The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 3 Jun 1903, p. 3

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PRUTEUTINB- 1'lllll Wrkllr, MR. BOYLE'S BILL REGARDING LIEN NOTES, Amended by Cismmittee--Red Ink Warning Across Face of Note of Liatrilitr-An, Odd Tangle m th? Voting. . . t 1' A nuinber' 'ofvlawyere were pr.estnt (beiore.the' Legal Committee Of. the Legislature-yesterday to object to. Mr. Hoyle's bill. enabling debtors un- 'der a lien note, hire receipt or contract to. have an action arising upon such note or contract tried in the proper court having jurisdiction in the local- itrin which the defendant resides,h- stead . of in the district. oi the head office of the creditor, as is now often provided in the agreement in small up; . d i r. Alfred Hoskin, K.C., ogpose the bill, on_ the ground t a.t it was a restriction. upon the private right of two intelligentlgeople to make a business, contract. e thought that the company should not be dragged away to an outside court any more .tlian the individual creditor. . , Mr. Hoyle pointy) out a case in which a creditor with a good detence had been unable to sta.nd the risk of expense involved in taking all his re nesses to an outside court,. and had! gaid the bill under protest. Then he rought suit in a local court for breach,' orwarranty, and won the case. and oh-i tained full. costs. Such cases as .this," ' were common, and when the creditor! could nor follow "h' his case much in- ;ustice resulted. e believed thatthc' individual should be protected against- the capitalists. l Mr. S. C. Smoke, on behalf of the Massey-Harris Company; said that his; ,hrttt had thousands of small notes out tall over the country for $rtror See. and am nearly every case they were proper-) l,ly met und.e.r the present law. If the, inew prowsron were enforced these debtors, knowing that the company: 'must fight for-the note in the local' lcourts, would dispute the note, hoping, thereby at least_.to gain time by the, lcompany not being desirous to go.tl 'the expense ot attending an outside; court. _ l Mr. Whitney's bill making the agree-l ments entered into by the Niagara Fallsl Park Commission subject to ratification oil the Legislature was passed. Mr. Mct"art'st bill to amend the municipal drain- age, act was gassed. with some amendments. The ill enables municipal Councils to appoint two resident drain, age viewers to accompany the engineer! when laying out dra mine works, andl, melting assessments to meet the cost ofl

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