Besides the superior court there should be an inferior court of “Common Pleas” to settle civil cases involving sums of beyond ten _louis_. Beyond twenty _louis_ there was appeal allowed to the superior court. If desired there could be juries called in this court. French advocates and proctors could practice in this court, though not in the superior court. Murray explains the liberty taken by him in allowing this: “Because we have not as yet a single English advocate or proctor understanding the French language.” He also observed that the court of common pleas was established solely for the protection of the French Canadian.
In addition to the other two courts, Justices of the Peace were established at Quebec and Montreal who should hold quarter sessions. These officers of the magistracy, according to Murray’s instructions, had to be Protestants. One justice was to have jurisdiction in disputes to the value of five pounds; two were required for cases to the value of ten pounds. Three justices should form a quorum to hold quarter sessions, to adjudicate in cases from ten pounds to thirty pounds. Two justices were to sit weekly in rotation in Quebec and Montreal.
Finally there should be elected in every parish in the country bailiffs and sub-bailiffs. The elections were to take place every 21st day of June and they were to enter upon their duties on September 29th. “We call them bailiffs,” commenced Murray, “because the new subjects understand the word better than that of constables.” The word constable, will, however, better explain the nature of their multifarious duties.
We now have a view of the change in the law courts in Montreal: a yearly session of the king’s court and of the court of common pleas, quarter sessions held by the justices of the peace, and in the parishes, the bailiffs or constables.
Hardly had the courts erected by the act of September 7th been held, than the grand jury of Quebec protested vehemently at the new courts and especially at the privileges given the new subjects. Their opposition was expected by Murray for his comment, sent with the act, ran: that some of the English merchants residing here of whom only ten or a dozen at most possess any settled property in this province, are very dissatisfied at the privileges granted to the Canadians to act on juries; the reason of this is very evident as their influence is restrained by the measure.