[kiddell] practice OF COURT OF COMMON PLEAS 47 



The currency is very varied — sometimes Quebec, Halifax or Pro- 

 vincial currency, or currency of the Province — in this £1 equals S4 

 of our present mone}', and 1 shilling equals 20 cents; sometimes New 

 York Currency — in this £1 equals $2.50 of our present money, and 

 1 shilling (known even in my day as a "York shilling," or "Yorker") 

 equals 12J cents; sometimes livres and sols, the old Canadian French 

 currency — according to a proclamation of Lieut. Col. Irving, 5th July, 

 1765, 24 livres equal £1, making the livre equal 18^ cents (about).* 

 The "Upper Canada Act" of 1796, 36 George III, c. 1, makes the livre 

 equal 11 1/9 pence Canadian Currency (equal 18^ cents, about). A 

 computation by the Clerk in one case makes the livre equal 17 cents 

 (about). Probably the valuation was somewhat elastic — the livre 

 in any case is about one franc. 



The practice of the Court is very interesting from a historic 

 point of view. In a case of £10 or over, "The plaintiff by his 

 attorney, Walter Roe, filed his declaration," The defendant is called 

 — he generally appears in person. He may admit the debt, in which 

 case judgment is entered up against him — or he may claim a set off. 

 If this be admitted by the plaintiff, judgment is entered for the 

 balance. For example, July 23rd, 1789, Meldrum and Park sue 

 Dominique LaBrosse, of the Parish of St. Anne, the declaration is filed, 

 the defendant appears and acknowledges the debt, but claims an 

 account for work done for the plaintifïs to the amount of 180 livres 

 ancient currency of Quebec. Judgment is recorded against him for 

 the balance. 



Or the defendant admits the debt, note or otherwise, but objects 

 that he never agreed to pay interest — a day is set some time 



selling the King's lands, and demanded an opportunity of justifying his conduct — 

 there seems to have been nothing in the charge. 



In July, 1792, we find him with Elliott and Girty accompanying a deputation 

 of upwards of twenty Indians who waited on the Commissioners of the United States,' 

 who were on an island in the Detroit River, and demanded an explicit answer to the 

 question whether they were authorized by the United States to fix the Ohio River as 

 the boundary between the Americans and the Indians. 



In August, 1792, he was granted Lot No. 12, First Township, North Side River 

 La Franche (Thames) — and next month Lots Nos. 49 and 50 on the Petite Cote. 

 In 1796 lie was elected member of the Legislative Assembly (the Second Parliament 

 of Upper Canada) for Kent, but continued to reside at Detroit for some time, prac- 

 tising as a surveyor. He died at Sandwich in 1833. In one of the documents pre- 

 served of the Hesse Land Board, he is described as "Lt. M." i.e., Lieutenant in the 

 Militia, and it seems clear that he actually had that rank. 



♦The pound sterling was considered equal to $4 4/9 — that is the "old par" and 

 is still the nominal par. E.g., when sterling exchange is at intrinsic and actual par — 

 that is the pound sterling is equal to $4 . 8667 — exchange is said to be 9^ per cent, 

 premium (1 . 09^ of 4 4/9 equals 4 . 8667) . 



