the English laws: laws, and almoft dependant upon them, fo that they could not be changed in any confiderable degree without diminishing the value of the lands themfelves, by means of the practical difficulties that would occur in making ufe of the new modes of conveying land that would be established in their ftead; and therefore he thinks that they ought to be continued. And further, he conceives it will be the more neceffary to revive or continue theFrench laws upon this fubject, in order to prevent the introduction: of the English laws upon the fame fubject, namely, the doctrine The practice of of eftates-tail, the ftatute de donis, the method of defeating that upon this fubject ftatute by common recoveries, the doctrine of fines, the ftatute of would be highly ufes, and the doctrine of ufes in general, and other nice doctrines, the province. relating to real eftates, which are full of fo much fubtlety, intricacy, and variety, that, if they were to be introduced into this province, they would throw all the inhabitants of it, without excepting even the English lawyers, into an inextricable maze of confufion. For thefe reafons he apprehends that the English laws upon this fubject ought never to be introduced here; and that the former laws of the province relating to it ought for the prefent tobe revived.. inconvenient to ritance and diftribution of. Laffly, as to the French laws concerning dower and the Laws of inhe inheritance of lands and the diftribution of the goods of in- dower, and the teftates, with refpect to fuch marriages as have been contracted, the effects of and fuch deaths as have happened, fince the establishment of the inteftates. civil government in this province, your Majefty's attorney general' of this province is humbly of opinion, that thofe laws ought not to be confidered as neceffary appendages to the property of your. Majefty's Canadian fubjects in this province, and as having therefore been granted to them by implication in the articles of capitu-lation and the definitive treaty of peace; because they do not affect the property, or the rights, of the Canadians then in being, to whom alone thofe grants were made, but only guide and determine the. courfe and devolution of that property after their deaths among perfons that were then unborn. This, therefore, he conceives to be a matter upon which the authority of a legiflator may properly be exercised. And he further apprehends, that in fome time hence a change of the laws relating to thefe fubjects, and especially of thofe relating to dower and the inheritance of land, would be highlybeneficial to this province, the prefent exceffive fubdivifion of the lands, : lands, by repeated partitions of them amongst numerous families, being productive of confiderable inconveniencies. But this, he apprehends, need not be done at prefent; and he conceives, that, if ever it should be thought advifeable to do it, it' ought to be done by a full and exprefs declaration beforehand of the time at which the propofed changes fhould take place, with a power given to fuch perfons as difliked them to prevent their taking place in their refpective families by exprefs provifions and agreements to the contrary, and should be accompanied with fuch temperaments and ` modifications as fhould make the adopting them be in a manner the voluntary act of the perfons who were affected by them. But for the prefent he conceives it might be better to poftpone those important changes, and to revive the ancient laws of this province concerning inheritance and dower, and the diftribution of inteftates eftates, as well as thofe relating to the tenures of land and the power and manner of aliening and mortgaging and otherwife incumbring it. And this one ordinance, reviving the faid ancient laws relating to landed property and the diftribution of the effects of perfons who die inteftate, would, as he conceives, be sufficient to preferve the tranquillity of the province, and to give fatisfaction to the bulk of the Canadians: at least, he apprehends it would be enough to begin with: and if, upon trial, it should be found neceffary to revive fome other of the French laws that formerly fubfifted in this province, it might be done by another ordinance or two, that might be paffed for that purpose, when the neceffity of them fhould become apparent. By fuch an ordinance as is above-mentioned paffed at prefent, and by the establishment of an eafy and cheap method of adminiftering juftice in this province with fufficient expedition, he conceives that the far greater part of your Majefty's Canadian fubjects would be contented. This therefore is what he humbly prefumes to recommend to your Majefty as the best method which he can fuggeft for the fettlement of the laws of this province, after the fulleft confideration of this difficult and important fubject. FRANCIS MASERES, QUEBEC, September 11th, 1769. Attorney General. N. B. In N. B. In the foregoing fhort report, or opinion, of the attorney general of the province of Quebec, the particulars of the plan therein recommended for the adminiftration of justice in the province of Quebec are not set forth, [but only the general fubftance of it is briefly mentioned in these words: "What he has principally obferved to be the subject of the complaints of the Canadians has been either the expence or "the dilatoriness of our law-proceedings, which he therefore "conceives ftand in need of reformation: and he is of "opinion, that to establish three courts of general jurisdiction, "in all matters criminal as well civil, in the province, to fit "every week in the year (with a very few exceptions) in "the towns of Quebec, Three Rivers, and Montreal, would be the most adequate remedy for these complaints." Now the particulars of this plan are as follows. NUMBER III. P L A N The province fhould be divided into three districts, or fhires. OFA Convenient METHOD of administering JUSTICE in the [N. B. This plan is the fame with that in the foregoing draught of an intended report of the governour and council of the province of Quebec, which the governour rejected, page 32, et feq; with a few additional remarks] IT In the first place, it would be proper to divide the province again into the three districts of Quebec, Three Rivers, and Montreal, as in the time of the French government; and to call them fhires, which is the name of the districts into which England Each fhire fhould is divided; and to appoint a feparate minifterial or executive officer have a feparate of justice to each of these fhires or diftricts, to be called, as in England, the fheriff of the fhire, inftead of having an officer of this kind, called a provost-marshal, for the whole province, as is now the cafe. fheriff. A feparate royal court of judica erected in each In each of these fhires, or diftri&s, there fhould be a feparate ture fhould be royal court of judicature, which should hold its feffion in the chief, diftrict, or fhire; or rather the only town, in the district; for the towns of Quebec, Three Rivers, and Montreal are the only towns in the province. which fhould Thefe courts fhould confift of one English judge, to be appointed English judge by his Majefty, and a Canadian affiftant, or affeffor, to be named affeflor. by the governour of the province. Thefe courts fhould have full confift of one and a Canadian power power to hear and determine all matters, both criminal and civil, arifing within their respective jurisdictions, just as the chief juftice of the province is impowered to do upon the prefent establishment throughout the whole province. The English judges fhould be barristers at law of at least five years standing at the bar; and they should be fuch as, befides their skill and knowledge in the law, had a competent knowledge of the French language. This would be almost a neceffary qualification, in order that they might be able to understand the evidence given by the French witneffes who would fo often be examined before them: and to enable them to do this more readily, and likewise to comprehend the nature and extent of fuch of the ancient laws and cuftoms of the country as his Majesty shall think fit to revive or continue, would be the principal ufe of giving them the affeffors above-mentioned, who fhould be Canadian lawyers or notaries of good character and ability. But these Canadian affeffors fhould only affift them with their opinion and advice, without having any vote or authority to decide the caufes in conjunction with the judges; but the whole power of finally deciding them should be vefted folely in the English judges. : This employment of the Canadian lawyers, even in this subordinate capacity of affiftants and advifers, would be thought a very gracious indulgence in his Majesty by all his Majesty's new Canadian fubjects and many of them, to whom it has been mentioned, have expreffed an intire approbation of it. If they were to have an equal degree of authority with the English judges in the final decifion of caufes, they would be much more likely than the English judges to abuse it, by reafon of their connections in the country, and the enmities and partialities that those connections would give birth to: and, befides this, there are other reasons which would make it inexpedient for his Majefty to truft his new Roman Catholic fubjects, fo lately brought under his allegiance, with fo great a degree of power. fit every week. Thefe judges and their affiftants should hold their courts every Thefe courts to week throughout the year, excepting one month at Christmas, one week at Eafter, and another at Whitfun-tide, which are the three greatest seasons for holydays obferved by Chriftians. And they fhould fit on the Tuesday or Wednesday of every week, to the end |