Page:American Historical Review, Volume 12.djvu/39

 The Office of Intendant in Neiv France 29 the procedure was very simple. ' Decision was given in the form of a decree, which was communicated to the parties concerned. When any considerable number of parties were interested, the decree was usually ordered to be read to the parishioners after mass or to be affixed to the door of the parish church.' To this end the intendant communicated such ordinances to the capitaiiie dc la milicc of the parish or cote, an official who acted as the local agent of the Quebec authorities and whose duty it was, among other things, to see to the publication and enforcement of decrees issued by the proper higher authorities. The intendant was empowered to appoint subdelegates with jurisdiction in petty civil cases in which the amount in dispute did not exceed one hundred livres.' These officials likewise supervised the enforcement of the police regulations which the intendant pro- mulgated from time to time, and they tried minor criminal cases. Subdelegates were maintained at Quebec, Montreal, and Three Rivers ; but from their decisions appeals might at any time be taken to the intendant. From the decisions of the intendant there was always a right of appeal to the Council of State in France ; but as it was always a year or more before the opinion of the Council of State could be had on such appeals, the judgments of the intendant were usually accepted as final. Police Pozi'crs. — Although the colonial intendant was a judicial officer of considerable authority, his main duties were not judicial but administrative. He was authorized to issue, in concurrence with the council, such general police regulations as might be deemed necessary ; but, when the council's concurrence could be had only with difficulty or delay, the intendant was empowered to issue on his own responsibility such regulations as he thought demanded by the public interest.'' This "police power" comprised not only matters directly connected with the maintenance of law and order in the colony, but all matters relating to the protection of life and property, to the public health, and to the carrying on of trade and ' " Everybody pleads his own cause. Our Themis is prompt, and she does not bristle with fees, costs, and charges." Lahontan, I'oyagcs (Amsterdam, 1705), I. 21. 2 Cf. Edits et Ordonnanccs, II. 429- 3G. Doutre and E. Lareau, Le Droit Civil Canadien, I., Histoirc Gencrale dii Droit Canadien (Montreal, 1872), 133. necessaires pour la police generale du dit pays ... ; et en cas que vous estimiez plus a propos et necessaire pour le bien de notre service, soit par la difficulte ou le retardement de faire les dits reglemens avec le dit conseil, nous vous donnons le pouvoir et faculte par ces memes presentes de les faire seul." Hdits et Ordonnanccs. III. 42-41-
 * " Faire avec le dit conseil souverain tous les reglemens que vous estimerez