North American. [volume] (Swanton, Vt.) 1839-1841, 1840-07-15
sWANToN, VT. JULY Is, 1910.
EDITED BY CANADIANS 4 AMERICANS.

" his character and his houor. and that hs
" cond not believe the colonel could b.
4" guilty Of dishonest action"
This Judge Fraser, whom we have
found TO be halCpay captain, had also
been depuiy-paymaster, acting under Mr..
Thomas Boone. In 1856 his place was
filed by Mr.. WinsIow, and Judge Fraser
was found 10 be deficient of monies in his
hands to the amount Of $50 900. Two
years afterwards he was yet in debt 10 the
amount Of SEQ, 600. He was sued and
acknowledged himself indebted in the sum
Of S22,153 63 cents, and said TO the
court, that If next December, he did not
pay the debt, he was willing an erecuiion
should be issued against him. At the
time appointed, Judge Fraser not having
paid, MIR. Boone's agent applied TO Judge
De Rouvile for an execution, which was
granted. But Judge Fraser pretended
that the money had been paid in England,
and the execution was stayed, but
when the legality of this proceeding
was questioned, Judge De Rouvile said
The had been Judge Fraser's relation for
upwards of 25 years, and he could not sit
on this case"
In the testimonies before the Commits
sioner for the investigation of the past
administration OF justice in the province,
we find one which asserts that an individ-
ual having been sued for selling liquor
without licence, another was called as
defendant was acquitted
and the witness condemned by the court To
pay the costs, as the Judge considered
him tale bearer, and the cause of the
suit. In a similar case the defendant was
also acquitted and the witness condemned
to pay, the fine. Another case of more
1agrant injustice is recorded an individual
was sned for the payment Of sum due for
horse be had bought, but was acquitted By
the court, and Mr.. Mackenzie, who was
a witness in the cause, was condemned to
pay for the horse.
In the case Of Kay against MoreIle,
there was no suit, no declaration, no de-
fault, no pIeadings. An account OF G52l
| As. was filed, and an execution was inn
obtained. In his testimony Mr..
Davidson says, that on the 14th of Sept.
1888, four different cases were thus dis
posed Of.
William Grant, Esquire, a member OF
The Legislative Council, and Judge also
Of the court OF appeals, gave testimony as
follows -
have read pleas, declarations, an
;wers, and reasons of appeal, where both
French and English iaw were cited as
applicable.
The Canadian Judges, from their rea-
soning, believe, generally give their
judgments on French laws, and what APP
pears equitable 10 them. There are
English Judges in the court Of appeals,
who do not pretend 10 understand the
French law, or law books their decisions,
therefore, must be given on their ideas of
he English law, or on the sense Of the
principles of equity arising out OF each
particular case.
The English gentlemen, who under
stand both languages, have always, in my
opinion, made up their judgments either
On the laws Of Canada, (that is the writ
en custom Of Paris, and such judgments,
ordinances, and declarations OF the inten-
lanls and superior council, and ecicts,. or
finances, and declarations of the Kings Of
France, as in their apprehensions were
introduce into, and applicable to the
tate Of, the colony anteceden. TO the con-
luest,) or upon English law and statutes,
IS the Justice Of the case required. De-
:isions on real right, since the Quebec Act, /
ave, or ought 10 have, been governed by
french law many mixed aud personal
clions, particularly actions OF CONNER
ial nature, have been and must be de-
ided by English law and usage, or par
icipate, 10 do justice, of English and
french.
The court OF appeals consists Of twenty
hree members, Canadians and English !;
nv FIVE OF whom, with the governor,
eutenant- governor, or chiel-just:ce, make
court OF appeals /; each member gives his
oie or voice on each cause, beginning
nth the Youngest and the majority oil
otes decide it. The Judges Of this court,
- r.