dated seventh of December last, my adversary Brown, who
had failed, was allowed to appeal to Her Majesty the Queen,
in Her Privy Council. The permission was granted, upon
condition that my adversary should give security according to
law within six weeks. It was a condition, sine qua non, and
costs were awarded to me.
By the 1179th article of the code, it is competent to a
successful litigant, in every case in which security is not
given within the time prescribed by the judgment, to cause
it to be executed.
This necessarily implies that the record, in the possession
of the Clerk of the Court of Appeals, shall be remitted to
the Prothonotary of the Superior Court, for the latter Court
alone can issue a writ of execution.
The delay expired on the eighteenth of January last, and
as the Chief Justice, the organ of the Court, never promul-
gated a rule applicable to the subject, and as the Clerk would
not remit the record, I was obliged to pray by petition that
the article might be enforced.
This Petition reached Montreal, where the Court was then
sitting, as I understood, on the nineteenth. It was presented,
but, having been obliged to rely on a friend to present it, I shall
not speak of what occurred there. The nineteenth fell on a
Friday, and before I had received any information touching
the fate of my petition, Chief Justice Duval had returned to
Quebec. I then called upon him, I believo on the Monday
following, but he was at dinner, and was denied. I may or
should remark that he dines at one o'clock, an unreasonable
and improper hour for a judge. I called again, however,
when he desired me to repeat my visit on the following day.
I complied, but after some earnest entreaty on my part and
some churlish remarks on his, he directed me to request the
officer of the Court to wait on him. I did so, and called on the
ensuing day, but was again unsuccessful, for the Chief Justice
was at meat. I repeated my visit, and on my pressing my