The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 12 Feb 1878, p. 2

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2 L L OO -- W » " P 3 ' e 8 e oys gyy> $} '. ht § 4 f FS) BA o J s | thought the statutes should be left uncon-- | ce o n amg beresuins uen oo ces cu o. :2 C ' &::11'::% ::t :;l(} the errors might be discovered ONTARIO LEG'SLATURE. : Mr. HODGINS pointed out that some ; mi,: + + 's difficulties might occur in consequence of Third Parliament--Third Sesgion, an -- alteration in the phrascology of & | the statutes in the revised statutes 'A w TEADRAq! | \ He mentioned a couple ot alterationsot, TRE MAGISTRACY. ' | this kind relating to the administration of Mr. MOWAT moved the second reading : the oath to vaters, and to the f}ct respect-- | of the Bill respecting the magistracy. He itgg thfitj';::)f';:_':st':'"t']'fté)";'l':';':" i(é?tlir;::ltultzz | !'m"'lt the "tIIOSt impo(xl'uu':t princi]plchcontaine(i 8 ou iver, thi pvise d ® in it was the gsecond clause, which removed woul%l be found to be most valuable, and from the magistrate the liability )\fur the learned. Commissioners .dcso'rvcd fhe civil prosecutions for anything done by him thanks of the country for their painstaking in good faith under the 'supposed authority work. of statutes passed either by the Ontario or Mr. MOWAT said that $2,000 was the the Dominion Parliament, and which might 4 statutory salary of the Inspector of Prisons, afterwards turn out to be beyond the juris-- _ but that did not prevent the Government diction of the legislative body which passed ' paying him an additional amount, The them. 'The presont rule, subjecting magis-- t other points mentioned had been before the * trates to that liability, he considered 3 Commissioners, and very fully discussed, was unreasonable. _ Another section of & He did not think the confirmation of the * the _ Bill, which provided _ for the y statutes should betaid over for another year, * temporary _ appointment of a _ police p as it was excecdingly desirable that they magistrate for a county or & p?)rtion' 'ff should be at ounce made the law of the of a county, was rendered necessary from the ; f land . difficultics which arose in making prosccu-' f The Bill was then read the second time, ' tions under the liquor law of the Province, ' Yel i h arith in consequence of the sympathies or pre-- } | PRESERVATION OF FORESTS,. | judices of justices of the peace and for other | Mr. PARDEE moved the second reading | reasons. A great deal of dissatisfaction had f ! of the Bill to preserve forests from destruc-- been created throughout the Province on f | tion by fire. this n,i_connt, and he;i'oul(il' 1llluulll: oft;l:r})ettlte: . | _ Mr. MILLER suggested that the prohibi-- en rnecmenh" _ 1t ho s eb dine i ' tory season during which fires could not be {' 'O"d_"d ll? the I"".' ltfl'waa' %Ot I:mp;'i'"d » t be extended to the Ist November o make thein salaried officers, but to allow set ou s igt 4 them the same fees as other magistrates and also that farmers who intended to set T & i mJ out fires should notify licensees of such and to confer 0"'""'"_1 the same powcrs 14 intention. E_J:,\Huc _umglstrmcs in C.l'hes and tmv.ns. » Mr. PARDEE would be glad to make any ' "l'nlll[?eril(')i'" fl('.rotll;:: p;:')'}r:(:id fi:lz m;;:;:f woper amendments to the Bill in Commit-- i netinag C hat P i bo7 tee of the Whole. . He had fixed the dates of J(')'f:'c}." °f,.'l"" uce for CTels fl"":;'iyu'l'; the close sceason on information which he l i"' mm., withon ."l") fgomn1}5b1(')11,da'}t te had received from many persons with whom fith section provided 195 5 Rese n sneus. | he had conversed. It farmers were ex. fon_n of oath than that at present in vogue, | pected to uotify some officer of their w:lucl) was the same as the oath used in | intention to set out fires, he thought th® _England, & ; | Bill would become a dead letter in that re-- Mr, CAMERON--Are judges of County | , spect. It was an experiment to a large Courts made ez offcio justices of the peace ? | | extent, but he thought it would ultimately ® Mr. MOWAT--They are by the Bill. | | do good. o Mr. BETHUNE thought magistrates were | , Mr. DAWSON was in favour of the Bill, entitled to protection from prosecution in | & believing it would do a great deal of 'good. doing their duty, and he suggested a slight ' : Many fires bad occurred in consequence of change in that portion of the Bill dealing the careieesuess of officers employed in sur-- with this subject. SBometimes people were veying. # compelled to travel many miles to get a Mr. MACDOUGALL (Simcoe) thofight | police magistrate to try a case, simply the passage of this Bill would be like luok-- because the magistrate in their locality | i!tlgl the stable acor after the horses were would not, through fear of prosecution, take J stolen. It was intended to prevont the up the case,. destruction of timber after gromk quantities | _ RMr. LAUDER felt strong objec-- r | A A & ajac gfl::i:'d l;ee';l destroyed, Much of the, | tion to the Bill, which he_ thought 3 dde f, °u "l'PCv"v o?' b;l'lezed, u;"" | would not be satisfactory to the magis-- A at onceu ¥ inpt:) 1C3 id lell' l:i'o 5% f"s | tracy, _ He was opposed to it because t «!y portion of 'th wi "{' 'od °°H"° | it did not require a magistrate to be resi-- 7 f TOOkGe for --F60d T ::lltswl?swcv"'f(; thc | dent in the county for which he was ap-- f enactment gx uwcmpu'ur(e) }fnr?i.;:uliarr';y i: pointed, and did not impose the property respect to the moral effoct of it, and he ns ; y 3 thought the Commissioner of Crown Lands After some remaiks from Mr. Deroche <a i was deserving of thanks for having brought | and Mr, Patterson (Kesex), > ; it forward. He thought there should be | Mr. DAWSON suggested that provision < more minute regulations than the Bill pro-- | should be made for each magistrate having a vided for its enforcement. a regular constable to arrest disorderly 4 Mr. PAXTON said that so far as the Bill per 8016 vfent it was a good one, but it might go a Mr., CLARKE (Norfolk) was inclined to . o i;ttte further n(!lnd protect much of the timber think the Bill would lessen the power of w3 1at was now destroyed. Lumbermen were local magistrates, _ If any of them were | ~ accustomed to go through the woods and afraid or neglected to do their duty in rela-- | : (S]till:fittit';eal:je(;tttlljmb:r, ulrt:wm,fguthto finfcrfio'r tllon t% lir}:lm; ln(\;: prpsecjutiuns, he thought 6. , 8, e result was that fire fol-- iey should be dismissed. & lowed him and destroyed what he left. _ If li being six O-Clzl::flcw Spauker Ioft the M the timber were divided into different cuar.. * PDSOYEL 16A S qualities according to its value, large quan-- E E) tities of it might be saved. * Aiter recess, \ "The Bill was read the second time. Mr. CL'}RK'E resuwned his remarks upon y [The remainder of this report is held over I;I.r. Mowat's Bill. 11:,- contonded that resi-- 4 for want of space.] dent magistrates who tried cases summ_anl) « | 1 | should be allowed to collect the ordinary i t | en arnnmmemmnnmmmenernenmmenmemmmmmma en | foes, He entirely disay proved of the system 4 of appointing other omicers over the magis-- 0 tracy. -- He thought it was derogatory to the d honour which should attach to the magis-- tracy as & body. _ Mo protesied against the | | f | proposal as an injustice,. _ He referred to | the late cases of violarion of the liquor law = s |\ in Grey, and said if there were any reflec-- | tions to be cast upon th» magistracy of that | county, the same coulu u0t be said of those ; | in his county, R é '

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