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 PROCEEDINGS 
 
 
 'iv THE Qk»^t^44/n^ 
 
 HOUSE OF ASSEMBLY 
 
 OF 
 
 'liCrWER- CANADA, 
 
 * 
 
 OJV TJajB mPEACHMENT 
 
 AGAINST 
 
 The Honor>3le IjOUIs Charles Fovch^r, Esquire, one op 
 THE Justices op His Majesty's Court op King's Bench 
 FOR THE District op Montreal. . 
 
 PRINTED BY ORDER OP THE HOUSE» 
 
 1817. 
 
 
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 PROVINCE OF I^QWJER-CANADA. 
 
 ^ HOtrSE 0^ ASSEMBLY, 
 Saiwday, 25th January, ISir.. 
 
 ^*i,^£^^' v'^T'" *" Pl^ce impeached LoumCh ABLEg FoucHEB,on» 
 if • : %'^«P/f ^""f "/ 'li' Majesty', Court of King's Bench, for the 
 Diilrict J>f Mon real for divers^High Crime* and Mi-demeanour, and 
 presented t9.,the House Heads of Impeachment against jUg .g^jj l„uis 
 CHARL^s^o,uc«i5e, Esquire, apd which said Heads of Impeachment 
 were delivcfp4,iuat.the Clerks Table a»id are as followeth. that is to 
 Bay: 
 
 Articles of AcMfektioii and rmpeachmenl exhibited^ 
 against Lmis Charlet Foucher., Esquire, one of 
 the Justices of His Majesty's Court of Kingfi 
 Bench for the District of Montreal.. 
 
 Ti 
 
 FIUST CHARGE., 
 
 HXy the said lau/t Chayiei foucher, being a Jiidffe of Hii M„* 
 jest/s Court of Kh^V Bench for the vJnciofToleTio^Te 
 Province of Lower-^ahaOj, and also a Judge of Hi, Majesty' Court 
 v*^ ^l^J^"!** for the^ District of Three livers, in the same Pro! 
 Vince hath dis^cgardedthedutie* of those high and important Office., 
 •nd contrary to^^ki. oath, hath perverted the course of Justice in the 
 .aid Courts, and rendered his judicial power subservient to the view*, 
 of ludividuai. whowihteresti 4 ha.b'4 desirou^^of pr^mXg. 
 
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 4 
 
 SECOND CHARGE. 
 
 qiialihed himself from discharging with impaitialify the dutifs imno- 
 sed on him by those oflices, by giving counsel t„ iiuliv.d..als resnU^ 
 ii^g their supposed rights to be prosecuted and defcndt^d^ befwWh'ft 
 8UIU Couris of which he was and isa Judge as aforesaid, arid' bVprt^baV* 
 ir.g pleadings and papers for theiri in the prdsecutiou aud'defehcHf 
 such supposed rights and hath afterwards awarderf judgment or 'eon- 
 curred in awarding judgment in favourof'the persons to 4l^ym such 
 advice and assistance was given, upon and in rcspfect of stich ^uppo- 
 
 Ji.iilUiG;. 
 
 THIRD CHARGE. 1 
 
 o i-ihli'iA 
 
 Thit the said Louis Charl^Fouchr, beihg such Judge of His Ma-'es- 
 ty 8( oj,rt of lv<8 Bench for the said D^stiict of Montreal, did in or 
 abawt (he inoi.lh of January, in the year of pur Lord, One Thousand 
 iMght Hundred and Ponrteeu, coun>ei and advise one Pierre l^na^e 
 DauecoLt, an intimate fricn-l of the said lowuCAar/w /"owAcr, upou and 
 in respect of a certain act i.,« to be brougl^tio Wis Majesty's said Court 
 of King's Beuchforlhe District of Montreal, by the said P/.r..w! 
 i)flii/^^^.a// against oiu- bAunnc Ducfuinoii, and did draw iiid prepaie the 
 Declaralion to be used by the said Pittrc Isnacc DaUlebout in the said 
 action which dccjaraiion so drawn and prepared by him, he tliesaid 
 Louis ( harles toiakr p„t or caused to be putinto the han^ls of au At- 
 lorney, related to and Ultimately connected with him, to be used in 
 Jhe sa.d aclioiu which was afterwards brought in the Term of the said 
 
 Court holdenin I;ebrc.ary in the ycaraforesaid,andthe said ZoMiiCAjr/« 
 /wc/i«r did exercise judicial ^o^er apdwt iu Judgment in t^e action 
 
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 (K>.bro"ght as aforesaid. rwpeeHng wbi((h he faid giten f «.1n^ »nd 
 aHnstaLco^a^aforesaid, a.Kl did himself prepare and eaiw*.- to be ei^ 
 t«rm» in the laidi action, an interlocutory Judgment, wherebv. certain 
 .««ic^Hf««B Ihad^and filed by the .aid finn^XA^^^J^a tj.^.,i5 »i? 
 
 r*'h.r''"'"?"i''**' anddid afterwardathoogh he had b««» *b«e«t 
 at the hearing of ihe cause send for and procure to be sent to him the 
 
 record papersandproccedingia the .aid action, and did thereupon 
 draw up tiK. final judgement to be entered in the said action, in fa- 
 v«ur'<»fthe»ft,d P^^r re fg^iacc DatUdout ^iid KameA and profeuredTthe 
 said final Judgment to be entered in the said action, in favor of the 
 saidP^rrc /gnau DailUbom,. without having heard the parlies ia the 
 saidacl.on. to the manift-st perversion of Law and Justice, and in 
 gross violation ofthe duties of the said Louis Charles Foacher. as such 
 Judge as aforesaid. ,. \.i ,. « . 
 
 *' 'J *'" r^nium (!■ 
 
 ^ FOUHTH CHARGE. 
 
 JUi ihe Biiid, Louts Charles Fouc/icr, being such Judge as aforesaid, 
 hi.tb. I" violation of his di/ty advised one Jm« B. Norrmnd, upon and 
 in respect of ei,f.)rcing a Judgmer,t recovered in His Majesty's said 
 Court of Kings Bench tor .the District of Montreal. by;the said 7w« 
 B Normand ugaiust Austin Cuctf/ur, and hath given assurances to the 
 said JeanB. ^ormand olthe support to beatibrded to him by the said 
 UuisCh^rle^fouhir as such^udge as aforesaid, iivtlie prosecutioii «if 
 jhe 8,ud means, and of th^fMCcess.with wl^icU he would Clause them to 
 be attended. .♦ vm. »« 
 
 -•'iiian' 
 
 FIFTH€HARGE. 
 
 That the feaid Loui% Charln Foucher. being such Judge as aforesaid. 
 Hat 1 acted in a mi^nner disgraceful to the said office, and hath he«h 
 guilty of conduct destructive of the public ccMifidencein.the adminis- 
 tration 
 
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 ar«lid»ofJiiitite; bt cbndiifliriiy, pdH«h»p artd aCiMinr Mnittfrrre 
 4o p«8onseng»g)Bdi«iiitfweiicei.whidHii:ui become, or were about t» 
 ^cwne, Ihe tulyects! <if judicial in««Higation and dateroMrtatiun by 
 bun Miucht Judge a^aforeraid, 4n*by hwuring them of hit ta?ottt 
 teUiitf UM(SiwcdM ifHi^itew(teiid-«liuieitUem U obtain. - .^ , . ' 
 
 i.r<j.;-»vtft i ;. • ..SIXTH GHAROE* ' '-.'..' 
 
 .,« 
 
 1. 'h 
 
 That the taid Loiuit Charles Fou«her, being auch Judge a* afbr#w 
 •Jidj hath been guilty of partiality and gross misconduct in the dis- 
 charge of his judicial functions and bAtb brought discredit on the ad- 
 ainislratiott of justice. 
 
 On motion of Mr. Ogden, seconded l>y Mr. Sherwood.-^ 
 
 Resoived, That the Articles of ic^^skAbrtafcd Impeachment against 
 
 I^o«J", Charles Foucher, Esquire, oqe of the Puisne 
 
 *'' i" V'Mu . i"^S«" 0*" ^^ Court of King's Bench of the District of 
 
 '>'u'i *")il ^<>"*''«*l *>e referred tiv a Committee of seven Member«« 
 
 iuiiVai"*** *'^*"''"e tH6 matter thereof and Evidence thereon, and 
 
 ,tl'>-,i, ^P r^PO't with all convenient jpeed, with ptwes to send 
 
 '*"" for Persons, Papers and Records. •'o;'^ V, . 
 
 
 '(7 
 
 "rt 
 
 Oil0i^i>« That Mr. O^rfm, Mr. A. Stuart, Mr. ^oma, Mr. Vexi- 
 )j i.iyai v«.„3, Mr Tasebereau, Mr. ShmoodaniUt. i'owtf do com- 
 pose the Committee. 
 
 Monday 3d February, 1817. 
 
 ObdeAed, That Mr. Af 'Cor* Mr. %y a«rf Mr. X(W^^o^ be added 
 to the Mid Comtoittte; ' 
 
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 ■"Y' ''"'ife^''"*'""-"*'^'i><'"^'" ""'""*" 
 
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 Friday, 7th February, I8YT. 
 
 Ordered. That four Members of the Committee upon tbe Impeacli. 
 mnt of Louis CiiARtEg Foucher, Eiquire. he % quorum 
 and rompetent to act and report notwithntandinir that 
 three Members have been added to the said Committee. 
 
 Friday, lith February 1817. 
 
 On Motion of Mr. Ooden, seconded by Mr. Taschereau. 
 
 Ordered, That One Hundred copies of the proceedings and the re- 
 port of the Committee to which were referred, the accusa- 
 tions against the Hon. Louis Charles Foucher Esq. be 
 printed for the use of the Members of the IjegiiNture, and 
 that the same be printed under the direction itftHl- Speak- 
 er of this House, and that no other person do presume to 
 ' print the same but such person as he shall sfipoillt; 
 
 Orobred. That the said Committee have power to report from time 
 to time. 
 
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HOUSE OF ASSIRMniT. 
 
 (-OAJMITTFK Roow. 
 
 T Monday, 27th January/, 1817. 
 
 King-. Be... h for' the KIlHct"!' Mo.ared "'"^^ ^' ^^^'^ ^'**"'^ «^ 
 Present Me„ieur. (?^.e„. Ta.^,,,,^ p,„,, ^j ^^^^^ 
 Mr. (7^<f«n called to tli« Chair. 
 Read (he Order of reference. 
 
 Mr. C.villier submitted (n thA r«», 'aa 
 
 per.onswhu,nhede«irXLvee.^r"!l *^* "»'"^» of several 
 ■ati.M.g. . ** '" *»«*« exain.ued i., support of thesa.d accu- 
 
 Ordered, That the Chairman do .ummon before the Comm.*^ ... 
 person, ment.oned in th« li.t g. ven bTMr.^'cu^^^^^^^^^ '^' 
 
 Saturday, ]8t February, 181 r 
 i"ihe parish of St An,,e /h. 1. vr ' t ^ ?l""**'^''''P^"<er residing 
 
 ^£^u'.>ri7/>;'7 *'T r'"^^'- J:';'^'"''"*«?«inst Austin Cvnii.r 
 /-^'iU're, lu the Court oi Ku.g s lin.ch of the District of Mo..trear 
 
 ^ Yes 
 
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 la. 
 
 X _ Yes next April will %e (hvec years, I bad instituted the action 
 in the m,'iith of Febfiiar)' I&I3, iy)t ^'40. 
 
 Q. — Did you cause thejudgr.ient to be executed?' 
 
 A — One year after Ihe date ♦if that jiidgmeiit, my Advocate Mr., 
 O'Sullivan not basing procwded, I mide a aiot'ion personally in 
 Court to revive the jiidigin"nt, and' deliverrd this motion to iVIr. 
 Justice FoucHER, who was then on the Hench. The lat*er hand- 
 ed it to Mr. JiisHce R«id who ga^e it to iVJr. Monk, a Prothono- 
 tary. Th»i Court was of opioi<M» that t4ie judjgment ought to be 
 revived, I then took out a llule, aod after it was sorved the judg- 
 ment was revived, 1 then sent a Bailiff with an Execution to Mr. 
 Cusiliier, and Madame CuviSlier tbtm, said, that the peraonal 
 property and effects intended to be seized did not belong vo Mr. 
 Cuvilljer? J theo ass^igued,, this- Jwdgineiit. to Mf. Lacroi* one 
 of the Advocates of Montreal, whom I jiijcidentally met in the 
 Street, for the consideration of one hundred and twenty Dollars, he 
 .then paid me that suin ai»d' Igawe^hifliia Power of Attorney to levy 
 the amount of tbu judgment on. Mr. tiutvitliiar, with costs of Exe- 
 cution which might amount to about two Pounds Currency. 
 
 Q-^IIftdj yiO\\ thenior-Mnny othef iioife, and in what) j>lac^ aciy cout' 
 vcrsat ion; upon this subject, with Mr,..J[ustwe I^'oucheh?; 
 
 A -The cnly con-.ersation I have had w1lh Mr. Justice Fo7)cuer upon 
 this subject was. when he was iu> Court upon the Bench when he 
 gave my motion for reviving the judgnient to tho Prot^onotary say- 
 ing to me " Normand you will appear yuurself." 
 
 Q.— Bo yonir.colleti whether Mr. Cuviilier wa^ a* your ftoiise o«i 
 the 9th January last, or at Mr. Montiguy 's Mouse in your neigh- 
 bourhood ? 
 
 A.-*«^«»< 
 
 Do 
 
I! 
 
 jQ.— Ho yon recotlect fhat Vntoiae Pcrrault vfiih Mr. CuvilHetM 
 Servaiit weut to Mr. Montigny*. 
 
 ^rX!''J know that Mr, Cuvmier »nd Antoine. Perrault came 
 to Mr. Montignj:s: I believe th i( Perraulthad been senttomyhausfi 
 
 ' asaapy.Perraultaskad me if [ hid been well paid by Mr.CuvilHer 
 I answered that 1 had not been so by the latter but t)y Mr La- 
 ^ croix, PerratiU <hen asked me if I had been advised by Mr Justice 
 Fot'tfHER.rsaid "yes,"tiy asked me besides what Mr. Justice F'ou- 
 ChER had said to me, I answered *« How Perrault you ha^ebeeQ 
 , . *' an O^.Tr of the Court and you ask me that? one must not de- 
 *' riarr tlie advice one'receives from Judges." I matje thesejin- 
 swers to Perrault to make game of him. He was iu liquor at the 
 time. 
 
 Q.— Did yon declare in presence of Perrault, and of Mr CuvilHer'a 
 servant that yon had been adiised''hy Mr] Jiistice Foucher and that 
 he had said to youthat he Should be on the Bench and would jrive 
 his assist iince in the affair, and also tha£ he enjoined you secrecv 
 
 abontit.' ,'. ^ 
 
 ■ '■■•• i-^ , , ■: 
 
 A,— Yes, I told Perrault that Judge Foucl^erliad advised me But I 
 never told him that Mr. Justice f aucherjiad said he should be «a 
 the Bench, and that he enjoined me secrecy about it. 
 
 Q.— Have you met Mr. JffMsroix the Advocate since the 84b of jMua- 
 
 ry last ? »«i^»u» 
 
 A —I saw him on the 17th of January last upon the ncW market 
 
 place at Montreal ? i 
 
 .J 
 
 vQ.--Whijnyon thensaHv Mr. Lacroix did'yoa say ta hiffl tittit Mr. 
 
 Cuvillier had been at your H©ii«e 48 a gpjj , ... ^ 
 
 A.— Yes. 
 
 
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 Q,—!)!'! not Mr La Croj^th*-!! tcl!,you npttrtjbe^np^py |f yo»i.#hoiiJ4 
 Ij<: su-..n^hi bt'foie the IJuuse uf A^«eii|bl^, and that' vuu fchould be 
 
 paid? ' - ■■ ••.<-.•■..' ; , , 
 
 ^"T^y*'-^: *"** T a«kpd Mf. f.a Cfoi* whether anv harm' coujd afiw 
 
 ..from the c<Mivfl^>at,on I,ba,U jestingly t^i^d with ^eiriuit, h« fir^t ^aid 
 
 if I bad^s9sp«ke,i»,Wt;»igly^.M^harn^py,.;^^^ Hut jf Mr. Gu- 
 
 vilUer should attack ineipCyjiirtyr^lseWhere, my tiJ/ip . would' be 
 
 •well paid for. f thought at the tiin^tjiat I should be .paid at the 
 
 /e^()eiiccuf the persuu wiio stxoMld attacjc inc. 
 
 The examinatibn of J^aii fiiptiste N^riiiaad was thdii Aiitiuued to 
 • the thud uistaat.. ^v"^^' ■-;^'^ - ^''^'" - ^> 
 
 
 Prf cent, Messrs.. Ogde;n; Taschereau, Padfct, and Sb^fwoodl 
 Mr. Ogden called to the Chair. ^ .. 
 
 The ( fiinmittee proccMed to the continuatioii of the examkiatidh 
 >^«f Jean Ba}fti»<te Notn)bi!id,-tis fbHows * 
 
 Q.--Ha\eyou seen Mr. Justice Foncherfrom the time of your receiv- 
 -• JPgthffWde^ t»i aip^;ettr befor* this ComnMttW^' ' - ' 
 
 A.— No. 
 
 Jv,:i;.-'u Hi 
 
 irt'!i M'. 
 
 A 
 
 Q.— Have you seen Mr. La Croix since Ihat time ? : 
 
 .4.^--;Y^, .lf(:(w hinvon 'IHs-bsday fch«'*.S.()lh nf January la«t the dliy 
 otmy Ucpuituic to atiwidyoux (JouiUiiLtKe... jadrji:' 
 
 >H1 
 
 
 "What 
 
19 
 
 A.—l told him ihul T was about to dei»ai't. That TVne'w' tMihintt of 
 ■. ^ ^'"-t H^ey intended ^o.a8k luej ; i^e tMkd *• go Iju weve?, tUe ojdejS o# 
 the U(Mi8c inusl Ija (^be^^t^,",^ ^ 
 
 Q.— Was any thing else inentirtned ? ; v v , 
 
 A.— I t0l4 ,hiip it yifrt«ia ppinf(»),thing*o.m«, b^ingpoor, to mafcwtuirii 
 a journey, He* said "go how-iver, 1 arij giving down to Quebec 
 a.ul <Mi speaking tu the Conuniitee, Iihali fiu4 means to iret vott 
 
 ^* pAid;""'"'^''-'" ■;■'"■ ■« >i. '....'■■ ■:.. ,.■■..*' '^ \ 
 
 Q.~Did yoM not in the conrie of the last year, declare to ^ulien Por- 
 ranU, toOeWiriTie, to'^^wilr and to several t>thfer persons that if yoa 
 had succei'dcd in procuring payment from Mr. Cunlljer. it wmild, 
 hive been to be attributed to the advice of Mr. Justice Folc^er ? 
 
 A — No, never at anytime ; lam Cjert^in oif it^ 
 
 Q.— Have you not had frequent coinmunications in the course of the 
 la.t winter aiidnpring with Julien Perrault and others respectiiig 
 the J idgiue.it you reqovcsred agfaiost Mr. CuviJIicr ? 
 
 A. — Lust antnnwi I met Belair and Julien Perrault vfe spnkje of the 
 J u'gnu.nt but Judge Foucher was not mentioned, except by their 
 tlieu simug to me "Judge Foucher protects you" I answered 
 th(M«'»*'heprotect«mfe lis hedges others'." ;' 
 
 Q -—tn this conversation or at some other tinje did you not declare to 
 Julion iVrra.It to Bilair or to olhei-s ' tHat you had been put oa 
 «)e t. aqk at, i» thj; i .gh^.^ay tg. »nt^«ed,»tt ypur ««itagaiuat. Mr,. Cu- 
 
 ' ' '- Ye* 
 
i 11? 
 
 ii^ / 
 
 A.— Yps, I have declared so lo the penons hareia before named and 
 to inttnj otbers. * «« 
 
 ^.— Did you noi «hm cxpre«i yourself while the Advocates at the bar 
 ii» Montreal, seceeded from practice at that bar ? 
 
 A. — Yes, it was during that time. 
 
 Q.— Of whom do you mean to speak, in seyiag that you had been put 
 o<j the track or in the right way ? 
 
 A.--rmpantMr.Delorme, Mr. Cadieux and many others but not 
 
 Jtidge Voucher. "^ 
 
 ft.— Did Mr. Justice Foughkb ajt ai^Mff^tell you to, apply to Mr. 
 Viger, ortoMr. Inacrw*? ^ ^e j 
 
 A.— No. 
 The Committee then adjourned. 
 
 
 I- :i- ■■', 
 
 Wednesday, 5th February, IS17, 
 The Coiomittee met. 
 
 PRESENT, Messrs. Ogden, gherwiwd, M'Cord, Languedoc, 
 lascbereau, G ugy and Panet. 
 
 Mr. Ogdcn in the Chair. -^ 
 
 Thf Ccimjiiittee then examined Antoinc Louis Levetflue of Montreal 
 iSiKj^uire as follows; 
 
 Are 
 
 4 
 
t& 
 
 Q, A re yon not one of the Prothnnotaries of the Court of King'* 
 
 Bench for the Oistrict of" M«>i»treal ? 
 
 j^ I atn one of the Prothonotaries of that Court and in that capacity 
 
 I an» one of the Keepers of the Records of the said Court. 
 
 Q Are yon in poBsessioii of the Record of the ^aid Court in the 
 
 cause of Pierre Iguaie Daillebout, Plaintiff against Etieiine Duches- 
 nois Defendant, and Etienne Duchesnois, Plaintiff en garaatie a- 
 gainst Thomas Coffin Defendant en garantie ? 
 
 ^ Yes, and I produce the same before the Committee with a certi- 
 fied copy ot the interlocutory JndgmentB rendered in this cause, 
 marked A, I leave this copy for the use «»f the Committee. I also 
 produce the Draughts of the said interlocutory Judgments, having 
 ^ceived an of der of the Committee to lay before it the Record in 
 the aforesaid'catise or a certified copy thereof within a delay too short 
 ibrthe preparing of copies of all the papers composing the Record, 
 ^ in obedience to the said order, I have taken the Record from the 
 Archives of the Court of King's Bench of Montreal, to lay the 
 same before this Coiraniilfee. 
 
 Q^—Afe there not on that Record interlocutory Judgments written in 
 the handtif Mr. Justice FbucHER, of the Court of King's Bench 
 of Montreal, and if iH^rfe be, produce the same? 
 
 A.— On the Record I prt»duce,there are three Draughts of interlocuto- 
 ry Jtidgpients repdered^in the aforesaid cause and those Draugbfs 
 are in the hand^rtting of Mr. J'ustice Foucher one of the Justice! 
 of the said Court; 
 
 Q.— -Has there been pronounced i» that cause a fioal and definitive 
 Judgment— and wheu ? 
 
 "■■ Yet 
 
• 
 
 m 
 
 r( 
 
 ■«o„ta„|„a.i,Vi|lt ,,a|„., mmtli ^'"^ ':'"','''"'' Judgiunit, which i, 
 
 A.-Ye., I think I have ,feh U. "S",'"? 
 
 Q-iV.. it iMh. hand writingof Judge F„uo„E«>, ' '" , 
 
 ^'u;:;iro^;rr„irr4t:rir£'"'ir"'"'^'--'''''.«» 
 
 ...(,o,e„i a„ thed.fini.i.rjTdleM'^^X'^' '?"«'" "' "-^^l 
 
 V.-Ha,e ,„„ .„y „„,e„,Wa„,e „h.(e«r of ihi. f„t f 
 
 Iwr whi<l,,,iM,e three j,idcciwi..r "■"'*• '«»>">"« re,ot- 
 
 «f JudgnuMU H) vacation ? ^ " coiisciting to the reuderiug 
 
 «^ j;:' «'• •' -"« f «-„.. .t „hc„ .hi, cause „„ pieaCe. „„ t^e ' 
 
 No. 
 
 
 
 I 
 
 I f 
 
''"""■^^TT. 
 
 *.,■•"•.%: 
 
 
 Q.— Did hesit often io the term of October 1^1 4l "*'***'*'^ '^ ^'^^ 
 
 if^ 
 
 tAr-TtMr. J< •tice Fuucmms^t 0})}.\VV9 ,t||9jiwo^^hrfe ^fjn fiof^ of 
 
 lA- — :?ickness» 
 
 
 *1q.— 09 yon robtlecHhat Ij) tfij?'i?a^aflon o^ October 1814. 'Judge 
 ' ; fiouciiER sent to the olficfe,of 'llle Prothotiotlia^ifej fbf the' Ktfi)rds 
 
 htn>- 
 
 ■Nci; 
 
 
 ^^^•^Oo y^ou rtpcrtlfect that th« Re^<»rd wai seat .t» the House of aAy of 
 
 the Judges diiriifg that vacation ? ..it 
 
 i(' 
 
 t^ — Have you lately had any conversation wi(h Judge Foucher res- 
 pecting the Record in Question ? and when ? ' ' ^ ^i* a - i 
 
 A, — I cannot name the day and I cannot evon mil it coivxArsatuin: 
 some days ago the Hon, Mr Jiistite Folcher came wifo my omce 
 
 i^i:: and saw the, Record in qufsiiou U|>on one wf the o%e ts^b^cs, he 
 cxaiuined it in my presence ard in that oi »^>me g< ntj(^iri,eii of the 
 bar. Having seen the Draught* ot'ihrtline iiilerlocntory Judg- 
 
 »i nwnts in'his own band writing and now prouufied he sajd •*, It is sur- 
 prising, for it was Judge Reid who rendered ihis J*»dgine»<t" or 
 
 C 
 
 other 
 
 ■f 
 
 ? t 
 
 \i 
 
118 
 
 otfafir eqnivar<Nit word«: I inrorini>il Mr. Justice Fouchbh tliail 
 •fcou Id go down to Quebec in obedience to the order of the House. 
 
 WMt Jlidg* had proaoiioced Judgnieut ? . 
 
 A.--OiM da; the Hoo. Mr. Justice Fo«eHM iikc^ me (which I. bn. 
 
 ri£'5i""*i""*'''^.*"*J i**'* it happened (hat the Draughts of 
 
 »BJndgiiie«l, were in the Records, and that every one might (ike 
 
 jyytmatmnoftl^m: Ihi. qujrtion ^ pot to ^e in pr4uce^f 
 
 TtJSS!!. fc!i • ' ?f T*'*^i^'l!* ^•J "•"*> «od that I thought 
 1-7 -2? Sf«»"i"*> *» »e«»«<lw Draughts of interlocutory JuS^. 
 ••utjin tbe Records Ifcemselvti. but Ibat the Draughts of dffii*. 
 «ur,|iNlgMfita were always trantraitted to the Chief Justice a Aer 
 
 JK««M*^ »hrt,l wn. my d«rty to communic^c 
 
 '^Z^HT ^T?u**!?J*5 ?''"«f'** **^ **»« definitive Judgment in (he 
 MMd cause to the Chief Justice? e * «. ,^ 
 
 "^«u:li*if*^i!l!****"*"/**^^*^«^«'^^^^^ of d*fi. 
 
 mtife Judgment rendered in the said term. 
 
 i^ -Whd entertd the igiddcfioitive Judgment ? 
 
 "^C^S^JSLilB^ tbal it w^aoneby one of my 
 
 ^Se'offic*?'^"*^ **^^^ *'*^*'''^ **^ upooweof the Tabk., in 
 
 A. 
 
 rt"' 
 
1ft 
 
 A.--S«tne dayi befor* J«)dg« P<»u<^b.|MW ii'upAiV.tllj^ X^l^isdM^ 
 •ent for it, to ckaiuiue it. 
 
 ^.^Did Mr. Duchpinoi«, the DefefHi|t»4i» th^ ^iHiip^^MMifflllW 
 CBCcptions ? Aiid what wai th* l^te of thoie cxceptioni I 
 
 A.-— Ycl : they were oismiited. '^ 
 
 ^^—^l|n whole favour wan th« dfeftnlltvv Jxidt^ent pronputicrdft^' ' ~^ 
 
 A^-^In IsYOtti* of the Plcikilifi; Pfetrft Ignace t)lMilebiniti '<!" »' ^<>^< 
 
 QI-^Did' nut M^. Ducfaeittoik brin# m aetfon en gMMiif/ ntjtitm¥' 
 TU<»iMiu Coffin, Efsqiiire, tmliHiiitwiu'ths Uttot thfit Hf^ie^i^* ' 
 
 A.— Yef , snd thmt^ action waf IHlewuqr: diaoMiolt 
 
 Hqlie'ki 
 
 .f.. 
 
 
 ^i^Unwnmtihe^aAjgti, at ^It it file Ad!voo«tei> aecmi Im th4^ 
 
 Viultt'Ht which arer dcpoflifMl the RBc«hli of the Court ^ -ilu I 
 
 . .\ y.t 
 
 ^.— When the Judges require of me commuoication of anj Record^ 
 it i\i Hiy duty to give it to fhem t aod I must also give cotfiniuiircat^n 
 to the Advocates, when they aakit; uf the Records of the caiiteaia 
 which they have beea ci»Dceriied« when thoae causes aae not M tf«- 
 
 Q.-^Do you know that Mr. Juitiee Fouchiw katdrawo any Pleadings 
 for any AdvocMe at the Bar t 
 
 A.'^No^ 1 have no knowledge of that, 
 
 Qv^s it not usual in the Court of King's fiiiaek a^ ^tonlveai, for the 
 Judges to prepare the draughts of interlocutory Judgments in cub- 
 tcated causes;. 
 
 C 8 That 
 
 n 
 
/. 
 
 Ai— Hiat ii not tiwayl (he cwe^ but it 6ftcn happeni. -»-. 
 
 Q.^When those draughts of Judgments arc given to the PtoihonoiL 
 'iMytn enter, are thej hot reld'iu opeu Court ? i. ' 
 
 A^Yei, generallj. ' * 
 
 Q.— Haw not the said three draughts of interlocutory Judgmentf. , 
 rendered .» th.s c.une and written by Mr. Justice Fo.,chcr& 
 lead in open Court,and entered as being the^odgmeMt of the jCoprt ?^ 
 
 ^Fotri*^l'^?-''**'"l^'^''"?*u"''^*' are almost always read in ope 
 r^nrl'll i^'M^' "[** thrtj^ draughts have been read in open 
 ™ I I ^ u"*?*^"'. *''l* I do not particularly recollect. The/ 
 ^ere entered as being the JudgmentN of the Cpurt. , . / 
 
 ^T.!w«Vl!;" ^/'^«*» "»«>« frequently prepare the draughts of 
 Jodgmeut. than Judge Foucheb does, or ha. Judge Foucher, aa 
 the junior of the four Judges, that ta*k to perform ? 
 
 It* **** 'IS* ^1"*"^ *^'* •* " ^^* *"'^ ®f **•« junior of the Puian^ 
 ihn^h- M:/'""*«KKiD,.„d Mr. Just.ce*'Fo«cHKR, aretZe 
 ThlJ f T ^;!^"*'''i'3' ^'i** *he inter|o«nt«ry JudgUMJots, in the 
 ihapeof drauglits, when they do not order one of the Prolhcnoto- 
 
 » wrh« I'T'fl ""a ' «";.""»5'«, <" ««^ ^hic h of these two Judge, 
 -writes most oft lese draughts of Judgments. * 
 
 ^ZvH *••"*' ?' l*"! "^'L*^^" "^ *^*' ^'''*"«* *»f Montreal, in Term or 
 h A " "; *° ^'^l*^' ^"**'**« ''"•"^ ^i*»» t»^«™. and to meet 4il 
 
 L^lr:hlTau^?r '" '^"'""^ "p^» -"^ p^^- ^^^-^ 
 
 A.^DHriDg the Superior Termj, the J udget take home with them, or 
 
 cause 
 
'X' sx\^\ 
 
 SI 
 
 e«uK to be carried thither. Records for eitmination. In vacation 
 It soioetiine. happens that the Judges require the R..cardi. b?r( thai 
 rarely happens. I do not k^bw whether the other Judees ^eet to 
 deliberate at the house of the Judge who has th^ RecorlsJ' l-^iT 
 
 Q.--Dojoukno*<rthat in that causi of Daillfebout ts. b.ichlJitaoifcA 
 the Judges met at the house of one of them to deliberate ? 
 
 f The ConiBiittee then adjourned, .^j^;., ' "^ '' 
 
 •ui i.ii4.^v'/ u'f^th February, 1817. . 
 
 RESENT, Messieuni Ogden, Sherwood, M'Cord, Tdkeke. 
 r^au. Panel and Gvgy., , ' ^o#c«e- 
 
 ■ ■.* ^ ■ ■ " • nrwi //.-.. u 
 
 Mr. Ogden called to the Chair, * f^ftMc 
 
 as Mows^"**"^^ proceeded on the continuation of the Ai^u^e 
 
 *^"M^fmrcdf "°'°°'°^""^*™**'*'P'^'^Sat tlie bar of 
 A."^Ye8, I am. , 
 
 «w 
 
 n 
 
 '. u 
 
 •iMf/ 
 
 Are 
 
•J. 
 
 trict of Montreal f . •i^t.Vi' 
 
 A«ftTnY««f byaffinity4«-*4iimiig niArrMd hisfu^. 
 
 Q.-— Have you had a knowieoile of a certain cauM mimmea m 
 the superior term of the Court of King'H Bench at Montreal in^ 
 February 1814, in which Pierre I gnace Daillebout Fsmxire 
 was Plaintiff against EttVnne'IN^t^dto Dd^^ndw^ 
 EtienHe Duchemoia Plaintiff en garantie against Thonws 
 Coffim Defendant en gmrm^ef 
 
 A.— Yes, Ihaveaknb\llii%c'dfltV'i-WMhe Advocate of the 
 
 Plaintiff Pierre Ignace Da^lebout* This action was retupif 
 
 .^bleon the lOih Februarys 1W4* ,^] ' i 
 
 Q.—\Vho in the first instance instructed' yviii tb'itWittvft^ tM" 
 action? ^ 
 
 A.-^Mr, Dai^iotrf, him^elft b*. A' po,wer 9f Attorney dftted 
 
 .-^Mr. Z)ai^4qtrf, liim^lf, by a™ 
 *«Three Rivers 13th March, 1813." 
 
 ^^—^Have yoh the letter ifliithacccnbpa&iedahat^wei* of At- 
 torney ? 
 
 Av-^N6.')(1| .tij^unieiv' ...'...■ 
 
 Q. — Do you recollect the contents of that letter ? 
 
 A.—To the best of my knowledge the letter corrBffkidlSi Wit^ 
 
 the 
 
 I til 
 
 
 1 : 
 
 f^1 
 
 ^-^h: 
 
4b« povirtr 4»f Attorney jrbich 1KM iwit tiVpe. 
 
 A^No, I am »ure the i^va^ of ^udgc F9ucher was not men- 
 tioned in that letter. . ' < r. 
 
 Q.—Dki you «« Mr,,P«(»Kf*<|Ml before iniUtutm^ that action, 
 and where ? .r-rp -» ,•*' '^t 
 
 .:.JLi^Yta, . at my house <ui MonUeal, 
 
 ^*rr^^!!?* ^/;^*^Ji?*^ ^^^'^ V^' y***^ *^* ^ h«> instructed 
 Mr. 0#n of Three Rivers to draw for him his money from 
 Mr, Uuchetnoi^ f - . 
 
 , A*-r-Mr. Daillebottt then said to me «* I have settled my afiain 
 with Mr. Co^n** without saying any thing more. 
 
 ^^.T— Are you positive that Ur.J>fiiUeboutdid not then tell you 
 . : Uiat he had^iyeu Mr. C(0n n^ pqw^r of Attorney ? 
 
 A.— To the best of my knowledge I am positive that he said no 
 ' .more to me relative to this, , than I havesUted in my last ans- 
 . wer. '' ^^ 
 
 Q. — When Mr. Daillebout mentioned Mr. Coffin's name, did 
 yoii not understand that lie had in fact given a power of Attor- 
 ney to Mr. Coffin to draw rents troin Mr. Dudiesrmn? 
 
 I did 
 
 \ 
 
 t 
 
• A" <****•»*»*■- 
 
 7 
 
 l> . -fy. 
 
 n 
 
 1/ 
 
 f;. 
 
 S4 
 
 A.~T did not nhderafand soki the tim«. biit a ffe# dfttsifter- 
 wards 1 >vas informed tliat Mr. C>^n liad in fact beei^ cliar- 
 ged with a power of Attorney by Mr. Bi^itteBok "to dtkw Ills 
 monies from Mr. Dwc/tcsMo/*. ' ' '^ ■ - ^^- -- '»* 
 
 monies from Mr. Duchesnois, 
 
 Q. — Upon what PuVject did Mr. I)mWeioMrmeRibutrt vpu*Mr. 
 
 Cnjin' 8 name? *" " i^off 
 
 A.— That qiiestibn is answeried by my iin.iwer^'*t6tlie foregoing 
 questions. '■ ■ir.3i,\s i)mi "^ 
 
 Q. — Did not Mr. Daillebout theii Say to ybtfthat hfe was'rftiiliss 
 to know, against wjiom h^ ought to bring. liis action whetlier 
 against Mr. .Coffin o'r'Mr. Duchesnois ^ * *» »' '"" ^^ni U- ; 
 
 •^r;:"- 
 
 ■i. <>» 
 
 ■ 1 .1 , - i' 
 
 A. — lie did not at all evince uneasiness upon this snlj^^ct^ j,, 
 
 Q. — Did not Mf. Daillebouttlieiit pjr at somp time before or after 
 tliat coiivGrsation, tell yoif .that ^Ir. Justice F<iMc/*e!r Jiad 'ad- 
 vised him lo institute that action.^ ' "-•''^ 
 
 " A.~He never mentioned to ine, the name of Mr. Fd«&€r%- 
 latlvply to tlie suit he had charged me t6 biing kg-aili^ Mr. 
 
 ,„; Duch(Jsuois. , , 
 
 <?.-^rid Mr. Justice Fot/<?/ter at any tiine ieither before or at\er 
 Ihe institution of that action, or during the suit or after the 
 • Judgiuent mention this affair to YOU .^ . 
 
 A. — Never at any time whatever. :s 
 
 •'. -i:f 
 
 Q.— Did 
 
 '■^. 
 
^ ' t5 
 
 Q.— Did not Judge FoucHER prepare the dmwght of the decla^ 
 ration in this action ? 
 
 ' A.—Not to my knowledge; I prepared the draught, tlio original 
 and the copy, myself, 
 
 Q.— 'Who drew the declaration in this cause ? 
 
 A.— It was I. . 
 
 Q.^~Did not Judge FoucHER deliver to you a draught of a de*- 
 , ciaration concerning thia cause,, or any other cause ?. 
 
 A.— No, except for an action at hi* suit, against Toussaiht Po- 
 thier, Esquire, and' returnable in the Term of February of this 
 year,, also Defenses and Exceptions in another cause, in which 
 Mr. Pothier is Plaintiff, and Mr. Justice Foucher, and others,, 
 are Defendants, and I am the Advocate upon record in these; 
 two causes.., 
 
 Q.— Did Mr. Justice FbucHBR, either verbally or in writing, 
 counsel or advise you relatively to the action brought by 
 you few M r» Daillebout^ against Mr. . Duchesnois ?. 
 
 A.— No, never.. 
 
 Q.—Do you understand Latin t 
 
 A.— I understand only the Latin phrases daily used at the Biar,. 
 and of wliich we have the hiterpretation in French; in our 
 Law Books. 
 
 ( 
 
 
 •i> 
 
 D 
 
 What 
 
 I. 
 
 i.i 
 
 *'i5*>...-.^''""»4a!)j* w"WieEr.",i5*«,-«, 
 
^'^^r 
 
 Si5 
 Q.— What is meant by actio negotiorum geatorum f 
 
 A.--It means the action which is given to compel to the render- 
 ing of an account, persons who have stood charged with the 
 administration or gestion of the affairs of others. 
 
 Q— Have you not had in your posse&sionj befoie, durino* or af. 
 ter the said action, a draught of a declaration in the ?ause of 
 Daillebout agamst Duciiesnois, upon the back of which was 
 written .the tiUe of the cause, with the Latin inscription which 
 IS descriptive pf the nature of the cause, and on wiiich those 
 words «c?fo negoHonim gestorum were writieh in Red Ink 
 
 « m the hand writing of ^udge Foucher ? ' 
 
 A.--4 never had any draught of a declaration drawn by Judo-e 
 FoucHtR ; I received by Mr. Daillebout his papers, enclosed 
 
 ,. in a blank paper, containing, to the best of my recollection 
 the loHovving intWrsemerit: D^illeboiit vs. Duchei^nois with 
 the words, actio negotiorum gestorum, in the hand writinjrr of 
 
 ..v^wlge FoucHER ; butXdo|iol recollect whether the Latin 
 
 -rAvord}^ were in Red oi;^in ^qk Ink. 
 
 Q.— What papers were en, ^osea'in that blank paper or docket ? 
 
 A. -—Instructions, and one or two titles belonging to Mr Daille- 
 bout ; the instructions were in Mr. Daillebout's hand. 
 
 Q.—Have you in your possession the draught of the declaration 
 
 111 the said cause ? 
 
 A.— Yes ; and I produce the same before the Committee. 
 
 ^^ Did 
 
 
■-"•w- 
 
 27 
 
 Q.— Did you prepaje the declaration used in the cause, from thji 
 very drauglit ? 
 
 ■' A. — Yea^'r'-- . ; ' - , _, ■,*'■' 
 
 Q-— Have you in your Law Books forms of declarations in ac- 
 tions of tills nature, verbatim such as this draught ? 
 
 A.--Not word for word, but the conclusions are tlie same. This 
 kind of action is not unknown, being very often brought in 
 the Courts of Justice, and I think I may have brought forty 
 or fifty of them in the course of my practice at the Bar of 
 Montreal, both m the Superior and Inferior Terms. 
 
 Q. — As the indorsement of this draught appears to be written 
 in tlie same ink, and with tlie same pen, was it possible to an- 
 ticipate the days for the pleadings, as they are minuted on the 
 back of the said draught, and to put them on the back of the 
 said drauglit, at the same instant ? 
 
 A. — The five different dates were written by me on the back of 
 the said draught, in the same ink after the first part of the in- 
 dorsement, in order to correspond with my meniorandum of 
 causes, and were all written on the same daj^tb save me i'..e 
 trouble ol searching for the dates, and that to the best of my 
 
 I knowledge since the rendering of the judgment. 
 
 Q.— Are you disposed to leave the draught of the declaration 
 beiore the Committee ? 
 
 li 
 
 }.i 
 
 km 
 
 A-— No. 
 
 D 3 
 
 Will 
 
r SI I 
 
 
 ^ 7JI?? ^^" ^^'""'^ **^*^ Chairman of the Committep to parth 
 A.—No, I cannot do so, if you have not a right to retain it. 
 
 Q.—In the action last rtientioned, wefe not exceptions filed and 
 what was the fate of those exceptions? "»n»ea,ana 
 
 ^"^I"" *;f ^^^flV^ knowledge, excq>rions mddefemes were 
 filed and pleaded by Mr. Louis Michel Viger, on the nart of 
 the Defendant, Etienne Duchesnois, whiclfw^iTdLmiS 
 
 ^^ro^r *^^ ""^''^^ pleaded on the merits^ and finally adjudged 
 
 A.--After aii Tnterjocutory Judgment dismissing the exceptions, 
 there were hied Dchah- de Ccmpte ; the cause was then plead- 
 eel on the merits and final Judgment given in the vacation 
 ot the Term of October, 1814, by consentof parties, gio^ed 
 by the Ihree Advocates ou Record. ^ 
 
 Q.— Is it not usual when an account is rendered by one of the 
 pcuties, for tlie other party to file his Debuts to that account ? 
 
 A.--That is as the Advocate of the Plaintiff deems necessary ; 
 m that cause no Dtbats were filed, becatise Mr. Louis Michel 
 rSo ^ i i^^^r ""i ^ .Accountant, (the time fixed by tlie 
 Rue oi Practice of the Court of ^Montreal, for filing them, 
 havu)g expned,) objected to tlveir being filed. 
 
 Q.T-^Vhen tlie cause was licard on the exceptions, did not Mr. 
 
 Justice 
 
 ?''^S*awl8?rWW^ 
 
39 
 
 Jii<ftice PowcHEH, Ihen sitUtig, send yoa a note Mnritten by 
 himself? , 
 
 A. — ^On the ll^th of Apra> 1814, this c-^use was to be pleaded 
 en dwity and there was a continuance to the 16th of the same 
 months wlien the four Judges were on the Bench. I do not 
 at all recollect that Judge Foucher sent to me any Billet or 
 Note, as I have already mentioned in my foregoing answers. 
 Judge Foucher never seiit me any instruction whatever. 
 Jfudge Pouch ER, being on the Bench, has often sent me notes, 
 4)ul never concerning affairs pending in Court ; and I have, 
 bfleii received notes from the other Judges. 
 
 'Qi — In whose fovcur was the final Judgment rendered ? 
 
 A.— 'In favour of Pierre Ignace paillebout, the Plaintiffs 
 
 <5.— 'Was Judge Poucher on the Bencli when the cause wto 
 pleaded on the merits, on the 18th of October, 1814? 
 
 A.-— I do not recollect; but according to the notes I tooli from 
 the Register of tlie Court, or from the Minutes, (Pimnitiff) 
 before leaving Montreal to attend before this (Committee, it 
 appears that the four Jiudges were present. 1 took those' notes 
 according to information I received from Mt* Levesqtie, that 
 an abstract of the proceedings m that cause was wanted. 
 
 Q.— Have you s6en the draught of the final Judgment Wtidet- 
 ed in that cause .'* 
 
 Vi 
 
 A. — Never; 
 
 Have 
 
i. 
 
 (1 
 
 t' 
 
 
 30 
 
 O-— Have ymi any knowledge tJjat Jud«re Fouciipn himc^Tf 
 pared the draught of Uiat Judghientf '""^self pre- 
 
 A. — None wliatever. 
 
 Q.-I>o jou know that Normand recovered under thh Judgment ? 
 
 .ndthe<;ostBitheRu,^^^^^^^^^ *»»« •'"^g-al 
 
 The foUowing Questions were then put to Mr. Lacroix : 
 Q -For what consideration was that Judgment assigned to jou ? 
 
 Q. — Do you not sue a« Advocatp iin<^n *i,^ -j t . 
 «ame of Je.„ B.pt«te N.'m.nd "' ' ""^ Judgment, ioth. 
 
 ^Th. Co«„U,.. oyeeted .o the p„«i„g „, ^.^ ,„„,,.„„^ ,„ .^^ 
 
 I never 
 
 tl .: 
 
 il »' 
 
 t.'.t ■ 
 
 l-^afaT*— '-»r^»" 
 
 /"W?:" 
 
**».• 
 
 31 
 
 A.—In^ver at auy time received any advice from Judge Foucher 
 concerning th*i affair of Nonnind. directly or indirectly, and I ne- 
 ver spoke to him or advised him about it, directly or iodirectly. 
 
 Q— Did you ever receive from any other client than Mr. Daillebout, 
 any papers or instructions, Wiih the title of the cause, ia the baud 
 writing of Mr. Justice fi^oucuKR ? 
 
 A. — Ne»er. 
 
 Q— Were you surprised at the circumstance of seeing upon the pa- 
 pers which you received from Mr, Daillebout, the title ofthe cause 
 in the hand writing of Judge Foucher } 
 
 A— By no means ; it made no impressioa on me. I exposed it pub- 
 licly in Court. \ . 
 
 Q.— What occasioned the circumstance that the papers of Mr Dail- 
 lebout Vere enclosed in a paper having the title of the" cause 
 in the hand writing of Mr. Justice Foucher ? 
 
 A.--I cannot s.iy. having publicly exposed that circumstaoce. as I 
 have said in my foregoing answer, and uot baviug been at all solici- 
 tous about the said paper. 
 
 And the Committee kdjourned. , 
 
 The examination of Mr. Lacroix was then continued until toMdrrW. 
 
 Kth i\hruary, 1817. ." . 
 
 JL'llESENT, Messieurs Ogdeo. M'Coyd, Sherwood, Languedoc, 
 Burgii, Gugy, Taschcieau, Stuart, and Panet. , ,^, 
 
 The examiuatioa of Mr. Lacroix was continued as follows : 
 
 ■'I-.'; 
 
 
 V 
 
 r 
 
 ■J"?- 
 
ft. 
 
 f\} 
 
 5t 
 
 ^■-z'^fnjmnfivrm. Daillebout fw tfie ffrst tftne rclaf h f fo «I,f» 
 affair did you then tHJ him Ihat he roust prosecute, iMid ^hat kiud 
 ot action did jou tell bun must be instituted ? 
 
 |i.^To tbo^J>e8t of ray knowledge and recollection Mr. Daillebotit 
 told me Ihat Mr Duchcsflois having collected his Rents he intend^ 
 2d to sue him. But I- do not recollect whetlicr I then .»ld hini 
 what kuid of action must be instituted. I wrote to Mr Oueheauoir 
 that I was instructed to sue him to compel hira to render an ac- 
 counts 
 
 Q.~Did that conversation with Mr, Daillebout occur before yon had 
 received the papers from Mr. Daillebout with the title of the cause 
 written upon the envelope of blank paper as well as the latin word* . 
 above mentioned P 
 
 A.— To the best of my knowledge and memory I received the papers 
 mentioned in the precediqg question after that conversation and 
 even after my writing one or two letters to Mr. Duchesnois. 
 
 Q.--.Did Mr. Duchesnois appeal from the interlocutory Judirmen^ 
 dismissing his exceptions? ° 
 
 A.—Not to my knowledge having paid after the rendering of the fiflar^ 
 J Md^ment from which there has been no appeal. 
 
 Q.-r-IsMr. Duchesnois a man in circumstances to enable him to nro- 
 cure sureties for the institution of an appeal ? 
 
 A.—Knowing Mr. Duchesnois for twenty years, and that he is a 
 merchant resident at Varennes and very rich, considering what the 
 fortunes in th's country are, he might have appealed from all the 
 proceedings jn the cause in question and have furnished the necws- 
 ■ary sureties for.an appeal by applying t« any citizen either of 
 Moatreal or its environs. 
 
 Have 
 
 
 
 ■'■'^^'TSSrtt^^jjj^jgSWir 
 
S3 
 
 afnf fa Hhiw^ 
 id Mhat kiud 
 
 Daillebotit 
 ts be iiiteiid- 
 ■n .Md him 
 
 Dueheaiutif 
 ider an ac- 
 
 bre you had- 
 of the cause 
 latin words 
 
 the papers 
 rsatioii and 
 [)is. . 
 
 Judgment'^ 
 
 oftbefiflar: 
 
 Im to pro— 
 
 at he is a 
 ' what the 
 m all the 
 the necQs- 
 either of 
 
 ^•TT^'*"?/?.?"^ **^'''*'*'**'" **l^f^ *'* ff'^«**» <»>« Committed the 
 Uratrght of the declaration and the paper intitled " Ditatt dt Imttt" 
 
 yi^bicbprou refused to give yesterday? '^ 
 
 A.-~I'haye no objection to leave this Draiigbt of a declaration to this 
 Committee according to its desire. If I did not leave it yesterday 
 that was not until after the Committee bad decided that it had no 
 , Tight to oblige me to leave it. But ! offered it> and it was only from 
 « personal discussion with the gentleman who proposed the question 
 to me, that I put the paper into my pocket, I therefore leave the 
 paper in the possession of the Committee* VV ilb respect to the paper 
 intitled " Debats de Cmpte" I have no olyettiou to leave it also with 
 the Committee remarking that this paper \vas written when I was 
 in Court and sitting in my place,and that it was intended to serve as 
 Draught and at original, and that it is the same paper which Mr 
 
 Viger refused to receive in communication as the delay for filimr it 
 wasexpiried.J "^ • 5 •«• 
 
 Q.— With what ink did you write those " Dfbats de Cmpte' f 
 A.--Witb the ink which is furnished us in Court by the Crycr df the 
 
 ^ir*f^'* "'"** *™""ff *^® Advocates at the bar at Montreal to keep 
 the Draughts of the pleadings or Declarations which they file in 
 Court ? "^ 
 
 A.— My' Custom is to keep them. 
 
 Q.— You have then in your possession the envelope or blank paper 
 which enclosed the papers transmitted to you by Mr Daillebout 
 ' and tpon which was written the title of the cause of Daillebout vs 
 Duchpsnois in the hand of Judge Foucher as well as the latin 
 "Vr jrds Actip negettorumgestorum f 
 
 * For thU Ptg>er see note C at the end of this report. 
 t Ftr this Paper tee note D at Ike end of this report. 
 
 E 
 
 it 
 
 /'I 
 
 ■l: 
 
 rc- 
 
 f 
 
 j^mssm^- 
 
 »-i 
 
^^mr 
 
 ' i 
 
 v.] 
 
 (A4 
 
 A.— I repeat and wy for answer aR I have already done in a prffeed* 
 uig^nnwor, that I no \onserUve th.a paper in my hancliaud that 
 to the best of my knowledge I believe I trauK.nitt.d it or caii«ait to 
 br tran.,«,tto.| to Mr. Daillebo.H on settling my accounts wSt'f,' him 
 and the reufon that makes ine think so, in that it contained Mm na^ 
 nies oCdiver.8 debtors ofi^ii.DaiMebont which w.re the instructions 
 to prosaiufB Mr. DuchesnoiH-that is to say the name of the duht- 
 ors_af whom,Mr. Duchesnoia hadrerei\cd moneyforMr DailUbout- 
 
 which If)d»eve.«^n the ham^vfMr Beanbien.thc latter being ulc 
 
 j^, Advocate who repr^-sented, Mr. Colfin. My not preservinirthil ua- 
 
 ,f per whuh was publicly exposed for the three terms duri.t whkh 
 
 this cause lasted, and i.> the view of all my Confreres is pwinff to 
 
 tny not attr.il)utnig any importance io it. *' 
 
 ^iT^"." '^ •y^' ''*!'' *^** *^'« P-^P^-r was blank and served as a cover 
 dcbh.rs?'''"""^ '"'*' contained the names of Mr. Daillebout's 
 
 ^'''ll^f"^'^^^^^^ that, that paper cover 
 
 coofa.ueU the name, of certain d.btors of Mr Da.lleboJ.t and {n hii 
 
 KUK wrmng: to the best of my knowledge, and I am positive in say! 
 
 I'OL.CHER II have sa.d (hat paper was a blank paper I think my 
 answer wasu. the senseof thequestion which wasthen proposed t<>iSZ 
 
 Q -Did you receive fi-om Mr Daillebont any other written .-nstrnc- 
 t.ons than those contained in the paper used as a cover ? 
 
 ^'ZZt' ''"'"''"^ ^'^'^'^^ instructions fromMr. Daillebout once or 
 
 - ■ . ■ .i ■ f 
 
 ^Mr^ Daillebout'? ''""'' *"^ of the papers which you received frdm 
 
 , . No, 
 
 '/ 
 
 II II 
 
 
'55 
 
 jlJ^Nrt, th««e papers, being the power of Attorn- of ^fr. d^ffln/ 
 wlirh In»cmedas I have'a4(eady laid'^itfa the copy of a BnPd 
 Ftrme by Mr. Daillebout, I suppose he considered them iieceMary,, 
 
 '"to the <rause/ but I did not Hhi'nk proper to file them. 
 
 Q. — Is it your CMvtom to sign yo}»r Draughts of declarAtions or plead- 
 
 -' ing ?• ' :: rj 1,-r ,> • ■ , ^ K 
 
 A. Yes. : i.\:\\)i,^ 
 
 .. The further '5\niida<B»ii of ^>t^ La Croix was postponed; ' •* -9^ 
 
 " . i . / ^;i' ' . - ■ ■ ■ ' ' ■ ■ 
 
 The "^ISxaminatiou of Pierr« Ignace Daillebout, Eiquire, residing 
 at Nicolct. 
 
 r 
 'I- * 
 
 Q' — Did you not marry a lady named Beaubien? and did not that 
 , ii)ariii*g<?sr»iitle joatv Ur*w certaia RtnUi CouiUtuUs in the parish o£ 
 
 Varcni.es? - Mj^f.srl j/.i. ! ' . .. muuU 
 
 A..-r-Yes.. J. 
 
 Q. — Did vou by power of Attorney charge Mr. Thomas Coffin resid- 
 ing atThiee-Rivers to draw the Huid Rentes ? and when>pk > 
 
 A.-pY|^8> I 4i*lf!P,f.h?rgehiin about 1803, and he reti^hed lo %ntil 
 
 Q — P<^}0" fc""w that.jVTr. C9fl&n.piub8tituted Mr. DuchjBsnoiilof Va«> 
 
 A.-Yes. Ui.- /}.)^n.o1 
 
 ^.— fri conseqirtrnce of '^r. Coflfin'f not being punctual in remjttipg 
 to yei! your money, did you nut revoke the said power of Attoruer 
 
 ■ 11(1 u/kan 3 , 
 
 , mud when ?, ~ , =r , . 
 
 E 9 
 
 V-r-.I /■ 
 
 -tftfiK* 
 
 Mr. 
 
 A 
 
 C 
 
 :|: 
 
 f 
 
 1 
 
 ^;f^" 
 
48 
 
 L« Croi* nij Advocate. '*''***^**** g" *<> Moutreal to p«^ to Mr. 
 
 Qr-^cfiJ'QU not very intimalelr«c#uaijitwlwi#fc Hf, li. .i ^ 
 CHER, when jrou wenf to £htd-Ri!^TfVl^ Mr, Jlntlre Fow- 
 
 Hou,e on Ww^ oc«>»«ou.? '''*"** f^ff^ ."^ j?*^ >?" not .t.^ a* <.ip 
 A, — Yea. .smur. jb 
 
 ^•*~"^^*n yo" went lo MAn*t**J a'.a ^^ ^ ^ 
 
 Q.— You were tlien very intimate wi«b him ? 
 • ^";3^'• '"* ' ""' "«- »«"■«"/ «q»««W with Un, toi „,„, 
 
 to satisfy you ? * wuemer Mr. Ducheinow refused 
 
 Q.->Duri„g y.„ „.;d.„c. with Mr. j„^„ p^^^^ ^^ ^^^ ^ 
 
 ' oOee 
 
 ■■ ^r^»**!Str^ lit IlllWHillll'l*' 
 
•ften •p««k to Uii atoMt your aflkiM #it|l Mip.tJ'oiBn und Mr. Du- 
 
 cheinoii ? - 
 
 I . , - . , *%, 
 
 A.—I once tpoke of (hem to him ; ! told him that I had chktMd W 
 
 Q.-— What did Mr.,Juitice Fqucuer aotwer to that ? 
 A. — He made no answer. 
 
 i,iiV/-~.v> 
 
 Qj~Did jou tranimit to Mr Latroijt; Atftdtate, ahr paperi concerA- 
 log-the suit to be commenced agaiiwt Mr. Duchenioii, aii4 wteta ? 
 
 A.— Yet, sometime in May, 1813, and before the commcocemeot of 
 my suit against Mr. Duchelhoia. ^ iuTTr 
 
 C ' 
 
 Q. — What papers were those ? 
 
 A,---It was a little roll of papers, containing a note of the name of 
 
 of my debtor*, and written by myself. I had put this note in Jwlgc 
 
 FoucHER H hands ; he made a little roll of it, and said to me, " rfr. 
 
 Uaillebou*, do we the favour to give that €npai}ant to Mr. Lm- 
 
 0.---I>id the roll which you so handea to Mr. Lacroix, contain other 
 papers than that note of your debtors I 
 
 A. — I do not know. ♦ 
 
 ^ZZv ""VJ'^ lu"'*'' P^P*'" •" question, of a size to give you ground 
 to believe that theri were other pa^a than the note iu qaeWitoii ?.^ 
 
 A.--YCS. ; ■' "'■'• ■' ' • ■ '•■''• 
 
 ('•'.Jl. ,;, V 
 
 The Committee then n^'ourned. 
 
 
 
 i 
 
 Saturday 
 
 ^J*?''--;;*,. -WW-.- 
 

 1 
 
 fWf 
 
 ft/ 
 
 
 m 
 
 :' . ""* 
 
 T- 
 
 '-y 
 
 C 
 
 
 ! V 
 
 i t, 
 
 II' 
 
 if 3 » 
 
 '"l 
 
 i 
 
 ,c. 
 
 
 i) 
 
 !l 
 
 r88 
 
 
 =^'* Thfer teiJftiWrtti^i proceeded i,b (he continuaiibn of 'lUr n' 'ii' ^'\ 
 examination as foIJows : conimuaiiftn of-#r. Dailleboui 
 
 Q.~Was there any fhin^^V«e,?i/t;.i^t6e^2i^^^ P.^ 
 
 pers which you so handed to Mr. La Cro.>.^J !*; ^"^^ ""[ ^*; 
 
 ^Sd^a^aS^''''^w'*'^' ^ recolteetthat when I.ve.ferdat^ 
 tJtlh %!?' • ^^P^'"* ^^ intended *6.e of ,papflts. ■ I do^aotknow 
 whether there was any writing upon that file. oot&nuw 
 
 Q.^fe fiaa been any wrliin^th.r.,, sho.ldyou'ha;;: p^r^i^i 
 A.—rrjevitabfy. • ^is'tf Msq«q i..,fW > 
 
 ®F^" r''T"P? ™*''^ IP" Wwriitea tlie note ' of vour 
 
 »♦ 
 »> 
 
 to MP LttCrotx, "I'd lie t..riym,thkttharfilfe6ontaiu«d everything 
 accessary to your action ag^kist Mr. Dtjcrf^snois ?- * ' ' ^ ^ 
 
 h.m .1 can.e fron. J.-l,., F,„,h7h, and-that the fih colin d I 
 tire papers necflswry tor your cause agai.ist Mr. Duchesnois? 
 
 >i __in]iiimii 
 
Sir 
 
 A —T fold hi-Ti. if came from Judi^e Pt)crcniBiiv ' fliiU t did nttt^krfow ' • 
 what the, file contained, but I knew it contained the note of mv 
 
 Q.— Did vati^lveMr. LaCroi/KapoWer of Attorney in writine to 
 prosecute tkB»ai*arti.»ri?^ - ^ '- " >'. I. """"6 ^^ 
 
 A.~lknowlgavohimrhar2:eofmyafrairi, b„i I do not recoUect 
 whether it was h^j a power of Attorney in writing, or not. 
 
 Q.— Where did you write that -Dote which contained the nam« of your 
 debtors to serve as instructions to Mr, La Croix ? 
 
 '''■'■* 
 A —In my room at Mr. Foucher's where I then lived. 
 
 Q.— How did Judge FoiicnlfR cdme'into possession of that note ? 
 A. — I suppose I gave it to him.' 
 
 ^'^^"' ^n "^K '*''' ^««CHEfe ever advise er Cbunsel you to sue Mr 
 iitienne Duchesnois. - /""wouc mr* 
 
 A.-Mr Justice FoucHER never conversed with me on that business- 
 
 once however while my cause wiih Mr. Duchesnois wlT^HdZT' 
 
 I said toh.m .. tell me Mr. Justice F.^chkr wUrmyTff ?/t, f^ 
 
 ^ nue much bnger ?• = he >m,d i< Mr. Dailleboot as you are in my 
 
 house I will not meddle i*?jih it."' , ^ * 
 
 Q -Do you recollect that when Mr. Foitchf.r was Provincial Jud*^ 
 
 Crow:?:''"''"' :t r T '""^'" -'■'''''' ^«" «" ^i^"-' 'i'^'« 
 
 A.— Yes, it was about the affair of Madame De Montarville, 
 
 < 
 
 I 
 
4tn 
 
 Q.f^lfl vrhal 
 
 tipac^ Were you lued? 
 
 A. — Ag Testamentary Executor 
 Onge. 
 
 t'i I hn 
 
 of the tote ,6r«)rf >)V«'« fy g|. 
 
 
 j»rv 
 
 'I;, 'rf liu'') rr.!."' 
 
 A. — I do not recollect. 
 
 Q.—Did you employ an Advocate in that affair ? 
 A.-No. 
 
 setting forth that you relied on justice" '^ ^ "^ *°' ^^^' 
 
 A.— I do not recollect. 
 
 A.— I do not think so. 
 
 Q.~During that affair were you living at jTudge Poucher's ? 
 A.-^I have been ther(?. ' i- <' . 
 
 Q,-Wcre the same papers ^hich Mr. Justice Fot;cH£R told you to 
 
 give 
 
 ■VI > ' 
 
 ;» 14- 
 11 
 
give to Mr. Lacroix and M^hich you gav« him, returnfd to vou by 
 Mr. Lacroix, after the termuiatioa of the •uitagaiust Mr. Duches- 
 
 II018 ? 
 
 A.j-Mr. Lacroix returned to mcthe papers which concerned my af- 
 tair With Mr. Duchesnois, as well as some Contracts of Co/jim-/ but 
 I do not recollect whether Mr. La Cioix returned to me that 'note 
 of the name of my debtors, which I had before given to Mr Jus- 
 tice FoL'CHEB, and which was with tlie file of papers which he told 
 me to carry to Mr. Lacioix. 
 
 Q Do yo.i now perfectly recollect that you gave to Mr. Justice 
 I'oucHEB that note containing the name of your debtors? 
 
 A, — Yes, I remember it. \ 
 
 Q.— Why did you give it to Mr. Justice Fouc^er ? ' 
 
 A.— I cannot say why, nor for what reason. 
 
 ^'that^a^ert ^^'' '^"'^'''^ ^^^^^^^ aay to you when you gave him 
 
 A. — I do not remember. 
 
 Q.—What did you then say to Mr. Justice Foucher ? 
 
 A. — I do not recollect. 
 
 Q.-jS.'nce the event of the suit with Mr. Duchesnois, have you suffer- 
 ed any sickness, which may have contributed to occasion you to lose 
 your memory > . -^ 
 
 ^■^stin^^"'^ ""'^ ''^ '^'*^''-' ^'°™ *" *"*^^ of Jaundice, a^d I do 
 
 Of 
 
1/ ''^ 
 
 nr 
 
 ) 
 
 ^h 
 
 42 
 
 Q—Of the papers reti.riiftd to yon bv Mr. Ta Croix was«nn « 
 1.. the ha.uiwritiug ofMr. Justice Foi;chlh% '^ *"" '"^''^ 
 
 A. — I have no knowledge of it. 
 
 Q— IfMr. La Croix had returned yon anv snrli .k/ u 
 known it? ^""anjsuch, should jou have 
 
 A.— Yes, I should have known it, but I did not see anj. 
 Q.~When yo.i gave Mr. Justice Foucher the nofp nfiU^ 
 
 your debtors d.d you tell him that >'ou im ndcd to T'.l "^ 
 persons ? ^ micnuta to sue those 
 
 A.— No. 
 
 Q —Why then did you return or gi^e it to him ? ^ 
 
 A. — I do not recollect why, 
 
 ^Kili^erl?^°"°"^°"''''^*'' Quebec meet Mr. La Croix at Three- 
 A — Yes, I saw him. 
 
 "^tTtt^P"'^^''" of the affair which was bringingyou both 
 
 A.— I told him I was going to Quebec upon Mr. Fouciier's affair. 
 
 ^Zuh/enT' '" '" ''"' ^'"" *^S^*^^^ -d - conversatioa upon 
 
 A. -No. ;, ■ ■ 
 
 Q.-IIad you any conversation with him after your arrival ai Quebec? 
 
 • He 
 
both 
 
 43 
 
 A.-He called to iee roe at M r. Duchesnay'g, but we bad not any 
 conversation upon this subject. ^ 
 
 The examination of Mr. DaiUebout was then adjourned. 
 Examination of Joseph Bedard, Esquire. 
 ^tTial'? ^**" """^ """^ "* ^^^ Advocates practising at the BarofMon" 
 
 A.— Yes. I have practiced at the Bar of Montreal for twenty years 
 ending m July !ast. ^ " 
 
 Q— Hatre yo.i a knowledgeaf a cause insti:ut«din the Court of Kinir's 
 Bench at Montreal between Pierre Ignace DaiUebout. Piaintiff'a- 
 gamst Etienne Duchesnois Defendant, and Etienne Dnchesnois 
 Plaintiff, en garaniie against Thomas Coffin Defendant en zaraniU 
 and at what time ? o c, 
 
 A.— Yes, that cause was pending in the year 1SI4. 
 Q.— Who were the Advocates concerned in that cause ? 
 
 ^*^!^l ^^^^'''\'^" .^^"^ ^'^''°*^«*® of Mr. DaiUebout, Mr Louis 
 Michel Viger that of Mr Duchesnois, and to the best of my memorj 
 Mr. Beaubien was Advocate of Mr. Coffin. ^ 
 
 A- — T'lhe seat I have occupied for many years is nMt *« on,i «« ♦!,« 
 r.shtofthat which Mr.'La Croix haLVooccfupTdft'r maVjear.! 
 
 F 2 
 
 Ab 
 
:\ 
 
 44 
 
 Q.--A9.y(f|^4rethu• next (o Mr. La Croix, hare, you not frequeritly 
 an oppurlumij^ of seeing his paper;* which li«; ou the table ? 
 
 Q. — Did you not see in Court and in the posgogsjon of Mr. La Croix a 
 pa|Tr marked " Oaillehoiit vs. Duchesiiois" aiid the words " Aato 
 n-gotiorum^eitorum" iu ihe hundwriti.i|ir of Judge Fcuhhek and when? 
 
 A.-Whilr that cause wag pendinp: in ^ . , and before the argument 
 
 ?Im I "'"A r '^'! ""i:'i '"'-'"' "" '"■'■ ^* ^^'•"'^'« t^'>'« a paper 
 folded in the form ota Deelarafon. 'Ihe indorsement of th.s paper 
 
 vas 10 the handwriting ..f J -.d-eFouCHER, and when I saw that 
 
 "^Vuu ZiT"^^l \ ''*' ''•'" '^'■*"^''^ "^''^ <l*-clurati<M, in the cause 
 ofDailleb'o^.tvs. r3,uhesiio,s: on the back of (hat paper there were 
 the words " ^cttonegoiiorumgcstotum" also iuthe handwritin"- of Mr 
 
 Justice FOUCHER. * • 
 
 '- . . i \ . . ■ ' -. ■ ■ 
 
 Q. — Was it the paper now shewn to you marked C ? 
 A.— No. 
 
 Q When you saw that paper which you supposed to be a 
 Drau^rjit ol the declaration m the said cause in Mr. La Croix's 
 possessipw, djd it not excite your surprise ? 
 
 A.— I was a little surprised to sec that paper in Mr. La Croix'^ 
 possession. • ' v^^^i^a 
 
 Q.-- Was not your surprise by so much. . e greater as Mr. 
 ^^ I oucher hud an eady sat m that cause and had even pronoun^ 
 ced some mtenocutory judgments to your knowledge ? 
 
 I was 
 
'•.■^/mr^ 
 
 ^'S^ 
 
 45 
 
 A— I wns anrprised to see that Mr'. Justice Foucher sal in that 
 cause because I supposed that he had prepared the Draught of 
 the (leclaiation on seeing tlie indorserhent of the paper I have 
 mentioned ab6ve. I cannot remeiuber whether Mr. Justice 
 FoLCHEii, were on the Bench, when interlocutory Judgments 
 were pronounced in that cause ?, 
 
 Q.-— Were not tlic gentlemen of the Bar alike surprised on see- 
 ing tluit paper in the handwriting of Mr. Justice Foucher in 
 the possession of Mr. La Croix, and have not those gentle- 
 men often expressed to you tiieir surprise on this ciccount ? 
 
 A. — Several gentlemen of the Bar appeared to me surprised tliat 
 Mr. La Croix should have t!iat paper in his possession, then 
 mentioning'- to me their having seen it in Mr. La Croix's pos- 
 session. 
 
 Q- — I^o you recollect that cause having being pleaded on the 
 merits ? 
 
 A. — To the best of my knowledge it was pleaded on the merits 
 in the term of October 1814. 
 
 Q.-^Was Judge Foucher present at the pleading of that cause 
 or'the merits ? 
 
 A. — Mr. Justice Foucnim sat on the three first days only of that 
 term. — lie was not sittmg when that causse was pleaded on 
 tlie merits. 
 
 Q. — Lj the Vacation after that term were you not present with 
 
 Mr. 
 
I- 
 
 fff? 
 
 46 
 
 Mr LouiR Micher Viger at the King's Bench office at Mn^ 
 treal, one day when Mr. Justice Fo^cher eat Ibr tJu 
 ' cord in the cause beforenientioned ? *'^ ^^®- 
 
 A.-- A few days arter the term of October 181 4, I was «t »,« 
 office when a person whom I do not recollect caTled t« \ 
 on the part of Mr. Justice Fouciieu for ht T ''^ ''f*' 
 
 ^ cau«e ofDaillebout.^, DucheS I r^,n It T' "' *'^^ 
 ther Mr. Louis M. Viger ^t then In IbJofc."'"''^^ "^"" 
 
 Q.--Did not that conversation also excite your surnri.P V 
 
 A.— Yes. 
 
 in the possession of Mr. Lacroix ? ^ ^^^ ^^"^ 
 
 ^- we^'tSr ^ '^^^ "^^ ^"^^^^ - '« -y whether those words 
 
 Q.-Was there a number upon that folded paper ? 
 
 A. — I do not recollect. . 
 
 Q.-M'as the amount of the demand indorsed on that paper ? 
 A. — I do not recollect. 
 
 Q.-Was the folded paper which you so saw in the hands of 
 
 Mr. 
 
 -J*^^ 
 
4r 
 
 Mr. Lacroix, of a red colour, as that now shewn to you 
 marked C, is ? ^ * 
 
 A. — To tlie best of my knowledge, that paper was white. 
 Q. — Did tliat folded paper appear to enclose other papers ? 
 n.r-Yes,. it HO appeared to me. 
 Q.— lias t!iatpai)er appeared frequently in Court? 
 A. — Yes, I have seen it there several times. 
 
 Q. — \^'hy did you suppose that folded paper to be the draught 
 of the <lcclaration in that cause ? 
 
 A.— I cannot say whetlier that paper were really the draught of 
 the dc(-hiration in the cause, never havirig seen the inside of 
 it ; that is a mere supposition of mine, which was occasiQued 
 by the indorsement. 
 
 Q.— During your long practice at the Bar, is that the only in. 
 stance you liave known of a. Judge having sent to the Office 
 
 for Records ? 
 
 A. — It has often happened to my knowledge, that the Judges 
 have sent for the Records in causes which had been pleaded 
 and were en dclihere. ' 
 
 Q. — Had the cause been pleaded on the merits, when the Re- 
 cord in the cause had been sent for, for Mr. Foucher ? 
 
 A. — Yes, to tlie best of my knowledge.. 
 
 i:^ 
 
 I' 
 
 The 
 
48 
 
 I 
 
 :V' 
 
 The Committee then adjourned. 
 
 ■WWiW 
 
 Monday, lOtk February, 1817. 
 Tlic Committee met. 
 
 P. 
 
 M^Conf^^^ '' ^^""^^''^"^^^ ^^'^'''' Taschereau, Sherwood, and 
 Mr. Oo-dcn in the Chair. 
 
 r^•^ 
 
 riie Comniiiteo proceeded to examine the followincr AVitnes- 
 ses, u lu. ansv>eicd to the qiieHtic.ns pi.t to tliem as foUows. 
 
 Examination of Jean lioch RoUand, Esquire. 
 
 ^^'Montrea?? """^ """^ °^ ^'''' Advocates practisin^r at tlie Bar of 
 
 A. — Yes. 
 
 Q ITp,,e lia^l aknruledgeof a cause instituted in the 
 
 Court ot Kmir'g Mencli at M(mtieal, between Pierre Iiinace 
 l)callebout, Plaintifr and Etienne Duc!ie«nois, Defendant and 
 Etienne Ducjiesnois, Plahitiff; en gar untie, against Ihomas 
 Lothn, Delnidant en garantie, and at what time ? 
 
 A.-^Ycs, i;ut I cannot exactly say in M^hat Term ; I believe it 
 IS aoout two or three years since. 
 
 Q.— Wikn Avere the Advocates concerned in that cau:^ ? 
 A,—Uv. Janvier Domptail Lacroix, was the Plaintiff's Advo- 
 cate, 
 
 !' /■ 
 
 it 
 
49 
 
 cafe, and Mr. Louis Michel Viger, that of the Dofendant 
 and Mt. lienjaunn Beaubien, Advocate of Mr. Coffin Defen- 
 dant en garantie, * 
 
 Q.— Is not the plnce you occupy at the Biar ar Moirtreal. neai^ 
 ttial of Mr. La Croix, Advocate ? 
 
 A. — It is in the second Form behind him. 
 
 Q.-~Being so situated, have you not freowiently anopportunity 
 of seeing tlie papers which lie before Mr. Lacroix ? 
 
 A. — Yes. 
 
 Q,— Have you not seon in Court, and in the possession of Mr 
 La Croix, a paper marked Daillebout vs. Duchesnois, and the 
 words '^ actio negotiorum geatorumr in Jud^e Foucher's 
 hand wrilmg, and at what time ? 
 
 A.—I have seen before Mr. La Croix, ^nCourtaiid^iw his posses- 
 sion, (I believe upon the day on which the cduse before men- 
 tionetl waa pleaded en droit,) a paper, marked with the names 
 DailiebmU vs. Duchesnm'Sf with tlie Latin wortU " actio jte- 
 gotiorum gestorum;* and what vwas so written, appeared to 
 me to be the hand writing of Mr. Justice Foucher. 
 
 Q.— Was not that paper folded i^ a declaration? 
 
 A. — Yes. 
 
 Q.— Were there not upon the said paper the words " Projet de 
 Declaration^'* '' 
 
 O As 
 
 Iff 
 
 ii 
 
I' 
 
 50 
 
 A.-A9 well 88 T can rpcoUent, the word " dt'darathnr was 
 tjiere;, I.do not remember whctJier the word '' pqjer hus 
 
 there. 
 
 <vt L ;' 
 
 Q,— W^ Hi the paper now shewn to you, marked C ? 
 A.— No. 
 
 ^•'ry-; Tl ^'"" '"''' *''"* P^r'^'' '" ^^»« possession of Mr. La Croix 
 
 A.-A 
 
 iidHJxejte' yoiir sinbrlse 
 
 r. ):\ 
 
 h; •■ ^^ 1 
 
 es, for at tlie nimncnt I thought it mig-ht boa drauftht 
 ol u declaration. > "^wfe'u 
 
 Q.-'^-pId ydlf Tfear ai)y expression of surprise or c ch«iiro" f.nm 
 foV(^gdnig' dirdunisthnce .^ ' ' i.>""^i"o 
 
 i^. IV 
 
 /' 
 
 A,^I,:ponHUe(4ay on which I saw the paper ])cforo mentioned 
 . several q«jer„t;entle,ne« of die Bar louked at it at the ."2' 
 inuc^^JM, .indtiu>He(J^ntlemen exprensod their .urrn- e • 
 . and J MH..M.rm4!ectthatson.eof then! appeared to pa?^^^^^^^^^ 
 . censure o^i M^at *,cca«ioi>. 1 have since heard the .fa n e 1^? 
 spoken o\My.mH;^\ f my cmf re rc^^ho expressed the same 
 sentiments ; but J beheve that on all those occasions, thei T 
 8ervat,ol^s >^'l'iie' fimnded on the snp,msition of the pane- in 
 . tiueslion bemo. a dmught of a deciaration, written by ^1 o 
 loucii.R ; I cannot affirm that any of llio«e GentleLii -P- 
 peaied ^ertiwu o\ this f^qt, , "uemcn <.p- 
 
 Did 
 
51 
 
 Q..~ni(! you nof at eny time observe to Mr. La Croix, that the 
 . druuglitol iii'.i declarution in that cuu«e, which lie had in hiii 
 
 possession, was writteii by Mr. Justice Foucher, or otlier 
 
 wonia to that etiect? 
 
 A. — I do not rocollect. 
 
 Q.--ITns not Mr. La Croix at any time acknowledged that tho 
 (Iranoht oj the declaration in the cause in question, was in tiio 
 hand writing of Judge Foucueu ? 
 
 A.— No. 
 
 Q.— Do you recoHecl that that cause was pleaded on the mer- 
 its, and wlien ? 
 
 A.— I think 1 rocoirect its being pleaded on the merits, and final- 
 ly adjudged, but 1 cannot nay at what time. 
 
 Q. — Have you seen the inside of tliat paper ? 
 A. — No. 
 
 Q.— ^V'as there a sum mentioned on tlie back of that paper ? 
 
 A.-I cannot aftirm it, but the paper then appeared to me to be 
 in a thmgs like the docket ol a declaration, and I think I 
 recollect that such was the impression of tiie moment. 
 
 Q.— Did that paper appear to contain or enclose other papers ? 
 A— As well as I can recollect, it appeared to me to be isolated 
 
 G 2 when 
 
 ;ai'i 
 
32 
 
 when T read it in Court b^ore Mr. LaCroiT, witb many ether 
 papers of t ,e same cause, aitd i believe that at that momeut 
 the cause had just beeu pleaded. "lomuu 
 
 ♦ Examination of Frederic Auguate Quesnel, Esquire. 
 
 ^'MottreS*? """^ ''"'"'^^ *^^^ Advocate-s practising at the Bar of 
 
 Q.^-Have you liad a Wledg:e of a cause instituted in the 
 K T S, !-g.' ^'^"i^i\^t Montreal, of Pierre Ignace Daille- 
 bout, Plmntift, vs. Ltienr^e Ductiesnois, Defendant, and of 
 Ktienne Ducliesnois, Plaintiff en garantie, against Tliomas 
 C ottin. Defendant en gamntie, and at what time ? 
 
 A.— I recollect that such a cause was pending ^n Court at Mont 
 real, but not being concerned in it, 1 am not acquainted with 
 lis (iecan> 
 
 Q.— Who were the Advocates concerned ? 
 
 A^--^r.l.RCTo\x was Advocate for the Plaintiff, Mr. Louis Mi- 
 cliel \ iger for the Defendant, and Mr. Beaubien for the Ga- 
 rant, 
 
 ^7r^f TU^^f^'''''^^^" occupy at the Bar at Montreal, near 
 that of Mr. Lacroix ? 
 
 "^behind hi! ^^"^ ^'''"' '^ ' ^ "^"""^^ ^ P^^^^ ""^ ^^^ ^^^ '^^''''^' '" 
 
 Being 
 

 S3 
 
 Q.— Being so situated, near Mr. J.a Croix hftw i?h'« ewm«»- :jt 
 ha:i an opportunity of seeing his papers ?^" sbmetnne^ 
 
 A.r-My eyes are naturally directed to the papers immediately^ 
 betore me, but I am not accustomed to turn tbcm Tthe n« 
 pers of Mr. La Croix in particular. ^ ?*" 
 
 Q.-Have you not seen in Court, and in the possession of Mr 
 La Croix, a paper marked Daillebout vs. DucheZT^dthL 
 words " act>t* negotiorum gestorumr written in i-R^ 
 CHER'S hand, and at what time ? " ^'"^^^ *^^^^ 
 
 A.-.-I one day saw, but I do not recollect when amono- Mr 
 Lacroix' papers, which were scattered upoX labra^oat; 
 marked ,n that manner, to the best of my knowled^^?,^ 
 which, from the place I occupy a^ aforesaid, app^aS^lo me 
 to be m the hand writing of &. Justice FoucSer! 
 
 Q..~Was not that paper folded in the shape of a declaration ? 
 "^•"ceLeS! "'' '"''^^ ''' ^^* '""'^ ^"^ '^' ^^P'^'^on I then re- 
 
 "^^S^ r "P^" ^^ '''' W- «^^ -"^ « Pro,,, 
 
 A.— I do not recollect. 
 
 Q.— Was it the paper now shewn to you ? 
 
 When 
 
 "i) 
 
 
 lM'^ 
 
r 
 
 i.f 
 
 !l/ 
 
 l\ 
 
 
 54 
 
 Q.;-Wljen you saw that pap<^r in Mr. La Croix' possession, did 
 It not excite your surprise ? 
 
 A.--Tq the best of my knowledge, the thing made a ce i tain. 
 imprps^ion upon rae. 
 
 Q. — Wtiat was that impression ? 
 
 A,~That of seeing tlie writing of a Judge upon a paper of that 
 nature, ui the huiuls ot an Advocate. '^ f i' 
 
 Q.--Did you hear expre'^sions cf surprise or censme from some 
 ot the Gentlemen oj the Bar, or any di them, relative to tlie 
 loregomg cu'cumstauce ? 
 
 A..-I think I then remarked some signs, which appeared to me 
 to be occasioned by the astonishment produced by seoin<v such 
 a paper. ^ . o * 
 
 Q -Have you not at any time observed to Mr. La Croix, that ' 
 the draught of tiie declaration in tiuit cause, which Jie liad in 
 his possession, was m the hand writing of Mr. Justice Fou 
 CHER, or other words to that eftect ? 
 
 A.-The only conversation I ever had with Mr. La Croix, on the 
 subject ot the paper in question, occurred lately at (Juebec • 
 1 then told him 1 had seen the said paper hi iiit. liands, as t 
 liave already said, and he then acknowledged tiie lact. 
 
 Q.-Did not that acknowledgment of Mr. La Croix, tend to k^ad 
 you to believe tnat he acknowledged the paper in question to 
 be m truth the draught ol the declaration in tJie said cause ? 
 
 From 
 
A.~-From the terms of his answer, I was led to believe that he 
 meiely alliuled to the indorsement of the paper m question! 
 for having- remarked to him th^t I had seer, a .papXdord 
 jn sucti and such a manner, he answered, " Well, it is true." 
 
 Q....no you recollect that cause liaving l?eeii pleaded on the 
 nieritfs, and when ? or**" mo 
 
 A.-1 know It was so, but at what time I do not recollwt.7.i 
 Q.— Was it finally tidjudged? <o:jin jfh -^u ui^^k^ . . . h u- ^ 
 A.—Ves. _, 1^ 
 
 Q.—ln whose favotai was the ftnalJniJgirifei^ rendeftlfl'?' ^ >^' '"^ J 
 A.~I have beard that it was rendered in favour of the Plaintiff. . 
 
 Q.—Have yoti ever seen i the inside of that paper? ^ 
 
 ■ : ■■■-■ ■ ■.'.;! ')iac/j.j \, .-,■■ .. .-. . ; 
 
 A.—I never saw it, nor ever sought to see it. 
 
 Q.- Did the paprr so indorsed, contain half a sheet, an entire sheet 
 Of many sheets ? , ^ ^ 
 
 Ai--T cannot say whether that paper contained a sheet or a half 
 8heef, not hivnig then paid any particular aKeution to it. ' 
 
 Examination of Joseph Mathons, Residing in the City of 
 
 Montreal. 
 
 Q Arc vo., not a Clerk in the Office of the Prothoootaries of the 
 Court ot King s Bench at Moutrtal ? 
 
 Yes 
 
 ;> 
 
 V 
 
 un 
 
 Jjiil 
 
 W 
 
r'1 ;■ 
 
 
 ». 
 
 ■S 
 
 f 
 
 M--Xft, 
 
 ^•r:"*,^* J^'V * ^"'^'^te^ of a cause instituted in the Court of 
 
 . 5;'"g« Bench at Montreal, wherein Pierre Ignace Daillebout was 
 
 rialatiff, against Etienne D«chesiioi«, DefifrMlant, and Kticnne Du- 
 
 ehesnois, PhiuiifT en gartintu, against Thomas Cpffiu, Defendants 
 
 A -I fiave had a knowledge of that cause ; it is to my knowledee 
 thre* jtears 8ince.> .. , .->,.ij i^i,i, , *^ »■ 
 
 Q— Did jou examine the record in thai cause ^ 
 A.— No. 
 
 Q.—Do you know that about the end of the Term of October 1814 
 Mr. J.istice FoucHER sent to the Office for the Record in that 
 eaiUe ? 
 
 A.-- Yes ; about that time he asked me for the Record in that cause 
 with some others, and I delivered it mjseif iat» his bauds. ' 
 
 Q.— What did he do with that Record } 
 
 A.— I cannot say. 
 
 ^.^Did y«Mi not go to; Judge FoucHEft's some tim^ afterwards, foi\ 
 that Kec ord ? 
 
 A.—Upon nn goi«i;E^,fp Mr. Justice Foucher.'s for other papers, he 
 retjirued to nw that Record, wijh other Records. 
 
 Q.— Did Ihat Re« ord contain the final Judgment ? 
 
 A.— I did u6t see the Judgment. 
 
 Were 
 
 1\ 
 
\: 
 
 57 
 
 Q'—Were not Mr. Joseph Be<lard. and Mr. Louis Michel Viffcr 
 Advocates, present when Judge Foucher tent for the Record in 
 that cause ? 
 
 A. — I believe they were. 
 
 Q.~Did thejr not then make some remarks ?r 
 
 ^T^^V *5®^ **^^^ ^^ ^^^^ "^"^^e FoucHER wanted with that 
 Kecord ; 1 answered that I did d6t know. 
 
 Q—^hen you went to Mr. Justice Foucheh's for the Record, wai 
 not Mr. Daillebout livingwith Mr. Justice Fouxher ? 
 
 A— Ye». 
 
 Q — Did jrou enter the final Judgment in that cause ? 
 
 A. — I do not recollect ; but I believe it was not I who entee'ed it 
 
 Q.--- Among the other Records which you then went for to Mr. Jus 
 tice Foucheb'5, were there any Judgments rendered in those causes ? 
 
 A. — I believe there were. 
 
 Q- — Was there a Judgment in the cause herein before mentioned ? 
 
 A — I cannot 'Say^ 
 
 Q.— Did yon notsupposea Judgment had been rendered ia that cause, 
 as iu the others ? 
 
 A.— Yes. 
 
 I 
 
 H 
 
 . _ *-.« - *- 4 .V4\UJ 
 
 
 Haa 
 
 rt, 
 
( 
 
 58 
 
 Q.-.Ha» not Judge FoucHfea, to your knowlrtffA often HTaPfrf the 
 entries on the Il.gister of the Inferior Court of k.^rik.^!.? 
 
 A.—Ye8 ; sometimes during the Terra, and Bometimes after the Term. 
 
 Q.-jWhat Books are kept f.r thn Inferior Court of Kinff's B..iuh .t 
 
 ^VV.t ^^^J^^a'I^tl a />/m«,Y; the Rules. Orders and Judgments of 
 ^la U„rt, are entered therc.pon as soon as nr,,M,Mn.rd t W 
 Rul.s Order., and Judgment,, m the LHumuf, a e th " ter'ed fair 
 in another Book called a Register. For about a year pa t the 
 Ru . Order, and Ju.l^nn.nt,. therein rendered!, have 600^ nt. eS 
 • n th,t Jteg.sfer. and tl.r.ngthe Term; before that time those en 
 tries were not mude until after th j Term. 
 
 ^iir.l?r .*"^1\''"*'« ^"P'«« "f <»ie Rules, Orders and Judgment, of 
 lliatlHmor Court are required, frott, what Booksare thc^ tlken ? 
 
 A.-They are generally taken frcm the Plumuif, when the Ri>o.J«*«. 
 
 p...de„c,- of ,he causo,, or after Ih. re„deri,fg of ,1," Ju4""of " 
 
 time. a. ;U Officii '^«'' '^''""'*"' ""™""'-=" "' l""""- "'"l »-»"=- 
 
 Do 
 

 <•] 
 
 09 
 
 g.— po yon know that Mr. Justice Fouchw hai also made emurea 
 M tue Hegister of lUe said Court ? ciBiuret 
 
 A— Yes ; but I cannot saj whether in interlocutory or'in final Judir, 
 nicrit8. "^ • 
 
 ^i7ad" f * ^*^'**"' *"** /»/«mz/i/i of what years were those eraiurea 
 
 A— I belifve from 1&13 to 1817. 
 
 The Goouuittee then adjourned. 
 
 Tuesday, l\th February, 1817, 
 The Committee met. 
 
 RESENT : Messieurs Ogden, Taschereau, Languedoc, Panet. 
 and M'Cord * 
 
 Mr. Ogden called to the Chair. 
 
 The Commiftee proceeded to the continuation of the examination 
 of Mr. La Croix,. as follows : 
 
 Q.— Did yoM receive the money arising from the Judgcaent obtained 
 by Mr. Daillebout against Mr. Duthesnois ? 
 
 A.— I was paid the amount of that Judgment ; I believe by Mr. Vi- 
 ger, h.s Advocate. 
 
 Q.— Did you remit that money to Mr Daillebout ? 
 A,—I do not know whether the Committee determine that I ought 
 
 H 2 to 
 
 ^i 
 
 
 < 
 
 A i £ .J i*m 
 
 V, 
 
 'M 
 
«0 
 
 f 
 
 to iMwer ; t do not wl««h to aniwer, and I think T ouglit not to an- 
 swer that question, the samir relatinir merely to nir pcrHonal afF irs 
 apJ being resiioi.aibleto Mr. Daillebout aloue, ami uoi towards aiiv 
 other. ' ^ 
 
 in 
 
 QrrD'd not <be money arUlnff from the anid Judgment, romaiu 
 your hands for the use of Judge Fuuchch ? 
 
 A.— No. 
 
 Q-— ^'^*»*'" t^>e paper indorsed in the hand writing of Judge Fouciier 
 was given to yon bv Mr Daillebont, did he not then tell you ihat 
 he came on the part of Judge Foucher ? 
 
 A.— J shcMld wisli the Committee to determine \vh3t!ierIoii«lit 
 to answer tliat question without a previous reading and com- 
 inunication of the questions put to me on the 8th and 9tli ? 
 
 TJie Committee decided that Mr. La Croix do answer without 
 receiving- tliat communication. He answers " Not, to tlie 
 best ot'my memory." 
 
 Q.— Was the note of the names of Mr. Daillebout's debtors 
 contained m the packet which was deUvered to you, or were 
 the names witljin tiie cover and written thereon ? 
 
 A,— As I Jiave already said, to the best of my memory the 
 names of the diftbrent debtors were written in the inside of the 
 cover, that is to say, upon the same cover the back of which 
 contained the tide of the action I have already spoken of in 
 any foregoing answ ers. 
 
 Have 
 
 iu 
 
~»1^,. 
 
 V 
 
 61 
 
 t 
 
 Q.— Have you in your possession youi" memorandum of causes? 
 A. — ^Yes, I have it in my possession. 
 
 Q.— Will you produce it to the Committee ? 
 A. — I have it not about rae, 
 
 Q.— The Committee desires to see it, it is necessary that you 
 should produce it. 
 
 A.— I do not think I ought to submit it to the Committee, inas- 
 much as it concerns the affairs of a number of persons not 
 concerned in this proceeding, and is tor my private use. 
 
 Examination of Louis Montizambert Esquire, Clerk of the Court 
 of Appeals, 
 
 Q.— Have you in your possession the Record of the cause Do- 
 minus Rex vs. Pierre %nace Daillebput now, in appeal t 
 
 A. — Y^s, I have. ;: 
 
 Q.— Will you produce the same for the information of the Com- 
 mittee ? 
 
 Mr. Montizambert laid the said Record before the Committee.* 
 * For this paper see note E at the end of this report. 
 
 ExAMI- 
 
 f 
 
 Ih 
 
 i 
 
 t 
 
 ) §1 
 
 ' itt 
 
m 
 
 ■ 1... 
 
 'I 
 
 ft' I s 
 
 ^ 
 
 i \ 
 
 ^^mm/^m^<^UJngh Fr(^t}r, Esquire. 
 
 A. — Yes. ■ <. : < 
 
 Q. — Do you remember the canse bmnn-hf in ♦!,« • • i 
 
 CourtofThree^JiversintHule^J^oS 
 
 );uliebout una Joseph iiouulier Sieiu- tie Mo Uar il o ./ 
 intervening party ? • ^>Aowurvillc e< wxor 
 
 A.--*<Ves. 
 
 0.--Is the papornow shewn to vfyii No., 22 ^In-nnA P t n 1 
 lebout, tiiedeiendunt's plea filed in li;atc;S •^'•^• 
 
 A.— Yes^ 
 
 Q.-r-Was t!ie plea '^se^ jj^ tliat cause ? 
 
 A.—Yes, andt^ra^^'filed^by meas a part' of the Records. 
 
 ^•;;i.t^:U?'"" ''^ ^""' ^" ^'"^'^ *^»^ P'- - -itten, and 
 
 ""■ii^mrofe"""' " '' """°^^^'--'' J-'"'" 0"o oftl,ec:erks 
 
 Q.— Were you present when Uriah Jutlah vonr H»rt ™ • j 
 
 that plea fron. nUrangl.; which ha<l be^ givl 1„ tliu ^ 
 and iCiate what V All br,^«, ^ *•••.., ^.v b':^" 10 aim r 
 
 ai).u icxate what you know of lac circumstances ? 
 
 About 
 
 '.it 
 
 
A -Aboutlhe 24th ofSepfcn.ber IRl). Juc^ ^ourn.n came 
 o n.. office having, a paper wf.ich he requested Mr. Juduh 
 to copy Mr. Juclah in cotnequence copied it from a UrauX 
 m the handwr.t.,^ of Jud^e FovcuL The copy wfj;! 
 nirne was H.gnod (I suppose) bv Mr. Dnillebout andTfiled 
 
 reirpreselr^"'' "'"" ""^'' '" '^'' "^'^ ^^^^^^' P^'^^"^ 
 
 Q r^d Mr Daillebout appear in Court at the time of the re- 
 turn of that cause ? • 
 
 A.--Ye«, iind what follows is the entry in the reffi^tor >' the 
 de rndant m his alore.aid quality (clTcsta.uentary Executor 
 ol the late IV ess, re St. Onok) appears in person, and tor X 
 /me savs that he has nnlhin^- to allege and relies entire y 
 upon ,u.l,ce" and that .s the o.dy dejrme made in the action 
 except that 1 have ah'eady inenUoned and lurnished by JudLre 
 
 Q' — "^Vas the cause finally adjudged ? 
 
 A.--YCS on the? Uh of September, 1813, the cause was ad- 
 jmoc. m favor ot tlie iufervenin^r party, condemning- the 
 celemaid to rts.oie the inheritances xvithout costs, ancl de- 
 caring- tie 'i e.stameiit of the late Mesair^ De S-r. Onge null. 
 
 Q.— lvid Jiid^re FoLCHKR sit in that cause and concur in ero- 
 
 nouncmg Vie said Judgment ? . 
 
 A.~- As provincial Juf]:Te he sat in the whole proceeding from 
 the entry oi the cause to tlie hiial judgment. 
 
 Is 
 
 ^W 
 
 '.I * -.Mti 
 
'? 
 
 04 
 
 Q. — h the cause now in appeal ? 
 
 A. — Yes, since the montli of November 1812. 
 
 Examination of Upiali Judah of Three-Riversi 
 
 A«"~~ie8« 
 
 Q.--Have you a knmvlc%e of a catisc instituted in theCourt o*' 
 Kiuff H Bench of that District intituled Dominu>f Rex vs.P I 
 I)aillebout, a.»d Joseplj Bouoher de Mon tar viUe ^< wxor i'n^ 
 tervening party ? 
 
 A. — 1 have. • 
 
 Q.— Is the original plea filed in that cause, in' your handwrit- 
 mg . 
 
 A. — Yes, it is. 
 
 Q.— From what Draught did you copy the said plea ? 
 
 A.-I copied it from a Draft given tome by Mr. Judge Foucher 
 and ui his own handwriting. *= oucher 
 
 Q.Was the said plea made use of in the said cause ? 
 
 A.—It is marked filed and forms part of the Record in the said 
 cause, as appears by tlie Kecotd now exhibiri 
 
 Was 
 
65 
 Q— Was tlie said cause finally adjudged 7 
 
 A. — It was. 
 
 
 % 
 
 Q.— To whom did you deliver the said Orifrinal Plea which 
 you so copied from the Draa given you by Mr. JudL^e Fou- 
 
 CHER? • 
 
 A. — I gave it to Mr. Judge Fouchbr himself, 
 
 Q. — Was the addition to the said Plea, purporting to be an 
 Account of Mr. Daillebout's expences, also copied bv vou 
 and from what Draft ? f ) y »> 
 
 A. — Yes the said addition is in my own hand writing and waM 
 copied from the draft given me by Mr. Judge Foucher at 
 the same time. . 
 
 Q. — Did you return the said draft to any person and to whom ? 
 
 A. — I delivered il back to Judge Foucher. 
 
 Q.— Is the signature signed to the Plea in this cause ol the liand 
 writing of Mr. Daillebout ? 
 
 A. — It is, to the best of my knowledge* 
 
 Wednesdax/ 
 
 f liKi 
 
 \ |./A| 
 
 ' Ifl 
 
 1^ 
 
66 
 
 Wednesduify t2th Februdry, 1817. 
 
 P' 
 RESENT, Messieurs Oga'erij Sherwood^ Panet, Tasclie- 
 reaUy Stuart and Borgia. 
 
 ■ ... ft , , • •» > 1 
 
 Examination .of the ilonorable Etkcurd Boueny quq oCX^'^ 
 Justices c»f His Majesty's Cuuit of King's £>e;ica foi- Uic Ijid- 
 trict of Quebec. 
 
 Q.— Did you in ISli, as H. M. Attoriiev ^ft^erai for this provinra 
 
 file an informatiuii ai>:ainst P. I l.V.iii. hoi-t i i thi^ <'.)iiii of K JL}. 
 
 ^ in f he District of Thrcr- Rivers? cai) vo^i infoim the Compnttcc 
 
 what were the grounds of that iiifoaniJio;! ? 7 V 
 
 A.— In the year 1811, hcing <hen one ofihf' Kiri<r's ^ocmisH in the I'aw 
 for this Proxincc, and holdina; a Speiwi! (oiiiiiis^i.-sion «o prosecute 
 and file inn»rinHtions ya; o^vio for th« Crown in the several Courts of 
 this'provin: p, in theabseote of il. >1. Attofn<>v and i^olicitor Ge- 
 neral for the jMoviuce, I did on or jibMitth.' Kith of Sopdmbir of 
 the sarne yea'- file an mforai ifio.i on the civii snie ofiht: Court of 
 K. B. for the District if Three-Rivers !jj:j;\insf V.[ Djill(b.»i,t as 
 one of the Executors of the last Vtili and 'h-.tament of the late 
 Mes^ire Pierre Garenn df St. Onge in his life tnne Vicar Gcn(U-al of 
 the District of Three- flivers. Tire infor^uation was founded on th* 
 illegal disposition of certain iniinovonb!*' juo'city liequeHthcd bvr 
 lii«last Will and T.-stunNit to a Rriiigious comnunity at Three- 
 Rivers contrary to I.;iw vv\ to (he pr inhibitions of the det 1 nation of 
 Hit Most Chrixtiati VTii stv r.'s;>"' ti i£,' _^'m de maui mt> ' of the vear 
 1743 The i.f »r n if ioo bei.if^ pare of the Record now shown to m<s 
 is the same I have mentioned. 
 
 Havfl 
 
 A— 
 
67 
 
 Q^TT«ti> foti any knftwledg'e that an int«rve«tmn was filed bt Jo§. 
 BoufhiT (fe Moiitarville Esquire, aod Marie Joscphte Averard ? 
 
 A.— The f.rocess which issued to bring i\i the defendant to answer to 
 tbeiiifiraiMtioM was not fclurnable until the 17th oftheskme mouth 
 at whh h period I had left Three-Kiers to return t.) Qtiebec and the 
 s< bMi^uent |}ro<e<-ding8 on the part of the Crown were coj.ducted 
 H ^^^ llf^l Ui«l<»t, theic beiifg uo ceu^is^l for the C rown iu the J Us- 
 triit of ihree Rivers and I afterwards learnt of him that such an 
 intrrventio'i was filed and I now find it in the Record. 
 
 Q ■— !Iave you any kno^1( dg^ that the defendant appeared in person 
 on the day of the retucn (^iCthedumtnoiis ^ 
 
 A. — I have no personal "knowledge of tlie JFaCt but upon reference to 
 tho RiCor(| 1 fii d that he dui appear in perBou on the return day 
 and declared by way of (defense to the information that he had no 
 reasons to otfer agaiiist the same and that he submitted the whole to 
 the j iistice of the Court. 
 
 Q.— Have you any knowledge that the intervention was admitted bv 
 the Court? "^ 
 
 A. — None but what I derive iTrom the Records. 
 
 .i 
 
 Q.— Previous to ihi- final deci<-ion given in (he Court of K.B. for the 
 Di>itrtct of ihiee-kivers were you ;vppoifitedoue of H. M. Judges 
 
 vfoffitwDistirict of Quebec ? . ,,. , ,, . 
 
 A. — I was. 
 
 J uj!*',. 
 
 Q.— -As such J.idjve were you present at the final hearing and decision 
 of that cause ai the town of Three Rivers ? 
 
 P 
 
 A. — 1 sat 00 the Bench. 
 
 iO 
 
 I 2 
 
 Do 
 
 'iy(^ 
 
 f 
 
) 
 
 68 
 Q.-i-Do ybu Jrecollect Mrho vrerd the other Judges present at thetimefj 
 A.— Mr. Justice Perrault and Mr. Justice Fouciier. 
 
 -.f f !•>,'(, 
 
 
 Q — Did you sit in judgmeqt oo that cause ? 
 A. — No, Ididnot. 
 
 Q.— Can you say which of ^ithci Judges pronounced the judsrtiient of 
 the Court? , ■' >" ° 
 
 ■■'if (H i< ;i //.. 1 jr"r; ''-''I •;■ 7 , , 
 
 A.— Upon reference vo the Record I find that Mr. Justice FoucHEa 
 presided : and consequt^.itiy I pfe^'dmehe pronounced the i»i(l(.M,.nt 
 But I am also certain Mr JusUcePorault'also delivered his opinion 
 "P^n the case as ,i^ M.ijual it) g^ses of importance. 
 
 0.-^t>iii J^bu'ijbnSiderlihtt case as a case of iinportanCe ? 
 A.— Certainly* * , 
 
 .1.': . 
 
 Q Would the Court have been competerjt in Mr. Justice PerrauU 
 
 A. — No ; there must be two Judges at least. 
 Q.— Why did you decline sitting in that cause ? 
 
 ' '■ j 1 
 
 A.— Because the Court was competent without me. I declined from 
 m.-tives of delicacy though I consider I had a right to sit beiojcacuse 
 or th« Crown. ° 
 
 Examination of Charles Porteoiis, Esquire,, 
 Q- — What is your profession? 
 
 A.— I am an Advocate and Attorney of this province. 
 
 ' " Did 
 
 ^.T~^' ".^:iT.ttS. 
 
0.— DM you in the year 1815, practise si& Attorney and Advo- 
 cate in the Court of K. B. in the District of Montreal ? 
 
 A. — Yes, I did. , ; 
 
 Q. — Did you act as Attorney for the defendant in a certain cause 
 pending in the inferior Term of the Court of K. B. in that year 
 wiiere Louis Gibeault was plaintiff and Barril dit Namur 
 defendant and e contra ? 
 
 A.— I did. 
 
 Q. — Did you attend as Advocate and Attorney for the defendant 
 on the engwefe and trial of that cause, and what Judge or 
 Judges were present ? 
 
 A*— I attended as the Advocate on the enquete and trial of that 
 cause and the sole Judge present was the Hon. L. C. Foucher,. 
 who presided. 
 
 Q. — ^Ilelate to the Committee tlie proceedings which were had 
 in that cause and the nature of it. 
 
 ^.— The action was brought by the plaintiff against the defen- 
 '"dant for the sum of eleven pounds currency. I hand to the 
 Committee a copy of the declaration and summons which the 
 defendant handed to me himself and employed me to defend 
 . the suit. On tlie part of the defendant I pleaded the general 
 issue and an incidental demand. When the cause came ori for 
 Uitil Mr. Binder as Attorney for the plaintiff examined two, 
 
 J ' ..." 
 
 witnesses 
 
 ^ \ 
 
 
 
 ■X 
 
■witnesses and the defendant u^onfaits et articles. I tli^fi cal- 
 led five witnesses who we re. Sworn, and I called one. Pierre 
 Kenoit who entered tlie witness l)ox, to whom 1 put tiie ques- 
 tion whicii is in my opinion always put to witnesses, tliat is to 
 say. " Do you know the parties in this cause r" the Hon. I,. C. 
 I'oucHFR who was then presiding- addve.-sed himy^eh *to nip 
 
 ^ apparcntty nuich irritated and'asked me " why do you put 
 
 '-" that question? It is absurd." J answered in a'polite and res- 
 pect Jid manner " niay it please theCionr-t- ^ .•-> X!ie 
 
 Iioiioral)!e Judge without giving- me time to add another word 
 «' siiifl Mr. Porteous liold your tongue, it is al)surd, there is st«- 
 " pKlityinputtingsuch a question: it is absurd and stupid; pro- 
 
 ■^' ceed:" I tljcn put to the witness tiie same questionV The Ho- 
 noraHle Judge stOppednie, and in a manner more vioknitand 
 a more irritated tone said " Mr. Porteous hold your torio-ue, 
 ■*' 1 will suspend you until IiisMajesty> pleasure be known," I 
 answcj-ed " but really may it please the Court.— "Tiie 1 lono- 
 rable Judgestill more irritated said *' hold your tongue,cryer,or- 
 " der silence, Mr. Levesque give me souie paper and writeior 
 „ nie,l will not hesiiatean inslai.ttosuspend imp." During t!'at 
 conversation I was standing near the Prothonotary's de.^k as 
 is ciistomary with the Advocates practi'^ing at the Bar at Mon- 
 treal in llic inii?ri<.r tenn. 1 lelt that place took my usual place 
 
 -at the Par iind addressed 1113 ^eli" to the Court in the Ibllowinr 
 words " May it , please the Court, 1 am but a young man, it 
 *' IS but a very slu)rt tiiiie since 1 made choice of this honorable 
 
 *' protes8ion.~--"Thel^ioiableJudgejmniediately stopped me 
 and said " Mr. Porteous" ". Crvei, cause silence to be kejA" 
 '' proceed"— I ajiswcred " I >vis:i to proceed." 'Jlie f :iin. 
 Judge said, " Mr. Levesque, ' enter fliat the' defendant M 
 
 choosing 
 
 > 
 
 *m.,^^m 
 
r^s"*--'- 
 
 
 
 71: 
 
 ♦^choo^rna;toproceed to his proof, T put or tnlfe this caii«e- 
 " en dfUiuere" A short time after that oneot'tlie witnesiies of 
 the defendant addressed himself to the ( ourt lor tiie puipoje 
 of being taxed. The Uoiiorabie' Jiidg-e said, " see wiiat it is 
 *< (shrng-ging his shoulders ) to make witnesses attend wit! wut 
 " exaiTHninn^ them, and to make them lose their tiaie. Mr» Por- 
 " teous hereisone ofyouFwitnessesswhoasks tube taxed;" I 
 answered " that as the Court had not chosen to allow me to- 
 proceed in that cause I could not do any thing about the mat- 
 ter." Thellon. Jud<re in agreafc passion said, "Mr. Porteous 
 what you say is false, it is afalshood, and I do not hesitate to 
 " say here in tullCourt, in the face ol the whole public which 
 " hearsnie, tliat you have Just uttered a falsehood. I never 
 *• refused itto you to proceed in this cause; tiie Court solicited 
 «' you to proceed but you vlid not ciioose to do so. I will never 
 ** allow mysell" to be thus restrained in Uie administration of jus- 
 « tice." I answered " 1 never refusetl to proceed in this cause 
 *' and I take to witness tiie wliole Jjar if it be not the case." 
 *« The .Pudge answered immediately " ^ir. Porteous I shall 
 « nottake the Bar as Jui;ge; for my part, 1 know the powers 
 " and autlioiities I am vested v\itti. 1 kiutvv in what manner 
 « I am at;couulable to my King auvl to the public. I have uo 
 « account of my conaiictto reurerloany one Out myself. I am 
 «* the rcpresentat'veof i*i,s iViiijosty, and I do not fear to say 
 " l.uitup«m this Bench I am laow i\un\ i ; is iVlujesty, for Lis 
 " Majesty even cosnesto .ny tiibunai to be there a';ijU(!^cd, and 
 " i» lliere be M.oni t«>aiumac:verl upoii m\ conduci, lit the me- 
 •* tliods deemed proper be taken audisaaU be rtady to answer." 
 
 ./. 
 
 After 
 
 r« 
 
 CM 
 
II ' 
 
 I 
 
 h 
 
 r' 
 
 After Court I wentdown to the Prothonotary's office, and took 
 out a copy of the interlocutory judgwient, putting tlie cause en 
 delfbere, which copy I produce to the Committee certified hv 
 the Frothonotary.* The next day being: |)resent in Court the 
 ±ion. J udge FoucHER pronounced Judgment in the said cause 
 ot which Judgment I now hand to the Committee a certified 
 copy,+ tiie Judge remarking at the same time « I can render 
 "Judgment m this cause altliough tlxe defendant's witnesses 
 ..have not been heard I have heard Uie plaintift^s witnesses 
 . and have had from them all the information necessary to en- 
 able metoadjudge thecause and decide betweentheparties " 
 A VV rit oi executton was taken out against the defendant, and 
 1 produce a certified copy of the Procesverbal de Saisie which 
 took place m consequence of the above execution. The con- 
 versation above alluded to, took place in open Court in the 
 
 ^ presence of the giva;est part of the Bar, and a vast number 
 - t>f Auditors. 
 
 Q.— Was there a meeting of the Bar upon the subject of what 
 . took piacc on I lie trial of the cause of Gibault vs. Namur and 
 
 was i\ requested by you ? ' 
 
 A.— I expressed my feelings to my brother Lawyers who had a 
 meeting on the subject. It was not requested by me, butdone 
 > voluntarily on their part. 
 
 * For thl6' Paper see Note F at the end of this Report, 
 i For ihi;, Paper see Note G at the end of this Report. 
 
 '' What 
 
 ..-....■. «*.v'<-M>«a^ 
 
\ 
 
 n 
 
 ^Q. — Whal was the result of that meeting ? 
 
 A. — Themeeting were of opinion t}iat I should petition the House 
 of Assembly ior redress. 1 put the necessary documents into 
 the hands of one of the Members of the House of Assemhly, 
 but he was prevented from doing so by the dissolutiou of Uie 
 Provincial Parliament. " 
 
 Q.— Do you contlnMe to praetic« at the Bar iA Moatreal ^ 
 
 A. — I do not at present. 
 
 ^. — When did you abandon practice ? 
 
 A.~Io March, 1816. 
 
 Q — From what cause ? 
 
 A.—Thc principal cause was the conduct of Judge Foucheh fow* 
 ards me on the trial of the cause Gibault vs. Namiir ; and I should 
 have left the Bar immediately after that, had any other emplovment 
 offered. ^ r j 
 
 Examination of Jean GuiVaume Delkky of the City of 
 
 Montreal Esquire. 
 
 Q. — ^What is your profession ? 
 
 A.— I am one of the Notaries Public for this Province. 
 
 ^*^"*i?r"u°"l? *^*."* *" '^^ Superior Term of the Court of Kinir** 
 Bench fur the District of Montreal, in which cause you were Plain- 
 
 K tiff. 
 
 ( : 
 
 r^" ' f 
 
 i 
 
; 
 
 i) 
 
 74 
 
 (i/r and iho. CommUn\onnt% for rctiiovinff the Forlificationi nf M.. 
 said Cit^ were DefeudnntH. and when? ^f'ttcalions oflha 
 
 A— Ye-', I hud such a ea 
 
 — » e". 1 nuci such a cause ; it wa, pr^ndine ,'„ that Coup* in IRIA 
 and was thae.u fi.aJi^ adjudged in U. luJuv ibU ' 
 
 Qj-Whon the said cause xva8^« rf/'jisVe had v-ni anv cr>nver.',tinn « 
 Court of King's Bench of Montreal ? ^ ^ 
 
 A.-^No, not di.rirg the deuhere, hut alter the rcndrrfn^- nP t j 
 
 - my lavour. ho told lue that if a h^i:::^^;^^:!^:^ 
 J'ld-es ot the Court of Kiriu-'s Bench of ih«» i\. -t T * 
 
 damagesin n,onev ft>rthe t.e^..^c ' .^ t U Ud of ;h;rr' '"'^ 
 I)Ia.„ed, the, vvonid not have rl.uiered a J .u^^a^eZ ^ !^ J ^Z 
 
 jn^..u^ couM>elln,g thenao put .uatter^;; the co^Uiol ';::i^^^^ 
 
 Q.-Did not you and Madame Helisle, your wife, cake a ccssi<,u of 
 the property and nghrs .yon had in the Snecessi;.n of .hela e J I m 
 Dehsle, Lsqnue your h.Uler. in favour of your children a m] d 
 not a sn.t ex.st heh.eeu the Te.taa.entary Executors of /Jur U 
 father, and yaur children, in consequence of that cession ? 
 
 A— Yes. 
 
 8 
 
 iatt 
 
 Q— Have you ever been advised by Judge Fouch£R to make if>r. ,,.M 
 assignment or cewion l "I'tHi-R lo maice Vio aaid 
 
 A.--No. ■■."•::■■■ ♦ 
 
 The Committee then adjourned. 
 
 Thursday 
 
 ^\^ 
 
 •■ . , M- ^ f:iji fi&t(.^ 
 
 ^-idj^^'f 
 
75 
 
 Thursday, I3th February, 1817. 
 The Committee met. 
 
 I^ESTiiNT: Messieuri Ogden, Sherwood, Taschcreau, M'Cord 
 una rauet. -^wiu, 
 
 Mr Ogden in the Chair. 
 
 Ordered That to morrow the Chairman do move that this Commit- 
 tee huvo .aye to cause to be printed, in both Languatfes/ 
 one hniidr.d copies of the Evidence produced, and to~ be 
 prod.K ed, hvfote the said Committee, for the informatioa 
 ot the Legislature. 
 
 The Committee then proceeded to the Examination of Louis Mi- 
 chel ViGLR, Lsqiiire, of the City of Montreal, Advocate. 
 
 Q— Are jou not one of the Advocates practising at the Bar of Moot- 
 real r o M* 
 
 A.~Ye8. 
 
 Q Have yon a knowledge of a cause instituted in the Inferior Term 
 orth.. ( OM,i<,| Kngs n.,Mh at Montreal, in which Louis Gibault 
 \v;,R \ ifMi.mt ....a Joseph Barril, otherwise called Namur Defen- 
 Cant, and when ? ' 
 
 '^■;rJ]lHtl^''rr''^'.c[.'^"*'*"^"' •* ^^^ fixed for the «,^«^. on 
 Q.— Who were the Advocafes concerned in that cause? 
 
 K^2 Mr. 
 
 T 
 
 < 
 
 i 
 I 
 
 .mi 
 
 3.. 
 
r» 
 
 it*ii 
 
 r^^^r ."^" »<^V.4ftorney for the Plal..«inr. ant! f.r tl,o \ncu]en^ 
 Defendaut, auJ fur the i.ici.' ..^ • PUiut.tf'. ^^^"^"«> *"^ "le 
 
 Q— Wm the came called iu the u^ual manntpi? • 
 
 *"Z^^' ^!"^", " *'!'""•«•'' f"f «»» Plaintiff, aflor Fiavi.,- ,(.(0,1 .l, 
 
 ».- »..»««, ..Xhe „.„„b..r„f four..,, re [^^mTS 'hi 
 »li y ««f sworn. Ooeoflhose wittiesseshiioe placed i,h/l., 
 
 Jur he kotw the p.rtie, j,, ,[,, „„„ ,h„ Honorable I 
 
 «l.. ,, „.„„g „,„1 holding that Coo.t, iunrndiatel, tlemn^^ed Aii* 
 
 p 
 
 Wteoo, ..,d ,.,d U, hf™ i„ a to„e o%;e;.i;Si. '.l^'ri ^^ 
 |...t that q>,est.o„ to the wit„es,. it ., ab,ur.l, it i, .nlu,?!^* 
 
 '^': P"''™ > a very rc!pc.lf,.l manner addre.sed the I [1 " 
 
 "•^"•g •• Mar it Ploa*.- the Court ._!!!!!!...'!, j'^ T 
 
 .n.u.ed,»N ly ,,:„ „„,,„„ ,,,„, „,,, ;„ ., „,„^, , ,. ^^ ; ^.^^^ ' '«« 
 
 ai«.« oi greater ualation told Mr. fo.t.ou. .0 hold b» ton/J^ 
 
 tliat 
 
 ^T»»- -^' >■•£*■; 
 
n 
 
 k.. .WM. Mr FortroMs fhn. addrrs.n.g the Jud;.. ,a,d .. ^^, oral- 
 ly .n.y 't plctse rhe (\M,rf-^a..d i.itendi..ff <o ,,r..ceed \L J. ri 
 r agai,, told hn„ to hold hi, tongue and u^Jdriing th'e *{>,*' '^f 
 be ( o.nrt ordered h.m to cause s.lenct-fo be ,, reserved, and «aid 
 wri''-- n T'r " ^^^^J^*»n..e fflve L «ome'pape; and 
 writo. --Ihe Jodge w^s at this moment extrrm.-Iy aHgry, and 
 w.thm.t saying any more to Mr. Levesque, addressing hims • f l» 
 •Mr Porteo,.ho sa.d " I shall notbesitat. one io«tanf to suspeni 
 you —Mr. Po.teou8 who until this mo.nent had remained near 
 fhi box where the witness was, resumed his place on the Advocaiei 
 «Mt, and addressed himself to the Court in a ^ery resp* ctli.l manner 
 111 a x.o cairn. tone and preserving great ^a>'.g irotd saving « uiav it 
 please thr Court. I am but a young man, I have but v.Vy rece/.tlr 
 th<.sen this honovable profe,siou"_/\ud as he was about to con- 
 tinue the ju.lge immediately stopped h.m and, addressiuff Mr Por- 
 
 J:i"»^A""r'/'*''* " ^'y'' '^"'^ '"*^'"'*' *« ^^ observed"' and ad- 
 , .?"■• *^"*'°"« proceed" Mr. Porteous addressing the C^ourt 
 aai.l, " I wish to proceed" The Judge then ordered the Clerk Vlr 
 Levesque to enter upon the Register that the Defi-ndant not choos- 
 ing to proceed to his proof, he put the cause w<^.',^<frr About an 
 
 hourafterwardsoneofthewit..e.Msst.mmoned in (hat cause addressed 
 the C ourt ta be taxed-1 he Judge then made this reflexion - what 
 a thing It ,8 to make witnesses attend without examining them, to 
 make them loose their time" and addressing Mr PoFteous he 
 said " Here is o.ie of your wifnesses who waals to be taxed " Mr 
 Porn OMS answered the Judge, saying, " as the Court has not 
 . hosen to al nw nie to pro.^ed in their cause I can do nothing la 
 that matter I he Judge then very much irritated and in a tone 
 of anger said to .Mr Porteo... '« what you say is false It is a 
 falsehood, and I do not hesitate to say, here in full Court, and 
 m the fate ut the PubJic which heaw me, that you have just ut- 
 
 ' tcred 
 
 • <■ 
 
 m 
 
 A 
 
 i 
 
 1 
 
 m 
 
 li 
 
 i 
 
 ii 
 11 
 
 Mi .: 
 
 it 
 
 ¥1 
 
 1 . 
 
 

 ii ' 
 
 I ■ 'I, 
 
 78 
 
 « *"^;^"^=''»''|"od; Tnovrrrrfn.e<li(tf>.'rontftprorpedinthi«r»i.i,r I 
 
 shall never allow n.v.df(.,ho re«trrtH.«d i.. Um wav..., .lu- a.l.ni.m- 
 
 tral.on of jn8 ,ce. Ih.; ou.f .Ml.cted u... to ,,ro. .v d but vo., did 
 
 not .-hose to do «o." Mr Port.oM. (lu-n iv,»li„d " f never re 
 
 •' fused to proceed iii this cansc and I tiko I., wnmgs (he wh.»U 
 
 " IW if it ho not fh<. cane •• Th. J .d^^e uu.ued.Uelv ^Jd " V 
 
 ;- Portcou« I shall out take th. Bar a. ,hnlg.; t„, ,uv part.' I know 
 
 the powers and auth..nty with whieh i aui ve.sfed I knc 
 
 ;; and .fjuyco.ui ,ctheto he au.u.uh.r^ed upo:; iHtC^^^ 
 deeuml proper be fakeu .ml I .hall be ready ,« answer.'" O. 
 the lollovvu.g. daydndfTC Foucnm in .ende.in^. Jndpneut in the 
 
 Q.-Did Tiottlie Advocates meet atter that business and vvliat 
 occurred at lliat nieetmo- ? ^ 
 
 A.-Upon the day precediug or tlie very day of ihe rcnderinir 
 ollhe Jud^uient m Iho C«u«e, Mr. Porteous rt>c,u.-sted ,nf 
 to go t<, Ins Ilo,i8e, m order to give him a correct detail of 
 what lim passed to my kno^vled^ro upon that matter— lJavi.,.r 
 goi.e (.i,t KM- 1 there met several of ,uy confreres with whom 
 Ipioceeded to make tue recdal and give the iniormulion I 
 
 Itave 
 
 I. \ 
 
 ^ ■'< 
 
 4i 
 
 ^•^ 
 
nr 
 
 jinvf. just ffiven to this Committee accordinff to our know 
 
 Q._-^Va^ there not another oc were there not other meeting 
 111 thai buiiaU and what vvoio the iUrtaer procucvlin^'-j I 
 
 A.-^Mr. l',».lo()us fediiio; himself ill treated and injured by the 
 cenou.t ol Judf.e Fouchku towards him, and h.lcndina- to 
 take stops a-ainst the ^aid Jud^re Fouchkh, asked me uer- 
 lii.jH Uv.ee, more or less, to go to his llousoto^ive inlbrina- 
 tiun U) 1,'ie |<(r-(ms he \\ishcd to interest in his cause; andliav- 
 ini?: ^(.ue thiliicr, I there again met some of my confreres 
 who were prescM.t in anut wlien that alKiir liappened- Mr 
 Foiteous then intcndino- to apply to the House ofAssembiv 
 to euinplam of the conduct of J utige Folcher. 
 
 Q.— fJad not Mr.. Porteous as extensive Practice as it isusnal 
 for^(. yonn/.- an Advocate as he then was, to have, and was 
 not his convli;ct in all points respectable and honorable ^ 
 
 A. — Yes, certainly.. 
 
 Q.__\V|,atin.prrssiondld the behaviour of Judge FouciiERthen 
 make on tiie Gentlemen of the Bar llien present ? 
 
 A.— It appeared to me acrording to the conversation, I then had 
 vnUi Hh(.tU ItMi «>f uiy CV;/(/)-emiipon tl.e .-iJfject that they 
 dioappioved the proceedings of Juuge liouciii-m. 
 
 I, i 
 
 I 
 
 Hi 
 
 i 
 
irr 
 
 80 
 
 Q.— T^not Mr.Porteous of a very respectable family in the 
 District of Monti eai ? ^ 
 
 A.— -Yes, of one of the most respectable. 
 
 Q.— Ta he not a young man of good morals aiid irreproachable 
 conduct ? 
 
 A. — Yes, 
 
 Q.---Haye you a knowledge of a certain c^nse of Daillebout vs 
 Duchesnois, and Duchesnois plaintiff en garanlie ax-ainst 
 Thomas Coffin defendant ewg-amii/e, instituted in the supe- 
 rior term of the Court of King's Bench for the District of 
 Montreal : and at what time ? 
 
 \.— Yes, I was concemefd in that cause as Attorney for Mr 
 Duchesnois ; Mr. La Croix was Attorney for Mr. Daillebout 
 and Mk'. Beaubien Attorney for Mr. (Coffin— tliat cause was 
 entered on the 10th of February, 1814. 
 
 Q.— Is nol the seat you occupy at the Bar of Montreal near that 
 occupied by Mr. La Croix and have you not an opportunitv 
 ot semg tlie papers laying on his table ? ' 
 
 A.--In the Inferior Terms, the seat I occupy at the Bar is be- 
 hmd that occupied by Mr, La Croix, so that it is easy for me 
 to see the papers which Mr. La Croix may have before him. 
 
 ^.—Have you not seen in Court in the possession of Mr La 
 ivroix a paper marked Daillebout vs, Duchesnois, and* the 
 
 words 
 
 
 ^^ 
 
 
the 
 
 9% 
 
 word^ actio negothrum gestorum- written by Juda-e Fouchek 
 and when ? o ' 
 
 A.— On theieih of ApriJ 1814. That cause having been fix- 
 ed on that day for hearing on exceptions, and the argument 
 having been had, I went to return it to Mr. Levesque the 
 I'rothonotary ; Mr. Justice Foucher who was then setting: 
 asked tor the papers in that cause, and I saw him put them 
 nito his coat pocket and upon returning to take my seat one 
 o^myComfi'cres led me to direct my eyes to the paper be- 
 louning to Mr. La Croix^, and which lay on his tablef Mr 
 La Croix not being at that instant hi his place, I perceived 
 the docket of a paper which I then supposed both from its 
 form and the manner in which it was folded, tG»)ethe Dr.iu<»ht 
 of a declaration, as usually prepared by the Advocates upon 
 which paper were written the names of " Pierre Ignace Dail- 
 lebout plaintiff against Etienne Duchesnois defendant" the 
 word « Declaration" as well as those « actio negotiornm o-es- 
 tonim'' andthewhole was the hand writing of the Honora- 
 ble Judge FoucHER. 
 
 Q.— Was it the red paper marked C now shewn to you ? 
 
 A.— No ; to the best of my knowledge the paper I have spoken 
 of, was coimaonwiiite paper. 
 
 til . , ; 
 
 Q.— When you so saw that paper v/nich appear^ to you to be 
 a Draught ot a declaratign ii Ujc said cause in the possession 
 of Mr, La Croix did it not excite your surprise, as well as 
 among your Confreres, and what were tiie remarks or obser- 
 vations) then made in that behalf? 
 
 ^ About 
 
 1 ^ 
 
 ^ 
 
 % 
 
 ! iJ 
 
 % 
 
'^»^pwp«^»»^i" 
 
 P"l" 
 
 ^mm 
 
 m 
 
 m 
 
 m . i 
 
 8l^ 
 
 X.— Afet fiv^or six of my(^)w/7'e7^sM'ho^aw that paper as well 
 as 1 did, testified to me great surprise. As to inyHeit"\viio was 
 nitrusted in tile cause as Attorney for Mr. Uucliesnois, the 
 fii^ht of that paper excited not only my surprise but my indi<j--, 
 nation, and made me say at the time, tliat it was unfortunate 
 to be judged before being heard. 
 
 ■f !T 
 
 •l,P, ,'k: 
 
 Q.— l)o you recollect that that cause was finally pleaded on the 
 merits and wlien ; and whether Judge Fouchkii were tlicn 
 present.'' 
 
 A.—Thal pleading took place on the 18th of October, 18U, 
 Judge FoLiciiEii was not ttiere, for with the exception of tiio 
 2 or :3 first days of the term, lie did not sit, being sick. 
 
 Q,— Was lliat cause finally adjudged, and in whose favor was 
 the judgment pronounced ? 
 
 A»— The final judgment was not pronounced on the last day of 
 the tcriu, t!ie 20th of October, 1814, because then ti.e Judges 
 lold the parties concerned that they had not examined the pro. 
 ceediiigH as in many other causes, and engaged the Advocates 
 to sign consents authorising the Judges to render Judo-n»ent 
 in vacation, and tlie entering in the register of tlie said Jud<-- 
 n.entsas of the last day of term. T!ie Advocates concerned ni 
 that cause ill consequence signed a consent to that effect, and 
 the judguK^Mt wasgiven to the I'rothoiiotary iii December fol- 
 hnving. ^Fliat J udgihent was, for the Plaintift'and dismissed 
 tlie action en garuntie against Mr. Coflin. 
 
 In 
 
 # 
 
8^ 
 
 Q.— In t!ie vacatiqn aCljer that terra were yoij, not a^ Jthe.Qffie^ 
 
 witii Ml-, .fo^opii Bo;lai\l one day when Judge Foucheii sent 
 
 ■^^'fortheiiecoidm.iUM-C4Use> awjd -what pass04 on that' ocQ^t 
 
 Vf 
 
 'V t': 
 
 I 
 
 A. — Some time after the term of October in the said yeztr, being 
 in coavernation with Mr. Joseph Bed«,rd in the bffice of ithe 
 ProtlioiiotarioKofthe Court of King's Bench, I sjavv Mr. Jo- 
 seph Mathou address Mr. Levesque t!ie Proth(w<)tary, saying 
 that Judge Voucher wanted the proceedings in tlie caiLse of 
 Dailit'bout a^-aiust Uuchesnois. Tliat appplication having 
 
 • surprised nie (inasnuich as the Hon. Judge Kolciieii had not 
 assisted at tl le ti rgument which had occurred oti the 1 8th of 
 (October preceding) occasioned uiy saying to Mr. Levesrpic 
 that the proceedings ought not to be sent to Judgfe Fouch;-:r, 
 conceiving that lie ought not to participate in the deUbcre on 
 
 , tl^is ('ause inasnuich as he was unacquainted with tlie argu- 
 ments used on the said day (18th October lb 14). Mr. Le- 
 vcsque answered that he must send the papers since the Judge 
 asked tor theai. And thereupon Mr. Levesque gave them to 
 IMr. Mathons.. 
 
 In 
 
 Q. — Have you seen at tlie office and when, the Draught of a final 
 judgment in tiiat cause among the papers forming the Re- 
 cord r 
 
 A. — Upon tlie day in which the judgment M'-as given to the 
 Prothonotary to be entered 1 saw the said Drau^lit of the 
 judgment. 
 
 LS^ 
 
 Was. 
 
 Hi 
 
 lil 
 
~j 
 
 \ 
 
 84 
 
 0;— "VVas it in Judge Foucher's hand writino- ? ; 
 
 "^'rJ^n'"!.''." .***'" ^'^"^^* ofthejudgment but once, on the 
 day on which it was given to the Prothonotary the impression 
 i received and retain, is that it was written^ jXTou- 
 cher: i am not however as certain that it was the haSd writ- 
 iDg of Judge FoucHER, as I am of the; three. Drauffhts «f the 
 first interlocutoiy judgments whicli had previously been ren! 
 
 titXl^^''^ ^'' ^'^^' ' '''-' ^^^" ^^"- -^^ 
 
 Q.-During the pendency of the suit and after having seen the 
 paper which ap,3ears to you to be the DrauMu o tht declara 
 ion m that cause, did you not communicate to you clfent Mr" 
 Duchesuois your apprehensions that he might Lse Wssuit? 
 
 A.—In the course oftlie eight days following the day of the ar- 
 gumenton the exceptions which was tlie 16th ofApr 18M 
 andtliejudgment rendered on the 1 8th of the same month 
 
 ,. iiavuig had occasion to see my client Mr. Duchesnois iTnn' 
 ceivecfit my duty to acquaint him that I had see X* ' ^ne; 
 previously described w.th the circumstances at endino ifa^nd 
 at the same time added that he ought to desoair of fhe «" 
 cessofh^s cause. In the course of it I have oS had oc^- 
 sion to s.^^ him and especially after the renderingof the S 
 judgment, I agair. acquainted him with the lasf circuLtln 
 ceswh.chh. lowed the argument of the 1 8th of Octob "^^^^^^ 
 mK\ which I ha ve detailed above. I a so c ncelved it mv^^^^^ 
 ty to acquaint him, that he had a rigiii to uZZl Lm the 
 judgment to a superior C curt v. Jiich if tiie Cou&p^Tist 
 
 . ^ this 
 
85 
 
 thiscountry, an^ even that he had a right to address the House 
 
 Q.-Did Mr. Duchesnois to your knowledge as his Attorney 
 t?e^lfttho?I T ^«"d«red on 
 
 on tifi«?h ni'n'/K^^' .^rJ'^'" *'^"^"^* j"^«»^«^ rendered 
 on the 18th of Octoberof the same year ? 
 
 A.— Although I advised him to do so, he did not do it. 
 
 Q.—Did Mr. Duchesnois to your linowledge pay the amount of 
 the judgment and costs rendered against him ? 
 
 A«— -Yes, he paid it about the middle of January, 18' 5. 
 The Committee adjourned to the hour of 4 in the aflemoon. 
 
 P, 
 
 4 o'clock Aftemoon. 
 
 RESENT,mcssieurs Ogden, Sherwood, Tuschereau, Low- 
 guedoc and Panel. ^ ^^ 
 
 Mr. Og-d€w called to the Chair. ' ' 
 
 Examination of F}]x.' Benderi of Montreal, Enquire, 
 
 . ' . Advocate. 
 
 ^M^r ^?? ^°* ^^^ °^*^*^ Advocates practising at the Bar of 
 
 t. 
 
 Yes. 
 
 .{., 
 
 "f 
 
 i;il 
 
./ 
 
 86 
 
 A. — Y<^s, 
 
 Q.— ;-^^ave yon aknowler^^e of a Crit'iee inslitiitcd in the Court 
 of King's Bench at Montreal in t'le Inferior TeiMi, \vherf'ia 
 
 Loqii GiJ3ault vv'as Plauitiff and Jy^L^ajiii^^j^olJ^iei wi^ cuU- 
 
 ed Namur was Defendant and when?. ' 
 
 1 •. 'i ■ > i ''ill 'M J I, . . :. '..rc. 
 
 A.— t hcTTe a knnWletf^o of that CfluW 1 Wris the PtiiiitTfrs 
 Attorney, I inslifnted it in the term of Noveniber 1815 and 
 obtained Jndgment in the Piaiutitf s favor on tiie 30Ui of Um? 
 same month. 
 
 Q. — Who wastlife Defendants Attorney ? 
 
 A. — Mr. Pirtcus. 
 
 Q. — AVas the cause called in the usual manner? 
 
 A. — Yes, and Jud^-e i^aucHEii was then sittino*. 
 
 Relate to the Committee the circuniHtanccs of that cause. 
 
 A.— After having proceedi?d to the hearing oftlie Plaintiff's 
 ^llneHscs, the,. Judge asked Mr. Porteous whether he had 
 any wjtriesses to examine. His Answer vva*^ in the Afiirma- 
 tive, and he iimnediately produced two or three witnesses, and 
 having caused tiiem to be sworn, he asked one of them, 
 w-hvse-name 1 dp^iot know, whether he knew the Parties 
 in tHat cause. Ju(!ge Folcher then told the witness not to 
 answer that Question, and addressing Mr. Porteous, he 
 asked Mim wljy he.put so useless a (^iueslion, and wliich 
 according- to him was absurd. Mr. iorteous then answered 
 
 the 
 
X 
 
 the 
 
 Vie .TiKl«re'"«'1th the respect d\^ to him, that he C(>n«?idei*ed 
 that Question as imporfaiit to hn ca ise an i s.) much the 
 nriore so as iMIje witness "ihouia Hav he did not know the par- 
 ties his Deposition became useless. The Judge then or- 
 dered Mr. Porteoustobe silent, adding t. it the Question 
 was truly absurd, anrl t'lat there was "Stupidity in putting it 
 addhig, " Proceed Mr. Porteous." Tiie latter again put the 
 Question, the Juflge then toUi him in a tone oi irritation to hold 
 hi« -Tongue, and that he should not hesitate a sin^rle instant 
 tosU8j)eiHl him, to which Mr. Porteous replied, «°liut, may 
 it please the Court.— "Tiic Judge then addressed tiie Cryer 
 enjoining hirti to cau^^e silence to be observed, and asked the 
 Protlionotary lorPjjper saying to iii-n " write,— I shall not he- 
 «* sitate a single instatjf to suspend Mr. Porteous," Mr. 
 Porteous wfio was near the witness removed horn him and 
 went to his seat. The Jnd-;e tiien said to Mr. Porteous, 
 *' proceed Mr. Porteous," the latter said that he wished to 
 proceed ; but was prevented by the Judge. Upon whicli 
 the Judge oiiiered the l-rothonotarylo enter on the Plunutif 
 lliat since the Celendant woidd not proceeil, he took the cau- 
 s-e en del'htrc. Some minutes atlerwards one of the Uefen- 
 clant's witnesses requested the Judge to tax him an allowan -e. 
 I'he Judge said in a loud voice, Cshmggjng his shoulders,) 
 " This is the result oi'maldng witnesses attend tor uotliino," 
 and said to Mr. Porteous. "" IkM-e is one of your vvithes- 
 ses reqtiesting to be tax( 1," Mr. Porteous answered, 
 V'our Honour noMiavJng<;hosen to aiiow ma to proceed, 
 the tauit is not mine." Tiie Judge in a tone of the 
 utuiost iuilatiou, said '* Your asbeiliou is ialse, it is a mer^ 
 
 falsehood. 
 
 ti 
 
 (C 
 

 « t; 
 
 i( 
 
 88 
 
 falsehood, an.1 f so declare publicly.- I never refused to 
 hear your witnesses ; but I wll never allowTf S th 
 restmined in the Ad.ninistration of Justtce I sevemTt m™ 
 told you to proceed and you constontly reS ,o to 
 do MP. Porteons replied, " I never refuLd to pToce^, ° 
 "Ins cause, and I call to witness of this, the wfoTe bL'" 
 The Judge .mmediately said, « I shell not take the Bar L 
 J..dse. For „,y part I kuow the powers wiU, which I am 
 invested; I know the duly I have to fiilKI .,«,], ^h,i 
 the King and to the Public I Lve no accouM f/ "''' '" 
 ; nctto re,Kler to any one but n,yS I amTeXS"' 
 tive of my Sovereign, ancj I do not hesitate to sa"afoidr ' ," 
 upon tlus Bench I »,„ q,„re tl«i„ the King himseh • fo' 
 His Major^ij come- iy Trib.mal and submits toV, J i 
 nsdicfon to be jucL , a'nd if there be n.om for an ," 1^" 
 s.on upon my conduct, let any steps that nuiy be o m e „e 
 
 D^endant^topayto the PUdntiff, ^^1!^ ^^^'Jl^ 
 
 ^*Jn^" the following day what did the Judge say in r,rono«n 
 . cmg ^e Judgment ? ® ^ i-Tououn- 
 
 (( 
 
 (( 
 
 (( 
 
 Yes. 
 
 IJ 
 
 i 
 
 %» 
 
do 
 
 
 
 A.— Eftch expressefl Iiis indignation ajwl tt)ok m)t^r in writing of 
 what had passod in Court relative to Mr. Porteous. 
 
 if^.j^Wasaiiy olher Judge ther setting? ir. ; - 
 
 A. — I do not recollect. :?4.fi j.* , 
 
 Q. — Did Mr. Porteous also take notce ? i > 
 
 A. — We took notes in comnjpn with several other geotletneu of the 
 
 B 
 
 ar. 
 
 lU 
 
 Q— Have you a knowloclge of a cause instituted in thfc inferior term 
 . olthc Ciuiit of King's Bci.ch of MonlrtuI wherein isnsanne Lahaie 
 Avidow of Jacques l^iberson, was plaintill" and Louis Cpusineau de- 
 fendant^ and >v hen ? i «r 
 
 it I. . . ■- 1 ' > 
 
 
 A.— Yey, I was the plaintiff's Attorney. The cause was initituttd in 
 the teini of Set^tember, lSi3. -^ • «- . , n .» p • , 
 
 Q. — Who was the defendant's Attorney ? 
 
 A— Mr Joseph Bedar j. ' > ;. 
 
 Q —Relate to the Committee what happened in that ca^use from he- 
 ginning to end. . » ' ''^ 
 
 A.— Mr. Juatice FoucHER having heard the parties, aiid^put that 
 
 M cause 
 
 M 
 
m 
 
 ctute « mbHmtui on Ihe Bench on tlie 28th May 1814 and fh*'. 
 «.id there tondemi.cd ihe »id La,,,, t o,.»i„.a,i the dtfe„da,.t iQ 
 
 fci.ned ^lk,„t,«f the lutnof rfS. curreney. fi.rthcr conrtem.mur bia 
 to pay Ihecctsof iheactiun a. is more fully exp|«M.ed in the copr 
 ot the judgment which I produce to the I ominittee •iiriied l,v \\L 
 haml^**^*'^' •"<* i« ^ wmtwi in the i^i^^ij^ iu Judge Folcheb'J 
 
 OiitheSNtorS^of JnnefolWing. I went to the office to carrv 
 tfiejMtlgmei.t,ntoexec,.ti,»n, and as it has been usual since Judse 
 FoucHtR has sat lu the District of Montreal to recopv the PtumtiF 
 upon which the j.ulgmeiWs aro in the first instance entered, and thX 
 upon a register kept for that purp,)se. I tnr,.ed over th.. said reci^tef 
 in order to fiud the before mpi.tioned jndgaient. I then perceived 
 thai with i\^6 exception offhe title <.f the canne and of theie words 
 nieCourt^hanrig heard Joseph Paymant the expm named in 
 lhi9ca,,8e the renuiinde^ofthe said judgment had been entirely 
 erased as With a Penknife, and I therein found the interlocutorv 
 judginent^lfh^ch had beeq su^jsti tilted, and which I now produce 
 and wh.ch « ,1. the hand writing of Joseph Mathons one of the 
 clerks of the Prothonotaries who usually keeps that register + I then 
 examiiifd the plumitif to sf e whether the Judgment I have first nro^ 
 diiced had not been alsoefl'aced^notbeing so, 1 asked for a copy of it 
 >wh,ch was delivered to meand certified by one of the Prothonotaries' 
 Iwoorthreedaysafterwardslinet Judge Foucher at the office and 
 cxprei^sedt..hin)my surprise at the alteration in question The jlidffe 
 then caused the register to be brought to him, saying tome that he 
 «l!dnot recollect thecause,a,id after haviugexamined the entry whicb 
 
 * For tfiii paper see note Hat the efid of this report. 
 ^ For fhis papei' see note I at tlie end of this report, 
 
 had 
 
'fc«v.ngb^e.iiake,i out before th^ .ntr^ of that .ut.rlocutnry n.,^/ 
 copy «t th. sa.d juUg.nent.u wa. i.. the power of the 7Jdl t« r -e 
 »nd amend hi« judgment upon perceiving that he bad fall?n nl IT 
 ror. ^hereupon, -bserved tah'in, that a copy of that^^^^^^^ 
 been taken o.,t. and that the go doing had placed the Sp^ i" 
 ' f/y ;i'P'-sant ,u..at.on. The Jnd|e a-keTto .ee the' /a ,' co"pv 
 of the.,udgu.eat and upon my teHipg him I had it not rn ,1 ttT. 
 •CHsu, h. answered th.t he would not tbns be stopped in hi f^e 
 cut.0.. of h,« duty. Finding my.elf now und.r iheTce Lity of car-' 
 ry.ng,ntoex.cnru,nthi8 interlorntory. I canned pcoc^S^lr^^ 
 taken ,n obed.cnce thereto, whi h I returned in Coupon the liitb 
 of Scp^ ,ber of the same year , foresaid and returned the .ami to 
 J.ulge h O.CHER who on that d.y was upon the Bench : and then 
 andlherelhe sai, Ij^ Fo.cher diJissed the plaintiff" action 
 copy ofwh.chjudgment [ now produce and wh.cb Ju^ Fo«cr; 
 himself pronounced in Court. * -"u^c roucjiEK, 
 
 why he had made erasures on the reguter and what did he ^oby!^1 
 A.— He told me he had dune so byorder of Judge Fou^her, 
 ^'^!I;V^' """"'^ ""^ importance to the plaintiff, with rcpecito Ui 
 
 ihff f ^ uT IV. '* f«'**«^ <« a garden belonging to the nFain- 
 fen/ ^K .'*'/'*'m'''* '?" ""^ during her lifetime, of whit^the 7- 
 fend.ui had forc.bly taken possesaion an<l of the use of which »hl 
 had been deprived. That the plamtiff bad given her property to I^ 
 
 ♦ Fortfus paper see note K at the end of this report: 
 
 'i 
 
 M 2 
 
 dofendant^ 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 // 
 
 %// 
 
 ^ **%£>. 
 
 fe. 
 
 
 ,^ ^0 
 
 ^. 
 
 A 
 
 t/. 
 
 rf> 
 
 
 1.0 
 
 I.I 
 
 
 |l'25 II 1.4 
 
 1.6 
 
 il 1 !-._ 
 
 Sciences 
 Corooration 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 ^ 
 
 H^^ m 
 
 i\ 
 
 \\ 
 
 
 ^^^ 
 
 ^ 
 
 ^ 
 
 -%^ 
 
 ^-^>».^ 
 

 u.. 
 
 & 
 
m^'mm^^ 
 
 ji «'?:C«f??l'^nJf<*8W^fl|Xqn|y,*he ijse ofthf.&aia garden,, <^ ^on^iliofi of 
 £ /etTl\,ii>g*J(;ut,;lU(^ aniwlty buuig uuabfu ^o uiuHage them at her 
 
 •^ rT^'?^ • r?!"""^^ *''^''^*y' J^^.^^'^®*^^* ^ ^'•^"f • * Relieve iiowcior it'was 
 
 d(.'i ILJ ill. tn/ 1.:> .'£ V ■ n^] .7 I '' j.f r- .v> >l^;:« ? 
 <^)?-— >» no,ycf,^lhe Advpcatfs employed in that c^ijte ? 
 
 
 ^•p^r^y#"'V'(9'" I>';'>'"P<ai' U Croix \^^f thq plniuifTs Attorney Mr 
 JL Imn^ym'--} Xifft-T <-n^t uaiie deiciulaiit as.d Mi: iJeaubie.i that of 
 Mr. Coffin. , 
 
 ,p.-*rHHYe yoii not seen in^^purt anc) io possjjssion of Mr. La Cmir 
 . 5* P^M^Rft iV';^'%^ Daiilebout w 'Ouiliesn'^is and the words actio 
 it gouorimghtoi urn w I htenhy Judge Foucher a<ui when ? 
 
 A.— The sonl I octupy in Court bcnrsff \ cry near <haf of Mr La 
 Ctou 4 Jvi<il'..«tTa(jioa. on Qxi- day on >vhi, h thd canse was ar^u. d 
 (ivir La troix haMngU;t his- piucrio approach the P.-athoiTota. 
 ry to rrocure the Hetord ir. Iluit cansc) to look before me and 
 . perceiving upo^n the t»hJe„:.t lb.|. pliwje where !\J,r. La Croix usual- 
 ,,, U puts his p:i|.ers, ,a ^^b.-^-t of p^ajur opei^i and as it occupied some 
 J,,, si>ac,},,^castn.yr.^o^, ,,po.^ the sh^et which was wholly iu the 
 ».i ''^»'vf^';'*^^'?^'^,'^V^tif/^ucHLii with ^hi(h lam pern^/tly ar- 
 quainteU. i ,.a,d paitifnlar attention to its er.ntents, and I percei- 
 ved th^tj^ wasa Vec^iar^itiou dniwu i„ (hat cause by Judge l^ou- 
 
 I- ■ ^ - % 
 
 fiishor^l b 
 
 S i'- 
 
 CHER. 
 
\, 
 
 93 
 
 CHER. Mr. Tlourret, Advocate bning near roe, I pointed it out 
 to him. Mr. jL* Cioi < ;«Uirned to his seat a inomoot aftiTwurds 
 and folded ^i.. .I.i t r «et «. paper. Upon the back wereaU.) written 
 ill Jiid^e FotjCHJiii o .:a4:J ihe words Daillebout vi Duche-suois. 
 Some inmiites afterwards Mr. LaCrou thei sitting in his place ao-iiii 
 opi'oed that shce^^i pj.per holding it close to him that ^t mtght 
 not be seen, and T a^idu had an opporJunity of ascertaining that it 
 Wis the hajul writing of Judge Foucher. Judge Foucher was 
 tht!u uu the Beuch. 
 
 Friday, \it/i February, 1817. f 
 
 RESENT Messieurs Ogden, Taschereau, Sherwood, M'Cord 
 a.id Panet. 
 
 Mr. Ogden iii the Chair„ 
 
 Continuation of the Examination of F. X. Bender, Esquire. 
 
 Q — Was the Paper which yon saw before Mr. La Croix as the :je- 
 claralion ui die caiise of Daillebout vs Duchesnois, common wbite 
 paper or was it red ? 
 
 A It was common v»hite piper. 
 
 Q.— Did the inside of th U paper which you so saw con<ain Instruc- 
 tions in the cause, or was it the Declaration itself m the cause ? 
 
 A,— Not having road it, 1 cannot say wlu-thcr it contained Instruc- 
 tion,: but it then appeared to me a.id 1 siill sincerely believe that it 
 was the Dcclaratioa iii ihe said caus6. - 
 
 : ' . ' '- -*^** baijoi);^ uu ■ 
 
 > Have 
 
 -^^"^ ^.-^ 
 
E:?W!W|f-8lpt-l 
 
 y.:^mKm 
 
 „_»«" 
 
 *■ ' . . ■ 
 
 A.-To the best of my knowledge I saw the word* written in Jarffe 
 Characters which usually form th. beginning of the conclu ions ff 
 Declarations " wherefore the Defendant prays." ^**"«'"»»""8 of 
 
 iQ -Did you see on the inside of that paper the title of the caus^ ? 
 
 ^'"^^^ ^/* i* ?'"'* returned to his plate a« I have alrcadv 
 sa.d, Mr LaCroi, took the paper (whici was a sheetof .Z 
 cap completely open ) and on his closing the paper, I per e, vl a 
 he begummg of .Is contents these w<,rds " oS-llebout imaZur v! 
 " Duchesno.sjfe/.flrf.«r" and then on again foMmg the pa^r Inr 
 I saw on ,(s baek the same wordsfand the Shole^Xn e 
 
 bandwrUmg of Judge Foucher. That a.ldcd to o.her w' rd« «. ch 
 as those at the head of paragraphs, and oth.r words usual, whic h I 
 perceived. „ the body of that paper led me to believe, asldo . ,i| 
 believe, that it was the declaration in the said cause. 
 
 Q.Wheo you saw Mr La Croix open that paper a second time did 
 you again observe thelitle of the cause at the head of the .IZ ad 
 the usual beginning of a declaration ? *^^ ^ 
 
 collect having seen the rest, for at that »ecoiid timi. Mr r n 
 instantly folded the said sheet and sofonS w^ ^Jf f^ ^1^ 
 the declaration in the cause itself, that I immediately men onedf 
 tosuch of my.o„/«.« aswere near me, e.pressingm; TnTsZon 
 
 <J.— What gentlemen did you thus address ? 
 
 ^'71^'; Bo«rret was one of them, Mr. Michel Vieer the other ^nA 
 l^V. ^''' """'^'"' '''' ^'- ^«**»^'- forthryenLl^^^^^^^^^ 
 
 Continuation 
 
 y^m^- 
 
aft 
 
 'J 
 
 CotUimuaicn qflht Examination ofJaeph Ma^m9. 
 
 ^ n •?• T . P''" ^!? y**" ^^^'P""'* *^« Record in that cauie nf 
 Da.llebr>ut «g*,n.t D„ehe,„c>i.. „ ^.u a, the othTr rJLSi Tfter 
 you had gone to Judge Foucher's for then. ? "*^ 
 
 A.-.I delivered them all to Mr. Levesqoe who I believe put them ia 
 the box in whu h are usually placed the Records of the cause" n 
 which judgmenta have been rendered . 
 
 Q-— After having received the siimtnons to appear before thii Ta* 
 
 ;;veto%t^;-"7^rr*'"'"'*»^ M?.''jT.titXeH^^^^^^ 
 t. ve to tfa.8 subject, and what was the nature of that conversation ? 
 
 A.— Yes, about two days afterwards I went to his house to see him 
 as I occasionally do ; I told hin. I was going down to Quebe^. h" 
 
 Thr* n*^' H *"*i*^1^ *." "^ ^^^^-^ «n«vvered that I did not know 
 What questions might be put to me. He said " doubtless they wTl 
 
 - speak to you of the aftair of Mr. Daillebout, and what Low- 
 ■" ''.'^e can you have of that cause?"I told him ihli 1 Ztk *i 
 
 'cohcctcd ttiaihe had asked me tor the RttJ^t ^hlt cJ « ^^^^^^^^^^^^^^ 
 
 *^a"l^d L'""h '''' ''''' "* ""^''^ '^' ^^^^ House tenter^S 
 
 - rnrH It 41, ?"" t^" ^"" "^**'^*^ Particularly recollect that Rel 
 ?.?rl **""' T^"'^*"'"^" having known Mr. Dailleboutf 
 for many years ard knowing that he lived at your house, I r^ 
 
 "marked or paid attention to thateause;" and lie put The sa^ 
 question to nre several times that e. ening. " Well said he tell Tit 
 " vou know of ,t, a,.d tell the trulh,^that is what I wait " H. 
 
 - wn..M i ^''^^V«"'> ^''^ ^'^ Suspended. The damned HotwJ 
 would do much better to mind the public business than this." 
 
 tftt register of the inferior term, according to the plumitif ? 
 
 la 
 
rPT 
 
 S6 
 
 A.— In miifJ. 1814, and iS15. it occupred 15t!avs, and 3 weeks it 
 now requires abuut 7 or 8 (lays. 
 
 The E.VAMiNATioN of Josepfi Matlions was adjourned. 
 The Committee then adjourned. 
 
 i.> 
 
 P 
 
 ■>',<{i 
 
 Saturday, \ 5th February, 1817. 
 
 ^.^ ^}^'^f^'^' ^^^^^^^^'^ OgAcu, Shcruood, Tasdiereau, 
 M'Cord and PaDet. ' 
 
 Mr. Ogden in the Chair. 
 
 ExAMiXATioN of Pierre Desautels, of the city of Montreal 
 
 Merchant. 
 
 ^T^^u'^A^?" rV^'V*1'" "'". '^^aj^sf^'s Court afKing'« Bench 
 fofthedistrictof Montreal several suits ? • 
 
 A —Yes, both in the superior and in Ihe inferior termsof the said Court. 
 
 Q -Had yon not among others the two causes following in one of 
 whu-h you were plaintitfagainst Pierre Le Due and the Jthcr aaainst 
 one Desroches ? &«nioi. 
 
 A.— Yes; and they were both decided in the superior termor thcsaid 
 Court. 
 
 Q.-Duringthose two suits, ' J yo,. not frequently occasion to so 
 to Mr. Justice J-oucHER., and what conversation had you wnh 
 nim respectuig those suits ? '' 
 
 In 
 
97 
 
 A*r~Tn the year 1815, I had two suite agamst one Pierre Le 
 Due and iiis wife which were comnieaced four years before in 
 superior term. In the inontii ot June of the same year 1815, 
 1 was one day passing before the door of Mr. Justice Fou- 
 CHER who then lived in the Quebec Suburbs when he called 
 me upon ssome business not at all relating to him as Judge, 
 and in the course of the conversation he said, to me,. " well,, 
 poor Desautels you have many suits in Court I see, you 
 are old, you must abandon all that, and plead no 
 longer ;," I said io him, " It is hard to lose my property — > 
 two Lots, which I purchase^ and built upon myself, 
 I have Uie Deeds of them and pay the Rents." He 
 answered, " you promised to sell that House as appears in 
 " your suit with Le Due, but you took out your writ impro- 
 perly, you ought not to have proceeded as you have done. 
 I fear much that you will lose ;■ — For my own part I had 
 a glimpse of the papers in the suit, I am not alone ; the 
 opinion of others will not perhaps be mine,"~ I said " To 
 lose or to win, is all the same to me, the matter has been 
 so long spun out." He said to me " it does not depend 
 on me : it is occasioned by the opposition, — speak to your 
 Advocate: hasten him," — 1 said " I have gone- so often to 
 him that I am tired of doing so." Mr. Bender, was my 
 Advocate. He said " see Mr. La Croix, take him if you 
 ** choose, or some other, perhaps he would hasten it more." 
 
 About Christmas last, after having obtained Judgment against 
 Auguste Desroches in the Superior Term of October last, 
 for about £60 I went to Judg« J'ovcher's to get him to 
 
 (( 
 
 
 (( 
 
 <f 
 
 t( 
 
 ft 
 
 t< 
 
 if 
 
 It 
 
 ft 
 
 it 
 
 it 
 
 I fl 
 
 f > 
 
 In 
 
 N: 
 
 sign 
 
 -mirzs^ir^fiffc::^^X 
 
 !t^«k^«._^j^""' 
 
n 
 
 ^im a petition te catwe to be seized sortie fumftiTre helnn«4«* 
 <o another pmon named Baptiste UcHrocS 1ml whT^^ 
 ;a leH«ee in ot)e of my houses: after havirigSed^^ 
 
 li 
 
 „ T.l'"".'" '" "set's-wry. ymi Imvo n Chrdh,,. Ho hiu « rl,V f 
 ; eilhtr to convoy away thfl t^mg, or to tav* »m E 
 * does not confcm you you vvill tn. ti.e G« "d* J rM,« ?„ 
 '« 11!^. "''%'?'■' ot the tiling,." Tim advice Hgr^,,wth 
 
 ' A,--No. ,. 
 
 '^fl*!t3r?'^?r' ff'i"^*^' ^^"^y^^retary-of the Province, triins. 
 knitted totlie Committee tAvo4.gmiiMs*ao«s iimrked L aid jir*t 
 
 The Committee adjourned. 
 '^ For f/^*e Papers see miesj. andM^ihe end oftJm Report. 
 
 Monday 
 
 -^*<-»**», 
 
V. h 
 
 99^ 
 
 I S ! 
 
 P 
 
 Monday^ \7th Fthrmry, 1817. 
 
 PxamuiaUon of Alexis Dourret ofthe City of Montreal Esquire. 
 
 ^'m^K "°' °"' °^""' ^^""^ t^'u^ia^ at the Bar of 
 A. — Yes, 
 
 ^'TT^'^Tc^^^ a knowtedge of a cause instituted in the Superior 
 Court of Kuig<. Bench at Montreal, wherein Pierre jLacI 
 DaiUebout was Plan.tiff against Etienne Duchesnofs Sn!- 
 datit, and Et.enne Duclie.nois Plaintiff en Garm^e 
 against Thomas Coffin Defendant enGarantie, andwhen?' 
 
 Q.— What Advocates were concerned in thai cause ? 
 
 ^'Z^!'\ \r ^'T "^^! ^^^ Plaintiff's Advocate, Mr. touift 
 
 Michel Viger that of the 1 defendant,, and Mi^. LW^f 
 
 • Advocate of the Defendant en Garautk ^^^^en, 
 
 Q.— Did you see in Court in possession of Mr. La Croix and 
 pendrngtimtcause, a paper maikedP.l.Daillehouti;* Etitm-^ 
 
 N.3.: 
 
 ■,.•*•, 
 
 t» 
 
 • • « • 4 
 
 
 t 
 ■? 
 
 r. 
 
 i 
 
 ' f 
 
 f:-| 
 
 li 
 
 .'rl 
 
 r' 
 
 — !— 
 
 
 n 
 
 i? 
 
 L 
 
100 
 
 He Buchesnois, hfid tlie words actio negotiorum geatorum 
 written in Judge Foucher's hand, and when ? 
 
 A. — 1 do not recollect when, but I recollect that upon a day 
 on which some proceedings were taken in that cause, I saw 
 in Court and at Mr. La Croix' place, a paper in which was 
 the Name of the aforesaid cause with the Latin words actio 
 negotiin-um gestorum written by Mr. Justice Fouciier. 
 
 Q.— Did you then or at any other time see the inside of that 
 Paper ? 
 
 A. — 1 saw at tlie same time or a few moments afterwards some 
 words on the inside of the said paper; they were in the liand wri- 
 ting of Judge Foucher; that happenod while Mr. I^ Croix 
 was holding the paper in his hand and reading it, I then paid 
 rather particular attention from liaving some minutes before 
 seen the title of the said paper, which had made some im- 
 pression upon me, and especially from being called on by 
 jVJr. Bender (the Advocate) then near me, to remark that 
 Mr. La Croix possessed a paper in the cause written by 
 Judge Foucher. ^ 
 
 Q. — VV^hat was that iPaper } 
 
 A.— I cannot exactly say what tljat paper was, but I then 
 thought, and I do so still, that it was a draught of the Decla- 
 ration in the before mentioned cause. 
 
 Q.— What led you to believe it to l^e the draught of the Decla- 
 ration in the said cause ? 
 
 The 
 
lot 
 
 A. — The reasons which led me to fluppose it to be the draught 
 of llie Declaration in the said cause are — First, the way in 
 wiiic!) the said paper was in-lorsed— having the names of 
 " Pierre Ignace Daiilebout, Uemandeur, centre Etienne Du- 
 •' cliesin)is, Uefendeur," and the nature of the Action descri« 
 bed by the latin words " actio negotiorum gegtorum" and se- 
 
 .. condlv because on seeing the inside of the said paper as I have 
 already said, the words I there remarked, were words of form 
 generally used in a Declaration. — I cannot recollect what the 
 words were in particular ; the inside of the said paper was 
 wholly in manuscript and tiie words 1 therein saw were in 
 Mr. FouciiEii's hand writing. 
 
 Q. — Did there appear to you to be other writing in that sheet 
 of Paper than ttiat of Mr. Justice Foucher r* 
 
 A.— I did iiot tremark any other ? 
 
 Q.— Was it the paper now shewn to you marked C P 
 
 A. — ^It was certainly not the papet now shewn to me marked C. 
 
 Q. — Xrie'tlie three Copies of Judgments now shewn to you 
 1^ marked H. I. K. true Copies extracted from the Register 
 
 of the Infe'-ior Terni of the Court of King's Bench of the 
 
 District of Montreal ? 
 
 A.— The two Copies of Judgments dated 28th May, 1814, 
 whereof one is an Interlocutory, and the other a final 
 Judgment, shewn to me, marked H. and I. are true Copies 
 extracted from the Registers and P/w»w^Jof ihesaid Court. 
 
 As 
 
 i) 
 
 A 
 
w 
 
 lot 
 
 1814, ttiia iinw Hhewn to me .nurked Iv I „ „ '^'^,*^^ 
 
 i^w entered! In U.0 iiegi.u^ or i'/.m/Zi/oru^^'S ( W^^ ■' 
 The CoKuiuttee a(lJouraed». 
 
 tim 
 
 ) ' 
 
 Tmitiaiy, ISth February, 1817; 
 
 Mr. Ojjrden in the Chair. - , . 
 
 ExaimnalipnpfSamueJ WmtwortI, Monk. E,,,,!^ " 
 
 A,— Yes.. . . '■ ■'■ ■ 
 
 I have 
 
 i^-r 
 
Lve 
 
 100 
 
 A.^lhnve'in mv poyemaa thp Ue^ifAm of the Toferior Term 
 oUw Haul i ^KW't lor tlie YcjttM 1S15 and I8lti, 
 
 Q.— Will you produce thei^to tlk« Committee for ite informa- 
 tion r _ "»«"«* 
 
 IJr. Vionk then laid the said Registers and Ptumi^ upon the 
 
 Tho ro.nn1nro then called Mr. Jo^nph Mathons ; and the 
 pH'istcrs ot tUo Inicrior Court of Kiurf'd Baucii lor tl»e 
 .l>iHinctof Montreal olthe year 1S16, for |:he entry of the 
 Ku'es Orders and JudgiuentHol'the said Court in the yeai 
 atoresaid, aino the Plumitifs containing the Rules, Orders 
 and JudfiimentHorthesaid Co'iri fpr the Term of Novem- 
 ber 18l.'i having been shewn to tlie said Joseph Mathons. 
 he was required by the Committee to point cmt thcjilaces in 
 iliose Registers aiKl Plumitifn in which alterali<ms ajid era- 
 sures had been made either by Mr. JusUce Jtoiiti^, wbf 
 |n*» orders and the particular cases. ' 
 
 Mr. Mathons then pointed out in tl»e said PlwmVf under dale 
 of 22d November 1816, an entry in the form ibllowiHg. 
 
 KO, 96, September, 1816. 
 
 Antoine Bombardier, , 
 
 vs. ' > 
 Albert Bombardier, et al. 
 
 The Plnintiff not proving any diligence, the Court dismisseg 
 lUtt Action with Costs. 
 
 Which 
 
 .7 ■ '■■ ~ 
 
 l«^ 
 
■'■-4( " J*-. 
 
 n 
 
 
 104 
 
 Wiich entry Mr. Mathons declared to be in the hand writmff 
 of Ant. Louis Levesque, Esquire, one of the Prothonot^ 
 riee of the said Court, and that the foregoing final Judsmeut 
 was pronounced in open Court. 
 
 VT' Mathons pointed out in the Register of the said Court 
 also under date of 22d November, 1816, the entiy of Uie 
 sdihe caiise in the form following : — oV? 
 
 - ;,, No. 96, September, 18ia. 
 
 Antoine Bombardier, otherwise called Labombarde, of Mont- 
 real. Yeoman. Plaintiff. 
 
 Albert Bombardier, otherwise called Labombarde Carpenter 
 Toussaint Bombardier otherwise called Labombarde of Mont- 
 real, wefaver,PiferreBombardierotherwisecailedLabombarde 
 Of St. Martm, Yeoman, as having espoused Susanne Bom- 
 
 ( hardier otherwise called Labombarde, and Jean Baptiste 
 Bombardier otherwise called Labombarde, and Josephte 
 Bombardier otherwise called Labombarde, widow of Fran- 
 <^ois B9(rrette of Montreal. 
 
 The Court heard the Plaintiff, and the Defendant Pierre 
 Bombardier upon the Report of the experts, C. A. V. 
 
 Mr. Mathons declared that the before mentioned final Judg- 
 ment is as the same is entered upon the said Plumitif, and 
 was to his knowledge entered upon the said llemaler m liie 
 course of the same Term of November, 1816, and that to 
 
 the 
 
W. Monk Esquire, one of the Prot!,or.>taries of the "1 
 Court That he knows that a few days afterTe said T^rrn 
 Mr. Justice Foucheh «ent for the aakl £^r aml^^^^^^^ 
 Ihesamewa. afterward, returned to the 0&, haW the 
 lina Judg-nient as herein hef(»re entered erased and Lat 
 ched out ; a«d that iu the place and stead of the said final 
 Judgment so emoted and scratclied out. the interlocutnr^ 
 Judgment which is thereto nub^tituted and S S^ thS 
 .ame appears entered on the said U^gkier, appeared thJreoS 
 written ui Judge FouaiKR's own hwid.w^itu^. 
 
 The Committee then adjourned. 
 
 the 
 
 Mr. Ogden in the Chair, 
 
 ^ZTL7^^r^ '"?"''• ^^''*' ^ thfe Day agate cal- 
 ledbefore the Committee, and the following QuSpuul 
 
 '^•~1?^ Committee desires that you lav before if »!«. Pfc, 
 m,fi and RegUters of U.e In^rior leS^^ toe ^uj^" 
 
 of 
 
r 
 
 o 
 
 
 IsKdfsTf ""^^^^^^^^^^ ^^ the years 
 
 A.— I do not think myself justifiable in sa doing— and I will 
 not do^. It was tlien intimated to Mr. Monk tliat he miL^it 
 withdraw. ° 
 
 The Committee then again called Mr.Monk, and tlie aforesaid 
 
 X^u'^V"* ^"''^®'' ^*^^'"S ^^^^ ^®*d to liim he was asked 
 wnether he persevered in his answer. 
 
 To which inquiry Mr. Monk answered " I do persist."' 
 And then he withdrew. 
 Whereupon it was 
 
 Ordered, That the Chairman do leave the Chair and report 
 the said circumstance to tiie House. 
 
 li 
 
 P, 
 
 Saturday, 22d February, 1^17. 
 
 ^?£5^T ^^ti^'"'^ ^Sden^ Gugy, Sherwood, Tasche^ 
 rem, M'Cord and Panel. 
 
 Mr. O^den in the Chair. ' 
 
 Examination of Benjaiiiin Beaubien of the City of Montreal, 
 
 Esquire. 
 
 ^'T^'^^y^^V^.^oneofthe Advocates practising at the Bar 
 at Monti eai r * o 
 
 \es. 
 
 '*-» 
 
10^ 
 
 A. — Yes/ ■■•.■:,■•.'■■' 
 
 Q. -Have you n knowledge of a cause institutea in the SuBfe- 
 nor Term ot the, Court of Kind's Bench at Montr^^of 
 r,me %nace Daillebout, plaintiff, vs. Etienne DucSois! 
 
 . deiendan aniEt.e„neDuchesnoi«plamtif^^^ 
 1 homas Coffni defendant en . garantie, and when ? 
 
 ^7ehrn;rvirj"''P^l»f*''*^'^^'^''^"^^* ^^ returnable in 
 J^e^ruar> ihi4, and the action engarantie was brought and 
 returnableon the iHt April 1814. "femaaa 
 
 Q.— ^Vho were the Advocates concerned in that caugcv? 
 
 A.— Mr. Janvier Domptail La Croix was Mr. DaJnebout's Ad- 
 vocate Mr Louis Michel Vi^^er that of Mr. JDuciiesnois and 
 I was Mr. Cofhn's Advocate. 
 
 Q.— Did you see in Mr. La Croix' possession pending, that 
 cau?e or afterwards a Draught of a declaration in the afore- 
 said cause m the hand wrHing of Mr. Justice Foucher f 
 
 A.— On the 2d of April 1814, Mr. Janvier Domptail LaCroix 
 called on me, saymg that in a certain cauSe wherein Mr. 
 IJadlebout was plamlitf, Mr. Duchesnois defendant, and Mr. 
 Coffin garant he was Mr. Daillebout's Advocate, and that he 
 had also been charged by Mr. Coffin with the defence of the 
 action en^garantie ; that he liad even entered an appearance 
 tor Mr. Coffin to that ellect ; but that having since reflected 
 on the matter, he thought it would be better some other Ad- 
 v>ocate siiould be employed ior Mr. Coffin, adding that iie had 
 
 X 
 
 k 
 
 i 
 
 O 2 
 
 every 
 
1 
 
 evety power ffom Mr Coffin and that in u«ng that iwwer ht 
 chose me to represent Mr. Coffin in that cause ; that r the 
 Interests were irtatrly d» game, as well those of Mr. Daiile- 
 bout a« those ot Mr. Coflin i,e wished to confe? with met 
 pnfar tc. setUe together the Uiie of defence bo as tlT better o 
 - insure 8«cc«8. "iVthis^^d, Mr. 1^ Croix oomimi^clted 
 to me sevemfpaper^aiKl letters between Mr. Ducliest^rand 
 Mr. Coffin ; and afeo the Urai.oht oftlie declaration in I e- 
 
 ■ ttd^'^t "''^ a^pear^ to bethe hand whU^^^r " 
 Hon Judge FotJcnBR ; 1 i-ead througli the said Drauu-lit of 
 the declaration to learn the nature ol the action '^ 
 
 I wish to remark to tlieComttuttee that I feel mvsdf in a sitna. 
 tiono great delicacy I den v. my proi..sioIZn^u:^^Z 
 
 oftiowt^^^^^^^^ to him the iL 
 
 o hisown, and I have ever considered myself the frien.l of 
 Mr. La Croix; but it is a consolation to me that liie brin:v.. 
 ingot tbe{jresentaceu«ation.aguiHst the KGn.Judiie 1 olc uL^a 
 IS not^m co-nsequence bia^y information i-iven by me and I 
 owe^honuige to tiuth^.- ^nd unde*- these cncumstance; i ^u! 
 not do otherwise than deplore iny situation. 
 
 ^hTJ^' I'^^ as well acqiminted with it as with my own. 
 
 claidtiontilerl m tito said cause", ,aH\ \slv[ltin:c ku • Vv t . .t 
 j«^e^so <«Mii^rmHUe to tiie iuii^or now shewn to you J. r- 
 
 ^i'he 
 
'\. 
 
 It* 
 
 me by Mr. La C««ica« the Draught of the origiimi Seclara- 
 tion hied in the sairf cause; but I did not compare it with 
 that original; and the paper now shewn to me i^arfced C to 
 the best ol iny recollection corresponds with the said Draiurht 
 so shewn to me by Mr. La€roix» n* * 
 
 Q.-~ When Mr. La Croix shewed yon Dhe DratigKt Wthe dedai 
 ration m question did you not remark to him iTbw it happened 
 lliatrt was written by or in the hand writing of Mr.. Justice 
 r oLCHEu, and what was his answer? 
 
 . ' ■■ I' 
 
 ^•""^r'. ' *''^ notrem<iifcthatt« him, but I was struct on seiiur htnt 
 ami felt pHuifvilly. 1 ^aid to Mr. La Croix,, care pust be ^ken 
 this writmg<»uglit«„t to appear. The reason of my feelinir pain- 
 ful y 18 UittJ 1 shoiikl ever have been UHwilHng to know luch athinir 
 and also that 1 considered the tWi a« a mere indiscreiion of Mr 
 
 i Fc.i>cHfiR'^ andtbe a<t of Mr. LaGroix i.i having shewn rae the 
 Draujiht of the declaration as an indiscretion of his. i appfehended 
 also that Mr La ( roix' indiscretion might lead him to keep that 
 li-fanght *M^ll|Uu»ger„and tfeereiby expose Mr. FouchEntAdisaiawiT 
 able consequences .^o stiongwas tiie impression qn me that Thave 
 evf-r retained it. One thing struck njc on reading the Dranahfr 
 trtilhe diiitliinalion whrih i« that oniseeing ,m the docket the wntci 
 Mm ntgcttor.umg itoruni, undflfter liav i«»g acquired a knowledgrcof the 
 
 ' fac«s ..jion wliuh the action was iounded Ithoujfht the Hon Judce 
 I^onciJEK had hpenimistaken, and that the aciu»n^M.ght to have l>e«n 
 the ff<;/«owa/j«la/jb«cai58e the said motion v .iBff.nndtd.MfMmtwo letters 
 of AUof riey ; luit upon aftcr\var(ls seeing the pleas 1 perceived 
 thi\{ Hri-he frrmer there Whsniore ait. ina>mnch as the said adioi*; 
 included Ihc mUo ne^oitormgestorutfi and the aciw taahdaii. I percei- 
 
 V€d 
 
 /' 
 
 1 
 
 m 
 
/ 
 
 il 
 
 •3 
 
 ) 
 
 / 
 
 no 
 
 ..winch iBigjn have bcfo .pplied in the Mio mmkti. ^ ^^ 
 
 V—Mavejron reason to doubt tJiat the said Draiiffi.tof a declaraf.nn 
 ^^w«8 rti^the ha.rd writing df Mr. Justice FouchiS? *^'''«^**^*»« 
 
 A —I have no reasdn to doubt that fact. 
 
 ©.-- You have jaid thai jrau bad considered the condact of Mr Jnstica 
 i' J''VcaBR on that occasion as ind.scroet. .hould you „o J,/ve c ^ 
 
 'r^t^::;^:;^:;:';?^-^^^*^--^-^^ 
 
 A.— 1 thought at the time that he would sit in that cause • hut .* n,. 
 
 |hal^.« s. t.ng he woold render a judgmcrt according to the brsr of 
 his knowledge a though he had so drawn the said D?a -dt of ,he 
 declaration^ and the reason why my feelings were pltZaff^Z 
 ed by h.smd,scret,on, was that such conduct .n.ght occasion thV 
 
 A.~He did «itjn that Ca«se. I flaw among the pleadinffs two inter. 
 locutory Judgments written by hr«. whTreof LcS rd « 1^ 
 mr and the other ordered the Defendant Mr. D H>hesno s to r^" 
 
 "tZ T T""'!' ' •^•^' * **** "«t recollect whet^Iier he helrd the pa 
 ^ -lies finally ; that is to say upon the account rendered ^ 
 
 ^I'i^unced'?' ^"""" fi»^"y adjudged and ^n whose favor ^ it pro- 
 
 A.~Ycs;~the Judgn>ent in the principal Cause wa. rendered in 
 
 favor 
 
 vinSi,^.. 
 
fc^or of Mr. D?iiMeb(»iil against Mr. Dttcheinoii. ant] in the Came 
 «i /farantte of Mr. Duchesiiois against Mr. Coffiu the action wai^ 
 diiiniiBsed. 
 
 Q — Did you tee the Draught of the final J^idgment > [ 
 
 A.— No.. , •, .:;;., ,H- 
 
 Q.;^Ha?eyoH ever been consiiUied'by ?^r:' De M^ontarville, respect* 
 ing a certain Cause instituted in the Superior Term of the Court of. 
 King's Bench for the District of Three Rivers, of our Sovereiffo 
 l^ord the King against Pierre Ignace DaiUebout ? 
 
 ^•""•^^^orB the late War I remember having, been consulted by Mr. 
 De Montarville on the subject of a Crown Cause against the Testa- 
 meutar3^ Executor of the late Mr DeSt Oi.ge which action related 
 to a Legacy left to Demoiselle A^rard wife of Mr. De Moutar- 
 ville ai»dto VlademoisdIeCava.ia. Mr. Justice Foucher was then. 
 Provincial Judge at Three Rivers. 'I he name of Mr. DailJehout 
 was not to the bist of my knowledge at that time mentioned. 
 
 Q.--Did not Mr. De Mnutarvillethen shew you a letter from Mr* Justice 
 l^oucHEK adv!sing Mr. De Montarville to intervene in that cause ? 
 
 A.— Mr. De Mrontarville shewed me a letter from Mrr Justice Pou- 
 ch e.a, he even read Ihe said letter to me, it explained the lifflits of 
 Madame I>e Montarville, and eu-agrrrt her to form an intervention.' 
 in the said cause to make her rights tlicctual, and also to employao 
 
 Q— Was the intervention ftirmed, and what was its fite ?' 
 
 ^"i^^V^'*' '^'^"^} ''^^^'- *"*^ ^^adame De iiluntarville I entrusted 
 iVir. ve/ii,a ot ihree-ilivers Advocate, to fdrai-thatiuterveutioo, Mr. 
 
 Veziaat 
 
 hi 
 
 ^■'1 
 
 ■*jiii\. 
 
 -^. 
 

 ) 
 
 ) 
 
 K 
 
 ma 
 
 Crown httd been dHmissed. "^ "* 
 
 Examination ofBierrt Bfbaud of the-dUy of Mcwtreal. 
 
 Q.—Are jou n«t a clerk in the oOiceof the Pi othmioiAi^M «f ♦u^ r> a 
 of King-. Bench f« •!«. :di.t.kt of M,Xl "' "' "" <=""« 
 
 A.— Vet, 'r;^<' •»»'.' «(r ^:»Hf(tJ»fj' 
 
 5eiuh of Jhe dislnct of Montreal vhereiti p I Da ibE 
 
 ^^iln: L*?* »*"«"^^?ke «f thatcaiHK?. tut I^lo not recollect in 
 trbgt tertti it was bronghl. H was adj iidgM ia October 1 81 *. 
 
 ^'^11^^*" ^"**' ***^ final judgment rendered in that cause, and 
 
 ^'^ISJTIZ'^ 1"! HgiDent a f^w daysafter the end of the teroi 
 ^ Uetobei 1814; b«it ido not exactlj rccoflett when. 
 
 ^iiit?^**'*"**'''''*"^^****^ Draught of the said final judg- 
 
 A.~I cannot positively assert, or recoHect in what hand the Draught 
 ot thai judgmertt was written, but haviHg latelv ejuwuined th*.i.iftr« 
 In,adeofitin the PlumtU/ of the«aidCou,t ofVSBeJh it? 
 
 £niiZ\^'''''"^Uru'^fi''i^'' of- the said Court; becauL 
 «»e title of tke iause ati ibe hwd «f lihe>dgmeat i« ^ueatwB, ww to 
 
 •-^-'? the 
 
 '--i H^^Af'W6?®'''"'^**'-"''-'»«*..i*;i*«HeM <. 
 
m 
 
 die bebtnf my recoUection, abridred tiki not at full lenirth as (lie 
 •aiii.> is entered in the said Piumti/Aod that to the best of .uv know- 
 ledge the ProthoBotaries or Advocates alwajs iimert at full leiiirth 
 thfi title of the cause in the judgments drawn by them : and as the 
 judgments written in french and not drawn by the Advocates or Pro- 
 thoiujtaries of (he said Court, are almost always in the hand writing 
 of Ji.dgc FoucuEB, 1 am led to believe that the Draught of the sail 
 judgment was writteo by him. 
 
 Q.— Does any other Judge of the Court of King's Bench for the dis. 
 tnct of iMontrLal, prepare judgnjeuts of that Court in french ? 
 
 A. — I remember having seen one special JMdgment written in the hand 
 of V!r Justice R. id, in french ; and it is the only one of that nature 
 which Irecollett having sten written in french by any other Judge 
 than Mr. Justice Foucher; I believe Mr. Justice Heid prepares 
 some interlocutory judgments in french, 
 
 Mr. Cuvilli^'r then declared to the Committee that it was not irt his 
 power to pruceed tn tne li:xH.n. nation of other witnesses upon the 
 said Mead^of Acc.sitioii, ni.til (he Registers and Ptumuifs of the 
 tourt of Kir.g's Be.nh for the District of Montreal which h»ve 
 been called for, are produced before the Committee., 
 
 Ordered That the Chuirman do leave the Chair and report. 
 
 The whole neverthcleas h.ymbly submitted. 
 
 C.R.OGDEN, 
 
 ^ Chairman, 
 
 
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 ii'!»i5 .rOj^i.tl ir.) H tf-fj ^n;; l- 
 
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 f 7VaiiWbM>N.i ^ 
 
 ^T-«TX7^^7rTi 
 
 DI^TRrCT OP) , , 
 
 Wu«MiAt J . J COURT OF KINO*$ BENCH, 
 
 PRESENT-The Honourable 
 
 MONDjy, IMA 4pnt, nil, 
 
 James Ihid, [.E«|ul«Ml.Jwiaefl, 
 
 P/Vrrc Io;nac€ TiaiUebrnti, ■ resid ?ntf1- ' • " 
 in the PftriHh o\m,Jetin Hiapti^k' \ 
 deAjco/e^, in tlie DiMtrictol'i'/irt'e ■ 
 hhrrs, now at Montreat, in the 
 
 i<; I 
 
 District oi Montreal, Esquire. 
 '•' • riahitift; 
 
 JEt^'enne Dv&heanoh; Merchant, re- 
 siding; in tlii^ Parish of Varennes 
 
 The Court having hprd 
 the Parties by tlieir Ad-"^ 
 vocates upon tlie except 
 Irons ol the t)efendant, 
 and liaving- deli])erated. 
 
 quire. ^ Delendant. tions 61tlie. Plaihtill with 
 
 and 
 The ^sudEtt^nne Duchennoiny 
 :«r vi Plainl.ifm garantie, 
 
 TA>wy;* Cnjfm, of the Town of 
 ^//m^ /s/r(/*> in the District of 
 3/*#tfe hn:ei6, Esquire. 
 
 ''; hemiaam m garantie, 
 
 P 2 
 
 C osts. 
 
 'I'he Defendan f except- 
 ed to this Interlocutory, 
 
 tVedneiddy, 
 
 i .ij 
 
 ^ 
 
n 
 
 \ 
 
 vi 
 
 } 
 
 m 
 
 __ Wednesday, ZOth April, 1814 
 
 PRESENT— The Ilonom-aW, 
 
 TllTIE Court on the motions W<7,lVf„VUfV'"'ffi'fl»'' Garunt or^ 
 ^ JL (ler, that lilt; Enqitke in the cansc hot!) on' ine l^emunJe 
 in Cf lief and on tfie VemntUe en gm^Ute be tixcdl'or the se- 
 cond WittWBs day in A'jicution. *'>u»t>T. 
 
 Saturday, \^lh ^kt'\ 1814, 
 PRESENT— The Ilonpuiviljl^, ;; , ^ 
 
 f'A<V/ jHntica Monk, 
 
 J .■ _ . ■; -•' JU C. Foitvher,' ,. > , 
 
 rilliE rpuvt having heard the parties by their Counsel hoth 
 JL on t!)e Pi'mande; iu Ciiief'and on that en ^<rant't , ha\ ing 
 ej^anuued t|ho' pleadijigs a^d ilelfheratetl, con»lonm the UeCen-. 
 dant (on, th(? Demimk \n Chief) ti) render an account to the 
 UefeiKiajnt of the iieiU8» fa^nu-ren.ts or othpr inpuieH \yiiat«oeMcr 
 \yhich hj5 may have received Ipr him, or heU>n^in^- {o him, 
 since the year one lUqupand eight huiulred ai^l ten, as also of 
 the titles, Contracts^and ojthcr Papers, whie.! may haye been 
 placed in his handn, or vvt^ich he may luive had belonoino- to 
 the said Pl^intiflfi which apcount upon Cath, and which Sties 
 Contracts and Pn])ers lie sliall 1^ bound to produce and ide ia 
 the OtHce of this Court betvMetJU tiiis day and the fifteenth day 
 of August next, and condemns him U) liie Cosla, audwUhres- 
 -pect to the Vnnande ni garantie, the seid Court suspend* 
 Juci^inent t^reon until the said ^\^count shall be rendered. 
 
 Thuraday 
 
 i 
 
 "JJ'^^'^Wl.-^ ■■' *^ ■;-. 
 
«ir 
 
 T^rsday, iOth Octobery UU, 
 PRESENT— The Honourable, 
 
 ^aVrtif* 9fhnk, Cliief Justice, 
 , .. haaa Ogden, s »» ^r^KTfj.a 
 
 • ^ ' Januti Ktia. 
 
 Tie Court havinnrlkennl the rartitn ly their Advocates upon 
 tlie'acc'(uint. len.lered i)y Isie Delendant on the lentil of 
 i)ct<>fM;'jr i)int^nl, ,t^tMn ex^hiincf I the plea.lin^H, aiul^o^siderod 
 i,\^e wliole, in decidnkg botintiii^ di;,utmde in chiet'ktttlthe ao 
 titui en ^(li'ttniiey disuussciH Uie IMaiiitlli's sail action en garan- 
 tU vvitli cohU, unu upon the demaiide id chicrailjiwl^s audor»> 
 dct's pi.a,l^ie,bai(t DtMttKi.tivl doipay to the 1 laiitJt^li the siuu of 
 ninety live l*ou.i(idH-'>i^ '^idlling* iiud five Petio« cui'i"fency, equal 
 to lliat «»l two thousfMul an.l lorty Meven Iwres and seven pence, 
 forin(?r (uirrency, wiUi inlciTst tnnn the fourth of b'ebruary last, 
 the day (A the heivice ol the sunnnons, at which HUin the said 
 CourtlJUH settled the balance due by him to tlie Piaintili', by the 
 said account rendered, each pwrty pj*yi»g' Ids own costs upon 
 the pn)CcedVng8 snbsecpienl to' the renderink ol the said account, 
 giving acte to tlie said, l^i^fcndaut of Ijlie restoration and pro- 
 duction of the titles and papers demandedr o4' hiiti ))y tlie De- 
 (;laration wlkich shall be restored to (he said Plaintitf. 
 
 \V e the Prothonotaries ol the Court of Ring's liench for the 
 District of Montreal in the Province of Loner-Canada do cerli* 
 fy that the foregoing copiesot Judgments are couionu^l^le toUir 
 entries of the said Judgments in the llegister of the sanf Court 
 in the Cause No. 95 wherein Pierifc Icnace J(p)aiJlpbout, Es-* 
 q.uire was Plaintitt*, against Ktienne Duchcsnois, lLs<j[uire, De- 
 fendant, and the said Etienne Duchcsnois, Esquire, Piain- 
 titf en garantie^ against Thomas Coffin, Esqiure, Defendant 
 Montreal, 31st January, 1817. 
 
 Keid, Levesque, and Monk, P. K. B. 
 
 I[ 
 
 €11 ^aranlie. 
 
Iff 
 
 U 'v 
 
 Hi 
 
 * .\ V>v <^w:* of Kmg*i Bench. ^ 
 
 Pieriflj IMUlebout,. Esquire, . J J^. "**?^ ''«««e^t tha< 
 
 
 '■r.r/ni/j 'fo '-/^lyl .j; lli»|l 11,1... 
 
 ; 'Td;ff;^fi,«l'i (ji „;j.i\aoxTBEAv.20th October 1814 
 ,.. ...,. hi,. .. „ / y. D, tacrqi-,. Attorney for, Plai„tifl; 
 
 " • '^' 'rngMyilu^^": "^^f "Wen, attorney for ' 
 
 •''''^■' . ? ilif ■ ■■■'■', ;■''.. ' ' r\ 
 
 - V k/1 UJrcScI Mi i , :t(m 5 '^"^^ Coffin/ 
 
 True C6J)y;/'''.'"'^^''''»/^''^''i:. • :')^ -.q, > ' "•. - 
 
 L. Levesqufe, p. B. R. D. M. 
 
 ?J>h».:,. 
 
 r 
 
 
^OT 
 
 «v 
 
 ' V> J.'.J 
 
 •iA 10 
 
 m 
 
 Ctratuiation!} ''■" 
 
 Cotirt bf King's Bench: 
 February Term, 1814. 
 
 -o ii> >: erf Hli. 
 
 1' 
 
 
 Jr^/e-^nf DweAe^no^, .;..;;. Defendant 
 
 PIERRE IGNACEDAILLEBOTITFc ♦ ^ . 
 
 the Parish nf ^7 ^^*^^»^BUU 1, Esquire, reaiding m 
 
 trictoTlnlTr '^^'"l Baptute de Nicolet in tlie Dis- 
 
 Plaintiff, or as emnW fl „ -I, '" Attorney oHrim the 
 ciivers sums of nZer/pl f * °'"°'''^™''''' '-<=«'v«i 
 
 much 
 
 .V f*'-'^*i,.,--i».'-." 
 
 y^^ < 
 
 I, 
 
 >i 
 
 ?s. 
 
 -n*M5Jils«''' 
 

 m 
 
 imidi belonging to t!ie said PlailiJlfF in Capital, interest and costs 
 under a certain Judgment qHWh Court, ofwhicli sum, or of the 
 application thereof tlie said Defenclaiit lias not ren^ei^ C^Mui 
 rdu^^os to reml8r>,*».ffc^oiHlt to.tN fiaid Plaintiff.^ ^^jj ^li 
 
 That, in order to collect and receive tlie several sums of Mo- 
 ney, rents or otIier.Woilie?' belonging to fHie Plaintiff, there 
 wer*^ placed in his hands in the name and by the Ao-ents or At- 
 tornies of tha'alUL PlaintifJv or-'>»'diid.(»tlie?wi«e ol^miiiTthe se- 
 vt ml titles, comtftuthns de rente, leases to farm (baiix d, ferme) 
 and oilier papers of tlie Plaintiff, vi^hieh he refuses to restore to 
 him and unjustly detains; the whole to his great injury an4. 
 Dainag'e. • 
 
 That for the reasons aforesaid the said Plaintiff Ja founded irt 
 Law in an Action ni^ainwt the said Doleudant, for the purpose 
 of compelling him to render an account ot^ and receiver the: 
 sums received for him or helonginir to him with Damages. 
 
 Wherefore he prays that he may be condemned to render ttt^ 
 him a true and faithful account under oath of the sums ofmortev 
 rents. Farm Rents^ or other motiies whatsoever, to pay to hirn the" 
 Balance which shall be ascertained to be due to fdui Avith In- 
 terest from the da/)' of Ids receiving the same : as also to restore 
 to him his titles tontracts and other paiiers which he may have 
 had in bis hand» belongi]jo; to the t-aid Flaintiff, the whole 
 with Costs and umier the penalties and personal arrests by Law. 
 provided, and to pay the ioHts. 
 
 ,ii 1 
 
 MonUeal, 3Ut January, 1814. 
 
 J» D. LACROJX, Advocate. 
 
 Indorsement 
 
 ^■aSJWJwBwi&w*** 
 
i.is V. 
 
 J i.:«n. 
 
 i'< -It, 
 
 i 
 
 (IttJormunt.) 
 
 King's Bench, Febru^ryterai, 1814. 
 
 P. /, Dailkhout, 
 
 £^ Dwaheanois. 
 Action negotiorum gisiorum 
 
 Ret. 10th. 
 To Plead. 12th April. 
 Cont. 15. 
 Do. 16. 
 
 Froof the 2d day of Y-,cation 
 Int. 
 
 
 CfiM't i 
 
 io?Lv>i io liwoocHs Jbii.'»* Mii iv 
 
 \ 
 
 t:*WW»Ws" 
 
 **?»*-? 
 
ki**v 
 
 ^ 
 
 tin' 
 
 Montreal Cburt o/ King^s Bentk. 
 
 .^ J 
 
 Pierre Ignace Baillebout, 
 
 ,^-' .■■ ' V8; . 
 Etienne Duchemoig, 
 
 .^■.ojv», » and-'- 
 TAotncw Co^n, 
 
 Plaintiff. 
 
 "It- 
 
 Defendant 
 Garant. 
 
 Objections to and against the accoimt of the Defendant rr*?. 
 WAe.^e«d^ia^* de comptey tBkenhy the Plaintiff to tl.e charles 
 claimed by the Defendant among the ex,, enses stated in S f ! 
 count by him filed m this cause-that is to say : Because w?th 
 r^pect to the sum paid to Mr. Ross by the Defendant, the Pla n. 
 tiif says that assuming his having paid that sum, he must have 
 been and has been i-epaid by the said Ross the disbursement 
 which he aleges hisJiaving paid ; and for which he does ao?cre^ 
 dit the Plaintiff m the account of receipt • Berans*. L. • 
 Aat he hadpaidtoD. B. r,^r E^nirTAs^:^rZ'"^ 
 mnety four livrea toriner purreucy by him,alleged in his account 
 ofexpence the said Plaintifr.ay8 that he 'i^ reimb„^TZ 
 said 8um, as appears by the j«d(rmeiU filed bv the said Court in 
 Aat cause, and fron. the receipt of the Defemlant to the Sheriff 
 'ofthisd«trict, the said sura at the foot of the said iu.lement 
 and for which the said Defendant does not credit the' S ff 
 m his said account of receipt, the said PlaiutiffaUesing that Uie 
 
 said 
 
 5 
 
 S5.?««iiaifci# 
 
:j. 
 
 
 (re* 
 
 arges 
 J a!- 
 with 
 *lain» 
 have 
 lents 
 
 cre- 
 nin^ 
 n of 
 ount 
 
 the 
 rtin 
 erifF 
 eiit, 
 utiff 
 the 
 
 said 
 
 IS5 
 
 said Defendant ought not to pay that sum to the said Viger.who 
 had not a right to receive the same.^-having received his fee* 
 by the mid ju%ment.-^Becau8e the Defendant cannot have or 
 exact the sum ( "£6 currency for thesix journies which he states* 
 his having made for the benefit of the Plaintiff, the Plaintiff aUj 
 leging that if the said jpumieSk have so been performed, the De- 
 fendant performed them for his own profit, he himself b^ing the^ 
 opposant on the judgment filed in that cause, or interested, ajid; 
 that no necessity of performing six journies existed, qor has he 
 a right to the said sum. >^ ^ >; ^ .uh\« i ' 
 
 Because the Defendant cannot exact the sum 6f fifty six livres 
 former currency by him demanded for preparing the account 
 filed, the Defendant not deserving to have, and not having any 
 right to that charge. , . .„ ,, -i 
 
 Because theDefendarit Cannot have, and has not a ti^htlb re-* 
 ceive any of the charges, N * . 1, 2, 3, 4, 5, 6, 7, 8, and 9, con-' 
 tained in his account of expences, and ought only to receive fiVef 
 percent for his trouble and gestion of affairs, on the part of tht* 
 Plaintiff; and that in the five per cent, ought to be included all* 
 the other charges claimed by hhn by his said account of expenses; 
 so that the balance in which he acknowledges him^lf indebted 
 to the Plaintiff amounting to the sum of fifleesi hundred aniJ* 
 twenty-nine livres only, ought to amount to nineteeif hundr^ 
 and sixty-three pounds, and a few half pence former currency^ 
 which he is entitled to claim, and upon the wliole relies on thii 
 Court, and prays its judgment with cosis. • "^ ■ f 
 
 ForthePlaiptifE -^ *•; i u-.i 
 
 J. D. LA CROIX, Adv. <^ 
 Montreal lllh October, 1814. 
 
 Q 2 E 
 
 I ' 
 
 ^ 
 
 'zs::}^- 
 
i 
 
 w I 
 
 1; 
 
 124 
 
 Offy, *c,x, / Itm ^lU oi tPv^ ic^E^^fj OS tort tK^,;o Junhci-h^J : ;^ 
 J E«!ffict^f Jh* R^rtrd of the (cMrftfAf Kfhiy\i h«*.Ui4 «.^ .1 i 
 
 ^^.. Hay ;o.'«^;»^t^S^ 
 
 Province of 
 District o 
 
 0/ Three-Rivers. J 
 
 fMHjrj "ioi.'^ol 
 
 iw ^/(tc King's Bench 
 Be it remembered tl«U Edward Bovven, Esqttir^ drte rif^rt.ii 
 
 we, i-awsot, tills,. ^foym^e , of Lo^er; ,t;a»adB„,ho lidii.i,„>i 
 
 6*.t*ot «fnat .,«tuw or ki,.,l, Wv,,;, .sinlJk „i;,n t „ ./d 
 
 unlurysaJe a.,,! acquisilii^,!, exolwMK<C d''''"U"i. (W. . or 
 tran^^rt Cnot eve., i.. ,,„^„„,.t .rf wi,;:i,;i,iv he dk,5l^^ i.^^ 
 to !.?,«) prouder Of „,oi, any ot.Sr, c-anse c,.„«,aera!,o f 
 
 % king 10 be .yuiiied by iii»'i.etfei. iX u au;;':;;r.^;:,::::;! 
 
 Tiiut 
 
 ^ 
 
 I »««iHS!«r*<<* 
 

 m 
 
 that by the laws of this Provhicfe of Lower Canada, tt^ sifch 
 ijropert^, Houses or KshiteJ^ Us aforesaivl, can or mayle^alljr 
 be' given or bemicallie^ tokucfi Religwiw Community or gent 
 d'e \U(iiti morte hy last WiUor Testament, and thatin'all ca^» 
 t^hert^the Testator instead 6f" hteq nothing his Property or fe-, 
 t^Vi^ lo sudli Ucli<rr()us CAiifimiinity or gem de ntaifi mhrtt 
 4ir6l'liy shall have ordere^F anil' directed the same to be sol (1 andf 
 the'pfice or proyiitce thereof,' to be 'ji)aid or delivered to such 
 J^(^\hi^{y,\HCjm\i\n\iUiy or g^m demdin imrte as aforesaid, the 
 said dispokiHtjiVor hist 'Will and Testament and every thin«' 
 rclalini** to "su'di bequest is, auvl are and shall be held andcousi- 
 dere<l absohilely nud and void in Law to all intents and pur?, 
 poses whatsoever - • , v.i 
 
 THiat all such property or estates which shall ha vet hiien so as 
 afovesaid «»aq*iire6l'byiauy sueii religious Community orgftis de 
 main movie as aU»iiJsaid witiu»ut such royal periuissiun lube .luly 
 si^'.niHed as aiofes(iul,oE winch shall or juay have been wjlleci or. 
 bequeal'ie.i as aioiesaid tortile purpose of bting sold ana lliQ- 
 pidcoedsor price tlieifeoi), paid or* eUvireiirloan) *uch j-thgiuus. 
 oou'H'Uidty or ^ens de mam ri^orte as UloresaiO, and whicu not 
 havinjir been uwinfed Iwthe cliikUen, (i:ens nv ^tUterrepreseinta*, 
 tives( esitynns c«<«4e^«f liie person.ur peisi i^s to wiionilHUcii. pro- 
 perty l^eloi^'ed a\ dhin theitielay oisix>niwnths are to tj« esehiiat-t 
 GTt and HtmlL;ne \Gun\\^d-M Uic DojuiainiR i)A our said Lora Uie 
 ^.iz^,•>•, to.tiie eit>l tLat the same may be sold and aj'piied to llie 
 Vises ;iij:JpuiiH8('sdir<Gled in uml by , the deciuration ot his .ale 
 Iv (»st V' iu'istiaii iVajcsiy Louia iiie iiiteenttJ, bearing- dale at 
 yai^ailes thet.vtnl) hitii day oi" JSovGuiber onellniusandhevcii; 
 buu. r .a and icit > liotc and Uuiy tmcgisterea in tiie saiu j ro-. 
 \iuce of Lovvei Cuiiaaa. hvA: 
 
 I 
 
 if' 
 ( 
 
 ii 
 
! 
 
 m 
 
 «f'j*^"l\'lf rli ^"^"V^'^ ^*^^'^" on -behalf of our said T ord «ie 
 King^ doth further give the ( curt oj our .aid lord the Kini; to 
 undej-stand and be infonned th^t on Ijie third day of September 
 which was ,n the j-ear of our Lord o.ie thousand seyen Lidred 
 and ninety four, Pk rre Garrault de bt. lOno-e, rcsidinir in the 
 
 ralof the said District of Three Rivers by his last Will and 
 ll^^!f ";^f'^!" the 8au,e^y and year aforesaid and 
 PnhL> . T*"*"^"^'^ '" presence of A. Badeaux, Notary 
 Public and the witnesses thereiuUo . subswibing, did amono^^ 
 
 queat to certani persons thereiii described by the names of Dp 
 
 St 'le'^'f f 'r' t ^'^^^ -^l>eu/oiJ^n"S^^^^^^^^ 
 V abana the miifnut and ei^ ovnient of all the real or i-n 
 proveabtepropertv of which ir^the said Pierre Garrault leM 
 Onge should cfie seized, without any finther exception whatlveri 
 t e same then cousist.ng in an emptacemenl, liweliiuff liuse 
 and Premises hcrem alter described situate in Notre Dan^eSW 
 «i tliesaid Town of Three Rivers and in.«notl^rLt of ^^^^^^ 
 mtuatem the same street also herein alter particularly Shed 
 o be bed and enjoyed by them jointly W separately^ hey 
 onght choose for their lives only, iand ipon the^dea^h^oleither 
 oUheBa.dJosephteAvrardorThereseDr('abana,t^es^^^^^ 
 to have and enjoy tlu3 whole for her life and that in^se J ier 
 the r^iid Josephte Avrard or Therese De C abana ^Lted in 
 the hfe Umeor after the decea.se of the said Tes^Z ^CJuoZ 
 be ncncc clepmed of the ^^syfrnit and the eX ^i^ 
 
 said as It she had died; t!«. c»lher nevertiieJess V,u, - Z 
 kound to pay to lier who shoUd have married as aior. ^Jt 
 
 of 
 
 ^ may I'ttf ^"' 
 
 ..Tags 
 
 >:^ili!y8ii'"SwtKa 
 
of 
 
 of the umfruit of the said immoveable property the sum of fifty 
 livres of twenty sols each annually clurin<r her life, and that in 
 the event of both the said Joeephte Avrard and Tlierese De Car 
 bana marrying, then that tiiey should be both deprived of the /«m- 
 ^uit and enjoyment of the property aforesaid, and tlie subse- 
 queikt dispositions of the said Will be executed in tJie same man- 
 ner as if both were deceased, thereby also. expressly prohibit- 
 ing and excluding his heirs from all participation whatsoever 
 in t*ie future Estates and Succession of liim the said Pierre Gar- 
 lault de St» Onge for reasons to him known. 
 
 That the said Pierre Garrault de St. Onge did thereby 
 also further will and direct that upon tlie termination of the 
 said mufruit and enjoyment so given and bequeathed as, afore- 
 said, either by the decease of the said Josephte Avrard and 
 Therese De Cabana or their being provided for in marriage as 
 aforesaid that the said real or Improveable Property whereof 
 he should die seized as aforesaid with its dependencies should 
 be sold upon the best and. nwst advantageous terms by the 
 Executors of his said last will and testament or the survivor of 
 theui, and iii case of the decease of said Executors, his by such per- 
 «oii as the Roroau Catholic Kishop who should then fill the iiat at 
 Qoebec, shotijd iioniniate forthat purpose and whom he the said 
 Pierre Garraiiit de St Onge thereby authorised to act in the same 
 inanner as.iflie had heen one of the Executors of the said last will and 
 Testament, and which said safe it was by the said last will and testar 
 meiit directed should be made publiciv and by adjudication to the last 
 and highest bidder after the necessary advertisements and notice, that 
 the produce oftliesaid sale shouldbedelivrred into the bands ofthe said 
 Roman Catholic Kishop of Quebec whom the said Testator thereby 
 enirfated and authorized to deliver to such Person as he might think 
 fit ou^ llaif of thiB prttceeds thereof which he thereby gave and 
 
 bequeathed. 
 
 ■■*. 
 
 i'VJl""-'- 
 
 .'-♦s 
 
•H 
 
 i 
 
 
 m 
 
 b^qneafM (o the Religion. r«mniu,)Wj of XT„nHn« Nqni of rtte 
 Tmwu ot llu.e H, e,. af.Mcs.ml t,, bccM.i.Iopd toward, ihe w«u2 
 
 ♦ i «•"' 'hr;>th.r hatf fhcreof ,,hHh hi U.^i^d.^ gave an" ,^ -eS 
 
 «tth.. Church .r (:h,M„JorH„....i,| R.U^L Von>^Zit^''Z^^ 
 J.Hu.n.,,.ctMel^^t.» ... auJ „ul under Mi..Une<.t.ou uuU ioLc u>r^ 
 i^v suiU Roman ( atholic B^.|..op of Quebei^. • '"^P^ciiou <»t 
 
 That (he said Firrre Gairunlt do St. Onffe tWrrbv nnm.ii *«ll 
 
 T..W,. of Ihrcc Rucrs, n. f ho District <>f three 'ftMm VIni,.P 
 now nsUhug at th. Parish of St J.an Baptisto Se N ' , It IJ' '^ 
 
 of (he Townol 1 hrrc Km-r. at the ti.m. of the decease of the su.d 
 P.me Garra,. dc St 0..g. to be the executors of hi. Jd a t w ll 
 jod (c'st^ment h. reby deves.iog himself of his sa.d Property n their 
 favoi aoU revoking all forwer av.IU or Codicils by him made. 
 
 .That <hesaid Pierre Garran ft de St.' Oiige afterwards to ^!f nh 
 JJc twenty second day of September io thf year of our U,.:' 
 thonsand seven hundred and ninety five at the Town 6t Three RrC 
 alon-saul d.ed, seized of the real property herein after n,t"o .e4 
 %.thoul having ... a:.y w..e altered his said last Will and Test^imeni/ 
 
 Thrft after the inakins: of the said last Wi« and Tertamert the said 
 Josephte \vrar( m.rned. and the said There-e D,- Cuhana d.ed a!d 
 tlhe sa,d P,e,Te Ignace Daillebo..t a. such Testan.entary Kxecnt.r « 
 aforeHa.d by AcUert.sement in the Quebec Gazette bearing da etl^ 
 -titteenthday of February now last pa.t gave public ..otice tharrn th! 
 ^ue execution of the la.t W.ll a„d Testament of the ,a,d ate plt^ 
 «arranlj de St Onge on Tuesday the thirteenth dajof Aprirthen 
 oiext and uqw last past, at tlie hour of eicv^u of the clock ioTe f!Ire- 
 
 noon 
 
 "I^V- •'' • «»i*-.Mi*>3*.»«»i«»'™' 
 
m 
 
 Mwn Ke4liii'0©»)rt'ffboiB «n ttie ••(» td¥ii i^tie fti^; wo.lli 
 be Mid and adjudged to »bc lait wid highest bidder tlip followin/r 
 imipidveaMe property beioarlngto tbe eijate ^nd tupcesitpn ofth* 
 flaid late Pi'^^re Qitrrault de St. Ougc jdeceaieit, thot Ip t6 »i^: firit 
 an Emplattmnt sHuate ip the Rorough of Three Rtvtri, c^otain- 
 injp forty feet in frortt upon Notre Darae ^tr^et by one hundred ^n^ 
 Ihree ftet in depth joining oq one sidp to the South Weit by St, PraO* 
 $oii street an4 on the other side to John Autrobuf, Eiquire, and 
 enrfirig in deptl? at the eniplaement belongipg to the Succession tH 
 the late Honorable Mr Deschenaujc #lth a ston? House of foftt 
 Cieet in front upon Notre Dime Street, by thirty two feet in depth 
 upon St. Fran«;oi» Street with a smaM addition '» ^/tonff^-" and a stable 
 thereon— Secondly another Emplacmeht near to the one above des- 
 cribed of sixty five feet upoi) Notre Dame Street b^ fifty nine leel, 
 fronting to warjis the North Ei^sttb St. Francois street joining to the 
 i^lonth West the emplactmeni pf the representatives of Gode^qy d« 
 Tonnanc«»ur, Esquire, and to the South £aM to (he represent^tivef 
 qf Joseph l^amH. 
 
 That the said two Emplaoemeott belongtng to the Estnte and Sue* 
 cession of the said jate Pierre Garfault db 8t Onge still remain unsold 
 ia the hands und possession of him the said Pierre Ignace Daillebout 
 as the surviving Executoi of the said hist Will and Testament. 
 
 That by reason of the said several Premifies and by law, the said 
 two emplacenmti wi^h the appustenances have escheated to our said 
 Lor4 tne filing aiiid arig^^t of potion hath accrued to our said Lor(| 
 the Ring to ask, demand and obtain tha^ the saiuf^ and evvry pjfr^ a|(»d^ 
 parcel thereof be reunited to his Domain tube afterwards disposed 
 of according to Law. 
 
 All ^bich aWegations the said Edward Bowen on the behalf of our 
 said Lord the Kin^ doth hereby aver to be true aud well founded in 
 fac^^qdia |iq,w,«^ud ^be »arae will verify, prove aud maintain wheo 
 and as this Honorable Court shall direct. 
 
 R Where- 
 
 ■pi 
 
 i 
 
 a 
 
MO 
 
 yVhertfonihf laid Edward Bo wen on behalf of our laid ?««! <i.- 
 King prav, the advice of o.raaicl L«rd the Kijg 'uw he "e in t^^^^^^^^ 
 
 Jbenid P.em Ignace Daillebout to he andtq,pncar in tlu Uoior.ble 
 ^pMft on Monday tlu^.i.tee^thila^ ..fSepteiub^r »;tLl t^ai^^^^^^^^^^^ 
 Jfrjaiu |,ord the K.ngof thrdcnaud contained in the 2rm"urand 
 
 M.d last W.lland^rcstamrMtof the .aid Pierre Garrault Je St 0„^ 
 ma^. be declared null andvflidand of„o effect the .aid ptrrel^^af^ 
 paillebout.adjHdgcd and.c.„|dpn.ned i.) hi. quality of ExlcuLr " « 
 fon.«H.d to quit and .urre.«ie; Jp the pos... Jon oFthe .td above c el" 
 c^.bed mpl^^cnt^ and, premises tb^t the .anie and Lryplrtih^Z} 
 rn^ybe dccUrcd escheated to our said Lord the Kingand be reun ed t« 
 
 »lL :/ri ^""T ^"l ^^' n'''' ^'■'^' •"& «"'^ «^d the proceed fap- 
 S '.1 Si 'fwdicecK and to that erwJ that th.« houorable Co^rt wSl 
 Khlftt*'* "i^ '^^Vd'cation thereof at theChurc h Door of h" .aid 
 Parwhof Three Rivers to the last and higlicst bidder after the ..«n«l!.nJ 
 rcMU...tc notrce, -And further that th.^aid P.erre i^ D LLo^ 
 inaj be adjudged and condemned to render a,, account in due furn. of 
 Jaw ofM* ge.t.on of the«i,d.«al^state. and of all ,nch .um or .um of 
 woney a. may have .oonie to his hands appertaining to tihe a'd rVal> 
 «.tate ip order that the same maj be paid over to Lc .aid LnrAiU 
 King, the whole witKthd full coi. of Suit. »»»<» 1-ord th«, 
 
 4i,^!;K*^u "**' ?.'*'!"*' Bowen oir the behalf aforesaid further nrav. 
 
 Law and Justtce .hall appertain and be requisite for the prescrvat on 
 <tf the right, of our said Lord the King. prescr>ation 
 
 Dated the 13th September, 1811. 
 
 > 
 
 •I I 
 
 •ijii 
 
 (%aed) EDWd. BOWEN, 
 
 For our said Lord the King. 
 
 ' -^•ep:i.-StiS!<mimiai^^ 
 
 .^•-m»mimmifa»><i> 
 
1.11 
 
 
 f-.M'! 
 
 i 'III 
 
 n> 
 
 r" • )«i ' 
 
 {fnddrt0m0nt,) 
 
 In the KING'S BENCH 
 
 Thru Rivem. 
 
 NO. •'-•'" 
 
 Our Lord thi King, 
 
 i» VI, 
 
 Pierre Ignace Daillebout, 
 ^' DefendanV 
 
 7/ A J 
 
 ■/ f 
 
 uH 'ili n't 
 
 INFORMATION. 
 
 iiHHrno't fjilt III 
 Filed 13th September 1811; i'^iinnl 
 
 (Signed) Ths. * Fr. P. K. Ib '"^^'^l^'^'^ilf 
 CSigned; EDWd. BOW EN, ' . '' 
 
 For Our Lord Uie King. 
 
 ^^ (Orfgi- 
 
 In 
 
 % 
 
 ;.i; L';i.;.V. i 
 
 .■sssams 
 
 '-^-^,-.f^ktittLf^.„ 
 
m 
 
 LOWttl-CANADA, 
 
 I.UWBR.CANADA, > 
 
 BioHctof Three-Rwer..}^ QKORQE TME TH^RD, by the Grace 
 "of (?od, of tile UniW kingdom of Great 
 Britanundi Mliaii; King Defender of the 
 Faith. 
 
 JU» S. 
 
 Tothe Sheriff of Three Rivers, Greeting: 
 
 w 
 
 'E command you to Summon Pierre Ign«ce Daillebout 
 
 In the vZTJf t'^^Tf '^^r'^^^ noTtml 
 ^ni i- "'• "''""' Biipt'slede Nicolet, in the District 
 
 of Kmgs Bench at tlK Court House, in the Town Of Thr^ 
 Rivera on Tuesday, i^^^w^tmnMtinl, at the Hour oS 
 in the forenoon, to answer to our demand containedin the in 
 t7t7, V^-^*T'%my,fi. a#.J.W..ypu thS and U.e?; 
 this Wri . Witjje^ Uie Honourable Louis Charles Fouchek 
 l'i^r''""r"''-'"^«e,;and,u, of tl.«,J,«ti«as X,r said S 
 atThi^e-RiverS; or. th^ tKiWt.th da* cfSX ia the Z^ 
 
 C%»^>/!; i THimAm& FRASER, P. B. R. 
 
 (Original.) 
 
 ^Idi';!!'?'""''' ■^;"' I ''»ve ^""""oned the within named 
 IMendant to appear, by serving a Copy of the said Writ a^d 
 
 information 
 
 Mt-.. .^ 
 
m 
 
 !nft»n(iataoTv anne;i:»4 at hkBrn/kilef i*r the Parfafctjf NidJleL 
 qn the thirteenth in8ta«t»i ^p^^aking to hiitieelft; ' ; b 
 
 
 '.v<j ^-^ ,^>7i^ ' 
 
 'tL 
 
 » >!0 Ji: 
 
 hi 
 
 b'yi .,,';i of^<: . <^ ,' 
 
 tl'Vii''' ,^. . I ,' i . ...rtuqif 
 -liii^'5 ' . , ii',. (,i; ' . , ! -• 
 
 ft'j/i . w. r/.ii}ui €Hir Sovereigii IU)r(i the King^ 
 
 0>w* of Kine'9BenoK 
 September temp lUK 
 
 .II0:l; ..ioiiliiniil n' Ir: ;,;])u*IU i-! 
 
 V8'.; 
 
 M, / ■! r 
 
 Pierre Ignace Daillebout^ Esquire^ 
 '•l^^itt^'tfoWWtt^btetft^'fetij^iof tlie's^^^ Court. 
 
 TOsfePW^^:B*IimE^^^^^ of Bbucherville. 
 
 U Esquire, aud Mane Josephte Avrard, his wife, mostresT 
 pectfully represent to Your Honours. 
 
 •^•The*' tli^%ai4i'!'Mitiite* Jo^htifr Avmrd, v^ of the said 
 Me)lMArville,Esq«l»ei;i9ife()fl^ Heir in the collateral line of thff 
 fclte'-Messitfe; 'Pieri«# FVau^oife^Oarratilr otherwise called St ' 
 Ofv^ dfeeettsed'iri- thi^ l^ovvn, Priest and Vicar General as 
 
 af»pea*»|jyi!heie?tt^tf6ta*WHiexfidtottie genealogy wliichthe W 
 liUoners produce. 
 
 That 
 
 ix'uU.^^n., : 
 
134 
 
 W'\ 
 
 ife. 
 
 did by Ins last will and testament bearing date the third dav of 
 September, one thousand s^ven hundredind ninety four dis^e 
 of and give, m contravention Hifthe I^ws^of thld V'„:;L ' P?-® 
 
 of and 
 real p 
 
 dgive m contraventionHJfthe ii^ws of thii Countrv'^s 
 for* 4^^l ^^^^^ ^ ^^' Xowi, consisting of. i. A Kit of 
 «n1^»^*^ '^^"^"P^" Notre k J Street, by one hundr^ 
 and three feet m depth along„St,Eran<^ois Street, TdiStt 
 present on one side to John Antrobus, Esquire, and rXoth 
 to the representatives of the latfe Hbnourable L^ub DescU 
 neaux, with a Stone House of forty, ta^t by thi^rthr^ let 
 JvUh ran aUo^^ge and a stable/ sJi: InotLS hfe^ S 
 herein before mentioned of sixty five feet along Notre Danie 
 S.^t aforesaid, and of fifty nine feet upon St. Franco s St^t 
 adjoiningon one side to the representatives of Godefrov S 
 nancou^ Esquire, and on the other side to tfaB representatiV^ 
 ptone Hamel; to persons holding indirectly Vffwwi^m.^r^e as 
 IS more fully explained in the will produced in thatiin^rmationT 
 
 ;'r 
 
 ♦I ^^^l *lV^ aforesaid hereditaments are by law the property of 
 the said Mane Josephte Avrard, wife of the said ionterWHe 
 
 cdleT/o" "'V^'' ^r" ^'"^^"^ GarrauU ot"e 
 called St. OngA>, the annulment of whose Testament is in 
 question. ««. « i» «t 
 
 'Wherefore your Petitioners joaost respectfully pray that voui^ 
 Honors ^ill permit them to intervene as parties in that cause 
 or ji.formation and that the will of the said late.I^erre Francois 
 C^arrault be ^et aside and annulled, and the said Ci^re Wee 
 Uaiilebout, Esquire, condemned to abandon Uie pospessiou and 
 
 * occupation 
 
 vIh 
 
T35 
 
 occupation of the aforesaid Hereditaments, and to restore ih. 
 same to them as beino- the propertv of thp^^JH m • i . 
 
 Avrard descended to\er a^tlSwo^^^^^^^^^ 
 
 her Uncle, and that His Majesty's cCsLrelm! ^^^^^^^^ 
 
 missed with Costs againstWsa^SdaTt^ ^""^^^ ^^ 
 
 Three-Rivers, 20th September, 1811. 
 
 ♦li'fj.;4^, 
 
 (Signed) 
 
 P. VEZINA. 
 Atty. of the Petrff. 
 
 "^SiXiJ 
 
 .■»» 
 
 . / .' ; : 
 
 (Tttdortemeja) 
 
 ', '\i 
 
 i 
 
 
Seotember Term, 1811. 
 Petition in Interventiont 
 Dom : Rex 
 
 vs. 
 
 P. I. Daillebout, Esiff, 
 
 and 
 
 J. Boucher, & ux : 
 
 Intervening party. 
 
 Filed 21st September, 1811; 
 
 <Signed) Thos. & Fr. P. 
 
 (Signed) P. VEZINA. 
 
 Atty. of Interv. 
 
 e 
 
 DISTRICT 
 
 n 
 
DT 
 
 ^l> 
 
 m 
 
 DrSTRrCT OPJ 
 
 UISTRrCT 0PI1 
 
 Ti^ee-RWer,. Jj COt^^BT 0^ KZ2^Gf' * BENCH, 
 
 September Term, |8U, 
 Our Soirireigft fcord the King, 
 
 V9i 
 
 Ui 
 
 Pierre Ignace Daillebout, Esquire, 
 
 and 
 
 Joseph Boucher de Montarvi(le, Esquire; 
 
 and 
 M. Josephte Avrard. 
 
 Th^e Rivei^ 21sC Sepleiliber, 1811. 
 (»gtfed) . , p^ VEZINA 
 
 ^^^y* of the Intervg, party* 
 
 ' ij 1 
 
 1% 
 
 (Indorsement) 
 
m 
 
 i\ 
 
 
 No. 72. 
 
 ourt of King's HencK ' 
 
 Motion to obtain delay. 
 Dominus Rex, 
 
 ^ 1». I. Daillebout, 
 
 • :•!; 
 and 
 
 .l/:r;!7A ;j1«fq5|i^t»l -1/ 
 
 J. Boucher, Esqr. & uxor,. 
 
 « 
 
 • Intervening party. ^'^ 
 Filed, 21st September, 1811. 
 . ^Signed) Ths.. & Fa. P.. 
 ' (Signed < P. V. 
 
 
 Zf 
 
 xhw^iiio.i ot 
 
 ,' ri 
 
 !.Ii!:. •>■ ■ !" ::'>\I . 
 
 '■'A <.'. 
 
 •J 
 ■ 4 
 
 (Original) 
 
■'■uiX' 
 
 V 
 
 
 m9 
 
 LOWER CANADA, ) 
 District of Titree Riv«rs.) 
 
 
 In the King's Benclu 
 
 ,,,. , . Our Spve)reign Lord the King, 
 
 Pierre Ignace Daillebout, 
 
 and 
 
 Joseph Boucher de Montarville et Marie 
 Josephte Award, his wife, Intervenant. 
 
 Be it remembered tliat Edward Bo wen, Esquire, one of the 
 Counsel in the Law of our Sovereign Lord the King, of and 
 for tlie Province of Lower Canada, who prosecutes for our said 
 Lord tlie King, being present here in Court, this twenty third 
 day of September, in the year of our Lord one thousand eight 
 hundred and eleven, in iiis. proper person, hi answer or plea to 
 the merits of the lleqilete of the said Intervenant parties, doth 
 give the Court of our said Lord the King, to understand and 
 be informed that all the allegations and facts given in the said 
 Hcquete and all and each of tliem are insutiicient untrue and un- 
 founded both in law and fact to maintain the several and each 
 of the conclusions contained in tlie said Requete. 
 
 Wlierefore the said Edward Bowen in behalf aforesaid per- 
 
 :" 
 
 -« ■ 
 
 J 
 
 i 
 
 nal) 
 
 S 2 
 
 sisls 
 
 «*.. 
 
 .4«*«Cs 
 
 w^m: 
 
^I4D 
 
 flista in the concli 
 
 «..r ..i^ f . }'^^'^^ conUined in his information in behalf < f 
 ourscud LdirdttiQ Knur. 
 
 ' ■ ■ - . I T 
 
 No. rg. 
 
 Three Rivers, 23d September, 181 ll 
 (Signed) A. fiERT HELOT, 
 Atty. Acting for the Attorney General. 
 
 Court of King's Bench, 
 
 TU9£^ RlVBRSr 
 
 September Term, 181K 
 0\ir Lprd the King 
 
 P. I- Daillebou^, 
 
 Defendant., 
 and 
 Joseph Bauaker de Montdrvilley Sf Uxor. 
 
 IntervenantSi 
 Answer to the Begm^fe of the IntervenantparUes* ' 
 '•"'• ■ ■■ C!.- • ,:,, ,./ 
 
 Filed, 23d September, 1811. 
 
 CSigned): Ths.. & Frs. P. 
 
 (Tramlation.) 
 
 V 
 
 'i*-^ 
 
it 
 
 ^ 
 
 NO. 
 
 141 
 
 King's Bench, 
 September Term 181 Ij 
 ' ■ Dominua Rex, 
 
 I'JVf' 01/ 
 
 .V8. 
 
 FierH Ignace Daillebout, Defendant, 
 and 
 
 Joseph Boucher, Sieur De MontarviUe, Esquire, et uxor] 
 
 ■ ' ■■ •,■'.•■■ 
 
 Intervening party*. 
 
 ' ' * ^Ntti the said Pibrt-e Tgnace Daillebout for defenses or an- 
 
 swer to the intervention of the said Joseph Boucher de 
 IVlonlai ville and his wife, and so far as it is necessary for him 
 (to.ansvrer saitU that with respect to the conclusionss by them 
 taken tor causing the said Will to be declared null, he cannot 
 do otlierwise than thereupon submit to and he doth submit to 
 JuvHtice.. . J ■ 
 
 Tfiiit wilh respofct ta their remaining conclusions he saith 
 that they cannot nor can similar ones taken against him by the 
 mfortnartionbegTAnted, be-iauae after tlie decease of the said 
 lai'e'Be St'.''Ohge he tlie'Detendant and the other Testamenta- 
 ry Executor of tlie late De St. Onge took possession of his peii- 
 scnals only, they iiiiin»^diately rendered an account to liie Le- 
 ^ate,es and obtained a le^al and full discliaige. 
 
 That, 
 
 M 
 
 " f 
 
 % 
 
 i 
 «% 
 
 I 
 
 I- 
 
 -^mm^ 
 
a 
 
 148 
 
 That with respect to the roal property the sai I Dpfendant 
 was niuiblf' to tuke .lud lid not in fact take po-session'or tlie.n 
 which possession remained in the .-<biH Leoateen vvlio hel ! and 
 hold the same since the deceitse of th(? sai.l late St Onoeso 
 that the said Dofert.lant. sih6e 'the 's^'tW^'dis !,ar- e'r.ot liav- 
 m^; iiad any gestion or aduiim^itrjiLiou has not any accoiuil to 
 render. ^- . x 
 
 That it is Irne, that in execution of llie Will of the saidlate 
 M. Oii<.c tluj'UfcfwljJaiit caut^oa to he amw\ui^«d -^le sale ol the 
 «aid Inuiioveahlcs but tiiat he tlid not in consecjuence take p(»s- 
 ^ession ot then>, whicii sale \\u« stopped by the OtHcer ol the 
 Crov\n. 
 
 1 liat the said Defendant for his costs and expences lias dis- 
 bursed a sum of ,vhich he hus a nu|»t 
 to t lann, and does claim either against the Inlerveniijg pcy (y 
 or against the Officer of the Cro'.vn, according as the Decision 
 iiia\ be in liivor.yl the one or ol" the other. 
 
 ." ' . f 
 
 ''♦Vherefore he prajs that tlie'said sum may be adjudged arid 
 t!iat he nuiy be discharged irom this action with costs.' ■ - . 
 " • ■ • ' '• . • '. niPt oh 
 
 Three Rivers, 24th Sept. 181.1. , 
 
 (Signed) 
 
 P. L daillebout; ; 
 
 
 Disbiirsemeuls by Pierre Ignace Daillebout^ Kaquire, Testa- 
 Bienlary Executor of the lute Messire ot. Onge, in executing 
 
 Uu > '' nil 
 
 , 
 
 --' iu/l mu',iii.j: u i»S;iu»iuu jim ;;v!jk 
 
 kJiiA- 
 
 t 
 
 ^.. y ' 
 
145 
 
 ^ . 
 
 
 I A /'. 
 
 March— To Copy of the Will - - 
 
 Do. Do. of tlie acquittance) 
 
 and (liscliarge ) 
 
 To (ex|jence of a CaVriage and 
 
 crosHinL',H oyer to come to'l'own, 
 
 five jouruies a lOs* - - - 
 
 - I £0 IT 
 
 - - 11 0' 
 
 2 10 O 
 
 '• f I : 
 
 (Signed), 
 
 ^^3 12 a 
 
 p. I. DAILLEBOUT. 
 
 •>-• £ ■■ t- .< 
 
 > I 
 
 ' ' ■ ' (Indorsement.) 
 
 K. B. Seplemher 1811.. 
 
 Plipa by the Defendant to ttie Interventiou.. 
 
 Dominvs ReXy 
 
 VS.- 
 
 Pierre Ignace Dailleboufy Esquire, 
 
 and 
 
 '* 
 
 Joseph Boucher, Esq. Sievir De Moiiwrville^ et uxori 
 
 Intervening party.. 
 Filed 24th Sept. 1811.. 
 
 7. 
 
 (Signed) 
 
 Ths. $s Fr. p.. 
 
 (Original)^ 
 
 N 
 
 
 ■^ 
 
■Kl 
 
 ><^l 
 
 fROrrVCR OF tOVirfrR CANADA, 
 
 ,/ 
 
 t44 
 
 (Original.) 
 
 I Q>urtGfKiH^8 nench, 
 
 ; 9w Soyweiifn Lord the i^n^f, 
 
 < • ^'1'"." ,.;, w. 
 
 ^^^''^ ^ff"^co DaiUcbout, Esquire, 
 
 and 
 Joseph Boucher de Mbntarville, 
 ai^dM^k Josephte A vrard, Aw wife. 
 Intervening. 
 
 Motion tH,tli£ D^ndpnt's^Pleapr Defence to the Reauete 
 of t le InterN'emng parties be set aside inasaiucli as it con u ins 
 a Plea or Defence to tbe. merit, of the Information, the s^ 
 De endant according to theRulqs of this Court having no mo e 
 nghtcn the tvv-enly fourth instant, to file such a Plea or De! 
 teiice to the nienta of tlie Information. 
 
 Three Rivers, 25th September 1811. 
 (Signed) A. BERTHELdT, 
 
 Acting foi; the Atty. Genl. 
 
 ^1. 
 
 <,U):-/v.Vir 
 
 N»; 
 
 
 • 
 
 ..-..-.^. 
 
 / 
 
 rfjBai I- I Yi- ■ 
 
K 
 
 K. B. Sep^ewUer T^xxf^ \%\\* 
 
 Attorney Generars Motion ta set aside the DefeadanVs Vkt^ 
 to the liil'unuiiUun. 
 
 Our Lord tlie Kin|^^ 
 
 ▼s. 
 
 "Pierre Jgnace DaiUebouip. 
 
 and 
 Joseph Bouefitr de M(mtar>^lle,. Esij^ 
 
 
 Filed this 26th Sept. 1811.. 
 (Signed^ Ths. in Fr. P- 
 
 -yM •;•'> -^Jil 
 
 ©BTRicr 
 
 i 
 
 rnii ii r^,:,> 
 
m [■ 
 
 i. 
 
 146 
 
 DISTRICT Or> 
 
 THBE£>Rir£Hf.5 
 
 King's BenchJ 
 biir'Lord the l^ing, -l 
 
 Pmre Ignaca Daillebmt, 
 
 Defendant, 
 
 - . - .. i .. 
 
 '(>...,«. ;i, 
 
 * t ■>,'. 
 
 and 
 Joseph Boucher de Montaimlle, 
 
 et uxor. 
 
 bni 
 
 Motion to.have the cause, fixed to be hearH m 
 
 Tiiree-Rivers,Jg3d September 1811 
 (Signed) A. BERTHELOT, 
 
 Attorney acting for the 
 Attorney Generai. 
 
 L 
 
 "5 HJTf;''ar^ 
 
 Jn 
 
 
 .^^ 
 
M4r 
 
 V 
 
 *. ■ r 
 , 1 r' . . 
 
 •.l.:)JnT ' ■•'■! r ;'j^-^' ^ yIn'th«.iKiii-^g flencfer;.,] frTnifj^o r-»f:-Vxi^ 
 
 September Term 1811. ' . 
 
 Our Lord the King, 
 
 Pierre Ignace DcdUebout, Defendant 
 
 ♦IfJiA?'^ ■•'.:;nt>.iiiA*iM'''; . ■' and 
 
 Joseph De MontarvUle, et uxor, 
 
 Intervenant. 
 
 Tlie Attorney General's Motion to be heard on 
 the Point of 1-aw.. 
 
 Filed 26th Sept. 1811. 
 
 (Signed) Ths. & Fr. P. 
 
 DISTRICT OF) 
 Three-Iiivers. ) 
 
 T 
 
 ^ 
 
 ( Trumlation.) 
 
 COURT OF KING'S BENCH, 
 
 September Term, 1811. 
 
 Our Sovereign Lord the King, Plaintiff, 
 
 vs. 
 Pierre Ignace Daillebout, Esquire, Defendant, 
 
 and 
 MontarvUle, et uxor. 
 
 Intervenant. 
 HE Intervening party moves ior leave to annex to the 
 
 T 2 exhibit* 
 
 i 
 
>*v 
 
 fejftv? 
 
 «xlilblts of the Tnter»feni»% pi»rty an ^Exto^ct which the Inter- 
 ▼eniiig party has been unable to procure before this time. 
 
 Three Rivers, ^9th September, 1811. 
 , ^ rSi^ned) / P. VEZINA, 
 
 hiC Atty. of the Intervg. ptirtyj 
 
 )::} 
 
 No. r^. . 
 
 Vourt of King^s l^ench, 
 
 S^tember Term, 181 K. 
 
 Motion to be Admitted to ^<He>^he new Eidubit 
 
 Dgminus llexp 
 
 vs» 
 
 timUehmty Egquirc, 
 
 and 
 
 iiJontamWe, Esq. el uxor. 
 
 Filed 29th Sept. 1811. 
 
 (Signed) Ths. & Fr. P, 
 
 '»■!'. 
 
 DISTRICT 
 
-> 
 
 V 
 
 DISTRICT 0P>^ 
 Thkee-Hitebi. y 
 
 Vouri of )tm^*« Bench, 
 
 .') 
 
 September Term 1811. 
 Dominua Rex* 
 
 .Ileii ,;j'iu 
 
 ». 
 
 'i'si^kL 
 
 IVerre X^iive ZhitJ^oliQuf, Esquire, 
 
 and 
 
 Defendant, 
 
 Joseph Boucher^ Esquire, et uxor. 
 
 Inter venant. 
 
 n..;i.^ 
 
 tteplication. ;. .. 
 
 THE Tntervenittg! par%> coi^feal^ ijiftt ^e said Defendant 
 has never had nor Could have had possession of the House 
 and Lots in question^ andi tliat4hey r^uce their Intervention 
 solely to the point of the nullity, of the Will of the late Messire 
 P. Francois Garrauit otherwise called St, Onge. 
 
 Wherefore the said Intervening party pray Judgment accor* 
 ding ta the copcjlq^qns qf their Inter j^^tiqm.upon the nullity 
 of the Will in question, desisting from ^rther and other con* 
 dusions theteupoii taken* with costs. 
 
 Three Rivera, 16th March 1812. 
 
 (Signed) P. VEZINA, 
 
 Atty. of the Intervening party. 
 
 ' (Indorsement.) 
 
 
 I 
 
 i 
 
 I 
 
 r 
 
 / ft 
 
 M 
 
j/mhr 
 
 P,,,> , No- 
 A lot ufi"} : rrJirnhp?, 
 
 Court of King's Bench, 
 
 September /^'erm, 1811. 
 
 HeplicdtioBwt^J r 
 
 V, Hex, 
 
 vs. . 
 
 P. I. Daillebout, Defendant 
 
 and 
 
 '*' J. Boucher, Esqn & uxor. 
 
 ■f'lODrrfT?}^ 
 
 VI 
 
 .f«'lj/;^'i 
 
 •m 
 
 Intervening party. 
 
 Filed 16th March, 1812. 
 (Signed) H. Fr. P. . ; 
 
 (Signed) p. VEZINA. i/ ' 
 
 Atty. of Interv. 
 
 ■fii] 
 
 ■;'*'»'jti ,: 
 
 (Translation.) 
 
**«!«; 
 
 
 ; (.v'ijol/' 
 
 I5i 
 
 (Triuuktbm.} 
 
 Three R1VER8. " j..,,,.}f ^'...„^-^' 
 
 " Our Lord the Kiny^ 
 
 , ; P. I. DalUebput, 
 
 i' o> Defendant. 
 
 Joseph Boucher de MontarviUe, Esquire. 
 
 ■-'--■ * . .»^.- Intervening. 
 
 *!. ^^^i^"? ^^"^^ *^* ^^"'® ^® *^g"^^ <^« '^^^'o on the merits on 
 
 tne 22a Instant. ; i .; 
 
 ^ TJiiree-Rivers, 21st September, 18118. 
 
 ^v.m ,,tejc| (Signed) | ;a. BERTHELOT, 
 
 . Acting for the Atty. Genl. ,i 
 
 TtfO 
 
 
 li 
 
 No. 
 
 1 
 
 hi 
 
 ^'^ISPv^^S&fw' 
 
If 
 
 .a.TUViJI aanrV 
 
 King's Bench, 
 
 Septaifaiidlllifeiun ilSl I. 
 
 Motion to reifigM ihlft tfitedseiaSd the merits. 
 
 Our JSovereign Lord the King, 
 
 Pierre Ignace XiaiUebout^ 
 
 ti/iilj!. ♦i'jti and 
 
 Joscpli^oucher de MontarviIle« 
 
 ^Filed, 21st September, 1813 
 (^Signed 
 
 .-l>|(i|tv j;Mt(|i 
 
 - ' ' '^H.&Fr.P. 
 
 s ifTratulatitnf} • ^ ^ ^ i • i . :, t f 
 
 f»0?'n'-Jii oil) lit' *"K>-.^ )^' nOi(l"f ■ '^ O-^fiC ) 5M| .'.''1 fHil">'./I 
 
 Transcript of Record. . iui. f^iii Li.j2 a«i 
 
 Yhree-Rivers, 
 
 "Tuesday, 17th September, 1811; 
 
 "'Present,. . / 
 
 The Honourable JcwA/m F?7/^aw»,> j^gjiggg^ 
 
 L. C. Voucher ^ j 
 
 .Of .. 
 
 Our 
 
"•.-^ . ' "I 
 
 Our Sovereign the Lord 
 
 King. 
 
 vs. 
 
 Pierre Ignace Daillehout, 
 
 Esquire, Testamentary £x- 
 
 (^ecutor of the late Messire de 
 
 St. Onge. Defendant. 
 
 153 
 
 M. Berthelot appears for out 
 Sovereign Lord the King. 
 
 The Defendant in his quality 
 
 >>aforesaid appears in person ana 
 
 says by way of defense that he has 
 
 nothing to offer and relies entirely 
 
 on the Justice of the Court. 
 
 i) 
 
 ir 
 
 Saturday f 21st September, 1811. 
 
 PRESENT 
 
 The Honourable Jenkin Williams, 1 • ' . 
 
 L&. C/is. Foucher.] Justices. 
 
 Our Sovereign Lord the King,'J Joseph Boucher de Montar- 
 vs. f ville. Esquire, and Marie Jo- 
 
 Pierre Ignace Baillehout, j sephte Avrard his wife, move 
 Esq, Defendant. J for leave to intervene in this 
 
 Cause and also for <|elay to file their exhibits in support of their 
 Intervention. 
 
 The Parties having been heard. 
 
 Cur, adv. vtdt. 
 
 Monday, 23d September, 18il, 
 
 PRESENT 
 
 The Honourable JeroArm Williams, \ j . 
 
 Xs.Chs.Foucher,{ ''"slices. 
 
 y Oiir 
 
 Ui 
 
 '■ '..J... 
 
154 
 
 OuV Sovereign Lord the King,"] The court having heardthepar- 
 
 ^ '^' va. ties upon motion of the interven- 
 
 Fierre Ignace Daillebout, Esq. ling party oi'the twenty-first ins- 
 
 and Aant, and having ' delihera- 
 
 Joseph Boucher, Esq. et uxor, ted, permits the said Interve- 
 
 • Intervening party .J ning party Joseph Boucher, 
 
 Esquire, Sicuv de Montarvilie, and Marie Josephte Avrard, 
 
 his wife, to intervene in tins Cause, and grants tliem a delay 
 
 until W^ednesday next, to tile their exiiibits in support of their 
 
 Intervention^ 
 
 Thursday, 26th September, 1811.. 
 
 PRESENT 
 
 The Honourable Jenkin Williams,! t .• 
 
 Ls.Ch,.Foucher.\' Justices. 
 
 (Original.) 
 
 f.>- 
 
 Our Sovereign Lord the King, 
 
 vs. 
 Pierre Jgnace DaiUebeut, Esq. 
 
 and 
 Joseph Boucher, Esq. et uxor. 
 Intervening party. 
 
 Mr. Berthelot acting for the 
 Attorney General moves, that 
 the Defendant's Plea or defense 
 to the llequke of the Interve- 
 ning parties be set aside inas- 
 much as it contains a Plea or 
 ^defense to the merits of the In- 
 formation, the said Defendant 
 according to the rules of thi& 
 Court having no right on the 
 24tb inst. to file such a Plea or 
 defense to the merits of the 
 luformatioD. 
 
 (TramMon,) 
 
 , ^f»i. I.*!' " 
 
 'TI\-.-!»*% 
 
' (I^OHllaiion.) 
 
 The Court having heard the Piirties, considering that the 
 Defendant's Paper is not a defense, uor can in any way be ta- 
 ken forfurther answers than he has already made to the informa- 
 tion of HisMajeHty '9 Attorney General by which the said Defen- 
 dant joined issue by his answers of the seyeDiteenth instant, or- 
 der that the said Mr. Berthelol take nothing by his said motion. 
 
 On motion of Mr. Berthelot and with consent of Parties the 
 •Codrt fixes this Cause for hearing en Droit to-morrow. 
 
 Friday, 13th March, 1812. 
 PRESENT 
 The Honourable Isaac Ogden, ) ^ i • 
 
 Our Sovereign Lord the King,l ^^ ^^^.^^ ^^ ^^ ^^^^^ 
 
 |-, on the part of our Sovereign 
 
 , ll.sq. ^Lord the Kuiff the Court lixes 
 
 this Cause to be heard de no- 
 
 Pierre Jgnace Daillebout 
 
 and 
 Joseqh Boucher, Esq. et uxor. 
 
 Intervening., 
 
 vo oti Monday next. 
 
 ^ / 
 
 ii.' 
 
 iff^ 
 
 V 2 
 
 .Cvjonoli 
 
 Monday 
 
 ' I 
 
 # 
 
 2«^-is>*i^:::~L.. 
 
K 
 
 1 
 
 156 
 Mmday, 16th March, i812. 
 
 INHERENT, 
 
 The rionourable haac Ogden, ) _ 
 
 Our Sovei-eign Lord the Kiiig,^ 
 vs. I 
 
 Pifrre IgnaceDaillebout, Esq, { The Parties having been 
 
 r in r^"^,. [heard. Cwr. adi;, vw/f. 
 
 Joseph Boucher, Esq. <►< waror, I 
 
 lulervening parly. J 
 
 Monday, Slst September, 1812, 
 PRESENT 
 
 The Honourable Ls. Chs. Fauchevy^ 
 
 Olimer Perrault, j Justices. 
 
 Our Sovereign Lord the KJng,^ On motion of Mr. Beitlielot 
 
 o; r ^^ n . ',*. I ^" *^*® P"^*"^ ^f «"«• Wd tJie 
 
 Pierre Ignace Daillehout, Ksq. I King, and with consent of the 
 
 ^"f* rparties, the Court fixes ttie 
 
 Cause to be heard de novo 
 to-morrow. 
 
 and 
 
 Joseph Boucher, Esq. et uxor. 
 Intervening party. 
 
 Tuesday, 22d September, 1812. 
 PRESENT 
 
 The Honourable JL*. Chs. Foucher,\ ^ . 
 
 Olivier PerrauU /Justices. 
 
 Our 
 
157 
 
 Out Sovftreign Lord the King,'> ' 
 
 vs. I 
 
 Pierre Ignace Daillebout, Ef^q. I The Parties haria'^ besfi 
 
 and I licard. Cur. adv. uuU. 
 
 J,o»eph Boucher y Esq. et uxor. I 
 iy '^ luterveiiing party. J 
 
 i f; 
 
 h 
 
 Thursday y 24th September, 18121 
 PRESENT 
 
 The Honourable L«. Cks. Foucher, 
 
 Olivier Perrault 
 
 :•} 
 
 Justice^.. 
 
 Our Sovereign Lord the King," 
 
 /vs. 
 Pierre Ignace Daillehovt, Esq. 
 Ticrctofore of the Town of Three 
 llivers now residing in the Pa- 
 rish of St. Jean Baptiste de Ni- 
 colet Testiimentary Executor 
 of tlie late MessireDe St. Onge. 
 
 Defendant. 
 
 and 
 
 Joseph Boucher Esquire, Sieur 
 
 de Montarmlle and Marie Jo- 
 
 sephte Arrardy his Wife, Inter- 
 
 > 
 
 vening Party. 
 
 The C^ourt having heard Mr. 
 Bertlielot, Attorney for and in 
 the name of His Majesty; the 
 Intervening parly by their Ad- 
 vocate ; tiie Defendant having 
 aeretol'ore appeared and sub- 
 mitted to tlie Judgment of the 
 Court, and having maturely 
 examined the proceedings and 
 productions of the parties in 
 this cause, adjudge that the 
 conclusions taken by the At- 
 
 torney General in and by his 
 inlbrmation in this cause, are 
 inadmissible, and in consequence dismiss the said conclusions, 
 and, deciding upon the merits of the iuterveutiou of the said 
 
 Joseph 
 
 \% 
 
m 
 
 Joseph Boucher and his wife, adjudge 'atict declare that part of 
 the Will of the said Pierre Fr<w(;<m Garruiitt dit S/. Onge, 
 bearingdate the third of Septeni^H^, one thousand seven hundred 
 and ninetyfour,by wiiichhcMlircctstliat liisrtal property shall be 
 Boldand the proceeds distributed, one halfforlhe indigentinvalids 
 
 of the Hospital ofKelioioiis I 'i8ulinekofrhreellivers,andtheother 
 half to be applied to the decoration of tlie C-hnr -h of the said reli- 
 gious Ladies Ursulines oil /tree- HiYi r fly is null as being' made in 
 contravention of ti»e Laws in .force in this Province : in conse- 
 quenceset aside, annul and rcHcinfltluit part of tliesaid \V ill, and 
 condenni the Defendant to deliver to tiie saiil intervening- party 
 in their quality, the possession of the licreditamcnts in the said 
 Will ineutionetl and of the lot {eu. placement) in the said inibr- 
 ination described, without costs against llie Dclenuant. 
 
 (Original.) 
 
 > 
 
 I do hereby certify that the foregoing is a true extract from 
 the Register of tiie Court of King's Bencli for the District of 
 Three-Uivers. J 
 
 T/<ree.I2uTr*, 24thNovember, 1812. '1 
 
 (Signed) H. FRASER, P.K. B. ^ 
 
 Certified, 
 
 Ls, MONTIZAMBERT. 
 
 C C At / 
 
 
 ■ t 
 
ISTDfCT o?y 
 
 I MoNTaEAL. y 
 
 tSfl 
 
 F 
 
 (TranilaiioH.) '".."' i 
 
 Court of King's Bench. ] 
 
 Tuesday, 29th November, 1815, 
 No. 308, Nov. 1815. 
 
 Louis Gibault, ") Plainliff's Witnesses, Frawfot* Sian«^Mar- 
 vs. [tier Joseph Cote. 
 
 Joseph Ihinil dit [ The Court, on motion of the PlaiiitifT 
 Nanmr. J allows Ijini to examine the Defendant upon 
 Faits et Articles. 
 
 The Defendant was examined accordingly; ^ 
 
 Defendant's witnesses, Pierre Renoit, Antoine Gauthier, Jo- 
 seph Brovsseauy Felix Brien, Joseph Belanger, and Madame 
 Nicolas Charbonneau. The Defendant refusing- to proceed to 
 his proof. 
 
 \-/. A. V.» / 
 
 (A true Copy) 
 
 .il 
 
 Reid, Levesque et Monk. 
 
 P.B.iL. 
 
 a 
 
 rv.»- 
 
 ,-^5 
 
li ¥- 
 
 ;i 
 
 } 
 
 
 Court of Kmg*8 Bench: 
 Thursda^j, 30th November, 1815. 
 No. 308. Nov. T. 1815. 
 
 DISTRICT OF) 
 
 MOMTRBAI.. \ 
 
 Louis Gibault of Montreal," 
 Merchant, 
 vs. 
 Joseph Baril dit Namuvy of 
 the same place, also Mer- 
 chant, 
 and 
 E. Contra. 
 
 The Court having heard the 
 parties and Witnesses both on the 
 Deniahd in chief and on the inci- 
 ydentai demand, deciding upon the 
 /^whole and adjudging to tlie Defen- 
 dant payment of three months rent, 
 condenm the said Defendant to 
 J pay and reimburse to the Plaintiff 
 the sum of three pounds five shillings currency, an excess receiv- 
 ed by the said Defendant from the said Plaintiff in .money and 
 in wood upon the said rent of a room according to lease of the 
 thirteenth of October last, and over and above the said tliree 
 months which the Court allows the said Defendant, and con- 
 demn the said Defendant to pay costs. 
 
 (A true Copy.) 
 
 Reid, Levbsque and Monk. 
 
 P. B. R. 
 
 i:i 
 
 «ther 
 
 ^^^m 
 
161 J 
 
 •>p 
 
 T* ■ 
 
 (Other Papers produced by Mr. Porteou9.y 
 
 GEORGE the THIRD by the Grace oftJob of tli© 
 (1. 8r) Un>tf<l Kin|^lom of Great Britain and Ireland, King 
 (Icteuder ol tlie Faith, 
 
 . To Joseph Baril otherwise called Nanmr of Mon- 
 treal, Mercliant, tlie Defendant in the action. 
 
 Y. 
 
 OU are hereby enjoined and ordered to pay to the PlainlifF 
 
 the sum of J^l 1 expressed in the foregoing declarktion, with tUal 
 of 7s. 8d. amount of costs, or else to appear either in person or by 
 some one impowered by you beforc the Justices of our( ourt of 
 KW»ff's Bench at the Court House at Montreal on Friday tno; 
 twenty-fourth day of November instant at ihe hour of nine in the 
 ft>renQOin, upon which flay the contents of the Demande made^' 
 afainst you in the said Declaration will be heard and finally ad-, 
 jbdgedi FaiHng which you will be condemned by default, ,? 
 
 i Witness the Honourable Isaac Ogderiy Escfuirp one of thqtj 
 Justices of our said t ourt at Montreal on the 20th d^y of Nov. 
 1815 ijii the 56lh year of our reign. 
 
 , ToajJailiff 
 to be served. 
 
 (A true Copy) 
 (Signed) IIeid, Levesque and Mowr, 
 
 P. B. R. 
 
 Reid, Leveisque and Monk. 
 P« B. R. . 
 
 UiiL'jki}> 
 
 X 
 
 508 
 
 ^:. 
 
 ■vi-«: 
 
'i 
 
 •xit* 
 
 i 
 
 169 
 
 30% 
 
 DISTRICT OF 
 
 q<s 
 
 MNTKICT OF) 
 
 •f*°^""^r > (?0UJIT OF KINGS BENCH, 
 
 ' The 20th day of November, I S15, 
 
 •<!,<(,.' i;,. 
 
 >'il i;>i,y ijL 
 
 JLoMd* Gibeau of Montreal, Merchant, 
 
 Plaintiff. 
 
 ▼i. 
 
 TF 
 
 ("' 'i 
 
 
 ■■»*•■/' 
 
 Defendant. 
 
 T 
 
 J- HE Plaintiff sues the Defendant for the sum of eleven 
 pounds curit«ncy due to- hi in a^toIlows-8ix pount^s bduo. the 
 value of four cords of hardwood fuffiished and ddiveii^ bv 
 hmi to the Detendant, and three pounds ]>eing tor monies had 
 by the Defendant of liim in advance upori the lease madeto him 
 by the Detendant of an apartment in his house situated in Sf 
 Laurence Suburbs, as i> more fully explained in tije^c^e passed 
 between the parties, received on the l.'^h otOctober last by iMr 
 DesaiUels Notary, atM(,utreal, which apartment the Deleiidant 
 waBGompeUed to abandon hlU en da^r^smce, (rom vvantof Uie re 
 
 pairsnecessayvtheret(vwhicuthel>efemantneoiect.vjto,nake al- 
 though often require., and which inoieovei tJ:e llaintni . 'jve 
 up.tohimattherequestj.mlwith tiie consent of the s^ii.! Iv'en 
 danl-^hich saidsnni ahi.ou;.h olton demanaed stiii icmania 
 due—W keretore tneinuinUii prays juugmeut. 
 
 
163 
 
 I 
 
 the undersigned Bailiff do certify that under a d by virtue 
 ofa Writ of execation issued from His Majesty's Courtof King's 
 Bench in and for the District of Montreal and province of Lower 
 C'atiada signed by the I J onourable Louis Chasles Foucher Esquire, 
 one of file Justices of our said Court, tome directed and deli- 
 vered, dated the thirtieth day of November, one thousand eight 
 hundred and tirteen, attliesuitof Louis Gibeau of Montreal, 
 ]VJei chant, Plaintiff, against the moveable property and effects 
 of Joseph Baril otliervvise called Nanuir of the same place, also 
 Merchant, Defendant, for the sum of five pounds seventeen 
 shilingsand two pence currency, being the principal sum and 
 costs of the said execution, I did for the purpose repair to the 
 doiiiiciieof tbesaid Defendant, and in order to seize and take the 
 sanie in execution, ou-so uuich thereof as will suffice to satisfy 
 the aaiountol'the said debt, and t!ie costs mentioned, I did seize 
 auil take in execution as belonging to the said Defendant the ar* 
 tides i()ll«)wing, tfiat is to say : one large double stove of Iron, 
 witii the pipe tiureof, and one Horse having while hair. I do 
 fui th«'r certify that 1 seized the above mentioned eflccts in the 
 house of the said Defendant in the Suburbs of St. Lawrence at 
 Montreal, on the fourteenth day of December, one thousand 
 eight Imndred and fifteen. 
 
 (Signed) JOHN MONTGOMERY, Bailiff. 
 £2 9 8,, 
 3 5 0, 
 2 6, 
 
 Bill of tlie costs, 
 
 Debt, 
 
 Execution, 
 
 (Signed) 
 
 £5 172, 
 
 JOHN MONTGOMERY, Bailiff. 
 X2 H 
 
 '\ 
 
 \ m 
 
m 
 
 H 
 
 •■ ' ' ■ (TranilcUian) 
 
 Montreal, Court of King's Bench. 
 
 \r , .« r, Saturday, 28rh May, ,1814: ^ 
 
 No. 146, September TeiTn, 1813. 
 
 ^sane Lahaie Widow of] Tlie C^ourt having heard Joseph 
 
 Jacques Liherson of Ste. | Payement an expert ivamed in this 
 
 Genevieve. T cause, and examined th.e report and 
 
 r r. ^"** ^, rplaji, returned by him in tlie said 
 
 iMuisComineau of the cause, condemn the Defendant to 
 
 same place Yeoman. J pay to the Plaintiffthe sum ol three 
 
 pounds currency, Jor the causes nueiitioaed in the Declaration; 
 
 (A true Copy.) , 
 
 Reid, Lkvesque and Monk 
 P.B.ii,/ 
 
 DISTRICT 0F>1 
 Montreal, f 
 
 1 
 
 (Translation.) '^ 
 
 Court of King's Bench: . 
 
 Satm-day 28th May, I8I4.' 
 
 Susanne Lahaie and^ The Court having fieard Joseph Pave- 
 Jacques Liberson of j ment the expert named in this cSu e or 
 &te. Genevieve I der that the parties do make prooi on toe 
 vs. ^thirtieth day of June next, of the lacts 
 
 T.nms Cousineau of 
 the same place Veo- 
 i man* 
 
 following that is to say, 1st wtiet")er the 
 garden or ground in dispute weie enclos- 
 ed iii March oue thousand ci^iit iiuiuaed 
 
 and 
 
^■sm.'^ 
 
 >h 
 is 
 id 
 id 
 to 
 je 
 n. 
 
 
 and ten. 2d of what the said grqimd consists as well as that de- 
 signated by the name of an Orchard. 3d whether the said ground 
 in dispute, and tlie sd'd Orcliard were separate from each other 
 and how. 4lh. AU other circumstances indicating whether the • 
 said ground were tlie garden reserved mentioned in the donation > 
 oi the tweutietli of Marcli, one thousand eiglit hundred and. 
 
 «0. 
 
 (A true, Copy.) 
 
 Beid, Levesque and Monk^. 
 
 K 
 
 (Translation.) 
 
 Montreal; Ckntrt of King's Bench., 
 
 Monday, 12th September, 1814; 
 No. 146, September, 1813. 
 
 SMsanne halUiie Widow of Jac^wes^ The C ourt having iieardl 
 Libermn ofSte. Genevieve. . j tlie parties and their, wit- 
 
 ^** ^nesses examined the plea- 
 
 ,Xom{s CoMs?wf aw of the same place i dings and especially the 
 Yeoman. . J Acte ol Donation of the 
 
 twentieth of March, one tho'sand eiiiht hundred and ten, and 
 ina'urely con^^idered tne whole, disc large the Defendant frooti 
 thcAction brought against hini, withdvit costs. , 
 
 (A true ( up .) ^ 
 
 litw, Levesque and Monk. 
 
 P..B.li. 
 
 sm 
 
166 
 
 tJr, 
 
 rs^ 
 
 Commission appoint, 
 ing Louis Ciiarl'.s J-ou. 
 cher, Rsquire, to be 
 Proviii.iilJudi^, in and 
 
 (Original.) 
 (Signed) 
 
 RpBT. S. MTLVES, 
 
 _ > GEORGE THE TriIRD, by 'h. G?aTof 
 
 for the Districtof Three GOD of the United Kingdom of Great Biilain 
 H'ver,. J a,,, ireia„d, Ki„g Defender of the FuTth 
 
 FIAT. 
 
 Recordtd in the Of- 
 fice of earollmeiits iit 
 Qu.Ik'c tlie 14th day of 
 January 180 J, in the 
 siicond Ri'gister of Let- 
 ter 1 atent uud Commis- 
 sions. 
 
 Folio 87. 
 (.si-ried) N ATJl. TAYLOR 
 t>ei»y. Rt'jtistcr 
 
 To o„r Umiy and well heloved L(.uis Chahles 
 I^OLCHER, and to all others whom these pre- 
 sent may c.»uiern ; Greeting: 
 
 Know ye that we having tak. u into our Royal 
 ^consideration the loyally, i l.grity and ability 
 ot you the said Lous t harl.s Foucher of our 
 lispeciai Grace, ceitain knowledge n„d „.cic mo- 
 tion, have assigniul. constituted and appointed 
 */ei,y K.g.Mcr. j aud by these presents do assign, constitute andao- 
 p>intyoHthesa:d Louis Charles Foucher OnrWovincialJudfte for 
 the District of rhree-Rivers in our Province of Lower Canada? and 
 a,s(» .Mie of our .Jndges ot ot.r ( onrt of King's Bench to be holden m 
 our said n.stnctoi Three Rivers: to have, hold aud exercise and 
 enjo V the said Olh. e and Place unto you the said Louis ( harles Kou- 
 c; iR lor and dnriig our pleasure ami your residence within our said 
 Province of Lower Canada; together with all and singular the lights 
 pr.hlH, privileges and emoluments ..i.to the said Plaeeand Office be' 
 lot>«iii.g, wilh iull power and authority to hold our Provincial Court 
 ot the ,|ud D.-sfrut ot Three-Riveisatsnch limes a. d places a; d all 
 CmiI M.as to hear and determine,, when by Law the same may be or 
 ought to h done and ail and every the rights, duties and functiong 
 ot our Pimu.nal Judge ol the District afor.said to exercise, per, 
 form.nd fultil. In testimony whereof we hue ca.sed these owr 
 Letters to be made Patent and the great Seal of our said Province to 
 
 ^ 
 
167 
 
 be hereunto affixed, Witness our trusty and well beloved Sir Ro^ 
 BERT Shore Milnes, Binxiet, our Lieutenant Gaveritor of and for 
 our siiid Province of Lower Canada at onr Cistle of Saint L'vvis, ia 
 onr City of Quebec, in our said Province, the first day of Janu try^ 
 in the year of our Lord one thousand eight aud three, and lu the 
 forty third year of ouc Reign. 
 
 f (Signed) R. S. M. 
 
 . (Signed) NATH. TAYLOR, 
 
 !- D. Secy. 
 
 J do hereby certify the foregoing to be a true Copy af the Original 
 ais on Record inllie Provincial Secretary's Office in a Register, ioti" 
 tulcd, Reg: ofComins. aud Letters Patent, !So. 2, Foho 87. 
 
 Provincial Secretary's Office, 
 Quebec, 14lh February, 1817, 
 (Signed) 
 
 JNO. TAYLOR^ 
 
 Deputy Secretaryr 
 and RegistejL 
 
 
 ^ 
 
 }i 
 
 .:-_;,yi^iL-_ ^..^ 
 
\ 
 
 fi- 
 
 P^VIMCI OP 
 
 M 
 
 fi^iOfli^W 
 
 GEOJlGKlhe THIRD, by theGiacnoCGodofthe Unitad Kingdom of Great-Brltai* 
 
 and Irclaiui, ICuif,- d f-Midi-r of the Faitij. 
 
 COMMISSION-. 
 
 AppoinU^Kltx,4b (Jtatfi^r Fm.chPr r:«.q.) f Uur twi8>y and wrll beloved L. C. Fourhrr Eeq. 
 
 oneol till- Jiisiici < of llio Court of K 
 Bt'nc!ifor(iio Di fnVi of Moiitrcai 
 II AT. 
 Recorded in ihc office of enrollment 
 
 ' ^ and to nil others whom these presents may concfirn] 
 
 n lire fon: n Rfgiier of letter-, paten i Li'onsKleratKm, ^i* lovalty, iittcgritj' and ability of 
 ""''9;i';'."J;'^il'r'l'.^]^'''"'^^- C^'S"'''^ fyou th^ saitTLoiils CharU-s Foucher, of our f spe- 
 JOHN TAYLOR, Dopt. Secy. J ,,^, j^^aco, certain knowledge and mere motion, 
 have aSsi^ifed cwnsthirted'andWppoihtiJ*!', and^by these presents do assiti-n 'conxtltute ana 
 
 'Ill 
 
 oflice, unto youtho said Louis Chailis Foucherfornnd during our Fleasnre, and your re- 
 sidence within out said province of Lowor-Canada, together with afll anH «lngalar the 
 rights, profits, privileges and emoluments Unto the said Place and Office belonging with 
 full power, all and eve>y the Rights and FrirlUif*!* of AjustiG< of (^vtsaid jGourt of King's 
 Bench foi the dihtr'(t of Montreal afrtresaid, toexewise anii perform in as full and ample 
 a niani;ir as t^Msaoie by. l<iw ii(»\fc of, ought to be done. In testimony whereof we hiive 
 causeti these, onrletti-rs to bf n ade patent and the grt at'seal of our province of Lower- 
 "Ciiiiada to.he,JtCirj'',iurto afli%C«ljimil the «Hme to be entered of Record iirour Register's office, 
 or olTict of i'liiroiimeiils jti out said province of liOwer-Canada, Witness our trusty ainl 
 WcW h.loved Sir GKOROR IRFA'O^T, Baronet, our Captain General and Governor 
 in Cnir* in-ftitj] rrver<rit+p^)rovincts of liOwer-Canada, Upper-Canada, Nova-Scotia, New- 
 Biinisui k. and their several Dependencies, Vice-Admiral of the same Lieutenant Cre- 
 iirral and Commandei of all onr forces in the said Provinces, and inthe Islands of New- 
 Fouudland, Tiince Edward, Cape Breton and Bi rnnida. &c. &c. &c. 
 
 At Our Cnstle of St, Lewis in our city of Qutber, in enr said Province, the tenth 
 day of Deccmlier, in the y tar of our Lord, one thousand eight hundred and twelve, and 
 ■of our reign, the fifty-third. (Signed) G. P. 
 
 (Sittned) JOHN TAYLOR, Depy. Secy. 
 
 1 do hereby certify the foregoing to be a true copy of tlie original as on Record in the 
 rrovincial Secretaiys Office in Register, intituleti " Register of Commissions and Let- 
 ters patent N ® . 4, — Folioj 38. Frovintial Secrtfcuy's Office, 
 
 Quebec, 14th February, :i«17. 
 (Signed) JOHN TAYLOR, Depty. Secy. 
 
 aod Register. 
 
 V 
 
»(f 
 
 HOUSE OP ASSEMBLY, 
 
 Tuetdai/, ISth February, 1817.' 
 
 ^ORDERED, That the Report of the Special ComftiUtce to whom 
 "was referred the Articles of Accusation against Louis 
 Charles Foucheh, Esquire, one of the Puisne Judges 
 of the Court of King's Bench of the District of Montre- 
 al, be ref:)rred to a Committee of the whole House. 
 
 RESOLVED, That this House will, on Saturday next, resolve itself 
 into a Committee of the whole House oti the said Report. 
 
 Monday, 2^th February, 1817. 
 
 Mr. 
 
 Lagueux from the Committee of the whole House to whom 
 Was referred the Report of the Special Committee on the Articles of 
 Accusation against Louis Charles Foucher, Esquire, one of the 
 Puisne Judges of the Court of King's Bench of the District of Mon- 
 treal, reported according to order, the Resolutions of the Committee; 
 and he read the Report in his place, and afterwards delivered it in 
 at the Clerk's table, where the Resolutions were again read, as follow* 
 eth : 
 
 EESOLVED, That in the year 1811, Louis Charles Foucher, Es- 
 
 Suire, being the Provincial Judge for the Court of King's 
 iench for the District of Three Rivers, an 1 nformation in 
 the nature of a Civil Suit, was exhibited and filed on the 
 part, and in behalf of Our Sovereign Lord the King, and 
 in support of the rights of the Crown, against one Pierre 
 J^nacc DaiUebout, that the said Louis Gharles foucher, 
 
 V being 
 
.q 
 
 n 
 
 II 
 
 170 ' 
 
 belnff in the habits of intimacy and frt-ndship with the said- 
 Ue endant, Pierre Ignace Daillebout, drew up a Flea to a 
 certain Intervention fyled in the $aid Cause, in his, fthe 
 said Louts Charles Fouchrr'sJ hand-writing, in support of the 
 interest of him, the said Pterre Ignace DailUbout, and de- 
 livered it to one of the Officcrn of the said Court ordcrino. 
 him to copy It, which was done : and the said copy siencd 
 by the said Pierre Ignact Daillebout, was fyled, and now 
 stands of record in the Cause. That the said Loui^ Charles 
 /?o«rArr afterwards sal as a Judge upon the Bench in the 
 .uiii Court upon the trial of the said Cause ; and assisted 
 in giving Judgment against His Majesty. 
 That the said Louis Charles Foucher, in this respect has been 
 guilty of gross mafversation, corrupt practice, and injus- 
 ice and has violated his oath of office, swerved ftom 
 us dirty to His Sovereign, and has been guilty of conduct 
 tending to disgrace the administration of j«.ikc in Lowell- 
 Canada. 
 
 RESOLVED, That in the year 1814, the ,^\A Louis Charles Foucher 
 being- then one of .lie Judges of the Court of King's Bench 
 tor the District of Montreal, made the draft of a Declarati- 
 on in a Cause, instituted in the said Court, by one Pierre 
 Jgnace pailltbout against one Etienne Duchesnois, and sent 
 the said draft of a Declaration, by the said Pierre Unacc 
 Datlkboutio onii Janvier Domptau Lacroix, an Attorney 
 and Barrister at Law in Montreal, and also an intimati 
 tnend and relation of the said Lmis Charlei Foucher. That 
 thesaid/,«crou brought an Action, in which he used the 
 said draft of a Declaration, and obtained interlocutory judff- 
 ments m favor of the said Pierre Ignace Vai.Uehouf., and alfo 
 obtained a fina judgment in favor of the said Pierre Ignact 
 DadUbaut, for the siim of £'85 r 6 : 5, with costs of suit. 
 1 hat the 8a<d T4>utK i.hnrlfs Foucher drew up the said inter- 
 locutory 
 
 V 
 
■■'W» 
 
 /#' 
 
 tm 
 
 171 
 
 loculory JadgmenU^ which now appear of record, in the 
 hand-writing of liim, the said Louts Laarlcs Foucher, who 
 aUo assisted iu rendering the final Jud^n>ent, 
 
 Thatihesaid Zou2iCA(zr/«5 Foucher, in this respect has been 
 guilty of gross malversation, corrupt prnclice and injustice, 
 and has violated his oati of office, swerved from his duty 
 to His Sovereign, and has been guilty of conduct tending to 
 disgrace the administration of justice in Lower-Canada. 
 
 RESOLVED, That in the year 1815, the said Louis Charles Foucher, 
 then being one of the Judges of the Court of King's Bench 
 for the District of Montreal, held alone a Court, called Uie 
 Inferior Term of the Court of King's Bench, that in the 
 said Court, the said Louis Charles Foucher was guilty of a 
 denial of justice, ef great oppression towards C7iar/« For- 
 ieous, Esqnire, Attorney and Barrister at Law, tlireatening 
 ille£all\ and unjustly to suspend him, without any reasona- 
 ble cause ; uiid at the same time, using low and insulting 
 language, unworthy of a British Judge upon the Bench, 
 such as : *' Hold your tongue, your question is stupid, you 
 *' tell a falsehood, what you say is false, it is a false- 
 *' hood ; and I do not hesitate to say, in open Court, 
 ** and in the face of the public, that 1 do not understand 
 " that you should come here to tell a falsehood ; I am only 
 " accountable to myself for my conduct : I am the re- 
 '' presentative of the King, I do not hesitate to say, that 
 *' upon the Bench, 1 am greater than His Majesty, be- 
 " cause His Majesty himself comes to my tribunal to be 
 " judged." The said Louis Charles Foucher then proceeded 
 "with anger, to give Judgment against the Client of the 
 said Charles PQrU9us, refusing at the same time tu hear his 
 witnesses. 
 
 Y g That 
 
 ■H' 
 
 
I 
 
 That the said l:ouis Charlet Fonchef, in tM» wsp? f f, lias bcctr 
 S:Hilty of gross malversation, corrupt praclice and injustice, 
 and hag vioJttted liisi oath ot* office, Hwerred from hi« duty 
 to His Sovereign, and has disgraced the administration of^ 
 justice in Lower-Canada. 
 
 RESOLVED, That in the Month of Mny, 1814, the said Loui$ 
 Charles Foucher alone heW a Court, called tiie Inferior 
 Term of the Court of King's Bcnchfor the District ot Mon- 
 treal, and the said Loun Charles Foucher pronounced u final. 
 jud/,rment m favor of a Plaintiff, one Susanne Lahaie, against 
 %. Defendant, one Louis tausineau^ and afterwards the said: 
 Louis Charles Foucher, caused the said judgment to be erased 
 and scratched out from the Register, and in the Month of 
 September following the said Xow;5 Charles Foucher, render- 
 ed a second final judgment in the same cause, which judg- 
 ment was in favor of the said defendant. Louts Causineau, and 
 dismissed the Action of the said Plaintiff, Smann* i^haie, 
 and on several other occaaioiiit, the said Louis Charles Foucher 
 has caused Records to be altered^ erased and scratched out. 
 
 That the said Louis Charles Foucher, in (his respect has been 
 guilty of fifross malversation, corrupt practice and injustice, 
 and has violated his oath ofolBce, swerved from his duty to 
 His Sovereign, and has disgraced the administration of 
 Justice in Lower-Cauada. 
 
 The Question being put on the said Resolutions it was 
 
 RESOLVED, Tliat this House do concur with- the Committee in the 
 said Resolutions. 
 
 RESOLVED, 
 
 i\ 
 
rrs 
 
 RESOrVKD, That an hainhle Address be prosented to Hfs Royal 
 HighnesMtlie Prince Hef»;«nt with the Kesoluiians annexed, 
 and also an humble Address to His liJxcellency the Governor 
 in Chief, uraving hrm to be pleased to tran«mit the said Ad' 
 dress tollisRoyal Ilighni'flsthe Prince Regent and prayinpf 
 His Excellency also to suspend Louii Charles Fcucher^ Es- 
 quire, from the ofliee of Judge of the Court of King;'s 
 Bench, for the District of Montreal, until the pleasure of 
 His Royal Highness shall be knowHr 
 
 RESOLVED, That a special Committee of Seven Members be ap- 
 pointed to prepare and report di-afts of the said Addre9fle». 
 
 ORDERED, That Mr. Sherwood, Mr. A. Stuart, Mr, Panel, Mr, 
 Gugy, Mr. Tuschereau, Mr. Borgia and Mr. Ogden, do 
 compose the said Committee. 
 
 M. 
 
 Tuesday, 2 ^/i FeK 1817. 
 
 R. Sherwood, frorri the Spcctal Committee, appomted to 
 prepare and report (iraught* oF'Adfltesses to His Royia\ High. 
 Hess the Prince Regem, and to His ExceWency the Govrrnor 
 in- Chief^ purstiant to the Resolutions o4 this House of yester* 
 day, reported; that the Committee haid prepared the said' Ad- 
 dresses, and had directed him to submit them to the House 
 whenever it &ha41 he pleased to receive the same, And he read 
 
 the 
 
 L 
 
 il 
 
 «jfc. < .. .> .i . 
 
 -i#*-' 
 
^ 
 
 J^; 
 
 174 
 
 the Report in his place, and afterwards delivered it in at the 
 Uerk s table, where it was again read. 
 
 The Addresses contained in the said Report^ are as follow- 
 ' ctn : *^ 
 
 TO HIS ROYAL HIGHNESS 
 THE PRINCE REGENT. 
 
 WE, His Majesty's loyal and faithful subjects, the Com- 
 mens of Lower Canada, in Provincial Parliament 
 assembled most respectfully beg leave to approach your 
 Koy»l Highness, and to represent to your Royal Highness 
 that Louts Charles Foucker, esquire, one of the Tudges of 
 His Majesty's Court of King's Bench for the District of Mon- 
 treal, has been accused before us of high crimes and misde* 
 meanorsin his capacity of Jfud^e as aforesaid ; 3nd that, after 
 a patient and diligent examination of witnesses, the testimony 
 «f whom we now transmit, we have unanimously adopted se- 
 veral Resolutions as Articles of Complaint against the said 
 Louis Charles Foucher, esq. which are hereunto annexed. 
 
 The impartial administration of justice, one of the most 
 important privileges of our fellow subjects in the United King- 
 dom, as declared by our revered and beloved Sovereign, hath 
 been by the said Louis Charles Foucher swerved from, in 
 various instances referred to in the said resolutions. 
 
 The Criminal Law of Er gland, and the free trial by jmy, 
 
 in 
 
 lit : 
 
 ■"'•.' "f*i>-..„ 
 
175 
 
 in criminal cases, has been granted to His Majtjsty's loyal sub- 
 jects of Lower Canada, by ihe wisdom and justice of the Bri- 
 tish Parliament ; and they would be deprived of ihe security 
 for reputation, liberty, and life, which the criminal Law of 
 England, and the free trial by jury are calculated to afford, 
 if a Judge destitute of uprightness, should be allowed to act. 
 
 That as by the municipal Laws of this Province, the greater 
 number of ciyil suits are tried by the Court without the in- 
 tervention of a Jury, the sole security for the property of His 
 Majestys loyal subjects in this Province, is to be found in the 
 integrity of the persons to whom the administration of justice 
 is confided. 
 
 Wherefore, We, His Majesty's faithful Commons of this 
 Province, most respectfully bfeg leave to be permitted to lay 
 at the feet of Your Royal 'Highness, the grounds of our com- 
 plaint against the said Louis Charles foucher, esq. and pray, 
 that in consideration of the premises, he may be removed from 
 his office ; and that the authority of His Majesty's Govern- • 
 ment may be interposed in such way as in your Royal High- 
 ness's wisdom may appear necessary for bringing him to ius- 
 ticfri *• 
 
 BY 
 
'm^[ 
 
 D» 
 
 I 
 
 m 
 
 176 
 TO HIS EXCELLENCY 
 
 3ir JOH>J COAPE SHERBROOKE, Knight Grand Cxcm 
 of the Most Honorable Military Order of the Bath, Cap- 
 tain^General and Governor in Chief in and over the Pro- 
 vinces of Lower-Canada, Upper-Canada, Nova-Scotia, 
 New-Brunswick, and their several dependencies. Vice 
 Admiral ot the same, Lieutenant-General and Con»raan- 
 der of all His Majesty's Forces in the said Provinces of 
 Lower-Canada, -and Upper-Carada, Nova- Scotia and 
 New-Brunswick, and their several dependencies, and in 
 the Islands of Newfoundland, Prince-Edward, Cape-Bre- 
 ton and Bermuda, &c. &c. &c. 
 
 WE, His Majesty's most dutiful and loya! subjects, the 
 Gommojis of Lower Canada, in Provincial Parliament 
 assembled, humbly beg leave to represent to Yo^r EKcellcncy, 
 that we have found ourselves constrained by a sense of duty, 
 to direct our attention to the investigation of certain accusa- 
 tions brought against the honorable Louis Charles Foucher, 
 esq, one ot His Majesty's Puisne Judges for the district of 
 Montreal, upon which, after mature deliberation, we have a- 
 dopted certain Resolutions as articles of Complaint against 
 the said Louis Charles Foucher ^ esq. «nd have made an hum- 
 ble Address to His Royal Highness the Prince Regent, which 
 ■we have now the honor of presenting to Your Excellency, 
 and pray that Your Excellency will be graciously pleased to 
 transmit them to His Majesty's Ministers, to be laid before His 
 Royal Highness the Prince Regent, together with the docu« 
 Jnents accompanjing the Address* 
 
 And 
 
 I 
 
 '■A 
 
 \%i 
 
 i 
 
 '^i0^' 
 
• ' m. 
 
 Atii ve humbly beg '«**«* to represent to y«iiTl!xQel:l*irejr, 
 ^at from the iroporttinee and magnitude of ihf charges which 
 ve have deemed it our bounden duty to exhibit against the 
 said Lmis Charles foucher, esq it viould be inconsistent with 
 the honor and dignity of His Majesty's Governiiient, and the 
 interest of His faithful subjects in this Province, that the said 
 lout's Charles /bwcAw, esq. should continue to exercise the 
 high and important duties of his office, while the said charges 
 are depending against him. In representing to your ExceU 
 lency \hc necessity of suspending the saidLowM Charks Fatf' 
 €her, esq» from his office, we only act in conformity to the 
 principles which our beloved Sovereign manifested, when he 
 was graciously pleased to declare from the Throne, to both 
 Houses of Parliament, that he looked upon the uprightness of 
 Judges, as one of the best securhies to the rights and liberties 
 of His loving subjects, and as most conducive to the honor of 
 his Crown. 
 
 Therefore, We, His Majesty's faithful Commons of Lower 
 Canada, humbly pray, that your Excellency will be graciously 
 pleastd to suspend the said Louis Charles FoucJier, esq, frpm 
 ois said office, until His Majesty's pleasure shall be known. 
 
 RESOLVED, That this House doth concur in the said Ad- 
 dresses. 
 
 ORDERED, That the said Addresses be engrossed. 
 
 RESOLVED, That the said Addresses be presented to Hi« 
 ExcellcDcy the Governor io Chief, by the whoIcHouse, 
 
 ■\ 
 
 i 
 
 te 
 
 I 
 
 'i^^f*' 
 
 ^^ft.'.i ■_ ii^mF^^'^ *"■ ■'■**fc»B^"^'*^ 
 
 ^'nta.,.. 
 
•^:imms^ 
 
 ■ W' 
 
 ■^ 
 
 i 
 
 V79 
 
 ORDERED, That M)-. Panet, Mr, Gugy, Mr, Davidson, 
 and Mr, Dessaulles, do wait upon His Excellency 
 the Governor in Chief, to know when His Excellency 
 will be pleased to receive this House, with the said 
 Addresses. 
 
 NWMM94MIIWimM 
 
 M, 
 
 Wednesday, 26ih February, igir. 
 
 .R. PaneU accompanied by ihe other messengers re«. 
 ported, that in obedience to the orders of the House of *yes. 
 terday. they had waited upon His Excellency the Governor in 
 thief, to know when he would receive this House, with its 
 Addresses to His Royal Highness the Prince Rep-ent and His 
 Excellency, and that he had been pleased to say, he will re- 
 ceive th'^ House on Monday next, at one o'clock. 
 
 A 
 
 Monday, ^d March, 1817. 
 
 .T the hour appointed, Mr. Speaker and the House went 
 up to the Castle ol St. Lewis, and presented their Addresses. 
 to His Royal Highness the Prince Regent, and to His Excel- 
 lency the Governor in Chief. 
 
 And being returned, 
 
 Mr. Speaker reported, that the House had attended upon 
 His hxcellency [he Governor in Chief, wi'.h their Addresses 
 to which His Excellency had besn pleased to make the toi* 
 iQwing answer : GentUmn 
 
 i 
 
 ■■j'^^^'A, 
 
., -■",».."— ■"•^-..ic;«-,.^,. 
 
 <«'!. 
 
 K*"* 
 
 '% 
 
 17^ 
 
 Gentkmen of the Home of Assembly^ 
 
 • I shall not fail to transmit to His Majesty's Secretary of 
 State for the ColoKies, for the purpose of being laid before 
 His Royal Highness the Prince Regent, the Resolutions which 
 you have adopted as ar' 'cles of complaint against Louis Charles 
 toucher, estjuhre^ one of His Majesty's Puisne Judges for the 
 district of Montreal, together with your Address to His Royal 
 Highness the Prince Regent thereupon, and the documents 
 accompanyitig the same» 
 
 Many objections would have arisen to prevent me from sus. 
 pending Mr. Justice Foucher, on your Address; but particu. 
 larly the precedent furnished by the conduct pursued on a si- 
 miidr occasion, by the late Governor in Chief; respecting 
 whioV, as Hie Majcsty's Government do not appear to have 
 stated any explicit opinion, I couid not but feci some doubt. 
 
 But this difficulty has been avoided by my having already^ 
 on an attentive perusal of the evidence adduced in the course 
 of this investigation, and under the authority vested in me by 
 my commission, communicated to Mr. Justke Foucher, my 
 desire that he shall abstain from the exercise of his judicial 
 functions, until the determination of His Royal Highness the 
 Prince Regent, with respect to any further proceedings oa 
 these accu&jtions, shall be made known. And for this pur- 
 pose,! shall report to His Majesiy's Government the line of 
 conduct 1 h«iv^ thought it necessary to pursue on this occasion* 
 
 i 
 
 FINIS. 
 
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