COURTS OF REQUESTS

(also known as Courts for the Trial of Small Causes)

Courts of Requests existed in many localities in England in the eighteenth and nineteenth centuries. Their purported role was to reduce the cost of justice by providing a local means of settling small civil disputes; however, since they were generally established on petition of local notables, with their commissioners appointed by local authorities, they tended more to serve the interests of these. Their jurisdiction was limited to the local area around their seat, and to civil matters involving sums under £2, £5, or £10, and generally excluding disputes over real property. There was no appeal from their judgements to the superior courts.⁽⁹²⁾ The Courts of Requests in Quebec and Lower Canada were based directly on this system.⁽⁹³⁾

Establishment and Jurisdiction

A 1787 ordinance allowed for the establishment of Courts of Requests, initially referred to as Courts for the Trial of Small Causes, by proclamation of the governor. By proclamations in July 1788, March 1790, and November 1790, Courts were established at St. John's, L'Assomption, Varennes, and Laprairie.

The Courts initially had summary jurisdiction over civil matters involving sums not over £10, arising within their "circles", or geographical bounds as defined by the proclamations establishing them. In 1788, the jurisdiction of the Courts was limited to civil matters involving sums not over 40sh, concerning animal trespasses or boundary markers, and not concerning title to real property; at the same time, it was extended to criminal matters involving statutory highway repairs.

The Courts were abolished in the judicial reorganization of 1794. Their jurisdiction in civil matters was assumed by the Circuit Courts, the Inferior Terms of the Courts of King's Bench (in the Districts of Quebec and Montreal), and the Provincial Court (in the District of Trois-Rivières); and in criminal matters by the various courts of the Justices of the Peace.

Composition and Sessions

The Courts of Requests were held by at least two Commissioners for the Trial of Small Causes. The Courts had monthly sessions.

Revision

Judgements of the Courts could not be appealed.

Legislation

27 George III c.4 (1787) (in force with amendments 1787-1794)
Allowing for the establishment of Courts for the Trial of Small Causes (Courts of Requests).

Proclamation February 21, 1788
Requiring the Courts to be held by at least two Commissioners, with monthly sessions.

28 George III c.7 (1788) (in force 1788-1794)
Modifying the jurisdiction of the Courts.

Proclamation July 24, 1788
Establishing a Court at St. John's.

Proclamation March 29, 1790
Establishing a Court at L'Assomption.

Proclamation March 29, 1790
Establishing a Court at Varennes.

Proclamation November 24, 1790
Establishing a Court at Laprairie.

34 George III c.6 (1794)
Abolishing the Courts.

Page content last updated 2004-02-18