The circular prepared by a committee of the Council was addressed
“To the Justices of the Peace active in and for the district
of Montreal.” It opened with a charge that “it appears from
facts too notorious to be dispelled that His Majesty’s subjects
in general, but more particularly his Canadian subjects, are
daily injured and abused to a degree they are no longer able to
support nor public justice endure.” The chief charges were of
extorting excessive fees from litigants applying freely to the
court and that in addition a low class of bailiffs, many of them
French Canadians, who provoked and instituted lawsuits among the
inhabitants were going about with blank forms signed with the
justices’ names ready to be filled up at any moment. Thus abuses
were numerous.
In August a committee of the Council sat to consider further
the state of the administration of Justice under the justices
of peace. A report was prepared and was read on August 29th and
September 11th. It was agreed to in the Castle of St. Louis
by the council on September 14th, and Acting Attorney General
Kneller was instructed to prepare an ordinance on the point.
The report after stating that although the original powers
in matters of property given to justices of the peace by the
ordinance of September 14, 1764, were exceedingly grievous and
oppressive to the subjects, yet even so “the authority given
to the Justices hath been both too largely and too confidently
entrusted and requires to be retrenched if not wholly taken
away.” It then notices “The Justices of Montreal have in one
instance, and probably in many others which have passed without
notice, assumed to themselves powers of a nature not fit to
be exercised by any Summary Jurisdiction, whatsoever, in
consequence of which Titles to Land have been determined and
possessions disturbed in a way unknown to the laws of England and
inconsistent with the solemnity and deliberation which is due to
matters of so high and important a nature. And we are not without
information, that even where personal property only has been in
dispute, one magistrate in particular under pretense that it was
at the desire and request of both the contending parties has by
himself exercised a jurisdiction considerably beyond what the
ordinance has allowed even to three Justices in full court at
their Quarter Sessions.
“From an omission of a similar nature and for want of
ascertaining the manner in which their judgments were to be
inforced, we find the Magistrates to have assumed another very
high and dangerous Authority in the exercise of which Gaols are
constantly filled with numbers of unhappy objects and whole
families reduced to beggery and ruin.”
Later the report refers to evils “which will probably always be
the case when the office of a Justice of Peace is considered as a
lucrative one and must infallibly be so when it is his principal,
if not, only dependence.”
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account