[18] Lafontaine ut supra, pp. 56-63. It has often been said that it was Chief Justice Osgoode who gave the death blow to slavery in Lower Canada. For example, in James P. Taylor's _Cardinal facts of Canadian History_, Toronto, 1899, on p. 88 we find a statement that in 1803, Chief Justice Osgoode in Montreal declared slavery inconsistent with the laws of Canada. But Osgoode became Chief Justice of the Province in July, 1794. Continuing as such Chief Justice, he became Chief of the Court of King's Bench for the District of Quebec later on in the same year on the coming into force of the Act of 1794, 34 George III, c. 6, which erected two Courts of King's Bench one for each District. James Monk became Chief Justice of the Court of King's Bench for the District of Montreal, which position he retained until 1825. Osgoode resigned his position and went to England in 1801 and lived in England until his death in 1824: he was never Chief Justice at Montreal. [19] One result of these decisions was to induce the escape of Negro slaves from Upper Canada where slavery was lawful to Lower Canada. For example one hears of two of the three slaves whom Captain Allan brought with him into Upper Canada from New Jersey running away to Montreal. The owner pursued them to Montreal and searched for them in vain for ten days. The third slave, a woman, he sold with her child. The Statute is (1833) 3, 4, William IV, c. 73 (Imp.). One result of this Act is exceedingly curious and to the philosophical lawyer exceedingly interesting. Slaves which had been real estate, as soon as the act was passed ceased to be such, and the benefit to be obtained from their labor until fully enfranchised and the money to be paid by the legislature as compensation for their freedom became personal estate. See the luminous judgment of the Judicial Committee of the Privy Council in Richard _v._ Attorney General of Jamaica, Moore's _Report of Cases in the Judicial Committee_ (1848), Vol. 6, p. 381. In a note on p. 35 of a paper in the _Transactions of the Royal Society of Canada_, 1900, on _La Declaration de 1732_ M. L'Abbe Auguste Gosselin, Litt.D., F.R.S., Can., we read: "On trouve dans le livre de Mgr. Tanguay _A travers les Registres_, p. 157, une notice sur l'Esclavage au Canada, avec un 'Tableau des familles possedant des esclaves de la nation des Panis' L'esclavage ne fut definitivement aboli par une loi, en Canada, qu'en 1833." The learned author does not mean that there was legislation on slavery in Canada in 1833, or that it was Canadian legislation which abolished slavery; for such was not the case. [20] From September 8, 1828, to October 19, 1830. [21] _Canadian Archives_, State K, p. 406. CHAPTER V UPPER CANADA--EARLY PERIOD