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e se o e on o eE C tem on the basis on which he now proposed to creato it. At that time there was really bno equity bar, and it had gradually grown up. He called the attention of the House to the fact that the changes which had been made bhad brought them into & position much more favourable to rettling the difficulty than was the cases in England, where, ho w ever, a step had been taken in one raespect in advance of this coauntry. They were ap: proaching the question of uniformity in both ways in this country, and the two courts were now not very far apart. He believed that the profession was well able to grapple with s«the duties which would devolva upon them when this change should be made. When they were able to get rid o0f the anomaly now existing, and to make a system of law which would be adequate in itself; when they were able to apply the princip!le, not that the de-- cision of one court by its law should ba con: trary to the decision of anothor court by its law, but the principle that one law should be recognized in all the courts, he heligved that much goed must result He was entirely op to rgiving an equitable and ccmmon jurisdiction as it now stood,to one court; be would like to see the distinction obliterated, He wanted to see the common law spech as it now was, con-- Srolled by the equity law; and that the la ¢ should be In such a position that al the rights he was entitled'to claim in ons gaur* intfunsntiantiet '--.'" bim in all "".'A: an awka s lr C Ee mesurable posltlon Tor the adoption 0' this change ky delaying it; and that there existed no resason for nots at once proces*'ny meweswemel m .'n lnum in wil sb le »* Pn arxtresks NOAOUMAY o + actew sat se v reith COOFES i; was free to aamit that the treatmeat of this «vestion would be likely to create uncsertain« ty and confusion, but he would ask whesher the House thought this uncertainty aad con-- fusion would be decreased by delay, (Hsar.) He did not believe that we would bata a to carry into effect this much needed reform. He begsed to make the motion now before the chair, Hon. J, 8. MACDONALD said he had listened with great attention to the able speech of the hon, membor for South Braca, and could rot gainsay the statements he had wade with regard to the workings of thase courts, ard the necessity for & change In 1851, Mr. Lyon Macken#s's moved that ths Court of Chancery should be swept from the statute book. _ 'There was a vo*te on the sub-- ject, and a majority of seven in its favour. Mr, BL&AKE--There was a msjority of seren from Upper Canusda, but a msjority against the measure in the whole House, :uu,.;nd that instant all the minor defects would cease to exist. 'There seemed to him to bano reason why the Bouso should not saddress itsolf earmestly to the consideration of this question. At the period when the equitable principle was first introduced, he could see that there wers reasous in the state of the country and in the stiate of the profession why it would have been practically impossible to have created a sys. Hon. J. S. MACDONALD said he took occasion at that time to condemn the pro-- ceedipgs of that court. ble force with regard to this question of uniformity. Any professional man who had erer invertigated any of the nice points whether relief could be granted in one court or the other, must have feit dissatisfied with the groundwork of that decision. Often-- times one was unable to ng anything farther than that judges had sottled such casos be-- fore, and found no equitable reason why relief shoruld be afforded in one court and not in another. Bat where a system was bsing deals with confessedly auomalous, these winor defects of operation attracted less at-- tention, since they grow out of thegreat defect. But funt one system, and graut that the law of the land, controlisd by equitable principles, should be cho'gmlem'.ng ruie i:x all Mr, BLAKE--But you voted agaiost the eotion. Hon J. S. MACDONALD said he kad voted sgainst it becanse it did mot provide for the continuation of the cares then before the court ; and because the motion was sprung upon the House too suddenly,. He never had flut one epinion as to the ncscessity of the chauges sought for by the hon,. member for Sonth Bruce. Within the last two months he had told the Chancellor, Chief Justice Richards, -- and Jadge Morrison, that it was his inteation, -- aftter this seesion, to appoint a commission to see how those courts could be better con:-- stituted than at present, This was no new idea of his, for he had spokon to his col-- leagres about it, It was his intention to. prosure two or three of the best minds to in-- yuire into this matter; and he would observe that when & similar change took placs in the courts of the State of New York, 10 or !7 ears ago, they were preceded by a report, {z was not an easy matter to adopt suddenty the system propored by the hon,. member for South Bruce. it was too serious a mat-- ter to go now into committee on those reso-- lutions without adc':]Pting the precaution of ruvioul inquiry. The Government would ssue a commission to Inquiro ints the mat-- ter, and havo a report next session. He koped that the hon. member for South Bruce would be satisied with the exertions he bad made, and with the promize that had been given. * Mr. PARDEE #aid the country x%nld be gllul to hear that such resolutions had been troduced, for if there wore any one thing that had given great dissatisfaction it was the mode of procedure in the Courts of Com: mon Law sn«f Court of Chancery. If the hon, member for South Bruse succeeded in bringing forward a scheme to make the procedure in those courts uniform, khe would have conferred _ a _ great boon on the country. He (Mr. Pardee) was glad to hear that the leader of the Gov-- ernment admitted twenty years ago that the procedure of these courts was an anomaly, and that he held this opinion stlll. If such were the case, he (Mr. Pardee) could not see why the Attorney--General should go to the expense of iesuing a commission, iTs (Mr. Pardee) could not see the necesslty for a commission when it was an admitled fact that the whole country hai been looking for ward for years to some propasitions like those contained in the resolutions. Mr. LOUNT, after repudiating the idea that the members of this House who were also members of the bar had any dosire, in the course of legislation, to incrsase law et-- penses, Eroceed:»d to say that no omne conld doubt the force of the resoluthens of tie borourable member for South Bruce, or of the arguments he had ussed, But he (Mr. Lount) was not prepar: ed to adopt those resolutions antil previous inquiry had been made by a commission. He concurred, however, in the main with the resolautions. Hon, Mr, CAMERON said that while he was prepared to adinit that there wore aso-- malies, he was not grepsrei to say that the : country was, at this momest, rips for a change. These resolutions declared that a change was necessary, but did not provide for any machinery to work this change. He thought that the mover should be satisfied with the promise of the Attorney.Gensral to issue &a commission. He (YHon,. Mr. Came-- rom) had had a bundred cases at wisi privs, but had not half--a--dozen of them thas requir-- ed the inotervention of the Court of Equity, He maintained that at pre-- sent the province of _ Eqaity and Common Law was well deoiined. If the House were going to make a system of law that every man could understand, he ceould sce a gcod reason why the House should swcep away the difference between the Court of Chancery and Common Law. Bat the resolutions had no such intention, for they did not mske an improvement for the underatandinsy cof the litigants themselves, but orly gavo one tribunal the power to aviudicate w' ~ two were now necessary. Be theuwht : the rules of equity were mutch harase! + thoss of Comaon Law, ard that the . . Law Courts were much more cheaply ac uster © than the Court of Chancery, va <a« othe ~and, if the Chan-- eery syste n cvers to u. . >---- a the other, the expente ofi justice wou'd in 'ncreased. Ho thougbt that if ansthing, a seduction should be ma'je iu thoe expeuses of Chancery pro-- €GPL W ; a lieon, Mr. CAMERON wished ths h»a,. nerskber for South RBruce would be coutent with the promiss of the Attorney--General Mr, McDALL (Norfolk}considered that thsa experses in all tho courts were too high. Ent the legal gentlemen in previous Par'ia ments were to blams for this. for they had hai the matter in their own bhands, He thought the rcsc»h.:tL':.us v_culd catry a large propar-- tion o¥ the busivess of the ordu courts to the Court of Chancer there would bo move costs, kit. BL&AKE--EHear, heaw. Mr, MoB#ALL said that he was of the proposition of the Attorney-- K. T ATNDVRD samenscd wolél &La L ts ber for Soextk Bruce and the Attormey-- en eral, 2s to the cxistence of anomalies, but was of opinion that the House should pro-- ceed canmously in the matter. He w»--s in favour of p.evious investigation before the Hoase should take action ; and then let the Monse aopt some well--digestod plan t> make the practice of our courts unitorm. The House should pause before changing the legal ryatem of the Province at the sugges-- tion of any one member, no matter what his experience in any one branch of the law might be. He would be slow to adopt a sys-- AKE--Hear, heavr. c aprecad wit of the ordiaary law of Chancery,, whor o fa mM hxE 4 tem simp State of New York. in LNSISHI 1°""* """" a very great diversity of opinicn on this very matter. Lir. BL;AKE"NOQ \ir. LAUDER went on to say that he saw ttis difficulty. Supposing that the courts thould be amalgamated, our court could not sdopt the decision of the courts in Eaglacd unless these courts weore amaigamated like T ym on e i gem omm Slant th c \ir. LAUDER went on to say that he saw ttin difficulty. Supposing that the courts thould be amalgamated, our court could not adopt the decision of the courts in Eaglanad unless these courts weore amaigamated like our own. He was not prepared to say that the hon, member for South Bruce was wron?, bat the House should adopt the suggestions cf the Attorney--General. . Mr. ELAKE replied. He ridiculed the idea that lawyers had an interest in increas : ing fees,. No enlightened practitloner of the law but would acknowledge that his interests would be best consulted by simp'ifying and cheapeniog the law. The apprehension that the law was expensive, dilatory and uncer-- tain, was calculated to deter people from as-- serting theirrights, calculsted to diminish the number of suits, and increase the dissatisfac tion of suitor®, _ Inside or outside the House his desire had been to simplify the law aad ite practice, and make them plainer, to reduce the proceedings to the smallest number ne-- | cessary to obtain justice. He intended by those resolutions to combine the best ele-- ments both of equity and common law, Tae Provincial Secretary bhal stated that the principles of equity were barsh On th's point he would quote the opinion of the Lord Chbief Justice of Englend, sir A'exin-- der Cockburn, That eminent legal autho=-- ty had sald that the law ought to be adapt :d to the standard of equity, and that th« fusion between law and equity was a consummation devoutly to be wish»d He (Mr. Blake) did not intend --that his resolution shoul4 deal with details. . Bat he congratulated the Attorney.General in coming so near the consummation of his dream of twenty years It was strange. however, that at the end of four years, and | having been strong enough all the time to ' cortrol the Houge, the Attorney--General ' should only now think of this reform. He | (Mr. Blake) did not anticipate that any | great progress would be made by this com mission, and thoucht that the House would, ' after all, have to logislate without asgistance | ' from the commission, -- He would accept the | proposal of the Attorney.--General, and ask | | leave to with:draw the resqlutions, | f The House bhaving granted permission, the resolutions were withdrawn. THE GOVERXMENT AND THE COURT OF CHANCERAY,. Mr. BLAKE moved an adiress for coples of all communications between the Tuiges 0' the Court of Chancery and the Governmen: touching the prop»sed measure in respect 0' the Court of Chancery. Carried. Hon. Mr. CAMERON said the return ha'? been prepared. He begged leave to lay i on the table, AIr. BLAKE--I compliment the hon. geo> tleman on his extraordinary expeditty» (Lavughter.) . & & Mr, LOUNT moved for an address for a | return of the fees and emoluments receive i by the County Attornays of this Province | for and during year 1870. Attorney--General M ACDONALD movel that {he Housa go into committee on Frilsy nixt to consider ths following resolutions :-- 1. Thet there shall be paid out of ths Consclidated Revenue Faod the aum cf y !' y ul f "'. p dollars *00"* /y co the Magtet 5# Ordinay va exg Comt of Chancerg 3 5 That there=--*all be paid to the Refers> in Chawbers of the said Court, annually, the sum of doilars. Carried. PARRY SOUND AND THUNDER BAY Hon. Atty. --General MACDON 4LD move? that the House go into committee on Friday next to consider resoluation :-- That there shall be paid annually to each | of the stipendary magistrates in the terri torial district of Parry Sound and Thunle: Bay the sum of dollars. Carried. Carried,. A Bill to make valid certain commissions for taking afliGdavits issued by the Coart of Queen's Bench.--Mr. Craig (Russeli)--was read a third time and passed. CoURT OF CHANCERY, CcOUNXTY AaATTORNEYS. ThIRD READMXNXG. APPOINTMENT3. In Englsn1, there was N presented a return $h-- of the the