The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 20 Jan 1880, p. 1

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e t But he thought tne time had now come when it is * ' would be oxpedient to consolidate the Courts and ONTAR' O LEG' SLATU R E. establish a uniform system of pleading and prac-- tice. Mitherto our Law and Kquity Courts had mm mromefpmeee m memmene each a diiferent mode of procedure, O ber coun«» . 6 & tries found no difficulty in !mviuf ono procedure Fourth Parliam»at--First Session. for both, and what had been doue in England was : to select the best features of both systems and fuse Smevedeenii¢ffgtencaceurmse tha:o into one, with ((l:umi&ilelrukb'.ohiz::provemonta on h cither, 1e ventured to think that our experience LeqisnfYs ,M'"""" in this country would euable us to still Toronto, Jan . 20. further improve the English «ystem. . Mo believed The Speakor took the chair at three o'clock. no one had claimed that l'xm. moasurf would not & work advantageously to the suitor, t was so ex-- PETITIONS. tremely simpllc:, nm} fliee {rom tcchn'io.sli'tioa,-which T1 4 s e ThA were always the pitfalls of suitors, that it was said teifoilowing politions wu"o proso'nmd . to be embarrassing to those accustomod to the old d'By Mr. Baxter--From the County Council of Hal-- system. -- By making our laws correspond with those """l"- for aid to persons who may engage in in England we gave our suitors the advantage of manufacturing beet root sugaFr . English decisions. Everybody felt that the ling-- By Mr. Bell--For certain amendments to the Mu-- lish system must vltimately be introduced into this nicipal Aot. couniry, amll. the only queltlo; was whjwth:r By Mr. Bonficld-- i the time for doing so ha yot -- arrived, Bon,fn', for gi.%.&fii'.fi,'.fi%?'."{.flfl::;s:;:': * The great change cffected in Eogland was a fusion in that Riding, of the Courts of Law and Equity, and under the rre- .. Also----From 4 s sent Bili all jadges would haveo vowers of both law Sn Adt 10 inoutpofure hw""""flo" and others, for and cauity. The most claborate portion of the Bill way tom 'wco""""' the Uobden and Opeougo Raii-- was that rolating to the uniform system of ploading Te 5 and practice, It had been found inexpediont to By Mr. Lyon'-- From cortain freeholders and have castaron rules in these mattors, and much householders in the townships of McKeliar, Nec-- had been dono to give the judges power to supply bing, and islands one and two, Kaministiquia omissions and make corrections. It was propos-- River, for separation trom the muuicipality of Shu-- ed that the judges should have the same powers of niah , making ralos of Court from timeo to time now pos-- By Mr. Widdificld--From certain ratepayoers of sessed by the linglish jpudges. At first there had the riding of Norith York, for soparation from the been gront unwulinznon on the part of presont county of York,. the judgos in England to work the new Acta By Mr. Awrey--From W. F. Orr and othors, for but duch a fecling had passed away, and he believo the incorporation of tho * Flos Lumber Com-- would not exist here at all. pany,." Mr. MEREDITH thought the country was some-- By Mr. Chisholm--From the Provisional Coun-- what taken by surprise by the introduction of this cil of the County of Dufferin, for an extonsion of Bill at this time. Mr. Macdougall when a member | their powers. of this House :'nud frcql';'ntly cnllodTlttemion to {| ___By Mr. Hunter--From th the necessity of some such measure. The Attorney-- Wo{lingzon Railway Co., for" 03:::51":'"&""'":"'" 5 f General had always opposed it, holding that the to their Act of Incorporation nte Administration of Justice Act would cover all the By Mr. Laidlaw--F e o * reforms needed, and had expressed his belief that Guelph, for power 'u-".'omd the Corporation of the Engiish Judicature Act woeuld not work so satis-- B M' ns J e ue deobenturos. factorily as was expected. He believed that the io {h r. Parleo--From Jamos King and others, prosent moasure should not be regulariy discussed B:il 0 lngorponnon of the Saruia and Petrolia uatil it had been more generally considered by the w w: Co. p!::ople, as no doubt in such a voluminous measure y Mr. Rosevear--From Fredorlck T there were many points which could be improved b and others, opposing cortain ',"of,d,f,c,"'ha";m::: the additional inteiligence which would be brongh{ Act incorporating the Midland Railway Co. s imig in ts ::'.fl'"-?'l':mh"rel. however, one or two By Mr. Striker--EF a . s points in the Bill with which lhe was not in accord. fray Co. fmnker --From the lfnnce Edward Rail-- Me did not heli¢gyg that for merely historic or senti-- » certain ameondments to their chartor. T j '] + By Mr. Neel # mental reasons the names of the old Courts should : Tho' 'r.cxheo_on --From the churchwardens of St. | be retained, as to suitors particularly the namos | dob::.t:x".uth' St. Catharines, for power to issue would in all probability be anything but pleasant. ' . Th&lylwm of numbering the Courts now in vogue dr':' Mr. Merrick (for Mr. Scott)--From St. An-- in New York was, ho belicyed, a better ons. The | drow's Church, Petorboro', for amondmcuts to the exciusive Jarigdiction of the Court of Chancery in | | Peterboro' Protestant Poor Trust Act. some maticrs was also retained. _ Everybody must Byth. Caldwell--From fescholders of Dram l::o l:: :'l'fl':r (:Ln:unfion (t);' i ue g"m"' o ¥o whig mond 'Tewnt & | means is the fusion obtained wou!l an. ewuship, opposing m ceriain bonuse by-- | oue in rame, d be only Nr, MOWAT replicd that ho quito FIRST READJINGS. ' v'vhov:lthc Adminristration of Justi?:e lAct l:i':l];:,c;tf;l. s | dned qgenti¢emen opporite -- advocat 1j 'hrl::":'-"lil;::n_g Bills were introducod and read , similar reasons to that just n.'g',-d(f("' ed. delay,for | Mr. MEREDITH-- P c':l'(:h enal:'l)o th'o.truneu of St. Andrew's Church, ; Mr :VIUWATH\I:V vo:ed"!horotha; 94 atham, to raiso $10,000, 1 Mervidlh Aw--» i10n. _ frien x i _ Bit, ROVINSOHRL $10,000, and for other purposes | | :xguhtl, g})ha;t time. l' hope _ he ::: gitlx:)t: | equa od sense on this occasi C(;rll?p:xl:;on\']o:"l.y::e Bault Sto. Mario Railway ' The Administration ofJuutif-(«)s"f\d:t'o:ud(el.:n:ltfi-l:;:{) mree AqpUT'e | portant changes than shose mvolved in the it Relpoctmf the Sisters of St. Joseph of the Ro-- | Bill.. It took the first step towards tlx(:l'}lf'nri%.l;v:;'i' man Catholic diocese of Hamilton--Mr. Gibson, ;',bfl(;"u"(,l"b :' h:' ."'3"' introducing a system which To a 5 # ad. ever been trie nor hear ; | mend the Municipal Act--Mr. Springor. radical changes as this Binl d'i(d, dhcu\';'ofill?lk:;?:;gz | CO--OPERATIVE ASSOCIATIONS reason for delay, but the system to be introduced The H * had had the discussion and tr:al in England of tho rell .;_mw went into Committee on the Bill for which he had spokes, But in the discussion ref 0 in 0 on Cont, COvopgrative associations, Mr. Baxter red to, his hou. friond would not find that either he | 1air, 'The Bill was reported without or his colleagues contomplated the maint ts of | amoadment. two systems of pleading and practios Nfilcel:l:&ul'si:f; ' that it would itte i THE JUDICATURE BILL. T faily, and dot thet fumionbe workad nurby ths | | --Mr. MOWAT, on risin old system, with which both 1 0y the | 5 t i1 awyers a | xd D9 theontint oo more M ttoond woee famillar. . Onn of the Atave oWocuious o the | . auy iscussion on thi i gland was that it was carried out be in regard to i MB 1 would new and strange imachi en unc to _ detail d. th F DC rinery, Me was eurprised could, therefore, bo , SlallA _ &n thare at the objection taken by hi pri8c Tafing ts -- sgoond ren?l' object in further de-- to the retaining of the ol{l ,:" hon. friend woula give the House unn ;n?. In Committee he Courts. He would not allow smm::ne. of _ these | C A C t to weigh on the Farious einusey of t'h'.\nn)'rm'"on they desired a matter of this' kind, yet 1 f n gh in C l1--how far they cor-- i , yet he would advocate th responded with the En y iey cor retention of old build . r glsh Jud ulldings evon af ' fovane the dintrte 1w wone ts t o Te ooo t i9 lngroly, niaioncal semeine e Bill was t i s o ughter, 'his w i e Tvs' on the contrary, the l':'":'ll?ul'l":a';.:::gke'o';'e trl'll\:lgl;i I and therefore it was not a m:z'::ruo;o:(l:cn:ltnou. frigk | P ol ie _with what hai been on trial flo it n 80""&""'""" misappreherdsd some :l'"p"'e soveral years in England, during which time whatt it,. In los ohbjection to the jurisdiction gl_:sluotul d ever had been discovcred to stand in the way of its Court of Chancery the leader of the Ul'po-itg!l 0 the ;moot?. working had been romoved by legislation somewhat astray. This jurisdiction was not i lt:n ded uol lie® o5 2 pu y and byjudicial decisions Consi~ vonrenignes in rre uateyrag oof h it a ml:l&';tr'e': a elay still existed in the trial of suits i i in the carrying out of t1 T hh retlh England owing to (nenflint rint of suits in cers of the Common 1 f the Act. Theoth-- ovil which '"3 llmual?l ;2:"25{0?:"&2 c);ll('l&i;_s-fuu to the practice in the :J't','w(;'ol'!';?lsti:())gg: "'fcc""')mm llev_cral'yoau, and which could be removui l:" | loss at first inconducting such procaedl.':,l""hnt at a ogislation when it did arise., Before the Engli '|Y porary jurisdiction was therefore %s, and tem-- &"' became law their provisions had been yery Chancery Court, which, however, mi v'}{.}.'t(:tl y oroughly discussed. 'The subject had been r:Y too, at the discrotioun of the J'llfl ,': o changed fenodny referred to in Mer Majesty's lpcwth; deemed that it would be to the mf,',f. t whon they rom the throne, and in 1807 a Commssion of ver ple to do so. est of the peo-- I a ..o !ntl)n was appointod to consider the subject 'l"hfl Mr, MORRIS seid that this Ri I Uidomerets in ime ul (n e Men book placs ahior anly roster tay, Mtd 10 Tnt me n uia! distribated | B 0 jouad in the report'of t y h n had been gi Ow no intima-- | fifi?hl:;'s;::lud |ulb6£b).l When bxt'",:rccthz-ufi::::l:'l:: :'."'""{Q WOuld" 'I'Jecnil::tg::;nfz::io el?;:uoul Mess .n.(:;:Al' f i vyery ably and thoroughly discusse ime should have be > ho thought 1 and not only in the House; but i ghly discussed, send ¢ en givon to th that Ave m ut in the 'vi w md the Bill t i to the mem ;OCIt(;:.les, in tho public jn'u,,mh'l ml::I "(':fiz'vlvflhl:: newspapers to m:ko"gllt.:.l: constituents and bt:r.":g | ;&!uta' l?ruhahly no measure was placed on tho aleaning towords the fl::,lnmmaries of it. Me had ate Lbook after a largor amount of able the purpose of rai i0n, and did not sperk . cussion than thr Judicature Act (,; l;',';b dis« of the Bil} bus.ll,'emgg objections to the prg.v:.i e ?l"ll;'"':l'::""-o" :h:t Awo had _ the T udvunutio loli' | P_ldlsodithro"gh the .:::o':fl";e:;','n though it woel:g atiure et of 1875, whic! nfed 1 sideration it i 1 "Cading now, ::'l:kinfl;u::u-r vart of the pretious 11il u::tf','.t,.fl, | boneg, "" O it in Committee should 'l:::'p'i)o'l:~ i everal amendments and additi , bokrde M ue w* ggrt::;us of the English Ju iicature .\ctln ffl'l'::ghl;.;(':ge | o.":h(:l:gflgigr.');v uphcld theso views, | W hici w':']'l':dc::ll.;m;m'.v wl.-mll provisions with bost to unul;'n(:u:;;':t?(lv':o ',°:t0rd:|.v. had d;)llf: :3: i p 0 not! o do k rp iWP t s visions, t diniouley in Enitiand tas to provi 0e a satisfaciory foolbathoine ,(Cbrere and ieugmer ) art vide | & Jourt. T pr * y i o 4 C fulfilied th t,"f" ',"m ""'"'_"t Lords had lon hands of the jud shis Dill had been put iu':u ns | T that function, and clung to its an CE the House i gos and of the legal 0 the | raDie 205F pnnniderable tenacity, The Cldine sumed, that the Courts 402 \E® prie Snb ukes sof | neths 9 i5 ons mtlantion Mod, beow endripated nvords ent she opartenore etab foned ho wtine: | ;om'o gentlemeon tll::-r(;xt J:iu?l'wslfl' o:' (1)8:3' and h.: nO'Jling to do buat &e:;a;ll'('lml::izopoof oum.le;. | urther. | What was done t p 10w go no Ir. MILLER th r, been admitted on all hands ";c{:eh:d';olrm belioved, bors of the House :);'f':lvt}tq not fair to the lay mem-- | form in regard to our system of lo lY great re-- this Bill 'The lay memt t0m no time to conside ! gal proceduro . a legal opinion as to f:: ;'ri:':tinot be able togiy; | were not able to take a 'rovisious, but if they | cominon--sonss view of 1;{ '

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