16 CONSTITUTIONAL HISTORY OF THE PROVINCES. 
tests, and the assembly though formally summoned never 
met’. The government therefore remained in the hands of 
the Governor and the Council. 
The The Council consisted of the Lieutenant-Governors of 
Council. aro treal and Three Rivers, the Chief Justice, and eight 
sthers chosen from the residents in the Province’. It pos- 
sessed legislative as well as executive powers: the Crown 
retaining the right to disallow all laws. 
Uncer- Great uncertainty prevailed as to what laws were actually 
tainty of in force in the Province. Some thought that the effect of 
the conquest and of the proclamation of the 7th Oct. 1763 
was to establish the law of England in all its branches, 
‘he French settlers maintained that the old Canadian laws 
cemained unrepealed, whilst some of the leading lawyers 
held that the result of the proclamation was to introduce the 
Criminal Law of England and to confirm the Civil Law of 
Canada. 
The Government of Quebec retained the above form 
.ntil 1774 when the English Parliament gave a new Con- 
stitution to the Province by an Act known as the Quebec 
path of Act®. Previous to the passing of this Act the Crown by 
and Wed. Order in Council had directed Attorney-General Thurlow 
derburne. 4 Qolicitor-Gieneral Wedderburne “to take into considera- 
kon several reports and papers relative to the laws and 
courts of judicature of Quebec and to the present defective 
mode of government in that Province and to prepare a plan 
of Civil and Criminal Law for the said Province and to make 
their several reports thereon.” On the reports made in pur- 
suance of these orders the Quebec Act was based. 
The mew constitution recognised the religion of the 
French population by relieving Catholics from the necessity 
of taking the test oath, and enacts that the English Criminal 
L Christie, 1. p. 50. 2 (farneau, 11. Pp. 87. 
14 Geo. III. (i) c. 83, 4 Christie, 1. p. 27.