[The following transcription is in English. The actual document contained both English and French on the opposite pages.] ORDINANCES MADE and PASSED BY THE GOVERNOR AND LEGISLATIVE COUNCIL OF THE PROVINCE OF QUEBEC. Seal of Quebec QUEBEC: Printed by William Brown, in Mountain-Street. M,DCC,LXXXVII. ORDONANCES FAITES et PASSEES PAR LE GOUVERNEUR ET LE CONSEIL LEGISLATIF DE LA PROVENCE DE QUEBEC. Seal of Quebec A QU E B E C: Chez Guillaume Brown, au milieu de la Grande Cote. M,DCC,LXXXVII. (1) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. I. AN ORDINANCE To regulate the proceedings, in certain cases, in the Court of King's Bench, and to give the subject the benefit of Appeal from Large fines. [side bar: Preamble ] WHEREAS it is difficult to find jurors in the towns of Quebec and Montreal, who are proprietors of freehold. It is enacted by His Excellency the Governor and Legislative Council, [side bar: Qualifications of jurors in criminal cases] That in all inquests and trials by jury in criminal cases, it shall be no good challenge or exception that the juror is not a freeholder, if such juror, being otherwise qualified, is in the actual possession of lands, tenements, or real estate, charged with, and paying an annual rent of fifteen pounds or upwards, and upon any such inquest or trial the defect of the pannel in petty jurors, so qualified, may be supplied, as often as it happens, by a tales, as in other ordinary cases, at the discretion of the court, in such manner as the said court shall adjudge proper, to give the party prosecuted, in any criminal cauie, jurors for hjs,trial, one half of whom, at the leaft, may in the judgment of the court, be competently skilled in the language of his defence, if the same be either the English or French language. [side bar: Terms of the King's Bench limited to ten days.] Be it also enacted by the same authority, That the terms thereof be limited to ten days from the first day inclusive, and that the return days in the terms be such as the said court shall by rule or order fix and appoint. And if it shall so happen that offenders brought up from (2) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. I. AN ORDONANCE [French version] 3 ANNO VIGESJMO SEPTIMO Cap. I. [side bar: Offenders and witnesses from remote distances of the district of Montreal, to be brought down to Quebec for trial, in certain cases.] very remote distances of the Western Country in the Montreal, to be district of Montreal, or the witnesses may not arrive in time for the trials, while the Court is fitting at Montreal, then the bodies of the prisoners and their cases may be carried to Quebec, and be there proceeded in, to trial, judgment and execution, as fully to all intents and purposes as the same might have been had in the said district of Montreal, and by a jury of the same, and the witnesses be as compellable to attend at Quebec as they were before to appear at Montreal, and new recognizances may be taken for that purpose accordingly. [side bar: Appeal to the king in council from large fines.] And inasmuch as his majesty in his great grace to the subject, has been pleased'to signify it to be his royal pleaslure, that appeals be admitted to himself in privy council in all cases of fines imposed for misdemeanors, provided the fines so imposed amount to, or exceed the sum of one hundred pounds sterling, the appellant sirit giving good security that he will effectually prosecute the same and answer the condemnation, if the sentence, by which such fine was imposed in this province, be affirmed: Be it therefore enabled by the same authority, That as often as such case may happen, the execution, and all proceedings in the nature of execution, shall be stayed, as to such fine, whenever such security shall be offered by recognizance filed for that purpose, and that whenever a doubt shall arise concerning the sufficiency of the security, it shall be deemed to be valid, and stay execution, unless the governor or commander in chief for the time being, shall in twenty days from the filing of the faid recognizance, certify in writing to the court , his disapprobation of the fscurity so offered, and fo toties quoties, until sufficient security shall be given in manner aforesaid. DORCHESTER. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the twenty-seventh day of February, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth; and in the year of our Lord one tbousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO ANNO VIGESJMO SEPTIMO Cap. I. 4 [French version of previous page] (5) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. II. AN ORDINANCE For better regulating the MILITIA of this province, and rendering it of more general utility towards the preservation and security thereof. [side bar: Preamble] WHEREAS the security of the state is the first principle in every well regulated government, Be it enacted and ordained by his excellency the governor and the legislative council of this province, and by the authority of the same it is hereby enacted and ordained, ARTICLE I. [side bar: All persons from the age of 16 years to 6o, declared to be militia-men.] That all persons resident within this province, as Well in the towns as in the country, from the age of fifteen years to sixty, are hereby declared to be militia-men, and bound to serve in the militia of the parish or town-ship, or seigniory wherein they reside; and from and after the day of the publication of this ordinance, every person (excepting such as are herein after excepted) refusing to serve, or neglecting, for the space of one calendar month, to get himself inrolled by the captains of militia, who are or hereafter shall be appointed by his excellency the captain-general or commander in chief for the time being, within the different parishes, or townships or seigniories, shall forfeit the sum of five pounds; and for every subsequent refusal he shall forfeit the like sum of five pounds, and suffer one month’s imprisonment. ARTICLE (6) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. II. ORDONANCE [French version of previous page] 7 ANNO VICESIMO SEPTIMO Cap. II. ARTICLE II. [side bar: Captains of militia to send rolls and lists to their colonels.] That all captains of militia shall, within two months after the publication of this ordinance, transmit to the colonel of militia of their district, or in case of his ab-sence to the senior field officer, a roll of the number of officers and militia men fit for service in their respective companies; and also a list of infirm persons, of those above the age of sixty years, and of every other person residing within their respective precincts, notwithstanding they may not be liable to serve in the militia; together with the names of those who shall have declined getting themselves enrolled;, and they shall continue to transmit such rolls and lists, dating such changes as may have happened, to their colonel of militia or senior field officer, in the course of the month of March in every year, to be by them reported to his excellency the captain-general, or the commander in chief, for the time being. ARTICLE III [side bar: Penalty on militia-men absenting without giving notice to their captains] No militia-man belonging to any of the country parishes shall absent himslef for more than a month, nor change his place of residence, without first giving notice thereof to the captain or other commanding officer of the company he belongs to, declaring to him the place to which he is going, under penalty of forty shillings. And every perfon who shall go to settle or to hire himself in another parish, and shall not get enrolled by the captain or other commanding officer there, within the space of eight days, at farthest, after his arrival, mentioning the parish and company of militia to which he previously belonged, shall incur a penalty of ten shillings; and if he neglects getting himself enrolled there for the space of fifteen days after his arrival, he shall forfeit the sum of thirty shillings and suffer two months imprisonment. ARTICLE IV [side bar: At what time the companies are to be assembled] The captains or other commanding officers shall assemble their respective companies of militia, on such day in the two first weeks of the months, between the last of May and the first of September in every year, as shall be directed from the commander in chief by the colonel, or senior field officer of the district, and in case of bad weather on the day appointed, on such other day in the same weeks of those months as the captains shall fix, in order to review their arms, make them fire at marks, and instruct them in their exercise. Such militia-men as are already armed, as well as all others who Cap. II GEORGII III. REGIS. 8 [French version of previous page] 9 ANNO VICESIMO SEPTIMO Cap. II. shall hereafter get arms and will not bring them to such review, those who shall be guilty of disobedience there, or who shall leave the place of rendezvous without being regularly dismissed, shall incur a penalty of five shillings for every offence. Such militia-men as shall not attend on the days fixed for exercife (unless they are prevented by sickness, or upon good cause assigned shall have obtained leave of absence from the captain or commanding officer of the company) shall incur a penalty of ten shillings, and for every repetition of the offence he shall forfeit the sum of twenty shillings. ARTICLE V. [side bar: In certain cases detachments to be embodies and to march.] Whereas circumstances may render it expedient for the security of the frontiers, that a body of well-disciplined militia should be held in readiness, It is enacted and ordained by the same authority, That his excellency the captain-general, or in his absence the commander in chief, may, whenever he shall judge it expedient, draw out and embody detachments from such companies of militia as he in his discretion shall think proper, in an equal proportion, to march and be employed, under such officers as he shall appoint, for any space of time not exceeding two years. ARTICLE VI, [side bar: Either to be commanded to balloted.] Whenever his excellency the captain-general, or the commander in chief, shall have issued his orders to embody detachments, in the manner directed by the foregoing article, and shall have approved the distribution made by the field officer charged with that duty; the captains of militia, in obedience to the orders they may receive, shall forthwith assemble their companies, and make out a roll of the unmarried men, from the age of eighteen years to forty-five, being able-bodied, healthy, and fit for the service destined for them; and from such roll, the captain or senior officer shall command, or ballot for, if the captain-general or commander in chief should judge fit so to direct, the number required to be furnished from his company, and the men so commanded or balloted for, shall have four days to prepare themselves, at the expiration of which time they shall present themselves at the house of the captain or other commanding officer of the company, who shall cause them to be conducted to the place of rendezvous specified in the said orders. And if any militia-man thus commanded or balloted, refuses to obey, or conceals himfelf, in such Cap. II GEORGII III. REGIS. 10 [French version of previous page] 11 ANNO VICESIMO SEPTIMO Cap. II. case the captain or senior officer shall command the next upon the roll, or ballot for a person fit for service, and so on, until the number fixed for that company is completed. If upon this occasion, or even upon any other occurrence, it should happen that there be not a sufficient number of unmarried men in a company, to furnish the quota required, in that case, the married men under the age of forty shall be commanded on the detachment or balloted for the purpose, and be obliged to marche in the same manner, as is above directed to be done by unmarried men. [side bar: Penalty for non-attendance for desertion] And whereas the safety of the province depends much upon the due observance of this artide, It is further enacted and ordained, by the same authority, That all militia men, commanded for detachments, or balloted for that purpose, who shall not present themselves at the place of rendezvous fixed by the order, or shall desert, either before or after being assembled, shall be liable to be apprehended by any order of the captains or other commanding officers of the parishes to which they may have absconded, who are hereby authorized and enjoined to cause such militia-men to be apprehended and brought before the colonel of militia, or senior field officer, nearest at hand, who, jointly with any two field officers, is, and are hereby likewise authorized to hear and examiné them, and if they shall find them guilty, to condemn fsch militia-men respectively to pay a fine Of ten pounds, and be imprisoned for one month. And after the expiration of such inrprisonment, they shalt be Obliged to take the place of those serving in their stead, who shall then be discharged, and exempted from such command or balloting, until all the militia-men of the company shall have taken their turn of duty. All those who shall have been fined and imprisoned, and who shall refuse to take up the place of those who marched for them, or who shall repeat their desertion, shall incur a penalty of twenty pounds and three months imprisonment, by sentence of the colonel and two field officers of the district, as abovesaid. ARTICLE VII [side bar: Militia-men may serve by substitutes] It shall and may be lawful for any militia-man commanded or balloted for a detachment, to put another man in his place, upon condition that he himslef presents his substitute, personally, to the colonel of militia of the district, who shall give him a written discharge, provided he approves of the substitute offered as being capable for Cap. II GEORGII III. REGIS. 12 [French version of previous page] 13 ANNO VICESIMO SEPTIMO Cap. II. the service required: in which case, it shall be considered that the militia-man has taken his turn of duty; but the substitute shall not after the time of service is over, be exempted from being commanded, or balloted for again, his own turn, equally-with the rest of his company. ARTICLE VIII. [side bar: Penalty for disobedience when on duty] All militia-men who shall decline doing the duties required ofthem when serving in detachments, or shall disobey their officers while they are under their command, shall be summoned before the field officers of the detachment, who are hereby authorized to hear and adjudge the offender such punishment as the circumstances of the case may require, not extending to corporal punishment beyond imprisonment for one month. ARTICLE IX. [side bar: Deserters and others how to be apprehended] The captains and other officers of militia are hereby authorized and required to apprehend all deserters, whether soldiers, militia-men, or seamen, all disorderly persons, vagabonds and persons sowing dissension or disturbing the public tranquility: and whoever shall harbour or lodge any persons of the above description, without giving immediate notice to the captain or some other officer of the company, shall for the first offence incur a penalty of five pounds and suffer one month’s imprisonment; and in case of a repetition thereof, double the penalty, and double the time of imprisonment For the future, all dederters who shall have been apprehended, as well as all disorderly persons, vagabonds and others of the above description, shall be brought from captain to captain, under the charge of an officer or serjeant, and a sufficient number of militia-men, who shall be ordered upon that duty by the respective captains, or commanding officers, before the colonel of militia or other field officer nearest at hand, who shall deal with such offender as the law directs. The militia-men commanded for that duty, who are always to be married men, shall march with their firelocks and with at least four rounds of ammunition, and those who shall disobey or suffer any prisoner committed to their charge to escape through negligence, shall incur a penalty of twenty Shillings ; and if it shall be proved that the escape happened through design, they shall, besides incurring a penalty of five pounds, suffer imprisonment for one month. ARTICLE X. [side bar: Roll to be kept of Militia-men upon service] The captains of the militia shall keep a roll of names Cap. II GEORGII III. REGIS. 14 [French version of previous page] 15 ANNO VICESIMO SEPTIMO Cap. II. of all those who may be employed upon any service, and shallgive the officer or serjeant concluding the detachment, a duplicate of it, to which shall be added the names of those who may have missed their turn, and explaining therein the cause of it, whether on account of absence, sickness, or for any and what other reason. And as one of the surest means for preventing abuses, the field-officers who are charged with any particular duties shall keep a registry book, in which shall be inserted the names and sirnames of every militia-man employed in the detachment, and the parishes to which they belong. [side bar: Officers of militia misbehaving to be broke.] All captains and other officers of militia who shall be convicted before the colonel and any two field-officers of having aded with partiality, by exempting any persons, without being authorized to to do, or of having misused their authority, from pique or resentment, shall incur a penalty of five pounds, their commissions shall be annulled, and they shall be constrained to serve as common militia-men. ARTICLE XI. [side bar: Lands of militia-men out upon duty to be cultivated.] Whereas it may happen among the number of militia- men serving on detachments, that some of them may have lands in cultivation which might suffer in their absence, It is therefore ordained and enacted by the same authority, That the captains or commanding officers of parishes, when such cases happen, are hereby authorized to command and order all persons settled within their precincts, to do or cause to be done by couse, under the direction of an officer or serjeant, the husbandry of such militia-men who are absent upon detachments, that is to say, to plough and sow their arable land, make and uphold their fences and ditches, house their crop of hay and corn, and to keep in a tenantable condition their buildings. And if it should happen that any of the said militia men employed on detachments should have left their families without one person in each house, capable of doing the ordinary houshold bussiness, the parishes shall in like manner be obliged to provide for them, as is before direded for the tillage of thfeir land. And whomever ffiall negled or refufe to ad and to obey, in those services, or to find a man in his place who is capable of doing the work assigned, shall incur a penalty of twenty shillings for every neglect or refusal. Cap. II GEORGII III. REGIS. 16 [French version of previous page] 17 ANNO VICESIMO SEPTIMO Cap.II. The captains or other officers commanding companies, who shall be convicted of having, neglected to cause the different business of such militia-men to be done with due precaution, and at a proper season, shall incur at penalty of fifty shillings and be deprived of their com-missions. ARTICLE XII. [side bar: Mode of prosecution.] In all cases where the mode of prosecution for the fines and penalties inflicted by this ordinance has not been particularly directed, it is hereby declared that wherever a fine or penalty imposed shall not exceed the sum of forty shillings, any one field officer of the militia of the district where the offence shall have been committed; and where it shall exceed that sum, and the offender be liable to be imprisoned, or that the breaking of an officer is in question, the colonel with two field officers, or any three field officers of the district where the offence shall have been- committed, is, and are hereby authorized upon an information brought before him or them, to take cognizance of, and summarily to hear all offences done in contravention of this ordinance, and to inflict the penalties thereof; to be recovered by warrant under his or their hands and seals, and to render the monies so to be levied into the hands of the colonel of the district, who is ,to be accountable for the same. Subject nevertheless, in cases where the penalties shall amount to, or exceed ten pounds, and where there shall be a condemnation to more than one month's imprisonment, or the breaking of an officers to an appeal before the captain general, or in his absence to the commander in chief, who is hereby authorized, to hear and determine the same definitively. ARTICLE XIII. [side bar: An open register to be kept] The colonels of militia, as well as the field officers of the different districts, shall always have an open register containing therein the name of those who shall have been fined, and. punished, naming the parish: to which they belong, mentioning, the dates, and the sums which they shall have paid, the space of time they shall have been kept in prison, the causes for which they shall have been condemned, and at whose instance; together with the names of the field officers who, shall have been present on each occasion. ARTICLE Cap. II GEORGII III. REGIS. 18 [French version of previous page] 19 ANNO VICESIMO SEPTIMO Cap.II. ARTICLE XIV. [side bar: Persons exempted from serving in the militia.] The members of his majesty’s, council, the judges, the commissioners or justices of the peace, the seigniors who are seigneurs primitifs, the noblesse, officers on half-pay, the religious communities, and the clergy in general, are exempted from serving in the militia, and may each of them have one man Servant who shall iikewise be exempted; clerks of courts, advocates, attornies, notaries, physicians, surgeons and apothecaries duly authorized to act as such, custom-house officers, the students of the seminary or college at Quebec and Montreal, school-masters duly authorized, one master of a post-house, and one assistant to him in each parish, are also exempted from serving in the militia. Millers and one beadle in each parish are likewife exempted from the same services. Captains of militia, the sisters of the congregation, and millers shall have one man servant, and masters of post-houses shall have two men servants exempted. Captains of militia who have honourably retired from the service shall, with one man servant, be exempted from serving in the militia, and the widows of Captains of militia, during their widowhood shall enjoy the same privileges; as likewise all others whom the captain general or commander in chief shall specially exempt, under his hand and seal; together with all such persons as are under or above the age prescribed in this ordinance, the settlement of which question, as well as of every other relative to the age of persons as mentioned herein, is hereby left to the captain of the company in the parish to which he belongs. ARTICLE XV. [side bar: Application of the fines.] And be it further enacted by the same authority, That the several fines and forfeitures afore-mentioned, which are hereby granted and reserved to his majefly, his heirs and successors, for the public uses of this province, and the support of the government thereof, may be applied in the whole, or a proportion thereof, in such manner as the governor, or commander in chief of the province for the time being, shall conceive to be most conducive to the services by this ordinance intended to be promoted and executed. And that the same, and the expenditures thereof shall be accounted for, to his majesty, his heirs and successors, or to the commissioners Cap. II GEORGII III. REGIS. 20 [French version of previous page] 21 ANNO VICESIMO SEPTIMO Cap. II. of his majesty’s treasury for the time being, and audited by his majesty’s auditor general for the plantations or his deputy. DORCHESTER. Enacted and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the twenty-third day of April, in the twenty-seventb year of the reign, of our fovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth; and in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO Cap. II GEORGII III. REGIS. 22 [French version of previous page] (Signé) J. WILLIAMS, G. C. L. ' Traduit par Ordre de fon Excellence, F. J, Cugnet, S, F. ( 23 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP III. An ORDINANCE For quartering the troops upon certain occasions, in the country parishes, and providing for the conveyance of effects belonging to government. [side bar: Preamble] EXPERIENCE having demonstrated that, on account of the local position of this province, it is indispensibly necessary, upon certain occassions, to quarter the troops at the houses of the country inhabitants; and that, for the same reason, it is impossible to convey, at all times, the ammunition, provisions, and other effects of government, to the different stores or magazines, without the assistance of the inhabitants, It is enacted and ordained by his excellency the governor, and the legislative council, ARTICLE I. [side bar: All house-holders in the country parishes liable to loadge troops, furnish carriages and serve as battoe-men.] That all house-holders, in the country parishes, who countryparishes, who shall not be particularly exempted by this ordinance, shall be obliged to lodge troops, furnish carriages, serve as battoe-men, whenever they shall be thereunto required by the captains of militia, in the manner herein after mentioned, that is to say, Whenever the troops or militia are upon a march, the commanding officer of the battalion, or detachment, shall present to the captains of militia, or other senior officers of the parishes, the order he may have had on ( 24 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP III. ORDONANCE [French version of previous page] 25 ANNO VICESIMO SEPTIMO Cap. II. [side bar: How the carriages are to be furnished upon a march.] the part of the captain general or commander in chief, and where, upon extraordinary cases, an order could not be procured, he shall make a requisition in writing, to the said captains or other senior officers; who there-upon, without loss of time, shall so billet the troops, as to facilitate their march, and in the manner the most commodious to the inhabitants. The commanding officer of the battalion, or detachment, is authorized, upon the march, to require from the captains of militia two carriages for his own use, two for the field officers, and four for every fifty men: the carriages shall be relieved, in succession from parish to parish, unless it shall be expressed in the order that they are to accompany the troops to the end of their day’s march; and the said captains or senior officers are hereby authorized to command, in their respective parishes, a supply of such carriages. Whosoever shall neglect or refuse to lodge troops or furnish carriages as herein before is expressed, shall forfeit the sum of twenty shillings; and for a second offence, as well as for every subsequent offence, such person shall forfeit the sum of five pounds, or suffer imprisonment for any space of time not exceeding fifteen days. ARTICLE II [side bar: How troops are to be quartered when in cantonments.] When the troops or militia are obliged to be cantoned in the winter, in the country parishes, the field officei ordered upon that duty by the captain general, or commander in chief, shall apportion the number to be quartered in each parish, and send his orders accordingly to the captains of militia, who shall regulate the quarters, both for the officers and soldiers, discreetly avoiding to incommode the inhabitants in their houses, but taking due care to accommodate the troops. The quarters being once established, the captain to make a report thereof, and they are not to be changed without his acquiescence. Two soldiers only are to be loged in each house, and one only in the houses of the poorest inhabitants. The inhabitants shall furnish them with a straw bed, coverlets or blankets, and a pair of sheets to be changed once in every month, with room at their fire and by their lights, and with permiffion to cook their victuals. [side bar: How firewood is to be furnished the officers and guards.] The officers shall be provided with a room or apartment such as it may happen to be, but it shall not be thar of the Inhabitant himself, with a table, three chairs and a bed for a servant, fuch as for a soldier; they shall Cap. III GEORGII III. REGIS. 26 [French version of previous page] 27 ANNO VICESIMO SEPTIMO Cap; III. have the use of the fire-place of the inhabitant, as well for warming, as having their victuals dressed by it; and if they should choose to have a fire in their own apartment, all the inhabitants of the parish, according to an apportionment to be made by the captain of militia or senior officer, shall be obliged to furnish firewood, according to the rank of the officers, agreeable to such regulations as the captain-general, or commander in chief of the province shall make. The captains, or senior officers of militia, shall likewise provide quarters for the guard, taking care that the situation be the most advantageous to the troops, and this guard is to be furnished with firewood in the same manner as it is directed to be done for the officers. If the commanding officers of regiments or detachments in cantonments should have occasion for carriages for the service, they shall make their requisition in writing to the captains of militia, specifying the service; who shall issue their orders for the purpose. [side bar: Penalty for disobedience.] Every person who shall disobey any of the clauses contained in this article (not being exempted therefrom by this ordinance) shall be fined ten shillings for the first offence, and twenty for every subsequent offence. ARTICLE III. [side bar: How the misbehavior of the troops is to be enquired into.] If the troops should be guilty of any disorderly behavior,either upon the march, or when in cantonments, the person injured, shall without delay make his complaint; supported by proof, to the captain of militia or the senior officer of the company to which he belongs, who . shall forthwith conduct him before the officer commanding the troops in that parish. If such officer shall decline doing him justice, the complaint shall belaid before the commanding officer of the next principal post; and if satisfaction should not there be obtained, the complaint shall be carried to the colonel of the district, or senior field officer, who shall lay the same before the captain general, or commander in chief for his decision thereof. ARTICLE IV. [side bar: Carriages to be furnished and battoe-men to serve when required.] It is further enacted and ordained, That all the country inhabitants and house-holders, who are not exempted by this ordinance, shall furnish carriages, and serve as battoe-men, every one in his turn of duty, in the manner herein after mentioned, whenever they shall be required so to do by their captains of militia, in conference of the orders of government. The carters living Cap. III GEORGII III. REGIS. 28 [French version of previous page] 29 ANNO VICESIMO SEPTIMO Cap, III. in the towns and suburbs shall be obliged to furnish carriages in their turn. In all cases where the government shall be under the necessity of procuring carts, sledges, or other carriages for conveying provisions, ammunition, baggage or other effects, agreeably to the orders of the captain general or commander in chief, the commissary of the district, directing that service, shall transmit his orders, mentioning the place of rendezvous, to the captains of militia, who will respectively command the number required: the loading upon each carriage shall in no case exceed six hundred weight according to the state of the roads, and shall be carried from parish to parish, unless the captain-general or commander in chief, judging it necessary for the good of the service, shall give order that they be employed for the whole day, or longer, if the case should require it. When the conveyance is to be made by water, the battoe-men shall have two days, from the time they are commanded, to prepare themselves for the service; at the expiration of which time they shall present themselves at the dwelling-house of their respective captains, who will cause them to be conducted by an officer or serjeant to the place described in the order. [side bar: Penalty for neglect or refusal.] All persons who shall neglect or refuse to furnish carriages, or to march upon the battoe service, according to the directions mentioned in this article, as well as those who shall desert or quit the service without being duly discharged, shall incur a penalty of forty shillings, and for a second, and every subiequent offence, shall pay a fine of five pounds and suffer one month’s imprisonment. [side bar: Panalty for disobedience when employed.] And all persons employed in such transport service, either by land or by water, who shall disobey those employed to conduct them, shall pay a fine of ten shillings, and for a repetition of the offence, shall suffer eight days imprisonment. ARTICLE V. [side bar: Captains of militia to send a roll of the party to the commissary.] The caPtains of militia, or senior officers shall regularly send to the commissary of the district, having the the direction of the transport service, a roll of the brigade or party, by the officer or fsergeant conducting the same, mentioning therein the names of those who shall have missed their turn, and specifying the cause, whether on account of absence, sickness, or for what other reason. And in order to prevent abuses, the commissaries, Cap. III GEORGII III. REGIS. 30 [French version of previous page] 31 ANNO VICESIMO SEPTIMO Cap. III. directing the transport service, shall respectively keep a register, in which they shall enter the names and sirnames of the persons employed, and the parishes to which they belong. [side bar: Penalty on captains of militia for prtiality or misbehavior.] All captains and other officers of militia who shall be convicted of having acted with partiality, in having exempted any persons without being fully authorized so to do, or having commanded others out of their turn of duty, or who shall misuse, in any manner, the authority delegated to them, shall pay a fine of forty shillings, and for a second offence may be condemned to pay five pounds. ARTICLE VI. [side bar: Mode for prosecution for the penalties.] In cases where the fines imposed in virtue of this ordinance shall not exceed the sum of ten shillings, any one commissioner or, justice of the peace, and in cases exceeding that sum, and where imprisonment is to be inflicted, any three commissioners or justices of the peace, is, and are hereby authoriied and required to hear and determine, summarily, all offences committed against the same, to inflict the punishments and to levy the penalties, together with the amount of the travelling and other expences of the person prosecuting, by order of seizure under his or their hands and seals, and to pay the monies proceeding therefrom into the hands of the receiver-general of the province, for the use of his majesty. [side bar: Appeal allowed in certain cases.] Whosoever shall think himself aggrieved by any determination or decision of the said commissioners or justices of the peace, imposing a fine exceeding forty shillings, or a punishment of imprisonment for more than eight days, may appeal to the governor and council of this province, of which council, any five members, (the commissioners or justices of the peace who shall have given such determination or decision excepted) with the governor, lieutenant-governor, or chief justice, shall constitute a court of appeal for the purpose of hearing and finally determining the same. ARTICLE VII. [side bar: Persons exempted from serving in the militia.] The members of his majesty’s council, the judges, the commissioners or justices ofthe peace, the seigniors who are seigneurs primitifs, the noblesse, officers upon half pay, the religious communities, the seminary and college of Quebec and Montreal, the clergy in general, the captains of militia in commission as well as those who shall have honorably retired from the service, are exempted Cap. III GEORGII III. REGIS. 32 [French version of previous page] 33 ANNO VICESIMO SEPTIMO Cap. III. from quartering troops, furnishing carriages, and marching upon the battoe service, and may respectively have one servant exempted likewise. Matters of post-houses with two servants each; the sisters of the congregation with one servant; the subaltern officers and sergeants of militia are also exempted from lodging troops, and from all transport serviçe. Notaries, physicians, surgeons, and apothecaries who are duly authorised to act as such; schoolmasters duly authorised ; one assitant post-master, and one beadle in each parish ; and millers with one servant are exempted from all transport service. The Widows of captains of militia, during their widowhood, shall enjoy the same exemptions as captains, and all others whom the captain-general or commander In chief 'shall specially exempt under his hand and seal. ARTICLE VIII. [side bar: Application of the fines and forfeitures.] And be it further enacted by the same authority, That the several fines and forfeitures afore-mentioned, which are hereby granted and reserved to his majesty, his heirs and successors, for the public uses of this province, and the support of the government thereof, may be applied in the whole or a proportion thereof, in such manner as the governor or the commander in chief of the province for the time being, shall conceive to be most conducive to the services by this ordinance intended to be promoted and executed. . And that the same, and the expenditures thereof, shall be accounted for to his majesty, his heirs and successors, or to the commissioners of his majesty's treasury, for the time being, and audited by his majesty's auditor-general for the plantations, or his deputy. ARTICLE IX. [side bar: Authority delegated to the Governor for making further regulations.] Whereas the conveniency and good government of the troops and militia, on their march and in quarters, as well as the conveyance of effects belonging to government, may require provisions to be made which may have been omitted in this ordinance, It is therefore further enacted and ordained by the authority aforesaid, that the governor or commander in chief for the time being, may, and he is hereby authorized to make such other and further regulations for that purpose, as experience may point out to be expedient and fit. Provided nevertheless That the disobedience to, or negleft of such Cap. III GEORGII III. REGIS. 34 [French version of previous page] 35 ANNO VICESIMO SEPTIMO Cap. III. regulations shall not in any case subject the offender to a greater punishment than a fine of forty shillings, to be levied and disposed of as herein before directed. DORCHESTER. Enacted and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the twenty-third day of April, in the twenty-seventb year of the reign of our sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth; and in the year of our Lord one thousand seven hundred and eigbty-seven. By His Excellency’s Command, J. WILLIAMS, C.L.C. ANNO Cap. III. GEORGII III. REGIS. 36 [French version of previous page] Signé) J. WILLIAMS, G. C. L. ' Traduit par Ordre de son Excellence, F. J, Cugnet, S, F. ( 37 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP IV. An ORDINANCE To continue in force for a limited time, an ordinance made in the twenty-fifth year of his majesty's reign, intituled, “ An ordinance to regulate the proceedings in the courts of civil judicature, and to establish trials by juries in actions of a commercial nature, and personal wrongs to be compensated in damages with such additional regulations as are expedient and necessary. [side bar: Former Ordinance continued for two years.] BE it enacted and ordained by his excellency, the governor and the legislative council, and by the authority of the same, it is hereby enacted and ordained, That an ordinance made and passed the twenty-fifth day of April in the twenty-fifth year of his majesty’s reign, intituled, “ An ordinance to regulate the proceedings in the courts of civil judicature, and to establish trials by juries in actions of a commercial nature, and personal wrongs to be compensated in damages, and every clause and article therein contained, be continued, and the same is hereby continued from the expiration thereof to the end of the sessions of the legislative council which will be held in the year of our lord one thousand seven hundred and eighty-nine. ( 38 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP IV. ORDONANCE [French version of pervious page] 39 ANNO VICESIMO SEPTIMO Cap. IV. [side bar: In cases where there is no jury the fact to be inserted in the record.] And whereas additional regulations are at this time found to be expedient and useful, Be it further enacted, by the same authority, That in every instance where the fact is not verified by a verdict of the jury, but by other proof, or the testimony of witnesses, the same shall be inserted in the record of the cause, that in case of appeal the whole .proceedings may go up to be adjudged in the superior tribunal, as regularly and as fully as the same was before the court of common-pleas. [side bar: If the judgement be upon any law, usage or custom of the province, teh same to be stated upon the common pleas record of the exception to be allowed.] And wherever the opinion or judgment of the said court of common-pleas is pronounced upon any law, usage, or custom of the province, the same shall in like manner be stated upon the minutes or record of the cOurt, and referred to, and ascertained, that the real ground of the opinion or judgment may also appear to the court of appeals; and upon all opinions conceived by any party to be to his injury, he shall be allowed his exception to be preserved in the minutes, all which proceedings shall be transmitted under the signatures of the judges or any two of them, and the seal of the court, that all his majesty’s subjects, and especially his Canadian subjects, by these means may be protected in the enjoyment of all the benefits secured to them for their property ,and civil rights, by the statute passed in the fourteenth year of his majesty’s reign, intituled, “ An act for making more effectual provision for the government of the province of Quebec in North America,” and by the ordinance above-mentioned. [side bar: The fame in the courts of appeals] And be it further enacted by the authority aforesaid, that in all cases adjudged in the provincial court of appeals where the same may be appeal’d to his majesty in his privy council, and where their opinion or judgment is pronounced on any law, custom or usage of the province, the same shall in like manner and for the same reason as herein before mentioned, be stated upon the record, or refer’d to and ascertained. [side bar: Four terms in the year established for the court of common pleas.] And in all causes of which the common-pleas have cognizance above ten pounds sterling, the same shall be proceeded in, heard and determined only in regular terms, consisting of the first fifteen days, (Sundays and holy-days excepted) in the months of January and July, and the last fifteen days of March and September yearly: the first return days whereof, shall always be the first Cap. IV. GEORGII III. REGIS. 40 [French version of pervious page] 41 ANNO VICESIMO SEPTIMO Cap. IV. day of the term, and the rest of the return days, and the general rules of practice, such as the respective judges of the common-pleas shall fix in a formulary. [side bar: Appellate jurisdiction of the court of appeals touching security.] And to take away all doubts and scruples with respect to the right of appeal in any cause before the said courts of common-pleas, Be it enacted and declared by the same authority, that the court of appeals shall be deemed and adjudged to have an appellate jurisdiction, with all the power necessarily annexed to such jurisdiction, and that it shall henceforth belong to the provincial court of appeals to determine the question when security shall be requisite, and the sufficiency thereof, and the admission, dilmission on remission of appeals, and the supply of the defects of the record, and of the effect of the appeal as a superiedeas of all or any proceedings in the lower courts, for the stay of execution on the judgment of the same, or any process of the nature of execution, with authority also to make rules and orders to regulate, effectuate and accelerate the proceedings in all causes of appeal, for the advancement of justice, and to prevent unnecessary delays and expence in the same. [side bar: Where executors, &c. appeal, the plaintiff to give security to refund before execution issues.] And where appeals are brought by executors, administrators, curators, tutors or guardians, the plaintiff shall not have execution, nor any process in the nature of execution, without such security first given as the court of common-pleas in their discretion shall direct, to refund the damages and costs, in case the judgment shall be reversed, together with such costs as the court of appeals may award. [side bar: Respecting the dispensation of justice in small causes.] And for the more convenient dispensation of juftice in small causes, It is enacted and ordained by the same authority, That it shall and may be lawful for his excellency the governor or the commander in chief of the province, for the time being, by and with the advice and concent of his majesty’s council, to appoint by commission, such and so many persons as he shall judge fit, and for such parts of the province as he shall think proper, to hear summarily and to determine finally, without appeal, all matters of debt of ten pounds or under. And it shall like wise be lawful for his excellency the governor, or the commander in chief, for the time being, by and with the advice and concent of his majesty’s council, to regulate the fees to he taken by the persons so commission’d, and by their subordinate officers, and to direct a mode of proceeding for them; whereof, and the extent of their jurisdiction respectively, a notification shall be published Cap. IV. GEORGII III. REGIS. 42 [French version of pervious page] 43 ANNO VICESIMO SEPTIMO Cap. IV. in the Quebec Gazette for the information of all persons whom it may concern. [side bar: New districts may be formed by patent for the remote parts of the province.] Whereas there are many thousands of loyalists and others settled in the upper countries above Montreal, and in the bays of Gaspy and Chaleurs below Quebec, whose ease and convenience may require, that additional districts should be erected as soon as circumstances will permit, It is enacted and ordained by the authority aforesaid, that it may be lawful for the governor or commander in chief for the time being, with the advice and confent of the council, to form by patent under the seal of the province, one or more new districts, as his discretion shall direct, and to give commission to such officer or officers therein as may be necessary or conducive to the ease and convenience of his majesty’s subjects residing in the remote parts of the province. [side bar: Attachments in certain cases only.] And be it further enacted by the authority aforesaid, That no process of attachment, except in the case of the dernier equippeur according to the usage of the country, shall hereafter be issued for attaching the estate, debts and effects of what nature soever, of any person or persons whomsoever, whether in the hands of the owner, the debtor or of a third perfon, prior to trial and judgement, except there be due proof on oath (to be indorsed on the writ of attachment) to the satisfaction of one of the judges of the court issuing the same, that the defendant or proprietor of the said debts and effects is indebted to the plaintiff in a sum exceeding ten pounds, and is about to secrete the same, or doth abscond, or doth suddenly intend to depart from the province with an intent to defraud his creditor of creditors, and that the defendant is then indebted to the plaintiff and he doth verily believe that he shall lose his debt or sustain damage without the benefit of such attachment. [side bar: Proviso] Provided always, That nothing herein contained shall be construed to the prejudice of the rights of land-lords in their legal course for the recovery of rents, according to any former mode of proceeding by any law, usage, or custom whatsoever. And provided also, That whenever the defendant or debtor shall either pay the debt and costs, or give security to the sheriff or officer for the goods so attached, as in cases of bail on personal arrests subject to justification in court to answer the value of the goods, and abide the judgment of the court, the same shall be forthwith restored; and for that purpose, the defendant or debtor shall be allowed forty-eight Cap. IV. GEORGII III. REGIS. 44 [French version of pervious page] 45 ANNO VICESIMO SEPTIMO Cap. IV. hours, after which period if the debt and costs be not paid, nor security given, the goods so seized shall remain attached and held by the sheriff or officer to answer the judgment of law. [side bar: These additional regulations to be in force for two years.] Be it further enacted by the authority aforesaid, That the additional regulations hereby enacted, shall be in force until the end of the sessions that shall be held in the year of our lord one thousand seven hundred and eighty-nine, or as long as the ordinance hereby renewed; and that the ordinance paired in the twenty-fifth year of the reign of his present majesty, intituled, “ An ordinance for granting a limited civil power and jurisdiction to his majesty’s justices of the peace, in the remote parts of this province,” be no longer in force than until such small jurisdictions as by this act are authorized, shall be actually erected. DORCHESTER. Enacted and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twentyseventh year of the reign of our sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth', and in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO Cap. IV. GEORGII III. REGIS. 46 [French version of pervious page] Par Ordre de son Excellence, (SignéJ J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. ( 47 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP V. An ORDINANCE Further to continue an ordinance intituled, “An ordinance to empower the commissioners of the peace to regulate, the police of the towns of Quebec and Montreal, for a limited time.” Be it enacted by his excellency the governor, by and with the advice and consent of the legislative council, and it is hereby enacted, That the powers and authorities granted to the commissioners to regulate the police of the towns of Quebec and Montreal, for a limited time, be continued, and that the said ordinance shall continue in force to the end of the sessions of the legislative council which will be held in the year of our lord one thousand seven hundred and eighty-nine. DORCHESTER. Enacted and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth', and in the year of our Lord one tbousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO ( 48 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP V. ORDONANCE [French version of pervious page] Par Ordre de son Excellence, (SignéJ J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. ( 49 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VI. An ORDINANCE To explain and amend an ordinance for establishing courts of criminal jurisdiction in the province of Quebec. [side bar: Peace officers appointed in the country parishes.] WHEREAS it is expedient, that public officers should be established in the several parishes of this province Under the denomination of peace officers, It is enacted and ordained, by his excellency the governor and the legislative council, that all and every the captains, and other officers of militia in the said several parishes of this province, duly commissioned by his excellency the governor, or the commander in chief for the time being, and likewise the serjeants named and appointed by the said captains, and Other officers in the respective parishes be, and they are hereby declared to be public and peace officers within their respective parishes, and authorifed and enjoined to do and exercise all and singular the duties and services of public and peace officers, within their.respective parishes according to the law. [side bar: The same to be appointed for the towns.] And be it further enacted by the same authority That it shall be lawful for the commissioners or justices of the peace, assembled in quarter sessions, or by a majority of the same, and they are hereby required as soon as conveniently may be, to name and appoint such and so many persons as they may think sufficient, within the towns and banlieues of Quebec and Montreal, for carrying into execution the orders and decrees of the several courts, and to preserve the public peace therein; every ( 50 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VI. ORDONANCE [French version of previous page] 51 ANNO VICESIMO SEPTIMO Cap. VI. of which persons so appointed shall faithfully perform the duties of the offices, for which he may be so appointed for the space of one year previous to the expiration whereof, it shall be the duty of the isaid commissioners or justices of the peace, annually to appoint others to serve in their stead; and to increase or diminish the number first appointed, as to them shall appear to be most for the public seal and safety and that no such appointment shall be valid in Quebec or Montreal, and their banlieues respectively, in the case of a civil or military officer, or any person in priests orders, or in the profession or practice of physic or surgery, or any miller, ferryman, schoolmaster or student of any college or seminary, or any person not of full age. And for neglecting or refusing to perform the said office or offices there shall be the forefeiture of twenty pounds, to be recovered in any court of record, with costs of suit, by bill, plaint or information, in which no essoign, wager of law, or any more than one imparlance, shall be allowed. DORCHESTER. Enacted and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign if our sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, and so forth, and in the year of our Lord one tbousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO Cap. VI. GEORGII III. REGIS. 52 [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. (53) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VII. An ACT or ORDINANCE Further to continue for a limited time, the ordinance for the regulation and establishment of fees. BE it enacted and ordained by his excellency the governor and legislative council, and by the authority of the same it is enacted and ordained, That an ordinance made in the twentieth year of his majesty’s reign, intituled, “An ordinance for the regulation and establishment of fees,” be continued from the expiration thereof to the end of the sessions of the legislative council which will be held in in the year of our lord one thousand seven hundred and eighty-eight. - DORCHESTER. Enabled and ordained bv the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber tn the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our sovereign lord GEORGE the Third, by the grace of God, of Great-Britdin, France, and Ireland, king, defender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO (54) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VII. ORDONANCE [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. (55) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VIII. An ACT or ORDINANCE For the importation of tobacco, pot and pearl ashes, into this province, by the inland communication by Lake Champlain and Sorel. [side bar: Importation of leaf tobacco, pot and peral ashes, allowed from the neighboring states, if for re-exportation.] BE it enacted by his excellency the governor and the legislative council, and it is hereby enacte. by the authority of the same, That the trade and intercourse between this province and the neighbouring states or any of them, by the route aforementioned, for the importation of leaf tobacco, pot and pearl ashes, shall be free, if the same be of the growth and produce of any of the said states, and bona fide for the re-exportation of the same from this province to Great Britain. And no tobacco shall be so as aforesaid imported otherwise than in hogsheads, casks, chests, or cases, each hogshead, cask, chest or case whereof shall contain four hundred and fifty pounds weight net of tobacco at the least, not packed in bags or in any other packages within such hogshead, cask, chest or case, nor separated or divided within such hogshead, cask, chest or case, respectively, by any' package or otherwise howsoever, upon forfeiture of all such tobacco, as shall be so imported contrary to this act, together with the hogsheads, casks, chests, cases, or other packages containing the same. [side bar: Provisio] Provided always and be it further enacted, That nothing in this act shall extend or be construed to extend to (56) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP VIII. ORDONANCE 57 ANNO VICESIMO SEPTIMO Cap. VIII forfeit any tobacco imported or brought in loose by the communication aforesaid by water or by land for the use of the person or persons employed in bringing in the same, or any passenger in the boat or carriage, not exceeding two pounds weight for each person or passenger. [side bar: Regulations to be observed at the custom-house at St. John's.] And the regulations aforesaid requiring due entry of such tobacco, pot and pearl ashes, at the custom-house at St. John’s on the said communication, Be it also enacted by the same authority. That all boats, carriages, and conveyances, shall be subjeft to visitation by the officers of the customs or either of them at St. John’s aforesaid, and bond given for the re-exportation of such tobacco, pot and pearl ashes, to be void upon proof thereof by certificate or otherwise, and that no higher fee shall be exacted for such entry and bond, and the office expedition of the ladings aforesaid respectively, than the sum of a Spanish milled dollar for the cargo of a boat of the burthen of fifteen tons, and the half of such dollar for any smaller vessel or other conveyance, And in the case of such lading by a raft the fee of two shillings and nine pence on the entry of every separate importer. [side bar: Forfeitureshoe to be recovered and divided.] All which forfeitures shall be recoverable, and divided in the manner directed by the statutes regulating the forfeitures under the statute regulating the importation of any spirits or other articles by the port of St. Join’s aforesaid. [side bar: On proclamation this ordinance to cease and be void.] And to the intent that if it shall be found by experience that the provisions of this act work any inconvenience to the public interests, the same shall cease and be void on proclamation to be issued by the governor or commander-in chief, with the advice of the council, under the great seal of the province, declaring the same. DORCHESTER. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth; and in the year of our Lord one thousand seven hundred and eighty-seven. By Hss Excellency's Command, J. WILLIAMS, C. L. C ANNO Cap. VIII. GEORGII III. REGIS. 58 [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. (59) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP IX. An ORDINANCE To explain and amend an ordinance, intituled, "An ordinance for repairing and amending the public highways and bridges in the province of Quebec.” WHEREAS by an ordinance made and passed the twenty-ninth day of March, which was in. the year of our lord one thousand seven hundred and seventy seven, and in the seventeenth year of his Majesty’s reign, intituled; "An ordinance for repairing and amending the public highways and bridges in the province of Quebec,” reference in certain cases, is directed to be had by the 5th, 6th, 11th and 13th article thereof, to the governor and council for the purposes therein mentioned, It is hereby enacted and ordained by his excellency the governor and legislative council,, that all the cases which by the said 5th, 6th, 11th and 13th articles of the said ordinance are referred to the decision and direction of the governor and council, are hereby extended and referred, in the absence of the governor in chief, to the decision and direction of the lieutenant governor, Or in his absence of the eldest councellor, other than the chief justice, and the council. . Provided, That nothing herein contained shall extend or be construed to extend to the changing or altering any other part of the said recited ordinance in any manner whatsoever. DORCHESTER. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of thef aith, and so forth; andd in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO (60) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP IX. ORDONANCE [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. (61) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP X. An ORDINANCE Further to continue and to amend an ordiance made on the ninth day of March, in the twentieth year of his majesty's reign, intituled, “ An ordinance for regulating all fsch persons as keep horses and carriages to let and hire for the accommodation of travellers, commonly called and known by the name of maîtres de poste.“ BE it enabled and ordained by his excellency the governor, by and with the advice and content of the legislative council, and it is hereby enacted and ordained, That an ordinance passed in the twentieth year of his majesty’s reign, intituled, “ An ordinance for regulating all such persons as keep horses and carriages to let and hire for the accommodation of travellers, commonly called and known by the name of maîtres de poste,” and every article and clause therein shall continue from the pacing of this present ordinance unto the end of the sessions of the legislative council which will be held in the year of our lord one thousand seven hundred and eighty-nine. And be it further enacted by the same authority, that nothing in the said ordinance hereby continued shall be construed to oblige any maître de poste, or assistant, known by the name of aide de poste, to furnishing horses to any person brought to his stage but by post-horses or by horses belonging to the traveller who may demand a relay. DORCHESTER. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of thef aith, and so forth; andd in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO ( 62 ) ANNO -VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. X. ORDONANCE [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. ( 63 ) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. XI. AN ORDINANCE To amend an ordinance intituled, “An ordinance concerning advocates, attornies, solicitors, and notaries, and for the more easy collection of his majesty's revenues.” WHEREAS among the other qualifications required to introduce persons into the profession of the law, or to the business of a notary, according to the said ordinance passed in the twenty-fifth year of his majesty’s reign, it was made necessary that the clerkship served for the same should have been under written contract, without any reasonable provision for the cases of such as then had been already engaged in the course of qualifying themselves, tho’ not under written contract, yet agreeably to the usage in this province, previous to the passing of the said ordinance; Be it therefore enacted by his excellency the governor and the legislative council, and it is hereby enacted by the authority of the same, That the not having served under written contracts shall be no objection to the introduction of any such person into the respective professions or employments aforesaid, who shall be in other respects qualified, according to the said ordinance, or in the judgment of the persons directed to examine them by the said ordinance, which shall nevertheless be construed to extend to all others, whose clerkships commenced posterior to the enabling of the same. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of thef aith, and so forth; andd in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO (64) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP XI. ORDONANCE [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F. (65) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. XII. An ACT or ORDINANCE For the erection of court houses and prisons for the security of creditors and the safe custody of criminals. [side bar: Preamble.] WHEREAS no competent provision has been made for court-houses or public halls for the convenient administration of justice in the several districts of Quebec and Montreal, nor for suitable prisons for the detention of debtors, and the safe custody of malefactors or offenders. And whereas by the statute intituled, “ An act for making more effectual provision for the government of the province of Quebec in North-America,” authority is given to the legislature of the province to make regulations under certain restrictions for its welfare and good government and to lay rates and taxes for making roads, erecting and repairing public buildings, or for any other purpose respecting the local convenience and economy of any town or district - within the said province; and the request of the last grand jury of Montreal, in the conclusion of their presentment praying the interposition of the legiflature for a suitable remedy to be provided by a law for that purpose, [side bar: Rates to be assessted and levied for building court-houses and goals.] Be it therefore enacted by his excellency the governor, by and with the consent of the legislative council, That rates shall be assessed and levied upon the inhabitants of the districts of Quebec and Montreal, for the purpose of (66) ANNO VICESIMO SEPTIMO GEORGII III. REGIS. CHAP. XII. ORDONANCE [French version of previous page] 67 ANNO VICESIMO SEPTIMO Cap. XII. [side bar: Commissioners who are to assess in the towns.] building proper court-housesand goals in the following manner, that is to say, that Gabriel Elzear Taschereau, Thomas Scott, Antoine Juchereau Duchesnay, Malcolm Fraser, John Coffin, Nicholas Boilleau, Joseph Braslard Delchenaux, Jean Baptiste Couillard, Ignace Aubert de Gafpée, and Pierre Louis Brassard Deichenaux, Esquires, and Meisseurs James Johnston, Adam Lymburner, Robert Lester, Jacques Perrault, Michel Riverin and Charles Riverin, be commissioners for the town and district of Quebec;,and Paul Marganne LaValtrie, Chartier de Lotbiniere, Joseph Marie de Tonancour, François Claude la Perriere, Joseph Montarville La Bruere, James McGill, St. George Dupré, Montigny the elder, Jacob Jordan, Pierre Guy, and Simon Sanguinet, Esquires, and Meisseurs François Maillot, Jean Baptifte Badeau, John Lilly, Joseph La Croix, and Robert Crookshanks, be commissioners for the town and difstrict of Montreal; and they or any five or more of them in each district, are hereby required and authorized to deliberate upon the subject of building a proper court-house and goal in the towns of Quebec and Montreal; the plan and estimate of the expence thereof shall be laid before the governor or commander in chief for the time being, and when approved by the governor, and any five of his majesty’s council, the said commissioners, or any five of them, may and shall proceed to contract for the ground or site, and the erection of the work; and for defraying the expence thereof, they are hereby in pursuance of the statute abovementioned, authorized to assess the proprietors of houses in the towns of Quebec and Mbntreal and banlieues thereof, in proportion to the rates at which the said houses are rented; and in cases where the proprietors occupy the houses themselves, in proportion to the rates at which the said commissioners shall estimate that such houses would be rented. [side bar: Assessors to be elected in the country parishes] And be it further enacted by the same authority, That the parishes be taxed from the number of landholders in each parish taken from the curé’s tythe-list and the livres terriers of the seigniors, who are hereby required to produce the same to the said commissioners, who are hereby directed and authorized to require the inhabitants of each parish, at a meeting assembled for that purpose, to elect assesors or syndics, upon oath, to make such assefsment as shall be directed in proportion to the cleared land, arable or pasture, of the respective possessors, and Cap. XII. GEORGII III. REGIS. 68 [French version of pervious page] 69 ANNO VICESIMO SEPTIMO Cap. XII. all other proprietors of lands or other fixed residents or citizens of the towns or province, within the limits herein after mentioned, in proportion to their respective faculties and abilities, in the judgment and estimation of the commissioners aforesaid, or any five of them; except the convents of women and the order of recollets. The said assessment in the district of Montreal to extend from the river Saint Maurice on the north, and the river Godefroy on the south of the Saint Lawrence, to the Long-Sault on the Otayva River and the west line of New-Longueuil and Beauhamois; and in the district of Quebec from Cape Cat and the Saguinay, to the said rivers Saint Maurice and Godefroy. [side bar: If the assessment is approved by the governor and council warrants to issue for leving the same.] Which assessment if approved by his excellency the governor and council as above, the said commissioners, or any five of them, are authorized to issue warrants to levy the same, and if necessary by distress and sale of the goods and chattels of the defaulter, with the necessary charges of executing the same, returning to the proprietors the overplus, if any there be;, and of the tax lists and sums so to be levied and the expenditures thereof, and also the vouchers for the same, the said commissioners shall render full and just accounts, upon oath, filing the same accounts and vouchers with the clerk of the council, who shall lay the same before the legislative council at their next ensuing sessions. And the said commissioners are hereby enabled to include in the find, assessments the reasonable allowances to be made to the treasurer, clerks and collectors to be by them necessarily employed in the business aforesaid. And when the court-house and goal shall be complete the sheriff of the district shall take the charge thereof and preserve the same for the public uses for which they were constructed. And it is further ordained and enacted, That the commissioners abovementioned shall make oath that to the best of their skill and knowledge they will, execute the trust reposed in them as commissioners for assessing the rates to be paid for the building of court-houses and prisons with fidelity and impartiality. [side bar: Limitation of actions brought against persons acting under this ordinance.] ’ And be it also enacted by the same authority, that no suit shall be commenced agaihst any person acting under the authority of this act after six months from the time of committing the fact for which the same suit is brought; and if the defendant shall prevail in any action brought against him for any matter authorized by this act, the plaintiff shall pay treble costs to be Cap. XII. GEORGII III. REGIS. 70 [French version of pervious page] 71 ANNO VICESIMO SEPTIMO Cap. XII. taxed, and the defendant may plead the general issue for his defence, and give this act in evidence, and the said act shall for that purpose be deemed in all courts to be a public act. [side bar: This ordinance suspended until the royal pleasure is known.] Provided always and be it enacted by the same authority, That this act nor any clause therein contained, shall be of force, until his majesty shall have signified his royal pleadure concerning the same. DORCHESTER. Enabled and ordained by the authority aforesaid, and passed in council under the public seal of the province, at the council-chamber in the castle of Saint Lewis, in the city of Quebec, the thirtieth day of April, in the twenty-seventh year of the reign of our Sovereign lord GEORGE the Third, by the grace of God, of Great-Britain, France, and Ireland, king, defender of thef aith, and so forth; andd in the year of our Lord one thousand seven hundred and eighty-seven. By His Excellency’s Command, J. WILLIAMS, C. L. C. ANNO Cap. XII. GEORGII III. REGIS. 72 [French version of pervious page] Par Ordre de son Excellence, (Signé) J. WILLIAMS, G. C. L. Traduit par Ordre de son Excellence, F. J. Cugnet, S. F.