SESSIONAL PAPER No. 18

French Law, summary of, ordered by Carleton,
notes p. 210; suggestion to re-establish the whole
French law to the exclusion of the English, 252;
advantages and disadvantages of, 255; sugges
tion by Carleton to retain French law in civil
cases, 258; Chief Justice Hey's opinion on in-
expediency of reviving French law in civil
matters, 258; reasons given by Maseres for its
revival in certain cases, 260; to be observed
re land grants, 295, (see also p. 218-223); sugges
tion by Wedderburn re land tenure and distri-
bution of goods, 303; review of the system in
Canada by Thurlow, 305; followed in certain
cases, notwithstanding ordinance of 1764, 316;
Quebec merchants desire postponement of re-
vival of, 361; Quebec merchants in favour of,
363; re tenures and conveyance of land, 373.
See also French Law and Customs, and Laws
and Customs of Canada.
French Law and Customs, admitted in Court of Com-
mon Pleas where cause of action arose before Oct.
1, 1764, 150, 231; Canadians desire to be governed
by, 292, 294; petition of Canadians for restora-
tion of, 292, 293. See also Laws, French Law,
and Laws and Customs of Canada.
French Regime, state of government under, 40.
French troops, granted honours of war, 8, 21.
Frost, James, information requested from,

state of navigation in the St. Lawrence, 613.
Fulton, Geo. See Fralton.

re

Fur trade, duties from, 57, 71; sketch of, 100.
Gable, Benjamin, hangman at Quebec, 37.
Gage, General, references to, 31, 32, 37, 67, 72, 94,
104, 152, 153, 195, 259, 357, 410, 411, 451, 453,
458, 539.

Gage, General, appointed Governor of Montreal by
Amherst, 31, 32; report on state of government
of Montreal, 69; receives commission as Com-
mander-in-Chief of the forces, note p. 152; re
state of fortifications at Crown Point, Fort
George and Ticonderoga, 195, (see also p. 198);
asks for troops to aid in colonial troubles in the
south, 410; re formation of a Canadian militia,
and troops to quell rebellion in colonies to the
south, 450.

Gascoyne, Bamber, member of British Board of
Trade, 97, 107, 110, 112.

Gaol, power vested in Chief Justice to deliver
prisoners from, 191; proposal to build one in
Montreal, 625.

Gaspey (Gaspé), suggestion by Marriott to erect a
court at, 326.

Germain, Lord George, Colonial Secretary, 459, 460,
461, 473, 474, 475, 482, 487.

Gibbon, the historian, his opinion quoted, 652.
Gibson, John, map of North America engraved by
103.

Goldfrap, J., Deputy Registrar at Quebec, 132,
192, 195.

Goodall, William, merchant of Quebec, 593, 619.
Gordon, William, Clerk of the Crown at Quebec,
death of, 567.
Government, French division into three adminis-
trative districts retained after capitulation,
note p. 31, (see also p. 104); report on state of, by
Murray, 37; state of administration under
French regime, 40; report on state of, in Three
Rivers, by Burton, 61; report on state of, in
Montreal, by Gage, 69; Egremont on estab-
lishment of, in Quebec, 93 (see note p. 96);
necessity for regular form of, 102; temporary
division of Quebec Province, into two admin-
istrative districts, 151; proposal by Board of
Trade to grant representation to Canadians,
referred to, 172, 267-268; report of the Attor-
ney and Solicitor General, 174; proposed division
of Quebec into three administrative districts, 176;
Maseres' opinions on measures for settlement of

Government-Continued.

laws for Quebec, 181, 182, 183; administration of,
vested in Governor Murray, 264 (see p. 126); secret
report of the Lords of Trade on, note p. 263;
report of Lords of Trade re proposed regula-
tions and reforms for, 263; proposed conditional
admission of inhabitants to all offices under,
267; list of documents which served as a basis of
report of Lords of Trade, 274; Lords of Trade
suggest necessity of immediate measures of re-
form in Province of Quebec, 274; Solicitor Gen-
eral Wedderburn sets forth defects in mode of,
296; powers of Governor and Intendant under
French regime, 297; military government re-
ferred to, 297; abstract of regulations proposed
by Wedderburn, 302-303; sketch by Thurlow of
French system of, 305; summary of powers of
Governor, 306-7.

Government, French subjects petition the King
for restoration of old laws and customs, 354,
355; French inhabitants complain of not
being allowed to hold office under, 356, 358;
French subjects represent that colony is not
ready for an assembly and that a council con-
sisting of both old and new subjects would be
suitable, 357, 359; memorial of French inhabi-
tants to be allowed to hold civil and military
appointments, 357, 358; Maseres' letter to the
Lord Chancellor on proposed Act for settlement
of the laws of Quebec, 373; queries re govern-
ment of Quebec, 400; instructions to Carleton
(1775) re salaries and allowances of offices under,
452; Roman Catholic subjects request a more
adequate share in offices held under government,
518, 519; despatch from Hope to Sydney con-
cerning changes in the policy of, 538; commit-
tees of the legislative council make reports re the
future government of the province, 591; pro-
posed line of division of the province, 655:
Grenville's remarks on the proposed councils
and assemblies of the two provinces, 665;
Chief Justice Smith's remarks on the exped-
iency of a general government of all the
British dominions in North America, 685-687;
Grenville does not favour temporary estab-
lishment of a separate government in Upper
Canada, 692. See also Constitution.

Government Civil, introduction of in 1764, note
p. 33; draught of proclamation establishing,
93 (see also p. 119); proclamation relating to,
119, 237, referred to 242, 265, 291; established
by ordinance, 149; date of formal establish-
ment, note p. 149; Quebec Bill, as returned
from the Commons, revokes the proclamation
of October, 1763, relating to, 392. See also Con-
stitution, and Government.

Government, Military, Hamilton's opinion on the
inexpediency of, 528.

Governor, obliged to reside in the colony dur-
ing office, 107; proposal to grant temporary
powers to, 114; power given to, re appointment
of judges and other officers of justice, 129; author-
ity exercised only with consent of assembly,
243; limited power of, 244; limitations to his
power proposed, 521-522; Montreal mer-
chants object to the authority vested
in him, 545; the powers of the gov
ernors of Quebec, Nova Scotia and New Bruns
wick modified, 550; given power to divide the
province into electoral districts and to appoint
returning officers, 698; rules governing his action
on bills passed by council and assembly, 701-
702.

Governor General, proposal to appoint, 689.
Grain, export of, 482

Grand Jury, recommends appeal from military to
civil courts, 154, (see pp. 157, 160); resolves not to
"sit as jurors at any court where some man suffi-
ciently versed in the law does not preside," 154;
(see also pp. 157, 160); presentments of, 153;
(see also pp. 156, 159, 266); protests against ad-
mission of Roman Catholics as jurors, 155, (see
pp. 156, 158, 161), recommends Protestants as
jurors in certain cases, 156, 158, 160.

Grand Voyer, duties of, 40; appeals from, al-
lowed to the Intendant, 40.

Grant, Chas., member of committee of British |
inhabitants of Quebec, 341, 351.

Grant, Francis, Governor of East Florida, 108,
116, 124.

Grant, Robert, interested in lawsuit over an es-
tate, 570, 578, 612.

Grant, William, references to, 167, 341, 475, 480,
483, 484, 485, 486, 488, 501, 502, 540, 552, 579,
581, 588, 590, 591, 592, 619.
Grant, William, his opinion concerning alterations
to be made in the judicial system, note 2, p.
480; in favour of an assembly, note p. 502.
Grant, James, make observations re West Indian
trade, 613.

Gray, Major James, signs petition to the King on
behalf of the Loyalists, 527.

Great Lakes, French clain exclusive navigation on,
99, 100; refusal of England to withdraw from
the frontier posts on them in consequence
of the non-fulfilment by the United States
of articles of the Treaty of Paris of 1783
relative to confiscated lands, note p. 493; re-
quest that inhabitants have free use of, 649.
Gregory, Chief Justice, appointment of, note p.
149; dismissed from office, note p. 178; mem-
ber of first legislative council, appointed by
Murray, note p. 193.

Grenville, Lord William Wyndham, references to,
419, 510, 662, 663, 667, 674, 678, 685, 690.
Grenville, Lord William Wyndham, appointed Sec-
retary of State, June 1789, note 1, p. 662; secret
despatch to Carleton concerning the first
draught of the Constitutional Act, 662; letter
to Carleton, discussing the proposed Constitu-
tional Act, 663-666; despatch to Carleton re-
questing his opinion on the first draught of the
Constitutional Act, 664; on proposed changes
in constitution, 665, 666; letter to Carleton,
discussing the first and second draughts of the
Constitutional Bill, 690.

Grey, William De, report of, as Solicitor General, re
civil status of Ronian Catholics, 171; as Solicitor
General, makes report on civil government of
Quebec, 174.

Grimaldi, Marquis de, signs Treaty of Paris,
80, 90.

Guardianships and Trusteeships, opinion of Judge
Panet relating to, 608, 611.

Gugy, Conrad, member of legislative council,
475, 483, 484.

Gummersall, Captain Thomas, signs petition to the
King on behalf of the Royalists, 527.
Habeas Corpus, proposal of Maseres to incorporate
Habeas Corpus in Quebec law, 374; English
inhabitants protest against being deprived of, |
by the Quebec Act, 415, 417, 418; comment on
the law of Habeas Corpus, in the instructions
to Carleton in 1775, 423, (see also pp. 300, 331);
Carleton's remarks on, 454; proposed by Haldi-
mand, 499 (see also pp. 489, 504, 512, 514); Finlay's
remarks on, 500-501; writ of, to be issued in
manner prescribed by Statute 31, Chas. II, 521.
Haldimand, Lord, references to, 8, 152, 421, 424,
474, 47, 476, 477, 478, 479, 480 482, 487, 490,
495, 496, 497, 499, 501, 503, 529, 538, 539, 546,
552, 567, 603.

6-7 EDWARD VII., A. 1907

Haldimand, Lord, instructions of 1778, 474; appoint-
ment as Governor of Quebec, note p. 474: in-
struction of 1779, 476, 477; instructions of
1779, as to what constitutes a quorum of the
legislative council, 476; instructed to pass
an ordinance authorizing the Chief Justice
to preside and be a member of the Court
of Common Pleas 477; directed to commu-
nicate to the council everything in his in-
structions wherein their advice and consent is
made requisite, 477; disregards instructions in
dealing with the council, note p. 477; despatch
to Germain, reviews the discussion concerning
alterations in the judicial system, 482; despatch
to Germain, on the constitutional power of the
council to prohibit the export of grain and
flour or to fix an arbitrary price, 482; issues pro-
clamation prohibiting export of wheat and of
flour, note 1, p. 483; remarks on the undue
influence of a combination on the market, 485;
his remarks on fees of office under government,
486; gives his reasons for not conmunicating
certain of his instructions to the legislative
council, 487-489; King approves of his conduct
as commander, but regrets that his action as
civil governor cannot be regarded in so favour-
able a light, note 3. p. 487; signs ordinance to
regulate proceedings in courts of civil judica-
ture, 490; instructions of 1783, 494.
Haldimand, Lord, authorized in 1783 to make
grants of land to the loyalists from the Amer-
ican colonies desiring to settle in Canada, 494;
instructions of May, 1785, 495; instructions
of July 1785, 496; makes regulations for
the fisheries in Baie des Chaleur, 496; de-
spatch to North, concerning negotiations with
a section of the people of Vermont, 497;
his opinion that the Quebec Act should be
kept in force, and that the authority of the
council to alter certain parts of French civil law
and English criminal law should be used with
discretion, 498; despatch to North, intends to
propose an ordinance for the introduction of the
Habeas Corpus Act, 499; introduces an ordin-
ance for the better security of the liberty of the
subject, note 1, p. 501; his answer to an address
from the council expressing satisfaction with
the Quebec Act, note p. 502; returns to Eng-
land, 1784, note 1, p. 527; opposes the extension
of British institutions in Canada as advocated
by Lieutenant Governor Hamilton, note 1. p. 327;
withholds instructions relative to the govern
ment of the province from Hamilton, note 2, p.
527; draws up a memorandum on civil affairs,
note 3, p. 539; is succeeded by Carleton as Cap-
tain General and Governor in Chief of Quebec,
note 2, p. 550; extract of letter from North
authorizing aid for the Loyalists, 580.

Halifax, Earl of, references to, 112, 113, 114, 117,
119, 121, 123, 124, 126, 152, 153, 172.
Halifax, Earl of, letter on the extent of new pro-
vinces, 112; succeeds Egremont as Secretary of
State, 113; approval by the King of the pro-
clamation establishing civil government, 119
Hall, William, defendant in suit of Campbell vs.
Hall, 366.

Hamilton, Lieut.-Governor, references to, 501, 303,
527, 529, 531, 539, 546.

Hamilton, Lieut. Governor, despatch to Sydney,
admits that he is not sufficiently informed about
the Province, 527; as president of the legis
lative council advocates the extension of British
institutions in Canada, note 1, p. 527; received
appointment as Lieutenant Governor at Detroit,
note 1, p. 527; assumes office of Administrator
of Civil Government in absence of Haldimand in
1784, note 1, p. 527; applies to Sydney for in-

SESSIONAL PAPER No. 18

Hamilton-Continued.
structions, which had been refused him by Haldi-
mand, relative to the government, note 2, p.
527; suggests that the time is opportune for
amendment of the constitution, 528; despatch
to Sydney, his views on the loyalty of the
French, 528; despatch to Sydney, desires to
render justice to all, 529; dismissed from the
lieutenant governorship, note 2, p. 529; under
his administration provision for trial by jury in
civil cases was incorporated in ordinance for
regulating procedure in civil courts, note 3, p. 529.
Harrison, Edward, member of legislative council,
475, 483, 484, 552, 579, 581, 589, 590, 391, 592,
612, 619.

Hartley, David, signs Treaty of Paris of 1783, 493.
Hawke, Sir Ed., member of Privy Council, 199.
Hazen, Capt., bring news to Carleton of advance
of Benedict Arnold upon Quebec, 453.
Hervey, Capt., in command of British forces at
Trois Riviéres, 66.

Hey, Chief Justice William, references to, 178,
190, 195, 203, 229, 258, 279, 305, 315, 339, 377,
379, 385, 387, 411, 412, 455, 456, 480.
Hey, Chief Justice William, commission of, note p.
178, (see also p. 315); reports on the inexpediency
of reviving whole of French law in civil matters,
238; signs report of Committee of Council on
Administration of Law by Justices of the Peace,
279 temporary ordinance passed, providing for
discharges of his duties by a commission during
his absence, note 3, p. 339; assists Wedder-
burn in framing part of the Quebec Act, note
p. 377; his opinion on the criminal law proposed
for Canada, note p. 377; his opinion concern-
ing the Quebec Bill, note p. 379; extract of
letter to Dartmouth re plans for ordinance
establishing courts of justice, note p. 411;
returns to Canada, note p. 412; letter to the

Lord Chancellor concerning the state of military
affairs in the province, and the attitude taken
by the Canadians in the invasion by the rebel
colonists to the south, 456; requests to be re-
lieved from office, 458.

Hey and Pownall, memo re establishment of courts
of justice, note p. 411.
Heywood, William, signs memorial from Mon-
treal to Dartmouth, 352

Hillsborough, Earl of, references to, 114, 116, 207,
227, 244, 258, 263, 265, 274, 275, 276, 295, 338,
384, 388, 389, 390.
Hillsborough, Earl of, appointed first Secretary of
State for the colonies 1768, note p. 207; signs re-
port of Board of Trade on state of Province of
Quebec, 274; his objections to the third draught
of the Quebec Bill, 388.

Holland, Capt., member of legislative council, 37,
39, 193, 194, 484, 552, 579, 581, 588, 589, 590,
591, 592, 639, 640.

Hope, Colonel Henry, references to, 527, 529, 538,
545, 546, 547, 550, 551, 552, 579, 590.
Hope, Colonel Henry, made Commissary General,
note 1, p. 527; succeeds Hamilton as Lieutenant
Governor of Quebec, note 1, p. 527; appointed
Lieutenant Governor of Quebec, note 2, p.
529, note 1, p. 538; despatch to Sydney, concern-
ing change in the policy of government, 538;
suggests that the legislative council have
more than six Canadian Catholics as members,
540; his opinion on granting the Loyalists a
separate government, 540; despatch from Syd-
ney offering him the lieutenant-governorship of
New Brunswick should Colonel Carleton, the
present holder of the office, desire to become
Lieutenant Governor of Quebec, 551; his atti-
tude towards two bills introduced by Chief
Justice Smith, note 7, p. 588.
18-3-46

Huntley, R., signs memorial from Montreal to
Dartmouth, 352.

Howard, P. W., merchant of Jamaica, writes
re trade with West Indies, 613.
Imprisonment for Debt, abuse of authority by Jus-
tices of the Peace under Ordinance of Septem-
ber 1764, 277-278. See also Capias, and Debt.
Imprisonments, suggestions by Marriott to regu-
late, 324.

Indians, to enjoy freedom of their religion and to
maintain their lands, 17, 27; characteristics
of Indian nations, 54; population of Three
Rivers, 67; their rights to be protected, 145,
223; referred to, 339; administration of justice
at trading posts, 428; plan for the management
of Indian affairs referred to in Carleton's In-
structions of 1775, 433; division of country into
two districts for trading purposes, 433; outline
of duties and powers of superintendents and
commissaries, 434-435; lists of tribes in the
Northern and Southern Districts of North
America, 437; appointment of superintendent
of, note p. 451; measures to maintain the loyalty
of the Indians who supported the British cause
during the rebellion, 526; visit of La Fayette
to western tribes, 528; England's policy towards,
547; British Government to make compensation
for their losses sustained during the war, note
1, p. 547.

Indian Lands. See Lands, and Lands Indian.
Indian Trade, remarks on, 100; instructions re
appointment of superintendents for trading
posts, 424, 428; merchants of Quebec object to
an ordinance relating to, 473; suggestions for
the removal of inconveniences attending, 543;
referred to, 618; Loyalists request measures for
the benefit of, 649. See also Trade, Indian.
Inglis, Doctor Charles, appointed Bishop of Nova
Scotia with jurisdiction over Quebec, New
Inhabitants, remarks by Burton on those of Three
Brunswick and Newfoundland, 568.
Rivers, 65; required to take oath of allegiance,
139, 217; Carleton's remarks on the possibility
of revolt, 227. See also Canadians, and French
Canadians.

Instructions to Murray, (1763), 132; interpretation
of Proclamation of 1763, note p. 163; extract of,
re amendment of ordinance establishing Civil
Courts, note, p. 173.

Instructions to Carleton, (1768), 210; (1771), 295;
(1775), 419, 450; (1786), 552; (1787), 567, 568;
relating to trade and navigation (1775), 438;
memorandum used in framing instructions of
1775, note 1, p. 419; regulations for the Legisla-
tive Council (1775), 420; directions to Legislative
Council for establishment and regulation of
Courts of Justice, 421-425; regulation of eccle-
siastical affairs, 425-428; provisions for encour-
agement and protection of Indian trade and
fisheries on the Labrador coast, 428-429; system
of land tenure as given in, 429; re salaries and
allowances of offices under government, 432; re
clearance of vessels, 448, 449; Finlay's opinion
that the 12th article of instructions of 1786,
would be a suitable basis upon which to frame
a Constitution, 656.

Instructions to Haldimand, (1778), 474; (1779), 476;
(1783), 494; (1785), 495, 496; the Chief Justice
to preside and be a member of the Court of
Common Pleas, 477; opinion of the legislative
council on executing alterations in the judicial
system, 481, 494.

Invasion of Canada, letter from Cramahé, referring
to, 455.

Iron works at St. Maurice, reservation of land ne-
cessary for, 144, 222, 563.

Irving, Paul Aemilius, references to, 37, 172, 173,
174, 187, 188, 193, 194, 195.

Irving, Paul Aemilius, Lieutenant Colonel and
Deputy Quarter Master General at Quebec,
37; acting Governor, signs ordinance giving
Canadians the right to act as jurors in civil and
criminal causes, 173, (see p. 175); signs ordnance
establishing Michaelmas term for sittings of
Supreme Court and Court of Common Pleas, 174;
his criticisin of the administration of justice, 187.
Jackson, Richard, assists Hey to draught an ordin-
ance re courts of justice, note 4, p. 411; coun-
sel for the Board of Trade; his opinion on
amendments for the Common Pleas requested,
note p. 478.

Jay, John, signs Treaty of Paris of 1783, 493.
Jenyns, Soame, member of the Board of Trade,
97, 107, 172, 274, 419.

Jessup, Colonel Eben, signs petition to the King
on behalf of the Loyalists, 527.
Jessup, Major Edward, signs petition to the King
on behalf of the Loyalists, 527.

Jesuits Estates, concerning disposal of, note 1,
p. 581; suggestion to apply the revenues to the
various branches of education, 618; referred to,
627.

Johnson, Colonel Gay, signs petition on behalf of
Loyalists, 527.

Johnson, Sir John, references to, 494, 524, 549, 552,
579, 581, 588, 639, 640, 642, 645.

Johnson, Sir John, his petition to the King, 524;
certifies as to the losses of the Mohawks during
the war, 547; his opinion with respect to the
settlement of Crown lands, 640-642; letter from
magistrates of Cataraqui concerning trade and
land tenure in their district, 642-644; letter from
the magistrates of Cataraqui concerning the
administration of justice in that district, 642-644;
letter from the magistrates of New Oswegatchie,
re population, agriculture and the settlement of
Crown lands, 645.

Johnson, Sir William, referred to, 339; sketch of,
note 2, p. 451.

Johnstone, Alexander, member of the legislative
council, 475.

Johnstone, Captain Alexander, in command of
company of troops at Three Rivers. 66.

Johnstone, George, Governor of West Florida, 108,
116, 124.

Johnstone, James, foreman of the Grand Jury of
Quebec, 155, 156, 619.

Johnstone, Sir James, favours establishment of
House of Assembly, 652.

Joliffe, W., meniber of the Board of Trade, note,
p. 419.

Journals of Council, list of those used by Carleton
in his report, 587.

Judges, to be appointed by the Governor, 129; re
the appointment, or removal of 137, 522, 556;
general rules of practice, 177; arbitrary powers
held by French judges, 187; those of Superior
Court, to be instructed to adhere to the
Custom of Paris, 187; number of, in Quebec,
at time of conquest, 209; to be appointed
by the majority of members of council, 215;
additional appointment for Court of Com-
mon Pleas at Montreal, 278; may order the
satisfaction of judgments by instalments, 288;
suggestions by Marriott re limitation of juris-
diction, 323, 324, 326; instructions to Carleton
(1775) to regulate appointment of, 424; by ordin-
ance of 1777, decision of judges to be final in
matters under value of £10, 464; suggestions
for regulating appointment and fees of judges,
504; referred to, 512, 515; investigation into
charges against the judges of Common Pleas
does not establish corruption on their part, note
3, p. 593: powers of the first judge appointed
for the district of Hesse, 659; power of the King
to appoint, 674, 684.

6-7 EDWARD VII., A. 1907

Judicature, Privy Council's resolution requiring re-
port on defects in the state of, 199, 200; Gover
nor to report on the condition of the Judica-
ture in the Province of Quebec, 199, referred to,
272; alleged defects to be reported on, 201;
Governor in Council given power to constitute
courts of, 214; Maseres' suggestion for establish-
ment of three Royal courts of, 247, 260; sugges
tions for reform in execution of law, 301. See
also Jurisdiction.

Juries, Canadians given right to act as jurors, note
p. 149, (see pp. 156, 160, 230, 266); dissatisfaction
of British traders with permission given to Can-
adians to act as jurors, note p. 150; Murray re-
commends that Canadians act as jurors, 167;
ordinance granting Canadians right to act as
jurors on civil and criminal causes, 173, 267, (3€€
p. 175); ordinance relating to composition of, in
civil matters, 173, (see p. 175); verdicts to be
carried by majority of jury, 249; suggestions for
forming a panel in criminal cases, 269; sugges-
tions by Board of Trade re juries in criminal cases,
269; Marriott's remarks on juries in criminal
cases, 324; English inhabitants protest against
being deprived by the Quebec Act of trial by jury,
414, 417, 418; petition that optional juries be
granted on all trials in courts of original juris-
diction, that they be balloted for and a panel
formed as in England, 504; objections to pro-
posed optional juries on trials in courts of ori-
ginal jurisdiction, 512, 515; clause amending
the Quebec Act, providing for trial by jury in
civil cases when desired, 524; regulations for
forming a panel, 533; ordinance of 1787 pro-
vides that where there is no jury the fact be
inserted in the record of the cause so that in
event of appeal the case may be tried in the
superior tribunal as fully as before the Com-
mon Pleas, 582; Quebec merchants advise that
juries be granted in all courts having original
jurisdiction, 615.

Jurisdiction, Civil, suggested that Indian lands be
included under civil jurisdiction, 109; Court of
Common Pleas at Montreal constituted an in-
dependent court with original jurisdiction, 282;
in Illinois, Detroit, St. Vincenne, Gaspe and
Michillimackinac, 424, 428; ordinance of 1777
confirms judgments of civil courts, 465. See also
Judicature.

Jurisdiction, Criminal, An Ordinance of 1787 to
explain and amend an Ordinance for establish-
ing courts of," 585. See also Judicature.
Jurisdiction, Ecclesiastical, Carleton's instructions
of 1775 on the regulation of, 425-428.
Jurors, protest of French jurors in reference to the
"Presentments of the grand jury of Quebec,"
156, 159; methods suggested in selection of
249; suggestions for a double panel, 251 (see p.
328); concerning qualifications of, 533, 572, 604;
list of jurors in town of Quebec in support of the
objections to trial by jury in civil causes, 606 ;
qualifications of, in the five new districts, 658.
Jury, Trial by, right of, granted in Court of Com-
mon Pleas, 150, 230; merchants of Quebec protest
against abolition of, 473; Haldimand in favour
of, 488-489; remarks of Finlay on, 500-501; re-
fusal of legislative council to grant trial by
jury in civil cases, 501; ordinance establishing
trial by jury, (1785), 529; clause in ordinance of
1785 providing for trial by jury in certain case
at the option of the parties concerned, 531 =
reasons given by the noblesse for their objection
to, 573; proposal to deprive English born sub-
jects of trial by jury in certain cases, 373;
memorandum of the council relating to, t2,
603, 604. 605; list of jurors in town of Quebec,
606; objections of Canadians to be investigated,
653, 655. Ser also Trial by Jury.

SESSIONAL PAPER No. 18

Justice, extract of proposed additional instruction
to Murray re administration of, note p. 163;
ordinance regulating composition of juries in
civil courts, 173; suggestions for the improve-
ment of administration, 187; complaint of Cana-
dians re delay and expense in courts of, 202;
Carleton suggests reforms in administration,
205; delay and expense in administration of, to
be remedied, 205-206; draught of report of
Governor in Council re state of administration,
228; laws of England followed in Quebec, 229;
expense and delay arising in the administration
of, 245-247; proposed division of province into
three administrative districts with three royal
courts, 247; proposal to divide Quebec into three
judicial districts, 247; plan for the administration
of, proposed by Maseres, based on Quebec system,
247-252; Maseres proposes system similar to that
in force during French regime, 247-252; four
different methods suggested to settle the laws
of the province, 252; plan to settle laws of pro-
vince drawn up for Carleton, 257, (see also note
p. 258); Maseres' criticism of Carleton's plan to
settle laws of province, 258; chief complaint of
Canadians is expense and delay in legal matters,
260; ordinance of September, 1764, gives rise to
delay and expense in suits concerning civil pro-
perty, 266; changes suggested by Board of Trade
re circuit courts, 269; report of committee of
council on administration by Justices of Peace,
276; suggestion to annul authority given by
ordinance of September, 1764, to Justices of the
Peace in matters of civil property, 278.
Justice, ordinance of February, 1770, for the
more effectual administration of, and for regu-
lating the courts of law, 280; on the dis-
pensation of justice in small cases, 288; ordi-
nance for the more effectual administration
of, 290; Canadians desire to be governed by
French laws and customs, 292, 294; defects in sys-
tem set forth by Solicitor General Wedderburn,
296; remarks on expense and delay in adminis-
tration, 301; suggestions for appointing com-
missioners of the peace with limited powers, 304;
general remarks and propositions by Thurlow,
305-310; Carleton's instructions of 1775 give
directions to Legislative Council for establish-
ment and regulation of courts, 421-425; plan for
the extension of, to the Indian country, 434-435;
ordinance for establishing courts of civil judi-
cature in the Province of Quebec, 1777, 464;
ordinance to regulate the proceedings in the
courts of civil judicature in the Province of
Quebec, 1777, 466; ordinance for establishing
courts of criminal jurisdiction in the Province
of Quebec, 1777, 471 (see also 555, 556); proposed
ordinance "for the relief of the poor by the Dis-
pensation of Justice in small causes," 572, (see
note p. 576); draught of an ordinance framed by
Chief Justice Smith for the better administration
of justice, and to regulate the practice of the
law, 574; administration of, referred to in 12th
article of Carleton's instructions of 1786, 575;
commissioners appointed for the dispensation of
justice in small causes, regulating their fees and
the extent of their jurisdiction, 583; Governor
authorized to form new districts for the admin-
istration of justice, 583.
Justice, concerning arraignment by Attorney
General Monk of the administration of justice
in the courts of Common Pleas, note 3,
p. 586, (see p. 588); letter from Carleton to
Sydney on his investigation of the conditions
of the Province, 587; the Chief Justice to
make an investigation into charges against
administration, 592; report of the committee,
of council on, 594; confusion in the courts
from want of uniformity in the laws, 614;
18-3-461

Justice-Continued.

.

delay and expense in the courts, 615; sug-
gestion for the less frequent holdings of courts,
615; suggestion to erect more districts for the
administration of justice, 615; confusion aris-
ing from mixture of different laws, 619, 621; in-
habitants at Three Rivers complain of the ex-
pense and delay in, 635, 637; magistrates of
Cataraqui complain of the expense and delay in
their district, 643; Loyalists desire a separate
government dependent on Lower Canada, 645.
See also Justice, Courts of.

Justice, Courts of, authority to constitute courts
granted to Governor and Council, 121, 237;
Governor in Council given power to erect, 129,
137; ordinance for establishing and regulating,
149, 230; general rules proposed for judges in
personal actions, 177; committee appointed to
report on matters relating to, 591; report of
the committee of council, relating to, 594. See
also Justice.

Justice, Military Courts of, established by Murray,
33, 35.

Justices of the Peace, powers defined according to
ordinance of September 1764, 150, 231; regula-
tions concerning appeals from decisions of, 150,
231; proposed limitation of powers of, 176;
appointment of, by consent of the majority of
the council, 215; report of council on adminis-
tration of law by, 276; complaints re adminis-
tration of law in Montreal by, note pp. 276-278;
exceed authority vested in them by ordinance of
September, 1764, 277; suggestion to annul author-
ity given by ordinance of September, 1764 in
matters of civil property, 278; proposed appoint-
ment of, by special commission, for towns of
Quebec and Montreal, 279; authority in matters
of property confined by ordinance of February,
1770 to those acting under a special commission,
280; penalty for violation of ordinance 281; in-
structions to Carleton (1775), to regulate appoint-
ment of, 424; Governor in Council authorized
to appoint justices for small causes, 583; auth-
orized to appoint peace officers for the towns,
585; officers of militia authorized to act in the
country parishes as justices, 585; suggestion
that the power given to them by the ordinance
of 1764 be restored, 615; suggestion to grant an
extension of jurisdiction to, 631; any three
justices empowered to hear and determine
breaches of the peace and petty larceny, 660.
Keene, Whitshed, member of British Board of
Trade, 419.

King's Bench, Courts of, established by ordinance
of, 1777, 471; duties of, 471; terms of sittings,
471; suggestion to restore its former jurisdic-
tion and powers in civil causes, 615, 624. See also
Superior Court.

Kingston. See Cataraqui.
Kneller, Henry, receives temporary appointment
as Attorney General, note p. 276, note p. 280;
death of, note 4, p. 483.

Knox, William, his remarks concerning the third
draught of the Quebec Bill, 389; other referen-
ces to, 377, 381, 388, 389, 390.

Labrador Coast, to be under the authority of the
governor of Newfoundland, 120; French subjects
desire to be under the protection of Quebec,
358; encouragement of fisheries on, 428, 429;
fishery rights of Canadians on, to be protected
as directed in Carleton's instructions of 1775,
428-429; encouragement to be given the fisheries,.
428-429, 560.

LaCorne, Abbé de, Dean of the Chapter of Que-
bec, 51.

LaCorne, St. Luc, member of legislative council,
references to, 475, 483, 502. See also St. Luc.