THE COURT STRUCTURE OF QUEBEC AND LOWER CANADA, 1764 TO 1860
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COURT PROFILES

BAILIFFS

Like Sheriffs, bailiffs had been part of the English judicial system since the middle ages, and by the eighteenth century were mainly concerned with judicial administration and enforcement. In Quebec and Lower Canada, bailiffs had the power to hold courts only for a few years.

Establishment and Jurisdiction

By the 1764 ordinance setting up the courts, bailiffs had jurisdiction over civil matters involving the breaking or repairing of fences. Their jurisdiction was abolished with the rest of the existing court system as of May 1, 1775 by the Quebec Act.

Composition and Sessions

The jurisdiction of the bailiffs was to be exercised by one bailiff, acting in consultation with six impartial individuals chosen by the parties.

Revision

Judgements of the bailiffs in all cases could be appealed to the Court of Quarter Sessions of the Peace of the same district.

Legislation

4 George III September 17, 1764 (in force with amendments 1764-1775)
Giving one bailiff jurisdiction over certain civil matters.

Imperial Statute 14 George III c.83 (1774) (Quebec Act)
Abolishing the jurisdiction of the bailiffs.


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