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i'l

MEMORANDUM respecting the Distribution of
Business between the Senate and the House of
Commons of the Parliament of Canada.

:o;-

I.-OBSERVATIONS ON THE ENGLISH PROCEDURE.

Thfi qui'stion of iinilitatiim- the business of rarliament, by the intro-
duction duiini>' each si'ssion of a iaru;er niiial)er of public and jji'lvntc bills
in the Senate than has bi'cn hitherto the case, has been a matter of debat(^
on several oi-easions in that chamber, and of comment in treatises on the
proc'edure of the Canadian Leuislature. J^ast session, in the House of Com-
mons, the Honourable Mr lilakc brielly referred to the nuitter and asked
the ti'overnment whether, in their opinion, it would not be expedient to
take it up. No step, ho\vi'Vt!r, was taken in this direction in the House of
Commons, and the debates in tlu' Sena'e have never been followed by any
practical measure la the way sujrgested.

The same subject obtained much cousideratiou for years in the Parlia-
ment of JMiu'laud, where the number of private bills are sometimes
extremely larj^'e. In years of pressurt' the result was almost a deadlock in
legislation. Opposed bills came before the House of Lords at so late a
period in the session, that all were hurried aud some were laid aside.

Ik'fore proceedinff to review the condition of public and private busi-
ness in the Canadian Parliament, it will be useful to note the experience
of th(! English Jlouses in this matter.

The difficulty in lilngland arose for years chiefly from the constitu-
tional rule,— persistently aiul rigidly enibrced by the House of Commons, —
which prevented tlu' J^ords from initiating any legislation which involved
the imposition of toils andtbarges of any class. In order to obviate this
serious difficulty the Commons, at the suggestion of Lord Kedcsdale in the
Lords, aureed at last to waive a privilege which had ceased in moderu
times to be important or expedient save in Supply, and to allow all private
bills to be apportioned ecjually beiween the two Houses. By the present
Standing Orders the Lords may consider bills where the fees and tolls
" are imposed in respect of beni'fit taken, or service rendered under the
act, and in order to the execution of the act, and are not made payable into
the treasury or exche([uer, or in aid of the public revenue ;" and when such
bills '■ shall be a private hill for a local or personal act ;" or if they refer to
" rates assessed and levied by local authorities for local purposes "

Consequently the basis of a better despatch of business in the two
Houses was at once laid. A further improvement w^as made by the adop-
tion ot the following Standing Order ; —

" The Chairman of the Committee of Ways aud Means shall, at the
commencement of e.ach ses.sion, seek a conference with the Chairman of
Committees in the House of Jjords, for the j)urpose of determining in which
House of Parliament the respi'ctive Private Bills should be lirst considered,
and such determination shall be reported to the House."

By reference to the Journals of the English House of Commons, every
session, it wnll be seen, that, among the first business transacted, is the
presentation of a reiiort under this rule. The bills to be initiated in the
Ijords deal with Hallways, Harbours, Corjiorations of Cities, "Water and
Cras Companies, Inlirmaries and Asylums. Trust, Banking, aiul other Stock
Companies, Vestries and Parochial Boards, Navigation Companies, and the
ni\merous classes of subjects that naturally and necessarily fall under pri-
vate legislation.

I' I

r 11

1 ' r

r r

In order to facilitiitc the oxamiiiatiou ol' Privnio Mills, previous to the
sussion ol' I'arliiiiiieiil, it is ii Staiidiiii^- Order oi'the Coiiiiaons :

" Every |)eliii()u lor a private hill, headed hy a short title, descriptive
of the uiidertakinu' or hill, eurrespoiidiim' with that at the head of the
adverliseiiii lit, with a declaration, sii^iiied hy the au'eiil, and a printed copy
oi'the hill annexed shall he deposited in tiie Private l!iil Oiiiieini or hel'ore
the 21st of Deceiulier and such Petition, 15111 and Declaration, shall heopeii
to the inspection d'all parties."

It is also a Tuh- that copies of all hills shall, at the same lime, be
deposited with the Hoard ol' Tra<le, Treasury, or other department under
whose special supervision they may come.

Another Standing Order provides that. " In all cases where aiipliea-
tion is intended to hr made I'or leave to hriiii;' in a Hill relatinu' to any of
the Two (Masses ol' Private Hills. Notice shall he aiven slatinu' the ohjects
of such intended api)lication, and the lime at which co[iies of the Bill will
be deposited in the Private Hill Ollice."

All thes(M'ules are inttMided to facilitate an examination of the l^ills
bi'fiin: the Session by the ChairnuMi of Committees in the two Houses, and
by I he l']xa miners of Petitions, whose duty it is especially to rejiort upon the
proposed distribution between the two Houses and compliaiici! or non-
compliance with the Standing Orders.

"With respect to the Examiners of l\'titions and Standinn- Orders, just
meiitioiu'd, it is necessary to explain that, some years aiiO, the Lords
adopted a most convenient ariangement, which dispensed with a double
proof of all those orders which are common to both Houses, ex<'ept in cer-
tain cases. They appointed, as " examiners of Standing' Orders," the
gentlemen who hold the ollice of examiners of petitions in the House of
Commons. Piy this arraimemi'iit the examiners, acting on behalf of both
Houses, now adjudicate upon all facts relating io the compliance or non-
compliance with the Standiiu:- tb-ders, and the Standing Orders Committee
in each House, determines upon the facts as rei)orted or certilied to them,
whi'ther the Standing (h'ders ought or ought not to be disiieiised with
All parliamentary authorities agreethatol all tlu' imi)rovcments, coniu'ited
with i)rivate bill legislation, none hav(> been ^o sinnal as those in whiih
till' examiners were constitute<l. and both Houses conctirred lor theassimi-
hition and joint proof ol tlieir Standing Order.s.

I may mention he
and of the I'lxaminers
rule,s and reuulations
passau'e of Privati' Hill
their observance entai
makes the business of
j)rofession in I'hmland
the expenses of priv
to the conditions of ai
ngement to enterjirise
full and rigid in Engl
raiidum.

re that the di;ties of the Chairmen of Committees
in the ICnglish Houses are ({uite onerous, as the
ali'ecting the introduction, the provisions and the
Is are very eompiicaled and rigidly enforced, while
Is a great expense on petitioners and promoters, and
parliamentary agents ;,nd counsel a most lucrative^
The rules in Canada are much mori' siin|>le and
ate bill leo-i^jhition relatively small, and suited
■ounlry where it is necessary to give every encour-
and <apital. Some reasons why these rules are so
and will be stated towards the end of this memo-

Another dutv dischargtHl by the Chairman of the Lords' Committees
may here be mentioned in order to show the various steps taken to facili-
tate the proirress of a bill throuuh the Lords, and to mak(> its provisions as
perfect as possible. A\ hile a bill is before the Commons, it is the i)ractice
to lay it before tlu' Chairman in (piestion, and give ell'ect to his observa-
tions durinu' the jirou'ressof thi' bill throiu;h the Commons. The amend-
ments sugiicsled in the Lords are thus I'mbodied with the other amend-
ments before the bill has passed the Commons ; and unless the bill be
opposed, its progress through the Lords is at ouee easy and expeditious.

i ■

.<\ A'

Oiii' of the plans susjpostt'd in England IVoin limi; to time, iivowcdly
for tho purpose of facilitating public business, has been the sul)^liluti()ll of
- single in(|uiry, for the existing double inquiry into Contested liills. 'I his
plan was much discussed by a Commons' Committee ol' IS.'):). Mv. Lowe,
one of its mt'nibers, moved, "That the House of liords be invited to concur
in sonu! arrangement by which a I'rivate Bill may be investiualed, at the
same time and jdai-e before a Committee of the two Houses, or by which
one joint tribunal nuiy be formed from both Houses." The opiiiinn in the
Committee was divided, and the Chairman eventually ffave a casting vote
against the i)roposal, which was then supported by Mr. Gladstone ami
other emiiu'ut iiarliamentarians. Similar pro|)osals were made in sub-
sequent years. In I8ti!t a joint Committee of Lords and Commons was
appointed " to consider whether any facilities could bi' given for the des-
paii u of business in Parlianu'iit." This Committee considered it expedient
that opjiosed Private liills should be referred to a joint commit lee consist-
ing of three memV>ers of each House, and were of opitiion " that this change
\vonld introduce, greater sinii)licity and rapidity ()f procee<iinLr and a cor-
respoiulini!' economy." This plan included joint Standing Ordi'rs Com-
mittees. Upon an opposed bill, the chair was to be taken by ,i member
of the House to which the bill belonged. A bill, after being reporti'd,
could be always recommitted to the former or some other joint Committee
as might be expedient.

The sentiment of Parliament, however, has been, so far, in favour of
the two Houses dealing separately with private bills, and of each of tlu'i.i
acting as a court of appeal on the decisions of the other. Sir Vernon liar-
court, who once practised with success at the parliamentary bar, told the
House of Commons in 1872 that " over and over again ho had known de-
cisions on private bills reversed by the House of Lords, and never recol-
lected any in which that reversal was not right." That was natural, he
added, because upon a second hearing mistakes were corrected, evidence
was strengtheiu'd, and the case better understood, llesides the general
testimony borne by Sir William Harcovirt and other high authorities, other
facts have betui adduci-d to show that public interests would suil't-r were
tliere not such a Court of Review as the House of Commons or House of
Lords allbrds wheu the bill comes before either in tho ordinary course of
procedure.

II.— SUGGESTIONS FOR THE CONSIDERATION OP THE
CANADIAN HOUSES.

We may now proceed to review the present condition of business in
the Senate and the House of Commons of Canada, and consider whether
it is not possible to follow the practice of the English Parliament in this
particiilar; but bel'jre doing so, it is interesting to note here that it has
become the established cixstom in the colony of South Australia to intro-
duce all Private liills in the Legislative Council, thereby securing greater
expedition in passing, owing to the pressure of business in that House
being so much less than iu the Assembly.

The rules of the Canadian Houses, with respect to the initiation of
Private Bills, imposing fees aud charges for services performed and not in
aid of the public revenue, are tho same as those of the linglish Houses,
and consequently no diiUculty can arise on this account with respect to
the presontatiou of a greater number of Private Bills iu the Seiuite.

It is not necessary here to refer at length to the evidence that the re-
cords of tho Parliament of Canada have afforded ixs for years of the unequal
division of business between the Senate and the Commons, which has
obliged the former House to ad.journ for days and even weeks at a time,
and has forced them towards the very close of the session to consider prac-
tically the bulk of important legislation, when there is relatively little
time f'o. that deliberate discussion and review, which seems to be essen-
tially the function of an Upper House under a parliamentary system of
government.

Ill till' ApiKMidix iir." two tahuliir Btatciiu'iits (A. iS: 1>.) .slio\viu|i^ the
followiiii^' I'ai'tN ibr each year during livo years :

1. Sittinu's and adjounimouts of the Sriialt', carli so-isioii.

2- (lovornmeut, I'uhlic niid Private liills introduced iv.speclively in
thtt Senate and the House of ('oiiimoiis, eaeii .se.ssi(Mi.

The farts set fortli inthese<'ond lahh- may l)e eoiisiih'red, in a measure,
rosi)onsihie for the faels disclosed ill liie iirsi lal)ie l«ut hy reference to
tlie second tiihie it will he seen that there lias l)eeil a decich'd increase in
the numi)er of piihlic hills initiated in the Senate of late years. In 18lin,
there were 17 government and i)uhlic hills hroiiiiht down to the C'oininons
from the Senate against !) in l«8tj, o in lh«T, and 3 in l«H?<. Uf this
numher, i:i were government bills.

In the ease of Privates Bills, theie has heen no rhange in th(> same
desirable direction. In 1S!)0, I hen- were SI Private ISills introduced in the
Commons and only six presented in tht^ Senate, and of the latter thri'e
were Divorce liills, which have l)eeii always initiated in the upper house.
The same facts are disclosed by reference to the Journals of the Senate for
each session since 18t)7.

It is quite obvious that if the promoters of Private liills are fri<o to
select the House they choose for the initiation of their legislation, they
will, as was tlie case originally in iMigland, always go to the House of
Commons, under the beliel' that if ihey pass the ordeal of that hcjdy, the
consideration in th(S upjjer house will he easy enough and a matter of
secondary importance The question then occurs whether it is possible
or expedient to follow the ICnglish j)ractice and divide legislation between
the chambers witliout reference to the -wishes of iHoinoters.

In England, we have seen the rules provide for: —

1. The presentation of i)etitions and ])ills at a fixed date, before each
session of Parliament.

2. The examination of bills and petitions by permanent Chairmen of
each House, and by Examiners — all these being officials of the Hou.ses.

This Canadian House of Commons have already the following rule
providing for the printing and the presentation of Bills before the commence-
ment of each session.

" Any person seeking to obtain any' private bill, giving any exclusive
privilege or prolit, or private or coriiornte advantage, or for any amendment
of any ibnner act, shall be required to deposit with the Clerk of (he House,
eiffht days before the meeting of the House, a copy of such bill in the
English and French languages, with a sum sufhcient to pay for translating
and printing the same, etc."

This rule has never been practically enforced. A table in the Appendix
(C) .shows the number of bills sent in to the Clerk of the Commons before
and after the iM'ssion under this rule during the past live years. It is note-
worthy, however, that there appears to have been an improvement u this
direction for the past two years. As a matter of fact, the number sent in
under the rule were on the very eve of the session. The majority still
continue to be presented during the session.

It seems that the Canadian rule should have gone further, and in ac-
cordance with thts I']nglish Standing Order, should have required that
both petition and bill be forwarded at the same time. As the rule is now,
petitions are [ircsented "after the lirst ten days," and private bills " alter
the lirst two weeks of each session " — a term invariably continued for
several weeks, in this case of both petitions and bills, during the session,
on the recommendation of the Committee on Standing Orders.

NotircH ol nil iiilcii<lc'(l iippliriilidiis lor priviili' hills nrc rcfiuirrd lo hr

I)lll)iiNlli(l ill tilc ( »i'b iiil (i;i/rlli' 1111(1 lli'\V>pllpi'ls oT till' (li,s|li( I illlcri'slcd
ill till' pnipiisi'il lc;iisliili()i|, I'ol- iit iciisl two lllolillis licjol'i' llli- roilsiilclM-

tion of till' pi'til ion. 'I'll is hi If is const ant ly siispi'iidi'd mi tlii' ii'ioinuu'ii-
dutioii ol' t lu' SliuidiiiL!' < h'di'is ( 'oiiiiiiitti'c en sulliririil irasoiis l.'i'iiig nivcii
to till' t'omiiiitti'i' liy till' pioiiioti'is.

In till' llousi- orConinions tlnTi' is idrcudy pnuliciilly all llir iiiarliin-
ery ncccMsiiry to curry out tho proci'durc in voii'uo in ICnulund, should the
cxistiii'^' rules rclaliiiu' lo I'rivati^ liills In- anuMidcd in the sainc direction.

The Chairman ol' Conunillee.s of the Whole or ol' Ways and Means
could easily discliavue the dill ies of t he same olliccr in l']iiulaiid, whose
not least important luiictions are those connected with the prouTess of
Private liills in rarliaineni.

In the ruiadiaii House of Commons, (he duties of examiners of ])i>ti-
tions and !■ ,' '"ive heeii i)ractically disclmruvd hy Clerks of Private Hills
(^onimittees. ....'Clerk of Staiidina' Orders liillows in the newspaper all
the notices for private hills, and in forms the Chairman whether the .Slandinii'
Orders ha\e lieeii complied with or not. The Committee are mainly
•jovoriied hy his report on these imdiniinaries and other points relative to
the notice and the pi'titioii.

In the case of Railways, the most important suhjects that coinehel'oro
the Commitlei's — involvinu- as they do, lavLic (|ucstioiis of puhlic policy
and sectional or local interests — the House of Commons not lonu' since
adopted a Model IJill (see appendix K), "in accordance with which all
Private liills for acts of incorporation of, or in amendmeni of acis incor-
jjoraliii!'- Kailway Conipanies shall he drawn "— -jopies heing' obtained ou
application to the Clerk of the House.

This Standinii' Order has much facilitated le<iislatioii, and .saved the
time of the large and important Committee which siii)ervisos this cla.ss of
hills.

It is now provided that before any Railway liill is considered l)y the
Committee, "a report shall be first submiited to the Committee hy the
Hxaminer, slalin^- that he has examined the same, and has noted, opposite
each section, any variations from the jn-ovisioiis contained in (he Model
Bill; and to ensure uniformity, the lixamiiicr shall revise and certify
every Private liill passed by the Committees, and the reports thereon, be-
fore they are presented to the House.

This duty is now performed by nii etlicient Clerk of the Private Rill
Committees in connection with the Law Clerk, and has worked on the
whole satisfactorily. Under the direction of the Clerk ol the House, these
olhcers print and fup' .vise all private bills It is their duty also to report
on all amendments in the Senate to Commons' liills, before they are taken
up in the hitler body.

If the Chairman of Coininittoes were to have his duties enlarffed in
accordaun' with English practice so as to act in conjunction with the
Officer.'^ of the House, an improvement would be made, and a greater guar-
antee for etHcieiit legislation given to the House.

Biit the Senate does not api>ear to possi^ss the same ellicienl machinery
that exists in the House of Commons for the initiation and consideration
of Private liill legislation. This "vises chielly from the fact that .so few
Private liills have ever been introduceu in that House that the attention
of its members has never been fully directed to the subject, and its staff for
im])ortant Committee work of this character is very limited. In the case
ol Divorce Hills, to which the Senate have chielly devoted themselves,
their rules have been much improved of late years, and a more legal and
judicial character given to their procedure, hi this particular the House

of Commons hiis l)ct>n vclidvccl ol' a Irouhli'sonic class of legislation, aud
wo have an illustiation of tlir Ijcnclit tjiut I'ariiami'iit, may di'iivc I'rom m-
croasinu' the laiiliticsor the same lloiisi' lor the considcialiun ol'ulhcr classis
of pi'ivalc hills. The Si'iiatc has n(j more coustitul ionai liu'iit to consider
J)ivoi(i' liills tlian the Hiniscor ("omnions ; it is a matter whicji the Senate
has taicen up in conl'ormily with tiie practice of the House of i^oids, and
the Commons has ac(]uiesced in the couvenieiice of the arrang-ement.

The iSemite has no i)ermanent Chairman of Committees like tho House
of Lords, hut it is desirahle that one should he ai)pointed l>y that body in
case of a change iu the direction now suii'u-ested.

The Senate has not adopted the rule resi)eitiii^' a Model I'.ill simply
l)ecause the necessity has never arisen — the introduction of Kailway liills
in that House heini^' ex<'eptional. Indeed, the Commons and Senate" liules
should he uniform in all particulars as iu Iviuland.

AVith this short reference to the lules and reuulatioiis respecting Pri-
vate liills in the two Houses, wi' may now iu(|uire whether il Wf)uKl not
lie jiraclii-ahle and expedient to make the follnwinj;' chanii'i's in their pro-
ceduri' in order to faiililate the prouress of Prix ate liill legislation in I'arlia-
ment, and give that additional cmidoynient and responsihilily to tho
Senate which its members have more than once demanded in the interests
of that branch of the lea'islalure. These suggestions are nn\inly based on
the iMmlish jiractici' as brielly set forth in this memorandum, and on the
simjjle rules and machinery that already exist in the Houses so far as they
can be made applicabh' with a few amendments : —

1. All petitions and bills should b,' deposited in the hands of the
Clerk of rarliament or of the Clerk of the House, on or bef re the 24th
day of December [or one month before the meeting of I'arlianu'nt], and
l)rinted in the two laiiguag(>s at once.

2. The iu)tice ])iiblished in the dnzrtle and newsi)apers, under existing
rules, should state the date when the petition and bill will be presented.

3. At the beginning of each session, the Chairman of Committees of
the House of Commons shall seek a conference with the Chairman of Com-
mittees of the Si'intte for the [turpose of determininii' in which House the
resi)ective private bills shall be lirst lonsidered and shall report such deter-
mination to the House.

4. It shall be the duty of the Chairman of Committees, with the assis-
tance of the Ollicers of the House, to examiiu' all i)rivate bills, whether
opposed or unoi)posed. and to call the attention oi the House, and also, if
he think lit, of the Chairnuiu of the Committee on every private bill, to all
lioints which may appi'ar to him to requin- it: and at any period after a
bill has been referred to a Committee, he is at liberty to report any special
circumstances relating thereto to the House.

5. The promoters in depositing a jx'tilion in the House by the 24th of
December as aforesaid [or one month belore the nieetinu' of rarliament].
shall place on the back Iherecd'the lunne of the nu'mber who is to i)resent
it at the proper time in the House, and shall do the same in the ease of the
Bill when il is to be presented in the House.

This foregoing is a siimmary of the new rules that would jirobably
enable the two Houses to ensure a better division of labtiurin an important
chuss of legislation. Hut in other respects the business may be facilitated
by forming a joint Commitlee of Standing Orders, instead of having separ-
ate Committees in the two Houses rejiorting on petitions and compliance
or non-compliance with the Standing Orders relating to noti< es. It would
be inadvisable certainly to .have one joint tribunal as more than once sui>-
gestod in England on the liills themselves, since a review by another

IIousi> is v;ilu!il)li' MS oxiicriciirc hiis shown us in Ciintidiiuiuli'r our present
Itroccduri'. i'lil one joint ConiiniKet' in lln' pri'liniiniiry sta<>t' ol 'pi>litions
iind notires may Ix- nsri'ul Tiiis C'oniniilti'i' sliould he i'ornied at the very
hei>inuinti' ol' liie session, us soon as tiie Address in answer to the iSpt'ech
is agreed to.

Exi)erience under even the present ruh' oreiiiiit days shows that were
all private l)ills re(|uired to he i)resent"d i'or examination and printini^' lor a
niueh h>nni'r pi'riod hidore the l)eii'inninL>' of each session, as is suiiirested
ahove in a<cordanre with iMiu'lish pradiee, the public l)usiness ol' both
Houses, will under any I'ircuinstanc^es be much facilitated.

No doubt the present staff of the I^enate, as already intimated, is
inade(juate lor the additional labour that would bi' entailed on them;
but two clerks at least for Committees oiig'ht to be suflicient. But this is
a matter of which I write with hesitation and in any case a joint Committee
on Standing Orders could be in chnru'e of tlit> present elficient ollieers
of the House of Commons, and the Senate clerk detailed for other Committee
work.

In the House of Commons little or no additional exjieuse need be in-
curred by the i)roposed changes In the Senate the Chairman of Com-
mittee, should be paid, ajul two or three clerks of committes might be
added to the iiresent stall. In any case the total amount of fees received
every session for private bill legislation is quite large, (.See appendix D),
and it would be very easy to increase the fees by at least ten per
cent., that is from $200 to §220 on each bill.

Enough has been said in this review to show the difficulties that stand
in the way of the ])roposed changes. The success of the whole si/slem
must rest in a sireat meusiife on the vnrl>i prcsenliilion and iirintin<^ of hills,
he/ore the session, so as to ensure their i/irision alonre between the lira Houses.
Hitherto there has been great laxity on all sides, both on the part of pro-
moters, and of the House itself, in alfording loo many fa<ilities for the sus-
pension and even evasion of the rules which, as even now framed, are
intended to press forward private leu'islation. If promoters and parliamen-
tary agents know that the rules will be riu'idly enforced, as in l!]ngland,
i'ud there is no reason whatever for allowing neuligence or procrastination
en the part of legal counsel, the dilRculty that I api>rehend may soou dis-
appear, and the business of the Houses be facilitated.

In one respect, however, there may be some disadvantage from a pub-
lic point of view in giving the Senate the initiation of a large proportion
of important private bills, involving ([uestions of i)ublic jwlicy and sec-
tional orjirivate interests. The important luMids of l)ei)artmcnls, like I'iu-
ance, Kailways, I'ublic "Works, Interior, and Customs, iSrc.sit in the Hoiise
of Commons, and on its Private Bill Committees. I'or instance, the Chair-
man of the most important Committee, Uail ways and Canals, is the present
Minister of Public Works, Ministers are always present on all the Com-
mittees to protect the public interests. This practice does not prevail in
England, where the Standing Orders are more comi)licated and numerous
in order to guard i)ublic interests and relieve the Ministers so far as i)rac-
ticable from attendance on Comnattees. In Canada the jiresence of Min-
isters is unavoidable. In tht^ Senate the members generally have not only
the leisure to give full attention to this class of legislation, but there are
not a few men in that body especially competent to deal with Hanking,
Commerce, and other subjects of public interest. The at).sence of im-
portant heads of departments in the Senate, however, may be considered
as tending to render that body less competent than the Commons to watch
over j)rivate legislation. This is a ([uestion on which 1 do not venture
to dwell, and will only suggest that, in all probal)ility, if the Chairmen of
Committees devote thems'dves to their duties, Ministers will Iind their
responsibiliti(>s much lessened ; since it would be the special I'unctions
of those chairmen, as in England, toexamine and report on every bill that
may aU'eet the public interests.

By hiiviii^- copies of ill! petitions and hills deposited before the ses-
sion, and in the hands ol' the puhlie depuriment.s, the government would
Und their i)resent work mu<h lessened.

This memonindnm is merely suir^'estive, and the writer wonld recom-
mend that, in case it is deemed exi)edient to consider tiie whole ((uestion
l)racticiilly, a joint committee he ton led in the llon.-es at the hei^innimr of
next session, and that the initiation i.e taken hy the Senate iu the forn'i of
some such motion as the following- : —

" That a Committee composed of the Honourable Messrs.

be appointed to join with a ( ommittee of the House ol' Commons to rou-
sider whether any facilities can be uivcn for the discharue of business iu
1 arliament, especially in relation to private bill legislation.

mens.

That the said Resolution be communicated to the House of Com-

.T. Cr. 150U1UN0T,

C/er/t of the Commons.

HousK OF Commons, Ottaw.v,
January l*2th, 18!»1.

APPENDIX A.

TABLE slu.wiiif; nu.nlK.r.,f Coiniii.„is IJills-flasscs thrreof, otc, and Senate
Bills l.n.M!,'lit down U, C.ninions, for oacli ScsNion from 18H0 to lt<l»o,

inc'Uisive ;

Commons Jiii.i.s—

(Jcivcrnnii'iit nml Piiljlic HilN ,

I'mvATi: Uii.r.s—

Hefeiru.l tti IJailway Coiiiniiltio.,
Bankiii.,' " ...

I'liviite liilk " ...

Total Private Hills, Comnions

Senate Bills (brmiglitdown)—
Qovernnicnt Bills

1«8() 1887 1H88 j 1889 1890

15
11

(i2

Public Bills i 2

Private Bills JT

Divcjrce Bills l ,

Tiital I'liviUf liills, Senate •'

4(i

(

04
13
4

Grand Total of all Bills •■ 15,) j-f, j.jj

2 : 13

i_' ^

1 3

4 I 3

5
153 161

APPENDIX B.

TABLE relative to Sittings of Senate dnring the year 1SS8. 1889 and 1890 :

Your.

Wlii'lp niiin-| Number of Number

bor ol il lyjibi.vs in whicli of dnys wbcii

Irolii ninMinigsitlinBS look aiijournnifnl

In elosliiK ilii.v.pkeo • took hliici- be

I session. I fore 1! o c-loek

Number of Number of | Number of | Covering a

sittiriBs pro- siiiinirs pro- ;niIjounimenis porioil, iniill.

iri.cle.l.itier Inietecl uflcr idurioKsession. of days.

I. all o clouk. uiidniiilit.

1888

1889

1H90

121

rulJ', rUe'Cefore';; oXok."" """ '""'"' "'' " ''"'"" """•■'' ''"»■• •"" ""= »«■« '"bio 'hows th«t tho Senate.

APPENDIX C.

Table sliuwin'' immber of

Private Bills sent in

before the first day

of the Session.

1'''0 30

1N87 20

1888 17

1889 jg

IH'JO 34

Tableshowinfjnuniber of I™ ,, , . , ,

Private Bills sent in ' T'V' «1'"«'""K "umber of

durin.' the first 14 i 1 nvate Bdls sent in

davs of the i "llerlhe 14tlMlay

"Session. of tlie Session.

14
21

16
14

18
40
23
83
37

Total.

62
81
62
68
85

APPENDIX D.

Memo, shovviny toliil niiiouil ••ollffti'ilon accoiiiil of I'riviitf IMll Fees.
11. d'C, ill ciicli of the I'ollowiiig yen,-: ; —

18>^<) !51-2,!i7t!,18

1887 I(!,:i|.r0.)

lf<8S 1.{ l!il:>2

188!i V.\.M:]A)0

18tt0 17,l;],J.05

In the Senate, duriiii>- the pa.st live yciirs, on lui iiviTage, 7 private
bills (divorce incluil.-d) have been presented each year. Therel'„re. about
$1500 would be an outside e,stiniatc ol' the private' bill de.s i)aid in that
House.

APPENDIX E.

CoMAioNs' Rule bespectiiVU the Model Birx.

SlA. All Trivate l?ill.s lor Acts oF incorporation of, or in amendment
of Acts incorporating liailvvav C;onii>ani.'s, .shall })e drawn in ac.ordance
with tho Model Hill adopted by tlie House on li-ird .Tunc, 1«87, copies of
which may be obtained from the Clerk of the House.

(ii). The provisions contained in anv liiil which are not in accord with
the Model IJill, shall be in.serled between l)rackc(s. and when revised by
the proper officer shall be so printed, and bills which are not in accordance
with this Rule shall be returned to the promoters to be recast before beiu"-
revised and printed ; ^

(b). Any sections of existinu' Acts which arc propo.sed to be amended
shall be reprinted in full with the amendineiits inserted in their proper
places and between brackets ;

(c). Any exceptional provisions that it may be proposed to insert in
any Bill shall be clearly specified in the Notice of Application for the same,

olB. No Bill for the incorporation of a Railway romjiany, or for
changing the route of the railway of anv company alrcadv incorporated,
shall be considered by the Railway Committee until there" has been lyled
with the Committee at least one week before the consideration of the Bill :

(rt). A Map or Rlan drawn upon a scale of not less than half an inch
to the mile, showing the location upon which it is intended to construct
the proposed work, and showing a i.so the lines of existinu' or autliorized
works of a similar character within, or in any way allecting the district
or any part thereol", which th.> projioscd work is intended'to serve and
such map or plan shall be signed by the Kngineer or other person makino-
the same ; °

(6). An exhibit showing the total amount of capital proposed to be
raised for the purposes of the undertakiim', and the manner in which it is
proposed to raise the same, whether by ordinary shares, bonds, debentures,
or other securities, and the amount of each, respectively.

59a. Before any Private Bill is considered bv the Committee to which
It may be referred, a report shall '=.st be submitted to the Committee by
the Examiner, stating that he has examined the same, and has noted, op-
posite each section, any variations from the provisions contained in the
Model Bill ; and, to insure uniformity, the Kxaminer shall revise and cer-
tifi^ every Private Bill passed by the Committees, and the reports thereon,
before they are presented to the House.