Canada under British Rule 1760-1900 by Sir John George Bourinot
page 39 of 398 (09%)
page 39 of 398 (09%)
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purposes, and their extent was defined wherever necessary by the
council at Quebec. They were practically territorial divisions for the administration of local affairs, and were conterminous, whenever practicable, with the seigniory. The curé, the seignior, the militia captain (often identical with the seignior), were the important functionaries in every parish. Even at the present time, when a canonical parish has been once formed by the proper ecclesiastical authority, it may be erected into a municipal or civil division after certain legal formalities by the government of the province. Tithes were first imposed by Bishop Laval, who practically established the basis of ecclesiastical authority in the province. It was only in church matters that the people had the right to meet and express their opinions, and even then the intendant alone could give the power of assembling for such purposes. The civil law of French Canada relating to "property," inheritance, marriage, and the personal or civil rights of the community generally, had its origin, like all similar systems, in the Roman law, on which were engrafted, in the course of centuries, those customs and usages which were adapted to the social conditions of France. The customary law of Paris became the fundamental law of French Canada, and despite the changes that it has necessarily undergone in the course of many years, its principles can still be traced throughout the present system as it has been modified under the influences of the British regime. The superior council of Canada gave judgment in civil and criminal cases according to the _coutume de Paris_, and below it there were inferior courts for the judicial districts of Quebec, Three Rivers and Montreal. The bishop had also special jurisdiction over ecclesiastical matters. The intendant had authority to deal with cases involving royal, or seigniorial, rights, and to call before him any case whatever for final |
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