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d STATEMENT OF FACTS AND F 
 
 SHOWING iroW TlfK I'liOCESS-SEKVINlJ ATTOU- 
 NEV8. UNDER THE (lUISE OF MAKINO SERVICES 
 FOR NOTIIINU, AT THE EXPENSE OF THE ATTOR- 
 iVEVS TJfEMShLVES, TO SA \W^J COSTS TO THE 
 LITIGANT AND KEEP DOWN THE DISBURSE- 
 MENTS OF THE SUn\ JU)R,JiEl) ROTH THE SHElf- 
 IFFS AND THE LITIGANTS. 
 
 -^. 
 
 ilSO- 
 
 SHOWING HOW THE SAME RliOCESS -SERVING 
 ATTORNEYS UTILIZED THE SHEKIFFS TO Roli 
 THE LITIGANTS, FOR THEIR BENEFIT, RY CHARG- 
 ING LARCJE AND ILLEGAL FEES ON FI. FAS. OR 
 WRITS OF EXECUTION. 
 
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.fL 
 
 A STATEMENT ol lacts and figures show- 
 ing how the Prccess-ser'ving Attorneys, 
 under the guise of making services for 
 nothing, at the expense of the Attorneys 
 themsel es.lo S{> ve costs to the Htiga ii t ; i ( i d 
 i <eep down the disbursements of the suit , 
 robbed both the :=5hei'iffs and the htigants 
 
 Showing liow the same Process-serving 
 Attorneys utihzed the Sheriffs to I'ob the 
 htigants, for theii' benefit, by charging 
 large and illegal fees on Fi. Fas. or Writs 
 of Execution. 
 
 The Goverinuenl of Ontario, liaving, uiulur tliu ])rovisi()n.s 
 of llic .hi(iicature Act, eiii] lowered the Jadne.s of the Sri]H'ri(ji' 
 ("oiiJls to make and n-uulate tin- Sherifis' tariff of i'ees, us 
 well a.s to declare how and l)y whom all paijcrs in lej^^ai 
 procecdina.s issued ont of the said Courts re(iuirin«4' a jicrsonal 
 service shall be served, and as tlie serving ol' such jjapers 
 by others than the Sheriffs is one of the most grievous 
 wrongs practiced u})on them and the i)ublic of which they 
 complain, it is the Sheriff's duty to i)lace all the evidence 
 in their possession in support of their com])laints of the 
 wrongs practiced U])on them and the ].ublic by the Process- 
 serving Attorneys before thi kludges, that they may there- 
 from be enabled the better to do that which is just and right 
 to the public, the Shei'iffs and Attorneys. With a view to 
 that end, I beg to submit the following fact« and figures, foi' 
 the truth and correctness of which I am ready with proof 
 
 On the evening of i Uth of Januaiy, 1877, a motion was 
 made by Donald Sinclair, Esq., U. \\ P., for South Bruce, 
 asking for a veturn of the number of Writs of Summons 
 issued out of the Su])erior and County Courts during the 
 preceding year, (1870), and also a return of the number of such 
 Writs of Summons as were served by the Sheriffs. The 
 Process-serving Attorneys, in the House and ont of it, saw that 
 if the motion carried it would disclose a ]ti'aetice discreditable 
 to those who were engaged in it, as well as damaging to the 
 Sheriffs and the public, as 1 shall prove before T havt^ done. 
 The Process-serving Attorneys in the House opposed the 
 
iDotiun vigorously, dccluring : lal, tliat if tiiey made stervicuH 
 they made them for nothing ! ! ! and 2n(l, that they made 
 services to keep ilovm the drHhumements of the unit, and 
 save costs to the litigant! ! ! Tht; motion was dropped, and 
 very shortly afterwards 1 was assailed through tin; columns of 
 the press for having inspired tlu! motion — which I do not deny. 
 The first of these famous epistles a]t])eared in the Globe of the 
 0th February, 77, over the signature "A Pradicing Latvyev." 
 He says : "Now, 1 know, us a lawyer, that lawyers are in 
 the habit of serving many ympers, including Writs, and they 
 do it for two reasons : lirst, ti) expidite business, (for il" 
 papers go into the Sheriffs' hands they are likely to remain 
 there a long timej, and secondly, to decrease the disbursements 
 of the suit. Lawyers cannot charge, and do not, foi' serving 
 Writs or Subpoenas." I discovered that this self-styled 
 "Practicing Lawyer" was no other than an old Puritan m.med 
 (Jharlie Durand, who, I was told, had an office in a garret 
 in a back street or lane in the neighbourhood of the Voai 
 Ofhce in the City of Toronto, where, in addition to his duties 
 of a "Practicing Lawyer," he also, as he tella us, served 
 many papers, thus combining in himself the duties of a 
 Practicing Lawyer and a Sheriff's Bailiff', but he denies his 
 otiice is in a garret, he says it is lower down ; well if it is 
 he is not as near heaven as I hoped he was, but being . "er 
 down he will be much more accessible to his clients whi^a 
 he is with us, and nearer his home wlien he takes his 
 departure. Notwithstaiuling all "Practicing Lawyer's" pro- 
 testations that lawyers cannot charge, and do not for serving 
 Writs or Subpuinas, I tell him I hold in my hands the 
 receipted and taxed Bill of Costs in a cause in which he was 
 Plaintifl "s Attorney, served the Writ of Summons himself, 
 with no mileage, and charged and collected- iTii.60 more than 
 his own legal fee. Had the Sheriff made the service, his 
 fee would have been SI. 80, but the "Piucticing Lawyer" took 
 $3.50, being within 10 cents of a sum equal to tv/o Sheriff's' 
 fees ; he pocketed $1.80 that belonged to the Sheriff", and a 
 further sum of $1.70 that belonged to the litigant and was 
 wrongfully taken from him. Oh, Charlie, Charlie, repent 
 in your lower office, and disgorge before you take your 
 departure. 
 
My next as.suiliint was an oM iiiaii iiaiiu'd rraucis Jlyc, 
 ol' Jiuvrii', (<) wlumi I ^ivc ciiMlit lor liavin;j; liont'.stly tatlicrcd 
 his It'ttcr uvor his own i)ro|itir name "Alcoliolic," as it is. His 
 letti'i- uiipearcd in the Glohr <»l' ihv. HUh FcUruavy, 1877, 
 jiiat ten days alU-r tin- publication of 'i'raeticing Lawyer's" 
 letter in the same paper. Mr. Ry<' iliseoiirst's as tollows : 
 "i havt' never known a ease of a solicitor ('liar«;in<,' his client 
 with Sherill's lees, (!r with a lee eiiual to what u SherilV's lee 
 Would be loi' servicer o<" a Bill in Chancery or Writ of Sum- 
 mons where the Sheriff was not em])loyed, and as to charoinn 
 .Sheritfs fees besides his own fees for the service — {which 
 'Wouhl he a fraiululmt chariie) — this, 1 netd hardly say, is a 
 practice entirely unknown to my |>rulession." 2^he (•xistcncc. 
 of Huch an officer as a 7\ixiiif/ Master appeavfi to have been 
 entirely fortjotten Itij the writer of the article 
 
 If such a ihin^ as chargin<j; a client with Sheriff's {in^^i, 
 or a sum e(|ual to what a SherilV's fee would be is entirely 
 unknown to the profession, such a ihinji a^ ehari^inj^ ii dcfcii- 
 (lant witli Sheriff's fees, or with it sum much larger than the 
 Sherill's fee would b', is not unknown to Mr. Rye. who, as it 
 Would appear from the receiiited and taxed Bill of Costs in 
 the cause Watson vs. Servois, which 1 hold in my hands, the 
 Writ of Summons havino been served by himself, he chavfjccJ 
 and collected $2.7o more than his ow n le^al fees. ''Ife seems 
 to have entirely for(/otte)i. the e.risfeiirr of such, an officer as 
 a Taxing Master." W'n, .^ood old R\v chanjed and rollecfed 
 S2.7o more than his own legal fees. If the Sheriff had made 
 the service his fees would have been S?1.80, therefore Rye 
 pocketed SI. SO that behjnged to the Sherifl', and 9:5 cents 
 that belonged to the litigant and not to the Attorney or 
 Sherilf. Rye pocketed within 87 cents of a sum e(jual to 
 two Sherills' fees in addition to his own. This is another 
 example of the advantages to the public of having services 
 made by the Attorneys 1 ! 1 
 
 During the debate on Mr. Sinclair's motion, one of the 
 members arose and said, "I object to com])elling peo])le to 
 serve Process through the Sheriff when the Attorney himself 
 wouhl serve them for nothi/tifj ! ! ! — vide G^/o/>(^, 11th Jan., 
 1877. Not many months aftci this declaration 1 obtaincMl a 
 receipted and taxed W\\\ of Costs in a caiise in which tlu- 
 
a 
 
 Att(ii'iiey wlio iimdo the above declamtioii was plaintiffs 
 Attorney, served the Writ of Summons himself, and charged 
 and collected $4Sjo more than his own legal fee. And this is 
 the man who would have the public believe such services 
 were mudcf for nothin<j;. Had the Sheriff made the service 
 his fee would have; been 5ii?1.80. The Attorney took i$4.95 
 over and above his own legal fees, being within 45 cents of 
 a sum eciual to three Sheriffs' fees in addition to his own ; 
 in other words he pocketed $1.80 that belonged to the Sheriff 
 and $3.15 that belonged to the litigant, and not to the 
 Attorney or jiny other. 1 followed u\i the men v/ho had 
 s]K)ken and written in defence of Process-serving by Attorneys 
 and failed to find 07ie who, iis in the cases I have cited, 
 failed to charge and collect a sum equal to from one to ttvo 
 Sheriffs' fees in addition to their own. 
 
 Now let us, for the sake of argument, assume for a 
 niomont that the services are made for "nothing," and see 
 how it could be defended. Both Lawyers and Sheriffs are 
 jjaid by fees for the performance of certain duties, and from 
 these fees it is assumed they will obtain a, fair and reasonable 
 income. To the Lawyers belong the duty of issuing all 
 pai)ers in the Superior and County Courts, for which a tariff 
 of fees is provided that, so far as 1 know, is fair and satisfac- 
 tory ; but no tariff of fees or provision is made to pay them 
 for serving them, for the makers of the law never intended 
 they should perform that duty. To the Sheriffs was assigned 
 the duty of serving all papers issued out of the Superior 
 and County Courts requiring a personal service, for which 
 the Judges (who framed the tariff of fees for both Lawyers 
 and Sheriffs) made a fair and satisfactory tariff of fees for 
 such services. The Sheriffs, of course, employed Bailiff's 
 etjuipped with horses and conveyances to perform the duty 
 assigned them ; but alas ! comi)aratively little of these duties 
 fell to their lot ; the Process-serving Attorney, by himself, his 
 Clerk, Division Court Bailiff', or any other he could find, had 
 the service effected outside the Sheriff's Office, while the 
 Sheriff had his officer under pay and ready to perform the 
 duty. Now, assuming that all the services were made for 
 nothing, (which I have shown to be untrue, and of which I 
 shall give further proof), was the Sheriff' not as effectually 
 
^= 
 
 and coiiiplctely fslutll I say robbctl) deprived of his h'j^al 
 fees and meaius of living an etfeotually as if the inon^y 
 were taken from his till, and as I shall now show, the 
 ])ubli(', are sutfcrin*^ as well as the Sheriffs, as the follow- 
 iii}4 causes of wiiich I hold the taxed ami receipted Hills of 
 Costs, all by Att(»rnt'ys who either in their speeches on Mr. 
 Sinclair's motion in the House or afterwards throu«,di the 
 colnmiis of the press, said that the services were made by 
 the Attorneys themselves for "vothuKj" or to reduce the dis- 
 bursements of the suit and save costs to the liti;j;ant. f invite 
 the public to the list of taxed Bills of Costs of Attorneys who 
 made these declarations, and ask if they made tlu; services for 
 iKtthin^', or did they rcMluce the disbursements of the suit: — 
 
 NO. I COURT. 
 C. C. 
 
 c c. 
 c. c. 
 
 STYI.K til'- CAt!SH. 
 
 Souttfr vs. Servois. . 
 U'atscm vs. .Servois 
 Soiiter vs Servois . 
 
 I AMOUNT 
 ( HARGRI) 
 
 $ CtH. 
 8 50 
 
 7 48 
 
 C. C Smith vs. Mercer... 
 
 C. (• 
 
 C. C. 
 
 C. C. 
 
 'V\\ iiii.son vs. Simpson 
 V.';lliams vs Wood. . . 
 Uishcip vs. |)ijuul:is 
 
 10 
 
 1 
 40 
 
 i 
 
 ' 10 
 
 <«) '■' 
 
 7 
 
 60 ' 
 
 7 
 
 iij 
 
 Att'y said I,;iwyeis cannot "1 
 charge for strvin;; Writs • 
 and Siil)p(LMias. I 
 
 Att'y said charge would he \ 
 a fr.mdulent charge, and he [• 
 m.ido II. ) 
 
 Att'y ohjected to conipell- | 
 ing people to make serviies ' 
 through the SherilT, when f 
 Att'y Would servf ilieni for j 
 nothing / 
 
 Atl'y Slid the law was plain ) 
 that no legal nentleinaii ■ 
 could rhari'e for ilu- service ' 
 
 Att'v s,iid if Lawyers made 1 
 service it was at e.\pen«e of '• 
 Frofe-sioii i'self | ! ; ) 
 
 Amount 
 Taxed off. 
 
 $ cts 
 3 60 
 
 ' 73 
 
 5 45 
 
 5 '5 
 4 74 
 
 i 10 
 
 a as 
 
 $61 ?7 
 
 $a6 
 
 It will be observed that the Attorneys in the seven 
 foregoing causes in the County ('ourt collected for them.selves, 
 over and above their own legal fees, the snug little sum of 
 $26.02, being 82 cents nior'> than a sum equal to two 
 Sheriffs' fees. Had th(! services been madif by the Sheriffs, 
 instead of by the seven Attorneys, their fees at i?1.80 each 
 would have been $12.00, and not $26.02 as was collected 
 by the Attorneys. Therefore, these Process-serving Attor- 
 neys who told the public they made the .services for nothing 
 to reduce the disbursements of the suit and save costs to 
 the litigant, have done so, first, in the ffdlowing fashion, viz : 
 by pocketing $r'.60 that belonged to the Sheriff, and 
 secondly, by pocketing $13.42 that belonged to the unfortu- 
 nate litigants, and ought not to have been taken from their 
 
jttickL'ts l»y iicilln'i Sliciill' (»r l.awyrr. I think I liiivc hIiowii 
 pretty cU'iirly iiiid (loncliiHivcly tlmt the servieeH are imt 
 iiiii(hi U)V"v.othin(f"! ! ! iind I tliink i/ [h aim tix chui'l if proven 
 ilidt the t<fi'vicvH are not made "to keep iloft'n the dislyarne- 
 metif-^ of the suit and sare costs to thr lit'njanf"! ! ! Hut even 
 if the service.s were nuule lor imtliinj^, mid where too it cost 
 the Attorney n(»tiiint» to nmke them, it deprived (or shoiihl 
 I siiy robheil) the Slicrill' of th(! le^'iil fees tlmt heh);iged to 
 him as comph'tely luid elVeetually as if the money were 
 taken from his till, for while the Sheriff hii,d his Bailiff under 
 pay iiiid niady to perform the dnty, tin; I'loiu'ss-serving 
 Attorney chos(! to have t-he, service made outsi'le of the 
 Sheriff's ollice, under the false i>retenc(! as I have shown, of 
 makinj^ the services for ''iiothintj, and sane costs to the 
 lit'ajanfs, <&;c.;" while as 1 have shown by the recei])ted and 
 taxed Bills of Costs of the very nien who made these declara- 
 tions in sj'eeches on the floor of Parliament and throu<i;h the 
 columns (.f the jn'ess, that they chan/ed, (ollected and 
 pocketed a sum lar^jer than a sum equal to two Sheriffs' fees 
 in addition to theii' own, like my good old friend Ifye, who 
 had entirely forgotten the existence of such an ofljcer as a 
 Taxing Master. The Process-serving Attorney in like 
 manner seems to have entirely forgotten that his own 
 tariff of fees are much larger than the Sheriffs, and that 
 upon these he might draw and distribute his charities with 
 a liberal hand without any great diminution to his nicome, 
 and besides he would in his decdining years have the conso- 
 lation of knowing that he had used his own and not the 
 Sheriff 's money as he is now doing, as he says, "to keep 
 down the tlisbursements <jf the suit and save costs to the 
 litigant"; ! ! For the information of Process-serving Attornevs 
 themselves, as well as for the public, I annex the Attor- 
 
 neys tarill ot tees 
 
 tor issuing, and the Sheritts to 
 
 r serving : — 
 
 ATIOKNKV'S FKKS lOK 
 ISSUING. 
 
 sm''K 
 
 COl'RT. 
 
 COUN 1 Y 
 COURT. 
 
 SIIKklH-'s HKRS l-OK 
 SERVINO. 
 
 suh'k 
 
 COURT. 
 
 COUNTY 
 COURT. 
 
 Instructions 
 
 $ cts. 
 3 OO 
 
 2 OO 
 I CO 
 I CO 
 
 O OO 
 
 $ cts. 
 
 3 OO 
 I OO 1 
 
 o 75 \ 
 50 1 
 
 50 1 
 
 Receiving and Filing. . . 
 Serving each Defendant 
 
 Drawing Afiidavit 
 
 CJominissioner 
 
 $ cts. 
 25 
 J 50 
 
 »s 
 
 c 20 
 50 
 
 $3 70 
 
 $ Cts. 
 
 10 
 
 
 I 00 
 
 Special Kndorsement 
 
 Copy of writ incl'g all notice 
 ■X Notices allowed in C. Ct. 
 
 35 
 n 30 
 
 Return 
 
 25 
 
 
 $7 OO 
 
 $4 75 
 
 
 $1 80 
 
Ilaviiij^' givoii the Attonu'VH' h'j^ul tiirifl of feuH lor 
 iHsiiiiiff Writs of Smumons in the Suixirior riuI Cotmty 
 ConrtH, mill tin* Slicrilfs' h'^ul tariff of foes for scrvinji; tlu'in, 
 llu! piilflic I'Hii rmiilily src liow much bettor l\u\ rroress- 
 scrvinj^ Atlonicy liiiiisclf coiilil afford t(» deal out his 
 (charities with ii hlxuiil hand witli his fees thau the 
 Slioriff could. Tlif Proccss-scrviuij; Attorney ini;j;lit W(dl, in 
 order "to keep down the dishurs(MuentH of tlie suit and save 
 costs to the litigant," rcduci; his own fees to the full amount 
 nf the Sheriff's f(!es, whicli wouUl save as much costs to tlie 
 liti^'aut as if the Sheriff's fees liad been taken for that 
 purpose, and tlie I'rocess-scuving Attorney would still have 
 within $1.70 of a sum ecjual to tw(t Sheriffs' fees left to 
 hiniscdf; this fact the l*ro(M\ss-S(aving Attorney sj^ems to 
 havt! entirely overlodked or lort^otten ; it is to l)e hoped he 
 will neither (tverlook or fori^et it in the future. 
 
 Before the close of the year 1877 I obtained the 
 information asked foi by Mr. Sinclair's motion on the 10th 
 of .lanuary of the .same year, but which th»j Le{<islature did 
 not grant. The Ileturn showcjd that in the preceding year, 
 (I.S70), the nund)er of Tdlls in Chancery and Writs of 
 SumuKuis issued out of the Su])erior and (Jounty (Courts 
 were as follows : — 
 
 COl 
 
 INTV 
 
 COURT. 
 
 $ 
 
 Ct.S. 
 
 
 
 10 
 
 I 
 
 00 
 
 
 
 25 
 
 
 
 30 
 
 
 
 25 
 
 $1 
 
 80 
 
 fssued in Chancery (!ourt, 2,579 
 
 " Superior Court 0,550 
 
 (bounty (!ourt 11,245 
 
 Total Bills and Writs issued in 1870 20,380 
 
 Had the Sheriff served one copy of each, their fees, 
 exclusive of mileage, would be as follows : — 
 
 Bills in Chancery, 2,579 (a), $2.25 $ 2,802 75 
 
 Writs in Sup. Court, 6,550 (^ 2.70 17,701 20 
 
 County(J., 11,241 ^), 1.80 20,24100 
 
 $43,744 95 
 
 Of the 20,380 Bills and Writs the Process-serving 
 Attorneys served the following number : — 
 
In Court of Chancery, 1,291 @S2.25 $2,904 75 
 
 [n Superior Court, 3,511 @ 2.70 9,479 70 
 
 III County Court, 4,512 @ 1.80 8,121 60 
 
 Th(* Process-serving Attorneys deprived the 
 
 Sheriffs of their fees S20,506 05 
 
 We have shown by the rec(;ipted and 
 taxed Bills of Costs of the Trocess-serving 
 Attorneys that they charge and collect from 
 the litigant a sum rather more than two 
 Sheriffs' fees in addition to their own, there- 
 fore we raiist add as taken from the litigants.. 1^0,506 05 
 
 Process-serving Attorneys pocketed this 
 amount belonging to Sheriffs and litigants... i?41,012 10 
 
 Of the S43,744.94 to which tiie Sheriffs were entitled 
 they only received 823,238.90 ; the Process-serving Attorneys 
 pocketed the balance of $20,506.05, with, as their own 
 recei])ted and taxed Bills of Cost prove, .^20,506.05 more 
 from the litigants ; a new and novel method, truly, of 
 "keeping down the disbursements of the suit and saviug costs 
 to the litigants"! ! : 
 
 Another Return was obtained last December, showing 
 that from the 1st day of August, 1S81, to the 1st of Decem- 
 ber, 1884, the number of Writs of Summons issued out of 
 the three branches of the Superior Court, viz., Q. B., C. P. 
 and Chancery, was 23,151, and also a Return from the 39 
 Sheriffs of Ontario, showing that of the 23,151 Writs of 
 Summons issued within the time specified they only served 
 8,655, beiuij; onlv 9.")8 more than one-third served by the 
 Slieriffs, showing that the Process-serving Attorneys were 
 rather increasing than decreasing the practice. Had only 
 one copy of each of the 23,151 been served \)y the Sheriffs, 
 their fees would have been, exclusive, of mileage, as follows : — 
 
 Issued from the Superior (Jonrt 23,151 Wiits @ 82.70, 
 362,507.70, which would have given each of the 39 Sheriffs 
 in Ontario an average of .81,602.76, but instead of getting 
 that amount they only averaged 8600.11 each ; having served 
 only 8,655 of the 23,151, the Process-serving Attorneys 
 having served 14,396. 
 
From the issuing; and st^rvin*; tlie Atlorneys vcoeived 
 tlie following sums respectively : — 
 
 Attorneys received for issuing 28,1 51 Writs 
 
 in Superior Court ^ S6.00 *138,906 00 
 
 Attorneys received for serving 14,396 at 
 
 Sheriffs' fees («^ .^2.70 38,769 20 
 
 Attornciys received froni litigants an addi- 
 tional sum e(|ual to Sheriffs' fees ;5S.769 20 
 
 Total received hy Attorneys for issuing and 
 
 serving .ii;l84,444 40 
 
 Of tlie 23,1")] issued between the 1st August, 1881, 
 and the 1st December, 1884, being three years and a third, 
 the Sheriffs only served 8,655 0( i72.70, 823,038.50. This 
 sum would give each of the 39 Sheriffs an average of S006.1 1 
 for the three years and four months, being at the rate of 
 .1^181.80 per annum. Had the Sheriffs served all tiui 23,151 
 Writs, as the law intended, ♦•ach of them would have had 
 $1,602.76 instead of 55606.11 as the services made gave 
 them, and the public or litigants would have been saved, as 
 I have shown, $38,769.20, whicli neither Lawyer or Sheriff 
 should hav» had, but such are the results froui Process- 
 serving by Attorneys. 
 
 1 have 30 far only shown how the Proc^iss- serving 
 Attorneys robbed the Sheriffs and the ]»ublic. 1 shall now 
 show how Sheriffs themselves were utilized for the same 
 purpose by the Process-serving Attorneys. Shortly after I 
 entered upon the duties of my officii 1 observod that Fi. Fas. oi- 
 Writs of Execution issued out of the same (Jourt and frequently 
 for nearlv the same amount, had different amounts charged for 
 the Fi. Fa. or Writ of Execution. 1 could not understand 
 how such different amounts could be charged for what 
 appeared to be work of the same kind and jimouut, and had 
 almost come to the conclusion tliat each Attorney was left 
 to the freedom of his own will to charge what he ])leased, for 
 the charges ranged from pve to fifteen dollars. ] went to 
 the Taxing-Master and asked him if there was any fixed 
 tariff' of fees fOx the issue and reneual of Fi. Fas. or Writs 
 of Execution, or could each man charge what he pleased. 
 He said there was a fixed tariff for that an for otlier work, 
 
tM 
 
 I 
 
 3, 
 
 II 
 
 10 
 
 iiiid sliowt'd it t(i lilt'. I ilcKMiniiietl to be jioverned by the 
 legal tiuil!', uiid iiistruoted my Hailid" fuid OHicers to that 
 t'llcol. I had iK^ver robbt'd fur my.self, and could not see 
 why I sli(tiil(l lub for othcis. I was then tohl by sonu* of 
 the Attonii'ys \\u'.y would not give mo, their pa))orH to serve, 
 and 1 niu.U do thcni the justice to say they kept their 
 jironiise. I have a vivid recollection of a Ki. Ka. or Writ of 
 Kxecutii/U in the Cnuiity Court for S2()() being placed in my 
 hands against an honest, hard-working niiin, who was doing 
 his very best U) pay it. I instructed my Bailiff to be as 
 lenient with him as possible, and having noticed that I was 
 conmianded (that was the word) to collect 5B10 for the Writ 
 instead of ^2.'2d which was the legal fee, 1 instructed my 
 IJailiff iit his peril not to collect a fraction more than the 
 legal fee ; he followed my instructions, the money was made, 
 and a cluMpie sent to the Attorney the day foUowing ; and, 
 would the ]-ublic believe it, that he came to my office and in 
 a most impertinent and olfensive manner demanded an 
 explanation why 1 had not collected the SK) as he had 
 ordered me — in other W(jrds, why did 1 not rob the unfortu- 
 nate litigant of !?7.75 for the Attorney. I replied 1 had 
 collected tlu^ legal fee, and 1 would do no more for him oi' 
 any othei'. Wtdl, he said, 1 shall giv(^ you no more ])apers, 
 which rendered into ))lain Knglish was saying, if you will 
 not rol) for me, I will rob you. I never felt so strongly 
 tem])ted to give any man a seat on the toe of my boot as 1 
 did in the case of this impertinent pu])py, but he took his 
 departuie and denied me the privilege. I made inquiries of 
 other Sheriffs, and learned that the practice of making large 
 and unlawful charges on Fi. Fas. or Writs of Execution was 
 universal, and to be found in every Sheriff's office in Ontario. 
 Many of them told me they knew the charges v»'ere exhorbi- 
 tant and unlawful, but said, what are we to do, we are at the 
 ■mercy of the Attorneys, our incomes at best are small, and 
 if we refuse to collect these over-charges they will give us 
 no papers to serve, and will ruin us. No man could better 
 than myself bear testimony (from sad experience) to the 
 truth of that statement, and 1 came to the conclusion that 
 for the time being we must, to use a common expression, 
 "m'in and bear it." I came to the conclusion that the best 
 
11 
 
 way to bring the. giievjinccs ol' which the SlieriU's coinphiiiuHl 
 under the notice of the Government W(»ul(l be through nu 
 in'le|)eu(lent ollicer who wouhl visit our otliei^s, see liowthey 
 were niiiniiged, give us advice and instruction, and liear our 
 coniphiints. 1 suygested tlie u|)))oinlinent of an Inspector of 
 Sherilfs' olHces to the Aftorn(;y-(TenerHl several times. I did 
 not fully enter into the various reasons I had for the recom- 
 mendation, but ihougiit that a Sherilf who managed and 
 worked his ollicc honestly and i)ro])erly would be pleased 
 and encouraged to have tiie a|)proval and testimony of an 
 able, honest and etlicient otticer, sucii as 1 was confident the 
 Attorney-CJeneral and his colleagues wouM appoint, while on 
 the other hand if the Sherilf were inetticient, careless or dis- 
 honest, tht^ j)ublic interests would be protect(Ml by tlu^ 
 insjiection and immediate re])ort of such an ollicer to the 
 Govennnent. Immediately after making the suggestion I 
 set to work with a view of ascertaining the amount that was 
 wrongfully taken from litigants on over-charges on Writs of 
 Execution; I received Keturns from 1(S Counties, showing 
 that on 1,219 Writs oi' Execution in the Superior Court in 
 the hands of the 18 Sherifl's on the day on which they made 
 the Keturn there w.is an over-chary;e of ?8,77tS.72, bein*' an 
 average over-cliargt; of S7.20 on each one of the 1,219 Writs. 
 In the County (Jourt there were o,()92 Writs of Execution 
 in the hands of the 18 Sheriffs at the same date on which 
 the Superior Court Writs were I'cturned, and on these there 
 was an over-charge of S20,7()(i.02, being an over-charge of 
 i^i).62 on each of the .'),692 Writs as seen below. Some time 
 after the Keturns which I herewith ])ublish, carefully ])re- 
 pai'ed copies were prepared, which I publish herewith. If 
 Pieturn'5 had been received from the 21 Sheriffs not heard 
 from, I have no doubt the over-charge for the whole Province 
 wouhl be double the amount returned to me ; say over-charge 
 in Superior Court S8,778.72, over-charge in County Court 
 $20,766.02, sav double for Province 859,088.48. 
 
12 
 
 ((JOUI)S AND LANDS) 
 
 SUPERIOR COURTS. 
 
 A StiiU'iiu'ut of V\. ¥',\. Lands mid Goods, issued out of the 
 Su|)( rior Courts, in the linnds of the Sheriffs of the eighteen 
 Counties hereinafter named ; showing the nuniher of writs, 
 the charge for writs, number of times renewed, amount charged 
 for renewals, charge for writs and renewals, legal charge and 
 overchartie on writs and renewals. 
 
 COIN rv 
 
 Front enac Lands, 
 
 ■• (lOOtls 
 
 Prince F.dward ( looils, 
 
 Lands, 
 
 Wentworth CiDods, 
 
 Lands, 
 
 " Lands, 
 
 Huron (loods, 
 
 " Lands, 
 
 Renfrew ( loods, 
 
 Lands 
 
 Lennox & Addington.doods. 
 Lands 
 
 Lanark Cioods, 
 
 " Lands, 
 
 Storinont, Dundas) .(Joods, 
 and (HcMyarry I .Lands 
 
 (jrey (loods. 
 
 '■ Lands 
 
 Norfollc (loods 
 
 Lands 
 
 Prcscott & Russell . . . ( loods, 
 
 ... Lands 
 
 L^'eds it (Irenviilc. . .(lOods, 
 
 ... Land.s, 
 
 Kluin f Idi'ds 
 
 Lands 
 
 I'eel Goods 
 
 " Lands 
 
 ( )ntai io Lands 
 
 GooHs 
 
 Penh Lands 
 
 " Goods 
 
 K<sex Lands 
 
 '■ Goods 
 
 Haldiniand Lands 
 
 Good.s 
 
 1 
 
 f Writ 
 
 >2 
 1| 
 
 - '* 
 
 ged for 
 ewals. 
 
 Charged 
 Writ 
 enewals 
 
 Charges 
 
 Writs 
 
 enewals 
 
 3 
 
 S^ 
 
 . u 
 
 a 
 
 •«=^ 
 
 -5^^ 
 
 
 
 
 = ai! 
 
 J=a5 
 
 i5-T3 
 
 M'^-O 
 
 J5 
 
 '^ 
 
 /i 
 
 <-/ 
 
 = 
 
 
 
 $ cts 
 
 
 $ cts. 
 
 $ cts. 
 
 $ Cts. 
 
 39 
 
 520 00 
 
 26 
 
 308 00 
 
 828 00 
 
 2S6 00 \ 
 
 5° 
 
 538 00 
 
 16 
 
 ■83 44 
 
 721 44 
 
 295 60 1 
 
 24 
 
 190 00 
 
 27 
 
 168 00 
 
 358 00 
 
 221 10 
 
 23 
 
 2 So 00 
 
 32 
 
 322 00 
 
 602 00 
 
 237 00 
 
 74 
 
 968 CO 
 
 40 
 
 717 76 
 
 1.68s 76 
 
 504 40 
 
 20 
 
 290 00 
 
 28 
 
 256 JO 
 
 546 10 
 
 206 80 
 
 .S8 
 
 f93 25 
 
 Not 
 
 renewed 
 
 693 25 
 
 266 80 i 
 
 6s 
 
 649 00 
 
 31 
 
 212 50 
 
 861 so 
 
 416 90 ! 
 
 
 No Re 
 
 turn 
 
 of lands 
 
 in Superior 
 
 Court 1 
 
 34 
 
 242 00 
 
 14 
 
 125 00 
 
 367 00 
 
 213 80 1 
 
 .»o 
 
 358 50 
 
 15 
 
 134 00 
 
 402 so 
 
 199 50 
 
 24 
 
 257 00 
 
 9 
 
 58 00 
 
 315 00 
 
 •47 3" 
 
 24 
 
 291 00 
 
 >3 
 
 107 00 
 
 398 00 
 
 103 70 
 
 32 
 
 349 79 
 
 16 
 
 40 00 
 
 389 79 
 
 212 80 
 
 29 
 
 663 80 
 
 31 
 
 "0 50 
 
 774 30 
 
 260 50 
 
 41 
 
 349 50 
 
 27 
 
 104 so 
 
 454 00 
 
 309 30 
 
 32 
 
 273 00 
 
 18 
 
 99 00 
 
 372 00 
 
 221 00 
 
 22 
 
 132 00 
 
 7 
 
 42 00 
 
 174 CO 
 
 129 90 1 
 
 a3 
 
 138 50 
 
 8 
 
 48 00 
 
 186 50 
 
 138 60 
 
 27 
 
 284 25 
 
 4 
 
 37 25 
 
 321 50 
 
 140 60 < 
 
 23 
 
 323 25 
 
 6 
 
 53 2.S 
 
 376 50 
 
 130 40 j 
 
 16 
 
 t2 00 
 
 8 
 
 35 00 
 
 117 00 
 
 106 40 
 
 10 
 
 4 02 00 
 
 '7 
 
 80 CO 
 
 182 00 
 
 «57 I" 
 
 46 
 
 544 50 
 
 20 
 
 147 7'! 
 
 602 25 
 
 293 60 
 
 
 No Ke 
 
 turn 
 
 of lands 
 
 in Superior 
 
 Court 
 
 30 
 
 164 00 
 
 10 
 
 49 00 
 
 213 00 
 
 179 00 
 
 28 
 
 147 5° 
 
 20 
 
 100 00 
 
 247 50 
 
 210 80 
 
 2.S 
 
 190 50 
 
 23 
 
 127 ^0 
 
 ^t8 00 
 
 209 30 
 
 36 
 
 346 70 
 
 47 
 
 47, 88 
 
 P20 58 
 
 38 s 30 
 
 45 
 
 630 00 
 
 I 
 
 5 00 
 
 63s 00 
 
 211 10 1 
 
 40 
 
 600 00 
 
 3 
 
 15 00 
 
 615 00 
 
 196 30 
 
 5* 
 
 312 50 
 
 70 
 
 411 CO 
 
 723 50 
 
 535 40 ; 
 
 39 
 
 269 00 
 
 9 
 
 55 50 
 
 324 50 
 
 216 30 I 
 
 65 
 
 405 so 
 
 34 
 
 192 50 
 
 508 00 
 
 138 40 
 
 59 
 
 352 00 
 
 10 
 
 1 16 00 
 
 468 00 
 
 349 30 
 
 5 
 
 32 00 
 
 2 
 
 12 00 
 
 44 00 
 
 3' 20 
 
 20 
 
 120 75 
 
 10 
 
 70 00 
 
 190 75 
 
 133 00 
 
 1,219 
 
 12,089 79 
 
 661 
 
 50«6 4} 
 
 17.106 22 
 
 8327 50 
 
 
 a 
 
 a: 
 
 u 
 
 r>~ 
 
 
 
 % 
 
 $ 
 
 Cts 
 
 542 
 
 00 
 
 42.S 
 
 84 
 
 '.36 
 
 90 
 
 365 
 
 CO 
 
 II8I 
 
 .36 
 
 330 
 
 30 
 
 426 
 
 45 
 
 444 
 
 60 
 
 mad 
 
 e. 
 
 '53 
 
 20 
 
 193 
 
 00 
 
 .67 
 
 70 
 
 -'3+ 
 
 30 
 
 .76 
 
 90 
 
 513 
 
 80 
 
 144 
 
 70 
 
 151 
 
 00 
 
 44 
 
 10 
 
 47 
 
 90 
 
 180 
 
 00 
 
 246 
 
 10 
 
 10 
 
 60 
 
 24 
 
 QO 
 
 398 fi5 
 
 mad 
 
 e. 
 
 34 
 
 00 
 
 36 
 
 70 
 
 108 
 
 7" 
 
 462 
 
 28 
 
 423 
 
 90 
 
 418 
 
 70 
 
 188 
 
 10 
 
 108 
 
 20 
 
 159 
 
 60 
 
 118 
 
 70 
 
 12 
 
 80 
 
 57 
 
 75 
 
 18778 72 
 
 Tile average overcharge on each of the foregoinj; 1,219 
 "Fi. Fas." is .*;7.2() 
 
 ARCH. McKELLAR, 
 
 Hamilton, isf Dec, 1SS4. Sheriff County IVentrcort/t. 
 
 mmntne/ftt-fH 
 
mm 
 
 18 
 
 (goods and lands) 
 
 COUNTY COURTS. 
 
 o .a 
 
 V — 
 
 c 
 
 A Statement ot'Fi, Fa. Land.s iiiid Goods, issued out of tlie 
 County Courts, in the Imnds of tlie Sheriii's of the ei,u;liteen 
 Counties hereinafter named; showing tlie nundjer of writs, 
 the charge lor writs, number of times renewed, amount charged 
 for renewals, charge for writs and renewals, legal charge and 
 overcharge on writs and renewals. 
 
 COUNTY. 
 
 Halcliinaiid Lands, 
 
 . . ( Joods, 
 
 Prescott i'l Kussel: . . . Lauds, 
 
 " . . CJoods. 
 
 Leeds ^^; Greiiville . . .Gnods, 
 
 Norfolk Lands, 
 
 (ioods, 
 
 I'.Nsex L.'inds, 
 
 ( ioiids. 
 
 JLiroii Lands, 
 
 OotIs, 
 
 I'Vontenac Lands, 
 
 (loods, 
 
 Orey . .Lands. 
 
 ( lOods, 
 
 Renfrew Lands, 
 
 ( loods, 
 
 Klj;in Lands, 
 
 (lodd*. 
 
 Storniont, Dundas. i Lands, 
 and (Jlen>;arry. ((ioods. 
 
 Wentwortli Lands. 
 
 (ioods, 
 
 lenno.x ><; Addinglon, Lands 
 Goods, 
 
 IVrih Lands, 
 
 • ■ Goods,, 
 
 Peril Lands,! 
 
 . ( lOods. 
 
 Oritario Lands.' 
 
 <»oo(ls,| 
 
 Lanark Lands. 
 
 C.oods, 
 
 F'riiice Kdward Luids, 
 
 Goods, 
 
 !i-i ,= 
 
 s: ! -^ 
 
 o 
 
 y< 
 
 ■ = 
 
 'A 
 I 
 
 
 \'X 
 
 
 $ cts 
 
 1 
 
 1 $ cts 
 
 46 
 
 ^68 00 
 
 1 30 
 
 ! 180 00 
 
 62 
 
 462 25 
 
 48 
 
 ] 200 00 
 
 80 
 
 278 25 
 
 43 
 
 117 70 
 
 70 
 
 ^ji 25 
 
 14 
 
 1 38 00 
 
 139 
 
 897 00 
 
 21 
 
 1 90 65 
 
 5^ 
 
 529 85 
 
 12 
 
 75 50 
 
 76 
 
 573 10 
 
 17 
 
 66 00 
 
 122 
 
 601 00 
 
 53 
 
 225 00 
 
 81 
 
 ■?6i) 50 
 
 q 
 
 38 00 
 
 ISO 
 
 <)00 CO 
 
 «5 
 
 69 50 
 
 267 
 
 1,852 15 
 
 116 
 
 615 ,6 
 
 III 
 
 930 00 
 
 19 
 
 147 00 
 
 121 
 
 07 1 00 
 
 18 
 
 92 70 
 
 197 
 
 031 00 
 
 3" 
 
 293 00 
 
 130 
 
 021 00 
 
 3<^ 
 
 179 00 
 
 82 
 
 7H5 7" 
 
 45 
 
 17 f 5<-' 
 
 94 
 
 601 35 
 
 41 
 
 149 00 
 
 T09 
 
 475 00 
 
 5' 
 
 249 85 
 
 109 
 
 475 00 
 
 52 
 
 240 85 
 
 '52 
 
 685 50 
 
 21 r 
 
 914 00 
 
 121 
 
 597 lo 
 
 •74 
 
 687 70 
 
 iqS 
 
 1,651 60 
 
 none 
 
 none 
 
 127 
 
 1.401 37 
 
 ■59 
 
 '405 34 
 
 55 
 
 495 50 
 
 20 
 
 251 50 
 
 57 
 
 S12 O'J 
 
 28 
 
 192 00 
 
 190 1 
 
 827 25 
 
 114 
 
 452 00 
 
 13a 1 
 
 822 70 
 
 2f) 
 
 '25 5« 
 
 96 j 
 
 454 65 
 
 7i 
 
 323 6s 
 
 77 i 
 
 516 25 
 
 23 
 
 82 i;o 
 
 150 ! 
 
 1521 I XJ 
 to M;- Mo 
 
 9 
 
 55 00 
 
 Sent : 
 
 wat 
 
 
 56 
 
 512 55 
 
 20 
 
 49 5" 
 
 54 
 
 324 20 
 
 10 
 
 24 50 
 
 6, 
 
 j6[ 00 
 
 69 
 
 439 50 
 
 61 i 
 
 376 00 
 
 67 
 
 .305 3^ 
 
 3692 1 
 
 33,821 07 
 
 .682 
 
 8567 45 
 
 ■^ r 
 u — 
 
 -- ^^ 
 
 f^ 
 
 5 
 
 $ 
 
 cts 
 
 548 
 
 tx) 
 
 662 
 
 25 
 
 395 
 
 95 
 
 .69 
 
 25 
 
 987 65 
 
 605 
 
 35 
 
 639 
 
 10 
 
 826 
 
 00 
 
 407 
 
 50 
 
 969 
 
 2.477 3' 
 1,137 UO 
 
 763 7" 
 1,224 00 
 
 Sot) 00 
 959 20 
 75" •'5 
 724 8s 
 7-'4 85 
 
 1,599 50 
 
 1,284 80 
 
 1,651 
 
 2,806 
 747 "" 
 
 704 CO 
 
 1,270 25 
 
 948 20 
 
 778 
 598 
 
 60 
 
 7' 
 
 30 
 7- 
 
 I 576 i-M-< 
 
 \j i) 
 
 rt.S f 
 — uQC 
 
 $ (J!S, 
 163 50 
 219 50 
 276 00 
 185 50 
 
 35* 75 
 «43 -'5 
 205 00 
 S-lo so 
 200 25 
 367 50 
 832 75 
 287 75 
 308 25 
 503 25 
 364 50 
 274 50 
 293 50 
 349 25 
 349 25 
 764 00 
 620 25 
 
 445 50 
 
 603 25 
 
 i^^i 75 
 184 25 
 
 655 .50 
 362 50 
 366 00 
 219 25 
 355 50 
 
 3 — 
 
 562 05 j 168 00 
 
 348 7" I 141 50 
 
 1,000 50 i 275 25 
 
 681 35 i 171 25 
 
 32,438 52 I11672 50120766 02 
 
 $ 
 
 CI.-. 
 
 384 
 
 50 
 
 442 
 
 75 
 
 119 
 
 83 
 
 95 
 75 
 
 6(2 
 
 462 
 
 90 
 10 
 
 4 34 
 
 i< I 
 
 44 5 
 
 5" 
 
 207 
 
 25 
 
 60 i 
 
 00 
 
 1644 
 
 56 
 
 849 
 
 '5 
 
 455 
 
 45 
 
 720 
 
 75 
 
 435 
 684 
 
 45'^ 
 375 
 
 5J 
 7" 
 85 
 60 
 
 ^75 
 
 835 
 
 664 
 
 1206 
 
 60 
 5" 
 55 
 10 
 
 220 ^ 
 565 
 
 46 
 
 25 
 
 5'9 
 623 
 
 585 
 
 75 
 75 
 70 
 
 412 
 
 30 
 
 379 
 
 5'^ 
 
 1220 
 
 5" 
 
 394 
 
 05 
 
 207 
 
 20 
 
 725 
 
 25 
 
 410 
 
 lO 
 
 The average overcharge on each of the foregoing .S,692 
 "Fi. Fas." is .*5.(-)2. 
 
 Hamilton^ ist Dec, 1SS4. 
 
 ARCH. McKELLAH, 
 
 Sheriff County VVenhvorth 1 
 
14 
 
 Soiiietiiiit' utter tlu; Hi'tiini.s were f»l)laiiied (from which 
 the t(irc;^((iiin taltlt's .sh(»wiii.u' tlic lar^'c amount of over- 
 charovs made on Writs of Kxecution by lliu rroeess-serving 
 Attorneys, and as a ruh; coHecUfd by tlie Sheriffs, were 
 nioeived) the (lovernment ai>i)()inted a •^eiith-man named 
 -John Winciiestei', Inspector of UtHces. In tlie course of 
 iiis insi)ection of Sheriffs' offices he s()(»ii discovered the 
 extent to wliich this vile ]>raclice of codectin^^ hir<ie sums 
 of illem'Hl fees from innocent defemiants, through the Sheriffs' 
 ofhces, was ])racliced, and I have gn^at ph-asure in Wearing 
 t(;stimony to the iironijil and tearh'ss steps lie adojiteil to 
 jiut an end to a ]»ractici- wlucli might i)e cliaracterizeil as 
 rol)l)ing. lie has done credit to himself as well as to the 
 Government mIio ai)])ointed him : he has already saved sums 
 eijual to, if not much largei, than his own salary to tlu^ 
 litigants over and over again, and has al>o given much 
 valuable counsel and advice in the working of our offices. 
 Now that this branch of the evil, of which both the Sheriffs 
 and the litigants had just cause of complaint, has been 
 satisfactorily settled, we go to the Judges of the Sii])erior 
 Courts of Ontario, confident that we have a gcjod cause to 
 lay before them, and e([ually confident that these able, just 
 and uiiright Judges will do that which is just to the Sheriffs, 
 the Attorneys and the ])ublic. The Sheriffs are only seeking 
 the same protection that is given the otticeis of the Division 
 Court; there no service is legal or valid unless made by its 
 own officer. The Sheriffs or their officers have no such pro- 
 tection, as jmjven by about two hundred letters which I hold 
 from Division Court Clerks and Bailiffs all over the Province, 
 showing, that with one honourable exception, they are doing 
 the Sheriffs' W(n'k, having given the names and addresses of 
 many of the Attorneys for whom they make services, and all, 
 exce[)ting the one honourable Clerk already referred ti> are keen 
 and anxious for more l)usiness. The name of the only Division 
 Court Clerk or Bailiff who refused to have anything to do 
 with the serving of ])apers which should be served by a 
 Sheriff's Officer is C. Bariellier, Division Court Clerk at 
 Belle itiver, County of F^ssex ; he is a gentleman from old 
 Ki'ance, whose talents, tiducation and character ([ualify and 
 
 m 
 
 m 
 
wliicli 
 over- 
 
 il tin 
 
 I 
 
 16 
 
 lit liini l(» niMUtiiy it imicli lii*,'liri ami imiif liicmtivc iuid 
 i('S]M»ii.siblu po.sitiuu than he now linlds. 
 
 hi ('nii(!lii.si(Hi I wish itlo Ik! <listiiu',llv mKloistood thai I 
 liavi' IK) complaint or cause of tlispMlc with the iiu'iiiiicis 
 ol' tlu' It'^al jH'ott'ssioii as a hody. for in tlicir ranks arc 
 to be tonnd many of tiic al)l«'sl, most upright and li(»iu'st 
 men in tlic community, who use tliciv lah'Uts and ^rcat Ic^'al 
 attainments for the <'ood o*" the coniitrv. No man has a liiiihcr 
 appreciation of such men than myself. While 1 was in 
 jtiiblic life I did my best in an humble way to induce such 
 men to enter jjublic life, for I knew full well we could not 
 do without them. I am hajqty to say that a numlier of the 
 nu'inbers of the legal ])rofession, for whom 1 interested myself 
 to induce them to enter public life, are still in publi(; life, 
 and the country could ill all'ord to lose their services. With 
 such men 1 have n(» cause of comjdaiut, for instead of 
 depriving Sheritl's, (jr anv other cImss of the eommunitv of 
 their legal rights, they are ev(^r ready to defend and assist to 
 restore them. The elas.s ot which Sheriffs and others have 
 cause to complain is a class of Lawyers who, unfortunately 
 foi' the country, are growing up, and who rely mor«; upon 
 chicanery and intrigue than upon their legal knowledge to 
 proviile a living for themselves and their families. This is 
 the class of small Attorneys who, in addition to their other 
 duties, [)erform the duties of a Sheriff's Bailiff in the serving 
 of Process, is the class of which the Sherifl's complain, a duty 
 of which 1 have reason to believe they will shortly be lelieved. 
 
 1 now, in the la.st place, beg tt) call attention to a curious 
 and un[)aralleled piece of Legislation to be found in the 
 Ontario Statutes of 1882, 45 Vic, (Jl:. 11, page 24, entitled 
 "An Act to make provision in regard to certain legnl matters." 
 
 The greater i)art of this Act is taken up amending and 
 bettering many items of the Sheriffs' schedule of fees, and 
 those who have any knowledge of the matter know that 
 such increase was much needed. The part of the Act to 
 which I wish particularly to direct public attention is Sec. 
 1 4. That section jn'ovides tiuit a Sheriff whose income does not 
 exceed J? 1,499. '.)*.) shall be entitled to the fees under the At-t, 
 
w 
 
 while iiiiy otlun J^liciill wliosc iiicdinc is Si,')!)!!, or one cent 
 iiiorc tliiiii tlit^ liisl is iKit entitled to iiiiy (»f tin; lees 
 tinder this Art. 1 leiive the public in the iiieiiiitiine t(» 
 work (lilt the piu^/le; if they lUil, and I am livinj^^at the next 
 Ojitarin i'!le('tii»ii and the said 14th Stu;. nut rei»ea!fd, I siiall 
 ^ive the |iiil)lie the kity to it. 
 
 SIh'rilf of Wcnhoorth. 
 
 lliiDtiltoii, J f/ii /■\l>niiiry. /A'A'-r. 
 
 naJ*;- 
 
u<' cent 
 i(! tees 
 me t(i 
 ic next 
 I sliall 
 
 t-ii.<orth.