THE COURT STRUCTURE OF QUEBEC AND LOWER CANADA, 1764 TO 1860
Table of contents     Title page     E-mail author

COURT STRUCTURE TABLE: 1764-1775
(links lead to the relevant court profile)
 
CIVIL FIRST INSTANCE CRIMINAL FIRST INSTANCE APPELLATE
COURT OF KING'S BENCH 
(1 for the entire province) 
All civil matters; appeal to the Governor and Council in cases >£St300, and to the King and Council in cases >£St500 

COURTS OF ASSIZE  
(in Montreal and Trois-Rivières as needed) 
All civil matters; appeal to the Governor and Council in cases >£St300, and to the King and Council in cases >£St500 

COURT(S) OF COMMON PLEAS  
(1 for the entire province; from 1770, 1 for each district) 
Civil matters >£St10 (to 1770), all civil matters (from 1770); appeal to the Court of King's Bench in cases >£St20, and to the Governor and Council in cases >£St300 

COURTS OF QUARTER SESSIONS OF THE PEACE (to 1770)  
(1 for each district) 
Civil matters £10 to £30; appeal to the Court of King's Bench in all cases 

JUSTICES OF THE PEACE 
(numerous in each district) 
1 Justice: civil matters £5 (to 1770) 
2 Justices: civil matters £5 to £10 (to 1770) 
Specially commissioned Justices: civil matters £3 not involving title to property (from 1770) 

BAILIFFS  
(1 for each parish) 
Certain minor civil matters; appeal to the Courts of Quarter Sessions of the Peace in all cases

COURT OF KING'S BENCH  
(1 for the entire province) 
All criminal matters; appeal to the King and Council from fines >£St100 (from 1768, or possibly not at all) 

COURTS OF ASSIZE  
(in Montreal and Trois-Rivières as needed) 
All criminal matters; appeal to the King and Council from fines >£St100 (from 1768, or possibly not at all) 

COURTS OF QUARTER SESSIONS OF THE PEACE  
(1 for each district) 
Criminal matters not involving loss of life or limb 

COURTS OF WEEKLY 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 

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

KING AND COUNCIL 
Appeals from the Governor and Council and (from 1773) the Court of Appeals, in civil cases >£St500; appeals from all courts in criminal cases involving fines £St100 (from 1768, or possibly not at all) 

GOVERNOR AND COUNCIL  
(1 for the entire province) 
Appeals from the Court of King's Bench, the Courts of Assize, and the Court(s) of Common Pleas, in civil cases >£St300; appeal to the King and Council in cases >£St500 

COURT OF KING'S BENCH (to 1773)  
(1 for the entire province) 
Appeals from the Court(s) of Common Pleas in civil cases >£St10, and (to 1770) from the Courts of Quarter Sessions of the Peace in all civil cases; appeal to the Governor in the Council in cases >£St300 and to the King and Council in cases >£St500 

COURT OF APPEALS (from 1773)  
(1 for the entire province) 
Appeals from the Courts of Common Pleas in civil cases >£St10; appeal to the King and Council in cases >£St500 

COURTS OF QUARTER SESSIONS OF THE PEACE  
(1 for each district) 
Appeals from the Courts of Weekly Sessions of the Peace and the petty sessions of the Justices of the Peace in specific criminal cases, and from the sessions of the Bailiffs in all civil 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 2004-02-18