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* o was , as well as the en oaks s Process E s | ¥o act in a Jn':;:':l': t':';;f.',f,';, devolved, upon gg; nu:lnbelrsngo P "g;gfl is is ;'11'0 Tos, in 10 f | sion for inion, yet i \Office in 3 the t.t 3 g: Government of the ?Ot';' say how many 18721"8'28; and in 1873, 9"°'d it folflh.l at i & left to this Governme®$ 60 19 )° ping ap. number of cases brought down 2. th | oo ts A j hould be from _ time tribut-- ing Assizes was 373; in 1872, the K judges s they should be distribu the Spring to 543; and in 1873, 4 0 pointed and how thoy e, be highly improp3® number was increased io 658. _ In re-- P BL BR ed. _ It would, Of ONMSS °7 , (reater nurabor | it had still further increased toth ho' con: t f to k Phe PP Unlassitics of the country 16-- gard to the Autumn Assizss, the sMm® CO0 l ¢ than the actus "eczlssm:eceuary to mset tho clusion was Inevitable. In 1871'. :s 273. in | d1 I ' quired, bat it ¥29 Coudicial business as it in-- of cases brought Arm Co%." Thore had also ! J [ || | "qui:gm"'ls; °',,'§'c'lifisy° for an additionh-l 1872, 481; in 1873, 696. Q%fio amber a 41 t i | creased. e sed upon the been a corresponding increas le, the [ | number of jadges had b""x?mflme and it of County Court cases. On the wholo, & | | Government for a contidera®:9, ©AUUn 0 uq usiness, steady and growing as 33 | \ was recognised by the)ndg?h?gel%}eim ro-- ifi".fi'fiefi ll:howedu'tlun; there must also be <o 5B everybody who k98# SUIDEL n 1937 a currecoouding increase in the staff, if any» c vuirements of the l:fi;u:' ns to the number thing Kfi: efiic!ency and despatch wore 1 B there bad been tw0 xod since that timo to be insured. _ But the mumbsr of cases PV &\ of Common Law J"dg"i;hmm had been only brought down for trial was not&propermo'i:z /4 ' 18 aneen mac hidod, notwithstanding the enor-- o ie cotibnosor which would. show , the 4 if ano' one » business, &n to give a statement whi 11-- <] a increase in the wealth, + usiness in this latter respect, | The /b #P ' ts o t 4o Rfred ons Tsc rrimen ied austig hpornes pring Alu dition to which D8 The | 1 was 297; in s * 1ad t made _ in | 1849 ~20, ye:?\he.t?:;e theso | ?8??6281? 1811&9!." of 1871 the number | ; BHLR ul 1 ulation of the Provin£6. its legal ! was 390; in 1872, 326; in 1973, 510. | / AM po; cht sufficient for 1 & tried was 5 u. s ho Spricg | TN\ ges were thous 4 The number of roemanets from the Spt 5 | 84 5 O Pasiness was bot weon 800,000 and 900,000, Assizes of 1871 was 47; of 1872, 68; and of | | /: al 4 and row, according to the last census, it was 18732030 From the Fall Assizes of 1871 the | | 5 ' 2 ¢ 1,600,000. The wealth of the Proviace had ber of remanets was 58; of 1872, 10; of B | 1 I \increased in a corresponding proportiona dur-- ll'g.:.n 88. _ As a matter of fact, the whole / 3 i | 1 I ing that time, and there was also a lnrge in« 3"".' taken up, and no margin left6 for i 851 ': | crease in the number of counties, which ro-- {hwm e 'nr;m at Toronto and the one |-- B Y quired additional labour on the part of Su-- :. at %mm. appeals in _Chambers, | ® 3 ' perlor Court judges,. Anothor test was the, T Is _ for habeas corpus, controvert-- ) [ ' . | number of cases coming before the Court of :d elections, and various other mat | U 11 : Appeal, which was a very gooi test of the ters. _ One _ pressing _ reason . for the t | 12 § comparative labour required of judges now nge proj in this Bill was the contro-- | -- 8 || | | and at the time referred to. From 1848 to md ions. He believed there were | MA ||-- | 1855 the number of appeal cases a year varied already some thirty petitions filed, and there 10. || |-- | from two to fivs. The Court of Appeal, for would doubtless be more, and they all knew 94| | ' | varicus reasons, was a somewhat expensive how much time it would take to dispose of i PW court, and during the last four years the num-- them all, He had some experience personal-- VB j J ber of cases which came before it varied from 1y in the matter, and he assured the House 1 | | hS 15 to 31, so that the amount of appeal busi-- I lzwu the hardest work he had got during t |F| pess had been between fourteen and fifteen all his experience asa judge,. | There was Te [( 2s times greater during the last three or four really no margin whatever gor this business, M !i & a ycars _ than _ at _ the early period and next year he supposed ourown elections P 1 3 6 3 refexed to. In 1849 two judges were added would contribute considerably to this sort of C || v, F to the Court of Chancery. 'The intention at work. These considerations appeared to him * (AiBE the tme was that the throe judges should to demonstrate that we could not delay any {M % ' sit {ogether, the business not being vory Jonger the procuring of some additional 1y | . large but since that the business had so in-- Judges for the Superior Court, With regard | ff' | creaf¢d that they have had to sit separately. to the number required he had heard various 1 e a Kealy three times the amount of business schemes, mnone of which involvad the § 0 1s bad, tuerefore, been done that would have > intment of less than three_ or four 1j $ been gone through had they bsen sitting to-- 3& Judges. As to what disposition o gether. To show the comparative increase to make of these jud the Government | that had taken place, he might stato that, in had done their best so gg:.ihpoae of them as | $ P f 1849, the number of Bills filed in Torounto, to be of the best advantage to the country. f where all suits in Chancery had to ba tried, Some change was necessary in our Court of A J 3 was only 192; in 1850, 175; and in 1851, 205. A penl' mfi after consultation and confer-- CA d R | In 1851 Bills could be filsd in the country exPoe with zome gentlemen in whose judgment 8. f | | for the first time,and they were not included he had the most ect reliance, he had (% $ 1J | in the number for that year, it boing im« though it most .s:dmbgeonu to procure [ f possible to ascertain their number, How-- threeg'ndges and re--constitute the Court of 3 " f i 9 ever, they must have been oxceed-- A pen]l. 'Of the jadges who already consti-- B T ' | ingly few. _ During the last three tuted this Court, one was not engaged in the 4M } ; & || years, the following was the number:-- original Courts; but the other three wore, 1e || ) 3 1871, 1,851; 1872, 1,5%5; and 1873, 1,661; ' .ngthelr ownb'\uinellw quite enough for t ~i H thus showing tho incromse which had taken | them, If they were not engaged in the 'Court t || | , ' place and the ratio which it was maintain-- of Appeal their own original cases could re-- 1 ing, and showing an increaso as comparad to | celvep greater attention, and ho proposed, h f ' 1849 of something like cight or ten times, | therefore, to constitute the Court by making B | 1 w Anothor tost was the importance as well as | it comsist of the Ohicf Justice and the § I $ P | the number of cases, in 1849 tho total | three judges propored to be appointed' | is | amount paid into Court by executors, trus-- | under thfl Act, -- Heo also progoced § 4 | 34 $ teep, etc., was $4,118; in 1850 it was rather | that _ none of these judges should § it R less, and in 1851 rather more, being $6,587. sit in judgment upon cases in which they had i | t 3 a \ The difference shown during the last few | been p"vgou.ly interested as exercising ori-- & + € ho $ years was extraordinary, not only in that it ginal powers, and they should thus come to d ( i7 * U | exbibited an enormous increase of basiness, . the matters to be disposed of with frosh & N¢ f V but also the very great confidence that was minds. . There being four judges it would be P )4 ; felt in tha Gecisions of the Court,. (Hear, necersary for three of them to concur before ME hear.) In 1870, the amount paid into Court any reversal of judgment could be made. The ) ~|&)| | sf¥ | in the shape of cash, and Dominion Stock, *business of the Court of Appeal, howaver, M § C | and debentures, was $392,740--about one would not be sufficlent to occupy their whole s s Y3 d bhurdred times the amount paid in dm-lngl time, and he proposed to utilize them b{ re: 9 ]! [ l 1849--50 and '51. In 1871 there was a sti uiring them to aid in the circuit work of 3 8B | ¢ further increase to"© over _ $515,000; ;;lhe various Courts, -- There would be a great : Y 17 ' in _ 1872, to over $670,000; and in | advantage to themselves in this, as it would / hk t 1813 to _ over> $679,000. Hon, gentle-- give them _ fresh and enlarged expori-- <-- ids ' men would see from this extraordinarg in-- ence of tho character of the . cases crease that a much larger staif was necessary | they would have to deal with in ap-- t / f for the discharge of the work,. He iolntod peal,. _He did not propose to deprive | Ht out, also, that a portion of this work came the nine Judges who _ presently were s " | ; before the Referee; but yet it coul1 not have connected with the Court of Appeal 5 U | 3 been done exce&t for the judges #Rting | of that connection, but they should occupy o w f separately, In the Commonmn Law Courts it any places vacant in consequence of the i f j 4 : had been notorious that for several years absence of any of the regular judges, either h j back there was a very great deal of diffi-- through iliness, or his having had an interest y 9R C £ culty in getting on with the business as ra-- in the case origi , or any other cause. s(% & pidly as was required, and a large number of The Judge oom ;ppu{ even if the i( doalkk | S cases were left over from one Court to an-- casze were tried in the Court to which he was . 3 | MJ 4 other. At the last Toronto Assizes they attached, unless he had kimself taken any ---- it : were unable to try even the whole of the cases : sit in the dings. He proposed t> i 1 [ 4 (E id oT Anat arnd moaut ne rows rbagne . ihe sdmitiatyantn o ; 3 + i justice i rlor Courts, and to give af {| a increasing. Ho had bsen aaxlous to ba uce in the Su 3 $]/PF ¢ quite suro that this blocking of the Court sns cl Ab hhggmy&'egg'e;ffi,fl'{';nf Judgs $ § | had not arisen from temporary causos ; but '"gC'P appe Law, with the authority to bring § ? | 3 the more he had examinecl into ths sb ({)mfm C the full Court in -- cortain o ' matter the more had it been forced . Deore a .ho that _ thore should % f upon his cbservation that the incroass had cases ; and _ a til -- after a re--hearing. UA l , been gradual, and that we must expect the oo rine mcome lso, that all the l m R blocking to increase instead of diminishing. He {further proposed, .8 3 za', . Cns