the subject, established a board for examining and licensing medical candidates. From the state of the province it became impossible to form such a board of examiners, and the act was repealed. Many physicians and surgeons have gone into practice without any provincial licence, supposing there was no prohibition, and not suspecting that an old ordinance of the former province of Quebec, which was not executed and had not been published among the laws of this province, was revived by a repeal of the provincial act, so as to be in force here. An act passed in 1815 has established a new licensing board, to consist of the senior army physician or surgeon, with one other practitioner, regularly licensed in some of the British dominions. It subjects to a penalty of £100 every person practising, after the date of the act, as a physician, surgeon, or male-midwife, without a licence, excepting, however, any one who has had a warrant as a surgeon or surgeon's mate in the army or navy.

SKETCH XXVIII.

TRADES AND APPRENTICESHIPS.

British Statute not in force here-No Provincial Act on the Subject.

THE statute of Elizabeth, requiring seven years apprenticeship before the exercise of a trade, being local in its application, is not considered to be ap

plicable to this province; and no provincial act has been passed on the subject. Any mechanic, therefore, is at liberty to set up his trade, whether he has served a stated term of apprenticeship or not. But as the same liberty is common to others, and customers left to their own choice will employ the best workmen, he cannot expect employment and success without skill in his trade; and that is not ordinarily acquired without an apprenticeship, or regular education for the business. In this view apprenticeships are useful and necessary; and contracts for them, in the usual form of indentures, are respected and enforced by law*.

*The above statement of the inapplicability of the English law of apprenticeship to this province has been controverted by a barrister of great respectability, who did me the favour to examine these Sketches in manuscript, and who thinks that, though not executed, that law is in force under the general adoption of the laws of England, and would be so decided if the question were brought before the court of King's Bench. I have reconsidered the subject, but cannot agree with him. It is a settled rule, that penal and restraining laws are to receive a strict construction. Such is the character of this law. It subjects to a penalty, and is in restraint of natural right. It is accordingly construed so strictly in Westminster Hall, that trades invented since the date of the act have been holden to be free, and not prohibited. It has also been adjudged, that the prohibition is confined to market towns and parishes, and that in extra-parochial places, any person may exercise a trade. This whole province may be considered to be extra-parochial, there being no parishes in it in the English sense of the term, subject to tithes, support of paupers, and other charges, and local restrictions; one of which is, the restriction of trades without apprenticeship. But there having been no decision to this effect, the opinion here expressed may prove erroneous.

SKETCH XXIX.

IMPRISONMENT FOR DEBT, INSOLVENT LAWS, AND LIABILITY OF LAND FOR DEBT.

No Capias, but in case of a Debt certain, and above 40s.-Oath required before taking out a CapiasA poor Debtor to be discharged from Prison, or supported there by the Creditor-Land of a Debtor liable to Execution-No Bankrupt Law.

PERSONAL liberty is so highly respected by the laws of the province, that, in civil actions, the body is not subject to arrest or imprisonment, except in a case of debt certain, and above 40 shillings, where there has been an attempt, or is an apparent intention to avoid payment. Before a capias can be sued out as mesne process or execution, the creditor, his agent, or servant, must make affidavit that he believes the debtor is about leaving the province, with an intent to defraud his creditors, or has secreted or conveyed his effects, to prevent their being taken in execution.

An insolvent debtor, detained in prison on execution, upon applying to the court, and making oath that he is not worth five pounds, is entitled to a discharge of his person, or a dollar a week for his support, to be paid by the creditor in advance every Monday, unless the creditor prove, to the

satisfaction of the court, that the debtor has fraudulently secreted or conveyed away his effects.

Where the debt does not exceed £10 sterling, and the debtor has been imprisoned a month, if he makes oath that he is not worth more than the amount of the debt, and has not fraudulently disposed of any property, his person is discharged; but any estate which he then has, or may thereafter acquire, remains liable for the debt.

A debtor's land is liable to be taken and sold on execution, after a writ of execution against his goods and chattels is returned unsatisfied; and though upon a person's decease his land descends to his heir or heirs, according to the rules of the common law, and is not subject to administration, as assets for the payment of debts; yet it is questioned whether the same British statute which subjects the land of a living debtor in the provinces to the payment of debts, be not applicable to the land of a deceased debtor. If this be the true construction of the law, the jurisdiction of the court of probate, and of executors and administrators, should be extended to the administration of lands in such

cases.

There is no bankrupt law in the province. In the general adoption of English laws, those respecting bankrupts were expressly excepted; and the provincial legislature have made no provision on the subject.

In cases of failure and insolvency, traders stand on the same ground with other debtors.

SKETCH XXX.

GRADUAL ABOLITION OF SLAVERY.

Importation of Slaves prohibited-The Right of Masters to their Slaves confirmed-Their Children to be free at 25.

THE Common law of England does not admit of slavery. But an act of parliament authorized the governor of the province of Quebec, to license the importation of slaves. Under that authority a few negro slaves were introduced before the division of the province. At the second session of the legislature of Upper Canada, in 1793, the further importation of them was prohibited; and voluntary contracts for personal service were limited to a term not exceeding nine years. As to slaves theretofore imported under authorized licences, the property of their masters was confirmed; but provision was made, that the children of such slaves, born after the passing of the act, should be free at the age of 25 years; and that their births should be registered, to furnish evidence of their age. It was further declared, that if such minors, during their term of servitude, should have children born, those children should be entitled to all the rights and privileges of freemen. Of course they cannot be holden to service after the age of 21 years.