The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Feb 1880, p. 3

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4 ; R i The Attorney--General--That che would | § an ameadment would be, in nine cab",m't. to--day lntroduge a Bill to secure the due ¢ of ten, to drive defendants io have Elieit consideration of constitutional questions. claims drawn out technically by a: eE CE s Mr, Wood--On Tuesday next, Bill 'to , Mr, FERRIS said he thought it would amend the Municipal Act. * % § § be hardly faicr to place l'lpoub.the phmu:fl' M+. Pardec--.On Tucsday neXLWill More ~4 f e o ons 'While ho Aifendallt | «* That this Houso will resoive itsolf into £ smaliest amount, whgle Jh:ml(llxl:;u(l..u: [n UomititiGeMbLAthe Waple 4o consiier ; "-"Md nossfeugited .10 40 MAYVbL!I s certain proposed resolutions relating to 6; oo . rak ; ; -- railway aid," f f Mr. GIBSON (Hamilton) said that he e I »/ thought some such amendment as this eteeeennaeecaetentatintaaes | -- --| was ueeded. Every defendant shoula ; * have some kind of defence, and why No s § should he not set it out in simple form, + . £x h4 and without the necessity of caliing in a 3 _ ;:! / _ | lawyer ? s C / Mr, MERRICK said the tendency of the & --, amendment would be to do what they 3 $ should try above all things to avoid-- -- 1 1 namely, to increase the expense and com. | / plicate the procedurc, | | Mr. HAYX said his experience of de~ | fendants taught him that if pleadings wore required of them they would not _ F be forthcoming, . Mr, FRENCH suggested that the amend. j ' mont should be so changed as to require f the defendant to make affidavit that he ; had a good defencse, * E Mr, McCRANEY said he repudiated the [ 4 idea of introducing plcadings into the : Division Courts, but he could not see any j y + |V good 'reason why the defendaunt should : : not give some such particulars as those he \ l suggosted. Lo would, however, allow the 3 amendment to étand in the méantimme,. 'The amendment was put and lost, | f Mr. MoCRANEY moved tho following ». . amendment;--That the defendant in his | ' notice of defence shall state the ground on f which he intends to defend the action, but | the judge in his discretion may permit the defendant to set up olher grounds of de-- fence than those contained in his notice of f 2 <defence. , t The amendment was lost. 1 7 I vVr MsCHRANEY moved that the follow. € $i. be sute Gtaicd for Scation 94 ;--That it . € ' & set off proved to the satisfaction of the 4 ' j' judge exceeds the amount shown to be due & to the plaintift, the plaintiff shall be unon-- % suited, or the defendant may elect to have -- * judgment for such excess, provided this A~ t excsss be within the jurisdiction ot the id & Court; but if -- such _ excess _ bo I greater than tho amount within the j % jurisdiction of the Court, the judge may adjudicate that an amount of such © set off equal to the amount shown to be due to the plaintiff shall be ratisfied by such claim, but such adjudication shall be & ' no bar to the plaintift in auy subsequent K. i suit for the rosidue of such claim. '\«\ The amendment was carried. h Dx. |\ _ The Committeo then rose and re.--| ~~~~ | ported. Mr, MOWAT moved the adjournment of W the House, 'The House adjourned at 11:30 p.m. § NOTICES OF MOTION. f Mr. Bell gave notice that on We dnesday f next he would move the following resolu. 6 tion:----"That in the opinion of this * House it is expedient that the Government ' of Ontario take into consideration the ) § question of the location of the Pacific Rail-- f + & way through this Province, in relation to & .« | its effects on the prosperity of the southern £ portion of Ontario, and particularly on its ® towns and cities on Lake Ontario, and if ' ¢ the Government cousider that effect in-- jurious, it take such steps as it may acem | best for preventing the business of the -- country naturally pertaining to the frontier ' towns and cities from being drained off to 1 Montreal and Portland," 3 Mr, f'raser gave notice that he will to-- R { day introduce a Bill to provide for the | | ercction of new buildings for the accom-- | modation of the Provincial Legislature | 4 and the Public Departments. f f Mr, Richardson--That on Wodnesday next he would move for a return showing the sums paid in the several counties and | united counties in Ontario to the County f ' -- Selectors of Jurors for servrices portormed c ' as such between the 10th day of Septem. * ber, 1879, and the 10th day of February, 1880, such return to show how many and P which ot the !er'[eotors acted, and how much ' was paid to each, .

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