INSTRUCTIONS FOR NEW ACCESSIONS 
Following the termination of the Seven Years' War, in 1763, a proclamation 
was issued for erecting separate governments within the countries and islands 
ceded to the King by the Treaty of Paris. This proclamation declared that the 
respective gubernatorial commissions authorized the creation of judicial systems 
with liberty to persons aggrieved by sentences of the courts in all civil 
cases to appeal "under the usual limitations and restrictions" to the King in 
Council." In the same year instructions to the governors of Quebec, Grenada, 
and the Floridas directed allowance of appeals in civil causes under the regulations 
prescribed in the respective instructions to Nova Scotia, Barbados and 
the Leeward Islands, and Georgia. 100 
Since Quebec was by far the most important of the recent acquisitions of 
empire, it is desirable to examine more closely the establishment of appellate 
jurisdiction there. As we have seen, the 1763 instructions to Governor Murray 
of Quebec directed conformance to the Nova Scotian gubernatorial instructions 
"as near as different circumstances will admit." 101 On September 17, 
1764, pursuant to powers conferred by the governor's commission, a provincial 
ordinance was passed establishing a Superior Court of Judicature with full 
criminal and civil jurisdiction. From this court appeals were to lie to the Governor 
and Council where the matter in contest was above the value of 
sterling, and from thence to the King in Council in cases of sterling 
upwards. From a Court of Common Pleas with civil jurisdiction above £10 
the same appellate recourse was available. 102 An ordinance was also passed 
confirming all orders, judgments, and decrees of the military tribunals established 
prior to the civil government. An exception was here made in cases 
where the matter in dispute exceeded sterling; in those an appeal was 
allowed to the Governor and Council if entered within two months. Further 
appeal to the King in Council was allowed in cases amounting to 103 
The 1768 instructions to Carleton followed those given for the majority of the 
older colonies, except that the appeal minimum in misdemeanor cases was 
£ioo. 104 
99 PC 2/110/104 (October 5, 1763). Apparently 
no appeals were contemplated in misdemeanor 
causes although the usual instructions 
allowed such appeals. 
100 1 Labaree, Royal Instructions, #454. 
101 1 Doc. Rel. Const. Hist. Canada, 188. 
102 Ibid., 206-7. F° r me earlier French appellate 
organization see Cahall, The Sovereign 
Council of New Trance (1915), 202-15. 
103 Ordinances Province of Quebec (1767), 
16. It was complained that the appeal mini- 
mum was too high (1 Doc. Rel. Const. Hist. 
Canada, 213, 244; cf. ibid., 221) and that the 
time granted for entry of the appeal was 
too limited, especially as none of the usual exceptions 
in respect to infants, absentees, persons 
non compos mentis, etc., were made 
(ibid., 244). 
10i lbid., 307-8. Cf. ibid., 360, for an appraisal 
of appeals. Some complaint was made 
as to the hardship of the £500 minimum 
(ibid., 470).