North American. [volume] (Swanton, Vt.) 1839-1841, 1840-07-25

VIZ -
1--WE certify, that Messrs. Samuel
and Utish Judah were examined IS wit
Gesses FOR the Plaintiff on the trial 81 this
cause, and from whose testimony the
cause appeared so clear. that we did not
attend 10 the taking down their evidence,
not loFeseeing an appeal
| (Signed)
Montreal, JONI FRAzER,
10th June 1888. HERTrL DE RocvILLr.'
/ The consequence was, the Court Of
| Appeals gave judgement upon the proofs
before hem. Solomon obiained Tever-
sal of the judgement, Appealed from, and
my client lost his cause, and thereby the
money which appeared TO the Judges so
clearly due 10 bin, and had about thirty
pounds cost 10 pay, because the Judges
1 did not foresee an appeal.
Arid against Chamont. In this case
! the judgement OF the Court of Common
Pleas, for the district of Montreal, was
/ founded upon deposition taken at Mr..
Judge Ftazer's country house, and cert-
| fled by him to be the same, in the follow
ing words -
"The same deposition was made in
open Court before judgement was given,
although, by some mistake, it was not
taken down. (Signed)
Long Point,
S0,h July, 1887. J. Frazer"
| Though more than month after Judge
| ment rendered.
do consider the irregularities, in gene
raj, proceeded from the want of certainty
in the administration Of justice, and from
a want Of known laws, rules, and orders
OF practice, which ought 10 have been
laid down by the Court. As far as my
own experience and observation enable me
10 form an opinion, and indeed from Inc
observations of all the gentlemen at the
Bar, may safely assert, that no positive
know ledge of the laws could be obtained
from the judicial decisions of the Courts
IN this province and so great was the
uncertainty thereof, that after the argu-
ment OF lcause, and before Judgement,
have frequently seen the event or success
Of suit decided among the advocates bv
the turning up OF piece Of money, or
the drawing OF straws.
Grace and favor may be applied with
great proprieiy 10 a judgement rendered
IN the Common Pleas of Montreal.
| La Breche versus Bilaire, the Judge
ment states, "the Court having consider
ed the whole, without paving any atten-
tion To the witnesses Of the plaintiff, dis
misses the said plaintiff from his action,
with COSTS"
| Mr.. GoedalI, partner in mercantile
house in London, who had a great number
Of debts to collect in the Province of
| Quebec, says that such was the uncer-
tainty OF the laws that he dared no: insti-
tute any legal actions for the recovery of
the debts due bin. A MIR. Young, mer-
chant OF Quebec, said before the Commits
sioner OF investigation, that he had never
heard, till very few days before he gave
his evidence, that the Code Marchand of
Louis XIV. was in force in that Colony;
but that in late charge of the Court of
Quebec, the Judge instructed the Jury
that il was so. George Allsopp, men,
Der of the Legislative Council, and conse-
quently one OF the Judges Of the Court OF
Appeals, but who, for his independence of
mind, was al first suspended, and after
wards formally dismissed, gave testimony
in these words
Respecting the causes wherein my own
name or the names Of persons acted for,
do appear, since the year 1916, in the con.
sullatinns have held with nv advocates,
Mr.. Monk and Mr.. Panel, at Quebec,
they have always given me very doubt
ful opinions OF success, not with regard 10
the justice of the causes was concerned
in, bat with respect to what the decision
of the Judges might chance 10 be, from
the uncertainty OF the laws in general, from
not knowing whether the Judges would
apply any, ar what particular law TO the
case, or according TO their wills give eqUi-
table decisions, upon the maxim laid down
of doing, what the said Judges termed,
substantial justice. And this have I'M
derstood of the Court of Appeals, as we'll
as the Court OF Common Pleas al Quebec
" For the above, and other motives and
reasons assigned in my answer 20 The first
in,errogstory, bot especially from the OPP
position those Judges made to every sslu-
iarv proposition offered bv me to the said
Council. in the sessions ofI779, 1850, 1881
AID ITs2, for a reform in the courts OF law
C,- crantino the Kings suhjtcfs the laws