North American. [volume] (Swanton, Vt.) 1839-1841, 1840-07-25
Original.
HISTORY OF CANADA.
(cosTtkuED. }

The evidence OF Thomas Walker, a
lawyer of very considerable practice in
the city Of Quebec, is still stronger than
say we have yet introduced. He goes so
far as 10 say that he has often "seen a suit
decided among the advocates, by he turn
,ag up Of apieee Of money, or The d, atS-
Tag Of strauss" What can be thought Of
tie condition OF a country thus ruled I
Saeh was the system OF favorilism and
ps'tiality towards certain class OF syco-
nAants and oflice-seekers, that these mis-
drneanors were looked upon with very
indifferent, nay, we should say-compla-
rent eye, BY the Governor, who, in these
Jadees, found the right sort Of instruments
Of persecution and despolsm. Mr.. Walk
efspeaks thus:
"The judgements seldom expressed upon
what law, or by what authority, they
we're decided the Judges ideas of right
and wrong prevailed, 1 conceive, otlener
than any ta,o.
" 10 conducting the causes intrustrd to
ne, have quoted, as the best means of
success, the statute and common law Of
England. the coutume de Paris, and edcis
and ordinances OF the French King, and
the Roman and civil laws in writing and
verbally, and have 10 the best of my pow
er. supported the admissibilty Of such
part or parts of all or either of them, as
considered applied most favorably TO my
clients case, or ichich, from my expe-
renee in the Courts, | considered would
have most weight with the Judges. To
instance the causes wherein have adopt
ed this mode, would be to ehumerate every
esnse Of ntricacy, or indeed of conse-
qaence, ever was employed in.
"There has not Gas it is stated in the
preceding answer) been that certainty in
the knowledge Of the laws from the judici-
determinations, by which could inform
my clients on what authority have gain
ed or lost their suits.
"The complaints of the practisers at
he bar have been so loud on The head Of
uncertainty, that every person mus: have
heard them. II has ever been my con-
slant opinion 10 clients, on consultation,
hat we were totally in the dark wha; law
prevailed, and particularly in personal &C
hons, that knew not how to advise them
iar the best. always considered the C.
vent Of snit depending upon the princi-
/ pes Of law in the Courts in Canada, as
very precarious. and appeal tn those GEN
urmen whose canses have conducted, or
WIN have applied tn me for advice, il
have not been uniform in this idea.
have heard every gentleman Of the pro-
lessnn here, and at Montreal, complain
gnevnusly Of the irregularlty IN the Courts.
fecollect at a meeting Of the advocates
q Quebec, some short time after his Ho-
saf the Chief Justice had requested them
'a' Information respecting the laws and
practice, and their ideas Of what altera-
tons and amendments might be necessary
nat the whole body were unanimous,
nat we were in a state of disorder, con-
issna and uncertainty, in point of rules
aw and practice, out Of which IL was
hghly necessary We should be extricated.
"The irregularities that must necessa-
'HF atise in Courts where there is no
'aes ol practice, or where the questions
he'ayolved in uncertainty, are inevitable
AL require remedy. Irregularities Of
'1lhef and more dangerous nature have
''sea, either from the want of profession
taewledge in the Judges. or from gross
,s'aeet or inatien,ion as Cor instance.
u Sept, 1854, Cohen prosecuted Solo
mas Tor the recovery of sum due IN
I'm as feader and killer Of the synagogue,
saa which Solomons was liable for, as
,ss' thereof. Defendant denied the debt
'a'aiid produced evidence and Ihereup-
= obtained judgement for his demand,
wa costs. Snlnmons appealed, and was
,,.aiaoyei by Cahen 10 defend the appeal
saaa examining the record, found that
aepnsi,ions of the witnesses, produced
y t'hen 10 the inferior Court, were not
~ down. iherrupOn moved the Court
Appeals Tor q rule on the Judges oI the
~'aa seiow TO perfect The record. The
e vas granted and Transmitted. The