change in the laws of inheritance in that province may probably become expedient in fome time hence, in order to avoid the inconveniences therein alluded to and complained of in the foregoing French paffage.

The law of inheritance, which the faid attorney-general conceives would be moft beneficial to the province, may be expreffed as

follows:

there is only one

holden by one

grant, fhall be

"If there be only one piece, or lot, of land, that is holden by The law of inonly one original deed of grant from the lord of whom it is holden, heritance, when (whether the faid piece of land be holden of the king, or of any lot of land, one other lord, and whether it be holden by fealty and homage, as the original deed of feigniories and fiefs in the faid province, or by rent-fervice, or any by primogeni other tenure whatfoever); and the perfon fo dying inteftate, leaves ture. either one fon, and one or more daughters, or feveral fons, and feveral daughters, the faid piece, or lot of land, fhall defcend to fuch only, or eldest, fon alone, to the exclufion of all the other fons and daughters, agreeably to the law of England.

And if there be no fons, but only daughters, the faid piece or lot of land fhall defcend to the eldest daughter alone, to the exclufion of all the other daughters, notwithstanding that in this cafe the law of England would direct an equal partition to be made thereof amongst all the daughters. And the reafon hereof is, that great inconveniences have been already found, and more are likely to arife in the said province, from the too great fubdivifion of these original lots of land, by repeated partitions thereof amongst the coheirs and coheireffes of their last owners; the faid lots of land being for the most part, in their first establishment by the grants of the lords of whom they are holden, made only of fuch a moderate extent and magnitude, as is beft adapted to the convenient maintenance of the inhabitants of the faid province, and the increase of it's cultivation.

tance when

But if there be two or more pieces or lots of land, holden by Law of inheri two or more separate original deeds of grant, whether they are there are two or holden of the fame, or of different lords, and there be feveral chil- more lots of dren of the person so dying inteftate, they shall not in this cafe all by different origo to the eldest son, or daughter, to the exclufion of all the others, grant.

Gg 2

as

land holden

ginal deeds of

as in the former cafe, but shall be diftributed in feparate original lots to all, or several of the faid children, according to the following rules.

If the number of the several diftin&t original lots of land, holden by different original deeds of grant, is equal to the number of children of the inteftate, each child fhall have one lot, the eldest fon chufing the first lot, then the fecond fon chufing another, then the third a third, and fo on, till all the fons fhall have chosen their feveral lots; and then the daughters fhall chufe the remaining lots in the fame manner, every elder daughter chufing before the younger.

If the number of lots of land is fmaller than that of the children, the eldest fon fhall chufe one lot, then the second fon another, and fo on, through the several fons in order of their seniority, and afterwards through the elders of the daughters, till all the lots are exhausted; and the remaining fons or daughters, after all the faid lots of land shall be thus exhausted, shall have no fhare or interest whatsoever in the faid lands.

If the number of lots of land is greater than that of the children, the remaining lots, after each of the fons and daughters shall have chofen one, shall be distributed among the faid children a fecond time in the fame manner as before, the fons chufing before the daughters, and the elders of each fex before the younger of the fame fex; and fo for a third and fourth time, or oftener, until all the faid lots shall be exhausted.

And if there are both children and grand-children of the perfon fo dying inteftate, the grand-children fhall reprefent their respective parents, and fucceed to the lands of fuch inteftate in their stead; each fet of grand-children taking that part of the faid lands which their deceased father or mother would have taken if they had been living at the death of such inteftate. And the faid part of the said lands fhall defcend among the faid grand-children in the fame manner and order of fucceffion and distribution as if their father or mother had first out-lived the faid inteftate, and fucceeded to the faid part, and then died immediately after him. And the fame rule of repre

sentation

fentation shall take place with respect to great grand-children, and other more remote defcendants of the person fo dying intestate.

parents shall in

And if there are no children, or grand-children, or other more In default of remote descendants of the perfon fo dying inteftate, but his father is defcendants of the perfon dying alive, his father shall inherit all his lands; and if the father be dead, inteftate, his but the mother be living at the death of such inteftate, his mother herit his lands shall inherit them; any cuftom or law of England to the contrary hereof in any-wife notwithstanding.

and their de

fucceed to them.

And if there be no children, or grand-children, or other more In the next place, the broremote defcendants of the perfon fo dying inteftate, living at the thers and fitters time of his death, and his father and mother are likewife dead be- of the inteftate, fore the said time, the brothers and fifters of the said inteftate fhall fcendants, thall fucceed to his faid lands in the fame manner and order of fucceffion and distribution as his fons and daughters would have fucceeded to the fame, if he had left any. And if fome of the brothers and fifters of the faid inteftate fhall be dead, and have left children, or grand-children, or other more remote descendants who shall be living at the time of the death of the faid inteftate, thefe children, or grandchildren, or other more remote defcendants, fhall fucceed to their ancestor's fhare of the lands of the faid inteftate by right of representation, in the fame manner as the grand-children, or other defcendants of the inteftate himself are appointed to fucceed to their anceftor's fhare of the lands of fuch inteftate in the cafe of a direct lineal descent.

ther's father.

And if there are no children, nor grand-children, nor other more Then the faremote defcendants of the perfon fo dying inteftate, and his father and mother are both dead at the time of his decease, and there are no brothers or fifters, or children, grand-children, or other more remote defcendants of any brothers or fifters of the faid intestate living at the time of his decease, his father's father fhall fucceed to his lands; and in default of his father's father, his Then the fafather's mother fhall fucceed to them; and in default of her alfo, Then the chil the children and grand-children, and other more remote defcend-drens other ants of the inteftate's father's father shall fucceed to them in the the father's fame manner and order of fucceffion and distribution as the inteftate's own children and their defcendants would have fucceeded to them, if he had happened to leave any.

ther's mother.

father.

of

And

Then the father and mother

father.

And in default of all the relations before-mentioned, the father of the inteltate's of the father of the inteftate's father fhall fucceed to his faid lands; paternal grard- and in default of him, the mother of the father of the inteftate's Then the chil- father fhall fucceed to them; and in default of her alfo, the children and other dren and grand-children, and other more remote defcendants of the faid father the faid father of the father of the inteftate's father, fhall fucceed to tate's paternal them in the fame manner and order of fucceffion and diftribution as grand-father. the inteftate's own children and their defcendants would have fucceeded to them, if he had happened to leave any.

defcendants of

of the intef

"The the father

mother.

Then the mo

ther.

And in default of all these relations by the father's fide, recourse of the inteftate's fhall be had to the relations on the inteftate's mother's fide; and the father of the inteftate's mother shall fucceed to his faid lands; and in ther of his mo- default of him, the mother of the faid inteftate's mother fhall fucceed Then the chil- to them; and in default of her alfo, the children and grand-children and other dren, and other more remote defcendants of the father of the faid the faid father inteftate's mother fhall fucceed to them in the fame manner and order of fucceffion and diftribution as the inteftate's own children and other defcendants would have fucceeded to them, if he had happened to leave any.

defcendants of

of the inteftate's mother.

Then the father

and mother of

father.

And in default of these alfo, the father of the father of the inthe inteftate's teftate's mother shall fucceed to his faid lands; and in default of maternal grand- him, the mother of the father of the inteftate's mother fhall fucceed Then the chil- to them; and in default of her alfo, the children and grand-children and other dren, and other more remote descendants of the father of the father the faid father of the faid inteftate's mother, fhall fucceed to them in the fame maternal grand-manner and order of fucceffion and distribution as the inteftate's own children and their defcendants would have fucceeded to them, if he had happened to leave any.

defcendants of

of the inteftate's

father.

the foregoing

In default of all And if all the relations before-mentioned are wanting to the inrelatos, the testate, his lands fhall escheat or revert to the feveral lords of whom inteftate fhall they are holden respectively.

lands of the

efcheat to the lords of whom

they are holden.

NUMBER

NUMBER XXXI.

IT is faid in the foregoing opinion of the attorney-general of the province of Quebec concerning the report of the governour of the faid province (fee Number II. Page 50) That he conceives it to have been his majesty's defign in the plan of conduct be has hitherto thought fit to pursue with respect to the province of Quebec, ever fince the conqueft of it in 1760, to endeavour to introduce into it the Englifh laws, and the English manner of government, and thereby to affimilate and affociate it to his majesty's other colonies in North America, and not to keep it distinct and feparate from them in religion, laws, and manners to all future generations. Now that this has been his majesty's intention will appear by comparing the commiffion of captain-general and governour in chief of the province of Quebec, which his Majefty was pleased to grant to general Murray (and of which that fince granted to governour Carleton is but a copy) with a commiffion of the like kind for the neighbouring province of New York. For it will be feen that the powers contained in these two commiffions are almoft entirely the fame. To enable the readers of thefe papers to make this comparison with the greater eafe, I fhall here infert a copy of the commiffion granted by the late king. to Sir Danvers Ofborn, in the year 1754, to be captain-general and governour in chief of the faid province of New York, which I have taken from Mr. Smith's excellent hiftory of New York, page: 229, et feq. The commiffion to general Murray may be feen above,, in page 93, et feq..

A Com