The Great Intendant : A chronicle of Jean Talon in Canada, 1665-1672 by Thomas Chapais
page 49 of 100 (49%)
page 49 of 100 (49%)
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cases where the parties made a supreme appeal to the
King's Council of State in France. In 1669 Talon wrote a memorandum in which we find these words: 'Justice is administered in the first instance by judges in the seigneuries; then by a lieutenant civil and criminal appointed by the company in each of the jurisdictions of Quebec and Three Rivers; and above all by the Sovereign Council, which in the last instance decides all cases where an appeal lies.' At Montreal there was a lieutenant civil and criminal appointed by the Sulpicians, seigneurs of the island. In 1667 there were seigneurial judges in the seigneuries of Beaupre, Beauport, Notre-Dame-des-Anges, Cap-de-la-Magdeleine. It is interesting to find that Talon attempted to establish a method of settlement out of court, the principle of which was accepted by the legislature of the province of Quebec more than two centuries later. What was called the amiable composition of the French intendant may be regarded as a first edition of the law passed at Quebec in 1899, which provides for conciliation or arbitration proceedings before a lawsuit is begun. [Footnote: 62 Vict. cap. 54, p. 271.] Talon also introduced an equitable system of land registration. In the proceedings of the Sovereign Council, of which Talon at this time was the inspiring mind, we may see reflected the condition and internal life of the colony. Decrees for the regulation of trade were frequent. Commercial freedom was unknown. Under the administration |
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