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Les diagrammes suivents illustrent la mAthode. ta ure. ] 1 f 2 3 f 6 PA - -.■ ^ ■*f"¥"iW5!WP"'P^^P^ \ *i ^ ppff ir ¥*.- f) .« \ ru; '■:^R'^t,v ^ -■m'r: iN Tkti Assembly Of ■i> '^^. ^ tOWER CANADA ON THE ;V :^;*jV,:i ' .i,'~- RtTLES OF PRACTICE OP THE COURTS OP JUSTICE, AND THE »i IMPEACHMENTS JONATHAN SEWELL '^■■», AND ■■'*' -'"'-'^-^--''jl^^ JAMES MONK, Esquires., .: . .v>3. ■-'vS'^.J-V: [■''': ',,:>'} . > 4^ PRINTED BY ORDER OP THE HOUSE. 1814. ■M <;," ->-| '^>'-*i; r ^ ' ^ ■ . • -, '■■it-. > - ■ .< . . >;r - :, . ' * , ■'■'.,■ '■ ■ ■• - -■..;,•'■ 'f'--:.': >:''■■''■. >;".\'-v.y'\v^*;- ^'V;v^''"'* * ■•^x. -'- :> ,f.r;> .,-. HOUS:^ OF ASSEMBLY, R •>^'^^■• Friday t 14M January ^ 1814. ESOLVED, That this House will, on the twenty-second infianr, resolve ittclf into a Committee of the whole H'ufe, to take into confideration the power and authority cxcrcifed by His Majefty's Courts of Juftice m this Province, under the de- nomination of Rules of Pradicc. . ^ . . *, The House, pursuant to the foregoing Resolution, resolved into Committee on different days, and on Tuesday the first February, Mr. Dinechauy the Chair* man, reported, that the Committee had come to several KesoUitions, which he was directed to submit to the House, whenever it shall be pleased to receive the 6afne and it was. Obpered, That the Report be received to-morrdw* -*- . -u ■J ■ J 4. - - Wednesday t 2d February^ 1814, MR. Denechau^ from the Committee of the whole House, to whom It was reft-rred to consider the powers and authorities exercised b> me Courts of Juftice in this Province, under the denomination of Kules of Practice, reported, according to order, the Refolutions of the Committee : And he read the Report in his place, and afterwards de- livered it in at the Table, where the Resolutions were again read by the Clerk, and are as fpllowgth, viz ; . . ■ : ' ' ■ ' •- '/V .;' '^ r]: . '^KlO^. " ■ , ■ " RESOLVED, that it is the opinion of this Committee, that the Legisla- tive power in this Provmce is exclusively vested in His Majesty and in the Le^iflati.ve Council and Assembly, to whom only, in the said Provmce. it belongs to make laws for thcwclfarc and goo4 Government of the said Province. . * 2 That the Laws, usages and customs' of Canada', secured and con* firmed lo the inhabitants of this Province by the act of the Parlia- inen( of Gresit fjitaip in thcit behalf made, can in no respect be. altered, . • I ' 2 - * -' ^ • *^ #ltef«4> fh|^gcdviMififid» <»ccpt byil^.aiiijj^hw the Le* gUiaturcofthiij^roMJuo^,; i vliv -^v 3* That the power and authority of Hia Majesty's tJourtadf Justice ' t iii this pfQviiKc^pe purely jucUrialf an^thi^t.^O' aljtenifion of the krsaid |j»^'fao*bfr«Mia?hy the jH^geKcffthf said pouivs, without S[rri/Kheinf8b;<;iMniiifAib:^$^«£itheiit ^ynj^ ^^-^Ipl^on of chcir 4. ^al5 0K pfiftawi r^»tetion8^^ uwjar pfc^^^^ of if? J8«(i/« tfn9f Pr-actiUt* made% the, Courts ;o^, A ppfaU of this pro- vince on the 19th day of Januiiry 1S09, and still in force, the ^v^ tsaid CtMrt of Appeals^ of wfcich JtMathan,:l^tmU^.^({, Chief ^\' Jultfcc. of thiK Provintf,) was ^ndntiU jis pFBsi4eQ^';^1i«X(;eTcised "^, a Legislative authority, and ;>f,. .'o) h;«i Vh ?i • . :'if!->',f;n-", • ■ ■' • "f.'^ tyitifHY l)$tti u ^■.i^. yt f!* :*iL ^.Thdt His Majesty'4 Court of Xing's Bench tor tKe District of Qjiebecj myi)xic\x Jonathan Stz^ll, (Esk^, as Chief Jiist^ce Of this Province, pKsidea» jby oeriaiiY r/$gM[|ai4ohs under tne/JMine of ** RuUs and ardns tf Practice,**., made in the terfn 'pf /October. 1 809, and still in force, hath exercised a Legislative authority and established rules afiTecrifig the civil rights of His ;Majestyf'il sub- jects^ contrary to and subversive of the Lawrsof this rrovince. 6. Thar His Majeaty^s Coqrt 'of Xing's fiench for t^e, pistrjct of Montreal, t>t Tvhich James Monk^ Esq* is Chief Justice, by cer- tain regulationa under thename of ** Rules and Qr4ers ej^rfittice,* made and published in the term of February 1811, and at subse- quent times, and still in force* hath exercised a Legislative; .autho. rity and established rules affecting the civil rights of His Majesty's subjects, contrary to, and subversive of the Laws of this Province. , That an arbitrary and imconftitutional authority hath, by the faid Regulations of the faidCourts, been exercifed in refpect of the Attornies and Offi(;ersof the faid Courts, by declaring them guilty of the crime of ** Contempt*' in certain cafes, to which the raid Courts have in their difcretion thought fit to apply that crime V -...li.. oi . ^..M:. :and \ ■ y t ■'■ 'h. ■ ii. A<(^^=t:-;ivv .•-:iij..- «i ■ ■ ■ ,- W'-': ■ ' 'v. ,»■> V.-, > ?. ' %ti6hj fu^^^ithik' i6 ft^ercf proCeeu^nt and' pemilcievf to which they wfrc^noc Imt^lc by Ac law of the landi , ; '. > S. That by thtti'faid Rjbniliations, Hii Majefty's Subjects are, iw cer- tain caifet, ^timuftl jr aiKf iftegath debarred frortldthe profecMtion and defende 6f ^Heir righ(k ifi^rhe Aid Cdilrts, «inleft 'they previously make depoiitt of money, not required by lav to be ltnulc,;^kKreby the benefit cf the Laws, and the adminiftration of Juftice are denied to His Majeliy'«' Subjects, ^xce^t on conditions prefcribed't^ the /|v faid Coilrts, ^ith which miany of them nuy be unable to tonlply. ^ 9. That by the faid Regulations, rules of prefcription contrary to law, ' and iiei[triict»v;,''^and pireicaHW, i^ml gi^e to the Judges an arbitrary authority over " V'^' the perfohs-aftd property df His Majefty'a fubieds in this Provioce. :0HciRi6i -That ihe queftion of concurrence be put on the faid Refo- 'v^,.. (. ■ ' ! '" , iutions.'T"^;;' .- •♦^•' |"r .-** ' -^^'^''^'.r^**^**?- *;*|*>'S;«««»fi'*:?s',* ^'p^tT'-Y'i-Bif ':;.;■". ' « >/ And then the Houfe adjourned. ; , * , t • ; f T^HE Houfe proceeded t^'take^into confideration the order of the J, fecond inllanr, for putting the quellion of concurrence on the , • Rcfblutions '»■■ ■ .1* ■ ♦r ■ ,*.* • *'\ h ■ ! - 1-, '.K\.^r■'?'^■-'•i *>v- Refohitipiii of the CommUtec of the whole Houfe, to whom ii! wu re- fcf red to take into coniideracion the powers and authorities ezercifed bf ' the Courts of Jtiftice in this Province, under the denomination of Rulet^ ofPradlice. . hu[, u. d-i'io^^^^. .• , -'':"'.[ '' »-■- !'- And the faid Re(olutipn* ^» The (jnrenth to the tenth, inclufive, Yeas 19— *Nayt <• ^ ^ ^ ^ I' -iTie'iittirei^; Yeas ■i7---Nayi 5. •- ■ ? ^'n^k^i^ itiS3*^^._^^:::;^r?ifi; c And it was l RisoLVBD, That this Houfe doth concur with the Committee, in the faid Refolutions. , RisoLVED, that a Committee of feven Members be appointed to exa«^ mine particularly the Rules of Practice of the Courts of Jus- tice in this Province, and report in detail on the principal points wherein they are contrary and repugnant to the Laws of the Land, and to enquire into any circumstances that may appear to them material, relatively to the faid Rules of Prac- tice, and the Practice of the faid Courts, and that the faid Committee do alfo report their opinion as to the course which * it is expedient to purfue for vindicating the Authority of the Legislature, and reprcfling fuch abufes of Judicial Power : and that the faid Committee be empowered to fend for per- fons, records, and papers. OrdiRID, that Mr. Stuart ^ Mr. Borgia, Mr. Papinenu, Mr. Lee^ Mr, Bourdagfs, Mr, Blanchei, znd Mt, Jofepb Bedard, do compofe the faid Committee. ^•^M^ ;- - . - .- ,, , , ... ff^ednesdajfi ^ ■ " • ' ' . ■ 1 ,,v. • I.- V , \ ■ I,' 's ■•.. V. i H. V .- : I * '. r , < " ' the Riiles of Pradice of the Courts of Juftice in this PNHtkl|:9i • and report in detail on the principal points wherein they are contrary and npaglniLhi \b iht lit^t at thi6 LkAd, Mi4 ttt KA^ttilUe into ta^ dr. cumftances that may appear to them material, relative to the faid ftiHcr of Practice, and the Practice of the said Courts t and alfo to report their opinion, as to the courfe which it is eipigdi^li6^mi(i «ik^ ^i. eating the authority of the Leginattire,.and repreflinff fucli abufei of ' Judicial Powers reported, that the Cbmitilite^ hid fmitfed t R^rc ^ accordingly, which he was directed to. fubmit te tiie Houfe. . when^yer it ihall be pleafed t6 receive the fajne. , ; 1/ *. * ', • ' » • ■ f J ■ rt YF« '' ; And he read the "Report in his place, ana atterwaras aehvefifd it tA at the table, where it was again read once ttnroughoucl^y the Clerks and is as foUoweth, VII, >:'.^k fli.?: -aj. ,■: '■:■ 5.1^ ^»ir/jif^../,./. 'v^ ^^'^^^- ; ^ \ ■ -.^■••- •■ V ■ COMMITTEE- ;(;._■■:/■ , t. w 1 . ■ - ^ / 1 : ■■^' 1, -■■ f. ^ v- / . «A I tf . . -^^A. u*; i ^''*t!^ ;?;!'£ COMMITTEE ROOM, 15ih February, 1814. Report of a Committee appointed to examine particularly the Rules of Practice of the Courts of Justice in this Province, and report in detail on the principal points wherein they are contrary or repugnant to the Laws of the Land* and to enquire into any circumstances that may appear to them material relatively to the said Rules of Practice, and the Practice of the said Courts, and al«oto report their opinion as to the course which it is expedient to pursue for vindicating the : Authority of the Legislature, and repressing such ■ abuses of Judicial Power. YOUR Committee, impressed with a sense of the great important' ce of the subjects referred, have given them the most deliberate consideration, and beg leave now to submit their Report in obedience to the Order of this House. Your Committee have in the first ins- tance directed their attention to the Rules of Practice of the Provin* cial Court of Appeals —In the preamble to these Rules, certain clau- ■ 8CS of Laws are recited apparently as the authority in virtue of which the Rules have been made. These are the 6th Par. Prov. Ord. 27 Geo. III. c. 4. and the i6ih Sec. of the Prov. Srat. 4isr Geo. 111. c. 7. By the former it ig declared " That the Provincial Court '< of Appeals shall have authority to make Rules and Orders to regu- " late, effectuate, and accelerate the proceedings in all causes of " Appeal for the advancement of Justice, and to prevent unnecessary « delays and expence in the same ;" and by the latter it is declared, «« That the dift'erent Courts of Civil Judicature in thik Province shall « have power and authority to make and establish Rules and Oiders « of Practice in the said Courts, in all Civil matteis, touchirg all ,: , B «* lervicet ; _^ t; *« services of Process, execution, and Returns ot all Writs, proceer '* dings for bringing causes to issue, as well in Term time at out of ** Term, and other matters of regulation within the said Courts." It appears to Your Committee, that the Courts of Canada under the French Government, prior to the Conquest, neither possessed, claimed, nor exercised the pnwrer of making Rules to direct and go- vern their Prartire, adequate provisions for that purpose having been made by the Common Law of France, and the Ordinances of the French King, to which those Courts were bound to yield an impli- cit obedience. The alterations made in the Judicature of the Country, and the English Forms of Judicial proceedings introduced subsequent* ]y to the Conquest, having made many of the Regulations of the French Law inapplicable, some Rules became necessary to settle points of Practice nor regulated by any existing Law. To Sanction the poller of supplying such deficiencies in matters of mere practice, by occasional Rules, appears to have been the motive for the enact- ment of the clauses above recited. And by those Clauses, it is the opinion of your Committee that the Legislature has recognized in the Courts to which they respectively refer the power of regulating, by Rules not contravenmg any known Law of the Land, the matters of Practice specified in them. This limited power appears to Your Committee to have been exercised by the Courts, without exciting complaint or alarm till the making of the Rules of Practice of the Provincial Court of Appeals on the 19th January 1809, when that Court thought proper to take a much wider range for its regula- tions, and set an ej^ample of encroachment on the Legi!>lative Authority vfhich has been two successfully imitated by the Courts of original Jurisdiction. Your Committee will here notice the most material of the regulations by which, in their opinion, the Court of Appeals has exercised Legislative Authority. . , . 1 By the Common Law of Canada, a party aggrieved by a judgment final or interlocutory had a right to appeal from it as a matter of course. This right in respect of a final Judgement is recognized by the Pro- vincial Ordinrnce 25th Geo. Ul. c. 2. s. 24, which directs « that the " party meaning to Appeal from any definitive Sentence or Judgement ;* pf any of the Courts &c. sh^ll sue out a Writ from the Court of Appeals^ C( \, ** Appeals, tested and signed by the Governor, Lieutenant Governor *< or Chief Justice, stating that the Appellant complains of being «( ap'gri^'Vfd by the Judgement, and therefore commanding the Judges « of the Inferior Court, or any two of them to send up the original " papers and proceedings &c. and the Writ, it is declared, shall btf <* allowed by any Judge of the Inferior Court, after the requisite se- ** curity has been given." The right of Appeal from an interlocutory Judgerrent is permitted by this Ordinance only in certain cases, and after an Order of the Court of Appeals granting an Appeal has, on morion ot the party in that behalf, been made i but such motion may, by Law, be made at any stage of the proceedings before final Judge« ment Restraints and Restrictions have by those Rules of Practice been laid on the legal righfof Appeal from Judgments both final and in- terlcrutory By the 8th Section of the said Rules, it is declared ** That no Writ of Appeal from any interlocutory or definitive Judge- <* ment given in the Court of King's Bench for the District of Mon. «* treal, or in the Court of King's Bench for the District of Three- <* Rivers shall issue m any suit until the party Appellant in such Suic *( shall have deposited in the hands of the Cleric of this Court, the " Sum of four pounds, to defray the postage of the record in such Suit, « and the overplus, if any there be, shall by the Cleric of this Court •< be paid to such Appellant on demand,*' And, by the 30th Section of the same Rules, it is declared " That no motion for an Appeal from »• an interlocutory Judgment shall be made or received at anytime: «« whatever after the first Day of the Term of this Court neiit after *• the day of the date of such interlocutory Judgment, the April Term «( pf the Court excepted, during which any such motion shall be recci- (« veduntil the Uxih day of the Term inclusive." Your Committee refpedfully fubmit their opinion, that thefe Regu. lations are not only contrary to Law, bur imply the affumption of 3 power by which at the pleafure of the Judges the whole fyltem of the l^aws might be rendered a dead letter and incapable of conferring the benefits it was intended Ihould be derived from them. By the firft the right of appeal is denied except on a condition prefcribed by the Court, ana it is obvious that if the Court could make the depofic of a fum of money a condition precedent to the right of infVitut. ing an appeal) they could impole any other conditions they might B a ihink ,'.i^-'\'-.,^Y ;;.:', vv;. v;\y-^ ■■..,••, ■f ' i^ tWnk fir to ihc cxercifc of ihat righr^ and fo ihacklc it as to rtndcr it unayailmg. The requiring of a larger depofit would alone (hut the door of juftice to many perfons a^g.icved by unjuft judgments, and the power of indefinitely increaling the amount of the depo- fit, which is implied in the difcretionary power aflumcd by the Court, might be fo exercifed as to exclude all perfons whatever from the benefit of an appeal. It is evident alfo, that this power, if admit- ted to bar a right of appeal, might be applied to bar any other legal right, as for infl:ance the right ot inilitutingor defending an adion, and the King's fubjeifls be thus excluded from the exercise pf legal reme- dies for wrongs done to them, and debarred from making their defence againft unjuft demands. Your Committee will have occafion to Ihew that the Courts of original jurisdidtion have realized ihelc evils by de- priving parties in certain cafes of the right of pro(ecuting or defending their rights, unle(s they comply with fimilar conditions. By the fecond of the iaid Regulations, your Committee are of opin-* ion, that a rule of the nature of a law of prelcription has been efiablilhed, whereby the King's fubjeds are deprived of the benehtof an appeal from an interlocutory judgment unle/s they exercife the right of appeal within the time prefcnbed by the Court, and may thus incur great lofs and injury When, your Committee confider that nothmg ihort of the Su- preme power of the counti-y can bar or extmguiih a legal right of the meane4of the King's fuojeds, they muft both feel and cxprefs alarm ac a rule, by which a Court of Juftice arrogates to icfelf the power of pre* fcribing and barring a right common to all.. ,^, ,. ^. , By the Provincial Statute 34 Geo. III. c 6. commonly called the Judicature Att, the Courts thereby eftablilhed are made competem to ext-fcife their judicial powers in certain Terms or defined fpaces of time, and four luch I'erms in the year are allotted to the Court of Appeals. All Writs i>f Appeal, before the making of thefe Rules, were, and as your Committee believe ought to be, made returnable on fome juri- dical day in one of thefe Terms, in order that the Refpondent may have a day in Court to appear and anfwer to the demands of the Ap. pellant. But an innovation in this feiped has been made by the 9th Section of the (aid Rules, whereby it is ordered " That every Writ of •♦ Appeal % ' .*- « « *■ 1^9 .•ii ** Appeal as well from an interlocutory as from a definitive judgment, ** rn be hereafter iffued, (halJ be telted upon the date on which the (ame ** fhall IfTue, and every fuch writ (hall be returnable in fifteen days from ** the day of ihe tefte thereof." Your Committee are of opinion that this Rule, in fo far M i( makes a Writ of Appeal returnable out of Term, is lUegaJ. - -^ I*;^^* ^ ^ . * " ^ «( (I fi (f. By the loth Section of the faid Rules, it is declared, " That every Prnfhonotary who, without lawful caufe, fhall refufe or neglect to make return of any Writ of Appeal, which fhall be ifTued in any Suit, and by him be received within the period thereby allowed for the return thereof, shall be deemed and taken to be guilty of a con- " tempt of this Court." . . * - • Your Committee beg leave to submit, that the power of punifhing for contempts as exercifed by the Courts in England, was not known in the law of this Country as it flood at the time of the conquefl. To what extent that power may have been introduced by the Criminal Law of England, in force in this Province, it is not ncceflary to enquire. For admitting that the power of punifhing for Contempts, as regula- ted by the Criminal Law of Kngland jias, in this Province, been de- rived from that law, it can only belong to the Courts of Criminal-Ju. rildiction, and from it, your Committee apprehend, no right can be inferred in any Court to determine what in future fhall conflitute the crime of " Contempt," the power to do so belongmg exclufively to the Legislature. And your Committee are therefore of opinion, that the faid laft mentioned Rule is arbitrary and illegal. They take the Iiberiy of adding alio, that by this Rule, the crime of Contempt is fixed on the Prothonotary for the non-fulfilment of a duty (the making of a Return to a Writ of Appeal) which is not by law im- pofed on him, but on the Judges to whom the Writ is addrefTcd, and from whom the Court of Appeals has a right to enforce the mak- ing of a Return. By the i3ih Section it is declared, " That perfonal fervice of any M Writ of Appeal upon the Attorney who has appeared in the Court M below for the Refpondent or Refpondents, or in ujfaultof fuch fcr- ** vice upon the Refpondenc or Refpondents, at his, her or their do- •v:v-:i;.-. ,■;: /:-\^;-^.-'.v' -.• • . ■( ^ :<' i-r- ^^ .■:,_-:. ^ " niicilc,^ ;i " micile, or in default of fuch domicile, upon the Attorney ad negotia, ** upon record in fuch fuir* ihall be held and taken to be a good and " lufficient fervice of fuch Writ, with refpect to luch Refpondent or " Relpohdents fo fcrvcd in fuch caics refpeciively." • v , ' The Power of an Attorney ad litems is by law determined when final Judgment has been rendered in the caufe, in which he has been retained, and as he then ceafes to reprefent his Client, no fervice on him alterwards, can be, or is by law binding on his Client { yet by this Rule the fervice of the procefs of another Court on the perlon who has ceafed to be Attorney, is contrary to law, declareci legal and binding on his former Client. By this Rule, alfo, the fervice of the Writ on an Attorney ad negotia is, contrary to lau, declared legal. The law of Canada has prefcribed the modes in which procels in different cates (hnll be ferved; among which thofc laft mentioned required by the Court are not ro be found. Your Committee are, therefore, of opi- inion, that this Rule is contrary to law, and in making it, the Court of Appeals affumed to itfelf legiflative authority. By the Provincial Ordinance, 25th Geo. III. chap. 2. Sec. ti;, 16, and 17, the mode of compelling the fyling of Reafons of Appeal and Anfwers to rhem, and the delays within which they are to be fyled, are prefcribed. The Appellant is enjoined to fyle his Reasons within eight days after the return of the Writ, and if he do nor, the Refpon. dent may obtain an order on him to fyle them in four days, and if this order be not complied with, the Appeal is to be difmilTed with cofts. The refpondent is enjoined to fyle His anfwers within eight days after the fyling of the Reafons of Appeal, and, if he neglects to do fo, the Appellant may obtain a Rule, that unlefs he fyle them within four days, he (hall be precluded from fy Img theni after that period. The 16th, 17th, 1 8th and 19th Sections oi the faid Rules of Prac- tice, are in direct contradiction to the faid law, in the following points : I ft. They fubftitutc Notices by the Attornies pf the Parties refpec- tively« uillead of the Rules or Orders of the Court required by the faid /. m 1' ./•. • .V ■ - :»«' •.'•.■■■•■■■• ffiid Ordinance, and make the fame penal confequences attach to ^ noD'Connipliance with the (aid Notices as with th^ laid Rules or Orders. ' adly. They allow only four^days inftead of eight allowed by law, for fyling Anfwers, after the Reaions of Appeal have Ijeen fy led. 3(dly. They allow a delay of ^roo days only, inftead of four, for fy- ling Anfwers after they are demanded. 4th. Although no person, except the Refpondent, is interefted in demanding, nor can by law demand the fyling of Reafons of Appeal, and although by the faid Ordinance the Appellant is. not bound to fy|e his Reafons of Appeal till afcer he is required to do fo by a Rule or Order of Court on mojtionof the Refpondent, and although it be al* together inconfillent with the Judicial Functions, that a Court (houid make an Order in a Caufe injurious to one party and beneBciai to the other, except where ^uch order is demanded by one of the Partiei^, and authoriled by law ; yet by the 17th Section oi the faid Rules, it is declared, " Ihat every Suit and Appeal in wnich the Reafons of Ap. " peal (hall not be fylpd within one Calendar Month from the day uf ** the Return of the Writ of Appeal iifued in fuch Suit, (halt be deem- «< ed and taken to be deierted by the Appellant or Appellants in such « Suit fo neglecting to fyle fuch Reafons of Appeal, and' thereupon <5 difmifled with cofts accordingly, upon the firll (or any fubfequentday) *( in Term thereafter, upon motion for that purpute, upon thcpart of ** the Refpondent or Refpondents, or either ot them, or by the Court ll< ^« #ci0 without fuch motion, as may happen." 5thly. Although no perfon except the Appellant is interefted in d?- . imanding, nor can by law demand, the fyling of Answers to the Rea- fons of Appeal, and although by the faid Ordinance, the faid Refpon. dent is not bound to fyle his Anfwers till after he is required to do (o, by a Rule or Order of Court, on motion of the Appellant, and aliho* the making of Orders in a Caufe not demanded or authorised by law, is as above (lated, incon(i(lent with the duties of a Judge, yet, by the faid i9th Sejction of the faid Rules, it is declared, "That every Suit " in which the Anfwers to the Reafons of Appeal (hall not be fyied « within Ten Days from the day on which the Reafons of Appeal in « fuch Suit (hall be fyled, (hall be deemed and taken to be deferted by the V « rRH 11 . • :v- «* the Refpondent and Rerpondcntfc in fuch Suit fo ncglcctinjar to fyle «* fuch Anfwers, and fuch Refpondent and Rcfpandents wholly prc- ■" eluded from fyling Aniwers to luch Reafons of Appeal, and there- " upon this Court will proceed to hear the matter of fuch Suit, and the " Appeal therein depending «jc |fr Your Committee are therefore of opinioa, that the said 1 6th, 17th, 18th and i'9th Sections of the faid Rules are illegal, and that the Court of Appeals in framing them, hath exereifed Legiflative autho* rity. ; : ■ ■- - - , ,• •.,. ,-. ,, -s , -7.. .,.; ' By the 21(1 Section of the faid Rules, the Appellant and Refpond- ent are required to fyle Cafes within Ten Days after the fyling of the Reafons of Appeal, and if the Appellant do not fyle his Cafes within that time, it is declared, that his Appeal <* (hall be deemed and taken *< to bedefertedby fuch Appellant, and thereupon difmilTed according* n ly, upon the firft, or any lubfequent day in Term thereafter, upon *< motion for that purpofe on the part of the Refpondent or Refpond- « ems in fuch Suit and Appeal or either of them, or by the Court ** tx officio" witlidut fuch motior as may happen, &c. and each Suit « and Appeal in which the Appellant (hall have \o fyled his Cafes, « and in which the Refpondent fliall not have fo fyled his Cafes, (hail •* be deemed and taken to be deferted by fuch Refpondent, and the Ap- « lant heard therein ex parte, without the intervention of the Refpon- •* dent, his Counfel or Attorney, and fuch Order and Decree thereiip. « made, as to Law and Jultice (hall appertain," &c. ■ • ■ ■• ' > The fyling of Cafes is not required by law, but being defignedto fa- cilitate the right underftanding of a Caufe, and fupport the refpec- tive interefls of the Parties, the omiflionof eiiher Parry to fyle them, it would appear, would perhaps be fufficiently punilhed by the difad van- tage to which fuch party would thereby expofe himfelf at the hearing of the Caufe. hy this Rule, in the opinion of your Committee, penal confequences, unreafonable, unjuft and illegal, are attached to an omiflion to fyle Cafes, within the limitation which is fixed, and your Committee are again called upon to notice in this Rule, the cxercife of an '■■- .. • > ■' ■, H ■ ■■.■£ ■ . im ttothdrky i» ojich^ by whkh this Court in its difcrecioil ind #*, mtro moUt deprives ptrtiei of their legal righta. Pfth" 27th Section of the Provincial Ordinance above cited, it ia enacrcd rh.it <* when th? reafons of Appeal and the Anfareri thereto ** ar(^fi^l''d,.ihe' Court flwH, on the application of either of the Par- ^* ties; fix On fuch convenient day for the heaHngof the, Cause, as to ••it may fecm proper." ^> In contradi^bkitnr to t^is La^ and as your Committee conceive, bj^' the alTumptionof an authority at once illegal and incontinent with.th< powers and durics of Judges, it is declared by th^ 24rh fedion of tne faid Rules, "That all Suits and Appeals which fhaU notbe fetdown ** for, heariiig, upon the motion of the Appellant or of the Refpondent H in ea^h^^il aqdi APP^^ ''^Q'^^iycly, on or before the laft d^iy of the <'T0rm ne)C( afteir the day upon v4iich t^e tj^caifops of Appeal in fucH "SiMt andfApp^al fhall be ^yled, ihall forthwitji by the Clerk of this ^ Court be infcribed on the Roll for hearing in AicQeHioiit according to ** the days upon which the Reafons of Appeal in each Suit and Appeal V lefpc^ivfly^ 0ia)l b^ fyled,,,and fuch. buits ari(;i Appeals fo infcribed, ". and each ^frfhem^Jh.aU thenceforth be and remam Cet down tor hear- <* ing until heard or otherwile difpoied of, and if not otherwife difpofed ** of. Cball be called on and come on to be heard upon the firft artd fub-^ «• fcqiient days of the then next enluing Term and Terms in the order ' *f in which thev (hall he lo infcribedt and no Suit or Appeal fo infcribed *■ upon the Roil for htarinc, Ihall be taken therefrom, nor fhall th^' *< bearing thereof be put on without a fpecial application to the Court ** iiroo fonte extraordinary and fufiicient ground, to be authenticated by M anidavit after two days notice to the adverfe party, and ; .* ,y ^ . • , .1 •*«f.iucl|iBarreftcr or Attorney) (hall be held and taken an J be ad«. ** juidged to be guilty of a wilful breach of this Rule, in contempt f ** of the Court, and ihcreafcr no motion (ball be made or received ii|r ** in any Caui'e whatever, by or from fuch Barriiier or Attorney, or . <* fby or from any: other Ba. .ifter or Attorney on his brhalf. unlcfs (ocht, e held and ** taken to be Atprney to fuch Party or PartiesmaU maitera^and pitv- *'. ceeidings whaifpever, collateral aid incidental to fuch buii, as wcU *f before as aft«r final JudgiT^enc." The law of chia j^rov^ice,4n the. opinion of y;Our Comn\ittec, haa; vpy cleat ly detf^i^iiif^d, dio n^tifrq^ ejftent, apd (duration pf the powera of an AuorJKy fi/Jtl«my, ana.|^eN Court of King's Bench has not only, inthc4>p|iit(;mof your Commit- |ee, interpofed its Regulations on the lubject very uanecellanlf, ,^t y^.^ doing fo, has contra vpncd the knowi| law pf tl»e l^n^. , r. .;;-., 5 o r ^ j-j '» t. 7/ J By tl^e law of ^hjs Province,, a fpopies of Prefgription,, ^ii4^r;^tW> name of ** Peremption d'injianee** has been' eliabUihedv, wherf |>y thf;^ difcontinuance or ceflgtion of proceedinga in a. caule during tJjireQ years, renders it liable. to bedifmiflfed, on auplication tp the Court to* ^hat effedV. Nptwr^hftanding this law, the Court of King's Bench, a|i Quebec has declared by. the faid Rules, (Arjt, i6» .%p.. 3^). *>,j;rivjjj V every cafe in which on the part of theiP^intift'or,Piaiiui6pMi>*'^e '? ihall have b^en po proceedings for one whole Term* excluHvc <>t he . <*. ■i'^. .uM : i ■■■I: i" «' Ternvifi wfcNih' the lift prdic^edmg ontftejSrtbf fuch naSAriffof " Plaintiffs was had, (hall on mot|on of the Dcirtidant or Oe'fendanti '* th* rein, grounded upon the Certificate of the Prothonoiary, that no * proceediifgs have been fo had, be difmifled, /auf k fe pouvoir, un- V Icfi good caufe Co tl^e contrary be (Hown by such Phinttif d)- Plain-' *'iiffs/' and by the 191th Arc. of the fame SeAion» it is farther decia* ffd^ M that every Gafe; Suit or Action, in which thrre (halt have b^erf " no proceeding! whatever fbr two whble T'^rnns, c^xcliifive of the <* Tehxi in which the lall proceeding was had. (hall be deemed aniT ** uken to be deferted by the Parties, and thereupon by rNe Court ** ex o^cio,, difmiffcdf fauf a si» pouvoir, each Partv pafying hts oWn •y cofts {• ifid tO'Chis end there fhall be laid before the Cburt by the^ ** Prothonocary upon the firit day of evefy future Terrti, a Irft of ail' 9* Cafes, Suits or. Adlions now or hereafter to be depending, in this « Court, which fllall Have been lb delericdi" ] ^ ;^W "^hefe Regulations are diredlly contrary to the hvrofPerempiion, and efttibllKh a new Rule of Prefcription, by which the Plaihnfi^ incurs, t^ lofs of his Caufe, by not proceeding during one TtVnri; if the Oe- fendiint mov^s to that' effle^t vrherearby the law of the laiid» he >an. incur Alch lof^ dhly whbn hisnegledl'to proceed hii contihU'cd during tbfte ytal's, not cstn his Action after the iapfe of that tinie be difmif- fed, unlefs the £)efcndant deitiahd the difmiffalof it, and any inter ve. ning ftep in the Caufe covers the Prefcri^tion, whereas by the lad of , the laid Rules, the power of difrtiifling it ex cffittoi zftet t'vro Terms, " is attributed to the Court : Your Committee- are of opinion, that the atid' Regulations are illegal, unreafSnable and' arbitrary, in the hi^heft degree, are tnoit injurious to the righis and intereits of his Mdj^cify's fubjedts, and amount to a denial of Jullice. '^ ,4^^^ «>' y^f ■^n\fi x..' ''^^ the idth Art. of the 7th;3ec. of the faid la(t mentioned Rules, it l«'drder«fdi»« that no Plea of Exception, tfedttuioire, Preremptoirc a la. firne, or dilaioire^ be received or fyled. «' urilels the paiiy offering fuch f» Plea, (halltherewithdepofitin the bands of the Prothonotaiy, vhe, «* lum of" 1 wo Pounds Six Shillings and Eight Pence for each and every « fuch Plea, to aiifwer the Cofts of the Kefpondent or Reipundems. «* upon fuch Plea, if the fame ftiall bedifmiffcd ly the C ourt, or wnn-^ !« drawn by liich Party, in the proporuon of- Eleven i*fiiliings aiid . 1 V '. • . « Eight •"■''•■'.'a '■. ■ '. .<■ \- . - . ^ K ^,^/.: ■/.,^' '.'..! >i ! t :*' I* ' ■' ■ V.-" •'!,■■■ 19. ** Eight Pence to the Prothonotary, and One Pound Fifteen ShiHhigi ** toluch RcapondenrorRcfpondentt.*' Your Committee have already exprefled their opinion of the ifl^al and dangcrouft precedent (et by the Court of Appeals, in requirinv ihi^ depoAt of a fum of money ro entitle a Party to the cxercife of the iej|;al • right of appeal. In the Rule U(l cited, ia to be found a moft itafming exerciie of the fame power, by which the right of felfdefenceis mad* to depend on the will of the Court, and a Plea to the Jurifdiclion even of the Court, or Exception DecHnatoire, is not permitted, except on the terms which the Court is pleaftd to prefcribe. Your Commit- tee confider this Rule aa a moft flagrant violation of the right of the' Subjedl, and as being illegal and arbitrary in the extreme. t A Rule of a fimilar defcription, ia 10 be found in the 4ih Art of the nth Sec. of the faid Rules, by which it is declared, <* that the Pany ** who fliall make option and choice of the Trial and Verdid of a Jury <* in any Caie, fliall bear and pay, aa well the fea payable to the levcral <* Oflkers of this Court, for ftnking, fummonins and impannellii^ ** fuch Jurors as the fees payable to the Jurors, who in (uch cafe (hall " appear and compofe che Jury : and to this end the Party ^th.his mo- ** lion for a Vfture Facias, fhall depoht in the handa of Prochonotary ** of this Court the sum of forty shillings &c. and that without such ** deposit a motion for a Jury and Feaire Jacias, or for e^^hier, A^V *' not in any case be received or fyled/* .1 uav^i ''^ Your Committee are of opinion that the said laic men^ioaed ,Ral« jit^ illegal and arbitrary, .^j^ In these Rules your Committee have also remarked R^latioiit of a Legislative nature, as to the proceedings to be observed preparatory to the distribution of monies arising trom judicial aales, by which t|ie old course of proceedii^s in such cues is sec aside, and a new system introduced \ a conspicuous feature in which, is a constructive admia. aion of demands to any amount eatablished by the authority ot the Court, whereby the necessity of proof to establish them is superseded, —and these regulations your Committee are of opinion arc arbitrary and illegal. ^^ v-'-'-'-'v;.;.: ■>:•-■• '-v:, ..■.-■^•■.' ■"*■':', ^ v^ . . -.:: • ',.... The :?v,i* -if. . .V" '-• -r(- •* . "*■.' . ■.< The occaiioni on which an Election of JotniciU it required and the mode in which it ii to be made are deternr«ined bv Taw, and in ^p instance is there any specific form in which the Election is to be made : nevertheless, by the 6th art, of the iith secifipn of the saij Rules, the Court has assumed to itself a l^cgislarive authority, by Srevcnbing an Election of domicile in a case in which it was previous- ' rrquired )9y |^w and by requiring for ita validity, when mad« without the ministry of an attorney, that it shall be male in pertain prescribed Words, without the adoption of whifch, Individuals are not permitted to prosecute the recovery of their rights. By law alad there is no prescribed form for an opposition a^n de eonter- ver, it is sufficient' that it contain the legal grounds necessarv for its va- lidity, and no evidence of the farts on which it is founded need be produ- ced or fyled at the time it is made : nevertheless the Court by the yth and 9ih atticlcp of the 1 2th section of the said Rules not only prescribe s .1 set form in which such opposition must be made, the slightest deviation from which would render the opposition null and void, but also requires for ita validity the exhibition of written evidence or the depositions of wit- nesses, or an affidavit of the party, (the taking of which is nor authoi*!- sed by Law) to prove the truth of its contents. The said Rules are in the Words following. *f That any opposition made without the minis- ** try of an Attorney of this Court, which shall not contain an Eleaion ** of a domicile on the part of the opposani at some House within the <« Limits ofthe City of Quebec under the signature or signatures of the *' person or persons by whom such opposition shall be made, shall not «• be received or filed ; which Election shall be in the form prescribed «• in the Appendix to these Kulcsand ordery, under the luimbcr 78, ** and all p4eadings, Notice, Rules, Judgments and other proceeding • ** which pending such opposition shall thereto relate and be served at •* the Domicile thereby Elected shall be held and taken to be well •* and sufficiently served upon the person or persons by whom such Domicile shall be so Elected" 12th Sect. Art. 6." That every op- position afin de conferver shall be in the form prescribed in the Ap- pendix to these rules and ordera under the number 79. and that an opposition, afin de conferver^ in any other form fliall not be received or fyled.*' (Sect. 12. Art. 7.) «« •• A-W- .'f * IT 7 :?t>i2»!ft; j?f ♦^^t^^-O^' 'V;v «« -•'.-.♦• That \ • . .^ .;■ ,4 \'r.^. *i^J. ,- • K ■ .; " ■•' o «• ft «« Jite repugnant and contrary to Law. are arbitrary and imply the afitimp^ tidn of Legifluive power, and impofeunreafonable and unfuftrel^raintl^ upon his Majcfty'i lubiects in the exercife of their legal righta. ' ^ "^ Your Committee have already noticed inOances in which the Court> has exercised the power of prcscribrng thr Language to be ufed by,<: parties who require juftice at its hands, but there are many other inAan^ ces of a shnilar exercise of power, and indeed a considerable part ol the Rules confifts of Regulations by which a set form of words ia prcscri^ bed for pleadings, noticrs, motions and the mod trivial papers that pro^« ceed from the hands of an Attorney. Such is the minutenffa to whiclv ' the Court has descended in this particular, that the words, letters, and figures, nf which a common appearance is to be composed, are author ritatively prefcribed, and no equivalents are permitted. Thefe forms,* for the moft part, contain nothing of the subflantial part of^ pleadiiig^ being composed of Mcraps for thr intituling of papers, the beginnings and conclusions of thtm. And it has been a matter of furpriie 10 yuuP» Committee thiat the Court could have deemed it consiilent with ita di^ gnity, or its irore important avocations, Co engage m the .tDik of fiia« ming for mulse sainlignificant and uielels. ' . . , ' ' ' '• If thefe forms had been merely recommended tO; the Q*C; of the pro»^ fc(fion, 110 injury would have arifento the puk>lic, and your Committee r^ ^ would .?■ ■', ;> •} v^ ■<■ ■ - V:?,-> . 1 would not have demed it neccfl*arf to notice themt but the greater im • portancc is to be attached to them when it is considered, that a verbal and Derhaps even literal conformity with them is by these Rules made neceflary for the attainment of juftice, and the moll •mpnrtanC righta may be rendered unavailing and !oll by a deviation from them. Your Committee, without appreciating the meritior demerits of the forma in general, are bound to cxprels their opinion of the authority which has beeii eirercifed in prefcribing them. — N^ (yftem of Laws requires lefs technical form than the laws of this Province, and in no infiance are fpecific forms required or neceflary in Judicial procrediigsi' it is fufticieni that the plcadinirs and papers that are exhibited contain the fads or matter neceflary to entitle the Party to what he dcmandaj nothing beyond this is required. Your Committee are thtrrrfore of opinion* that all the regulations in the faid Koles, whereby Ipecific forma are prefcribed to parties in a caufe» or their Attornies, arc illegal and arbitrary, are highly prejudicial to the intereUs of his Maiefty'a Subjr^, and calculated to defeat, in many cafes^ their ju(t an J legal rights. , • _ ...... , , fin proceeding to examine the Rules of the Court of King's Bei)ch for the DiOrict of Montreal, your Committee will, in thtf firft place, notice generally, without entering into detail, various illegal Regula- tions, highiy.injuriour to the Uighrs of his IWajelly's Subje<^s, which have evidently been copied from the Rules of the Court of Kirtg*s Bench at Quebec, upon which your Committee have already (ubmitted ^heir opinion, and they will afterwards point out the Rules p culiar tQ, the Court at Montreal, on which it is their duty to report their opinioiv The inflances of Regulations liinibr to thofc at Quebec, arc; (hv JfoU, lowing: , , 1st. The Court at Montreal has arrogated to itfeif the fa>ne power, IS that at Quebec, to make hules of the nature of Rnal La«v8, by de- claring, profpedtively, that anon compluncc with certain of its Rules;* (hall conhitute the crime of Contempt. -x ."-; ..' : •• » 2d. The Court at Montreal has extended the power and duties off Attornies, in relped of the concerns of the pertons by whom ihey have been employed, beyond the limits determined by law. ■^Pa t'-nu^iad^:^^. ..;w . V , P ' , 3d. the "4:' N ' 1 r-,, ', i i ■^■i V- * . • V, ' i .- . . "^ ..->,►> ' V -• ■#L.-'«'k'*" ■ -v ■ V i;! ■.■; ■.. -' ^ ■ I. *h -; •iw--:-, ^-:;' 3d. The Court at MootreaJ, in imitation of the Court of. AppealA lindof tin Court of King's Bench at Q|iebieci has tna4e depolits dt certain iumspf inoney^ conduions precedent to the exercife ofjcgal rights, by declaring that no Exception Decltnatoire (Flea to the Jurit« diction kla Jorme, or dilatoire, fliall be received without a picvious - depvlii ot Two GuineaR, and by requiring a previous depofit ot fees to^ entitle a party to the benefit of a Trial by Jury* -4th. The Court at Montreal, in imitation of that at Quebec, hai at-- tennpted to alter the law of Peremption, *ind has cilablifheo a new Rule of Prefer ipiion yi\i\i refpe^t to fuits, by declaring that thr neglc^ o^ ' . the Plaintiff during two Terms, to proceed in his Cause, ihall occafion ; the ditmiflal df it, on motion of the Defendant ; and if the Defendant V do not ask for the difmilTal of the Action, the Court is to exercife thei ' lame *< ex officio"* authority a$ the Court at Qiiebec, by difmi0ing it of > its own accord, «x iM/TO ffio^tf. But the Court at Montreal has outltripped the Court at Quebec in prefcribmg limits to the Rights of his Majelly's Subjeds. > By the Rules of both Courts, a fufpenfion of proceedings in a Caife ^ for a very (hort time, is fatal to the Plaintiff; but the Court at Mon- treal has even rendered the moft diligent and uninteriupted,profecutioa of the Plaintiff's Rights infuficient to fecure to him the benefit of thc^. Laws of his Country, by the following mofl extraordinary regulation! ,' ** And inafmuch as every Plaintiff or Demandant ih^^uld be bound! to ** prosecute his Claim within a reafonable time to a final conclii* *^ fion, it T^ocdcred that no caufe fhall remain on the Rrcords of " the Courr for the purpofe of any further pr ceedings therein •• being had, after twelve Terms fiom the inf^itution- of fuch Ac- " tion or demand (of which the Term in which the fame was infii- *^ tuied fhall be accounted one) ur.iefs fuflicient caufe be (hewn to the <* contrary ; and that either party intereited in the caufe, may on the •« firi* day of the thirteenth Term, or at any other fubfequent period* «• move for a Judgment declaring an abfolute " Peremption " in the ** faid Caufe, and dismi fling the fame as aforefaid, or tfiis Court e* •* officio, upon the Certificate of the Prothonotary that the faid Caufe ** has been entered in this Court during twelve Termi at aforefaid^ -•-■' ■'■i„ ■-'...-■' -•....,.■., ' •« will » i: M # will dbmifs aidLCaufc, and adjudge ao abfpltiu '" Permptiotk " of •« rlnging it to a conclufion» whatever the nature of the proccedinge may be» and whatever caufes of delay may occur, evcii this period of ^tme may at the pleafure ol the Court (if tliis cxercife of its Power bt acquicfced in) be dill further abridged, and the right to leg^l re^ inedies in the Court at Montreal become merely nominal. Your Coinmittee are of opinion that the faid iust mentioned Rule !s illegal, arbitrary and destructive of the most important rights of His , Majesty's Subjects, and that in making it the Court has committed a pxMt unjustifiable ufurpation and abufe of ajuthority. -' By the Provincial Ordinance 25 Geo. III. c. it. for regulating the proceedings in the Courts of Civil Judicature, the mode of profecuting demands m the Courts is prefcribed, and the fervice of a Writ of Sommons and d^laration ori the Defendant is ncceflfary to render the Defendant amenable to their Jurifdicrton and enable them to take cog- nizanceof the Plaintiff's demand. Neverthelefe, the Court at Mon. treal, in defiance of this Law, has prefcribed a different courfe to be purfuedin certain cafes, by declaring, ** that every Barrifter, Advocate, *< or Attorney, who may be in practice in this Court, and not have ab- •* fentcd himlelf for twelve months, and all the feveral Officers of the '* Court (hall refpcc^ively be held and confidered is perfonaliy prelcnt ** to anfwer every leg^l claim, iuit and demand, that may be preferred ** againft either of them by arty perfon whomfoever, and ftiall be hound ** to anfwer the fame, without the fervice of the procefs of lummons ** requiring an appearance to anfwer any fuch demand ; the courfe of •* proceedings being in every, other refpc(5t conformed to according to «• the Geperal Rules of Pradice." (Sect. 7. -Art. 8.) Your Committee are of opinion, that the faid laft mentioned rule hath ^^*en made contrary to law and is arbitrary, and implies the aflumptHon tsA iegil^iive iut^iority. ^ js- I, ' ■«■■ t }■ P « ?>■■■ vt V ■ ''■• t. ' • "■ • ♦ , ■.v^ . .•,,>-:v- , •:.L .. »■ ■'^' 1 ■ I ■^t ' ■ 3- By the Provincial Ordinance of ai; Geo. Til. G. 2. Airt. 4. a cfccHtdr - 19 rnritled to a Capias ad refpondendnm^s^x atrachmenc againft the body of his debtor, upon an aflSdavit *' That t'^e defendant is pcrfonally.in- ** debtrd to the plaintiff in a fum exceeding ten pounds flcrling, and ;** that the defendant is immediately about to leave the Province, &c.^ Under this Ordinance it has always been conli Jered that the right to ah attachment againl) the body is given only when a debt to the amount fpccified in the Ordinance is due, and that it'cmnot be obtained on de- mands tor unliquidated damages ; neverihelefs, the Court at Montreal has made the following Rule : " It is ordered that in every caf«r where ** a plaintiiT may under any fpecial circumftanccs of cofts, trefpafs. or ;" perfonal injuries to him done by the defendant, apply for a Capiai ad " refpondendumt to hold fuch defendant ro fpiecial bail in the due courle . ^** of proceedings thereupon, he fliall by his afiiJavit in ihat refpcd to be *' made,, over and above fwearing to a precife amount of damages fus- <* tainrdt be bound in the faid affidavit fully to (late the ievcral grounds '* and circun. v» ..■ ,,^,, *• caufe them to be executed, without any pecuniary depofic in the IfAit^i of the Sheriff i to whom the law has given a fpccial lien or privilege on the effrdts he may attach under fuch procers, in virtue of which he is e^xr titled to retain therp till the expenccs incurred \n confequence of tho feizure of them be paid. Neverilielefs, the Court at Montreal has mada the following Rule : ** Whereas he execution of Writs of ^aisie Re^ *■ vendii^liQtt or $aisie ArrH, in the hands 9^ the defendant, are fre,. ** qiienrly atrcnded witli unrearonable charges upon the ^hc;rifr*8 of^ce ' *< and diity« and might be highly prejudicial to the rights of perfons in ** the legal pofieimon of chattels and effcds fo feized i It is orf^ered ttias '* every pUintiff fuing out fuch writ, fhall be bound, upon che delivery «« of any fuch procefs to the Sheriff, to make and Jeliy^r to the Sher.iflt " ftifl$citnt advances in money for the ncceffary ex'p^ences in the exccu^ !« tion of every fuch writ, or otherwilie fatisfy and fecure the Sheriff for, « the prompt payment thereof: and failjng fo to do, the Sheriff tttaf, •* refufe to receive the faid writ, or to proceed in the execution of the ^« fame, and that in every cafe where the Sheriff may execute fuch, writ, «.« hi^ r^coHffe for th|e |»yn>cnt refpe «7 i.:' ftcfencieSf andmakecorre^ions of the law on thst headl, by the follow- V , ing Rule : " Whereas under the prefent cp^rfe of pradtice, it may hap.* «*^|>en that upon the fervice of a Sahte Arrit at the dernier dominie of the ^ 3aisi, duly ce rtified, final judgment may be made againft the 7iers ^ Sa/si for the principal debt due to the plaintifT, although the Tiers '* SfiisitMv never have received the Writ of 5aisi>, nor have had luch <* rtaiTqnable knowledge of the fame, as under the peciiliar cireumftance '* of his iiruation he was enabled to appear thereupon, and make his de- ^ daration conformable to law ; in order, therefore, to prevent the '* manifeft injuftice that may be done by fuch conclufive judgment } It '** if ordei-ed, that in future no conclufive or final judgment ihall be ^ made againft the rtVri Saisi for payment of the plamtiff's debt by ** reafon of his non attendance and anfwer as aforefaid, unlefs it (hjll ** appear tliat the fervice of fuch ^at'ste Arrit and notice had been per- . ^*-fonally made to and upon the Tiers Saiii ; and that in every other **'cafe4)f Jq|al lerviccsat the demieiie., the judgment to be awarJed a- ^ niiifl a fjersSani,- in default, will be provifional* admitting (uch **Tief^s idfsi tp appear at a future day and take dff fuch default, and '* make anfwer to the S^isie or attachment, or (hew caufe upon the ir- •• regularity of the fervice of fuch writ." (^t* 39 ) It V tould appear from this as well as other Rules, that the Court at Montreal knows no bounds to its authority, and that imaginary incon- , Venienciesand defeds will induce it to exercife a Legiflative Authority, imd jrour Committee muft exprefs their opinion, that in this, as well as in the many preceding infiances, the Court at Montreal has arrogated to itfelf powers which belong to the Legiflature only, and tbr.L ihe laid laft mentioned Regulation is altogether illegal. ^ 74c^4, V Your Committee apprehend it is not the bufinefs of the Courts of Juf* fire to preferibe to parties the grounds and language they are to adopt in their pleadings^ but to determine upon the fu^riency and effetlt «f plead«, ings after they come before them, nor can they without vioFating the prin- ciples of Ian and reafon, compel parties to make flatements and admifli- ona in their pleadings, and exhibit evidence, contrary to their interelts. Your Committee feel themfelves therefore, called upon to notice two extra ordinary Rules of the Court at Montreal with respect to pleadings, by whi(;h fuiih Regnlatibns are made. *-'■*.. ■)■;■.■.■ , •• .;'•■. ^ ■V .;..:' '.■■ .:';'::,.-V' -■ •■>*■., » . » ,- '^l\.w *. By the ftrl^. it it declared, ** ivhereiis adiiont are frequellily inl^itiitcd*^ '< and declarationi thereupon framed conformable to aaiona in,&)gl;uKl» *'ofaflumpfic with general counta therein contained, for grola -$^m^-' ** thereby claimed,'Without ftating in fuch declarations wha,t part ibecpof . *' may have been (Mid, or ihould not reafonably be claimed by» or a^- <( judged to the Plaintiff, and to which anions general pleas of rtOQ «iU ** fumpiit have been made, and various grounds of defence thereupon ■* raifni, and claims made of evidence tobip fdduced, that could m^t^ <* have been forefcen by the /Plaintiff, under fuch general pleas, aid •* which may be highly prejudicial to the the parties, ic is therefore our* ** (^rred that on any fuch adions the Plaintiff (hall generally ftate all •* I ch dedu&ions from (he grofa Sums claimed, as may be in his knaifir*^ <* iedge. and (hall, by his demand, declare and olaim the precife balAnQiw* ^ or monies due by the oeafdn of fuch aflumpffit, undertaking or ptfm> <* mife as aforefaid, and for recovery of which the defendant jnay be lue4« ■« and that on the return day in fuch adlioh, the Plaintiff (hall fyle an ex- ^ «< htbit^ ftating the prccife amount of his demand, and in fuch ftatemeiti / ** ihall infertand let down all matters that may tiaye been received,' ** whether in OMMiey or other v&hiable thing which ouffhttobe dedudlcd. ** from the grois amount Of fuch general deniand as arorefaid, and uponi " which exhibit (hall be written a notice to the Defendant of the prccUe ' ** amount of the Plaintiff's claim, and for recovery of which the Qe« " fendant is proiecuted in the faid adticn, and £iilinff lb ^o do, the,De«. *« tendant ffiall not be bound to anfwer the PlaintifTs demand, or 'bej « adjudged in default on the notice aforelaid, and thai every plea to aii/ ; ^* fuch adion -of airumpfit (hall Contain the (peciffc grounds of defence , «' upon whichche Defendant may intend to adduce evidence in fuppOrt «* of any matter to be offered againft the Plaintiff's demand, and that no^* ** evidence, verbal or written, mall be received in any fuchadiion, biit!' « upon and in fupportof fuchfpecial matters alleged in defence, and ** that may have diredt relation thereto, and the Plaintiff's demand " (43 Sett.) By thefecond of the rules above relierred to, it isdeclared« " whereas the pradice of fyling general pleas upon plain demands under <* an /lUc authentiqut, which require no evidence on the pare of tHe <* Plaintiff, and the i^fendant under fuch general plea demanding ») ** right of enquitc or proof, has been attended with great delays i ic if « ordered, that whcnfoever a Plaintiff may profecutc an adion upon nn fl« A0t O^-u .s ■• ■ J : fr' ■:i'e. ,■■''>.■ •^'^MifrMihhiique, and «p(*n Whkh a<*l? -rt rto verbal ttftlmonjr may be •»' fedoifite'to fojiport *hc PlaiwttfPs dimand, that every plea to the ••^«eriti ot the PJainiifPa a<.^iof» Ihall contain fpecific grounds to be •^ ftt tip in proof, to leffen, cx©n'>rate and difcharge the defendant ••from fuch demand* and upon which- fpccial grounds of evidence «'may be legally adduced, and that failing (uch specific grounds of ••'defence,' the Plaintiff may i of right fet down the Catife on ther « Diary or Role de 4rM for hearing and judgment on the merit?, **' without procecding'ko fct'down thecaufe on the Diary or Roie rf£V « qtieie for proof, previous to fuch hearing on the merits." (Sei^. xi.} Ii;. • .' . ' • iVmri- Cbrnmittee are of opinion that the (aid laft mentioned regulat •> ioni^rccontrary to the principies which ought to govern the adminis-) tmtion'of jaftice, «nd are illegal and arbitrary «ndin>ply theaflumption «Mfi.tfg(flatvvc authority. ^v:^jj li ^ ;]n the t^ulei of the said Court of Montreal there are vjarious regula- tiont ypon the subject of Bail, by which that Court, is the opinion ;Mf' your Commit tec 'bath exercised ItgKslative authority, and the. legal bbli* giktipns resulting from the Bail Bond to the Sheriff, arc. thereby mo-ii> di^ and ia (tome. <;A3e& even cancelled. By the Proviiwiai ^tatutp 41st Geo. III. Chap. 3. Sec. -3. it is enac« tfidt - l^bat inaA aptipii^ oppositions and suits, prosecuted before the.- *V Courts of Ci**'! Jueisdiction in this province, by any person qr per-t "'sons' residing ./ichour, j^he .pro vjncc;, .wjhether such persan or perV '.sohs, tic subjects of Ijis Maitfty or not. the Defendant or Defend^ ^^ ants^ qr others concerned may demand ^nd obtain good and sufficu, f'ent security at the discretion of the ssiid Court tor the payment of ** their cos^s, iii case the Plaintiffs or prosecutors shoujd fail in fucl\ **],t^eir said actions oppositions or other suits, and all proceedings sliall, f* ,be staid and suspeiided, until such security shall h^ye been offered If ihd received." - 1#'»5^».-' S^» '•'• Withoiit regard for this positive enactment of the Legislature, the Potirt at Montreal preferring its own Wisdom to that ot the Legislatu-^ fe and in contempt of its authority has m^de Regulations totally diffe** rcht and iepugnant to the said Law^' by declaring "Jhat where any ' *^pcrlon •;v' >-■'-■ *-" ■ -v » .* ■- . r ... ■• I..' V ,,'- ':-i. I:.<- "i ■■• i ' 1' ■ ';;:<••' L '•. d » . ■1., •- !•■'! '1/ ;•'' ■% 30 ** perion not resident vithin this province ixiAy prosecute-f ny ^pivgnal . ** or incidental drinand or claim, by- intervention and opposition, he ** shall be bound Ik ithin two days after the same nuiy be entered in , *■ Court to give security for costs if « motion ntay be made fpr thaC '* purpose to answ*r the opposite party's Costs, if such. plaintijHr or > «' claimant, should fai' to make |(ood his demand » and that ojtry.paKty <* legally entitled so to move shall obtain as of right an order j^r.fc- •' cunty being duly entered within two days after such motion/ and on •* failure thereof that the action, claim* demand,. cr opposition afore* . •■ sa'd shall be dismissed with costs.*' . ^ *« And it is further ordered that every person who may be entitled to ** such secut^y tor costs, shall be bound to moVe therefor withiH tiK <• period ot four days from the entry of the action or claim aforesaid •* otherwise he shall oe held and considered as having waved ahd ** relinquished his right to security for Costs as aforesaid ** (Sect. 9. «! Aft. I. 2 and 3.) it These regulations contravene the said Statute in the follQwing points* 1st The statute limits, no time within which security fbr ^i^fts is to be given, whereas the Court has fixed the short limitation of twodijrs. 2nd. The statute subjects the plaintiff non resident to a suvpensipn of proceedings in his cause till he give security for costs, whereaa :fae Court at Montreal subjecta him to the loss of his action if he dd not give security within the time it prescribes — 3d. The statute limits no^ time within which the Defendant is to move for security forcoststwrhe.' reas the Court compels him to move for it within four days, and in de- fault of his doing so deprives him of the right altogether. ^ // ^ Jitrjt Your Committe are therefore of opinion that the said hwr mentioned Regulations are maniteftly contrary to law and have been made in de- fiance of the authority of the Legislature. .. : ;i „ ;^- .>.^: ^^ *< , ■-■'•<■,■-•-',--»-»'- By the provincial ordinance of 25th Geo. III. Cap. id. Art. 12* either party in a cause may obtain the examination of a Witness about to leave the province upon an affidavit required tor that purpose and tjiia right it has been determined and admitted belongs to either party^aa well before as after issue joined: * E Never* i \m ■7,,,. ■•■■;■■ \-: ' ■I m ;■;?: ■:-■'? 1 '-i 1: : il ■ . ^■■■ ■>/ ..'•'••■'• ;■{ ■ t .,•'•■■ ■•■■•--..•.■■^■: >. "1'^. o ii ■ts.-^ :■•*.,. }^'J^flFeviert1wTeirst(he!Cbtti>t at Mbntreal h«i laid rMtraliii* and reftrfc- r 'Iriorti on thii right by declaring «« That no examination of any wiinest [, " ,^ «« about to depart the provinct shall be had or taken in any cause during ■ty- -' «; any Term or sitting of this Court, unless issue be joined on the me- ^'*« rits or nlatters of feet in controversy between the parties, the cxftmu ' «•' natidh'of a |!>ariy 6n/ai/s et article a» provided by ihc Rvles of r<^jf^a«ict excepted.** * - ^•*jt< w Kor^hkll any'sirchexaminationof a wicnesa about lo depart the > ^ ** province be heard or taken in any cause, on the part of the Defendant (,, *« whprc^y the Rules of Practice such Defendant ought to have plesided Wf* W 'V "^^''** *"^^ ^**^ not,done so. Nor shall any such examination- fc'fV of'a Wit;ics8, be had or taken on the pa^t ot the' plaintiff, where by the ; i ,»! Rules of Practice he should haVc ircpllied tb the Defendants Plea or ' ':^ / <* taHcn iiaur oni the merits and Hath not so done pr'^vioUs to his appli- • %' cation for the examination of a witness as ^foresaid/* (ayth Sect, ^1 V Ycnir i^onfimjttcc areof opmian that thesaialaft mentioned R^gula- . tiipna-anp repti^nant to the said article of the prQvmcial ordinance fast cited and are illegal and arbitrary and imply the assumption of Legisla- ;'' rive ■'■authority, '':^ir^t 'Hm-%'''"r^^^^<' ->. By thtf Jist Art. of the aad title of the ordinance of 1667 b^^i^gwrt - 1 firf" the Law of ihM province, parties are prohibited from examining V • naore than ten witnesses to one fact, on painof bearm^ thcexpences at- . ' • itendtegthc examin^tion of a larger number even tho' tl^e costs he finally awarded to them. The words of the ordinance are «* Dejendons aux " parties dejaire ouir en tnati^re civile plus de dix Tftnoins sur un mine • ** fait^ etaux J>u%ei on Commissairesd'en^ entendre un plus grand nom^ , f* bre : autrement la part ie ne pourra preUndre le rembmrsenent det Jrats 4 « qu'elle aura avanci pour Ui fair e 9uirt encore que tow ks depens du ■ f* proems lui soient adjugis en hn de cause/* >5- ^^< Notwithftanding this law, the Court at Montreal has made^he foI<- ^ io^ng regulations ** the Court having taken into confideration the a- ' f* btifts that are liable to be committed by the allowance for the subpa'« «* naingand attendance of any unlimited number of witncflt» whatfocvcr '%. V:' ■**.- n «..->.< V^^. .■^ -- <* in caufet brought to ifTue in thif Coqrt \ It is ordered that from and •< after this day in any caule wherein witnefTes Ihall tie fub^dpriaed to ^ •• appear and give evidence in this Court, no aUo^ratlc^ #Hitevcr On * ** the taxation of cofts in favor of the one piny agaihft the 6i\\tVfCii\\ ht. <' made for fubpoenaing and attendance of more than ilx witneff^i (if j(b '• «« many there Ih il brj for each ifluc that m$y be pfdperly jbihed' be^i* * «* t^een the partieh, (hould there b^ n^ore than one in any cauCb." J», ■■ • A . -.4 I . ' ./,.; ./ .K f* And «h( .rcas by the Rultk of Pradlijce no party in' any eauRr hath a'* ' <* right to tax cofts againil an oppolite party fortheexamihation of imyiv'' <* than fix witn* fles upon any iflue raifed in fuch'Caufei yet thd oppoiire"^ «Vp4»riy m trequrnily put to charges & expences in refpect tothe exami» ' <* nation of witneflcs above the number allowed, it is therefare'ordered«" *^J^ <* thfe rtt»4i;^jo Among the regulations of the Court at Montreal is a rule by which parties who make demands in that Courr.are in certain caies cxeoip- teil from any proof at all in fuppprt of them. The iiulctis in, the tol^s lowif^ words** whereas it frequently happens that in caules whej-e it ** appears that (he Defendant is in a Hate of pecomfiture, motions ar^ <* m^de and orders granted for calling in the leveral Creditors of fiich ■• Debtor to appear in the laid caule, and atte(l their refpc^tive xlainfs'i ** upon the tffeds andeitate of the laid Debtor previous to a distribution ' ** of the lame : it is ordered that the Plaintiff or Delehdant, or any one '■*■':■ 1' .'-N -■V| ,.|' • '1; W:-. £ a of *. ::/ ^ J w y. >>-. ■■i. vi^i.,. s» *>: '.* t Ik" ( '.'.'■ r '*.ofthe dfarlitdnoffuchDebtbrinay objctice be called before the Court to alfert their reipeCtrve crc« ** dita upon the effedts and eftate of fuch deccafcd perion ; that the pre- ** feni Rule (hall be held alfo to extend to all claims made by oppolitioli ^ ** ajinde con/ervert upon moniesievied and returned by thcjbhciiit pn «• any writ of execution fued out from this Court." ' ", * v. ■m^ The courfe of proceedings upon oppofitiona and interventions (kP chums, ail they are called in this Rule, has always been iimilar to that in original actions, and both law and reaion concur in requiring proof to fubftamiate demands before they are allowed, ' . - «-: Your Committee are of opinion that the faid Rule is illegal, arbicm^y and unjull, and implies the aflumption of legiditive authority^^ ' '^ l^r Court at Montreal has not only by its authority fuperfeded in certain cafes the neceflity of proof required by law, but it has alfo altered the inot'le of receiving it in the molt ell^ntial point, its publicity, by trans-^' ferring the adduAion of it froin the open Court to a private chamber; there to be received in fccrecy, and this in dire^l coniradiAion to the Statute Law of the Province. " ■\. V--' - ■ ' ■ ■ .: ''l^ ^ ■ ■■ • ;"\^ '■ By ■r:. ■/■:.- 1 ■' -i-\ % ^he. Provjficiiil Ordinance of the 35th Gfo. III. Chap. 9. Art^ xl. for, rrsuratinK tlie proceedings in th^ CouHs At Civil luiiiaatil'-e,'' i^ it cna^ed, that in all oiiife' ^ot tried by a Jury, and where tHto ftial ** ia ittW " be by the depofiiiort of witnefles, and bf^oof, as at pfetenr uK^d in <> '* His iVIajeOysfaid Courts of Common PUas, the C<^rt (hall, after ^^ " iflue joined on the mcrita of the caufe, in the manner as hefeaftel^ '" '* ^}(prelKd» appoint a dav for hearing the eyfdcticeof the parties, plitvioufly the praAice of the Courts under the f^tigliih dominion,' and, until fhe making of the Rule referred ro, the depofitipns of vfritncs* ■■,% scs, and the examination of parties on interrogatorits (faits et Articlfs) a had always been taken in open Court, in the prelence of the Part^ot of >i of their Aitornies. Neverthelefs the Court at Montreal on the iQil^ ii April, i8ii,publi(hed the following Rule. " It is ordered that rhe '* anlwers to tne interrogatories ot every party to be.examinied.pn i'ails *' e$ Arficlti, Ihall be received arid ingruifcd by one of the Prothono* t " taries of this Court, ftom the Declaration of ihc examinam, antd no|i{t ** in the prelence of any adverfe party, nor in the preience of any Attor-;j[ '* ney of cither of the parties in the caufe i and the iaid anfwers, when/g ** fo engrofled, ihall be brought into this Court, (of taclore the Juulgies, t '* fitting in vacation, when luch examination ynay be a|jpoinieU tv bc^ > *< laketi ill vacation,) thereto be reccivcii uponthcMt^tklbi:. iiWri^JPic •* be examined and nototherwiie. " (Scd. 29.) ri* >H W»><:!»,.kiiv /u^kvi '.^:.'^' • ••^•**. ^^'■m''mi^^H'**it^^■'.&m^,Mm^^^'''ir?1 \,'^»=-^' ••^■•►- "^1;«>J!W»,.li .•,rs-''*i **&■'■*., f^in J - * .* s (it :f'Jii: ■«.• sisjl'i^i^'- %-' 1;. '>!3*^ 3jr ^ ..\ • 1 1 '■ '•V alKdifcrctiqiMry power over cofts is taken from the Courts,*' louU patr ,, *' /iV. (say» this Law J pn'ttcid^/e ou it^Urvitiaati qui /uccmhera &C» «t (• <( /iera eenjamnie aux diperu wfiifinimeni Jam qne Joui hretexU d^iquiii, partag€ tP:4ivu »u pour qu^lqpk' autre cuufi qut'Cefiit» eth in fuiffe M derhargW* A,^ aftcr«a|d8,** T/ott/cfiJ (continuei this Law J ^*i7|. '1^ the l^roviAciaF Statute of the 41ft. Geo. 111,0. j»Sc£i, i7,it » ei^aied ^* that the Courts of Criminal and Civil jurisdi^iQib wichia ^j ** ttkiiPrdviniee, 'fiiailhave power and authority within their rflfp<;^ivc ^ <• Jtrrifdlifltoh, ro fnfakc a fable df fees for ihi officers of the faic^ p>ut;t« ^. *' the which table the laid Courts of Judicemay alter and correttfrom ■( ^iinetotitne;*as they (hall fee ncceffary : and the laid o^ers of |lic ,1 f* f4id Courts re(^>eciivcly are her^feby dire^ed to conform toilie fimc." A ' Alt W under the ftrft of thcfe Litws, parties a^e intitled to .rccovei' . froth their iadv^rlaries ihecofts.ot the Judicial Proccedingji, in which ,« th^y have bt^JE^n fuccefsful, andaliho* in virtue of the lecond,. tables . of . fees have been ftamed to regulate in all cafes the amount of, iucli cofts, according to the nature! of the fervices performed, and s^ltho' botli parues andAttorrties havean unqucftionable legal right ta receive the ^ cofts CO whi( h they afe legally intitled, according (o ihc fcale pf allovf^- . ance eftabliflied by the cabl^.of fees, nevcrtheleis the Court at Mont-., real/ in violation of both ihofe laws and of the rights of parues and At* ^ tornies, publiflied the following Kule on the 9ih April, 1812, *' it la •< Ordered that no general rule at this Court, granting lees upun certain *' bulinels to be performed in caules therein inliituted, ihall, in any ■* manner, be conildered to extend, to li.nit or relirain any judgiiiCi:' ,» '* or order of this Court, upon any matter belore it, wherein t^ Cou.t' «*-upon the circamftances ot tuch matters or bufinels (hall award add ' ** adjudge a fpecific turn to any party thereupon, and any luch particular ** order or judgement tor coils that may be made, (hall dcteiminc and ** conclude Che rights of every pcrfon therein interefted 1 and it is tui. •Mhcf ^h ■ f ./ vf 36 j.f? tKer or^erfd, that no general allowance of fees, by any Tariff or rule l?* of ihis Court (hall he donMdtci as grantini^ a right to Aich feea for ** any bufiinefi performed whenever this Coai^, o^any Judge thereof upon ,.•• |he taxation of CclYl (^i\\ not conlider fuch bufincfsto h<^vebeen re- ij "gularly and neceukrily performed.*^ (Section 40.) ''. *w«av afferent Regulation, by giving the Creditor only part of the day In- Afiead qf the wkfife, .allowed by law, tor.uike the payment requited of . iiimt The wo^ds of this Rule, which was publifhed bn the sbih April a8i2. arCi *' It is ordered t))at in future, every alimentary pinfion o *' ttt be Allowed to Debtors in Gaol (ball be made on each Monday on «• or before Twelve o*clock in the forenoon,** (Scdt. 42.) . . ::•,•• / Your Committee are of opinion, that the faid Rule is evidently con- trary to the faid Ordinance, aini implies the afTumpiion of l.egillative ^Auihority./^i^ t-Ai .iA:i» >;•/.• Jiiaritni.O.yirfV >ft ^^niifi**. •»•''«'■•-■ «- •-*i.-.l, .-v-: .•-'.. «- ■' Your Committee will Jherc conclude the fp^cification of the* princi- pal Rules of the faid Courts, which, id their opinion, are rcpjgnanc '^JUidcbntrary toiaw. The innovatiuoa whic|i have been n]i^e oy .h: ie ,vv., .'/ • f ^4 si itfffl ■■ i I '■. f •.■.♦ ■ ',.„■ ' ;.■■- ■. . '^ 37 ■■ "■ ■ ■ ■' • ; itttlct in the Lavrs of tht Country are To num^^hUis and tmtmm; the ' authofiry chcy attribute to the Courts To arbitrary and deipotic/ and many of them are calculated to produce fuch injuiious cpnfequences. that your Committee are of opinion » that while thcfe Rules are kdted upon, and the principles whi'hdidated them ik Will nut be «o at Montreal, and what has been determiner*, to be Law zZ Imkii places on one day will, at the pleasure of the jMd^es, c^'ase Jto be so on the following day.--* Hence an universal uncertalmty in Civil rights .will be produced with all the evil cc sequences t^.:;^•^e arising. '^; (^ : Your Committee are the more rtrongly urp.ed to express this opinion of the evils to be apprehended, as the Court of last resort in this pt^. VHicc, from the peculiarity of its conftitution, is not likely to obviatd or mitigate these evils-'- The Chief Jullice of the province and the Chief Jultice ot the King'i Bench ai Montreal preside in tnat Court, in iip» peals from the Cuuits ol Original Jurisdiction in which t'lcy also respec- tively presiueas Chief Jultices. Biith rhese Gentlemen concured in framing rhe Rules of Practice of the Court of /Appeals, by which the firstcncroaihnientson the Legislative authority wel^ made, aiKl they have since extrcued in their respective Courts the jpowers assumed by the Court o( Appe&!a-»Nocorrec;ive therefore, can btf expected in the latter Court. It is from the constitutional measures to be adopted by the Assen^blyof Lower Canada only, that correction of present abuses and security against the renewal ot rhcm :n nicure can be expecced. ♦* {. Upon the aforesaid Rules of Practice, your Conimitcee ^ave come cc the following Relolutions:; " ' ^^ -^^^ ^ y^xs. -m::^-»t. i RgsoLvBD, that it is the opinion of this Committee, that the Eighth Section of the Rules of Practice of the Court of Appeais, wherebjr the depofit of « a liim of Money not required by law, is maide iieceilary io entitle » Party to a Writ of Appeal, is itlegal and arbitrary, and of the most daqger- ous example; and that th« i^^td Court hath thereby aflluncd Le^iilla^va authority. hm •.. *■ ■»■;--• 3^ ■ ;.■'* *•. -.,,>• ,'■ : 'I en- 1 Resolved, that it is the opinion of this Commijttse, that the Thirtieth Section of the Rules of Practice of the faid Court of Appeals, whereby the right of Appeal from an Interlocutory Judgment is barred, unlefs moved for within the time prefcribedby the'^ourt,is iHee;al, arbitrary & deftructive of the Rights of His Majefty^ Stibjects, ahd^at the faid 'Court hath thereby aflumed Legiflative Authority. Resolved^ that it is the opinion of this Committee, that the Ninth Section df iKe Rules of Practice of the Court of Appeals, info far as it ndake; a Writ of Appeal returnable out of Term, is illegal -and a'^itrary, and that the Taid Court hath thereby affiime'lIjegiflat^eAuAority. Resolved, that it is the opinion of this Committee, that the Tenth Section uf the ' ^j ,' Rules of Practice of the Court'of Appeals,' whereby a Prothonotsry by '^^^\ not making a return as therein mentioned, is rendered guilty of a con- ' '. tempt, is Illegal and arbitrary, and that the fatd Court hath thereby af- ■fumed Legiflative Authority* ■■*• --■•'--' ' ' ' ■■■- ■' -/. Resolved, thac it is the opinicm of. this Committee, that the "Ilrirtc^enth Section ol the Rules of Practice of the Court of Appeals, whereby the Service of '*'* Z^"" '4 Writ of Appeal upon a perfon who ha«i been Attoirr\ejf aJ litem and on / iC'f? an Attorney fl^ wg^fl//af is declared valjd, is illeeal'a;nd' arbitrary, and that the faid Court hath thereby aflumed Legiflative Authority. Resolved, that it is the opinion of this Committee, that the Sixteenth, Sevel^- teenth. Eighteenth and Nineteenth Rules qf Practice of the Court of Appeals, whereby regulations sre made relatively to the fyling of reafbns of Appeal and Anfwers, are illegal aAd arbitrary, and, that the faii^ Court hath thereby afTumed Leglflati* /Authority, and hath atbibuted to itfelf a mdfi dangerous power of making Orders and Judgments ex officii as i: s called, inconflflent with its Judici^t fuynctions^ and amfounting to ^■'> ■ adtnialof Juftice. \'^'\X'''\\0, Resolved, that ^r is the opinion of this Committee, that the Twfnty^firfl Section , . of the 'iuler of Practice of the Cou't of Appeals, whereby the power of r, . rj' , difmifhng ex officio appeals in wliich cafis have' not been fyled within Ten '' Days, and of excluding Refpondents who hr^.ve not fyled cafes within that time, from the benefit of a hearing, is rttributed to the Court, u illegal and arbitrary, of mofl daiigerous tender, be abfent, is illegal and arbitrary, and amounts to a denial of Juilic^, and that the Court hath fiUereby aflliiued Legiflative Authority. F Re- 1*M « ' :'li V- m m m III ''♦ .< \*\ ^1^! ■iiMi'iiiii' t thai it is the opinion of this Committee, that %he Fourth Art. of tbd Seco.id Section of the Rules of Practice of the Court of King's Bench at Quebec, whereby Barrlfters and Attoruies are rendered guilty of a con- tempt, and fufpended for non-payment of fees, is arbitrary and illegal, unjuft and oppreifive, and that the faid Court hath thereby aflumed vyl;, Legiilative Authiority. Resolved, t*>atit istheopioion of this Committee, that the 1st. Art. of the Third Section of the faid laft mentioned Rules^ whereby a general enactment of the crime of conteaipt for a breach of any of the faid Rules is made, is illegal^ arbitrary, and oppreffive in the lugheft degree, and the faid Court hath thereby aflumed Legiilative Authority lUsoLvis^ that it is the opinion of this Committee, that the Second Article of the y.(i^ , «!■;;, ;^hird Section of the faid laft mentioned Rules, wherebypoints of Prac- '< v-'>rC ^ tice are not permitted to be re-argued, is illegal and arbitrary, and cal- ' v! r culatsd to prevent the fair and open difcufiion of litigated points in the ,.,:.,;,> faidCourt. .,^ \* , Jy'''-' Resolved, that it is the opinion of thibt Committee, that certain Regulations in the iaid Rul^s of Practice, contained in the Eleventh and Fourteenth Artl- |cles of' the Second Section of the faid Rules, whereby the legal mode of proceed'' g when the Attorney of one of the Parties in a caufe dies, is difpenfed with, and a different mode prelcribed, and whereby the pow- ers and duties of an Attorney are continued after HimI Judgment in all matters collateral and incidental lo the Suit, are illegal and arbitrary,, and that the faid Court hath thereby affumed Legiflative Authority. Resolved, that it is the opir' i of this Committee, that the Sixteenth and Nineteenth Articles of the Third Section of the Lid Rules; which, con- trary to the Law of the Land, establiih a new rule of prefcription, where- by the Plaintiff incurs the lofs of his caufe, b/ not proceeding duriqg one Term, if the Defendant moves to that effect, and whereby the power of difmifling a caufe tx officio after two Terms, is attributed to the Court, are illegal and arbitrary, are fubverflve of the juft and legal Rights of His Majefty's Subjects, are of mod dangerous and injurious tendency, ; Vv,,. and amount to a denial of Juflice, and that the faid Court hath thereby affumed Legiilative Authority. Resolvid, That it is the opinion of this Coinmittee, that the Tenth Section of the faid lail mentr' ?d Rules, whereby a previous depoilt of Money is re- ercife Jurifdictiun contrary to Law, and deprive His Majesty's Subjects , -? , of the means of defence; is of most dangerous and injurious tendency, and amounts to a denial of Juiiice, and that the (aid Court hath thi:reby exercifed Legiflative Authority. ' /, '^ ^ Rusolved, tl- t it is the opinion of this Committee, that the Fourth Article of the Eleventh •'.M V - k 40 .--.*-,.^ Eleventh Section of thfi fatd Rules, whereby a depo/Tt 0/ Mon'ey is r^ quired to entitle a party to the benefit of a trial by Jury, is illegal and ' ^ arbitrary, of ino(l dangerous tendency, and amounts to a denial of Jus- tice, and that the faid Court hath thereby aflumed Legiflative Authority. Resolved, that it is the opinion of this Committee, that in the faid Rules, Regu- lations of a Legiflative nature, as to proceedings ro be had preparatory to the diftribution of Monies ariling from Judicial Sales, and as to a conftructive admiflion of claims inferred by tne Court, have been made. Resolved, that it is the opinion of this Committee^ that the Sixth Article of the Twelfth Section of the faid Rules, whereby a specific form for the elec- tion of a Domicile is prefcribcd, and the Seventh and Ninth Articles of ' * V the fame Section, whereby a fpecific form for an oppo&tioa afin de con- ,'!'.'. server is preicribed, and the exhibition of certain evidence with the op- .^ ' pofition is required for its validity, are illegal and arbitrary, and impofe \ ^. tmreafonable, unjuft, and injurious reftramts upon His Majefty's Sub- '' ^ "^ jv--ts, in the exercife of their legal rights, and that die faid Court hath ■ -^ thereby affumed Legiflatfve Authorir/^ s f a- ' Resolved, that it is the opinion of this Committee, that all the Regulations con tained in the faid Rules, whereby fpecific forms are prefcribed for plead- i^ ' ings, motions, notices, and other papers exhibited by Parties or their 'i- Attomies in a caufe, are illegal, arbitrary, and highly prejudicial to the in- ..^' "'^^ terefl of His Majefty » subjects, and calculated to defeat in many cases, V ' ' their jufi and legal rights, and that the faid Court hath thereby afiumed . ' Legiflative Authority. ^ T'^ ; Resolved, that it is the opinion of this Committee, that the Regulations contained in the Rules of Practice of the Court of King's Bench at Montreal, whereby that Court has arrogated to itself the fame power as that at Quebec, to make Rules of the nature of Peuiil Laws, be declaring prof- pcctively, that a non-compliance with certain of its^ Rules {hall conftitute the crime of contempt, are illegal and arbitrary, and of moft dangerous >. , tendency, and that the faid Court at Montreal, hath thereby afllimed to itself Legiflative Authority. IIesolvfo. ^V.at it is the opinion of this Committee, that the faid laft mentioned Court, by certain of its Regulations hath extended the power and duties i i -Utomies, in refpect of the concerns of the perfonj by whom they have • e' employed, beyond the limits determined by Law. Resolved* 1 it it is the opinion of this Committee, that the Rules of the faid lafl mentioned Court, made in imitation of the Rules of the Court of Appeals, " :J'' and of the King's Bench at Quebec, whereby the depofit of certain Sums of Money are made conditi'ms precedent to the exercife of the legal right of pleading exceptions <« DfHinatMre" (Plea to the Jurifdiction) « Peremp- Hire d la JhmUf* and " DHatoirf," and of obtaining a Trial by Jury, are illegal and arbitrary, of the moft dangerous and injurious tendency, and amount to a denial of Justice, and that the faid Court at Montreal bath thereby exercifed Legiflative Authority. F .2 Re- 'it It. . I m I I' , ■ "■ I"''.?*,.' V .•.\ J ' ■ ■ /. •:•>.," ^•>,.a- •[. .. ,v--'c- •■•'L' r ^'' , V -' ■■ ' ■•■ ' '■ ■■ - :■■■ . - RuoLVBD, that it is the opinion.of this Qomoiitfee^.that the Rule of the faid lafl mentioned Court, whereby that Court iLath attempted to alter the Law of «' Peremptien d^infianci* and has e^ablifhed a new Rule of Prefer iption with refpect to Suits,, by declaring that the neglect of the Plaintiff during two Terms, to proceed in his cause,' fhall occafion the difmiflal of it, on motipn of the Defendant, and if he. do not ask for the difihiiTarof the action, the Court is to exercife the power of difmifling it ex officio^ is ille- gal and arbitrary, of the mofl: dangerous :'nd injurious tendency, and a- mounts to a denial of Juidice, and that the faid . Court hath thereby aiTur med Legiflative Authority. ResolvbD) that it is the omnion of this Committee, that the Second Article of the ^.,, Tlurty-fourth Section of the faid. Rules, whereby a limitation of Twelve Terms is prefcribed for the duration of a Suit at Law, and the faid Court is empowered to difmilb a cause on the firft day of the Thirteenth Terms or on any I'ubfequent day, on motion of any party in the caufo, or of it, own accord ex officio^ is illegal, arbit'-ury and deftructive of the juft and legal rights of His Majefty's Subjects, a grofs a •'~ of autliority, and a- mountsto a denial of Juflice, and that the faid v.* . ^ith thereby afTu- med Legiflative Authority. RgsolvBp, that it is the opinion of this Committee, that the Eighth Article of the '^ iftj "# Seventh Section of the faid Rules, whereby Jurifdiction is given to the , ,, s , ;',, Court over Barrifteys, Advocates, and Attornies, and they are rendered ]i i,>T;:il. hable to anfwef all demands againft. them, without the fervice of any ' ' ' procefs of Summons on them, as required by Law, is illegal and arbitra- ry, and that the faid Court hath thereby afTumed Legiflative Authority. Resolved, that it is the opinion of t!his Committee, that the rule contained in the Eighth Section of the faid Rules, whereby the right of Plaintiffs to a Writof Capias ad respondendum on demandsfor unliquidateddamagesinca- .^esoftort, trefpafs, and pcrfonal injuries, is permitted on certain condi- •tions prescribed by the Court, is illegal and arbitrary, and that the faid Court hath thereby aflumed Legiflative Authority. ,,ij. t^^ "^ Resolved, that it is the opinion of this Comnittee, ihat the Eighth Article of the' Thirty-sixth Section of the faid Rules, whereby perfons fuing out Writs of " Sa'uie'Revendicatlon" or «* Saisie-Arrety* are compelled to make such advances in money, or give fuch fecuriiy as the Sheriff may require, without which tlfe, Sheriff may refuse to execute the King's Writ, or even receive it, and whereby the Sheriff is deprived of his lien, or re- courfe on_ Goods seized, is arbiu'ary and illegal, impofes reftraints not !^i¥fii^' !, establiflied by Law, and gives a latitude of difcretion to the Sheriff, by ■H'\.h ■ which injufljce and oppreffion mufl: be occafioned, and that the faid ->ik~^ft Court hath thereby aflumed Legiflative Authority. RpsoLVEDj that it is the opinion of this Committee, that the Rule of the faid . J . .., . Court, contained in the Thirty-ninth Section of the faid Rules, whereby jii.- ... .regulations are made respecting Garnifhees or " 2/>/*j-fia/j/V' and pro- i... ^ V ■,t^4,^* vUional Judgments of a particular nature} required to be maide againft r:- f \;VW^ them, is illegal and arbitrary, and that the faid Court hath thereby afTu-.: . med Legiflativr Authority. Resolved, That it is the opinion of this Committee, that the Rules of the said V ■ •"' Court, contained in the forty-third section of the said Rules, and in the ',,'", eleventh section of the said Rules, whereby parties are compelled to make certain statements of fact- in their Declarations and Pleas, and certain admissions of fact in their declarations and in exhibits required to be fyled, are arbitrary and illegal, and inconsistent with the principles : - that ought to govern the administration of Justice, and that the said J Court hath thereby assumed Legislative authority. *'^ Resolved, That it is th"- opinion of this Committee, that by certain regulations .-- . ! contained in the said Rules upon the subject of Bail, the said Court feib ;9,<;'.hath exercised I^egislative authority, and that thereby the legal obliga- •■, i" tions resulting from the Bail bond to the Sheriff are modified and in some cases even cancelled. Resolved, That it is the opinion of this Committee, that the first, second and third articles of the 9th Section of the said rules, whereby the said n-Aj V V. Court bath made regulations respecting the giving o'f security by persons ,-fj tiT. ^ho are not resident within this province, are in direct contradiction . i^vi; 'V^ to the provisions of the Provincial Statute, '41st Geo. III. chap. 2. ••...» resect. 2. are altogether illegal and arbitrary, and that the said Court hath thereby assumed Legislative authority. Resolved, That it is the opinion of this Con^mittee, that the fifth and sixth arti- cles of the twenty-seventh section ofthesaid Rules, where by restraintsand restrictions are laid upon the legal right of parties to examine witnesses, '*'U- ;,_ about to leave the province, are illeg.il and arbitrary, and that the said • '>M»&i Court hath thereby assumed Legislative authority. Resolved, That it is the opinion of this Committee, that the first and eighteenth ■ articles of the twenty seventh section of the said Rules, whereby no al- ■ii>'S :'. lowance in the taxation of costs for more than six witnesses upon an issue ''■'.. is permitted,- and whereby to entitle a party to examine more than six . • '■' • witnesses, the payment of a certain sum of money to the Attorney of X the adverse party is required, and whereby Attornies are not permitted to charge their clients for the examination of more than six witnesses, , . are illegal and arbitrary, and impose restrictions, restraints, and burthens ..upon His Majesty's subjects in the prosecution and defence of their ,^ rights, whereby the attainment of Justice may in many cases be impeded, ■ or altoljether prevented, and that the said Court hath thereby assumed Legislative authority. Resolved, i'hat it is the opinion of this Committee, that the eighth article of the thirty-seventh section of the said Rules,, whereby, in certain cases of ,u intervention," claims and oppositions before the Court, a constructive /.., > J admission of dernands is established, and parties exempted from proof u thereof ■?-■' •v. 1 i f-V •'■i. ..•r^v 43 .^•i- -*1 •. i. ,^•• i * ■'\^- thereof is ille|pl, arbitrary* unjust and destructive of the rights of His '^ Majesty's subjects, and that the said Court hath thereby assumed Legisla- tive authority. Kesolveo, that it is the opinion of this Committee^ that the rule of the said Court contained in the twenty-ninth section of the said Rules, whereby ;, y the answers of parties examined on interrogatories ^" faits tt Articles** ) ,^^^ are required to be taken by one of the Prothonotaries of the Court, not , '; ; in the presence of any adverse party, nor in the presence of any Attar- c ; ney of either of the parties in the cause and out of Court hath been , /^^' made in manifest violation of the ordinance or law in that behalf made, is '. , . contrary to the principles which ought to govern the adminbtration of -;:-^ Justice, might in many .cases be destructive of the most important rights ^' ^ of His Majesty's subjects, and is a most dangerous and arbitrary inno- vation in the proceedings of His Majesty's Courts, and that the said ^* Court hath thereby assumed Legislative authority. Resolved,' That ir is the opinion of this Committee, that the Rule contained in the fortieth section of the said Rules, whereby the said Court hath at- ^ .' tributed to itself^ unlimited discretion over costs, as well those reco- ?- r:^(: vered by and payable to parties, as those payable to Attornies, and the power of ipmting as large or small a sum for costs as it may think fit, . , ' in each particular cause, is a manifest violation of the just and legal rights ; c of His Majesty's subjects, and designed to vest in the Judges a discretio- '' nary power inconsistent with law and Justice, and manifestly tending to the oppression of His Majesty's subjects, and that the said Court has thereby assumed Legislative authority. Resolved, That,it is the opinion of this Committee, that the Rule contained in .-... . the for^ second section of the said Rules, whereby the allowance paya- . '~ ble to Debtors confined in Goal is required to be paid " before twelve ' '\: ;■ o*Cloch in the forenoon^* is manifestly contrary to the provision m that be- '-'j'l half made in the Provincial Ordinance 25th Geo. IIL chap. 2. Art. 28th. and is illegal and arbitrary, :)nd that the Court Yuih thereby assu- I'wh* me^ Legislative authority. 'Ycur Committee ^ave maturely confidered the lad branch of the reference made lo tt^vm, viz r ** The courfe to be purfucd for vindi- ** eating the authority of the Legiflature, and reprelhng fuch abufts of *' Judicial authority." The written Conftltution which this Province owes to the jultice and li bcrality of the Parliament of Great Britain, not having eflabliflied any Tribunal before which abufes, fuch as are the fubjeds of this Report, can be brought judicially ; your Committee r^fpedfully fubmit their opinion, that it is expedient to bring them under the ccrfideiation of His Majefly's Govcrnrrent in Iingland, in fuch form as the wildom of the Houle may prcfcribe, in order that juftice may be done to His Majeily's faithful fubjei^bs in this Province. (Signed) J.- STUART, Chairman. . ■■.■,»!. ''.'"■f.. f -■ ■ %. ■V V . \» '..,■■/- 44 OftDiRio, That the faid Keport be raketi into confrderfttion on Frida/ next. -;» Friday, iS^b Fehruary, 18I4. THE order of the day, for taking into conlideraticn the Report of the Special Convmittee appointed to examine particularly the Rules of Pradlice of the Courts of Juftice in this Province, and to re- port in detail up.^n the principal points wherein they are contrary and repugnant to the I^w of the Land } being read— - The Houfe proceeded accordingly to take the faid Report into coiv* fideration. Ordbrbd, That the qtieftron of concurrence be now put upon the Refo- lutions contained in the Report of the Special Comniictee. Accordingly, the firft of the faid Refolutions being read, and the queftion of concurrence put thereon, adivifion enfued : :r:-r.:' ' Yeas 17— Nays i. T'^f!-^" ■ The fecond to the ilxth of the faid Refolutions, being alfo read, a divifion again enfued on each queftion : >^ . > Yeas 18 — Nays I. And the refidue of the (aid Refolutions being read, were, upon the queftion being feparaidy put thereon, agreed unto unaniinoufly* Resolved, That this Houfe doth concur with the Special Committee, in the faid Refolutions. ;„• It was then . ■ ■-■.'i.,^r,:M-v^€;^^ l^EsoLVBD, That Jonathan Sewell, Efquire, Chief Jufticc of this Pro- vince, be impeached on the faid Report and the Refolutions : of the Houfe thereupon, and alfo on the Refolutions of the - -I Houfe of the 4ih inftaht, refpe<5ling ihe authority exerciied by • . the Courts of Juflice, under the denomination of Uules of. V. ' •- -Pra^icc. ••.,•• .^ v,^ — ,. - ■, .-->•■,• • •'.• ■^ - • --■. • •• ■ •'■ -• ■^^'^■' ■■"'.; ■:-■■■ Re- \.''kf ■4.1 M ) •■tr? yf. ■ ;'*<< V -<■■ ,•■ «l.' V ■•' I. < %.e:. # - Resolved, That Jamti Monk, Efquire, Chief Juftice of the Court of .V King's Bench for the Diftri(5l of Montreal^ be impeached on j^'f-.'v^^.^ the faid Report and the Rcfolutions of the Houfc thereupon, and alfo on the Refolution^ of the Houfe of the fourth inilanr, refpcfting the authority exercifed by the Courts of Juftice, under the denomination of Rules of rra^ice. ^, .-, k'r ^• Resolved, That a Committee of five Members be appointed to prepare Heads of Impeachment againft the faid Jonathan Stwell^ Fs- '^i* quire, and the faid Jama Monk^ Efquire, on the faid Report and Refolutions ; and alfo an humble reprefentation to His Royal Highnefs the Prince Regent, conceived in fuch terms as may be proper to bring refpe£lfully under the conlidera- tion of His Royal Highnefs, the faid Heads of Impeachment,- in the humble hope that measures may thereupon be taken to afford means of obtaining juftice for His Majefty's (ubjedts in this Province on the faid Heads of Impeachment. I - -.Jv* i»« ,r ^ Qrdered, That Mr. Stuart^ Mr. Bourdages, Mr. Papineau, Mr. Lee, and Mr. Larue, do compofe the faid Committee. ' ResbLVBD, Tfiat'tihe faid Committee have power to add fuch Heads of impeachment as may appear jufl and proper ; and that they have power to fend for persons, reoords and papers. Resolved, That the aforefaid Report, and fcveral Refolutions of this Houie thereupon, as v/tiW as the Refolutions of this Houfe of the fourth inftant, refpeiJling the authority exercifed by th- Courts of Juilke, under the denomination of Rules ot Prace tice, and the previous orders of this Hoofe on the fame fub- XSi^l-t' ■ i't jedt, be immediately printed. ^i'-k^ O'ti^f .ti' A't- .^- ■M, r- v.: n-- v:v-'-. ,*v ■'.J'' '■'^■y' .'4»' •^^ :«• (*>- i- :■ ■!-»•.* ^ .--.'-- .'i HOUSE OF ASSENjtBLY, Saturday, 26lh Fekftuary, 1814. ^h.. MR. Stuart t from the Committee appotntrd to prepare Hcadt of Impeachment againfl: Jdnathan Sewell^ Gfquire, Chief Juftice of thr Province, and Jamei Monk, Efqaire, Chief Jirftrce of the Court of King's Bench for the Diftrid; of JH^n^r^j/^ ac()uainted the Houfe, that the Committee had prepared Heads of Iftipea6hihent accordihgry, ami alfo an Humble Reprefentation to His Royal' Highnefs the Pbinp* Regknt, which they had diredled him to report to the Hob fe: And he read the Report in his place, and afterwards delivered it in at the Ta- ble, where the fame wai read, and the faid Heads of Im».' IC -V. ■v;.,. well by the duties as the oaths of his Offices, bound to maintain, . fuppprt and &dminifter the Laws of this Province^ and award judicc to His Majefty's fubjeds, according to the faid Law.«, hath hevcrthclrfs, in contempt of the faid t.aw% and in violation of his (aid duty and oatha, fet aiide the faid Laws, and fubflituted his will and pleafure inftead thereof, by divers unconflitutional, illegal, unjuft and oppreffive rules, orders and judgments, which he haih made and rendered, to the mani- fell injury and opprcffionof His Majefty's (ubjcifts in this I'rovince, and in fubverlion ot their moO important political and civil rights. n& Sixthly.— That the faid JonathJH Sewell, being Chief Jufticc, as aforefaid, and alfo Speaker of the Legislative Council of this Province, and Chairman of His Majefty's b!xecutive Council therein, did, by fall'c and malicious slanders againll His Majedy's Canadian Subjeifis, and the AfTcmbly of this Piovince, poilon and incenlc the mind of Sir jfamei Cratg\ being Governor in Chief of this Province, agiinft them, and mislead and deceive him in the difcharge of his duties as fuch Go- vernor, and did, on the fifteenth day of May, in the year of our Lord onethoufand eight hundred and nine, advife, cbunfil, and induce the faid Sir James Craigt being Governor in Chief as aforefaid, and being under the influence of the falie and pernicious fuggedions of the faid Jonathan 6««;^//, as aforefaid, ito diflblve the Provincial Parliament, without any caufe whatevir, to pallijte or cxcufe that mcafurc} and did alio coui. lei, advile, and induce the faid Sir James Craigy to make and deliver on that occafiona Speech, wherein the Conftitutional rights and privileges of the Aflembly of Lower Canada were grofsly violated, the Members of that body intuited, and their conauct mifreprefentcd. SbVBKTiiLY. — That the faid Jonatlian Seweli, being fuch Ohieif Juf- ttce. Speaker of the Legislative Council and Chairman of the Execu- tive Council as aforefaid, in purfuance of his traitorous and wicked purpofes aforefaid, and intending toopprefs His Majcity's Subje(itsand prevent all oppofition to his tyrannical views, didcounfel and advile the laid Sir James Craig, being Governor in Chief as aforefaid, to remove and difmifb divers loyal and dcferving Subjects of His Majelty from Offices of profit and honour, who were accordingly to removed and dif. miffed, wittiout the lemblance qf reaton to jultify it, but merely be. iaufe they were inimical, or fuppofed to be inimical, to the meaiurea ^ ff} . ■■'■■ ft m% \ , ;■: . I / , f": '-' I' , • '< 49 4iiB'^6\^y*pr6mtU6 by the Taid Jonathan Sexvtll, and in orcltr, in one inftance, to procure the advancement of his brother. Eighthly. — That the faid Jonathan Sewell^ in order in the ftrong- eft manner to mark his contempt for the liberties and rights of Hit Ma- jefty't Subicfli in this Province, and his difrefped foi their Reprclen* catives, and for the Conftitution of this Province, did in the Summer of the year one thoufand eight hundied «nd eight, among other removal^ and difmiflals from office as aforefaid, counfel, advife, and induce the faid Sir Jama Craig^ being Guvernor in Chief, as aforcraid, to difmit^ Jean Antoine Panet, Efquire, who then was and during fifteen years preceding, had been, and ftill is Speaker of the Aflentbly of Lower Canada, and in the full enjoyment of the efleem and confidence of his Country, from His Majelly's Service as Lieutenant Colonel of a Batta- lion of Militia, in the City of Quebec, without any reafon to palliate or excufe fuch an Adl of injufticc. Ninthly.— That the faid Jonathan Sewell^ being fuch Chief Jfuftief , Speaker of the Legiflative Council, and Chairman of the iitccmvit Council as aforefaid, regardlefs of the dignity and duties of his high of. lices, and in purfoance of his traitorous and wicked purposes aforefaid. • did, by an undue exercife of his official influence, in the month ot Ma:rcri in the year of our Lord one thoufand eight hundred and ten, perfuade and induce Pierre Edouard Dabarati, Printer of the laws of this Province, to eftablifh a News Paper, under the name of the" Vrai Canadierl** to promote his fadious views, and for the purpofe of calumniating and vilify infj part of his Majefly's Subjeds, and certain Members of the Af- fembly of this Province, who were obnoxious to the faid Jonathan Jewell, intp which paper the faid Jonathan Sfwell caukd to be introduced va« rious articles containing grols libels on part of His Majclly's Subjei^ts, and on the AfTembly of Lower-Canada: and that the faid Jonathan Seweil did compromit the honour and dignity of His Majefly's Government, l)y pledging its fupport to the laid Paper, and holding out afTurances of us . favour to ihofe by whom the laid Paper night be conducted an(||i^. ported*,''.,,. {^ ,-.:.,.■.•■.■ ;«iii^^..^*'.. f... ,^.' ''j^Y '■ ■- *■■'' .vJv. .', ., 'f.v*,-;-i; ^'i*< ♦ Tenihiy — That the faid Jonathan Sewe//^ being fuch Chief Juf^ lice, Speaker of the Legislative Council and Chairman of the Execu* live Council as aforefaidi in purfuance of his traitorous and wicked pur- . - pof es V .A' ,- !<■ ■ ' '< 4«» n. .*..,, *•• : .. t dMiM ''. H <.^kri* « '' lA. pofei aforcraid, anJ intending to extinguiHi all reafonable freedom of the Prcfs, dcftroy ihe rights, liberties and fccuniy of His Majcfty'i Subjcds in thi^ Province, and lupprcfs all complaint of tyraniiy and opprriTion, did in the month of March in the year of our Lord one thoufand eight hundred and ten, counlel, advife, promore an J ap- prove the fending of an armed Mititary force to break open the dwel- ling Houfe and Printing Office of one Cbarles L$ BrMn^oit^ being one of l-fit Maiefly's peaceable Subjefls in the City of Quebec, and there arrefl and imprifon the faid Charles Le Fraf/foii, and feize and bring away forcibly a Printing Prefs, v^ithi various private papers; which mcafure of lawlrfs viol(;nce was accordingly executed, and the faid Prefs and papers have fince remained depofited in the Court Houfie in the City of Quebec, with the knowledge and approbation, and under tYte eye of the {zid Jomtthan Sewel/, i/* -itr' '^mti. ElBVBNTHLY.— That the faid Jonathan Sewellt being fuch Chief Juf- tice. Speaker of the Legislative Council and Chairman of the Execu- tive Council of the faid Province, in purfuance of his traitorous and Mricked purpofes aforefaid, wkth the intention of opprcfTlng individuals fuppbfed to be fufpicicus of his character and views, and inimical to his pdlicy, and for the purpofe of ruining^ them in ihe ppMic eftimation, aiid preventing their re eleAion as Members of the AlTcmbly of Lower Canada, did counfel, advife, promote and approve the arreft of I^ierre Bedard, J^ranfois Blancbett and Jean Thomas Tajchereau^ Efquires, up- on the falfcand unfounded pretext of their having been guilty of Trca- fonable Pra^ices, whereby they might be deprived of the benefit of Baii^ and Jby means of the influence derived from his high offices, under the Government, caused them to be imprifoned on the laid charge, in the common Gaol of the Diflrift of Quebec, for a long Ipace of time, and at length to be difchar^ed without having been brought to a trial. ;,tl-i,-\ l;^..,: ^: iJ[.^ '■.:. .. ^■^^.^li .. ^ ^.l-,/':'- V'^^.^*'- ' '::■ * TwBLFTHLy.— That the Mid jfon(tthan Sezoe/l, availing himself of the influence of his said Ofhces, in pursuance of his traitorous and -wicked purposes aforesaid, and in order to mislead the Public, deceive His Majefty's Government, and obtain pretexts for illegal and oppres- sive measi!ires, infligatcfd and proriio'ieci various.acts of tyranny aiid op< pression .similar to (hose Jafl mentioned,, in other pans of the province, vf hereby divers individuals upon the false pretext of having been guilty »■■>'••'■• ' ^f ■ ■ ■ • * ■ !. oi 0: 11 fi >■■ w Ui-i ^'^^ . 4- k.' ,-.' -x ■■^M :■ +■'■ St Qf treasonable practices were eyposcd lo unjuft prosifcutionsJmprisoDed ao<^ oppressed and one of ihem Fratffois Corbet/, being c»)d and in^rm, Waiby tiic rigour of his imprisonment d<;prived 6f liie, and whereby, geileral atarm and apprehension were excited in His Mtajefly's Sub- TH'RTEERTHtY.— That thc ss^M Jonathan Sevfc/l, b-^ing Chief Ju ft ice. Speaker of rhe L.cgiflative Council, and Chairman of the Executive Council as aforesajd,' in pursuance of his traitorous and wicked purpo* sesaforesaid, ontheiwenty first day qjLMarch, in the year of our Lord one thousand eight hundred and ^j^A^jTDeing a rime when profond tran.- quillicy pi'cvailed in the province, and when no murrndrs wfcte hcjiAJ, or diacohtenrs felt, other than those produced by the tyrannic and op^^ prcasiyc noeasures previously adopted by thtradvicrof ihe'said Jonalban Seweli, and when the loyalty of His Majdly's subjects and ihcrr ar-' tabhmenc to his Government were,- nevertheless, unimpaired, did maliciously, traitorously, and wickedly infuse into the mind of the said. Sir James Craig» being Governor in Chief, as aforesaid, tb«, iriQ^l false and unfounded suspicions and alarms, respecting the disposuionit and intentions of His Majrfly*s Canadian subjects ; and did counsel, adt %ise, and induce ihe said Sir James Crai^, to issue a Pruclamatioa, extraosclr u>.ry and unprecedented as well in style as in matter, wherein! :hearb; jy, unjull, and oppressive imprisonment of the i^\d Pierre Bedaidt Franfois Btanchett »n6 Jean 'Ihomas Tatcbereau^ was refer- red to in such manner, as might induce a belief of their Qw-ii] tmd excite the greatelt o<^;ttw againft them, and wherein such staiementf were made as iniplied ihat the Provmc? was in a state dppr6ac^ing open midrrectlon and rebellion, whereby the character 'of H;S MaKlty's Canadian subjects was molt falsely calumniated, ^reat injuihce done lo private individuals, and fo.eign states m^y have been drawr, and there is thegreateft reason to believe from subsequent events Were drawn, in. to a belief <*t such disloyalty in His Ma|e(ty'e Canadian subjects' >s atoreiaid, m purfuance of his tiaitorous and wicked purpoiei atorefaid, did labour and endeavour, by means of his ofticiai influcncci to extend and confirm the unfounded imputactcns made, and alarm ex- . cited by the laid Proclamation, and in the Term of the Court of Cri^! , :^,.,,,,,.^^;.,^,^,.-.^,..-,, _,.,,,_.. , ^..^^■" ";:•'. minai ".i "j -i-^t ' ■-', I:.'!-' ' i minal Jurisdidiph hjclU 19 the fi^Ul ritonkli of A^arich/onc thpu)4n(f eighty Aun^rH and j^jiNPj^^a^ ProQlamatJoii ir. optei) . Cpitri;^ for.^n^j purpoCr of influcnciiig tfic n)inds of the Grand' and Petit juries, ifit^' extrcifc of tneirjrcfpedtivc duties. ,, ' ',, i\* 6ich Gh'it; tq^ice. Spfiakcr of the l-fgillative Cdun(^iaforefkid,hati? iaboured and eh(i^aV6'uftd topVr^dutjf'i^ H Mi^-' Jeftji;* Gpvcf nmeni an ill bfiinion of frfis Majcliy'k* Canadian J^Wt^v' with- a view to opprefs them, and favour the progrefs of Atneritan ia-[ fluence in this Province, and hath thiirdrduOy andwickedlylbufed th-^^^ power and authority ot his high offices, to promote the advantageoui' eihiblilbment6f Amerieaas, b&ing Subjecl^ ofi)ihj;.ijCr9«ef»fnieit(i\«r the Un^iedMSttiesof 4bmeriiC8. in thi4 Province, and 'ta.ifMTe the waj^ far. Anrrierican predominanceiherejn, c6 the great prejudice and 1 iil|ury of Hit Majedy's Canadian Sulyjeds, and with a view.to /the subtrervtont^f it i H' 'iiliai * n-^K- .■■R- •',„•)- j; <'1 \n ' A"-':. ■'■■''']: ■ •»;•',>■• f^SiXfeBKTMLy.-'^That the (aid ^'/naiban ^etuc/Z^hifluenioed^h^atdefiro: to act derate a political cdnnex ion of this Prov,ificei,i ^leisbpftft /of; thei United-States of America, and to deprive His Majefty's Canadian Sub» jeds «f their prefei^cConilitution and Law^\ did in or about the month of ^nutry^ in the year of our Lovd ono thouiand eight hundred (ifidnin^, enter intoa bafe and wicked conlcderacy withone John Henrys anivd venturer of fuspicious character^ for the jHirpofe of fowing lamJ; vfXispemting diflention among, the Subjeds of the 6o,vernment of the fUid united- Statf:8, and producing among them infurredhon and rebels lion, and a conleqj«;ntdif:nembcrrocut ut.the union, and in hirtheraw.. ce of the objeds of the laid confederacy, did, by artiul and faife brpce.' fcntationf/, counfel, advife and induce Sir James Craig, being Governor in Chief of thi< Province, to lend the (aid John Henry on a miifion to the faid United -Sti^tes, v^-hereby the attainment of the view- of the faid Jonathan Seweii was to be promoted, and the faid Jonathan Snutll be came and was % channel for the correspondence of the faid John Henry, respecting his milTi ^n aforei'aid : by which conduft the fdid Jonathan 4'«t»«// hath expofed 'lit Majcfty's Government to imputations ftflcdtmg 00 its honour, and hatk rendered himfell unworthy of any place of truft under His Majci^y's Government, S«vkn- ", ■"> ■«' 'Vi- .'.^^ «-fL- ■\i- . :^ ,i V^H;-. V<'.?--^1 ^v .-.i^ ■'■• > ,>■'■ i:'^;-Hr •f ;v<'-.i': 't-:: 'Ki^V-r- s^ SivxNTs.ENTHt'Y.-Thn^hc fajd Jon«tb4tn ^^weUb^ing A)ch Chjcf jus ^i^il^y^ii Canadian 3ubieds. and produce a w^nt of C94|fidence in t|ie, admii ijiilr^ipn.qf Hjs Maj^y's Government, and thereby weaken its exer^ tion»v,i',^,^ . ■,...,.;■.' : .; ] .:■.'■' ..'•. ' _^: ' All which oritnes^ndmisdemeanon^ above mentioned, were done> and committed by the said Jonathan Seiveth Chief juftice of the Prd.-^ vince of Lower Canada, whereby he the said Jmetkan SzoeHi hach traitorously and wickisdly and maliciousljr laboured to alienate thtf Hearts of His Majefty's subjects in this province from His Majdt^t and to cause a division between them, and to subvert the confVitution and Laws df this l^rovinee, and to introduce an Arbitrary and tyraithi-t cal Government, contrary to his own knowledge, and the known Lawti of this province : and thereby he the said Jonathan S£wflt» ilatK- i iidtf ' only broken his own oath but also as tar as in him lay, brok^ thQ King's oath to his people, whereof the said Jonathan Sewelit reprdseii^ ting His Majefty in so high an Office of Justice, had in this province the cuftody : For all which the said commons do impeach the said Jonathan Sewelh, hereby reserving to themselves the liberty of exhH biting at any time hereafter any other accusation or impeachmemagainfl^- the said Jonathan Sewell^ and adopting such conclusions and prayed' upon the premises, as law and Juittcc may require. ii^;^;;|vv ,xi,it,. in^^ if-r K- H\y ii;^.i^]ik-\' 't-t^»h7 'i ( Hcidi ' * /- •i ' '■■ ,' . >,,•' i' :■-'' ',.» "-A ■ •, . t- '^A-!^'^ ■f "• ':..■?>: '. ■,' ■<*■ . ,i.», • ■ \.; ■■'S t'. : ,? . 7 ' "' :- ' •■|.C- .' »- V'.. if Irtl|jeii(li'flnf«ftt '«rf yoptef Moni:, Ef^oirel, Chief Jaftke of His IVIajtJfty's Court of King's Bench for tlic Diftridk of ' Mon/teM, in the Province of L&iJDer-Catiada,' hyxht Commons of Lower-Ccnada^ in this pre feht Provincial Parliament aiTem- •'fl>fcd, irt their bivnhamfe, and in the t>ameof all the Commons »^ of the iaid ProviiKC. ^ ^ ' / hl^- '>hiJr m b;l», j>i»(Vitif; *r!i«' ■ ■ ; ^)a:?i'j .■■<>; '. •/>;''■ J . ' •; ii ■ l^ri^iT^tFbat thefaid 7(Mw'.' -J: ^ V- .....•,'■ . iff) ',■;-• '•■■)r-. .. \\x.\ '^de regulationa fubverfiveof the iConftitutioii' and Laws of thia Province, : . ?Pivi>^^, ; /^"hirdly. — That the faid James Monk, being Chief Juftice of the faid Court of King's Bench for the Diflrift of Montreal, and Prefident of the Provincial Court of Appeals, in caules ar raled trom the Court of King's Bench for the Oiftrift of Quebec, in pu '^ce of the traitorous aiui wickedpurpofes aforcfaid, did, on the nineteen ' d v of January,: in the year of our Lord one thoufiind eight hundred a nine, make, confeot lo, concur in, approve and publilh, and Caufed to be made brl published, by the faid Court of Appeals, various regulations, under the name of " Ruin and Orders of PraSice,** in the Provincial Court of Appeals, repugnant and contrary to the Laws of this Province, whereby the faid James Monk wickedly ;:ad rraitorouily, in fo far as in him lay, endeavoured and laboured to ( hange, alter and modify, and caufe to be changed, altered and modified, by the faid Court of Appeals, the Laws of this Province, whr.h he was fworn to adminifter, and afTumed le^ lative authority, and by the faid Regulations impofed ilkgal bcjrrhens aod rc^raiflM .upon Hit Majefly's lubjedti in the cxcrcifc of their legal • H' rights,. ■. '' ^■..-'' ' ■■;■'.' '■•'.-- ..•,: ": ■./ ■/ ^' . - ; ' • \ 11 il im M • n 55 . '.5'.,>. ■'.r'.t '■ ■- rightt, and attributed to the faid Court unconftitutional and illegal powers and authority, altogether inconfiftent with the duties of the (aid p)urt, and (ubverlive of the liberty and juft and 'egal rights of His Majefty's fubjects in this Province.. i Fourthly— That the '«:d James AfonI/ being Chief Juftice of the faid Court of King's Be..'^ for the Diftrid of \fontreal, as aforefaid, in purfuance of the traitorous and wicked purpofes aforefaid, did, in in tne term of February, in the year of our Lord one thousand eight hundred and eleven* make and publiih, and caufe to be made and pub* liflied by the faid laft mentioned Court, various Regulations, under the name of " Rules and Orders of Pradice," repugnant and contrary to ; ihe laws of this Province, by which Regulations the faid James Mcnk, t^v; in fo far as in him lay, endeavoured and* laboured to change, alter and - modify, and to caufe to be changed, altered and modified, by. the faid lad mentioned Court, the Laws of this Province, which he was iworn ,: to adminifter, and affumed Legislative authority, and by the faid Regu- ;; hitions, impofed illegal burthens and redraints upon His MajeUy's Sub- jetUt in the exercifeof their legal rights, and thereby attributed to the faid lad mentioned Co>'rr unconditutional and illrgal powers aiid au« v thority, altogether inconfiftent with the duties of the laid Court, and ^ fubverfive of the liberty, and juft and legal rights of His Majefty's Subieds in this Province. Fifthly. — That the faid James Monk^ being fiich Chief Juftice and ' Prtfident of the Court of Appeals as aforefaid, and as well by the du« *'. tics as the caths of his offices bound to maintain, fupport and adminifter > the laws of this Province, and award Juftice to His Majefty's Subjedls. according to the faid laws, hath, neverthelefs, in contempt of the faid ~ laws, and in violation of his faid duties and oaths, fet afide the said laws, ard lubftiruted his will and pleafure inftead thereof, by divers unconftitutional, illegal, unjuft and oppreflive Rules, Orders and Judgments, which he hath made and rendered, to the manifeft injury and oppreflion of His Majefty's Subjeds in this Province^ and in lub- < verfton of their moft important political and civil rights. .^^ i Sixthly.— That the faid James Monk, beingfuch Chief Juftice as '\ aforefaid, in purfuance of hi.t traitorous and wicked purpofes aforefaid, v hath, in the exerciie of his Judicial powers, openly and publicly afcri- \' ■,.« *■•: «-»"«-^' * ■ •-^hffii' t«. •r, "-j : -y .->,. bed to the faid Court of King*i Bench, the power of a^t^ri^gi chan- ging and modifying the laws of this Province, and hath alleged and declared, that fuch power had been recognized by all the Jodgei ofthe land in the Provincial jCourt of A{)^al8, and on fuph his faUie, traitor, ous land wicked opinions and declarations, hath founded judgments of the faid Court. :.;>'; i li StvBNTHLY. — That the faid JainefMonk, being fuch Chief Ji^ftke as afofefaid, and bound by the laws of this Province to^prpictl and maintain the peifonal libeuyof His Majefly's Subje^s, and rj^eve them from illegal and unjuft imprifonment/ hath, neverthelefs, oontrary to' his duty, and in contempt c>f the faid laws, denied Wtirs of Habeas Corpus to perfons legally entitled to them, and thereby deprived Hii MajeHy's Subjc^s of their deareft an^ moft important rights, and hac'i wilfully oppreflcd them. Eighthly — That the faid James Monk, being fuph Chief Juftice as aforefaid, hath, in certain cales, promoted, counfeiled and advifed Criminal Profecutions, and hath afterwards exercifed his Judicial pow- ^ era, as iuch Chief Juftice, and haih u: in Judgment upon fuch Profe* ' cutiQns^ t; All which crimes and mifdeneanors abovemehtioned, were done and committed by the f^Lid James Monk, Chief Juftice of the Court of King's Bench for the Diftrid of Montreal, whereby he the said Janus Ai/0»i hath traitorously, wickedly and maliciously laboured to ahenate the hearts of His Majefty's subjects in this province froniif His Majefty, and to cause a division between them, and to subvert the conftitution V and laws of this province, and to introduce an arbitrary and tyrannical Government, contrary to his own knowledge, and the knoWn laws of this province :. And thereby he the said James Monk hath not only ; broken bis own oath, but also, as far as in him lay, hath broken the ^."j. King's Oath to his people, whereof the said James. Monk, £squi're, re- ", presenting His MajeOy in so high an office of Juftice, had in the said ! Diftri&oi Montreal, thecultody. ^' ,v For all which the said commons do impeach the said James Monk, - hereby reset vine to themselves the liberty ot exhibitina; at any time hereafter any otner acculation or impeaichment againft the said James \ Ha , Monk, ' ■V7*^>^:S- *■':' ^ ■■:'/-■ .'ft- .' !. , , ^\'n i I- \ :n^ ,-■•.-/ f - ••.\-:,^'r,:. •it A. r ■" • ' ^i7 fjl I*^ ai4 Jyfticc may, tii^qiiii^^^^ ind'ptiiyer tipon thb ' pi^ehiiftt ■..! ■rf- "M r: .^U . - 1 ' TO HIS ROYAL HIGHNESS THE PRINCE REGENT. KfAT IT' #tEA8E VoUR RoYAL HlOHNESS, f "Vkr^ ^^^ Mjijefty's mod dutiful and Loyal Subjet^ls, the *,¥^ Conimona of Lower Canada, in Provincial Pa^iament assembled, do acknowledge with gratitude the many and great advan- tages which have been conferred on this Province by His Majefliy'^ ,wi§f and |uft Government. Among these, we have reason to assign rhb firft place to the Excellent ConfHtution which -has been imparted to His Majefty*s Canadian Subjects, whereby their civir and political rights have been secured^ and conflitutional means provided for the inveftigationof abuses and griievances, which might, if permitted to cpntinue without remedy, prove not less injurious to His MajeftyS jGovcrmnent, th4nta the intereftsof His Subjects, »^ i M»tw^^ It would have been gratifying to His Majefty's faithful ComrtibHi^^ if they^ould haveaflured Your RoyaK Highness, that the beneficent in« teiKioDsof His Majeily-s Gove mmem towards them had been realized la the'condud of its Officers, but, uofortuhately, it has become otil- 4)ain|ul dutyihuoibly tp reprefent to Your Royal Highness that, ih confeqiience Qfabiujfesofauihoiity, which have been committed bv the prinpiip^l officers in the admtnifiration of Ju dice, the rijghts or His Ma^fty's faithfulsMbjectsinthis province have been vibTated io tht unoft efietuial points* , ■ / . 5,;Diuringthe4)tcfentSefl!onofth. Provincial Parliament^ the attefi^ tibn of His Majefty's faithful Connmohs has been directed to the exer* ,(^jP pf-an authprity ^fTu'tri^d by the Courtafof Juftice, Under the deno- mination of " Rules oft Prai^ice,** and wre have been alarmed to And, that under that name the Courts of Jaftice have arrogated to themfdves pawcrs, which belopg cxcluiively la th^, J^egiflature^ and have nsade regulations repugnaht and contrary to law. Thcie powers have ,?• ^■:-r r,*-.^ \ - A "l ' »s. ../ , of His Maje(lyVsu^fCt« mthcfn(|(Ck important pointi, and in some inftances in the mo,0 ogi^^efliye manner ; and would, if coHtfihiued, de« prive His Majcfty'i suQjef^ts in this p^rovinee of theii* conftitutioit and JLaw^i and subiecc chem'tbihe arbitrary will and pleasure of the Judges. Wc| Mis fefjy^y^i |i^iihf(iVt?oAihvW th^ 'thefc abuftk of authority have« lihce the appointment bf yottafhan Sevffllt Ef^ui^e, to be Chief Jpftice of this Provinc tion of authority bomplained of wasVite'fcifed, and having ttius pledged the Court of laft refort for the maintenance of that aflumption, ^hey afl tcrwards m the Courts of original Jmy ifdi^ion) in which,tney refpei^t^ve- ly pieHde, aflufOed like a>i|tHqrity, ^d n^ade unconAitucipnaj, ijtegal find oppreflive regulations initiiiofe Courts, which they concur in maintajnr ing, aadito whi^h ibcir unite$l,.influeocj?^iyes en|4re^' e^e<3^^, to the fiib- .^v()OR of ihc Conititution and 9i %^P >1 dated the 2 It was then RisoLVBD, That' a Committee of five Members be appointed, to prc- • pare an Addrcfs to, His Excellency the Governor in Chief, •^fK#i*^i to inform His Excellency of the proceedings of this Houfe ■'^^iAy againft the laid Jonathan Sewell and James Monk, Elquires, irfeb^^^ and to pray that His Excellency will be pleafed to rranfmic ^f tf the laid Heads of iiop^chanent and Reprelentatton to His ' " ^ c ' '■ " ■'■".".; '-^ --v '■..■ -■•, , '■ / '*>.'' '"'("■'j' ■'■■'%■'■..'■, C '-: ^^'. ■ --. -..■:■:■.-■ . : - ■ ■ .-V ■■■."^-;' '-v. ■•■.v.- , ■-■ ■-- A'r v-vrT- ., I 'X. / ^. < ■*■■■. I»^- -'•<■ 1 ':■)(''■ -'^t^ !t ■\m m ,-.-f..,. ■ -V. .-■» ■jr.. ■'-t ■ u. ■■ ■ .■v.. 6i :■ Majefl>-B Minlfteri, tp be * laid bif fore H>^^'^'«J''WighWc1ls ' the Prince Regent ; And dlfo tbf the pvtcdtt oT rtprcfcnting • . • to Hi« Exceftehty the ncceflfty'bf tulpr rtdihg tht laid Jona^ than Stvtell and Jamei Metiky from their Offi'cfs, unt'il His MajrHy's pleaiure may be known, and prayit)^ His JExccU Icncy will iufpend ihem actordingly. pR0ERiD, That Mt, Stuart, Mr. J^apinfaUf WLj^^BourJ^es^ ^r^ Lie, and Mr. Dinecbau^ do compoie tiic, fauiLOon^^iii^ce. The Committee retired, and Tome rimd afteri ^A Mr. Stt^att reported the, Andrei* to i-1 \^\iv^Utuf^ the Governor in Chief, purluant to the foregoing Refolution, and the Addrcfi^as rcad^ andiS;a« follQweth; , , /^ ^ rtr* TO »1S BXC£LLG»4€Y >-f I GB ^, BARONET, Captain: General and Governor in Chief in and over the Provinces of Lower Canada, Upper-Canada, Nova-Scotia, NcW-BfrunsWick, and . ,thck several dependencies, Vice-admiral of the same. Lieutenant ' : General and Convmandcr of all His Majefly's Forces in the sard . " I*rovinces of Lower-Canada and tipper-Canada^ Nova-Scotia and . ' > New Brunswick, and their leveral dependencies, and in t^e Islands of . ;iNewkHjndiand, Prince rEc^iird>C«peJ3FeiQDaiid Bernnuda, &c. &c. May it please Youe Excellency, ■ '■ff It '^ His M>j€jicy> wo« (Juriful and. Loyal Swbjectfi the Conv» .^ fg ■ mohs of .Low^rC^t nad^ jin Provincial Parliament iissembledl, " bt& leave to inform Your' Excellency, that we have found ourselves constrained by a sense of duty to direct our attention to c^fMjai «lHBes of a dangerous nature in the Courts of Justice, in wliich Jonathan SctuflU L>quire, Chicr Justice of the PrtoViftcej and' Jj/iames 'MoMki\ isqtiifci Chief jasiiceotthid'fc'bbft of' Kihg'feBfciich for the District ; of Montreal rcspiectively prt side, and to bigh oiffences coramitted by "' thctti, Upon all Which WchaVeiVamed Heads of Impeachment against the said JohdthJn Sewetl artd James Mokk» Esquires, and an Humble .%- Retaesentatiohto iHii^'Rby«PH?khn*84irh# ft-iik©iRtoetiti which we ;* - ) < .--S;, •f '"il i' •^\.' e.V. ,. :- ''^: « <"'■ :-■■: -''.J ■y- <» I htve now the honour of prei entinc to Your Excellenc/, and pnjr that Your bxcelkficy will be graciouily pleased to trai'smic them to Hit Majesty's Ministers, to be laid before His Hoyai Highoeia the Prince Regent. . ., Considering the nature of the Charges which it has been our duty to exhi hit against the said Jonalhan Stwell and Jamts Monk, £squires) wc- deem it incMPiHcnt upon us most respectfully to represent to Your Excellency rhai it is not consistent with the honour of His Maiesty't Government or the interests of his Subjecta« that the said Jfon^ihc^n Seweilaind James Monk, Esquires, do continue in the execution of their respect we Offices, while the said charges are depending against them, and we humbly pray that Your Excellency will be graciously pleased to suspend hem from their said Offices until His Majesty's pleasure may be known. It was then moved that the Houfe do concur in the faid Addrcfs. . The Houfe divided upon the queftion, and it being carried ih the affirnuuive, it wu ^ ^i^it,!:^ RisoLvxD, That this Houfe doth concur in the faid Addrefs. O&DsaxD, That the faid AddreCi be engrofled,. Rbsolved, That the faid Addrefs be prefented to His Cxccllehcy the Governor in Chief by the wnole Houfe. J ■• I ; ORDsafiD, That Mr Stuart, Mr. Beurdages, Mr. Larue, Mr. Huot, MrJ' Blanchet, Mr. Leie, Mr Gauvreau, and Mr. Papineau, do wait upon His Fxcellency the Governor in Chief, to know at what time His Excellency will be plcafed to reccivp this Hour* with the fold Addreft. ?: : ' , ■% 11 c . v; M ^ • -' ' "'-^'^ Monday, a8//& February^ 1814. ^ R. Stuartt accompanied by the other Meflfengers, reported, that they had waited upon His Excellency the Governor' in Chief, I purfuant :(■; r^^m > '' ■ ' ''.- ' .%¥ -• ■• ■* ; ' . <>3 ',1 .1 ■-»'•' .!» I purfutnt to the foregoing Order, and that Hit Excellency had been plcafed to fay that he wifl receive thii Houfe with iti Addreff on rhurfday next, at one o'clock in the afternoon. vJ* A V HOUSE OF ASSEMBLY, ■* , Thur/day, ^d Mtrch, 1814. ', T the hour appointed, Mr. Speaker and the Houfe went up tt the Caftie of St. X^wit with the AddreCs ot thii Houfe. And being returned, '^ Mr. Speaker reported, that the Houfe had attended upon Hit Ex* cellency the Governor in Chief with their Addrrfi, to which His lix« cellency was pleafed to make the following anfwer : . ** I flnll uke an early opportunity of tranfnnitting to His Majefty*a Minifters your Addrefs to His Royal Highnefs the Prince Regent, to* gcther with the Articles of Ace ufation which have been preferred by you againft the Chief JuAice of the Province, and the Chief Juftice C>i the Diftridt of Montreal. But I do not think it expedient to fuf« pend the Chief Juftice of the Province and the Chief Juftice of the Diftrift of Montreal, from their Offices, upon an Addrefs to that ef« fed from one Branch of the Legiflature alone, founded on Articles of Accufation on which the Legiftative Council have not been coniulted, and in which they have not concurred." ■Jt was then „';r;-:;Xf-?^«*:^-w^.^- 3. " ■JH^-t 7^:;?:.>v<-.'; Resglvsd, That the charges exhibited by this House against Jonathan Sewell and James Monk, Esquires, were rightly denominated '».-.; ^^ Heads of Impeachment*** •tp^^^f^^0$^!i.»>,■>^t\^'■'^'•■-.~.K ; ,- .'.i v.;".- Rsso;.V£D, That it is the unquestionable constitutional right of this ' House to offer its humble advice to His Excellency the Gover- r >- nor in Chief, upon matters affecting the welfare of His Majes- * ■ ■ 1 < ►• /. •V'i ' '.. • Si «. ^4 ^'.f :r ■ ■'. ty's subjects in this Province, without the concurrence of the . . Legislative Council. RESOLVED, That it is peculiarly incumbent en this House to mvestigate abuses calculated to deprive His Majesty's subjects of the bene<* fit of their Constitution and Laws, and of the pure administnu tion of justice, and that in bringing under the view of His Lxt cellency the Governor in Chief the gross abuses and high offen* ces referred to in the Address to His Excellency, this House ^.'v^ ..' hath performed the first and most essential of its duties to the V* ' people of this Province, Rbsolvep, That it is the indubitable right of this House to exhibit accu- sations to which it is constitutionally competent, without con* ' ' . suiting, or asking the concurrence of the Legislative Council, . . V suid that in framing and exhibiting the Heads of Itnpeachn^ent referred to in the Address to His Excellency the Governor, in Chief, this House hath exercised a necessary and salutary power V , vested in them by the Constitution. Resolved, That His Excellency the Governor in Chief, by his said An- swer to the Address of this House, hath violatea the constitUf tional rightJB and privileges of this House. , v- . ^ f ■' ■iV, ■' .| ..^. >. ■^IMHF ^1