THE COURT STRUCTURE OF QUEBEC AND LOWER CANADA, 1764 TO 1860
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COURT STRUCTURE TABLE: 1849-1860
(links lead to the relevant court profile)
 
CIVIL FIRST INSTANCE CRIMINAL FIRST INSTANCE APPELLATE
SUPERIOR COURT 
(1 for the entire province) 
Civil matters >£50, and (1855 to 1857) civil matters >£15 in Quebec and Montreal; appeal to the Court of Queen's Bench, Appeal Side, in cases >£St20 

CIRCUIT COURT 
(1 for the entire province) 
Civil matters £50; appeal to the Superior Court in cases >£15 (to 1857) or the Court of Queen's Bench, Appeal Side, in cases >£25 (from 1857)

COMMISSIONERS' COURTS 
(several in each district) 
Certain civil matters £6-5sh; appeal to the Superior Court in cases affecting future rights

JUSTICES OF THE PEACE 
(numerous in each district) 
Justices in the country parishes: certain minor civil matters £4-3sh-4d (to 1850) or £6-5sh (from 1850) 

MAYOR'S COURT (to 1851) 
(1 in Montreal) 
Civil matters involving suits of the city of Montreal 

RECORDERS' COURTS (from 1851) 
(1 in Montreal; from 1856, also 1 in Quebec City) 
Civil matters involving suits of the city of Montreal and (from 1856) the city of Quebec

COURT OF QUEEN'S BENCH, CROWN SIDE 
(1 for the entire province) 
All criminal matters not in the District of Gaspé; appeal to the Queen and Council from fines >£St100

COURTS OF OYER AND TERMINER AND GENERAL GAOL DELIVERY 
(in each district as needed) 
All criminal matters; appeal to the Queen and Council from fines >£St100

SUPERIOR COURT 
(1 for the entire province) 
All criminal matters in the District of Gaspé; appeal to the Queen and Council from fines >£St100

COURTS OF QUARTER SESSIONS OF THE PEACE 
(1 for each district up until 1859, then only in the districts of Quebec and Montreal; never instituted in the new districts established in 1857-1858)
Criminal matters not involving loss of life or limb

COURTS OF WEEKLY SESSIONS OF THE PEACE / COURTS OF SPECIAL SESSIONS OF THE PEACE 
(1 in Quebec City and Montreal) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace in certain cases 

POLICE COURTS 
(1 in Quebec City and Montreal) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace in certain cases 

MAYOR'S COURT (to 1851) 
(1 in Montreal) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace in certain cases 

RECORDERS' COURTS (from 1851) 
(1 in Montreal; from 1856, also 1 in Quebec City) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace in certain cases 

JUSTICES OF THE PEACE 
(numerous in each district) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace 

SHERIFFS (from 1858) 
(1 in each district) 
Minor criminal matters; appeal to the Courts of Quarter Sessions of the Peace in certain cases

QUEEN AND COUNCIL 
Appeals from the Court of Queen's Bench, Appeal Side, in civil cases >£St500, and from all courts in criminal cases involving fines £St100

COURT OF QUEEN'S BENCH, APPEAL SIDE 
(1 for the entire province) 
Appeals from the lower courts in all eligible civil cases; appeal to the Queen and Council in cases >£St500; from 1857, appeals from the lower courts all eligible criminal cases

SUPERIOR COURT 
(1 for the entire province) 
Appeals from the Circuit Court in civil cases >£15 (to 1857), and from the Commissioners' Courts in civil cases affecting future rights

CIRCUIT COURT 
(1 for the entire province) 
Appeals from the petty sessions of the Justices of the Peace in certain civil cases (from 1857) 

COURTS OF QUARTER SESSIONS OF THE PEACE 
(1 for each district) 
Appeals from the lower courts in certain criminal cases



Donald Fyson, with the assistance of Evelyn Kolish and Virginia Schweitzer, The Court Structure of Quebec and Lower Canada, 1764-1860 (Montreal: Montreal History Group, 1994/1997/2023). http://www.profs.hst.ulaval.ca/Dfyson/Courtstr/

Page content last updated 2012-02-20