*f" * 4 ( 99 ) N»20. TRANSLATION of a Petition from the Canadians to tlie Kbgi dated Montreal, 13th Oftober 1788. . V:; ' To the K I N G. ' , , •'.''■■ The moft humble Addrefs of the Canadian Subjefts, . Citizens and Inhabitants of the Province of Quebec, in Canada. Sire, VTOUR faithful and loyal Canadian Subjefts prefume to approach the * Throne of Your Moft Gracious Majefty, to exprcfs their Surprize at the ralh Proceedings of Your Majefty's old Subjefts towards Ycur Par- liament, Proceedings which have for their Objeft the Eftablifhment of a Houfe of Aflembly, the Introdu6tion of Britiih Laws into our Province, and the Abolition of the Municipal Laws. Were thefe old Subjefbs, whofe Inconveniencies are fo often renewed, to alk in their Name what they imagine would be of greater Advantage to them. Your new Subjedls, Moft Gracious Sovereign, would pay but a trifling Attention to it j but when they take Advantage, without Foun- dation of the unanimous Concourfe of our Nation, to give more Weight to their Proceedings, and when they pretend to be fo authorized by Your loyal Canadian SubjeAs in general, it appears to them a Rafhnefs which they cannot but objeft to, and againft which they implore the Royal Pro- teftion of Your Majefty, and of Your Auguft Parliament. No, Moft Gracious Sovereign, Your nejy Subjedbs have never acceded to, and are far from approving the Requeft of Your old Subjefts, whole Views tend only to the depriving us of our Rights, by making the Meant of preferving them dark and impradlicable. It is poflible that a fmall Number of Canadians may have fufFered themfelves to be d;;->'.i in, but we do not hefitate to affert that the greateft Part poflefs but a i, nail Pro- portion of Property in our Province. Contrary to every Principle of Juftice and of Equity, and contrary to the Rights and moft facred Privileges, Moft Gracious Sovereign, the great Proprietors of the Nation, and the different States which compofe it, have never been confulted in fuch important Innovations, both to their Welfare and to their common Interefts. The humble Addrefles prefented from us to Your Moft Gracious Ma- jefty are an authentic Proof of the conftant Oppofition: We refer the latcft to the Right Honourable Lord Dorchefter, which we requeft him to tranfmit to the Foot of Your Majefty's Throne, as well as thofe whcih were prefented to him in 1787 by the Citizens of Quebec And Montreal. ■ This '*n\ hi ' V'Hi ( 100 ) Tins woitliyReprefentative of the bell of Kings is enabled, by his local Kiiowlcilge, to atttll the Truth of what wc advance. Our Requeft, Moft Augiirt Monarch, is confined to the Prefervation of our Municipal Laws, bvit to the Ilriift Obfcrvation of them; that we may have in the Lcgiflative Council of our Province a proportionate Number of Your loyal Cana- dian Subjefts. To deprive us of thefe Laws, and of this Favor, would be to the whole World a Subject of Sufpicion that we had incurred the Cen- furc of Your Majefty by our Difloyalty. Thefe Laws, on which the I'xiftence of our Rights, and the Prefervation of our Property reft, are equally valuable and nectflary to us ; and far from detaching us, as has been unjuftly infinuated, from the Fidelity which we have folemnly fworn, and inviolably obfervcd, towards Your Majefty, they will be a Motive of tncreafing more and more our Attachment to Your facred Pcrfon, as well as of the Prayers for the Profperity of Your Glorious Reign, and the Pre- fervation of Yourfelf and Your Auguft Family. Montreal, i3 0a.obcr, 1788. Signed by 748 Perfons. After the Signatures, the following: J3cforc the public Notaries for the Province of Quebec, refident in Que- bec, appeared Pierre Amable de Bonne, Efquire, one of H. M. Juf- tices of the Peace, Seigneur of Sault St. Mary, and de Choify, De- puty from the Canadian Subjeds, both from the Cities and the Coun- try, whofc Names are fubfcribed to the above Addrefs, who has pro- duced to us, I . A Power from the Inhabitants of the River of the Meadow, to the faid P. A. Debonne, Efquire, to add their Names to the humble Ad- drefs to be prefented to H. M. to the Number of 1 57 Signatures. a. A like Power by Chriftopher Sanguinet, Efquire, Seigneur de Va- rennes, one of H- M. Jufticetf 'bf the Peace to the faid P. A. Debonne, Efquire, to fubfcribe to the faid Addrefs, in conlequence of his Certificate given at Varennes, 20 Oftober, in the prefent Year, containing 50 Sig- jiatures and Names. 3. ,A like Power to the faid P. Debonne, Efquire, dated at Three Ri- vers, the 20th Odlober, to fubfcribe the faid Addrefs with the Names at the Bottom of the faid Power, amounting to 15. 4. A like Power certified by Paul Margane, Efquire, Sieur de Laval- tier, Seigneur de Lavalticr, one of H. M. Juftices of the Peace, by which the Inhabitants, to the Number of 144, figned at the Bottom of the faid Certificate, permit and authorize the laid Pierre de Bonne, Efquire, to fubr fcribe their Names and Signatures at the Bottom of the faid Addrefs. 5. A like Power, certified 13 Oftober, in the fame Year, by Paul la Croix, Efquire, one of H. M. Juftices of the Peace, to the faid P. De- bonne, Ef(^uire, |o fubfcribe the Names and Signatures of the Inhabitants of St. Philhp, to the Number of 5 1 j of the Meadow, .to the Number of 1 5 ; of St. Conftant, to the Number of 42 ; and another Power from the Pa- rifljLof St..Conftanj:, with the fame Vievy, by 59 Inhabitants. '6..A ( lOI ) •6. A like Power from the Inhabitants "f St. Vincent, to the Number of 88, according to the Certificate of* Captain Jol'cph La Croix, in the Prc- fence of Jofeph Turgcon and Chatelicr, Royal Notaries, to iubfcribe the Names and Signatures there written. 7. A Power granted to Jean B" Couillard, Efquire, one of H. M. Juftices of the Peace, with the fame View, to the Number of 12 Seigneurs, Gentlemen and Proprietors on the South River and other Places, which we /-« Rivur* have compared, and aJded, at the Requcft of the faid P. A. Dcbonne, to ^^ ^'*'' this Addrefs, of which he has required a Certificate in rcfpedt to the Names fubfcribed as above, which we have granted. Done and paifed at Quebec, in the Houfe of Gabriel Elreard Talhercau, Efquire, one of H. M. Juf- tices of the Peace, the 3d Nov. 1788. Signed, from the Minutes in our Pofleflion, P. A. DE BONNE, JACQUES PINGUET, Notary i and by me, the under-figned Notary, CH. NOYER, Not. Pub. N° .21. PETITION from Canadians to Lord Dorchefter; dated Montreal, 13th Oftober 1788. CO PIE. A fon Excellence le Tres Honorable Guy Lord Dorchefter, Cap- taine General et Gouverncur en Chef des Colonies de Que- bec, Nouvelle Ecoffe, et Nouveau Brunfwick, et leur De- pendances. Vice Amiral d'icelles. General et Commandant 'Cn Chef de toutes les Troupes de Sa Majefte dans les dites Colonies, et dans I'lfle de Terreneuve, &c. Sec. &c. <^'il plaife a Votre Excellence, T E S Canadiens foumis au Gouvernement de votre Seigneurie ont vu avec un Deplaifir inexprimable, dans ies Papiers publics de Londres, qu'un des anciens Sujets, dans une Addrefle a la Chambre des Com- munes de ia Grande Bretagne, fe feroit qualifie de Depute des an> ciens et nouveaux Sujets de Sa Majefte dans la Province de Quebec. Cette Addrefle, Mi Lord, qui a pour Objet une Chanfibre d'Aflemblce, et I'Abolition des Loix et Coutumes de cette Province, loin d'etre ap- puyce des Sujets Canadiens, eft egalement contraire a leurs Interets, et op- pofee a leurs Dedrs. Quelques uns de nos Compatriotes peuvent a la Veritc s'etre joints avec les anciens Sujets, mais votre Excellence fait de quelle Importance eft cette Union; elle connoit aufll que plufieurs des Poflefleurs de Fonds, Anglois d'Origine, ne font point du Sentiment d'eta- iblir une Chambre d'AJTemblee en cette Province^ ni d'en abroger les Loix ' C c . . anciennesi l( i''" * / .' 4, .iU li m y^ ( 102 ) anctcmics ; que les ancicns Sujcts euflcnt fait ccttc Demarche poor parvc nir k Icur Fin •, qu'ils euflent chcrchc en s'aclrcflant k la Chambre Baflc du Purltnicnt, il dcroutcr Its Canadiens en les eloignant du Tr6iie, aupres du- quel iU apprchcndoient pcut ctrc qu'ils trouvaircnt de I'appui j fans parlcr en Icur Nom, et luiis vouloir perfuailcr a cettc Auguile Aflemblcc que les Canadiens en grncral dcliroicnt le Changement par eux propofr, ct qu'il tcnoit k Cruautc qu'un tcl Bienfait leur fut denic; les Canadiens fans Doute fe fcroicnt pcu inqiiictcs d'une pareille Demarche, fachants bien que chuqu'un .1 Droit de reprcfcnter pour foi-memc : Mais, Milord, obliges de romprt*. le Silence, ils nc peuvcnt s'empecher de dire que Ic Depute s'eft mal il- piopos, et tcmerairement fervi de leur Nom. Qui peut mieux que votrc Kxctilcnce attcller la Sinceritc de TOppofition qu'ils croyent Devoir former a ccttc nouvclle et trop fouvent reiterte Tentative ? Vous connoiflfez, Milord, notre Luyautc, nos Intcrcts reels, et nos Propri^tcs. Vous favez que, loin lie defircr le Changement propole, nous y avons conftamment formes des Oppofitions. Ces memes Oppofants, defireroient que votre Excellence fit un Kap|X)rt k Sa Tr^s Gracieufe Majeftc, qui, k fes Yeux, et a ceux de Son Auguu Parlement, put les caradleriler ct donner une Idee jufte de Compa- raifun de I'lmportance des Proprictes des uns et des autres. Qu'il nous foit done Dermis, Milord, de reclamer ici la Protedlion dont vous nous avez tant de Fois favorifc, et k laquelle nous nous reconnoiflfons redevablesdes Bienfaits de notre Auguflc Souverain, dont le plus fignale eft de vous avoir rendu a nos Vceux. Nous prenons la Ijberte de tranfmettre k votre Excellence notre trcs humble AddrefTe k Sa Trds Gracieufe Majefte, que nous vous fupplions de faire parvenir au Pied du Trone, et de I'appuyerde votre puilfimte Recom- mendation i nous y joignerons celle de i'Annee 1784, etefperons que votre Seigneurie voudra bien y comprcndre cellcs que les Citoyens des Villes de Quebec et de Montreal fe firent I'Honneur de prefenter k votre Excel- lence dans les Mois de Janvier ct de Fevrier de I'Annee 1787. Ce Bienfait, Milord, ajoutera k la Reconnoiflance que nous conferverons ^ jamais de tous ceux dont notre Nation eft redevable k votre Seigneurie ; et nous redoublerons nos Vocux pour votre Confervationx ct celle de votre illuftre Famille. , ■ , Montreal, .le ly Odobre 1788. •'5.. V £2, X* ( «03 ) N" 22. TRANSLATION of a Petition from the Canaduni to I-ord Dorcefter; dated Montreal, 13th Oftober 1788. To his Excellency the Right Honourable Guy Lord Dor-^ chefter, Captain General and Governor in Chief of the Colonies of Quebec, Nova Scotia, and New Brunfwicic, and their Dependancies, Vice Adnniral of the fame, Ge- neral and Commander in Chief of all His Majedy'a Forces in the faid Colonies, and in the I (land of New- foundland, &c. &C. &CC. May it pleafe your Excellency, •THE Canadians under the Government of your LordOilp have with in- •^ exprefTible Concern obferved in the public Papers of London that one of the old Subjedts, in an Addrefs to the Houfe of Commons of Great Bri- tain, had flyled himfclf Deputy from the old and new Subjefts of His Ma- jefty in the Province of Quebec : This Addrefs, my Lord, the Objeft of •which is the Formation of a Houfe of Aflembly, and the Abolition of the Laws and Cuftoms of this Province, far from being fupported by the Ca- nadian Subjedbs, is equally contrary to their Interefts and to their Wilhes. Some of our Countrymen may, indeed, have joined the old Siibjefts, but your Excellency knows the Importance of that Union; you know alio that many Perfons of Property of Englilh Extraftior do not wilh to elhblilh a Houfe of Aflembly in this Province, nor to abolifli its ancient Laws ; that the old Subjefts had taken this Step to attain their Objefl ; that they had endeavoured, in their Addrefs to the Lower Houfe of Parliament, to fet afide the Canadians, in keeping them at a Diftancc from the Throne, where they were apprchenfive they might meet with Support : Without /peaking in their Name, and without wifhing to perfuade that Augnfl: Af- lembly that the Canadians in general would defire the Change propofed by them, and that it would be cruel to deny them fo great a Blefling, the Canadians without Doubt would be little alarmed at fuch Proceeding, well knowing that: every One has a Right to reprefent for himfelf. But, my Lord, compelled to break Silence, they cannot help obferving that the Deputy has improperly and ralhly made Ufe of their Name. Who, better than your Excellency can atteft the Sincerity of the Oppofition which they th . themfelves bound to make to this new and too often repeated At- tempt ? You know, my Lord, our Loyalty, our real Interefts, and our Property ; you know that, far from defiring the propofed Change, we have conftantly oppofed it. Thefe very Perfons would wifh that your Excel- lency fliould tranfmit to His Majefty a Report which might diftindlly cha- rafterife them both to Him and to His Auguft Parliament, and give a jull Idea of Comparifon of the Importance of die Property of each. Permit 1.1 i f I ( ( 104 ) ' us then, my Lord, here to claim that Proteftion with which you have fa often favoured us, and to which we acknowledge ourfelves indebted for the Kindnefles of our Auguft Sovereign, the moft fignal of which is the having reftored you to our Wifhes. We take the Liberty to tranfmit to your Excellency our moft humble Addrefs to His Moft Gracious Majefty, and we entreat you to forward it to the Foot of the Throne, fupported by your powerful Recommendation j we will join to it that of the Year 1784, and we hope your Lordfhip will have the Goodnefs to include thole which the Citizens of Quebec and Montreal did themfelves the Honour to prefent to your Excellency in the Months of January and February 1787. This, my Lord, will add to the Gratitude we fhall ever feel for all thofe Benefits for which this Nation is indebted to your Lordfhip -, and we fhall redouble our Prayers for your Prefervation, and that of your illuftrious Family. Montreal, ., , - , . , ; , ijthOftober, 1788. , V' 'M i: ■■ - ■ ', N° 23. : ■ - ' - COPY of the Memorial and Petition of Merchants and others, of the Cities of Quebec and Montreal, ift and 5th De- cember 1788. To his Excellency the Right Honorable Guy Lord Dor- chefter. Captain General and Governor in Chief of the Colonies of Quebec, Nova Scotia, and New Brunfwick, and their Dependencies, Vice Admiral of the fame. Ge- neral and Commander in Chief of all His Majefty's Forces in the faid Colonies, and the Ifland of New- foundland, &c. &c. &c. The Memorial and Petition of the Subfcribers, Mer- chants, and others of the Cities of Quebec and Mon- treal, on Behalf of themfelves and their Confti- tuents. Humbly ftieweth, 'T'H AT at a public Meeting of the Citizens of Quebec and Montreal refpeftively, held in the Fall of the Year 1784, a Committee from their Numbers was chofen for the Purpofe of framing and conducing Peti- .tions to His Majefty and to both Houfes .of Parliament, which Petitions ( 105 ) •were dated in November of that Year, and figned by upwards of Two thoufand Three hundred old and new Subjedls : That feveial Vacancies in the Committee then chofen having occafionaily happened by Death and otherwife, new Members were neceflarily appointed: Tha^ the Mem- bers of the faid Committee, fo chofen and continued, have the Honour to addrefs your Lordftiip on Behalf of themfelves and their Conilituents, the Subfcribers to the aforefaid Petition of 1784: And to fhew, , That by your Lordftiip's Condefcenfion the Inhabitants of this Province have been favoured with a Publication in the Quebec Gazette, of the Petitions to His Majefty and to your Lordfhip, lately prcfented in the Name of the Canadians, bearing Date the Thirteenth Day of Odober laft pad, and figned by a confiderable Body of Landholders and others. His Ma- jefty's new Subjedts, to the Number of Seven hundred and Forty-four, in Oppofition to the Objefts of Reform propofed in the Petition of 1784, al- ready mentioned, and to the Steps which have been taken in conduft- -ing it. •■^ "■. . ■ -' ; .r^^ ■'.■ ■•■ . ;■- y That your Mcmofialifts, in attending to the Intercfts of their Conftituents and tiaeir own, have thought it their indifpenfable Duty to take into Confideration the various Matters and Affertions contained in the aforefaid Petition of the 13th of Oftoberj and humbly tb ftate to your Lordfhip, in Reply thereto. That His Majefty's old and new Subjcfts, by their Petition of 1784, praying for a Houfe of Aflembly, and the Introdudlion of the Laws of England regarding Commerce, had not the moft diftant Wilh or Intention to procure the Abolition of the ancient Laws and Cuftoms of Canada, as is aflerted by their Opponents; on the contrary, a Continuation of the liiid Laws and Cuftoms is exprefsly and particularly prayed for in the faid Petition of 1784, Article 4th, as will more fully appear to your Lordlhip by a printed Copy thereof hereunto annexed : That contrary to the Conduft and Allcrtions cf their Opponents, the Petitioners of 1784 proceeded candidly, publicly, and impartially, in framing their Petition, which was printed in the French Language, and difperfed into all Parts of the Country, accompanied with explanatory Obfervations and Arguments which yet remain unanfwered. That His Majefty's Canadian Subjedls who joined in the faid Petition of 1784, to the Number of One thoufand Five hundred and Eighteen, and -whofe Sentiments and Wifties are ftill the fame, are more than double in Number, and not lefs reipedlable, than the Petitioners of the 13th of October Jaft, whether they are confidered in Point of Loyalty, Wealth, Charader, or Knowledge of the true Interefts of this Province. ^ That the Agent of the faid Petitioners of 1784, in carrying forward their Petition to the Notice and Difcuflion of Parliament, was not guilty either of Temerity or Injuftice, in prefenting himfdf in the Name of and as Agent for thofe Petitioners, being unanimoufly chofen and impowered for that Purpofe by the Englifli and Canadian Committees, reprefenting the whole Body of Petitioners, whether old or new Subjeds. Your Memorialifts beg Leave to obferve to your Excellency, that many (of the Petitioners of the 13th of Odober laft did, in a Petition to the D d Throne W^ i Si i. m ( «o6 ) fc « Throne in the Year 1783, complain of the aftual Legiflature in a more pointed Manner than is fet forth in our Petition of 1784} yet they do not now afk for any Reform in the prefent Syftem of Govern- ment, but prefer a Diftinftion amongft His Majefty's Subjeds, not- ' withftanding that in die aforefaid Perition of 1783 they pray, "That, « whatever Form of Government it fhall pleafe His Majefty to efta- " blifli in this Province, they may be admitted freely and without Dif- tiiiftion to participate in the precious Rights and Privileges which His Majefty's Subjefts enjoy in whatever Part of the Empire they are fitu- ated." Your Lordlhip being fully fenfible that Bridlh Subjefts con- fider as One of their moft valuable Privileges the Right of being repre- • Tented in the Legiflature, Your Petitioners humbly conceive, that to them it more properly belongs to remark, that to refufe them this diftinguiihing Privilege implies a Doubt of that" Loyalty and Attachment which they have never ceafed to demonftrate. Your Memorialifts yield with Reluftance to a neceflTary Part of their Duty, in irmarking to your Lordlhip, with all due Relpeft, that in the Lift of their Opponents appear the Names of Judges, Counfellors, and others, in the Enjoyment of Penfions and Places of Profit, under the prefent Syftem of Government, to the Amount of Two thoufand Seven hundred and Forty^ Jive Pounds, upon which Circumftance they forbear making any Comment. That in the faid Lift, particularly among the Seignieurs, the Names of fome appear who are not Seignieurs, and of others, who having afTumed Titles to which they are found to have no Pretenfions, we fubmit to your Lord- ftiip what Weight Perfons of thofe Defcriptions ovght juftly to have in the prefent Cafe. That the Petitioners of the 13th of Oftober laft having reprefented themfclves to His Majefty, and to your Lordlhip, as the great Proprietors and principal Landholders in this Province, Your Memorialifts think it in- cumbent on theni to ftate to yeur Lordftiip, from the beft Information they -can procure, an Account of all the Seignieurs in Canada (thofe of His Majefty and the Religious Commtinities excepted) with an Eftimate of their Annual Value, which is hereunto annexed, and humbly fubmitted to your Lordftiip's fuperior Knowledge and Information. ■By the aforefaid Eftimate your Lordrtiip -will obferve, that the Annual Revenue of the Seignieurs \f\ the Poffefllon of His Majefty's ancient Sub- jects exceeds the Sum of Ten thoufand Pounds : That the Seigneuries pof- feflcd by His Majefty's new Subjeds who have not joined in the Petition of the 13th of Odober laft are computed at the Yearly Income of Eight thou- fand Eight hundred and l^inety-five Pounds, whilft the Seigneuries belonging to the Subfcribers to that Addrefs do not amount in Annual Revenue to Six thoufand Pounds. From this comparative Statement, wiiich Your Me- morialifts have Reafon to confider^as free from Error as the Nature of the Enquiry will admit of. Your Excellency may judge how far the Petitioners of the 13th of Odtober laft are entitled to that Pre-eminence which they claim ; and if the Real and Perfonal Eftates of all the other Petitioners of 1784 could be thus contrafted with thofe of their Opponents, the great Su- periority of the former would be ftill more evident and ftriking, elpecidly a« ( 107 ) sthe Commercial Property in this Province, whether belonging to the Mer- .chants of Great Britain or Canada, is almoft wholly reprcfented by the Petitioners of 1784, an Eftimate of which was fubmittedto the Honourable Legiflative Council in their Sefllon of 1787, amounting to the Sum of One Million Two hundred and Forty-fix thoufand and Twenty-three Pounds Six Shillings and Eight Pence. Your Memorialifts beg Leave further to add, that the cxtenfive and valuable Pofleflions of the numerous Loyalifts and others lately fettled in this Province, and which are daily increafing, are not reckoned cr comprehended in any of the foregoing Eftimates. That the Oppofition made by the Petition of the 13th of Oftober lafl: to that of November 1784, being thus founded on miftakcn Principles, and on fuppofed Fafti which do not exift, muft necelTarily lofe that Weight which it might otherwife have had by the Sanftion of fome refpeftable Names. Your Petitioners, therefore, unite with their Opponents in praying that your Lordfhip will be pleafed to report and charafterize both Parties in fuch a Manner as will fliew to our Molt Gracious Sovereign, and to the Britilh Parliament, the true Importance, Poirefllons, and Interefts of the One arid of the other. And your Petitioners as in Duty Montreal, the ift of December 1788. JAMES M*GILL. ' JOHN M'KINDLAY. RICHARD DOBIE. SIMON M^TAVISH. JAMES WALKER. * ALEX* AULDJO. NICHOLAS BAYARD. JAMES FINLAY. THOMAS M'CORD. ' bound, will ever pray, ice Quebec, the 5th of Dec' 1788, JAMES JOHNSTON, GEORGE ALLSOPP, ROBERT LESTER. MATHEW LYMBURNER, JNO PAINTER. JOHN YOUNG. J. BLACKWOOD. L. DUNIERE. W" GOODALL. -»,-. «... I "■ . >' LIST ■n t ' 'o8 ) Hi LIST of old Subjefts, Scigncuries, Proprietors of Fiefs and Seigneurics in the Province of Quebec ;.■■■; '! . ■' Names. lO. '5- «... George Alfopp — Malcolm Frazer — Alex' Frazer — John Nairne — Donald M'Kinnon — Peter Stuart — Lauchlin Smith — David l.ynd — r 1 John Collins — John Shoolbred — John Antrobus — Adam Lymburner — Sir Fred" Haldimand, Henry Caldwell — W" Grant — Thomas Dunn DaV Alex' Grant - James Cuthbert Jacob Jordan — What Seigneurics they hold. Seign' Jacques Cartier, and Dauleuil and Mills, Riviene du Loup, Iflet du Portage, La Martinicre Vitruy and St. Gilles, Malbaye — — Matanne — — St. Jofeph and Mille Vachy, Mingan, and Anti- cofti, en Partie St. Anne La Porcatierre SafleVille, in Quebec-^ Aubin de I'lfle — Shoolbred, in Chaleur Bay, • Antrobus, in Quebec — Confeign' of Ifles de Mingan Seign' Pabo in Chaleur Bay Cote de Lauzoh, or Point Charaflers in Society. Levy, Foucault, Part of Ifland of Orleans and Mills, ■ St. Roc, Aubert, and Beau Lac, et de Mingan, An- ticofti et Mille Vacher en Partie, Miflilkoui, Mingan An- ticoili, el Mill V aches, en Partie, Baron Longueuil, Seigneur of Belceiland Mills, Seign' of Bertheir Dautruis Lahoray, New Yorck, or du Sable Malkinonge, &c. Terrebonne, la Chcnaye, and Millsj Merchant Major of Militia, Juftice of the Peace, and Capt" 84 Regim'. J. P. and late Capt" 84 Reg'. J. P. late Lieu' Col. J. P. Lieut' 84 Reg'. Juftice of the Peace. J. P, Coroner, Clerk of the Peace, and Clerk of the Court of Common Pleas. Counfellor and J. P. and De- puty Surveyor General. Merchant in London. ■'V - ■.. ,' Merchant. Merchant. Lieuten' General. Colonel of Militia and Coun- fellor. Counfellor. Counfellor and Judge of the Court of Common Pleas. J. P. late Captain of 84 Reg'« Late Capt" 15"" Reg'. J. P. Lieutenant Col. Militia. Gab* ( 109 ) ; • Quebec, 5th Decennber, 1788. JAiMES JOHNSTON. ' GEO. ALLSOPP. . ROBERT LESTER. MATHEW LYMBURNER. JNo PAINTER. 'JOHN YOUNG. J. BLACKWOOD. L. DUNIERE. WM GOODALL. U LANGLOIS, Fils. L. DESCHENAUX, FUs. CH. PINGUET. A. PANET. U TURGEON. J. BAILLAIRGE. PERRAULT L'AINE'. A. CUREAUX. DUBAU. • LIST V '( "3 ) XI ST of Seigneurs fubfcribing a Petition to His Majefty, 13th Ofbober 1788, in Oppofition 'i> a Petition to the Kiiig and Parliament* in 1783, and another in 1784* to obtain a f loufe of Aflennbly. ' > Namei. Seigncuri of what Landi and Eflates. Chancers in Society. Jofcph De Longeueuil, Segn' Nouvil Longueuil, and Point a Regault, Counfellor. Neveu Sevcftrie — Formerly Cofeg', now holding Colonel of Militia, and Comm' a Life Rent of Four hundred of die Peace. / Livres Taurnois, in D'autray and La Noray, ' J. B. M. Flertel de Seigneur of La Pointe Olivier, Commiflf of the Peace, anS Rouville Half Pay Captain. C. P. and Half Pay Lieu*. Debonne — of Sault St. Marie and h'l - Choify, but having no In- come as fuch, ■ Kertel de Rouville — of Rouville — — Judge of the Court of Com- mon Pleas. De Boucherville — of Boucherville — Counfdlor, Half Pay Captain, and Grand Voyer. P. P. Marganne de la of La Valtric and St. Commiflioner of the Peace. Valtric — Paul, 1 Chartier de Lotbiniere ofLotbiniere,Vaudreuil, and Rigault, Ditto. Thomas Coffin — of Pointe du Lac, Gati- neau, &c. en Partie de Roc- taiilade & Mill, Merchant. ?^^ ^ ' ' > Sanguinet — — of La Salle — — Commiflioner of the jPcace \ and Advocate. Quinlbn de St. Ours — Cofeign' of St. Ours, L'Af- fomption, and L'Echaillon, Commiflioner of the Peace. Chevalier de St. Ours D' D" D' Aid de Camp, and Captain on Half Pay. Chriftophe Sanguinet Seigneur of Varrennes, and Cofeign' of BeloeH, Commiflioner of die Peace. La Perriere — Seign' of Contre Caur and St. - - . ^ ' J . Antoine. ■,<-''- /'■.■-■' La Brocquerie — Cofeg' of Boucherville, Var- rennes, and Tremblay. ' " w iRene de la Bruyere — Seigneur of Montarville. La Bruyere de Mon- of St. Denis, Confeg'; of Commiffioner of the Peace. tarville Contre Cceur and Boucher- ville. Charles Grofbois — Confeg' of Boucherville. Francis La Bruyere — of Ditto — '— Half Pay Lieutenant and Pon- fioner, wounded. J. Chaumont — of Ditto — — Trader. .>. ' : Ff 1 Clem. *i\ h ^Vf 'Hit ■1 ( «H ) Names. Clem. Sabrivoyc dc Bleury — — Pierre de Noycr Flcvi- remont Bellaire — — Diipere — — Niverville — — L' Anger Moger ~ J. M. Tonnancour — J. Cuvier de St. Pran- cois J. G. ChauflTe gros De Lery De Beaujeau — G. E. Tacheraux — De la Goryendicre — Coutereaii — Xe Compte Dupre — P. L. Panet « Xavicr La Maudicre — J. F. Cugnet — L. De Salabery — '■ La Chevrotier — J. B. Couillard — Vincelot Charles Couillard J. Coture — Hebert Couillard J. B. Dupuis J. Nicolle — Seignean of what Landi and Eltiteii Ch«ra(flers in Society. Setp;neur, having no Income as Seigneur. Seigneur in BoUchcrville, ' ha- ving no Incom^as fuch, Cofeign' of Mafkinonge — Ccrdg-i' of Champlaih — >cign of Chambly. i Cofeg' of St. Michel, but ha-» ving no Income as fuch. SciK' of Yamaflta and Gode-r troy, i i — of St. Francois. Half Pay En%. Poftman. Tarerti Kuptr. Colonel of Militia at Three Rivers, Comm' of the Peace, and Half Pay Lieutenant. — of Vaudreuil, St. Barbe, Gfcntiily, Le Gardftur, Belle PJaines, De Beauvais, and Perthuys, — ^- of I Acs aux Grues et aux Oyes — — of St. Marie Liniere, Tdliet, and St. Jofeph, of Fleury & D'Cham- bault. • in Part of Howelle Beauce of Port Joli, of Argentenay en L'Ifle de Orleans, et autres Lieux> — of Argenteuil — in Part of St. Pierre les Becquefts, & St. Valiec, — of St. Etienne — in Part of Beauport and Du Fief Dumenil — of Chevrotiere — of Riviere du Sud, Seign' de L'Epinay, and ill Pierre. — — of Cafs St. Ignace. of Beaumont. Cofeg' of Riviere du Sud. ' in the River du Sud. — Ditto — Ditto Chevalier de I'Ordre de St. Louis, and CounfcUor. Chevalier de I'Ordre de Sl Louis. Comnniflioner of the'l?eace» Conwniir of the Peace, and Enfign on Half Pay. Counfellor and Colonel of Mi- litia. Clerk of the Court of Comnnon Pleas. Midlhipman. French Secretary, and Clerk of the Terrars. CommiflT' of Peace, and Half Pay Officer. Half' Pay Lieutenant. Coitinfuflioner of the Peace. Poftmao. Lieutenant of Militia, Cha* ( "5 ) Namei. Seipneari of whit Landi and EAatei. Cha' Dagniaux Dcmuy Cofeg' in BotifihervlMc. John Can1pb€ll —f— — ■ ChcV de Nivcrville — Paul La Croix — Confcg' of Chambljr — Seign' of Villftrary. No In- come as fuch, CharaAcri in Sodttjr. Lieut* CoV and Commiflary of Indians. Of the OtxJer of St. Louis, Coinmiflioner of the Peace, and Half Pay Lieutenant. Trader. Value of Seigneuries in Annual Rents and Revenues, in the fore- going Lift _ — — — -^. 5,998 Currency. Amount of Salaries and Pertfions from the Crown to Perfons refi- ding in Canada, in the faid Lift — — 2,745 Sterling. Total Value of Seigrteurial' Rent*, Revenues, Penrions, and Sa- Jiries, indodirtg other'Real Eft«es '— — tOi8j6'Correnqr. Quebec, 5th'Decer?iiber'»788. JL. PANE^, JAMES JOHNSTON. GEO. ALLSOPP. ROBERT LESTER. MATHEW LYMftUftN^R. |no painter. J.YOUNG. J. BLACKWOOD. L. DUNIERE. igiyM GOODALL. CH. PINOyET, LSLANGLOIS.'Fils. L. DESGHENAOXa^lPas. U TURGEON. J. BAILLARGE. . PERRAULT UAINE'. A. COREAUX. I>UBAU. I M ■n 3i ■u i N'«4. r t' Tf. p { "6 ) U' 24. MK MOIRE ct Rcquctc dcs Citoycns et Marchands dc Montreal, 4ih December 1788, *. A Son Excellence Le Trts Honorable Guy Lord Dorchefter, Capitaine General et Governcur en Chef dcs Colonics dc Quebec, Noiivclle Ecofle, ct Nouvcau Brunfwick, et de leiirs Dependances, Vice Amiral d'icclles, General ct *r Commandant en Chef de toutcs les Troupes dc Sa Ma- jtfte ilans Ics dites Colonics, ct dans ride de TKn-: ,,,,- -^^ ! '19 ) m TRANSLATION of the Memorial and Petition ^f the Citizem and Merchants of Montreal, dated 4th December, 1788. ® To his Excellency the Right honourable Guy Lord Dor- chcfter, Captain General and Governor in Chief of the !..•",' ►-.•: Colonies of Quebec, Nova Scotia, and New Brunfwick, with their Dependencies, Vice Admiral of the fame, General and Commander in Chief of all His Majefty'a Troops in the faid Colonies, and in the Ifland of New- .:/.■ '■ founcfland. ' •. '■ ITie Memorial and Petition of the under-written Citizens and Mer- chants of Montreal, in their own Names, and in the Names of their Conftituents. , ' , " ".. \ . . " '. ."-I '. . ■■ "^ Humbly reprefent, THAT in the Autumn of the Year 1784 a Public Aflembly of the Citizens was convened, as well for Quebec as Montreal ; that thefc Aflemblies refpedlively voted a Petition to His Majefty, and the Two Houfes of Parliament, and chofe Committees to draw it up, and to have the Management thereof; that this Petition was figned in November 1784 by 2,363 Perfons, old as well as new Subjefts of His Majefly. The Members of thofe Committees have the Honour to addrefs them- selves to your Lordlhip in their own Name and in the Name of their Con- ftituents, to teftify their Acknowledgments to you, for imparling to them, in the Quebec Gazette, the Addrefles to His Majefty and your Lordihip, 4lrawn up at Montreal in the Name of the Canadians, and dated the 13th Oaoberlaft. Thcfe Addrefles, figned by a Body of Landholders and others, new ■Subjedls, to the Number of 744, are in OppoHtion to the Objefts of Re- -form fet forth in the Petition of November 1784, as well as to the legal Meafures which have been adopted iu Support thereof. Your Petitioners, ever attentive to the Interefts of their Conftituents, as veil as their own, have thought it their Duty, which could not abfolutely •be difpenfed with^ to take into their Confideration the Aflfertions of the laid Addrefles, and to reply to them by Obfervations, which they humbly lubmit to your Lordfliip. <^ I ft. His Majcfty's old and new Subjefts, who have fubfcribed to the Petition of November 1784, in requefting for this Province an Houfe of Aflembly, and ri\e Introduftion of the Commercial Laws of England, far from having fhe leaft Intention to abolifli or deftroy the old Laws, Cuf- toms, and Ufages of Canada, have, on the contrary, fully and exprefsly requefted, in the 4th Article of the faid Perition, thAt the faid Laws, to Cuftoms, :!i .1 u I ■! ( 120 ) Cuftoms, and Ufages may be preferved, as will appear to your Lordlhip by the printed Copy of that Petition annexed hereto. Contrary to the Conduft and Proceedings of their Opponents, the Petitioners of Novem- ber 1784, have afted with Candour, Impartiality, and Opennefs, having ihad their Petition printed in the French Language, and having caufed it to be diftiibuted in the different Parts of this Province, with Obfervations thereon, which have remained unanfwered. 2. His Majefty's Canadian Subjefts, who voted and figned tRe Petition ■of November 1784, to the Number of 1,518, perfevere in the fame Sentiments, and are as refpedtable as the Subfcribers of the 13th OdVober laft, with regard to their Number, their Loyalty, their Fortune, or their •Charafter, or even their Knowledge of the true Interefts of this Province. J. The Agent of the Petitioners of November 1784, in introducing and fubmitting their Petition to the Examination and Difcuflion of Parlia- ment, has not been guilty either of Injuftnefs or Raftinefs, or in prcfenting it in the Name, and as Agent of the faid Petitioners, fince he had been unanimoufly chofen for that Purpofe, and authorized by tlie Committees, reprefenting the large Body of the old and new Subjefts, who have fub- fcribed to the faid Petition. . ; 4. Your Petitioners yield with Reludance to the indifpenfable Ne- ceflity of obferving to your Lordlhip, with all due Refpeft, that in the Lift of their Opponents they perceive the Names of Judges, Counfel- lors, and others, who partake of a Part of the Penfions, Salaries, and lucrative Offices under Government; they will not allow them- selves to refledl on what fuch an Oppofition fiiggefts. That Lift is fwelled with the Names of fundry Proprietors of unimportant Seigneuries, a Number of whom Jiave taken out Qualifications as Seigneurs without being fuch, and others have taken their Titles from Seigneuries which do not exift, or to which they have not any Right^ 5. The Petitioners of the 13th of Odtober laft, having thought fit to reprefent themfelves to His Majefty and your Lordftiip as the chief Pro- prietors and principal Seigneurs of this Province, your Petitioners are notwithftanding of Opinion, that it is their indifpenfable Duty to point out to your Excellency, that on the beft Information which they have been able to procure, the old Subjedls are in Pofleffion of Seigneuries in this Pro- vince amounting to the Annual Income of more than £, 10,000 Currency, and that the Yearly Income of the Seigneuries in the Pofleffion of the new Subjefts, who have not fubfcribed to the Addreflfes of 13 th Odlcber laft, is valued at the Sum of iT. 8,895 Currency and more, without compre- hending therein the Produce of the Seigneuries of His Majefty and the Corporations in this Province ; whilft the Seigneuries belonging to the Sub- fcribers of the 13th Odober laft do not produce, at the higheft Eftimation, more than £. 6,cbo Currency. This plain Account will point out to your Excellency in what Propor- tion thofe Subfcribers hold Seigneuries in this Provihce^ and what Right they have to the Preponderance which they claim j that if the Real and Pcrfoiial Rights of the Petitioners of November 1784 are compared . with ( 121 ) 'with thofe of their Oppofers, the Superiority of the former muft evidently appear ; and it muft alfo be more evident that the Commercial Property, amounting to ;C. 1,246,023. S s. %d. Sterling, according to the Ellimatc fubmitted to the Confideration of the Honourable Legiflative Council in the SefTion of 1787 (whether belonging to Britifh or Canadian Merchants) is almoft all reprefented by the Subfcribers of November 1784. In what we have mentioned above we have not noticed the Real and Perfonal Property of the Old Subjects, the Loyalifts, newly fettled in the upper Parts of the Province. 6. That we may be permitted to reprefent to'your Excellency, that the Promoters of the Addrefles of the 13th Oftober laft were the firft to complain of the afting Laws in the Year 1783 ; neverthelefs they do not now requeft any Reform ; they appear to have a Prediledion for that which ; they then reprobated, in formerly requefting " to be admitted without Dif- " tindlion, under any Form of Government which His Majefty Ih'all pleafe " to eftablilh in this Province, to the valued Participation of the Favours, " Rights, Privileges, and Prerogatives, which His Majefty's faithful Sub- '" jedts enjoy in every other Part of the Globe." Your Lordfliip is fully convinced, that One of the deareft Privileges of a Britifli Subjedt is to participate, by a free Reprefentation, in tlie making •of thofe Laws to which they muft fubmit. Since, then, the Addrefles of the 13th Oftober laft have a Tendency to deprive a Number of Britifti Subjedts of a Right which., they ought to poflefs, through their Reprefentatives, of preferving their Laws, Cuftoms, Ufages, Immunities, and Privileges, as well as to ameliorate and modify them as Circumftances may require, and to which the beft Laws are liable, fince they are befides founded on erroneous Principles, fuppofed Fatts, and ridiculous Pretenfions, they ought of Confequence to lofe the Weight which ,they feem to deferve from the Sanftion of fome refpeftable Names,, mixed with fiftitious ones, which are thereto fubfcribed. Your Petitioners therefore join with their Opponents (and it is the Objett of this Petition) to pray that your Excellency will be pleafed to ,ma!ke a Report, which may defcribe the Two Parties, and prove the real alrqportanf'e, Pofleflions, and Interefts of both. And your Petitioners, as well from Attachment as Duty, will not ceafe to pray for the Prefervation of your Perfon and Family. Montreal, 4th December 1788. '■ ' . . _.A%^Mj: ■:■ ^- (Signed) ?P^^ GUY. J. DELISLE. PH. DERGCHEBLAVE. TH. PAPINEAU. ' -DUMAS S-^ MARTIN. M" BLONDEAU. J*" FORETIER. J. F. PERRAULT. H h N» 26. c m 11' 'If li ■«* £ if ^ U'-ia 1 ft i' 1 If '•;,! 1 iH . ■ 'I't \ *T f jii ', 1 122 N» 26. (COPTE.) Montreal 24 Dec. 1788- MEMOIRE et PETITION iL S. E. LordDorchcfter au Soiitien de la tres humble Addrefle des Citoyenset Habitants Sujers Cana- diens des differents Etats dans la Province de Quebec et Ca- nada, a Sa M-yclte, du 13' Odobre dernier, et pour fcrvir de Re- ponfe et Refutation au Memoire et Rcquete des Marchands tt d'autres, tant pour eux que pour leurs Conftituants, du i' et 3' Decembre fuivants (1788.) A fon Excellence le Tres Honorable Guy Lord Dorcheller, Capitaine General et Gouvcrneur en Chef des Colonics de Quebec, Nouvelle Ecofle, et Nouveau Brunfvvick, et de leurs Dependances, Vice Amiral d'icelles. General et Commandant en Chef de toutes les Troupes de Sa Majeftc dans les dites Colonies, et dans I'lfle de Terrc- ncuve, &c. &c. &c- . • ( MEMOIRE et PETITION, Au Souticn de la tres humble Addrefle des Citoyens et Habitants Sujcts Canadiens de differents Etats dans la Province de Quebec, en .Canada, a Sa Majeftc, en Date du 13 Odlobre dernier j et pour il-rvir de Reponfe et Refutation au Memoire et Requete des Mar- chands et autres des Villes de Quebec ct de Montreal, tant pour eux que pour leurs Conftituants, en Date des i"et 5"" Decembre fuivants. Qu'il plaife a Votre Excellence, rl T E S nouveaux Sujets Canadiens de Sa Majefte, en faifant connoitre st votre Seigneurie leurs vrais Sentiments, ne peuvent s'empecher de lui exprimer le Deplaifir que leur caufent les Demarches fi fouvent reiterces lies anciens Sujets conjointement avec quelques nouveaux. Et combien plus defagreable leur devient la Neceffl e ou ils fe trouvent d'approfondir une Matiere aufTi delicate, pour ne point troubler I'Harmonie qui a regne fi avantageufement fous le Gouvernement de votre Seigneurie. Quoique peut-ctre le Nombre des Signatures que nous avons dcja produit devroit paroitre fuffifant pour prouver le Point effentielde notre Oppofition, qui dit, que les grands Proprictaires de notre Nation, et les differents Etats qui la compofent, n'ont point etc confultes -, cependant, pour ne laiiTer aucun Doute fur les Obfervations legerement avancees par les foi-difant Comites, qui ont fignc les Menioires du i" et 5"' du prefent Mois, nous croyons de notre Devoir, et de I'lntcret de nos Compatriotes, de reprcfenter humblement a votre Seigneurie, . ,,. Que £ette Aflfemblee, tenue dans TAutomne dc 1784, Ji'eft ni legale, ni xegulicr^ ( 123 ) Tegiiliere, ni gtnciale. Ellc fut convoquce cTe lo Hcurcs du Mctln a 3 Heures aprcs Midi du ir.erne Jour: Aucunc Pcrfonne n'ctoirdenommce dans le Convoc;iti.n; unc grp.nd Fartie dcs Citoyens ne fut point averticj les Proprictaircs Cx la Bniilituc* n'cn eurcnt aucuiie Ccntioinhnce j et ki> Seigneurs ct Tcnancicrs des Cairpagnes, dans toutc ri''tcndue de la Pro- vince, n'tn furcnt point inftriiits. Un ancien Sujet i'eul fit l'l<'lcftion, qu'ils n'onc pas mcine fuivie, comme votre Seigneurie peut s'on convaincre par une Ltttre publique, en Forme de Pjotet, cy-jointc fous la I.x-ttre A. Que les Adrefles du 13' Odlobre dernier ne font, il eft vrai, fignces que par 744 Perfonnes ; mais ne funt p;i3 moins une Suite d'une pareille Oppofition formee en Dccembre de i'Annoc 17^4. Soutcnue par les Signatures de Trois Milie ct quelqucs Cens Seigneurs, Citoyens, et Te- nanciers, cctte Adrcffe de 1784, quoique Its Pctitionaircs dcs 1" tt 5"" de Dccembre afferent de la pafler fuus Sikncc, eft })articu!icrenit:nt mcntionnce dans ccUe du 13 Oftobre dernier, ct fut rcdigcc au Ijifir d'une Aflemblee refpedtable et nombreufe, tenue volontairemcnt, paifiblement, ct avec rUnion la plus parfaite, peu de Jours aprcs la Icur. Que ces anciennes Loix et Ufages de notre Province, dont lis s'cfforcent en vain de paroitre les zcles Confcrvateurs, feroicnt bicntot dcnucs de Protefteurs, fi, reiiftiflant dans leurs Demandes, ils en devenoient les Arbitres. A quelles Viciintudes, infeparables d'une telle Conftitution, ces Loix ne feroicnt elles pas fujettes, leur plus grand Soin ayant etc de fe referver le Droit de les alterer a Volonte ? Ces beaux Noms de Candeur et d'Impartialitc, dont le Merite reel eft de notrc Cote, cefleront de leur ttre attribucs lorfqu'il fera prouvc a votre Seigneurie que I'lmprefllon et Publication de leur Adrefle de 1784 n'ont vu le Jour que dans le Mois de F'evrier de I'Annee fuivante, et dont votre Seigneurie trouvera Copie ci-annexce fous la Lettre B. Par cette Date on peut jugcr fi c'etoit bien le Terns de prctendre inftuire un Peuple entier, lorfque toutes Demandes, Adrefles, et Mcmoires ctoient deja envoyes. Ce qui eft plus frappant, nous prouvons que leur Adreire, au lieu de refter fans Rcponfe, fut au contraire repondue par des Obfervations et Objedtions a leurs Demandes, imj)rimces dans le Mois de Dccembre 1784, et renduiis publiques par plus de Cent Exemplaires, dont un, fous la Lettre C. eft aufii cy-annexc. II faut avoiier que le Hazard feul nous avoit favorife d'une Copie de leur AdrclTe, malheu- reufcmcnt pour eux confiee a des Perfonnes bicn eloignees de leur Syft^me. Que la Petition du 13° Odtobre dernier ctant au Soutien de I'Oppo- fition de Dccembre 1784, c'eft au Nombre de Trois Mille ct quelques Cens Signatures, qui y ctoient appofees, que Ton doit avoir Rccouis. Cc Nombre eft dans un Etat beaucoup plus inta<5te que celui de 151 8, qu'ils s'appro- prient. La Publication de ces Adrefles du 13° 0<5bobre dernier devoit les en convaincre s'ils avoient voulu faire tant foit peu d' Attention aux Noms de plufieurs Citoyens refpedablcs, que leur Honneur a engage h reconnoitre I'Erreur dans laquelle ils ctoient to^bes; neanmoins, ils le furvent encore de leurs Noms et de bien d'autres, aupjcs defqucls ils n'ont pas ofc rcnouvelier leurs Inftances aftuelles: Dela, 11 eft aife de juger s'il y a Temcrite de la Part de cet Agent, de s'ctre fervi d« ces Noms, et du Pouvoir de la Nation Cana- .^iicHne. Que <:' i 5 f' .J ?.!^ :k i ( 124 ) Que notre Conduit a toujours etc uniforme ct conlcquentc. Si en lyt^ quclqucs uns de nous ont foufcrit une Petition aux fins de jouir Droits ct Privileges dcs Siijets Britanniques fans Diftinftions, le But de cette Petition ctoit rintroduclion dc cettc Loi ineftimabie de I'Habeas Corpus dans notre Province, et I'Admiirion des nouveaux Sujets de Sa Majelte dans toutes les Places et Einploisdu Gouvernement, proportionnement a leur Nombre: Toujours conllants dans ces Demandes, nos Adrefles de. 1784 et 1788 en font Foi. Quant a cette Chambre d'Afiemblce ce Projct n'etant connu de Perfonne, et n'ayant jamais etc agite, nous y pouvions nous y oppofer. Ne feroit-ce pas plutut jettcr un Doute plus fenfible fur une Loyaute qui ne fut jamais equivoque, que d'accorder, fans avoir Egard h I'lmportance de nos Oppofitions, dcs Demandes qui nous font fi contraires, et qui ne font ap- , puyees que d'un fi petit Nombre de notre Nation ? Que les Pedtionaires des i" et 5""" du prcfentMois, aulieud'ufer d'une Reticence affeftce ct peu liberal?, fans ceder a leur Devoir, auroient mieux fait de donner une libre Carriere a leurs Opinions fur les Juges, Confeiiiers, et autres qui fe font joints a nous dans toutes nos Oppofitions. Ces Qualitcs, bien loin de nous rendre fufpedls les Caradteres refpedlables qui en font dccores, font au contraire que notre Nation les regardera toujours comme des Protedteurs qui, n'ayant point oublie le Titre de Citoyen, fe font un Devoir de foutenir fes Privileges. Les Reprefentants du 13 Odobre dernier, en . fe qualifiant Seigneurs, y avoient tous un Droit inconteftable, et ne peuvent confcquemincnt perdre le Poids qu'ils doivent avoir. Avec plus de Raifon, nous pourrions faire de pareilles Obfcrvations, mais nous laiflons aux Connoifiances fupcrieures de votre Scigneiirie cette Dillindlion : Que les Adrefles du 13 Oftobre dernier font certainement fignees par les grands • Proprietaires et Tenanciers de motre Nation, Icfquels n'ont jamais cte cm- ■fiiltes. Quelqu'un moins inftruit que votre Excellence des Sentiment- des . Seigneurs qui compcfent cette Province, auroit pii le laifler furprendre a ces diverfes Liftes de Seigneurs, anciens et nouveaux Sujets, qu'ils ont donne Jbus un Jour a faire croire que ceux qui y font compris n'ayant point figne les Adrefles du 1 3 Odtobre dernier, font indubitablcmenc de leurs Opinions j tandis qu'il eft: notoire que plufieurs leur font oppofes, et \m grand Nombre ignorent leurs Demarches. Nous croyons a plus jufte Titre pouvoir dire, que ceux de ces Seigneurs, et autres Proprietaires, qui font dans endere Ignorance de tout ce qui fe paflt, et dans une Sccurite parfaite, doivent etre par leur Silence regardes com.me fatisfaits du Syfteme aftuel de notre Conftitution ; ct avec bien moins de Raifon doit-on dire qu'ils s'en plaignent, et parler en leur Norn a cet EfFet. Que I'Eftimation desRevenus des Seigneuries, dcvcnant nulle par I'Erreur ou ils ont tombe en mettant de leur Parti tous Proprietaires qui n'ont pas figne avec nous; et d'aiikurs, ne demontrant pas fur quoi ils I'ont appuye, il eft inutile d'y repondre. On ne doit, pas confidcrer feulement le Revenu du Seigneur, on doit beaucoup a la Propriete des Tenanciers, qui, •fi nous en calculons le Nombre qui compofe notre Province, fera voir une -Quantite confiderable de Suffrages qui leur manquent ; et cependant ils y -jont un Droit inconteftable. Plut a Dieu que ce Million Deux Cens Quarante- L-fucMille Vingt-trois.LJvres Six Schellings Huit Deniers du Commerce fe .'realifit iffi ( "S ) rcalifit la Droiture de nos Intentions, ne laiflTe aucan Doute fur les Vceux finceres que nous formons i fon Egard. Si ce Calcul eft vrai, notre Syfteme aftuel ni leur eft done pas defavorable. En adnnettant qu'il le foit, ces Sortes de Richeffes ne fixent point I'lnclividu dans un Pays ; les Proprictaircs feuls ont Droit i la Confervation ou Alteration de leurs Loix et Conftitutions. On fcait les Precautions qu'on doit apporter pour TEtabliflement d'une Loi, et combien plus grands doivent etre ces mcmes Precautions pour la changer. C'eft fur ce Principe que dans les Mois de Janvier et Fevrier I'Annee 1787, les Citoyens Canadiens, des Villesde Quebec et dc Montreal, formerent des Petitions a votre Excellence ; il eft ctonant que plufieurs de ceux qui les ont fignc dans le Terns, agiflent maintenant d'une Maniere fi contraire a des Points par eux fi clairement et fi juftement demontres. Que, fur la Publication dans la Gazette de Quebec, le 1 3 du prefent Mois, de deux Mcmoires et Requetes, I'une dattce de Montreal, le 4" Dccembre, fignce de Huit Perlbnncs, et I'autre de Quebec, du 5 du m^nne Mois, fignce par 1 2. Nous ne pouvons nous empccher d'obferver i votre Excellence, que ces Deux Requetes faites leparement, nous ont paru plus fufceptiblcs d'AfFeftation de leur Part, que de Principes folides que duflent meriter notre Attention. Elles Ibnt une Repetition pas mieux fondee, que la Petition des anciens Sujets que nous croyons avoir aniplement re- futce. Nous nous contentcrons de dire qu'il nous paroit plus etrange dc leur Part, d'avoir voulu tirer leur Importance des Sujets Loyaliftes nou- vellement etablis dans cette Province j tandis que par Devoir, ef par cette Juftice qu'ils doivent i leurs Compatriotes, ils auroient du foutenir avec nous qu'aucune Raifon de Nombre ou d'Interet particulier ne doit nous priver d'une Conftitution dont nous fommes redevables aux Faveurs Royales de Sa Majefte, et des Loix fi folemnellement promifes et garanties, dont la Confervation eft un de nos Droits les plus facres. Vos Reprefentants ofent fc flatter d'avoir repondu d'une Maniere fatif- faAoire et pofitive a des Faits dcnucs de toutes Preuves d'avoir demontre I'Erreur des Eftinnations et des Calculs imaginaires, et la Futilite des Af- fertions des Petitionaires des i", 4"", et 5™" du prefent Mois. La Re- pugnance que nous avons pour ces Debates Litteraires, qui font la Source de bien des Conlequences dangcreufes, nous fait ometre des Details que les Connoiflances de votre Seigneurie fur I'Etat aftuel de la Province et fes Individus, nous faut efpcrer qu'elle voudra bien fupplcer au Tableau qu'il nous feroit fi avantageux de lui prefenter. Si votre Excellence entretient le moindre Doute fur la Verite de nos AUcgucs, et fur les Sentiments gencreaux de notre Nation, nous la fupplions de faire intervenir fon Autoritc pour connoitre, par les Voles que fa Sagefle ordinaire pourra lui fuggerer, i'Opinion et le Voeu general des loyaux Sujets Canadiens de Sa Majeftt. jSi vos Reprefentants vouloient remonter a une Epoque plus reculee, il leur feroit tacile de convaincre votre Seigneurie que c'eft a une Carricre trop libre et ouvertement foutenue par certaines Perfonnes, que ce nouveau Syfteme de nos Oppofants a du fon Exiftence; et que nous pouvons avancer que rinfluence de ces Perfonnes en a entraine un Nombre d'autres, fans en connoitre les Confequences. Nous ne pouvons non plus citer nos vrais Motifs de Patriotifme et de Loyaute en formant nos Oppofitiorfs. Nos Peuples, trop pauvres et trop endettcs, font incapables de fuppojter les I i Taxes li II*] ).il i' I ; il I-,! ,>' 1' ( "6 ) Taxes qui doivent neccffaircment rcfultcr du Syfteme propole par Ics Petittonaires. L'Exemple malheureyx de cette Infurrcdion r^centes des Colonies voifines, qui a pris fa Source dans un pareil Syfteme, nous re- prefcnte continuellement fous les Yeux le deplorable Sorte de notre Na- tion, fi elle en dcvenoit la Viftime, en perdant de Vue les Incerets qui doivent I'attacher A etroitennent h. ceux de notre Monarque bienfaifant: Nous n* avons pas k craindre, avcc de femblables Vues, les Reproches de nos Compatriotes, ni le Rapport et le CaraA^re que votre Scigneurie daignera donner de nous k Sa Tr^s Gracieufe Majefte. C'eft pourquoi nous la fupplions encore plus fbrtement d'y donner toute (on Attention, de confidcrer nos Demarches commue conformes k celles que nous avons toujours fuivies, et dont votre Excellence a pu fe convaincre par les Pieces dont elle eft munie. Vos Reprefentants, nc doutant pas que les Peti- tionaires des premier, 4 me, et 5 me du prefent Mois ont tranfmis Copies de leurs Petitions en Angleterre, prenent la Liberte de fupplier votre Seigneurie dc faire parvenir au Pied du Tronc de leur Augufte Souverain une Copie de la prcfente, qu'ils ont I'Honneur de vous adrelFer ; et pour ce Qouveau Bienfait ils ne cefleront de prier pour la Profperke de votre Excellence, et la Confervation de fon iUuftre Famille. Montreal, le 24 Decembre 1788. (Signed by 2,1 1 5 PerTons,) u ' 1 1 ■ , A „ ^ : 'K '-i- I ) r- .|;-'H.;...(5 ■;• f* ' K' 1 - --. i'*- '■■, 'I^ "N*«a> TRANSLATION. ( 127 ) N" 27; Montreal, 24th December 178 J, MEMORIAL and PETITION to Lord Dorcheftcr, in / f Support of the humbk Addrcfs to His Majefty of the Citizens and Inhabitants Canadian Subitfts of the different States in Quebec and Canada, dated the 13th of Oftober laftj and as an Anfwer and Refutation to the Mennorial of the Merchants and others of Quebec and Montreal, for themfelves and their Con- ilituents, beai-ing Date the ill and 5th December following .(1788.) To His Excellency the Right Honourable Guy Lord Dor- cheftcr, Captain General and Governor in Chief of tht Colonies of Quebec, Nova Scotia, and New Hrunf- wick, and their Dependancies, Vice Admiral thereof, Ge- " • '' ncral and Commander in Chief of all His Majcfty'sFbrces in the faid Colonies, and In the Ifland of New^tidland^ &C. &c. &c. '■ ■'MEMORIAL and PETITION ' In. Support of the moft humble Add^efs of the Citizens and' Inbabit«ntS| Canadian Subjedls of the different States in the Province of Quebec, in Canada, to His Majefty, bearing Date the. 13th of Oftoberlaftj and ferving for Anfwer and Refutation to the 'Memoir and' ReqtJeft of the Merchants and others of the Cities of Quebec and Montreal, as well for themfelves as their Conftituents, bearing Date the ift atid 5 th of December following. " , . £ May it plcafe your Excellency, rpHE new Canadian Subjefbs of His Majefty^ fin acquainting ydUr "■• Lordlhip with their real Sentiments, cannot refrain from cxprefling their Difpleafure at the reiterated Proceedings of the old, conjointly with fome new Subjefts. This becomes the more difagrecable, from the Nc- ceffity under which they find themfelves, of inveftigating fo delicate a Subjeft, and at the fame Time to avoid interrupting that Harmony which has fo happily fubiifted under your Lordlhip's Government. Although, perhaps, the Number of Signatures which we have already produced ought to fuffice to eftablifli the cflendal Ground of our Oppofition, which fays, that the great Landholders of our Nation, and the different States which compofe it, have not been confulted, neverthelefs, in order to obviate all Doubts relative to the Obfervations, lighdy advanced, of the felf-named Comnr;iteees who have figned the Petitions of the ift and 5th (^ the prefent Month, we think it as THrellour Duty as the Intereft of our Countrymen humbly to reprefent to your LordOi^ That this Alfembly, which was held in tho* Avtumo- of 1784, was nuithef :, hi M rj'Si ,S 'i ( "8 ) neither legal, nor regular, nor general. It was convened J;^"^^^ Ten o'clock of the Morning to Three o'Clock of the Afternoon of the fame Dav » no Perfon was appointed from the Convocation j a great Number of the Citizens was not informed of it -, the Proprietors of the Precinfts had no Knowledge of it ; the Seigneurs and Country Tenants throughout the whole Extent of the Province, were not made acquainted with it : One an- cient Subjedt alone made the Eleiflion, which they did not even follow, as your Lordlhip may convince yourfclf by a Letter publifhed in the Form of a Proteft, annexed under the Letter A. That tlie Addrefll's of the 1 3th of Odlober laft are not, it is true, figned by more than 744 Pcrfons j but that they are ncverthelefs a Continuation of that fame Oppofuion which was formed in the December of the Year 1784, fupported by the Signatures of Three thoufand and fome hundred Seigneurs^ Citizens, and Tenants. This Addrcfs of 1784, notwithllanding that the Petitioners of the ill and 15th of December affedl to pafs it over in Silence, is particularly noticed in that of the 13th of Oftober laft, and was dravvu up at the Dcfire of a numerous and refpeflable AflTembly, held voluntarily, peaceably, and in the moll unanimous Manner, a few Days after their own. That the ancient Laws and Cuiloms of our Province, of which they in vain endeavour to appear the zealous Defenders, would in a (hort Time be deprived of Proteftors, if, fucceeding in their Demands, they Ihould become the Arbiters of them. To what Changes, infeparable from fuch a Confti- tution, would not thefe Laws become fubjefl, feeing that their greateft Care has been to referve to themfelvcs the Right of altering them at Pleafure ? Thofe fine Names of Candour and Impartiality, the real Merit of which is on our Side, will no longer be given them, after it fhall be proved to your Lordfhip that the printing and publilhing of their Addrefs of 1784 did not appear until the Month of February of the following Year, a Copy of v,hich your Lordfliip will find annexed under the Letter B. By this Date we may judge whether this was a Time to pretend to inftruft an whole People, wHen all the Requifitions, Addrefles, and Petitions were "'[Jj?^'''' tranf- mitted. What is yet more (Iriking, we can prove that their Addrefs, fo far from being unanfwered, was, on the contrary, replied to by Obfervations on and Objedlions to their Demands, printed in the Month of December 1784, and publiflied in more than an Hundred Copies, one of which, under die Letter C, is alfo annexed. We muft confefs, that Chance alone procured us a Copy of their Addrefs, entrufted, unfortunately for them^ to Perfons who were entirely averfe to their Syftem. To prove that the Petition of the 13th of Oftober was in Support of that of December 1784, we have only to refer to the Three thoufand and fome Hundred Signatures which were affixed to it j that Number is in a much more eptire State than that of the 1,518, which they appropriate to them- felvcs. The Publication of thefe Addrefles of the 13th of Oftober laft woju]4 have convinced them of it, had they been difpofed to pay Attention to the Names of many refpeftable Citizens, whofe Honour engaged them to avow the Error into which they had fallen; neverthelefs they yet make ufe of their Names, as well as thofe of many others, to whom they dare not renew their Solicitations. Hence it is eafy to judge what has been the Temerity ( 1^9 ) Temerity of that Agent who has thus made ufe of their Names, and of cht Power of the Canadian Nation. That our Conduct, on the contrary, has been uniform and confident. If, in 1783, fome of us figned a Petition praying to* enjoy the Rights and Pri- vileges of Britifh Subje£ls without Diftinftion, the Objeft of that Petition was the Introdu^ion of the invahiablc Law of Habeas Corpus into our Province, and the AdmilTion of His Majcfly's new Stibjefts into all the Places and Employs of Government, in Proportion to their Number : Al- ways confident in thefe Demands, our Addrefles of 1784 and 1788 bear Tcllimony to. As for what relates to an Houfe of Aflembly, that Projeft being communicated to no one, and having never been agitated, we could not declare our Oppofition to it. Would it not be to doubt our unitn- peached Loyalty, to grant thefe Demands, without paying Attention to our Oppofition to them, to their being fo contrary to us, and iupported only by fo fmall a Portion of the Canadian Nation ? The Petitioners of the ill and 5th of the prefent Month, ioftead of pre- ferving an affefted and illiberal Silence, would have done better, without in anywife having fwerved from their Duty, if they had freely delivered their Opinions upon the Judges, Counfellors, &c. who have joined us in this our Oppofition. Thefe C^ialities, far from rendering us fufpedlied, will, on the contrary, prove to the Canadian Nation, that thofe reipcAable Cha- racters who pofTefs them, far from forgetting the Titles of Citizens, make it their Duty to fupport their Privileges. The Reprefentatives of the 13th of Odbober laft, in calling themfelves SeigneurSt did no more than that to which they had an inconteflable Right, and cannot confequently lofe any of that Weight to which they are entitled. We might, with more Juftice, make the fame Obfervations ; but we fubmit this Diftinftion to the fuperior Knowledge of your Excellency, that the AddrefTes of the 1 3th of Oftober laft are certainly figned by the great Proprietors and Tenants of our Na- tion, who were never confulted. A Perion lefs acquainted than your Ex- cellency with the Sentiments of thofe Seigneurs who compofc this Province might have fufFered himfelf to be deceived by thofe different Lifts of old and new Subje6ts, which they have prefented in fuch a Manner as to im- pofe the Belief that thofe who oppofe it, not having figned the Addrefles of the 1 3th of laft Oftober, arc undoubtedly of their Opinions ; whilft it is no- torious that many are hoftile to it, and that a great Number are ignorant of the Mcafures which they have purfued. We believe we may with Rea- fon fay, that thofe of thole Seigneurs and other Proprietors who live in a total Ignorance of all that pafles, and in a State of perfect Security, ought, by their Silence, to be confidered as contented with the prefent Syftem of our Conftitutioni with much lefs Reafon, therefore, ought they to afTert that thefe Perfons complain, and fpeak in their Name to that Effedl;. That the Calculation of the Revenues of the Scignories becomes null by the Error into which they have given, in ranging on their Side all thofe Proprietors who did not fign with us j hefides, it not having been demon- ftrated on what they have founded it, it is ufelefs to anfwer it. We muft not calculate only the Revenue of the Seigneur^ much alfo muft be allowed for the Property, of the Tenants, who, were we to calculate their K k ■ • Number .'j'!! '/ ( >30 ) Number who inhabit this Province, would bring to l/ight a confidcrable Number of Names whicli they want, and yet they have an undoubted Right. Would to CJod that this Million Two hundred and Forty-fix thou- fand and Twenty-three P<\jinds Six Shillings and Eight Pence of Com- merce could be realized! The Integrity of our Intentions cannot leave any Doubt of the Sincerity of our Wilhes with refpeft to it. If this Calculation be true, our prefcnt Syllem cannot be fo unfavourable to them -, but in ad- mitting even that it is fo, fince diat is a Kind of Riches which does not attach an Individual to a Country, the Proprietors alone have a Right to the retaining or changing their Laws and Conftitutions, Every one knows how many Precautions are necclfary in the making of a Law; and how much greater ought thefe fame Precautions to be with refpeft to the re • pealing it? It was on this Principle that, in the Months of January and February, of the Year 1787, the Canadian Citizens of the Cities of Que- bec and Montreal drew up Petitions to your F.x:ellency. It is furprizing that many of thofe who then figned them (hould now aift in fo ciilfercnt a Manner upon Points which they themfclves fo clearly and jullly dcmon- ftrated. We cannot forbear remarking to your Excellency upon t!ic Publication, in the Quebec Gazette of the iSth of the prefent Month, of Two Me- moirs and Petitions, the One dated from Montreal, of the 4th of December, figned by Eight Peribns, and the other from Quebec, of the 5th of the lame Month, figned by Twelve Perfons, that thefe Two Petitions fcpa- rately drawn up, appear to us to be rather founded on AfFettation on their Part, than upon fuch folid Principles as Ihould merit our Attention ; it is a Repetition, without any better Foundation for it, than of the Petition of the ancient Subjcfts, which we flatter ourfelvcs we have amply refuted. We fhall content ourfelves with faying, that their Conduct appears to us very fingular, in wilhing to derive their Importance from thofe Subjefts, Loyalifts, who are lately fettled in this Province ; whilft from Duty, and from that Juftice which they owe their Fellow Citizens, they ought rather to have maintained with us that no Reafon of Numbers, or of the Interefts of Individuals, ought to deprive us of a Conftitution for which we are in- debted to the Royal Favours of His Majefty, as well as of Laws fo fo- lemnly promifed and guaranteed to us, the Prefervation of which is One of our mod facred Rights. Your Petitioners flatter themfclves with having anfwered in a fatisfaftory and pofitive Manner their Aflertions unfupported by Proofs, and to have pointed out the Errors of their Eftimations and imaginary Calculations, as well as the Futility of the Aflertions of the Petitioners of the ill, 4th, and 5th of the prefent Month. The Diflike which we have to thefe literary Debates, and which are the Source of many dangerous Confequences, induces us to decline entering into Details, which the Inform.ition of your Lordfhip, upon the aftual Situation of this Province and its Inhabitants, renders un- fieceflary, and which we hope will furnifli you with thofe Defcriptions which it would be fo much for the Intereft of our Caufe to lay before you. If your Excellency fhould entertain the leaft Doubt of the Truth of our Al- legations, and of tKe general Sentiments of our Nation, we befeech you to interpofe your Authority, in order to s^cerxam, by thofe Means which your Lordfhip's ( '3' ) I.onlfliip's wonted Wifdom will noint out to you, the Sentiments and the general Wilhes of His Majd>y's loy.il Canadian Subjodls. If your Peti- tioners were difpofed to look bnck to a remote Period, it would be cafy for thccn to convince your loriiHiip, that it is owing to a too free Courfc, openly iupportcd by certain Perloiis, thtt this new Syftcm of our Antago- njfts owes its Exiftencc; and that wc are able to prove that the Influence of thefc Perfons has irillal u Number of others, who were unacquainted with the Confequences oi' ir , n'-ithcr can wc cite our true Motives of Pa- triotifm and of Loyalry in orining our Oppofition. Our People are loo poor and too much in Debt to be able to I'upport the Taxes which would neccflarily refult from the propofcd Syllcm of lut Aw:;i";.--'l'hc un- happy Example of the recent Infurreftion in the neiglibouring Colonics, wiiich derived its Source from a fiinilar SylUin, points out to us conti- nually what would be the deplorable State of our Nation, were it to be- come a Vidim to it, by lofing Sight of thofc Intcrclh wiilch ought to unite it fo clolcly with thofe of our benevolent Monarch. With thefe. Views we do not ft-ar the Reproaches of our Countrymen, nor the Cha- radtcr which your LordJhip will condefcend to give us to His Moft Gracious Majefty : Wherefore we intre.it you in the ftrongclt Manner to pay every At- tention to it, to confider our Conduft as conformable to that which wc have always maintained, of which your Excellency may convince himfelf by thofc Papers which arc in his Pofleffion. — Your Protcfters,notdoubting but that the Petitioners of the ift, 4th, and 5 th of the prefent Month, have tranfmitted Co- pies of their Petitions to England, take the Liberty of entreating your Lordfhip to tranfmit to the Foot of His Majefty's Throne a Copy of the prefent Petition, which they have the Honour to lay before you j and for this recent Kindnefs your Petitioners will not ceafe to pray for the Piolpcrity of your Excellency, and tlxc Prefervation of his illuflirious Fanuly. I'; i i> \ Montreal, a4th December 1788. (Signed by 2,115 Perfons.) i'r ;,;.rt r- (-/ , ■• .»'- -! 1 .1 ','• ?' "1 ." - -> . > ■■< • .. .r^' N" 28. 1^ i> ( 132 ) N** 28. M E M O R I A L of new Subjefts of Quebec, jift D840 2»373 A' deduire les Penfions & Salaires — 440 Refte — I. 107,555 On ( 135 ) On poiirra done tout au plus dire, que Deux Mille Trois Cons Soixante- treize Perfonnes, valant la Somme de Cent Sept Mille Cinq Cons Cin- quante-cinq Livres de Revenus, ont denande et foufcrit pour une Cham- bre d'Aflemblee, par leur AdreflTe de 1784, et pour les Objets y continus ; mais il fuut cependant obferver que plufieurs des Seigneurs, anciens Su- jcts, au Nombre de ccux portes cy-deflus, n'ont point figne, que c'eft mat a-propos qu'on avance qu'ils font Partifans de I'Adreffe; et que fi on de- duifait leurs Revenus de la Lille qui concerne les Seigneurs anciens Su- jets, elle fe trouverait reduite a peu de Chofe. Que Deux des principaux Seigneurs en Revenus, nouveaux Sujets, qui etoient Membres, et a la Tete du Comitte de 1784 pour la Chambre, paraiffent s'en entre retires depuis, fans Raifon de Mort ni de Vacances. II faut aufli obferver que des Deux Mille Trois Cens Quarante-fix Sujets de toutes Denonninations, eva- lues a £, 40 de Revenus, un Huitieme de ce Total n'a reeliement point dc Revenus } et que les Sept autres Huitiemes font bien loin d'avoir les £, 40, qu'on leur donne aufli gratuitement. Opofans a la Chambre d'AfTemblee. 51 Seigneurs, yalant, en Rentes Seigneuriales et autres Revenus, — — — /[. 10,836 3,949 Sujets de toutes Denominations fur la Contr'adrefle de 1784, et fur celle de 13 Odlobre dernier, 4,000 a;^.40, , T" — — i57>96o A deduire les Penfions et Salaires — 2,745 Refte — ;C' 166,051 It refulte que 4,000 Perfonnes, valent £. 166,051, font formellement oppofees la Chambre d'Affemblce, qu'elles furpaflent en Nombre les Par- tifans de la dite Chambre, comme Seigneurs de Vingt-quatre Individus, et comme Sujets de toutes Conditions de 1,603 Individus, et que leurs Revenus excedent ceux des Rcformateurs dc;^. 58,496, en obfervant que les 5 1 Seigneurs opofans ne font que ceux qui ont figne fur I'Adrefle du 13 Oftobre dernier, et que beaucoup d'autres qui n'ont point figne fur cette Adrefle I'ont fait fur celle de 1784, comme Opofans si la Chambre d'Affemblce. Vos Supplians, reprcfentant encore I votre Excellence le Tableau du Nombre et des Revenus de ceux qui n'ont point portes de Plaintes aux Pieds du Trone, et foufcris a la Demande d'un nouveau Syfteme, que tous les Canadiens ataches aux vrai Interets de la Province re- doutedt, par les Confequences malheureufes qu'il entrainera. Nombre { »36 ) ■* , * II Nombre dc ceux qui n'ont point entendu parler du Projet d'une Chambre d'Aflemblee, ou qui n'ont point voulu figner pour cette Chambre. 36 Seigneurs anciens Sujets, valans, Penfions et Salaires deduit •" . •" "~ ."" >C- 13*754 75 Seigneurs nouveaux Sujets, valans, Penfions et Salaires deduit — — — — 12,069 16,316 Sujets de toutes Denominations, a ^. 40 — 652,640 16,427 £' 678,463 Ajoutons a ce Calcul le Nombre des Opofans ^ la Chambre, et leurs Kevenus, il en refultera que 20,427 Peres de Families, valant ^.844,514 cfe Revenus, n'ont point demande et font opofans i une Chambre de rep] cllntans, et qu'on ne peut leur opofer que 2,373 Perlbnnes, qui ne valent que £. 107,555, Soufcripteurs pour la dite Chambre, nous ne comprenons point les Communautes et les Seminaires de Quebec et de Montreal, dont les Soins et la plus grande Partie des Revenus font em- ploies a I'Education d'un Nombre d'Enfans, et au Soytien et Soulagement des Malades et des pauvres Families, qui fans leurs Secours tomberaient les premiers dans I'lgnorance, et les derniers dans la plus afTreufe Indigence. Le Nombre de 4,000, que nous avons adopte, n'eft peut etre point exade- ment celui de tous les Opofans a la Chambre, puifque.nous n'avcns point devant les Ycux la IJfte des Soufcripteurs de la Contre Adreffc de 1784. Nous croions cependant pouvoir affurer votre Excellence qu'ils ne font point au-deffous de 3,500; et en y ajoutant les Signatures de TAdreflc du 13 O6tobre dernier, on jugera fi nous avons hazard en calculant fur 4,000 Opofans avec d'autant plus de Raifon que le Signatures de Quebec fur la derniere Adrefie ne paraiflcnt point dans celle de 1784; c'eft ainfi. Mi- lord, que pour ancantir les Affertions des Pardfans de la Rcforme nous avons emploie leurs propres Calculs, dont nous fornmes btin eioignes d'aprouver la JuftefTe, £t dont TExageration eft evidentc par I'Etat a£tuel de cette Province. . : • J. ' II ne nous refte plus qu'a developer a votre Excellence les Sentimens de nos Coeurs, qui font ceux de tous les Canadiens atachcs a la Patrie et ail Gouvernemerit Britannique des Sujets, qui fe font montrcs fideles dans des Circonftances non equivoques, ne craindant point de dire la Verite dans ce Moment cridque, qui peut etre decidera le Sort de cette Province, unp Aflemble Provinciale en Canada ne convient point, par les Confequences dangereufes qui en refulteront. Nous dirons. Milord, avec Confiance a votre Excellence, que I'Abro- gation de piufieurs de nos Loix, et I'Alteratian quant aux Formes qui Ibuvent, et trop fouvent, en ont detruit le Fond trop precipitament faites depuis le Bill de Quebec, nous ont allarme, que c'eft un des Motifs qui ont tngage ks Canadiens a reprefenter aux Pieds du Trone, dans I'lnten- tion feukment de remedier a ces Inconveniens. Voulant eviter de tomber dans le plus grand Malheur, nous ofons nous repofer fur la Bienfaifance de votre Excellence, qui nous a fi long Temps protege, et efperer que vous voudres ( 137 ) voudres bien vous intereflcr auprcs de Sa Trcs Excellente Majcfte et Son Augufte Parlement, pour obtenir la Permifllon de retabltr toutes Abro- gations precipitces de nos Loix, et arreter toutes Alterations ulterieurs ct nitures. Nous efperons que le Confeil Legiflatif, fe renfermera i, I'avenir dans des Limites ftriftes, ne publiera en confequence du Onzieme Paragrafe de I'Afte de Quebec, que des Ordonances pour la Police, le Bonheur, et le bon Gouvernement de cette Province, et nefera des Changemens quant aux anciennes Loix, Coutumes, & Ul'ages, qui pourraicnt £tre neceffaires fuivant les Circonftances qu'avec les plus grands Menagcmens, et les Con- fiderations les plus refltchies. En demandant une Diftindlion dans la Difpenfation des Emplois, nous n'avons point feulement entendee parler en Faveur des Opofans i la Chambre d'Affemblce, mais en Faveur de tous les Sujets Canadiens en general, qui ctant le plus grand Nonnbre, doivent y cere udmis proportionellement tLvec les anciens Sujets, particulicrement dans la Tribunaux de Jufticc, if la Chambre du Confeil, ou leurs Intercts fon journellemcnt difcutcs. Vos Suplians ne feroient aucune Attention au Paragrafe repete dans Ic Trois AdreHTes des demandas d'une Chambre d'Aflemblee multiplie k DefTein de la Remarque qu'ils y font fur les Signatures des Confeillers et Juges, fi par leur Reflexion retenue ils ne paroiflent point defla perfuadies qu'ils fe faifiront, en vertu du Pouvoir d'une Chambre d'Aflemblec, d^ la precieuie Prerogative de la Couronne, de nommer et conftituer fan confeil, et fes Juges. Ce n'efl: point. Milord, la Crainte, ni I'ld^e d'etre deflitues, qui les ont engages i. figner I'Adrefle du 13 Odtobre dernier. Plus ils font lies h la Province par leur Etar, plus ils ont cru etre de leur Devoir de s'opofer h des Projets contrures au Bonheur du Pat's. St ces Signatures les one fi fort affe^^es pourquoi cherchent ils a donner i penfer, par leur Tableau comparatif, que les Trois Confeillers Canadiens qui n'ont point figne centre la Chambre d'Affemblce font Corps avec eux ? Nous oibns affurcr votre Excellence que malgrc le Refus que quelques Confide^ rations particulieres leur a faite faire, ces Trois Meffieurs n'y font pas moins apofes. Nous nous recomandons, Milord, i la Juftice, il rEquite, et k la pro- fonde Sageffe de votre Excellence et nous vous prions humblement h ce qu'jl vous plaife faire telle Raport a Sa Majefte qui puiffe lui faire voir rimportance de nos Obfervations pour le Bonheur et la Tranquilite de la Province. Et vos Supplians, reconaiffans des Bienfaits que vous avez rc- pandu fur le Peuple Canadien, ne cefferent- qu'avec la Vic dc pricr pour la Confervation de votre Excelknce, et de votre refpcftable Famille, .< 31ft Dccembre 1788. " •' ' ,. .* 1 . . -." ^..i■ ".. I. M ni ^' 29. ( '38 ) 'il ? 4Jl^f• "•N° 29. •TRANSLATION' of Memorial of new Subjca.s, jrft De . cember 1788. To his Excellency the Right Honourable Guy Lord Dor- chefter, Captain General and Gommander in Chief of thr Colonies of .Quebec, Nova Scotia, New Brunfwick, and its Dependencies, Vice Admirial thereof, General and Commander in Chief of His Majefty's T'oops in ihc ■ faid Provinces, and in the Ifland of Newfoundland, &c, <-&c,.&c. .^:f -May it pleafe your Excellency, •"TX/E the new Subjefts, Citizens of die City and Diftrift of Quebec, who figned the moft humble Petition to His Moft Excellent Majefty the 13th of Oftober of this Year, in Reply to that of fome of His Majefty's • old and new Subjefts, demanding an AlTembly of Reprefentatives in this Province, and the Repeal of the Quebec Aft, Ihould think we were want- ing to ourfelves, to thofe who have joined us in this Petition, and to the Intentions of the Majority of the Canadians, were -we not to make Ibnie • Obfcrvations upon thofe Petitions prefented to your Excellency on the Firll, . Fourth, and Fifth of this Month, and publi(hed in the Quebec Gazette. More humble than thofe who drew up thofe Three Petitions, who pretend to be a Committee, contrary to Law, we Ihall not dare, my Lord, to af- fume a Title to which we have no Right. The Seafon, the Diftance of • the Parilhes, and the fhort Time we have had to coUeft the Suffrages pre- ■' viows to the, Departure -J the Mail, have not permitted us to avail our- felves of this Mode; it will therefore be fimply as Individuals and Mem- bers of the Canadian Nation that we Ihall take the Liberty of moft hum- ." bly offering our prelent Obfervations to your Excellency j anti we flatter ^ ourfelves that we Ihall fucceed better in making your Excellency acquainted with the Intentions of the Majority of the naturad' Inhabitants of this Coun- : try, than thofe whavery illegally' ftile themfelves its Reprefentatives. .The unfounded AfTertions and erroneous Calculations contained in diofe Petitions-might meet with Support at a Diftance from the Place where T they were originally invented, were we to negleft pointing out the Means of removing thofe ImprefTions, which otherwife, without Doubt, they might leave on the Minds of thofe who are but innperfeiftly acquainted- with the - Country and its. Inhabitants. The numerous Inhabit»its of this Province,' happyunfler a mild Govern- ment, and confifting, for the greater Part, of peaceable Cultivators, alike Strangers to the Spirit of Party and to Intrigue, without any direft Taxes upon their Eftates, doubt whether they can enjoy a more fortunate State. If fome have inclined to Innovations, it was becaufe they believed thofe Jnnoviuions ( 139 ) innovations to be the only Remedy for their Complaints, and the only Means of preferving tlieir Laws, their Religion, nay, even the Ilappinels of the Province, which feemed to be endangered. From this Explanation 'your Excellency, who has a thorough Knowledge of the Inhabitants of this Country, will fee that the Defign of innovating in our prefcnt Syftem of Legiflation comes but from a very fmall Number, who diflike our Laws, and wifh to introduce fuch as we are Strangers to. And this fmall Num- ber has gained over thofo whofe Names appear in the Lifts which have been prefented to your Excellency, who are abfolutely ignorant of the real Motives and dangerous Confcquences of fuch Innovations. It is our Religion, our Laws relative to our Property, and our Perfonal Surety, in which we are moft intcrefted; and thcfe we enjoy in the moft ample Manner by the Quebec Bill. We are the more averfe to an Houfe of Aflembly, from the fatal Conreo,uences which will refult from it. Can we, as Roman Catholics, hope to preferve, for any Length of Time, the fame Prerogatives as Proteftant Subjects in an Houle of Reprefentatives ? And will there not come a Time when the Influence of the latter will over- balance that of our Poftcrity ? In this Cafe, (hould we and our Pofterity enjoy die fame Advantages which our prefent Conftitution fecures to us ? Again, have -we not Reafon to dread left we ftiould foon fee thofe Taxes levied upon the Eftates, which are at prefent adtually levied upon Articles of Commerce, which the Inhabitant pays, indireftly it is true, but in Pro- portion to -what he confumes ? Shall we not fear that we may one Day fee the Seeds of Diflenfion created by the Aflembly of Reprefentatives, and nourilhed by thofe inteftine Hatreds which the oppofite Interefts of the old and new Subjefts will naturally give Birth to ? We will now turn the Weapons of thefe zealous Partizans of an Aflembly of Reprefentatives againft thcmfelves, and make ufe of their own Calculations, in order to de- monftrate the Errors of thofe AflTeriions with which they fupport their Ad- dreflles. It is to be obferved, that the Petition of the old Subjefts, in prefenting ithe exaggerated I jft of the Revenues of the Thirty-fix Seigneurst ancient Subjefts, amounting to^T. 10,346, feems to infinuate that thefe Thirty-fix Seigneurs have given their San6lion to the Addrefs of 1784 for an Houfe 0f Aflembly j whilft, in reality, there are only Fourteen, the moft confpicci- ous of whom have not even figned, and to whofe San&ion nevertheleis they lay Claim for the Meafures which they have adopted. ;.. ., ^ The Partizans of this AflTembly of Reprefentatives feign alfo their Igno- rance of an Addrefs being tranfmitted to the Foot of the Throne in the Year 1784, entirely averlc to an Houfe of Aflembly, and that this Addrefs -tvis Signed by near Four thoufand Perfons ; and that though in the Second Ad- 'drefs of the 13th of Oftober the Signatures of thefe fame Perfons do not .appear, it is bccaufe they were not thought neceflary, and that on account of the Diftance and of the Seafon it was ftifiicient to afiix thofe of the moft Telpedable, and thofe wto were moft conveniently fituatcd i it is not there- fore Queftion of Seven hundred and Forty-four Signatures which appear •averfe to an Houfe of Aflembly, but of about Four thoufand which have jpofitivcly figned their Oppofxtion to it, and whofe Signatures are in the . ." ■ ■ ' • Pofllfiion 1 y '.■r J(!) 1*^ h ^-'^'^ ( i+o ) ■pofleflion of HU Majcfty's Miniftcrs, which form a ftriking DiflTerence with the Refult of their Calculations. Neither (hall we clafs amongft the Number of thofc who are Partizans for an Houfe of Aflcmbly thole old a-.d new Subjedls who have not pe- titioned for it i or if, according to their Calculation, we calculate Twenty thouiand Eight hundred Fathers of Families, Proprietors of Eftates, Ca- nadian Subjedts } if in the fame Proportion we fuppofe Two thoufand old Subjects ; if upon tliis Total of Twenty-two thoufand Eight hundred we deduft the Two thoufand Three hundred and Seventy-three Petitioners for •an Houfe of Aflcmbly, there will remain at lead Twenty thoufand Four hundred and Eighty-fevcn Subjefts, of whom Four thoufand and more have formally protefted againft any Projeft of Reform, after having been made acquainted with it ; others have either been ignorant of it, or do not ^efire any Change, bccaufe they are content with the Form of Government, -or have rcfufed to fign the Addrefs for an Houfe of Aflcmbly when it was ^refented to thenn, becaufe they difapproved of its Defign. The Article of One million Two hundred and Forty-flx thoufand and Twenty-three Pounds Six Shillings and Eight Pence Sterling, the Whole of ;the Commerce, almofl: all of which they al^^rt to be in the Hands of thofe who have petitioned for an Houfe of AflTembly, will ferve to (hew how little thefe unfounded Aflertions cofl thofe who wifli to prefent Obje(5ts in a 'different Point of View to that in which, in reality, they exift. Shall a imall Number of Individuals, Three Fourths of whom are only Labourers or C^itizens, and whofe Revenues do not certainly exceed the Forty Pounds which they gratuitoufly would give them, and of whom, among!!; others, tliere are but few Merchants whofe Credit is efl:abliflied upon folid Foun- dations — (hall thefe form that immenfe and exaggerated Mafs, which, in allowing it an Exigence which it has not, xan only be divided and fubdi- vided into all the Merchants of the Province, the greater Part of whom have never petitioned for an Houfe of Aflembly ? The Part of the Mer- chants of Great Britain might be of more Importance if thofe Gentlemen who do not inhabit the Province had any Right to a Change of the actual Syftem of the Province. This Million and fome Hundred Pounds Ster- ling will not form any Balance in favour of the Demand of an Houfe of Aflfembly, and can only turn againfl it, flnce it is certain' that this Suni is \difperied as well amongft the Merchants of this Province, who have peti- .tioned for an. Houfe of Aflembly, as amongft the Merchants of London, ^d alfo amongft thofe who are averfe to an Houfe of Aflcmbly, and again amongft a great Number of thofe who will neither hear mentioned, nor .concern themfclvcs in any Manner with Political Affairs. . ■^- RECAPITULATION. ( HI ) RECAPITULATION. Petitioners for a Reform. 14 Seigneurs t ancient Subjefts, worth, in Manorial Rents and other Revenues, — ■— ' — /!• 8,770 13 Seigneurs, new Subje<5bs, worth — — S>3^i 2,346 Old and new Subjedls of all Ranks, atj^.40 — 93»840 2,373 *^ ^-107,995 Pei^fions and Salaries to be dedudpd — 440 Remains — 107,555 At beft, therefore, we can only fay, that Two thouHind Three hundred and Seventy-three Perlbns, whofc Property amounts to One hundred and Seven thoufand Five hundred and Fifty- five Pounds, have figned a Petition for an Houfe of Aflembly, and for other Objefts contained therein, by their Addrefs of 1784: We muft neverthelcfs remark that many of thcfe Seigneurs, ancient Subjefts, who are placed amongft die Number of thofc mentiontd above, have not figned the Addrefs, and that it is without any Foundation that they aflert that they are favorable to it ; and that if wc dedudjb their Revenues from that Lift which regards the Seigneurs, ancient Subjedls, it will be reduced to a very trifling Sum : That Two of the principal Seigneurs, new Subjefts, and of confiderable Revenue, who /jverc Members of, and at the Head of the Committee of 1784, in Favor of the Petition, appear, fince that Period, to have withdrawn themfelves from it, without any Caufe of Death or Vacancy. We muft alfo obferve that of the Two thoufand Three hundred and Forty-fix Subjefts of all Denominations, whofe Revenues are valued at ^£.40, an Eighdi of this Total has not in reality any Revenue at all, and that the other Seven Eighths are far from poflefling the;([.40 which tKey have fo generoufly given them. * 1 " Againft a Reform. ' ,? v 5 1 Seigneurs, worth, in Manorial Rents and other Revenues 1 0,836 3,949 Subjects of all Denominations, poflefling £. 40, who ^ figned the Counter Petitipn of 1784, as alfo that of ' 4,00.0 tl^ 13th Oftober laft — __ — 157,960 168,796 Penfions ai)^ ^alariqs to be dedufbe^ , — 2,745 Remains — -— X 1 66,05 1 (,»;. K: m. '*ifi' Nn It ( H2 ) It rcfults that Four thoufand Perfons, whofe Property amounts to /. 166,051, have formally protffted againft an Houle of^Affembly, and. that they exceed in Number the Petitioners tor the faid Koufe of Aflem- bly, as Seigneurs, by Twenty-four Individuals, and as Subjefts of all Deno- minations by 1,603 Individuals, and that their Revenues furpals thofe of the Reformers by /. 58,496, obfcrving that the 51 protefting Seigneurs arc only thofe who figned the Addrcfs of the 13th of Oftober laftj and that many others who did not fign that Addrefs figned the former One of 1784 as averfe to an Houfe of Aflcnibly. Your Petidoners take the Liberty alfo to reprelent to your Excellency an Account of the Number and of the Revenues of thole who have not fent any Complaints to the loot of the Throne, nor fubfcribed any Petition in Favor of a new Syftem, which all the Canadians who are attached to the true Interefts of the Province juftly dread, from the unhappy Confequences which will refult from it. n f 1 A Lift of thofe who have not heard of the Projeft for an Houfe of Aflembly, or wJio would not fign the Petirion for the faid Houfe. 16,417 ^6 Seigneurs, ancient Subjedls, poflefllng, after deducing their Salaries and Penfions — — — 75 Seigneurs, new Subjefts, poflfelfing, after deducing their Salaries and Penfions — — — 12,069 16,316 Subjects of all Denominations, at jC.40 — — 652,640 £. 678,463 If we add to this Calculation the Number of thofe who arc averfe to an Houfe of AfTembly, there will refult from it that 20,427 Fathers of Families, whofe Property amounts to ;^. 844,514, have not petitioned for and are averfe to an Allembly of Reprefentatives ; and that oppofed to them there are only'2,373 Perfons, who do not pofTefs more than/. 107,555, who hav« petitioned for the faid AfTembly. We do not include the Communities and the Seminaries of Quebec and Montreal, whofe Cares and the greater Part of whofe Revenues are emj)loyed in the Education of a Number of Children, and towards the Support and Comfort of the Sick, and of poor JFamilies, who without their Affiftancc would fink, th" one into Ignorance, and the other .into the moft frightful Poverty. The ^ift of 4,000 Perfons which we have cholen is not perhaps the exa£t Number of chofe who ^e averfe to an Houle of Aflembly, fince we have not before us the Lift of the Subfcribers to the Counter Addrefs of 1784. We think, neverthrfefs, that we can aflure your Excellency, that they are not under 3,500. And that lifter adding the Signatures of thofe who figned the Addrefs of the 13th •of laft Oftober, we have not exaggerated in eftimadng the Number of thofe who are averfe to the Meafure at 4,000 Perfons ; and with the more Reafon too, fince the Signatures of Qiiebec, affixed to the laft Addrefs, do not appear upon that of 1784.' It is thus, my Lord, that in order to invalidate the Aflertions of thofe who with for a Reforn^ we have made ufe > *1 '( 143 ) <^f their own Calculations, from which wc widely difltr, and whofe Exaggera- tion is evident from the aftual Situation of this Province. It only remains for us to difclofe to your Excellency the Sentiments of our Hearts, which are thofe alfu of all thofe Canadians who are attached to their Country and to His Majefty's Government. Subjects who have prefervcd their Fide- lity amidft the moft trying Circumftances will not fear to fpeak the Truth on this critical Occafion, which will perhaps decide the Fate of this Pro- vince j a Provincial Aflembly in Canada is not adapted to it, from the dangerous Confequences which would rcfult from it. Wc will fpeak to you, my Lord, with Confidence, and fay, that the Re- peal of many of our Laws, and the Alteration, as well with refpeft to the Forms, which too often dcftroys the Intention, too precipitately made fince the Quebec Bill, have alarmed us: That it is one of the Motives which has induced the Canadians to reprefcnt at the Foot of the Throne, with the View only of having thefe Inconveniencies remedied. Defirous to avoid being ex- pofed to the greateft Misfortune, we dare rely upon the Goodnefs of your Excellency, which has fo long protcfted us, and hope that you will intereft yourfelf with our Moft Gracious Sovereign and His Auguft Parliam.'nt, in order to obtain Permiflion to re-eftablUh all precipitate Repeals of our Law», and-to fufpend all further Alterations. W€ hope that the Legiflative Coun- cil will confine itfelffor the future within ftrift Limits, and inConfequence will only publifh fo much of the Eleventh Article of the Quebec Bill as re- lates to the Police. The Happinefs and the good Government of this Pro- vince confifts in making only thofe 'Changes in the ancient Laws, Cuftoms, and Ufages, which may be neceflary, according to Circumftances, and which requires at the fame rime the greateft Care and thedeepeft Refieftion. In requiring a Diftinction in the Diftribution of Employs, we have nor. ■folely confined ourfelvcs to thofe who are averfe to an Houfe of Aflembly^ but in Favour alfo of all Canadian Subjedl;^ in general, who, compofing the greater Number, ought to be admitted in Proportion to the old Subjedls, .particularly in the Tribunals of Juftice, and the Council Chamber, where their Interefts are £very Day difcuffed. •. Your Petitioners would not pay any Attention to a Paragraph repeated in the Three Addreffes of thofe who have petitioned for an Houfe of Af- fembly, defignedly multiplied, of a Remark which they there make upon the Signal es of the Counfellors and Judges, if by their continual Repeti- tion ofit u v; did not fecm already perfuaded that in Right of this Power of an Houfe of Aifcmbly rfiey iliall inveft themfelves with the facred Prero- gative of the Crown, to name and conftitute its Council and its Judges, k is neither, my Lord, the Fear nor the Idea of being abandoned which has induced them to fign the Petition of the 13th of Oftober laft. The more they are attached to the Province by their Situation, the more they have thought it their Duty to oppolc Proje&s fo contrary to the Happinefs of the Country. If they are not alarmed at thefe Signatures, why do they endea- vour to infinuate, by their comparative Defcription, that the Three Canadian Counfellors who did not fign the Proteft againft the Houfe of Aflembly were of their Party ? We dare aflure your Excellency, that notwidiftanding fome particular Confiderations which withheld them from figning it, that they art equally inimical to k. We m ; •!/ ( 1 ( 144 ) Wc fiibmit ourfelvcs, my Lord, to the Jiiftice, the K(]nity, ftnil the pro- found Wifdom of your Excellency; and we moll humbly entreat, that you -will be plcafed to make fuch a Relation to His Maielly as may point out to Him the Importance of our Obfcrvations to the jlappincfs ancl the Tran- quillity of the Province : And your Petitioners, grateful tor the BlcfTings which you have conferred upon the Canadian Nation, will not ceaie, but with their Lives, to pray for the Prcfervation of your Excellency, and your refpcCtable Family. Quebec, 3 ifl December 1788. '.'' V'' I f ■( I ' ♦■ N*' 30. COPY of tlic Memorial and Petition of tlie Subfcribers, Mer- chants, ficc. of Quebec and Montreal, 29th Odiobcr and ad November, 1789. A Son Excellence le Tr?s Honorable Guy Lord Dor- chefter, Capitainc General et Governeur en Chef c!<;s Co- lonies de Quebec, Nouvellc Ecofle, Nouveau Brunfwick, et leurs Dcpendances, Vice Amiral d'icelles, General ct Commandant en Chef dcs Troupes de Sa Majeftc dans les dites Provinces, ct dans I'lfle de Terreneuve, &c. 6cc. &c. Humble Petition des Citoyens de Quebec et de Mon- treal, aflcmblcs en Comittcs, tant pour eux que pour Icurs Conftituants- Reprcfentent humblemcnt, V^U'AY ANT etc i.nformes par M' Adam Lymburner, leur Agent ^^ a I^ondres, que des Obftacles imprevues avoient retarde, jufqu'a la Seflion prochaine de Parlement, la Difcuflion des Affaires de cctte Pro- vince, ils croyent qu'il eft de leur Devoir, pour I'AvancemeiK des Intercts de leurs Conftituants, de reprcfentcr a votre Seigneurie qu'ils perfeve- rent a defirer ardemment la Reforme de la Conftitution decette Province, et avec d'autant plus de Raifon, que les Griefs qui ont fait naitre Iturs "Plaintes, comme I'lncertitude des Loix, les Decifions contradidlories des ■Cours de Juftice, et la Confufion des Formes dans les Procedures, de- viennent de plus en plus manifeftes, et prejudiciables aux intercts des Su- jets de Sa Majefte. En Conrcquencc Us fupplient votre Seigneurie de recevoir, et commu- >ni^uer (■ '43 ) nlqucr aux Minlftics de Sa Majcllt, Ics \'oeux qu'ils font pour la RaifTtc lU-s Projcts lie Rcformc dcniandi's par leur Addrcflc ilii Mois dc Novcnibre 1784, ct a^udlement Ibumis i I'Honorable Chambrc dc Comnums, comme etant Ics Moycns Ics plus cfficaccs pour rcniedicr H Icurs Maux, ct faiic profpcrcr ccttc Colonic. C'cft avcc dcs Cceurs pcnctrcs dc la plus vive Gratitude qu'ils faififllnt cette Occafion pour fupplicr votre Scigneuric de f.iirc parvcnir au Pied du Irone I'KxprelTlon dc leur Rcconnoiflfancc, ct ccUe dc kurs Conftituants, pour Ics Sccours gcncrcux, tn Grains ct Farinc, que la Bontc Pattrncllo ct la Munificence Royale ont engage Sa Majcrtc i faire palTer a Quebec, pour prcvenir Ics Dangers ct Ics Calamitcs d'une Pifctte, dont cette Pio- vince ctoit menacct*. Et vos Suppliants ne ccITcront de pricr. . Montreal, 29"" Oftobrc, 1789. fP"Guy. Bouthillier. ^■^ \ Dumas, g) { S' Martin. wo Ij.P.Papcri I M" Blondes Jn. Delifle. P" Foretier, eau. H. Pcrrault. Blondeau. Quebec, 1* Novcmbre, 1789. f L* Germain, A. Pauet. Fils. J. Baillairgc. L. Duniere. A. Arieux. Pcrrault S' Germain. L*Ainc. Dufarc. .Ch. Pinguet. L. Turgeon, Pcrc. L.Defcheneaux, Fils. Denechaud. i' N'' 31. TRANSLATION. MEMORIAL and PETITION of the Subfcribers, Merchants, "a-" ' '&c. of Quebec and Montreal, 29th 0£tober and id Novem- ber 1789. 'To his Exccllenqr the Right Honourable Guy Lord Dorchefter, Captain General and Governor in Chief of the Colonies of Quebec, Nova Scotia, and New Brunf- • wick, and their Dependencies, Vice Admiral of the fame, '^ General and Commander .in Chief of all His Majefty's Forces 4n the faid Colonies, and thelfland of Newfound- land, . &c. &c. &c. The Memorial and Petition of the Subfcribers, Mer- chants and other Citizens of Quebec and Mon- treal, iaBehalf of themfelves rmd their Conftituents ; v:Hiimbly Sheweth, ^TpHAT your Memorialifls have received Information from Adam ■ Lymbourner, Efquire, their Agent in London, that the Confideration of 5»lF* ' f: O o the ( 146 ) the Affairs of this Province have from unforefeen C'jftacles been poftponed by the King's Minifters till the next Sefllon of Parliament. Whilft your Memorialifts regret the Occafions which have retarded the Difcuflion of their Petition for a Reform in the Conftitution of this Province, they beg Leave to (late to your Lordfhip, that the Grievances which originally gave Rife to their Petirion and Complaints, do dill exiftj and that the Inefficacy and Uncertainty of the Laws, the contradiftory Decifions of the Courts of Juftice thereon, and the Confufion which prevails in the Forms of judicial Proceedings, liave become more and more manifeft and deftrudive to the Interefts of His Majefty's Subjefts. Your Memorialifts, firmly perfevering in the Profecution of the Pur- pofes for which they were originally elefted by their Fellow Citizens, hum- bly intreat your Lordlhip to receive and communicate to the King's Mi- nifters their unalterable and ardent Wifties for a Reform in the Conftitution of the Province, as fuliy exprefled in their Petitions to His Majefty and botli Houl'es of Parliament, dated in November 1784, now before the Honourable Houfe of Commons ; which Petitions, in the humble Opinion of your Memorialifts, point out the beft and moft effcftual Means of re- medying the Evils complained of, and of promoting, at the fame Tim.e, the Wdfare of the Provijice, and the Interefts of His Majefty's Subjcits. With Hearts penetrated with the moft lively Gratitude, your Memorial- ifts fupplicate your Lordfliip to tranfmit to the Foot of the Throne their moft fincere Thanks, and thofe of their Conftituents, for the liberal Supply of Grain and Flour which the King's paternal Goodnefs and Royal Bounty induced His Majefty to fend to the Relief of this Province, at a Time when it was threatened with all the Calamities of a Famine. And your Petitioners, as in Duty bound, will ever pray, &c. &c. 13 to 1 (/5 Montreal, 29thO«5lober 1789. JAMES M'GILL JAMES FINLAY. RICHARD DOBIE. THOMAS M/CORD. JOHN M'KINDI-AY. JAMES WALKER. A. AULDJO. Quebec, i^ November 1789. JOHN YOUNG. JAMES JOHNSTON. J. BLACKWOOD. GEO. ALLSOPP. JOHN PAINTER. ROBERT LESTER. MATHEW LYMBURNER,&Co. W^ GOODALL. :^^r*' N" 32. COPY. ■.'"•ii??* > ( H7 ) An ORDINANCE for regulating and eftablifliing the Courts of Judicature, Juftices of the Peace, Quarter Seflions, Bailiffs, and other Matters relative to the Diftribution of Juftice in this Province; By his Excellency James Murray, Efq. Captain Gene- ral, &c. &c. &c. in Council, this 17th Day of Sep- tember, in the Fourtli Year of His Majefty's Reign, Annoque Domini 1764. 'Yy' H E R E A S it is highly expe- dient and neceflary for the well governing of His Majefty's ' . good Subjefts of the Province of Quebec, and for the ipeedy and im- partial Diftribution of Juftice among the fame, that proper Courts of Ju- dicature, with proper Powers and Authorities, and under proper Regu- :'. ": lations, fliould be eftabliflied and ap- pointed : His Excellency the Governor, by and with the Advice, Confenr, and Afliftance of His Majefty's Council, and by virtue of the Power and Au- thority to him given by His Ma- jefty's Letter Patent, under th^ Great Seal of Great Britain, hath thought fit to ordain and declare, and his fald Excellency, by and with the Advice, Confent, and Afliftance aforefaid, doth hereby ordain and declare, that a Superior Court of Judicature, or Court of King's Bench, be eftabliflied in this Province, to fit and hold Terms in the Town of Quebec Twice in every Year i viz. One to begin on the Twtnty-firft E.'y of January, called Hilary Term, the other on the 2 ift Day of June, called Trinity Term. >\| As there are but Two hundred Proteftant Subjects in the Province, the greateft Part of which are dif- banded Soldiers of little Property and mean Capacity, it is thought unjuft to exclude the new Roman Catholic Subjefts to fit upon Juries, as fuch Exclufion would conftitute the faid Two hundred Proteftants perpe- tual Judges of the Lives and Proper- ty of not only Eighty thoufand of the new Subjedt?, but likewife of all the Military in the Province j befides, if the Canadians are not to be admitted on Juries, many will emigrate : This Eftablifliment is therefore no more than a temporary Expedient to keep Things as they are until His Ma- jefty's Pleafure is known on this cri- tical and difficult Point. ■ / In this Court His Majefly's Chief V . ij Juftice prefides, with Power and Au- thority to hear and determine all Cri- minal and Civil Caufes agreeable to th« i if 1 }' % m i * v J1 'n I*; !>?f ' M ) f « *,! - i a m ri; i Im ( «48 ) W c find, which was not at firft ap- prehended, that the Court of Aflize propofcd to be held at Montreal Twice eveiy Year, will be attended with too much Expence to the Crown, and therefore that Eftablifli- ment fhall be correfled. The Court of Common Pleas is cnly for the Canadians ; not to admit ■ of fuch a Court until they can be fup- pbfed to know fomething of our Laws and Methods of procuring Juftice in our Courts, would be like fending a Ship to Sea without a Com- pafsj indeed it would be more cruel — the Ship might efeapcj Chance might drive her into fome holpitable Har- tour, but the poor Canadians could never fhuit the Attempts of defign- ing Men, and the Voracity of hun- gry Praftitioners in the Law j they jnuft be .undone during the Firft Months of their Ignorance ; if any efcaped, their AfFeftions muft be alie- .nated and diiguiled with ourGoveai- : ment and Laws. It is necelTary to bbferve that the • few Britifh Traders living here, of which not above Ten or Twelve have any fixed Property in the Province, are much dilTatisfitd, becaufe wehave admitted the Canadians on Juries j ' the Reafon is - evident, their own ' Confequence is thereby bounded. . But the Praftitioners in the Englilh . Law have probably put them out of Humour with the Court of Com- jnon Pleas [which they are pleaied to the Laws of England, and to the Ordinances of this Province; and from tliis Court an Appeal lies to the' Governor and Council where the Matter in Contell is above the Value of >C'3oo Sterling i and from the Governor and Council an Appeal lies to the King and Council, where the Matter in Conteft is of the Value of jC*500 Sterling, or upwards. In all Trials in this Court all His Majefty's Subjefts in this Colony to be admitted on Juries, without any Diftinftion. And His Majefty's Chief Juftice Once in every Year to hold a Court of Aflize and. General Gaol Delivery foon after Hilary Term, at the Towns of Montreal and Trois Ri- viere?, for the more eafy and conve- nient Diftribution of Juftice to His Majefty's Subjefts in thofe diftant Parts of the Province. And whereas an inferior Court of Judicature, or Court of Common Pleas, is alio thought necefiary and convenient; it is further ordained ■andtleclared, by the Authority afore- faid, that an inferior Court of Judi- cature, or. Court of Common Pleas is hereby eftabliflied, with Power and Avithority to determine aill Property •above the Value of ;^. lo, with a Li- berty of Appeal to either Party to the Superior Court, or Court of King's 'Bench, where tlie Matter in Conteft is of the Value of ^..ao or upwards* All Trials in this Court to be by ■ Juries, if demanded by either Part>v and tills Court to fit and hold Two Terms in every Year,.. at the Town vof Quebec, at the fame Time with the Superior Court, . or Court of ■King's Bench. Where the Matter in Conteft in this Court is above the Value o(£. 300 Sterling, either Party may (if they ftiall think proper) ap- r I . I i; ( 149 ) fto call nncpnftitutional : We thought lit reafonable and neceffary to allow Canadian Advocates and Proftors .to praftife in this Court of Connmon JPleas] only (for they are not ad- gmitted in the other Courts) becaufe "we Have not yet got One Englifli jBarrifter or Attorney who under- iftands the French Language. y I ^V.-'S i. ■ m ■^■y-f-r peal to the Governor and Council immediately, and from the Governor and Council an Appeal lies to the King and Council, where the Matter in Conteft is of the Value of ^. 500 Sterling, or upwards. The Judges in this Court are to determine agreeable to Equity, having Regard neverthelefs to die Laws of England, as far as the Circumftances and prefent Situation of Things will admit, until fuch Time as proper Or- dinances for the Information of the People can be eftablilhed by the Go- vernor and Council, agreeable to the Laws of England. The French Laws and Cuftoms to 'be allowed and admitted in ail Caufes in this Court, between the Natives of this Province, where the Caufeof Adion arofe before tla. Firft Day of Oftober 1764. The Firft Procefs of this Court to be an Attachment againft the Body. An Execution to go againft the Body, Lands, or Goods of the De- .€endant. Canadian Advocates, Proftors, v&c. may pradUfe in this Court. And whereas it is thought highly neceffary for the Eafe, Convenience, and Happinefs of all His Majefty's loving Subjedts, that Juftices of the Peace fhould be appointed for the refpeftive Diftrifts of this Province, with Power of determining Property of fmall Value in a fummary Way ; it is therefore fiirther ordained and declared by the Authority aforefaid, and full Power is hereby given and granted to any One of His Majefty's Juftices of the Peace within their refpeftive Diftridsjto hear and finally determine in all Caufes or Matters of Property, not exceeding the Sum 'Of Five Pounds Current Money of P p Quebec ; iV m m ■ 1 \ f) 1 { ^50 ) 'm .. ( '■, f^' .Quebec; and to any Two Jufticcsof the Peace within their refpeftivc Diftrids, to hear and finally deter- mine in all Caufes or Matters of Property not exceeding the Sum of Ten Pounds faid Currency; which Decifions, being within and not ex- ceeding the aforefaid Limitations, Ihall not be '.lable to an Appeal : And alfo full Power is by the Authority aforefaid given and granted to any Three of faid Juftices of the Peace -to be a Qiiorum, with Power of 'holding Quarter Seffions in their refpeftive Diftrids every Three Months, and aifo to hear and de- .termine all Caufes and Matters of Property which fhall be above the Sum of Ten Pounds, and not ex- ceeding I' 30 Current Money of Quebec; with Liberty of Appeal to cither Party, to the Superior Court or Court of" King's Bench: And it ;is hereby ordered, that the aforefaid Juftices of the Peace do iffue their Warrants, direfted to the Captains and other Officers of the Militia in this Province, to be.by them executed until the Provoft Martial legally au- thorized by His Majcfty fhall arrive, and other inferior Officers be ap- pointed for that Purpofe; all Officei:s Civil and Military, or other His Ma- jefty's loving Subjefts, are hereby commanded and required to be aiding and aflifting to the faid Juftices and Officers of Militia in the due Exe- cution of their Duty : And it is fur- ther ordered and direfted by the Au- thority aforefaid, that Twwof tfie faid Juftices of die Peace do fit Weekly jn 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 • Juftices who are to fit in each Week be pofted up on the Door of the Seflion Houfe by the Clerk of the J'eac?, Two Days before their re- .fpedtivc ( iSi ) j J'll .). " ■ ; I r-!i 'We called them Bailiffs, becaufe .'the Word is better underftood by the .new Subjects than that of Conftable. u fpcftlvc Days of fitting, that all Perfons may know to whom to ap- ply for Redrefs. And whereas there arc not at pre- fent a fufRcient Number of Protcllant Subjefts refidcntin the intended Dif- trift of Trois Rivieres, qualified to be Juftices of the Peace, and to hold Quarter Seflions, it is therefore fur- ther ordained and declared by the Authority aforcfaid, that from hence- forth this Province (ball be divided into Two Diftridts, to be known and called by die Names of Quebec and Montreal, for the Time being, and until there may be a competent Num- ber of Perfons fettled at or near Trois Rivieres, duly qualified to execute the Office of Juftices of the Peace, and the Power of holding fuch Quarter SefTions abovementioned, or until His Majefly's Pleafure be known in that Behalf; and that the faid Two Diflri£ts be divided and bounded by the River Godfroy on the South, and by the River St. Maurice on the .North Side. And whereas it is thought very expedient and neceffary, for the fpeedy and due Execution of the Laws, and for the Eafe and Safety of His Ma- jefly's Subjefts, that a fufficient Number of inferior Officers fhould be appointed in every Parifh through- out this Province j it is therefore or- dered by the Authority aforefaid, that the Majority of the Houfeholders in each and every Parifh do, on the a4th Day of June in every Year, eleft and return to the Deputy Se- cretary, within Fourteen Days after fuch Election, Six good and fufficient Men to ferve as Bailiffs and Sub-Bai- Hffs in each Parifh, out of which Number the King's Governor or Commander in Chief for the Time being, with che Confent of the Coun- cil, is to nominate and appoint the Perfons who are.to aft as Bailiffs and Sub-Bailiffs ( 152 ) n ^uiU .\. Si.. Sub-Bailiffs in each Parifli ; and fucK Nomination or Appointment is to be notified by tiie Deputy Secretary to the relpedive Parimes, and alfo pub- lidied in the Quebec Gazette, Ibmc Time in the lalt Week in Auguft in every Year; and the Bailiffs and Sub- Bailiffs fo nominated as aforefaid are to enter upon and begin to exe- <:ute their refpeftive Offices on the a 9th Day of September in every Year. No Perfon to be elefted a Second Time to the fame Office, except ti.<; whole Parifti has ferved round, or that thofe who have not are laid afide for fome material Objec- tion which mull be fupported by Proof: But that there may never be an entire Set of new Officers at One Time, but that thofe who remain may be able to inftrudt thofe whp enter into Office, One of thofe Per- sons who have ferved as Sub-BailifFs in each Parifh, to be elefted and no- minated Bailiffs of faid Parifh the enfuing Year. If a Bailiff dies in his Office, die Governor or Commander in Chief will nominate One of thofe returned by faid Pariffi to ferve as Sub-Bailiffs for the Remainder of the Year; and when a Sub-Bailiff happens to die in Office, the Bailiff fliall affemble the Parifh upon the next Public Feaft Day enfuing his Deceafe, who fhall {)roceed to eleft and return as aforc- aid another Sub-Bailiff. The Eleftion of Bailiffs and Sub- Bailiffs for this prefent Year to be on the aoth Day of Oftober j their Names to be returned immediately after 'the Elcdlion; their Nomination will be notified and publifhed by the Deputy Secretary as foon as may ;be, and they fhall enter upon and begin to execute their refpe^^ive Of- rfice^ on the Firft Day of December, Jbut a:^' n I ( 153 ) 't 1-: .•>r'>H>l;. • :M,i] ( ; io ;■;.■.» J ■• • .•iji.^.;:iut x'^.^n^-^''^" j-.'- i ,.^' ■.;.-tO , .- ■ .'(_<» 1 '' . r ■3f!i .■■••'•.•• ;.! 3;i f.'n 'to •in--'"/ :. , 'jiUi V '.:';■ >/rl jb-.:f; . ir.-fl:-''.} /ni^ii^ ' » f'tVi Luc I'iu"'. :ri yh !>,' . .t -i . L. .'KlV. ■•U:. i ^: but all Eleftions, &c. after tWs Turn (hall be on the Days and Times above mentioned and appointed for that Purpofe. The Bailiffs are to overfce the King's Highways, and the Public Bridges, and fee that die lame are kept in good and fufficicnt Repair, to arrcft and apprehend all Crinii- nals, againft whom they fhall have Writs or Warrants, and to guard and conduiSt them through their refpec- tive Parilhes, and convey them to fuch Prifons or Places as the Writ or Warrant fliall dire£t ; they are alfo to examine all Bodies that are ex- pofed, and on whom any Marks of Violence appear, in Prefence of Five reputable Houfeholders of the fame ^„; :Pari(h,whom he is hereby impowercd to fummons to infpeft the fame, and report in Writing the State and Cir- cumftances thereof to the next Ma- , f giftrate, that a furtlier Examination ' may be made therein if neceffary -, but this to be done only where the . Coroner cannot by -.;y Poffibility at- tend, wliich in dus extenfive Province may frequently h^pen. Where any Difputes happen con- cerning the breaking or repairing of Fences, upon Complaint made to the Bailiff, he (hall fummons the Defen- dant, who is to chufe Three indifferent Perlbns,and die Plaintiff Three more, andthefeSix, the Bailiff prefiding, W decide the Difputej from dieir Sen- tence either Party may apply to the Quarter Scffions; the Perfon found in fault, to pay One Shilling and no more to the Ferfon who fhaU draw up the Decilion. Thefe Bailiffis to be fwom into their Office by the next Juftice of the Peace as foon as may be after Qji «l^"r i A iP. ( 154 ) • .1 u" t iC their Nomination as aforefaid, and the faid Oath to be returned to the next Quarter SetTions by fuch Juf- tice. bn,. Given "by his Excellency James Murray, Efquirc, Captain Ge- neral, &c. &CC. &c. in Council at Quebec, the 17 th Sep- tember, Annoque Domini 1764, and m the 4th 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, &c. &c. "'( 1 \t N" 33- (.,.> t:-. (C O P Y.) An ORDINANCE to alter and amend an Ordinance of ! :»n • . '*N his Excellency the Governor, and His Majefty's Council f 1:.. . . : V'.':^ 1^ .pf this Province, paiTed the 17th Day of September ■ii^"i.u». -Utt -J'.'. 1764. ^ .r. ... ■>\i... \^HEREAS by an Ordinance of his Excellency the Governor, and His Majefty's Council of this Province, made and paffed the 17th Day of September 1764, intituled, "An Ordinance for regulating and eftablifh- " ing the Courts of Judicature in this Province," His Majefty has moft gra- cioufly been pleafed to fignify His Royal Will and Plealure therein by an additional Inftruftion to His laid Excellency the Governor, "That the " Welfare and Happinefs of His loving Subjefts in this Province, which "will -ever be Objeds of His R'oyal Care and Attention, do require that " the faid Ordinance fliould be altered and amended in feveral Provifions ** of it, wiiich tend to reftrain His Canadian Subjedts in thofe Privileges " they are entitled to enjoy in common with His natural born Subjedts ;" and therefore it is His further Royal Will and Pleafurc, that it fhall be declared, and by his Honour the Lieutenant Governor (the Prefidcnt of His Majefty's Council) by and with the Advice, Confent, and AfllftanceofHis Majefty's -Council of this Province, and by the Authority of the fame, it is hertby ordained and declared, that all His Majefty's Subjedts in the faid Province of Quebec, without Diftindtion, are entided to be impannelled, and to fit and adt as Jurors, in all Caufes, Civil and Criminal, cognizable by any of the Courts or Judicatures within the faid Province. And for the more equal and impartial Diftribution ofjuftice, be it fur- ther ordained and declared by. the Authority aforefaid, that in all Civil Caules or Adlions between Britifh-born Subjedts and Britifh-born Subjedts, the Juries in fuch Caufes or Adions arc to, be compofed of Britifh-born Subjedts only ; and that in all Caufes or Adtions between Canadians and Canadians, -the Juries are to be compofed oT Canadians only; and that in all Caufes . .or il m or Adlions between Bcitiftv-born Subjefts and Canadians, the Juries are to ibe compofed of an equal Number of each, if it be required by eitlier of ithe Parties in any of the. above- mentioned Inftances. i:: ». And be it fi.rt1ier ordained and declared by the Authority aforcfaid, that His Majefty's Canadian Subjefts fljall and are hereby permitted and allowed to pradtife as Barrifters, Advocates, Attornies, and '•roftors, in all or any ofthc Courts within the faid Province, under fuch Regulations uk Ihall 'be prefcribed by the faid Courts relpeftivcK for Perfons, in general under thofe Defcriptions. And be it flirther ordained and declared by die Authority aforefaid, tliat this Ordinance ihall continue in force until His Majefty's Pleafurc be fur- ther known herein j and that fo much of the faid Ordinance of the faid 17th of September 1764 as is not hereby altered and changed, fliall and is hereby declared to be temporary only. Given by the Honourable Paulus ^mifius Irving, Efquire, Prefident of His Majefty's Council, Commander in Chief of this Province, and Lieutenant Colonel of His Majefty's Army, at the Caftle of St. Lewis, in the City of Quebec, this i ft Day of July, in the Sixth Tear of His Majefty's Reign, and in the Year of Our Lord 1766. (Signed) P. ^ M I s IRVING. '5 , ri< » .- \. 'By Order of the Commandor in Chief of the Province. (Counts') J AS POTTS, D. C. C. 'i i.^ «. (Counts") J A * P O T T S, D. C. C. II: itf (COPY.) N' 35- An ORDINANCE for ratifying and confirnning the Decrees .. of the feveral Courts of Juftice eftablilhed in the Diftridts of , .. Quebec, Montreal, and Trois Rivieres, prior fo the EftabliHi- ., ment of Civil Government throughout this Province, upon the loth Day of Auguft 17 '<4} By his Excellency James Murray, Efquire, Captain General, &c. &c. &c. In Council, this aoth Day of September, in the Fourth Year cf Hij. Majefty's Reign, Annoque Domini ".. r' i,v''. 1764. ■^ HERE AS upon the Conqucft of this Country His Majefty's Commander in Chief of the Forces in America did order and diredk Juftice to be adminifl:ered to the Inhabitants thereof by Courts eftabliflied £>r ( «57 ) for that Purpofc in the feveral Governments into which this Province waa at that Time divided, of which His Majcfty, through One of His Secre- taries of State, was pleafed to fignify His Royal Approbation, and to com- mand the fame to lubfiil and continue until Civil Government could with Propriety be fettled therein j and, in order to fatisfy any Doubts which might arife with regard to the Decifions of the faid Courts, and as far as may be to prevent all vexatious Law Suits which might at nrefent or hereafter arife therefrom, his Excellency the Governor, by and with the Advice, Confent, and AfTiftance of His Majefty's Council, and by virtue of the Power and Authority to him given by His Majefty's Letters Patent, under the Great Seal of Great Britain, hath thought fit to ordain and de- clare, and his faid Excellency, by and with the Advice, Content, and Af- fiftance aforefaid, doth hereby ordain and declare, that from the 8th Day of September, in the Year 1760, Date of the Capitulation of Montreal, until the loth Day of Auguft laft, from wiiich Tunc Civil Government took Place throughout this Province, all Orders, Judgments, or Decrees of the Military Council of Quebec, and of all other Courts of Juftice in faid Government, or in thofe of Montreal and Trois Rivieres, do ftand approved, ratified, and confirmed, and {hall have their full Force and Effedt, except in fuch Cafes where the Value in Difputc exceeded the Sum of £,. 300 Sterling, when either Party may appeal to His Majefty's Go- vernor and Council of die Province, provided fuch Appeal be lodged with the Clerk or Deputy Clerk of His Mjyefty's Council of Quebec, within Two Months after the Publication hereof, and fufficient Security is given by tlie Appellant to pay all fuch Cofts and Charges as fhall be awarded thereon if the Decree is affirmed; and from the Governor and Council an Appeal lies to the King and Council, where the Value in Difpute amounted to the Sum of £,. 500 Sterling or upwards, the Appellant giving fufficient Security as aforefaid, if the Decree is affirmed. And it is hereby further ordained and declared, that if before the Publi- catir T of the prefent Ordinance, and fince the Eftablilhment of Civil Go- vernment throughout the Province, any Perfon has been arrefted, or Procefs ifllied upon any Matter already tried before any of the Courts aforefaid, in the feveral Governments of Quebec, Montreal, and Trois Rivieres, before the loth Day of Auguft laft, the Pcrlbn fo arrefted, or againft wiiom fuch Procefs has been ifllied, fliall lay their Cafe in Writing, by VV^y of Petition, before his Excellency and the Council, together with an attefted Copy or Copies of fuch Decree or Decrees, that Examination being had of the fame, if properly founded, the Aftion may be immediately difmiflcd, the Parties nevertnelefs preferving their Right of appealing as aforefaid, where the Value of the Matter fo tried fhall appear to have ex- ceeded the faid Sums of £. 300 Sterling and;^. 500 Sterling. And it is hereby further ordained and declared by the Authority afore- faid, that the Judges, Juftices of the Peace, and other Magiftrates or Civil Officers of this Province, whom it doth or may concern, upon Ap- plication of the feveral Parties, (hall put in Execution all fych Orders, Judgments, or Decrees of the faid Courts, the fame being properly attefted, as have not been already executed, faving to the feveral Parties concerned their Right of Appeal as aforefaid, where the Matter in Difpute exceeded ^ ,'.'■_': • Rr the \\i\ IK t'lt! II * ■' i \ fir k 1) I ' C «S8 ) the above linlited" Sumi of Three hundred Pounds Sterling, and Five hun- dred Pounds Sterling. • •• ^. Given by his Excellency James Murray, Efquire, Captain Ge- ' neral, &c. &c. &c. In Council, at 's^iebec, the 20th Day of • September, Anno Domini 1764, and in the Fourth Year of the Reign of Our Sovereign Lonl George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of tiic Faith, &c. &c. (COPY.) N° 36. An ORDINANCE for amending and explaining an Ordi- nance of his Excellency the Governor and Council of this Province, made the aoth Day of September laft, intituled, *• An Ordinance for ratifying arid confirming the Decrees " of the feveral Courts of Juftice eftablilhcd in the Diftridls " of Quebec, Montreal, and Trois Rivieres, prior to the " Eftablifliment of Civil Government throughout this " Province, upon the loth Day of Auguft 1764 V' and for enlarging the Time for lodging Appeals from the Decrees of fuch Courts therein mentioned. By his Excellency James Murray, Efquire, Captain General and Governor in Chief of the Province . of Quebec, &c. &c. &c. In Council, this i ath ■<• Day of November, in the Fifth Year of His Majefty's . Reign, An. Dom. 1764, . , i 1 ■ . ! i )'■ 1 1 i AT^HEREAS Doubts may arife about the Manner by which Ap- peals by the faid Ordinance direfted to be brought before his Excel- lency the Governor and Council of this Province, or to the King in Coun- cil, may be profecuted, according to the true Intent and Meaning of the faid Ordinance; and alfo as to what Sum, and to whom, the Security therein mentioned for profecuting fuch Appeals ought to be given : For ex- plaining whereof, His Excellency the Governor, by and with the Advice, Confent, and Afliftance of His Majefty's Council of this Province, doth hereby ordain and declare, that ifanyPerfon or Pcrfons (hall think himfelfor themfelves aggrieved by any Order, Judgment, or Decree of the Military Council of Quebec, or 6f any other. Courts of Juftice in the faid Government, or of ihofe \m\ 4 I I ( 159 ) thofe of Montreal or Trois Rivieres, prior to the Eftablifhmcnt of Civil Go- vernment throughout this Province in Auguft lafl, where the Value in Difpiite exceeded the Sum of £,. 300 Sterling, every fuch Fcrfon or Pci fons may, by Petition, appeal to his Excellency the Governor and Council, and to no other Court of Judicature of this Province whatfocvcr, piovidcd that Security be firft given by the Appellant to anfwcr fuch Charges as (hall be awarded in cafe the firft Sentence be affirmed } provided alio, that fuch Appeal be lodged with the Clerk or Deputy Clerk of the Council within the Space of Three Months from the publilhing hereof: And provided always, that if the Matter in Difputc amounted to the Sum o\ /". 500 Sterling, or upwards, every Appellant or Perfon pciltioning as a^>ier4iu (in ca(c fuch Order, Judgment, or Decree of the faid Military Courts fhall thereupon be affirmed) and within 14 Days thereafter, may in like Manner appeal to His Majefty in Council, upon giving good and fuf- ficient Security effedually to profecute the fame, and aniwer the Con- demnation, as alfo to pay fuch Cofts and Damages as Hull be awarded in cafe the Sentence of the Governor or Commander in Chief for thi Time being, and Council, be affirmed. Given by his Excellency James Murray, Efquirc, Captain Ge- neral and Governor in Chief of the Province of Quebec, &c. &c. &c. In Council at Quebec, the lath Day of Novem- • ' ber. Anno Dom. 1764, and in the Fifth Year of the Keign of Our Sovereign Lord George the Third, by the Grace of ,^ God of Great Britain, France, and Ireland, King, Defender of the Faith, &c. &c. ' .71 :v r,l ■I'l. (COPY.) N'' 37. An ORDINANCE for the more elFeftual Adminiftration of " Juftice, and for regulating the Courts of Law in tliis Pro- ,' vince. 'TII^HEREAS it has been found by Experience that the jh -val Prq- Prtambie. vifions contained in an Ordinance, bearing Date the Seventeenth Day of September One thoufand Seven hundred and Sixty-four, and intituled, amongft other Things, " An Ordinance for regulating anil eftablilhing the " Courts of Judicature," by virtue of which certain Powers and Autho- rities are given to the Juftices of the Peace for this Province, as well fepa- rately as colleftively, to hear and determine in Matters of private Pro- perty between Party and Party, inftead of anfwening the good Purpofes for which they were ordained, havd become an intolerable Burthen to the -- Subjeft, and proved the Means of great Difquiet, Vexation, and Opprefllon : It is therefore ordained and declared, by His Excellency the Captain Ge- Amhority of the juf. neral, and Governor in Chief of this Province, by and with the Advice and *'"* '" Matters of \ C" c privatcPi-operty taken I"'*"*-! . '. * « •• .'-.• . , •■ »■■ vOnlent awayi I ' 'll \mf a V. except from fuch at have or may have a Tpecinl ConimKlluit for that Puriiole. Ctaufri in the Ordi- nance uf September 1 764, repealed; ( 160 ) Confcnt of the Council of the fame, That from and after the Day of the Date of the Publication of this Ordinance, all Jurifdidlion, Power, and Authority, in Matters of private Property, belonging to or exercilcd hy any Juftice or Juftices ot the Peace for tliis Province, or any Diftrift, Part, or Member of the fame, except fuch as already have jprocured, or hereafter may procure, a Special Commifllon for that Purpole, under the Hand and Seal of the Governor, or Commander in Chief for the Time being, fliall be clearly annulled, taken away, and determined j and that from and after the Day of the Date of the Publication aforefaid no J uftice or Juftices of the Peace, except as before excepted, fhall have any Power or Authority to hear, examine, or determine any Matter of private Property between Patty and Party, or to make, pronounce, or deliver any Judgment, Sentence, Order, and Decree, or to do any judicial Aft what- foever touching the fame. And it is further Ordained and Declared by the Authority aforefaid, That from and after the Day of the Date of the Publication aforefaid the following Claufes or Parts of an Ordinance, bearing Date the Seventeenth Day of September One tlioufand Seven hundred and Sixty- four, and intituled, amongft other Things, " An Ordinance for .«( regu- lating and eftablilhing the Courts of Judicature," fliall be repealed, and the fame are hereby repealed, and abfolutely revoked and made void ; that is to fay, " And whereas it is thought highly neceflary for the Eafe, Convenience, and Happinefs of all His Majefty*s loving Sub- jefts, that Juftices of the Peace fliould be appointed for the refpeftive Diftridts of this Province, with Power of determining Property of fmall Value in a fummary Way ; it is therefore further ordained and declared by the Authority aforefaid, and full Power is hereby given and granted to any One of His Majefty's Juftices of the Peace, within their re^eftive Diftrifts, to hear and finally determine in all Caufes or Matters of Property, not exceeding the Sum of Five Pounds Current Money of Quebec j and to any Two Juftices of the Peace within their relpeftive Diftrifts, to hear and finally determine, in all Caufes or Matters of Pro- perty not exceeding the Sum of Ten Pounds laid Currency ; which De- cifions being widiin, and not exceeding the aforefaid Limitation, fliall not be liable to an Appeal : And alio full Power is by the Authority afore- faid given and granted to any Three of the faid Juftices of the Peace to be a Quorum, widi Power of holding Quarter SeflTions in their re- fpeftive Diftrifts every Three Months, and alfo to hear ai^ determine all Caufes and Matters of Property, which fliall be above the Sum of Ten Pounds, and not exceeding Thirty Pounds, Current Money of Que- bec, with Liberty of Appeal to either Party to the fuperior Court, or all ethers that « Court of King's Bench ;" and all and every other Ordinance or Ordi- nances, and all and every Article, Claufe, or Sentence, in them and every of them, by which aay Jurifdiftion, Power, or Authority, to hear and de- termine in Matters of private Property between Party and Party, is given, limited, and appointed to any Juftice or Juftices of the Peace, for {o much as concerneth the fame, fliall alfo be repealed, and the fame are hereby re- pealed, and abfolutely revoked and made void. Penalty uoon the juf- And it is further Ordained and Declared by the Authority aforefaid, licesforDiiubcdieuce. That from and after the Day of the Date of the Publicition aforefaid, . if but the faid Juftice or Juftices of the Peace is and are hereby further audiorized and required to award Execution upon fuch Judgments alreacfy pronounced and given, and the Provoft Marihal is hereby autho- rized and required to enforce the fame, and alfo to proceed upon fuch Writs of Execution as are already awarded, and not yet returned, and to levy the Debt and Cofts, and make fuch Return to the Juftice or JufHces awarding the fame, as he would Juive done befiSre the Publicatioii of this Ordinance. And whereas the providing an eaiy, plain, and fummary Method of proceeding for the Recovery of Small Debts, with a due Regard at the fame Time to a certain Degree of Solemnity and Deliberadon, which ought ever to accompany the Adminiibation of Public Juftice, very much contributes to promote Induftry, and to fupport and encourage ufeful Credit -, It is therefore Ordained and Declared, by the Authority aforefaid. That from and after the Day of the Date of the Publication aforefaid, all Manner of Diiputes and Differences between Party and Party for any Sum not ex- ceeding Twelve Pounds Currency of this Province, except as is hereinafter excepted, ihall be heard, tried, and ?.djudged before the Judges of the Courts d" Common Picas for the Time being only, who aire hereby au- Sf thorized ror to any Judgment ahvady proMtiKcd, and not executed ; nor to any Writ of Execution already tr> filed, and not returno edi but the fame to he pcifeitcd at if this Or> dinance had not bee* made. PreambletotheClaufe for ertfl I ng a new J u- rildifiion. All Difputts for Sums not exreeding £. ii, to l)c heard before the Jiiilges of the Courts of Common Pleas only, except as after excepted. MA i i)|»? "!■: ( >6» ) I ar, nd m T»icaml'l^t.>:li.CI;ujfe ■Jor (ixiiiJ ;ii> C(.iirt • t" Civinuoii Picas at Moji(r(..il. Coiiit rf Cniiiivon Fleas at Mimical CMiirtvuctt an ill 'c pji.i'iiit Court, wiiii Of,j;iiial Junl'itiviioi), tlioi'ized and required to take Cognizance thereof, and the faoie to !i adjudgf, and finally determine as to them fliall letm jiilt in La^^' Kqnity J any Ordinance or Ordinances, or any Claufe, iVldCtcr, orlhing, in them or any of them contained, to the contrary hereof in anywife not- v.'itlifiandinfi;. And v/iiereas fome Inconveniences have arifen from the prefent Prafticc ■of adjoiirniiig the Court of" Common Pleas from Quebec to Montreal, and from the Want of a fixed, fetded, and ellabliflied Court for the iiearin^ and determining all Matters arifing widiin the Diftridt of Montreal, before Judges fpecirdly appointed f(;r that Diftrict, and conftantly redding within xhc fame ; It is furdier Ordained and Declared, by the Authority aijreiaid, 'i" hat from anil after the Day of the Date of the Publication of this Ordi- nance, the Court of Common Pleas, heretofore held by Adjournment at dif- ferent Days and Times in the Town of Montreal, and confidered and taken to be a Part or Member of the Court of Common Pleas eftabliflied at Quebec, Ihall be, and it is hereby conllituted a Court of Record, with original Jurifdiftion of its own, independent of, and no wife connefted with the Court of Common Pleas eftabliflied at Quebec, which Court of Common Pleas for the Diftrift of Montreal Ihall, for the future, be held be- fore Judges conftantly refiding within the faid Town of Montreal, who Ihall have the fame Power and Authority, and the fame is hereby given and granted to them to hear and determine within the Diftrift of Montreal, and to award Execution, and to do and execute all and every Matter or Thing, touching the Adminiftration of Juftice, in as full and ample a Manner as is now or has at any Time been ufed, praftifed, or done by the Court of le fame Manner Common Pieas eftabliflied at Quebec, in and for the Diftridl of Quebec : pSinQ^beci -^""^ ^^^^ f'O'" *"^ '^^^^ ^^^ ^ay of the Date of the Publication aforefaid ' *' " ■ " ' the faid Court of Common Pleas in the Town of Quebec, and the faid Court of Common Pleas in the Town of Montreal, fliall be taken and adjudged to have each their feparate Jurifdidtions, independent of and unconnedted with each other, diat is to fay, the faid Court of Common Pleas at Que- bec, in and over all Matters and Things arifing within the Diftridt of Que- bec and the Court of Common Pleas at Montreal in and over all Mat- ters and Things arifing within the Diftridt of Montreal. v . Provided always, and it is hereby further Ordained and Declared by the Authority aforefaid, that from and after the Day of the Date of the Publication aforefaid, where any Perfon or Perfons, againft whom Judgment fliall be obtained in either of the faid Courts of Common Pleas, fliall not have any Lands, Goods, or Effcdlsj wherewith to fatisfy the faid Judgrtient, within the Jurifdidlion of that Court wherein fuch Judgment fliaU have been obtained, but fuch Perfon or Perfons ihall have Lands, Goods, or EfFedtsj within the Jurifdidti m of the other Court of Common Pleas, that then and in that Cafe it fliall and may be lawful for the Judge or Judges of the Court of the Diftridt in which fuch Judgment fliall have been obtained to award Execution to the Provoft Marftial of the Diftridt in which fuch Lands, Goods, or EfFedts ftiall be found, who fliall, before he proceeds to do any Thing therein, carry the faid Writ of Execu- tion to One of the Judges of the Court of the Diftridt in which fuch Lands, Goods, or Effedts fhall be found, who is hereby authorized and xequired to indorfe the fame j which Writ of Execution^ being fo-indor&d M •i:i *!• MattPrs ariHrip wiiiiin the DiHii^l of Moiitieal, in til Mf, th mon in all Matters arifing within the Diftria of Quebec. Provifo, that both iWi f- i^ I fi )■ / a' fciif 'I .'« I . M I, f \ ifi w ,v ' Covr ., to lit all llie Vcoi, pv.-tpt Sunday, and o'licr 'I'iiiiei ct' Va- i..ar!on» without Reg;ti<) to Terms, as .ij)|ioiiiteJ liy the OrdiiiaiKL- of bepteinbei 1764., or any other OrJi- nanccs; ail which, as far as they relstfe to the Sitting of the laid Courts, ate repealed. The Judges to fit One Day in every Week at thair Difcretion, tor Matters above and on every Friday, except in Vacation, for Matteri not ex- ceeding £.1*. One Judge fuffieient in Matters not ex< ceedine £. i», the other having a rea- ibnable Caule of Ab« reiice. ( 164 ) t give more fpcedy and cfFcftual Relief in' all Cafes, as well where the Mat- ter or Thing in Demand Ihall exceed the Stun of Twelve Pounds, and where it falls Ihort of or is equal to it; it is further Ordained and Declared, by the Authority aforefaid, That from and after the Day of the Date of the Publication of this Ordinance, the faid Courts of Common Pleas, as well at Quebec as at Montreal, Ihall be conftantly open to the Suitor, and ihey are hereby required to be kept open at all Times throughout the Year, except on Sundays, and Three Weeks at Seed Time, a Month at I larvell, and a Fortnight at Chriftmas and E.ail:cr, and except during fuch Vacation as Ihall be from Time to Time appointed by the Judges for making their refpeclivc Circuits throughout the Province, Twice in every Year; and the J udges of the laid Courts are hereby authorized and re- quired to ilUie thtrir Procefs, and r,o do and execute all and every other Matter or Thing touching the Adminiftration of Juftice, without Regard to I'erms or any dated Periods of Time, as limited and appointed by the Ordinance of September One thoufand Seven iiundred and Sixty-four, or any other Ordinance, Cuftom, or Ufage whatfoever, all and every of which Ordinance or Ordinances, fo far as they relate to the Sitting of the faid Courts, or prefcribe any I.imitations of Time for that Purpofe, are hereby annulled, revoked, and made void, in as full and ample a Manner as if they were herein particularly enumerated and fet forth. Provided always, and it is further Ordained and Declared by the Au- thority aforefaid. That the Judges of the faid Courts of Common Pleas, as well in Quebec as Montreal, fliall appoint One Day in every Week (except Sunday, or in fuch Vacations as arorefaid) at their Difcretion, for the hearing and determining all Matters wherein die Caufe of A£bion (hall exceed the Sum of Twelve Pounds, which Day fhall be declared at the fifing of the Court on the Court Day next preceding; and no Adjourn- ment of the Court fhall be made for any longer Time dian One Week, upon any Pretence or Ground whatfoever. Provided alfo. That Friday in every Week, except it be in fuch Vacation as aforefaid, Ihall be always a Court Day, as well in the Town of Que- bec as Montreal, for the hearing and determining all Matter&.iirherein the Caufe of Action (ball not exceed the Sum of Twelve Pounds as aforefaid; on which Day One of the Judges of the faid Courts of Common Pleas Ihall attend, as well at Quebec as at Montreal, for the Diipatch of Bu- finefs, who is hereby authorized and required to proceed to hear and de- termine all Matters where the Caufe of Aftion Ihall not exceed the Sum of Twelve Pounds, in the Abfence of the other judge, fuch Judge being prevented from attending by Sicknefs, or any other lawful and reafonable Caufe of Excufe; and every Judgment, Sentence, Order, or Decree, "given, made, or pronounced, and every Writ of Execution, awarded by fuch Judge, in Matters where the Caufi; of Aftion fhall not exceed the Sum of Twelve Pounds as aforefaid, fhall be in all Refpefts as binding arid vallid as if 1)0th i!he Judges of the laid Court had been prefent, and concurred in giving, making, or pronouncing fuch Judgment, or in awarding fuch Writ of Ekecvition, - And, to the. Intent that this Part of the Jurifdidion of the fkid Courts of Common Pleas, which attaches upon Matters where the Value of the Thing I- W(,,i6s ) Thing in, Demand does not exceed the Sum . of Twelve Pounds, and the Manner and Form of proceeding therein may be clearly comprehended, fo as to enable the Party, either by himfelf or his Agent, to profccute his own Means of Redrefs with Difpatch, Certainty, and Moderation in Point of Expencc ; It is funher Ordained and Declared, by the Authority No Procefs to iffue aforefaid. That from and after the Day of the Date of the Publication afore- ^^J'".'[, ^"y pill^^.x faid, in all Matters where the Caufe of Aftion Ihall not exceed the Sum of iias filed hUDeclara- Twelve Pounds Currency, no Procefs whatfoever Ihall iflue againft any ''<"»• Defendant or Defendants, until the Plaintiff or Plaintiffs, or his, her, or their Agent or Agents, fhall have firft produced and left with, or, being unable to write or read, fliall have firft procured, from the Clerk of the Court in which fuch Aftion is intended to be brought, who is hereby or- dered and required to make out the fame, a Declaration either in the Englifh or French Language, according to the following Form : __Quebec, Montreal .} Day of A. B. Plaintiff. C. D. Defendant. m. '^ Form of Declaration. The Plaintiff demands of the Defendant the Sum of due to the Plaintiff from the Defendant, for faid Sum, though often demanded, ftill remains duej Plaintiff demands Judgment. "f*-4: which therefore the Which Declaration, being fo produced to and left with, or fo as aforefaid made out by the Clerk of the Court in which fuch Aftion is intended to be Manner of taking o«t brought, Ihall be filed by the faid Clerk with the other Records of the '''* *"'»""»"»• Court, and the faid Clerk ftiall immediately make out an attefted Copy thereof, and upon the Back of fuch Copy indorfe a Summons, to which ne fhall procure the Name of One of the Judges of the faid Court to be fet, and attefting the fame, commanding the Defendant either to pay the Debt and Cofts to the Plain- tiff, or dfe to appear upon fome fubfequent Court Day, according to the Difcretion of the Judge who figns the fame. Regard being had to theDiftance ^, .; of the Defendant's Place of Refidence, and the Means of Communication therewith, which Summons ihall be in the foUp>ving Form : Form of the Sum- mons. To C. D. the Defendant in this A Aion. You are hereby commanded and required to pay to the Plaintiff the within named Sum of together with Cofts, or clfe to be and appear, either in^|*erIon or by your Agent, before me, at the Court Houfe of the Town of j^^tr'ai, together with your Witneffes, if any you have, on Day of on which Day the Matter of Complaint againft you, as contained in the within De- claration, will: be heard and finally determined, otherwifc Judgment , win be given againft you, by Default in this Aftion. E. F. Judge of tlie Court of Common Pleas. And this attefled Copy of the Declaration, together with the Writ of F>;e8 for the fame. Summons, indorfed and figned as aforefaid (for all which the Clerk of the T c faid ! :hii V7 r^ it 1 i I M.inner af the fame. feirlng Manner in which it (hall be attelted by the Bailiff. Form of Atteftation of the Sei vice. Shall be delivere'l to the PlainiifF, if perfo- niilly deinandeil. Fee of One Shilling to the Bailiff ; to be allowed in Cofts, otherwife to be re- turned by the BaililF, who (hall be allowed the Charges. Deferdnnt not ap- pearing after Service iif the DrcUration and SutnmoDS, Caufe to be heard on the Part of the Plain- tiir only. ( i66 ) faid Court (hall receive from the Plaintiff the Sum of Six Pence, and no more where the original Declaration (hall be produced and delivered to him, and the Sum of One Shilling, and no more, where he (hall make out the original Declaration himfelf, at the Requeft of the Party) (hall be deli- vered to the Plaintiff or Plaintiffs, or his, her, or their Agent or Agents, who (ha'l convey, or caufe the fame to be conveyed, to One of the Bailitfi of the Pari(h in which fuch Defendant refides, who is hereby authorized and required to ferve the fame upon the Defendant perfonally, if he can be found, or otherwife upon his Wife, Son, Daughter, Servant, or fome other grown Perfon, at his the faid Defendant's Dwelling Houfe, or ufual Place of Abode, and at the fame Time to (hew him, her, or them, the attefted Copy of the Declaration, together with the Writ of Summons an- nexed, ufider the Hand of the Judge iflTuing the fame, and to acquaint him, her, or them, with the Contents thereof, and to leave a Copy of the fame at the faid Houfe ; and the Bailiff ferving fuch Procefs as aforefaid, is hereby further authorized and required to atteft the faid Service at the Foot of the faid Writ of Summons, together with the Day and Time of ferving the fame, according to the following Form : I. G. H. Bailiff of the Parilh of did on Day of Perfonally ferve the within-named Defendant with tlie Copy of the Declaration, and Writ of Summons annexed, by (hewing him the fame, and acquainting him with the Contents thereof, and by leaving a Copy of the fame at his Houfe, with tlie of the faid Defendant, fuch being of the Age of or thereabouts. And this Copy of the Declaration, with the Writ of Summons annexed, and the Certificate of the Service fo made by the Bailiff, (hall be delivered by him to the Plaintiff, if thereto perfonally re- quired by the Plaintiff himfelf, who (hall pay the Bailiff, for the Service and Atteftation as aforefaid, the Sum of One Shilling, and no more, which Sum of One Shilling, together with the Charges of iffuing and re- turning the faid Procefs, (hall be allowed him in his Cofts, in cafe he (hall ob- tain Judgment againft the faid Defendant in the A£tion ; but in cafe the faid Plaintiff (hall not perfonally demand the Cuftody of the faid Procefs, after fuch Service and Atteftation as aforefaid, that then the Bailiff fo ferving and attefting the fame fhall forthwith return the fame to the Court of Common Pleas from whence fuch Procefs i(rued, who (hall direft the Cofts of re- turning the fame, together with the Fee of One Shilling for the Service and Atteftation thereof^ to be paid to the faid Bailiff" by the Defendant,, if he (hall be condemned in the Suit, or by the Plaintiff, if he (hall difcon- tinue the Aftion, or otherwife fail in the Proof pf the Matter contained in his Declaration. And it is further Ordained and Declared, by the Authority aforefaid. That if any Defendant, after having been duly fummoned as aforefaid, (hall refufe to pay the (aid Debt and Cofts, and (hall not appear, either by him- felf or Agent, before the Court, at the Time and Place mentioned in the faid Writ of Summons, it (hall and may be lawful for the Judge orjudges of the (aid Court, upon View of the Certificate of the faid Bailiff as aforefaid, or other due Proof of the Service of the faid Writ of Summons in Manner aforefaid, to hear the Caufe on the Part of the Plaintiff or Plaintiffs only, and given Thing tl ( i67 ) Exccdtion not to be awardeit, till the Court Diy next after giving Judgment, except the Defen- dant is about tu leave the DiArifl; and to make fuch Order, Decree, or Judgment, and to award fuch reafon- able Cofts of Suit, as to him or them fliall fecm moft agreeable to Equity and good Confcience : And if upon the Day of the Return of fuch Writ, or on fuch other Day as (hall be fpecially appointed by the Court for the hearing of the Caufe, the Defendant fo fummoned as aforefaid Ihall appear, cither by himfelf or his Agent, and the Plaintiff Ihall not appear, either Pi iintiff not appear- by himfelf or his Agent, or appearing fliall not profecute, or profecuting n"ot"'^'I^ol'"i'iim '""''. (hall fail in the Proof of the Matter contained in his Declaration, that then «aiiing''[nProj'"|fthi upon due Proof that fuch Defendant was ferved with fuch Procefs, it (hall ^*'*^» and may be lawful for the Judge or Judges of the laid Court to difmifs the faid Defendant, and decree and award him fuch Cofts as in his or their Defendant ftiieD>.fen- dant'i Goods. '•(^.i Oilifi Diicflioiis toucliiiig tlic Sale. If Dcfrndant'a Goods ami Cliatui . not fiif- ficit-nt to latisfy the Kxecution, fiailifr tn enqniie of his Lnnds, and to return tlie Quantity and Con- dition of them, wliether Arable or (iral's Land til'mily leleivcd for Hay i If any fuel), the Court to ilVue another Writ, ilireaing the Bailiff tu enter upon the Lands at the Time of reaping or niqwing, and to fet apnrt fu much a$ will be fuf- iicient to fatisfy the Dcht and Colls ; and to fell the Ihine upon the L.ind, re- turning the Over- plus. Penalty for obftnift- inr the BailitF in the Execution of his Writ. Juilges impowered to order the Dibt to be levied by InitallmentSi ( i68 ) highcfl: Bidder, and for. the mcfl: Money he can get, tilj he (hall have railed llifficient to difcharge the Whole of the fuid Writ of Execution, after which, if any Goods remain in Execution, the fame lliall be immediately reftored to the Defendant ; and in cafe the Defendant or Defendants, againll whoni fuch Writ of Execution as aforefaid Ihall be awarded, Ihall not have Goods or Chattels fufficient to fatisfy the liiid Writ of Execution, cither in the Whole or in Part, that then the Bailitf, or other Perfon as aforefaid authorized, fliall enquire whether the faid Defendant or Defendants hath or have any Lands in his or their Poflefllon or Occupation, or in the Hands of any other Perfon in Trufl: for him or them, lying within the Parilh where in fuch Defendant or Defendants (hall refide, or elfewhere within tlie Jurif- ditSion of the Court from whence fuch Writ of Execution {hall be awarded ; and if the faid Bailiff, or other Perfon fo as aforefaid authorized; fliall be fully informed and fatisfied that fuch Defendant or Defendants hath or have any Lands as aforefaid, fuch Bai-lifF, or other Perfon fo as aforefaid authorized, is hereby required to make Return thereof upon the Back of the Writ, fpecifjringthe Extent and Quality of the fame, and particularly if any Part thereof^ be Land ufually fowed with Corn, or Meadow Land referved for Hay, and upon fuch Return it Ihall and may be lawful for the Judge or Judges of the Court from whence fuch Writ iffued, to ifTue another Writ to the Bailiff of the Parifh in which fuch Lands lie, or to fome other difcreet Perfon, refiding in or near the fame, commanding him to enter upon fucJi Arable or Meadow Land belonging to fuch Defendant or Defendants, at the proper Seafon immediately after the reaping or mowing the fume, and before any Part of the Produce thereof fhall be removed and carried off, and of fuch Produce, whether of Corn or Hay, to fet apart fo much as in his Difcretion he fhall think fufficient to difcharge the Whole of the Writ fo to him diredled, and the fame to fell upon the Land for the moft Money tiiat he can get, leaving the Overplus, if any there be, upon the Land, for the U.fe of the Defendant or Defendants. And it is further Ordained and Declared by the Authority aforefaid, riiat if any Defendant or Defendants, or any Perlbn or Perfbns by his or their Diredion, after Notice to him or them of the coming of fuch JBkiliff or other Perfon as aforefaid upon the Land (which Notice he is hereby required to give) fhall make any Refiftance, or prevent his coming upon the Land to execute the Writ, or otherwife difturb him in the Execution of it, or Ihall remove or carry away all or any of the Parcels of Corn or Hay, fo as afore- faid fet off, without having fiirft fatisfied the Whole of the faid Writ of Exe- cution, he or they fo offending fhall pay and forfeit, over and above the Sum fb commanded to be levied, the Sum of Ten Pounds Currency of this Province, to be recovered in a fummary Way, before One of the Judges of the Court iffuing the faid Writ of Execution, by the Perfon againft whom fuch Offence fhall have been committed, or any other Perfon who Ihall Tue for the fame. Provided alfo, and it is hereby further Ordained and Declared by the Authority aforefaid. That it fhall and may be lawful for any Judge or Judges iffuing any Writ of Execution in Matters where the Caufe of AtSlion fhall not exceed the Sum of Twelve Pounds as aforefaid, upon due Proof before him or them made of the diftrelTed Circumftances of the Defendant or. De- 'i-j ;- ■" r " fendants ( i69 ) fcndants in the AAion to indorfe upon the fame his or their Order to the Bailiff, or other Perfon as aforefaid, commanding him to levy and raife the fame by Inftallments, in fuch Proportions, and at fuch Days and Times, as to him or them Ihall fccm meet. Provided neverthclefs, That the Whole of the Time fo allowed and given fliall not exceed the Space of Tlircc Months from the Day of t!ie Date of the ifliiing fuch Writ of Execution; and provided alfo, that if it fliall appear, upon due Proof thereof made before fuch Judge or Judges ifliiing fuch lixe- cution as aforefaid, that the Defendant or Defendants hath or have, at any Time after the Service of the Declaration and Writ of Summons as afore- faid, conveyed away or fecreted all or any Part of his or their Goods or EflTefts, in order to defeat tb^^ Plaintifl^ or Plaintifts of his, her, or their De- mand, that then and in fuch Cafe it fliall may be lawful to and for the faid Judge or Judges immediately to award a Writ of Execution againfl: the Body or Bodies of the faid Defendant or Defendants, direded to the BailifF or other Perfon as aforefaid, commanding him to arrell the faid Defendant or Defendants, and him or them to convey to the common Gaol of the Difljift, tiiere to remain till fuch Debt and Cofts be ftjlly fadified, or other Order be made by the faid Court for his or their Deliverance. And whereas it may be of dill further Utility and Convenience, and the Means of extending the Benefit of thefe Regulations more generally through- out the Province, to confl:itute and appoint other Jurifdidlions, by which Dif- putes of a fliill inferior Nature may be terminated, as well in the Towns of Quebec and Montreal, as in other Parts of the Province remote from the Courts of Juftice ; It is further Ordained and Declared by the Authority aforefaid. That it fliall and may be lawful to and' for any Perfon or Per- fons, as well within the Towns of Quebec and Montreal, as in other re- mote Parts of the Province, being thereto fpecially appointed by Com- mifllon under the Hand and Seal of the Governor or Commander in Chief for the Time being, to hear and determine, and alfo to award Execution in all Caufes where the Matter in Quefl:ion fliall not exceed tlie Sum of Three Pounds Current Money of this Province, fo as the Title of Lands be not drawn inQueftion in any fuch Proceedings, in as full and ample Manner as any Judge or Judges of either of the Courts of Common Pleas are hereby authorized and impowered to do in Matters where the Caufe of Action fliall not exceed the Sum of Twelve Pounds ^s aforefaid, any Thing to the contrary hereof in this Ordinance notwitlifl:anding ; and the Perfon or Perfons fo as aforefaid appointed by Commiflicn, as well in the Towrs of Quebec and Montreal, as clfewhere within the Province, are hereby authorized and comrcanded, in the Execution of the Powers to ihem en- trufl:ed, of hearing, determining, and av/arding as aforefaid, to keep and obferve ail the Rules and Regulations herein prefcribed, limited, and di- reiled, to the Judge or Judges of the Courts of Common Pleas, in the Exercife of their Jurifdidion, in Matters where the Caufe of Adion fliall not exceed the Sum of Twelve Pounds, and to conform to the i>.me, boih in their Judgments and Procefs, as fully and perfedl/ as if the flmie were herein particularly again fet forth at large and enjoined; and all Bailiffs of . Pariflies, or other Perfons to whom any Writs of Summons, Warrants of Execution, or any other Proccfs whatlbever, in Matters where the Caufe , Uu of (o as the wlioJrTim* does not txcerd I'liri'S Miinilii frimi the Tiinr of .iW'iriliiig the Wiitof Execu. tion. If DcfenH.MU convr/ aw.iv or (eirr'c* hit E/refls, Court may award x Writ ot C»- piat .1(1 SatKittcicii- duin. PreamhlB to itie Cl.iufe for cmpowcN ing Jufticei to drtvr-* mine Matteri to tho Value oi 1^. J. Their Authority ««. I'er Special Comntif flan. Titles of Landi not to be Hiawn in Qm^C'. tion in their Prottcil- ings. Perfons fo atiihorixcd by Coiniiiid on ii)«l)- iervc the faiiw l''u(inii ill tlieir Hiocccilinj;* as ihe Jiiilfjfb (4 liie Coui ts (.f Cdihiucii Pit-as ill C:iiiles not exceeding/;, n. Bailiff.- snfl oflifr Perlons iiqiiiu'il to pay line Ohciii; tk< to their Pioccls. c '(> II I I ;,•„ I s»-': i i I i' '!■ mj I r:' 'Ma i Not to fit on liny Fri- il.iy.but oniomeutlier Day in CVC17 Week. ( 170 ) of Aftion fliall not exceed the Sum of Three Poundi as aforcfaid, Ihall be diredted by any Perfon or Perfons fo appointed as aforcfaid, are hereby authorized and required to pay due Obedience to the fame, and caufe the lame to be executed, and Returns thereof to be made to the Perfon or Perfons fo appointed, ifluing the fame, as they would do or make to any Judge or Judges of the Courts of Common Pleas, if fuch Procefs ha J iOiied from him or them 5 provided that fuch Perfon or Pcifons as (hall be appointed for this Purpok* within the Towns of Qjebcc and Montreal (hall not fit or hold any Court for the hearing and determining Matters within their JurifdidVion on any Friday, but on fome other Day in every Week, according to their Difcrction, other than Fiiday, or in fuch Vaca- tion as aforefaiJ. And \nliereas great und manifold Inconveniences and Lofles have arifen to the Proprietors of Real Eftatej in this Province, by having their Houfcs and Lands taken in Execution and expofcd to Sale for the Payment of fmall Debts, and alfo from the hafty and informal Method of fetting the fame to Sale, even in Cafes where the Extent of the Judgment will admit of no other SatiifaC^ion ; It is further Ordained and Declared by the Authority aforcfaid. That from and after the Day of the Date of the Publication of this Ordinance, no Procefs whatfoever fhall be awarded f*r the Sale of any Houfe or Houfes, Land or Lands, Tenement or Tenements, upon any Judgment or Judgments, where the original Caufe of Adtioii Ihall not exceed the Sum of Twelve Pounds Current Money of this Province ; and that from and after the Day of the Date of the Publication afoicl'iid, no Houfes, Lands, or Tenements, taken in Execution upon any Judgment or Judgments obtained in His Majefty's Supreme Couit cf Judicature for this Province, or upon any Judgment or Judgments obtained out of the Courts of Common Pleas in Quebec or Montreal, fhall be extended or fold by the Provoft Marflial, or any Perfon whatfoever, unlefs tlie Perfonal Property of the Defendant or Defendants in the Aftion Ihall be found in- fufficient. pir.ai<.n to the p.o- And it is flirther Ordained and Declared by the Authority aforefiid. That in;: i)ie bale vuLi] upon thc ifluing of any Writ of Execution fur the Sale of any Houfes or Fitatcs. Lands, or fo loon after as may be, the Provoft Marfhal of the Diftridl in which fuch Hdufes or Lands Ihall lie or be Ihall caufe the fame to be ad- vertiled in the Quebec Gazette, both in the Eng'ilh and Fiench, and therein fet forth, as near as may be, the Quantity and Condition of fuch Houfes and Lands, together with the Terms and the Day of Sale, which Day of Sale Ihall not be till Six Months after fucli Publication, and at the fame Time, or i'o fcon after as conveniently may be, he fhall alfo caule a true Copy of the fald Advertifement, both in Englifli and French, to be fent to Btiiff'o piiblifli the the Head Bailiff of the Parilh whcie fuch Houfes or Lands fliall lie or be, who i^ hereby ordered and required to fix the fame upon the Door of fuch Parilh Chui ch, and to re-place the fame, fo often as it fhall be removed, de- faced, or rendered illegible by Time or Accident, and alfo to publilh and declare the Contents thereof every Sunday at the Door of the faid Church immediately after Divine Service, both in the Morning and Afternoon, that the fame may be fully known and , underftood by tlie Inhabitants thereof, for which the laid Bailiff fhall receive, out of the Produce arifing from the ■■ • i ^ - . / 4-. * Sale, Preamble to the C'laulc- for :\lteiing tlie prelent Methoil of ftlliiig Real I'rupcity under Exccutioa. No Execution »|;»iii(l Houlcii or LMiilt, where the Cuiic of Ail:tinn docs iiut t\- cecd /|. 12. Nor any Kotifi" or LaiMl to be laid btit ill Dctaiiltuf Pcrlonal Property. Notice. N - SnV till Six Nlonihs afta Notice Sale jli'u. (■i7' ) Sale, the Sum of One Spanifti Dollar, to be paid by the Provoft Marflial, F^ei of the Bailiff f«r and allowed in his Accounts. • '"''' Pubucion. Provided always, and it is hereby, and by the Authority aforefaid, fut thpf Ordained and Declared, That from ant! after the Day of the Date of the Publi- cation aforcHiid all Houfes and Lands agaii)ft which any Writ or Writs of Ex- ecution ftiall be awarded for the Sale of the fame, (hall be taken to be, and they are hereby, and by the Authority afjrefaid, declared to be obliged and bound in Law to pay and fatisfy all and every Judgment or Judgments, wliich lliall and may be obtained againll the Owners and Proprietors thereof, fiom the Day on which fuch Judgment or J udgments Ihall be pronounced or given ; and that no Mortgage, Sale, or AfTignment, or any Deed of Conveyance, or any Difpofition without Deed whatfoever, howfoever, or to whomioever, made after the Day on which fuch Judgment or Judgments lliall be pro- nounced or given as aforefaid, (hall defeat, avoid, lufpend, or delay the Force and Operation of fuch Judgment or Judgments -, but all and every fuch Mortgage, Sale, AfTignment, Deed, and Difpofition, Ihall be taken to be, and all and every of them are and is hereby declared to b. fraudulent, as againft the faid Judgment Creditor or Creditors, and to lia ^e no Vali- dity, Power, Operation, or Effed whatfoever, to the Prejudice of fuch Judgment Creditor or Creditors. And laftly, it is further Ordained and Declared by the Authority afore- faid, That all Judges and other Perfons authorized to adminifter Juf- tice, iflliing any Writ of Execution, as well where the Caufe of Aftion Ihall exceed the Sum of Twelve Pounds as aforefaid, as where it falls fliorc of, or is equal to that Sum, (hall and they are hereby authorized and re- quired to mark upon fuch Writ of Execution the Day on which Judgment was given in the Caufe, and if Two or more Writs of Execution (hall be ifllied upon Judgment given the fame Day, againft the fame Defendant or Defendants, and fo marked uj)on the Writs, foch Executions (hall have the fame Privilege, and be fatisfitd in the f ime Proportions, and the Provolt Marlhal, Bailiff, or other Perlbn, to whom fuch Writs of Execution (hall be awarded, receiving the fame, is hereby authorized and commanded, after the Sale of the Whole of fuch Defendant or Defendants Real and Perlbnal Eftate, where the faid Writs (hall be awarded againft both, in cafe the fame (hould not be fufficient to farisfy the Whole of the faid Judgments, to pay over and divide the Neat Produce of fuch Sale or Sales, after deducing his ownCofts and Charges, amongft the feveral Plaintiffs, in Proportion to the Amount of their refpeftive Judgments. (Signed) GUY CARLETON. Given by his Excellency Guy Carleton, Captain General and Governor . ; in Chief in and over the Province (,f Qiiebec, Vice Admiral of the fame, and Brigadier General of His Majefty's Forces, &c. &c. in Council at the Caftle of St. Lewis, in the City of Quebec, in the faid Province, and pa(red under the Great Seal of the faid Province on the Firft Day ot Febiuiry, in the fenth Year of His Majefty's Reign, and in the Year of Our Lord One thoufand Seven^hundred and Seventy. . , By his Excellency's Command, , . (Signed) GEO. ALLSOPP, D. C. C. All GditeB bound from the Djy of the Judgment i anil no Convryiinc* or Di 1)10111 ion gociil alter ihf Da!(r ot i'ucii Juil|;in<;iit. Judges to mark on the Wilt of Execu- tion tbe Day of figk* ing the Judgment | and in cade of Twa ur more Execution* agalr.lt the faiiie De- fi;iid»nt on the fime Day, tohefatitfieJia equal Propv>rtionia n %\ h ( '72 ) (COPY.) CAP. II. pKiinble. Manner of proceed- ing in A^tiuiis iihove the Value of £. lo Sterling. Cuing out tl • Sum- mon!. Attachmtnl againft the Body where a Dchtor is going to leave the I'rovince. Declaration to accom- pany the Writ. Service thereof. If Defendantdoes not An ORDINANCl', to regulate the Proceedings in tlic Courts of Civil Judicature in die Province of Quebec. tll7HI*'REAS it is ncceffary for the Eafe and Convenience of HisMa- jefty's Subjeds who may have Adions to profccutc in die Courts of Civil judicature cftabliflied in diis Province, that tiic Mode of adminifter- ing Juftice in thefaid Courts fhould be clearly afccrtained, and rendered as plain as poflible ; It is therefore Ordained and Enadlicd by his Excellency the Captain General and Governor in Chief of diis Province, by and witli the Advice and Confent of the Legiflative Council of the fame, I'lut Art. !. In all Cafes or Matters of Property, exceeding the Sum or Value o(£,. lo Sterling, upon a Declaration prefcntedto any One of die Judges (jf the Courts of Common Pleas, by any Pcrfon, fetting forth the Grounds of his Complaint againft a Defendant, and praying an Order to compel him to appear and anfwer thereto, fiicli Judge ftiall be, and hereby is empowered and required in his feparate Diftridt to grant a Writ of Summons in the Language of the Defendant, iffuing forth in His Majefty's Name, tefted and figncdby one of the Judges, and direfted to the Sheriff of die Diftridt, to fummoii the Defendant to appear and anfwer the Plaintiff's Declaration on fome certain future Day, Regard being had to the Diftance of the Defendant's Abode from the Place where the Court fits ; but if the Judges, or any Two of them, are fatisfied, by the Affidavit of the Plaintiff, or ctherwife, that the Defendant is indebted to him, and on die Point of leaving the Province, whereby the Plaintiff' might be deprived of his Remedy againft him ; it ftiall be lawtul for the faid Judges, or any Two of them, to grant an At- tachment againft the Body of fuch Defendant, and hold him to Bail, and for Want of Bail to commit him to Prilbn until the Determination of the ASion againft him : The Declaration ftiall in all Cafes accompany the Writ, and the Plaintiff ftiall not be permitted to amend it until the De- fendant ftiall have anfwered the Matter therein contained, nor afterwards, without paying fuch reafonable Cofts as the Court may afcertain. Art. 2. Copies both of the Writ of Summons, and the Declaration, fliall be fervt;d on the Defendant perfonally, or lefc at hia Houfe with fome grown Perfon there, otherwife the Service ftiall be deemed infufficient. Art. 3. If on the Day of the Return of the Writ of Summons the De- fendant does not appear in Perfon, or by Attorney (Proof of fuch Service being produced or made in Court) the Plaintiff fliall obtain a Default againft the Defendant ; and if on calling over the Adion in the next Weekly Court Day the Defendant ftiould ftill neglefl to appear, without any good Reafon for fuch his Neglcd, the Court, after hearing and receiving ilif- iicicnt Proof of the Plaintiff"'s Demand, fliall caufe tlieir f^inal Judgment to IP ( 173 ) to be entered agninft the Defendant, and (hall award fuch Cofts therettpon JJ^"""* ♦<»»»€». as tlity fhall think rcafonable, and ilVuc Tuch Execution as the Law, ac- "*' * cording to die Nature of the Cafe, may dired. Art. 4. If the Defendant appears at the Return of the Writ of vSummons, if n X X the If tliePirtii-mJlfT-r in llnir Sinii- i,f Vi'\^, Cntirf Ihill ifc.r.Tiiin tli< K.i^W iiectiriiy t* be piovcil. Minfter ofexatnlnmf Wiincllcij lluir Examitiiitiuns cu he. Ukcn duwn m Writ. Eoglifli Kuleiof f vt. (tencet adopted in Commercial Cafei. Of Appeal!. Partjt appealing to ftte oat a VViir, comtnaiiding the Jtidgei to fend up the Kkccrd. Tlie Appellant to file hit R'NdiiPs of Ap- peal iit Eight D3}ii ' !! I. I) ,1 li ( 1-74. ) . . ' '. the faid Rule on the Appellant or his Agent, the Appeal flaall accordingly be difinifTed with Cofts. Aafwcrsin Eight' Art. lo. Within Eight Days after tlie Reafons of Appeal are filed, the . Diys. Appellee Ihall file his Anlwers thereto, or if he ncglefts fo to do the Appel- lant Ihall obtain a Rule or Older, that unlefs the Appellee file his Anfwers within Four Days he will be precluded from filing them after that Period; and if his Anfwers are not filed within Four Days after Service of fuch Rule on the Appellee or his Agent, he fhall accordingly be precluded from filing them, and the Court will proceed to hear the Caufe on the Part of the Appellant, and proceed to Judgment dierein, without die Intervention of the Appellee. The Court, on gooj ^rt. II. The fdld Court of Appeals neverthelefs fliali and may, upon ' ^on"'tl'eTim.^above Application made, and good Caufe fiiewn by eidier of the Pardes (Notice allowed. being given the other) prolong tlie Time allowed for filing eidier the Rea- fons of Appeal or Anfwers thereto; and in cale the Court Ihall not be fitting at tht Time when fuch Reafons or Anfwers ought regularly to be filed, the Party neglefting fhall apply to the Court, at the next Sitting thereof, f.nd fhew h.^ Reafons for fuch his Negleft; and if the Court finds them infuffi- cient, it will, as die Cafe .may be, either difmifs the Appeal, or proceed to hear it without the Intervention of the Appellee, as above direfted. S^y to he fixed for hearing the Caufe. In Fifteen Dnys after Judgment, Execution to iiTue in cnCe the Writ ot Appeal be rot allowed. No Appeal allowed after a Ve»r from the Date ofthe Judg. n:ent. Of Executions. Nature of the Writ of Executions. Ferfonals t« be firft difpofed i)f ; and if infutficientiRealEllate to be fold. Art. 1 2. When the Reafons of Appeal, and Anfwers diereto, are filed, the Court fhall, on the Application of either of the Parties, fix on fuch conve- nient Day for the hearing of the Caufe as to it may feem proper. Art. 13. IF the Writ of Appeal is not allowed by One ofthe Judges of the Court belovi', and a Copy thereof ferved on the Appellee or his Agent, within Fifteen Days after any Judgment given in the Court of Common Pleas, Execution fhall ifTue, and no Appeal fhall be allowed or received from the Court of Common Pleas after the Expiration of One Year from tlie Date of the Judgment of fuch Court. A.rt. 1 4. The Executions fued out from any ©""the Courts of Civil Jurif- diftion fhall be a Writ ifluing in the King's Name, tefted and figned, when ifTuingfrom the Court of Appeals, either by the Governor, Lieutenant Go- vernor, or Chief Juflice, and when ifluing from the Court of Common Pleas, by One ofthe Judges ofthe Court for the Diftiidl in which it is given, di- rected to the Sheriffofthe Diftridl, fetting forth the Judgment of the Court between the Parties, and the Kind of Execution which the Law, according as the Cafe may be, fhall diretfb, whether the fame be to take the Body, or to levy a Sum of Money out of any One's Goods and Chattels, Lands and Tenements, or, to do any fpecial Matter or Thing wliatever j the Date of the Judgment fhall be indorfed on every Writ of Execution, and that In- dorfement figned by the Judge. Art. 1 5. In all Cafes where Executions fhall ifTue agamfl Real and Perfo- nal Eftates, the SherilF fhall firfl difpofe of the Perfonal Property, and if the Proceeds thereof fall fhort of the Amount of the Judgment, the Real Eltate, t)r fo much thereof as will produce the Amount, ihall be fold for that Pwpofe. •''■,. . ■■ .. ■ Alt. 1"^ ( 175 ) Art; 16. Where Moveables Ihall be feized by the Sheriff under an Exe- Mamrer of fd- ■cution, he Ihall caufe the Seizure to be publifhed at the Church Door of ''"S Vtdomiu the Parifli, immediately after Divine Service, on the Firll Sunday fucceeding fuch Seizure, and at the fame Time caulc to be proclaimed the Day and Place when and where he means to proceed to the Sale thereof, provided that the Place of Sale fliall be in the fame Parifh in which the Seizure is made. Art. 17. When Lands and Tenements fhall be feized by the Sheriff under Mannerof fei. a Writ of Execution, he fhall advertife the Sale thereof Three feveral Times '"'^ **"' ^'"'' in the Quebec Gazette, to be on fome certain Day after the Expiration of Four Months from die Date of the Firft Advertifement, and proclaim the faid Sale at the Church Door of the Parilh in which the Premiffcs ?re fituated, immediately after Divine Service, on the Three Sundays next preceding the fame, and caufe a Copy of the faid Advertifement to be fixed on the Door of the Parilli Church. . . > Dgl perty Art. 18. If Two or more Writs of Execution fliall be iffued upon Judg- ments given the fame Day againll the fame Defendant or Defendants, and fo marked on the Writs, fuch Executions fhall have the fame Privilege, and be fadsfied in the fame Proportions, and the Sheriff or otlier Perfon to whom fuch Writs of Execution Ihall be awarded, receiving the fame, is hereby authorized and commanded, after the Sale of the Whole of fuch De- fendant's Real and Perfonal Eftate, where the Writ fhall be awarded againft both, in cafe the fame fhould not be fufficient to fatisfy the Whole of fuch •Judgments, to pay over and divide the Nett Produce of fuch Sale or Sales, after deducing his own Colls and Charges, amongft the feveral Plaintiffs, in Proportion to the Amount of their refpeftive Judgments. Art. 19. On every Execution the Sheriff fhall be allowed all his Dilburie- iments, and fhall be authorized to charge over and above at the Rate of Two and an Half per Centum, to be dedufted out of the Money he levies. .Art. XX. './i^-.-S -. i., Proceedings in Actions under £. 10 Sterling. When Two or more Writs of Execution if- fiie upon Judgments given the fame Day, they are to be fatisfied in the Tame Proportions. Allowaaee t* the Sheriff. m ■ui ^1 I ! r •■> ■1. S • !? i< W ■ y IN Matters either not exceeding or under Ten Pounds Sterling, anylPer- ■ibn having a Right of Aftion againfl another, fhall prepare, or procure from the Clerk of the Court of Common Pleas, a Declaration in the fol- lowing Form, viz. Qufbo ^J Day of,., 17 A. B. Plaintiff. C. D. Dc- -The Plaintiff demands of die Defendant the Sum of which faid Sum, ** fendant.- " due to the Plaintiff from the Defendant, for " though often demanded, ftill remains due, therefore the Plaintiff prays «* Judgment." This Declaration fhall be nled by the Clerk, who fhall make a Copy *r.j*.it T'- ' - ■■ thereof \d- I i\ ( 176 ) i n I.) ir 'rl thereof, and at the foot of fuch Copy write but a Summons in the Language of the Defendant in the following Form -, viz. ^* To C. D. the Defendant in the above A6bion.--You are hereby com- ** manded and required to pay the Plaintiff A. B. the above-mentioned " Sum of together v/ith Cofts, or elfe to atapear " in Perfon, or by your Agent, before .ne, at the Court Houfe in the City of " Qafb"* together with your Witneffes, if you have any, on the ^ Day of when the Matter of Complaint againft you, as af- " certained in the above Declaration, will be heard and finally determined, "** otheiwife Judgment will be given againft you by Default. — E. F. <* Judge of the Court of Common Pleas." This Summons fhall be figned by One of the Judges of the Court, and a Copy thereof) and of the Declaration, ferved on the Defendant perfonaliy, or left at his Dwelling Houfe or ordinary Place of Refidence, with fome grown Perfon there ; and the Perfon ferving the fame (hall inform the Defendant, or fuch gr^wn Perfon, of the Contents thereof. If, at the Time mentioned in the Summons, the Defendant does not appear (Proof of the Service thereof being produced in Court) the- Judges, or any One of them, Ihall hear the Caufe on the Part of the Plaintiff, and make fuch Order, Decree, or Judgment, and award, fuch reafonable Cofts of Suit, a? to them or him fhall appear agreeable to Equity and good Conicicnce ; but if the Defendant does not appear by himielf, or his Agent, and the Plaintiff, or his Agent, does not appear, or appearing does not prol'ecutc, or profecuting, fails in his Adtion, t'.e Judge or Judges fhall difmifs the Defendant with Cofts. If the Plaintiff" makes good his Charge againft the Defendant, the Judge or Judges fhall give Judgment accordingly, and award Cofts and Execution, but the Execution fhall not iflue till the next Court Day after Judgment given ; the Execution Ihali go ag.-'.inft the Moveables only of the Defendant, which fhall be feized by fome Per- fon to be for that Purpofe appointed by the Court, and fold by him in the Manner mentioned in the Sixteenth Article of this Oidinance. But the Execution fhall contain an Exception of the Party's Beafts of the Plough, Implements of Hufbandry, Tools of his Trade, and One Bed and Bedding, unicis his other Goods and Chattels fhould prove infufficient, in which Cafe fjch Beafts of the Plough, Implements- of Hufbandry, and Tools of his Trade, fhall be fold, but not the Bed and Bedding. The Judge or Judges may, if they think proper, order the Debt to be Irvied by Inftall- ments, provided the Time allowed fhall not exceed the Space of Three Months from the Day of ifUiing die Executioru Art. XXL In Matters, as well above as of or under the Value of Ten Pounds Sterling, if the Defendant fhall convey away or fecrete his EIFefts, an Exe- cution fhall go againft his Pcrfoa, to be taken and detained in Prifon until Jdc fatisfies the Judgmicnt. Art. XXIL Eot the Satisfa£tioa of all Judgments given in Cofnitiercial Matters ; iDetween n ^^ iir'r,; ■It i ( 177 ) between Merchants> as well as of all Debts due to Merchants for Goods, Wares, and Merchandizes, by them fold, Execution Ihall ifllie noc only againft the Goods, Chattels, Lands, and Tenenicnts of tiie Dt- fendanr, but alio, in cafe they Ihall not produce the Amount of the Plaintiff's Demand, againft his Perfon, to be taken and conveyed into the Prifoii of the Dif tridt, and there detained until he pays the Amount of tlie Judgment, or otherwife fettles with and fatisfies the Plaintiff: Provided, That if the Defendant, after remaining One Mcntli in Prifon, fliall maivc Application to the Court, and make an Affidavit that he is not worth Ten Pounds, the Plaintiff ihall pay to the Defendent the Sum of Three Shillings and Six Pence Weekly, for his Maintainance as long as he fliall be detained in Prifon at the Suit of the Plaintiff; fucii Payment lliall be made in Advance on Monday in evcy W^'ck, in Failure cf which the Court from whence the Execution ilTucd fliall order the Defendant to be releafed ; but the Plaindff" fhall not be obliged to make fuch Payment if he can prove, to the Satisfaction of the Court by which the Defendant Rands comrhlttcd, that tiie Defendant has fecreted or conveyed away his Effefts to defraud his Creditors. Art. XXIII. When any Perfon againfl whom Judgment fliall be given in any of the Courts cf Common Pleas fliall not have fufficient Goods, Chattels, Lands, or Tenements, to fatisfy fuch Judgment within tiie Jurifdidtion of the Court wherein fuch Judgment fliall have been obtained, but fliaili have Goods, Chattels, Lands, or Tenements within the Jurifdidtion of the other Court of Common Pleas, it fliall be lawful for the Judge or Judges of the Court wherein Judgment fliall have been obtained to award Exe- cution to the Sheriff of me other Dift:ri6t, who, after getting the Writ indorfed by One of the Judges of the Court for the Dlfl:ri6l in which the Goods, Chattels, LaHds, or Tenements are fituated, fliall execute the-fame, and make Return thereof to the Court from whicii it ifllied ; and fueh Writ, and Return fliall be by him fent co the Sheriff of the Difl:ri6t from whenjce the Writ was originally awarded, to be delivered into the Court thatiffued the fame. The Sheriff executing fuch Writ flidl be anfwerable foil his Doings relative thereto before the Court from which it was origi- na,^;y a>Yarded i and the Judges of the Court of Conimon Pleas for the Ope ^ Piflii icl pnjy, in like Manner, award Execution againft the Body of 3) Pcrlun refiding in the other, in Chafes where fuch Execution is by Law avowed; and the Sheriff executing the Writ to him in fiich Cafe direfted Ihall convey the Body, of fucli Perfon into the Prifon of the Difliridt wherein fuch Perfon fliall be arrcfted. 'Art. XXIV. ^ This Ordinance, and tKe feveral Provifions arid Matters therein con- Miiipd, fliall remain InlForce onlycWring the Space of I'wo Years froni the Publication thereof. GUY CARL^TO-N. Orclained and Efi'a fled by the Authority aforefaid, and paffed in CoTOcil under the Great Seal of the Province, at the Council Chamber in the Caftlc of St. Louis, in the City of Y y Quebec, m : I- i { 17-8 ) Quebec, the Twenty-fifth Day of February, if> the Sevcn- temth Year of the Reign of Our Sovcrciun Lord George the Third by the Grace of God of Great Eiitain, France, and Ireland, King, Defender of the Faith, and fo forth, and in the Year of Our Lord One thoufand Seven hundred and Seventy- feven. By his Excellency's Command, WILLIAMS, C. L. C. T J- Preaniblet Divifion of the Pio- «vince into Two Dil- Eftsblininientof a Court of Common Pleas for erch Dif- tri6>i to ill One Day at lead in every Week, in Matteis exceeding £. 10 Sterling, and another Day in Mat- ters of er under that Sum } except in Va- cation Times. fiding in different Parts of this Province, the fame fhall be and hereby is di- vided into Two Diftrifts,.to be called and known by the Names of Quebec and Montreal, which faid Diftrifts Ihall be divided and bouivied by the River Godfroy on the South, and by the Rivsr St. Maurice on the North Side of the River St. Lawrence. Art. 2. A Court of Civil Jurifdiftion, to be called the Court of Com- mon Pleas, fhall be, and hereby is erefted. conftituted, and cftabliflied for each of the faid Diftridts, the One whereof fhall fit at the City of Quebec, and the other at the City of Montreal, at leafl One Day in every Week, for the Decifion of Caufes r which the Value of the Matter in Dilpute fhall exceed Ten Pounds Sterling j and another Day in every Week for the Decifion of Caufes in which the Matter in Difpute fliall be of or under the Value of Ten Pounds Sterlings and fhall fo continue their Sittings throughout the whole Year, excepting Three Weeks at Seed Time, a Month at Harvefl, and a Fortnight at Cftriflmas and Eafter, and except during fuch Vacations as fhall be appointed by the Judges for making their Circuits Twice every, Year through their feparate Diftrids. The faid Courts fhall have full Powers, Jurifdidlion, and Authority, to hear and. determine all Matters of Controverfy relative to Property and Civil Rights, according to the Rules prefcribed by an Aft of Parliament made and pafled in the Fourteenth Year of the Reign of His prefent Majefty, intituled, " An A& for making more effeftual Provifion for the (jovern- ** .ment of the Pxovince of Quebec, in North America j" and fuch Ordi- ■nauces ( 179 ) TwoJudg'snecelTary to innlce a Couit. Their Decilion to be final in Maitei-sunJer yT. 10 Sterling, ex- cept in certain Cafe» : In which excejited Cafes, anc" in Matter* shove tl It Value, Appeal to be t-* tht Governor ami Coun- cil, giving goodS«curity. nances as may hereafter be paffed by the Governor and Lcgiflative Council cff the faid Province. . Art. 3. In Matters above the Value of Ten Pounds Sterling the Prefence of Two Judges Ihall be neceflary to conftitutc a Court of Com- mon Pleas ; the Decifion of which Court fhall be final in all Cafes where the Matter in Difpute (hall not exceed the Value of Ten Pounds Sterling, except in Matters which may relate to taking or demanding any Duty pay- able to His Majefty, or to any Fee of Office, or Annual Rents, or other fuch like Matter or Thing, where the Rights in future may be bound, in which Cafes, and alfo in all Matters that exceed the faid Value of Ten Pounds Sterling, an Appeal (hall lie to the Governor and Council j pro- vided Security be duly given by the Appellant, that he will effedlually pro- fecute the fame, and anfwer the Condemnation ; as alfo pay fuch Cofts and Damages as fhall be awarded, in cafe the Judgment or Sentence of the Court of Common Pleas fhall be affirmed. Art. 4. The Governor and Council are hereby erc^ed and conflituted The Govrmor and a Superior Court of Civil Jurifdidtion (whereof, in the Abfence of the S^Apteakl*' ' ^"""^ Governor and Lieutenant Governor, the Chief J uftice fhall be Prcfident) The Governor, Lieu- for hearing and determining all Appeals from the Inferior Courts of Civil tenant Governor, or Jurifdidlon within the Province, m all Cafes where the Matter in Difpute p^;f£berV,"t<."^ ihall exceed the Sum of Ten Pounds Sterling, or fhall relate to the talking conftitute a Court, or demanding any Duty payable to His Majefty, or to any Fee of Office, or Annual Rents, or other ilich like Matter or Thing, where tlie Rights in future may be bound, though the immediate Sum or Value appealed for be lefs than Ten Pounds Sterling. And any Five Members of the faid Council (the Judges who fhall have given the Judgment appealed from excepted) with die Governor, l-ieutcnartt Governor, or Chiet Jullice, fhall conftitute a Court for that Purpofe, which fhall fit the Firft Monday in eveiy Month throughout the Year, and continue fitting each Month as long as the Bufinefs before it nray require: And the laid Court of Appeals fhall have Power to revife r-iid examine all the Proceedings in tlie Court below, and to correcl all Errors both in Fad and in Law, and to give fuch Judgment as the Court below ought to have given^ and o\'i Jodgmciit to award and ifTue fuch Execution as •■he Law fhall direft. Alt. 5. The Judt^iaent of the faid Court of Appeals fliaU be final in ' all Cafes where the Matter in Difpute fhall not exceed the Value of/'. 500 Sterling; but in all Cafes exceeding that Value an Ap])eal fliall lie to His Majefty in His Privy Council, provided Security be firft duly given by the Appelkv.ic, that he will efleftually profecute liis Appeal, and anfwer the Condemnation, as alfo pay fiich Cofts and Damages as fhall be awarded by His Majefly in His Privy Council, in cafe the Sentence of the faid" Court of Appeals fhall be affirmed. An Appeal fhall likcwife lie to His Majefty in His Privy Council, from the Judgment of the faid Court of Appeals, in all Cafes where the Matter in Queftion fliall relate to the taking or demanding any Duty payable to His Majefty, or to any Fee of Office, or Annual Rents, or any fuch hke Matter or Thing, where the Rights in future may be bound, though the immediate' Sum or Value appealed for -be lefs than £. S^o Sterlings and in all Cafes where Appeal fhall be al- lowed The Judgment of tlie laid Court to be final ill all Mnfuis not ex- creiliTifv the Value of £. 500 Sterling ; Ap • j)t;ils allowed in Mat- ters abcvf that Value to liis MajcUy in Council. Other Cafes in which J* jipi-ii Ihall be al- K'wed 10 His Majefty in Council. *v ' '1 n i ,iM ; 1 1 I 4 ( i8o ) ,r .1 Jtulj^mentii Sen- lencf .-, and Execu* tioM ot tlie Courti of Civil Juriidiftion, ci^ iblifhi'd fince the itt i-f May 177 5, con- til ineJ } luhjtiil 10 an Apppe:il, &c. Appeal from the JuJgmems rilmitced to the Courts of Common Pleas hereby ellabiiflied for rhe If MH'5live ' )iftri£ls, to be proceeded upon to Judgment, as if die fame h"«i , Edabliniment of a Supreme Court of Cri- minal Jullice, to be held be- fore the Chief Juftiee, or Commiflion- ers for execut- ing that Ofhce. TT is Ordained and Enacted by his Excellency the Captain General and Go- vernor in Chief of this Province, by and with the Advice and Confent i )[ T'jvd Com lii.tliorcis lit Wccliiy to C'jptnMi' of Milinn ini- paWtitcl in liieii i.ljiiX- to nfl as Co< I'uiiei s. t 182 ) lowing, to wit, on the Second Tuefdays of the Months of January, April, July, and Odober, in every Year. And Two of the faid Comnniirioners of the Peace fliall fit Weekly in Ro- tation in the Cities of Qoebec and Montreal, for the better Regulation of the Police, and otiier Matters and Things belonging to their Office ; and the Names of the Commiffioncrs who are to fit in each Week fliall be polled up on the Door of the Sefllons Houfc, by the Clerk of the Peace, Two Days before their refpeftive Sittings, Art. III. As tlie great Extent of this Province may render it often imprafticable for the Coroner of the Diftridt to give his Attendance at the different Places wlicre it might be neceffary, the Captains of Militia fl\all be and hereby are empowered, in their rcipeftive Parifhes, when any Marks of Violence appear on any dead Body, to fu mmon together Six reputable Houfeholders of his Parilh, to infpeft the liime ; and he (hall, according to their Opmion, report the Manner and Caufe of fuch Deadi in Writing to the nearefl: CommilTioner of the Peace, that a further Examinadon may be made therein^ if neceflary. Ciiptuins of Militi:t ap- finintcd Peace OH'uers in tlieir reflec- tive i'atifhei. Art. IV. ,?,. And as great Inconveniences might arife from the Want of Peace Officers in different Parts of the Province, the laid Captains of Militia fliall be and hereby are empowered to arreft any Perfon guilty of any Breach of the Peace, or any Criminal Offence, within their refoedive Pariflies, and to convey, or caufe to be conveyed, fuch Perfon before the nearefl: Commif- fioner of the Peace, to be dealt with according to Law. (Signed) GUY CARLETON. Ordained and Enafted by the Authority aforefaid, and paffed in Council under the Great Seal of the Province, at the Council Chamber in the Caftle of St. Lewis, in the City of Quebec, the Fourth Day of March, in die Seventeenth Year of the Reign of Our Sovereign Lord George the Tiiird, by the Grace of God of Great Britain, France, and Ireland, King, De- fender of the Faith, and fo forth, and in the Year of Our Lord One thoufand Seven hundred and Seventy-feven. . By his Excellency's Command. ; J. WILLIAMS, C. L. C. 4- . ': N- Vf *» I (COPY.) ( 183 ) Anno Vicefimo Tertio Georgii III, R^is. CHAP. I. An ORDINANCE for furdier continuing an Ordinance made the a5th Day of February, in the Seventeenth Year of His Majcfty's Reign, intituled, " An Ordinance to regulate the " Proceedings of the Courts of Civil Judicature in the Pro- ** vince of Quebec j" and in Amendment thereof. BE it Enafted and Ordained by His Excellency the Governor, by and with the Advice and Confent of the Legiflative Council of the Province of Quebec, and by the Authority of the fame it is hereby Enadled, That an Ordinance made in the Seventeenth Year of His Majefty's Reign, intituled, " An Ordinance to regulate the Proceedings of the Courts of Civil Judicature *' in the Province of Quebec," and every Article and Claufe therein con- tained, (hall be and continue, and the fame is hereby further continued, from the paflfing of this prefent Ordinance unto the Thirtieth Day of April One thoufand Seven hundred and Eighty-five. And'tvhereas in and by the Eighth Article of the faid Ordinance it is Ordained and Enafted, That a Writ of Appeal (hall be allowed if the Ap- pellant hath given the requifite Security for profecuting the fame ; It is Enafted and Ordained, That the Judges to whom any fuch Writ of Appeal may be direfted (hall and may be empowered, and are hereby lawfully au- thorized to accept of Perfonal Security on Bail by Juftification, for fuffi- ciently profecuting all or any fuch Writ of Appeal to be fued out and pro- fecuted according to the faid Ordinance, any Thing contained in the Ordi- nances or Laws of this Province to the contrary notwithftanding. (Signed) FRED. HALDIMAND. Ordained and Enafted by the Authority afJorefaid, and pafled in Council under the Public Seal of the Province, at the Council Chamber in the Caftle of St. Lewis, in the City of Quebec, the Fifth Day of February, in the Twenty-third Year of the Reign of Our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, De/ender of the Faith, and fo forth, and in the Year of Our Lord One thoufand Seven hundred and Eighty-three. ' By His Excelkncy's Command. J. WILLIAMS, C. L. C. :i' ii 0^ •^H N- 41. (C O P Y.) I «84 J NU2. Anno Viccfimo Quinto Gcorgii Regis* Tieamble. Manner of Proceedings in the Aftions above the Va- lue of ^. 10 Sterling. Execution not to be i(l"iied againft Ab- fentee?, tijj Securiiy be given. CHAP. II. An ORDINANCE to regulate the Proceedings in the Courts of Civil Judicature, and toeftablilh Trials by Juries in Aftions of a Commercial Nature, and Perfonal Wrongs to be compen- fated in Damages. \T7HEREAS it is neceflary, for the Eafe and Conveniency of His Majefty's Subjefts who may have Adlions to profecute in the Courts of Civil Judicature eftablilhed in this Province, that the Mode of adminifter- ing Juftice in the laid Courts (hould be clearly afcertained, and rendered as plain as pofTible: Be it therefore Ordained and Enafted. by his Honour the Lieutenant Go- vernor and Commander in Chief of this Province, by and with the Advice and Confent of the Legiflative Council thereof, and by tht; Authority of the fame it is hereby Ordained and Enafled, Art. I. That in all Caufcs or Matters of Property exceeding the Sum or Value of Ten Pounds Sterling, upon a Declaration prefented to any One of the Judges of the Court of Common Pleas by any Perfon, fetting forth the Grounds of his Complaint againft a Defendant, and praying an Order to compel him to appear and anfwer thereto, fuch Judge fhall be and hereby is empowered and required in his feparate Diftridt to grant fuch an Order, whereby the Plaintiff may have and obtain from the Clerk of the Court a Writ of Summons in the Language of the Defendant, to be ifllied in His Majefty's Name, and attefted by Name of fuch Judge, to be direfted and executed by the Sheriff" of the Diftrid where fuch Court (hall have Jurifdiftion, and in which the Defendant may be or doth refide, com- manding fuch Defendant to be and appear in fuch Court to anfwer to the Plaintiff on the Day appointed by fuch Judge in the Order on the Decla- ration, Regard being had to the Seafon of the Year, as well as to the Diftance of the Defendant's Abode or Place of Sei vies from the Place where the Court may fit. Art. 2. Provided always. That a Copy of the Writ of Summons, and the Declaration, ftiall be ferved on the Defendant Perfonally, or left at his Houfe, with fome grown Perfon there belonging to the Family, and in fo doing the Service fhall be deemed fufficient : Provided neverthelefsj that if the Defendant be abfcntin the upper Country, or lower Parts of the Province, that is to fay, when in or upon any Place beyond the Long Sauk on the Ottawa River, or beyond the Ofwegatche in the upper Parts of the Province, >or in or upnn any i lace below Cape Cat on the South Side, and the Seven Iftands on the North Side of the River St. Lawrencej and where fuch Defen- «dant *w i »8s ) liixly, when I Pthlor is ;->- lllij to Icavi: tile Province. dant hath not been Pcrfonally ffrved with fiich Summons and Decliration as abovclliid, that no Execution (hall iHiic unlcfs the PLiintifl* fliall give gooil antl fiillicicnt Security, to be approvcil by the Court, to refund to the Defendant or hi:, legal Keprcfcntative as much as the nefendaiir, appearing by himlclf or hiu legal Attorney within a Year and a Day, tiiay be able to fct afuK- and reverie of the faid JiKlgnient, by fuch the Cunlklerarion of the faid Judgment in the Court where given, as may be prefented in the Conditions cxprelVrd in the Security to be given as aforefaid for re-hearing of the Merits of faid Caufe. Art. ;]. That the faid Declaration fo to he filed fliall nnt be altered or amended after being filed aa abovefaid, unlcfs upon Rule oi' the Court, and upon I'ayment of Cofts. Art. 4. That in all and every Cafe where One or more Judges of any Ait;iciimfrt Court of Common IMe.is is or may be fatisfied, by the AfRda.vit of tlie "'■"""" "'"= Plantiff, or his Book Keeper or Clerk, or legal Attorney, that the De- fendant is I'erfor.aily indebted to tlie Plaintiff in a Sum exceeding Ten Pounds Sterling:;, and may alfo be fatisfied, by the Oath of the Plaintiff or fomc other Perlon, that the Defendant is immediately ut to leave the Province, and whereby the Plaintiff* might be depr .>f his Remedy againlt fuch' Defendant, it fhall and may be lawful for o.ie or more Judge or Judges of any Court of Common Pleas to grant a Capias or Attach- ment againft the Body of fuch Defendant, to be dircdtcd to the SIierifF in Manner as aforefaid, to hold fuch Defendant to Bail for his Appearar.ce at the Return of fucii Writ, and in Default thereof to commit him to Prifon, there to remain until Special Bail may be given by fuch Defendant, or until Two Days after Execution may be obtained by the Plaintiff, if Judg- ment be in his Favour. Art. 5. Provided always. That if any Defendant, fo bound in Recogni- •zance by Special Bail, fhall or do furrender himfelf in open Court, pending the Adlion, or at any Time widiin One Month after Judgment obtained, or do furrender himfelf unto the Sheriff of the Diflritt where fuch Court may have Jurildiftion, at any Time within Fifteen Days after the Day on which the Plaintiff might legally have and obtain Execution by Capias ad Satis- faciendum upon Judgment obtained, that then and in fuch Cafe fuch Sur- render of th:; Defendant fliall be held, taken, and confidered as a Difchargc of the Perfons bound for fuch Defendant on Special Bail. Art. 6, If on the Day of the Return of the Writ of Summons the De- fendant does not appear in Perfon or by Attorney (Proof of fuch Service being produced or made in Court) the Plaintiff fliall obtain a Default againfl the Defendant; and if on calling over the Aclion on the next Weekly Court Day the Defendant Ihould Hill neglect to appear, without any good Reafon for fuch his Neglcft, the Court, after hearing and receiving fufticient Proof of the Plaintiff's Demand, fhall caufe their final Judgment to be entered againfl: the Defendant, and fliall award fuch Cofl:s thereupon as they fliall think reafonable, and iffue fuch Execution as the Law, according to the Nature of the Cafe, may dire(5l;. . Art. 7. Provided always. That every Proof that may be offered by tlie PLiintiff in Support of his Adion and Demand, fliall be filed in Court; and J A remain If Defendant (lues not np- pe.if, Jiulg- iiieiu lu be cH" teied. I f Vi II 'f! pi] i \ \n IMAGE EVALUATION TEST TARGET (MT.3) 1.0 I.I ■tt 12.2 ■4.0 2.0 U& Iiiiiiiii4i^ < 6" ► Hiotographic Sciences CorpQralion 23 WIST MAIN STRUT WIISTIR,N.Y. 14510 (716) •72-4503 ^ % ^ ( i86 ) 'If Defendant appears, he ii to nnlvver the J^cclaration. Trial' by Tu- ries in certain Cafes, at the Option of the Parties. Englifh Rulet of Evidence adopted in Commercial Cafei. Where neither Party is deli- roui of the Trial by Jury, Proceedings as formerly. ■remain of Record, in the fame Manner as if the Defendant had appeared and defended the Adtion. Art. 8. Provided always. That the Defendant Upon his Appearance at the Return Day of the Writ, or in cafe of Default upon his Appearance at the next Weekly Court after fuch Return, and after Payment of Cofts of fuch Default as abovefaid, Ihall then or on fuch other Day as he may obtain from the Court, make liis Anfwer to the Declaration, either in Writing or verbally, as he thinks fit j and if the Anfwer be verbal, the Clerk of the Court fhall take down the Subftance thereof in Writing, and preferve the fame among the Records of the Court, and in the faid Adioii. And if the Plaintiff doth not appear at the Return Day of fuch Writ, or appearing doth not profecute his Aftion, the fame fhall be difmifled, with Cofts to the Defendant. • Art. 9. That all and every Perfon having Suits at Law and Aftions in any of the faid Courts of Common Pleas, grounded on Debts, Promifes, Contrads, and Agreements of a Mercantile Nature only, between Merchant and Merchant, and Trader and Trader, fo reputed and under- ftood according to Law, and alfo of Peribnal Wrongs proper to be com- penfated in Damages, may, at the Option and Choice of either Party, have and obtain the Trial and Verdidt of a Jury, as well for the Afleffment of Damages on Perfonal Wrongs committed, as die Determination of Mat- ters of Fa<5t in any liich Caufc : Provided always. That the Agreement of Nine of the Twelve Jurors who (hall compofe fuch Jury fhall be Ef- ficient and effeftual to return a Verdift, and that the fame lb made and re- turned, fhall be held as legal and effeftual to every Intent and Purpofe, umjmucb as if the whole Twelve Jurors had agreed therein j and the Clerk of the Court fhall fet down the Names of the Jurors on the Regifter of the Court in every Cafe where Verdifts may be returned as abovefaid : Provided alfo. That in all fuch Caufes and Adtions that may be between His Ma- jefly's natural born SubjeAs of Great Britaiuj Ireland, or the Plantations and Provhices in America, the Juries in fuch Caufes fhall be compofcd of fuch natural born Subjedls as abovefaid ; and in all Caufes and Adbions be- tween His Majefly^s Canadian or new Subjefts, the Juries fhall be compofed of fuch Canadian or new Subjeds ; and in all Caufes of Aftions between natural born Subjefts and the Canadian or new Subjedlsa the Jury fhall be compofed of an equal Number of each, if fuch be required by either of the Parties in any of tiie abovementioned Inftances. Art. 10. In Proof of all Fadls concerning Commercial Mr-cters, Re- courfe fhall be had, in all the Courts of Civil Jurifdidtion in this Province, to the Rules of Evidence laid down by the Laws of England. Art. 1 1. Provided always, and it is Ordained and Enaded, That in all Caufes before the faid Courts of Common Pleas, where the Parties, Plain- tiff nor Defendant, are neither of them defirous of a Trial by the Verdidl of a Jury of and refpefting Matters legally within the Cognizance of fuch Jury, but that llich Trial fhould be -by the Depofition of WitnefTes, and by Proofs, as at prefent ufed in His Majefly's faid Courts of Common Pleas, the Court fhall, after IfTue joined on the Merits of the Caufe, in the Manner as hereafter exprefTed, appoint a Day for hearing the Evi- jdence of the Parties, ]?laintifF and Defendant, and caufe the dame to be lakca taken down in Writing by the C and fworn to by each rcfpedt provided for Witnefles abfent Province. Art. 12,. Provided alfo, tha nefTes cannot attend the Court lawful for the Court in fuch C joined as abovefaid, to allow am ef the Parties, Plaintiff and D( either of their Abfence, after di of fuch Witnefs in Writing, t( record the fame in the faid C( moreover that fuch Depofition Jury as legal Evidence, if fuch Caufes inftituted in the faid C depart the Province, and by wl of his Teftimony, to be afcerta ful for any J^idge of the faid ( nefji, in Prefence of the Partiesj exprefTed, and the fame fhall Manner as abovefaid. .Art. 1 3. And it is further ( Law or Fa£t, to be formed in Common Pleas, between the P; and completed by ths Declan Plea, Anfwer, and Replicatior Parties, Plaintiff and Defendani Writings-by Way of Plea, upo of. Law or Fadl, fhall be receiv mon Pleas as Part of and to flituted, and to be heard and ad witiiflanding. Art. 14. Thit every Writ executed by the Sheriff, where fonally interefted and concerr Coroner of the Diftridt in wl iffue. Art. 15. That all Mercha Perfons of lawful Age being Value of Fifteen Pounds per 1 qualified as Jurors, and to ferv Art. 16. That the Sheriff Perfons fo qualified as jJjovefai or Montreal, and within the V into the refpedtive Courts of Sheriff may officiate, and in tian and Surname, and alfo the Abode, of fuch Perfons fo rer V I mt had appeared ( 187 ) ».' -^^ -. f . rrovliirii Tor ex.1llli:iil.ir Witpclil's in cale of Sick- ne(s, 01- w!ie» about to (If- pirt the Pio- Vii1C«. taken down "in Writing by the Clerk of the Court, in open Court, and figncd and fworn to by each rcfpedive Witnels, fave and except as hereafter provided for Witneflcs abfent by Reafon of Sicknefs, or of departing the Province. Art. 1 2. Provided alfo, that in cafe of Sicknefs, and where the Wit- nefles cannot attend the Court to be afcertained by Affidavit, it may be hwful for the Court in fuch Cafes, and of evident Neceflity, after Iflue joined as abovefaid, to allow and permit that any One Judge, in the Prefence ef the Parties, Plaintiff and Defendant, or tiieir Attornies, or in their or either of their Abfence, after due Notice figniiied, may take the Depofition of fuch Witnefs in Writing, to be figned and fworn to, and certify and record the fame in the faid Court, and there to be of legal Effedl ; and moreover that fuch Depofition fo taken may be offered and read to the Jury as legal Evidence, if fuch Caufe be to be tried by Jury ; and alfo in Caufes inftituted in the faid Court, where any Witnefs may be about to depart the Province, and by which Means either Party might be deprived of his Teflimony, to be afcertained by Affidavit, it Ihall and may be law- ful for any Judge of the faid Courts to take the Depofition of fuch Wit- nefs,, in Prefence of the Parties, or their Attornies, in the Manner as above exprefled, and the fame ihall be of legal Effeft in every Caufe in the Manner as abovefaid. . ^-.- ^» .Art. 13. And it is further Ordained and Ena;6ted, That every I ffiie in Limitation of Law or Fad, to be formed in any Caufe in either of the faid Courts of Pleadingi. Common Pleas, between the Parties, Plaintiff and Defendant, fhall be made and completed by th^ Declaration, Anlwer, and Replication, or by the Plea, Anfwer, and Replication, in Cafes of Abat^ticnt and Bar of the faid Parties, Plaintiff and Defendant, and that no other or further Pleadings, or Writings-by Way of Plea, upon fuch Iflue or Matter in Difpute, whether rf.Law or Faft, fhall be received or admitted by the faid Courts of Com- mon Pleas as Part of and to be put upon Record in any Caufe there in- ftituted, and to be heard and adjudged upon» any Thing to the contrary not- witiiftanding. Art. 14. That every Writ and Procefs which ought to be ferved and when the she- executed by the Sheriff, where it (hall happen that the Sheriff may be Per- riffisconcern- fonally intercfted and concerned, Ihall be ferved and execirted by the *o be ti:rve°*by Coroner of the Diltrifl: in which fuch Writ, Procefs, or Execution may tiw Coroner, iffue. Art. 15. That all Merchants or Traders of lawful Age, and alfo all of jurors, Perfons of lawful Age being Houfeholders, or occupying Lodgings of the ,heirQ^alifica- Value of Fifteen Pounds per Annum Rent, fliall be held and confidered tions. qualified as Jurors, and to ferve on Petit Juries. Art. 1 6. That the Sheriff of each Diftri6t (hall make out Lifts of all sheriff« to Perfons fo qualified as abovefaid, who may refide in the Cities of Quebec make out Lift* or Montreal, and within the Vicinage or Banlieu thereof, and return the fame " ■'*'"'"■ into the refpeftive Courts of Common Pleas of the Diftrid in which fuch Sheriff may officiate, and in which Return (hall be fet down the Chrif- tian and Surname, and alfo the Profeffion, Trade, or Calling, and Place of Abode, of fuch Perfons fo returned. Art. 17. Juries to tie taken in Rota- tion. m ^ „* ■.* CInllcn je or £xce|>t:on$ to J(iri)i'> to he (tcterniiiu'd agreeable to ■ tiie l.»w9 of ' Eiiglaml. T.!f! of Jurors ' to be icturncti by the Slierifts in tlie M(.nth ot JuneYeatly. Penalty on Ju- rors not attend- ing. ( i88 ) Art. 17. That from the faid general Lift the Clerk of each Court fhall make Two feparate Lifts or Books, the one to contain the Names of all Merchants, Perfons concerned in Trade, or qualified to ferve on Special Ju- ries, and the other Lift or Book to contain the Names of Perfons of diffe- rent Occupations fo returned on the faid general Lift by the Sheriff as aforefaid; that the faid Lifts or Books, when fo made, fhall be examined by the Judges and Sheriff, and correfted, if needful, and fhall be of Record, .and open in the Clerk's Office to the Infpeftjon of all Perfons, without Fee •or Reward. » . . ' Art. 1 8. That on all and every Caufe where a Trial may be moved for ;and direfted to be taken by the Verdift of a Jury, it fhall and may be lawful for the Parties, Plaintiff and Defendant, or their Attornies, to fbike a Jury from the above Lifts or Books fo returned into Court, and completed as abovefaid, in the fame Manner, and under the fame Rules, as Special Juries are ftruck in the Courts of Record in England -, (that is to fay) from the firft Lift or Book fo formed by the Clerk, and approved by the Judges as abovefaid, in all Caufes of Mercantile Difpute, or Ac- tions of Damages, where the total Amount, Sum, Dealing, or Matter of Account, Agreement, or Tranfaftion between the Parties, may exceed Fifty Pounds ; and from the Second Lift or Jury Book, wiiere the total Sum as abpvefaid may not exceed the faid Sum of Fifty Pounds. Art. 19. Provided always. That the faid Juries fo to be ftruck from either of the faid Lifts fhall be taken from the fame in Rotation, and following each other, by commencing at that Part of the Lift from whence the for- mer or preceding Jury was ftruck or taken ; and aifo that in all Caufes that may appear to the Court before which they are to be had to be of Intricacy, and that ought to be tried by a Jury from the firft Lift, al- though the Sum or total Amount may not exceed Fifty Pounds, the Judges of fuch Court may permit and order the Jury to be ftruck from the firft Lift, the Party applying for fuch Jury paying the Difference of Fees between Jurors from the firft and the fecond Jury Lift or Book. Art. 20. That all and every Challenge or Exception to the Pannel, or any particular Juror returned tlierccn, fliall be taken, made, and deter- mined upon in open Court, and conformable to the Laws of England ; that Jurors fcrving on Special Juries as abovefaid, and ftruck from the firft Lift or Jury Book, fliall have and receive Two Shillings and Six Pence each f )r every Verdiit to be made and delivered, and before returned into Court; and Jurors ftruck from the fecond Lift or Jury Book, One Shil- ling each for every Verdift in Manner as aforefaid. Art. 21. That Lifts of Jurors, in the Manner prefcribed by the preceding Articles fliall be made, by the Sheriffs returned into the feveral Courts, and formed in the Manner at)Ovementioned in the Month of June in every Ytar. ^ Art. 22. That all Perfons being duly fummoned to attend in any of His Majefty's Courts of Common Pleas to ferve as Jurors as abovefaid, and negledting or refufing fo to do, fliall be liable to, and may be fined by the faid Courts refpeftively, in any Sum not exceeding Five Pounds, and not lels than Ten Shillings, to be levied by Warrant of Diftrefs on the >« Goods the Clerk of each Court fhall to contain the Names of all luaJjfied to ferve on Special Ju- he Names of Perfons ofdiffe- general Lift by the Sheriff as io made, fhall be examined by eedful, and fhall be of RecorcL ion of all Perfons, without Fee lere a Trial may be moved for a Jury, it fhall and may be ndant, or their Attornies, to s fo returned into Court, and r, and under the fame Rules >t Record in England J (that is* i by the Clerk, and approved f Mercantile Difpute, or Ac- ' Sum, Dealing, or Matter of 1 the Parties, may exceed Fifty ; Book, wliere the total Sum Fifty Pounds. iries fo to be ftruck from either me in Rotation, and following the Lifl from whence the for- 1 J and ai fo that in all Caufes they are to be had to be of I Jury from the firft Lift, al- ot exceed Fifty Pounds, the ler the Jury to be ftruck from ury paying the Difference of :ond Jury Lift or Book. Exception to the Pannel, or be taken, made, and deter- " e to the Laws of England; laid, and ftruck from the firft Iwo Shillings and Six Pence red, and before returned into ft or Jury Book, One Shil- L'iaid. ?r prefcribed by the preceding •ned into the fcveral Courts, the Month of June in every loned to attend in any of His as Jurors as abovcfaid, and le to, and may be fined by exceeding Five Pounds, and Warrant of Diftrefs on the Goods Appeal* froiii definitive Judgments. Appeals from Interlocutory Judgment. < '89 ) Goods and Chattels of fuch Perfon fo rcfufing or neglefting to attend, and to be paid to His Majcfty's Receiver General for the Public Ufes of the Province. " . Art. 23. That the Members of His Majefty's Council, the Officers of Perfomex- His Majefty's Courts, Officers of the Guftoms, Naval Officers, Perfons ^Xg oIT ju- cmployed in the Service of the Poft Office, Phyficians and Surgeons, and rie». Officers employed in Military Service, fhall he exempted from ferving on Juries. . < . Art. 24. The Party meaning to appeal from any definitive Sentence or Judgment of any of the Courts of Common Pleas fhall fue out a Writ from the Court of Appeals, tefted and figned by the Governor, Lieute- nant Governor, or Chief Juftice, ftating that the Appellant complains of being aggrieved by the Judgment, and therefore commanding the Judges of the inferior Court, or any Two of them, to fend up the original Papers and Proceedings found in the Records or Regifters of the Court concerning the fame. Such Writ, when prefented to any of the Judges of the Court below, fhall be allowed by him, if the Appellant has given the requifitc Security, which Security is hereby underftood to be Perfonal Security, or Bail by Juftification, any Law, Uiage, orCuftom to the contrary nutwich- ftanding. Provided neverthelefs, that an Appeal may be had and obtained in Manner aboifefaid from any Interlocutory Senltence or Judgment which may carry Execution by ordering fomething to be done or executed that cannot be remedied by the final Sentence or Judgment, or whereby the '^'- ' Right of the Matter in Conteftation between die Parries may be in Part decided, or whereby final Hearing and Judgment may be unnecefTarily de- Jayed : Provided always. That fuch Appeal fhall not be granted and allow- ed, except upon Morion made in the Court of Appeals for that Purpole, and a Rule ferved upon the other Party, or his Attorney, to fhew Caufc why a Writ of Appeal from fuch Interlocutory Sentence or Judgment ■ ^ Ihould not be granted : And it is hereby ordained, that a Rule fo ferved - ' i fhall have th^ Efied to ftay Execution upon fuch Interlocutory Sentence or Judgment, till the Djetermination of the Motion for fuch Appeal; and if the Writ of Appeal fhall be awarded thereupon, and allowed by tiie Judges in Manner as aforefaid, the Clerk of the Court fhall proceed to comply with the Order of the Writ, and the Judges^ or any Two of then^, ihall make their Return as therein commanded. Art. 25. If the Appellant does not, within Fight Days after the Return AppeJiunt t» of the faid Writ, and the Tranfmiffion of the Proceedings, file his Reafons ^'f ^''* Ke")"* of Appeal, the Appellee fhall obtain a R^ile or Order, that unlefs the A©- EiihlD»l*? pellant's Reafons of Appeal are filed in Four Days, the Appeal will be difmifTed: And if the faid Reafons of Appeal are not filed within Four Days after Service of the faid Rule, on the Appellant or his Agent, the Appeal fliall be|accordingly difmifTed with Cefts. Art. a6. Within Eight Days after the Reafons of Appeal arc filed, the Appellee t» Appellee fliall file his Anfwers thereto; or if he negleifts fo to do, the fi'J'^]^^ii^ Appellant fhall obtain a Rule or Order, that unlefs the Appellee file his D«y». J^nfwers widiin Four Days, he will be precluded from filing them after *• ■that Period ; and if his Anfwers are not tiled within Four Days after Ser- 3 B vice •'• ' ' ' m Ml! %1(\ ? I V ' 1 ■»*v M The Court, upon goud Caiife llicwn, may prolong the Time a> bove allowed. ' Execution to ifl'ue in Pifteci) Pay*, i^ Ap- fieal IS not aU owed, or Se< curity given. ( 190 ) vice of fuch Rule on the Appellee or his A^ent, he fhall accordingly be precluded from filing them ; and the Court will proceed to hear the Caufe on the Part of the Appellant, and proceed to Judgment therein without the Intervention of the Appellee. Art. 27. Thefaid Court of Appeals neverthelefs (hall and may, upon Application made, and good Caufe (hewn by either of the Parties (Notice* being given to the other) prolong the Time allowed for filing either the Reafons of Appeal or Anfwers thereto} and in cafe the Court fhall not be fitting at the Time when fuch Reafons or Anfwers ought regularly to be ^ filed, the Party negle£ting fliall apply to the Court at the next Sitting ,.'," -thereof, and fhcw his Reafons for fuch Neglcd; and if the Court finds them infufficient, it will as the Cafe may be, either difmifs the Appeal, or proceed to hear it without the Intervention of the Appellee as above dircfted. Daytobefixpd .Art. i8. When the Reafons of Appeal, and the Anfwers thereto, arc ^r^hwringthe ; j^j^j^ ^^ ^ourt fliall, ort the Application of either of the Parties, fix on fuch convenient Day for ;the hearing of the Caufe, as to it may feem proper. Art. 29. If the Writ of Appeal is not allowed by one of the Judges of the Coyrt below, and a Copy thereof ferved on the Appellee or his Agent, within fifteen Days after any Judgment given in the Court of Common Pleas, Execution fhall ifTue : Provided always, that in Cafes of Appeal from Judgments in His Majefly's Court of Common Pleas in the Diftri6t of Montreal, Execution fhall be fVayed for the Space of Twenty Days, where the Party meaning to appeal fhall lodge good and fufHcient Secu- rity in the faid Court, within Fifteen Days from the Date of fuch Judg- ment, to profecute his faid Writ of Appeal with EflTeA ; and that fuch Security fhall be taken as in Cafe of an aAual Writ of Appeal ifTued and admitted. And no Appeal fhall be allowed or received from the Court of Common Pleas, after the Expiration of One Year from the Date of the Judgment of fuch Court, fave and except fuch Judgment whereby the Rights of Infants, Abfentees, Femes Coverts, or Perfisns -non xonipos Mentis may be bound. • Art. 30. The Execution fued out from any of the Courts of Civil Jurif^ diftion fhall be a Writ iffuing in the King's Name, tefled and figned, whe^ iflliing from the Court of Appeal, eitlitfr by the Governor, Lieutenant Governor, or Chief Jufticej and when iffuing from the Court of Common PiCas by One of the Judges of the Court for the Diflrift in which it is given, direfted to the Sherifi^of the Diftrift, fctting forth the Judgment of the Court between the Parties, and the Kind of Execution .which the Law, according as the Cafe may be, fhall diredl:, whether the fame be to take the Body, or to levy a Sum of Money out of any one's Goods and ChatteU, * Lands and Tenements, or to do any fpecial Matter or Thing whatever. The Date of the Judgment fhall be indorfed on every Writ of Execution* and that Indorfement figned by the Judge. iift'oiS*' ■^^^- 3^- ^" ^ ^^^^^ where Execution fhall ifTue againfl Real and Per- ot, ai!d'*rf'ii«- fonal Eftates, the Sheriff fhall firft difpofe of the Perfonal Property, and if fufficient Real the Procceds thereof fall fhort of the Amount of the Judgmentj the Real .-Eftatetobe ■'' *» 17ft-at« -frld. • .t-ltatCj, ■ Limitation of .Appeals. Of Execu- tions. Nature of (he Exetution^ ( '91 ) EftatCi or fo much thereof as yf'di produce the iVntiounti fliaU ise JiMfor that Purpofe. Art. 32. Where Moveables Ihall be fcized by the Sheriff under an Execution, he fhall caufc the fcizure to be publifhed at the Church Door of the Parifti, immediately after Divine Service, on the Firft Sunday fuc- cecding fuch Seizure, and at the fame Time caufe to be proclaimed the Day and Place when and where he means to proceed lu the Sale thereof, provided that the Place of Sale (hall be in the fame Parifli in which the Seizure is made ; and provided always that the Sheriff fhall not fell Chattels fo to be feized and notified, until Eight Days after Notification of Sale as abovefaid. And that at the Requeft of the Plaintiff the Sheriff may caufe Goods and Merchandizes, fo feized as abovefaid, to be tranf- ported from the Parifh where feized to the City of Montreal or Quebec (being in the Diftrid where fcized) and there to be fold after due Notice as aforefaid i and that Execution fo to be iffued againft Chattels or Per- fonal Eftate fhall be made returnable at fuch Day as the Court from whence it may iffue fhall judge reafonable, and that Execution fhall iffue againll Chattels, or Perfonal and Real Eftate, in one and the fame Writ, but that fuch Execution fhall be firfl levied upon the Chattels or Perfonal Eflate, and be returnable as to fuch firfl Levy, yet neverdielefs may have Force and Effeft, and be returnable at a more diflant Period as to the Second Levy on Real Eflate, for the full Satisfaction of the Execution aforefaid. Art. 33. When Lands and Tenements fhaU be feized by the Sheriff, - lender a Writ of, Execution, he fliall advertifc the Sale thereof Three feveral Times in the Quebec Gazette, to be on fome certain Day after the Expi- ration of Four Months from the Date of the Firfl Advertifement, and pro- claim the faid Sale at the Church Dpor of the Parifh in which ,the Fremiffcs are fituated, immediately after Divine Service on tlie Three Sundays next preceding the Sale, and caufe a Copy of the faid Advertifement to be fixed on the Door of the Parifh Church -, and that Lands in Roture fhall be fold at the Door of the Church of the Parifh where feized. And the Sheriff is hereby further required to advertife, immediately after the Seizure, that all and every Perfon having any Claim on faid I-ands and Tenements, by Mortgage or other Right or Incumbrance, do give Notice thereof at his Office, either before or after the Sale, where the Law makes a Diftindtion, and to remove all Doubts, the Sale then by the Sheriff, without any other FormaUty, fhall have the fame Force and Effedl as the Decret had here- itoifore. Art. 34. If Two or more Writs of Execution fhall be iffued upon Judgments given the fame Day, againfl the fame Defendant or Defendants, and fo marked on the Writs, fuch Executions fhali have the fame Privilege., and be fatisfied in the lame Proportion : Provided always, that if any Oppo- fitions or Claims may be entered at the Sheriff's Office, either before the Sale of Moveables, or before or after the Sale of Immoveables, and where required by Law in the One or the other Cafe above mentioned* or where the Moveables fcized may be claimed by any other Perfon as to him per- taining, in all fuch Cafes the Sheriff fhall -return the fanoe at the proper Periods into the Court where £ach Execution i^ued, that the faid Court ''■:'*■■"'•■ ■ ^"'' " ': '^ " -"■' ■ may. Manner of lellinp; Per- fonals. Manner of felling Real Property. tjl i f II m When Two or more Rxrctl- tioni IITue on J tul foments gfiven th* (ante Day, they are to be fatisfied in the fame Proportiont. iinlefs in cnfe of Oppofitions entered at tht SheriiF't Of- fice. AUdwanre to the Sheriff. Proceeding* in Aitiont under ^. lo Sterling. Declaration. Summons. 1?^ 'M^ i mi Services. Non-appear- rance. .'Appearance. ( 192 ) may, on hearing fuch Claims and Oppofitions, and the Parties therein con- cerned, adjudge them according to Law. Art. 35. On every Execution the Sheriff (hall be allowed all his Dif- burfements, and (hall be authorized to charge over and above at the Rate Two and a Half per Cent, to be deduced out of the Money he levies. « Art. 26. In Matters not exceeding or under Ten Pounds Sterling, any Perfon having a Right of Adion againft another (hall prepare, or procure from the Clerk of the Court of Common Pleas, a Declaration in the fol- lowing Formj viz. ■ A. B. PlalntifT. . ■- - 1. «.Qo^ > Davof It V •• Mu.iiie.i. S UAy VI 17 2 C. D. Defendant. " The PlaintifT demands of the Defendant the Sum of " due to the Plaintiff from the. Defendant, for " which faid Sum, though often demanded . ' ' " ftill remains due -, therefore the Plaintiff pravt ' ;"'■' « Judgment." This Declaration (hall be filed by the Clerk, who (hall make a Copy thereof, and at the Foot of fuch Copy write out a Summons in the Lan- guage of the Defendant in the following Form j viz. '" J (f. George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, to C. D. Defendant in the above AAion. — You are hereby commanded and required to pay the Plaintiff* A. B. the above-mentioned Sum of together with Cofts, or eUe to appear in Perfon, or by your Agent, before Our Judges of Our Court of Common Pleas, at the Court Houfe of die City of ^^^ on the Day of when the Matter of Complaint againft you, as afcercained in the above Declaration, will be heard and finally determined, otherwife Judgment will be given againft you by Default. Witne(s the Honourable One of the Judges of Our faid Court of Com- mon. Pleas, this Day of in the Year and Year of Our Reign." This Summons (hall be figned by One of the Judges of thc-Coort, and a Copy thereof, and of the Declaration, ferved on tlie Defendant Pcrfonally, or left at his Dwelling Hoiife or ordinary Place of Re(jdence, with lorn e grown Perfon there j and the Perfon ferving the. fame (hall inform the Defendant, or (uch grown Perfon, of the Contents thereof. If at the Time men- tioned in the Summons the Defendant does not appear (Proof of. the Service thereof being produced in Court) the Judges, or any One of them, (hall hear the Caufe on the Part of the Plaiutifi^ and make fuch Order, Decree, or Judgment, and award fuch. reafonable Cofts of Suit, as. to him or them (hall appear agreeable to Equity and good Confcience. But if the Defendant does appear by himfelf or his Agent, and the Plaintiff or his Agent does not appear, or appearing does not proiecute, or profe- ,cu:ing «MCJ^ehec, " Mtmire: 43. • 1 ( '95 ) f) (COP Y.) N" 43- Anno Vicefimo Septimo Georgii Tertii, Regis. B CHAP. IV. An ORD I NANC E to continue in Force for a limited Time an Ordinance made in the 25th Year of His Majefty's Reign, inti- tuled, " An Ordinance to regulate the Proceedings in the " Courts of Civil Judicature, and to eftablilh Trials by Juries •* in Actions of a Commercial Nature, and Pet'fonal Wrongs, '* to be compenfated in Damages i" with fuch additional Re- gulations as are expedient and neceflary. E it Ena£led and Ordained by his Excellency the Governor, and the Legiflative Council, and by the Authority of the fame it is hereby EnaAed and Ordained, That an Ordinance made and pafled the Twenty- fifth of April, in the Twenty-fifth Year of His Majefty's Reign, intituled, " An Ordinance to regulate the Proceedings in the Courts of Civil Judi- " cature, and to eftablilh Trials by Juries in Actions of a Commercial " Nature, and Perfonal Wrongs, 1 to be compenfated in Damages," and every Claufe and Article therein contained, be continued, and the fame is hereby continued from the Expiration thereof to the End of the Sefllons of the Legiflative Council which will be held in the Year of our Lord 1789. And whereas additional Regulations are at this Time found to be expe- in CafM where then client and ufefiil j Be it fiirther Enaftcd by the fame Authority, That in every ;* ^ l^l^^utia^, Inftance where the Faft is not verified by a Verdift of the Jury, but by Record, other Proof, or the Teftimony of Witacfles, the fame ihall be inferted in the Record of the Caufe, that in cafe of Appeal the whole Proceedings may go up to be adjudged in the fuperior Tribunal, as regularly and as fully ^ ^^ as the fame was before the Court of Common Pleas. The former Ordi- nance to be continued for Two Yean. And wherever the Opinion or Judgment of the faid Court of Common Pleas is pronounced upon any Law, Ufage, or Cuftom of the Province, the fame ihall in like Manner be ftated upjn the Minutes or Record of the Court, and referred to, and alcertained, that the real Ground of the Opi- nion or Judgment may alfb appear to the Court of Appeals » and upon all Opinions conceived by any Party to be to his Injury, he ftiall be flowed his Exception, to be prefervcd in the Minutes ; all which Proceedings (hall be tranfmitted under the Signatures of the Judges, or any I'wo of (hem, and the Seal of the Court, that all His Majefty's Subjeds, and efpecially His Canadian Subjefts, by thefe Means may be protected in the Eiyoy- meni of all the Benefits fecured to them for their Property and Civil Rights Ifthe Judgment be upon any Law, Cuf- tom, or Ul'ace of tfiie Province, the fame to be ftateit upon theRe« cord of the C'ommoa Pleas. Exception to be tX lowed. If the Judgment t>c up m any La\v,t7iage, or Cultoni, oftlie Pro> vince, the i^ine to be dated upon theK(c«r4 1} . \)\ ( 196 ) i of II t* lowi ^^>* i^omtnonVUu. Rights by tlic Statute paflcd in the 14th Year of His Majcfty's Reign, wc^.tionw « . intitulcil, ** An Aft for making more etieftual ;Vovifion for the Govcrn- T'le fawie in the Four Terms in tlt« Ycv tftablifhcd. Appellate JuriCdiC' tion of Court of Ap- pcali, touching Securit/i Wlifre Executors, &c. appeal, the Plain- tiffs to give Security to refund tHfore Ex- ecution ilTuo. RefpeAing Dirpeitfa* tion of Julticc in fmall Caufcit »* mcnt of the Province of Quebec, in Nordi America," and by the Ordi- nances abovcHTientioncd. And be it further Enaftcd by the Authority aforefaid, That in all Cafes adjudged in the Provincial Court of Appeals, where the lame may be ap- pealed to His Majerty in His Privy Council, and where their Opinion or Judgment is pronounced on any Law, Cuftom, or Ufage of the Province, the lame Ihall in like Manner, and for the fame Realon as hereinbefore mentioned, be dated upon the Record, or referred to and afcertained. And, in all Caufes of which the Common Pleas have Cognizance above Ten Pounds Sterling, the fame (hall be proceeded in, heard, and deter- mined only in regular Terms, confiding of the Firft Fifteen Days (Sundays and Holidays excepted) in the Months of January and Jul/, and the lail Fifteen Days of March and September, Yearly, the Firft Return Days whereof Ihall always be the Firft Day of the Term, and the reft of the Return Days, and the General Rules of Praftice, fuch as the refpeftivc Judges of the Common Pleas ihall fix in a Formulary. And, to take away all Doubts and Scruples with refpeft to the Right of Appeal in any Caufe before the faid Courts of Common Pleas, Be it Enafted and Declared by the fame Authority, That the Court of Aj)peals fhall be deemed and adjudged to have an appellate Jurifdiftion, with all the Power neceftarily annexed to fuch Jurifdidtion ; and that it (hall henceforth belong to the Provincial Court of Appeals to determine the Queftion when Security (hall be requifite, and the Sufficiency thereof, and the AdmifTion, DifmilTion, or RemilTion of Appeals, and the Supply of the Defedls of the Record, and of the Effeft of the Appeal as a Superfedeas of all or any Proceedings in the Lower Courts for the Stay of Execution on the Judgment of the fame, or any Procefs of the Nature of Execution, with Authority alio to make Rules and Orders, to regulate, eff'cdluate, and accelerate the Proceedings in all Caufes of Appeal, for the Advancement of Juftice, and to prevent unnecefTary Delays and Expence in the fame. And, where Appeals arc brought by Executors, Adminifb-ators, Curators, Tutors, or Guardians, the Plaintiff (hall not have Execution, nor any Pro- cefs in the Nature of Execution, without fuch Security firft given as the Court of Common Pleas in their Difcretion (hall diredl, to refund the Damages and Cofts, in cafe the Judgment (hall be reverfcd, together with fuch Cofts as the Court of Appeals may award. And, for the more convenient Difpenfation of Juftice in fmall Caufes, It is Enafted and Ordained by the fame Authority, that it (hall and may be lawful for his Excellency the Governor, or the Commander in Chief of the Province for the Time being, by and with the Advice and Confent of His Majefty's Council,, to appoint by Commilfion fuch and fo many Perfons as he (hall judge fit, and' for fuch Parts of the Province as he (hall think proper, to hear fummarily, and to determine finally, without Appeals, all Matters of Debt of Ten Pounds or under j and it (hall likcwile be lawful for his. Excellency the Governor, or the Commander in Chief for the Time being, ihitU for elie irmoti; Pans of tlie Piovirce. Attaehmentt in certain Cafes only. ( 197 ) I bclnp;, by and with the Advice and Confcnt of His Majcfty*s Council, to regul.ice the Fees to be taken by the Pcrfons fo commnrioncd, and bv their fuLoi tiiiate Officers, and to dircdt a Mode of proceeding for them, whereof, and the txtcnt of their Jurifdiftion refpcftively, a Notification (hall be piiblilhcd in the Quebec Gazette, for the Information of all Pcrfons whom It may concern. Whereas there are many Thoufands of Loyalifts and others, fettk-d in the New d Upper Countries above Montreal, and in the Bays of Gafpy and Chalcur, ",)^2y'J. ,"e",' below Quebec, whofe Eafe and Convenience may require that additional Diftrifts Ihoiild be credled as foonas Circumftances will permit) It is Enaft- ed and Ordained by the Authority aforefaid. That it may be lawful for the Governor or Commander in Chief for the Time being, with the Advice and Confent of the Council, to form, by Patent under the Seal of the Province, One or more new Diftrifts, as his Difcrction Audi diredt, and to give Com- mifllon to fuch Officer or Officers therein as may be neccflary or condu- cive to the Eafe and Convenience of His Majerty's Subjects redding in the remote Parts of the Province. ^ ^ And be it further Enadled by the Authority aforefaid. That no Procelk of Attachment, except in the Cafe of the Dernier Equippeur, according to the Ufage of the Country, IhaU hereafter be iflucd for attaching the Eftate, Debts, and EfFefts, of what Nature foever, of any Perfon or Perfons whom- foever, whether in the Hands of the Owner, the Debtor, or a Third Perfon, prior to Trial and Judgnrient, except there be due Proof on Oath (to be indorfed on the Writ of Attachment) to the Satisfadtion of One of the Judges of the Court iflfuing the fame, that the Defendant, or Proprietor of the faid Debts and Eife£fcs, is indebted to the Plaintiff in a Sum exceeding; Ten Pounds, and is about to fecrete the fame, or doth abfcond, or doth fuddenly 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 (hall lofe his Debt, or fuftain Damage, without the Benefit of fuch Attachment. Provided always. That nothing herein contained fhall be conftrued to P"»if<»' the Prejudice of the Rights of Landlords, in their legal Courfe, for the Re- covery of Rents, according to any former Mode of proceeding by any Law, Ufage, or Cuftom whatfocverj and provided alfo, that whenever the Defendant or Debtor fhall either pay the Debt and Coils, or give Security to the Sheriff or Officers for the Goods lb attached, as in Cafes of Bail on Perfonal Arrcfts, fubjeft to Juftification in Court to anfwer the* Value of the Goods, and abide the Judgment of the Court, the fame Ihall »- be forthwith reftored j and for that Purpofe the Defendant or Debtor fhaUr be allowed Forty-eight Hours, after which Period, if the Debt and ColU be not paid, nor Security given, the Goods fo feized (hall remain attached, and held by the Sheriff or Officer to anfwer the Judgment of Law. Be it further Enafbed by the Authority aforefaid. That the additional T'"'* *'''''• Regulations hereby enafted (hall be in force until the End of the SefTions E'.^ol)"' that (hall be held in the Year of Our Lord 1789, or as long as the Ordi- in Force for nance hereby renewed ; and that the Ordinance paffed in the Twenty-fifth "^^^ ^'""' TCcar of the Reign of His prefent Majcfty, intituled, " An Ordinance for 3D " granting li^ I It I ii n % 7 i 198 ) ** granting a limited Civil Power and Jurifdidlion to His Majefty's Juftlces "of the Peace In the remote Patrts of this Province," be no longer in force than uotil fuch fmall Jurifdidions as by this Aft are authorized, ihall be .ftdtually erefted. 'Enafted and Ordained by the Authority aforefaid, and pafled in Council under the Public Seal of the Province, at the Council Chamber in the Caftle of St. Lewis, in the City of Quebec, the j3Qth of April, in the 27th Year of the Reign of Our Sovereign Lord George the Third« &c. ice, &c. and in the Year •of Our Lord 1787. By hisExcellqicy's Comnund, tSigncd) J. W. MEARNS^ C. L. C. Teme Officers appointed in the Country PariOiei. The lame, te be appointed ■fsr the Towns. {COPY,) .N' 44-. J^nno Vlcefimo Septimo Georgii Tertii Regis. CHAP. VL An O RD I N AN C E to explun and amend ^n Ordinance feu* eftablifhing Courts of Criminal Jurifdi£Uon.in the Province of Quebec. W ' H E R E A S it is expedient that public Officers fhould be eftablifhed in the feverai Parifhes of this Province, under the Denomination <^ Peace Officers ; It is Enafted and Ordained, by his Excellency the Gover* and the Legiflative Council, That all and every the Captains, and other Officers of Militia in the faid feverdl Parilhes of this Province, duly com- miffioned by his Excellency the Goverhor, or the Commander in Chief for the Time being, and likewife the Serjeants named and appomted by the laid Captains, and other -Officers in the reQ)e£tive Parifhes, be, «nd they are hereby declared to be Public and Peace Officers within their reljpeftive Parilhes, and authorized and enjoined to xlo and .exercife all and uneular the Duties and Services of Public, and Peace Officers within -their rey)ec* live Parilhes according to Law. And'be it further Enafted'hy the fame Authority, That it Ihall be law- ful for the Commiffioners, or tuftices of the Peace, aflembled in Quarter Seffions, or by a Majority of the fame, and they are hereby required, as foon as tonveniendy may be, to name and appoint fuch and ib many Perfons as they may think fufficient, within the Towns and Banlieues of Quebec and Montccd, for ^carrying -into Execution the Orders and 'Decrees of the feverai Courts, and to preferve the Public Peace therein, every of which Perfons fo appointed ihall faithfully perform the Duties of the 'Offices for which he may be fo appointed for the Space of One Year i jprevious to the Expiration whereof it Ihall be the Duty of the faid Com- jniffionecs \ ( 199 ) imTiirioners brjuftlces of the Peace Annually to appoint others to ferve in their Stead, and to increafe or diminilh the Number firft appointed, as •to them (hall appear to be moft for the Public Weal and Safety ; and that no fuch Appointment ihall be valid in Quebec or Montreal, and their Banlieuei relfaeftively, in the Cafe of a Civil or Military Officer, or any Perfon in Pneft's Orders, or in the Profeffion or Praftice of Phyfic or Surgery, or any Miller, Ferryman, Schoolmafter, or Student of any College or Se- minary, or any Perfon not of full Age ; and for negle£ting or refufing to perform the faid Office or Offices there Ihall be the Forffitune of Twenty Pounds, to be recovered in any Court of Record, with Cofts of Suit, by Bill, Plaint, or Information, in which no Eflfoignj Wager of Law, or any iinorc than Oiie Imparlance Ihall be allowed. !/ (Signed) DORCHESTER. 'Enafted and Ordained, by the Authority aforefaid, and pailed in Council under the Public Seal of the Province, at the Council Chamber in the Caftle of St. Louis, in the City of Quebec, the 30th Day of April, in the Twcnty-feventh Year of the Reign -r-i' of Our Sovereign Lord George the Third, by the Grace of vi >u tjodof Great Britain, France, and Ireland, King, Defender of ihe Faid\, and fo forth, and in the Year of Our Lord 1787. •By his Excellency's Command, (Signed) J. W 1 L L I A M S, C. L. C. ■\i lie Qg^ec Gazette, Tburfdajr, Majr 7th, 1789. Anno Vicelimo->iiono Geoiig^ Terdi JELegis. Chap. IlL '4 . « ' . Ail ACT to continue the Ordinances, regulating the Praftlce A*T*f i'"* of the Law, and to provide more efFeftually for the Difpenfa tion of Jufticc, -and efpecially in the New Diftrifts, J. Williamt, K0» u* \*t >ift. p^E it Enaftedby his Excellency the Governor and the LegiflativeCoun- *^ cil, and it is hereby Enadted by the Authority of the wme. That the Ad intituled, '' An Ordinance to regulate the Proceedings in the Courts of «* Civil Judicature, and to cftablilh Trials by Juries in Aftions of a Com- " mercial Nature, and Perfonal Wrongs, to be compenfated in Damages," j)aired in the Twenty-fifth Year of His Majefty's Reign, together with the A£k continuing the fame, with additional Regulationsg palTed in the Twenty- Continuation of the Two former 0(di>- jiancet. m I ' \ Q^nli Ileal Ion of Jiiir.is in in the Five New Diltnai. P.iwers of the Kirft Jiulsje for tlie Diltriit of Hcfl'e. On Criminal Prol'ecutions in the New Dilliia?, Exe- cution to bs I'lifpenJed when, Sic. Copies of the Procceiiinas to he tiaiifmiiied t> ilic Gj- veinur. Proviro. ( 200 ) , Twenty-feventh Year of His Majefty's Reign, be continued until the Thirtieth Day of April, which will be in the Year of Our Lord One thou- fand Seven hundred and Ninety-one, and no longer. 2d. And the better to adapt the general Provifion to the prefent Condi- tion of the Province, lately divided into the Five New Diftrifts of Gafpe, •Luneburg, Mecklenburg, Naflau, and Hefle, Be it further Enafted by the fame Authority, That it fhall be no Exception or Challenge to a Juror, on any Inqueft or Trial in either of the faid New Diftrifts, that he is not a Freeholder, if fuch Juror, being othcrwife qualified, (hall have been for One Year the aftual Occupant of One hundred Acres of l^and, under the Permifllon or Authority of the Government, within the Diftridl for which he is fummoned, and Ihall have had a Certificate thereof, figned by the Governor or Commander in Chief for the Time being, or under the Sig- nature of the Surveyor General, or Deputy Surveyor General, or any De-' puty of them, or either of them. 3d. And be it alfo Enafted by the fame Authority, that until the Bench of the Court of Common Pleas for the Diftrift of Hefle fhall have Three Judges duly appointed to officiate thereon, all the Powers and Authorities of the whole Number fhall be veiled in fuch Perfon as fhall have a Com- milTion to be the Firfl Judge thereof; any other Law, Aft, or Ordinance to the contrary notwithflanding. 4th. And on Account of the Remotenefs of the faid New Diflri6i:s,^and for the Security of the Subjeft, and to prevent long Imprifonments, and to leflen the public Charges in Criminal Profecutions, Be it further Enafted by the fame Authority, that on all Trials to be had in either of the New Diftrifts before CommifTioners of Oyer and Terminer or General Gaol De- livery, when the Chief Juflice of the Province may happen not to be one, ' the Execution of the Sentence or Judgment of the Court fhall be fufpended until the Pieafure of the Governor or Commander in Chief for the Time being Ihall be fignified diereon, by Warrant under his Hand and Seal at Arms. fth. And to the End that the Government may have full Information-of the Proceedings of the faid Courts of Criminal Jurifdiftion, Be it alfb Eiiaded by the lame Authority, That it fhall be theDuty of the faid Courts, with all convenient Speed, to tranfmit to the Governor for the Time be- ing, not only Copies of the Indiftment, Information, or Charge, and of the Plea, and other Proceedings, in every Caufe before them had, but of the written and parol Teftimony read and given to the Jury, and the Scope and Subflance of the Points ruled in Evidence, and of their Charge to the Jury, and Copy of the Verdift, and of every material Tranfadtion in the Caufe, together with fuch Observations as they may think proper to make on every fuch Caufe and Trial, and the Whole under the Signatures of the Majority of the Judges before whom every fuch Trial was had. Provided always, and be it neverthelefs Enaded by the fame Authority, ^ That it fhall not be necefTary to make fuch Report of the Proceedings, nor . to flay the Execution of the Sentence or Judgment in any Cafe where it ' fhall not extend to Life or Limb, nor to any greater Fine, Penalty, or. Forf?ipire,. ,.- ..sets . ,«fts-- ,.-.,.,- . *!-',ff^.'"*I;''' ; ( am ) forfeiture, than the Sum of Twehty-five' Pounds Sterling, Money of Great ■Britain. And wherever fo great a Siim Ihall be adjudged for a Fine, Forfeiture, Cafes-h^re or Penalty in any Court of Seflions of the Peace, to be held in either of J,ain"'ftilj(e>'«ioiiot and void in every Caufe to be inftituted in the Courts of the faid Diftrift of S.Sof "" Hefle, except in Aftions and Cafes accruing pofterior to tlie Firft Day of Hefli. January which will be in the Year of Our Lord One thoufand Seven hundred and Ninety: Provided always, and be it EnaAed, That nothing herein contained Ihal Prorifb. be conftrued to revive a Demand for Caufe of Adlion arifen prior to the Firft Day of January, m the Year of our Lord One thoufand Seven hundred and Eighty- fix. * nth. And whereas the Weftem Diftrifls of Luneburg, Mecklenburg, Kaflau, and Hefle are, and alfo the Diftrift of Gafpe probably will be, chiefly inhabited by Perfons born within the ancient Dominions of the Crown of Great Britain: Be it further Enadbed by the lame Authority, That in Civil Caufes, here- after to be tried or adjudged and determined in eirlier of the faid New Diftri(5ts, where the Tide to the Freehold fliall not come into Queftion, no Proof offered in fuch Caufe ftiall be deemed to t' inadmifllble, that ivould be fufficient to fuftain the Point for which the fame i- 'offered, either by the ancient or prefent Laws of the Province, or by the Laws of England. 12th. Where Moveables fhall be taken in Execution by the Sheriff of the jaie of Move- Diflrift of Hefle, Luneburg, Mecklenburg, or Naflau, or Galpe, he fhall aWes in tiie •caufe fuch Seizure to be publiftied at the Church Door of the Parifli im- ^"'^ Dift»»««. mediately after Divine Service, on the Firft Sunday fucceeding fuch Seizure j or if there be no Church in tlie Townfhip or Parifh, then fuch Seizure fhall be notified by Publication or Advertifement in Writing affixed to the Door of the Court Houfe of the Diftrift, and alfo at the neareft Grift Mill, as foon as may be after fuch Seizure; and the faid Notifica- tion fhall defign the Day and Place where and when he means to proceed to the Sale thereof, not protrafting fuch Sale beyond Fourteen Days from the Date of fuch Publication : And when Lands and Tenements fhall be taken in Execution by the Sherift' of either of the laid Diftrifts, he fhall advertife the Sale by Three feveral Publications in Writing, to be fixed at the Door of the Court Houfe of the Diftrift, and in fome oftenfible Place in the Office of Clerk of the Court whence the Execution iflTued, and at the neareft Grift Mill, fuch Notice to be renewed the Firft Monday of Three fucceffive Months preceding the Sale, which fhall not take Place in lefs than Four Months after the Date of the Firft Publication. Proofs acimifl!- Me in the Five New Diaiia*. r Sale of Real Eftatec. 3F 13th. Be Hi u %r In Pfrfonat Afiiont, no Exception to be laicen by Realiinof the Pomicile of tlie Defen- dant. I^xrrutiont (o ifliie ti'om One Oiftiia totbe oilier. Appeali from tlis New ( 204 ) 13th. Be it fiirthcr Enaftcd by the fame Authority, That in all Perfonal Aflions to be inftituted in any of the Diftrifts in this Province It (hall not be a legal Exception that the Caufe of Aflion arofe out of fuch Diftri^* or that by Reafon of the Domicile of the Defendant it ought to be brought elfewherc j but that all the Proceedings in fuch Adfcions, and the Judgments and Executions thereon, fhall be deemed and adjudged to have the like Force and EfFeft in every Rcfpett as if the Caufe of Action and Ground of Defence had ari(en> and all Tranfadbions relating thereto had happened, in the Dillridb where the Aftion is inftituted, any Law, Ufage, or Cuftom to the contrary notwidiftanding. 14th. And be it Ena£ted by the fame Authority, That the Courfe and Power given by the faid A£i, intituled, " An Ordinance to regulate the " Proceedings in the Courts of Civil Judicature, and to eftabli(h Trials by " Juries in Aftions of a Commercial Nature, and Perfonal Wrongs, to btf " compenfated in Damages," for perfefting the Execution of a Judgment out of the DiftriA where the fame was rendered, (hall be purfued in every old or new Diftrift of the Province, 15th. And that Parties adjudged in the faid New Diftri£ls may not be de- prived of their Right and Benefit of Appeal : Be it further Enafted by the fame Authority, That the giving Security as heretofore ufed on the bringing of a Writ of Appeal, (hall as efFeflually fufpend Execution in Caufes of the faid DiftriAs, as in the Old Diftridts on the aftual Production of a Writ of Appeal, fuch Appellant in all other Rc- fpe&s conforming to the Law of Appeals as it now ftands, and fuing out, within Twenty Days after Judgment, an Office Copy of the Proceedings in the Caufe adjudged ; which, to prevent Delays, ihall be as efFedhial before the Appellate Jurifdi£tion as if tranfmitted according to the prefent Law and Ufage in Appeab £rom the Common Pleas Courts of the Old Diftridts. DORCHESTER. K\ ir ¥1 N'4«. ( aos ) N' 46. DESCRIPTION of the intended Boundary Line between the Provinces of Upper Canada and Lower Canada. 'T'HE Boundary Line to run due South, from a Stone Boundary fixed on **■ the North Bank of the Lake Saint Francis, in a Cove of the River Saint ■ Lawrence, Weft of Point au Boudet, in the Limit between the Townfliip of Lancafter and the Seigniory of New Longueuil, to the Southermoft Extent of His Majefty's Dominions, and in a Northerly Direftion from :t'.€ aforefaid Stone Boundary, along the Weftern or Inland Bounds of the faid Seigniory of New Longueuil, and of the Seigniory of Vaudreuil, ac- cording to the various Courfes, until it ftrikes the Ottawa's River j thence in a direft Line to the neareft Point in the Centre of the Navigable Channel of the faid River $ thence, afcending the Middle of the Navigable Channel of the faid River, to the Lake Temifcaming; thence, through the Middle of the faid Lake, to die moft Northerly Extremity thereof; and thence, running due North, to the Boundary of the Territory granted to .the Merchants Adventurers -of England trading to Hudfon's Bay. 1^. \ ■