ave. The Court of Common Pleas
gave the plaintiff judgment for L100 and McFarlane appealed to the
Court of Appeal. The Court pointed out that it was for McFarlane to
prove that Smith's wife was his slave and that he had not done so: but
as there had been error in the proceedings the case was sent back to
be retried. It is important to notice that the court considered that
if McFarlane could prove that Smith's wife was his slave, he had the
right to take her away.[5]

A lawsuit also arose over the Negro Manuel (Allen) sold August 25,
1797, to Thomas John Sullivan. When Blaney sold him for L36 Sullivan
paid down only half and the balance with interest L30.15.2 was sued
for in the Court of King's Bench at Montreal in 1798. Sullivan pleaded
that Manuel was not the plaintiff's slave but a free Negro and that
he had run away March, 1798, at Montreal where he continued to be: and
Sullivan claimed to be reimbursed the L18 which he had paid. On the
sixth of October Manuel himself came into the suit and claimed that
"by the laws of this land he is not a slave but a freeman." Evidence
was given that he had absconded from Sullivan's service alleging as a
reason that he was a freeman, "that other blacks were free and that he
wanted to be free also." In February, 1799, the court held that no
title or right to sell Manuel has been shown and dismissed the action
directing the return of the L18.[6]

In 1797 the Imperial Act of 1732 for the sale of Negroes and other
hereditaments for debt in the American Plantations was repealed so far
as it related to Negroes[7] but this made no difference in their
status. The courts, however, were becoming astute in favor of
assisting those claiming freedom. In February, 1798, a certain female
Negro slave called Charlotte belonging to Miss Jane Cook left her
mistress and refused to return. On information laid she was committed
by the magistrates to prison. She sued out a writ of habeas corpus
from the Court of King's Bench at Montreal and Chief Justice, James
Monk, ordered her release. On this becoming known, the Negroes of the
city and district of Montreal became very threatening in their
demeanor. Many renounced all service and one woman called Jude who had
been bought at Albany in 1795 for L80 by Elias Smith, a merchant of
Montreal, left her master and was committed to prison in the same way
by the magistrates. Being brought up in the Court of King's Bench at
Montreal on habeas corpus, Chief Justi