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/C'^6 
 
 PROVINCE OF 1 
 LOWER CANADA./ 
 
 IN APPEAL. 
 
 In a Cause between 
 WILLIAM PRICE and others. 
 (Defendants and incidental Plaintiffs in the Court below,) 
 
 App8I<i,ant3 ; 
 
 AND 
 
 ANDREW BATES BROWNSON, 
 
 (.Plaintiff and incidental Defendant in the Court below, ) 
 
 Case of the •^ppellant». 
 
 THE interests involved in this cause are of a mognitude much beyond tho sum j» controversy 
 although that sum with the costs already incurred iij resisting what the appellants conceive to be an 
 unjust demand, is not inconsiderable. 
 
 The appellants are the proprietors, amongst other large establishments in thi« Province for the 
 manufacture of deals, and for the export of lumber generally, of a saw-raiU and store at Metis a 
 distance on the South Shore of the St. Lawrence, of about one hundred and eighty miles from Quebec 
 at which mill large quantities of deals were manufactured, and many labourers employed in eettine 
 out the saw-logs, sawing them into deals, and conveying the deals to the River St. Lawrence and 
 there shipping them for Europe ; and from the store suppUes were furnished to the labourers and 
 otliers, of the coarser necessaries which they required. The care and management of this store and 
 the superintendence of the shipments of deals at Metis, was confided by the appellants to the resnon 
 dent, and for these services he was to receive ^120 a-year. The respondent entered upon these duUes 
 on or about the 12th day of September, in the year 1831, and was discharged on the 9th day of No 
 vember, in the year 1833, for misconduct ; whereupon he instituted the present action for the recovery 
 <>t a sum of £65 3s. 4d., which he claimed as the balance due to hiiu for his services at Metis as 
 afores.iid. iiimoj 
 
 The declaration is in genent\ind»bStalu» assumpsit, and contains four counts-^lst. For work and 
 labour, journeys and attendances. 2dly. a quantum meruit. Sdly. For money paid, laid out and ex- 
 pended;— And 4thly. on an account stated. — Damages, £75. 
 
 ^yith the general issue the appellants pleaded a plea of peremptory exception, wherein after 
 admitting that the said respondent had been in their employ, from the 30th of Npvember. 1832 to the 
 8th of November, 1833, as the hired servant of the appellants, they allege:— » *" ' 
 
 "That the said plaintiff during the time that he was in the service of them the said defendants 
 " for the recovery of the wages whereof the present actiou hath been brought by him, the said Dlaintiff 
 " against them the saiJ defendants, was employed by them the said defendants, to take cbarse of a 
 
 certain retail store or shop, of them the said defendants at Metis, in the District of Quebec afore- 
 " sBid, and had during the time aforesaid, the care and management and custody of divers goods, wares 
 
 and merchandises, by him the said plaintitf, for the use and benefit of them the said defendants as 
 '• the agent and ser.ant of them the said defendants, for hire and reward, and, amongst other eoods 
 « wares and merchandiaes, which were placed in the hands and custody of him the said plaiotiflF bv 
 " them the said defendants as aforesaid, at Metis aforesaid, there were forty-one barrels of pork of the 
 " value of £^05, and ninety-three barrels of flour of the value of £162 ISs., making together the 
 
 sum of £367 15s. current money of this Province; which said forty.one barrels of pork and 
 <• ninefy.three barrels of flour, the said plaintiff made away with and converted to his own proper use 
 " and proht, and that the said plaintiff as such agent and servant as aforesaid, during the time that be 
 
 was in the said service as aforesaid, conducted himself very negligently and fraudulently, absenting 
 " himself from time to lime from such service, employing the r.rvants of them the said defendants for 
 ■' his own private use and benefit, and carrying on a separate trade of his own, to the prejudice of the 
 '" trade iin<i business wherewith he was entrusted as aforesaid by the said defendants, at Metis 
 " aforesaid." ' 
 
2 
 
 The appellants filed with the foregoing pleas, an incidental or cross demand, wherein thej set- 
 forth :— 
 
 "That heretofore, to wit, on the first day of November, which was In the year of our Lord, 1832, 
 " it was agVeeTty and berween the said incfdental plaintitrs and tl.o said i'-idental defendant .at 
 .' he, the said incidental defendant should forthwith proceed to Metis, .« the D.str ct o <i;>^^« ■ »"J 
 ^' there talie charge for hire, of a certain retail store or shop, of them the said inCM ental |.U. U Ifs, ;l 
 .. Metis aforesaidfand the said incidental defendant did accordingly proceed to Mel.s aforesa.d, to w.t 
 '« uno the day and year aforesaid ; and the said incidental plaiatilTs on the day and year aforesa.d, .t 
 '. Me sforesL, delivered and caused to be delivered to the said incidental defendun. J-r, Koods 
 .< waresand merchandises, to „i,, all the good,, wares and merchandises .n the sa.d reta I store o 
 . shop, and delivered and'caused to be delivered, diver, other goods ware, and "•;«'-"J'^^'^ ° ^ 
 said incidental defendant from time to time, amountintJ in the whole to the sum of i.^0.000 of la«ru 
 currei t mon y of this Province, to be sold and disposed of by the su.d incidental defemlan.. at and 
 for the best price and value he he said incldenti.l defendant could procure or ge for ,he s,.me an.l 
 toaccouitfo andpayto^ plaintiffs, all mouie. ar sing from the sue '""-t ; in 
 
 . , .. „ ,.■,„„„/ ,„ „u on ,1,6 (lav and year last aforesaid at Quebec, aforesaid, he the said 
 rdS fetdr un erS "'rtht^a^r'tlre faithfully promised the said '"f den-al plaintij. 
 " o se'l and dispose of the said goods, wares and merchandises, for the said Incidental plaintiffs, at and 
 .' for the best prke and value he. the said incidental defendant could procure for the same and th,it ne 
 .' he said incid^^tal defendant si;ould account for, and pay the rnonies aris,,,. rou. the said sale of the 
 " s!fd goods wares and merchandises to the said incidental plaintiffs when Ije the sa.d innden.a 
 « defendant should be thereunto afterwards requested ; yet he, the said incidental defendan , aUloug 
 « often reuuested, hath not rendered a reasonable account of the premises or any part thereof, but 
 " SheroTah efused, and still doth refuse to render the same. To the dam.se ot the said inci- 
 " dental plain iffs of £3,000, of lawful current money aforesaid. And the said mc.denta plaintitls <io 
 .' all ge anTaver thafthe principal action of him, the said incidental defendant, against the sa.dinc,. 
 " denfal plaintiffs In this cause, is brought for the recovery of certain hire or wages which he the sa d 
 " inc naldefendant in and by hi, declaration in this cause filed, alleges and pretends to be due unto 
 " Za?wbichsa-"d hire or wages are claimed and demanded for and by reason of the work and 
 " 1 .^oV Mre aS^diTigence „ him the said incidental defendant, used and employed about the seling 
 •« and disprsing of he aforesaid goods, wares and merchandises, and managing the aforesaid retail store 
 '. or sho^fo he said nc dental plaintiffs, and thatthis present incidental action uiid f rt,! L^^Tf 
 '. the safd incidental plaintiffs, arises out of the same source a, the principal action and deinande of 
 " him the said incidental defendant in this cause." 
 
 The appellant, pray in consequence:— 
 
 .« That for the causes aforesaid, the said incidental defendant may be adjudged and comlemne.l 
 " to make and render under oath, to the said incidental plaintiffs, a true, faithtul and exact account ot 
 » luand every the goods, ware, and merchandise, which have come, or ought to have come mo his 
 " nossession custody or power a, aforesaid, and of his care and management hereof, and of his n>a- 
 .« Saffemn?orthe aforesaid retail store or shop, and generally of all and singular the concerns and pre- 
 » mies of which he the said incidental defendant hath had the care and managemeut as aforesaid, and 
 " To produce popervouchers in support thereof, and in default of a compliance o the premises or ai^' 
 " nartXreof^thathe the said incidental defendant be adjuged and condemned to pay and satisfy *o 
 " fhe slid iSeiUal plaintiffs, the aforesaid sum of £3.000, lawful current money aforesaid, with legal 
 " interest and costs of suit." 
 
 The respondent joined issue, by filing a general .eplication to the plea of general issue, and a ge- 
 neral answer to the peremptory exception. 
 
 To the incidentM demand he pleaded a plea of general issue, and also a peremptory exception, 
 
 settini firth that w en he entered into the service of the appellants, and wa, placed to aid and assist 
 
 none^ofth^is"re under the superintendence of an agent and foreman having the gestion and t^re 
 
 of thedfferentSCs^^^^^^^^^^^ the appellants in the County of Rimouski, no list or inventory of the 
 
 01 tne ainereni posts or ""'^ comoosed the shop o' store where the respondent was placed, and 
 
 ITos^relrofth^bln^^^^^^^^^^ "'" '''K^'^'"' "■ 
 
 no statement of the f*" '""%°* '"^ f/, P°"f..,„ .he time he so entered until the month of November, 
 
 "sTs^Vhe^n^'^wL^d^stSg^Vf r ^s:rS^:;U^^^^^^^^^ cause , and that thereupon the appellant, 
 remained in posression of all the merchandise and effects, whereo neither then nor since any list or 
 nTentory was made eUhr with or in presence of the said respondent , and moreover ha the books of 
 account of the said store were retained by, and left in the possession of the said appellants. 
 
 Issue being completed upon these last mentioned pleadings, the parties proceeded to examine wit- 
 nesses whose d!po,Xs were taken upon and are common to both demands. S>ome of the witnesse 
 were exited in open Court, others under a Commission addressed to a Commission named for that 
 
 purpose. 
 
 Oathepartof the respondent were examined, Daniel Brownson, uncle of the respondent, and 
 Wii'iam Dawson, janior. 
 
 On the part of the appellants were examined under the commission, Godfroy Raimond, of Rivitre 
 
 I 1 
 
 V 
 
 A 
 
A 
 
 itu Loup, Giiillnume ItnimnniJ, of the siime pari^li, Denis M;mj;ire of Metis, culler, Maurice \\':il-h 
 of Metis, mill-wrlght, Ueiioui I'eltier of St. Luce, in the county of Kiinuuaki, joiner, Miij,!cir.' 
 Cameron of St. Luce nforesiiid, John Geort^e McKenzie of Metis gentleman, Fran(;ois ronllim, ut 
 St. Luce aforesaid, farmer, John Shaw of Kiniouski, culler, and John McKinnon of Uiniouski. ;,'-!i. 
 tlenian ; at (iuebec were examined Franklin John iJardner, master of the shi]) Itesolution, William 
 Dawson, junior, gentleman, James Heney and Thomas Heney, labourers, and Hector 'I'urnlndl ot 
 Quebec, gentleman. 
 
 It appears from the deposition of DunM Drownson, ihixt he is the uncle of the respondent, bad 
 been in the service of the appellants and dismissed therefrom about the same time that the respondent 
 was dismissed, and had an action pending against the appellants at the time of bis examination, lie 
 ■states that the respondent entered into the service of the ai>peUants, on or about the l'2tb of September, 
 1H3I, when the following letter was written by the witness under the authority of the appellants to the 
 respondent :— 
 
 " RiMoi'SKY, 12 Sfpt. 1931. 
 
 " Andrew B. Brownson, 
 
 <• Sitt — This is merely to state the nature of our agreement with you. We agree to pay yon one 
 
 " hundred and twenty pounds currency, per annum, commencing from this day, and all your 
 
 " lawful expenses when in the execution of our business. We shall expect your most zealous 
 
 attention in overseeing and conducting our business to the best advantage to the extent of your 
 
 " abilities. — Yours, &c. 
 
 " Wm. Price & Co. 
 
 " per D. 13B0WN80N." 
 
 The respondent, this witness says, remained in the service until or about the 9th of November, 
 1833, when he was discharged from the appellants' service by the witness, in consequence of 
 orders to that effect received from Mr. Price, one of the appellants. The respondent after having 
 been tirst employed in the chanlkrs to superintend the men in the bush, to explore the woods, and to 
 receive the logs from the contractors as they came to be delivered on the river side, for the space of 
 about seven months, and having been next employed to attend at the mills at Metis, and to superintend 
 the convejing of the logs down to Metis, for the sawing of them there, for the space of about five 
 months, and having been then again employed as above at the chantiers, for another space of seven 
 months, was lastly employed to attend upon the wharf at Metis, culling and shipping of deals, and 
 also the shipping of staves, and attended the store at Metis, and kept the accounts as well of the ship- 
 ping of deals and staves ns of the store. The witness states that it was about the first of June, 1B33, 
 the respondent was placed in the said store to take charge of it. That he has no knowledge of an 
 inventory being made at that time, but that he cannot say that no list was in fact then made, and 
 that an inventory was made at the time of his discharge, which inventory remained in the hands of 
 Mr. William Dawson, junior, the book-keeper of the establishment. That during the whole of the 
 time that the respondent remained in the service of the appellants, the witness had the superinten- 
 dence of the whole establishment in which the store is situated, but had nothing to do with the sales 
 therein, nor did he consider himself answerable for the store or the management of the ftore, in which 
 the respondent lived, and whereof he had the key which had been delivered to him by Denis Ma- 
 sjuire, who had been in charge of the store before the respondent too'' possession of it ; and from 
 whom the respondent received the goods in the store. 
 
 The Witness, fVilliam Daason, juntDr, in his examination on the par l of the Respondent, states 
 that he had been in the service of the appellants j his principal occupation being that of book-keeper, 
 and that at the time that the respondent left the appellants' employ, the apparent balance upon the 
 books in his favor was about s£60 ; but, upon his cross-examination, he adds that when this balance 
 was stated in the books the account between the respondent and the appellants had not been made 
 up, and it had not been ascertained whether there had been any deficiency in his account or in the 
 merchandise in the store. 
 
 The principal witness on the part of the appellants as well upon the demand in chief as upon the 
 incidental demand, was the before named IViUiam Daason, junior, who had been employed by the 
 appellants as their book-keeper at the establishments of Uimouski and of Metis, and whose duty it 
 became to settle the stock and accounts of the store at Metis, when the respondent was discharged 
 therefrom and the management transferred to another. His examination containing a narrative of the 
 whole transaction is here given at full length : — (No. 41 of record.) 
 
 " I entered the service of the defendants as theirclerk, on or about the second June, 1832, and have 
 remained in their employ ever since. Before I entered into the service of the defendants they had saw- 
 mills and a manufactory establishment for deals at Rimouski and another at Metis, they had also retail 
 stores at both these places ; these establishments and stores have been in operation since I entered the 
 defendants servic*. In the latter part of January, 1833, I was sent from Quebec to Rimouski and 
 Metis by the defendants to perform certain duties for them at both these places. My duty was to take 
 charge of the cash accounts and correspondence under the direction of the superintendant of both these 
 places. I orrived at Rimouski the latter part of January, and immediately upon my arrival, I entered 
 upon the discharge of my duty. The said Daniel Brownson was sole superintendant of the establish' 
 ment at Rimouski and Metis ; he kept house at Rimouski, but attended at the one place and the 
 other as chief manager. The distance between these two places is between twenty-six and thirty miles, 
 by the usual road along the beach. I remained at Rimouski and Metis nearly eleven months, my rest- 
 
img ot Ju.io, IH33, wall Diinicl Urow.iso.,, down to Ihu time ofliis leavini; tliu .IcfenUiuiU' ciuiilnv . 
 the month ot November in tU.t year, on returning to Quebec. I urriveti «» QucS^ u ,on 1' i"[u 
 I tlie Wil, of December, 1833. The pluii.tiff wos in Quebec at tl.at time. 
 
 from Himousl*;. and Metis, on .... .,....„uer, lo^o. xnc piuuxin was in tjuebec at tliat tl»„. 
 
 li.e duty of the plaintiff from the full of lb3'2 up to th« spring of 1833 was tg up«ri„tcm the Me i^I 
 chamiers,tocuIl and receive the logsond to attend in the stor.whea required. tU.iTb u M "= m^l'" 
 o May, 1H33, he h^.l to take charge of the Metis store, to eull. to .hip? and to aslo h de s,'" . 
 
 (J ■?""" "^ •'"'. »'1'P"."="'' ""J "°f« ''""I's, and also of cash left him for to pay tl H ,. u er, 
 ««(j/i(H»— dtale imrt I'll nr V ii luh.-ij .^nr.^^, «!,„=. -» i .!...: .- . ,. .' ' '">- "loourers. 
 
 ««,./,„,,_Staie particularly ii, what .n.tnner Vhese" sever'a'l duties" wVrV"peVforn'w'lVIhe''Siiff 
 
 » you were at liimousk. .„.. .««,io, air uuv«; lucuwuncu in me euipiov ot the ilefaiwimw. i 
 ^«,«.r_Dur.ng the whole of the time that I was there the plaintiff behavj^l in a very caSei ,- 
 bud manner. Shortly after my arrival I found th,t he had kept U.e account of the lo Jin , verv T, 
 m:inner, two men m particular I found he had over paid, which sum was never recovered by the defenda,. . 
 Ho was IP the habit very frequently ot absenting himself from the buHines,. in the business^^^^^^^^ 
 or the purpose ot shooting and other amusements. He placed in the defendants' store it Me is a num ' 
 w?, t TT rf ^"'•/'"'='' "« ''>'i '? '"ei' l«'>''»rers, stopping the payment from their wage".' J 
 W.13 in the hobit also of entrusting the key of the Metis store to a female who resided with hiin n I ,. 
 house, in the capacity of house-keeper. After his discharge wJ.en I demanded U.e key of "h." lor! 
 from him, he had to obt,un it from this female, in order to give to me He sent the deals off lo the vesle ! 
 in a very careless and bad manner. I have seen bateaux lo.uled with deals by the men upon the wtmr • 
 the account ot which was taken by one of those labourers, and sept off to the vewcls vdthout 1^; 
 seeing tljem. Whilst one of the vessels, Jane, was taking on her deck load, I went on bZd tI 
 captaiii, Digby, complained to me of the quality of the deals along side : upon inspection I fo./nfl 
 severa bad culls in the bateau, which I requested the captain to *,end on sLre ajaii, b'ut whS 
 he plain iff had shipped as second quality deals. The far greater part of the deal, ,verj not cul ed 
 by himself, but by an Irish labourer upon the wharf. About September, 1833, a iewellor went 
 down with articles for sale, from Quebec to Metis; whilst there he boarded with the Vlai„,iff a"d 
 sold several articles to our labourer, at the mills, which the plaintiff paid him and passed to the dehk 
 ot Oiose men, which brought some of them Into debt. The pro.Uion, which he hadi« hi» house beloiwed 
 solely to the defendants ; the aforewid jeweller mi^de the plaiutiff a present of a silver w,tch^uMd 
 for the trouble he had taken. After tho Harriet, (ceptaio lock) was cleaiedand sailed from S 
 the plaintiff entered in his Meti, cash-book a sum which he said he imU paid for butter for the IforL 
 said captain, which I was compelled to pl»ce to tl)« debit of the said eapUin, which suin the defanrf.ni.' 
 have not yet recovered. The plaintiff got two or three smaU pig,, whiUt 1 was there, which pi«we,« 
 ted with the defendant,' provisions, those he afterwards killed, and charged in the bwk, as pork bouaht 
 at the cuirent price. Question-WliAi was the nat«J9 and value of the goods which the plaintiff during 
 the time you were so at RimouskI aod Metis, merchandized for (b« defendanU ia their store at Meti.^ 
 you meutioued above ? J,^wer-Pork, Bour, sugar, tea, toU»c«o, rum, with various ttrtic'ea of'clothes 
 suitable for the habitants and labourers, also oloaped knives. <?«esJio»,— When did the plaintiff leovrthe 
 defendants' service at Meti^, and was there any and what inventory taken of the goods left by him in the siu.l 
 btore.and by whom ? ^wrujer -The plaintiff left the defendants' service on or aboui the 9th November 
 1833. There was an inventory taken of the goods (hen in the alore, Ly the 8U4JerintendaQt,Ua«Jel Urown! 
 son iind Mr. John Shaw. QucsHw-Wm there any and what deficiency apparent at the said inventory 
 made ? yinsioer— When I made up the 8tor« account, I found a serious deficiency of about forty.one barrels 
 of pork, and ninefy.three b.irrels of flour, not accounted for. QueUion—b'tom what materials did vou 
 make up the said account? Answer— In the first place, I ascertained from the sales book's at KL- 
 inouski the quantity of goods. &c. sent down to Metis, next I took the account of the whole of the 
 sales made at Metis during the time that I was there, to which I added the aforesaid stock on hand at 
 Metis, and by subtracting th« one f.-om the other, 1 found the foregoing deficiency. «iie«/«>«— What 
 was the value of the aforesaid pork and flour at Metis ? .<rH«wer,..About three huodretl uouuds 
 Question-^.HnMe you ary knowledge of the plaintiff troding in furs whilst he was so ot Metis ' 
 ^(isu,er-..Duriiig the winter that 1 was there the plointiff purchased it quantity of furs from the In 
 dians, those turs he sent to Quebec by Denis McGuire, for sale, in the early part of March 1833 
 Question— Hive you any and what knowledge of the sending of pork and flour to the plaintiff from tC 
 defendants' store at Uimouski, to be disposed of by the plaintiff at their stores at Metis ' /inswer ' I 
 saw a great part of it sent down myself. Qa«slion—HM\ you anv and what conversation with 'the 
 plaintiff, or did you ask hira any explanation respecting the before mentioned deficiency in the fortv 
 barrels of pork and ninety-three barrels of flour which you have spoken about. .dl»i«u;«-— As soon 
 as I discovered the deficiency I asked the plaintiff if he could in any way account for it ; he replied he 
 .ould not. I pointed out to him the quantity of pork and flour sent dowo ffoni November, 18S2 up to 
 the time of the discharge of the plaintiff, to which I added the stock taken in November, 183'i and 
 showed him how much was sold at the Metis store, and what had been delivered to our ihaiitiers and 
 other part, of the establishments. I then showed him the deduction of the one from the other, » hich left 
 the deficiency before stated ; he acknowledged the correctness of my account, hpt said that he could 
 not by any means account for the deficiency i «uts(io«...Did the butiuess of the defendants suffer at 
 Metis, and if so how and to what extent, by the plaintiff absenting himself from his duly as you stated 
 in the fore port of this your examination ? .ifnwrer—l have frequently gone down to Metis when the 
 plaintiff was absent, when people have come to purchase goods from the store, which they could not 
 obtain there, owing to his absence, and had to purchase elsewhere, to the evident injury of the defcn- 
 dants ; once in the business part of the season, he took a great quantity of old clothes up to the" 
 Metis mills, which he raflied for amongst the labourers, stopping the payment for the same from their 
 wages ( thus not only loosing his own time, but causing the labourers of the defendants to loose theirs 
 also ; he was also in the habit of purchasing guns anil other articles at a low rate, which he afterwards 
 sold to the defendants' labourers aod the habitants. 
 
 '^ 
 
.he plairtiir, post „a, ,[ M.,!, (he wl ^^0^ ,| e ,imc tie H ''" 7 """'""' "■''"=^'''' "' 
 
 niik« from whiTc I rcsi.lr.l I , .nnol .,0 iiiv .1! . . ' . '"'" "'" "''""' '*»<'"'y-'i« or IhirCy 
 
 ..ef.n.,.,,. employ, a„J 'l „!.•,:; l^.^S ^ Zr^lS'^l^L^"! ^ir^"' '" ''" 
 
 plaM.liir look possession of (he slore I I •, I V» s . ' f ""'^'"hnient.s told mc. lUfore thu 
 
 of the state of Ihe slo.e ut that period. I have not anJ Unl -. I T possession, 1 am not a«a,c 
 h;..... heioK take.,. „...„ the plaiU.nook Vo sc^ „^', 7t . 7a 'l^re"' Whe"..".;'"^"' nr «'""","" 
 < liar^ed from the service of the defr.ida its an ■■„..„.„!„ Jf T . .f" "'" I''"'"''" «»» I'is- 
 
 Daniel H.owns..,, and John Sh,.., my e ;,,co ,00k eool If'.h"'"'' n'" "" ''"'"'' ""' '"'^-" "^ 
 
 the orisinni in the possession of John Shaw, on of tl e cnll, r.'7„ ?1 '""^ 'r?^"^ '"^'^'^ ''"'' '"" 
 
 .he plain.ilf vas ,liL.har«ed f,om ,.,e Jrv"'e T, ij c , Jo , "[r^ , '"f •"'f'""'-'.". -•'- 
 "aid store, l,y Daniel Hn.»ns«n. Tiiv l...<,ks l,elo.,Wnroh„\ •,''** ""' ''"' '" P"«"sion of (he 
 
 has not had those books in his possession sinee '11,!.^ , 1 • k , ^^ '"■'''^'- ^ '"= P'^'i'tilF 
 
 labonrers, mentioned in my exa /io^ j Vine ^.s aT« ^ <he plai..,i.r overpaid the two 
 
 .ed«e of .„e eni.ing of (in.lL, sullicienr.o s;a,e";,L "d Ue 7 i'.'iTs •^^t' "dea ,""/ ^s^d';--" T^* 
 
 .0 Metis generally e»ery month, (o dike a s(-,t,.m,.Mt ,.f •!, 'l""! "is 01 uials. I used to jjo down 
 them in the prii^^ipal 'books helon,: ^ ,0 ^ :b H ' m^" '" ""ler that I mi.ht place 
 
 sale, made to habitans nnd labourer^ ami also of deli ie, of' ^oo^h ," tuTT TTV^ "^ "•" 
 account of cash which the plaintitV had disbursed for he defen la^iU Vh "" "'"' "''" = "'"' "" 
 chief, my knowledge of the duties which (he iddnt If har „ f '",'">' '""■"""""i"" i" 
 
 Brownson From fny own personal knowledge ^ 'la 'oft^e'pli^^ 'l^rivad fro,,, Daniel 
 purpose of shooting and other amusements, but ca.inot »L low far h Zm .0 / '' '""T"' '"' ""= 
 absent upon such excursions less than one hundred times some tlThoi, ''''""'; '"= ""' "■" 
 
 other times not so long. When the i.l dntift- w., «„ i„?f fu T / , ^''^ "'"'"' =» *^''"l'-' d-'y, at 
 there were some of ,ho e ar.ides 1 e or" al ha „,1 t°T "■- ''f'^"''''""' ^"re, boo.sand shoes 
 that the plaintiff had possession of ,1 .e'LTa.l ^Ct^ai^ ^ t' '"" ^-'-' 
 
 and labourers, and also to deliver pork, flour, wth Xr ^„n -.^^ . T'*' '? ""' •'"''"'"•» 
 and wharf, when required for th'e ,^„rZ o he abo'ura" 'xh^ere „""''^r '' ^■'"= """ 
 to fifty persons employed in the establishment, a that t mt' . thl '^ from forty-fi.e 
 
 pork for the labourers might bo about four hundred an I c.i,"L ' . "'"?*'^ consumption of 
 
 of Hour that may have been used for "ho ^1,0^,^ . Me t ^F '^ f P" *«k, us .0 the quantity 
 however, provided with bread as v,el a, '^k Af er n v V/t T ''° •""''^ ''""-"' "'^y '^'^'l 
 .old the plaintiff (hat he had sent cull ii tl ba.leau m. it . e"./'°'". *"","» ,"■' ''"« J'»'"'» » 
 )u.e.l with him upon this subjee. ; he (old m.^ th.U 1 ^:^^l^'^^:rt:i;'S t'"' """ "^P"'"' 
 only to h.m, and that I had no nghl to trouble my head about snrl. ZhI' i ^ '''*' ''""""table 
 
 charge „f the plain.ilf, complaiifl..! of him to . J . e Inda," bu I rSnteVr' ''"■"''"' '"''"= •*"" 
 Brownsonat rfiflVrent time., and invariably received Lra „,.;.. T •"' '^""''"'^t to Daniel 
 
 to do with It. The eniry in'. he Me.ica/h book ,owli hi ',,,'',''•'' ""' TT' "'"' ^ ^'"^ """""S 
 ing the Captain of .he Harriet, was made after the ."sre ,',1 "o^ ".'. "'^ ''"'' examination, respect- 
 fifteen shillings. The -I vhich he L.a*e to 1 , ,.!! 1 , . ^ "'' "'"""" ""' "^out one pound 
 bestof mykLwIed,.,. •aps'i';^^^:^^! J l^'^'S^r'^vK? "r'^*^? ^f' '" '"« 
 o.her provision, were. 1 know from :ny own personal know di tl a h^ / ?" , """', ^'"" •''°"' 
 mouski books against the Metis store was correct S^meiil .h ^ /^ '''"8*'' i" ihe Ri- 
 
 Himouski by the schooner of the establishment at lerre^rab^LT^^^^^^^ 
 deemed expedient by (he superintcndant. The people who nnkH,. .i ^ ''■'"' ^^ '"'"' "' "" 
 
 plaintifl- had charge of the s.lire, brought up recei^p.s' or he ddivery trX''' Th""« '''■''"'' *"« 
 signed by the plaintiff or by some other person whom he em Scl so oZ Iff ?' '''f'P'^^^o 
 knowledge, empowered any particular person to si.n such receinrs Thp . r -i'-iv I , ' "° '""=' '" ""V 
 the summer time to eo to the mills at Metis I 1 tv,. nn , "^ 1', f f''""<'T''ad sometimes during 
 .nan, I allude.l to in ^ny chief ™' ion Jo L i 'th 'pi di, tiff ^^l^'^'S^ -''o -'.ployed the Irish? 
 ex„n„>,er/. fJuestion.J^How <Iid it happen tluu ere tr^'^f'? :''.L^;'''"&. "/'h-^ deals. Re. 
 
 not have 
 wished to 
 
 . Question.-How <lid it happen th:, here vverVnrshoe^n tL',r'"^.M '*?' ''*'''''■ ^'^ 
 been procured from Ui.nouski ? Answer.-Thcre were none at R?^' «' Metis, might they 
 . write for a supply from Quebec, but was prcvcmrbrDant^l Wntn"' ""' """'' ' 
 
 .he .S':? SvTmber.^Safb; ^^£: ^Sl^ be Z^f'T^.T 5"' ''' '^ '"^ "PP«'-" on 
 .he account of the defi'ciency'as'trantmUtrd'lf th^e" pp I s Sw'i ( b fo"nd''und"^f V'""""'' 
 record; and upon being interrogated in conclusion, at what tUne it was the ,pf ," ''' ^"^ "'' "^ 
 Quebec, and whether he ever came to or shewed h mself at thl otr,, f.u '"P"'"''-''" returned <o 
 the witness answers that the respon.lent returneH to olebee if L "'' "??«»""'« "^f'^' his retu. n, 
 never at any time presented himsV at the Se of the^^^^^^^^^ "^ ""* "''«"' "^^ '".t h^ 
 
 The remaining witnesses examined at Quebec were Franliin T^i... r- • 1 
 Resolution, and James Ilcney and Thomas Ilency Oairdner, mate of the ship 
 
uar, a I .' "'"/V "'■ ''''"" '" ''"*""' "' ''''•''- ''* ^''^"« '""' "'""""'ki. i" each of four precedina 
 i ;'? p ""'? •"V"" '" •' '^"«" """•• "" '''^ "f^'' "•y'"?'' therefrom. Ho wa. with hii .Mu at 
 M.iH«n,l ll.n.ouski ll.t. latter cn.l of AuR.,t a,>,| the whole of September of the yiar 1833 t.kln. 
 
 or he a .pellan , wh:.rf and store ut Metis, whilst he waMo there In 1833, and had al.a the ch.rfe 
 . ; t^^^^^^^^^^^ ''?" -hich «ere then put on board hi, ve,.e'l. That tl.ele .ere mj- 
 
 Zn.im!^ ' • ^ "jM'on'I'-'it wa, not punctual in his attendance, .omctlme. pleaiurlng in boats 
 
 OH rtheTu".^^ ; ' '"'.'"r' ■""' 'm''^ "" '^"'"' °^ ""P'' """'■•« "•« important dSty of a .' 
 
 l"e dl mL[. t -V""* '"»';•""■'. «ho hud lately arrived in the country, and «a. lncom|.etoDt to 
 
 nie (juty. Wimes, had applied for Hroccrica at the store, when the respondent told him that there 
 
 radTo'::;.:"'""'*'''' "'"• -"•-•S-^ne. at Himou.ki, with nhich ho mijh. ha,e Applied himself f(t 
 
 n.»r^''n'**'' *!".""'"' ."''""" '""' '''""""* Ifc,mj,v,f,fi employed, the former as culler, and the latter 
 nsar, ordinary labourer in shipping deals at Metis, and establish the negligent inannri. which hi 
 portion ot the respondent's duty was performed. ^ " ' 
 
 McK^Lr^ ,' * " ^.""'T'' ''"'"* ^'"'^' McKenzL; Paul lies, John Shaw and John 
 McAm«o,,, witnesses examined under the ComniissioM, all concur in stating tliat tlie respondent waj 
 .n charge of the More of the appellant, at Meti., contluning for sale, porS, flour, pea'Teat her o^ 
 
 1 «7oTT J l'^"«'-;'l=.-n"J kept the hool., of the store. (See the answcu of the several mi. 
 
 he 151. fr 90 , /m ""f "f """ V' 'H} ^'"■' "-■^l"""''-'"' '""' '-''"ge of this store from aZt 
 the Sth or 20th of May, to the month of November, in the ,ear 1H33, Mucuire who had been 
 
 which he Maguire, had tlien on hand. The appellants were in tile practice of enter- 
 ng -nto Inrp contracts for the cutting of saw-logs, as well at Metis as at Rimouski the 
 
 ndZcontictofs^'f', "''*-'•''''' "-'>■»''"-""" "'Ks' (um.ersio Cth unU rlh £Zg2ieT) 
 an<l the contractors and labourers w;re supplied out of tlie stores of the appellants at Meti« onll 
 
 "'"ow^faeZn.' "';':. ^"""T '," ""!!'. ".'"-"*'"-!'•) '^•'^ -'P"nden, carr/e'd on trade at Metis S 
 GeoZ M.T ^fi7'VV'"' 0"' '"'^""^'""^y "/ Go,//r«y RaymoHit, Denh Maguire, John 
 
 dent-fahlf '".•"' T ; '" '^'^'""T^ The evidence already adverted L, in relation to the respon- 
 dent s absence from his duty is corroborated by Godfroy Hay.nond, Denis Maguire. Edouard I'quet 
 
 Eogato^;.'""""' "'°"" ^'"""e" '^'=^'="''-'' ■""• ''"'"' ^'^•K""'"", inlhfir answers to the S 
 
 onth V'eV'T'^^ T,"" ''^"'■'' "''"". •'""' demands in the month of June last, and the Court below on the 
 nt Jl'i-iA ' 1"°"'.'"''^'='' judgment against the appellants, on the demand in chief for the sum 
 
 m,^ J,, currency, -vm> interest from the 15th of March, 1834, and dismissed the incidenUl de" 
 niand, with costs against the appellants. ">.i"<:iim»i i.e. 
 
 ,„„, ^' '^ ni'I'arcnt that tlie effect of this judgment would be to relieve the respondent from nil thr 
 
 o?" raZTi:.;;""^ *;T ^r '"^"e^f ^ '^"'' •-'»-'"'-' '•""■>« "- ti-^e that lle was in Te s v e 
 of he appellants, and to deprive the appellants of all recourse against him for the conse.iuer es of 
 whi h r"K' "f '""^^l'«^t-»'-'yf- the value of the property place.l in hiXn s,lTfo 
 
 Sti w^nr~3 ti^t 1^: 3r chie^Soiir: tr^.::. :u« 
 
 Dated, Sth November, 1835. 
 
 STUART & BLACK, 
 
 For Appellants.