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pay at a certain place, the case might be tried in the division in which that place of payment was situate, subject to a change of venue being made on applica. 'tion of the defendant, and upon his show-- ing that ths case can be more conveni. ently triecd in th e division in which he himself{ resides. Eut by consent of both partics the case might be tried in any division, Where the swit was against a clerk or bailiff the case might be tried in an . adjoining county, as the judge, hay-- ing conifiidence in his, clerk or bauilifi, would not cure to sit upon _ any case in which either was the defendant. In cases involving claims for more than $100, the judge might in his discretion Uireei a tee of $5, or not in any case more than $10, to be paid to the attorney of the successiul party, _ 'The legal practitioners througnhout the Province would not con. Sider this any fee at all, particularly where it was a large case occupying all day ; but the Government had thought itadvisable to make this provision, with a view of keeping the expenses of these suits at as lJow a poinrt as possible. It was argued by some that no provision should be made for pay-- ment of a fee to an attorney, as it would destroy the distinctive character of the Court, -- But the Government believed that it would rather tend to maintain this character, particularly in cases where it appeared that there was no reasonable de-- fence, In cases where the claim exceed-- ed $100 an appeal would lie, but it would be touud in practice that such appeals would begvery few in niuumber, Upon a cer-- tilied copy of the cvidence being filed beifore the Court of Appeal the trial ou appeal would be held betore one judge of the Court of Appeal, who would sit weekly, and the total amount of costs, excluding actual disbursements, was not to ecxceed $15, 'This would prevent at-- torneys trom advising appeais simply to make costs, It was just as well not to make the appeals simple, as they would encourage suitors to appeal., 'The Lill provided also for the duties, powers, etc , of the Inspector of Division Courts, 'This oflicer had been appoiuted under John Bbandficld Macdonald, and he was to be regarded as a useful and necessary officer. There were in each county from four to bwelve clerks appointed ; and it had been thought while the oflicers underthe judges of the Court of Appeal were appointed by the Government, that there was no reason why the appointient ot the various clerks and bailifls in towns, cities, and villages should not be vested in the Lisutonant. Governor. '"he appointments would then be made by a Government respousi-- ble to this House and to the people, It might be asked, why not extend the power to the oflicers in the rural districts ? But it was thought that in outlying districts _ less _ accessible to the Government it would be well to leave the appointment in the hands of the judges. Section 31 and subsequent sections proposed to make certain changes IAn the jury laws of Division Courts. 1t was not proposecd to do away with juries in these Courts, but to provide that those who were callea on these juries from year &o year should receive reasonable remu. nmeration for their services, It was pro. ¥ided that each juror should receive one dollar per day, It was proposed to establish a jury fund by imposing a tax Fourth Parliams ONTARIO LEGISLATURE, ant--First Sosii V'I'onux'ro, Feb. 10. "ON» Mi., FERRIS would like to see a wider jurisdiction of the Court provided in the Bill, He was opposed to the fixing of a fce, ard would spprove of leaving it to litigants to employ an attorney or not as they chose. Me favoured the proposition to vest the appoifhtment of officers in the Government, Sometimes it was found that the county judges failed in making as good appointments as should have been expected, and they were oiten hampered by political and other considerations in making these appointments, 'The whole scope of the Bill was in the right direction, but he thought there were some of its provisions which might beimproved. Some provision should be made ensuring suitable Mr. MEREDITH said that the manner in which their large business had been conducted by the Division Courts was the best answer to any objection to the exten. sgion of their jurisdiction, _ (Cheers.) There was no doubt public opiuion had been strongly in fjavour ot the extension of this jurisdiction, lie regretted tha't the exlension proposed by the Govern. ment was but a trifling one, He saw no reason why oruainary accounts up to $200 sbhould not be examined in the Divia gion Court, and he trusted that be-- fore this Bill passed the House it would be amended so as to rurther extend its provisions. _ He strongly opposed the change allowing the collection of legal costs by the successtul party, 'Whe effect would be to crowd the Court with attor. meys on both sides, and so change the present character oft the Court, It the provisions with regard to appeal were not extendcd they might as well be leit out. The appeal should be to a single judge of Queen's Bench or Common Pleas, He ad. vocated the introduction of a clauge pro-- viding that no appeal should lie uniess the parties had given notice before the cuso was heard oft their intention to appeal. _ This would obviate the troubple and delay of taking the evidence in cases where it was not necessary, The Opposition had session after ses-- sion protested against the continuance of an lnspector of Division Courts, When he was appointed, cullections of costs were made by law stamps, and now since the avolition of that system the office of lnuspector might be done away with, 'The change in ths system of appointment of clerks and bailiffs was entirely unneces. sary, . 'The fees would be no less than under the present system ; but perhaps the Provincial Secretary meaut to say that as the ecmoluments were large the Govern-- ment should have the division ot the patronage, (Opposition cheers.) 1t was all very well to talk about Government responsbiility, The change meant simply that the power of appointment should be taken from gentlemen who would make it on fair grounds and put into the hands of gentlemen who, it was not untair to say, would be actuated by considera. tious of political favouritism. The poliey of the Government had been throughout to centralize power in their own bands, 'The whole ;system 208 patronage in this country was a vicious one and debasing to the politicians, 'This Bill, as introduced, would make a litigant w«ho did not care to have his case tried by a jury pay the costs of those who aid, He trusted that ' the Bilt would not pass until some of the 1 atmendments he lhad suggested had been | made. (Opposition cheets.) | on all suite coming up for trial. By fix. ing a tax of say five cents on all cases in-- volving sums between $20 aud $60 ; on gsums from $60 to $100, ten cents ; and on all sums over $100, twenty--kve cents, by (this means a jury fund would be formed of about $3.500, While it it might be fairly -- conceded that better justice could be obtained in County Courts than in Division Courts, ncvertheless thore were other advantages in councee. tion with the latter--such as speedy jusiice, less distance to travel, and leas expense--which masus thom essentially a poor man's Court, ~While, by the regula. tion ircreasing the jurisdiction to $200, the ola functions of the Division Courts would be to a very large extent changed, the new Act provided that the new class of cases admitted should not be taken up until the others were aqisposed otf. He thought the Bill would amply widen the jurisdiction of these Courts, and yet not eflect too radical a change.