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i ie m e e -- e ,' s wis $ .' _{f': P m / Bs 'rhe be $ T md f the A' P in should arrange the oir: --_._Onumber of these cases entered & "I F culte, a, u:ffi:' COhancery cirouits should BIZEB were in 1871, 386; in 1972, 447; 116},83;' f not interfere with the others, as was the caso 504. Was this because the County Con J f sometimes at present. This would be a very were inefficient or unabletc do the work, t great convenience to the Bar. Hs proposed because the Judge: had not the confidence a also, that the technicality which provonte& the profession ? ~Whatever was the cnu?r s Circcit Court business being transactod 'li'BMredsomeremody was required. but F Guring term at present should be done un{ Bill went in the right direction in this, bu with, so that Assize work might go on until he thought the better plan would be to group _ it was done; and the provision mado last topether twojor three counties, and con-- year with regard to tge Conrts of Oyer ahgtute tho Judges a . full Ooul':, 'and Té, VM¢" in the County of York having the right of holding a County Cour would be @*tended to the wholo circuit, and with the right of llhslnfitto "X' & Pl'ovlnoe. He ..:.0 Drop)aed to make ml from any rufingto the full dou{) a him provision for holding a Coury . $*S_* %* . to this effect was lntrlzducend '3'" fa-- m ' not requiring a jury at any timg, o pro-- (Mr. Hodgins) the first sess ?I'ud'gel and the +3 RM togl:rietmrh'giofioq is the OClork [f J ;::::2{%; ewA:xegt{grglo::z Courts it would 6 ppeals an 11eferee in Chancery, by * was the j glving the m authority in regard to mattors ge well to aggly the lalvtv :1';;);? '15'9; well to R PRA might be transacted by a Judge, as 'f"°§'t° urts, of judges being sub. the law stood before the passing of this Act. provide that in't"}fie o% collecting -- their f He proposed also to abolish atamps in Divi-- %"t to _the .tto:h render theso foes were ' #icn and County Courts. The demands of fe,., forthe d"h"coe{:t Judges paid salar-- & the country required them to discontious funded, and the Cou tey Court work. _ Ho this source of revenue, and it would be a ";: for the Surroga « would considor these great relief to the poor people who had litl-- sted the G°V°;"mg:ue'_ed the Bill on the f gation in the County Courts, He concluded ::fgfe"::::l' d'::ietewi th the approval of the ' by L?ovli:: ;ho:) ?on: x;:duz :f the ?fll- 4 House, the profession, and the pnblixo. d r. DE said the orney--C{enora ecessit ~5 had made out a good case for the increase in 5 My. MERED.I'I';H fd"g:le' ;fi::;gthl:tsndin'g' 8 titre number of judges, aithough in hisopinion or additional ju gi"'gninst the Court of Ap-- there were soms provisions o? the Bill whish the objections utl,il i l0 is was bue best one 6. practitioners lniét regard with a certain de-- Pl?'l- that upon ,96:;. He thought it would f E gree of alarm, He thought it was impossible that could be d°""" to permit rehoaring with-- . $ at this stage of tho session to study out the be a great mlst; l: 0051 d not ses the neces-- . effect of zo large a Bill, and he trusted tha out deposit, an C w nty Court cases down to { Government would not pass more than the sity of t_,rlngm%h ;': was a provision in the | first fourteen clauses, This would ascom-- g" ]A'sl:'}e.éi tu:e Act which might be in. # E plish the end the Attorney--General had in "g 'f"d lint?;thll Bill as to wiich court ' view, and next session bo might introducs a t'l;° 'lld vail when there was a conflict be-- k Consolidation of tho Administration of Jas. : on t'fi"com- of Law and Equity. He * tice Act, ard the Common Law Procedure é e":c':mé'inmo" of the provisions of! the 3 Ast. Bill, and believed it was in the intorest of the $ , Mr, i"'%&.'"g considered this a move in , country, j the right ction. There was no dou hat the Attorney-- en ' that the business in the Courts of Law had | Gfl;';'l"ff'}g'od;'flg:m. --Bill had tvgo 3 ' increased very largely within the last few | objects in view. One was to infuse into the c years beyond the power of the Judges to administration of-- our law purity and inex: a ? d:r"" of it, and from a return which pensiveness, and if these o%jectl could be ' } h been brought down in . reply accomplished by this Bill it would confer a | * 1 to his (Mr. Hodgin's), motion it ppsared | great benefit upon the country. He was ' i that the remancts at the several Assizes were | satisfied these objects would moet with gene-- y ' as follows :--In 1871, 34 County Court l ral approbation. He believed Judges were "e €ages, 105 Superior Court, and 110 criminal | > overworked, but this was due principally to 4 cases, in'all 245 ; in 1872, 81 County Court | the large number of appeals, He said it d ages, 136 Superior Court cases, and 76 | was a general feeling that there should be a % criminal se in eal2 § :93 3 ::l 18'36 103 , Civiliana' Court, ¢ Coun urt cases, aperior Cour drelss cnu,ty and 111 criminal cases, in all | . Rixo'clock was then called. 434. This .hcl;wecfi a 5-".'.'":.', -;dd-tes%ytl;- | RAILWAY AID FUND, 8 create of work, of whic e Judges of the $ Superior Courts were unable to dispose. Hon, Mr. FRASER brought down papers Nol: on the former motion he had rolating to the Rallway Auf Fund, .' 1 estimated the actual loss tg thes}&;- The House then rose for recess. d ' ants in cach case to be about k fie estimated the total loss to the suitors in ADMINISTRATION OF JUSTIOE, ~ theee adjourned cases to be for the three Aftorrecess, 3 ' ears resp'lgctivelf $20,000, $25,000, and Mr., PAXTON resumed the dabate on this ~@ ¥4°,000- ho Bill under consideration pro-- subject, He was sorry so important a Bill s vided a remedy for this increaso of Assize | had been introduced so late in the session, w businees, _ But another class of cases which | and he trusted that the whole of it would ~ 1 cught to be provided for by this Bill was | not be carried into law now. He did not * the motions for new trialf, &c., which had to | think the whole of the measure would be re-- be enlarged from term to term at frong loss ceilved by the people favourably. He had andjinconvenience to the Bar and suitors. submitted the BYl.l to a lawyer, a friend » 'The Clerks of the OCrown at Qaéooge Hali of his, who as yet had been unable had enabled him to obtain statistiosregard. to give him his" opinion upon it; so ' Ing this delay in the sdministration of jus-- what views he expressed would be { tice, and he found that in 1871, 93 rules from his own stand--point as a layman, Ho 8 were enlarged in the Queen's Bench:and 57 objected to fscflihting the stepping from one \ in the Common Pleas; in 1872, 114 in the . court to another, and the increasing of liti-- $ Queen's rnch and 44 in the Common Pleas; gation. _ He regarded the changes with re-- § in 1873, 128 in the Queen's Bouch and 52 in gard to the Court of Chan as not in the the Common. Pleas. It was stated that interest of the country, oezgfi maintained 3 m great Jeal of time w occupled in that the doing away with County Courts and | diaposing of ecrtiorair *4 quashing by--laws Quarter Sessions would be received favour-- which under the new Act could be disposod ably by the country, and the increas-- ; of by a single judge, but he thought the ex-- ing of the jurisdiction of the Di-- : tont of that business was over estimated, and vision Courts would also be popular, He )t appeared to bim (Mr. Hodgins) the only trusted that Government would withdraw -- way to remedy this block of judicial busi-- the Bill, with the exception of that portion 3 nees was to constitute a new court--which which provided for the appointment of three d might be Gesignated the Exchequer, follow-- new Judges, *vg the names of the English courts. ~With Mr, PRINCE said the matter had been for ; 3 regard to the Court of Apgenl_ at presont it several years under serious consideration. & was unsatisfactory, and it seemed to him Division Courts, he showed, only dealt with 3 thatit would be more advisable to establish emall sums, and there were grave doubts as ~ an mde&ndent Court of Appeal. He sug-- to whethor they should allow the law pro-- < gested that this new Uourt of Exchequer viding for. the collection of sums which 3 sbould be formed, and that the chief judges came within the jurisdiction of Division of the four courts together with auy retired Courts, to remain on the Statute Book. What judges of those courts, or one or two new then would become of the proposition of 3 gxdges sbhould corstitute the Court of Appaal the honourable member for North Ontario? ~ ut no judge should hear any _ cage He pointed cut that all law reforms wore which had come up from the court brought about step by step, and he thought § in which he had been before engaved. the Attorney--General was grooeeding in J By this means five Judges could sit in the the proper manner, and that they were in a -- g»lrl of Appeal, in order to obviate an equal fair way of having a comprehensive Bill E" Ivision of opinion. He hoped the*Attorney . which would tell them what their mode of General would abandon the clause requiring rocedure was to be, He regarded the Bill | the depositing of the fees before rehearing, geforo the House as a step in the right di. /« | One other cause of this increase was the num-- rection, > __boro!ConntyOourtcue-eutoredutthoAnlza-. &