The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 17 Mar 1897, p. 1

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omm ~ ~o oo Avee P CiMI Servants in Polit . tesis. Pm & MR. GARROW'S RESOLUTION § Another Judge for the Court § of Appeal. s Legislative Chamber, March 17. ! k The interference of civil servants in|| political contests engaged the atten--| W tion of the House for the greater part / | of to--day's sessions. Mr. Garrow's re-- «}jfi" solution was passed after a lively dis--|> cussion, and Mr. Gamey's bill was dis-- 3 ie cussed in the evening but not voted fii upon. Mr. Hardy introduced a bill. in--] e creasing the number of Judges of Ap--| ARR@ peal to five. The dismissal of Bailiff| *' Thornton of St. Thomas was made the| _' subject of a long debate. ,3'" ANOTHER APPEAL JUDGE. ?;{!} Mr. Hardy introduced a bill respect--| |_-- ing the Court of Appeal of Ontario. It W _ makes provision that the Court of Ap--| <-- _ peal shall consist of a Chief Justice: _ and four other Judges instead of a| , Chief Justice and three other Judges| _ _ as at present. Four Judges are to con-- _ stitute a quorum and may hold any -- sitting of the court, but appeals from . -- the decision of a Divisional Court and --_ appeals under the controverted elec-- / tions act shall not be disposed of by a ---- court of not less than four Judges,, -- and all other appeals, including an ap--! gJ peal from a single Judge, may ? . heard and disposed of by a court of,. T 4s three Judges. ".;'('" @ Mr. Hardy, in introducing the bill, ; (@' said that it was well known that the % Court of Appeal had been very much' [ crowded for the nast year, in fact eve A" since the new act had come into force."' It bad been arranged so that the Cour "'tt A of Chancery had done some of the # work of the Court of Appeal, but for| | that there would have been some scores *,4' y or even hundreds of cases behind. Un< _ der the new act, which rather opened _' -- the doors of the Court of Appeal, a.n" 4t% other changes having been made which -- _ increased the number of appeals, the [ list had become so heavy that they -- | could not pretend to get through it, @ / and therefore they called in the aid of _ _ the Judges of the High Court, and the _ _ v} Court of Chancery had done a certain _ _ amount of the work. This arrange-- " | M ment was regarded as unsatisfactor ",., even by the members of the Chancery / 3 Division. The Judges of that divisio Bs had to go on circuit ; the moment the s q were through hearing arguments they were compelled to start off. One--halfy ' the work in preparing judgments wa the consideration and discussion am--<, ong the Judges of their judgment prss rather than writing their judgments _ ': eeparately. Only in that way could _ judgments be given which would be' / w entitled to that respect and have that _ _ weight which they should. The Su-- xT preme Court at Washington consider *f?'[ ed every case in that way. One -fi or a committee of Judges was deputed? -- _ to write the judgment, and it was de-- e 9 livered in that way after having bee e i 9 revised and concurred in by the othe 84 Judges. In the same way in England _ _ one Judge dGelivered the entire judg-- _ _ ment after it had been drawn up by -- _ one Judge and discussed. Somethlng would have to be done,--even with the _ _ Court of Chancery doing part of the_ \} work,. One hundred cases had been' _ left undisposed of at the end of 'last| _ _ | year, and in a liitle while the machin--|, _ e¥y of the court would be so cloggeadf that it would be impossible to carryf¥) / on the work. A Court of Appeal of| / four Judges might be in some respect in found to be objectionable. _ Casesf arose where they were equally divided and the result was abortive. In Eng--| //_ land the Court of Appeal was estab-- 4 lished with five ex--officio Judger® Oth-- ers ht be called in, as it was pro-- posed in the present measure they sho be called in here, and anything he d to do in the present act was ended to do away with this as | far as required. Now no less than two! | Judges were cali¢d in from below, but that was not always practicable an ettmmmmace 1

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