The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 4 Mar 1884, p. 7

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f Then, for the first time, it was said that this Act a of 1878 was ultre vires, as this Government had d no authority to pass that Act, f Considerable discussion followed as to what | , effect the legi--lation asked would have with the | B case lately decided, and which was preposed to | be sent to the Privy Council, and a clause was § inserted in the bill, to which both parties f agreed, that nothing in the Act should ** affect & the litigation in the action of Langtry v. Du-- x raoilin, now pending in the High Court of Jus-- | E tice of Ontario, or the rights of the parties in question therein." The bill was then ordered to be reported, F MUNICIPAL COMMITTEEZ. | + The Municipal Committee met yesterday, & Hon. Mr. Fraser presiding. The first bill taken up 'was that introduced by Mr. Meredith to l consolidate the Mumcipai Act of 1883. It was decaded to strike out the ciause increasing the number of members of Boards ot Poli¢e Com-- | missioners in cities and towns from three to five, E | The bill was reported with some amendments. ' 1 | & es e E l Fngemarte mt nrmtare aoc omm memetienan ut a in iuntinits ~otemnecniecmmmemmemens 6 LEGISLATIVE COMMITTEES,. s Jak Amendments to the Synod and Rectory e y : Sales' Act. es THB BILL REPORTED. * , % The Private Bills Commuttee met this morning, x & . P : Mr. J. M. Gibson presiding. The first bill taken ! L up was the Bill to amend the Synod and Rectory | Sales' Act, affecting the Diocese of Teronto. > There were preseut to promote the bill, His | P--> Loraship the Bishep of Toronto, Ven, Archdea-- ' l con Boddy, Revs. A. J. Broughall, Joshn Lang-- \ C -- try, and A. Williams, with Mr. James Mac-- | fex lennan, Q.C., aud Charles Moss, (2.C., solicitors, | A Messrs. J. K. Kerr, Q.C., B. B. Osler, Q.C., and | iXA H. D. Gambls opposed the bill on behalf of the F4 n rectory and churchwardons of St. James' Cathe-- TeR is drat. The preamble of the bul sets out that :4 ; . > in order to enable the Incorporated Synod of the " 1eufe. -- Diocese of Toronto to effectually exccute the o k . e " rights, powers, duties, and trusts conferred and | e :e reposed in them by an Act entitled, ** An | 4 I Ast to Amend the _ Synod _ and _ Rec + is tory Sales' Acts affecting the Diocese of Toronto," and other Acts, it was desirable and necessary va that the lands doalt with in these Acts be vested * Eo in that incorporated Synod, Under the first ts clause of the bill the lands ever which the * € Synod had powers of sale were vested in the Synod, and the second clause provided that the p rents ot unsold réctories vacant sincs March 7, y 1878, should be pard to the Synod. _A number of | petitions were read from the churchwardens of * | St. James' Cathedral, and tho Eart of Onslow | and H.E. Bennet, both of England, objecting to the passage of the bill, the former on the grounds that vested rights would be interfered with, and the latter because they held some ' $65,000 in debentures of the rectory of 8. $ J.llll("', The CHAIRMAXN suggested that it would be bet-- ter to bring about an amicable settlement of the ) + dispute between the parties if possible, before the y Committee took action on the ball, The judgment _ R was only a judgment in the first instance, and | he understood that it was the intention of the defendants to af peal to the Privy Councii. 4 Mr, Monnris agreed wich the suggestion of the chairman. Mo was in favour of allowing the v Bill to stand till Monday next till the promotors and opponents of the bilil could come to an | amicable settlement. | § Mr. OsuiER stated that the Cathedrai author-- 4 ities had always been willing to arrive at a fair settlement. (Lanushter) HMe said the reverend clamants might laugh, but it was a hungry laugh. They hbad offered to refer the matter to an arbitration and named the Chief Justice of the Province of Oatario, but that offer had been re: | fused. The claimauts had determined to get all j M the law would give them, the defendants believed that the judsgment would be reversed / by the Priay Council. It was a serious matter * C with the people of St. James' Cathedral to de-- | 9 & prive thein of these receipts at once, as they had \ 4 ;; gone into debt to build the spire to the extent of | ez some $70,030, which would not have b«en under-- ( 2 taken without this endowment-- _ 'They were 'i f 3 prepared to recommend a settiement as follows: j n3 : * --The rector was given $5,000 a year by law, and ' ' tllt-)' were ]u-rfuc!lv content with a proper dis f y ks vision of the funds, which wore lept among the f & existinz churches and the Cathedral. %_ Mr. Maclennan did not agree to any such pro-- g ez k pofitiou. _ Tney came before the Railway Com-- -- 6 4¢ mittee simply to get their righis. _ Me did not 3 & ¢* see any use of any adjournment? for the pur-- & . 2 pose of attempting to come to a s »lution of the & e 2. difficulty, He cited the history of the case from | a 1866, when the question was first discuss -- ed. In 1878 legislation had béen passed ' A* B giving the late Dean $5,000 per annum and de-- | bewd claring that the surplus should be divided., ) § Every person thought that this was a settiement | of the matter vuotil the death of Doan Grasett o | % :'-::'{ un*al Ganon Dostinnlin, was witt in his place. | | 2 'J:;.]Cll':\"l)%' 'X"t;l W:n.l:", it was & |'id that ;,";; Acs l: | si0 was witre tives, as this Government had ' no authority to pass that Act.

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