FRENCH ADMINISTRATION

The Governor General was Chief in all Military, and the Intendant in all

Civil affairs, the latter superintended the

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

Justice, Police, and Finances of the Government, he heard and judged definitively all trifling causes, appeals from the regulations of the Inspector of Highways were left to his decision. He issued regulations for the Police of the Town and Country, and emitted his Ordinances fixing a price upon all kinds of provision, at his will and pleasure.

For the easier administration of Justice, he commissioned three sub-delegates residing at Quebec, Montreal and Three Rivers, who took cognizance of such matters as were not very intricate; but from their judgment the parties might appeal to the Intendant.

The Prévôté of Quebec, was a Court of Justice, composed of a Lieutenant Gene.

ral, a Lieutenant Particular, a Procureur du Roi, or King’s Attorney ; they judged all matters Civil in the first instance, and all appeals from their sentence were brought before the Conseil Superieur.

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

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 execution, until the same was contirmed by the Council, at which seven must at least be present.

Attending this Court were six Notaries Public, a Glerk, and six Huissiers, of which one was Crier.

The Government of Trois Rivieres and Montreal, had each their Lieutenant Ge.

neral, a King's Attorney, Cierk, Notaries and Huissiers.

From these, several appeals were brought before the Conseil Superieur established at Quebec, composed of a First Counsellor, who generally presided, and eleven others, of which one or two were Priests ; ta2se never were present in Cri-

minal matters: the other officers atten.

ding this Court were, an Attorney General, a Chief Clerk, and a Premier Huissier

At Quebec was also a Court of Admiralty, consisting of a Lieutenant General, commissioned by the High Admiral of

‘France, a King's Attorney, a Glerk, and

a Huissier : this Court took cognizance of Maritime affairs, and appeals from thence were carried before the Conseil Superieur.

There was also and Inspestor of the High Roads, or Grand Voyer, who had the regulation of ail matters relative to them ; difficulties which arose from this Officer’s regulations were decided by the Intendant.

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

The age of majority was fixed at twenty-dve, but at eighteen, or upon marriage, the Council granted them letters of emancipation, which intitled them to enter immediately into the enjoyment of the moveables and income of their eslate.

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

The tenure of Lands here are of two sorts.

The Fiefs or Seigneuries. — These lands are deemed noble ; on the demise of the possessor, his eldest son inherits one half, and shares with the other children in the remainder, if any of these die without posterity, the brothers share the portion of the deceased exclusive of their sisters.

ficers atten.

torney Genemier Huissier urt of Admiant General, . Admiral of a Glerk, and & Cognizance ppeals from > the Conseil

sector of the er, who had rs relative to ose from this cided by the

ing’s Edicts, of State, reieur, and the 1 matters of e Custom of lements they he custom of Kingdom.

as fixed at n, Or upon ed them letintitled them e enjoyment e of their es-

an assembly itions of the », of so many ct is drawu ch is registe

js sworn to

of two sorts.

These lands emise of the rits one half, children in e die without à the purtion their sisters.

The purchaser of these Fiefs enters into all the privileges and immunities 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 uot cleared, and is.likewise obliged (reserving a sufficiency for his own private domaine) to concede 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, moyenne 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 these all called, terres en roture. The property is entirely in the possessors, and the rent they pay can never be raised upon thern ; 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 Law, no man can built upon a piece of land of less extent 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 have 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 these was published in one thousand seven hundred and thirty-two, a cop; of which is annexed,

The Canadians are formed into a militia, for the better regulation of which, each parish, in proportion to its extent

(a) An arpent consists of ten perches, a peroh 1s eighteen feet French measure,

and number of inhabitants, is Civided into one, two, or more companies, who have their officers, Captains, Lieutenants, Ensigns, Serjeant-Majors, &c., and all orders of public regulations are addressed to the Captains or Commanding Officers, who are to see the same put into execution ; from these 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 defence of their country.

OBSERVATIONS

The Intendant's fixing a price upon provisions at his own will and pleasure, was liable to much abuse, for though the country was abounding with all kinds of grain, yet under pretence that a large quantity was wanting for the King's service, repeated levies were made upon the Inhabitants, through every part of the province, proportionably 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 Commissaries to the French Islands, and when a scarcity was apprehendeë, thcy so:d the remainder to the public at an «dvanced price.

Under pretence of a scarcity of black cattle, and before the British troops had made any impression on the Colony, horses were killed and served to the troops, probably to excuse the exorbitant charge of all kind of provisions purchased 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 have the strongest ocular proof, there was no occasion to have had recourse to this expedient, if the King's officers had not meant it as a cloak to their knavery.

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

and minded more their own affairs than the administration of justice ; their decisions therefore were not much respected, and indeed for success, the parties depended generally more upon the favor and protection of the great, than upon the goodness of their cause.

3. Though the Governor General, the Bishop and the Intendant were by their several offices, presidents of the Council, and that heretofore they had used to be present at their deliberations, in latter times they honored it very little with their presence; a circumstance which contributed much to the general disesteem in which this part of the judicature had fallen.

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

5. The Canadians mostly of a Norman race, are in general of a litigious disposition, the many 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 these, may in a good measure serve to correct it.

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

CELELEEELIEEEEEEENEENENPEETTT) CELELELETENELEE TEEN EEE LIIITT)