[riddell] PRE-ASSEMBLY LEGISLATURES IN BRITISH CANADA 117 



Instructions to Murray (10) but the Quebec Act put an end to such 

 a measure for nearly a score of years. 



Before this period is left, mention should be made of the judicial 

 powers of the Council. 



The Royal Commission to Murray Nov. 21, 1763, gave him power 

 with the advice and consent of the Council to "Erect, Constitute and 

 Establish such and so many Courts of Judicature and Publick Justice 

 as you and they shall think fit and necessary . . ": 

 and he was given power "to constitute and approve Judges &c". 

 In pursuance of this power, an Ordinance was passed September 17, 

 1764, "by and with the Advice, Consent and Assistance of His Majesty's 

 Council" establishing a Court of King's Bench to sit at Quebec twice 

 a year with an Appeal to the Governor and Council where the matter 

 in contest was above the value of £300 Sterling, and a further Appeal 

 to the King in Council where the matter in contest was of the value 

 of £500 Sterling or upward. 



A Court of Common Pleas, an inferior Court, was also established 

 to try cases above the value of £10 with an Appeal to the Court of 

 King's Bench where the matter in contest was of the value of £20; 

 where it was above the value of £300 Sterling the appeal might be 

 taken immediately to the Governor and Council with a further Appeal 

 to the King in Council if it was of the value of £500 Sterling or upward. 



The Ordinance of February 1, 1770, establishing a separate 

 Court of Common Pleas at Montreal did not modify this appellate 

 jurisdiction which continued in effect during the remainder of this 

 period. 



There was a temporary ordinance, November 12, 1764, allowing 

 an Appeal to the Governor and Council from "any Order, Judgment 

 or Decree of the Military Council of Quebec or of any other Courts 

 of Justice in the Said Government or of those of Montreal or Trois 

 Rivières prior to the Establishment of Civil Government throughout 

 this Province in August last, where the Value in Dispute exceeded the 

 Sum of Three Hundred Pounds Sterling" with a further Appeal to 

 the King in Council where the value was £500 or more. 



Another temporary ordinance, September 1, 1773, was passed by 

 reason of the absence of the Chief Justice (William Hey) from the 

 Province: it constituted (during this absence) the Governor and Lieut- 

 enant Governor or in their absence the Eldest Member or President 

 of the Council (not being a Judge of the Court of Common Pleas) 

 together with every other Member of the Council, the Court of Appeal 

 from the Courts of Common Pleas — no Judge of a Court of Common 

 Pleas to sit in this Court. The Governor or Lieutenant-Governor or 

 in their absence the Eldest Member or President with five other 



