Civil Judicature-Continued.
ment, 634-639; magistrates of Cataraqui recom- mend the establishment of courts of civil and criminal jurisdiction in their district, 643; or- dinance of 1789 re Proceedings in the Courts, 658; regulations for civil courts in the District of Hesse, 661. See also Civil Courts, and Justice. Civil Law, English law in force in Quebec, 229, 242; suggestion by Carleton to retain the French law in civil matters, 258; Marriott's re- marks on status of civil law after the cession, 317; Quebec Act makes "Laws and Customs of Canada the rule, 404; plan to avoid bring- ing commercial matters, which were subject by Quebec Act to French civil law, into the regular courts, 462. See also Justice.
Civil Procedure, laws and customs of Canada in force under Quebec Bill as returned from the Commons, 393; regulations for mode of proceedings in actions above £10 in Court of Common Pleas, 530; regulations for proceedings in actions under £10 in Court of Common Pleas, 536. Civil Property, authority of Justices of the Peace in matters of, 278. See also Civil Judicature and Justice.
Civil Rights of Canadians, to be maintained by the 'Laws and Customs of Canada," 393, 404; French advocates represent that the report from the merchants to the council on Commerce and Police is an attack on, 573; (see p. 574.) Civil Suits, power given Chief Justice to hear and determine, 191; necessity of reform in adminis- tration of justice in, 266. See also Civil Judica- ture, and Justice.
Clergy, Haldimand's remarks on their attitude towards government, note 3, p. 539; provision respecting those of the Roman Catholic church, 703 provision for maintenance of Protestant clergy, 703-704.
Clergy Reserves, suggestions rc, 693-694; regula- tions concerning, 703-705; lands set apart in each province for support of Protestant clergy, 704- 706.
Code of Law, power granted to the representatives of the people to frame code "as near as may be to the laws of England," 120, 237; suggestions for framing 252, 260; difficulties of framing such a code, 253, 260; advantages and disadvan- tages set forth, 255; plan reported by Marriott, 310; British merchants trading with Quebec represent the inconveniences of French and English laws, 541.
Coke, Lord, quoted by Lord Mansfield in his judg- ment, 370.
Collins, John, member of legislative council, re- ferences to, 475, 484, 501, 552, 579, 581, 588, 590, 591, 592, 612, 613, 619.
Commerce, committee of council appointed to report on the external and internal commerce of the Province, 591; merchants of Montreal ob- ject to the establishment of a Chamber of Com- merce, 624: objections to requests for trade relations with Vermont, 628, 630; merchants of Montreal not averse to changes in commercial | law, 634; magistrates of Three Rivers point out the necessity of laws for the recovery of debts on the principles of English commercial law, 634; British merchants trading with Quebec petition for English commercial law, 650; British Parliament to make regulations for, 707. See also Trade, and Trade and Commerce. Commerce and Police, report of committee of council on, 612; letter of council to merchants of Montreal re, 622; answer to the letter, 623; report of merchants of Montreal to committee of council on, 624; magistrates of Three Rivers make suggestions to the council re matters of, 633.
6-7 EDWARD VII., A. 1907 Commission to Jacques Allier, 29-30 of Gov- ernor Murray approved by King, 124; proposed additional clause in Murray's com- mission re land grants, 125; appointing Murray Captain General and Governor in Chief of Quebec, 126; appointing Chief Justice Hey, 190, (see note p. 178); appointing Guy Carleton as Lieutenant Governor of Quebec, note p. 192.
Commissioners of the Peace. See Justices of the Peace.
Common and Statute Law of England, Canadians petition against adoption of, 589.
Common Pleas, appeals from courts of, may be carried to Superior Court, Governor in Council, or King in Council, 150, 230; powers of courts of, 150, 230; Canadian advocates permitted to practise in courts of, 150, 231; laws and cus- toms of the French admitted in courts of, where cause of action arose before Oct. 1, 1764, 150, 231; ordinance for establishing a third term called Michaelmas, for sittings of courts of, 174; inconsistency, in civil proceedings, in courts of, 242; minor cases of debt to be tried by judges of, 282; ordinance of February, 1770, repeals regulations of September, 1764, re sittings of courts of, 283, 284; establishment of courts for districts of Montreal and Quebec, 464; two judges necessary in cases involving accounts over $10, 464; four sittings a year to be held at Quebec and two in Montreal, 478; chief justice to preside and be a member of court of, 478; council desires more than two terms a year to be held in Montreal, 481; regulations for ac- tions in courts of, 530-538; appeals from judg ments of, 534-535; remarks of Chief Justice Smith on, 570; judges of court of, would confine English law to criminal cases, 571; to take no cognizance of any new cause brought in any of the Courts of Request after its erection, 576; general rules of practice to be communi- cated by the judges of the Common Pleas to the Provincial Court of Appeals, 577. Common Pleas, ordinance regulating rights of ap- peal in causes before the court of, 577; regula- tions concerning sittings of court of, 583; to take cognizance of the arraignment by Attorney General Monk of the administration of justice in the Canadian courts, note 3, p. 586, (see p. 588); Attorney General Monk, accuses the judges of the courts of inconsistency in their decisions, 588; the integrity of the judges established by investigation, note 3, p. 593; petty litigation to be taken to another tribunal, 599; judges pre- sent to the council a plan for forms of procedure for acts concerning guardianships and trustee- ships, 609, 611; Judge Panet's opinion on the desirability of leaving guardianships, trustee- ships and letters of administration to the judges, 609, 612. See also Civic Judicature and Justice. Congress, circulation of letters addressed to Can-
adians by the Continental Congress of Phila- elphia, note 2 p. 452.
Constitution, as established by the Crown of
France not entirely abolished at the Cession, 265; Lieutenant Governor Hamilton considers that the time is opportune for amendment of, 528; no change to be made in, until the opinion of the people is ascertained, 548; Sydney advises Dorchester that there is no intention to make changes, 586; Loyalists desire to be governed by the British constitution and laws, 645; Western Loyalists petition to be governed by the English constitution, 648; Sydney refers to the conflict- ing nature of the applications for changes in, 652; summary of a debate in the British Commons on, note, p. 652; Carleton's opinions concern- ing proposed alterations in, 655; Finlay's opin- ion that a constitution founded on the 12th
article of Carleton's instructions would be most- suitable for the Province, 656; Finlay's remarks on proposed changes, 656-658; Grenville on pro- posed changes, 665-666. See also Government. Constitutional Act, despatches re, from Grenville to
Carleton, 662, 663-666; Carleton's opinion on first draught of, 664; first draught of, 667; first draught divides the Province of Quebec into Upper and Lower Canada, 667; first draught of, provides for a Legislative Council and a House of Assembly in each of the provinces, 667; se- cond draught of, 677; Carleton and Chief Jus- tice Smith amend the first draught, note 1, p. 677; proposed additions to the Bill to form a general government of all the British Provinces in North America, 687; proposed clause re trial of criminal offences, 689; Grenville discusses the first and second draughts, 690; letter of Dundas, to Carleton on the working of, 692; text of Act of 1791, as passed, 694; source of text in this volume, note 3, p. 694; source of debates in the British Parliament relating to, note 3, p. 694. Contraband Trade, between St. Pierre and Mique lon, and Newfoundland, 99; carried on by French subjects, 145, 146; instructions to Car- leton (1775) for suppression of, 430.
Corvées, ordered by Carleton to follow Burgoyne's Army, note 2, p. 461; remarks on, 516, 528. Cosnan, Capt., Town Major at Quebec, 37. Conway, Gen. H. S., succeeds Earl of Halifax as Secretary of State for the Southern Department, 172, 190, 192, 199.
Council, composition of, and regulations concerning, 133-134; power given to governor to choose mem- bers for vacancies in, 134; protests against action of governor in summoning only part of council, 192; protest against the number and order of precedence of members appointed by the King, and those appointed by the Governor, 193; mem- ⚫bers of the first council, note p. 193; the twelve members appointed by the King to have prece- dence, 194; list of members in 1766, with dates of their admission, note p. 194; list of members appointed in 1768, 211; conditional power given to Governor to appoint and suspend members, 211, 212; freedom of debate and vote given to members, 212; proposed increase in num- ber of members, 267; limit of the authority of members, 297; proposition to enlarge, 321; memorial of French inhabitants asking for an increase in number of members, 357, 359; British merchants of Quebec suggest a fixed number of members, who would be independent of the governor, 365; Lord North favours es- tablishment of a council, and not an assembly, note p 375; proposal to create the Legislative Council by letters patent, in second draught of Quebec Bill, 380.
Council, clause in Quebec Bill as returned from
the Commons providing for, and stipulat- ing number and powers of, 393-394; provision in Quebec Act for calling a council by the King, 404-405; oath to be taken by members of, 420; Carleton's instructions of 1775 constitute five members a board of council for all business except acts of legislation, 420; list of members appointed by the King in council as given in Carleton's instructions of 1775, 420; regulations for, in instructions to Carleton of 1775, 420; freedom of debate to members of, in Carleton's instructions of 1775, 421; restrictions to powers of, 421-422: Carleton's remarks on ordinances passed in 1777, 460; list of ordinances passed in session of 1777, 463; list of members as appointed by Haldimand's instructions of 1778, 475; Gov- ernor and council authorized in 1778 to frame,
alter and amend ordinances relating to courts of justice, 475; instructions to Haldimand of 1779, interpret his former instruction re what shall be a quorum, 476; object to formation of privy council by Carleton, note 3, p. 476; Haldimand censured for calling together certain members to act as a privy council,
p. 477; opinions of members of the council on instruction of July, 1779, concerning alterations to be made in court of civil jurisdiction, 479; George Pownall appointed clerk and registrar of, note 2, p. 480; opinion of the legislative council on instruction to Haldimand concern- ing alterations to be made in the judicial sys- tem, 481.
Council, Haldimand reviews the question dis- cussed by the council as to their constitutional power to prohibit the export of grain and flour or to fix an arbitrary price, 482; refuse to grant juries in civil cases, 501, (see note p. 502); ad- dress to Haldimand praying for a continuance of the Quebec Act, note p. 502; extraordinary powers given the council by the Quebec Act objected to, note p. 502; proposed regulations for, 503; objec- tions to proposed composition of, and salaries, 511, 514; Bill introduced to secure "an emancipa- tion of the Legislative Council from the uncon- trollable authority of the Governor", note 2, p. 520; members of the council to be suspended or removed by the King only, 522; council to consist of at least thirty-one members, 524; not in favour of open debate, note 1, p. 529; Haldi- mand's remarks on the opposition of certain members of the council to measures of govern- ment, note 3, p. 539; Lieutenant-Governor Hope suggests an increase in number of Catholic members, 540; proposal to increase the num- ber of Canadian members, 548; instructions of 1786 re board of council, 552; list of members appointed by Carleton's instructions of 1786, 552; regulations for, in Carleton's instructions of 1786, 552-553; powers granted to, in Carle- ton's instructions of 1786, 554; freedom of de- bate provided for, 554; old subjects refused copy of a bill depriving mercantile classes of trial by jury, 573.
Council, members of council disqualified from acting as judges in certain cases, 578; extract from the proceedings of 1787, 579; protest of Chief Justice against vote of council, 579-588; disputes in the council contrary to the dignity of Government, 586; reports of committees, and journals of the council used by Carleton in making an investigation into the condition of the province, 587; discord in, referred to by Carleton, 588; objections to change in Bill intro- duced by Chief Justice, note 7, p. 588; commit- tee on commerce and police recommended the adoption of much of the common and statute law of England, 589; two members of the council withdraw their names from the protest against the vote on the commitment of a bill for the better administration of justice, note 1, p. 589; minutes of the council upon state business, from October 1786 to June 1787, 590; members take the oaths required, 590-591; committees appointed to make reports as a basis for deter- mining the future government of the province, 591; action of, on the charges made against the administration of justice by Monk, 592; report of, on the administration of justice, 594; memorandum of the council concerning trial by jury, 602; report of committee of council on commerce and police, 612; letter of committee of council on commerce and police, 622; answer to the letter, 623; report of merchants of Mon-
treal to committee of council on commerce and police, 624; committee of council request magistrates of Quebec, to express their views on police, 630; the magistrates of Quebec report to the council making suggestions for the improve- ment of police, 631 ; letter to merchants at Three Rivers from committee of council requesting their views on matters of commerce and police, 633; report of the committee of council upon population, agriculture and the settlement of the Crown lands, 639; Carleton requested to recommend number of members and names of, 665; Grenville's remarks on the number of mem- bers to compose the council in Upper and Lower Canada, 665; members to be called by the Gov ernors of the provinces, with the advice of the Privy Council, 668; members to be appointed for life, 668; the Speakers to be appointed and removed by the Governor, 669; the Governor to fix the times and places of sittings, with power to prorogue, 671; form of oath to be taken by members, 672; power vested in the King to create a council and appoint and remove mem- bers, 673; number of members, 678; qualifica- tions of members, 679; to be called at least once a year, 681; power to make temporary laws without the assembly, 684; suggestion re num- ber of members, 690; number to constitute a quorum in Lower Canada, 692; number of mem- bers in Upper Canada, 695; number of mem- bers in Lower Canada, 695; membership may be annexed to titles of honour, 696; regulations governing holding of seats, 696-697; times and places of sittings, 700; rules governing bills pass- ed by, 701-702.
Council, Superior, appeals made to, under French administration, 40; powers of, 607, 609.
Council of War, sittings to be held at stated times, 34, 36.
Courts of Civil, Criminal and Ecclesiastical Juris- diction, may be erected by the King, 674, 683-684.
Court at Detroit, suggestion to establish, 326. Court of Admiralty. See Admiralty, Court of. Courts of Appeal, matters undecided by former courts to be referred to Governor in Council, 465. Courts of Justice, procedure suggested for, 248; suggestion made that they be held once a week, 248; changes suggested by Board of Trade, 269; Canadians complain of excessive fees in, 292, 294; plans by Hey and Pownall for establishment of, note 4, p. 411; regulations for, 421-425; variation in text of Carleton's instructions re establishment of, note p. 423; Loyalists complain of the expense and delay in attending, 525; re sittings of, 624; magistrates of Three Rivers suggest a weekly court for the recovery of small debts, 634; inhabitants of Three Rivers ask for court of sessions to be held quarterly for trial of small cases, 636-638; British merchants trading with Quebec pray for reforms in, 650; expense and delay in, 650. See also Justice, Courts of. Courtney, member of Opposition in British Parliament, 520.
Coûtume de Paris, referred to in terms of capitula- tion of Montreal, 18, 27; re authority of judges of inferior courts to adhere to, 187; referred to, 241, 235, 238, 313; Maseres' objections to revival of, 259; in operation in Canada by edict of Louis XIV, 312; suggestions re incorporation in Can- adian law of parts of, 330; reference to abstract of, 330.
Cox, Lt.-Gov., makes representation regarding cod- fisheries, 613.
6-7 EDWARD VII., A. 1907 Cramahé, H. T., references to, 30, 35, 36, 37, 167, 187, 193, 194, 196, 276, 280, 295, 296, 338, 339, 340, 343, 344, 346, 347, 352, 353, 381, 452, 455, 475, 482, 484, 486.
Cramahé, H. T., recommended by Murray for Lieutenant Governor at Montreal, 167, (see note on same page); made member of first Council, note p. 167; acts as Governor in Carleton's absence, note 3 p. 295; ap- pointed Lieutenant Governor, 295; letter to Dartmouth re granting Canadians free exercise of their religion, 338; letter to Dartmouth re petition of English inhabitants for an assembly, 343; petition from English inhabitants of Que- bec and Montreal for an assembly presented to, 345; letter to English inhabitants re their peti- tion for an assembly, 346; declines to grant petition of English inhabitants for an Assembly, note p. 347; letter to Dartmouth, re petition of English inhabitants for an assembly, 353; writes Dartmouth re invasion of Canada by rebels, 455.
Criminal Cases, English law to be followed in, 258. Criminal Code, Wedderburn's opinion on, note p. 377.
Criminal Courts, established by Quebec Act, 405; ordinance of 1787 re, 585; copies of proceed. ings to be transmitted to the governor, 659. Criminal jurisdiction, power to grant pardons in criminal cases vested in the governor, 129; the Chief Justice vested with power to sit on crim- inal cases, 190; changes suggested by Board of Trade re juries in criminal cases, 269; Thur- low's opinion on the proclamation of 1763, 307- 308; Carleton favours retention of French law, note p. 377; Wedderburn's opinions on forming a criminal code for Quebec, note p. 377; Eng- lish inhabitants protest that Quebec Act gives unlimited power to Governor and Council in mat- ters of, 418; Carleton favours re-introduction of French law, 454; ordinance establishing courts of criminal jurisdiction in the Province of Quebec, 1777, 471; ordinance of 1787 to explain and amend an ordinance for establishing courts of criminal jurisdiction, 585; execution of judg- ment to be suspended in certain cases. 659; proposal to incorporate English criminal law in the Constitutional Act, 689. See also Justice. Criminal Law of England, in force in Quebec, 229, 242; Carleton's remarks on, 258; suggestion by Wedderburn that it should not be transferred to Canada in its entirety, 300, 302; "Draught of an Act," by Maseres, provides for retention of, 374; to be observed in Province of Quebec, 393; Que- bec Act provides for retention of, 404.
Crown Lands, report of committee of council in settlement of, 639; opinions of Sir John Johnson with respect to the settlement of, 640-642; note re the basis of the reserves, note 1, p. 647; sug- gestion from Grenville concerning the reserva- tion of, 663. See also Lands.
Cugnet, F. J., secretary to the Governor in Coun- cil, references to, 210, 341, 373. Currency, Paper, negotiations with French govern- ment for redemption of, note p. 168. Custom Duties, Import and Export, application of English tariff in Quebec, 235. See also Duties. Customs Officers, to be excused from serving on juries or in militia "unless in case of absolute necessity", 138, 216.
Cuthbert, Capt. James, member of legislative council, 193, 194, 195, 475, 483, 484, 485, 486, 488, 517, 540.
Daly, Capt. P., Loyalist, signs petition to the King, 527.
Danser, John, on grand jury at Quebec, 155, 156.
Dartmouth, Earl of, references to, 172, 338, 339, 340, 343, 347, 349, 351, 352, 353, 373, 375, 376, 377, 379, 380, 381, 385, 387, 388, 389, 390, 400, 410, 411, 419, 433, 452, 453, 455, 456, 527. Dartmouth, Earl of, appointed Secretary of State, note p. 338; formed the collection of manuscripts known as the Dartmouth Papers," note p. 338; introduces Quebec Bill in House! of Lords, note p. 353; makes changes in first draught of Quebec Bill, as prepared by Wed- derburn, note p. 376; letter to Hillsborough re extension of boundaries of Quebec, 390; re plans of Hey and Pownall for establishing courts of justice, note 4, p. 411; expresses opinion to Carleton on the Quebec Act, 412; comments on the commission and instructions of Carleton, note p. 419; concerning the agitation for the repeal of the Quebec Act, 452.
Davison, George, member of legislative council, 552, 639.
Debate, freedom of, 212; opinion of Lord Sydney that speech of Chief Justice Smith is an attack on, 586. See also Freedom of Debate. 'Debt, English law on subject of arrest for, in force, 242, 277; suggestions for remedying abuses of the law relating to, 278; minor cases to be tried by judges of Common Pleas, 282; judgments may be satisfied by instalments at discretion of judge, 288; sworn declaration inay be required from debtor as to his effects, 327. DeGrey, William, Solicitor General, report re civil status of Roman Catholics, 171; report re the civil government of Quebec, 174 (see also p. 238). See also Yorke and DeGrey. Descheneaux, M., letter from committee of British inhabitants of Quebec, sent to, 341. Districts, French division of the three administrat- ive districts retained after the capitulation, note p. 31 (see also note p. 104); tempor- ary division of Quebec province for administra- tive purposes, 151; proposal to create new dis- trict for the administration of justice, 575-576; creation of five new districts by letters patent, 651; Carleton recommends that a lieutenant governor be appointed for the western districts of the Province, 655; the governor or lieuten- ant governor to divide each province into elec- toral districts, 669; representatives in Western districts, 675; the province to be divided into districts for electoral purposes, 698.
Division of the Province, Grenville's remarks on the division into two districts, 654; proposed line to divide the province, 655; Carleton ex- presses opinion re, 655; as proposed by draughts of Constitutional Act, 667, 677, 695. Dolben, Sir W., took part in debate on Canadian affairs in British House of Commons, 652. Dorchester, Lord, see Carleton, Guy.
Drummond, Colin, member of legislative council, 211, 276, 280.
Drummond, John, member of legislative council, 475.
Dufau, Berthelot, letter from committee of British inhabitants of Quebec, sent to, 341. Dumas, A., on grand jury at Quebec, 155, 156. Dumont, M., on grand jury at Quebec, 156. Duncan, Saml., on grand jury at Quebec, 155, 156. Dundas, Henry, letter to Carleton, concerning the working of the Constitutional Act, 692-694; appointed Secretary of State, 1791, note 2, p. 692: Secretary of State for Home Department in British Government, 692.
Dunk, George, see Halifax.
Dunn, Thomas, member of legislative council, re-
ferences to, 193, 276, 280, 475, 483, 484, 488, 501, 552, 570, 594, 597, 598, 599, 600, 601, 602. Du Pres, Comte, member of legislative council, 341, 552, 579, 591.
Duties, judgment of Lord Mansfield in case of Campbell vs. Hall, in action to recover money paid on sugar exported from Grenada to Canada, 366; suggestions re export and import, 633; to be regulated by British Parliament, 673; the legislatures of the provinces to have the dis- position of duties arising from commerce and navigation, 673, 707, 708.
Dyson, J., signs representation of Board of Trade to the King, 172.
Ecclesiastical Government, under French regime,
Ecclesiastical Jurisdiction, establishment of, under Anglican church, 139 (see also 217, 269, 270, 271); proposed regulations concerning exercise of Roman Catholic authority, 270, 271, (see also pp. 139, 217, 218, 233, 419); proposal to ap- point a superintendent of affairs in Roman Catholic Church, with restricted authority, 271; defined by Quebec Act, 405; instructions to Car- leton re, 425-428; referred to in instructions to Carleton of 1786, 556-559; regulations in Car- leton's instructions of 1786, 556-559; Bishop of Nova Scotia given jurisdiction over Quebec, New Brunswick and Newfoundland, 568; power of King to erect courts of, 674, 683-684; presenta- tion of parsonages subject to, 705. Education, condition of Protestant children owing to
want of instruction, teachers needed in Mont- real and Quebec, 350, 352; movement to apply revenues of Jesuits estates to, note p. 581 (see also 618); suggestions for advancing matters of, 627; proposal to establish public schools, 633, 631; petition from Three Rivers for a public school, 636, 638; referred to, 644, 645; loyalists petition for aid to establish schools, 648.
Egremont, Earl of, references to, 33, 37, 69, 72, 74, 96, 97, 108, 109, 110, 112, 116, 123, 124. Egremont, Earl of, approves system of justice and administration established by Amherst and Murray, notes pp. 33, 37; regulations to be made for establishment of government in Quebec, 93 (see note p. 96); succeeds Pitt as Secretary of State, 1761, note p. 96; on extent and settlement of new governments, also concerning commis- sions and instructions for governors, 108; clause in Treaty of Paris concerning Roman Catholic religion, 123.
Elections, regulations for election of members of Assembly, 669, 681, 698-699.
Eliot, Ed., member Board of Trade, 97, 107, 110, 112, 113, 274.
Emigrants, settlement in Nova Scotia, 598. Emigration, attitude of home government towards, note, p. 119.
English Language, Finlay's plan to adopt it in courts and free schools, 657.
English Law, suggestion to make English law gen- eral, with certain exceptions to be set forth by proclamation, 253; advantages and disadvan- tages of, 256; suggestion by Carleton to follow English law in criminal cases, 258; Wedderburn in favour of, in criminal cases, 302; British mer- chants trading with Quebec protest against aboli- tion of, 361; Quebec merchants desire certain parts of the law to be retained, 362; judges of Common Pleas oppose introduction of English law, quoting Quebec Act as their authority, 571; the retention of English law desired by English born subjects, 571; the English and the Loyalists desire English commercial law, 572; inhabitants of Quebec and Montreal peti- tion against the adoption of English common and statute law, 589; merchants of Quebec re- commend the re-introduction of common and statute law of England as the general rule in matters of personal property and civil rights, 614 magistrates of Quebec in favour of, 643;
English Law-Continued.
British merchants trading with Quebec petition for English commercial law, 650; opinion of Finlay that English law should be adopted for personal actions for debt, contracts, etc., 657. See also Laws of England.
English Criminal Law, Maseres in his draught of an act suggests retention of the English criminal law, 374; the Quebec Bill as returned from the Commons, provides for the continuance of the law in the province, 393; Quebec Act provides for retention of, 404.
Ermatinger, Lawrence, member of committee of Montreal petitioning for an assembly, 352. Examination, concerning facts and evidence, a paper by Judge Panet, 607, 609; ordinance of Louis XIV, 1667, gives litigants the right of, 607, 609.
Execution, against lands and goods, suggestion as to procedure, 250, 278, 282, 283; against houses and and lands, not allowed where matter is under £12, and only in default of personal property, 289; against lands and goods, rules in ordinance of 1777 re procedure, 468, 470, 535, 536, 537; exceptions under, 537; against the person, where defendant opposes the seizure of his effects, 537; against the person, as well as against lands and goods in commercial matters, 537 ; in case of appeal by executors, plaintiff not to proceed to execution without giving security as directed by the Common Pleas, 583; suspension of, in certain cases, 659; against land and goods, rules for, in the new districts, 661. Execution, Writ of, regulations concerning, in ordi- nance of 1785, 538. Executive Council.
Faneuil, Peter, member of the Grand Jury of Que- bec, 155, 156.
Fargues, Peter, member of committee of Quebec, agitating for an assembly, 341, 413.
Fees, complaints of excessive charges in courts of justice, 203, 292, 294; to be regulated by Gover- nor in Council, 215; Haldimand's remarks on fees of office under Government, 486; of com- missioners of justice in small causes to be regu- lated by the Governor in Council, 583. Ferrière, Monsieur, professor of law at Paris, 253. Feudal Authority, Canadians refuse to submit to, 453; vested in the noblesse, 453. Feudal Power of the Crown, Carleton's representa- tions for the restoration of in Canada, note p. 295.
Feudal System of the French, Carleton's views on, 389; Čanadians object to its restoration under the Quebec Act, note p. 453, note 1, p. 461, note 3, p. 473,
Feudal Tenure, Haldimand issues instructions re
lands settled by the Loyalists, note 3, p. 494. See also Land Tenure, and Tenure of Land. Fiefs, explanation of, 40, 41.
Field, Mr., officer of Royal Hospital at Quebec, 1762, 37.
Finlay, Hugh, references to, 475, 479, 483, 484, 486, 488, 500, 501, 503, 529, 552, 571, 572, 576, 578, 579, 581, 588, 594, 597, 598, 599, 600, 601, 602, 656. Finlay, Hugh, his opinion on the changes to be made in courts of civil judicature, 479; ap- pointed Postmaster General in Canada, notes p. 479, p. 486; letter re the repeal of the Quebec Act, 500-501; letter to Nepean, re.narks on the introduction of English commercial law and the attitude of the Canadians towards it, 571, 572, 573; protests against the vote of the Council for the commitment of a bill for the better adminis- tration of justice, 581; seconds a bill "to secure the Royal Revenues and to regulate the pro- ceedings in Crown causes, and to give the Sub-
Finlay, Hugh-Continued.
ject the benefit of appeal from large fines," note 7, p. 588; on proposed changes in constitution, 656; proposal to introduce English language in courts and free schools, 657.
Finlay, James, member of committee at Montreal petitioning for an assembly, 352.
Fisher, James, surgeon to the garrison of Quebec, 639, 640.
Fisheries, privileges of French subjects defined by Treaty of Paris, 75, 86, (see also p. 99); state- ment of the claims of Great Britain and France on the Atlantic coast and on the Banks of New- foundland, 98, 99; measures proposed to prevent encroachments of French, 98, 99, 146; sealing on the Labrador Coast, 358, 381; extension of bound- aries of Quebec, 382; instructions of 1775 direct encouragement and protection of, 428-429; privileges granted to United States by Treaty of Paris of 1783, 492; regulations concerning fisheries in the Baie de Chaleur, 496; first ordinance relating to, passed in 1795 "regulating the fish- eries in the River St. Lawrence, in the Bays of Gaspé and Chaleurs, on the Island of Bonaventure, and the opposite shore of Percé ", note, p. 497; remarks on the Newfoundland trade, 542; en- couragement to be given to the fisheries of New- foundland, Labrador and the St. Lawrence, 560; fisheries to be improved, 633.
Flitner, Zachariah, Provost Marshal of Quebec, 37. Forms, of declaration and summons, for use in civil actions, 536.
Forms of Oaths, 392, 403, 681, 682, 700, 701. Fortifications, state of in Quebec, 38, 196, 197; Gage's remarks on the state of, in the District of Montreal, 70; Governor in Council given power to build, fortify and demolish, 130; land to be set apart for, 141, 221; Carleton reccommends erec- tion of citadel at Quebec and place of arms at New York, 197, (see also pp. 197, 198); Carleton remarks on the necessity of, 227-228; Britain refuses to give up frontier posts on the great lakes, note p. 493; Carleton authorized to prepare an account of the state of the defences of the Province, 565.
Fox, Charles James, opposes the Quebec Bill, note 2, p. 520; charges the British Ministry with neglect concerning Quebec, note, p. 652. Fralton, George, member of grand jury at Quebec, 155, 156.
Franklin, Benjamin, signs Treaty of Paris of 1783, 493.
Fraser, John, member of the Legislative Council, 475, 484, 552, 579, 588, 590, 591, 592, 593. Fraser, Judge John, memorial to the Governor to vindicate him from the charges made by the Attorney General, 593.
Fraser, Malcolm, member of committee at Quebec, agitating for an assembly, 341, 351. Fraser, Peter, pilot on the St. Lawrence, 613. Fraser, S., merchant of Quebec, 619. Freeman, Constant, requested to furnish informa tion, re state of navigation in the St. Lawrence, 613.
Free schools, proposal of Finlay to adopt English language in, 652.
Freedom of Debate, provided for, 212, 554. See also Debate.
French Canadians, their adoption of British ideas of personal freedom, 453; their refusal to submit to feudal authority as restored by the Quebec Act, 453. See also Canadians, and Inhabitants. French Colonial Officers, inducements to leave Canada offered by France, 198, 320. French Criminal Law. See Criminal law. French Land Tenures, draught of an ordinance re- lating to, 204. See also Land Tenure.
« AnteriorContinuar » |