The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Jan 1872, p. 2

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germ price with new) . (alts . nude let tl l Rival; I aw!) Hun. Mr. WOOD s11 principle of which hel by the highest legal Empire. It dy. not I,'] . ' his "ite "ret MA anon M31 1teoll'r' opinions on the subject were Smsed. He what he had formerly exp er sanction trusted the House would "a?" WI. It the principle introduct;d ?l,. the confi- would have the etl'cct ot shmJltlflit of the dence of the people in the star: y laws by which i),ity,2t:,li1d'rtog fh did not Hon. Mr. cItoiiks '?5l,R? Mm main. f Mr. PRINCE thought there was a gzirvanca to be. met and that it was time to deal with it l and described particular instanc-rs in xygiph he troniilcred W lilillt? UL 'B.."'-"'" ~Mr. DOC LTBEE urged the House to give vcrv careful consideration to the principle o'.' {he 11:11 before allowing it to pass. He "rild imagine that considerable dimeul ti: s would occur in the wmking of this m, u sing to the rapid fluctuations in the "the of land in thiscountry. Itt the case of a railway traversing the property of an abncutee land owner, very considerable ia. justice might be done. '- -- . ""\-'I"T .1,__'_._. 11.2.. -%.. - "Bl-EII-'IRRBAIRN thought this was a. thoroughly Jtyform measure: "and JP? trrriiiiil'i" ii', find a measure of that kind' emanating from the hon. Premier. An [ imaginary case had been presented by the hon. member for Cornwall, but the bill was not intended to protect people against the results of their own carelessness. The Object ot the Bill was to pro- tut the person who improved land under a mistake . of title when due prudence had been used. A number of cases had been brought before l, their notice, but the principle was as well 1 mdicated by one example as by a hundred. Much had been said about the expensive nature of law proceedings, but he thought it time {or the members of that professmn to stand on its defence. It was, he main- tained, the worst paid of all professions. itt t Mr. LETIHrNE sincerely hoped the bill cum hccmne law. There was no novel rrcciirht introduced in this Bill the pro: A _ . . I -- _ 3-- 2.--"-nn_n.n,] m The'Bill was then read i second tune and referred to a select committee. Ii'ithUDOLENT DEEDS. Hon. J. S. MAC] I going to oppose the 8ty had taken it that thel Atty-Um. had not ma Bill. Mr. BLAKE moved the second reading of a Bill "To declare the true construction of, the Ae) passed in the 13th year of the reign of Queen Elizabeth and enamored tive and entituled ' an act against fraudulent deeds, alienations, &e," and in doing so described the differences of opinion which had arisen as to the inter- preation, 9f ItAtt lp question. . - - "V n - _ V H". --'.u .u 'luvouuu. . ' Hon. Mr. CROOKS said that several cases had recently come before his notice in which the difficulty referred to had, arisen. Hon. J. S. MACDONALD was not goirrg So, oppose the second reading, but he ha. n: run '5 no... ALA S, __ "ti uuu tulSCIl u that the law was settled. Thei Atty-um. had not made out a case for the ' Bill. lion. E. B. WOOD said there were three. claws of cases to which the Act would apply. No three of three Judges could agree as to what was the real meaning of the provisions of the Statute. Hon. M. C. CAMERON thought that because a particular rendering of the: words was suitable for this country, it was; rather hard to say that that was the intenti of an Act passed three hundred yea"; 60:01 under widely different firemrlsuiicisT. Ila would not, however, Oppose i110 recon reading. Tliyt.mttta Drowned WOuld instead of settling the matter, mam ope the door to innumerable dim Q3 . i would not have the ehect of 1ii'.)ltiii/t," Jtetieet.1t_tPtutiaiiit' but ":4, -- l try in: would arise. This bill proposed lify these irjustices; and the objee, brvm.gutwerc not against thepriu- but against the mode of carrying it 1: bill woul I and 'trt-e-T moved the "W" JWIIS agol t1ifsuyicG. lle 'op0stt, wtm d AT, manly Ope , dtim fi; it to Prev . ' P312 migh tt ven' iiiFiioyito?,s; - c L . " T " hon. s. RICHARDS thought it strange? that this Legislature should be called upon to define the meaning of this Act in a. contrary sense to the definition lately given by the highest legal authority in the land. Itseemed to him to be highly improper for the Legislature to pass the lhil m its present state. It was an extra- ordinary assumption of power to dictate to the British Legislature the real interprets. tion ot a statute created in the, House of Co muons. - - - The Bill was then read a. second time and deferred to a Select Committee. THE LEGAL. STATUS OF MARRIED WOMEN. The ATTY.-GEN. moved the second l reading of a Bill " to extend the legal capa- city of urn-led women," and observed that the lawin its present state did not tPflieientlor protect the property of a mar- ri.e.d woman as against her husband. The object of the Bill was to secure to a married woman the full enjoyment of any property which she might hold in her own right. This Bill was, in some respects, identical with recent legislation of the British Par- _ liament in this respect, and would render W a woman entirely Independent of her hug. baud as far as her own earnings were con- ccrued. He was pleased to ttnd how far the not of the Imperial Legislature went in k that respect. He had framed the Biliwhen occupying agent on the. opposite side of the Home and when he had not the ad- v.- Marc of beirg eh"; ' M refer to the act of the, imperial Parliament; and he should . move on the third reading to add a clause from that Act for the purpose of protect- 'itvE creditors against fraudulent transfers. Tim. Mr. cguuanox thought the Bill might have. "my objectionable results in wits effects Ct1 the relation between husband and wife. It was very question- child win-tim- it was advisable to separate ', the interest: of their in so complete a. man- , her as to rende; them absolutely independ- l ent of one another. IIun. E. B. WOOD thought the hon. Atty.-Gcneral had better take up the whole question of the legal position of married women, who under the present law were debarred from almost every employment of the_ir property. - - . Thé Bill ivas then read a second time and referred to a. Committee. DEBTS AND CHOSES IN ACTION. Tho hon. ATTY. GENERAL moved that the order with reference to the assign- ation of debts be discharged as a pnvate member of the House had introduced a Bill to a similar effect. Hon. Mr CAMERON thought that it the Government had decided upon a par- ticular policy with respect to this matter, the Government Bill should be proceeded with and not, tugging} Bill. _ Hon. Mr. BLAKE said the Government would support the Bill of the hon. member for West Elgin. The order was then discharged. The House adjourned. at 1020 to this day (Wednesday) at 8 o'elock. ENQUIRIES AND NOTICES OF manna. Mr. Monk-On Thursday-To enquire whether or not it is the intention of Ministers during the present session to take any steps, towards t1fettsttibliAmeIt of one or mute Normal Schools in this Province. - Mr. Fairlialrn;0u hursda - for a. li.st of 3111 7d'fdi Images Aotlrttt Peace 1n this Province now {taking or in- tituled to act. -- --.- Mr. Grange-On Thmsday---rmquiry or [" Ministry whether they propose during this session introducing a measure amending the jury law, abolishing grand jury and making magistrates eligable in petit juries. Hon. Mr. McDonald-On Thursday-- Address for the names of all parties or firms holding timber licences in Ontmo, on the first military; instant, setting forth the loca l ' of the same, the area covered by each license, the date of tach [ and of any assignment of such license, the bonus paid for each, and also a statement of all sums in arrear and unpaid to the Crown by such license holders up to the said date, and the date when such arrears fell due,together with copies of any corres- pondence between the Crown Lands De- partment and any license holder in arrears demanding payment ofn the game. , Mr. 'iriuiri'uLjnsl---on Thursday-En- quiry of Ministry whether or not it is the intention of the Government to introduce during the present session a measure for the adjournment of the liabilities of the municipalities which borrowed under the Municipal Loan Funds Acts and for the relief of the new yunpipalitips. Mr. PERRY-on Thursday-Alles asking for a return giving a list of the names and residences of the Coroners in this Province. - ---- * - Mr. SCOTT (Grey), on Thursdays-En- quiry of Ministry if it is their intention to bring before the House, during the present I session, any measure or scheme, having for i its object the development of an increased immigration into this Province l and if their answer is in the aftlrrnative, then to namea day on which they will be pre- pared to submit such measure or scheme to the House, together with all particulars. alto appointment ot agents and other- Wlrre.

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