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E eR en en i '-'_ Care enE / " en > °7 , i ~ "-v"_\_;.. 7 # S '..\ e e om 'lv * it 4 # ' e under mortgage. _ Many of the provisions | It was not brought down in the interést of ' of the Bill were taken from a statute that ! Chancery . solicitors, but of the: whole f bad long been in force in the neighbouring country, and he trusted the House would o Republic, but he 'had adapted them to the permit its second reading, and when it machinery of Ontario, It was proposed ' came from the Seiect Committee lie hoped € that mortgaged premises upon which do-- it would be a perfect measure, a# fault had been made might to foreclosed, Mr. DEACON opposed the Bill on the h o and sold atter they had been ad. ground that it was faulty in its wording, ,fi & vertised for twelye wocks successively, and did not provide machinery for its cf. 33 [ after notices had been posted, the registrar fectual administration, He believed it f}> 3 notified, and service made upon all parties would not have thoe effect ot reducing the -- interested. _ The sale might also be post~ | costs of sales .: A oned from time to time by the insertion | in j mad ) 4 i gt an advertisemeunt to that effect in the C Mr. PA.XIO.N fav.ourod the Bill as "?emg 4 ols s is in the direction of reducing the costs of newspaper in which the sale was originally rt d thought i s advertised, Sales were to be conducted by sales under mo g:ge; and thought it should <% the County Court Judge, who was to re-- be read a second time, § - . coup himself for his trouble out of the pro-- The motion to read the Bill a second time ceeds, 'The Bill also provided for the pay-- was lost.on division, the votes being-- as ment of any su{pms after the sale to the $ follows ;-- i parties entitled to it on -- demand. ud ; i 't'he object of the Act was to reduce the c}&:,'&,f@?,'..'?;.,g&m ufi'?:','l'f;u,fiii"hi'{:.,(f,".'.Y;';' 3 expense connected with the toreclosure and & Grant, Harkin, Hunter, Kean, l.ong',' Lyon (Algo. F sale otf mortgaged property. lt was made -- _ ma), "92';'::'"' Mgfi;';fl:'"; Antterson, Pax. ; ; optional to hold sales under the Act, but gg;kgfwm:;'l';;,, * A1hSe vkls Bustsinger, he thonght that the 9fl'ccta would be so " NAays.--Mosers. Ballantyne, Baxter, Boufeld peneficial that the Logislnturlc would soon Clerke I(':veninfiqon), Sreli'ghconi C?Oks'L Descon, J 7 make it compulsory, He had endeavoured Ferris, Fraser, Harcourt, Lanc, Lander, Lyon (Hal. : n to protect as far as possible the rights of f'g'o'z;xf*fi:m'g' Mf,%';,'fi:'.;,':fi'{i',:;g:%g':"ég;"'z' ; & mortgagors, and he thought that his Bil1 Sexton, Sinclair, Springer, Tooley, Watterworth, 3 . compared favourably with the measure in. Widdifield, Williams, Wilson, Wood--33, d troduced by the Hon, Attorney.General, MUNICIPAL LOAN FPUXND, Mr, MOWAT said this Bill Egwould not The House, on motion of Mr, Wood, then | »s have the effect his hon. friend expected, went into Committce of the Whole on the The system of procedure at sales would be following resolution :-- { much better for the mor tgagor and not at Whora, in the unorganized townsthips or narts of f all worse to the mortgagee. Since reading distriote montioned in the schedule apponded to the A * this Bill he had drawn from it a couple ofi | Act Pa8A@d in the forticth ycar of Her Maisty's : clauses for his own Bill on the same sub-- ,',';,'!','éc?,':,g'.';:;';::{:'::";::f":;'.':';"g"fi'i'"';: p ject. 'The expression "Foreciosure sale" ,g:m.q;,gumiog. under the .Municipal Loan Kund i was not strictly in accordance with the "30;;:,:" 5%""{3"{', ;r'm:mpogartly of !I]lendim' blm law, as a foreclosure was not necessarlly under the * Act respecting. Municipat 190n Fund foowed by a sale. His hon. triend's Bill | Debts, and respecting certain payinents to Munici-- provided that the mortgagee's _ inten. f.';i',f},",'i','; :2",:3'{:," m:;'(::xmor :ns%?ru:xfiil n:x'r' tion to _ sell BhOU!d be P ublished for pose, Whetherr'eof t b:omponry o:n I?;lrn"'xmom n{t!:ue. ) twelve weeks in & newspaper that he may consider beneficial to the persons as + in the county in which the land is situate, aforesaid entitled . + This would be a pertectly useless expenée, Mr, MEREDITH took exception to the as it --might be done in a newspaper which wording of the resolution,. 'There was was never seen in the locality of the land nothing whatever in the law to entitle the * to be sold. 'The mortgagor was always Government to set apart a portion of the : perfecily well aware of the intention to Municipal Loan Fund tor the benefit of the sell, for the notice was served on him, Indians, and to enable them to do that, j & There was nothing in the Act providing the Government ought to have asked power 5 | , that the mortgage should go to the judge of the Legislature. He also thought that i ' to hbave the time of sale fixed, leay-- the Government should not expend the R 'ing him, to a ~ large extent, _ the money until the Order in Council had been ; & master ofthe situation. In a later section ratified by the House. T 4 it was said that the judge should be presont Mr. FRASER said that in dealin-- with ' to receive money for the sale. A prudent | the Indians the Government were not -- purchaser did not go to a sale with his | dealing with a class of persons in favour of pockets full of money, but if he were forced | whom it might be insinuated that undue n to buy without examining the title he influences were used, so that the Order in would not be willing to pay more than a Council did not require to be ratified by the | " minimum _ price. _ Irregularities might House. His hon. friend was also mistaken § casily vccur in the forgclosure and sale pro-- ! as to the first objection he had taken, 'The l t cceedings,yet the Bill proviaed that the sale inhabitants of these unorganized districts | might be declared invalid if 1t were after-- | were entitled to the money, and it was wards decided that any of these proceedings ' ! quite clear that both whites and Indians ' | had been _ informal. He pointed out | had a right to the money,. 'The only differ-- (a number of other provisions of the | ence between the manner in which the | | Bill which seemed to him _ faulty, money was proposed to be distributed and * and indicated one or two places in which the ordinary method of cistributing it was he had taken hgnta frpm its provisions to that in this case power was given to expend ¢ improve the Bill which he himseif was !it on temporary improvements, so as to preparing. s | ' meet the necessities of the Indians. Mr. CURLIE in replying stated that in | ; |_ Mr, MEREDITH said his hon. friend 3 many cases Sherifis' sales were advertised | ! misunderstood him. By this motion it was in the most obscure papers in the county, necessary to make a division between the * t aud always in the Ontario (@azette--a paper | Indians and the whites, which could not be | o whicht_!:ll:)l' g:ofiliviz;v::c::':;ry ::d ':' ttt:.'e | | done except by the sanction of the House. 1 B -- cost of the advertig 3 er this | f gae! ¢ s ¥ \ B';ll, it was a mere bayatelle. Unaer the | ' ( ,Ml' FRASER said the Lleutenant-(xoy- | . law as at present the Sheriff served the nioet had now the power to expend this | : mortgagor | with the -- call _ to -- pay money upon permanent improvements f the debt, and at the same time a among the Indians, and the ouly change i bitl of suit in chancery was served upon l contemplated was to make it competent to | 7 ; him, which was corrected by the notice expend it for what were known as temporary * 3 which was necessary to be given under the purposes, ' present Bill, 'There was no difficulty about The resolution was then passed, | 4 :;ceiving cash down Ml 'h_ct"ml:' sl?lles' :?)'f The House then went into Committce ot | ' ere was no reason why it should not be r j R fara'| so with mortgage sales, Aftor the sale was :',haz"wd {l_o_le' and ths following Bills were ' made the judge gives a certificate to the . ngs $4€ i ' purchaser, and the money is paid. | He Mr, Wood--'t'o authorize investments in proceeded to answer further the objections munif:ipal dobegxturcs issued in aid of stone | , , of the Attorney--General. He felt that it and timber drainage. | ' !tbis Bill became law, it would in Mr. Mowat--'To amend the law as to the | k | crease the value of every mortgage Limitation of Actions, | ; held by loan and _ building _ societies, The House adjourned at 10:45. ® It would sare people from paying the large es ¢ costs which they now paid on mul'tgagol CORRECTION,. | suits in Chancery. _ 37% inew of several An error appeared in yesterday's report : ' undefended sujts in which the costs had of the rcmar[;;ps of Mr,n L{on (Alg;ronm)l on j amounted to six, seven, or even nine hun-- the appropriation for Colonization Roads, | | dred dollars. It was to remcdy_thls state He was made to say that 374 miles of | f D4 things that the Bill was introduced, Colonization Roads had been constructed | because he felt the country required it . in Algoma, whereas he had stated that 74 miles had been constructed. -- N C If l