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MICROCOPY RESOLUTION TEST CHART 
 
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 ^ APPLIED IfVHGE 
 
 Inc 
 
 1653 East Main Street 
 
 Roctiester. New York 14609 USA 
 
 (716) 482 - 0300 - Phone 
 
 (716) 288-5980 -Fax 
 
y. 
 
 REPORT OF TIJE rROCEEDTNGS 
 
 ON titp: application to 
 
 J 4 
 
 J^4 
 
 THE COURT OF COMMON PLEAS 
 
 ,j 
 
 MADE BY 
 
 t 
 
 t 
 
 A 
 
 John Keys, of Pittsliiirgli, 
 
 AGAINST 
 
 Sir Heuiy Smith and J. A. Henderson, Attorneys, 
 
 FOR DEFUAUDING HIM. 
 
» t 
 
 ( 
 1 
 r 
 
 Ij 
 
 d 
 }i 
 
 K 
 
 of 
 to 
 
 rer 
 
IN THE COMMOi\ PLEAS. 
 
 "ornng the 4- ol'll^l/LSr'^' '••"'^. -"-t ,..„- 
 IN THE COMMON PLEAS. 
 
 cha-si* of the west ha f rf 'r /'"' l'"ym"it» in rewf of^ ^ -'l' ""'' "'™ 
 of fiir. T^ i^V "^" 01 Lot min>|)f.r t,,.„„^ Ji'^j'tcr ot ,/ohn Kevq' r»i... 
 
 not be taxeil, and in f . V ^ '' ''"^^ why the sair R n ^ V, ^^"ncossion 
 said John Keys tho .""i-^"" ^'^^'^-^'of ^lev sho d n .°^ ^"'*' «^^«"l'l 
 
 which the sairl ^n,^.t ^^^'■'^' ''^^cr myiny rrnrilf ? .i ''^ ^^«ni froni 
 
 made brthem LnT; tuM >;^^^ ^ ^^^L^VT "''''^^' 
 
 iand, and also ibr thr " ^^'"^ ^ '^'Jiase money of fh.. f'l'V^'y^^^nU 
 
 <^nd also, why the s f i ?'°t,"^ ^^■^''^-'- «aid ] n"l 'f r? .''*''^^«"' ^"^ of 
 fierson sho^l nof 'f '^ '^''' ^^^"'•>' S^^tli an Mr ^'''^'' ^^^'en taxed • 
 herein, ^JSt';!^:;?!^^'- -"ers eoSi^ i /^"l!? ^^-"^- Hen^ 
 
 pes 
 
 % the Court. 
 
 M«.Ga,. then proceeded t,Tr, "^ ""'™^- 
 
 , .'ssessed of the wSt ht^f ^ T " 1'?*"= 'hat John Kevs h.- 
 
 of Pittsburgh, on „ e t ,d" i^?- ?^ "] "'« «"' «« of 
 
 -auired to .:U''r<?,':^?,'-!=l."P».'t b,- tll^^'ol,£:"!^; 
 
 i''v^'^"i, oi- be dispos»essedr''Kot 
 
1/ 
 
 havinf^ the fiiim ro<)iiimi --,£13 1^;. .3fl.— he consulted thcRc per- 
 pnn8,tlieii pr.'i(tisii)«r ;\tt<.rru'y.s in Kin^'ston, on liis position, and 
 finally iirmn^^ed with thejn to ninko theudvanco for him of the 
 £13 l8. 3(1., for repHvmeiit of which he ;,Mve thcni his note for 
 £IH i5s. at oiK^ ycar—Hlx.ut 40 per cent intercBt. They took 
 froni hijii in ad(liti(»n to this note a document which lie Hup- 
 ])oHed to l)e a ^ecurity for the note, hut which was in reality 
 an ahrtolute ansipnucnt of hisrifrhts in the lan(l to one of then'i. 
 That is, to pay themselves for writiiiijj to the Coljc^'e OHice and 
 lendinp^ £13 Js. 3(1. for one year they to(jk a note for £18 15b., 
 aiid ^^ot liohl of an interest in the land worth ,£200 in such a 
 way as to l(3ave their client nothirijLC to show that he had any 
 interest in the land whatever. Keys paid the; £18 15s. on the 
 )naturity of his note, but ^^ot no re-assignment of his land. It 
 was not offered, and he did not know it was re(iuired. The 
 College, treating the Attorney as the owner, as thev must, of 
 course, have done, from the assigrmient fnjm Keys which the 
 Attorney had tiled, wrote to him in June, 185(), tor the instal- 
 ment then due (£21 18s. 8d.), on which the tirm,Bigm'ng them 
 fielves " Attorneys," wrote to Keys to call and pay that sum, 
 which he did i)ay them for transn'iission to Toronto for his own 
 land, as he supposed, hut in reality, as the papers stood, on 
 the Attorney's land. Their Lordships would note here that 
 although all this time the Attorney held this land absolutely' 
 he was not in advance one farthing on it, and he and his part- 
 ner had l)een paid in full for all services rendered to Keys.* Tlie 
 Attorney still holding the land in his own name, things rested 
 till 1858, when Keys got into difficulties. This fact Keys 
 swears he believes was well known to these Attorneys. ]S''()t- 
 withstanding that we hnd that on the 3d of September of that 
 year, they paid to the College $42 93 oi' their own accord, and 
 without being re(piested by Keys to do so. In 1859 Keys' 
 affairs were at a crisis, and tlien they wrote the letter of 
 December 14th, informing him that if I'le was not prepared to 
 pay up $185 81 immediately, they feared they (the College) 
 would juakc costs upon him. Now, how could • the College 
 make (josts upon John ICeys for a claim upon another person ? 
 Did not this letter show tlie desire they had to keep Keys in 
 the dark as to his real position with regard to the land, and 
 also a desire to frighten him to a greater extent than he was 
 by the College's iirst demand for £13 Is. 3d., as to which he 
 had consulted them ? They knew he could not pay the money. 
 Shortly after this Keys left' the country on account of his dit^- 
 eulties, occasioned by endor^ino". to seek employment and did 
 
It, 
 
 not return till the tall of 1860. In the meantinic he had been 
 engaged negotiating, through hi. wife, who renutined tr h" 
 Bale ot part ot h.8 property to nli.vehin. of his (lithridtie. 1, n 
 Ke^ Atton.eys preventnl hi. selling, anappc^ar. hv TOa 
 
 tie took tJie dood troni one of them. 
 
 cov^nantr'"" ^^^"^''^^'^^-^ «"P1>^^^« ^Jiis wu8 a <leed witf,ont 
 
 fh^^m^'^''-'' T'^ r'' **"*^^ '' ''^'^^*' ^^•'♦'^ "<> bar of dower ',nd 
 theathday.t also shows why lie granted the inortg .) ^ ' T ' 
 tinal resnlt may he thus summed up :~ ^ '"' ' 
 
 1st. That from the l(;th of January, 1855 to tho I7fl, .r 
 January 185(5, they held John Kevs''rght In t u c h nd J 
 seeunty torthe adyance of £ 1 , i s. .il., w/deh ll^ J o^e^l r tc^ 
 
 t},p%r7^'^ iiHving on tlu, ITth of January, 185(5, been oaid 
 
 I ll f' /•.^'^•, ''^^\^^^^ -^^^ P«^ ^^"t- interest, th t heh/ hi 
 hu d /r.-i"dulently (taking in the meantin.e a payn en of 
 
 the said land) wttAoNt any mmid^r<Ulonwhai.^vev unt thov 
 
 {.avn,ent of S51:25 without Keys' IcovvleZ , rermo f hi 
 1.0^.^ lu d,Btrc.sed circu,„.,a„.ef .uKl out of fhc cou^'tiri^t'thc 
 
 '1. That when Keys tried to soW If \^^ i««o fi. i • , , 
 land a« ti.ei.., and lio.ented h'isleul.'g u ' '^ ''^'""^"^ "'<' 
 
 ^.toi '■! , •'"""" *."" «o™nant8, and with no In- f 
 dower, ana took his niortraKo, in which thi'v l,nv rl i" ^x- 
 dower for $730, being ll/er cei 7 h, trS-S7S J™ "''?' 
 snm paid by tlien, to the CoUe-re as t ct In^nH f„ !l ^' '•? 
 lands, whereas in fact they harf then onlvlif ^n t^ *^',f "'^ 
 for the same the said sums of ^l^/sSg anf S,^:2k^ "'" ^°"'*^'' 
 «. That having sued on tlieir said Morto-i.re t)„.,. =„„, i • 
 
 maivmg witii $22: <5 received bv them in Janu-irv 1 «*?«?' 
 t,r« n^imittii'" ^j'^ ■« ■ "rl f- fi > _^'" ^" t^anuary, 1856. for 
 "~ ^^^"^° '"■^" ■■"• ^^- ^" t^^ College office and ieuding tiie 
 
ii • 
 
 6 
 
 eamo 
 Rome 
 
 for one year, the total mini of $91fi:05, for havint' written 
 three or tour letters, arid {idvancin^^ £V,\ 1r. lui for 
 
 year at the re.jiieht of Kevs, and tl 
 
 one 
 
 of September, 1858, and the furtl 
 
 le Kum of !?42:f^3 on the ;3rd 
 
 of Jnne, ISOo, without hin reciueKt, and th,. „« 
 when they were found out hv Mr. CHnipheii, tl 
 
 lerrtUi'i of $5J:25on the 2{)th 
 he Runi of $42.3:85 
 
 K 
 
 evi>, a 
 
 nd vv 
 
 witiiin one week 
 
 leii they knew they were to be paid off by K 
 
 len actiujc: for 
 eys 
 
 VA 
 
 Their Lordships would hear in mind that on thiBsum of !ft423 
 wi„:h they traudulently alle-ed they had paid for Key. 
 when hey t^ok lim mort^rHi.e in February, 18<;i, l;ut whii-l 
 they did not oay till Oetober, 18«2, they'ehar^^ed and mndc 
 
 •yH pay tiodve per cent, while they only imid the Coll 
 
 K 
 
 per cent 
 
 ege (SIX 
 
 The frauds charged are, Hrnt, taking and holding Keys' inter- 
 est, valued at £200, withmit any e.iuivalcnt and witbout hi. 
 
 interests — iie being their client. 
 
 f n n,'l'p ''i?"'" ''' f^'Py''''^, !^'''^ «^ to the amount i.aid for him 
 to the College and giving h,m a JJced when they had no title, 
 
 !^M f]^ ^'^""^^!''^^^''^''",^"'? ''^'^"^ ''•"' ^^ Mortgage, on 
 which they traudulently realised as nearly as may be $;m i'05 
 
 tor an advance of $01, uiadc of their" own accord, for in 
 average period ot ei«rhteen months. 
 
 <IJ J^f'fl-'l" 1 ^ furnislied by the Attorney tries to account for 
 ^2n ot that, by saying that it wan a sum paid for expenses, trou- 
 ble letters, posta^res^ and extending time over a series of years 
 -vvliereas, as tlieir L<)rdships would see, that the real fact: was 
 tliat in eonsccpience ot his transactions with these AttorneNS he 
 was obliged to pay for his land throe y vars before the Col e' e 
 miun-ecl payinent and to pay interest at twelve per cent 
 instead ot six, which was all the College demanded. 
 
 Chief Justice Drapek.— Take yi^iir rule, Mr. Gait. 
 
 Mii. Galt handed in the following aflidavit •— 
 
U..1 rc,|uiri„« ,„„ to ,„„ke a puym ^ ,«un irLt 72,17 r'"'*'^' 
 pOBKTOWii ol Buid Lot to llifiii. '"-"•"I. or tliut 1 Hhuul.l ,l,.livBr ui> 
 
 uJiJ'T ' '""' '!'?' "'"T'' »"'• •■'■"«'' "'»"' 46 a,Tf^ of ...1,1 r„. I,.„l 
 
 Smproi'edrir,' '"^ "'""""• ' >''"'"^'' «" "-'-J. ..".1 o[i;:';:d 
 
 to,'; J!;;' ,'oToS;'Kk! fS;"tT'""^"" r"v"""'-'"™ "'f"-' 
 
 Court. u« to n.y poH i?n in re e enrto Sl\'*'^"'7' *^*'''r "''"•^'•'^'''" 
 their Office ut Kingston. '''*-'*^"''' ^"^ '^"'^^ ^^t' ^"^ «»vvv both of them in 
 
 ^^^nJ^:^^.;r^JSCt J'r'^^^" f"« -„.„u.ni.ation 
 would arrange the mattoMbr Jn" ' '" ''^"'" ^" ^ ^'''^ ^^J^**' «"J they 
 
 «l.ou J^Jet^r;:^^^^^^ ^?t '^-n - that the, 
 
 ii^dir::^'^;^:;;.^:?^,:;^^:!;,^;;;; -'trio"^^ .ivon. the .ua sn^h and 
 
 to be a security, in iddftioi^ to U e id tT'''''''' ''''.'''' ^ ^'^^'^ «"PP'>««^I 
 which interest^^as tl^n Sued by n e at £20()'V'''^/"'''''' '" ^^"' '^'*'' 
 Haid £13 iH. 3d., but which saUidooumnnfT*' *''.'' ^^r'Hyment of the 
 and verily believe vval in L? .1 o? T^ ' "' ^ ^''^^'« «'n^-o been informed, 
 .aid Lot Vi:i^Jj:Zl7ll^^^^^^^^ ^' ^" -^ -merest iu 
 
 Ji SeitXr^;::^^^^^^^ ^^. tf'o year last afore- 
 
 which money I deliveredr?! e Ta d sShL 117'?"*'"^ *" ^-^ ^««- ^J- 
 and Agents/to forward for ^.e^^id^the "£"""' ^^' '"^^"^^^^y^ 
 
 ire'^deSinSnrSL^n'^cettrd"^^^ ^ T^ Smith and 
 
 States of America in the fall of the y a AD Tflm^T ^T ^l'*' ^""''^^ 
 about nine months, as I believe save Im^ .'vn; ? • .T'*^'^ ^ ^'^^ ^^««» f^"" 
 from them in the ^ords and figur^rfollowiug ^1^* '* '^' '''''^' '^ ^ ^'^'^^ 
 
 " KiNosToy, Dec. 14, 1859. 
 
 " will make costs upon your" " ^"^ "^ '''°' '' ""'mediately, we fear ih,y 
 
 " Yours, &e., 
 " IVTr. Joiix Keys, Pittsburgli.V " ^^^^^^ ^ HENDERSOX. 
 
 The o^^inal of which letter is attached to this affidavit and marked « A " 
 
8 
 
 io the .aid land, and o,^ldLTluritt Iha/r ?"'.,'■ '""' "? "S"' 
 that it w„, „w,ed by thenrtho i:li Si 'and ^^fndT^™ ? ttatShf 
 would allow my wife to remain on U,e Lot foi' one year and .'l.^fo i^-^ 
 not return m tlio meantime and settle witli iIia,?, UTl i, 1?' '^ ' ''"' 
 turn hcroutof iios»e«ion m .nllV]„7 ;, ,"' '"« '•""1. they won hi 
 
 ;:yn^ri'Ld'=--fe^^ 
 
 Hende™™! whtXy iSmod"rSi "\^'» «»" *« ™M Smi.h and 
 
 for said Lo't, and tS„7they Zfd give m a led J' t t" '^°"''«'' '" f"" 
 the amount llicy had rai.I with int^^^cf . . ''^'"' " """rtglge for 
 
 eentumperannu^m, to ^Sici, J isrceA"'"'' '^"'"""' "' "'« '"'« »f 12 per 
 
 aftlrwaS! unHru'dpL^and'K""";'!'. ""M*"^"' "" "'""y t™" 
 n,e any account .ho«"„RTow t"^, urn L7I?30 ,r' ""!■'«?««' '■"^" «" 
 
 by the mortgage which ? gave' tL^ron'.i m te^PetaTrrrf? 
 l»bl, on receiving a deed in Dursuanr^o nf ««; i ^ \ J^ebruary, A.D. 
 
 but th.^ ».np,y .?,d n>e that t!i'^Z:Z' Z^i!^-,Z"'^^rcZt "'' 
 
 money m": «:3n"td X!: KeT'd"' f f. ''^ Instalment of the 
 Smitlf, threatening to pu mf t1,% ' E?e ,„£ If' '""' "•" "^''^ ""--y 
 S233 CO was paid immSiatX Jf? i '« ' "'^"'"' '"n»™ting ti 
 Smith and IleLerson C Sme """^rds sued by the "said 
 
 bort'^S';^' "uSTtllTmon^J'frrS to etl^f "''^I *^"»e«" -" 
 said Mortgage. ^ "'" *° ^^^^^^ "^e to discharge the 
 
 tttreJaKSlU'-LXtaiS^^^^^^^^^^^ 
 
 the deed and too,, the mo^Wte^fa"; ttTa^?^tr.^rg:^ 
 hell!;fe^^^!r„rm"artrfi5!? '"" >^"- """^raph of this affidavit is 
 
 HoLa\t At»ndtVamt,;^.tdTma„T'^'^«° '"'■V'"'™'^ "'» ^"'^ 'ho 
 and Henderson, showinrKLl1,l^r„f''/i*"^ ">« '"i'' Smith 
 
 for me on account of sa"d Lot wit hel^! f """""^^ advanced by then, 
 delay and repealed appUcatio'nr y Z t'?Mr7Crhell"?o' f"" '°"« 
 them, I received through Mr rnmXii tk ^'anipbell for the same to 
 marlted " C," from the sadSmiVh Sir '¥ """""'^ """"''ed hereto and 
 the handwriting of tL said tent;"!""""'"''™"- ""^ ^'""' ""»"■" « '" 
 
 the!ai?u1?vS; tfeltorMfgi''' ''"'l. «->'?'-' 'o pay for me to 
 having been advan^cedrro^tt^/d dro';^^!'™".'^ ^i' ---™' »' 
 
 ,. . . J , ^ 
 
 .D. 
 
 1 o/ro 
 
 I--'— ^■*-..^__,„ 
 
informed by 
 1 been nego- 
 purchaso of 
 ad no right 
 ; on it, and 
 ; that thoy 
 liat if I did 
 they would 
 ' to the said 
 nformed me 
 lent of that 
 Lot, which 
 
 Smith and 
 
 lego in full 
 
 artgage for 
 
 of 12 per 
 
 t 'any time 
 , render to 
 m secured 
 ary, A.D. 
 made up, 
 ollege. 
 ent of the 
 lid Henry 
 unting to 
 ■ the said 
 
 abell and 
 iiarge the 
 
 mith and 
 
 [ me, and 
 iscovered 
 Bof$4i>3 
 8G1, was 
 gave me 
 ull. 
 
 fidavit is 
 
 said the 
 d Smith 
 by them 
 
 * a long 
 same to 
 eto and 
 int is in 
 
 • me to 
 ount as 
 
 to ti; lif JniSt'yIhes" m of.5^f -^'^^f'^^" *-^-"- ^^ "- 
 
 Imving been paid by^them fo^nfe't the "^^'^ ''^ '^'" '*''^' ^'•^'"'^^ ""^ 
 
 hat 1 was absent from this Pro W n th^ n^^^l'!""''.^-^*' ^^^^^ ^"^d 
 
 -^e^when the said last mentioJ^S^,;^ ^I'^il^^tX^t:::!^:^ 
 
 ^f^P^'^^^^^^^^^ ir «^'^204 to the 
 
 untilIrecei;edthe":SSntra^rS''C''^'' '° '^ "^^^^ ^^^-^ "" 
 
 f^^^^^^^ S-tl,and Henderson the 
 
 I was under the inipression ^d be ^1^^ f^^^^^^^^^ 
 
 pnncinalsum of money mentioned nSJlT. their statements that the 
 
 (Signed) 
 
 JOHN KEYS. 
 
 M. W. STRANGE 
 
 A Ccnnrmsnmer in KN.] ^c, in a^M said Cmnty. 
 
 A. 
 
 Dear Sr« Wn i i Kingstox, Dec. 14, 1859. 
 
 ^^f^'^l^^^^ ^^^ OoUege havefur- 
 
 und unless you are prepared to ply u^M 85 8^ ^'^P^' ^'t^^burgh,- 
 
 will make costs upon you. ^ ^ ^ ^ ^^ immediately, we fear they 
 
 Yours, &c., 
 Mr. 3on„ Kev,. Pittsburgh!^''""''' '""" * "^^^''DEUSON. 
 
 (Signed) M.W. STRANGE. 
 
 B. 
 
 Hf n o , Kingston, 28th March 1862 
 
 My Dear Srp 1 i.^^..,.* >.^ i!_ i ... , ^ '' *""''• 
 
16 
 
 o7?„r tsi'sn&sVo':" '■" "^ '^"'^ "•»•" »• The ™„„w 
 
 Yours, &c., 
 Mr. JoHv IvEvs, PItts]>urKh. ^'^'^""^^ "^^^^^^ SMITH. 
 
 (Signed) M.W. STRANGE. 
 
 C. 
 
 1H5G. January 17. , 
 
 Received £18 15s„ to rennv l*1'> lo qi i 
 16th January, 1855 ^ ^ ^" ^'- ■^'^- ^'^'••'^"ced to College Office on 
 
 1850. August 19. 
 Received £21 18s. 8d., which was sent to College Office 
 . Iho College wrote that on 20fch June 1800 fZ . , 
 giving credit for all moneys reunted ' '''''' ^"<^ *''«"' after 
 Interest to date of Mortgage, I4th Februa;y, 18G1 ^^?? fr 
 
 Advanced $42 93 on 3rd September 1S5S «p. ao ■ , . ''^423 85 
 
 ^ that date to date of Mortga'r ' ' ^^ ^^ ^"'"''•'^'^ ^^^"^ 
 
 And $51 25 on 29th June, 18g5, ^1 48 interert to d^'te of Mortgag;; tl t! 
 
 Amount given per agreement whip). ;««!„ i ^^20 00 
 
 letter's, postagesf anrextcnS til f '^P'"'"'' *''«"^'«' 
 fieries of years ... '^'''^^"^"'S time for payment over a 
 
 204 00 
 
 This is the paper writing marked C mo^r i , ^"^^ ^ 
 
 annexed affida^t^f John K^.^^^ ^^^ S^!^ ii;;:^!^:^^^/^^ 
 
 (Signed) M. W. STRANGE. 
 
 m THE COMMON PLEAS. 
 
 In the matfei' of Sir Ifmni <,'»>;//, r- • j^ 
 
 miifSfaS^.;™':: ''■"<'™»' °f *'- ^Uy or Kings,o„, Ear™tc,-aW„w 
 
 ^^' ?eluline to tii*. 
 
 to the 
 
11 
 
 n„tSro,irTt„^i;f „^';'^.°f,^;;' --•>" two„f,.o„c, i„ .he Sixth 
 ..e«gn„t,uo attached ti.crtto is i";.'"' ""= ■'""' l--ni»er5ity, ind 
 
 .;u';T/;''/8.!l;^.'„t:>:*.»°-rd ^;"h'"" *" ?"• ••"''" '"■>•., da„.„ 
 
 i.ao<,,vHti„g ;,,Uhe ag,vl„S:!;.l'S^rS fl^!,^^^^^^^^ '» "' "-' 
 i. 'iiU H"vi„t ""' •'"™' ^'--"-- I'-""-. i» m-ried, an,, hi, ,vife 
 
 (Kigncl) n, ji. WIUvlSON 
 
 ^^Swnm^bcforome at the Cit/„f Toronto, thi. lUh ..ajof Februan- 
 
 (Signed) s. J. VANK0UGIINI':T, 
 
 C'om'r in B. R., &c. 
 
 MU. BUCHAN'S LETTER, REFERRED TO IN J,R. WttKISON'. 
 
 AFFIDAVIT. "^is.JowM h 
 
 OrrtcBor i„. Bu„,.« or the Uk,..„»„v ..„ Co,,,,b..s „ T„ho«o 
 
 loRONTo, 7th October, 1862. 
 
 My Dear Sir- 
 
 W. J 21. G PiTTSIlURGH. 
 
 Of this OfficVnot to gfvetSaTbn IZlf^' 1^ ^''' ^"^^^^"> '' - '"^ ^ulo 
 .accounts for purchase of lanXw thou? th coSonf c,f tho"""? '''' ''^'' '^ 
 rule 18 only departed from whore there nro^fn-f ^"^ purchaser. Thin 
 seem to warrant such a departure • and o„ W? '' • ^'''l""^'^*^"•^«« ^''i^''^ 
 appears to me that it may K bJ consider ^d^.I'!-^ '"^' the present case, it 
 The laud was offered U> John lloyl wtn if^ <^rni one of the exceptions, 
 remitted the first instalment tl^^^scnt an^da • uiiaMc''' ""^^ ^^^^^^r^on 
 sion, and a transfer from him to Mr ir..! i ''^*'''^*^ ^^^^-^'« ^''^ ^n posses- 
 tion. These facts, couplSdwUh 'onr jf f "'T ^""^ "^ """""''^^ oonsidera- 
 information a^kedVort behalf o^oh^K^^^^^^^^ '"''''' '' ^"'^'^^' ^'^ *« ^^e 
 
 ^^tr:z:^:^^,Si::iiz^'':^ ^t"^. '^^"' -^ ^^^ re- 
 cent on the unpaid balance These rothos^.;r^ ^"""•'^'•'^ "^ « P^»- 
 
 of town or citv nrnnnrfv ,^k^ ^l "^"'^^ *®''™« oxcopt in the c'lsn 
 
 There ha, b^ pP-K^ot" ''f%?rSVlV"''''''T''^ "'""««" 
 interest, $130 04. There is still H,.„ „„ i ' 1 r ■ • """' <"> "ccoiine of 
 
 And on account of interest (tiothinS''™"''''' - **** "' 
 
 ' ••• ••• «•• 55 30 
 
 |460~37 
 
12 
 
 lam, Dear Sir, 
 
 Yours very truly, 
 
 DAVID BDCHAN, 
 The Hon. A. Campbell, &o., &c.. Bursar. 
 
 Kingston. 
 
 purpWtoHng'ouUhol^ld! ''"'"""" °f "»"""' "'«' '»«'«'^«k for the 
 
 PAPER MARKED ..A,» REFERRED TO m MR. W.LKISONS AFFIDAVIT. 
 
 Office of the Bursar of the > 
 
 ^^'^^'*'"'*''''^' AND Colleges at ToRovrr. C 
 
 STATEMENT OF ACCOUNT RFF ATrMr rr^ .x. "*=« *^ ^okonto. $ 
 
 Pi™«URr.H; ,00 AcYE^iT^™" S,VL4'i?Ry 'b^.f-; 
 
 James Alexander Henderson. 
 1855. January 10,-1 St Instalment paid I'^n^^J; ^"'"''^^t- 
 
 I860. June 29,-Paid on account TLesr^' ,^2 5. 
 
 1862. October 24,-Balance Principal and West ;:; ^ 01 HH 
 
 1862. October 24,— On account of Deed 
 " 28,— Balance for Deed . . 
 
 . $1 94 
 . 1 05 
 
 $500 00 $193 00 
 
 $2 09 
 
 SMITH . «^^r..n^o..^^n ™^kevs, hekerbko to ih 
 
 Mn. John Keys, Pittsburgh. 
 
 You will therefore please call and pay without delay. 
 
 We remain, yours, 
 
 SMITH & HENDERSON, 
 Juiie 9, 1856. Attorneys. 
 
ase the fees 
 
 AN, 
 Bursar. 
 
 eek for the 
 
 ^FIDAVIT. 
 
 IE > 
 
 aONTO. \ 
 
 fiTH CON. 
 m J ANY, 
 
 Interest. 
 
 $ 42 80 
 42 50 
 51 25 
 56 3(> 
 
 $193 00 
 
 TO IN 
 
 sburgh, 
 K inter- 
 he Col- 
 
 50N, 
 orneys. 
 
 IN THE COMMON PLEAS. 
 
 EASTEK TEUM, 36to VICTOKIA. 
 Mr. Thomas Gai,t, Q.O., moved that the rule ohtHfnr.^ ;„ 
 
 on V^lu'fK^f^l ^"^"*'' '""' •'"■"''« llexande e^'d^^^ 
 Co,nt ttr ■'n , "''""'' T''' H' «"" «» them to account to tl,e 
 Couitlor alleged misconduct in dealine imnroTiorlv V,v LiV. 
 lleys, ono oftfieir clients, be made absolute. '^'^ ^ °'"' 
 «l,^!w ■''■ :f^-^^*''KiWN appeared to show cause why the rule 
 S:- """^' '""'"• ^« ^""'l *« fo'>°wing affi- 
 
 IN THE COMMON PLEAS 
 
 1. I, James Alexander Henderson of fhn CM^r r.e v ^ ^ 
 above named, make oath and sav 'Th.f r « ^ ^ Kingston, Esquire, 
 Keys, of the IWnship of I?ttsbur^rYeom4^r^^ ^^ '^"^n 
 
 application is made,^in any S'or ^yXl,:^th^^ 
 Keys never at any time consulted the said Sir HenrTsmith n^^^^ ^^ '^^1! 
 of us as Attorneys or professional men ; that Sr the said^'^^^^^^ 
 •Smith nor I were ever emnlnvori au a A "*" "'^'•'"^^ me said fsir Henry 
 
 andthatbeforrtireLme^Sntoftitt^^^^^^^^^ *^'' f-*^^ "^^^^ I^«:^«^ 
 
 paragraph of the affidavfuS Johu^J^^^^^^^^ '^^ «- fifth 
 
 I at all acquainted with the said John Keys ' ' ^'"'^'^ ^'^^ ^'^« 
 
 2. That when the said John Kovs firsf. pnmn +« +t,^ ^o: /. 
 partner Sir Honry Smith, he wi2edt kTw ifhl „uw'„bL"n-r l'^ """J 
 
 spcculntion or loans of money connected with iTnl '" "°* """age" any 
 Key, remarked to mo that ho^ Zug t Sir H n rSm'ilh he nt '^'^^t" 
 ^ntScT '' "°"'' "^ ""^ '- »"™ f«vorSTert'^i A?^2S; 
 
 nffl^a oV^.,4. i.U- l-.__i • ' OU.1U OUUU IVOyS WOUla not hftV.1 onma *rt *k« 
 
14 
 
 r*. 
 
 
 not awar« that the said J„hn K v' ^ ,. ■ '" T"'""""' ''"'' ' "»» 
 
 ■John KojB appearing to ino t^ bo u ,S' Jlu "'i'^T- '''«'^^"l'i«». "■« »ai,l 
 not tlio ready money. ' "•>' """ '^ ''" '-'""Cr, but wlw liad 
 
 6. That I am not aware firul T r\n r,„«. i i- ,i 
 taken of the circ.nn.staifcoJ of 1 .^.id Jol n fc *'"'' T^ 't^""^'^' ^•'^« 
 hereinafter n.entioned was signc by nie i ho^^ T '"^T '\' f ^^•^^"'C"^ 
 ho expre««cd his «atisfaotiuu at the iJango,uont ' ' '^'"^ '^'^'" ^^'^' ' 
 
 aware of the term/ until a fer tho «^id T "'i? ""''*• '^"^ *'^=^^ ^ ^^'^^« ""t 
 arrangument was completed when SiMI '"v sl^H '•'/'" f ^^ "■^"'' *'^« 
 had taken an asHignment fVom John Kovs of H ^f l>""ca mo that he 
 
 name, ,.ndwith the understanLir th it t ul r ' ^''"^'" '^"^*^^'^'" ^'^ '"J 
 through me to the University I "As oJvoK^^ Z"'!^' "" '^^« ^^'^^'"^^'"^^ 
 ho had advanced the first iStalmonttfLr?- "" '^''■f )• '^"^^ ^^'^^ '>^'^' that 
 Key,s had given his note pay^^^^^^^^ onoXo.Tf''^^' ^^ ^^^^^«' '^"'^ "mt 
 fifteen shillings. ^^ '"^ *^°° ><^'^^' ^^^ eighteen pounds and 
 
 8. That the contract of sale fmm tim rT►^• 
 the said land, and on bS of v h^ a^^^^^^^^^^ 
 
 August, one thousand eight hundred md Iff,. ^ ^ twcnty-n.nth day of 
 the office after the «aid Itrrhngelnt "^^^^ 
 
 agreen.ent in the following words - Whin lolfnV'"'^ ?'"'^ '' ^ ''^^'^'^^ '^" 
 " ments on the within 100 Z c ^f Zd h, "^ ^^^f *kes the annual pay- 
 " paid to tho Bursar of the ( niver ^^v at - iT"^ ^^'^T'" '^'""^^ ''« ^""y 
 ; his expense, convoy the said 100 ato^of '- '?''' ' -"^"' ^ ^^"' ""^ 
 "August 185G. j/a. llEN«EKS0K/'-and ^conv nr*' , ^'^''"^ *'"« "^^^^ 
 
 ^^^^i^it:::^^^^^ \r. ^-4 - his, sub. 
 
 due, that I stood between him ind^the nf^^ to the University as they fell 
 responsible for tho payment^ tnd hat ^f '''T' ,**''"' ^ ^''^'^ Personally 
 punctually so as I coSld remit them an\vl,- i'^?^ ^'' '^'^''^'^ "'^^^^ t^^^'" 
 would do. " ^''^'"' ^" ^^^"eh he promised mc that he 
 
 beano's™ t by C;TSrd' "1^/^^^'^^''' '^^ '""^ """ 
 Henry Snatb ; that I „ Jl^ .S^^^JV^ l^^^^^ 'i'LT^ 
 
 ti.o<H. „.at, .i^bt^afete^-^^^^ ' 
 
 was-wri!;™ t my r"c"vr:l 'ktSrlftT'"?;" '^''!"?""'» °'«'^-it mod 
 amount in arroar/and .lll^TL'l^^'i foter '"'""""^ »" "^ «"> 
 
 ani'if^t^S.t £&b" df:^„fl^"""; ™" '!'»■"»'• -Sl.t hundred 
 and .rty-eigbt, a,a in ■>^^:^o^::^^C:;^tJ;T^ 
 
15 
 
 .eys' 
 
 I'itten by tho 
 
 Jurear, 
 
 attention to them, jind I hnv« «., «- " i '^:^"*^^ *"' Keys b 
 
 .ers 
 
 were 
 f.j 
 
 attcntion't::> 'thom:;u;;nimr^'ZnJ*r'"'? *"• ^'y'' ^"^ ^^'^ T'Hld no 
 respecting thorn. "^ recollection ol seeing hin, in the offiee 
 
 ei^;^en"un!.^d'i>;riil^j;;i:r^it-.it^^^^ 1'";^'^ i".^'- '^^*- ^^ 
 
 letters uhove mentioned in XUranh f^^rJ";^-'?'^ ""^ "'''*/' '^" ^^'"■"'' 
 Huvsar .re hereunto unnoxeSfnaS A,"?]; C, respS^^Ty """^'" ''^ *''« 
 
 StaL o?^mS mftU^iir ^^lil? ^^^S" £ ^^^ '^'^' ^^^« ^^ ^^'^ ^"'^^^ 
 wished to sell part of the lar.d o one Will J""^'' f^'"'' *" "'^ "^^'e ^ud 
 of J>itt,s))ur^rh, Yeoman I further s.!t?7 .^ucfarlane, of the Town.ship 
 «aid John Keys and the st d A^^^U-u f vlf r '*'" if'^'T'^ ^''« ^vife of th'e 
 land or niake any tr-ihsfm wi h '; ^^'•'^^'"■^^"'';, tl'^t I eould not sell the 
 -^^^^thavenj^Zloi'TL^^^^ John Keys, and that I 
 
 always consiliered Kev-s o be ho e,S?. i ^' ^'' '^"^"^^ '"'^ ^« ''*<^"' '^« ^ 
 •John Keyp pressed nie to «e thi i ' ''''^? '"''"'^^ ' ^^"'t the sal<l wife of 
 
 whereabo^utroTsaidXhn Keys '"^' ""^ ''"''*^ '^'' ^'^» "ot know the 
 
 Yeolan'lr.Ll°tL''XiJr;.:'^^'^ -id Township of Pittsburgh, 
 «aid wife of said Ko^LTaiterto'::!??^^^^?-^ '''''''''''' ^^"'^' - 
 
 of said Keys havin'-g offZdl "IlUt Zut^ 
 
 could not transfer o? sell it unless K.v«;.f ^"^or"^«<l ••^ I of them that I 
 
 power of Attorney. ^'^^ returned, or unless he sent me a 
 
 Join K^!''^^^^^" *^^^^ P-^°"^ -ro sent to me by the wife of said 
 
 claim t^o't tdorsome't Ke3js, believing she had some 
 
 that the land was mSs Sm th if r. i ""^^ '""^T''"^ '""'^ Donaldson 
 it,and that the saidlaXt no ?o^ snir> T^^^^ ^^'''^ ^"« '^'^^1 ^^ought 
 
 tion of claiming the land ' ^'""^ ^^""^ '* '^^^ ^^^'^ ^'^th no inten- 
 
 he?am?i\lt^'ire"irml^rneT\^^^ ^H ?.' ^^^^^^ ^^^^^es " 
 
 land to Macfarlane. I told Su nevetlnfn'^'^^^ ^ ^'^^ °^'* ««1^ the 
 
 no power without his consen I akn fnf *i"? .'^°'°.« '°' ^"^^ t^^t I had 
 
 for tho fatarc. Ho then rcnnr^rZ/l,! i ' fl"^ '''"'1'"' "'""''"1 " •i" 
 residence and see hirn^nd mJt^ " *'"'"''' K» '" ^ir Henry SmiU,'» 
 
 lu.n to do », a, Vi " Henry Sift'S """.T.?'™.? ''"■ ''™- ' <'-i ' 
 l".n, and knew ,„oro abo„{ the ttta tllalu JM? " ""■•■"'S™«'"' with 
 
 of?it; ZniLfeS'l'^^y? « "emorandnm to show to Sir TT.„r- «^ii|, 
 Bursa" ''" ■'"" '""" "" ''"" """ "i-" "able to pay ibr hi?„ to^he 
 
16 
 
 thfflufLl mLl^an^'a^rrj;^ '^"^ ^".^-^ -t-n told n,e 
 
 • take buck a mort^.^e fTS I L.T a d fh?T^*' ^''' ^'^ ^ ^^^'^ *^°'l 
 wimt 1 ha<l to pay to tho BnrL 1 ^ t ?"'"''?'* '^"'^ "'*«'"««^' ""^^ 
 
 ilonry SmithaSid-monerwlW..!.^^ 'nentioned about offering Sir 
 
 other^sums and irXded irt'he xn"rt4r' "'"''' ^'""^^ ^^ ^^^«^ ^ *^-* 
 
 paid much attentio?rtire detaUs of^hi. rr'^ my memory, not having 
 that the said deed and inc^Jt.m<retaf t^l.n o ?*,' ^"^ f ^'^^^ ^^^^ «« 
 carried out by Sir Hcurv Smkh tvZn l . ' ""l^^f ""'^ *'^^ arrangement 
 
 that in this iitancea7in eve ; other irr^nn^^^' ''''T.'' I''' ''^^■'' ^'^^ 
 ters or specuhition I leave ih^Lfr. ^stance connected with land mat- 
 do not b'urthen my mlnT^ilhXm "^^"''^S^'"^^* *« ^^^ "e°ry Smith, and 
 
 ^^^'^^'tt'S^^^^^^^ sixty-one, the 
 
 avrangements. ■ ""^ """"^y S"'"' carrying out the- 
 
 r,hL was' ia™ u7 rSi^^lJSn^'tS''""'?^" "' *e said ^ort^aso, • 
 toii,inc; that wlien I wont intn I- ^ . •'" '"" ™»"'' ^'"ch is nfxt 
 
 Henry Smith r"aro;e7th„amo'n''-H ^ "'^ 'r° "'"'^''S" ' •"="' s" 
 Keys. """""" '"'* t«™s »f payment to said John 
 
 room^Iin'aSn^tooTnoZ?:^''*'''"' l^"L"'" ""'"™ ^ ■''"""'■'l to my 
 when called upon in NovenXr hi ^".k* ,'r " "'™f "^ "-e mortgage, and 
 to explain how'^JL amount o the IrL'^^^^ HomrMe Alexander Calnphel 
 do so correctly, 1 'it I reZmwLr ''*/'"' '"*<''' "P- ^ was not able to 
 who was thonVflnod to W^house S' who"!!"? ''''' '" «'■• H«>nrv Smith! 
 not being able to artic-ilntT w r who had a severe attack of quinsy, 
 
 make thf necessary inquirfe. ^ '"°'""''' "» his return to the office to 
 
 am'otr was' mad:'„;°1„7U^re™d"unoTf '^"'^ "f,'? «»"" ^"^ "'e 
 brought it to my reco'^leSn flat Kovs h'^;! t^t-^''VT' """ "'<"' ''« 
 
 ourtrouble n.tior/e:tSL^^^^^^^^^ 
 
 SmiVb'I^fritiig^o\\\rXf S Thv"? " '"™°™«'"»' in Sir He„^ 
 Keys handed nfe after seeinrSirHcn^y Sir'""™''""" ^ "°^ '"""^™ 
 
 wi?iu.?e'frra;rgrmi^Te'r^lrwth%'?^^^^^^^ 
 
 contrary, he appeared to be satisfied """'^ *^"""'' •"" °» "'e 
 
 «sj«rKeS^S:Mnrdi^?^^^^^^^^ 
 
 told the said Keys that S r H,.,?rl « •„ 'H° "'"' ^ "o™' at any time 
 bad paid the Co«ege in full ^ **"""' ^ '- ■"■ «■""'' ""d Hendersoi^ ' 
 
 bcltanJmS™:! i1,tV;i«rnt1;PP"^^*;™».™»* ^^ »r- Camp- 
 John Keys. „a, causcd1,;'"st Hty^'Sl? iint l^?it4 
 
17 
 
 enabled to attend the office and f buf r^^ ^ - 
 
 count without obtniniuK bibrmat on^^^^^^^ ''^^^'^ '^^ «-- 
 
 'lelay mentioned was only aborthree Cks ^ " ' ""^ '^'''' '^' 
 
 I venly believe, to injure or oppIomluiKlvl i^'\ ^''"'y ^"^'^h, a.s 
 
 that the giving of the n(,te n £ TwnfP ' """"^ ^ ^^^'"-^'^ und.-r.stood 
 mentioned, and\he premium ^'t c^J^^CuSTif'^ "*' '^'' ""^^^^^'^ 
 eighth paragraph ot" this aftidavit nmit Z 1 ^^^'' '" the twenty- 
 and without any coercion or pressL w * ?u. ' "^"^ !T ""^ voluntary, 
 34. That no charges whirrZ. ''' """^^ ^'^'''' '' ^'''^ ««• 
 
 to repay or refund any °„™^;^ '^^^J^ P^"^™ «■• P™ons on hi, behalf 
 
 dower,''o'\VatZr;Z""nf owe,?" """ '"^ """" ""'I "<" barred her 
 until I read over ttorfflja^"^? 0'''^:°* Mo''rS'"w°-';.'!" ""' =" ^^ 
 matter. -tiouert iViortimer Wilkison tiled in this 
 
 JHnji':ireLi'';i4\ri"S%rfhe"''''- !'/."""«• -'^ ' -ai- 
 
 bar of her dower. ' ''^'='' *" ""= """l Join Keys containing a 
 
 co'?d u'5:;'fic? Mcefhe'S*-; T' ^°""^ "■'' »'" »'™tiona, „or 
 for my wife in liLTf dower. "''''"' ^'^'' "" ' have made proviCu 
 
 mot- tS ShkTh^ vaCortHelTdrn'^-S^'"' ■=""" »' «' »- worth 
 
 Lniversity and Colleges offioo^ If JT^ expenses charged bv tho 
 oeived as'appears by'f ^ittaS Uenal'loX f^T'' ^'^ ««^^1 ^ursTr ' 
 annexed payable to the order of the sa?d R„l '^"^ T'^'"^ ^' ^'^^-eunto 
 him, and on which he receivcrl tl.« ^ Bursar, and endorsed over bv 
 
 said cheque; that on t^Letee^th^r^^^^^^^ ^° the face If thJ 
 
 and fifty-sLx, I paid to the sai dlW..^ ^"?"'*' eighteen hundred 
 land of eighty-seven dollars aid fZl ^ '''°°'^ instalment on the said 
 said Bursar received a? a^n^lff'^^r'-?"*'' ^"^ ^'J^^ch moneys tho 
 
 hereunto annexed, marked E^'^^a aWe\o";if ' t.f He^^^^^^on's cheque 
 and endorsed over bv him and nn ii • i. ^ '''^^'' °^ ^^e said Bursar 
 tioned on the face oVS mentionc^^i ' ^-^ived the monevs men 
 meindue course the receiZ ft^^^'^"*'' that the said Bursar sent 
 I handed to said John^a 1^ ^f^^^^^S -^ -^^-h two S?s 
 tuousana eight hundred and fitty-six, ^^ rS^:^{^ tSe^ 
 
18 
 
 mentionetl agreement ; that I paid to the sftid RuMnr on account of said 
 liind, on the fourth day of September, eighteen hundred and tiftv-oii(ht, a 
 furtlier sum of forty-two dollars and lifty seven cents, as apj)eairt by the 
 annexed reeeipt marked F, and wliich receipt is signed by Allan ('ame- 
 rou, the Cashier in the Buraar's oHice of the University and Colleges at 
 Toronto; that I paid to the said Bursar on account of said land, on the 
 twenty-ninth day of June, eighteen hundred a»jd sixty, a further sum of 
 iifty-one dollars and tvventy-tive cents, us appears by the annexed receipt 
 marked G, and signetl by the said Allan Cameron ; that on the twenty- 
 fourth day of October, eighteen hundred and sixty-two, I paid to the 
 said Bursar on account of said laml a further sum of four hundred and 
 sixty-tliree dollars and thirty-seven centii, as appears by the annexed re- 
 ceipt marked H, and signed by the said Allan Cameron; and that I also 
 paid on the twHty eighth day of Oi;tober aforesaid the remaining sum of 
 one doHar and five cents, balance of expenses cliarged by the Bursar on 
 the said land, as appears by the annexed receipt marked 1, and also 
 signed by the said Allan C^amcron. 
 
 43. Tlmt I never infonned the said Jolm Keys that Sir Henry Smith or 
 myself or Smith antl Henderson liad paid to the College tlie sum of seven 
 hundred and thirty dollars, or any sum or sums, except the two first in- 
 stalments and the sums of forty-two dollars and fifty-nine cents and iifty- 
 one dollars and twenty-five cenU. 
 
 43. That the payment of the said mortgage by the said John Keys in 
 full was entirely voluntary on his part, and was not demanded by my sell 
 or partner. 
 
 44. That the annexed paper marked J is an account of the receipts and 
 payments made by Smith and Henderson in respect of John Keys' pur- 
 chase of the West half of Lot Number Twenty-One in the Sixth Conces- 
 Bion of the Township of Pittsburgh. 
 
 (Signed) JAS. A. HENDERSON. 
 
 Sworn before me at the City of Kingston, this 18th day of May, A.D. 
 1863, 
 
 (Signed) B. M. BRITTON, 
 
 A Com. in Q.B., U.C. of P. & L. & A. 
 
 :' : IK THE COMMON PLEAS. 
 
 In the matter of Sir Henry Smith, Knight, me of the Attemem of this 
 Homrable Court, and Jamm Alexander Henderson, Gentleman one of 
 the Attorneys of this HmoraUe Court. ' 
 
 I, James Alexander Henderson, of the City of Kingston, Esquire above 
 named, make oath and say — ' 
 
 1. That I nev^r at any -time informed John Keys, of the Township of 
 Pittsburgh, Yeomao, the person at whose instance this application is 
 made, that 1 had obtained a deed for the land in question in this matter 
 and referred to in the affidavit of John Keys tiled. 
 
 3. That before and at the time the deed given by me to John Keys and 
 also fficationed m his anidaYit, was executed by me to said John Keys 
 
10 
 
 he knew that I Imd not received a tleed t^Uorcof, as 1 had prcviouajy told 
 him that I had to pay, or rather thrrc was to be paid yet to the Bursar of 
 the University aiuf Colleges oiricu upwards oflourliundred dolhirs before 
 I could get a deed of the lanil. 
 
 3. That the said John Keys was willing to take my deed and giv^ such 
 a mortgage, 
 
 4. That after the payment of the mortgage mentioned in said uffidavit 
 of John Keys, I did not see the suid John Iveya or speak to hlin. 
 
 5. That neither I nor my partner Sir Henry Snnth ever or at any time 
 received any money or moneys wliatever from said John Keys as iiis At- 
 torney or Attorneys, nor did he at any time pay us or either of us any 
 moneys an such, 
 
 (Signed) JAS. A. HENDERSON. 
 
 Sworn before me at the City of Toronto, this 23d day of May, A.D. 
 lot) 3. 
 
 (Signed) C. S. PATTEKSON, 
 
 A Com. in Q.B. for U.C. of Y. & P. 
 
 • IN THE COMMON PLEAS. 
 
 In the mnU^ of Sir Henry Smith, Knight, one of the Attorneys of thin 
 Honorable Court, and Janien Alexander Uenderton, Gentleman, ons of 
 tlie Attorneys of this Honorable Court. 
 
 I, Sir Henry Smith, of the City of Kingston, in the Province of Canada, 
 Knight, one of the Attomeya of this Honorable Court, nuike oath and 
 
 say— 
 
 1. That I never was retained by John Keys, of the Township of Pitts- 
 burg, Yeoman, as his Attorney in any manner whatever. 
 
 2. That I have been with my partner James Alexander Henderson above 
 named for many years past engaged in the purchase of public lands both 
 for ourselves and other persons. 
 
 3. That on the sixteenth day of Jannary, in the year eighteen hundred 
 and fifty-live, the said John Keys came to my otHce and wished myself or 
 partner to purchase tlic West half of Lot Number Twenty-One in the 
 Sixth Concession of the Township of Tittsburgh for him. 
 
 4. That in order to make the said purchase, I informed the said John 
 Keys that it would be necessary to assign his interest in the said half lot 
 to my said partner James Alexander Henderson, and make an affidavit 
 that he Avas in possession of the said land and had made improvements 
 upon it. 
 
 5. That the said John Keys tlien in my presence executed an assign- 
 ment of his interest in the said lot, and that I am a sul)scribing witness to 
 the same ; that he also made an affidavit of his possession and improve- 
 ments, and swore to the same before William Rudston, Esquire, then an 
 Alderman of the said city. 
 
 6. That a true co)>y of the said assicrnment and of th.e affidnvU nf the 
 said John Keys arc hereunto annexed, marked respectively A and B. ' 
 
ili 
 
 :'i 
 
 20 
 
 7 That before th« execution of the sairl assignment, Hnrl before the 
 makinfr of the affiduvlt of the mu\ .F„hn Keys, 1 read both of the samp 
 over to nun, and he fully understood tho, sam*!. "^ 
 
 ^^8 Th«4 tke said John Keys is an intelligent man, and. writes a ^ood 
 
 J n "rJiT'r'T 'v" ""^^ "r*^ ''•''' "^y*^'"'^ ^'^ P'^'-t"^''- "« Attorney, 
 ttt) u.a I. said John K. yn employ or c.msult us or either of us as such 
 
 10 Thai uie said assignmenf and affidavits, witli the first inatalin,.nf 
 on the ran<i and the fees on the .«|.; ;,nd transfer were lulv n™^ 
 .ndpaid by .nysHf „nd partner to ,he iJursa; of\l c Si In; 
 to eg., at Toronto, .n the nineteenth day of Januars eight en lund ed 
 and ht-^fivc, amounting to thirteen pounds one shilling and threq?cncc 
 flft*'- ?u"" *^,® 8event<>enth ,"iy of Januarv, eighteen hundred and 
 flfty-su, tho sanl John Keys paid to myself ^nd partner tlu. sum of 
 eigh een pounds and fifteen shillings, to (V)ver th. first insla;,.nt„n^ 
 makmg the purchase according to'agreemen" nilde^^lk'hlm "hfya.^ 
 
 13. That on the nineteenth dav of Autrust followincr tho H..w^ r i 
 %« ,.,».! to mjseil-and partner ti.c mm '.lrt,-nllZ:%t,>"%Mtn 
 
 .hi'*' •''i'n' "'" •"■'S'""' re™'!"' <■'"• "'» flrat »n<l sccoml inrtalmonts from 
 AlLT,?","""'""™"' '"*'«' »»"' J"''" Keys b, the Sj, me" 
 moXol-AugS™'' '" "' '"'""''' "" '"" '"™'J-»"«'' day of the sufd 
 
 hi. n?, . r ".""dcrson endorBod on the contract of sale with the BurC 
 h.» mdertakinpto convey the said lot to the said John Keys, a tn,c coot 
 C m U w ™"' "Vm '" "^f ""J'-'rt-king is hereunto anniied marked 
 £ the said JoK:/s''" '""' ""*'*"''"« '^"^ '" '"« »"•" "me delivered 
 
 no^iS;;-:' :net3;C'ed'^" ^"■" "^ ''"^ """^ ™ "'» "--^-^ 
 
 r,.?H;7^"^ ^ "T"" ^"^^thc said John Keys was in any pecuniary diffi- 
 mrfr; '''''' '!?^ 'f T-^ ^'^ '^''^ ""^ "^^^J^*^ his payments to mysdf and 
 E , nl'',?';^.;"^' '" ^'' ogreement, and was at Ao time to my knowleSgo 
 un. 01 any pecuniary i)res8ure. 'i-xcu^o 
 
 V. J7' Jh'^V" l'^*^ ^'^^^ eighteen hundred and sixty I was confined to mv 
 of r; feg "' '''' ^''^^' ^"^^"S ^^^ "^^ "^i^^^'-^"^^ •'« ^--^ the sbew^ 
 
 bv\he'^vH-o ni- h"^ *^-1 ?'J^ If/^ ^^ "^y conflnemc.i I ,as waited upon 
 by the wife of the said John Keys, who informed me that her husband 
 had wmten to her to sell the lot or part of it, and I informed her^ 
 
 rortl%'t.urrosr^*'''^'' ^^^^'^^^ «^^«"^^ send a power oflttorney 
 Canada f .^ ' [; '^fT?«? ?'' ^""7'}^^ *" ^^' h"^b^"d t« come back to 
 
21 
 
 %fi. That the said John Krys then informrd mc that hin wifo J.ad niado 
 some bargain to sell fifty acres of thr Ian<l to one MarfarlanoZ-ncl wh rh 
 he^appcarcd anxious not to carry out, m he wouhl only have fifty acreH 
 
 21 That the sai- rohn Keys then t u..«ed to me that if Smith ami 
 Ilnulerson would relieve him fn»ni ah payments to be mad. to th.. Jd 
 Kirsar and from f lie said promisHory note, he would give them the 
 «um of fitty poun,l., which sum should bo added to UmmmHihTn Z 
 them for paymcn! . made In fhem to the said H.iiHar hmI the instalments 
 to be paid by thciu on the said lot, and that the time of payment HhoiUd 
 be extended over a period of five years at twelve per cent intereBt. 
 
 23. That I informed the said John Keys that I would accept the said 
 lin.posal and the same was then stnlod and agreed upon as due to Bnuth 
 and Henderson at seven himtlred and thirty dollars. 
 
 23. That the said John Keys wislied that my partner should uiv.- him 
 a deed and take a mortgage for five years according to his proposal' and 
 Ijn-omised him that as soon as I could get to the oirice it should lie .v . 
 
 h,!t^' ^Y^y^'I?^? ^"^"'•"?,«^ ^he said Keys that either myself or i^-irtncr 
 had paid the College or Bursar in full for the said lot, una it wa nevcJ 
 spoken of, except tTiat he the said John Keys .hould not be called ui,on 
 to pa y any further sums to the said Bursar, b,.t my partner and mvself 
 fully intended to pay up the full amount so soon as the said John Keys 
 had paid the tirst instalment on liis said mortgage. • ^ 
 
 25. That I never informed one Robert Donalds m nor one John Mac- 
 no 'sH 11 J' h\' T^ J?hn Keys had no right to tl e said land and could 
 not sell It, that the said John Keys had paid r.ot -ing on it and that it 
 was owned by Smith and Henderson, or that the v tL sai^ Smith an 
 Henderson would allow the said Keys' wife to remain on the lot for one 
 year, and that if he the said Keys did not return n the meantime md 
 
 ^u^t^riz^:-''^ ''''' ^'""^^^ '-- '- -^ ^^p— ^-^ -^ 
 
 26 That I never informed the said John Keys that ^mith and Hender- 
 son had paid any sura to the said Bursar except the t^vo first instalments 
 and he sums of forty-two dollars and fifty-nine cents a. d fifty-one dollars 
 and twenty-hve cents. ^ ^^^^^y^nma 
 
 27. That during the whole transaction with the said John Keys there 
 was no disposition or intention on the part of my part «!r or myself to 
 injure or oppress the said Keys, and the giving of le said note for 
 eighteen pounds and fifteen shillings, and the ofi-er of he sum of two 
 hundred dollars m the twenty-first paragraph of this affics vit mentioned 
 was free and voluntary, and without any coercion or pre.^uro whatever.' 
 
 28. That no charges whatever were made against the faid John Kevs 
 by myself or partner, or by any of our clerks, in the books of our firm or 
 manywise whatsoever in relation to the business done t y myself and 
 partner oi either of us for the said John Keys. 
 
 T«h" K^^^ °- H^T!°1^^^ ®^^^ made upon me or my partn. - by the said 
 ..rt,,n -?;-d^ ^'^''J ^"J pCfsOa Or pcioOus on his behaii' to repay or refund 
 any moneys whatever. ^ ^ »oiuiiu 
 
22 
 
 fonr hundred and six^yfoSrlK^^^^^^^^^^^ J^'^t i« *« «<^y> 
 
 deS-all mortyat^v^^^^^^^^ f /^^ -f^tion of the said 
 
 been issued to my saTdpartneT ' ^''"^ ^'"""^ the College had not 
 
 quested the said Smith ^7 ?IenderSTonal?f n ^^' ^^""''^'^ «"^ '•'^- 
 said land for him the said John Kejs '' P^^^^^^^s on the 
 
 (Signed) 
 
 H. SMITH. 
 
 ^^Swon, before mo at the City of Kingston thi, 18th day of May, A.D. 
 
 (Signed) M. W. STRANGE 
 
 A Com. in Q.iJ. for U.O. of F. k.h.&.A. 
 
 m THE COMMON PLEAS. 
 
 of'tSre »m.t*vi:ee"'„;tJ:rt'' "' ^'"^'"S"- - "■« County 
 1. That in tho w,n Tl *'''°'"'»' Yeoman, maltc oatli and say- ^ 
 
 burgh. Yeoman, that fiffy aLf iftS t rh'-.lV '?? ^.°™*"1' "^P'"'- 
 one mt,.e Sixth Cone Jion of PiSu^gTAvt'fofs^ai^' """'"^^ *^''^"'^- 
 
 »oet,j?:a^d'L*?rSturtlj^T?e':fthJr'"'' °^^^«"'"«'' '" 
 said Lot. " "^"*^ ®' John Keys m possession of the 
 
 ^^^^^^^''^'^IS'^I^.lZ^tT^Z Lot'" """• """ *» ""I go' 
 
 ^ff^^S^.^^^-^^^^:^ *he iand 
 
 -id Mr,. K*^;;SSSmr '"'" "'^""' »™' '"- -"»'0-, as the 
 
 yel;, T^; ^^IX'l^e^-of £»<• Slf :nlTT"^' •"" ^" '»■» -- 
 James Alexander Henderson, Esquire "™der80u, and there saw 
 
 I - A'^rl^^id^rr^^^^^^^^ i5l™- - -at if 
 
fifth para- 
 r, where I 
 i paid. 
 
 rtner and 
 is to say, 
 c the re- 
 
 F the said 
 2 hud not 
 
 hiid paid 
 
 1", and ro- 
 ts on the 
 
 tflTH. 
 ay, A.D. 
 
 . &. A. 
 
 of this 
 , one of 
 
 County 
 
 ly— 
 d fifty- 
 
 fPitts- 
 wenty- 
 
 rgh to 
 of the 
 
 id got 
 > land 
 1 have 
 IS the 
 
 same 
 
 e saw 
 
 lat if 
 
 tol- 
 
 as 
 
 £H- »'- -^^ - -^ s t & -^ -^: 
 
 of Attorney : an< the reolv »!»; S »„f°"' '" ''«' ''""'""'J iw a Pow^; 
 where h« Keys ?hen ™!^ ^ '" ''"" ™' **"" ^'"^ «"»» "»' aware 
 
 deJ Heltoso^'ev:? pr:tfudl>lt?7t^''^r^"'''. '"'^ '"»- ^lexan- 
 but were desirous o??et,?ng he ar^^^^^^ "'"^ "^lll ^^"^«'' 
 
 Henderson paid off tt the College office a^TSonto ""' """"' 
 
 D<iL^Xf £Thf hunted^ifcr^rnltle''' ™'"^- "^ TT 'r'""-"'^ 
 Keys. """uica acres now m the possession of the said John 
 
 (Signed) WILLIAM MACFARLANE 
 
 A.a I863''''" "" '' ''^ ^^'y ^f ^^"g^*-"^ this 24th day of March, 
 
 (Signed) 
 
 EDW. BOYD, 
 A Com'r in B. R., U. C. P. L. &, A. 
 
 IN THE COMMOK PLEAS 
 
 «A. Attor^uy, of this HoZrcdcon^ ^er^son, Gentleman, one of 
 Fr^tX^^r^ri^tl^^^^^ ^^ ^^e county of 
 
 nffidavitmedinthisappli^SiionS^aUer ^^'' ^^''^'P^ "*' ^"^ 
 
 «aid Jir HJnrsEran^l rStTet'iltr^^^ ^'V^''^ ^^^« ^^ «- 
 that the said John Keys hrd no r tl ? t1, ^if^? ^"^!^^ ^'^•^^ *^»^i °^« 
 paragraph, and that the s id John kI ', f ""'^ nientioned in tlie said 
 
 Sii- gen^ Smith never to d me that fl fsa'id^^T^.V^'^'^'" }' \ '^^' '^'^ '^^^ 
 on it, ana that it was ownedTv Smith Zi J ^^^^ P^^^ ««*!"«& 
 
 .aid Sir Henry sSn^^r ZIT^^ 'ini'e",a';':f rh'n^:;.^ ^ 
 
u 
 
 selves; nor did I ever in^rni the said JohnT" ^f^/f ^ ^he land them- 
 Smith had told me that the Lid Job kII " T "'^* ^^'^ ^^'^ Sir Henry 
 tioncd in the said paragraph a„dtwS'^^^^^ "€** ^" "^^^ ^^^^d men^ 
 It, and that the said John Key^ ha mkl .n h''^''^'" ^■'^' ^^^^^^ "'^t sell 
 owned by Smith and Henderson nnS 1 nothing on it, and that it was 
 would allow the wife 6f saiH/Z t ^'^^ '^''^ ^"^^^'^ ^»<1 Henderson 
 year, and that if the said J^hn Ke t"d dl'^t'r.tr^^^r *^^ '°^ '- "" 
 settle with them for the land fhmfL i ? ^^'^""^ ^° ^^e meantime and 
 sell the land themselves' no'r'dwi Z'alyZll'r' 1 ~- -" 
 
 3. I further say, that I never hJclT ^ ^'^ '"'^' ^^^^*- 
 
 said John Keys i^spe^tL^Ue saM TaLr"^''''*^"" whatever with the 
 c;onversation with the said 8 r Henr^ s^ith I'Tf""^ ""^ ^«^»°gs o? 
 derson or either of them, respecdn^^inv^^ ^"''' Alexander Hen- 
 
 said affidavit of the said JohirKey"^ ^ ^ *^^ ^"^"^^« contained in the 
 
 (Signed) JOHN MACFARLANE 
 
 ^ Sworn^before me at the City of Kingston, this 23rd day of February, 
 
 (Signed) EWEN MacEWExN 
 
 ACom'rinQ.B.,U.C.ofFlL.&A. 
 
 m THE COMMON PLEAS 
 
 ^n the matter of Sir Benru fhnW, ir • z. 
 
 Hmo^'obU Umrt, a^lan^^^lIlT'-^''^ 'f ^'^ ^«m.*y. of this 
 
 ^^^^.?:^:^^.'}^^z^tr' "^"^^"^^^^' ^" «^^ ---y Of 
 
 I^s^'onhlTaid'To^^^^^^^^ mentioned and referred to bv John 
 
 affidavit tiled in thil^arAoI'Sar ^^ ''''''''' Pa-grlWh^ 
 
 the sairL\rCs:Tn"^ff t*:'if^^ ^^ -^ «- Henry Smith and 
 that Smith and Henderson won d allow hi' ^Tl ^""^^ never^iS me 
 on the lot for one year, nor tha If t^^ 7^1« to remain in possession 
 
erson) for 
 ind them- 
 3ir Henry 
 land men- 
 il not sell 
 latit was 
 tenderson 
 't for one 
 time and 
 sion and 
 
 with the 
 ilingg or 
 3er Hen- 
 J in the 
 
 ANE. 
 sbruary, 
 
 L. &A. 
 
 of this 
 one of 
 
 inty of 
 
 ' John 
 of his 
 
 hand 
 d me 
 sssion 
 m in 
 1, for 
 
 said 
 
 nith 
 
 ?ttle 
 sell 
 
 li a 
 
 1 nV 
 
 25 
 
 (Signed) ROBERT DONALDSON. 
 
 kT^.x'""' "" "' "" '^"^ "<■ Ki»=-'on, this 711, .,ay of M.,vl,, 
 
 (Signed) EDW. BOYD, .. 
 
 A Commissioner. 
 
 Having read the rule gTanted to Mr Gait tlm offi To v 
 of John Keys, and the%onnter aiSvks ^f 8i/^^^^^^^^ 
 Simtli and Mr. llenderson, he v^J^%,^ ^ ^^y 
 tion ot the Court could only l)e exerei^rvrl i A • ."^ ^' 
 
 proof being furnished that^ Sir "w ^^g jt " 
 Hendei-son acted in this lnminP<;Q J\ k ^^^'' 
 
 done in their professional capacitv as Attrn-nova t^ 
 
 cases which showed tlmt xrC ,-f ^^"f^i »eys. Tliero were 
 
 present case, that was not allop-od t?^ n o '^' "^" ^^^ 
 
 appeared from \A own af^cUvitTat he t tto tt „ I0T.V " 
 !u12T , 7a7L^i^r.,;r''S',"5/'7'«- '- -te alls 
 
 when he gave a Deed to KevsV '^ Henderson 
 
 ■■«• T-r " 
 
 Mr, 
 
 TT -. 
 
 
Ill 
 
 i 
 
 2'6 
 
 Mn. Justice Richards.— At what interest ? 
 Mb. Hakuison. — 12 pev cent. 
 
 Mk. Justicf-: ■Richards.— And w]iu^ amount Imd Sir ITenry 
 bnuth and Mr. HenderHon ]>aid tu the University tit tliat date '^ 
 , Mr. Galt.— $92. 
 
 Mr. Jus'ncE Rrcn Ajii>ii.— Wliat then was tlie 12 per cent 
 interest on $7^30 for ? -- pei ctni. 
 
 Mr. li AiiRisoN.— It was ])art of the agreement. Sir ITerirv 
 fennth and Mr. Tlenders.m had not to pay 12 per cent., bnt if 
 they did not pay tlie mstahnents accruijic. to the LTniversitv 
 they wonld liave to pay per cent. intereS. ^' 
 
 Mr. Jl^stice RiciiARDs.-In wliat instahnents was the 
 amonnt duo to tlie University payable ? 
 
 Mr. nARRisoN.--$5 an acre, in nine annual instalments, jyid 
 6 per cent, interest. j, o, .miu 
 
 Mr. GALi^~ll,e instalments were $50 a year, with interest 
 on the unpaid principal. 
 
 Mr. Justice EicnARDS.---Is there anything to show what was 
 the understanding as to the right to conve> the property, a 
 the time the Deed was given to Keys ? 
 
 umt, ti.u Hay tney torn Aeys tiiat the University wonld b 
 m lull, as soon as tlie first instalment on the Mort-a-e ma 
 Ihey covenanted to give a good title and freedoTn fro 
 
 paid 
 
 latured. 
 
 incumbrances. '' " '^' ""^ ""^ — uuu, d-om all 
 
 Mr. Justice RioHARDs.-Suppose Keys had paid off the 
 Mortpge next day, what remedy wonld we have had a<vai t 
 Smith and Henderson ? Snppose the Deed had nevei- Istud 
 to them at all, what remedy would Keys have had ? 
 
 Mr. HARRisoN.~If there were any incnmT)n'inces, they 
 would be mciimbrances of his own suferance. His contS 
 with the University was to pay so much a vear, ancf ilthe 
 University was not paid off, then it wonld be a breach of he 
 covenant that the land should be conveyed free of incum 
 brance, notwithstanding any act by him done or suffered " 
 
 CiiiEF Justice DRAPER.-These covenants then amounted to 
 nothing They were merely security against the grantor^s own 
 acts, and, as he had done no act^, tllere was no security 
 
 .i^- ffT:^ ^^'^':-i ^'nf erstand one ^ground ' of com- 
 
 omiih and Mr. Henderson, beino- 
 
 plaint 
 
 I,;.' s 
 
t^nd 
 
 27 
 
 prof, ioiial iiien, gave to a gentleman who eanic to consult 
 them protessionally, a Deed which on tlie face of it afforded 
 liim no security, and that in reality lie got nothinj? for what he 
 was giving them. I would wish that point to be met. 
 
 Chief Justice DBAPEU.--And, In addition, it is suggested on 
 the other side, that, knowing that the Deed gave no security 
 at all, they induced a party to accept it, believing, as an igno- 
 rant or ii...n-professional man might, tliat it did convey a real 
 security. '' 
 
 Mk. IIarkisox.— There is no obligation on the part of pro- 
 tS" "^"' ^^' ^^'-^^ ^"^ ^^^^'' to give absolute covenants for 
 
 Chief Justice Diupek.— That is not the gist of the com- 
 plaint, it i« that tliey were giving something to the man, 
 wJiich on the faith ot their representations, he believed to })c 
 something else— to be a security of value— while it was worth 
 notliinir. 
 
 ^Mk. Hakriron.— I contend that real security was ^iven 
 Mr. lienderson covenanted to give a good title, "notwitii- 
 standing any act by him done or suffered,?' and he had bound 
 hnnselt to pay to the LTniversity a certain Amount, of monev 
 tor the land. 
 
 CniEF Justice Draper.— The meaning of these multiplied 
 and repeated words in covenants is to be found by going back 
 to the lull form, and in this way we will tiud that '^suflfcrinff" 
 here means suffering a recoveiy." When these words are 
 analysed, you will find that they refer to some particular mode 
 by which the land may be ineumbered. 
 Mil. Harbison.— Taxes might bo " suffered" to accrue. 
 
 Chief Justice Draper.— The word does not include that. 
 1 he word " omit" would cover it. 
 
 Mr. Justice Eichards.— Mr. Gait particularlv drew atten- 
 tion to thi6,^hat a Deed granted nnder the circumstances under 
 which this Deed was granted, afforded no protection whatever 
 Ue said that the parties granting the Deed, took a Mortsrao-e 
 lor a certain amount, inchiding some $200 for some kirS of 
 services rendered or to be rendered, and yet gave Kevs a con- 
 veyance which was practically iuoperati've and of no service 
 
 to him. ', . !;. 
 
 Mr. IlARRTSo^!--Th:e conve^Cnbe given was the nsnal con- 
 veyance under sucli nin'iimKfm./.nQ A,^^i +1..,*. ,** • . 
 
 perfect good faith, is evident from the circ|ira8taii<3e Ihat the 
 
ill 
 
 28 
 
 parties subsequently paid up the amounts due to the Univer- 
 sity, and tlmt Keys sustained no loss whatever. If a fraud 
 was desi<riied, if it was intended to cheat him out of his land 
 by giving liini a Deed which was valueless, the fraud would 
 have been carried out. But we find nothing of the kind. We 
 iind that what they agreed to do, they did, as to paying the 
 liniversity, so that, as regarded the University clain^ the man 
 should not be molested. 
 
 Mb. Justice Eicilards.— What is alleged is, that, when a 
 jirofessional man gives his client a Deed under such circum- 
 stances, he should give such a Deed as would be valid. But 
 suppose they had both died, how would Keys have jrot his 
 land ? ° 
 
 Chief Justice Dkaper.— (To Mr. Harrison).— I do not un- 
 ■ierstand that such a fraud is charged as that against which 
 you were just now defending your clients. 
 
 Mii. Harrison.— I would like to know what jurisdiction the 
 Court has in the matter, if there was not a designed fraud I 
 understand the fraud charged is, that they gave Keys a Deed 
 of one kind when they ought to have given him a Deed of 
 another kind. 
 
 Mr. Ctai.t.— When they ought to have given him no Deed 
 at all. . ,r,..[ :!■■:■ 
 
 Chief Justice Draper.- It is alleged that they gave him a 
 Deed passing fee simple, when they could not pass fee simple. 
 
 Mr. Harrison. — No transaction is more common than that 
 with regard to unpatented lands. Nothing is more common 
 than for a man, holding unpatented land, to give a Mortgage 
 111 fee simple on his land, although he has no title— the object 
 frequently being to get money to pay the Crown and obtain 
 the patent. 'r ^Ivi, 
 
 , Chief Justice Draper.— I think that is confined to cases of 
 dealing with Crown Lands. 
 
 Mr. Harrison,- ~I contend that the principle of law which 
 makes a prior Mortgage a good Mortgage, if supported by a 
 subsequent Deed, would apply with is much force when the 
 fee simple is in the University. This is elaborately set forth in 
 the case of Doe Irving and Webster, 2 U. C. Q. B. Keports. 
 It was held that, if a ^.an, having no legal estate, assumes to 
 convey lesral estate, snm^nrfino- +110 ocanTvi,-»f;/^« \^^r „..,.^ i.^ 
 
 tor title, it he subsequently acquires a title, that subsequent 
 
20 
 
 acquirement the prior Deed. I understand that my learned 
 triend imputes no moral fraud. 
 
 Mr. Galt.— I distinctly impute that. 
 
 Mr IIarrisox.— I contend that, so far as that Deed is con- 
 cerned, there is no evidence of moral fraud. The conduct of 
 bir Henry 8mith and Mr. Henderson, at the time of mv'msr 
 the Deed and subsequently, shows there was no intention to 
 commit moral fraud. Nothing: more can be made out than this 
 that per se it was wrong for Henderson to give a Deed of real 
 estate not having the estate. H there was moral fraud it 
 must be proved. The Court cannot i)resume it. It is too 
 much for my learned friend, in the face of these affidavits, to 
 say there is any proof of moral fraud. And I say he ought 
 not to impute, on such slender materials as he has here, moral 
 Iraud to any professional man, probably for electioneering pur- 
 
 Mr. Galt.— My learned friend may have reasons for sup- 
 posing that. I would like to know what they are. 
 
 Mr. Harrison.— The fact that he has brought a short-hand 
 reporter to take the proceedings, I think, is pretty good evi- 
 
 CiiiEF Justice Draper.— The Court can take no cognizance 
 ot that Ihese personal matters between Counsel ouirfit to be 
 avoided. ° 
 
 Mr. Harrison.— He asked a question and got his answer. 
 
 Chief Justice Draper.— The tone, "he got his answer "* is 
 not the proper tone to assume when a Counsel is interrupted 
 by the Court. ^ 
 
 Mr. Harrison apologized to the Court, and proceeded to 
 say that what he contended was, that, when a clu^ge of fraud 
 was made, it ought to be proved. And there was nothing in 
 this case, so far as the giving of the Deed was concernecf to 
 indicate traud, except it was the circumstance that, at the time 
 when the Deed was executed, Henderson did not own the real 
 estate conveyed. That, however, was a very common transac- 
 tion throughout the country in the case of University Lands as 
 well as Crown Lands. That it was not designed to work a 
 fraud on this man, was proved by the fact that he had not been 
 defrauded— that there was no act, subsequent to the execution 
 of the Deed, which indicated an intention to defraud, and that 
 in point of fact he had not been deirauded, and had no 
 ground of complaint, so far as actual injury was concerned, be- 
 
i! 
 
 m 
 
 30 
 
 yond the fjuit that tliesc two gentlemen, muler the Hgreement 
 cnterec into between hini and thein, enaeted from Iiim a pav- 
 niL.nt of Si^2(K). Mr. Harrison tlien read a Becond alKdavit by 
 Mv. IJenderson, ami tlie atlichivits of John Macfarlane, K.)Wt 
 Donaldson and William Macfarlane, and proceeded •— 1 have 
 read the; alKdavits to yonr Lordships ^/v* and co7i, and the 
 question now arises how far my learned friend is entitled to 
 have his rule in any shape or form made 5d)soliite. The rnle 
 really ,-onsists of two parts, in the first place, it calls npon 
 these gentlemen, as Attorneys, to deliver hills for the bnsiness 
 done bv them as Attorneys for Keys ; and, secondly, it calls 
 upon them to answer the matters contained in the affidavits 
 
 , .1 ' ^^ ^^^"^ ^'^^^ P'^^^ ^^' t^"« ^'"^^^ it was at one time snp- 
 jx^sed that Courts of Common Law possessed the jurisdiction 
 to order the delivery of bills, and to refer them to taxation, 
 ndependently of any Statute. Eut that supposition can no 
 longer be maintained, for the later cases may now, 1 think be 
 taken as supporting the point, that the Court has no inrisdic- 
 tion to order the delivery of an Attorney's Bill, or to refer it to 
 taxation, unless under the terms of tile Statutr The three 
 eases on that point are Weymouth vs. Mackintosh, 3 Bin<diam 
 new cases 38 <; Slater vs. Brooks, 9 Dowling, page 349 d 
 i.a.^Cai-dro8s, 5 Meason .i^Wellsby, 545. Thin lave yC 
 Lordships any jiu'isdiction under the Statute, to make absolute 
 the fii;st part ot this rule? The Statute is chapter 35 of the 
 Consolidated Statutes of Upper Canada, sections 27 and 28 
 Section 27 enacts that "No suit at Law or Equity shall be 
 ^^ brought for the recoveiw of fees, charges or disburseinents for 
 a ^'^"^'"f s done by any Attorney or Solicitor as such until one 
 month after a bill thereof, subscribed with the proper hand 
 ^^of such Attorney or Solicitor, his executor, administrator or 
 ^^ assignee itr iii the case of a partnership, by one of the part- 
 uers, either with his own name or with the name or style of 
 such partnership), has been delivered to the party to be 
 ^^ charcred therewith, or sent by the post to or lel^ for him 
 at his counting-house, office of business, dwelling house, or 
 ^^ last known place of abode, or been enclosed in or acconma- 
 u um-'^i^'r^^r' subscril)ed in like manner, referring to such 
 bill. --10 Vic, c. 17a, s. 20. It does not say " any 
 business, but any business done by any Attorney or Solici- 
 tor as such. :Now it has been held that mere Conveyancing 
 services are not services perfomied by an Attorney ius sud? 
 ana that a Court has no power or authority to refer for 
 ,,,.,. .^ ,1- ^-iii ..^i y^y 4.i.uiuriiey lor AJouveyauwng, or when 
 
 ■■■a :< 
 
81 
 
 Convcynneing items alone are contained in it Th»t l,„= 
 been he, I m tl,i. conntry l,y the hUe jZZ tnn.Jtm, ^ 
 
 i„l "l'"'tta M « I.e. Liw.lonniiil, «2.'i; mid the docis. 
 ion was np),ehl ,„ t),.. matter of.lohn A Mft<.|ona , '. ' 
 Uw Journal, 1)1 1 that mere Oonvevancini. « ".;' .ann.'t 
 1 aid to 1,0 servi<.es perioriu..,! l,v an Attorney or Soli, iZ! 
 ™,.h. irow can sorvl,.,« ],erlbraH.;i, in prot,vti,i/|an , " v 
 ing money on land «lil,.i, any mn,',, .vlietlier an At on eim" 
 not, ,.an perform be held to he ]>eHorn.ed hy an A t n ev r 
 boli,Mtor as such '! It does not rmnire the sfiill f, , A?f '^ 
 to write a letter to t)K, tlniversitv^,t' ToLfo wi, ,. ' '"''^ 
 to make an advance of ,« 1 o,. |l5 Ktlien Iv ? -"'• "^ 
 services, or services connected withtli '',, ^^ hi w'r md '^^'F 
 .ngot land, cannot he said to he services ,.crtbr3 T.T an A " 
 
 & "'fir''' Ir^/'"" """""■« »'•"' "'ai doncTy SV ZuX 
 Smith and Afr. Henderson, on hehah-,>f Keys, can U It \i 
 he servHies done hy them as Attornevs, «/«„ ? o title 1 1 
 Conrt to exercise any jiiriRdiction in tlie natt," ootids n|i,l 
 
 ovuleiit from the crcnmstaru-e, tliat, thonHi riiev wer, ctin , 
 tor Keys dnrmg a perio,! of six or seven years, h, v ha^e k^ 
 made a sohtarv .Aarge in their hool^s for any se Vvicil Worn 
 ed lhe.y distinctly swear that neither tlioy nor any ,'lerks n 
 their employment have ,lone so, showin- not oi.lv t„tl 
 did not act as S,;licit,.rs, hnt that the; , d ot*^ j ^fth*^^^ 
 selves to he acting as Solicitors-that they were aciinrfo; 
 Keys merely as any other two men in the commnn? , ^S il 
 have acted, merely assisting and hetnend i.^™ ' u f t" t'l' 
 him m a position to have his land, and the'imp o"^ 'ents'he 
 ad imule np,«, it saved ; becanse it is adndttl, lirhi , j f 
 tl.at t he Iiad not hcen enabled to pav his first instalment he 
 wonld have lost his improvements. 'We show a o thi' le 
 tailed to meet snhse,i„ent instalments, and if the e had no? 
 been paid by Smith and IJendcrson, ' would ,?nl nr A" 
 W,t.y have fost his land-so that, so'far f o ha n; a " of 
 conmlamt against them for their conduct, he hahaus^' of 
 hankfahiess, tor, ha, he been left to himsdf, we wo ,hj have 
 had no interest in the lain] to-dav I snbinif »!,„„; 
 Lordships, so far as the first part Zhe r„ e „, ^.Ld ITi 
 has not been shown that the serx.ices pert "ned w^ e 'erftmed 
 &r ."^..e !:':"t{^-.'^<;-* ■--•» .iuilsdict'io't^^Te? 
 
 biHio^taxaHon." 1^ rr4r=f';;\vt tl;?e' 
 
32 
 
 "whicli 
 
 ^hich calls upon tlieso genilemon to aiiBwer the matters con- 
 tained in the atHdavit of Keys, 1 Biil>uiit that tlie practice is 
 not often resorted to, «)f callint^ upon an Attorney to answer 
 matters contained in affidavits. Jt is a practice which is 
 spoken of by Cliief Jnstice Wilde as a very unusual one, and 
 one which ought not to he often resorted to. I refer to the 
 case of Belcher vs. Gooderham, 4: C. B., 474. The Court, 
 however, has granted the nde, on hearing the ai)plication of 
 Keys, calh'ng upon them to answer it. The cpiestion then is, 
 have they answered it satisfactorily, or have they not ? The 
 authorities show that, if the Attorneys positively deny the facts 
 charged against them, the Com-t will not interfere, for then 
 it is only affidavit against affidavit, and the Court is })owerle88 
 to decide between them. If any fraud had been committed on 
 this man, in the nuitter of the original transfer, the remedy 
 would be found by an application to a Court of E(juity. U' 
 any deception was practised upon him in giving the Deed or 
 taking the Mortgage, the remedy would be in a Cv>urt of 
 Equity, and not an application upon atKdavit in a C!',)art of 
 Common Law, calling upon the Court to exercise summarv 
 jurisdiction. I refer to Wadwortli vs. Allan, 1 Chitty's Re- 
 ports, 186. I refer also to the matter of Charles Durand, 
 where an Attorney called to meet affidavits did so, and the 
 matter was discharged. The case is not reported. Now, if an 
 Attorney, acting in hio professional capacity, does a wrono-, 
 commits a fraud, or perhaps even less than .' fraud, the Court 
 will summarily interfere. But these gentlemen in this matter 
 have not acted as Attorneys at all. But it is said that, if Attor- 
 neys are shown to be untrustworthy, if they have been con- 
 victed of crime, or have in any way shown themselves not 
 entitled to be on the rolls, the t!ourt may interfere. It is not 
 pretended, however, that these gentlemen have been convicted 
 of any crime, or that they did anything more tJian to make a 
 bargain, into which this man voluntarily entered, agreeing to 
 pay them a certain sum for services. I refer your Lordshii)8 to 
 the matter of Henry O'Eeilly, 1 U. C. Q. B. page 392. I am 
 instructed to say tliat these gentlemen are anxious to have the 
 fullest inquiry into this matter, and they conceive they have 
 met the affidavit in every respect. If your Lordships think so, 
 I ask your Lordships to discharge the rule and to discharge it 
 wth costs. There are a number of statements made in the 
 affidavit of Keys, reflecting upon both these gentlemen in the 
 most serious manner. But I think your Lordships will Hud 
 
 ihaf oil +h 
 
 CiVi 
 
 SLaLemCiits iirc 
 
 contradicted, 
 
 not mere 
 
38 
 
 one afBdavit but by gcveral. Kovs wa , «,! .„ ■ i . 
 .«en tor corroboration of a vc^Zl ot m- 1/ "■ *" ' " 
 Lave fyled aiKduvit. lro,„ bot^ ^vlo "vl " S' H ' . ' 
 ay ™.h allegations as I,o state., or tbut tbivf, ',":,;, „;:^:' 
 
 ^n,:iae.[,ix/:;-^l-r!:f-..:^i?E 
 
 as are presented to the Court Jiere I Im* i / ^V^' 
 
 Clone, liie man airreed to iiflv flin ^fiooo i ^ "^'^ "*^^" 
 of value I thint flm cl • ^ -^ 5 ^^^^' ^"i^even as a niattei- 
 li \. • . V ^^ *"^ services performed were w.^rtl. ;f i^,,* 
 
 Bi^miicnr, iie thought It was a securty mereJv •mrllm/l « 
 
 him atru^iiSiJ^a^ . ir'::-*? 'iTL'-tftf *" 
 
 Deed, A Henderson gave a ftlnUhe kw n;,r ' ?""^ '•'''■" 
 a'man under sucb eirc^metan e to "U c "d Zf /Tr? 
 
 Mr. Galt then addressed the Court He saiM • r r.. i 
 
 to n.ake an application^ of this &T he Co, l-t'" tVp^"^"'' 
 ner however, in which the application hafbee, net c rtlT; 
 
 h.ension of the^ Lets thaf thlvl *1 , ',S l'"J''.V;"l'TP«- 
 t.at the^v thought they had paS the mo,;.^ 't^n"^e:^t 
 
tii* 
 
 sit 
 
 have bflcii some greater hesitation on my part about diRchnrWn^r 
 
 my nrofesmonni c„t^- H,„n there i« ,,W. But when f^"f 
 
 juaualy mstruct theiV Counsel to a,lc tl.e Court t, i»"l, 2 
 
 he rule o„ the gronn<l that they have .lone nothin" w 3 
 
 treated l,v then, ,„ the way wliieh I bUiI shortly ™,„ up I 
 fee that [ necM have no .leliea-.y ahout (linchnrRing n,y 'tv 
 and eximsinf? the.r eomluet as I think it ought to he expo eS' 
 I w.«h to umlce two prelin.inary observations. The hf^^T; 
 hat .t ,,c«,ns are t„ he. allowed i> praetige the ,.rofes« io, of 
 the aw as these persons are represented to have praetisedTt t 
 would he a .n.snomer any longer to eall it an lononrblo pro 
 tession; and the sceond is, that unless we are to mlnft^tl,„ 
 
 our thouglits there can he no douht or hesitation on the part 
 of your Lordshii,s about making this i^ule absolute fo? ffi 
 reason, that Mr I[enderson in his affidavit swears thkt he toW 
 eer a,n parties that the lan,l in .juestion belonged to Sm hand 
 Henderson, while at the same time he swears that he lad no 
 intenfon whatever to Convert it to his own use. I make the"e 
 observafons m consequeuee of my learned friend havfno.1n 
 sisted on holding on to this money, whieh, as I contend "" was 
 most unju-operly exacted. I shall now address myself t^ Z 
 tac 8 ot the ,me, whieh may be very briefly sumn/ed up and 
 ^}'^^}' l««"fe ^-le/'onelusivc against the pities. Itis Lvcd 
 that m 1855 Mr. Keys went to Sir Henry Smith and Mr Hen 
 derspn. He swears that he went to eon^dt them with regid 
 to h.8 position. Tljey meet that by swearing that he S 
 consu ted them professionally, and Smith goes further and si™ 
 that It was part of the business of himselfind his partner tote 
 !nf ?h V". 'P"^^"'*""? «"d purchasing lands for other parses 
 w th Kev "^Th A'" ■*'''' -^^P^^'S th'it tliey had d^ealhS 
 with Keys. That is their answer. But Keys swears that he 
 went to them for the purpose of eonsulting tLm as to hkJi- 
 ^on, and askmg them to assist him, and tf.at this arrangement 
 Ze'Sa'ss oTr «?«!"; «"'t they agreed to advaSfe h m 
 tome 413 os., on his givmg them a security over his property 
 wh eh he Inmself at that time valued at £200 ; anffi Z' 
 that accommodation they were to receive from h m a note pav 
 at) e at twelve months for £18 5e, being the amount aSc/d 
 with 40 per cent, interest. He sweai-s that he undei^to^ Jt 
 the time that he was merely to give them a security and that 
 he did not understand the nature of the instrument he wa! 
 eignmff, which was in noint of *'i"t "■ .,...•_..,.;"' ^^^ 
 ■ J.— *ii.vi .rtvv twi aMiguiituiii 01 the pro- 
 
m- 
 
 35 
 
 this £18 58. The £1,S "l,. w„: , '-i^ , " '". ""■"' *" '^»'"'« 
 that t W118 theii'di.tv tl„.„ t„ i •^ «'" '" ''"^'O '"'O"" 
 
 swears, without' l&ii;T^"''''' ""'.'"^' "'"'■ "« K«^« 
 properl, after tle'CllTafee l! &:;;;;,?'' .V.' '-'" /'« 
 montlis afterwards, Keys mes .i™ ,„,,?, ' i ^ ''"'' " '"^ 
 for the purpose of b^mlKZS T '1?' ,* 'H"' *"'« -£23 
 
 credit was it placed? To7l Tnf ir . '"'' ""'J " *''«> 
 they made two small .».vm<.„f »? ^'-"''"'''""- ^"erwards 
 other of $42 tK .jrT /fl '"'"''"'""rrre »f «50, the 
 
 ever paid\f thei own ^noSev bLIT tr'''^ '' . "'"'*'' ?""'«'' 
 which they exacted tl.e JCmous si ave „t't ' PT-""' ♦^'• 
 was an eiitirelv separate .„niof %?* *^I""" '••''"'■ interest 
 own whichlhey ev'^r t Ivlm /d *• k ^"^ ^''^ '"""«>' «*■ "^eir 
 During tttk^ which eCorf w" '"'g'"""'g '« <"-'5 «« $92. 
 himsell of the^O anl fcvi,^f rf ,." m'o'T^"''''" ^>-, ^eys 
 am now to call your LordslS «'?, ., I' *^f"«*R« '« ^)>ich I 
 was paid by thes^^ pl,^°e:'trtl~"all'' ^r'^iH'"' *''^ 
 to what took placj during those W mm?ti r ^ ' ,'"' ''®?'"'* 
 affidavits, which I sho3 tn Af. tt . '' ^ ^*''« ''<"■« ^^e 
 
 last niJ^t,XMr Sri l^hi f'''''^Tl ""'' ^ '"*'* *«■» 
 Susan leys swearsl. *' '"'^ ""S'" "-'"""'"e them. 
 
 say'':word."'rthhrk''m';'Tea™:d f^T'^'' ---d, I wish to 
 
 that affidavits not tiled ^inarwJ'r'' '""^ ""•^^'^'^ «■•« "S^^'l 
 
 by our affidavits? o'St'ooT' o be rece^ed'Xt'r/'i^''' "" 
 made merelv to bolstpp nr. In '^''ceiv tu— that statements 
 
 urged, cannot be m,tt 7Z '???'! T"' ^^^ originally 
 which if pufin7:|, 1- uf/ 1"15^'. '^''^ .!«•« affidavits! 
 
 
i 
 
 t 
 
 ;1l 
 
 36 
 
 but they are the affidavits of the wife of Keys, and of other 
 parties, corroborating the statements made by 'Keys in the affi- 
 davits tirst fyled. It is true that I saw them last night, but, 
 after looking through them, I came to the conclusion that I 
 must object to their being read. 
 
 Mr. Galt.— I think my learned friend, in his speech, said it 
 was the most earnest wisli of these parties, that the whole mat- 
 ter should be most thoroughly examined into. I think also 
 tlmt I am right with regard to ]-.ractice, when I ask that these 
 attidavits be received. The practice is this. Either a sub- 
 stantive motion cdn be made for leave to tyle additit)nal affida- 
 vits, or— which is the usual course— the Court allows them to 
 be read during the argument ; but, if the other party objects 
 then the case may be postponed for the purpose of iDuttinff in 
 such affidavits. ^ 
 
 Chief Justice Dkaper.— Can you state any case of this kind 
 in which the course you contend for has been adopted ? ' 
 
 Mk. Justice Kichards.— If you wish to answer new matter 
 contained in their affidavits, the Court will allow you to read 
 these additional affidavits, '^it I understand that your affida- 
 vits do not refer to new mai.cr, but are rather confirmatorv of 
 tJie old. '^ 
 
 Mr. Galt.— Susan Keys gives an account of w^hat took 
 place when she went to Sir Henry Smith. 
 
 Mr. Justice Kichards.— Does Sir Henry Smith say any- 
 thing ot that ill his affidavit ? "^ 
 Mr. Galt. — Yes. 
 
 Mr. Justice Eichards.— Don't you refer to that in your 
 original affidavit ? Does not Keys speak of his wife goiiiff to 
 Sir Henry Smith ? If so, this is not new matter. 
 
 Mr. Galt.— It is not strictly new matter, but, if your Lord- 
 ships receive it, you can attach to it what weight you think i^ 
 IS entitled to. n j ^ 
 
 Chief Justice Draper.— I think the Court cannot receive it. 
 
 Mr. Justice Eichards.— I understand that Mr. Harrison 
 although he wants to have the case thoroughly investigated' 
 does not give up any legal objection. ' 
 
 Mr Harrison.— i do not think it is a case in which I 
 should. 
 
 Mr Galt.— I thought, as the assertion was made that they 
 aesired a thorousrli inve«<'i"'.at!on t- «r^,,u .>fl^>- i.i,_ % 
 
37 
 
 this transactfm? took praee betw«™ fw ^^^r"«''y. 1861, that 
 
 where U is X.s a a'ue tion of '-f''! '''** '"°"''>'- ^ow^ 
 
 swears they told him thevhad ^ot the Deed A. [k -^ ^7' 
 knew that they were profesRinnll . ii i , besides, he 
 
 professional mLToXtram" Z'li/f ^^^^^^^ ^^^^ T 
 when he had no ri^ht or title to it wwL a ^^ J^^^P^^^y^ 
 
 do we find takes Dlteo T %\l l? '^' ^^J^^^^f • , ^"^ then what 
 saffe-itTIn sS TT f^ ^^^^1^.7 Smith draws this Mort- 
 
 lunio^rp^z^^to^r^i^r.^^^^^ 
 
 nants, to put Keys'ir pte^ ol'ot' tS:t„T"'Th:v t' T" 
 had been acting for him and protectiir M™ i.„^T ^ J''*^ 
 the slightest sy^mptom of it, nn?ess i^" p;oteetilX'™ '" 
 to make over his land to fliPTr.a^i,.« • proiecnng the man 
 
 Well, they give a Deed b^ wWrMr"He„taX'lH''r^- 
 self out to that man as the owner of the DroZ?v V It'""- 
 Smith having previously or at the sam! fimfS ^' S?"''-'" 
 gage by ^hich^the adnilsionis obtaS cm &at^?^o 
 had been lent or advanced to him h^r m« jj " ^s tnat |»730 
 
 $730 was to bear twelve pe eel inife't m'I'^"' T^ *'^ 
 says there was no moral finud in fl^t -^ """""^ ^'""^^ 
 No moral fraud Thev take ft^nm w '""«»«»;«"• Indeed ! 
 ing 12 per cent. inteS^^t t mrev ^.r!? ^°^f^^ ^'^'- ' 
 
 toberoft!.e fol,p^g*~^*T5eyl°;'K^fr"cX^ 
 sixpence even of interest, while tlfey are chSn!, th. 1 ^^- * 
 
 ivaudi- And wh^ ^;ir'^z:'t, i^e^ ^Lrs^rt 
 
38 
 
 was their intention at some future time to pay the Colleee and 
 
 a a future time they did pay the College^ '^But, pXlTy 
 
 «.e dates It appears that they never paid the Co lege tilllhev 
 
 were not.hed bv Hon. Mr. Campbell that Keys waT prepared 
 
 to pay the fu anjount of the Mortgage, and thIC'Kevs 
 
 wears, was alter he w.« sued on tlfe Mortgage. We have 
 
 these two persons, then-officers of this Coiu-t-l.ringLran 
 
 action to recover the amount of a Mortgfure for $730 when 
 
 they had never paid anything on it except tlesc mi Zkil 
 
 It not a monstrous act ! My ioarned friend says The Court has 
 
 no jurisd.ct.on m the matter. I will open his eyes as to hat 
 
 va? 'n f«i«^ which It appears that Cheslyu Hall, a Solicitor! 
 was in 1846 ijppoiiited a trustee of a settlement which was 
 prepared by ninselt and his partner, who, as alleged,^on uued 
 to act as Solicitors for tlie oe^tuis qus tm,t anJ for the peti 
 
 rairch"""'-""^"'^' ^^^t' ••«««>vedthe Accounta t Se " 
 eral s cheque in payment of a sum which belonged to the 
 parties in a cause which he paid in to his own banCs to fis 
 own account, and subsequently sent to the petitioners a Sat^ 
 ment by which he represented that a certain sum had been 
 rece ved and duly invested. In October, 1855, Hall w^ remT 
 red to give information respecting the s ate of the truTt fmid 
 and, m reply, he made out and delivered a memoraiidum t liat 
 » sum had been paid to the trustees and invested -but H after 
 wards turned out that Hall had made no such investment 
 
 coTwdX Hani 'T/'"" '^"r^%'^^ «- -'rX"^ 
 
 i^ourt Held, that Hall liad been guilty of such a misreurespntK 
 toil. 111 addition to a breach of trust, that he eoull not be 
 allowed to remain an officer of the Court and 1 ,?„ 
 was accordingly struck off the rol? of To'liX " Se' 
 are other caaes where the same principle is laid down T 
 have looked through all the cases'^ of tfie kind, occurr ns of 
 late years, which I could discover, and in every caseTlfere 
 
 ■ductl'wh. ' ?""'■' ^^^^ ^^"^ S"'"y «*■ ""trusVorthy co^ 
 duct-when acting as Trustees, for example, where there could 
 be no pretence for saying that they were acting in their ca i 
 c. y as Attorneys-the Comt has said tliat thef shaU notTe 
 
 ^ r ii's"trconr" '• "^ ?•"i!^ ^'"^ ^^ -.4 iSf x 'i 
 
 tms. lias the Court no jurisdiction over the conduct of L^l 
 parties, whetlier in their transaction with Keys o strict tt 
 bon 0. Attorneys and client existed betS t liein or not'" 
 
 St CZ7ltl '" *'"='■■ °"" '^^""H' «"«•' -^ relation dd 
 exist, tor they say they were protecting &s man, and did nr" 
 
39 
 
 paid the mone^, or a'Ctte «,'•■?' ' ^^«»™'.t''»t they imd 
 to lm„ by Sir tfenry Sm?t h If to Jfl'T "*f '"" '''^' ■'"»''<' 
 to me tlmt I,is coinplicirv „ tl.7 trll!^;- ^^™''?'-««n. it seems 
 liis imving given tlie T)}L „■?"'?''""" """"'y consists in 
 applied tf fi„"'o p r^hr^' tie I^nd'a T"'"^ '"''* P^™- -''" 
 pt, tliat Keys liaS no riS.t to th„ 1 f "f'""*" '" '"« a^da- 
 Smith and liUdersorSLsV,^? ''"''' *'"" '' '>elonged to 
 tlie transaction seem" ?" have „f property. All the ^est of 
 
 Smith. And I say that whe,! ttse TT^"^ ''^ «'■• ^^'^^ 
 legal profession, dealt as they did ^'th^aJ^^r' "•"'"^''^ "'' »>>« 
 of Keys, who applied to tl «m *!, . P''''^"" "' the position 
 
 ease ,4ich eal]^ U"l* •,^^0^^^™'! '"\''4 "' '^ « 
 tion particularly to the ciraiinst^ Lt ^"'"*- ^ ™" atten- 
 
 they represented to him tC? ti 1 V ',''''"!'" to by Keys, that 
 They s4ear they dhJ "t bu tZ '"^a P"''' **'« Univ-el^ity. 
 to support the statement of K^^'^r ?r'""«"tary e,-idenje 
 whuJi ireudci-son represented in tL^ I -^ *''*'" " Deed in 
 the money had beenCd M " ^1!,^'' ""'""" ■"■■»""*"■ that 
 dertaking to convey the proncrtv ^ir^^P''' " ^^<"''^' '"- 
 Henry Smith takes a MortS I' TV-V '"^ '"'"•= "'-"e Sir ' 
 money had been advanced aid v.f n "^ "," ^""^"'^ '^'''t the 
 not tf,en been paid, bm they „C- mv° n^ '' •" *'"= "'^''^.'^ 
 trom the date of the giving rfthfZ^ "^"^ "'^l'*"'™ "' it. 
 October, 1862— as I state/ K„V ^""'tgaKe. ""til the 19th 
 
 bronght'an action IgaitttevfS'irsw""' ?^' *''«>' '">d 
 Mortgage, and afte? they haf been nntTT'. '"";''="^' «° the 
 pai'ed to pay up the Mo^^e tL ^^''?, ""S ^'« ^>'a« Pre- 
 go to the U,iive';.sitv and pf ^^u'p the egfsV'^ '''■'' f'!' '^^^ 
 been said about the forbearam.^ „w . ■ ^S"^'^ deal has 
 their exertions. Bnt the alle^ltf ''?<'°''?d to Kera through 
 above the amounts paM to hfln- "'-f *''" *200 t),ev charle 
 is the most monstrCs hinl Fevri'*^'rM"''fo'-bWancl! 
 would not, have been paySto the TT -""'"^ •"*' '^''« "oney 
 
 <.-om this present date'4l«t is tot nmiuTrt^^ '^rf"" ^^'^ 
 own statement, that they gave five ve«L !' ' ?'''""? their 
 payments from Keys to them tlfj J ??,"■"'" ^S**' *»■• the 
 1866, while the UniyersitvTad t , b -^ •*'''' ■^""'Sht it to 
 for the extension of one Lr for ti?'^''''' '" ^^'^^- That is, 
 to the University, they ehamed «2 n '\??T' °*" ^^0 or $60 
 ments to the Un ye Jtv mf 11 ^'^ • ?"' "'<>>' "ade no pay- . 
 the Unive,,ity f.on, tlj.J i"'':5 d'done thing to prevent 
 
 were informea that Keys\^-;— ^ ^^^^^^^ 
 
i 
 
 40 
 
 gage, and of eoiirae then knew that they would be called imor, 
 to produce the Ueed from the Univer^^ity These llil^h^ 
 Zr'iST"'- ^ ''^■' '' " "-'Sl't that it Imdd rL ht! 1 e 
 
 S to'&t'h!"' *•' l"T'r„''*;*''^ Profestion sh U bet 
 u V '•* W ' 1 7' ?.'"' '''"" ''» ™"'' """g" with iniDu- 
 
 uity i Would any one be disposed U, draw the distiueti „, £ 
 
 a thlv sav To'r»-''.f ■" ^''-^^-^ P.""''^ t» -^""^"It tl'e>», a' d! 
 
 3i:«rdJ^i;[rr^ 
 
 opposed bVhraffida4of-L^'''"''",T"' ."""^ ™^^ "'''■» "' 
 
 ,"r"'« Ti" j'i''' r"'i •'•'"» • -I"'*' oT: ,; £ 
 
 well therefore that they were doing what was wroue 1 sav 
 ciimstauces. It is admitted that tlie parties took the money 
 
41 
 
 and 12 per cent. interARf Tk« i 
 
 we?rZ£r ^^a^-^rS^'-f^ -^'i?'/'-^ «r they 
 
 -p - ^^^^ i» which trct&d\fr?„;i^,%r 
 
 c4ms?^Jer4VL''yonh^^^^^^^ *° ^"y- ^ith the whole 
 fessionally for this man ""'^ ''''"'° "«' acting pro- 
 
 Chief Justice Drappo v«„ 
 
 Mb G _0 , •~ "" "■•« assuming that. 
 
 that, beca'iS'^There were lo7a..U^ ■l"^^'^ ^"'""^ a«umed 
 jnade, the Court can ^ercL uo "^IV^^^^^^^^^^^ '" *''« d'^rge they 
 tempted to meet that. If jZ Udslls h"' """^ ^/»^« « 
 there was no relation of Attorney ^nil^-' ^T^^*"-. think that 
 ties, probably the first pmt of f ff„ i ™* between the par- 
 lute. But /our ul^^Col^±:'Tl H T^' »^«°- 
 consider, and, if the Court is of onfnt' iP*"."* ">« •'"Je to 
 been miilt^, of the actrcCldPand J^^f'Y P''«'^« ''a^« 
 proved against them, then, ^ Wv Z. m """K conclusively 
 submit that your Io;dsbip's ha^eTon'^ltrtC*^ ''"'"'' ^ 
 
 Chief Justice Dkapkr n„ . j- "'^ '"cm. 
 other side, that, if My m^xi»1-7^*'P"^ *''^ Portion on the 
 anda/<,;.^^-i^a„?^y™*S fef "> ^e original affiCit 
 
 ^HiEF Justice Drjipttt? v^ i , 
 
 tak^n on the other ^^t;;^^^^^^^!!^ ''' P™^'- 
 
 stanches, coSderln^he^'podtion'o^r"- ^''^'" 'V <">cum- 
 a«s,gnment in its W/a^abso,ute nr'f P.'?^''^. thither the 
 have known that in law ff -tT i ''"^'''tional, they must 
 in security for the ilsl'^Td ^'f T'^"/''''"'. being^gTCn 
 had^ a right to get back hi's property. " """^ P*'^' ^«^" 
 con^n"T„tef Diui.Es.-Were there no o«,.> „„.,.... 
 
 6 
 
i 
 
 ■ijf 
 
 42 
 
 Mr. GALT.---Not a Bolitary thing. It was an absolute as- 
 signment for the nominal consideration of £5, of the man's in. 
 terest m thi3 property. 
 
 Mr. Justice Eiciiards.— When was it registered ? 
 
 Mr. Galt.— It could not be registered, because Keys had 
 never been entered as the purchaser. Tlie original sale was 
 made out in Henderson's name by the University. Kevs had 
 merely been a squatter on the land, and as such had made 
 improvements on it. ^"ciut. 
 
 Chief Justice DRAPER.-The only contract from the Uni- 
 versity was m Henderson's name ? 
 
 for"^the ^Ts'sT^^' ^^ '"'''S^'^'^^t from Keys was a 3ecurity 
 
 Mr. Justice RicHARDs.-What is the date of the contract^ 
 
 Mr. Galt.— The 19th May. 
 
 Mr. Justice Eiohards.— And of the transfer ? 
 
 i^R. Galt.— The 16th May. 
 
 Mr. Justice Richards.— Henderson had a right to obtain 
 the assignment as a security. ^ ^ 
 
 Mr GALT.—Certainly, but the moment ho was paid he 
 should have given it back again. ^ ^ 
 
 as^d '? '^''^™'' I^icHARDs.-If he was asked. Was he ever 
 
 Mr. GALT.-Observe that this was a poor ignorant countrv- 
 man who was not acquainted with legal forms. They repre- 
 sented to him that It was a security, and he had suppos^ed tC 
 when he paid the note, the security was at an end. S after 
 3 ff,f *'^fn''' ^^'''^fPVO^^^on, he went back to them and 
 paid them $90 more ot his own money, whidi they transmitted 
 to the University My earned friend has spoken of the indor- 
 sation on the contract, but I ask, was it not a monstrous thing 
 to make such an endorsation ? What business had Mr. Hender 
 son to keep this man's land, when the man owed him nothing « 
 do^l* ^''''''''^ RicHARD8.-What do you say he ought to have 
 
 ^Mb GALT.-The moment that Keys paid the £18 5s ha 
 Bhoiild, as an honest man, have transferred the land back to 
 
 Mr Justice RionARDs.-Would Mr. Henderson not have 
 l"^ S ' ^^^^'^^y^ when the covenant was made 
 
48 
 
 fy may be.' ltlZoT^\t '^' P^'^i'" °f tl.e Un.ver- 
 tions owning land, under! I, I- '^'"''"'"'"^ "^ o"'er Corpora 
 
 -Me. Justice RifnARn8_TI.„ ' ,. 
 ^>'?P^'wTI''Z Sic. "'" '■^^^ "'-■""'d the land as 
 
 Ms. J-I8TICE RiOHAHm V 
 
 the $200, beeanso they sl^I°?. '?^:,*''.>^ S»' «'« Promise of 
 
 , -Mb. Galt.— Thev npv„. 1 ,i ,° '"*""«"'« 'natter. '' 
 h-d not been well'pii"d'^ aSI if .T *™"''''^ f- which the v 
 /t .s pretended that they go ,„ ol/!"^ -'''"^ *? ^'^"te two let e^ 
 It 18 untrue that they dif.!, '*"'''''" f-* ti'ne for Kev-BW 
 
 ^B. Justice RiciiARnq T^ nr t^ 
 -ggest was the oonsideraSeti*°?---J'-t do you 
 
 MkHareisov ti, . , "'•>^ ^aye tor the $200 ? . •' 
 
 ".efetuSHme^i n-Cj-le^tio^ ,^.^ 
 
 contempfated, there would hav^e 1 '"^'^Snents as oririnalh 
 Imn exc^t the £5 includedln'^tte*'^^ 
 
 etters Claiming further payment. 1 1^®'"'''" ^^^ receinW 
 
 of|:,fr-^'™--^-as not then .W the protection 
 -i^iR. Harrison.— Mr TT«n.u . , 
 
 - - ^"- .^.au rerunied from the United 
 
'I 
 
 44 
 
 States, he asked what was the amount due to the Univereitv 
 and was told $408. This was in January, 1861. 
 
 Mr. Justice Eichards.— That amount was not due then. 
 
 Mr. Harrison. — Yes. 
 
 Mr. Galt. — You are mistaken. 
 41. ^\ Harrison.— I do not know if the whole amount was due 
 then but at any rate, between 1858 and that time, some instal- 
 ments accrued due, for which Henderson was responsible. 
 Ke^^swM wholly unable to take out his Deed, and he requested 
 bmith and Henderson to do bo. This was in 1861 and he 
 agreed that, if they did, and paid the four hundred odd dollars 
 that was due, he would pay them $200 for their trouble. 
 
 Mr. Justice Richards.— What had they done ? 
 fn^""' Y^««'«^?-.-Jhe effect of the advances they made was 
 to save to Keys Ins larm, which is sworn to be worth $2000. 
 
 Mr. Justice Richards.— I have never heard of the Univer- 
 sity threatening to turn people out of their fanns under such 
 circimistances. 
 
 Mr. Haivrison.— The other side start mth the assertion that 
 ourCvTces'^'''^*' ^'^ the $r.00 or any sum whatever for 
 
 Mr. Justice Richards.— For your services ? 
 
 Mr. Harrison.— For anything. 
 
 Mr. Justice Richards.— They gave a Mortgage for it 
 
 unde^^t^n'dln^^^^^^^ *^'^ '^^ *^'^ ??T^ '} ""^^^ ^ "^^«t^k«. 
 
 «ftid fn fbf ?f • ..'* "^fr "'^''^^ ^^^^^^ ^^^ actually been 
 IT^^n^ S^'^'Tl?- . ?^>^' '^l' *^^* 1^« J^ad no intention of 
 paying anything to Smith and Henderson for their services 
 and he swears tliat lie never agreed to pay them anytSn.' 
 
 So M^PfnT-A^ "^^'"^ he appeals for coiToboration contrf : ' 
 diet him, and, if he is contradicted on so material a point what 
 laith can be attached to the rest of his statement ? ^ ' 
 
 Mr. Galt ohjected that his learned friend, instead of merelv 
 answering his lordship's question, was making another spee2 
 
 Ihe Court reserved its decision. 
 
 i 
 
 ■1,1 
 
JUDGMENT OF The COURT. 
 
 account of tlie said L.L t- "^>' ^'eceived bv tJiP7n 7 "^^•>'^ 
 
 tiieir said bill of costVw , f "'^' ""'"'^ '^I«o for tJiP «/ ''^''''*' 
 answer tlje mof7p,.o .^ ^'^^'^d, and w],v fi f '^oiiut of 
 
 After rec>t,«g tl,e affidavits, 
 
 asking that thp A « "^ ™'e consists nf ♦ 
 
 ■ donef«;tVaec^«^"';j;« "^ '""'<' deliver the r M ff''";''-^''' 
 
 applicant's purchase „/ ^filf ""<' Pajmeit, in i l"" ''"'V'* 
 
 cession PittJbnrglt .^^ t}rl- ^"^*' "^ ^^" No 2 '7;,"J^,*''« 
 tornevs should >^,J , taxation theroof • o i ,' ^"* <^c>n- 
 
 application.' "'« "'"e, and should paj t'Ctf ^^t 
 
 «-''-'- '>^t;:r'-ti:^i7tJ-:«daWto.Sir,re„^ 
 
 •^ "'^ applicant as his At- 
 
46 
 
 torney in any matter whatever; and Mr. Henderson swears 
 that he never was retained by the api)lieant in iiny cause or 
 way whatever, tliat the applicant never consulted Smith and 
 lienderson or either of them as Attorneys or i>rotcssionul men, 
 that neitlier were ever employed as Attorneys by the ai)i)lic5int. 
 
 ^ On his part the applicant asserts that, havin^^ settled without 
 riglit on a University lot and nuide valuable iin])rovement8, 
 the TTniversity officers had the lot valued, and called on him to 
 purchase and i>ay the tirst instalment of the purchase money 
 or to quit the lot, and that in alarm lest he should bo tuired 
 out, and having no money to make the tirst payment, he went 
 to consult Smith and Henderson, Attorneys, as to his i)osition 
 m reference to the lot. I see no sufficient ground to conclude 
 that his idea that he was consulting them professionally was 
 suggested by ulterior events, and in tlie hope by treating them 
 as his Attorneys to obtain relief against what he treats as a 
 hard advantage taken of his helpless position in regard to this 
 purchase ; and though he swears lie went to consult them, he 
 does not in terms assert a retainer of them as his Attorneys. 
 Besides the denial of any such retainer, the Attorneys give 
 their explanation of their position. Sir Henry Smitll stStes 
 that he has been with his partner for many years engao-ed in 
 the purchase of public lands for themselves and for otliei' per- 
 sons. Mr. Henderson states that the applicant began by 
 expressing to him a desire to boiTow money to make a pay- 
 ment on the land mentioned, and that it not being a leo-al 
 matter, he referred the applicant to Sir Henry Smith, who 
 wholly attends and manages any speculation or loans of money 
 connected with lands ; that the iipplicant remarked that Si'r 
 Henry Smith being a member of Parliament would be able to 
 obtain favorable terms from the University authorities— a re- 
 mark which evidently impressed itself on Mr. Henderson's 
 mind, as he remembers it so clearly after a lapse of seven or 
 eight years ; and states further his present belief that had Sir 
 Henry Smith not been a public man, the applicant would not 
 have come to the office about the land, and also " considering/" 
 that Sir Henry Smith was in the habit of loaninsr money and 
 making advances on lands. This Court can only deal with the 
 lirst part of the rule on the ground that the Attorneys were 
 acting professionally. If in addition to that professional busi- 
 ness they engage in land speculations in loaning monev and 
 making advances on land, the accounts arising from such trans- 
 actions flrft not ftiipli fliof -iiTfk p..« ^ ■'' ^ -. 
 
 
 uiivur uiiis or 
 
Wining no tern" '^'''"''''''' ' ''"> if . . I trf 'r^ '^'"' »'» 
 , Any e,ni>Ioy,„e„t ,-„ th;l i ^'"^ "'« emplovcr 
 
 _ -A.S to thfi HPn/4«^7 . . _- 
 
 "^*5 pui into til 
 ] ^^^^itation uiai tjiat tnifif +'., i -"^'coLea in'th* 
 
 onf « ^^'? <"■ 'J-'^ ^■■'^e appear n.'^ ""^ "'^««'«d-" 
 r.!^!!*"".'^'' ^««'ed on i'::Lfl''?i''»*',''«, applicant, u-^fc 
 
 '"entwFtliourdr Taff *<> I^-^'-eZ'^fXr-'-g i* 
 
 »3'.tWl,ewa«„„,bleto5?t^':^''«^^- 
 
48 
 
 afraid of being turned out; of posHcssion, and in J:miiarv, 1855 
 went to Sniitli iSz Henderson, hk he nayH, to eonsnlt fheni on 
 tlie matter, in ]>ur.snan('e of an nnderstandin«x come to between 
 them (for a Hiimresti(;n made by him that he ih'd not underHtarid 
 the nature of the instrument lie ^i^nied, viz : an assignment to 
 IVlr. II(!nders()n,iR positively repelled bv the afhdavits in reidv) 
 he assigned all his interest in the lot to Mr. Henderson, making 
 also jin afKdavit as to his oeeu]>ying and imjjroving the lot ; 
 that Smith iV: Henderson agreed to nudvo the purchase and pay 
 th(! hrst instalment for liim, being WS Is. yd., and took from 
 hini a note for ,£18 15s., payable in January, 1856. 
 
 Tlu^y uuide no charge in tlieir books against him for the 
 assignment nor for corresponding with the University ofhcers 
 The assignment purported to l)e nuidc in consideration of £5, 
 but It IS nut asserted that it was paid or intended to be paid 
 In the account obtained from Mr. Henderson and annexed to the 
 apphcant's atHd.avit, tlie difference between the £13 Is. 3d and 
 tlie£18 Ida. is thus accounted for : " The difference, £o 138. 9d 
 "was paid to cover the trouble, ])ostage, interest, and charges' 
 ''agreed when money was advanced in 1855." On the 10th 
 of May, 1855, a contract was entered into by the University 
 to sell this land to Mr. Henderson. On the 19th of Aun-ust 
 1856, the applicant paid Smith & Henderson £21 li^s^Sd ' 
 which vas remitted to the Bursar, and was credited jis a pay- 
 ment on Mr. Henderson's contract on the next dav, and on the 
 29th of August, 1850, Henderson endorsed on 'this contract 
 
 :'l 
 
 ipplicant's expense, convey .__ v.v. .v. .v>o ..v^ 
 
 Tn strictness, though no doubt it was not so intended,°thls nmde 
 the applicant's right to a ('onveyance dependent, not merely on 
 his making the requisite payments to Smith ^\: Henderson but 
 on the Latter or Mr. Hend(M-son paying over the money to tlie 
 Bui-sar. On the 4th of September, 1858, Mr. Henderson T)aid 
 on account of the purchase $42,59, and on the 29th of June 
 1860, $51,25. Except the first instalment, which was repaid' 
 as above stated. Smith iSz Henderson made no otlier payment 
 
 ' o "o v;^x,^,^«, „xiiv/ix TYrto iiic mil uHiaiice oi pur- 
 chase money and interest due to the University. On the re- 
 ceipt of this balance, the land was conveyed to Mr Henderson 
 After the payment of the 19th of Auiruat. 1856 but at what 
 
40 
 (in in <lona iw.f .,] , 
 
 I 
 
 :i"*«' '-fif. r)!'.; :r-'i'si' '-"■■• •■■■o,,; t^, '^';. "-■•.,,. 
 
 W'«<-laiMiii.' ],„,'•■ '^A'-^l.il iiL' i||.,f ,1, ,.'V """liTson, 
 
 iio HT,ui,i |,;, ,,,'7''^' "i"'"«i;Htciv «,„,'"/'■"■'' '"'"as 1,;^.. 
 
 'Kill tlicrc i>4 „ ,;,"'"""'■" "iMHi/l, ,:,, '• "••"■"Iff, iis ho 
 
 '" the aoti, 2 t '>?":'.',' "" I <"" Cm ,"" """"'■on" 
 
 ?"'! Sinitl, *' lie do, ""','■■""" '"" t'ii.s I X, ,';;'' -"'I'l"'-*;..- 
 
 Hemlers,:,„ J J^tc vor " ' '','" ""'« 0"e ,ont7 ^'T ■''J'I'"'-»M 
 8"'ith, a2Kl tl nf 1 ,' ^"•''*' "'"t '10 was i, • ,'"' '■■'"''. Mr 
 
 otter «u»«,Cd"*if| f 7/*^ '"^ «*>'^ V? 2' "' f ^"' *' ''i" 
 <issista,„ehel,o ni .^''?"."'^->' ^''''en hv fl ' '' ",'? Pfoniksory 
 
 y, tiiat Jiad alreadv been K,t f j "^ ".jitract ^fitll 
 , -""t, whatever wa, ,!,„ - ; "''twned. '""» 
 
 '0 be added to' U:„r'7'^-"7"»''^''eVolcKfrr,''^ '" ^e 
 and to be paid "n /""i''!™'"'-'' 1>'»<1 by them ^ • ''''^'" «200, 
 
 ^^ 01 tile trans- 
 
[ ir-r^^-^t ii I "ir i w mriwi i iT rr i-t -— --i —nr - 
 
 50 
 
 a(ition materially differs for he says nothing of the note nor of 
 the ffiving £50, but represents that he was told tliatSir Henry 
 Smith had paid the College in full, but that they were willing 
 to give him a deed and to take a mortgage from him for the 
 amount they had paid, with interest at J * per cent per annum ; 
 that they gave him no account how the $730 was made up, but 
 simply told him that was the amount they had paid the Col- 
 lege, and that it was after he had paid the $730 that he got the 
 account showing how that sum was made up. The 29th para- 
 graph of Mr. Henderson's affidfivit throws doubt on this state- 
 ment, though it does not amount to a positive contradiction. 
 
 On the 14th (or 19th) of February, 1861, Mr. Henderson 
 conveyed the land to the applicant and took back a mortgage 
 securing the payment of $730, -with interest at 12 per cent per 
 annum. At this date the account stood thus : — 
 
 Smith and Henderson had on their own showing advanced . . . 
 
 Interest thereon ••• ••• ••• ••• 
 
 The applicant owed them on the note of 3d January, 1«61 ... 
 They undertook to pay $408 50 and $15 35 interest to the Uni- 
 versity 
 
 They took a Mortgage at 13 per cent for... 
 
 Being in excess of their actual demand ... 
 Or treating the note of $50 as a gratuity... 
 
 ••• ••• 
 
 «•• ••• ••• 
 
 • • • • • • 
 
 On the 17th November, 1863, they received ... 
 On the 24th October preceding they had paid ... 
 
 Difference 
 
 Deduct from this sum paid by them ... . . . 
 
 Interest thereon for about 4 years and 2 months 
 
 Also paid by them ••• 
 
 Interest thereon for 2 years and 4 months nearly 
 
 ...$43 59 
 ... 10 60 
 ... 51 25 
 ... 7 13 
 
 $93 84 
 
 7 97 
 
 50 00 
 
 423 85 
 
 $575 66 
 730 00 
 
 $154 34 
 50 00 
 
 $204 34 
 
 $883 30 
 464 42 
 
 $418 88 
 
 Also interest on $404 42 from 34th October to 17th No- 
 vember, 1863 •• 
 
 2 00 
 
 113 66 
 
 -Hi 
 
 :4 
 
 Leaves ^^^^ f^ 
 
 Which sum the applicant has paid them for trouble, commis- 
 sion, etc., extending the time for payment, and for interest at 
 12 per cent per annum on the sums actually advanced and on 
 the sum given by applicant by way of gratuity, making a trac- 
 tion more than p per u-crc addition to the originui price Ox ais 
 land, which was sold to Mr. Henderson at $5 per acre. It is, 
 
>75 
 
 66 
 
 r30 00 
 
 154 
 
 34 
 
 50 00 
 
 J04 
 
 34 
 
 383 
 
 30 
 
 164 42 
 
 aet„.^ly done had bfen" done W ^^l^?'" f f.' >'• "" tl^at wa' 
 as Atto,.„ej's, including tlie nione^" »?l "^'"p P-'^f'-'saonally 
 proaching ,n amount tlfe s, ,n» Z^' « vaneej; no cbarge ap- 
 
 couJd have been properlv mX "*.'*^' thereon at 6 per cent 
 It iB diffieult to perSiTne^ilTi ,'r^f' ^""'^ ^een al o ^d' 
 giving a gratuity V $200 for e vie^ i . *"''''""'' ^^^'J^s 
 great trouble or respons^bihtv < T"^''""^ i" tJiemselves 
 the contract with tlie l/nivp ../^ •'' ^'"' "'« «''<pense of ^ettinl 
 pay 12 per cent on payment 1^' '"^l^^'^d agroC t? 
 only against Mr. Ileidereon at « f» ' """J* "°' '""•I"' ^^"'argeab e 
 also agree to pay 12 per cent m'^ri ''"* ''" ^"■' ^''^^''t- "Culd 
 that at the end of file yea TJ\"' ''""r fatuity of $200 so 
 
 the mortgage, pn-ncipaiS l/telt'VSd' ^° '""^' '"i«' '% 
 $1108. Nevertheless, it is sworn '.I .?'"''' """"'"ted to 
 
 and n.terest an amount nelLtSP^"' ,"' *''« «''ape of gratuitv 
 as could have been charLd a ^ , "''" .'■ *'"•''«*""<>« SS 
 tionsofAttorneyandZnt tbr tfr'"'' '" *>'« ordinal;. X 
 sidenng the affidavits and tbl ,>!, -l- ?'"<* services. But eon 
 relation between the mvtit \ '^"'"^ '^^''''''^ "*'»">• Protesaion^l" 
 not warrant our Sn theT^r'f/^'';? -'-'"^te^^^^^^^^^^ 
 case ot Bartlett, 1 (J n (!) P oko ^ ■?/'"''' 'or. J refer to tb» 
 
 of the JearnedChief ttte^-f L ^^'^l '"« '^.''™- 
 o* that emn,ent and WnteJ^ln.'^:/^ ^t^?^^^^^ 
 
52 
 
 served and imitated, charges, or even insinuations, against the 
 honor and integrity of the profession would be of - 
 
 rence. 
 
 rare occur- 
 
 I think it must be discliarged, and, in my view of the whole 
 case, Avitlicjut costs. 
 
 ner. 
 
 \u 
 
iSfi 
 
 APPENDIX 
 
 absent in the rn,-L ?a?*^ °^ December An iaaa 
 William Macfi-?^^^^^^^ of America f rtdve^l ' ""^ ^"^^'^^^^ beinc. 
 
 tbe Sixth Co ™4*y.r^^.^? ^% '^«'ero7Lot nS"'^'^°^ ^^"^ oSf 
 price or ra' of nfnetPPn 7^1,'"^^ Township of KttshT f ^^^ntv-one in 
 to purchase the rSnL^ Jf/' ^'' ''''^ the liS 1 ^^ "' ""/^^r the 
 ^lesired to sell them "^^ ^^'^ ^'"'^ ^^ ««id L^?, on the LL"?^'^''^^^"^ 
 2. That Rf f 1, ' teiins, if j 
 
 Smith's return hom™!,!'",,' '"'* """"'ng couM L r?„ °'' "" »" W 
 
 were infofmeS by7aM"He„^""*f ■""»' on a hllt^""' ™»". Sir Hen,^ 
 
 4. That after the retfr^T' '^ """■• "' ^^ 
 
 meet me. '""" "'«' <^<»ne to Kiagsir^ ^he dav t "i' ^'"" M'-^ft-- 
 ^- That said Macferln v ""J""' ^ad agreed to 
 
 «W.,, and rar.^^^™'!«'K who asked „,e.v„.„..... .. 
 
 =-. - ,u,!o,. , repu«, „--- --.ua ^ad 
 
 run 
 not 
 
III 
 
 I!* 
 
 run away, nor vtm I going after him. He then said, " What do you 
 want me to do for you ?" and in answer thereto I said I wished to sell 
 fifty acres of the Lotto pay off the claim against the land, and that I had 
 my husband's authority for so doing, when Sir Henry immediately 
 replied that my husband had no right to give any such authority, and 
 that he had nothing to do with the land. 
 
 9. That I was shocked at this announcement, and began to cry, but 
 Sir Henry told me not to lie uneasy, and he would allow me to remain on 
 the Lot for another year. 
 
 10. That previous to this I had had an offer from one Robert Donald- 
 son of twenty-five dollars per acre, for the fifty acres on which there 
 were no buildings. 
 
 IL That said Donaldson refused to complete the purchase of said fifty 
 acres, because he had been informed by Sir Henry Smith that I and my 
 husband had no ti^^le to the land. 
 
 her 
 
 (Signed) SUSAN h KEYS. 
 
 mark. 
 
 Sworn at the €ity of Kingston, in the Countv of Frontenac, this 25th 
 day of April, A.D. 1863. And I do hereby certify that the above affida- 
 vit was first read over in my presence to the above named Susan Keys ; 
 and that she seemed perfectly to understand the same, and made her 
 mark thei;gto in my presence before me. 
 
 (Signed) THOS. PARKE, Jr., 
 
 A Commissioner, &c. 
 
 IN THE COMMON PLEAS. 
 
 In tlie mutter of Sir Henry Smith, Knight, me of tlie Attorneys of this 
 Honorable Court, and James Alexander Henderson, Gentleman, one of 
 tJis Attorneys of this Hon<yrdble Court. 
 
 I, Robert. Donaldson, of the Township of Pittsburgh, in the County of 
 Frontenac, Yeoman, make oath and say — 
 
 1. That in the month of December, A.D. 1860, I wished to purchase 
 fifty acres of Lot number twenty-one, in the Sixth Concession of said 
 Township ; and Mrs. Keys, the wife of John Keys, having offered to sell 
 it to me at the rate of twenty-five dollars per acre, I agreed to give her 
 that price. 
 
 3. That having heard rumors that the land belonged to Sir Henry 
 Smith, I came to Kingston, and first saw Mr. Henderson, the partner of 
 Sir Henry, who told me on my saying to him that I intended to purchase 
 a portion of the Lot from Keys, that neither Keys nor his wife had any 
 right to sell the land, which he said was owned by him and his partner 
 Sir Henry. 
 
 8. That I then asked said Henderson if he wished to sell the Lot, and 
 he replied, " No, not at present." 
 
 4. That I then went to Sir Henry Smithes private dwelling-house, and 
 on rny stating that I wished to purchase the fifty acres from Key's he 
 rephed that neither Keys nor his wife had any right to the land, and 
 
s^ 
 
 „ *• After thel;t™™„l''"'/;^«P''-'='' "4St^- ' ""^-"W 
 
 
 ■f" <fe «««. <,<■ a> „ " ^"JOION- PLEAS. 
 
 i- That in the month nf n ^^lenca, Yeoman, 
 
 do so. To which Wr 5 ' *"'' 'hat she had !,!/•, ™? """s of her I.nH 
 f right toTeulh " fet^^'V-'P'^'in efet "ttt'^ »Cty*°f