North American. [volume] (Swanton, Vt.) 1839-1841, 1840-09-09


was enacted that the different courts Of
Judicsture in the Province should have
power and authority TO make such orders
and rules Of practice IN oil civil matters,
respecting all services Of process, execu-
tions and returns of all wrils, proceedings
for bringing causes 10 issue ia term or out
OF term, and they were also empowered 10
make all kinds of regulations for the des-
patch OF bust tess. The 18th section enact
cd that the Courts OF civil and criminal
Jurisdiction shall have the power and au-
ihofiiy to make table OF fees for the Off
GERS of the said Courts. The Judges were
authorised Ia revise this table from
time TO Time, and TO make such alterations
as they might think proper. We lay these
two sections before our readers as in the
course Of this history we shall see that
two Judges, one from Quebec, MIR. Sewell,
and The other, the Chief Justice OF MonUe-
al, MIR. Monk, were both accused by the
House Of Assembly in 1914, of having a.
bused the powers conferred on them by
these two sections.
The House was called upon to pass
Bill by which the " lSernient decisoire"
was to be admitted in Commercial debts.
BY the " !Sernent decisoire" is understood
the oath given by debtor that he has
pal! the debt for which he is sued Al
though this Bill was reserved for the Kings
sanction, yet il was finally approved by
His Majesty and became the law OF the
land.
A Bill was also passed during this ses-
sion TO establish free schools according to
the instructions which the Lieutenant
Governor had reserved from the Colonial
Minister. Ii was also received for the
further consideration Of His Majesty and
was in due time sanctioned. Bot il never
was OF any use TO the Province, as the
spirit OF Protestant Sectarianism prevailed
too much TO permit any good TO result
from the establishment ofthose schools.
Antoher Bill which proved very useful
10 the City Of Montreal, was carried
through that session. This was to re-
move the old walls and Qualifications Of that
City, as well for the purpose OF embellish-
ing it as for the admission of free air. In
deed these walls and Notifications in the
delapidated state in which they were then,
were more Of nuisance TO its inhabitants
than protection from any invasion of a
foreign enemy. This bill also, after hav-
ing been kept for the Specification Of His
Majesty's pleasure, became law, having
been sanctioned by the King.
Two permanent acts voting new sup
plies for the maintenance of the local gov
eminent were also passed. The first one,
41st Geo. Sd. chapter 18th, granted TO
His Majesty an annual duty Of ELL Is on
each Billiard table. The second, 4lst
Geo. Sd. chap. l4th, imposed duty on
imported tobacco Of three pence on each
pound, and four pence on each pound OF
snuff.
This session closed its labor on the 9Th
of April Of the same year. His Excellen-
cy in his closing speech, announced TO the
Colonial Legislature the Legislative Union
of Great Britain and Ireland, and was bold
enough 10 predict that the happiest effects
would result from this Union. Poor, un-
fortunate and down trodden Ireland, how
much misery has been in store for that
Inflated Island in its legislative junction
with Great Britain. Dupicity, fraud and
bad faith, accompanied with the most
shameful corruption, were the means then
employed to coerce Ireland, and they this
day adopt the same course in Canada, to
force upon its inhabitants an Union,
which is intended TO benefit the few at the
expense Of the mass of the people.
To be continued.
NnEpTEE yNEWpNE any,