IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ■ 50 i^"^" R^^H H^ lig 12.0 IL25 1 1.4 L8 E^ V] /Q 7. I PnotogiBphic Sdences Corporation \.,''- •'■^ >As a Sul^'ect, 1 share cquaUrj 'tcilhrfou in«very benefit whicKyout wisdom bestows, and whilst to the Common Stock of Happiness i am desirous ofstibsciibing wy'Mite.you will fully sympathize with roe in the difficulty of Uie undertaking, and in (hejust appreciation of my endcavourft not leave meto regret the iniscon»truction ot my motives.. T'^rw.fri ■■-'•'--' ••'■ • ■•••■• • : If in tlielenity of youf dWn feeling;s van should tliink mine have ■beenloo much exciled, and tliat my 'Pon has taken -too bold an aim in apparently dictating, 1 entreatyou to knpute such errors ;oolyy ^he zyal for the cause .1 am. advocatiiis:.. ,. . - il ':S": ^'^^'k'^'j-'i '• '"■■ •'-■.■••• :i'',';i-' ;■■"'•" ^^r- T --••-^^-:^fT-::;.;-,. ; ^pf^'^His fei^tio«cy1<^p^eihfcsit;and. scarcely.;^ ■most prodigal and superfluous aptjlicationpf money in the admini*- :2>- ^ .. «i^tion bfil^?!:^^i^.^:^^' > ■'^ : f;;-- - --^- ^^^-^^^ :»- -- ^^^ ■ -^.^-fe-^ The firirtpcrfectly VrinoJeand imconnected, for flic Records' of Cotirls refute any s'uch j)ositi» It can not be imagined that in the dcvelopuent of this subject,- ceremonious or partial iiivestigation will either abridge ^hc ^lount,; or prescribetbe remedy. A strict adherence totrut^i, thrisughwhich* •alone thrsienquiry can^bo conducted or the abiises be displayed, though <*iinay ^-devote the Wfik-r to thcllcseimuent of the angry or IhejrDwer-t :Sf-:r..fK, ■ Ui.; ■ .^WS^ ,» It.*-. , '■^ ;l: •■-3^ ■.;. iiVi-ip . •.■,'■* V*- .#^- c* fiil,Caii(loiir will acquit liim of Political Rancor, or Personal animosl ty. The unsparing- hand of the Siiri:^(M)iiii:(;urs no charge of want o feeling, though he cut deeper than the wound in the hope ofoflectini a cure. By a siniihir process I shall endeavour to point out jjow th( ahuscs originate and how most salutarily to apply the remedy, an( whilst in the discharge of a duty 1 fear no man's resentment, Jaslin" regret would accompany the desert of it. ' *^ By a defect in the Law I do not mean thatthe suhjcct lo«es hi- pights, or that the Prerogatives of the Crown are either oppressive ot overstrained, nor in the extravagant expenccs attending the admin- stration of Justice, do I mean to infer that the Judges fhemselves arc overpaid. Neither is the fact. • • The defect in the Law is perhaps principally to be attributed to the want of Inferior Courts of Justice, to the limited number of those already established, and to the unprecrdaited distance over xehich thaj extend. However we may venerate the n;tme of Justice, some parts of this Province enjoy it only in idea, nor can thcv derive anv of tho solid advantages of it, without the most expensive journev "of from 120 to 250 Miles in the pursuit of it. With such dillicullies to en- counter, the negotiations of Trade arc embarrass'd or limited to the necessity of minor dealings, the creditor loses hisconlidcnce or his claioi, and the Law sutlers violation with impunity. However impartiallyjustice may have been administer'd upon i\xc present system, it will not be denied that the system itsilf admits of Improvement, and though experience may dread any innovation upon establr*h«t custom, yet retrenchment may meei»tMoit lavourabie re- ception. * ....... I . ■ ... I think I am in unison with the sentiments of your Honorable House when I assert, that the number of Judges at present nnploy'd is not oidymore than the administration of Justice requires, but like- wise more than the Revenue ivill support. The first Act of George the Third that rendered the Judges in- dependent, though an unfading wreath to His Memory, is Willi ti.e number of our Judges attended with more than ordinary expcnce. .. The cumbrous appendage of Eleven Judge." which the present system has entailed upon us, and with which tli; Province is oxer-, whelmed, renders their Independence and their number if derived from the Revenue of the Country not only uncontroulable but im- possible. - If there were as many Courts and Circuits in this Cnuntrv as the Province requires, and as there are in England France and o- ther Countries, and the Judges in proportion to what they now are, the Revenue of the Province six times over (acconiing to the pre- sent system,) could not pay the administration of Justice. With the Improvement ofthis Colony the Trial by Jury may probably be more generally extendvd, and where Lands axe held in free and common soccage, -wholly adopted. I am fully aware tliat in many suits trial by Jury may beohjcctio- n^ble, and perhaps iu all where they have the appearance of a case i« cg/«7;ir, but in ail actions of assumpsit or the ordinary causes of a Court whether betxveen Merchants or not, trial !)y Jury ni:"-lit not im- properly be at the opionof cither pai ly. Without arraigning or i u- aricor, or Personal animosl- i'.(!urs no cluirge of want of mid in the hope ofoflcctinj;^ avour to point ontliow tho to apj)ly tlie remedy, and man's resenlmcnt, Jaslin^ that the suhj:et hues his \vn are either oppressive or lees Jittcudiny; the admin- Ihc Judges themselves urc iicipally to be attributed to e limited number of those d distance over xvhicli liny ime of Justice, some parts .•an they derive any of tijo X pensive journey of from ilhsuch dillicullies to cn- Mrrass'd or limited to the OSes bisconlidcnee or his mpunity. e been administer'd upon ; the si^stem itself admits of Jreadany innovation upon ineeiit-ttioi-e iavourabie rc- nents of your Honorable idges at present employ'd fustice rcquins, but like- it rendered the Judges in- His Memory, is wiili ti.e than ordinary ex pence. ndge? which the present b th. Province is o\er-<. their number if derived unconlroulable but im- Miits In this Country as England France and o- )n to what they now are, (acconiing to the pre- ion ofJublice. the Trial by Jury may ere Lands axe held in free 1 by Jury may beohjectio- he appearaace of a case lie ordinary causes of a Iby Jury ni:j;lit not ini- itliout arraigning or iu- tendinjjto arMiLni in Il>^ snui-liesJ dcL^r.-'c the Honor and Jimfire t\f lire Jiidf"-, Civil Liherlv rannol be loo Jcfiloiis or v.alchfiil of lln ir power. Thellii^hls of Persons have ever been fouiul us f.fifc in i'rie hands ofnJiirif as tiiey have been intlie //c/;/'/,v of a Jmhze and in nri- ny cases .wffnrd iinirli le^s. A n arbitrary Monarch is not so dance rous as an arbitrary Jiidije. J.iuu-s t!ie '2o'd. wan iicillitr so oljnoximis ordanjrerous as; hi* Jiidn-e JcllVovs.tind while pirv draws l!ie\e I over the errors of tlie King, deleitation execrales. llie neiiiorv of h;s san- guinary adviser. ' * It is scarrelv to be ere;iitcJ lint aPiMvinre co-itainino- only tsv) CUies undone Market-Town, maintains Hicven J:nijrf.s.* whiUt all Eiig-iand, exchiMveof the Lord Gliancellur, contains U!) more • ami thrtt the s^iUu'v of the Eleven- Ju.l^-s is m.)re ihii.i oiw eijr'htii part of its \vlj(.l4i Reveniu', ^Vere this fact to stand fiione anduilL other records of this counlrv to be destroveJ, the Historian wo-i'ld ascertain as satisfactorily as from Chronicles, tliat the Cohmv must have been the ollspring of some liberal Government, nor would he fur a niomeut ascribe such profusion to its own resoi:rces. If the Civil Code of France is to be the Civil Law of Lower Canada, and Eleven Judges must he maintained to administer it the Revenue of the Provii:ce cannot alioid it, unless iudeed the model be adopted in all ils uniformity, keeping the relative situation of tiic Sovereign and the People the same, and whilst the people on oi'ie hand regale IheiiK-elves with a Jury of Ji.d-es, that the Revenue oa the other hand sii.iilbeas little embarrassed by the supernumerary pa-' rade of them. The salary of a Judge in France arises out of the proceedings <.faJu;Xoi Uen top Crown Fros<-cutions 2, o()0 And the.Shenirb of Quebec and MiUitieal g OOC. making together the sum. of Jj' ^6 69*1 St"- nearly Hvesi-vths of the whole amouut.. ' ** It is self evident that if any abuses exist, or anv reduction is to beeiTected, the field of operation is here, and itiiU'ords more than or- dinary opportunitji. h\ the Investigation, of the lirst $um it wii! be useless to enquire by what nion Fleas, any action above ;£■ lOStg. must be triedin the Court of , King's Bench; and if their shou'd be any appeal from thence, it can -Tonly "be carried to a superior Court, which is t heCourt of appeals, or if this Courtcou'd be dispeni'd willi, to tlic .Legislative Council, ai 4hc House of Lords here. Tliis woirfd I fear bo ihrowtt^ ton mucli fluty upon t'^e Legis- lative Council, but if for example the Inferior Court of Common Pleas were establish'd at Quebec, Montreal, Three Rivers, and other >places upon the Circuit, llvree Judges wou'd be sufficient ; a King's jSench Court would perhaps (m7//7;«;//tT«.s^jr(/ at Quebec and Montreal with the Cbief Justice as Judge; thiswou'd render unnecessary Seven •Judges out of the Eleven, bcca-wse the appeals from tlic Conmion Pleas, wou'd ^e -carried to the Superior Courtof King's Bench, the ■^veiiiht therefore, of the greater portion of 4hc appeals would be upon the King's Bench, and the appeals from the Court of King's Benchaiight witl>€.ui0verburt4icning the Legislative Council be de- cided by them. This arrangcmctit would probably be as-condiK-ive tolhe gene- ral ends of justice as a separate Court of Appeals, and would save all -the expense of one. in either alto-natiw a great reduction might -safely take pla cA-\u the Court of Voni thence, it caa ?ourt of appeals, or islativc Council, ai y upon t'^e Le^i?- Court of Common e Rivers, and other ufficient ; a King's iiebec and Montreal • unnecessary Seven from t!ic Common King's Sench, the appeals would he le Court of King's ive Council be dc- diK-ive to the gene- , and would save all Mt reduction might in the other seveu, iafrjrtion of French cided by a majority ened in Quebec, iu Bench, causes have ajnrity be indisperi- surc it; and in jus- wl in every event t« Icrise, namely, two unless tire duties of y are at present. It jsticc of the King's and that the Chief iisne Judge resided therefore, in Qiic- al as associates here leas in Montreal, it bee. For the other at present held, for several years, and ; of Richmond, it rciiils, the Eastern, utlicient for each of t the names of two n, who will then sit t*ntin Upper Cana- eld in the Counties a year, as necessity ch so much contri>- •>.. I hulc« to the settlem^-'nt of a new C.tunfrv as the erection ofCourl- Houv's and the reguUr adininistralion of Liw. In some pirU of Upper-Caaada, and indeed in all the new settlemetiti of the UoileJ- States. the Court House and the Cliurch is the sinie building, aod while' Jiiiticc is considered as the lafe-guard of property, the err- , tainty of being able to obtain it holds out one of the principal induce- , mcnts for settlement, next to the quality of the soil, and even this is not always p^^ramount. .... , According to the present st/fttcm of paying so lir^^e a lum for tlic circuit money of the Judges, this object, however desirable or bene- ficial to the Priuince in g'Micral, could not he obtained But if ne- cessity point out the propriety of its adoption, prudence and econo- my ran xvithout ami injuni to the Judiies cuvtaW a gre;it part of this expense. If the charge of ^'73 Stg. or £H3 Cy. cnn fnr a moment: be imagined not to exceed the actual disbursements of a Jiidgs! going to Three- Rivers or Montreal, then indeed no saving can be ellectcu' But in a Country where travelling affords scarcely couvc:i:cn;:e, and where the Roads and Inns prevent the splendour of equipage, it ap- pears not a little unreasonable that the Keveaue shall incur a charge of i£S3 for a service on which one would imagine it would be rather didiultto expend 20. The grave Assembly whom Ihave the honor ofaddressing, will, per- , haps.readilyallo.vthatthedignityofjusticeis supported more bv con- duct than parade. ' A Judge ou«-ht to be reimbursed for the actual expenses of travelling but m) more: upon this plan the increase of Court Houses ai:d Courts in circuit, would not cost tlie Province more than the present circuit money amounts to, aiidrprobablv not half so much. Without incur- ring the charge of prolixity 1 have, perhaps, dilated as much on this part of the subject a.s the circumstance requires, at present. The next item that comes tinder observation is the sum of i"-2560 Stg. paid to the Attorney and Solicitor General for the Crowa pro- secutions. Two causes can alone accountfor the great amount of this charge,- the doable fees o' the two Crown Olfi-ers, and the /nuu// ^[rywur/.? upon which the prosecutions of the Crown are too frequently and perhaps unavoidably founded. Thouifh the defence of the Public morals requires the Prosecution of all Public otfences that are likely to endanger them, it docs not appear equally necessary that individual misery should be a too pro- fitable source of revenue to the Crown Officers, or that it is indispen- sable to the prosecution of guilt that they should to//i divide the spoils of one poor victim. Their jointefforts are not only perfectly nnnccnsani hut they are exlrava^-antly expensive to the Crown, nor is it likely that this sum will ever he lessened while it alFordssuch a very profitable employ- ment; by a reference to the first charge in the contingent accounts of these Oiiicers, this enormity will be better exemplified then by the most elaborate dissertation upon it. The Attorney General for prosecuting 17 Prisoners and drawing 38 Drfts. and copies of Indictments at the Criminal Courtof Mon- treal in March, IS 18, with an allowance for travelling expences of 45 Pounds stg. charges the Crown £ 240, 5. The Solicitor General for the same Pri-^ iSy. 13. soners and at the same Court Stg. ^ 4 JO, 3. .^478,0 H. C. The insignificant grounds, or charges in the Indictments are proved by the same reference, wliere 38 were either useless or thrown out bf the Grand Jury at an expense to the Crown of £\[5, 18 Stgor ^'128, 15.6 Hx. cy, this charge however has a rfMu/)/^»p«7i//o// the Crown not only suffers in the cl>argeof jf 128, 15 6. but it increases very greatly the contingent accouuU of the Sheriffs in the sums paid to witnesses &c, &c. There are two causes that greatly contribute to this excess, the Courteousness of the Police Magistrates in turning over every petty offender whose crime will admit the Possibility of constructiveguilt, or bear an i/irfi'c/aWc appearance, to iheCrowuOfticers for prosecution That my censure may not appear more harsh, than truth can jus- tify, amongst many other Indictments equally futile, was one brou"-ht before me as one of the Grand Jury for the last Criminal Court of Oyer and Terminer for Quebec, in which a Prisoner who had been in Jail for Two Months was indicted with all the " pomp and cir- " cumslaiice"ofarraignment for Stealing hco Fenni/ Rolls, imny ulUer instances equallv unimportant and to a t;rt'rt/ «um6fr were thrown out by the Grand Jury until the Crown Indictments became a standing Jest, and everyone thrown outreceived some smiling congratulation amongst us as the real economists of the Crown. This course however obnoxious to t!>e Crown Officers themselves is forced upon them, nor would they do th«ir duly to the public if they were less vigilant or less willing to act. I:icrcasing Jlie power of the sitting Magistrates, the Establishraentof Inferior and District Courtswhile in some degreecurbingtiiegrowthof crime, would ren- der this unpleasant duty, nut only less necessary but Jess expensive. Were the Law Officers upon the present system to do less every pettyoffenderwould escape until fraud deriving a-ssurance from impu- nity and hardening in guilt wouldbe terminated at last by fatalpunish- menl. TopreventlherecurrenceofsimiIarexce?ses,itmightnotbeunadvi- table perhaps to extend the powers of the Police Vlagistrates, if at present iiisufficient.that ihey may be enabled to deal niore smnmartj and less costly justice, this would likewise bAVc the do n hlc oper at ion of lcssenin,!i the conlingcncies of (he Ctoiku Officers and the Sheriffs. The local jurisdictipn of the Attorney and .Solicitor General might be separated too, with equal effect for every purpose ofjnstice and at the same time reduce half theexpence of it; Oiie Officer by resid- ing at Montreal (which indeed always was the arrangement heibrc the appointment of the present Solicitor General, )could conduct separately all the Crown Prosecutors of his own Disirict, at tlie expense only of his own fees, as well as if fij/ft were em ployed, the travelling expenses of both Officers to Montreal at the charge of £§•100 cy. would thereby hoenlirclvsav'd which J h I'/x- 7/rrrr amounts to i^40U. astravellingexpensps toMontreal,i^^dT!lree-Ki^»M•s. In tl;c number of Courts and circuits necessary lor the Province it would not only appear unrensotudde but inipussible that both Crown Olliceri should accompany one circuit. Though t'nis would no doubt very materially reduce the emolu- ments of the Crown Officers, it would be a vcpv essential savinsr to the Revenue, whiie Justice itself could hij no means be impcdtd. The whole Practice of the Bar between P.irty and Partv is open to tliem and the practice of the Crown though a puweri'ul; auxiliary' /lacr' WW' intended to constitute their chi;:f suj>nort. (lictments are proved ess or thrown oul by of XN5, 18 Stgor a double operntion Ihe 15 6, but it inrreascs riti's in the sums paid e to this excess, the ning over every petty of constructive guilt, hcers for prosecution , than truth can jus- itile, was one brought ist Criminal Court of •isoner who had been the " pomp and cir- nni/ Rolls, many other iber wore thrown out lis became a standing liling congratulation n Officers themselves diUy to the public if creasing Jhe power Inferjor and District of crime, would ren- but Jess expensive. stem to do less every assurance from impu- ittlaatby fatal punish- t might nolbennadvi- lice Vlagistrates, if at I deal more smnmartj c the double operation cers and the Sluriffs. icitor General might urpose of jus-ice and Oiie Officer by resid- e arrangement beibru ncral,)could conduct own Disirict, at the h were em ployed, the real at the charge of h ill tlic vrnr iimnonts l^'!l^ee-Ri^e^s. In tl;e he Province it would Lbolh Crown Olliceri V reduce the emoln- ^py essential savinsr to '((iisbe impcdtd. The Party is open to t'lem eri'ul; auxiliaj\ ' ncict- f - — ■''The duly is done, but the Revenue of the Crown OlTicerdoes not consist in the proi'il^i of the diitj/alune, it never perhaps consliluled one /t7///i part <»f the actual profits of his practice, perhaps a consider- able saving might be effected by giving the two Crown Officers, while resident or acting a fixed salary for all the busincbsof the Crown in lieu of all fees and travelling expenses. The next and last of tliis expensive establishment is tlie Continjrent accounts of the Sherilfs of Quebec and Monln-al, these char;:;c^"arlJ 80 iinmcdidtrltj the result of the other tu:o, that without an alteration i;i them nothing ca.i be obtained here. These charges though apparently great alTord iin profit to the SUC' riff>i themselves, they are tlw; coiiseijueiicc only of want of belter man- agement in the hightT dcpurlMienls in the Ailniini-'tration of Justice. These itenjs consist in the expense ofsupporting Prisoners, snhpte- naing, and the payment of witnesses, The expenses altendiiig the support of the Prisoners are verv much increased bv the distance be- tween oneJail delivery and another, which t.i!;e plane onlv twice a year, and the expense of the Witne-ses are increased by Wiej-reat dis- tance of the Courts thcmsflve!}, nor will tiiis ben«atfer of surprise wfien it is recollected that t!ie Criminal Jurisdiction ol'Qnchce extends Eas- terly above 200 milc&. and e\ery other Cciminal Ccitrt above lOO, The expense of a witness this distance is not a mitter of astonishment if it amount to £1* or ^15 as itsome times does, nor is itsingular if a subpfenai forsuch adistanceadd to it. tr/f/Vc the Criminal Courlsare only held twice a ijetir at Qiiehtc, Montreal and 'Ihrce-Hivcrs, ihe coiiiiugent accounts of the Sheriffs will ever form a prominent cliargein the ex- penses attending the administratiMn of Justice; and it isdilBcult to find any satisfactory reason, why in the two Cities of Quebec and Montreal, containing Sine Resident Judges that those Courts shou'd not have occurred ot'fener. For the Ciiy of L)ndon andthe County of Middlesex t!ie Criminal Courts are held every >S7,r IVeelts^ th& Culprits here are certainly not as many, nor in;Ieed are the fuiMi* that support them. Though it miglit not be necessarv to follow the- precedent altogeiher the example itself is not unworthy imitation, As far as regards the revenue the saving wou'd be immediate and effectual, nor wou'd it indeed be unin)portant. /,•/ n'ti\ij morid pnhtt ofviavit zeoidd be still more advautuiicons; Punishment is intended to awe bv the terror ot example, not to glut the vengeance of the Law. " The association of ideas is the cement which unites the "fabric of the human intenect.'" The ^mMsr the intervrJ bdxecn the punishoirnt 'ind the rriive the more lasting will be the two ideas of crime and puriishiuctit, Imprisonment /;cf;;r(tonviction is nat i-ntendcd as a pnin'shiiictit the shorter the period is Ihetefore before trul, the less will the innomit s:\^cr. Tl:c Marquis lieccaria sas, " Tlie " confinement of a Prisoner ought n.it to he clost-r than is reuuisitc " to prevent his flight or his co;;cealing the proofs of the crime, tx'.ni " the trial shouW be conducted with ail possible e:^pcdition. Can " there be a more cruel contrast than tliat between the ind(»lence of a Judge and the painful anxtetv ofllic accused: tl'.c citmforts. " and pleasures of an irisensi!)le >.I;:g!;,rral.! and the fiilli and miserv " of ihe Prisoner. The degree of the puriishnjeiit and t!)e corscqiien- "cesof a criaie ought to be so cnnliived as to have the gre-iiest |)os- " sible effict on otfiers, with the r<-ast po-sihlr p;iin to thi^ dclirrquent " If ihere beany s;»cicty in which this is not a riiiidu.nteutal principle, "it is an unlawful society ; for matikind bv tlicir union or!"-!n.alt,''2,^ , ^^^ sufji. 3 f.,r the Court of App--^^^^^^^^ Sl^. per. Annunu cienl would be a .sav.n|.- to tj>«.\ ?,' J\"^. Connnon Pleas at Qurbec The Proposal t .r the »"'^^;^2fr/l G. L^ ; 'rwoCnurt. Monlre il Three-Rivers »"« C^'" ,'^" .7^,';^, ,,,c where in the Client, in the E. stern T^>-^^^^'ro ?hr Mon.rca an if necessary at Three A^ilh a King's Bench ^4^".'=^'^" \\' J^ *^'u M Stl?. this arrange. Rivers would save the P'.«\'"^^„'^t^"«at is factory to the C.;,?,-^ andthe Jiar as any that P^':f"l"p2^Uy^ Council in Ihiscase would tiun of Justice ''^^'''''^'^- ^'^%„'tn '^^^^ of the House of Lords be the Highest Court ot Appeals,. n the nature ,,,r,j2or3 in Englan'd. The {^-^^.{fe t acZiUsufthelwoSheritlsof Tiinfiihv would save in ine v^onini^cm. jyiontiif,, 2^°"'" , ' , ^, . ,,„. ^ oQOO. per. Annum. Quebec & Montreal at least £ -"""> i , „ „ ,.. J- ,•„ nf ihe two Crown Officers each vrosecuti„s The Local . ""^diction of thetwo ^ro Annum. separately at their ^'^P/'^^'^/^" ^t .^^^'u r^d^ -^^^^'^ '" ^''''^'^ 'still further to fac.htate and to P -« «^^'-,^,^,^ ,„ „,,,,, i would parts of the provuice too dn.tan^ r n ^^^ ^.^.^^^ ^^^^ p^^^^.^^^,^ ^^^^^ follow the example of our o^n ;^ method as to ensure Counties, not nominal as at present buMn such a ^ ^^^^^^^ the administration o^^^f^^^.^" ^p ivince a a model and every follow the exampe oft^^^^'f ^^^^ea District Judge. This county or District ^l^o^^^Jf^^'^fif^uiAnl magistrate, of the Dis- Judge^sgenerally one ofthemostmtcll.^^^^ ^^^ ^ trictat a salary of ^ 1" P.^..' •',•.:„„ extends 30 or 40 miles and trial paid by tbe Utigants h.sjur s^^^^^^^^^^^ ^,,^ ,,,,tr for any sums above £ 5 and not "f^/^^g^, encrally for simple attends & Juries are '«^P'"'^"^i'-,\u,,u„h the verdict be not given co>-.ract debts and "<>tes "^ ^^"'^ ""X "''^'^"^ ^"'''''' ^ith any legal dissertation upon the the mazy .^ ^ ^^^^^^ ^^^^^.^ gives qiite - -uch saUsHic^^^^^^ ^^„, ,,, Curtof of any appeal, ^h Court ^heU^ y ^^^ ^^^ ^^^^^^^,^ , Uia Quarter Sessions meets at the ^a"^^^^ t. n ^^^ ^^. ^. ^^^^ ^ivil at the Assizes which only o^ciu on ^ .^ ^^^^^ ^^^^ ^^,^^ Cases of moreimportaiu:e than^ 40 j^ . ^ ,hich 3 Mag str.ites under £ 5, they have 2 Court eve y .^ ^^^.^ ^^^^^^ ^^ preside and dispense ^"^^'^^ *""'i" ',^^^ add that the Up- l;. every Township.. . ^ "^ ""^ {^ ^^^^^^^^^^^ -th oneChiefand .P- £-r--^f 4r,r lirtl;: ilower province wUh Eleven. One Plan proposes to save 5 Judges3^900 Stg each Contingencesaftbe Atty and Sol Gen atlcast To Sheriffs ol Montreal and Quebec £ 4500. J ^200. 2000. iccordincc with II iituU'rsHnK< to nert'l) cop) it io observations fti I'tralive parl^of rabiisos ofOHire li for llic basis, I it I have prrsciit- I sliieliled olbers • attciuplbv way pose. inarv Courts anil ! qiufitiouns suf'Ji- ilir- per. Amuiiii. ^leas at Qiirbcc vcr ; TwoCtJurli •re inlheCir«;iiit, locessary at Three St:^. this arriinc;e- ry to the Connirif \c full administra- ill this case would 10 House of Lords mrts evtrtj Q or 3 ibelwoSberitlsof rs ench pro^fecuting 1200. per Aunum. ofJustice io tliosrt to obtain, I would • the Province into lelhodas to ensure 1 purpose I would a model and every strict Judge. This istrates of theDis- )f 12 (i upon every 30 or 40 mib's and iOcy. The SherilF generally for simple erdictbe not a;iveri dings of the Law, it ,t and I never heard IS and the Court of ctty oftences, so that ■V little except Civil it; Court. Ft)r cases *hich3 Magistrates Suit. Thi3 Court is to add that the Up- with one Chief and a with Eleven. £ 4500. J ^200. 2000. Stg. £77C,n. od.l i-y a,').') 11^ Cv .C9 j ij. Th.- firmer Plan P.np'.nrsto Save 7 J !!■!;;•;•.■> at J-'^'J') viv oulv ('.in»riij.;('n<^i(-» <.f \lty i2t H.'lf G.-n al'.i-a-.l D.J S'jc/'.iruf M.;ulre-tl and «i>uel)oc Stij ni I -'00. 'Jo;)o, £ 9^200, 10.^2. }\\C\' lo.^-i*-'. Tio"--;i b'.l'i li!"^(' Pn>j.'i'ti m'lv admit or \'C(\u\i'c Mnxh^ inoditioa- ;;.,..' tii7--nrr,a a....tli;:i. !. curr.-ct I hav n..t udui^d the savmj; »',iMheproyri- r-ululion ot'the .ludfos' Cirniit :uonfy wou.d .ooa.- i-'-;iV..r<|- wliioh It. Lilt! ;n.)st m')u;.':Mlv '-•ar.iii itiun wouiu bc.£ iOO nr ^'VO \\\ ''V (ti llitf a.l,.i);i.»n of rilluT >.f tlu: pl.iui pro posed, it %vn.ild ofcM.no \n: iicrcssarv to sniiktjimne provHioi. lorthtise JiKi;;es w!io l,vi!!i.-J a.raog.'nuM.t would be uiuuMcs^ary in l.icaonimHtratioa of J ws-ir... A :!.-nsi..M of k .30;). pir, Aniui.n. upon w mrh a i;uper- „„n:iU.u J.u-r<.|ire.. wouUin this .a,, be sulhcwnt mu" Woulu it I... i,,j..;i,,. i!-jr:i lhi':u tiui:; upon nv.nlarv Oi^.icers ot h;:;-.! ranlc 7hn iii.' iWctid 10 reliro upoi, nuicli !f ;s .uwr hur;h'r sf:n|,iM. ; T'lc Vica-i-v '.vMir!! t!:-.' Death or ll-jtiremfut ot an hUivr Judge ni!-ht' crrale, u>i^M be illlod ..p with the ::eniar Judge ot the HeLi- r.='L-st I-i t"» ■n-Jiu tiujf'probablv; the recommeiidition ot your Ho„orabto"lLn^e t.. \u^ ICxoeli.nrv tiu' G wn-n..r .n Ch^ef t.>rthe appnint:ncnt of the Ex JwJ-<'sto iSie Leg.>lalive Council while it woulJ -iv^ »^-.vat weii,'htt.) lljat assembly as tho high Court of ap- ■ poaU ^vm^'■^!l■!:i•onficqu^mri\ dUni'ff, and nnlU'j to Lhci" ivtuemeut. Tlii; Rflired Pi'nsi(»ns()f the Judges might be delrawnl ov a Icm • noraivlaxon the procmiings ot the Law, or upon /?.'n,7 wlndi ;vhiK-Ml would restrain the loo free use of either, wou;d essentially bene.ittheP.uviiiCc. . • n o • • Should aiiv of tlie preceding- observations assist you in the Kevision oflhoCourts..f Juslu-eorbe'at all worthy your adopMon. I Miall ,-on;i;lcr mv-^elf amplvcompensated. in the approval ot your rionorn- ble !l.ni..' f.^r all the resentineiu that I have drawn upon nivsel.. T'n* ' I'lv iolb*iiccu-:ed ofwanlmu: re^^pecl for your Honoranie llotiKeiu submitting an anonvmous production to your nolire, 1 hog t.) info-mvou thati l.av.. put vour Honorable Speaker m theposessioii ofmvname, leavn.g it to his discretionoryour desire NUuUher or not it shall bo -u.cess.-.rv to prouiulgate it. It the Ficts or argu- mtnts have iinvweii>:ht in themselves, a name could not add to tlieir solidirv a'id -nvareaiat the discussion mav be obnoxious to many, it will nut besorprisinjrthat 1 should not besolicitous b.r the publica- tion ..f mine. Anxinu.M'or the prosperity of this Colonv Ihave no- t'MU'-- 1.» tVar but in the uiiscoiustruction of my motives, for it a desire to lissi' I the Burtlu'iis oftlie Country be a sin, I feel fully assured Your Hon.. ruble House is the most guiltv of the two. C.Mri.lio-ti.eretoroin thelib.'ralitv ofyour Hooi)rable House I true no reiucra.ce in depositing the secret, se -«ble that nccessilv a- lo.,ea!,dnot('ur;o.itv in the publicatum of mv name, will expose me to anv iiazardiVom the Shafts of ndicule.obiuquy or revenge. i have the Honor to be V/ilh much respect Geiitleiiien, your oiost Obedient humble 'Servant THE AUTHOR.