The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Jan 1873, p. 4

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I I I I ""'lMrl8l." 'T. " J," T8l'Slllllllltlll8l I "if." tr, . _ _ .. ' . >'.' "TT' Fr ", 'tT' _ "T'e'Gg timetc secure the common Law Pro. 's, Mtstmont bad distinctly stated that he did I ". J _ ceilure Act, but the present pro- not refer to the member for South Grey. _ ' o ccdure of the Chancery Court was E . " established at least three years earlier. Me L.IUD ll raid 1ushad never had an _ In the Common Law courts there was a opportunity before of replying to the , " multiplicity of pleadings, but in the Chau- attacks upon tim of Im, GPO". Guy Court there were only two the billon He declared that in the case for which he i one side and the answer on the other, and had been attacked he had not receiveda i _ then a short replication. In another respect penny i but, 1n order to shield " friend, now ' the Chaucer Court com oared favournbl iitceasod, for whom ho had the highest 4 . h th ( y I lrte, d th t y esteem he kept silent at the time l "it e Vommou .aw con an a was r . that the latter only had terms of two or Hon. Mr. PARDEE thought this question _ three weeks, and if, the business was not had taken a turn which the mover of the through then it was thrown over till next resolution did not anticipate. The Court ot 1 term; butthe Chancery Court sat till it got Chancery seemed to be singularly fortunate, l, tliruigh with all itts.lou?.iyt There Ya.' there being only one charge brought against I therefore less delay in litigation before this it, and that was, that country gentlemen (fruit than before the Co nmon Law courts. should have bills of costs revised or taxed He was satisfied that if the whole of this in Toronto. It appeared to him that that _ I ootstry WM Poll"! " f0 itg oontidontse o.r was onlya matter of practice, and if an m tt confidence in the Court of Chancery it evil "a oonnootisd with it that evil might l would be found that it, of all the, b. easily remedied by ' treating them l crurts, stood highest in the respect ani I inthe same w'y " costs in common law ven,cration of the people ot thia country. l sure. If that were the only evil that could Dr. CLARKE thought the attack upon Ce tottnd in the working ot the Court of _ thiict,t',2,id.c/o1ra.n'"E was most ilLadvised 2tt,t7dtdg"ieit'd tritiounlg 5:343: on ones e . or. e was sorry that the P.uc use. q hon member for Lincoln had cast a stigmi dissented from the course taken by the hon. on the Court of Chancery by representing it t,egtiqgh't,t 1e,2Letttl'e, 'Ill the t " having lost the res ct of the oountr . If oor o a ou" 6 o an LOBh' ' it was meant to throat a slur u n thi pre- coupe?" and the firm ot _Messrs.. Biake ' sent Premier of the House, who bond just left , because they had attacked him outside the l _ that Court, it vonhl fail entirely. He re- l House. If they looked " ttttt working of gretted that the time of the House so far I och . principle. they woyh.1 see that it was 1 ind the? ttg, 'att so 'r'l'IU {1131: gt. ' not rill t"2ttl, be deems; k The bar: imp s oc niigc e aw. ere a can rceut In)" 9 a 'WI" . c u on _ 9! I 'lt petitions for the abolition of the Court of I Zion. 1e,tghl',"a',1, ('rol"gg,t, othDMessrs. C ancery. Blake upon t e tour 0 e oueew en none Mr. BOULTBEE believed that the Chan- ot the gentlemen were there to defend them. on y Court gave satisfaction to the country, telvets. . and was the least expensive court. m ob. Mr, LAUDER said he did not make an j.ee.ted to the .rtfl.tctipn upon country prac- attack upon any tirm. ': 'tlb',',',',,",,') 332*: $1,353; hier,ite, Mr muons ma he did not know what , not the case, If M'asters in Ch me"; $112,: the hon. gentleman called an attadr, corntry taxed a bill too heavily, they should 11t, he clertardnly made as? of mg?" be dismissed, instead of having all bills sent which relleete ""3 PM?" upon t enu. . The hon gentleman maintained that he h til a to the city to be taxed. They should be . taxed in the county town where the business unlit to make the .tttaf.k, because 1'? had is dones. been attacked tlet fthed tgg, "it?!" t " . . . T not inapositipn een iauel on l e ah"heu2,f2t,t ttthilt view o.t the the House , He (Mr. Pardee) was of opin. ' in Tor l comp a!" bill ° J, (lf occasioned ion that it was not lair to attack gentlemen Court 'll' $3180 mglt "I l?" . .As to the outside the House who were not in a position could 2 t a Tri'ro, tSL't ' :/It'it'g,'d, we to defend themselves. The House was under much o 1h"l 'lil l i an tht WM very an obligation to the hon. member for Lincoln _ , i and equal; H 'l' obfecgdpyz; ti,t,tiyY, in hiinging up the question of the fusion . t. , _ l i l bill:d having to be sent to Torontogto be. $031]: digit; 13:52:13; 8231122; :1? l ' ' ttts . _ vuy great evil, and if for no other reason ' Mr. MACDO) ALD thought they must but for the purpose of correcting that notion _ slihenr testimony to the high character and he thought they had reason to be obliged to ability of the judges of the Court of Chan. the hon. gentleman for bringing up this envy dmtcc il was estakblishfedl He also oh. debate. It was always well if any false Pf e o e rcmar s 0 the member for notions retarding our courts were entertained 'fe,y,.'e.'t., lapecz'mg country practitioners that those notions should be corrected. The senomg in ergo bills. ,. Court of Chancery stood equally as - . .Mr. BETHUNE said his remarks had been high " any of our Common Iam courts. In misunderstood. He did not 1.1 h to say his place in that House hehsdsaidhe be 33:31:13]] eduhtr,t', ul 'tr'mlld. "mUry grind that. It 1,1I,t',,tliat hh",' Court of . e was gm wi in t, admit _ance ring 0 amen so a a suitor that they were more modest 3in their might blitain a full remedy in one court charges than the city practitioners. Kilihout tee, into two courts. He did not Mr. MAUDON tLO e ieve t at anyone wished for the abolition some ei'iciirtl't'/lt', J,',r,,oeeh'f t this lite of the Court of. Chancery. .Ho was in favour son "by ll" haw and E-iuit ' Commission had of Equity Jurisdiction being extended to bun abolished. He thou g t it would h . Common Law courts, and that Common Law thrown better to have a.lou on that Cf/lk',',,'?,',',' goulddbe tert,1 tl tt quuity courts. Oieport. Be c tai " /ii e un era tie r. a ethos ht th 'tet, that would tinting li"d.'l')i1t21y,pi system of the law courts should be no change: e .hmrt of Chancer- whi h ' that a suitor might obtain atoll ant coin blertirg to the count"? and It, my; as: I pets remedy% one court without seeking it Worthy of the highest' esteem. ti m two tioum'h Hts (Mr, Portico) was of ' ' N . ini n t t . t vj1rse)..x7eie/tii1Lyuht1,hy 2: m... a... "2fo"ciUh" was: n, _ ' f ; y a tt. brinvin f thi 2f'l21At"ii'r'ati'rd'ttiti, r'ftc1ttitfte,t, . ii a. tei'rigd'"1ugi',ul,d 2t . Ve clamourmg for the abolition of the Contact; It hoped that .thoao gentlemen .wh? had fl,rgy: The clamouring had been done by tlie Po" er and abuity to effect this thauae mafia. firming to .the remarks of Mr. I i w. ttlil see that the ar'iialies new existing men to th: 'c1'd'l'"rljle of "orntt.gHitlts. wouldberernoved. (Hell. heard _ traced to the fa ..t L',' ttyy might. be Mr. RICHARDS felt somewhat inter- . . c at they had received est di th ' . . . more Justice than the ' e in e ueation under discussion. do court, he wanted T, matriJedTi'rom that had observed1 the we: in which fuion Lauder) was n fem: d to in thazvrdmaivll: (Mr. worked l' otherch lies; and he had he ht . , . opiniono once 0 t em nent lawyers to this l'd,R1,gJ, said he had no referen ea in thitcoyntrn terwarda went to Mr LA"g eman. bewlorkh and t t opinion was decide liy memhe f(DEB, went on to challenge "y against .fusion. He (the speaker) was iso in th 'ld the House to say from his place againstit. The late Attorney-General did mks . 2h" that he had been guilty of am not desire fusion, but thought that there a "0:1: Lett',.',',',', though some of them might be vtttrtapptoyh in that direction o a " insinuating it. He rocee In the administration ot justice than at res- ale?" to the attack. of Tare GEO" (tit,', wt existed Mr Blake t',t,'d'l,',", professional conduct, p on he understood, a in ' favour ol' Mr. FAREWELL rose to . fusion and said on one occasion that . a . , . Was the t,thieot before the "13:3 'ttttt it was unfair that a person should be driven gentleman a character an d practice as . la n. from one court to another. Cases of that 'li, W' hindtwere certiamly ',"tp1,i,af,; for in the Ion. Mr. PI rea prepon erance o instances 0 le hon. 'li/lt/ff/ie/hehehe,',', Whenan l gnaw just as well where to go withpzhgir _ -. an opiiottunity to defend him if. ould have suits as if there was but the one court Just . F A. _ _ Mr. FAREWELL . " . because a mistake might occasionally be , V _ said the member for made was no reason why such a radial change _ was asked for should_be intro- C'WM'J'J';'V'I*" c----.--, =tstSEietgraarce=a-----ai=-.ey=----u= -- ~~ .. .

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