Ontario Community Newspapers

Ontario Scrapbook Hansard, 1 Feb 1878, p. 3

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Mr. MEREDITH agreed with the general principle of the Bill. With regard to the question of appeal, he thought it should be borne in mind that cases sometimes arose Mr. MOWAT repliecd in the afflirmative. He proposed that appeals shouid be takon to the Court of Appeals instead of the Court of Chancery ; County Court Appeals went to the former Court. Mr. MACDOUGALL asked whether an appeal would beallowed from the Court of Appeal to the Supreme Court. If that was the intention, he gave notice that he would introduce a clause to the effect that there should be no refer-- ence to any other Court after the Court of Appeal, Mr. MOWAT--I have not put in any clause on that subject, Mr. MOWAT said the powers . of the _ liquidator were _ not less, _ and the conditions _ of his employment were substantially the same, under this Bill, and he did not apprehend any such diffi-- cultr as the hon. gentleman suggestod might arise. 'There was so much rosem-- blance between the procedure in insolvency cases and the winding--up of companics that he had decided to give the Copnty Court Judges the power to adjudicate in the latter under the conditions he had mentrioned. Mr. MACDOUGALL--With the right of appeal ? Mr, MACDOUGALL hoped the hon. gentleman would give the House ample time to consider the Bill, as some very im-- portant legal points were involved therein, He would like his hon, friend to bear in mind that the use of the term liquidator was liable to lead to confusion ; that a liqui. dator, as would be found in the text--books, had certaimn rights aud duties under the English law, 1( the Attorney--General had simply used the name and given the official -- different _ functions _ or -- limited his powoer it would be inconvenient, inas-- much as they would not be abte to make the Enzlish decisions at all appli-- cable. -- He hoped it would be found that the hon. gentleman had, as he was quite capable of doing, endcavoured to make this Iull ecasy to be understood and simple and consistent in its parts, | 'This was s difieait subject to doal with. and he would no, be Ence by the Court was reduced to a mini-- _mum, and in -- that respect the Bil _went further than the English -- law, i He _proposed _ to _ meet _ those cases in this way : Tge Court would have the right, if the ajority did not appoint a liquidator, or appointed one who did not perform his duty, the Court would have the powerto appoint one who would then wind-- up. _ If the body of the sharcholders would not themselves do right, some method should be adopted by which right could be done. _ In order that the Court might not unnecessarily be called upon to act from time to time, or that there should be no un-- necessary employment of solicitors, he pro-- posed in the cases mentioned that a liqui-- dator should be appointed by the Court, either to act alone or toact with other liqui-- dators, according as by the circumstances of the case may be required. Of course they had to provide for a good many cases. An Act to apply to all classes of joint stock companies could not be . vyery short, but be did not think _ any one could complain of this measure being long; anud he had _ endeavoured to make the provisions of the Bill so flexible and simple that a small company could be wound up under it expeditiously as well as a large one. He trusted he had succeeded, and moved the second reading of the Bill, surprised to find that the measure would have to be amended next session, Mr. MACDOUGALL--Exccpt : House. (Laughter. Mr. MOWAT, centinning, said t ence by the Court was reduced to mum, and in --that o résnenct +1 Mr. MOWAT said when resolutely held out and refuse their duty, then it might 1 direction of the Court, and was necessary and desirable. Jority should not be allowed Coothe Iminority uis e muts .lcl minority was a principle of sid out and refused to disc'l'mrg'o:- then it might be said to be by the Court, and that provision y and destrable. 'That the ma-- d not be allowed to do injustice the our law {interfer-- in this majority was ngt _ nearly as large or _ as frequent as it ought to be, The ory about the ill--effects of too much education would not bear investigation. (Mear, hear.) He hoped soon to be able to say that the im provements in our school system -- wore bearing good fruits, and that the parents were taking more advantage of the bencfits of our Public Schools than formerly, Mr. BALLANTYNE said he thought that it was gross injustice that schools in towns separate from the counties should be at-- ewgt wuHe chlidren -- of farmers might k _ ftorward to some _ pursuil in the cities, many of the city born looked to,and probably found, more content-- ment im the life of a farmer. This was shown by the large number of shopkeepers, clerks, &¢., who had entered the Agricul-- tural College at (Guclph. 'They might as well try and regulate the universe by legis-- lation as to try and legislate on those ten. dencies. (HWear, heav.) 'They should not lose sight of the fact that no matter what might be a man's pursuit in life his chances were better in proportion to the degree of education he had obtained. (Hear, hear.) HMe regretted to say that numnwhers of parents did not take that view of the matter, and the attendance at the Public Schools 0 CC W PUPRPUID DTVUTR TD UIEURUDUUT [iS_ $400. In addition to this, $14,000 was distributed among the schools according to the result of the examinations,. Since the | Act of last session it seemed to him that the principle on which those schools might be supported was fairer than that -- which formerly _ prevailed. _ The High Schools were --an important -- part of our educational system--equally impor-- tant, he thought, to the Public Schools. (Hear, hear.) He did not agree with the criticisms of the hon. member for North Huron (Mr. Gibson) upon this subject. The happiness and we'll--being of the people were more involved in their having open to them avenues of supcrior education than in simply offering them a modicum of education through the Public Schools.;(Hear, hear.) To the'ordinary observer there might be some rea-- son in the remarks made the previous even-- ing with regard to the tendency--among the youth of the country to flock to the towns rathor than to stay at home and cultivate the ancestral farms. _ But this tendency cxasted in all countries. It was impossible to have large towns and not have this irre-- sistible tendency ot attracting persons from the country. (Hear, hear.) But this ten--. dency had nothing to do with the educational ' system ; it arose from impulses common to all humanity, which it was impossible to sup-' press, _ Still, it should be remembered ] that while children of _ farmers might of High Schools is 95, and that the minimum amount to which each is entitled Mr. MACDOUGALL asked how it was ascertained what schools were entitled to this money, Mr. CROOKS said they got the necessary information from the inspectors' reports. The item was passed. On item High School and Collegiate In-- stitutcs, $78,000, Mr. CROOKS stated that the number of High Schools is 95. and that the Mr. MACDOUGALL--I take the Bill as a tribute to the doctrines which I huv_cl feebly endeavoured to propound in this House, (Laughter.) The Bill was read the second time. The House then went into Cominitteec of Supply, Mr. Clarke (Wellington) in the chair, On item Schools in New and Poor Town-- ships, $12,000 . of Appeal. Me thought his hon. friend for South Simcoe (Mr. Macdougall) might bave founded an additional argument against the Court of Chancery on this Bill, because it practicaly admitted that _ that Court was not capable of grappling with casesof this character, or that the effect of their reference to the Court of Chancery would be to eat up the assets of the companies. (Laughter.) of involving liability of the stockholders to hfs'o. amounts. For instance, one case was pending involving the liability of the stockholders to the amount of $60,000, and he considered it uhreasonable to say that a case of that kind should stop at the Court Neb --> +s X1

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