The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 6 Feb 1882, p. 1

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By Mr. Tooley--Of the County Conncil of Mid-- dlesex,. for certain amendmeats to the jury law re-- specting the second sciection. By NMir. Lyon--Of J. H. Parsons and others, of Algoma, for certain amendments to the Act regu-- lating the law of evidence. By Mr. (Gibsoun, of Hamilton--Of the Great Western Railway Company, praying that the Bill respectiny the London and Port Burwell Railway Company may not vass. By Mr. Cook--Of the County Council of Simeoe, for a grant inaid of the Georgian Bay Canal. By Mr. Waters --Of the County Council of Mid-- dilesex, praying for such an amendment to the As-- sessment Act as will make all personal property liable to assessment, instead of being exempt up to one hundred dollars. I' By Nir. Gibson, of iTamilton--Of the Gren%\'\'est- ern Railway Comnuny. nraying that the Bitre-- specting the London Junction Railway Company may not pass. By \Ur. Gibson, of Hamilton--Of the Great Wost-- ern L.ailway Company, praying that the Act re-- specting the Torounto, Hamulton, and Buffailo Rail-- way Company may not pass. «By Hon. Mr. Morris--Of the City Council of To-- ronto. praying for such an anrendment in the Mechanies' hien Act as shall make it meet the The Speaker took the chair at three o'clock. PETITICNS. The following petitions were presented :---- By Mr. Sinclain--Of the trustees of the Elgin College, praying that an Act may pass to incorpo-- rate them under the name of the 'Trustees of the Eigin College. T Mechanics just aemai -- By folk, la w a By Mr. Gibson, c ern Railway Com| spectine the Port I Company may not B,}' Mr. Gibson, . docks :qnl others, amena.rents to th denee respeciing t €OURTH PARLIAMENT--THIRD SsEss10N «aenee respeciiny By Mr. Gibson cil of Hamilton, to the Act respe sloners, By Mr, BHay--O/ respeciing certain last session relat Bruce Railway Cc agreement with 1: pany. By Mr. Cook--O for an amendment the avpoint ment ¢ By Mr. Cook--C for a grant to as across the narro w By Mr. Cook--Of_ the 'I Yrayim: that the Bill to 'enetanguishene may no By Mr. Gibson, of Hamilton--O[ and others. of Hamiiton, praying temperance text--books may be in Common Schools. By Mr. Brereton--Of the Town C Hope, praying that market fees mi ished until tolls on county roads a: with. Ry Mr, Freeman*Of the Town Co Ry Mr, Freeman*Of the eoe, praying th.at the Hili r« and Port Burwoell Railwa; By Mr. Baskerville --Of t tawa, praying that market roads may be abolished. By Mr. Robinson (Kent)-- of Chath&gm and Drescde: Councils of Oil Springs, M and Petrolea, praying that Erie and Huron Railway -- The following Isills were introduced and read a fir:t t.xgxe :--t. * A An Act to incorporate the Med 'r: ('umpu{xy---.\!:: ("m'?.) onte Tram way An Act to amend the Act incor i I\Ii{llal\ld Land ('umlpun,v Mr. Cook. porating: the An Act to amend the Act respecting mortg and the saie of personal property .\lr?.\":li:':\':nges An Act to amend and extend the Act of incor-- poration of the Port Rowan and Lake Shore Rail-- way Company--Mr. Morgan. An Act to amend the Act respecting the election of members of the Legislative Assembly--Mr. Waters. An Act to simplify the practice of conveyanging and amend the law of property--Mr, Mowat. THE MERCER EsSTATE. Mr. LA UDER moved for a roturn showing re: ceipts and expenditure in detail since the date of last return connected with the estate of the late Andrew Miercor, showing also in a soparate ac-- count a deiailed statement of the cost of the build-- ing known as the Andrew Morcer Reformatory. At the time of the deat h of the late Andrew Mer-- cor the value of his estate was placed at about $135.000 in stocks. roal estate, securities, and per-- sonal property. 'This amount was tailen possession of by the Ontario Government, and it might be that they would be required to refund the whole sum expended by them out of this estate, which amounted to $161.030. This expenditure | bhad exceeded the realization out of the estate, or in other words, the Government had trenched on Provincial funds in anticipation of sales of pro-- perty and securities belonzing to the estate. The amount realized so far from the estate had only NTARIO LEGISLATURE. pi M pmyi:lg esSpeCit Mr. Gib Foyeoe (By Our Own Reporters. ) Omn|pAt Mh TA Y of of fHamili of Hamilt« to wan the Village Council of Arthur,. votective clauses in the Act of iz to the Toronto, Grey, and npany, and io confirm a certain »dGtrand Trunk Railway Com-- N t n( N1 amilton--Of (Geoarze Mad-- milton,. praying for certain rexulating the law of evi-- ministration of oaths. milton--Of the City Coun-- v tor certain amendments Boards of Policeo Comumis iy on LEA DINGS. ere introduced and read a amilton--Of W. W. RNoss , praying that scientific may be introduced into 'on m O W Wa! » Tow respec y may the C t fees raying ad lak nuty Council of Simecoe, he buildin@ of a bridge (3) )1 ity Council of Simcoe, inicipalla w respecting on--Of (Ge m. praying lating the 1 stration of nship Council of Tay, corporate the town of TET unily ndin own Council of Sim-- pecting the Brantford lay not pass, > City Council of Ot-- es and tolls on county City Council of anrendment in mauke it meet Moxpay. Fob. 6 ivy Council of ments to the ion. O the GGireat \ the (ireat Wost-- that the Act re-- and Butlalo Rail-- i Oof theo Viitage cebure, Blenkeim. Hill relating to the any may not pass. ie Town CV d of the 0 rat Lh shore ouncil of Port iy not be abol 'c done away liailway uncils Nest-- Nor-- jury been $48,000. and the balance was taken from the Provincial chest, without avoteof the House. There were no votes taken in the fHlouse to expend any maneys on account of the Mercer estate other than ut of the proceeds of the estate, and if it was shown that the Provincial funds hid been paid out on a fund to which it was doubtful if the (,,'ov- ernment had a sound claim, tneir course was certainly deserving of blame. It was doubtful if there was a consiitnoncy in the Province that would support the Government in takingthis money from those who were entitled to it, if the question were subtnitted to them. The course of the Govern-- ment respecting this estate went to show that they regarded it as a pleasant picking for their political friends, for it was found that no less than $14,000 was spent out f it in law costs. It would be disastrous to the Government if it was found that they would ultimately have to ask the House to vote the entire amount of this estateto those who the Courts would decide were entitled to it. On the merits of the question he contended thuat On-- tario had no claim to the estate, and it was a gross act of injustice to take it from the lawful 4P3 ol the ciarmani 10 ht . propCriy. He contended that neither the Dominion nor ths Imperial Governments would have dealt so harsh-- ly with the claimants to an estate as had been done in this case, and the Government would tind that the peopie of the country had more sympathy with the Mercer family than they imagined. Mr. MOW AT said tha made by his hou. fri« and the cireumstances t was to the cil'e anything mor ernment shou best of it to the son t settled upon 1 tional -- sum. heirs. He -- charged the Government with having _ interfered _ with the _ private _ af-- fairs of the claimant to the property. sented no new points. | He (Mr. pressed on several occasions the estate of a person who died lea clhidren, with no other clair to the children. He entirel him in that -- respect -- that be a recognized _ difference of this country as regards legitin mate children. _ It was because that a portion of this property h: public purposes. His hon. frie public sympathy was in favour 0 son of Mercer. if the public i facts there would be nosuch s facts there v had been a nt tion while oc« course tauken ctunstances 0| cuunstances oc the case and the value of the estate. In the present case the estate was a very large one and enabled thein to settle on the illegitimate son of Mr. Mercer a much larzer income than his father had ever heen accustomed to expend. It appeared from the evidence that $1,000 a year was the uimost of the father's expenses during us lifctime, and they bhad settled upon the son and his family a sum excceding that amount. 1t appeared that his father had contemjplated putting hitm in bossession of a farm, and intimated that he did not intend doing anything more for him. lHe had endcavoured to jind®out what the fnther's views were, and the whole of the evidence was to the cilect that he did not contemplate doing anything more than that for him--that the Gov-- ernment should tske the property and make the best of it, 'They had not only secured to the son the farm property, but had aiso settled upon his family a very considerable addi-- tional sum. 'The only ground upon which it could possibly be said a sufticient snm had not been settied upon the son and his family was that everything should go: that no matier what the views of the father were, and if he choose to die without a will, that the whols of the estate should yo to an illegitimate son. -- ie repudiated that as a principle that should be recogxnized in any civiliz-- ed and Chrmstian land, and hoped his hon.' friend would never ask a Legislature to pass an Act of that kind. The reason the money was setiled upon the family was that it was found that the son was to set tio: it c he without a wi go to an illegi principle that ed and Chrms would never ; find it was so, It made no diiTerence to him whe-- ther the property went to him absolutely or was settled in such a way that he could not dispense with it, in order that his wife and: children might be assured of a muintenance out of it. 'The only resson why he had interfered was that upon an-- uiry he had found such to be the character of the youns man, that in all probability his wife and family would become penniless in a very short time unless the money was settied in that way and a maintenance secured. The farm n perty was not settied is that way. . The young man coula do as he wished with it. It was an act of paternal affegtion and prudence, | and was often exercised by a fatherin order to pro-- | teet property from the extFfavagance of a son, and the cirecumstances of the Guse were such that he had thought it proper to propose to the House that such a course should be taken. That course had boeen taken by tho House. His hon, friend had said thai the taking of property, left by aman who dies leaving illegitimate children, by the Govern-- ment was an old feudal law, that we have not acted upon the principle that would have been actod up9a by the Government of England. He disputed that assertion, and moreover thought it was a good law. 'The late Mrs,. Mercer was rot entitled to any special favour whatever. It was found after her death that she obtained possession of large sums of money, and there was no pretence but t hluL she appropriated that to which she had no right. Mr. hAUDER--You would have taken even that from her if you could have done so. Mr. MOWAT said they did not attempt to take those sums, thouxh perhaps they would have been jusiified in doing so if they had decided on \ that course. In his report he recommended that Mrs. Mercer shoald not be interfered with in her i possession of these sums. and shs was not inter-- fered with. Amongst the papers left by the late Mr. Mercer thore wore some memoranda in which he detailed the ecrusity and dishonesty of the late Mrs. Mercer towards him. He (Mr. Mowat) would not have allitled to the conduct of the mother and , son, but after the statements made in the speech of the member for EastGrey it would W impossible to have ayoided doing so in order that the public might -- fully _ understand how the maifer stood. No exnenditure had been made for the erection of the Mercer Reformatory without havinz received the sanction of the that kind. T the family w a thriftless. e Mr. LAUDEN--I : Mr. MOW AT said pying the position h« to ascertain how th: find it was so, It im ther the nranerty we ral _ sum. ould possibl n settled up rything she ws of the fa! ArCG UpPoR C in should f the father & will. tha dllegitimat e that shou Chnstian 1 ever ask a would Uimnoei 'he only grou oe said a suftici i the son and hi 1d go: that no er were. and if > of such ing his pre-- xended ver id be recounized 1 land, and hoped h hegislature to p son the money wa t it was found the agant man. e nosuch sympathy, 'There T such cases before his atten-- his present position, and the ded very much upon the cir-- se and the value of the estate. in estate was a very large one settle on the illegitimate son uch iarger income than his n accustomed to expend. I6 im tol he ha did in UX IES COLT dence t father' had set exceed father 3 DG Mmo 11 )st of the observations aad been made before, iich he referred pre-- (Mr. lLquder) had ex-- s the opinion that the leaving illegitimate claimants, should go tively diifered from --that _ there should ence in the law witimate 'and illegiti-- iuse of that diiference ty had been taken for friend had said that our of the illegitimate )lic were aware of the ds not true elt it his d clt it his duty, ocon-- clation to the estate, He had no wish to Terence to him whe-- secured had aiso able addi-- n which had not 'There s atien-- and the the cir-- : estate. rze one

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