Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
The civil law of French Canada relating to "property," inheritance,
marriage, and the personal or civil rights of the community generally,
had its origin, like all similar systems, in the Roman law, on which
were engrafted, in the course of centuries, those customs and usages
which were adapted to the social conditions of France. The customary law
of Paris became the fundamental law of French Canada, and despite the
changes that it has necessarily undergone in the course of many years,
its principles can still be traced throughout the present system as it
has been modified under the influences of the British regime. The
superior council of Canada gave judgment in civil and criminal cases
according to the _coutume de Paris_, and below it there were inferior
courts for the judicial districts of Quebec, Three Rivers and Montreal.
The bishop had also special jurisdiction over ecclesiastical matters.
The intendant had authority to deal with cases involving royal, or
seigniorial, rights, and to call before him any case whatever for final
review and judgment. In all cases appeals were allowable to the king
himself, but the difficulty of communication with Europe in those days
practically confined such references to a few special causes. The
seigniors had also certain judicial or magisterial powers, but they
never acted except in very trivial cases. Torture was sometimes applied
to condemned felons as in France and other parts of the old world. On
the whole justice appears to have been honestly and fairly administered.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account