In addition to the other two courts, Justices of the Peace were
established at Quebec and Montreal who should hold quarter
sessions. These officers of the magistracy, according to Murray’s
instructions, had to be Protestants. One justice was to have
jurisdiction in disputes to the value of five pounds; two were
required for cases to the value of ten pounds. Three justices
should form a quorum to hold quarter sessions, to adjudicate in
cases from ten pounds to thirty pounds. Two justices were to sit
weekly in rotation in Quebec and Montreal.
Finally there should be elected in every parish in the country
bailiffs and sub-bailiffs. The elections were to take place
every 21st day of June and they were to enter upon their duties
on September 29th. “We call them bailiffs,” commenced Murray,
“because the new subjects understand the word better than that of
constables.” The word constable, will, however, better explain
the nature of their multifarious duties.
We now have a view of the change in the law courts in Montreal:
a yearly session of the king’s court and of the court of common
pleas, quarter sessions held by the justices of the peace, and in
the parishes, the bailiffs or constables.
Hardly had the courts erected by the act of September 7th
been held, than the grand jury of Quebec protested vehemently
at the new courts and especially at the privileges given the
new subjects. Their opposition was expected by Murray for his
comment, sent with the act, ran: that some of the English
merchants residing here of whom only ten or a dozen at most
possess any settled property in this province, are very
dissatisfied at the privileges granted to the Canadians to act on
juries; the reason of this is very evident as their influence is
restrained by the measure.
Britishers on the jury who thought the favours to Catholics
unconstitutional were only victims of their narrow prejudices
formed by the prevailing intolerance then existing in England and
its colonies. The toleration to Catholics according to the phrase
“as far as the laws of Great Britain allow” was not the wide
freedom we see nowadays.
Public-domain text, read in full here on John Shaqi.
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