The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 5 Mar 1886, p. 2

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E. CA e't'nd'nfi its {:n'lsdictlon. He mentioned jurisdiction of the County Courts had been $ . that a Bill in this direction had been ad-- abolished, -- was that the practice was §) vanced to a second l'"&dll;fi in 1884, and tnat cumbersome, and the lawyers were not well h a similar . measure had been promised acquainted with equity practice. | The Attor 6 in the Speech from the Throne in 1885. ney--General's remarks as to partition suits f He did not suppose that the were irrelevant, because by the Bill he had PA (}:3!iltlhe l';'a';ldrq ll);' R 'th: tt]ho ut mf)féfl;;t: immdumeld'. ln'me-lmntths of this class of busi-- s M yers, butit was the cuty l ness would be swept away, f lawyers in this House to consider the in-- x * "unat ales h * + terests of the general public. The Bill pro-- Hon, A, S'] ]IAB})} said, speaking for t vided that the 'ur{'sdi;rion in all por-- bimsgelf, If he were a practitioner in f sonal actions shou\)d be extended from fzoo | country _ towns, "l"' s "O';Id a'l'o""'"' ' to $500 in actions where the amount is the Tu's'"%l 'iih' "',.'-}ml'"' iction -- of the «_ liquidated from $400 to $1,000, and in actions courts, provided he Wished fo inCrerss his of replevin from $200 to $500. It was also income. Tt would have the effect qf stripping roposed to restore to the County Courts Osgoode ]li}" of 'll.'il])llfil}.)('.\ls --courts in \-\'l.n.('h t'heir equity jurisdiction, and to give them the country has a thousand times expressed power of issuing writs of mandamus and in-- itsconfidence, courts of high Tf,'"'d'"?':' --and junctions. placing in inferior courts. '[The Bill pro-- | MHon. 0. MOWAT said that he was opposed posed to practically revolutionize the proced-- § to the Bill. At one time ho was in favour of ure and .]m'md'u'non' »O1 l'lu.- court 8,, In his increase of the jurisdiction of the County . estimation the {lgqr(--'7 to which the Bill pro-- Courts and contemplated -- introducing a posed to yaise the jurisdiction were too high, § * measure on the subject. He believed | and the House was not, therefore, called upon s it would be admitted tfl:zt; he had shown to disenss the question as to whether a | every disposition to decentralize, and had moderate --increase of © jurisdiction were ad-- 3 shown no disposition to refuse a law reform vantageous to the country, '"'l' procecded fo + lest it should injure his own profession. His show that it proposed largely to take the f hon. friend (Mr. %*'r«m-h)\\'us;untirely wrong in estates of infants from the care "'? onge con. t supposing that his opposition to this measure trol and safe .'-'.'lli""hilllfihlil' to hmi\ new ;'z:!gi e wuas due to any pressure from the legal pro-- untried places. HMe pointed out that the Bill fession. No member of th4t, profession had proposed to go back to the long exploded and F4 spoken to him on that 's: bject except in costly system of issuing commissions for the in answer to his own enquiries. While his examination of witnesses, p opinion had formerly been in favour of an Mr. WHITE supported the Bill, i extension of jurisdiction, he was bound to | NHon. C. F. FRASER said that the opinion § M Aiken io l ennhent n paniee | Luneneeroren mu" pouns ® f * reig case 0 is kind. t was n | tension was called for in the public interests, \| .\\\';(:fi_:,tl I,'(l, um.\t' that because the .im-imjli«-alilu)xlx € He had been unable to find that there was of the Division Court had been increased, and € ANY PRACTICAL GRIERVANCE something therehy taken from the County which such a measure would remove. He | Court, that therefore the jurisdiction of the denied that the measure would, ou the whole, Comity Court should be increased. When lecrease the cost of litigation, In somecases the jurisdiction of the County Courts was t would increase the cost, in others there increased the business was st ill to a large would be a nominal decrease; but pressure | | extent left -- in _ the hands _ of the had been brought to have the costs in the | same person ; the County Court 'Juugu in J county court cases increased, and if the juris-- | many cases, was also the Division Couri diction were increased, that pressure would | Judge, and the only difference was that jug-- f become irresistible. 1t was further to be ob-- ! tice was in a measure taken to every man's i; served that the County Courts once had a | door. He thought it quite a "*'}1'7(_"1'&}"!" pro-- : larger jurisdiction than they now have : and lpmi!mu l!mt where the jurisdiction of a the reason why that jurisdiction was taken court was lll('l'('!l\:('(_], Hw_]ud;.:cs. who had to away was because no use was made of it because + deal with the tariff \Vuu.ld consider that the E: it was not found a useful thing, and that costs should also be increased. Another p parties, when they had the choice between j question was, would the County Court Judges the County Courts and the Supsrior Courts, | be able to '""'"_d to the business proposea to f chey chose the latter, The jurisdiction of the be placed in their hands,. And here, it seemed + Division Courts had been largely increased, to him, was a good reason why hon. gentle-- R and the proceedings in cases in the High | men opposite were so eagerly advocating this ' 3 Courts of Justice had been to a great extent | measure,. Injlatter years many junior and i ' localized, so that the greater part of the pro-- ! deputy County judges had been appointed.and f ceedings could he taken in the county where 1 nououbt if such a measure as this were passed j the parties resided,. _ The Bill also proposed there would be so great an increase of the to give the County Courts a large equitable i business of the County Courts, there would | jurisdiction, embracing, some people said, ' not be a 'county in the Province | f nine--tenths of the whole business of that ]withouc its junior or Deputy Judge. (Ap--| @ character, _A very large share of what was plause.) More than this, the County Judges | ' called --administrative -- business, partition had in many cases been | """"lf"':}"';'l"'\'"\_l'_" B0 of ReEATES APPOINTED REVISING--BARRISTERS, | ; ADMINISTRATION OF ESTATE A s a great deal « rork h: > would be by this Bill transferved to the ;E:lt-etlhuun l|Ifi]{ilzltsl,}',l'lllld(.:'i. y gr(}\.\lh;l)(:rl:):;?? ' County Courts. _ At present the business of hou. gentlemen opposite didn't' like U":'i ""'350 suits was transacted by ofticers who Revis'ng--barristers to be Judges ; and if the | l'l':l;;'l_;l';:;:'.':;g'l:)') t'r:t\l:::lt:'x} 'i' l"tl )""'n" g!'uk{:'"h' County (,'()lfll'flJlll'ifldl()h(\ll was increased, and * § ans 1 0 uU 'tise > work C o r ges also inc m hands. Me proposed also, to tmux!Fx' it from ;,l:)(w""o,;ll:,?"ll :; \('-g'&l}:{"b'én?;t::'l,so'zla]l;ea:;,fl the Superior Court judges to the judges of County Judges have too much' to do, we the County Courts, 1t must not be forgotten | must relieve them from the duties of Revis-- ie e maeutins parsily ol Righis. ns | MADevrtaters, we ptust appoint other Revis bably quite as muc'h as would be done u'leu-v mg- fm"rml"or?; 'l'(; 'm.'.ld'uw and luughter.) h this%ilih, the only qaifference being that now Mr. CREIGHTON favoured the Bill. , it _is transacted by the local Master The House divided on the Attorney--Gen-- under _ the supervision _ of a Superior eral's mmotion for the two months hoist, which Court Judge, while the Bill proposc({a that was carried on the following division :-- it should be transacted by the County Court Y Ras.--Messrs, A wroey, Badgerow, Balfour, Ballan-- Judge, with no supervision at all ; and all tyne, Baxter, Bishop, Blozard, Caldwell, Caseaden, P lawyers were aware of the importance of |U']lifih()lul. Conmee, Dowling, Forguson, Forris, careful supervision in these cases. The pro-- ¥raser, _ Freeman, _ Gibson (Hamilion), -- Gibson bability.is that if the chanve ere made the (Huron), Gillies, Gould, Graham, liagar, Harcourt, herkt] b t chan ere made t Hm'd}'. Hart, Hawley, Lyon, Melntyre, Mac pusiness w ouh.ln_tfztrlw}'-bc' su_v-_'«-l'l or so cheaply Kenzie, MceMahon, Morin, Mowat, Murray, Par-- doue. The question of costs was not involyv ed; dee, Phelps, loss (Huron). Ross (M.ddlesex), because that administrative business was Waters J!-! compensated by a commission on the value of | _ NaYys. --Mesars. -- Baskerville, Broder, Carnegie, the property involved ; so that the: solicitor | Claney, Creighton, Denison, French, Gray, Ham-- p could not make any more out of the suit than mell, Hudson, Kerns, Kerr, lices, McColman, Me-- the prescribed commissi t C F l (Ghee, Mesedith, Merrick, Metealfc, Monk, Mor-- p comimission would bear. It n, -- MulholHand Presto Robillard, -- Ross was very important that the distribution of fil}ofinw'ul),f"'\\"}.;;5,, 25 t t n o 99 moneys in partition suits should be > » & o ibing * under the sL}])t'r\'i%iun of a .lul(ll;.: * llfmll;}:',- The House adjourned at 6:350 p.m. / money were scattered through the offices in e ol the yvarious counties mo oflicer would have a NOoTICES OF MOTION. sufficient amount of money under him to Mr. Harcourt--Address to His Honour the f'ne\'e'(i)h;l the re(]nisiu- experience, He had "C'U'Cl'l'm"'(I;UV"'"U" praying that His HMHon-- meard of a case where a County Court Judge our will, in his capacity as visitor of the 3 had received money belonging to an infant Western University of London, Ontario, call 4 ;s;n'tor \}'lll('ll .;:u't mixed with his own, and upon the Senate of said University to fur the result was a considerable loss to the nish a full and accurate account of the pro-- infant, which the Province felt itself perty of the University, and the income ar-- bound in humanity to make good,. An-- rived therefrom, in order that the same may other Judge, with no bad intention, had be laid before this Legislature as directed by followed -- the practice of receiving such Section 5 of 41 Vic., Chap. 70. money, and holding it until the time for dis-- Mr, Monk--Order of the House--for a copy tribution. He moved that the Bill be read a of the report of a Commission appointed in second time this day two months. October, 1881, to enquire into matters con-- Mr. MEREDITH supported the Bill. He nected with the license fund in the County contended that the reason the old equity of Carleton, with all applications {if any) b§ € * any municipal authorities for the appoint: ment of such Commission ; also all cortts: pondence respecting the report of said COmM-- # mission, or the subsequent dealing with the j license fund of the County of Carleton in col> sls i sequence thereof. cfi is Aifies S Ti cope h is FRapreme ts in o ammmnir > Aempane~=~-- tm« es armeg o

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