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Description and Holding Information
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1838-41, Lower Canada statutes acts of the Special Council
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Ordinances Made and Passed by the Administrator of the Government, and Special Council for the affairs of the Province of Lower Canada. [French half
title: Ordonnances Faites et Passées par L’Administrateur du Gouvernement.] Constituted and assembled by virtue of and under the authority of an Act
of Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the Reign of Her present Majesty Queen Victoria,
intituled [sic] “An Act to make temporary provision for the Government of the Province of Lower Canada.” Printed in six volumes by John Charlton Fisher &
William Kemble, law printer to the Queen, Her Most Excellent Majesty (Quebec 1838-1841). Text of provincial ordinances and indexes were printed in both
English and French. Each volume included a topical index. The title varied slightly among the volumes. There had been an "Unnatural rebellion" pitting
Lower Canada (largely Catholic) against the Crown and involving Upper Canada (largely Protestant) with sporadic fighting and general destructive
upheaval to the point that government barely functioned. The Crown eventually got the upper hand and Parliament passed: Act to make temporary provision
for the government of the province of Lower Canada. The first session of the Special Council was from April 18 to May 5, 1838 which authorized a three
man commission to gather data about the losses from the conflict and dealt with many acts and charters which would soon, or had already, expired, such
as that of the Bank of Montreal. Provision was made for prisoners, commercial functions, currency, rules of newspaper publishing, education,
agriculture, banking, and hospitals. An ordinance protected those on the winning side who had done less than legal things during the fighting. The second
session lasted from June 28-October 31, 1838. Several ordinances covered the number and location of prisoners from the conflict, fugitives, and
penalties and pardons for all classes of prisoners. The police force in Montreal and Quebec was reconstituted and its rules of conduct laid down. The
budget and administration of justice were other significant topics. The third session was from November 5 to December 21, 1838. It focused on continuing
unrest; martial law had been declared on November 4. There was no habeas corpus, no bail allowed and no trials held until the government said so.
Lower court jurisdiction was expanded so treasonous persons could be brought before any judge. Seizure of gunpowder and weapons was encouraged to
prevent further violence. The fourth session was from February 14 to April 13, 1839. The long process for re-arranging the court system was underway as
Canada worked toward an act of Union. A registry for births, deaths, burials, and marriages was made. Ordinances created the Fire Department
Association to fight fires and manage fire prevention, set up food inspection, set regulations for ferries, taverns, and river pilots. A Commission was
created to correct land titles all over the country and to establish land titles of religious organizations. Lists of dutiable goods were provided. All
sorts of road and harbor improvements were ordered and a Board of Works established. A short fifth session met from November 11-14, 1839 and was
continued from April 20 to May 13, 1840. Several ordinances from the time of King William IV were made permanent. The sums in the budget were higher,
which may indicate an improved economy as the conflict subsided. Quebec City and Montreal government and public works received much attention. Several
groups asked for permission and assistance, via land grants, to build railroads. Large amounts of time were spent on the court system, including an
ordinance to create a law library in both Montreal and Quebec City and others to assure the transfer of records from the old court to the new. In the
sixth session, the Assembly began meeting on November 5, 1840 and carried through the new year to February 9, 1841. Court ordinances were amended
again and current justices had to meet more frequently than usual to try to clear up backlogs. Certain people who were not judges were added to the bench
to help with this. District lines and elections occupied lots of time: who could vote, lists of offices on several levels, when elections were to be
held. If a person was nominated for an office and was qualified to serve, he could not refuse to serve without paying a fine. Some offices, such as
Sheriff, required a sizable bond. Very few officers, especially local ones, were paid. A district was a body corporate and could sue, be sued and
borrow money. A long list of public works was examined and authorized. The work on land titles continued. Plans were made to incorporate Montreal and
Quebec City.
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Title:
Ordinances made and passed by the administrator of the government, and Special Council for the affairs of the Province of Lower Canada : constituted and assembled by virtue of and under the authority of an act of the Parliament of the United Kindgom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty Queen Victoria, intituled, "An Act to Make Temporary Provision for the Government of the Province of Lower Canada."
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OCLC Number:
697058673
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Available Volumes
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