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Lea diagrammas suivsnts illustrant la -nAthoda. ita lure. : zx 1 2 3 L- ■♦:■;; 2 3 4 5 6 ^^ -^v^ ■^\H.,'::-Jt* • — -~^^e dooumenta — letter A. ., vx r«6^^uBe of Aasembly'* Report and Evidence of 1828 ; see also docomenta — Utter L 1 I ■% ■ ^''/^I9W. ■ ■ m PBTITIOK — MACKENZn, FOR RANDALL'S DBVISEBS. 8, a dlo ;a8c dcH was did The Wilsons retained the present Chief Magistr.ite of the United States to look after their interest, who, after sueh inquiries as he was enabled to make, wrote the Fetif'oner from Buffalo, 9th February, 1838, speaking f his law firm there, " From what we have been able to learn, toe are led to think that Mr. Randall wasgreat- " ly injured hij the Government party while living." Your I'etitioner understands that Hon. Levius P. Sherwood, then of BrockviUe, was warinly supported in February, 1821, for Speaker in Assembly, by Mr. Randall, then in ignorance of the part he had taken in the purchase of his Chaudiere Estate, the manner of the seizure and sale of which has since excited so much feelins in Canada West. The notice, by the Petitioner, to prevent individuals from blindly involving themselves by purchasing from Sherwootl and LeBreton, and to prepare all concerned previous to the meeting of the Legislature, in 1836, as published for a series of monthai in the Upper Canada Uazette, was in these words : " To all whom It may concern.'''* " Public notice is hereby given, that application will be made to the Legislature, at ** its next ensuing Session, by petition from the Executor to the Estate of the late Robert "Randall, Esquire, for the enactment of a law establishing a special Tribunal for the re- ** vision of certain proceedings in the Court of King's Bench, by which 950 acres of land " in the Township of Nepean, in the County of Carleton, consisting of Lots Nos. 38 and 40 " in the first Concession from the Ottawa River, and the broken fronts of said Lots, with " the broken Lots, Nos. 10 and 11, first Concession on the Rideaa ; also Lot No. 11 in " second Concession, and the front three-fourths of Lot No. 10, granted by the Crown " to the said Robert Randall, Esquire, in 1809, were adjudged to be sold, and were "sold, by the Sheriff, and conveyed to others; and until the issue of such application *' shall be determined, all persons are warned against purchasi- ^ or leasing any part of " said property." Your Petitioner was in error as to Lot 11, in the second Concession, which never was attempted to be sold or interfered with. The usual notices, in the Canada Gazette, and in the Bytown newspapers, have been duly given relative to the present application to Your Honorable House. In 1798, Robert Randall, Esquire, then a young gentleman of respectable connec- tions, large pecuniary resources, and good cretut, emigrated from Maryland, his native State, to the District of Niagara, in Canada, wiih the intention of erecting and estp-blish- ing extensive iron works, near the Falls of Niagara, and of carrying on the business of manufacturing wheat-flour there : although born a subject of King George DI, he took the oath of allegiance before Mr. Commissioner Dickson, at Queenston, August 13th, 1802. On the 2nd of November, 1798, he was introduced to Mr. President Russell, by letter from the Hon. Robert Hamilton, of Queenston, now on fyle in the Executive De- gartment, who therein stated that Mr. Randall's object was a very important one to anada, that the iron ore near the Falls was inexhaustible, and that " Mr. Jtandall brings to " you a better introduction than any I can offer him. He claims my attentions from very res- ^^pectable recommendations he brings from my friends in Neto York.'" Mr. Randall then stated his plans and projects to the President, who gave him every possible encouragement. A minute of the Executive Council, dated January 14th, 1799, thus concludes ; " He {Mr. B.) must distinctly understand that it is expected " that he tetll put all confidence in the Boyod, promise as pledged by tlie President and Council; " and tJiat he must not expect to have a grant or lease of the spot in question (the front of the " River Niagara, from above Bridgewater Mills to the Chippawa River) until he ha.* com- "pletely complied with all his engagements." 'mr. Randall erected his forge and manufactured cast and bar iron on the banks of the Niagara ; his mills were burnt and his forge destroyed by the enemy during the War uf 1812 ; the ple(^e of the Government to lease him the valuable property he had '%■ PETITION— MACKBNZW, POR RANDAIL'b DEVISEES. AT^ '^^ Rskcd was never fulfillrd ; his repeated requests, even to be furnished with a copy of it, were steadily refused. It is presumed that he was the first manufacturer of wrought iron in the Canadas,'"' Toward the close of the last century, Mr. Randall purchased one-half of the Bridge- water Works, and the grist and saw-mills at Niagara Falls, from Messrs McGill and Canby, and the other half from Mr. Elijah Phelps ; took possession ; carried on a large mercantile and milling business in the early part of the present century ; and gave such extensive country credits as induced him, alter the failure of his British and Quebec correspondents, Messrs. Burton and McCuUoch, to surrender possession of the Bridge- water property for a time to meet certain Lower Canada claims.f His tenant in pos- session, the lute J. Durand, Esquiro, made over the property informally to Messrs. Clark and Street, and Colonel Clark went to England after the War of 1812, and had a very imperfect title changed into a land-patent from or by authority of the Prince Regent, Mr. R. being then ni the Montreal Prison. This deed was obtained upon exparte statements. Besides his establishment at Niagara Falls, Mr. Randall had a large mercantile concern at Corn wall, where he built the Episcopal Church. In 1807, he explored the Ottawa and Rideau Rivers, accompanied by Indians ; readily perceived the value of the Chaudifire Falls property at the Richmond Landing ; and employed Mr. 11. J. Boulton and his father, to get a patent from Governor Sir P. Gore, of 1,000 acres in Nepean, of which Lot No. 240, on the Ottawa, (some 276 acres) is now in the heart of Bytown, and Lot No. 238 close by it. Six hundred acres, rich with iron ore, in Hull, adjoin- ing Bytown, also belong to his estate ; he was the first settler in Bytown — had a store there, in the wilderness, as early as 1809 — and was preparing to go into the business of manufacturing iron on the Ottawa, when he was arrested for a debt at the suit of the late Col. Thomas Clark, who visited him often in Gaol, at Montreal to induce him, for a consideration, to quit his claim to the Bridgewater Estate at Niagara Falls, but in vain. After nearly seven years of close confinement there, and when the patent to Clark for Nianjara Falls property was completed, Randall's prison doors were opened, and he immediately went to Niagara, employed the elder Mr. Boulton, then Attorney- General, to commence an action for part of nis damages, and got £10,000 of a verdict, which was set aside by the King's Bench Court, in banc ; in another suit, damages were also given him, and the case was left to an arbitration, at which nothing was done. When the senior Mr. Boulton was placed on tlie King's Bench, he advised Randall to fee his son, Henry John, which he did : the father then handed over all the papers in Randall's matters to his son, and took the Niagara Circuit where Randall's case was by far the most important, though he had determmed not to try it, but to throw it another year back ; the son asked Randall for his note for £26, for crossing from To- ronto to Niagara, under these circumstances ; got it ; and then the father refused to hear the cause. Mr. H. J. Boulton also got of Randall a mortgage on Lot 11, in Nepean, for a balance of charges alleged to be due to his father, the Judge, on the unfinished lawsuit, and on account of the son's labors as Attorney in the same cause.:): Randall had struggled for justice against the wealthiest men in Canada West, till he was penniless ; Boulton know this, and assured him he would never desert him. There was no Court of Equity during Randall's Ufetime into which be could bring Co- lonel Clark's title to Niagar-^ Falls estate; and in April 1819, Boidton turned round upon him, claiming about £50 for his falJier's services ; £47 for attending at an arbi- tration not gone into ; about £1G of interest, and the above note for £25 ; in all about £142. Boulton sent him (Randall) a summons for these law costs, and then *Ia his petition to Sir F. Gore, 1809, now on fyle in the Executive Council 0£Bce, Mr. Randall etatei that the first 'wUeaten flour manufactured in Upper CJanada for the European marl^et, was ground at hiB Bridge- water Mills. See document* — ^letter K. f Na. Burton nnd J. M. McCulloch, merchants, Lower Canada, in 1800, 1801 and 1802. X See documents, — letter C. ■SI ■'4 .« FBTITION — MACKEHZIE, FOB BA5DALL'B DEYI8BI0. demand of plea to the declaration was ever made by Boulton, Randall knew there could be no lawsuit Against him. But there was a pretended lawsuit, and that too without notice to the party whose invaluable property was destined to be cruelly sacri- ficed Ly his own attorney. In the autumn of lol9, one of Randall's great Bridgcwater suits came on, at St. Catharines, and for the fourth time ; but Boulton was not there : he was then secredy prosecuting his own client for law costs, though Randall had implored him not to desert him in his hour of need. The present Chief Justice (Robinson^, and the senior Barrister and senior mem- ber of the law Society of Upper Canada (Beardsley), were retained by the affluent de- fendant ; and |)oor Randall, who never had spoken in public, and couldn't, and who knew nothing of law pleading, stood alone without Counsel, opposed by the great skill and eloquence of the ablest lawyers of that day, his own hired Advocate having been added to his opponents, in the hour of difficulty. His cause, often- gained before, was lost. Mr. Solicitor General Boulton's two letters to Randall, previous to the above trial, were given in evidence before the Committee of Assembly, in 1828, and are as follow : " To Robert Randall, Chippawa." ' " York, 8th July, 1819. " From what has occurred I suppose you do not wish me to advocate your two causes at the next Assizes ; if that is the case, I should wish to know it immediately, as it will save me some trouble. Indeed I am not very anxious to be the advocate of a person who is so very illiberal in his sentiments, because I should expect (fi-om the specimen in your former letter) that, should all my efforts prove of no avail, you would accuse me of not sufficiently exerting myself, and allowing the other side, firom im- proper motives, to obtain undue advantages. *' At all events, in order that I may not subject myself in future to the like treat- ment and similar observations, I shall expect the fee with my brief to be advanced, which will preclude all misunderSHmdings, " If possible to be procured, you should have the original note upon which the judgment in Mr. Clark's suit was obtained. You had better write to some of your friends, in Montreal, to apply to the Officer of the Court for it who, perhaps, will give it up. " Your obedient servant, (Signed,) "a J. BOULTON." >>.,> » To Robert Randall, Chippawa." ' . "York, 24cople's agent, at London, where he defeated the aUen bill. He was a Government Commissioner and Director of the Welland Canal, and he died in the hope that the day would come when even-handed justice would be dispensed in Canada. The oath he took was in these words. " I, Robert Randall, of the Township of Stamford, do swear, that I, truly and bona '■^ fide, have such a freehold estate, situated in the following places; the place known " by the Bridge water Works, in the waters of the Niagara River, between the mouth of the *' River Welland and the gr^-at falls in the Township of Stamford, district of Niagara; '' four frame dwelliug houses, under two stories, with not more than two fire places ; " twelve hundred acres of land, being the north part of the lots Nos. 15,16, 17, 18, 19, " and 20, on the South side of the river Welland, in the township of Wainfleet, district " of Niagara; compensation allowance for the destruction of the Bridgcwater Works, *' in the late war with the United States of America, detained in the hands of this Govem- " ment by my order, four thousand pounds ; seven hundred and twenty six acres of land, " Lots Nos. 88, 39 and 40, in the nrst Concession from the Grand or Ottawa river, and " the broken fronts of said Lots, in the Township of Nenean, County of Carlcton, dis- " trict of Bathurst ; four hundred and fifly acres of land, broken Lots, Nos. 10 and 11 " in the First Concession; lot No. 11., ana the easternmost or front three-fourths of Lot " No. 10, in the second Concession, upon the river Rideau, Township of Nepean, County " of Carleton, district of Bathurst ; 400 acres of land. Lots No. 11 and 12, in the eighth " Concession of the Township of MatiU'a, in the County of Dundas, Eastern distnct ; " four hmidred acres of land, Lots No. 10 and 11 in the sixth Concession of the Township " of Yonge, County of Leeds, district of Johnstown, over and above all incumbrances that " may affect the same, and am otherwise qualified, according to the provisions of the " law, to be elected and returned Member, in the Commons' House of Assembly, accord- ** ing to the tenor and true meaning of the Act of Parliament in that behalf; and that " I nave not obtained the same fraudulently, for the purpose of enabUng me to be " returned Member to the Commons' House of Assembly : So help me God. (Signed,) "ROBERT RANDALL." " Sworn before me, at Stamford, in the Coimty of Lincoln, in the district of Niagara, this 26th day of July, 1824." « RICHARD LEONARD, Returning Officer," "District of Niagara." The Special Committee appointed by the LepsIativeAsspmbly of Upper Canada, in 1828, to enquire into Mr. Randall's complainta, was composed of B. C. Beardsley, Esq., senior Member of the Law Society, Hon. John Rolph, now Crown Lands Commissioner, Hon. John B. Robinson, Chief tTustice, Hon. M. S. Bidwell, Barrister, and Capt. John Matthews, Boyri Artillery. Their Report, taken from the journals of that year, was as follows : * Sm doouin«nt«, — ^letter H. f See dooumenta— -letter E. ^#. W^'TWfWt^lif^ PBTITIOV—- MACKENZIE, FOR RANDALL'S DEVI8EB8. •' The Committee to wliom wa« referred the Petition «)f Robert Randall, Esquire, " with power to Bend for perHons and nnperH, and re jwrt thereon, have entpiircd into the " same, and reHjjeetiuUy Hubmit the following Report : " It is adnutted that the demand of Mr. Boulton against Mr, Randall was for pro- " feomonal Hervices, rendered by himself and the Honorable D'Arcy Uonlton, late a " Judge of the King'H Rench. The j)rincipal elmrgcs arc ^50 for businewj alleged to *' be clone by the Honorable D'Arey Roulton, before his elevation to the Bench, and £50 •' to Henry J. Boulton, being j)riiicipally a charge of five guineas a day, for eight daya *' in attending an arbitration at Niagara, in the Niagara District, for the Petitioner, in a *' suit, Robert Randall vs. Elijah Phelps, in the Court of King's Bench, in which five " giuncas had been previously paid as a retaitiing f^c, and not included in the account *' for which the bond was given. In security for the payn'jit of the said sum of one " hundred pounds, the Petitioner gavo a mortgage to ?.ir. Poulton of Lot No. 11, in the " first ConccHsion on the Ridean, in the Township of Ncpeap and which mortgage is " recited in the condition of the bond upon which the action was brought. The cause " R. Randall vs. Elijah PheIj)S, came on for trial at the Niagara Assizes, in the year 1818, " where Mr. Justice Boulton presided, and Mr. Henry J. Boulton, attended, as Counsel " for the Petitioner, the Plaintiff in the cause. On the day upon which the trial was " to take place, and a short time before it was called on, the Petitioner, at the retmest " of Mr. Boulton, gave him his note for twenty-five pounds, payable the first of May " following, as a Counsel fee for the expected trial. Tnc Petitioner proceeded to collect •' his witnesses, and Mr. Boulton callcu on the cause, when the Judge refused to try it " on the ground of his having formerly acted as Attorney in it for the Plaintiff. The " case waa therefore not tried. Upon this note, us well as upon the bond, Mr. Boulton " recovered the judgment, against which the Petitioner complains. " At the subsequent trial, Mr. Boulton did not attend, and it appears that taking " offence at the want of confidence which he inferred fi-om a letter writ en to him by *' the Petitioner, he did not feel himself bound, without a further request, and a further " fee, to continue his professional aid in the .luit. This ■will be seen from the copies of " Mr. Boulton's letters annexed, one dated 24th May, 1819, and the other 8th July, " 1819. The Petitioner complains, in the first place, that Mr. Boulton, at the time he " took the note for twenty-five pounds, knew the cause would not be tried. This " is denied before Your Committee by Mr. Bc'ilton. The Attorney General,* " states in his evidence that he expected th'j refisal of the Judge to try the " cause, though unapprised of it. He also states that he has an indistinct recollection " that the Judge, about the time of arranf^ing tht Circuits, expressed his reluctance to " try the cause. The House can judge ho.«r far it would have been judicially correct *' for Mr. Justice Boulton to try the cause, in which he had been Attorney and Counsel ; " and therefore how far there was areasona1)le presumption for Mr. Boulton, that the " cause would not be tried, under such circumstances ; and how far the note for twenty- " five pounds should have been retained after the immediate failure of the considera- " tion for which it was given. " Mr. Boulton prosecuted Mr. Randall for the recovery of the one hundred and " twenty-five pounds, upon the bond and note, and the following is an abstract of the *' proceedings in the suit : — " In the King's Bench. " Henry John Boulton, Plaintiff, vs. " Robert Randdl, Defendant, } " This action was commenced by a writ of summons in a plea of debt, issued fWjm " the Crown Office, at York, in the Home District, on the thirty-first day of May, 1819, * Kov Mr. Chief Justice Bobinaoa PniTION — VACKINZIE, FOR RANDALl'S DBVI8KE8. 9 returi year Office i«l)l»' tlif fifbl y\ay <)!* Trinity Term, 1810, beiiitf the fifth day of July of that This siiiniiiDim, witli the deelarntioii ami' xetl, waw fyled in the said Crown the ihirleciilh day of .Inly, iHli), wim an affidavit made by Samuel P. " Jarvls, Itehire Tliomas Diekciou, on the 24th day of June, 181!), Ktatiiig ttiat ihe Hunu- •* was berved on the Deft-ndaiit by the Deponent, on the twonty-Hecond of June, of the " same year. On the said 13th (hiy of July, 1819, an a^ipearance for said Defendant •• in Hiid cause, was entered in the said office hy said Plaintiff", and on the same day an '• affidavit made on the 13th day of July, 1819, before John Small, Clerk of the Crown, " by the pre.'imt Honorable James B. Macaulay,* then a student at law with the saiil *' Henry John Bonlton, stating that the place of residence of the Defcndaut in the " Uoiue District was unknown to the Deponent, and also a demand of plea, were fyled in " the Crown Office. On the 13th day of July, 1819, interlocutory judgment was signed, •* and final judgment entered for two hundred and twenty-five pounds debt, and five •* pounds three shillings and eight pence, damages and costs, amoiniting altogether to " the sum of two hundred and thirty pounds. On the 5th of October, 1819, a writ of '* fieri facias, against the goods and chattels of the Defendant, was issued ujwn a pra- ** cipe fyled by the Plaintiff', directed to the Sheriff" of the Home District, returnable on •• the first day of Michaelmas Term following, being the first day of November, 1819, ** This execution, with a return of nuUn bona, by the Sheriff' of the Home District, wa« •• Arled in the said Crown Office on the return day, and on the same day a writ of fieri "facias against the Defendant's lands and tenements was issued, (upon apracipe fyled " by the Plaintiff,) directed to the Sheriffof the Johnstown District, and returnable the " last day of Michachnas Term, 1820, which writ was fyled in the said ofli^j on the •* seventeenth day of March, 1825, with the following return by the Sheriff of the Johns *' town District : — *' * By virtue of this writ to me directed, I have caused to be made by the public •• ' sale of the lands and tenements of the within named Defendant, Robert luindall, (that " * is to say,) Lot No. Forty in the first Concession of Nepean, in the Johnstown District, " ' together with its broken front, in front thereof, on tne Ottawa or Grand River, the *• ' debt and damages within mentioned, which I have ready before the Lord the King, " ' to be rendered to the said Henry John Boulton, for his dcbtaad damages aforesaid, " ' as within I am commanded. (Signed,) " ' JOHN STUART, " * Sheriff" of District of Johnstown.' " •ft «( t( i( «« «« a (4 i« it u " That on the 7th day of November, 1821, A motion waa made to the Court, to set aside the judgment and execution upou an affidavit of tlie Defendant, upon which a rule was granted to show cause ; and upon cause shewn, the rule was discharged by the Court. ** And that on the twenty-third day of January, 1824, a similar application Wk.s made to the Court, upon an affidavit of tlie Defendant; and upon cause shewn and an affidavit fyled by Plaintiff', on the 30th April, 1824, the rule was discharged.! " On the twenty-fourth day of June, 1824, a writ of error coram nobis, under the great Seal of the Province, was granted ; error was assigned by the Defendant in this case on the 18th day of December, 1824, and the PlaintiflF in this case pleaded thereto on the 25th day of January, 1825.^ " The foregoing is a correct schedule of the proceedings in this cause, no other proceedings in the case have been filed o ' entered in the Crown Office. There does not appear to have been any assessment of damages by the Court, or a Jury, or * Now Chief Justioe of (Jie oommon plMu, U. 0. tSee documentB, — letter 0. See document!,— letter D. # 10 PETITION — MACKENZIE, FOR BANDALL's DE^^6EES. i; t ** "tiy order of the Court or fiat of a Judge thereof, for judgment or fJ.)r any execution. " In obtaining this jny the tenth Section of the Act of the 84th of (reo. Brd, regu- *' iafing the practice of tlie Court of King's Eench, and under which Act the process " in tlie said cau EJu. " Rule 8. It is ordered that in future the note or bond is to be produced for the inspection of the Judges when a motion !Hhij, C. J. ") ''Powell,.!. \ " Akock, J. j is made to refer them to the master." " ^Michaelmas, \ " 48th Geo. III. \ " The Court require the note and bond to be produced for the inspection of the " Judges, a rule which it is presumed was intended to prevent fi-aud and maintain " unsiilllcd the character of public justice. And when Your Committee consider the " irro;,ail}iritics disclosed in these proceedings, and an attempt to justify them by their " ftxMiucucy, tliey cannot but feel that the rule was as necessary as it was well intended. " The following rule of Court was also obviously Intended to prevent undue advan- " tages and surprise, by the violation of which rule Mr. Bonlton had an execution " against the Petitioner s lands and tenements before he could by a legal and regular "' course have obtained a rule absolute to sanction his proceedings. "Hilanj,il ) ii'roff, 0. J. ) " RULK 21. It is ordered that in future in all cases " Geo. in. ^ Thorp, J. \ by judgment by default (m bonds conditioned for the " payment of money, a rule nisi to refer the bond to the master for taxation shall " not be necessary ; but in lieu thereof a notice of motion for the peremptory rule " shall be given in writing to the Defendant or his Attorney, at least thirty-one days " before Hilary and Easter Terms, and twenty-one days before Trinity and Michaelmas '* Terms, respectively, whi(;h rule shall accordingly be made absolute in llie first ins- " tance, on an affida^nt having been made of the service of such notice." " The execution was also obtained with the same irregularity, and in defiance of '' the known rules of Court, as appears fi-om the following rule. Elint/eij, 0. J. 'i *' Rule 10. It is ordered that from and after the Poivfll, J. > end of this Term, the Clerk give no writ of exe- Alcock, J. ) etition on a judgment by default, on any bond, " without an order of Court, in Term time, or the fiat of a Judge in vacation." " Mr, Boulton, ho^vcve^, dispensed with any order of Court in Terra time, or " fiat of Judge in vacation. " The bond upon which the action was in part founded, w-as a mortgage bond, a " copy of which is aimcxed. It appears on the face to be collateral security, and how " far, therefore, Mr. Boulton was boimd to suggest breaches according to the Statute, " Your Commi'tce have not enquired. " It appears that several applications have been made to the Court of King's Bench ** for relief, without avail. The refusal of the Court to interfere, was not on the ground " that the a[)plication had no merits, but (m the principle that the objection came too '* late. Your Committee, however, tliink it right to observe, that firom the course pur- " sued by Mr. Boulton, the Petitioner was deprived of those notices to which he was " entitled by the written law of the land, and the rules of the Court. *' Irregularities may be waived after notice of them by delay, or by taking a step *' in the defence ; but it would be productive of incalculable injustice if all notices could ** be suppressed, and a suit be clandestinely carried through all its stages at the sacrifice " of all law : and the ruined Defendant should be precluded from relief, while the " Plaintiff sheltered himself under his own wrong. If this can be law, Y'our Committee " would recommend a Legislative provision against it, for no Defendant should be " deemed guilty of irremedial neglect when the Plaintiff keeps him in tho dark by his " own wrong. " Easter, 40 " Geo. m. 12 PETITION — MACKENZIE, FOR BANDALL's DE\7SEES. ^1 , " Mr. Boiilton has received his principal and interest upon the bond and note. The " fee of the 'and mortgaged is also in him, and there is no Court of'Chancery to interfere. " The land sold at Sheriff's sale under this judfi;inent is, undoubtedly, most valuable, and " it appcjirs to have been sold before the Petitioner knew there was a judgment iigainst " him. Part of the land sold under the judgment is owrieil by the present Hon. Mr. " Justice Sherwood, brother-in-law to Mr. Boulton. There is, however, no evidence to " shew that Mr. Boulton was concerned in the sale or the purchases. " Your Committee have to remark that Mr. Boulton was ecmducting a cause for " himself against his own client ; and when they consider the nature of the debt, the " great and multiplied irregularities by which the judgment and execution were " obtained, the great value of the property sacrificed, and the expensive and frnitlcs.s " endeavors of the Petitioner to obtain a reversal of the proceedings, they do not hcsi- " tatc to reconmiend ix'licf. Independent of the interest of one of the Judges, it appears " that the Court of King's Bench, if they set the proceedings aside, cculd not afford •' adequate relief, and thc-efore Your Committee have rejjortcd a Bill enabling the Honorable Mr. Justice Willis to enquire into the nsattcrs alleged in the petition, and to do justice beLVveen all the persons interested. The Chief Justice ^" is not in- cluded in the Bill, as it is pul)licly reported that he is about to visit England; and, under such circumstances, the object of the mtasxn-e might be defeated, and the ends of public justice not be answered, if he were included. Mr. Boulton complains of Mr. Randall for having misrepresented the value and q\iantity of the land mort- gaged to him; and the Conmiittee have annexed the evidence and documents adduced in support of the charge. " All which is respectfully submitted. (Signed,) " B. C. BEAPtDSLEY, Chairman."' FOR EVIDENCE SEE APPENDIX (A.) ■f The Estate, in Bytown, which Capt. LeBreton endeavoured to obtain by purchase from Randall, and which he, and the late Judge Sherwood, obtained possession of through the secret movement of Boulton, when he turned upon his client, was de- scribed in an advertisement in the newspapers of Canada, in September, 1828, when, through the suspension of JMr. Justice Willis, the Executive Council, of that period, had been enabled to place Mr, Ilagerman on the King's Bench as a temporary Judge, ut Perth, and as the whole Court of King's Bench, in Randall's case, at Toronto. That it was of very great value, and ought not tt) have been sacrificed under a pre- tended law-suit and sale, to satisfy such a claim as Boultou's for £143. Capt. Le- Breton's advertisement is good evidence : it was in these words : " Town or SHERWOOD." ' provm " In consequence of the decision of the Court held at Perth, on the 20th instant, •vingthc subscriber's indisputable title to that valuable tract of land in the Town- " scriber from disposing of said land. The situation is most beautiful and salubrious, " being on the south side of the Chaudierc Falls, with the Grand Union Bridge " abutting on the centre of the front, and leading through the main street. It is re- *' plete with mitt sites, end for commerce no situation on the River Ottawa can equal PETITION— MACKENZIE, FOR RANDALL S DEVISEES. 18 " it. The Subscriber is determined a3 much as possible, to confine his sales to per- " sons of respectability. (Signed,) JOHN LeBRETON. " Baltimore, Ottawa River, 26th August, 1828." The moment that Randall ascertained thftt Boulton had thus secretly sold his estate, he employed Alexander Stewart, Estjuire, Barrister, then of Niagara, now of Brunll'ord, to obtain a reversal of the proceedings upon proper atlidavits. Mr. Stewart's letter to W. L. Mackenzie, dated Brantford, 2nd August, 1852, thus details the pro- ceedings, so far as he (Mr. Stewart) was concerned in the suit. " I shall now endeavour to give you all the information that I can upon the " motion which I made to set aside interlocutory judgment in the case of Boulton, "W5. Randall: I tliink it was in Trinity Term, 1822, [it was November 7th, 1821,] " the Statute at that lime regulating the proceeding in the King's Bench, which " was by summons and declaration, both being in one. The JStatute required that " the Defendant should be personally served with a copy, and afterwards with a d©. " mand of plea. The service of the demand of plea was not re(juired to be personal, " but leaving the same at the Defendant's place of abode would be suthcient. Major " Randall was then living at Chippawa, and the Plaintifl" iiad laid his venue in the " Home District (Toronto.) The Court of King's Bench had made a rule that where " the Defendant resided "n a diU'erent district than where the venue was laid, the " Plaintiff might stick the demand of|plea up in the Crown Office (at Toronto) with •' an affidavit that the Defendant's place of residence in the Home District was un- *' known lo the Dei)onenf. I made objection to the Court having any such power to " make any rule of the hind. I contended that it was contravening the Statute ; that " by a common sense view of the same, it was clear that it was intended that the •' demand of plea should be at least left at the Defendant's place of abode. I con- " tended also, that the Statute giving the Court power to make rules, was only to " regulate the practice where the Statute had omitted to do so, but here was no such " omission, the Act required the Defendant to be served eight days before interlocu- " tory judgment could be signed ; but it was all in vain, the Court ruled themselves power; I took nothing by my motion. Bouhon brought debt on his mort- gage, and included a X25 note which he extorted out of the poor Major, and "as an inlorlocufory judgment in debt is a final judgment, he immediately issued " execution, and a more ****** proceeding never disgraced the administration of "justice in any Country. You only do me justice when you say I was a friend of " the Major ; he was the intimate friend of my father, and I shall be happy at all times " to give you any information that I can, and I feel satisfied that if ever the decision of " that day could be brought before the Courtof Appeals, that the whole would be upset."* Mr. Itandall next appealed to the Hon. John Rolph, and told him he had no means to carry liis case farther. Dr. Rolph assisted him ; brought the wrong he had suffered under the notice of the Court of King's Bench, but could get no redress for his client.f Lot No. 40, worth to-day £40,000, and soon to be worth £100,000, sold for £449. Boulton got his fees, and the other £300 lay with the Sheriff", and his heirs ; Randall would have begged his bread rather than touch a penny of it. The property was wantonly sacrificed. Randall had refused an offer of several thousand pounds for the lot years before. The Committee also reported the following Bill, appointing the Hon. John Wal- K)le Willis, then a Judge of the King's Bench, Chancellor, to afford relief to Mr. andall from the injustice thus done him. ♦ See dwumeiits — letter D. t See ducuments — letter C. " the u rETrrioN — maokexzie, for Randall's devisees. — : :ui - ' .-S i BILL. " Whereas Roljort RiindrJl h^is, by petition, roinplainod that he has suircrcd " gr'.it loss mid injiislice under a judgment obtnined agiiiii^'t him in the Court of " Kin.'^'s Meiicli, in tliis I'roviiu^e, by Henry John noulton, Ei^cjuire, His Majesty's " Soiieilor General, which judgment the Petitioner alleges was obtained against the " rules of law and e(juily ; ;uid Avhcreas adequate relief cannot bo afforded by the said " Court of King's Beneli, and it is therefore expfnlient that an itiquiry should be " marl" into the wrongs alleged, and fight be caused to be dune, if upon due inquiry " under oath it shall lie made, lo appear that such great injustice has been done : Be " it theicforc enacjled, !)y tin; ICing';, most Excellent Majesty, &e. That it shall and " may be lawful for the'lloii. John Walpole WUlis, one of His Majesty's Justices of " the Court of King's Uonch, in and lor the Province of L'pner Canada, under and " by virtue of this Act, at York, in the Home District, lo inquire into the truth of the "statements in the said Peiitiou set forth, and for the purpose of that inquiry it shall ■• and may be lawful for the said Hon. John Walpolf IVillis, in the presence of the "parties or their Altorneys, or such of them as shall, after due notice, appear, to "summon aud examine upon oath all v/itnefS"s deemed necessary for the attaiiunent " of justice 1 etweeii die ])arties, and to enable the said Hon. John Walpole IVillis to "inform his jud','nicnf in- making his decree or decrees as hereinafter mentioned; "and any j)erson convicted of wilful false swearing before the said Hon. John Wal- " pole inilis, under this Act, shall i>e liable to the same pimishment as is now indicted " l)y the laws of the Province upon persons guilty of perjury. " And be it &c.. That tiie af(>rosaid m:;tler slin.U be heard and determined and " the witnesses examined in auo|n'!i Court wherennto all His Majesty's subjects shall " have free ac;'et Ills mini client, and whin they consider tlie nidnre of the debt, the ijreut and mtdti- " plied iirei/nlnritiis by which the Jiidyment and execution were obtained — the yreut value of '■'■ the propirhj sacrificed ; and the expensive and fruitless endeavors of the Petitioner to " obtain II n rcrsal (f the proccedinys, they do not hesitate to recommend reliif. Independent " (f the iiittns-f of one of the Judyes, it appears that the Court of Kinfs Bench, if they set " the proccedinys aside, conid not afford, adeipiate relief, and tlierefore your Committee hqve " reported a bill enabliny the Honorable Mr. Justice Willis to inqtiire into the matter " alleyed in the petition, and to do justice hettoeen all the persons interested,^'' " Ei<>;lit years have elapsed since the bill mentioned in the above extract was re- ported — ihc veto of another Ijranch of the Legislature continued to withhold redress from the complainant, until the grave closed on his importunities. *' For the relief of his heirs this Committee do now report a similar bill to those passed in 1828 and 1830, and its Members unite in the expression of a wish that a ju- tlicial inquiry will no longer be deferred, but that justice will be speedily done between all the persons concerned. " DAVID THORBURN, Chairman. " Commiltee Room, House of Assembly, "30th March, 1836." FOR F.VIDENCE SEE ArPENDIX (D.) Mr. Thorbum, for the Cornmitlcc, then introduced a (fourth) bill for the relief of Randall's heirs, which passed through a Committee of the Whole, 28 Ayes to 10 Noes ; and at its lliird reading unanimously. This bill was similar to the three bills preceding it, except that it appointed Hon. R. A. Tucker ; who had been Chief Jfusticc of Newfoundland, and was afterward a member of Sir George Arthur's Executive Council, (a gentleman of strong conservative opinions) as the Chancellor, to do justice in the cause. The Legislative Council, as then constituted, sought not to amend the bill — they threw it out — would give no relief, and offered no reasons for their refusal. The Assembly placed the Report and evidence as a record on their Journals, of which they occupy 31 folio pages. Next year (1837) came the political difficulties, the result of which exiled many Members of the Legislatures of the Canadas, and pre- vented this Petitioner from taking further steps in fulfilment of the trust reposed in him. Colonel Thomas Hornor, M. P. P. lor Oxford, the other acting Executor, died, of cholera, a few months after Mr. Randall's decease. Not till 1828, did Mr. Justice Sherwood and Capt. Le Breton, the purchasers of Randall's invaluable Bytown Estate, attempt the ejection of his tenants, Messrs. Firlh and Berry. The course of ejectment then taken is described by the House of Assembly, in their Address to the Crown, as being of a piece with the other judicial acts in Randall's case. " It is from such proceedings, such Courts, and stich Judges {they say), that the people desire to be relieved.''^ In 1828, Judges Sir W. Campbell, Willis and Sherwood, constituted the Cour^ of King's Bench ; Campbell got leave to go to London to seek a pension, leaving no casting voice in appeals in banc ; Judge Willis considered the Court incomplete, and Messrs. P. Robinson, Dr. Stiachan, and Macanlay, the Executive Conncil, 20 PETITION — MACKENZIE, FOn RANDALL'S DEVISEES. Buspendcd liim, and put Mr. Magerman, llio Collector of Customs at Kingston, (Mr. Macaulay's brother-in-law,) in his placo. Hagerman \vi)s wnt to Port!) to hold ihrs Fall Assizes that year, whore his brother .Tndgo (Sherwood's) ejectment trial, against Randall, was to come on. The Earl of Dalhousie, then Governor General of Canada, having been instructed that Sherwood and l^eBreton's title was bad, wrote as follows, on behalf of Randall's tenants : ^^ I should vof, ulijcd to lease a small Lol o» the Clinjij Itisni'f adjutniag the Itichnumd * Lnndincj, to the Petitmnr, Berry ; hut I (tin more thou inr eonrinred that the jnirrhase of " Captain LeBrelon is an illeijal purchase of the Landing Lot [U'lndaW h) , and T therefore *' advise Berri/ to avoid removal while he ran, the more so as Goverumid has, in my opinion, ** a strong rlaim upon it for puhlir servirr. Qneher^ Der. "{0, 1822." Again, '■'■Queher, ** Aw/nst 8, 1828," immediately before the trial at Perth, Lord Dalhousie wrote to Mr. Firth, " That lot if Gorernment property heiny a broken front, not included in RandaWs Lot, ^^ has been eluinied by Mr. Sherwood ; T am Mnvineed tluU he has no fair claim, nvr legal " right to it ; and, on the part of the Governnunl, I have maintained the Firths in their ** possession ; and I think they ought to be maintained in it, again,;t the pretensions set tip hij " LeBreton and Mr. Sheinoood." " Dalhousie." His Lordship caused Mr. Jonas Jones to be written to, and then Judge Sher- wood retained Mr. Jonas Jones on his side of the question. Lord Dalhousie also instructed the then Attorney General, West, to aid Randall in his defence, who, not being able to attend, wrote him (Randall) as follows : " York, nth July, 1828. ''''Sir, — An nctimt of ejerfment is brought by Mr. Sherwood against one Firth, wk) is " in possession of part of the Lot at Point Nepean, on the Ottawa Iliver, which you complain "/in* been illegally sold nnder an exerntion against you. I am defending the action, and ^* have instructed Mr. Radenhurst of Perth, to manage the defence at the trial. If the sale *^tvas illegal for any cause stated by you, and more particularly for want of being fairly " advertised, you hare noto an opportunity to take the opinion of the Court upon it, by enabling " Firth to ■urge that objection against the Plaintiff's title. " The Assizes for Perth commence on the Ifith Augtisf, Any evidence ymi can furnish " on the subject, or any prof essional assistance which you may desire to engage, Mr. Radenhurst *' will willingly avail himself of. " I am, Sir, " Your obedient servant, "JOHN B. ROBINSON." «♦ Robert Randall, Esq." I*t«; Mr. Randall thus instructed Firth : " You will perceive that I have instructed Mr. Radenhurst to urge the illegality of the Court, as now constituted — the want of sufficient notice to purchasers, and on this last head you will do well to bring forward all the proof possible, particu- larly Mr. Wright of Hull, as it is a strong point — the injustice of the proceedings here — the manner of obtaining the judgment — the view taken of the subject by the House of Assembly, as may be seen by the bill which passed that House. Mr. (^Villiam) Morris, the Member for your District, though he did not agree to the bill, bore testimony to the irregularity of the proceedings, and said that if a bill had been brought in to refer the whole case to the Court of King's Bench, he -vs, . ,i-* ^''A-A-.-.V.i rETITION' — MACKENZIE, FOB RANDALL S DEVISEES. 21 lal, ugiufist to wrote to *' would (under tlit; circumHtaiiccft) have given it tlio sanclicin of liis vole. Yur mi!. ^' jifofc in til' Coiifi fhitf one (uir, if thr jircjifffi/ Itad Ian diilij nJi n-tisul^ irmtlil hav paid " M)\ Biiidlim^s prfftnidtd rlfii'tii, fur ivhi'li the 27(5 itirfs ii'irr uiijin^tlij roild. * * * * "The Hon. .1. B. Maeauhiy, engaged for Sherwood, was the person diat swore ho "did not Kn<»\v my residenec in l!ie Home Di.-tiiet, allhongli lie knew I lived in the " Niagara District and not in the Home Distriet." Mr. Radenhnrst's hitter, copied from the Journals of Assembly, will show what degree of fairnesH was nietcd out to Mr. Randall at Perth : " Pekth, 23r(/ August^ 1828. " Robert Randall, Esq. " Deak Sin, — I receivi'd your several letters with the documents enclosed, " respecting the suit of Dae ix Di'iii Slierwood vs. Firth and Berry, for part of the " land formerly your property at \epean Point. Many of the pajjcrs you sent were "entirely useless, as the .Judge would not permit evidence to show how the judg- " ment in BouUon's suit was obtained. Nor could I, in addressing the jury (as yoa " advised) allude to that circumstance, but was entirely confined to what was put " in evidence by the I'laintiH, viz., the judgment, executions, and sale ; and even in " this I was once or twice interrupted by the o|)|K)site Counsel, Jonas Jones, and "censured by the Court (Hagerman) for what they considered exceeding my hounds. " I oV)jeotetT, as yon requested I should, to the trial proceeding at all, which the "Judge paid no attention to, as he considered it was casting a censure on the " conduct of the Court of King's Bench, which he could not listen to. The Plaintiff "did not produce any notice of the sale whatever, nor show that any such was " given previous to tho sale taking place. Upon this and some other points I moved " for a non-suit, and the Judge r(>servcd the points. We were also anxious to show " that Colonel By required the proj)erty for the Government use, for the purpose of "the Rideau Canal ; this evidence the Judge refused receiving. In fact he seemed " unwilling t'lat any point that could operate in your's or the tenants' favour should " go to the Jury ; and as the jury at that Assize were persons little acciuainted with " their duty or with Courts of Law, they implicitly followed the direction of the " Court, which, in this case, was for the Plaintiff, and gave a verdict accordingly. " I remain, Your obedient servant, "THOS. RADENHURST.'» Mr. Randall appealed to the Court of King's Bench, in banc, questioning the judgment of Mr. Hagerman at Perth, and there sat Mr. Hagerman, alone, the whole Court, and confirmed his own judgment below, the chief Judge being in London after a pension ; his coadjutor, Willis, suspended from his functions ; and the third Judge, Sherwood, a party in the cause. Anticipating that this course might be attempted, Mr. Justice Willis wrote the British Colonial Minister from Bath, Sept. 23, that year, as follows: " It is evident " that no Jmlge of the Court of King's Bench in Upper Canada can sue or he sued in fJiat " Court, while he is personally discharging his judicial functions, as he would he nnluicfulhj " Judge in his mm cause. The difficulty contemplated hy Mr. Sherwood, as arising f rani t)ie " Act being construed to insist upon the presence of all the three Judges, would In increased " rather than obviated hy a less itrict interpretation of the lato permitting the competency of " the Bench when composed of less than three vumbers. For example : in the action of Eject- "' meni brought by Mr. Justice Sherwood hitnself, for land at Broclcvilk, arising out of the C' ..".•ijtxf.;. 2*> PETITION— MACKKNZIE, FOR RANUAM/S DKVIfiEE.". *' iiotiin'oiii riiiisi- (if Ml'. S'lllrHnr JimiKiiii vs. Itc nihil; (sir the iiroft'iifiiii/s nf thf Pion'n- " rial J'lir/iiiiniiif In Ihin riisv ;) shmil'l Hif urtinii hair I'fvu liiril iit (lit Inst AsHr:in hij Mr, " Ifiii/iinnm, ninn iirl'mij us a Jnilijr nf tlir (^mirt of K'niifi Hi mli, ninl/nr iiiii/ nnsilimii/m " or inijirojniitif ini Ills juift ol tin lilnl nl Nisi I'rliis, ii mm trlnl l>f innriil for, n'/io is to ^'■iliiliti.- Snrili/ Mr. '/nstiiT Sli'rn'iioil (if I' Jnili/i) nninot, lirrnnsf hi' Is n jmrti/ ; anil *' y>//. ll'ii/iriniiu inii/ht )iot, lirriiiir tiikm, 'hi' Court rtninot jiromd In Unit (7/«.sr." May it thuTrforc pirasc Your Ffonorahlc House to caiisf in(|uiry to ho nindo into the allogatiouHcoiitaiiit'd in this huml)l(' ap|M'al to your('(|uity and juHlice, to consider wlietlifT llif oppnssious rompl!iint;AI.I/fl DRVIflKCS. % 28 it «♦ to " ciiin^tl.'iin'cs wliicli hIioK •■dtuhlixli clcitrl) , that llic fuir market viilui- han not '* Im'cii obtained, and that rtMiHoiiahIc prcc mtions und advcrtiKcnicnlH have not ht;un iiNcd tor this |)iir|)ose, and iliat partioH have connived in nwrh a nninner an Mi;du' tht* Male appear to li • a public ami free nnh*, wht^n it is in fact a mere " cover of a private arrangement, iheii no such inference can ariw; in tlie favour "of the hoiuijidea of Ihe nnclion," tht; sale of Lot No. -10, in Nepean on the Ottawa, was or was not frandfnl? — whether, as the Upper Canada IIouhc of Assembly, in IH^H, alter fidl incpiiry, in another llonwi', in I8J0, and in n third IIoubc in IH.'JO, passed fiilis to renower, which Mills the Legislative Council of thoHe dayrt would neither pass or amend, Ihe I'niled Lej^islature will, now that many dillieiilties are removed, aii^ree to a measure of cllieieni redress? — whether the man- ner in which the Chaudiere; ejeelment suit was carried lhrouf,'h, and Randall's tenants disposses8(!d in 182;^, this done in the namu of the C'rown and of the law, who, or was not adarinj^ series of acts of fraud and oppression, in defiance of coimnon law and justice, t-) this hour loudly demanding redress, seeing thiit iImj parties interested have conliimally prayed for Legislative interference, seeing that the ('rown was addressed l>y the Commons of (Janada VVrsi, to tli(! elleet that from the Courts and Judges who had thus wronged Robert Randall, the people earnestly desired to be delivered, that "every delay arising fiotn fraud adds to its injustice, and tiuiltinlies th«! oppression," and that " Iraud will viliati- any, even the most solenm transactions, and an asserted title to property founded upon it, is utterly void." May it please your IIoiioral)h! llotise to |)as-( an cnactmcnif similar to the Ran- dall Refief Hills of IH2S, 1H3(), 1835, and 1830, and so as to enable the late R. Randall's acting Executor or Executors to carry testator's intentitm, as regards the reeoverj' and the sale of his real estate, and tlu; ilistribution of the proceeds thereof among his devisees, into full ellcet, or to grant such other C(|uitable relief in the pre- mises as, on fnll inquiry, may ap|)ear to be just and right, under the rule " that " wherever conFuh'nce is n'posed, and on«,' party has it in his power, in a secret " manner for hin own advantage, to sacrifice those interests which he is bound to " protect, he will not bt; permitted to hold any si oh advantage." And Your Petitioner will ever pray. WILLIAM L. MACKENZIE, Acting Executor under the will of the late Robert Randall, Esquire. DOCUMENTS REFERRED TO, »N THE PETITION. (A) (Copy.) Governor in Chiuf the Earl of Dalhousio's Deci- sion on A. Hurrie's Petition for an acre of the Clerjjy Ruserve, Lot 39, Nepean, Ottawa Front. " I should not object to lease a small Lot on the " Clerj;y Roservt.' (meaning No. 39) adjoining the " Richmond Landino, to tlie Petitioner Berry, but " I am more than ever convinced that the pur- " chase of Captain LeBreton is an illegal purchase " of the Lauding Lot, [meaning Lot No. 40^ granted " to R. Randall,] mid tiicrcTore advino Berry to " avoid removal [from Lot 40] while he can— the " Tiioro so as Government has, in my opinion, a " strong claim upon it, for public service. (Signed,) « DALHOUSIE." "Quoboc, lOth Dec, 1822." " A True Copy. — This was the last decision " given by His Lordship on this case. " (Signed,) JOHN PARKER, • Capt. & D. A. Q. M. G. " 2nd Oct., 1823." (Copy.) Governor in Chief tlin Earl of Dalhousie, to Mrs. Isaac Firth, relative to the Lots 39 and 40, Nepean, on the Ottawa. "to MRS. riKTH." " At the desire of Mrs. Firth, ul the Richmond r>anding, near Bjiown, I give her this note to cer- tify, that, several years ago, I gave her and her husband, leave to establish themselves in a small house and Siore belonging to Government at that place : it wact originally placed there by the Duke 24 PETITION — MACKENZIE, FOR RANDALL's DEVISEES. h (jf llic'imdiiil, tn .'liil the j)ri>:>:i;:i^ of Kiiii'ir;ints, i Militiiry Scltlprs. Hciiiij no loii^'or usftiil it fell I to mill, anil in tiics<; cironinstiiiicfs iIium- persons | rupniri'd il, iiikI luive been pennitled to oi'uupy it. | I liiive bi'eii led to believo thiit it stands on the | linoof fi'.iveniniei.t proi)eily,aiid a Cner;,'y Reserve ' Kt't a.-^ide by iSir I'. iMaitlaiii)i'ity, bein^ a liri.keii front not iaeluded in R;iiulall's . Lot, lias been eiainied by Mr. Sherwood. I am { uonvinei' ! that he has no fairelaiin, nor le:xal riu'ht to il ; and on the part of (Jover'Miient I have mam- ! tained tl .• firths in Iheir ixj.ssession, and I tiiink i tliuy onLMcl to be maintained in it a^'ainsl the pri teiitions set up by I^-Urotoii and Mr. Siieiwood. "DALllOrSlE. " QuL'bee, 8tli An^'uyt, 1828." (B) HON. CtOIKiK S. iiOLM.rON TO .'MAJOIl UANIMLL. ))|1()(;KVII.I.K, 'itk IStJJl., ISKJ. Dear Sir, — Vo'ir letter eanie to liaiid a day or! two ai^o, jiiil liiv f.iliier finds it totally iiniios.-ibli.' to attend the A-sizes in the District of Niau'ar.i. ! In coiise()iieiiee, Mr. .iarvis has been written to on ' tlii.s .subject, and 1 iuivu no iloubt he will pay dui.' (il'.eii'.ioii 1(1 il In the mea.i lime see J^.Jr. Came-, roil anil ^'et him to prepaie a brief lor j\1r. Jarvis. | When Mr. .(arvis arrives yon liud bi-lter seu him! and Ltive him tv o irtiineas as a retainer '• The business (it yon think pr<)[)er) Mr. Jarvis ' will try and piil olf unlil next year, wuen my father will attend. If thai cannot be done, Mr. Jarvis, I am sure, will exert himself for you. In haste. I Yours tnily, j (i. S. 150ULT0N. lidlii'rl Bdiidall vs. Elijah Phdps. The arbitrators in this eause refnsi^ to jro into the consideration of the subject in dispute betw-ieii the above iiartie.-i upon tlie folloviinr trrounds: That Mr. lieaisdley, tile Counsel for the Defendant, recpiins the eviilcn, j of a supposed eoiitraet be- tween his client and the Plaintitf, for the convey- ance oi' the j)reinises mentioned in the pl(;adin<;s of this cause, to i\lr. McCiilloeh, which Mr. Ikiul- ton. Counsel fur .Mr. liandall, objects to, and be- cause tl.i-y cannot ajipoint an umpire who is un- objectionable to either party. H. J. BOULTO\, 3lBt Dec, 1816. "(C) PROCKKDINOS IN THE COmT OF Kl.Vc's BENCH. {From CampbdPif Manuscript RcjMrli^,) Kaster Teu.m, 5th Geo. IV., April, 30th, 1824. limiUon vs, Randall. This Court fully recoynizes the Rule of Hilary Teriii, 3rd, James I, which orders tliat no cause one ari^n"d and dettirm.iiied, shall again be broiii'ht before the Court. In Ihi . case, H'llph applied for a Rule to shew cause why tlio proceedings and juil;^iaei;t siiould not bt) set aside lor irre.niiarily; and why tiie writ of fieri facias, issued upon the said jlldi;ment, a^inust the lands and tenements of the Detendant, should not i)e superseded, with costs, ami reotilu- tioii made to the Defendants. A judgment i.iy delaull had been signed lii this casi!, and evecution issued, and the lanils sofd under it, sevtmil years ago ; and an application, similar to tlii! present, had been made by Stewart of Counst;! fortlie Delendant, who, ia Michaelmas Term, 18J1, had oblained a llule ^Jisi, but which, upon argir.nent, had been disi.diarged. Various irregularities weic, upon the present application, point.:' out by Mr. ttolph, some of wnichiiail probably not been insisted upon by Mr. Stewart in the former motion. Til-' Couiise! now went considerably at length into 1;. ■ supposed iircirnlnrities, and also read an ■'.'iidavit (wiiich was fyled) containing a statement of those! inegularitias, and of tiie facts and merits v/1 the Apphcanl's c.ise, — adverting abo to Iho pailiul want of considi'ration of the debt upon wliieh the judgment was obtained. He also cilt.'d many ca.-(!s of new trials at law and re-heariuL^s in eijuity. wliicli he considereil analogous. Ruinsso.N, .Vtlorii •>' General, contra — read an idiidavii rebnitiiig those facts and circumstances, but relied upon the universal j)raetice of Courts of Law (to which no excejition could be found) which doe; ;'.ot permit a cause once determined, upon motion anil argument, to be again brought iorwanl, either upon the ground of the same or other incijuiarities, not belore insisted upon. He cited amf read the Rule of Hilary Term, 3rd, James I, liy which it is ordered, " That if any " cause shall first be moved in Court, in the pre- " sence of the Counsel of both parties, and the " Court shall thereupon order between those par- '* tics, if tlu! same cause shall again be moved, " contrary to that Rule given by the Court, then " attachment shall go against him who shall pro- " cure that motion to be nnide contrary to the " Rule of Court so lirsl made ; and that the Couu- " sel who so moves, having notice of the said " former Rule, shall not be heard here in Court in " any cause in that Term, in which that cause " shall be so moved, contrary to the Rule of Court " in form aforesaid." The Counsel also cited au- tliorities, to show that no motion I'an 'e made upon the ground of irregularities, not noticed upon a lirsl motion. Ca.mpbei.i., Justice. — Upon the opening this matter. I thought it strange, and was indignant that the irregularities pt.inted out by the Defen- dant's Counsel should have taken place. What- ever were the ijrouiids, il now apj)ears that those irregularities have been discussed and decided upon for many Terms back. The Counsel has referred to a number of authorities which it was to be supposed he referred to, as upon a first ap- plication and discussion, but it appears that was nut ihe case. If they are to be considered as fur- nishing authority for opening ^ id re-considering PETITION — MACKENZIE, FOR RANDALL'S DEVISEES. 26 masters already docidod upon, they do not aj'ply. 1 Upon reference to tlio order in Hilary Term, 3rd James 1?'., it appears such second discussions can- not ba pennilted. Were it not for this salutary rule, nothing could bo more uncertain than the proceedings and decisions of Courts of Justice. There is also a penalty attached to tLa breach of the rule, which, as this is the first time it has been attempted to bo infringed in this Court, I should not wish to see enforced ; but upon any iuturc attempt of the kuid I should. Chief Jcsticr (Powell.) — I concur with my brother Cam, bell, and for the reason given by him, 1 also consider that the penalty may be dis- pensed with. Per Curiam — Application refused. Copy of affidavit by R. llandrdl, In the hand- writing of Hon. John Ralph. " In the King's Bench. Henry John Bouhon vs. Robert Ritiidall. — Robert Randall of the Township of Stamibrd, in the Niagara District, Esq., the abovo Defendant, maketh oath andsaith, tliat the landed property of this Deponent sold under the excLMition iss' ,1 in this suit, (as this Deponent was informed \)j Mr. Morris, Member lor the County of Carlton,) was not the Lot of land mort- gaged to the said Henry John Boulton, who was present at the sale, as mentioned in the condition of the bond on which the saitl action was in part brought, but certain other lands of this Deponent's, of very great value, and for a part of which this Deponent was oifered £3000 lawful money of Upper Canada, being the Landing Place, adjacent to the proposed site xbr the military and civil es- tablishments of His Majesty's North American possessions." (D) (From Manuscript Reports.) IN THE king's bench. Boulton vs. Randall, 1824. Trinity Term, 5th Geo, IV., Til > proper style of this Court is " befor*.: His Maj' sty's Justices," not beforo the King him- aelf " coram vobis," not, " coram nobis." V/ashburn, moved for an allowance of a writ j portant trifles to incite desire — no prospects of suc- of error coram mibis, \ cesii to animate witi' .jpe I Randall's care-worn Bou.'TON, (Solicitor General) — objected that i soul, vacant of emploj-mont, and harrowed up by ihe writ should be coram vobis, — that al! writs! thought, was there left to turn upon itself for years here sliould be returnable before His Majesty's' to witness hs own forlorn wretchedness, to mourn Justices. In England the Court of King s Bench ' the prospect it had lost, and brood over tiie mise- is ambulatory, following the person jf the King, I rics to come. It was thought that the poverty and but here it is stationary. In England, the Pailia- wretchedness brought upon him, would break ment may sit in Westraiiister, and th'i Court of down the spirit of the man; that nature, however The Attorney General, (Robinson,) observed, that if the writ was defective it might be quashed in this Court, or in Chancery. To this observation the Chief Justice (Powell) assented, observing, (witii the Court) that the style of the Court hitherto adopteil in writs, was improper, but that they would not interfere with a practice which 'lad ob- tained for such a length of time. Per Curiam — Writ allowed. (E) From ColUn''s Stenographic Report of the Trial of R, Randall, at Niagara, Sept. 7, 1825. EVIDENCE OP THE HON. THOMAS CLARK. " Witness held a Patent from the Crown for the Bridgewater W'orks. (Tiie Patent was produced.) It was dated 2iid January, 181'' it included the whole item sworn to by Mr. lUndall, and lOJ acres more. "Cross-E.vamined by Mr. Ralph. — Whness visited Mr. Randall while in gaol in Lower Ca- nada — saw him in Montreal Gaol — asked him to transfer to him (witnoss) his (Mr. Randall's) inter- est in the Briilgevvater' Works. Mr. Randall had a claim on one-thiril of the Bridgewater Works, under a lease for 999 years, fromGencal Simcoe. \7itiiess visited Mr. Randall in Montreal Gaol for other purposes also." Extract from Honorable John RolpWa Address to the Jury during said Trial : — " Randall has tasted the bitterness of protracted imprisonment in a Foreign Gaol — and it is now pro- posed to make him suffer martyrdom in life pillory! For seven years he was immured in a dungeon in Lower Canada, where he suffered privations, the detail of whicli would make humanity shudder. Engaged as you are in the active and diversified pursuits of life, there is much to occupy your at- tention, and divert it from a thousand rexationi which are attendant on the fate of the most for- tunate of men ; and even when business has lost its interest, or brought fatigue, nature opens her exhaustless stores, to invigorate the body, to de- light the senses, aiiJ to regale the mind ; but in a gaol, there is nothing to fill up a tedious existence it is there almost worldless as the grave — no im- King's bench where the '-" ig himsell is but in this Coi iitry the Court must sit where the Parlia- ment sits. buoyant, could not bear up against such compli- cated woes. Many, maiiv a man, thus made a prey to acuumulated sorrow, is doomed to Imng the UL .i/^>i- PETITION — MACKENZIE, FOE BAKDALL's DEVTSEES. Villi m ' 'X. ' ir ]\ m head of despondency, and when usiiered into pri- son, every remnant of former vigour, that might promise a successful struggle, is soon exhausted by despair. Hut Randall survived the wreck of his property, and the miseries of a prison." ikeniarlcs by the J'tlilioner.—Coimxcl Clark ad- mits on oath that, although ho kept Randall in prison, and sold valuable estates of his for a mere nominal price, through the Sherill, Randall had a claim on the Falls Estate, wilhh(!ld from him by Clark. Mr. Chief Justice Macaulay, when Bou)- ton's student had been directcui to swear that he (Macaulay) did not know wIuto Randall lived in the Home District, wliere Boultoii knew he had iwer lived, and that his home was a hundred miles distant, at Chinpawa. Through this oalli Randall was prevented from knowing that Roulton had proposed to make a demand of plea from him, which was no demand, for a scrap of ^/aper stuck byBoulton in an Olfico at Toronto, was no demand from Randall, who resided a hundred miles olF. Un'lur this pretended notice, however, BouUon secretly sold one of Randall's most invaluable es- tates, on a claim of about X142, which he got, and fSlieriir .Stuart (his brother-in-law) probably kept the remainder, about £'M)0 His heirs or as- signs, under 7Will.IV, cli.3,§:}, Sec. can plead the Statute of limitations; Randall got not a penny. Soon after, Mr. Macaulay, acting for tlio Crown under Boulton's directions, vainly tried to convict Randall for perjury, because he had sworn tli.at lands thus gambled or juggled from him were still h.,.] (F) HON. M. S. DIDWELL TO W. L. .MACKENZIE, Toronto, I8th July, 1835. My Dear Sir, — Respect for the memory of Major Rardall will induce me to do cheerfully and cordially, whatever I can for his devisees, without a fee ; and I, therefore, with many thanks for your liberality and kindness, return the note which you sent to me. Yours, truly, MARSHALL S. BIDWELL. W. L. Mackenzie, York Street. (G) MBSSBS. Fillmore, hall and haven, to w. l. MACKENZIE, Buffalo, Fcuij. 9th, 1838, (Copy.) " ilor.. W. L. Mackenzie, Sin, — Wc >.nderstand you are one of the Executors of Robert Randal!, late of Cliippawa, tapper Canada, deceased. We have been re(|uesled by (jerard Wilson and his sister, of Baltimore, and the representative of I Randall Wallis, to make some inquiry as to the shuation of the estate and its prospects. We un- ! derstand you are the only Executor who has acted under the -vill. May we trouble you to write us immediately upon the receipt of this, and give us such information in relation to the estate and its settlemiMit, as you can communicate from recol- lection, and such papers as you have under your control. From what we have been able to learn, we are led to think that Mr. Rai'dall was greatly injured by die (Joverinnent Party when living. " Please direct j'our answer to M. Fillmore, M. C, Buflalo. " We a;e, respectfully, " FILLMORE, HALL & HAVEN." [William L. Mackenzie made such a statement as his then situation permitted, and on the 14th of April, pioinisi;d lurtlier information.] Mr. Fillmore replied: HON. MILLARD FILLMORE (uow President of the IJ. S.,) TO W. L. MACKENZIE, (Copy) « Washington, April '2Qth, 1838." "Hon. \V. L, Mackenzie." Sir, — Yours of the 14th is received. I hope it may be convenient for you to give my partners the desired inrormatioii soon. You can address it to me at Buffalo, and if 1 auuiot there it will go into their hands. I am respectfully yours, MILLARD FILLMORE. H. HON. R. BALDWIN TO MR. J. H. CULP. Toronto, I'ith July, 1838. Dear Sir, — I should be happy to aliord to Mr. Randall's family, any professional assistance in my power in pursuit of any rights that may be found to be unjustly withheld from them. It would, however, be impossible for me, con- sistently with my other engagements, to leave the city at this moment, and indeed from the little 1 do remember of the subject matter of the business to which your letter refers, it would recjuire a much more lengthened investigation, preparatory to sub- mitting it to th'i consideration of any one, than I could at this time iippropriate to the purpose. It was, I believe, the subject of some Parliamentary report — if so, this might be made the foundation of an application to Lord Duiham. But if the matter is to be gone into fully, with the view of any judi- cial action upon it, you will, I am satisfied, find that it cannot be done but at the expense of much time and labour. Lord Durham, of course, cannot alter the legal relation of parties. An application to him for such purpose, would, therefore, bo inoperative. And fo.- any other, the Parliamentary Report, which 1 have not, however, at present by me, would, I In « PEIIIION— MACKENZIE, FOR RANDALL'S DEVISEES. 27 should think, answer every purpose ; at least if the subject was, as I presume it was, fully gone into; I remain, Dear Sir, Your obedient servant. ROBT. BALDWIN. Mr. J. H. Gulp, Drunimondvillo. I. GEORGE MAlLOCll, ESQ., — HIS EVIDENCE. The Petitioner, in a suit tried last fall Assizas, at Bytown, made inquiry after one of Hon. James Morris, brothers, wlio was at the sale of the Chau- diere K.stiite, at Brockville, but found ho had died. While (;eor|;^o Malloch, Esq., was under esamina. lion, as a witness for Judge Sherwood's heirs and divisees, Petitioner suggested to Mr. Lyon, M.P. P., then of Counsel in the suit, to ask him wheti'er he knew of the advertising of Lot No. 40 Nepeau, Ottawa Front, or was present at the sale. He replied that he did not recolleet being present at any sale, though he mi;jht have been : that Judge Sherwood, previous to the sale of Lot 40 had sent him out to Point Nepoan, to ascertain its real value: that ho supposed, thouffh he did not know, that the Lot had been advertised in the U. C. (fazette, but had no recollection of the fact : the BrockcUle Recorder was established about the time : he (Mr. Malloch) did not remember that any notice of the sale of Randall's land was inserted in it, though it might have been. It appeart^l in evidence, that Col Clark, who had acknowledged [See doct. E.] on oath the heavy claim Randall had upon the Niagara Falls, property, nevertheless kept his hold under the Crown Patent : got the £4,000 for damage done the mills in the war of 1812, and kept all from Randall, whom ho had lield 7 years in a gaol. He also seized Lots 10 and 11 first Concession, Rideau front, throe fourths of 10, second Concession, do., and Lot 38, first Concession on the Ottawa, all in Nopean, and worth to day £11500, and the Sheriti'sacnliced the whole to his own and Boulton's brothcr-iii-law, Levius Peters Sherwoml, late Judge, for £32 10s., tlie consideration money named in the Sheriff (Stuart's) deed. A^ain, in the Niagara District, 1200 acres of Randall's lands, somewhat incum- bered, were sold by the Sheritf for about £40. Such was the protection property got in 1819 to 1822. J. ^'nowN Land Department, Quebec, 22nd October, 18.'52. HON. JOHN HOLPH, TO W. L. MACKENZIE. Sir,— I duly received your letter having refer- ence to Lot 39 in Concession A. of Nepean, with enclosures. The claims set up to the Lot in ques- tion, have long been under the coiisideration of the Government, and much conflicting' action has been taken thereon at varioas times. The papers connected therewith are consequently voluminous. The case having thus become of imjwrtiuice, I am de.sirous that it should be thoroughly investigated, and justice done upon its merits ; and I have no objection to communicate any papers calculated to throw light upon the subject to any one in- terested. I have, &c., JOHN ROLPH. William L. Mackenzie, Esq. M. P. P. &c., kii., &c. Quebec. K. To His E.vccllcnqi, Francis fiore, Esquire, Lieutenant Oovernor of the Province of Upper Canada, S;c., S^c, SfC. In Council. Petition of Robert Randa'l, of the Town of Corn- wall, in the Eastern District of the Province of Upper Canada, Merchant, Humbly Shewetii : That your Pethioner has been resident of this Province ten years or ♦hereabouts. That he was the original Proprietor and Builder of the Bridgewater Mills, in the District of Niagara, being the lirst Mills in this Province that manu- factured Flour for the European Markets. That he was the Contractor for, and built the Church in the Town of Cornwall, whereby he sustained a considerable loss. That your Petitioner took the oath of allegiance to his present Majesty on his becoming a resident of this Province. Your Petitioner, therefore, prays Your Excel- lency, in (Jouncil, will be pleased to grant him such a p.'oportion of his Majesty's waste Lauds as Your £:■'■ 'lency, in Council, may think meet, and your Petitioner, as in duty bound, will ever pray. (Signed,) ROBT. RAND ' York, 20th February, 1809. Receiver General's Office, 23rd February, 1809. Mr. Robert Randall has paid into this Office forty-five pounds, eleven shillings and seven pence hall penny, Halifax currency, equal to £41 Os. 5d., sterling, for Patent feo on 1000 acres of Land, granted by Order of Council o( this day, under the Regulations of the 9th Jan., 1804. (Signed,) P. SELBY, Acting Receiver General. To John Small, ]§sq., Clerk Executive Council. 28 PETITION — MACKENZIE, FOK RANDALL'S DEVISEES. ■ 41 ll Read in Council, February 29/A, 180ft. Tlio Petitioner recommended for 1000 acres of land, under the Regulations of tlie 6tli of July, 1804. (Signed,) TIIOS. SCOTT, Chairman. Approved, (Signed,) FRANCIS GORE, Lt, Governor. Robert Randall : Referred to the Executive Council. Certified, (Signed,) FRANCIS GORE, Lt. Governor. WM. H. LEE, Act C. E. C. APPENDIX (A). The Committee on tlie i/ctition of Robert Randall, Esquire, met in the Joint Committee Room, February 13tii, 1828. PUESENT ; Messrs. Attouney Geneiul,* IMatthewh, EoLi'ii, and Bidwell. Dr. Lrfferty attended, and was examined. He states that he wasin-cscnt at the Assizes '*r Niagara in 181 8, where a cause of Randall IS. Phelps was stated to have been entered for trial — Mr. Justice Uoulton presided — saw Mr. Randall there — does not know on what day of the sitting of the Court it was. Ue was going from the Court House to Town for his witnesses, — understanding that Mr. lioulton (the .Soli- citor (Jeneral,) was going to call the cause on. While he was absent Mr. Boulton did call the cause on, and the Judge declined trying it, on the ground that he had been Attorney for the Plaintiff, and had instituted the action. — Dr. Lefferty then left the (^ourt House and went to Town, and meeting Mr. Randall on the way, told him that his cause would not be tried ; at which he apjieared much dissatisfied, and said he had that morning given Jlr. Boulton his note for 100 dollars for coming over to conduct his trial — Mr. Randall went into Court, and in his presence urged the trial of the cause, but the Judge positively declined. The Judge being pressed by Mr. Raudall said he had objected to taking that Circuit, because he was unwilling to try that cause — knows that Mr. Randall paid something more than 40 dollars to an Innkeeper at Niagara for the expenses of some of his witnesses. Mr. Randall produces a letter from Sir. Boulton, said to have been received 1st May, 1819, (marked F.)— also a letter from Mr. Boulton, dated Jlay, 18111, (marked G.)— also a letter from Mr. Boulton, of 8th July, (marked H.) — also a copy of a letter from himself to Mr. Boulton, dated June 2',lth, IBl'.l, (marked I.)— this letter he states he sent by one Jacob Dawn, to York ; also a paper marked K, certified by the Deputy Clerk of the Crown, as being a correct schedule of the original papers in the cause of Mr. Boulton vs. Raadall — was served with process on 22nd June, 1819, — and on the 29th June, wrote that letter marked I. — He saw Mr. Randall at the Assizes, in August, 1819, but did not speak to him respecting the suit. February 2\it. The Committee met again. The Petitioner attended. ^ Dr. Lefferty again called in and examined. Says he remembers in 181C, I\lr. Ju,stice Boidton, then Attorney General, conducted the trial of the same cause of Randall vs. Phelps — A nominal verdict was given and the cause was referred to arbitration — no award was made, and it Mas tried at the next Assizes for Niagara. * Now Chief Justice Robiusoii. PETITION — MACKENZIE, FOR RANDALL'S DEVISEES. 29 UTr. TJandnll states to tlie Committee that a different lot from that mortgaged to Jfr. Loulton was sold in execution to satisfy his debt, which Mr. Boulton says he has no doubt might have been, for he gave no particular directions to the Sheriff on the subject. William MorriB, Esquire, called in and examined by Mr. Pandal. Pays — he has no acquaintance with Jlr. Lelireton — knows Lot No. 40, in Nepean — called Point Nepean — heard it was sold either to Captain LeDreton, or Mr. Sherwood, now Judge Sherwood — Mr. Morris's brother attended the sale — it took place at the Court Uo\ise in Lrockviile, Nepean b>'ing then part of the District of Johnstown — does not remember how long he had heard of the sale before it took place. lie authorized his brother, being at Urockville (Alexander Morris,) to bid as much ns £3!K) for it ; he afterwards found that his brother had gone as far as jE44!t for it, but not liking to go further, it was bid off to Captain LeBreton or Mr. Sherwood for £450. licing asked by Mr. IJandall whether he did not tell him, !Mr. Randall, during the last Parliament, that he had only heard of the sale the niglit before it took place, answers that it was impossible, as he had himself walked to Point Nepean, (oO miles,) to see the Lot before the sale, and had in consequence sent the directions to his brother. A Sheriff's notic ;■ of the sale was put at his, Mr. IMorris's shop door in Perth, which is as public a place as any mer- chant's shop in Perth ; it was put up as notices always are, on the inside of the door ; knew nothing of the intended sale till he saw that notice — he went down, in consequence of a con- versation with Dr. Thom, who had received information from some person on the Ottawa, that Point Nepean was a valuable situation, and they consequently both went on foot to see it ; after his return he wrote to his brother, by post, the instructions spoken of, and he thinks that the sale took place a few days after, but he does not distinctly recollect the time. Had lie been present at the sale, he thinks he would have given as high as 7 or 800 pounds for it. If the property had been his, he thinks he would have been reluctant to have taken £2,000 for it. Captain LeBreton was at the sale : and his impression has always been that Mr. Sherwood either participated in the purchase or assisted Captain LeBreton in making it : but he knows not howr the fact really was. The Siieriff was John Stuart, Esquire, who is still Sheriff of the District of Johnstown ; he is brother-in law to Sir. Sherwood, and to the Solicitor General. Thinks Mr. Sherwood knew noth:ng of the value of the Lot until he was applied to by Captain LeBreton to join or assist him ia the purchase. Neither saw nor heard of any other notice of the sale in Perth, or the neigliborhood, or in the neighborhood of the Lot — has never conversed with any of the Messrs. ^Vrights of Hull, about the Lot — thinks they had no knowledge of the intended sale — found at ^Morris's Run, about five miles from the Point, that they were ignorant of it. The notice of the sale was not likely to have attracted the attention of people in general, as the Country was then so little known. He considered the place of great value from its situation with respect to navigation and water privileges, but not from any idea or knowledge he had of any grpat expenditure being likely to be made there by the Government, further than building a store or two for the recep- tion of emigrants. He meant, if he had bought it, to have given two or three acres to the Government for such a purpose. Thinks the Lot not worth so much now as it was then, fiom an establishment which has been made on a neighboring Lot by the Government since ; which has occurred, it is understood, from the refusal of Captain LeBreton to part, on reasonable terms, with the Lot or part of it, /or the purposes of the Government. The Committee met again on Friday, February 22nd, William Morris called again and examined. Asked, what sum he would have taken for allowing any person to spL ct an acre from the Lot at Nepean I*oint, had it been Ids ? — says he would not have taken less thau £500, and 80 PKTITION — MACICEXZIE, FOR RANDALL'S DE\7SEES. m I M perhaps not that sum — because the best raiil scat would probably be selected ; there are several mill seats on the Lot. Keven years ago, a village was laid out upon the Lot in question, by the present proprie- tors — does uot kuow what number of houses are built there, but thinks not more thuu three or four. * The Atlorneij General examined. AVas retained in lsl7, to defend Elijah Fiielps against T^obert TJaiulall, in which a verdict bad been rendered in favor of Itanda'l at tlie preceding Assizes, for iilO,()(J<^ — that verdict was set aside, and a new trial granted in October, LSlS. He was present as Coimsel for x;efen- dant at Niagara- he rode part of the way with Mr. Justice JJoulton on his way to the Assizes — it was iu October, 1818 — cannot say where he staid at Niagara. lie knew no more than any stranger in Court that the Judge intended not to try the cause mentioned above — tiu\t he went as (Jounsel prepared for the defence, when the Judge refused to try it. The Solicitor (ieneral seemed annoyed at it, and so expressed himself to him, (the Attorney General,) and thought it an unnecessary scruple on the part of the Judge ; that he had been the I'laintiif's Attorney in the suit : but the Attorney tieneral thought other- wise, and expected such refusal, though as unapprized of it as any stranger. In the course of conversation the Judge might liave expressed his reluctance to try the cause , and he has an indistinct recollection of its being the case about the time of arranging the Circuits ; but he had no reason to think the Judge hauy, and he proposed to Mr. Sherwood to join him in purchase, or to lend him money to enable liim to buy. lie stated to Capt. Le Breton that he was not inclined to buy land at that time, but thi ; he wo.dd impiirc about the lot ill question ; that at any rate he v/ould take part of the lot from him if he bought it, or would advance him the purchase money if he would give him security. Mr. Sherwood was present at the sale, but did not bid. Captain Le Breton bought it ; there were other bids, and thinks lands of other persons were sold on the same day by the Sheriff in presence of the same bidders. Thinks between twenty and thirty persons atttended, had seen the Sheriff's advertisement of the sale under Sir. Boulton's execution, before Captain LcBreton came to him, but knew nothing of the particular Lot. and a day or two afler the sale, he took from Le Breton a conveyance of half his interest in the lot, (an undivided moiety) id became responsible to the Sherifi' for the purchase money, of which Captain LeBreton sub- sequently paid his half to Mr. Sherwood ; the amount bid for thj lot was £J:i9, to the best of his recollection. lie docs not know that any person united with Captain LeUreton in the purchase at Sheriffs sale, but thinks there was not ; a partition was made some months after betook the deed from Captain LeBreton, as tenant in common. Captain LeBreton has sold part of his moiety, as he thinks, to one Bellows. (He Mr. S.) has not yet sold any part of his portion, except that he made an exchange with Captain LeBreton of a small part after partition was made. He has laid out the front of his proportion of the TiOt into small lots, and Captain LcBreton he has been told, has done the same ; has nevCir understood what price Captain LeBreton has put u])on his share of the land. An application was male to him, from the Quarter :i\Lister(ionerars Office, at the desire, as he understood, of the Commander in Chief, for a purchase of a part of the Lot ; this was some time after the sale to him ; has under- stood that a })roposal was also made to Captain LeDreton at Quebec, by the Commander in Chief, which, however, did not end in anything satisfactory. Does not know what price was offered to Captain LeBreton, no specific offer was made to himself. Considers the Lot valuable from its situation, affording a good landing place at the head of the navigation, and there is a good mill site and perhaps several on the Lot; the land is in PITITION— MACKINZIE, FOR RANDALL'B DBVISXBS. 88 |il had made the Mr, iWcDonald 2>], 1828. I'lff examined in knows No. 10 reton was pur- lic, J\[r. iSher-. If^i^). On the >nd stated, that LcLireton re- icnt money, as -^fr. Sherwood c(J to Capt. Le liiirc about the 2 boiiglit it, or ?ton bought it ; ime day by the sons atttendcd, before Captain r two after the ivided moiety) LeBreton sub- to the best of ? purchase at Kr he took the (He Mr. S.) with Captain and Captain rice Captain 11, from the lor in Chief, has under- umander in r was made the head of land is in general rough. There is a Town he understands laid out near it called By town, and it is proba- ble that that circumstance renders the Loi of less value than it has been supposed to be. WTien he was last at the lot there were two government storehouses built of logs on the lot, and a small dwelling house near that, kept there as an Inn. Has heard since, that a good house has been built by one Bellows, a Merchant, where he believes an Inn is now kept, and there is also another house in which one Hollister lived, who likewise kept an Inn, and has heard that another house has also been built there ; one Firth is living with Berry in the house first spoken of. To questions put by Mr. Boulton, states that he never understood the sale was Intended to be kept secret by the Sheriff: has heard the Sheriff say that he seat advertisements to Nepean and Perth, and to several parts of the District : has no idea that the Sheriff was at all aware of the value of the lot No. 40; he (Mr, S.) knew nothing of it till informed of it by Le Breton. In 1821, Mr. Randall came to him (Mr. Sherwood,) at York, andspoke to him respecting the sale, saying that he understood the land had been sold, and that he was aware that he, Mr. Sherwood, owned part of it. Mr. Randall appeared to be dissatisfied with the judgment which had been obtained against him, saying that Mr. Boulton had not treated him well ; he said that he had no knowledge of the sale till he was told of it during the sitting of the Legislature then in Session, by Mr. Morris or some other person. At a subsequent Sheriff's sale of Mr. Randall's lands, at the suit of Mr. Clark, he, Mr. Sherwood, bought No. 11 in Nepean on the Rideau ; does not recollect the price ; it was, he thinks, under £20, nearer ten than twenty ; the quantity of land was somewhere about 60 or 70 acres ; had this lot been offered to him in 1816 or 1817, he would not have given a dollar an acre for it, but it might have been worth much more. When he understood a question had been made about the land (No. 40) being properly advertised by the Sheriff, he took pains to inquire ; and so far as he can depend on the statement of the Sheriff, his belief is, that the land was as well advertised as Sheriffs' sales usually were then, which was before the passing of the Statute on that head in 1822, and more regularly than they sometimes were in other cases : no fact has come to his knowledge to lead him to think otherwise, but the reverse. Robert Baldwin, Esquire, a Barrister and Attorney, attended. Recollects the rule of Court under which it is stated the interlocutory judgment in Boulton vs. Randall was signed ; was a Clerk in his father's office at the time the rule spoken of was caused to be in force ; the practice was then agreeable to the rule ; whether such practice was consistent with the Statute or not, he could not then judgo. Remembers the cause of Sommers vs. Pettit, in which his father (W. W. Baldwin, Esquire,) was Attorney for the Plaintiff, and Mr. Boulton for the Defendant : upon reference to his father's docket, he finds that interlocutory judgment was signed under the same rule of Court as in Boulton vs. Randall ; knows Mr. Boulton exerted himsell' as much as possible for the Defendant, but the judgment was finally entered on the assessment. That cause was an important one as to value : the judgment was for about £500. The inter- locutory judgment in Sommers and Pettit was signed 29th July, 1820 : demand of plea was put up in the Crown Office on 26th July, and affidavit fyled that Defendant's place of residence in the Home District, was not known to the deponent. Upon questions put to Mr. Boulton by Mr. Randall Mr. Boulton states, that he was retained by Mr. Randall in Randall vs. Phelps, and received five guineas, and that Mr. Justice Boulton claimed £50 for his services rendered to Mr. Randall when he was at the Bar, which formed part of the sum for which the bond was given. Mr. Randall being asked by Mr. Boulton, whether an account, of which a copy appears published In the Colonial Advocate of June 26, 1825, was not furnished by him to the Printer ; and whether he, Mr. Randall did not receive such an account from Mr. Boulton ; he says he has no doubt it is so. Being asked as to the services specified in that account, he does not deny they were rendered, and does not remember whether he ever objected or not to any of the charges made. Mr. Boulton to Mr. Randall. York, 6th July, 1819. Sir, — From what has occurred, I suppose you do not wish me to advocate your two causes at the next Assizes : if that is the case, I should wish to know it immediately, as it will save me 84 PETITION— MACKENZIE, FOB IIANDALl's DEVISEES. aojrif tron])lc. Tndppd T nm not very nnxious to be the advocnti^ of a person who is so very 'llibiTiil in his .sentiments, because T sliouhl expect (from the specimen in your f'jrmer letter,) that shoiihi all my eff'irts prove of no nvnil, you woiihl accuse me of not sufficiently exerting myself, ami allowing tlic other side, from improper moti\ C8, to obtain undue advantages. At all events, in order that I may not subject myself in future to the like treatment and similar observations, I shall expect the fee with my brief, to be advanced, which will preclude all misunderstandings. If possible to be jjrocured, yon should have the original note upon which the judgment in Mr. Clark's suit was obtained, ^'ou had better write to some of yom- friends in Montreal, to apply to the oHicer of the Court for it, who perhaps will give it up. Your obedient servant, H. J. BOULTON. To Robert Randall, Chippawa. r'^ii YonK, May 24th Juh/, 1820. — Affidavit of non residence sworn, and domnnd of pUn put up in the ofiice. 'I'Mh Jiihi, do. — Interlocutory Judgment signed, for want of « plcii. Michiielmui Term. — Motion for new trial on paymrnt of costs refused. Verdict MM. W. W. IJ.VLDWIN, for riaintiff. Heron vi. Hewitt. KhIi Jaiinarj/, 1820. — Appenrnnce per Statute. 2r)(h Janu/iri/, do. — Oemnnd of plea put up in the office. Affidavit of non residence allowed in i)ill of costs. 31 Ae within RD, )fficer. RandaU, fyled of this 8th ,L, ■own. imford, ton, of )ney of Execu- nyself, 1, and d and andall lying imea- leBi. {Copt/ of the Promitortf Note.) For value received I promise to pay Henry John Boulton, Esq. or order, the sum of twenty-five pounds seventeenth October, 1818 — payable 1st May next, B. RANDALL. I certify that the preceding paper writing contains true copies of a bond and a promis- sory note, fyled of record in the Crown Office, in the cause of Henry J. Boulton, Esquire, against Robert RandaU. In testimony whereof, I have hereto set my Hand and affixed my Seal of Office, tlua seventh day of February, 1828. JAMES E. SMALL Deputy Clerk of the Crown. No. 8. A list of property on which Robert Randall declares his eligibility as a Candidate to be returned to the Commons House of Assembly as a Representative. The place known as Bridgewater Works, on the waters of the Niagara River, between the mouth of the River Welland and the great Falls, in the Township of Stamford, district of Niagara. 4 Frame dwelling houses under two stories, with not more than two fire-places each £36 ,"■& 140 1,200 Acres of land, being the north part of the Lots, Numbers 16, 16, 17, 18, 19 and 20, on the south side of the river Welland, in the Township of Wainfleet, Dis- trict of Niagara 240 Compensation allowed for the destruction of the Bridgewater Works in the late War with the United States of America, detained in the hands of this Government by my order £4,00 » 776 acres of land. Lots No. 38, 39 and 40, in the Ist Concession from the Grand or Ottawa River, and the broken fronts of said Lots in the Township of Nepean, Coun- ty of Carleton, District of Bathurst ^^ It ■ 38 I'DIITJON. — JJACKEXZIE, FOli RANDALL's DEVISEES. 4.7' acrrs of Inml, broken T.ots, Xo. 10 nnr'. 11. 1st Tonccssion Lot \o.^ 11, and the Kusteriimost or frant thrce-foiirthi ot Lot Xo. 10, in the secoiul concession npou the lUvcr rideiui. Ttwn.sliij) , i' Xepcan, County of C'arlcton. Di.sfrict of IJathurst SlU 400 acres of land, Lot.s Xo. 1 1 and 12, in tlic eighth Concession of tlic mship of Matilda, County of Ihmdns, Eastern District 80 400 acres of land, liOts Xo. 10 and 11, sixth Concession of the Township of Yongo, County of Leeds, l>istrictof Johnstown 80 'J'otalj 322''> acres assessable property — amount o*' rates, £7S(i HODERT RANDALL i-' ' ' !i « Chippawa, July 2f;t:i, 1S21. 1 certify tliat tlie paper uritinj:; marked Xo. 1 . hereto anncNed, is a correct statement of the proctedings in tlie cause wherein Jlenry John Doidton, Ivsquire, is Plaintiff, and IJobert Randall. i;M(uirc. is Defendant; and also that the paper writiniij marked X'^o. 2, also hereto annexed, contains true copies of the appearance paper, affidavit .jf non-residence, and demand of plea— and tlie interlocutory jnilgment paper, with their several indorsements fyled of record in the Crown Ufiice in the abovcsaid cause. In testimony whereof, I have hereto set my Hand and affixed my Seal of Office, this first day of Aiigiist, in ihe Year of Our Lord one thov and eight hundred and twenty-eight. JAIMES E. SMALTi, [o. r.] Deputy Clerk of the Crown. Xo. 1. In the Kixr/s Bench. Ileiiri/ John Bonlton, Plaintiff, "1 This action was commenced by a Writ of Summons • vi. Vin a plea of debt, issued from the Crown Office at York, Robert Randoll, Defendant-. ) in the Home District, on the thirty-first day of May, 1810, returnable the first day of Trinity Term, Ibl!). being the fifth day of July of that year. This summons, with tlie declaration a.mexed, was fyled in the said Crown Office on the 13th day of July, Islll, with an affidavit made by i^anuiel P. Jarvis, before Thomas Dickson, on the 24th day of dune, 181!), stating that the same was served on the Defendant by the Depo- nent, on tlie 22nd day of June, of the same year. On the said llith day of June, 181!), an apjicaranco for said Ui'fendant in said cause was entered hi said otrice liy said Plaintiff, and on tlic same day a' ilfidavit made, on tl.j IShh day of July, 181!), before John Hmall, Clerk of the < rown. by tlic pre.ent Honorable James 1). jMacauiay, then a student at law with the said iiec.i-y John liouitoa, stating that the place of residence of the Defendant, in the Uome District, m'us unknown to the Deponent, and also a demand of plea were fyled in the Crown Office. On the ITtli day of July, Is]!), interlocutory judgment was signed, and final judg- ment entered for tvo hundred and twenty-five poiuids debt, and five pounds three shillings and eight pence daniajits and costs, amounting altogether to the sum of t" w hundred and thirty ])oinid«. On tlic fifVli of ()cto")c:", ISI!). a Writ <>[ fieri far his. against tlic goods and chattels of the Dcfciiila-it nas issued upon a pnecip'j fyled by the Plaintitt", direcicd to the Sheriff of the llonic l)istrict, returnable on the first u;v. of I\Iicha;huas Term followi:'g, being the first day of Xovembcr, 181!). This execution, wi'li a retnru of nnUa bond, by the Sheriff of 1 lie ir^nne District, was fyled in the sai^I Crown Ofl'ce on the return day, and on the same day a \\\\\ of ffri _/*■■ /'m ag.iiiut tlic 1 defendant's '"•n.ds and tenements was issued, (upon a pvivcipc fyled b_\ the I'lainlifl',) d'rcctcd to the ^herilFot the Johnstown l)i^trict, and retum- i!)lc the last (lay of .^'icliiclma ; Term, 1820. which Writ svas fyled in tlie said of)!ce, o.i the ITth ilay of .March, 182o, with tin- following return by the Sheriff of the Jo'^nstown District I PETITION — MACKENZIE, FOR RANDALL's DEVISEES. ffO V>y virtue of the Writ to me directeil, I Lave caused to be mmle by the jjublic sale of the lands and tenements of th(> within named Defendant, lujhert l^anda!!, tliat is to sa}', I^ct number forty, in tlto first Concession of Xopr-an, in the Johnstown District, together with its broken front, in front thereof, on tlic Ottawa or (Jrand Uiscr, the debt and dama^^es tlierei-i mentioned, v.'hicli I have ready before the Lord tlie Kin^, to be rendered to the said Henry -lolin l!o' '.Ion, for his debt and damages aforcs".id, as within 1 am commauded. I (Signed,) JOHN 3TL'AUT, Sheriff, District of Johnstown. No. 2. In the KiNci's Bench. Trinity 5'J Geo. III. Henri/ J. Boulton ona, &c. ^ The Plaintiff appears for the Defendant in this case vi. > according to the Statute. Robert Randall. ) H. J. BOULTON, In person. Indorsed on the above. In B. R. Boulton, ) vs. > Appeared. Randall. } Fyled 13th July, 1810. J. s:\iALL, a a H. J. BOUDTON. In thh Kino's Bench. IT. J. Boulton, one, &c. ") The Plainti v$. >ant by Robert Randall, J Trini;y Term, 69, Geo. III. ntiff deniands a plea in the cause from the Defend- Yours, ifec. To Robert Randall, \ H. J. BOULTON, Plaintiff in person. The above Defendant. James B. INIacaulay, of the Town of York, gentleman, nuiketh oath and saith, that the above named Defendant, llobert Randall's place of residence, in the ITome District, is not known to this Deponent. J. B. jMACAULAY. Sworn before nj'i this 13th day of July, 1819. Entered 18th July, 181?. J. SMALL, Clerk of the Crovn. J. SMALL. . , .^ • Indorsement on the above. \f i» 40 PBTITION- -MACKENZIE, FOR RANDALL*S DEVISEES. n. J. Boulto-1, \ Robert Randall. J Affidavit of non residence and demand ofpleafyled 13th July, 1819. J. SMALL, C. C. H. J. BOULTON. Senry John Boulton, Robert Randall. 17th July, 1819. } In the King's Bench. Trinity Term, 69 Geo. III. The Plaintiff signs Judgment in this cause by default for want of a plea. H. J. BOULTON, Plaintitf. Indorsed on above. In B. B H. J. Boulton vs. Robert Randall. Interlocutory Judgment fyled 17th July, 1819. ..} Trinity Term, 69, Geo. IIL J. SMALL, C. a H. J. BOULTON, Plaintiff in person. !Janada, ^ iistric y wit: J No. 10. George 'he Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith. Upper Canada, Home Di To wit To the Sheriff of the Home District, greeting (L. 8.) We command you that you cause to be levied of the goods and chattels in your District, of Robert Randall, as well a certain debt of two hundred and twenty -five pounds, which Henry John Boulton lately in our Court before us at York, recovered against hin?, as also five pounds three shillings and eight pence, which in our same Court before us were awarded to the said Henry John Boultuu, for his damages which he had sustained, as well by occasion of the detaining the said debt, as for his costs and charges by him laid out about his suit on that behalf, whereof the wid Robert Randall convicted as appears to us of record, and have you that money before us at York, on the first day of Michaelmas Term next, to render to the said Henry John Boulton, for his debt and damages aforesaid, and have there and then this Writ. Witness the Honourable William Dummer Powell, 0. J., the seventeenth day of July, in the fifty-ninth year of our Reign. JOHN SMALL, Clerk of the Crown. H. J. BOULTON, In person. H* Indorsement on the above. ff. J. Boulton, vs. Robert Randall, Fi. Fa. Beturo and ^yled 1st Nov. 1819. Nulla Bona. The auswer of SAMUEL BIDOUT, Sheriff. J. SMALL, 0. 0. ria person. Kingdom of itteU in your •five pounds, Eunst him, as fore us were d, as well by out about liis if record, and , to render to and then tlus ;eenth day of LL, of the Crown. anauu, . Britain auu x. — , ,^ _istrict, &c. I Grea ^.^,^^,^ 8) TotheShenftofthaJohni ttat of the goods and Lsaforesaid. fnd th^ ^^eturned to m Novew net In person. -?^!.«iil MDOUT, Sheriff. ./the'wiU'fi.fc.'^-^-y'"''^?L 8T0ABT, Sheriff. B^eived the amount of t^e witmn ^^^ ^^^trict Johnstown. lLL, 0. 0. 42 PKTITION— MACKENZIE, FOR EANDALL'S DEVTSEE3. Boulton V9. Randall— f\. fa : Lands and Tenements, Fylcd and returned 17th March, 1825, J. SxMALL, 0. 0. Received the 13th Nov. 1819. JOHN STUATIT, Sheriff, Johnstown District. 2 Deeds £2 ('. 8 Poundage 3 4 Kcturuiug Writ , 3 8 £5 13 4 I certify thiit the foregoing aie true copies of tlie fieri facias against tlie goods and cliat- tels of llobert Randall, Esq., and also of the fieri facias against the lands and tenements of the said Robert Randall, Esq. with the ncveral indorsements thercop at the suit of llcnry John Boulto 1, now filed of record in the Crown Office. In testimony whereof I have hereunto set my hand and affixed my seal of office, the ninth day of August, one thousand-eight hundred and twc *v eight, and in the ninth year of llis Majesty's Reign. V. ' "^iES C. SMALL, G. R. No. 11. Sheriff's return on a writ of fi. fa. against the lands of Robert Randall, Esq., at the suit of Th. mas Clark. Issued 15th February, 1821 — returned and fyled in the Crown Office — 17th March, 1826. By virtue of the within writ, I seized and took into my hands and possession on the first day of April, 1821, the lands and tenements of the within named Robert Randall, in Ncpean snd Yonge, in the District of Johnstown, and have exposed a part of that to public sale, and have sold a part thereof at such sale to the value of £32 1^, and the residue of said lands and tenements still remain in my hands for want of buyers. JOHN STUART, Sheriff, District Johnstown. Levy indorsed on writ, £484 4 10, besides Sheriff's fees, &c. Sheriff's return on a writ of fi. fa. against the lands of Robert Randall, Esq., at the suit of Thomas Clark, Esq., issued 17th January, 1830, and fyled in the Crown Office, 7th Sept., 1825. By virtue of the writ hereunto annexed, I have caused to be made of the lands and tene- ments of the within named Robert Randall, the sum of thirty-three pounds eleven shillings and four pence, which money I have ready before the Lord the King at the day and place within contained, to render to the within named Thomas Clark, in part of his damage within mentioned, and I further certify that the said Robert Randall has not any other or more lands and tenements in 'my District, whereof I can cause to be made the residue of the damages fkforesaid. The answer of RICHARD LEONARD, Sheriff. PETER T. PAWLING, Deputy Sheriff. PETITION — MACKIKZIB, TOR RANDALL'B DEVISEES. 48 0. briff, listrict. 8 8 R. No. 12. Whereas Hobert Ilandall has by Petition, complained that he has suffered great loss and injustice under a Judgment ohtuined against hinj in the Court of King's Hench, in this Pro- vince, by Henry John iioulton, I'lsquire, His Rlujesty's Solicitor (Jeneral, whicli Judgment tho Petitioner alleges was obtained against the rules of law and equity ; and whereas adequate relief cannot be afforded by the said Court of King's r>cnch, and it is therefore expedient that 'an inquiry should be made into the wrongs alleged, and right be caused to be done, if upon due mquiry under oath it shall be made to appear that such great injustice has been done. Ite it therefore enacted by the King's Most Excellent Majesty, &c., that it shall and may be lawful for the Honorable John Walpolc Willis, one of 1 lis Majesty's Justices of the Court of King's Bench, in and for the Province of Uj)pcr (hnadn, under and by virtue of this Act at York in the Home District, to inquire into the truth of the statements in the said Petition set forth, and for the purj)ose of that inquiry, it shall and may be lawful for the said I lonor- ablc John VValpole Willis, in the presence of the parties or their Attorneys, or such of them as shall after due notice appear, to summon and examine upon oath all witnesses deemed necc»- sary for the nttainment of justice between the parties, and to enable the said Honorable John Walpolc W .lis to inform his Judgment in making his decree or decrees as hereinafter men- tioned, and any person convicted of wilful fulse swearing before the said Honorable John Walpole Willis under this Act, shall be liable to the same punishment .is if now inflicted by the laws of this Province upon persons guilty of perjury. And be it &c,, That the aforesaid matter shall be heard and determined, and the #it- ncBsrs examined in an open (.'ourt, whereinto all His Majesty's subjects shall have free access. Provided always, that it shall and nuiy be lawful fur the said Honorable John Walpolc WiUi* to commit any person for a contempt of the Court for a period not exceeding one month, and to fine such person a sum not exceeding fifty pounds. And be it &c., Thot it shall and may be lawful for the said Honorable John Walpole Willis, having heard the said Petitioner and the said Henry John Doulton, cr I such other persons as he the said Honorable John Walpole Willis shall summon, or sucu of them aa shall appear after due notice, to make such decree or decrees for either the confirmation or the reversal of the said judgment and of the proceedings had thereupon, (and of any sales of land heretofore made under and by virtue of the said judgment as he, the said Honorable John Walpolc Willis, shall deem necessary for the doing of justice between all parties interested in the matter. And be it Ac., That any decree made by the said Honorable John Walpole Willis, under and by virtue of this Act, shall be obligatory and binding upon the person against whom or in whose favor the same shall be made, and if any person against whom or in whose favor any decree shall be made, shall neglect or refuse to comply therewith, it shall and may be lawful for any person interested in such decree to have the same registered, which decree so registered shall have the same virtue and effect as if the said decree bad been literally obeyed. And be it lurther enacted, &c.. That every decree made by the said Honorable John Walpole Willis, shall be under his hand and seal, attested by two witnesses, and made on or before the first day ol January, 1829. And be it further enacted, Ac, That upon the production of any decree aforesaid, and a copy thereof to the Register of any County or Riding in this Province, in whose County or Riding tlie land in the said decree mentioned shall lie, and upon an affidavit made before such Register or his Deputy, or any Commissioner of the King's IJench for taking affidavits, of the due execution of tlie said decree or decrees before such Register, it shall and may be lawfUl for him to register the said decree in his office, and to fylc a copy thereof, and for such registry and fyling to demand and receive the sum of one pound. And be it further enacted, &c., That it shall and may be lawful for the said Honorable John Walpole Willis to award against cither of the parties such costs and charges as he shall deem right and just, and for the recovery of which costs and charges so awarded, it shiU and majr be lawful for the party mterested to proceed by action of debt in any Court of Record in this Province. :>*;* 44 PfiTrnON—MACKENZIE, POE TAOTALL^S DEVISEES. Yeah— Beardsley, Beasley, Clark, Fothergill, Hamilton, Horner, McBride, McCall, Perry, Thompson tf York, Thompson of Frontenac, Walsh, Wilkinson, and Wilson, — 14. Nays — Illessrs. Attorney General, Bumham, Cameron, Coleman, D. Jones, J. Jones, McDonnell of Trescott and Russel, McDonell of (jliengary, McLean, Morris, ScoUick and Vankoughnet, — 12. York, VMh July, 1829. Siu, — An action of ejectment is brought by Mr. Sherwood against one Firth, who is in possession of part of the Lot at Point Ncpean, on the Ottawa Kiver, which you complain has been illegally sold under an execution against you. I am defending the action, and have instructed Mi. Radenhurst of Perth, to manage the defence at the trial. If the sale was illegal, for any cause stated by you, and more particularly for want of being fairly advertised, you have now an opportunity to take the opinion of the Court upon it, by enabling Firth to iirgc X\xi*. objection against the Plaintiff's title. The Assizes for Perth commence on the 18th August. Any evidence you can furnish on the subject, or any professional assistance which you may desire to engage, Mr. Badcnhurst will willingly avail himself of I am, Sir, Your obedient svrvant, JOHN B. ROBINSON. Robert Randall, Esquire. 'M it 4. No. 14. Perth, 23rd Augwt, 1828. Robert Randall, Esquire. Dear Sir, — I received your several letters with the documents enclosed, respecting the suit of Doe ;■ dem Sherwood vi. Frith and Berrie, for part of the land formerly your property at Nepean Point. Man;' of the papers you sent were entirely useless, as the Judge would not permit evidence to shew how the judgment in Boulton's suit was obtained. Nor could I, in addressing the Jury (as you wished,) allude to that circumstance, but was entirely confined to what was put in evidence by the Plaintiff, viz : the judgment, executions and sale, and even in this I was once or twice interrupted by the opposite Counsel, and censured by the Court, for what they considered exceeding my bounds. I obj ^ced, as yon requested I should, to the trial proceeding at all, which the Judge paid no attention to, as he considered it was casting a censure on the conduct of the Court of King's Bench, which he could not listen to. The Plaintiff did not produce liny notice of the sale whatever, nor show that any such was given previous to the'sale taking place. Upon this and some other ]>ointi;, I moved for a non suit, and the Judge reserved the points. We were also anxious to snew that Colonel By required the property for the Gfovemment use, for the pur- poses of the Ri'?au Canal ; this evidence the Judge refused receiving. Di &ct, he seemed unwilling that any point that could operate in yours or the tenants' favdur should go to the Jury ; and w^ the Jury at that Assize were persons little acquainted with their duty or vitJi Courts of Law, they implicitly followed the directiong of the Court, which in this case was for the Plaintiff, and gave a verdict accordinjgly. I remain, Your obe^ent servant, THOS. RADENHUHST. McCall, -14. Jones, lick aod 1829. rho is in ^lain has id have Kle was I'ertised, iFirth to PETIinON— MAOKXNZIB, FOR BAKDALL'S DEVISEES. 4h No. 16. TOWN OP BHKKWOOU. Inconsequence of the decision of the Court of King's Bench, held at Perth, on the 20tU instant, proving the subscriber's indisputable title to that valuable tract of land, in the Township of Nepean, formerly known by the name of the Richmond Landing (at present the town of Sherwoood) and adjoining to Bytown. lleports, prejudicial to the title of said land, having been maliciously circulated by a personage of high rauk and rcponsibility, have here- tofore prevented the subscriber from disposing of £»iid land. The situation is most beautiful and salubrious, being on the south side of the Chaudiere Falls, with the Grand Union Bridge abutting on the centre of the front and leading through the main street. It is replete with mill sites, and for commerce no situation on the lliver Ottawa can equal it. The subscriber is determined as much as possible to confine his sales to persons of respectability. J.'HN LE BRETON. Britannia, Ottawa Kiver, 2Cth August, 1828. Unios Hotkl, Chatidieke, UrPEB Bytown. Firth and Berrie beg to make their most grateful acknowledgments for the very liberal patronage and s ipport they have received from their friends and the public, for the long period of nine years, of which it will be their earnest study to merit a continuation, by contributing to the utmost of their means and power, to the comfort and accommodation of those who iavor them with their countenance and support. The romantic and highly picturesque situation of the Union Hotel, which commands a most interesting view of the mountains and scenery in the vicinity of Hull — the islands and banks of the noble Ottawa— the magnificent Falls of the Chaudiere, over which bridges are now about completed ; and the works and improvements in Upper Bytown will render this place a delightful retreat either to the delicate, invalid, or scientific tourist. The accommodations will be of a superior kind ; the table will be furnished with the choicest viands that the season and the situation of the country will afford, and the wines and liquors will be of the best quality that can be procured, either at Bytown or from the most respectable dealers in Montreal. Bytown, Ist September, 1828. No. 16. Lot No, 40, in the first concession of the Township of Nepean, with its broken front was sold by Sheriff's sale, on the eleventh day of December, 1820, at the suit of Henry John Boulton, Esq., and purchased by John LeBreton, Esq., for the sum of £449 cunency. A. M'MILLAN, Deputy Ileg^ter. No. 17. The Lots Nos. 88 and 40 on the Ottawa, and No. 10 on the River Rideau, were all sold by the BhcriT s order in the Court House, Brec' viUe, and purchased by L. P. Sherwood, Esq. R. SHERWOOD. \ 46 PETITION— MACKENZIE, lOR BANDALL'S DEVISEES, PLAN. Please call on Captain Collins, near the mouth of the Jock, on the Rideau, and he will Bhew Major ItanduU the front of Lot Nos, 10 and 11 drawn by him. Major Patte-,1, ^- ^• llegister Office, Prescott. No. 18. Beoibtgr Office for the Counties of Leeds, CrKENVILLE AND CAnLKTON. Elizabethtown, Hth February, 1811. I hereby certify that no memorial of any deed, conveyance, or other incumbrance from Robert Randall, to any person whatever, appearr, registered in the Books of this office affect- ing the following parcels of land, that is to say, Lots Nos. 10 and 11 in the sixth concession of Yonge, broken Lots, Nos. 10 and 11, in the first concession of Nepean, Lot No. 11 in the se- cond, and the easternmost, or front, three-fourths of Lot No. 10 in the second concession of Nepean. LEVIUS P. SHERWOOD. Register.. No. 19. (Copy.) CoRNWALt, Bth October, 1807. Dear Sm, — I enclose you two petitions, one for two hundred acres of land, agreeable to the regulation of the Province, providing for settlers ; also one for a lease of Lot No. 39, in the first coiccssion (or) front of the Ottawa River, opposite to the Falls, known by the name of the Chaudicire, in the Township of Nepean, a short distance above the mouth of the River Rideau. The petition for two hundred acres, as a settler, I have left a blank for you to fill up, agreeable to the instructions hereby given. If No. 39 is a reserved Lot, as I presume it - is, and if there be a broken front, which I also think there is, and likewise a broken front to Lot No. 38, lying adjoining No. 39, on the upper side, and should there also be a broken front on No. 40, adjoining No. 39 on the lower side — provided those fronts will be sufficient to fill my claim for two hundred acres, you will please to lay my petition upon the said broken fronts, comprehending all water privileges as far as the channel of the Ottawa or Grand Ri- ver, including all lands between the channel of said River and the banks of the main, firom the west line of Lot No. 39, running ten chains below the East line of Lot No. 40. This, Sir, requires an explanation. There are four small islands at or near the Chau- di^re Falls, which lay so situated as to make them actually necessary to be procured for the fmrpose I have in view, which is to extend a dam, from the main bank to the upper islands, ying at the Falls, and taking the water between the main and said islands, for the purpose of a grist and saw mill. The Ottawa River is very narrow at the Chaudi^re Falls, therefore you will find the distance to be but short, from the main to the channel of the river, and the quantity of acres which those islands contain cannot exceed 20, but government not having it in their power to grant islands, makes it necessary to apply in this way, as government can make a grant in this way that will be as effectual as if the islands were expressed in the deeds, but should the broken fronts of Lots Nos. 38, 39 and 40 not be sufficient to fill my claim, you will please to lay the claim upon the broken front, let there be what quantity there may, and let my petition lay open for tiie deficiency to be laid in some other place. Provided that Lot PETTnOK— MACKENZIE, FOR RANDAIL'S DEVISEES, 47 Leeds, No. 39 should not be reserved for the clergy, and that Lots Nos. 38 and 40 should not be granted ; please to ltt> my claim upon as much of the fronts as the same will cover, comprehending the privileges of the waters of the river, and bound by the channel of said river ns already de- scribed, provided there should not be broiien fronts to the aforesaid Lots, and that 38 and 40 have already been granted, and shcald No. 39 be reserved for the benefit of the Crown, en- deavor to prevail on government to allow my claim to cover it ; with the privilege of said waters and islands as described. But should Government not allow my claim to cover No. 39, and should the said Nos. 38 and 40 be already granted, as likewise there may not be any broken fronts ; in that case take out a lease for mc for No. 39, and endeavor to get a grant from the bank of the west line of No. 39, running to the channel of the river, ten chains below the east line of Lot No. 40, to the main bank including all lands, which is tliose small islands. 1 have enclosed my bond together with my bondsmen, for the annual payment of the lease ; you will also call upon Captain Farquharson for my letter directed to Thomas B. Gauf, Esquire, who Mr. Chewitt says, was at New York, and had not returned when he left home. You will get Captain Farquharson to open my letter favored by Mr. Bums to Mr. Gauf, in order that you may get my certificate as having taken the oaths required by Government. Should Captain Farquharson not be in possession of my letter to Mr. (tauf, please to coll on Mr. Burns, (I think his christian name is William,) I had the pleasure to see him at Cornwall on his way from Quebec to York, on the 8th July lost. I enclose you a guinea, and, as I am informed that most of the landed business sent to your core is conducted through the different ofHces by your son, and further reasonable charge he may make shall be cheerfully paid by a draft at sight, or otherwise, in favor of any person in Cornwall. As Government i-. knowing to my arduous undertaking at the Bridgewater Works, near the Falls of Niagp-,., and my per- severance in this kind of business, I flatter myself the Governor in C'-u..i;il will be disposed to encourage me all in their power in commencing business at the Chaudi^rc Falls, on the Ottawa River ; It will be the means of settling the wild lands on that River, that is at this present a perfect wilderness, not one settler inhabiting the country ; it will be the means of settling the lands upon that '"ne of the Province, which I conceive to be much required. The fees required in getting out my patent, if in your power to procure one, I shall pay to your order m Cornwall on demand. You will greatly oblige me to hasten the business as much as in your power, and forward the deed and lease by the first safe opportunity that may offer, as I am very anxious to get out my timber and build my Jam before the freezing of the waters. I fully expected my letter would have found my friend, Mr. Gauf, in York, on Mr. Bumes' arrival, and expected at all events to have heard from my business by you when last down at Cornwall Court, at my return from Quebec. The acquaintance which I have had the honor to have with you, makes me trust you will use your interest for me. You can observe to the Governor, that the Parish of Cornwall must also feel itself under a small com- pliment, for having built the Church. Relying upon your usual goodness, I subscribe myself, Your most obedient and humble servant, (Signed,) ROBERT RANDALL. D'Arcy Boulton, Esquire. No. 20. Dear Sib, — I enclose you a draft drawn by Mr. Chewitt, on the Receiver General at York, for £2 98. 6d., Halifax Currency, which you will please to apply towards the payment of the fees, should a grant for 200 acres of land be made to me by Government ; but should Mr. Gauf have returned from New York, and has laid my memorial before the Governor in Council, you •will please to give the enclosed draft to him for the aforesaid purpose. Mr. Chewitt leaves this place much later than I expected. Should my business be done through you or Mr. Gauf, you will be very obli^g by writing me immediately what Government is 48 rKTTTION — MACKEKZIB, FOR EANDALL'S DBVISEKS. likely to Jo ; but should you obtain the lease and grant, I will acknowledge it a great favor to have them sent to me as quick as possible, as I am very desirous to build a house at the place before the winter sets in, in order that I may be preparing timber, and making necessary arrangemcntii for my works. I am, Bir, \Nith great respect. Your humble servant, (Signed,) ROBERT RANDALL. D'Arcy Boulton, Esquire. P. S. bhoidd 38 and 40 be granted, please for to write me in whose name thty ore granted. No. 21. York, July 2nd, 1808. Dear Sin, — I am sorry to inform you that Lots Nos. 38 and 40, first Concession, on the Ottawa, were both taken up. No. 40 by Epr. Jones, Esquire, and 38 by Mrs, Jessup, four or five years ago. No. oil is a reserve, and you are the first applicant. I this day endea- vored to get it tlirough the Council ; but when it was referred to the Surveyor lieneral to report what sort of timber was on it, they would mt say, so you will be so goou as to get some respectable man to look at the land and make oath before a Magistrate vhat the timber is, or get a Slagiitrate to certify it. We wrote you before, but we supposed the letter miscarried, now we resume our old one. I have the honor to be, Sir, Your most obedient servant, H. J. BOULTON. I suppose you do not wish now to have your Petition presented, as cannot get the Lots you wished. ^ly father is of opinion you may run your dam across to the Island without any apprehension of being disturbed. H. J. B. No. 22. Cornwall, July 23rd[, 1808. Sir, — I received a letter from your son, H. Boulton, dated July 2nd, informing me that Lots Nos. 38 and 40, first Concession, on the Ottawa River, in Township of Nepean, are granted, and that some requisites are required before a lease can be taken for No. 39. But his saying nothing respecting the broken fronts adjoining to those numbers, which was the land I wished you to apply for, and to cover them by my claim should they not be granted, makes me suppose you have not understood the tenor of my letter ; I have therefore empow- ered my friend Mr. Rudsdell to act for me, in the business ; any assistance you can give him, will greatly oblige me. You will please to furnish him with my writings committed to your eare. lam your bumUs servant, D'Arcy Boulton, Esquire. ROBERT EANDAIiL. m PETITION — MACKENZIE, FOU RANDALL's DEVISEES. 49 nt fiiTor at the pcessary pALL. itht^ are 1808. ! our old No. 23. Mr. UanduH's instructions to Jlr. Uudsdell, ia behalf of the bu«inos» committed to hin care at York. Mr. IludsJcll will please call at the Exfcutive Council Office ns soon as he may arrive at York, nud inquire of the Clerks whether a I'etition has been laid before the Council in behalf of Robert Itandall for 2'K) acres of laud, nj^rcealilc to the regidations providing for settlers, and if so, whether ihc same has been acted upon, and what the decision was. Should Mr. Rudsdell find there has not been u.i iipplication made to the Executive Council in behalf of Mr. Randall, in that case, he will hand in the I'etition whieli he holds, to the Clerk of the Council, and be;; of the Cloik to inmiediately lay the I'etition before the t'oiuicil, and when the Council shall have granted the prayer of the I'etition, ]\Tr. Uudsdell will please to take the order from the Council Chand)er to "the .Surveyor (Jcnunil's Office, then recpiest the Sur- veyor General to lay the diagram of the Township of Ncpcan before him, and examine the broken fronts adjoining Lots Nos. 38, 3!), and lO, bounded by the waters of fhcCraud Itiver at or near the Chaudit'rc Falls, and mark the letter U on the said three broken fronts, then lay the order of Council on the said three broken fronts, producing his power of .\ttorney to the Executive Council as well as to the Surveyor (Jeueral, as being legally authorized to act for and in behalf of .^Ir. Randall. Shoidd the Surveyor Oeneral object to his laying the order on the said broken fronts, Mr. Uudsdell will inquire how long it has been since they were granted and in whose name, — shoidd he be answered in the name of Ephraim Jones, the Clergy of Upper Canada and Mrs. .Icssup, Jlr. Rudsdell in that case will please to call at the office of the Secretary of the I'rovincc, and there examine the lines of the grants made of Lots Nos. 38 and 40, and see whether tlie (Jovernment has granted the said broken fronts with the Lots Nos. 38 and 40, but shoidd tlie .«aid broken fronts be applied for by any other person, Mr. Rudsdell will please to know the date of the application, and if the application has been since the date of Mr. Randall's letter to Mr. lioulton, Jlr. Rudsdell will then ascer- tain why Mr. Boulton has let my Petition lay over to be superseded by another claim, and should he discover that Mr. Boulton may have acted with interested views, he will then remonstrate to the Governor and show my instructions and Petitions committed to the care of Mr, Boulton. Mr. Rudsdell will explain to the Governor the suspense I have been kept in, and my object for wishing my claim to cover the said broken front, and that my views are to erect Water \\'orks, such as Cirist and Saw Mills, and a Forge for making Iron ; that I have purchased from the Oovcniment of Lower Canada, lands opposite to the said broken fronts the distance of four miles, containing an extensive body of the best and richest Iron Ore ; and as the said broken fronts are bounded by the waters at or near the Chaudiere Falls, which admits of a situation for erecting such works, and that the lands lying between said Grand River to the River St. Lawrence, admit of settlement, which is not the case a distance of five miles in rear said River on the north side Province of Lower Canada, for which reason Mr. R., is desirous of erecting his works on the Upper Canada side, at the Chaudiere Falls, which will be convenient in his getting his Ore to his works. Shoidd those fronts not be granted, •ond the Surveyor General admits of my claim, covering the broken fronts adjoining Lots Nos. 88 and 40, but objects to the claim covering the broken front adjoining Lot No. 30, as being reserved for the benefit of the Clergy, Mr, Rudsdell will please to apply to the Governor and solicit the Governor to permit Jlr. R's claim to cover the said broken front adjoining Lot No. 39, together with the grant of the small rocky clumps or islands lying in front of said Lots with a line beginning from the north west comer line of Lot No. 3'J, and running to the chan- nel of said River, and from thence down the River with the said channel 10 chains below the north east corner line of Lot No. 40, including said bank and water, together with the said rocky clumps or islands lying within the said line ; the timber growing on said broken fronts is mostly small cedar and spruce pine, commonly called a cedar thicket, and the soil scarcely to be cultivated, being extremely rocky : — the distance from the main to the rocky clumps or islands is about 60 feet, and except in the time of high water the passage is almost dry, the islands having the same growth of timber as the broken fronts, and the soil the same, and that the said rocky clumps or islands cannot contain more than twenty acres. By extending a dam from the main to one of the nearest rocky clumps and throwing a wing out into the main River, will command a sufficiency of water for Water Works, and except for building works of the aforesaid deicrlption, a grant of said broken fronts and islands would not be worth 50 TETinoir-— HACKBNZIB, VOR RAKDALL's DEVISEES. posHcssing, but by erecting sucV Works it will bring on the Bcttlcmcnt of the lands in that part of tlic rrovincc which is totally utiinlinbited, which no doubt (Jovcrninent will bo dis- posed to encourage, and os Uoverninent has granted to Messrs. Shuter & Mears, an island large enough to lulmit of a snug furm, uud the soil of the best quality, lying at Kve times the dis- tance from the main, and having a considerable depth of water between the main and the island the dryest season of the year, Mr, U. therefore flatters himself Ooverument will be equally disposed to give him as much uccommodation ; and as the broken front of Lot No. 30 lays so near the place where Mr. U. wishes to build, he prays that Oovernment may eiieou- roge him by taking off the reserve, so that he may have the fee simple of the land. When Mr. lludsdcU marks the letter II, upon the said broken fronts, he will likewise mark the same letter on the rocky clumps or islunds, and claim the same as broken fronts, as the passage between the main and said islands is dry a considerable part uf the year, but should Mr. Iludsdell find it out of his power to procure the broken ♦V-onts adjoining Lots No. 08 and 40, he will in that case endeavor to get a grant of the broken front of Lot No. 30, including the said islands and water courses within a line, beginning at the north west corner of Lot No. 30, running with the channel of the River 10 chains below the north east corner of Lot No. 40, but should tiovernment not allow my claim to cover the broken front adjoining Lot No. 30, endeavor to get a grant of the islands and water courses as described, and take out a lease for the reserve Lot No. IJO, and lay the remainder of my claim on the broken fronts of Lots No's. 20 and 21, hiyiug on the Ilivcr about 4 miles above the Chaudi^re Falls, in the said Township of Ncpean. And should Jlr. Piudsdcll succeed in getting a grant of the said islands and broken fronts of No's. 3S, oO and 10, and should there not be a sufficiency of land to fill up my cloini of 200 acres, he will please to lay it upon as much of the broken fronts of Lots No's. 20 and 21, bounded bv the waters of the River as the deficiency moy cover, covering also a small island opposite the north west comer line of Lot No. 21 : should Government persist in not giving a grant of those four rocky clumps or islands, in that case, Mr. Rudsdell will take out a lease for the same, for as long a time as he cao. Cornwall, July 23rd, 1808. No. 24. To Hia Excellency Francis Gore, Etq., Lieutenant Governor of Upper Ccmada, tfec, &€., ni()nally iittcndcd thi- (>ovemor, aKu tho Cliii'f Justice, out of Council, and exerted my iM-nmnul iutercnt in your favour. 'I'hough you are ordered pcrNuually to attend, I itill liuiie to get tliroii{;h without ; 1 am promised another hearing next (.'ouucil. As to initing, I liavc once or twice written to you myself ; and iJohn itobinson whom you know to be with me, ban idso written to the core of Mr. Co«en»— thiN will go inider that nddresH by a gentleman [ can de|>cnd upon. You may rely on my cxcrtionii, and I think you will ultimately succeed. The certiiicittcs, Uc., arc very latisfuctnry. I was at the Council otticc yesterday. My ton Henry also wrote to you on the renerve. llie Council wanted un uHidavit of the .«i>ecien of timber on the Lot — the reason of which i.t evident — that where, on the banks of our waters, we have either oak or pine, they reMcrvc them for the navy, &c. Yours most fathfully, L'AIiCY BOULTON. Robert Randall, Esquire, Ottawa River. I shall have to advance the forty dollars before location, shall consequently draw on yoo the moment I have certainty of success. la, No. 26. (Copy.) CiiirPAWA, Maij Vnh, 1819. Henhy J. BouLTON, Esquire, Sir, — Time, Mr. Boulton, will disclose all things. Tf your knowledge of the Cabinet secrets of my business is such, as to cause you to have recourse to the measure you wish me to adopt in your letter that has been just now handed to me, by young Mr. Smith — I cannot perceive that y 'ir security need be better, — or that mine will be made much worse by not adopting the ° ure. Probab! Boulton, I might be more alarnied at the situation of my business, hod I the secret knowledge of its true situation that you may have. But if my want of that know- ledge, leaves me not alarmed, my ignorance must be my comforter, until time unveils to me, the result of my business. You will greatly oblige me by sending to me, as early as you can, a copy of the Note which Clark sues on, as well a copy of the writings that you got from Montreal, relating to the business. I am, Sir, With respect, your humble servant. R. RANDALL. Henry John Boulton, Esquire, Attorney-at-law, York, Upper Canada. No. 27. Chitpawa, June 2^ih, 1819. Sir, — My motive in writing this letter to you, is not intended to palliate the high tone of your son Henry's procedure against me, for fees, including the sum of fifty pounds allowed for your management in the early state of my cause with Phelps, to amount of £125 currency, and the interest which he adds making the sum of £141 16s. 3d., currency— but purely for the respect I feel for you. Your son Henry, is not satisfied with the Bond and Mortgage given him, dated 17th March, 1817, (for your and his fees in my suit againt Phelps) for £100 currency, on a Lot of ■■.,-iit;^.S,;:'.:: ;■>«;: 62 PETITION — MACKEN7IE, FOR BANDALL'S DEVISEES. land in the township of Nq.?)."., District of Johnstown. He is not satisfisd with my Nots of hand given him for Twenty-five pounds currency, at Niagara, on the 7th October, I-'IS-, for his fee, which he insisted I should do, previous to his calling my cause against Phelps for trial at the then Assise, which cause, you, as presiding Judge, would not hear. I'rom motives of delicacy, and ordcrei? the cnusc to lay over as a Remanet of the Court for a liiture trial ; — but he writes to mc a letter, which I received on the 17th May last, wherein he says, " I have sent to my Clerk, 5Ir. William Smith, a Cognovit for the amount of £141 KJs. 3d., currency, to be enabled, if so inclin.-d, to take out an execution agp.iost you" I refusing so to do. He again writes to me, handed by ^Ir, Jarvis. 23rd instant, wherein he says, I am very impertinent (I suppose for not having signed the Cognovit ;) he also says the security I gave him is not WL'th half-a-doliui per acre, as there ar^ no inhabitants in the Township. And Mr. Jarvis banded mc a summons from ^Ir. Henry John Boulton, to appear on the first day of Trinity Term next, at York. \Vhetner the land is worth half-a-dollar per ucre or twenty dollars, it is not my motive at tliis present to make any comment. If tln' extreme scarcity of money does not preclude the interposition of my friends, I hope the land will not fall into his hands. It m as through your instance that Mr. Henry Boulton became employed by me to manage my suit against I'helps. At the time he accepted the management of the cause, 3'e was knowing that I was moneyless, and promised to wait for his fees uutil the termination of the cause : however, a few months after he made up an account of £50, currency against me, and required security for the same, upwards of six months too previous to his arguing the cause. I offered him security on land in Matilda, a Township thickly settled ; his choice was Nepean ; lie knew the land in both Townships to be good. When you advised me to '^^mploy your son, I expected his assistance in recovering my property from the hand.« of a set of scoundrels ; little did I expect that he would require of me a judgment bond for fees previous to the decision of the cause, or that I was to be ruined by the man employed to assist me. The steps of your son are so novel in the law practice of this Province, I consider it my duty, from the fri( I'ly understanding that has subsisted between you and me. to lay the business before you — not Sir, that I wish you to palliate the high tone and tenor of your son's specu- lative intentions. I may or shall endeavor to meet his wrath at every point, and neither of us may be the winner. am, Sir, Witn respect. Your humble servant, p.. RANDALL. Hon, Jn.stice Boulton, Y'ork, Upper Canada. No. 28. Mr, Moore to Mr. Randall. Sin, — I have been put in peaceable possession of the place at the foot of the Chaudi^re Falls, which belongs to yo i, Sir, by John Torry, late agent for you at this place ; and he having absconded Irom thi.' place to the United States, and I having some property in my care which belongs to you. as I am informed, I desire that you would inform me by letter or otlierwise, how 1 am to dispose of it for your benefit. Providing I remain on your place, I will take the best possible care of such things belong-ng to you which are entrusted to my care ; but if 1 should see cause to l^-ave your plarc, I wish to know of you how I am to dis- pose of things in my hands, delivered *;> me as your property, I will likewise inform you that the greater part of your property here was deposited by INIr. Torry, in the care of Samuel Be-edict, senior. Now, if you desire me to take charge of those things, I desire you to inform me and give me such credentials as will enable me to secure the same for you. lam. Sir, Your most obedient and very humble servant, ROGER MOOR. Nepean, 12th March, 1&13. » ^1 PETITION— MACKENZIE, FOR IUNBALL'b DEVISEES. 53 No. 29. To ITt's ExefUenry Fn.vsois Oork, Esquire, Lieutenant Governor of U^per Canada, d-c, &c,, &c. THE fETITION OF ROCETIT KxiNDALL, Humhly tSheweth : That in tlie month of February, eighteen hundred nn«l nine, Your Excellency in Council issued your warrant for one thousand acres of land in favor of your Petitioner, the patent and survey fees being duly ])aid to the acting Itetciver General,' on the 2i!r(l day of February, 1809. That your Petitioner only received a patent for 0/)< i acres, reserving '0 acres of the warrant for a future location, which your Petitioner intended miglit cover some rocky chasms, which properly belong to the broken front of liOt No. -lO, in the first Concession, ontlie Crani" Piiver, in the Township ol Nepean. l)i>trict of Johnstown, which said Ijot bears a. jjortion ot your Petitioner's location, out of the nine hundred and fifty acres. That your Petitioner was directed to obtain a certificate from some sworn !^urveyor, or neighbours near the Chaudi^re Falls, that he and they could walk, in tlie dry season, from Lot No. 40 to the rocky chasms and not wet their fei ; ; in which case fhvi said rocky chasms would be considered part of the broken front of said Lot, and the fifty acres unlocated were to cover the rocky chasms and the intermediate space therein contained. But at the retu:u of your Petitioner from this place in March, ISO!), to llontreal, he fell a victln. to the sharpest persecution, and was unrighteously imprisoned for debt, and in close confinement to the 13th of last month, which not only pre- vented your Petitioner from obtaining a certificate relative to the rocky chasms, which he could have uoue with much e j«e, but also from prosecuting his establishment at the Chaudiere Falls, in the Grand River, which as well as the property which your Petitioner had sent on, to the amount of five hundred pounds, as fi commencement in his business, entirely perished as soon as the late War was declared by the American Government against Great Britain. Your Petitioner woidd have proceeded to his place at the Chaudiere Falls for the pur- pose to obtain the relative certificate after obtaining his enlargement, but his debilitated state, and the fast approach of winter, luade it requinile for your Petitioner to proceed to this place, from thence lo Niagara, in order to look after his property in that part of the Province ; and your Petitioner now conceives that he has the tacit ap]irobation of those who were his aJver- s.'.ries. to proceed in making his establishment at the Chaudiere falls, on the Grand Hiver, by their granting him his enlargement, ami offering him their friendly assistance, lie also flatters himself that his long and sharp sufferings are considered bj- those whom he viewed as enemies, to be an ample ptonement for their unenvied and friendly return of feelings. And as Your Excellency may be well informed of the great utility your i etitioner's establishment of the Bridge Water Works, near the Falls of Niagara, were to (he prosperity and growth of that part of the Province, he hesitates not, to say his establishment at the Chaudi&re Falls, on the Grand River, will be of equal, if not of su^ierior importance to that section of the Province. Yotir Petitioner can with truth say, that his Bridge Water establishment at Niagara, gave a spring to the agricultural and mercantile interest, not only throughout the District of Niagara, but the Province at large ; for your Petitioner was the first person who manufactured Flour for exportation in the Province of Upper Canada. Previous to your Petitioner's establishment at Niagara, both farmers and merchants were so circumscribed, as to be of little service to each other. His mercantile establishment at Cornwall, in the Eastern Distiict of this Pro- vince, is also known to have been a growing benefit to that place ; and had envy not overtaken your Petitioner, he would have turned the trade and produce of the whole Eastern District to Cornwall, whereas it formerly enti.eiy went to Montreal. The chasnis which your Petitioner con.siders to be part of the broken "ront of Lv,t number forty, are not or cannot be of the least importance either to Government jr individuals, except to accommodate your Pt tioner in establishing himself in business at the Chaudiere Falls. A young gentleman whi h at this place unexpectedly, at this moment, says, he has himself stepped from Lot numL ^r forty to the chasms, in the dry season of the year, and did not wet hie feet, that he thinks the chasms should be considered as part of the broken front of Lot number forty, and is willing to declare the same before Your Excellency ; he is a young man of veracity, and his declaration is to be relied on, which your Petitioner trusts will be proof , ufficient to satisfy Your Excelleucy of the it 64 PETITION— MACKENZIE, FOR RANDALL'S DEVISEES. [»r()i)rict.y of l\is present rpqucst. and if it should be proof sufficient, your Petitioner most luiiihly solicits Your Excellency to order deed to l.-e issued ia the name of your Petitioner, as follows : Hc^^iiming at a cedar tree or boundary mark near the edge of the bank at the side of the Ciand iiivci', in the liiu; between Lots thirty-nine and forty, and to run to the upper extre- mity of the fourth chasm, accordiiip; to the annexed draft of it, from thence to the extreme point or uppt-r end of cliasni ninnber il r.-e at the Grand Fall, running with the marghiof said chiisni at the water's edge to the noriii side, thence dowu the stream to the lower end or extreme point of said chasm, thence to the excrcnic point or lower end of chasm number two, from tliencc in it Mraiglit line to a small oak tree or boundary mark, in the aorth end of the east side line of Lot number forty, at the water's edge of the Grand Uiver, thence with the water's edge, following the several turnings and windings thereof, to the place of begiimiug, with all the intermediate space therein contained, containing fifty acres more or less. And, aH in duty bound, your Petitioner will ever pray. R. RANDALL. York, Upper Canada, Novenil)er 2iid, 1815. > No. 30. DRAn Sin, — Tlic dat!> o*"the ordci in Council to locate 50 acres, to complete your grant of 10i)0, is 5th h'eptcmbjr, 1>S18. Your's, AYILLIAM n. LEE. 11. liandall, Esquire. No. 31. Perth, 14«A December, 1816. Sii', — Yours of the 25th Xovember came to hand yesterday ; I shall with pleasure attend to Mr. iiandaH's concern, in the month of January, at which time I shall visit the lot in que»- tion, and iisce.U.lii tl;j o.cao: nituation, and enclose you a sketch and certificate, and charge the same in accoinit ago-'^.-st you. I have the honor to be, Sir, Your most obedient servant, R. SHERWOOD, Deputy Surveyor. G. S. Boulton, York. No. 32. LoNO-ABH Estate, Nepban, April 27th, 1818. Rm,— Having lately arrived from England and settled on the Grand River, in the Town- Khip of Xcpeau, and being informed that the Lot adjoining to mine, which is No. 40, belongs to you, I have taken the liberty of troubling you to knov/ if you are disposed to part with it, and on what terms : waiting an answer, I remain, Sir, Your very obedient servant, J. BARROWS. Major Randall, Little York, or elsewhere, Canada. fmm l.»iJMM»«ii^l!{«i-WW?l^J.'V41.,,«-5lJ!ipi»Jllljf PETITION— MACKExVZIE, FOR RANDALL's DEVISEES. 65 No. 33. UPPER CANADxV. Mr. RiitiDAiiL: Township of Longeliu.; 7(h February, 1810. Sir, — I did myself the pleasure of writing to you last fall r.bout your sittiatiou o;i the Grand Chaudi^re Fulls, to which I have not had the pleururc of lu) anower ; when 1 had the pleasure of seeing you, you spoke as if you intendid to inake speedy preparations to furui a settlement and commence business, and expected you would have comineiiccd previous to this, — hope your lawsuit you had dej)ending, has tenuinated in your (iivor, — should be glad to learn if you have been successful, as I apprehend yourattendauL.e to that has prevented the visit you intended to make last fall, — 1 would be luider obligation to you to inform nie as quick as possible, if you would dispose of any part of your land abcve mentioned. If you are inclined, I would beg leave to offor to purchase a s;nail portion, say an acre or two, innne- diately on the Point, leaving you the exclusive privilege of water, if you feel disposed, would thank you to inform me, with your conditions, hoping we may come to an understand- ing; I am in business now, where I have directed my letter from, but the r'tuation does not suit me so well for Vusiness as one above. I have taken a larj^c concern at the foot of the Long Sault Uapids, in the (irand River, whica will be a place of eoi'siderable trade, and should like a situation on the Chaudiere, in order to establish a connnuuication with tlie Upper Country ; if it is your intention to comply, please write me sjjeedily, that I may not lose any time to erect a Store for the purpose oi' carrying on business uext season, and would be glad you would give me the privilege so to do ; if you have any commands relative to that place, you would wish to have executed, shall be happy to forward your designs by empowering me to act for you : should feel much obliged by your speedy information pro or con. As 1 wrote before on the subject, am fearful my letter miscarried, as 1 cxiiected an answer. I am, Sir, Your very humble servant, SAMUEL DOWTfES. No. 34. Nei'Ean, Sill Man, ISli). gin^ — I had the honor of addressing you l.ast xVutumn, but not knowing your address cor- rectly, I am doubtful of your having received it. The purport of tliat letter, as I as the present, was to know if you would dispose of a part of your Lot of laud ou the juUs of the Chaudi6re, as I should be glad to have one or two acres, either by sale or lease. 1 h ve rir sf vcn years in this country, during my service here in the Koyul ^Vrtil- lery, being employed chiefly by Generals lirock and Glasgow. From what 1 liavc heard from several persons who have the honor of being acquainted with your cliaracter, i have every reason to hope for a favorable answer, or should not have gone thus far without hearing from you. I hope therefore. Sir, you will not think it too much trouble to send uie an answer the first opportunity. As to my character, 1 can no doubt fully satisfy you on that point ; in compliance with the above, you will much oblige, Sir, Your humble senant, ANDREW LERRIE. No. 36. Trinity Term, 2nd Geo. IV. In ttie Kino'h BEscit, DiSTIlK T (iK NlAOAllA, TO WIT. llenrij John BnuUon, linhf.rt Rnnthdl. Kobert Randall, of the Township of Stamford, in the Dis- trict of Niagara, I'^squire, the above named Defendant, maketh oath and saith, that during the Session of the Legis- lature of February last past, this IJeponent in a conversation with IMr. Morris, of the County of Carleton, was informed that his land in the Township of Nepcan, in the Johnstown District, was sold by the Sheriff of the said District, under and by virtue of a Writ of fieri facias in the above suit, and this Deponent furtlier saith, that not until then did he know that the said Henry Jolui iioulton had obtained a Judgment against him, and this Deponent further saith, that pecuniary embarrass- ments prevented this Deponent from applying before to set aside the said proceedings, which the Deponent could never expect to have been carried to such lengths tiom promises lield out by the said Plaintiff, namely, that the bond was only taken, upon which part of this action is brought, as a security for his, the said Henry Jolm iioulton's fees, and his father's, now the Honorable Justice Iloulton. Sworn before me, this 10th day of July, 1821. (Signed,) J. MUIRHEAD, Commissioner for taking affidavits in K. B., in and for the District of Niagara. (Signed,) ROBEll'J' RANDALL. vmK7r^imm9^^'ff^^^f''* PETnr02T— MACKENZIE, FOB RANDALL'S DEVISEES. 57 No. 37. York, 31»< December, 1823. (Copy.) Sin, — An application has been made to me, by IVfr. Jonas Jones, Barrister ot law, to fur- nish him with instructions to defend an action of ejectment brought i)y JTr. L. Sherwood and Captain LelJreton, for the purpose of getting possessiou uf Iuuub and tenements which belong to me, and which are at present in the actual possession of Messrs. Lcrrie and Firth. 8tc. As Colonel Burke, the gentleman who employs Mr. Jones, could not have been fully aware of the whole of the circumstances at the time he employed him, I beg leave to state to you. Sir, for His Excellency the Commander of the Forces' information, that Mr. Jones is not onlybrother-in-lawtoMr.i?1ierwood, but also brother-in-law to Mr. Boulton, the person who upon an ex -parte proceeding obtained judgment against me, issued execution, and sold this property for the sum of one hundred arid twenty-five pounds, for fees accruing to him in his prosecuting a suit for me in the sum of t-n thousand pounds, currency, wherein I had obtaine, were adjudged to be sold, or were sold by the Sheriff and conveyed toothers; and until the issue of such application shall be determined all persons are warned against purchasing or leasing any part of the said property." If Mr. Mackenzie had felt at all disposed to meet such a suggestion, or had chosen to adopt any other form of words of his own, conveying in substance such a notification to tiie public, the insertion in the Ciazette would not have been made matter of question. If the notice, which is above suggested, should appear to be sufficient for the proposed object, and is approved of, His Excellency's desire for its insertion in the next Gazette shall not fail to be duly attended to. I have, &c, ROBT. STANTON. No. 3. Castle ok St. Lkwis, Quebec, 2Ut Fchruarii, 1823. Sin, — His Excellency, the Governor in Chief* commands me to acquaint you, in answer to your Letter of 20th instant, that he has had under his most serious consideration your memorial of last summer, setting forth various grievances and acts of injustice to you in your civil rights, on the part of different persons connected with the administration of the law in the Upper Pro- vince, and His Excellency directs me to add that as he does not possess the authority either .._.. * Tho Ear' pf Dolhousie. 62 PETITION — MACKENZIE, FOU RANDALL's DEVISEES. to invcftif^ntc or redress your nllfKed grievances, he can only ref;r you to llio Oorcrnor of that Province who will, no doubt, pay all proper attention to your reprcscntatioQ, I have the honor to be, Sir, Your most obedient servant, A. W. CUCIJRAN, Secretary. R. Randall, Esq. York, Upper Canada. No. 4. (Copy.) York, March ^, 1830. Silt. — I have the honor of transmitting to you for tlie information of His Excellency the Lieutenant Governor, a copy of the KeiJort made by the House of Assembly upon my petition of grievous loss of property from the undue administration of public justice. That others may have suffered from the same cause I cannot doubt, but I humbly hope that the patient suffering of injustice by many will not be prejudicial to my seeking relief against the niiignitude of my loss. The enclosed Report was the result of an investigation by a Committee composed of the present Sjjealicr of the IIons(> of Assembly, the present Chief Justice, Captain Matthews, Mr. John Rolph and ilr. Ijeardsley. On the Report of that Committee a bill was passed by the last Parliament to enable Mr. Justice Willis to try the case over again, and thus supply the want of a Court of Equitable Jurisdiction, a means of redress which exists in England in ordinary cases. The bill was lost in the Legislative Council. A bill for the same purpose passed the representative branch of the Legislature during its present Session, to enable the Speaker of the House of Assembly of Lower Canada to try the cause. It was agreed to with only two opposing voices, and that too after the case had had the fullest consideration both in and out of Parliament. But the bill was lost in the Le- gislative Council and I am still without redress. That it is His Hxcellency's anxious and earnest wish that speedy and impartial justice should be administered to all His Majesty's subjects, without distinction, I firmly believe. And whether the obstruction in my case arises out of the composition of the Legislative Council, or from any other cause to mc unknown, I trust that His Excellency will exert his powerful influence to remove that bar, so that I may be enabled to have my case fairly tried and determined in a Court of law. I have the honor to be, With profound respect, Your most obedient and humble servant, (Signed,) ROBERT RANDALL. 2. Mudge, Esquire, Civil Secretary. No. 6. GOVEUNMEXT HoCSE, Yonii, 25th March, 1830. Sm, — With reference to your statement transmitted to the Lieutenant Governor on the 4tb of !March, with the copy of the Iicport made by the Committee of House of Assembly, I am PKTITIOK — ROBERT RANDALL TO UOCSE OF ASSEMBLY OF U. C. C3 dlrectwl to acquaint you that these documcuts have been sent to Mr. Doulton for his olwerva- tion« onil reply ; but as it iippcnrs tliat before Mr. r.oulton can be called on to enter fully into an iuvestiKUtion of nny of the charges that you may now think proper to allej^e opainst him, and which it is understood jou have on several occasious brou(j;ht forwanl, His Kxtellincy re- quests that you will trunsinit to ir.e for his information, such a statenuiit of your caise as may exhibit distinctly whether the prounds of your complaint arc against .Mr. iJou'ltou as comhictor of your suit, or against the Judges for an illegal decision, or against the .Sheriff, or the purchaser of your property. I have the honor be be, >^ir, Your most obedient, humble servant, Z. MUDGE. Robert Randall, Esq., M. P. P. land !4tb I am To the Honorable the Commons' IToiise of Atscmhl/i of Upper Canada, in Provincial Parliament Assembled. The Petition of Robert Randall, of Stamford, in the County of Lincoln, Esquire. Humbly Sheweth : That in the Year of our Lord one thousand eight hundred and sixteen or thereabouts, your Petitioner employed the present Mr. Justice Boulton, then Attorney (Jencral, as his legal adviser, in all his affairs relative to the disputed property between the Petitioner aud Jlessrs. Clark and Street. That Mr. Justice Eoulton continued such his legal adviser aud Attorney until his elevation to the bench, when he handed over the Petitioner's business and papers to his son, the present Solicitor General. That upon Mr. Justice Loulton's so giving up the bu- siness of the Petitioner to Henry John Boulton, I'^sqiiire, the latter required of the Petitioner a collateral security for the sum of fifty pounds, theu due to his father, for his professional ser- vices, as also for fifty pounds, which were to accrue to himself. That your Petitioner accord- ingly on the seventeenth day of March, in the year of our Lord, one t\ousand eight hundred and seventeen, executed and delivered to the said Henry John Boulton, a mortgage on Lot No. eleven in the first Concession on the Rideau, in the Township of Nepean, in the District ot Johnstown, containing two hundred acres, for one hundred pounds, payable withinterest on the first day of January, in the year of our Lord one thousand eight hundred and nineteen, and on the seventh day of July, in the year of our Lord, one thousand eight hundred and eighteen, your Petitioner executed and delivered to the said Henry John Boulton, a bond in a penalty of two hundred pounds, with a condition reciting the said mortgage, and to pay to the said Henry John Boulton the sum of one hundred pounds as mentioned in the said mortgage. That the above described Lot is a most valuable one, your Petitioner having many years ago been offered two pounds an acre for it, and another Lot in the said Township having been sub- sequently sold at Sheriff's sale, at Sir. Boulton's suit, for ready money, for four hundred and fifty pounds, or thereabouts, as your Petitioner has been informed and believes. That subsequently, and after the execution and delivery of the bond and mortgage, the said Henry John Boulton proceeded in the business of your Petitioner, and obtained against one Elijah Phelps, a verdict for a large sum — which having been set aside, and a new trial granted, the cause again came on for trial, at the Niagara Assizes, for the year one thousand eight hun- dred and eighteen, where Mr. Justice Boulton presided, and where your Petitioner attended, with a great number of witnesses to go to trial. That the said Henry Boulton also attended as Counsel for your Petitioner, but who refused in the first instance going on with the trial, until the Petitioner had given him his note for twenty-five pounds, payable on the first day of May A. D. 1819 ; but which note was not j^iven without a strong remonstrance from your Peti- tioner, as he considered he had already given him ample funds of security. That after giving tjie said note, Henry John Boulton promised to go on with the case immediately ; when your Petitioner went in search of his witnesses ; but on his return was not a little astonished to find, SJf- G4 I'lrrrnox — RonKiiT handai-l to mouse op ahhkmdly of u. c. that till' eniiNC liiitl Ix'cn (irilcrcd to lie over to the next AsuizcH, in consequence of tlie iliidf^e dcciiniiin from iiiitixc's of (icliciicy to try it. Tliat your I'etitioner stron;,'ly renionstrateil a^niiiNt sucli a t have l)een aware that tluH cause would not he tried ; hut liad allowed )(>ur !\ lilioiier to f^o to a cousidiTahlu espviise in fjatheiin^' his witnes.^es; liad ohtuined hi.s note liir twenty -fi\c puund.s, and then abandoned him, and has never nIiicc done any huNinesH for him. That aiUrwiu-ds and innneiliately after the said note became due, your Petitioner was sued thereon, and ujion the aforesaid bond I)y the said Henry doini lioulton — he having (^ot out his writ directed to the fSherirt' of Niagara, on the twenty-first day of Jlay, A. D. 181'.)- and tlie note h.in..,' only due on the first day of that month. That on the twenly-fonrth day (if June, l.si".), your Petitioner was served at his residence at Stam- ford, in tlie Niagara JMstrict, with the declaration and sunnnons, at the suit of the said Henry John liouiton, returnable on the fir.st of Trinity Term then next, and from that day, until about eigiiteen inontiis afterwards, and never until he was accidentally informed whilst attend- ing his duty in I'arliament, in the winter of ls21, of the sale of his lands at the sint of Henry John Doulton, did he hear verbally or by letter of its progress. That immediately after he was m) ser\ ed with the declaration and summons, your Petitioner wrote to the said Henry .John I'loulton u])on tlie subject, requesting to be informed of tlie progress of the said suit, but receiving no answer, he imagined the same was dropped. That on looking into the proceedings in the said suit, he finds the following to be the statement : — The summons issued the thirty first day of Blay, and was returnable on the first day of Trinity Term, l?;!'.). That on the thirteenth day of July following, on the affidavit of service of the same, on this Deponent, the declaration and summons were fyled in the Crown Office, and on the same day an ajjpearnncc entered in the same office by the said Henry John Coul- ton for your Petitioner. That on the name day an affidavit was fyled in the said office, made by a clerk of the said llenry John Boulton, that the place of residence of your Petitioner "in the Home District" was unknown to t)ie person who made the affidavit. That on the same day a demand of plea was put up or fyled in the said office, and accompanied the said affidavit. That on the iiinetLeiith day of June, four days afterwards, interlocutor// and y^iu/ judgment was signed against your Petitioner, and execution issued against the personal effects of your Petitioner to the Sheriff of the Home District for the amount of the bond, notes and costs. That in his declaration against your Petitioner, the said Henry John IJoulton declared in debt on the bond and note together, signed judgment on the same together, and issued exe- cution against your Petitioner for the same. That the execution ogainst your Petitioner's chattels (directed to the Sheriff of a District in which it was notorious to the Plaintiff, as well as to every other person who knew him, that he did not reside,) was returnable on the first of Jlichaclmas Term in the same year, and was fyled on the return day with tiie Sheriff's return of " no goods ;" ,ad on the same day, execu- tion was issued against the lands of your Petitioner, directed to the Sheriff of the Johnstown District, and returnable last of iMichaeimas Term, A. D. 1820, upon which your Petitioner is informed a most valuable Lot situated in the Township of Nepean, in the District of IJathnrst, on the lliver (.)ttawa, and luljoining most important water privileges, and not the one mort- gayed, has been sold to satisfy the said execution. That by the tenth Section of the Act of the 34:th of George the Third, regulating the practice of the Court of King's Eench, and under which Act the process in the said cause was issued, it is CJ'prcssl,// enacted, " That in all actions or suits where the Defendant or De- " fendants reside without the limits of the Home District, or District where the Court shall " be holden, eight days shall be allowed after such demand of plea, as the ordinary time " within which they shall be required to fyle their plea, &c." But that notwithstanding the said Act, the said Henry John liouiton, who perfectly knew the residence of your Petitioner to be within the District of 2siagara, and not in the Home District, not only from having served liim with the writ there, but also, from the letter which your Petitioner wrote to him after the PETITION— BOBERX RAKDALL 10 noUPB Of ASSEMBLY OF U. C. 68 the )i8trict that 1(1 was 3xecu- istown loner is Ithiirst, mart- Ing the H cause lor l)e- Trt shall [y time Eng the litioner ] served fter the action was commcnccil, proccwlcd to nij^n not only Interlocutory but //in^ judgment within four days utler di>niaiui nCpIca, uiid tliut put up or tyied in a District where he well knew yuur Petitioner did not reside. That your Petitioner is informed by profossional genth>men, thot in no instance upon judgment by default, on a promissory note, can execution bo issued, until the note lias cither been to a jury to assess the damages, or been sent by a rule of Court to the proper oflicer, to compute the principal and interest ; but that notwithstanding this rule of law, execution after judgment by default was at once issued on the promissory note so given by your petitioner to the said Henry John Boulton. That by a general rule of the Court of King's Bench, in the 40th year of the late King, it is expressly ordered, that in future, the note or bond is to be produced for the inspection of the judges, *< when a motion is made to refer them to the master," but that the suit Henry John Boulton, not only did not produce either the note or bond to the judges, but did not even move the Court to have them rcf<;rred to the master. That by another general rule of the said Court made in the same year, it is expressly *' ordered, that from and after the end of this (MichiGlmas) Term, the clerk give no writ uf execution on default, without an order of the Court in Term time, or fiat of a judge in vaca- tion." That notwithstanding this rule, then in full force, the said Henry John Boulton pro- ceeded to sue out execution against your Petitioner, on a judgment by default without either an order from the Court or fiat from the Judge. That by another Rule of the said Court made in Hilary Term, in the 47th year of the same King, it is also expressly " ordered, that in all cases of Judgment by default, on Bonds, " conditioned for the payment of money, a rule Nisi, to refer the Bond to the master for " taxation, shall not be necessary, but a notice of motion for the peremptory rule shall be " given in writing to the Defendant, or his Attorney, at least thirty days before Hilary and " Easter Terms, und twenty-one days before Trinity and Michaelmas Terms respectively," which rule shall accordingly be made absolute, in the first instance, on affidavit of such notice. That notwithstanding this rulowa-> in full force at the time of signing the judgment againi the Petitioner, 'o nev^r received, nor did the said Henry John Boulton ever give the above required notice to your Petitioner, or to any Attorney for him. Tour Petitioner further repivsents, that as the said condition of the said Bond recited the eaid Mortgage, and professii ^' th.efore to be only collateral security, your Petitioner was entitled to the benefit of an Act oi the Legislature of the Mother Country and in force in this Province, requiring in behalf of such Defendants, that the Flaintiif shall set forth on record, the condition of such Bond, assign breaches thereof, and assess damages before a jury, and your Petitioner is informed that according to law no execution can in such case issue till such assessment has taken place. But in the suit against your Petitioner, the condition of the Bond is wholly suppressed and does not appear on the record. Your Petitioner found in the course of the applications made by him to the Court of King's Bench foi relief, that the following rule was insisted upon as a vindication of the judg- ment secretly obtained as aforesaid. Michcelmas Term, Scott, C. J. | Thorp, J. | It is ordered, that from and after the first day of Hilary Term next, in all cases where the Defendant has not appeared either in person or by his Attorney, judgment for default shall not be signed, without an affidavit first made and fyled of e. demand of plea having been served upon the Defendant personally, or by being left at his usual place of abode, if the same be in the district where the action is brought ; and if the Defendant's place of^abode be not in such district, that then t'le demand of Plea shall be entered in the office, accompanied by an affidavit stating that the Defendant's place of abode within such district is not known to the Deponent, and that Judgment by default in such case shall not be signed till 4 days afte" such service or entry respectively ; — By the Court. (Signed,) JOHN SMALL, Clerk of the Crown. I u. (.6 PETITION — EGBERT RANDALL TO HOUSB OP ASSEMBLY OP V. C. Under this rule, persons are required to take an oath tlat muat do violence to the con science of tl;" Deponent, inasmuch ns it iinpliesa belief that tho Defendant's place of residence" is in such District, but not known to the Deponent. Your Petitioner also felt leeply aggrieved at the operation of the said Eule, not only because it arbitrarily deprived your Pttitioner of a service of the notice at his place of abode, and warranted a judgment in 4 instead of 8 days, in defiance of the laws of tiiis Province, but also because it violated the common principles of justice, by requiring notice to be served upon the rcsiderts of the Home Di'-tiict, wuile it favored the Attornies of this Town, by exempting tlieni from the trouble of giving such notices to those Defendants, who from their remoter residence from the Crown Office in the outer districts, particularly needed a rule of the said Court to enforce, rather tliRu to supersede, the just enactment o** t!. Provinc'al Legislature, for their protection. That on being informed as before mentioned, of the sale of your Petitioner's lands, at the suit of the ?iiid Henry John Boulton, (and which was the first intimation he ever had of the progress of the waid suit), your Petitioner immediately caused the proceedings to bo looked into, and finding the above gross irregularities in the proceeding'!, he caused an application as soon as Counsel could be heard, to be made to the Court of King s Bench lor relief, in setting aside the judgment and c.ieeution which had been so manifestly obtained against every rule and order of t!ic said Court ; but after argument, the Court decided it came too late. That your Petitioner subsequently caused another application to be made on the same and other grounds to set aside this judgment, conceiving that it had not been fully argued, but it was again decided against him, on the grounds of the former decision, although the Court ex- pressed a strong wish to interfere, if it could consistently with its rules. Your Petitioner also Isumbly states that on the second application made for relief against this judgment, the Judges of the said Court upheld the same on the ground that the matter had been before heard and determined by them, and that according to an "incient rule of Court in the reign, as your Petitioner believes, of one of the Jameses no matter heard by Counsel on both sides and on 'vhich the opinion of the Court had been given could be re-opened, and that the Counsel attempting it was liable to be silenced for one year, and should the Court be again troublid a second time in like manner, they would deeire to see the penalty inflicted ; and your Petit iuiii'i- cannot but feel and express tiie oppression which he suffers from the unjust adherence to one rule of court for the purpose of upholding against your Petitioner a judgment which had been obtained by the violation of three other rules of court equally solemn and binding, and even in violation of Ec^-eral legislative enactments in this Province at ' in England, the due and honorable observance of which by the said Henry John Boulton would have been an ample protection far your Petitioner against the ruin and injustice brought upon him. That in the year 1824, immediately after the last decision, as a last resort to get rid o^ this extraordinary judgment, your Petitioner was advised to bring a writ of error coram nobit to I'e verse this said judgment, that being, in the opinion of his Counsel, his only chance ; but the difficulty lay in procuring the writ, as it is an original one which issues out of Chancery, and there being no Court of that description in this Province. This difficulty was, however, at last surmounted, the writ obtained under the great seal of the Province, error assigned and pleaded to, and the matters urgued in the vacation of Trinity Term, A. D. 1825, before two of the Judges, Mr. Justice Boulton being absent in England, and judgment was to be given in the following Term. That on applying for judgment, so faras your Petitioner could judge, the Judges seemed divided in their opinions, and that therefore your Petitioner would have received nothing by a division of opinion — but without giving judgment, the decision was, that the matter must stand over till the Bench was full. That this was to your Petitioner tantamount to a decision against h'ni, ''nasmuch as Mr. Justice Boulton had on a former occasion, as before stated, refused to try a vause in which he had been interested for your Petitioner, and could not now of course be expected tt ,-;ive an opinion either way, as the greater part of the money recovered by this very judgment had been received by him. \ti: '.'.tt'M r«Mi PETITION — BOBBRT R.UfDALL TO THB HOUSE OF ASSEMBLT OP V. C. 67 That strange na it maj seem, the Sheriff of the Johnstown District, instead of selling iha Lot, so mortgagi.d by your Petitioner to the said Henry John Boulton, and thus as it wcr-.- foreclosing the same, sold another and still ir.ore valuable lot belonging to your Petitioner, luid the same was purchased, as your Petitioner has been informed, by Levius P. Sherwood, Esij., who has since been elevated to the Bench. That your Petitioner, under these circumstances, would not feel it proper, and has been ad- vised not to apply to the Oourt for their judgment, which your Petitioner thinks, under the very peculiar circumstances of the case, could not be had, 'or the same reason that the Ilonor- abUi Mr. Justice Boulton once r(^fused to try a case for him. Your Petitioner humbly represents, that after submitting to many losses an 1 anietions which would break the heart of J'.lmostany man, he found that the most valuable remnant of his property had been most crneily sacrificed, under this irregular and nefarious jiuljtnent, and unless relieved by t'l:"^ interposition of your Honorable House, he shall have to nuinbui' himself among those who have fallen victims to injustice and oppression in this Province. That there being no higher court in this Province, to which your potitiou«r can now resort, he has thus petitioned your Honorable House to interfere and grant him such relief us to your Honorable Body may appear just. And as in duty bound will ever pray. ROBERT RANDALL. York, Januari/ I'Jlh, 1828. Certified to be a true copy, JAMES FITZGIBBOX, Clerk of Asscmhlij. Ui'PEH Canada — Admimstration of Justice. [From the Journals of the House of Commons, July 31, 1332 — 3, \ViIliam IV, vol. 87, page oil.] Address resvkctino Uppep. Canada. " Resolved, That an humble Address be presented to His Slajesty, that He will be gra- "ciously pleased to give directions, that there be laid before this House, a copy of an Address " to His Majesty, from the House of Assembly of Upper Canada on the Administration of " Justice, dated 14th March, 1829, which Address that House humbly prayed His Majesty to "lay before the House of Commons of Great Britain and Ireland." " Ordered, That the said Address be presetited to His Majesty by such Members of this " House as are of His Majesty's most Honorable Privy Council." [From same volume, page 564, August 3.] Anstoer to the Addrett. " Lord Viscount Allhorp reported to the House, that their Address of the 31st day of " July last, had been presented to His JIajesty ; and that His Majesty had commanded him " to acquaint this House, that he will give directions accordingly." [From same volume, page 689, August ICth.] " j\Ir. Rice presented," " Return to an Address to His Majesty, dated 31st July last, for " copy of an Address to His Majesty, from the House of Assembly of Upper Canada, on the " Administration of Justice, dated 14th March, 1829." " Ordered, That the said papers do lie upon the table; a d be printed." '-% sikii Li'*A-'- ■;/;...,-; .!.L»,»f>,f.j MMil ._h.. . . .jti- -i ■'%, 68 ADDRESf TO IHE KING ON THE ADMINISTRATION OF JUSTICE. [From the Sessions' Papers of the IIou:.- of Commons, 1831-32, No. 740.] Return to an Address to His ]\Iiijesty, dated 31st July 1832, for copy of an Address, &c. Coh)nial iJcpartment, Downing Street, ") IGru Alolst, 1h32. J {Mr. Hume.) (Signed,) R. W. HAY. UPPER CANADA. Copi/ of an Address to Ilm ilAJEiTV, froin the House of Assembly of Upper Canada dated UtU MarrJi, 1829. ' TO THE KING'S MOST EXCELLENT MAJESTY. Most GRACiors Sovliieion, WE, Your Majesi y's dutiful andloyal Subjects, the Commons of Upper Canada, in Provin- cial Parliament assemhiod, humbly request Your Royal attention to the dependent and very unsatisfactory state of the Judiciary in this Country ; and we further pray that our earnest wishes and solicitude expressed in this Address to Your ^lajesty, may in our behalf be laid before Your ^Majesty's faithful Commons in imperial Parliament assembled. In former Sessions of the Provincial Legislature, we pressed this painful and now alarm- ing subject upon Your Royal consideration, representing the expediency of exempting the Chief Justice in this Province from the duties imposed upon him in the Executive Council, and of rendering the Judges independent of the Crown and of the people. During the present Session, we have received from His Excellency the Lieutenant Governor, a Message, from which it appears, that on the subject of the Judges being com- missioned to hold ofjice during good behaviour, Your Majesty's Government find there are many difficulties to which, it is apprehended, this House may not have adverted, and that it is with a view solely to the welfare of the Province, and to the impartial Administration of Justice, that Your Majesty's Government hesitate to remove from the Judges in this Pro- Tincc their direct responsibility to the Crown. Upon so important a subject, involving the interests, the rights, the liberties, and the very lives of the people of this Province, it becomes us with earnestness to repeat our humbie remonstrances against the present state of things. We regard with grateful recollection the memorable declaration of ilis late ]Most Gracious Majesty from the Throne, " that he looked upon the independence and uprightness of the " Judges as essential to the impartial administration of Justice, as one of the best securities of " the rights and liberties of his Subjects, and as most conducive to the honour of the Crown." In this respect we rejoice at the unparalleled happiness of t' e people of England ; we cannot, however, but feel that as a portion of Your Majesty's free and glorious Empire, we also are equally interested and entitled to have justice administered amongst us by independent Judges, equally able to appreciate the value of so great a blessing, and disposed with consti- tutional jealousy to watch over ^he judicial character, to preserve 't unsullied by imjust reproach, and uuawed by the vindictive exercise of the Royal Prerogative by the Provincial Authorities. In this Province, it is exceedingly desirable and even necessary that the Court of King's Bench should for many years to come be wholly composed of Judges selected from the English Bar ; Judges who would in that case be as free as possible from the entanglements of family connexions, the influence of local jealousies, and the contamination of provincial politics : without such a change, Justice never can in this Country be administered with purity, or rise above suspicion. ADDRESS TO THE KINO ON THE ADMINISTRATION OF JUSTICE. 69 We duly value the assurance of Your llajesty, conveyed in ilie Jrcssajrc of His Excel- lency, " that the direct responsibility of our Judges to the Crown is enforced by i'our JIajesty " only on the most serious occasions, and never in respect co any act which can be jiroperly " considered judicial." But although Your Majesty is thus graciously pleased to declare, that Your .Majesty in the exercise of Your Uoyal Prerogative will be governed by a >r.axini so con- sonant to l-tritish Justice, yet that assurance, while it is grounded upon the continual depen- dency of our Judges, can afford no sufficient and practical remedy against the abuse of Your Majesty's Koyal I'rerogative by the Provincial Administration. This abuse of Your IMajesty's Royal Prerogative has been flagrantly manifested by the late violent, precipitate and unjustifiable removal of the Honorable Mr, Justice Willis from the Court of King's Bench in this Province. The pretence for this almost irreparable wound to the Constitution appears to have been the declaration of an opinion l)y tlmt learned and upright .ludge, upon the constitution of the Provincial (!ourt of Iving's llcrch, which opinion was evidently expressed to expiaia and justify his submission to a conscientious conviction of the impropriety of knowingly proceeding in the administration of the law in a Court not organized as the law requires. By the Pi'ovincial Act erecting tliat Court, it is wisely provided, " that a Chief Justice, " together with two Puisne Judges, shall preside therein." No explanation can add to the clearness of tiiat provision, so obviously conducive to the safety and liberty of the subject ; and it has become our urgent duty humbly to declare tc Your i\[ajesty, tliat our duty forbids us to yield to the attempts of the local Administration, to entail upon us the dangerous en- croachments made i:i years of past misrule, by establishing such a construction of that law as wouM place the rights and liberties, the property and lives of the people of this Province, at the disposal of one, while a liberal salary is provided for three Judges. The opinon of the learned Judge became officially known to the local Government some weeks before the commencement of the Term in which it was expressed. Finding tliat no step was taken to organize the Court according to law, and avert the con- sequences inevitably following pertinacity in the error, jNIr. Justice ^Villis honourably with- drew from a scene, by a continuance in which he must have compromised his judicial charac- ter. Under these circumstances, it appears that the Executive availed itself of the depen- dency of the Judiciray, and Mr. Justice Willis was unnecessarily and violently removed from his office, because, educated in no school of subservient principles, he would not yield to doubtful expediency and unlawful usage. We are not insensible of the advantages of the provision against granting Ofices in Your Majesty's Colonies in America to persons resident or intending to reside in Grea*- Britain ; a provision manifestly intended to apply particularly (perhaps exclusively) to offices which could be exercised by Deputy, and therefore farmed out to the best bidder ; but it is with concern and dismay that the people of this Province have witnessed the perversion of law and power, for the dangerous purpose of removing a Judge, whose only offence we be- lieve to be a scrupulous and conscientious discharge of his judicial duty. The same power which authorized the removal of Mr. Justice Willis, supposing it to be lawful, and the appointment of Mr. Justice Ilagerman in his place, might with greater facility have created a Chief Justice to organize the Court according to law. But we feel that the magnitude of the outrage itself against the justice of the Country is so great, as to forbid our descending to those particulars of wWch we can be only partially informed, from the policy of the local Administration in withholding from us that information which might more fully expose the enormity of the transaction. We humbly desire, however, to declare to Your Ma- jesty, that had the law not placed it in the power of the local Government to avert the evils, the apprehension of which they affect to have influenced their conduct, we would esteem those evils very subordinate to this intimidation of our Judges, by the cruel aspersion of the char ■ acterand unjust ruin of the prospects of one of their number, by the bold and daring exercise of arbitrary power. Although the defective constitution of the Court, and the consequent illegality of its pro- ceedings, have been known to the Provincial Government since Trinity Termlast, yet the admi- nistration of Justice has not been relieved from this serious embarrassment, by the due orga- :t. fy'Jf^vi 70 ABDRES3 TO THE KIXO ON THE ADMINISTRATION OF JUSTICE. nizntion of that Court, nor lias His Excellency been advised to brinp; this all-importnnt state of the Country under the notice, or to recommend it to the consideration of the Provincial Legislature. We therefore cannot too earnestly express to Your ^lajesty our deep sense of the injustice, inexpediency and illegality of persisting in the mnintenance of tlie present defective state of the Court : and to represent to Your JFajesty tiie sacred duty which wc feel to be imposed upon us, firmly to protect the interest of those suitors who have l)ceri pre- judiced, either because they abstained from a Court which was violutin^:^ law, or because they were driven by their necessities to yield to this assumption of judicial power. In Michaelmas Tern last, Mr. Justice llagerman alone constituted our Court of King's Bench, wherein he confirmed his own questioned judgment at tlic preceding Assizes, in a trial in which Mr. Justice Sherwood was interested ; the result of which trial iu\olveJ a property of very great value, acquired through those extiaordiary judicial proceedings in the case of ^Ir. Randall, whose injustice has longbeen unavailingly an object of legislative relief and public sym- pathy. It is from sucli proceedings, such Courts, and such Judges, that the people desire to be relieved. We had hoped that the .appointment of Judges from England would redeem the character of the Provincial Judiciary; but tliat hope has been greatly impaired, by finding tliat such men have been esteemed by those in power too eoascientious for Colonial rule. \\'e feel that no gentleman of the English Har, gifted with learning and character, will come to administer justi':e amongst us. if he is subject to an ignominious removal, and obliged to meet in England charges unknown to Iiim, got up against him without rerrard to the laws of honor, .or justice of the country. Wc humbly ex])ress to Your IMajesty our serious apprehension that the learned Judge who has thus far been a victim of Provincial persecution may be elevated to some higher place in Your Itoyal consideration, instead of Ijeing restored to his scat upon our Eonch, as the most effectual metliod of wiping away the stain attempted to b'^ affixed to his character, and of healing the wound inflicted upon the Justice and Constitution of the Country. His reinstate- ment in office as our Judge, is most desirable for the peace and happiness of the Province, and for the restoration of public confidence in the administration of the law. In the name of equal justice, we further humbly pray Your Jlajesty to cause a strict inquiry to be miule into the conduct of all persons directly and indii^ctly concerned in this overbearing and despotic proceeding ; and, as the only means of assuring our future security, to expose them to whatever punishment may be due to their respective crimes, as advisers, abettors, and approvers of the same. Should Y'onr Jlajesty be advised to disregard these our just and earnest prayers against grievances which have increased under the patience with which we have hitherto endured them, wc sluiU be constrained to feel, that while we form a part of the Uriti:jh Empire, wo are excluded from sharing its equal ana exalted justice. Wc again humbly pray Your ilajesty to lay the whole matter and prayer of this Address before the Lritish House of Commons, and to communicate to them our earnest hope that they will be pleased most favoraljly to regard our wishes, and promote by their wisdom and counsel the redress of our wrongs. , Commons' House of Assembly, 14th March, 1829. (Signed,) MARSHALL S. BIDWELL, Speaker. state 'incinl n«c of resent ell we pre- e they INDEX TO TItE MATTERS CONTAINED IN THE PETITION, Ac, Page. Address to the Crown, by U. C. Assembly, 68 Address of liouse of Commons for copy of U. C. Address, 67 Baldwin, Hon. Robert, 7, 26 Evidence of 33 Bahlwin, Hon. Dr. W. W., 7, 15, 16 Beardsley, B. C.'s Report on Randall's Petition, 8 Evidence 28 Bidwel], Hon.M. S., 7, 17, 26 Bills, for Randall's relief, 14, 15, 19 Boulton, Hon. Henry John, 4, 5, 6, 63 Report on his prosecution of Randall, ... 8 Examined 31 An agent to obtain grant of Chaudi^re Estate, 17, 48 Boulton, Mr. Justice, Advocate for Randall 4, 50 Randall to, 51 Bridgewater case, 4, 5, 25 Chaudii'TC Estate, Bytown, . . 3, 4, 6 to 12, 17, 27 Randall's application for, 46 Instructions concerning, 49 Hon. W. McGillivray's certificate, ... 60 Petition to Governor Gore for, 53 Letters about, 65 Lawsuit, 63 Value of, in 1836, 59, 60 Estimated value in 1852, 13 Clark, Hon. Thomas, 25 Clergy Reserves, Nepean, 6, 23, 27 Colborne, Sir John, — Randall's complaint to,... 62 Dalhousie, Earl of , his efTorts to protect Randall, 20, 23, 24, 57, 61 Devisees of R. Randall, 2 Fillmore, Hon. Millard (now President of the United States,) 26 Hagerman, Mr. Justice, 1, 21 Jones, Jonas, Barristnr, retained for Sherwood 20, 21 Randall's objections to Jones, whom Lord Dalhousie had also retained for him 65 Justice, Administration of 1, 2, 8, 17, 19 Address to the Crown relative to, 68 King's Bench, Court of, 1, 8, Willis on 21 LeBreton, Capt. John, 3, 6, 12, 23, 32, 65 Page. LefTerty, John J., evidence 28 Legislative Council, U. C. throw out Bills for Randall's relief. 15, 16 Mackenzie, W. L., Petition of 1 to 23 Prayer of Petition 22 Morris, Hon. William, evidence 29, 30, Papineau, Hon. Mr. Speaker, named as Chan- cellor, 15 Plea, how demanded in Randall's suit, 2, 9, 11 13, 22, 26, 31, 32, 34, 64 Radenhurst, Thomas M. defending Randall's title 20,21 Randall, Robert, 1 Immigrates to Canada, 3 Petitions Govemoi Gore, 27 Randall's lawsuit with Boulton, 8 to 12 Details thereof, 34 to 42 Randall on 51, 56 Instructions to Firth, 20 Petition to U. C. Assembly (1828) on... 63 Report, in U. C. Assembly, 1828—8, evidence 28 Report, in U. C. Assembly, 1836 — 17, evidence 38 Robinson, Hon, J. B 7 Defending Randall's title 20 Opposing Rolph's motion, < 24 Evidence 30 Rolph, Hon. John, 7, 13, 17 Motion in King's Bench, 24 Address on Randall's trial 25 Sher\vood, Hon. Levins P., 1, 3, 6, 21 Examined 33 Stewart, Alex., Banister — his statement, 13 Thorbum, David's Report on Randall's Petition 17 Evidence, 38 Tucker, Hon. Ex-Chief Justice, named as the Chancellor, 19 Upper Canada Legislative Assembly, Com- mittees of, 7, 17 Randall's Petition to (1828), 63 Waters, Charles, M. P. P., Reports on Nepean Estate, 69, 60 Evidence, 60 Washburn, Mr., on Writ of Error, 25, 68 Willis, Hon. Mr. Justice, named as Chancellor, 14 His opinion, 21 ♦ # Ww^ "^ti^irr^ ^^tK^-ItVti*^"' ■ '' ' piW" .1 -