of One hundred Pounds Sterling, the Appellant first giving good Security that he will effectually prosecute the same, & answer the Condemnation, if the Sentence by which such Fine was imposed in Quebec be affirmed.

    15.  And it is Our Will and Pleasure that you do, from time to time as the Circumstances and Condition of Affairs may require, with Our said Council in their Legislative Capacity deliberate upon and frame such Ordinances as may be expedient for continuing, amending or enforcing any Ordinances now in force, or making any further or necessary Changes and regulations in the Courts of Judicature already established, or in the Mode of administering Justice within Our said Province, provided that such Ordinances be strictly conformable to the Act of Parliament aforesaid and these Our Instructions.

    16.  It is Our Will and Pleasure that all Commissions, to be granted by you to any person or persons to be Judges or Justices of the Peace or other necessary Officers, be granted during Pleasure only.

    17.  You shall not displace any of the Judges, Justices of the peace or other Officers or Ministers without good and sufficient Cause, which you shall signify in the fullest and most distinct Manner to Us by one of Our Principal Secretaries of State and to the Lords of the Committee of Our Privy Council for Trade & Plantations for their Information.

    18.  Whereas it is of the greatest Importance to Our Service and to the Welfare of Our Plantations that Justice be everywhere speedily and duly administered, and that all Disorders, Delays and other undue Practices in the Administration thereof be effectually prevented, We do particularly require you to take especial Care that in all Courts where you are or shall be authorized to preside Justice be impartially administered, And that in all other Courts established or to be established within Our said Province all Judges and other Persons therein concerned do likewise perform their several Duties without Delay or Partiality.

Art. 19 to 29

same as

19 to 29

[To Guy Carleton, ante pp. 828-832.]

    30.  The Extension of the Limits of the Province of Quebec necessarily calls forth your Attention to a Variety of new Matter and new Objects of Consideration: The Protection and Controul of the Various Settlements of Canadian Subjects and the Regulation of the Peltry Trade in the Upper or interior Country on the one hand, And the Protection of the Fisheries in the Gulf of S^t Lawrence and on the Labrador Coast on the other hand point to Regulations that require Deliberation and Dispatch.

    31.  You are not to allow any Settlements to be made beyond the Boundaries ascertained to the different Posts among the Indian Nations within the Limits of Our Province of Quebec in Alliance with Us, as such Settlements may tend to disgust those Savages, excite their Enmity and

perhaps finally destroy the Peltry Trade which ought to be cherished & Encouraged by every Means in your Power.

    32.  It is Our Royal Intention that the Peltry Trade of the interior Country should be free and open to all Our Subjects, Inhabitants of any of Our Colonies, who shall, pursuant to what was directed by Our Royal Proclamation of 1763, obtain trading Licences from the Governors of any of Our said Colonies under penalties to observe such Regulations, as shall be made by Our Legislature of Quebec for that purpose. These regulations therefore when established must be made publick throughout all Our American Possessions and they must have for their Object the giving every possible Facility to that Trade, which the Nature of it will admit, and which may be consistent with fair and just Dealing towards the Savages, with whom it is carried on; The fixing stated Times and Places for carrying on the Trade and adjusting Modes of settling Tarifs of the Prices of Goods and Furs, and above all the restraining the sale of spirituous Liquors to the Indians will be the most probable and effectual Means of answering the finds proposed; These and a Variety of other Regulations incident to the Nature and purpose of the Peltry Trade in the interior Country are fully stated in a Plan proposed by Our Commissioners for Trade and Plantations in 1764, a Copy of which will be herewith delivered to you, and which will serve as a Guide in a Variety of Cases, where it may be necessary to make Provision by Law for that important Branch of the American Commerce.

    33.  The Fisheries on the Coast of Labrador and the Islands adjacent thereto are Objects of the greatest Importance, not only on Account of the Commodities they produce, but also as Nurseries of Seamen, upon whom the Strength & Security of Our Kingdom depend.

    34.  Justice & Equity demand that the real and actual Property & Possession of the Canadian Subjects on that Coast should be preserved entire, and that they should not be molested or hindered in the Exercise of any sedentary Fisheries they may have established there.

    35.  Their Claims however extend to but a small District of the Coast, on the greatest part of which District a Cod Fishery is stated to be impracticable.

    36.  On all such Parts of the Coast where there are no Canadian Possessions, and more especially where a Valuable Cod Fishery may be carried on, it will be your Duty to make the Interest of Our British Subjects going out to fish there in Ships fitted out from Great Britain the first Object of your Care, and as far as Circumstances will admit to establish on that Coast the Regulations in favour of British fishing Ships, which have been so wisely adopted by the Act of Parliament passed in the Reign of King William the Third for the Encouragement of the Newfoundland Fishery And you are on no account to allow any Possession to be taken, or Sedentary Fisheries to be established upon any parts of the Coast that are not already private Property

by any Persons whatever, except only such as shall produce annually a Certificate of their having fitted out from some Port in Great Britain.

    37.  Whereas it will be for the general Benefit of Our Subjects carrying on the Fishery in the Bay of Chaleur in Our Province of Quebec that such Part of the Beach & Shore of the said Bay as is ungranted should be reserved to Us, Our Heirs & Successors, It is therefore Our Will and Pleasure that you do not in future direct any Survey to be made or Grant to be passed for any Part of the ungranted Beach or Shore of the said Bay of Chaleur, except such Parts thereof as by Our Orders in Council dated the 29^th of June and 21^st of July last are directed to be granted to John Schoolbred of London, Merchant, and to Mess^rs Robin Pipon and Cº of the Island of Jersey, Merchants, but that the same be reserved to Us, Our Heirs and Successors together with a sufficient Quantity of Wood Land adjoining thereto necessary for the purpose of carrying on the Fishery; The Limits of such Wood Land so to be reserved, to be determined upon and ascertained by you and Our Council for Our said Province of Quebec in such manner as from the most authentick Information shall appear to you & them most convenient and proper for that purpose; It is nevertheless Our Intention and We do hereby signify to you Our Will and Pleasure that the free Use of such Beach or Shore and of the Wood Land so to be reserved shall be allowed by you or any Person authorized by you to such of Our Subjects as shall resort thither for the Purpose of carrying on the Fishery in such proportions as the Number of Shallops, he or they shall respectively employ, may require; provided that, if any Fisherman who shall have permission to occupy any Part of the said Beach or Shore and Wood Land for the purpose of the said Fishery shall not during any one Season continue so to occupy & employ any Part of the said Beach or Shore and Wood Land so allotted to him, You or any Person authorized by you as above may & shall allow the Use of such Part to any other Fisherman who shall apply for the same for the purpose of carrying on the Fishery. And Whereas it may be necessary to establish local Regulations to prevent Abuses as well as Disputes and Misunderstanding between the Fishermen resorting to the said Beach or Shore; It is Our Will and Pleasure that you, by and with the Advice and Consent of Our said Council, do frame such Regulations from time to time as to you shall appear necessary to answer those salutary Purposes and that you transmit the same to Us thro' One of Our principal Secretaries of State for Our Pleasure therein by the first Opportunity.

    38.  We have mentioned to you the Fisheries upon the Coast of Labrador as the Main Object of your Attention, but the Commerce carried on with the Savages of that Coast and the State and Condition of those Savages deserve some regard: The Society of Unitas Fratrum urged by a laudable Zeal for promoting Christianity have already under Our protection and with Our permission formed Establishments in the Northern Parts of that Coast for the purpose of civilizing the Nations and converting them to the Christian Religion. Their Success had been answerable to their Zeal, and It is Our

express Will and Pleasure that you do give them every Countenance Encouragement in your power, and that you do not allow any Establishment to be made but with their Consent within the Limits of their Possessions.

    39.  By Our Commission to you under Our Great Seal of Great Britain you are authorized & empowered with the Advice and Consent of Our Council to settle & agree with the Inhabitants of Our said Province of Quebec for such Lands, Tenements and Hereditaments as now are or shall hereafter be in Our Power to dispose of, It is therefore Our Will and Pleasure that all Lands which now are or hereafter may be subject to Our Disposal, be granted in Fief or Seigneurie, in like manner as was practised antecedent to the Conquest of the said Province, omitting however in any Grant that shall be passed of such Lands the reservation of any judicial Powers or Privileges whatever; And It is Our further Will and Pleasure that all Grants in Fief or Seigneurie, so to be passed by you as aforesaid, be made subject to Our Royal ratification or Disallowance and a due Registry thereof within a limited time, in like manner as was practised in regard to Grants and Concessions held in Fief or Seigneurie under the French Government.

    40.  Whereas many of Our Loyal Subjects, Inhabitants of the Colonies and Provinces now the United States of America, are desirous of retaining their Allegiance to Us and of living in Our Dominions, and for this purpose are disposed to take up and improve Lands in Our Province of Quebec, And We being desirous to encourage Our said Loyal Subjects in such their Intentions and to testify Our Approbation of their Loyalty to Us and Obedience to Our Government by allotting Lands for them in Our said Province, And Whereas We are also desirous of testifying Our Approbation of the Bravery and Loyalty of our Forces serving in Our said Province, and who may have been reduced there, by allowing a certain Quantity of Land to such of the Non-Commissioned Officers and Private Men of our said Forces who are inclined to become Settlers therein, It is Our Will and Pleasure that immediately after you shall receive these Our Instructions you do direct Our Surveyor-General of Lands for Our said Province of Quebec to admeasure and lay out such a Quantity of Land as you, with the Advice of Our Council, shall deem necessary and convenient for the settlement of Our said Loyal Subjects, and the Non-Commissioned Officers and Private Men of Our Forces which may have been reduced in Our said province, who shall be desirous of becoming Settlers therein; Such Lands to be divided into distinct Seigneuries or Fiefs to extend from two to four Leagues in front and from three to five Leagues in Depth if situated upon a Navigable River, otherwise to be run square or in such shape and in such Quantities as shall be convenient and practicable, and in each Seigneurie a Glebe to be reserved & laid out in the most convenient Spot, to contain not less than 300, nor more than 500 Acres; The Property of which Seigneuries or Fiefs shall be and remain vested is Us, Our Heirs & Successors, And you shall allot such Parts of the same as shall be applied for by any of Our said Loyal Subjects, Non Commissioned Officers and Private

Men of Our Forces reduced as aforesaid, in the following Proportions, that is to say,
    To every Master of a Family One Hundred Acres and fifty Acres for each Person of which his Family shall consist;
    To every single Man fifty Acres;
    To every Non Commissioned Officer of Our Forces reduced in Quebec Two Hundred Acres;
    To every private Man reduced as aforesaid One Hundred Acres,
    And for every Person in their Families fifty Acres.
    The said Lands to be held under Us, Our Heirs and Successors, Seigneurs of the Seigneurie or Fief in which the same shall be situated, upon the same Terms, Acknowledgements & Services as Lands are held in Our said Province under the respective Seigneurs holding and possessing Seigneuries or Fiefs therein, and reserving to Us, Our Heirs and Successors from and after the expiration of Ten Years from the admission of the respective Tenants a Quit Rent of one half penny per Acre.

    41.  And whereas upon the raising and establishing the Corps late the 84^th Regiment of Foot, We did promise and declare that the Officers and Privates of the said Corps should when reduced be intitled to and receive Grants for certain allotments of Lands in proportion to their respective Ranks therein, It is Our Will and Pleasure that you do in manner as herein before directed Grant Warrants of Allotment and Survey to such of the Officers and privates of the said late Eighty fourth Regiment of Foot now reduced, who shall be willing to settle and become Inhabitants of Our said Province of Quebec, and shall apply for the same for such Quantities of Land as they shall be respectively intitled to, In consequence of our said promise and declaration contained in Our Instructions to Our Governors of New York and North Carolina dated the 3^d April 1775 that is to say,
                         To Field Officers        5000 Acres
                                 Captains             3000
                                 Subalterns           2000
               Non Commission Officer         200
                                  Privates                  50
and that the Surveys be made and Grants for the same delivered free of Expence as herein before directed, Provided nevertheless that every Commissioned and Non Commissioned Officer or private belonging to the said late 84^th Regiment of Foot, who shall claim and apply for Land in Our Province of Quebec as aforesaid, shall declare upon Oath, that no Land has been obtained by him in any of our other Provinces in America under Our Royal declaration as aforesaid.

    42.  It is Our further Will and Pleasure, that every Person within the meaning of these Our Instructions upon making application for Land shall take the Oaths directed by Law before you or Our Commander in Chief for the time being, or some person by you before him authorized for that purpose

[1927lab]