STATE OF THE GOVERNMENT UNDER THE FRENCH ADMINISTRATION

The Governor General was Chief in

•ail Military, and the Intendant in ail

Civil affairs, the latter superintended the

(1) Smith, History of Canada, II, 45.

Jiisli('o, Police, .'iiiil Imii.'iikts ni' llic GovcMiiiiuMil,, li(3 lieard ;iml jiid^'ed (Iciiiiilivcly ail Irilliii*,' caiiscîs, appeals Irorn lh«i régulations of [\n\ îiis[)(îCtor of llighways wiîiMî luft lo his décision. Uo issiuid re;^Milations for tlu; Police of Ihe Town and Country, and eniitted his Ordinances fixiiig a price upon ail kinds of provision, at his will and pleasniMî.

For Iho casier aihninistralion of Jnstice, he commissioned threc sub-delegates residing at Québec, Montréal and Three Rivers, who took cognizance of such matters as were not very intricate ; but from thcir judgment the parties might appeal to the Intendant.

The Prévôté of Québec, was a Court of Justice, composed of a Lieutenant General, a Lieutenant Particular, a Procureur du Roi, or King's Attorney ; they judged ail matters Civil in the first instance, and ail appeals from their sentence were brought before the Conseil Supérieur.

The Prévôté likewise took cognizance of appeals from the private jurisdiction, whicli could be carried again from this Court before the Conseil Supérieur.

In capital crimes, or such as deserved severe penalties, the Lieutenant General called into his assistance two of the most eminent Lawyers, but still their sentence could not be carried into exécution, until the same was conhrmed by the Council, at which seven must at least be présent.

Attending this Court were six Notariés Public, a Clerk, and six Huissiers^ of which one was Crier.

The Government of Trois Rivières and Montréal, had each their Lieutenant General, a King's Attorney, Clerk, Notariés and Huissiers.

From thèse, several appeals wei-e brought before the Conseil Supérieur established at Québec, composed of a First Counsellor, who generally presided, and eleven others, of which one or two were Priests ; thèse never were présent in Cri-

iniiial niatlers: the other officers atUMiding liiis Court were, au Attorney General, a ChiefChîrk, and a Premier Iluisslfr At QiielM.'c was also a (iourl of Adnii ralty, consisting of a Liouli'uant General, connnissionfîd by the Iligh Admirai of Francf?, a King's Attorney, a Clerk. and a Huissier : this Court took cognizance of Maritinn; affairs, and appeals from tluMic(3 were carried before the Conseil Supérieur.

There was also and Inspeclor of [lut Iligh Roads, or Grand Voyer^ who had the régulation of ail matters relative to them ; difïiculties which arose from this Olîicer s régulations were decided by the Intendant.

The only Laws were the King's Edicts, or the Arrêts of his Council of State, registered at the Conseil Supérieur^ and the Intendant's Ordinances : in matters of property, they foUowed the Custorn of Paris, but in marriage settlements they were at liberty to follow the custom of any other Province in that Kingdom.

The âge of majority was fixed at twenty-flve, but at eighteen, or upon marriage, the Council granted them letters of émancipation, which intitled them to enter immediately into the enjoyment of the moveablies and income of their estate.

Guardians are chosen by an assembly of seven of the nearest relations of the minors, and for want of thèse, of so many of their friends, a public act is drawn out for this transaction, which is registered, and the person elected is sworn to administer faithfully.

The tenure of Lands hère are of tico sorts. The Fiefs or Seigneuries. — Thèse lands are deemed noble ; on the démise of the possessor, his eldest son inherits one half, and shares with the other children in the remainder, if any of thèse die without posterity, the brothers share the portion of the deceased exclusive of their sisters.

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The purchaser of thèse Fiefs enters iiito ail the privilèges and immuni ties of the same, but pays a fifth of the purchase money to the Sovereign, who is lord of the soil. By law the Seigneur is restricted from selling any part of his land that is ïiot cleared, and is likewise obliged (reserving a sufficiency for his own private domaine) to concède the remainder to such of the inhabitants as require the same, at an annual rent, not exceeding one sol, or one halfpenny sterling, for each arpent in superficies. The Seigneurs had the right of haute^ rnoycnnc et basse^ justice^ in their several fiefs, but this was attended with so many abuses and inconveniences, that the inferior jurisdictions were mostly disused.

The lands conceded by the Seigneur is the second sort of tenure, and thèse ail called, terres en roture. The property is entirely in the possessors, and the rent they pay can never be raised upon thein ; they can sell it as they please, but the purchaser is obliged to pay a twelfth of the purchase money to the Seigneur. The children of both sexes share equally in the lands, but if upon a division, the several parts are found unequal to the subsistance of a family, they are obliged to sell to one another. By Lav^, no man can built upon a pièce of land of less exlent than one arpent {a) half in front, upon a depth of thirty or forty ; this was done with a view to promote cultivation, and to oblige the inhabitants to spread ; edicts hâve been published from time to time, to reunite such lands to the crown as were not settled within a term of years prescribed, the last of thèse was published in one thousand seven hundred and thirty-two, a copy of which is annexed.

The Ganadians are formed into a militia, for the better régulation of which, each parish, in proportion to its êxtent

(a) An arpent consiste of ten perches, a perch Is eighteen feet French measure.

and number of inhabitants, is divided into one, two, or more companies, who hâve Iheir ofTicers, Gaptains, Lieutenants, Ensigns, Serjeant-Majors, &.C., and ail orders of public régulations are addressed to the Gaptains or Gommanding Officers, who are to see the same put into exécution ; from thèse companies detachments were formed and sent to any distance, and in one thousand seven hundred and fifty-nine, and one thousand seven hundred and sixty, the whole were in arms for the défende of their country.

OBSERVATIONS

The Intendant's fixing a price upon provisions at his own will and pleasure, was liable to much abuse, for thougli the country was abounding with ail kindsof grain, yet under pretence that a large quanti ty was wanting for the King's service, repeated le vies were made upon the Inhabitants, through every part of the province, proxjortioiiably to what it was supposed they could spare, the Intendant paying such price as he pleased to set upon it ; great part of which grain, was afterwards exported by Gommissaries to the French Islands, and when a scarcity was apprehended, they sold the remainder to the public at an advanced price.

Under pretence of a scarcity of blac'i cattle, and before the British troops had made any impression on the Golony, horses were killed and served to the troops, probably to excuse the exorbitant charge of ail kind of provisions purchascd on the King's account, for notwith standing the waste made by the two contending Armies, and that the French troops lived intirely upon the country for near two years, we hâve the strongest ocular proof, there was no occasion to hâve had recourse to this expédient, if the King's o^icers had not meant it as a cloak to their knavery.

2. The members of the Gourts of Justice were mostly natives of old France,

LK r)JU)I'r civil. CANADIKN.

,111(1 iiiindiid mon; tluîii- owii alVairs than tlio adiuiiiistralioii of justit'o ; tlicir dr-cisioiis lli(3r(;f()i'(; woro not inii(di re^^jjfîclcd, aiid iiidiHîd for siicc(3ss, thc parlirs dopKiided goiierally more vipon llio favor and protection of Ihe great, thaii upoii the goodness of their cause.

3. Tliongh the Govenior Gonera), the Bishop and the Intondant were by thoir several olHces, présidents of the Gouncil, and that hère to fore they had used to be présent at their deUberations, in latter times they honored it very Uttle with their présence ; a circnmstance which contributed much to the gênerai disesteem in which this part of the judicature had fallen.

4. The office of Grand Voyer or inspector of the High-ways, under proper régulations and restrictions, seems to be highly necessary for the ease and benefit of the interior commerce.

5. The Ganadians mostly of a Norman race, are in gênerai of a litigious disposition, the inany formalities in their proceedings and the multiplicity of instruments to be drawn upon every occasion, seems to encourage this disposition. A short and well digested code, by laying aside many of thèse, may in a good measure serve to correct it.

Fixing the âge of majority at tweutyone, as in other parts of Mis Majesty's dominions, is an innovation which could not fail of being agréable to the youth, as the freedom of building where they see convenient, and upon such extent of ground as they think proper, would be acceptable to ail the people in gênerai, and promote new establishments; especially the fisheries in the lowers part of the river and gulph of St. Lawrence.

DROIT* d'aubaine.

A Foreigner dying intestate, and without Ghiidren, the King succeeds to his Estate.

Droit de. Deahérance^ likewise to testâtes wlinh r.ill to iKjrsons under monantic Vfjvvs, and lher(3fore incapabh; of iiiheriting, as to {x.Tsons illegitiinate, who die wilhuut posterity and intestate.

DHOITS i/EPAVES.

Where whales or wrecks are drove on shore above the high watermark, ail ex Ijonces first deducted, the King had one third, the high Admirai another. and the person who saved it, the remainder.