m %:i> -^ -^^- IMAGE EVALUATION TEST TARGET (MT-S) A, <- .5^^. 1.0 2.2 I.I '•I no !! 2.0 .8 1.25 jILU 11.6 6" ^ V ^. V2 ^ %. ^ ^^' cW d*t ^x"^? > Photpgraphic ^ *--»« .^-^'S.-^. ^-* ^-^ rf-^ Corporation ^^ ^ 4v «; 6^ <^" ^^ ^.^4s -b" ..^ " % n>^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreprod'jctions / Institut Canadian de microreproductions historiques CC) 1%70 Technical and Bibliographic IMotas/Notea techniques at bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliograohically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagie □ Covers restored and/or laminated/ Couverture restaurie at/ou peiiiculie □ Cover title missing/ Le titre dr couverture manque □ Coloured maps/ Cartes g o CO W to O '■A > > feu. g :5 o O 2 1. ■ o o O I I i I ft. i I PROVINCE OF LOWER CANADA; Court of Appeals. In a Cause — between James Swan, (Dcjendant in the Court below,) Appellant^ AND John Mowatt, ( Plaintijf' in the Court below,) Respondent. APPELLANT'S CASE. THE Respondent instituted an action in {he Term of Pebruary last, in the King^'s Bench at Montreal, against (he Appellant as inddrser of certain protested bills of Exchange, drawn by Messrs. PArrEiisoN & Ct). in ^vor of the Appellant, directed to U. & J. Johnson & McQuoid. The Appellant pleadi'd as a declinatory Exception to the said action, that the said Appellant before and at the time of suing out (he writ of Summons, in the said cause issued was domiciliated and resident at London, in that part of the United Kingdom of (jreat Britain and Irehnid called Englandj and before and at ♦he time of and since the suing out and serving of the said writ of summons, had not any domicile wiiutever within the jurisdiction of the said Court, to wit, within the di^rict of Montreal, or elsewhere, in the Province of Lower Canada, and that no legal service whatever of the said writ was made to or upon the said Ap- pellant personally or otherwise. To this Plea the Respondent answered, that some short time before the issuing of the said writ of summons, in this cause issued the said James Swan was com- nioraut, domiciliated and resident in the City of ]Montreal, in the said District of Montreal and l^rovince of Lower Canada, to wit, in or about the month of July now last past and since thai (inu\ And that at the time of suing out and service of said writ of sununons he the said James Swan had a domide within the juiisdiction of this Court, to wit, at the said City of Montreal in the said District and Province aforesaid, ;.iul further because legal service was made of the said writ of summons, at the said .lomicileof the 'jp-d Jnn;es Swan, hciiii^ his last place of residence and abode iciLhin the jurisdiction of this Court. The Sheriir of the Di.-.ir:ct ')f "^'ontreal leturnod, upon tiie writ of summons in the said cause, 'hat he had caused the said James S\', an to bo suir.iuoned to be and appear, on tiu' day and vA the |)lace in the said uii( ((iiitaiiicd, to answe ' as the said writ (k'nianded and required, by leaving a cop\ of the said \\\\l and of the declara- tion tiiereunto annexed, wiili a grown person, at Ihe la-l d'oniicile of the said JanK'sSv>an, at the house occupied by the Miss Dupen's, in Saint Vincent Street, in the City of Montreal, in his District, as by the said writ lie was commanded. It appears from the evidence in this Cause that the Respondent had '' for " manv vcars been engaged in the business of agenev whic li made it nece-s.sary " for hliu to travel from place to place without having any lixed abode any where, " and that when at Montreal, he lived in taverns and boarding houses"— In fact, the writ was served at the last boarding house at which the Appellant had lodged. The Appellant contends — 1. That since th.e passing of the Provincial Ordinance 25ih Geo. III. c. 2, ser- vice of ])rocess nmst be made at the divelling house of the Defendant ; and that service at the last domicile is not a valid or legal service. 2. That, in truth, the place at which service of the writ of summons in thia cause issued was made, was not the last domicile of the said Appellant. : . Quebec, 13th July, 1812. 1470S3 ■>■> ? ^-