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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 re, 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, (ser 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 charges 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

SESSIONAL PAPER No. 18

Constitution-Continued.

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,

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66

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-

Council-Continued.

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'cf 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,
acts
note p. 167;
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, 316; 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.

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SESSIONAL PAPER No. 18

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 may
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,

50.
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,
95, 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.

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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, 559; 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. See 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, 113.

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; Canadians 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, remarks 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-

6-7 EDWARD VII., A. 1907

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.

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