Canada 150 - Québec Court Records

During our country's 150th anniversary celebration of confederation I will write posts titled Canada 150 with a link to a publication or website I find that may help you tell the story of your Canadian ancestors.
Click on the Canada 150 label on the right or at the bottom to see all the posts.

Today I have for you...

Court Records of the Province of Québec

Cases from all over the province

See cases, such as this one, brought before the court..

1908, Guimont and Desmarteau, pg 508, mark 537

Also cases heard in Montreal courts..

You can also check at HathiTrust for other records. 

Relevant Links

At the first court of quarter-sessions of the peace, held at Quebec, October 1764

Les recueils de jurisprudence du Québec, publiés par le Barreau de Québec 1892-1908

Court of Kings Bench Quebec

The Montreal law reports 1885-1891

Montreal condensed reports 1854

No Luck of the Irish 4 - Convicts

There have been more publications for Ireland uploaded to Internet Archive. These have to do with returns of convicts and prisoners.

One or two may appear in another of my lists, but this one is more complete.

The return of convicts discharged 1837 has lists by county, with name, offence, sentence and date of discharge.

Queen’s County Convicts Discharged 1835-1837

Some have more information, like this one: locality, name, address, occupation, by whom committed, cause of committal, date of committal, date of commitment, medical report, term of commitment, when term expires.

Prisoners held in Contempt of Court, 1887

Relevant Links

Return of Convicts discharged from Gaols in Ireland, before Expiration of their Sentences, 1835-37

Return of Prisoners committed to Dundalk Gaol; Number tried at Assizes, and sent to Infirmary, 1832-34

Return of Persons confined in Gaols in Ireland under Acts for Detention of Persons suspected of Conspiring against H.M. Government,1803-04

Return of names of persons who have been committed to unlimited terms of imprisonment for contempt of court in Ireland;

Return of Convicts under Sentence of Transportation,discharged from Hulks in Ireland, 1835-37

Return of names of Fenian convicts, 1869, 1871

Irish Convicts to NSW 1788 – 1849, website

Ireland-Australia transportation records (1791-1853),National Archives of Ireland

Related Posts

No Luck of the Irish,  No Luck of the Irish 2, No Luck of the Irish 3, Irish Constabulary, Education in Ireland

Note:  All Ireland lists of links are on the Resource page and free to download.

No Luck of the Irish 3

There have been more publications for Ireland uploaded to Internet Archive and to HathiTrust. These have to do with public records and chancery reports.


In the rolls of chancery, there are two indexes in the back, index nominum (names) and index locorum (places).

Rolls of Chancery 1830-1837, pg 35

In the publication The Jurist are Encumbered Estate Court Records. According to Wikipedia the Encumbered Estate Court...

" ..was established by an act of parliament in 1849 to facilitate the sale of Irish estates whose owners, because of the great famine, were unable to meet their obligations. It was given authority to sell estates on application from either the owner or an encumbrancer (somebody who had a claim on it) and, after the sale, distribute the proceeds among the creditors, granting clear title to the new owners. In 1858, the court's functions were assumed by the Landed Estates Court, later replaced by the Land Commission under the 1881 land act."

The Jurist - Vol 2, August 1850, pg 207

Relevant links

Deputy Keeper of the Public Records in Ireland

Calendar of the patent and close rolls of chancery in Ireland

A repertory of the inrolments on the patent rolls of Chancery in Ireland, Vol 1, Pt 1 (no more published) – index of names in back, 1846

Irish Chancery Reports (HathiTrust)

Calendar of the State Papers relating to Ireland (Internet Archive)

Calendar of the State Papers relating to Ireland (HathiTrust)

The Irish Jurist (Internet Archive)

The Irish Jurist, Vol 1-18 / 1848-1866 (HathiTrust)

The Irish law times and solicitors' journal

Return of Names of Solicitors in Ireland admitted since Attornies and Solicitors Act 1866

Return showing the Names, Addresses, and Occupations or Descriptions of the persons appointed to the Commission of the Peace in Ireland since the preparation of the last Return, 1910, 1911, 1913, 1914

Related Posts: No Luck of the Irish, No Luck of the Irish 2, Irish Constabulary Resources

Also click label Ireland

Canada 150 - High Court of Justice for Ontario

During our country's 150th anniversary celebration of confederation I will write posts titled Canada 150 with a link to a publication or website I find that may help you tell the story of your Canadian ancestors.
Click on the Canada 150 label on the right or at the bottom to see all the posts.

Today I have for you...

Reports of the High Court of Justice for Ontario

Even if none of your ancestors are mentioned, some of the cases are pretty interesting. Even in 1895 fathers were absconding with their children...

In the matter of Ethel Davis an Infant -1895, pg 579

There are cases against non-Canadians that were tried in Ontario courts, as in the case of Ellis Phipps, arrested in Hamilton Ontario for forgery in Philadelphia.

Ellis P Phipps - 1882, pg 586

There is a list of cases reported at the beginning of each volume, after the list of court officials.

Cases reported for Ontario, 1882

Relevant Links

Reports of the High Court of Justice for Ontario

Sentenced to Death in Canada

This article appeared in the Pittsburgh Press on March 5, 1928...

They don't give any name of the murderess in the article, but there was a woman sentenced to hang on March 23, 1928. 

Doris McDonald, a 20 year old married American woman, and her husband George McDonald were sentenced to hang for the 1927 murder of Adelard Bouchard, a Lachine taxi driver, in Huntington, Quebec.

Doris McDonald's sentence was commuted to life in prison, while her husband George was hanged on March 23, 1928. 

This article was published in August 1932 when Doris McDonald applied for parole.

You can find details of this case and other Persons Sentenced to Death in Canada in this PDF.

The Justice Department

In the Sessional Papers of the Dominion of Canada the employees of the Justice Department are mentioned in the Auditor General's Report.  In this department are the Chief Justice, sheriffs and judges, circuit judges, Court Staff, Provincial justices and judges, the Dominion Police, and Penitentiary staff.

Old Supreme Court of Canada 1890

Search the Sessional Papers for other years, under the No 1, Auditor General's Report.



Relevant Links


Justice Dept 1901

Justice salaries at Ottawa

Supreme Court and Exchequer Court

Justices and judges - Provinces

Dominion Police

Penitentiary Staff - All provinces

Pensions to Judges

Justice Dept - Bilingual 1918

Justice Salaries at Ottawa and Supreme Court

Justices and judges, Provinces

Gratuities to Relatives of deceased officials

Dominion Police

Penitentiary Staff - All provinces

Pensions to Judges



Related Posts:  Sessional Papers

Oyer and Terminer

The following publications have to do with Assizes, Curia Regis (King's court) and
Oyer and Terminer. These are names for court proceedings, civil and criminal cases, including treason and felonies. Other names are Courts Leet and Courts Baron.

The practice of Courts-Leet an Courts-Baron 1728

Throughout you will see, for example, vjs viijd.  These are fines in roman numerals that were used at the time. In this case it stands for 6s 8d, or 6 shillings 8 pence (1/3 pound).

My ancestor John Singleton was occupying a house in Preston, Lancashire and the branches of a neighbours tree were hanging over his house.  The neighbour was to cut the branches but he didn't, and in the follow-up was being fined 6s 8d for every month they were not cut.  This is the entry from the Courts Leet of Preston 1653:

We find and present Evan Rogerson hath not performed the 5th presentment of the last Leet in cutting his wood which hanges over Henry Wilson's house in the ffryergate (Friargate), in the possession of John Singleton, and he therefore according to the presentment aforesaid forfeited his fine of 6s 8d, and we do amerce him in every month the same continues undone in 6s 8d.

John was mentioned in the court books again in 1669 because his unmuzzled dog bit the butcher's wife and daughter, for which he was fined 13s 4d. Every week thereafter that the dog was unmuzzled he was to pay an additional 6s 8d.

In the Court Leet record of October 1732, George Singleton, along with 12 other neighbours, were charged with selling ale and beer from their homes without a proper license. They were fined 20 shillings each.

I also have Syngleton (Singleton) ancestors mentioned in the Lancashire Assize Rolls for the year 1269.

Check back of the publications for a nominal index.


Relevant Links:

Preston (Lancashire) Court Leet records 1653+, Pub. 1905

A Calendar of the Lancashire & Cheshire Assize Rolls 

Three early assize rolls for the county of Nortymberland, sæc XIII (Latin)

Three Yorkshire assize rolls for the reigns of King John and King Henry III

Autumn assizes, 1876: the courts of Oyer and Terminer and general gaol delivery of ssize and Nisi Pruis - Schedule for the Province of Ontario

The Expenses of the Judges of Assize Riding the Western and Oxford Circuits

Staffordshire Assize Roll : 56 Henry III

Northumberland pleas from the Curia Regis and assize rolls, 1198-1272

Curia Domini Regis - Cumberland, Derb', Devon, Dorset (Latin) Vol 1

Curia Domini Regis - Cumberland, Derb', Devon, Dorset (Latin) Vol 2

Courts Baron and Courts Leet of Manchester, K

Records of the Baron Court of Stitchill (Scotland) 1655-1807

Rolls of the assizes held in the Channel Islands in the second year of the reign of King Edward II, AD 1309 (Pubished 1903)

Cases decided in the Court of Oyer and Terminer, Deleware 1800's

Cases of High Treason at a Court of Oyer & Terminer, Dublin 1803, Vol 1.

Cases of High Treason at a Court of Oyer & Terminer, Dublin 1803, Vol 2

Trials for High Treason in Scotland: held at Stirling, Glasgow, Dumbarton, Paisley and Ayr, in the year 1820

Report and testimony from Grand Jury, Oyer and Terminer, Nov-Dec 1868, concerning election irregularities - New York




Related post: Do the Crime, Do the Time

Do the Crime, Do the Time

Do you have an ancestor who was naughty?  Or downright criminal? Can’t find an ancestor on an early census… did you check the jails? There are many sites on the internet of judicial proceedings where we can look for our ancestor’s name.

In Quebec before 1760 the head of the Militia of the parish usually settled petty crimes and everyday disputes among neighbours. He was under the supervision of the local Intendant.  The more serious crimes were heard by the "juridiction royale" in Quebec City, Montreal or Trois-Rivieres. The books “Inventaire des Ordonnances des Intendants” 1705-1760 are on Internet Archive in 4 separate volumes, or 2 books with Vol 1-2 together and Vol 3-4 together. After 1760 the Quebec Justice system was slowly introduced.  You can check each  other province archives to see how to access what records they have.

About.com has a list of websites to check US prison record databases. Other books with criminal records can be found at Internet Archive, search Patent Rolls, criminal, crimes. Disputes over a bit of land, bankruptcy, petty theft, murder. 

I didn't find any criminal skeletons in my closet - how about you?

Court records hold other data besides criminal. They may contain records of deeds, marriage contracts and wills. At Internet Archive search using keywords "circuit court, court rolls, criminal" etc.

Check local archives for "chancery court" records and "Cases of Equity". These are about cases concerning land, wills, slaves, and family/neighbor disputes.

Relevant Links

US Prison Records at About.com

Quebec Court Records (see instructions in previous article)

Inventaire des ordonnances des intendants de la Nouvelle-France [1705-1760 VOL I

Kingston Penitentiary Inmate Ledgers 1886-1919

Upper Canada Criminal Database

Prisoners of British Columbia up to 1884

Convicts shipped from Lower Canada to Australia

Norfolk Inquisitions Index 1845-1889

Norfolk Public Records

Calendar of the patent rolls Great Britain 1467-1477 (+ more years)

Calendar of the patent and close rolls of chancery in Ireland

History of Crime in England 1873

Victoria, AU. Court of Petty Sessions records, 1849-1865

Old Bailey Records Online – 1674-1913

Ancient Criminal Trials of Scotland (+ more volumes)

Celebrated trials UK - from the earliest records to the year 1825

Personnes incarcérées dans les prisons de Québec au 19e siècle

Court Records Book A, 1664-1812 (Crimes, licenses, deeds, etc) Hampden County, MA

Hampshire County (MA) Court records (several volumes)

US County Clerk Court Records - by state

Prison Life and Reflections 1851 –  life in Missouri Penitentiary

Capital Punishment UK – hangings, executions, etc

Victoria,Australia – Court Records database

Prisoners and Convicts – Victoria, Australia from 1850+

Prisoners and Convicts – Queensland, Australia

Graham Maxwell Ancestry - Prison Register Database

Australia Female Convicts

The Royal kalendar: and court and city register, for England, Scotland, Ireland, and the colonies .. 1765

Third Judicial Circuit of Michigan (searchable database)

Name Index to Photo Criminal Register - Fife, Scotland

The Court Rolls of The Manor of Wakefield (UK) Vol 1-3 

Allen County, Indiana circuit court records, general index 1824

Reports of cases adjudged in the Court of Chancery of Upper Canada

Anglo-American Law Traditions - Medieval and early England records

A general and true history of the lives and actions of the most famous highwaymen, murderers, street-robbers : To which is added, a genuine account of the voyages and plunders of the most noted pirates. Interspersed with several remarkable tryals of the most notorious malefactors, at the Sessions-House in the Old Baily, London - 1742

The Lower Canada Law Journal (Cases heard) Vol 1-4, 1866

 

What about the Children?

All of us who have children worried when they were young about who would look after them if something happened to us, the parents. These days it is a less likely scenario than in our ancestor’s time.

In Britain when a father or widow died leaving minor children, relatives usually took in the children. Sometimes the court appointed a guardian or curator to look after the children’s interests until they were 21. If a child was under marriageable age (12 for girls and 14 for boys), guardianship was called "tuition." If the child was of marriageable age but under 21, it was called "curation." See Court of Wards and Liveries.

In Quebec when one parent died there was often someone appointed to look after the interests of the children of the marriage, especially if the widow(er) wanted to marry.  Some of these records are online at BANQ (link below) with images of the actual documents (in French). See instructions at the end.

In the 1800’s society didn’t know what to do with all the orphans running the streets or overflowing the orphanages, so they came up with a plan to farm them out – literally.  To ship them to farm families to help with the work. There are several websites that tell of the plight of these children.

I also found a couple of books you might enjoy. One is a book on child rearing from 1748.  The other is a book of children stories, that teach a lesson, from 1800.  There are 6 Volumes in the series.

Relevant Links:

Court of Wards and Liveries info

Stories of Orphan Train Riders

Orphan Train Info – Children’s Aid Society

National Orphan Train Complex – researching

British Home Children in Canada

The Duplessis Orphans (no database, most still living)

Index to orphan schools records Australia – 1817-1886

Delaware Orphan Court Records, 1680-1978 (Browse)

More links on Olive Tree Genealogy

A modern plan upon which the minds and manners of youth may be formed - 1748

The parent's assistant, or, Stories for children Vol 1 – 1800 (there are 6 at Internet Archives)

Annual Report of the Orphans' Home of Toronto

Quebec Court Records – Guardianships (see instructions below)

Note: To do a search in Quebec guardianship records at Banq, type in the word Tutelle and the surname.  Click on any of the results and at the top right click “Voir les images” and it has the number of pages. To download the images go to the icons at top of the page. There is a red X (close), then the print button, then the download (Téléchargement) button, then the Référence button, which when clicked gives you the source. 

Heir to the Goods and Chattles

Not everyone wrote a will, and not every will has to be probated. That said, I have found probate records for a value of effects as little as ₤48 that a spinster left her brother and as much as ₤13,670 that a Master Tailor left his wife. In Canada, Australia and the US, probate records are under the jurisdiction of the province or state. Canada and US records for aboriginals are federal. In southern England and Wales wills 1384- 1858 were a church matter and registered, mostly, with the Prerogative Court of Canterbury.


Unfortunately many offices in Devon that held wills were blitzed in WWII.  Fortunately for me, my ancestor had enough of an estate that a “death duty” was owed and these records, called Inland Revenue Wills, had been kept in London and those from 1812 to 1857 survived, as well as some in Cornwall and Somerset.

My grandmother, being the eldest child, was the executor with her mother of her father’s will, and bless her heart she never threw anything out. What I have is a Declaration of Transmission of Estate for a non-probated will in Montreal, which named the properties he owned. A Will or a Probate Record can name children, property, and what burying arrangements should be made. Sometimes it is just a line saying all their effects go to someone.   

 

Relevant Links:

Will sand Probate in Canada – LAC

Manitoba Probate Indexes 1870-1983

Wills and Probate – UK

Court of Surrey Spage Register (Register of Wills named after first person registered)

Oxfordshire Transcriptions of Wills

Devonshire UK wills – from 1546- and genealogy of the most ancient gentle houses

The Devon Wills Project – Indexes

Somerset UK – Wills

Cornwall Probate Records Available

Medieval source for Probate records

Wills and Testaments – Scotland

Edinburgh Register of Testaments 1514-1600

Edinburgh Register of Testaments 1601-1700

Edinburgh Register of Testaments 1701-1800

Register of testaments Inverness 1564-1800

Glasgow Register of testaments 1547-1800

Will Calendars of Northern Ireland

Wills and Testaments – National Archives of Ireland

A Treatise of Testaments and Last Wills Dublin 1793 (How to write a will)

Locating Australian Wills

New Zealand Probate Records at Family Search:

George Budke's 1921 Abstracts of Rockland County NY Wills

USA Will and Probate Records by State at Family Search

Perogative of Irish Wills  1536-1897

Court of Surry Spage Register (Register of Wills named after person registered 

Oxfordshire Transcriptions of Wills

Devonshire UK Wills - from 1546 and genealogy of most ancient and gentle houses

The Commissariot record - Register of Testaments - Scotland

Mortifications (wills) under the charge of Aberdeen (back to 1400's) - 1849

Wills and Testamentary Documents of Binders, R=Printers and Stationers of Oxford

The Municipal records of Bath; 1189 to 1604 (1885)

Victoria, Australia; Wills can be found in Court Records database

Wills and Administrations for Devon and Cornwall 1540-1799