IMAGE EVALUATION TEST TARGET (MT-3) ^s 1.0 ^1^ U£ itt IM g 2.2 I.I iU «tUU 140 !L25 mu I ■ 20 m ■ 1.6 Hiotographic Sciences CorporatiGn 23 WEST MAIN STREET WEBSTER, N.Y. 14SN (716)«72-4S03 CIHM/ICMH Microfiche Series. CIHIVi/iCIVIH Collection de microfiches. Canadian Institute for Historical IMicroraproductions / Institut Canadian de microreproductions historiques Taehnieal and Bibllographie NotM/NotM t«ehniquM at bibliographiquM Th« Institut* has attamptad to obtain tha baat original copy availabia for filming. 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Tl to D Colourad pagaa/ Pagaa da coulaur □ Pagaa damagad/ Pagaa Pagaa andommagAaa Pagaa raatorad and/oi Pagaa raataurAaa at/ou paiiieuiiaa Pagaa diacolourad, stainad or foxai Pagaa dAcoiorAaa. tachatiaa ou piquAas Pagaa dataehad/ Pagaa ditachias Showthroughy Tranaparanca Quality of prln Qualiti in^gaia da I'impraaaion Inciudaa aupplamantary matarii Comprand du material aupplAmantaira Only adition availabia/ Saula Mitton diaponibia r~n Pagaa raatorad and/or laminatad/ rj] Pagaa diacolourad, atainad or foxad/ r~~1 Pagaa dataehad/ r^ Showthrough/ rn Quality of print variaa/ rn Inciudaa aupplamantary matarial/ r~1 Only adition availabia/ D Pagaa wholly or partially obscured by errata slipa. tiasuaa, etc.. hava been refilmed to enaure tha baat poaaibia Image/ Lea pagee totaiement ou partieliement obscurciea par ur. fauiilet d'errata. una pelure. etc.. ont M fiimAea i nouveau da fapon A obtanir la maiHeura imaga poaaibia. Thia item la filmed at tha reduction ratio checked below/ Tl P< of fll Oi b« th ai( ot fir ail or Tl ah Tl wl Ml dil an be rig re( mi Cede 10X »cum ante atfil me eu tau 14X xda rMu etion 18X indii iu* c i-dea aoua 22X 26X 30X J 12X 16X 20X a4X 28X 32X TIm copy film«d h«ra hat batn niprodueml thanks to tho gonorotlty of: Douglas Library Qusan's Univsrsity L'axamplaira fllm4 fut roproduit grica A la g«n4roslt« da: Douglas Library Quaan's Univarsity Tha Imagaa appaaring hara ara tha baat quality posoibia conaMarlng tha condition and laglblllty of tha original copy and in kaaping with tha filming contract specifications. Original capias in printed papar covars ara flimad beginning with tha front covar and ending on the last page with a printed or illustrated Impres- sion, or the becic cover when appropriate. All other original copies ara filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the iaat page with a printed or illustreted impression. Lee Imagaa suhrantes ont MA raproduites avac la plus grand aoin, compta tenu de la condition at da la natteti de i'eiftempieire filmA, et en conformit* avac las conditions du contrst de fllmaga. Lea exemplalres origlnsux dont Is couverture en pepier est imprimie sent filmte en commenpant par la premier plat at en terminant salt par la darnlAre pege qui comporte une emprelnte dlmpresslon ou d'illustretlon, soit par la second plot, selon le ces. Tous les autres exemplalres orlginaux sont filmte en commen^ant par la pramlAre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darniire page qui comporte une telle empreinte. The last rscorded freme on each microfiche shsll contoin the symbol ^^- (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suh/ants apparattra sur la darnlAre image de cheque microfiche, sslon le cas: la symbole -^> signif le "A SUIVRE", le symbols 7 signifie "FIN". Msps, plates, charts, etc., may be filmed at different reduction retios. Those too large to be entirely included in one exposure ara filmed beginning in the upper left hend comer, left to right and top to bottom, as many framea as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est fllmA A partir da I'angia supArisur geuche, de gauche A droite, et de haut en has, en prenant la nombre d'imagas nAcesseire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 6 6 taw Etform IN THB INFERIOR COURTS: IN A LETTER ADDRESSED TO (Ei)e $onjottrable Uobert Ball^toin, ATTORNEY GENERAL, &o. , BT 6. M. BOSWELL, «>.» rUDGE OF THE UNITED COUNTIES OF NORTHUMBERLAND AND DURHAM. COBOURG: l^BIMTSD AT THE STAB AND aA^BTTE OFFICE. 1850. Ui^n L F/0 2 8 IN 1 ion'bleV ■I- s :''^ 'y'rt':iX-: )IR,— Un |t is propi tpinions, jegislatui |hey exer There lions sho )rinciple j[uence tl [pinion w An art lews, on idges oi kerely ( Hotion of slature [lly on idge is I does n It discoi (ve arri >priety I porta nt [The to )ure m LAW REFORM IN THE INFERIOR COURTS: ADDRESSED, TO THE in: lon'blc Hoberl Salbmin, ^Jlttovnej) (General, U(.,Ut,,Uc, )1R, — Until very recently, I had been undecided how far it is proper for those who hold judicial offices to ofier their >pinions, uninvited, upon measures brought before the jegislature, although they may affect the Courts over which [hey exercise jurisdiction. There is no doubt that the legislative and judicial func- tions should be kept distinct, and the carrying out this )rinciple seemed to me at first sight to involve the conse- quence that judges should refrain from any expression of Opinion with reference to contemplated changes in the laws. An article in a late number of one of the London Re- [iews, on the Bankruptcy Laws in England, in which the (Iges of the Bankruptcy Courts, are, with one exception, jverely censured for not having lent their aid in the pro- motion of reform in their own courts, upon which the Le- slature had been engaged, caused me to reflect more Illy on this point ; and, though I do not admit that a idge is properly chargeable with neglect of duty because does not choose to join the ranks of that very numerous |t discordant party who are clamorous for law reform, I Ive arrived at the conclusion that he may with perfect >priety make public the result of his experience, when iportant changes are contemplated in his own courts. 'The too prevalent but demoralizing habit of charging ipure motives renders tills preface necessary, and it may L18745 further be expected that some reason should be given why, amidst the numerous county Judges in this Province, I should feel myself called upon to offer observations on subjects respecting which many of them are probably more competent to express a correct opinion. I am not an- swerable for their silence, nor bound by it, but I can easily conceive that all of them feel a reluctance to make them- selves conspicuous on a subject concerning which, more than perhaps any other that has lately engaged public at- tention, great and popular errors and very strong preju- dices prevail. It happened, however, that I was a member of the Legislature when the law originating the present Division Courts was passed, and recorded my vote in their favour, and the public accounts shew that the business discharged in the courts within my jurisdiction has for seve- ral years exceeded that of any of the inferior courts of the Upper Province, with the exception of those of the County of York. As it is not, therefore, presumptuous in me to offer my opinions, I do so in the desire which ought to influence every man to be useful in his proper sphere, and most certainly I am not influenced by any wish for notoriety, for my own taste is opposed to seeing my name in print. In the remarks I have to make, I will endeavour to be brief, because I wish them to be read, but the subject is one that does not admit of extreme conciseness. The objects which, it may be presumed, are sought by those who advocate changes in the Courts, are certainty in their decisions, and promptness, simplicity, and cheap- ness in their practice. The first of these requisites is the most important, — no practice should be adopted that may endanger it, and it is this desirable quality in the adminis- tration of our laws which prevents in matters of impor- tance that perfect simplicity of procedure asked for by those who have not sufficiently considered how unsafe all transactions would be if prompt decisions were obtained by the substitution of crude ill-considered opinions for those lature ju ^hich are sgal atta: ieding v not my offer s jrior coi If inferio Ivocate either ( irough tl Is its just llluded tc nth grea irisdictio |ing they 'he rem£ ich cuur Ire in qu< Ireased c( ims out With i)r them iry form attaint Ire held ire dispc sars ha; am not an- I can easily ake them- bich, more d public at- irong preju- s a member the present vote in their the business las for seve- ourts of the the County >us in me to given why, iaature judgements founded on well-considered precedents I Province, ] which are insured in our superior courts, not only by the rvations on fpgal attainments of the judges but by the mode of pro- e probably feeding which the constitution of the courts requires. It not my province, however, to combat attempted changes offer suggestions with regard to the practice of the su- rior courts. I desire to confine my remarks to the courts inferior jurisdiction, and I have no favorite theory to vocate in opposition to cheap law and prompt remedies either of them — for my opinion is, that means of redress rough the law ought to be always as cheap and prompt s its just administration will admit. The requisites I have iUuded to of promptness, simplicity and cheapness may ith great ease and propriety be adopted in courts of small risdiction and where the amount in question is very tri- ing they may be carried with safety to almost any extent, he remark, too, is perfectly just, if you take away from ch courts these requisites, a remedy where small amounts ch ought to ire in question cannot be had at all. Long delay and in- per sphere, Ireased costs would naturally drive every suitor for trifling amy wish for vims out of court. ig my name | With regard to the Division Courts, I may justly claim r them that the practice pursued is as free from unneces- ry forms and the remedy they give is as prompt as can attained. In these Counties, fifty-two Division Courts e held during the year. On an average, eighty cases e disposed of at each court. In no ir i^nce within five ars has a sitting in any of these courts occupied more an eight hours, although sometimes a docket of upwards four hundred cases had to be gone through. From 5d that may %^^^ ^ '^^ar of the Division Courts in other Counties, a he adrainis- fP^rly similar result in proportion to the number of suits s of impor- ^^^ is obtained. iked for by j| ^^h® cheapness of the courts is demonstrable in the fact r unsafe all W^^ '^® average cost in each suit contested, previous to obtained by w^^"^'°"» ^"' including bailiff's and witnesses fees, is only IS for those ^^^ shillings and ten pence. If proof be required that the savour to be le subject is s. are sought ire certainty and cheap- lisites is the iU^t 6 decisions are equally satisfactory, it may be found in the that although a jury may be had by either party, one is scarcely ever required. In these Counties the jury cases barely average one in three hundred and fifty, and I believe the proportion not to be larger in other counties. It is not reasonable to suppose that parties would so uniformly trust the same** tribunal, when a choice is given to them, if they had not confidence in it. I do not pursue this part of the subject further, because I believe it to be admitted that these courts well answer their object, and the best tribute to their usefulness is found in the fact that your Government has introduced during the present session a measure intending to increase the jurisdiction of tiie Divi- sion Courts more than twice the present amount. But the question really important to answer is, what effect ought to be given to a result thus satisfactory? An almost uniform reply has been received to this question, and if we may judge from the new Division Court Hill, it has been adopted by your Government. This reply may be stated in these words, "It having been found that just decisions may summarily and cheaply be obtained in the Division Courts, let their jurisdiction be increased, so that in matters of larger moment iho same desirable result may be obtain- ed." It is. to this proposition so generally made that I am piincipally*anxious to address myself, and it is probable that I might not have troubled vou at all on this occasion if I could have brought my mind to agree to it. Why is it that these courts have so well fulfilled their purpose ? To me the reason is obvious. It is because the practice pursued in them is admirably adapted to the small sums over which they have jurisdiction. But it is most illogical to argue, that having well answered as regards these small sums that the same satisfactory result would follow an in- crease of jurisdiction. I must confess that my experience in them has led me to an opposite conclusion. My belief is that a considerable increase of jurisdiction would render the de- cisions, practice, and costs of these courts most unsatisfac- bund in the lu^. r party, one is the jury cases y, and I believe nties. rties would so choice is given do not pursue believe it to be object, and the 2 fact that your esent session a »n of the Divi- amount. But 3, what effect y ? An almost tion, and if we ill, it has been may be stated just decisions the Division )at in matters lay be obtain- ade that lam is probable this occasion > it. Why is eir purpose? the practice : e small sums nost illogical s these small follow an in- ixperience in belief is that inder the de- It unsatisfac- )ry, and would in time destroy them altogether. The ourse of proceeding adopted by myself and most of my [rother Judges in the Division Court is this — the parties a contested case being called, the defendant is asked jpon what ground he resbts the claim made against him — he answer being given, the enquiry is then generally made jf the plaintiff whether he concurs in the defendant's an- swer, or if not in what respect does he differ from it? The mswer to these questions, or those of a similar tendency, applicable to the nature of the case reduces the issue to [he narrowest point, and the witnesses and sometimes the )arties are then examined under oath ; and the testimony ^eing closed, the judgment is rendered immediately, and dien necessary with a short statement of the grounds upon diich it is given. As a rule no speeches are attempted. A [ase of doubt or difficulty sometimes arises from conflicting [vidence or the nature of the circumstances, which may iquire a few remarks, and these are always permitted ^here requisite or likely to throw any light upon an in- volved subject. As a rule also, professional gentlemen do lot attend these courts. They very properly, except in )me peculiar cases, deem it derogatory to their profession do so, and when in these few excepted instances their ttendance is deemed requisite, they most properly confine leir remarks within the narrowest bounds and do not ob- ^ct to be checked by the Court or interrupted by the [udge when he intimates that his opinion is formed. But le reason of this promptness and this acquiescence is to [e found in the smallness of the sum in dispute. In larger latters it would, 1 believe, be impossible to pursue the tme course, nor indeed would it be desirable. At all <|vents, professional gentlemen could not with propriety be <^pected to abstain from attendance if the jurisdiction ^fere much increased, and in th^ larger matters they would jpry properly insist upon their right to be heard at length. J he habit of attending the court by the profession having ^ce been formed, it would become an object with them to 8 I obtain retainers in as many cases as possible. Professional assistance obtained by one party would make it necessary to the other and men seeking a livelihood and honestly discharging a duty, though in trifling matters, would neces- sarily endeavour to make themselves conspicuous for as- siduity and perseverance. Every contested case, no mat- ter bow small the sum in question, would soon be found to occupy so great a length of time that instead of getting^ through a docket of four or five hundred cases in eight hours it would occupy as many days, perhaps weeks. — This is no exaggerated view, for eight or ten cases argued at length are as many as the most energetic Judge can try in a day. During this time the suitors, their witnesses and lawyers would be obliged to remain from home, and in some country places necessarily at a small tavern. The tam- pering with witnesses, the entrapping parties into seeming admissions, and the concocting defences where none were intended would frequently ensue, and how soon simplicity, promptness, cheapness and certainty would be made to vanish under such circumstances is not difficult of conjec- ture. To me the conclusion seems inevitable that cases of little moment, and therefore admitting of rapid decision, ought not to be tried at the same courts as those in which ques- tions involving large sums are disposed of. The prompt- ness suitable to minor amounts is altogether unfitted for matters of larger importance, which no Judge would desire to have the responsibility imposed on him of deciding, without grave deliberation and reasonable argument. I must confess that the hope seems vain to change the current of present prevailing ideas on this subject, and the determination seems to have been arrived at and forced upon the Government, that the jurisdiction of the Division Courts must be considerably extended. I am sorry for it ; my own opinion is opposed to any increase of jurisdiction in these courts. If the experiment, however, must be tried,*! would suggest as a sufficient extension at first, that ,-> v.. 9* Professioiral ake it necessary d and honestly s, would neces- spicuous for as- >d case, no mat- loon be found to stead of getting I cases in eight rhaps weeks.— en cases argued : Judge can try ir witnesses and me, and in some m. The tam- *s into seeming here none were soon simplicity, uld be made to icult of conjec- it cases of little lecision, ought n which ques- The prompt- er unfitted for i e would desire of deciding, rument. ^ to change the }ject, and the and forced the Division sorry for it ; >f jurisdiction rer, must be I at first, that It 9 iases of tort to five pounds and matters of contract an(f lebt, in which the sum sought to be recovered is ascertained >y the signature of the party, to twenty pounds, leaving it» present jurisdiction of ten pounds in all other matters un- ouched, would be amply sufficient to test the powers of he Court with regard to higher matters. This would add ery much to the business of the courts, but the firmness f the Judges and the forbearance of the profession might erhaps make the attempt successful. It would still, how- ver, only be an experiment, and one which 1 much fear ould prove lastingly injurious to these minor courts. Let me not be misunderstood, I am not an advocate for elay or expense in any of the courts. My proposition is hat a court universally acknowledged to answer the object or which it was intended, a court in which the requisite:^ that ome ultra law reformers seem to consider alone necessary o make a law-suit a very pleasant thing, have been fully ttained, 1 mean promptness and cheapness — my proposi- ion is that this court should not be wantonly experimented pon, because it has answered the purpose for which it was bunded. It answers well, and therefore I would say, let t alone. The suitors in these courts, generally poor — any of whom never have cases involving more than two r three pounds, do not desire to wait for the disposal of heir suits day after day until the expenses are equal to the ^hole claim in dispute. Is it not obvious that such cases annot conveniently be tried at a court where a large por- ion of time would be occupied in hearing long arguments nd extended evidence upon matters too important in jBmount to admit of immediate decision ? Ten pounds is v^|he utmost sum to which the jurisdiction of a court in this Country should be extended, in which the only remedy is ijgiven for the recovery of the smallest amount. I make this statement in the face of the popular raove- vfnent on the question, with the most perfect conviction <3^|hat the substitution of a jurisdiction much larger, will in r# very short period, reader necessary some other tribunal ^^A. VV 10 in which parties can have redress for the smaller sums. — The jurisdiction of the Town Reeves or other local officers, to five pounds might partially remove the difficulty. Cases from five pounds to fifty could be tried by the same tribu- nal with more advantage than those in which all sums up to twenty-five pounds are included. The proportion of cases in the Division Courts, under five pounds, is nearly two-thirds of all those disposed of. But if the Division Courts are to be maintained in their present shape, or their jurisdiction only increased to a tri- fling extent, what plan is to be adopted for the removal of the evils complained of in reference to the costs and delays attending legal remedies in this province ? My answer is, reduce the costs, simplify the practice and increase the jurisdiction of the County Courts. I am bound to admit that these Courts, under their present construction, do not fully answer the purpose for which they were intended, which I suppose to have been to give an expeditious and cheap remedy in cases requiring greater deliberation and care than those entrusted to the Division Courts, but not of the same grave importance as those which ought to occupy the attention of the superior Courts. The costs in the County Courts are out of proportion to the sums recovered, and the practice pursued in them is unnecessarily clogged with the same forms and nearly the same delays as in the Court of Queen's Bench. This requires a remedy. It has, I believe, been suggested to abolish these Courts altogether. This, however, could only be accomplished by such an increase of jurisdiction to the Division Courts as would, I am quite certain, eventually destroy them. In preference to this, it would be better to adopt, in the County Courts, the practice of the Division Courts, but keeping them still perfectly distinct tribunals, so that the humble suitor for small sums might not be injured by the experiment. It might be possible, without any other pre- tmini t>brj withe ve le itioij ichl on^ lisht w mailer sums. — 3r local officers, Ificuhy. Cases ;he same trlbu- ch all sums up I proportion of unds, is nearly itained in their eased to a tri- the removal of osts and delays My answer is, J increase the 3, under their le purpose for to have been ases requiring [trusted to the Importance as ' the superior of proportion sued in them IS and nearly Jench. This these Courts ccomplished ision Courts Bstroy them. Jopt, in the Courts, but so that the red by the other pre- 11 Imlnary form than a summons and particulars of claim, » bring the parties to issue vivd voce, and then with or without a jury, according to the desire of the parties, to Have the case entered upon at once, but giving all the le to counsel for their addresses, and leaving the exami- ition of witnesses in their hands as at present practised, ich an experiment, giving the County Courts jurisdiction one hundred pounds, and making them Circuit Courts, light be ined. It might, unfettered with cases under ;n pounds, prove successful. I have generally observed, lowever, that those reforms have almost always succeeded ^est which have been gradual, where existing structures |re not altogether thrown aside, but carefully and skilfully iproved upon. I am not therefore sanguine of the suc- cess of rash experiments, and it would be rash indeed in Sb complicated and difficult a subject as the practice of a tourt of law to adopt a sweeping change; only because it j^ay possibly succeed. ,; The County Courts may I believe be made most useful, jind properly modified would become a favourite tribunal |n the pursuit of legal remedies. I would recommend lat suits should be commenced as they formerly were in his Court, by summons and declaration united, to which lould be added particulars of demand. The former part this plan was in practice in this court more than twenty [ears and I never have learnt any satisfactory reason for Is having been changed. I would further suggest in this Jourt that special pleading should be altogether dispensed Mth. Where very large sums are not in question its ex- l^enses and inconveniencies, and the total failure of justice Sometimes proceeding from it, more than counterbalance any advantage arising from having the issues to be tried Krought in a specific form before the Court. The plea of j|ot guilty in matters of tort, and not indebted in money wmands, and notice of set-off, where counterclaims exist, lliight, and in my opinion, ought to be permitted in substi- tlition of all other pleas, and the special matter be given n .! in evidence under them. To obviate any inconvenience on the ground of surprise, which, however, could not fre- quently occur, for parties to suits generally know what de- fence can be insisted on, a short notice of any special de- fence intended, in any form of words sufficient for the pur- pose might be required, or if such notice was not given, a discretion might be permitted to the Judge to grant new trials where he was satisfied a party had been prejudiced by the omission, on such terms, regarding the costs, as might be equitabie. All demurrers, also, should be abol- ished ; and where the declarations or pleas are substan- tially informal, application might be made to the Court to set them aside, or orders might be obtained to amend" them. After interlocutory judgment, in cases where com- putation is permissible at all, it might be made imperative to compute either before the Judge or the Clerk, without the intervention of a jury. This simplification of the prac- tice would render the County Courts a favorite resort to suitors, and the consequent diminution of the costs would at once remove all objections made to them hitherto on account of their great expense. This plan would have great advantage over that of a Court of large jurisdiction, constituted as the Division Court is in this respect ; — the preliminary proceedings of appearance, plea and notice of trial would give information to both parties, whether the matter was to be disposed ol at a particular Court, and whether any defence was intend- ed. In the Division Court a plaintiff must go prepared with his counsel, if any is employed, and all his witnesses, without knowing whether a defence is to be set up or not. This inconvenience is frequently felt in the small cases over which the Court now has jurisdiction ; but as professional men do not attend to create difficulties and make objec- tions, the evil is not great. In cases of importance it would often occasion the greatest embarrassment, and sometimes, in spite of every effort to obviate it, extreme hardship would ensue to defendants by being made charge- l< 13 inconvenience could not fre- [now what de- ny special de- nt for the pur- not given, a to grant new jn prejudiced the costs, as ould be abol- are substan- ) the Court to ed to amend" 3S where com- h imperative Jlerk, without n of the prac- rite resort to costs would 1 hitherto on ver that of a the Division 1 roceedings of ' e information i disposed ol 3 was intend- go prepared lis witnesses, et up or not. ill cases over professional nake objec- nportance it ssment, and it, extreme lade charge- fie with costs of witnesses, when they had no intentioil resist the demand. There is only one other subject connected with these urts, on which I desire to make any observation ; I ai- de to the salaries of the Judges. In the arrangement of ese, a fair consideration should be given, not only to the ibour he has to perform, but to the great outlay and con- ant expensethat must be incurred by him in the perfor- ance of his nilties. In no instance does a County Judge receive one half of e salary paid to the Judges of the superior Courts ; but nail as the sum is, I am confident no complaint would be eard from any of them on this subject, and most certainly lone would be made by me, were it not for the large out- y he is obliged to make, from which, personally, he de- ves no benefit. His long detention from home, his travelling expenses, e purchase of horses and winter and summer conveyances, e wear and tear of them consequent upon having to per- rm his journeys during all seasons, sometimes over roads Imost impassable, form an item which, calculated by ose who understand it, will be found sufficiently large to laim some consideration at the hands of those who, as irustees for the public, happen to be his paymasters. It should be recollected, moreover, that many of those fficers are not only wholly paid from the fees derived from heir labours, but in several instances those fees amount to sum which permits a return to the revenue of a large mount. A reference to the public accounts will shew Ihese particulars, and there is no reason to doubt that an Increase of jurisdiction to the inferior Courts will soon re- ^eve the Provincial revenue altogether from any burthen on account of the County Judges. There are other circumstances with regard to these offi- cers that ought not to be forgotten, they are altogether irestricted from engaging in any business which might as- list their income, and they are called on to perform, not H k li! only the duties regularly belonging to their own Courts, but if a Court of Bankruptcy or an Insolvent Debtors' Court is erected they are selected for the performance of the duties of the Judges of these Courts also, and without any additional emolument. It has been found convenient also to give them a portion of the duties of the Judges of the superior Courts. Motions in Chambers relating to suits in the Queen's Bench and Common Pleas are made before the Judges of the County Courts, ^mihibr this also no allowance is made to them. I remember when I was a member of the Legislature it was proposed in a Bill which passed the House of Assembly for the purpose of register- ing electors, to give to the County Judges the duties of re- vising Barristers in deciding upon the qualification of per- sons claiming a right to vote, and this also without any pay. They are certainly a most convenient class of officers, and'i in this age of retrenchment ought to be very much respect- ed for the example they afford of hard working public ser- vants with very small salaries. I should have considered any remarks on this part of the subject wholly unnecessary if the proposition had not|| been made in the Division Court Bill, introduced by the Solicitor General, to add very greatly, not only to the la- bours, but the expenses of the Judges without any provi- sion by which they may be enabled to meet them. The pressure on the Government on the subject of economy may excuse this but it makes it imperative on those who are interested to notice it. I ask only that in any change contemplated in the inferior Courts, proper attention may be given to this subject, nor am I at all desirous that in deciding upon it the principle of the most severe economy in the disposition of the public finances should be lost sight of. The scale of salaries allotted to the Judges of the inferior Courts considered with reference to the labours they are required to perform, and the expenses incurred by them may be fearlessly laid before the most rigid disciple of retrenchment with a claim for favourable consideration f 1 sir own Courts,^, ilvent Debtors' performance of 10^ and without and convenient * the Judges of ers relating to Pleas are made M^ibr this also sr when I was in a Bill which ose of register- le duties of re- ication of per-i thout any pay. )f officers, and* much respect ing public ser- ^ n this part of i siiion had notp •duced by the i ^ly to the la- ^ It any provi-l them. The of economy n those who » any change ttention may irous that in ere economy 1 be lost sight idges of the tlie labours i incurred by •igid disciple lonsideration 15 ich he will at once admit, unless his peculiar principles so far perverted hb conscience that he fears to da ice. hese observations which I have been prompted ta e on a subject of great importance have been hastily wn together, but are expressive of opinions by no ns hastily formed. In the only shape which time at ent permits me to put them, they are of course merely ;estifl|MI|^ o effect great good in matters so complicated and difii- t as the constitution and practice of the Courts of Law ch time, labour, and expense, must be brought to the If the effect of the present movement for Law Re- should be the creation of a commission to whom the might be entrusted, of enquiring into the constitution practice of the several Courts and maturing a well ested remedy for the evils complained of, great benefit ht reasonably be expected from such a course. I am, Your obedient servant, G. M. BOSWELL. CoBouRo, 20th June, 1850.