m e /a ^7. ^ 03^ '^> f^J ^^\J^' ^ '^ m 7W/ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I It: 1^ 11^ 1^ 12.2 lio IZO 18 PhotcMaphic Sciences Corporation /. // ^^i' 4^ V -^ «}as ou piquAes □ Pages detached/ Pages ditachies r^L^owthrough/ i^^ Transparence □ Quality of print varies/ Quality inigale de I'impression □ Includes supplementary material/ Comprend du materiel supplimentaire □ Only edition available/ Seuie Mition disponible D Pages wholly or partially obscured by errata slips, tissues, etc., have been refiimed to ensure the test possible image/ Les pages totalement ou partiailement obscurcies par un feuillet d'arrata, une pelure, etc., ont iti filmies i nouveau de faqon d obtanir la meilleure image possible. D Additional comments:/ Commentaires suppl^mentaires: [Printed ephemera] 1 sheet (verso blank) This item is filmed at the reduction ratio checke signifia "A SUIVRE", la symbola V signifia "FIN". Maps, plataa, charts, ate, may ba filmad at diffarant reduction ratloa. Thoaa too larga to ba antiraly included in one axposura ara filmed beginning in the upper left hand comer, left to right and top to bottom, as many framea aa required. The following diagrams illustrate the method: Lea cartea, planches, tableaux, etc.. peuvent itre fllmte A dee taux da rMuction diff^rants. Lorsque le document est trop grand pour dtra reproduit en un seul cllchA, il est film* A partir da I'angle supArieur {jiaucha, da gauche i droite, et de haut en baa, an prenant la nombra d'imagea nteaasaira. Lea diagrammes suivants illustrent la mithoda. WY 1 2 3 1 2 3 4 5 Jkti EXFOS OF THE LAW PRACTICE OF CANADi' > To the Lifginlaiive •Issemhly of Canada^ in Ses Marcus Gunn, {Ed, Observer, St. Thomas, €. 1 Humbly Sheweth, That in July and August 1847, Mr. Josepli Cowley, of London, C. W., late propriet- or of a paper called the London Times, was pressing upon your Memorialist to rent or purchase of him a Prim- ing Press and materials then boloni;irig to him at St. Thomas: Being always i.ddrcssed by him on the subject whenever he happened to meet your Memo ialist on the s.reet, at length, about the beginning oftlje month if September, your Memorialist wrote him a note offering to rent the establishment, and cond.tionally Jo purchase, and givin? him a noonih, and no more, to dcciae the question ; that on the expiij^of this mon|h Mr Cowley was from home, the way of Hamilton, Toronto, &c., an;l not attending to this ma ter, your M«- morialist considered the treaty about the Press, &c. abandoned; and advised him of the same on his relurt, sometime in October following. That on the llth November afte wards, Mr. Cowley hivirg met Mr. Josepti Forsyth, late merchant o( London, and knowinghi.n tobe in your Memori ilist's special conf? eiice, brought him to his house, and introduced the >ubjectof the ISl. Thomas printing establishment and began ie novo lo negotiate about it. That youi Memorialist announced to him, briefly, that he was disinclined, and resolved to have no more intercourse on that subject. That, meanwhile, Mr. For.syth began to advise your Memorialist to listen to some.new proposition which Air Cowley might then advance. After a good while, ot hesitation, your Memorial- ist staled, [Mr. C. being then present,]that he would commit any new treaty on the subject to the care of Mr. F-^rsyth, as your Momoi ialist's agent in the matter, to which all parties ag'eed. That in the course of the same day, Mr. Forsyth informed >'our Memorialist that he h;;d concluded a bargain with Mr. Cowley by the purchase of the iSt Thomas printinges'..blishment, on your Memorialist's account, for X115 at twelve months, upon » conjoint note, approved by Mr. Cowley. That' in pursuance of this on Saturday the i;}th day of No, ember, Messrs Cowley, Fo sytli, and your. Memoiiali.st wei t to St. Thomas and perfected the purchase "by Mr. Cowley delivering possession of the said Printing Office and Mntcrinls to your Memorialist in presenceof Mi. Forsyth. By this act the transaction was completed in a regular and business like manner. That in ,Miiy or June, l':<48, Mr. Forsyth went lo reside in the United States, whereupon Mr. Cowley being apprized thereof; and thinking thereby that iMr. Forsyth's evidence lo prove his agency for your Memorialist in the piirchae of the Printing OfHce aforesiid, would be impossibl' for your Msmorialist lo |)rocure: he seemed, hence, to scheme and specu- late upon these premises. Some day in June, of the year menlioned, your .Memorialist was iistonished by the reieiptof a letter at the post office from Mr Hoilon, Mr. Cowley's law agent, demanding rent, for the said print- ing office, under the threit of expenses, d:c., iS*c. On ihis occnsion your Momoriulist could not ibink ihat he was really in earnest. Could not imagine that even Mr. Cowley would venture the exposure of a s.iit on premises so ridicu'ous and unprincipled: To pay rent tor a tlung after having bought it. On tho a|)proaching maturity of the Note for£ll5 given as payment, Mr. Cowley wa- offered payment ; but he aKvays irsisied that he woull appropriate, out of the £115, £ZG for a year's rent, (meaning interest,) and credit the balance on the Note ^yhich he refused to give up. To get rid of this annoyance, your Memorialist told him that he might have the rent mentioned and the Pri. ting Press, Ac. if he would return the Promissory Note menlioned. This he would not do, but 111 a treacherous, mean manner. p;.t the Note, fur L.ll.'j. in suit ijefore the expiry of the usual days ofgnce. Your .Memoriali.st then >ought advice of .Mr. Daniel'^, Solicitor, in London, who becoming acq'\aiiiled with the circumstances of the case advi.sed a de'ence — which ho undertook — and exprcs.sed his certainty of nonsuiting him in consequence of his, Mr. Cowley's, demand for rent, which was evidently a \ir,ual negation of the sale and purchi^se for which the said promissory note was given. But shortly thereafter, it so happe'-ed, that Mr. Cowley's Attorney, ^Mr. Horton.) by some inflexible or absolute rule of court, ob ained what is termed a "snap judgment" against yonr Memorialist. This wa-. occasioned by Mr. Daniel's sudden aid unexpected call to 'J'oronto on thu occasion of his Father's accidental death, by which a certain iiem in the process was neglected, and which virtually saciifi. ed Truth, right and justice to court formality. This is your Memori .list's indelible impression. It entailed upon him about L.C5 of expenses. This snap judgment against your Memorial- ist was followed, instanter, by an execution which he had to sati-fy. That shortly afterwards Mr. Cowlev sued your Memorialist again, i.ri the London Distrit Court for the rent mentioned, L 26, upon the nremi-esof an advisory "ote of September 1S47, referred to, offering lOs c'y. per week of rent for the priming eslablishment in question, which proposi ion was superseded, as will afterwards appear ; but upon which he obtained anoher judgment against your Memorinlist, with costs, by the verdict of as incompetent, ill educated and stufiid looking a jury as ever could appear impanneled, under the hasty advice, to say the least of it, of the late Mr. Givins, Judge of the I.G:;don District inferior Courts, then laboring under the disturbing effects of a malady which soon there after issued in his dissolution: Your memo, ialist hecama an innocent suflerer in these matters, by Mr. Cowley and his Attorney, Mr. Morton, taking advania'ic of .Mr. Forsyth's absence from the province, and the absurd and unrea-onable law which invalidates an affidavit made before a Judge of one of the courts of the United States. Mr. Forsyth's Affidavit was received by Mr. Daniels just at the time when it was to be used; but found inadmissible because not made in Canada. Thus frustrating the administration of truth and justice, and favor- ing, in this case, injustice and oppression. The following is a copy of the affidavit alluded to. The facts stated therein will evince the unrighteous treatment which your Memorialist experienced in this matter, entailing upon him, on the whole, a loss of about L.IOO. IN THE DISTRICT COURT OF THE DISTRICT OF LONDON. Joseph Cowlet, Plaintiff, vs. Marcos Gunn, Defendant :( Joseph Forsyth, of tho City of Buffalo, in thi. State of New York, one of tho United States of America, Gentleman, late of tho tov n of London, in tho Distriot of London, makoth oath and saith, that ho is personally acquainted with the Plaii.tiffand eight hundrci Printing Prei fame for the i th .• defondan forest. Do{ Typos and u^ Deponent fur former nofvcoi ent further st Defendant to that at the ti contrary thci fondant : and nn sum great for tho said f Sworn b on the A. D. 1849.- In conclus the formality teoisness a morialist, by him from the vour Memori Letter of J M. Gl'.n.n, Ui.ited States leave forUulf This instai ice. It is im United .'^ tales wherever reli tional excepii our St.'itute L present '/ The under expressive of Printing Ollk " Von .snrprj Fchemo so dee (his long date, the doptii of hi it transpired yi estimation, is a will not in the tlionghtf 100' the opening at moot it, I thou I think, I n( ■ent story in \ )osili\e, beeai] have kept gur To this, wit liffienllv in de let. ♦ " • . • , -f ^^A', -c^r- ^^ . ^ «— .<■.:. c- • *- / '■' • . :/. /i <— . *N. 1). — 1 :oyertof law. SPOSITION OF CANADA^BY WAY OF A MEMORIAL anada, in Sesaion May, 1850.— -TAe Memorial of Thomas, €. W*.) K, late propriet- hnse of him a Prini- ssed by him on the the beginning of lite nnd cond.tionaily to xpijj^pf this tnonfi is ma ter, your M«- some on his relurl, .ii g met Mr. Joye|jh fi ■erice, brought him ie novo to negotiate resolved to have no emorialist to listen to tion, yourMemoriak ct to the care of Mr. le course of the same .Ifiy by the purchase elve months, upon a h day of No. ember, iiase by iMr. Cowley nee of Ml. Forsyth. Miiy or June, l';<48, ireof ; and thinking hae of the Printing sclieme and specu- is iistonisiied by the It, for the said print- lid not think tiiat lie )f a s.iit on premises )proachiiig maturity sisied that he woull balance on the Note It he might have the led. This he would •y of the i;sual days jcomiiig acq'iainted sed his certainty of ii \ir,ual negation fler, it so ha|ipe'"ed, ined what is termed !eii ai d une.xpecieil in llie process was your Memon ilist's inst your Memorial- Is Mr. Cowley sued I the prenii-es of an n'ing eslablisliment he obtained anoher )iid stupid looking a Mr. Givins, .Indge ; which soon there ;rs, by Mr. Cowley ice, and the absurd courts of the United I be used; but found 1 justice, and favo/- ice the unrighteous hole, a loss of about 3w York, one of the ndon, in the District licquunted with the Plaii.tifl'and Defondant in this cause. That up^n tha eleventh day of November, in the year of our Lord one thousand eight hundred and forty-seven, he, deponent was employed as an agent of the defendant to purchase from the plaintiffa Printing Press with tiie Types and appratus then in the town of S^ Thomas ; that deponent at that time purehaf^ed the same fur tlie dcfendnnt for iho prioe of One hundred pnd Fitleon pounds, for which f um a promissory note was given by th .• defondant, jointly, with .lohn yuthorland, Donald Mi I'herson and the Deponent, payable oneyear after date without in- terest. Deponent fuilhersailh, that One hundred pounds was the sum which was to have been paid in cash for said Press, Types and apparatus; but us the time of payment was extended for one year, the sum of fifteen pounds was added.—. Deponent further paith, that it was then and there positively understood between the Plaintiff and Defendant, that all former agvoomonts between them should bo caiieolcd, and that tho same wore canoelod and done away with. Depon- ent further saith,thatlif has been informed that this notion has boon brought to recover rent alleged to bo due from the Defendant to the Plaintitffor ilio i o of said Press, Type and apparatus above mentioned. Deponent swears positively that at the tin-eofthe sale, above montionod, that iio agreement was made between the parties for rent ; but on the contrary ther^j; the said Press, and lu.itorials thereto belonging, were sold absolutely by tne Plaintitl" to the De- fendant: and it was expressly understood that all former agreements between them were done atvuy with: and that no sum greater than that tor which tho said note was given should be paid to the said Joseph Cowley by the Defendant for the said Press and Materials. Sworn before me, at Bullalo.i [Signed.] JOSEPH FORSYTH. on the day ofOetober, V A. D. 1849.— [Signed.] o< .) In conclusion, your Memorialist pleads you will be p'eased to apply such legi.slative remedy as will prevent the formality and rules of cnuris from obstructing ai d suppressing the developments of truth, justice, and right- leoisness as the nairntive of the case now subiiitted imy suggest: and if pos ible, to indemnify your Me- morialist, by passing' an act ginntiiiL,' a neiv trial oftlie whole mutter; or by any other e.\f edient as m.iy relieve him from the robbery perpeiiaied upon him by two ji'dginenls achieved against him by fraudulent mi-ans, ni.d your Memorialist as in duty bound, &,c. , MARCUS GUNN.* Letter of James Daniels, Esq., the Defendant's Attorney, about the application of the foregoing Affidavit: — (ropv.) Lo.>Doi^, October 23, 1849. M. Gl'.n.n, Esq., Dear Sir: The Allidavit T gave y(/u for Mr. Forsyth has been returned to me sworn before a Judge of the Ui.ited Statos Court, instead of a court of our country. This is wrong, ti.ndono must be obtained properly sworn. I leave for iiutfalo to-day. Yours truly, JAMES DANIELS. This instance would se'^m to indicate s)me extraordinary mys'ery in the administration of our ("anndian just- ice. It is incomprehensible why an Aflidavit made in null'iilo, by a coinpo:ent person, belbre a .liidge oi the United .*»tates Court, should not ba as valid as if made on our side of the water. Triilli is Truth whenever, and wherever related or pronounced ! Why should the end- of justice become frustnted by such arbitrary and irra- tional exception.s.*' Our Canadian Legisl.iture should examine into, and purge the g oss absurdities of many of our r^t.itute i^aws, and the rules and ridiculous usages of our courts. What an an^ple field does L^w Reform present ? The undersigned begs to exhibit, in way of an appendix, the following extract of aletter from iMr. Forayth, expressive of his recollection and readiness to make atfidavit as to the fact ofhis a^^ency in the purchase of the PriiUing Ollice alluded to from Mr. Cowley. It is as follows: — " You surprise nio about old Cowley. Tho Old Cock must have been dreaming, or possibly he might have had the rent scheme so deeply impressed in iiis mind — ospoeiaMy from having had some words on tho subject before — that now at this longdate, 1 dare say, he really and honestly believes it was actually a part of tho treaty. No doubt ho wi.'^lics from the depth of his poor little avaricious heart it wore so. I have, hdwevor, the whole transaction fresh in my mind, as if it transpired yesterday: and h:tve great pleasure in putting a stopper on the old man's dishonest attempt, which in my cstimatioii, is an attempt at swindling or obtaining money under false pretences. 1 hope the delay caused by my absence will not in tho least del'eat your ctfnrts at defence. As I have said the transaction is perfectly fresh before me. I thought f too would he a high price for th(t establishment under ordinary circumstancos; but from the consideration that iho opening at St. Thomas was quite an object, and furthermore, that he exacted no cash down, and offered a year to moot it, I thought you could aflbrd to pay him the handsome bonus of £16 — at which enhanced price we stipulated. I think, I never was more certain of my own existorce, that however much Mr. Cowley might have brooded on the •ent story ill his mind, the siihjeet never cseai'cd his lips, even in tho most inaudible kind of whisper. I am really )ositi\e, because my sense of hearing is very acute, he could not have breathed it. Ff ho had even cogitated it, it must have kept gurgling away down in that cavernous depth of that vast concern of his, anatomically styled oirfoHifn. To tliis, with a eleur conscience, I must uuoquivoeaily attest,— of course, if he persists in his suit you can have no lifficnlty in defeating him. It would, of course, likewise, be your part to use evciv effort to disuade him from the rash "t. * * • • [Signed,] JOSEPH FORSYTH. *N. B. — The Memorialist would doem it wrong to digest and endure, in secret, such atrocious injustice under the lovertofiaw. ~ M. G. ^t ^