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 Th« copy filmcKi h«r« Hm b««n rsproducad th«f?ki 
 to th« fl«n«roaity of : 
 
 ArchivM of Qntario 
 
 Toronto " , 
 
 Tlio irtiOQM appoorifig horo arm xhmbtmt quaiitv 
 poMiblo considorintf tfio eonditiort fnd foglbUity 
 of th« original copy and in Icaaping with ttia 
 filming contract spacifieationa. 
 
 Original eopiaa-ln printad papar eavara ara fllmad 
 baginning with ttjia front covar and anding on 
 tha iaat pa^a with a printad or llluatratad lmpraa> 
 •ion, or tha bacic covar whan appropriata, AM 
 othar original copiaa ara filmad baginning on tha 
 firat paga with a printad or illuatratad imprat- 
 a(Qn. and anding on tha laat pago with a printad 
 or iiluatratadi impraaalon^ 
 
 ^ Tha laat racprdad frama on aach microflcha 
 •hail contain tha symbol ^i«»- (moaning "CON* 
 TINUEO"). or tha aymbol ▼ (moaning "END"). 
 ,whichavar appliaa. 
 
 Mapa. pjataa» charta. ate!', may ba fllmad at 
 diffarant raductfon ratioa. Thoaa too larga to ba 
 antlraly inciudad in ona axpoaura ara fHmad 
 • baginning in tha uppar laft hand comar, laft to 
 right and top-td bottom, aa many framaa aa 
 raquirad. Tha following diagrama illuatrata tha 
 mathod: ' ,, 
 
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 J 
 
 
 f:J-a^ 
 
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 L'axamplaira fUniA fut raproduit grica A i« 
 gAnAroaitA dO; 
 
 "^ Arehivn of Ontario 
 ■ '» Toronto 
 
 rf- 
 
 Laa imagaa auiyantaa ont «t* raproduitaa avac ta 
 plua grand soin. compta tanu da la condition at 
 da la nattat* da i'axampiaira flimA. at an 
 conf ormiti avac laa conditiona d«j contrat da 
 ' filmaga. . : x---'. . 
 
 '■■»*• ■: ; -^ ■ ^■■ 
 
 Laa axamplairaa originaux dont la couvartura^ 
 papiar aat imprimAa sont filmltl an comman^nt 
 par la pramiar plat at an tarminant soit par.la 
 damlAra paga qui comporta una amprainta 
 d'Impraaaion ou dllluatration, soit par la sacond 
 plat.^Mrfon la caa. Toua laa autraa axamplairaa 
 ' Originaux sont fllmAs an commandant, par la' 
 pramiAro paga qui comporta una amprainta 
 dimpraaaion ou d'HIus^ation at an tarminant par 
 
 la damlAra paga qui comporta una talla 
 amprainta. ■ , ■ ■ . ■ ii^-v. 
 
 Un daa symbolaa suivanta apparaltra sur la ^ 
 dfmi4ka imago da chaquo microficha, salon la 
 caa: fa gymbola '-^ signifia ''A SUIVRE". la 
 aymboia T signfflp "FIN". . • 
 
 I cartaa. planchaa. tablbaux. ate. pauvant Atra 
 fllmAa A daa taux da rAduc^on diff Arants. 
 Loraquo la docuniant aat trop grand pour Atra • 
 raproduit an un soul clichA, il aat filmA jk partir 
 da I'anglo supAriaur gaucha, da gaucha A droita. 
 «c do haul an baa, an pranant la nombra 
 d'Imagaa nAcaaaaira. Las diagrammas suivanta 
 iiluatrant la mAthoda. 
 
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Miatocorv risowtion mi chart 
 
 * (ANSI and ISO TEST CHART No. J) 
 
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 /^n /Vppeal to the QeGtors 
 
 
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 of Ontajio. 
 
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 stlpWiriQ ^lo^A^ ttje Onlcif id Gov- 
 ernfTiient as constituted ilv'S' 
 
 REW/VRDED 
 
 ^' 
 
 TM Transgressors of the Law 
 
 L.egisl(3tirig $12,533.94 of his 
 fees- into their) oWn pocKets 
 
 'a,r|d' i-qto .the" roc Rets of other 
 ■Lawyers, 'during the ia^st :^ 
 
 years.,74;;;;-. ■:;;:: ''^^ 
 
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 SUPPLEMBNT. 
 
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 Since writiii}' iny' lM»(»k in tjii'! ft)ll<'wi»i},' j»ft},'«'«, • Vntulf •>,' 
 
 ... ■ -., '— — ■ ■ • " . „ - ■■ »> ... -irtA 
 
 the following' (JiHcoveiy 
 
 I5<^ Ht'.ryiiig of i>r()ei*!?M ; 
 lat. Tlu; first sesHion of the first railia'nicnt of 'l^{»iK'r 
 (!an«rt:1a, nu't ut Niai^um on tho 17th of Sci.tfnilH'r, 17i>2. 
 
 ami pofogned on tlie 15th of October foHowiiig. 
 
 Jolin GravtvB, Siinc<»e, Lieutenaut-Oovf inor : 
 
 ' Tronr 1792\to 1B22 Slieiiffs .servotl all i-rocfSH, an«l 
 
 w<'i'e paid ity salai^. v '" * 
 
 The seeonci sission (.fthu tu<rhth IVlian>('ivt ()f I'piK'V 
 
 Canada, inet at YiVk on the 21st day of NoveuiUcr, iB2|, 
 
 and'iiopogned on tie 17lh Januavy, i8jfii-^^ir Teiigiffjie 
 
 Maitland, K C. IV/l.ienteiuTnl-Governor: . 
 
 . ■■■■■.. A .;■-■■■■■■■-.*; 
 
 In this session \An act entitled "An ad ;t(^ iviuial |)iii|^ 
 
 of, and amend the hi\v now in force resijectini,' the i>wctj|gj 
 of Her Majesty's Cmirt of Kiii|^'s Heneii in this I'rovinec^. 
 was jtassed. : In Section 45 of ihe^et, authority is given.; 
 the" Judgtvs to establish fees to bo taken by all oilicers of : 
 'the Court-'V'. ■;■ ■ . .■, • V- :^r-4-.. ' ■• ■ . y \ 
 
 In thesumiB session an act entitled "An act to vetluftej 
 into <.ne.>Cfrthe several hws now in force establishing| ; 
 district" conrt*!, and regnlating th^ practice th|reof; and alS(^ : 
 to extend the powers, of said DistVict Courts', was passed; 
 Section 27 reads as htllowsv " And bo it fiii-Oier enacted 
 by the authority aforesai(l." Tliat it shall and ylay be lawful 
 for theVpersons hereinafter named to demaftd and^ receive 
 the f<)llowinij; fees.: Then fV)Uows a tableiy<>f fees for Judule, 
 Commissiuner, Attorney, Sheriff, Clerk and'Criei-. • 
 
 'a^\ 
 
 Both acts passed January 17th, 184^2 
 
 '.~\71.r.\:'':\ .. ^'-L^i-tSSS'- 
 

 if > 
 
 «. 
 
 T 
 
 '11 
 
 In addition to iIk; foregoing ucts ('.stalilisliing tlit> 
 Sljit'riir.s light ti» th« serving tif i»roci;s.s, I refer the vendor to 
 tie deeiftions of the eourts on piige.i 3 and 4 of thin lioofc. 
 
 le Shorilfs did the serving of I'lDiess from l7'J2 to 185;>. 
 
 period of 61 yeur.s. In ISo.'i the act IG Viutoiia, Chiiptei 
 1"5, vvrt.s enacted. Section 14 pnietieully gives the serving 
 of Process to Lawyers. Mr. Winchester says in his ntpori 
 ill April last, this act (or {Section 14,) had been in force 
 siiice 1853. He then (utrn'cts himself and .says the .section 
 was carrit'd into (ioh.solidated statutes of Upper Canada, 
 1859, where it lay in a state of composure until 1874, a 
 periqil _,ofyi5 years, when Hon. (). Mowat, Hon. Adam 
 ('rooks, H«)n. T. W I'aidee and'ffon. C. K. Kraser became {{.» 
 pall bearers, and silejttly and vfcverently tian.sferied it 
 from its resting place and inserted it in 37th Victoria 
 Chapter 7, Se^tious 83 and 84, to ])e seen on pages 4 and 5 
 of this book, A pt'rusal of the b(Jok shows how tl)e law 
 works. Although I was a member of the .Government in 
 1874, I was not one of tlie pall bearqrs. 
 
 ARCH. McKELLAR. 
 
 Hamirtun, Kel). ami, 1S91. ' 
 
 
 'm 
 
 t 
 
 / 
 
 y. 
 
 M» 
 
 -^ff^f:'?i^-f-?^^-' 
 
1 
 
 V 
 
 lilisl|iii^ tlic 
 tile V'^uder lo 
 i>t tlUH li))nl<. 
 7U2 to 185.;. 
 oriu, (/luiptn 
 I iho serving 
 ill 1 1 is ntpui'L 
 BiMi in l«mu! 
 rn tlu! suction 
 ;|»<'i' ( 'uuiulii, 
 iitil 1874, a 
 Hon. Aduni 
 ur bi.'Oiinie its 
 iiui.sfei'it'tl it 
 ►7th Victoria 
 iajj[(!8 4 and 5 
 liow tl)e lavv 
 jvenmient in 
 
 KELLAR. 
 
 ■ 7 '■■■ 
 
 TO THE ELECTORS AND TJIXPiYEItS OF THE PROVINCE 
 
 OFPMIO: > ^ 
 
 Okntlemkn,— \ 
 
 I bo^to'liiy lieruro yon fi ftati'iuent of facts, showinjj) 
 liow the Ontario (Jovftrnmcnt, i\|Ct>nstituti'(l in 1881, treati'd 
 myself and other shcrilVs ; antf-rTsk y(»ii who arc interested as 
 wtU as shcrilVs to render a verdict on the evidence 1 whall now 
 hiy before you : 
 
 I was jl|ti>ointcd Sheriff on th(^ 1st of Anj^nst, 1875. 
 Slmrtly after entering on tlie lUitics of my otlice.l noticed 
 that it was ahnosi thi; invuriaole i)ractii3e of S(»ljicitors to 
 utilize the Sherilfs to e(niect for them a larj^c anion nt of 
 iliej^al fees on Writs of Kxccnti(»n. (A Writ 4>i" Kx(!cntion, v 
 when ])laced in a Sheriff's hands, is his anthority <'or enforciiif^ 
 the i)ayau'nt of a (hibt ; the solicitor who issues the Writ of 
 KxecutioiJ is entitled to a certain fee over and in addition to 
 all other fees for issuing' the Writ,) It was on tluvso Writs 
 of Kxec^ulion that the Sheriffs were niiuh; use of t(') collect 
 illegal fees. 1 oV)tained returij^Jrom-trll the Sheriffs in 
 Ontario and found that Sr)l),l()Hpirwiis the ann\ial amount 
 of illegal fees collected by the Sm-ffffs. 1 vdererniini^d n()t to 
 be used for such evil and illegal practices. 1 obtained a (iojiy " 
 of the legal tariff of fees for issuing Writs of It^xeicution in 
 the Sujierior and County Court, and collected the fees under 
 that tarill and no mcae.v^^ 1 never robbed for niyscdf, and I 
 f^iiled to see wliy 1 should rob to enrich 5tliers. I found 
 that some of the Sheriffs collected these illegal, fees in ignor- 
 ance, believing it to be their duty to collect the aiuount 
 endoiscd on the Writ. Other Sheriffs made the collection 
 of these illegal fees knowingly, but imd^r fear, as they said, 
 truthfully, "If we do not collect tJiese illegal fees the Lawyers 
 will give us no papers to serve and will ruin us." Tbe 
 truth of this was verified ianiy oWu ufHce; 1 had a Coirnty 
 Court Writ for $200 against an honest manwho was doing 
 his best to pay it. I noticed that SI was charged for the 
 Writ instead of $3, the legal fee, I instructed my bailiff not 
 
■ s , ■ 
 
 /l*^" 
 
 It- V 
 
 k 
 
 ..? 
 
 .„■■.*. 
 to press tlio>(in, asiip was paying ad fast M liy cuuld. and 
 to colloct n.) S..ro than ^ fov th« Writ. Tlui money wa«. 
 made ana U che.iuo, including S3 for |J.o Writ, was sent to 
 the Uwyor. On tlu< following day he oanio to my otl co 
 and in an hniuirions mannor dcMuanded un explanation why 
 t\w StO had not hcon collfcted ? In other words, why had 
 I not roblK-dthe litij?ant to the extent of 97 for his beoisfit. 
 I told him I had collected the legal fees, and wr.nld do no 
 more fi)r him (»r any other. His reply wai* that he would 
 L/ive me no more i>apers to Si^rv.-, and I must do him justice 
 Ho say ho ki-pt his word. What stronger proof thnn this 
 could be Kiven that, for the protecti(m of litigants and Shentls, 
 the Shuritfs should not be ^Iftced at the mercy of Solicitors or 
 others for their inc<mies. 
 
 Having ascertained, the extent of the wrongs to which 
 litigants were sul)jected, I suggested to the Govfrnment the 
 appointment of an Inspector of Sheriffs' oftices as the best 
 means of ending the wrong-doing. An Inspector was nqt 
 appointed till 1884. and then he found niatters as bad asH 
 had represented them, as shown by the following instructions 
 to Sheriffs : 
 
 INSTRUCTIONS TO miKklFFS. 
 
 From John Winchtster, Eiq.,Impector of Offic4$^ Toronto. 
 
 • Osr.ooDE Hall, Toronto, Oct. 8th, 1884. 
 
 Sir,— I have the honor to inform ypu that whilst inspecting Sheriffs' Offices 
 lately, I have found that it has been almost ithe invariable practice with some 
 Solicitors to endorse upon Writs of Ptxecution against (ioods and Laflds, as 
 Iheir fees for such Writs, the sums of $io, $12, (and in some cases even more) 
 in the High Courts of Justice, ami $6, »( and $io in the County ^C(wrt,_ and 
 similar sums for renewals ; and that the Sheriffs have been in the habit of 
 collecting such sums, believing it to be their duty to obey the instructions thus 
 given. Sheriffs, in so acting, render themselves liable to be proceeded ag unst, 
 and in the future must refuse to levy for more than the legal charges, which 
 are as follows : — 
 
 In Hiuh Cour* of Justice, Goods or Lands Writ (original or alias) each. . . ; . .$5 oo 
 
 '• Goods or Lands Writs, Renewals each.,., •• J 75 
 
 In County Court, Goods or l.ands Writs (original or alias) each. 3 «*> 
 
 " " Goods or Lands Writs, Renewals ...•• a "5 
 
 Whe^e money is made under Goods Writs no fees whatever for Lai\ds 
 Writs are to be collected. See Reviud Statutes of Ontario, Cap. 66, Set. if. 
 
 Endorsements on Writs must b« made on face of Writ with fees for Writ 
 added. If no costs mentioned in Writ^ and debt or damages given, no costs 
 
w 
 
 9 lio cwultl, and 
 riu! money was 
 rit, was sent to 
 
 10 to my ofHco 
 
 <planjiti<)i» why 
 
 olds, why had 
 
 fov Ilia bentjflt. 
 
 d wouUl do no 
 
 that ho W()uld 
 
 do him jtiHtice 
 
 proof thnn this 
 
 its and Sheriffs, 
 
 of Solicitors or 
 
 rongs to which 
 irovfrnment the 
 ces as the best 
 ipector was nqt 
 ers as bad asH 
 ing instructions 
 
 s, Toronto. 
 
 ), Oct. 8th, 1884. 
 
 ting Sheriffs' Offices 
 practice with some 
 >ods and Ltwids, as 
 oe cases even more) 
 County Cwrt, and 
 een in the habit of 
 ;he instructions thus 
 s proceeded ag linst, 
 egal charges, which 
 
 is) each.. .;..$5 00 
 
 :H.... •■ J 75 
 
 • 3 00 
 
 2 25 
 
 \ whatever for Lai\ds 
 io. Cap. 6(f, ^ec. 7*7, 
 
 it with fees for Writ 
 lages given, no costs 
 
 other than hti for Writ' arc to h« Itvied. If no de^t, ur damage*^ or cotti 
 mentioned in the Writ, then po coiti or feet of Any kind are to he levied. 
 
 I have the honor to tie, iir, ' 
 
 . Your Obedient Servant, 
 
 To 
 
 •MR. SHERIFF Af(KSI.f.AR, 
 
 IIAMIt.T«)N. 
 
 JOHN WINCUF-STER, 
 
 Imptdor of OffUtt. 
 
 Lawyers and Sheriffs are paid by fees, in accordance with 
 a tariff ntadc for them by the iFmlgos of tlie High Court of 
 Justice. 
 
 The following is the tariff of f»;es for is.siiing and serving 
 WritH of Summons in the High Court of Justice ttnd County 
 Court, as given to me by Inspector Winchester in 18*S5: ^^ 
 
 
 
 
 
 —^ 
 
 •4- 
 
 attomniv'k raiH run 
 
 ISSOINO. 
 
 siiH'a 
 
 tolfllT. 
 
 COIIMTV 
 tUIHT. 
 
 SKHVINCi. 
 
 (t'PR 
 UlUKt. 
 
 uioNTT 
 
 \ 
 
 Initructoonx 
 
 $ ClH. 
 
 3 oo 
 
 .J bo 
 
 1 00 
 
 ' I oo 
 
 00 
 
 $7 00 
 
 $ CtS. 
 
 4 00 
 
 . I 00 
 
 75 
 50 
 
 so 
 
 KeceivuiK iiiiil Filing. . 
 Scrvii)(> e.ich 1 )efeiitlaiit 
 Drawing Atfiilaviill.. .. 
 I 'oiuniiNsi* iiicr i ........ 
 
 $C15. 
 o^S 
 X 5U 
 »5 
 20 
 50 
 
 ■■ 
 
 $i 70 
 
 .$',ct... ■■■• 
 
 10 ■ 
 
 1 po 
 te 
 
 Special Ktulorsemeni . . 
 Copy of Writ, including 
 
 all iioiic* ,... 
 
 Two Notices atlowed 
 
 in County Court. . 
 
 Ketiirn ,......i....t,.. 
 
 4 
 
 6 ij 
 $1 S5 • 
 
 I give th^. following decisions of the Courts in proof that 
 the serving of Writs of Summons and all other papers issuetK 
 out of the High Court of Justice, or County Court, requiring 
 a personal or substitutional 8orvic(\ should be served by a 
 Sheriff or his oflicers; X^i^Landvifjuxnvs. t'uWihin: "Service 
 " not having been made by a Sheriff or his oflicer the Court set 
 "the service aside for irregularity, with costs," vide Hon. J, 
 H. Cameron, digest. . \ 
 
 " Whitehead V8. Fothergill <{; Brown, 1, Old Ser'tea 
 of Drapersyiie^mia, 2M(je 200." 
 
 "The Court set aside the service of the Process in this 
 "cause because it had been served by a j)erson Mot a Slieriff'a 
 " officer. The Statute 2, George IV., Cliap, 1, directs that, 
 "the Process shall be served by the Sheriff, Ins Deputy or 
 •• his lavVful Bailiff. In this case the service had been made 
 "by a clerk of the Plaintiff." i 
 
 ^ 
 
 ^ 
 

 T e 
 
 ■1 ■ 
 
 " Mutton VS. Ashford. >'■ 
 
 "A Writ Ca Sue, not bailable, must be served by the 
 "Sheriff or his oftieer though the Deiruty-Shoriirbe a party 
 «' to the suit ; 3, Old Series, Drapers' Reports, t)a«?c 302, The 
 "Writ, bailable, was in this cause directed to the Sheriff, but 
 "^'served by the Coi oner without any authority from the 
 •" Sheriff, 'prdbablyeonqpiving tl}is the more proper vvay of 
 '! making the service. Motion inade to set the service aside ; 
 " Boswell for Plaintiff'^ Whitehead for Defendant. Per Cur. 
 "^Thc Provinciill Statute positivelydirects that the Writ ^ 
 "shall be served by the Sheriff or his lawful Deputy or 
 " Bailiff, ftiid we hUvefre<iuontl^ held that service of Process - 
 •'made in any other manned /is irregular. The ($mt, 
 "therefore, made th0 Kule absolute, or, in other words, 
 " <n'anted the motion and set the service aside." 
 
 ■ f ..;'■■ ■ 
 
 These.decisions of the Court show clearly that the serv- 
 ing of Process should be done by Sheriffs or their officers and 
 not by Solicitors or others, ■ . ; - 
 
 In 1874 the Ontario Government was composed of 
 
 Hon. 0. MowAT, Attorney General, 
 • V • "' Adam CuooKS, Prov, Treasurer. 
 
 . \/i " T. B. Pardee, Com. Crown Lands. 
 " C. F. FuASKU, Com. Publjo Works. 
 " Arch, McKELLAR.iJrov^, Secretary. - ^. "; 
 
 Four lawyers ahd one laymah passed the Act 37 Vic., 
 Chap, 9, entitled "An Act to make provision for the due 
 administration of Justice. Sections 83 and 84 relate to 
 I Sheriff's. Section 83° reat^s, as follows, vi/,: - 
 
 ■ ■ T ' ■ ""' '■ ' " "'■■'•■ -'' ■■' 
 
 '_-'" Upon the delivery of a Wvit of Summons or a Writ of 
 
 Ejectment at the office of any Sheriff" to be served by him, 
 
 \:he, his Deputy, or Clerk, shall endorse thereon the time it ° 
 
 was delivered, and in case the Writ is not fully and completely 
 
 .served within' ten days after such delivery, the plaintiff", his 
 
 attorney, or agent, shall be entitled to receive l):ick the same, . 
 
 and the Shbriff, Dei)Uty-Sheriff, m Clerk, shall ^endorse 
 
 > thereon the .time of the delivery ; and the costs of mileage 
 
served by the 
 filTbe a i)arty 
 ;)a^c302, The 
 the Sheriff, but 
 nity from the 
 |)roi)er vvay c/f 
 J service aside ; 
 ant. Per Cur. 
 . that the Writ 
 Ful J)o|)uty or 
 vice of Process 
 '. The Oonrt, 
 II other words, 
 
 rtliat the serv- 
 leir officers and 
 
 mposed of 
 
 ir. 
 
 lands, 
 'orks. 
 etary. • ^. ." 
 
 c Act 37 Vic.; 
 ()n for the due 
 I 84 relate to 
 
 »ns or a Writ of 
 served by him, 
 on the time it 
 and completely 
 le plaintiff, his 
 bick the same, , 
 shall endorse 
 osts of mileage 
 
 and service of the Writ (by any literate person afterwards) 
 shall, in case the person t^ be served was at any time during 
 ^uch ten days within sufch County, be allowed m taxation of 
 costs as if the service had been rnade by the Sheriff or his 
 officer." * 
 
 -^ Sec. 84 reads as follows, viz.: "If the Sheriff, being 
 
 • applied to, neglects or refuses to return the writ, after the 
 expiration of ten days.^the Plaintiff niiiy issue a duplicate or 
 concurrent writ on the pnecipe already filed, or may i)rocure 
 another copy of the bill of information, j|nd the costs of the 
 first writ or oJ;her writ or copy not retug@kl, may be charged 
 against and recovered from the Sheriff, by the Plaintiff or his 
 
 ■ Attorney. .■;',.■ V' •^. '-;'-i,-: ■...■'.'- '-'■.■•• 
 
 • . X ^ish to draw special attention to the wording of 
 Section 83. There is nothing iiKit requiring the delivery, 
 of a writ or any ,pther paper at th^ Sheriff's office, ahd the 
 working of the Act provejs that was the intention. In Sec. 
 
 • 84 the Sheriff is subjected to a pertalty if ho refuses or 
 .neglects to return the writ when asked to do so, after he 
 
 has had it ten days; ■ I am not aware that any Sheriff has 
 beQ»Mbjected to this penalty, and for the very good reason 
 'that he received very few writs to serve, and the few that he 
 did receive were served and returjied long before, the ten . 
 days expired. - / / 
 
 Although. the. Act 37 Vic, Chap. 7, was passed in 1874/ 
 when 1 was a member of the Gbvernment, I confess I wa4 
 not aware of its provision when it passed ; and for thereaso|i 
 that laymen take no part or interest in Legislation relating 
 to 'the Administration of Justice, as this bill is entitled. /I 
 entered on the duties of my office on .,tkiQ date above- giv/en 
 (1st August, 1875.) The net receipts- of the office for ihe 
 whole-year was S3,692.11. Of this amount the receipts/ for 
 serving Writs, etc., was 2,118,91. In 1876, the first \yiiole 
 year I- was in office, the net receipts were $3,618.19 ; of this 
 sum $1,682.88 was for serving Writs, etc. The receipts for 
 serving Wr^rits in 1876 was $436.03 less than, in 1875. In: 
 1876 I noticed that a number of cases belonging to the 
 County were tried in my Courts, in which neither defendants 
 
 ' '^ 
 
'I'-i 
 
 ■-■■ '■ 6 ■ : :\ ■■■:/'.■:■]/■, 
 
 tiQT witnesses were served throii^hmy dtfice. As the Outario 
 Legislature met early, in January, 1 8J?7, 1 thought the speediest 
 and best way to ascertain the extent to which the serving of 
 Writs and other papers was carried by process-serving 
 Attorneys would be through a return asked for by the 
 Legislature. With this end in view, I gave my friend, Mr. 
 Sinclair, M. P. P. for North Bruce, a motion asking for a 
 return of the number of Bills in. Chancery and Writs of 
 Summons that were issued out of the Superior and County 
 Courts during the year 1876, ;andaUp a return of the number 
 
 of such papers as were seirved byithe Sheriffs. I did not 
 apprehend any opposition to the motion, for the cost of 
 obtaining the "information I asked for would be trifling. On 
 the evening of the IGth January, '77, Mr: Sinclair brought 
 «p his motion, and coptrai'y to my expectation it was met in 
 the most hostile spirit by a number of the members of the 
 Legal Profession, who spoke as follows : 
 
 ^ Mr. Lauder, M. P. P. for East Grey, said : " I object to 
 compelling persons making services through the Sheriff when 
 the Attorney would make the service for nothing." 
 
 Mr. Deacon, M. P. P., said : •• If services were liikde by 
 the Profession it was at Ihe expens^^of the Profession itself." 
 
 Hon. Mr. Hardy, Prov. Sec, said: "That in Brantford 
 it was an exceptional case that a WritWas served by another 
 thanthe Sheriff; tiie law was plain thkt no gentleman could 
 make axharge for the service of Process^^ '■/■"■ • 
 
 Mr. Meredith moved : "That the mouon be amended 
 by adding the following words, viz.: 'and also the cases, if 
 any, in which fees for service of Process have been taxed, 
 where service has riot been effected by the Sheriff", and also 
 the fees paid to the Sheriff for service in; each case.' " Mr 
 Sinclair's motion was then dropped. ^ ^^-„ ~ 
 
 ^ In the Globe of the 6th February, 1877, a letter appeared 
 over the signature, " A Practicing Lawyer " (I discovered his 
 name is Charlie Durand) ; he said, "Now I. know as a lawyer 
 that lawyers are in the habit of serving many "papers, including 
 
 «%k<i»%h 
 
-W> 
 
 L8 the Ootario 
 I the speediest 
 he serving of 
 rocess-serving 
 1 for by the 
 y friend, Mr. 
 
 asking for a 
 and Writs of 
 • and County 
 )f the number 
 E(. I did not 
 V the cost of 
 
 trifling. On 
 iclair brought 
 it was met in 
 embers of the 
 
 : " I object to 
 3 Sheriff when 
 
 were illade by 
 fession itseilf." 
 
 in Brantford 
 ^ed by another 
 ntleman could 
 
 1 be amended 
 3 the cases, if 
 ve been taxed, 
 eriff", and also 
 li case.' " Mr 
 
 letter appeared 
 discovered his 
 ow as a lawyer 
 pers, including 
 
 Writs, and they do it for two reasons, first, to expedite 
 business (for if the papers go into the Sheriff's hands tliey are 
 likely to remaip there a long time), and secondly, to decrease 
 the disbursements of the suit ; lawyers caniiot charge and 
 - do not for serving Writs and Siibpa?nas." 
 
 .■:^. ■.■-■■.:/-. V- : . : ■.:■■•-;..• ^...; ';.)[., 
 
 In the ^hhe of I6th February, 1877, a letter appeared 
 over the signature of Francis Rye, of Barrie, who said, "1 have 
 never knovyn a case of a Solicitor charging his client with a 
 Sheriffs' fe0, or with ^ fee equal to what a Sherift's fee would 
 be, for seryice of a Bill of Chancery where the Sheriff has not 
 been employed, and as to charging Sheriffs fees besides his 
 own feesyfor the service, (which would be a frandulent over- 
 charge), this, I need hardly say, is a practice entirely unknown 
 to my profession." The existence of such an officer as 
 Taxing Master appears to have been forgotten by the writer 
 of this article. This is what the lawyers said. And I regret 
 to have to say that not only were the 3tate?nents. above quoted 
 untrue, but in making them the above-named parties were 
 traducingthe character of the Sheriffs. When the defendants 
 demurred to tha payment of the-Bili of Costs as being too 
 high, the invariable answer was that they have saved him the 
 Sheriff's 'fee, that had the Sheriff made the service the costs 
 would have been much higher. / 
 
 A number of other anonymous correspondents wrote in 
 the same strain, all declaring that my sole object in asking 
 for the return was to increase Slieriffs' fees. That incited 
 me to procure a return. of the number 6f Summons issifed in 
 1876, and show who did increase the bVdena of litigants or 
 increased Sheriff's f^es, and I succeeded.. >^ 
 
 The number of jWrits issued was 20,^80. 
 
 Sheriff's iees for serVing 20,380 Writs...... ......$ 42,094 25 
 
 Lawyers' fees forisstiing 20,380 Bills 4nd Writs. 117,358 00 
 
 Total for issuing and serving 20.380 Writs.. .SI 59,452 '2R 
 
 
 .i,„„. 
 
 ..«» 
 
 
 r 
 
'.n ■ 
 
 /^.: 
 
 A return from the Sheriffs showed that of the 20 380 
 Bills and Writs they only served 11,066, which gave them 
 
 $22,135.25.- : :, :;,,.,_; . •. : ' •. 
 
 Of the 20,380 Bills and Writs the Sheriffs were deprived 
 of the serving and fees of 9,314, viz.: * 
 
 - ' ' '■ . ■■ , . '■ ■ '' ' 
 
 Lawyers served 3,511 Sup'r Court Writs at $2.70..$ 9.479 70 
 1,291 Bills in Chancery, at $2. 70. .3,485 70 
 4,512 Co. Court Writs at $4.55.-.. 6,993 60 
 
 4( 
 
 9,314 
 
 $19,95900 
 
 SI 
 
 ;^! 
 
 
 % 
 
 '-' : . The $19,959 was within $1,088.12 of being half the 
 Sheriff's fees if they had served the 20,380 Writs, 
 
 But if process.serving attorneys made the services for 
 nothing, or at the expense of the profession itself, as we were 
 told verbally and through the ofc>lumns of the pre.ss was the 
 case, then the $19,959 taken from the Sheriffs was saved to 
 the litigants, arid neither the litigants nor the i)ublie had any 
 cause of complaint. -. ' 
 
 Although the foregoing declaration.s were JOiade by 
 
 members of Parliament orally^ and by mtembers of the legal 
 
 profession through the public press, Idid not believe tliem, 
 
 because 1 thought it very unlikely that men who would 
 
 utilize myself and other Sheriff's to collect, illegal fees for them, 
 
 . would not do the same thing themselves when a,n opportunity 
 
 .-was given them. So strong was my conviction that there * 
 
 was wrong doing in the practice of serving Process by Attor- / 
 
 peys that I determined to use all lawful and projier means 
 
 to ascertain the facts of the case, 'and I succeeded. I had 
 
 the tariff of Process-servings Attorneys in the Superior Court 
 
 long before I got them in tbe County Court. Here they are : 
 
 #> this is what the lawyers did. 
 
V-^'^ 
 
 f the 20,380 
 h gave them 
 
 \rere deprived 
 
 ..$ 9.479 70 
 ). .3,485 70 
 ., 6,993 60 
 
 $19,959 00 
 
 3ing half the 
 its, 
 
 e services for 
 If, as we were 
 press was the 
 was saved to 
 mblie had any 
 
 sre jnade by 
 i of the legal 
 believe tliein, 
 I who Avould 
 fees for them, 
 iji opportunity 
 on that there 
 cess by Attor- 
 projier means 
 aeded, I had 
 uperior Gourt 
 Here they are : 
 
 ___^^._ --.-.--._ __-^- ■-;_•- A 
 
 ''''" ' ■' ~ 
 
 .-...^;-: 
 
 ..^, 
 
 
 _,,__- -._. 
 
 Style of Cause 
 
 or Name 
 of Attorneys. 
 
 Anount 
 
 Collected bij 
 
 Attorney. 
 
 - pi- 
 
 ^ Sherifs' 
 [ Legal Fees. 
 
 Collected 
 .from 
 Litigants. 
 
 If 
 
 Samuel McNair V 
 
 t 
 
 2 
 
 8 
 
 ' -4 ' ^■. ". 
 
 V. ■ j 
 
 13 37 
 
 7 00 
 
 2 70 
 
 3 67 Sup.Ct. 
 
 Gearing &Whipple ) 
 
 
 
 ; ■•!' 
 
 
 1. Laudt'T & I'roctor 
 
 10 20 
 
 4 75 
 
 1 .55 
 
 3 90 C'y Ct. 
 
 2. Thos, Deacon...... 
 
 7 OOi 4 75 
 
 1 55 
 
 80 C'y Ct. 
 
 3. Hardy, Wilkes | 
 & Jones ) 
 
 10 40 4 75 
 
 1 55 
 
 4 10 C'y Ct. 
 
 ■ i ■■ 
 
 4. Meredith & \ 
 Meredith....,) 
 
 10 09 L 4 75 
 
 1 55 
 
 3 79 
 
 C'y Ct. 
 
 5. Charles Durand...j 8 50* 4 75 
 
 1 55 
 
 2 20 iC'y Ct. 
 
 G. Francis Rye ,.,.. 
 
 7 48 4 75 
 
 , 1 55 
 
 1 18 IC'y Ct. 
 
 
 53 67 
 
 28 50 
 
 9 30 
 
 15 97 . 
 
 . Coluraii No. 1 in the foregoing^ table shoWB. the amount 
 charged by Lawyers for issuing and serving Writs of Sum- 
 mons in the H. C. ^I. and C. C. 
 
 Column No. 2 shows the Lawyers' legal fee for issuing 
 a Writ of Summons. . : : ' £. . " 
 
 Column No. 3 shows the Sheriffs'legal fee for serving 
 a^ Writ. . ■■■ • 
 
 Column No. 4 shovrs the amount wrongfully taken from 
 the person served. / ' ;; . 
 
 Add $7 in column 2, the Lawyers' fee for issuing a Writ 
 
 "of Summons in the High (^oiirt of Justice, and $2.70 in 
 
 /{column 3, the SherifiV fee for serving it, making .1?9.70 for 
 
 issuing and serving ; slibstract S9.70, the lawyers' and 
 
 ' Sheriffs' legal fee, from §13.37, the amount chargeil by , the 
 
 Solicitor for issuing and serving, (as shown in column 1), and 
 
 you have a balance of $3.67 wrongfully taken from the per-' 
 
 son seived. Again.add $28.50 and $9.30 at the foot of' 
 
 
10 
 
 columns 2 and 3*Jhaking S37.80. being^he /^y^«^^ 
 Sheriffs' IcgaUees for issuing ^"^d serving 6 County Court Wilts 
 rsilmm'ns; substract $37.80 from S53.67. the amount 
 charircd by the Solicitors for issuing and serving 6 County 
 Court Writs, (m shown ,in column 1), and in columa 4 you 
 will find 8;i 5.97. wrongfully taken from the pmons served; 
 the Solicitor who issued the Writ in the High Court of Jus- 
 tice, pocketed S2.70 belonging ta the Sheriff. «"<! «^:67 , 
 belonging to the person served, in all $6^07 The 6 Solici- 
 torVwho issued and served the 6 Couiit^ Court Writs.pocke ed 
 $9.30 belonging to the Sheriffs, and $15.97 belonging to the 
 persons served, in all $25.27. ,,A11 the. Solictors said they 
 made the services for nothing, or at their own expense. 
 
 HadHonv A. S. Hardy, who receives J4,600yeatly 
 himself, been a man of high principle, (when he saw that 
 his own law partners had in addition to their ^ own proper 
 charge of $4.75 for issuing the writ, taken $1.55 beWing 
 to the Sheriff and $4. 10 belonging to the person served, m 
 all $5 65) he would have blushed and repudiated- them, .^^«t 
 would have iised his official positiott.to enact .jueh' laws as 
 , woujd protect Sheriffs and litigants fromthe wrongs practised 
 
 upon them. , ' . " » 
 
 It will be observed that for every $2.70 taken from the 
 Sheriff for services in tiie H. Q. J., $3.67 is taken from the 
 person served; and for every $1.55 taken from the Sheriff 
 for services in the County Court, $2.66 is taken from the 
 person served. The loss to the Slieriffs from thej serving of 
 9,314 Bills and Writs by lawyers was as follows;:— 
 
 Lawyers served 3,511 S. C. Writs at $2.7X).... .....$9,479 7a 
 
 « N{^- 1,291 Bills in Chancery at $2.70.. 3,485 70 
 «« .« 4,512 County Court Writsat-$1. 55 6,993 60 
 
 • - oJh Amt. taken from Sheriffs; $19,959 GO 
 
 The Lawyers charge the persons servej^ the' following 
 rates' for serving the same 9,314 Bills and Writs, viz., rates 
 shown in column 4 of the table; — — — — — r — ■ ' •■. ^ ... - \ — : 
 
Jr ■' 
 
 -■V ,,. 
 
 11 
 
 iwyers* and 
 Court Writs 
 the amount 
 T 6 County 
 limn 4 you 
 ions served; 
 )nrt of Jus- 
 r, and $3. 67, 
 le 6 Solici- 
 rits.pcjcketed 
 iging to the 
 '8 said they 
 otpenso. 
 
 ,600 yearly 
 lie saw that 
 own proper 
 )5 belonging 
 n served, in 
 dthem, jmd 
 iuok laWs as 
 ings practised 
 
 ken from the 
 :en from the 
 I the Sheriff 
 en from the 
 ie| serving of 
 sj:— . ■ 
 
 ,..;$9,4'79 7a 
 0.. 3,485 70 
 .55 6,993 60 
 
 ; $19,959 GO 
 
 the* following 
 ts, viz., rates 
 
 Serving 3,51^ Superior Court Writs at S3.67.... $12,885 p 
 
 1,291 Bills in Chancery at S3. 67.*. / 4,737 97 
 
 " 4,512 County Court Writs at $2.66 ..... 12,001 92 
 
 ^314 $29,625 26 
 
 Add amount taken from Sheriff... 1 9,959 00 ] 
 
 Tot^I taken hy Lawyers from Sheriffs and per- , 
 ^ sons serve^, for serving 9,314 Writs....... 49,583 26 
 
 I have shown that the cost of serving 20,38o' Writs by 
 Sheriffs would be $42,094.25, therefore the Lawyers, at their 
 tariff of fees, received $7,490.01 more* for serving 9^314 
 Writs than the Sheriffs WcAild have received for serving the 
 whole 20,380 Writs. * . >- . 
 
 ^When Maid such astounding figures before the public, 
 ^was it not reasonable to look to the Government to make a 
 K^earching enquiry into the truth or falseness of my statements, 
 and if found false to punish me. or if found correct to repeal 
 the law. , They did. neither, and now 1 challenge them to an 
 mvestigation, for I kold receipted accounts to prove the truth 
 of my statements. The figures in the table will p^Sve the 
 corFectnes^ of the amounts that I allege Were taken fromH& 
 Sherifts and the persons served. 
 
 The law I have quoted enables the Lawyers to take 
 nearly the half of the Sheriffs' fees for serving Writs. I shall 
 now show that the law as amended enables the Lawyers to 
 take the whole oHhe fees for serving Writs, and as much 
 more as they can get from the persons served. 
 
 In 1881 the members of the Ontario Government were : 
 
 Hon. 0. MowAT, Attorney.General. 
 
 " Adam Croqks, Minister j;clucation. ' 
 i ♦♦ T. B. Pardee, Com. Crown Lands. • 
 ; " O. F. FuASER, Com. Bublic Works. _£ ' 
 I " S. C. Woods, ProV. Tl^reasurer. 
 ;[" ^-S, Hardy' Prov.'Secretary. 
 
 Five Lawyers and oiie layman. 
 
 ,> 
 
 ■\l 
 
\ 
 
 fe.- 
 
 . *!, «iq95^19 Wft9 an average lossof 
 
 The loss of ^^^ *^^V shcrifta in Ontario. Had I 
 
 $539.43 to each one of thc^37_ & 9 ^,59.19, my net income 
 
 Leived $539.43. my share of th.,».^^^^ ^^ that amonnx 
 
 in 1876 wouhl have ^f " f^ Y^^^on e) would have been ^for 
 $2,221.31 (more than l^^^j^ ^"^ l^gsg. g'^nd lunch more has 
 
 Thi serving of Vroces. The f 9.^9^^^ ^^ ^,^ present tune, 
 been taken yearly" since 1«^^. ^ ^et income m 1876. 
 $3,^8.19 ™. as 1 1'ave^stated^^^^^^^ ^^^ ^g^9 ,^ Ac 
 Ld it was the same m 1877 an^^^^^^^ ^^^^ ^^^^ ,f mortgaged 
 •42 Vic, Chap- 20, which; tiansicis ^his Act occasions 
 
 t^rLuSlLiftstoLaw|ei.J^^ A^^V^ 
 
 :.tne a yeailyloss c^^W^ „y the Division Uint 
 
 Chap. 8, iucveasnig the J"\^^*"\ . ^riy loss of S60i.22 
 
 ah the serving of vvocess. ^ ^/^ y^^^^;^, ,„ake S912.38. In 
 
 - ave sittings of the Courts , ^f^^ trai.sfci«s tlie removal 
 
 1 880 the Act 43 Vic. ^VJl); j^^'^^titutions from Sheriff. 
 
 of persons from Gaols to Provineial liiHt^ ^^^^ ^^ ^^.^5 00. 
 
 ?o Provincial Bailin's, o««««^*^"S.7,erS^^^ ^ y^^aily loss 
 ke three Acts .>f 1879 and 1880^a^^^^^^ S3.618.irto 
 
 of Sl.187.38, and ^f^^^^lSt Seduction had ended, but 
 $2,430.81. . I.was h(»l.cfu^ t^^^^^.,^^^ y,,,,edby a^ 
 1 was sadly "^'f ^»^^'Vtr > Vovevmiient that for my temerity 
 ity of the membei^ (.f tlie ^'^>^"^^^.i ,^bbery) practised 
 Jexposingthe,)lumlj^-g(^^^^^^^^^ 
 
 by a large number of tlie "'^"^^>'; .gi^^.a, or Avhat would be 
 ierifland litig^mts. 1 ^^^^^^^S^ie Hon. A, S. Hardy, 
 better sfill--ruined. I am awau^^v g^ 600 yeaily.- 
 
 who in commcm with us «»^^^h^^ 
 
 including tlie ^««'^^«"^\ ^^^^^id nvake a charge^ lor the 
 was plain that no ^pntlen.mc(^^^^ ^^^^^^^^ ^ law firm 
 
 service of Procfess," ^"^ ^\^^*^, ^^,^^5 over and aboye their 
 Sherifi-s fees for the servitig of 1 rocess. . / 
 
 Here is the law 
 
 page 
 
 57, 
 
 referred to- Judicature xV/Jt of 
 
 18^ 
 
 »■ .'/i. 
 
 • .-4 
 
 -^ 
 
 ■:.\ 
 
 ■^^...u- 
 
 :/ 
 
. -if 
 
 'I- 
 
 . ORDER VI. 
 
 Sbrvick of Writ of Summons. 
 
 '\ ■ ' (First mode of Servia.) 
 
 I»t. "No service of Writ shall, lie required where Defendant by hil 
 SoIiCitoV accepts service, and undertakes to enter an appearance. 
 
 By this law the I^awyer is substituted fur the Sheriff to 
 make the serving of Trocess ami ostensibly to save costs to 
 theliti{£ant8, ill all cases the costs art! to be kept down at 
 the expense of the Shcrills, The Solicritor who uecepts ser- ^ 
 vice is entitled to a fee of oiie dijllar • is their anything in the 
 way to prevent a cliarge of two, three or four dollars being 
 made. I am told that the cost of sueh aeryices never c(une 
 under the eye of the taxing master, and are made at the 
 same rate as the cases 1 have given jn the foregoing table, 
 all of which were to be made for nothimj, ov at the exi)0me 
 of the Frofesdmi itself. 
 
 As Sec. 1 was intended to apyly to myself only, I regret 
 the Government had not enacted the following proviso, viz: 
 
 "Provided always that Sec. 1 of Order Vt. of the Judi- 
 
 • cature Act of 1881, shall only apply to the County of Went- 
 worth during the incuml»ency of the present bheritt, this 
 
 • would iiave protected other Sherilfs who are now sunermgin 
 common with myself, and without giving me any relief. 
 
 Hon A. S. Hardy was very solicitous about Sheriffs' 
 
 ■ interests, and saw that taking the fees from them-as would 
 be the case under Sec. 1 of Order Vl.-would lie very dam. 
 agina to thQiu, 'manfully: took time by the forelock, and m 
 
 - 1882 passed an Act authorizing the Oovernment to use the 
 
 ■ people's money torecqup the SherifVs in part for the 4^ees 
 : laken from them by himself aiid other Lawyers. It is the 
 
 first Act of the kind placed upon a Statute Book. 1 desire 
 ' tQ-call special attention to this Act in which the taxpayers 
 are interested. The Act is 45 Vic, Chap. 11. , . ^ ., 
 
 ' In I885,' Hon. Mr. Mowat passed the Act, 48 Vic., 
 Ch 'ft p. 1 3 , whio.h recoups me the gl.i87 taken from ii^Mjy 
 
 loss of 
 Had I 
 ncome 
 ,nK)ii"t 
 •en 'for 
 ore has 
 t time. 
 1876, 
 ;he Act 
 )rtgaged 
 ccasions 
 43 Vic, 
 II Court 
 S6G2.22 
 0.16 on 
 
 .38. I" 
 I removal 
 a Sheriffs 
 $125.00. 
 ,arly loss 
 il8.19 to 
 nidcd, but 
 y a majbr- 
 r temerity 
 ) practised 
 fession on 
 t would be 
 .S.Hardy,' 
 00 yearly, 
 It the law 
 rge for the 
 a" law firm 
 tiboye their 
 Joiilrt Writ, 
 int n^vking 
 ivliule of the 
 
 A/;tof 1881. 
 
 / '■ 
 
 .'/i. 
 
 • .-4 
 
 • - "SI 
 
 the three Acts passed in 1879 and 1880 
 
 ■V'^r- 
 
 y: 
 
u 
 
 # 
 
 The paymenes nvid© under Mr. Motvat'sfAfil from public 
 funds are defensi We, because the Acts which took the money 
 from the Shenfls 4re in the public interests, and therefore it 
 18 only fair and ju^t that the public should repay the Sheriffs. 
 
 v;.JAV^^'a''''i ^1'*^ ? ^5 ^ *^' *^«' '•«««'Pt« ^f ^y office 
 was $3,618. 19 and that the $1,187 taken by the three Acts of 
 
 itll n \ ^"^^«^» "-epa'd me by Mr. Mowat's Act of 
 
 1885. therefore anjjpsses I have sustained since, have been on 
 
 he non-servmg of Writs and SubpcBuas. The following are 
 
 »ny ydarly receipts since 1880 : 8 »«v 
 
 ....^......,...4..., 
 
 »••• •■*. 
 
 1882.. 
 1883.. 
 1884,. 
 
 1885 (Mr. Mowat'^Biil'made^thii inceaie) 
 
 ;IU- 
 
 lOOB, . . , ,,, , . 
 
 i«8ij......\... 
 
 yx 
 
 ■•• •••t asitc 
 
 • •'• • *%•• • • • • 
 
 ••••••• I 
 
 Amount 
 Received. 
 
 $I,4IQ l^ 
 
 ».503 30 
 ».S9S 90 
 •.9«5 37 
 2.493 93 
 a.783 13 
 2,700 26 
 2,827 67 
 2.77003 
 
 $20,029 74 
 
 «2 225\^S'?^^'7k^ gave n;»€ an average yearly income of 
 
 thin ft wa, n"^. «7«'"'' ^ r^^?' b«ing $1,892.66 less yearly 
 
 SmSS^H" T'™^. "'' '" ''^'^ 9 years has been< 
 $1 A5d3.94, this is the working of Sec. 1 of Order VI and m v 
 
 mvard for exposing transactilns that would have int anv 
 
 X7^r\'?t~''''''^- Und<!rtheautLrity 
 of Hon. A, S.Hardy's Act of 1882. about $3,200 of the tieoole^ 
 money is annually doled out among Some of tie ShSst^^^ 
 re^uj. t^ fces taken fn>.n'i:2ui".i 
 
 ot Order Vi and given to Lawyers. I fcelieve no other conntrv 
 can show so ingenious a contrivance to 'increalllwye^^'S 
 at the public expense. In the last 8 years ^25600 of tS 
 peoples money has been distributed in Ui^ way Wi?h dl 
 the payments made by the Government, the averaarilrfv ^ 
 income of 20 of the Sheriffs i« «i k^a in ';l "T^^S^ yeaily ^ 
 of the 20 Sheriffs r$l 879 I ^^^^^'^^'.^^ highest income^ 
 tu^^ 1 "*^""^ '^ >l,H79.51. I leave it to the taxDavpr<» • 
 hemselyes. to say whether or nbt they ait wimng ^^ be' ' - 
 taxed to support the. Lawy^rsptSherifl^ 7 ^ ^\ 
 
 '. ■ o -■.■■■-. 
 
 ;» •' 
 
>; 
 
 15 
 
 1 ./• n 'f ^^ij/^^v^rnment as constituted in 1881 (when Sec 
 I of Order VI. wa« passed) is fairly open to the chame .!^ 
 
 establislKMl In 1881 tl»« OovernnuMit was comp...s,.(l of six 
 rneinbers, hvo lawyors an.! .,n(, laynmn. I k. ow from 
 expononco hut Mr. Woo<l, tho lay n.nu. took no int U ^ 
 any hiw relutrnK to legal n.attem. and, theref<..e is in no 
 way responsible for the law <,f which I complain. Tie her 
 
 ' „1M J' ^ " ^'««' "«W Mr. Fra.ser and Hon. A. S. Hardy 
 alMawyers and semor ^lartners in law fmns. from which i 
 
 Z' thi 7 t'" ' f ^'^ ^ ItwilUeadi^^^^^^^^^ 
 
 seen that legalizing he serving of Process by Uwyers would 
 increase the foe.s and emoluments of the offices, ami would 
 
 nnit^in 'ft^T'lw''' following draft of a Bill wl.ich would do 
 
 to rZr fffr''"^''^' ^»^^' '^«^^ Pi^>fea8ion.would secure 
 to the Sherifls the work and the fees that belong to them and 
 
 would relieve the public fron^^the p^yn.ents I have refened toi 
 
 An Act to regulate the Serving of Writs of Summons 
 and Subpoenas m the Superior and County Courts. 
 
 ^ Her Majesty hy and with the advice amd conaentlof 
 the Legislative Assembly of Ontario enacts asfolloim: 
 
 fk If' .!? ^ ca8fs (in which the Sheriff is not a party) 
 the Shenff of each County shall be tlie only record 
 officer for the service of all Writs of SummLs and Subpoenas 
 and other papers or proceedings issued oft of the Superior 
 
 Ifvi.?"-!/- ?u"'r'. ^^^"»^i»g \ personal or substitutional 
 service withm the County of sadi Sheriff.- 
 
 _Jiui AlLWritg^of Summons issued out of the said Courts 
 leduiring a defendant to appear in Court, and also requirin« 
 a persona or substitutional service upon such defendant'' 
 
 Writ of Summons is to be seTved. 
 
 . t •■ 
 
 -V 
 
 ;» •' 
 
'11*1 i'.'i. 
 
 
 3rd. All 8itthp(innn« isatiod out of tho said Courts 
 ri>(iuit'ing u witncs.H to (ipixnir in Court, aiul uIho napiiriug^ u 
 ftorBoual or Hiibstitutioniil Norvtcu upon sifch witness, h\u\\\ be 
 directed to tho Slifiill' of tho C/OUiUy in whic^h the witness is 
 
 to bo served. . . 
 
 „-' . '.' ■■■,,, ■■■..■ f 
 
 4tli. Tliat it flhall bo tlio duty of every ftlierilT to appoint 
 a Baih'fV in every town or villnf,'o m his (Jounty distant Ifi 
 niih'.s or niori! from thcs County-t(»wii, and in which are two 
 ^ or wore Attorueya practieiu»», wIiuho duty itahall bo to receive 
 and 8erv<! (at all points nearer to such town or villaji;e than 
 to th« County-town) all Writs of Sunituttns or Sjjbpd-nas 
 iH.suod out of tho Superior or County Courts, and (lolivort-d 
 to him by the Attorneys practicing in such town or village 
 for service. 
 
 >5th. The Baililf in such town or vill|j|bwho has served 
 . the Process uiulur tin; provisions of Sj^4, shall forthwith 
 tran-shiit the ()rij,'inal Process with AillfllaviM)f Service and 
 Mile)\«;e to the Sherifl" of the C(Uinty, an<l the Sherifl" shall 
 mal^e the necessary ondorsation thenton, and stamp it with 
 J)is seal of oHice, and shall be entitled to charge his usual and 
 legal fees,, including Affulavit myj, Mileaf/c as shown by the 
 affidavit returned with the Original Process. . 
 
 6lh.nl, case the AVrit or Subpa'na is not fully and 
 completely dervecr within ten days after its receipt at thi 
 Sheriffs office, the plaintift", his attorneygg-^ agent, shall b 
 entitjed to receive back the same ; and fie" sheriff, deputv 
 sheriff, ot clerk, shall endorse thereon the time of the delivery ^ 
 and the dc»ts of the mileage and service of the writ or 
 snbi)CT'na, by.^yilit'erate person afterwards, shall, in dase the 
 person to fe*?*ifc«^/ was at any time during such ten days 
 within the C(^ffljH|jjkllh|ml in ti^e taxation of costs, as if 
 the service ha(|U|^^^^ierif|'tr his officer, 
 
 ' 7th. No 8(^||^Wtfl|T be val||^(y'appearaiice or answer 
 
 'can be enforced^ liiid n^payinont or proceeding taken ujion 
 
 any Writ of Summons or i^ubpcena issued out pf the Superior 
 
 or County Courts, requiring a personal or gubstitutional 
 
 service, unle . ss- and unt i l the original proceeding h a s «fc h& 
 
 Sh, 
 wit 
 
 Itu. 
 
 be ( 
 
 
 * Htit 
 
 the 
 sor\ 
 
 
 pro« 
 
 
 oft 
 
 
 or 
 
 
 Wri 
 
 
 ('(MI 
 
 
 pr..| 
 trih 
 
 
 livii 
 
 
 * scht 
 
 
 Won 
 
 
 tho 
 
 
 Iloi 
 
 id- 
 
 Stilt 
 
 USt! 
 
 him 
 
 Sher 
 shall 
 iu(jrt 
 
 Sher 
 
 $3,51 
 
 cent. 
 
't^-^ 
 
 I ♦ 
 
 ilp.- 
 
 ..I 
 
 yh 
 
 17 
 
 milt'Hs the sftiiio Ims been stimi) 
 Hfiil niMt it'omlt-tl in the J 
 
 )«>(l 
 
 i'<»<;«!.s.s 
 
 'li<!('oiirity ill which tin; .srrviruHliduld 
 
 fl 
 
 ''•.^'^^'•'t'-limsltM- nIdiII U\\ .my bill of cwts for 
 |uiiy \\ iSt nl" Siniinioiis i.r Siil.pd-riM issii.-.l „iit of 
 li.W (J r..unly ('<.iiit.s,'|f.M|.iii%' ,1 norsoiml or .stll>- 
 8t,tullHnuI ^.,^1,.,,. without the SluTiirVroliini tliWreoi,, utul 
 thn ntti.ml s.iil of tli.. .SlMMifT of til.. County in vvJiich the 
 scrv.c.. shnuM Im. vMWiM l„,in« uHixt-.l to thu un«iiuil 
 lU'oct-'eHtii^', p> 
 
 f 0th. All Acts or imrtH (.f Acts cotitmry to tho urovisions 
 of this Act art! hereby n'pciilnl. 
 
 Thf fnlluwfciiir lijll shews thut f Mill iiot actuiited by low 
 nr s..rfli.l inutivcs in nskinj; that all the foes for sorvin.' 
 UntH (.1 S.nnin..iis :in<r .Subpo.as in tint SniH-rior and 
 County Courts shouM b.' sccuivd to fho Sjioriirs. My IJitl 
 propos.-s that th.- Sh.'rin'H with thu lav-er inccnies shall con- 
 jnbutf cortairt pcrciuitagos of their inoonies to incieasu tiio 
 living's of Sherills who.s(3 jirosent incotnos are small. My 
 scheme ivoul.l Wive substantial aid to many SherifVH, and 
 Would 'relieve tlu; ].ublie fr.an the |.avmonts' now made by 
 the i>ublie for the support of Sherilis, as provided under 
 H..U. A. S. Ifaidy's Act, in Vic., Chap. 11, See. 15 of the 
 Statutelji of <)i»tario h.r 1882. i>a"e 27 • 
 
 ^^^re is my propo.s«'d Acfe: ' ir 
 
 1. Kaeh Sheriir shall l»e entitled to retain to hi,^ own 
 ustf in each year a]l tlie fees and emoluments received by 
 him in that yeai up to|2,;jO(K 
 
 2. Of the further' ifeesjiid emoluments received by each 
 Sheriir in each year, in e,:aness of $2,500, up to $3,000, he 
 shall be eiititled to retain to fcis o\\n use 90 per cent, and no 
 liiorc;. ; • ' 
 
 3. Of the further fees and emoluments received by each 
 Sheriir in each year, in excess of $3,000, and not exceeding 
 $3,500, he shall be eti titled to re tain to his o wn u se 8 
 
 ^^at- 
 
 cunt. and no more. 
 
■ ■ ■ .. .'/■■■■• ■■:■;... ■ 18 ■:.■;. • ■■'■. . ••■■.■■■. .■ ... 
 
 ^ 4. Of the further fees and emtilumonts received by each 
 Sherfff in each year, in excess of $.3,500, and not exceeding 
 $4,000, he shall be entitled to retain to his own use 70 per 
 cent, and no more. 
 
 5. Of the further fees and emoluments deceived by each 
 Sherif!' in each year, in excess of $4,000, and not exceeding 
 $4,500", he shall be entitled to retain, to his own use 60 per 
 cent, and no more. 
 
 per tail 
 
 fund S 
 
 sehem 
 
 F from ] 
 
 V. report 
 
 --^ . -^ 6. Of the fur-ther fees and erfioluments received by eaqjif^^ 
 Sheriff in each year; in excess of $4,'500, he shall be entitled 
 .to retJiin to ihiis own use 50 per cent, and no more. 
 
 7. On or before the 15th day of January in each year 
 each Sheaiff shall trunsmit to tliP Provincial .Treasurer of 
 Ontario a duplicate of the return required under Gliap. 3^ 
 43 Vic., Sec. 2, sftid shall also pay to the Provincial Treasurer^ 
 of Ontario' such proportion of the fees and emoluments 
 received byiThim during the preceding year, as under this Act 
 he is not entitled to retain to his own use. * . 
 
 '8. The fees and emoluments paid by the Sheriffs to the 
 rrovincial Treasurer of Ontario, under the ]>rovisionii of 
 Sec. 7 of this Act, shall be applied by the Government *to 
 supplement the incomes of all SheriQs whose net fees and 
 eiuohiments wm-e under $2,000 during the preceding year. 
 
 For issuing Subpoenas in the Superior arid Gouhty Court 
 - the Lawyer in paid $1.00. ■ . . ; 
 
 ■'■■'- .'■ ■ ■■' .) . •' . ■ " ■.-'■' 
 
 The Sheriff is- paid $1.45 for serving the first Subpa-na 
 arid' 50 cts. fci- every additional service. These are the tees 
 
 that have been taken from Sheriffs .since 1874. 
 
 ■ • ■ ■'■■•.■' . ' 
 
 \ , Another scheme for the payment of Sh«riffs is that they 
 
 %»■ should serve all Writs of Summons, Subpoenas and all other 
 
 papers or proceedings issued out of the High Court of Justice 
 
 or County Court requiring a personal, or .substitutional ser- 
 
 '" In i88S 
 
 "~ Su 
 
 . pocnas 
 munifict 
 
19 
 
 vice, and tliat ^U the fees ^receiverHhi- these «n(l other duties 
 pertaining to the ofHce shall be funded, and tliat from this 
 ftuid Sheriffs shall be paid by salary, I do not object ,lo this 
 scheme. Being unable to get all the ihfonnation I wanted 
 
 r from Inspector Winchester's reports, I obtained the following 
 
 X. report frora the pr6per Otticcrs. 
 
 In 1889 I obtained the following return showing "tiie 
 nuitober of Wiits of Summons that weie issued out of the 
 High Court of Justice and County .Court in 1888, also the 
 uuinber of witnesses examined in the said Courts, and how 
 thef serving of Writs and Subpa'uasvvas divided between the 
 . Lawyers and Sheriffs : — 
 
 HitiH Court OF JusTicBi 
 
 In 1888—7,555 \Vrits of Summons were issued out of this Court, 
 i •'•—5,541 Witnesses Were examined in said Court. 
 
 ••■:. GOVNTY Court. -^^ - .,■''.■.• 
 
 •■ ■■■ . ■ . ■ '■■■■ . • '■' ■'"''■■' ' ■■ '^^'M:^'-- "-■■'■' x^v '■'■'■ 
 .In 1888 — 4,204 AVrits were issued out of ihi^t^ourt. X 
 
 5' 
 
 " —2,802 Witnesses were examined in tliis Cdi^rti 
 
 In 1888 the Sheriff of Toronto received for serving Writs and 
 ' ~ Subpu-'nas in H. C. J. . ............ . . . . , ... ...... . . . . .$ 
 
 In 1888 37 Sherilis received for serving VVrjts and Subpcjcnas in 
 II , \^» j.b^..^.....*.,..*..'.....^.^...... •...*....... 
 
 In 1888 37 Sheriffs received fdrseryirtg Writs and Subpcinas in 
 
 •-.<-/.• ■ ■-,-'■' ■../ . - ' 
 
 c. c 
 
 •' • • yk 1 
 
 1.363 CIS 
 5^694 30 
 2,866 75 
 
 ; •. Total received by 37 Sheriffs for serving Writs 
 
 and Subpienas in II.C.J. and C.C in '88. ..$ ' 8,561 05 
 
 The $8,561 05 received by 37 Sheriffs for serving \yrtts and Sub- 
 poenas in the H; C.J. and C. C. in 1888, vvould give each of them the 
 munificent sum of $230.00. 
 
 , Writs AND SuBi'(KNAs SiiRVEi) HY Lawyers in 11. C. J.. 
 
 Of the 7,555 Writs, Lawyers served 4,900at Sheriffs' fees, $2.70^ 13,230 00 
 
 Serving 4,900 Writs at $3.67, (fee charged person/crved).^^<<\, 17,983 00 
 
 Of the 5,541 Witnesses, the Lawyers served 4,9;^ at $1.45 for 
 
 ..... 12,469 90 
 
 the first, and at 50 qts. for the remaining 4,937. 
 
 Received by Lawyers for serving Writs and 
 
 m 
 
 Subptcnas in the H. C. J. . , 
 
 .$ 33.682 90 
 
 X 
 
.^K 
 
 ./-^ 
 
 ■■ ;■."■,: 20- v.; 
 
 Writs AKu Suhfcenas Served by, Lanvyers in County Courts. 
 
 Of the 4,io4 Wrils issued, Lawyers served 2,448 at $'55 
 
 " Sherifis' fee. ........,....•..••■.•••••$ 3> 794 
 
 Serving 2,448 Writs at $2.66 (fee charged pei||n :ii(;rved) . . .... 0,51 ' 
 
 Of the 2, S02 Witiiesses, Lawyers served 2,514^1 $ J. 45 f""" 'be 
 
 first, and at 58 cts. for the ociuaininfj 2,513. • '.257 9° 
 
 3,794 40 
 68 
 
 Add/redeived fot scrviees in IL C. J. . . . . 
 
 $ 11,563 95 
 33,682 90 
 
 Total received by Lawyers for serving Writs 
 
 and Subpitnas in H. C.J. and C.C. .....$ 45,246 85 
 
 ' ^ The Liiwyei-s deprived tlie Sherids of $20,752.00 frir 
 
 sc^rviug Writs and Subiiu'iias in the II. C.J. and C.C. Tlie lo.ss 
 
 to each of the Sheriffs is $riG0.O0, a niOHt lil)eral donation to tlie 
 
 ■menthers of the U-^^al Trofessicin. For the inf(»rnuition (jf the 
 
 public I shall show tlie Solicitors' profits on the Writs and 
 
 *■ Sub[»ccnas issued out of the H. C. J. and.C. C. in 188B. 
 
 nn;n Court JisTicE. 
 
 l'8S8. .7,555 Writs issued out of the I L C. J., at $7.00. ...... ..,.$52,885 pp 
 
 ^ " 5,541 Suhp.unas " " " : $1.00.... ......' 5,541 OO: 
 
 $58,426 00 
 
 CK. 
 
 Paid.for 7,555 Stamp.'', at $1.00.. . ..... .... 
 
 " 7t555 hiant; forms, at $10.00 per 1000.. 
 
 *' 5,541 blank subpiL-nas, ". " .. 
 
 This is the profit on an expenditure of $7,685.96, 
 being over 625 "per cent........... 
 
 •$7,555 00 
 
 75 55 
 55 41 
 
 7,68; 96' 
 
 $50,74004 
 
 ■ ■- \ County Court. ; 
 
 iSSS, 4,204 Writs issueJ at $4,75 .$19,969 00 
 
 " 2,$02 Subpccnas, at $i.0o. ............. .' .:........ 2,802 00 
 
 $22,771 00 
 
 1 888, By paid for 4,2,i?4 Writs at 60 cts ...... , ...$2,522 46 
 
 " " " 4,304 blank forms at $10.00 per looo 4204 
 
 ^,1v.vy, 
 
 2,^02 blank Sul.>p(cnas, 
 
 28 02 
 
 This is the profit on an exi)unS^ture (,;f $2, 59246, 
 being over 750 per cent... .....-?*...... .... 
 
 2,592 46 
 ,-$20, 178 54 
 
 The Lawyers' profits for tsiuina Writs arid Subpa^rlas in '88 ivas $70,918 ^8 
 <« " ■ strviiig " " " :** 20,75200 
 
 Total of Lawyei-s' profits for issuing and serving Writs and 
 
 I Willi \Jt i^a n y %^i3 ifi*jii\,3 *wi i.3ouiit^ «.•»> » ov,« » •••^ ....i. ■»»..'-• 
 
 Hubpa-nas in 18S8 . ............ $90,670 58 
 
• -. -v 
 
 1^- 
 
 •T:- 
 
 ■t 
 
 21 
 
 It would be thought by tlie pubhc that with the large 
 profits made by solicitors en the work that properly belongs 
 to, themselves, that it would not be necessary to supplement 
 their incMunes by ft'es belonging to the SheritVs or the public, 
 but it is done. In 18H8 the ■ShintiUs received |8,5G1.05 for 
 serving Writs and Subpcejias, and in the sanlfe year the 
 Solicitors received S20,7r>2 belon<'in<' to the Slieriffs for 
 serving Writs and Subixenas. The njend)ers of the legal ' 
 ])rofessiou are not to blame for taking the fees for serving 
 WtititoMid Subpanias, for the. law as made by the Ontari(i 
 G(i.vjHptent in 1 881 gives them tjie services. The Ontario 
 Jfji).yc^hient are the responsible j><i;i'ty, from wliichthe Sherilfs 
 ^^fll&llrc public nnist obtain redress, ► . 
 
 A few words about Mr. Wincliestcr, Inspector of Legal 
 Offices, and his report of IHth April, 1890. 
 
 Shortly before the Ontario Electi(jns, 1880, I sent a short 
 statement to each member of the Government showing how- 
 the Ac't of 1881 ellected myself. A few days afterwards the 
 Inspector called and asked muxt^^^^'^'l' 4"'*^'t- 1 did as he 
 r€([uested. No doubt he ^ame at the reipiest of the Gov^L^^fii- 
 inent, who knew tliat in thuisferriiig. Sheriff's lees to Lawy(:*r3 
 under the A(;t of 1881 they did a meanand indcjfensible.act, 
 which /they, tl id not wish to have discussed before the electoi^. 
 Auain 1 received a letter from Mr. Winchester on the loih 
 Jan., 189(1, asking for the bills of costs 1 have ]>ublislied on 
 a ]»reccding ])age. He said he wanted them because some 
 Solicitors, declared th(!y were forgeries. I did not send him 
 the t^riginals, but on tlie 14th flanuary sent him a pamphlet^ 
 •witli correct copies of the bills of costs printed in it. On the 
 10th Feb., 1890, iVhvWinchester sent me a 14-i)ag(^ letter, 
 which I looked ujion as a bluff game sheet to try and keep me 
 ([uietat theapin'oaching (Jhtario Electkons. : I reidied that it 
 would l)c much more satisfactory tome if he wouhl go with 
 me to the country and defend tlu; law which occasioned me 
 , such heavy lo-sses. Ontbelotii April, 1890, Mr, Winchester 
 made a report to the; Govwnment, showing his avowed 
 intention of })lacing me in a fak^^ position before the (iovein- 
 . jnent and the jmblic. ' Being tinable to obtain all the infor- 
 ' matioh I wanted froih Mr. Vvtfichester's reports I got a 
 
 II 
 
 "^^ 
 
m. 
 
 teturn in 1889, published on a preceding page. Mr. 
 Winchester says that this report is not only incorrect but 
 misltading to the public. The only mistake in it was 
 charging $1.45 for serving all subpoenas, instead of $1.45 for 
 the first service and 50 cents each for all the rest. The 
 following are Mr. Wincliester's reasons for saying that the 
 report is incorrect and misleading, viz. : 
 
 , " fh the first place it ism- vvell-knowri fact that all the 
 
 Writs of Suninions issued in' a year are not serv e d e it herin 
 
 that or any subsequent year, and many of the Writs are 
 
 served by the litigants themselves, or, at their request, by 
 
 some local colistable, officer, or other person employed by the 
 
 party, whilst hot a few are accepted by the defei^lants' 
 
 solicitors in order to save not only the expense of service and 
 
 the irritation of being ;served by a public officer, but some- 
 
 tiMes to avoid the <j;reat expense of serving parties out of tiie 
 
 ju risdiction. My experience is that a considerable number' 
 
 .of WritB^re not served by .Sheriffs for these reasons. ' With 
 
 referenefy to SubpoMias, the greater number of these are not 
 
 served fey solicitors or their clerks, but by the litigants the«i- 
 
 selves in order to save expense." 
 
 I ask for no better proof, in support of the contention I 
 have advanced, than this testimony offered by Mr. Winches- 
 ter, Inspector of Legal Offices, and which api)ears in print as 
 his mature opinion. Inspector Winchester, whilst hurrying 
 to the defence of an unjust law, in his zeal overreaches him- 
 self, and in the defence of an untenable position blunders into 
 the admission that Sheriffs' fees ar^ pocketed by litigants 
 themselves making the services, or, at their request, by some 
 local constable, olli.cer or other person employed by the 
 party. An honest Solicitor who js not engaged in the serving 
 of Trocess tokl me tliat the services are .made as stated by 
 the Insi)ector, but that the plaintiff s solicitor enters the fees 
 fis if the service hud been made by the Sheriff. I mdst 
 respectfully suggest that Sheriffs may be permitted to aid in 
 the work of benevolence and' mercy, in keeping down the 
 disbursements of tlie suit and saving costs to the litigants, lha<?i 
 being the primary object as shown by Mr. Winchester. 
 What I suggest could be done in the following fnanner : A 
 
(23 
 
 Writ for which a SoliiMtor ^ets $7 could bo issued by ft 
 Sheriff for $3.50, artrt-iKjVijt for which tlio Solicitor ^rets 
 !f4.75 eonhl be mM by a Sheriif for $'2.37 ; and for a 
 Subpccuft for which ti Solicitor <,'ets $\ could be issu<"d by a 
 Sheriff for 25 ceiit.s. / Uy a united elfort on the part of Solici- 
 tors and SherifTs, dfalin<,' out each olher'.s fees, .suUstantial 
 reductions in law c(Jst.s w(.um be made to litigants, and that 
 
 On page 2 of his repo t Mr. Winchester wrestles with 
 the improper taxation of the Dills of Costs I hold in my 
 
 hands. He does so with th( 
 
 a false position before tlie \ 
 of jirele vant matter he v^'iiti' 
 
 ivo wed intention of placing me in 
 4d)lic. After Stating a great deal 
 »\res to nmke tlij/ following state*- 
 nient, which is inconect an\| misleadinyas I shall i)rove: 
 ""In the taxations Mv. McKell}Vii,.refer.si<); eveii if they were 
 assumed to be correct as a matte*- j/^^argument (I am told 
 they 4ire not so admitted), there is only one in whi(!h the 
 Solicitors have charged more for service than the Sheriif would 
 have been paid. Had tlie services chargetl for iii tlie other . 
 bills been made by the Sheritf, instead of by the Solicitors, 
 the charges to their clients would have been not less than 
 what wa^ charged but greater; for not only would the 
 Sheriff's fees have taken the place of the Solicitors' charges for 
 service and aflidavit, but there would have been additional 
 fees allowed to the Solicitor fyr attendance on the Sheriff witli 
 and for Writ, and to pay the Sheriffs ^fees." I shudder at/ , 
 the recklessness of the man making such an imtruthful state,/- ■" 
 ment, when he knows I have the evidence in my hands .. to 
 disprove it, For the information of the public '^I shall- -tax 
 the Bills of Costs referred to by Mr.' Winchester himself: 
 
 ■ One Solicitor charged $13.37 for issuing and .Serving a 
 Writ of Summons out of the High Court of Justice ; six 
 -Solicitors charged $53,67 for issuing and serviug six County 
 Court Writs of Summons. Mr. Winchester gave me a tariff 
 of fees, showing that the Solicitor's proper/fee for issuing a 
 Writ in the High Court of Justice is $7, arid that the SherifTs 
 proper fee for serving it is $2.70— the fee for issum^; and 
 serving is $9.70.. This taken from the;$l3.37 charged by the 
 Solicitoi- shows a balance of $3.67 Wrongfully taken from the 
 
 ,>,.v , 
 

 ■ ■■■;,' ^ - ■ 
 
 V Mr Winohcstcr's tariff of fncS!i;hoNvs that the 
 povson served. Mi. ^'f^^' ; ^y^.j^ j.^ the Cuimly Court 
 L^KUto^^pvoper n3e^^>r |s. n ^^ ,,, ...v^., it is 
 
 seiviiignt'"'"")''^'""'^^'''"-' • 
 
 ihenff 5 fee for .cfm«.V — ' 
 
 [ig 
 ..$37 So 
 
 { 
 
 I 
 
 Sher 
 
 6 Com.ly Ci.uil W"l» • :••-•••••• 
 
 accounts tor .111 nio I. i>si'^, -n. ti.o ttrilV of fi>cs "ven to^ 
 
 f ,. \f \< «;tvictlv in acordance with the t.iun oi i[t^ „';^ 
 
 ^'' r'v.h rills bv .Inhu Winchester, Ksq., rnspector of 
 
 ■ ri^^Ofe 1 e;.uh.r willseo allthe calcn^ given 
 
 I^gaV <^^^^; ^^^^, ,f,,^^ ^^ -.^ , table on a prec .dinj^ i>a:^e^ I - 
 
 , <vbov(! m a c^.nci^^ i ) i ^:,.,i,e^t^.i.'^iono paragraphs abmt 
 may say ni re^^^ml to J^'; ^^^ ^f^, j^,,,i^^thAn^ 
 the taxatn .n ot ^:;;;> ^^^^^ I', . ^,t can these oincers 
 
 ^ omcei's 'J^:; ^HU'';^'^'''^^ ^'^^l;^^^ .,^,,,,,,t to th,in? Certainly, . 
 „„t.. 1.1. uw ,^^^ _^^ ^,j ,,,,_^^ then' 
 
 ^';"''' it W™totlvi,,.r fettled with the i,l,untitf., 
 vnl;;^ t,.^ t:!^ olllee cty tlH' CO*,, which vvere 
 
 ■ s^s WW ;"u, ix ^;Aii"V,;i'J;,ueaj;i . f.,.!.. s.™ 
 
 !f $ 5S)7 Won^-ing t,. the six Jefemlant.. K.m- „ he 
 
 OI 
 
■4 
 
 K 
 
 x:-^:t^^^''^r'i :•"■ ;t"w;,!;:i.!:::f';i:s 
 
 in tlK'ir '••lif'^- . .,- 
 
 \fv Winchestov says tint the Act I ol'jeel to, viz. &i 
 VU- t uv^T s' ^^^ -a «4, ha.ri..r,l |n full lun. s.nc. __. 
 18^^ ^ S then h. lellH UH , it was ca.ri..l mto the JuMsol.- 
 
 bo..n i.. f.rc. only 4xy.nr., whon U .us ^- - ^ ,;' \^^ 
 all sncceciing (loV.Mnnumts uut.l \«' ;^; / ^*',,:^^' „.,„ f^^ly 
 .passed over beeanso .t ts an unjust la n .^ has lucn y 
 llfnionstrntea since its ve-enactment m 1H74. ■ . , 
 
 1 deny that Sees. 1 and 2 of Order VI., <.f the Judica- 
 ture A £lLl ten in f^ree 4(1 y^avs ■ My ih.t re^- ^or 
 -.ay.n,so.that^noS|>..iiri^.^n^^^^^ 
 
 j,a.sin}^ 'f .^»;« ^^'^t^-'^/rJ ;^^/ to sonie ^herik out of 
 uniler which paynients '^^^ '"•!''- ^'\ J "' .>^ 1 ^,^„t 2 of 
 IV I' I i . (lio <fnin"est evuteiu'i^ tltat otH ^. i <iu'i *- " 
 puUhc lands IS tliestu.ncbit^ _ therefore, tlie 
 
 Order VI. were not in l^^mi _ Ul 1S8 ,^|i.^« .^ 
 ■ Ontario (loverument^ .ts const.t,a.M -^«^]-^^i. ^ Jer VI./ 
 thecrcditoi;i.iiH.|-fnu--^ 
 
 1874, l8Sl,^min^anjd Jf^ Ontario, as constituted in 
 
 'ri.«\- •!»•<. iMiini(»us to oneiins ami ii'.'n'"'"''- » >■' ^ , 
 
 : , o„e. ..,0. >^'^-n^;^^,:;^r^^^™ ""-^^ 
 
 '■I 
 
 / 
 
 / 
 
y^-' 
 
 *■ 
 
 ^^'■ 
 
 26 
 
 vl^- 
 
 A \ nriih^ -llat Dec 1888, 1 wrote asking him to let me 
 ^^ tS^.^ ont JlSh \he Onler ana Scs.. 1 an^ 
 
 enacted, and received the folU.wing reply : 
 
 ' "' OFOOonE Hau.. Toronto, 2nd Januarf 1889 
 
 / Yours truly, 
 
 / - (Signed) ' JOHN WINCHESTER. 
 
 ItHE HON. A. Mch'El.LAH, •■ ■ . • 
 
 / Sheriff, HAMii/roN. 
 
 T have on a former page shown that the Order referred to 
 
 AdJSrvl SecB.i^>d2. of the Jndicuture Act of 1881 
 
 VIZ., 'Jrnev , ' ♦;mqqi i,n(1 huve ffiven my reasons, fejr 
 
 „as nut n. f-;;»^,>8f f, »f, !^ ; ^,„p. 7/see,. 83 and 
 
 «?';;lich wa TaWin 1853-havebeenin force. ixy.*, 
 
 , !*ilh rtZfcvred to the eonsolidated Sututes or Ul>P« . 
 
 ranada in 1859, where it lay in » state of repose I'til 1881, 
 ^■"^ .*,",,„„, tv-two years, when it was resurrected by the 
 
 . :rpli4 -;ll „fthe lega. profession who were m.m- 
 bers of the Ontario Government in 1H»1. ; 
 
 Writs of Summons in Common Law were not ^always : 
 allowSl^b^Lved by Solicitors, asshown by the following 
 
 » decisions of the Courts : ; " 
 
 WhMehead vs. F&thA^^ v 
 
 The Statute 2, George IV., Chap. 1, whlch^ is m m' ^ 
 force dSects that the Process shall be served ^ 
 Sepiity or lav^iul Bailiff. (See page 3 of thts book.) , ^ 
 
 ';■..:-■;■" ■,.■:..■:,■■■;■■■. - ::-^-'^M«an,v8. 4«^»*^^ "-""~^" "'^ ■"i; ": .;: : 
 
 ' The Pr^vmSial Statute positively directs that thp Wi^ 
 
 ! The Frevlnciai oiaiuLK puo.t.»...j „ , ;: r, xeef 
 
 shall IM^ 3^ by thp Sheriff cH^lnslawfuH).puty or^Baihff^l 
 siiai* wv, ..v...^^- -y _ , i,v.i,i fUat o.ov p.« of ri'ocess made m 
 
 shall be served oy inn >->»bii» u. ...o ........ - -., ., , . - 
 
 tav^?h^r manni^r is in^gular. (See page 4 of this book.) 
 
 v.:/- 
 
 --^- 
 
\ 
 
 
 27 
 
 '><, 
 
 1 could give more dccisicxns similar to these. Until tlio 
 .law is ma<W as it was at the time these decisions were given, 
 both Sheritls and litigants are at the mercy of the Lawyers, 
 as demonstrated by the facts Ihave laid betore the public 
 
 Mr. Winchester says : "On the 10th February last, I 
 wrote Mr. McKellar calling his attention to the facts ab..ve 
 set out. and stating that should he refuse to retract 1m« nus. 
 statements now that they were pointed out to hnn, T woulU 
 certainly take upon inyself to report the mjvtter to the G«»verii- 
 raent for action." \ 
 
 ' This paragraph relates to Mr. Winchester's 14 pageletter 
 which was a bluft' intended to keep me «iuiet until after the 
 Ontario Klections were over. I di.l not then, nor do I now. 
 see anything to retract. I answered, suggesting that he 
 would go wiSi me t.. the country and defend a Goyernmeiit 
 which made laws that deprived myself aiid other ^l'-^>^^ j^ ■ 
 the gueator part of their means of living. This ho respec fully 
 declined to 'do. and Ke acted wisely. Mr. Winchester being 
 anxious to place me in the fiilsa positi-.n of 1)eiiig| t;i^« '^"^^ 
 Sherift- coniplaing of the. acts referred to, said "1 am 1/kased 
 to state that Mr. Sheriff McKellar has iu)t the supj^urt of any 
 other Sheriff in the Province in making these statenionts. 
 Like many more of the InspectorVstatements, thu* is ]iutiue ; 
 I have the evidence at hand to disprove them. 1 «."l^;"»t the 
 following retitiou.signed by 3o of the 37 Sheiufls then m 
 Ontario: 
 
 To the Honorable, the legidadve A^scmJdyof the Prov- 
 ince of Ontario : • " 
 
 The Petition of the uyiderdgned- Sheriffs of the said 
 
 Province, Hunihly Sheweth : 
 
 , .1st— That owing to various changes made in the Law 
 
 within Uie last f^w years-more i.articularly the sale of I^nda 
 for taxes, and enactment of the Bankrupt Law-many of the 
 dutL formerly discharged by Sherifts have been transferred 
 to others, thereby greatl)^ reducing Uie enu^luments of Uie 
 Sheriffs' oftices. \ ' 
 
 If 
 
 ■\ 
 
r' » '« » « W H »'*••<'» 
 
 I ■::/;■ 
 
 J. 
 
 Superior Ouuils «-..o.ou4y •"'■■™*',,,,,i;' ',;,,„ „»., . 
 3v(l -That one of .tVio vi-'Qip'^l itom«_ "U which the 
 
 CvisecV SlutiiUs ut Ontario. Chap. 50. bees, l-^ ai.l -^ 
 ' dtl. That Uu' h!a(hni' nvof.-sHionul mnn, at the IV»'. "i 
 
 .«;;„ilv \dll, si;,.M cl,u.act..vize „„.mbm of tb. leKal 
 
 •"^"KhlTLat L,1.,:vcl..ss ..f tl..^ „..M„.«r,-of tl„, U..,-^ of 
 ■ which vo...- v..lit.."er, l.av,. ,.veat reason l_o c.m,,.h.,.., m 
 
 ;'Z,a;h^^o,^sla,,Uy viola.,.l,oO,U.sjnr .,d W^ 
 Sl...iitl' emDhiyins; lh« .■ .)Wi.xl.;rks or .>tliei» to puLiiii. i...- 
 
 S!;;;v:;.^;iih4f-^^ 
 
 •a,me then.h.t^ in the interest of the^infuvtunate l.tigant. 
 ; ; 0th -In gtn^wev to th^ f^ea of'-n-ent „ecess.ty"vwonia 
 .m t e atteutiun ofyouv Hunomblo H.m.e to th« lac ha , 
 W-i return .htainea'in 1877, thy nunto of 
 n'Un al n i suea in Ontario, m. the •v)receed,ns year, was 
 Tv^l. tV t -u ^three luinavectaud eighty ; ofth,^ nu.U k-r 
 ijlS.S, three hninlred xverc served by other^than; he 
 ^uAm^i wit^lnn Eiglit hu^h mI a nd ,eveHty-hnir of ben g 
 
 bt; defended on the plen, of "mgent necessity. :. ^; 
 
 
J • ,. 
 
 :2«. , 
 
 7tli -Tlmt in an»wer to the iil«a tlmt wl«n sCTvicM «re 
 
 .u,.,i,. ,„. tc. c.,ii...u»i, would ».a..; i'"'\""-v'™, ' ^r ,; 
 
 ,^1, lelvic,., ana f,-.,,«ontly, if not alw.y., ...ud. mo>-u Ihan 
 would have been paitl the Slieiin.. . 
 
 8th.--y..ur I'etitioners l.e« to «tatp further i« reply to 
 the assertion "that for services nmcle by others than a hhei IT 
 ^^SMicer. no fees can be eolWacd/' in as nu.ch as m 
 
 • TaxiuLMnastei nv ill' not alh.vv fees for such services that 
 S;^;r\han halfihe smt. are. where ^^^V-^^^ 
 arfe commenced, ana in which writs and other l"'P^»^ "? 
 
 : sewed n»ver go to jud|.ment, but are settled m the Atto ney a 
 
 , X. where!; Bill of Costs i« F^wf '^f t'''^^;;^! ;'t 
 
 Defendant who, as a vule. atJts without an Attoi ney , s 
 V]S t-ant'of the legal tarilT of fee^ and ^^^^ . 
 ^Tout of the clutches of the law on >uiy t^rnis an ^any 
 eost navs the Bill of Costs as presente.l ; which tlu, e>c oi 
 ftS;^incer never -sees, and which as ^; ^^J «;";f ;;;^ 
 a sum in additi.m to the Attorney's own ^'J^f ^^M^^mts 
 ail ntiig to more than double the l^,es to which the bheutt 
 • woid<l hate been entitled had he made the service. 
 
 ' "^Oth -That the services made by attorneys, their clerks 
 and J^ ers than the Sherift" or his odicer. are clneily made n 
 ^nl and Cities where little time is lost or labor iK^stow^d^ 
 
 ■^^Z. and other parevs to ^^^^^^^^'Ji 
 distance and whose resictences are freciuently unkmivn are 
 ■^ t; the Sherilt; whose Mi"; -V uidre^uent^^^ 
 W iournevinas and unremitting eflorts. fails to hnd the 
 DlSa putting the Sheriil U. great expense, for 
 which he Aeceives no remuneration. 
 
 lot/ -That it is no coihmon thing to^bc toM^verbaUy 
 
 HnTitint bv many of such members of the legal profess- 
 
 ':;f a'i^e ';^^n"he Serving of Process, and who it may 
 
 on as^ie e"o^^ ..avment of a long overdue account, or 
 
 / -^ / - ■. 
 
•r .m*^' 
 
 30 
 
 f 
 
 temindiuK your petitum.ra of their aeiimidcinc^. u,K,n thjmi. 
 UH they (Su ut their rleanure increase or duun»«h your UU- 
 tioueru' incomes. 
 
 llth -Tlmt they slio.iUl i.M be placed in this huu.ilita- \; 
 ti™> IVtion tl at tl„, law shouhl clearly deflne, a..d ..cu e 
 
 their enforcement, as well as foi the pron^jt a 
 performance of them. 
 
 -I2th-That the Clerks and Bailiffs of the Division 
 , Cou../^ a. ,>aid hy f^ Z^^t^^^^^^ 
 
 and pay Hailifts, are not «" Pf"^"^^^^' 7' ''.«*" ^ y^l 
 papers which should be served by a » '« J^ f ^^rs em? 
 coLnonly served by Division or Court Ba.Ufl or ^^^^ 
 ployed by the Solicitor foi that purpose, is fully P'"^«" Jj 
 nimentary evidence in the possession of your petiUoners. 
 I3th.-4ln view of all these facts, your petitioners 
 res,>ecS.lly Submit that the practice of Process «ervmg l^ 
 Attbrneys. or others employed by them, is 'JU act of g «at 
 injustice to the honest practitioner who pays ^ »^^™ 
 though a Sheriffs otticer. as well as to y^^^^P^^'^^^^^v 
 whos'fees are wrongfully pocketed by others without 
 
 benefit to the public. 
 - -Uth -In conclusion, yoar petitioners"^ humbly pmy, 
 that your Honorable House may be pleased to appoint a 
 ^nj;;^.1lV.re whom they im.y l^^heard more^l^ 
 touchina the matters they coiiiplam of, with a vilw oi 
 rabllnl ^ Honorable Heme U, do whut may .ppear j«8t 
 and proper in the premises. 
 
 ■ And your petitiorters as in duty bound wUl ever pray.^ 
 
 - 1" John McEwin, Slrerifl^ County «r Essex. . -_ _^i y 
 
 ' James Fliritoft. Sheritt', CoUnty of La'o^ton. • / 
 
 James i? iintoiv, onc»i.., v^v^.-j -- - . ,, 
 William Glass, Sheriff, County of Middlesex. 
 CoUtt Mun i o, Sheritt. County of >.lgin. 
 
 .■■/ 
 
 George Perry. Sheritt; County of Oxford. 
 Thomas McConkey. Sheriff, County of Simcoe 
 
> '^%- 
 
 ^.. 
 
 '*>. 
 
 ti 
 
 Gftorgfl l)avi(U.»n. SUeriff, (J<.unty of WRterl.m. 
 Kolwrt lk«Kiy. Shoriff, CViUtay of lVt;l: 
 
 John HoH»i«. Sh.^ritr, C<ninty «.f I'enh. 
 Jo8ei.h,MauRluui, Sherin; County ot.rey.. . 
 
 K.)Wit Gibhoi.H, Sheriff, County of Huron. 
 
 WiUifim Sutton, Sheritt, County of Hruce. 
 
 PeU.r (low, Sh.'riff. County of WellmKton 
 
 FAlniuiul I>oeilH. Shi^riff, County of NorlolK. 
 
 aSi McMIhv. Sheriff. County of Wentworth. _-_ 
 
 John Smith. Sheriff. County of J^;*^"^' , - " 
 
 Rol»ert Hobson. Sheriff'. County uf We land. . 
 
 Oeorae Keini)t, Sheriff, County of V ictona 
 
 S^ V. klK Sheriff. Co^vof I'reacott and 
 
 Sv 
 
 
 k-*-,-* 
 \ 
 
 ^'""NehoiNi Ken..lds>Sheriff. County of Ontario. 
 
 WiUiainf^eU, Sheriff, County of Carleton. , ^ 
 
 John Mercer. Sheriff. County of Kent. . 
 
 Sn H. li.vi..S).enH; County of H^«^nd. 
 (4 <! MeKindsy, Sheriff County of Halton. 
 K;^S Shidtn Counties of Northumberland and 
 
 ^P^'^jL^b Hall. SlfevWf. County fj^^f^ ' 
 
 ' O T 1. y.rSh"rifr.Oountioa of Lennox and Add.ngton. 
 ' * J«,nes GUtespie. Sheriff. G.nnly of I'r.nce Mward. 
 
 — D, a. Mclntyre, Sheriff Countie. of Stormont, Dnndas 
 
 and Glengarry. 
 
 It. Carney, Sheriff, Algoma. ^^^^ ^_^^l_^^_ jg^g^ 
 
 
i 
 
 H' 
 
 ■■■;■■ ■;■ ;'. ^ ^ y--:' ' ',■■;■■■ ' - . 
 
 T1.. Sh^^rim* then \M a meeting, coutrilMitea^$2()0 ^nd 
 Tlie Shentts tien ^ ^ of havm^ the law s.v 
 
 nitained a Solicitoi in "'^ i^ . j ^ and means ..f 
 anuMuled a* to aecnre f^n ' ' ^^ '^ o the: Government 
 living; but nothnij^Juis ^^^ ;^^. ^^"''Had an indivi.lual 
 tnvninK a ^-^^^^f ^'•:;V«^^ ^fo.Jenm.ent 
 or a con,i«vny d.)ne ^^^^^^^^^^ ^.^^ those employed > 
 take the fV^es or waives ^1^^) .^5^^^^ ^^ ^ ,^, that justice 
 
 by thjnn, the^trc^arm c^U.U^^^ ^^^^^J^^, ,^_ 
 
 so-called I^efbrm^Govc^— 
 
 for, and many other SheiilU ''•^>^ !^^^'; ., „ ^f^vernment who 
 
 or a New Government." 
 
 I now closej wishhvg a Happy New Year and good-bye 
 to all my own-fr^end& in Ontario. 
 
 / ARCH. McKELLARi 
 
 ^ Hamilton, Jan. 10th, 1891. 
 
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