The police force was organized in consequence of an ordinance issued during the administration of the Earl of Durham on the 28th of June, 1838. It consisted of 102 privates, four mounted patrols, six sergeants and six corporals under the command of four officers, viz., Capt. Alexander Comeau and Lieutenant Worth for Division A, and Capt. William Brown and Lieut. William Suter for Division B. The expenses were borne by the civil home government and amounted “to at least six thousand pounds per annum.” (Cf. “Hochelaga Depicta.” 181.)
After the rebellion in the early days of Queen Victoria’s reign the office of superintendent was abolished and a “Fire Society” was established by the special council, with power to create a body of officers of the peace. The name suggests that protection against fire was more important those days than against other evils. The force consisted then of 102 men, four mounted patrols, six sergeants, six corporals under the command of four officers. The government supported this expense, which amounted annually to about six thousand pounds. In 1851, after the burning of the parliament house and the Gavazzi riots, the powers of the Fire Society passed into operation under the municipal authorities. The constables were increased to 100. The chief of police was Mr. Hayes. The central station was in the basement of Bonsecours Market and another post was the corner of Craig and Bleury streets. The police had not an enviable reputation. The pay was only 50 cents a day. Often recruits for the service were obtained from the prisoners. Drunkenness was charged to them so that a fine of 5 shillings was imposed on all who sold intoxicating liquors to any of the force.
In 1861 Guillaume Lamothe became chief of police and after some years’ agitation he succeeded in obtaining $1.00 a day pay for his men. Mr. Lamothe, alarmed at the growth of houses of prostitution at this period, suggested in his annual report of 1863 the license of a certain number so as to regulate the evil.[4] The recorder, De Montigny, supported this, but on the protest of the religious authorities of the town the innovation was discountenanced.
In 1870 the military were removed from the garrison and the records show an improvement in the morality of the town.
Since 1850 the chiefs of police have been: H. Jérémie, 1850; Thomas McGrath, 1851; E.O. Ermatinger, 1854; J.N. Hayes, 1854; Guillaume Lamothe, 1861; P.W.L. Penton, 1865; H. Paradis, 1879; G.A. Hughes, 1888; D. Legault, 1901; O. Campeau (November), 1905.
THE COURTS AND COURTHOUSE
The establishment of the higher courts has been treated in the chapters dealing with the constitutional growth of the city. It remains to indicate the present system as in vogue. Lawsuits in purely civil matters involving less than one hundred dollars and in which no future rights are involved, are settled by one of the three judges of the circuit court or in a few cases of minor importance by one of the City Recorders. The city recordership is an office peculiar to the Province of Quebec. It is attached to the City Hall and deals with minor offenses enforcing a part of the criminal law, enforcing payment of city licenses and is a court of appeal for assessment charges, actions for wages and civil cases not exceeding one hundred dollars, and minor cases of non-support and the duties of a domestic relations court. All cases dealing with children under sixteen years of age have been relegated to the recently established juvenile court.
Cases of litigation involving $100 or over are decided by one of the judges of the superior court, from whose decision an appeal may be made either to the court of review, which is practically the first court of appeal (composed of three judges of the superior court, other than the judge rendering the first decision), or to the court of king’s bench, consisting of five judges. There are now six judges of king’s bench, sixteen of the superior court, and four of the circuit court for the district of Montreal, which comprises the island of Montreal and the counties of Laval, Soulanges, La Prairie, Chambly and Verchères. The court of king’s bench is composed of six judges, one of whom is the chief justice of the Province of Quebec and five of whom hear appeals in civil and criminal matters for the Province for two weeks every month in the cities of Montreal and Quebec, alternately. They also preside over the sittings of the criminal court for the cities of Montreal and Quebec. Of late years the salaries of the judges of the king’s bench for Montreal and Quebec are $8,000 for the chief justice and puisné judges at $7,000; those of the superior court, $8,000 for the chief justice and $7,000 each for the puisné judges, with a rider restricting all judges to the exclusive practice of their profession as judges. This limitation causes retirements after a number of years for more remunerative posts. The bench is not a body corporate, while the bar is. The first legislation was in 1785 (25 George III, C. 4), regarding the appointment of advocates, attorneys, solicitors and notaries.
The first attempt of the bar of Montreal to acquire corporate existence goes back to 1828, when on March 27th the members of the bar, under the auspices of the court of king’s bench, then composed of Chief Justice Reid and of Justices A.F. Uniacke, George Pyke and L.C. Foucher, organized themselves into a library association, the first board of management being composed of Messrs. Stephen Sewell, Joseph Bedard, Frederick Griffin, and Alexander Buchanan.
The association had a social circle as a scientific side and partook of the nature of a club. The admission fee was $200 and the annual subscription was $5.00. It appears to have flourished.