There are of the English judges in the Court of Ap peals, who do not pretend to understand the French law, or law books; their decifions, therefore, must be given on their ideas of the English law, or on the fenfe of the principles of equity arifing out of each particular cafe.

The English gentlemen, who understand both languages, have always, in my opinion, made up their judgments either on the laws of Canada; that is, the written cuftom of Paris, and fuch judgments, ordinances, and declarations of the intendants and fuperior council, and edicts, ordinances, and declarations of the Kings of France, as in their apprehenfions were introduced into, and applicable to the ftate of, the colony antecendant to the conqueft, or upon English law and ftatutes, as the justice of the cafe required. Decifions on real right, fince the Quebec Act, have, or ought to have, been governed by French law; many mixed and perfonal actions, particularly perfonal actions of a commercial nature, have been and must be decided by English laro and usage, or participate, to do juftice, of English and French.

Anfwer XVIII. The Court of Appeals confifts of twenty-three members, Canadians and English; any fiye of whom, with the governor, lieutenant governor, or chief justice, make a Court of Appeals; each member gives his vote or voice on each caufe, beginning with the youngeft

youngeft; and the majority of votes decide it. The Judges of this Court, as of the Common Pleas, (the Chief Juftice excepted,) have not been profeffionally bred to the law; therefore, it is not furprifing that judgments of courts, fo compofed, and fo fluctuating, fhould be contradictory. I do not believe, that any court in the province has laid down, or eftablifhed by it's judgments, the law to govern commercial and perfonal actions in all cafes.

Anfwer XIX. The gentlemen of the bar have appeared to me much embaraffed to advise their clients, of the law which the courts would adopt to decide perfonal actions, and ftill more so to af certain the law that would or ought to govern the points of practice. The ordinances of the province, the code civil of Louis XIV. in 1667, commercial laws of France and of England are reforted to as imagination directs. I have had occafion to confult the English and Canadian advocates or practitioners, and have found fuch to be their legal advice.

Extract from the Evidence of Hugh Finlay, Efq. Member of the Legislative Council, and Judge in the Court of Appeals.

Anfwer XVII. The caufes Dobie and Gray v. Lyons; Anderfon and Parr, v. Thomson and

Shaw;

Shaw; were founded upon mercantile tranfactions, and adjudged in the Court of Appeals by the ancient laws of Canada.

Anfwer XVIII. From my notes I find the following causes were decided in the Courts of Appeals on the principles of English law,-Scheffelin v. William Grant; Louis Aimé v. Barrack Hays; Graham v. Park; M'Kenzie v. Brash and Lindefay; Grant and Blackwood v. Thomson and Shaw Freeman v. Widow Perrault. ;

Answer XIX. I have not known that the Court of Appeals, in the decifion of any caufe, ever formally laid down a general principle of law to govern the tranfactions of his Majefty's fubjects; but I believe both the English and Canadians, members of that Court, decide according to their conceptions of the fpirit, true intent and meaning of the Quebec Act.

Some of the members, and I believe all the Canadian gentlemen, have conceived, that that Act has eftablished the ancient laws and cuftoms of the country as the rule of decifion in all cafes of what kind or nature foever. Other members again (most of the Englif) are of opinion, that where the parties are ancient fubjects, the caufe purely English, a mercantile or perfonal action, to do ftrict juftice according to the real Spirit and the true intent of the Quebec Act, the decifion ought to be founded on the rule laid down for deciding a fimilar cafe in England.

Answer

Anfwer XX. The cafe of Mabbut and Wilkinfon, partie intervenante, against Howard, for George Allfopp to feize 19 hogfheads of brandy unpaid for, according to the coutume, was given in favour of Howard in the Court of Common Pleas The judgment was reverfed in the Court of Appeals on principles of English law.

Extract from the Evidence of George Pownall, Efq. Member of the Legislative Council, and Judge in the Court of Appeals, given before the Commiffioners for the Investigation into the past Administration of Justice.

Anfwer XIII. I cannot take upon me to say what have been the arguments, or what have been the points of law that may have guided my brother Judges of Appeals in their judgments and decifions, from memory, nor indeed is it in my power, from feldom hearing either their arguments or reasons whereon they have grounded their decifions.

For my own part, I can fay, that when I conceived the English law applied, as particularly in feveral causes of a mercantile nature, or on bills of exchange, I have, in fuch causes, formed my judgment to the best of my abilities on thofe laws.

Anfier

Anfwer XIX. I do not recollect any inftance where they have established a general rule or pofitive principle.

APPENDIX.

No. XV.

Being Extracts from the Evidence given before the Commiffioner for the Investigation into the paft Adminiftration of Juftice in the Province of Quebec.

Extract from the Evidence of William Dummer Powell, Efy. Barrister and Practitioner at the Bar of Montreal.

Anfwer II. During my practice, until the commencement of the laft July Term, I have instituted 265 actions for fums above 10l. amounting together to about the fum of one hundred and ten thousand pounds, nine tenths of which fum I fuppofe to have become due from mercantile tranfactions, and of that again, nine tenths wherein old fubjects were plaintiffs.

Answer IV. I have found the judgments of the Court of Common Pleas, for the district of Montreal, founded fometimes on the ordinances of K

France,