under the said assessment, such monies as may be due and payable from the said inhabitants, in respect of the matters aforesaid, which collector shall account for and pay over the monies so received by him, in such manner as shall be directed by any Act or Acts of the said Legislature, that may_authorize the imposing and levying such rates and taxes respectively. V. And also to choose and nominate in manner aforesaid, not less than two or more than six persons, as shall be specified in the warrant to be issued by the said justices, to serve the office of overseers of highways and roads, to oversee and perform such things as shall be directed by any Act to be passed, touching or concerning the highways and roads in this Province, which said overseers shall also serve the office of fence-viewers, and are hereby authorized and required, upon receiving proper notice, to view and determine upon the heighth and sufficiency of any fence or fences within their respective parish, township, reputed township, or place, conformably to any resolutions, that may be agreed upon by the said inhabitants at such meeting to be holden, under and by virtue of such warrant as aforesaid.

VI. And also to choose and nominate in manner aforesaid, a person or persons to serve the office of poundkeeper, who is hereby authorized to impound all cattle, and each and every horse, sheep and hog that shall trespass on the lands of any person, having inclosed the same by such high and sufficient fence, as shall have been agreed on in manner aforesaid, and also to impound any stoned horse, more than one year old, that shall be running at large upon the high-ways or commons, and to detain such horse until the owner thereof shall have paid the sum of twenty shillings, one half to be paid to the person taking such horse, the other half thereof to the collector, towards the public stock of the district.

VII. And also to choose and nominate in manner aforesaid, two fit and discreet persons to serve the office of town wardens for such parish, township, reputed township or place; but as soon as there shall be any church built for the performance of divine service, according to the use of the church of England, with a parson or minister duly appointed thereto, then the said inhabitant householders shall choose and nominate one person, and the said parson or minister shall nominate one other person, which persons shall jointly serve the office of church warden, and that such town wardens or church wardens, and their successors duly appointed, shall be as a corporation, to represent the whole inhabitants of the township or parish, and as such may have a property in goods or chattels of or belonging to the said parish, and shall and may sue, prosecute or defend in all presentments, indictments or actions, for, and on the behalf of the inhabitants of the said parish.

VIII. And be it further Enacted by the Authority aforesaid, That the constable presiding at such meeting, shall and is hereby required, to cause a list to be made out, containing the names of the persons chosen and nominated to serve and execute the several offices herein before mentioned in manner aforesaid, which list shall be signed by the said constable, who shall forthwith communicate the same to either of the justices, having signed the warrant by virtue of which such meeting was holden, and it shall and may be lawful for either of the said justices, or for any justice of the peace, acting within the division, and he is hereby authorized and empowered to administer an oath of office, to each and every person or persons so chosen and nominated as aforesaid, with seven days after such meeting as aforesaid, in the following form:

"You, A. B., do promise and swear, that you will faithfully, diligently "and justly serve and perform the office and duties of "for

"So help you God."

according to the best of your abilties—

And that every person having taken such oath, shall be held to be lawfully appointed to such office, for which he shall have been chosen and nominated as aforesaid.

IX. Provided always, that any person so chosen and nominated to

serve any of the offices herein before mentioned in manner aforesaid, who shall refuse or neglect to signify his consent to enter upon such service, and to take the oath herein before set forth by the space of seven days after such nomination as aforesaid, shall forfeit and pay the sum of forty shillings for every such neglect or refusal, to be recovered upon proof thereof on confession, or by the oath of one credible witness, before any one justice of the peace, acting within the said division, to be levied by warrant of distress, and sale of the goods and chattels of the party so neglecting or refusing, and to be paid into the hands of the treasurer, towards the public stock of the district, except in the case of forfeiture of any person or persons nominated to be overseers of the highways and roads, and refusing to act, whose penalties shall be paid into the hands of the commissioners of the highways and roads, and that it shall and may be lawful, in case of refusal as aforesaid, for any two of his Majesty's justices, acting within the said division, to hold a special session for the purpose of naming one or more person or persons to serve the office, that may have been refused by the party chosen to serve the same, and fined in manner aforesaid, and if the person or persons so named by the said justices, upon being served with due notice thereof, which notice the constable is hereby required to serve upon the person, or leave the same at his usual place of abode, shall neglect or refuse by the space of seven days, after the service of such notice, to accept the said office, and take the oath herein before prescribed, he shall for every such neglect or refusal, forfeit the sum of forty shillings, to be levied by distress and sale, and paid over in manner herein before mentioned.

X. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the justices of the peace, within the respective limits of their commissions at their general quarter sessions in the month of April assembled, or the greater part of them, to nominate and appoint yearly and every year, a sufficiently discreet and proper person, to serve the office of high constable in each and every district, and also to nominate and appoint, such a sufficient number of persons, as in their discretion will be necessary, to serve the office of constable in each and every parish, township, reputed township, or place, and the said constable and constables, before they enter upon their office, shall severally take the following oath, which it shall and may be lawful for any justice of the peace to administer

"YOU shall well and truly serve our Sovereign Lord the King, in the "Office of for the of "for the year ensuing, according to the best of your skill and knowledge— "So help you God."

XI. Provided always, and be it further Enacted by the Authority aforesaid, That no person having been appointed and served any of the offices mentioned in this Act, shall be liable to be appointed, or serve the same office, within three years from such appointment, and service, unless he shall consent thereto.

XII. Provided also, That when any township, or reputed township, shall not contain thirty inhabitant householders, it shall not be lawful for the said justices to issue their warrant for calling a meeting therein, but the said inhabitant householders shall be joined to and be reputed and taken as inhabitants of the township adjacent thereto, which shall contain the smallest number of inhabitants.

XIII. And be it enacted, That it shall and may be lawful for the justices of the Peace within the respective limits of their commissions, at the General Quarter Sessions in the month of April to be holden, assembled, or the greater part of them, to limit and appoint such fees and perquisites as to them shall appear reasonable to be demanded and taken by every town clerk and pound keeper of the several parishes or townships within their respective districts.

SCHEDULE.

JUSTICE'S WARRANT TO ASSEMBLE THE INHABITANTS.

Home District.

To the Constable for the Township of

in the said District.

By virtue of a power for such purpose granted by a certain Act of the Legislature of this Province, made and passed in the thirty-third year of his present Majesty's reign, to us A. B., Esquire, and C. D., Esquire, two of his Majesty's justices of the peace in and for the said district, these are to authorize and require you, giving eight days previous notice, to assemble the inhabitant householders, paying or liable to pay to any public assessment or rate living within your parish or township, to meet at for the purpose of choosing and nominating certain fit and proper persons to serve the offices herein specified for the ensuing year, that is to say, one town clerk, two assessors, one collector, two or more overseers of the highways and roads, one or two pound-keepers, and two town wardens, according to the directions in the said Act contained, and for so doing this shall be a sufficient warrant.

on

Given under our hands and seals at

day of

in the

year of the reign of

on the

CONSTABLE'S NOTICE TO BE GIVEN ON A NOMINATION TO AN OFFICE BY THE

Whereas at a special session for that purpose holden on the

day of

by A. B., Esquire, and C. D., Esquire, two of His Majesty's justices of the peace for the said district, you were by the said justices nominated and appointed to serve the office of for the township of for the year next ensuing, by virtue of a power to them for that purpose granted by a certain Act of the Legislature of this Province. These are therefore to notify unto you, that unless you accept the said office, and take the oath prescribed, within seven days from the receipt of this notice, you shall for such neglect or refusal, forfeit and pay the sum of forty shillings, as by the said Act is directed. in the year,

Dated this

To Mr. L. M..

day of

G. H. Constable.

LIX

EXTRACTS FROM THE RULES AND REGULATIONS OF THE HOUSE OF ASSEMBLY, LOWER CANADA, 1793

Resolved:

[Trans. Doughty and McArthur.]

BILLS

III. That Bills relative to the criminal laws of England in force in this province, and to the rights of the Protestant clergy, as specified in the Act of the 31st year of his Majesty, chap. 31', shall be introduced in the English language; and the Bills relative to the Laws, customs, usages and civil rights of this Province, shall be introduced in the French language, in order to preserve the unity of the texts.

IV. That such Bills as are presented shall be put into both languages, that those in English be put into French, and those presented in French be put into English by the clerk of the House or his Assistants, according to the directions they may receive, before they be read the first time-and

1 See No. LV.

when so put shall also be read each time in both languages-well understood that each Member has a right to bring in any Bill in his own language, but that after the same shall be translated, the text shall be considered to be that of the language of the law to which said Bill hath reference. RULES RELATIVE TO THE INTRODUCTION OF PRIVATE BILLS, PASSED IN THE HOUSE THE 19TH APRIL, 1793

VIII. That all aids and supplies granted to his Majesty by the Legislation of Lower Canada are the sole gift of the Assembly of this Province, and all Bills for granting such aids and supplies, ought to begin with the Assembly, as it is the undoubted right of the Assembly to direct, limit, and appoint in all such Bills, the ends, purposes, considerations, conditions, limitations and qualifications of such grants, which are not alterable by the Legislative Council.1

LX

SUGGESTIONS REGARDING THE GOVERNMENT OF CANADA SUBMITTED BY LORD DORCHESTER TO MR. SECRETARY DUNDAS, FEBRUARY 19, 1793

[Trans. Doughty and McArthur.]

1st. The Establishment of a general Government for all the King's Provinces in North America.

To consist of a Governor General, a general Legislative Council, and a House of General Representatives to be chosen by the Assemblies of the different Provinces, with a General Executive Council, and such other Officers as the King may see fit.

The necessity of a General Government for the Colonies was urged from New York in 1783 and again in 1790 in the letter No. 15 to Lord Grenville of the 8th February from Quebec, particularly the inclosures C and D.3

Without a measure of this kind, the general interest of the Empire, as well as the true interest of the Colonies themselves will suffer, and at a future day of their Prosperity, the Unity of the Empire will be Endangered. With the introduction of a General Government, the Colonies of Nova Scotia and New Brunswick should at the same time be put on a footing with the two Canadas by giving them Quadrenial Elections, Seats in the Legislative Councils for Life and their Lands free from Quit Rent.

2nd. The Establishment of a free course of Justice throughout every part of His Majesty's North American Dominions.

In the present unsettled State of the Boundary between the Colonies and the United States, neither our Courts of Justice nor our Legislatures can operate coextensively with the King's Dominions and Possessions.

4th. A more perfect organization of the Courts of Justice in Lower and Upper Canada.

One supreme court of Common Pleas for each Province will give uniformity, energy and dispatch to the Administration of Justice.

15th. An alteration of the new Canada Act, in respect to the disqualification of those Canadians, who, though absent at the Cession, have been residents of the Province for more than seven years.

This is one of the earliest attempts to draw up a method of parliamentary procedure, and to assert the sole right of the Assembly to vote money.

Henry Dundas, afterwards Viscount Melville, was appointed Secretary of State for the Home Department, July 8, 1791.

See Nos. LIII and LIV.

Several Members of the Upper and Lower House are supposed to be actually under this disqualification.1

Having maturely considered the Suggestions submitted to me by your Lordship relative to His Majesty's North American Governments, I take this opportunity previous to your Lordship's departure for Quebec of conveying to you, my sentiments upon each of them separately, and in the order in which they stand in a Copy of them hereto subjoined.

The first suggestion cannot be carried into execution without an Act of Parliament; but I have great doubts as to the measure itself, and it requires reasons more forcible than any which have yet occurred to me, to convince me that such a confederacy amongst the distant dependencies of the Empire, can either add to its own strength or the real happiness of the different Provinces.

In the present situation of Affairs in this Country, I beg to offer for Your Grace's immediate Consideration some important Objects which will be affected by the Arrangement now under Contemplation between His Majesty and The United States; these Objects relate entirely to the civil Government.

A Principle on which I have considered this Government as most wisely established, and which I have never lost sight of in its Administra tion, has been to render the Province as nearly as may be a perfect image and transcript of the British Government and Constitution. In the pursuance of this Object and in order to give weight and respectability to the Legislative Council, which his Majesty and the Parliament had constituted as a Branch of Government, I thought it proper, having divided the districts into Counties to create Lieutenants, selecting them where practicable from the Legislative Counsellors and giving to the Lieutenants as nearly as circumstances would admit, the appointments or recommendation of the Magistrates, and the nomination of the Officers of the Militia, as stated

1 See Constitutional Act 1791, §§ 20-24 (No. LV) for the qualifications for franchise and membership of the House of Assembly. For the whole question of naturalization, see Doughty and McArthur, p. 107, note.

2 See No. LX.

This despatch and the following document throw an interesting light on some of Simcoe's characteristic enthusiasms in Upper Canada. (See Duncan Campbell Scott, John Graves Simcoe, 1905.) Portland was appointed Secretary of State for the Home Department in July, 1794.