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SESSIONAL PAPER No. 18

to be levied

under his or their Hand and Seal, directed to the Head Bailiff of the Parish out of the De- wherein the Defendant resides, or to some other discreet Person dwelling

fendant's

Goods and

Beasts of the

Tools of Trade,

unless there

even then the

Sold.

ceeds to the

fendant's Goods.

Other Direc

the Sale.

If Defendant's Goods & Chattels not sufficient to satisfy the Execution,

of

in or near the said Parish, whom the Judge or Judges shall think proper to Chattels only. name for that Purpose, and which he or they are hereby authorized and Plough, Im impowered to do, commanding him to levy the Debt and Costs, together plements of with his Fees for levying and returning the said Writ (which Fee shall be Husbandry, expressed in the Warrant of Execution) out of the Goods and Chattels and one Bed' belonging to such Defendant only, with an Express exception nevertheless and Bedding, therein contained to his, the Party's, Beasts of the Plough, Implements of not to be sold, Husbandry, Tools of his Trade, and one Bed and Bedding, unless the other are no other Goods and Chattels of such Defendant or Defendants shall prove Goods, and insufficient, in which case such Beasts of the Plough, Implements Bed and Bed- Husbandry, and Tools of his Trade, shall be sold, but not ding not to be the Bed and Bedding; and the said Bailiff or other Person, to whom such Writ of Execution shall be awarded as aforesaid, shall, Bailiff to give notice for Two before he proceeds to do any Thing therein, give Notice at the Sundays be Church Door of the Parish wherein such Writ is intended to be executed, imfore he pro- mediately after Divine Service, both Morning and Evening, on Two successive Sale of the De- Sundays next after the coming of the said Writ, of the Day and Time appointed for the Sale of the Defendant's Goods, on which Day he shall proceed to sell the same to the highest Bidder, and for the most Money he can get, till he tions touching shall have raised sufficient to discharge the Whole of the said Writ of Execution, after which, if any Goods remain in Execution, the same shall be immediately restored to the Defendant; and in case the Defendant or Defendants against whom such Writ of Execution as aforesaid shall be awarded, shall not have Goods or Chattels sufficient to satisfy the said Writ of Execution, either in the whole or in Part, that then the Bailiff, or other Person Bailiff to en- as aforesaid authorized, shall enquire whether the said Defendant or quire of his Defendants hath or have any Lands in his or their Possession or Occupation, Lands, And to return or in the Hands of any other Person in Trust for him or them, lying within the Quantity the Parish wherein such Defendant or Defendants shall reside, or elsewhere and Condition within the Jurisdiction of the Court from whence such Writ of Execution Whether Ara- shall be awarded; and if the Bailiff, or other Person so as aforesaid authorized, ble or Grass shall be fully informed and satisfied that such Defendant or Defendants Land usually hath or have any Lands as aforesaid, such Bailiff, or other Person so as aforesaid authorized, is hereby required to make Return thereof upon the If any Such, Back of the Writ, specifying the extent and Quality of the same, and parissue another ticularly if any Part thereof be Land usually sowed with Corn, or Meadow Writ, direct Land reserved for Hay, and upon such Return it shall and may be Lawful ing the Bailiff for the Judge or Judges of the Court from whence such Writ issued, to issue to enter upon the Lands at another Writ to the Bailiff of the Parish in which such Lands lie, or to some other discreet Person, residing in or near the same, commanding him to enter upon such Arable or Meadow Land belonging to such Defendant or Defendants, at the proper Season, immediately after the reaping or mowing the same, and before any Part of the Produce thereof shall be removed and carried off, and of such Produce, whether of Corn or Hay, to set apart so much as in his Discretion he shall think sufficient to discharge the whole & Costs; and of the Writ so to him directed, and the same to sell upon the Land for the satne upon the most Money that he can get, leaving the overplus, if any there be, upon the Land, return- Land, for the use of the Defendant or Defendants.

of them,

reserved for

Hay;

the Court to

the time of

reaping or

mowing, and to set apart

so much as will be Suffi

cient to Satis

fy the Debt

to sell the

ing the Over

plus.

And it is further Ordained and Declared by the Authority aforesaid, that Penalty for if any Defendant or Defendants, or any Person or Persons by his or their obstructing Direction, after Notice to him or them of the coming of such Bailiff or other Person as aforesaid upon the Land (which Notice he is hereby required to give) shall make any Resistance, or prevent his coming upon the Land to execute the Writ, or otherwise disturb him in the execution of it, or shall remove or carry away all or any of the parcels of Corn or Hay, so as aforesaid

the Bailiff in the Execution of his Writ.

Judges impowered to

6-7 EDWARD VII., A. 1907 set off, without having first satisfied the Whole of the said Writ of Execution, he or they so offending shall pay and forfeit, over and above the Sum so commanded to be levied, the Sum of Ten Pounds Currency of this Province, to be recovered in a Summary way, before one of the Judges of the Court issuing the said Writ of Execution, by the Person against whom such Offence shall have been committed, or any other Person who shall sue for the

same.

Provided also, and it is hereby further Ordained and Declared, by the Authority aforesaid, That it shall and may be Lawful for any Judge or Judges order the Debt issuing any Writ of Execution in Matters where the Cause of Action shall to be levied by Installments, not exceed the Sum of Twelve Pounds as aforesaid, upon due Proof before him or them made of the distressed Circumstances of the Defendant or Defendants in the Action to indorse upon the same his or their Order to the Bailiff, or other Person as aforesaid, commanding him to levy and raise the same by Installments, in such Proportions, and at such Days and Times as to him or them shall seem meet.

so as the whole Time does not exceed Three

Months from

the time of

dant convey

away or secretes his

dum.

Preamble to

determine

Value of £3.

Provided nevertheless, That the whole of the Time so allowed, and given, shall not exceed the Space of Three months from the day of the Date of issuing such Writ of Execution; and provided also, that if it shall appear, upon due Proof thereof made before such Judge or Judges issuing such Execution as aforesaid, that the Defendant or Defendants hath, or have, at any Time awarding the Writ of Exe after the Service of the Declaration and Writ of Summons as aforesaid, cution. conveyed away or secreted all or any Part of his or their Goods, or If the Defen- Effects, in order to defeat the Plaintiff or Plaintiffs of his, her, or their Demand, that then and in such Case it shall and may be lawful to and for the said Judge or Judges immediately to award a Writ of Execution against Effects, Court the Body or Bodies of the said Defendant or Defendants, directed to the may award a Bailiff or other Person as aforesaid, commanding him to arrest the said Writ of Capias ad Satisfacien- Defendant or Defendants, and him or them to convey to the Common Gaol of the District, there to remain till such Debt and Costs be fully satisfied, or other Order be made by the said Court for his or their Deliverance. And whereas it may be of still further Utility and Convenience, and the the Clause for means of extending the Benefit of these Regulations more generally throughimpowering Justices to out the Province, to constitute and appoint other Jurisdictions, by which Disputes of a still inferior Nature may be terminated, as well in the Towns matters to the of Quebec and Montreal, as in other parts of the Province remote from the Courts of Justice; It is further Ordained and Declared by the Authority aforesaid, That it shall and may be lawful to and for any Person or Persons as well within the Towns of Quebec and Montreal, as in other remote Parts of the Province, being thereto specially appointed by Commission under the Hand and Seal of the Governor, or Commander in Chief for the Time being, to hear and determine, and also to award Execution in all Causes where the matter in Question shall not exceed the Sum of Three Pounds, Current money of this Province, SO as the Title of Titles of Lands Lands be not drawn in Question in any such 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 Question in their Proceed Matters where the Cause of Action shall not exceed the Sum of Twelve ings. Pounds as aforesaid, any Thing to the Contrary hereof in this Ordinance notwithstanding; and the Person or Persons so as aforesaid appointed by authorized by Commission, as well in the Towns of Quebec and Montreal, as elsewhere. Commission to within the Province, are hereby authorized and commanded, in the Execu observe the tion of the Powers to them entrusted of hearing, determining, and awardtheir Proceed. ing as aforesaid, to keep and observe all the Rules, and Regulations herein prescribed, limited, and directed, to the Judge or Judges of the Courts of Judges of the Common Pleas, in the Exercise of their Jurisdiction, in matters where the Courts of Com mon Pleas in Cause of Action shall not exceed the Sum of Twelve Pounds, and to conform

Their Authority under Special Commission.

not to be drawn in

Persons so

same Forms in

ings as the

SESSIONAL PAPER No. 18

Causes not ex- to the same, both in their Judgments and Process, as fully and perfectly as ceeding £12. if the same were herein particularly set forth at large and enjoined; and all Bailiffs of Parishes, or other Persons to whom any Writs of Summons, Bailiffs & Warrants of Execution, or any other Process whatsoever, in matters where other Persons the Cause of Action shall not exceed the Sum of Three Pounds as aforesaid, required to shall be directed by any Person or Persons so appointed, as aforesaid, are dience to their hereby authorized and required to pay due Obedience to the same, and

pay due Obe

Process.

Not to sit on any Friday, but on some other Day in

every Week.

Preamble to

cause the same to be executed, and Returns thereof to be made to the Person or Persons so appointed, issuing the same as they would do or make to any Judge or Judges, of the Courts of Common Pleas, if such Process had issued from him or them; provided that Such Person or Persons as shall be appointed for this purpose within the Towns of Quebec and Montreal shall not sit or hold any Court for the hearing and determining Matters within their Jurisdiction on any Friday, but on some other Day in every Week, according to their Discretion other than Friday, or in such Vacation as aforesaid.

And whereas great and manifold Inconveniences and Losses have arisen the Clause for to the Proprietors of Real Estates in this Province, by having their Houses altering the and Lands taken in Execution and exposed to sale for the Payment of small present Me Debts, and also from the hasty and informal method of setting the same to thod of selling Real Property sale, even in cases where the extent of the Judgment will admit of no other under Execu satisfaction;

tions.

the Cause of
Action does
not exceed
£12.

No Execution It is further Ordained and Declared by the Authority aforesaid, That from against Houses and after the Day of the Date of the Publication of this Ordinance, no Proor Lands where cess whatsoever shall be awarded for the sale of any House or Houses, Land or Lands, Tenement or Tenements, upon any Judgment or Judgments, where the Original Cause of Action shall 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 aforesaid, no Houses, Lands, or Tenements, Nor any House or Land to be taken in Execution upon any Judgment or Judgments obtained in His Majesty's Supreme Court of Judicature for this Province, or upon any Judgment or Judgments obtained out of the Courts of Common Pleas in Quebec or Montreal, shall be extended or sold by the Provost Marshal, or any Person whatsoever, unless the Personal Property of the Defendant or Defendants in the Action shall be found insufficient.

Sold but in

Default of

Personal Property.

Direction to

the Provost touching the Sale of Real Estates. Notice

Marshal

No Sale till
Six months

And it is further ordained and Declared by the Authority aforesaid, That upon the issuing of any Writ of Execution for the sale of any Houses or Lands, or so soon after as may be, the Provost Marshal of the District in which such Houses or Lands shall lie or be shall cause the same to be advertized in the Quebec Gazette, both in English and French, and therein set forth, as near as may be, the Quantity and Condition of such Houses and Lands, together with the Terms and the Day of Sale, which Day of sale shall not be till Six Months after such Publication, and at the after Notice. same Time, or so soon after as conveniently may be, he shall also cause a true Copy of the said Advertisement, both in English and French to be sent to the Head Bailiff of the Parish where such Houses or Lands shall lie or be, who is hereby ordered and required to fix the same upon the Door of such Parish Church, and to re-place the same, so often as it shall be removed, defaced, or rendered illegible by Time or Accident, and also to publish and declare the Contents thereof every Sunday at the Door of the said Church immediately after Divine Service, both in the Morning and Afternoon, that the same may be fully known and understood by the Inhabitants thereof, Publication. for which the said Bailiff shall receive, out of the Produce arising from the Sale, the Sum of One Spanish Dollar, to be paid by the Provost Marshal and allowed in his Accounts.

Bailiff to publish the Sale also.

Fees of the

Bailiff for such

18-3-19

All Estates bound from

the Day of the Judgment;

And no Con

veyance or Disposition good after the Date of Such Judgment.

Judges to

6-7 EDWARD VII., A. 1907

Provided always, and it is hereby, and by the Authority aforesaid, further Ordained and Declared, That from and after the Day of the Date of the Publication aforesaid, all Houses and Lands against which any Writ or Writs of Execution shall be awarded for the sale of the same, shall be taken to be, and they are hereby, and by the Authority aforesaid, declared to be obliged and bound in Law to pay and satisfy all and every Judgment or Judgments, which shall and may be obtained against the Owner and Proprietors thereof, from the Day on which such Judgment or Judgments shall be pronounced or given; and that no Mortgage, Sale, or Assignment, or any Deed of Conveyance, or any Disposition without Deed whatsoever, howsoever, or to whomsoever, made after the Day on which such Judgment or Judgments shall be pronounced or given as aforesaid, shall defeat, avoid, suspend, or delay the Force and Operation of such Judgment or Judgments; but all and every such Mortgage, Sale, Assignment, Deed, and Disposition, shall be taken to be, and all and every of them are and is hereby declared to be fraudulent, as against the said Judgment, Creditor or Creditors, and to have no Validity, Power, Operation, or Effect whatsoever, to the Prejudice of such Judgment Creditor or Creditors. And lastly, It is further Ordained and Declared by the Authority aforesaid; That all Judges and other Persons authorized to administer Justice, issuing any Writ of Execution, as well where the Cause of Action shall Day of signing exceed the Sum of Twelve Founds as aforesaid, as where it falls short of, or the Judg is equal to that Sum, shall and they are hereby authorized and required to ment; mark upon such Writ of Execution the Day on which Judgment was given in the Cause, and if Two or more Writs of Execution shall be issued upon Judgment given the same day, against the same Defendant or Defendants, and so marked upon the Writs, such Execution shall have the same Privilege, and be satisfied in the same Proportions, and the Provost Marshal, Same Defend- Bailiff, or other Person, to whom such Writs of Execution shall be Awarded, receiving the same, is hereby authorized and commanded, after the sale Same Day, to of the whole of such Defendant or Defendants Real and Personal Estate, be Satisfied in equal Propor- where the Said Writs shall be awarded against both, in case the same should not be sufficient to satisfy the whole of the said Judgments, to pay over and divide the Neat Produce of such Sale or Sales, after deducting his own Costs and Charges, amongst the several Plaintiffs, in Proportion to the Amount of their respective Judgments.

mark on the Writ of Execution the

And in Case of
Two or more
Executions
against the

ant on the

tions.

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Given by His Excellency Guy Carleton, Captain General and Governor in Chief in and over the Province of Quebec, Vice Admiral of the same, and Brigadier General of His Majesty's Forces, & & in Council, at the Castle of St. Lewis, in the City of Quebec, in the said Province, and passed under the Great Seal of the Said Province, on the First Day of February, in the Tenth Year of His Majesty's Reign, and in the Year of Our Lord One Thousand Seven hundred and Seventy.

By His Excellency's Command

(signed)

GEO: ALLSOPP

D. C. C.

SESSIONAL PAPER No. 18

PETITION FOR A GENERAL ASSEMBLY'.

To the King's most Excellent Majesty.

The humble Petition of Your Majesty's most dutiful and Loyal Subjects the British Freeholders, Merchants and Traders in the Province of Quebec in behalf of themselves and others.

Sheweth,

That induced by Your Majesty's paternal care for the security of the Liberties and Properties of your Subjects, and encouraged by Your Royal Proclamation of the Seventh of October in the third year of your Reign, "That you had been graciously pleased to give direction to Your Governors "of Your Majesty's new Governments, that so soon as the state and circum"stances thereof would admit, they should with the advice of the members "of Your Majesty's Council call General Assemblies within the said Gov"ernments respectively, in such manner as is used in those Provinces in "America under Your Majesty's immediate government.”2

Your Petitioners most humbly implore Your Majesty's gracious attention to their supplications, confiding as they do in your Royal goodness, that only to point out in general the present state and circumstances of this Province, is to obtain the Royal Mandate for calling a General Assembly within the same, which operating with Your Majesty's gracious intention for the good and welfare of your People, will strengthen the hands of Government, give encouragement and protection to Agriculture and Commerce, encrease the Publick Revenues, and we trust, will in time under Your Majesty's Royal influence be the happy means of uniting your new subjects in a due conformity and attachment to the British Laws and Constitution and rendering the conquest of this extensive and populous country truly glorious.

That as the great Source of the wealth and riches of a country principally consists in the numbers of its Inhabitants usefully employed, Your Petitioners cannot but lament that the great numbers of your Majesty's new Subjects in this Province for want of such publick encouragement as an Assembly only can properly give to improve its natural advantages, have hitherto proved rather a burthen than any benefit to themselves or advantage to the community; their extreme poverty and misery increasing with their numbers.

That Your Majesty's British Subjects residing in this Province have set examples and given every encouragement in their power to promote Industry, are the principal Importers of British Manufactures, carry on three fourths of the Trade of this Country, annually return a considerable Revenue into Your Majesty's Exchequer in Great Britain; and though the great advantages this Country is naturally capable of are many and obvious for promot ting the Trade and Manufactures of the Mother Country, yet for some time past, both its Landet and Commercial Interests have been declining, and if a General Assembly is not soon order'd by Your Majesty to make and enforce due obedience to Laws for encouraging Agriculture, regulating the Trade, discouraging such Importations from the other Colonies as impoverish the Province, Your Petitioners have the greatest reason to apprehend their own ruin as well as that of the Province in general.

That there is now a sufficient number of Your Majesty's Protestant Subjects residing in and possessed of real property in this Province, and who are

1 Canadian Archives, Q7, p. 359. The date of the petition is not given, but it would appear to be some time in 1770.

2 See Proclamation of October 7, 1763, p. 120. 18-3-19

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