The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 17 Jan 1876, p. 2

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® fi:fiodglnx--'l'o authorlza an addition to the capital of the Canada Landed Credit Com-- pany, and for other purposes therein mon« a atage:-- Mr. Ferris--To provide for the paymeont by certain municipalities in the united coun. ties of Northumbsrland and Durham in which certain gravelled roads have been con. structed by the sald united counties of an amourt for the construction of such roads, and to vest the roads in the said munici-- Waterloo, Mr., Ross--To avthorize the county of Huron to issue deventures to redeom thelr outstanding dobmmr which no sink: ing fund has been pro Mr. Baxter--To enable the corporation of the village of Caledonia to issue debentures to redeem those now outstanding, Mr. Patterson (York)--For the relief of the Vaughan Plank Road Company, Mr, Meredith--To amend the Aot to in-- corporate the Yorkville Loop Line Rallway AMOUNTS PAID TO RETURNING. OFFICERS, Mr. FAXTON moved for a return showing the amount pald to each returning--officer and his deputles for their services at the last general and any subsequent elections, Mr, HODGIN3, in moving the sscond reading of the Bill to amond the Adminis: trat!'ta of Justice Acts, said the result of the present law bad been to mix up jury and mon jury cases, so as to detain jurors and witnesses unneccssarify while non--fury casos were bdnfi tried. He proposed to separate fary 'Tase had Cbubsely soike, . oo Soveght jury cases te, e thought an equity judge mvery well try cases where there was no jury, Hoe proposed that a month should elapse batween the com-- mencement of the two sittings, At present the time varled botwsen three and sixtesn days, ard one of the two Courts had to seek accommodation outside of the court--house in these cases, sometimes in the Town Hall, and once, he believed, in Cornwall, in a church, The present time of notlca for trial at common law and hearing in Chanoerz differed, and ho thought it would be advisable to make it uniform --say ten days, the time adopted in England unader the Judicature Act _ In the county of Yoik there woere always from thirty to eighty ro: manets at each Assize, and his Bill propssed to give power to the parties on application Lid e t ons o hh 2. to have their cases trled without delay, He also proposed to give power to the Court of Chancery to decide applications for a now trial, There was at presont a groat waste of judiclal strength Iu the Courts of Comman Law, ard he thought when the ?ueifion did not dasend on a misdireotion of the j1dge, cne judge might decide the mattor alone. It was genecrally found that very little business was done during the first week of term, and he thought the rule which prevalled in the Cours of Chancery, the Court of Appeal, anud the Suprome Court of Canada--that the Court shouald not ad: journ until the business wasthrough--should Mr. i)ooum uniii tho Dusinefs Wasinrouga--BHAVnICG applied to the courts of Common Law. He also proposed that it should be no longer ne-- cessary to bave a re hcaring before an .E; peal, -- There were ssveral other provislons the Bill which he nsed not enter into in de-- tail, and there were other amendments which might well be made, which he had not felt at liberty to introducs. He proposed to give powor to the Licutenant--Governor to direct the advor%h!ng through a:x dopartment without the form of an Order in Counsil. With rcfnd to the provision of the Bill for the employment of shorthand reporters in the law Courts, a Committeo of the Law So-- ciety had made a report which he bellev-- ed was in the hands of most honourable members. It was found that in many of the leading States in the Union the system of shorthand reporting in the law Courts had been in operation for a number of years, and had resulted in reducing very largely the ox-- penses of litigiation, If the judge was a fast writer he might get through hl? care with comparative rapidity, but if he was a slow writer, or new to judicial work, the time ocoupled _ was ver{ much _ longar, and besides he might have difficulty In disposing of questions affecting the admis. sibility or rejection of evideace. In the Unltei States, and to some extont in Eng. land, the system of shorthand reporting of ADMINISTRATION OF JUSTICE, To incorporate the town of the evidence had been tried, the result ba!:fi that the work of the Courts was accomplish in at least one--third of the time requirad by the ordinary plan, thus lessening the expanze | of witnesses and all others whose duty it was to attend the Court, Ho wished4 to ask the lay members of the House if it was not do. sirable to introduce euch & system in Ontarlo when so very material a saving of time and expense could bs effected, to say ro. tl?e of its advantages in enabling thonfudge, jurors, an4 counsel to give greater attoention to the evidence, and to obxerve more closcly the demeanour of the witnesses, He pointed out that tho juadgo in hearing cases had a threefold duty to perform: the ob #erving of the demeanour of the witnesses, the goiting into his mind the substance of their evidencs, and the writing dowa of tha evidence as quickly as he could, This in-- voived a large amount of labour, of which those w ho had acted as arbitrators would bs able to form some ldea, Hoe qaotsd from a lettor written by a_ Chilef Jastlcs In -- one of the Suproms Courts of New York expressing in | strong tezms his appreciation of the valae of short. hand rsporting Jn cconomizing the tims and labour of all concerned in laogal procsedings, and stating that so valuable had the system been found that an Act bad been passed t> authorize the employment of shorthand re-- porters In even magistrates' courts, those held by Justices of the Pease in the city of New York Lord Penzance and one of the Lords of the Session in Scotland bad ex-- pressed their favourahle oninion of the #«» tm, and the exporience of the jadges anu \ coupstl in our Election Courts had confirmedA 1 ruch opinions, With regard to the exfiu atterding the employment of short ad writers, he would point eu} that the revenue from law stamps amounted to between $75,000 and $95,000, and that in colleoting this revenue the membars«a ta0 legal profession had been virtually acting as tax gatherors for the Province, The charg>* conuected with Osgoode Hail, the paymeat of deputy clerks of the Crown, &¢., bai:g de-- ducted, a surplus ci_ from $25,000 to $ 'OLO.O exrpenso CoU thi of i thenfndge. ju attention to would remain, and be thought that this balance should boe applied towards defraying the expenutes connected with the schoma, Mr. BETHUNE objected to the flrg se ticn, u})notloa!ly the judgos now hX the power 0 nranging the cirouits as sought in the Bill, With regard to the jary lists, he thought that the judfi:; should also have the discretion of arrang the matter them:« selves. He alse objected to the lm(goslflon of any further labeur upon the Court of Chancery, which was alroady overburdened with work, no less than 523 cases having been dl:goxed of by thas Court last year. Ia 1869 there had been filed throughout the Province 1, 335 bills in the Court of Caancery, while in 1875, without any increase of jud{-- cial power, the numbsr had risen to 2,071, With re%ard to the clause respectiag Trisity Term, hba (\l.r. "B'e@:hune) mwlo?ld be in favour of 5bolhhinf Trinlty Term altogether;. The matter of employing shorthand writers in the Courts was one of very great importance. His experience in elecstion trials as well ss in the Court of Chancery bad convinced him that such a zystcm would effect a very great saving in time, Ho polnted out the fieadvantages of the presont system to the partles in sgults, as they could not obtain coplies of the jadge's notes unloss at the discretion of the judgeo, and as a maitor of favour, He thought they should be regarded as parts of the evidence in the cavse, and thsrefore as public pro-- perty, and that theroe should bo a provision allowing parties in the suit to have copies, Mr. MEREDITH said that there was no doubt but that the mixing of the jury aud non jury cases was a great loss of time and evergy. -- The provislon by which the Court of Chancery was to have powers of the Courts of Law as to applicatiins for new trial would, he thought, mset with a good deal of objsction from the profession, Hs approved of the cleusa rendering it unnecses-- zary to re-- hear before appoaling, Mr, HARDY said he took objeciion to a Yarge zumber of the provieslons of the Bill. He thought the Acts of 1873 and 1874 hai gone as far in certain directloans as it was do-- girable to go; and he did not approve of an-- cther change being made just when the pro-- f:ssion were becoming famlilar with the two Aots now on the book, Ualess they could improve in a very largo degrse upon the present Acts they should not interfere with them at all. 1t was rathor ro-- dtarkable that in nearly all thess Bills intro-- duced by Chancery lawyers the object was to reform the Common Law,Courts, while the Augean Stables of the Uourt of Chanoery were left uncleansed, Hs was not

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