The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 18 Jan 1871, p. 3

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| names of over five bundred electors on the last revised assessment roll shall elect one Deputy Reeve. Mr. TROW said there had been no com plaints from his district concerning the pre sent system. The present machinery was somewhat cumbrous, and the idea of lessen ns the number of representatives was a go>d ene. The business done by that House micht | well be done by hail the number of repre«-- | sentatives. l Mr. GRAHAM (Hasting») was opposed to the establishment of wards in townabips, A , councilior elected by a whole township won'd be more likely to attend to his dutiés than / ope who was elected by a ward only. Mr. RYKERT said ho was in favour of a| continuance of the old system, which he . considered to be the best. _ Although it had cavsed a great many differences in tio tova-- shipe, thire had been no complaints pre« | sented against the ulyntem. It might per--: baps, besbotter to allow townships to divide themselves into wards, if they pleased to do to, though in his opinion they might let well falone, and continue the present sys-- He briefly explained the object contem-- plated by the resolutions, The Govorm%ent kbeing about to introduce a Bill to consolidate the municipal law, the present was an excel-- lent opportunity, he thought, for discussing this question. The course proposed by his resolutions would, be thought, have the effect of electing the best men and of pre-- serving barmony in the township. Dr. BOULTER considered that part of the reso'ution referring to the division of the t;vw;x.shipu into wards was sound and pra> tica Mr. SEXTON argued against the prin-- ciple of the regolutions, but thought that the division of townships fnto wards might be beneticial. Mr. PERRY said that with regard to the motion before the House, it was' proposed that certain counties should not be represent. ed in the County Council. He thought that it might, perhaps, be better still, as had been suggested, that we should go back to the old ward system, and allow township councils to elect their own heads. Mr. GALBRAITH said that the present system of electing councillors'was much bet-- ter than the Ward system. Hon, M. C. CAMERON said some sections of the country were in favour of the present and some in favour of the Ward system. He hoped that the resolution would ba with. drawn;' and the present system main-- Mr. CURRIE said the present system caused much dissatisfaction ; and proceeded to defend his resolution. Mr. EVANS sald it would save the time of the House to have the matter referred to the special committee, as was suggested by the Provincial Secretary. Mr. CURRIE withdrew his motion. MUNICIPAL LOAN FUND, Mr. OLIVER resumed the debate on Mr. Blake's resolutions concerning the Municipal Loan Fund. Hesaid that the House knew how the gfoplo in the country parts could be led away by sharp railway speculators going through the rural districts and inducing the residents to take stock,. If this were the case now, it was much more :o in old times, Municipalities were duped into investing mon:'y in certain railways, and into becoming security to the Government for that money. Then, when the railway schemes were ex-- ploded, writs were placed in the hands of sheriffs as against the municipalities. The matter had been beforethe courts, and it had been decided that the municipalities had been swindled in such a manner that the case went in their favour. Now, when the Court of Chancery had decided that these municipalitles were entitled to relief, he put it to the House if the House should not take their case into consideration. (Hear, hear.) It being six o'clock, the House rose for recess. P GRAND JUNCTION RAILWAY. Aiter resess, * The House went into Committee on the Bill to enable the municipalities along theline of the Grand Junction Railway Co'y to glr:nt aid thereto, and legalize certaln by--laws granting aid to the said company. Mr. Coyne in the chair. Mr. BLAKE considered it extremely im-- r.ropcr that muricipalities should pass a by-- w, knowing it to be beyond their power, aod then come to the House and ask their action to be legalized, There might be some cases of doubt, but such a system was most mischievous in its general effects, Attornc{:;vuvxu Zea e enem ie 0 evidence before the Houso WA# that the parties thought the by--laws now in question were within their power to gnl. There ws s a technical queltion raised, however, and ths present application was consequently necessi-- tated. The Committee then rose and reported the townshi At cariboo. ago by Meaoa CAAAE P C Tok permitted for the hunting l deer, elk, and cariboo. This act was ed three years ago by the Bill of the late Sir Henry Smith, . and the period limited to three months. He had received information from sportsmen that three months was too short a time for the hunting of these animals. . As to duck and other game of that kind, the Bill abridged the time when they should be taken. The Bill was read a second time, and re-- ferred to a special committes. ABOLITION OF _!E(_?BISONMENT FOR 0sc . -- DsSpf. Mr. BL AK E rose to move the second reading of bis Bill to abolish im;{fig'opm:g'l't for debt. :'mnll debt, should disobey the order of the | Judge. But in practical operation the law was class legislation, because it left a class of persons who did not choose to pay debts coming withla the competence of the division free of imprisonment, He 'knew | of men, who had incomes of ©4,000 and | $5,000 a year, and who declined to pay their l debts ; and the creditor was unable to recov-- | er, because the debt exceeded the sum that | came within the competence of the Division Court. % | Hon J. S. MACDONALD.--(Hear, hear. ) Mr. BLAKE--Those men with the large incomes did not pay their debts. Hon. J. S. MACDONALD--We ought to have a law to make them pay-- Mr. BLAKE said that these men out of their abundance could not be ordered to piy anything; and so the law did not agply to them ; but it did apply to the poor labourar, who was unable to pay out of the earniogs of his daily bread. This was a state of the law very indefensible. This law could not stand still ; it was utterly impossible that we should have a law which reached the poor labourer, and was silext as to the man with a large income. His own opinion was that there was a wholosome public feeling in favour of the repeal of this law, He be: lHeved, moreover, that the law in favour of the creditor might well be extended, and he believed there wéta many clauses--amonget MACDONALD said the them the garnishee clause--in favour of se-- curing the rights of the creditor. He was willinf to initiate or support a messure to | | g'rovi e that whatever a man had he should |' ' oblifd to give in payment of his debts, | \ (Hesr, hear.) _ But we ought not to go far-- | ther, and u{.t.hat a man should be put to | gaol if he not the means to pay. 1t | might be said that a great many debts might | | not be recovered if this Bill became law. He | believed, however, that the operation of the | Division Court with regard to small debts | : was injurious, and that the measure he ?ropo;ted would remedy this . injury ; or country merchants, _ those . who | dealt with poor men, would ex | ercise that praiseworthy prudence pu'% in | force by large merchants who were dealing with large customers ; for those country | merchants would know that they could not put a man in gaol who was unable to pay. This was all he (Mr. Blake) x}Jropm:ed to do a4 present--namely, that if country mer ud i d doad Prssedsiinrtda +s bcantiths . » un o ~deongomptaniins Di : satisfaction of payment whatever a creditor had, subject to the exemption the law pro-- ivided, He was not willing to admit that in v'thin courtry, at this time of day, a man |rkould go to gaol for a debt he had coar-- |tracted., Hear, hear.) at present--namely, that if country mer. chants or other tradesmenallowed men t> contract debts, they would not be able to put these men in gaol for non--payaent --ths creditor, however, being allawed to take in Atty.--Gen. MACDONALD said thas bs« fore the hon, member for South Bouce coild be considered to have made out a case, ho must tind greater '!\'i'l;tuue than he could produce, They Bad @Marge body of Division Cours Judges, anlmevidence should have been ocbtained as to%t':;a manner in which th law now worked. A different courss migh have been pursued @athis matteor, _A 3:m mittee might have Béemtasked for to consid ike qrestion. It appoared to him that th House world not be prepared to adovt ( sweeping «condemnation o' the present Act | which was contained in this Bill, The prer ert system had been in operation for years and it had not b:en complained of, but the hon. gentleman came down with this abatract rasclu:tion to occupy the .time of the Housa The bon, gentleman had argued very wel', tut there was no evidence to support his caee. _ The spirit of the present law was that a man who had committed fraud, and had contracted a debt which by the exercse of his ingenuity he en-- demsvoured to escape from the payment of, though able to do so, should be liible to imprisonment. -- The hon member had raid that he was not aware, personally, of any cases of hardship, and only said that he had been informed of a few cases. The Bili was a condemnation of the humane judges who bad abstained in the past from commit-- ting a man when there was any doubt what-- ever as to his intent in not paying his debts. The Attorney--General here read a copy of | the summons issued, and claimed that :t | reached everything, and that no ons couli be sent to prison under it except through fraudulent intent. A man might have money . in a savings' bank in Montreal, or hold stocks in the States, and how could a garnishee ap-- ply to that ? If it were not for the Act, the man with such funds would go scot free, The symfmthy of the hon. gentleman was np&nrent y with the rogue. r. BLAKE--Hear, hear. Attorney--General MACOON ALD said this was the natural conclusion to be arrived at in the Bill. Mr. BLAKE--Provided that the juadge shall have power to order the debtor to execute an assignment of such funds. (Hwo' I . Attorney--General MACDONALD--Yes ; | and if he refuses to do this, why you must send him to prison. (Hear.) He hai a let-- ter from the clerk of the Division Court of the county of Wellington, stating that there had been but eight committals, and theso were parties who were able but would not pay. He did not know the name of the judge. Mr. BLAK E--JudgheiMacdonsld. Attorney--General ACDONALD--That is a good name. (Laughter.) Mr. WOOD--Rather uncommon, thoug'h. Attorney General MACDONALD sald that there being this want of evidence in favour of the proposed Bill, he considered it not required, and should, if necessary, make a motion that the order should not prevail. Mr. SCOTT (Ottawa) was glad to see this gueltlon taken up by the hon. member for onth Bruce, and felt sure that if now un | successful, he would re--introduce it at a fu-- | ture rime, and continue it until successfal in | removing what was a dark blot on the sta-- tute--book of the Province, _ Cases of great hardship had come under his own observa-- tion, and there was an urgent necessity for the carrying of some such Bill as that now before the House. 'The letter ofa clerk ce should hav ner in which th mt courss migh matter., _A som d for to gonside to him that th 2 J [ t

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