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Mr. FRENCH moved, " That in the opi this House it is expedient to increase (:;:lem;:rfif- diction of the several County Courts, as follows :-- (1) In actions under see. 19, sub--sec. 1, K.8.09, can 43, to $50) : (2) In actions on contracts under sub-- see. 2. to $1.010 ; (3) In actiors of replevin, under sub--see. 5, to $500 ; and that a Committee 'of this House be appointed to prepare and bring in a Bill accordingly, The mover said, in placing this mo-- tion u'pon the paper, he did not wish to assume any of the responsibility in connection with legis-- lating upon this question. He merely desired to call the attention of the Attorney--General to the q'nestlon of increasing the liurisdiction of the County Courts, which would. in his opinion, result in great benefit to the country. He had not at-- tempted to set out in what respect this should be done.but would ask that a comimittec be appointed toreport upon thosubject in greaterdetail. Me said that the jurisdiction of the Division Courts had been increased, and this had reduced the amount of business done by the County Courts,. 'The re-- tgrns would show that the business in the County Courts had fallen off more than half in the last t!)ree or four years. 'The usefulniess of the County Court judges in many respects was gone, and the judges in the eastern sections of the.country to his knowledge were painstaking and careful, and quite responsible to perform duties outside of their present jurisdiction. He was also of opinion that the judges of the western section. with very few exceptions, possessed great ability. Why should these gentlemen go without occupations while. the Superior, Court Judges have so much work, as was evidenced every day b{ the report of the business done at Osgoode Hall : fHle was satisflied that, with increased juris-- diction in the County Courts, a greater amount of business would be done, and result to the satisfac-- tion of the litigants of the country--whilo the cost of County Court actions was only about half of that in the Superior Courts. He was of the opinion that this would have the sympathy of the House, especially among that class of gentlomen called laymen, and that it was a subject which should be fully discussed and an expression of opinion ob-- taizgied upon it in order that the Government might feel strengthened in adopting such measures as were requisite. This would be increasing the jurisdiction of the County Court in actions under sec. 19, sub--sec, 1, R. 8. 0., u:}». 43, from $200 to ©500, Actions on contracts under sub--sec. 2, from $100 to $1,000, and in actions of replovin under sab-- sec. 5, from $20) to $500. Mr. MOW AT said he had given to this subject his clear and anxious consideration, and the opin-- ion he had formed was that it would not be advis-- able to go further in the direction indicated at the present time. _ 'They had made such changes in the procedure of the courts as to have the term * revolutionary * applied. 'These changes were so important that time should be allowed wherein to have the practice delfinitely settled, _ All sorts of questions upon practice and pleading had arisen, and these could only be settled by actual subsequent decisions. It was of great mo-- ment that there should be uniformity in practiép under the new _ Act, and this proposal would stand in the way. I( they took away from the Superior Courts a large part of their business, then the decisions regarding prac-- tice would constantly be called for in the County Courts, and these wonld not be so authoritatively received as if given in the Supcrior Courts, It was impossible to frame any system by which these matters could be settled otherwise than at the cost of the clients. should the solicitor adopt a wrong procedure. 'The County ('um't' judges had already ! . t VAE ® t e hy e d o F i great many duties, but the diminution in litiga-- tion was not only true of the County Courts, but of all the Courts except the Division Courts, which had alargely increased jurisdiction. Notwithstand-- ing this dimution the judges of the County Courts have still a large amount of business to do. 'The whole pract}ce under the Judicature Act had to be mastered. Inaddition to that they were in the habit almost every session of imposing new duties upon the County Court judges who complained of it continually. l,'n(le{) all the cireumstances he thought that it would be inexpedient to deal with the matter at present. 'That Legislature had done more in the way of law reform during the past few years than had been done for many previous years, or more than wouid probably be done again. l{Mr. MEREDITIL regretted the refusal of the Attorney--General_to consider the motion, He thought that the Government were taking a stand similar to that taken with reference to the exten: sion of the jurisdiction of the Division Courts, when they were eventually compelled to consider the matter. -- He thought that the extension of the jurisdiction of the Divtsion Courts nad proved eminently satisfastory to the country, and it was a necessary sequence that the jurisdiction of the County Courts should be increased. It seemed to him practically the County Courts had nothing to do. The judges of theso courts had become judges of Division Courts, If the County Courcs were to be retained at all, their jurisdiction ought to be increased as far as proposed in the motion before the House. 'The difticulty of applying the new practice to suits of $20) would not be in-- creased he contended if the sum was $590. He was afraid that the Attorney--General was under the influence of Toronto lawyers in the course he was pursuings 'l'l\g tgwh:\g'[hroug.zl_mut"he::onn- t';-;qv:r'u-s(flulnlhc $ mhnimstfiuipu of justice should be decentralized. and the motion before the House would be a step in that direction, _Mr. FRASER disputed the assertion that de-- centralization would result from the increasing of County '$70}lrt:A:)\ll'r{fl_(kti!lo-l-l_.»_ All prelimin-- N CSc tevs t t o uB7 ary proccedings in suits wers commenced and carried on in the particular county in which the action was brought, and it was not until faalt with the decision of the judge or the verdict was found that the sunt was tiken to a higher court, but it was the same in the supsrior Courts, the proceedings of which could be revised in Toronto. . Ssofaras decentralization was concerned they hbad gone far in that direction,. inasmuch as they now loft to County Court judges a very large measire of administration which they did not before possess, and a large number of eases hitherto brought to Toronto were now dis-- pnsod of in the counties where the action was in-- stituted. All their legislation had been in the same direction,. Iis hon. friend (Mr. Meredith) had asseriod that the County Courts had nothing to do with regard to judr:cial duties, He would point out, however, tiat in the last three months 8 + Mr.FRASER--No, hut it aifects the scale as between the parties. He admitted that the judge within this discrotion {followed some zencral rule, but it was not a cast iron rule,. as heretofore whon a successfnul suilor got the cast--iron amount of costs, notwithstandina the amounat of the verdict. The view taken by the Governinent was that it is premature to disouss the question of extending the jurisdiction of the County Courts, and that sufficient time for seitiing new rules and changes has not yet elapsed: The proper course was to allow the whole matter to stand for further c%fi sideration in the light of their experience ot the system. Cries of " withdraw." A Mr. FRENCH was of opinion that the Judica-- ture Act did not o towards decentralization. It simply threw order into chaos, and this disorderly state of affairs furnished lawyers all the work they had during the past year. (Laughter, and ermiés of "order.") He declined to withdraw his molion. f C Mr. FRASER roplied that the hon. gentloman knew very woell that they could not abolish the General Sessions, and he also knew that there were a great nauny trivial cases which the judge of an Assize Court would not and ougsht not to be asked to adjudicate upon. | Generally, he con-- tinued, litigation in all the Courts had diminished, Even in the Division Courts the number of de-- fended cases was growing less. lHe [ancied that lawyers would like to see matters in this respect return to what they used to be. (haughter.) As 10 the reference made to costs by the member for South Grenville (Mr. French), that hon. genileman forgot that the Jwdicaturse Act entirely changed the question of costs, because the judge had now the discreétion to say whoether the defendant or plaintii®, being unsuccess{al, can claim more or less costs. Mr. MEREDITH--Bat that doss not affect the scale of costs. Mr. DEROCHE thought that hon. gentlemen opposite were trying to make the country believe that the Judicature Act increased the cost of liti-- wution, and the member for south Grenville pro-- bably had this in view more than the interes's of suitors or of the profession, Me saw no incon-- venience from leaving matters as they were. He was of opinion that the J udicature Acttended large-- ly towards decentralization. Theyshouldallow the practice to become thoroughly settled and the effect of the new Act understood clearly before making any further changes. 'They were blamed for --even in the past month--the county judsges naa dutios imposed on thein, they never had before, under the Judicature Act, and would probably have duties still further increased hereafter, All preliminary applications were additional work, for which the judges received no additional recom-- pense. That applied also to all suits in the Queen's Bench and Chancory Divisions. Althougzh it might be assumed that by reason of the in-- ereased jurisdiction of thoe Division Courts the judgos had less work, it was not. so. e had all the work he had before, with this difference, that it was done in the Division Court instead of in the County Court. His hon. friend had suygested the picture of a judge and jury being brought together forthe purposce of doing nothing. -- But he must know t:mrlllw judges were there also as Chais men of the General Sessions, and if County Courts were entivrely abolished the judge would still have to be brouzht there as Chairm in of the Sessions. Mr. MEREDITIT--If the County Courts were abolished those tiencral Sessions cases could be brougzht before the Assizes. ___ _ $ "tinkering " too much with the law, and it was said to be well--nigh impossible to keep informed as to the exact state of the law. 1 The ATTOLLNEY--GENEAL moved in amend-- meut, "That having regard to the changes so lutely made with regard to the procedure of the Courts under the Judicature Act, and to the dis-- cretion given under ut Act to the judges in the matter of costs, and having regard likewise to the fact that the increaséd jurisdiction lately given to the Division Co#ttts has not yet been fully tested, this HMouse considers that it would be premature to decide now whether or not increased jurisdic-- tion should be given to the County Courts." Mr. MERICDITH thought that the result of the increased jurisdiction given to the Division Courts had been fully tested, and if the Attorney-- Giencral haq a personal acquaintance with the facts he would not have made such a statement as he had. _ But he saw traces in the amendment of the hand of the Commissioner of Public Works, hon. leader of the Opposition were made with a view of dirocting the vote on his own side of the House, 1e thoughi that the motion was uncalled for. There had been no agitation for it through-- out the country, It was greatly to the credit of the Government that the Judicature Act did not call forth a batch of amendments at this session of the louse, It show~d how _ carefully that _ measure _ had _ been _ prepared _ and considered. The County Court judgcs had, he thought, as much if not more work than they ever had. 'They all knew that many of the County Court indges were asking for junior jJudges, and if the motion passed, the déemand generally rosisted by the Government for these would be greatly increased. Perhaps, however. the hon. gentleman who made the motion had that in view. (Laughter.) Under the Judicature Act there was an assimilation of jurisdiction, and there might ariso occasion for some amendments to the Act. It would probably become necessary to relieve the Court of Appeal from a danger of boing blocked with the large number of appeals. He could not see, also, why a Judge of Assize could not take ordinury cases in the Chancery Division and dispose of them along with ordinary cases on the non--jury list at the Assize. If that were done, a long step would be taken in doing away with the present distinetion. so_ far from _ the Attorney--General being under _ the influence _ of 'Toronto _ lawyers in declining to adopt the motion, he was sure that if the Attorney--Generel was at all unpopular with members of the profession it was with the Toronto members, owing to tho decentralizing effect of the Judlcatm-'c Act. Mr. MERRICK moved in amendment to the amendment, "That the motion be referred to a n'uci the Attorney--General no doubt had drawn up the amendment under the advice of the Commis-- sloner of-- Public Works and of the Provincial Kecretary. Me regretied that it was likely to be a ]l'.l.l'_l)' \'1_13{'. ist Iie $ L M €1 . Mr. GLBSON thought that the remarks of the