The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Feb 1880, p. 2

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n'" \m, . . F as}, T, .-",', 3': -. 3,; ' .Kr.' . ", l' _ I . '," I , t" l was thrown are?!" g"dtllog, for {or for the maintenance bl the Court House. _ .' I: ' .. prisonment soul on r a . p I" . on drnent was ado f 'la. l I the debtor admitted his dishonesty out ot 1?,te."e, Y l pttrd. . "., 2-,, 1,. 1 his own mouth. He thought It was do-. MF. HARD B " prtyyyt"i.tutit.eety1 -" _ "IO. 'Bill strable that there should be some means at meat providing that nothing In thus Atm . P" " if" reaching the man who was deliberately 2,t11ttt,"f "I: provisions of the Ontario . "/ "r')/",, dishonest. Act re sting to tsiprorentont for debt. "d le' . Mr. MEREDITH pointed out that Mr. , n" "Mam"? w" adopted. t . Blake, when in this Home, had taken i Mr. iiABDY said it had been represent. , the very ground which the member "to him that there were cases where the a for North Essex was nth mutt-4. 7 baiuOry In the habit of taking a fee or I -. ue (Mr. Men-duh) did not tmtim-t- .t we; lt commission for the collection of debts , correct principle at law In tubs n: 'l min» _ over and above that to which he was en. l , simply to hold it in In" t. m ' .~ I " t.r titled, and in such cases the creditor who I ' to make them pay their drh 8. The with pay. th tee gets blade-ht collected promptly, , ciple of the present law was not to im- attd ttyt. man who does not pay does l c, prison men for debt, but to punish them not get it. Cases were mentioned where it '; be imprisonment Wlteis fraud was proved. was alleged that the system was deliberate. 3 He thought that the right to htocnJory 1y practised, and where no man whol , I ip such cases, which was omitted from the retused to pay a certain tee could get his l I l present Act, should be given to such corlectton made. Ire proposed to intro.' " t debtors, as in other criminal cases. '.iu.te a clause. providing tut no clerk or 1 I l l s.-, Mr. FRASER pointed out that in many lmiltif shall directly or indirectly receive ' , . cases coming before Police Magistrates or. charge any ly other than those "-0,: , tttege Omciais had power to send men to . v.idttd. ttt tho tariff of less Under the Diri. l , ' prison for lengthy periods without giving Mon 1Jottrt Act. l I, the ttttad the right of electing to be The climate was adopted. l l . , rtea. . yajttry. To incorporate such It Mr. HARDY to is grovttgton in the law as had been suggested prowling that d)Q"i,1t',t'l $113333); , , e . . I e e alter 'til,'ieb,e,'o2iUt.,or1t"c'tti,ti'lid', t2Qdtt1,Ylrl', a '".rtim' inlormtng the I, ll Court. 'egtlff2,tl,l"Td'2"'u,"l 1,'tit,t I,", appli- t - H . c n e t . " Mr. .WHI'IE end that, aside from the of trial that application ','lllyi',, 2deg', i i , provision with regard to debtors guilty of , such change within eight days after the I ii ,, "Mid there was a clause which emptmer- service of the summons when the service ' ©l '. ed the Judge to order a man to be impri- , is required to be made within twelve days It . soned for that. i before the return, and that such applica- , li, Mr. 311091511 did not think that any I tton must be made within ten days when E substantial injustice would b' done tol the "r'ice is teguired to be made within . debtors by allowing the law to stand as it l titteen days or more, tt ' m", for the power ot imprisonment was The clause was adopted . - only exercised against those who could tht section 2 . . i, pay but would not. The judge would M F P. ' . _ _ protect the honest debtor, \/ ba'ctri. 'due/Ag/li',',?,"), an amendment I . _ T 'r Mr. PAX'l'ON thought the amendment tohthe ff ll'; .t!.rli,t? fouttr.tcourut Aot, , I would perhaps meet the case. He had no bo on," at cases involving amounts I It: sympathy with a class of debtors who ton: mic hpresent ...lyit.1"1iy? of the . I I ll e', . Vere well able to pay their debts, (tom, b 5, 'l' tried m the. Division t: E ii A»??? a but he was in favour ot screening " y utun consent of I)ttrtt08. T ' I l f t the poor debtors, who after having Mr. HARDY "if! that the GOVOFH- "1 't " r l 'tttl over all their property were still mom had fully eomsidered this matter, and i ' _ if?" l, 'tt to 1" pursued and imprisoned. t,'Sf',1'yt :0 tn: conclusion that they rs ' , It , r. MoMAIION said the present Act i no l cane astcp untilthey had "i, "a . .3 T ', was framed to meet a certain class who i it,'se.g,oLii1/o1,'1/,1rl'2't't of fusing the l i I 3 l would not pay their debts, and if it was {'1 1 oun , .ourts, l ' " E i, expunged it would have the ,.r~fc" ot allow. a, t On clause 16, proudtng that where in it 1 'FE I fill rr"" ("I' thet magnet free. f 'i,tev"t'lt',1' for my" than two an ar-i _ aih . I a -e . " ' ' '. I IbrtfldH:BI{)Y "ENE" the amendment \ '\ ful pzrty in in: cee/1oJ'"iArhh'ge,"."t,ii, _ 'st? _ LI ll _ t a tame somewhat ditforentlr. jud . w T . . . . r e 'N . ' - . l'l'hcre was no clause in section 182 r _ ce might, m Isis discretion direct a W",':' I a, . . . elat. fee of ,- to b . t . , "vp . a (til, mg directly to imprisonment for debt. ', . ft/l/ft", and /t'gra/rh,1r'/,deite2,otto1t ' . . 5i, Mr. LAUDER. thought it would be the V F sum not exceeding $10, to be term to ton: '., most popular thtng the Government could i ' successful party, and added to the other i t'dtg'."'rperld, abolish this objectionable \ costs. - . _ I e. ere was a strong feeling tn the ,' Mr lt'ltlllltIS tlton rl . , l I j. 'lee" of population that it W" OPPW" '1 s/ to cugrnit on Divisio'itlzjoltllgf t','rgl',dli"r'l,te" l l l . _ . . . " a ' prOVtstott which would not be ene . . I - 1 t Mr. DEBOCHE thought the a m ath accc table. The co to wet f, orally l ' VII tt r p y P p p 0 accustomed , w a for the poor debtor, and not a word to engage lawyers if they chose, and they i" . [ I of? saidabout too poor creditor, who was i worn at liberty to arrange the fees as best ' tho." 2l',t',d, W?!" betas unable to make ther could. "the ice was more than they I ' [ . to e tors pay up. It was the troutalled thought reasonable or more than they Ware 1 ' l, ' ' f1'l2'l,',"'t'l, who deliberately go about to able to pay, they were not bound to en. ' l ' f not their baker, tailor, or butcher out gage professional assistance. The result (. 1 l 'll thetrJnst dues who were clamouring tor would be that instead of "nuairtiue a a _ ' , e repea' ot this clause. lie ventured to Court of the people it would become a i . "r that it was not the poor men, the far. lawyer's Court. The clause would dcstro . ' mer', meetuutits, or those in rural districts the "alpha" of the Court, unit i J F who wtshed tor the change, it _would destroy that irtitsc-plts by . '!, , I 3;, The clause in the Bill was carried which a suitor had the liberty or I ' pfG! . . ' ' . . . I ', i si/r' CLMhi8 For. WAOE8. mama slut: "its: first; i' t, - P' h ' . f . rs o l I , I ' l t? _ K', "by: MEREDITH drew attention to the pay protessiomtl men according to their 5 ' l ' _ 4li'rii s 'lt,',',',',",,,",',",'),',",',',',', reference to appeals in N value. l, i, i I J,' " . c aims or wn es. u ' . P, . . i i 1 l i 1 -J s,') . I: m many instances "ragtime of $013! that . d Mr. 1' FASLRtmd the question was not ' i l j » _ 9&3; , Court was occupied for days i l ounty a lawyer tg question at all. The clause was _ d , ./ri- F .. claim for a trivial sum 'dtihl1r'/dl1fotll only mum" ty apply to trltat Wtt8 "Ned I ' I -. .2. a} A '.. g . . . . n . ' t i . , _' iii -' upon. the county and litigant alike lie an 'f/j/ff/d of jurisdiction, and then only i ' ( ' , .. . was m favour at removing the :Giiir, ti to hat 0 ae.of cases that are actually a gl 3",-» _ ' trom the County Court to "in, D tc. pu brought to. trial before the judge. And q V' m'q Court. lvrsron i "lettlthenult was for the judge to decid.: ' .. ,, _ - . w otter tore were to be r 't . T l ' lr, i r tdir,; HARD! said he would in- l Lawyers did not care ',u,t'd1'lhfr,1di, 1 a U.1.fr, his sin a clause to that effect itt changed in this respect or not, as ther _ , "rrijii/ , . . . would. always get their fees in cases ini ' ' Ficl" , The remntntng clauses of the. Bill were cases m which they were engaged. l . ""yir,p, adopted without amendment. Th0 clause wt" adopted. r. " 'ri'A't Mr. HAP-DY proposed tO'Mld an amend Mr M l ' , ' .5 - . " - . col ANEY - s .,ca' I uncut pro'vrdtng _thttt tlte sittings ot the 1/ section 79 t,' 08 to 1tdo/,"'tset life timfmhd t ' Dieision Court P.igh.t bo heldLin the Court ant shall, with his notice ot 2l,"uedlelfi'lfi ' I" a ' . House, and that in the case of towns and statement setting tetth with reasonable l , _ cities separated ttont "unlit?! the use ot certainty the nature and ground in ' , l , the Court House tor such ttr ose deh, -' . . o m i . . p p 5 should nee he proposes to introduce and t ' l 302:3?Jtint: (an stdsrgtton in settling the which he shall be restricted in the trial 0 I' a . , ' t t . . p I "on r"l'll21"i%"y'l Mr. transmit; and the result of such ' l , t

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