Accordingly on October 28, 1760, General Gage issued his orders
establishing tribunals of militia officers to regulate civil
disputes among individuals and a second tribunal of appeal before
the regular military court, with a final court of appeal to
himself.
The rest of the document deals with police prohibitions to the
inhabitants, not to harbour deserters or to traffic with the
soldiers for their arms, clothing, etc., or any other of their
accoutrements; it orders chimneys to be swept once a month, and
other precautions against fire; carpenters were to be prepared
with an adz, the inhabitants with an axe and bucket; also
arrangements for safety against snow from falling from houses,
the cleansing of the portions before the house and the disposal
of garbage, the keeping of the roads and bridges in good order,
and regulations concerning the sale of provisions brought in by
the country people, the sale to be made in the common market
place with the prohibition to town merchants to forestall the
citizens by buying up the supplies brought in. The militia
captains being no lawyers, were only required by Amherst to
dispense law and justice as best they could, being limited to
civil cases.
The ordinance of Thomas Gage, governing the administration of
justice in his jurisdiction of Montreal by dividing it into
five districts with definite powers and the regulations for the
upkeep of the courts therein, was dated at Montreal, October 13,
1761. In each of the five districts there was to assemble on the
first and fifteenth of each month a court of officers of the
“_Milice_.” These militia courts were to be composed of not more
than seven and not less than five members, of which one should
hold the rank of captain, the senior to act as president. The
officers of militia of each district were summoned to meet in
their parishes on the 24th of October to make arrangements for
the whole of these courts and to prepare rosters of officers for
duty therein.
The Town of Montreal was set apart as a judicial district of
its own, with a local board of officers to administer the laws.
Appeal was allowed from these courts to three boards of officers
of His Majesty’s Troops, one to meet at Montreal, the other at
Varennes and the third at St. Sulpice, these courts of appeal to
sit on the 20th of each month. A further appeal from these courts
to the governor in person was provided for.
In the event of capital crimes, officers of militia were
authorized to arrest the criminals and their accomplices and to
conduct them under guard to Montreal, the militia officers to
furnish with each prisoner an account of the crime and a list of
witnesses. In civil cases involving small amounts, not exceeding
twenty _livres_ all the officers of the militia were individually
granted authority to adjudicate with an appeal to and no further
than the militia courts of the districts.
Public-domain text, read in full here on John Shaqi.
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