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

CIRCUIT COURTS OF REQUESTS

The Circuit Courts of Requests were yet another short-lived innovation of the Special Council. They do not seem to have been based on any particular precedent.

Establishment and Jurisdiction

Circuit Courts of Requests were established for the Districts of Quebec, Montreal and Trois-Rivières in 1839. The Courts had summary jurisdiction over civil matters involving sums not over £St10, not concerning property of any sort, and previously within the jurisdiction of the Commissioners' Courts.

The Courts were to be abolished in 1840 under the Special Council's aborted plan for judicial reorganization; however, since this act was never in force, they continued in operation until abolished once again in 1841. The jurisdiction of the Courts was assumed by the Division Courts and the District Courts.

Composition and Sessions

The Courts were held by one Commissioner appointed in each district. The Courts had five terms annually in each of nine circuits for the District of Quebec, ten circuits for the District of Montreal, and four circuits for the District of Trois-Rivières.

Revision

Judgements of the Courts could not be appealed.

Legislation

2 Victoria (3) c.58 (1839) (in force 1839-1842)
Establishing Circuit Courts of Requests for the Districts of Quebec, Montreal, and Trois-Rivières.

3&4 Victoria c.43 (1840) (never in force)
Abolishing the Courts.

4&5 Victoria c.20 (1841)
Abolishing the Courts.



Donald Fyson, with the assistance of Evelyn Kolish and Virginia Schweitzer, The Court Structure of Quebec and Lower Canada, 1764-1830 (Montreal: Montreal History Group, 1994/1997/2012). http://www.profs.hst.ulaval.ca/dfyson/courtstr/